Loading...
HomeMy WebLinkAbout1961-06-19 (Regular) Meeting MinutesRIOULAR MBB'l'INO: KNOLBWOOD HIGH SCHOOL CITY OP BNOLEWOOD, COLORADO JUD 19, 1961 The City Council or the City or Englewood, Arapahoe County, Colorado, met 1n regular ••••ion on Monday, June 19, 1961, in the Englewood High School Field Bouae, 38oo South Logan Street, Bnglewood, at the hour or SJ,00 P.M. Mayor ICreiling presiding called the meeting to order and the invocation waa given by the Reverend JPrederick Hahn or the Immanuel Lutheran Church. 'ftle Mayor aaked ror roll call. Upon the call of the roll, the following persona were preaen t: Council•n: Braun, Brownewell, Martin, McLellan, Miles, Woods, Kreiling. Alao :Preaent: City Manager Rudd, City Attorney Each, Planning Director Munns, City Clerk Beauaang. Absent: None. The Mayor declared a quorum present. 611-18 PUBLIC HBARINO ON PROPOSED ZONING OF KLZ SITE Mayor ICreiling set forth the procedures for conducting the hearing; presenta- tion by proponents, presentation by opponents; then rebuttal by both sidea. COUNCIUUN BROWMBWBLL MOVBD, COUNCIIMAN McLELLAN SECONDED, THAT THE HBARIHO BB OPBl&D. Upon the call or the roll, the vote resulted as follows: Ayea: Council•n Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling. Haya: None. Absent: None • The Mayor declared the motion carried. 'ftle City Manager gave a short history or the events leading to the public hearing. The Plannins Director apoke briefly setting forth that the ravorable C-3 zoning approval by the Planning Comllliaaion was the result or each •mber•s study .and belief in the ... tter. Re denied a117 diaaenaion between the Planning Commission and h1m- aelt. He stated that the Planning Coanission had viewed the written opinion on the .. tter from hi• and baaed their decision upon it aa well aa all the other ... ter1al tiled with them in thia natter. Mr. Gerri Von Prellick, developer ot the KLZ site spoke for the proposed zoning and the plane to build Cinderella City Shopping Center. Re outlined the plana tor the proposed shopping center with the aid ot drawings and alidea. He anawered or c0111ented upon the various obJectiona raised to the ahopping center. (A copy or hie atate•nt waa tiled with the City .~Clerk.) Mr. L. J. C~ton, co-author with Stewart F. Schweizer, ot the study, T!s?!ot 5)f_ lb! ~-ed II& Sho,D1ft Center ~ Bua1neaa in Enclew09d, releaaed in J'i'bruary~ 1, apoke 0 ha report irurcorrected ao• erroneous views taken from the report. Be atated that throughout hia report he had been given a tree hand to proceed independently in conducting hia atudy and survey from any source ot pertinent data available. (A copy or Mr. Crampton'• state•nt tiled with the City Clerk.) Mr. Sonny Perkina, Engineer, Meurer-Serafini-Meurer, 1815 Pederal Boulevard, explained the plana tor trattlc control ot care and tracks at Cinderella City. Re alao outlined the propoaed drainage plan tor the site which would divert the waters into Little Dry Creek. lie atated that such diversion would only add • to the average tlow 1n Little Dry C"9ek. Mr. Alex B. Holland, •llber or Holland and Hart, Attorneys, represent~ Mr. Von Prell1ck and KLZ, spoke or the .. tter or zoning the area and discuaaed "zoning integrity". He reviewed the hiatory or the use and development ot the XLZ site and surrounding area. He diacuaaed the land use along Hampden and other com.rcial activities 1n the area. 479 llinutea or June 19, 1961 He emph&aised that the beat uae tor the KLZ site is a regional shopping center. Re requeated the propoaed zoning be granted and that the annexation be approved. (A cOPJ or hi• atatement tiled with the City Clerk.) RBCBSS The Jla7or called a 15 minute receaa until 10:05 P.M. CALL TO ORDER 'l'he Ma7or called the Council to order at 10:05 P.M. with the following Council- •n preaent: Councilmen Braun, Brownewell, Martin, McLellan, Miles, Woods, Kreiling. The 11&7or declared a quorum present. The Ma7or asked the opponent• to present their arguments. Mr. George Creamer, or Creamer and