HomeMy WebLinkAbout1961-03-06 (Regular) Meeting MinutesCOUNCIL CHAMBERS
CITY OF E NGL EW~OD, COLORADO
MARCH 6, 1961
REGULAR MEETING:
The City Coun cil of the City of Englewood, Arapahoe County, Colorlll.do,
met in regular session on Monday, March 6, 1961 in the Council chambers,
City Hall , Englewood , at the hour of 8:00 P. M • •
Mayor Kreiling presiding called the meeting to order and the invoca-
tion was given by the Reverend Wayne Caldwell of' the Wesleyan Methodist
Church.
The Mayor asked for roll call. Up on the call of the roll, the
following persons were present:
Councilmen: Braun, Brownewell, Mar tin, McLellan, Miles,
Woods, Kre111ng.
Also Present : City Manage r Rudd ,
City Attorney Esch,
City Clerk Beausang.
The Mayor declared a quorum present.
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611-2 MIN trrE8 ~F PREVI OUS MEE TINGS
COUNCILMAN MIT.J:.~S M~VED , CO lTNC JLM AN MCLELL AN SECONDED, THAT THE
MINUTES 1F THE MEETING OF FEBRUARY 6, 1961 BE APPROVED AS CORRECTED AND
THE MINUTES OF THE MEETING OF FEBRU ARY 20 , 1961 BE APPROVED AS WRITTEN.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Wo ods, Miles, McLe llan, Martin, Brownewell,
9 raun, Kreiling.
Nays: None.
Absent: None .
The Mayor declared the motion carried.
611-25 PUBLIC HE ARING ON PROPOSED REZONIN G OF "ADAMS TRACT"
NORTHEAST OF SOUTH FF~DERAL T3 CHJL 1t;VARD AND WEST
UNION AVENUE
COCTNCILMAN BR AUN MO VED, COU NCILMAN MARTIN SECONDED, THAT THE PUBLIC
HEARING ON THE PROPO SED REZONING OF T1*~ ADAMS TRACT NORTHEAST OF THE INTER-
SECTION OF SOUTH FEDERAL BOlJLEVARD AND WEST UNION AVENUE FROM R-1-A TO M·l
E OPENE D. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Woo ds , Mi les, McLellan, Martin, Brownewell,
Braun, Kreiling.
ays: None .
Absent: None .
The Mayor de clared the motion carrie d .
The City Mai.ager outlined the area under consideration on a map.
He also presented to the Council a large water color architect's sketch
shpwing the area and proposed industrial park development in detail.
The Mayor asked first for the presentation of those favorable to
the proposed rezoning. The re were two persons present who indicated they
were favorable, and three which indicated that they were not favorable.
Mr . George B. Adams, 2880 West Union Avenue, spoke of tae intention
of platting the area once it is zoned M-1 and that the architect's sketeh
represented the general proposal f'or development of the area. He said
that he had contacted most of' the re sidents in the nearby area as to their
thoughts on the matter and had not encountered opposition.
Mr . Harry T. Bunne ll, 3098 We st Stanford Avenue, Arapahoe County,
stated that he favored the industrial development as it represented an
effective use of the land which was not desirable f'or residential purposes.
There being no one else to speak in favor of the proposed zoning,
the Mayor called for those who wished to speak against the zoning.
Mr . Don w. Br own, 30 80 Wes t Un ion Avenue, Arapahoe County, asked
about the proposed screening by landscaping immediately east of South
Federal Boulevard . He incpired as to what enforcement there might be to
provide f'or this screening and to keep it up. The City Manager replied
that the tentative plat under consi deration by the Planning Commission
ill provide for the street location wi thin the land owned b y Mr. Adams
and that this Commission will provide control over the plannings through
covenents and other restrictions.
Mr . M. A. Duncan, Jr., 3011 West Tanforan Drive, Arapahoe County,
nquired if there would be a railroa d spur into the land, under consideration,
in the future. Mr. Adams replied that a railroad spur was not anticipated
nor would be allowed as it would be in connect' on 1:J i t h heavy indu stry whi le
M-1 zoning provides for light industry.
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Minutes of March 6, 1961
r. Robert ~lsen , 3 042 Wes t Un i on Avenue, Arapahoe County, inquired
about the effect of a l i ght indus t ri a l development across the street from
residential developme nt. Councilman Braun answered this inquiry stating
that hte r e are othe r in cidents with i n the City of Englewood which did not
offer depr eciation o f the s urroun d i ng re s i dential property, one of which
is the c . A. No r g r e n Co mp any. He d iscussed the need for zoning and the
use of the land and spoke that in his opinion this plan would not be
detrimental to the a r ea b ut provice a g eneral improvement.
The City Manag e r and Coun c i lman Martin discussed the intention of
zoning an d the values o f t h e p articular re quest before the Council.
Mrs . Robert P . Kane , 3 0 3 2 West Un ion Avenue, Arapahoe County,
inquired if the light i n du s t r y zoning would continue or would it be
c ha~ed . Discussion ensued . Cou ncilman Braun read the provisions for
-1 zoning from the Zoning Or d inanc e o f the City. Mr. Adana spoke,
stating that the inte n t ion was to prov i de an area for light industry
and that there would be no cha ng e i n z oning as there was need for light
industrial land . He d i scussed in s ome det a il access to the plot which
would be at the southeast and northwest corners of the area under con-
side r ati o n . Discussi on e n sue d .
The May o r asked if t h ere were any further discussion on the matter
of rez o ning .
Councilman Woods p resente d the recommendation of the City Planning
and Zoning Commissi on i n this matter, namely: That the request to rezone
the subject p r oper t y f rom R-1-A (1 fami ly residential) to M-1 (light
industr ial) be g r ant e d .
COUNCILMAN BR AUN MOVE D , COU NCI L:t"AN MI LES SE CONDE D, THAT THE PUBLIC
HEARING ON THE REZONING OF THE ADAM S TRACT BE CLOSE D. Upon the call of
the rol l, the v o te res ul ted a s fo l lows:
Ayes~ Councilmen Woo d s , Miles , Mc Lellan, Martin, Brownewell,
raun , Kr eilin g .
Nays : No n e .
Absent : None .
The Mav or decl are d the moti on carrie d .
Councilman Br aun as k ed if a b i l l h a d b een prepared for consideration
of the Council of th is propose d re z oning . The City Attorney replied that
he had drafte d a bil l as was hi s pr a c t i ce in these matters and it could be
conside r ed n ow or b rought u p l at er with oth er le g al matters. Discussion
ensued . The May or aske d t hat the b ill b e rea d at t h is time.
Intro duce d as a Bil l b y Counci l me n Ma r t in and Miles.
