HomeMy WebLinkAbout1988-10-20 (Special) Meeting MinutesI
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ENGLEWOOD C !TY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Special Session
October 20, 1988
1. The spec i a 1 meeting of the Englewood City Counc i 1 was ca 11 ed to order by
Mayor Van Dyke at 7 :15 p .m. The invocation was given by Council Member Kol -
tay. The Pledge of Allegiance was led by Mayor Van Dyke . Roll was called.
Present :
Absent :
A quorum wa s pre se nt.
Counc i 1 Members Hathaway , Ko ltay, Kozacek, Haben icht,
Clayton , Van Dyke
Counc i 1 Memb er Byrne
Counci l Member Byrne entered the meeting at 7 :16 p.m.
A 1 so pre sent: Acting City Manager Waggoner
City Attr,rney DeWitt
City Cler~ Crow
2. Mayor Van Dyke announced that the purpose of the special meeting was to
set the mi 11 1 evy for property tax in the City of Englewood to be come effec-
tive January 1, 1989 .
Co uncil Bill No. 34 was ass igned a nuriber and read by title:
ORDINANCE NO. 31, SERIES OF I988, INTRODUCED BY COUNCIL ME MBER HABENICHT:
AN ORDINANCE FIXING THE TAX LEV Y IN MILLS UPO N EACH DOLLAR OF THE ASSESSED
VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, AND
ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD, COLORADO, DOWNTOWN DEVELOPMENT
AUTHORITY.
COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO APPROVE
ORDINANCE NO. 31, SERIES OF 1988 .
Ayes : Counc i 1 Members Ko ltay, Hathaway, Kozacek , Byrne,
Habenicht, Clayton , Van Dyke
Nay s: None
Ab stai n: Non e
Ab se nt : None
Mot i on carried.
3 . COUNCIL MEMBER KOZACEK MOVED TO ADJOURN. Th e meeti ng adjourned at 7 : 17
p.m.
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Spe cial Session
October 20, 1988
l. The special meeti ng of the Englewood City Cou ncil wa s called to order by
Mayor Van Dyke at 7 :30 p .m. Roll was called.
Present: Council Members Hathaway, Ko ltay, Kozacek, Byrne,
Hab en icht, Clayton, Van Dyke
Absent: None
A quorum was present.
Al so pre se nt : Acting City Manager Waggoner
City Attorney DeWitt
City Cl erk Crow
Director Ragland, Engineering Ser vice s
Office Engineer Kahm, Engineering Services
2. Mayor Van Dyke annou nced that the purpo se of the s pecial meP.t i ng was to
co nsider the creat ion of Paving Distri ct No. 33.
COUNCIL "EMBER KOZACEK MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO OPEN THE
PUBLIC HEARING TO CONSIDER THE CREATION OF PAVING DISTRICT NO. 33.
Ayes : Counci l Members Ko l t.y, Hat haway, Kozacek, Byrne,
Habenicht, Clayton , Van Dy ke
Nays: None
Abstain: None
Absent : None
Motion carried .
Acting City Manager Waggoner explained that staff would present det~iled in -
formation concerning the Pav ing District in an effort to answer in advance
many of the concerns and questions of the audience.
Dire ctor Ragland , duly sw,,r n, gave a brief history of the City's paving dis-
trict program, which wa ~ developed i n 1956 to con struct or reconstruct all
streets in the Cit:, n,:,t meeting esta blished standa rds . There have been 27
Districts since D56, and 92 ;, of th e City's streets ha ve been included in
those districts. The ten -y ear progr.m was de veloped in 1983 for the purpo se
of completing con struction or reconstruction of all remaining streets in the
City . Three years of the ten -yea r pl an have been completed; Paving Di s trict
No. 33 is year four of the plan. Cor,struction of Paving District No. 33 will
not commence until 1989 , as sessment s will not be determ i ned unt il 1990 .
