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HomeMy WebLinkAbout1968-02-26 (Special) Meeting Minutes138 SPECIAL MEETING. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO FEBRUAllY 26, 1968 The City Council of the City of EDglewood, Arapahoe County, State of Colorado, met in special session Monday, February 26, 1968 at 8 P.M. in the City Council Chambers, City Hall, Englewood, Colorado. Clerk. The following "Notice of Call" was read by the Acting City "February 26, 1968 NOTICE OF CALL BY THE MAYOR FOR SPECIAL SESSION OF THE C~TY COUNCIL MONDAY, FEBRUARY 26, 1968 -8:00 P.M. The City Council of the City of Englewood, Arapahoe County, Colorado, is hereby called to a special meeting in the City Hall, 3400 South Elati Street, to conduct a public hearing regarding Paving District No. 17, and conduet other business as may be appropriate relating to said Paving District. /s/ Stanley H. Dial STANLEY H. DIAL City Manager SHD/ij. ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Councilmen of the City of Englewood, Colorado, do hereby acknowledge Receipt of Notice of the above special session. /s/ John c. Kreiling /s/ Lou Parkinson /s/ John J. Lay /s/ Elmer E. Schwab /s/ Dick Lone" Mayor Schwab, presiding, called the meeting to order and asked for roll call. Upon the call of the roll, the following were present: Councilmen Kreiling, Lay, Lone, Parkinson, Schwab. Absent: Councilmen Dhority, Fullerton. The Mayor declared a quorum present. Dial: Mayor Schwab declared the public hearing opened at 8:10 P.M. Following is an outline of the remarks made by City Manager ' PAVING DISTRICT NO. 17 HEARING 1. Paving District background -Paving District No. 6 in 1956. (a) Since 1956, 284 long blocks, 313 short blocks, and sixteen alleys have been paved. 2. Petitions for street improvements. (a) Charter, majority of owners, regardless of residence. (b) Area does not count. 3. Council -initiated improvements. (a) Council initiates improvements with funds available. (b) Legally, City Council initiates all street improve~ ments on the Paving District. 4. Show location of proposed improvements. (a) Petitioned improvements. (b) Council-inititated streets. (c) After public hearing, Council cannot add streets, but can drop them. 5. Cost. (a) Depends upon type of improvement, which the Director of Public Works will explain later. (b) Depends upon City's share of cost (inter-sections, arterial widths in residential zones, etc.). (c) Depends upon competitive bid prices. (d) Also, includes costs of engineering, title checks, fiscal agent services, legal publication costs, I I I I ! I I I I (e) (f) 6. City (a) (b) (c) Minutes of February 26, 1968 printing, mailing notices, interest on money borrowed during cpmstrictopm. assess,emt cp,~itato_pm. etc/ City sells bonds to lowest and best bidder. Overlay. provides certain paving guarantees. Performance bond during construction. Two years guarantee on Portland cement work. Five years guarantee on paving. 7. Assessments. (a) Engineer will explain computation of assessments and cost to each property owner. (b) Assessments will be computed and property owners notified in January or February, 1969. (c) Property owners will have opportunity to appear before Council at a public hearing regarding assess- ments in February, 1969. (Individual notices will be sent.) (d) Within thirty days after public hearing, all or any part of the assessment total may be paid in cash at a five per cent (5%) discount on the amount actually paid. (e) Thereafter, the property will be assessed with the General Taxes (beginning in January, 1970) one- tenth (l/lOth) of the assissment plus six per cent (6%) simple interest. (f) May pay in advance at any time at actual accrued interest. (g) If a payment is delinquent, then the full balance becomes due to the County. 8. Before paving, all efforts will be made to see that utility line replacements are made, and that property owners tap to the utility lines. 9. Additional street rights-of-way may be needed for specific street improvements. 