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HomeMy WebLinkAboutMINUTES-07/28/1983-SpecialJuly 28, 1983 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Special Meeting - 7:00 p.m. A special meeting of the Council of the City of Fort Collins was held on Thursday, July 28, 1983, at 7:00 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Coun- cilmembers: Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Absent: Councilmember Cassell. Staff Members Present: Arnold, Huisjen, Davis, and Lewis. Discussion Concerning Selection of Councilmember for Council District 4 to Replace Gary Cassell (Secretary's Note: The applicants for this Council position were Jane ' Montgomery, David L. Edwards, Richard Beardmore [later withdrawn], Haskell Erwin, John Douthit, Ed Stoner, Ed Baldwin [later withdrawn], and Sharon Brown.) Mayor Knezovich stated that this special meeting was called for the purpose of discussing the appointment of a Councilmember to replace District 4 representative Gary Cassell for the remainder of Mr. Cassell's term. A resolution will be scheduled as the first item of business at the August 2, 1983,regular Council meeting to formalize the appointment. Mayor Knezovich then stated that the Ethics Board met in the afternoon, and he requested a report from Councilmember Rutstein. Councilmember Rutstein reported that the Ethics Board considered the candidacy of Richard Beardmore for this vacancy, and in accordance with an opinion from the City Attorney, the Board ruled that Mr. Beardmore's employment with A-E Design, which has a contract with the Downtown Develop- ment Authority, makes him technically a "City employee" as defined in the City Charter (Art IV, Section 9). Consequently, he would need to either relinquish his employment with the company or withdraw his application for the Council position. Mayor Knezovich stated that Mr. Beardmore had been informed of the decision of the Ethics Board and would be making a statement. ' Mayor Knezovich made a motion, seconded by Councilmember Clarke, to retire into Executive Session for the purpose of discussing personnel matters. -365- Special Meeting July 28, 1983 ' Mayor Knezovich asked the City Attorney if the motion to adjourn into Executive Session was debatable, and City Attorney Huisjen replied in the affirmative. Mayor Knezovich spoke in favor of holding an Executive Session. Councilmember Ohlson supported discussing the matter in public and sug- gested that new procedures for making appointments to Council should be established. Mayor Knezovich pointed out that any vacancy must be filled within 30 days of the vacancy. Alden V. Hill, attorney representing The Coloradoan newspaper, requested that the discussion not be closed to t e�pub 'ic. He stated this is a public office and the public's business, and the choice should be made before the public. He spoke about the Open Meeting statutes and stated that the Charter and Code of the City allow Executive Sessions only in limited situations. "Personnel matters" should not be interpreted to include appointments of Councilmembers. He stated that the possibility of a slander suit is not reason to close the meeting, since Councilmembers would be immune in this circumstance. City Attorney Huisjen stated that it was his opinion that the appointment ' of a Councilmember is a personnel matter. Councilmember Rutstein stated her concern is to get the "best person" for the City. She questioned why the use of Executive Sessions for previous Council appointments had not been an issue. She summarized Boulder's procedures for filling Council vacancies. Councilmember Horak stated that the voters are able to vote by secret ballot, but Council votes in public. The Mayor put the question to adjourn into Executive Session with the following results: Yeas: Councilmember Knezovich. Nays: Councilmembers Clarke, Elliott, Horak, Ohlson, and Rutstein. THE MOTION FAILED. Mayor Knezovich proposed that nominations be made and seconded, and that the nomination and voting process be repeated until a nominee had a major- ity of the six votes. Richard Beardmore made a statement removing himself from consideration as an applicant for the Council vacancy because of his connection with A-E Design, which has a contractual obligation to the Downtown Development I Authority. -366- I Special Meeting July 28, 1983 Mayor Knezovich stated that in this public session candidates would not be allowed to speak for themselves, but the public would be allowed to give comments. The Mayor then requested nominations for the Council vacancy. Councilmember Elliott, seconded by Councilmember Clarke, nominated David Edwards. Councilmember Ohlson, seconded by Councilmember Rutstein, nominated Sharon Brown. Councilmembers Elliott and Clarke spoke in support of the nomination of David Edwards. Councilmember Ohlson spoke in support of the nomination of Sharon Brown. Mayor Knezovich asked for public comments on the nominations. Ken Bonetti, 627 Whedbee, supported the nomination of Sharon Brown. Jane Montgomery, 824 East Trilby, endorsed David Edwards. Carolyn Haase, 2307 Sheffield Drive, read a letter in support of David Edwards. Jim Woodward, 430 Garfield, supported the nomination of Sharon Brown. Steve Johnson, 1799 South College Avenue, spoke in favor of the nomination of David Edwards. Councilmember Ohlson commented that, all other things being equal, he would support appointing a member of an underrepresented group. Councilmember Rutstein spoke in favor of