• ~s. Ragland explained that the purpo se of th is public hearing was to determine
the public 's sent';nents. After the hearing, Co un cil may delete streets which
Englewood City Council
October 20, 1988, Publ it Hearl ng -Paving Di strict No . 33, Page 2
ha ve been proposed. Es tiroia t ed costs wer e exp lain ed as fo ll ows: Asses s ab l e
co s t s are est i ma t ed to be $893,850 and include cer i ain con s truction costs,
bond, l ega l and fi s ca l fees , bond interest, and a 2% co ntingency fee t o off set
co ll ection costs and delinquencies; the costs to the City are es t im ated to be I
$469,350 and include s con s truction costs for s t r eet an d all ey int ersections,
all storm sewer related i mpro veme nt s, enginee r i ng, surv ey ing , and in s pe c t io n
cost s, and any co s t s associated with printing, mailing, tran s portation and
oth er mi sce ll aneous co sts, such as tree r emo val and replacement; total
$I, 363,200 . The tree replacement pro g·,·am and the as se ssment proces s were ex-
plained. Standard s for concrete work for s idewalks , curbs and gutters, width s
for street s , ?,nd sty le of curbwal ks were me ntione~.
Office Eng ine er Kahm, duly sworn, stated he wi ll be the proj ect engineer fo r
Paving District No . 33, and would be involved in th e coordination of th e
desig n, ove r see ing the acquisition of rights -of -way/easem~nts, plan s and
s pecifications for the project, management of the con s tru~t ion during 19 89,
and prep aration of the final assessment roll in 1990 . Mr . ::ahm offered to
mee t with an y of the pr operty nwners who might have qu es t ions or concerns. He
went ov er in deta i 1 the handout ent it 1 ed "Proposed Paving Distr i ct No . 33 ",
s pecifying the s treets which are to be involved in the proposed di strict , the
sched ule as pr op osed, the various t ypical paving sections as well dS alternate
pa veme nt sections . Costs for ,~., ,arious asse ssments were defined and
exp lained .
Mayor Van Dyke exp 1 a i ned t hat i t . as Counc i 1 's intent to take into consider -
ation all comments by those present concerning the craation of Paving District
No. 33, and she set the for um for receiving public comments, stating tho se
cements •, .. 11 be made on a street-by-street ba s i s. All witnesses were duly
sworn pri e•· to pre.sent i ng comments .
1800 -1 900 W. Ba~er Ave . -Construct 40 '-wide pa ving (8 & 3), install Type "8"
Indu s tr i al on north and south sides.
Samuel M. Vardeman, Vardeman & Sons Junk Yards, 1985 W. Baker Ave . -
stated these as sessment s would be unjust and unfair to taxpayers . He
qu es ti oned what happen s t o tax money paid by the citizens . He f elt pavin g
ca use d po 11 ut ion which would affect wate rway s. He que st ion ed the amount
of pr operty for street right-of -way, stating they had donated property
alrea dy for th e ins tall at ion of streets, someti'lle in the 1960 s. H:; felt
the di rt street had s uf ficed all th ese years and ai d not fe el it was
necessary to change. Council Memb er Clayton inquired if he was of the
opinion that 1800 -1900 Ii. Bak er Ave . sh ould be remove d f r om the paving I
distri ct. Mr . Vardeman ~tated for himself, yes. He conf irme d that he was
s peaking only for the 19GO block. Disc u•,sion followed regarding se l ection
of contractors, why tt,e City doe s not use tax mon ey to construct the
street s , and the high l eve l of taxes .
Gary Sand r itter , 1835 W. Baker Ave. -expressed con cern about cost, but
s tated he wa s in favor of the pa ving di s tr i ct as Baker Ave . i s quite
narrow a,id wh en it rains, erasion creates a pro b 1 em . He a 1 so co mme nted
that t ryin g t o run a bu s ine ss at that l ocation was a pr oblem , as most
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Englewood City Council
October 20, 1988, Public Hearing -Paving District No. 33, Page 3
people assume the street is an alley since it 's not paved. He co nf irmed
he had 125 feet of front footage .
2000-2100 W. Baltic Place -Construct 32 '-wid e paving (6 & 2), In s tall CWII on
north and south s id es. Re 1 ocate pol es to north s id e of s t r ee l.
Norvin Larson , 2020 W. Warren /2033 W. Balti c Pl . -s trongly opposed the
asses sment , stating taxes were already too high and that the property wa s
already assessed for more than it could be sold for . He was con ce rned,
si nce mo s t of the lots were vacant, that wh en they were sold and developed
the street would have to ~" torn up to acc ess utiliti es. He complained
that in the past Councils have not gone along with the taxpayer, but have
sided with the Engineering Department. He informed Council that the City
had taken 6" of his property when Tejon was widened and he resented hav i ng
to pay for the street construction . Council Member Hathaway assured Mr.
