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HomeMy WebLinkAbout1990-04-16 (Regular) Meeting MinutesEN&LEWOOO CI TY CotllC IL EJNILEVOOO, ARAPAHOE COUNTY, COLORADO Regula!' Session April 11, 1990 1. Call to Ol'del' The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:30 p.m. 2. Invocation The invocation was given by Eugenia Gamble, Pastor of Englewood First Pres-byterian Church. 3. Pledge of Alleg iance The Pledge of Allegiance was led by Mayor Van Dyke . 4. Roll Call Present: Absent: A quoru~ was present. Also present: 5 . Minutes Council Members Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None City Manager Fraser Assistant Ci ty Attorney Grl11111 City Clerk Crow Director Fonda, Ut111ties Department Director Waggoner, Public Works Departnient (a) COUNCIL MENIER HATHAWAY MOVED, ANO IT VAS SECONDED, TO APPROVE THE NJNUTES OF THE REGULAR NEETIN& OF APRIL 3, 111110. AYes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. 6. leneral Dfscuss1on (a) Mayor's Choice Englewood City Council Minutes Apr11 15, 1990 -Page 2 (1) Mayor Van Oyke made the fol owing statement concerning the purported default of the Englewood Urban Renew,11 Authority bonds: "As most of you are now probably aware, the Englewood Urban Renewal Authority has Informed its bondholders that revenues from the Downtown Oeve 1 opment project wll 1 prob- ably not be suff1 clent to pay the :lebt owed on the bonds used to finance the downtown prnject. These bonds - totaling $30,180,000 -were Issued in 1985 and were used to pay for the improvements to Little Dry Creek, the construc- tion of the Plaza at U.S. 285 and Broadway, and the ac- qu1sit1on of land for retail and other c011111erc1al develop- ment . Today, thanks to the Urban Renewal Authority and tho City working together, we have an award winning water fea- ture In our downtown and have el lmlnated the threat of a lOO•year flood to our downtown businesses, to Cinderella City and to a large number of homes. "At the same time, however, we are all concerned that projected revenue from new development have not 11et our expectations. The bonds that were issued by the EURA were to be paid for solely with property and sales tar. lncremen• tal revenue within the urban renewal district. This dis· tr1ct Is primarily within our current downtown and on the sou t h side of U.S. 285 near Home Club and the former Buyer's Club. A revenue base wu established I n 1982 and any sales or property tax revenue over the base was pledged t o pay the bonds. No other revenue is pledged. "Since these revenues are below expectation, the Au- t hority decided to inform all of its bondholders. The City of Englewood is not a party to the bonds and is under no obligation to help pay for the bonds. "Even though the revenues are below expectations and may be Insufficient to cover the bonds, this should have no effect on any of our existing businesses. Neither the land nor the bulldini!S are currently owned by the Authority and the businesses have no direct or Indirect obl lgatlon for the bonds. We also don't believe that this situation will impact our ability to attract new business. The Improve- ments are in place and there Is no added financial respon - sibility on anyone except the Authority. "During the planning stages of this project and in the discussions of how to f i nance the improvements, many of you were concerned that the taxpayers and residents of Engle- wood would eventually have to pick up the bll l for the project. The Council at that time sa i d that the City tax- payer wo ul d not become liable. This Council Is here to reassure you that Englewood taxpayers are not the "deep pockets• that will c011111lt City funds. 