Creamer, Attorneys, stated that he and Pred M. Winner, Attorne7, represented groups ot citizens ot the area. Re informed the Council that a writing pad was ~lag circulated 1n the audience to d•termine the names and addresses or those present in opposition to the proposed oning. Re asked tor indication or those opposing by their stand. Approxiately 75• stood up. (The City Clerk estimated total attendance to be 320.) I Be attacked the C-3 ordinance as illegal as well as the procedure ot ainaaltaneous zoning and annexation. P\lrther, it waa set forth that the actions or the City Council represented special leg1alat1on and that the hearing under way at this ti.lie was void. He re11&rked that in his opinion, Englewood was the last choice and chance tor the promoters to secure the zoning desired. He c0111Dented freely and fluently on the remarks ot the proponents. Photostatic copies or the counter petitions signed by residents 1n the area were refiled with the City Clerk. The writing paid circulated among those present in opposition was filed with the Cit7 Clerk. Mr. Creamer stated there were 152 signatures arter many proteetanta had lett at the recess. Further, a list ot all the various letters, documents and reports ottered 1n opposition waa presented to the Council and tiled with the City Clerk. Mr. John G. Welles, 3602 South Gilpin Street, Cherry Hilla Village, stated that 3 reports or agencies ravored the proposal while 5 have opposed. He dis- cuaaed these various reports in considerable detail. Mr. W&tson A. Bowes, 350 Ash Street, spoke or the purpose or his report which was to show the value impact upon the neighborhood, Downtown Englewood, and the entire c,,...anity. He stated that there had not been any •Jor change or land usage 1n the area which would Justify the proposed zoning. Be expressed the view that the site represented one ot the prime areas tor residential develoP119nt 1n the entire Denver area. Survey techniques were diacuaaed 1n an attempt to reconcile the variance in the reports subllitted. Mr. Joseph P. Little, 3675 South Pre.nklin Street, stated that he waa a former Jla7or or Cherry Hilla ~illage and recalled the excellent cooperation existing between Englewood and Cherry Hilla Village. He stated that the deairea or the homeowners in the area had not been con- sidered to date. Re spoke or zoning 1ntegrit7 as the preservation ot an individual's right• ot not having a tilling station acroaa the street from one's house. He discuaaed the ill reeling or Cherry Hills Village residents toward Engle- wood it the zoning is allowed and suggested annexation or Cherry Hilla to Denver 111.ght result in protest. Mr. Harold A. Peder, 3271 South Gilpin Street, Member ot the Executive Board ot the North Baat Englewood litizena Committee, pointed out the striking a1a1larit7 between coanenta or Mr. Holland and statements or the Planning COllaiasion recomaending the zoning. He stated that the opinion or the Planning Director was not requested because it was determined to be ·untavorable to the c~rcial proposal. He diacuaaed various other areas where the motives or the Planning Colllliasion and City Council would be questioned as biased or predetermined. I I I I Minutes ot June 19, 1961 He stated that the developer• have no interest in the area and liat the addreaa aa "Denver" not "Englewood". Mr. William Urban, 2100 Eaat Floyd Avenue, spoke aa a citizen and taxpayer. He expreaaed hie objection to the acouaation that the residents opposed progreaa. He stated that he and the other reaidenta did not oppose progress juat Cinderella City. Mr. c. B. Hiester, Jr., 3600 South Gilpin Street, spoke ot Englewood's action to increase density or areas annexed to the City. He discussed the example or the northeast area. The particular proposal tor zoning ia opposed by the Cherry Hilla Planning COllliaaion, the Inter-County Regional Planning Conmisaion as well as the Arapahoe County Planning Coamiaaion which undoubtedly would have opposed, if it were to be approached. ile spoke