HomeMy WebLinkAbout1964-05-18 (Regular) Meeting MinutesRBGULAR MBftillG:
COUBCIL CBAMam
CITY OP BlfGLDfOOD, COLOa!UX>
MAY 18, 1964
'fh• City council of th• City of Bnglewood, Arapahoe County, COlorado, met in
regular ••••ion on Monday, May 18, 1964, in the Council Cballbera, City Ball,
Bn9l9WOOd, at the hour of 8:00 P.M.
Mayor Love preaiding called the meetin9 to order and the invocation waa given
by City Manager Dial. ·
'fhe Mayor aaked for roll call. Upon th• call of th• roll, the followin9
peraona were preaent:
council.mens Allen, Braun, Fullerton, Banaon, JCreiling, Rice, Love.
Alao Preaenta City Manager Dial,
Adainiatrative Aaaiatant Malone,
City Attorney Bach,
City Clerk Bea•aang.
Abaenta Bone.
'l'h• Mayor declared a quorum preaent.
W.ALJCD SAl'nY AWAltD
'fh• Mayor read a citation to the Bngl.wood Police Department for the Walker
Safety Award granted by the Rational Police Officer'• Aaaociation of America.
Police c:hi•f Till .. n accepted the citation on behalf of the Bn9lewoocl Police
Department.
64144 RBLATIRG TO DRAIDGB IR 3100 8LOCX IOUftl LU'AYB'l'TB
llr. c:harl•• Dykatra, 3150 South Lafayette ltr .. t, •poke to th• Council with
regard to the open drainage ditch immediately adjacent to hi• property. Be apoke
of the unaafe, unaanitary, unhealthful condition that thia ditch provide•. Be
deplored th• fact that achool children from the nearby c:harl•• Bay Blementary
School would enter the adjacent open draina9e pipe and crawl into the pipe H"•Al •.
hundred feet.
Be pointed out that the adjacent alley waa being waahed out, at different
time he had aeen •ix foot deep water flowin9 throQfh the ditch. He aaked that
the ditch be cloaed.
councilman Braun inquired about th• ownerahip of the land over which the
water drain•. Mr. Dykatra preaented a plat froa a recent •urvey of hi• land which
••t forth •city of Bnglilwood llrainageway•. 'l'h• City llana9er noted that thia had
come before the Council and waa a tract in which llr. Jeltama waa intereated in
developin9. Diacuaaion enaued. Councilman Pullerton confirmed the very hazar-
doua condition and aituation in that the bank of the ditch waa twelve to fourteen
f .. t high and the bed of the ditch waa full of rubbiah and broken bottle•, cana
and atonea. He remarked that if a child atUllbled or alid down the bank he mi9ht
be aerioualy injured by the fall. Diacuaaion enaued.
The Mayor aaked the City Mana9er to deterain• the varioua alternatives avail-
able and make a reconmendation to the Council. COuncilllan Braun aaked that the
ainut•• from previoua meetin9a relatin9 to thi• ...... tter be prepared and
diatributed to the Council in advance of the next ... ting and that eatimate• to
cover or pipe the ditch alao be revi.wed, up-dated and pZ9•ented to the Council.
641-81 VACATimt OP ptRTIOll OP 3600 BLOCK SOtPftl LIRCOLll
Mr. Buah, Attorney repreaentin9 Mr. Bronatein owner of the Tucker Buildin9,
3600 South Lincoln, waa preaent to expr••• hi• objection to th• recoaaendation
of the Planning COllniaaion that th• aouth half of th• 3600 block South Lincoln
str .. t be vacated. Be pointed out that th• City of Sn9l-.wood hold• titl~ to the
atr .. ta throu9hout the City aa a truatee on behalf of all the citizen• of the City.
'!'be requeat of th• School Board for the vacation of a part of the atreet aystem
did not repreaent the 9eneral travelin9 public and it• needa. Be pointed out
that the atreet waa not abandoned, wa• n•c•••ary for th• u•• of the reaidenta in
the area and that in hi• opinion adequate acce•• waa not provided if the atr .. t
were vacated. Be aaked if the City could vacate it• truat under th••• conditiona.
Be pointed out that the propoaed vacation i• not a reaaonable aolution to
th• School Board'• problem in relation to Plood Junior Bi9h School. B• aaked the
School Board to withdraw it• requeat for vacation and received a denial from th•
Board pointin9 out that the vacation would beautify the area •• well •• protect-
ing pedeatriana. Be diacuaaed th••• reaaona and apointed out that protection
for th• pedeatriana by the wacation of the atr .. t waa not particularly effective
in eliainating the pedeatrian traffic but .. rely abifted it to another area. B•
au99eated overpa•• or underpaaa to provide -auivalent or auperiar aafety to the
pedeatriana.
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Minute• of May 18, 1964
Be pointed out further that the Tucker Building will loae many of ita ten-
ant• if the vacation ia approved and that under COlorado law the City may be
liable for the loaa due to the impairment of accea, to th• building which contri-
bute• to th• loaa.
Be introduced Mr. B. c. Hitchinga, Jr. 810 Pourteenth Street, member of the
American Inatitute of Appraiaera, aa well aa th• society of Reaidential Appraiaera.
Mr. Bitching• indicated that he waa acquainted with th• Tucker Building and the
iamediate vicinity and expreaaed an opinion that the propoaed vacation would re-
ault in aerioua loaa and damage to the equity of the owner• of the Tucker Build-
ing. He atated that it repreaented a confiacation of the owner'• equity aa it
effected the current aa well aa future tenant• in the very competitive office
rental condition existing in Denver at the preaent time.
Councilman Braun reported that he had given notice to th• owner of the
'l'ucker Building that when the atreet waa vacated that he would leave the off ice
which he baa rented aince 1956. Re atated thi• waa in line with his opinion
that continuing in th• Tucker Building waa aerioualy effect the ability of hi•
client• to reach hi• office, thereby effectin9 hi• buaineaa. Councilmen Rice
and Fullerton •poke generally for the vacation and au99eated the uae of direct-
ional aigna to provide inatruction on how to reach the Tucker Building. Diacua-
aion enaued.
Councilman Kreiling aaked that the matter be tabled until the maps and dia-
gr ... preaented at the council meeting can be atudied and the effect of the
vacation determined in each Council.man'• opinion.
council .. n Braun read Section 37 of the Municipal Charter and atated that
he waa both financially and peraonally involved in thi• matter, therefore, would
abatain on any vote called for. Diacuaaion enaued. The Mayor thanked Mr. Buah
for appearing and aaaured him and Mr. Bronatein that they would receive every
conaideration on thia matter.
RELATING TO DUS'!' PROBLlll 08 RARI'l'U S'l'RBBT
llr. J. c. Underhill, 1801 Weat Iliff Avenue, reported on the dirt and duat
haaard created by truck• carrying fill and fill dirt onto th• Kenneth Teuton
land located within Denver but carried over South Raritan Street. He pointed
out that the truck• were so loaded that material• fell on th• atreet and were
pulverised, foraing a very fine ailt like dirt and duat which waa atirred up
whenever one of the heavy truck• paaaed hi• houae. Be atated they did ao at
the rate of one every fourteen minute• and occaaionally until eleven o'clock
P.K. Be C01111ented that thi• continual dirt hauling for nearly a year Ila• re-
aulted in a layer of duat throughout hi• houae and illneaa of hi• children and
tboae of a neighbor in auch a manner that a doctor baa adviaed that if the fine
duat condition i• not corrected that lung injury may reault. He aaked that the
atr .. t be aprinkled, oiled or paved.
COuncil .. n Allen inquired how much longer thi• activity would be going on.
The City Manager reported that he had revi.wed thia point with Richardson• and
found that it would probably be the balance of the aumer. Be atated that the
truck• could be routed over another •treat but that thi• would not be th• anawer
to the probl... H• diacuaaed the apparent over-loading of the trucka, atating
that thi• could be verified and if the truck• are over-loaded and found to be
in violation a ticket would be iaaued. Be noted thou9h that any vehicle travel-
iNJ on th• atr .. t would atir up the duat and all would have legal right to uae
the atr .. t. Be reported on a recent converaation he had with Mr. Teuton with
regard to the aprinkling of the road when heavy hauling waa being done. Ho •CJr• ... nt waa reached. Re auggeated that private individual• apply oil to the
aurface aa a temporary solution to the problem.
The Mayor told Mr. Underhill that th• council would atudy the problem and
try to arrive at a remedy to the very bad condition• that exiat.
641-35 BIDS POR PtMPIHG STATIOR Alll> PIPBLillB
The Mayor aaked that the item on the agenda relating to the conaideration
of bid• on Pumping S*ation Ro. 1 be advance aa llr. w. w. Wheeler, Conaulting
Bn9ineer, waa preaent for thi• item and deaerved th• courteay of the council.
Mr. Wheeler preaented tabulation• of the bid• received and opened at 2:00
P.•. MST, Friday, May 15, 1964, aa followa1
Conatruction Company
Robert Dougan Conatruction Company
J • K Conatruction COmpany
catalina Conatructor•
... raon s. Bllett, Inc.
S. B. Linn ... n, Inc.
Bngineer'• Batimate
Total Bid
$283,000.00
336,128.01
338,560.05
373,255.00
388,045.00
394,000.00
Mr. Wh .. ler atated that he had reviewed the bida and the bidder• and would
reco .. end th• acceptance of the low bid aa that bidder haa a good reputation.
Minute• of May 18, 1964
COUBCIUIAIJ BRAD MOVBD, COUBCIIllAlf ICRBILDG ISCC*DSD, 'l'BAT THB RBCOlllBR-
n.no• BB RBCBIVBD MID ACTBD UPOlf Br AWARDim .,.. COft'IACT JOR TBB CORSTRUC'l'IOll
OP BmLBWOOD PWIPIBG PLOT lfO. 1 ARD PBRTillSlft' PIPSLIDI 'to ltOBBRT DOUGAii COR-
S'nUCl'IO• COMPANY FOR 'l'BE SUM OP $283,000.00 AllD 'lllA'f 'IRS MAYOR ARD CI'IY CLBRX
.. AUTllORIZBD TO DTBR Ilft'O A COllTRACT Oii BBllAl·P or m Cift.
Th• City Manager atated that he had received a certificate from the City
Treaaurer with regard to the availability of funda and that there waa an avail-
able caah balance from the laat Water Bond iaaue of f338,004.96 aa of April 30,
1964. 'l'h• queation waa called for. Upon th• call of th• roll, the vote re-
aulted aa followa:
Ayea: Counci~men Rice, Kreiling, Banaon, Pullerton, Braun, Allen, Love.
•aya: lfone.
Abaent: Rone.
'fbe Mayor declared the motion carried.
641-68 PUBLIC BBARIRG OR LIQUOR LICBllSB roa WSS!'... 8TBAX BOUSB
COWCILMAlf BR.AUii MOVBD, COUllCIIMAR l'ULLD'l'Om Ssocm>SD, 'IRAT THE PUBLIC HBAR-
Im Oii TllB APPLICATIO• POR A RBTAIL PUllBllTBD MALT UVDMB LICB9SB AT TBB
1fS8TBRll STBAK BOUSB BB OPBllBD. Upon th• call of th• roll, th• vote reaulted aa
follow•:
Ayea: Councilaen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love.
•aya: Rone.
Abaent: •one.
'!be Mayor declared the motion carried.
