HomeMy WebLinkAbout1971-01-18 (Regular) Meeting Agenda Packet-•
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January 18, 1971 -City
Council Regular Meeting
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AGENDA FOR
REG LAR COUNCIL SESSION
JANUARY 1.8 , 1971
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8:00 P.M. Call to o r·der, invocation by th e Rev . Bruce G. Currier of the
Hampd e n llill s Baptist Church, pledge of allegiance led by Boy
Scou t Troop No . 154, a nd r oll call.
1. Minu tes.
(a) Re gular me e ting of December 21, 1970. (Copies trans-/
mitte d h erewith.)
(b) Re gul ar meeting of J a nu ary 4, 1.971. (Copies trans-
mitted herewith.)
2. Pre-schedul ed citizens and visitors .
(a) Recogn 't ion of "special guests" of th e Council./
(b) Mr. Paul Ambrose of Ambrose -Williams will be pre-
sent to dis c uss an mendment to the Park 'N Shop
Lease Agreement. (Co pies of proposed amendment
will be ava il ab le at t he sess ion.)
(c) Rept·este n ta tiv e fr om King Soopers, 5050 South Federal
Boulevard, will be present to requ es t renewal of a 3. 2
bee r li cen se that is due Janu a r y 25, 1971.
(d) Mr. Mil ton F. Poffe l, 4 11 South Broadway, Tackle
Liquors, and his attorney, Mr. James E. Turre, will
b e prese nt t o r e qu e t a package liquor store license.
(Publi c hea ring dat wi II have to be set. They have
r e qu est ed th at th e heat·ing be March 1, 1971.)
(e) Mr. Joe Br·own, Workable Program Coordinator and
Re habil itation and Code Spec ialist of the Department
of Hou sing and Urban Dev e lopment, will be present to
discu ss th e fun c ti on of th e Citizens' Advisory Com-
mittee on the Workabl e Program.
3. Communi cation s .
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(a) Tabulation of bids o n 1,250 gpm fire pumper. (Copies
of a memo randum from Mr. Ste phen A. Lyon, Director v---
of Fin a nce, and Wm • .A.. Ha milton, Fire Chief, trans-
mitte d h e r e with.)
(b). Le tte r from Mr. Martin D. Ba um, 0 V. M., Chief,
Publi c Heal th Vete r·inary Se ction, Colorado Depart-
me nt of Health, r ecomm e nding that the City eliminate
th e dog licensing program. (Copy of hi s letter and
a n ordina nce which would repeal the dog li cense re-
quir nwnt trans mi t t<..'(( herewith.)
(c) Mi nu tt.>b o f th<> Planning a nd Zoning Comm iss ion
meeting of L:k'cembcr • 1970 . (Copies transmitted
he r wi t h .)
(I ) Ml•n10 r rmdum r comm nding the rezoning of
lb 1 -G. Bl ock 1. und Lots I -4, Block 8 of
Pi Lts nt Vlew, Sceond Filing, was taken care
of nt a pt"t'\ i uu s m Ptmg .
(d) Pl an n ing .wd Zvnlng '<Hnm . 6 ion .
(1) M<'t n• ,, nn du m r P•·· mrrwnding the r zoning o f
L ots 17-:12, in ,·lw·,"H •, flluf'i, I , EngiC'wood,
(C\l n t lnucd)
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TY COI(ry_c _r~,, C:~CUMENT
AGENDA FOR REGULAR COUNCIL SESSION
JANUARY 18, 1971 JAN 1 1 71
Page 2
C Cl'NC...iL I .-
CITY OF E NG L ~-~I LE
3. Communications. (Continued)
(d) Planning and Zoning Commission. (Continued)
a ll of Block 19, Englewood, and Lots 1-16,
inclusive, Block 20, Englewood, from
R-1-C to R-3-B. (Copies transmitted
herewith.) (Copy of a.n ordinance with re-
gard to the above is transmitted herewith.)
(2) Memorandum recommending the approval
of the vacation of the Broadway-Acoma
a lley between West Hampden Avenue and
Little Dry Creek. (Copies transmitted
herewith .)
(e) Minutes of the Library Board meeting of January 12,
1971. (Copies transmitted herewith.)
(f) Minutes of the Parks and Recreation Commission
meeting of January 13, 1971. (Copies transmitted
herewith.)
4. City Attorney.
(a) Bill for an Ordinance regulating the planting and
maintenance of trees and plants and establishing
the office of City Forester. (Copies transmittci:l
herewith.)
(b) Bill for an Ordinance establishing certain business
license fees. (Copies will be available at the
session.)
(c) Discussion of a liquor license renewal application
for Ban Ham Liquors, Inc. (Copy of a letter from
Mr. Edward Eppich, Attorney, transmitted here-
with.)
(d) Attorney 's choice.
5. City Manager.
(a) Discussion of an agreement for a Study of Cooperative
Computer Use between Englewood, Littleton, and
Arapahoe County. (Copy of agreement and a report
entitled "Proposal-Arapahoe Regional Automated
Property Subsystem" transmitted previously.)
(b) Authorization to sell to the Public Service Company
certain trans form er a nd other -lectrical appurtenances
wned by ~h<> Cit},
(c) Appointment of a City repre entatlvt> as stockholder
on th e Board of the McBroom Ditch Company, Inc.
(Memorandum from Mr . Charles A. Carroll, Utilities
Director·, transml ted her with.)
(d) AppolntmPnt of a comml~tee to re lew and upgrade the
pres nt sew r ordinance .
(e) Appointment 0f • ..n ttdvisory committee to assist with
th dl' t'l~1pmrnt of the Ma1:1t r Traffi Plan.
( on inu d)
0 00. COLO.
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AGENDA FOR REGULAR COUNCIL SESSION
JANUARY 18, 1971
Page 3
6. Recognition of non-scheduled citizens and visitors.
7. Gene ral discussion.
(a) Mayor's choice.
(b) Councilman's choice.
8. Adjournment.
STANLEY H. DIAL
City Manager
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RESOLUTION NO . 3, SERIES OF 1971
RESOLUTION AU 'rHOR IZI NG A ND DIRECTING THE MAYOR
AND CITY CLERK TO EXECU'l'E , ON BEH.ZI.LF OF THE CITY OF ENGLEivOOD,
AN AHENJ:A'4EN'l' TO A LEASE WITH SHOPPING CE NTERS COMPAN Y, WHICH
ANEND:>lE NT PROVIDES FOR THE ELIHINATI ON OF THE TIME LHliTS
H1POSED BY THE CI TY ON THE PARKING LO'l' CO VERED BY. SAID L EASE .
\\'HER:C:AS , the CL:y of :C:nglc\·!Ooc , die, 0:1 tl-.e 26·:::~
day of :-.over.,ber , 1950, ente::::-in·to a Lease witn s::o_?pi:-.s·
Centers , Inc. (the predecessor vf s:'lopping Ce;-:.te::s Co:-.-.:_:.;:::-_y ,
a co-partnership), ana ;""las sui:>sequ.;mtly amended t::'"le sa;.~e o:-_
three occas i ons, and
WH:C:REAS, tJ-,e City Co u:1cil has heret:o:O:o:::-e dc ·cc:.:-::.::.:~;o.C:..
that it is in the bes:: i:1 teres·:: of th e Ci"'..:y ·t o c a-..:se .::.. fu::·c:-.~::
ai:".enO...T.ent to be mace i:1 the same,
N0~\1 , ~!{~~:::FORE, BL IT ~ZSOLV:SD 3Y ?i:~ C:.:':l·Y CV~:\·c:.::.:..
OF TH:C: CITY 0? :C:~G i.:C:tTvOD, CO i.CRr..:JO , ti:c.t the :'-l ~yo:.:-c.r.C. c::.::y
Clerk are hereby autho;:-i zcd ar.d C.i:cectcC. ·to exec;.;:.:c, o:'l ::,;:;-
half o f the City , that: c a::·;:ain Jl.:-:.a:1.C.:·:ta:--/~ "co L~~s~ bEn::\·/e-2:: ·.::-:.~
City and S:C.op_?ing Ce;-,te::::-s Company, a co-_?a:ctne:cs::i~:., 2. _;;:;~-_'.!
of w~icn is attacheC heret o.
Mayo::-
Attest:
City Cl erk
I, Stephe:1 P. •• Lyo::-1 , Ci 'cy Cle::::-;< o f the c::.'cy o:.:
Englewood, co hereby c e:ccify tha·c the a"!Jo v e ar.d io:ces;oi:-.c;: :..~
a true , accurate a:-.d co:r,?-etc co:;::;y o:: a r.:!solu·::::.o:-; c...::c?·t.:!c
by the City Counc il of tl-,e Ci'.:y o~ Englewood a '.: its ::::-c<;;~..::.a::
mee-cing on , 1971.
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AMENDME~~ T O LEA SE
This Agreement , mad e and executed this _____ d ay
o f , 1971, by and between the City of
Englewood , a Colorado municipality orga nize6 pursuant to the
prov isions o f Article XX of the Const itution o f the St ate
of Colorado (hereinafter called "City") and Shopp i ng Cer.tC:rs
Co mp any, a co-partners hip (h ereinafter c a lled "C?mpany ").
WIT NE SSETH: I
WHEREAS , th e parties h ereto, or their pr edecesso~s ,
have neretofore executed a L ea se, dated Nov~ 26, 19 5 0,
as am ended by instruments d ated January-3D, 1953, Nove~~r 8 ,
1961, and May , 1967 •) by virtue of which the City lea sed to
the Corr.pa ny' s predec e sS'ior· c ertain ~ealty therein described .
for a p e riod terminat ing at twel~e o'clock noon on the first
day of December, 197 5 , and
WHEREAS, it is the mutual desire of the pa rties
hereto to further amend said Lea se;
NOW, THEREFORE, it is mutually cov enai1ted and
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agreed
as follows :
1. Paragraph 5 of said Lease agreement is hereby
amend ed and modified so as to provide that there shall be
no city imposed parkif¥3 time limit in any portion of the
parkins lot and to delete the following phrases:
" ••• and the Les sor , THE CITY OF EKGLEWCOD , as;rces '.:o
police said public parking lot and to is s~e t=af=ic
summonses for violation of t!'.e parking lot li;..itc.'cio:-.s
wh enever requested to do so by the said Le s see , .••
2. Th e following paragraphs are hereby added to s~ic
L ease by am endment:
"Lessor r eserves fee title to the mineral estate
underly ing the demised premises and to the air space
ov er lying the demised premises and shall be entitled
to access to said mineral estate and air spac~ for
the pu rpose of dev eloping the same , so long as such
access and dev elopment docs not unreasonubly inte::-
fere wi th the u se of the demised p~emises by Lessee
a s a p arking lot in the manner contemplated by this
Lease.
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"The obligutio:-:~s assumed by the parties to ·.:his
Lease and all Amendments thereto are complete-ly se\· _
abl,.e and sepa rate and that," should any single provi -
sion, obligation or item of consideration be declared
by a court of competent jurisdiction to be .void ,
illegal or o 'che rwis e ineffect iv e or unenforceable,
said declaration sh a ll not t erminate said agreements,
nor sh a ll t he same have any effect upon the o ther
provisions thereof .
"Said Lease and all Arne:1dments thereto shall be
binding upon and inure to t he b enefi t o £ the succes sors
and assigns of the parties thereto ."
3. Except as expressly mooified n e rein , a::.l of t:12
other terms and conditions of said Parag r aph 5 and a ll of the
other terms and co;-.d i tions of said Lease and 9 ll the Amend-
ments thereto shall remain in full force and effect.
IN WIT~LSS l~EREOF, the parties hereto have herc~:1to
set their hands and seals the day <md year first above \·t r:.. tte::.
A:;L'TEST:
City Clerk
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THE CITY OF ENGL EI\10 0:::>, CO i.O~A;)C
By ____________________________ __
Mayor
Sr~OPP IK G CE~"T ER S CQ:\;PAi\TY ,
a co-partnership
By------------~---------------
1\ Gener al P artner
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A_~,e~A) r · Re solution No. Series of 197:..
\ 1\.!~J (( .~ _ t( RE SOLUT I O~ l'.1JT I OR2:Z I KG A.w DIRE CT I KG ':2:e;~I..I_~L ME:CTIN G F
T .---C.!.-m1Y c -L"'R:< TO ~XE cT =~ ON B~ -~-~ o ~ M ~ n-nv o~ . .OF.G£ . /LE '\ . i ...,_.., ~ . "' u.~..:., .t:. ".Ll: " .~, .;:. '-.I.•--' ..:c\ __ .. +000, COL \, J A::\ AY.Ll\TDMENT TO A LEA SE WITH SHO?PING CEl\"'i'ERS c m:?i>.~"Y, ~-;:::c~~: 0 ; ( (' ;;~· ..... ,
l_ ~) WHEREAS, the City of Englewood, did, on the 26~~
)
/' t day of Kovember, 1950, enter into a Lease with Sh oppi:-,g
· . Centers, I n c. (t he prede cessor o f Sn apping C en~e::s Co rr.?c:.:-:J,
} a co-partnership), and has subsequently a mended tne sa::-.e o:-. _}J t h ree .occasions, and
\ D WHEREAS, the City Council has heretofore dete::::.:.:-.'-c..
\. ~h at it is in the best interest of the City to cao.lse a fu ::·.::-. .:o::
arr.endrnent to be made in the same,
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KOW, T HERE F ORE, BE IT RESOLVED BY TE E CITY CO ~~C~~
OF T HE CITY OF EKGLEWOOD, COLORADO, that t h e Mayor a nd C ~~y
Clerk are hereby a uthorized and dire cted to e x e cu'c e , o :'1 :::,e -
half o f th e City, t h at c e rtain Ame nd:-:le nt to L ease b e tv1ee~ ·.::-. .::
City and Sh opping Ce n ters Company, a co-partners:".i p , a CO?':!
of which is attached hereto.
i.V1ayor
Attest:
City Clerk
I, St ephen A . Lyon , City Cl e rk o f the c~~y of
Englewoo d , do her eby c ertify ~ha·c the bov e and fo r egoi:.J ~s
a -cr'-le , a ccura t e ar.d co rr.p :..e~e CO?Y of a resolu'cio:". aC:cp.:.::c
by ~:ne City Counci l o f t~e City o~ Englewood at its ::c ~~:..~::
;o.ee~:ing o n -----------------------------' 197 1 .
City Cl :.-:<
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AMENDMENT TO LEA SE
Th is Agreement, mad e and e x e cut ed this _____ day
of , 1971, by and b etwe en t h e City o f
Englewoo d , a Colora d o municipality org anized pursua n t t o t he
provisions of Article XX of the Const itution of t h e St a te
o f Colorado (h e r e ina fter called "City") and Shopp i ng Centers
Company, a co-partnership (hereinafter called "Company").
WITNESSETH: I
WHEREAS, the parties hereto, or their p redec esso r s , '·@-_ :
h ave heretofore execut e d a Lease, dated Nov~ 26, 1950, _
as amende d by instruments dated January_3.0, 19.53, No~e r 8 ,
1961, and May , 1967~ by virtue of which the City leas ed to
the Company's predeces or' certain realty therein d escrib e d.
for a period terminati g at twelve o'clock noon on the f irst
day of December, 1975, and
WHEREAS, it is the mutual desire of t h e parties
hereto to further a me nd said Lease;
NOW , THERZFO~, it is mutually covenanted an~ a g r eed
as follows:
1. P a ragraph 5 o f s a i d Lea se aguement is h er eby • I
ame n ded a n d modified~ a ~ to provi de t h atJil(itere slrdl. he nCl.\.~; f)
parking time limit i~he portion of the parking lot desig~d
as section B on ·the plat at~ched hereto and by reference in-
corporated herein and so •~o d e lete the followin g p h rase s : 1 f ' I ~, L
" ••• and the Lessor I THE CITY OF E~G::..i:.~O CD . :.g ree~ 1t o ( 1
police said public parking lot and to issue traffic ~
summ onses f or vio lat ion of t he pa rking lot limitat ior.s ' T
whenever requested to do so by the said Les s e e ,... A.rJ H ~
2. T he f ol l owing paragra p h s are h e reby a d ded to s ~~
L ea se by a mendment:
"Lesso r r eserves fee title to th e mineral state
underlying the demised premises and to the air space
overlying the demised premises und shall be en itled
to access t o said miner al estate and air space for
t. e purpose of dev eloping the same , so long as such
access and dev elopmen t d o cs not unreasonab y inter -
fe r e with the u se o f the emised premises by Lessee
as a parkin g lot i n t he manner cont emp lated by this
L e a se .
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"The obligations assume by the parties to c:his
Lease and all Amendments ther e to are compl e t e ly sever -
able and separate and that, s ou ld any single p rovi -
sion , obligation or item of consideration be d e clared
by a court of competent jurisdiction to be voi d ,
illegal or otherwise ineffective or unenforceabl e ,
s a id declaration shall not terminate said agreeme nts,
nor shall t he same have any effect upon t he other
pro visions thereof .
"Said Lease and all Amendments thereto shall b e
binding upon and inure to the benefit of the succe s sor s
and assigns of the parties thereto ."
3 . Except as expressly modified herein, al l of t~c
other t erms and conditions of said Paragraph 5 and all of t he
other terms and conditions of said Lease and all the Amend -
ments thereto shall remain in full force and effect .
IN WITNESS WHEREOF, the parties hereto have her eu~to
set their hands and seals the day and year first above writ te ~.
ATTEST :
City Clerk
THE CITY OF ENGLEWOOD, COL OR DC
By __________________________ _
Mayor
SHOPPI 'G C E~~ERS COMPANY,
a co-partnership
By ____________________________ _
A General Partner
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OFFICIAL
(""JTV .-niiNC":I L DOCUMENT
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(Greenwood Avenue) w FLoyd A v e.
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OFFICIAL
COUNCIL CHAMBERS
CITY COUNCIL DOCUMENT
Pr'TIIRN TO
CITY OF ENGLEWOOD, COLORADO
DECEMBER 21, 1970 JAN 18 '71
REGULAR MEETING:
C OU~CIL t. :_ L..; ',G FIL E
CITY OF E NGL EW OOD, COLO.
The City Council of the City of Englewood , Arapahoe
County, Colorado, met in regular session on December 21, 1970
at 8:00 P. M.
Mayor Schwab, presiding, called the meeting to order.
The invocation was given by Rev . Herbert Hosanna of
the Ma yflower Congregational Church. Pledge of al l egiance was
led by Boy S cout Troop No. 115.
The Mayor asked for roll call. Upon the call of the
roll, the following were present:
Schwab.
Councilmen Brown, Dhority, Kreiling, Lay , Lone, Senti ,
Absent: None
The Mayor declared a quorum present .
Also present were: City Manager Dial ,
Assistant City Manager McDivitt,
City Attorney Berardin i ,
City Clerk Lyon.
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COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED ,
THAT THE MINUTES OF THE SPECIAL MEETING OF NOVEMBER 30 , 1970 ,
BE APPROVED AS READ. Upon the call of the roll , the vote
resulted as follows:
Ayes: Councilmen Brown, Dhority, Kre iling , Lay ,
Lone, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried.
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Mr. Paul Blessing, 4122 South Galapago, Englewood ,
Colorado, Chairman of the Parks and Recreat ion Commission,
appeared before City Council in regard to an appropriation of
funds for the appraisal and acquisition of property for a
golf course. Mr. Blessing stated that there appeared to be
three prime locations for a golf course (a ) Southwest of
West Hampden and the Platte River (b) West of the Platte River
from West Union to West Belleview and (c ) South of McLe llan
Reservoir. Mr. Blessing discussed the need for a local golf
c ourse and requested money for the study of the golf sites and
for payment of options on various parcels of property once the
site is selected.
Mr . George H. Allen, 2799 South Do wning , Englewood ,
Colorado, appeared before City Council and discussed the need
for a golf course for the City of Englewood .
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Mr. Jacques Stackhouse, 2880 South Pennsylvania,
Englewood, Colorado, appeared before City Council and reiterated
the need for a golf course. Mr. Stackhouse stated that if the
Platte River site were selected, it might be possible to finance
a part of the construction through Federal Aid for beautification
of the Platte River.
Mr. E. P. Romans, Director of Parks and Recreation,
appeared before City Council and presented an aerial photo show-
ing the site southwest of the Platte River and Hampden Avenue.
Mr. Romans stated that the site could initially be a nine-hole
golf course and would serve to clean up the Platte River area.
Mr. Jacques Stackhouse reappeared before City Council
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and indicated, upon Council question, the Commission was requesting
$25,000 for the study and for the options.
Mr. Harold Rust, 3811 South Clarkson, Englewood,
Colorado, appeared before City Council in support of the requested
appropriation for the study and options for land for a golf course.
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED,
THAT THE REQUEST OF THE PARKS AND RECREATION COMMISSION FOR A
$25,000 APPROPRIATION TO STUDY A GOLF COURSE SITE AND PURCHASE
OPTIONS FOR LAND BE TABLED AND CONSIDERED AT A JANUARY, 1971
STUDY SESSION OF CITY COUNCIL. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried.
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Mr. Lloyd Winter, 1703 West Crestline, Littleton,
Colorado appeared before City Council in regard to the charging
of city sales tax on merchandise sold by non-profit organiza-
tions. Mr. Winter discussed the fund raising activities of the
Civil Air Patrol. He stated that the Air Patrol was required
t9 take out a sales tax license and submit the tax. Mr. Winter
stated that this regulation applied to all non-profit enterprises
and he indicated that he felt this was unfair as the sales were
to raise funds for charitable organizations.
City Manager Dial indicated that this was a problem
area within the sales tax enforcement .
Director of Finance Lyon discussed the enforcement of
sales by non-profit organizations in other cities. It is the
consensus of City Council that the attorney and the administra-
tion look into the sales tax problem and prepare a report.
******
Mr. Ed Eppich representing Mr. Charles 0. Bishop,
owner of New Frontier Liquor Store (Ban Ham, Inc.) appeared
before City Council to request the renewal of the New Frontier
Liquor license for 1971. Mr. Eppich indicated that Mr . Bishop
wasn't asked and he could not attend the City Council meeting.
He further indicated that the outlet had not been opened since I • •
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February 12, 1969 due to the fire and that Mr. Bishop is making
efforts either to open the place of business or to sell it.
The City Council discussed the renewal request of the
New Frontier Liquor Store with Mr. Eppich.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE APPLICATION OF NEW FRONTIER LIQUORS FOR THE PACKAGE OUTLET
LICENSE RENEWAL FOR 1971 BE RECEIVED, BUT NOT APPROVED ; AND THAT
IT BE HELD IN ABEYANCE UNTIL THE JANUARY 18 , 1971 CITY COUNCIL
MEETING, AND AT SAID MEETING THE CITY COUNCIL SHALL CONSIDER
WHETHER THE LICENSE SHOULD BE RENEWED FOR 1971. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority , Lay, Senti, Schwab.
Nays: Councilmen Kreiling, Lone.
Absent: None
The Mayor declared the motion carried.
* * * * * *
Mr. Gerald Willis, 1223 Pearce, Lakewood, Colorado:;
Manager of Shakey's Pizza Parlor, 3281 South Santa Fe, Englewood,
Colorado, appeared before City Council and requested renewal
of Shakey's 3.2 beer license for a period beginning on January
15, 1971.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
THE 3.2 BEER LICENSE OF SHAKEY'S PIZZA PARLOR, 3281 SOUTH SANTA
FE DRIVE, ENGLEWOOD, COLORADO BE RENEWED FOR 1971. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Brown , Dhority, Kreiling, Lay, Lone , Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried.
* * * * * *
City Manager Dial introduced Mr. Ron Hughes of
Unigraphics, 1441 Wazee, Denver, Colorado. Mr. Dial stated that
Mr. Hughes had prepared six suggested "marks" for the City of
Englewood.
Mayor Schwab called recess at 9:45 P. M. Council
reconvened at 10:15 P. M. Upon the call of the roll , the
following were present:
Councilmen Brown, Dhority, Kreiling , Lay, Lone ,
senti. ~v:hwab.
Mr. Ron Hughes, 1441 Wazee, Denver, Colorado , appeared
before City Council and discussed the suggested "marks" with
members of Council.
* * * * * *
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COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED,
THAT THE PUBLIC HEARING ON THE 1970 FIRE PREVENTION CODE BE
OPENED. Upon the call of the r ol l, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority , Kreiling, Lay, Lone, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried, and the public hearing
opened at 10:45 P. M. (Note: A tape recording of the public
hearing is on file with the official minutes .)
Fire Chief William Hamilton appeared before City Council and discussed the Code.
COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED,
THAT THE PUBLIC HEARING ON THE 1970 FIRE PREVENTION CODE BE
CLOSED. Upon the call of the roll, the vote resulted as follows :
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried, and the public hearing closed at 10:50 P. M.
* * * * * *
BY AUTHORITY
ORDINANCE NO. 36, SERIES OF 1970
AN ORDINANCE REPEALING AND REENACTING TITLE II, CHAPTER
3 ENTITLED, "FIRE PREVENTION CODE", 1969 ENGLEWOOD MUNICIPAL
CODE AND ADOPTING THE 1970 FIRE PREVENTION CODE BY REFERENCE,
WITH THE EXCEPTION OF THAT PORTION OF THE CODE PERTAINING TO
FIREWORKS: AND CALLING FOR PUBLIC HEARING THEREON.
(Copied in full in the official Ordinance Book .)
COUNCILMAN DHORITY MOJED, COUNCILMAN LAY SECONDED,
THAT ORDINANCE NO. 36, SERIES OF 1970 BE PASSED ON FINAL READING
AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Upon the call of the roll, the vote resulted as follows :
Ayes: Councilmen Brown, Dhor ity, Kreiling , Lay, Lone , Senti, Schwab.
Nays: Non e.
Absent: None
The Mayor declared the motion carried •
* * * * * *
A memorandum from Mr. William L. McDivitt, Assistant
City Manager , projecting future perso nnel service costs in the
Fire Department was rece~ved for the record.
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A memorandum from Mr. Stephen A. Lyon, Finance Director,
establishing the interest rate chargeable against assessments
for Paving District No. 19, and Sidewalk Improvement District
No. 70 was received for the record.
* * * * ., *
A report from Mr. Kells Waggoner, Direc t or of Public
Works, outlining final assessment data for Sidewalk Improvement
District No. 70 was received for the record.
* * * * * *
The minutes of the LLbrary Board meeting of December
8, 1970 were received for the record.
COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED,
THAT CONSIDERATION OF THE 1971 CONTRACT WITH THE ARAPAHOE REGIONAL
LIBRARY BOARD BE REMOVED FROM THE TABLE. Upon the call of the
roll, the vote resulted as follows :
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone , Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried.
* * * * * *
COUNCILMAN DHORITY
THE CITY OF ENGLEWOOD ACCEPT
REGIONAL LIBRARY BOARD AND A
$2,500 IN ADDITIONAL FUNDS.
resulted as follows:
MOVED, COUNCILMAN .LAY SECONDED, THAT
THE CONTRACT OFFERED BY THE ARAPAHOE
LETTER OF AGREEMENT OFFERED FOR
Upon the call of the roll, the vote
Ayes: Councilmen Brown , Dhority, Kreiling , Lay, Lone, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carrLed.
* * * * * *
The minutes of the Planning and Zoning Commission
meeting of November 17, 1970 were receLved for the record .
The minutes of the Board of Career Service Commissioners
meeting of December 17 , 1970 were receJved for the record.
* ., .. * * *
The mi nutes of the Board of AdJustment and Appeals
meeting of November 18, 1970 were received for the record with
a memorandum recommending the encroachment of a forty-two inch
two-rail redwood fence four feet on CLty property by Robert
Martin, 4655 South Pearl Street , Englewood, Colorado.
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City Manager DLal presented photos of the property .
Mr .. Dia l indicated that the redwo od fence was recommended by
the Board to be relocated 18" back from the location at which
the poles had been i nstalled.
Mr. Robert Mar tin , 4655 South Pearl, Englewood, Colo-
rado appeared before C ity Council and requested that the Council
allow him to place this fence back six inches from the sidewalk
where he had already installed the posts. Mr. Mart in indicated
that a fence had existed at the location at which he was intending
to build the present fence. Mr. Martin discussed the fact that
he had received a ticket for violating the City Ord in ance by
constructi ng the fence on City Property in the Summer of 1970.
Mr. Martin discussed his attempt to obtain an encroachment
agreement 6" from the City sidewalk.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
MR. ROBERT MARTIN, 4655 SOUTH PEARL, ENGLEWOOD, COLORADO BE
ALLOWED TO BUILD A NEW FENCE WHERE THE OLD FENCE HAD BEEN LOCATED,
SIX INCHES FROM CITY SIDEWALK, AND DIRECTED THAT THE MAYOR AND
CITY CLERK BE AUTHORIZED TO EXECUTE THE ENCROACHMENT AGREEMENT.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone ,
Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried.
* * * * * *
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Councilman Brown left the Council Chambers at 10:45 P. M.
* * * * * *
The minutes of the Parks and Recreation Commission
special meeting of December 17, 1970 were received for the
record.
* * * * * *
A memorandum and attachments from Mr. James L. Supinger ,
Planning Director, dated December 14, 1970 recommending the
approval of rezoning changes in the vicinity of So~th Lowel l
Boulevard and West Tufts Avenue was received for the record.
Discussion ensued.
COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED,
THAT THE CITY ATTORNEY PREPARE A BILL FOR AN ORD I NANCE CONCERNING
THE APPROVAL OF REZONING CHANGES IN THE VICINITY OF SOUTH LOWELL
BOULEVARD AND WEST TUFTS AVENUE AS RECOMMENDED BY THE PLANNING
AND ZONING COMMISSION FOR CONSIDERATI ON AT THE CITY COUN CIL'S
JANUARY 4, 1971 MEE TING . Upon the c all of the roll , the vote
resulted as follows:
Ayes: CouncLlmen Dhority, Kreiling, Lay, Lone, Schwab .
Na ys : None
Abstaining: Councilman Sen ti.
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Absent: Counc ilman Brown
The Mayor declared the motion carried.
* * * * * *
City Council received a memorandum dated December
14, 1970 from Mr. James L . Supinger, Planning Director, concerning
a ct ions of the City Planning and Zon i ng Commiss ion on considering
rezoning at its meeting of December 8, 1970.
Mr. Clayton Smith and Eleanor Smi th appeared before
City Council concerning a rezoning in their neighborhood. Mr.
& Mrs. Smith inquired as to whether they would be not ifi ed if
a rezoning hearing would be held.
