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Home My WebLink About1993-07-12 (Public Hearing) Meeting MinutesI I ENGLEWOOD Cl1Y COUNCll.. ENGLEWC,OD, ARAPAHOE COUNTY, COLORADO Public Hearing Concrete Replacement District 1992 July 12, 1993 I. Call to Order The special session of the Engl ewood City Council was called to order by Mayor Wiggins at 7 :30 p.m. 2. Invocation The invocat ion was given by City Attorney DeWitt. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wiggins . 4. Roll Call Present: Ab sent: Council Members H0 thaway, Saunders, Habenicht, Waggoner, Wiggins Council Members Gulley, Bullock A quorum was present. S. Also present : Acting City Manager Hayes City Attorney DeWitt Assistant City Manager Reid Public Hear. ng Assistant City Manager Wedding-Scott City Cleric Crow Director Esterly, Public Work s Engineer Manager Kahm, Pu blic Works COUNCll.. MEMBER HA TIIA WAY MOVED, AND IT W A S SECONDED, TO OPEN THE PUBLIC HEARING CONCERNING CONCRETE REPLACEME NT DISTRICT 1992 . Ay es : Council M:mbers Saunde rs, Hathaw ay, Habenicht, Eaatewood Oty Council Special Meetlna Concrete Replacement District No. 1992 July 11, 1993 Paa, 1 · Waggoner, Wiggins Nays : None Absent: Council Members Bullock , Gulley Motion carried and the public hearing opened . Mayor Wiggins stated that the purpose of the public hearing is to receive citizens' input concerning assessments associated with Concrete Replacement District 1992 . All testimony was given under oat h. Director Esterly presented evidence of the required Publication of Notice of Public Hearing which appeared in the Englewood Herald on June 10, 17, and 24 , 1993 . Mr. Esterly explained that the public hearing is for the purpose of considering assessment, for Concrete Replacement District No . I 992 . He briefly explained lhe information in the Assessment Data pamphlet ; i.e., map of the work areas, schedule of the events for the Di~trict , and the typical concrete sections comparing the actual L'sessmcnt unit prices (shown in red) and the estimated unit prices (shown in black). He provided baclcground information concerning the formation of the District, of written notice given to propcny owncn as to the formation of the District, and of this public hearing relative to assessments . He explained that the certified notice of the public hearing also included the exact assessment amount, an invitation to submit written protests, as well ofan explanation of the 5% discount offered for cash payments received , information about an extended method of payment through Arapahoe County and of the deferred payment plan available to qualifying home owners . He stated that September 20 , 1993, is the last day for full or partial payments to receive the 5% discount ; assessments will be certified to Arapahoe County on September 30, 1993 . Mayor Wiggins invited public comment concerning these assessments . Ken Heinle, 512 Ptnnwood Circle, spoke concerning a discrepancy •vhich may have occurred in the assessment on his property, explaining that it appears as if concrete was poured beyond his property line approximately two or three feet. It was directed by Council that the Engineering staff should review this matter with Mr. Heinle to determine the correct assessment . In response to his inquiries, Mr. Heinle was advised that if certified to the County, the assessments will be collected by Arapahoe County Treasurer over a ten-year period at the interest rate stipulated in the assessment ordinance . I Susan Fo rd , 2909 South Corona Street, asked who is responsible for payment of the I assessmen t, stating sh e had purcru.scd her h.ime in July and had not been advised by the previous owners of the assessment costs . City Attorney DeWitt explained that in a standard contract, the scl ler has the obligation to pay for the special improvement. He advised her to contact the title company for further assistance . Ariene Gr1cy, 4363 South Peari Street, inqu ired as to the method used to determine wh at properties were to be included in the Distri ct, commenting about certain properties which appear I I E■alewoocl City Couacil Special Meetln1 CoJtcrete Replacement Dbtrid No. 1992 July 12, 1993 Paae3 to be in worse condition than hen was . Director Esterly responded and i:xplained the method used by staff' to identify those properties to be in the 1992 Concrete Replacement District as well u those identified by the next district pending voter approval for anticipated bonding . Ms . Gracy also spoke concerning the faulty concrete repairs . She stated that the new concrete appears to be in worse condition than what was there in the first place, even though the contractor had made repain at the direction of Engineering staff'. She inquired about the warranty available to the property owners . Director Esterly explained that the warranty goes for two years; he assured her that the concrete will be constructed to City standards before the contractor is released from the contract . He further stated that it is the City's intention to requir e the contractor to perform under the contract and to repair all deficiencies noted in the completed work . It was confirmed the contractor is under bond and is held liable for repain. Ms. Gracy uked about the extensive length of time it has taken to complete this work . Director Esterly explained the process and assured Ms. Gracy again that the contractor will be required to repair the concrete in a satisfactory manner to &5$Ure that the concrete meets City standards . Mark Thom as, 4700 South Ddawan. Street, stated he continues to contend that the City's snow blading process is the main reason his repairs were ncceswy. He objected to being assessed for the repain based on this content ion . He explained that the City's position · !hat the snow blading was not the problem, that it was just natural cr.:ision . He also complained about lack of response from the Engineering staff' concerning his inquiries . Director Esterly defended staff's position that the concrete rq,ain were ncceswy due to deterioration of concrete which is 20-25 years old . There was cxt.ensive discussion concerning the snow/ice removal process . Mr . Thomas requested that council members and ~taff again visit the site and view for tl1emselves the blade damage which has already occurred on the new concrete . He suggested that if damage continues the new concrete will require replacement in four-five years, and he strongly objected to being charged for something which in his opinion is due to the City's process of snow blading . Further discus sion ensued concerning the safety hazards and the necessity of !now/ice removal . It was determined that Engineering staff would meet wit il Mr . Thomas at the site and review the assessment. Director Esterly pointed out that Council. on August 2. 1993, will be considering amendments to the assessments after receiving staff's evaluation of this location as well a:; others . Director Esterly stated staff'would meet with Mr . l 1o, mas prior to the August 2nd meeting . Mayor Wiggins asked that letters of protest received by the City Clerk be entered into the record of the meeting . City Clerk Crow entered five letters of protest. It was confirmed that Council received copies of the five letters ent ered into reco rd. Quadrant No. 1 Arca north or Highway 285 and cast or Broadway None recei • . .:d . Enslewood City Council Special Medias Concrete Replacement District No. 1992 July 12, 1993 Pase• Quadrant No. 2 Area north of Hiahway 285 and west of Broadway None received . Quadrant No. J Area south of Highway 285 and east of Broadway I. Letter dated July 7, 1993, from Arlene A. Gracy, 4363 South Pearl Street . 2. Letter dated July 7, 1993, from H. E . Carleno and Paul C. Carleno, 252 East Chenango Avenue Quadrant No. 4 Area south or Highway 285 and west or Broadway 1. Letter dated July 9, 1993 , from Renee Gattuso, 420 I South Bannock Street 2. Letter dated June 16, 1993 , from Shari and Donald Tracy, 3169 West Grand Avenue 3. Letter dated June 28 , 1993, from Rudy Bcrgrnaicr, 4500 South Lipan Court There being no one else present to spealc to the issue, Mayor Wiggins asked for a motion to close the public hearing. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC BEARING. Ayes : Council Mcmbcn Saunders, Hathaway, Habenicht, Waggoner, Wiggins Nays : None Absent : Council Members Bullock, Gulley Motion carried and public hearing closed. 6. Adjournment COUNaL MEMBER HABENICHT MOVED TO ADJOURN. The meeting adjourned at 8:15 p.m. I I