Larson that his concerns would be considered . She informed Mr. Larson
that she knew from her own experience that it was po ss ibl e to have
deferred or deleted certain streets from paving districts . She also
advised him that 80% of the proposed ~•ving distri ct l les within Council
District I which she represents; If enough public opinion is expressed in
oppo s ition to a particular street, she would follow through on that
position . Further di sc ussi on ensu ed .
Pat Mahoney, 2000 W. Warren Av. -spoke in favor of Baltic Ave . being
paved based on the fa ct that the property in the area Is building up and
many sma 11 children now live in the neighborhood . He stated that one
reason s ome of the lots remain vacant with bad ero si on is because there is
no way to channel the drainage. He did question the installation of
"Hollywood curbs" and would prefer 6" curbs and a 4' sidewalk. He
requested that this be considered. Further discussion followed concerning
cos ts, 1 abor, drainage, curb cuts for driveways if ve rt i ca 1 ~urbs are
installed . It was confirmed that verti cal cur b and gutter would be
.~ceptable if the rest of the property owners agreed . Director Raglan d
pointed out for everyone's information that the utll ity poles which ar e
currently down the middle of Baltic would be moved to the north side of
the right-of-way, keeping the pole s within the right-of-way of the street ;
further that electrical and telephone se rvices to th e hou ses would be
overhead .
3500 S. B;nnock St. -Con struct 32 '-wide paving (6 & 2), remove and replace
existing vertica l curb & gutter with 5' walk on ea st & west s ides as
necess ary.
Mike Cooper, 35 97 S. Bannock St. -questioned the width of sidewalks and
suggested that 4 ' width be i nstalled inste ad of 5'. It was explained to
Mr . Cooper t~at in order to maintain uniformity with what is already in
his block , 5' sidewalks wou ld be installed. He al so questioned why the
asphalt cou ld not be r esealed. Mr . Kahm explained the problems which
exist with th e !iigh crown , which will be eliminated with exc?.vating the
street to a low,,, level, lowering the gas and water lines (those costs to
be absorbed by P.ib ' i c Serv i ce and the Water Department). Mr. Cooper asked
if the assessmer,L co s t s included tree remova l . Tree removal and
Eng 1 ewood City Counc i 1
October 20, 1988, Public Hearing· Paving District No. 33, Page 4
replacement were discussed. Mr. Cooper inform ed Council that he would
1 ik e to see the reconstruction of Bannock put off due to the poor economy.
Co uncil Mem ber Hathawa y pointed out that plans for Banno c k St. are that it
will remain a one-way street. It wa s clarified that th e width of Bannock
will be 30 '.
Co 11 een Burke , 3594 S. Bannock St. -question ed the percentage be ing
charged now as compared to wh at was charged in 1956 . Ms. Ragland and Mr .
Kahm exp 1 a i ned that the percentage be ing pa id by the homeowner today is
le ss than in the early years of th e paving pro gram. Up until 1982 the
hcm eown ers paid for all the cos t of work done In fr ont of their property,
paid for all the bond costs and interest, and th e 2% co ntingency, and in
addition they also paid for the engin eer ing cos t s , all miscellaneous co s ts
associated with co nstruction -about I 5 or 20% more th an the current
assessments include. Ms. Burke pointed out 1.hat this co nstruc tion had
bee n delayed for about a year due to the econ omy and she di d not feel th e
eco no my had imp rov ed. She inquired how it was de c ided wh at nee ded to be
replaced ; she did not und er s tand the markings . The stan dards for concrete
replacement and the markings were explained, and Ms . Burke wa s invited to
contact Mr . Kahm to di scuss this further . Ms. Burke objected to removal
of the trees . It was exp 1 a i ned that the home owner ha s the option of not
removing the trees, but the home owner would have to accept future
re s ponsibility for them .
Vickie Russ, representing Leo Huls, 3560 S. Bannock St. -explained that
her un cle, Mr . Huls , owned four lots (!OS ' frontage), but was retired and
on a limited income. This assessment would be a hardship even if spread
over the allowed IO -year period . Th e special deferral for asse ss ment s for
certain home owners was exp 1 a i ned .
