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HomeMy WebLinkAbout1958-06-16 (Regular) Meeting MinutesREGULAR SESSION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO HELD MONDAY THE 16TH DAY OF JUNE, 1958 A.D. AT 8:00 P.M. • • • • • • • • • The meeting was called to order by Mayor Scott and the invocation was given by the Reverend s. E. Oakes of the Cherrelyn Baptist Church. • • • • • • • • • Mayor Scott asked for roll call. PRBSBNT: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods ~nd Scott. ABSENT: Graham. • • • • • • • • • The Mayor asked that the bids be opened for construction of Paving District No. 8. The following bids were received: Gardner Construction Company Peter Kiewit Son•~ Company Western Paving Company Asphalt Paving Company Colorado Constructors Northwestern Engineering Company Brannon Sand and Gravel Company $24~,141.57 228,952.53 232,582.88 231,329.35 244,018.90 233,863.86 239,134.84 Councilman Braun moved ) Hill seconded ) that the bids be received and referred to the City Manager for tabulation and a report later this session. AYES: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: Graham. • • • • • • • • • The Mayor declared the bearing opened on the corrective rezoning of Scenic View. No persons appeared to protest or oppose the proposed change in zoning. Councilman Braun moved ) Kreiling seconded ) that the hearing be closed. AYBS: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None ABSENT: Graham. • • • • • • • • • Councilman Hill moved ) Braun seconded ) that the bearing be opened for the proposed re- zoning of two blocks, bounded by west Belleview Avenue, South Cherokee Street extended, West Grand Avenue extended and South Acoma Street from R-1-B (Residential District) to R-3-A (Multi-Family Residential District). AYES: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. NAYS: !lone. ABSENT: Graham. Councilman Graham entered and was seated with the council. Mr. Grant Williams of 500 West Grand Avenue spoke in opposing the rezoning and presented a petition bearing 35 signatures. Mr. Williams reasons for not wanting the change was that it would allow doctors offices, tourist homes and motor courts, rest and nursing homes. Mr. B. Storm spoke opposing the change and thinks it would reduce the value in tbe area approximately $60,000.00 and is afraid for this to start as it will lead to something else and down grade the present property. There were seven persons present who opposed the change in zoning. 'I":. I I I I I I Mr. Richard Andrews, 205 Patterson Building, Denver, stated that be was the owner of the property and that be planned to build very high class l and 2 bedroom apartments, be also presented architectural drawings of the proposed buildings and stated be was planning on 206 units costing approximately two million dollars. llr. Kagle, Architect, stated he had designed the buildings and that they were very modern and beautiful. Mr. Harmon, of Harmon, O'Donnell and Henninger, planning consultants, said this is a new concept of garden like planning and living and stated this would be an asset to the community. The City Manager spoke regarding the planning for adjacent property to the West. llr. Williams in rebuttal stated that the shopping for this area would 10 mostly to Arapahoe County. Mr. Storm stated he knew of 2 contractors who would purchase the property for R-1-B residential units. Councilman Braun moved ) McLellan seconded ) that the hearing be closed. 4YBS: Braun, Brownewell, Martin, Graham, Hill, K1 ·eiling, llcLellan, Woods and Scott. KAYS: Kone. ABSENT: None. Councilman Graham moved ) Martin seconded ) • • • • • * • * • that the hearing be opened on an appeal as to rezoning an area of approximately 4.7 acres fronting on East side of the South Platte River, and lying approximately 820 feet Korth of West Hampden Avenue. (From M-1 Industrial to M-2 Industrial). AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. llr. Richard Simon, Attorney representing llr. Axom, had asked for an appeal from the Planni?g Commission which denied the request for rezoning on llay 8, 1958. llr. Simon spoke regarding the operations of the wre<eking yard and stated that the area in question would be used for the storage of car bodies and parts. Mr. Simon presented a letter signed by Mr. Harry W. Johnson and Jean A. Johnson stating they had no objections to the rezoning. A letter signed by the Mayor of Sheridan was read, the Council of the City of Sheridan stated they bad no objections to the rezoning. llr. Fred Haverkate, owner of a Trailer Court at 3150 South Platte River Drive, stated that an auto wrecking yard would be a detriment to the community. The Cit)' Manager, "a member of the Planning Commission", spoke regarding the actions of the Planning Commission. Councilman Graham moved ) Woods seconded ) that the hearing be closed. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. KAYS: None. ABSENT : None. * * * * * * * • • The Swiss Society of Colorado, presented an application for a club liquor license and asked that it be approved subject to the building being constructed meeting all the requirements, said building to be built at East Hampden Avenue and South Downing Street in Englewood. Councilman Graham moved ) Braun seconded ) to set a bearing date of July 21, 1958 at 8:00 P.11., said hearing could result in an approval of the license to be issued later after the building re- quirements are met. AYBS: Braun, Brownewell, Graham, McLellan and Woods. NAYS: Martin, Hill, Kreiling and Scott. ABSENT: None. • • • * * • * * * 79 Mr. Bruce Heider representing the Junior Chamber of Commerce, spoke regarding the Independence Day activities sponsored each year by the Junior Chamber of Commerce and asked for $200.00 to assist them in the program. Councilman Hill moved ) Braun seconded ) that the City donate $200.00 to assist in the program. AYES: Braun, Brownewell, Martin, G1 ·aham, Hill, Kreiling, llcLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • llr. Harvey Mayer from the Chamber of Commerce asked permission for the mer- chants to have an Old Fashioned Bargain Day stand in front of their place of business for 2 days July 18 and 19th. Councilman Braun moved ) Hill seconded ) that permission be granted, the displays to be limited to 5' and not over 50CJ, of the sidewalk width at any time. No bars are to be permitted and the display tables or booths are to be re- moved Saturday evening tbe 19th. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The following recommendation was received from the Planning Commission: That the following described land be rezoned as shown, contingent upon the final passage of the proposed ordinance creating an R-3-A District: Lots 20-25, Inclusive, Block 44, Evanston's Broadway Addition and Lots 1-20, Inclusive, Block 45, Evanston's Broadway Addition, all from R-1-D Zone District to R-3-A Zone District. Lots 21-24, Inclusive, Block 45, Evanston's Broadway Addition, From C-2 Zone District to R-3-A District. Councilman Braun moved ) Kreiling seconded ) that the recommendations of the Planning Commission be approved. AYES: Braun, Brownewell, Martin, Graham, Hill, Ki ·eiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The following recommendation was received from the Planning Commission: That the two porLions oi alley in ~he ~/UO ulo~k uetween South Logan and South Pennsylvania Streets be released, relinquished or vacated by whatever means dee .. d necessary by the City Attorney. Councilman Braun moved ) Martin seconded ) to approve the above reco ... ndation and refer same to the City Attorney. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The following recommendation was received from the Water Advisory Board: That there be no further negotiations had with the Governmental authorities relative to possible procurement of Fort Logan water rights or the sewage disposal plant and that the matter be closed as far as the City is concerned. Councilman Graham moved ) Woods seconded ) to approve the recommendation of the Water Board. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • I I ,. ~· I I The following recommendation was received from the Water Advisory Board: That condemnation proceedings be instituted if necessary to procure easement for Sewer Kain Crossing of the Lands of the Robinson Brick and Tile Company west of the C • S Railroad, to reach the Scenic View Area. Councilman Br&UQ 110ved ) McLellan seconded ) that the City Attorney procure the easeaent as soon as possible and that condemnation pro- ceedings be instituted for such easeaent if found necessary. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreilin1, llcLellan, Woods and Scott. HAYS: Hone. ABSENT: None. • • • • • • • • • The following recommendation was received from the Water Advisory Board. That the lands immediately adjacent to and North of the present Englewood Sewage Disposal Site, be purchased subject to certain conditions agreed to in the negotiations. 1. From Frank Clapp, 4.82 acres including two dwelling structures for a total of $29,500.00. 