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HomeMy WebLinkAbout1994-04-25 (Special) Meeting Agenda- ]- • • • , . •, • IENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOIE COUNTY, COLORADO Special Mttti•R April 2.~. 1994 All Council Members signed a ··w AIVER OF NOTICE OF SPECIAL COUNCIL MEETING ." I . CalltoOr*r Thc special meeting of the Englewood City Council was called 10 order by Mayor Gulley at <,.08 p.m. 2 hmicatioll The m,·ocation was given by Council Mcmbct Wiggins . The Pledge of Allegiance .-as led by Ma)u Gulley 4 Rnll Call Present Absent A quornm "a prcsc111 Also prclCIII COUIICII Mcmbcn Hatha,.'ly. Burns. Wiggin . Habenicht , Waggoner. Guile) ounol Member Vormiltag Adtag City Muap FOllda If\ Anorwc, DcW"t ~ CIC) MM8F Rad wv Clat Ell11 I lcrk • Nair ounc:11 Mct11btr Vonailtag Clllfflld the 111C1Ct111& • 6 12 p • I M.J,or ,ullc\ announced thal the purpo«c ol the ..,caal mcct111111 to CIClnSldtr tllt 11, Manager l n1plo\ 11 ll ,crcx111rn1 he t Oou&las A Clan. 1111 becll ldocted • the -Etiglc,oaod ,1, ~ I ~f 1 cd I,\ ounc:tl lllld lcft&th) di ftllUCd DTH ID C TH TWOUO,TH O DLI 01141 TH . wou • NPlOYN TO TH woa ' I • • • ]- • • , . . • ' Special Enttlewood City Council Meeting April 2!1 , 1994 Pa,:c 2 IN SECTION 14 THE SEVERANCE PROVISIONS SHOULD READ AS FOLLOWS: IF THE CITY MANAGER IS REMOVED (INSTEAD OF TERMINATED) BY ACTION OF A MAJORITY OF THI CITY COUNCIL FOR ANY REASON, THE CITY COUNCIL AND THI CITY MANAGER RECOGNIZE THAT CERTAIN PROVISIONS OF THE CITY CHARTER ADDRESS THI REMOVAL OF THI CITY MANAGER FROM OfflCE AND SUSSIQUENT PAY OF THI CITY MANAGER. THE CITY COUNCIL AGUES THAT REMOVAL (INSTEAD OF TERMINATION) SHALL •E EFFECTIVE AS OF THE nRST DAY OF THI NEXT MONTH AND HI SHALL RECEIVE SEVERANCE PAY FOR SIXTY (60) DAYS. IN SECTION 1!1 THE SECOND SENTENCE STARTING WITH THE WORDS "UNLESS THERE IS AGREEMENT-" IS PIY:DP, AT THE BOTTOM OF THE AGREEMENT UNDER 16, GENERAL PROVISIONS, THE LAST PARAGRAPH SHOULD READ -"IN WITNESS, THE CITY OF ENGLEWOOD HAS CAUSED THIS AGREEMENT TO •1 SIGNED AND EXECUTED ON ITS BEHALF •Y THE CITY COUNCIL AND DULY ATTESTED •Y ITS CITY CLERK AND THI CITY MANAGER HAS SIGNED AND EXECUTED THIS AGREEMENT." (ANYTHING PAST THAT 15 DELETED). A~cs Council Mcmbcn Halhb'8 • Vom111tag. Wiggins. Habcmchl . Wagoner. Burns. Gulley Nays None M01io11 carried COUNCIL MEMHR •URNS MOVED THAT PARAGllAl'II 15 •1 RIRTHIR AMINDID TO INCLUDE A SECOND SINTINCI TO UA9: "IN TNI IVENT THI CITY MANAGIR VOLUNTARILY lllSIGNS HIS POSITION HI AGIIIIS TO fflllnff AU. SEVERANCE PAY, EXCLUDING ANY ACOUID LIAVL • COUNC'IL M[MHR HATHAWAY MOVED, AND IT WAS SICONHD, TO AMIND COUNCIL MEMHR •URN ' MOTION TO AMIN• PARAGRAPH HI TO HAD: "IN TH[ EVENT THI: CITY MANAGER lllSIGN HIS POSITION, AND GIVES THE C ITY WlllTn:N NOTICE OF AT LIA! T SIXTY DAY PIUOlt TO THE LAST WORk •AY HI HAU. RECUVt: S IXTY DAYS PAY AS SIVERANCE. IF THI CITY MANAGIR JAILS TO PROVIDE S UC H NOTICE TO THI CITY COUNCIL TNI CITY MANAGO AGU TO FOllRIT ALL IVERANCI: PAY EXCLUDING ANY ACCllUED Ll:AVL" VOi r 111 on lhc IIICtldmclll t A, a, w 't lllOhOII IO ,,._ .. • . • •· • • , - • Special Enc!ewood City Council Meetlni April 2!1, 1994 Pagel • • • Ayes: Council Mcmbcn Halhawlly, Vormittag, Wiggins, Habenicht, Waggoner. Bums. Gulley Nays: None Motion carried. COUNCIL MEMBER HAfflAWAY MOVED TO ADJOURN . The mcdiag adjourned at 6 :4~ p.m. ~a.zt£ City -----~ . , J • ' ., I. • • , -. J- • • • • • JICENDA FOR THE SPECIAL MEEl'ING OF , . THE ENGLEWOOD CIT!' COUNCIL JIPltlL 21. IIN l:OOP.M. ---··. __ _. ~ ... .,,.,, .... ... ... ~ ~ ::___ ____ ~ . --··· . - . ' ' • , I . . • - - • • Special City Council Meeting-April 25 , 1994 Agenda Item No. 5 - '· • • t• • •coUNCIL MEMBER WAGGONER MOVED PASSAGE OF THE CITY MANAGER EMPLOYMENT AGREEMENT AS AMENDED . APPD •coUNCIL MEMBER HA TI-IAWA y MOVED TO AMEND THE EMPLOYMENT 7--0 AGREEMENT AS FOLLOWS : IN SECTION 10 UNDER RESIDENCY TI-IE FIRST WORD OF TI-IE SECOND LINE SHOULD BE CHANGED FROM THE WORD ~EMPLOYMEl'rr' TO THE WORDS "REPORTING DATE-" IN SECTION 14 THE SEVERANCE PROVISIONS SHOUID READ AS FOLLOWS: IF TI-IE CITY MANAGER IS REMOVED (INSTEAD OF TERMINATED) BY ACTION OF A MAJORITY OF THE CITY COUNCIL FOR ANY REASON. THE CITY COUNCIL AND THE CITY MANAGER RECOGNIZE raAT CERTAIN PROVISIONS OF THE CITY OIAR11!1l ADDRESS THE REMOVAL OF THE CITY MANAGER FROM OFFICE AND SUBSEQUENT PAY OF THE CITY MANAGER . 1lfE CITY COUNCIL AGREES 11iAT UMOVAL (INSTEAD OF TERMINATION) SHALL BE EFFECTIVE AS OF THE FIRST DAY OF THE NEXT MONTI-I AND HE SHALL RECEIVE SEVERANCE PAY FOR SIXTY (60) DAYS. IN SECTION 15 -THE SECOND SEl'ITENCE STARTING WITH TI-IE WORDS "UNLESS TH ERE IS AGREEME NT -" IS TOTALLY DELETED. AT TI-IE BOTTOM OF TI-IE AGREEMENT UNDER 16 . GENERAL PROVISIONS -THE LAST PARAGRAPH SHOULD READ -"IN WITNESS. THE CITY OF ENGLEWOOD HA S C AUSED TI-IIS AGREEMENT TO BE SIGNED AND I.XECUTED ON ITS BEHALF BY TI-IE CITY COUNCIL AND DULY ATTESTED BY ITS CITY CLERK AND THE CITY MANAGER HAS SIGNED AND EXECUTED 11flS AOlll!EMENT." (ANY110NG PAST TI-IAT IS DELETED). •COU NC IL MEMBER BURNS MOVED TI-IAT PARAGRAPH 15 BE RJRlliEJt AMENDED TO IN C LUDE A SECOND SEl'ITENCE TO READ : •IN THI IVINT THI CITY MANAGER VOLUNTARILY lllSIGNS HIS POSITION Hl AGUES TO POllRIT ALL S[V[RANC[ PAY, !EXCLUDING ANY AccaUlD UAVL • •COU NC IL MEMBER HATI-IAWAY AMENDED COUNCIL MEMBER BURNS ' MOTION TO AM E ND PARAGRAPH 15 TO READ . -aN THI IVENT THI CITY MANAGER RESIGNS HIS POSITION, AND GIVES THI CITY WIU1TIN NOTICE Of AT LEAST S IXTY DAYS PRIOR TO THIE LAST WOIU( DAY HI SHALL lllalVI SIXTY DAY PAY AS St:VtRANC L If THt: CITY MANAGU FAILS TO NOVIH SUCH NOTIC[ TO THI CITY COUN IL THI CITY MANAGU AGU TO POllRIT ALL , [VtRANCt PAY XCLUDING ANY AccaUU UAVI. • AM OMEN'T TO PARA~PH I Al'PIIOVID 6-1 (NAY: ITV •. ' ,,. " I. • • , ' \ , ]- • ,.. • • . . WAIVER OF NO'nCE OF SPECW. COUNCIL Wi'iNG We the undersigned duly elected Council Memben of the City of Englewood, Colorado hereby waive notice of Special Council Meeting to be held at 6:00 p.m. on Monday -April 26, 1994 at the hour of 6:00 p.m., for the purpose of considering Contract for City Manager. . ' •. I. . • , ~ ]- • • • • 0 • EMPLQYMENI' AGBffHENT WHEREAS, the City of Englewood is a home rule city within the meaning of the constitution of the State of Colorado and is authorized to exercise and perform those powers and functions set out in its Home Rule Charter, as amended &om time to time; and WHEREAS, under Article VII of the Englewood Home Rule Charter, the City Council of the City of Englewood has the duty and power to appoint the City Manager under certain tenns and conditions; NOW. THEREFORE, in consideration of the mutual covenants contained herein, the CITY OF ENGILWOOD (City) and D0UG1A5 A. CU\RK (City Manager) agree as follows: 1. Douglas A. Clark shall serve as City Manager for an indefinite term and shall have such powers and duties as are presaibed or pennitted by the Englewood Horne Rule Charter. This appointment shall be formalized by City Council action on or about April 25, 1994, and the City Manager shall assume his duties on a data mutually agreed between the City Manager and City Council. The reporting date shaD be no later than August 1, 1994. 