A BILL
FO R AN ORDIN ANCE RE ZO NING THE FOLLOWING DES CRIBE D PR OPE RTY FROM R-1-A
(ONE -F AMI LY RESIDENTI AL DISTRI CT ) CLASSIFI CA TIO N TO M-1 (LIGHT INDUSTRY
DISTRIC T ) CLASSIF I CA TION , TO -WIT : BEGINNING AT A PJ I NT ON THE EAST LINE
F THE WEST HALF OF THE SOUTH EAST QUA RT ER OF THE N1RTHE AST QUAR TE R (W~
SE! NE{) OF SECTION 8 , TOW NSHIP 5 SOTTTH , RANGE 68 WE ST OF THE 6TH
PR I NCIPAL ME §I DIAN , WHI CH P~I NT B8 A.RS SOU TH 8 9° 46 1 40" WE ST 659.4 FEET
AND NORTH 00 01' ~5 " EAST 1 60 .0 PEET F RO M THE EAST QUABT ER CORNER OF
S AID SECTION 8 , AND ALS O ON THE N')RT q LINE: ')F 6HE COLORADO CENTRAL POWER
COMPANY 'S 115 KV RIGHT -OF -WAY ; TH EN CE N1RTH 00 01 1 45" EAST ALO NG THE
AST LTNE '1F THE WEST HALF 'JF Tfffi SOUTlfE AST QU ARTER OF THE NO RTHEAST QUART ER
(W~ SEt NE!) OF SAID SECTIO~ 8 ~ 6 80 .2 P~E'r ;: THENCE NO RTH 72° 17' OO" WEST
6)1.2 FEET ; THEN CE NOR TH 00 l tj t JO " RAS T 2 7 8 .0 'PEET , MO RE OR LESS, TO A
POINT ON THE NJRTH LI~ OF TH I; SOll'f'lfl ·~A~T OtTAR'rft;R OF Tfffi NORTHE AST QUARTER
(S Et NEi } OF S AID SEC TI ON 8 ; Tl-f·:N CI ·: :: HJ'l'H (3 9 0 3 9 ' 30" WES T 840.8 FEET, WHICH
POINT IS ON THE NOR TH LTN I ~ ()r' TH 1·: '1111Tll\'1·:'1T QU AR'I'E R OF THE NORTHEAST QUARTER
(swt NEt) OF SAID SE CTI'.)N 8 ; wiucH P.)l N r 18 AL SO ON THE EAST ER LY LINE OF
SA 6 D COLORADO CENTR AL POWF.n co•1 J>.i\Jf ft i l 15 KV RTG HT -OF -WAY; THEN CE NORTH
1 9 52 1 15" WEST ALONG SAID Rtnft'r ->1 •1··~ AY 3 c;8 .7 FEET ; THEN CE NORTH 17°
54 ' 3 0 " EAST ALO NG S AI D RJ GHT -11 •'• AV ·i )L .? r·'r~l·!T ' M1 RE OR LESS', WH ICH POINT
I S ON THE APPROX I~A.'T'E C ~NT 8 f LTN E: H ,; '> 1'1'11 CL AY STRF.E T ; THEN CE S OUTH 34o
44 ' 00" WEST AL ONG SAID r.r.:wri·:n 1, 11 ' )! . ' )II rrr CLAY STREET 192'. 9 FEET' MORE
R LE SS ; THENC R gmrrrH 46 ° l ?' 10 " 1··:·;·1· JO(,.f3 Fft:~T ALONG 'l;'HE CENTE R LINE OF
SO UTH CLAY STREET ; THENCE '1 )Url'H 11 9o >). ;,O " WE ST ALONG SAI D CEN TER LINE OF
S'.)HTH CLAY STREET 249 .5 FEET , M1Hi.: )H L'•;iCl , TO A P1INT ON THE WEST LINE OF
THE NORTHWEST QUARTER OP THE NOR TH 1 •:A ~T "IJ AH"rriR ( NWt NE-!) OF SAID SECTI ON 8,
HICH P'.)INT IS ALS') ON TH8 CF.:N't'EH Lt Nr.: 1P S1Ur:::'H FEDERAL BOU LEV ARD; THENCE
SOUTH 00° 02 ' 15" F.:AST AL:)NG SAID vJ't;CJ'r r. r N ·: ')P THE NOR THWEST QUA RTER OF THE
NORTHE AST QUARTER (NW t NEt) OF SAI D SECT ION 8 , 128 .0 FEE T, MORE OR LESS, TO
THE SOUTHWEST CORNER 'J F' SAID N')RT1f 'ECST 0.1JA 11TF;R ')F THE NORTHEAST QUARTER (NWt
NEt) OF SAID SSCTION 8 ; THENC E C')~TTi N IJIN(j SOTTTH 0 00 02' 15" EAST ALON G THE
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Minutes of March 6, 1 96 1
WEST LINE ~F THE SOUTHWE ST QUAR TE R OF THE N'JRTHE AST QUARTER (SWf NEf) OF
SAID SECTION 8, A DISTANCE OF' 1319.1 FEET, WHICH POINT IS THE SOUTHWEST
CORNER OF THE SAID SOUT HWEST QUARTER OF' THE NORTHEAST QUARTER (swt NE!),
OR THE CENTE R OF SAID SECTION 8; THEN CE NORTH 89° 46' 40" EAST ALONG THE
SOUTH LINE OF S~I D SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SW! NE-f)
F SAID SECTIO N 8 ' A DISTA NCE OF 175 FEE'r i THENCE NORTH 00° o~· 1$" EA:ST
A DISTANCE OF 1 80 .71 FEET; THENCE SOUTH 8tjo z91 54" EAST A DISTANCE OF
643 .2 FEET , PLUS OR MINUS, TO A POINT ON THE W4:ST RIGHT-OF-WAY LINE OF
CO~ORADO CE NTR AL POWE R COMP ANY ; THENCE SOUTH ~.42 FEF.'T'; THENCE NORTH
8 9 46 1 40 " EAST A DISTA NCE OF 1159.6 TO THE POINT OF BEGINNING, ALL IN
THE CITY OF EN GLE WOO D, ARAPAHOE CO lmT Y, COLORADO.
EREAS, application has been made for the rezoning of certain
property hereinafter described from R-1-A (One-family Residential District)
classification to M-1 (Light Industry District) classification as here-
ina.fter set forth, and the City Planning and Zoning Commission has
recommended approval of such change in zoning; and,
WHEREAS , public notice has been given of such proposed rezoning
by one publication in the englewood Herald and Enterprise, a newspaper of
gene ral circulation within the City and the official newspaper of the City,
at least fifteen (15) days before the public hearing on such rezoning, and
notice of such proposed rezoning has been posted on the property for fifteen
(15) consecutive days prior to such hearing, as required .by ordinancet and,
WHEREAS , public hearing was held pursuant to the aforesaid notice
by the City Council of the City of Englewood in the Council Chambers of the
City Ha ll, 3345 South Bannock Street~ Englewood, Colorado, on the 6th day
of March , A.D. 1961, at the hour of tj:OO P.M., at which hearing 2 persons
appeared to protest or oppose the proposed change in zoning;. and,
WHE REAS, the public necess i ty, convenience, general welfare and
good z oning practices justify the chang e in zoning of the hereinafter des-
cribed property from R-1-A (One-family Residential District) classification
to M-1 (Light Industry District) classification as hereinafter set forth:
NOW THEREFORE , BE IT OR DAI NE D BY THE CITY COUNCIL OF THE CITY OF
NGLEWOOD , COLORADO:
Section 1. The zoning of the hereinafter discribed property,
located within the City of Englewood, Colorado, is hereby changed from
R -1-~ (One-family Residential District) classification to M-1 (Light
Indus try District) classification as hereinafter set forth, to-wit:
Beginning at a point on the east line of the West Half
of the Southeast Quarter of the Northeast Quarter (Wi
SEt NEt) of Section 8 , Township 5 South, Range 68 West
of t.he 6th principal Meridian, which point bears South
89° 46' 40" West 659.4 feet and North 00° 01 1 45" East
160.0 feet from the East Qua rter corner of said Section
8 , and also on the North line of the Colorado Central
Power Company's 115 kv right-of-way; thence North 00°
01 1 45" East along the East line of the West Half of
the S outheast Qus.Tter of the Northeast Quarter (Wi SEt
NEt) of said Section 8, 688.2 feet; thence North 72°
17' 00" Wes t 631.2 feet;; thence North 00° 18' 30"· East
278 .0 feet , more or less, to a point on the North Line
of the Southeast Qu arter of the Northeast Quarter (SEt
NEi) of said Section 8; thence South 89° 39' 30" West
840 .8 feet, which point is on the North line of the
Southwest quarter of the Northeast Quarter (SWt NEt)
of said Section 8, which point is also on the Easterly
line of said Colorado Central Power Company's 115 kv
ri~ht-of-wa.y 358 .7 feet; thence North 17° 54' JO" East
along said right-of-way 338.2 feet, more or less, which
point is on the approximate center line of South Cl~
Street; thence South 34° 44' OO" West along said center
line of South Clay Street 192.9 feet, more or less;
thence S outh 4 6° 12' 30" West 306.8 feet along the
center line of South Clay Street; t h ence South 490
00' 20" Wes t along said center line of South Clay
Street 249.5 feet, more or less, to a point on the
West line of the Northwest Quarter of the Northeast
Quarter CNWt NEi ) of said Section 8, which point is
also on the center line of South Federal Boulevard;:
thence South 00° 02' 15" East along said West line of
the Northwest Qu arter of the Northeast Quarter (NWi
NEt) of said Section 8, 128.o feet, more or less to
the Southwest corner of sai d Northwest Quarter of the
No rtheast Qua rter (NWt NEi ) of said Section 8; thence
continuing South 00° 02' 15" Ea st along the West line
of the S outhwest Quarter of the Northeast Quarter (SWt
NE-i) of said Section 8, a distance of 1319.1 feet,
which point is the Southwest corner of the said South-
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Minutes of March 6, 1961
west Quarte r of the No rtheast Quarter (SW~ NEt), or the
center of said Section 8; thence North 89~ 46• 40" East
along the South line of said S outhwest Quarter of the
Northeast Quarter (SW t NEi ) of said Section 8, a distance
of 175 feet; thence No rth 00° 02' 15" East a distance of
1 80 .7 feet;-thence South 88° 29 ' 54" East a distance of
643.2 feet , plus or minus, to a point on the West right-
of-way line of Colorado Central Power Company; thence
South 4 142 feet;: thence North 89° 46• 40" East a distance
of 1159.6 feet to the point of beginning, all in the City
of Englewood, Arapahoe County, Colora,do.
Section 2, The City Council hereby finds, determines and declares
that the herelnabove change in zoning is justified by the public necessity,
convenience, general welfare and good zoning practices.
Passed on Fi rst Reading by the City Council of the City of Engle-
wood, Colorado, this 6th day of March, A.D. 1961, and ordered published in
full in the Englewood"tferald and Enterprise.
ATT EST :
. ~erdL"?
CO UN CILMAN MILES MOVED , CO UNCILMAN MARTIN SECONDED, THAT THE PROPOSED
BILL BE PAS SE D ON FIRST READ ING AND ORDERED PUBLISHED IN FULL IN THE ENGLE-
WOOD HERALD AND ENTE RP TUSE .
