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HomeMy WebLinkAbout1974-09-30 (Special) Meeting Agenda Packet• 0 • CITY COUNCIL MEETING -Special September JO, 1974 • 0 • • - ( • • • SPEC IAL MEETIID: • 0 h • COUNCIL CHAMBERS CITY OF EOO~D , OOLORADO ~ 30 , 1974 The City Council of the City of Englewood , Arapahoe County , Colorado met 1n specia.l session on September 30 , 1974 at 7 :00 P .M. City Clerk Nollenberger called the meeting to order . v 0 The following Notice of Call was read by City Clerk Nollenberger . NOI'ICE OF CAIL BY THE MAYOR FOR A SPECIAL SESSION OF THE CI'IY caJNCIL M:>NDAY , SEPIE-mER 30 , 1974 7:00 P.M. The City Council of the City of ~lewood , Arapah:>e County , Colorado , i s hereby called to a specia.l meeting at the City Hall , 3400 South Elati Street, for the p..irpose of con::lucting a public hearing on: The Santa Fe-Union Annexation . Isl ••rm11 Arny M::C0\<41 HQ ANDY M::CCMM City l\tlnager AM/sc ACKNCMIEOOEMENI' CF RECEIPl' OF NJI'ICE The following persons, all Council Member s of the Ci y of J:}'iglewood , do hereby ackrl:lw l edge receipt of notice o f the abov e special call . I sl Lee R. J ones Isl Douglas T. Sovern Isl I)lvid B. Clayton Isl Paul A. Blessing Isl !bward R. Brown pon he call or the roll , he foll~ wer e pres ,,,_ • • , • • -,,, Ayes: Council Nays: .Nale Ab sen -2 - s J. Sovern, Bl s • '1lylor. City Manager Mc City Attorney Berardini Assistatn City Attorney Lee Director of Public Works Waggoner on . Director of Camunity Developnent &lpirger Director of Finance Nollenberger Assistant Director of Utilities Bradshaw • • • • • CCXJNCIUllAN ~ MJVED AND CaJNCII..MAN CLAY'roN SEXX>NDED A ror!ON 'ID OPEN THE CCJ1I'INUOO PUBLIC HEARilD ON THE SANrA 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: Council Menbers Mann, Taylor. The Mayor declared the rootion carried arrl the public hear~ open. City Attorney Berard1n1 gave a backgrourrl of the Santa Fe-Union anrexation which dated back to September of 1973 . He stated that Assistant City Attorney Lee had been appointed by h:1m to try the case in court. • Assistant City Attorney Lee stated that this was the ~~o,rP ,"1'1"t1•• reman:i by the Juige xo the City Council. The City Council had received a,Court order ~, as welt c#lies of previous hearing transcript. The Court has said that this hearing would be held urrler adm1nistrative law arrl the Judge had rena.rded the entire court file to the City Council for its use . Council.JTan Mann entered the roan at 7:15 P.M. Council.JTan Clayton inquired whether that meant that meant that the hearing woul~ a.drn1n1strative rather than a judicial manner. Assistant City Attorney Lee stated that this was true, arrl anyone who wishes should be able _to...-epeak am tl:i.ti co11rt • ..-ct1:d umce eu(Y ll!!§Ql- .., - •l 0 • • • • 0 • -2 - COONClD'IAN CLAY'IDN J\DVED AND COUNClD'IAN BROWN SECONDED A ror'ION TO APPOINI' CaJNClD'IAN BLESSING AS MAYOR I'XD£ FOR THE EVENlNJ IN THE ABSENCE OF THE MAYOR AND THE MAYOR PRO TEM. Upon the call of the roll, the vote resulted as follows: Ayes : Council Matlbers Jones, Sovern, Blessing , Brown , Clayton . Nays: None Absent: Council Members Mann , 'I'aylor. Also present were: City Manager McCown City Attorney Berard1n1 Assistatn City Attorney Lee Director of Public Works Waggoner Director of Ccmmmity Develoµnent Supinger Director of Finance Nollenberger Assistant Director of Utilities Bradshaw * * * * * COONCILMAN S'.JVERN M'.JVED AND COONCII.W.N CLAY'IDN SECONDED A IDI'ION TO OPEN THE CONTINUIID PUBLIC HEAR.IllJ ON THE SANrA FE-UNION ANNEJCATION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayton . Nays: None Absent: Council Members Mann , 'I'aylor. 