'l'h• Mayor aaked how many were preaent favoring the application. 'ftl•r• were
thirt .. n preaent. The Mayor a•ked how many were pr•••nt in oppo•ition. 'ftler•
were four preaent. The Mayor aaked tho•• who wi•hed to •peak at the public hear-
ing to att .. pt to be brief and conciae in their pr•••ntation and reduce to a mini-
mua the amount of repetition.
Th• City Clerk reported that he had received the application for Retail Per-
.. nted Malt Beverage Licenae (for aale of 3.2" beer only) on April 17, 1964 at ·
4145 P.M. 'l'h• application waa by •orton Singer and Stanley Singer dba Weatern
Steak Bou•• at 345' South Broadway, BnglMllOOd, that they will manage it, read
their letter• of reference and reported that th• application appeared to be in
order. Be alao notified th• Council that h• had prepared a •ign for po•ting on
the pr .. i••• and provided for publi•hing of the notice of th• hearing on the app-
lication.
Mr. Richard Si.JM>n, Attorney for the applicant•, pointed out that the licen••
i• not a liquor licenae contrary to the wording in th• publication and poating.
B• reviewed that th• requirement• for the i•auance of a 3.2 Beer Licenae were that
the applicant• be citizen• of good character. The council mu•t conaider the rea-
aonable requirement• of the neighborhood and deair•• of the inhabitant• and that
they .. Y make reaaonabl• reCJUlation• of 3.2 Beer operation•.
Be pointed out that th• particular applicant• d••ir• a licenae to •ell 3.2
beer aa an accomodation to their cu•tom•r• who frequeat th• delicate•aen operation
of the buaineaa. The applicant• do not intend to make any baaic change in the
.. thod of operation and will not in•tall a bar nor aerv• anyone under 21 year• of
age, unl••• over 18 year• and accompanied by their parent• of guardian.
Mr. Simon pointed out that to hi• knowledge there were only two other 3.2
outlet• in Bn9lewood, n ... ly, Bn9lewood Lane• and lelleview Bowl and that none
were located in the downtown area where a need for a 3.2 beer outlet exi•ta. Be
pr•••nted a petition circulated within the Weate~n Steak Bou•• premi••• and •iqned
by the cuatomera of the Weatern Steak Bou••·
'l'he heading of the petition favoring th• i•auance of th• licenae aigned by
th• cuatomera waa read a• follow•:
Gentl ... n1
"PBTITIOR
'1'o th• City council of the City of
Bn9lewood, Colorado
We th• undaraiqned citizen• of voting age, who are cuatomer• of the We•tern
Steak Bouae, reapectfully petition and requ••t you, th• local licenaing authority
to approve the application of Morton Singer and Stanley Si9cJer dba We•t•rn Steak Bou•• at 3457 South Broadway, for a Retail Permented Kalt levera9e Licenae for aale
of 3.2" beer only at 3457 South Broadway, Bnglewood, COlorado.
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Minute• of May 18, 1964
We believe th• reaaonable need• of th• eo1111unity require auch a licenae, and
by thi• petition, expr••• our deaire• aa cuat.oaera that aaid application be approved.•
Th• petition bore 100 aignaturea ••cured by Stanley and •orton Singer and
notarized to that affect. A ••c:ond group of petition• aigned by citizen•, buai-
n•• ... n er reaident• of the area were circulated bearing th• following heading:
Gentl-n:
"PBTITIO•
To th• City council of the City of
Bnglewood, COlorado
We, the underaiqned citizen•, buain•••men and reaident• of voting aqe of the
City of Bnglewood, COlorado, reaiding or conductift9 a bu•in••• in the vicinity of
3457 South Broadway, in the City of Bnglewood, reapectfully petition and requeat
you, th• local licenainq authority to APPROVS th• application of llORTOR SIEBR and
STAllLBY SDIGBR, doinq buaine•• aa WBSTBRll 8TSAX llDUll at 3457 south Broadway, for
a Retail Fermented Malt Beverage Lic•n•• for ••l• of 3.2" beer only at 3457 South
Broadway.
We believe the reaaonable need• of the co tunity require auch a licenae, and
by thi• petition, expr••• our deaire •• an inhabitant that •aid application be
approved.•
There 513 aignatU8•• on the above petition•. Mr. Simon noted that each pe-
tition waa notarized •• to the aignaturea being that of th• peraon purported to
have aigned the petitiona •.S·lllaae all of the circulator• of the petition were pre-
••nt if the Council deairea to queation th ...
Mr. Simon introduced Mr. Stanley Singer, 6500 South William• Circle Baat,
Littleton, Colorado, •• one of the partner• and applicant for the lic•n••· Be
brought out that he h•• been a reaident of Arapahoe eouaty for the laat two and
one-half year• and that the Weatern Steak Bou•• had been eatabliahed approximately
two year• ·.aqo. The aale of delicat••••n it_. waa added approximately three month•
ago and ha• been very aucceaaful. Thi• reaulted in .. ny cuatomer• requ••tinq that
beer be provided with the corned beef aandwich••· Be ••t out that no change in
fixture• or inatallation of a bar waa anticipated, that a aign would be poated
that no one under twenty-one would be aerved unl••• accompanied by a parent •nd
over eighteen. Diacuaaion enaued. councilman Braun inquired whether beer only
would be ••rved. Mr. llorton Singer replied that one or two beer• would be served
alone without food but that he did not intend ••rvin9 more than two under any caae.
Mr. Simon introduced Mr. Horton Singer, 5591 saat Gill Place, Denver, a
partner in the buaineaa and applicant for the licen••· Be reported that every
attempt would be made to keep the same cuato•r• which they have now. He empha-
aised that they were not going to have a bar or tavern operation in any reqard.
Councilman Ranaon reported on a converaation he had had with Mr. Norton
linger a abort time ago, that there were difficulti•• developed in the operation
of a tavern which they did not deaire to have again. B• aaked if thi• were true.
Mr. Singer replied that he and hi• brother did have a tavern approximately two
and a half year• ago in Jefferaon county with a three-way liquor licenae. '!'here
bad been no complaint• again•t their operation of th• tavern but that they would
auch prefer not to be in that buaine•• again and th• propoaed aale of 3.2 beer
would not be aimilar in any reqard.
Mr. Simon aaked Mr. Virgil Well•, 3380 South Mart.ea .. Street, to apeak. Mr.
Well• •tated that he had aiqned the petition for the licen .. and remarked the
Si.IMJ•r brother• had made a nice eating place out of the Steak Bouae, aomething
m.dly needed in the downtown area. Be comwnted that -ny people liked to drink
a beer with a aandwich for lunch and bar• do not aerv• thi• need.
Mr. Simon introduced Mr. Grigg• Dayton, 590 ... t er....ar &venue, operator of
the .. rvice atation at 3490 South Downing, who atated that he had been acquainted
with th• linger• for two years and aigner of thepetition for granting the appli-
cation. Be commented that it wa• hard to get a CJood •••l aerved with beer and the
only place nearby i• Lutz'• Reataurant which i• a little too far and expenaive.
Mr. Simon introduced Mr. B. J. Rorgaard,6699 South Lincoln Street, Littleton,
owner of a pharmacy at 3460 South Broadway, who waa favorable to the application.
Be •tated that the reaaonable requir-nta were not being filled, he did not think
of any other outlet aelling 3.2 beer with a ... 1 in Sn9l8WOOd.
Mr. Simon introduced Mr. Denni• B. Gorkin. 1552 South Cherry Street, Denver,
owner of the Bngl.wood Meat Market who had known th• lin9er brother• for four year•.
Ba •tated that he felt there waa a need and that there waa no place to go for a
beer except to a regular bar and beaidea he liked to take the family to a place
where it i• clean and yet he could buy a beer if be wanted.
Mr. Simon introduced Mr. Norri• riaher, 50 louth Budora Street, owner of
Grahall Purniture Store• who had known the Singer 8rother• for more than ten year•.
Be atated that he could •peak for hillaelf but that he waa lookinq forward to having
a place where he could get delicatea•en food and beer for lunch. He aaid it would
be very handy for him.
Minute• of May 18, 1964
llr. Simon atated that he waa through preaentinq hi• witn•••••· 'l'he Mayor
aaked if anyone el•• were preaent to •peak. llo one •l•• indicated that they
wiahed to apeak.
'l'h• Mayor aaked for tho•• who were oppoaed. llr. M. M. •--r•, 3140 south
Delaware, indicated that he wiahed to •peak a9ainat the application.
Mr. Suamera atated that although the preaent applicant waa planning to uae
the .... hour• and plan• to refuae to ••rv• beer to tho•• under twenty-one that
he did not believe that it would continue thi• way lon9. Be co ented that it
waa not leqal to refuae to aerve aomeone who waa over eighteen and under twenty-
one and deaired to purchaae a beer. He produced a bottle of beer and placed it
on the council table and indicated that if he had a bottle of whiaky there alao
that the only difference between the two would be the percentage of alcohol in
the bottlea. Be ••id that he waa uaing thi• illuatration to point the danger of
3.2 beer to the Council and the citizen• of Bft9lewood. Be atated that there waa
very little if any practical difference between 3.2 beer and other beer• and that
a problem with teenager• would very likely reault. Be emphaaised that there were
•ix outlet• in the 3400 and 3500 block• South Broadway who either ••11 beer by
the drink or bottle and that thi• surely aatiafied the need• of th• co ... unity.
Be diacussed the deaire of the present owner• to continue the operation juat
aa they are with the addition of beer for the convenience of their cuatoaera. Be
noted that practically •peaking that thi• waa not poaaible aa there would be a
tendency for th• clientele would change with fewer wo .. n and children frequent-
ing the location and with this change either the hour• would have to be lengthened
to continue to make a profit or perhap• the profit would be ao great that addi-
tional profit would be sought by lowering the aervice liait to eighteen and in-
cr .. aing the hour•. Be •poke further that once the licenae i• iaaued ahould the
preaent operator• be able to control the aale aa they propoae there i• no guar
anty that the buaine•• would not be aold and that the aubaequent owner would hold
to the aame high atandard• that the Singer• propoM. Be noted that he waa not
queationing the integrity or the character of the applicant•, but merely indicat-
ing what could happen in the normal courae of event•.
Be preaented counter-petition• to the Licenae. Be read the title of the
petition •• follow•:
"PBTI'l'IOR
We the underaiqned citizen• of Englewood, COlorado, and living in the vicinity
of 3459 South Broadway do hereby protest the iaauance of a 3.2 Beer Licenae -
Fermented Malt Beverage, to Norton Singer and Stanley Singer, to aee auch product•
at the above named addreas.
We feel that there i• no need for such a place, there being four liquor out-
let• in the 3400 block of South Broadway and two in the adjoining blocka, and
that further outlet• would be injurioua to the health, peace and aafety of the
inhabitant• of thi• neighborhood."
'!'be City Clerk entered the petition aa Bxhibit •A• of the opponent•. Mr.
sumaer• atated that the petition bore 178 aiqnaturea, which waa all they attempt-
ed to aecure. Be pointed out that previoualy the opponent• to a liquor licenae
have ••cured as high aa 2,300 signature• againat the iaauance, but realized that
it i• not only the number of name• but the reaaona for the objection that are
iaportant, accordingly they aecured 178 name• at thi• time. Be reported that he
bad no witne••••, that the matter waa •imply one of Council'• jud911ent aa to
whether it deaires a 3.2 beer hang-out located in the center of Bnglewood.