Councilman miles reported that Mr. Munns, Planning Director, for the
City has prepared and will have executed in connection with the approval
of the plat of the industrial park proposal restrictive covenants covering
the screening and other protection for the residents in the area. He re-
marked that this deve lopment is intended to be a model.
Jpon the call of the roll, the vote resulted as follows:
Kyes: Co u ncilmen Wo ods, Mi les, McLellan, Martin, Brownewell,
Braun, Kreiling .
Nay s: None.
Absent : None.
The Mayor dec l are d the motion carried and thanked those citizens present
for appearing and voicing their opinions at this public hearing.
611-24 PUBLI C HEARING JN APPF.AL FROM DF.CJ SION JF PLANNING AND
ZONING COMMISSI~N FOR REZON I NG OF REEME TRACT
COUNCILMAN BROWNEv."E LL MOVE D, COUNCILMAN BR AUN SECONDED, THAT THE
LIC HE AR ING ON THE AP PE AL FRO M THE RE CO MMENDATION OF THE CITY PLANNING
ZONING COMMISSION , TH AT THE REZONIUG C>F THE REEME TRACT NEAR SOUTH
CHEROKEE STREET AND WEST ~ELLEVIEW AVENUE PROM R-1-B TO R-3-A BE DENIED BE
OPENED . Upon t h e call of the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Mi les, McLellan, Ma rtin, Brownewell,
Braun, Kreiling.
ays : None.
Absent: None.
The Ma y or declared the moti on carried.
The City Man a ge r o u tline d the area under consideration by the Council
at this public hearing.
The Mayor asked those requesting the appeal favoring the rezoning to
speak.
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Minutes of March 6, 1961
Mr. Richar d Simon, Attorney for Mrs. Reeme, spoke on her behalf.
He state d that he had appeared before the Council on February 6th
1961 requesting the public hearing being conducted this evening. He
established that notice of this public hearing had been published as
required b y law. He spoke of Mrs. Reeme•s qualifications and experience
as an operator of a nursing home for older citizens and her desire to use
the property wh ich she purchased for this purpose. He stated that she had
come to the City Hall in a dvance of the purchase and inquired of the
possible rezoning wh ich would allow her usage. She was encouraged by
the answers she received but subsequently the request for rezoning was
denied by the Planning Commission.
Mr. S imon then presented various exhibits numbered 1 through 12
in support of h i s a ppe al.
Exhibit 2, a petition favoring the zoning change was read in full
as follows:
"EXH I BI T TWO
PETI TIO N IN FAV J R OF ZONING CHANGE
TO : The Honorab le Mayor and City Council of the City of Englewood,
Colorado.
FOR : Resoning of t he following described property located in the City
of Englewood, Arapahoe County, Colorado, from R-1-B (One family
residential district) classification to R-3-A (multi-family
residential d istrict) classification, and described as follows:
inning at the Northwest corner of Lot 13 in Block 3,
o ehler Subdivision; thence South along the West line of
sai d Lot 13 to the Southwest corner of said Lot 13; thence
E ast along the South line of said Lot 13 a distance of 3 feet,
plus or minus, to the Northeast corner of Lot 10, Block 3,
Koehler Subdivision; thence South along the East line of said
Lot 10 extended to the center line of West Chenango Avenue;
thence East along said center line of West Chenango Avenue a
distance of 175 feet; thence North 662.8 feet, plus or minus,
to a point on the center line of West Layton Avenue, lilich point
is 3 0 feet East and 30 feet North of the Northeast corner of
Lot 14 , Block 3, Koehler Subdivision; thence West alont said
center line of West Layton Avenue a distance of 178 feet, plus
or minus, to a point 30 feet North of the Northwest corner of
Lot 13, Block ), Koehler Su bd ivision; Thence South 30 feet to
the point of b e g inning.
It has come to the attention of undersigned owners of the property
located within the are a described above and the property lying immediately
to the E ast and immediately to the West of said described property that
Helen Reeme, the owner of a portion of the above described property has
made application to the City Council of the City of Englewood for a change
in zoning classification to the above described property from an R-1-B
classification to an R-3-A classification in order that she may construct
buildi ng s a n d use them for a rest home. We believe the requested zoning
change should be granted for the following reasons:
1. It is our opinion that the land in question is best suited for
the type of uses for which R-3-A zoning is intended.
2 . The requeste d zone chang e is necessary to keep pace with the
g rowth of the City.
3. The character of the subject area has changed since the land
was last classified and an R-3-A classification is now more
prope r t h an R-1-B classification.
4. I t has been the custom in zoning matters for the City of
En g lewoo d to make zoning classifications to an alley between
stre ets; however, the zoning classirication or the present
R-3-A now stops in the center of a street which joins the
subject property immediately on the East, contrary to the usual
c us tom of the City of En g lewood in harmony with good zoning
prac t ice.
THER EFORE , t h e undersigned property owners respecti'ully request that
the requeste d change in zoning classificat1on be approved."
Th is pe t i t ion was signed b v 15 property owners, including Mrs. Reeme
and Mr. and Mrs. Brannon, who owned 300 front feet on South 'Bannock Street.
Exh ib it 3, s h owing the zoning in the area; Exhibit 4, a rough drawing
of the propose d building by Mrs. Reeme; and Exhibit 5, a rough drawing by
t h e contractor of the area concerned were presented b y Mr. Simon.
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Minutes of March 6, 1961
Exhibits 6 through 11, photog ra phs of the area taken from various
points , were p r esente d by Mr. S i mon.
xh i b i t 12 , a l e tter from t h e Department of Public Welfare was read
by Mr. Simon as fol lows:
COUNTY COMMI S S IJNERS
John v. Chr istensen
i l be r t B. Meye r
dward s . Sc o t t
"EXHIBI'r TWE LV E
DEP ARTMENT OF PUBL IC WEL FARE
AR APAHOE COUNT Y
LITTLET ON, COLO RADO
F ebruary 8 , 1961
The Englewo od City Counc il
Englewoo d City Hal l
Engle woo d , Col orado
Gentleme n:
CO UNTY DIRECTOR
Paul A. Stout
Mr s . Helen Reeme operated a n u rsing h ome in Englewood for several years.
ur Dep artment used h er f a cility in c a ses of old age pensioners and others
wh o needed nursing h ome c are. We belie v e that she gave excellent care to
her pat i e n ts , and we h a d g oo d official relationships with her. She is
now planning to c o nst r u ct a b o a r di ~g h ome for old pe o ple at 4800 South
Bannock , Engl ewood , if p ermi s sion i s g rante d by the Council •. Such homes
are a vi t a l phase o f t he wh ole probl em of c a ring for the elderly. Mrs.
Reeme would p r ovide room a n d b oar d at a mo derate rate for ambulatory old
people wh o d o not as ye t need nursi n g h ome care.
If the Council sees fi t t o g rant t hi s p ermit to Mrs. Reeme, it would be
a great benefit to many'home les s ol d p eop le of our county.
Very truly yours,
/s / Paul A. Stout, Director
PAS /ih"
Mr. Simo n summ arize d the re a son f or his request for public hearing
in this mat t e r a s f o ll ows:
h at the pract i ce has be e n t o bring t h e b oundary line between
tw o z onos to the a ll ey r ather tha t a t the street;
That the exist ing are a o f l and z oned R-3-A was not relevant as
t h e land wa s n o t i n a loc ati on t o meet his clients requirements;
Tha t the c o nce rn o f t he r e s idents in the are a that the change in
z o ning would al low t he constr u c ti on of an apartment house on the
balan ce of the ar e a t o b e rez o ne d was u nfounded and would be some-
what dete r e d by the e rect i on or the home as proposed by Mrs. Reeme
in the center o f the b lock;
And , that the r e i s no oth er zone avai l a ble which woul d provide
f or a nursing h ome or room a n d bo a r d a s re q ueste d by his client
in a zone of a h i gher cl as s if i cati on than the R-3-A proposed.
Mr. J o yce Wi lliams, Contractor, 484 5 S outh Cherokee, Englewood,
stated that he had consi dere d purc has i ng t h is land for R-1-residential
deve lopment but that s ite woul d no t warr ant this usag e. He spoke in
avor o f the r equest b y Mrs. Reeme.
Mr. Ro y s . Br a nnan , Do ug las Coun t y , stated that he owns the
p r ope rty t o the no rth o f t h e s i t e pur chase d b y Mrs. Reeme and that he
had s ol d t his land to her af ter con s ider a tion of the use proposed.
r. J o hn J . Lay , 2 30 West Layt on Avenue, stated that the site was
unsu i table f or r e s ide n t i a l dw ellings a nd to develop it as an R-1 area
woul d l ead to sma ll unsuit a ble h omes.
rs . Norman ~dna Wier, 4870 S out h Che rokee, stated that she was
not agreeable to e r e c ti on or a partme n ts on this site but would agree
to the p r oposal by Mr s . neeme.
Dr. Mezen sp oke of his knowl edge of t h e ope ration by Mrs. Reeme or h omes f or the aged in t he past a n d s p oke favorably for the erection
of the p r o p ose d h ome .
