HomeMy WebLinkAbout1967-07-10 (Special) Meeting MinutesI
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
JULY 10, 1967
SPECIAL MEETING:
The City Council of the City of Englewood, county of Arapahoe, State
of Colorado, met in special session Monday, July 10, 1967 at 7:00 P.M.
in the council Chambers, City Hall, Englewood, Colorado.
To the Mayor and councilmen:
Late last Thursday, July 6, Judge Naugle granted an extension of time
for hearing further motions regarding the left turns at South Bannock and
Hampden. The Judge also denied the request for a temporary stay-:-of execu-
tion of his order. However, the attorney representing Mr. Leo Lentsch
agreed to allow the City and the Highway Department until Tuesday to either
comply with the Court's decision or to file an appeal to the Colorado
Supreme Court.
The Colorado Highway Department is a _p _pealing and desires the City to
join them in the appeal (see the letter below from E. N. Haase). After
conferring with John Criswell, it seemed best to delay re-instituting
these turns until the Council had an opportunity to consider the request
of the Highway Department to join in the appeal.
Therefore, this letter shall constitute a call at the request of Mayor
Allen for a special meeting of the City Council to be held at 7:00 P.M.
Monday, July 10, 1967 at the City Council Chambers for the purpose of con-
sidering with the Colorado Department of Highways in requesting the Colo-
rado Supreme court to stay the effectuation of the District Court's order
in the case of Leo Lentsch versus the City of Englewood, et. al.
Hopefully, we can consider informally after our meeting with the Water
and Sewer Advisory Board those items we had originally .Planned to take up
at 7:00 P.M.
Respectively,
/s/ Stanley H . Dial
City Manager
The following persons, all Councilmen of
the City of Englewood, Colorado do here-
by acknowledge the receipt of notice of
the above special session.
/s/ Geo. H. Allen
/s/ Tymer Rice
/s/ Louis Parkinson
/s/ Donald Fullerton
/s/ John c. Kreiling
/s/ Win. B. Hanson
The Mayor asked for roll callt upon the call of the roll, the following
persons were present:
councilmen Fullerton, Hanson, Kreiling, Parkinson, Rice, Allen
Also Present: City Manager Dial
City Attorney Criswell
City Clerk Lyon
Absent: councilman Ludwig
The Mayor declared a quorum .Present.
"Mr. Stanley Dial, City Manager
City of Englewood
3400 South Elati Street
Englewood, Colorado
Dear Mr. Dial:
We have your letter of July 3, 1967 in which you explain your position
with respect to a possible ruling from the District Court which would
require you to restore left turns at Bannock Street and State Highway 70 in
Englewood. We now understand such a ruling has been issued.
We wish to thank you for your consideration in advising us of your
intent: however, the Department cannot agree to, nor approve, the restora-
tion of these left turns as we have discussed many times in the past.
A motion will be filed by the Department with the Supreme court of the
State of Colorado at once requesting a Stay of Execution of Judge Naugle's
order. We respectfully request that the City of Englewood join with us in
this motion and, therefore, suggest that you withhold further action on
this matter until the Supreme Court has had an opportunity to pass on such
motion.
Very truly yours,
CHAS. E. SHUMATE
Chief Engineer
By /s/ E. N. Haase
District Engineer"
559
560 •
Minutes of July 10, 1967
City Attorney Criswell reported to members of the City Council that,
that morning, the State Highway Department had proceeded to the Colorado
Supreme Court to request a stay of execution of the District Court's order
to re-instate left turns at Highway 70. 'rile Supreme Court had granted
this same morning the stay as requested by the Highway Department. As
the State Highway Department has already entered a stay of execution
with the Supreme court and the Supreme court ,has already ruled, Mr. Cris-
well stated that any subsequent action in reqard to the Department of
Highways letters dated July 7, 1967 was moot. Discussion ensued.
Mr. John Saviers, attorney for Mr. Leo Lentsch, appeared before the
City Council. Mr. Saviers pointed out the motion recently granted by the
Supreme Court on that date effected only the execution of the lower court's
order to re-instate left turns. By the ~upreme court taking that action,
the question is now placed back into the political arena. Mr~ Saviers
stated that he hoped the City Council would take a vote on the left turn
question on South Bannock and Highway 70 this evening and reinstate the
left turns. He stated that this certainly would be to the benefit of the
City of Englewood and its merchants. Discussion ensued.
City Manager Dial stated that the purpose of the call of the Special
council meeting is very limited and he believed that the City Council
could not take action on another matter without causing a call for a meeting
to be made.
City Attorney Criswell stated that he agreed with Mr. Dial's summary.
COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE
MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Parkinson, Rice, Allen
Nays: None
Absent: councilman Ludwig
The Mayor declared the meeting adjourned at 7:40 P.M.
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