2. From Gerald Clapp, 2.33 acres with one dwelling structure for $14,000.00. Councilman Brownewell moved ) Martin seconded ) that the City proceed as recommended by the Water Advisory Board. AYES: Braun, Brownewell, Martin, G ~aham, Hill, Kreiling, llcLellan, Woods and Scott. MAYS: None. ABSENT: None. • • • • • • • • • The Water Advisory Board recommend that negotiations be started toward a final settlement with any release from the Winslow-McMillon Construction Coapany relative to Sewer District Extension No. 6. Councilman Braun moved ) Brownewell seconded ) that the City Manager try to negotiate a settlement. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. HAYS: None. ABSENT: None. • • • • • • • • • The Water Advisory Board recommended the following policy in regard to Sewage Disposal Service outside the City. That the City be receptive to the requests for Sewage Disposal service from areas located geographically feasible to the City, and upon contractual arrange- ments satisfactory to the City which will not penalize or be .de ~rimental to the tax payers in Englewood. Councilman McLellan moved ) Braun seconded ) that the recommendation of the Water Advisory Board be approved. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. HAYS: Hone. ABSENT: None. • • • • • • • • • The following recommendation was received from the Water Advisory Board: That there be favorable consideration of a supplemental agreement to tbe Valley Sanitation District contract to include the following described tracts within their district, Duboc Tract Si of the MBi Section 25, Township 5 South, Range 69 West Jefferson County, Colorado; SWt pf t~e MWi of Section 30, Township 5 South, Range 68 West, Arapahoe County, Colorado; NEt of the NEt of Section 25, Township 5 South,Ran1e 69 West, Jefferson County, Colorado; NWt of the llWt of Section 30, Township 5 South, Range 68 West, Arapahoe County, Colorado; Located immediately South of Coal Mine Road on the South Platte Canyon Road, totaling approximately 150 acres. Hansen Tract The South One-half of the Southwest One-quarter of Section 19, Townshii 5 South, Range 68 West of the Sixth Principal Meridian, Arapahoe County, Colorado, also known as Columbine Heights Subdivision, upon the express conditions that the number of sewer taps to be served be limited to 400 in the Duboc tract and 100 in the Hansen tract and that such number of taps not be charged against the present allotment of 2800 taps of the Valley Sanitatioa District, but that the City receive a tap fee of $50.00 per tap for each sewer tap connected, to be paid at the time of application for the service; and, that such tap fee be reconsidered for renegotiations on or about November 1, 1959 and each two years thereafter. Councilman Brownewell moved ) Martin seconded ) that the recommendation of the Water lld~d be approved and adopted. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • * The following recommendation was received from the Water Advisory Board. That an offer be made to the City of Sheridan wherein the City of Englewood would charge the City of Sheridan One Hundred and Fifty Dollars ($150.00) per million gallons of sewage influent treated at the Englewood disposal plant and that there be a clause in a proper contract providing for a reconsideration and renegotiation of the rate at the end of seven years. Councilman Braun moved ) Hill seconded ) councilman Woods moved ) Graham seconded ) that the recommendation of the Water Advisory Board be approved. to table the motion just made. AYES: Braun, Brownewell, Martin, Graham, Hill, McLellan and Woods. NAYS: Kreiling and Scott. ABSENT: None. • • • * • • * • * The following recommendation was received from the Water Advisory Board: That a .preliminary engineering report and cost estimate from a qualified engineering source be procured at once and that two alternatives be considered: 1. ~ For 50$ capacity extension 2. For 100~ capacity extension or new construction. Councilman Kreiling moved ) Brownewell seconded ) that the recommendation be approved. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods Scott. NAYS: None. ABSENT: None. • * • * • • • • * The Police Court report for May, 1958 was presented. Councilman Graham moved ) llartin seconded) to receive the report. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan, Woods and Scott. NAYS: None. ABSENT: None. * * • • • • * • * I I I I I I I I The Treasurers report was presented for May, 1958. Councilman Graham moved ) McLellan seconded ) that the Treasurers Report be received. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • An Agreement was presented, signed by Freida Dolen and Carrie H. Dolan of 4596 South Bannock Street, for a retaining wall to be built on Lots 23 and 24, Block 2, Greens Subdivision. Councilman Hill moved ) McLellan seconded ) that the Agreement be approved and that the Mayor be authorized to sign and the Clerk attest same. