HomeMy WebLinkAbout1962-11-19 (Regular) Meeting MinutesRBGULAll MBBTDIG:
COUNCIL alMBBRS
CITY' OF ENGLEWOOD, COLORADO
NOVBMBBR 19, 1962
The City Council of the City of Bnglewood, Arapahoe County, Colorado, met
in regular ••••ion on Monday, November 19, 1962, in the Council Chambers, City
Ball, Bnglewood at the hour of 8:00 P.M.
Mayor Brownewell presiding called the meeting to order and the invocation
was given by Major Brik swan of the Salvation Army Temple.
The Mayor ••keel for roll call. Upon the call of the roll, the following
persona were pre•ent:
Councilman: Braun, Love, Miles, Parker, Smukler, Woods,· Brownewell.
Al•o Preaent: City Manager Dial,
Ab•ent: Hone.
City Attorney Bach,
City Clerk Beauaanq.
Planning Director Roman•.
The Mayor declared a quorum present.
622-2 CONSIDERATION OP COURCIL MIHUTBS
COUNCILMAN PARKER MOVED, COUNCILMAN LOVB SBCOHDBD, THAT THE COUNCIL MINUTES
OF HOVIDIBBR S'DI BB APPROVBD AS WRITTEN. Upon the call of the roll. the vote re-
•ulted as follows:
Ayes: Councilmen Braun, Love, Mile•, Parker, Smukler, Woods, Brownewell.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
RECOGNITION OF UNITBD NATION DAY CHAIRMAN
The Mayor presented a distinguished service award to Mrs. BettyWallace,
1962 United Nations Day Chairman for the City of Bn9lewood. He thanked Mrs.
Wallace for her service on behalf of the City in thi• important international
activity.
622-55 RBLATING TO OPBN SPACB LAID> ACQUISITION
Mr. Tom Ten Byck, Director, Inter-County R .. ional Planning Conaniaaion, dia-
cuaaed the provisions of the open apace land acquisition agreement as proposed
by the Inter-County Regional Planning Conaiaaion and reconnended to tj'le Council
by the Parka and Recreation Conaiasion •• well aa the Pla~ning and Zoning ,
Comniaaion. He stated that the Inter-County Rec)ional Planning Conmiaaion had
prepared the plan to comply with the metropolitan area requirements of the
Federal legialation passed in the last ••••ion of Congr•••· He stated that if
60 per cent of the jurisdictions as well a• area which comprises the metropoli-
tan urbanly developed area approve then all juriadictiona within this area are
eligible for 30 per cent participation by the Pederal Government in the pur•
cha•• or acquisition of open land apace on either a group or individual basis.
Be expreaaed the opinion that the 60 per cent requirement had been met in the
Denver metropolitan area. He discussed the various provi•ion• of the plan with
the Council as well as pointed out the area• reaerved under the provions of the
Pederal law in the Denver metropolitan area.
COURCIIllAN PARKBR MOVBD, THAT THB MAYOR MD Cift CLBRI< BB AU'ftlORIZBD TO
SIGN 'DIB OPD SPACE LAl1D ACQUISITION AGRB81aT Oii BEALi' OP TBB CI'l'V' AS SUCH
SICDIATURB IHDICATBS TBB APPROVAL OP 'DIB AGRB•aT I8 PRI8CIPLB BUT NOT ANY
DBPI8ITB COMMI'l'MBl1T.
The City Attorney stated that as he read• the avreement the City i• bound
to acquire land if such land is included in the region-wide plan· -and located
within the City of Englewood. Mr. Ten Byck stated that th• counties have not
agreed on thir interperation previou•ly but that the Inter-County Regional
Planning Commi•sion would not enforce such an opinion.
COUNCILMAN WOODS SBCQIJDBD 'DIB MOTIOll.
Councilman Love expr•••ed hi• oppo•ition to the •••king of thi• money simply
becau•• it wa• available and if we do not u•• it it will be lost.
Councilman Braun and Councilman Smukler also spoke against application for ...
Federal monie• •imply beeauae they are available.
Councilman Mile• spoke further that aa there i• a difference of interpreta-
tion and opin ion as to the effect of the plan he would move to table the matter.
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-.-.'-' '"° -._ --------------------"3911
Minutea of Novmnber 19, 1962
COUNCILMAN MILBS MOVED, COUNCILMAN BRAUl1 SSOORDBD, 'ftlAT TBB MATTBR BB TABLBD.
Upon the call of the roll, the vote reaulted aa followa1
Aye•: Councilmen Braun, i.ove, Milea, Parker, Smukler, Brownewell.
Raya: Councilman Wooda.
Abaent: Hone.
The Mayor declared the motion carried.
622•'18 PBTITION RBQUIRIRG CllAllTD AMBllDMJD1T
Mr. Elmer B. Reed, 3400 South Cherokee Street, atated that he had a petition
prepared by Keating and Henry, Attorney•, to amend the City Charter to prohibit
and limit the aale of park land• and to prevent the opening of roads through
park lands w_ithout the majority vote of the people at an election. He atated
that thi• petition ha• been circulated and that 597 aignatur•• have been aecured
on the petition which he preaented to the council.
He read the text of the petition and it• amendment in full:
"PBTITION TO INITIATE A CBARTD MDIIllBNT
TO THE CITY' COUNCIL OF '1'HB CITY' OP DIGLSWOOD, COLORADO:
We, the undersigned, duly qalified elector• of the State of Colorado and the
City of Bnglewoocl, do hereby reapectfully order and demand that the proposed amend-
ment to the Charter hereinafter set forth •hall be referred according to law and
in the form petitioned for, by the City Council of the City of Englewood to a vote
by the legal voters of •aid City of Englewood at the next general election to be
held after the filing of thi• petition.
Bach of the signers hereto, for himaelf or heraelf a• the ca•• may be. aaya1
I aign thi• petition by my own signature only1 I am a qualified elector of the
State of Colorado and of the City of Engl.wood aforeaaid: my residence addre••
and the date of my signing this petition are correctly written immediately after
my name: and I do hereby designate the following named peraona to represent me
in all matters affecting this petitions
BLMBR B. RBBD, 3400 So. Cherokee, Englewood, Colorado
ARGBIA KBIPBR, 3255 So. Cherokee, Bnglewood, COlorado
PAUL PRANDIAD, 3290 So. Huron, Bngl.wood, COlorado
BBRNICB A. SPICBR, 3255 So. Delaware, Bnglewood, Colorado
MAT'l'HBW M SUMMBRS, 3140 So. Delaware, Snglewood, Colorado
The charter amendment propoaed hereby and the title thereto are as follows:
AN AMBllIMDT TO '1'llB CHARTBR OP '1'118 CI'IY or mGLBWOOD ADDING A NBW SECTION,
DBDICATING CBRTAIN PROPBRTY AS PUBLIC PARKS, VACATDG Al1Y DBDICATBD ROAD WITHIN
ANY PARJ< NOT IN USB ON NOVIMBBR 1. 1962 AS A IOAD MD LIMITING TBB SALB OR
BXCHARGB OP PARJ< LU1D ARD TllB OPDING OR CO•S'l'RUC'l'IOR APTBR NOVDIBBR 1, 1962
OP STRBBTS, ROADS OR HIGHWAYS WITHIN AllY PUBLIC PARK.
BB IT ORDAINED BY THB PBOPLB OF '1'llB Cift or mGLBWOOD, COLORADO:
The charter of the City of Englewood i• hereby amended by the addition of a
new aection to reads
SBCTION 120. A Dedication of park• -atreet• and road• in parka -All land•
owned by the City of Bnglewood and preaently uaed for public park or r~creational
purpoaea, are hereby dedicated aa public parka. Any dedicated or undedicated
road or street within any park not in uae on Rovember 1, 1962 aa a road is hereby
vacated. No public park land •hall be aold or exchanged, nor shall any street
road or highway be opened or constructed after •ovember 1, 1962, in or through
any public park, without a favorable vote of the qualified elector•: provided,
however, this does not apply to road• deaigned for the exclusive use of persons
uaing the park and not designed to carry through traffic through the park, nor
to the use of lands adjacent to a boundary of a park for the purpose of widening
a street or highway adjacent to such park boundary.
The ballot title and submission clau•• of thi• propoaed charter amendment
is hereby designated and fixed as followas
AN MBllDMlDfT TO THE al.ARTBR OP THE CITY' OP mGL81rOOD ADDIRG A
llBW SBCTION, DBDICATING CBRTAIN PROPBR'l'Y AS PUBLIC PARKS,
VACATING ANY DBDICATBD ROAD WITHIN ARY PARJC m'f IR USS OR
llOVlllBBR 1, 1962 AS A ROAD ARD LIMITING '1'118 SALB OR BXCBARGB
OP PARJC LMID ARD THB OPBNING OR CONSTRUCTIO• Aft'D llOVlllBBR
1. 1962 OP STRUTS. ROADS OR HIGHWAYS WITBDJ ARY PUBLIC PARK
Por
The
Amendment
Against
The
Amendment
Mr. Hubert D. Henry, of Keating and Henry, waa introduced to the Council
and atated that he '4«>uld answer questions about the petition. '!'he City Attorney
stated that Article l&X of the State Constitution provided that petitions bearing
Minute• of November 19, 1962
S per cent of the signature• of thoae who caat vote• for Governor at the last
election will place a Charter amendment on the ballot. Be atated that this
petition when filed, bearing a sufficient nUllber of aignatures would place the
propoaed amendment on the ballot for conaideration by th• people at the next
regular City election to be held in November, 196J. And yet, the text of the
... nct.ent purport• to prohibit the u•• of park land• for a road as of
Bovember 1, 1962, a full year prior to the conaideration of the matter by the
people. Mr. Henry atated that the amendment would not prohibit opening of a
road prior to paaaage of the amendment but would be aubject to vacation of
aaid road if the amendment pa••••· Diacuaaion enaued.
OOUllCIUIAB BRAUB MOVBD, OOU)JCIIMAll MIL18 Ssc::om>m, '1'11AT '1'llB PETITION BB
Rmc:BIVBD MID RBPBRRBD '1'0 THB CI'ft ATTODft POR DS'l'-IllATIOS OP SUPPICIBNCY' OP
'ftlB IRMBBR OP SIGllA'l'URBS WITH A RBPORT OR 'l'HIS llAftD 'l'O U PRBSBlft'BD TO TBB
COU•CIL AT A MOST RBASONABLB PROPBR TIMB. Upon the call of the roll, the vote
reaulted a• follow•:
Ay••s Councilmen Braun, Love, Milea, Parker, 8mukler, Wood•, Brownewell.