0 u Englewood City Council N1nutes Apr11 l&, 1990 -Page 3 "While we are all concerned, and we all want to be part of the solution, we must put the Englewood citizen first. We will continue to support the Authority to assist the11 In ways consistent with our first obl i gation to the En~lewood citizen ." Mayor Van Dyke assured the audience that If anyone present wished to discuss this subject they would be given an opportunity to do so under the Non- scheduled Visitors sect i on. (b) Council Mefflber's Choice (i) Council Member Bullock suggested that the City provide a col- laborative letter In suppor t of the efforts of Gary Kozatek to establish a Teen Le i sure Center to be located in Englewood . The letttr would indicate public support of the center and assist Mr. Kozacek to secure funding. After al scuss i on, COI.IICIL MEMBER BULLOCK MOVED, AIII IT VAS SECONDED, TO PROVIDE A COLWORATIVE LffiER OF SUPPORT FROM THE ENGLEVOOD CITY CotJICIL FOR THE YOUTlf TEEN LEISURE CEMTER {TLC). Ayes: Nays: Motion carried . Council Me11bers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van uyke None (11) A -esolut l on reapp!!lnting Vincent Atencio as an Associate Municipal Judge was assigned a number ~nd read by title: RESOLUTION NO. 34, SERIES OF 1990 A RESOLUTION FOR REAPPOINTMENT OF VINCENT ATENCIO AS AN A'iSOCIATE MUNICIPAL JUDGE. COUNCIL MEMBER BULLOCK MOVED, AND lT WAS SECONDED, TO APPROVE RESOLUTION NO. 34, SERJES OF 1990. Ayes : Nays: Motton carried . Council Members Koltay, Hathaway, Wigg i ns , Bullock, Clayton, Habenicht, Van Dyke None (11 1) A resolution reappoint i ng Tr acey M. Porter as an Associate Municipal Judge was assigned a number and read by title: RESOLUTION NO. 35, SERIES OF 1990 A RESOLUTION FOR REAPPOINTMENT OF TRACEY H. PORTER AS AN ASSOCIATE MUNICIPA L JUDGE. COUNCIL NDIBER BULLOCK MOVED, ANO IT WAS SECOIIIED, TO APPROVE RESOLUTION NO. 35, SERIES OF 1990. Englewood C1ty Council Minutes Apri1 16, 1990 -Page 4 A)'es: Nays : Motion carri ed. Council Members Koltay, Hathaway, Wiggins, Bu l 1ock, Clayton, Habenich t, Van Dyke None (1v) A re solution pursuing cooperative planni ng between the cities of Englewood, She r i dan , and Littleton was ass i gned a number and rea d by title: RESOLUTION NO . 36, SERIES OF 1990 A RESOLUTION DECLARING THE INTEN TI ON OF THE CITY COUNCIL OF ENGLEWOOD, COLORA- DO, TO PURSUE COOPERATIVE PLANNING FOR THE CITIES OF ENGLEWOOD, SHERIDAN AND LITTLETON. MAYOR VAN DYKE MOVED, All! IT IIAS SECONDED, TO APPROVE RESOLUTION NO, 36, SERIES OF 1990. Mayor Van Dyke explained this act i on as an opportunity to bring the three cit i es closer together i n addressing elements of conmonality. Ayes: Council Members Koltay , Hathaway, lllggins, Bullock , Clayton, Habenicht, Van Dyke Nays: None Motion carried. (v) Counci l Member Habenicht reported she recently had spent a da1 observing the work of the Fire Department. She complimented tne11 on their work and the profess i onalism exhibited . Sne stated sne was surprised to real• i ze the extent of their workday. (vi) A resolution appointing Austin Gomes as a Trustee of the Mal - ley Center Trust Fund was assigned a number and ready by title: RESOLUTION NO. 37, SERIES OF 1990 A RESOLUTION APPOINTING AUSTIN GOMES TO SERVE AS A HALLEY CENTER TRUST FUND TRUSTEE UPON RECOMMENDATION AND PARTICIPATION AS A MEMBER OF THE PARKS AND RECREATION COMMISSION. COUNCIL MEMBER IIIGGINS MOVED, AND JT WAS SECONDED, TO APPROVE RESOLUTION NO. 37, SERIES OF 1990. A "friendly amendment • was offered by Council Member Hatnaway that the Reso l u• tlon should Indicate this is a reappointment as Hr . Gomes has been a member of the Halley Center Trust Fund . This was agreeable to the makers of the motion, and Resolution No . 37 was amended. Vote results : Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: Nona H9tion carried. (vii) A resolution reappoint i ng •Jr. Milligan to serve as a trustee for the Malley Center Trust Fund was ass igP ~d a number and read by title: RESOLUTION NO . 38, SERIES OF 1990 0 Englewood C1ty Counc11 Minutes April 11, 1990 -Page 5 A RESOLUTION REAPPOINTING DR. GATEWOOD C. MILLIGAN TO A THREE-YEAR TERN AS TRUSTEE OF THE MALLEY CENTER TRUST FUND. COUNCIL MEMBER Wl66lNS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 38, SERIES OF 1990. Ayes: Nays: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Mayor Yan Dyke presented Cert 1 flcates of Appo1 ntment to Dr. M1111 gan and Mr. Gomes. 