2 . Upon assumption of the City Manager duties, Douglas A. Clark shall receive an annualized salary of $80,000 which shall be prorated on a bi-weekly basis and paid every other Friday. Within six (6) months after the reporting data of this Agreement, the City Manager's performance pursuant to the Agreement shall be evaluated by the City Council . The C ity Council and City Manager will meet semi-annualy to evaluatlt past performance based on the previously agrNd to performance critmia and shall atablilt, a mutually agreed to criteria for the subsequent six (6) months. Any performance shal be a.pt confidential In accordance with the Colorado State statu•. The City Manager shal allo be entitled to convnent upon the nature of h is job and methods that 119t be UNd to improw it. 3 . The City Manager 's benefits shall be at the same lawl and in the same lonn • department dlm:tors for the following itanw : A. Forty-.91t (48) houn o f penonal law annually; B. Flve H undred Twenty (520) houn of ta mporary disability; C . Long-term disability • 601. of monthly salary to a max.inun of th!N lhouland dollars ($3,000) per month: D Medical and dental cowraga. The City pays 85~ of the pmniwn and the Cly Mana~ pays 15~ of the premium lor lir'9le or d e p e11dent coverage (The City recognlza that the City Manager has dildmed a pre-exilting c:ondJtion and the C ity agmn to continue cowraga of that dependent un ti such time • he II accepted under one of the medlcal plans.): and E We Insurance of fifty thousand dolan ($50,000). F E1ewn (11 l paid holidays. G e, .. nnual physal up to $218 per year. H Acad ntal death and dilmambemwnt • $50,000. 1 "' - ' I • I· • , , ]- • .. • '· ~ 14. Severance Provisions . If the City Manager is~ by action of a~ of the City Council for any reason, the City Council and the City Manager recognia that certain provisions of the City Charter address the removal of the City ~ ~JJlt/1 and subsequent pay of the City Manager. The City Council agrees that ~11118 ~ ;- ' ' =.ve as of the fint day of the next month and heeshal ~ sewrancef~~pay~for~&~ . 15. In the event the City Manager~ · his-.::. City Manager ' ~ give ~e City~ notice of at least sta}(&>) dii prior to~ last wcdcday..ua-*rr @ City Council and the City Manager otherwise agsN. a1J11•111-111-lllt..to.-tll-._ I'.) IC': (b) (c) (d) (e) The text haw shal constitu1le the entire ~t: tli(ltMllllm This Agreement shal beccme effective commendng Aprl 25, 1994. If any provision, or any portion of any povilion. c:ontmned In 1h11 ~t ii ~ held unconstitutional, Invalid, or unentorcable, the remainder ol lhil ~ AQrnment, or any portion of it. lhal be deemed NVlllllble, lhal not be dlc:lld and shal remain in ful form and efllct. No amendment of 1h11 ,..._._ .... be dldM unla I ii apsiroved In writing and l9'ed by each party. In }Vilnal. the Cly of ~ood hal ca&ad t1i1 ......._lobe ..-1 llftd cucutlllon ill behalf by the Cly Councl and cklly-...1 ~ Ill Cly Olrk and tw Cly Managar has signed and exaollld lhil ~t., Wt In q4 C • h-., .... \al llllt abow:- TiiE Cm' OF ENGLEWOOD Dougie, A. Clark. City MaNli9ft AlTEST: I -~·-; • I . ' • I . • 0 ' 2 I ]- • • 0 I• • EMPLQYMENT AGBEEMENJ WHEREAS, the City of Englewood is a home rule city within the meaning of the constitution of the State of Colorado and is authorized to exercise and perform those powers and functions set out in its Home Rule Charter, as amended from time to time; and WHEREAS, under Article VII of the Englewood Home Rule Charter, the City Council of the City of Englewood has the duty and power to