Loading...
HomeMy WebLinkAbout1980-09-02 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 2, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 2, 1980, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Pastor Geoffrey Ratcliffe, Seventh Day Adventist Church, 27th and Downing. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Wanush Assistant City Attorney DeWitt Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * Council Member Keena requested that the third paragraph on page 4 of the minutes of the special meeting of August 11, 1980, 6:30 p.m. be deleted. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE MINUTES OF THE SPECIAL MEETING OF AUGUST 11, 1980, 6:30 P.M. AS AMENDED. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Neal, Fitzpatrick Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. September 2, 1980 Page 2 The Mayor declared the motion carried. * * * * * * Council Member Neal noted the word "romex" was misspelled in the minutes of the special meeting of August 11, 1980, 7:00 p.m. and requested correction. COUNCIL MEMBER NEAL MOVED TO ACCEPT THE MINUTES OF THE SPECIAL MEETING OF AUGUST 11, 1980, 7:00 P.M. AS AMENDED. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * City Manager Mccown noted a correction to the minutes of the regular meeting of August 18, 1980, last paragraph, page 9. Mr. Mccown stated "not" should be striken in the next to the last line of that paragraph. COUNCIL MEMBER BILO MOVED TO ACCEPT THE MINUTES OF THE REGULAR MEETING OF AUGUST 18, 1980, AS AMENDED. Council Member Keena seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors on the agenda. * * * * * * Mayor Otis asked if there were any other visitors wish- ing to address Council at this time. September 2, 1980 Page 3 Chris Thompson, Executive Director for dba/Englewood, 3535 South Sherman, Suite 175, appeared before Council. Ms. Thompson requested permits for a sidewalk sale on September 11- 13, 1980, and for a charity bazaar on October 11, 1980. Ms. Thompson transmitted a letter dated September 2, 1980, request- ing the permit for the charity bazaar. Ms. Thompson stated all businesses refardless of whether they were a member of the dba/ Englewood cou d participate in the sidewalk sale. Mr. Mccown stated staff did not have any objections to issuing the permits. COUNCIL MEMBER NEAL MOVED THAT THE CITY COUNCIL ISSUE TO THE OBA/ENGLEWOOD BUSINESS ASSOCIATION IN CONSIDERATION OF SECTION 12-261 OF THE CITY CODE A PERMIT FOR AN OUTDOOR SIDEWALK SALE TO THE OBA/ENGLEWOOD BUSINESS ASSOCIATION AND ITS MEMBER MER- CHANTS WITHIN THE CONFINES OF ITS TARGET AREA FOR THE DATE OF SEPTEMBER 11 -13, 1980, DURING THE HOURS OF 9:30 A.M. -5:30 P.M. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER BILO MOVED TO APPROVE A PERMIT TO THE ENGLEWOOD BUSINESS ASSOCIATION FOR A CHARITY BAZAAR ON OCTOBER 11, 1980, ON THE BLOCKS INCLUSIVE OF 3300 -3400 SOUTH BROADWAY DUR- ING THE BUSINESS HOURS OF 9:30 A.M. -5:30 P.M. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mike Brizee, 3258 South Corona Street, appeared before Council. Mr. Brizee asked that Council approve his encroachment request which was on the agenda for this meeting. * * * * * * September 2, 1980 Page 4 Richard Banta, attorney for South Arapahoe Sanitation District and Southgate Sanitation District, 333 West Hampden Ave- nue, appeared before Council. Mr. Banta requested that Council give consideration to an easement that the districts have re- quested for the purpose of constructing a sewer line along Big Dry Creek. Tom Napolilli, 7334 South Costilla, Littleton, of Muerer & Associates, appeared before Council. Mr. Napolilli stated there was a need of acquiring from the Council an ease- ment in order to construct a sanitary sewer line, Phase II, from Layton Avenue in front of the water treatment plant south through the Belleview Park area. Mr. Napolilli stated Olson Construction who was under contract to do improvements to the Allen Water Treatment Plant was in the processing of finishing the project. Mr. Napolilli proposed that through coordination with his people and Olson Construction, the