7. Pre-scheduled V1s1tors (a) Council Member Hathaway accepted a proclamation declaring Engle- wood's c011111 i tment to environmental protection and natural resource management by proclaiming Apr11 ZZ, 1990 as Earth Day In the City of Englewood. This proclamation was co-sponsored by Council Members Hathaway and Habenicht at the regular meeting of March 19, 1990. A resolution concerning membership in "Keep America Beautiful, Inc.," was con- sidered. The resolution was assigned a number and read by title: RESOLUTION NO . 39, SERIES OF 1990 A RESOLUTION REGARDING MEMBERSHIP IN KEEP AMERICA BEAUTIFUL, INC. COUNCIL MEMBER HATMAIIAY MOVED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO. 39, SERIES OF 1990. Mayor Van Dyke shared background information about the national organiution "Keep America Beautiful, Inc.• The organization 's charge h to provide an action strategy for litter control, trash control, recycling, and waste man- agement . Several cit i es in Colorado are members and More are considering Mm• bersh1p. In light of everyone's concern about the environment, Ms. Van Dyke suggested that the decade of the 90s will clearly be associated with environ- mental concerns which she wholeheartedly supports. The one-time membership fee is $2,500 with a yearly renewal fee of $250. Ms . Yan Dyke further ex- plained that the membership fee includes training opportunities and support to the City of Englewood In undert king this project. Vote results: Ayes : Nays: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Council Member Hathaway introduced Bob Kel 1 er, Waste Management Inc., who joined Ms. Hathaway at the podium. Ms. Hathaway explained that Mr. Keller had offered to assist the City of Englewood by paying half of the membership fee Englewood C1ty Council Minutes April lG, 1990 • Page G to Keep America Beautiful, Inc. Mr. Keller presented $1,250 to the City Coun- cil. Mayor Van Dyke expressed appreciation for Mr. Keller's generous con- tribution and compll~ented his co~pany for its commitment to support projects of this nature. Council Member Hathaway, In her role as "the bag lady of En- glewood," presented Hr. Keller and members of Council with a "BAG-A-THON" cap, a trash bag, and literature concerning the environment. Hr. Keller explained that his company is extensively Involved throughout the United States In this program, and this offers them an opportunity to give back somethl ng to the communities. City Manager Fraser offered compliments to Mr. Keller and his company for being such good citizens of Englewood. Mr. Hathaway further ex- pl ■ined that additional bags will be anllable for the clean-up prugram in May. Councfl Me~ber Clayton stated his appreciation for the commitment of Waste Management and Gladbags, and he also thanked Ms. Hathaway for her ef- forts in this regard. Ms. Hathaway took this opportunity to highlight several of the upcoming ac• tivities being sponsored by BAG-A-THON, and she encouraged Council to partici- pate. She also highlighted activities being planned for Arbor Day on Friday, April 20. 8 . Non-scheduled Visitors (a) Eleanor Dunn, 3430 South Pennsylvania Street, questioned Count11 regarding the legality of Ordinance No. 21, Series of 1989, which vacated the right-of-way for the south 366.10 feet of the 3400 block of South Pennsylvania Street. Mrs. Dunn stated that Swedish Hospital does not believe it to be a legal document , and she did not feel they were complying with Its stipula- tions . Sha asked City Council to review t he situation and let her know. City Ma~ager Fraser stated the City would be glad to verify what Swedish Is doing, make sure their action s comply with the plans filed with the City, and confirm it is consistent with the ordinance approved by Council. Homer Dunn, 3430 South Pennsylvania Street, noted that Swedish is revising the plans as they go along and rai~ing the sidewa lk . He asked for some consider- ation in this