Bay•: Bone.
Abaents lfone.
lfh• Mayor declared the motion carried.
Mr•. John Keifer, 32SS south Cherokee Str .. t, •poke again•t opening of
South Cherok-Street through City Park. She atated that there was only one
park in the City, that there wa• an area in th• South part of the City but was
not developed nor waa the property at South LocJan Street aatiafactory. She
atated that to open the road in th• location of South Cherokee Street would
isolate the Library from park land• and aubject ... 11 children as well as school
children to cro••ing a heavily traveled atr .. t to go to the Library.
622-81 RBLATING '1'0 P'·BASABT VI9f SSCOllD PILIHG
Mr. Barry C&rleno, 339S ~uth Bannock Str .. t, repreaenting Mr. Fred B.
Waldon and other reaident• and owner• of property in the Pleaaant View area
apok• on behalf of hi• client•. Be revi.wed the progr••• in the platting of the
area to develop it into 76 •it••· Be aaid that all wa• completed with the ex-
ception that the Planning Comniaaion deair•• aaaurance that the streets in the
area will be curbed, aidewalked and paved to City apecifications. Be stated
that the co•t of auch improv ... nta waa ••ti-ted to be $SO,OOO.OO and that ._.;;
each i• willing to poat individual bond• to ll&ke up the total if such a bond
could be written. Be diacuaaed the difficuly in writing such a bond because
no one individual would feel that he ahould •••ua• the liability for street
iaprov .. ent of another. Be explained that each tract or block would be developed
aa a unit and curb, gutter and aidewalk put in under terms provided by FHA com-
mitment•. Diacu••ion enaued if one of the owner• of the large tract of land was
not d••irou• of developing hi• land when th• contractor was ready to develop that .
land thereby leaving a • ...,..nt of •treet unimproved in the subdivision. Mr.
Carleno au99eated that the paving could be initiated a• part of a paving district.
Thi• waa diacarded due to the City'• participatio n in paving districts. Such
participation i• not advisable in the ca•• of aubdiviaion development. Planning
Director Romana and the City Attorney apok• for the iasuing of a surety bond
becau•• of the number of owners involved and the deaire to assure the future
re•ident• of the homes erected there that proper atreet improvements would be
in•talled even though by a piece-meal development. Councilman Braun and
Councilman Slllukler •poke for the bond requir .. nt.
COUllCILMMI -MOVBD, CX>UHCIUIAN 8MUICLSR SBCOHDBD, THAT THE PLAT OF
PLBASAllT VIBW SBCOllD PILIHG BB APPROVBD AllD 'lllAT TllB Ulf IPORM SUBDIVISION RBGU-
IATIOBS BB JmQUIRSD IH PULL AS WBLL AS 'ftlS 89CURillG OP A $50,000.00 PBRFORMANCB
BOID> PROVIDIHG POR '1'llB IHSTALLATION or CUD, GUTTD, SIDEWALKS AND PAVING
TllltOUGllOUT TH& SUBDIVISIOR. Upon the call of the roll, the vote resulted as
follow•:
Aye•: Council .. n Braun, Love, Mil••· Parker, Smukler, Woods, Brownewell.
Hay•: Ilona.
Abaents Rone.
The Mayor declared the motion carried.
622-77 RDIBWAL OP LIQUOR LICmsa
The City Clerk read the Liquor Licen•• Application•· for the following
Bnglewood outlet•:
John L. Blair dba Magnet Inn, 2893 s. Broadway,
Loyal Order of Mooae, Inc., Bnglewood Lod9• 11793, 3S31 s. Broadway,
The Plantation, Inc., 5020 s. Broadway,
Dry Creek Liquor•, Inc., 325 B. Jefferson,
Bnglewood Elks Lodge No. 2122, SS W. Pleyd,
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Minute• of November 19, 1962
Ben Hoffman dba Bar Harbor, 3484 s. Broadway,
Bay-4-Leas Drug Syatem, Inc., 3421 s. Broadway,
J. Ivan Houtz & Margaret L. Houtz dba Bouts Self Service Drug, 4204 s. Broadway,
MID Drug, Inc., dba M-D Pharmacy, 2895 s. Broadway,
Interstate Bowling Corp., dba Bellevi.w Bowl, 4900 s. Federal Boulevard,
Charle• H. Klein & Herman w. Anderaen dba Glaaa Bottle Liquors, 3439 s. Broadway,
John W:a, Inc. dba John W's Tap Room, 3467 s. Broadway,
John Leon Longworth dba Park "If" Shop Drug Store, 3370 s. Acoma,
Walter Brom dba Hilda's C.fe, 4386 S. Broadway,
Horse Car Inn, Ltd. 65-69 West Floyd,
Fred & Hazel B. Buhlman dba Bnglewood Liquor Store, 3434 s. Broadway,
John w. and Mary P. Lidke dba Cherrelyn Drug Store, 4385 s. Broadway,
Lincoln V. Bonen dba Linc'• B-Z Liquor•, 3353 s. Santa Pe Dr.,
James Francia Preasnall dba Frontier Liquora, 3Sll s. Broadway.
Representatives were present for each of the above outlets.
The City Clerk read the application of Sydney Roberta dba Thorobred Liquors,
SOSO s. Federal Boulevard, Bnglewood for a Retail Liquor Store License. Mr. Roberta
waa not present. Discuasion ensued. Councilman Braun stated that several y .. r•
ago he had requested that the managers or owners of each liquor outlet be preaent
at the time when the renewal of their liquor licenses wer~ ~onsidered by the
Council •o that the member• of the Council could meet and lacome acquainted with
those who had the re•ponsibility for aalea of liquor in Englewood. Discussion
ensued aa to Thorobred Liquors.
COUllCIIMA!f BRAUit MOVBD, COUllCILMA!f SMUICLBR SBCOllDBD, THAT 'l'HB LIQUOR LICmsu
POR ALL OU'l'LB'l'S AS RBAD ABOVE BXCBPT POR 'l'BOROBRm> LIQUORS BB RB!fBWBD AND THAT '1'118
O.BRS ARD MANAGBRS BE CC»OIBNDBD FOR 'l'BBIR OPDA'l'IOll OP '1'BB VARIOUS LIQUOR OUTLB'.l'S
IR BmLBWOOD WBBRBBY '1'BBRB HAS BBBH VBRY' Pmr DI8'1'UllBUlCBS OR PROBLDIS ARISillG WI'l'B
TBB DISPBllSillG OP LIQUOR I!f DIGLBWOOD. Upon the call of the roll, the vote re-
aulted aa follow•:
Ayes: Councilmen Braun, Love, Milea, Parker, Smukler, Wooda, Brownewell.
Raya: Hone.
Absent: Bone.
The Mayor declared the motion carried.
RBCBSS
The Mayor called a rec••• of tQe Council until 10:15 P.M. .
CALL '1'0 ORDD
The Mayor called the Council to order at 10115 P.M. with the following
members pre•ent:
Councilmen Braun, Love, Mile•, Parker, Smukler, Wood•, Brownewell.
The Mayor declared a quorum preaent.
622-82 LBASB OP DI'.l'al RIGHTS PROM SCllOOL DISTRICT 110. l
The City Clerk read the following recoaaendation of theBnglewood Water and
Sewer Board in full: ·
"That the City of Bnglewood lea•e the Denver City Ditch wa••r right.a
owned by Bnglewood School District No. 1, upon the term• p~evioualy
diacu••ed: that the Attorney be inatructed to draft a leaae agreement
for a period of 3 year• with an option to ren.w aame for three years
and that the City execute •aid lea•• when prepared. Further, that the
School Di•trict be advi•ed inaediately of the City'• intent to lease."
COUllCILMAR LoVB MOVBD, COUBCIUIA!f SMUKLBR SBCOllDBD, 'l'BAT TBB CITY AT'l'ORllBY
BB IRSTRUCTBD '1'0 PRBPARB A LBASB POR 'l'BRU YBARS WI'l'B AR ~..OPTION POR RDBWAL
POR A SIMILAR PBRIOD Al1D THAT 'l'llB SCHOOL DISTRICT BB ADVISBD OP SUal ACTION ARD
THAT '1'BB MAYOR ARD CI'l'r CLBRK BB AU'l'HORIZBD 'ft> mctn'B '1'111: SAMB WBBN COMPLBTBD.
Upon the call of the roll, the vote resulted aa follows:
Ayea: Councilmen Braun, Miles, Love, Parker, Smukler, Woods, Brownewell.
Nays: None.
Ab•ent: None.
The Mayor declared the motion carried.
622-83 RELATING TO ADBXATION OF LARDS TO SOU'l'B<aTB SANITATION DISTRICT
The City Clerk read the following reconaendation of the Bnglewood Water and
Sewer Board in full:
Minute• of November 19, 1962
"That the following deacribed . landa>be allowed to annex to Southgate
Sanitation Diatrict. by Supplemental Agre ... nt1
Parcel No. 1: The Weat 2/5 of Lot 8, Block 6, Subdiviaion of
Section 16, Townahip S South, Range 67 Weat of
the 6th P.M., lying Weat of Highway deacribed
in Warranty Deed recorded JUiie 10, 1949 in Book
639, page 66. of the record• in the office of
the County Clerk and Recorder of Arapahoe County.
Colorado.
Parcel No. 2: Tract S in subdiviaion of Section 21, Townahip
5 South. Range 67 Weat of the 6th P.M., Arapahoe
County, Colorado.
Parcel No. 3: Lot 9, Block 7, in the Subdiviaion of Section 16.
Townahip 5 South. Range 67 Weat of the 6th P.M •.
Arapahoe County. Colorado.•
COUHCILMAR SMUKLBR MOVBD, COUHCIIllAB WOODS SBCOllDBD, THAT '1'BB RBCOMMDDATIOR
BB APPROVED ARD THAT TBB MAYOR ARD CI'l'r CLBRX BB AU'DIORIZBD 'l'O SIGN ON BBBALP OP
TBB CITY'. Upon the c~ll of the roll. the vote reaulted aa follow•:
Ayea: Councilmen Braun, Love, Milea, Parker, Smukler, Wooda, Brownewell.
Naya: None.
Abaent: None.
The Mayor declared the motion carried.
