HomeMy WebLinkAbout1992-03-23 (Public Hearing) Meeting MinutesI
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1. Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOO, ARAPAHOE COUNTY, COLORADO
Public Hearing
Concrete District 1992
Narch 23, 11192
The spec i al sess i on of the Eng l ewood Ci ty Coun ci l was cal l ed to order by Mayo r Wigg i ns at 7 :32 p.m.
2 . Jnvocat1on
The invocat i on was g i ven by Counc il Member Bu l lock.
3. Pledge of Allegiance
The Pledge of Al legiance was led by Hayor Wigg i ns .
4 . Roll Call
Present :
Absent :
A quo r um wa, present .
Als o pre s en t:
5 . Public He a ring
Council Members Hathaway, Van Dyke, Gulley, Bullock ,
Habenicht , Waggoner , Wiggins
None
City Ma nager Fr as e r
City Attorney DeW i tt
Deputy Ci ty Clerk Ell is
Direc tor Es terly , Publ i c Wo r ks
COUNCIL HEHBEA HATHAWAY MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING CONCERNING CONCRETE DISTRICT 11192.
Ayes :
Nays:
Motion carried.
Council Members Bu l lock, Van Dy ke, Hath away, Habe nic ht Waggoner, Gu ll ey, Wi ggins
None
flayor Wiggins stated t hat th e purpose of the pub l ic hearing is to consider the proposed Concrete District 1992 .
Al l testimony was given und r oath.
Englewood City Council Nlnutes
"arch 23, 1992 -Page 2
Director Esterly staled that 612 affected properties were notified by door -
hanger in 1991; 85 citizens had chosen either to participate voluntarily In
the 1991 d1 strict or had taken out perm its to have the work done. He noted
s taff is proposing that 448 properties be Included 1n Concrete District 1992 .
During the regular Council me eting of January 20, 1992 the Public Works De-I
partment wa s directed to proceed with the formation of the distr i ct; the
Resolu tion of Intent to form the district was app r oved on February 17 , 1992.
Hr . Esterly presented evidence of the required Publication of Notice of Public
Hearing which appeared in the Englewood Herald on February 20, 1992 , February
27, 1992 and March 5, 1992. He reviewed the procedure followed by Public
Works to keep the affected property owners informed. He encouraged concerned
c i tizens to contact h is office for assistance. He noted the re is a deferral
program available. He presented the proposed schedule for Concrete District
1992.
Hr. Esterly noted the East Eastman project has an unusual cross-section of
concrete work, as it has a five-inch drop In to the valley, as opposed to the
City's standard two-inch drop. Almost half of the existing concrete in this
area needs to be replaced. He stated some of the property owners had request -
ed inclusion in the 1991 volunteer program . At that tillll! city staff en-
couraged the neighborhood group to petition City Council to participate in
reconstruction of all the concrete to bring the entire sub-division up to cur-
rent c ity standards. He noted the reco11111endat Ion f s that the sub -shndard
concrete be replaced at the homeowners' expense and the City be held respon-
sible for replacement of the •good concrete .• The City's share 1s estimated
to be S60,000 whtc:h Includes consideration of drainage and other concrete
liabilities. The 1992 PIF budget has allocated S170,000 for concrete work.
Council Hember Van Dyke questioned the method to be used I n detennlning which
concrete the City would be responsible for replacing . Mr. Esterly stated the
property owners would be responsible for deteri orat f ng concrete, which has
been Identified, and that the owners were notified In writing.
Council Member Bullock asked that Hr . Esterly provide an histor ical perspec -
tive of the concrete program and address what has been perceived as arbitrary
grading of concrete . He also asked th a t Council Hember Habenicht prov ide an
update of the co11111ittee established to look at alterna tives to the Concre t e
Districts.
Director Esterly provided ge neral background information on Englewood 's con-
crete districts. He stated that, histori ca lly , the City of Englewood has
placed the responsibil i ty of concrete replaceme nt with the property owner .
Mr. Este rl y maintained t hat grading of concrete i s "somewhat subjec ti ve"; he I
e ncouraged cit i zens to call about t heir concern s , s t ating that staff will meet
wi th them to reach a sat i sfactory solution .