appoint the City Manager under certain terms and conditions; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the CITY OF ENG1£WOOD (City) and DOUGI.AS A. Cl.ARK (City Manager) agree as follows: 1. Douglas A. Clark shall serve as City Manager for an indefinite term and shall have such powers and duties as are presaibed or permitted by the Englewood Home Rule Charter. This appointment shall be formalized by City Council action on or about April 25, 1994, and the City Manager shall assume his duties on a date mutually agreed between the City Manager and City Council. The reporting date shall be no later than August 1, 1994. 2. Upon assumption of the City Manager duties, Douglas A. Clark shall receive an annualized salary of $80,000 which shall be prorated on a bi-weekly basis and paid awry other Friday . Within six (6) months after the reporting date of this Agreement, the City Manager's performance pursuant to the Agreement shall be evaluated by the C1ty Council. The City Council and City Manager will meet semi-annually to evaluatll past performance based on the previously agreed to performance aitllria and shall establish a lft.dually as,Nd to criteria for the subsequent six (6) months . Any performance shal be upt confidential In accordance with the Colorado State statutes. The City Manager shaD also be entitled to comment upon the nature of his job and methods that 1119\t be used to improve it 3 . The City Manager's benefits shall be at the same lew1 and in the same form as department directors for the following items : A. Forty-eight (48) houn of personal leave annually; B . Five Hundred Twenty (520) houn of temporary disability; C . Long-term disabWty -604' of monthly lala,y to a rnaxlnun of three thcuand dollars ($3,000) per month; D. Medical and dental ooverage . The City pays 85" of the premium and the C1ty Manager pays 15~ of the premium for slnglc or dependent cowrage (The Qty recognizes that the City Manager has disdoNd a pre-editing condition and the City agrees to continue cowrage of that dependent until IUCh time • he ii accepted under one of the medical plans .); and E. Ufe insurance of fifty thousand dollars ($50,<XX>). F . Eleven (11) paid holidays . G. Bi-annual physical up to $218 per year. H . Acc:id ntal death and dismemberment • $50,<XX>. 1 • I'~ • . I· • , / • • 0 t• • 4. The pension plan is the ICMA 401 Deferred Compensation Plan. The City shall contribute ten percent (10%) and the City Manager shall contribute four percent (4%) of his salary to the pension fund. Participation is mandatory. The City Manager shall also have the option of contributing to an ICMA 457 Deferred Compensation Plan. 5. Vacation (Annual Leave). Accrual of annual leave is ten (10) hows per month, or one hundred twenty (120) hours annually . 6 . Funeral leave, Jury duty and witness service shall be the same as all other employees of the City. 7. Vehicle/Car Allowance. The City will provide the use of a City vehicle for the City Manager for unrestricted use , or a vehicle allowance, or mileage reimbunement as determined by the City Manager. For whichever option is chosen by the City Manager, the amount to be paid by the City will be no more than $400 per month. 8 . Moving Benefits . In addition to the preceding benefits, the City agrees to reimbune the City Manager for reasonable documented moving expenses associated with his relocation to Englewood , Colorado, including up to four (4) house hunting trips. 