622-6 llIHUTBS OP '1'HB PLANNING AND ZORIHG COMMISSIOR MBBTDJG OP ROVDIBBR 8, 1962
The Mayor aaked that the minute• be received and placed on file.
622-84 Dedication of Par~ of 3300 Block south Sherman
The City Clerk read the following recoaaendation of the City Planning and
zoning Commiaaion:
"The Planning Coaniaaion recoaaend to the City Council that it accept
the dedication of the portion of the weat aide of the 3300 block of
South Sherman, that ha• not been dedicated. Dedication is to be made
by the St. Loui• Church and Mra. Joaephine Poole."
COUHCILMAR BRAUN MOVED, COURCILMAR MILSS SSCC.DBD, 'l'llAT 'l'BB RBC<»OIBRDATION
BB ACCBPTBD. Upon the call of the roll, the vote reaulted a• follows:
Ayea: Councilmen Braun, Love, Milea, Parker, Smukler, Wooda, Brownewell.
Naya: None.
Abaent: None.
'l'he .Mayor declared the motion carried.
622-85 Relating £2 1.Q foot dedication Weat Stanford Avenue
· The City Clerk read the following recommendation of the City Planning and
Zoning Commiaaion in full:
"The Planning Commission reconunends to the City council that the 30
foot dedication for street purposes on the aouth aide of the Toole
and Armatrong property be accepted in the vicinity of Weat Stanford
Avenue east of Santa Pe Drive."
COURCIUIAR SMUKLBR MOVSD, COUHCIIllAN MILBS SSCORDBD, '1'11AT 'l'BB RBCOMMBRDA-
TIOR BB APPROVED. Upon the call of the roll, the vote reaulted as follows:
Ayea: Councilmen Braun, Love, Milea, Parker, Smukler, Wooda, Brownewell.
Raya: Hone.
Abaent: None.
The Mayor declared the motion carried.
622-80 Relatinq,!2 Anti-Litter Ordinance
'l'he City Clerk read the following reconnendation of the City Planning and
zoning COmmiaaion in full:
"The Planning Connission recoanend• to the City council that the
propoaed Anti-Litter ordinance be incorporated aa part of the
ordinances of the City of Englewood and in force."
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Minute• of Hovember 19, 1962
COUHCILMAll BRAUN MOVBD, OOUNCILMM WOODS 8SCC*DBD, 'l'BAT 'MB RBC<»UIBHDATIOH
BB TABLBD UR'l'IL 'MB BILL POR AH ORDIDBCB IS AYAILABLB POR COHSIDBRATION. Upon
the call of th• roll, the vote reaulted a• followa1
Aye•: Councilmen Braun, Love, Mile•, Parker, Smukler, Wood•. Brownewell.
Nay•: None.
Abaent: None.
The Mayor declared the motion carried.
622-8 PROCBBDINGS OF PUBLIC LIBRARY BOARD OP HOVDIBBR 13, 1962
The Mayor aaked that the minutes be received and placed on file.
622-86 SBWBR COlQIBCTORS AGRBBIUDIT RBPORT
The City Manager reported that this waa a awmaary of the aewer connectors
agr .... nts outside of the City of Englewood aa of Hovember, 1962. Thia was for
information only at thi• time.
622-29 RBIATING TO RBZOHillG OP KLZ SITB
COUNCIIMAH BRAUN MOVBD, COUNCILMAH LOVE SBCOllDBD, THAT 'l'HB MA'l"l'BR OF THB
RBZOHDIG OF 'DIE KLZ SITB BB BROUGHT FROM THE TABLB.
Councilman Parker stated that he would r••i•t the removal of the matter
from the table due to the large amount of material which has been submitted for
the Council'• consideration and he expreased the view that they had not had
time to study the same. Diacuasion enaued. Councilman Parker stated that he
felt on a question of thia magnitude that th• deciaion should be referred to
the people for their expression of ppinion at an election on the matter of zoning
or not zoning as requested. Discussion enaued with general disagreement by the
Councilmen. It was aaid that the KLZ zoning had in effect been voted upon due
to the formation of the party who ran with the platform of not favoring C-3
zoning at the location under consideration, that each and every of those candi-
dates were defeated.
Councilman Parker stated that as he waa an aprointed member he did not have
the benefit of such a mandate from hia district ar.d hi• decision was based upon
the conaenta presented to him from hi• district and he would act accordingly.
Councilman Mile• stated that each of the other Councilmen had gone over the
material rather thoroughly previously when the matter waa before them and if
Councilman Parker desired additional time to review the materials that he would
have no objection to the postponing of consideration of the matter of rezoning
until a later date. Councilman Parker replied aa to the advantages of holding
an election and that the election would be more economical than fighting a law
suit. The City Attorney stated that he did not believe that if the matter were
passed by a favorable vote of all of the citizen• of Bnglewood that the action
would preclude the matter being brought into court due to certain legal questions
involved. The question waa asked for.
Councilman Parker stated that the matter waa not voted upon directly and
that by aaking for an election he waa not stating oppoaition. Councilman Love
reminded Councilman Parker that each one muat make aubjective decision baaed
upon his own investigation and action• rather than relying upon an election or
some other device to make the decision• for him. Councilman Parker stated that
for example he had looked over both petition• aigned by buainesa men and that
he could not reach a conclusion. Councilman Braun atated that 14 business men
had signed and the balance of the 90 signature• were ... ployeea. Councilman
Parker rebutted.that employees were entitled to a voice and that all the people
had a right to express their opinion and •hould do ao by an election. Councilman
Love remarked that if this were the caae each voter ahould have made available
to him all the information which had been filed with the Planning Commission
and the Council by the proponents and opponent• of the proposed zoning so that
they might make their decision baaed upon all the information available. The
queation was called for.
·upon the call of the roll, the vote reaulted a• follow•:
Aye•: Councilmen Braun, Love, Milea, Smukler, Wood•, Brownewell.
Haya: Councilman Parker.
Abaent: None.
The Mayor declared the motion carried.
COUHCILMAN BRAUH MOVED, COUNCILMAN WOODS SBCOHDBD, THAT THB PROPOSBD BILL
POR REZONING '1'BB KLZ TRACT BB RBAD ON FIRST RBADING. Upon the call of the roll,
the vote resulted aa follows:
Minute• of November 19, 1962
Aye a: Councilmen Braun, Love, Miles, Parker, Smukler, Wood•, Brownewell •
Naya: None.
Abaent: None.
The Mayor declared the motion carried.
The City Clerk read the following bill in full:
Introduced as a Bill by Councilman Smukt•r
A BILL
FOR AN ORDINANCE ZONING 'l'HB FOLLOWING DBSCRIBBD PROPBRTY TO A C-3 (BUSINESS
DISTRICT) POR USB AS A RBGIONAl ..,.,!. cmrra t ·D ACCORDANCE WITH TBB PRO-
YISIOBS OP ORDINANCB NO. 14, SBRIBS OP 1962, MDD>DIG ORDINAHCB NO. 45, SBRIBS
OP 19SS) PRBSBBT CITY OP BNGLBWOOD ZONING (ACCORDING TO BNGLBWOOD ORDINANCE NO.
4S, &DIBS OF 195S) IS R-1-A, WHICH CLASSIPICATIOlf IS RBSIDIDl'l'IAL, THE SAID
PROPDTY TO BB ZOlfBD C-3 (BUSINBSS DISTRICT) BBIBG LOCATBD Ill '1'BB CITY OF
aGLDKlOD, ARAPABOB comrrr, COLORADO, MID Uim MORB PARTICULARLY DBSCRIBBD AS
FOLLOWS: A TRACT OP LARD LYING IN SBCTIOR 3S, toWllSBIP 4 SOU'1'B, RANGE 68 WBST,
D ARAPAllOB COURTY, DBSCRIBBD AS FOLLOWS: BmIDIBG AT A POIN'l' WBBRB '1'BB BAST
LDIB OP BLOO< SO, BVAllSTON BROADWAY ADDITIOlf D'l'Bm>BD SOU'DIBRLY IN'l'BRDCTS TBB
SOU'1'B LIBS OP SBCTION 3S, TOWBSBIP 4 SOUTH, RAllGB 68 WBST, SAID SOUTH LINE
UIJIG 'l'llB APPROXIMATB CDTBR LINB OP BAST BMPDm AVDUBr 'l'BBBCB NOR'l'BBRLY ALOllG
TllB MST LID OP SAID BLOCK SO TO '1'BB lfOR'l'B LID OP SAID BLOCK SO, 'l'BBNCB BAS'l'BRLY
TO '1'BB BAST LIBB OP SOUTH LAPAYBTTB STRBBT, macs llOR'l'llBRLY ALOBG SAID BAST LID
OP SOU'ftl LAPAYBTTB STRBBT TO '1'BB CBN'l'BR LID OP BA8'1' FLOYD AVDIUB, 'l'llD1CB BASTBRltY
ALOBG SAID CBl1'1'BR LillB OP BAST FLOYD AVDIUB TO '1'BB MST LIBB OF '1'BB SW 1/4 SBC'l'IOB
3S, !OIOISBIP 4 SOU'l'B, RAllGB 68 WBST, 'l'llBRCB SOU'l'lllRLY ALOBG SAID LINB TO 'l'BB
90RTBBAST CORDR OP 'l'llB SB 1/4 SW 1/4 OP SBC'l'IOB 35, T01b1SBIP 4 SOUTH, RARGB 68
WBST, 'l'BBNCB BASTBRLY ALONG 'l'HB lfOR'l'B LID OP '1'118 SW 1/4 SB 1/4 SBCTION JS,
'l'OWIJSBIP 4 SOUTH, RANGB 68 WBST, TO '1'BB lfOR'l'llMST CORllBR OP 'l'HB SW 1/4 SB 1/4
SBCTIOB 35, 'l'OWRSBIP 4 SOU'l'B, RAlfGB 68 WBST, '1'11DJCB SOU'l'BBRLY ALONG 'l'BB BAST
LDIB OP '1'BB SW 1/4 SB 1/4 SBCTJOlf 35, 'l'OWllSBIP 4 SOU'l'B, RAllGB 68 WBST, TO A
POmn' WBBRB SAID LID IR'l'BRSBCTS '1'BB NOR'l'B RIGBT-OP-WAY LINB OP S. B. 70 (BAST
BMPDm AVDUB), SAID POIR'l' BBillG APPROXIMA'l'SLY 90 l'Bft ROR'l'BBRLY OP 'l'BB
SOU'l'llBAST CORllD OP 'l'BB SW 1/4 SB 1/4 SBC'l'IOB 35, T01b1SBIP 4 SOUTH, RANGB 68
WBST, '1'1UDJCB WBSTBRLY ALORG SAID NORTH RIGll'l'-01'-WAY LID TO A POINT WllBRB SAID
LID IR'l'BRSBCTS '1'BB BAST LINB OP '1'BB SW 1/4 SBC'l'IOR 35, 'l'OWRSBIP 4 SOUTH, RANGB
68 WBST, SAID POIH'l' BBIBG APPROXIMATBLY 90 PDT llOR'ftl OP '1'llB SOUTH QUAR'l'BR
CODD OP SAID SBCTIOB, TBDICB SOM'BWBS'l'BRLY AL08G SAID RIGB'l'-OP-WAY LIBB OP
BAST BAMPDD AYmUB 011 '1'BB ARC OF A CURVB TO '1'111: LBP'l', 'l'BB RADIUS OF WHICH
BQUALS 783 PBB'l', FOR A DIS'l'ABCB OF 301.4 PBB'l', 'l'BBllCB DS'l'BRLY ALONG '1'BB lfOR'l'B
RIGll'l'-OP-WAY LID OP BAST BAMPDBN AVDUB PAUtJ.BL '1'0 AIR> 30 PBB'l' ROR'1'B OP 'l'BB
SOUTH LIBB OP SBC'l'ION 35, 'l'OWIJSBIP 4 SOU'l'B, RAllGB 68 DST, TO A POINT WBBRB 'l'BB
BOR'l'll RIGHT-OP-WAY LIBB OP BAST BMPDD AVBNUB Ill'l'DSBC'l'S '1'BB BAST LIRB OP soum
LAPAYB'l"l'B STRBBT, '1'BDCB SOU'l'llBRLY TO A POIN'l' WllBRB '1'llB BAST LIRB OP SOUTH
LAPAYB'l'TB STRBBT IftBRSBC'l'S '1'BB SOUTH LillB OP SllC'l'IOlf 35, 'l'OWllSBIP 4 '80U'l'B,
RAllGB 68 DST, TBBNCB WBS'l'BRLY ALONG SAID SOU'l'B LID OP SAID a.c'l'ION TO 'l'BB
POIR'l' OP BBGIDIBG CORTAillING APPROXIMATELY 57.202 ACRBS.
