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Home My WebLink About1974-10-14 (Special) Meeting Agenda Packet• "' - 0 - • tl1rY C!,ca.ve,t.ME&Thvc, - S/Een4t. (k r ,k -< I i/, 1'17r./- 0 • • , - • • • • 0 • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO OCTOBER 14 , 1974 SPECIAL MEETING: The City 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 Council Member 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 Sou h Elati treet , for the purpose of: /s/ AN V Ci y A cC/ 1. Con inuation of the public hearin on the an a Fe-Union Annexation; and 2 . Cons ideration of a Resolution supportin he proposed Cons ti utional Amendment to Ar icle XIV and XX or he Colorado State Consti u ion, known as h Poundstone Amendment. (Copies prev ousl ransmitted on a enda of Oc o er , 1974). OF RECEIP~ OF OTICF. all Council or owl •. , • • ........ • • • 2 • 0 • /s/ Paul T. Blessing /s/ Howard R. Brown /s/ Vern M. Mann /s/ James L . Taylor /s/ David B. Clayton /s/ Douglas T . Sovern /s/ Lee R. Jones The Mayor asked for roll call . Upon the call of t he roll, t h e following were present : Counc i l Members Jones , Sovern , Mann , Blessing , Brown , Clayton, Taylor . Absent: None The Ma yor dec l ared a quorum present. Al s o present were: Director of Publ i c Works Wa ggoner City Att orney Berardini Dire c tor of Financ e No llen ber ger Assist a nt Ci t y Attorney Le e • • • • • COUNCILMAN CLAYTON MOVED AND COUNCILMA ~ BLESSING ECO DED A MOTIO T0 1'bPE N A PUBLIC HE ARIN G ON THE SANTA FE - UNIO AN EX ATION . Upon the c a l l o f the roll, the v o t e resul ed as follows: Ayes : Co unci l Memb ers Jo ne s , So ver n , Mann , Bless i n , Brown , Clayton , Taylor. ays: Non e A sen None The Mayor declar d the mo ion carried . A ape recording of this public hearin is maintained on r le in he office of he City Clerk. pu lie h that his was a reopenin or a h ld o S p mber 30 H a r. William ~yrick, A orney, h h was offerin ObJec 1v fro a Jo1nt-v nture company in He also orr red O ec ive Exh1b1 Paul v n Winkl rrom Mra. Rose w xa ~on ar a. ppeared fore Cou cil. Exh1 1 No. 17 which 1 h Santa F -Union annexa No . 18 which 1a a d d ka cone rnin l nd in Hr. L a a h d no ob ectiona o hia ion • • • • 0 • 3 Mr . Myrick offered Objective Exhibit No . 19 and 20 , which were title policies from Trans America Corporation. Mr. Lee offere~,fxhibits No . 2, which was a title policy on the Kiewit land~ Exhibit 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 .88 4 %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. Bradley 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 he 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 hat it had been fully ha ard a this time. He fel that i was improper to annex this property due to spli ting the Weeks ' proper y and the Hall pro er y. He felt that if the measuremen on con igui y had bePn made corr ctly,*he would find onl 65 contiguity. The reco ni ion of h spli ting o he property ade y he City Council in 1970 when hey a empted o e Mr. Hall o si n a consent o spli pro rty. No ac ion was aken on ape ition previously on file wi he Council reques ing annexa on y cer ain parcels of the land. The map hat was used for he annexation is many years ou of da e , and a