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • * • * • • * A request was received from the College View Fire District for a tentative mutual aid agreement between the City and Distract for fire protection services. Councilman Brownewell moved ) Hill seconded ) that the City of Englewood enter into such an agreement. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. * • • • • • • * * An application was received from Automart Stores, Inc. for a retail Fermented Malt Beverage License (3.2 Beer only) at 123 East Belleview, Englewood. Councilman Graham moved ) Woods seconded ) that the application be received and that the hearing date be set for July 21, 1958 at 8:00 P.M. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. * * * * * * * • * The following Bill for an Ordinance was presented and read in full~ A BILL FOR AN ORDINANCE PROVIDING FOR A PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLBWoa>, COLORADO; FOR THE TERMS, POWERS AND DUTIES OF SAID BOARD; AND RBPEALING SUBSECTION 3 OF SECTION (c) OF ARTICLE I OF ORDINANCE NO. 47, SERIES OF 1955, AND ALL arHBR ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLDoa>, COLORADO: Section 1. There is hereby created a Public Library Board of the City of Englewood, Colorado, which shall consist of six members, five appointed by the City Council from citizens-at-large and one City Councilman. Two citizen-at-large members shall be appointed to serve until February 1, 1960; one citizen-at-large to serve until February 1, 1961; one citizen-at-large to serve until February l, 1962; and one citizen-at-large to serve until February 1, 1963. Thereafter, citizen-at- large members of said Public Library Board shall be appointed for four-year terms. The City Manager shall appoint a member of the library staff to be an ex-officio non-voting member of the Public Library Board. All members of the Public Library Board shall be subject to removal by the appointing authority. The appointing authority shall make appointments to fill vacancies for the unexpired terms. Section 2. The Public Library Board shall have the following powers, duties and obligations: (a) To prepare and submit to the City Council a master plan for the development and maintenance of a modern library system. 83 84 (b) To cooperate with the City Manager in preparing its annual capital expenditure budget for the City Council and to certify the sums necessary to maintain and operate the library during the ensuing year. (c) To cooperate with any public or private agency in ob- taining space or for any other purpose, subject to the approval of the City Council. (d) To adopt such by-laws, rules and regulations for its own guidance and for the government of the library as the Board may deem expedient. (e) To have supervision, care and custody of all property of the library including rooms or buildings constructed, leased or set apart therefor. (f) To employ a librarian and upon bis recommendation employ such other employees as may be necessary; prescribe their duties and fix their compensation, subject to approval of the City Manager. (g) To control the disbursement of the finances of the library. (h) To accept such &ifts of money or property for library purposes as it ~eems expedient and to administer gifts and trusts. (i) To hold and acquire land by gift, lease, or purchase for library purposes. (j) To lease, purchase or erect any appropriate building or buildings for library purposes and acquire such other property as may be needed therefor. (k) To purchase books, periodicals, maps, •supplies and materials for the library on the recommendation of the librarian. (1) To do all other acts necessary for the orderly and efficient management and control of the library. Section 3. At the close of each year, the Public Library Board shall make a report to the City Council showing the condition of their trust during the year; the sums of money expended, and the purposes of the expenditures; the number of books and periodicals on band; the number added during the year; the number retired; the number loaned out; and such other statistics and information and such suggestions as the Board may deem of public interest. A copy of this report shall be filed with the State Librarian. Section 4. The Public Library Board shall convene on the first Tuesday I I of February of each year to organize and to select officers. The duly appointed I librarian shall be ex-officio recording secretary for the Public Library Board, but without voting privilege. A book of records of each meeting shall be kept and placed in