City Manager Dial replied that the subject property
would be posted for rezoning and a rezoning notice published in
the Englewood Herald.
******
The financial report for the month of November was
received for the record.
* * * * * *
BY AUTHORITY
ORDINANCE NO. 37, SERIES OF 1970
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF
ENGLEWOOD, COLORADO FOR THE FISCAL YEAR 1971.
(Copied in full in the official Ordinance Book .)
COUNCILMAN LAY MOVED, COUNCILMAN DHORTTY SECONDED,
THAT ORDINANCE NO. 37, SERIES OF 1970 BE PASSED ON FINAL READIN G
AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Upon the call of the roll, the vote resulted as follows:
Schwab.
Ayes: Councilmen Dhority, Kreiling , Lay, Lone, Senti,
Nays: None
Absent: Councilman Brown .
The Mayor declared the motion carried.
* * * * * *
BY AUTHORITY
ORDINANCE NO . 38, SERIES OF 1970
(Copied in full in the official Ordinance Book.)
AN ORDINANCE APPROPR IATING SUMS FOR ALL MUNI CIPAL
PURPOSES IN THE CIT Y OF ENGLEWOOD, COLO RADO, IN 'lHE FISCAL YEAR
BEGINNING JANUARY 1, 1971, AND ENDIN G DE CEMB ER 31, 1971, CONSTITUT-
ING WHAT IS TERMED THE AN NUAL APPROPR I ATION BIL FOR THE FISCAL
YEAR 1971.
COUNCILMAN LONE MO VE D, COUN ILMAN LAY SECONDED, THAT
ORDINANCE NO. 38, SER IES OF 1970 BE PASSED ON FINAL READING AND
PUBLISHED BY TITLE IN 'I'HE ENGLEWOOD HERALD AND EN'TERPRISE . Upon
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the call of the roll, the vote resulted as follows :
S chwab. Ayes: Counc~lmen Dhority, Kreili ng, Lay, Lone, Senti,
Nays: None
Absent: Counc ilma n Brown.
The Mayor declared the motion carried.
* * * * * *
City Attorney Berardini stated that due to the fact
that certain properties on South Santa Fe Lane had no t been
notified of the renaming of that street to South Windermere
Street , the renaming of that portion of South Santa Fe Lane
north of West Tufts Avenue was recommended to be postponed.
Mr. Berardini indicated that the subject portion of the street
could be renamed by Council prior to the publicat i on of the 1971-
1972 telephone book.
Introduced as a Bill by Councilman Dhority and read in full,
A BILL FOR
AN ORDINANCE AMENDING ORDINANCE NO . 29, SERIES OF
1969; DELAYING THE EFFECTIVE DATE OF RENAMING "SOUTH SANTA FE
LANE" TO SOUTH WINDERMERE STREET" FROM JANUARY l, 1971 TO
NOVEMBER 1, 1971; AND DECLARING AN EMERGENCY .
(Copied in full in the official Ordinance Book .)
COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED,
THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND
ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Upon the call of the roll, the v ote resulted as follows ·
Schwab.
Ayes: Councilmen Dhority , Kreil~ng, Lay , Lone, Senti,
Nays: None
Absent: Councilman Brown.
The Mayor declared the mot ion carried .
Ci ty Attorney Berard~nl ind cated that he wou d give
a report to the City Coun c~l on January 18, 1971 on the status
of all City litigat ion.
* * * * * *
City Man ager Dial repor~ed that the City of Litt leton
had dropped the proposed annexation of the Arapahoe County
Fairgrounds Board Property at the int rsec 1 0n of Belleview
and South Wi ndermere Street. Mr. Dia l stated that he did not
expect the Fairgrounds Board o file an annexation pe ition with
the City of Englewood in the near future for the annexat~on of
the property occupied by th e S outh Dr i ve-In Theatre
C1ty Manager D1 al d 1scussed certatn year ending
financial transfers and supplements to the 1970 Budget.
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RESOLUTION NO. 39, SERIES OF 1970
A RESOLUTION MAKING FINANCIAL TRANSACTIONS IN THE
PUBLIC IMPROVEMENT AND BUS FUNDS AND THE POLICE DEPARTMENT.
(Copi e d i n full in the official Resolution Book.)
COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED,
THAT RESOLUTION NO. 39, SERIES OF 1970 BE ADOPTED AND APPROVED.
Upon the c a ll o f th e roll , the vo t e res u lted as follows:
Schwab. Ay es: Counci lmen Dhority , Kreiling, Lay, Lone, Senti,
Na y s: None
Absent: Councilman Brown
The Mayor declared the motion carried.
* * * * * *
RESOLUTION NO . 40, SERIES OF 1970
A RESOLUTION REASSIGNING 'OFFICE MANAGER-UTILITIES'
FROM GRADE 25 TO GRADE 24 OF THE CLASSIFIED SERVICE OF THE CITY OF ENGLEWOOD, COLORADO .
(Copied in full in the official Resolution Book.)
COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT
RESOLUTION NO . 40, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon
the call of the roll, the vote resulted as follows:
Schwab. Ayes: Councilmen Dhority, Kreiling, Lay, Lone, Senti,
Nays: None
Absent: Counc ilman Brown.
The Mayor declared the mot i on carried.
******
RESOLUTION NO. 41, SERIES OF 1970
A RESOLUTION ESTABLISHING THE CLASSIFIED POSITION OF
PLANNING ASSISTANT AT GRADE 21 OF THE CITY OF ENGLEWOOD PAY PLAN.
(Copied i n full in t h e of f ic i a l Resolution Book.)
COUNCILMAN KREILING MOVED, COUNCILMAN SENTI SECONDED ,
THAT RESOLUTION NO. 41, SER I ES OF 1970 BE ADOPTED AND APPROVED .
Upo n t he cal l of the roll , the vote result ed a s follows:
S c hw a b. Ayes : Councilmen Dhority , Krei l i ng, Lay, Lone , Senti ,
Nays : None
Absent : Councilman Brown.
The Mayo r declared the motlon carried.
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RESOLUTION NO. 42, SERIES OF 1970
A RESOLUTION ESTABLISHING THE CLASSIFICATION OF 'DRAFTS-
MAN' AND ASSIGNING SAID CLASSIFIED POSITION TO GRADE 19 OF THE
CITY OF ENGLEWOOD'S PAY PLAN.
(Copied in full in the official Resolution Book.)
COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED,
THAT RESOLUTION NO. 42, SERIES OF 1970 BE ADOPTED AND APPROVED.
Upon the call of the roll, the vote resulted as follows:
Schwab.
Ayes: Councilmen Dhority, Kreiling, Lay, Lone, Senti,
Nays: None
Absent: Councilman Brown.
The Mayor declared the motion carried.
* * * * * *
RESOLUTION NO. 43, SERIES OF 1970
A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY
MANAGER, MUNICIPAL JUDGE AND ALTERNATE JUDGE, CITY ATTORNEY AND
ASSISTANT CITY ATTORNEY.
(Copied in full in the official Resolution Book.)
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
RESOLUTION NO. 43, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon
the call of the roll, the vote resulted as follows:
Schwab.
Ayes: Councilmen Dhority, Kreiling, Lay, Lone, Senti ,
Nays: None
Absent: Councilman Brown
The Mayor declared the motion carried.
* * * * * *
City Manager D~al presented the following items for
consideration b y City Council:
(1) A contract under the TOPICS Program between the
State Highway Departmen t and the City of Englewood to design a
bridge over Little Dry Creek and South Clarkson Street;
(2) A memo of agreement with Cherry Hills Village
concerning participation of each city in the engineering of the
design of the bridge over Little Dry Creek and Sou th Clarkson
Street; and
(3) A c o ntract with the State Highway Department to
install traff~c signals at South Broadway and Chenango Avenue,
South Broadway and Tufts Avenue, u. s. 285 and South Downing
Street, South Federal Boulevard (S tate Highway 88) and West
Union Avenue; all a part of the TOPICS Program.
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CONTRACTS
VILLAGE.
follows:
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COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
AND CITY CLERK BE AUTHOR IZED 0 EX EC UT E THE TOPICS
AND THE MEMORANDUM OF AGREEMENT WITH CHERRY HILLS
Upon the call of the roll, t he vote resulted as
Ayes : Councilmen Dhority, Kreiling, Lay, Lone, Senti,
Nays: None
Absent: Councilman Brown.
The Ma yor declared the mot ion carried .
* * * * * *
City Manager Dial presented a memorandum setti ng forth
the expiration date of various board and commission members.
* * * * * *
Mr. James L . Supinger, Planning Director, reappeared
before City Council and discussed the formation of a Citizens'
Committee to involve itself in the certification of a Workable
Program by the u. S. Department of Housing and Urban Development.
* * * * * *
City Manager Dial stated that the City of Englewood had
received a request from the Colorado Municipal League that the
City participate in the amount of 2~¢ per person to assist in
opposing the application by the Mountain Bell Telephone Company
to increase telephone rates.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
THE ENGLEWOOD CITY COUNCIL APPROVE THE PARTICIPATION OF THE CITY
OF ENGLEWOOD IN LEGAL ACTIONS BEFORE THE PUBLIC UTILITIES COMMIS-
SION BY THE COLORADO MUNICIPAL LEAGUE AGAINST THE APPLICATION BY
MOUNTAIN BELL TELEPHONE COMPANY TO INCREASE TELEPHONE RATES; SAID
PARTICIPATION TO BE AT 2 ~¢ PER PERSON . Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Dhority , Kreiling, Lay, Lone, Senti,
Schwab.
Nays: None
Absent: Councilman Brown.
The Mayor declared the motion carried.
* * * * * *
City Mana ger Dial presented a proposed agreement
between the City and County of Denver and the City of Englewood
for the installation of a remote computer terminal into the
Denver Crime Informat1on Center System.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
THE PROPOSED AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND
THE CITY OF ENGLEWOOD FOR THE CITY OF ENGLEWOOD'S PARTICIPATION
IN THE DENVER CRIME INFORMATION CENTER COMPUTER SYSTEM BE APPROVED
AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE
CONTRACT DOCUMENTS. Upon the call of the roll, the vote resulted I • •
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as follows:
Schwab.
Ayes: Councilmen Dhority, Kreiling, Lay, Lone, Senti,
Nays: None
Absent: Councilman Brown.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial stated that preparation of the 1970
Annual Report was in progress and would be mailed to all Engle-
wood customer's of the Water Utility.
* * * * * *
Councilman Dhority inquired about the dedication of
streets within the Cinderella City Shopping Center.
City Attorney Berardini indicated that a report would
be prepared for the first meeting in January, 1971.
* * * * * *
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
THE MEETING BE ADJOURNED. Upon the call of the roll, the vote
resulted as follows:
Schwab.
Ayes: Councilmen Dhority, Kreiling, Lay, Lone, Senti,
Nays: None
Absent: Councilman Brown.
The Mayor declared the motion carried, and the meeting adjourned
at 11:45 P. M.
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OFF ICI AL
COUNCIL CHAMBERS CITY COUNCIL DOCUMENT
RETURN TO
CITY OF ENGLEWOOD, COLORADO
JANUARY 4, 1971 JAN 1 i3 '71
REGULAR MEETING:
C C!.:~KT ... r·: .. '!:;FILE
CITY CF ENCLE ':!OOD, C OLO.
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on January 4, 1971 at
8:00 P. M.
Mayor Schwab, presiding, called the meeting to order.
The invocation was given by Councilman Howard Brown.
Pledge of Allegiance was led by Boy Scout Troop No. 154.
The Mayor asked for roll call. Upon the call of the
roll, the following were present:
Councilmen Brown, Kreiling, Lone, Senti, Schwab.
Absent: Councilmen Dhority and Lay.
The Mayor declared a quorum present.
Also present were: City Manager Dial,
City Attorney Berardini,
City Clerk Lyon.
* * * * * *
Mr. Harold Rust, Manager of the Englewood office of
the Public Service Company, appeared before City Council and
presented the check on the estimated franchise for the last
quarter of 1970 in the amount of $34,500.00.
* * * * * *
Mr. Pat Schwartz, representing Shopping Centers , Inc.,
appeared before City Council. Mr. Schwartz indicated that the
Joslins building in the 3300 Block of South Broadway would be
occupied by Information Handling Services, Inc. Mr. Schwartz
requested that approximately 60% of the Park-N-Shop parking lot
be designated unlimited parking. Mr. Schwartz requested also
that a resolution and amendment to the City's agreement with
Shopping Centers, Inc. be approved.
City Manager Dial stated that the Park-N-Shop parking
lot was largely empty. Mr. Dial discussed the present lease and
its amendment and the provision of eight-hour parking rather than
indefinite parking.
RESOLUTION NO. 1, SERIES OF 1971*
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF ENGLEWOOD , AN
AMENDMENT TO A LEASE WITH SHOPPING CENTERS, INC., WHICH AMENDMENT
PROVIDES FOR THE ESTABLISHMENT OF ALL DAY PARKING IN A CERTAIN
PORTION OF THE PARKING LOT COVERED BY SAID LEASE.
COUNCILMAN SENTI MOVED, COUNCILMAN LONE SECONDED, THAT
RESOLUTION NO. 1, SERIES OF 1971 BE ADOPTED AND APPROVED •
City Council discussed the lease.
*Due to the fact that this resolution was not approved, it will
be assigned a new number on the date it is approved. I • •
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Mr. Paul Ambrose appeared before City Council to discuss
the amendment of the Park-N -Shop lease and the provision of long -
term parking.
It is the consensus of the City Council that there is
no basic objection to the provision of longer term parking.
COUNCILMAN KREILING MOVED, COUNCILMAN BROWN SECONDED,
THAT THE PROPOSED RESOLUTION AND AMENDMENT TO THE LEASE WITH
SHOPPING CENTERS, INC. FOR THE PARK-N-SHOP PARKING LOT BE TABLED
UNTIL CITY ATTORNEY BERARDINI COULD COMPLETE THIS REVIEW OF THE
LEASE AND THE LIMITATION OF PARKING HOURS COULD BE BETTER DEFINED.
Upon the call of the roll , the vote resulted as follows:
Ayes: Councilmen Brown, Kreiling, Lone , Senti, Schwab .
Nays: None
Absent: Councilmen Dhor1t y and Lay.
The Mayor declared the motion carried.
* * * * * *
The minutes of the Water and Sewer Board meeting of
December 22, 1970 were received for the record, with two memo-
randums attached .
Mr. Charles Carroll, Director of Utilities, appeared
before City Council in regard to a memorandum recommending the
purchase of a ten-acre parcel of land north of the existing
sewage treatment plant site.
Mr. Carroll presented a map of the area to be acquired.
City Manager Di al indicated that the property had been
offered for $66,000 and had been appraised by the City at $65 ,600.
RESOLUTION NO. 1, SERIES OF 1971
A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT
FOR THE PURCHASE OF LAND FOR THE USE BY THE UTILITIES DEPARTMENT.
(Copied in full in the official Resolution Book.)
COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT
RESOLUTION NO. l, SERIES OF 1971 BE ADOPTED AND APPROVED. Upon
the call of the roll, the vote resulted as follows :
Ayes: Councilmen Brown, Kreiling, Lone, Sent i , Schwab.
Nays: None
Absent: Councilmen Dhority and Lay.
The Mayo r declared the mot ion carried.
* * * * * *
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Mr. Charles Carroll, Director of Utilities reappeared
before C1ty Council in regard to the second memorandum recommending
that a committee be appo inted to review and upgrade the present
Englewood Sewer Ordinance .
Mr . Carroll ind1cated that there were increasing
problems w1th industrial sewage at the En glewood Sewage Treatment
Plant. Mr . carroll stated that other communities had been coping I • •
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with these problems by establishing more stringent regulations
concerning the content of sewage and that it was the recommendation
of the Water and Sewer Board that a committee consisting of citi zens,
business, and industrial representatives be appointed to study
the problem and to make recommendations for the revision of the
Sewage Ordinance.
Members of City Council asked Mr. carroll to submit
names of individuals to be considered for the committee.
COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED,
THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD THAT A
COMMITTEE BE APPOINTED TO REVIEW AND UPGRADE THE PRESENT ENGLEWOOD
SEWER ORDINANCE BE ACCEPTED . Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Brown, Kreiling, Lone, Senti, Schwab.
Nays: None
Absent: Councilmen Dhority and Lay.
The Mayor declared the motion carried.
* * * * * *
The minutes of the Board of Adjustment and Appeals
meeting of December 9, 1970 were received for the record.
* * * * * *
A memorandum from Mr. Bernard V. Berardini, City
Attorney, to Mr. Jack L. Clasby, Police Chief, with regard to
the City's legal authority to enforce all traffic regulations
on certain portions of South Elati Street, West Girard Avenue,
West Floyd Avenue, and South Cherokee Street was received for
the record.
* * * * * *
A memorandum and attachments from Mr. Stephen A. Lyon,
Director of Finance, relative to the dog license program was
received for the record.
City Council discussed the Englewood dog license
program and whether it should be abandoned.
Mr. Jack L. Clasby , Chief of Police, appeared before
City Coun cil and discussed enforcement problems with the dog
license program and the dog leash law.
At the conclusion of the discussion , it was the
c onsensus of City Council that a report be prepared by the staff
discussing the enforcement programs in various other communities
within the areas as well as the general animal control practices.
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BY AUTHORITY
ORDINANCE NO. 1, SERIES OF 1971
AN ORDINANCE AMENDING ORDINANCE NO. 29, SERIES OF 1969;
DELAYING THE EFFECTIVE DATE OF RENAMING "SOUTH SANTA FE LANE"
TO "SOUTH WINDERMERE STREET" FROM JANUARY 1, 1971 TO NOVEMBER 1,
1971; AND DECLARING AN EMERGENCY .
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(Copied in full in the off i c i al Ord i nance Book.)
COUNCILMAN LONE MOVED, COUNCILMAN SENTI SECONDED, THA T
ORDINANCE NO. 1, SERIES OF 1971 BE PASSED ON FINAL READING AS
AN EMERGENCY AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD
HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted
as follows :
Ayes: Councilmen Brown, Kreiling, Lone, Sen ti , Schwab.
Nays: None
Absent: Counci l me n Dhori t y and Lay.
The Mayor declared the motion carried.
* * * * * *
Introduced as a Bill by Councilman Lone.
A BILL FOR
AN ORDINANCE REZONING LOTS 1 THROUGH 5, INCLUSIVE,
BLOCK 1: AND LOTS 1 THROUGH 4, INCLUSIVE, BLOCK 8, PLEASANT VIEW,
SECOND FILING, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO,
FROM R-1-B (SINGLE FAMILY RESIDENTIAL) DISTRICT TO R-2-B (TWO-
FAMILY RESIDENTIAL) DISTRICT.
(Copied in full in the official Ordinance Book.)
COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT
THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING
AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER-
PRISE, AND THAT THE PUBLIC HEARING ON THE PROPOSED REZONING BE
ESTABLISHED AS FEBRUARY 1, 1971.
Discussion ensued.
Upon the call of the roll , the vote resulted as follows:
Ayes: Councilmen Brown, Kreiling, Lone, Schwab.
Nays: None
Abstaining: coun c ilman Sent i .
Absent: Councilme n Dhority and Lay .
The Mayor declared t h e motion c arr ied.
* * * * * *
City Attorney Berardini reported that the policemen
in the City of Aurora had filed suit against the City to recover
contributions o f the policemen made to their P ension Fund should
a po l iceman s eparate from service prior to retirement . This ca s e
had b een p r e sen t ed before Judge Smith 's Court in Arapah oe Co u n ty
on J a nuary 4 , 1 9 7 1.
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RESOLUTION NO . 2, SERIES OF 1971
A RES OLUTION DEC LA RING TH E INTENT I ON OF THE CITY COUNCIL
OF TH E CITY OF ENGL EWO OD, COLORA DO, TO CR EA TE AN IMPROVEMENT
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DISTRICT IN SAID CITY TO BE KNOWN AS PAVING DISTRICT NO, 20;
ADOPTING DETAILS AND SPECIFICATIONS THEREFORE; AND ORDE RING
PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS
OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT .
(Copied in full in the official Resolution Book.)
COUNCILMAN BROWN MOVED, COUNCILMAN LONE SECONDED, THAT
RESOLUTION NO, 2, SERIES OF 1971 BE ADOPTED AND APPROVED, Upon
the call of the roll, the vo te resulted as follows:
Ay es : Councilmen Brown, Kreiling, Lone, Senti, Schwab.
Nays: None
Abs e nt: Councilmen Dh o rity and Lay.
The Mayor declared the motion c arried.
* * * * * *
City Manager Dial presented a proposed agreement with
Arapahoe County for shelter services for Arapahoe County's dogs
for the next five years; said se rvice s to be provid e d by t h e
City of Englewood.
Mr. Dial indicated th a t ove r the five year period, the
City of Englewood was guaranteed an amount of $21,000 for these
services. Most of the animal shelter had been budgeted for 1970
at $20,000, in anticipation of Coun ty participation in construction
costs. However, the County had preferred to participate on a
per dog basis as set forth within the pro posed agreement . Mr .
Dial stated that the cost estimate for the shelter at th~s time is $32,880.
Mr. Jack L. Clasby appea red b e fore City Council and
discussed the adequacy of the fac ~l~ty proposed for construction.
COUNCILMAN SENTI MOVED, COUNCILMAN BROWN SECONDED, THAT
THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE PROPOSED
AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD FOR A
SHELTER FACILITY TO BE CONSTRUCTED BY THE CITY AND THAT THE CITY
PROVIDE SHELTER SERVICES FOR ARAPAHOE COUNTY. Upon the c all of
the roll, t he vote resulted as follows:
Ay es: Coun c ~lmen Bro wn, Kr e1l~ng, Lone, Senti , S c hwab.
Na ys : None
Absent : Councilmen Dhority and Lay.
The Mayor declared the mot~on carried .
* * * ~ * *
C1ty Mana ger D~al d1scussed a proposed agreement between
Arapahoe Co u nt y , C1t y of L1t leton . Sou h Suburban Recreation
Dlstrict , an d the C i y of En glewood wherc1n Englewood and Ll tt leton
would prov~de $4,00 0 ap1e e for for st r and South Suburban
Metropolitan Parks and Recreat1on Dlstrict would provide $2,000.
Mr. Dial st ed hat the only ch nge to th gre m nt
that he saw necessary w s that the Coun y For ste r wou ld mak e
al l effor s o enforc ordinanc s of h C~ly of En g! wood
p r a1ning o trees .
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COUNCILMAN KREILING MOVED, COUNCILMAN SENTI SECONDED,
THAT THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY,
AND OTHER PARTIES BE APPROVED WITH THE ADDITION OF A SECTION
CONCERNING THE ENFORCEMENT OF CITY ORDINANCES BY THE FORESTER AND
THAT THE AGREEMENT BE SENT TO ARAPAHOE COUNTY FOR ITS APPROVAL;
SUBJECT TO THE APPROVAL BY ARAPAHOE COUNTY THE MAYOR AND CITY
CLERK BE AUTHORIZED TO EXECUTE THE CONTRACT DOCUMENTS. Upon the
cal l of the roll, the vote resulted as follows :
Ayes: councilmen Brown, Kreiling, Lone, Senti, Schwab.
Nays: None
Absent: Councilmen Dhority and Lay.
The Mayor declared the motion carried.
* * * * * *
C ity Manager Dial indicated that a publi c hearing
concerning the Southgate Sanitation District bypass1ng sewage
into Little Dry Creek, in the vicinity of Jackson and Orchard
was being scheduled by the Tri-county Health Departmen t .
Mr. Dial stated that he would have more data concerni ng
the situation to City Council on the 18th of January.
* * * * * *
Ci ty Manager Dial presented a memorandum from Director
of Finance Lyon concerning certain license provisions in the
Revised Municipal Code which have been picked up erroneously and
other license provisions which had been ommitted.
Director of Finance Lyon appeared before City Council
and discussed the proposed correction to the C1ty Code.
COUNCILMAN KREILING MOVED, COUNCILMAN BROWN SECONDED,
THAT THE CITY ATTORNEY BE AUTHORIZED TO PREPARE A BILL FOR AN
ORDINANCE REINSTATING THE COMMERCIAL AMUSEMENTS LICENSES IN
EFFECT SINCE 1964; SAID BILL TO BE RETROACTIVE TO JANUARY 1,
1971. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Kreiling, Lone, Senti, Schwab.
Nays: None
Absent: Councilmen Dhority and Lay.
The Mayor declared the motion carried .
* * * "' * *
City Manager Dial request e d that M1ss Harr i et Lute,
Director of Libraries , be permitt e d t o a t end the American
Library Assoc1ation meet i ng in Los Angel e s, Cal i f o rnia, on
January 17-20, 1971.
COUNCI LMAN LONE MOVED, COUN C ILMAN SENTI SECONDED, THAT
CITY COUNCIL APPROVE THE OUT-OF-STAT E TRIP OF M SS HARRIET LUTE
AS RECOMMENDED BY CITY MANAGER DIAL . Upon the c all of the roll,
the vote resulted as follo ws:
Ayes : Councilmen Brown, Kreil i ng , Lo ne, S nti, Schwab.
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Nays : None
Abs ent: Cou nc i l men Dho ri ty and Lay.
The Ma yor d e clared the mo t i on ca rr i e d .
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Ci ty Mana g er Di al d i scussed the formation of a compre-
hens ive t ra f fi c plan for the City of Englewood. Mr. Dial s~ated
that the City had been unable to ob t ain financing either through
t h e TOPICS P r ogram or through the Denver Regional Council o f
Go v ernments. Mr. Dial stated that the cost would be $25,000 f o r
t h e Ci t y of En g lewood and should the City of Littleton par tici pate,
the cost wo u ld probab l y be $20,000 apiece .
Mr. Di al sugg ested that the city of Englewood p roceed
as it would take six months for the report to be received a nd
probabl y anoth e r th ree months for implementation actions.
COUNCILMAN SENTI MOVED, COUNCILMAN LONE SECONDED, THAT
THE CITY OF ENGLEWOOD BE AUTHORIZED TO PROCEED ON TRAFFIC STUDY
WITH THE FIRM OF ALAN M. VOORHEES AND ASSOCIATES, INC. AT A COST
OF $25,000 AND THAT IT BE MADE A REQUIREMENT OF THE CONTRACT
DOCUMENT THAT THE PLAN BE COMPLETE AND PRESENTED TO CITY COUNCIL
AT ITS FIRST MEETING IN JULY, 1971. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Brown, Kreiling, Lone, Senti, Schwab.
Nays: None
Absent: Councilmen Dhority and La y .
The Mayor declared the mo t ion carr ied.
* * * * * *
City Manager Dial repor ted that Director of F1nance
Ly on had been request e d t o p artici p at e in the Site Vi s i tation
Team which evaluates the con tr a c t performance of t h e Ci ty of Dayton
under its Federall y f i nanc e d computer research project.
Mr. Dial stated that t h i s would require approximately
four trips a year a l l of wh ich would be financed by the Department
of Housing and Urban De v elo p men t.
* * * * * *
councilman Bro wn inquired as to t h e st atus of the
drai n age p roblem i n t h e Ke n t V1 l lage Area .
C i ty Ma n ager Dial stated that a comple e repor t was
being p r e par ed f or p re s e n tatLon at th January 11. 1971 City
Counci l study se ss 1on .
* * * * * •
CO CILMA N LONE M VED, COUNLI LMA N KREI L[NG S ECONDED,
THA T THE MEE T I NG BE AD J OURNED. Upon h e c l l o f the ro ll , the
v ote resulted a s f 1 1ows :
Ayes : c o u nc ilm n Brown , Kreiling. Lon e , Se nt i S c hwab.
N ys : None
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Absent: Councilmen Dhority and Lay.
Th e Ma y or declared the motion carried, and the meeting adjourned
a t 10:28 P. M.
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OFF I CIAL
CITY C OUNC I L D O C UMENT
f.I""""TIJRN TO
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r"r"-1 I t 1.-II I
OFF IC IAL
CITY COl ,rll. r0CU MENT
v ·q J.-'j 1
TO: C V--· 'L ~.. I ,G ,.. LC
Januat.l(T:)'fbf !:~(;L F \OOD. COLO. Stanley H. Dial, Ci t y
Manager
DATE :
F ROM: Stephen A. Lyon, Director of Finance
SUBJECT: Fire Pumper Bid
1. Bids were received on January 14, 1971 for the purchase of
One (1) 1250 GPM Pumping Engine Unit with the following
results:
COMPANY
Ward LaFrance Truck Corp.
American LaFrance Corp.
Maxim Motor Div. (Seagrage)
Union Supply Co. (Howe)
Pierce Mfg. Co.
BID
$48,312.00
$49,000.00
$45,133.90
~49, 775.00
$44,950.00
2 . The apparent low bidder was Pierce Manufacturing Company.
Specifications were not received because Pierce believed that
they were required to manufacture their own chassis. This was
cleared up on January 12, 1971. As Pierce did not have time to
submit their specifications via mail, their bid was submitted
via telephone immediately prior to 2:00 February 14th. This
procedure does not invalidate the bidding process.
3. Funds are budgeted and appropriated in Public Improvement Fund
in the amount of $45,000.00.
4 . Responses to the bids are being reviewed by the Fire Department
for compliance. It is believed that the review will be complete
for the January 18th City County meeting.
S t~~
Director of Finance ~
Fire Chief
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CITY CO il C IL D O C UMENT
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OFFICIA L
C IT Y ~·c• .,,-IL DOCUMCNT
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COLORADO r t • HEALTH -f"ILC
421 0 EAST 11TH AVENUE • DENVER, COLORADO 80220 ·PHONE 3'88'-r61f10 LO
Englewood City Council
3400 South Elat i Street
Englewood, Colorado 80110
January 11, 1971
"· L . CL ...... lti.O., /ti,P.H , OIRECTOR
Al'l'£NTIOO: Mr. Stanley H. Dial, City Manage~;
Gentlemen:
This Department is aware of the problems confronting the City of
Englewood in relation to the dog licensing program. We are concerned
that the utilization of rabies immunization-registration certificates
as a means of identifying dog owners for licensing purposes could have
the affect of reducing the number of rabies immunizations, not only in
the the City of Englewood but in the entire metropolitan area as these
programs are closely interrelated. You are advised that the Mile-High
immunization-registration law has been effectively operational since
1950.
It would appear that the City of Englewood is discriminating
against the practicing veterinarians in the community inasmuch as
animal owners will have their animals immunized in Denver or in another
adjacent area where the records are not available to the Englewood City
authorities.