'Ihe Mayor declar he l!X)tion carried arrl he p..iblic hearing open. Ci y Attorney Berardini gave a bacl<groun:i of the Santa Fe-Union annexa ion which dated back o Sep e'llber of 1973. He stated that Assistan City A torney Lee had been appoin ed y hlm o try the case in court. Assistan City At orney Lee sta ed. tta this was the ~~C!P ,19*Ptl•w r by he Jtdge o the Ci y Council . 'Ihe Ci y Council had received a.COUrt ol"der ~· as welt c i!iies of previous hearing transcript. The Court ms id tha his hearinf' would be held un:ier adl'!'l1n1strat1v la arrl the Judge had r he en ire c t le o he Ci y Council for a use • Councilrre.n Mann en he rocn a 7:15 P.M • • • ' • • 0 I• • -3 - to speak and the court would make any legal considerations after the fact. Councilman Mam inquired whether the City had ll\_"'\#ll its obligations in this natter . Assistant City Attorney Lee stated that~ 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 hear:1ngs before the Court . The Judge had remmied it back for firxiings of f act , a.rd the secon:l time for this fuller hea.r:1ng . Conclusions sho..lld be ma.de on the evidence presented . A petition had been presented by these people which sho uld be considered . He also stated that he felt that he should have the full right to cross examine the witnesses . Acting Miyor Blessing stated that the Council might go into an executive session to consider the fornat of the pearing if they felt it was etting oot 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 a.rd hear it all out as directed by Court order. Acting Mayor Blessing inquired whether anyone else was in the atrlience wro wwld object to the annexation. Mr. Richard Goggin, 330 West Belleview Avenue, appeared before Cooncil. He presented a pleading for injunctive action to the Council. Assistatn City Attorney Lee stated that the Cooncil could take no action on his particular l~l injunction. Mr. Goggin stated that it had been filed with the Court this afterooon a.rd this was legal service upon the City a.rd Mr. !Wick. Assis ant Ci y Attorney Lee stated hat i would be accepted as service upon the Ci y . . William l'\VI'ick, A tomey for the persons oppos~ arnexa ion, aweared before Council . He asked the Council to consider 1n1 1al objec ions which were e , aro he referred to Exh1 it B in he previou hearing. Exhi i wa re-in roduced as Jee 1ves, 1 no. l. 1fy any on ir fac • • - • • 0 I • • -4 - Mr. Myrick inquired as to where the westerly boundary line came f'ran . Director of Public Works Waggoner stated that it came off the deed f'ran 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 r econvened at 9:10 P .M. Upon the call of the roll , the f ollowing were present . Council Menbers Jones , Sovern , Mann , Blessing , Brown, Clayton . Absent: Council Menber Taylor. Mr . Myrick called Mr . Dorsey Hall , Jr . before the Council to testify. Mr . Myrick asked Mr . ~ll if he had been requested to s~ a particular exhibit, ©bjector's exhlbit no . 