9. Other Benefits. AD applicable benefits of the City as, now established or• they may be amended from time to time, shall apply to the City Manager as they would to other employees of the City, acept as the terms and conditions of this Agreement may preclude them or mod&' them . ., ~t9.-Residency. The City Managar shal establilh wllhln lix (6) months of Msple;nwnt his principal place of residency within the coq,orall limils ol the City and maintain such residency at all times during the llrm of Iha ...-...,.nt The City Manager shall notify the City Council of any change In addNII wllhin 1w (5) woddng ~ ol lUC:h change. 11 . Professional Development The City agrNS to budget and to pay for professional memberships and dewlopment subject to budgat limitalions and to establilhed travel policies and procedures. 12 . Oildolure. The City Managar shal report to the City Councl any ownmhip Interest in real property within the City, excluding• penonal NlkMnce . Allo, the City Manager shall report to the City Council any ftnandal lntllrelt In • Inn doing work for the City or &om whom the City intends to make a purchw. Such reporting shal be made In writing by the City Manager to the City Coundl within thirty (30) calendar~ ol the cuadlon ol this Agreement and fw1her wllhln ftw (5) calendar~ of acquldton ol that lnanc:tal lnterat. 13 . Bonding. The City shal bar the ful COit ol any ldalty or ohr bondl ~ o f the City Manager under any law or Oldlnanc:e . 2 " - .. I· • , ]- - • • • t• • <. ~ 14. Severance Provisions. If the City Manager is~ by action of a majority of the City Council for any reason, the City Council and the City Manager recognia that certain provisions of the City Charter address the removal of the City ~ ~ffic,e and subsequent pay of the City Manager. The City Council agrees that~~~ effective as of the first day of the next month and he shaD recetw NWl'llnC8 pay for sixty (60) days. Cb) The text here shall constitute the entire ~mm (c) This Agreement shal become efflctiw commencing April 25, 1994. (d) If any provision, or any portion of any provision, contained In 1h11 ~ II ~ 1 held unc:onstilution ln\llllid. or uneniorc:able, the Nlllaillder ol 1h11 ~ Agreement. or any portion of It. shal be deemed ...,..._, shal not be alldld and shall remain in ful bee and eflec:t. (e) No amendment of thll ..... mmt shal be dldlw unlla 1111 IIIPl'OWd In writing and --by each party. In }Vitnal. the Cly ol Englawood hal a.ad 1h11 ~ to be agned ad execullllon Its behalf by the City Councl and duloi Mllllld by * City Clllk and h Oil, Manager has svMCi and mcuted 1h11 ~ Nita In !li4)A 9 • lie-, wl i.-lllt abow:- TiiE CJTY OF ENGl..£WOOO ~ A. Oartc. City Manager AlTEST: . ' ' I· , . . • • ]- • • • - AGENDA FOR THE SPECIAL MEEl'ING OF THE ENGLEWOOD ClTI' COUNCU. APRIL ZS, 11N 8:00P.M. • I . . - • -" 'f'" ~ • • • JICENDA FOR THE SPECIAL MEETIKG OF t• THE ENGLEWOOD Clff COU11C1L JIPltlL ZI, llN l:OOP.M. ·------------. - . . .. . . . I . . 0 I ]- • Special City Council Meeting-April 25. 1994 Agenda 11cm No . 5 - '· • • • -+COUNCIL MEMBER WAGGONER MOVED PASSAGE OF TIIE CITY MANAGER EMPLOYMENT AGREEMENT AS AMENDED . APPD -+COUNCIL MEMBER HATHAWAY MOVED TO AMEND THE EMPLOYMENT 7-0 AGREEMENT AS FOLLOWS: IN SECTION 10 UNDER RESIDENCY THE FIRST WORD OF THE SECOND LINE SHOULD BE CHANGED FROM THE WORD ~EMPLOYMENT' TO THE WORDS "REPORTING DAn:-·· IN SECTION 14 THE SEVERANCE PROVISIONS SHOULD READ AS FOLLOWS : IF THE CITY MANAGER IS UMOVID (INS"IBAD OF TERMINATED) BY ACTION OF A MAJORITY Of THE CITY COUNCIL FOR ANY REASON. THE CITY COUNCIL AND THE CITY MANAGER RECOGNIZE THAT CERTAIN PROVISIONS OF 11tE CITY CHAii.TEil ADDRESS THE REMOVAL OF THE CITY MANAGER FROM Off'ICE AND SUBSEQUENT PAY OF THE CITY MANAGER . 