In view of the high incidence of rabies in wildlife in south-
eastern Colorado, it is imperative that the State maintain the highest
level of rabies immunization among dogs and cats. Any program that
makes one license contingent upon another could defeat the overall
objective s .
The concept of the original rabies immunization-registration
program which is currently in effect in the metropolitan area was
based on the principle that vaccination would serve in lieu of licen-
sure, and this h as worked quite effectively. We certainly do not want
to see i t destroyed a t this point. It is also of interest to note
that in prac tically every municipality in the United States, city
clerks have i nd icated that i t cos~s more to enforce dog licensing laws
than wh at is received i n revenue •
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'.lt d · CoLlliiPnt D'\Piopm ., t -::-.tatl'U th . t t h R-3 zo n1ng a cross th s tre t
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O FFIC IAL
C ITY COUNCIL DOC UM ENT
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CC L. I I'_ . ,·,:..:; FI LE
r.• rnv """ T.",T,...T l""'1•'""'"' ,.., ...... -..nr Tnro "''n '7nuT ·ur ,.,..c;..-TVc<O FT n -r t\.GI f \/J()()(') C:()l 0
Englewood City Council - 2 -January 11, 1971
It woul,d ar •pe o r that Englewood would be in keeping with the area
program if it •-e re to elim i nate the existing dog license and substitute
the Mile-High rabies immunization-registration for dogs and cats as
its total con 1 rnJ.
Your ser i c,u s con s jderation of these recommendations is urgently
solicited.
MDB:saw
~your,
Martin O. Baum, D.V.M., M.P.H.
Chief, Public Health Vet~rinary
Section
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OFFICIAL
CITY COUNCIL DOCUMENT
f.JC"~'"~JRN T O
J Nl3 '71
C OU I JC..IL Inc c.:n;,G FILE
CITY OF ENGLEWOOD PLANNING AND ZONING cdMIMYSSIJ(jNG L E JOOD. COLO.
DECEMBER 8, 1970
I. CALL TO ORDER,
The regular meeting of the City Planning and Zoning Commission was called
to order by Ch airma n Carlson at 8 :05 P. M.
Member s Pre se nt: Woods; Walsh ; Patri c k; Mosbarger; Lentsch; Henning;
Car lson
Members Absent: Senti· Lone
Also P resent: Planning Dire ctor Supinger; Assistant Director Romans;
Planning Assistant Wardlaw; City Attorney Berardini.
II. APPROVAL OF MINUTES .
Cha i rman Carlson stated that the Minutes of November 17 , 1970, were to
be c onsidered f or approval.
Lentsch moved:
Patrick seconded : Th e Minutes of November 17, 1970, be approved as
written .
The motion carr1ed unanimously.
I II, MID-CONTINENT DEVELOPMENT COMPANY
Lots 1-5, Block 1 ; Lots 1-4, Block
8, Pleasant View, 2nd Filing.
CASE #25-70
Chairman Carlson asked Planning Director Supinger for a review o f this
request.
Mr. Supinger stated that this request is f or property adjacent to the
east side of South Lowell Boulevard; to the north, the land is in the
City of Sheridan, and the City of Denver is to the south of the subject
site. The request encompasses a l /2 block depth east from Lowell; the
request is for a change of zone classification from R-1-B (Single-family
Residential) to R-2-B (Two-family Residential). Mr. Supinger stated
that the Comprehensive Plan of the City of Englewood shows this area
a s a medium density deve lopment, which would mean a density of seven to
fourteen dwelling units per acre, Mr . Supinger noted that the Planning
staff feels there have been changes in the area, citing the change of
z onin g to the west of Lowell Boulevard to multi-family residential, on
which land apartments are pre sently being constructed; the land to the
north, east and south o f the subject site is yet single-family in zoning
and development. Th e staff feels that the requested two-family classi-
fication will provide a buffer between the high density development west
of Low e ll Boulevard and the single-family development to the east of the
subject property. The staff feels the request should be recommended to
i ty Council.
Mr . Car l son asked if the property has been properly posted, and if
public notice was give n? Mrs. Roman s stated that the property was
posted November 23, 1970, and that publ ic not ice appeared in the off ici al
City newspaper on Nov e mbe r 18 , 1970.
Woods moved:
Mo barger seconded: The Publi Hearing be opened.
Th motion carried unanimously.
11 ·. Carl on ask d that p rso s in favor of th request s peak to that
po1.nt.
Mr . Ja k Anderson
Mtd-Contln nl De elopm •nt -sta ted that the R-3 zoning a cross the street
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to th west from this subject property, and the construction of apartments
on the R-3 land , ha s made 1t unfeasible to financ e single-family resi-
d entia l on tructi on on the east s ide of South Lowell Boulevard. He
stat d that FHA and VA have both denied requests for financing of con-
tru tto11 of Sing le-family hom e on thi prope1ty.
M1 . H nr1ng asked what the depth of the lots was? Mr. Anderson stated
that the lot have 135 ft. depth, and 60 ft. frontage. Mrs . Henning
asked 1f L we ll Boulevard had the ca pacit y to accommodate heavier traffic
re ult1ng Itom th high er density developments? Mr. Anderson stated
that th e urb lJn e is in place on the east s1de of South Lowell Boulevard,
and h doe s not know what plans Denver might have for widening the street .
M1 • Romans stated that Lowell Boulevard is designated as a collector in
the Comprehcn 1ve Street Plan.
Dr. Wal sh asked how many lot s under consideration were owned by the Mid-
Cont lnent D velopment Company? Mr. Ande on stated that there are nine
lots in c lud ed in the rezoning request, and the Mid-Continent Company
owns eight of the lots. Mr. Anderson stated that the Company also owned
a great deal of the open property to the east of the area included in
the ezoning reque t.
M • Carlson asked 1f there were further comments to be made in favor of
the equest? No one indicated a desire to speak .
Mr. Carlson asked if there were persons present who wished to speak in
opposition to the request? No one present indic a ted they wished to speak
1n opposition.
Woods moved :
Walsh seconded: The Public Hearing be closed .
The mot1on car led unanimously .
Woods moved :
Mosbarger seconded : The re quest filed by Mid-Continent Development
Company to rezone Lots 1-5, Block 1 , and Lots 1-4,
Block 8, Pleasant View, 2nd Filing , from R-1-B (Single-family Residential)
to R-2-B (1wo-family Residential) be approved and recommended to C1ty
Council.
Mr. Lent sc h stat d that he felt the CommlSSlon should include reasons
for th reconunended approval, and offe1ed the following amendment to the mot1on :
Lentsch moved:
Henntng seconded· The motion be amended to include the following
rea ons for approval :
1. S1nce this property was rezoned 1n 1963, the land to the west ha
been annexed to the City of Denver and has been zoned R-3 (Multi-
family Res1dent1al), and is now being developed with high-den ity
re 1dential units.
2. Th<' R-2 -B (Two-fam1Jy Resiclcntla l ) Zone D1St11 t would s rvc a a
l Ja nsJtton bctwe nth mult1 -f m1ly d v •lopment to th west and the
':l tngl -Jnm1ly .1' 1de nttal dev~:>lopm nt to th ea t.
3. By v11 tu of tlw subdtvt ton of thf' land, the ubject lots ft·ont onto
Sout h Low ll Boult'vnt·d and the,. ar property l1n s serve as a logical
d1 1 S JO II IJPt\\ n tlw R-·2 · B and R-l··B Zon Di,;,tr1ct •
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ment to lhl' w t,
IN'OI1 Hi lallO
Jnl1oclu t1on ol h1gh-d n 1ty residential d velop-
ufllr 1 nt ~hang 1 hown Jn the ar a to watrant
th pre · 1.1 zonu.g.
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5. The R-2-B (Two-family Res~dential) Zone Di s trict would permit a
medium-d e nsity d e velopment whi c h d e velopment is c onsistent with the
Generalized Land Use Plan, 1970, as incorporated in the Comprehensive
Plan for the City of Englewood, and would be compatible with the ad-j a c ent d e velopment.
Mr. Ca r lson called for the vote on the am e ndment to the motion. The
motion to amend carried unanimously.
Mr . Carlson then called for the vote on the motion, as amended; the
motion as amended carried unan~mously.
Moti on as amended reads as follows:
The request filed by Mid-Continent Development Company to rezone Lots 1-5,
Block 1, and Lots 1-4, Block 8, Pleasant View, 2nd Filing , from R-1-B
(Single-family Residential) to R-2-B (Two-family Residential) be approved
and recomme nded to City Council for the following reasons:
1. Since this property was rezoned in 1963, the land to the west has
been annexed to the City of Denver and has been zoned R-3 (Multi-
family Residential), and is now being deve loped with high-density
residenti al units.
2. The R-2-B (Two-family Residential) Zone District would serve as a
transition between the multi-family development to the west and the
single-family residential development to the east.
3. By virtue of the subdivision of the land, the subject lots front
onto South Lowell Boulevard and the rear property lines serve as a
logical division between the R-2-B and R-1-B Zone Districts.
4. As a result of the introduction of high-density residential develop-
ment to the west, sufficient change is shown in the area to warrant
reconsideration of the present zoning.
5. TI1e R-2-B (Two-family Res1dential) Zone Distr~ct would permit a
med1um-density development which development is consistent with the
Generalized Land Use Plan, 1970, as incorporated in the Comprehensive
Plan for the Cit y of Englewood, and would be compatible with the ad-
ja ent development.
Mr . Lone entered and took his place with the Commission.
IV. COLLIER, ANDERSON, WRIGHT, SMEDLEY & TURRE
Lots 17-32, in c lu s ive, Block 18, Englewood;
All of Block 19, Englewood;
Lots 1-16, inclu ive, Bloc k 20, Englewood.
CASE #26-70
Mr. Carl on a s ked Mr . Supinger to review the request for rezoning.
M1 . Sup1nger s tate d that thi request en l:ompasses property in the "central "
atea oi En gl wood, betwe n We t Jefferson Avenue and West Kenyon Avenue,
th Delaware /Elati all y and th e Fox/Galapa go alley. The Denny Mill r
Ft ld 1s 1mm d1a t ly notth of th~s si t e. There is R-3-B zoning to the
not t h and a t of th s~t ': R-1 -zoning to the south; R-4 (Residential-
Ptofe ·slonal) ~oning t o th we t; and 1-1 (Llght Industrial ) to the north
of tin· property. Mr . Sup~nger point e d o u t that the request filed for
tezoning to R-3-B does omply wtth th Cumpr· hensive Plan of the City ;
th ta f f h s t ' ommended approva 1 of th r quest.
\1t ·• Roma n · st at ed that the p rope rty was pos t don November 23, 1970,
and that PubJ i Notic wa s !P Ven 1n the offi 1al C1ty newspaper on
ovemb r 18, 1970.
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Lentsch moved:
Mosbarger seconded: Th Public Hearing be ope ned .
The motion carried unanimously.
Cha1rman Carlson a k d that the proponents of the request present their
case.
~11 . Tom Eitel
Attorney -s tated he r presented the applicants, Messrs. Wright, Collier,
Anderson, Smedley, and Tun·e. Mr. E1tel stated that Mr. Turre
a nd Mr. Sm dley are owners of Lots 27-32, Block 19, Englewood, and that
Messrs . Collier, Anderson, and Wright have option to purchase these lots.
They are request1ng that the zoning of the area be changed from R-1-C
(S lng le-family Res1dential) to R-3-B (Multi-family Residential). Mr.
E1tel pre ented pictures to the Commission of sign s posting the property
for the public hearing before this Commiss1on, and asked that these pic-
tures be made a part of the application . Mr. Eitel then presented three
p et 1tions to the Comm1s si on, which petitions were circulated within the
a ea itself; it was noted that signers of the petitions were advised that
by signing they were joining 1n the application for rezoning. Mr. Eitel
stated there were 26 owners, of which 13 have signed. Three owners could
no t be contacted, and others stated they were not opposed, but didn't
want to sign the petition. Mr. Eitel noted that only four or five owners
appeared to be in opposition to the request for rezoning. Mr. Eitel
stated that 56% of the land area owners have signed to join the request
for rezoning. Maps of the area on which properties of those signing
the petition in favor of the request have been marked, were presented to
the Commission. Mr. Eitel asked that the petitions and maps be made a
part of the extensive application previously filed, and that the entire
application and exhibits presented at this Hearing be made a part of the
record .
Mr. Eitel noted that this two-block area is a "Zoning enclave". The
only comparable single-family zoning, stated Mr.Eitel, is south of Kenyon
Avenue, which forms a barrier or natural boundary line by virtue of the
treet width and the designation as an arterial. Mr. Eitel discussed
the c han ges which have occurred in the area since the 1963 Zoning Ordi-
nance was adopted; Cinderella City has been developed; the City Hall
has moved to the former Norgren Plant site; the City park and golf cou se
have been sold for commercial development. Satellite business uses such
a bank s , restaurants, tire stores, etc. have been developed on the
f1 ·inges of the Cinderella City shopping complex, adding to the many
changes in land use and character of the general neighborhood. Mr . Eitel
c1ted the i ncreased traffic in the area as a result of the commerc1al,
Industrial, and apartment developments and stated that as a result, the
area is no longer desirable for a single-family area. He pointed out
that this area under consideration is directly west of an apartment com-
plex, and 1s adjacent to R-3 -B zoning, which 1s what the applicants are
1equesting.
M • Eitel stated that he felt there were many reasons to justify the
1 equested R-3-B zoning, among them being: (l) There is a need for
additional multi-fam i ly development in th e area to house the many persons
b1 ought .tnto the City by the commercial and industrial development s; (2)
The vacancy rate of apartments 1n Englewood is very low, evidencing a need
lo1 add1tio nal apartme nt unit ; (3) The subject property is in close prox-
Jm1ty to a State Highwa y ; (4} The subje-ct p roperty is w1thin two blocks
of the C1 nd e rella City complex and the satellite businesses that have
'>ptu ng u p on the borders of the complex; (5) It c annot be expected that
lhe property w1ll remain R-1-C (sir'gle-family) and will redevelop as
..,1ng l e-famil y because the land i too expensive, there is a question of
obt atning finan ing for a new singl -fam1ly use in the area, it is doubt-
lu i 1f home .tmprovement loans would be accepted , and with the fire /police
<>lat.ton proposed for th e a ea to the west and Denny Miller field in
exts tan c provid1ng requtred ope n s pac , the ub jec t property is very c on-
duc1ve to multi-family d e velopmen t.
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Malcolm Collier
1421 E . Cornell Place -presented preliminary plans for the development
of t he property he, Mr. Wright and Mr. Anderson
have under option. The proposal is for a 31 unit apartment house, three-
sto ry walk-up, with 1:1 parking ratio. There will be 26 one-bedroom
units, and five two-bedroom units in the proposed development, which will
b e on the southeast corner of South Fox and West Jefferson Avenue. Mr.
Colli er stated they were proposin g to rent the one-bedroom units for
approximately $125 per month, and the two-bedroom units for $150 per month.
The prelim i nary plans for this development were filed with the Commission.
Mr. Eitel stated that slides have been taken of the property, and of the
general area, and asked the i ndulgence of the Commission to show these
sli des. Seventeen slides were shown and Mr. Eitel then filed these slides
with the Commission, asking that they also be part of the record for this
re quested rezoning. Mr. Eitel read the following letter fr~ Public
Service Company, and asked that it be made part of the record:
City Planning Department
C1ty of Englewood
Englewood, Colorado -80110
Gentlemen:
"November 27, 1970
On November 24, 1970, First Federal Savings and Loan Association
requested we furnish data as to the availability of gas and electric
distribution facilities to serve multi-family r esidential units in
Blocks No. 18, No. 19, and No. 20 -Englewood Colorado . This information
i s being requested to support their petition for rezoning.
At present, Public Service Company has a 4 inch low pressure gas main
in So. Elati Street, the South end of which is 25 feet North of the
South property line of w. Kenyon Avenue. It also has a 2 inch low
p ressure gas main in South Fox Street, which ends 40 feet North of
the North property line of w. Kenyon Avenue.
The Company's overhead electric distribution facilities are existing
in the alleys of Blocks No. 18, No. 19, and No. 20. Blocks No. 19 and
No. 20 are c urrently being served from its 4 K.V. facilities and
Block No. 18 from a 13 K.V . overhead primary system.
Any extension , reinforcement, modification, o conversion of the afore-
mentioned gas and electric distribution fac1lities would be made in
accordance with our Service Connection, Gas Ma1n Extension and Electri c
Line Extension Policies as in effect and on file from time to time with
the Public Utilities Commission of the State of Colorado .
For more detailed information and cost to serve, we would need spe c ific
data as to the type of service wanted, i .e., overhead or underground,
s1ng le phase or three phase, etc., plus the total gas and elect ric load
to be c onnected .
We hope this 1nformat i on is s uf ficie nt f o r your present needs. I f you
have furt h er quest i on s, plea se fee l free to c all us. My telephone number
l S 244-7511 -Extension 7791.
RLS :dp"
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S incere ly yours,
/S / R. L. Sorre ll
R. L. Sorrell
Customers' Service Extension Dept.
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Mr.Eitel read the following letter from Mr. 01arles Carroll, Utilities
Direc tor, and asked that it be made part of the record:
"November 27, 1970
Planning Department
Municipal Building
3400 South Elati Street
Englewood, Colorado 80110
Dear Jim:
With regard to the rezoning matter in the area of West Jefferson and
South Elati Street, listed below is the utilities information you requested .
Water: A 6 inch line connects Fox and Elati along West
Jefferson . Water pressure reading at the hydrant at Fox
and Jefferson is 84 pounds and at Delaware and Jefferson
is 79 pounds. Both Elati and Fox contain 4 inch mains.
Sewer: An 8 inch sanitary sewer main lies in the alley
between Fox and Galapago ;·an 8 inch sanitary sewer main
also lies in the alley between Fox and Elati and in Elati
between Jefferson and Kenyon.
Utilities are adequate in this area for higher density population,
although I don't particularly subscribe to expanding the multi family
zoning areas further outward from the present boundaries.
CBC/kr
Sincerely,
/S / Charles B. Carroll, Jr.
Charles B. Carroll, Jr.,
Director of Utilities
cc: Mr. Collier, First Federal Savings and Loan
4301 South Broadway
Englewood, Colorado 80110 "
Mr. Eitel closed his presentation by stating that this area is a prime
area for redevelopment, and that the R-3-B zoning, as requested, complies
with the Comprehensive Plan f or the City. Mr. Eitel urged the Commission
to fav orably recommend the rezoning of the subject property.
Mr. Carlson asked if there were additional proponents who wished to
peak in favor of the request? No one indicated a desire to speak.
Mr . Carlson asked for the opposition to present their case.
Mr . Edmond Glasier
3738 South Fox Street -stated that he wished to p resent a petition in
oppos1tion to the requested rezoning, which peti-
t1on has be n ig ned by pers ons living in the 3700 block, and by one
pe1 on living w1thin the subject site. Mr. Glasier asked permission to
1ead the h e ading to his pet1tion, whi his as follows:
"We th following und ers1gned resi d ents and property owners, adjacent
and ontiguou to an area descr1bed as Lots 17 through 32, inclusive,
Blo k 18, Englewood. All of Block 19, Englewood. Lots 1 through 16,
in lusive, Block 20 , Engl ew ood, to be the subject of a rezoning request
at a public hearing on De ember 8, 1970, oppose and object to a change
J n the present zoning for the following reasons :
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It wou td destroy the resid e ntial nature of the neighborhood. The influx
of s u c h a large number of people would make a much greater demand on our
e x1 s ling pol i ce and fire departments, perhaps increasing the need for
a dditional taxes. The propos ed multiple dwelling would increase the air
p o llution and waste disposal problem . It would greatly increase the
v e hicular traffic in the area. The parking problem would be a source of
gre at i rr itation to th e neighborhood ."
hl r. Gla s ie r state d that all property owners could no t be contacted, as
th e r e were only "nine working days since the signs were put up in the
e vening'', but those who were contacted and signed the petition said they
we e oppo ed to a development such as is in the 3600 block of South
Delaware Str eet. Mr . Glasier stated that this particular development on
Delaware has not provided sufficient parking for their tenants, and the
t e nant s park on the neighborhood streets. Mr. Glasier stated that he
felt it was the responsibility of the Planning Commission to assure that
s ufficient parking is provided for such developments, and asked the Com-
m1S ion to consider this matter very carefully and consider what the
re zoning would do to the neighborhood.
Mr . Carlson asked if there were any one else who wished to speak in
opposition?
hlr. Gaylord Leffler
3619 South Elati Street -stated he owned Lots 1, 2, and 3, Bloc k 19,
Englewood. He stated that he had discussed
the possibil1ty of put ting a medical ce nter on his p r operty for some
time as a "redevelopment" p roject . He stated that he didn't feel there
was sufficient space in the school system for additional children who
would be attending from the apartment houses. He stated that he would
l1ke to see the area develop and improve in many ways, but he isn't sure
that apartment houses are what they want. He stated that he had heard
that part of the Denny Miller Field would be taken for a parking lot f or
the fire /police station and asked if this were true? He noted that
park1n g in the area is quite critical, and that mo re apartment hou es
w1ll JU t compound the problem. He stated that his land was not for
al e for apartment buildings.
Mr. Supinger stated that he has had no indication that any portion of
the Denny Miller Field would be taken for a parking lot.
Mr. Swartland
3695 South Elati -st ated that he believed the City would grow "whether
we want it to or not", and will bring in busine s,
populat1on and the problems that both will attract, but if the City i
"Progress Country" he felt we had better "stick with it".
Mr. Carlson asked Mr. Eitel if he would like an opportunity for rebuttal?
Mr. E1tel stated that he appreciated the comment made by the opponents
to the rezoning request. Mr. Eitel asked where Mr. Leffler resided--if
th e gentleman resided at the address on Elati St r eet, or if he lived
e l sewhere?
pon qu e t i on1ng b y Ch a11 man Ca r l s on, ~tr. Lef J l r stat d that h e r es J.ded
a t 3 392 We s t Layton Av en u • li e own s th proper t y at 3619 South Elati
Stt·ee t . Mr . L fil e r fu r th r c ommented that h e had talked to Ci ty Manager
!ha l about build i n g a mc di ·al c P n t r on h 1s prop rt y at this loc ation,
and wa told h ould b u tld almo t any t p , of bu J.lding he wanted to .
II st at d that h didn't f e el th e tu·e and pol 1ce tation located in
th ar a outwe i g h d th hazat·d s of apartme n t s on this property.
Mt . Le nt <>c h a s k e d i f th p rso ns i.r favor of the proposed rezon i ng would
t'a 1se th ir hand s ? Tw n t six p e rson i nd i a t <:'d they favored the pro-
po..,•d rez o n ing . Mr. L n t bc h a k e d if th e oppo n e nt would now rais their
IHlttds? Fo r t y-fout· p e t s o ns 1 nd u •a ted Lh u · oppos it i on to the reque t.
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Mr . Ann Petersen
3 778 South Fox St. -aske d if it would be possible to see the preliminary
plans filed by th e propo ne nts of the rezoning?
Mr s . Henning stated tha t zoning mus~ be granted on the merits of the
re quest, and not on a set of plans that may be presented; the applicants
are not bound to build what is indicated on the plans.
Mr . Wm . Petersen
3770 South Fox St. -stated that he had several questions he would like
to have answered in regard the rezoning. (1) What
will happen to property values between Galapago/Cherokee and Ithica/Lehigh?
(2) If this facility is approved and developed, and another large develop-
me nt is undertaken, will the water and sewer lines provide sufficient
se rvice ? (3) What will happen to the streets in the area, will they be
made one-way? (4) What about providing sufficient parking for such
developments? He asked if the 1:1 ratio was the ratio that the city ad-
ministration and the citizens of Englewood wanted?
Pa~rick moved :
Henning s econded: The Public Hearing be closed.
The motion carried unanimously.
Lone moved:
Woods seconded: The matter be tabled for further consideration.
AYES:
NAYS: Woods; Mosbarger ; Lentsch; Patrick; Lone; Carlson
Walsh· Henning
The motion carried.
It was determined by the Commission that the matter would again be con-
sidered on January 5, 1971. It was noted that the public hearing would
not be reopened, but that interested citizens were welcome to attend this meet1ng.
V . ELKS LODGE
Oxford/Fox
Chairman Carlson asked for a review of the request.
CASE #27-70
Mr. Supinger stated that the request is for an area on the north side of
West Oxford Avenue at South Fox Street and south of the City Ditch. The
request is for a change of zone from R-1-C (Single-family Residential)
to 8-l (Business), and has been filed by the Englewood Elks Lodge #2122
to enable the Lodge to eventually construct their new facilities on this
SLte. Mr. Supinger stated that the Comprehensive Plan of the City shows
thi area in a medium-density residential classification of seven to 14
units per acre. Mr. Supinger pointed out that in 1961, a request for
R-3-8 (Multi-family Residential) was denied by the Commission. Mr.
Supinger stated that the Planning Department has received two petitions
Ln opposition to the request for 8-1 zoning , containing 156 signatures
a nd r e presenting 81 prope r t ies.
Pat ric k mov e d :
Mo s ba rge r seconded : Th e Pu bl i Hearing be ope ned.
Th e mot i on c ar r ied unanimou ly.
11. Wood s a ked for la ri f ica t1on of permitted uses in a B-1 Zone District?
~l r . Sup1nger s tated th e 8 -l Di s tr ic t permits 107 uses of retail and ser-
vL c e nature.
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Mr. Car lson asked that the p r oponents pres e nt their case .
Mr . Cly d e lit hell
Realtor & Member of Elks Lodge -stated that the Englewood Elks Lodge
bega n ll years a go , and has a present
members hip of 750, with anticipated membe r ship of 1500 by 1980. Mr.
M1tche ll d1scussed the charitabl e works the Elks pa rtici pate in, such
as the support o f Laradon Hall, distribution o f f ood baskets to the
needy , co ll ection of $7,000,000 f or schola rs hips, and other charities.
Mr . ~1ltchel l t ated th a t he felt the site at Ox ford and Fox Street was
perfectly situated for the Lodge, and that it would not be offensive t o
1e idents in th nei g hborhood. He cited the fact that Ox ford Avenue is
a major arterial, and se rves as a bu ffer between the site and the develop-
ment to the s outh o f Ox ford Avenue, and the City Ditch to the north of
the property al so serv es a s a buffer on the northwesterly boundary of
t h e site. He stated that circulation of petitions by the members of the
Lod ge wa begu n in September , and that they have obtained 97 signatures
of property owners and tenants in f avor of the constru ction of the Lodge
and the rez on i n g to permit such constru ction. Mr. Mitchell stated that
t h e pres e nt owners of the property, Mr. and Mrs. Wainwright, and Mr.
R1d dle, have consented to pla ce a c ovenan t on the property, and the Elks
Lodge, a s prospective purchasers, have a g reed to the covenant, wh ich
c ovenant states that the property will be used f or the pu rpose of the
Elks Lod ge , and that should the Lodge not pu rc hase the property, or
shou ld they not build their Lodge on the proper t y, it is agre ed that no
other business use shall locate on this site without the writte n c on-
sent of 75% of the adjoining property owners within 500 ft . of the
Gal apa go /Ox f ord i nterse ction. Mr. Mitchell noted that the Lodge must
pa y off the cost of the land, and o f the enlargement of the pres e nt
Lodge, before construction of the new facilities c an begin. Yr. Mitchell
es ti~ated that this c ould begin in four y e ars or so.
Mr.Ca rlson a s ked if any one else wished to speak in fa vo r of the c ase?
No one i ndicated they wished to speak .
Mt • Carlson asked for the oppone nts to prese nt their case .
Mr . Harold Corah
4031 South Fox St . -stated that it was correct that members of the Lodge
starte d circulat i n g the petitions the first of
September, but that no mention was made of needing a rezoning, and when
the 1g n s posting the property for the Hearin g went up, and the residents
foun d that the Lodge was requesting a B-l zon1ng, they were "shocked ",
Mr . Corah stated that he has obta i ned signatures fr om many people who
1gned the Elks' petit1on who would like to have their names removed
1 om t he Elks pet ition, as they are now opposed to the rezoning. These
p eo pl e were unaware there would have to be a liquor license issued to the
Lodge, and that rezoning would have to be accomplished when they sig ned
the petition in f avor of the Lodge . Mr. Corah noted a map on which were
tndicated prope rty owners who have signed in opposition to the rezoning
request . He sta ted that they have not tried to obtain signatures o f
opponents outside the n e1ghborhood, Mr. Corah st ated that he felt that
801 to 90% of the p r operty owne rs in the area were signers o f the petit ion
1n op po si tion t o the rezo n1n g re quest . Mr . Corah stated that he felt
the res1de nts "have a good neighborhood, and let's keep it that way."
I1v B nn t
4040 Sout h Inc a -stated that h own e d p ro perty at th1s address, bu t he
is now a r e -ident of L1ttle ton . He stated that he felt
lhts r quest was "s pot zoning". li e 1 s opposed.
\IJ '. Cla y ton Smith
11 00 South Galapago - s tat d that he has l1ved there for 20+ years, and
he does not f l that tho requ st, if granted, will
b lau· to th people that l1v J.n th e neig hbo1·hood. He pointed out that
wh 1 le bu 1 nesses " erve" the 1 ty, it is residen ts who bu i ld the Ci ty.
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He questioned wh et her or not the covenant could and would be enforced.
He stated that whe n the original petition was circulated by members of
the Lodge, th at there wasn't enough information given to the signers;
p e opl e were unde r the "im pression that a park was to be put in there ,
but the park has turned into a parking lot". Mr. Smith stated he had
nothing again t the Elks Lodge, and nothing against "bars" but when he
wanted to go to a ''bar " he would go t o a "bar area" and not in a resi-dential area.
Joyce Williams
4845 South Chero kee-tated he owns property at 760 West Nassau. He
stated that he felt the granting of the zoning and
the use of the land by the Lod ge would depreciate the value of properties
in the area ; he also stated that it would destroy the peace and quiet of
the neighborhood. He po1nted out that a liquor license would be granted
to the Lodge, and he questioned how much "American patriotism the resi-
dents <:._an put up with at 2 A . M. in the morning"? He stated that he
didn't f~l the number of c har1ties supported by the Lodge is relevant
in this ca~e; he does not feel the location is "logical", and suggested
that the Lodge find "some pla ce in the country". Mr. Williams discussed
the "spot zOning" aspect, and stated that he would "most certainly seek
the services of my attorney to prove that spot zoning is not perm1ssible,"
He stated th~t the proposal of the Elks Lodge is not practical nor is it
1n the best interest of the City,
Mr. Robertson
3972 South Fox -stated he was opposed to the rezoning. He stated that
the homes in the neighborhood are in good repa1r, are
not deteriorated, and that homes in the area are selling for anywhere
from $20,000 to $30,000. Mr. Robertson stated he had great respect for
the Elks Lodge, but that he could not see the Lodge located in this neighborhood.
