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HomeMy WebLinkAbout1987-11-17 (Regular) Meeting MinutesI I Ca 11 to Orde r ENGLEWOOD C ITV COUNCIL LNGLEWOOO, ARAPAHOE COUNTY, COLORADO Regular Session November 17 , 1987 The regular meeting of the Englewood City Council wa s ca 11 ed to order by Mayor Oli s at 7:33 p.m . 2 . Invocation l he invocation was given by Co un cil Member Vob ejda . 3 . Pledge of Allegiance The Pl edge of A 11 egi ance was l ed by Mayor Otis. 4 . Roll Call Present: Absent: A quorum was present. Also present: 5. Minute s Council Mem bers Hi gday, Van Oyke, Vobejda, Kozacek, Bilo, Otis Council Member Bradshaw City Manager Mccown City Attorney DeWitt City Clerk Crow Director Winkle, Library Acting Director Romans, Community Development (a) COUNC I L MEMBER KOZACEK HOVED, COUNCIL MEMBER BILD SECONDED, TO AP · PROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 2, 1987 . Motion Ayes: Council Member s Higday, Van Dyke, Vobejda, Kozacek, Bilo, Otis Nay s : Abstain: Absent : carried. None None Co un ci l Me mber Brad shaw 6. Pr e-s chedu led Visitors (a) Members of the Career Service Board were present to discuss the reintroduction of Council Bill No . 67 {Age nda Item l4(b}(i)). Member Kerzic Eng l ew ood , ·, ty Council Mi nut es Nov ember J /, l 987 -Page 2 fe lt Coun c il nee ded lo be aw are of variou s d~ci s ion s ma de by th e Board; she s la~ed if t he propo sed amendment wer e approved , the Car ee r Service Board wa s bei ng told lo rubber -s tamp dec ision s made by admini s tr at io n ; she pre sented cop i es o f dec i s ion s made by th e Board . Member Turner s taled lha l the Car eer Scrv i cc Board was di r ec l ed by Cha r ter t o l ake wh ateve r action i l deemed nece s- s ary lo effect uate th e poli c i es of l , Ci ty Cha rter as ame nd ed and the or- di nances adopted t her eto, l hal t hey were present al thi s mee ting lo defend th e ir righ t s to mod ify a di sc ip li nary appea l. Sh e as ked Counc il to po s tpone ac tion until a cou rt ruling had bee n r ece iv ed , s taling l o pa ss lhc ord i nan ce wo uld be con trary lo Chart er . Memb er Po kr aka s lated lh c Career Se rv ice Boar d pr ov id e s for a bal ance of pow er and g iv es th e emp l oyee s an avenue for appeal . To ta ke away modif i cation r i ght s deprives employee s of their due process. She s har ed 1·esearc h information concerning di sc iplinary action s prior to 19BO . She cone 1 uded by ur ging Co un c il to a 11 ow lh c co ur ts to make a determination on this mat ter . Ch ai rm an Fle enor adv ised Co un c il of the publi c hearing lo be he ld on t hi s to pic on Decem ber 1, at 6:30 p.m. Di sc uss ion ens ued r elative to t he re as on s this matter was being pres ented at thi s point in time . He ex- pla i ned that the Career Ser vice Board believe s that their right to modify di s- c i p 1 i ne is an important protection for C ily emp 1 oy ees. Copies of new spaper ar tic les which appeared in the Englewood Sentinel in May , 1984, were di sc ussed and given to the Cl erk l o include In the record . Mr . Fleenor co ne l uded by s la ling that the Career Se rvice Board serve s as an es scnl i al pro tee ti on to emp loye e rig ht s and that the Board nee ds to continue lo be abl e to decide whether di scip line is appropriate or excessive. The neutra lity of the Chair- man was que s tioned and d iscu s sed . (b) Officer Ga ry Ka ss on , Pre s ident of the Eng l ewood Po li ce Ben e fit As- sociation , e.,pressed opposition to the pa ssage of Co uncil Bill No . 