HomeMy WebLinkAbout1970-01-05 (Regular) Meeting Agenda Packet. -·
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Regular city council Meeting -
January 5, 1970
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~ AGENDA FOR NEW CITY COUNCIL
REGULAR COUNC IL SESSION
JANUARY 5, 1970
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1. Organization of City Council. (This procedure is that whic h h as
been followed in the past. )
(a) The Mayor or a Councilman calls the room to order.
(b) The Mayor or Councilman will t he n ask the City Clerk
to read th e list of eligible newly-el ected Co un cilmen
who will be sworn in by t he Honorable Marvin Foote,
Judge of the District Court. Judge Haydn Swearingen
d esi res to be sworn into offic e by Judge Foot at this
time also.
(c) When all Cou nci l men are seated (in temporary spaces),
the c hair will ask t he City Cl erk to call the roll of all
Councilmen a nd t hen declare a quorum present .
(d) The chair t he n procee ds with the selection of t he Mayor
who immediatel y assum es the c hair.
(e) The c hair t he n proceeds with the selection of the Mayor
Pro Tern a nd then assigns permane nt seat positions.
(f) At this point it has been c ustom ary to present t oke n s
of appreciation to those departing from the Council
membership a nd to m a ke any other c omme nts befitting
the occasion.
2. Designation of the official newspaper fo r t h e City of Englewood.
3 . Co n sideration of appointments to fill various vacancies occurring
and about to occur on Boards, Commissions, etc.
4 . Pre-schedul ed citizens a nd visitors.
(a) Rec ognition of "special guests" of the Counc il.
(b ) Mr. Harold Rust, Manager of the Englewood office of
the Public Service Company of Colorado, will be present
to review with Council a n increase in the electrical a nd
gas franchise rates.
(c) Mr . Tom Eitel a nd Mr. Ted Smith, Attornies, will be
p r es nt regarding transfe r of liquor I icense for Brook-
ridge Pizza (Hey Louie's) ano:hei Sftc
5. "Show Cause " hearing regarding abandonm e n t of the application for
liquor license by owners of the proposed P eanut Barrel Restaurant.
6. Communications .
(a) Minute of the Planning and Zoning Commission meetin g
of c mber 2, 1969. (Copies transmitted herewi th.)
(b) Minutes of the Storm Drainage Commltt e meeting of
D cember 12, 1969. (Copie transmitt d herewith.)
(c) l\1inut s of the Storm Drai nag Committee meeting of
De mb r 1 , 1969. (Copie transmitted herewith.)
(d) Sid walk Improvement Di trict o. 69 .
(1) Report regarding final co t and schedule for
completion . (Copies transmitted h rewith.)
( ontinued)
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AGENDA FOR NEW CITY COUNCIL
REGULAR COUNCIL SESSION
JANUARY 5, 1970
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6 . Communications . (Continued)
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"(e) Paving District No. 18 final assessment data.
(Copies transmitted herewith.)
(f) Letter from Department of Housing and Urban De-
velopment regarding water facilities status. (Copies
transmitted herewith.)
7. City Attorney.
(a) Approval or den ial of liquor license for Tina's steak
House, 3061 South Santa Fe Drive.
(b) Ordinance on final reading approving and ratifying
agreement with Climax Molybdenum. (Copie s
previously transmitted .)
(c) Ordinance on final reading increasing the amount of
maximum sick leave accumulation . (Copies
previously transmitted .)_ '
(d) Attorney's choice.
8 . City Manager.
(a) Paving District No. 19.
(1) Authorization for negotiation for bond issue
fiscal services.
(2) Consideration of streets to be included in the
Paving District.
(b) Report regarding January 7th public hearing with
regard to the location of Interstate Highway No. 470.
(c) Authorization for Purchasing Agent to attend Pur-
chasing Management Seminar in Tempe, Arizona,
February 15-20, 1970.
(d) R eport on current status of Englewood-Littleton-
For Logan Bus Line.
(e) t a nager's choice.
9 , Recognition of non-scheduled citizens and visitors.
10. General discussion.
(a) Mayo 's choice .
(b) Coun t iman's c hoi ce.
11. Adjournment.
STANLEY H. DIAL
City Manag r
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INTRODUCED AS A BILL BY C OUN CIL~~N ~"11 ~ ..)~ ~< 0
BY AUTHORIT Y ~-' '
ORD INA NCE NO . f , SERIES OF ±%-9 r9'7o~ ~
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AN OR DI NAN CE APPROVING AND RATIFYING CERTAIN AGREE~~NTS ~
RELATIN G TO A \lATER RIGHTS DEVELOPMENT PR OG RAM BETWEEN THE
CITY OF ENGLE\VOOD, THE CIT Y AND COUNTY OF DENVE R, AND AMERICAN
MeTA L CLIMAX, INC., AND DE CLA RING AN EMERGENCY .
mEREAS , the City o f Englewood has heretofore carried on
extensive discussions with the City and County of Denver and
America n Metal Climax, Inc ., lo oking toward the future joint
developm ent by said parties of certain water rights now owned
by the Cit y o f Englewood, the construction of certain fac i li-
ties there f or and the exchange of certain rights between the
City o f Englewood and the City and Count y o f De nver, and
.mEREAS , tne City Council of the City of En glewood has
heretofore formally approved the execution by t h e !1ayor and
City Clerk of those agreements described as follows, to wit:
(a) That agreement entit led ' vater Exchange Ag reement '
entered into be t w en the City o f Englewood and the Cit y and
County o f Denver, acting by and through its Board of later Co m-
missioners, dated Harch 17, 1964 ; and
(b) That agreement entitled ' Modification of March 17,
1964, t~ter Exchange Agreement e ntered into among the Cit y o f
Englewood, the Cit y and Count y of Denver, ac ting by and through
i ts Board o f · ater Commissioners, and American Metal Climax, Inc.,
which agreement was executed on behalf of the Cit y of Englewood
on Septembe r 16 , 1969, on behalf of the City and Count y of Denver
on September 26 , 1969, a nd on behalf of Amer ican Metal Climax,
Inc. on Sertembe r 29, 1969; and
(c) A further agreement entered into bet\-;>ee n the Cit y of
Englewood and Amer ican Meta l Climax, Inc ., dated September 25,
1969; a nd
(d) That agreement entitled 'Amendment to Agreement Entered
Into the 25 th day of Septemb er, 1969, by and between City of
Englewood, Colorado, and American Hetal Climax, I nc., a New
or corporation whic h was executed by the City of Englewood
on October 21 , 1969, and by Am erican Metal Clima x, Inc., on
October 30, 1969, a co py of all of which agreements are present ly
on file in the office of the Director of Finance fo r publ ic in -
spection, a nd
ffiEREAS, some quest ion has arisen as to whether the enactment
of an ord inance approv ing and rat ifying the execution o f each of
said agreements i s nece ssar y, and
RffirtEAS , it is the l e g islative purpose and intent of this
Council to fully and completely accept the provisions of said
agreements and to fully ratify the execution thereof,
NO , THEREFORE, BE I1 0. INED by the City .ouncil of the
City of Englewo od, Colorado, as follows:
Section l . T ?revisions of the h reinabove -described
agreements are here by full y accep ted and concurred in by the
City o f Englewood and the x cution of the said agreements by
the t 1a)or and City Clcr.~, .ror and on be ha lf of the City of Engle-
\-;>ood, is hereby fully and ccr..pletely ratified with the sam force I . •
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and effect as though this ordinance had been enacted prior to
their physical execution b y said officials .
Section 2 . All actions of all officers, employees and
a g ents of the City of Englewood heretofore undertaken to carry
out and fulfill the purposes of said agreements, and each of
them, are hereby fully accepted, approved and ratified with
the same force and effect as if they had been fully accepted,
a pp roved and ratified by ordinance duly enacted prior to the
date of each and all of such acts.
Section 3 . The City Council hereby finds and determines
that an emergency exists , by reason of which this ordinance
shall become effective immediately upon its final p assage.
Introduced , read .in full and passed on first reading on
the /,t)-day of !j { (.Ct, !> (r .. , , , 1969 .
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~ead by title and passed on final reading on the ·-'~-~----day
/t u 4 l%-9-; /q'" ·
Published by title as Ordinance No . / , Series of 1969,
on the '-day of c ,;. //0 ·" l--%"9. I 1 ·'r ·
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I, Stephen A. Lyon, do hereby certify that the above and
fore going is a true, accurate and complece copy of an Ordinance
pa s sed on final reading an~ published by title as Ordinance No.
______ , Series of -1-9{,9 ./r'; .. "c
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Introduced as a Bill by Councilman Parkinson.
BY AUTHORITY
ORDINANCE NO . 2, SERIES OF 1970
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AN ORDINANCE AMENDING SECTION 6. 7-22, "SICK LEAVE': 0o<~
OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, <~
GRANTING ADDITIONAL SICK LEAVE BENEFITS TO REGULAR EMPLOYEES
OF SAID CITY AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. Section 6. 7-22 (a) entit led "Sick Leave"
of the Municipal Code of the City of Englewood is hereby
amended to read as follows:
"6.7-22 Sick Leave .
(a) Accumulations. Sick leave shall accumulate at
the same rate and under the same conditions as Annual Leave.
Maximum accumulation shall be Rifte~y-~99t ONE HUNDRED AND FIVE
(105) working days, and for firemen ALL UNIFORMED MEMBERS OF
THE FIRE DEPARTMENT shall be fif~y-~fiFee-~53t SEVENTY-ONE (71)
working shifts . Sick Leave cannot be converted to Annual
Vacation Leave. In order to qualify for Sick Leave credit during
a month, the employee must have received pay for at least one-
half (~) of the working days of that month."
Section 2. The City Council hereby finds, determines
and declares that the provisions herein be effective on a
calendar year basis for orderly City administration and is neces-
sary for the preservation of public health, welfare, peace and
safety, and shall become effective January 1, 1970.
Introduced, read in full and passed on first reading
on the 15th day of December, 1969.
Read by title and passed on final reading on the
5th day of January, 1970.
Published in full as Ordinance No. 1, Series of 1970
on the 8th day of January, 1970.
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Attest:
I, Stephen A Lyon, City Clerk-Treasurer , do hereby
certify that the above and foregoing is a true, accurate and
complete copy of an Ordinance passed on final reading and published
in full as Ordinance No. l, Series of 1970.
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RESOLUTION NO . ..J1!_, SERIES OF 1~
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A RESOLUTION DENYING THE APPLICATION OF TINA C. WARDEN FOR A
BEER, WINE AND SPIRITOUS LIQUOR LICENSE TO BE LOCATED AT 3061
SOUTH SANTA FE DRIVE, ENGLEWOOD, COLORADO.
WHEREAS, Tina C. Warden has heretofore made application pursuant
to the provisions of Chapter No. 75, Article 2, Colorado Revised Statutes 1963,
as amended, for the issuance of a beer, wine and spiritous liquor license to be
located at 3061 South Santa Fe Drive, Englewood, Colorado; and,
WHEREAS, notice of said application and of the public hearing thereon
has been properly given and public hearing upon said application was properly
conducted on the 15th day of December, A. D. 1969, before the City Council of
the City of Englewood, as the local licensing authority, and all other procedural
requirements of the Statute having been complied with;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Englewood as follows:
That based upon the application of said Tina C. Warden and the
evidence and information adduced at the public hearing upon said
application, the City Council of the City of Englewood should and
does hereby adopt the following findings and conclusions:
(1) That the applicant is an individual doing business under
the name and style of Tina's Steak House at 3061 South
Santa Fe Drive, Englewood, Colorado;
(2) That the said Tina C. Warden, applicant and manager
of Tina's Steak House, is of good character and repu-
tation and has not been convicted of a felony or crime
within any court of the United States or any court of
record of any state or territory of the United states;
(3) That at the time of the public hearing the petitioner
submitted petitions bearing approximately 520 signa-
ture s favoring the application . Of these, approximately
one-half were signatures of residents of the area, while
the remainder were signatures obtained from customers
of the applicant's Steak House located at 3061 South Santa
Fe Drive. Protestants submitted remonstrances con-
taining approximately (56) fifty-six signatures, all of
which appear to be signatures of Englewood residents,
a substantial number of which were of persons living
within a close proximity of the location set forth in the
application. Approximately (12) twelve persons appeared
personally who opposed the application and (1) person was
in favor of the application. Even though the petitions
submitted for application in favor of the issuance of said
license exceeded, in toto, the number of signatures con-
tained upon the remonstrances, it is clear that there is
substantial opposition to the issuance of the license from
residents of th e immediate neighborhood. In addition,
the evidence adduced indicated that there are several
package liquor stores, three-way liquor establishments
and at least one 3. 2 outlet within a relatively short distance
of the location reque ted in th application. Furthermore,
the petitions for the granting of said license were submitted
assigning two reasons therefore, namely, that the issuance
of a liquor license at said cafe would greatly enhance the
cafe menu if a cocktai l could be had with the meal, and
that it would be a credit to the City of Englewood as a
business establishment.