The Mayor aaked if anyone el•• were preaent to apeak in oppoaition. Mr. Joe
Atencio, 3425 South Broadway, repreaenting himaelf and h&• own view• although he
waa also aaked to repreaent John W's, but i• not doing so at this time, asked to
•peak.
llr. Atencio •poke for the record, that he objected to the notice aa being
inaufficient: setting forth, Application for Liquor Licenae, rather than being
3.2 ... r Licenae. Be objected further to the petition• filed in aupport of the
application.
Be pointed out that the Council muat make it• deciaion baaed upon the public
intereat aa well a• the need• and deairea of the eo1111unity.
Be .. de a further objection again•t the publiahed notice aa being inadequate.
Be remarked that he waa not objecting againat liquor aa auch, but the •triking
againat youth, tho•• between eighteen and twenty-one, who would be affected by the
iaauance of the licenae and what it may do to thea during their formative and
educational yeara.
Mr. Atencio diacuaaed the proposed refuaal to aerve per80na between eighteen
and twenty-one and atated that it i• illegal a• the licen•• in thi• area i• a
matter of State concern over which even a home rule city ha• no apecif ic juriadi-
ction. Be expreaaed further the point that eight .. n year old• could not be kept
out of the outlet and could remain there indefinitely •• long aa they did not create
a diaturbance. Be expreaaed the view that parent• of children in thi• age group
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Minute• of May 18, 1964
object to an outlet in the downtown area aa it ia much more attractive and in-
tere•ting than one at th• edge of the City where traffic .. Y be con•iderably re-
duced. Be alao noted that the propoaed aite waa within eaay walking diatance of
the Senior High School. Be reported overhearing r ... zka by youth with which he
ha• conaiderable contact a• to it being real handy and expr•••ing the hope that
80llething •bot• waa on the juke-box. Be expreaaed the vi.w that the preaent houra
of operation• of the Steak Bouae are reaaonable, but that once again the City ha•
no regulation on th••• outaide of what ia provided by •tat• atatute, which allow•
an outlet to be open until midnight.
Be ..aphaaized that the Council muat deal in the future and ita potentialitiea.
Iaaaance of thia licenae would be like the opening of •Pandora' a aox• eapecially
in light of the impending •hopping development in the downtown area, aa well aa
••tting a precedent for further iaauance of 3.2 ... r Licen••• under •imilar condi-
tion•.
B• aumaarized by atating hi• ·poaition waa baaed upon peraonal beliefa and
obaervationa in dealing in youth programa, a• well a• th• fact there ···are auf-
ficient outlet• (three in Bnglewood), that the r••identa of the neighborhood do
not deaire the outlet and generally iaauanc• of th• licenae would be against public
good.
Mr. Richard Simon in rebuttal off.red the following c01111Mtnts. He •tated that
State law provide• for •eaaonable reatrictiona upon the operation of 3.2 Beer out-
let• and that the houra of opening and reatrictin9 th• aal• of beer waa in hia
opinion a very reaaonabl• reatriction. Be emphaaised that tb• applicant• had
told the Council they would continue t09P9rate aa they are at the preaent time.
lie pointed out that buaineaamen can refuae to aerv• peraona and not be found in
violation of any of the atatutea. He reported upon hia experience aa an attorney
for the nearby racetrack.
Mr. Simon reminded the Council that liquor i• morally legal and that the de-
ciaion ia to be baaed upon the needa of the coaaunity and the deair•• of the neigh-
borhood. Be emphaaized that what i• propoaed ia not a hang-out nor a beer parlor,
but the •al• of beer with aandwiches, with meal• and very •••tricted aale of b .. r
by it••lf.
'fh• Mayor aaked for rebuttal by tho•• in oppoaition. Mr. M. M. SWllllera
atated that granting a 3.2 Beer Licenae ia a permanent item, that in the pa•t
the only wa• that a 3.2 outlet that waa undeairable waa cloaed up waa to have it
burn down. Be pointed out that the applicant• had operated a liquor outlet be-
fore and aold it. Be predicted that in time, if th• licenae waa g•anted that a
3.2 beer hang-out would reault.
Mr. Atencio diacuaaed the rea•onable regulation• of 3.2 were not aet forth
by atatute and aublllitted aa an exhibit of the opponent• page aix of the Colorado
3.2 Beer Act (Chapter 75, Article 1, CRS 1953, aa ... nded to July 1, 1963) and
Rulea and Regulation• (Reviaed and Amended to July 1, 1963) publiahed by Byron
A. Anderaon, Secretary of State, Denver, Colorado. '!'he City Clerk did not mark
a book aa an exhibit aa it would be readily available in printed form.
Mr. Atencio aummarized objection• to the iaauance of th• license aa being
th• lack of need for the outlet and that the reaidenta of the area did not deaire
iaauance of the licenae.
COU•CIIllAll RICB MOVBD, COUJICILMAIJ PULLBR'l'O• ISCOllDBD, 'l'llA'l' THB PUBLIC BBARI•G
BB CLOSBD. Upon the call of the roll, the vote reaulted aa follow•:
Ayea: Councilmen Rice, Kreiling, Banaon, Pullerton, Braun, Allen, Love •
.. ya: Rone.
Abaent: Rone.
'fhe Mayor declared the motion carried.
RBCBSS
Th• Mayor declared a receaa of the Council at 10145 P.M.
CALL TO ORDBR
t'he Mayor called the meeting to order at 11183 P.M. with the following peraona
preaents
Councilmen Allen, Braun, Pullerton, Banaon, Kreiling, Rice, Love.
t'h• Mayor declared a quorum p~•••nt.
632-34 RBLA'l'IRG '1'0 PavIE DISTRICT llO. 14 BOGS
Public Bearing on Ordiance for Iaauance of Bonda
cou•CJLMAll MAUii llDVBD, COUJJCILMAll tuLLDto• &aoom>BD, 'l'llA'l' TBB PUBLI c BBAR-
Im u OPmD. Upon the call of the roll, the vote reaulted aa followa:
Minute• of May 18, 1964
Ay••• councilmen Rice, Kreiling, eanaon, Fullerton, Braun, Allen, Love.
Bayas llone.
Abaent: None.
t'h• Mayor declared the motion carried. He aaked if there were anyone preaent for
the public hearing. There waa no one.
COUllCILMAN BRAUll MOVED, COUllCILMAN PULLBRTOS ISCOllDSD, TBAT THE PUBLIC BBARillG
BB CLOSBD. Upon the call of the roll, th• vote reaulted aa fOllowaa
Ayeaa Councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love.
Raya a None.
Ab••nt: None.
The Mayor declared th• motion carried.
641-68 RBLATillG TO APPLICATION FOR 3.2% BBBR AT WSS'IDll STBAI< BOUSE
councilman Kreiling aaked that a• many peasmon• were •till pr•••nt on the mat-
ter of th• Weatern Steak Bou•• that aome action by the council ahould be taken.
Diacuaaion enaued. 'l'he City Attorney coanented that there waa no required in the
iaauance of th• 3.2% Beer Licen•• for the findin9 to be iaaued within thirty days
after the public hearing. Diacuaaion enaued.
councilman Braun inquired a• to th• text of th• llotic• of Bearing and poating
for the 3.2% application aa queationed and challen9ed by th• opponent•. The City
Attorney comaented that h• felt the wording waa 199al and adequate. Councilman
Braun aaked that th• application be conaidered further.
COUllCIIMAll BRAUit MOVED, COUllCILMAN RICB ssoom>m, 'l'HA't 'ftlB APPLICATION FOR
'1'llB ISSUARCB OP TBB 3.2" BDR LICDSB TO WBSTDll &!'MK llDUIB BB TABLBD. Upon the
call of th• roll, th• vote reaulted a• followaa
Aye•: council•n Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love.
Rayas None.
Abaenta llone.
The Mayor declared the motion carried.
632-44 ORDDIAllCB ISSUillG PAVING DISTRICT BOlll>S 08 SSCOllD RMDIBG
Introduced a• a Bill by Councilman Rice
BY AUTHORITY
ORDINAHCE HO. 8, SBRIBS OP 1964
All ORDillAllCB Atn'HORIZIBG THE ISSUANCE OF CITY OF BllGLBWOOD, COLORADO, PAVING DISTRICT
ao ·. 14 BOlll>S AllD PROVIDillG POR THE PAYMENT OP SAID BOllDS Alll> Ill'l'BRBST THEREON.
(Bill for ordinance copied in full in official minute• of May 4, 1964)
wa• read by title only.
COUBCILMAN PULLBRTON MOVED, COUllCIIllAR BARSOR SBCORDBD, THAT ORDIDNCB RO. 8,
SBRIBS OP 1964, BE PASSED ON SECORD MID FINAL RMDillG AND ORDBRBD PUBLISHED IR FULL
IR 'lBB BllGLBWOOD HERALD AND IDl'l'BRPRISB. Upon the call of the roll, the vote reaul-
ted a• follow•:
Ayea: councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love.
Rayas llone.
Ab-nt 1 None.
'l'h• Mayor declared the motion carried.
631-6 PROCBBDI!IJS OP PLARllING ARD ZONING C<»IMISSIOS MBBTillG OF MAY 6, 1964
The Mayor aaked that the minute• be received and placed on file.
641-81 RELATING TO VACATION OF PORTION OF 3600 BLOCIC SOU'ftl LISCOLH ARD 'ftlB LINCOLH-
SHBRMAll ALLBY
'l'he City Clerk read the following recoanendation fro• th• City Planning and
ZOninq COamiaaiona
•'l'h• Planning eoa..i .. ion recommend• to th• City Council the proper
vacation of a portion of the 3600 block south Lincoln and the Lincoln-
Sheraan alley aa requeated by School Diatrict No. 1 be approved and
that dedication of the propoaed new ace••• road be accepted, aubject
to any neceaaary eaaementa. Attention auat be given to the proximity
of the propoaed roadway to the properti•• abutting the achool diatrict
aite on the north, and to the traffic created thereby, which would be
offenaive to the reaident• of tho•• properti••· Conaideration •hould
be given to parallel rather than angle parking adjacent to the apart-
ment houae at 3650 south Lincoln, in order that a more adequate screen-
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Minutes of May 18, 1964
inq •trip can be inatalled and to the inatallation of a buffer adjacent
to the property at 3651 south Sherman in order that th• roadway will
not be ao cloae to the residence. Further, th• drainage plan muat meet
th• approval of the City Engineer.
COUllCIUIAR ALLD MOVBD, OOUlfCILMAB PULLBR'1'01f SBCmDBD, THAT 'l'HE REcaomRDATION
BB RBCBIVBD. Discussion ensued.
Upon the call of the roll, the vote resulted as followas
Ayeas councilmen Rice, Fullerton, Allen, Love.
Sayas COuncil .. n Kreilinq, Hanson.
Abatainings councilman Braun.
Absents llOne.
'1'be Mayor declared the motion carried.
councilman Braun noted that no one from th• apartment house or other residents
of th• area were preaent. He stated this waa a qu .. tion of do you want a play-qround
or parking lot and driveway next to you. Raturally they preferred the parkinq lot
and driveway to a play-ground.
councilman Rice reported upon the conaideration given this matter at the recent
Planning COmnission meeting. He stated that most of th• objections and comments
in oppoaition to th• vacation h~d been made at th• Planninq OOllllliasion hearinq and
the alternate possibility of a r amp or stairs were not feasible from the standpoint
of apace and pr•••ntinq an attractive nuisance. Discussion ensued. .The Mayor
•• arized that perhaps in order to giwe th• City council th• benefit of all the
discussion before the Planning Comlliaaion that a public hearing before tl)e Council
should be held. Councilman Kreiling explained his •11o• vote •• a protest to the
fact that the mapa presented at th• Council .. •ting were not available for the
conaideration of th• councilmen at the same as th• Planning COmni••ion minutes were
diatributed to them. Be noted further that aeveral question• which have ariaen
have not been anawered through th• information available to the Council.
