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HomeMy WebLinkAbout1955-08-01 (Regular) Meeting MinutesI REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO HELD MOODAY EVENING, AUGUST lat 1955 AT 8:00 P.M. '. Mayor Weigand called the Meeting to order and asked for Roll Call: Present: Bodan, Cushing, Parker, Purcell, Rapp, Robohm, Weigand and Wright. Absent: McCabe. Councilman Roboh!Tt Moved, Wright,Seconded, to approve the minutes of the previous meetings or July 5, 11, 1 8 and 26th as written. ROLL CALL: Ayes: Nays: Absent : Bodan , Cushing, Parker, Pu rcell, Robohm, Weigand and Wright. Rapp. McCabe . Hearing vas held for the annexation of Belle Isle Garde ns Tract A. There were no protests. There was presented and read a Bill for annexation of Tract A, Belle Isle Gardens. BILL FOR AN ORDINANCE APPROVING THE ANNEXATI CJN OF THE PRCJPERTY HEREINAFTER DESCRIBED TO THE C'ITfYOF !NGl.NJOD, COLORADO, AND AN NEXING SAID DESCRIBE D PROPE RTY TO TilE CITY OF ENG~OD, COLORADO, 'IO-WIT: LOT A, BELL ISLE GARD~NS SITUATE IN ARAPAH OE CuUNTY. COLORADO. BE IT ORDAINED BY THE CITY COUN CIL OF THE CITY OF ENGLEWOOD , COLORADO: Section 1. That a petition signed by the owner of one hundred (100%) per cent of the territories herein described as: Lot A, qell I sle Gardens, Arapahoe County , Coloradoi was properly filed re- questing the amtexation of said territories to the City of Bnglewood, Colorado. Section 2. That there are no resident landowners residing in said territory. Section ). That said petition was in conformity with Chapter 139, Article 11, Colorado Revised statutes l953, and that said petition was acce pted in accordance with statute by resolution, and that publication of notice of acceptance has been made in accordance with law, and no counter- peti tions have been filed. Section L. That said herein described parcel or parcels of property be, and they are hereby, declared annexed to the City of Englewood, Colorado, and are hereby made a part of said City, pursuant to Section 3, Chapter 13 9 , Article ll, Colorado Revised Statutes 1953, Section 5. 'lhe City Council hereby finds, determines and declares this Ordinance is necessary ?or the innediate preservation of the pu blic peace , health, safety and convenience. Section 6. In the opinion of the City Council an emergency eXists; therefore, this Ordinance shall take effect and be in force f'rorn and after its final passage and public~tion. PASSED on First Reading by the t;i t y Council of t he City of Englewood, Colorado 1 the day of ugust , 1955, and ordered published in the Englewood Herald and Enterprise. IJ~ GUity~ Mayor · ATl'EST: City Clerk CouncillTls.n Robohm, Moved , Wright, Seconded, that the above Bill be passed on first reading and ordered it p·1bliehed in the Englewood Wnterprise. ROLL CALL: Ayes: Nays: Absent: Bodan , Cush i ng, Parker, Purcell, Rapp, Rob ~hrn, Weigand and Wl-ight. None. McCabe . Hearing was held for the rezoning of Lots 29-32 inclusive, Block 16, Wollenweber Broadway Heights, Second Filing frCJl'l R-3 to C-2 and Lots 33, JL, 35, 36 and the South 20 feet of Lot 37, Block 16, Wollenweber Broadway Heights Second Filing fran C-1 to C-2 for the construction of Motor courts. Also Hearing was held for Lot s 17-2L i ool·is i ve , Block 5, Lo gand a le fran A-1 Fann Residence District to R-1 Residence Di.s trict. '!he re were no protests• There we e pre se nted ~nd read the following bill. I FOR AN ORD I NAN CE ENTITLED: AN ORD I NANC E AMENDING ORD I NAr£E S NO. 3, SERIFS OF 19LO, OF THE CITY OF ERGLEl«)(;D, COLORADO , DTITLED: "AN ORD I NANCE FCJR ZuNING THE .CI1Y OF ENGLEWOOD, ro REGULA TE THE LOC AT I ON, AP PEARA NCE , SI ZE , CHA RACT ER AND USE OF BUl LBINGS HERE /\F.l'ER ERF.CTED OR ALTT:RED, AND FOR SA I D PU RP OSES TU DI VIDE 'Llm CITY" INTO DI STR I CTS, PRESCRIBE PENALTIES FOR 'lHE VIOLATI ON OF ITS PROVISIONS, AND '!ti PR OVIDE FOR ITS ENFORC EM ENT AND A BOARD OF ADJUST- MENT , SUCH REGULATIO N BEI NG NECESSA RY FOR THE GEN ERAL WELFARE OF THE C001UNI'IY", AND 'ffiE BUILDING ZONE MAP I N CLNNECTI 0N 'lBER!WIT H. BE IT ORDA IN ED BY THE CI TY COO NCIL OF Tll E CI TY OF ENGLEWOt :D, COLORADO:· Secti on l. 