Mr . Smith
4100 South Galapago -stated that when the petitions circulated by the
Elks Lodge were being circulated, he did not feel
that the correct facts were given the residents. He commented that he
felt the Lodge could find property that was cheaper than this, which the
Lodge will pay $49 ,000 for. He further stated that if the Elks Lodge
could not get a liquor license for their new location, they would lo e
members rather than adding to the membership of the Lodge.
Mr . Connley
3991 South Huron -st at e d that he would hate to see a "drunk" coming
down the Oxford /Huron hill. He further stated that
he had yet to see any of these ''private clubs ask a teenager for an ID
before serving them liquor."
Mrs. F idel
4160 South Fox -stat d that they had purchased their home in this neigh-
borhood because it was a "ni ce residential area". She
a s k ed what was wrong with leav1ng the subject site va ca nt as a play area
for k1d s? She st ated she did not Iee l resi d e nt1ally zoned land s hould be
"taken away from the p eopJ and gi v en to busi n ess".
Mr. Shelton
4085 South Huron-state d that he believed in the g rowth of Engl wood ,
th gt•owth of fam1lies , and in the upkeep of home ;
he b l1eve s in the proper loc atton fo the Elks Lodge , and this neighbor-
hood 1s not the prope Joc at1on.
M1 • Marv1n Jone
4202 South Galapago -st at d that h was "agha st at the idea of a business
n lave 1n lh1s area", lie potnted out that there
1s zo n1ng along Broadwa y whi h would permit the Lodg • H stated he was
c oncerned about the Elk s d •sit~ t o build in this lo atlon ; h e st ated that
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they would have a "ghastly number of people, and what would it be like
at 2 or 3 A.M. Sunday moJ•ning after nickel beer night?" Mr. Jones dis-
cussed the "wild h i ll" at Oxford Avenue and the City Ditch. He felt
the development of the site for the Elks Lodge would increase the danger
for the neighborhood c hildren . He stated he was "bitterly opposed."
Mr . Sta nton
4135 South Fox -stated he would like to see the vacant land turned into
a park for the children. He stated that the kids needed
a place to play, and he felt this would be the best solution.
Jerry Ranum
408 0 South Fox-stated that "quite a number of people have trouble
navigating the Oxford Hill in daylight while sober".
He commented that if "someone drives through my living room, there will be problems."
Mr. Carlson asked Mr. Mitchell if he would like to make any comments in rebuttal?
Mr . Mitchell stated that he would like to take issue with the statements
on the "drunks" in connection with the membership of the Lodge. He com-
mented that the area probably would have been developed with homes if
the land were not so expensive.
Malcolm Taylor
3776 South Acoma Street -pointed out that to maintain the name of
"Englewood" Elks Lodge , they must have their
lodge building in Englewood; they could not build in Littleton, or some
place out in the country as was suggested. Mr. Taylor stated that any
money the Elks take in as "profit" is given to charity.
Mr. Smith commented that the property may be worth $49,000 if it is
zoned B-1, but he doubted very much if the property would be valued at
$49,000 if it were sold for residential purposes.
Mr. Bennett stated the construction of the Elks Lodge in the area will
erode values of surrounding properties; resale values will go down, and
no FHA or VA sales will be consumated.
Mr. Carlson asked for the recommendation of the Planning Staff. Mr.
Sup1nger stated that the Planning staff recommends denial of the rezoning
request, as indicated in the staff report.
Henning moved:
Lone seconded: The Public Hearing be closed.
The motion carried unanimously.
A r ecess of the Commission was declared. The Commission reconvened at 10 :25 P. M.
Dr. Walsh asked if he had understood c orrectly that the Lodge would not
be co nstructed for four or five years? Mr. Mit hell stated that they
could probably begin construct1on in four years after they have cleared
themselves of debt for the pr ent Lodg building, and the purchas e of the land.
Mrs. Hennin g ask d what the co v nant wh1 h th p1·operty owners and the
purc hasers have ag1e d to will mean? lr . B rard1ni stated that the City
~111 not enter into any enforcement agr ment on covenants, that they are
...,l11 tly between property own r, and hav no bearing on the con !deration
o f th merits of th rezoning.
I>•. Walsh asked if it was anti 1pated by th staff that there would b a
change in the zoning ordinanc whi h might p rmit the Lodge in a zone
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d1strict other than Business? Mr. Supinger stated that he did not
a ntic1pate such a change . Discus si on followed.
Woods moved:
He nnin g seco nded: The rezoning request filed by Englewood Elks Lodge
#2122 for change of zone from R-1-C to B-1 be denied
f or the following reasons:
1. I t has not be e n established that the original zoning of the area was
in error.
2. There have been no c hanges in the area to justify the change of zone
c la ss ification from single-family residential to business.
3. The requested zone c la ssifica tion does not conform to the Compre-
hensive Plan.
4. IL has not bee n established that the present zone classification
prec lud es use of the land by the owners.
5. The appl1cation constitutes a request for "spot zoning" and is,
therefore, contrary to good rezoning practice.
The motion carried unanimously.
VI. MRS. JENE M. LUNDGREEN
855 West Oxford Avenue
CASE #28-70
Mr. Menin, attorney for Mrs. Lundgreen, asked that the Public Hearing
be delayed until the first meeting in January, 1971. Mr. Menin gave
as his reason for the requested delay the fact that when the matter
was considered in 1961, both this site and the site for which the Elks
Lodge requested rezoning were considered, and both were denied. Both
sites are again scheduled for hearing this evening, and after hearing
testimony given in the previous hearing, it is his feeling that "emotions
are running too high, and in fairness to Mrs. Lundgreen the hearing
should be continued to another evening when possibly all the people now
in attendance will not be in attendance." Mr. Carlson asked City Attorney
Berardini if the Commission could delay the Public Hearing under the
ex1sting posting and publication? Mr. Berardini stated that the Com-
mission could, if they felt the reasons advanced by Mr. Menin were
sound, postpone the hearing; or, the Commission could hear the case
tonight. If the case were delayed to another date, Mr. Berardini stated
he would suggest that the property be again posted, and public notice
gi v e n 1n the official paper setting forth such date.
Dr . Wal h stated that in considering the points advanced by Mr. Menin,
he didn't feel the emotions were "high" among the members of the Commission,
and h e did not feel th is was a valid reason for delaying the Hearing. He
comm e nted that th e fact Mrs. Lundgreen' s property was only one block west
of the property c on ider d i n the request b y the Elks Lodge might bring
forth testimony that would be of benefit to the Commission.
Wals h mov ed:
Woods seconded: Th Public.: H arin~:: be opened.
The motion carried unan1mou ly .
Mr. arl on ask d !01 th propon nt ~ to present their c ase.
Mt . M n1n . tat d that h d1d not mean to 1mply that the emotions of mem-
bers of the CommissJ.on w t•e "high", but it was not his intention to have
th hea 1ng on the 1 qu t by 1h Elk Lodge and the hear i ng on Mrs.
Lundgt n 's r quest on the .am ev n1n g.
\lt . 1etun s tated that th e a pph ation hled by Mrs. Lundgreen had opies
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oJ pe l itLons CLrculated within the area and signed by businessmen, resi-
dent s, and property owners stat1ng that they had v1ewed the tentative
plans for th redevelopment of the property, and had no objection to the
r equ s t, atta c hed a s part of the application. Also attached were copies
of the tentative plans for the apartment house planned by Mrs. Lundgreen.
~11. Me n1n stated that they do not consider it to be "spot zoning"; he
pointed out that th1s "use" has been in existance since 1943, and that
at th tim th pres e nt owner purchased the property it did not have R-1
z on1n !{. Mr . Menin tated th re are nine units on the property now in
two st ructures, on of which JS a co nverted c h icke n house. These units
are old and are in need of replacement. Mr. Menin stated that Mrs.
Lundgreen has spent $40,000 to attempt to br ing the units up to the
mtnimum standards of the Hou s1ng Code, and that it is not feasible to put
more money into the un1t to beautify the un1ts and attempt to keep them
in safe repair. Mr. Menin noted that there are apartment uses along
Oxford Avenue at Bannock, only five blocks to the east of the site under
cons1deration by the Elks Lod ge , and six block s east of Mrs. Lundgreen's
property. Two bloc ks west of Mrs. Lundgreen's property there is industrial
zo n1ng . Mr. Men1n stated that he had talked to Mr. Harding at Maddox
School, and was told by Mr. Harding that the school had at one time 650
to 700 pupil s ; the present e nrollment is 320 students. Mr . Menin stated
that the school is losing enrollment, and that families with children who
might live i n the Lundgreen apartment complex would not be overcrowding
the sc hool system. Mr. Men1n stated that he felt it would be to the
be s t 1nterest of the neighborhood to allow Mrs . Lundgreen to improve her
property, and that she could not improve the property by tearing down the
n1ne units and replacing them with nine new units.
Mr. Grant, attorney, stated he was partner of Mr. Menin and also represen-
ted Mrs. Lundgreen. Mr. Grant stated that the units on the property are
non-conforming, and that Mrs. Lundgreen has improved this non-conforming
u e a s much as she can economically do. Mr. Grant stated that Mrs .
Lundgreen has cooperated with the Building Departme nt and complied with
every suggestion made by the Building Inspector. Mr. Grant stated that
the Bu ilding Inspector has said that he would like to have new un1ts on
Mrs. Lundgreen's property. Mr. Grant stated that he felt the willing-
ness of Mrs. Lundgreen to cooperate with the Building Inspector has in-
dlcated her desire to i mprove the neighborhood, bu t that nothing further
ca n be done with the present buildings. Mr. Grant pointed out that the
request, if granted, would not change the "use", but would give an op-
portunity to improve the use . Mr. Grant stated that the tentat1ve plans
for redevelopment of the property meet the requLrements for park1ng. He
noted that signatures of the ne1ghboring owners of residential property
and adjoining businesses have been obtained by Mrs. Lundgreen stating
they a re in accord with the proposal. Mr. Grant stated that he felt
the request should be recommended to Council because of the following
re a sons:
l. It will insure logi cal growth of the City.
2. It will co nserve, e nha nce, and sta bil1ze the value s of property in
the area .
3 . It will provide fac1lit1 desirable for people working in the City
and who w1sh to l1ve near their place of employment.
M1, Grant ubmitted the or1 g1nal copies of the petition tgned by resi-
d nt , bu si n ssmen and p rop 1 ty owners in the ar a in favor of the re-
<:Onlng reques t.
~~. Carlson a s ked that th e oppon nt mak the1r prese ntation.
ll. K 1 th Wa nklyn
4005 South Inc a -stat d th at he 1 pr ·ented 140 prop rty owner who
at·e 111 oppos1 t1on to the r eques t, 87 of whom are resi-
d nt s in th immediate vi 1n lty of 855 We t Oxford. Mr. Wanklyn pre-
c;en ted p tllions ontain1ng 140 signa turcs of per ons in opposition to
the r zont n g . He s tated that h a tso had a 1 t t r with signat ure s of 37
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people who had signed the petition circulated by Mrs. Lundgreen asking
that th ir names be removed from Mrs . Lund g reen's petition , as they are
now in oppositio n to the request, and feel they signed under "mis-repre-
sent ation''. Mr. Wanklyn stated that the area residents and property
owner were told that Mrs. Lundgreen planned to construct a 14 unit apart-
kent building, but when the request for rezoning was filed, the plans
wer for a 48 unit building. Mr. Wanklyn st ated that the residents were
also told that the Ci ty had approved the plans and that the administration
was in iavor oJ the request . He stated that he has since discovered that
thi s is in orre c t al s o. Mr. Wanklyn stated that the statement that "more
than ad e quate parking " is being provided for the proposal was challenged
and the residents were told "the City will take care of it." Mr. Wanklyn
stated that he had contacted eight or nine of the businessmen who had
signed the petition in favor of the request, and that at least one
businessman had stated he "didn't even know where the property was."
Mr. Wanklyn stated that the businessmen also stated that their businesses
were "st able", and that they did not anticipate hiring additional per-
sonnel, which co ntrasted with Mrs. Lundgreen's argument in fa vor of the
rezoning that she would be providing housing for the population brought
in by the businesses in the area. Mr. Wanklyn stated that several of the
bus~nessmen stated they signed the petition in favor of the rezoning "to
get her out of their hair". Mr. Wanklyn stated that he did not feel that
" pot zoning" would beauti fy Englewood, and that he felt it might set a
precedent in the City. Mr. Wanklyn discussed the traffic on Ox f ord
Avenue, and stated that it has increased a great deal since the opening
of the shopping complex, and that apartments in the area would compound
the problem greatly. He stated that people just do not want to live next
to an apartment house, and that high-rise apartment houses block the view
of residents who live near them. Mr. Wanklyn asked the Commission to
adhere to the Comprehensive Plan of the City of Englewood, and to deny
this request for rezoning.
Calvin Phillips
4100 South Inca -stated that the residents of that nei g hborhood were very
"community minded ", and noted that in the last electi on
only 12 residents in the apartments a t Oxford Avenue and South Bannock
were registered to vote, He stated that he did not feel the apartment
res1dents had "commu nity s pirit", He tated that he had also talked to
Mt·. Hard 1ng at Maddox School, and the school enrollment this year is 520
tudent down from 533 when school first opened for the 1970-1971 term,
not the the 320 as asserted by Menin as co rrect data. Mr. Phillips
tated he had purchased his home in Englewood because he likes the neigh-
bot·hood, and he fe lt this home would lose approximately $2,000 in value
1f the apartment house were approved, He stated he could not see
s acrif1 ing $2,000 for someone else.
lr . Ken Pippin
4045 South Inca -stated he was against the rezoning,
chased a home in Englewood 10 years
a second home three years a g o . He stated that he did
hi s family across the street from 48 apartment units.
Mr . Shelton
He stated he pur-
ago, and purchased
not want to raise
4085 South Huron tate d he felt th is propo sal would impair the view
and reduce th e valu e ol h is property,
~lr, Wm. Sharp
4065 South Huron -stated he al re ady look d into one of the windows of
the n ine u nit in e xistance , and he did not want to
Look into 24 more . He stated it was bad enough to have 1 /2 of his yard
cov red b y shadow now, but th en tire yard would be shaded if th e pro-
posal 1s approved.
Mr . Co nn lly
3991 South Huron -s tat ed that the s tatem n l that th e present units meet
the "s tandards" means nothtng, He st ated that he
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e t 1ma ted that 80% of the "slums" on Santa Fe passed "standards" also.
He 1 opposed to the rezoning.
M . Benne tt
4040 South Inca -s tated that he owns this property even though he does
not live th e re, and he 1s against the R-3-B zoning.
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Mr. Ca r l s on a s ked i f th e propone nts would like an opportunity for rebuttal?
Mr . Men i n s tated that h e had suggested moving the Hearing to another
date to ge t away f rom the numbe r of people present, but the Commission
had determined that the Hear1ng should be held thi s evening. Mr. Menin
took i ssue with "misstatements" made by the opponents, citing that the
p e titions signed by re s idents of the area in favor of the rezoning clearly
tate that they "have reviewed the plans" for the proposed development.
Mr . Menin stated that the proposed building is not a "high-rise", but a
three story walk-up. Mr. Menin stated that if this property were developed
with s 1ngle-family units, it would not be possible for Mrs. Lundgreen to
recover her original investment: he stated that it is not financially
possible to replace the nine-units with nine new units. Mr. Menin reit-
erated that they are not asking for "spot zoning" but for zoning in con-
formance with the use that is in existance.
Dr. Walsh asked that Mr. Menin clarify the last statement. Mr. Menin
stated that the apartment use has been there since 1943. It is his
understanding that the zoning ordinance in Englewood was not adopted un-
t11 sometime in the 1950's and when his client purchased the property
there wa s no zoning imposed on the property.
Mr . Henn1ng noted that the material provided by the staff indicates that
the p r operty was zoned R-1-D (Single-famil~ when Mrs. Lundgreen purchased
t he propert y . Mr. Menin asked Mrs. Lundgreen when she bought the prop-
e rty? Mrs. Lundgreen stated that she purchased the property in 1959,
and that 1 t was sold for multiple fam1ly zouing and use.
lr . S up i rlger tated that the property is a legal non-conforming use, even
thou gh the ale of the property as multi-fam]ly may have been in error.
lr. Wankl y n tated that VA and FHA will not grant mortgages on property
fo1· ing le-family use next to apartment houses . He stated that there
c ould b e i x i ngle-family homes constructed on Mrs. Lundgreen 's land,
and that the lots themselves could sell as high as $6,000 each.
Mr. Corah stated that in the 4000 block of South Elatl Street, lots
have sold for $5,200 per lot.
Mr. Joyce W1lliams
4845 South Cherokee -tat e d he owns property at 716 West Nassau Way.
Wh e n the p r operty Mrs. Lundgreen is concerned with
was annexe d, it was a "non-onforming use". Mr . Williams discussed the
"var1an c e " which some non-con f orming use s are g iven and which change
t h c ha r a t er o f an ent ire ne1.g hborhood. He s tated that the non-conform-
J.ng uses s hould be e l i m1nat e d, a n d th e prope r t y s hould revert to a S J.n g le-
Jamily u se.
Ml', Car l on a s k d f o1· th e rec omm endat i on of the Plann i ng Department?
t r . S u p i n ger tated that the s taf f rec ommends den1al of the request , a
t for t h 1 n th s ta f f r epo r t.
Pa t r 1 k mov d:
\to barg r o nd d : Th Publ 1c He ar i n g be los d.
T h mo t 1on c a rr1 d unan1mou l y .
Dt s u ss 1.on followe d.
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Henning moved:
Lone seco n ded: The Rezo n 1.n g request filed by Mrs . Jene Lundgreen for a
c h a n ge of zone at 855 West Ox f ord Avenue from R-1-C to
R-3 -B b e denied for the fol low i n g re a ons:
1 . Th e r e has been no c han ge i n the area wh ic h would justify the change
of zone fr om single-fam1 ly to multi-family residential .
2 . Th ere has been no e vide nce s ubmitted that the original zoning was
in error .
3. The requ es ted zone classification is not in conformance with the
Com prehensive Plan of the City of Englewood .
4 . The appli c ant mainta1ns that the existi ng units c annot be economic all y
ma1ntained and that to replace them, it would be ne c essary to rebu1ld
to a h ig her density. Financi al hard s hip, if it indeed b e, is not suf-
ficie nt cause to rezone this property to a density that would no t be
compatible with the adja c ent development and with the ge n eral land
use plan for the area. The property was in a single-fa mil y zone at
the time it was purchased by the appli c ant ; a fact which was public
information and availabl e to the applicant, as was the requirement
that any change of a non-conforming use be to a conforming use.
5. The property is suitable for and adaptable to development under the
present zoning; the owner is not deprived of a reas onable use o f the
land comm e n surate with that use enjoyed by the adjoining property
owne rs .
6. The requested zoning would result in "Spot z oning" of multiple-family
surrounded by single-family.
The motion carried unan1mously.
VI . TOPICS PROGRAM CASE #29-70
Mr. Supinger stated that the Publ1c Work s Depa rtment has req\!ested Com -
mis sion approval of the revised TOPI CS program f or 1971, which encom-
passes four signal improvements and the bridge at South Cl a r kson Street
and Little Dry Cree k. Cherry Hill s Village has agreed to participate
in the construction of the b ridge. Discussion foll ow ed.
Wood moved :
Lone seconded: The Planning Commi ssion approve the request of the Publ ic
Work Depa rtment for th e 1970-71 TOPICS program, wh 1ch
is: Signal 1mprovement at Broadway and Ch e nango ; Broadway and Tufts;
.S . 285 and Down1.ng; Federal and Union ; and replacement of the b 1dge
at South lark on and Little Dry Cree k.
Di cu 1on follow d .
The mo ti on c a rr1 d unanimou l y .
VJl . CHOI E
~Jr. Lon e di lh Staff Re p orts pr pal'('d by t he Planning D pat tm nt.
Mr . Su plnger comm'ntcd that It 1 ll 1t wa& the respon 1bil1ty oJ lh
taff to run th c omm1 ssion through a "thought p1·o ", and po1nt d
out that th r omm ndat1on o1 th e ta ff 1 t·eached w1 t hout b n f1t of
Publ1c l!ea1'1ng , and infor·mation that 1s obtatn d 1n th Hear1n g may b
1eason t or a hang Jn th r commondatton.
Mt'. B•1ard1ni s tat d that lw t elt it wa th duty of th taff to do re-
..,eal ·h work on any ub )ect that om s b fore th Comm1. sion , and to s t
forth th finding tor th twn flt of the C mm1s ion . If, after publ1c
heartng, th(' Commis~non d1Sal{rN•s 111th any on of th f1nd i ng of the
:-;taff, 1t is the r spon&tbJilty of th e CommL',lon to mak ad t rm1nation
ba d on whnt th y I I 1 the ·o•·r ct 1nformatton .
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VIII. DIRECTOR'S CHOICE. Mr. Supinger discussed the progress made on the Architectural Review
p r oposal. He stated that he has shown the slides to the Chamber of
Commerce, City council, and others. Upon direction of the council, a
proposed ordinance has been drafted and is now ready for review and
public hearings. He asked when the Commission would like to consider
the matter?
Mr . Patrick asked if this included the sign ordinance? Mr. Supinger
s tated that it did not include the sign ordinance, but that it does call
for review of all signs for which permits must be obtained. Discussion
followed.
Mr. Supinger directed the attention of the Commission to a letter to the
council of Governments in regard the approval of the request for Federal
A~d in the development of Belleview Park.
Mr . Supinger asked if the Commission would approve the forwarding of
the unapproved minutes of this meeting as it pertained to the PUblic
Hearing for the Mid-Continent Development rezoning hearing to Council,
inasmuch as that particular request was approved by the Commission and
recommended to Council. Discussion followed. It was the concensus
that the minutes of the meeting as it pertains to the rezoning application
of Mid-Continent Development Company should be forwarded to Council prior
to approval by the Commission.
Patrick moved: woods seconded: The meeting be adjourned.
The motion carried unanimously. Meeting adjourned at 11:55 P. M •
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INTROD UCED AS A BILL BY COUNCILMAN ____ _;LO~N~E~------------
BY AUTHORITY
ORDINANCE NO. SERIES OF 1971
AN ORDINANCE REZONING LOTS 1 THROUGH 5, INCLUSIVE, BLOCK
1; AND LOTS 1 THROUGH 4, INCLUSIVE, BLOCK 8, PLEASANT
VIEW, SECOND FLLING, CITY OF ENGLEWOOD, COUNTY OF ARAPA-
HOE, COLORADO, FROM R-1-B (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO R-2-B (TWO-FAMILY RESIDENTIAL) DISTRICT.
WHEREAS, pursuant to ordinance, the City Planning
and Zoning Commission duly held a public hearing on
December 8, 1970 on a certain proposed amendment to
Ordinance No. 26, Series of 1963 of the City of Engle-
wood, Colorado known as the "Zoning Ordinance of the
City of Englewood", and has made rec(JIIIIIendation to the
City Council of an adoption of an ordinance embodying
said amendment; and
WHEREAS, public necessity, convenience, general
welfare and good zoning practice justify the proposed
amendment to the Zoning Ordinance as hereinafter set
forth.
1ENT
il t
COLO
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOD, COLORADO:
Section 1. That Lots 1 through 5, inclusive,
Block 1, and Lots 1 through 4, .inclusive, Block 8,
PLEASANT VIEW, second filing, City of Englewood,
County of Arapahoe, State of Colorado be and the same
hereby is rezoned from R-1-B (Single Family Residential)
District to R-2-B (Two-Family Residential) District and
that Ordinance No. 26, Series of 1963, together with
the Zoning Map is hereby amended accordingly.
Section 2. That City Council hereby finds, deter-
mines and declares that the hereinabove change in re-
zoning is justified by public necessity, converiience,
general welfare and good zoning practice.
Introduced, read in full and passed on first
reading on the 4th day of January, 1971.
Set for Public Hearing before the said City Council
at its regular meeting on February 1, 1971 at 8:00 o'
clock P.M. in the Council Chambers at the City Hall,
3400 South Elati Street, Englewood, Colorado.
Notice of Hearing shall be published ln the Engle-
wood Herald at least fifteen (15) days prior to said
hearing and in addition thereto, the premises herein-
above described s ha ll be posted as required by ordinance.
Published as a Bill for an Ordinance on the 6th day
of January, 1971.
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Read by title and passed on final reading on the
__ day of 1~71.
Published by title as Ordinance No. ,
Series of 1971 on the day of -------• 1971.
Mayor
Attest :
ex officio City Clerk
I, Stephen A. Lyo~, do hereby certify that the
above and foregoing is a true, accurate and complete
copy of an Ordinance passed on final reading and
published by title as Ordinance No. , Series
of 1971.
ex officio City Clerk
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OFFICIAL
CITY CO UNC IL DOCUMENT
~~r,..URN .... -o )
JA N 1 · '71
CO U NCIL ['.lECTII G FILE
::vJ::;t;EW OOD. COLO.
INTRODUCED AS A BILL BY COUNCILMAN_J...lL.'-41--"-"'"~~~~----
A BILL FOR
AN ORDINANCE REZONING LOTS 17 THROUGH 32, INCLUSIVE,
BLOCK 18; ALL OF BLOCK 19; AND LOTS 1 THROUGH 16,
INCLUSIVE, BLOCK 20; CITY OF ENGLEWOOD, COUNTY OF
ARAPAHOE, STATE OF COLORADO FROM R-1-C (SINGLE-FAMILY
RESIDENTIAL) DISTRICT TO R-3-B (MULTI-FAMILY RESIDEN-
TIAL) DISTRICT.
WHEREAS, pursuant to ordinance, the City Planning
and Zoning Commission duly held a public hearing on
December 8, 1970 on a certain proposed amendment to
Ordinance No. 26, Series of 1963 of the City of Engle-
wood, Colorado known as the "Zoning Ordinance of the
City of Englewood" and has made recormnendation to the
City Council of an adoption of an ordinance embodying
said amendment; and
WHEREAS, public necessity, convenience, general
welfare and good zoning practice justify the proposed
amendment to the Zoning Ordinance as hereinafter set
forth .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That Lots 17 through 32, inclusive,
Block 18; all of Block 19; and Lots 1 through 16,
inclusive, Block 20, City of Englewood, County of
Arapahoe, State of Colorado be and the same hereby is
rezoned from R-1-C (Single-Family Residential) District
to R-3-B (Multi-Family Residential) District and that
Ordinance No. 26, Series of 1963, together with the
Zoning Map is hereby amended accordingly.
Section 2. That City Council hereby finds, deter-
mines and declares that the hereinabove change in re-
zoning is justified by public necessity, convenience,
general welfare and good zoning practice.
Introduced, read in full and passed on first
reading on the 18th day of January, 1971.
Set for Public Hearing before the said City Council
at its regular meeting on the ~th day of February, 1971
at 8:00 o'clock P.M. in the Council Chambers at the City
Hall, 3400 South Elati Street, Englewood, Colorado •
Notice of Hearing shall be published in the Engle-
wood He rald at least fifteen (15) days prior to said
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hearing and in addition theret o, the premises herein-
above described shall be posted as required by or-
dinance.
Attest:
'-/ ~~ lf'la A . Lyot-.
ex officio lty Clerk
I, Stephen A. Lyon, do hereby certify that the
above and foregoing is a true, accurate and complete
copy of a Bill for an Ordinance, introduced, read in
full and passed on first reading on the 18th day of
January, 1971.
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Jtlli 18 '1'
-r1 'G FILE cOU ~JC\l. I ,l..:-. ' coLO·
DF''Y o.F ENGLew ooD.
INTRODUCED AS A BILL BY COUNCILMAN·--~---~~tl~Our~•~~~-------
A BILL FOR
AN ORDINANCE REZONING LOTS 17 THROUGH 32, INCLUSIVE,
BLOCK 18; ALL OF BLOCK 19; AND LOTS 1 THROUGH 16,
INCLUSIVE, BLOCK 20; CITY OF ENGLEWOOD, COUNTY OF
ARAPAHOE, STATE OF COLORADO FROM R-1-C (SINGLE-FAMILY
RES I DENTIAL) DISTRICT TO R-3-B (MULTI-FAMILY RESIDEN-
TIAL) DISTRICT.
WHEREAS, pursuant to ordinance, the City Planning
and Zoning Commission duly held a public hearing on
Decembe r 8, 1970 on a certain proposed amendment to
Ordinance No. 26, Series of 1963 of the City of Engle ~
wood, Colorado known as the "Zoning Ordinance of the
City of Englewood" and has made recommendation to the
City Council of an adoption of an ordinance embodying
said amendment; and
WHEREAS, public necessity, convenience, general
welfare and good zoning practice justify the proposed
amendment to the Zoning Ordinance as hereinafter set
forth .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That Lots 17 through 32, inclusive,
Block 18; all of Block 19; and Lots 1 through 16,
inclusive, Block 20, City of Englewood, County of
Arapahoe, State of Colorado be and the same hereby is
rezoned from R-1-C (Single-Family Residential) District
to R-3-B (Multi-Family Residential) District and that
Ordinance No. 26, Series of 1963, together with the
Zoning Map is hereby amended accordingly.
Section 2. That City Council hereby finds, deter-
mines and declares that the hereinabove change in re-
zoning is justified by public necessity, convenience,
general welfare and good zoning practice.
Introduced, read in full and passed on first
reading on the 18th day of January, 1971.
Set for Public Hearing before the said City Council
at its regular meeting on the 16th day of February, 1971
at 8:00 o'clock P.M. in the Council Chambers at the City
Hall, 3400 South Elati Street, Englewood, Colorado .
Notice of Hearing shall be published in the Engle-
wood Herald at least fifteen (15) days prior to said
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hear i n g an d i n add ition the r e to , the premises herein-
ab ov e desc r ibe d sh a ll be p os ted as required by or-
dinan ce .