OOUllCILMAll FULLBRTOR MOVBD, COUJICIUIAH KRBILI•G SBCOllDBD, 'l'llAT A PUBLIC HBARDJG
09 '1'118 SUBJBC'l' BB BBLD OR '1'llB Pift'BBll'l'H OP JUD BY WRIT'l'BR lfO'l'ICB TO ALL 'l'HOSB IR
'ftlB AR.BA WHO ARE COlfCBRllBD. Councilman Braun agreed that a apecif ic notice by
card i• much preferred over a leqally published notice. Upon the call of the roll,
th• vote resulted as follows:
Ayeas councilmen Rice, Kreiling, Hanson, Fullerton, Allen, Love.
Raya: 11one.
Abatainings Councilman Braun.
Absents llone.
The Mayor declared the motion carried.
641-5 PROCBBl>IlfGS OP BOARD OP CARBBR SBRVICB OC»OIISSIORBRS MBBTIRG OF MAY 14, 1964 I the Mayor a•ked that th• minute• be received and placed on file.
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641-7 PROCBBDIRGS OP WATBR AllD SBWBR BOARD MBBTIRG OP MAY 11, 1964
'lh• Mayor asked that the minut-be received and placed on file.
641-8 PROCBBDIIJGS OP PUBLIC LIBRARY BOARD MBBTilfG OP MAY 12, 1964
'ftle Mayor asked that the minutes be received and placed on file.
641-82 Relating~ Library Housing
!he City Clerk read the followinq recolllll9ndation of the Public Library Boards
•1t is the opinion of th• Bnglewood Public Library Board and the
Library Sub-coamaittee of th• Citizen•' Advisory COamittee that
(1) Our first preference i• for a separate Library building
•inc• the City Ball and Library have separate function•
and purpo•••: and it i• desirable to preserve the
separate identity of the Library.
(2) In th• event that thi• i• not feaaible, the Library
Board'• second choice would be to locate th• Library
in the llOrgren building provided that th• entrance
into the Library will be situated to provide maximum
attractiveness, viaibility, and accessibility in re-
lation to the flow of traffic into the ahoppinq center.
•
•
Minute• of May 18, 1964
OOUllCIIM.!UI BMUIJ MOVBD I OOUlfCILMAR FULLBR'l'Olf SBCOBDBD I THAT THE RBCOOIBlfDATIOlf
U RBCUVBD POR l"UR'l'BBR STUDr.
Adainiatrative Aaai~tant Malone reported that he had received word from the
City Librarian that th• reco ... ndation waa not intended for the City council, but
for th• full Citizen•' Action OomDittee from the Library Sub-coanittee of that
larger co-.ritt••· Diacuaaion enaued.
COUllCIUIAll BRAU11 WITllDRBW HIS MOTIOR, OOUllCILMAll l'ULLBR'l'Olf WITHDRBW HIS SBOOBD.
632-68 RBLATillG TO LICBRSB DD JUIGULATORY PBBS
Introduced aa a bill by councilmen Ric• and Kreiling
BY AtJTHORITr
ORDillAllCB llO. 9, SBRIBS OP 1964
All OllDJDEB .AMDDIIJG 'l'BB MUBICIPAL CODB OP 'l'BB CITr OP BIJGLBWOOD, COLORADO, BY
AIJDJm 'lllBRS'fO A BDf SBCl'IOS 17.14 LBVYilfG A LICB9SB PU POR '1'llB PRIVILBGB OP
CAllftim Oii OR BmAGillG Ilf CBRTAIR BUSIDSSBS, ftADBS OR OCCUPATIORS WI'l'llIR 'ftlB
Cift or DGLBWOOD, COLORADO, PIXIIJG THI AMOUllT BBUOP, Al1D PROVIDIRG TBAT IT SHALL
BB ~Wl'UL POR ARY PBRSOlf TO CARRY Oil OR BRGAGB IR SUCH BUSIDSS, TRADB OR OCCUPA-
TIOll WITHOUT FIRST HAVIRG PAID SUal LICBRSB PBBS, All!> PROVIDilfG PBRALTIBS POR 'l'BB
VIOUTIOR 'ftlBRBOP.
(Bill for ordinance copied in full in official minute• of May 4, 1964)
waa read for the aecond time by title.
COUllCILllAll KRBILillG MOVBD, oomtCIUIAll ALLBR SBCOllDBD, 'l'BAT ORDillAllCB IK>. 9,
SDIBS OP 1964, BB PASSBD Ofl1 SBCOllD AllD PillAL RMDI9G MID ORDBRBD PUBLISBBD IR
PULL Jlf 'ftlB DIGLDfOOD BBRALD ARD D1TBRPRISE. Upon the call of the roll, the vote
reaulted aa followas
Ayea: councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love.
•ayas llone.
Ab-nts lfone.
'fbe Mayor declared the motion carried.
641-53 RBLATilfG TO PARXIllG Oil DOWl1'1'0Wlf STRBB'l'S
Introduced aa a bill by councilman Hanaon
A BILL
Im All OltDIDlfCB AMDDillG SBCTION 25.20-8 (a) OP '1'HB MUlfICIPAL CODB OP THB CITY
OP BllGLBMOOD, COLORADO, TO alABGB THE PARXJ:llG TIME LIMIT OR CBRTAIN STREETS PROM
OD BOUR TO TWO HOURS.
BB IT O ... IRBD BY '!'RB CITr COUllCIL OP 'l'llB CI'ft OP IDIGLBWOOD, COLORADO:
Section 1. Section 25.20-S(a) ef the Municipal COde of the City of Bn9lawood,
OOlorado, i• hereby •ended to read aa followaz
•(a) TWo Hour Limit. In accordance with aection 25.17~35, and when aiqn•
are erected giving notice thereof, no peraon •hall park a vehicle for a period of
~i .. lonqer than two hour• between the hour• of 9100 a.m. and SiOO p.m. of any day
except Sunday• and public holiday• within the diatrict or upon any of the atreeta
aa follow•:
Baae of Street
South Broadway Street
South Acoma Street
South Lincoln Str .. t
Girard Avenue
Weat Floyd Avenue
Portion Affected
Prom Yale Avenue to Kenyon Avenue, except
aa followaz
1. 'no parking, mail letter• only' on
Baat aide of South Broadway, extending
45 feet South of preaent driveway
lforth of poatoffice.
2. '15 minute parking' on the Baat aide
of South Broadway extending from above
zone 65 feet further South, to aerve
poatoffic• &,atrona •
......
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Prom Weat Ployd Avenue to Weat Hampden
Avenue.
Prom Baat Girard Avenue to Baat Jef feraon
Avenue.
Prom South Acoma Str .. t to south Lincoln
Street.
Pro11 South Bannock Street to south Broadway
Str .. t.
:1
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•m of Street
Ba•t Ployd Avenue
Minute• of May 18, 1964
fortion Affected
Prom south Broadway Street to south Lincoln
Str .. t.
P•••ed on Pir•t Reading by the City Council of the City of Bnglewood, Colorado,
thi• 18th day of May, 1964, and ordered publiahed in full in the Bnglewood Herald
and Bnterpri••·
Mayor
Aft88T1
waa read
OOUllCILllAll BAllSOR MOVBD, COUHCILMAR ALLBB SBOOllDBD, 'DIA'!' 'l'llB PROPOSBD BILL
U PA88BD Oii PIRST RBADIRG Al1I> ORDBRF.I:> PUBLISBBD IR l'ULL IR 'ftlB BRGLBllOOD BBRALD
A.Ill> &WIBRPRISB. Upon the call of the roll, the vote reaulted aa follows:
Ayea1 Councilmen Rice, Kreiling, Banaon, Fullerton, Braun, Allen, Love •
.. ya1 Rone.
AbHnt1 Ilona.
!'be llayor declared the motion carried.
641-75 RBLA'l'IllG TO PARJCIHG TIME LIMIT' OR PARX-R-SBOP LOT
Introduced a• a Bill by councilman Fullerton
A BIU.
POil All ORDillAllCB Al'DmIRG '1'llB MURICIPAL CODB OP '1'llB Cift OP BRGLBWOOD, COLORADO, BY
CS~Im '1'llB PRBSBll'l' DBSIGllA'l'IOR OP SBCTIOR 25.20-8, SUBPARAGRAPH (a) TO SUBPARAGRAPH
(d) Am ADDillG mBRBTO A RBW SUBPARAGRAPH (c) C&AmillG TllB 2 BOUR PARKING LIMIT
Oii tllS Cift PAIUtillG LOT TO 3 HOURS.
BB IT O~IllBD BY TBB CITY COWJCIL OP TBB Cift OP DGLD«>OD, COLORADO:
l!ction 1. Subparagraph (c) of Section 25.20-8 of the Municipal Code of the
City of Bn9lewood i• hereby redeaiqnated aa Subparagraph (d).
l!ction 2. !'here i• hereby added a new Subpara9raph (c) to Section 25.20-8 of
of the Municipal Code of the City of Bnglewood which ahall read aa follow•:
v •2s.20-8(c) Three Bour Limit. In accrodance with Section 25.17-35
and when aiqna are erected givin9 notice thereof, no peraon •hall
park a vehicle for a period of time longer than three (3) hour•
between the hour• of 9:00 a.m. and 5:00 p.m. of any day except
Sunday• and fUblic holiday• upon the City Parking Lot deacribed
aa follow•: '1'he property deacribed aa the city parking lot
bOunded by South Bannock and South Acoma Str .. t• and W~at Ployd
Avenue and Weat Girard Avenue." ·
Pa••ed on Pirat Reading by the City Council of the City of Bnglewood, Colorado,
thi• 18th day of May 1964, and ordered publiahed in full in the Bnglewood Herald
and Dlterpriae.
Mayor
AftBST:
waa read in full for
OOUllCILMAll 1"ULLBR'l'OR MOVBD, COUHCILllAR ALLBR SBCOllDBD, '!BAT '1'HB PROPOSED BILL
BS PA88BD OR PIRST RBADIRG ARD ORDBRBD PUBLISBBD IN PULL IN 'l'BB BNGLBWOOD HERALD
A.Ill> &W'f'BRPRISB. Upon the call of the roll, the vote reaulted aa follows:
Ayea1 Councilmen Rice, Kreilinq, Hanaon, Fullerton, Braun, Allen, Love.
Minute• of May 18, 1964
Raya: llone.
Abaent: Ilona.
'l'h• Mayor declared the motion carried.
Amending Park-R-Shop Lea•• Agreement
'l'he City Attorney reported that the propoaal called for a change of the park-
ing limit to three hour• on a trial ba•i•. Re reCOlllllended that the amendment to
th• agreement be approved. Diacuaaion enaued.
OOUllCILMMJ FULLBRTOR MOVBD, OOURCILMAR RARSOR SBCONDBD, THAT THE AMBNl»IBN'l'
TO no: AGW-IDIT WI'l'B SBOPPillG CBllTBRS, INC., RBLA'l'IRG TO TBB PARJC-R-SBOP PARKIRG
IDT BB APPROVBD MID 'l'BA'l' 'l'BB MAYOR AND CI'l'r CLBRK BB AU'l'BORIZBD TO SIGN THE
AGRBIMBllT OH BBHALF OP '1'BE CITY. Upon the call of the roll, the vote resulted a•
follow•:
Aye•: Councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love.