'lba.t pursuant to Section 16, 0rdinance No. 3, Series of 1940, as above entitled, and sections Land 5, Article 60 , Chapter 139, C.R.S. 1953, the property described as lots 29, 30 1 31 and 32, Block 16, Wol lenweber's Broa uwa y Heigh ts, Second Addition be, and it is here- by removed fro~ the use, hei gh t and area re guJ.at j on s of Section 5, Ordinance No. 3 1 Series of 1 9LO , "R~-Residence District Reg 1!.l ations" and the property descri bed as Lots 33 1 34, 35 and .36, and the outh 20 feet of Lot 37, Block 16, Wollenweber•s Broadway Heights, Second Addition be, and it is hereby removed fran the use, height and area reg1tl.ations of Section 7 1 Ordinance No. 3, Series of 19LO, "Cl-CC111111ercial District Regulat i ons" and said property Lots 29 to .36 inclu- sive, and the So uth 20 reet of Lot 37, Block 16, ~ollenweber's Broadway Heights, Second Addi- tion, be, and it is hereby desi gnated "C2-Comrne rcia l District" for motor court purposes sub- ject Oo t he use, height and rea re ~1 lat i ons set forth in Section 8,0rdinance No • .3 1 Series of 1940, and the Building Zone Map attached to and a part of said Ordinance No. 3, Be, and it is hereby, amende d to show the area herei nabove described as being entirely in the said •c2- Cor.nnercial District" for use, height and .., rea re gulati ons. Section 2. 'nlat pursuant to Section 16 1 Ord j nance No. 3 1 Series of 1940 1 as above entitled, and Sficti ons u and 5, Article 6o, Cha pter 13 9 , C.R..S. 1953, the property described as Lots .17- 2L inclusive on vest side of Block 5, Lo gandale, be, and it is hereby removed frcm the use, height and area regulations of Section 6, Ord i nance No. 3, Series of 19LO, "Al-Fann Residence District Regulati ons," and said property be. and i t is hereby designated as "Rl-Residence District" 1 subject to the u se, height and area regulations set forth in Section 3 1 Ordinance No • .3 1 Se r ies of 19LO exce pt that no bui l ding or l and shall be used and no building shall be here- after erected or structurally altered exce pt for use as a one family dwelling with living area of n et less than ~50 squ~re feet exclusive of garage and breezeway, with lot area of not less than 7200 square fee t ci nd mi nimum frontage of 6o feet and that the Build i ng Zone Map attached to and a pa rt of said Ordinance No. 3, Series of 194 0 1 be, and it is hereby amended to show the property herein desc r i bed as being enttrely i n said "RI-Residence District" for use, 8eight and area r e gulations exc eot as h e re i n set forth . Secti cn J. That all requirements concern; ng no t ice and he ar i ng have been accomplished in accordanc e with Statu te. Secti on L. The City Council finds, determines, a.nd de cl -i res that t his ordinance is necessary for the immediate pre serva t i on o f the public pea ce, he a lth, safety and convenience. Section 5. In the opinion of the Ci ty Council a n em ergency exists; therefore, this ordinance shall take effe c t and be i n force from and a fter i ts · final passage and publicaticn. Passed On First Reading by the City Counc i l of the Cit y of Englewood, Colorado, the -~ day of August , 1955, and ordered published i n the Englewood Herald and Enterprise. ATTEST: &:1or City Cle rk Councilman Purcell, Mo