10. Sidewalks. further.) (The Director of Public Works will explain (a) Location of walks: The Ordinance provides that the location of sidewalks will be determined by the Dir- ector of Public Works and that his decision is subject to variation as may be approved by the Board of Adjustment and Appeals. (b) Width: The City's Ordinance provides that the sidewalk width shall be determined by the Director of Public Work•, but does not provide for appeal from his decision. Upon the conclusion of Mr. Dial's remarks regarding Paving District 17, Mr. Kells Waggoner, Public Works Director, briefly explained tha list of streets in the paving district. Mr. Waggoner informed Council that all streets to be included in the paving district were Council initiated, with the exception of the 1000 block on Cornell Street. He went on to explain the probable cost of construction of paving overlays, curbs, gutters, and sidewalks. The general contractor will guaranty sidewalks for two years and the City would likely assume responsibility if the sidewalk failed shortly after the two year period if the sidewalk was installed by a City contractor. Mr. Waggoner went on to explain how the costs of the paving district are distributed on the basis of front footage and the formula for determining front footage of particular pieces of property. Mr. Dial informed the audience that postcard notices which had been sent to all residences and properties affected by the paving district are not required by law but are mailed by the City as a courtesy to property owners. Mayor Schwab requested that Acting City Clerk Mack read any written objections to the paving district which may have been filed with the City Clerk's office. Mr. Mack read two letters, as follows: "February 20, 1968 Mayor and City Council City of Englewood City Hall -3400 s. Elati Englewood, Colorado 80110 139 140 Minutes of February 26, 1968 Attn: Office of City Clerk Sirs: I hereby request an individual variance from the proposed Paving District #17 in a matter concerning existing curbs, gutters and sidewalks in front of property where I reside and hope to own if I ever get it paid up. There are black chalk marks on one 10 foot section of curb and sidewalk in front of my driveway which apparently means that this segment is scheduled for replacement at, as I understand, a cost of $40.00 to me. The apparent reason for this scheduled replace- ment is a friendly and innocous crack in this 10 foot segment. -rhis crack commences 7 inches from the north riser on the east end of this segment and ex>ntinues for 52 inches to a point 44 and one- half inches from the east end of aaid segment on the south edge of the sidewalk. As nearly as I can measure, this crack does not pre- sent more than 11/32 inch difference in elevation at any point along its length between one side of the crack and the other side. I notice that in several instances around my neighborhood there are segments of sidewalk with differences of more than 11/32 inch in elevation from one segment to another at the expansion joints and none of these I measured are scheduled for replacement or repair. I have become very fond of this crack and request that it remain where it is. I have checked into its background and find that it has been exactly where it is and no better or worse than it was seventeen years ago when this hous was built.. Five years ago I had cement delivered to my residence f6r the .• constructitoh of a garage, enclosed proch, and driveway and I have seen with my own eyes a ready•mix truck with six yards of cement back over this sidewalk at the point where this crack exists. Six yards of cement in one truck represents approximately 46,000 lbs. of weight. Considering the fact that this particular crack is no better and no worse in its seventeen years of life, I therefore submit that this is a resonably substantial crack and that it does not now, nor should it in the forseeable future, present a danger to life or limb of anyone traversing this particular segment of sidewalk and therefore request tha t it not be included for replacement in this district #17. I further request that someone form the city take time to advise me of the outcome of my petition since I will not be able to attend the public hearing on February 26, 1968. "February 22, 1968 To City Council City of Englewood Englewood~· Colorado 80110 Very truly yours, /s/ Joseph E. Kelly 4900 S. Pearl Street Englewood, Colorado 80110" Whereas, the owners of certain properties in the city of Englewood have been individually and by public notices, notified of the intention of the City Council for the establishment of a paving district to be known as paving district #17. The owners of the properties on the East and West sides of the 4800 block of South Washington Street, Englewood, Colorado are both individually and collectively opposed to the paving and the assessment of taxes for the purpose of improving said 4800 block of South Washington Street. Attached herto are the signatures of said owners attesting to their opposition to this proposal. It is felt that the present condition of the paving of the 4800 block of South Washington is satisfactory and in no way presents a hazard to the health of property of the users of said street. I I I I I I I I Minutes of February 26, 1968 The owners futher specify that this petition in no ways to be interpreted as an objection to the establishment