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HomeMy WebLinkAbout1962-11-05 (Regular) Meeting MinutesRBGULAR MBBT::tltG: COUNCIL CBAMBBRS C::t"l'Y OP BHGLBWOOD, COLORADO BOVIMBBR 5, 1962 The City council of th• City of Bn9lewood, Arapahoe County, Colorado, met in reqular ••••ion on Monday, Rovember 5, 1962 in the Council Chambers, City Ball, Bnglewood, at the hour of 8:00 P.M. Mayor Brownewell pre•iding called the meeting to order and the invocation wa• 9iven by Major Brik swan of the Salvation Army Temple. Th• Mayor ••keel for roll call. Upon the call of the roll, the following peraon• were present: Councilmen: Braun, Love, Mile•, Parker, Smukler, Wood•, Brownewell. Alao Pr•••nt: City Manager Dial, Ab•ent: Rone. City Attorney B•ch, City Clerk Beau•ang, City Bngineer Davie•, Planning Director Roman•. The Mayor declared a quorum pre•ent. 622-2 CORSIDBRATION OF COUllCIL MillUTBS COURCILMA!I 8RAUR MOVBD, COUllCilltAN PARKBR SBCOllDBD, '!'BAT '1'HB COUNCIL MINU'l'BS OP OC!OBBR 15'1'8 BB APPROVBD AS WRIT'l'BN. Upon the call of the roll, the vote re•ulted •• follows: Aye•: Councilmen Braun, Love, Miles, Parker, Smukler, Wood•, Brownewell. Ray•: Rone. Ab•ent: None. Th• Mayor declared the motion carried. 622-29 PUBLIC HEARING ON ZONING OP KLZ SITB TO C-3 CCIUIBRCIAL ZONE . COUHCILMAR PARKER MOVBD, COUNCILMAN LOVB SBCORDBD, 'l'HAT 'DIE PUBLIC HBARDIG OS A PROPOSBD BILL POR AN ORDINAHCB ZOSIRG A TRACT OP LARD APPROXIMATBLY 55 ACRBS DT ARB.A, OWHBD BY TIMB-LIPB BROADCAST, IllC. ARD DBSCRIBBD IN ORDINANCE llO. 17, SBRIBS OF 1962 ANNBXIllG '1'HE SAID LARD, AS C-3 BUSDlBSS DISTRICT ZONB CLASSIFICATION BB OPBNBD. Upon the ..call of the roll, the vote re•ulted as follow•: Aye•: eounc ilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Ray•: Rone. Ab•ent: Rone. The Mayor declared the motion carried. The Mayor announced that due to the lar9e crowd the Fire Chief and other officer• of the Fire Department were pre•ent to make •ure that aisle• and other exit waya were not blocked by thoae person• pr•••nt for the hearing and a•ked that tho•• present to cooperate with th••• officer• in the performance of their duty. The Mayor aaked that those favoring the propoaed zonin9 pre•ent their in- formation. Mr. Alex B. Holland, 601 Oneida Street, Denver, counael of Time-Life Broadcaat, Inc., owner of the KLZ transmitter site and Counael for the deve- loper• of the •hopping center project which ia planned for the transmitter aite, read a prepared atatement setting forth the backqround of the requeated ~ning under conaideration at this time. Copy of •tatement in file in City clerk'• Office under •A-11/5/62-8:52 P.M." In connection with the above atatement, Mr. Bolland introduced as an exhibit his atatement before the Bn9l9WOOd City Plannin9 and Zoning Commiaaion on September 20, 1962 .marked 1-11/5/62-8:30 P.M. Mr. Gerri Von Prellick, of Lakewood, COlorado, developer of the prppoaed Cinderella City Shopping Center to be erected on the KLZ aite, apoke in behalf of th• zoning application. ·1 I I .. I I I I II. . ii Minute• of November 5, 1962 Mr. Von Frellick ap9ke of the pre•ervation of zoning integrity as being important but expressed the view that the integrity of the entire City, of the City Council, and of the individual• involved, wa• of greater coneern in his opinion. He wondered how individual• not in the bu•in••• of developing •hop- ping centers could •et them•elv•• up a• expert• a• to the proper location of tho•• centers, the amount of bu•ine•• that a center located in that location would draw and other technical matters. Be •tated that he ha• such experience accordingly muat know that the location and project i• correct before he in- ve•t• hi• own money. Bi• judgement and hi• deci•io'n• are in effect reviewed by each bu•ine•• man when he conaita himself or hi• company to a 20 or 30 year lea•e in the propo•ed center. Be •tated that similar projects throughout the country have not reduced the valu.e of the adjoining property but have increa•ed tho•• properties and accordingly he had offered to purchase home• at co•t plus 25 per cent. He •tated that only three peraona had accepted thi• offer out of perhap• 100 who would be eligible to do so. Be atated that in connection with the development of the •hopping center a neighborhood drainage problem west of the site would be •ub•tantially corrected by the storm drainage faciliti•• in•talled by the developer. Be •tated that traffic will be channeled, controlled and limited to exist- ing arterials and feeder street• in the area. Be •unaarized by stating that he wa• relying on the City Council and its agent• to render a decision ba•ed upon the merit• of the propoaal rather than emotional argwnents or display•. Mr. M. M. Sunmera, 3140 South Delaware, •poke in favor of the zoning. Be •tated that none of the market• of the City repr•••nt a complete market in Bngl9WC>od, the central buainea• di•t~ict is deficient in good quality stores. 