ved, Rap ~, Seconded, that t he above Bill be passed on first reading and or dered ~b­ lished in the Englewood Enterprise. ROLL CA LL: Ay es: Boda.n, Cu shi ng , Parker, Purce ll, Rap p , Robohm, Weigand and Wright. Nays: None . Ab sent: McCabe. r. Garrett presented petition and plat f or anne xa t ion of ~he following described territories: All of that portion of Section 91 Towns hip 5 South, Range 68 West of the 6th P.M. Arapahoe County , Colorado, whi ch includes all of Blocks 5, 6, and 7 of F. P. Gmnaer•s Broadway Heights , and those po rtions of t he s t re ets adj oining said blocks not previ ously annexedJ also all of lot s 14 through 48 incl usive in Bell I sle Gardens and t he streets and road- ways ad joining s aid lot s no t previously anne xe d , WGether with t.11at unplatted -land lying between said lots 14 t hru 48 and the FAsterly right of way line of the City Ditch. I I I I Councilman Parker, Moved, Rob ohm , Seconde d, to receive the above plat, notice be published and hearing be held Tuesday, September 6th. ROLL CALL: Ayes: Nays: Absent: Borum, Cushin 5 , None. McCabe. arker, Purcell, Rapp, Robohm, Weigand and Wright. Mr. M. A. Adam son petitioned for t he rezonjng of Lots 3L-39 inclusive, Block 7, Logandale, from the present Agriculture to Special M-1 District. Councilman Wright, Moved, Purc ell, Sec onded, that the above petition be accepted and Notice be published heari ng to be held September 6th. ROLL CALL: Ayes: Nays: Absent: Boclan, Cmsbing, Parker, Purcell, Ra pp, Robohm, Weigand and Wright. None. McCabe. Mr. Reese presented a plat known a s Qu i ncy Acres whi ch was a porti on of an area recently armexed and the following P.esolution was presented and read: R E S 0 L U T I 0 N ~EA S, Rex Y. Reese, owner of an annexed unplatted area, a portion of the corporate area of the City or Englewood, Colo rado, desires to su bdi vide a nd plat 'into lots and blocks, under the name and style of Quincy Acres, described as follows: l Part of the NEt of the tm;" of Section 9, To wns hip sft ti:.nge 68 West of the 6th P .M. described as follows: Beginning at a point )0 feet So u th of the North line and 472.30 feet West or the East line of said NEt of the NEt said point be i ng the i.ntersection of 1he South line of w. Quincy Ave nue with the Weeterly right of way l ine of the City D:ttch; ('!he right of way l ine herein described is 1 5 feet Weste ·ly or on the down hill side of the center line or the presentl y existj ng di tcg); thence a.l ong said ri ght of way So uth 23°2L 1 East 73.12 feet to a point; thence South 26 25' West LL.33 feet to a poi nt; thence South 59°1.0• West 79.13 feet to a point; thence Sout h JL 0 Jo• West 60 feet to a point; South 27°431 :East 150.8 feet to a point; thence South 6°32' East 131 f eet to a point; thence South 34°32• East 60.93 feet to a po int; thenc e ~on th 72°55 1 Eas t 167 .08 f eet to a point 286 feet West of the East line of aforesaid NE i or NE~ of Section 9, t he nce So uth and parallel with said East line 313. 7L feet to the Northerly right of we.y line of the City Ditch; thence following said right of way North 32°111 West 125. 76 feet; thence North 78°58 1 West 203.17 feet; thence North 71°001 West 116 •• reet; thence North J9°Jo• West 77 .0 feet to a point 66o feet South of the North line of aforesaid .NE t of NF.! of Section 9J thence North 890L8• East 51.6 feet thence North .3.30 feet; thence South 89°L~• We st 260 feet; thence North JOO feet to the Sooth line of West Qui ncy Avenue; thence North 89048• East along said South line 447.70 feet to the point of beginning. WHmEAS, said plat sets forth all matters requ i red by the provisions of Chapter 139, Article 18, Colorado Revised Statutes 