of the paving district, except where it is applicable to the 4800 block of South Washington street. Received this 23rd day of February, 1968. Received: /s/ Dean Herndon (Acting City Clerk, city of Englewood, Colorado)" (Petition attached to letter in Council Minutes File.) Upon conclusion of the Acting City Clerk's reading of written objections filed with the City Clerk's office, the Mayor requested objections and canments by citizens in the audience. Mr. Ray Billburg, 2970 South Ogden, expressed his concern for storm drainage facilities in his neighborhood. He believes that paving will increase the run-off in his area, particularly construction to the east of his residence. He stated that he had lived in the neighborhood for 15 years and has seen the run-off increase with increased construction and paving in the area. Councilman Lou Parkinson indicated that street paving may not intensify the condition. Mayor Schwab asked if Mr. Gilberts' area was a citizen petitioned area. Mr. Dial replied that this is the only area in which a petition has been submitted by the residents. Mr. Robert Olinger, 3550 South Delaware, expressed his concern that the vertical curbing proposed in his neighborhood would not conform to the hollywood curbing presently in the area. He also said that there wasn't sufficient foot traffic in the area to warrant sidewalks. He believed that paving in the area was for the benefit of users of Denny Miller Park only during the two months of the swmner in which the 1=&rk is used. He also stated that commercial uses that could come to the area in the next few years could result in the street being repaved. councilman Lay asked Mr. Olinger if the City Engineer told him that the curb had to be vertical. Mr. Oliner replied, "Yes, on both sides of Delaware." He indicated that he believed hollywood curb was cheaper and that wooden barriers in the park would stop any cars from jumping the curb. Mr. Dial indicated that half of the block is presently conanercial, which requires vertical curbing, and it would not be feasible to curb the re- mainder of the block in hollywood. Mr. Oliner replied that the City is premature in building up this area as the land use will change. There is presently no traffic. There is no object to paving at this time, but it is feasible to curb, sidewalk, and gutter the area. Councilman Lay asked if it was mandatory to have vertical curb by all City property. Mr. Waggoner replied that here it was. Mr. Olinger indicated that Dr. Campbell's office had vertical curbing and that the Denver parks had hollywood type curbing. Mayor Schwab replied that Denver can't keep cars of the grass and that this is one of the problems with hollywood type curbing. Bruce Newlon, 3632 South Delaware, asked what type of curbing would be installed at his residence. He indicated that he wanted hollywood curb and that vertical curbing in his block forces water across the street to hollywood type curbing. Mr. Waggoner replied that vertical curbing was in place on the south 150' of the block and that the City could blend vertical curbing with the hollywood type. Mr. Waggoner indicated that the west side of th~lock was proposed to be hollywood style because it was a residential area. Mr. Dial asked Mr. Waggoner if theJstreet surf ace could be tipped sufficiently to minimize drainage across the street. Mr. Waggoner replied that he believed the slope would be too great. Mr. Newlon indicated that there was a park across Jefferson Street and wished to know if he, personally, would have to pick up the tab for paving the full width of the street. Mr. Dial indicated that the City would pay the park's share. Mr. Lone asked if Mr. Newlon would prefer hollywood curbing on both sides of the street. Mr. Newlon replied that he would. Mr. Lone then asked Mr. Newlon that if both ·-:sides of the street were vertical, would this curbing trap and CX>nvey more water than hollywood type curbing and if Mr. Newlon would be opposed to bringing the sidewalk flush to the curbing. Mr. Newlon replied that he had to agree to both questions. 