'l'he proposed shopping center would meet this need. Be remarked further that the City has no public transportation nor adequate hotel. Be remarked that he felt Englewood was entitled to be a complete City. Be urged the City Council to approve :; the requested zoning. Mrs. Beverly Basset, 3809 South Broadway, appke in favor of the proposed zoning. She expressed the view that only dissenters were present. Most of the residents of Englewood are in favor of the shopping center but do not come. She expressed the view that the propo•ec:l shopping center will be an asset and not a detriment to the surrounding property owner•. She stated that she had lived in a residence immediately adjoining a •imilar center in Phoenix and that it did not effect the value of her property but wa• a matter of great convenience to her. She stated that it appeared to her that a minority group was holding back progress on unfounded fear• and •u•picion•. She emphasized that the City needs the additional tax ba•• a• well a• the school district in the suburban area due to a recent change of apportionment , formula. The pre- sent population growth of the area will ju•tify and demaiil the center be con- structed. She expressed the view that other bu•ine••es will come into the Bnglewood area as a result of an increa•ed a••••mnent valuation and a corres- ponding reduction of the tax levy in Bngl.wood. Mra. Benjamin T. Baker, 3342 South Ogden Street, atated that she was a houa.wife with five children, •he waa active in her •chool and community. She •tated that •he lived in Frog Hollow and •incerely believed that the sto~m drainage program proposed in connection with the development of Cinderella City will •olve their drainage problem. The Mayor asked if there wa• anyone el•• to •peak for the zoning. There was none. The Mayor asked that tho• oppoaing the zoning •p-k. Mr. George Creamer, 928 Equitable Building, Denver, representing those oppo•ed to the zoning for a shopping center on the KLZ tranmnitter site, read a statement to the Council. See exhibit 3-11/5/62-9120 P.M. In connection with the above atatement he introduced a tranacript of the 9ublic Bearing before the Planning and Zoning Colllni•aion of the City of Bnglewood held on September 20, 1962, relating to this zoning reque•t. Thi• tran•cript is marked 2-11/5/62-9:10 P.M. Be al•o requested that all of th• paper• and exhibit• prepared and filed for preaentation at the hearing before the Planning Collllli••ion be introduced into the hearing before the City Council. Be presented three pictures to the members of the Council, indicating the number of persona outside of the Council Chambers. These pictures were marked 4-11/5/62 -9125 P.M. Be commented, after reading hi• prepared •tat .. ent, that those in opposi- tion are commi•sioned to fight the zoning for and th• erection of shopp.ng center *ntil the end. Be objected to the location for the •hopping center aa there was no north-south acceaa into the center and that Baat Hampden Avenue or State Highway No. 70 was inadeq~te to ••rve. Be •poke further of the inadequacy of atorm drainage and empha•ized the problem of atorm drainage must be recognized and studied a• an over-all city problem rather than as a neighbor- hood problem. Minutes of November 5, 1962 He stated that the location i• not suitable and can only result in des- truction of the value and perhaps the actual residences adjoining it. Mr. James P. Murphy, 2001 Bast Ployd Avenue, spoke against the zoning. Be stated that in hi• opinion all of the action of the City Council in annex- ing aa well as the proposed zoning to C-3 district were irregular and special legislation. He stated that in spite of an~thing to the contrary the zoning by the county at the time of annexation to the City waa R-2 residential which zoning allowed single family dwelling units. The actual uae of the land waa not connercial aa the KLZ transmitter site waa relocated near Welby and opera- table on July 10, 1962. Accordingly the land waa not used for connercial usage, if radio tranamiaaion ia coanercial usage, aa of the effective date of it• annexation to the City of Bnglewood. Submitted into the record• copies of Ordinance No. 7, Seri•• of 1962, a letter from the Arapahoe ceunty Planning Colllmiaaion signed by Lee R •. Woolaey, Planning Director dated the 2nd of Bovember, and a letter from the Federal coaaunicationa conaisaion signed by Andrew Bahlay, Bngineer in Charge, dated Bovember 1, 1962. Th••• paper• bear file Bo. 5-11/5/62 -9140 P.M. councilman Smukler inquired about a atat-ent by Mr. Creamer relating to a predetermination by the City Council on this matter. Mr. Creamer stated that aa a result of a polling action and previous votes of the members of the City Council on this matter he felt that council waa coaaitted to approval of the proposed zoning, that each aide waa simply playing out a stacked deck of cards relating to a decision by a court. Councilman Smukler stated that Mr. Creamer was indulging in a pastime of jumping to con- clusion• and, as ao often happeas, they were the wrong conclusions. Mr. John G. Welles, 3602 South Gilpin Street, spoke against the proposed rezoning. Be read a statement addressed to the City council analyzing the inaccuracies and omissions in the minutes of the Planning COnaiaaion dated September 27, 1962, aa well