Raya: Ilona.
Abaent: llone.
'1'h• Mayor declared the motion carried.
641-73 RBLATillG TO VACATIOR IN BLOCK TWO, BAMPDBR BILLS SUBDIVISION
Introduced a• a Bill by Councilman Fullerton
A BILL
POR All ORDillAllCB VACATIHG TBB BAST TD (10) PBBT OP LOT 13, BLOCK TWO (2) HAMPDBH
BILLS SUBDIVISION, CITY OP BHGLBWOOD, ARAPAHOB COUR'l'r, OOLORAJX>.
BB IT ORmIRBD BY THE CITY COUNCIL OP TRB CIT!' OP DIGLBWOOD, COLORAIX>:
Section 1. That the hereinafter described property located in the City of
Engl.wood, Arapahoe County, Colorado, be and hereby i• declared vacated pursuant
to the proviaiona of Section 13, Article 1, Chapter 120, Colorado Reviaed Statute•
1953, •• amended, and that title thereto shall veat in th• owner• of abutting land,
a• provided in •aid Chapter 120: said vacated land being particularly deacribed a•
follow•:
The Bast Ten (10) feet of Lot 13, Block 2, Hampden Bill• Subdiviaion,
City of Bnglewood, Arapahoe County, Colorado.
Section 2. That the hereinabove deacribed land i• located entirely within
the City of Bnglewood, Colorado, and doe• not conatitute a boundary line between
the City of Bnglewood and any county or other municipality.
Section 3. That the vacation of the hereinabove deacribed property will not
leave any adjoining land without an eatabliahed public road connecting said land
with another eatabliahed public road.
Paaaed on Pir•t Reading by the City Council of the City of Englewood, Colorado,
thi• 18th day of May, 1964, and ordered publiahed in full in the Bnglewood Herald
and Sntemriae.
Mayor
AftBST:
waa read in full for
COUllCILMAll FULLBRTOll MOVBD, COUllCILMAll DBILillG SSOOllDBD,TBAT 'l'BB PROPOSBD
BILL POR All ORDillAllCB BB PASSBD OR FIRS'!' RBADIE MID ORDDBD PUBLISBBD IN FULL
DI !'BS '1119L""°OD BBRALD MID IDITBRPRISB. Upon the call of th• roll, the vote re-
aulted a• follow•:
Ay••1 councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love.
•aya: llone.
Abaent: Rone.
!'be Mayor declared the motion carried.
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Minute• of May 18, 1964
641-S9 RBLATIRG to ADBXATIOR OP ARBA SOU'l'll OP BBLLBVIBW, BUT ARD WBS'l' OP SOU'l'B
BROADWAY
Introduced aa a Bill by Councilman Rice
A BILL
POR All ORDillAllCB APPROVI9G TBB ABllBXA'l'IOR OP '1'BE PROPBRft llBRBIRAP'l'BR DBSCRIBBD '1'0
'ftlB Cift OP DGLBWOOD, COLORADO, ARD ADBXING SAID DBSCRIBBD PROPBR'l'Y '1'0 THE CITY
OP BmGLBWOOD, COLORADO, TO-WIT:
Beginning at th• H.B. corner of the R.W •• of Sec. lS, T 5 S,
R 68 W of th• 6th P.M.: then=e Weaterly aloftCJ th• llorth
line of aaid Section 15 a diatance of 1653 f .. t to th•
Weat line of Miramonte Subdiviaion extendedr thence
southerly along aaid line extended and alOftCJ the Weat
line of aaid Subdiviaion a diatance of 630.00 f .. t to
the Soatmw.at corner of Lot 9 of aaid Subdiviaionr
thence Southerly along the Weat line of Lot 8 of aaid
Subdiviaion a diatanc• of 28.2 feetr thenc••loutheaaterly
along the Southweaterly line of aaid Lot 8 a diatance
of 123.6 feet1 thence Southeaaterly alon9 th• Southerly
line of aaid Miramont• Subdiviaion a diatanc• of 280.21
f .. t to the Southeaat corner thereof r thence south along
th• Weat line of Tract 15 Interurban Addition a diatance
of 215.80 feet to the &outhweat corner of aaid Tract 151
thence Southeaaterly at right angle• with the llorthweaterly
line of Lebow Ave. a diatance of 70 feet to a point on
the Southeaaterly line of Lebow Ave. aaid point being
the Southweaterly corner of Plot 3, Rafferty Gard•n•r
thence Southeaaterly along th• llortherly lin•• of
Plot• 4, 8, 9, 10, 11, 12 and 13 to the llortbweat corner
of Plot 14, aaid Rafferty Garden•r thence south along
the Weat line of aaid Plot 14 a diatance of 189 feet to
the Southweat corner of aaid Plot 14, aaid point alao
being on the llorth line of Rafferty Lane (Pirat Ave.)r
thence Baat along aaid Rorth line of Rafferty Lan•
(Pirat Ave.) and aaid llorth line extended a diatanc•
of 578 feet to the center line of South Broadway, aaid
center line being the Weat line of th• •·•·• of Sec. 15,
'l' SS, R68W, 6th P.M.: thence South alon9 the Weat line of
aaid R.B.~ to the s.w. corner of aaid •·•·•' thence
Baat along the south line of aaid •·•·• to a point which
i• 496.69 feet W••t of the Southeaat corner of th•
8.B.~ of Sec. 15, 'l' SS, R68W, 6th P.M.r thence llorth
a diatance of 206.95 feet: thence Weat 151.37 f .. t,
thence llorth 55• 14' Weat 989.15 feet: thence lforth
3• 41' 40• Weat 37S.42 feet: thence llorth 60• 59' Weat
174.2 feet: thence llorth 40• 38' Weat 420.9 f .. t:
thence llorth 29• 08' Weat 59176 feet: thence llorth 61• S4'
Weat 263.35 feet, more or leaa, to the southeaat corner
of Lot 1, Block 3A, Brookridge Height• 'l'hird Pilingr thence
llortheaaterly along the Southeaaterly line of aaid
Lot 1, Block 3A a diatance of 120 feet to th• llortheaat
corner of aaid Lot 1, Block JA: thence llorth 17• 37' Baat
61.02 feet to the SOutheaat corner of Lot 1, Block lA,
Brookrid9• Height• 'l'hird Piling: thence llorth 28• 06' Ba•t
along the &outheaaterly line of •aid Lot 1, Block 1A a
diatance of 122.15 feet: thence llorth 12• 13' Weat along
the Southweaterly line of Lota 11, 12 and 13, Block 2,
Brookrid9• Height• a diatance of 111.36 f .. t: thence
llorth OO• 10' Baat along the Weaterly linea of Lota
13 through 20 of Block 2, Brookridge Bei9ht• and ••id
line• extended 520 feet to the Horth line of aaid
Section 15: thence Weaterly along the llorth line of
aaid Section 15, T SS, R 68W a diatanc• of 584 feet
more or l••• to the point of beginning, Arapahoe
county, Colorado.
BB IT ORMIRBD BY 'l'BB CITY COUNCIL OP 'ftlB CI'ft OP mGLDfOOD, COLORADO:
section 1. That written petition waa properly filed in accordance with atatute
with th• city Council of the City of Engl.wood, Colorado, propoain9 the annexation
to aaid City of Engl.wood of the hereinafter deacribed land, aituate in th• County
of Arapahoe, State of Colorado, to-wit:
Beginning at the H.B. corner of the •·•·• of Sec. lS, T5S,
R 68 w of th• 6th P.M.: thence W••t-lt alODCJ th• Horth
line of aaid Section 15 a diatance of 1693 f .. t to the
Weat line of Miramonte Subdiviaion extended: thence
Southerly along aaid line extended and along th• Weat
line of aaid Subdiviaion a diatance of 630.00 feet to
th• Southweat corner of Lot 9 of aaid Subdiviaion1
thence Southerly along the Weat line of Lot 8 of aaid
Subdiviaion a diatance of 28.2 feet: thence SOutheaaterly
along th• SOuthweaterly line of aaid Lot 8 a diatanc•
.,.,.
Minute• of May 18, 1964
of 123.6 f .. t: thence southeaaterly alon9 the southerly
line of ••id Miramonte Subdiviaion a diatance of 280.21
f .. t to the SOutheaat Clirner thereof 1 thence louth along
the Weat line of Tract 15 Interurban Addition a diatance
of 215.80 f .. t to the SOuthweat corner of aaid Tract 151
thence SOutheaaterly at right angle• with the llorthweaterly
line of Lebow Ave. a diatance of 70 f .. t to a point on
the SOutheaaterly line of Lebow Ave. aaid point being ,
the SOuthweaterly corner of Plot 3, Rafferty Gardena1
thence SOutheaaterly along the llortherly linea of
Plot• 4, 8, 9, 10, 11, 12 and 13 to the llorthweat corner
of Plot 14, aaid Rafferty Gardenar thence south along
the Weat line of ••id Plot 14 a diatance of 189 f .. t to
tlJ• &outhweat corner of aaid Plot 14, aaid point alao
being on the llorth line of Rafferty Lane (Pirat Ave.)1
thence Baat along aaid lforth line of Rafferty Lane
(Pir•t Ave.) and aaid Borth line extended a diatance
of 578 feet to the center line of south aroadway, aaid
center line being the Weat line of the •·•·~ of 8ec. 15,
'l'SS, R68W, 6th P.M.r thence South aloft9 the Weat line of
aaid R.B.~ to the s.w. corner of aaid •·•·~' thence
Baat along the south line of aaid •·•·~ to a point which
i• 496.69 feet Weat of the SOutheaat corner of the
R.B.~ of Sec. 15, T SS, .68W, 6th •••• , thence llorth
a diatance of 206.95 f .. t: thence Weat 151.37.f .. tr
thence llorth 55• 14' Weat 989.15 f .. t: thence llorth
3• 41' 40• Weat 375.42 feet: thence llorth 60• 59' Weat
174.2 f .. t, thence lforth 40• 38' Weat 421.9 feet1
thence llorth 28• 08' Weat 59.76 f .. t, thence llorth 61• 51'
Weat 263.35 feet, more or leaa, to the Southeaat corner
of Lot 1, Block 3A, Brookridge Height• 'third PiliDCJ1 thence
llortheaaterly along the SOutheaaterly line of aaid
Lot 1, Block 3A a diatance of 120 feet to the llortheaat
corner of aaid Lot 1, Block JA: thence llorth 17• 37' Baat
61.02 feet to the SOutheaat corner of Lot 1, Block lA,
Brookridge Height• 'l'hird Piling: thence llorth 28• 06' Baat
along the SOutheaaterly line of aaid Lot 1, Block lA a
diatance of 122.15 feet: thence llorth 12• 13' Weat along
the Southweaterly line of Lota 11, 12 and 13, Block 2,
Brookridge Height• a diatance of 111.36 f .. t, thence
llorth 00~ 10' Baat along the Weaterly line• of Lota
13 through 20 of Block 2, Brookrid9e Heitht• and aaid
line• extended 520 feet to the llorth line of •aid
Section 15: thence Weaterly along the llorth line of
aaid Section 15, '1' SS, R68W a diatance of 584 f .. t
more or leaa to the point of beginning, Arapahoe County,
Colorado.