(Bill copied in full in Council~1minut•• of October 15, 1962)
waa read in full aa a bill for the firat time.
The City Attorney reported on the sufficiency of the proteat petition•.
Be atated that his analyaia of the proteat petition waa auch that a three
quarter vote of the Council ia required. Be elaborated on th• per cent of
aiqnatures secured on each of the aide• propoaed for aonin9 and that all but
th• east aide had adequate aignaturea to _reqais• t.be tha•• quarter vote of
the Council independent of the others.
COURCILMAN LOVE MOVBD, COUNCILMAN WOODS SBCOIJDBD, BAT 'DIB llROPOSBD BILL
FOR AN ORDINAllCB BB PASSBD ON FIRST READING Al1D ORDBRBD PUBLISBBD IN PULL IN
TBB DGLBWOOD BBRALD ARD Dl'l'BRPRISB.
COUllCIIMAll BRAUR MOVBD, COUllCIIMAN WOODS SBCOllDBD, TBA'!' '1'BB MOTION BB
MBRDBD TO IBCLUDB TBB RBCITATION OP TllB RBC<MIBRDATIORS OP '1'BB PLANNING ARD
ZOBIBG COMMISSION:
RBSOLUTIOB
WllBRBAS: On Auguat 6, 1962, requeat of Time-Life Broadcaae, Inc. was
filed with thi• Commiaaion and with the City Council of
Englewood for the zoning of land owned by the Petitioner,
generally known as the KLZ transmitter aite, under Zone
Clasaification "C-3" permitting the conatruction and operation
of a regional •hopping center, and
WllBRBAS: The City council has by resolution formally requested the re-
port and recommendation of this Conaiaaion on the request for
zoning, and
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Minute• of Rovember 19, 1962
WJIBRBAS: Acting in compliance and accordance with applicable statute• of
Colorado, the Charter and Ordinance of The City of Bngl9WOod, and
its own rules and regulation•, thi• Commiaaion ha• duly C'Onaidered
the requeat for zoning. Aa a part of it• conaiderationa, the
Commiaaion held a Public Hearing concerning the propoaed zoning
September 20, 1962, after duly-publiahed notice of hearing and
posting of the property, now therefore, be it
RBSOLVBD: That the City Planning and Zoning Commiaaion of the City of
Englewood, acting at it• regular meeting of October 4, 1962,
hereby reports, advises, and recoanend• to the Honorable City
Council of the City of Englewood aa follow•:
That the tract of land of approximately SS acrea, owned by Time-
Life Broadcast, Inc. a~ould by ordinance be claa•ified for use
a• a re~ional shopping center under the "C-3" (Commercial
District) claaaification uae of Ordinance No. 4S, Series of l9SS,
aa amended, known as the "Zoning Ordinance of the City of
Englewood". Said land is deacribed by mete• and bounds in
Ordinance No. 17, Series of 1962, adopted on final conaideration
July 2, 1962, by the City Council of Bngl.wood.
Further, this Commission resolves to report, advi•• and state
to the City Council of Englewood that among the aubatantial reaaons,
finding• and concluaions of this Commiaaion on which this recom-
mendation i• baaed are these mattera1
On Auguat 6, 1962 an application was filed by Time-Life Broadcaat, Inc. with the
Bngl9WOod Planning and Zoning Commiaaion and the City Council requeating that the
land known aa the KLZ aite be zoned a c-3 (Commercial) zone Diatrict, which zone
claaaification would permit the construction and operation of a regional shopping
center.
In compliance with the Charter and Ordinance• of the City of Englewood, and
Statute• of the State of Colorado, the Council referred the application to the
Commiaaion for their study and recommendation.
A Public Hearing concerning the proposed zoning waa held by the Conniaaion on
September 20, 1962, after duly-publiahed notice of hearing and posting of the
property.
The Commiaaion has met and ha• in it• hand• all of the report• and other infor-
mation aubmitted by the applicant• requeating that the aubject aite be zoned
c-3 Commercial for uae •• a Regional Shopping center and that aubmitted by thoae
peraona who oppoae the zone claaaification. 'l'he member• have evaluated the
reports, Public Hearing, written material, and all information of whatsoever
kind waa officially received by it with the aaaiatance of the Planning Director
and ataff.
The Planning and Zoning Commiaaion, a• an inatrumentality of the City of
Bnglewood, muat view zoning not only from the impact on the illlllediate neighbor-
h~~. but from the effect it will have on the City aa a whole. In making
their deciaion, the Comniaaion haa in mind the objectives and purpo••• of the
zoning Ordinance, Ordinance 4S, Serie• of 19SS, a• amended, having th•••
objective• in mind, and in view of this evaluation by the Commiaaion, they do
agree on the followings
1. In 1961, the aubject land was studied by this Commission and it• pro-
po•ed annexation to and zoning by the City of Bnglewood waa recommended
by thi• Commiaaion on May 25, 1961. Subaequent action of the City
Council annexing and zoning the subject land for commercial uae
(Ordinance No. 21, Seri•• of 1961) waa invalidated by judgment• and
decrees of the Diatrict Court and the County Court in and for the
County of Arapahoe and State of Colorado, in 1962.
2. The KLZ tranamitter aite waa subsequently annexed to th• City of
Bnglewood by Ordinance No. 17, Seri•• of 1962.
3. On the effective date of Ordinance Mo. 17, Serie• of 1962, the •ub-
ject land was being uaed for purpo••• of radio broadcasting and ha•
been used aa a radio tranamitter •ite aince the early 1930's. The
customary zone classification for· auch uae in either "Commercial"
of "Industrial".
4. Section 7 of Article I of the Englewood Zoning Ordinance atatea that
any area annexed to the City •hall be "automatically claaaified aa
R-1-A zone, unless or until a zoning plan for said area baa been
adopted pursuant to the provisions of thi• Ordinance."
If said Section 7 i• valid and enforceable aa to the aubject land
it would appear that the subject land i• now a "non-conforming uae"
and that the owners could exercise the right• a• to changing the
status of a non-conforming use under Section 4, Ariticle V of the
Englewood Zoning Ordinance.
Minutes of November 19, 1962
5. Because of the annexation, it is appropriate and necessary that the
land be properly brought under the coverage and control of the
Bnglewood Zoning Ordinanee consistent with the purpo•es of said
Ordinance, among which are "to encourage the mo•t appropriate use
6.
of land throughout the City and to insure a logical growth of the
various physical elements of the City" under circumstances which
"promote health, safety, morals and general welfare of the inhabitants
of the City of Bnglewooc:l."
Since the subject land and adjacent areas were originally zoned in
1940 for "residential-agricultural" use by the Board of County
Coamiasioners of Arapahoe County under a resolution prepared and
certified t)o the Board of County Commissioners by the Cherry Bills
District Planning Commission, there have been changes in the charac-
ter of the area surrounding the subject land. No longer is the
area a rural community: it is now a part of an urbanized community.
There has been a considerable increase in population and more inten-
sive use of the lands on the north, northeast and weat of the subject
laNI.
7. Kent School for Girls has been constructed on approximately 28
acres of land adjoining the subject site on the eaat.
e. There have been changes in the traffic ayatem and traffic pattern1
(a)
(b)
(c)
Hampden Avenue has been widened and reconstructed into a
major east-west arterial six-lane expreaaway.
South University, a major arterial, baa been widened from
Yale to Highway 70 this year, and will be reconstructed
south of Highway 70 by the State Highway Department in 1963.
The Denver Traffic Department haa plan• to reatrict parking
on South University from Yale to Baat Dartmouth and has re•
quested the City of Englewood Traffic Department and the
Arapahoe County Engineer to conaider reatricting parking
between Bast Dartmouth and Highway 70 or Ba•t Hampden in order
to carry the peak loads of traffic.
Floyd Avenue to the north of the subject aite waa designated as
an arterial by the Englewooc:l City Council through Ordinance
Ro. 18, Series of 1958.