aa its findings and reconnendationa aa adopted on October 4, 1962. Statements on file under Bo. 6-11/5/62 -9150 P.M. He stated that on behalf of the Northeast Bnglewood Citizen• Conmittee he had prepared an analysis of the new report• •ubmitted to substantiate the request for C-3 zoning before the Planning COnaiaaion at ita meeting of 8epteaaber 20, 1962. Thia analysis of the report• and their deficiencies waa never an.wared or acknowledged. Mr. Welles objected to and commented upon the aetion of the Planning Coallliaaion in diareqarding reports which were submitted by other• than the developer• and applicants. RBCBSS The Mayor called a race•• of the City Council until 101 15 P.M. CALL TO ORDBR The Mayor called the Council to order at 10120 P.M. with the following membesa preaent: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. I I The Mayor declared a quorum present. I Mr. Blake Hiester, 3600 South Gilpin Street, spoke against the proposed - zoning. He stated that zoning integrity i• involved in the entire State of COlorado, if any area ia able to rezone for a profit motive that that zoning i• contrary to the public interest. Be stated that atat-enta made by the opponent• indicating that the ability to lease sites in the shopping center aa justification for that shopping center and it• desirability should not be a bases for justification. He requested that the City Council not permit deve- lopment of the KLZ site. Mr. Martin Deuth, 2201 Bast Floyd Avenue, Chairman of the Northeast Bnglewood Citizens Colllnittee spoke against the zoning. Be stated that the Eesidents of the Northeast Bnglewood area were steadfast and aincer• .. in their opposition of the shopping center aa being a right thing but in the wrong place. Be stated that the action of the City Council has been special interest leqialation to allow special privilege• to a particular group. Be submitted into evidence a copy of hi• letter to the Bngl.wood Planning and Zoning Comniaaion dated September 19, 1962, hi• letter to the Englewood Planning and Zoning Conaiaaion, dated September 20, 1962, which was a letter of trana- mitUl for a report by Mr. John G. Welles to the Rortheaat Bnglewood Citizens C011111ittee, dated September 20, 1962, analysing the report• prepared and sub- mitted. in connection with the 1962 application of Time-Life Broadvast Company for rezoning of the KLZ site from residential to commercial uae. These reports bear Bo. 7-11/5/62 -10:30 P.M. He used an areial photograph to show the extent of residential use which characterized the use of the land surrounding the KLZ aite. He emphasized that the residential development of the open land waa anticipated and crelied upon • ;I I I I 11 Minute• of November 5. 1962 by thoae living in home• aurrounding the aite. Be aubmitted petition• in oppoaition of the C-3 zoning bearing a total nwaber of aignaturea of 1.015, all of which were aecured after the poating of the property. B• analyzed the petition• aa to the location of the reaidenta. Be e .... rked in the Planning COlllli••ion minute• th• Conni••ion noted that there waa no petition in oppeai- tion entered. Be atated that the Commiaaion had been told that th••• petition• were being circulated and would be submitted to the Council. Mr. Deuth aaked Councilman Smukler if he had hi• hou•• under contract for aale. The Mayor atated that the Councilmen did not need to anawer the matt~~•• it was outaide of the conaideration of the public hearing. Mr • .. uth stated that th• matter of repreaentation for tho•• reaiding in &ortheaat Bnglewood ia important and if the Councilman from that diatrict i• anticipating a move from the district it do•• affect them. Mr. De•th atated that 54 per cent of the people eligible to legally aign a counter petition have signed the petition• in oppoaition to the propoaed zoning and referred to the recent denial of a • .,.. .. n• requeat repr•••nted by Mr. Summer• due to the oppoaition of the neighbor•. B• remarked that h• hoped that this represented a new aensitivity of the Gouncil to the deaires of the residents concerned by •oning. Be stated that tho•• who promote. develop and conatruct a aubdiviaion or •hopping center then move out cannot aerioualy conaider the intereata of the City of Englewood or any other locality in their efforta. Accordingly the drainage requirements. traffic problem•. and detriment to the real pr .. perty valuation in the area are no real concern to the developer and whatever is done in this area will be atrictly in minimum compliance with th• require- ments of the City. He pointed out that the Comb• Report included both the ICLZ and Kent School aitea as the land to be conaidered in the •hopping center development and both sites ahould be considered by the Council at thia time. not juat the ICLZ site becauae the normal tenancy waa for commercial development to extend beyond the original boundariea. Thi• aprawl will continue until all the area bordering on the •hopping center ia coaaercial ruining a high quality neighborhood. He stated that the efforts to purchaae homea of peraona in opposition for coat plus 25 per cent is part of an