HomeMy WebLinkAbout1991-03-25 (Public Hearing) Meeting MinutesI
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ENGLEWOOD CITY COUR,IL
ENGLEWOOD, ARAPAHOE COUN"fY, COLORADO
Publ tc Hearing
Paving District No. 34/Concrete Replace~ent District No. 1991
t'i , :h 25, 1991
Call to Order
he special session of the Englewood City Counc i l was called t o or der by Mayor
an Dyke at 7 :30 p.m .
Invocation
l he invocation was give n by Council Member Wigg i ns .
Pledge of Allegiance
Th e Pledge of Allegiance was led by Mayor Van Dyke.
Aol l Call
Present:
Absent:
A quorum was present .
Also present:
Council Members Hathaway, Koltay , Wiggins, Bullock,
Clayton. Habenicht, Van Dyke
None
Assistant City Manager Martin
City Attorney DeW itt
Deputy City Clerk Ell is
Director Es ter ly , Public Works
Off i ce Engineer Ka hm, Public Works
2. Mayor Van Dyke stated that the pur pose of the pub li c hearing was to
consider the proposed Paving Distri c t No. 34 and Co nc re te Replacement District
No : 19 91.
All witnesses we r e duly sworn prior to presenting comm ent s .
Off ice Engi neer Kah m. Pu blic Works. s tated he wi 11 serve as Project Manager
for the Propose d Specia l Impro ve ment Districts. The proposed improveme nt s are
loca ted throughout t he Ci y and include s treet, avenue and al l ey
econs l r uc t ion; man datory and voluntary con crete re place ent; infrastructure
improveme nts; and a new Industrial sub-division in Eng l ewoo d. Mr. Kah m
pro ided gen era l ba c grou nd in formation on Eng l ewood 's Pavi ng Di strict
P·ogram . The City of Englewoo d orig inall y i nitiated pa~ing d is tri c ts in 1956
1n an effor t to get a 1 the streets pa •ed t o Ci s anda r ds. Si nc e 1956, 27
paving dis rt e shave been s 11 ccess f ul ly f ormed and construe ed. To date 94 %
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Englewood C1ty Council Heet1ng -March 25, 1991
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o f the Ci ty streets have bee n built to adopted standards. The 1991 esti mated
r e placement val ue of the se im provemen ts exceeds S20 million. In 1983 Council
re quested staff to develop an organ ized program to complete co nstruction or
r econ s lnic lion of all re main in g s t r eet s i n our y s ~m. A te n-year pl an was I
presen ted and approved al that li me . Th is year 's program i s year fi ve of the
te n-year plan. New to thi s yea r 's pro gr am I s the i nclusion of prop ose d
_rn cr e te Repl ace ment Di s ri ct 1991 . Or d i nan ce No. 31 of 19 62 , encompassed
eg l s l a i on that ade the ma in e nance of curb , gutter and s idewalk on city
rig l1t -of -w y th e ,·es ponsibil ity of ad j acent properly owne r s . Hr . Kahm st ated
hat the general co ndit io n of concrete within the co mm un i l y has bee n on a
s eady de cline for many ye ars ; of approx i ma te ly 10.000 prope rt i e s wit hi n th e
City, over 4 ,000 demo ns t "e te at least some adjacent con cre t e in a serious
state of disrepair . Si nce manda to r y concrete re pairs under existing
ordi nanc es can create liens , genera l l y payable within one year , i nclusion of
needed rep a irs in an i mprovement district, such as this proposed sidewalk
district, with an optional ten -year payment per i od should make compliance more
pala t able . Provisions have been made for citizens to volunteer for the
i nclusion of their def ici ent concrete which will r educe the need for the City
to i nclude t hem in futu r e mandatory replacement pr ograms. He explained the
Oistrlct is d i vided in to three zones, Zone 1 is Paving District No. 34 which
co nsists of the stree t and alley reconstruction; Zone 2 is the Concrete
Rep l acement portion of the Dis tri ct, both manda t ory and voluntary; and Zone 3
ts the developer portion of the project. He ~iscussed the cost breakdown for
each zone. Mr. Kahm d i scussed cost and assessment information , timetable and
ethod of payment. The Special Assessment Deferral Program was explained.
Hr , Kahm presented specific Information on the type of pr oposed Improvements
which would be i ncluded in Paving District No. 34/Concrete Rep l acement Distr ict No. 1991.
Council Membe r Hathaway questioned the percentage differ ence between the cost
of concrete in Zone I and 2 . Hr . Kahm stated t hey are estimating Zone 2 will
run 15¾ high e r , as it had been determined that the concrete replacement is the
r esponsibi l ity of the owners who would he held responsible for costs
associ ated with inspection , engi neering , and additional miscellaneous costs of
the Di s tr i ct.