sanitary line could be constructed within the plant area between the 2nd of September through the 15th in order that Olson could complete their land- scaping and bascially their exterior work before the winter. Mr. Napolilli stated the plans have been reviewed by all parties concerned and there were three items in contention: 1) payment of a use tax; 2) negotiation of a change order or a contract between Olson Construction and Beebo Construction who were under contract with the City and the districts; and 3) payment for replacement of some asphalt work in front of Porter Auto Body. At the request of Mayor Otis, Assistant City Attorney DeWitt gave further background on the matter. Mr. DeWitt stated last Friday he received tentative agreements concerning a 16" pipeline for a sanitary sewer that would cross through part of the Allen Water Treatment Plant. The pipeline is owned jointly by South Arapahoe Sanitation and Southgate District on a 80/20 basis. There were a number of engineering problems and disagreements among the City and the various districts as to specific terms. There were problems on the use tax; the cost of the change order; in Phase I damage to the street in front of Porter Auto Body; and also with the telemetering system. Olson Construction was doing improve- ments to the water treatment plant and would be working on them until February, 1981. There would be certain additional costs to the City as a result of South Arapahoe Sanitation and Southgate bringing their line across. Staff has taken the position that the City should not incur the additional costs and has agreed to assist the two parties in meeting together. In response to Council's request, Stu Fonda, Director of Utilities, appeared before Council. Mr. Fonda stated he had briefed the Water and Sewer Board that the easements were under design and what the general approach was going to be and he was going to reco11111end that districts through the plant. September 2, 1980 Page 5 Council Member Higday asked if this matter should be taken up by the Water and Sewer Board and after consideration make a reconaendation to Council. Mr. Fonda stated there was a time element involved be- cause they had already written the contract and had the pipeline sited. Kent Teall, 3722 East Orchard Road, Littleton, Manager of the Southgate Sanitation District, appeared before Council. Mr. Teall apologized for abruptly confronting Council on this matter. He explained when the study was conducted it was deter- mined that the districts had until 1982 to construct the facili- ties. When they found out in February of 1980, that the State Department would make access difficult to get to Windemere dur- ing the reconstruction of the Belleview interchange with Santa Fe, they proceed with Phase I. About ten months ago, in a meet- ing with Mr. Fonda and other members of the utility staff, the diatricta became aware that they would have to replace the 42" line this year and this was what Mr. Napolilli was referring to earlier. Mr. Teall assured Council that an agreement could be worked out on the differences mentioned by Mr. DeWitt and Mr. Napolilli. Mayor Otis reconaended that the matter be worked out by Mr. DeWitt, Mr. Fonda, other members of staff and the repre- sentatives of the district; and that a signed letter of agree- ment be prepared and presented to Council. COUNCIL MEMBER BILO MOVED THAT PERTINENT MEMBERS OF STAFF, MR. RICK DEWITT, MR. FONDA AND REPRESENTATIVES OF THE DISTRICTS MEET IN EMERGENCY SESSION AND WORK OUT THE TERMS OF AN AGREEMENT IN WRITTEN FORM AND HAVE THE CITY MANAGER'S OFFICE POLL THE COUNCIL BY TELEPHONE OR SET A SPECIAL CALL MEETING TO VOTE ON THE MATTER. Council Member Fitzpatrick seconded the mo- tion. Council Member Higday spoke against the motion because he stated the matter bypasses the Water and Sewer Board's consi- deration. Mr. Teall stated the districts already had an easement through the park and through the plant. What he was asking for was additional width. Mr. Fonda stated, in his opinion, what the districts were going to do would be of benefit to the City. It would re- lieve a serious health hazard. Mr. Fonda added time elements have made planning a day by day affair. September 2, 1980 Page 6 In response to Council Member Keena's question, Mr. Fonda stated Council would have to take action by September 4th. COUNCIL MEMBER HIGDAY MOVED TO AMEND THE MOTION THAT THE PARTIES GET TOGETHER AND HAVE THEIR DIFFERENCES RESOLVED BY 5:00 P.M. TOK>RROW NIGHT AND THAT ADDITIONALLY THE ENGLEWOOD CITY COUNCIL WILL MEET AT 5:30 P.M. IN SPECIAL SESSION TO CONSIDER THE MATTER. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Higday expressed his disappointment in the way this matter was handled, brought to Council without prior notice and that discussion took such a long period of time. Mayor Otis stated he had heard about it for the first time today and was aware of the emergency nature of the matter. Mayor Otis stated he felt Council could be flexible enough to listen to the circumstances involved in this matter. were: * * * * * * There were no other visitors to be heard at this time. * * * * * * "CoD111Unications -No Action Recolllllended" on the agenda (a) (b) Minutes of the Denver Regional Council of Governments meeting of July 16, 1980. Minutes of the Board of Career Service Com- missioners meeting of July 24, 1980. September 2, 1980 Page 7 (c) (d) (e) Minutes of the Downtown Development Authority meeting of August 13, 1980. Minutes of the Parks and Recreation Conmis- sion meeting of August 14, 1980. Minutes of the Liquor License Authority meeting of August 2S, 1980. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED", AGENDA ITEMS SA -SE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Wanush presented a Council Com- munication from the Acting Director of Comnunity Development con- cerning an encroachment request of steps into the public right- of-way at 1470 West Tufts Avenue. Mr. Wanush stated there were no objections by the City to this encroachment request. Mr. George Trani, part owner of the West Tufts property, and who presently resides at 6S40 South Windemere, Littleton, ap- peared before Council and further discussed this request. COUNCIL HIGDAY MOVED TO GRANT AN ENCROACHMENT REQUEST TO ANTONIO BOVENZI TO CONSTRUCT STEPS AND LANDINGS AT 1470-96 WEST TUFTS WHICH WILL PROJECT THREE (3) FEET INTO THE PUBLIC RIGHT-OF-WAY FOR WEST TUFTS AVENUE. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * I September 2, 1980 Page 8 Assistant City Manager Wanush presented a Council Com- munication from the Acting Director of CoDlllUnity Development con- cerning an encroachment of a roof into the public right-of-way at 3258 South Corona Street. The property owner is Mike Brizee who had appeared earlier in the meeting. Mr. Wanush stated there were no objection by the City to grant this request. COUNCIL MEMBER NEAL K>VED TO APPROVE THE ENCROACHMENT REQUEST OF MICHAEL C. BRIZEE, 3258 SOUTH CORONA STREET, TO CON- STRUCT AN EAVE ONTO THE HOUSE AT THAT ADDRESS WHICH WILL ENCROACH ONE FOOT SIX INCHES (1'6") INTO THE AIR RIGHTS OVER THE CORONA/ DOWNING ALLEY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * •.• * * Mayor Otis declared a recess at 8:55 p.m. Council re- convened at 9:10 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. ORDINANCE NO. 32 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE XI, CHAPTER 1, SECTION 2, BY ADDING A NEW SUBSECTION AUTHORIZING THE POLICE CHIEF TO ISSUE CONCEALED WEAPON PERMITS TO POLICE OFFICERS, MEMBERS OF THE RESERVE POLICE FORCE, COURT MARSHALL$ AND TO OTHER POLICE DEPARTMENT PERSONNEL. COUNCIL MEMBER BILO K>VED TO PASS COUNCIL BILL NO. 34, SERIES OF 1980, ON FINAL READING. Council Member Keena seconded September 2, 1980 Page 9 the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE MO. 33 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AM ORDINANCE APPROVING TWO CONTRACTS BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGH- WAYS, CORCERNING INSPECTION, RATING AND INVENTORY OF BRIDGES ON THE FEDERAL-AID URBAN SYSTEM AND ON OFF-STREET ROADS. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL MO. 35, SERIES OF 1980, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: ~ Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING SECTIONS 51 AND 52, OF ARTICLE V, CHAPTER 2, TITLE XII, OF ENGLEWOOD MUNICIPAL CODE BY REPEALING THE PROVISION REQUIRING THE CITY, THROUGH THE CHIEF OF POLICE, TO CAUSE SAID September 2, 1980 Page 10 SIDEWALKS TO BE CLEARED OF ICE AND SNOW; AND TO REQUIRE THE REMOVAL OF SNOW BY OWMER, TENANT, OCCUPANT, LESSEE, OR OTHERWISE, WITHIN TWELVE HOURS AFl'ER THE CESSATION OF ANY SNOWFALL. Council Member Hifday stated Mr. Keller of the EDDA, Ma. Thompaon of the dba Eng ewood, requested the Council to assign a time of 10:00 a.m. to give the businessmen an opportunity to clear the snow in the morning if it had stopped snowing at 6:00, 7:00 or 8:00 p.m. the night before. This would give the businesses time to open up and then clear the snow. Mr. Higday stated somebody would alway• have a problem with the time; but the intent of the bill was to give the Police Department something to back them up when they encounter a habitual violator. A particular time would not serve the purpoae and that was the reason for the twelve hours. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 6, SERIES OF 1980, ON FIRST READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER BILO AR ORDIRANCE APPROVING nlE COST OF CONSTRUCTION AND REPAIR OF SIDEWALU, CURBS AND GUTTERS IN THE CITY OF ENGLEWOOD AND CON- FIRMING nlE APPORTIONMENT AND ASSESSMENT OF SAID COST TO EACH LOT OR TRACT OF PROPERTY FRONTING UPOR THE SAME AND PRESCRIBING THE MARNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENT. James Keller, Executive Director of the Englewood Down- town Development Authority, appeared before Council. Mr. Keller reported one business operator, Mr. Bob Brundage, did not think there was repair done to his sidewalk to justify the assessment cost and the owner wanted more information. September 2, 1980 Page 11 Council Member Neal asked that data concerning the date that the notice to do the work was sent to the property owner be forwarded to Mr. Keller. In response to Council Member Bradshaw's question, Mr. Mccown explained the history behind sidewalk assessments. COUNCIL MEMBER BILO K>VED TO PASS COUNCIL BILL NO. 38, SERIES OF 1980, ON FIRST READING AND TO SET A PUBLIC HEARING ON TRIS MATTER FOR SEPTEMBER 29, 1980, AT 8:00 P.H. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN THE SOUTH SECTION IN PAVING DISTRICT NO. 26, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTION- MENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID SOUTH SECTION; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE SOUTH SECTION; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 39, SERIES OF 1980, ON FIRST READING AND TO SET A PUBLIC HEARING ON THIS MATTER ON OCTOBER 6, 1980, AT 7:30 P.H. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. September 2, 1980 Page 12 The Mayor declared the motion carried. RESOLUTION NO. 40 SERIES OF 1980 * * * * * * A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS WITHIN THE SOUTH SECTION IN PAVING DISTRICT NO. 26 AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON SAID ASSESSMENTS. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 40, SERIES OF 1980, AND TO SET A PUBLIC HEARING ON THIS MATTER FOR SEPTEMBER 29, 1980, AT 7:00 P.M. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Aaaiatant City Attorney DeWitt presented a proclamation concerning "Cancer Control Day". COUNCIL MEMBER FITZPATRICK MOVED TO PASS THE PROCLAMA- TION DECLARING SEPTEMBER 8, 1980, AS "CANCER CONTROL DAY". Council Member Bradshaw seconded the motion. COUNCIL MEMBER NEAL K>VED TO AMEND THE )l)TION TO DELETE THE FIRST PARAGRAPH OF THE PROCLAMATION. Council Member Higday sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Raya: Council Member• Higday, Real, Fitzpatrick, Keena, Bilo, Bradahaw. Mayor Otis. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Council Members Higday, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. September 2, 1980 Page 13 Nays: Council Member Neal. The Mayor declared the motion carried. * * * * * * Assistant City Attorney DeWitt submitted the Findings and Conclusions of the Career Service Board regarding the John Blanchard case. Council Member Bradshaw directed that this matter be placed on the agenda for September 15, 1980. * * * * * * Assistant City Attorney DeWitt informed Council that the innediate possession hearing on the additional land for the water tower had been set for September 9, 1980, at 9:30 a.m. * * * * * * Assistant City Attorney DeWitt discussed the case in- volving Little Dry Creek and Clapp property. Mr. DeWitt stated he was in receipt of a letter from Mr. Clapp offering to settle the controversy concerning acquisition of his land for a sum of $8,500. Mr. DeWitt reco11111ended that this offer be accepted. COUNCIL MEMBER BRADSHAW MOVED TO OFFER MR. CLAPP $8,500 ON THE SETTLEMENT OF LITTLE DRY CREEIC PROPERTY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Attorney DeWitt recoaaended the settlement of $35,200 for the Pasquini property for Little Dry Creek. COUNCIL MEMBER BILO !«>VED TO APPROVE THE RECO*ENDATION FOR SETTLEMENT FOR THE CLAIM OF $35,200 IN THE PASQUINI PROPERTY CASE. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: I September 2, 1980 Page 14 Ayes: Nays: The Mayor Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. declared the motion carried. * * * * * * City Manager McCown transmitted a report from Steve Bell of Hanifen, Imhoff & Samford, Inc., regarding a survey con- cerning industrial revenue bond• and the fees that other munici- palities and counties charge. Mr. McCown asked that this matter be discussed next Monday during study session. * * * * * * City Manager Mccown submitted a letter from the school board regarding an allocation of $22,500 for the resurfacing of the tennis courts at the Englewood High School. Mr. Mccown stated the school board was asking that the City allocate an equal amount to thelp pay for the coat. Mr. Mccown stated no money has been budgeted in any particular fund; however, it could come out of the Public Improvement or General Fund. He stated he would bring it back to Council at the September 15, 1980, meeting. * * * * * * City Manager Mccown stated the 1981 Proposed Budget would be in the September 11, 1980, agenda packet. Other items helpful to the budget would be submitted September 12, 1980. * * * * * * Mayor Otis asked for Council's choice on the voting delegate and alternate for the National League of Cities con- ference. COUNCIL MEMBER KEENA MOVED TO NOMINATE MAYOR OTIS AS THE VOTING DELEGATE. Council Member Fitzpatrick seconded the motion. There were no other nominations. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. September 2, 1980 Page 15 Nays: None. The Mayor declared the motion carried. COUNCIL MEMBER BILO !l>VED TO NOMINATE MAYOR PRO TEM BRADSHAW AS THE ALTERRATE. Council Member Higday seconded the motion. There were no other nominations. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis asked Council to consider designating a day to honor Elsie Malley for her contributions to the City especially the Malley Center. * * * * * * Mayor Otis apologized for not holding "Other Visitors" time to five minutes. He stated he felt the matter was deserv- ing of more than the time limit and Council needed to hear the matter. * * * * * * Council Member Bilo asked for an update on the golf course, the seeding project and the club house. Mr. Mccown stated the expected opening day was June 1, 1981, assuming there would be no more bad rains to wash away the seed. The club house was schedule for completion for the 1982 season. The federal grant would have to be worked out on a cash I flos basis; and this matter would be discussed further at the bud- get retreat. Construction of the connecting bridge had priority at this time. * * * * * * Council Member Fitzpatrick announced he would be on vacation for next few weeks. * * * * * * September 2, 1980 Page 16 COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING AND RECESS IT UNTIL TOMORROW, SEPTEMBER 3, 1980, AT 5:30 P.H. Mayor Otis adjourned for a recess until September 3, 1980, at 5:30 p.m. * * * * * * Council reconvened on September 3, 1980, at 5:40 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Bilo, Bradshaw, Otis. Absent: Council Members Fitzpatrick, Keena. The Mayor declared a quorum present. * * * * * * Also present was City Attorney Berardini. * * * * * * Assistant City Attorney DeWitt presented the agreement between the Southgate and South Arapahoe Sanitation District con- cerning certain easements that pass through municipal property. * * * * * * Council Member Keena entered the meeting at 5:45 p.m. * * * * * * Mr. DeWitt stated the district must have 100 ft. area in which to work and reconnended that a construction easement be granted to the districts and when the work was completed a perma- nent easement be granted shrinking the area down. Mr. DeWitt referred to the construction easement noting corrections on page 2, specifically, delete in Section 1 "com- pletion of construction of the sewer line or on" and ''whichever shall sooner occur"; and to change the date to December 1, 1981. Mr. DeWitt discussed the technicalities of construction easement. In response to Council Member Bilo's question, Mr. Tom Napolilli of Muerer & Associates explained measures his company would take to close the old line. September 2, 1980 Page 17 Stu Fonda, Director of Utilities, appeared before Council. In response to questions from Council Member Higday, Mr. Fonda stated the line running southeast from the tressel would not have to be enlarged because the 42" line was at a steeper grade and would facilitate the sewage flow adequately. City Manager McCown asked if there were provisions in the agreements whereby the park area would be restored to ita original state. Aaaistant City Attorney DeWitt stated such provisions were in the construction easement. Gary Mandarich, Department of Engineering Services, appeared and explained the coordination of work planned for this project. Mr. Fonda stated Olson Construction Company has sub- mitted a cha In response to Council Member Neal's question concern- ing the collection of use tax, Mr. DeWitt stated the responsi- bility of paying use tax rests with the contractor. Use tax for Phase I still has to be paid. Use tax for Phase II will be paid. Mr. Fonda stated the pavement in front of Porter's Auto Body has been replaced. ORDINANCE NO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING A CONSTRUCTION EASEMENT, QUIT CLAIM DEED ARD PERMANENT EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT ARD SOUTHGATE SANITATION DISTRICT CONCERNING CERTAIN PROPERTY OWNED BY THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 40' I SERIES OF 1980, OR FIRST READING AS AMENDED. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. I September 2, 1980 Page 18 Nays: None. Absent: Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * Council Member Higday expressed his appreciation to mem- bers of staff for expeditiously putting an agreement together. He also apologized to representatives of the district and stated he hoped they were not offended by him or anyone else. Mr. Higday stated he now understands the situation and wanted to continue the City's good relationship with the districts. * * * * * * City Manager Mccown referred to the ordinance and resolution concerning sidewalk assessments and Paving District No. 26 assessments. Mr. Mccown stated on the list for assess- ments for the sidewalk district, nothing was done to Mr. Brundage's sidewalk. It was checked and verified there were no improvements to Mr. Brundage' a property. Improvements were made to the side- walk down from Mr. Brundage's property. Every single property was then checked and further errors were found. Mr. Mccown recoDIDended that the pertinent ordinance be amended with the correct assess- ment amounts at the next Council meeting, September 8, 1980. COUNCIL MEMBER HIGDAY MOVED TO SET A SPECIAL MEETING AT 7:15 P.H. ON SEPTEMBER 8, 1980, TO CORRECT AN ORDINANCE THAT PASSED ON FIRST READING TO PROVIDE FOR ASSESSMENTS FOR SIDEWALK IMPROVEMENTS. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: 6:20 p.m. Ayes: Nays: Absent: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. None. Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at <iaW.~~~