ulterior deaign to aecure additional land for such commercial development at a later date. Be read a letter from Clarence Daone, 2099 Baat Floyd Place. Bnglewood. aa follows: •11/5/62 Bnglewood Council Members: (1) Do Mr. Von Frellick'a currently exiating written agreements to buy some of the homes on the Bast boundary (Race) of th• propoaed Cinderella City Shopping Center mean he plans to tear one or more of th••• homes down so as to open up Floyd Place as an entrance to Cinderella City? (2) can he tear theae hoaes down and open Floyd Place without getting conmercial zoning for the land these homes are on? (3) If the anawer to (2) above is 11 yea11 , ian't thia an.example of creeping conaercialiam and the tearing down of zoning protection for home• across the street? (4) Are preaent nearby home owner• entitled to any protection of their resi- dential property againat changing the character of the neighborhood? Bow i• the Bnqlewood Council going to protect thia maall minority of home owners? Or ia it to be 11 progreaa" at the expenae of the minority? I•/ Clarance Daone 2099 B. Floyd Pl. Bngl.wood" Be preaented liats of thoae persona preaent who aigned in proteet of the rezoning this evening. Be atated thatb)67 peraona were preaent although only a small portion of them were able to/Pr•••nt in the Council Chamber•. 'l'h••• were entered aa item 9-11/5/62 Councilman Braun inquired about duplication• in the petitions. Mr. Deuth atated that a half dozen duplicate• had been found and he had allowed for 23 duplications in hi• computations. Be emphaaised though that th••• are not duplicate• to those submitted to the Planning C:O..iaaion. Councilman Braun diacuaaed the conatruction of the Bngl.wood Dam to con- trol the flow of water down Little Dry Creek and atated that •inc• the conatruc- tion of the Dam no further flooding of th• downtown area had occurred and ex- preaaed the view that diverting the ICLZ ait• draina9e into th• Little Dry cr .. k would not preaent a problem. Councilman 81mkler explained that whether he had a contract for sale or purchaae of a house waa i-t•rial and aaked Mr. Deuth if he could produce either a realtor or a contract for a aale. Be atated that he waa not going to be the victim of continual insinuation• and inuendos. Mr. Deuth stated that he did not have anything definite but wanted to know what Mr. Smukler'• intentions were. Minutes of November 5, 1962 Mr. Joaaph F. Little, 3675 South Franklin str .. t, •poke against the pro- poaed rezoning. He presented a prot••t petition containing 90 aignaturea from peraona in downtown Bnglewood and merchant• in oppoaition to the propoaed •hopping center. See exhibit 18-11/5/62-11145 P.M. Be then atated that the Cherry Billa Planning District zoning for the JCLZ site waa in effect and such zoning waa aubatantiated by reaolution of the County Coaaiaaionera which he cited. Be atated that the KLZ aite was alway• zoned residential and the Supreme Court will decide whether any of the other uaea of the land will be permitted. Be atated that the propoaed KLZ aite zoning i• driving a wedge between the coanunitiea of Bnglewood and Cherry Hilla Village. If such zoning i• allowed it removes the laat vestige of cooperation between the two communitie• and would give the resident• of Cherry Bill• Village an occaaion to look at the question of why they should r9111Ain in Arapahoe county and pay high tax levies 11hen they could enjoy the lower levy of the City of Denver which would permit the reaidential development aa maintained in Cherry Billa Village under a pro- poaed B-Batate zone in Denver. Under th••• condition• the tax lo•• to Arapahoe County would exceed by a conaiderabl• amount the tax 9ained from having Cinderella City in Bnglewood. Be atated that a change in zoning auat be preceded by a change in a neighborhood which aupport• auch alteration of the aonin9 or a community need. He emphasized that no recent change in the land uae aurrounding the JCLZ aite baa occured which would juatify coanercial aonin9 of that •it• and that there i• no need. He preaented an aerial map which ••t out the variou• shopping and buaine•• districts available to the reaidenta of th• llortheaat Bnglewood area aa well aa reaident• of Bnglewood aa a whole 911phaaiaing the ahort diatance and period of time neceaaary to reach th••• cent.era. Be liated the distances and time• from Hampden and Franklin •~••t to the Happy canyon Shopping Center, Bngl9WOOC! buaina•• district, Dry Creek Shoppin9 center, Bvana at Downing Street aa well aa Univeraity Hilla and Univ .. aity Plaaa Shopping Center•. Th••• cen- ters he atated that there was no need for the Cinderella City Shopping Center. Be read an excerpt from the Denver Poat dated September 2, 1962, froa an article quoting Mr. Harold R. Smethhilla, Regional Director of the u. s. Small Buaine•• Administration. In thi• article Mr .... thhilla calla for the formation of local development corporation• compoaed of merchant• and civic group• in citie• up to 100,000 population to convert downtown buaine•• areas into modern •hopping maul• with broad expanaea of off-atr .. t parking area•. Thia article