matter . (b} Ken Waechter, 3127 West Tufts Avenue, expressed concern about the Englewood Urban Renewal Authority (EU RA} bond default, and he referred Council to Resolution No. 4, Serles of 1990 , 11hich transferred $338,000 from the General Fund to EURA. He questioned the transfer of money In light of Mayor Van Dyke's co111111ents about City Council's position regarding the EURA bonds. Mayor Van Dyke confirmed that City funds have been used In the past to assist EURA; however, In those instances the funds were for physical Improvements which are tangible and which wi l l remain part of the City. It Is Council's position at this point that City funds will not be used to assist EURA with its obligation to bond holders. Discussion ensued. 9. Ccmnun1cations and Procluations EngllWOOd City Council Ninutts April 1&, 1990 -Pav• 7 (a) COIIICIL MENIER HATHAIIAY MOVED, AND IT IIAS SECOIIJED, TO DECLARE APRIL 20, 1990, AS "ARIOR DAY.• Ayes: Council Members Koltay, Hathaway, lllgg1ns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion tarried. (b) COUNCIL NENBER KOLTAY IIOYED, AND IT IIAS SECOIIJED, TO DECLARE APltlL 27, 1190, AS "YOUTH SERVICE DAY· 1990.• Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Hotton carried. (c) COUNCIL NEHBER CLAYTON Novm, AND IT WAS SECOIIJED, TO DECLARE APRIL 28, 1990, AS "WORKERS' NEIIORIAL DAY." Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Niys: None Motton carried . (d) COUNCIL IIEIIBER KOLTAY MOVED, AND IT IIAS SECONDED, TO DECLARE IIAY 3, 1990, AS "CITY DAY OF PRAYER.• Ayes : Council Members Koltay, Hathaway, Wigg i ns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Hotton carried. 10. Consent Agenda * * * * • COUNCIL N£MBER HABENICHT MOVED, AND IT WAS SECOIIJEO, TO IIITll>IIAII AGENDA ITEII 10(1) FRON CONSEHT A&EJIIA TO BE CONSIDERED SEPARATELY. Ayes: Council Members Koltay, Hathaway, Wiggins, Clayton, Habenicht, Van Dyke Nays : Council Member Bullock Motion carried. (a) Council Member Habenicht stated she had voted against the petition concept when Introduced on first reading and since that time has been looking for a substantial argument to persuade her to change her position fr011 one of opposition to one of support . Ms. Habenicht expressed the following concerns: as Highlands Ranch Metropolitan District No. 3 develops, the City of Englewood as a landowner, would be taxed for the Improvements . Is it appropriate that the development be funded In part by the Englewood taxpayers? the relationship between the City of Englewood and Highlands Ranch has always been positive and cooperative; however she sees no advantage, to the Englewood resident or the Englewood taxpayer, In turning over decisions regarding City owned land to Highlands Ranch Metropolitan District No. 3. Englewood City Council Minutes April 16, 1990 -Page B Council Member Habenicht expressed the opinion that by defeating this legislation we could continue to be "cooperative property owners" and retain control over decision making. She stated that as "a part of the Metropolitan District the decision of when and what to spend rests with the District, and at best we would have just one representative .• Ms. Habenicht questioned the feasibility of negotiating an agreement at a later time. ~he asked that Hr. Fonda, Director of Utilities address her concerns. The Ci ty Clerk was asked to assign a number and read the Ordinance, entitled: ORDINANCE NO. 12, SERIES OF 1990 (COUNCIL BILL NO. 12, INTRODUCED BY COUNCIL MEMBER CLAYTON) AN ORDINANCE APPROVING A PETITION TO INCLUDE CERTAIN LAND OWNED BY THE CITY OF ENGLEWOOD NEAR MCLELLAN RESERVOIR INTO HIGHLANDS RANCH METROPOLITAN DISTRICT NO. 3. COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE ON FINAL READING ORDINANCE NO. 12, SERIES OF 1990. Director Fonda explained that the property value of the City's 260 acres will be greatl y enhanced when an Interchange Is put on the property . The interchange is part of the overall Metropolitan District plan, and we would rece i ve road service, water service, sewer