5, l in 1970. Mr . Hall replied in the affirnative convern~ the exhibit. Mr . Hall also stated that he had paid taxes on tre property which was west of the River . Assistant City Attorney Lee inquired whetrer this larxi had been in contention in Court . Mr. Hall replied that a recent decision on it had been tarded down by the City or ~le 1 46ed. s..~... ..... (..,,..._..- Mr. Brad Clow , ll24 West 17th Place, Iakewood , appeared before Council . Mr. Myrick inquired of Mr. Clow whether he had made a survey alorg tre South Platte River. Mr. Clow replied in the affirnative stat~ that the River wa not a he same loca ion as depic ed on the annexatio irap. Ass stan Ci y Attorney tee inquired whetrer tre line on tre amexa on rra follow the K1ew1 deed . Mr. tow replied in he affinna 1ve. Assietan Ci y A om y Lee inquired as o thread of tre river was. Mr . Clow eta ed ha i e he cen er of he flow line of tre river. Aseie Ci y A orney 1nqu of Mr. Clow whe rer he knew he pr or o Dec of 197 . • Clow replied in he n~tiv he riv loca i 1 umer he • • -• l • • -5 - City Attorney Berard1ni ~tated that a surrrnation of the case by Mr. Myrick would not be in order ~ the case had not been fully heard yet . The Co..incil should vote on whether to continue the hearing or to close it at this point. Mr. Myrick stated that all the materials had been available to both sides and that a decision should be made this evening . The Assistant City Attorney stated that the Coort had renamed it back to the Council for not considering it in greater l~h and he felt that time should be given to a full discussion of the merits. Councilman Sovern stated that what Mr . Myrick was asking for was in conflict with the reason why it was renan:ied back to the Council in the first place . They felt that it would behooVe the Co..tncil to rear ioore testiJOOny at a Sl:lbee~eAt rearing . f'\,,a,,-\...,\4,.. ... ,:Jj"\..)~<\" COONCIIMAN ltJNES KNED AND COONCIIMAN MANN SECONDID A M'.YI'ION 'IO MJVE THE CONI'INtJOO OF THE PUBLIC HEARm'.1 'ID OC'IOBER ti. 21st AT 7:00 P.M. CO.OCIIMAN l3RCMN KJVED AND COONCII.MAN SOVERN SF.CONDID A M'.YI'ION 'ID AMEND THE M'.YI'ION 'ID HAVE THE MEETIID ON OC'IOBER 14th AT 7: 00 P .M. Upon the c all of the roll, the vote resulted as follows: Ayes: Council Menbers Jones, Sovern, Mann, Blessing , Brown, Clayton . Nays: None Absent: Cruncil Member Taylor . .. The ;:,1ayor declared the iootion ca.ITied . The vo e on the original iootion was held. Upon the call of the roll, the vo e resulted as follows ; Ayes: Cooncil s Jones , Sav , Bless~, Elt'011«1 , layton. vs: None ':'aylor. ,, - • • • - • t• • ROLL CALL Moved Seconded Aye Nay i Absta n Absent Jones )(. '.)c sovern "' MlUII1 )< Blesslrul x ,...-""~ .tlrOWil x X..-0:::: ;::;;--Cla~on '1.. ~ Mzuor Tavlor ~ • • • • , • • I - 0 t• ·, • ROLL CALL • • • • 0 • ROLL CALL ~ ~<._. k. ~~ ~-\,..._ \::~ -~' c ~""'-o::L.-. Moved Se~on4ed Ave Nay Abstain Absent Jones ~ >C Sovern 7 Mann I BlessTng \ i:srown " )('._ Clavton I MAvor Ta"lor I ~ ~&. \ae ("_,...,..Q..Q..JU .... .J) ~-C.u o~ ..... ..J ~ (\\ .., f' "" ~ ~ "'-·-,,.. ..... .......... o.