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HomeMy WebLinkAbout1961-03-20 (Regular) Meeting MinutesREG EETING : QUNCJ L CH AMRJ<~RS CITY J F P.NGLTi;\-,''JOD , CJLORADO RC H 20 , 1961 The City Council of the City of Englewood, Arapahoe County, olorad o, met in regul a r session on Monday , March 20, 1961 in the Council Chambers , City Hall, En g lewoo d , at the hour o f 8:00 P. M. ayor Kreiling p r esiding calle d the meeting to order and the invocation was give n by the Revere n d \J ayne Caldwell of the ·ealeyan Metho d ist Chu r ch . h e ~a y or asked f or roll call. ollowirut persons we r e or o se nt: Jp on the call of the roll, the Councilmen : Braun, Brownewell, Martin , McLellan, Miles, Woods , Kreiling . Also Present: City Manag e r Ru dd , City Att orney ~sch , Plann ing Director Munns, City Cl e rk Be ausang . The Mav or declare d a auorum p r ese nt. 611-3 2 PtT13 LIC H'S ARING ON PR0P0S AL TJ AMF.:ND Z')N I NG ORDINANCE BY Al DUJG C-3 f3USnmss ZONE CJU NCI LMA PUB L IC Ht;;AR JMr! qT;' as follows: ')V rt:D , c o1mcJLM AN J:3R01t!NEWE LL SECON DED , THAT THE Upon t h e call of the roll, the vote resulted Ayes : Co u ncilmen Woods, raun, Kre iling , l ea , McLellan, Martin, Brownewell, ays: None. Absent : None. The Mavor declared t h e motion carrie d . The May or welcomed the many persons present and explained how the Council conducted its pub l ic he arings. The Mayor asked the City Attorney the procedure relating to c itizens as compared with those living outside. The City Attorney state d that the Council may hear from those from out- side the City Lim i ts but are p r imar i l y conce rned with those living with- in the City. Th e Planning Di rector r eviewe d the purpose of the proposed C-3 Business Zone, report ing that after c o nside rable study the Planning Cor.l!Tli ssion vote d unanimously for t he r evi sion. He discussed in con- siderable detail the prov i sions of the p roposed zone. The City Manag er sta t e d that the need for an additional business one had been prese nt for many years i ncluding the time when he was a member of the Planning and Zoning Commissi on. A discussion was hel d RS to the a dvisabili ty of moving the meeting to larg er quarters due to the overflow crow d in the halls and doorways. COTJN CI LMAN MCLELLAN MO V ~D , C0 UNC ILMAN W0 1DS SE CONDED, THAT THE CITY CIL RECESS FOR THE PURPOSE ~F t 1 ::>V JN G THE MEETING TO FLOOD JUNIOR H SCHOOL AUDITORIUM , LOCATE D 3600 BLOCK S OU TH BRO AD WAY. Upon the call he roll, the vote resulted as follows: Ayes : Councilmen Woo ds , Miles , McLellan, Martin, Brownewell, raun, Kre i linp:. ays : None. Absent : No ne. The Ma yor declared the moti on carr ie d . CALL T O ORDER The May or called the Council t o order at 8: 30 P. M. at the Flood Junior High S chool Audit or itun with th e following members of the Council present: Councilmen : Braun, Brownewell, Martin, McLellan, Miles, Woo ds , Kreiling . The Mayor declared a quo rum p r es ent a t 8 :30 P. M. The Mayor asked for discuss1 on by those who favor the proposal. I I I I Minutes of March 20, 1961 Mr. James P . Smith , owner of Temple Rest Home, 3400 South Marion, stated tha t h e was represent i ng t h e Jun i or Chamber of Commerce as well as his own pe r s o nal i ntere s ts. He p re s ented to the Clerk a resolution relat1ng t o concurrent anne x at1on for the record. The Mayor stated that the annexat1 o n or d 1nance is not being considered at this time, o nly the C-3 zoning d i s trict was b eing considered. As the r e was n o one el s e wh o wis he d to speak in favor of the pro- posal, the Mayor called for t h o se in o p po s ition. Mr. Harol d A. F e de r, 3271 Sout h Gi lpin, stated that he represented the N~r theas t En g lew oo d Citizens Co mm ittee and thanked the Council for r ecessing t o the F loo d J un i or Hi gh S c h ool Au d itorium. He presented c omments o f the Ci tizens Comm ittee t o t he Council and expressed the view- p o i nt t h at the C-3 or d ina nce is s peci a l le g islation. He asked further f or a s t an dup v o t e of those pre s ent to ind icate the people's desires in this mat ter. Mr. Al fr ed c . Coxe, 31 4 0 S outh Hi g h S treet, asked the Council to exami n e the mo tive f or p roposing such C-3 district at this time. He asked fo r an o pening of the s ubject on the proposed shopping center on the KL Z site. The Mayor stated f irml y t h at t he public hearing related to the pro- p o sed am endment t o the Zoning Or d inan ce wh ich would set up a new C-3 d istric t wh ich woul d p ro v i de for and c ontrol shopping districts. He re- affirmed that the Ci t y of En g le woo d d i d n ot have any particular shopping center in mind nor d i d it hav e a n y applic a tion for annexation or know of any pending anne x ati o n to the Ci ty of En g lewood. Mr. James Smith sp oke i n detn il o f h ow concurrent annexation and zoning wo ul d ai d h im t o se c u r e ano the r s ite for his rest home. The Mayor r eminde d Mr . Smi t h t h at t h e pub l ic hearing presently being con- ducted re late d to p ro p o se d z o ni n g f o r sho p pi ng centers. Mr. William A. Ur ban , 2 1 0 0 East F loyd Avenue, suggested that d iscussion be opened s i mp l y to c lear the air. Mr. Ge org e Ba ily , 2131 East F l oyd Avenue, inquired as to the scope of t h e pr opose d zone , asking if it wou l d apply to any area other than the propose d one no r theast o f the Ci ty . The Planning Director discussed the detai l s of the o r d ina n ce and h ow it l-1oul d affect any shopping center of any size . Mr. William Shannon , 2161 8 ast F l oyd Avenue, spoke against the pro- posed o r d inance . Mr. Wilson H. Moore, 2 4 85 S out h Gil p in, Denver, stated that every- one is inte r este d in g oo d pl anni ng and asked h ow this ordinance would cohstitute better p l anni ng . The Planning Director replied that the C-1 an d C-2 zones , wh i c h ex i st , we re n o t ade q u a te and that the proposed C-3 one is a h undre d time s more r e str ic tive t h an either other commercial zone . r. William Shann o n , a s ked I'ur ther t h e purpose of zoning. The Planning Director state d that i t was t o p rovi d e protection for the citi- en s and or derly g r owth o f the comm unity . Mr. Shannon asked why the Co uncil wo uld no t p ro te c t them (t h e r eside nt s of northe.ast Englewood.) r. Donal d J . O 'Co n nor, 31 06 S o u t h Vine Street, suggested that if the C-3 z one was fo r r egi ona l shop p ing ce n ter s that the ordinance be appli ed to downtown En g lewoo d . r. ur b an asked i f t h e Council c ou l d list some specific examples for t h e need of t he p ro p o sed z o n ing o ther than a very probable one northeast of the City . The Mayor liste d seve r a l areas including the southwest por t ion of the City which mi ght be a r eas to be zoned under the proposed C-3 d istr ict . r . Ro b ert N. Chambe rli n , 31 4 6 S o u t h Vine, asked that the stand- u p vote an d stu dy of the comme nt s r e q ueste d by Mr. Feder be taken. Coun cilman Braun reporte d t h at the Council h a d received the comments o n l y that ev e ning and that they hed n o t be e n accepted but simply received • • F eder st a te d t h at the Planni ng Comm i ssi on h a d determined not to transmit the comlTlents o f the Northeast En g lewood Citizens Committee to the Coun cil . Th is was the re a s on that h~ ha d entered the comments this evening . Counc ilme n Ma rt i n an d Mi les r efuted the statement that the Planning Commissi on had refu s e d to t r a nsmit the comments to the Council. Councilman Mile s stated that t he Plann ing Commission did not act favorably nor unfavorabl y but simpl y consi de r e d the comments in great detail. r . F e der a ske d the Coun cil t o consi de r these comments at this time. rs . Urban state d that she apprec iate d t h e problems of the Planning Comm ission an d i t s various act ions . She asked why it rushed through in s i x mon t hs a re q uest for a C-3 zone when t he entire Zoning Ordinance needs a t h orough re vamo ing . She spoke fav or ably for recodification. 361 inutes f or March 20 , 1961 Mr. Coxe asked the Counci l what The Mayor state d that 1 t v oul d be b u s addition t o the r ec omme n dat i on of tho individual Councilman 's dotorm1nat1on City of Englewood . its decision would be based upon. up on results of this hearing in Planning Commission and each of Wiat is best for the entire Co uncilman Brau n r ead a l etter f rom the Humble Oil and Refining Company , wr itten bys . M. Whitehil l, J r., S ales ME.l'lager, Denver Division, expr essing disfav or o f his compan y and other petroleum marke ting c ompanies as a d i s c riminati on was present in the proposed C-3 zo n i ng which proh i b i ts the ope rot ion o f s ervice stations in this zone . The May or discussed the bue1nesses to b e included in the C-3 Z"One and commente d that the C-1 zono do es not permit service stations eithe r. Mr. Robe r t A. Brown, 3325 So1 1t ll o r dinance has been thoroughly stu clled had pe r s ona l inte r ests and n ot thos e o that he fav or ed the pro posed oruin~n ce . o ron a S treet, stated that the nd t h ose who haven't been heard the City in view. He stated Mr. Rayt"lond E . Vincent , 2060 East J.'l o yd Avenue, a s ked the action of the Council on the comments of the No r thea st En g lewood Citizens Committee . Mr. Ha rry M. F l een or, 3385 S outh Corona, stated that he had attended pr evious meet ings at which the proposed aone had been dis- cussed and stated that Mr. Feder ha d occ as ions to present his comments but did not exerc i se the m. He fav ored the ordinance himself and asked that the Counci l seek what wa s best fo r all of Englewood. Mr. Robert c . Ho th , ?1 90 East 8 astman Avenue, expressed his view- point that r esidents s h o u l d be pro tected wh erever they are against zoning changes which wil l devaluate the ir property. Mr . James P . Smi t h s ta t ed that th is or d inance is permissive and will prov i de the z o n i ng if and when a pa rticular need occurs. r. Ed ward J . Puetz , 1100 East Gi rard, spoke further that the or dinanc e is the Ci t y permiss ion t o se t f ort h this zone if needed and allows for planning i n the future . Mr s . H. v. Al lache r, 321 0 S ou th Ogd en Street, stated that she was fo r the pro posed ame n dment as she fel ·t; i t woul d h elp the City. Mr s . Do r is Brown, 3325 So uth Co ron a , spoke that she was not in favor of an ordinance whi c h wo uld deal wi th a particular area only but that this ordin anc e provided g eneral a u thority and would be a benefit t o the City . The Mavor then asked f or r ebuttal by those opposed. Dr. Char les Gay lor d , 2390 East F loyd Avenue, stated that those who lived in the Hampde n Hi ll s Ar ea have a n investment in their residences . They did n o t wi s h to have their homes next to commercial areas and appar ently c o u l d not l oo k t o the City for protection. He stated that z o ning must be on a lo cal b a si s and could not have an area designation . Mr. Feder stated that the o r di n a nce, if g ood, is subject to a questi o n of timing . He spolc e i n conside rable detail with regard to