(Continued)
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RESOLUTION NO. , SERIES OF 1970
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Council, therefore, finds and concludes that the
reasonable requirements of the neighborhood are
presently being met by the existing outlets.
BE IT FURTHER RESOLVED that based upon the foregoing, the
application of Tina C. Warden for the issuance of a license for the sale of
alcoholic beverages in hotels or restaurants by the drink only at 3061 South
Santa Fe Drive, Englewood, Colorado, should be and is hereby denied.
ATTEST:
I, stephen A. Lyon, City Clerk-Treasurer of the City of Englewood, do hereby
certify that the above and foregoing is a true, accurate and complete copy of a
resolution adopted by the City Council of the City of Englewood at its regular
meeting on the 5th day of January, 1970.
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City Council
En a l e wood Ci t y Hall
Enalewood , Colorad o 8011 0
Gentlemen :
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Decem be r 1 6 , 1969
~y wife a nd I wil l so o n oe mo vin~ f r om t n is area .
Tner fore , please accept this letter as my res1 anat1on
fr om the a ter and Sewer Bo ard , effective J anuary 1 , 1 970 .
Durinv h e pas t tw e nty-two ye a rs t nn t we have b een
me mbe rs of v a ri ou s city com mittees , it ·as been a
wonderful ex pe rience fo r us .
e ha ve l earned a areat d al n d ha ve ee the City of
En Jle wood become one of the t op cl lee cf ou r s P e .
Thank you f o r all c our esies ha t ha ve bee n ex t end ed to
us over theee ma ny ye~rs .
jj~(f)J~
He r ma n 011ner
EC : CC'
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
JANUARY 5, 197 0
REGULAR MEETING:
Councilman Dhority called the meeting to order.
Ci t y Clerk Lyon stat ed that the following had been
elected to the Englewood City Council i n 1968:
councilman Elect Ho ward R. Brown, 3183 South Race
Street .
Cou n cilman Elect Elmer E . Schwab, 4795 South Inca
Street .
Coun cilman Elect Milton Senti, 4745 South Lipan
St r eet.
City Clerk Lyon also stated th at Mr. Haydn A. Swearingen
h a d been e lected a s Municipal Court Judge.
Judge Foote of District Court administered the Oath of
Office to the Councilmen Elect, Howard R. Brown, Elmer E. Schwab,
Milton Senti, and to the Municipal Court Judge Elect, Haydn A.
Swear i ng e n.
Sch wab.
Upon the call of the roll, the following were present:
Councilmen Brown, Dhor ity, Kreiling, Lay, Lone, Senti,
Absent: None.
Also present: City Manager Dial,
City Attorney Berardini,
City Clerk Lyon.
Councilman Dhority declared a quorum present.
City Council then proceeded to the e lection of the
Mayor.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
COUNCILMAN ELMER E . SCHWAB BE NOMINATED TO THE TWO YEAR TERM OF
MAYOR OF THE CITY OF ENGLEWOOD.
COUNCILMAN KREILING MOVED THAT COUNCILMAN LONE BE
NOMINATED TO THE TWO YEAR TERM OF MAYOR OF THE CITY OF ENGLEWOOD.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE NOMINATIONS BE CLOSED . Upon the call of the roll, the vote
resulted as follows :
Ayes: Councilmen Brown, Dhori ty, Kreiling, Lay, Lone,
Senti , Schwab.
Nays: None.
Absent : None.
Councilman Dhority declared the motion c arr ied .
Councilman Kreiling spoke on the nom ina tion of Councilman
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The City council proceeded to cast a secret ballot for
the office of Mayor. The ballots were collected and opened b y
City Clerk Lyon an d witnessed by City Attorney Berardini. City
Clerk Lyon reported the following results of election :
Councilman Schwab
councilman Lone
Abstain
Five Votes
One Vote
One Vote
Councilman Schwab assumed the position of Ma yor of the
City of Englewood.
Mayor Schwab declared that nominations were now open
for the position of Mayor Pro Tern.
COUNCILMAN BROWN MOVED, COUNCILMAN DHORI TY SECONDED,
THAT COUNCILMAN LAY BE NOMINATED AS MAYOR PRO TEM OF THE CITY OF
ENGLEWOOD.
COUNCILMAN KREILING MOVED THAT COUNCILMAN DHORITY BE
NOMINATED AS MAYOR PRO TEM.
COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT
NOMINATIONS BE CLOSED . Upon the call of the roll, the vote r esulted
as follows:
Ayes : councilme n Brown, Dhority , Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent : None .
The Mayor declared the motion carried.
City council proceeded to cast a secret ballot for the
office of Mayor Pro Tern. The ballots were col lected and opened
by Cicy Clerk Lyon and witnessed by City Attorney Berardini.
City Clerk Lyon reported the following results of election:
Pro Tern.
Councilman Lay
Councilman Dhority
Abs t a i n
Four Vote s
Two Votes
One Vo te
Councilman Lay made a brief opening statement as Mayor
Mayor Schwab requested that former Councilman J. Louis
Parkinson come forw ard. Mayor Schwab presented a plaque to Mr.
Parkinson in ap p r eciation and recognition for the service he pro-
vided the City of Englewood . Mayor Schwab indicated that it had
been a pleasure serving with Mr. Parkinson on the Englewood City
council.
City Manager Dial expressed the a ppreciation of his office
and the City administration for having worked with Mr. Parkinson.
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COUNCILMAN LONE
THAT THE ENGLEWOOD HERALD
OF THE CITY OF ENGLEWOOD.
resulted as follows:
MOVED, COUNCILMAN KREILING SECONDED,
BE APPOINTED AS THE OFFICIAL NEWSPAPER
Upon the call of the roll, the vote
Ayes: Councilmen Dhority, Kreiling, Lay, Lone, Senti,
Schwab.
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Nays: councilm a n Brown .
Absent: None .
Th e Ma yo r d ec lar ed t h e mo tion c arri e d .
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COUNCI LMA N DHO RITY MOVED, COUNCILMAN KR EILING SECONDED,
THAT COUN CILMAN SENT I BE NOMINATED AS THE CITY COUNC IL 'S REPRE-
SENTATIVE ON THE PLANNIN G COMMISSION .
COUNCILMAN LONE MOVED , COUNCILMAN LAY SECONDED, THAT
NOMINATIONS CLOSE AND THAT AN UNANIMOUS BALLOT BE CAST FOR
COUNCILMAN SENTI . Upon the call of th e roll, the vote result ed
as fol low s :
Ay es: Councilmen Brown, Dhority, Kreiling, Lay, Lon e,
Senti , Schwab.
Na y s: None .
Absent: None.
The Mayor declar ed the motion c arr ied a nd Councilman Senti a s the
City Council's repr ese ntative o n the Planning Commi ssion.
Mr. Ch almerse A. P arker, 3996 South Grant, ap pe ar ed before
City Counci l and inquired whether the City Council was going to
proceed to make appointments to fill all v a c anc ies on the various
board s and commissions.
Ma yor Schwab i nd i c at ed that the City Council wo u ld f i ll
o n ly those vac ancies required to be f i lled b y City Councilmen .
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
COUNCILMEN BROWN AND DHORITY BE APPOINTED AS THE CITY COUNCIL'S
REPRESENTATIVES ON THE ENGLE WOOD EMPLOYEES ' PENSION BOARD AND THAT
AN UNANIMOUS BALLOT BE CAST . Upon the ca l l of the roll, the vote
r esulted as follows:
Ayes: Councilmen Brown, Kre iling , Lay, Lone, Senti,
Schwab.
ays: None.
Abstain : Councilman Dhority .
Absent : None.
The Mayor declared the motion carried and Councilmen Br own and
Dhority as the City Council 's representatives to the Englewood
Employees' Pension Board.
COUNCILMAN LA Y MOVED , COUN CILMAN KREILING SE CONDED,
THAT COUN CILMAN SENTI BE NOMINA TED AS THE CITY COUNCIL'S REPRE-
SENTATIVE ON THE CHAMBER OF COMMERCE INDUSTRIAL DEVELOPMENT
COMMI TT EE .
COUNCILMAN LAY MO VED , COUNCILMAN LONE SECONDED, TH AT
NOMINATIONS CLOSE AND THAT AN UNANIMOUS BALLOT BE CAST FOR
COUNCILMAN SENTI . Upon th e call of the roll, the vote resulted
as follows:
Schwab.
Ayes: Counci lm e n Brown , Dh ority , Kreiling, Lay, Lone,
Nays: No n e .
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Abstain: Co uncilman Senti.
Absent: None.
Th e Ma y or declar ed t h e mot ion c arried and Co uncilman Senti as
the c ity Council's r e p r esenta tiv e on the Chamber of c omm e r c e
Industrial Develo pment Comm1t t e e .
Ma y or Schwab recognized Mr. Ste v e O'Kane , 3146 So uth
Vin e St r eet, fro m t h e li st of "Speci a l Citize n P rog ram Invitee s ."
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Mayor S chwab c a lled for a r e c ess a t 9:02 P .M. Co un ci l
reconvened at 9:32 P .M. Upon the call of the roll , the following
were pres ent :
Councilmen Brown, Dhority, Kreiling , Lay , Lone, S enti,
Schwab.
Abs ent: None .
The Mayor declared a quorum present.
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Mayor Schwab welcomed Councilman Senti to the Engl e wood
City Council.
Mayor Schwab introduced the new City At torney , Bernard
V. Berardini, t o t h e a u dience.
Mayor Schwab introduced Mrs. Milton Senti7 Mrs. Joh n
J. Lay, son Jerry and d aughter Tanya; and his wife, Mrs. Elmer
E. Schwab and daughter Cynthia.
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Mr. Harold Rust , ma n ager o f the Englewood office of
the Publi c Service Co mp a ny of Col o rado, appe ared before City
Council and reviewed the increase in gas franchise rat es with
City Council. Mr. Rust stated that the elec tric franchise rate
would remain the same while the gas franchi se r a te would b e
increased from two per cent to three pe r cent . This would result
in the City r eceivi ng approximately $37,000 more a ye ar. Mr.
Ru st stated t h at this was t h e same ra e as the Denver franchise
and that th e franch1se ch ecks woul d be delive r ed four times a
year.
Councilma n Kr e 1ling requ e st d th a t the City Attorney
prepar e a writt e n r epo rt on t he inc r e as e in the Publi c Service
Co mpany of Co l o rado's i n c r e ase i n f r a n c hise rates.
COUNC ILMAN LAY MOV ED , COUNC ILMAN KREILING SECONDED,
THA T THE CI TY CO UN CI L ACKN OWLE DGE THE INCREASE IN GAS FRANCHISE
RATE S BY THE PU BL I C SERVIC E CO MPANY OF COLORADO UPON A WRITTEN
OP INI ON OF THE CI TY ATTO RNE Y. Upon th c a l l o f the roll, th e vo t e
r esulted as fol l o ws:
Aye s: Coun c i lmen Br ow n, Dho r i ty, Kreiling, Lay, Lone,
S e nti, Schwab .
a ys : None .
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Absent: None.
The Mayor declared the motion carried.
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Mr . Tom Eitel, attorney, representing South Broadway
Specialties, Inc. and Mr. Saul Leibow, applicant for the transfer
of the Brookridge Pizza Oven, Inc. liquor license, appeared
before City Council in regard to the transfer of said license .
Mr. Eitel presented a new manageri al agreement and sublease of
the premises f rom South Broadway Specialties, Inc. to Mr.
Leibow. Mr. Eitel exp lained the a greement, reviewed the back-
ground of Mr. Leibow and reviewed the background of South
Broadway Specialties, Inc., a Colorado corporation.
City Attorney Ber a rdini discussed the revised a greement
and the ownership of South Broadway Specialties, Inc. Mr.