Cou nc il Member Wi ggins not ed in Zone 2 a corner lot ma rked for replacement
st ati ng he understands the C1ty would bear the cost and it would be
andica pped access ible. Hr. Kahm agreed and explained the City is re sp onsible
f or a ll of the pavi ng in street and al ley i ntersect i on s , as well as the
co ncrete t hat falls wi th i n that square at the intersection or wi t hin the
r ec t ang l e at the a l l ey way. He sta ted that whenever the Ci ty is i nvolved wi th
repl ~cemen t of a r adiu s . i t will be made han dicapp ed access ib l e .
r . Ka hm addre s sed co ncerns r eg a~dtng the con c r e te ar kin gs .
~r . Kahm p1·ovide d a qui c k ov erv iew as to the st andar ds us ed i n mark i ng the
co nc re t e; and he lis ted t he gui deli ne s followe d in de e r mi n i ng if con crete
·e placeme nt is and ator or marg in al . He pointed out ha t if the r e a r e
co ne m s r egardi ng t he ar kin gs . his s taff would be more th an wil ling t o meet
,1 t h the owner s in the ield .
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En g 1e1otoo d City Coun,1 1 Kilt>\·••• ftarch 25, 1991
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Cou ncil Me mber Kolt ~, s tat ed he had obs erved, in some areas of the Dis trict,
concrete on one corner had been arked whi ch would be handicapped accessi ble,
ye t th e a l te rnate t hree cor ner s were not marked. Mr. Kah m explai ne d that
beca use of the fund i ng avail a bl e on th is pro ject, re t ur ns which are in good
cond iti on would not be replaced ju s t for the s ak e of i nstall i ng a handi c ap ped
fac i 11 ty.
Council Member Clayton me ntioned he had not iced a numb er of dete ri orated
gu t t ers and suggested as an a lternat i ve to replacing the entire curb and
gutter some type of "asphaltic sealant " or some oth er way of pav i ng over the
911 tters. Mr. Kahm noted that over the years there has been a re luctance to
put asphalt i n gutters, as the two products do not go together. He stated i t
is hard to kee p asphalt down on con crete , part ic ular ly where it would be
con ti nuous l y e xp osed to wat er .
Counci l Member Clayton a s ked Mr . Kahm to de sc r ibe in deta il the real problem
with de teriorated gutters . Hr . Kahm stated the concern i s as it deteriorate s
it dro ps below the asphalt level and in most residenti al streets there are
only tw o inches of asp ha lt . The seal which ke e ps moisture ou t from under th e
base and sub-grade of the s t reet is under the two inches of asphalt. Mr. Kahm
ad dr essed the problems encountered with conc r ete deteriorating. He stated the
City has done everything possible from a quality control standpoint; further
that contractors are requ i red to give a two -year guarantee .
Council Member Wiggins asked if homeowners would be held responsible, if in
the cou r se of taking a cut to replace a vertical curb, they damage the
sidewalk adjacent to the vertical cut . Mr. Ka hm conf i rmed they would be held
respons ible for the ir negligence . He cautioned owners that if they hire
contr ac tors they should make it clear to the cont r actors , that if the asphalt
i s in good co nd i tion and is damaged due to neg l igence, they would be held
responsible.
Mayor Van Dyke i n, : ·d pub li c commen t, stating that all co mm ents made at the
pub I ic hear in g wou ·. ··e take n into cons i de r ation by the City Counc il. She
exp lained that comm ~. ,swill be ta ke n on a street -by-street ba sis.
ZOtlE l (PAVING DISTRICT NO . 34)
I. 3800 South Delaware St re et
Wid en pav ing to 40 ' (6 & 2). Insta ll VC & G with 4' wa l k on ea s t and west
s i des .
J a es E. Kelle 3876 South Del aware . th ank ed the Co uncil for the ir decisi on
;---f9BB o remove t e 3800 bock o De l awar e fro m Paving Di st rict No . 33 . He
s lated he would not be pro testi g the pr op osal to pave the s treet, but he did
e pre s s concerns . Mr. Kelley noted the 3800 blo ck of South Delaware t s
s ig nifi cantly narrow er tha n he 3700 and 3990 block. and he wi shed to have
:h a t cor r ec ed. He al so hoped the City wo uld s t rive t o achieve a littl e more
co ord i nation" wi h thi s Pa i ng Dt s r ic a s oppo sed t o what occurr ed dur i ng
Pa i g Di str i ct No . 33. He que s ioned Ir. Kah m as to ho1 much o f h is frontage
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Engltwo vd City Council "eating -March 25, 1991
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will be taken to widen the street. Ray Creighton, Engineering Construction
Inspe c tor, responded to his quest i on .