Terry Schaff , 3590 S. Bannock -asked con cerning width of dri ve way cuts
and he was info r med that the current driveway width probably did not me et
the City 's standards . He also questioned the advisab i lity of removing and
replacing some of the Loncrete blocks when t he adjacent blocks wer e okay .
He stated this action sometimes ~auses the good blocks to become damaged .
He mePtioned the repaving of Fo x in a previous district which has ca used
problems for his driveway at that loc ation. He didn 't th i nk a I/4 "
difference war r ant ed re p 1 acement. He wa s assured tha t Engineering would
work with him conc ern i ng this . Mr. ~c haff a 1 so ex pr essed concern about
indu strial traff i c and damag e to th~ sidewalk . It was explai ned that
after the street ha s bee n recons•ructeo to s tandards, it becomes the
respons ibility of the City to maintain; how eve r , concr e t e work (s idewalk,
curb, gutter) remain the responsibility of th e homeow ner .
3600 S. Bannock St. -Co ns tru ct 32-wide pavin g (6 ~ 2), remove and replace
exi s ting vertical curb & gutter with 5'-walk on ea s t and 11est s id es as
necess ary .
Bi 11 Batt r epre senting Imm anue 1 Lutheran Churc h, 3695 S. Acoma St. -
stated the Ch urch coul dn ' '. afford th e assessme nt s for the property it owns
at 3600 South Bannock a ··cJ West Kenyon, al so 3700 South Bannock . He
pre sented a petit i on in opposition to the pavi ng of Bannock which had been
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Englewood City Council
October 20, 1988, Public Hearing -Pt'l '.~9 District No . 33, Page 5
signed by members of Immanuel I u!haran Church . On behalf of the
congregation, he requested that th e work be delayed. Ms. Ragland
explained that if the asse ssme nt wa sn't paid , it would be considered a
1 i en upon the property . At May or Van Dyke 's reque s t, members of the
Church who were in attendance stood up . The various pieces of property
owned by the Church were id ent ified . Mr . Batt explained the Church 's
financial predicament , and requested that Council take that predicament
into con s ideration .
Mark Wo 1f, Chairman of the Board of Trustee s, Immanue 1 Lutheran Church ,
3695 S. Acoma St. -concurred with statements made by Mr. Batt, and felt
it placed an undue hardship upon the Church with both Kenyon and Bannock
being in the District. He added that he fe 1 t this work could be put off
for awhile .
3700 S. Bannock St. -Construct 32 ' -wide paving (6 & 2), remove and replace
existing vertical curb & gutter with 5'-walk on east and west sides as
necessary .
Dorothy Williams, 3766 S. Bannock St. -que s t i oned why the curbs need to
be removed, stating she has rep 1 aced the s idewa 1 k in front of her home
three different times in the past 14 years . She has been told that the
problem is due to ground swelling, .1ot tree roots. She objected to having
trees removed when they were not the cause of the damage. She felt this
additional tax is unwarranted and would create a hardship for her. Mayor
Van Dyke requested Mr . Kahm to reevaluate her s idewalks.
Joyce and Phil Rega s, 3764 S. Bannock St . -both spoke in opposition to
the paving district, and presented the following issues: l) high increase
in property taxes (over 250% within the past year), and ~hy isn't there
money to fix the streets?; 2) And considering the general city budget of
total Englewood, especially the industrial areas , such as the Denver Tech
Center , why do those companies not share the cost instead of assessing the
property owners? Council Member Hathaway explained that the Denver Tech
Center is not within the city limits of Englewood along with a lot of
other i ndustri a 1 areas which may have an Englewood ma i1 i ng address. She
further commented and reminded Mr . and Mrs. Regas that 92% of the streets
within the City of Englewood have been included in prior paving districts.
Concerning the property tax, Council Member Hathaway explained that a very
sma 11 amount of the property tax is returned to Englewood, the rest is
absorbed and used by the County, School District, and other special
districts . Mrs . Regas que s tioned why the costs for the paving district
were not budgeted in the genera 1 budget. Mr . Waggoner exp 1 a i ned that the
City 's portion of the improvements were I (.dqeted. Mr. Regas expressed
concern about how parking would be managed ,! r ing the construction period,
and ·was ass ured that t he project would be Ge ,·,~ in phases and it was hoped
that the neighborhood would not be inconv ,iienced for mo re than two to
four hour s; also that emergency acce ss would be maintained . Hr . Regas
also questioned why the driveways which exist are marked to be removed.