141 142 Minutes of February 26, 1968 Mr. Wayne Law, 3526 S. Delaware, indicated he objected to all improvements in the 3500 block of Delaware at this time. Mrs. Bill Royce, 4466 South Delaware, presented a petition from residents in the 4400 block of South Delaware. The petition contains signatures of ten property owners in the block. Mrs. Royce went on to indicate their opposition was based primarily on (1) the paving district would necessitate the removal of trees in the block, leaving the block without aifficient shade in the swmner, (2) a survey error on the east side brings the street too close to a house, (3) the proposed 44' street is too wide. Mrs. Royce indicated that residents would not object ot the paving district if the trees were not removed. Mr. Dial indicated that there was approximately 125' of 44' width street presently in place in this block. Mr. Waggoner indicated that both blocks on either side of this particular block are 44'. Mr. Waggoner confirmed that the proposed improvements would require tree removal to obtain the necessary 44' street width. Mrs. Royce asked when a water line would ~e going in on her street. Mr. Waggoner replied that, pre- sently, this street has a 4" line. No plans are envisioned to enlarge this main. Most of the taps on this main are 5/8" taps and their size creates a pressure problem rather than the main size. Mr. Waggoner indicated that the water pressure program which would be instituted this summer within the City may help affected properties in the area, but the major problem re- mains to be the small tap size. Mrs. Royce asked what 6% interest would be based upon. Mr. Dial indicated the unpaid balance due to the property owner. Mr. Waggoner indicated that on the north end of this block there presently exists 175' of vertical curbing and the street was 44' wide. He indicated this vertical curbing will be extended south. Mra. Royce asked if the tree removal cost would be in- cluded in her assessment. Mr. Criswell indicated that these costs will be borne by the City. Mrs. Royce stated that her research indicates the removal of trees sometimes decreases the temperature by as much as 20° and that the addition width of the street to 44' will increase the traffic speed in her neighborhood. Mr. Robert Olinger was recognized. He stated, "same person, same ideas." Mr. W.G. Wright, who lives at 6088 South Lakeview, Littleton, and has property in the 3500 block, South Elati, indicated that he believed the paving district proposal for his area was premature. He indicated that he intends to move seven houses in the block and redevelop the area. He believes that he will have to duplicate t~e coat again when he redevelops his property. Mr. Dial indicated that the area as a whole should be improved or not improved, rather than sectionally, because drainage problems in the area affect the entire area. Mr. Al Kulp, 3639 South Fox Street, indicated that his street was paved. He indicated that water settles on his street and that drainage correction in his area took first priority, rather than paving. Mr. Dale, 3595 South Cherokee, indicated that vertical curbing went in his area last year and changes into hollywood type curbing at a corner. He indicated that only three persons walk on this sidewalk each day and that it is premature to consider paving in his area at this time. Mr. Bill Bunnish, Park Floral Co., west side of Jason from Hampden to Kenyon, asked if both sides of his street would have to have curb, gutter and sidewalk in addition to paving. Mr. Dial indicated that tibia has been the previous policy of the Councils. Mr. Gunnison indicated that he objected to curb and gutter on the west side of Jaaon. He indicated that almost 1000 feet of curb and gutter would be necessary and that he was the only owner of property here and that there was no traffic in the area. The only convenience curb and gutter would serve would be for members of the Elks Club. He also indicated that he had no idea where future curb cuts would be on his property. Mr. Earl Warnke, 3225 South Sherman, asked if the 3200 block of Sou'fih ·· Sherman wuld be widened to the same width as the 3300 block. Mr. Waggoner said that thi~block would not be widened, but that some curb and gutter would be replaced. Mr. Warnke asked at what price per square foot. Mr. Dial indicated that some examples of costs were presented earlier in themeeting and that certainly Mr. Waggoner would assist Mr. Warnke in the particular cost for any particular property. Mr. Waggorer said I I I I I ····1 I I ' Minutes of February 26, 1968 that any residents can have their own contractor put in curb and gutter as long as a building pennit is taken out prior to April 1. Sr. Waggoner stated that if anyone wanted to call of visit his office, he would be happy to figure up specific costs for specific improvements on specific lots. He then proceeded to give some typical costs for a 50' frontage, i.e., curb, gutter, sidewalk, and paving, $345: paving only, $212. Mr. Olinger asked when he would know if his block was being dropped faxn the paving district. Mr. Dial indicated that the administration would desire a Council decision nezt week in order to get better bids during the construction season lull. Mr. Trager, 3881 South Sherman, asked about one-way streets and if one-way designation of his street was the basic reason