Ma r Trouth 3868 South Delaware, asked I f the crown wo11ld be taken out of the I
s treet an the ut Illes owere . Mr . Kahm stated the intent would be to put
In a s tanda r d crown, which i s consid erably lower than what they have now. He
advi sed her that current information indica tes the ut i litie s should not be a
prob lem. Ms. Trouth questioned whethe r her neighbor would be required to
remo e his trees at the corner of 3800 South Delaware an d Lehigh. Mr. Kahm
cited the City 's policy on trees, which Is every attempt is made to save the
tree s . However, there is a tree replacement pr ogram in the paving district.
If the owner desires to have the trees removed, the City w111 pay for removal
and replace t he m with a I 1/2" t o 2" tree. Mr. Kahm stated It is generally
the owner 's choice. She asked if homeowners would be reqLlired to obtain a
permit to remove the concrete . Hr . Kah m answered that if they do their own
work or hire a licensed bonded contractor a permit ls needed from the
Engineering Division. Mr. kahm confirmed that curbs have to be replaced with
new concrete.
Co uncil Me mber Hathaway clarified for the citizens that the cost of relocating
util ities is borne by the City. She also noted the City will be doing any
necessary removal and replacement of utilities while the street is torn up .
2. 000-100 West Kenyon Avenue
Construct 32 ' wide paving (6 & 2 ). Remove and replace concrete where
necessary.
No comments.
3. 3100-3300 South Platte River Drive East
Construct 40 ' wid e paving (8 & 3). Install Type B Industrial concrete on East
side. Install VC & G on West side.
Robert Roy, spoke on behalf of his parents who own most of the property in
this area. He expressed concern with the high water tab le , and stated asphalt
dete r io r ates very qu ickly because of the ground wa te r in the area . He is very
conce r ned about putting al l the concrete i n and then be i ng held responsible
for r ep l ace ment on a con t in uous basis. His pare nt s' assessment will be
555,000. He pointed out the ti metable was very re s tri live.
Counci l Member Bu l lock asked Mr . Kahm i f the City wa s in a posit i on to offer I
engineering assistance , or t o provide Hr . Roy with diagrams of the s treet ,
etc . Mr . Kahm stated that at this point in time we have not completed the
preliminary survey on South Platte River Dr ive . During preliminary mater i als
tes ting on South Platte River Drive the ground wate r Mr . Ro y spoke about was
no enco untered. It has also been determ i ned by dynaflect testing that the
e xis t i ng roa dway may be ut ilized a s pa rt of the sub-grade .
r . Ka h~ advised that the St ate Hig hway Depa rtm ent will be putting in two
TaJor sa ar se wer l in es in South Pla e Ri ver Dr iv e. Wor k may no t s tart on
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Englewood City Council Meeting -Narch 25, 1191
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South Platte Ri ver Drive until August, an d ~" Roy h.is been .idvlsed i t o<'l11ld
not be a problem for him to take a permit oft er the June 7, 1991 cut -o ff date.
Mr . Kah m advi s ed that the Utilities Departm ~t is extending an elgh •Inch
water main from Dartmouth, almost the length of Platte River Drive , to connec t
with an exis ti ng eigh t-i nch main the Roy 's p· · in several years ago .
Co uncil Member Habenicht asked if deferrals we re ava il able to the owners of
industrial or commercial property. Hr. Kahm explained that there are i ncome
and asset guidelines.
Council Member Clayton wondered, given the problems with Platte River Drive ,
i.e., state improvements, additiona l utilit i es , if it is prudent to include
this area in the paving district. Hr . Kahm stated efforts have been
coordinated with Utilities and the State Highway Department for many months,
and starting in mid-August would g ive adequate t ime.
Responding to an inquiry from Council Member fbth away, Hr . Roy explai ned hi s
pare nts own approximately SO% of the frontage on South Platte ~i ver Drive .
4 . Alley East of 4800 South Broadway
Construct 14' wide concrete alley paving. Tie in existing driveways as
necessary.
No coirments.
5. Alley Ea st ~f 3700 South Ac011a Street
Construct 14' wide concrete alley ~aving . Tie In existing driveways as
necessary .
Joe Saracino mana er of Richard's Motors 3787 3809 South Broadwa , read
into t e record a et er rom R. A. un , the owner o
support of the proposed Paving Di strict No. 34/Concrete
Council Member Clayton complimented Richard 's Motors on I ts ne at appearance .
He also app rec ia t ed the comments made by Hr. Spara cino .
Thom as Pelton, 3735-3737 , 3739 South Broadway , was concerned that once his
alley is paved the water will run-off into his yard . Mr. Kahm stressed that
special attention to adjacent properties is given to all designs. He
explained the standard al ley sec tion is a •v• sect ion with the center of the
alley carrying the water 3 1/2 inches below the outsides edges of th e alley .