Berardini stated that LPS Associates owns 52 per cent of the
stock of South Broadway Specialties, Inc. and th a t Mr. Lewis P.
Scifo and Mr. Thomas P. Scifo are the owners of all stock in
LPS.
Mr. Ted Smith , attorney, repr e senting South Broadway
Specialties, I nc., appeared before City Council in regard to
the proposed transfer of the Brookridge Pizza Oven, Inc. liquor
license.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE PROPOSED TRANSFER OF THE LIQUOR LICENSE HELD BY BROOKRIDGE
PIZZA OVEN , INC. TO MR. SAUL LEIBOW BE REMOVED FROM THE TABLE.
Upon the call of the roll, the vote resulted as follows:
Ayes: councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent : None.
The Mayor declared the motion c arried.
COUNCIL MAN KREILING MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE ENGLE WOOD CITY COUNCIL APPROVE THE TRANSFER OF THE
BROOKRIDGE PIZZA OVEN INC .'S LIQUOR LICENSE TO MR. SAUL LEIBOW,
SAID APPROVAL BEING REVOCABLE IF A SATISFACTORY FBI REPORT ON
ALL STOCKHOLDERS OF LPS ,ASSOOIA:I'ES •WHO HOLD OVER TEN PER CENT
OF THE STOCK IS NOT RECEIVED. Upon the call of the roll, the
vote resulted as follows :
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
******
Mr. Jerry Sturm, 3184 West Edgemore Drive, appeared
before City Council in regard to the approved but unissued liquor
license of the proposed Peanut Barrel, 3535 South Huron. Mr.
Sturm stated to City Council members that he had been unable to
pursue the development of the Peanut Barrel license as he had been
out of town in the fall playing football with the New Orlean
Saints and Mr. Nomina who was going to develop the license with
Mr. Sturm had been cut from his team.
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Mr. Sturm stated that he would post a performance bond p a y a ble
to the city of Englewood within nin e ty days should he f a il to
develop the licens e.
City Council dis ussed whether or not the liquor
license authoriza i on should be l aps ed due to the failure to
develop the Peanut Barrel.
COUNCILMAN LON E MOVED, COUNCILMAN LAY SECONDED, THAT
THE LIQUOR LICENSE APPROVED FOR THE PEANUT BARREL BE ISSUED BEFORE
APRIL 6, 1970 OR THE APPROVAL OF THE LICENSE WOULD BE LAPSED BY
THE ENGLEWOOD CITY COUNCIL . Upon the call of the roll, the vote
resulted a s follows:
Ayes: councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays : None.
Absent: None.
The Mayor declared the motion c arried.
* .. * * * *
The minutes of the Planning and Zoning Commission meeting
of Decembe r 2, 1969 were received for the recor d .
******
The mi n utes of the Storm Dr ai nage Commit tee meetings
of December 1 2 and 18, 1969 were recei v ed fo r the r ecord.
******
A report r eg arding final costs and a schedule for
completion of Sidewalk Improvement Di strict No. 69 was received
for the record.
******
Final assessment data on Paving District No. 18 was
received for the record .
* * * * * *
A letter from the Departmen of Housi n g an d Urba n
Development regarding the refusal of said depa rtmen t to provide
Federal aid for the development of a water source of su p ply on the
western Slope was received for the record .
******
BY AUTHORITY
ORDI ANCE NO . 1, SERIES OF 1970
AN ORDINANCE APPROVING AND RATIFYING CERTAIN AGREEMENTS
RELATING TO A WATER RIGHTS DEVELOPMENT PROGRAM BETWEEN THE CITY OF
ENGLEWOOD, THE CITY AND COUNTY OF DENVER , AND AMERICAN METAL CLIMAX,
INC ., AND DE LARING AN EME RGENCY .
(Copied in full in the official Ordinance Book.)
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COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
ORDINANCE NO. l, SERIES OF 1970 BE PASSED ON FINAL READING AS AN
EMERGENCY ORDINANCE AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD
HERALD AND ENTERPRISE . Upon the call of the roll , the vote resulted
as follows :
Ay es : Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab .
Nays: None .
Abse nt: None.
The Mayor declared the motion carried.
BY AUTHORITY
ORDINANCE NO . 2 , SERIES OF 1970
AN ORDINANCE AMENDING SECTION 6 .7-22, "SICK LEAVE"
OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO ,
GRANTING ADDITIONAL SICK LEAVE BENEFITS TO REGULAR EMPLOYEES
OF SAID CITY AND DECLARING AN EMERGENCY .
(Copied in full in the official Ordinance Book.)
COUNCILMAN LAY MOVED, COUNCIL MAN BROWN SECONDED, THAT
ORDINANCE NO. 2, SERIES OF 1970 BE PASSED ON FINAL READING AS AN
EMERGENCY AND PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND
ENTERPRISE . Upon the c all of the rol l , the vote result e d as
follows :
Ayes : Coun cilme n Brown, Dhority , Kreiling, Lay , Lone,
S e nt i, Schwab.
Nays: None.
Absent: None.
The Mayor declared the mot1on carried.
* * + * * *
City Attorney Berardini indica ed that a number of
l egal decisions affecting the City of Englewood h a d been r eceived
and that he wished to review these with City Council a an informa l
session .
A study session for January 26, 1970 was established .
* * * * * *
City Manager Dial pr esent ed the estimates for Paving
District No. 19 and a list of proposed streets. Mr. Dial
ind1cated that in all year s prior to 1969, fiscal agent ser-
vices had been obtained from a Colorado bond house. However,
in 1969 due to the h1gh bid s received and the l ack of competi-
tion in the bids, fiscal agent services h ad been accomplished
by the Department of Finan ce. Mr. Dial 1ndicated that the
Department of Finance would again perform this function for
Paving District No . 19 .
It was the consensus of City Council that a review
and decision of the streets to be included 1n Paving District
No. 19 be reached at the January 26, 1970 study session .
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city Manager Dial indicated that right of way acquisi-
tion would be necessary upon two streets proposed for Paving
District No. 19. Mr. Dial briefly reviewed the right of way
required.
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City Manager Dial indicated that a public hearing by
the Colorado Department of Highways would be held on Janu ary
7 , 1970 concerning the proposed ali gnment of Interstate 470.
Mr. Dial discussed the various alternate routes wh ich would go
by the McLellan Reservoir property. Mr. Dial stat ed th at it
wa s his recommendation to Council that the City Council recom-
mend the I 4 70 alignment which would parallel the south shoreline
of McLellan Reservoir.
It was the consensus of Council that this recommendation
be accepted.
* * * * * *
City Manager Dial st a ted that Mr . Lyon , Director of
Finance, had r equested that Mr . Hugo T . Ruggiero, Purchasing
Agent, b e allowed to attend a Purchasing Management Seminar in
Tempe, Arizona from Feb ruary 15 to 20, 1970. Mr. Dial indic a ted
th a t the cost of the Seminar would no t exceed $500.
COUN CILMAN KREILING MOVED, COUNCILMAN LONE SECONDED,
THAT THE OUT-OF-STATE TRIP OF MR . HUGO T . RUGGIERO, PURCHASING
AGENT, TO ATTEND THE PURCHASING MANAGEMENT SEMINAR IN TEMPE,
A~~ZONA FROM FEBRUARY 15 TO 20, 1970 BE APPROVED AND THAT THE
COST OF SAID TRIP NOT EXCEED $500. Upon the c al l of the roll,
the vote resulted as follows :
Ayes: Councilmen Brown, Dhority, Kreiling, Lone ,
Se nti , Schwab.
Nays: Councilman Lay.
Absent: None.
The Mayor declar ed the motion carried.
* * * * * *
City council d iscussed the enlargement of the Bus
Committee b y one member. After discussion , Councilman Senti was
a ppo inted as a third City Council member of the Bus Committee .
* * * * * *
City Manager Dial indicated th a t a dinner honoring former
City Attorney John A. Criswell would be held on January 7 , 1970
at Columbine Country Club at 6:30 P.M.
******
Ci t y Man g r Dial indicated tha the projected year
ending balance i n h e General Fund had been $77,000 and that the
actual balance was in e xcess of $101,000.
******
Mayor Schwab indicated that the City Council resolution
concerning the cons ruction of the Mount Carbon and Chatfield Dams
had been received by Colorado Senators and Represen atives.
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Councilman Dhority wondered why the automatic renewal of
liquor licenses could not be accomplished without the involvement
of Ci t y Counci l if there were no police problems with the outlets
during the year .
* * * * * *
Councilman Brown discu ssed hi s negative vote on the
appo intment of the Englewood Herald as the official City news-
paper and inquired of City Attorney Berardini whether the City
of Englewood could have two official newspapers.
* * * * * *
Mayor Schwab inquired as o what would be required to
chang e the term of office of t h e May or from two years to one year.
* * * * * *
COUNCILMAN KREILING MOVED, COUNCILMAN BROWN SECONDED,
THAT THE MEETING BE ADJOURNED . Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilmen Brown, Dhori ty, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried and the meetin g adjourned
at 11:31 P .M.
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"SPECIAL CITIZEN PROGRAM INVITEES" -January 6, 1969
Precinct No. 1 -Mr. and Mrs. Robert Fowler, 2318 West Warren Avenue
Precinct No. 2 -Mr. and Mr s . Wm. J. Wise, 2815 South Acoma Street
Precinct No. 3 -Mr. and Mrs. Herbert Jewell, 3134 South Sherman Street
Precinct No . 4 -Mr. and Mrs. B. L. Norman, 3740 South Delaware Street
Precinct No. 5 -Mr . and Mr s . Larry H. Lloyd, 2739 South Washington Street
Precinct No . 6 -Mr. and Mrs. Henry Sportel, 1440 East Amher st Avenue
bt{cinct No. 7 -Mr. a.•¥ U;~;s. Steve O'Kane, 3146 South Vine Street
Precinct No. 8 -Mr. and Mrs. Glen H . Harris, 3442 South Logan Street
Precinct No. 9 -Mr. and Mrs. Carl I. Tooley, 4000 South Pennsylvania Street
Precinct No. 10 -Mr. and Mrs. John Fattor, 4120 South Inca Street
Precinct No. 11 -Mr . and Mrs. Joe Wensky, 4161 South Grant Street
Precinct No . 12 -Mr. and Mrs. Otis L. Bailey, 4353 South Elati Street
Precinct No . 13 -Mr . and Mrs. W. L . Martinez, 3227 We st P imlico Avenue
Precinct No. 14 -Mr. and Mrs. Bennie L. Denton, 4881 South Lipan Street
Precinct No. 15 -Mr. and Mrs. Cullen W. Clark, 4810 South Inca Street
Precinct No. 16 -Mr . and Mrs . Lawrence Klouster, 4939 South Sherman Street
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co'PY PUBLIC S ·ERVICE COMPANY OF' CO L ORADO
Mayor Elmer E . Schwab
City of F.nglewood
3400 Elati S rcet
Englewood, Colorado 80110
Dear Mayor Sch1~ab:
DE:NVE:R ,COLO R A D O
January 5 , 1970
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a !'ranch
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Reference s made to People 's Ordinance No . 1, Series of 1963 ,
se by the City of Englewood to Public Service Co~any of Colorado .
The Company is now providing i n newly negotiated franchises to
pay to cities s:l.m1lar to the City of Englewood i n t h e Denve r metropolitan
area , effective January 1 , 19 70 , franchise payments higher than that
provided in the Co~any 's franchise with the Ci t y of Englewo od . Due to
this fact , the CCXJ;)any feels it appropriate to pay the City of Englewood
franchise payments which will be consistent with the payment s to be paid
in other similar cities in the Denver metropolitan area in lieu of any
taxes or payments no~Y provided for under its franchise with he City .