or the conditions which warrant changes in zoning, namelyi need, hardship, change or the nature of the area, and finally the public welfare. He sUlllll&rized thatnnone or these have been proven in this area. Mr. John S. Nachazel, 2061 laat Floyd Avenue, spoke or the increased trattic and crille since he moved to the area years ago as one of its original reaidenta. Re expreaaed hie objection to the ahoppiJla center as further increasing the trattic and crille incidents. Mr. Jack B. Kennedy, 3230 South High Street, spoke of the grace decision racing the City Council. He atated that the shopping center was not needed and turther that such cOlmlltrcial zoning in the midst of residential land use set a aerioua precedent. Mr. Martin J. Deuth, 2201 Baat Floyd Avenue, Chairmn or the Northeast Bngle- wood Citi&ens COlmllittee, presented a brochure originally prepared and presented to the Arapahoe County Planning COllaiasion. Thia document was filed with the City Clerk. He discussed the purpo••• ot zoning and their application to the case of the KLZ site. Be suggested that, although a dollar gain to the City through property tax- ation that the overall ettect will be detrimental. He requested that the dollar ettect be set aside and urged that the decision rest on good zoning practices. He presented a petition to th• Council protesting the diversion of the drainage trom Harvard Gulch to Little Dry Creek. Mr. Don Fullerton, 3265 South Race Street, an engineer, criticized the pro- poaed drainage plan tor the XLZ a1te aa being inadequate due to exclusion ot heavy aton111 tram the study or avera1e runoff due to the use or an inadequate conatant to represent tuture urban development, and, finally, that the $250,000.00 pertorm- anoe bond posted would be inadequate to provide an adequately designed storm water drainage system. Be spoke ot hi• personal experience relating to trattic hazards in connection with a ahopp1ng center. Jira. Williaa Urban, 2100 East Floyd Avenue, present aa the Chairmn or the Cherry Creek School P-TA, read a letter addressed to the Bnglewood City Council dated June 19, 1961, rrom the Cherry Creek School District No. 5 which set forth the need tor an ele•ntary school site in the area ot the KLZ transmitter. Zoning ot thi• land c011mercial would probably caua• an inflated price to be placed upon the necessary site, even it condemned. Retu~al ot the zoning request was, there- tore, urged. Mr. Bdwin Nielson, 2100 Baat Baatmn Avenue, spoke ot hie interest 1n Engle- wood. He stated that the event• and th• t1.Jlina ot the petition by XLZ tor annexation and aialltaneoua zoning waa untortunate. He had urged the City Attomey to study the practice by other cities in zoning annexed land. The City Attorne7 did not .. ke such a survey. Be spoke or h1• opposition to the zonins proposal, not the annexation. He discuaaed the lack ot use or c011P9tent technical personnel in the Planning Ottice. Be expressed the hope that sound zoning waa ~ dead. Mr. William A. Urban, 2100 Baat Ployd Avenue, spoke further of the hazard to children. He acknowledged the parent•' responsibility tor their children but obJected to increased trattic on the perimeter ot residential streets which 1n- creaaea the poaaibil1ty or accidents. He spoke ot the need tor a greater police torce to patrol and protect the center. 481 482 Minutes of June 19. 1961 Dr. Gardner Middlebrook. 1520 East Cornell Avenue. 8iacuaaed s*8.tementa in the Planning COllllliaaion reconaendat1on that traffic will be minimized. Utter nonaenae. Mr. Jamee P. Murphy. 2001 Baat Ployd Avenue. spoke of the City Council doing a "louay" Job. He aated that they were not considering the rights or wishes ot the individual• which. taken aa a whole. make up the town. He questioned any employment gain in Englewood through the operation of the shopping center. much leas the building ot the center. Mr. William B. Shannon. 