Hr. Pelton further expla i ned his situation. Mayo r Van Dyke s uggest ed t hat
st aff reevaluate this parti cular alley to see if something cou ld be
im plemented in the construction i n order to al leviate th e prob l em. Mr. Kahm
stated. when they are aware of a situation like this , th ey can make
modifications ~o provide positive dr a inage.
6 . Al l ey East of 3600 Sout h Elati Street
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En9lewood City Council lleet1ng -Narch 25, lffl
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Construct 14' wide concrete alley paving. T1e In eM1sting driveways as
necessary.
Tom Sarton residen la Parada A artments 3655 South Delaware ,
state t ey ave pa e bac . He wante to know I t e City will I
cut or tie in to their parking lot when the alley Is paved. Mr . Kahm recalled
the entire length was paved, and a perfect match is not always poss i le. but
they wil l do wha t the y can to ~atch the d•sign .
Deputy City Clerk Ellis noted a l etter of prote s t had been received from Jack
Kar ford , owner of property at 450 West Jefferson . The letter was entered~o
the record .
ZONE 2 (CONCRETE REPLACEMENT DISTRICT NO . 1991, ANO VOLUNTEER CONCRET )
Deputy Ci t y Cl erk Ellis stated a petition had been filed with the City Clerk
containing 109 s i g~atures , represent i ng 83 prope rties In various sec tions of
Zone 2, protesting the Concrete Replacement 01strl~t No. 1991.
The petit i on c irculator, Jeanne McW i lliams, came forward and stated she was
appearing on behalf of her mother, who owns property at 3795 South Grant
Street . Ms. McW illia~s and her •other circulated the petition . She stated
that no one she talked to objected to replacing truly damaged concrete, but
they are concerned with the way it is marked. She c i ted several
i nconsistencies In the marked concrete. Ms . McWllliams emphasized they are
very concerned that the homeowner Is held entirely responsible for the cost .
She discussed a survey she had conducted among other cities regarding payn1ent
pr oce dures and she noted Englewood is the only City , as far as she could tell,
tha t assesses the ho,neowner 100%. She had provided Council with copies of her
survey. She stated t hat wi th the help of City of Englewood staff i t had been
determ i ned , based on the assessed net value of property tax revenue, in order
for Englewood to raise S200,000 the tax levy would have to be increased by .8
mi lls . Ms . McWl111ams understood the con rete was recyclable, but questioned
the Im pact on the environment. She expressed the opinion that many of the
ol ~er generat i on will not borrow money and would consider the deferral program
a source of d i shonor , as they would pass an estate on to their children with
debts attached. In conclusion , she requested that nothing be done until th e
concrete was r easses sed .
Co unc 11 Member Clayton asked for the fotal value of the c oncrete to be
replaced . r. Kah m stated he did not have the bre akdown for Zone I. How ever ,
in Zone 2, th ey are look ing a l ass e ssments totaling as muc h as SJS0 ,00 0 ,
r epresen ti ng 417 homes . Hr . Clayton add r essed some of Ms. McWi1 11ams I
conce rns. He sugges ted that other cit ie s may s ay they ma in ain the concrete
at City exp en se ; but the f act Is that 's the item that gels cut out of the
bu dget and nev er gets done . He did agree the City need s to r ee valuate th e
concrete th at needs replacing.
Ms . McW i 11 i ams responded t o cormien t s made by Co unc i 1 Me be,· C 1 ayton.
Council e ber Habenicht s l ated she would like to see the City ake over the
conc1·ete replace ent cost or a le ast pay a portion of e assess en . She
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Englewood City Council lleeting -Nlrch 25, 1991
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asked Hr. Kahm if the concrete replacement was done on an ongoing basis, with
the City doing the work , would the cost be as high; he stated yes. Discussion
ensued .
Counc il Member Hathawa y reminded t he citizens of the 5% discount tnat wi ll be
offered for prepayment .
Counci l Membe r Kolta y thanked Ms. McWl l ll ams for her efforts .
Cou ncil Membe r Wi ggins st ated he appreciated Ms . McWill iams efforts . He
commented t hat he had walked the district and noticed that several houses ,
where people had signed the petition , had no marking~.
Ms . HcW i lllams responded to Council Member Wiggin s.
Mayor Van Dyke assured Ms. HcW illi ams that her concerns would be addre ss ed.
She noted It w~s clear there Is some concrete that needs to be done and there
is concern wi th equity and consistency . Mr. Kahm's staff is willing to work
with each citizen Individually.
Discussion ensued between Council Member Hathaway and Hr. Kahm regarding the
history of concr ete replacement in Englewood.
Ms. HcWlll lams took I ssue with the required two-year guar ·antee on concrete.
Mr . Kah~ stated a two -ye ar period provide s two complete winters, with all the
freeze/frost cycles, to evaluate the concrete .