~ ~ ,..,.... , c ,f)u c...9 ,_, • • • • • • ROLL CALL IOOved Secornj ed Ave Nay Abstain Absent J ones sovern ,....nr Blessing i:srown Cla~on UJlvo r "'•"lor ~~ f o..cSJ ~ µ.,, A-~ v 01.:. ~ "" c> c...::t . ~'"' L ~"·"·N', ~ ~.1 '9 ~ ~ \r ,_J ~ ..91--"-'!. ~ .. ....< ,.S.o t '--t ,, v • • , • 0 I• • ROLL CALL Moved Secon~ d e Aye Nay Abstain Absent Jones Mvern MATITI ' tJless:!ng ~rown Cl avton Mayor Tavlor ~~~ ~=-0 v->. ?~~ Q,..sL pv .,._,~G 0--Qi&<> cO,~ ~----~ ~c:... ' e;u::Q.....- k ~~o CJ.-~ c1---v-A ~·~ r " .-.,._,_ c ( <../ (' ("V"t.o-<"'.) ~0&-~ L"' ~~ c~~..,...,,., ~ ~u> ....... (.;::[. .;,,,...~ ~ q_{)r__ . ~ 0( <:..:> (' OW') ~_,._... (.JI ~..,.,... GS (2.J&-." _ ...... '-',...., ... ~ v .._,:;, \.....>,.. ("o..._.0--~ ~~~ ~..J µ '<::!" t.9-r_ ..Jl. ~-...:;._ (l'V ~".J '"') ~ b I • .._i c .. r ~- • • , ...... • • 0 • ROLL CALL Moved Seconq d e Aye Nay Abstain Absent Jones '><>Vern Mlllll1 B1 ess1nu .tlrOWil Clav+on Mavor Tavlor - ~;i,._ "::, -<T• ~ 6-<>-') 3-, ~J ~ -C... ~ ~ r e • ....;, -t., -d ') ..C.a..A .. "1':i ri u __!)_, c9 ~ """ \l '-Jl <""' Vt"\ 0 ~ :ti: :5 ~~""U)o c.. -<'""((' ct.,~. bi> ' 2 ~0 0 E '+ l C"\ .,.. cf -o ~o j p v.J . ~""> ~· (:c ~ ..... (" :, ~ <J") 0 c. ,.,..,, ..J \) ...... ..1. V' (,)":: ... 3 ..... ~ "' .. , " ~ rv-A ~ • • ._:; I.) \.9. ~ (0 • ,,,_ • -• I • . • .. - ROLL CALL Moved Secon4ed Aye Nay Abstain Absent Jones 50vern 1-nn B]esSTna l:ll'OWil Clavton llli.Yor Tavlor - 0 ·~· ...... -• 'l tu • • • • • "' - • . • • .... ROLL CALL Moved Secon~ed Aye Nay Abstain Absent V' .Jones -Sovern v MRnn )<. Blessiruz A Brown " /" Clavton w.vor 'l'avlor 0 l "° '> ~-\:)..i -'l~ \J."tJ r> • tJ .._!) ';" ,~. \ , c ... ..,. ? s '~ l.-' """' ..,, t .., ,. ~ ~ L) 0 .., r.: I \.:> .._, cf • • o-I. ( ..,;/ <:J~ • • • 0 • ROLL CALL Moved Secon4ed Ay e Nay Abstain Absent Jones Sovern onn Ml R essinu mown Clayton Ml\YOr Tavlor o\:? ..u 11 I .3 o '-" lt.o d_ l...-0 ~ '::J " ~ u"'-' _J ~~ ~ (l" -~ \ ..... ' c;,..,.....:>"'(-tl,_ l'l(l,.o' "'-· b~ e--1..:£.p & ~,...."" °""' cC "'"'-~ cQ, ~ ~ ~ ~~ V:, c ch& ~,../""\. G\ J Ul.u-.....) ( I "2 y v.; . I '1 '-'"' (1 .R_ . ..._?~ -d.,..r::9 __,_ ,.,..,.._-9Ul c ~~ ~-~ s • I I vG:." ,._1 '-"> ~-.. "C"L c9 <..o ~' - . ' • • - - • • 0 • ROLL CALL Moved Se cornj.e d A:ye Nay Ab s t a i n Absent Jones Sovern .......... l:lleBSlru! =own Clavton """Or Tavlor ~()~ ~ 1--~-~-.9. ~ ~C>J t_.,~ ~ ~ OE 012 0 ~ \''\f ~ C~ 0'-O~~ .,._,., o r c,.._.--..~ \)J~V> ~""' ~ ~ "-' ~ I~ 0 v {\- t \o "' -' W~c...,..." -~ ~--(2 :t..-~ ~ """' ' V-)~::>. !)> ... ~' ·~ (\ -,. ( \ ....... ,.._ .. ,>J l o.--0 "'w~ '.:I c c? r...s.."" "" ....-Q. ..... 'l , ..,, -.,;:), ("' • • ti-Av \ • • • • ROLL CALL Moved Seco 4 d n e Aye Nay Jones sovern Mlilll t!l e ssiIU! Brown Clavton ""'1.YOr Tavlor -~~_..,j&_\µ ...._;\ ~~Jk,, N>-t ~ ~~c9 ~ J ~~~~ ~--tv--. ~. "" c..2) k b --Q..J~ Cv-- r-v. Abstain Absent v~ v" s.Jl, ~ c9 ~ .... ~ U' ... • ..., ~-V"J r:,/,,,,..... ~ rL- &"'"' ,,J. ,,, - • • • -• • ROLL CALL Moved Secon4 d e Aye ~ Jones )c '""'Vern ')( )( MAnn x BJ ess•na .. lj?"OWil l( Clavton .,. M'l.VOr Tavlor • • • '1 '.0cJPM . Nav Abstain Absent - - - . ' • . • • I • -• • <, ROLL CALL Mo d ve Secon<1ed Aye Nay A 1 bsta n A bsent Jones >( ~ ;:,overn )( Mllilil ,.. Bless~ )( J( arown )C Clavton 'X MB.vor Tavlor • • • • 0 t • • "' -- • (• • ROLL CALL Moved Secomjed Aye Nay Abstain