2161 Eaat Ployd Avenue. stated that the proponent•' statements ot conaercial uae and zoning throughout the area were wrong. He expreaaed the doubt that the center would be confined to the KLZ site without a apre.wl to the adjoining residential areas. · Mayor Robert P. Davison. ot Cherry Hills Village. spoke officially for the town. He atat ed that Cherry Hilla Village has apposed the zoning from the beginning. He reviewed the history of negative reports and action until the Englewood Planning Commission recommended the zoning. He stated that thia waa a matter or cooperation beeween cities and that the zoning only waa opposed. He remarked that he would be pleased if the site annexed to Englewood aa a residential zoning. He urged the defeat of the proposed zoning. Mr. Jackson c. 'Diode. 3261 South University Boulevard. apoke briefly of the ability of research •n to prepare data in such a nanner aa to support most any proposal. especially that ot the person engaging them. He spoke ot the gradually increasing traffic on South University Boulevard and the volwne ot trattic that may travel on the street if the shopping center ia constructed. He stated that ahoppera and delivery truck• cannot be ke•toltf ot residential atreeta and on the highway only. Mr. Hale Rardin. 3200 South Pranklin Street. spoke of reaaona why he liked Enslewood and traded there. He stated that if the Council disregarded his and hi• neighbor•' wiah•• in thia matter and permitted the shopping center to be built. he would ceaae all trade with Fnglewood merchant• and do everything to re- place the Council .. n acting with auch disregard tor the views and teelinga ot their conatituenta. Mr. Valdo M. Sanderaon. 3265 South High Street. stated that if the basic cona1derat1on ia tor com111erc1a1 development over residential. that he did not need to live in th• area. Mr. Lynn Braaawell. 3213 South Corona Street. spoae ot the sudden concern tor the aatety ot children. and threat or an asphalt jungle 1n Englewood. He stated that he regularly •hopped at University Hilla because he couldn't buy what he wanted 1n Englewood. He expreaaed the view that the proposal would be good tor Englewood and that he favored it. Be re•rked that the hearing waa becoming very long for one that was illegal and unconatitutional. J on Be res1atered hia obJec to the deriaionj>f the Council by names and threats ot their Job•. it the .. llbera should aee their duty to act contrary to the wiahea ot a local llinority. Mra •• Doria Brown. 3325 South Corona Street. stated that ahe was 1n favor of the propoaed shopping center even though she waa only 3 blocks troa the aite. ~her. there were 11&111. 11&ny houaewivea who were anxious tor Cinderella City to be built ao they would have better •hopping facilities. She thought it would v~tually aupple .. nt the Downtown Englewood Buaineas. Mr. Ha~ Hwaphriea. 3410 South Downing Street. spoke ot hia town being a "laat choice". He stated it was one or progress and that it m.ny ot those living in the area don't like progress. they should lbCk for a South Pacitic Island to buy. He quoted IChruahchev that "they would bury us". must move ahead or be buried. He stated that the opposition "proteateth too much". Mr. Harry M. Pleenor. 3383 South Corona Street. spoke or the seltiah reasons ot thoae reaidenta opposing the zoning. He stated that he had an equally aeltiah reason tor aup~orting it. namely. that the proposed drainage ayatem would drain the "trog pond in his area. He expressed his confidence in the City Council to act on behalf ot ~ the City. Mr. Edward Prietz. 