service, fire protection, lighting, lar,dscape ~anagement, etc . The charges for all the capital improvements have been set up In such a way that the City would not pay for them until the land Is actua l ly developed. When the land is developed we would pay a fee that covers our proportionate share of the capital improvements. Because the major trunk lines run adjacent to or through the City's property we would spend millions of dollars trying to develop the property i ndividually . Mr. Fonda noted that the Centennial Water District manager has indicated they would welcome the City's partic i pation, but we would have to wait for their election which is scheduled in two years to have a seat on the Board of Directors. He Indicated we could negotiate a separate agreement with the Highlands Ranch District, but there is no guarantee the service would be available beyond the taps that were co11111itted previously. Mr. Fonda expressed the opinion that this Ordinance would immedia t ely enhance the property value of the area far beyond any expenditures; if an assessment was made that the City did not agree with, the property could be sold and would be worth more because of the utilities that would be there. Mr. Fonda stated th at while an assessment would be made by the Board, it would be small for undeveloped land; usually such asses sm ents are by taxes and the Board has recognized the City's tax exempt stat s. Council Member Habenicht noted that Hr. Fonda had shared with her the fact he Intended to be very Involved in the development of the land because of the potential urban drainage problem. Hr. Fonda agreed and stated that he is envisioning a long -term land lease when the market pi cks up. As opposed to selling the land, a long-term lease would allow the City t o control al l the drainage that would go into Mclellan Reservoir and mak~ sure it is done right. Eng1twood C1ty Counc11 Nlnut•s Apr11 11, 19110 -Pag• 9 Council Member Habenicht requested that M1·. Fonda share his response to her question relative to ethics in th1s 1ntte1·. Director Fonda stated that the Ci ty had no Intention of turning a profit when the land was purchased ; it was bought as plrt of the reservoir property . However, because of the growth of that area It could prove to be i very valuable asset to the City. He did not feel it inappropriate or unethical. Council Member Habenicht stated this has been a very di fficult issue for her; however after weighing all the information she would vote In favor of It. Vote results : Ayes : Council Members Koltay, Hathaway, Wiggins , Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried . (CLERK 'S NOTE: THERE WERE NO AMENDMENTS OR CHANGES TO OR - DINANCE NO. 12 FROM ITS FIRST READING ANO APPROVAL ON APR IL 3, 1990, ANO AS PUBLISHED IN FULL IN THE ENGLEWOOD SENTINE L ON APRIL 5, 1990 .) * • * • * COIIICIL NENBER HATHAWAY IIOVED, AND IT WAS SECONDED, TO APPR : CONSENT AGEJIIA ITEMS~ (b) THROUGH (d) AS FOLLOWS: (b) ORDitlANCE NO . 13, SER !FS OF 1990 (COUNCIL BILL NO. 13, INTRODUCED BY COUNCIL MEMBER BULLOCK), ENTITLED: AN ORDINANCE FOR CONSENT TO ENTRY OF RULE AND ORDER AGREEING TO THE CONDEMNA- TION OF PROPERTY DESCRIBED IN PENDING LITIGATION. (c) ORDINANCE NO . 14, SERIES OF 1990 (COUNCIL BILL NO. 20 , INTRODUCED BY COUNCIL MEMBER WIGGINS), ENTITLED: AN ORDINANCE APPROVING AN AGREEMENT WITH VALLEY SANITATION DISTRICT (VALLEY) WITH THE CITY OF ENGLEWOOD CONCERNING THE MAINTENANCE OF THE SANITARY SEWER SYSTEM SERVING THE PLEASANT VIEW SUBDIVISION (PLEASANT VIEW). (d) ORDINANCE NO . 15, SERIES OF 1990 (COUNCIL BILL NO. 21, INTRODUCED BY COUNCIL MEMBER WIGGINS), ENTITLED : AN ORDINANCE AMENDING TITLE II , CHAPTER 1, SECTION 1 , ENGLEWOOD MUNICIPAL CODE 1985 , RELATING TO THE MODEL TRAFFIC CODE, LIMI TATIONS Off BACKING MOTOR VEHICLES. A)tes: Nays: Mot i on carried. I 1. Public lt9ar1ng Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None No public hearing was sc heduled . Englewood City Council Minutes April 16, 1990 • Page 10 12. Ordinances, Rnolut1ons and Notions (a) Director Waggoner presented a reconnendation from the Department of Public Works to adopt a bill for an ordinance assessing final costs for Paving D1str1ct No . 