67 amending the Career Service Board's rights to modify di sciplinary action s of the City admini s tr•tion . He expres se d the di s appointment and confu s ion felt by the members of EPBA as a resu lt of this matter being reconsid ered since the As- soc iation had been of t he opinion the ordinance had bee n de feated on Oc Lober 19 . He further stated he had been approached by staff in an effort to strike a comprom i se, but t hat th e Ass ociation had not agreed lo ne got iations towar d a compromise even though he had agreed to discuss the matt er further with staff. li e s tated that 1f this ordinance i s approved, it will de s troy one of the checks and ba 1 ances provid ed the emp 1 oyees, it wi 11 result in increased expen - ses for both the City and emp loye es to re solve future appeals . He concluded by ~cque s ting Council lo bring thi s item forward for a decision rather than hold it until later in t he meeti ng . Council agreed but other vi sitors wishing t o disc uss the sa me s ubje ct we r e heard f irs t. 7. Non-sch ed uled Visitors (a) Mi ke Grunning er, President of th e Engl ewood Firef '~hters Associ a- tion, s tated the Firefi ghter s Ass ociation wer e al so oppo sed to the ordinanc e and planned to attend th e public hearing to s tate their po s ition. He stated the fir e fight er s would be wi lling to negotiate a compromise, but they sup- ported t he Career Se rvi ce System and its right to modify di scipline. Mayor Oti s called for a rece ss at 8 :54 p.m. to receive in forma tion from the City Attorney; the mee ting r econvened at 9 :07 p.m. I I I Englewood City Councii Hin~tes November 17, 1987 -Page 3 Ro ll wa s called. Present: Council Members Higday, Van Dyke , Vobejda, Kozacek, Bile, Otis Ab se nt : Council Member Bradshaw A quorum was present. Mayor Otis asked if anyone else wi shed to speak to Cou nci l on the matter of the Career Service System. Non-scheduled Visitors (continued) (b) Pete Juenemann, Pre side nt of the Englewood Employees Association and an emp 1 oyee of the Bi -C lty Wastewater Treatment Pl ant, questioned the vote on October 19 . It was explained that the October 19th 3-3 vote was not a de- feat by Council but considered a "defeat by rules of Council." Mr . Juenemann s lated the Employee s Asso ci ation hop ed thi s matter would be se ttled by de feat - in g lhe ordi nance, that the As soc iation perceived th e Caree r Service System as f unc lion i ng the way it wa s intende d , t.o change it lhe way this ordinance is written would be a serious loss to the organizatior . (c ) Janet Kerzic, 4790 South Lipan, returned to the podium to i nform Counci l that the judge hearing the Leyden case had stated he had to give the dec i s ion some real thought because it would affect th e Career Service Board in lhe future . (d) Don Smith, 3165 South Sherman Street, addressed Council with regard to Coun c il Bill No. 67, warning Council that if the intent and purpos e of the ordinanc e was in con flict with the Charter, it would be illegal and end up in Co urt. (e) Roy Swanson, Bu si ne ss Agent for Englewood Employees Association, notified Council that the State Council is opposing the ordinance, sup porting the Career Service Board 100% with a nationwide effort on behalf of the Career Service Board . COUNCIL HEMB(R