HomeMy WebLinkAbout1988-04-11 (Special) Meeting Minutesi . Call to Or der
(/~GLEW~OD C ITV COUNCIL
ENGLEWOOD, ARAP'AHOE COUNTY, COLORADO
Spe tial s~ss i on
April II, 1988
The spe tial meeti 11g of the Englewood City Council wa s ca l led to order by Mayo r
Var Dy ke at 7:37 p.m. The inv ocation was given by Council Member Ko l ta y . Th e
Ple dge of Al legianc ~ w•s led by Ma yor Van Dyke . Roll was called .
Pr ,1se nt : Council Member s Hathaway , Kolt ay , Kozacek , Si l o, Habenicht, Clayton, Van Dyke
AD~ent: None
A quo r um was present.
Al so present : City Manag er Mccown
2. Public Hearing
City Attorney DeWitt
Assis~ant City Manag er Varga s
City Clerk Cr ow
Director Ragland , Engineering Services
Office Engineer Kah m
Mayor Van Dyke announc ed t hat this spec i a 1 meeting wa s to cons Ider an or-
dinance approving the whole cost of the improvements made within Paving Di s-
tr ict No . 32, in the City of Englewood , Colorado; approv i ng and confirm i ng the
apportionment of District; as sessi ng a share of said cost aga i nst each lot or
tract of land; and prescribing the manr,er for the collection and payment of
sai d assessment. She ca lled for a motion to open the Public Hearing .
COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO OPEN THE PUBLIC HEARING.
Ayes :
Nay s:
Abstain:
Absent :
Co~nc i 1 Memb ers Ko ltay, Hathaway ,
Hab enic ht , Clayton , Van Dy ke
Non e
Non e
None
Kozatek ,
Th e Mayor de e 1 a red th e motion carried and the Pub 1 i c Hearl ng open .
City Manager Mccow n stat ed t he purp ose of the heari~g is for Counc il to con-
sider th e assessments for Paving District No . 32, the co nstruction of which
has been compl eted. lie explained t ha t staff would be making a presentation
Englewood City Council Minutes
Public Hearing -April II, 1988 -Page 2
re lativ e lo asses sment data, after wh i ch c iti ze ns woul d be given th e oppor -
tunity to s tat e any con cern s. Prior to the ord i nan ce be in g cons ide r ed on
f i nal reading , staff would rev iew tho se concerns and r es pond to them. If
Co un c il cho se to am end the ordinance , those amendments ,i ould be con s id er ed on
May 2, 1988; the ord i nance i s sc hedul ed for final read i ng on Ha y 16 , 1988 .
Mr . Mccown informed Council th at Di r ec tor Ragland , Eng ine ering Servic es, wo uld
comme nce the s taff pr e sen t at ion.
Co uncil Mem ber Clayton explained that he and hi s fa mily own pr op er ty w i lh i n
t he Dist r ict ; be cau se of the po s si bil ity his ac tion s and decisions could be
interpreted as a confli ct of int er es t , he s t ated he would not par ti c ip ate i n
th e Public Hearing. Hr . Cla yt on withd r ew from the mee ting al 7 :40 p.m.
All staff member s and cit i ze ns t es t i f ying during th e hearing wer e dul y sworn
by th e City Clerk .
Director Ragland , Engin ee ring Servi ces , gave background infor mati or, con cernin g
Paving Di s trict No. 32 , which was created by ordinance on A~ril 20 , 1987 , t o
i nclud e reconstru ction of t en (10) blo cks and overlay of sevente ~n (17) blo cks
in th e City of Englewood . She ex plained ihe final as ses smen t data and t he
co sts of the paving di s tri ct . Cos ts which are ~~sessable to the homeowner
total $258,695 .28. The costs to be bo r ne by the City total S127 ,046.60 . Thi s
data was compared to the esti mated costs of the Distr ict, i.e., estimat ed as-
s ess able cost s -S585 ,500 .00 , ~stimated City co s ts -S157 ,500.00 . Sl,e ex -
plained that t he s avings were a re sult of the excellent con s tru c tion prices
r ece ived on th is project as well as the fact that a majority of the concr ete
work was done by private contractors at the homeowners' option. She infor me d
Council that the interest to be charged on the asses sable costs was 7 .5%. The
schedule for the completion of the District was outlined. There were 307
property owners to be as sessed in the District . The 5% discount for payment
of assessments prior to June 17th wa s explained as wa s the Def erral As se s sm ent
Program which is available to qualified citizens .
Office Engineer Kahm, also the Project Engineer for Paving Di s trict No. 32 ,
explained in deta il the computation of asses sments for the various work done
with ·in the Di ··rict and provided the breakdown of unit prices in the project ,
all of which were below es timat ed co sts . Hr . Kahm al so stated for the record
that evidenc ·• existed that 95% of th e property owner s had re ce ived certifi ed
written notificati0n of the Public Hearing in addition to required legal
publications regarding t he as sessm ent s .
The City Clerk identifi ed tho se letters whi ch had been rece iv ed in prote st to
the ass essment s as follow s :
I. Communication from the law firm of Pferde steller, Vandy, Horton &
Coren s igned by Fred W. Vondy on behalf of Rocky Mountain Distri ct
Counc i 1 of the Assemb 1 i es of God, 300 East Hampden Avenue ( street
improvem ent s in the 3500 blo ck of South Grant Street).