Council Me mbe r Habenicht expla i ned that a number of citizens had prote s ted
i nclusion in the 1991 Concrete District and had suggested that Council con -
sider ot he r alternatives for fund i ng replaceme n t of concrete. There fore, it
was det er mined by Counc i l to form a COl1llli ttee , now being establi s hed , to study
the iss ue .
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rn1l1wood C1ty Council Minutes
March 23, 1112 -Page 3
Council Member Waggoner stated he understood that at the time the sidewalk
portion is completed on Eastman, the City would then propose to do something
with the pavement sect I on under the maintenance pert ion of the budget. Mr.
Esterly confirmed the intention to Include it In the overlay project once the
concrete establishing boundaries has been bought up to standard.
Council Member Gulley questioned whether the Ci ty has ever considered address-
ing concrete replacement in the same manner as asphalt replacement, I .e., If
there is already a sidewalk ~,hich needs to be repaired or replaced, the City
would do it from the General Fund. Mr. Esterly stated the City ordinances
assign responsibility for the replacement of curb, gutter, or sidewalk to the
property owner; however, concrete work does not have t o be done in a district
for111at, but it is felt that forming a district Is .,. convl!nience to property
owners. The City could decide to take it over; however, a new funding source
would have to be developed.
Council Member Waggoner mai nta 1 ned that assessments for pilv Ing and concrete
districts are handled differently, as additional items are assessed under the
concrete district, 1 .e. engineering. Hr. Esterly agreed, stating that the
concrete district is self-funded. The entire project including engineering,
staff tll'II!, cost of issuing bonds, and capital to carry the payments for ten
years, is funded. Mr. ~aggoner questioned what the esti ■ated savings would be
1 f the proposed concrete district assess•nts were reduced, as in I pavl119
district. Mr . Esterly stated it would ntduce 1t by about one-sixth. He
pointed out there are significant advantages to individual homeowners if they
choose a private contractor to complete the work. However, so• people prefer
to have the City deal with the contractors. Council Melllber Yan Dyke requested
clarification of the differences between the paving and concrete districts.
Council Metlber Waggoner explained the City picks up some of the cost of paving
districts such as engineering and staff t111e.
Council Member Van Dyke quest ioned the total cost of the Concrete Di strict
1992. Mr. Esterly stated the anticipated assessable portion is $544,000, the
City's share is Sl70,000, for a total of $714,000.
Council Member Hathaway asked what the City's portion included . Hr. Esterly
stated the City has concrete responsibilities, such as replacement concrete at
drive -way entrances to alleys, remova l and replacement of concrete at curb
returns, cross-pan concrete, and concrete alleys in general once they are in
place.
Council Member Habenicht noted homeowners have complained of rapid deteriora-
t i on of replaced concrete. She quest i oned how the City intended to ma i ntain
quality contro l. Mr. Esterly advised the City inspects all concrete work
th roughout the City. Additionally, the Ci ty requires a t wo -year warranty on
t he work from th e contractor . Ms . Habeni cht questioned if all of the met r o
cities have similar concrete programs. Mr . Ester ly repli ed that they do not ,
the progra ms are varied. Dis c ussion ensued .
Council Member Hathaway asked if the City tests the concrete before it is
po ured. Mr. Esterly s tated City standards requ i r e the manufacturer to meet
cert a in r equi reme nt s and periodical l y concrete is t es ted on -s ight, sampl es ar e
Englewood City Council "lnutas
"arch 23, 1992 -Page 4
taken to a laboratory, concrete cyl lnders are broken periodically to insure
strength of concrete, and certfffcates are required from batch plants which
certify the nature of the mlx, the length of time It has been on the road
prior to delivering to the sight , etc. He noted that none of the concrete In
last year 's d i strict t es ted sub-standard . However, there are some cracking
Issues being resolved th is year . Mr . Esterly as su red Ms . Hathaway the City
will pursue quality problems.
Council Member Van Dyke questioned what the savings would be if the Ci ty did
not issue bonds. Mr . Esterly estimated the savings at ten percent .
Council Member Waggoner stated he supports handling concrete districts i n the
same manner as paving districts. Ofscussion ensued regar~lng the cost
difference.
Mayor Wiggins invited those present to speak concerning the proposed concrete
district.
Jeff Dewispelaere, 2060 East East•an Avenue, thanked Mr. Waggoner and Mr. Kahm
for attending a meeting he had at h1 s home the previous aven1ng. He stated
the 111&,jortty of his neighborhood supports the Concrete District 1992 .