HIGDAY HOVED, SECONDED BY COUNCIL HEHBER BILO, TO BRING FORWARD AGENDA !TEN 14(b)(i). Ayes: · Motion Nays : Abstain : Abs ent : carried. Council Members Higday, Van Dyke, Vobejda, Kozacek , Bile, Otis None None Council Member Brad shaw COUNCIL BILL NO. 67, INTRODUCED BY COUNC IL MEMBER OTIS, REI NTRODUCED BY COUNCIL MEMBER HIGDAY, TITLED: A BILL FOR AN Ot<DINANCE AMENDING TITLE 3, ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO THE CAREER SERVICE SYSTEM. COU NCIL MEMBER HIGDAY MOVED, SECONDED BY MAYOR OTIS, TO APPROVE COUflCIL BILL HO. 67, SERIES OF 1987 . Englewood City Counc il Min utes November 17, 1987 -Pag e 4 Co un c il Mem ber Bile wis hed lo cl arify hi s position co nce rning t he ord i nan ce whic h he slated was an attempt to c l arify the i ntent of the Charter, not ch ange th e Charter. It is an effort lo as certain what t he du tie s and regula - t i on s are of the Career Service Board. He s tated his support based on legal op inions wh ic h had been pr ovided Co un c il whi ch clearly s tate t he Ca re er Ser- vice Board doe s not ha ve the authority lo modify disciplinary act ion of the Ci Ly Manager. He hop ed thi s act io n would generate comp romi sc on a 11 part s . Co un c il Memb er Kozacek sta t ed hi s oppo s ition lo th e Bill ca lling for more com- municatio n amo ng the parties co ncerned. Counc i 1 Member Vobejda s t al ed t ha l it i s a matter of pub 1 i c r ec ord that he pre viou sly voted again s t passage of th is Bill , ho wever, to bring it forward and gel complete vi s ibility lo lhe matter , he wi ll be vot ing for the Bill t n order l o get it on the t ab l e. Co uncil Member Van Dyk e stated her support of this ordinan ce and comm ent ed that i l i5 crit i ca l that th e Career Ser vice Board and Counc il gel together to reso lve the iss ue. Vote re sults: Ayes: Nays: Abstain : Absent : Motion carr i ed . Co uncil Members lligday, Van Dyk e, Vobejda , Bila, Otts Co un c t 1 Member Kozacek None Counc i 1 Member Bradshaw Non-scheduled Visitors (continued) (f) Donald L. R. Smith , 3165 So uth Sherman Street, addressed Council regard ing two issues: 1. He urge d City Council to opp ose a legislative bill bei ng introduced by Represent ativ e Bob Bowen, which would allow Region al Transportation Dts- t r i ct l o i ncrease sa 1 ~s tax wi tho ul a vote of the peop 1 e and a 1 so the right to tax further t ho se bu sinesses whi ch RTD would determine woul d benefi t fro:n r~p- id tran s it. He requ es ted that Council pass a resolut i on opposing thi s legis l ation. 2. He s ta ted it wou l d be wiser to se nd incumbents as r epresentat ives lo National League of Cities rather tha n outgoing Cou nci l me mb ers. He wa s of lhe opi nion th at at tend an ce at NLC i s wort hwhile but s tressed the need to send a re pre se ntative who would sti ll be on Co uncil during th e next two yea rs. Heated di sc ussion en s ued . Co un cil Memb er Vobcjda announced he would have to l eave the meeting for an emergency matt er and wi shed t o bring forward tw o matters. COUNCIL HEHBER VOBEJDA HOVED, SECONDED BY COUNCIL MEMBER VAN DYKE, TO BRING FORWARD AGENDA ITEMS II ( b) AND 11 ( c) . CO UN CIL BILL NO . 76, INTRODUCED BY COUNCIL MEMBER VO BEJOA, WAS RE AD BY TITLE : I I I I Englewood City Council Minutes Nov em ber 17, I 987 -Page 5 A Bill FOR AN ORDINANCE APPROVING SUPP LEM ENT NO. 35 FOIi 1CE L ''.C" TO SO UTH ARAPAHOE SAN ITATI ON DISTRI CT'S CO NNECTOR 'S AG RH MEN , . TH THE C ITV OF EN GLE WOOD TO INCLUD E ADDITIONAL LAN D WITHIN THEIR DI STR I CT BOUNDARIE S. COUNCIL MEMBER VOBEJDA MOVED, SECONDED BY COUNCIL MEMBER VAN DYKE, FOR PASSAGE OF COUNCIL BILL NO . 