Mr s . He len Reeme, 4595 S outh Elati, was present and spoke in favor
of he r p e t i t ion emphasi z ing that t h e use would be in the nature of room
and b o a r d f or the ag e d rat he r t h an a n u rsi ng home. She emphasized that
347
inutes of March 6 , 1961
those living at the home would be able to take care of themselves rather
than requiring the facilities of a nursing home as such.
The MElf or asked for those to speak who were in opposition.
Mrs . Louise M. Bowen , 201 West Chenango Avenue, stated that she
owned 305 foot frontage on South Ba nnock and was within the area under
considerat i on for rezoning. She stated that she was the first owner in
the area and does not want to be rezoned. She had not attended the
planning hearing as she did not realize that she was affected.
Mr. Clay Bowen , spoke that if the land were rezoned R-3-A that
anything permissible within that zono could be erected in the area.
Councilman Braun stated t h at Mr. Bowen was right in his statement.
CO TTN CILMAN BRA UN M')V ED, COUNCJLl·1 AN MILES SECONDED , THAT THE
PUBLIC HE ARING BE CLO SE D. Up on the call of the roll, the vote re-
sulted as follows:
Ayes: Councilmen Woods, Miles, McLellnn, Ma rtin, Brownewell,
Braun , Kreiling.
Navs: None.
Ab sent: None .
The Mayor declared the mo t ion carried.
Councilman Mc Lellan inquired if the request for rezoning included
only Mrs. Reeme •s property . Councilman Miles replied that auch zoning
would be spot zoning and that the entire half block had been under con-
sideration. He reviewed that no one objected to the home in operation
as proposed by Mrs . Reeme but many h ad objected to the rezoning. He
stated further that Mrs . Reeme had just recently purchased the property
with the full knowledge of its zoning. He then read the recommendation
of the Planning Corrunission on this matter in full:
"That the request to rezone the subject property from
R-1-B (one-family resi dential) to R-3 -A (multi-family
dwel lings) be denie d as there has not been sufficient
proof establishe d that there is a need for additional
R-3 -A zoning in this area . At the present time our
qt11 n tn~ $hO\.I thPt (').,.,1..-r l/.?O of tl..,r 1 :in(1 7.oned for R-3
purposes a.re used as an R-3 use and additional R-3 zoning
should not be created until a need is established."
The Mayo r stated that he felt t h e recommendation of the planning
Commission should be upheld as the owner of more than 50~ of the land
objected to the re z oning and that it is not the p olicy of the Planning
Commission nor Council to spot zone . Councilman Braun discussed spot
zoning. Councilman Miles expressed the opinion that greater damage would
occur by zoning only one quarte r of the block and having the boundary at
a propert y line rather than at the stree t as presently or the alley as
general practice.
Councilman Brownewell spoke that he would not favor rezoning an
area where the property owners d o not desi re such rezoning. He suggested
review of a buffer or transitional z one.
Mr . Clifford Moh r, 237 West Chenango Avenue, spoke of a receipt
which had been issued in connection with a proposed sale of the north
75 feet of the property owned by Mr. and Mrs. Bowen. Discussion ensued.
The City Attorney stated that the owner of record is the person
authorized to speak fo r a parcel of land.
Councilman Miles asked Mrs. Reeme if she would be agreeable to
holding this request for rezoning until a transitional or buffer residential
one was establi shed. Mr . Dick S imon, speak ing for Mrs. Reeme, replied
that a reasonable time woul d be agreeable with her.
C::>UNCILMA N BR AUN f.-T 'WED , CO UNC I U 1AN MI LES SEC')NDED, THAT THE MATTER
F RE ZO NING THE WEST ::>N~-HALF OF' THI~ 4800 BLOCK SOUTH BANNOCK BE TABLED
TIL APPROP~IAT E ACTION HAS BEEN TAY.EN BY THE CITY COUNCIL TO ESTABLISH
A TRANSITIONAL ZONE . Upon the call of the roll the vote resulted as
follows :
Aves: Councilmen Woods , Miles , McLe llan, Ma rtin, Brownewell,
Braun , Kre il ing.
Nays: None.
Absent : None .
The Mayor declared the moti on carried.
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COUNCILMAN BRAUN l'O VED , CJUNCILMAN MARTIN SEC ONDED, THAT THE
PLANNING AND ZON IK G COMMISSION BE DI REC TED TO TAKE IMMEDIATE STEPS TO
EST ABLISH A "T" JR TR ANSITION AL RE S I DENT IAL ZC>N JNG TO INCLUDE ROOM AND
BOARDING HOUS ES AND /OR REC)T HOMES TO PR')VI DE THE TRANSITIONAL OR BUFFER
ZONE BETWEEN HEAVY DENSITY RESEDENTJAL ZONES AND SINGLE FAMILY RESIDENTIAL
s . Up on the call of t he roll, the v ote resulted as follows:
Ayes~ Councilmen Woods, Miles, McLellan, Martin, Brownewell,
T3 raun, Kreiling .
ays : None .
Absent : None.
The May or declar ed the motion carried.
RECESS
The Mayo r cal le d a recess until 10:15 P. M.
CALL TO ORDER
he Mayo r cal le d the Council to order at 10:20 P. M. with the
fol lowing Councilme n present:
Councilmen Braun, Brownewell, Ma rtin, McLellan, Miles, Woods,
Kreiling.
The Mayor decla r ed a q uorum present.
RELATING TO DOG LE ASH LAW ENFORCEMENT
r. ~. F . Moeller , 43 1 Ea st Gir a rn Avenue, spoke to the Council with
regar d to the Dog Leash Law . He stated that he did not oppose dogs but
felt they shoul d be controlled and that the Police Department was handi-
capped by not having sufficient personnel. He spoke of his contact with
his neighbors on the matter of stricter enforcement of the ordinance and
no one opposed the enforcement . He spoke of the pe nalty and enforcement
provisions of the o r di nance a n d suggested that the officers be authorized
to give the owner a citation upon the first offense and that this citation
could be handled by the Traffic Violations Bureau as parking tickets and
mi nor d riving offenses a re. He discussed other areas where he felt there
could be improvements made .
The City Mm ag er reported that he had copies of correspondence
between Mr. Moeller and the Polic e Chief relating to certain violations
of ordinances which could be handled by the Police Court Clerk. He stated
t h at this particular propos al h as a g r eat deal of merit and should be
investigated .
COTWCILMAN 13R AtTN ~OVED , COUNCILMAN WO ODS SE CGNDED 1 THAT THE CITY
ATT1RNEY BE DIRECT ED TO RE VI EW THE DOG LE AgH JRDIN ANCE AND THE PROVISIONS
FOR ENF'JRCEMENT SO THAT TH8 ENFO RC EMEN T 1F THE ORDIN ANCE WOULD BE SIMPLER
AND MJRE EFFECTIVE .
Mrs . John c . Betting er, 3261 South Pearl Street, spoke of dogs
running loose at nearly a ll times in he r area. She stated that in spite
of freauent call s to t he Police Departme nt dogs could not be controlled.
Up on the call of the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell,
raun, Kreiling.
Nays: None.
Absent: None .
he Mav or declar ed the motion carried.
611 -39 RELATING TO USE 'JF OLD HAWTHO RNE S CHOJL BUILDIN G
Mr. E . R. Ca rtwri gh t, Vice Chairman of the Board of Adjustment and
Appeals , discussed the matte r of est abl ishing an non-conforming usage for
coll'fterc1al offic es in an R-1-D resi dence zone by the action of the Board
of Adjustment and Appeals. He stated that the Board of Adjustment and
Appeals does not have such authority to g rant non-conforming use, that
that woul d be le g islative act. Mr. Clayton, member of the Board of
Adjustment a n d Appeals , quoted from the Zoning Ordinance as follows:
"6. LIMITATIONS ON THE BO ARD --
Nothing herein cont ained shall be construed to empower the
Board to change the terms of this Or d inance or to effect
changes in the 7,oning Ma p of the City of Englewood. The
..
349
350
inutes of March 6, 1961
powers of the Board shall be norrowly interpreted and strictl7
construed so that this Ordinance and map shall be strictly
enforced."
Paragraph 6, Article II, Ordinance No. 45, Series of 1955 as amended.
Discussion ensued. Councilman Braun spoke that the Council needed
a recommendation from the Planning and Zoning Commission with regard to
rezoning before it could act on rezoning the area.
Mr . Tymer Rice , Membe r of the planning and Zoning Commission, staited
that the matter did not come before the Planning and Zoning Commission
for rezoning but was discussed onl y as a matter of procedure to determine
if a means was available to permi t the usage proposed by the Old Hawthorne
School without requiring public hearing by the Planning Commission for
rezoning and subsequently a public heari ng and ordinance by the Council
to rezone. He suggested that the Council investigate the possibility of
special legislative consideration of this matter. Councilman Miles
reviewed that the zoning \tilOuld take a long time and that was the reason
for the reference to the Boa rd of Adjus tment and Appeals for special
consideration.