However, he voiced concern for the residents at the west end of Eastman who
are being assessed for a large portion of thl district. Mr. Dewispelaere,
encouraged Council to assist them with additional funding if possible .
June Hawkins, 4830 South Pearl, agreed her sidewalk is the "pits.• She stated
in 1977 she had to replace a 10-foot section of sidewalk, it was inferior and
cracked the first week. When they dug 1t out they made a big hole next to the
other 10-foot section. When she con1pla1ned about it, 1t was patched. She
notified the City and was told it was 1nfer1o, concrete and worknansh1p and
that it would be replaced. The sidewalk was never replaced and she stated
this assessment Is unfair. Responding to Council Member Bullock, Ms. Hawkins
stated the City should pay at least half of the assessment.
Amy Coleman, 3901 South Galapago, spoke on beha l f of her father Clifton Cole-
man. She read from a statement prepared by Mr . Coleman . The letter contend-
ed : I) Public Works Department must. maintain everything within the right-of-
way , which includes sidewalks, curt-s, and gutters; 2) the majority of the
damage incurred by sidewalks, curbs, and gutters are made by City crews and
outside contractors; 3) City of Englewood maintains four or five people on
staff solely to work on concrete districts and hires temporary help ; 4) the
Concrete District uses a bond attorney , c ity attorney , and provides the cost
of bond financing which drives up the cost of repairs; and S} the exc us e that
Council passed the ordinance is not a leg i timate reason to double tax
residents.
City Attorney DeWitt noted the letter ra ises two obligations. One is the
obl i gation of the City to maintain a safe r ight-of-wa y· the second obl igation
is created by St ate Law , ~harter, and city code that i ndicat es a responsib ili •
ty on the part of residents to pay for certain improvem ent s in the right -of-
way. The City of Englewood ha s establi s hed a legal obl igation on the part of
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EntllWOOd City Council Minutes
Narch 23, 1992 -Page 5
the resident to ma i nta i n concrete as well as an obligation on the part of t he
resident to i ni t i al l y co nstruct the str eet to city standards.
Colene McC ull y, 5091 Sou t h I r vi ng, stated that when she moved to he r home i n
1967 she wa s adv is ed she was respon si bl e for streets and s idewalks in front of
her pr oper ty . She o bj ec ted to be i 119 assessed for a four -foot s idewa 1 k down
Belleview as she will rece i ve no be nef i t for t he improvement. All she could
fo r esee was an expensive concrete bi 11 , and 150 feet of snow r emova l . Ms .
McC ully pro vided photos of the result of snow removal du ri ng the las t storm
which stacked t he snow in the area of the proposed sidewalk. She feels th at
i t is unfa i r to expect her to pay for this sidewalk or be responsible for the
shoveling . She questioned the need for the sidewalk . She objected to thQ use
of t he doorhanger and the method of mark i ng the concrete .
Counc i l Member Hathaway asked Mr . Esterly for clarificat i o~ of why this par -
t i cular section of Belleview was selected for the C• 'Cre t e Ol strict 1992 . Di-
rec t or Esterly responded that during the process of ide~tifying the wo r st con-
crete In the City, i t occurred to staff that several ar eas of the City had no
s i dewalks at all . There are right -of-way problet1s i n so111e of the areas ind
staff did not feel the problems could be resolved in tinie. However, the home-
owners along Belle'l ieM and Lowell Boulevard were notified of their i nclusion
in the D1stri ct. Council Mellber H1thaw1y questioned which portion of the
sidewalk would be i n the rlght-of-w.:,. Discussion ensued. Ns. H1thaway
stated that SOM of the residents along University had patitioned to have
s1dewal k put in . She pointed out that the homeowners along the sect Ion of
Belleview in question had never requested I sidewalk .
Council Member Gulley questioned whether the sidewalks would be put in next to
the curb on Belleview. Discussion ensued. Ns. Gulley stated she i,as con-
cerned with pedestri an safety, and wondered I f pedestrian traffic along Belle-
view should be avoided.
Council Member Bullock ,1sked City Manager Fraser to provide a cost breakdown
of what it would take for the City to install sidewalk in the right-of-way
along Bellev i ew .