Mayor
Atte st :
ex officio City Clerk
I, Stephen A. Lyon, do hereby certify that the
above and foregoing is a true, accurate and complete
copy of a Bill for an Ordinance, introduced, read in
full and passed on first reading on the 18th day of
January, 1971.
ex officio City Clerk
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INTRODUCED AS A BILL BY COUNCILMAN ____________________ __
A BILL FOR
AN ORDI NANCE REZONING LOTS 17 THROUGH 32, INCLUSIVE,
BLOC K 18; ALL OF BLOCK 19; AND LOTS 1 THROUGH 16,
INCLUSIVE, BLOCK 20; CITY OF ENGLEWOOD, COUNTY OF
ARAPAHOE, STATE OF COLORADO FROM R-1-C (SINGLE-FAMILY
RESIDENTIAL) DISTRICT TO R-3-B (MULTI-FAMILY RESIDEN-
TIAL) DISTRICT.
WHEREAS, pursuant to ordinance, the City Planning
and Zoning Commission duly held a puhlic hearing on
Decemb e r 8, 1970 on a certain proposed amendment to
Ordinance No. 26, Series of 1963 of the City of Engle ~
wood, Colorado known as the "Zoning Ordinance of the
City of Englewood" and has made recommendation to the
City Council of an adoption of an ordinance embodying
said amendment; and
WHEREAS, public necessity, convenience, general
welfare and good zoning practice justify the proposed
amendment to the Zoning Ordinance as hereinafter set
forth .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That Lots 17 through 32, inclusive,
Block 18; all of Block 19; and Lots 1 through 16,
inclusive, Block 20, City of Englewood, County of
Arapahoe, State of Colorado be and the same hereby is
rezoned from R-1-C (Single-Family Residential) District
to R-3-B (Multi-Family Residential) District and that
Ordinance No. 26, Series of 1963, together with the
Zoning Map is hereby amended accordingly.
Section 2. That City Council hereby finds, deter-
mines and declares that the hereinabove change in re-
zoning is justified by public necessity, convenience,
general welfare and good zoning practice.
Introduced, read in full and passed on first
reading on the 18th day of January, 1971.
Set for Public Hearing before the said City Council
at its re gular meeting on the 16th day of February, 1971
at 8:00 o'clock P.M. in the Council Chambers at the City
Hall, 3400 South Elati Street, Englewood, Colorado .
Notice of Hearing sha ll be published in the Engle-
wood Herald at least fifteen (15) days prior to said
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h e ar i n g and in addition thereto, the premises herein-
ab ove d e scribe d shall be posted as required by or-
dinanc e .
Mayor
Attest:
e x o f ficio City Clerk
I, Stephen A. Lyon, do hereby certify that the
above and foregoing is a true, accurate and complete
copy of a Bill for an Ordinance, introduced, read in
ful l and passed on first reading on the 18th day o f,
January, 1971.
ex officio City Clerk
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OFFICIAL
CITY CO~~-C:.'~' ~~C UMENT
JMI 18 '71
TO: Mayor Schwab and members of City Council C O L'• C l ' · -·. ' · ~ c:-I LE
CITY OF ENGLEWO OD .CO
Date: January 11, lfi11 FROM : City Planning and Zoning Commission
SUBJECT: Vacation of a portion of the Broadway/Acoma Alley.
'rhe City Planning and Zoning Commission, at its meeting January 5, 1971,
voted 8-0 (one member absent) to recomrn 8nd approval of the request of
Key Savings and Loan Association for the vacation of the portion of the
Broadway/Acoma alley between West Hampden Avenue and Little Dry Creek
subject to the condition that details for utility easements, pedestrian
walkway access to the park land south of Dry Creek and approval of the
parking lot layout and landscaping plan be completed.
Respectf~
~ ~PINGER
Planning Director
for
CITY PLANNING AND ZONING COMMISSION
Enc: Staff Report
Letter from Mr. L. B. Stones
M1nutes of January 5, 1971 (Unapproved)
cc: Key Savings and Loan Association -Mr. Stones
City Manager
City Attorney
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Plann ing Departm e nt
Cit y of En g l ewood
January 5, 1971
REPORT TO THE CITY PLANNING AND ZONING COMMISSION
Subj cc t :
Location :
Reque . l d va cation of ·a portion of tht' Broadway-Acoma
alley.
From West Hampden Avenue on the nort h t n Little Dry
Dreek on the south.
Requ ested Action:
Mr. L. B. Stones, Vice-President of Key Savings and Loan
Association, has requested, on behalf of the Association,
the vacation of that portion of the Broadway-Acoma alley
from West Hampden south to Little Dry C reek. The
Association has recently completed purchase of all of the
property on the south side of Hampden between Broadway
and the intersection of Little Dry Cr~ek and West Hampden.
The intent of the Association is to raze the Colorado
Auto Service garage building to provide additional
parking area. The most westerly build1ng will be
retained.
Preliminary plans of the Association call for closing
the alley entrance, surfacing the additional parking
area and movin g the entrance to the parking area to
the west.
C omm e nt s~ Utilities and Ci ty Departments·
Mountain Bell · "In reply to your lettPr of December 14,
1970 c oncerning the vacation of a port1on of the Broadway,
Acoma alley betw e n Hampden Avenue and Little Dry Creek :
Mountain Bell has a 300 pair aerial cab le in this alley,
fur n is hin g telephone service to the properties of Key
Savings and Loan Association on both ~:-o1des o f the alley.
This able extends b yond Little Dry <r ee k serving other
cu tom c r s .
Mountain Bell does not obje c t to thi " alley being
va at e d providing an easement is prov1d e d for t lephone
faci lities wh e r e they arc now locat d ."
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S r A.FF REPORT
Puhlil' SC'rvi ce Company , Elel'tri<.: Lh s t t·ibulion: "This
Depar tm n t ol Public Service t'ompnn > of Co l o1·ado has no
ob)e<·tt on s to t he p1·opo se d all •·y Vd •·a lton, p rovid e d that
r ese 1·va uo n s h made for the t·o ntinll!·d oper:-~lion a nd
maint cn anc ol the existing o v••t·head e l ectr i c distribution
la ci llti
Pu b li cS ompany, Gas Dist ribution: "Please reserv e
an ea~e ment for the 2'' giS"'"main pre!'entT y installed in
the Broadway -Ac oma alley b et ween Hamp Je n Avenue and Little
Dry Cr ek. The area n ee ded for this C3 ~ement is the e ast
te n lc to~ the alley .
This main serv es Key Savings a nd Loan Association."
Utilities Department : "Refet·cncc your memorandum, same
subje<.: l, dated December 14, l ~J70 . Thi s office has no
objec lion to the proposed vacation provided that a proper
easeme nt is retained and no structures are to encroach
on the easement, save pavin g ."
Publi c ~ Department: "Your memo o 1 De cember 14, 1970
requested comments about the va at ion of the alley west
of 3501 So. Broadway fran Hampd en to Little Dry Creek.
Thi s Department does not object to the va c ation. We would
suggest the reservation of a utility and drainage easement
be incorporated in the deed.
Futu1·e planning calls for the devclopm nt o f th area
s out h of Little Dry Cree k in this vicin1ty. Th e pre e nt
alley would be the only access trom lla n pden Avenue,
then lore, some c onsiderat i on should l •• gi v e n to obtaining
other appropriate a cess ."
Planning Departnwnt Aflalysis:
Be au~e the As s o ci ation is the s ole o•ner on the south
si de of Hampden, and because the s ubj C'ct alley dead-ends
at LJttle llry Creek, the va cati on of tbc requested portion
of the Broadway-Acoma alley would not appear to be detri-
mental subJect to the retention of ut1lity c a seme nt s .
Plans for additional parkin ~ and movi ng the vehi cul ar
acce ss to th e west will su r e l y improve traffic ·ir ulation
i n lh area.
Plan ~ or landscap1ng ol xcC'hh hlgh•n' right-of-way on
th outll sid oJ Little Dt•y t'1·eek by the Stale and /or City
are eu 1-r ntly beinl-"( drawn by the Park -. a nd R creation
D partment. Pr liminary plans all tor a pedestrian
bridJ.Cl' ·rossinp; L1ttlC' Ory 'rc•k tt·om th K y Saving
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S TA~F REPOR T
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parkin ~ a t·e a to a t·e t and pu:ni c· at·ea o n the south side
of th e c re e k . Such a bridge would r cq u11·e an c asement
Jrom t.lw Association for ped es tt·ian J (c ·,•s s . Contact with
th e A~horiation has received a lavor ab l ~ r•s pon se to this
proposal .
Recommended Action:
Re commendation that the City Coun c il va<"ate that portion
of the Bt ·oadway /Acoma alley between We-.;t Hampden Avenue
on the north to Little Dry Creek on th'-' south f or the
followin~ reasons:
l. Subject. alley portion is no longer required for
public vehicular access.
2. The closing of the alley access will improve traffic
cit·culation and traffic safety.
Recommended conditions for vacation are:
l. Retention of an 18 foot easement in, through, over,
across and under the subject land for public utilities.
2. Prohibition of the erection of st1·ucture in, through,
over, across and under subject realty, except by
public utilities, unless approved by City Cou ncil.
3. Granting of an easement by the Key Savings and Loan
Ashociation on properties to the west of subject land
for pedestrian access to a bridge to cross Little
Dry Creek.
4. Approval of parking layout, landscaping and pedestrian
and vehicular access plans for As~-oociation property
to th west by the ity Planning and Zoning Commission.
Respectfully submitted,
l.A!'lr.-4~~£~~
Director
gw
cncl : Plot Map
Letter from Mr. Stone
Mr. L. B. Stones, Key Savings ~ LOan
Mountain Bell
Publi Servi Company, Gas El ctric
Utili tie Departm nt
Publi Work · Depart• nt .
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~KEY SAVJ:~.~~S v '"'" I ATIO~ OE.C 9 1970
ot...,l " '" ''-'' ,,.,..., •JOt I • lltll llfiiiU
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Hr. ,J dmes L. Su pinger
?Ja ning Direct:or
C:.1.ty of Englewood
340 0 ::.outh Elati
Englewood, Colorado 80110
Dear Mr. Su pinger:
December '• 1970
Pursuant to our conversation thi s morning, Key Sdv.1.n~s ana Loan
Association hereby reques t:s permission to have the ~lley Sou n
of Hampden between Broadway and Acoma Street s vac. r . .:n .
we have purchased the Colorado Auto ::.ervice pro e r t:y and propose
to demolish the existing garage portion and make d ditional park ing
available to Key Savings and LOdn customers . .~e wi 1 J then close
the driveway on the existing alley and make the driveway further
.vest on Hampden, ::hereby making easier access t o H-t mpden both Ecist
and West.
Your favorable consideration to this reque s·-wi l l 11e c:r e a tly
appreciated.
Very truly yours.
L.B. J tones
Vice President
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HM'\" H 0 1 f I( I \ J_.•t .\I \1 A.l" tllJ~ l'ttc )"'I 'lt4 4l1 llt"'-\ l R ( l)lO l'lt'J f • b"\ \C., t HRO .... Il\\·-\\ PfK~I
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V'IC'IT E O ORO 2 6 of 1955 , '
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KEY S'IV INGS 8 LO AN
ASSOC I ATI ON
CC~O "liVTO .,-:NtP. co
AJI'(L' \-s£'P
VACANT
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ENGLEWOOD PUBLIC LIBRARY BOARD
Regular Meeting
January 12, 1971
,_
c!:',N 1 3 '7J
COU NCIL r. f L' /, 'G FILE
CITY OF EN GL EV/~~D. COLO.
Present: Mrs. Jarrell, Mr . Beaver, Mr . Beaver, Mr . Dhor i ty, Mr , Maxwell, Mrs ,
Hoffman, Mr. Miller, Mrs . Simon, and Miss Lute
Absent: Mrs. Martinez, Mrs. Morris
The meeting was called to order at 7:40 p .m. by the chairman, Hr . Maxwell,
and a quorum was declared present .
Minutes of the previous meeting were approved ,
Hr. Harold Hiller, whose term expires th i s month, stated that he had enjoyed
serving on the Library Board during the past four years and working with the
Board members, and that he had found it a most rewarding experience ,
Hiss Lute presented the monthly, quarterly, and annual statistical reports
and discussed the comparison 1969 and 1970 figures. The 19 70 over-all circ ulation
is about 3t higher than that for 1969.
A graph for library, bookmobile, and combined c irc ulation by month for 1969
and 1970 was presented and the Boar4 discussed particularly the obviously cyclic
nature of circulation and reading habits, dependent upon weather and holiday
seasons.
It was reported that in addition to the English for the Foreign-Born and
Great Books .eetinas being held at the library, a class for persons interested
in acquiring U.S. citizenship will begin on January 23.
A study taken from the first computer print-out since r e-registration began
last April was presented by Hiss Lute . The study wa s ba s ed on about 7,500 regis-
trations and vas broken down by age and census trac t t o s how the library where
and who our patrons are and areas which need change s i n library s ervices.
The 1971 contract with the Arapahoe Regional Libra ry Di stri c t has been signed .
Hiss Lute informed the Board that the library re c eived a c he c k from CCPLS for
Englewood services to reciprocal borrowers . This is the first time in about two
years that we have had a balance; that is, we gave more in s er v i c es from EPL to
borrowers from other area libraries than Englewood patrons used for themaelves at
other area libraries.
The 1971 annual budget was discussed. The library requested $140,2 71 and was
allocated $135,481, approximately 101, increase over the 19 70 budget, $25,000 was
allotted for book purchases. Miss Lute pointed out that salaries for employees
had been raised, and mentioned that she thought perhaps there wa s a need for a
position classification in the library between clerk-typist and the professional
librarian; probably for a para-professional worker or library assistant ,
Possible replacements to fill the Library Board vacanc y were discu s sed briefly.
Hiss Lute reminded the Board that she will be attending the Mid-winter c onferenc e
of the American Library As sociation in Lo s Angeles from J anuary 16-21.
The meeting was adjourned at 9:15p.m •
Respectfully submitted,
~~
Secretary
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ENGLEWOOD PAllD • UCilEATION COMM18810N
Mmat..ofJ...-y u , llfl
Ot FI<I AL ,
C TV CO "-1 • 1 '"l<..-JME T
\ , • r L.L
The nplar IDDilthly meetiDc of the~ Pub h Reorat1ciD ce~~~ JUD. COLO
cailecl to order by Paul Bleulq, ollairmu, at 7:16 p . ID. lD the Pub • Recreatba Oftloe,
MOO South Elati.
Membera ~t: Krell1Dg, BlesalDK, lAy, CuldJic, 8tackhouae ud Romau, a-
omclo
Members .a.eat: Jorpnae11 aDd Alia
A1ao pruent: Jerry Royther, Aaat. Parka • llecreatloD Director
Pat Horsley, President Englewood Recreatbn Counoll
Robert Proctor, Vice Preeldeut Enclnrood Recreatioa CoaDoll
The IDI.Dutu of the November regulu meetlDr were approved u wr1tte11 oa motion JUde
by CushiDg aDd MCDDded by Kreiling. stackboaae,moved. ICreWDg MCODded, that tbe miDatea
of the December 8peCia1 meeting be approved u written. MotloD carried.
S1Doe tbe &al expenditure figures have llOt been received froiD tbe Scbool Dl8trlot, 1t
WU DDt poulble for the Filwlce DeputiDtlllt to bave the fiDal fluaaial report for lWIO OOID-
pWed for thl• ~. It w1ll be available for the FebnaarJ JDRdDc.
Deoember aDd Jtmaary expenditures will be &Tait.ble at the Felmuary meetbag.
Tbe appea.race of Co!DJDUaioll members md tbe Golf CourM Committee before CUJ'
Couooll requeaUng funda for golf site appralaala rualted In the CJQ' Maapr being lDatructed
by City CouDc11 to OOIItaot Public Berrloe CODCel'lllDC the l8Dd tbeJ OWD lllorag the Platte River
between Oxford ad Htghway 285 to see what arrapmellb IDiabt be worbd oat to .. tbia
property, aloDc with ad,JaceDt propel"ttee, for the developmeut of a golf coaree. BI.Dce the
Public 8errice onerebtp 1a the larplrt m thla J;a'OPOIIed alte, It wu tbe feelta1 of Ctt)' Coaaotl
report beet to Cit)' Council by February 15 recU"dd.Dc bb ooataot wltla Pub& Sentoe.
preaeated to the Commlllaloa for ~ ao the City M..,_. ca preeeat It to the au. Illata-
"ffl.1 Deputmeat. Tbe preUDliDm'y coat ..Umatee OD the IDdaoa.a. ..S M1al Park wwre alao
prNeDted. Tbe e~&y wn1 develop the MiDI Part IIDd tt 1a boped tiiM t11e ~~ate wm pay • u.
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! i ! t r : r I ~ i : i l 1 ~ r f j I J i i i i I ~ 1 i a l a [ I ,~ f : ~ i i I ! ~ I 1 ~ I I i t i i ! J ! j r ;-I ~ I l I 8' 1 .. i ! I ~ 1 ~ ~ I t f ;t !. 0 5 f "' ~ I f
J ~ I r ~ i ~. ~ ~ ~ l I I j" J ~ i i i ~ r 3 I ~ 1° l [ l ~ i ~ f f I i ~ 1 l ~ i ~ • f r r i I ~ f i ~ ! ~ ! 2 f r
8 ~ i ; 4 § l l i f ! a f ! J i r i ~-~ ! ! i
I I r r ( I r 1 j i 1 1 [ i ~ I ! i r ~ f t 1 f f ~ 1 f r 1 i ~ ~ 2 1 t a t l I I I ~ ~ I l l f I • g j r ~
t I I t i f I ~~ ! I i i i l ! ; I I J1 I l ~ ; l ! l ! i i i
' r l 3 I a ~ i ~ r l I i I r ~ f g I i ~ ( f g ~ I
I I f I ) i i li ~ 1. I ! t ~ ~ i i . f [ l ~ i I I i I
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Parka II RecrutiOD CoiDIDiaakm
M1DUtea of Ja~U~a~T 13 , lJ'Il
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Recreat1oD De~ to faanal .ah them wi&b a wrtUeD propoa1 fw a &lablc uea ._.
olalldreD at tlae lar .. r ~A.,.... reaenolr afterwbtall, U ..... JII'O.,..Ieulble, a
newa releue wl11 be p,.,.....S IDdloiiUDg tbe COidemp,.... of IUCb a JII'OII'UD to feel oat
s-blio lltU&ade . Tbe l>epertmeDt bu al110 t.. requested by tbe Watft 6 s.wr Baud
haw plana for tbe.le areas to preMDt for &piW'OY.a1 at tbe nat IDIMIIti1l&·
Tbe roof Oil the abeher houee at CeateDDlal hu baeD repaiJ'ed bJ tbe OOIIb'aCtor bat
haa not beeo te.ted y.t to aee U the problem 1au beea oorrece.d. Tld8 w1l1 be ~De u MOD
.. tbe welltbar W81'JDS.
to .... fDr pldaoe Ia the .eleoUoD of.,..._. to be 110 ...._ed ill tbe lutare. Culdac.
ProGeDr IIDd Lq were appobded to tb1a OOJDmlttiee.
Tbe 'llleeUal ad,foanaed It 1:~ p. m.
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oFFICIAL
CITY COUNCIL DOCUMENT
nr:r'"IJRN T O
JAN 18 '7 1
COUN C IL MC C:T lfl G F ILE
CITY O F ENGLEWOOD. COLO.
INTRODUCED AS A BILL BY COUNCILMAN DL ot .'o
A BILL FOR
AN ORDINANCE AMENDING TITLE 10 OF THE '69 E.M.C. EN-
TITLED "PARKS AND RECREATION" BY ADDING A NEW CHAPTER
THERETO, BEING CHAPTER 3, TITLE 10, '69 E.M.C. "TREE
AND SHRUB ORDINANCE" REGULATING THE PLANTING AND MAIN-
TENANCE OF TREES AND PLANTS; ESTABLISHING THE OFFICE OF
THE CITY FORESTER IN THE ADMINISTRATIVE SERVICE OF THE
CITY EITHER AS A FULL-TIME APPOINTED EMPLOYEE OR BY
CONTRACT WITH OTHER LOCAL GOVERNMENTS AND PRESCRIBING
HIS AUTHORITY; REQUIRING PERMITS FOR PLANTING, PRESER-
VATION AND REMOVAL IN PUBLIC PLACES; PLACING RESPONSI-
BILITY ON THE OWNERS OF PRIVATE PROPERTY IN ORDER TO
PROTECT GROWTH IN PUBLIC PLACES; PROVIDING FOR ABATE-
MENT OF HAZARDOUS CONDITIONS BY THE CITY; ISSUANCE OF
LICENSES FOR BUSINESS ESTABLISHMENTS; AND PRESCRIBING
PENALTIES FOR VIOLATIONS OF ITS PROVISIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO as follows:
That Title 10 of the '69 E.M.C. is hereby amended
by adding a new chapter thereto, being Chapter 3, Title
10, '69 E.M.C. entitled "Trees and Shrubs", as follows:
10-3-1 -SHORT TITLE
This ordinance shall be known and may be cited as,
"The Tree and Shrub Ordinance", of the City of Englewood,
Colorado.
10-3-2 -DEFINITIONS
For the purposes of this ordinance the following
terms, phrases, words and their derivations shall have
the meaning given herein. When not inconsistent with
the text, words used in the present tense include the
future, words in the plural number include the singu-
lar number and words in the singular number include the
plural number. The word "shall" is always mandatory
and not merely directory.
(1) "City" is the City of Englewood, Colorado.
(2) "City Forester" is the City Forester of
the City of Englewood, Colorado.
(3) "Person" is any person, firm, partner-
ship, association, corporation, company, or organi-
z ation of any kind .
(4) "Street tree" or "tree" or "plant" is
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any tree, vine, shrub, hedge or lawn. Any of a
kingdom (plante) possessing cellulose cell walls
is a tree or shrub in a public place except where
otherwise indicated.
(5) "Local Government" is a county, city,
city and county, incorporated town, school dis-
trict, special improvement district, water dis-
trict, sanitation district, fire protection dis-
trict, police protection district, metropolitan
district, irrigation district, drainage, public
corporation or any other kind of public district
or political subdivision of the State organized
pursuant to law.
10-3-3 -CITY FORESTER
There is hereby established within the Department
of Parks and Recreation in the administrative service
of the City, the Office of the City Forester. Said
Office shall be filled either by (a) appointment by
the City Manager under the provisions of Section 52,
Article VII of the City Charter and Chapter 1, Title
V, '69 E.M.C., or (b) as an appointee of the City
Council pursuant to an agreement for services with other
local governmental units. Should said office be filled
by appointment by the City Council, pursuant to an
agreement for services, said City Forester shall have
in like manner the exclusive jurisdiction and super-
vision of all trees and other plants and grasses grow-
ing in public places as hereinafter set forth.
10-3-4 -AUTHORITY OF CITY FORESTER
The City Forester shall have exclusive jurisdic-
tion and supervision over all trees, other plants and
grasses growing in public places. The City Forester
shall have the power to promulgate rules, regulations
and specifications for trimming, spraying, removal,
planting, pruning and protection of plants upon public
property.
(1) Preserve or Remove on Public Property -
The City Forester shall have the authority to plant,
trim, spray, preserve, and remove trees, other
plants, and grasses in public places to insure
safety or preserve the symmetry and beauty of such
places.
(2) Order to Preserve or Remove on Private
Property -The City Forester shall have the author-
ity and it shall be his duty to order the trimming,
preservation, or removal of trees or plants upon
private property when he shall find such action
necessary to public safety or to prevent the spread
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of disease or insects to public trees and places.
(a) Inspection. Notice in Case of In-
fected Wood Pile or Plants -The City Forester
may enter upon any premises without warrant
to inspect all wood piles or trees, logs,
shrubs, and other plants within the limits
of the City whether such trees, logs, shrubs
or plants are for sale or not. Upon dis-
covering any infectious insects or diseases
harbored within such wood pi.le or ,accumula-
tion of plant matter or the existence of
Elm wood, the City Forester shall .at once
notify the owner or an agent of the premises
whereupon the same is located of the condi-
tion found and shall direct such owner or
agent by notice to remedy such conditions
immediately or a time as determined by the
City Forester.
(3) Issue Permit -The City Forester shall
have the authority to affix reasonable conditions
and regulations to the grant of a permit hereunder.
(4) Large Scale Planting Procedure -Upon
receipt of an application for a permit to plant
or set out an excess of twelve (12) trees or
plants, the City Forester shall have the authority
to require from the applicant detailed information
as set out by the City Forester.
(5) Unlawful to Plant Certain Trees, Shrubs,
etc. -It shall be unlawful to plant or set out
female cottonwood trees (populus deltoides -
female) or box elder (populus alba) and certain
other undesirable plants as designated by the
City Forester upon any property within the City
and the planting or setting out of these certain
plants is hereby declared to be a menace to pub-
lic health, safety and welfare and a public nuis-
ance.
(6) City Forester Provides Standards of
Workmanship to Licensees -The City Forester shall
develop and provide to all licensees copies of
standards of workmanship required by the City for
tree trimming, tree removal, spray applications,
safety requirements, and other such rules and
regulations governing the business of planting,
cutting, trimming, pruning, removal or spraying
plants within the City. Violation of any pro-
visions of these standards of workmanship pro-
vided by the City Forester shall provide suffic-
ient cause for a suspension or revocation of the
license by the City Forest r.
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10-3-5 -PROPERTY OWNERS RESPONSIBILITY FOR PUBLIC
RIGHT-OF-WAY
It shall be the responsibility at the cost of the
owner and agent of any property adjacent to any public
sidewalk, street, avenue, highway or alley to maintain,
trim, spray, remove, plant, prune, and protect all
plants located upon such public right-of-way.
10-3-6 -PROCEDURE UPON ORDER TO PRESERVE OR REMOVE
When the City Forester shall find it necessary to
order the trimming, preservation, or removal of trees
or plants upon public or private property as authorized
in this ordinance, he shall serve a written order to
correct the dangerous condition upon the owner, opera-
tor, occupant, or other person responsible for its
existence.
(l) Method of Service -The order required
herein shall be served in one of the following
ways:
(a) By making personal delivery of the
order to the person responsible.
(b) By leaving the order with some per-
son of suitable age and discretion upon the
premises.
(c) By affixing a copy of the order to
the door at the entrance to the premises in
violation.
(d) By mailing a copy of the order to
the last known address of the owner of the
premises by registered or certified mail.
(e) By publishing a copy of the order
in a local paper once a week for three suc-
cessive weeks.
(2) Time for Compliance -The order required
herein shall set forth a time limit for compliance
of not less than ~ (~) nor more than ~ (26)
days. ::d~ (3 o) ~~ (... "15}
(3) Appeal from Order -The person to whom
an order ~J!under is directed shall have the right
within {,;~~~hours of the service~o~f~s~b---------:
order to appeal to the · o shall re-
view such o rde r and file his
decision thereon. the order is revoked or
modified, it shal in full force and be
obeyed by the per No person
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to whom an order is directed shall fail to comply
with such order within ten (10) days after an
appeal shall have been determined.
(4) Failure to Comply -When the person to
whom the order is directed shall fail to comply
within the specified time, the City Forester
shall remedy the condition or contract with others
for such purpose and charge the cost, plus 15%
for administration fees, thereof to the person
to whom the order is directed. The person re-
medying a condition under a contract made here-
under shall be authorized to enter premises for
that purpose.
(5) Special Assessment -If the cost of
remedying a condition is not paid within thirty
(30) days after receipt of a statement therefor
from the City Forester, such cost, plus 25% of
such cost, shall be levied against the property
upon which said haza~d exis£s, as a special
assessment. The levying of such assessment shall
not affect the liability of the person to whom
the order is directed to fine and imprisonment
as herein provided. Such special assessment
shall be certified by the Director of Finance,
ex officio City Clerk to the Treasurer of the
County of Arapahoe, State of Colorado and shall
thereupon become and be a lien upon such property,
shall be included in the next tax bill rendered
to the owner or owners thereof unless paid before,
and shall be collected in the same manner as other
taxes against such property are collected.
(6) Emergency Notice -In the event the
City Forester finds a condition involving a tree,
shrub, or other plant which constitutes immediate
threat to life, limb or property, the City Fores-
ter shall have authority to immediately have caused
correction or r emedy to such condition at the own-
ers' or agents' expense without administrative fee.
10-3-7 -ABUSE OR MUTILATION OF TREES
No person shall (a) damage, cut, carve, transplant,
or remove any tree or shrub or injure the bark thereof,
(b) pick the flowers or seeds of any tree or plant,
(c) attach any rope, wire, or other contrivance to any
tree or plant, or (d) dig in or otherwise disturb
grass areas, or in any other way injure or impair the
natural beauty or usefulness of any ffi51Ht~~ ~ •
10-3-8 -REMOVAL OF TREES DUE TO CITY SPECIAL
IMPROVEMENT DISTRICTS
In the event the removal of any plant is necessi-
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tated by a City paving or sidewalk district, the ex-
pense of such r emov al will be borne by the City, not
subject to recovery from the owner or agent of the
property unless such plant was planted or placed with
written permit from the City Forester after the effec-
tive date of this ordinance ,
10-3-9 -LICENSE REQUIRED FOR BUSINESS
It shall be unlawful for any person, firm, or
corporation to engage in the business of planting,
cutting, trimming, pruning, removing or spraying
trees, shrubs, vines or hedges within the City with-
out further procuring a license therefore from the
Director of Finance. No such license shall be issued
without the written approval of the City Forester who
shall first be satisfied of the competency of the appli-
cant to engage in such business as indicated by an
examination conducted by the City Forester, both oral
and written. Applicants who hold current valid trim-
ming and spraying licenses from the City of Denver
may be exempted from the oral and written examination
at the discretion of the City Forester. Prior to
issuance of such license, the applicant shall have a
Certificate of Insurance with a minimum of 10-20-25-
50 Thousand Dollars, copy of said Certificate to be
placed on file with Director of Finance. Said insur-
ance shall be for the purpose of indemnifying the City
of Englewood or other person from loss or damage re-
sulting to any person or property by the negligence
of such licensee. Such license shall be issued for a
period of one (1) year and expire on the thirty-first
day of December following its issuance. The license
fee shall be Twenty-Five Dollars ($25.00) per year,
or fraction thereof, payable in advance. Any such
license may be suspended or revoked by the City Fores-
ter upon written notice from the City Forester stating
in what manner such licensee has violated the rules and
regulations of the City Forester or any provision of
any City ordinance. An appeal from such suspension or
revocat ion may be made to the City Council by requesting
such hearing within twenty-four hours of issuance of
notice of suspension or revocation. Said licensee may
continue to perform service until the City Council ren-
ders a final decision. Licenses are not transferable.
Licensee shall supervis and be responsible for all
work done under his license.