Council Member Hathaway stated the City has successful ly sued contra c tors for
concrete that was not up to standard after two years .
I . 3700 -4200 South Broadway and 15 East Quincy Avenue
Deputy City Clerk El lis entered into the record a protest letter received from
Dennis R. Clelan~, Flo Controls, toe ., 4242 South Broadway; she advised that
one person from this area had signed the petition submitted by Hs. McWllliams.
Mr. Cleland came forward and advised Council his major concern was the fflelhod
in ~hi ch the concre te was marked . Not al l of the concrete marked for
mandatory replacement Is damaged beyond minor cracks. He does not believe the
damage equates the cost of r eplacement. In the current economic situation , he
does not feel t he City sh ould re quire wo rk to be done that i -; not essential .
e obj ect s to paying for unnecess~ry repai rs. He strongly protested being
inc l uded in t his replace~en t progra m. He ag reed with Ms. McWil li ams
co ncerning the markings being haphazard , but he concurrfd that some areas on
Br oadway should be repa ired, but no all of those marke <. should be consid ered
mandatory .
Counci l Me mber Clayton co ented tha he had i ns pected the conc r ~te at 4242
Sout h Broadway , and ag r eed wi th Mr . Cl eland's ass~5smen of the situat io n.
2. 370 0-420 0 South Linc oln Stree
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Englewood City Council Meeting -March 25, 1191
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James Naron Pastor of En lewood First Assembl of God 4101 South Lincoln,
expresse concern a out t e qua ity o war , an e spec, 1ca y requeste
thick e r concrete be installed because of the park i ng lo ts on both sides of the
bu i lding . He confirmed he realized there wou l d be i nc r eased co s ts . He
i nquired about having another entrance tnto the church parking lot on the I
Ox f or d si de . Mr . Kahm agreed t o meet with Mr. Naro n in th e field to ascertain
e ac tl y wha t t he church want ed . Mr . Naro n Inq ui red i f owners of t r ucks wh i ch
da mage co nc r e t e ar e e ve r held resp onsi bl e for th e da ma ge ; Mr. Kahm advised
ha t when t he i nci dent Is report ed and c an be ve ri ri ed . some s uccess in
collec t ing damages has be ~n exper i enc ed .
De puty City Cl e rk Elli s 1dv l sed there were four ~~ople fr om th i s area who
s igned th e pe ti ti on c i rc ulated by Ms . McWill i ams.
3 . 3700 -4200 South Sherman Street and 240 r asl Oxford Avenue
Deputy City Clerk Ellis advised that one letter of protest fr om this area had
been received from Curt Lorenzen 3965 South Sherman. Copies of the letter
were provided to City Council . In addition, nine people from the area signed
the petition c i rcul~ted by Ms. McWilliams .
4. 3700-4200 South Grant Street
Deputy City Clerk Ellis advised that two protest letters had been received :
one From Helen R. McWilliams, 3795 South Grant Street, ind one from Realendis
Grow, 3858 South Grant Street; in addition, 24 people from the area signed the
pet i tton c I rcul ated by Ms. HcW i 11 i ams .
5 . 3700-4200 South Logan Street and 399 East Nassau Avenue
Jim Hagan 4188 South Loll!!!, requested to meet with Hr. Kah~ in the field to
discuss his di f ferences wTth the proposed replacement of concrete.
Deputy City Clerk Ellis advised that 13 peopl~ from the area had signed the
petition circulated by Ms. McWilli~ms .
6 . 3700 -42 00 South Pennsylvania Street
Ge or e Ole 4129 South Penns lvanla Street, s t ated he ha s been a resident for
Ts mont sand has received the impre ss ion that "somebo dy in Englewood i s doing
some t hi ng ri gh t ." However. he stated he is concerned about the concrete
re pl acement progra m. He co mmented upon the decr ea sed t ax r eve nu e s an d t he
po or economic s ituat i on which has bee n experienced for th e pa s t few year s . He I
was conc erned about t hos e ci t i zens who might find t h i s an extreme hardship,
es pec i al ly und er the t im eframe pr op osed and the la rge unbudget ed expense to be
incurred. He s t ated he and hi s fa lly walk t h~ a r e a quite ofte n and have
fo und onl y a few are as which ar e bad enoug h to rep l ace as m~st of the con c r e t e
in his are a i s smooth. level an d e asy t o traverse . He comm ent ed that som e of
the olde r concrete ha s s t oo d up better t han th e newer an d he did not feel the
olde1· concrete sl1oul d be repl aced u~t i l absolute l y nece s sary. Ev en t hough he
has chosen not to protest his asses!ment, he stron~l reco mmended th at t he
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Englewood C1ty Council Meeting• Narch 25, 1991
Page 9
di stri c t be reassessed, limiting it to the few Isolated cases where it was
re ally bad .
en neth Koel 1 4001 South Pennsylvania , with property at 3903 South Grant
Street , stated he Is disturbed by the "gross mismanagement " of the proje ct.