certain p ro p o sals in the nor theast En gl e wood area which lead to a st r ong suspicion that this p articular or d inance mig ht represent special legislation a n d as suc h may lead t o cou rt action on the part of the r esidents of the Cit y . He asked for a standing count of those opposing the ordinanc e wh o reside in t he City . The Mavor called f o r those favo r ing t h e proposed amendment to the or d inance allowing a C-3 business z one to stand. There were 20. The Mayor cal l ed f or th o se in oppos i tion to the proposed C-3 zone to stand . The re were 84 . COUNCILMA N MILES M1VED , CO TfT'T CI U 1 AN MCLEL LA N SECO NDED , THAT THE PUB LIC HEARING REL ATING T1 'rHE AMENU•fRNT '.)F THE ZONIN G ORDI NANC E TO ALLO W A C-3 BUSINESS ZJNE BE CLO S ~D . Upon t h e call of the roll, the vote resulte d AS follows : Ayes : Councilmen Woods , t· iles , .r-~c Le ll an , Martin, Brownewell, raun , Kr eiling . Nav s : None . Absent : None . he Mav or declared the notion carr ied . I I I I Minutes of March 20, 1961 COUNCIIJI AN MAR'T1IN ?10VED , C')lT NCIL1''f AN WJOD pqJPOSED BILL ~STASLI S HI N G A C-3 Z1N E 1~ RE AD . roll, the vote re sul t ed as follo ws : SE CONDED , THAT THE Upon the call of the Ayes : Cou n cilmen Woo ds , t 'i le s , Mc Lell a n, Martin, Brownewell, raun, Kreiling . ays : None . Absent : None . he Mayor declared t h e moti on c a rri e d . he City Cle rk re a d the follo wi ng bil l. Intro duc ed as a B ill by Councilman .M artin . A BILL RDINAl'CE AM ENDING ORDINANC E NO. 45, SE RIES OF 1955, AS AMENDED, RDINANCES ')F THE CI TY OF ENGLE WOOD , COLORADO, KNOWN AS THE "ZONING RDINAN CE OF THE CITY OF F:NG LEFO OD ," BY ESTABLISHING THEREIN, UNDER ARTICLE IV THERSOF , A THI RD AND NEW ZO NE DISri1RICT , KNOWN AS C-3 {BU SINESS DISTRICT), DE S IGNED FOR THE DESCR I PTIO N AND THE CONTROL JF CONSTRUCTION AND OPERATION F COMMERCIAL CO MPLEXES GE NER AL LY KNOWN AS SHOPPING CENTERS. WHEREAS , pursuant to ordinance, the City Planning and Zoning Commission of the City of Englewood , Colorad o, has duly held public hearing on certain proposed amendments to Or d inance No. 45 , Se ries of 1955, as amended, of the or d inances of t he City of Rn g lewoo d , Colorado, known as the "Zoning r d inance of the City of En g lewood," and has made recommendation of the adoption of an ordinance embo dy i ne said amendments; and, WHERE AS , public notice has been g iven of such proposed changes in the Zoning Or d inance by one publication in the Englewood Herald and Enter- prise, a newspape r of g eneral circ ulat ion within the City and the official newspaper of the City , at least fifteen {15) days before the public hear- ing on such changes in the Zoning Or dinance, as required by ordinance; and, REAS , public hearing was h el d pursuant to the aforesaid notice by the City Counci l of the City of P.nglcwood in the Council Chambers of the 1ty Rall, 3345 S outh Bannock S tree t, Englewood, Colorado, on the 20th day of March, A. D . 1961, at the h our of 8 :00 P .M., at which hearing 84 persons appeared to protest or o ppose t h e proposed changes in the Zoning Ordinance; and , WHERE AS , the public neces s i t y, convenience, general welfare and good zon ing practices justify the propose d amendments to the Zoning Ordinance as h ereina fter set forth: W THEREFORE , BE IT JRDAINBD B .u cL EW OOD , COL ORADO : HR CITY COU NCIL OF THE CITY OF Section 1. Or d inance No. 45, Series of 1955, as a.mended, of the ordinances of the City of Eng lewoo d , Co lorado, known as the "Zoning r d inance of the City of En g lewood," is hereby amended by adding thereto, under Article IV t h ereof, a third a nd new zone district, known as C-3 (Bus iness District), designed for the d escription and the control of c onstruction and operation of commercial complexes generally known as shopping centers, which shall re ad as follows: Section llA -The following regulations shall apply in the C-3 us iness District: I . DESCRIPTION OF THE C-3 BUSINES S DISTRICT. This d istrict provides for the following types of commercial est ab lishments: A. NEIGHRORHO OD SHOPPING CEN TER . Neighb orhood Shopping Center means a shopping center for "convenience g oods," the principal establishment of which is u sually a super-marke t t y pe food store and/or a super drug store . Limited pers onBl and professional services may be provi ded . It ma y rang e from 3 to 20 acres in size. center B. Community Shopping/provides, in addition to "convenience oods," a wi der ran ge o f facilities for the sale of "durable d fashion c-oo ciR ," r 1 H~h Rs R.poare l, furniture and appliances. I n addition , there may be personal and professional ·services~ It is g enerally oriented around a junior Department Store or Va riety Store on a site 20 to 50 acres in size. C. REGI3NAL SHOPPING CENTER Rep:iono.l Shopp i Center provides a variety and depth of 363 inutes o f Ma rch 2 0 , 1 961 "convenience, durabl e and f A.sh ion goods," comparable to a' central business district, including general merchandise, apparel and h ome furnishings. Extensive personal and pro- fessional servi ces are g enerally provided. It may contain 50 or mo re stores oriented around one or more major depart- ment stores on a site of 50 or more acres. Whenev er the wor d s Center or Shopping Center are used herein, thev shall be understood to have the smie meaning. ,•Jn enever the wo r d District is used herein, it shall be understood to mean a C-3 Bus iness District. Neighb orhoo d , community and re ~iona l centers ~re usually located on ""1'1 <"treets or hiP-hWci'rn , at or near the intersection with one or more other majo r streets or highways so that they are accessible from al l di rections. Such centers are generally surrounded by resi de ntial a reas and are located at convenient driving distances from the edges of the surround ing residential districts which they are designed to serve . They are customarily designed and constructed as a complex of connected or relate d commercial buildings, planned and developed as a unit. II . STATEMENT OF POLIC Y. The re gulat ions in this Section 11 A are intended to permit develop- ment of the enumerated functions, limited by standards designed to protect the abutting or surrounding residential districts. To these ends, the regulations establish standards comparable to those for low density residenti a l districts, resulting in similar building bulk and retaining a s low a concentration of vehicular traffic as is compatible with the functioning of the district. It is im- portant thqt the a re as select ed for t h is district actually be de- ve lope d as permitted ; otherwi se, the surrounding residential areas will lack the retail services needed for stable communities. The privile g e of providing these services i s matched by the responsi- bility and duty to so provide . Consequently, the right to develop this district may be lo st if actual construction does not begin within three (3) y e a rs, provi ded that delays beyond the control of the deve lo pe r, s ~ch as by way of illustration but not limitation, action at law, strikes , civil commotion, national emergency, fire, flood , win dst orm, war, acts of Go d , acts of Government, shall not be included within the three (3) y ear time period, it being the policy of the Council to review the di strict classification of any C-3 area so designate d by Council but not actually so utilized. III . REQUIREMENTS AT THE TIME 1F APPLI CATION. IV . With an app l icationmquesting zoning or re-zoning, the following inf'ormat ion will be require d : A. MARKET ANALYSIS : Re giona l and Community shopping center developers -a market analysis acceptable to the City Council which is conducted and signed by a recog ni zed , independent market analyst. Neighb orhood center deve loper -an acceptable analysis which can be prepared by the applicant. B . FINAN CIAL REPORT A statement of financial responsibility including the posting of adequate bon d s to assure the installation of improvements required by the City as a condition to development in the C-J Dis trict. c . TRAFFIC STUDY . Re giona l an d community sho o ping center developers -a study indicating the present traffi c capacity and volume for streets in the immediate vicinity of the proposed C-3 District, the estimated increase in traffic due to the existence of proposed Shopping Ce nters, ingress and egress patterns and an estimate of probablestreet and sig nalization improvements needed. Neighbo rhood center deve loper -an acceptable study which can be prepared by the applicant. PERMITTED USES . A. USES BY RIGHT Any use permit te d in the C-1 Bus iness District except the following : I I I I v. • (1) (2) ( 3) (4 ) (5) (6) (7) (8) ( 9) (10) (11) (12) (13) (14) ( 15) (16) (17 ) (18 ) (1 9 ) Am bulance se rvice Animal Hos p it a ls Minutes of March 20, 1961 Auto Sal es or repair (but not prohibiting installation of a ccessories.) Crating service Electric Contractor Shop Plumbing Shop Printing, publishing anrl allied industries Sign painting shops F eed and Seed stores Garag e for commercial and public utility vehicles Gas regulator stations Hospitals and conv a lescent homos Hote ls otels o b ile Home Courts Permanent exclusive facility for a private social club , or fraternal org anization obile Home S ales Telephone exchange E lectric substat ions ACCE SC)1R Y USE An y u se wh ich complies with the following conditions, and is inci dent a l to a use by rig ht . (1 ) Does not include structures or structural features incons i stent with the use by ri g ht and which do not u tilize a g ross floor a rea in excess of 10~ of that of the use by right. (2) Advertising sig ns, traffic control devices and land- scaping facilities in a ccordance with limitations and requirements provided e lsewhere in this section. LIMIT ATION S EXTERNAL EFF EC TS J F USES . Every u se s h all be ma de to compl y with the following limitations: A. ENCLOSU RE : • very use s h all be operate d entirely within an enclosed structure , except for thos e which are seasonal in nature, such a s pati o-type shops and sidewalk cafes. SO T.IND • Every use shal 1 be s o opera ten that the volume of sou nd g enera ted does not exceed seventy decibels at any point along any boundary line of the shopping center on which t h e u s e is located. C . VP3R ATION . D. very use shall be so ope rated that ground vibration generated is not pe rce p t ible , without instruments, at any point along any b o undary line of the shopping center on wh ich the use is l oc ated . IS<:> I 1P ~E AT , GLARE, RADIATION AND FUMES. Every use shall be so o perat e d that it does not emit an obnoxious or dange rous degree of heat, glare, radiation and fumes beyond any bounda ry line of the shopping center on wh ich the use is locate d . E . OUTDOOR STJ RAG E AND WAST E DI S POS AL. No h ighly flammable or explosive liquids, solids or g asses shall be store d in bulk ab ove ground. Tanks or drums of fu e l d irectly connected wi th hea ting devices or appliances a re exclude d f rom this p rovision. All outdoor storage facilities for fue l, r aw mate rials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adj a cent property. o materials or wastes s hal l be deposited upon the Shopping Center ln s u c h form or manner that they may be transferred off the premises by nat ural causes. All Materials or wastes shall be stored outdoors in fireproof, ro dent -proof and wa t er -proof, closed containers. 