Section 2. That aaid petition waa aigned by the owner• of more than fifty
per cent (56") of the area of auch territory, who al80 compriaed a majority of
the landowner• reaiding in the aaid territory at the tille the peition waa filed.
Section 3. 'that aaid petition waa in all reapecta in conformity with the
proviaiona of Artiele 11, Chapter 139, Colorado Reviaed 8tatutea 1953, aa Aaaended1
that aaid petition waa favorably conaidered by the City Council of the aaid City ....
of Snglewood, conatitutinq the legialative body of the llWlicipality to which aaid
territory ia propoaed to be annexed: that notice of the aubatance of the petition,
including the date of aigning, the nwaber of peraona aigniDCJ, a deacription of the
territory included in the propoaed annexation, and a atat ... nt that landowner• of
the area may expre•• their oppoaition to the annexation and aecure an election by
complying with the proviaiona of Section 139-11-4, Colorado Reviaed Statute• 1953,
,.. publiahed purauant to atatute.
Section 4. That aaid hereinabove deacribed parcel or parcel• of property be,
and they hereby are, declared annexed to aaid City of Bn9ltlWOOd, Colorado, and
are hereby made a part of the aaid City, pur•..U".to the proviaiona of Article 11,
Chapter 139, Colorado Reviaed Stautea 1953, •• Amended.
Paaaed on Pirat Reading by the City council of the City of Bft9lewood, Colorado,
thia 18th day of May, 1964, and ordered publiahed in full in the lngl.wood Herald
and Bnterpriae.
Mayor
ATTBST:
waa read in full
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Minute• of May 18, 1964
COUllCIIllAll RICB MOBD, COUHCILMAH BRAUR SICDllDSD, 'l'llAT !BB PROPOSED BILL FOR
Alf OJtDDIAllCB BE PASSBD OR PIRS'l' RBADIMG MD ORDDBD PU&ISBBD IR PULL IM 'DIE
mGLSNOOD BBRALD MD Bll1TBRPRISE.
Councilman Braun noted that there waa no one preaent to 91>poae the propoaed
annexation. 'l'he Mayor inquired if any of th• COuncilaen or official• of the City
bad received any complaint• upon the annexation from reaident• of th• area. Ho
one bad. Diacuaaion enaued with re9ard to contact• froa peraona qenerally favor-
able, but not directly concerned.
'fh• queation waa called for. Upon the call of the roll, the vote reaultecl ••
follow•:
Ayea: Councilmen Rice, Kreilin9, &anaon, Braun, Allen, Love.
Raya: Councilman Pullerton.
Ab-nt: Hone.
the Mayor declared the motion carried.
632-20 COH'l'RAC'l'S POR RAILROAD CROSSIRGS 8Y SAllI'l'ARY SBWBR LIDS
'!be City Attorney reported that contract• and licen••• had been received frOll
th• &anta. Pe Railway and Rio Grande Railway for the C&Je••in9 of th••• railroad
track• at south Santa P• Drive and approxillately Dartmouth Avenue. Be au99eated
that the reaolution propoaed by the Atchiaon-Topeka and Santa P• Railroad Company
authorizing the c&re••in9• be conaidered firat. Di•cu••ion enaued.
'fh• City Clerk read the following reaolution in full&
RBSOLUTIOll
BB IT JCmWlf that on thi• 18th day of May, 1964, at a regular meiltin9 of the
City COuncil of the City of Bnglewood, Colorado, there cw on to be conaidered
the -tter of the execution of a licen•• wwean the aaid CI'IY OP DGLBWOOD,
COLORADO, and TllB ATCllISOll, TOPBICA MD 8Alft'A rs MIIMAY CCllPAllY, relatin9 to con-
•truction and maintenance of aewer line cro••iDCJ at llP-729 plu• 5092, one hundred
and ten and •ix-tenth• f .. t in length, and twenty-one inch•• in di-ter, in aaid
City of Dlqlewood, Colorado, whereupon th• followift9 proceeding• were had:
It waa moved, aeconded and unanimoualy voted that ._uel L. Love, Mayor, be
authorized and empowered to execute on behalf of the City of Snglewood, Colorado,
auch licenae, copy of which i• hereto attached, and th• •-be recorded in the
Minute• of the City Council at the foot of thi• re.olution.
ADOPTBD AID> APPROVSD thia 18th day of May, 1964 A.D.
Mayor
AftUT1
PIPB LIHB LICSllSB
/
'IBIS LICS.SB, Mad• thi• 27th day of April, 1964, between TBB A'l'CBISOH, TOPBICA
AID> 8All'l'A PB RAILWAY CC»IPAllY, a Kan••• corporation (hereinafter called•Licenaor•),
party of th• fir•t papt, and CI'IY OP BllGLSWOOD, a 11unt•ipal corportion, (herein-
after, whether one or more, called •Licena .. •), party of the ••cond part.
WI!llBSSSTB, '!'bat the parti•• hereto for the conaiderationa herein6fter expreaaed
covenant and a9r•• aa follow••
1. Subject to th• terlU and condition• hereinafter ••t forth, Licenaor
licen••• Licen• .. to conatruct and maintain 6ne (1) pipe line, one hundred ten
and •ix-tenth• (110.6) feet in length, and twenty-one inchea in diameter (herein-
after, whether one or more pipe line•, called th• •p1ps LI .. •), aero•• or alon9
the right of way of Licenaor at or near the atation of Sn9lewood, Arapahoe County,
Colorado the exact location of the PIPB LID bein9 more particularly ahown by red
coloring upon the print hereto attached, llo. DBOLJ A-522, dated April 24, 1964,
~ked •Bxhibit A• and made a part hereof. ·
2. Lic•n••e •hall uae the PIPB LIHB aolely for carrying a.wage and •hall
not uae it to carry any other COl'llDOdity or for any other purpoae whataoever.
3. Licenaee •hall pay Licensor •• compenaation for thi• licenae the awn of
TW9nty-Pive and llo/lOOth• Dollar• ($25.00).
Minute• of llay 18, 1964
4. Licenaee •hall, at it• own coat and aubject to the auperviaion and control
of Licenaor'• chief engineer, locate, conatruct and .. intain the PIPB LillB in auch
a llllftfter and of auch material that it will aot at any tille be a aource of danger
to or interference with the pr•••nt or future tracka, roadbed and property of
Licenaor, or the ••f• operation of it• railroad. In ca••• where the Liaen••• i•
peraitted under paragraph 2 hereof to u•• the PIPS LID for oil, 9a•, petroleum
product•, or other fl ... able or highly volatile •ubatancea under pr•••ure, the
PIPS LI .. •hall be con•tructed, in•talled and thereafter .. intained in conformity
with the plan• and •pecificationa •hown on print hereto attached in auch ca•••·
marked Bxhibit B and made a part hereof. If at any till• Licen•-•hall, in the
judCJ119nt of Licenaor, fail to perform properly it• obligation• under thi• para-
graph, Licenaor .. y, at it• option, it••lf perfora auch work •• it d• .. • nece••ary
for the ••f• operation of it• railroad, and in auch event Lic•n••• •CJr••• to pay,
within fifteen (15) day• after bill •hall have been rendered therefor, th• co•t •o
incurred by Licen•or, but failure on the part of Licenaor to perform the obliga-
tiona of Licen•e• •hall not rel•••• Licen••• from liability hereunder for lo•• or
d ... 9• occaaioned thereby.
s. Lic•n•ee •hall reimbur•e Licenaor for any expen•• incurred by Licenaor
for fal•• work to •upport Licenaor'• track• and for flagman to protect it• traffic
during inatallation of the PIPB LillB and for any and all other expenae incurred
by Licenaor on account of the PIPB LID.
6. Lic•n•-ahall at all time indemnify and aave haral••• Licenaor again•t
and pay in full all loaa, damage or expen•• that Licen80r .. Y auatain, incur or
become liable for, r•••lting in any manner from the conatruction, maintenance,
uae, •tat• of repair, or pre•ence of the PIPB LID, includi"9 any auch lo•• d-9•
or expen•• ari•ing out of (a) lo•• of or dama9e to property, (b) injaJ:F to or
death of peraona, (c) mechanic•' or other li•n• of any character, or (d) tax•• or
••••• ... nt• of any kind.
7. If at any time Licen•ee •hall fail or refuae to comply with or carry out
any of the covenant• herein contained Licenaor .. y at it• election forthwith re-
voke thi• lic•n••·
8. 'JBIS LICBRSB i• given by Licenaor and accepted by Licen••• upon the
expr••• condition that the •ame may be terainated at any ti• by either party
upon ten (10) day•' notice in writing to be ••rved upon the· other party, atating
therein the date that •uch termination •hall take place, and that upcn the termina-
tion of thi• licen•• in thi• or any other manner herein provided, Licen•-, upon
d..and of Licenaor, ahall abandon the u•• of the PIPS LID and remove the aame
and reatore th• ri9ht of way and track• of Licenaor to the .... condition in which
tbey..rere prior to the placing of the PIPB LI .. thereunder. In ca•• Lic•n•-•hall
fail to reatore Licenaor'• premi••• •• aforeaaid within ten (10) day• after the
effective date of teraination, Licenaor may proceed with auch work at the expen••
of Licen•-· Bo teraination hereof •hall releaae Licena-from any liability or
obli9ation hereunder, whether of indemnity or otherwi .. , re•ultin9 from any act•,
omiaaiona or event• happening prior to the date of the PIPS LID i• removed and the
ri9ht of way and track of Licenaor reatored •• above provided.
9. In th• ca•• of the eviction of Lic•n•M by anyone ownin9 or obtaining
title to the pr-i••• on which the PIPB LID i• located, or th• ••l• or abandonment
by Licenaor of aaid premiaea, Licenaor •hall not be liable to Liceuee for any
d•wa9• of any nature whataoever or to refund any payment ll&de by Lic•n••• to
Licenaor hereunder, except the proportionate part of any recurring rental charge
which .. Y have been paid hereunder in advance.
10. Any notice hereunder to be given by Licenaor to Licenaee ahall be deemed
to be properly aerved if it be depoaited in the Uaited Stat•• Mail, po•tage prepaid,
addr••ed to Lic•n•M at BDCJlewood, COlorado. Any notice to be 9iven hereunder by
Licen•M to Licenaor •hall be deemed to be properly ••rved if the •am• be depo•ited
in th• United Stated Mail, po•tage prepaid, addreaaed to Licenaor'• Superintendent,
llr. c. B. Kurtz at La Junta, COlorado.
11. In th• event that two or more parti•• execute thi• inatrument a• Licen•••,
all the covenant• and •CJr• ... nt• of Licen••• in thi• licen•• ahall be the joint
and •ev•ral covenant• and agr ... ent• of •uch parti••·
12. All th• covenant• and proviaion• of thi• inatr\llleftt •hall be binding
upon and inure to th• benefit of the •ucceaaora, 199•1 repr•••ntativea and a••ign•
of the parti•• to the •-extent and effect •• the •-are binding upon the inure
to th• benefit of the parti•• hereto, but no •••i9 .... nt hereof by Licenaee, it•
aucce•80ra, legal repreaentativ•• or •••i9ft•, or any •ub•equent •••i9nee, shall
be binding upon Licenaor without the written con•ent of Licenaor in each in•tance.
IR WI'l'IJBSS WBBRBOP, the parti•• have executed thi• agre ... nt in duplicate
the day and year fir•t above written.