George White, 4364 South Logan , stated he is a new resident and his curbs and
gutters were "a mess when he moved I n.• He was unaware of his respons i bili -
ties as a homeowner to replace the concrete and assumed hi s taxes would pay
for the repa i r. City Attorney DeWitt advised th at the ordinance has been i n
effect for approx i mately 25 years . Discuss i on ensued . Hr . Wh i te stated he
had hi s work appra 1sed separately and In co nj unct i on with a neighbor . By
work i ng togethe r the cost was reduced a 1 i ttle bit . He quest i oned why t he
City cou l d not wor k together and br i ng the cost down. He noted the I nformat i on
he received i nd ic ates t he cost goes up . It was explained that the City does
realize a cost s av in gs by doing the work in volume ; howeve r , adm i nistrative
costs and th e cost o f f i nancin g the work over a period of t i me are bu i lt in t o
t he pr ojec t-
Grace Wome l dorff, 4070 Sou th Hur on , co mplained t hat the i nfe ri or quality and
wo r kmanshi p in the pa s t ar e t he r e aso ns her sidewa lks , cu rb s, and gutter are
Englewood C1ty council N1nutes
Narch 23, 1992 -Page 6
in tho shape they are today. She noted she is a widow wi th a very small in-
come . and she wondered why the City could not take care of the concrete with a
rais e In taxes. Ms. Womeldorff stated she would have the work done, but wanted
assunnce that the work would be done by a go od contractor. DI scussion
ensued.
Council Member Gulley noted tha t whether the City assumes the responsibility
of concrete work or the program remains the respons i bi11ty of the property
owners, the owners still end up paying . The Concrete District is set up to
allow the participants to pay in a lump sum or over a period of ten years. If
the City were to change the ordinance and establish a concrete program which
would be funded through property tax, everyone would be paying forever . She
pointed out that both methods have their good points. Ms. Womeldorff reiter-
ated she was In favor of ra isi ng the taxes.
Steve Lelacheur, 4465 South Galapago , stated he bought his home four years ago
and the concrete in question is In the same shape as it was when he bought the
house. He questioned the qual lty and workmanship of the concrete that was
poured several years ago. He commented that the City does not control traffic
or enforce shoveling of sidewalks after a storm. He asked how the City deter-
mines which concrete needs to be replaced. Council Member Hathaway asked Hr.
Esterly if he had a list of standards used to evaluate concrete . Hr. Esterly
stated the City has specific standards, and that most of the concrete In th1s
district "is way beyond those standards." He offered to provide Nr . Lelacheur
with a copy of the standards.
Council Member Bullock requested a sign-up sheet be circulated for all
citizens Interested In having a representative of the Public Works Department
make an on-s1te v1sit to discuss the concrete conditions.
Virginia S11ith, 3165 South Sherman, asked for the specific location of the
Eastman paving. It was noted It will be between Race and Floyd. Ms. Smith
stated s h had applied for a loan through the Englewood Housing Authority and
wondered i f that was the reason she had been Included In this concrete dis -
trict. She stated other areas of her block, where the sidewalk is buckle , and
raised, should have been marked. Ms. Smith advised t hat she conducted a tele-
phone survey of various cities regarding concrete pr .grams: she found six pay
half or part of the concrete replacement, three are rE sp onsible for all of the
cost, and the City of Denver does not pay at all. She complained that a water
main ruptured in her block a couple of years ago and she co11111ented the stand-
ing water might have had something to do with the deteriorat i on of her
sidewalk.
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Floyd Maez, 3235 S-:iuth Gilp i n, questioned why the C1ty has until October to I
rep a i r the concre '"I:! and the property owners only have unt i 1 June 19, I 992 .
Hr . Esterly stated the City's work wi ll be done th is summer. The deadl Ines
allow staff to identify how much money needs to be bonded to pay for the
project. If citizens indica te ex tra time is required f or their own contractor
to comple te the work , that can be arranged. Mr. Maez wondered what would hap -
pen i f he were to sell his house pri or to the deadl i ne . City Attorney DeWitt
res ponded that once the process has commenced the Real Esta t e Convn i s sion has
determined it to be the se l ler~ liabi lity . He noted th e sel l er could make it
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Englewood C1ty Council N1nutes
Karch 23, 1992 -Page 7
the responsibility of the purchaser and referred Hr. ~aez to his real estate
broker or attorney for advice . City Manager Fraser explained the sc hedule is
intended to depict t he deadline for completion of all construct i on activit i es .