365 1nutes of Ma rch 20 , 1 961 VI . LIMITATIONS STRUC'T'TTRES • ~ve r y structure wi t hin a C-3 Dis trict shall comply with the f ollowing lim itations: A. AX.I IGHT . In al l shopping centers h aving a total land area of more than 20 acres the maximum all o wable he i ght for buildings shall be feet . In all shopping ce nt e r s having a tot a l land area of leas than 20 acres the maximum al lowable he i g ht for buildings shall be j;' feet . The above he i ghts are to be measured from the average curb level at the street lines, or from the average natural grade level if no street grades have been established. In me a suring the h eig ht of a building the following shall be excluded : Chimneys; cooling towers; ornamental cupolas, domes or spires ; elevator bulk head s; machinery and equipment pent- houses ; water towers; but the total area devoted to the above excluded items al.all not exceed 10% of the g round area o:fi the structure upon whi ch they ar e located; radio or TV antennae a nd parapet walls not excee d ing five (5) feet in height shall R.ls o be excluded . B . BUILDING SET -BAC KS . D. I n shopping Centers having a t ot a l land area of more than 20 acres , the mini~um bu il d l ng set back sha ll be 100 feet. In Shopp ing Ce nters having a cres, the minimum building *See insert at b ottom o f p SIGNS . total land area of less than 20 set bac k shall be 50 feet. e . (1) Wh en a tt ache d t o buildi n g s, only flat wall signs or signs on the face of a ma r que e wall will be permitted. all such sig ns mus t relate onl y to bu siness conducted on the premises. No s i g ns shall extend above or beyond the bu il o i ng walls nor p roject more t h an one (1) foot from the front of the st ructure. (2) In addit ion to the ab ove signs, e ach shopping aenter s hall be permitted one (1) free-standing sign not over twenty-five (25) feet in height. (3) No adve r tising sig n shall utilize tJJJ exposed artificial light g lob e or tubing or contain or utilize moving mech anical c haracteristics, or ligh ting features which flash , move, occult o r var y in intensity. VII . CO NDITIO NS TO BS MET . A. STATEMENT OF P1LICY . After the 7,0ning or r e -zoning amendment has been approved and at any t ime p rior to appl y ing for an initial building permit, the owner or the dev eloper shall submit a Site Plan. The SITE PLAN shal l be revie wed an d approved b y the Planning Commission fo r conf ormance to t he pr ovi sions of this section and the approve d S ite Plan shall cont r ol actual const r uction by serving as a bas is for a ll bui l d i ng permi ts. An y d isapprov a l by the Pl anning Commission shall ~pacify the matters and thing s in which correction of the Site Plan must be made t o supply such compliance. Approval or disapproval of orig inal or corrected Site Plan s hall be with in 60 davs after submission. B . S PE CIFIC SITE PLAN 11El-),UI REMEN TS . *C • he S ite Pl an sha ll be submitte d in detailed form but it need not b e exact and final in al l de tai ls . It must show the followin g p ropose d features with appropriate dimensions: (1) (2) (3) Lo c a tion and arrang ement of aut omobile parking space, widt h of aisles, width o f b a ys and angle of parking. Loc ati o n an d arrang eme n t of truck loading and unloading spac e s a nd d oc ks . Locat i on of vehicular entrances, exits and drives and curb cuts. ""' ~UIL D I N • The Groun d c ov e r age of a ll bu il d ings , measured between exterior wall fa ces at g ra de level , shal l not exceed 30~ of the total square fo ot a re a of the Shopping Cente r on which they are locate d . I I I I inutes or Ma rch 20 , 1961 (4) (5) (6) ( 7) (8) (9) (10) (11) (12) (13) Location of pe destrian ent r ances, exits, walks, malls and open a rea s for use by tenants or customers. General sanitary a n d storm drainage s ys tems. Location and mate ri als of walls and fences. Gro u n d cover , t opog r aphy, s lope s, banks and ditches. The loc at io n , size, he i ght, and orientation or all signs othe r than s i g ns flat on bui l d ing fac ades. The l oc at ion and g en e r a l exterior dime n sions of main and ccessory buildings . Propose d finished g rade or the dist rict. Location of a ll outs i de facilities for waste disposal. Types of surfacing to be used a t various locations in open a r eas . Land a re a within the dist rict and Shopping Center; land a r ea or all abutt ing p ro p erty; public and private rights- or-way and easements boun d ing and/or intersecting the d istrict ; and location of fire hydrants. C . GENERA L ~ITE P LA K REQH J f1E NF.NT._,. Actual constructi on in a c cordan ce with the Site Plan approved by the Commiss ion must be g in wi t hin three (3) y ears from the d ate of the permit e8tablishing such si te except as extended by the p rovisions of subs e ction II ab ove and be completed with- in throe (3) years of t he da te construction is commenced except as to de lays cause d b y events beyond the control of the developer, as define d in Subse ct i on I I abov e. No initial building permit shall b e issued f or the erect io n of any buil d ing in any Shopping Center unless such building permit covers the construction of a building or buildings desc ri bed in such permit, the g ross floor areas of which equa ls or exceeds 10 ~ of the gross land area of the center. Suc h perm it shall also include the complete aina i:i:e system and fencing and landscaping require d therein. I n the event that anv of the ab ove p rovisions are not met, and unless the time limit has be en extende d , the Planning Commission ma v recommend to Co u nci l a more appropriate zoning classification. The Commissi on shall have the powe r to ma ke and adopt such rules and regulations as a re nece ssary and proper to effectuate the purposes of this sec ti on and to recommend such fees as are required t o cover the cost of advertising , inspection and re- view of each proj ec t, n ot inconsiste nt with the requirements of this ordinance as to this u se d istrict in the surrounding areas . D. MIN~R S IT E AND /1R '1UILDI NG CHANGES . • The approved Si te Plan shall limit a nd control the issuance of a ll building permits and shall restrict the construction, locations, use a nd oper ati on of all land and structures to all conditi ons set f orth in the plans; provided, however, that upon appli c ation to the quil d ing Inspector, minor changes in the locati on of structures, and other det a ils, may be permitted. No change shal l be a ut h orized wh ich conflicts with the origin- lly approve d S ite Plan or the pr ovisions o f this section. AJ'JR SITE AND/')TI l'.1U ILDI 1'1f'f PLAN CHANGF.S . ajor S ite Erld /or building p l a n changes and additions shall be subject to the same proce dure of review and approval by the Planning Comm iss ion as the original S ite Plan. CERTIFICAT 4~S ')F' USE AND OCCUPANCY • All improvements erected , const ructe d , or altered in any C-3 District shall be ful l y subject to the requirements of this or d inance and othe r ordinances of the City of Englewood relative to certificat e s of use and occupancy. G . ~T~Fl~ DRAINAG E SYSTEM . Adequate provision shall he mad e for drainage from the premise• to carry all water from ab ove and naturally passing across the premises , tog ether with the wa ter from the premises (taking into consideration the a cce le r a tion of flow caused by virtue of proposed i mprovements thereon and any other impervious areas, such as blacktopping or paving) wh ich shall carry such drain- age beyond the premises in a manne r c a lculated not to cause any damage to properties at a lower leve l from such drainage, based on the calculate d peak flotv of the d r a inag e a rea on a 10-year average r ain -fall basis ; t h e standards and specifications for which shal l be app roved by the City Engineer prior to the issuance of the initial buil d ing permit for any such area or d istrict . The initial b 1 l il d ing shall re quire full com p letion 367 Minutes of Marc h 20, 1961 of the construction of the drainag e system and approval thereof by the City En g ineer prior to the initiation of any construction ten d ing to increase, on the district area, the imperviousness of the land and the acceleration of the flow of water there- from--such as buildings, paving , etc. except that general site preparation, including: ( 1) ( 2) ( 3) I nstallation o f un derground utilities; Emplacement of construction barricades, sheds, and other customary temporary construction facilities; Grading, leveling , excavation and the construction of retaining walls; may p rocee d on the p remises prior to the full construction of t h e d rainage system an d final approval thereof; providing fur- ther that su ch general site preparation shall not divert or accelerate the natural flow of water across the premises and its return into the natural drainage channel from said premises. Such drainag e system s h all be constructed (1) by the appli- cant at his expense, or (2) by the City of Englewood at the expense of the ap p licant upon mutual agreement. In the event the construction is performe d by the City of Englewood, the owners or developers will deposit with the Treasurer of the City of Eng lewood prior to the be g inning of said work a sum equal to the estimated const ruction cost. H. DI VIDED DISTR ICT. In order to prevent t h e zoning of several corners of an inter- sect ion for shopping center use the following provisions shall apply: F or the purpose of calculating the minimum area, building set- backs and screening strips established by this section, a single C-3 District cannot lsy on two sides of a public street. Any area des ignated as being a C-3 District and laying on both sides of a public street shall're deemed to be more than one C-3 District. All minimum re quirements shall be met by buildings on each side of s~id public street as separate districts. VII . LIMITATI ONS ON OP EN SPACES . All a reas of the Shopping Center not covered or occupied by per- mi tted enclosures may only be use d for vehicular parking, maneuver- ing, pedestrian walkways, seating facilities, landscaping, including ornamental pools and fountains, d irectional signs, control devices and the shopping center free-standing sign. No open area 1n any C-3 District, regardless of size, shall be used and occupied by the property owner or anyone claiming under said property owner (except during construction un der an appropriate building permit) unless and until a certificate of occupancy for the use of an open area or areas has been obtained from the Buil d ing Inspector to indicate that compliance with the standards and recµirements of this Section has been accomplished. A. PARKING ARE AS In any shopping center, regar dl ess of' size, lots for the park- ing of the private, non-commercial motor vehicles of customers or employees and use by commercial delivery vehicles shall be subject to the