Confirmip~ our discussions , this is to advise you that beginning
January 1 , 1970 , to the termination of the franchise , the Company shall pay
to the City as franchise payments a sum equal to three percent ( 3%) of the
first ten thousand dollars ($10 ,000) of annual gross revenue erived !'ron
the sale of electric energy and of the f i rst ten thousand dollars ( 10 ,000)
of annual gross revenue derived fran the sale of gaseous fUel , to each
cus tom:!r at any one location , and a sum equal to two percent ( 2%) of the
annual gross revenue derived fran the sale of electric enerm or gaseous
fU el in excess of ten thousand dollars ($10 ,000) to each cust a~e r for each
such service, so used at any one location , provided , however , here shall
b e excluded fran all of such gruss revenue , all aroounts paid to the Ccrnpany
by the City for street and park lighting. The term "gross revenue " as
used herein shall be construed to mean any revenue derived und e r authorized
rates , temporary or permanent, within the City from the sale o ~ electrical
energy and gaseous f'uels a f ter the net write-off of uncollect1ble accounts
and correc ions of bills the fore rendered , and in the event that the
gross rev nue of he Corrpany for any period of time during th te of
the franchise is sub::;e u ntly reduced by virtue of a refund tc . any of the
custaners of the Company upon which the above referred to frruwhise pay-
m:!n i s calcula eel as a resul hereof he Company has pai •i in excess
of the perc n of its c;ross revenue provic;Jed he in as so adju!' :.e for any
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} PUIILIC S~RVICE COMPANY 0~ COLORADO
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Mayor Elmer E . Schwab -2-1/5/70
such period of time, the Canpany shall be entitled to a refunl fran the
City of all said amounts paid in excess of said percentage of its gross
revenue as adjusted by such r ef'urrl.
'lhe above stated franchise payments shall be in lieu of all occu-
pancy arrl license taxes arrl all other special taxes, assessments or excises
upon the pipes, mains, condu1 ts , poles , wires or -other property of the
Corrpany, or other levies that might be imposed, either as a franchise tax,
occupancy tax , license tax, permit charge, or for the inspection of pipes,
rhains, meters, poles and conrlui ts , or other property of the Corrpany, or
othendse.
Payment shall be made as follCMs :
On and after January 1, 1970, the C<Jlllacy shall on or before
March 31 of each year , make an estimate of the total franchise
payments to be paid to the City for the cUITent year, arrl shall
pay one-fourth (l/4) of said estimated amount on or before
March 31, June 30 , September 30 arrl December 31. Adjustment
for any differences from payment calculated on actual revenue
shall be made with the March 31 payment in the follCMing year.
Said franchise payments by the Corrpacy to the City of Englewood
shall rot in any way be construed as in any respect changing, modifying,
enlarging or abrogating the terms or corrli tions of said franchise granted
to the Canpacy by People's Ordinance No . 1, Series of 19 63 .
'lhis letter is sent in duplicate. We would appreciate your return-
ing the copy indicating the City 's acceptance thereof so that the Company
may take the necessary steps to adj ust its books to reflect the new franchise
payments arrl procedure.
Ac cepted :
Ci t y of F.nglewood
RS/pl
Very truly yrurs,
aAL.PW u.a<*HT, ...
Ralph Sargent, Jr.
Vice President
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SOUTH 13HO/\DHAY SPECIA LT IES , INC .
AGR EEMENT AND SUB LEASE
THIS AGREEMENT e nter e d into this fif th day of
January, 1 970, by and betHe e n SOUTH BROAmvAY SPECIALTIE S, INC .,
a Col orado c orpor ation (h e r e inafter r eferred to as th e "C omp a ny ")
a nd Saul Leibmv (he r einafte r referred to as the "Subtenant ").
Recitals
The Company has acquired the business and certain of
the assets of the restaurant b usiness presently being conduc te d
under th e name and style of "Hey Louie" at 5180 South Bro ad~o~a y,
En g lewood, Colorado . The Sub tenant intends to operate a
restaurant on the aforementioned premises under the name
"GUESPATO CRISTOFOLO CHIACCHI ERONE" (hereinafter referred Lo a s
the "Restaurant").
The Subtenant is e xperienced in the business of
managing and operating resta u r a nts and wishes to become a n
ope rator of the Restaurant and to acquire a right of poss e ssion
of the premises of the Restaurant in order to engage in the busi-
ness of a liquor licensed restaurant. The Subtenant has obtained
shares of stock of the Compan y .
Ag r e ement
1. The Subt e nant shall operate the Restaurant i n
s uch a manner as to ensure that the Restaurant is at all t im e s
efficient, sanitary and i n all respects desirable to the gcn ral
public . Th e Subtenant shall e n gage in the busine ss of se lling
alcoholic, spirituous and malt beverages to the general pu blic;
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s hall comply i n all respects with the Colorado Liquor Cod of
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l'JJ5, a s am e nd e d; a nd to t h e se e nd s s ha ll apply t o appropriate
lic e n sin , auth or ities f or a lic e n s e for the sa le of s uch
bev craB0 S at the Resta 1rant. The Sub t e nant shall exer t hi s best
e [for ls to make profitable t h e busines s of the Restaurant.
Th e Su bt c ant s hall do nothin g to d e t ract from or refl ect adversely
upon t h Res t a urant, its b u sin e s s and it s reputation and sahll
c on tinua lly main ta i n a person nl r eputa t i o n in his community for
honesty , i n tegrity and go od cred it.
2 . For and in con sidera tion of the operation of a
liqu or licens ed re staurant by th e Subt enant, the Subtenant shall
be comp n s ated a t t h e ra t e o f $L2,000 per year by the Company,
comm encing on J a nuary 12, 197 0, a nd in a ddition shall receive
f iv percen t of th e en tir e ne t pr ofits b efore payment of income
tax es o f t h e bus iness of the Res taurant, computed on a quarterly
b as i s. Thi s paragrap h 2 sha l l not be construed to entitle th e
Subt e n an t to any perc en t a ge or p art of t he receipts from any
sale of t he e nt ire b usiness o f r h e Re staurant or from the sale
of any equipment or other i t em r items n ot in the ordinary
cour se of bu s ine ss o f t he Re staur ant.
3. This Agreement may be terminated at any time by
either party, with or without cause, by written notice by
certif i ed mai l , return receip t r equ ested , addressed to the
Com pany a t 14 0 5 \.Jest 38 th Av en e , Denv er , Colorado 80211 or to
the Su b tenant at 5 180 South Br o a d~•ay, Eng lewood, Colorado . Such
terminat i on s hall become effect i v e t\vO \ve eks after the date
of mailing of notice of termination or o n such date as the
lic ensing authorities of the City of Eng l ewood, Colorado or any
succ essor thereo f , approve the c hange o ownership of a license
for sa l e of alcoholic, spirituous and malt beverag es at the
Restaura nt i n a n d to the nam e oE a ny other person design ated by
the Company, Hhic h ever date is later. The Subtenant s hall not
apply for a tran sfer of location of the license without the
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Hrittcn permission of th e Com p<ln y. The Subt e nant s hall be paid
all comp e n s ation due a nd owing pursuant to th e provisions o f
para g raph 2 h ereo f until such effective date o [ termination.
4 . The Subte nant has acquired 5,000 shar es of the
no -par comm o n stock of th e Company and has become a party to
the restrictive stock transfer agr eement entered into by th e
Co mpa n y and any or all of its shareholders. In addition to
being bound by the terms and restrictions of any such restrictive
stock transfer agreement, the Subtenant a g rees that, for and in
con sideration of the mutual covenants contained in this
Agreement, the Subtenant shall sell any shares of stock of the
Company held by him to the Company if this Agreement is termin-
ated pursuant to paragraph 3 by either party at any time. The
Company shall pay in cash to the Subt enant for such shares a
sum equal to the greater of (a) the current value of all assets
of the Company except goodwill, less all liabilities of t h e
Company, as determined by an accountan t mutually a g reed upon
by the parties, multiplied by the rat io of the number of s uch
shares held by the Subtenant to all issued and outstanding sha r e s
of stock of the Company, or (b) four times the net earnings per
share of stock of the Company for the twelve-month period
preceding the sale afte r payment of income taxes, which earnings
shall be determined by an accountant mutually agreed upon b y
the part ies , multiplied by the number of such shares held b y
the Subtenant. The provis i ons of this paragraph 4 shall apply
to and be b i nding upon any pledgee, lienor , or encumbranc er of
shares h e ld by the Subtenant and upon any transferee of s uch
shares by way o f g ift or for less than full and adequate con sider -
ation.
5. The Subtenant understand s that as a part of his
obl igation to op e rate th e Restaurant he may be required by the
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Compnny to obtain an approprinte lic e n se for th e s al e of
alcoholic, s p i rituous and malt bev e rages b y t h e Restaurant. The
Su bt cn3 nt agrees to execut e any and all instrume n ts d e em ed n e c es s-
ary by the Company to requ i re that the interest of the Subtenant
in and to any such l i cen se be surrendered in favor of the
Company upon the occurrence of events specified by the Company,
inclu ding but not limited to t he termination of this Agreement.
Hmve ver, the Subt e nant shall continue to serve as such until
such time as the licensing authorities of the City of Englewood,
Colorado or any successor thereof, approve the change of
ownership o f a licen se for sale of alcohol ic spirituous and malt
beverages at the Restaurant in and to the name of any other
person designated by the Company.
6. The Subtenant understands that one or more other
persons may be employed to serve as manag ers and operators of
the Restaurant and that the Company ma y contract for the
Restaurant advising a nd consulting servic e s of LPS Associat es,
Inc., a Colorado corporation. The Subtenant agrees to cooperate
with and assist any such other managers and with officers,
agents and employ e es of LPS Associates, Inc., and to allow
access to the Restaurant to officers, agents or employees of
LPS Associates, Inc. for inspections or any other purpose at
any time.
7. Th e Subtenant a g rees to supply to the Company at
any time upon its r e quest all records, receipts, bills, memoranda
and \-T ritten material of any kind wha tsoev er concerning th
Restaurant and its operations.
Sublease
By virtue of an ass ignm e nt of December 1 9 , 1969 , the
Compan y is 1 ssee under that certain l ease dated July 15, 1965
(h ereina[t:cr referred to as the "Lease ") a n d all amendme n ts and
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addenda Llll'rr ~lo, by :.~nd hel.Hecn ll c y Loui e , lnc., a Colorado
corporal.i.on, and South Brookridge Shopp.in g Center, Inc. For
and in considcr.:1lion of th e mutual covenant s c o ntained herein,
the adequa cy of 1.,r h ic h consideration is h ereby acknm·1ledged , the
Company docs hereby s ublet and grant to the Subtenant all rights
of occupancy, possession, control and enjoyment of the pr emises
demi sed by th e Leas e to the extent that such demised prem i~e s
are her eaf ter used for the operation of the business of a liquor
licensed restaurant, TO HAVE AND TO HOLD the same as subt e nant
from January 1, 1970, and thereafter, at the will of the Company.
The Company makes no ,.1arranties nor covenants in granting such
subtenancy.
The granting of such subtenancy shall not limit,
restrict or affect in any manner the obligations of any person
under the Lease or any agreement or guarantee.
Prior Agreement
That certain ~~nagement Agreement of date of
November 25, 1969, by and be~veen South Broadway Specialt ies,
Inc., a Colorado corporation, and Saul Leibow , is hereby
rescinded and revoked in its entirety. All rights, duties and
obligations of the Company and of the Subtenant shall henceforth
be as set forth in this Agreement and Sublease of the date
above first mentioned and any subsequent amendments ther eto .
SOUTH BROADHAY SPECIALTIES , INC.
d~L/J.~
oseph P. Triolo
President
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COUM<f6 ION '"'l'y .
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C lTY OF ENGLEWOOD PLANNING AND ZONING
REGULAR MEETING
Decemb e r 2 , 1969 ~::~~,
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J . CALL TO ORDER .
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The regu la r meet1ng of th e
cal l e d to order at 7 :5 5 P .
o(o
City Plann ing a nd Zoning Commiss i on was ·
M. by Chai r man Woods.
Members P rese n t : Carlson; Le nts c h ; Touchton ; Woods
Roma ns , Ex-officio
M mb e rs Abs e nt : Lone; Parkinson
Also P rese n t : City Attor n ey Criswe ll
II , APPROVAL OF MINUTES .
Cha1rma n woodsstat e d that th e Minut es of Nov mber 18, 1969 , were to
b e cons 1d ered f or approval.
Carlson mov e d :
L n sch seconded : The Minutes of Nov emb r 18 , 1969, b e approved as
writte n .
The motio n carried unanimously.
l TT. MR. JAY PETTITT
30/5 S . Santa F e Or.
CONDITIONAL USE
Mob1I e Rom e Park
CASE #42-69B
Nov. 18 , 1969
Oct . 28 , 1969
Mrs . Romans stat e d that Mr. Machol, counsel for Mr. Payton , th pr s nt
own er o f th sub ject property , had calle d th e Planning Office arli r
111 t h e day and stat d that neith e r he, on behalf of Mr. Pa yton, or Mr .