Councilman Araun stated that Mrs. Leino of Bell Realty should be
notified that the Doard of Adjustment has no jurisdiction in the proposed
use of the building and that the Council is unable to give special con-
sideration for rezoning of the area. He advised Mrs. Leino to make formal
application for rezoning of the area on behalf of the Englewood School
District. Discussion ensued.
Mrs. Rose Leino stated that she had spoke of potential rezoning
with the City Manager and other City Offi cials. She had requested an
application for rezoning from Mr . Munns , Planning Director, but that
he had deferred giving her the necessary papers until after the matter
had been brought to the attenti on of the Board of Adjustment and Appeals.
She affirmed that she did know the zoning of the area at the time of the
purchase but as the City was using the building for office purposes and
there was another office building being constructed across the street she
did not anticipate any difficulty in securing rezoning. The City Manager
commented that ~overnmental offices may be constructed in any zone.
The Mayor surmnarized that the Council had received the comments
of the Board of Adjustment and Appeals in this matter and that the owner
or owners of the property should ma k e applicati on for rezoning to the
Planning Cormnission as required by ordinance.
PETITIONS FOR ANNF.XATION
611 -42 Annexation of an area Southeast of the Intersection of South
Decatur Avenue and West Union Avenue
Mr . t.:i arry Carleno presented a petition for annexation of 30.408
acres, more or less, in Section 8, Township 5 South, Range 68 West, of
the 6th Principal Me ri dia n. He stated that of the 20 owners that he
had secured 11 signatures representing more than 50~ of the land area.
He proposed that the area will eventually be light industrial zoning.
611-43 Annexation of an area between South Federal and South Lowell
Boulevards immediately south of the City of Sheridan City
Limits
Mr . Harry Carlena presented a peti tion for annexation of the
portion of the northwest q..iarter of Section 8, Township 5 South,
Range 68 West , of the 6th Principal Meridian containing 60.855 acres,
more or less. Mr . Carleno stated that the petition contained 216
signatures out of a possible 282 owners representing more than 5~
of the land proposed to be annexed. He stated that most of this
land had been devel o ped as residential and probably would be zoned
as such.
Mrs . Joseph Fe rguson, 2740 West Union, stated that she was
opposed to the annexation of the 30 acre tract, that it would in-
crease her taxes as they have a large frontage. Discussion ensued
with Mrs. Ferguson , relating to the fact that assessing is not done
by the City and that assessed valuations for tax purposes would not
change whether the property is in the County or within the City.
COUNCILMAN BROWNEWELL MOVED , CO UNCILM AN BRAUN SECONDED, THAT
J.{E CITY CO UNCIL RE CEIVE THE PETI~ION Fon ANNEXATION OF THE 30 ACRE
TRACT, FAV1RARLV CONSIDERi fG SUCH TRACT , AND REFERRING THE PETITIONS
TO THE CITY ATTORNEY SO THAT THEY MAY BE CHECKRD FOR LEGAL COMPLIANCE
ITH STATE STATUTES . Up on the call of the roll, the vote resulted as
f olrows:
Ayes: Councilmen Woods, Miles , McLellan, Martin, Brownewell,
Braun , Kreiling.
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Na ys: None.
Absent: None.
The May or dec l ared the mo t ion c arried.
COUNCILMAN BROWNEWEL L MOVED, CO UN CILMAN WOODS SECONDED, THAT THE
CITY COUNCIL RECEIVE THE PETIT I ON FOR ANNE XATION OP A 60 ACRE TRACT,
AVORA ~LY CONS I DER , AND REFER TO TH~ CITY ATTOR NE Y TQ REVIEW FOR
COMPLI ANCE WITH L~~(}A L 11E QUIREMENTS FO R ANNE XATIC>N.
Co un cilma n ~raun state d that he was opposed to any annexation of
l a n d to the City of En g lewood west of South Federal Boulevard. Council-
man Brownewell s t ated that he felt as the City of Englewood was serving
th i s are a with wat er and sewer throug h the Valley ~ater District that
the a nnexat ion was log ical especially in lig ht of recent proposed annex-
ations t o the Ci t y and County of Denver which will threaten this area.
pon the call of the roll, the vote resulted as follows:
Ayes: Co un c i l me n Woods, Miles, McLellan, Martin, Brownewell,
Kr e iling .
Na ys: Co un ci lman Braun.
Ab sent: None.
The Mav or declared the motion carried.
611-4 PROCEEDINGS OF ~O A RD OF AD JUSTMENT AND APPEALS MEETJNG OF
BRUARY 28, 1961
Th e Ma yor aske d t h at the minutes b e received and placed on file.
611-5 PROC~EDIN<'TS 11'' RO ARD C>F CAR EER SERV IC E COMMI SS IONERS MEETING OF
ARCH 1, 1961
The Mav or asked t ha t the min u tes b e received and placed on file.
611-6 PROCF,F,DHT<'TS 1fi' Cl TV PLANNING AND ZON I NG COMMIS SION MEE TI NG OF
FEB RUAR Y 23, 1 9 61
Th e Mnv or a skod t h at t he minute s be received and placed on file.
61 1-28 REL ATING TO ORDI NANC E NO. 6, SERIES OF 1961
The City Man a g er reported that there was typographical error in
r d i n ance No. 6 , Se ries of 1961 which occurred througho11t its passage
and a d op t ion. He stated that t h e Cit y Attorney had drafted an ordi-
nance to co~r ec t t h is deficiency a n d was submitting it now.
I ntro du ce d as a b ill by Councilman Martin
A BI LL
R AN ORDINANCE RRPE ALING JRDINANC E NO . 6, SERIES OF 1961, AND AMENDING
1RDINANCB NO . 39 , SER I ES OF 1957, AS AMENDE D, OF THE ORDINANCES OF THE
CITY ~F ENGLEWOOD , CO LOh ADO , KNOWN AS THE "TRAFFIC ')RDINANCE," BY DESIG-
NAT I NG ALL OF THAT PJR'I'ION OF SOUTH FEDE RAL BOU LEVARD AND ALL OF THAT
P'JRTION OF SOUTH UNIVERSITY BOTTL S VARD LYIN G WITHIN THE LIMITS OF THE CITY
F ENGLEW10D , COLORAD O, AS "AR TER I AL STRF:E TS" UN DE R SUB-SECTION (a) OF
SECTION 1 20 .J.l OF SAI D ORDIN ANCE , AND BY DELET I NG SUCH PORTION OF SOUTH
IV ERSI TY BOULEV ARD (AV ENUE } FRO M SUB -SE CTION (c} OF SECTION 120.3.1 OF
SAID ORDINANC E , AND BY DESIGN ATI NG AL L OF THO SE POR TIONS OF SOUTH SANTA
FE DRIVE (U.S . NO . 85} AND ALL OF TH AT P1 RTI ON OF STATE HIGHWAY NO. 87
ON SOUTH BRO ADWAY LY I NG WI THI N THE LI MITS OP THF. CITY OF ENGLE WOOD,
COLORADO , AS "THROUGID/AYS " UNDER SUB -SEC TI J N (c) OF SECTIO N 120.3.1 OF
SAID 0RDINANCE .
BE IT OR DAI NED BY THE CI TY CO UNCIL OF TH E CITY OF ENGLEWOOD,
COLORAD O:
Section 1. Ordinance No. 6, Series of 1961, of the ordinances
of t h e City of Englewood, Colorado, is hereby repealed.
Section 2. Section 120.3.1 of Ordinance No. 39, Series of
1957, a s amende d , of the ordinances of the City of Englewood, Colorado,
known as t h e "Traffic Or d inance," is h ereby amended by deleting South
nive r s ity Boulev ar d (Avenue) from sub-section (c) of Section 120.3.1 of
sai d or d inanc e .
Sec t ion 3. Section 120.J.l (a) of Ordinance No. 39, Series
of 1 95 7, as amen ded, of the ordinances of the City of Englewood, Colorado,
known as the "Traffic Ordinance," is hereby amended by adding thereto
and desig nat ing a ll o f that portion of S outh University Boulevard and
a11 or t h at porti on or S outh Fe deral Boul e vard lying within the limits
of the City o f En g lewoo d , Colorad o, as "arterial streets."
351
352
Minutes of Ma rch 6 , 1 961
Secti on 4 . Section 120.3.l(c) of Ordinance No. 39, Series
of 1957, as amended, of the or d inances of the Cit~ of Englewood, Colo-
rado, kn own as the "Traffic Ordinance," is hereby amended by adding there-
to and designating a ll of t hat portion of S tate Highway No. 87 on South
Broa dway , and all of th ose portions of South Santa Fe Drive (U.S. No. 85)
l ying within the li mits of the City of Englewood, Colorado, as "throughways."
Passed on First Reading by the City Council of the City of
Englewood, Colorado, this 6t h day of Ma rch, A.D. 1961, and ordered pub-
lished in full in the Bnglewood He ral d and Enterprise.
ATTE ST :
was rea d for the first time.