10-3-10 -I TERFERENCE WITH CITY FORESTER
No person shall in any way interfere or cause any
person to interfere with the City Forester or his repre-
sentative in or about the performanc of his duties as
defined in this ordinanc .
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10-3-11 -SEPARABILITY
If any section, sub-section, sentence, clause,
phrase or portion of this ordinance is for any reason
held invalid or unconstitutional by any court of com-
petent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such
holding shall not affect the validity of the remaining
portions hereof.
Introduced, read in full and passed on first
reading on the day of , 1970.
Published as a Bill for an Ordinance on the
------------~day of , 1970.
Mayor
Attest:
ex officio City Clerk
I, Stephen A. Lyon, do hereby certify that the
above and foregoing is a true, accurate and complete
copy of a Bill for an Ordinance introduced, read in
full and passed on first reading on the day
of , 1970.
ex officio City Clerk
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INTRODUCED AS A BILL BY COUNCILMAN. __________________ _
A BILL FOR
AN ORDINANCE AMENDING TITLE 10 OF THE '69 E.M.C. EN-
TITLED "PARKS AND RECREATION" BY ADDING A NEW CHAPTER
THERETO, BEING CHAPTER 3, TITLE 10, '69 E.M.C. "TREE
AND SHRUB ORDINANCE" REGULATING THE PLANTING AND MAIN-
TENANCE OF TREES AND PLANTS; ESTABLISHING THE OFFICE OF
THE CITY FORESTER IN THE ADMINISTRATIVE SERVICE OF THE
CITY EITHER AS A FULL-TIME APPOINTED EMPLOYEE OR BY
CONTRACT WITH OTHER LOCAL GOVERNMENTS AND PRESCRIBING
HIS AUTHORITY; REQUIRING PERMITS FOR PLANTING, PRESER-
VATION AND REMOVAL IN PUBLIC PLACES; PLACING RESPONSI-
BILITY ON THE OWNERS OF PRIVATE PROPERTY IN ORDER TO
PROTECT GROWTH IN PUBLIC PLACES; PROVIDING FOR ABATE-
MENT OF HAZARDOUS CONDITIONS BY THE CITY; ISSUANCE OF
LICENSES FOR BUSINESS ESTABLISHMENTS; AND PRESCRIBING
PENALTIES FOR VIOLATIONS OF ITS PROVISIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO as follows:
That Title 10 of the '69 E.M.C. is hereby amended
by adding a new chapter thereto, being Chapter 3, Title
10, '69 E.M.C. entitled "Trees and Shrubs", as follows:
10-3-1 -SHORT TITLE
This ordinance shall be known and may be cited as,
"The Tree and Shrub Ordinance", of the City of Englewood,
Colorado.
10-3-2 -DEFINITIONS
For the purposes of this ordinance the following
terms, phrases, words and their derivations shall have
the meaning given herein. When not inconsistent with
the text, words used in the present tense include the
future, words in the plural number include the singu-
lar number and words in the singular number include the
plural number. The word "shall" is always mandatory
and not merely directory.
(1) "City" is the City of Englewood, Colorado.
(2) "City Forester" is the City Forester of
the City of Englewood, Colorado.
(3) "Person" is any person, firm, partner-
ship, association, corporation, company, or organi-
zation of any kind.
(4) "Stree t tree" or "tree" or "plant" is
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any tree , vine, shrub, hedge or lawn. Any of a
kingdom (plante) possessing cellulose cell walls
is a tree or shrub in a public place except where
otherwise indicated.
(5) "Local Government" is a county, city,
city and county, incorporated town, school dis-
trict, special improvement district, water dis-
trict, sanitation district, fire protection dis-
trict, police protection district, metropolitan
district, irrigation district, drainage, public
corporation or any other kind of public district
or political subdivision of the State organized
pursuant to law.
10-3-3 -CITY FORESTER
There is hereby established within the Department
of Parks and Recreation in the administrative service
of the City, the Office of the City Forester. Said
Office shall be filled either by (a) appointment by
the City Manager under the provisions of Section 52,
Article VII of the City Charter and Chapter 1, Title
V, '69 E.M .C., or (b) as an appointee of the City
Council pursuant to an agreement for services with other
local governmental units. Should said office be filled
by appointment by the City Council, pursuant to an
agreement for services, said City Forester shall have
in like manner the exclusive jurisdiction and super-
vision of all trees and other plants and grasses grow-
ing in public places as hereinafter set forth.
10-3-4 -AUTHORITY OF CITY FORESTER
The City Forester shall have exclusive jurisdic-
tion and supervision over all trees, other plants and
grasses growing in public places. The City Forester
shall have the power to promulgate rules, regulations
and specifications for trimming, spraying, removal,
planting, pruning and protection of plants upon public
property.
(1) Preserve or Remove on Public Property -
Th e City Forester shall have the authority to plant,
trim, spray, preserve, and remove trees, other
plants, and grasses in public places to insure
safety or preserve the symmetry and beauty of such
places.
(2) Order to Preserve or Remove on Private
Property -The City Forester shall have the author-
ity and it shall be his duty to order the trimming,
preservation, or removal of trees or plants upon
private prope r ty when he shall find such action
necessary to public s afety or to prevent the spread
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of disease or insects to public trees and places.
(a) Inspection. Notice in Case of In-
fected Wood Pile or Plants -The City Forester
may enter upon any premises without warrant
to inspect all wood piles or trees, logs,
shrubs, and other plants within the limits
of the City whether such trees, logs, shrubs
or plants are for sale or not. Upon dis-
covering any infectious insects or diseases
harbored within such wood pile or ,accumula-
tion of plant matter or the existence of
Elm wood, the City Forester shall .at once
notify the owner or an agent of the premises
whereupon the same is located of the condi-
tion found and shall direct such owner or
agent by notice to remedy such conditions
immediately or a time as determined by the
City Forester.
(3) Issue Permit -The City Forester shall
have the authority to affix reasonable conditions
and regulations to the grant of a permit hereunder.
(4) Large Scale Planting Procedure -Upon
receipt of an application for a permit to plant
or set out an excess of twelve (12) trees or
plants, the City Forester shall have the authority
to require from the applicant detailed information
as set out by the City Forester.
(5) Unlawful to Plant Certain Trees, Shrubs,
~ -It shall be unlawful to plant or set out
female cottonwood trees (populus deltoides -
female) or box elder (populus alba) and certain
other undesirable plants as designated by the
City Forester upon any property within the City
and the planting or setting out of these certain
plants is hereby declared to be a menace to pub-
lic health, safety and welfare and a public nuis-
ance.
(6) City Forester Provides Standards of
Workmanship to Licensees -The City Forester shall
develop and provide to all licensees copies of
standards of workmanship required by the City for
tree trimming, tree removal, spray applications,
safety requirements, and other such rules and
regulations governing the business of planting,
cutting, trimming, pruning, removal or spraying
plants within the City. Violation of any pro-
visions of these standards of workmanship pro-
vided by the City Forester shall provide suffic-
ient cause for a suspension or revocation of the
license by the City Forester.
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10-3-5 -PROPERTY OWNERS RESPONSIBILITY FOR PUBLIC
RIGHT-OF-WAY
It shall be the responsibility at the cost of the
owner and agent of any property adjacent to any public
sidewalk, street, avenue, highway or alley to maintain,
trim, spray, remove, plant, prune, and protect all
plants located upon such public right-of-way.
10-3-6 -PROCEDURE UPON ORDER TO PRESERVE OR REMOVE
When the City Forester shall find it necessary to
order the trimming, preservation, or removal of trees
or plants upon public or private property as authorized
in this ordinance, he shall serve a written order to
correct the dangerous condition upon the owner, opera-
tor, occupant, or other person responsible for its
existence.
(1) Method of Service -The order required
herein shall be served in one of the following
ways:
(a) By making personal delivery of the
order to the person responsible.
(b) By leaving the order with some per-
son of suitable age and discretion upon the
premises.
(c) By affixing a copy of the order to
the door at the entrance to the premises in
violation.
(d) By mailing a copy of the order to
the last known address of the owner of the
premises by registered or certified mail.
(e) By publishing a copy of the order
in a local paper once a week for three suc-
cessive weeks.
(2) Time for Compliance -The order required
herein shall set forth a time limit for compliance
of not less than ~liA (l&) nor more than ~6-) (1 ~ days. ~ l~C'J) ~ l4~-;
. ~,.-t---c fux9A k -w-..a (3) A 1 f 0 d Th wh Y'--r• ppea rom r er -e person to om
--------~an~~o~r~d~er hereunder is directed shall have the right
withinlf.Went; foe hswrs of the service of such
order to appeal to the who shall re-
view such order and file his
decision thereon. revoked or
modified, it sha remain and be
obey<!d by th;.,.-per son to whom dir cte d No person
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to whom an orde r i s dire cte d shall f ail to comply
with such o rde r wi t hin t en (10) days after an
appeal shall have been d e t e rmin e d.
(4) Failure to Comply -When the person to
whom the order is dire cted sh all fail to comply
within the spec i fie d time , the City Forester
shall remedy the condition or contract with others
for such purp o s e and charge the cost, plus 15%
for admini s tration f ee s, thereof to the person
to whom the order is dire cted. The person re-
medying a condition unde r a contract made here-
under shal l be authorized to ente r premises for
that purpos e .
(5) Special Assessment -If the cost of
remedying a condition is not paid within thirty
(30) days after receipt of a statement therefor
from the City Forester, such cost, plus 25% of
such cost, shall be levied against the property
upon which said hazard exists, as a special
assessment. The levying of such assessment shall
not affect the liability of the person to whom
the order is directed to fine and imprisonment
as h e rein provided. Such special assessment
shall b e certified by the Director of Finance,
e x officio City Clerk to the Treasurer of the
Co unt y o f Arapahoe , State of Colorado and shall
the r e upon become and be a lien upon such property,
s hall be included in the next tax bill rendered
to the owner or own e rs thereof unless paid before,
and shall be collec ted in the same manner as other
taxes against such property are collected.
(6) Emergency Notice -In the event the
Cit y Forester finds a condition involving a tree,
shrub, o r other plant which constitutes immediate
threat to l ife , limb or property, the City Fores-
t e r shall h ave auth o rity to immediately have caused
c orrec t ion o r r e me d y to suc h condition at the own-
e r s ' or a ge nts' e xp ense without administrative fee.
10 -3 -7 -ABU SE OR MUT ILATIO N OF TREES
No pe r son sh a ll (a) d am age, c ut, carve , tran s plant,
o r r emove any t r ee o r s hrub o r i njure the bark the reof,
(b) p ick the flowe r s o r seed s of a n y tree or p l ant,
(c) attach any rope , wir e, or othe r contr ivance t o any
tree o r p lant, o r (d) dig i n o r o the rwis e di sturb
g rass a r e a s, o r in any othe r way injur e or i mpa i r the
na tur al beau ty o r usefulness of an ..,..0~ ~.
10 -3 -8 -REHOVAL OF TREES DUE TO CITY SPEC IAL
IM PROVEMENT DISTRICTS
In the v n t th r e moval of an y plant is necess i-
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tated by a City paving or sidewalk district, the ex-
pense of such removal will be borne by the City, not
subject to recovery from the owner or agent of the
property unless such plant was planted or placed with
written permit from the City Forester after the effec-
tive date of this ordinance .
10-3-9 -LICENSE REQUIRED FOR BUSINESS
It shall be unlawful for any person, firm, or
corporation to engage in the business of planting,
cutting, trimming, pruning, removing or spraying
trees, shrubs, vines or hedges within the City with-
out further procuring a license therefore from the
Director of Finance. No such license shall be issued
without the written approval of the City Forester who
shall first be satisfied of the competency of the appli-
cant to engage in such business as indicated by an
examination conducted by the City Forester, both oral
and written. Applicants who hold current valid trim-
ming and spraying licenses from the City of Denver
may be exempted from the oral and written examination
at the discretion of the City Forester. Prior to
issuance of such license, the applicant shall have a
Certificate of Insurance with a minimum of 10-20-25-
50 Thousand Dollars, copy of said Certificate to be
placed on file with Director of Finance. Said insur-
ance shall be for the purpose of indemnifying the City
of Englewood or other person from loss or damage re-
sulting to any person or property by the negligence
of such licensee. Such license shall be issued for a
period of one (1) year and expire on the thirty-first
day of December following its issuance. The license
fee shall be Twenty-Five Dollars ($25.00) per year,
or fraction thereof, payable in advance. Any such
license may be suspended or revoked by the City Fores-
ter upon written notice from the City Forester stating
in what manner such licensee has violated the rules and
regulations of the City Forester or any provision of
any City ordinance. An appeal from such suspension or
revocation may be made to the City Council by requesting
such hearing within twenty-four hours of issuance of
notice of suspension or revocation. Said licensee may
continue to perform service until the City Council ren-
ders a final decision. Licenses are not transferable.
Licensee shall supervise and be responsible for all
work done under his license.
10-3-10 -INTERFERENCE WITH CITY FORESTER
No person shall in any way interfere or cause any
person to interfere with the City Forester or his repre-
sentative in or about the performance of his duties as
defined in this ordinance.
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10-3-11 -SEPARABILITY
If any s e ction, sub-section, sentence, clause,
phrase or portion of this ordinance is for any reason
held invalid or unconstitutional by any court of com-
petent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such
holding shall not affect the validity of the remaining
portions hereof.
Introduced, read in full and passed on first
reading on the day of , 1970.
Published as a Bill for an Ordinance on the
-----------~day of , 1970.
Mayor
Attest:
ex officio City Clerk
I, Stephen A. Lyon, do hereby certify that the
above and foregoing is a true, accurate and complete
copy of a Bill for an Ordinance introduced, read in
full and passed on first reading on the day
of 1970.
ex officio City Clerk
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OFFICI A~
CITY COU r11_ f""lOrU MENT
J.\N '71
INTRODUCED AS A BILL BY COUNCilMAN
-'· ET1NG F I L E & ~~.,, I' '
a'i"''~ [I ( OC"' \('ll Q
A BILL FOR.
AN ORDINANCE AMENDING THE FEES ESTABLISHED FOR MISCEL-
LANEOUS AMUSEMENT DEVICES AND PREMISES AS CONTAINED IN
TITLE IX, CHAPTER 2, SECTION 41.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO :
1. That 9-2-41 , entitled, "Miscellaneous Amus e -
ment Fees" is hereby amended to read as follows :
9-2-41. Persons operating or maintaining
amusement devices or premi$es within the City_
shall be taxed as follows:
(1) Billiards and pool -$2.50 per
table per year.
year.
(2) Bowling -$2.50 per lane per year.
(3) Shooting Galleries -$10.00 per
(4) Theatres and Moving Picture Houses -
$25.00 per year.
(5) Carnivals -$100.00 for the first
day and $50.00 for each additional day, pay-
able in advance .
(6) Circuses -$100.00 for the first day
and $50.00 for each additional day, payable in
advance.
(7) Itinerant Show (other than carnival
or circus) -$50.00 for the first day, $25.00
for each additional day, payable in advance.
Introduced, read in full and passed on first reading
on the day of , 1971.
Published as a Bill for an Ordinance on the ______ day
of ------• 1971.
Mayor
At:test:
ex officio City Cle rk
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I, Stephen A. Lyon, dQ hereby certify that the
above and foregoing is a true, accurate and complete
copy of a Bill for an Ordinance, introduced, read
in full and passed on first reading on the ____ day
of , 1971.
ex officio City Clerk
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INTRODUCED AS A BILL BY COUNCILMAN _________ _
A BILL FOR.
AN ORDINANCE AMENDING THE FEES ESTABLISHED FOR MISCEL-
LANEOUS AMUSEMENT DEVICES AND PREMISES AS CONTAINED IN
TITLE IX, CHAPTER 2, SECTION 41.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
1. That 9-2-41, entitled, "Miscellaneous AmUBe-
ment Fees" is hereby amended to read as follows:
9-2-41. Persons operating or maintaining
amusement devices or premi&es within the City.
shall be taxed as follows:
(1) Billiards and pool -$2.50 per
table per year.
year.
(2) Bowling -$2.50 per lane per year.
(3) Shooting Galleries -$10.00 per
(4) Theatres &nQ Moving Picture Houses -
$25.00 per year.
(5) Carnivals -$100.00 for the first
day and $50.00 for each additional day, pay-
able in advance .
(6) Circuses • $100.00 for the first day
and $50.00 for each additional day, payable in
advance.
(7) Itinerant Show (other than carnival
or circus) -$50.00 for the first day, $25.00
for each additional day, payable in advance.
Introduced, read in full and passed on first reading
on the day of , 1971.
Published as a Bill for an Ordinance on the day ---of -----' 1971.
Mayor
Attest:
ex officio City Clerk
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I, Stephen A. Lyon, do hereby certify that the
above and foregoing is a true, accurate and complete
copy of a Bill for an Ordinance, introduced, read
in full and passed on first reading on the ____ day
of , 1971.
ex officio City Clerk
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A T TOANI:Y& AT LAW
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"5:JE D [. NC (,. l'i~0 8 UNIT CO BANO\ CENT(.t:l
~ ~09 E AT S w-"'~ON
RCNOLC. ""'C ~
[.0W A qQ C (Pf •tC••
G L CN e c ~..·u~. JQ
A I..L.AN 8 A O A"'$
1700 BR0AQWA 1'
0£NVER ,COLORA00 60Z02
De c embe r 30, 1970
T E.L.C P ... ONit
3 03 ·8 2 5 -6 Z 71
OFFICIAL:
Mr. Bernard v. Ber a rd i ni
City Attorn ey
City of Engl e wood
3400 South Elati Street
B!1-Jl <O:•·•c od , Colc-rado 801 1 0
Re: Liquor License Renewal
CITY COUNC IL DOCUME NT
f.!":'"-, lr>'J ,,.,
C'
· .;G FI LE
CITY vr LNGLC:.v.ooo . COLO.
Application of Ban Ham Liquors, I n c.
Dear Mr. Be rardini:
Thi s l e tte r is t o confirm o ur prior discu s s ion s p e r-
taining t o the renewal applicat i on for a liquor lic e n s~ n ow
pend ing b ~for e the Englewood City Council on behalf of Ba n Ha m
Liquor s , Inc.
On behalf of Ban Ham Liquors, Inc. I am authorized
to state that if the City Council should approve the liquor
license re ne1val application now pending before it, and if
Ban Ham Liquor s , Inc. shall not have made arrangements to have
an operative outlet operating under this license by July 1, 1971,
then Ban Ham Liquors, Inc. will surrender the said license:
consent t o a r e vocation of the same: or not object to a suspen-
sion thereof, whichever the City Council directs.
Very truly yours,
MEE'OWA N~D ':(!_ E~E p p'?i
EC E :dp
c c : Mr. Stanley H . Dial ~
Ci t y Manager
City of Englewood
En g lewood , Colorado 801 1 0
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O FF ICIAL
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JA N 1 7 1
O.J, COLO .
Stanley H. Di a , C:i ty ~1anager OAT~ Janu •ry 15 , 1971
of Utilitie s
ln gle ~ood Stockholdings-McBro om Ditch
"'-
The McBroom Ditc h, Pri o rity ill out of Bear Creek , ha s an art uni cated water right of
11.5 cubic feet per second, or 7 .48 million gallons ada). "'here are 444 ,25
s hares , of which the C ity owns 407.25.
In order that the City be able to control the operation of 1t e ditch since i t
owns over 90 7. of tht> .;tock , the Utilities Director and one ' her city official
hav e been traditional l y listed as proxy voters and shareho ldLrs , thus giving
u s two position~ on the Board of Directors.
Mr. John Curtice ha s si gned over the five shares in his name, these s ha res to
be pu t in the name of Dallas K. Stephens.
I request that City Co uncil appoint Mr. Stephens to hold st ·>< k cer tificate 1113 6
for five shares and to further indicate that the current anl fut ure incumbents
in the po sition of office manager be so designated by thi• a lion.
~/' . J ~~~-C._d· ·~. -~ t / .;£
Char les B. Carroll , J iY.
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JAII1 8 71
C ITY OF
C OUriC I L l .. <::lc lli\'G FI LE ern: O F ENGLEV/000 C
ENGLEWOOD PLANNING AND ZONING COMMISSION ' OLO.
JANUARY 5, 1971
I. CALL TO ORDER.
The regular meet1ng of the Cit y Planning and Zon1ng Commission was
cal led to order by Ch ai nnan Carlson at 8 :00 P. M.
Me •bet•s present: Walsh ; Senti ; Pa tric k ; Mosbarger ; Lentsc h ; Henning ;
Car lson
Supinger , Ex-o fficio
hl mb ers abs nt· Woods; Lone
Also P rese nt : A s~s tant Planning Director Romans; Planning Ass istant
Wardlaw; City Attorney Berard i ni ; Public Works Director
Wa ggon r.
II . APPROVAL OF M 1 NUTES .
Mr . Carl so n stated that the Minutes of December 8, 1970, were to be
c onsidered for app1oval.
Lents c h moved :
Mosbarge r seconded: The Minutes of December 8, 1970, be approved as
written.
The motion c a rried unanimously.
III . COLLIER, ANDERSON, WRIGHT, SMEDLEY & TURRE
Lots 17-32, tnclus1ve, Block 18, Englewood ;
All of Block 19 , Englewood;
Lots l-16, 1nc lusive, Block 20, Englewood.
CASE #26-70A
December 8, 1970
Mr. Carlson stated that this rezoning request was tabled at the meeting
of December 8, 1970, t o allow further c onsideration by the Commiss~on
before rende ring a de ision.
Henning moved:
Walsh seconded: That Case #26-70 be raised from the Table.
The motion carried unanimously.
Mr. Lentsch asked if opponents and proponents had been notified that the
ma tter would be c ons1de re d at this meeting? Mr. Supinger stated that it
was stated at the me eti ng of December 8, 1970, that the matter was to be
c ons ide re d at the regular meeting of January 5, 1971 ; no specific not~ce
was ma~l ed by the office to opponents and proponents.
Dr . Walsh asked whi h p r operties were the two vacant sites referred to
in the staff report? M s . Romans stated that property owned by Ms. Bai r d
(Lots 31-32, Blo k 18) and property owned by R. w. Smedley, (Lots 31 -3 2,
Block 19 ) were va ant .
01. Wal ~h th n a~k d what s t g n1f1 c ance t h e c hange of owner s hips i n th1s
area 111 c ompalt ~on to c hange s in own rs hip in similar area s , should have
tn th e ·on">td .1. !ton by the Commission? Mr. Supinger stated that he
didn 't fe 1 Ll was n ce sa r1ly of "great " signi fic ance to the Commission
.1n theu· d I ib•1•a lton.
lW. Walsh a s k d .1 f apd tme 11 t houses ould be erected only in the R-3 B
Zone Dt t1·~c t'? M • Supinger r e pl .1ed that apartment houses are permitted
1n the R-3-A and R-3 -B Zone Ot lrtcts.
Ml'. Lon e en t e 1·cd and took h 1s c hau· with the Commission.
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Dr. Walsh askeu f or a clar1f1cation of the permitted uses in an R-4 Dis-
trict? lie asked whe"l tiJJl:> l 12 bloc k betwee n th e Fox-Galapago alley and
South Galapago St rrel wa 70ned R-4 , a ~d why was it given the R-4 desig-
na t1on? Mrs. Romans ::. ta t ed that the R-4 zone district is the "buffer"
district , wb t ch will p erm1t s.tngle and two-family resident1al uses, off-
street parking lot~, profe io ~a l office buildings, etc., but permits
no retail uses . 'l'h.ts buffer zone may be l /2 block in depth as contrasted
to the usu a l dep th consi dered a a minimum for other zone districts,
which is one "c ity" block.
Dr . Wal sh asked how muc-h of the area east of the Delaware/Elati alley
that is zoned R-3-B is developed for apartment usage? Mr. Supinger
tated that he didn 't have the exact percentage, but that he felt 1t
was less than 50%; he noted that mu c h of the area is devoted to single-
family resident1al use.
Dr . Walsh asked what the City Ordinan c e requires for m1n1mum parking
ratio? Mr. Supinger replied that the parking ratio is one space for
each dwelling unit, as set forth in the Comprehensive Zoning Ordinance.
Dr. Walsh asked if any comments had been received by the Planning Depart-
ment by other City off1 es on the parki~ situation--whether it was in-
adequate, or whether parking in excess of that needed is being provided?
Mr. Supinger stated that no comments had been made to him; he noted
that the staff does not feel the parking required is adequate, nor is
the parking that is being provided by a majority of the developers.
Mrs. Henning asked if there was a minimum parking ratio for single-family
districts, as well as for apartment districts? Mr. Supinger replied that
the 1:1 ratio appl1ed to all dwelling units--single family, two family,
and multi-family. Discuss1on followed.
Lone moved:
Henning seconded: The Planning Commission recommend to City Counc1l that
the rezoning request filed by Messrs. Collier, Anderso~
Wright, Smedley and Turre for a change of zone from R-1-C (S.tngle-family
Residential) to R-3-B (Multi-family Residential) for the area bounded by
the Delaware/Elati alley on the east, West Jefferson Avenue on the north;
Fox/Galapago alley on the west, and West Kenyon Avenue on the south, be
approved for the following reasons:
1. The development of the Cinderella City complex has encouraged a
"commercial" atmosphere in the areas adjacent, which satellite develop-
ments create further changes in areas adjacent to their boundaries.
2 . The single family zoning in this part1cular situation is an "enclave",
and the granting of the requested R-3-B Zone District will be an extension
of the R-3-8 zoning from the east.
3. West Kenyon Avenue is an arterial street, and will provide a logical
boundary between the single family developments to the south and the
heavier density residential and commercial developments north of Kenyon
Avenue.
4. No resid nt of th bU bj c t ar a to be rezoned spoke in opposition to
the requested rezontng at th Public Hear1ng.
5 . recc1v d 1nd1cated one signature by a resident with1n the
rezon d in oppos1tion.
The staff •·eport and •· LOmnwnda tJon s of th Plann.tng Department staff are
to be forward d to Coun il lo1 th 1r infonnat1on a a part of this recom-
me ndation .
AYES:
AYS:
Senti; Patt1 c k ; Mosb.u gu J
WAl s h ; Lent sch
Th motion cal i d.
Lon II nn1ng; Carlson
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IV. KEY SAVINGS & LOAN
3501 So. Broadway
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ALLEY VACATION CASE #2-71
Broadway /Acoma
Hampd en to Dry Creek
Mr. Supinger stated that Key Savings and Loan Assoc1at1on has pu rc hased
all the property fronting on Hampden Avenue between South Broadway and
Little Dry Creek. Mr. Supinger stated that Mr. Stones, Vice-Pres1de nt
of the Association, has stated that they will tear down the exi t1ng
garage just west of the alley, but that the bu1ld1ng on the west e nd of
the property will remain. They would like to have t he alley va cated and
use the area for parking. Ac cess to the pa rk1ng lo t would be mov d
f urther west than where the alley is at present. Mr. Sup i n ger tated
that all utilities departments and comp anies have been not1f ied , and
none have any objection to the va catio n, prov1ded an easement i s etained
f o r the full width of the alley for the existi n g utilities .
Mrs. Henning asked how an easement for a pedestrian walk-way would be
retained? Mr. Supinger stated that it would be accomplished by a legal
instrument. He noted that the locat1on of the walk-way is not firmly
decided at this time; he stated that It might be in the same area as the
utilities easement, but that it does not have to be 1n that same a ea.
Mr. Supinger also noted that while he understood the reception of the
"pedestrian walk-way" idea was favorable by officials at the Key Sav1ngs
Association, they have not made a committment for such walk-way at this
time.
Mr. Lone asked if it would be proper for the Commission to re omm end
vacation of the alley , and that the easement f or utilities be retained,
and to state that the location of the p e d estrian walkway easement will
be established at the ~ate of vacation. Discussion followed. Mr.
Berardini commented that he felt there should be some firm recommendation
on the location of the pedestrian walkwa y. Further discussion followed .
Mr. Supinger stated that he understood Key Sav1ngs would like to have
the alley vacated, if possible, without too much d ela y, thus giv1ng them
t1me to get their parking layout drawn, et • so that when the a s ph a lt
plants open in the spring, the work will b completed a s soon as poss1ble.
Discussion followed. Mr. Lentsch asked h ow th e proposed pic 1c a .r a
along Dry Creek would be reached by those w1sh1ng to use the f a rtlltl s?
Mr. Supinger stated that it would be reached by foot; no provt s1on lor
vehicular access has been made because co t would be proh1bitiv • M •
Supinger then pointed out that the staff report recommends that the
Planning Commission approve the parking lot layout, landscaping, et c .
as a condition for the approval of the va at1on. Discussion followed.
Mr. Lone stated that he felt it would be to the advanta ~e of Key Savtngs
if a recommendation for vacation of the all y were made. He felt that
if the Association knew that the City wa 1n favor of the vacat1on they
would proceed on their plans for the parktng lot. Dr. Walsh agre e d that
it made sense to make the recommendat1on !or vacation o f the alle y , and
leave the details of the location of the walkway etc. up to th e Planning
Department and City Council.
Lone moved:
Walsh seconded : The Planning Commiss ion re c ornm nd to C1ty Cou n< 11 that
at s uch time as deta1l s for u ttlity asement , p d tr1an
walkway ac e s to the park land to th s outh of Dry Cre k, app oval of
th parking lot layout and lands aping pla n c an be a ompl1sh d, th a t
the alley between Broadway/Acoma and Hampd •n 'Dry Cr ek be va at d.
The mot1on carried unan1mously.
V. BURTKTN ASSOCIATES CASE ~1 -71
Subd1vislon Waiver
Mr. Supinger stated that the prope rt f o r wh1 h th waiver 1 r~qu s tcd
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is on the west side oi South Broadway a11d north of B 1g Dry Creek, The
applicants requested a waiv er to the Subd 1vision Re gu lations tn 196 9,
wh1ch request was granted by the Comm t ssi o n. Con d1t ion to that wa1ver
were that no further division of the land would take place w1 th ou t ap proval
of the Commission . Mr. Supin ger state d t hat Mr. Burt and Mr. A r k 1n, dba
Burtkin Asso ci ates, would now like to modif y the pla n s ubmitted 1 n 1969,
b y enlarging the site f or a p ro po sed es ta urant and move the access ro ad
from a point just north of the re taurant to a potnt JUSt north of the
Cree k.