He noted if anyone feels they need time beyond the June 19th deadline, the
City will work with them . Hr . Haez conmented this district will prove to be a
hardship for Englewood 's senior citizens, and that the City shou l d be respon -
sible for the concrete work.
Andy Kuvschzu, 2779 South Washington, expla i ned his neighborhood has a "coun -
try feel " as the lawns are manicured to the curb and gutter area. He noted
the majority of his ne i ghbors are not interested in being included in a con-
crete district, and he -submitted a petition to that effect. l'.e stated it is a
low traffic area, and is no t a through street. It was confirmed that his
neighborhood was scheduled for next year 's d i strict and there are no existing
sidewalks at this time .
Merle White, 2719 South Washington, noted in 1988 his taxes went up 14~. in
1989 -12~, in 1990 -l~, and 1n 1992 -12~. He stated his home 1s worth less
now than it was in 1985. Counci 1 Member Van Oyke noted that 1 1 ook at the
breakdown of property taxes would show City of Englewood taxes nave remained
stable and consistent with tha average tax between $60.00 and $75.00 a year.
Mr . White stated he was not complaining about the increases, but they have
increased . Council Melllber Van Oyke ewipath1zed as she has experienced the sallt!
problea with property values. Mr. White stated he did not 11ind paying, but
not everyone can afford to PilY-He also stated he does not want a sidewalk In
his neighborllood.
Larry Lloyd, 2739 South Washington, stated 15 families live on his block and
none of the11 desire a sidewalk or want to pay for one . The street Is 36 feet
wide and one block long. He noted there is I problem with elevation as all
the properties slope uphill. He objected to a four-foot sidewalk. City At-
torney DeWitt clarified that Council would nee<! to detennine the need for a
sidewillk. Hr. Lloyd asked that Council de!'.ide a sidewalk is not necessary.
Discussion ensued regarding the City's H'ability if the sidewalk wa s not
built . Council Kember Habenicht asked Mr. Lloyd how he would feel about the
City assuming the responsibility for concrete and increasing taxes, particu-
larly if he would not be required to have a sidewalk . Mr. Lloyd stated he
would support a tax increase.
~ayor Wiggins asked for a show of hands of those supporting a tax increase to
support a concrete program.
Council l'.tmber Van Dyke pointed out that concrete replacement at the property
owner 's expense has been on-going for 20 to 25 years . She asked if there is
conc e rn that half of the City has pa i d for their concrete and now would be
taxed to mainta i n concrete throughout th e Ci ty . The follow i ng comments were
made from the audience : they do not wan t the district ; they are wi ll i ng to pay
for it t hrough taxes ; even though some cit i ze ns may have paid for prev i ou s
concr et e, e veryone eventually will have to have it done aga i n; "i f i t 's broken
t hen we shou l dn 't keep i t brok en, if it 's broken let s f i x it."
Eng1ewood C1ty Counc11 N1nutes
Narch 23, 1992 • Page 8
Jeff Dewispelaere stated he considered thi s more of an insurance policy than a
tax for everyone who has concrete In place or needs concrete.
The issue of property tax increases was bought up again . Mayor Wiggins
re1terated that the City only realizes $60 or S75 of the property taxes, the
rest goes to Arapahoe County and the school district .
Julie Grazul l s, 4489 South Lincoln, stated she lives on a corner. She is close
to a "Park-N -Ride" so there are cars there from 8 :00 a .m. to 5:00 p.m. six
days a week . She noted street sweepers cannot clean properly which has ca used
deterioration of her sidewalks. She stated it is unfair that she has to pay
for others to park their cars on her corner.
George Allen, 2799 South Downing, stated he was not included i n this district.
He noted that concrete in the older districts is beginning to break up and
wil l have to be replaced by citizens who are least able to afford it. He
recommended that the whole city be assessed a mill levy and that a trust fund
be established to replace the concrete . Mr. Allen stated he has been part of
a previous district; that hi s concrete 1s beginning to deter i orate. He stated
that even though he has already paid for concrete work he Is in favor of a tax
i ncrease .
Mark Thomas , ~700 South Delaware, stated he has a corner lot with 125 feet of
concrete that needs to be replaced. In his optnion, snow ret110v1l blades have
contributed to the deter1oration of his curbs. He voiced concern for the bur-
den this will be for senior citizens. He supported a tax increase as a ~eans
of funding the concrete district. Mr. Thomas added that he was unaware of
this program even th~ugh he has been a realtor and resident of Englewood for
over 18 years.