submitted a• 11 -11/5/62 -11:50 P.M. Th• .. P carri•• file No. 12 -11/5/62 - 11:52 P.M. Councilman Wood• aaked who drew the text of the petition circulated among the Englewood buain••• men? Mr. Little atated that he had d~awn the petition. Councilman Wood• inquired about the large tract of land zon4'!'commercially with- in th• Cherry Hill• diatrict. Mr. Little atated that the fir•t time Temple Buell act• to develop that land he would file a suit against such development a• being detrimental to the interests of the balance of Cherry Hilla Village juat a• he ia fighting the KLZ ahopping center at thia time. Mr. Robert Davison, Mayor of Cherry Hilla Village, 5 Tamarac Lane, indi- cated his oppoaition to the zoning. He atated that there waa not much left to aay other than to indicate the official oppoaition of Cherry Hilla Village to the development of the KLZ •hopping center. Be atated that it had been reported that Cherry Billa had rezoned the land owned by Buell without public hearing. B• atated that thi• waa a down- right lie and that the proviaiona of State Statute• with regard to zoning aetting forth a public hearing and other requir..anta of notice had been com- plied with and he would lite glad to preaent proof of publication• and minutes a• to that regard. A• to the property Mr. Buell own• 160 acres, 80 acre• of which waa rezoned in 1958 to allow th• develop119nt of a resort hotel and a resort zone waa created by th• Cherry Billa Planning co .. iaaion. Be atated that if thi• i• to be conaidered a comercial aone then the truateea of Cherry Billa have been taken in. There ha• been no conatruction on thia site to date. Be aaked that the Council deny the requeat for reaoning aa it will not help the area aa to it• tax value or appriaal value either. councilman Wood• inquired about the iaprov ... nt of the Clarkaon Street Bridge. Mr. Daviaon atated that Cherry Billa haa had the item in its budget for aeveral year• and it is •imply a matter of1a9Z'e ... nt on participation. RBCBSS The Mayor called a rec••• of the Council until 12115 A.M. CALL TO ORDD The Mayor called the meeting to order at 12120 A.M. with the following Councilmen present: Councilmen Braun, Love, Mile•, Parker, Smukler, Wooda, Brownewell. The Mayor declared a quorum present. I I I I ~ I I I I Minute• of Hovember 5, 1962 Mr. Harold A. Feder, 3271 South Gilpin Street, apoke in opposition to the proposed zoning. He stated that the Hortheaat Bnglewood group has greater strength than before in its opposition to the propoaed rezoning. Be asked the Council to direct its attention to Article I, Section II of the zoning Ordinance which sets out the purpo•• of zoning and its considera- tions. He reviewed how the proposed zoning of the KLZ tract violated these purposes of zoning. Be challenged Von Frellick'• right to locate a center adjoining his pro- perty, thereby effecting his right to choo•• the neighborhood in which he wiahea to live. He emphasized that Von Frellick'• offer to purchaae land was limited to sites within 150 feet of the KLZ tran .. itter site to reduce the number of legal contestants to the KLZ zoning. 'l'he citizens were not mislead. Be stated that the Council policy of acquiaition and development of com- mercial and industrial area should be abandoned and it i• not really in the best interests of the citizens of Englewood. It i• only under auch a policy that the annexation and zoning of the KLZ ait• for th• development of a shop- ping center can be justified. The Mayor asked if there were other• to apeak in opposition. There were none. The Mayor aaked that the proponent• be given a chanQe for rebuttal. Mr. Von Frellick expressed his objection• to the irreaponaible he•r•~Y arguments. He stated that such arguments are of grave concern to all. He reviewed the need for the center. atudiea clearly •how $35,000,000.00 need for shopping facilities. Thia need i• not being filled in Englewood nor in any center in the nearby area. He expr•••ed the view that the central Bnglewood business district would concern it••lf more and more with offices and other commercial buildings. He atated that th• plan• developed for Cinderella City did not include any proviaion for aprawl and that he i• only personally interested with the 55 acres included in thi• site. He atated that merchants will locate in the •hopping center becauae the market area is there. He quoted from a transcript secured from the State Highway Department where Joe Little made a statement in support of the 48th Avenue Bxpreaaway offering his sympathy with every there and that he had opposed the widening of Hampden Avenue two block north of hi• hou•• for many of the aame reasons that they were oppoa~ng 48th Avenue improv .. ent. He atated that those things that they were afraid of have not materalized and that there has been positive benefits to them. Copy of this transcript on file. He expressed his belief in the local legialative body and its authority to act. He stated that all ref1Uirement• for juatification of the zoning change have been met and that he has dealt with the City and the residents of the area and the merchants who