surv y was necessary when here is a qu stionable boundar line of his sort. Annexing he whole area did no make any s nse for he ur an area of city , since that the land usa;e did no fi . He implored he Council o look seriously at l m and consi r he p oples ' opinions , since hey did no par or ty or En 1 wood. o ive su~.ma ion y ouncll • • ' - • • • • 0 I • • 4 ().. ~ 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 w~Ji,tlegal question to be decided in court and not by a surveyor ~ ~ ~he boundaries are questionable, especially since the South Platte had cha~~ed courses by manmade activity. The Coun~.tl could not determine ~itself witfiettt the Q.Gl:H"t d-ee~e the Weeks' property was split if th';v fi.V~~ was not in its original state or moved purely by nature. 1 Otliizing the annexation boundc;.::.,ies of property titles versus the survey method he felt xQ-be 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 propert y 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, Clay ton, Taylor. Nays: None Absent: None The Mayor declared he motion carried . The Mayor called a recess at 8:25 P.M. The Council reconvened at 8:45 P .M. Upon he call of the roll, the followi n were presen Council embers Jones, Sovern , Mann, Elessin , Brown , Clayton, Taylor. A sen : one The Mayor eclar d a quorum presen . he it m Aa endmen A MOTION TO THE OCTO r aul d Jo es stated h h would 11k o •a le enda, consider& ion or h Po ds one Octo er 2ls mee in BLESSING SECONDED STON AMENDMENT UNTIL he roll, the vo e , • • ...... • • • • 0 - .. 5 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Claty on , Taylor . Nays : None Absent: None The Mayor declared the motion carried. Mayor Taylor stated that he would like the Council to consider starting the meetings at 7:30 instead of 8:00 in order to facilitate getting out a little earlier. Councilman Mann stated that he would like 7:00 P .M. ( e r. A n ral discussion of the times of Council meetings aylor asked the Director of Public Works to ord n nc available at the next meeting to set the Counc il 7:30 P .M. 0 CILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A M IO TO A JOURN. Upon the call of the roll, the vote resulted a follo w : Ayes: Council Members Jones , Sovern , Mann, Blessing, Brown , Clayton , Taylor . Nays: None Absent: None The Mayor declared the motion carried and the meetin was adjourned at 8:55 P.M . ex officio Clerk of the Council •. I . • , • -• 0 • ROLL CALL Moved Secon~ed Aye Nay Abstain Absent Jones x sovern )( Mann ')( 'II Blessi.M x Brown " Clavton '/. Mavor Tavlor • • • , • . , 0 • ROLL CALL ? ( ,. Moved SeconQed Aye Nay .Abstain Absent Jones -sovern I MllJlil ( '< BlessinD \ Brown \ ;,< Clavton \ Mavor Tavlor J v • L t \.,) (i I~ . ?, 0 . ) . . . \ • • -· , • ,,,_ - 0 t• • ROLL CALL Moved Secon4ed A:je Nay Abstain Absen t Jones sovern Mann 1uessl.nll Brown Clavton llAvor Tavlor , '"' .cO \)_ ,a,,..., ), , L... ' c .. t..... -" ~ f . , "\)' . ... v, cf (> l, \ • .J..J (• > •• .,,. .1-......, V'V\ a: C' c ,... ;;-t. "' '"" ) \"' r• /c '-"' ~ \ ,Jo.:> .,. 6:. ~ \.)'. "' ,.,.,,,. . ~ C.0 If ~ •U "- ., ... 