9. The trend of recent years toward suburban living has brought about a
greater use of automobiles, markedly changing retail shopping habits
of residents of the Denver Matropolitan area and other comparable areas
throughout the nation, stimulating the construction of large-scale
shopping center facilities easily accessible to the shopper with ade-
quate parking facilities and well-planned retail store• developed as a
single unit around one or more major department stores.
10. Cherry Hilla Village, by its Ordinance No. 3, Seri•• ~f 1958, as
amended, has zoned more than 70 acres of land in the village fronting
on Hampden Avenue and on South University Avenue, for Conmercial u•e
as "R.A.-1 --Resort Area District". Among the u•e• by right under
said Cherry Hilla Ordinance are "Residential and Resort Hotel" and
Retail Shop• and Restaurants when attached to or forming a part of a
residential and resort hotel." Main building• under this Cherry Bills
zoning may be constructed to a maximum height of 150 feet.
11. Subsequent to the original action of the City to zone the subject site
C-3 (Connercial) for use as a regional shopping center, the Arapahoe
County 'lanning Commission has recommended to the Board of County
Coamiaaionera of Arapahoe County the zoning of large acreages of land for
shopping center use. One . of these is approximately four and one-half
miles south of the subject site on Univeraity Boulevard and another,
several miles east of the subject site on Hampden Avenue. Both of
these sites are in areas much less densely built up and urbanized than
that in which the subject land is located.
12. In past years, Englewood has applied commercial zoning classification
(C-2) to the strips of land fronting on and adjacent to Hampden Avenue.
In accord with accepted modern planning principles. this Commission
does not look with favor upon the creation of additional commercial
"•trip" zoning, which is one of the reaaona the Commission recommended
that the Englewood Zoning Ordinanbe be supplemented and moc:lernized by
the addition thereto of the "C-3" zone claaaification. This commercial
(C-2) zoning is west of the subject site.
After full and serious considezation of all of the written and oral material•
furnished to it by residents of Englewood, resident• of unincorporated Arapahoe
County, resident• of Cherry Bills Village, and othera1 and after review of the
analyses and recommendations of its staff, thia Collllliaaion agreees on the follow-
ing findings:
(a) That the subject land, because of its size, location and accessibility,
has unusual and peculiar suitability for development and use as a
regional shopping center under the claaaif ication "C-3" of the Englewood
Zoning Ordinance.
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(b)
Minute• of November 19, 1962
That recommendation of such use of the aubject land under the
special control features of the "C-3" zone claaaification is
consistent with the planned and atated purpo••• of the Bnglewood
zoning Ordinance and particularly ao in th••• reapecta: To
conserve and stabilize the value of property: to provide ade-
quate open spaces for light and air: to secure aafety from
fire: to prevent undue concentration of population (auch, for
example, aa might result from high-denaity apartment uae): to
aerve and promote the convenience and general welfare of the
inhabitants of Bngler.i«>od.
Thia Commission baa necessarily considered arguments presented aa to the
poaaible and probable effects upon area• adjacent to or near the aubject
land if a regional •hopping center i• developed thereon. Among the effect•
auggeated and the conclusions of thi• Coallliaaion thereon, after its atudiea,
are these:
(a) Reduction of value of nearby reaidenc••· Opponent• of the
proposed center have submitted material• indicating that both
the intrinsic and monetary value• of nearby reaidencea will be
reduced. Proponents have submitted material• indicating that
while some individuals do not desire to live near a •hopping
center, others do: but that insofar a• monetary value i• con-
cerned, the consensus of persona 'knowledgeable in real eatate
transactions in that value of r••idential propertie• near modern
large shopping centers is maintained or increased.
The Conmiawion, recognizing the aincerity of th• argument•
advanced on both aides, have weigh-.! the argued po••ibility of
injury or damage, advantages and benefit• which would result from
a modern regional shopping center on the ait•J and concludes that
the benefits and advantages outweigh any poaaible injury or damage
to adjacent or nearby propertiea, th• reality of which is con-
jectural.
In addition, the "C-3" control proviaiona (i.e. extraordinary
building set backs, requiJml acreen planting along the entire
perimeter of the shopping center land, strict limitations on the
uae of glaring lights, flashing aiqna, etc.) all will operate,
aa they are intended, to render shopping center uae aa compa-
tible as possible with nearby reaidential properti••·
(b) Added burdens and problems of Municipal Bxpenditurea for Traffic
control, Storm Drainage, etc.
(c)
(1) Hampden Avenue, State Highway 170, i• deaigned to carry
and does presently carry a heavy volume of traffic. The
Conmiasion concludes that additional traffic which would
be generated by thQ proposed •hopping center uae would not
overload the capacity of Hampden Avenue1 and that the con-
trol provisions of the "C-3"" aa well aa other ordinances
will enable the City to minimise the undue burden of auto-
mobile traffic upon residential atre•t•.
(2) Opponents of the propoaed •hopping center u•• predict heavy
damage problems of storm water runoff from the subject land.
The Conmiaaion recognizes that any development of any kind
whatsoever on the KLZ land would increa•• the amouat of
runoff storm water now flowing from the land onto and across
topographically lower landa, and that the amount of runoff
produced by different type• of u••• and conatruction would
vary in degree.
The Commission had devoted conaideral>le time to a study of
the ef f ecta which shopping center u•• of the KLZ land might
have on the storm drainage probl .. a of the City. The
Commiaaion has reviewed preliminary plan• aubmitted by the
developers for an underground atorm drainage ayatem to be
supplied at the developer'• coat, and ha• reviewed written
and oral comments presented to it on th• storm drainage
problem and baa discussed th• plan with the City Bngineer'•
staff.
The Conniaaion conclude• that "C-3" control proviaiona, relating
to atorm drainage ayatema, enable Bnglewood to furnish the
needed protection, since ultimate construction and uae of
•hopping center building•, and parking area• ia denied unless
and until storm drainage facilities approved by the City
Engineering Department and the City Council are provided.
tbi• Commission determines that if the aubject land were developed
for reaidential uae, under any of the denaitiea permitted by the
Bnglewood zoning Ordinance, the reault would moat certainly be to
require aubatantial increases in both operating coat• and capital
improvement expenditures of the Bnglewood School Diatrict No. 1
and Cherry Creek School District No. 5.
Minute• of November 19, 1962
on the other hand, Commercial use of the aubject land cannot increase
school capital and operating expenditure•: and reaultant City of
Englewood coata 'WOuld be unquestionably lower in relation to com-
mercial land than in relation to any residential use.
(d) The Reliance and Protection of Existing Buain••• 'l'heoriea. Some
of the opponents of commercial zoning for th• aubject land have
stated that they purchased their nearby reaidential properties "in
reliance" upon continued residential zoning of the KLZ land, to the
extent that if there was any change in use of the KLZ land from
radio broadcasting, the change should be only to a ain9le-family
reaidential zone classification: and that therefore the zoning re-
quest should be denied.
Such a zoning theory, if followed, would freeze, regardless of any
changes in circumstances, original zoning and l«>Uld render the
policy of this or any other municipality inflexible and necessarily,
therefore, arbitrary and unreasonable.
Some of the opponents and their repreaentativ•• also have stated
that shopping center use of the subject land would reduce the volume
of business done by those presently engaged in retail buainesaes in
Bnglewood and Denver, and therefore, the requeat ahould be denied.
Zoning can not and should not be used aimply to protect existing
buaineaaes, prevent new competitive free enterprise, and freeze the
economy of the City of Englewood or any other zoning jurisdiction.
Also, the extent of conjuectural reduction• or increase of business
for other presently existing retail outlet• i• debatable. One
atudy (Preliminary Memorandum Retail COmmercial Development, Larry
Smith and Company) has recommended that th• Bnglewood Central Busi-
ness District support the proposed shopping center and then concen-
trate on strengthening its merchandising in a complimentary fashion
to the center. Many uses by right in th• C-1 (Commercial) zone
classification are not permitted u••• in th• C-3 zone classification.
It 'WOuld seem that the central buain••• diatrict could supplement
and compliment the proposed shopping center by providing convenient
internal vehicular circulation, additional free parking for customers,
pleasant shopping 1:areas and adequate merchandising and service
concerns.
The Commission further feels that the people in the community have
expressed a need for additional shopping facilities and that many
of them are now shopping in Denver for it .. • that are not available
in Englewood.
The Commission is cognizant of the fact that there were many persons opposed
to the shopping center at the Public Hearing. Of tho•• attending the
Hearing on September 20, 1962, who were opposed to the zoning, 179 were
residents within the City of Englewood, and 170 reaid• outside of the City
of Englewood. The opponents also filed petition• signed by 68 persons who
own property within 100 feet of the proposed site. Twelve petitions signed
by 368 persons of which 23 were residents of th.City and 345 outside of the
City were presented in opposition to the zoning.
The Commission is also mindful that 6720 persona who reside within the City
of Englewood signed petitions in 1961 in favor of the zoning of the KLZ
site for a regional shopping center: and that 87 persona who are in business
in Englewood signed a petition addressed to Mr. Gerri Von Frellick, Von
Frellick Associates, 42 Lakeside Center, Denver 12, Colorado, stating that
they would support the annexation of the KLZ site to the City of Englewood
and its subsequant zoning as a C-3 zone claaaification for use as a regional
shopping center."
The result of the vote:
AYES: Kreiling, Miles Pershing Rice
NAYS: Hill
ABSENT: Love
The motion carried.
Respectfully submitted,
By order of the City Planning
and Zoning Commission
/s/ Gertrude G. Welty
Recording Secretary
AND THAT EACH OF THE ENUMERATED ITEMS OF ARTICE I, SECT·%0N 2 PURPOSE (ORDINANCE
NO. 45, SERIES OF 1955) WOULD BE MOST ADBQUATBLY-MET IN THE-BEST INTERESTS
OF '1'HB CITY MOST SERVED AND SPECIFICALLY:
THAT THE PROPOSED ZONING OPEN SPA8BS.
PREVENTS CONCENTRATION:
PROVIDES FOR UTILITIES:
AND THAT LISTS OF THOSE FAVORING THE ZONING BE RECEIVED AND CONSIDERED
AS SHOWING THE DESIRES OF THE CITIZENS.
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Minutes of November 19, 1962
Upon the call of the roll . the vote reaulted as follows:
Ayes: Councilmen Braun, Love, Mile•, Parker, Smukler. Woods, Brownewell.
Nays: None.
Absent: None.
The Mayor declared the motion amended.