have signed tentative committments for leasing shops in good faith. Mrs. Robert Brown, 3325 South Corona Street, •poke in favor of the re- zoning. She indentified herself as being a reaident of Frog Hollow and one of the 6,700 who aigned a petition for the center. She expressed the belief that although she was only three houses from Floyd Avenue that the traffic on Floyd Avenue would not become a problem and •h• felt the center would ·be of great advantage to her and others in the area. She liated the stores and shops located in the Dry Creek Shopping Center and Wealey-Downing Shopping center as being very inadequate and conaiating mainly of grocery •tores, barber shops, dry cleaning shops. automatic laundriea, et1~, and not adequate to meet the need of a person shopping for clothing or houaehold goocla. She alao expreased the hope of the resident• of Frog Hollow that the atorm sewer development would solve some of their probl.... She alao objected to being a resident of a bedroom city and felt that it waa very deairable for the Council to maintain an over-all policy of encouraging commercial and indua- tr ial development. The Mayor asked for argument• in rebuttal. Mr. Blake Hieater obae~ved that the Planning COlmlliaaion felt that tho•• studies.presented by Von Prellick and the proponent• were the only studies which the City ahould conaider. He atated that th• opposition is not an irresponsible action but a ateady intereat of individual• who are attempting to protect their homes from COllll\erciali••· He stated the report• pcenaented by the promotora were of themselves in conflict as Mr. Well•• had pointed and the objection• ••t forth in this analysis by Mr. Welles have not been anawered or acknowledged. Mr. John G. Welle•, atated that the report• preaented to th• Council in analyaia of the various data presented on behalf of the Cinderella City deve- lopment were carefully analyzed by him and hi• peraonal integrity i• very important. That he had never prepared a report which waa knowingly untrue in any regard. He atated that the fact that hi• analy•i• had not been anawered i• very aignificant in that it reflect• upon the integrity of tho•• who pro- duced the reports critized. Minute• of November 5, 1962 COUBCILMAN BRAUB MOVBD, COUBCILMAN 8llUKLD 8-.:0BDBD, THAT 'l'BB HBARDJG BB CLOSBD. Upon the call of the roll, the vote reaulted aa follows: Ayes: Councilmen Braun, Love, Miles, •arker, Smukler, Woods, Brownewell. Nays: None. Absent: Bone. 'l'he Mayor declared the hearing closed at 1120 A.M. The City Clerk-Treasurer reported that h• had received a communication from the City and County of Denver from James D. Braman, Jr., Director of Planning, addressed to the Bnglewood City Council with an attached letter to the Arapahoe County Planning Commission written on Bovember l, 1960 re- lating to the proposed rezoning of the KLZ aite. 'l'hia letter in the file under No. 13-11/5/62 -11:55 A.M. 'l'he City Clerk also stated that he had received a list of 52 persons present who were favorable to the rezoning of the JCLZ site to C-3. This list bears the Bo. 14-11/6/62 -12:25 A.M. CX>UBCII14AN LOVB MOVBD, COUNCIIMAN WOODS 88COllDBD, 'l'HA'l' '1'BB PROPOSBD BILL POR RBZONDJG OF THB KLZ SI'l'B BB RBAD. Upon the call of the roll, the vote resulted aa follows: Ayes: Councilmen Braun, Love, Miles, Parker, Slllukler, Woods, Brownewell. Bays: Bone. Absent: None. The Mayor declared the motion carried. Introduced as a Bill by Councilman Saukler A BILL POR AN ORDIBANCB ZONIITG TBB FOLLOWIBG DBSCRIBm> •ROPD'l'Y TO A C-3 (BUSIDSS DIS'l'RIC'l') FOR USB AS A RBGIOllAL SHOPPIIJG CD'l'D (I• ACCO&DUCB WI'l'B 'l'BB PRO- VISIOBS OF ORDil1AITCB !10. 14, SBRIBS OF 1962, AllmDDIG OUillUCB IK>. 45, SBRIBS OF 1955) PRBSBllT CI'l'r OF DfGLBMOOD ZOBIITG (ACCOaDDG TO DGLBWOOD ORDDJARCB llO. 4S, SBRIBS OP 1955) IS R-1-A, WHICH CLASSIPICAt'IOll IS RBSIDDITIAL, '1'HB SAID PROPBR'l'r TO BB ZOllBD C-3 (BUSINBSS DISftIC'l') Uim LOCATBD IN 'l'BB CITY OP B&GLBWOOD, ARAPAHOB COUN'l'Y, COLORADO, ARD BBI9G IK>U PARTICULARLY DBSCRIBBD AS PoLLOWS: A '1'RACT OP LARD LYIBG IB SBC'l'I• 35, 'l'Otlll8RIP 4 SOUTH, RANGB 68 WBS'l', IB ARAPAHOB COUNTY', DBSCRIBBD AS FOLLOWS& 88CIDlllI9G AT A POINT WBBRB 'l'BB BAST LID OP BLOCK 50, BVAITSTOB BROADWAY ADDITIO• D'l'8DSD IOU'l'llDLY Dl'l'BRSBCTS '1'BB SOU'l'B LDIB OP SBCTIOB 35, TOIOISHIP 4 SOUTB, ltAllGS 68 DST, SAID SOU'l'B LIBB BB- DIG '1'llB APPROXIMATB CD'l'BR LID OP BAS'!' BMPD• AYmUSr 'l'BDCB lfOR'l'BBRLY ALOBG '1'BB BAS'!' LID OF SAID BLOCK so TO 'l'llB llOR'l'll LI98 or SAID BLOCK so, 'l'BBNCB BAS'l'BRLY TO TBB BAS'!' LIBB OF SOU'l'H LAPAYBftS 8ft8ft, 'i'WCB lfOR'l'HBRLY ALOBG SAID BAS'!' LIITB OF SOU'l'B LAPAYBT'l'B S'l'RBB'l' TO '1'llS Ca'l'Bll LID OF BAST FLOYD AvmlUB, 'l'BDCB BASTBRLY ALOBG SAID CBllTBR LI98 or Mn' PLOYD AVDUB TO 'l'BB BAST LIITB OP 'l'llB SW J./4 SBC'l'ION 3S, TOWl18BIP 4 IOUI&, JWIGB 68 WBS'l', 'l'BBBCB SOU'ftlBRLY ALONG SAid' LIBB TO 'l'HB NOR'l'llBAS'l' co-or .,.. SB 1/4 SW 1/4 OP SBC'l'ION 35, TOWBSHIP 4 SOUTH, RANGB 68 WBST, fil'ICS M&t'BRLY ALONG '1'BB lfOR'l'B LID OP '1'BB SW 1/4 SB 1/4 SBC'l'ION 3S, 'l'OWllEIP 4 IOU'I'&, RMGB 68 WBST, TO 'l'llB 80Jl'l'llBAS'l' CORllBR OP TBB SW 1/4 SB 1/4 SBC'l'I09 35, WOWllSRIP 4 SOU'l'B, RABGB 68 WBST, 'l'IDDJCB SOUTBBRLY ALOllG 'l'BB BAS'!' LID or .... 