f'ollowing provisions: (1) The lot shall be smoothly graded, adequately drained, and hard surf ace d with asphalt or concrete paving. Such Pave ment shall be kept in good repair and shall be kept free from the accumulation of refuse, debris, or litter. (2) The lot shall b e marke d so as to designate the parking of vehicles thereon. All parking spaces provided shall be not less than two hundred square f'eet, exclusive of driveways. (3) The lot shall not be used for the sale, display, or demon• stration of merc han d ise or service of any kind, or for the dead storage of motor vehicles either by elevating such mo tor vehicles above g round or by placing a "for sale" sign on such mo tor vehicles. (4 ) No advertising si g n is to be located on the lot, other than signs stating that it is a parking lot of the center and gi ving parking or traffic instructions in letters no mo re than six inc hes high. (5) By means of a barrier or b arriers, all parking shall be k ept back of the screening strips in the Shopping center in which the Pa rki ng l o t is established. I I I I I I I I Minutes of March 20, 1961 (6) The e ntran c es t o and exi ts from and onto the streets of the City shall be d e s i g ne d and constructed to achieve max i mum traffi c s afe ty. They shall be planned to achieve minimum int e r f erence wit h on-street traffic, particularly c a l c ulat ed h y the res t r i ction a n d control system of the Si te Pl a n to d irect, to t he most practicable extent, flow of ve h icul ar t r affi c to an d from the nearest major streets, rathe r than t o or fro m near-by residential streets. (7) The lot shall not be u sed after one-half hour after sunset unle ss the l ot s h all b e properly and ade quately lighted. The standar ds to wh ich t he lig ht s a re affixed shall not exce ed 1 0 feet i n he i g ht, and the direct rays of any light- ing shall be confi n ed with i n the boundary lines of the center. B. TR UCK LOADI NG AND fl1 ANC:tf1 'ER I Nn FAC I LITIES . c . All tru c k l o ad i ng a n d unlo adi ng fac i lities shall be designed so as t o a voi d , to the g re a t es t e xtent possible, conflict with pri• va te aut omobile par k ing a n d ma n e uvering. All on-site truck lo a d i ng , unloa d ing , and man euvering facilities shall be adequately de&ig n ed so a s to d irect a n d require truck movement to be to and f rom the near es t maj or s t t eet. SCREE NI NG STRIP S . All shopping c e n te r s s h al l be surrounded with a screening strip. The pur p ose of such scr e e ning is to p rotect abutting residential pro perty by enhancing t h e a ppear a nc e of the periphery of centers, and to pr eve n t li t te r f rom b lowi n g into streets and nearby areas. Sc r eening sha ll consist of lan ds caping and structures such as fences and walls, (subject t o variation in types of planting or a r rangeme nt t h ereof, when app roved by the Planning Commission in the S ite Plan). The f o l lowing s tan d ar ds s ha ll control: ( 1 ) a . THI RTY (30) FOOT PLAN~ING STRIP: The re shall be pl a nte d at least four (4) rows of everg r e ens no mor e than one (1) row of which shall be a shrub type. In each of the required four (4) rows t h e s pacing of t rees and shrubs shall not be more tha n fifteen (15) feet ap a rt, measured from trunk s . The trees shall be planted in a staggered fa s h ion and s hall be not less than four (4) feet in hei g h t at t i me of pl a n t ing. b . TWE NTY (20 ) FO OT PLANTIN G STR IP: c . The r e sha ll be p l an te d in the same fashion as out- lined in par a g r aph (1) a above, three (3) rows of ev e r g r een tre es of the minimum height therein speci- f ied. TEN (1 0 ) FOJ T PLANT ING STRI P: There shall b e t wo (2 ) rows of evergreen trees or shr u bs p l ant ed n o more than fifteen (15) feet apart and i n st agge r ed fa shion. (2) In Sho pp ing Center s hav i ng a total land area of more than twen t y (2 0) acre s, any ex terior boun d ary line which abuts resident i a l p r ope rty or is s eparate d from same by a resi- dential s t r e e t s h a ll be l and scaped with a thirty (30) foot plan t ing s trip p lu s a c hai n link or closed-face fence at leas t f our (4) f eet hig h set back thirty (30) feet from the exte r i or b oundary line of the center. (3) The one except i on to a ll a bove require ments shall be when ~here is prov ided a clo s ed-face fence or masonry wall at leas t t e n (10 ) fee t h i g h and set back twenty (20) feet from the p ro pe r ty line . J n t his case, the a rea between the fence or wal l and the prope r ty line mu st be landscaped with a twe n ty (20 } foo t p l an t i n g strip. At exterior boundaries not incl uded in the ab ove lnstance there shall be a land- scape screening o f a ten {10 ) foot planting strip plus a ch ain -link or c lo sed-fa ce fence not less than four (4) fee t in hei gh t, a n d s e t back ten (10) feet from the ex- t eri or b ounda r y l ine o f the s h op p ing center. (4 ) I n Sh o ppi n g Ce nte rs hav i n g a tot a l l a n d a re ·1. of less thm twenty (2 0) ac r e s, any ex te r ior boundary line which abuts re si den t i a l p ro pe rty or is separ a ted from same by a resi- den t ial str e et shal l be p rov ided with a landscaped twenty (20 ) foot p l anting st r ip p l us a ch a in-link or closed-face fence a t le Rst fo u r (~) fe et high set back twenty {20) fee t f rom the exte rior boun d ary line of the center. At exteri or b ou n dar i es n o t included in the above instance, t h e r e s h al l b e o l a n d sc Roe d ten (10} foot pianting strip plus a c ha in-l ink or c l o sed-face f ence not less than four (4 ) f e e t i n hei ~ht a nd set b a ck ten (10) feet from the e x te rior b oun da r y line o f the Sh o p ping Center. 369 37.0 Minutes of March 20 , 1 961 (5) No fe nce, wall, or othe r structure is required or shall be erected, and no hedge , shrub, tree, or other growth shall be maintaine d in such location upon any lot or prope rty in a manner constituting a pedestrian or ·vehic- ular traffic hazar d bec ause of obstruction to view or t r aff ic mov eme nt. (6) Al l plantings an d structure s referred to in this section shal l at a ll times be main taine d in good repair and si ~htly condition. (7 ) Al l exits from Shopping Ce nters which enter a residential str ee t and are not opposite any street shall be provided wi th op aq ue screeni ng strip baffles. Section 2 . The City Council he reby finds, determines and declares that the imme diate amendment of Ordinance No. 45, Series of 1955, as amended, of the ordinances of the City of En g lewood, Colorado, known as the "Zoning Or d inance of the City o f Engl ewoo d ," by establishing therein a new Comme rci al Distri ct , is necessary for the preservation of public property, health , peace and safety , a n d t hat an eme r g ency exists and this ordinance shall take effect u pon passage . Passe d on F i r st Re ad ing by t h e City Council of the City of Engle- wood , Col or ado , this 20th day of Ma r ch , A.D. 1961, and ordered published in full in the Englewood He r a l d and Enterprise. ATT ES T : was read for the CO UNC ILMAN BROWNEWELL M'JVED , COUNCI LMAN WOODS SECONDED, THAT THE PROPOSED BILL BE AMENDED IN ARTICLE VI I, C, GENERAL SITE PLAN REQUIRE• MENT S , TO RE AD AS F OLLOWS : "Actual cons truction in accor dance with the site plan approved by the Commission must begin within three years from the date of the p ermit establishing such site except as extended by the provisions of sub-section II above and be completed within three years of the date construction is commence d except as to delays caused by events beyond the control o f the developer as defined in sub-section II a b o ve ." Up on the call of the roll, t he vote resulted a s follows: Ayes : Co u ncilmen vJ oods, Miles, McLellan, Martin, Brownewell, r aun , Kreiling . Nays : None. Abs ent: None. The Ma vo r declared t he motion to end ca1•ried. COT TN CILMAN MARTIN MOV ED , COUNCILT'1 AN MILES SE CON DED, THAT THE PRO· POSED BI LL FOR AN ORDINANC E AS AM END ED BE PASSED ON FIRST READING AND PUB LISHED IN FUL L I N TH E ENGLE WOOD HERl\LD AND E NTERPRISE. Councilman Br aun commented in detRi l as to the letter and comments from the Northe as t En g lewoo d Citizens Committee. He stated that the con- tention of this Committee that le g isl at ion must be beneficial in every conce ivable situat ion is impossible. E a ch proposal must be reviewed as to the g r eatest nu ~be r of people. The Ma y or inquire d if the people objecting had an occasion to bring r evision and comments on t h e proposed or d inance while it was under con- siderat ion by the Planning Commiosion . Mr. Munns stated that they had full opportunity for this r eview a n d one of the members of the Citizens Committee did sit with t he P lanni ng Commission and g o over the proposal in deta il. I I I I I I . , Minutes of March 20, 1961 p on the Ca ll o f the roll, the v o t e resulted as follows: Ayes : Councilmen Woo ds , Miles, McLe ll an, Ma rtin, Brownewell, raun , Kre i ling . Nays : None . Absent : None. The Mayor declared the motion carried. 611 -}4 PUBL I C HEAR I NG FOR ZO NI N P11 ')P NCU ·~EN D Z'JNI NG OR DI NANCE TO PROVIDE vITH ANNE XATIONS q AUN M') PR 'JP')SAL .rs WI TH SPt.:C i li'J call of t he r oll, TJNC IV'"Al'I PJU <;c; SEC1NDED, THAT THE PUBLIC :ONI NG JRDINANCE BY PROVIDING FOR ING CONTINGEN CI ES AND CONDITIONS BE ~PENED • the vo te re Rulted as follows: Ayes : Councilmen Woo ds , Mile s , McLe ll a n, Ma rtin, Brownewell, qr aun , KreilinR . Nay s : None. Ab!=!ent : None. The Mavor dec l are d the mo ti on carrie d . The Ma y or calle d f or those fav oring the amendment to speak first. He asked that the Planning Di rector o r e se nt a summary of the provisions of the amendment t o the Council nn 0 those p resent. The Planning Director state d that in ma ny cases the desir a b i l ity of the annexation is dependent upon the use of t he land . This use ma y be desirable and requested by eithe r t h e party seeking ann exation or by the City considering and accept- ing annexation. He state d that tw o alte rna tives would be available to those seeking annexati on t o the City . The first would be to a n nex to the City then see k rezoning of the lan d from the R-lA zone to the zone which would permit the best use for the land . The second alternative as proposed in the or d inance , wo u l d allo w concurrent annexation and zoning by the pe- tit ions being subm itte d t o the Council t o b e referred to the City Attorney for le ga lity a nd l a ter or simult a neous ly referred to the Planning Com- mission for recomme n d ati on. £J pon r ece iot of the recommendation of the Planning Commission and o pini on o f the City Attorney a resolution is a d opte d by the Council a ccepting the pe tition of the area still outside of the City and not anne xed until a g r e eme nt on a ll factors up to this point . Then t h e a r ea is anne x e d to t h e Cit y wi th a simultaneous bill for an ordinance zoning t he l a nd be i n8 int ro duce d with the same provisions f or pub lic hearings a n d pub lic ation on b oth ordinances as presently exist. r. James P. Sm ith , of t h e Tem p le Rest Hom e , 3400 South Marion, stated tha t h e was interested in n. n ow sit e f or the r es t home outside of the City of En g lewoo d but conti guou s t o its City li ~its but has no assurance of the z oning wh ich woul c1 h e a llm:erl u nti l aft er annexat ion at the present time . He e n d orsed the a ~e n dme nt a n d r e q u ested the Clerk enter the reso- lution previously ""r ese n t e d to 't h e Co uncil at thi·s time into the minutes. He the n re ad the re s olut ion of the En g lewood Junior Chamber of Commerce as f ollows : "RS <:;')LUTION En g l e woo d J un i or Cham b er of Commerce -.hereas ; annexation an d prope r a nne xation l eg islation is necessary for c omm unity development and , Whe re as ; new improveme n ts I'or t he str eets , b usiness and residential a rea s canno t be a cc ornn li s he d without fin ancing through new tax sources an d n ew bu s i ness and , Jh e re as ; the re is a n e w t ax s our c e a v a i l~ble t h rough annexation of contigi ous prope rti es and , wb ereas ; it behooves u s ind i v i du a l l y as members of the community and collect i ve l y a s t he ·~nG lewoo d J uni or Chamb er of Commerce to be interes t c<i in t he c ommu nity dev el opment; 'rf"~REP J RE 138 rr ~E"'J ;)L V ~D t h a t t h e !