1lfE CITY COUNCIL AGREES THAT REMOVAL (INSTEAD OF TERMINATION) SHALL BE EFFECTIVE AS OF THE FIRST DAY OF THE NEXT MON™ AND HE SHALL RECEIVE SEVERANCE PAY FOR SIXTY (60) DA VS . IN SECTION I !I • THE SECOND SENTENCE STARTING WITH THE WORDS "UNLESS THERE IS AGREEMENT--IS TOTALLY DELETED AT THE B01TOM OF THE AGREEMENT UNDElt 16. GENERAL PROVISIONS • THE LAST PARAGRAPH SHOULD READ -"IN wtnlESS. THE CITY OF ENGLEWOOD HAS CAUSED THIS AGREEMEm TO BE SIGNED AND UECUffD ON ITS BEHALF BY THE CITY COUNCIL AND DULY ATTESTED BY ITS CITY CLERK AND THE CITY MANAGER HAS SIGNED AND EXECUTED THIS AGREEMENT." (ANYTHING PAST TIIA T I DELETED) -+COUN IL MEMBER BURNS MOVED THAT PARAGRAPH IS BE FURTHER AMENDED TO INCL DE A SEC'OND SENTENCE 10 READ -tN THI IVINT THI CITY MANAGER VOLUNTAmLY USICNS HIS POSITION NI ACllllS TO ,OllRIT ALL tVt:llANCE PAY, DCLUDINC ANY ACCllUU LIAVt:." -+COUNCIL MEMBER HA lliAWA Y AMENDED COUNCIL MEMBER BURN ' MOTION TO AMEND PARAGRAPH I !I 10 READ "IN Tiil lVINT TIii CITY MANACIR lll51CNS HIS POSITION, AND Cl\'IS TIii CITY WIUTTIN NOTICI Of AT LEAST IXTY DA PlllOll TO THI LAST WOIIK ltA Y NI IIIALL lllCIIVt: SIXTY DAV PAV AS EV llANC'L IF THI CITY MANAGD PAILS TO PIIOVIH UCH NOTIC'[ TO TH CITY COUNCIL THI CITY IIANACla AClll TO roann AU. SEVFllA C PAY XCLUDINC ANY ACOIUID LIAVt:." RHATIIAWA " - .. I . • • , - • • -- • • - .AGENDA FOR. THE SPECIAL MEti'ING or ,. TBE ENGLEWOOD CftT COUNCIL .APRIL 21, llN 8.-00P.M. ------------ ,,, - • . . I . . I - Spec ial City Council Meeting-April 25. I 'N4 Agenda Item No . 5 • • • • •coUNCIL MEMBER WAGGONER MOVED PASSAGE OF THE CITY MANAGER EMPLOYMENT AGREEMENT AS AMENDED . APPD •couNCIL MEMBER HA llfAWA y MOVED TO AMEND THE EMPLOYMENT 7-0 AGREEMENT AS FOLLOWS : IN SECTION Ill UNDER RESIDENCY llfE FIRST WORD OF llfE SECOND LINE SHOULD BE CHANGED FROM THE WORD MEMPLOYMEWT" TO THE WORDS "REPORTING DATE ... IN SECTION 14 llfE SEVERANCE PROVISIONS SHOULD READ AS FOLLOWS : IF THE CITY MANAGER IS REMOVED (INSIBAD OF TERMINATED) BY ACTION OF A MAJORITY OF llfE CITY COUNCIL FOR ANY REASON. THE CITY COUNCIL AND THE CITY MANAGER RECOGNIZE llfAT CERTAIN PROVISIONS OF THE CITY CHARTER ADDRESS THE REMOVAL OF THE CITY MANAGER FROM OFFICE AND SUBSEQUENT PAY OF llfE CITY MANAGER . llfE CITY COUNCIL AGREES THAT REMOVAL (INSTEAD OF TERMINATION) SHALL BE EFFECTIVE AS OF THE FIRST DAY OF THE NEXT MONTH AND HE SHAU RECEIVE SEVERANCE PAY FOR SIXTY (60) DAYS IN SECTION 15 • THE SECOND SE"'"1::NCE STARTING WI™ THE WORDS .. UNLE SS llfERE IS AGREEMEl'(f ·" IS TOTALLY DELETED . AT THE BOTTOM OF llfE AGREEMEl'(f UNDER 16 . GENERAL PROVISIONS • THE LAST PARAGRAPH SHOULD ltEAD. MIN wnwESS. 11tE crrv OF ENGLEWOOD HA S C A ED THI AGR EEMEl'(f TO BE SIGNED AND EXECUTED ON ITS BEHALF BY TH E C ITY CO U NCIL AND DUL y ATTESTED BY ITS crrv CLERK AND THE CITY MANAGER HAS SIGNED AND EXECt.TTB> THIS AGREEMEl'(f." (ANYnllNG PA T lltAT I DELETED ) •COUNC IL MEMBER BUllNS ..:>VEDntATPAllAGRAPH 15 BE FURTHER AMENDED TO INCLUDE A SECOND SENT'ENCE TO READ "IN Tllll llVENT THI CITY MANAGH VOLUNTAIUL Y llllSICNS BIS l'OSl110N Bil AGUIS TO JOllftlT ALL SEVEllANCI: PAY, IXCLUMNG ANY ACCalJD UAVL • •COUNC IL MEMBER HAntAWAY AMENDl!DCOUNCIL MEMBER BURNS · MOTION TO AM EN D PARAGRAPH I~ TO READ "IN TBll llVllNT Tllll CIT\' MANAGla U! ICN HIS POSITN>N, AN• CIVIi Tllll CITY WIUTTllN NOTICI Of AT UAST IXTY DAY PlllOll TO THI LAST woaK MY Bil SIIALL UClllVE SIXTY DA \'S PA, A! tVt:llAN<"L IF THt: CIT\' MANAGU FAILS TO PIIOVIH UCB onn: TO TH CIT\' COUNCIL TIit: CITY IIANAGU AGUIS TO IPOllnlT ALL V llANC& PAY DC'UJIIINC ANY ACCalJD UAVL• HA11tAWAY ' ITV ,,. - .. I . • , ]- • • • • - AGENDA FOR THE SPECIAL MEEi'ING OF t• TIIE ENGLEWOOD Cl'IT COUNCIL APRIL ZS. 11M 1.