33. l'lr. Waggoner provided background Information on the fo""a- t1on of the District which was approved by Ordinance No. 36, Sarles of 1988 , A schedule for the COlllpletlon of Paving District No. 33 was provided which establishes May 31, 1990 as the date of the Public Hearing to consider the assess11H1nts; notice to property owners t o be malled by April 20, 1990; with deadline for written protests -Hay 21, 1990 -5:00 p.m. Hr. Waggoner In- formed Council that total assessment costs are $866,342.34; $441,606.84 to be assessed to the various property owners; and $424,735.50 to be bo rne by the City. A 51 discount will be allowed on all assessments paid prior to 5:00 p.m . August 3, 1990. An interest rate of 7.5~ wil l be assessed on any unpaid balance. William Lamm, bond counsel, was present; however, no questions were directed to Hr. Lamm. The City Clerk was asked to read Council Bill No. 22, entitled: COUNCIL BILL NO. 22, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN PAYING DISTRICT NO. 33, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFl:tMJNG THE APPORTIONMENT OF THE COST TO EACH LOT OR TRACT OF LAND IN THE DISTRICT: ASSESSING A SHARE OF THE COST AGAINST EACH LOT OR TRACT OF LAND; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENT. COUNCIL NENBER HATHAWAY MOVED, AND IT WAS SECONDm, TO APPROVE ON FIRST READ- ING COUNCIL BILL NO, 22, SERIES OF 1990. Ms. Hathaway inquired about the clean -up costs on Wesley Avenue; Hr. Waggoner referred to the estimate of West Hazmat Corporation In the amount of S38,000 plus city costs of S16,732.95. Hr . Waggoner feels that the estimate of West Hazmat will be very close . Vote results: Ayes: Nays: Motl on carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None A resolution to authorize not1cP to property owners of individual assess111nts and to set May 31, 1990 at 7:30 p.m. as the date of the public hearing to con- sider those assessments was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 40, SERIES OF 1990 A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS WITHIN PAVING DISTRICT NO . 33 AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON THE ASSESSMENTS. l Englewood C1ty Council M1nutts April 15, 1990 • Page 11 COUNCIL MEMBER HATHAWAY NOUD, All> IT VAS SECOfllED, TO APPROVE RESOLUTJOI NO. 40, SERIES Of 1990. Ayes: Nays: Motion carried . Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (b) Director Waggoner presented a reco11111endatlon from the Public Works D1part11tnt to adopt a resolution changing tile 1990 Publfc lmprov-nt Fund (PIF) budget. Mr. Waggoner explained the various changes as outlined on tht Council Connunlcat1on: certain projects have been added, others completed, and a f8'11 postponed. Bridge repairs as a result of the Bridge Analysis done by the State Highway Department were discussed. Receipt of funds from Urban Drainage and Flood Control District totaling $23,500 for participation 1n the Broadway/Dry Creek Bridge was noted . The resolution was assigned a number and read by title . RESOLUTION NO. 41, SERIES OF 1990 A RESOLUTlON AMENDING THE PUBLIC IMPROVEMENT FUND. COUHCJL NEMBER CLAYTON NO¥ED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 41, SERIES OF 1990. Ayes: Nays: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton. Habenicht, Van Dyke None (c) City Manager Fraser 11resented a recommendation to adopt a resolu- tion approving Englewood's membership ir. the Colorado Municipal League (CML). He outlined some of the benefits available as wall as some of the opportuni- ties wilich would be lost If the City decided not to participate as a member of CML. He explained municipalities look to CML as a resource; that not to be a member would strip staff of an important necessary tool . Hr. Fraser stressed that it is Important to recognize that the City is not an entity of itself but is a part of a much larger urban area. CML provides that coordination, infor- mation sharing , and cllmmon traini ng tn the most cost effective way. The resolution was assigned a number and read by title: RESOLUTION NO. 42, SERIES OF 1990 A RESOLUTION REGARDING MEMBERSHIP IN THE COLORADO MUNICIPAL LEAGUE. COUNCIL "ENBER CLAYTON NOVED, AND IT VAS SECONDED, TO APPROVE RESOLUTION NO. 42, SERIES OF 1990. Council Member Clayton spoke of h1 s reluctance to spend such a large sum of 111oney ($19,442 .86) for membership In CH~. 