TllB ATCBISOB, 'l'OPBICA MID SANTA PB RAILWAY CXllPMnr, (Licen80r)
Approved •• to De•cription:
I•/ s. c. smith, Chief Bngineer.
By /•/ a. 11. Cballpion
It• A••i•tant to General Manager
Cift or aar.mrooo
By /a/ S..ael L. Love
It• Mayor
(Licen•->
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Minute• of May 18, 1964
COUllCILMAR A,J.T.DJ MOVBD, OOUIJCILMAll KRBILDG sscc:m>m, THAT BB RBSOLUTIOll BB
ADOPTBD. Upan th• call of the roll, th• vote r••ulted aa followas
Ayeas COuncilaen Rice, Kreiling, Banaon, Pullerton, Braun, Allen, Love.
Bayas Rone.
At,•ents Rone.
'l'he Mayor declared the motion carried.
Mr•tMnt with .!!2 Grande Railroad COWptny
The City Attorney recoK111ended the council approve an aCJr• ... nt with the Rio
Grande Railroad Colllpany.
OOUllCILMM PULLBRTOB MOVED, OOUNCILMAR RICB SBCOm>BD, 'l'llAT '1'BB MAYOR ARD Cift
CLDK BB AU'l'llORIZBD TO SIGB A LICBRSB AGRBBMBll'l' POR 'ftlB CROSSIRG OP THE RIO GRUDB
ltAILROAD TRACICS OB BBBALP OP 'ftlB Clft OP BlfGLBWOOD. Upon the call of the roll, the
vote reaulted aa followas
Ayea: councilmen Rice, Kreiling, Banaon, Pullerton, Braun, Allen, Love.
Bayas Rone.
Abaent: Rone.
'l'h• Mayor declared the motion carried.
641-54 RBLATillG TO APPLICATION POR LIQUOR LICBllSB BY 8 • L CORPORATION
Tb• City Attorney noted that he had prepared finding•, concluaions and resolu-
tion upon the application for Beer, Wine, Spirituoua Liquor Licenae by the s • L
Corppration at 980 Bast Hampden Avenue, dba Well-CO..-Inn a• requeated by
councilman Braun.
'fhe City Clerk read the following f indinga, concluaiona and reaolution
PillDIHGS, COBCLUSIOllS AID> RBSOtU'l'IOR
'l'be Matter of the application of the S • L corporation for a three way r••-
taurant liquor lic•n•• c ... on for public hearing before th• City council of the
City of BnCJlewood, OOlorado, at a regular ... tiDCJ on Monday, May 4, 19~4:
'1'he proponent• were repreaented by Alan 8ternber9, an attorney at law. '!'heir
evidence ahowed that the premi••• had been properly poated for th• minimum ten day
period required. Proponent• alao preaented thrM bound petition• deaignated
acbibit• B, :C, and D. 178 aignatur•• appeared on Bxhibit B, 277 •i9natur•• ap-
peared on Bxhibit c, and 103 aignatur•• appeared on Bxhibit D, a total of 558.
the aipera all favored iaauance of th• propoaed licenae at the aubject aite. A
map of th• area from which the aignatur•• were 9atbered waa alao preaented. Th•
map covered a fairly large area aurroundin9 the aubject aite, irregular in ahape
beca... of a fenced area aouth ~ Cherry Billa Village f roa which aignatur••
could not be gathered. TWo peraona teatified aa to bavin9 circulated the petition•.
'l'bree peraona who identified th ... elv•• aa th• owner• of th• atock of the
applicant corporation teatified aa to th• nature of th• planned reataurant in which
th• liquor would be aold. It appeared fr• their te•tillony that there i• preaently
a vacant building on th• pr .. i••• which occupi•• llOet of the lot on which it i•
located, that the aurrounding area i• hardtopped for parkin9, and that it will park
about 8 to 10 automobil••· One of th••• witn••••• teatified tbat they had contacted
the gr-nhou•• owner aero•• the atrMt, and tbat 8be had indicated to th-that if
they found additional parking neceaaary that •he would be 9lad to talk to th ..
about leaain9 to them her vacant ground. Six witne•••• teatified •• to the good
character of Sidney COhen, one of th• atockbold•r• in the applicant corporation
and th• propoaed 11anager, and all teatified that they felt that h• would operate
a reputable J.·eatabliahment. Rone of the•• per80na, nor any of th• other wi tn•••••
teatifyiDCJ for th• proponent•, lived in th• area deaipated by the proponent• aa
the ir •diate neighborhood of the reataurant aite.
'fbe preaentation for the oppa•t• opened by a atat.._t of Mr. Richard e.
Simon, an attorney at law, who identified hiluelf aa repreaentin9 aome of the per-
80na at the hearing who oppoaed the iaauance of the licenae. Mr. Simon preaented
a aerie• of •even petit6ona objecting to the iaauance of the lic•n•• containing a total of 337 n-•· and atated that th• people eo •ipin9 lived in the imaediate
area. Mary Pranta, reputedly th• owner of the 9reenbou•• property from whom the
corporation hoped to obtain additional parking, ai9ned a petition objecting to
th• granting of th• liquor licenae.
'l'hirt .. n peraona teatified againat the iaauance of the licenae and the council tak•• note that twelve of th••• peraona lived or carried on buaim•• in the iimnediate
area aurrounding the propoaed reataurant aite. One of the•• witn•••••, a Mrs. Mary
K. Loomia, teatified aa to the circulation of th• petition•. 'fh• aubject of the
Minute• of May 18, 1964
objection• of th• witn••••• teatifying againat th• iaauance of the lic•n•• waa
that there were a number of ... 11 home• within th• i .. ediate vicinity of th•
•it•. that there were a great nWlber of children livin9 in th••• home• and
travelin9 in th• atreeta, that th• reataurant would be a hazard to th••• child-
ren becau•• of the increa•• in traffic, that it would be bad influence on t .. n-
a9•r• in the neighborhood, in particular, that th• ait• waa inadequate for th•
parking n•c•••ary, that parking aero•• th• atr .. t would not be aatiafactory,
that thi• type of buain••• in auch a neighborhood would reault in noi•• and
unn•c•••ary diaturbance, and that there were other outlet• aufficiently clo••
for th• need• of the neighborhood.
•,r • . .
It appeared from the evidence alao that th•r•.-ar• two r•ataurant• ••llin9
liquor of th• type propoaed in th• application about one to one and two-tenth•
ail•• from th• aubject aite. 'fh• council alao not-of it• own knowled9• that th•
ait• i• on Baat Baapd•n Ave., a buay throu9h atreet, and that it i• located two "
blodt• from th• corner of the property on which a lar9• hoapital ia located.
Pro• the above and foregoing, the City council find• and conclud•••
(1) '!'hat th• reaaonabl• r-.uir .. ent• of the nei9hborhood for th• type of
lic•n•• for which application ha• been made are .. t.
(2) '!'hat th• deair•• of the inhabitant• of th• immediate neighborhood clear-
ly indicate oppoaition of th• neighborhood to th• operation of a liquor outlet
on th• pr-i•••·
(3) '!'hat operation of a liquor outlet on th• pr .. i••• would prove hasardoua
to nwaeroua amall children and a bad influence on teena9era in the neighborhood_.
(4) 'l'hat th• aite ha• inadequate parking1 that it i• not deairable to have
parking therefor aero•• a buay atreet1 and that it appear• uncertain whether or
not auch parking could be obtained.
(5) 'l'hat the operation of thi• type of buain••• in th• neighborhood would
reault in noiae and unneceaaary diatarbance to home• in it• i .. ediate vicin~ly.
'l'U~~o~ .. , ll.. IT a-S~LV..D BY '1'BB CITY COURCIL OP TBB CITY OP ERGLBWOOD,
COLORADO, THIS 18th DAY OP MAY, 1964, that th• application of s & L corporation
for the iaauance of a liquor license for a reataurant located at 980 Baat Hampden
be and hereby i• denied.
COUBCILMAR BRAUN MOVBD, COUBCILMAN HAllSOR SBOOllDBD, '!'BAT TBB PIRDIRGS, CON-
CLUSIO•S ARD RBSOLUTIOlf WI'!H RBGUD TO THB S & L COUOMTIOR FOR A 'l'BRBB WAY
RBSTAURAllT, LIQUOR LICBRSB BB ADOPTBD UD TeaT TllB APPLICAJITS BB llOTIPIBI> OP TBB
DDIAL AS PROVIDBD BY LAW. Upon the call of the roll, the vote reaulted aa
followaz
Ay••• councilmen Rice, Kreiling, Ranaon, Fullerton, Braun, Allen, Love.
Raya: Rone.
Abaent1 Rone.
'l'be Mayor declared the motion carried.
641-83 RBLATIHG TO PAVIRG DISTRICT RO. 13 A8SB881D'f8
The City Manager preaented a reaolution authorising the City Clerk and City
Bngineer to break down the certain aaaeaament• of Pavin9 Diatrict No. 13.
'l'h• City Clerk read the following reaolution in fulls
RBSOLUTIO•
WRBltBAS, by appropriate ordinance• and reaolution, th• City of Englewood,
Colorado, ha• eatabliahed Paving Diatrict 11o. 131 and
WBIRBAS, the aforeaaid Paving Diatrict include• a••••• .. nt• againat varioua
parcel• of real property within aaid Diatrictr and
WBBRBAS, aubaequent to the compilation of th• ••••••ment rolla, from time to
time, a part of a particularly deacribed property ia aold and tranaferred, and it
become• n•c•••ary to divide the a•••••ment• of the parcel tranaferred1
.,., ftlDBFOU, BB IT USOLVBD n 'ftlB CITY COUllCIL OP the City of Bnglewood,
COlorado, thi• 18th day of May, 1964, that the City Clerk, with the •••i•tance of
the City BluJin••r, be and hereby i• authorised and directed, from ti• to tia• a ·a
occaaion aay ariae, to divide the a•••••••nt• of apecific parcel• within Paving
Diatrict llo. 13 proportionate to the diviaion of th• parcel• of real property
a9ainat which th• •am• .. y be a•••••ed, and to certify th• reviaed aaaeaament•
to the Treaaurer of Arapahoe Couaty, COlorado.
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Minute• of May 18, 1964
ADOPl'BD Alll> APPROVBD '!'hi• 18th day of May, 1964.
Mayor
AftSft1
The City Manag~oted that thi• procedure waa very routine and had been
authorized for each'6f the previoua diatricta.
COUllCIUIAll RICB MOVSD, OOURCIIICAll PULLBR'l'OB SBOOllDBD, 'l'llAT 'ftlB RBSOLU'l'IOR
BB ADOPTBD Al1D APPROVED. Upon the call of the roll, the · vote reaulted aa follows1
Ayea1 councilmen Rice, Kreiling, Hanson, Pullerton, Braun, Allen, Love.
Bayas llone.
Absents lion•.
Th• Mayor declared the motion carried.
641-35 RBLATillG 'l'O PUMPillG STATIOB llO. 1 AlfD PIPBLINB
Th• City Manager reported upon th• recent negotiation• for purchaae of land
and right-of-way for th• pumping plant and pipeline• to th• McLellan Reservoir.
Be at:ated that negotiations have been caapleted or would be completed shortly on
llr. Snaor and Mr •. Roberts. Be noted, however, that soae difficulty was being
encountered with Mr. R. G. Burnett who owned a parcel of land an eaaement through
which waa neceaaary for the pipeline. Be aaked that authority be given to
condemn land if necesaary. Diacuaaion ensued.