1100 Baat Gire.rd Avenue. a resident tor 21 years. watched his taxea increase trom $19.00 to hundreds or dollars but now have good streets. have progreaaed. He stated that •ny ot his friends and neighbors are favorable. He urged the Council to approve the request in the name of progress and growth. I I I I I I I Minutes ot June 19, 1961 Mrs. Bartholomen, a resident or South Denver, stated that she wished to place her children in Englewood High School, one ot the best in the Denver area, but cannot tind a place to live. She urged that the KLZ site be annexed and used tor residential development. The Mayor requested rebuttal at this time as there appeared to be no other individuals who wished to speak. Mr. Von Prellick stated that he had taken nearly 5 pages or notes of points he wished to make but would deter to the the late hour. Mr. Dell B. Ringen&, 2131 East Floyd Avenue, discussed one ot the slides shown by the proponents showing Highland Park Shopping Center as an ideal one. He stated that he was acquainted with that area and that the picture shown was taken at an angle which would not show the comnercial sprawl along the arterial highway serving the center. 'ftle Mayor stated that the response indicated by calls to the City Hall as part or a telephone campaign was 62 calls tavoring to 6 calls opposing the center. ~· list or callers and their addresses was tiled with the City Clerk. The City Attorney read the following letter setting torth his opinion on the validity ot the opposition petition as follows: "JOSEPH W. ESCH Attorney and Counselor at Law 303 First National Bank Building Englewood, Colorado ---------- sunset 1-7212 April 17, 1961 Honorable John c. ICreiling, Mayor and City Council City ot Englewood, Colorado City Hall Englewood, Colorado Gentlemen: I have exaained the Petition tor Annexation ot Unincorporated Territory ot the County ot Arapahoe, State ot Colorado, to the City ot Englewood, Colorado, received at 10:50 P.M. on Apiil 3, 1961, at its regular meeting, tor check as to legal autticiency, tor the tollowing described property, to-wit: A tract ot land lying in Section 35, Township 4 South, Range 68 Weat, in Arapahoe County, described aa tollows: Beginning at a point where the Ea.at line ot Block 50, Evanston Broadway Addition, extended Southerly inter- sect• the South line ot Section 35, Township 4 South, Range 68 Weat, aaid South line being the approximate center line ot Baat Hampden Avebue; thence Northerly along the Eaat line ot said Block 50, to the North line or said Block 50; thence F.asterly to the East line ot South Latayette Street; thence Northerly along said Bast line ot South Lafayette Street to the center line or East Floyd Avenue; thence Easterly a l ong said center line or F.ast Floyd Avenue to the Baat line ot the SWt, Section 35, Township 4 South, Rance 68 West; thence Southerl~ along said line to the Northeast corner ot the SEt SWt ot Section 35, Township 4 South, Range 68 West; thence F.asterly along the North line ot the SWt SEt Section 35, Town- ship 4 South, Range 68 West, to the Northeast corner ot the SWt SBt Section 35, Township 4 South, Range 68 West; thence Southerly along the East line ot th• SWt SBt Section 35, Township 4 South, Range 68 West, to a point where aaid line intersects the North right-ot- way ot s. H. No. 70 (East Hampden Avenue), aaid point being approximately 90 teet Northerly or the Southeaat corner or the SWt SEt Section 35, Township 4 South, Range 68 West; thence Westerly along said North right- ot-way line to a point where aaid line intersects the East line ot the SWt Section 35, Township 4 South, Range 68 West, said point being approximately 90 teet North or the South Quarter corner ot said section; thence Southwesterly along said right-or-way line or Bast Hampden Avenue on the arc or a eurve to the lett, the radius or which equals 783 feet, tor a distance ot · ~483 · 484 Minute• ot June 19, 1961 JWB/e•" 301.4 teetJ thence Westerly along the North right-or-way line ot Baat Hampden Avenue parallel to and 30 teet North ot the South line ot Section 35, Township 4 South, Range 68 Weat, to a point where the North right-or-way line ot Baat HaJlpden Avenue intersects the Bast line ot South Lata7ette Street; thence Southerly to a point where the Bast line ot South Lafayette Street intersects the South line ot Section 35, Township 4 South, Range 68 WestJ thence Westerly along said South line ot said Section to the point or beginning, containing approximately 57.202 acres. In my opinion, the petition, together with accompanying documents and