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Home My WebLink About1974-10-14 (Special) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO OCTOBER 14, 1974 SPECIAL MEETING: The Cit y Council of the City of Englewood, Arapahoe County , Colorado met in special session on October 14, 1974 at 7 :00 P.M. Mayor Taylor, presiding, called the meeting to order. The invocation was led by Councilman Howard Brown. The Pledge of Allegiance was led by Mayor Taylor. Clerk . The following Notice of Call was read by the City NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, OCTOBER 14, 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: 1. Cont inuation of the public hearing on the Santa Fe-Union Annexation; and 2. Cons ideration of a Resolution supporting the proposed Constitutional Amendment to Article XIV and XX of the Colorado State Constitution, know n as the Poundstone Amendment. (Copies previously transmitted on agenda of Octo ber 7, 1974). Isl Andy Mccown ANDY McCOWN City Manager AMcClp ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Council Members of the City of Englewood, do hereby acknowledge receipt of notice of the above special call. I I I I Meeting or October 14, 1974 2 Isl Paul T. Blessing Isl Howard R. Brown Isl Vern M. Mann Isl James L. Taylor Isl David B. Clayton Isl Douglas T. Sovern /s/ Lee R. Jones The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Absent: None The Mayor declared a quorum present. Also present were: Director of Public Works Waggoner City Attorney Berardini Director of Finance Nollenberger Assistant City Attorney Lee I I I I I COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO REOPEN A PUBLIC HEARING ON THE SANTA FE- UNION ANNEXATION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. A tape recording of this public hearing is maintained on file in the office of the City Clerk. Mayor Taylor stated that this was a reopening of a public hearing which had been held on September 30th. Mr. William Myrick, Attorney, appeared before Council. He stated that he was offering Objective Exhibit No. 17 which is a deed from a joint-venture company in the Santa Fe-Union annexation area. He also offered Objective Exhibit No. 18 which is a deed to Paul Van Winkle from Mrs. Rose Weeks concerning land in the annexation area. Mr. Lee stated that he had no objections to this evidence. Meeting of October 14, 1974 3 Mr. Myrick offered Objective Exhibit No. 19 and 20, which were title policies from Trans America Corporation. Mr. Lee offered Exhibit No. 2, which was a title policy on the Kiew it land, and Exhibits No. 3, 4, and 5, which were letters in relation to City services to be provided in the annexed area . Mr . Kells Waggoner, Director of Public Works, was sworn in to offer evidence. Mr. Waggoner stated that the boundary on the annexation plat was 69.884% contiguity, and exhibit No. 7 was an aerial photo as of April, 1972. The red line on the photo was the annexation boundary, and the green was the City boundaries. He described the area on the map and gave a derivation of the lines which supported the annexation map. Mr. Myrick questioned Mr. Waggoner concerning the line in relationship to the river thread and the Hall property boundary. Mr. Bradl ey Clow was sworn in to give testimony before Council. Mr. Clow testified as to the Rose Weeks property line. He stated that the actual possession of the property was currently in the hands of Mrs. Weeks and her new owner for a mining operation. Mr. Myrick appeared before Council to summarize the case which had been presented. He felt that it had been fully heard at this time . He felt that it was improper to annex this property due to splittine the Weeks' property and the Hall property. He felt that if the measurement on contiguity had been made correctly, they would find only 65% contiguity. The recog- nition of the splitting of the property was made by the City Council in 1970 when they attempted to get Mr. Hall to sign a consent to split property. No action was taken on a petition previously on file with the Council requesting annexation by certain parcels of the land. The map that was used for the annexation is many years out of date, and a survey was necessary when there is a questionable boundary line of this sort. Annexing the whole area did not make any sense for the urban area of a city, since the land usage did not fit. He implored the Council to look seriously at the problem and consider the peoples' opinions, since they did not want to be part of the City of Englewood. Mr. George Lee appeared before Council to give a summation of his case. He stated that the policy of the City Council was theirs to decide and not that of the legal staff. He felt that it should be taken seriously for the interests of the City and everyone else concerned. He felt that as much as possible had been produced for consideration by the Council. He stated that there was a conflict as to the contiguity percentage and that he felt that the 69.884% was defensible. The petition on the area was overridden in the statutes under a two-thirds I I I I Meeting of October 14, 1974 4 contiguity procedure. He did not feel a survey of this area was necessary under the statutes, but only the best available information at the time. He felt that a legal argument was defensible in court on these points. The ownership of the land was a legal question to be decided in court and not by a surveyor. He felt that the boundaries are questionable, especially since the South Platte had changed courses by marunade activity. The Council could not determine by itself if the Weeks' property was split if the river was not in its original state or moved purely by nature. He felt that utilizing the annexation boundaries of property titles versus the survey method was defensible in court. The City's position is that there is no split land at this time. He stated once again that the policy aspects of annexation were up to the Council, but he felt that there was evidence to sustain this annexation. Mr. Myrick stated that the Hall property was separated and the tax certificates were on the record to prove so. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. The Mayor called a recess at 8:25 P.M. The Council reconvened at 8:45 P.M. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor . Absent: None The Mayor declared a quorum present. Councilman Jones stated that he would like to table the item #2 on the agenda, consideration of the Poundstone Amendment, until the October 21st meeting. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO TABLE CONSIDERATION OF THE POUNDSTONE AMENDMENT UNTIL THE OCTOBER 21st MEETING. Upon the call of the roll, the vote resulted as follows: Mee t ing of Oct ob e r 14 , 1974 5 Ay es: Council Members Jones, Sovern, Mann, Blessing, Brown , Cl a yton , Taylor. Nays: None Abs e nt: None The Mayor declared the motion carried. • • • • • Mayor Taylor stated that he would like the Council to cons i der starting the meetings at 7:30 instead of 8:00 in order to facilitate gett i ng o u t a little earlier. Councilman Mann stated that he would like 7:00 P.M. better. A general discussion of the times of Council meetings ensued . Mayor Tayl or asked the Director of Public Works to have an ordinance a vailable at the next meeting to set the Council meet i ng time at 7 :3 0 P.M. • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO ADJOURN . Upon the call of the roll, the vote resulted as follows : Ay e s: Council Members Jones, Sovern, Mann, Blessing, Brown , Clayt o n , Taylor. Nays: None Absent: None The Ma yor declar ed the motion carried and the meeting was adjourned at 8:55 P.M. I 5~,rJ~ I ex officc:>celCor the Council