1:owever, based on 1nfomation pres- ented by CML and the usage by all City depa r tments of the resources provided by CML, plus the benefits derived from CML's lobbying with the State Legisla- ture, Mr. Clayton urged support of the motion . Englewood City Council Ninut•s April 15, 1990 -Page 12 Council Member Bullock strongly opposed spending over $19,000 of the City's money to join an organization whose efforts, 1n his opinion, are duplicated by other organ i zations to which the Ctt,v already belongs. He stressed that he felt the City's appropriate lobbyists are its representatives in the State Legislature, and he commented the CML's stance did not always conform to En- glewood. He disagreed with some of Mr . Clayton's connents; he felt the aoney could be better spent to provide service to the citizens. Council Member Habenicht stated her strong support of membership in CML, c011- ment1ng that the work CML does is probably the strongest group that focuses on the grass roots issues of citizens in their own corrmuntties . Council Member Koltay explained that when membership to CML was first pro- posed, he was not In favor of spending such a large sum of money. However, in light of the services CML provides to every department within the City l\e would support the motion . He still objects to the size of tl\e dues, but feels the best way to address that problem ts from within the organization as a ~em - ber . He strongly suggests , however, that as it ts the departments that rely so heavily upon CML resources, that the fees be charged to the various depart- ments and no longer be reflected as a Counc i l expenditure . Council Member Wiggins, also concerned about the high cost of dues, felt that the benefits of be l onging possibly outweighed the expense, c i ting certain funds which had been received as a result of our membersh i p . Council Member Hathaway commented that the citizens have a right to expect Council Members and staff to be accountable f or the $19 ,000. The City needs to make sure It rece i ves value for the money spent; i f It does not, then the citizens have the right to question that membership . She agreed with Mr. Kol- tay's comments about the dues being shared by the City departments. Council Member Habenicht stated that if this would make Council feel more com- fortable, she too would agree that the dues should be charged to the various departments. Council Member Bullock st i ll questioned the justification for membership In CHL as well as some of the other or ganizations wh i ch the Ci ty supports . Mayor Van Dyke stated that in her opinion CML is "probably the single most Impo r tant organization for the City and for the residents." Without be l ong- ing, she identifi ed the City as be com i ng "an i sland and being an iso- lationist ." She feels membersh i p in CML is advantageous both to the City and to Its c itizenry . She took P.X~~ptlon to some of Mr. Bullock's comments, and strongly suggested he becorr.,i more involved with the various organizations In order to appreciate their va ,ue to the City. Council Member Bullock responded, stati ng the support he r eceived when elected Ind i cates to hi m that the perception exists that Council •ts perceived to be out of control.