0( -... f' I, . \ ~ _, " -.J .).._ ., . .L _...., " . \,.. ,. ~ . ' \I . .., t • • ~ r' -~ f ,_ <:. .... ,.. . .. (k "" • • ,.. ~ • I I . "'J ..... , .. ·--. .... .. ,.. • I • •, - 0 •, • ROLL CALL Moved Secon4ed Aye Nay Abt i s a n Ab sent Jones Sovern Mann Blesslruz Brown Clavton Mavor Tavlor '..:> ~ r. ( C' \...) . b .{_,~JUL ') .... ..Q lac.. ... w --~,.s \ .. ,.. '-'' '-'\ 0 ~ . cS ·~v Co CA-J e.. ""c.( •::. ,..., c-. .... ~--,,,,.,...,... c!J.., ........ r.. -0 c;. "t-~ , ..J ..,,p.. I.'\ .. .J'; ·-" .. I {', ~ "' p u . (_ ct (. :-{. \)f'. -J./...., v:> '.( JO > !;., 1 -u..c . -:> r . ~ f J ~ o ~c ...> I.> r -, .. . L. ,_ {. r; , . . .... , ~. c ,._ """" r-- • • • - Moved Seconcjed ( .. • ,o ) • • • • 0 - ROIJ.. CALL lor Aye Nay Abstain ..,.. " '-(.,.. u.J...Qi "~""<>'Ju; f d.J :'.) . , • Absent • • • • ~- • < • ' 0 t• . • ' " ·~ ROLL CALL Moved Second.ed Ave Nav Abstain Absent Jones ""' "' sovern I ,?( Mllnn I Bless1no' \ Brown " Clavton ) llllvor T•vlor / • • • • I I - '· ROLL CALL Moved Seconcjed Ave Jones - ,:,overn f Mann \ Blessiru7 \ l:ll'OW?l \ Clavt.on \ Jllavor Tavlor J .. t • 0 • Nay Abstain Absent ' . • , •. • • • I • • ROLL CALL Moved Seconded be Nay Abstain Absent v Jone a / o50vern 7 lmDll I '( BleSSl.Dll' \ ISrOWn ' Cl&~ \ --vor 'l'avl or J .. , J" ~ '.) ,,\-i ·~o ~. -E., 8-J' ~ ~Q ~ Q, I I OU~., c..~ ~ ~ , c ~ ~~ \ 9/\ ,,..,') f.) • • • ,_ -,. • I • . • ' (, -------~~--==~-=------·----- ROLL CALL (j"' ~' u Moved Secon4ed Absent Abstain Nay lor • • • • • • • 0 • 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, ts hereby called to a special meeting at the City Hall, 3400 South Elati Street, for the purpose of: 1. Continuation of the public hearlng on the Santa Fe-Union Annexation; and 2. Consideration of a Resolution eupporting the proposed Constitutional Amendment to Article XIV and XX of the Colorado State Constitutlon, known as the Poundstone Amendment. (Coples pr vtously transmitted on Agenda of October 7, 1974) ~;f!!ft'"- City Manag r AMcC/p ACKNOWLEIXiEMENT OF RF.CEIPT OF NOTI E Th foll r on , all Council M mb re of the City of Englewood, do r lpt of noUc of th above special call. •. • • I -• 0 I• - CALENDAR OF COMING EVENTS Octiober 12 9:30 A.M. Fire Prevention Parade --Councilmen to meet at Police-Fire Center. October 14 Meeting tn Library Conference Room at 5:30 P.M. to dlBcusa Arapahoe County Fatrgounda annexation and oontlnlll Uon of public heartng on the Santa Fe-Union annexation at 7:00 P.M. In the council Chambers October 14-16 City Mam.pr attending ICMA Annual Conference In Dallas, Texas October 16 Council Precinct meeting (Dlat. 3, Pree. 10, Councilman Clayton) at Englewood School AdmtnlatraUon Building 4101 South BamlOd< 7:00-41:00 P.M. October 21 6:30 P.M. wom eeBBlon In Conference Room A followed by 8:00 P.M. regular council meeting In Council chambers and Conference Room B. October 23 Council Precinct meeUnl (Dlat. 4, Pree. 14, Councilman llllDll) at Sinclair Jr. IU&b Scbool, 300 W. CbellUI01 7:00-t:OO P.11. October 24 9:00 A. II. 11.,.or'• coffee, Police-Fire Center Com.mwdtY Room 7:00 P.K. won SeHion on propoaed 19'75 budget tn Conferece Room.A. Police-Fire Cmter October 28 Holiday -V rana Day. City oftlc will be cloaed. October SO Council Prectnct m etiDI (Dtat. l, Pree. 3, COUDCtlman JOllllMt at Ct Hall conununtty Room. 3400 th laU, 7:00-t:OO P.M. 10/t/'74 • . , •. • •