The Mayor asked for discussion on the amended motion. Councilman Parker
expressed the view that the Charter was in error in providing for membership
by City Councilmen on the Planning and Zoning Co111l\iasion. The question was
called for.
Councilman Parker stated that he had nothing to add other than to repeat
his opinion that this was not a matter for council decision but should be
voted upon by the people and restated his object i on to two members of the
Council being also on the Planning Commiasion. He atated that he would vote
"No" because most people in the area he waa representing were opposed to the
reaoning. The question was called for.
Upon the call of the roll, the vote reaulted as follows:
Ayes: Councilmen Braun, Love, Miles,
Nays: Councilman Parker,
Councilman Smukler spoke prior to his vote atating that he would vote
"Ro" on this matter as he was the elected representative of District 2 where
the greatest amount of opposition to the rezoning waa present. He atated that
his decision was based upon the premise and belief that he must represent those
persons who had contacted him and after considerable time and study he felt
that the desires of his constituents were that he vote "No".
Ayes: Councilman Woods,
Counc i lman woods stated that he voted "Yes" as a representative of the
entire City.
Ayes: Councilman Brownewell.
Absent: None.
The Mayor summarized the vote by stating there were 5 favorable and 2 opposed,
therefore, the motion was lost as 6 favorable vote• were required to meet the
three quarter majority necessary to pass a zoning matter over thelegally suf-
ficient protest petition.
622-87 RELATING TO REZONING OF PART OP BILLI ISLB GARDDS 3RD FILING
The City Attorney stated that he had prepared a .bill for an ordinance
for the consideration of the Council setting forth the matter of rezoning
of Lots 3 through 7, Belle Isle Gardens 3rd Piling, from R-1-D (Residence
District) classification to M-1 (Industrial Diatrict) classification as recom-
mended by the Planning Commission.
COUNCILMAN SMUKLBR MOVED, COUNCIUIAR LOVB SBCONDBD, THAT THE RECOMMENDA-
TION OF THE PLANNING COMMISSION BE ACCBPTBD Al1D '1'HB BILL BB RBAD AND NOTICB
FOR PUBLIC HEARING MADE, HEARING TO BB HBLD ON MONDAY, DBCBMBBR 17TH AT 8:00
P.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, DJGLBWOOD. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Braun, Love, Mile•, Parker, Smukler, Woods, Brownewell.
Nays: None.
Absent: None •
The Mayor declared the motion carried.
The City Clerk read the Bill as followaa
Introduced as a Bill by Councilman Smukler
A BILL
FOR AN ORDINANCB REZONING THE FOLLOWING DBSCRIBBD PROPBR'l'r PROM R-1-D (RESIDENCE
DISTRICT) CLASSIFICATION TO M-1 (INDUSTRIAL DISTRICT) CLASSIFICATION TO-WIT:
LOTS 3, 4, 5, 6, AND 7, BELLE ISLB GARDDS 'ftlIRD PILING, ALL IN THB CITY OF
BNGLBWOOD, ARAPAHOE COUNTY, COLORADO.
WHEREAS, pursuant to ordinance, the City Planning and Zoning Commission
Minutes of November 19, 1962
of the City of E.1glewood, Colorado, has duly held public hearing on a certain
proposed amendment to Ordinance No. 45, Serie• of 1955, as amended, of the
ordinances of the City of Englewood, Colorado, known aa the "Zoning Ordinance
of the City of Englewood, Colorado," and has made recommendation of the adopt-
ion of an ordinance embodying said amendment: and,
WHEREAS, the City Council has complied with the rules prescribed by its
charter and ordinance in taking the preliminary action in amending said
Ordinance No. 45, Series of 1955, a• amended: and
WBBRBAS, the public necessity, convenience, general welfare and good zon-
ing practices justify the proposed amendment to the zoning ordinance, as here-
inafter set forth:
HOW 'nlBRBPORB, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BNGLBWOOD, COLORADO:
Section 1. The zoning of the hereinafter described property located with-
in the City of Englewood, County of Arapahoe, State of Colorado, is hereby
changed from R-1-D (Residence District) Classification to M-1 (Industrial
District) classification, to-wit:
Lota 3, 4, 5, 6, and 7, Belle Isle Gardena Third Filing, all in
the City of Englewood, Arapahoe County, Colo~ado.
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.
~ --Mayor "-..
622-60 'ro ANNEXATION OF PORTION OF CID1'1'BNNIAL ACRES
The City Attorney stated that he had a bill for an ordinance prepared
to annex the portion of Centennial Acres which had recently petitioned for
annexation to the City, that notice had bean published as required by law and
no protest petitions had been filed.
The City Clerk read the following bill for an ordinance in full:
Introduced as a Bill by Councilman Braun
A BILL
POR AN ORDINANCE APPROVING THE ANNBXATIOR OF PROPBRft BBREINAFTBR DESCRIBBD
TO THE Cift OF BNGLBWOOD, COLORADO, AND ANNBXIRG SAID DBSCRIBBD PROPBRft TO
'n1E CITY OF BRGLBWOOD, COLORADO, TO-WIT:
Beginning at a point one thousand forty-two and two tenths
feet (1,042.2') South of the center of Section 8, Town-
ship 5 South, Range 68 West of the Sixth Principal
Meridian, said point being on the canter line of South
Federal Boulevard and fifty feet (50') Bast of the
Northeast corner of Lot 30, Block 23, Centennial Acres,
Third Filing: thence Weat fifty feet (50') to the north-
east corner of above said Lot 30. Block 231 thence
Westerly twenty-two and five-tenth• feet (22.5')-along
the North line of said Lot 30: thence along a curve to
the left having a radius of one thousand eight hundred
thirty-three and sixty-four hundredth• feet (1,833.64'),
a central angle of 25 degrees 45 minutes (25• 45'),
an arc length of eight hundred twenty-four and one-
hundredths feet (824.01') more or l••• to a point
on the Northeasterly line of Lot JO, Block 23.
Centennial Acres, Third Filing . said point being
thirty-four and eighty-eight hundredth• feet (34.88')
Southwesterly of the Northeast corner of aaid lot:
thence Southwesterly one hundred seventeen and forty-
one hundredths feat (117.41~) to the llorthweat corner
of Lot 19. of above said Block 23: thence Southwesterly
one hundred twenty-nine and sixty-nine hundredths feet
(129.69') to the Rorthwast corner of Lot 17, also in
said Bloc' 23: thence Wast four hundred ninety-one
and seventy-one hundredths feat (491.71') to the
llorthwast corner of Lot 22. Block 37, Centennial
Acres, Fifth Piling: thence Northwesterly along the
Horth line ~f Lota 23, 24, 25, 26, 27, 28. 29 and
30 to the Northwest corner of Lot 30, of said Block
31: thence continuing Northwesterly twenty-three and
forty-three hundredths feet (23.43') on the Northerly
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Minutes of November 19, 1962
line of Lot 31, of said Block 37; thence We•terly
along the North line of Lots 31, 32, 33, and 34, of
said Block 37. and the North line extended a distance
of three hundred sixty-two and nineteen hundredths
feet (362.19') to a point on the West line of the
Southwest Quarter of Section 8, Township 5 South,
Range 68 West of the Sixth Principal Meridian:
thence South 0 degrees 3 minutes, 30 seconds West
(S 0° 03' 30"W) along the West line of the South-
west Quarter of said Section 8, a distance of one
hundred seventy feet (170'); thence South five
deg rees f i fty-seven minutes fifty-three seconds
West (S 5° 57' 53"W); a distance of ttfO hundred
ninety-one and fifty-five hundredths feet (291.55');
thence South 0 degrees three minutes thirty seconds
West (S 0° 03' 3o•w) along a line thirty feet (30')
West of and parallel to the West line of the South-
west Quarter of said Section 8 a distance of one
thousand thirteen and ninety-seven hundredths feet
(l,013.97') more or les• to a point thirty feet (30')
Westerly of the Southwest corner of the Southwest
Quarter of said Section 8; thence Easterly thirty
feet (30') to the Southwest corner of the South-
west Quarter of said Section 8; thence North ei9hty-.
nine degrees forty-•ix minutes forty-f iv• second•
Bast (N 89° 46' 45•g) along the South line of said
Section 8 a distance of two thousand four hundred
seventy and forty-three hundredth• feet (2,470.43')
to a point one hundred and seventy feet (170') We•t-
erly from the South east corner of the Southwe•t
Quarter of said Section 8; thence North parallel
with the East line of the Southweat Quarter of aaid
Section 8, a distance of four hundred and ninety
feet (490'); thence North three degr••• forty-three
minutes fifteen seconds West, (N 3° 43' l s •wJ a
distance of sixty-eight and eight•tenth• feet
(68.8); thence Easterly along a curve o the right
having an arc length of one hundred t~ .... and f iv•-
tenths feet (102.5'), a radius of ••v•n hundred
ninety-three and sixty-feur hundredth• f .. t (793.64')
and a central angle of seven degr••• twenty-four
minutes (7° 24'); ;hence North eighty-nine de9r•••
forty-six minutes forty-five second• Baat
(N 89° 46' 45"E) a distance of •eventy-two and
five-tenths feet (72.5') to the Bast line of the
Southwest Quarter of said Section 8 ••id line
also being the center line of South Federal
Boulevard; thence North along the Ba•t line of
the Southwest Quarter of said Section 8, a
distance of one thousand and forty feet (1040.0')
to the true point of beginning, all in Arapahoe
County, Colorado.