He wanted Council to know that he did not intend to pay the over-Inflated
pri ces. He inquired about where the extra m~ney goes , commenting that the
·ds he has s een are 15 to 30 percent low er than the City 's est i mated cost .
e aske d wh y he was not i nformed of the Di str i ct e arli er , and he wondered wh y
e ha d t o f i nd out fo r hi ms elf that there was an a pp r oved list of l i censed
co ntrac tors . In his opin i on that l i st should ha ve be en Included in the
ori g i nal mai li ng. He feels that the citizens should not have to pay for the s e
r epairs , si nce other clt i z ns i n other cities (1 .e. Denver , Littl t ~on and
o hers) do not . He spoke about the inconsistencies i n marking the concrete ,
s ating he has seen concre t e which def i nitely needs to be r eplaced unmarked .
e asked wh at the standard I s , and co mmented that the project seems out of
ontrol. He does not wan • to see concrete rep l aced e very ten years and
ex pressed concern about t he qual lty of concrete installed by a "low bidder."
e does not object to replacing bad concrete , but does object to the manner in
whi ch he was adv i sed, stating he should have been given "fair warning." In
su11111ary, he proposed leaving the concrete marked as 1t is, giving the people
re t i me to do the work on their own; the June 7th deadline is too short, and
t ~e only option seems to be to let the City do i t at their inflated rates.
Counc i l Member Hothaway clari f ied , and Hr. Kahm concurred, that it would be
possible to get an extension on the June 7th permit deadline and the June 21st
co mpletion deadline. Additionally, that the costs quoted by Hr. Kahm were
estimates ; that there are no excess monies which would go to y other City
project, that all monies collected in the progra ■ go into th r program; and
that collection Is hand16d by Arapahou County for which the C •y pays a
certain lee to the County.
Po ssible reasons why Hr . Koel received hts notice so late wer e d iscussed.
Dep ut y Ci ty Clerk Ellis advised there were no protest letters fr om th i s area ,
owever, 13 people signed the petition circulated by Hs . HcWill i ams .
370 0-4200 South Pear l Street
Gl enn Th ac h, 4201 Sou t h Pear l. comm ent ~d that ~v ery one in volved in th i s
i s rict are on tig ht budg et s and tu do t he w~ K wil l ~e qu ite expens i ve. He
hou ght t hat I f the City were t o unde r take the work , mos t of the mark i ngs
would disa ppea r and onl y abou hal f woul d be l egi t im atel y r ep l aced. As a new
r esiden t , he d id not r ece i ve an y not ice . that a six-we ek t im e frame i s too
s ort a tim e to de vel op nece ssary cas h . In hi s opi ni o~ the money could be
e t te r s pe nt on edu c ati on, he1p in g t he poo r , or ot her th i ng s that ou t wei gh th e
co nc r ete iss ue. He fel t th e t ·mefra me and the arkings s ho uld be reevalua t ed.
He does no t fe el the con cre te at nts add r e ss ts bad. no r does he th i nk it
war ran ts r eplacemen .
Co uncil Mem ber Hatha way i nquired i f Hr . Thach wou l d supp ort t he con cep t of a
long-t er plan simi l ar to the ten-year as pha lt pavemen t plan . which wou ld giv
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Englewood Ctty Counctl Heettng -March 25, 1991
Page 10
everyone advar,ce notice of the work to be done. He responded negatively.
H?wever, he offered thit a minimum of 12 -months notice sh ould be g i ven for a
project of this nature. He al s o stated that Mr. Ka hm could com e out and see
for hims elf that there is nothing wron9 .t it h the concrete at his hom e
Deputy City Clerk Ellis advised that nc, prot est le tters had been received from
this area; however, 11 people from t hi s area sign ed the petition circulated by
Ms. Mew i 11 i ams .
8 . 3700-4200 South Washington Street
Bill Broa s t, 3908 So ut h Washington, stated he is very concerned about the cost
of replacing the 90 1 of concrete along Mansfield and Washin gton . He ex plained
that in 1S85 Mansfie ld had been resurfaced; in 1987 Washingto n was i ncluded in
Pavi ng Distric t No. 33 , and both of these proj ects have added to hi s taxes.
With the concrete replacement, his ta~es po ss ibly could go up another 5400.
He does not feel the entire 90 ' needs replacement. He st ated he understands
that if the cu rb and gutter are deter iorated, the road may be destroyed. Mr.
Kahm attempted to respond ; however, Mr. Broast continued by stating how bad
York and Eastman is and that the residents along Eastman want repairs done .