P ett i tt wo uld b in atten~a nc e this e vening , inasmuch as th e1r pr s nta-
t 10n wa s not ful l y pr par e d . Mr. Machol stated that th ey would lik to
att e nd the meeting of Decemb e r 16, 1969, for further discussi o n on
Mr. P ettitt's r quest for expansion of a Mobile Hom e Park at h e above
address .
TV. MR . ARTHUR HENRY
1905 west Ra rvard
SUBDIVISION WAIVER CASE #44-69
Mrs. Romans display e d a land us e map of th e are a , and point e d out t h e
property which is owned by Mr . He nry . Inasmu c h as Mr . He nry c ould no t
b at the mee ting, Mr. John Lind was in attendance as his representative .
Mr . L i nd ex plain e d that Mr. He nry wants t o c onstruct an office building-
warehou se complex on t h e property. Th e right-of-way for th e north 3 0
fl. of W st Harvard Av e nu e has been d e d ic at e d f rom the south 30ft . of
•h parce l . Th e prope rty extends north to what would be th e c nt er l1n e
of West Baker Av e nu e, were it to b d e di at d to a 60 ft. width how ever ,
and 1t wi ll ben cessary for Mr. He nry to d e d icate th e north 30ft . of
h1s property for the south on e -hal f of W st Bake r Avenu e . Mrs. Rom ans
stated that this should b e a point of consideration, inasmuch as We st
Bak r Av e nu is proj cted to be ope n e d to provide access to this lndus-
lrtal area .
Mr. L1nd pr s nt d m mbers with a survey of th area, and stat d that
tht was only for th south half of th property. The nor th half of
the prop rty is us d for storage of construction equ ipment, and Mr.
Henry int nds to continue that usage.
Ot USS10n follow d. Mr.
a d
Lind stat d that Mr. He nry was wi ll i n g to g 1v
dl 10n for th required 30 ft. right-of-way f or West Baker Avenu
II sta d that Mr. H nry rea li z s t hat W st Bak r will hav to b wid ned
lO prov1d ace ss for development, and t h at it wi ll b e to h is b n fi to
hav I h tr t op n d. Mr . Criswell sta d that the Wa iv r, w r th
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Comm 1sS1 0 n to dec1d e to approv the req u st for a Waiver , could b e
co nd111on e d upon r c tpl of a D e d for th e 30ft. r1ght-of-way for the
South one -half of W st Bak e r Ave nu e . D1 scuss1on fo llowed.
To u chto n mov d :
Ca rls o n s eco nd d : That t h e application b y Mr . Joh n L1nd , o n b e half of
Mr. Art hur He n ry, for a Subdivision Wa1v e r for ~he
proper y d s r1b d as fol lows: Commencin g at a po1nt 330 ft. we s t of
•h e SE cor n er o f S ~ swt Et swt , S ect 1 o n 28 , Township 4 S o uth , Ran ge
68 Wesr . th e n ce w st 61 ft. to a point , th n ee north 330 ft., t h e n ce
e a st 6 1 fl .. th n ee south 330 ft. to t h e poin t of beginn1n g , EXCE PI t h at
pare 1 co n v .y e d by 1nstrume n t recorded 1n Boo k 593, Pa ge 260 , 1n the
reco rds of Arapahoe Cou n ty, Colorado , b approv e d conditioned up on th e
rcc 1pL of a Deed t o t h e City of t h e nor t h 30 ft . of the parc e l f o r th
r1ghl-o f -wa y for t h e south one-hal f of We st Baker Av e nu e, s u c h De e d to
b e approve d by th City Attorn e y.
Th e m0 1IOn c arr1 e d unanimously.
~rR. OR A FLE IS CHER
320 1 S Santa Fe Dr .
SUBDIVISION WAIVE R CASE 11'45 -69
Mrs. Roman stat d that Mr. Fleisch e r was int rest e d i n pr oper y to
t h south o f Dart mouth Av e nu e, on which prop rty it is h is tnt e nt ~o
cons tru c t a ar-was h. Th e prop e rty is not plat e d. Mrs . Romans pr -
s nt e d m mb rs w1th pictures of a propos d car -wash wh1ch Mr. Fl e ts ch r
had f tl d w1th his applicatio n for a Waiver to the prov isto ns of th
SubdtvisJ o n R gu lat1o n s. Mrs. Ro man no d t hat t h ere was n o n d t o r
add ttJ o nal str t r 1 g ht-o f -way at this t 1m on South Santa F e Dr1v ,
and th u t tl itl to s rv th sit ar i n. Dis cus sion follow e d nn th
mer1ts of r qu1rlng a Subdivision Pla t , or a Waiver thereto , for th1
s t t e , 1nasmu h a Mr . Fleisch r do s not int nd to sell any p ortt n of
th land at h1 t1m a nd th prop rty has acc e ss onto a d e d i at d
s re Mr . Roman po1nt d out that tn e n tire par ce l will no b
Utili ? d by th < propo d ca r-wash , and that a n ot h er us e could b
ba k port1on of th property. Fu rt h r discussion fol l ow
a d th at h do e not 1nt nd to have a s ec ond us on th
and that t h c ar-wash w1ll ncompass "almost a ll " of h
f th propos d build i n g on th s ite was di scuss d .
d that th er IS a 27 ft . s tbac k from the r1ght -of-way
anta F e, and at l e ast 30 lo 35 ft. s etback from t h
l1n . Mr . Fle isc h e r s tat d h e ope rates a car-w ash in Lttt l e t on ,
th r ha no t b n any probl e m in "s tac kin g" of cars one th y hav e
1en hrough t h e car-was h its e lf , e v e n when t h ey t ak e advanta ge f
vacuums wh1 h ar e us d aft e r was hin g th e car . Mr. Fl ei sch r d
p l an s to have th e sam e layout on this si te, and does not an t 1c1pat
any sra c k1n g prob l m e xc e pt th os e wait1ng to go t hrou g h th car-wash
1•s l f . D1scuss1on fo llowe d . It was d eterm in e d by the CommlSSl on , upon
h adv t e of ·h e City Attorn e y , that Mr . Fl e 1s cher should n ot b r qutr e d
t o app ly for a Subdiv1s1 o n Waiv r 1n ord e r to co nstru ct the car-wash o n
•hts s 1t
Mrs. Ro mans asked if it w r e a orrect 1nt rpretat ion of th Co mm1s sio n s
d c tst wn t hat mat e rs su ch as t his on e JUSt considered , should not o m
b •f•H·e th e Commission unl e ss add1t1o nal tr t r1ght -of-way , a
•t c. •ou ld b r qu1r d ? Sh e as k d 1f th1s we r e t h e cas , 1f th staff
shnu ld re v1 w suc h matt rs in th e fu1ure? Fu rt h r disc ussion foil wed .
>,n Jtnal dtr t1on wa g1v n to th t.aff , bu1 it was suggest d that
the applt I r a Bu1ldtng P rm1t und e r s1m1lar c 1rc umst anc s s hould
bt• not1 J 1 cd ha b e for e any furth r div1s1on of the prop r1 y cou ld 1 ak
pla •h rP w uld have to b compl t nc w1th t h e Subdivis ion R g ulat1ons.
I I.
\It• • talk d to th downtown m r hant and
w k to d 1 cus th mat er of a qu11'1ng
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\11 . SWEDISH MEDICAL CENTER.
Mrs . Romans and members of th CommiSSion who attended the joint
mee ting of the Planning Commission and the Board of Directors of Sw e dish
te d1cal C nter on ovember 22 , 1969 , reviewed that meeting and 1h e 10ur
through th Hospital facilities. Discussion fo llow e d . The Commis t o n
d11· c1ed ~Irs . Roma ns to write a letter to Swedish Medical C e nt er expr ss-
Ing th e appreciation of the Commission for the opport uni ty tom t w11h
the Board of Dir ecto rs and th tour of the Medical faci liti es.
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Th s1alus 0 1 th reviSion ol the Compreh e nsiv e Z oning Ordinan was
d1scuss e d . Mr. Carlson stated tha he felt that Mr . Criswell and Mrs.
Rnmans hav gotten into the revision of the Ordinance far e nough that
valuable time would be lost wer e the matter to be remo v ed from Mr .
Cr ts wel l 's hands when his r e signation as C1ty Attorn ey b ecome s e ff ect 1ve
December 31st . Mr. Carlson stated that the Commission should sugges 1
to City Coun il that Mr . Criswell be authoriz d to proc d on the r -
~lSlOn o f the Comprehensive Zoning Ordi nance. Mr . Cris w 11 stat d tha
h would hav e no objection to co ntinu e working on th e Ordinan e alt r
hts t rm of offi e e xpir e s , and that h e f lt th Council would . In all
probab ili ty , tell Mr . Be rardini , the new City At tor n y . and h1ms lf to
hanrll th e transition of the duties i n the way lh ey f lis bes1 . In
this vent h wo uld plan to co ntinu e hi s work on th e Ordinanc e.
IX. R-3 REQ JRED OFF-STREET PARKING .
Mrs . 'lfom ans stat d that she was very mu ch cone rned about the problems
that ar e arising around the apartment hous es within th City. Park1n g
J or Lh t nants 1s not being provided on a 1:1 basis as IS rcqutred
by 1h e 01·d1nan 1n every 1nstance. P eop l e who liv adJac nL o th e
apartm nt houses are complaining b eca us e the tenants and th 1r gu srs
arc park1ng in th e ir driv ways, occupying the e ntir e str e t park1ng area .
t . A surv y of surrounding jurisdictions was mad on th off-str t
requtr m nts for the ir Multi-family Zon Districts , and two of th m
r qutr no off-street parking; four requtre one space per unit . and
an 1 qutres lj spaces per unit . One jurisd i ction stated th y would
pre l r 1~ spaces , and another 1s planning to go to l-3 /4 spa s p r
un11 Another requir ement which Mrs. Romans felL must b e wrtttcn 1nro
th Ordinance when It is r v1s d , I a m1n1mum size parkin g spaL
M1s . R mans sLated that she felt a minimum w1dth of 9ft . should b
1 c qu1r d for a parking stall . D1s ussion follow d. Mrs . Romans th e n
ga~ m •mb rs a copy of a surv ey of th apartmenl houses in Engl wond
sh•>'.W ing th e number of un its , t.he numb r of parking spaces be1n g pnw1ded ,
the p rcentage of lot coverag , th y ar built , etc. This sch dul was
1 v1 w d . Mr . Criswell stated tha h was under the impression lhar
appltcants for R-3 Zoning have sta d In Public Heari ngs that lendtng
1ns 11u1 tons wi ll not finance aparlm n onstru lion unless parktng 1
pro 1d d at l ea st li :l . H con lud d from this survey that t hts 1s
ob~1o~us l not orrect. Furth r d1scussion followed. Mr. Carlson not d
t ha • an h r change h felt should b mad 1n the Ordinanc 1s to p l'mtr
th 1· qu1red off-sLr t parking to be loa ed across the street or alley
from th subJ t buildtng . W p1· s ntly r quire it to b on the same
s1• Mrs. Romans agre d that th1s should b changed. Brief d1scusston
f0llow d . No action was tak n at this Llm
X. MOU I J E HO~E PARKS.
~11·. Ca1·Tson s ar 1at h and Mrs. Romans had toured th e Payton Park
Mnb tl c 11om Pat·k on December 1 , 1969 , and th n had toured ad.]a c nt
mob il e home parks . Mr . Cae ls on diS uss d th ondttions found at Payton
Park and c ompar e d tr with the ond1t1on of annth r mobil e h me park to
th e snuth of Payton Park, where th re was gra s , where no trash 1s
s•orcd around th mob1le hom s , and wh r som tenants have tnstall e d
p i k t I nc s al'ound th mobil home . Mr . Car lson stated that 1n h1s
•1 fHiltt111 thts Park at 3141 South Santa F Dt"l is In general a nt ce
park Mr. Carlson noted that Payton Park has 13 mobil homes at th e
p•· s nt 111n e . II stated that he was ready to suggest to Mr. P e rttt
at rn next m t1ng , that lh Payton Mobil Home Park be bou ght up t o
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stand ar d s as the Park at 3141 South Santa Fe Dr1ve has been. and tha
h e would recomm nd that the Comm ission g1ve Mr . P e t1tt p erm1ss1 on to
have 17 tra1l r spaces. Discussion followed.