-00P.M. .,, - • . . . I . . , - Special Cily Council Mccting-April 25. 1994 Agenda Item No. 5 - • • • .. COUNCIL MEMBER WAGOONER MOVED PASSAGE OF THE CITY MANAGER EMPLOYMENT AGREEMENT AS AMENDED . APPD .. COUNCIL MEMBER HATHAWAY MOVED TO AMEND THE EMPLOYMENT 7~ AGREEMENT AS FOLLOWS : IN SECTION 10 UNDER RESIDENCY THE FIRST WORD OF THE SECOND LINE SHOUlD BE OIANOED PROM THE WORD ·EMPLOYMENT' TO THE WORDS "REPOR11NG DA'n ·" IN SECTION 14 THE SEVERANCE PROVISIONS SHOULD READ AS FOLLOWS : IF THE CITY MANAGER IS UMOVED (IN~ OF TERMINATED) BY ACTION OF A MAJORITY OF 111B an COUNCIL POil ANY REASON, THE CITY COUNCIL AND THE CITY MANAGER RECOGNIZE THAT CERTAIN PROVISIONS OF THE an OIARTER ADDltESS THE REMOVAL OF THE CITY MANAOER FROM OFFICE AND SUBSBQUENT PAY OF THE CITY MANAGER . THE CITY COUNCIL AGREES THAT REMOVAL (IN~ OF TERMINATION) SHALL BE EFl'ECl'IVE AS OF THE FIRST DAY OF THE NEXT MON11t AND HE SHALL RECEIVE SEVERANCE PAY FOil SIXTY (60) DA VS IN SECTION 15 • THE SEt'OND SENTENCE STARTING WITH THE WOllDS "UNLESS 11IEllE IS AGREEMENT·" IS TOTALLY DElEJ];D. AT THE 80TT'OM OF THE AGREEMENT UNDElt 16 OENERAL PROVISION • THE LAST PARAGRAPH SHOULD READ• "IN WfflESS.. 11E an OF ENOLEWOOO HA CAUSED THIS AOREl!MENT TO BE SIONl!D AND llX&CU'na ON ffS 11!HALF BY THE CITY COUNCIL AND DUL y A TTES rm BY m CITY CLl!ltK AND 11E CITY MANACll!lt HAS SIGNED AND EXECUTED nus AWNT " (ANY1111NG PAST THAT IS DELE11!D) . .. COUNCIL~ BURNS MOVED THAT PMMa.UH 15 BE ••ffllia AIMElQD TO INCLUDE A SECOND SENTENCE 10 ltl!AD · SVDT MA AG aVOUJNTAalLY -MilalCI AU. V UN<"a PAY, IXCUIMIIIC ANY MEl.a!ll HA 1"HA ,, - • • • J- • -~ -,, - • • • AGENDA FOR THE SPECIJIL MEHiifG OF THE ENGLEWOOD Cl'I'!' COOJfCIL APRIL ZS. llN 8.-00 P.M. ·------------ ,,. - I . . - • Special Ci1y Council Mccling-April 25 . 1'1')4 Agenda 11cm No . 5 • • • • .+COUNCIL MEMBER WAGGONER MOVED PASSAGE OF TIIE CITY MANAGER EMPLOYMENT AGREEMENT AS AMENDED . APPD .+COUNCIL MEMBER HATIIAWAY MOVEDlOAMENDTHE EMPLOYMENT 7-0 AGREEMENT AS FOLLOWS : IN SECTION 10 UNDER RESIDENCY THE FIRST WORD OF THE SECOND LINE SHOULD BE CHANGED FROM THE WORD "EMPLOYMENT' 10 THE WORDS "REPORTING DATI: ·" IN SECTION 14 THE SEVERANCE PROVISIONS SHOULD READ AS FOLLOWS : IF THE CITY MANAGER IS UMOVl:D (INSTEAD OF TERMINATED) BY ACTION OF A MAJORITY OF 11iE CITY COUNCIL FOR ANY REASON , TIIE CITY COUNCIL AND THE CITY MANAGER RECOGNIZE TIIAT CERTAIN PROVISIONS OF THE CITY CHARTER ADDRESS THE REMOVAL OF THE CITY MANAGER FROM OFFICE AND SUBSEQUENT PAY OF THE CITY MANAGER . THE CITY COUNCIL AGREES THAT REMOVAL (INSTEAD OF TERMINATION) SHALL BE EFFECTIVE AS OF THE FIRST DAY OF THE NEXT MONlli AND HE SHALL RECEIVE SEVERANCE PAY FOR SIXTY (60) DA VS . IN SECTION IS· THE SECOND SENTENCE STARTING WITH THE WORDS "UNLE S THERE IS AGREEMENT·" IS lOTALLY DELEJED AT THE BOTTOM OF THE AGREEMENT UNDER 16 GENERAL PROVISIONS • THE LAST PARAGRAPH SHOULD READ· "IN WITNESS . THE CITY OF ENGLEWOOD HA CAUSED THIS AGREEMENT 10 BE SIGNED AND UICUTl:D ON ITS BEHALF BY TiiE CITY COUNCIL AND DULY A Tl'ESTED BY ITS CITY CLERK AND THE CITY MANAGER HAS SIGNED AND EXECUTED 11fl AGREEMENT " (ANYTHING PA T THAT IS DELETED) .