the nomination of Sharon Brown, and discussed the issue of making an appointment based on similarity of views with the outgoing Councilmember. The Mayor called for the vote on the nominations of David Edwards and Sharon Brown, with the following results: Clarke - Edwards Ohlson - Brown Horak - Brown Knezovich - Edwards Rutstein _ Brown ' Elliott Edwards -367- Special Meeting ' July 28, 1983 The Mayor then called for further nominations. Councilmember Clarke, seconded by Councilmember Elliott, nominated Ed Stoner. Councilmember Rutstein, seconded by Councilmember Ohlson, nominated Sharon Brown. Councilmember Clarke spoke in favor of the nomination of Ed Stoner. Councilmember Rutstein stated she would reiterate her previous comments in support of the nomination of Sharon Brown. Councilmember Horak supported the nomination of Sharon Brown, and he stated that other things being equal, he would support a woman or minority for appointment. The Mayor called for the vote on the nominations of Ed Stoner and Sharon Brown, with the following results: ' Clarke - Stoner Ohlson - Brown Horak - Brown Knezovich - Stoner Rutstein - Brown Elliott - Stoner The Mayor then stated that there would be a short recess before nominations would continue. Upon reconvening the meeting, Mayor Knezovich stated that Councilmember Cassell's resignation is effective on August 1, and encouraged Council to complete the appointment of the new Councilmember in time for that person to participate in the budget process. The Mayor called for nominations. Councilmember Clarke, seconded by Mayor Knezovich, nominated Ed Stoner. Councilmember Ohlson, seconded by Councilmember Rutstein, nominated Sharon Brown. After discussion on the nominations, the Mayor called for the vote on the ' nominations of Ed Stoner and Sharon Brown, with the following results: Special Meeting July 28, 1983 Clarke - Stoner Ohlson - Brown Horak - Brown Knezovich - Stoner Rutstein - Brown Elliott - Stoner Councilmember Rutstein suggested that the consideration period for nomina- tions might be extended for two weeks. She asked about the possibility of calling a Special Election to fill the vacancy, and she suggested the possibility of retiring into Executive Session to consider the matter. City Attorney Huisjen stated that there is no provision in the City Charter to fill Council vacancies except by appointment by the City Council. Mayor Knezovich pointed out that this appointment will be for a term ending with the 1985 General City Election. ' Councilmember Elliott suggested looking at other options, including ad- journing this meeting to a later date, taking up the appointment as an agenda item at the August 2nd meeting, or possibly opening up the applica- tion process for new applications. Councilmember Clarke favored waiting until August 2nd but not starting with a new group of applicants. The Mayor called for further nominations. Councilmember Elliott, seconded by Councilmember Clarke, nominated John Douthit. Councilmember Rutstein, seconded by Councilmember Ohlson, nominated Sharon Brown. Councilmember Elliott spoke in support of the nomination of John Douthit. Jim Woodward, 430 Garfield, spoke about the importance of having more women on Council. Councilmember Clarke spoke in support of the nomination of John Douthit. The Mayor called for the vote on the nominations of John Douthit and Sharon ' Brown, with the following results: -369- n Special Meeting July 28, 1983 Clarke - Douthit Ohlson - Brown Horak - Brown Knezovich - Douthit Rutstein - Brown Elliott - Douthit Councilmember Horak suggested reconvening at the August 2nd Council meeting to continue the discussion of this appointment. Councilmember Rutstein proposed an Executive Session. Councilmember Clarke made a motion, seconded by Councilmember Rutstein, to retire into Executive Session. Attorney Alden V. Hill stated that the public had benefitted from the open meeting and urged the Council to resolve this issue in open session. William H. Allen, former Councilmember, supported the Executive Session to talk about people. Ken Bonetti, 627 Whedbee, opposed the Executive Session and commented on the inadequacy of the appointment process. The Mayor put the motion to retire into Executive Session with the follow- ing results: Yeas: Councilmembers Clarke, Elliott, Knezovich, and Rut- stein. Nays: Councilmembers Horak and Ohlson. THE MOTION CARRIED. The Council retired into Executive Session at 8:50 p.m., and the Special Meeting reconvened at 10:15 p.m. Mayor Knezovich reported on the discussion held during the Executive Session, stating that the consensus was to wait until August 2nd to make the appointment. The Executive Session was spent in discussion of the candidates and the appointment process. Councilmembers will pursue un- answered questions, which they will ask the applicants on an individual basis prior to the Tuesday meeting, and the Council has made a commitment to make the appointment on Tuesday. Mayor Knezovich stated that the Budget Work Session scheduled for Friday, July 29 had been cancelled in order to delay the budget process until the new Councilmember could be involved. -370- Special Meeting July 28, 1983 Councilmember Ohlson made a motion, seconded by Councilmember Clarke, to adjourn the meeting. The Mayor put the motion with the following results: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and Rutstein. Nays: None. THE MOTION CARRIED. The meeting adjourned at 10:20 p.m. ATTEST: Deputy C rk -371-