Th me t1ng was adjourned at 9:50 P. M.
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Persons present:
City Council: Mr . Lone, Mr. Brown , Mr . Kreiling
Staff Me mbers: City Manag er Dial , City Attorni e s Criswel l
and Berardini, Plan nin g Dir ector Roma ns.
Citize ns: Mr . & Mrs. John Ti eri : Ruth Hans e n ; Lorrain e
Ma c Askill ; A. G. Bergeson ; Barbara Burg e t ;
Ver den D . Wightman ; Coy L. Horton ; Ed G. Snow ;
Je ssie We lls ; Doris Wells ; Teedy Kern; William
H. Triggs ; Mrs. W. H. Stobaugh ; Harry W. Barrett ;
Daryl Waskiewic ; Mrs. Betty Waskiewic ; Sherran
C. Penn ett a ; Shirley J. Olson ; Oliv er Giseburt ;
Mrs . Ethel Stroh ; Conrad R. Stroh ; Bud Quinn ;
Mari e O'Bri e n ; Ire ne M. Kay ; Mr. & Mrs. T. M.
Workman; Mr. & Mrs. B i llbu rg ; George T . Meskis.
The meeti ng was called to order at 7:50 P . M. by Counci lman Lone,
Chairman of the Council Storm Drainage Committ ee. Mr. Lone introduced
the me mbers of the City Council and staff who were pres ent.
Mr. Lone asked City Attorn ey Criswell to explain what ef f ec t th e d efe at
of the Charter amendment relative to persons eligible to vote in Bond
Elections would have on the proposed Storm Drainage Bond Issue.
Mr. Criswell explained that the United States Supreme Court had recently
decided two cases which in effect have made it unconstitutional to
limit the vote in certain bond issues to tax paying electors. It was
on the basis of these decisions that the City Council had placed the
question on the November ballot as to wheth e r or not the City Charter
should be amended to authorize all qualified e lectors to vote on
issuing general obligation bonds. This amendment was defeated, and
therefore, the Englewood Charter still provides that the vote on
general obligation bond issues be limited to taxpaying electors ...
persona who both own property and live within t he City. Th e Unit e d
States Supreme Court on the other hand , has given th e opinion that all
qualified voters whether th ey own real e stat e within the City or not
may vote in a Bond election.
Mr. Criswell stated that befor e any governmental agency can issue bonds ,
that agency must have an opinion from a recognized Bond Counsel that
the bonds are legally approved , and that anyone buying bonds would then
rely on this opinion. Mr. Criswell r e viewed that at the Storm Dra i nag e
meeting some four months ago , it was decided that it would be rather
impractical to attempt t o impl e men t the storm sewer program without
issuing bonds . It was the opinion of the Bond Counsel that th e Chart er
would have to be amend e d in view of the U. S. Supr e me Court dec ision.
Mr. Criswell said that two points s eem to be cle a r: first, it would
appear that it would b e financially and economically unfeasible to c arry
out the Storm Drainag e program within a relatively short period of time
without a bond issue ; and second, that a recognized Bond Counsel will
not approve the issuance of bonds which have not been approv ed by a
ma j ority of those persons voting , whether or not they are property
owners .
Mr . Criswell e xplain d that it might be possibl to hav an e lection
to amend the Charter to allow the City Council to lssue bonds without
an election on th e specific bond i ssu . Such an lec tion would have
to be approved by a ma jority vote of all of th 1 ctors in the City.
He stated that until this typ of an amendment passes, that a bond issue,
in his opinion , would be unlikely. Mr . Crisw 11 said that if the City
Council were to d cid to place such a Charter amendm nt on the ballot
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at a special e l ec tion that ~h(s would tak 45 days, and if it passed,
it would tak e anoth e r 45 days before the bonds cou ld be sold. There
would also n d to b e considerable work don to pr e pare th e d e tailed
plans and s p cifications, ~o advertise for bids, ~t c .
A p rson in the audience asked wheth e r or not the City Council had come
to any d cision r eg arding the Storm Drainag e issu e? Mr. Lone exp lain ed
tha t the City Council had referred the Chart er am e ndm e nt to th e people
upon the r ec ommendation of the Bond Couns e l because of the Council's
int er st in the storm sewer bond issu e. Mr. Lon e reemphasized that
had the am e ndm e nt on the November ballot pass e d , much tim e would have
been sav e d. He e xplain ed that the purpos e of this mee ting was to
assess th e position of th e City as a result of th e d e feat of the amend-
me nt. Councilman Brown added that by th e passag e of Resolution #23 of
'6 9 , the City Council had d emonstrated th e ir willingn e ss to stand behind
th e problem and to help with the solution of th e problem. Mr. Brown
stat e d that the defeat of the Chart e r amendment was an "indirect defeat"
to the Storm Draina ge program , but that, in his opinion, the Council is
going to do e verything within its power to try to get around the ob-
st acl es which have come up.
A person in the group asked whether or not it is within th e pow e r of
the City Council to put the matter befor e "all of the people"? Mr.
Lone said in response that it would appear to be so, and that if nothing
e ls e, the Council would have the authority to put the question to a
vote. Mr. Lone stated that the Storm Drainage Committ ee of the Council
would request that a Resolution be pr e pared to present to the City
Council at the meeting on De cemb e r 15th. Mr. Criswell said it would
not be possible to have a Resolution prepared before the first meeting
in January. Mr. Lone explained that he hoped that by directing the
Attorney to prepare a Resolution to pres e nt to the City Council , that
the people interested in the matter could get an indication of the
Council's intent and could then move ahead.
Mr. Dial stated that if a bond issue were to carry, that it would
require a two or three mill levy to retire the two million dollar
plus bond issue. He stated that he was of the opinion that the Council
would be remiss if they "pushed fast" unless a c ampaign had first been
developed by the citizens. He stat ed that the members of the City
Council and administrative staff would b e available to speak if
necessary and to provide assistance to the citize ns committee working
on the bond election. Mr. Dial went on to say that it would require a
well-organized campaign to get the support of persons living outside of
the drainage areas, and that h e was of the opinion t h at the campaign
should be developed first and then th dat e for the e l ection could be
set .
Mr . Lone commented that he felt the committ e should have th
ment of the Council and a committment that the issu e will go
e lection. He added that this could possibly b e accomplish d
proposed Resolution without stating the dat e of the e l ction
Resolution.
Mr. Dial r minded those pres nt that "it costs mon ey to run a
and that th Council and possibly lar ger busin sscs should b
for funds.
e ndorse-
to an
by th
in th
c ampaign"
cont act d
A person in the group suggest •d that th p opl on t h e "low grou nd " arc
i n a m1nority and that it would be n ces sar y to find something advanta-
geous or attractive to th p op l on the "h1gh" g round .
Mr . Lo n agr d that it would b e n ce ssary to show d finit ben fits to
th p ople on th "high " g round , and suggest d that th c ommitt e would
hav e to com up with not only information as to th ost, but th
savings to th community as a whol --som th1ng which would b n fit
all of the residents--not j ust thos liv1ng in a "low" ar a .
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Anot h e r p rson qu e stion e d whether or not it would b possible to hav e
t h ass e ssm e nt for th e storm drainag e improv e me nts patt e rn e d after the
m tho d o f ass ssing for paving districts with prop rty own e rs further
fro m th e improvem e nt paying a lessor proportion of the cost than th e
p rs o n who's prop rty would be more directly b e n e tit e d .
C h a irman Lone pointed out that the City Council had budg e ted $100,000
f o r th e Storm Drainage program in 1970, and wer e this same amount to
b budgeted each year h e reafter, it would take about 26 years to complet e
t h program . He like ned this unto the method of paving streets which
h av e b e en dohe in a "piece-meal" f ashion with a limited number of
stree ts being paved each summer.
C 1ty Manag e r Dial stated that th e problem basi c ally is a concern that
th e City might not be abl e to show that the ben e fit to the property on
th e high ground would equal the cost of the ass e ssment to that property.
Mr . Dial stated that the Court had upheld this method of assessment in
paving districts, but that the Court might not have the same interpreta-
t ion in relation to the storm drainage ass e ssment. He pointed out that
a Storm Sewer District had been formed in the 1920's in the vicinity of
Broadway and Eastman, and that at the time a Storm Sewer Improv ement
District for the City was being considered very recently, one property
owner within the earlier District cont a cted the City to tell them that
h e fe lt it would be illegal to include that property which had already
been assess e d in a n ew Distr ict and then to reassess th at same property.
Mr . Giseburt questioned about studi es that have been or will be made
about the Storm Drainage problem. The Ripple and How e, Harold Hoskins
& Associates, and Corps of Engineers studi es were me ntiorted . It was
pointed out that the study prepared by Har old Hoskins & Associat es in
1961 has been updated by the City Engineering Department and that it
i s the recommendations in this study, as amended, which are being
followed by the City. Mr . Criswell comm e nt e d that all of the studies
show that our storm drainage problems can be solved with money--in the
case of the Hoskins report, $2,600,000. Mr. Lone commented that the
studies undertaken by the Corps of Engineers for DRCOG have dealt
with streams and tributaries, not surface drainage.
Chairman Lone stated that the only obvious solution would be a bond
election and that it would have to be determined whether or not there
is sufficient citizen interest to get the job don e . He urged those
persons present to elect officers and to act as the nucleus of th
citizens committee which would dir ect it s attention and efforts to the
Bond election .
City Manager Dial asked for the re a ct1on of those citizens present.
T he general reaction of the group seemed to be expres s e d by on p e rson
with the comment, "sure, if this is the only wa y to do it, let's do it !"
Methods of paying were then discussed. One suggestion was to add an
additional amount to each water bill, so that all water users would be
participating in the improvement with possibly an "escalated " rate for
users of large amounts of water. An other method: that of increasing
the mill levy, was discussed.
Mr . Giseburt questione d th possibility of e ar-mark1ng a portion o f th
mill levy , su c h as was done by the State for th e Old -a g e Pension program.
Mr . Cr1swe ll stated that it could not be don e und e r th e City Charter as
i t is now written , and could not be unless th Chart e r were to be amended.
Upon th question as to th e valuation of th e Cit y, Mr. Dial repli e d that
i t is $65 ,000 ,000 and that on mill would pr o du c $65,000 less the 3%
that the County would keep .
Mr. Wightman stated that the water c oming into th eastern part of the
Cit y is coming frpm Denve r, and ask d wh e th r or no.t any effort had
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b n mad to seek Denv e r's cooperation toward contr o ling th e situation?
Mr . Criswell explained that when the land was "rav. ·• 1 the water ran off
o f this raw land and tnto natural drainage cours e s . Once the water runs
naturally in a c rta1n location, the people up hill have th e right to
have the water c o ntinue to run in that same pla cP. Mr. Criswell went
on to explain that there had been some cooperati o n and cited the City
of Englewood taking over th e Denver City Ditch whi c h would be used in
som e locations for storm run-off. Discussing a Me tropolitan study,
Mr. Criswell commented that one isolated probl e m c annot be solved, but
that th e over-all problem would have to be solve d, starting at the
riv e r and working back "up hill". He then point d o ut that water flows
from th e City of Englewood into Denver , citing particularly the water
which flows into the section of Harvard Gulch in D nver.
Th e qu e stion of capacity of drains was raised . ~r. Dial commented that
if the drains within the City of Englewood wer of a size to be c apable
of carrying the water, we would have no probl e m .
Chairman Lone reiterated Mr. Criswell's comments about the importance
of carrying out a comprehensive plan starting at th e rLver and "building
back" up stream.
Mrs. Stobaugh said that she had talked to persons who live "up hill"
and some of them hav e said they would vote to help solve the problem .
Mrs . Stobaugh challenged those present to "quit worrying about the
people up on the hill and assume that they are interested" and to
"have faith in humanity". Her remarks were met with applause.
Councilman Brown asked which areas of the City were represented at the
meeting? It was determined that not all areas were represented, but
several were.
It was questioned where the storm drain was to have run that Mr. Von
Frellick had planned to build when h was anti c ipating the construction
of Cinderella City on the KLZ Site. City Manager Dial pointed out that
it was to have coincided with the Hoskins r port, and to have drained
to Little Dry Creek at South Clarkson Str et. This would have given
the opportunity to drain th 3300 bl oc k o f South Ogden Street also.
