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HomeMy WebLinkAbout1974-09-30 (Special) Meeting Minutes!I I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO SEPTEMBER 30, 1974 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado met in special session on September 30, 1974 at 7:00 P.M. City Clerk Nollenberger called the meeting to order. The following Notice of Call was read by City Clerk Nollenberger. NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, SEPTEMBER 30, 1974 7:00 P.M. The City Council of the City of Englewood, Arapahoe County, Colorado, is hereby called to a special meeting at the City Hall, 3400 South Elati Street, for the purpose of conducting a public hearing on: The Santa Fe-Union Annexation. Isl Andy Mccown ANDY MC COWN City Manager AMlsc ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Council Members of the City of Englewood, do hereby acknowled g e receipt of notice of the above special call. Isl Lee R. Jones Isl Douglas T. Sovern Isl David B. Clayton Isl Paul A. Blessing Isl Howard R. Brown Upon the call of the roll, the following were present: Council Members Jones, Sovern, Blessing, Brown, Clayton. Absent: Coun cil Members Mann, Taylor. The City Clerk declared a quorum present. Me et in g o f Sc p t.e ml>e 1· J O, 19'(14 2 COUNC I LMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOT IO N TO APP OINT COUNCILMAN BLESSING AS MAYOR FOR THE EVENING IN THE ABSENCE OF THE MAYOR AND THE MAYOR PRO TEM. Upon the call of the rol l , t h e v ote resulted as follows: Clayton . Ayes : Coun cil Members Jones, Sovern, Blessing, Brown, Nays: None Abs e nt: Council Members Mann, Taylor. Also present were: City Manager Mccown City Attorney Berardini Assistant City Attorney Lee Director of Public Works Waggoner Director of Community Development Su pinger Director of Finance Nollenberger Assistant Director of Utilities Bradshaw • • • • • COUNCILMAN SO VERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO OPEN THE CON TINUING PUBLIC HEARING ON THE SANTA FE- UNION ANNEXATION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayton . Nays: None Absent: Cou ncil Members Mann, Taylor. The Mayor declared t he motion carried and the public hearing open. City Attorn ey Berardini gave a background of the Santa Fe- Union annexation wh ich dated back to September of 1973. He stated that Assistant City Attorney Lee had been appointed by him to try the case in court . I Assistant City Attorney Lee stated that this was the I second remand by the J udge to the City Council. The City Council ; had receive d a copy o f the Court order, as well as copies of previous h e aring transcript. The Court has said that this hearing would be h e ld under administrative law and the Judge had remanded the entire court file to the City Council for its use. Councilman Man n entered the room at 7:15 P.M. I I Meeting of September 30 , 1974 3 Councilman Clayton inquired whether that meant that the hearing would be an administrative rather than a judicial manner. Assistant City Attorney Lee stated that this was true, and anyone who wishes should be able to speak, and the court would make any legal considerations after the fact. Councilman Mann inquired whether the City had met all its obligations in this matter. Assistant City Attorney Lee stated that he felt they had, but that his personal feeling was not relevant since the Court would make this consideration. Acting Mayor Blessing called upon Mr. Myrick to react to these statements. Mr. Myrick stated that there had been two hearings before the Court. The Judge had remanded it back for findings of fact, and the second time for this fuller hearing. Conclusions should be made on the evidence presented. A petition had been presented by these people which should be considered. He also stated that he felt that he should have the full right to cross examine the witnesses. Acting Mayor Blessing stated that the Council might go into an executive session to consider the format of the hearing if they felt it was g etting out of line. Assistant City Attorney Lee stated that the Court has said that anyone could present all the evidence they wanted to, as long as it was slightly relevant. He asked that the Council be patient and hear it all out as directed by Court order. Acting Mayor Blessing inquired whether anyone else was in the audience who would object to the annexation. Mr. Richard Goggin, 330 West Belleview Avenue, appeared before Council. He presented a pleading for injunctive action to the Council. Assistant City Attorney Lee stated that the Council could take no action on this particular legal injunction. Mr. Goggin stated that it had been filed with the Court this afternoon and this was legal service upon the City and Mr. Myrick. Assistant City Attorney Lee stated that it would be accepted as service upon the City. Mr. William Myrick, Attorney annexation, appeared before Council. consider the initial objections which to Exhibit B in the previous hearing. as Objectives , Exhibit No. 1. for the persons opposing He asked