Mr. Harry Arkin d1 s played a c opy of the pl an approved in 1969 b y the
Commission, and a co py of th e propos ed modi11.c ation . Mr. Ark1n state d
that they are moving the site for the estaurant next to th e Kentuc k y
F rie d Chicken, and are moving the roadw ay to the south. Mr . A r k 1n
sta ted that he has been told by Mr. Sagr1Jlo , A s1 tanL C1 ly E n ~1neer ,
that the roadway next to the c r ee k would b e preferable to the prev~ous
proposed location, b ec ause it would tie into a r oadway a ero s Broadway
to the e a t, and would form an 1ntersection , ~lr. Ark1n stat d that the
propo ed ro adwa y i a "private access road". M • Arktn re v iewed the
development of th e area south of Bell ev 1 e w, He noted that th1s area was
fo rm er ly a "dum p ": the Commission aske d if Mr . B ur t wo u ld "f1ll" the
p r operty, and Mr . Bu rt has done so. The p rop erty has b ee n f1l l ed a nd
l e vel e d, and c omp a c ted where ne cessary.
Mr . Arkin stated that he was informed at 4 :30 this af t ern oon that the
Planninf s taff would rec ommend against th e granttng oi the mod1f1ed
waive•· be ca u se of concern voiced by the Fi•·e Dep a tme n t and Publt c Works
Departmen t . Mr. Arkin was concerned that the Fu·e De partme nt 1s as ktng
that a fire plug b e instal led at the ~nt 1 ection of the p opo s ed a · ess
road and Lehow Avenue; he st ated he felt tl11 would be for t h e prot ct 1on
o f the veterinary cli nic , and h e did not feel t hat Burtk1n As ~oc 1 ates
s hould be req u ired to fi nance this par t1cular 1n talla t 10 • M•. A1·k1.n
stated that Burtkin Associates ha s prov1d d an 8" ew •· llne down West
Lehow Avenue, which the veterina r y c lini ha tapp d 1nto.
Mr . Carlson as k ed Mr . Arkin if they proposed to 11 n 1 h th a< •-.; 10ad
for the c omplet e length from Broadw ay to Lehow , 01 1 [ th ey would 0111 v
part1ally improve the roadway? Mr. Ark 1n tated lh y pla n d at the
moment to fi n ish the road to t h e rea• of th ptopo d re tau rant proper t y
line with asphalt, c urb and gutter. Di scusston followed,
Mrs. Henn i n g sta ted that she is c on ce •·ned about tins p tope l ty ~ tha t th1
proposal doesn't seem to be a logical d v lopment 1 11 he1 optlllO t., Sh
noted that if Mr. Bu•·t doe s a c qutre th Me padd n property, that tt oul d
ch an ge the ent1re c oncept for developme nt that extsts at thP mom tn t, and
she stated s he was reluct ant to waive th r e gula t1 ons fo th1 s ve r y
reason. Mr. Bu r t tated that he didn't f l he and Mr . Ark1n s ho ld be
~'blamed for what ma y or may not h app n to th M Spadden property''; he
pointed out that h e ha been try i ng to pu•· ha'ie th property 1or ftve
years, that the proper·ty does pose p•·obl em s , and h feels the p1obl •m ·
"wi ll b e sol v d i n t 1m ", Mr . Burt re vi e~~< d thl' p r ogre s 1n d e v lopm,>nt
oi th a r a s1n he has been int r est d In th ar· ·a; he stated that h1s
dev e lopm nts ar "br1ngi ng t•ev n ut> tnto t h • i.ty of Engl,;-wood " at d h
1s trying in thi •· ques t to•· a 11aive1 to b r tng d llO i her bu·nr.c•s -. Ill which
wlll mak "s ome prolrt fo r the Cit y'', ~~~. Uu1 t n oted t hat tlw drd H g
ot llu s p•·opos d d v 1opmc·n t wtll hav e to lx• approvt.>d by Mr . Wa f4f.!,On 1 ,
Publ1 c WOJ'k Dir eto1·, H stated th:~t "wh •t tlu d velopm n t ts bu tlt ,
1t wtll b a wonde r·Jul as s t to the C tl} ol E ng le~~;oocl ", Mr-;, f! n u 1r.~
omm nt •d that the Plnnni u g C nun1 sion mu :;;t look at th 'l .tl.l a H :>a
11-he th I ' it i s own d by o ne p •·s on or no t , a1d ma k a de is 1on that ts
best i o1 th a:t a.
M1 , Lone s tated that h tell thl t lot ati u o J th au·ess r·oacl dot •s
Ju1th r d1v1d th pa r e 1, and that th propC'1 tv co u ld bt> d vclop•d ""
two scpat·atc pa •·cel . Oiscu ·t o n lolloll f>d, ~lr. Sup1nger stntL•d tha t 1t
~~;as NOT t h suggcstlon ol th t-Hall lhat tl w d C ('L'" road b e rr·lOt<ltL'cl •
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Mr. Carlson commented that he felt Mr. Lone's opinion that the relocation
of the access road did cause further division of the parcel wa s a po1n t
well taken . Mr. Arkin commented that the original plat filed with the
first waiver they had obtained indicated an a cces s road, but did not have
such road in a definite location shown on the map. He stated that h e
was aware that access will have to be provided to the rear parcel of land.
Mrs. Henning asked Mr. Waggoner what objections he had to the proposa l?
Mr. Waggoner stated that he was concerned about storm drainage . He
pointed out that Big Dry Creek is not shown on the plat, and he Ls not
sure the roadway can be placed as is shown on the plat without mov~n g the
creek to the south. Mr. Waggoner stated that he also felt the a ces3
road tying into Lehow Avenue and Broadway should be dedicated to the C1ty;
if it is open for public travel , it should be a public road. He stated
that if the roadway is not to be used for tht·ough traffic , it should be
discouraged . Mr. Waggoner cited the roadways in C1nderella C1ty as an
example, and urged that further situations such as this be avoided tf at
all possible. Mrs . Henning asked what would be involved to ge t the r oad-
way dedicated to the City? Mr . Berardini stated that it could be accom-
plished by (1) the filing of a subdivision plat which shows the roadway;
(2) it may be granted to the City by deed or instrument; or (3) ~t may
be implied, which is to say that with the use of th1s roadway by the
public for a given length of time, it will become a public street by
continued public use . Discussion followed. Mr . Burt stated that he
would like to develop the interior parcel with a motor lodge, and he
didn't feel the managers of the motor lodge would want through trafft c
in that area. He stated that he felt he would discourage use of the
roadway by through traffic to the point of policing it in some mann er.
Discussion followed.
Mr. Lone reiterated that he felt this proposal was more than a mod~fi<a
tion of the original waiver; he felt it was a further d1vis1on of th
parcel of land, and that the request should be for approval of furth et
division of the land rather than approval of a mod1ficat1on.
Dr. Walsh commented that it appeared "like checker playing" to btm .
they want to move the access road south and enlarge the site for the
proposed restaurant. Dr. Walsh asked if the proposal created mor e
drainage problems than the original plan? Mr. Waggoner stated that tf
the Commission considered just the enlargement of the s~te fo the
restaurant, that it probably would not; but, if the relocation of th
road were approved the drainage problem would, in all likelihood , be
increased. Mr. Waggoner again stated that Big Dry Creek is not ·hown
on the plan ; he pointed out that he does not have a survey in h1s f1les
which plots the location of the Creek. Mr . Arkin stated that the Cree k
did not cross any of this property.
Mr. Waggoner also noted that there is a drainage easement along th e we st
line of South Broadway, which is not shown on the plat. Mr. Burt sta t ed
that Burtkin Associates has obtained the easement from the Highwa y Depart-
ment . Discussion followed.
Mr. Berardini asked if the Commission would cons1de the matter further
at a future date, which would give him time to rev1ew the matter thoroughly
with the staff, and with Mr. Burt and Mr. Arkin?
Mr. Arkin asked that it not be tabled , and that a deci ion be made at
this meeting; he pointed out that a committment has been made to butld
the restaurant, and a time schedule that they have devised i vety t1 ght.
Mr . Lone commented that if the matter wer e to be dec1ded th1s even1ng,
h felt he would have to vote against the I anting of the wa1ve1 as le-
quested . He stated that he would like cla r1fic ation on s ome po ints of
disc ussion, and an official opinion from the C1ty Attorney before th
matter is decided. He c ommented that he could not be concerned about the
tight time schedule the developers are facing , and pointed out that the
Ci ty did not place the time schedule on them.
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Mr. Carlson stated that he felt if the Commission postponed the decision,
that there had "better be a reason for it". Discussion followed.
Henning moved:
Lone seconded: The matter be tabled until the next regular meeting of
January 19th for further consideration.
AYES: Henning; Lone
NAYS: Walsh; Senti; Patrick; Mosbarger; Lentsch; Carlson
The motion failed.
Walsh moved:
Lentsch seconded: The modification of the subdivision waiver granted
May 7, 1969, be accepted as requested by Burtkin
Associates, and as shown on Survey #52744, revised 23 December 1970.
Conditions which were placed upon the property at the time the waiver
was granted in May, 1969, will remain in force as a control on this prop-
erty, such conditions being:
1. No further division of said realty, other than that shown on said
attachment (without securing the further approval of the Commission) shall
take place ; and
2. That parcel designated on said plat as Parcel 1 shall be developed
as a single site or development, so that the same shall have access from
both Lehow Avenue and South Broadway Street.
AYES: Walsh; Senti; Patrick; Mosbarger; Lentsch; Carlson
NAYS: Lone; Henning
Motion carried.
VI. COMMISSION'S CHOICE
Mrs. Henning commented that she didn't agree with the policy of granting
waivers to the Subdivision Regulations, as the policy was explained by
Mr. Carlson; and further, that policies such as this should not be stated
in a public meeting. Mrs. Henning stated that she felt it was the g r anting
of waivers such as this one granted this evening, that presented a g r eat
many serious problems to the City, and that the Commission should do all
it can to eliminate the problems before they arise.
Dr. Walsh agreed that the Commission should be discreet in stating
policies.
Mr. Lone discussed the car wash which Mr. Burt has located on Lehow
Avenue, just north of the property for which he was requesting the waiver
to the subdivision regulations. This c ar wash has gas pumps, and there
is a service station within the 500 foot distance that the City has placed
between service station property lines. Mr. Lone stated that he felt if
the 500 foot limitation was proper, that it should be diligently adhered
to and enforced. If the 500 foot limitation is not proper, then he felt
it should be removed from the books. Mr. Lone noted that there have been
a f ew instances, such as this, where the permits have been issued for
the g as pumps, because the developer avows that they are an a cce s sory use
or c onditional use to his business. But, Mr. Lone noted, there have
al s o b ee n s everal applications denied by the Board of Adjustment and
Appeal s , and it is his contention that there should be a con sis tent en-
fo rcement o f the rule, i f it is to continue . Discussion followed.
I t wa s moved and seconded that the meeting be adjourned. The motion
c arried ; meeting adjourned at 10:50 P. M.
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION
OF THE CITY PLANNING AND ZONING COMMISSION
DATE : January 5, 1971
SUBJECT: Rezoning of Lots 17-32, inclusive, Block 18, Englewood
All of Block 19, Englewood
Lots 1-16, inclusive, Block 20, Englewood
RECOMMENDATION:
Lone moved:
Henning seconded: The Planning Commission recommend to City Council that
the rezoning request filed by Messrs. Collier, Anderson,
Wright, Smedley and Turre for a change of zone from R-1-C (Single-family
Residential) to R-3-B (Multi-family Residential) for the area bounded by
the Delaware/Elati alley on the east; West Jefferson Avenue on the north;
Fox /Galapago alley on the west; and West Kenyon Avenue on the south, be
approved for the following reasons:
1. The development of the Cinderella City complex has encouraged a
"commercial" atmosphere in the areas adjacent, which satellite develop-
ments create further changes in areas adjacent to their boundaries.
2. The single family zoning in this particular sitllation is an "enclave"
and the granting of the requested R-3-B Zone District will be an extension
of the R-3-B zoning from the east.
3. West Kenyon Avenue is an arterial street, and will provide a logical
boundary between the single family developments to the south and the
heavier density residential and commercial developments north of Kenyon
Avenue.
4. No resident of the subject area to be rezoned spoke in opposition to
the requested rezoning at the public hearing.
5. Petitions received indicated one signature by a resident within the
subject~ to be rezoned in opposition.
The staff report and recommendations of the Planning Department staff
are to be forwarded to Council for their information as part of this
recommendation.
AYES:
NAYS:
Senti ; Patrick; Mosbarger; Lone ; Henning; Carlson
Walsh ; Lentsch
The motion carried.
Respectfully submitted,
By Order of the City Planning and
Zoning Comm.1ss .10n
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION
OF THE CITY PLANNING AND ZONING COMMISSION
DATE : January 5, 1971
S UBJE CT : Vacation of Broadway /Acoma alley between Hampden Avenue and
L i t t le Dry Creek.
RECOMMENDATION :
Lone moved:
Walsh seconded: The Planni ng Commission r ecommend to Ci ty Council that
at s uch time as details for utility easements, pedestri an
walkway access to t he park land to the south of Dr y Creek, approval of
the parking lot layout and landscaping plan can be accomplished, that
the alley between Broadway/Ac oma and Hampden/Dry Creek be vacated.
The motion c arried unanimously.
Respectfully submitted,
By Order of the City Planning and
Zoning Commission
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MEMORANDUM
OFFICIAL:
CITY COUNC IL DOCUMENT.
RCT •JnN TO
JAN l l3 '71
C OUN C I:.. : ..••.•. ,c; FI L E
CITY O F CN L E vOOD, C OLO.
CI TY COUN CIL , CI TY OF ENGLEWOOD, CO LORADO
FROM : BERNARD V. BERARD I NI, CITY ATTORNEY
DATE : JA NUARY 15 , 1971
SUBJECT: ACTIVE LITIGATION TO DA TE.
Th e f ollowing brie fl y summar izes th abov , c a s es and
g ives t he stand i ngs as o f thi s date:
1. ATCHISON VS. CITY OF ENGLEWOOD AND MAR TIN -MARIE TTA
CORPORATION, Jefferson Coun t y, Civi l Action No . 3491 5,
Di vision l.
Cas e originally filed to enfo r ce the Atchisons' a l l geJ
right to repurchase land tha t was sold to Mar tin -
Marietta. The Atchisons have lost in the Di s trict
Court and are proceeding in a n appe al to the State
Supreme Court.
2. BEVIER VS. THE CITY OF ENGLEWOOD , Supreme Cou r t of th
State of Colorado, Case No. 229 33 .
Th i s was a case of condemnati on for park pu rposes
in 1967. Court awarded Beviers $6500 . Mr Bevier
was extremely disappointed and has appealed .
Supreme Court heard oral argument on Januar y 8, 1971
and we are awaiting writte n d4wmi ss a l..e::.~v.-.~.
3. BOARD OF COUNTY COMMISSIONERS, ARAP AHOE COUNTY, COLO -
RADO VS. BRANNAN SAND AND GRAVE L CO ., ET AL . VS . CITY
OF SHERIDAN, COLORADO , Civil Ac tion No. 21653, Divis on
A, Arapahoe County District Co ur t.
Th e City of Englewood has a stipulati on which will
pre s e rve the City's e aseme nt f o r wate r and sewe r lines
4. HENRY W. COKAYNE, JR ., VS. THE BOARD OF TR USTEES Of
THE POLICEMEN'S PENSION FUND OF THE CITY OF ENGLE -
WOOD, ET AL .Di s trict Co ur t, Ar a pahoe Coun t y .
Suit instituted in Dist r ict Court . Arapaho Counrv o n
January 13, 197 1 , r e qu s t i n g r etun1 of con tr ibutio n s
by all p olice off i ce r s th a t have c o nt r ibu t ed to th
pens i on f und but are no longe r empl o yed by th City.
This office is r esear c hin g law pr parato r y to fi I ing
pleadings .
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5. EDNA DU GAN VS. THE CITY OF ENGLE WOOD, ET AL.
Dis trict Court, Arapahoe County, Civil Action No.
28545, Division A.
An action to declare the "Wee d Ordinance" unconsti-
tutional . Matter of Motion to Set for trial will
be heard on January 21, 1971.
6. W. G. FIELDS ET AL., VE. CITY OF ENGLEWOOD, ET AL.
District Court, Arapahoe County, Civil Action No.
2 7894, Divi sion B.
An action to qu iet title and damages on some property
located in Cinde r ella City. City is concerned with
r efe r ence to utilities and vacated alleys and streets.
Trial date is March 25, 1971 .
7. LEO LENTSCH VS. DEPA RTME NT OF HIGHWAYS, ET AL.
District Court, Arapahoe County, Civil Action No.
21 255.
This is an action to enjoin abolishment of left hand
turn at State Highway 285 and South Bannock. Case
is one that has be e n in Court since November of
1 96 4. Tri al date is April 22, 1971 .
8 . CITY OF ENGLEWOOD VS. MADISON M. LYON , dba MADISON
LYON PORTABLE WELDING, ET AL. District Court,
Arapahoe Cou nty, Civil Action No. 27740, Division D.
An action by the City to e njoin the defendant from
maintaining a welding and o rnamental iron works
and to permanently abate nuisance. Case is at issue
and is set for trial on February 12, 1971 .
9 . CITY OF ENGLE WOOD VS . JOHN W. REFFEL ET AL.
Di strict Court, Arapahoe County, Civil Action No.
24113 , Division A.
Thi s is a case of taking r eal property for street
purp oses. Case has been decide d b y the State Sup-
r eme Court and sent back fo r new trial to District
Court on question of damages. Matter is pending.
10. REES, ET AL. VS . CITY OF ENGLEWOOD, ET AL.
District Court, Arap ahoe County, Civil Action No.
27970, Division B.
This is an action to d clar Ordinance No . 36,
Series of 1969 invalid. Case is set fo r trial on
March 18, 197 1. This also involves left turn at
State Highway 285 and South Bannock.
11. CITY OF ENGLEWOOD VS . KINGSLEY, District Court,
Arapah oe County , Civil Action No. 26586 .
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This case i s th e p rfecting of an appeal to the
State Suprem Co urt for Order and Judgment for
$8600 for c l earing premises.
12. SERVICE OlL CO. VS. STANLEY RHODUS, ET AL.
District Court , Arapahoe County, Civil Action
No. 28100, Divis ion A.
An acti on by pe ti tioners to ov rrule Board of
Adjustmen t and Appeals giving them the right to
reinstate a service station at 195 West Hampden.
Matter presently in litigation.
13. NORMAN E. SAMPLE ET AL. VS. CITY OF ENGLEWOOD,
District Court, Arapahoe County, Civil Action
No. 28585, Division D.
Matte r was dismissed on January 8, 1971.
14 . NORMAN E. SAMPLE, ET AL. VS. THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD ET AL. District Court,
Arapahoe County, Civil Action No. 28681, Divi -
sion 1.
This is a review on the Santa Fe-Union Annexation
proceedings.Complaint and Petition for Certiorari
filed by plaintiffs and answered by defendants.
Motions are presently being argued.
15. CITY OF SHERIDAN VS. CITY OF ENGLEWOOD Arapahoe
County District Co urt, Civil Action No. 28584,
Division D.
This case is the City 1 s Petition for Annexation
of disputed ar a known as Santa Fe-Union Annex-
ation. Ar gum nt on motions pe nding.
16. USA VS. CITY OF ENGLEWOOD, ATCHISON ET AL. U. S.
District Court for Distri t of Colorado. Action
No. C-2388.
Condemnation proceedings attempting to effect
settlement of land value bas e d on testimony and
previous condemnation action taken in Fall of
1970. Pretrial sche dule for January 15, 1971.
17 . KLZ APPEAL -r ezoni ng o f th e KLZ s ite . Matter
is up for o ra l argumen t in th SLate Supreme
Court. John Crlswt 11 is handling this case.
Respectful ly submiLt d,
~---~(~ /
BERNARD V. BERARDI NI
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TO: Mayor Schwab and memb ers of City Council
via Stanley H. Djal, City Manager
~'r om : C1 ty Plann i ng & Zoning Commission
or F'IC IAL
C 'iC'"Il. oCUMENT C TY ,, >
~;:ll "l l
I , f-ILE
C~L l.; C.__ ., ~o'J. C:OLO.
CITY Ot-·
Date: January 11, 1971
Subject: Zoning Case #26-70: Collier, Anderson, Wright, Smedley and
Turre, applicants.
The City Planning and Zoning Commission, at its meeting January 5, 1971,
voted 6-2 (o ne member absent) to recommend approval of the Collier, et al
request f or rezon1ng f rom the R-1-C (Single-family) District to the R-3-B
(Multi-Family) District for the following reasons:
1. Th e dev lopment of t h e Cindere lla City complex has e ncouraged a
"comm rcial" atmosphere i n the a reas adjacent, which satellite
development reate further changes in areas adjacent to their
boundaries.
2. The s1ngl fami l y zoning in th1s particular situation is an "enclave"
and the gr ant ing ot the requ ested R-3-B Zone District will be an ex"tension
o f the R-3-B zoni n g from the e a st .
3 . We st Ke nyon Avenue 1s an arterial street, and will provide a logical
boundary b etwee n the s1 ngle family developments to the south and the t
heavi e r densizy r·esident1al and commercial developments north of Kenyon
Av e nu e.
4. No res1dent of lh subject area to be rezoned spoke in opposition to
the reque ted rezoning at the public hearing.
5. Petitions received ind1cated one signature by a resident witbin the
subject ~to be rezoned in opposition.
RC'PeC~
~ L. SUPINGER
Plann1ng Director
for
•
C1ly Planning Zoning Comm1ssi on
nc: Staff Re p ort
~11nutes of December 8, 1970
Minutes of January 5, 1971 (Una pprove d )
Petit1ons
cc: Appli ant
Mr. Tom Etlel
Mr . Edmond Glasier
C1ty Manag r
Ci ty Attorn y
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Sta f f Report
Page -1-
Collier, Wr1ght, Anderson, Smedley,
and Turre: Case #26-70
DECEMBER 8, 1970
Sta ff Report Re:
Collier, Wright, Anderson, Smedley & Turre Rezoning
Application.
Name of Applicants:
Malcolm E. Collier, Jr.; Wilbur Wright; William Anderson;
Robert Smedley; James E. Turre.
Address of Applicants:
Telephone:
c /o Malcolm E. Collier, Jr.
4301 South Broadway
Englewood, Colorado 80110
789-1873
Names of Property Owners Within Area:
Block 18, Englewood: 3690 South Elati Street
18.45' of Lot 17 and all of Lots
18 and 19.
CONDREAY, Kenr.eth & Leona M.
3686 South Elati Street
Lots 20 and 21
CONDREAY, Kenneth & Leona M.
3680 South Elati Street
Lots 22 and 23
MICKLE, Robert A. & Bernad i ne D.
3640 South Elati Street
Lots 24 thru 26, and the South
2 ft. of 27
TILLOTSON , Rodney E.
3636 South Elati Street
N. 23 ft. of Lot 27 and all of 28.
GARCIA , Ben E. & Lily M.
3620 South Elati Street
Lots 29 and 30
BALLIEW, William H. & Agnes
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Staf f Report
Page -2 -
Block 19, Englewood:
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Collier, Wright, Anderson, Smedley ,
and Turre: Case #26-70
3600 South Elati Street
Lots 31 and 32
BAIRD, Patricia A.
(3550 South Cherokee Street -
mailing address)
361 9 South Elati Street
Lots 1 thru 3
LEFFLER, Gaylord B. & Esther
3621 South Elati Street
Lo ts 4 and 5
SACCA, Joseph W. & Mary L.
3625 South Elati Street
Lots 6 and 7
GOODWIN, William Michael & Grace H.
3645 South Elat i St reet
Lots 8 and 9
O 'LOUGHLIN , Hattie E.
3665 South Elati Street
Lots 10 and 11
MERKLING, Walter M. & Edith L.
3695 South Elati Street
Lots 12 thru 16
SWARTWOOD, Ker.neth E. & Anna J.
547 West Kenyon Avenue
Lots 17 thru 20, except the N. 10 ft .
of 20.
WILLINGHAM, Winford S. & Bet t y L.
3670 South Fox
N. 10 ft. of 20 and all of 21 & 22
FLEET, Rex B. & Carmel a U.
3642 South Fox Street
Lots 23 and 24
STOLT, Th eo J. & Elta L.
3642 South Fox Street
Lot s 25 and 26
STOLT, Theo J . & Elta L.
3624 South Fox Street
Lots 27 and 28
TURRE, JameR 3
(300 E . Hampd n -mailing address)
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Staff Report
Page -3-
Collier, Wr.1ght , Anderson, Smedley,
and Turre: Case #26-70
Block 20 , Englewood:
3610 South Fox Street
Lots 29 and 30
SMEDLEY, Robert W.
(5415 Ridg Trail -mailing address)
3600 South Fox Street
Lots 31 and 32
SMEDLEY, Robert W.
(541 5 Rid ge Trail -mailing address)
3601 South Fox Street
Lots 1 and 2
PERRIN, Mami e Fran ces
3607 South Fox Street
Lots 3 and 4
WILLFORD, Richard L. & Violet Mae
3621 South Fox Street
Lots 5 and 6
KRIEGER, Edna M.
3641 South Fox Street
Lots 7 and 8
PETERSON, Harold E .
3645 South Fox Street
Lots 9 and 10
TURNER, Louis and Lois V.
3675 South Fox Street
Lots 11 and 12
DONALD , Bruce M.
3685 South Fox Street
Lots 13 and 14
ZIMMERMAN, Clarence W. & Dianna
3695 South Fox Street
Lots 15 and 16
BONEBRAKE, Arlene E.
Re lation of Applicants to Requ est:
•
Mr.Turre own s a 50 ft. site at 3625 South Fox Street and Mr.
Smedley owns an adjoining 100 ft. frontage at 3610 and 3600
South Fox Street. Messrs. Anderson, Wright and Col lier have
option contracts for the purchase of this land.
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Staff Report
Page -4-
Collier, Wright, Anderson, Smedley
Turre: Case #26-70
Location of Area Included In the Request:
The area is bounded on the north by West Jefferson Avenue; on
the east by the Delaware/Elati alley; on the south by West Kenyon
Avenue; and on the west by the Fox/Galapago alley,
Legal Description of the Area:
Lots 17 through 32, inclusive, Block 18, Englewood; all of
Block 19, Englewood; and Lots 1 through 16, inclusive, Block
20, Englewood; City of Englewood, County of Arapahoe, State
of Colorado,
Present Zone Classification:
R-1-C (Single-family Residential),
Requested Zone Classification:
Request:
R-3-B (Multi-family Residential),
To rezone the above described area from a single-family zone
classification, R-1-C, to a multi-family zone classification,
R-3-B. Even though the applicants have an interest in only
six lots within the area according to the application which
was filed, they have included the larger area in their appli c a-
tion to avoid "s pot zoning''. See attached application for
further information.
Adjacent Zone Classifications:
North: From South Elati Street east, the area is zoned R-3-B
(Multi-family Residential).
From South Elati Street west, it is zoned 1-1 (Light
Industrial).
East : R-3-B (Multi-family Res idential).
South: R-1-C (Single-family Residential).
West: R-4 (Residential-Professional).
D sc ription of the Subject Area:
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This area, as so many of the older areas within Englewood, is
developed with fairly small, one-story frame single-family homes,
most of them on 50 foot lots. There is an inter-mix of newer
homes with the old, again, typical of the older residential area
in the City.
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Staff Report
Page -5-Collier, Wright, Anderson, Smedley
and Turre: Case #26-70
The average assessment on a single-family residence in the R-1-C
Zone District in Englewood is $2258. Using this as the basis for
determining the value of the houses within the subject area, 15
of the residences have values on the improvements in excess of
this average assessment and 10 have an assessment below the
average. As an example, the east side of South Fox Street,
which would be the block of the most concern within the area,
has the following assessments on the improvements beginning at
the south end of the block and going north:
$ 940. current improvement assessment. $3540. current improvement assessment. $1270. current improvement assessment . $ 700. current improvement assessment. $2760. current improvement assessment.
This illustrates the intermix of old and new, with the three
units considerably below average and the one, $3540, considerably
above the average assessment.
There are only two vacant sites within the subject area. Both
of these have 50 ft. frontage and of themselves would not be of
sufficie nt area to be developed to more than a two-family use
under the proposed zoning. There are two other holdings which
have an existing house located on a larger site in such a way
that a 50 foot lot could be made available for development by
removing a garage. The rest of the properties are developed
within the framework of the zoning ordinance regulations.
Using the minimum 75 f oot frontage of the R-3-B Zone District
for a multi-family use, sev en owners within the area would
have properties of a sufficient size that they could construct
a use other than one or two-family; however, nine existing
dwelling units would hav to be demolished or removed before
this land could be made developable.
It i i nteresting that seven of 27 ownerships in the area have
c hang d hands at least once in the last three years, indicative
of th hange taking place in the area.
D sc ription of the Adjace nt Area :
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The at·ea lnunedia tely to th east of th subject site is zon d
R-3-B and was developed by Rob rt Anderson a little over a year
a go , at which time Mr. Anderson ron tructed 66 apartment units
in five separat buildings.
W s t K nyon Av e nue, designat d a an arterial in the Compr h n 1ve
Str et Plan, is on the outh of th subj c t area. The ar a south
of We s t Kenyon Av nu is zon d R-1-C and is dev loped with ingl -
family hom , many of them lnrg ,, and new r than tho within
th s ubje t ar a.
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Staff Re po rt
Page -6-
Collier, Wright, Anderson, Smedley
and Turre: Case #26-70
Immediately to the west is the R-4 (Residential -Professional)
Zone which is developed with single-family residential uses.
Immediately to the west of these units is a greenhouse located
in the I-1 (Light Industrial) Zone District.
To the north is the Denny Miller Ball Field and the property
which will be the site of the new Fire/Police Building, and to
the northwest there is a bloc k which is zoned I-1 (Light
Industrial), but again, developed pr i mari ly with small, frame,
single-family houses with only one industrial building located
at 3625 South Fox Street.
Ba ckground of Previous Action Relating to the Subject Area:
From 1940 to 1955, the subject a re a was z oned Agri c ultura l .
In 1 955, it was rezoned to the si ngle-f amily classification,
and there has been no further action taken on the zoning withi n
the area inc luded in the application si nce that time.
Relationship to the Comprehensive Plan:
The Ge neralized Land Use Map for 1970, which is incorpor ated
i n the Comprehensive Plan, shows this area in a high-density
residential development.