Mrs. Penneta spoke to the point of an c l tton on an amendment to the
City Charter in order that the City Council could issue bonds. Chairman
Lone exp lained the Charter amendm nt el~c tion which would authorize
the City Council to issue Storm Sewer Bonds and added that the amount
of bonds that would be issued could be determined at the time of the
election.
Mrs . Penn etta asked for assurance tiiKt it th e election· passed, the
storm sewer would be constructed.
Mr . Criswell stated that under the City Charter, the City Council has
been given the authority to issue bonds for water without a vote, and
that the proposed amendment would allow them to issue bonds for storm
sewers in the same manner.
Mr. Quinn commented that he telt that if the amendment on the ballot in
November had been relate d to storm sewers, that it would have passed.
He urged that were there to be a special election to amend the Charter,
that the issue be clearly set forth r e lating it to the storm sewer pro-
gram.
Mtss Doris Wells spoke to Mr . Brown's previous question about area
representation, and pointed out the necessity for contacting people in
each area to serve on the committee.
Mrs . Burget reported that the Dir ctor of Public Works had indicated
that the $100,000 allocated for storm drainage in the 1970 budget would
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be a very minimal appropria1iRq It was explained that the City Manager
had requested $175 ,000 whic~YHtee necessitated an increase in the mill
levy ; however, the City Council had determined that it would be best to
"hold the line" on the levy, and as a result, appr o priated the lessor
sum. It was suggested that peraons in the City ar e "tired" of the
practice of years past of "robbing Peter to pay Paul " (referring to
occasions when funds appropriated for storm drainage have been diverted
to other programs), and that the people want some assurance that the
money raised or appropriated for the program would not be used for
anything else.
Mr. Dial and Mr. Criswell both assured the group that a bond issue
would be a legal obligation that must be paid, and that the proceeds
could only be used for the purposes set forth in the bond issue.
Mrs. Stobaugh and Mrs. Burget asked the location of the problem areas.
A map was displayed which showed existing and proposed storm drains and ·
the low areas.
Mr. Lone suggested that the group elect a temporary chairman and
secretary to serve at least until such time as persons in areas not
represented could be contacted and invited to join the committee, at
which time permanent officers could be elected.
Mr. Ed Snow moved that Mr. V. D. Wightman, 3185 South Gilpin Street,
serve as temporary Chairman. There was a second to the motion. There
was a motion made and seconded to close the nominations and to cast a
unanimous ballot for Mr. Wi&htman. The motion carried with no dissenting
votes. 1
A motion was made and seconded to have Miss Doria Wells serve as
Secretary. There were no other nominations and Mise Doria Wells was
elected by a unaniaous vote.
Mr. Wightman asked for information about the location of the problem
areas in order that a list of people to contact could be prepared. It
was determined that Mr. Wightman and Miss Wells would meet at 10:00 A.M.
Thursday, December 18, 1969, in the Plannin& Department with members of
the administrative staff to discuss the information that would be needed
by the committee .
Mr. Lone urged the &roup to organize and to start on their campaign and
offered the assistance of the City personnel to the committee.
The meeting of the City Council Storm Drainage Committee was adjourned.
Recording Secretary, Pro Tem
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Pe r son s present :
Staff Members:
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CITY OF ENGLEWOOD
ST ORM DRAINAGE MEETING
December 18, 1969
C' c1l'k o (.,,
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City Manager Dial; Ci ty Attorney s Criswell and Berardfni;
Planning Director Romans, Direc tor of Public Works
Waggoner.
Citizens : Temporary Chairman of Citizens Comm ittee Verden D. Wightman;
Temporary Secretary Doris Wells
The mee ting began at 10:25 A. M. with a discu ss ion of the amount of time needed
for actual co nstruction of the sto rm sewer system . Hr. Waggoner estimated that
thi s would be two years . If Federal aid is requested, we would probably start
b fore we get the Federal money, for DRCOG will probably approve th e plans.
Hr. Criswell explained that DR CO G is the acronym for Denver Regional Co uncil of
Governments , the certifying agency which must approve all such projects in order
to avoid conflicts and dupli c ation. Hr . Dial said that in his opinion, we shoul d
plan not to ask for Fe deral aid for that will cause a long delay. Mr . Cri swell
aske d if a city mu st have s ub s tantial funds in order to get Federal aid. Mr .
Di al sa id that the city did not n ee d to have the fund s in hand, but should have
a good indication of being able to o btain them. In answer to a question, he
explained that the amount of bond s is limited by the City Charter to 3% of the
a s sessed valuation of the taxable property within the City. In this case, it is
approximately $2 million. Mr. Criswell said that bond agents say that more may
be authorized. Mr. Dia l explai ned that $2 million is all that may be owed at
one time . It is possible to pay off part of a debt, and then borrow more. In
an s wer to a question by Hr . Berardini about marketability , Mr. Criswell said that
depends on the interest rates. Mr. Berardini said that he meant, "Can the bond s
be sold today?" Both Mr. Dial and Mr. Criswell said, "Yes."
Mr . Dial reported briefly on the De cember 15 meeting of the Ci ty Council. The
matter of the stnrm sewer had come up near the end of the Cou n cil meeting when
Councilmen Lone and Brown reported on the meeting of citizens held December 12.
There was c onsiderable discussion, not about the Co uncil's approval of the pro -
j c t, for the Co uncil is in favor of moving forward, but about the methods which
may be employe d in financing it. The Mayor was reported to be concerned about
th bond issue , for the election may fail; however, he did not speak about
a lternatives at the meeting . Mr . Dial told about s ome of these, such as the
extra charge which Aurora puts on water bills and increasing the sales tax.
Hr . Dial mentioned dilemmas which should be resolved. For instance, the
Admini s tration n eds th support of the ci tizens in order to proceed . If a bond
issue should pass, that would indicate this support ; but, if it should fail and
some other method s hould be used, people would say that the Admini stration is
determined to have th e sewer system even though the public is against it.
Cit izens need to know the method of financing, yet the me thod of financing may
de pe nd on c itizen reaction.
Mr. Wightman s aid that the committee cannot go to the people "blind" and that it
need s s ome idea of the method of finan cing. Mr. Criswell said that we need to
s ll the people on the idea of having s torm sewers and then decide on th m thad
o f finan c ing and finally get the publi c 's reaction to the method •
ln answ r to a remark about sta rting with th people in the problem areas, Mr.
Dia l sai d that the problem areas vary according to the intensity of the storms .
Some ar a s have trouble with showers that ar too light to affect others.
Hr. Waggo n r sa id in his opinion , that a bond 1 ction will be a "selling jo b".
Mr . Cr isw 11 said that this will take mor than two months , and that h is of
the opi ni on that the Mayor was right in not wanting to be blocked in as far as
ti me is co ncern d . Mr . Criswell said that s am m mb rs of the Co un cil , especially
Mr . Brown , f 1 that there must b a bond 1 ction . Friday night's meeting s howed
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that the ci tizens want money c ollected for a s torm sewe r to be spent for it , and
not u se d f o r a no the r purpose, e v e n if there is an emergency . A bond election
would insure that. Mr. Dia l said that the Cou n cil may decide to let the voter s
vote on an increase i n the sa les tax for this purpose .
Mr . Dial sai d that the fir s t job of th e commi tt ee is to get organized, In an s wer
to Mr, Berardin i 's qu estion about what is the fu nc t i on of the citizens ' committee ,
Mr . Wi ghtma n s aid that it is a matter of bringing the problem to the peo pl e . Mr s .
Romans said that the peopl e may not know a bout the problem, or about the attempt
on the part of thi s Committee to get organized . Mr . Cri s well s n i d that the
attendance at the meetings wa s n ot i nd ica tive of th e interest . Mr. Berardini asked
a bout using direct mail . Mr . Criswe ll sai d that in hi s opinion , that c ould get
out of hand .
Mr . Dial sai d that he felt priorities s hould not be mentioned be cause some b locks
may have fr eq uent tro ubl e with water and yet not get priority. Mr. Cri s well sai d
that it is well to say that the s t o rm s ewer s will c ur e the major storm drainage
pro bl ems of the City. Mr . Dial said that it may be mor e important t o have
en thu sias t ic worker s than geographical repre s entation. Mr. Wa ggoner u sed th e map
t o point to three systems whi c h will solve much of our problems and should be
the fir s t if fund s are limited .
Mr . Berard ini asked if the s pecial improvement di s trict a pproach wa s ruled out .
Mr . Dia l sai d that it wa s . Mr . Waggoner s aid that if that wa s done , the total
cos t would be from $133 to $575 for a 25 -foot lot. Mr. Berardin i said that it
woul d be hard to define an area; however, Mr. Waggoner said that it c ould be
done. Mr. Criswell said that there is s ome advantage in forming a general improve-
me nt di s trict, for it wou l d not c ome under the debt limitation set forth in th e
Charter. The disadvantage is that the formation of the district is tremendou s
becau s e of t h e majority of the property owners mu s t sign. It could be financed
by a mill levy or bond s could be issued . Mr s . Romans estimated t hat about 11 ,000
signatures would be needed. In answe r to Mr. Cr i s well 's remark that it would be
too expensive to assess only the properties affec ted, Mr. Dial said that one-tenth
of the Ci ty is s ubj ect to floodi ng.
Mr. Dial sai d that a problem is to get a list of the people affected . Mi ss
Wel l s offered the list of people living in the problem drainage areas which
h a nd her sis t er c omp ile d from the City d irec tory. Mr. Dial said that the
Ci ty can be c anvassed by phone .
Publicity wa s brie fly di sc u sse d, Mr. Dial stress ed the value of hav ing excellent
pr sentations ---pic tures, s pee c hes, a rt icles . He said that variou s people i n the
comm unity ca n e a c h contr ibute s ome bit or pi ece. It wa s brought out that a small
commi ttee of enthu siastic people should be formed fir s t. Mr. Dial sai d that th e
mo re th ci tizens' c ommittee can do, th e better.
Th mee ting a djou r ne d at 11 :30 A. M.
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SIDEWALK IMPROVEMENT DISTRICT NO. 69
FINAL ASSESSMENT DATA
December 16 , 1969
SECTION A
Construction Cost
Engineering & Administration
Title Checking Fees
$762 .46
105 .00
821.72
20.35
Legal Advertising
Misc . Supplies & Expenses
+ 6% Contingencies
TOTAL SECTION A
SECTION B
Construction Cost
Other City Expense
TOTAL SECTION 8
TOTAL SECTION A • B
KW :pd
$ 7 ,624 .64
1 ,709 .53
$ 9 ,334 .17
560 .05
$ 9 ,894 .22
$ 2 ,408 .89
1 ,760 .20
$ 4 ,169 .09
$14 ,063.31
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CITY 0 F F I C I c ~ , • ' r I.
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CITY OF r:, 'GL ' r 1L E
/11000 , C OLO.
TIME SCHEDULE FOR COMPLETION OF SIDEWALK IMPROVEMENT DISTRICT #69
Monday , January 19 , 1970 Resolution authorizing publishing
of notice of completion and calling
for public hearing .
Thu r sday , January 22 , 1970 Not ice of completion and list o f
assessments published first time .
Monday , January 26 , 1970 Mail notices of assessments and
public hearing .
Thursday , January 29 , 1970 Second publication .
Thursday , February 5 , 1970 Third publication .
Thursday , F e bruary 12 , 1970 Last day for written protests .
Monday , February 16 , 1970 Public hearing on assessments .
Monday , March 2 , 1970 Bill for ordinance assessing costs .
Thursday, March 5 , 1970 Publish as a bill .
Monday, March 16 , 1970 Consider Bill for ordinance on
Second reading.
Thursday , March 19 , 1970 Publish as an ordinance.
Saturday , April 18 , 1970 Ordinance in full force & effec t.