for the required paving. Mayor Schwab indicated that, certainly, the one-way street pattern was one reason for paving. Mr. Glenn, 900 West Tufts, indicated that he was pre- viously assessed for paving on Inca Street and asked if he could be assessed again for paving on Tufts. Mayor Schwab indicat- ed to the affirmative. Mr. Dial said that such assessment would only be for the frontage on Tufts. Mr. Glenn stated that the reason for the paving was that the City had allowed the streets in his area to deteriorate without preventive maintenance. Mr. Dial indicated that, previously, some streets were only asphalted, not paved. Mr. Glenn indicated that the City did not provide services in the Centennial Acres area. David Parker, 4620 South Sherman, indicated the paving district was of no benefit to his residence. Mr. Nonn Furlund, of Tufts and Lipan, asked what plans were being made for his street. Mr. Waggoner outlined the pro- posed improvements. Mr. Furland indicated that the two blocks on the north side of Huron to Mariposa have curb and gutter and wanted to know how he would be affected. Mr. Waggoner indicated that Mr. Furland asked if the County would close the railroad crossing and pave Pecos. Mr. Dial indicated that there is some reluctance on the part of the railroads and PUC. Mayor Schwab indicated that he had talked to County Commissioner Christensen on the problem. His belief was that the railroads wanted to close all railroad .c rossings and not reopen any. He indicated that railroads are only obligated to participate up to 10% of the cost. John Criswell indicated that the PUC would like to close Tufts and open no other crossing. He affirmed that the railroad and PUC do not desire to have any other new crossings. Mr •. Waggoner indicated that Tufts was not an arterial street but a collector street. Mr. Furland stated that a newspaper had said that the City would be receiving an additional $1,500,00.00 from Cinderella City. Mr. Dial indicated that not all of the proceeds from the new shopping center would be received in this year. In fact, the City anticipates only $200,000 in proceeds from the center this year. This money is already eannarked for certain projects, such as central garage, additional police officers, an aerial ladder truck, and other items. Mrs. Harder, 1020 West Tufts, asked why the City desired to open Union. Mayor Schwab stated that from a safety standpoint it was necessary. Mrs. Harder indicated she felt her area needed curb and gutters for the children on their way to school. Mr. Warren Barnard, 4603 South Sherman, asked if his sidewalk would be abutting the curb. Mr. Dial indicated that it would. Mr. Barnard indicated that his neighbors on the southeast corner of Tufts and Shennan were concerned about grading because of the drainage problem in their area and asked if the grade would be adjusted to help relieve the drainage problem. Mr. Waggoner stated Tufts would have a vertical curb and gutter. Mr. Joel Barlow, 4596 South Pearl, said that there was one b~g hole in front of his house. Mr. Dial indicated thef'iole will be filled. Mr. Sagrillo indicated that this street has never been paved and was left out by the developer. Mr. Dennis Kelly, 2323 West Warren, asked if curb and gutter in his block would approximate $4.25 per foot. Mr. Wag- goner indicated it would. Mr. Kelly stated that he has contact- ed some neighbors and some are in favor and some are not. He indi- cated that his neighbors had objected two years ago and there was presently more opposed to this paving now than two years ago. 144 Minutes of February 26, 1968 He also gave examples of the possible assessments of , his . neigh- bors and their personal circumstances. He indicated most people in the neighborhood were against this paving, but that he couldn't speak for them all or contact all. He stated that he believed the City has attempted to keep taxes down and that the school board was primarily responsible for the increase in taxes. He submitted a petition of ten signatures requesting that the City Council delete his street from. the proposed paving district program. Mr. William A. Moody, 2900 South Clarkson, asked the Council what was going to happen on his street. Mr. Waggoner listed specific improvements proposed and indicated that his office would contact Mr. Moody to find out if. he wanted· curb cuts. Mr. Waggoner indicated that the curb and gutter would be vertical type and that Mr. McMurtry would have to move his fence in order for the City to gain the necessary widthfor the proposed street improvement. Mr. Moody indicated he was in favor of the P.aving. Mr. Clifford Burge, 2961 South Clarkson, indicated there was relatively no traffic on his block, that