~n r;lew oo d Jun i or Chamber of Commerce u b licly petit ion t he ~n g le w oo d Planning Commission, Englewood Clt v Co11n~il , an d c1tizcP s t o n ass le g islation on the proposed zoning ordinance ch a n g e as it pertai ns t o new a nnexation." r. Harry F leenor , 33 f 3 S o u t ~ Coro na , stated that anyone annexing to a c ity wo u l d like to kno w which zo ne t hey ~r e coming in to. the city as it mak es consi der ab le d i f f e re n ce in ec o n omic a l and reasonable use of the l a n d • .. 371 nutes of March 20 , 196 1 r . Nate S urt sooke that t h e propos ed ame n dm ent could do nothing to hurt the city as it wo u l d provi de for the same g uar ds for the citizens of nglewo od in addition to provi d i ng a mea ns for a review of a proposed annexation with re gar d to t h e us e of' tha t land bef'ore t he area is within the city and a commit t me n t mad e . He stat e d tha t the g rowth of Englewood's business d istrict h as not b een prog r ess ive and that if annexation or applic at ion of a new C-3 z one wou l d provide for additional tax base, lewoo d nee ds it . He referre d to recent construction in the downtown area as b eing verv l i mite d . The Mavor call r d inanc e . fo r tho~rn •. o 3od to the am e n dme nt of the Zoning Dr . Charles Ga y lor d , c o mments as he was no t a h hat t he City Counci l is F l o y d Avenue, o b jected to Mr. Burt's n the a re a a n d expressed the view spec ific inte r est at this time. rs . Ro bert w. Ev a n s , 3?35 S outh Hi gh Street , stated that annexations do no t affect sc h ool d i st rict and wo u l d no t he lp in provi d ing additional ax bas e . Councilman 8 ro~m e well vf f i rme d that anne xation into the City of Englewo o d d o es n o t c h a np e s c h ool d istrict b o undaries but such changes u st be made by a le g al p roc ess wi th oe rmiss ion of the school districts inv olved • • Ha rol d A. Feder stated t h a t wri t t en objections apparently mean nothing to the Council . He sp oke o r var i ous l e g al provisions of the Charter and of St ate S tatutes which , in h i s opinion would make the pro- osed amen dme nt il l e ~al . r s . t1 ruce Rockwell , 2099 East F'lo yd Pl a ce, asked of Mr. Smith why the Juni or Chamb er o f Commerce favors competi tion? Discussion ensu~d in whi ch it was brought out t ha t th e J uni or Chamber of Connnerce has no con- nec t ion with the Chambe r o f Commerce a nd that there is no proposal be- ore t h e Council wh ich woul d o ffer co n petition to any existing busine~s. r. William Ur b an , Jr ., p o int that Englewood 's polic coMmercial ize and industr ial ! ~nglew oo d desi r a ble i n tho c possible Glendale situat ion. 1 05 Dartmouth Circle, expressed the view- wit h r egard to g rowth in zoning is to e . He suggested that this route will make s of the City of De nver an d lead to a r . Wa l d o M. San derson , J26S Sou th Hi gh Street, stated that he ooposed t he amendme nt to the Zoning Or d i n ance. He stated that the C-3 zone seeme d t o be ve r y g oo d b u t t he timeliness was such that the entire moveme nt was suspect . He re nar k e o tha t long public hearings on this and other ma tters keeps the womenfolk away due t o the cost of providing baby- sitters . He s uggeste d t h at the more impo rtan t ite ms be handle d earlier in the eveni ng . r. Martin J . Deu t h , 22 01 ~ast F loyd Avenue, stated that the North- eas t Eng lewoo d Citizens Committee had s u bmitted two memoranda and dis- cussed one in connec ti on with the shopping center but the one dealing with concurrent z oning an d annexation sho u l d b e likewise considered by t h e Council . He state d th a t court c ase s have declared this action to be illegal and asked that an a r ea be all o wed to be zoned with the surround- ing area zoning in mind s o that the re is not a conflict. r . Alfr ed c . Coxe , J r., 31 40 S outh Hi gh S treet, spoke of the lack of c oo peration of the City with the Northeast En g lewood Citizens Committee . The Cit y Att orney st at e rl that he had g iv en ample opportunity to r. ¥eder to come to his office a nd d iscuss le gal p oints in the proposed ordinance. But he did not . He st a te o that it was his opinion as City ttorney th a t the proposed or d inance is legal and does not conflict with previous court c ase s or the c onstitut ion of the State of Colorado. Mr. Richa r d L . Eas on, 322 0 S outh Hi g h St reet, inquired as to the effect up on the reaueste d z o ni n g if the a nne x ation is contested. He referr ed to le g al provisions whe re by a court would h old an election within th e a r ea a n d determine the r esul ts of the election as favoring or not f a voring annexation . I f the n nnexat ion and zoning were con- current the effect wou ld b e t o have e c our t de termine zoning for a particular a r ea rat he r than t h e Ci t y Counci l. Discussion ensued. Mr. P eder reiterate d t ha t he had acted in ~oo d faith and had called Mr . E sch on the telephone re f erring t o the memorandum previously sub- mitted a n d off e rin~ conments in detai l. r. William Urban offered the po in t tha t a person in business for h imself is not able to meet during of f ice hours with a City Official t o di scuss ce r tain pha ~es o f propose d ordinances or other actions by a b o ard or City Counc il o f the Ci ty. · • Ro be rt c . Hoth , 2 1 90 ~ast Eas tman Avenue, discussed the possible an nexation situation whe re l a n d were a nnexed as R-1-A: stating that he I I I I I I Minute s of March 20, 1961 would not object to this but woul d o b ject t o annexation of land as connnercial . The Planning Di r ec t or exp l ai ne d the procedure of annexation and concurrent zoning to the effe ct that i n certain areas of the town to have an a r ea annexed as Residential R-1 to an existing industrial area would be just as unpopular as the examp l e g iven by Mr. Hoth where a commercia l area or indust r ial a r ea wou l d be a nnexed to the middle of a residential district . He emphasized that the residents surrounding and contigious to the pr oposed annexed a r ea woul d have a voice in the zoning which they do n o t at the pr esent time u ntil afte r annexation • • M. H. Pede r son , 3103 S outh Gay lor d Street, asked who wrote the proposed bill for c o ncur rent annexat ion? The Planning Director stated that many portions o f it had been t ak en from the Denver Zoning Ordinance but he a nd Mr . Exch worked o n it in c onnec t ion with Mr. Holland and other attorneys interested in the pr o pose d ame n dment. rs . Ur ban stated tha t she resented the timing of the amendments to the zoning or d inance and expressed t he viewpoint tha t if they were allowed to pass that this wo u l d be a fa u lt in t h e i r passage and would likely estab- lish that these ordinances were speci a l legislation and for specific parties . The May or c ormnente d that unt i l t h ere appears to be or a need may occur for an ordinance or anything else tha t it is not necessary to provide f or t hat cont ins:z:ency . Mr s . Br asswel l, 3313 S o uth Corona , as ke d if it were a false assumption that an o utsi de inte r est by itse l f was detriment a l to the City? • Edwin J . Nielson , 2 1 00 East Eastman Avenue, asked how many other cities are using these same meth o ds of a nn exation a nd zoning? The City Att orney r eplied that he knew th ~t b oth Boul de r a n d Greeley were using this metho d but tha t he had no t r eceived information from all the towns in Color ad o in this r egar d . Mr. Jac kson c . Tho de , 326 1 S outh Un i ve rsity Boulevard, stated that there were 240 homes in the Hampden Hil l s and ad joining areas representing an averag e of $6 1 00 0 .00 assessed val uat io n e a ch or a total of ~~1,4oo,oeo.oo tax base . He state d that any a n n exat ion i n their are a or any si milar area of land which i1o ul d be p ut t o a use detrimental to the tax evaluation woul d b e de trimental als o to the City . llr. Ed Puetz, stated that so .. of the land surroundin1 the City is in tbe county but being used as co ... rcial land for a long ti ... The llayor su1111arized the purpose of the public hearin1 and asked that tboae favorin1 the siaultaneoua annexation and zoning to stand. There were 6 persona. The llayor then asked those who did not favor the proposed a11end .. nt to stand. There were 71 persona indicating their opposition. COUlfCILllAlf BRAUN llOVBD, COUMCILllAN MARTIN SECONDED, THAT THE PUBLIC BEARING BB CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Council-a Wooda, lliles, llcLellan, Martin, Brownewell, Braun, JCr ,eiling. Nays: None. Absent: None. The llayor declared the aotion carried. COOlfCILllAN WOODS llOVED, COUNCILMAN BROWNEWELL SECONDED, THAT TllB PRO- POSED BILL BB INTRODUCED AlfD RBAD. Upon the call of the roll, the vote . resulted aa follows: Ayes: Council .. n Wooda, Miles, McLellan, Martin, Brownewell, Braun, Kreiling. Nays: None. Absent: None. Tbe llayor declared the aotion carried. Introduced as a bill by Coancil11&n Woods A BILL FOR AN OllDillAlfCE RBPBALING SECTION 7 OF ARTICLE I OF ORDINAJ«:E NO. 45, SDID OF 1955, AS AlllNDBD, OF THE ORDINANCES OF THE CITY OF ElfGLEWOOD, COLORADO, DOWN AS TllB "ZOlfllfG ORDllfAJ«:E OF THE CITY OF ElfGLEWOOD," AlfD SUBITl'JVrllfG TllBBBl'OR A lfB1f SECTION 7 RELATIVE TO THE ZONllfG OF ABBAS AlfDXBD TO SAID CITY. 373 374 Minute• of March 20, 1961 WlllllBAS, purauant to ordinance, the City Planning and Zoning Coaai••ion of tbe City of Bn1lewood, Colorado, bas duly held public bearing on a cer- tain propoaed a .. nd .. nt to Ordinance No. 45, Series of 1955, as a .. nded, of tbe ordinance• of tbe City of Bn1lewood, Colorado, known as tbe "Zoning Ordinance of tbe City of Bnslewood," and bas made recomaendation of tbe adoption of an ordinance eabodyins said amendaent : and, WBKaBAS, public notice baa been given of such proposed change in the 7.oains Ordinance by one publication in tbe