2. Letter from Becky Zimmerle , 3064 South Lincoln Street (stree t im-
provements in the 300 0 block of South Lincoln Street).
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Englewood City Council Minutes
Public Hearing -April 11, 1988 -Page 3
3 . letter from Sus an l imke, 3216 South Gran t St reel (s treet im prove-
ment s in the 3200 blo c k of So ut h Grant Str•et ).
4. letter from ~erma n DeVl iegher , 4610 So uth Cherokee Street (street
imnrov ements in the 4600 block of So uth Chero kee Street).
5. Let ter from Robert W. Navratil , 288 0 SJuth Lincoln Street (street
improvements in th e 2800 So uth Li ncoln Street )
6. Notice from France s Alvarado , 2701 South Gr ant Street (street im -
provements in the 200 blo ck of East Vale Avenu e).
The letters were received in to t he official record of the Public Hear ing .
Mayor Van Dyke invited co ncerned pro perty own er s to address Co unci l concern in g
their assessl'!e nts .
Fred W. Vondy, attorney for Rocky Mountain Di st rict Council of the Assemblies
of God, 300 East Hampden Avenue . Mr. Vondy stated the unusual circumstan ces
of his client having reacquired the property through forecl os ure . It i s their
position that no benefit accrues to the proper ty by reason of the street im-
pro ve me nts, that the benefits acc rue to the Safeway Store and Shopping Center
propertie ~ located at 201 Ea s t Jefferson Avenue . They requested to be
relieved from the proposed as sessment .
Harold Mad se n, pa s tor of Rocky Mountain Di s tr ict Council of the Asse mblie s of
God , 300 East Hampden Avenue, reiterat ed t'.r. l'.ondy 's comments, explaining th at
they had just assumed the property as of April I, previously owned by eob
Jone s.
Herman DeVl iegher, 4610 South Cherok ee Street. Mr. DeVl iegher stated he was
one of the original property owners in his block, having resided at that loca -
t io n since 1952 . He pr eviously pai d for paving, curb s and gutters in 1954
having been ass es sed $246 . However , there doe s not appear to be any record of
that transacti on . He ur ged Council to ab solve him from this current as sess -
ment based on the fa ct -.hat he had been assess ed previou sly for this work .
Mr . DeVl i egher pres ented hi s Wa rranty De ed da led Sept ~mber 12 . 1952 as
evidence of hi s r es idency for the pa st 36 ye ars.
Cipriano Alvarado, 2701 Sout h Grant Street. Mr . Alvarado que s ti one d the dif-
ference between the amount he was quo ted ($I , 35 0 or SI , 400) and t he amount
that act~ally wa s charged ($1 ,572 .86). He questioned t he fairn ess of chargi ng
the property owr,er for cutting the sidew.1l k.
Mayo r Va;n Dyk e as ked if th ere was any other per son s prese nt who wished to ad -
dres s Coun c il regarding th e asse s sment s und er Pavin g District No . 32. No one
ca me fo rward.
City Attorney DeWi tt inquired if anyone was pre se nt who cou l d speak on the
i ss ue of ben e fit of t he property at 300 East Hampde n Av enue, owned by the
Rocky Mountai n Di s tri ct Cou ncil of the As semblies of God. Dire ctor Rag l ar,d
Englewood City Council Minutes
Public Hear i ng -April 11, 1988 -Page 4
re s ponded that Royce Smith, a real es tate broker and appraiser in th e City of
Englewo od is available .
Ro yce L. Smith, 7037 South Platt~ Canyon Road, Litt l eton . Mr . Smith staled I
he wa s a real estate broker, apprai ser , and manag eme nt co nsultant s pecia l i s l
for co nstruct ion. He tes l if i ed tha l he had been ca 11 ed upon to of f er test imo -
ny in respect to value in vari ous State of Colorad o and Federal courts, that
he ha s been declared an expert appraiser in every District Court in the five
metropolitan counties. He further stated he wa s fami li ar with the property in
the 3500 bl ock of South Grant. He described the street condition pr ior to the
paving di strict as being "very bad ". With respect to the value of property
in qu es tion , Mr . Smith confirmed that prop ert ies which ha d been included in
pavi ng distri cts sold qui cker and at higher prices than properties with
s treets which had not been included in pav i ng di s tricts . Repavement ha s a
tremendous effect on t he resale of property, at times i ncreasing the value of
the property by five to ten percent. Mr . DeWitt quest i oned whether the five
to ten percent of the value of the property in question would exceed the
amount of assessme nt of the property at 300 East Hampd en Avenue -S3 ,457 .69.
Mr. Smi th co nf i rmed that it wou ld exce ed that ar.1ount.
COUNCIL HEHBER KOZACEK HOVED, COUNCIL HEHBER BILD SECONDED, TO CLOSE THE
PUBLIC HEARING . J.t was announced that the Council would deli berate on the
issues pre se nted during the Hearing , an d a decision wi11 be made on possible
amendments before final reading of the ordinance on May 2, 1988.
Ayes : Council Member s Koltay, Hathaway, Kozacek, Bile,
Habenicht , Van Dyke
Nay s: None
Abstain : None
Absent: Council Member Clayton
The Mayor dee 1 a red the mo ,on carried and the Public Hea ing closed .
3 . Adjournment
COUNCIL HEHBER KOZACEK HOVED TO ADJOURN. Th e meeting adj ourned at 8:30 p.m.
City Clerk
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