76, SERIES OF 1987 . Ay es: Co un ci l Mem ber s Hi gday, Van Dyke , Vobejda, Kozacek, Bi l o, Oti s Na ys: Non e Ab stain: Non e Ab se nt : Co uncil Memb er Brad shaw Motion carried . CO UN CIL BILL NO. 77, INT ROD UCED BY COUN CI L MEMB ER VOB (JDA, WA S READ BY TITLE : A BILL FOR AN ORDINANCE APPROVING SUPPLEME NT NO. 34 FOR PAR CEL "8" TO SOUTH ARAPAHO E SANITATlvN DISlRICT 'S CONNECTOll 'S AGREEM ENT WITH TH E CITY OF ENGLEWOOD FOR EXCL USION FROM THE SO UTH ARAPAHOE SANITATION SERVICE AREA . COUNCIL HEHBER VOBEJDA MOVED, SECONDED BY COUNCIL MF.HOER VAN DYKE, FOR PASSAGE OF COUNCIL Bl LL NO, 77, SERI ES OF 19B7. Counc il Mem ber Vob e.jda commented that at th e Water and Se wer Board me eting, it had be en po i nted out that these two actions were merel y a switch from one Di stri ct to the "' ~r . Ayes: Council Members H 1 gday, Van Dyke, Vob ejda, Kozacek , Bilo , Oti s Nays : None Abstain : None Ab sent : Council Memb er B· .Js haw Motion carri ed. Counci l Member Vob ej da l eft the meeti ng at g,37 p.m. 8. Co11"111unications and Proclamations There were no Communi cation s or Proclamation s to act upon. 9. Consent Agenda Co uncil Member Kozacek r eque sted that Co nse nt Ag enda Item 9(f) be withdrawn from the Consent Agenda Items. COUNCIL HEHBER BILD HOVE □, COUNCIL HEHBER VAN DYKE SECONDED, TO APPROVE CON- SENT AGENDA ITEMS 9 (a), (b), (c), (d), (e), and (g). (a) Minutes of the Water and Se wer Board meeting of September 15, 1987 . (b) Minute s of the Urb an Ren ewal Authority meeting s of October 7 , and 22, 1987. (c) Minute s of the Liquor Licensing Authority mee ting of October 7, 198 7 . Ln gl ewooo City Counc il Mi nute s Nove mb e r 17, 1987 -Page 6 (d) Mi nu te s of the Plannin g and Zonin g Cow.niss iJ n meeti ng of October 20, 1987 . (e) Or di n,nce No . 62, Series of 1987, ame nding Ordinance No . 85 for revis i,•n of t he ves t in g pro·,ision of t he Englewoo d Pol i ce Pens ion Pl an . ( f) Withdr awn (g) Ordi nance No. 64, Ser i es of 1987, appropriating mo nies for the 1988 Bu dget. Ayes: Na ys : Abs t a in: Ab sent: Council Members Higda y, Van Dyk e , Kozacck, Bi l o, Otis Non e Non e Coun c il Me mber s Vobej da, Bra ds haw Mo t i on carried . The fo ll owi ng action was ta ken on wi t hdr awn I tem 9(f): COUNC IL BILL NO . 75 , lNTRODUC ED BY COUN CIL MEMBER HIGDA Y, WA S READ BY TlTLE : A BILL FO R AN ORDINANCE ADOPTING THE BUDGET OF TH E CITY OF ENGLEWOOD, COLORADO ·, FOR TflE FI SCAL YEAR 1988 . COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR APPROVAL OF COUNCIL BILL NO . 75, SERIES OF 1987, ON FINAL READING. Council Member Koza cek s tated hi s oppo s ition to this Bill . He s tated that a s a point of order th e mid -manag er s s alary should hav e be en approv ed prior to t he f i nal r e ading of th e budget . Ay es: Coun c il Memb er s Higday, Van Dyke, Bi l o , Otis Nay s: Co un c i 1 Memb er Kozacek Ab s tain : Non e Ab s ent : Counc i l Members Vo be jda, Brad shaw Motion carr ied . Or d inance No . 