maps, ia in contormitJ with the Charter and Ordinances ot the City ot Englewood, Colorado, and the statutes ot the State ot Colorado, and ia legally autticient. I turther certify that the sole owner ot said property is Aladdin Broadcasting Corporation, a Colorado corporation. Respectfully submitted, /s/ Joseph w. Each Joseph w. Each City Attorney City ot Englewood, Colorado COUNCIUIAN JIIT.KS . MOVED, COONCII.MAN WOODS SECONDED, THAT THE PUBLIC HBARINO BB CLOSED. Upon the call ot the roll, the vote resulted as follows: A7ea: Council•n Woods, Miles, McLellan, Martin, Brownewell, Braun, Kre111ng. Maya: None. Absent: None. The Mayor declared the motion carried. llr. Pred Winner aaked it the opinion or the City Attorney meant that thoae pereona outside Bnalewood had no voice in the matter? The Mayor replied that the C1 tJ At tomey had aubll1 t ted hi• tindinga and opinion. Mr. Peder asked tor an anawer to the question. RECESS The Mayor called a receaa or the Council until 1:20 A.M. Discussion ensued bJ Messrs. Creamer and Winner as to the flagrant violation ot the citizen's rights. CALL TO ORDER The Mayor called the Council to order at 1:20 A.M. with the tollow1ng Council .. n present: Councilmen Braun, Brownewell, Martin, McLellan, Miles, Woods, Kre111ng. The Ma7or declared a quorum present. The Mayor declared that the ~ signatures or residents in opposition within 100 toot rad1ua or the aite to be zoned was surricient to require 3/4 majority vote ot the Council. The signatures or those outside the City would not increase the .. JoritJ required. The Jla7or stated that he personally favored the proposed zoning as being in the beat intereata ot all 33,000 residents. He stated that although econoaica is not a .. tter to be considered in regard to the zoning, it is a ve'f7 important one in connection with the proposed annexation. CouncillllLn Miles apoke in tavor ot the C-3 zoning. Re renarked that it would be easier to oppose than to tavor the zoning in light ot the determined oppoaition. Re re ... rked that he did not consider the economical ettecta in either hi• decision to support the proposal betore the Planning Conaiaaion nor at th1• time. He •llPh&•ized that it he believed there would be an adverse etteot upon either the residents or buaineaa, he could not vote tor it~ I I I I Minutes of June 19, 1961 Couno1llll.ll Br9un quoted rrom a recent letter to the editor stating that moat l•s1alat1ve bod1•• do not etand up for their convictions. He stated that he was •tandlna up tor h1a convicion and will vote for Cinderella City. Couno1111&n Brownewell asked that the bill for an ordinance annexing Cinderella CitJ be read. Introduced aa a bill by Councilman Brownewell A BILL PClt Alf CIU>IIWICB APPROVING '1'HB ANMEXATION OP THE PROPERTY HBRBINAPl'ER DBSCRIBBD TO '1'llB CITY OP BllJLBWOOD, COLORADO, AND ANNEXING SAID DESCRIBED PROPBR'l'r TO TBB CIT! OP llOLIWOOD, COLORADO, AND ZONING SAID PARCEL OR PARCELS AS C-3 (BUSIDSS DISTRICT), PURSUAJIT TO '1'HE PROVISIONS OP ORDINANCE NO. 45, SERIES OF 1955, AS AMENDED, OP 'l'HB ORDillANCBS OP '1'HB CITY OP BNOLBWOOD, COLORADO, KNOWN AS THE "ZONING ORDINANCE 011' TD CITY OP BllJLIWOOD", To-WIT: A TRACT OP LAND LYING IN SECTION 35, TOWNSHIP 4 SOOTH, RAJIJE 68 WEST, IN ARAPAHOE COUNTY, DESCRIBED AS FOLLC*S: BBOINHINQ AT A PODl'l' WllBRB THB BAST LIMB OP BLOCK 50, EVANSTON BROADWAY ADDITION, EXTENDED SCXJ'l'llBRLY Ilft'BRSBCTS THE SOUTH LINE OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 68 Oft, SAID SCXJ'l'B LIMB BBDQ THE APPROXIMATE CENTER LINE OP EAST HAMPDEN AVBRUB; TlllRCE M<ltl'HBRLY ALom THE EAST LINE OP SAID BLOCK 50, TO THE NORTH LINE OP SAID BLOClt 50; TllDCB BASTBRLY TO THI EAST LINE OP SOUTH LAPAYB'l"l'E STREET; THBNCE R<lftil&RLY AI.ONO SAID EAST LID OP SOUTH LAPAYE'rl'E STREET TO '1'RB CENTER LINE OP BAST Jl'LOYD AVBNUB; THBNQB EASTERLY ALONG SAID CENTER LINE OP BAST PLOYD AVBNUB TO TD BAST LID OP THB SWt, SECTION 35, TOWNSHIP 4 SOOTH, RANOE A WBST; THENCE SOU'nlBRLY ALONO SAID LIMB TO THE NORTHEAST CORNER OF