the Council to were made, and he referred Exhibit B was re-introduced Assistant City Attorney Lee stated that he could not verify any of the exhibits as to their authenticity, but would accept them on their face value until questioned. Meeting of Septemb e r 3 0, 1974 4 Mr. Myrick asked Mr. Waggoner to testify before the Council. Mr. Myrick asked Mr. Waggoner to compare the two maps for him, one being an official map of the County, another being an annexation map, and to point out the differences. Mr. Waggoner did so. Mr. Myrick inquired as to whether the annexation map was a completely accurate reflection of where the Platte River existed. Director of Public Works Waggoner stated that it was most likely not in that exact location. Mr. Myrick inquired as to where the westerly boundary line came from. Director of Public Works Waggoner stated that it came off the deed from the Kiewit property. Mr. Myrick asked additional questions of Director of Public Works Waggoner concerning particular lines on the annexation map. Acting Mayor Blessing called a recess at 8:55 P.M. Council reconvened at 9:10 P.M. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Absent: Council Member Taylor. Mr. Myrick called Mr. Dorsey Hall, Jr. before the Council to testify. Mr. Myrick asked Mr. Hall if he had been requested to sign a particular exhibit, Objector's Exhibit No. 5, in 1970. Mr. Hall replied in the affirmative concerning the exhibit. Mr. Hall also stated that he had paid taxes on the property which was west of the River. Assistant City Attorney Lee inquired whether this land had been in contention in Court. Mr. Hall replied that a recent decision on it had been handed down by the Supreme Court. Mr. Brad Clow, 1124 West 17th Place, Lakewood, appeared before Council. Mr. Myrick inquired of Mr. Clow whether he had made a survey along the South Platte River. Mr. Clow replied in the affirmative stating that the River was not at the same location as depicted on the annexation map. Assistant City Attorney Lee inquired whether the line on the annexation map followed the Kiewit deed. Mr. Clow replied in the affirmative. Assistant City Attorney Lee inquired as to where the thread of the river was. Mr. Clow stated that it was the center of the flow line of the river. Assistant City Attorney Lee inquired of Mr. Clow whether he knew where the thread was prior to December of 1973. Mr. Clow replied in the negative. I I II !I Me e ting of September 3 0, 1974 5 Mr . Myrick stat ed that given either the deed or the river location some of the property had been split by the annexation which was not legal under the annexation statute. Mr . Myrick i n troduced a letter from Robert Wham, Attorney for Rose Weeks , object ing to the splitting of property, specifically the Weeks ' land , on behalf of Mrs. Weeks, the lessee, and the new owners. Assistant Ci t y Attorney Lee stated that all previous hearings had exhib i t s are part of this hearing and need to be considered in their entirety. He felt that some time was needed by the Ci ty to analy ze the new data in its entirety. Mr . Myrick stated that he did not feel like the hearing should be cont i nued a ny lnnger. City Attorne y Berardini stated that a summation of the case by Mr . Myrick wou ld not be in order if the case had not been fully heard yet . The Council should vote on whether to continue the hearing or to close it at this point. Mr. Myrick sta t ed that all the materials had been available to both sides and that a decision should be made this evening. The Assist a nt City Attorney stated that the Court had remanded it back to t he Council for not considering it in greater length and he felt tha t t ime should be given to a full discussion of the merits. Councilman Sove rn stated that what Mr. Myrick was asking for was in conflict with the reason why it was remanded back to the Council in the f irst place. They felt that it would behoove th~ Council to hear more testimony at a continuation of the hearing. COUNCILMAN J ONES MOVED AND COUNCILMAN MANN SECONDED A OTION TO MOVE THE CONTINU I NG OF THE PUBLIC HEARING TO OCTOBER 21st AT 7:00 P.M . COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO AMEND THE MOTION TO HAVE THE MEETING ON OCTOBER 14th AT 7 :00 P.M . Upon the ca ll of the roll, the vote resulted as follows: Ayes : Counc i l Members Jones, Sovern, Mann, Blessing, Brown , Clayton . Nays: None Absent: Counc i l Member Taylor. The Acting Mayor declared the motion carried. • 358 Meetin~ of September 30 , 1974 6 The vote on the original motion was held. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Counc il Member Taylor. The Acting Mayor declared the motion carried. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ADJOURN . Upon the call of the roll, the vote resulted as follows: Ayes: Counc il Members Jones, Sovern, Mann, Blessing, Brown, Clayton . Nays: None Absent: Council Member Taylor. The Acting Mayor declared the motion carried and the meeting was adjourned at 10:10 P.M . w /\.b ~~ ex of'ficio Clerk-oNth'e Council • I I