the office of the City Clerk for public inspection. All regular meetings of the Public Library Board shall be open to the public. Reports shall be made to the City Council from time to time as the Council shall require. Section 5. The Public Library Board, at its first meeting in February of each year, shall choose its own Chairman and Vice-Chairman from citizen-at-large members. The Public Library Board shall operate in accordance with such rules of procedure as may be ~et forth by the City Council or may adopt its own rules of procedure if so directed by the Council. Section 6. Subsection 3 of Section (c) of Article I of Ordinance No. 47, Series of 1955, and all other ordinances and parts of ordinances in conflict here- with are hereby repealed. Section 7. The City Council hereby finds, determines and declares this ordinance is necessary for the immediate preservation of the public peace, health, safety and convenience. Section 8. In the opinion of the City Council an emergency exists; therefore, this ordinance shall take effect and be in force from and after its final passage and publication. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 16th day of June, A.D. 1958, and ordered published in the Englewood Herald and Enterprise. ATTEST: J. L. Barron City Clerk Councilman Hill moved ) Brownewell seconded ) llayor that the Bill just read be approved on First Reading and ordered published in the Englewood I I I I I Herald and Enterprise. AYES .: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan, Woods and Scott. NAYS: None. ABSENT: None. * * • • • * * * * The following Bill for an Ordinance was presented and read in full. A BILL FOR AN ORDINANCE REZONING THE FOLLOWING DESCRIBED PROPERTIES FROll P (PARKING ZONE), 11-2 (INDUSTRIAL DISTRICT) OR C-2 (BUSINESS DISTRICT) TO THE VARIOUS CLASSIFICATIONS HBRBINAFTER SET FORTH: LOO'S 21 THROUGH 28, INCLUSIVE OF BLOCK 77, SHBRIDAB BBIGBTS SUBDIVISION, REZONED FROM "P" (PARKING ZONE) TO R-1-D (RESID.INTIAL DISTRICT); LOO'S l THROUGH 20 AND Lars 29 THROUGH 48 OF BLOCK 77, SHERIDAN HEIGHTS SUBDIVISION, RE- ZONED FROM M-2 (INDUSTRIAL DISTRICT) TO R-1-D (RESIDENTIAL DISTRICT); A STRIP OP LAND 130 FEET EAST OF AND PARALLEL TO THE CENTER LINE OF SOUTH TEJON STRBBT FROll THE CUTER LINE OF THE ALLEY BETWEEN WEST EVANS AVENUE AND WEST ADRIATIC AVENUE TO THE CENTER LINE OF WEST BALTIC AVENUE, TO BE REZONED FROll "P" (PARKING ZONE) TO 11-2 (INDUSTRIAL DISTRICT); A STRIP OF LAND 130 FEET EAST OF AND PARAl·l·BL TO THE CDTER LIKE OF SOUTH TEJON STREET FROM THE CENTER LINE OF WEST ILIFF AVENUE TO A LINE 786.1 FEET SOUTH OF AND PARALLEL TO THE CENTER LINE OF WEST HARVARD AVENUE, TO BE REZONED FROll "P" (PARKING ZONB) TO M-2 (INDUSTRIAL DISTRICT); A PARCEL OP LAND BAST OF THE NORTH, NORTH-EAST --SOtrrH, SOUTH-WEST IRRIGATION DITCH, AND WEST OF A LINE 150 FBET WEST OF AND PARALLEL TO THE WEST LINE OF SOUTH SANTA FB DRIVE, FROll THB CENTER LINE OF WEST YALE AVENUE TO THE EXISTING M-1 ZONE, TO BB REZONED FROll C-2 (BUSINESS DISTRICT) TO 11-2 (INDUSTRIAL DISTRICT) CLASSIFICATION, ALL IN ARAPAHOE COUNTY, COLORADO. WHEREAS, application heretofore has been made for the rezoning of certain properties hereinafter described, within the City of Englewood, Colorado from P (Parking Zone), M-2 (Industrial District) or C-2 (Business Oistrict) to the various classifications hereinafter set forth, and the City PlanniLg Commission bas recom- mended approval of such change in zoning; and, WHEREAS, public notice has been given of such proposed rezoning by one publication in the Englewood Herald and Enterprise, a newspaper of general circula- tion within the City, and the official newspaper of the City, at least fifteen (15) days before the public hearing on such rezoning, and notice of such proposed rezon- ing bas been posted on the properties for fifteen (15) consecutive days prior to such bearing, as required by ordinance; and, WHEREAS, public hearing was held pursuant to the aforesaid notice by tbe City Council of the City of Enilewood in the Council Chambers of the City Ball, 3345 South Bannock Street, Englewood, Colorado, on the 16th day of June, A.D. 1958, at the hour of 8:00 P.M., at which hearing no persons appeared to protest or oppose the proposed change in zoning; and, WHEREAS, the public necessity, convenience, general welfare and good zoning practices justifies the change in zoning of the hereinafter described property from P (Parking Zone), M-2 (Industrial District) or C-2 (Business District) to the various classifications hereinafter set forth; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BNGLE- Woa>, COLORADO: Section l. The zoning of