COUNCILMAN MART IN MJ VED , CO TTNCILM AN MCLELL AN SE CO NDE D, THAT THE
PROPOSED BIL L BB PASS ED ON FIRST HEADDTG AND PlJ13LISHED IN FULL IN THE
ENGLEWOOD rrn RALD AN D ENTF.RPR I SE . Up on the call of the roll, the vote
resulte d as follows :
Ay ,es: Councilmen Woods, Miles, McLellan, Martin, Brownewell,
Braun, Kreiling .
Ney s :· None.
Ab sent: None .
he Mav-or declare d the motion carr ied .
611 -40 RELATING TO PA11K AND RECREA TION CO MMISS IJN SECURING
PERMISSION TO HAN DLE FUNDS
Th e City At torney reporte d that he h a d not met with the attorney for
the Parks and Rec reation Commission, the re f or~ had no report for the Council.
602 -42 CONTR ACT F~R ELEV AT ED WATE R TANK CONSTRUCTION
The City Mm ager re po rt ed that the contract was now in form for
signatures .
COUNCIL~AN ~RAUN MJV ~D , CO UNCILMAN MAR TIN SE COND ED, THAT THE MAYOR
AND CITY CL8RK SB AUTHOR I ZED TO SIGN THE CONTRACT FOR THE CONS TR UCTION
1F AN ELE VATED WATER TANK BY CHIC AGO BR ID GE AND IRON COMPANY. Upon the
call of the roll, the vote resulte d as follows:
Ayes : Councilmen Woo d s, Miles, McLellan, Martin, Brownewell,
Brau n, Kreiling .
ays : None.
Absent : None.
The Mav or declared the mo tion carried.
RELATING TO SUIT AGAINST CIT Y OF EN GLEWOOD AND DUANE JARRED
Th e City Attorney reporte d t ha t Danny Roy and Alice Roy had sued
Dua ne Jarre d and the City of Eng lewoo d in District Court in Civil Action
16166. He stated that a s t he insurance company states they are not
obligate d under Fidelity Bond for the a ctions of Officer Jarred that he
was requesting p ermission to de fe nd Off icer Jarred. Discussion ensued.
COTJNCILMAN MCL ELLA N MOVED , CO HNC ILMAN BRAUN SECONDED, THAT THE CITY
ATTORNEY BE INSTRUCTED TO DEFEND THE CITY AND DUAN E JARRED IN CIVIL ACTION
16166 IN THE DISTRICT CO TTR T OF ARAPAHJ E COUNT Y. Upon the call of the
roll, the vote re sulte d as follows:
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Ayes : Councilmen Woods, Miles, McLellan, Ma rtin, Brownewell,
raun , Kreiling .
ays :· None .
Absent : None .
The MEVor declared the motion c arried .
61 1-10 INTBNT TO CRE AT E PAVING DISTRICT NO. 11
Introduce d as a Resolution bv Councilman Miles:
flES 'JLUTION
OF THF. CITY COUNCIL OF TH E CITY OF
~AT E AN I MPR:)Vrt;MEN'"r DISTRICT IN SAID CITY TO
PAVING DISTRICT NO . 11, S NGL~W OOD , COLORADO, ADOPTING DETAILS
S THEREFOR , AND 'JRDERING PUBLICATION AND MAILING OF
TO THE ')\lNE RS OF THf : PROP8RTv TO BE ASSESSED FOR
AID DI ST RICT .
WlffiRT<'AS , the City Council of Englewood, Colorado, has deter-
ine d to .create Pav ing District No. 11 in sai d City, and to order the
construction of the street and a lley improvements therein as more par-
icu larly specifie d in the form of Notice he re inafter set forth; and
WHERE AS , t h e City Council h as heretofore adopted a preliminary
order d irecting the City Engineer to mak e the necessary preliminary sur-
veys , estimates and maps as re q uired bv the pro visions of the City Charter
and Or d inance No . 8 , Series of 195 9 , as amended by Ordinance No. 17,
Series of 1959, of said City ; and
Wf~REAS , the City Engineer , in pursuance of said order has
reported to thi~ Council the com p letion o f all matters and things en-
joined on h im in the form and manne r as di r e cte d , all of said data being
now on file wit h t he City Clerk in completed form and substance, as by
sai d order and b y law req u ire d :
TlfE~P,FORR , '1~ IT RSS JLV ED RY TH E CIT Y COU NCIL OF THE CITY OF
:.m.r.LEWO')D , COL'JRADO :
1 . Th at sai d Enginee r s repo r ts , t ogethe r with the details,
specifications , est imates , maps an d scheduJ.e s pr epared and filed with
the City Cl e rk be and the same a re hereby appr oved and adopted bv this
Council for use in t h e construction of the improvements to be made in
sai d Pa vinP. District .
2 . That the materials to be used in constructing the pro-
pose d improvements are stated in the Notice he r inafter set forth.
). That the assessments to be levied for said improvements
s hall be due and payable within thirty d ays from and after the final
p ub licat ion of the or d inance assessing the whole a ctual cost of said
i mp roveme nts agai n st the real prop erty in said Dis trict; provided,
however , t ha t any owner wh o shall pay h is full assessme nt within said
period of thirty d ays , shall be entitled to an allo wance of f ive per
cent (5¢) of tho runount so assessed a g ainst hi s pro pe rty and paid by
him . I n case any owner of real estate shall fa il to pay the whole of
such assessmont against h is p roperty within sai d thi rty days, then the
whole cost of said improvements so assessed against h is property shall
be payab le in 10 equal annual installments of p rincipal, with interest
on unpaid i n stallmen ts at t h e rate of 6% per annum , payable annually;
~h e first of said installments of sai d princ ipal and interest shall be
due and payab le at such time as may be determined in and by the assess-
ing ordinance, and the re ma inder of s aid annual installments of principal
d interest sha ll be due and payable successive ly on the sane day in
each vear there a fter unti l a ll are pai d i n full.
shall be th
n the Untie
4. Th at the property to b e assess ed for sai d improvements
rop e rtv within the Dist rict more part icularly described
hereinafter set f orth .
• Th at there shal l b e prepare d an ordinance, in conformity
t h an d un der the provisions of the City Charter and said Ordinance
o . 8 , Series of 195 9 , as ame nde d by Ordinance No. 17, Se ries of 1959,
creating within the corporate limi ts o f sai d City a local improvement
d istrict t o be kn own as Paving Di strict No. 11; providing fo~ the con-
struction in said Dist ri ct o f the improvements, all a s is in this Resolu-
tion set forth an d desc ribed, and in a ccor d ance with the report, plans,
aps , specifications , detai ls a n d estimate s of the 8ngineer of said City,
h erein referre d to and now on file in the office of the City Clerk.
6 . That the p ropose d or dinance will be introduced as a Bill
at the regular meeting of the City Council at 8:00 o'clock P. M. on the
3rd day of April , 1 96 1.
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7. That No tice of the pro po s e d im provements be given by the
City Cle r k and publ i she d in the En g lew oo d Heral d and Enterprise, a news-
paper published in and of g ene r al circul at ion in said City, in three
consecutive weekly ed i ti ons , there in g iving Notice to the owners of the
property to b e a ssesse d of the matters a n d t hin g s re q uired by law. At
or about the time of the fi r st pub l icati on , to-wit: Ma.rch 9, 1961,
Notice shall also be g iven by p r epaid mai l t o all k no wn o wners of property
to be assessed with the cost o f sai d improvements.
The NoticA to be pub l ished s h all be in substantially
t h e following form , t o-wi t:
~TICE IF A PROPOSITION TO CREATE A LO CAL IM ·
Pf"lOVEMENT DISTR IC T I N ENG LEW8 0D , COLORADO , TO BE
'{N1'>1 N AS PAVING DI STRICT NO . 11, TO MAKE CERT AI N
STREET I~PROVEMENTS T HER~I N AND FOR A HE ARING
THF.R~IN .
All owners of r eal estate and property h ereinafter described,
and al l pers ons g enerally , a re h e r eby no t if ie d that t h e City Council of
Eng lewood, Color ad o , pursuant t o requ i si t e pe t iti on s of propert y owners
and designati o ns by the City Counci l unde r the l a ws of t h e S tate of Colo-
rad o and prov isions of the Home Rule Cha rter of the Cit y of En g lewood,
has a dopte d full de tails , plans and specifi c ati ons f or t he construction
of street im p ro vements a n d appurtenances in an d for a p ropose d local im-
pro v ement di str ict wi t hin t h e c orpo r ate lini t s of Englewoo d , Colorado, to
be known as Paving Distr ict No . 11. Said per s ons are further notified as
ollows :
(a) The kinds of impro ve me n ts p ropose d are:
ecessary g rad i ng and ex c avat ion, pav ing with six-
inch compacted g r ave l b a s e cou rse, with two-inch
asphalt i c c o n crete sur fa ce, an d concrete walks,
curbs and gut ters, wh e r e not a lready installed; to-
g ethe r with app u rte nan ces and incident a ls on the
following streets and ave n u es:
N FROM TO -
South Acoma S t .
s . si de w. Princet o n Ave . N. s i de w. Quincy Ave.
outh Acoma S t .
s . side w. Layton Ave. N. si de w. Chenango Ave.
est Adriatic Pl .