Englewood Herald and Enterprise, a newapaper of 1eneral circulation within tbe City and tbe official news- paper of tbe City, at leaat fifteen (15) days before the public bearing on aucb cban1e in tbe Zonin1 Ordinance, a• required by ordinance; and, WlllllBAS, public bearin1 waa beld pursuant to the aforesaid notice by the City Council of tbe CJtJ of Bn1lewood in the Council Cbaabers of tbe City Ball, 3345 South Bannock Street, Bnslewood, Colorado, on the 20th day of llarcb, A.D. 1961, at the bour of 8:00 P.M., at which bearing 71 persons appeared to proteat or oppoae tbe propoaed change in the Zoning Ordinance: and, WlllllBAS, tbe public neceaaity, convenience, general welfare and good zonin1 practice• justify tbe propoaed a .. ndaent to the Zoning Ordinance a• hereinafter aet forth: ROW TBIUFoa&, Bl IT ORDAIDD BY THI CITY COUNCIL OF THE CITY OF IKGLIWOOD, COLORADO: Section l. Section 7 of Article I of Ordinance No. 45, Series of 1955, aa a .. nded, of tbe ordinance• of the City of Englewood, Colorado, known as tbe "Zonin1 Ordinance of tbe City of Bn1lewood," relative to tbe zoning of annexed areaa, 1• hereby repealed and the following section is hereby sub- atituted therefor: "Section 7 --ZOKllG OP AIOIDID ABBAS. ADJ area hereafter annexed to tbe City of Englewood, Colorado, aball i ... diately, upon auch annexation, be classified as an &-1-A --&eaidence Diatrict --(aubject to subsequent change and a .. nd .. nt, purauant to Article Ill of this ordinance), unl .. a in the cour•• of aucb annexation a different zoning claaaification for part, parta, or all of such area is set forth in tbe reaolution of tb• City Council accepting the petition for annexation of aucb area and established in tbe ordinance of tbe City Council approvin1 tbe annexation of aucb area, aa aucb 11&J be adopted bJ tbe City Council, in accordance witb tbe atatutea of tbe State of Colorado; provided that, every and &DJ aucb different zoning (other than R-1-A) accoapliabed bJ and included in such resclution and ordinance of annexation aball be in compliance with the followins procedure•, a• applicable: "(a) Ivery petition filed with, and favorably considered bJ tbe City Council, for annexation of territory to tbe City of Bn1lewood, Colorado, aball be referred by the City Council to tbe City Attorney, wbo aball proaptly prepare and subait to aaid City Council bia written report as to the legal sufficiency of aucb petition. In the event such petition is deterained to be le1&llJ sufficient, the City Attorn•1 shall tranaait to the City Plannins and Zoning Comaission such petition, all docu .. nt• accoapanying the same, and bis opinion relative thereto. "(b) The Council 11&J, in its discretion, submit any such petition for annexation to the City Attorney and the City Plannins and 7.onins Coaaiaaion for their concurrent consideration. "(c) Upon receipt of any such peition for annexation fro• tbe City Attorney, or upon directive fro• the City Council to consider such petition relative to tbe zoning provisions thereof, tbe City Plannins and Zoning Comaission shall exaaine tbe sa .. without unnecesaary delay, and within a reasonable ti .. after due consideration thereof and public bearing thereon, aball prepare and tranaait to the City Council a written report containin1 its reco ... ndations to the City Council a• to tbe zonin1 claaaification or classifications of tbe land area• included in aucb petition and tbe City Planning and Zoning Coaaisaion'a reco ... ndationa as to any other feature• of land uae coverins the seneral vicinity of such territory. Tbe reco ... ndationa of tbe City Plannin1 and Zoning Collllission aball not be bindins on tbe City Council; provided, however, that no r .. olution acceptins a petition for annexation aball be adopted bJ tbe City Council wherein the petitioners request zonig1 claaaification other tban R-1-A --Residence District unless the aa .. aball have been first subaitted to tbe City Plannin1 and Zonin1 co .. iaaion for its exaaination and reco ... ndationa aa herein aet forth. I I I ' I I I I Minutes of llarcb 20, 1961 "(d) Every ordinance approving and completing (but not r .. olution• acceptin1 petition• for) annexation of territory to tbe City of BD1lewood which specifically provides for zonin1 of any part of the land involved to a use classification other than 1-1-A --Re•idence District --shall be fully subject to the provi•ions of the 'Zoning Ordinance of the City of Bn1lewood' relative to public notice (Subsection 62 ot Section 5 of Article I) and those relative to protest by adjacent owner• (Subeection 4 of Section 3 of Article III), includin1 the require .. nt of a higher fraction of favorable vot .. of the City Council. "(•) Tbe City Council •J, but need not accept any annexation petition which requints, as a condition pr41cedent to tbe effective .. •• of tbe annexation, that part, par~s or all of the land area included in said petition be zoned under one or more ume di•trict, cla••ifications, as specified by tbe •i1ner or •i1nera of the petition, other than R-1-A -- le•idence Di•trict. lver1 •ucb petition which includes or i• accoapani•• bJ •ucb a require .. nt constituting a condition precedent to the con•ent of tbe petitioner or petitioners •ball be •ubject to tbe following: "(l) If tbe CitJ Council •hall accept such petition, the acceptance resolution adopted shall set forth tbe zonin1 plan requested by the petitioner or petitioners a• to tbe area proposed to be annexed, or part or parts thereof, describing sa .. as the area or area• coapriaed within said petition will be zoned if tbe annexation is coapleted. "(2) Thereafter, if the City Council shall proceed to con•ider a bill for an ordinance and an ordinance approvin1 and coapleting the annexation, •-•~.bill for an ordinance and ordinances shall, if adopted bJ tbe CitJ Council, contain and establish tbe identical zonin1 use classifications of part, parts, or all of tbe area being annexed, as requested by . tbe petitioner or petitioners and as set forth in the acceptance resolution." Section 2. Tbe CitJ Council hereby finds, deteraines and declares that the 1 ... aiate a .. nd .. nt of Ordinance No. 45, Series of 1955, as a .. nded, of tbe ordinances of the CitJ -f Bn1lewood, Color ado, known as \be "Zoning Ordiaa.Oe of the CitJ of Bn1l.-OOd," to provide for a coabined procedure for annexation and zonin1 of areas annexed to the City of Englewood, is nec .. •ar1 for tbe preservation of public property, health, peace and safety, and that an e .. r1ency exists and thi• ordinance shall take effect upon paa•a1e. Pa8aed on First Readin1 bJ tbe City Council of the City of Englewood, Colorado, tbia 20tb day of March, A.D. 1961, and ordered published in full in tbe 1D1lewood Herald and Bnterpriae. a~._ e.. ~4_L~ · _,_ ATl'SST: -v --ll&yor} ~ ... read for tbe f irat COUil:ILllAX WOODS llOVID, COlJK:ILllAN BROWNDELL SICONDBD, THAT TBB PllOPOSm> BILL BB PASSBD OK l'IUT UADING AND PUBLISHED IR FULL IN TRI SELnOOD llBllALD AJO> B1'TDPBl8S. coo.:ILllAK Bl.AUK llOVBD, THAT THE ORDINAlfCE BE AllEMDBD BY STRIKING TllBllD'ROll "A1'D ORDilfAll:I" l'BOll SllCTION l (e) (2) IN TllB FOURTH LID OP THAT SUB PAllAGllAPB. Diacua•ion en•ued. The llayor declared the 11e>tion to amend lest for want of a second due to tbe City Attorney'• explanation of tbe wording. Upon tbe call of tbe roll, tbe vote resulted as follows: Aye•: Council .. n Wood8, Miles, llcLellan, Martin, Brownewell, Braun, Kreilin1. Kaya : Kone. Abe•t: :lone. 375 316 Minutes of Marcb 20, 1981 Tbe Ma1or declared tbe motion carried. Coaacil ... a llcLellaa spoke of tbe a .. d for tbi• ordinance and atated that if and wlm there 1• a propo•al for annexation and concurrent zoaiDI under tbla a .. nd .. at be would be w1111DI to talk wltb tbe reaideat• and others concerned in that particu- lar annexation and zonln1 and would vote as be sees fit and tell bis fellow Couacil .. a and citizen• tbe reason for bis vote. Tbe Ma1or ezpr••••d bl• appreciation to those wbo attended tbe two public bearia19 and co .. aded tb•• upon the order of the bearings. UCISS COUEILllAJf BllAUlf llOVKD, COUIEILllAM IELBLLAM SBCOlfDBD, THAT TBB DBTIRG u ucasm> FOR TBI PU&POIS OF U'nJ&JUllG TO TBB CITY BALL AT WRICH TillB IT WOULD &mc01'VSX.. Upon tbe call of tbe roll, the vote resulted as follow•: A1••: Couac11 .. a Wooda, Miles, llcLellan, llartin, Browaewell, Braun, 1Creilla1. •1•: None. Abeeat: None. Tbe Ma1or declared tbe motion carried and the Council in recess at 12:00 aiclal1bt. CALL TO ORDBR Tbe M&1or called tbe Council to order with the following .. abera present: Couacil .. a Braun, Browaewell, llartin, llcLellan, Miles, Woods, Kreilia1. Tb• Ma1or declared a quoru• present. COUEILllAJI B&OWlfDBLL llOVBD, COUlfCILllAM BRAUM SS::OBDBD, THAT TBB COUMCIL DDIAD PaOll TBB ORDD OP BU811fB88 AS SBT FORTH BY THE AGBIDA Aim ACT OILY Oii 'IW>IS ITDS WRICH llUST BS TADN CARB OF AT A RBGULAB llBBTilfG OP TBB COUEIL. Upon tbe call of tbe roll, the vote resulted as follows: A1e•: Couacil .. a Wooda, Miles, llcLellan, llartin, Brownewell, Braun, Kreilin1. Na1•: None. Abeeat: None. Tb• Ma1or declared the motion carried. 811-48 AUDIT FOR LAST RALF OF 1980 Tbe Cit1 Maaa1er reported that the rep~••entatives of tbe auditing fir• were pr .. eat earlier in tbe .. etin1 but bad left at tbis late bour. COUJEILllAN BllAUJf llOVD, coo.:ILllAN B&OllfBWBLL SBCORDBD, THAT TBB CITY COUEIL UCSIVS TBI AUDIT.IQll TBI SICOJID BALI' OF 1960 PUPABBD BY TBI WALTD B. BBIDD C<*PAJIY/tllKT UPUSDTATIVBS OF TRIS COllPAlfY BB UQUISTBD TO DST WITH TBI COU.:IL TO DIICU88 TRB AUDIT AT TRB COU.:IL'S JIBXT llBBTI1'G. Upon tbe call of tbe roll, tbe vote resulted as follows: A1 .. : Couacil .. n Woods, Miles, llcLellaa, llartin, Brownewell, Braun, Kr•ilia1. Na1•: None. Abeent: None. Tbe Ma1or declared tbe motion carried. Tbe Cit1 Maaa1er reported that llr. Xlockner bad lill9wise been present earlier la tbe eveain1 but bad left the .. eting and the Council postpone consideration of tbe ... tter of West Union Avenue. 811-44 APPLICATION FOil 3.2 BID LICllfSB BY BlfGLDOOD LAMBS Tbe Cit1 Clerk read an apflication for a 3.2 Beer License subaitted b1 llr. Laverne Cor ... a, Preaideat, Ba1lewood Lanes, lac. dba Ba1lewood L&aea at 4185 South Broadwa1, Sa1lewood. lie stated that tbe application appeared to be in order and wa• received in bi• office on March 8, 1981. COUEILllAN WO<l>8 llOVKD, C~ILllAM MILES SBCOlfDBD, THAT A PUBLIC BIARllfG ON TD APPLICATIOll FOR A UTAIL FDDNTBD llALT 8BVDAGB LICDSB POR SAi& OF 3.2 em OILY n TRI lltGLD()(I) LAlfB8, INC., 4185 SOUTH BROADWAY BB SBT FOR 8:00 P.M. ON MOBAY, APRIL 17TR Al'TIR TRB PRBMISBS ARB PROPBaLY P08TBD ARD TD APPLICANT llVDTIGATD BY TBI POLICB DBPARTllBlfT. Upon tbe call of tbe roll, tbe vote re•ulted a• follows: I I I I ,, I I I Minutes of llarch 20, 1961 Ayes: Coancil .. n Woode, lliles, llcLellan, llartin, Brownewell, Braun, Kreilin1. Kays: Mone. Absent: None. Tbe llayor declared the motion carried. 