Noreen Begordis, 5C 9S ·outh Hawthorne, submitted a petition s1gned by the
property owners affvted by the proposed sidewalk along Belleview in opposi-
tion to the assessed c!l arges. She noted that several garages have "shifted
away from the ends of their properties because of the trucks that use Belle-
view.• She noted the snow 1s sometimes four-feet deep from the snowplows.
Hs. Begordls stated she is on Social Security Disability and cannot afford to
pay for this work .
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Thomas Gibson, 4801 South Inca, stated he lives on a corner lot at Inca and
Layton. He noted Layton ls a collector street which the City pl ows and salts
heavily . He stated the graters have gouged the gutters . He noted all of the
damage on Layton Street is of a "concrete rot nature" caused by salt entering
the concrete which then allows moisture to enter which in turn contributes to I
concrete deteriorati on . Additionally, when there is i ce along Layton, City
trucks, in an attem pt to improve drainage, run the i r truck s up and down the
streets with the tires in the gutter. Mr . Gibson stated he un de rstood In pre-
vious paving districts tha t side street work was "propor tionate" half-way down
lhe bl ock. He not ed his sidewalks are not useful to him , only to his neigh-
bors who wa l k. He felt si dewalks are a liability to homeowners. He sup port ed
the pro pe rty tax inc r ease to fund th e concrete program. Mr . Gibson asked why
t he City has not put a si dewalk along Belleview Park. Mayor Wiggi ns expla ined
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EngllWOOcl C1ty Counc11 N1nutes
Narch 23, 1992 -Page 9
that the City has long wanted a sidewalk along the park but that Bellev iew is
a state highway under the control of the State Highway Department.
Oan Cleme ns, 5024 South Huron, stated he supports an increase i n property lax-
es to pay for concrete assessment s, that payment through properly taxes would
solve quite a few problems, which he enu mera ted. He volunteered to serve on a
citizen's gr oup or committee to establ ish a program whereby concrete is paid
for through tax assessments .
Nancy Lewis-Lentz, 3200 South Gilpin, stated she bought her house a year ago
and did not notice the concrete was patched. Now she is faced with 60 feet of
concrete repairs on her corner lot. She complained of engineering which had
created poor drainage . Ms. lew is -Lentz explained why she cannot 1fford this
assessment. Mayor Wigg Ins encouraged her to contact Public Works regarding
the drainage problem. She stated she would be willing to pay 5~ of the re-
pair costs, and 111aybe a tax could be assessed to assist those citizens on
11ml ted incomes.
Al Rich, 2891 South Logan, noted he was involved in a paving district In 1980.
He stated he would be better off if he were simply charged a mill levy In-
crease "until he dlas" to pay for the concrete and paving. He thought every-
one should pay, and the City should take care of it.
Linda Bicknell, 7g5 West Nassau Way, stated she is a new homeowner and works
three jobs. She complained that she is being asked to repair a sidewalk that
is a city easement. Mr. Esterly stated that staff would be glad to meet with
Ms . Bicknell .
8111 Hantei, Pastor of Centennial Lutheran Church, stated they are being as-
sessed S10 ,000 for concrete repair. He asked for an explanation of two state-
ments made during the Public Hearing -that the City has a law which requires
concrete sidewalks around all pieces of property In the City versus the com-
ment that It is up to City Council to decide If, for instance, there would be
a sidewalk on Belleview. City Attorney DeWitt responded, explaining that
City Council determines when a sidewalk will or will not be installed . Mr.
Mantel asked if Council has decided to have a sidewalk at Belleview and Low-
ell. Mr. DeWitt stated the process is that staff makes a recommendation after
determination of safety factors. City Manager Fraser stated that this is the
purpose of the public hearing process . Hr . Mantel stated he has noticed in
some areas sidewalks are only required where the houses face busy streets. He
asked what the people should do to be exempted from the program. Mayor Wig -
gins sta ed that they should request to be removed from the district. Mr.
Wiggins noted that the federa l government , through the American Disabilities
Act, has given the City a mandate to pr ov i de handicapped accessible sidewalks.