He a 1 so fe 1t the s i dewa 1 ks were okay . He objected to the method of
marking the sidewalks. Ms . Ragland responded that the area had been
marked so that the re s idents would be informed of the cost implications of
Englewood City Council
Cctob er 20 , 1988, Public Hea •·ing -Paving District No. 33, Page 6
the im pro vements prior to the public hearing . This wa s also done so that
the owners of the property could mak e any provisions they dPemed necessary
(hire their own contractor with po ssib le savings in costs) over the next
two ye ar s. She informed the Regas she would be happy to have someone from I
the Engineering Department di sc uss the ma tter with them . Regarding the
driveway , Ms . Ragland exp lained that if the driveway is not a "dust free
surface " the apron between th e sidewalk and cur b and gutter must be filled
in with co ncrete. Nr. Regas stated he di sa greed with the method of
marki ng the concrete and sugges ted it would be more appropri ate to wor k
with the property owner individually , explaining what was wrong and why
certain sect i ans must be replaced . Ms. Ragland explained there were 33
block s within thi s pa ving district, and there was not suffi cient time to
com ply with this sugges tion. Mr s. Rega s inquired about th e standards and
s tated that there was very little varian ce (less than 1/4") betwee n any of
th e ir sidewalk block s. Ms . Ragland exp lained that, for consistency, only
one person did the mark i ng s and that person, based on 17 years of
ex perience, had made the decisions. She offered to have the markings
reviewed by staff . Mr . Regas pointed out that it would be difficult to
get bids during the winter month s, and complained that adequate time wa s
not allocated for owners to get a private contractor and suggested this
ti me be extended . It was explained to him, that the calendar listed only
deadlines and that the work could be done anytime before those deadlines .
It wa s confirmed for Mrs . Rega s that this district did not affect
alleyways and that it was estimated that four hours should be the maximum
for the citizens to be without water and gas .
Mrs . Wi 11 i ams, previously sworn above , commented from the audience
concerning digging up the streets after t hey have been paved to work on
water and gas lines. It wa s explained that this i s what the City i s
trying to avoid by doing the utility work prior to th e paving .
Genevieve Tre ss ler, 3769 S. Bannock St. -wanted to know how they could
request that their blo ck be taken out of the Dist ric t . She wa s informed
that it would be nece ssary to get the other property owners to s i gn a
petition or speak up in some way. Mayor Van Dyke explained that the
street could be removed from thi s District, but it would have to be put
back into a District in the future to meet the criteria established for
the City. It was further pointed out that the maximum time it coul d be
deferred would be six year s . Ms. Tre ss l er stated she did not feel the
work was ne cess ary at t hi s time.
Darell Lakin, 3733 S. Bannock St. -inquired if the co s t of lowering the I
hu mp i s to be as ses sed to the owners ; he wa s informed that it wasn 't. He
also wondered why "Ho llywood" curbs were being installed, and he was
informed that wasn 't the case on Banno ck , only on newly constructed
streets . Mr . Lakin was of the opinion a thin coat of oil would be
sufficient . Mr s. Ragland explained the core samples taken from the street
indicate there is not sufficient base beneath the asphalt, the asphalt is
thin , and structurally the street do es not meet the standards. Mr. Lakin
corrmented that the street wa s no longer a "busy street" and aske d why
parking couldn't be permitted on both sides. This wa s di s cussed and
explained.
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Englewood City Council
October 20, 1988, Public Hearing -Paving District No. 33, Page 7
Doug and Crystal Olm s tead, 3715 and 3715-1 /2 S. Bannock St. -were of the
opinion that the street was not in bad shape, that it would cos t too much
to do it now, and suggested we wait until it need s it. They were
co ncerned the City wa s taking s tep s to open Bannock lo two -way traffic.