1953; and .ml&AS, said Rex Y. Reese has by sai d pl at dedtcated to the perpetual use of the public the street and alley area s ~own therein. NOW, THEREFORE , BE I T RES OLVED, that pursuant to Cha pter 139, Article 18, Colorado Revised Statutes 1953, the City Council of the City of Englewood, Colorado, does adopt the plat afore- aentioned with building restrictions there j n; c ons ent s to the designation of said area therein b7 the name "Qui ncy Acres" and accepts the d e dicated street and alley as shown thereon. jj~ r;. uu;_'f ~ ATTEST: -u-M&i(J -, PASSED and AOOPTED by the City Council of the City of Englewood, Colorado this da7 of August, • D. 1955. - Councilman Bodan, Moved , Robohm, Seconded, that the above Resolution be adopted. ROLL CALL: Ayes: Nays : Absent: Bodan, Cush : ng, Parker, 'Pu rrell, Rapp, Robohm, Weigand and Wright. None. McCabe. Mr. Marti n Esch presented a letter requesti ng permission to tap onto a private sewer line at Amherst and flnerson and after discussion, Councilman Cushing, Moved, ·Purcell, Sec onded, that the abov e request bet abled for further study. ROLL CALL: Ayes: Nays: Absent: Bodan, Cush i ng, Parker, Purcell, Rapp, Robohm, Weigand and Wright. None. McCabe. The hearing for the application f or liquor license for the Plantation Restaurant owned and operated by Mr. Joe s. Tenderich, which VlS held over from the meeting of Juliy' 26th was reopened. City Attorney Richard Banta hav i ng preps.red a written opinion read the opinion at thi s time. (Copy in clerk's file.) Atton19Y Earl Hower representi ng Mr. Tenderich spoke briefly referring to similar situations. Mr. M. r:. Summers also spoke briefly against theissuance of thelicense. Councilman Robohm wh o bad not attended the prettous heari ng, uked to be excused at this time. Councilman Ra pp, Moved , Purcell, Seconded, to grant t he Ho tel-Restaurant liquor license. ROLL CALL: Ayes: Boden, CU8h i ng , Pu rc ell , Rnpp, Weigand a.nd Wright. Parker. Nays: Absent: McCabe and Rob ohm. Ayes: Six Nays: One Absent: Two Councilman Robohm entered ?nd was seated with the Council. Councilman Cus hi ng asked to be excused at this t i~e. City Manager Leslie Rudd made a report on the pD.V i ng district. Attorney Richard L. Banta made a report on the fol l owing: Stated no new developnent on the Columb i.ne Country Club Sever District. A report on the Robinson Clay and Mi ni nrr lease. The proposed sewer agreemente for outside sewer districts. Made a re port on the re pl.ys he had :received frc:mt the Colorado Senators and Cong:resmnen regarding action taken by the Council on the pending legislation which would exempt producers of na,tural gas f'rorr. public utility regulation as natural gas ccmpanies. {Replies in Clerk's file.) City Manage r I.eelie Rudd presented approved clai.ms on the following fundss ter Department Fund General Fund Sewer Uistricts F\J.nd Disposal Plant Fund $32,134.74 24,231.38 227.50 2,001.50 Councilman Bodan, Moved, Wrirrht, Seconded, thnt the above claims be paid. ROLL CA LL : yes: N8.J8t Absent.I Bod.an, Parker, Purcell, Rapp, Robohm, Weigand and Wright. Nroe. Cushing and McCabe. I I I I 'fttere be i ng no fur t her bus i ness t o come before the ~ouncil, Counoil.ma n Ra pp , Mo ved, Purcell, Seconded, to adjourn. ROLL CALL: Ayess Bodan, P arker, Purcell, Rapp, Robohm, Weigand and Wright. Nays: None. Absents. Cushi ng and McCabe. 'Ille Cwnc i l adjourned at 10:10 P .M. 'ftle m.aute~ of the Re gu lar Meeti ng of the City Council of the City of Englewood, Colorado, held t hi s Monday , the 1st day of August, '.D. 1955, stand approved as -,_.y-i# thi s "Tuesday, Se p tember 6, 1955, A.D. Jj_4J)M,t_Q .\.112A~a.O ATI'ES T: . J---MtJ ~ dl~~--~ -~ ~ty .CIE!Pk