the hereinafter described properties, located within the city of Englewood, Colorado, is hereby changed from P (Parking Zone), M-2 (Industrial Di•trict) or C-2 (Business District) to the various classifications hereinafter set forth, to-wit: Lots 21 through 28, inclusive of Block 77, Sheridan Heights Subdivision, rezoned from "P" (Parking Zone) to R-1-D (Residential District). Lots l through 20, and Lots 29 through 48 of Block 77, Sheridan Heights Subdivision, rezoned from M-2 (Industrial District) to R~l~£ 4Residentiai District). A strip of land 130 feet east of and parallel to tbe center line of South Tejon Street from the center line of tbe alley between West Evans Avenue and West Adriatic Avenue to the . center line of West Baltic Avenue, to be rezoned from "P" (Parking Zone) to M-2 (Industrial District). A strip of land 130 feet east of and parallel to the center line of South Tejon Street from the center line of West Iliff Avenue to a line 786.1 feet south of and parallel to the center line of West Harvard Avenue, to be rezoned from "P" (Parking Zone) to M-2 (Industrial District). A parcel of land east of the north, north-east --south, south-west irrigation ditch, and west of a line 150 feet west of and parallel to the west line of South Sanfa Fe Drive, from the center line of West Yale Avenue to the existing M-1 Zone, to be rezoned from C-2 (Business District) to M-2 (Industrial District), all in Arapahoe County, Colorado. Section 2. The City Council hereby finds, determines and declares that the hereinabOve change in zoning is justified by the public necessity, convenience,·· general welfare and good zoning practices and that this ordinance is necessary for the immediate preservation of the public peace, health, safety and convenience. Section 3. In the opinion of the Ci ty Council an emergency exists; therefore, this ordinance shall take effect and be in force from and after its final passage and publication. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 16th day of June A.D. 1958, and ordered published in the Englewood Herald and Enterprise. Mayor ATTEST: J. L. Barron City Clerk Councilman McLellan moved ) Woods seconded ) that the Bill just read be passed on First Reading and ordered published in the Englewood Herald and Enterprise. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The following Bill for an Ordinance was presented and read in full. A BILL FOR AN ORDINANCE REZONING THE FOLLOWING DESCRIBED PROPERTY FROM R-1-B (RESIDENTIAL DISTRICT) TO R-3-A (MULTI-FAMILY RESIDENTIAL DISTRICT) CLASSIFICATION: TWO BLOCKS, BOUNDED BY WEST BELLEVIEW AVENUE, SOUTH CHEROKEE STREET EXTENDED, WEST GRAND AVENUE EXTENDED AND SOUTH ACOMA STREET, DESCRIBED AS FOLLOWS: THAT PART OF SEt OF THE swt OF SECTION 10, TOWNSHIP 5 SOUTH,RANGE 68 WEST OF THE 6th P.M., FORMERLY KNOWN AS BLOCKS 6 AND 7, HARLEM SUBDIVISION, SECOND FILING, NOi VACATED, ARAPAHOE COUNTY, COLORADO. WHEREAS, application heretofore has been made for the rezoning of cer- tain property hereinafter described within the City of Englewood, Colorado, from R-1-B (Residential District) to R-3-A (Multi-Family Residential District) classi- fication, and the City Planning Commission has recommended approval of such change in zoning; and, WHEREAS, public notice bas been given of such proposed rezoning by one publication in the Englewood Herald and Enterprise a newspaper of general circulation within the City, and the official newspaper of the City, at least fifteen (15) days befor e the public hearing on such rezoning and notice of such proposed re- zoning bas been posted on the property for fifteen (15) consecutive days prior to such bearing, as required by ordinance; and, WHEREAS, public hearing was held pursuant to the aforesaid notice by the City Council of the City of Englewood in the Council Chambers of the City Hall, 3345 South Bannock Street, Englewood, Colorado, on the 16th day of June, A.D.· 1958, at the hour of 8:00 P.M., at which hearing 7 persons appeared to protest or oppose the proposed change in zoning; and, WHEREAS, the public necessity, convenience, general welfare and good zoning practices justifies the change in zoning of the hereinafter described pro- perty from R-1-B (Residential District) to R-3-A (Multi-Family Residential District) classification; · NOW THEREFORE, BE IT ORDAIN.ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWoa>, COLORADO: Section l. The zoning of the hereinafter described pl:opej:ty, located wi~iain ~he City of Inglewood, Colorado, is hereby changed from R-1-B (Residen- tial District) to R-3-A (Multi-Family Residential Di strict) classification, to-wit: Two blocks, bounded by West Belleview Avenue, South Cherokee Street extended, West Grand Avenue extended and South Acoma Street described as follows: That part of SE! of the SWi of Section 10, Township 5 South, Range 68 West of the 6th P.K., formerly known as Blocks 6 and 7, Harlem Subdivision Second Filing, now vacated, Arap ahoe County, Colorado. I I I I I I I Section 2. The City Council here by finds, determines and declares that the hereinabove change in zoning is justi fie d by the public necessity, convenience, general welfare and good zoning practices and that this ordinance is necessary for the immediate preservation of the public peace , health, safety and convenience. Section 3. In the o pini on of the City Council an emergency exists; therefore, this ordinance shall take ef f ect and be in force from and after its final passage and publication. Passed on First Re adin g by t he City Council of the City of Englewood, Colorado, this 16th day oI June, A.D. 1 95 8 , and ordered published in the Englewood Herald and Enterprise. llayor ATTEST: J. L. Barron City Clerk Councilman Braun moved ) McLellan seconded ) that th e Bill just read be passed on First Reading and ordered published in the Englewood Herald and Enterprise. AYES: Braun, Brownewell, Graham, Hill, K:.;·eiling, McLellan, Woods and Scott. NAYS: Martin. ABSENT: None. • • • • • • * * • The following Bill for an Ordinance was presented and read in full. A BILL FOR AN ORDINANCE RE ZONING THE FOLLOWING DESCRIBED PROPERTY FROM M-1 (INDUSTRIAL DISTRICT) TO M-2 (INDUSTRIAL DIST RICT): APPROXIMATELY 4.7 ACRES ON THE EAST SIDE OF THE SOUTH PLATTE RIVER WITH A FRONTAGE OF ABOUT 600 FEBT ON SOUTH PLATTE RIVER DRIVE, THE SOUTH BOUNDARY OF WHICH IS APPROXIMATELY 820 FEBT NORTH OF WEST HAMPDEN AVENUE, ARAPAHOE COUNTY, COLORADO. ''The Planning Commission disapproved the rezoning of the above property May 8, 1958." Councilman Woods moved ) Graham seconded ) that the Bill be passed on First Reading and ordered published in the Englewood Herald and Enterprise. AYES: Brownewell, Martin, Graham, Hill and Woods. NAYS: Braun, Kreiling, McLellan and Scott. ABSENT: None. Since the above is an appeal from the Planning Commission decision it must carry a two-thirds majority. Therefore the Mayor declared the motion lost. • • • • • • * * * The following Bill for an Ordinance was presented and read in full. A BILL EOR AN ORDINANCE AMENDING ORDINANCE NO. 45, SERIES OF 1955, KNOWN AS THE "ZONING ORDINANCE OF THE CITY OF ENGLEWOOD" BY ADDING THERETO A NEW SECTION 2 (f) OF ARTICLE VI, PROVIDING FOR LIMITATIONS ON THE LOCATION OF FILLING STATIONS WITHIN THE CITY OF ENGLEWOOD, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD·, COLORADO: Section 1. Ordinance No. 45, Series of 1955, of the ordinances of the City of EngleWood, Colorado, known as the "Zoning Ordinance of the City of Engle- wood", is hereby amended by adding thereto a new Section 2 (f) of Article VI, providing for limitations on the location of filling stations within the said city, which shall read as follows: "2. (f) Filling stations shall not be placed within 500 feet of an entrance to a school building or playground, nor within 500 feet of an existing filling station property line, except that where a median strip is installed, the 500 -foot requirement shall not apply to filling stations located on opposite side of the street in which the median strip exists.• 87 88 Section 2. The City Council hereby finds, determines and declares this ordinance is necessary for the immediate preservation of the public peace, health, safety and convenience. Section 3. In the opinion of the City Council an emergency exists; therefore, this ordinance shall take effect and be in force from and after its final passage and publication. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 16th day of June, A.D. 1958, and ordered published in the Englewood Herald and Enterprise. Mayor ATrEST: ci-iy-Cl.erk Councilman Braun moved ) Hill seconded ) that the Bill just read be passed on First Read- ing and ordered published in the Englewood Herald and Enterprise. AYES: Braun, Martin, Graham, Hill, Kreiling, and McLellan. NAYS: Brownewell, Woods and Scott. ABSENT: lfone. • • • • • • • • • Councilman McLellan was excused at this time. • • • • • • • • • The City Attorney spoke regarding parking exemptions for service trucks, and after discussion, Councilman Hill moved ) Graham seconded ) that the same be referred to the City Manager for his recommendation. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, Woods and Scott. NAYS: None. ABSENT: McLellan. • • • • • • • • * The City Attorney spoke regarding pigeon control and stated that the party offended must file a complaint and that the offense is covered by ordinance per- taining to fowls. • • • • • • • • • The following resolution was presented and read. RESOLtrl'ION WHEREAS, Ordinance No. 1 0 , Series of 1957, establishing assessments for the various properties within Paving District No. 6, includes an assessment of $2,259.42 for Plot l, Block 8, F. P. Gumaers Broadway Heights, in the City of Englewood, Colorado; and WHEREAS, subsequent t o the completion of the assessment rolls, a part of the described property was sold and transferred; and WHEREAS, the original owner desires to have the assessments re-appor- tioned to the four descriptions as now owned; NOW, THEREFORE, BE IT RESOLVED, that the original assessments a,sainst Plot 1, Block 8, F. P. Gumaers Broadway Heights in the amount of $2,259.42 be stricken from the assessment rolls for Paving District No. 6, and the following assessments be entered therein, and in lieu of the original assessment. ORIGINAL ASSESSMENT Garrett, Rex T. & Martha Ann, Plot 1, Block 8, F. P. Gumaers Amount Broadway Heights $2,2 5 9.42 REVISED ASSESSMENT ' Selby, Jay D. The North ' 75 ft. ox plot 1, Block ' 8 , F. P. Gumaers Bdwy. Amount ' Heights $564.86 I I I I ., I I . I I ORIGINAL ASSESSMENT Amount REVISED ASSBSSllEMT Amount 'tOO'AL $2,259.42 Maerz, Pearl E & Reuben, The South 75 ft. of the North 150 ft. of Plot 1, Block 8, F. P. Gumaers Bdwy. Heights Maerz, Pearl E. & Reuben, The South 75 ft. of the North 225 ft. of Plot 1, Block 8, F. P. Gumaers Bdwy. Heights Garrett, Rex T. & Martha Ann, The South 75ft. of Plotl, Block 8, F. P. Gumaers Bdwy. Heights TOO'AL $564.85 564.85 564.86 $2,259.42 The County Treasurer of the County of Arapahoe, Colorado, is hereby authorized and directed to make the proper corrections and revisions accordingly in the .assessment rolls for Paving District No. 6. Councilman Braun moved ) Kreiling seconded ) to approve and adopt the above resolution. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, Woods and Scott. NAYS: None. ABSENT: McLellan. • • • • • • • • • The City Manager stated that Mr. Ambrose was satisfied with 3 hour parking and that the necessary papers could now be prepared. Councilman Graham moved ) Martin seconded ) that the City Attorney in cooperation with the Attorney for Ambrose Williams Company, prepare the amendment to the lease. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, Woods and Scott. NAYS: None. ABSENT: McLellan. • • * * * * • • • The City Manager presented copies of the audit for 1957 as prepared by Dale M. Holben Company to each of the Councilmen. Councilman Hill moved ) Brownewell seconded ) to receive the audit and asked that llr. Holben make his report to the Council on July 7, 1958 • AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, Woods and Scott. NAYS: None. ABSENT: McLellan. • * • • • • • • • The City Manager stated that the Bids received on Paving District No. 8, had been tabulated, and that his recommendation was that tbe contract be awarded to Peter Kiewit Sons' Company at the Bid price of $228,952.53 theirs being tbe lowest and best bid. Councilman Brownewell moved ) Martin seconded ) that the contract be awarded to Peter Kiewit Sons' Company. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, Woods and Scott. NAYS: None. ABSENT: McLellan. Councilman Braun moved ) Hill seconded ) • • • • • • • • • that the question of sewage disposal service to the City of Sheridan tabled earlier in the meeting be raised from the table. AYES: Braun, Brownewell, Martin, Gr aham, Hill, Kreiling, Woods and Scott. NAYS: None. ABSENT: McLellan. After discussion of the above question, Councilman Braun moved ) Hill seconded ) to table the motion. AYES: Braun, Brownewell, Martin, Graham, Hill, Woods and Scott. NAYS: Kreiling. ABS~NT: McLellan. • • • • • • • • • Mayor Scott gave a report on the Municipal League held in Colorado Springs, June 11, 12 & 13, 1958, the City of F.nglewood was given an award for traffic safety. • • • • • • • • • The Mayor gave a report regarding the ~nglewood, Littleton Sewage Disposal Service. Tbe Mayor appointed Martin, Graham and Woods to make a study of re-appor- tionment. • • • • • • • • • There being no further business to come before the Council, Councilman Braun moved ) Hill seconded ) to adjourn. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, Woods and Scott. NAYS: None. ABSENT: McLellan. • • • • • • • • • Tbe minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 16th day of June, 19 5 8 A.~., stand approved as wsi~te* tbis 7tb day of July 1958, A. D. ATTBST: w~ ·7 yty ClerK 1 · I I I