1/4 SB 1/4 SBC'l'ION 3S, 'l'OWllSBIP 4 SOU'l'H, RAllGB 68 WBST, TO A POEl'l' W&m IAID LID IB'l'BRSBC'l'S 'l'BB llORTB RIGHT-OP-WAY LDJB OPS. H. BO. 70 (BAS'f llAllPDD AVDUB), SAID POIBT BB- IllG APPROXDIATBLY 90 PBB'l' lfOR'l'BBRLY OP '1'118 80Ui&Aft comlD OP 'l'BB SW 1/4 SB 1/4 SBC'l'IOB 35, TOWllSBIP 4 SOU'l'B, RABGB 68 WBS'f, n•r...s WBSt'DLY ALONG SAID NOR'l'B RIGll'l'-OP-WAY LINB TO A POINT WBBRB SAID LDIB Ill'l'D88CT8 '1'118 BAST LID OF TllB SW 1/4 SBC'l'IOB 3S, TOIOISHIP 4 SOU'l'B, RMGB 68 WUif, SAID POD1'1' BBIBG APPROXI- llATBLY 90 PBBT BOR'l'B OP 'l'HB SOUTH QUAR'l'BR CO-OP SAID SBC'l'IOB, 'l'llBNCB SOU'l'BWBSTBRLY ALOBG SAID RIGHT-OP-WAY LIBB OP M8t' llAllPDa AVDUB ON TBB ARC or A CURVB TO THB LBl'T, '1'BB RADIUS OP WHICH llQUAL8 783 rBft, POR A DIS'l'ANCB OP 301.4 PBB'l', THBllCB WBSTBRLY ALOBG 'l'BB llOll'l'll RIC81'1'-0r-1fAY LID OF BAST BMIPDDI AVBl1UB PARALLBL TO AND 30 PBB'l' BORTH OP ftlS 80U'1'B LID OF SBCTION 3S, 'l'OWllSBIP 4 SOUTH, RAllGB 68 WBST, TO A POift mu TBS .:>R'l'B RIGll'l'-OP-WAY LDIB OP BAS'!' HMPDBN AVBNUB IBTBRSBC'l'S 'l'HB BAST LID or SOU'l'll LU'AYB'l"l'B STRBB'l', 'l'BDICB SOUTBBRLY TO A POINT WHBRB THB BAST LI98 or SOUTH LU'AYB'l'TB STRBBT DITBRSBC'l'S 'l'BB SOU'l'H LID OP SBC'l'IC»t 35, TOWll•IP 4 SOU'l'll, RANGE 68 WBST, THBNCB WBS'l'BRLY ALONG SAID SOU'l'H LIBB OP SAID SBC'l'Imf TO '1'118 POIBT OP BBGIDING, COBTAIBDJG APPROXIMATBLY 57 .202 ACRBS. (Bill copied in full in Council minutes of October 15, 1962. was read in full for the first time. I .. I I 'fl I I I I II Minutes of November 5, 1962 COUNCIUilAH PARKBR MOVED, COUNCIIMH WOODS SBCmlDBD, THAT THE BILL FOR AN ORDIHAllCB BB TABLBD TO ALLOW CONSIDBRATIO• OP MAftllIALS SUIMIT'l'BD TO THE COUNCIL AT '1'HB PUBLIC HBARING BBPORE THE COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Mile•, Parker, Smukler, Woods, Brownewell. Haya: None. Absent: None. The Mayor declared the motion carried. Councilman Mile• stated that now that the .. tter of the zoning has been tabled he felt it proper to bring up an item and that it i• very improtant that he should do so. He stated that Mr. Well•• .. ntioned hi• concern at having hi• integrity challenged and conmented that h• felt th• •am• way as a member of the City Council. Be stated that he was sorry that llr. Creamer was not there to anawer but he had occasionally insinuated and alurred the members of the Council. Thi• evening Mr. Creamer made th• statement that he had evidence, and he would like to ask the City Attorney to verify thia, throu9h th• transcript of this meet- ing, he had evidence that the member• of th• Council had prejudged and preempted thi• hearing by making prior statements as to their opinion•. Councilman Mil•• stated that he personally considered thi• a ••riou• and alanderous statement and would like the City Attorney to verify th••• atatement• by Mr. Creamer and aak Mr. Creamer to substantiate his statement• by aworn written documents. He aaked for diacuasion among the other Councilmen on thi• matter. Councilman Parker replied that he had not been a member of the Council very long but similar actions at the hearing before the Planning Commiaaion and at the previous consideration of the matter had alarmed him. H• atated that insinua- tions were made by members of the crowd pr•••nt of th• •am• type as made by Mr. Creamer this evening. He emphasized that hi• vote waa not for sale to anyone. Councilman Woods believed he recalled Mr. Creamer indicating that four of the Councilmen who had been on the Council and voted for the matter previously would vote in favor of the bill again come"hell or high water". Councilman Wood• stated that he did ~oi£mind saying that hi• opinion has been favorable to Cinderella City and tha~did not hear new &rCJUll•nt• which changed his mind he would probably vote for the issue. He atated the only new arguments he had heard were those of Mr. Little. Councilman Love stated that the atatement by Councilman Woods would hold for himself because as a member of the Planning C:O..iaaion he had voted favor- ably on this matter but that the public hearing before the Council represented a new occasion for introduction of pertinent information and should such infor- mation bring new arguments forth that he would reconaider hi• vote. A vote be- fore the Planning Commiaaion does not commit a Councilman to a similar vote be- fore the Council. Mr. Feder spoke for Mr. Creamer in expr•••ing hi• doubt that Mr. Creamer would document his statement. The City Attorney asked Mr. Russo if he would provide him with a trans- cript of the statement• referred to as being made by Mr. Creamer. Mr. Russo felt that he could locate thoae statement• and make a tranacription. Mr. Peder objected to the sale of a part of a tranacription and requeated that the City •hould buy a copy of the transcript, commentin9 that it waa too bad that the citizens had to pay for a court reported tranacript to protect their own rights. The City Attorney asked if Mr. Feder