63, Ser i es of 1987, wa s as s ign ed t o thi s actio n. 10. Public Hearing No pub l i c hearing wa s sc hedu l ed . I l. Ordinances, Resolutions and Motions (a ) Di rector Winkle pre se nted a r ecomm enda t i on from t he Library Mv i so- ry Bo ar d to adopt a bill for an ord i nance ap proving the 1988 Agr eem ent for Li br ary Se rvice s betw een th e Englewood Pub l i c Library and th e Arap aho e Library Dis t r i c t. COUNCIL BILL NO . 73 , INTRODUCED BY COUN Cl L MEM BE R VAN DYK E, WAS READ BY TlTLE : I I Englewood City Council Minutes November 17, 1987 -Page 7 A BILL FOR AN ORDINANCE APPRO VING THE AGREEMENT BETWEEN THE CITY OF EN- GLEWOOD PUBLIC LIBRAR Y AND THE ARAPAHO E LIBRA RY DISTRICT TO PROVIDE LIBRARY SER VI CES FOR RESIDENTS OF BOTH JURISDICTION S. COUNCIL HEHBER VAN DYKE HOVED, SECONDED BY COUNCIL HEHBER KOZACEK, FOR APPROV- AL OF COUNCIL BILL NO . 73, SERIES OF 1987. Aye s: Cou ncil Mem ber s Hig day, Va n Dyke, Kozacek, 01l o , Otis Nay s: None Ab stain: Non e Ab se nt: Coun ci l Memb er s Vobejda, Brads haw Molion carri ed. Agenda Item s I I (b) and (c) wer e mov ed forward and a.pproved -se e Page s 4 an d 5 of lhcse mi nu l es. ( d) A reso lution a 11 owing park use fees to da y care ce nters , day cam ps and pre schoo l s wa s cons idered . COUNCIL HEHBER KOZACEK HOVED, COUNCIL HEMBER SILO SECONDED, TO TABLE THE RES OLUTION UNTIL THE SECOND HEETING IN JANUARY SO THE NEW COUNCIL HAY ADDRESS THE ISSUE. Ay es: Nays : Abstain : Absent: Mot ion carried. Council Members Higday, Van Dyke, Koza cek, Si lo Mayor Olis Non e Counci l Members Vobejda, Orads t.aw (e) A res olution app ro ving an agreeme nt for construction and operation of a miniature golf course f~cility at the Englewood Municipal Golf Course w.s considered . COUNCIL MEHBER KOZACEK MOVED, COUNCIL MEMBER BILO SECONDED, TO TABLE THE RESOLUTION UNTIL CERTAIN AHENOHENTS HAO BEEN HADE TO THE AGREEMENT. Ay es: Council Members Kozacek, Silo Nay s: Coun ci l Member s Higday, Van Dyke , Oti s Abstain : None Absent : Council Members Vobejda, Bradshaw Motion def ea led. RESOLUTION NO. 36 SER IES OF 1987 A RESOLUTION AP PROVIN G AN AGREEMENT TO PROVIDE A MINIATURE GOL F COURSE AT THE lN GLEWOOD MUNICIPAL COURSE. COUNCIL HEHBER VAN DYKE HOVED, COUNCIL HEHBER HIGDAY SECONDED, TO APPROVE RESOLUTION NO. 36, SERIES OF 1987. Coun c il Member Van Dyke stated her supp ort of the resolution . COUNCIL HEHBER KOZACEK HOVEO TO AHENO THE RESOLUTION/AGREEMENT TO SHOii A LIABILITY CLAUSE TO FORCE THE OWNERS TO CARRY A SUFFICIENT LIABILITY, THAT THE OWNERS OF THE FACILITY WOULD ALSO INCUR ALL FEES THAT HIGHT BE INCURRED FROM LIIY ICl>uu u City Council Mi nu t es November 17 , 1987 -Page 8 TAXES , i.e., SHERIDAN OR OT~ERWISE, THAT IT WOULD SHOW THAT ALL PARKING LOTS AND ALL FACILITIES WOULD BE MAINTAINED THROUGHOUT THE YEAR. App r op ri at e word i ng fo r th e spec i f i c am endm ent s lo lhe ag r eeme nt wer e stal ed by Ci t y At torn ey DeWit t. Wh en it was d iscov er ed t hat one of t he pa ges of th e agr ee me nt was mi ss ing from t he pa cket , t he mo tio n and second l o am end was wi thdr awn , the mot i on and sec on d l o ap pr ove Reso lut ion No. 36 was withdrawn. COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER BILO SECONDED, TO TABLE RESOLU- TION NO . 