Absent J ones .JC 50vern )(.,_ Mann Bless1Ill1' .tn'Own Clayton Mavor Tavlor [O ju • • • • f - • • • • t• . ' • l«Yl'ICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL ~Y, 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 S&nta Fe and Union Annexation. l '11 /' t i,:· .t; /-< / Nt ANDY COWN City Manager AM/sc The folloving p raona, all Council "-'>era of the City of Enqlewood, do hereby acknovlege receipt of notice of the above special call • • • • • • • 0 - / /i J City of Englewood 3400 S. Elat1 Slreet Englewood, Colorado 80110 September 20, 1974 Mr. William E. Myrick Myrick & Newton, P.C. 1439 Court Place Denver, Colorado 80202 Phone (303) 761-11"40 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Re: Santa Fe-Union Annexation Supplemental Public Hearing, Sample, et al. vs. City of Englewood, Civil Action No. 31490 Dear Mr. Myrick: I have had an occasion to discuss the upcoming Supplemental Public Hearing on the annexation of the Santa Fe -Union area with Judge Foote, because I am concerned that the Hearing be conducted procedurally in a correct manner, in accordance with the wishes of the Court. As a result of that discussion, I wish to inform you, by this letter, of the procedure that has been outlined, and you will note a carbon copy of the letter is going to the Court so that if there is any incorr ct statement in the letter th r i occa ion to correct it by the Judg • ntire £11 , with xhibita, from th Foot r manding al 1 but En 1 wood, on Mond y, to contact th City, y and all Thia will or not a tt d, pt m r 30, • • • Mr. William E. Myrick September 20, 1974 Page Two ·. • 0 • Second, it was the Court's suggestion, with which the City concurs, that if you wish to have any City employee present at the Hearing for questioning, and the taking of testimony, you should give notice to Mr. Karl Nollenberger, our City Clerk, at least three (3) days prior to the Hearing, i.e. Friday, September 27, 1974. If, for any reason, an employee that you wish to have present to testify is not available, the Court suggested the Hearing should be had, and if necessary, thereafter continued, so that the test- mony of the missing employee that you desire may be taken at a later date. It was also the Court's suggestion that the procedure governing the Hearing be generally subject to the guidelines of the General Administrative Hearing Law as set forth in Chapter 3 of Administrative Hearings. For your information, all testimony, exhibits, and other evidence, that has previously been presented at the first hearing, is to be a part and parcel of the entire record, and all new Council members have been furnished with a transcriptof the Hearing at which they were not in attendance, and it is anticipated that they will be furnished with any and all exhibits previously entered in th record. Hopefully, by following th Court's guidelines , this hearing can be expeditiously completed with a lllinimum of inconvenience to all cone rn d. If you h v any q stions, c nts or requests, pl as contact and I will be happy to cooperat in what- e r way poasibl to expedit th h ari Very truly yours, GEORG B. LEE Aaaiatant City Atto GBL/kb cc: Honor bl• Marvin W. Foot , Diatrict Jud Mr. Karl 11 n r, City Cl• y • • , ,. 0 - • --------- RETUR T 0 - I t ------