would •tat• for th• records that he did not wiah the City to have a copy of Mr. Cr•-r' • r-rka. Mr. Feder replied that he would not ao atate abaolutely and unequivocally he would not so state and that the City Attorney could have anythin9 that he waa willing to pay for. Councilman Braun atated that if he had made any atatements or remarks as to how he would vote prior to this hearing they were all contingent upon the evidence presented. COUNCIUIAN BRAUN MOVED, COUNCIIllAN LOVS 89COllDm>, BAT TBB CITY ATTORHBr BB IHSTRUCTBD TO RBVIBW THE TRANSCRIPT OP 'IRS ftA'IWID'l'S ICAl>B BY MR. CRBAMBR AllD ADVISB 'ftlB COUNCIL AS TO ITS PROCBDUllB I• '1'118 MATl'D. Upon the call of the roll, the vote resulted as follows: Ayes: Councilman Braun, Love, Miles, Parker, Saukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. Due to the lateness of the hour the Mayor atated that the Council would not follow the item• on the agenda but would act only on tho•• items necessary at this time. 388 Minutes of November 5, 1962 622-76 TRANSFER OP RETAIL LIQUOR STORB LICBNSB The City Clark read an application for Retail Liquor Stora License submitted by Sydney Robert• dba Thorobred Liquors located at 5050 South Pederal,Bn9lewood, Colorado. This license was previously issued under the name of Thorobred Liquors, Inc. by the Arapahoe County Colllllissionera. 'ftle City Manager asked that this matter be discussed at this time as a closing had been set for the transfer on Movember 12th prior to the next ... ting of the City Council. COUHCIIllAH SMUJ<LBR MOVED, COUNCIIllAH MOODS SBCORDBD, THAT THE APPLICA~ION POR TRANSFER BB APPROVED. Councilman Braun stated that he would vote against this transfer as a full police report had not been received. The City Attorney stated that prior to issuing the license for 1963 that the PBI report would be received and available for the Council. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Love, Miles, Parker, Smukler, Woods, Brownewell. Rays: Councilman Braun. Absent: None • The Mayor declared the motion carried. 622-58 ORDINANCE ADOPTIRG MUHICIPAL CODE Introduced as a Bill by Councilman Smukler BY AUTHORITY' ORDINANCE NO. 31, SsRIBS OP 1962 AB ORDINANCE ENACTING AND ADOPTING BY RBP-CB A PRIMARY CODE OP ORDI- HAllCBS POR 1HE CI'l'!' OP ENGLEWOOD, COLORADO, IR PUBLISHBD PORM, TO BB KNOW AS TBB •MUNICIPAL CODE OP THE CI'l'!' OP ENGLEWOOD• 1GIICll SAID PRIMARY CODE D1 'lVRN ADOPTS BY RBPBRBRCE AS SBCOHDARY CODBS CBAPTm 4 'ftll093B 49 AND 51 THROUGH 54 OP '1'BB BUILDING CODE OP THE CITY AND comm OP DDVBR AS ISSUED ARD PUB- LISBBD BY THE CI'l'!' AND COUNft OP DBNVBR, COLORADO Ill 1953, AND THE TECHNICAL PLUMBING CODE ISSUED AND PUBLISHED IN 1961 Bl' 'ftlB COLORADO STATE DBPAR'DIBN'l' OP PUBLIC HEALTH: AND PROVIDING PENALTIES POR '1'BB VIOLATIOR THBRBOF. was read for the second time. COURCIUIAN SMUKLBR MOVBD, COUNCIUIAN BRAUM SBOJDRDBD, '!BAT ORDIRARCB a>. 31, SERIES OP 1962, BE PASSED ON SECOND ARD PDlAL RBADD1G AND ORDERED PUBLISBBD DJ PULL IN THE BNGLBM>OD HERALD AND BNTBRPRISB. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. RELATING TO AMY MILLBR CASB The City Attorney reported that the suit by the City to establish a water way across land presently owned by Amy Miller formerly owned by Russel B. Ford had been found in favor of Mrs. Miller. Re asked instructions as to whether to pursue the case or not. COUBCIUIAN BRAUN MOVED, COUNCii.MAN SllUICLD SBCOMDBD, THAT 'l'BE CITY ATTORNEY BB INSTRUCTED TO PURSUE THE AMY MILLER CASB. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. I 'I I I ,I I I Minute• of Rovember 5, 1962 ANTI-LITTER ORDillARCB The City Attorney reported that the drafting of a bill for an anti-litter ordinance has been completed and requeated that the matter be referred to the City Planning and Zoning Conmission for conaideration with the ·Junk Yard ordinance. COUNCILMAN BRAUN MOVBD, COUNCILMAN LOVB SBCOllDBD, 'l'BAT THE BILL FOR AN ORDINANCE BE REFERRED TO THE PLANNING AND ZOllI8G CX»IMISSION. Upon the call of the roll, the vote resulted as follow•: Ayes: Councilmen Braun, Love, Mile•, Parker, Smulcler, Woods, Brownewell. Rays: None. Abaent: None. The Mayor declared the motion carried. 622-9 CONSIDERATION OP BILLS, CLAIMS ARD IllVOICBS FOR OCTOBER, 1962 COUIJCILMAH BRAUN MOVBD, COUNCILMAN PARICD 88COl1DBD, THAT THB BILLS, CLAIMS MD DJVOICBS AS APPROVBD BY '1'HB CITr 11..\llAGD ARD LISTED BY THE CITY CLBRK BB ALLOWED. Upon the call of the roll, the vote reaulted as follow•: Ayes: Councilmen Braun, Love, Milea, Parker, Smulcler, Woods, Brownewell. Nays: None. Absent: None • The Mayor declared the motion carried. ADJOURB COUNCILMAN SMUKLER MOVED, COUNCIIllAB 8RAUll SBCORDBD, 'l'BAT THE MBBTING BB ADJOURNED. Upon the call of the roll, the vote reaulted aa follows: Ayes: Councilmen Braun, Love, Milea, Parker, Smulcler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the meeting adjourned at 1155 A.M., Tueaday, November 6, 1962. /a/ B. o. Beauaang, City Clerk Clerk of the Council The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 5th day of November, 1962 A.D. atand approved as written thi• 19th day of November, 1962 A.D.