Monday April 20 , 1970 Last day for payment in full without
interest .
p d 12/18/69
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PAVING DISTRICT NO. 18
FINAL ASSESSMENT DATA
De c ember 26 , 1969
SECTION A
Con st ruction Cost
Engineering Services
Salary Overh ea d
Administrativ e Overhead
Fiscal & Paying Agent Fees
Titl e Checking Fees
Legal Advertising
Equipmen t Re ntal
Misc . Supplies & Expenses
$32 ,363 .47
3 ,236 .35
3 ,559 .98
3 ,978 .00
1 ,582 .50
629 .30
1,524 .60
883 .78
+6% Contingencies
+ Bond Interest
TOTAL SECTION A
SECTION B
Construction Cost
Contract Construction
City Ditch Crossing
Storm Drainage Constru ction
Misc . Construction
TOTAL SECT I ON B
TOTAL SECTION A & B
$156 ,236.65
47 .757 98
203.994 .63
12 239 68
17 ,283 .89
$233 ,518 .20
74 ,504 .55
1 ,025 .54
2,063 .68
35 78
$ 77 ,629 55
$311 ,147 75
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DEP A R TME NT O F H OUS IN G A ND U RBAN DE V E LO PME NT
8 19 T AY L OR STR E ET , FO RT WO R T H, TE X AS 7610 2
REGION V
Mr. S tanle y M. Dial
City Hanager
City o f Englewood
Englewood, Colorado
Dear Mr. Dial:
80110
De cemb e r 1 9, 1969 c,,. ... r-0 ~::-1:"
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l .r.ty .,. IN A E P L V R EF"ER TO:
WS -Colo-92
Ci ty o f Englewood
Wa ter Fa cilities
This ackn0Wledges Mr. Carroll's letter of December 10, 1969, concerning
the current status of the above project.
As you probably know, we have many more applications on hand than avail-
able program f unds. At the present time the project fails t o rate high
enough to warrant us to invite a full application. In reviewing prelimi-
nary inquiries, consideration is given t o a variety of factors and numeri-
cal value s are assigned to each f actor to arrive at an overall poin t total.
Among the factors considered are the following:
Compliance with the planning r e quirements of the Water and Sewer
Grant Program.
Area Need. Type of project, existing facilities, adequacy o f
e xisting facilities, relative need of project to tne community.
Financial Rating. Communitie s with an "A a a" bond classification
would not rate as high as a "Baa ".
Phy s ical Need. Number o f previo us approvals in the area, location
of proj e ct in low-income area, does project eliminate potential
public health hazards,
Economie s of Scale. Example: construction of a central water
t reatment plant rather than seve ral s maller independent plants.
Ut i lization of Capac i ties . Oe g ree project provides for growth
as well a s me eting an immediate cr i tical ne e d.
Ec o nom ic S tatus. Av e rage f a mi l y income, low-i nc ome c ommunities
rec eive higher ratings than h igh -i ncome communit i es.
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Relationship to Areaw i de Plan. Degree of importance of this
pro ject to the areawide comprehensive plan.
Ability to Proceed. How soon construction can ge t underway.
Have plans and specifications been completed and all necessary
Federal, State and local approvals obta ined.
2
In addition to the foregoing, other considerations inc lude: national
needs; needs of the Department of Housing and Urban Development; relation-
sh ip o f project to other HUD sponsored projects, or programs ; relationship
to other Federal agency sponsored projects or programs, as well as other
levels of government sponsored projects or programs; and relative importance
of project to the community.
Although your project appears to be most worthWhile and of cons iderable
importance, we do not believe it would be fai r to invite a full application
from you at th i s time due to our fund limi tation.
We will hold your application in suspense pending our next quarterly review
of applications next spring and will consider your application again at that
time.
We regret the long delays which our funding situation demands and we sin-
cerely appreciate your patience.
cc:
Charles B. Carroll, Jr.
Sincerely yours,
(', ~~ ~k . ~~ ......
For vis t Hiller
Assistant Regional Administrator
for Metropolitan Development
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REGION V
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DEPARTMENT OF HO U SIN G A "'D U RBAN DE V E LO PMENT
819 lAY LO R STREE T, fORT WORTH, TEXAS 761 02
December 19, 19 69 ,,
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WS-Colo-9 2
Mr . S tanley M. Dial
City Manager
City of Englewood
Water Facilities
City of Englewo od
Englewoo d, ColoraGo 80110
Desr Mr. Dial :
Th is acknowledges Mr . Carroll's l e tte r o f Decemb e r 10, 1969, concerning
the current s tatus of the above project ,
As you probably know, we have man y more applicati o ns on hand than avail-
abl e program fu nds. At the present time the project fai l s t o rate high
enough t o warrant us to invite a fu ll appl i cation . In r eviewing prelimi -
nary inquiries, consideration is given to a variety of factors and numeri-
cal values are as signed t o each f actor to arrive at an overall point total.
Among the fac tors considered are the following:
Compliance with the planning r equ ireme nts of the Water and Sewer Grant Program.
Area Need. Type of project, exis ting facilities, ad eq uacy of
exis t ing facilities, relative need of project to the community .
Financial Ra Li ng . Commun i ties with an "Aaa" bond classification
would not rate as high as a "Baa".
Ph)sical Need. Number of previous app r ovals in t he area, l oc at ion
of project i n low-income area, does project e l imi nate potential
pub l ic health hazards.
Economies of Scale. Example: construction of a central water
treatment plant rather tha n several smaller independent plan t s .
Utilization of Capacities. Degree project provides for g rowth
s wel l as meet i ng an immediate critical need.
Economic S tatus . Average famil y income , low-income communities
receive higher ratings than high -inc ome communities .
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Relationship to Areawide Plan. Degree of importance of this
project to the areawide comprehensive plan.
Ability to Proceed. Haw soon construction can get underway.
Have plans and specifications been completed and all necessary
Federal, State and local approvals obtained.
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2
In addition to the foregoing, other considerations include: national
needs; needs of the Department of Housing and Urban Development; relation-
ship of project to other HUD sponsored projects, or programs; relationship
to other Federal agency sponsored projects or programs, a1 well as other
levels of government aponsored projects or programs; and relative importance of project to the community.
Although your project appears to be most worthwhile and of considerable
importance, we do not believe it would be fair to invite a full application
from you at this time due to our fund limitation.
We will hold your application in suspense pending our next quarterly review
of applications next apring and will consider your application again at that time.
We regret the long delays which our funding situation demands and we sin-
cerely appreciate your patience.
cc:
Charles B. Carroll, Jr.
Sincerely yours,
('\ ~__:
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For vis ~Miller
Assistant Regional Administrator
for Metropolitan Development
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TO: Stanley H. Dial DATE: January 5, 1970
FROM: Kells Waggoner
SUBJECT: Paving District 19
Transmitted herewith pl e ase find the e stimat e d costs for those
streets pre iously recommended for inclusion in Paving District
No . 19.
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On the petitioned streets we have a verbal indication from
Criswell that the petitions were successful . The petitions have
been turned over to the new City Attorney and formal indication
will be forth coming .
We have tested 700 West Chenango Avenue and would recommend
an overlay be included in the District .
The 1970 budget shows $90 ,000 appropriated for the City share
of the Paving District.
/~M~
Kells Waggoner
Director of Public Works
KW:pd
cc : Council members
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PROPOSED STREETS FOR PAVING DISTRJCT 19
N w Construction
S treets
1800 & 1900 West Balt1c Pla ce
500 -700 East Bat es Avenue
R 1gbt~of-way neede d
Dit c h cross 1ng
4500 -4600 S o uth Deca tur St reet
& 2900 West Tufts Avenue
+4 400 South E1 ati St reet
3 700 South Grant Street
3800 S o uth Grant S treet
3900 S o uth Gra nt S treet
4000 South Grant S treet
4100 South Grant S tr et
*4200 Sout h Hu ron S tr t
R1 ght-of-way ne d d
200 Ea t Kenyon Av nue
300 E st K nyon Avenu
D1tch Cro S log
~4500 South K1 ng Street
•4600 South K1n g Str et
000 Ea t L e h1 g h Av e nu
100 Ea t Le high Av nu
200 East Le h 1gh Avenu
300 East Le h1gh venue
4 800 South Lincoln Street
3100 Sou t h Mario n Street
000 East Na ssau Av e nue
100 East Na ss u Avenue
200 East a au Avenue
300 Ea t N s au Avenue
500 Ea s t Na ssau Avenue
600 Ea st Nassau Avenu
700 Ea st Na ssau Av nu
4000 South P rl Stre t
4000 South P nn y1vania Str eet
•4100 South P nn ylvan1a Stre t
400 Ea t P r1n ton Avenue
500 Ea t Av nu
600 East A enu
700 En t Pr1n ton Av nu
400 En t Sl nford Av
500 Ea Stanford
600 En t Stanford
700 East St.nfotd Avenue
'3300 W st Tufts Av nu
1800-1900 W st W rr n Avenu
S ection A
Es timate
$20 ,559 .99
12 ,893 .45
22 ,493 .83
7 ,246 .48
13 ' 972 65
13 ,270 .14
8 ,95 1.10
10 ,050 .3 9
11 ,324 47
18 ,060 .35
4 ,643 .33
5 ,766 .07
7 ,73 6 .11
7 . 736 11
7 ,550 89
6 ,101 32
5 ,423 .70
5 ,731 92
13 '802 . 04
5 .390 21
6 ,298 .09
6 ,539 .27
2 ,926 .75
3,142 29
3 ,961 57
4 ,749 .09
4 ,835 .25
8 ,673 .81
8 ,071 23
9 ,356 .66
5 ,512 .33
5 ,580 .14
4 ,536 .88
4 '198 . 39
4 ,616 55
4 ,816 .94
4 ,791 56
6 ,016 89
9 ,138.91
19,513 .82
S ect1on B
E t1mate
$ 668 36
2 . 072 7
1 ,500 00
5 ,620 00
17 ,997 60
174 62
l' 107 11
1 ,6 59 .40
1 ,225 9
1 '103 06
2 .522 92
5.958 52
1 , 85 50
2 ,742 74
1 '464 56
2 ,450 00
2 ,8 35 52
2.158 26
l '003 63
40 33
3,632 87
1 ,135 86
2 ,448 90
2 ,3 02.39
189 9 5
1 ,216 50
3 ' 110 74
2 ,112 20
1 ,095 13
291 40
116 56
22 06
770 85
1 '056 11
1 . 165 . 3
742 60
686 .59
1 ,340 33
1 ,998 99
1 '555 . 9
668 36
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ew Construct1.on
All ey
4000 Alley east of Acoma Street
4100 Alley east of Acoma S treet
4500 Alley east of Acoma S treet
3800 Alley e st of Broadway
3800 Alley east of Galapago S treet
3700 Alley east of Jason St reet
3800 Alley east of Ka1amath S treet
3900 Alley east of Lipan S treet
Ov r1 y
700 West Chenango Avenue
TCYI'ALS
•P et l.tion ed blocks
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S ection A
Est1.ma te
8 ,804 40
8 ,804 40
9 ,112 55
9 ,108 00
9 ,108 . 00
9,108 00
9 ,108 00
9 ,108 .00
1 ,269 .25
$409 , 5ll 57
$
S tlon B
Es t 1m a t
1 ,174 95
397 37
378 71
106 15
538 41
334 90
266 78
278 .70
643 32
$ 89 ,13 38
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) / -INTilOOUC &D AI A BILL BY'COUNCILMA N • i IS ( I " A J
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,.. ll-aii.L -ro v 2 J. A • _,__"' ' ~?7o r --" L .;... ~->-' ~u ~-
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~ AN OIU>DCANCE AM&JCDIJtO ~ I. T-11. ''SICK L&A VE" OF TD
...._ lllJNICIPAL CODI OJ' TID CITY OJ' DOLn'OOD, COLORADO, aaAJC11110
ADDI'nOitAL •ex L&AYa Banlft'l'l10 UOULAR EIIPLOBU or MID
CITY AJm oaCLABDfO All DIDGDCY.
H IT ~80 BT 1'ID CITY COUJICIL OF THE CITY or IDCO~
WOOD, COLOa.\DOI
ft· ....... I.T-IICil) ....... ..__ IA&we" oiU. .._..tpal .; Code~_,_.. ... Ia......, -=« Clo r.d u tollon1
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allall • .....,.. .. m~• 11\JMDam AIID ftQ (lH) woftllw..,., rd 1Dr
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.... , ...... rrdlar.IJ ............ ....._ .... l.cla,J
el DillE w. 1 .. .
ATTEST:
Ctty Clerk-Treuurer
I, Stephen A, ~on, do hereby certify that the above and foregoing
Is a true, accurate and oomplete copy of a Bill for an Ordinance Introduced,
read to full and pa .. ed on ftret reading on tbe day of------'
1989. --
City Clerk-Treasurer
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