BE IT ORDAINED BY THE CITY COUNCIL OP THB CITY OF ENGLEWOOD, COLORADO:
Section 1. That written petition wa• properly filed in accordance with
statute with the City Council of the City of Sn9lewood, Colorado, proposing
the annexation te said City of Englewood of the hereinafter described land,
situate in the County of Arapahoe, State of Colorado, to-wit:
Beginning at a point one thousand forty-two and two-tenths
feet (1,042.2') South of the center of Section 8, Town-
ship 5 South, Range 68 West of the Sixth Principal
Meridian, said point being on the center line of South
Federal Boulevard and fifty feet (SO') Baat of the
Northeaat corner of Lot 30, Block 23, Centennial Acres,
Third F i ling: thence West fifty feet (SO') to the North-
east corner of above said Lot 30, Block 23: thence
Westerly twenty-two and five-tenth• feet (22.S') along
the North line of said Lot 30r thence alon9 a curve to
the left having a radius of one thousand ei9ht hundred
thirty-three.Jtnd sixty-four hundredth• feet (1,833.64'),
a central angle of 25 degrees 45 minute• (25° 45'),
an arc length of eight hundred twenty-four and one-
hundredths feet (824.01') more or le•• to a point
on the Northeasterly line of Lot 30, Block 23,
Centennial Acres, Third Filing, aaid point being
thirty-four and eighty-eight hundredth• feet (34.88')
Southwesterly of the Northeast corner of aaid lot;
thence Southweaterly one hundred •eventeen and forty-
one hundredths feet (117.41') to the Northwest corner
of Lot 19, of above said Block 23; thence Southwesterly
one hundred twenty-aine and sixty-nine hundredth• feet
Minutes of November 19, 1962
(129.69') to the Northwest corner of Lot 17, also in
said Block 23: thence West four hundred ninety-one
and seventy-one hundredths feet (491.71') to the
Northwest corner of Lot 22, Block 37, Centennial
Acres, Fifth Filing: thence Northweaterly along the
North line of Lots 23, 24, 25, 26, 27, 28, 29 and
30 to the Northwest corner of Lot 30. of aaid Block
31: thence continuing Northwesterly twenty-three and
forty-three hundredths feet (23.43') on the Northerly
line of Lot 31, of said Block 37: thence Weaterly
along the North line of Lots 31, 32, 33 and 34, of
said Block 37, and the North line extended a distance
of three hundred sixty-two and nineteen hundredths
feet (362.19') to a point on the We•t line of the
Southwest Quarter of Sect i on 8, Town•hip 5 South,
Range 68 West of the Sixth Principal Meridian:
thence South 0 degrees 3 minute•, 30 ••cond• We•t
(S 0° 03' 30"1f) Along the We•t line of the south-
west Quarter of said Section 8, a diatance of one
hundred seventy feet (170'): thence South five
degrees fifty-seven minutes f ifty-thr•• aeconda
West (S 5° 57' 53"W): a diatance of two hundred
ninety-one and fifty-five hundredth• feet (291.55'):
thence South 0 degrees three minute• thirty aeconda
West (S 0° 03' 30"W} along a line thirty feet (30')
West of and parallel to the We•t line of the South-
west Quarter ot said Section 8 a diatance of one
thousand thirteen and ninety-seven hundredth• feet
(l,013.97') more of less to a point thirty feet (30')
Westerly of the Southwest corner of the Southweat
Quarter of said Section 8: thence Baaterly thirty
feet (30') to the Southwest corner of the South-
west Quarter of said Section 8: thence Horth eighty-
nine degrees forty-six minutes forty-five aeconda
Bast (N 89° 46' 45"E) along the South line of aaid
Section 8 a distance of two thousand four hundred
seventy and forty-three hundredths feet (2,470.43')
to a point one hundred and seventy feet (170') West-
erly from the Southeast corner of the Southweat
Quarter of said Section 8: thence 9orall ,parallel
with the Bast line of the Southweat Quarter of aaid
Section 8, a diatance of four hundred and ninety
feet (490'): thence North three degree• forty-three
minutes fifteen seconds West, (N 3• 43' ls•w) a
distance of sixty-eight and eight-tenth• feet
(68.8'): thence Baaterly along a curve to the right
having an arc length of one hundred two and five-
tenths feet (102.5'), a radius of aeven hundred
ninety-three and sixty-four hundredths feet (793.64')
and a central angle of seven degrees twenty-four
minutes (7° 24'): thence North eighty-nine degrees
forty-six minutes forty-five seconds Baat
(N 89° 46' 45•s) a distance of seventy-t11«> and
five-tenths feet (72.5') to the East line of the
Southwest Quarter of said Section 8 said line
also being the center line of South Federal
Boulevard: thence North along the East line of
the Southwest Quarter of said Section 8, a
distance of one thousand and forty feet (1040.0')
to the true point of beginning, all in Arapahoe
County, Colorado.
Section 2. That said petition was signed by the owners of more than fifty
per cent(5°") of the area of such territory, who also comprised a majority of
the landowners residing in the said territory at the time the petition was
filed.
Section l• That said petition waa in all respects in conformity with the
proviaions of Article 11, Chapter 139, Colorado Revised Statutes 1953, as
amended: that aaid petition was favorably conaidered by the City Council of
the City of Englewood, constituting the legialative body of the municipality
to which said territory is proposed to be annexed: that notice of the substance
of the petition, including the date of signing, the number.of persons signing,
a description of the territory included in the propoaed annexat i on, and a
statement that landowners of the area may express their opposition to the
annexation and secure an election by complying with the provisions of Section
139-11-4, Colorado Revised Statutes 1953, was publiahed pursuant to statute.
Section 4. That said hereinabove described parcel or parcels of property
be, and they hereby are, declared annexed to aaid City of Englewood, Colorado,
and are hereby made a part of the said City, purauant to the provisions of
Article 11, Chapter 139, Colorado Revised Statutes 1953, aa Amended.
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Minutes of November 19, 1962
Passed on First Reading by the City Council of the City of Englewood,
Colorado, this 19th day of November, A.D., 1962, and ordered published in
full in the Englewood Herald and Enterpri••·
~~~ ------v Mayor
ATTEST:
was read for
CDUNCII.HAN BRAUN MOVED, COUNCILMAN PARKBR SBCONDBD, THAT THE PROPOSED
BILL FOR AN ORDINANCE BB PASSED ON FIRST RBADDIG AND ORDBRBD PUBLISHED IN FULL
IN THE BNGLBWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Braun, Love, Milea, Parker, Smukler, Woods, Brownewell.
Nays: None.
Absent: None •
The Mayor declared the motion carried.
622-57 RELATING TO APPROPRIATIONS FOR 1963
Introduced as a Bill by Councilman Parker
A BILL
FOR AN ORDINANCE APPROPRIATING SUMS FOR ALL MUNICIPAL PURPOSES IN THE CITY
OP BllGLm«X>D, COLORADO, IN THB FISCAL YBAR BBGIHNING JANUARY l, 1963, AND
BRDIHG DBCBMBBR 31, 1963, CONSTITUTING WHAT IS TBRMBD '1'BE ANNUAL APPROPRIA-
TION BILL FOR THE FISCAL YEAR 1963.
BE IT ORDINANED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
SBCTION 1. That there be and there is hereby appropriated from the revenue
deriving from taxation in the City of Englewood, Colorado, from the collec-
tion of license fees and from all other sources of revenue during the year
beginning January l, 1963, and ending December 31, 1963, the amounts here-
inafter aet forth for the objects and purpo••• specified and set opposite
thereto, specifically as follows, to-wit:
GENERAL Fm1D
Legislation and Counsel ••.•••••••••••••••••••
Judiciary •••.••.•..•......•.......••.••••••••
Management •••••••••••••••••••••••••••••••••••
Finance and Recording •••••••.••••••••••••••••
Public Works •••••••••••••••••••••••••••••••••
Fire Department •••••••.....•.••.•••••••••••••
Police Department ••.•••.••.•.••••••••••••••••
Building Inspection ••••••••••••••••••••••••••
Parks and Recreation •.••••••••••.••••••••••••
Planning and Traffic Regulation ••••••••••••••
Public Library •••..•.••••.••..•••••••••••••••
Civil Defense Agency •••••••••••••••••••••••••
General Government •••••••••••••••••••••••••••
TOTAL •••••••••••••••••••••••••••••••••••
PUBLIC IMPROVBMBNT FUND
Construction, reconstruction,
installations and contigencies •••••••••••••••
WATER FUND
Program Coordination •••••••••••••••••••••••••
Operations (Plant) •••••••••••••••.•••••••••••
Capital Additions (Plant) •.••••••••••••••••••
Operations (Distribution) •••••.•••••• ~ •••••••
Capital Additions (Distribution) ••.••••••••••••
Debt Service •.•.••••••••••.•..•••••••••••••••
Reserve ••••••••••••••••••••••••••••••••••••••
TOTAL •••••••••••••••••••••••••••••••••••
$ 50,904.
$ 10,000.
$ 32,832.
$ 47,102.
$ 315,495.
$ 201,354.
$ 251,973.
$ 52,220.
$ 60,249.
$ 61,955.
$ 79,510.
$ 2,600.
$ 84,329.
$1,249,668.
$ 127,300.
$ 104,787.
$ 158,932.
$1,725,000.
$ 69,489.
$ 121,557.
$ 360,158.
$ 42,685.
$2,582,528.
Minutes of November 19, 1962
WATER BOND AND INTEREST FUND
Bond Retirement •.••.•.•••.••.••••••••••••••••••
Interest ...............................•.......
lle11t1?''7tt ••••••••••••••••••••••••••••••••••••••••
'I'OTAL •••••••••••••••••••••••••••••••••••••
SEWER OPERATIONS FURi>
Program Coordination •••••••...•.• , •••••••••••••
Sewage Plant Operat:bns •••••••••••••••.••••••••
Sewage Plant Capital Additions •••••••••••••••••
Maintenance of Sewer System ••.•••••••••••••••••
Sewer Syatem Capital Additions •••••••••••••••••
Debt Service and Transfers .•••••.••••••••••••••
llta~ttr"ta ••••••••••••••••••••••••••••••••••••••••
'I'OTAL •••••••••••••••••••••••••••••••••••••
$ 201,000.
$ 194,008.
$ 135,314.
$ 530,320.
$ 26,475~·
$ 54,858.
$ 3,100.
$ 13,603.
$ 50,000.
$ 66,000.
$ 163,828.
$ 377,864.
SEWER REVENUE BOND AND RBSBRvE FUND
Bond Retirement •••••.•••.•.••.•.•.•••••••••••••
Interest ...........................••......•...
llta~tl~lt ••••••••••••••••••••••••••••••••••••••••
'I'OTAL • • •••.•••••••• • ••••.•..•• • •• • • • • • • • • •
$ 32,000.
$ 38,942.
$ 104,058.
$ 175,000.
SBWAGB DISPOSAL PLANT RESERVE FUND FOR CAPITAL ADDITIONS
lt••C1r\ltt •••••••••••••••••••••••••••••••••••••••• $ 146,649.
SALES TAX FUND
Tran•f•r• ....•.......•..............••..•.••••• $ 282,000.
SBCTION 2. That all monies in the hands of the City Clerk-Treasurer or to
come into hi• hand• for the fiscal year of 1963 may be applied on the out-
atanding claims now due or to become due in the aaid fiscal year of 1963.