THE SBt swt OP SECTION 35, TOWllSBIP 4 SOUTH, RAJIJB 68 WEST; THENCE EASTERLY ALONG THE NORTH LIMB OP TBB SWt SBi, SBCTIOlf 35, TOWNSHIP 4 SOUTH, RANGE 68 WEST, TO THE NORTHEAST CORDR O'l' 'l'HB SWi SBt, SECTION 35 TOWNSHIP 4, SOUTH, RANGE 68 WEST; THENCE SOU'l'HERLY ALOllJ THE BAST LID OP THB sw! SBt, SECTION 35, TOWNSHIP 4 SOUTH, RANGE 68 WP.ST, TO A POD'!' VlllRB SAID LINE IM'l'BRSBCTS THE NORTH RIGHT-OP-WAY OP S. H. NO. 70 (EAST IWIPDBN AVBIUB), SAID POINT BBINO APPROXIMATELY 90 PEET NORTHERLY OP THB SOU'l'HBAST CORDR O'l' 'l'llB SWt SBt, SECTION 35, TOWNSHIP 4 SOUTH, RANGE 68 WEST; THBNCE WBS'l'BRLY ALORO SAID N<lml RIGlft'-OJP-WAY LID TO A POINT WHERE SAID LINE INTERSECTS THB EAST LID 01' 'l'RB SWt, SBCTIOll 35, TOWNSHIP 4, SOOTH, RANGE 68 WP.ST, SAID POD'!' BBDfO APPROXI- llATBLY 90 PK&T NOR'l'B OP THB SOUTH QUARTER CORNER OP SAID SBCTIONJ THBNCB S01Pl'll- DftBRLY ALom SAID RIOR'l'-01'-WAY LINB OP EAST HAMPDEN AVBNUB ON THI ARC OP A CURVE '1'0 Tiii LD'l', THB MDIUS OP WHICH BQUALS 783 FEET, POR A DISTAlfCB 011' 301.4 'l'Dl'J TllDCB WBSTBRLY ALOllJ TRB NORTH RIGHT-OP-WAY LINE OP EAST HAMPDEN AVBNUB PARALLBL TO AJm 30 PDT NORTH OP 'l'HB SOU'l'll LINE OP SECTION 35, T0"1fSmIP 4 SOO'l'll, RAmB 68 VDT, TO A POINT WDRB 'l'RB NOR'l'H RIGHT-OP-WAY LINE OP EAST HAllPDBN AVBRUB lftBR- UCTS '1'RB BAST LID OP SOUTH LA'l'AYBTTB STRBBT; THENCE SOU'l'HBRLY TO A POINT WDRB TRI BAST LINB 01' SOUTH LAJPAD'rl'B STRBBT IN'l'BRSECTS THE SOU'DI LID OP SBCTION 35, 'l'OWllSBIP 4 SOUTH, RANOB 68 WESTJ THENCE WBSTERLY ALONG SAID SOUTH LINE OP SAID SBCTION TO THB POIMT OJP BBOINNING, CONTAINING APPROXIMATELY 57.202 ACRES, ARAPAHOE COUJft'I, COLORADO. BB IT Oftn\INBD BY THE CITY COONCIL OP THE CITY OP ENGLEWOOD, COLORADO: ~ct~yn 1. That written petition was properly filed in accordance with statute with e tJ Council or the City or Englewood, Colorado, proposing the annexation to aa1d City or Englewood of the hereinafter described land, situate 1n the County ot ANpahoe, State ot Colorado, to-wit: A tr9ct or land lying in Section 35, Township 4 South, Range 68 West, 1n Ar9pahoe County, described as follows: Beginning at a point where the East line of Block 50, Evanston Broadway Addition, extended Southerly intersec•a ,.the South 11.ne or Section 35, Township 4 South, Range 68 West, said South line being the approximate center line of East Hampden Avenue; thence Northerly along the East line of said Block 50, to the North line or aaid Block 50; thence Easterly to the Eaat line or South Lafayette Street; thence Northerly along said Bast line or South Lafayette Street to the center line of East Floyd Avenue; thence Baaterly along said center line ot East 1'107d Avenue to the Baet line ot the SWt, Section 35, Town•hip 4 South, Range 68 Weet; thenct Southerly along said line to the Northeast corner or the SEt '1ft or Section 35, Township 4 South, "'1lge 68 Weat; thence Baaterly along the Rorth line ot the SWt SEt, Section 35, Townehip 4 South, Range 68 West, to the Northeast corner or the SWt SBt, Section 35, Township 4 South, Range 68 Weat; thence Southerly along the East line of the SWt SEt, Section 35, Townehip 4 South, Range 68 West, to a point where aaid line interaecta the North right of way or S.H. No. 70 (Baat llallpden Avenue), aaid point being approximately 90 reet Northerly or the Southeast corner of the SWt SBt, Section 35, Township 4 South, Range 68 West; thence Westerly along said North right-or-way line to a point where said line intersects 485 486 . . llinutea ot June 19, 1961 the Baat line ot the SWt, Section 35, Township 4 South, Range 68 West, aaid point being approximately 90 teet Horth ot the South Quarter conier ot aaid section; thence Southwesterly along said right-or-way line ot Eaat Hallpden Avenue on the arc or a curve to the lett, the radius ot which equals 783 teet, tor a distance ot 301.4 teet; thence Westerly along the HOrth right-or-way line ot East Hampden Avenue parallel to and 30 teet North ot the South line or Section 35, Town- ship 4 South, Range 68 Weat, to a point where the Horth right-ot-way line ot .