+COUNCIL MEMBER BURNS MOVED ntAT PARAOltAPH IS BE FUllTltER AMENDED 10 INCLUDE A SECOND sarlDICE TO aEAD "IN 1111 EVENT THI cm MANAGl:a VOLUNTAIULY IIISICNS •• NIIITION •1 ACUD 10 fOllRIT ALL 51:Vl:MNCI: PAY, UCLUMNC ANY AL'CIWU U.AVK. • -+ II. MEMBFll HATHAWAY AMEM>el>C'OUNC'IL MamEl BURNS ' MOTION TO AM I) PARAGRAPH I~ TO READ -aN 111 IVINT TIii: OTY MANAGO 1W ICNS HIS POSITION, AND GIVU TIii CITY WIUTTEN NOTICI CW AT T IXTY DAYS PIUOII TO TIii LAST WOIU( DAY NI SIIAU. ll&Cl:IVE TY DAY . PAY Al t:\11:MN(' IF THI: CITY MANAGO JAILS 10 PIIOVIDI UCH OTIC' 10 THE CITY COUNCIL THI CITY MANAGI& ACU 10 fOllRIT ALL t\11:aANct: PAY UCLUDINC AffY ACCall D La.AVE.• " I. • • ' I • J- • I fJw -t-~ / :ot ~-~•- D. ~1 d#uru -~ j ~ edi ~ ' I . • • • • ,. - ' ' . . 0 I • -' ' . . . 0f J--)Utffl'x,l,</ ~ . , /1£~ ~a.a~ -- ' I . . • • • ,, - - 0 • ... • • I • • • • ]- • • • // \'-1 . .. • . ' • '• I . . • - • • • • • ·, • ENGLEWOOD CITY COUNCIL ENGLt:WOOD, ARAPAHOE COUNTY, COLORADO April 25, 1"4 All Council Members signed a .. WAJVER OF NOTICE OF SPECIAL COUNCIL MEETING.~ I . Call lo Order The special meeting of the Englewood City Council -called to Older by Mayor Gulley al 6 :0II p .m . 2. ··-··- The in,·ocatlOfl was gi,·cn by Council Member Wiggins. The Pledge of Allcgaancc •-as led by Mayor Gulley. ~ llallCall Present Ab1c111 A quorum " PfCiCn1 Counc,1 Members Halhaway, Bums. Wiggins. Habcrucht, Waggoner. Gui~ Also....- Council Mcnibc1-Vorainac Aaa• c.., M111111S Foada Ciey Anoney DcWin ~ C11y M111111S Rad CM) C'lat EIJ11 I lcrt' NOie CIIIIICII McnlllCf v--. ~die ...... • 6 12 p • I cou cu. "' FMPWVM R 0 II\ • .. I . • • , - • • • • Special Ea&tcwood City C.11eil Meetia& April 2!1, 1994 Pa~2 IN SECTION 14 THE SEVERANCE PROVISIONS SHOULD READ AS FOLLOWS: IF THE CITY MANAGER IS UMOVU (INS"reAD OF TERMINATED) BY ACTION OF A MAJORfTY OF THE Cl1Y COUNCIL FOil ANY REASON. THE CITY COUNCIL AND 11tE CITY MANAGER RECOGNIZE THAT CERTAIN PROVISIONS OF 11fE CITY OIARTER ADDRESS 11tE REMOVAL OF THE CITY MANAGER FROM OFFICE AND SlJBSEIQUan' PAY OF 11IE CITY MANAGER. 11fE CITY COUNCIL AGREES 11iAT IIDIOVAL (INSTEAD OF IBRMINATION) SHALL BE EFFECTIVE AS OF 1HE FIRST DAY OF THE NEXT MONTii AND HE SHALL RECEIVE SEVERANCE PAY FOil SIXTY (60) DAYS. IN SECTION 15 • 11tE SECOND SENn:NCE STARTING WITH 11fE WORDS -uNLESS THERE IS AGREEMENT·" IS TOTALLY OELE]ED . AT THE BOTTOM OF THE AGREEMENT UNDER 16. GENERAL PROVISIONS • THE LAST PARAGRAPH SHOULD READ· "IN WITNESS. THE CITY OF ENGLEWOOD HAS CAUSED THIS AGREEMENT TO BE SIGNED AND IX!CUTED ON ITS BEHALF BY THE CITY COUNCIL AND DULY ATTESTED BY ITS CITY CLERK AND THE CITY MANAGER HAS SIGNED AND EXECUTED THIS AGREEMENT: (ANYTHING PAST THAT IS DELETED) Na~ Counetl Mcl*rs Halluiway , V-nac. WilllM, Habctuchl. w...,..-. ew.. o.uq, None iolKMI med COIJNCIL MlMHa aullNS MOVE9 TIIAT PAIIACMPll 15 N n11rn1• AMINHD TO INCLUH A SU'ON• SlNn:NCE TO IIEA9: "IN 111& IVDT TBll CITY MANAGO VOLIJNTA .. LY ll£SICN N POSITION Nil ACaa TO IIOllnlT AU. SIVEIIANC'I'. PAY, IXCLUDINC ANY AC'C'lllll• UAVL• COUNCIL MIM8UNATIIAWAY MOYU.AN. ITWAIMCONNa. TOAMllN• COUNCIL MIM8la aUllNS' MOTION TO AMllN8 PAIIAGIIAl'II 15 TO aA9: "OIi TNI EVENT THI CITY MAIIIACU USIG N l'OIITION, AND Gl\'D 111& CITY wart'n:N OTK' OF AT LEAST SIXTY 9A YI PmOll TO 11llt LAIT WOIIK DAY •ll SllALL R[Ct:IV IXTYDA PAY SllVllllANC1 •1111tnTYIIANM.KafAILSTO PIIOVID IIOI NOTIC'l TO 1111 CITY CCMJNCIL Tall CITY MUACal ACU TO IT ALL V llA PAY llX 9INC UY A<'C'lltlU utAVL• .......... .. ......... - \ ........ ., w .. -. , •. • .. I • • 0 , - Special E•&lcwood City C••il Meeti•R April 2.~. 1994 Pqtl C. • • • Wagoner. Bwm. Gulley Nays: NOIIC Motion carried . ,. COUNOL Mt:M•t:R HATHAWAY MOVE8 TO AUOIJIIIII . TIie allCllill& adjounlcd • 6 :4S p.m. City Clert . . • I • • • , ]- • • • • • • APRIL 18, 1994 REGULAR CITY CO UNCIL MEETING ,,,_ . ' .. • • ..