611-47 RBSIGRATI01' OF PBTBICK FROll PUBLIC LIBRARY BOARD COUEILllAJf Bit.AUii llOV&D, COUJl:ILllAN WOODS SICOMDBD, THAT TRI IBSIGRATIOlf OP •• ALBDT B. PBTBICK RCll Tiii PUBLIC LIBRARY BOARD BB Jm:BIVBD Alm THAT TBB llAY<a BB DIIUCTBD TO DITS A LBTTD TO llR. PBTRICK BXP8B8811'G TBB CITf '8 APPRBCIATI01' POR Bii ISRVICB. Upon the call of the roll, the vote reaulted aa follow•: Ayes: Council .. n Woodll, lliles, llcLellan, llartin, Brownewell, Braun, Kreilin1. lfaya : None. Abeent: None. Tbe llayor declared the motion carried. 611-4 PBOCBBDllfGS OF BOAaD OP ADJUSTllBRT Alm APPEALS SB88IOX OF llABCB 8, 1961 Tbe llayor asked that the llinutea be accepted and placed on file. 611-6 611-3 PaocBm>IlfG8 OF ~ITY PLADIRG AND ZOlfllfG COllllISSIOlf SBSSIOX OF llAICB 9, 1961 Tbe llayor aaked t~at tbe ainutes be accepted and placed on file. ·&OCBBDIXG8 OF PA&D ARD IUCRBATIOlf COUll:IL llBBTIXG OF llABCB 8, 1961 Tbe llayor aaked that tbe ainutea be accepted and placed on file. 611-5 PROCBBDl1'G8 OP BOUD OP CAUD SDVICB COllllISSIORm llBBTilfG OF llUCB 15, 1961 Tbe llayor a•ked that tbe ainutes be accepted and placed on file. 611-17 PROCBBDING8 OP PUBLIC LIBltARY BOARD SBSSION OF llAICB 14, 1961 Tbe ll&yor asked that tbe ainutea be accepted and placed on file. 611-15 PROCBBDIRG8 OF WATBB ARD snn BOARD llBBTIRG OF llABCB 13, 1961 Tbe llayor asked that tbe ainutes be accepted and placed on file. Tbe City ll&na1er •u11e•ted that the ... tters dealiDI with the quarterly billing be laid over •o that di•cu••ion on tbe 11&tter could be held. 611-49 Appoint .. nt of lleaber for SteeriDI co .. ittee OD Colorado Water ConaerYatlon BOard COUEILllA1' BllAUlf llOVSD, COUJl:ILllAlf BROIDWBLL SICOllDm>, THAT II. O. SBIVBU, JI. B• APPOIRTBD TO IDV• Al A lllllBD ON TBB PaoPOlm> STBDI1'G COlllllTTD TO ASSIST TD COLQUDO WATD COR8DVATI01' BOUD IX llATTB88 llBLAT- lllG TO TD SOUTH PLATTB llV&a BAIIlf IUTDY ARD THAT AMY BXPBDBS IJl:UDBD ·BY D. 8BIVD8 IR TRIS RmABD B• llST PROM THB WATBR BOAllD C01'TI1'GBEY FURD. Upon the call of tbe roll, tbe vote resulted as follows: Ayea: Council .. n Woode, llilea, llcLellan, llartin, Brownewell, Braun, 1Creilin1. Nays: Rone. Abeent: Rone. Tbe llayor declared the motion carried. 611-50 Propo•ed Connector'• A1ree .. nt with Cherry Bill• Sanitation Association Tbe City Clerk read the followin1 recClllendation of the Bnglewood Water and sewer Board in full: "Tbat tbe City Council authorize ne1otiations for a Sewer Connec- tor'• Aareeaent with a non-profit sanitation association, probably to be known a• CherrJ Bill• Sanitation Association, for the treat- aent of aanitarJ ... a1e fro• the Cherry Hills Country Club and perbapa •Oll8 ho•• within the area." The CitJ ll&na1er diacuaaed ao .. of the aspects of the proposed agree- .. nt and cautioned asainat an a1ree .. nt with an association rather than a district aa the City ha• alwa1• done in the past. 377 ,378 Minute• of March 20, 1961 Couacil .. n Brownewell spoke of tentative arran1e .. nta. Council ... n llcLellan spoke of the need of the Cherry Hills representatives to indicate a willinsn••• to cooperate in enterin1 into a fair asree .. •t with the City of BD1lewood. a. discussed several incident• and areas where 1reater cooperation would be desirable. Council11&n Braun au11e•t•d tbat all tbe•• 11attera be nesotiated at one ti .. without co .. ittin1 the City of Baslewood on any of th••· Discussion ensued. Tbe City llaaa1er reainded the Council tbat the CitJ would be obli1ated to build at ao .. ti .. in the future a lar1er )i .. , perbape clear to tbe Sewa1e Treat .. nt Plant, in order to assure adequate service. Tbu• any a1reeaent entered in to should provide for future need and expansion as well as the present requireaents. COUICILllAJf BllAUJf llOVSD, COU.::ILllAJf WOODS SICOllDBD, THAT TBB WATBR AJO) SDD BOUD BB AUTBORIUD TO 11'TD IK TO MBGOTIATIOKS 1'08 A PBOP08BD AGllal1'T WITH TRI ClllllaY BILLS SAKITATIOJf ASSOCIATIOK. Upon tbe call of the roll, the vote resulted a• follows: AJe&: Council .. n Woods, Mile•, llcLellan, llartin, Browaewell, Braun, Kr•ilin1. Kays: Kone. Abeeat: Mone. Tbe llayor declared the motion carried. 611-51 Proposed Connector's A1 reeaent with South1ate Sanitation District Tbe City Clerk read the followin1 reco ... ndation of the Bn1lewood Water and Sewer Board: "Tbat the City Council authorize ne1otiations for a Sewer Connector~& Asr .... nt with tbe Southsat• Sanitation District, for the treat .. nt of aanitar, aewa1•, when for .. tion of said district is coapleted.~ Tbe CitJ Mana1er discussed the extent of the proposed district and expressed the aa .. warnin1• a• in the case of the Cherry Hilla Association as the district i• not orsanized and the coapletion of the hoaea propo•ed in the district would definit•lJ involve extension and expansion of the plant in the future. COUICILIL\lf Ba<JSXDILL MOVBD, COUICILMAM llARTIM SBCORDBD, THAT TBB WATBll Alll> snsa BOAllD ... AUTBCJalZBD TO DTBll 11"1'0 lfBGOTIATIOJfS BBLATI1'G TO A PaOPOID AGRIRMl1'T WITH TRI SOOTlliATK SA1'1TATI01' DISTRICT. Upon the call of the roll, tbe vote resulted a• follows: AJ•: Counc11 .. n Wooda, Mlle•, McLellan, Martin, Brownewell, Braun, Kreilin1. Jfays : None. Abeent: Mone. Tbe M&Jor declared the motion carried. Introduced as a bill by Council .. n llartin and Miles BY AUTHORITY 611-25 O&DIKAICB 110. 7, SBRIBS OF 1961 . AJf ORDI~B llDOlfI1'G TBI l'OLLOWllfG DBSCRIBBD PROPDTY FROM R-1-A (0 .. -FAlllLY ..SIDBKTIAL DIIT&ICT) CLASSIFICATION TO M-1 (LIGHT IlO>USTRY DISftlCT) CLASSIPICATIOll, To-WIT: BEIDIKG AT A POINT OJI TRI BAST LID OP TBI WBST BALI' OP TRI SOOTDAIT QUAaTD 01' Tiii MORTBIAST QUA&TD (Wi SBi Di) OP SE~ 8, TOWDHIP 5 IOUTB, RAIGB 68 WBST OF TD 8TH Pal!CIPAL mIDIAB, WHICH POlllT BQU SOUTH 89° 46' 40" WBST 659.4 l'DT A1'D KORTH OOo 01' 45" BAST 180.0 PDT nm TRI BAST QUAaTD CODD OP SAID SICTIOB 8, A10> ALSO OB TBB K<llTH LID OP TRI COLORADO CDTIAL POID COllPAIY'S 115 D RIGBT-01'-WAY; TH&a!B JfQaTH 00o 01' 45" BAST ALOBG TBB BAST LID OP TBB DST BALI' OP TRI SOUTB&AIT QUA&TD 01' TRI K<llTllBAST QUAaTBll (Wi SBi Di) OP lllD SICTIOlf 8, 888.2 PDT; TRllCI lfORTH 72° 17' 00" WBST 831.2 PDT; Tll&lEI lfORTH 00o 18' 30" IAIT 278.0 PBBT, llOJlB OR LBSS, TO A POllfT Oii TBB K<llTB LID OP TRI IOOTB&AIT QUAa~ OP TBB KORTBIAST QUARTBll cs•t Di) OP SAID SETIOJI 8; 'tBD:!B IOUTB 89 39' 30" WBST 840.8 FBBT, WRICH POIRT IS OJf TBB BORTB LID OP TBI SOOTBWBST QUAaTBR OF TBB KORTBIAST QUOTa cnt Di> OP IAID IE'flmf 8; WRICH POIJfT IS ALSO Oii TBB MSTDLY LID 01' SAID COLOL\DO CDTIAL POID COMPAJIY'S 115 KV RIGHT-OP-WAY; TRlll::B ~TB 19° 52' 15" WDT ALOIO IAID llGBT-OP-WAY 158.7 FBBT; TBlll::B NOBTH 17 54' 30" BAST ALOllG IAID alGBT-01'-WAJ 338.2 FBBT, llORB Oil LESS, WHICH POlllT IS Olf TBB APPaOllllAB CDTD LID OP SOOTH CLAY STllBBT; 1'11111::B SOUTH 34o 44' 00" WBIT ALORG IAID CBITD LID OP SOUTH CLAY STRDT 192.9 PUT, ... OR Laa; 'l'lll&:B ICJUTB 490 12' 30" WIST 308.8 •BBT ALOJIG TBB CDIM LID OP SOUTH CLAY ITlllT; TBllCB 80UTB 490 00' 20" WBST AL01'G SAID CDi'D LID fl' IOUTI CLAY ITlllT 249.5 PDT, llOU oa LISS, TO A POl1'T OJI TBB WBIT LID OI' TRI WCJaTBIBIT QUilTD or THI N<llTllBAST QUAllTBR <•t Di> OP SAID SETIOB 8, WHICH POlllT IS ALSO o• TBB CBllTBll LID OP SOUTH l'IDDAL BOULDAaD; TD&:B IOOTH ooo 02' 15" BAST ALOllG SAID WBST LID 01' TBB lf<JaTBWBST QUA&TD OI' TRI K<JaTDAST QUAaTD <•i Di> or SAID SETIOJI 8, 128.0 l'UT, ... oa Liii, TO TRI SOOTBWBST CO-OI' SAID •oaTBWBST QUA&TD OP TRI KOaTBIAIT QUAaTKR en! Di> OP SAID SBC'IW1' 8; TllBll:I C01'TI1'UllfG SOUTH 00o 02' 15" IAST ALOllG TRI WBST LID OP TBB I I I I Minutes of llarcb 20, 1961 SOUTllWUT QUARTO OP TBB lfORTHBAST QUARTO cswi Di> OF SAID SICTIOlf 8, A DllTAE• OP 1319. l PDT' WHICH POllfT IS TBB SOOTBWBST coam OF TRI IAID IOOTBIDT QUAllTD OP TRI KmtTllBAST QUARTO (S•i Di>' oa TRI ca-T-n- OF SAID llCTICll 8; TBDCB lf08TH 890 46' 40" BAST ALOlfG TRI SOUTH LID fa IAID IOOTBIDT lUAllTD OF TBI KOltTllBAST QUARTO (SWi Iii) OF SAID SICTl9 8, A DISTAJI:• fl 175 FUT; IWlt:B SOUTH 88 o 29' 54" BAST A DISTAEB OP 843.2 PSft, PLUS 08 llllfUS, TO A POllfT Olf THB WBST RIGHT-OF-WAY LID OP C<UJU.00 CDTaAL POia CmlPAn; TBDCB SOOTH 4.42 PUT; TBllCB KORTH 890 48' 41' BAST A DllTAIE• OP 1159.6 TO THI POllfT OF BBGIDllfG, ALL llf TBB c l'IT OF BllGLDOOD, AIAPAm>B comm, COLORADO. wu read for tbe aecoad ti•. COUll:l..U llAJlTIR MOVSD, COOll::ILllAlf Bl.AUX SJl:ORDBD, THAT <IU>lllAll::B •o. 7, sa111' OP 1981 ... PAllD OJI SICORD AlfD PllfAL RBADI1'G ARD PUBLISBD I• l'ULL I• TRI SELDOOD DIALD AID DTDPRISB. Upon tbe call of tbe roll, tbe •ote r .. ulted aa followa: AJe•: Couacil•a Woocla, 1111••, llcLellan, llartin, Brownewell, Braun, Krellla1. lfaya: lfone. Abeeat : Kon•. Tb• llayor declared tbe motion carried. Introduced as a bill bJ Counc1111&D Martin 811-28 BY AUTHORITY caDIRAll::B RO. 8, SBRIBS OP 1981 AK ORDllfAll::B llDSALlllG ORDIRAll::B 1'0. 8, SDIBS OF 1981, AID AllDDillG oaDlllAJl::B llO. 31, 1a1a OP 1957, AS AMDDBD, o:r TRI ORDIKAJl::BS OF TBB CITr fl SELDOOD, COLmADO, DOl1' AS THI "TRAFFIC OBDIKAll:B," BY DBSIG- llATllO ALL OF TBAT POaTIOK OP SOUTH PBDDAL BOOL9YABD ARD ALL OP THAT PO&TIOK OF IOUI& UDYDllTI' BCXJLEVAJlD LYllfG WITBllf TBB LIMITD OP TRI CITY OP SELftOOD, C<UJU.00, AS "ARTBRIAL STRBBTS" URDD SUB-SICTIOR (a) o:r SICTIOR 120.3.l "'SAID OUI1'A11CB, AID BY DBLBTIJIG SOCB PORTIOI' OF SOOTH uxnm1TY BOULSYAU (AYmnJB) ROM SUB-SICTION (c) OF SBCTIOlf 120.3.1 OP SAID OBDIKAll::B , AJll) BY DSllGllATIJm ALL o:r THAT PORTION OF STATB HIGHWAY 1'0. 87 o• SOOTH B&CMDIAY LYl1'G WITHl1' THI LIMITS OF TBB CITY OP BKGLBWOOD, COLORADO, AS "TlmOUGllWAYS" UlU>D SUB-SICTION (c) OF SECTION 120.3.1 OP SAID ORDIKAllCB. waa read for tbe aecoad ti•. COUJl::ILllAlf ll:LBLLAX llOVBD, Cotm:ILllAlf MILBS SBCOIDBD, THAT ORDllfAll::B KO. 8, 1a1a OP 1981 BB PASSBD 01' SIC01'D ARD FIKAL UADIE AJO) PUBLISDD IR PULL llf TBB BJIGLDOOD lmRALD A1'D BRTBllPRISB. Upon tbe call of tbe roll, tbe •ote reaulted a• follow•: Ayea: Council•n Wooda, Miles, llcLellan, llartin, Brownewell, Braun, Xreilin1. lfays : Rone • Ament: Rone. Tbe llayor declared tbe motion carried. 811-54 LBTTD TO COLORADO CBlfTaAL POWBR COllPARY RBLATIIfG TO WATER SBRVICB TO COMPAMY PROPBRTY Tb• 11&1or read bl• letter to tbe Colorado Central Power Coapany, pre- pared by tbe City Attorney, dated llarcb 21, 1961 in full as follows: "CITY OF BlfGLBWOOD P. O. Box 178 Sn1lnood, Colorado llarcb 21, 1961 Colorado Central Power Coapany 3470 So. Broadw&J ._.ftood, Colorado Attention: llr. Lee Jone•, Vice-President Gentle•n:. ID further conaid .. ation of 1our executing an ease .. nt a1ree .. nt for a certain water line of tbe City of Ba1lewood, tbrougb tbe hereinafter 379 Minute• of March 20, 1961 de8cr1bed real property, the City of Enslewood, by its City Council,at the resular ••••ion of March 20, 1961, bas authorized 11e to assure 1ou that the •aid CitJ of Bn1l .. ood hereb)' a1rees to and will furnish water service to •aid land upon the condition that the said land shall be within an or1anized water di•trict. Tbe •aid land and real eetate to which reference is hereb)' .. de, across wbich tbe ...... at for the water line of the CitJ of Bn1lewood will ran, and to wbich the CitJ will furni•h water service when it is included within an orsanized water district, is deecribed as follows: A certain part of Section 5, Township 5 South, Ban1e 68 West, more partlcularlJ de•cribed as: Be1innins at the Bast Quarter corner of •aid Section 5; runnins thence West 458.45 feet; thence 1'ortb 100 10' Bast 622.0 feet;thence Borth 100 06' 30" Baet 1308.3 feet; tbence 1'orth 89° 11' 30" We•t 554.7 feet; thence Korth 35.8 feet; thence Korth 660 38' West 501.08 feet; thence South 590.0 feet; thence West 302.0 feet to theBast line of South ClaJ Street; thence SoutherlJ and followin1 the la•t line of South ClaJ Street to the MortberlJ ri1bt-of-way line of the D. • a.G. Railroad right-of-way; thence BasterlJ and SoutberlJ alon1 •aid risht-of-way line to a point which i• 123 f .. t llortb of the South line of the Korthea•t 9'1arter of the llortbea•t Quarter of the Southeast Quarter <nt ni SBi> of •aid Section 5; thence -.st 573.5 feet; thence Korth 533.55 feet to tbe point of be1innin1; containin1 56.6 acre•, more or i ... , Arapahoe Count7, Colorado. /s/ JCK/e•~ Ver1 trulJ 1ours, CITY OP DGLBWOOD, COLOR.ADO John c. Kreilin1 Ma1or Tb• Ma1or a•ked that be be authorized to si1n the letter on beb&lf of tbe CitJ. COUICILllAlf BaAUJf llOVKD, COUll::ILllAK BROIRBWBLL SS::01'DBD, THAT TBB llAY<ll B• AUTBORIUD TO llGW TD U1'1'D TO TBB COLORADO CDTIAL POID COMPAi!, DATED llUCB 21, 1981, am.ATl1'G TO SDVICB OF WATD TO THAT C<llPAIY mmn C .. TAI• COJO>ITIORB. Upon the call of the roll, the vote r••ulted as follows: AJ•s: Council .. n Woods, Miles, llcLellan, Martin, Brownewell, Braun, Kreilin1. KaJs: 1'one. Ament: lfone. Tb• Ma1or declared tbe motion carried. 