·I . side s . Tejon St re e t E . side s . Vallejo Street
ast Amherst Ave .
W. s i de S • C 1 arks o n St • 153 feet westward
S outh Bannoc k S t .
(strips only)
s . side w. Mansfield Ave . N. si d e w. Ox ford Ave.
S outh Bannock St .
s . s i de w. Oxfo r d Ave . N. side w. Quincy Ave.
S outh Che roke e S t .
N. side w. Ham p den Ave . Little Dry Creek
All of S outh Che rokee Circle
S o uth Ch eroke e S t .
s . side w. Quincy Ave . N. side w. Radcliffe Ave.
City Par k Driv e
s . Huron S t . Little Dry Creek
o uth Downing st .
s . side E . Ham pden Ave . N. s i de S tate Hi g h wa y No.
ast Eastman Ave . w. s i de S . Laf ayet t e S t . E . side s . Downing S t.
S outh Em erson St .
s . side E . Bates Ave. N. si de E . Cornell Ave.
Rast Floyd Ave . w. s i de S . Washington S t . E . s i de s . Lo gan Street
S o u th F ox St .
s . s i de W. Bate s Av e . N. s i de w. Cornell Ave.
S o u t h rra la pag o St .
s . side w. Ma ns f ie l d Av e . De n v er Ci t y Ditch
East Girard Ave .
·I . side S . Cor ona St . E . s ide s . Clarkson St.
S~uth Grant Street
• side E . Layt o n Av e. N • si de E . Chenango Ave.
S outh Hu ron St .
City Park Drive N. si de w. Kenyon Ave.
outh Huron St .
s . side w. Quincy Av e . N. s 1. de W. St anf or d Ave •
S o uth I nca S t .
s . side W. Lehigh Ave. N. si de w. Mansfield Ave.
outh Jason st .
s . side W. Keny o n Ave . N. si de w. Mansfield Ave.
S outh Jason S t .
s . side w. Tufts Ave . N. side w. Union Ave.
70
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inutes of March 6. 1961
est Kenyon Ave. w:· si des . De laware s t.
est Kenyon Ave .
W. side s . I nca S t.
est Lehig h Ave .
W. side s . Delaware St .
S outh Logan S t .
s . side E . Na ssau Av e .
S outh Ma rion S treet
S . si de E . Rastmm Ave .
S outh Pearl S t .
s . side E . Ham p den Ave.
S outh Sherman S treet s . side E . Layt on Ave.
West Stanford Ave .
• side S . Lipan S t.
est Stanford Dr .
• si de w. S tanfor d Pl.
• .. arren Ave .
W. side s . Tej on S t.
S out h Was h ington st .
s . side E . Nassau Ave.
South Washington S t .
s . side E . Pr inceton A,,e .
E . side s. Fox Street
E . side s. Jason St.
E . side s. Galapago Street
• side E . Radcliff Ave.
N. side E . F loyd Ave.
N. side S tate Highway No. 70
N. side E . Chenango Ave.
• side s . Lipan Court
Westward to N. side w •
St ani'ord Ave •
E . side s. Vallejo st.
N. side E . Oxford Ave.
N. side E . Quincy Ave.
(b) The assessments for sa i d improvements may be paid in ten
equal annual installments .
{c) Said a ssessments wil l be due and payable without demand
within thirty days f rom and after the final p u blication of an ordinance
assessing the whole co st of said i mp rovements against the real property
in said District ; pro vided , h owever, that any owner who shall pay his full
assessment wi thin said period of thirty days , shall be entitled to an
allowance of five pe rcent (5 ~). I n case any owner of real property shall
fail to pay the whole of such assessment against his property within said
thirty d9lrs , then the wh ole co s t of said improvement so assessed against
his property shall be payable in ten equal annual installments of prin-
cipal , as aforesaid . The first of such installments of said principal
shall be due and payable at such tirm as may be determined in and by the
assessing or d inance , and the remainder of sai d installments shall be due
and payable successively on the same day in e a ch ye ar t h ereafter until
11 are pa i d in full .
(d) The rate of interest t o be paid on unpaid and deferred
installments shal l be six pe rcent (6%) pe r annum, payable semi-annually.
(e) The extent of the District t o be improved shall be all
ot the real property fronting or abutting on the streets and avenues be-
tween the termini he reinbefore described , including the real property with-
in one -half (t) block of such streets and avenues. Adjustments will be
de tor irregular and odd shaped lots and parcels of property.
(f) As shown by the estimates
cost of sai d improvements in said Distri ct
the City will pay approximate l y ~115,000.
on each side of the streets and a v enues in
of the Engineer, the probable
is ~~415,000, of which amount
Probable costs per front foot
said District are:
Asphalt paving 36 ' wide -~~4.58 per front foot
sph al t paving 114 ' wide -$5. 81 per front foot
Pavirui: of other widths in proportion to above estimates:
Curb , gutter and sidewalk (Hollywood type)
2 .90 per front foot
Ve rtical type cur b and gutter
~2 .60 pe r front foot
S idewalk 4' wide -$2.24 per front foot
6" concrete s l ab -$0.69 pe r square foot
All estimates exc lude the six percent {6 %) for inspec-
tion , collection a nd incidentals and interest as orovided by law.
The cost of paving t o be constructed along the sides
f corner lots within said District s ha ll be ass essed against properties
within one-half (!) block o f such intersections and corner lots on a zone
basis in accordance with benefits conferred on such properties.
~ach one-half Ci ) bl ock will be divided into six (6)
parallel zones , and as sessments wil l be on the following basis:
355
356
inutes of Mar ch 6 , 1961
1 st Z()ne ab utt i ng on s tre e t or avenue ••...•• 28.55(
Next Zone • • • • • • • • • • • • • • • • • .14.29 ~
ne x t Zone • • • • • • • • • • • • • • •••• 14.2<)%
Ne x t Zone • • • • • • • • • • • • • • •••• 14.29%
Next Zone • • • • • • • • • • • • • • • • • .14 .29%
Next Zo ne • • • • • • • • • • • • • • • ••• 14.29%
Tot a l • • • • • • • • • • • 100 ~
No assessme nts will be made for curbs, g utters and sidewalks
in plac e whi ch conform wi t h the p l a n s and spe cifications for the proposed
impro vements and whi c h a r e a cc ept a bl e t o t he City Engineer.
The c o st of imp rov ing s tre et, avenue and alley intersections,
except whe r e petitioned spe c if ic a lly o therwise, a nd of paving in excess
of 36 f t. wi d ths on s tre ets des i g n ated as arterial within residential
zoning as of March 6 , 1 961, wi ll b e b orne by the City of Englewood.
Cre dit will be given f or part ial as phal t ic concrete replacement on pre-
vio us l y surfaced str eets .
Prope r ty own e rs are s p ec ifi c a lly referred to the schedule of
pro p o s e d assessments on f ile in t he Off i ce of the Cit y Clerk, from which
the approximate amount t o be a s se s sed ag ainst any particular lot or par-
ce l of pro pe r t y May be determined .
Up on c omp l etion o f sa i d imo ro v e ments, or a s soon as the total
cost there o f is definite l y a scert ai ned , su ch cost s h all be apportioned to
the property in the Distr ic t. Noti ce of such apportionment shall be given
and a hear ing wil l be he l d p rior to the adoption of an ordinance assessing
such c o st , al l as is provi ded b y l aw.
{g) A hear ing on t h is pro posi tion will b e had by the City Council
on the 27th day of Marc h , 1 9 61, a t t h e h o u r of 8 :00 o'clock P. M., at the
City Hal l in Englewoo d ; and a bill for an ordinance authorizing said
impro vements will be consi dere d b y t h e City Co uncil on the )rd day of
Ap r il , 1961 , at the h o ur o f 8 :0 0 o'clock P . M., or at an adjourned meeting
thereafte r, at the City Hal l in s a i d Ci ty.
(h) A map , e st i ma t e a n d s c h e d u le s h owing the approximate
amount to be assess e d , and a ll r e sol ut ions and proceedings are on f~le
and can be seen and e xam i n e d b y any pe rson interest e d at the Office of
the City Cl erk at any time during b us i ness hours prior to the 27th day
of March , 1961.
(i ) All c o mp l a int s and obj e ctions that ma y be made in writing
concerning the prop o sed i mprovements, b y the owner or owners of any real
prope r ty t o be asses s ed , includ ing tho s e to be assessed for side street
paving , wil l be hear d and determined by the City Council at the hearing
specified in the a b ove parag raph (g ) or at some adjournment thereof, be-
ore fina l acti on shall b e taken.
App r oved and ado pt e d t h is 6th day of March, 1961, A. D.