• He suggested that this issue may be one of many examples giving that perception. Mayor Yan Dyke did no t agree that that perception is totally accurate. Engl.wood City Council "inutes April 18, 1990 -Page 13 Council Hellber Clayton stated that In his opinion the City could not, on tts own, provide in a cost effective iqnner the services provided by Cfll. He con- cluded that "It's our responslbiltty as good stewardship of our tax dollars lo spend this money In such a way that we provide genuine benefits to our citizens on I lon g-term basis;" he felt 111embersh i p tn CHL does that. Vote results: Ayes : Nays: Motton carried. Council Members Koltay, Hathaway, Wiggins, Clayton, Haben i cht, Van Dyke Council ltewlber Bullock (d) Director Waggoner presented a rec011111endation from the Department of Public Works to approve the purcha se of a qotor gr ader through the Centr1ltzed Equ1pinent Replacement Fund (CERF). Mr . Waggoner explained the purchase will be made through the State Highway Department bid. The low bidder for this equipment is Rocky Mountain Machinery Company at a cost of $83,303; after cer- tain non-essential items are ded ucted, cost to the Ci ty is S81,610. The unit being replaced will be put 1nto reserve to grade snow and re1110ve ice in winter 1110nths; the unit currently 1r1 reserve will be auctioned with those funds credited to CERF. COUNCIL MENIER KOLTAY "OVED , AND JT WAS SECOlllm, TO A,,ROYE THE PURCHASE OF OIi[ (1) 1990 DRESSER 850 AR'"lCULATED NOTOl GRADER FROII ROCKY IIOONTAIN MCHIN- ERY CONPANY FOR $81,610. Hr. Waggoner assured Council that the State Highway Department has been using equ ipment 11anufactured by Rocky Mountain Machinery Company and that the State's personnel is impressed with the quality ind per- formance . Vote results ; Ayes: Council Mernb@rs Koltay, Hathaway , Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: No ne Motion carried. 13. City ~anager's Report Hr. Fraser di d not have any matters to br i ng before Council . 14. City Attorney's Report (a) Assistant City Attorney Grimm requested a motion for settlement on l ltlgatlon with Denver regarding water diversion from Chatfield Reservoir. Mr. Grimm expla i ned the stipulation agreement would save the City approx i ■ate­ ly $16,000 . Director Fonda agreed that the stipulation, cutting four (4) hours off report i ng time, would solve the existing problem . Mayor Van Dyke asked how this wou l d affect the quantity of the water or our water rights . Mr . Fonda explained that by forcing Denver to report every day with i n four hours, the City immed i ately woul .d become aware of when water we are entitled to is being withhe l d or di verted. We could then request the State Eng i neer to force Denver to make t~e release. He additionally explained that water ts essentially lost if a senior direct f low does not receive its full all ocation. Englewood City Council Ninut11 April 18, lttD • Page 14 Council Member Bullock clarified that all reporting occurs through the Stato Engineer, and Colorado water law ls a priority system; further that all senior rights have to be fulfilled lOOS before any junior rights can be fulfilled, so this would directly affect and be beneficial for Englewood. "r. Fonda concluded by explaining that the City has not suffered injury In the past, but that lie Is concerned about the possibility of future Injury which could be quite costly and damaging to the City. COUNCIL MEIIIER BULLOCK MOYm, AND IT ... ~ SECOll>m, TO APPROVE THE REPORTINI STJPULATJON A&REEMOO AS RECOIIMElllm at THE CITY ATTORNEY. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. (b) Assistant City Attorney Grt1111 requested approval of a settleaent In the Ulrich litigation. $500 has been offered by Robert Ulrich, the father of an in<11v1dual who was severely Injured In an accident he caused Involving City property. "r. DeWitt and "r. Grlnn reco111111nd the offered amount be accepted 1n full settlement. CWICIL MDIIER KOLTAY MOVED, AHO IT WAS SECONDED, TO ACCEPT THE smtENENT FROII ROBERT ULRICH AS PROPOSED BY THE CITY ATTORNEY. Ayes: Council 11embers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None "otion carried. 15. Adjour11111nt COUNCIL MEMBER KOLTAY MOVED TO ADJOURN. The meeting adjourned et 9:10 p.m.