Planning Department Analys is of the General Area:
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Influenced by the construction and openin g of Cinderella City
and variou atclli te businesses , the subsequent development of
Denny Mill r Ball Field and the plans of th e City to relocate
the Fire /Pol ~ce Building on the Oliner property between Elati
and Fox and Ithaca and Jeffer son, th e c haracter of the area be-
t-wee n U. S. 285 and West Kenyon Av e nue from South Cherokee
Stree t west has hanged co n sidera bly since the adoption of the
1963 Com pr hensive Zoning Ordinance .
Ther has been no major c onstructio n a ctivity in t he s ubject
area for om time; however, be au se of the proximity to the
r cntly dev loped sh oppin g -service c omplex adjacent to Hampden,
the land North of Ke nyon has be c om a prime area for c on si dera-
tion fo r high r density r si d ntial devel opment. At the time
this area was last considered fo•· zoning in 1963, it was in-
Jluenced p r~mari ly by the se v eral gree nhouses constructed to
to the no rt h and w st . Now the gr e nhouses themselves are tar-
gets for sp ·ulation b y th devPlopei'S f or they represent fairly
large holdings of land und er on own rship, and hous e a u se that
do s not ne ss a rily have to b in s u h a p rime location. Any
ch ange i n this land will, of oursc, have a further effect on
th s ubj ct ar a, and the c hange will bP away from the industrial
nat-ure that had been anticipat d 1n 1963, and toward the h igh-
density r sid nt1al-offJce or s rvice-typc use.
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Staff Report
Page -7-
Collier, Wright, Anderson, Smedley
and Turre: Case #26-70
As was stated previously, there are only two vacant sites, both
with 50 foot frontage, within the subject area; neither of which
would have the minimum 75 foot frontage or 9,000 square feet of
lot area required for a multi-family use under the requested
classification. Any benefits then, from the rezoning to a
higher density , will have to be as a result of the clearance of
land and the ultimate assemblage o f properties .
Recommendation from the Planning Department:
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It is re comm en ded that the request of Malcolm E. Collier , Jr.,
Wilbur Wrig ht, Will:~.am Anderson, Robert Smedley, and James E.
Turre for rezoning from R-1-C (Single-family Res idential ) to
R-3-B (Multi-family Residential) be recommended for approval
for the following reasons:
1. The character of the area north of West Kenyon Avenue ha s
changed as a result of the following:
a. The c onstruction of the Cinderella C:~.ty shopping complex . t
b. The lease-purchase arrang e ment of tho C:~.ty of Englewood
and the Oliners to remove the greenhouse between West
J fi rson Avenue and West Ithica Avenue and South Elat:L
Stro t and South Fox Street, and to c onstruct crta:L n
muni ci pal facilities .
c . The dev lopment of the Denny Miller Ball Field.
d . Th development of retail, service and financial
in titutions in the proximity of the Cinderella City
shopp1ng c omplex.
e. Th constructi on of a large apartment complex in the
3600 block of South Delaware Street.
f . West Kenyon Avenue, whi c h borders the subj ct area on
th south was designated as an arterial street in the
Compr hensive Plan of th Cit , which Plan was adopted
111 1969, a nd has increased in volume with th incr ased
omm rcial development to the north, th e new industrial
uses to the southwest, and the reloration of the nJted
States Post Office to th 3700 Block of outh Inca Str et.
2. The r que ted zo ne classification is an ext ns1on of th
existing R-3-B Zone to th e a st and would be comp atible with
the R-4 zone to the w st and the existing and proj cted
zoni ng to the north. West K nyon Avenue would provide a
division b tween thi s area and the si n gle-f am ily r sidential
area to the south.
3. The proposed zone classificat:~.on rontorms to that propos d
in the Compr h n~iv Plan.
4. Th exislln~ u&cs woul d not bP I' nd r d non-conformin g by
th I ' zon1n~:, but could pro ide an iu t <>r mJx of so<:io-con mH'
gr·oups winch 1 m ·o urag d by m nv . oc:~.ologi, t •
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Staff Report
Page -8-
5.
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Collier, Wright, Anderson, Smedley
and Turre: Case #26-70
The proximity to the shopping complex and municipal and
financial institutions makes the area attractive for
employees seeking apartment living within walking distance
of their work and to persons who want the convenience of
residing adjacent to shopping, service and entertainment
facilities.
The acces s to the area from West Kenyon Avenue off of South
Santa Fe Drive and South Broadway, South Logan Street and
from U. S. 285 makes it a logical area for high-density
d e velopment .
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APPLICATION FOR RIZONIMG
city or laciewooa, colorado
Date: __ ~o~c~t•a~hue~r~2~7~,~1~9~7~0-------------
APPLICANT:Malcolm E. Collier, Jr., Wilbur (For City U•e Only)
,. .
Name: Wright, william Andenon. Robert (BeariDI Nuaber~'=""=~)
Smedley, James E. Turre Stateaent of prior contact
Addreaa:cto M4lcglm E. cgllier. Jr . with City PlanniDI Depart-
4301 s. Broadway, Englewood, Colorado 80l~nt: Telephone: 789-],873
Relation to reque•t: __________________________ ___
01flfBR: Robert Smedley, James E. Turre
Naae: (under gptiQD mptract--Malcolm E. Collier, Jr., Wilbur WriCJht,
William Anderson)
Addre••:sto MalcoLB E. cgllier. Jr ••
4301 s. Broadway, Englewood, Colorado 80110
Telephone: 789-1173 -----------------
lubaitted herewith i• a depo•it of too.oo tor tbe tir•t 10 acre• or
any portion tbereot, plu• ti.OO tor each additional I acr .. or any
portion thereof, as deterained by tbe PlADDiDI and loniDI Ca.ai88ion.
It i• under•tood that tb18 depoeit i• aeo ... ary to defray the ad-
aini•trative coat• entailed bJ tb18 requ .. t aDd, therefore, will aot
be returned, aad that additloaal t ... MJ M required to cqyer. tbe
coat• of adverti•iDI, If nec .. •ary. Tbe u8der•1aned certlfie• that
be b .. received and read a •tat .... t of current City policl~ ~d
~~:~~c~:·.v· • ;;, u.~ -----~~~~~!~-~----~-!~!-~--~~----------~ DIICJliPTIGI CW PDCIL '1'0 81 ,_.,: All property within the
following boundaries: Bounded on the South by Kenyon AvenueJ on the
But by the alley between South Delevare Street and South Elati
Street: on the North by Jefferson Avenue and on the West by the alley
located between South Galapago Street and South Pox Street.
tldlt DECIIP'fltM' tit PDtit iV D *-61:
Lota 17 throQCJh 32, incl•ive, Block 18, Ft ~GLEWOOD; all of Block 19,
BHGLEWOODJ and Lot• 1 through 16, inclusive, Block 20, ENGLEWOOD,
all said property beiD9 within the City of Englewood, County of
Arapahoe, and State of Colorado.
---------------------~-----------------------------~---------------~ P.UBDT ZOMIMG: R-1-c UQUIITID ZOIIIE:_...;;Ro..-""3--'B~:-__ _
--------------------------------------------------------------------IIUIC*I fCil BIIQIJIIftD CIIDGI:
See Appendix A attached hereto and by specific re'erence incorporated
herein •
(Attach additional 8beet if nece••&rJ)
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APPE NDIX />. TO APPLICATI ON FO R Rr:z o:n~~;t ;
By way of initial information, Robert Smedley and James E.
"l urre are, collectively, the owners of Lots 27 throuah 32,
inclusive , Block 19, ENGLEWOO U , Countv of Arapahoe, Colorado,
and ~\alcolm c . Collier, Jr., ";olilbur l'lriah t, and William Anderson
are e1e holders of option contracts for the ourchase of said
properties. It is presently anticioated that t h e sale of said
properties will close by the middle part of J anuary, 1971, at
which time Messrs . Collier, ·wriqht, and AndP.rson will be the
owners of said properties as tenants in common. Ho1.rever, both
James E. Turre and Robert Smedley join in the subject aoolica-
tion for rezoning.
To avo1d any possible misunderstanding, it should be
mentioned at th{s point that the said six lots are the only
properties owned, or at this time under ootion, by the within
applicants and owners. The reason this request for rezonina
encompasses the additional described oropertv is due to the
firm belief of applicants that rezonina only the propertv
herein described as being owned or under contract by t h em
would violate sound zoning orincioles, would be detrimental
rather than beneficial to the neighborhood an d the conununity,
would result in a practical and financial ina h ilit~ to develop
their land because of the residue of the oronertv remaininn in
an R-1-C zone classification, and in qeneral, "1ould be tanta-
mount to "spot-zoninq." As a lUtter of further information,
however, petitions siqned by various 01mers of other real
properties within the area proposed for rezoninq, requestinq
that the subject property be rezoned and statinq that, insofar
as possible, said petitioners join in the application for
rezoning, will be presented to the Planninq Commission and the
City Counci 1.
It is respectfully submitted that the lanninn criteria
and rezoninq requirements set forth in t h e z0nincr ordinance
of the City of Enqlewood will be full v met and ~atisf i ed bv
the granting of the req uested ~hanqe in zonina o~ the subject
property from an ~-1-C zone district classif i cation to an R-3-B
zone district classification. First, it should be noted that
the subject property is bounded on the ra ~t by land zoned R-3-B,
on the North by land zoned R-3-B, and J-1, and on the West b y
land zoned R-4. On the South, the subject property i~ bounded
by Kenyon Ave., which is a through street from Bannocr. Street
on the East to Santa Fe Drive on t h e Nest. u ue to the character-
istics of Kenyon Ave. as a through street desiqned to carry and
carryinq more traffic than the other r.ast-West streets in the
vicinity of the subject property, the subiect oronerty is to a
certain extent isolated in character from ot ~er P -1-C zoned
property to t h e South of the subject prooertv. In essenee, then, I 0
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the sub j e ct n roDerty is somewhat of a zon inq enclave, isolated
from existing compat i ble zone districts. ~s such there has
b een little , if any, land developm0nt activity on the subject
oroperty i n recent y ears. '1any of the exi s tinq sinqle-family
land uses ~n the area have deteriorated anore ciably; it is
surmised that such deterioration is due, for the most part, to
the extensiv e change in character of the entire neighborhood
and this qeneral vicinity o'f Englewood. First, there exists
an apparent change because of the development of the Cinderella
City Shoopinq complex only .two blocks north of the subject
property. This development, when combined with its extensive
satellite commercial and multi-family resi d ential development,
has had many effects and a tremendous impac t uoon the subject
property, some of which are as follows:
(a) Increase in traffic circulation throuqhout
and in the immediate vicinity of the subject prooerty:
(b) Rezoning and development of land immediately
to the East of the subject propertv for multi-family
uses:
(c) Resulting change in character of subject area
from that of quiet older single-family residential area
to that of high-density commercial-residential activity:
and
(d) Resulting change in mental attitudes of inhabi-
tants from that of desire to retain clean, quiet, safe,
and orderly character of single-family residential
neiqhborhood to that of reconciliation to fact of existinq
and future change and development, and consequent lack of
inter•st in many residents in maintenance and modernization
of existing single-family dwellinqs.
The subject property is one of the older neighborhoods in
Englewood. Many of the structures appear to be beyond .repair
or modernization, and demolition or removal appears to be the
only answer. Moreover, finan¢inq to construct new sinole-
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family residences or to renovate or remodel existinq sinolc-
family structures, in view of the existing and ever-increasing
multi-family residential and commercial activity in the area,
would be difficult, if not impossi b l e , to obtain. Consequently,
it is believed that, unless the subject nroperty is rezoned, the
structures thereon will continue to deteriorate and the neiqhbor-
hood will become increasingly "run-down" in c-haracter.
It is
requested,
fication.
demand for
believed that the subject orooerty, as herein
should be rezoned to an r -J-B zonP district clas si-
First, it is submitted t h<'rE' i ~ i\n 'ever-incrf"asi no
multi-family dwellings in t hi s are a. This demand
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h~s bee n created , for t h e mos t part , ~v t he Act vent of the
Cinderella Ci t y Shono ing Center com . lex t n 1 e nort of and
·,.•it:•i n easy ac ess of t he subject < ro ,-,c rt The more t h an 250
b usinesses located withi n e 1e cent P r ha v e b r ouqht i nto t he area
many h undrt>j;; of em p loyees seeking livin'l il commodations within
c los e proximitv to t he ir olace of r>mp lo v ., n t . dditinnally ,
many n ew b usin c~c,ses and commercia l .,_.j ldinrr ~ have bee n estab -
lished a nd constructed on the frin ~ a r eas of t h e shonping
center, as wel l as in the older co r P. h u si n ess dis tr ict of
do "ntown Cn ql e •,;ood. Here again, t he re io; r ocoqnizerl an influx
o f peop l e seeking living accommodati o n s witht n clo se p rox i mity
of t h e i r pla ce s of em p loyment.
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However, it is not only t he reouireme nt s of a dditional
emnloyee s in the. area which has crea ted the rle ma n cl for multi-
family re si<\ential zoning and develo p ment. ':'he general trend
in today 's living has demonstrated a desire on the oart of
pe ople in all walks of life, in all age clas si fications and in
all types of family or domestic units to rid t hemselves of th e
time-consuming responsibilities attendant to t he oHnership of
single-family residences, and to move into livina q uarters
where many of such responsibilities can and are passed on to
central management. The reasons for such trend are undoubtedly
manyfold, but probably the basic reason is that we are living ()
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in a "time-conscious" age, an age that places tremendous respon-
sibilities on the individual in his employment and the rearing
of his family, an age in which individuals wish to utilize their
unco111nitted time to i "ts fullest extent in leisure activities,
and, perhaps unfortunately, an age in which it is easier for
one to pay to have something done than to dO it himself. We
are further living in a time when the cost of new construction
of a single~family dwelling is nearly prohibitive to the middle
income family. Thus we have seen the advent of extensive
mobile-home development, apartment house develooment, condominium
development, and cluster home development. AP.cause of this
trend, it is submitted there is a ready mar~et for ootential
occupants of multi-family dwellinqs not only in t he subject
area, but also in many o f the areas of Fnglewood.
It is further submitted that the subject o ropertv can,
should, and will be developed for multi-family structures under
the R-3-B zone district classification, if qranted. Perhaos
one of the most important factors to be cons 1der erl in the
determination of multi-family residential zoning is t he
accessibility, with safety, of the property ·mder consideration
to other areas of the community, or in this case, the metropoli-
tan area. In the present case, we find the sub jP.ct property
withi n s hort walking distance from the Ci n de r e lla Ci ty Shoppinq
complex: we find the subject property bound~d on the South by
West Kenyon Ave. , a through street from South Bannock S treet
West to Santa Fe Drive: we fi nd the ~ubject property withi n two
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b lock s of Hi<;hw a y 285 which p rovi des hi q h-soe e d convenient access
t o m~n y po r tio n s o f t he m c tropol it ~n o r e a. The access routes are
n ow in ex i s t e nce, es s e nt i ally avo id q ui e t r Pside ntial areas,
and wo ul d P r ov~de t h e n e cessa ry a ccess t o t h e su b j ect p roperty,
tf deve l oned f or R-3-B r e sidential use s.
r r o m a f ire hazard consideration and a s af e t y consid eration,
t t n e ed onl y oe pointed out that a new fir e station for the
Ctty of Ln g l e wood is p lanned for construction in the immediate
neiqhbor h ood of the subject ~roperty. Swedish "''.edical Center,
toqe t h er wit h several other medical centers, are within a
t h r e e to four minute drive from the sub ject P roperty, and the
l.n q lewood Police Department is located nearl'y . Na ter, sewer,
and utilities are readily available for devc looment of the
subject pro p erty for R-3-B residential purpos es. Denny Miller
Park is imme d iately available to potential in!1 abitants of
apartment dwellings. In general, the subj e ct prooertv is
ideally located for multi-family residential develooment and
such development, it is submitted, would be in keepingw!.th
s ound, basic zoning principles and practice.
Will t h e subject property, if rezoned, be developed for
R-3-B multi-family residential structures? Tt is submitted
that such development will in fact take placP , and within the
immediate future. 1\pplicants herein h ave in nroces!'l t h e plans
for construction of a 31 unit apartment d w ~llinq on the orooerty
hereinabove dP.scribed as being under contract by them. F.leva-
tions and plot plans will be presented prior to puhlic hearinq
on the requested rezoning. It is believed that merely the
construction of one such complex in t h is area will o~en t h e
wa y for additional an~ more extensive apartme nt conqtruction on
t h e subject ;>roperty, as such construction '"ill initiate a
tre nd to t h e entire redevelopment o f this are a. Within the past
several years, Fnglewood has experienced th e !"arly development
o f n e wly zoned R-3-B zone districts. For exaMo l e , a!'l Pointe d
o ut i n F ngl e wood's Land :J se S~udy, at p a qc r,~: "T h e R-3 -9 zo n e
is e x o and i n o more tnantfi'e""ot er zones in t 'H' City, havino
in c r e~sed by approximately 35 acres in t he ~a s t y ear. About 2 5
of these a c re s were immediate! out into multi-famil residential
u se . emp as1s supp 1e T ere Ls no reftson to e Leve t at
s uch trend would not be followed on the sub j ect property. In
fact, it i s thought that a major portion of tl1e land now
supporting older, dilapidated structures, could economically be
utilized for R-3-B residential purr>o!'l es wi t hi n t h e immediate
f uture.
Conclusion
The requested rezoninq fits ~~ell with i r tpc oro j ected zon i nq
o f t h e C ity of Englewood a s set fort h in i t s Master Plan, and
fully complies with the recommendat io n s and ~tatement of intentions
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contained in Englewood 's comprehens i ve Land ~se Stud~. In fact,
t h e subject property i s s h own on t h e Master n1an as eing zoned
and developed for high-density resi d ential usaqe by 1990. It
is submitteu t h at implementation of the Master Plan be initiated
no\v to imped e further deterioration of the subject oronerty and
the neighbor iJOod, and to make available for rlevelooment land
which may now be economically developed for Multi-familv
residential purposes.
Because of the foregoing, it is respectfully requested that
the herein requested change in zoning be recommended favorably
by the Planning and Zoning Commission and b~ qranted by the
City Council of the City of Englewood.
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IIETITION
We, t he undersigned, being the owners of the real property
set forth o p posite our respective names, d o hereby petition the
City Counc i l of the City of Englewood, Colorado, to qrant the
application of Malcolm E. Collier, Jr., Wilbur Wright, Jr.,
James E. Turre, William Anderaon, and Robert Smedley, for the
change of zoning of the following described property from an
R-1-C (Single-fa.ily) zone district classification to an
R-3-B ~ultiple-family) zone district classification:
A. Lots 17 through 32, inclusive, Block 18, ENGLEWOOD,
County of Arapahoe, State of Colorado.
B. All of Block 19, ENGLEWOOD, County of Arapahoe,
State of Colorado.
C. Lots 1 ~rough 16, inclusive, Block 20, ENGLEWOOD,
County of Arapahoe, State of Colorado.
Aa the basi• for thia Petition, the undersigned would state
and repreeent unto the Planning .Commission of the City of Engle-
wood and the City Council of the City of Englewood, that the
requeated change of zone claaaification, if granted, would
enhance, benefit, and aerve the public necessity, convenience,
bealth, aafety, morala, and general welfare and would be in
U.,ing with 9004 aoning practioea. In particular, and ..,1\9
other thinga, it ia beli.v.d that the granting of aaid chanqe
in aoning would pra.ote the badly needed redevelopment of the
aabject property, vbich redevel~nt for single-family uaea
now appear• ·anlikely and financially illlpOssible due to change
in oonditiona and recent ~rcial and multi-family development
on aarrounding, abutting, and adjacent propertiea: would
eltainate exiating potential health and ~ire hazards created by
lack of maintenance of aany existing aingle-faaily dwel.lings
and other atructures within the area: would eliminate exiating
GD8ightly land uaea, thereby efthancing general property value•
not only of the aUbject property, but also other propertiea in
t:be awighborhoodJ would plaoe the aubject property in auch zone
diatrict claaaifioation aa would pra.ote its developaent for
ita higheat .and beat uaeJ and, would aerve the ever-inoreuing
public need and deaend for~additional aultiple-faaily develop-
_.t in thia area of the City of Englewood. Because of the
foregoing, and insofar aa poaaible, the underatgned join in
tbe afor .. aid application and requeat that they be conaidered
u additional applicant• to the aaid request for rezoning.
"/ ~B:w..:~/~m~Jk.c.-.J'---l.\Jt-!::&:z=:•:::...y_' ______ _:;; '7 -~-· .._;t..._Q"'"'")(''------
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Petition -Page 2
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STATE OF COWDDO
•••
, of lawful aqe, upon oath beinq-.~r.~-..~~~~~~~~~an~~depoaea that he personally
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circulated the within and eqoinq Petition a.onq those persona
appeari.Dq on ~ tu rolla of the Treasurer of Arapahoe County,
COlorado, as the owners of the real property hereinabove
4eaoribe4r that, exoept u -Y be hereinafter set forth, all
a~tures appearing on the said Petition were ~rsonally
affixed ~reto in his presence by persona rel)re•entinq ~-
.. l .. s to be tbe owners .of ~properties set forth opposite
their respecU .. n-sr IID4 that he is of the inforaation and
belief, aa4 baaed upon sacb inforaation and belief, would •o
state, that the p_ersons whoM si~natures appear' on the said
Petition are the respecti .. owners of such properties and are
the persons who signed the •-.
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circulator ~·~bed and sworn to before -this e 4 day of
My _,_:.::•:xj>ino• /...( f /17/
~yt:;(#
(I"AL)
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PETI'I'XOM .
Wo, the aaderd~, bet..q the awnen of ~he real ,...., ..
Ht forth oppoeite oar roopecrtin ~•. do llorebf ped~ .._
City Couaoll of tho Cl~ of ... l.ewoo4, Colorado, to ~ -
~lioatioa of llaloola a. Oolliu, Jr., Wilbur Wrl9bt, h.,
.,_. B. 'f'U'n, wuu. Aator••· ...s Robert lllocltey, r.. die
Clhan9• of .-! .. of the follow1D9 doecn:lbod property baa-
~-1-c (11D91e-ha11y) .-cllo~lot olaooifiMtioe a. -
a-l-a (Mul~iplo-f.aily) .... .S.tr1~ oloooifloatioaa
. A. 'LIKe 17 ~b 12, U.laoin, alock 11, ~.
CO..ty of Ar..,.aaoe, ltatlo of Color ....
&. &11 of' &loc* lt, --...ooo, Couty of Arapahoe,
IUh of Celoreclo.
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Petition -Page 2
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ftA'I'II: or OOLOMDO )
) aa.
COUIIft OP ~~E) ~.., I I 1 . . ,/ '/-:-
/ /~ _(-..,__ /. / · , of lawful aqe, upon oeth .1 ... flfir&ir ;;;&a, • ua depoaea that he penonallr
ahoula~ tM wtU.la ... for-.olnq Petition uonq thoee per80M
...,eu1Dt • tM t:-. rolla of t:be 'l'reaaver of Arapah• c ... _,
00~ .... u t:be ~a of t:be real property hereinabaiN
.. eorlbellr tbat, --.t u _, be hereinafter eat fort:b, all
a~tvee ..,._.hill oa ~ aa14 Petition wen penoaally
aftlxed tbecete 1la Ilia pnaenoe by penoa• repre•entiDt ~.._.,
.. 1 ... to • tM .... a ef \be prdpertiea ••t forth appoeite
tlaelr n..,..Uft ._., _. t:bat he h of the inforaatloa ANI
•U•f, ... baaed -.aa •1Mb infoftllation and be~ief, voul4 •o
a-.te, that ~ ~aoaa ~ ai9naturea appear on the aald
Petition aze U.e napectift OWRers of •uch propertie• aDd are
the per•-.-o al ... d tbe
~·~becl _. • ..,rn
~ ... - , lt7t •
Jly __.laaloa eJKpina•
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. ... ~...--·----~.oJL .. -4•$-s •
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Pfti'fiON
.. , the \lftdereiq~, beiD9 the owner a, or ocoapanu, or
both, of tl.e real p roperty eet forth Of'I"IO•iq oar reepectiYe
..... , do haraby petition the City ~ouncil of the City of
Enqlevood, c olorado, to 9rant the application of ualoo~ E.
Collier, Jr., Wilbur Wriqht, Jr., Jamee E . Turre, Willi ..
~nderson, and Pobort s.edlay, for the chanqa of aoniD9 of tha
following deacribed property f~ an R-1-C (Sinqle-f .. ily)
aona c!latrlct cla .. ificatlon to an R-]-1 (Nwltlpla-f..tly)
aone diatrict claaalflcationa•
A. Lota 17 throu9b J2, i.alaa1Ya, llock 18, ENGLEWOOD,
County of ~rapL~oe. !tate of COlorado.
a. ~11 of Block 19, ntQLE~m. County of ~rapahoe,
At.at.e of Colorado.
c. ~ 1 ~ough 1,, iaola.iYe, llock 20, EMOLr.wooD,
Coanty of Arapaoe, ltate of ("olorado.
Aa t:b8 baaia for thla Pe~lt:ion, tha uDCiaraiqned would atate
_. cepna-t ato the Plua1D9 C~haioo of tJ-.e City of 1 .. 1•-...a aad tile City eo.ou of the Clty of 1':1191~. that the ....-•teeS ClllAD98 of aoae GlaaaificaUon, if qranted, ..-ld
..._oe, beMflt1 and aalrft tha public neeeaalty 1 oon .. aienee,
beal_.., aafa"y 1 .ocala, alld .. neral v.llare aDd would be in
......... with 9ood .oniDIJ •caot.loea. In partic:nalar, and ..01111 au... thl .. a, it h bell .... ~t the qcant1119 of aaU chaft9e
ia ._ .... woald pro.ot:a tba ba41y n .. ded red .. al~Dt of ~·
... ,_. pa'OIIU'ty, wbiCib nda .. lo..-nt f• d ... la-faaUy uaa
... .,,aara unlikely and finaaoially ~aalbla due to chaaqe
la _.,"-aad ~t .,_rcial and IIUlti-f•Uy tevel.,.._t
• aurro•dl .. , aba~tiftf, ad a4'aoent prope&"tlaa' _.ld
eu.l .. u exiatl .. tetaatlal bealth and fl.n haaarda created by
~ of .aiat ... eoa of ... , .. iatinq et .. le-fa.!ly dwelllnqa
_. otM&' ·~ wltbln tba anar wo1111'! allainate extau,..
.,.l9htly ~ ..... tha~by eahanotnq teneral property ••lue•
~ oaly of Ual8 ... ,~ pcoparty, but alao other pcoperUea ln
tM •19bbon u•r wo.ald plaoe tha •11bj8ft proper~ h e11Cb aoaa
tiaVlct alMalfloa~l .. u ...ald p~te 1 u deftlopeent for
1M h19beat ... beat .... , ancl, woal4 aelrft the ... r-1.acraaal1111
-llc __. ... 'I ., f• aMJ.tloul •lti•l•-faaily deftlop-
-~ la thla ana of tba Clq of P!DCJlewood. a.oaue of tba
._._.. .... , ed laeefu aa peealble 1 tbe UDde1ra1411*1 'olD la
U. af....-. ...U•t.l• aad raq••t ~at they be _.leland
• adtit.l .. l ... u-u to ua. •4Ud ncr-at for naoDlllll •
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~etition -P a g e 2
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nAn or coiMADO , ••
counr ar UUAIK>a) •
) ' /~ '~/«fi • . / /-,.~¢<& ~,_. , of l.wful aqa, upoD oath lle1...~• •fii •--•· •t.a• iftC! de po• .. that he penonally •1~.-la-.. the wltbln aa4 fo~olaq Petition ..on• thooe per•on•
lla-.4 ~oon' that except .. aay be ~~re ln•ftar ••t forth, all
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Pe~i~ion -Pa~e l
ai9naturee appearing on the aaid Petition were peraoaally
affixed thereto in nia pnauoe by peraona repreaent1~~~;r ~ ....
aelvea to be the ownera, or reaidents, or both, of the
propertie• .. t forth oppoeite their reapective n .... , and ~at he ie of tha infoi"!Ution and belief, and tased upon auch
laforaatioa and belief, woal4 ao state, that the peraoae whoa•
ai9aaturaa appear on the eaid Petition are the reepeotlve
OIWfter• or real .. ata, or boUl, of euah propertiea IU\Cl are the
peraone who al9aed the .....
r ator
¥ e:( day of
CIIA.I.)
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WI TH! F<U.Owttm UIDERSIGifiD RISIDDTS AJID PRC!'ERTY OtllfERS,
TC AJf AREA D!SCRIBED AS LOTS 17 THROtliH 32, INCLUSIVE, BLOCK 18, I!XH.!WOOD, AU. tl
BLOC!( 19, EJI:ilEW COD. LOTS 1 THROtx;H 16, INCLUSIVE, BLOCK 2 0 , E!«<LEWOOD, TO BE !'II
SUB.rn::T OF A REZONit«: REQUEST AT A PUBLIC HE.ARINC ON DFX:EMBER 8, 1970, OPPOSE AID
OB.rn:T TO A CHANGE IN THE PRESDIT ZONING FOR THE FOLL OwiNG REASONS:
IT tlOULD DESTR OY THE RESIDENTIAL NATURE ~ THE NE1GHBORH 00D. 'IHE INFLUX OF S!J:H 1
LAlliE NUMBER OF PEOPLE fiOULD MAlE A MOCH GREATER DD!AND ON OUR EIIST!IIi POLICE AJfD
l'lRE DEPARTM.Elf'l'S, PEJUiA.PS INCREAS!IfG THE NEED FOR ADDITIOIIH TAXES. '!'HE PROPCEPl>
I'.
<. MULTIPLE ~Ll.IIIi WOULD INCREASE THE A~ POLW1'I<Jf AND JASTE DISPCEAL PROBUM. IT
WOULD GREATLY IJI:REI.SE TH! VOIICULAR TR.lPFIC IW THE AREA. THE PARitiiii rROBl.IM W00LD
HE A SOORCE OF GREAT IRRIT.lTIOif TO THE RIGHBORHOOD •
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THE STATE OF COLORADO
ss.
C'OUNTY OF ARAPAHOE
, bel nl!, duly sworn, depo ses
and says:
That the persons who signed their names on the toregoing
Petition indica ted their opinions and su bscJ·ibed their names
before me, and each party so signing represe1 . ted that the
names so given are true and correct, and eve1·y person wn o
signed said Petition represented themselves to be over twenty-
one (21) years of age; further, that every signature herein
was voluntarily given.
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Subscribed and Sworn to before me, by the said
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on this eighth day of December,
1970.
My Ca.aisaion ex pi res : M · r': . 13. 1974
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