~at Hallpden Avenue intersects the East line ot South Latayette Street; thence Southerly to a point where the East line ot South Lata19tte Street intersects the South line or Section 35, Township 4 South, Range 68 Weat; thence Westerly along said South line ot said section to the point of beginning, containing approximately 57.202 acrea. Hcfil 2. That Aid petition waa signed by the owner• ot more than titty percen5 J ot the area ot auch territory, who alao compriaed a •Jority ot th• landowner• residing in the Aid territory at the time the petition was filed. !lotion 3. That aaid petition was in all respect• in conformity with the proviaona of Article 11, Chapter 139, Colorado Revised Statutes, 1953, as Wnded; that aaid petition waa tavorably considered by the City Council or the aaid City ot Bnglewood, constituting the legislative body of the 111111icipality to which aaid · territOl"J i• propoMd to be annexed; that notice ot the substance ot the petition, the date ot signing, the number ot persona signing, a description of the territo17 included in the propoaed annexation, and a state•nt that landowners ot the area may expreaa their opposition to the annexation and aecure an election by complying with the proviaiona ot Section 139-11-4, Colorado Revised Statutes, 1953, waa publiahed purauant to statute. Section 4. That aaid hereinabove described parcel or parcels of property be, and they hereby are, declared annexed to the City ot Englewood, Colorado, and are hereby made a part ot the aaid City, pursuant to the provision• ot Article 11, Chapter 139, Colorado Revised Statutes, 1953, aa amended. Section 5. That said hereinabove described parcel or parcel• be, and they hereby are declared to bf zoned aa C-3 (Business District), pursuant to the pro- viaiona ot Ordinance No. 45, Series of 195(., as amended, ot the ordinances ot the City ot Bnglewood, Colorado, known as the 'Zoning Ordinance ot the City ot Englewood". Paaaed on Pirat Reading bl the City Council or the City ot Englewood, Colorado, th1• 19th day ot June, A.D. 1961, and ordered published in full in the Englewood Herald and Bnterpriae. AT'l'BST: waa read tor the tirat time. COUNCIIllAJf BROWHBWBLL MOVED, COUNCILMAN MARTIN SECONDED, THAT THE PROPOSED BILL BB PASSED Olf PIRST READING AND ORDERED PUBLISHED IH PULL IH THE ENGLEWOOD RKRALD Alfi> BN'l'BRPRISE. Upon the call of the roll, the vote reeulted aa follows: Ayes: Councilmen Woods, Miles, McLellan, Martin, Brownewell, Braun, Kreiling. Nays: None. Absent: Hone. The Mayor declared the motion carried and thanked the many people who attended for their interest. RELATIHO TO SCENIC VIEW SANITARY SEWERS Mr. George Johnson, President of the North West Englewood Improvement Aaaooiation, invited the Council to be represented at a meeting ot the group at the Scenic View &chool on June 26, 1961, at 7:30 P.M. I I I I Minutes of June 19. 1961 The Ma7or atated that he, the City Manager and City Attorney would plan to attend. It any other members wished to attend, they could do so. Diacuaaion en- a\19d aa to advisability or t)aving Bob Frantz, Harold Babcock and Councilman Browne- well to attend ao that questions nay be answered by members ot the Water and Sewer Board who are better qualified in sewer natters than other otticials nay be. RECESS COUNCILMAN BRAUN MOVED, COONCIUUN BROWNEWELL SECONDED. THAT THE MBE'l'IRO BE RBCBSSBD UITIL 8:00 P.M., 'l'UBSDAY, JUNE 20, 1961, AT TRB BNOLDOOD CIT! BALL. COUNCIL CHAMBERS. Upon the call or the roll, the vote resulted aa follows: A7ea: Council•n Woods, Miles. McLellan, Martin, Brownewell, Braun, Kreiling. Haya: None. Absent: None. The lla7or declared the ••ting recessed until 8:00 P.M. at the hour ot 1:50 A.M •• Tueada7, June 20, 1961. B. o. Beauaang, City Clerk Clerk of the Council 'l'h• minute• of the meeting of the City Council of the City of Englewood, COlorado, held on the 19th day of June, 1961 A.D., stand approved as written thi• 3rd day of July, 1961 A.D. ·487