OOUllCIUIAll MAUii MOVBD, COUllCILllAll llABSOB SBCOBDBD, 'l'BA'l' TBB Cift OOURCIL
USOLVB 'IO APPROVB '!'BB llmc>TIATIOB l'OR 'l'BB R. G. BUmBT RIGHT-OP-WAY POR A
PIPSLID l'llCll TBS SOUTH PLA'l'TB RIVBR TO TBB MflPielAll RBSBRVOIR A11D AU'l'BORID
OOllD ... TIOll OP TBB llBCBSSAllY LAlfD IP llBGOTIATIO•S PAIL. Upon th• call of th•
roll, the vote resulted aa follows1
Ay••s COuncil-n Rice, Kreiling, Han•on, Fullerton, Braun, Allen, Love.
Bay•s llone.
Ab•ents llone.
The Mayor declared the motion carried.
641-11· CI'IY MAllAGBR'S RBPORT !OR 'l'BB MOll'l'B OP APRIL
'l'be Mayor a•ked that the report be received and placed on file.
CITY MAllAGBR'S CHOICB
The City Manager suggested that reservation• be .. de for the coming Colorado
Municipal League Annual conference in Colorado Spring• very •hortly. He noted
that hi• off ice would contact the Councilmen aa to their plan• in order to make
reservation• in the near future.
The City Manager reported upon an all day ••••ion on Saturday, May 23rd,
sponsored by the Inter-.._..tap Refional Planning eo .. iaaion relating to traffic
engin .. ring of school croaainga and related aubjecta.
'fh• City Manager comaented upon the app.aranc• of llr. J. c. Underhill of
1901 West Iliff Avenue, earlier in the evening and stated that a similar condi-
tion exiated on south Windermere and Peco• Street in th• vicinity of Belleview.
Be noted that some of th• co .. ercial and industrial buain••• .. n in the area de-
sired to have south Pecos developed and opened from Tuft• to Belleview which
would involve cooperation by th• County and th• City of Bn9lewood and th• City
of Littleton, aa well a• th• private property adjoining th• roadway. Diacuaaion
ensued. councilman Braun apok• in considerable detail of th• difficulty of de-
veloping th• existing paving district procedure and acceptance by the citizens.
Be •poke of the need to hold to th• policy rather than entering into paving
propoaal• which will undercut th• well ••tabliahed policies in effect. Be noted
that in this case the City would be reaponaibl• for th• frontage of th• property
it owns. Discussion ensued.
Minute• of May 18, 1964
'l'h• City Mana9er au99eated a li9ht pallativ• be placed on the atreet to reduce
th• duat condition• at the owner• •xp•n••· Councilllan Kr•iliRCJ inquired whether
the hauler• had actually dama9ed the aurface and noted that if auch dama9e exi•t•d
the hauler• would be reaponaible. Diacuaaion enaued. The City Mana9er stated
that he would inveatigate the poaaibility of inter-CJOV•rnaent cooperation in
connection with South Peco•, a• well a• the po••ibility of u•• of a coating to
reduce th• duat where it i• extremely bad, at th• adjoining property owner•
expen••·
'fbe City Mana9er reported upon progr••• in enforcing non-conforming uaage
by land owner• in Bnglewood, noting that the water recor•• had been compared
with th• City'• aoning aa to u•• of land and a notice i• being prepared for
-ilin9 to tho•• who are not in conformance with sonin9. Be noted that thi•
enforc .. ent of th• illegal non-conforming uaa9•• ia involvin9 a •mall unbud9eted
expenditure, probably not over $800 by '11• end of the year. B• atated he would
have a resolution of tranafer prepared when thi• fivur• waa definite and in
connection with the other tranafera at the year end.
'l'h• City Mana9er called th• Council'• attention to one of the action• by
the CArHr Service eo .. iaaion, at it• meeting of llay 15, 1964. Thi• waa to
accept th• reaignation of Mr. B. A. Anderaen aa Peraonnel Director. Be reported
that until a new Personnel Director could be ••cured Mr. Claude Malone waa act-
in9 Per.onnel Director. Be diacuaaed th• thou9ht• of the career Service Commi•-
aion in recruitin9 a new Peraonnel Director and their deair• for the poaition
to claaaified at grade •24• rather than 9race •21•. Grade •24• ha• a pay range
of f628 per month to $802 per month, also an •xpen•• of recruitin9 a new
Per80IUlel Director waa eatimated to be approxi .. tely $600. '!'hi• would include
aalary of th• acting Personnel Director, aa well aa poaaibl• interviewing and
travel expen•• in connection with recruiting. Diacuaaion enaued. 'l'h• Mayor
aumaarised that there ••emed to be 9eneral objection to placin9 the Peraonnel
Director on grade •24•. 'l'h• City Manager au99eated that th• compromi•• at
grade •23• at th• pr•••nt ti.JD• and poaaibl• advance to grace •24• on January 1,
1965, if a general one atep adjuatment ia reeolmMlnded for unclaaaified peraon•
on that date.
COUllCILMAll !'ULLDTOll MOVBD, COUllCILllU ICllBILillG SSCOllDBD, 'DIAT '!BB PDSODBL
DIUCIOR GltADS BB BSTABLISBBD AT JJfO. 23 l'OR '!BB CUIUlSllT VACAlfCY. Upon the call
of the roll, th• vote re•ulted a• follow•s
Ayeas Councilman Rice, Kreilin9, Banaon, Fullerton, Braun, Allen, Love.
Ray•s Rone.
Abaents Rone.
'!'be Mayor declared the motion carried.
The City Manager alao reported that Mr. Carleno, Chairman of the career
Service Board, had requeated th• aalary for the Secretary of the career Service
C:O..iaaion be increaaed from $15 to $20 per month. Be co ented that .he had not
bad a chance to atudy thi• reco..aendation and h• would lia• to do ao before the
Council acted upon it. 'l'h• Mayor agreed that th• City Mana9er ahould •tudy th•
•alary paid to the Career Service eo .. i•aion Secretary in line with other aecre-
tar i•• and clerk• of other board• and cot •iaaion• throupout th• City.
'l'h• Mayor a•ked for diacu••ion upon th• appointllent of a ...mer to th• Career
service eo .. i••ion to replace Mr. Barry carleno, who i• reai9nin9 effective
June 1, 1964. Be noted that Mr. Carleno had offered tbrH n-• of person• for
hi• replac-nt. Di•cu••ion enaued. Council~ Banaon agreed with th• propo•al
that Mr. Joe Atencio be appointed. Diacu•aion en•ued. Council-n Ric• and
Pullerton apok• for delay in the appointment until other• could be contacted,
beaid•• tho•• recoamended by Mr. Carleno.
'fh• 119yor aaked that th• mellb•r• of the council conaider the propoaed addi-
tional one cent •tatewide aal•• tax, th• proceed• from which would be earmarked
for citi•• and counti•• throughout the •tat•. Be au99eated that each member
form an opinion a• he felt in th• near future the council would be required to
make known it• official opinion upon the propoaal.
COURCD.llDl'S alOICB
Councilman Fullerton diacuaaed the uae tax proviaiona of th• Sal•• and U••
Tax ordinance of Bn9l.wood and th• objection to the collection of thi• tax aa h•
had heard it expr•••ed by variou• bu•in•• ... n. 'lb• Mayor di•cu••ed th• probl ..
of U•• Tax collection in Bngl .. ood a• compared with th• procedure• followed by
Denver, which in hi• opinion were illegal and perhapa even unconatitutional, but
until they were challenged they would continue in force and effect leading to di•-
cr imination between buain••• men in Denver and the aurrounding area. Di•cu••ion
enaued.
641-45 RBLATIRG TO BXCLUSIOR FR<»t SOUTH SUBURMR MBTROPOLITAN RBCRBATIOR
ARD PARKS DISftIC'l'
The Mayor reported upon recent action by the South Suburban Metropolitan
Recreation and Park Diatrict whereby the Board arbitrarily altered the area to
be excluded to that of the Englewood School Di•trict. He noted that in •pite
of the oppoaition by the Bnglewood reaidenta on the Board and by the Bnglewood
Council it••lf that they had held to their deciaion.
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Minute• of May 18, 1964
Councilman Fullerton reported upon th• meetiDCJ aa being very heated and con-
troveraial between th• member• of th• Board it••lf. B• noted that aoma of the
persona pr•••nt had apoken both for incluaion of their area within th• portion
to be voted upon and excluaion of their area. Be apoke on behalf of the incluaion
in th• Diatrict of the llortheaat SncJl.wood portion of the City aa that appeared
to hia to repr•••nt th• deair•• of the reaident• of th• area. councilman Rice
apok• aharply for th• unity of the City council once a deciaion waa made and
atrongly objected to individual atat ... nta by ~r• of th• Council. Councilaan
Fullerton atated he had apoken for hiaaelf and persona in the area at thi• meeting
and had not intended that h• be quoted aa a councilman.
The Mayor •poke for a need of a unified front in thi• matter and he noted
that aomehow the City auat prevent the election from bein9 held on the amaller
area than that of the •tire City. Diacuaaion enaued. '!'be City Attorney aup-
ported the Mayor'• opinion and noted that if all of the area of the City of
Bngl.wood waa excluded frOll th• Diatrict then tho•• area• which felt that inclu-
aion in the Diatrict waa for their benefit could vote for that incluaion by
individual area• and be received into the Diatrict.
council11&n Braun objected atron9ly to th• propoaad need of the City to pay
$24,000 for th• land and improv ... nta completed by th• Diatrict within the City
with a very aaall portion of th• citizen• of Bn9lewood'• 110nay. Ba noted that
if area• of the City atay in th• Diatrict thi• .. Y repreaent a third payment of
the land under conaideration. Diacuaaion enaued. 'ftl• Mayor aakad the City
Attorney to prepare for a lawauit to atop th• election or any other action he
d•-ed adviaable. Di•cu••ion enaued.
COUllCXLMAIJ BRAUit llOYBD, OOUltCIUIAll BMISOS SBOOllDm>, 'lllAT '1'BB CI'ft MAllAGBR
BB DIRBCTBD TO STOP PAYllBllT UPO• TBS CITY' or mGLDIOOD'S CBBCK DBPOSITBD WITH
SOU'ftl SUBURBAll MBTllOPOLI'!'U PAJtlt AID> RBCRBATIOS DISftIC'!' POR PADD'l' OP 'ftlB
SLBC'!'IOll IF TBB SAllB BAS 90T BSD CASBBD. Upon th• call of th• roll, th• vote
reaulted a• followa1
Ay••s Councilmen Rice, 1Creilin9, Banaon, Fullerton, Braun, Allen, Love •
.. y•1 lion•.
Ab••nt1 llone.
'1'be Mayor declared th• motion carried.
ADJOUU
COUllCILMAIJ BRAUit MOVBD, OOUllCILMAS BASSOH SBCOllDBD, THll'!' 'l'BE MBBTillG BB
ADJOUIUIBD. Upon the call of th• roll, the vote reaultad aa follow•1
Ay••1 Councilmen Rice, Xreiling, Hanson, Fullerton, Braun, Allen, Love.
Say•s llone.
Ab••nt1 llone.
ftl• Mayor declared the meeting adjourned at 2100 A.M., Tueaday, May 19, 1964.
I•/ B. o. Beauaang,City Clerk
Clerk of th• Council
'!'ha ainut•• of the meeting of the City Council of the City of Bnglewood,
Colorado, held on the 18th day of May, 1964 A.D. •tand approved aa corrected thia
l•t day of June, 1964 A.D.