He stated this is the kind of work we should be doing. He brought up the fact
tha t he asked two years ago for the curb at Warren and Tejon to be fixed and
it was st il l the same way , He s aid he agreed wtth everyone else who has
spoken -"get rid of the district.•
Council Member Hathaway requested staff check on the curb at Tejon and Warren
which she feels should have been included in Paving District No . 33.
Hr. Broast stated the pav i ng was done, but the curb i s still bad. He
commented that Floy1>, from Unive l'Si ty west, t s 111uch worse than hts property on
Mansfield; that the Li ty should t·e correct i ng the existing problems and forget
the District . He did not think the citizens should have to bear JOO% of t he
costs, that i t should be 50 /50. He thought the project should be cancelled
until Counci l com es up with a plan to share in the costs.
Council Member Bullo ck co mmented t hat the way to increase costs i s to funnel
i t thro ugh government as opposed to ha ving private individuals hand le the
replacements . Mr. Broast disagreed, say in g that Englewood is a sm all
comm unit!· that the "added costs would no t have to be that great to funnel it
t hroug h the gove rnm ent of Englewo od."
r. Kah m r eminded Council th at staff ha s ident i f ied city-w i de about a half
mill i on dollars in City res pons'bility concrete repair work that has not been
funded. Th erefore, it i s not surpris i ng th at the i nt ersection mentioned by
·r . Broast has not been repaired.
Council Me mber Hathaway ~st al ed her re ques t that Tej on and Warren be thecke d.
Cou ncil embe r Bullock a ·ked t hat York and Ea s tman be inspe c t ed.
Council Me mber Clay t on s ated Mr . Kahm '~ obser a t io n bears repea t i ng -that
t e City is more than a half million dollars in arrear~ al re ady i n areas of
conc rete repl ac emen t that the City i s obligated t o do. He f ur ther po inted out
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Englewood Ctty Council Meeting -Narch 25, 1991
Page 11
that If the City is expected to do all concrete repairs, it probably won 't be
don e. The only solution would be to raise the t axes.
Council Member Habenicht comented that she sees a direct correlation between
the ;,robl ems the c 1 ti zens are fee ling toward the fr city government and how
city government feels toward state and federal government when programs are
mandated without funding .
De put y City Clerk Ell is adv i sed there were no protest l e tter s received from
th i s ar ea; however , four peop l a f r om the area si gned the pet i tion c i rculated
by Ms. HcW i lliams .
9. 3700-4200 South Clarkson Street
'.l eputy Cit:, Clerk Ell is advised there were no protest letters received from
this area ; however, th re e people f r om the area signed the petition c i rc ulated
by Ms. McW i ll i ams .
Mayor Van Dyke asked if was anyone else in the audience wished t o speak
concerning the Concrete Replacement District No . 1991, Zone 2 .
Hr. Bud V1nderhoek came forward . He apologized for not coming forw1rd earlier
when his area was addressed (4. 3700 -4200 South Grant Street ). Hr .
Vanderhoek 1s the owner of ~roperty at 3821-23 South Grant and he co11111ented
that 1t is fairly obvious tat there is a good dea l of confusion concerning
the markings and color codings. IP his case, there are nine sections of
concrete along the front ~f the property; originally eight out of the nine
were marked to be replaced . After contact ng Hr. Kihm, Hr. Vanderhoek then
found that half of them had been recoded green . It was confirmed that green
coding denotes mar ginal co ncrete which may cause problems within a five-year
period; however , It is not mandatory to repla ce concrete marked green. Mr.
Vanderhoek i nqu ired about the divi s ion of respon s ib i l i t y when part of one
section is on his pr operty , the othe r part on his ne igh or 's prope r t y . Hr .
Kah m explained that i f a private contractor is hired , Hr . Vanderhoek and the
nei ghb or would have to wor k out a dea l or Hr . Vand er hoek ,..,ould have to ab sorb
the co s t; if the concrete is replaced by the City as part of the District ,
then both pi eces of proparty would be assessed ba s ed on t he pr operty line .
Mr . Van derhoe k inqui r ed abo11t the l ist of qu a lified l icensed contractor s; Mr ·.
Kah m offe r ed t o mail hi t he list.
Mr. Vanderho e k agreed wi h pre vio us comm ents made by Mr. Koe 1 conc e~n 1 ng the
timeframe , an d t he har ds hi ps the Dis ~ri ct may hav e on ce r tai n ~itlzens. He
wa nted to know if th e estimat es ar e base d on City empl oyees dol~g t he wo rk or
if t hey are based on contracted wor k . Mr . Kah m state t;a all he wo,·k is
put out on com petitive b .d by pr i vat e contrac ors . It was cl ar fied th at he
price s i nclude some city overhead.
Mr. Vande r hoek conclud ed by a ski ng i f the City has t e op i on or the rig h not
t o do co ncr ete wor k because f unds are not availa~le, wh is i he home ow~er.