the City does not own the street, and that the street will come to within 5 feet of his door. Mr. Criswell replied that Clarkson has been a County road and the City does believe that its owns Clarkson. If it does not, the City will have to obtain this street .through eminent domain or through agreement with the property owner. The City W>uld pay for all right-of-way acquisition. Manuel Gallegos, 735 East Cornell, asked the Council how the Clarkson improvements would affect his property. Mr. Waggoner indicated that he would check the map to see and inform Mr. Gallegos. Mr. John G. McMurtry, south Clarkson, indicated he would go along with his neighbors. He asked what the differences were between a collector and arterial street. Mr. Dial explained that there were no differences, but the depth of the paving would differ for the amount of traffic. He indicated that Mr. McMurtry's dytrry eoulf nr 11• deep, 44' wide. Mr. McMurtry asked if his fence was on City property and indicated that he didn't want to move trees on the east side of the ditch. Mr. Waggoner stated that the fence was on City property and the trees must come out. Mr. McMurtry asked why the City was paving these blocks. Mr. ~aggoner explained it was being done so that traffic could move from Yale to Highway 70. Mr. McMurtry indicated that one of his neighbors was opposed to the paving because it would increase run-off in the area. He stated he was not in favor of paving at this time until the drainage problem is resolved in his neighbor- hood. Mr. Earl Wood, 2960 South Clarkson, asked an inaudible question. He and Mr. Waggoner dealt with the question. Mr. Ken Wetterstrom, 3850 South Sherman, said that City funds had previously been transferred from Dry Creek Bridge to paving. He indicated the City was paving South Sherman only be- cause of the one-way pattern. He indicated the owners in the area have paid for many improvements and that deterioration of the streets was due to improvements under these streets. He also indicated that the storm drainage passage under the shopping center would not be adequate for a big storm. He presented a petition of seven names of individuals opposed to paving the 3800 block of South Sherman. At this point in the meetin, Mayor Schwab stated that the Council would entertain comments and objections fran persons affect- ed by the proposed overlay program. Mr. Waggoner indicated the cost of a 36 1 wide street would be approsimately $2.50 per frontage foot for overlay. Darwin Smith, 4960 South Sherman, asked if the water would not undermine the overlay and indicated streets in his area were over 15 years old. Mr. Waggoner indicated that the overlay will overlap the gutter and there was probably cpod design on the b~se of the streets in Mr. Smith's area. He indicated that some streets in the area only have a 4" base. An unidentified individual in the audience indicated that it was criminal neglect th~ay the City had originally con- structed the streets. The Mayor indicated that professional I I I I I I I I Minutes of February 26, 1968 engineers now reconunend what should be done with streets. He ~tated that the individuals shoul• OCD•~-1lecs i ih iiYee Jears Hand tated eha~ge ~ alteasance when the Council doesn't take professional advice. Councilman Kreiling indicated that the Highway Department believes overlay is adequate, that this is the City's fourth year of overlay and there have been no basic problems. He indicat- ed that the Highway Department had had a 15 year life of two inch mats on highways. Mr. Smith indicated that the 4700 and 4800 blocks of South Lincoln had been left out of this year's district and that they should be included. Councilman Lone indicated that it would be ill advised to pave these streets because of specific drainage problems on those blocks. Mr. Waggoner indicated the 4700 block would be proposed in the 1969 paving district, but not the intersection. John Shriner, 4900 South Grant, indicated that when he had build the area was in the County and that 'the County Code at that time was stronger than the City Code. He indicated that he desired no overlay in his area and that seal coat with gravel was desirable and sufficient. He had no opposition to improving the streets in his area. Robert Brown, 260 Chenango Circle, indicated that drainage water will wash out the overlay as it rushes around the northwest corner of Chenanqo Circle and South Sherman. He desired seal coating. Donald Bart, 4958 South Sherman, indicated he had contac~­ ed the developer of his area and the developer had stated the area was put in according to the Code. Mr. Bart idicated his belief that the City was neglectful in not maintaining the street with taxes. He