~~.~
ATTEST :
11Mayor ~ p
was rea d in full by the Ci t y Clerk.
co rnJ CILMAN MILES MO VED , COUNCILM AN WO ODS SE CONDE D, THAT THE
ESOLUTION BE APPRO VE D AND ADOPTED . Upon the call of the roll, the vote
resulted as follows :
Aves : Councilmen Wo o d ~, Mi l es , Mc Le llan, Martin, Brownewell,
Braun , Kr ei l ing .
ays : None .
Absent : None .
The Ma:.vo r declared the mo t i on carrie d .
I
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611-27
Minutes of March 6, 1961
PROPOSED SALARY INCRE ASES FO R NON-CLASSIFIED
PERSONNEL
The Ci ty Manager reporte d minor c h ang es in the llst of salary pro-
visions p r evi o usly g i v en t o the Council. He asked that the salary of the
Pers o nnel Dir ector be inc l u de d on t h e l ist as being recommended to go
f r om $414 .00 to $469 .00. He a l s o disc us sed the salary of the Police Court
Cle r k . He stated th at as t h is emp l o ye e's anniversary is August 1st that
the immediate increase be to ~2 7 !~.0 0 wi th the salary being further increased
on the anniversary dat e to $288 .oo.
The Ci t y Manag er aske d for d irection as to his handling of these
matters as he is n o t b o und to the sc a le for classified employees in
connecti o n wi th the p a ym ent of non-cla s sified employees and has, there-
fore , use d half steps as n ecessary to represent the compensation for
those emp l oyees . He ~t a t ed he wa s offering this information basically
so that the surplus coul d be encumbere d to i n dicate these increases
throughout the City .
The Mayor u r ged that the Manag er k eep on the pay plan range and
step whether the empl o yee s a re classif ied or not. He spoke in some de-
tail of his feeling that t h ere s h o uld n o t be h alf steps in any case.
CO UNCI L~AN BROWNE\·JELL MOVF.D , COU NCILM AN MI LES SECONDED , THAT THE
ANAGE~ PROC~ED WIT H SALARY REVISIONS FOR NON -CLAS SIFIED PERSONNEL AS
INDI CAT ED AND CALCULATE 'PRE rrOT AL AMOUWr OF THE INC RE!ASE FOR EACH FUND so
THAT THE SURPLUS MAY BE ENCUMBERED IN THAT AM OUNT.
The may~r stated that he was g oing to vote against this motion as
he did not appr ove of the us e of hal f s te p s i n the classification plan.
Tp o n the call of the roll, t he vote resulted as follows:
Aves : Councilme n Woo ds , Miles , Mc Lellan, Martin, Brownewell,
Braun .
Nays : Councilman Kre i l i n g .
Absent : None .
he Mavor declared the moti o n c arried .
611 -45 REQUEST FOR PERMISSION TO PLAC E RO AD SIGN BY BPW CLUB
The City Manage r r e ad the f o l lowing letter in full:
"ur s . Ru t herford T . Phi llips
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
r . L . R . Rudd , Ci t y Manag er
~lewood City Ha ll
3345 South Banno ck
~nglewoo d , Color ado
Dear Mr . Rudd :
4911 South Washington
Englewood, Colorado
2/27/61
h e memb ers of the Englewood Business and Professional
omen 's Club wo u l d l i k e to erec t one of the national club's road
signs on one o f the mai n s treets i n Englewood, preferably in the
business dist r ic t.
ould you be g o o d enough t o advise me wh ere we would g et permissioD'
to e r ect such a sign. We k now that t h ese signs appear all over the
coun try and we wou l d ce rt ai nly l i ke to h ave the Englewood club
represente d in our o wn c ommunit y.
Th ank y ou .
/s/
ours very truly,
Alba J . Phill i ps
Pres i dent,
Eng lewood B . & P. W."
Councilman Martin suggested this ma tter be referred to the Chamber
of Comme r ce so that the ?usi n ess a n d Pr of e ss i onal Women's notice of meet-
ings coul d be placed in the s ame manne r as other organizational signs in
the City .
357
358
"
Mi nutes of Marc h 6, 1961
q EL AT ING ~O TH ~ PROP1SED SIPHONI NG OF DENVER CITY
DITC H
The City Mann g er reporte d that the plan for a siphon system at
est Oxf ord Avenue was denie d . He s t ate d that the Denver Water Board had
submitted an alternative plan whe re by the ditch would be routed under-
g round to F ox S treet then nort h to the ditch right-of-way as in existence.
He stated that he had not considere d the cost of the proposed change as
suggested by Denver so this was inform1 tional only at this point.
611 -41
(Councilman Woods le ft the Chambers at 12:15 A. M. )
EL AT ING AMENDM ENT ')F ELECTION LA WS BY STATE
LE GISLATU RE
Th e City Clerk state d that he had received a communication from
r. R. B. J ohnston , City Clerk of Aurora, Chairman of the Election
Committee of the Colora do Municipal Leag ue, informing him that amend-
ments to the Elec tion Laws had be en introduced into the State Legis-
lature and assigned Senate Bill fl9 4 . He stated that this amendment
will correct many conflicts i n date for comp letion of certain actions
r filing of certain papers in co~ne ction with the conduction of an
election. He requested that the Council go on record as faivoring the
propose d c han ges . Discuss i on ensued . The City Clerk also mentioned
Senate Bill #266 whi ch woul rl ab oli sh tho 2 ~ Treasurer's fees for collec-
tion of property tax le vied within a city.
co rT"lCTLMA
~ CITY CU~R
LETTER T') THE STAT
~tTATE BILL #194 .
follows :
CLRLLAN r11vr.:D' CO TJNC I LMAN BROWNE lN.E LL SECONDED' THAT
AUTHJ11IZ 8D TJ wn I TE JN 13E HAL F OF TH E CITY COUNCIL A
LEGISL ATURE AND PARTICULAR LEGISLATORS SPONSORING
Tpon the call of the roll, the vote resulted as
Ayes : Co un c i lmen Mi les, Mc Lell a n, Mart i n, Brownewell, Braun,
Kr ei l ing .
Nays: None.
Absent : Councilman Woo ds .
he May or declare d the moti on carried.
611 -23 RELATING TO CONTRIRUT I ONS '110 Pc.>LIC EMEN 1 S PENSION FUND
The City Manage r reporte d that the Chie f of Police was polling the
membe rs of the Department while the ag reement was being reviewed by his
office.
61 1-13 AP PR OVAL OP BILLS , CLAI MS AND IN VOIC ES FOR FEBRUARY, 1961
C~UN C TLMAN !3 ROWNE HE LL MOV rt;D, COU ~T C ILM AN MCLF.LLAN SECONDED, ·r HA T
HE BILLS, CLA I KS AND INVJICR.S AS LIST ED n v THR CITY CL ERK AND APPROVED
HE CITY MANAGER BE ALLO WED . Up on the call of the roll, the vote
resulte d as follows :
Ayes: Councilme n Mi les, McLellan, Ma rtin, Brownewell, Braun,
Kreiling .
av s :-None .
Abs ent: Counc i lman Woods.
The Ma vor de cl a r e d the motion carrie d .
AGR EEMEN R ENG DF<:Sf GNG SE RVICES
The City Manag er reporte d as being informational, an agreement
hi ch he h ad mad e with Da le Rea for engi neering a 14 inch water main to
Centennial Acres from the Be ar Cree k Fi lter Plant. This agreement is
based on 3 ~ of cost.
MAYOR 'S CH~I C E
The Mayor report ed on recent Arapanoe Mayors• Council meeting.
The Mayor discussed the proposed annexation laws and their effect
on the municip ali ties of the state as a whole.
CQTJNC I LMEN 1 S CHO ICE
Councilman McLellRn expresse d his concern with the procedures
followe d in the handling of the nroposed rezoning of the Hawthorne
S chool s~te. Discussion ensued . Th e City Ma nag er agreed that every
ffort should be made to a void a repet iti on of this instance or others
discussed .
,QU NC I U 1E N 1 S IN STITUTE
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Mi nutes of March 6, 1961
The May or announced that there woul d be an Institute for Mayors and
Councilmen to bo held in Boul der Mar c h 17th, and 18th. Discussion ensued.
The May or state d he woul d cont a ct the Councilmen before the meeting to
find out how menv could a ctually attend .
ADJOURN
COUNCILM AN BR AUN ~OVE D, CO Ul't CILM AN MARTIN SECONDED, THAT THE
EETTNG BE ADJ:>URNF.D . Upon the call of the roll, the vote resulted as
follows :
Aves: Councilmen Mi l es , McL ellan, Martin, Brownewell, Braun,
Kre111ng .
Nay s: None.
Abse nt: Councilman Woo ds .
he Mayor dec l a r ed the meeting adjourne d at 1:05 A. M.,_Tuesday,
arch 7, 1961.
/s/
• O. Beausang, City Clerk
Clerk of the Council
The minutes of the meeting o f the Ci ty Council of the City of
Englewood, Colorado , he ld on the 6th day of March, 1961 A.D. stand
approve d as corre c ted this )rd day of April, 1961 A.D •
......... ~
359