SBCTION 3. That all unappropriated monies that may come into the hands of the
City Clerk-Treasurer during the year of 1963 may be so distributed among the
reapective funds herein as the City Council may deem beat under such control
aa ia preacribed by law.
SBCTJ8H 4. That during or at the close of the fiscal year of 1963, any
aurplua money in any of the respective funds, after all claims for 1963
againat the same have been paid, may be distributed to any other fund or
fund• in the discretion of the City Council.
Paaaed on Firat Reading by the City Council of the City of Englewood, Colorado,
thia 19tla day of November, A.O., 1962, and ordered published in full in the
Bnglewood Herald and Enterprise.
~···-·~
Mayor
A'l'TBST:
waa read
COUNCIIMAN PARKER MOVED, COUNCIIMAN MILES SECONDED, THAT TSE PROPOSED
BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD
HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Braun, Love, Milea, Parker, Smukler. Woods, Brownewell.
Nays: None.
Absent: None •
The Mayor declared the motion carried.
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Minutes of November 19, 1962
622-88 RELATING TO CONTRACT FOR LEASE OF SURPLUS SEWER PLANT LAND
The City Manager stated that the City owns 4.28 acres of land south
of the Englewood Sewer Plant which is vacant and idle at this time. He
stated that the Martin K. Bby Construction Company, Inc. proposed to agree
to the lease of that land for five years with an automatic yearly renewal
thereafter. The rental fee would be $500.00 per year. The City Attorney
stated that the Water and Sewer Board could not anticipate the need for the
land for at lea•t 10 years.
COUNCIIMAN SMUKLBR MOVED, COUNCILMAN PARKER SECONDED, THAT THE LEASE
BB APPROVBD ARD 'ftlB MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN. Upon the
call of the roll, the vote resulted as follows:
Aye•: Councilmen Love, Miles, Parker, Smukler, Woods, Brownewell.
Nays: Councilman Braun.
Absent: None •
The Mayor declared the motion carried. Councilman Braun stated that he had
voted "no" because he was not familar with th'is matter and did not agree
with the leasing of these lands for such long periods.
621-82 SUIT AGAINST PAVING DISTRICT NO. 11
The City Attorney reported that the case brought by Kenneth A. Heron
again•t the City of Englewood with regard to his assessment for street
improvement• on South Cherokee and Cherokee Circle had been dismissed.
622-90 AGRBBMBNTS WITH THE HIGHWAY DEPARTMENT RELATING TO BBLLEVIBW
The City Manager reported that three agreements had been prepared by
the State Highway Department for consideration by the City of Englewood,
namely.
1. For permanent easement of City-owned land in the vicinity
of the bridge across Big Dry Creek and Belleview which land
would be covered by the highway slope.
2. A temporary easement for stock piling of dirt in the same area,
3. An access agreement from the bridge east approximately 375 feet.
Discussion ensued.
COUNCILMAN LOVE MOVED, COUNCILMAN PARKER SECONDED, THAT THE MAYOR AND
CITr CLERK BB AUTHORIZED TO SIGN THE AGREEMENTS ON BEHALF OF THE CITY. Upon
the call of the roll, the vote resulted as follows:
Aye•: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell.
Nay•: None.
Absent: None.
The Mayor declared the motion carried.
PENDING MATTERS IN CITY ATTORNEY'S FILE
The City Attorney reported that he has two ordinances in his file tabled
at previou• meetings for lack of easement or deeds which were to be secured
as condition for passage of the ordinance. Discussion ensued.
The Mayor directed the City Manager to contact the various parties con-
cerned to see if these ordinances could not be cleared.
622-89 RELATING TO BUSINESS AND OCCUPATIONAL LICENSE RATES
The City Manager reviewed that there was insufficient time for the
adoption of an amendment to the Municipal Code to be effective for the 1963
license year. He stated that the City Treasurer would collect the full amount
of the 1963 license setting aside one third of the same in an escrow for 1964
revenues. In 1964 the businesses would pay one half of the reduced license
schedule which with the amount placed in the escrow would equal a sum of
approximately two-thirds of the 1962 revenue. Discussion ensued. He stated
that he would have a bill for an ordinance available for consideration by the
Council on the 3rd of December.
622-67 RELATING TO MAXIMUM WORK WEEK POR CBRTAIN EMPLOYEES
The City Manager referred to his report and recommendations to the City
Council with regard to hours worked by employees in certain departments. He
discussed his recommendation with the Council.
Minutes of November 19, 1962
Councilman Parker stated that he 'tiOuld prefer 40 hour week for Policemen
rather than street and water employees. The City Manager stated that addi-
tional employees would not be necessary to allow 40 hour week for Policemen :·.
but this action would require almost 100 per cent one man car operation. He
stated that his recommendation was based upon an effort to provide equivalent
police service throughout the City while not jeopardizing the individual
officers by one man car operation. Councilman Braun stated that it would cost
approximately $25,000.00 to go to a 40 hour week without one man cars. Dis-
cussion ensued. The City Manager reported that a petition had been submitted
to him by the members of the Police Department favoring one man cars if it
resulted in a 40 hour week. He sununarized by stating that his recommendation
was a matter of adjusting each department who presently works more than 40
hours. to 40 hours or closer to 40 hours and that the 40 hours work week can
be achieved in the future for all employees.
The City Manager pointed out that in the case of injury on the job that
the employee must take sick leave until he is eligible for workman's compen-
sation. He stated that in such cases of a serious injury he felt the City
should not charge sick leave for those first 7 days and he would favor an
amendment to the Career Service Ordinance to authorize that. Discussion
ensued.
The Mayor directed the City Attorney to draft a bill for an ordinance
to cover the matters as discussed by the City Manager, leaving the hours worked
by the various departments blank.
622-9 TREASURER'S REPORT FOR MONTH ENDING OCEOBER 31, 1962
COUNCIIMAN SMUKLER MOVED, COUNCIIMAN BRAUN SECONDED, THAT THE TRBASURBR'S
REPORT FOR THE MONTH ENDING OCTOBER 31, 1962 BE ACCEPTED. 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.
622-79 REQUEST FOR DONATION TO CHAMBER OF COMMERCE STRBBT CHRISTMAS DECORATION
FUND
The City Manager reported that a representative of the Chamber had not
been able to attend but that he had received a request for a $2,000.00 dona-
tion from the City to decorate the main streets of Englewood for the Christmas
season. He stated that the last two years $1,750.00 had been donated for this
purpose and he would recommend a similar donation this year.
COUNCILMAN BRAUN MOVED, COUNCIUtAN PARKER SECONDED, THAT THE CITY MANAGER'S
RBCOMMBNDATION BE ACCEPTED AND THE CHAMBER OF C<»OIBRCE RECEIVE A DONATION TO-
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WARD TllB STREET CHRISTMAS LIGHTING PROGRAM OF $1,750.00 FROM THE CITY OF ENGLBWOQp.
Upon the call 9f 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.
622-91 APPLICATION FOR RETAIL FERMENTED MALT BEVERAGE LICENSE
Mr. Edward M. Heppenstall of Holme, Roberts, More and owen, Counselors
at Law, appeared on behalf of the 0outhland Corporation of Texas transacting
business in Colorado under the name of Texas Southland Corporation. He pre-
sented. an application for Retail Fermented Malt Beverage license for sale of
3.2 beer only on behalf of the abovP corporation dba 7-Eleven at 3601 South
Sherman Street, Englewood. He sul:xr.Ltted a check in the amount of $25.00 and
requested that the Council set a hearing on the matter.
COUNCILMAN BRAUN MOVED, COUNCIIMAN MILBS SECONDED, THAT THE APPLICATION
FOR RETAIL PERMBNTBD MALT BBVERAGE LICENSE BY TBB SOUTHLAND CORPORATION OF
TBXAS dba 7-ELBVBN BB RBCEIVBD AND THAT A LICBNSE HBARING BE SET FOR e.oo P.M.,
MOllDAY, DECBMBBR 17TH APTBR PROPBR AND LBGAL POSTING OF THE PROPERTY AND RBCBIPT
OP A POLICE REPORT ON THE OPPICBRS OP TBB CORPORATION AND THE MANAGER. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell.
Hays: Nora
Absent: None.
The Mayor declared the motion carried.
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Minutes of November 19, 1962
622-77 RELATING TO RENEWAL OF THOROBRED LIQUORS STORB LICENSE
The City Clerk stated that in checking the records further that the owner
of Thorobred Liquors, Mr. Sydney Roberts, had not been advised to appear before
the Council in connection with his renewal of his license which had been
qranted on November 4th after letters had gone out to all holders of Liquor
Licenses in Englewood. He reconJnended that the Council reconsider the issuance
of this license.
COUNCIUilAN SMUKLER MOVED, COUNCIIHAN PARKER SBCONDBD, 'MAT THE RENEWAL
OF THE LIQUOR LICENSE FOR THOROBRED LIQUORS FOR THE YBAR 1963 BE APPROVED.
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.
622-92 APPOINTMENT TO PARKS AND RECREATION CXMMISSION
The Mayor stated that former Mayor McLellan had been very active member
of the Parks and Recreation Commission but that the appointment of a Councilman
to this Commission was necessary rather than it going to the Mayor. Accordingly
he stated that there was a vacancy on the Parka and Recreation Commission.
Discussion ensued.
COUNCIUilAN BRAUN MOVED, COUNCILMAN MILES SECONDED, THAT COUNCIUilAN PARJ<BR
BE APPOINTED TO THE ENGLEWOOD PARKS AND RECREATION COMMISSION FOR A TERM END-
IHD FEBRUARY l, 1964. 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 and Councilman Parker to be appointed
to represent the City on the Parks and Recreation Commission along with
Councilman Woods.
OTHER MATTERS
The Mayor called the Council's attention to a joint meeting of the City
Council with the School Board to be held Wednesday, November 21, 1962 at '
6:30 P.M. at North School.
ADJOURN
COUNCILMAN BRAUN MOVED, COUNCILMAN LOVE SECONDED, THAT THE MEETING BE
ADJOURNED. 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 meeting adjourned at 12:30 A.M., Tuesday, November 20,
1962.
/s/ B. o. Beausang, City Clerk
Clerk of the Council
The minutes of the meeting of the City Council of the City of Englewood,
Colorado, held on the 19th day of November, 1962 A.D., stand approved as
corrected this 3rd day of December, 1962 A.O.