811-52 VACATIOR OF AM ALLEY F<ll THE PURPOSE OF SJX:URIRG STBEBT RIGHT-OF-WAY Tbe CitJ Attorne1 reported that the owners of Lot 14, Block 2, Yea1er's Sub-Division of Verona Place Block 4 bad a1reed to 1rant street ri1ht-of-wa1 nece••arJ for the iaprove11ent of the 3500 block South Downin1 if the alley waa vacated. He asked that a proposed bill be passed. Introduced as a bill bJ Councilman Braun A BILL FOR AK ORDllfAll::B VACATlllG THAT CDTAIM ALLBY ADJACBlfT ARD SOUTH OF LOT 14, BLOCK 2, YBAGD8 SUBDIVISIOK OP VBROKA PLACB, BLOCK 4, ARAPABOB COUlrI'Y, COLORADO. BB IT ORDA lllBD BY TBB CITY COUii:: IL OP THE CITY OF BRGLDOOD, COLORADO: Section 1. Tbe hereinafter described property located, in the City of 1n11 .. ooa, Arapaboe Count7, Colorado, be and hereby is declared vacated, pur•uant to the provisions of SecU.on 13, Article 1, Chapter 120, Colorado Reviaed Statute• 1953, and title thereto shall vest in the owners of abatt- iDI land, a• provided in:·aaid Chapter 120; said vacated land being parti- cularly deecribed a• follow•: That certain alley lyins South of and adjoining Lot 14, Block 2, Yea1era Subdivision of Verona Place, Block 4, Arapahoe Count1, Colorado. Section 2. Tb• herein above described land is located entirelJ with- in the City of Bn1l .. ood, Colorado, and doe• not constitute a boundarJ line between the CitJ of Bn1l .. ood and any other count1 or other munlcipalitJ. I I I I I I Minutes of llarcb 20, 1961 Section 3. The vacation of tbe bereinabove described alley will not lea•• &DJ adjoinin1 land without an established public road connectin1 said land with another eetabliebed public road. Section 4. Tb• City of Bn1lewood does hereby expressly reserve tbe ri1bte-ot-wa1 or eaee .. nt• for tbe continued use of existing sewer, 1a•, water, or •ia1lar pipe lines and appurtenances, •nd for ditches or canal• and appurtenance•, and for electric, telephone, and similar lines and appurtenance•, if any, now located in the bereinabove described p«rt of Bn11 .. ood. Paaeed on First Beadin1 by tbe City Council of tbe City of BD1lewood, Colorado, tbi• 20th daJ of llarcb, A.D. 1961, and ordered published in full in tbe Sa11 .. ood Herald and Bnterprise. ATl'BST: f - waa read for tbe first COUJl:ILllAX BllAUK llOVBD, coo.:ILllAN WOODS SlfCOlfDBD, THAT TBB PBOPOSBD BILL BB PAllD OK PIUT UADIKG AID ORDERED PUBLISBBD llf FULL llf TBB BllGLBWOOD BmlALD AID mn'mtPRISB. Upon tbe call of tbe roll, tbe vote re11ulted a• follow•: AJ .. : Couacil .. n Woods, llilea, llcLellan, llartin, Brownewell, Braun, Kreilin1. 1'&J• : 1'one. Ableat: 1'one. Tb• lla1or declared tbe motion carried. Tb• CitJ llana1er •u1188ted that tbe consideration of tbe portion of an all•J near w .. t llaseau Avenue and South Box Street be laid over to tbe next Council .. etin1. SUIT BY 4980, llfC. RBLATl1'G TO TRAILER COURT BXPAlfSIOlf Tbe City Attorney reported that the City bad been sued in District Court 1'o. 14300 by tbe 4980, Inc. on the grounds that tbe zoning ordinance pertainin1 to expanaion of trailer courts was unconstitutional. Re asked perlli••ion to defend tbe City in this suit. COUJl:ILllAJI lllLB8 llOVBD, COU.:ILllAlf MARTIN SlfCOlfDBD, THAT TBB CITY ATTCam BB AUTllOlllZBD TO AlfSWBB ON BBRALF OP THE CITY TO DISTRICT coon CASS KO. 14300. Upon the call of the roll, the vote resulted as follows: Ay .. : Council .. n Woods, Miles, llcLellan, Martin, Brownewell, Braun, Kreiling. Kar•: 1'one. Abaent: Kone. Tbe llayor declared tbe motion carried ~. ULATllG TO DILllfQUIMT LIBRARY FllfBS AlfD PAYllDTS Tbe CitJ Attorne7 reported that be bad entered suit under State Statute a1ainat three of the woret offenders in an atteapt to clear up a bad situation witb re1ard to these delinquencies. Be stated that be would prepare a bill for an ordinance so that these offenders could be brou1bt into llunicipal Court rather than Justice of tbe Peace Court and tbe City could aecure tbe revenue. COUJl:ILllAJI llAaTIK llOVBD, coo.:ILllAlf WOODS SlfCOlfDBD, THAT TBB ACTIOK OP TD CITr ATTCam IR BaI1'GI1'G TBB DKLI1'QUB1'T LIBRARY CARD USBU I1"1'0 JUSTICE OP TllB P&ACB couaT BB APPROVBD. Upon the call of the roll, the vote resulted as follow•: AJ88: Counc11 .. n Woods, lliles, llcLellan, llartin, Brownewell, Braun, Kreilin1. Kaya: Kone. Ablent: Kone. Tbe 11&1or declared tbe motion carried. 381 Minutes of llarcb 20, 1961 CITY A1TORNEY VACATION Tbe City Attorney stated that be planned on taking bis vacation the lut wMk of April and the first week of llay. Be said that be bad •de arran .... nt• with llr. Willia• Myrick, Deputy City Attorney, to be avail- able durin1 tbat period. COUltC ILllAK EI.BIJ.A1' MOVBD, COUNC ILllAN BROINBWBLL SBC01'DBD, THAT THB CITY COUJl:IL APPROY• TBI CITY ATTORNEY'S VACATION AMI> TBB SUGGBSTBD RB- PLAC.-T OP WILLIAll llYRICK THE DEPUTY CITY ATTOIUfBY, SDVB Ill BIS CAPACITY DUa11'G BIS ABSSJl::B. Upon the call of the roll, the vote resulted aa follow•: AJ••: Council-a Woods, lliles, llcLellan, Martin, Brownewell, Braun, 1Creilin1. lfay•: Rone. Ament: llone. Tb• llayor declared the 110tion carried. 611-35 TUASUUR'S UPORT FOR TBB 1101'Tll OP PIBRUARY, 1961 Tb• City Treaaurer diacuaaed the report and answered questions on it. Tb• Mayor aaked that the report be received and placed on file. 811-27 BEUllBltAE• OP UlfAPPROPRIATBD SUltPLUSBS TO llBBT SALARY IERBASBS Tb• CitJ llana1•r aubllitted a schedule of a110unts necessary to .. et tbe reviaed aalarJ acbedule and pay increases authorized by the City Council heretofore. COUltCILllAlf ELBLLAll llOVBD, COUNCILMAN BROllll1flLL SICOJO>ID, THAT Ill C01'8SQUSJCB OP A llBVISBD SALARY SCllBDULE AND A NEW CLASSIPICATI01' PLA1' APPaOYSD BY COU.::IL llBRBTOl'ORB, UNAPPROPRIATBD SURPLUS 11' TBS Gm&AL nJID U •EUllBaBD 11' A TOTAL AllOU1'T OP $27,380.00 TO BB DISTBIBUTD TO TD POLLOWIIG BUDGBT ACCOU1'TS: 130.01 140.01 210.01 310.01 410.01 510.01 520.01 530.01 810.01 820.01 710.01 720.01 810.01 820.01 910.01 1010.01 1020.01 1110.01 1310.01 Total $ 900.00 250.00 100.00 470.00 950.00 1,890.00 2,830.00 600.00 480.00 5,300.00 800.00 8,000.00 575.00 525.00 1,180.00 375.00 475.00 1,500.00 400.00 $ 27,380.00 Unappropriated Surplua in the Water Fund be encuabered in a total a110unt of $8,570.00 to be diatributed to the following bud1et accounts: 2010.01 2020.01 2040.01 2050.01 Total $ 2,065.00 1,925.00 1,945.00 835.00 --~~~00 and tbat Unappropriated Surplus in the Sewage Disposal Plant Fund be en- cullbered in a total a110unt of $1,760.00 to be distributed to the follow- ins budset account•: 2510.01 2520.01 Total $ 405.00 1,355.00 $ r,760.oo Upon tbe call of tbe roll, the vote resulted as follows: Ayes: Council .. n Woode, lliles, llcLellan, llartin, Brownewell, Braun, Kreilin1. Maya: lfone. Abeent: llone. Tb• lla7or declared the 110tion carried. I I I I I I I I · Minutes of llarcb 20, 1961 UlfBWAL OF PIU SBRVICE AGREEMENT WITH MARTIN COllPAlfY Tbe City Mana1er explained the proposed agreeaent which would renew or extend the exiatin1 fire service agree .. nt with the llartA• Coapany. lie reco ... nded it• adoption. COUEILllAlf llARTllf llOVBD, COUll::ILMAN BRAUN SB::ONDED, THAT THI llAY<ll AlO> TBI CITY CLDK B• AUTllORIZBD TO SIGN AN AGRBBllBNT Olf BBHALP OP TBB Cl'IT OF KBGLBWOOD WITH TBB llARTIN COIPANY TO PROVIDE PIU SBRVICE FOR THAT CCllPARY. Upon the call of the roll, the vote resulted as follows: Ayes: Council .. n Woods, lliles, McLellan, llartin, Brownewell, Braun, Kreiling. Raya: Rone. Abeent: lfone. Tbe llayor declared the 110tion carried. ULATIRG TO LITl'LB DRY CREEK BRIDGE ON SOUTH CLAaKSON STBBET The City Mana1•r reported that be bad received a co .. unication fro• tbe Mayor of Cherry Billa Villa1e offering to spend an aaount of $2,500.00 of tbat municipality'• .,nie• toward a new bridge at Little Dry Creek or an aaount of $1,500.00 tor repairing and redeckin1 the preaent bridge. Council11&n llcLellan au11••ted tbat tbe City of En1lewood 11&intain KD1lewood'• balf of South ClarlUlon Street only. Discuaaioa ensued. Tbe llayor asked tbat the letter fro• Mayor Davison of Cherry Bills Villa1e be received and placed on tile. CITY llANAGBR VACATION Tbe City llanager reported that be planned to take two weeka of llay includin1 the tirst few days of June. $100.00 per 110ntb in addition to the re1ular salary be peraon actillg aa 11ana1er in bis absence. a vacation the last Be suggested tbat allowed to the COUEILllAlf IELBLLAlf llOVBD, cou.::ILllAN lllLIS SB::ONDBD, THAT THI CITY llAMGD'S UQUDT POR VACATIOlf BE APPROVED AND THAT PAY IN THE AllOUNT OF $100.00 BB GllAlfTBD TO TBB ACTING llANAGBR POR THI TlllE WBBlf TBB CITY llAlfAGBR 18 Olf VACATIOlf. Upon the call of the roll, the vote reaalted as follows: Ayea: Council .. n Woods, Miles, llcLellan, llartin, Brownewell, Braun, Kreilin1. 1'aJ• : lfone . Ament: Mone. Tb• llayor declared the 11e>tion carried. RBCESS COU.:ILllAJf llARTllf llOVBD, COOK:ILllAN BRAUN SB::OllDBD, THAT TBB CITY COOll:IL ucas TO TBB CITY COU.::IL CBAllBERS AT 8:00 P.11. Olf llO:tmAY, llA9CB 27, 1981. Upon the call of the roll, the vote resulted as follows: AJ••: Council .. n Woode, Miles, llcLellan, Martin, Brownewell, Braun, Kreilin1. 1'ays : lfone. Ament: N0 ne. The llayor declared tbe .. etin1 recessed until 8:00 P.11., Monday, llarcb 27, 1981 tor tbe purpoee of reconvening for a public bearln1 on tbe proposed paYiDI iaprove .. nt for 1961, and consideration of other items laid over fro• this .. etin1. Councilman Woods stated that be would not be present for that meeting but favors i•prove .. nt of all the streets as tentatively established for tbe diatrict. The ... tin1 recessed at 1:18 A.M., Tuesday, llarcb 21st. /s/ B. o. Beausang, City Clerk Clerk of the Council Tbe ainutea of the .. eting of the City Council of the City of Englewood, Colorado, held on the 20th day of llarch, 1961 A.D. stand approved as corrected this 3rd day of April, 1961 A.D. 383