Gwynne Massengill, 5091 South Hooker, questioned Mr. Bullock about a comment
made prior to the meeting. She had asked him about snow removal and he had
stated "we 've got you covered', she wondered what he meant. Council Member
Bullock responded that the City is respo nsible for sno w removal on all
thoroughfares in the City, not the sidewalks of individu al residents, and that
the side streets are taken care of when possible. Mr. Bullock understood the
question addressed snow removal from thorough f ~res. Ms . Ma ssengil 1 stated
Englewood City Council "lnutes
Karch 23, 1992 -Page 10
tha t was not t he point she was trying to make . She stated Belleview Is a
five-lane highw ay which is plowed by Englewood , Little ton and the State .
The r e fo re, in a 12 -i nch s now you have a 36 -i nch pile of sn ow, slush and ice
along the properties . Hr . Bullock felt th i s was a legitimate concern . Ms. I
Masseng i ll expressed concern for the safety of pedestrians that would us e the
s i dewalk . She noted the Englewood side of Belleview is flush -up aga i ns t the
traffic which proves hazardous . She felt the assessment is an unfair burden
to the hom ~owners . Hs . Ma s seng i ll ask ed how quick l y Publi c Wo r ks would
re s pon d to the peop l e who signed up to be contacted ; Mr. Es terly responded
they would be contacted during the next five work i ng days . She asked when
there would be another coun c il meeting to discuss a property tax increase.
She was advised Council's next meeting would be April 6, 1992 . Hs . "assengill
asked how not i ce would be given on the status of the d i strict. Council "ember
Hathaway explained that if Council elects to create the d i strict she would
receive a certified letter. Ms . Massengill questioned how the citizens would
have a voice in creating a mill levy assessment. City Attorney DeWitt stated
a mill levy would be done by general ordinance, and the property owners would
receive notice approximately the mi ddle of January with the tax statement .
Counci l Member Hathaway stated it could be done by a vote of the people . City
Attorney DeWitt stated it could be done in that manner, b\lt an election could
not be held this year because of the previously scheduled elections, that It
would have to be next year . Ms . Hasseng111 asked if the concrete di strict
could be postponed until the mill levy issue Is addressed. Mayor Wiggins re•
sponded affirmatively , City Manager Fr a ser stated he would plan to notify all
persons Involved In th i s year's distr ict of any actions taken by Council with
respect to the district .
Rick Bicknell , 795 West Nassau Way, que s tioned how Council would reimburse
those people who have volunteered and paid for their concrete. He was advised
they would not be reillbursed . Council Member Yan Dyke comiented about the
inequities of going to a system which raises the 111111 levy. Mr. Bicknell
stated this should have been thought out and addressed earlier . City Manager
Fraser agreed this is part of the question Council faces. Council Member
Habenicht noted these ire some of the questions and complexities that the
Council col'M111ttee wi ll be studying , l ooking for different alternat i ves.
Council Me111ber Gulley reiterated previous comments that "at some point every •
one who bought it last year will be buying it again .• She stated Council
needed to determine which plan works better. She agreed there are inequities ,
and that Council needs to look at the alternat i ves for po s s i ble improveme nts .
Larry Lloyd as ked i f Counci l cou l d deve l op a trash se rv i ce pr ogram along wi th
the concrete program, suggesting how bo t h could be paid fo r. He noted Denver I
does not pay for s i dewalks and t hey do pi ck up trash . Cou nci l Member Bul l oc k
po i nt ed out the di spa rity between Eng l ewoo d and Denv er ta xe s. st ati ng the Ci t y
of Englew ood t axe s are amo ng the lowe st , if not th e lowes t In t he entire me t ro
area . Mr . Lloy d su ggested Engl ewood consid er gett ing a "bigger piece of the
pi e from Ar apa ho e County.•
Th er e being no one else present to s pea k t o the i ssue , Mayor Wiggi ns a s ked for
a motio n t o cl ose t he pub l ic heari ng .
I
I
Englewood C1ty Council Minutes
March 23, 1992 -Page 11
COUNCIL MEMBER BULLO CK MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC
HEARING.
Ayes:
Nays :
Hotion carried.
Council Hembers Bullock, Van Dyke, Hathaway, Habenicht
Wag gone r , Gulley, Wiggins
Non e
Hayor Wiggi ns expressed thanks to those present.
6. Adjournment
COUNCIL MEMBER HATHAWAY MOVED TO ADJOURN. The meeting ad j ourned at 10:07 p .m.