36, SERIES OF 1987, UNTIL AMENDMENTS HAD BEEN HADE TO THE AGREEMENT. Ayes: Coun cil Me mb er s Hi gday , Van Dyke, Koza cek, Bi l o, Oli s Nay s : Non e Ab stai n : Non e Abse nt : Counc il Memb er s Vobej da , Br ad sha w Mot ion carried. (f} Ael ing Direc tor Roman s prese nted a rec omme nd ation from the Plannin g and Zo n i ng Co mmi ss io n t o adopt a r esolution appr ov ing t he f i nal plot of t he Rock y Moun t ain Co nst r uc t or s Fil i ng No . l , and the Rocky Mount ain Con struct ors Development Plan fo r prop er l y al 4799 Sout h Wind ermer e. Ms . Roman s stat ed t hat th e Planning Comm i ssion had held a publ ic hearing conce rn i ng t hi s on Au - gust 18 ; no on e addr es sed t he Comm iss ion in opposition l o e i t her lhe Filing or th e D~ve lopme nt Plan. Th e Co mmi ssio n r eco mm en d s approv al Lf both . RE SOLUTION NO . 37 SER I ES OF 1987 A RE SOLUTION APPROVING THE PLANNED DEVELOPM ENT ANO FINA L PLATT IN G OF THE PROP - ER TY LO CATED AT 4799 SOUTH WINDERMERE STREET , CITY OF ENGL EWOOD , COUNTY OF ARAPAHO E, STATE OF COLORADO FOR RO CKY MOUNTAIN CON STl!UCTOR S FILING #1. MAYOR OTIS MOVED, COUNCIL MEMBER BILD SECONDED, FOR APPROVAL OF RESOLUTION NO. 37, SERIES OF 1987. Di scu ssion ensued r ega r ding con struc t ion equipm ent using Win de mer e . Ms . Roman s assured Council th at Windem er e as an arterial stree t should be suffi c i ent to with stand heavy traffic. Aye s : Coun c il Membe r s Hi gday , Van Dy ke, Koz acek, Bil o, Oti s Nay s : None Abs tain : None Ab se nt: Coun c il Memb er s Vobejda, Br ad shaw Motion carr i ed . ( g } City Ma nag er McCown prese nte d a r 1co mmend al i on to adopt four res olutions approving the 1988 wage increases for managerial, sup ervi sory and con fidential employe es of the Fire Department, Pol ice Department , General Ser - v i ces, and Confidential Employee s . COUNCIL MEMBER KOZACEK MOVED, SECOHDEO BY COUNCIL Mn;aER HIGDAY' TO TABLE AGENDA ITEM 11 ( g}. Council Memb er Ko zac ek st at ed that he had reservat i on s conc erning a f ew items , and would appr ec ia te it being ta bl ed until the ne xt regular mee t i ng i n order t o have further t i me t o review and e"a 1 uate the res olution s . Ayes : Counci l Memb er s Higda y , Van Dyke, Koz acek, Bilo I I I En gl ewood City Council Minutes November 17, 1987 -Page 9 Nay s : Ab stain : Absent: Motion carried. Ma yor Otis None Counc i 1 Member s Vob ejd a , Brad shaw (h) COUNCIL HEHBER HIGDAY MOVED, COUNCIL HEHBER BILO SECONDED, TO TABLE AGENDA ITEH ll(h). Council Member Hig day stated he was makin g this motion for the s ame rea son stated by Cou ncil Memb e.r Kozacek conc erni ng Age nd a I tern I I (g). Aye s: Co un ci l Member s Higday, Van Dyke, Koza cek , Bila Nays : Mayor Oli s Ab stain: Non e Ab sent: Co un c i 1 Membe >, Vobejda , Br ad shaw Moti on carri ed. It wa s s uggest ed that Item ll(h) be discussed in study session. 12 . City Hanager's Report Mr. Mcc own inform ed Council that t he Slate Highway Department had advi sed th e City that the s id ewalk at Bell eview/Broadway sh ould be comp l eted by the end of th e year. 13 . City Attorney ; Rep ort Mr . DeWitt comme nt ed con cerning the Agreeme nt for the miniature golf co ur se , stat Ing it had bee n in the proper form wh en it wa s r ev iewed by his office. 14 . Genera 1 Di scussion (a) May or 's Choice Ma yor Oti s did not have any matters to br ing before Cou ncil . (b) Cou ncil Memb er's Choice ( i ) Agenda Item 14(b)( i ) wa s mov ed forward and app r oved -See Pages 3 and 4 of th ese mi nute s. (ii) COUNCIL HEHBER KOZACEK HOVED TO RECONSIDER THE POLICE RESER - VES AT THE NEXT REGULAR MEETING. The motion died for a lac k of a s econ d. 15 . Adjournment COUNCIL HEHBER HIGDAY MOVED TO ADJOURN. The meeting adjourn ed at 10 :06 p.m.