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Englewood City Council Neet1ng -March 25, 1991
Page 12
who does no t ha ve the oney, does not have the same right? He concurred there
are some areas whi ch defini tely ne ed replacement, i.e., west of the high
school on Mansfield ; but a lot of the wo rk propo sed is margin al and he fell
the properties should be reevalu ated .
In r espons e to a que stion from Council Memb er Habenicht, Hr . Kahm staled that
regu la r full -time staff 's time is not billed into the project . He en umerated
the co s ts that are ac ua lly add ed a s be i ng associated wit ~ th e bond sale ,
i nterest, ma i ling costs, cos t s in c urred i f its necessary t o hire temporary
he l p for the cons t ruction . etc.
Coun c i l Me mber Ha t haway po i nted out lo Mr. Vanderhoek, in response to his
question about the hoe owner's cho i ce i n this matter, that he had just
exercised his cho ice by informing Coun ci l of his position in this matter, and
that all residents of the Di strict had been given t he s ame opportunity.
JO . Vo l unteer Concrete Program
No one appeared bef ore Counc il wis hing to speak co ncer nin g the Volunteer
Conc rete Program .
ZON[ 3 (DEVELOPER STREETS)
1. South Santa Fe Circ le
Construct 3~' wide rJving (8 & 3). Install Type B Industrial Concrete on both
sides.
Don Cameron stated he petitioned Council to be included in the District, and
he offered appreciation for being included. He further commented that he
appreciated the tremendous support and advise from staff in getting this
project underway.
Mayor Yan Dyke stated that all information presented during the publ i c
he 11ring, all letters received and made a part of the re cord of the mee t ing,
will be taken into consideration by City Council before the f i nal
de t ermination Is made on the Zone l (Paving District No. 34), Zone 2 (Con cre te
Replacement Progra m No . 1g91 /Vo l unteer Co ncre te), and Zone 3 (Developer
St,eets).
Ma:1or Van Dyke asked if anyo ne else wi shed to speak to this is sue .
Mr. Broast retu r ned to he podiu m (Zone 2 -3908 South Washington). He
ir qu ired if i t wou·1d be poss i ble for ho meowner s to prepa y the basic ass e ss ent
(tost o f ~o ncret e i ns al la io n ) plu s a 5% fe e and no be i ncl uded I n the
Distri c t •1 far as band s are co ncerned. He stal ed he pre f e rs the Ci t y h i r i ng
he cvnt : or. he Ci y being respon sibl e fo r t he work. bu t he did not want
.ob<? in r ujic•J in he 1s r ic a s far a s bon cosls, e c .. are con cerned. Mr.
~ahm ex~lalned ha he r e would be no adv antage t o Hr . Bro as t fo r th e Ci ty t o
con r ac for him for a 5'. ee . If he hires his 011n l icensed an bun ed
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Engl.wood Ci ty Counc il Ne e t in g -Nareh 25, 199 1 Page 13
contractor, the insta l lation will be done to standard with a two -vear
guarantee, all for the cost of the permit. Hr . Broa s t d i sagreed, stal i ng he
prefers the work be done by the City for those people who have or are willing to ge t the money up -front.
Mr. Sarton returned to the pod ium (Zone I, Paving District No. 34 , Villa
Para da Apar ments, 3655 South Delaware ). He asked whether the owners of the
pr op er ty would be responsible for the entire 14 ' of the alley or o· l y 7'
(their half). He was assured that the assessment would be only for the 7 '.
Mr . Sarton then inquired if they cou ld hire a private contractor and •as
infor ed in the negat i ve, unless the oppo si ng proper ty owners chose to
part ici pate w h them by forming the ir own district .
Mr . Op i e returned t o the pod i um (Zone Z, 4129 South Pennsylvania Street). He
agreed with Mr. Broast about the advantage o f having the City do the work ,
which would avo i d the patch work obv i ous throughout the Di strict . He
CO lllll ented that to save the percentage referred to, most peop l e (h imself
Included) would be inclined to hire a private contractor, go with the lowest
esti mate, without giving much thought as to wl,ether the next person who buys the property has to r eplace it .
Hr , Naron returned to the podiu m (Zone 2, Englewood First Assembly of God,
4101 South Lincoln). He inquired about the sidewalk/alley between Linc ol n
Street and Broadway . Mr . Kahm explained that this area is City responsibility
concrete which will be repl aced with Ci y funds. He offered to explain it further wh en he mee t s with Mr . Naron at the church.
The Mayor t ha nked ev e ryone for their i nput and assured them their co11111 en ts would be t ake n into consideration,
3. Adjournnient
IT WAS NOVED TO ADJOURN TH E PUBL IC HEARING.
The meeting was adjourned at 10:08 p .m.
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