indicated seal coating would provide protection for his area and that patchwork has been done. He indicated a street maintenance mill levy has been done. He indicated a street main- tenance mill levy would not be undesirable in his eyes. Council- man Lone asked Mr. Bart if he was in favor of complete repavement later or preventive care now with an overlay. Mr. Bart indicated that the decision was a big problem. Mr. Waggoner indicated most streets in this area were seal coated in 1960 and that the 4900 block on South Sherman has been tested. Thetest indicates that asphalting and base are not consistent ahd range from two inches of asphalt and 4 inches of base to l~ inches of asphalt and 6~ inches of b~se. One inch of asphalt is equivalent to 2 inches of base. ' Mr. Victor Daley, 5030 South Grove, indicated that his sidewalk has settled of its own accord. He wanted to know if the City could guaranty mud jacking wouldn't also settle and what protection he had from another flood. A discussion of general tax problems ensued. Mr. Waggoner indieated tm-t the City could not provide a money-back guarantee any more than a private contractor could. Mr. Waggoner indicated the estimated cost of mud jacking Would be approximately $1.35 per linear foot versus $3.25 per foot, plus cost of concrete removal, involved in new sidewalk construction. Mr. Daley indicated that he didn't desire street paving and that he has had bad drainage in his area for 10 years. Mr. Ray Ashbeck, 5026 South Linden, indicated the area was annexed by the City of Englewood and that the area was now presently eight years old. He indicated chuck holes were in the street and it took three years for the City to fill these. The holes are now presently filled and are sufficient. He then asked why his street was proposed for overlay. Mr. Waggoner indicated that the City patches all holes prior to the contractor moving in for paving and overlaying. Mr. A•hbeck asked why South England Court was topped and graveled last year without any cost to the owners when the street was only four years old. Mr. Waggoner indicated that the City seal coats all streets two years after they have been paved. Mr. Ashbeck indicated that maybe in three or four years this street would be ready for overlay. Mr. Wm. E. Kinney, 3300 block West Monmouth, indicated that the only time he sees policemen is when he calls one. He indicated that he doesn't get anything. He believes he deserves seal coating in order to try out its sufficiency. He indicated no street repairs had been made in his neighborhood and submitted a petition containing thirteen signatures of individuals opposed to Paving District No. 17. He also indicated his belief that rushing wa t er would curl overlay. Mr. Phelps, 4849 South Irving, asked if performance bond would cover contractor could not guarantee the base. Base 145 146 Minutes of February 26, 1966 failure would not be reason for holding a contractor liable. Mr. Richard Huff, 4830 South Washington, asked who paid for black topping on Clarkson from Tufts to Quincy. Mr. Waggoner indicated that Cherry Hills and the City of Englewood had each paid 50% of the cost and there was no assessment made against the property. Mr. Duane Weaver, 4851 South Washington, indicated it was his belief that Council was sensitive to the desires of the people. His sidewalk did need work and he further stated that if professionals believe his street will not last much longer then it is to his advantage to have it improved. He requested that his name be withdrawn form a petition he had signed. Mr. Richard Fenton, 4820 West Washington, indicated he resented the Acting City Clerk stating that a petition he sub- mitted "alleges" to have a certain number of signatures. Mr. Fen- ton indicated that there should be no question in anybody's mind that the signatures are authentic. Mrs. Paul Helt, 4821 South Washington, asked who pays for survey crews on the street. Mr. Dial indicated the City pays the cost and that surveys must be done in the field before the administration can make reconunendations to the Council. Mr. Trompeter, 4901 South Washington, submitted a peti- tion signed by four residents of the 4900 block on South Wash- ington protesting the paving district improvements in that block. Mayor Schwab, requesting further conunents from those in the audience and ' hearing none, suggested that the hearing be closed. COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call' of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: Councilmen Dhority, Fullerton. The Mayor declared the Public Hearing closed. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: Councilmen Chority, Fullerton. The Mayor declared the meeting adjourned. I I I I