And th ey pointed out that if the potential ex i st s for it to be made
two -way traffic, we should wait until that time to reconstruct the street
and do the concrete work . Council Member Kozacek interjected that the
Highway Department wi 11 not a 11 ow Bannock to become a two -way street
bec ause of the island s, etc., constructed on US285 . Mr. Olmstead
suggested that Bannock Street s hould be reevaluated to see if the
construction is actually needed or if less expensive repair work would
suffice. Ms. Ragland explained that the longer the street is delayed , the
more expense the City incurs for maintenance and the more of a hazard it
becomes for drivers. To add an overlay increases the problem with the
high crown , and would not meet the City 's standards. Mrs. Olmstead
inquired about when the current road was built and wa s informed that
Bannock had not been included in any paving district since 1956, records
prior to that are sketchy. Mr s. Olmstead was of the opinion that it
should be the City's responsibility to maintain the road. Mr. Olmstead
agreed, s tating that it appe are d as if the City was trying to avoid its
responsibilities in the maintenance of Bannock . Ms. Ragland responded
that the street does not meet the City's standards of all other streets
which have been in paving districts since 1956, in terms of base, asphalt
and crown sect ion.
Dorothy Willi ams, who was previously sworn, made additional comments
concerning the condition of Kenyon as opposed to Bannock. She did not
feel that Bannock should be reconstructed at this time, as the street
isn 't that bad . She implied the only reason for the paving district was
to provide work for contractors.
3800 S. Bannock St. -Construct 32 ' -wide paving (6 & 2, remove and replace
existing vertical curb and gutter with 5'-walk on east and west sides as
necessary.
Elizabeth Granger, 3819 S. Bannock St. -asked about the three large elms
in front of her home which are scheduled to be removed. She wondered
where they could be replaced . Mr . Kahm explained that the tree s would be
replaced with an equal number of trees with replacement stock in J-1 /2" to
2" size, planted professionally, and the owner has the option of putting
them back in the parking area or any place in the front yard. Ms. Granger
was assured that the City would still remove the trees even if she hired a
private contractor to do the concrete work. It was pointed out that there
were certain distance restr i ctions for trees to be planted from the
concrete, also a s tandard for how close the trees can be planted to each
other. Ms . Ragland pointed out that the tree removal would have to be
coordinated with the concrete work if done by a private contractor . Ms .
Granger was advised that the savings she could realize by having the
concrete done by a private contractor could approximate 20-25%.
Engle\olvod City Council
October 20, 1988, Public Hearing -Paving District No. 33, Page 8
3900 S. Banno ck St. -Constru ct 32' -wide paving (6 & 2), remove and replace
existing vertical curb & gutter with S'walk on east and west sides as
nece ssary .
No one appeared .
4000 S. Bannock St. -Construct 32 '-wide paving (6 & 2), remove and replace
existing vertical curb & gutter with 5'-walk on east and west sides as
necessary.
Arl ene Eri ckson, 4097 S. Bannock St. -s tated her support of the reque st
of lmman ae l Lutheran Church. She further stated that she felt that
Bannock was in good condition and reconstruction could be deferred for
awhile. She pointed out that there isn 't much traffic on Bannock, mostly
local traffic .
1800 -1900 W. Caspian Place -Construct 40 '-wide paving (8 & 3). install Type
"B ' Industrial on south side; install Type '8" Industrial where not existing
on north side .
~ 1 an Huggins representing Merri 11 Engineering, 2390 S. Tejon, for property
oordered by Caspian, Tejon, Raritan, and Wesley -explained that Mrs.
Merrill was out of town, and he inquired if Hrs. Merrill could send a
1 etter to Council addressing he r concerns . Mayor Van Dyke replied in the
affirmative. Mr. Huggins further stated that their assessment would be
$65,000 and that business had not been very good the last few years. Hr .
Huggins assured Council that Hrs. M rrill's letter would be forthcoming.
3800 S. Delaware St. -Construct 32 '-wide paving (6 & 2); remove and replace
existing vertical curb & gutter with 5'-walk on west side as necessary; remove
and replace existing vertical curb & gutter with 4'-walk and install 4'-walk
where not existing on east side.
Laura Brown, 3B47 S. Delaware St. -presented a petition signed by all the
homeowners in the 3800 block of South Delaware, stating their opposition
to Paving District No. 33. She explained to Council why this assessment
would be a hardship for her, stating . ~e would much prefer to use the
money for windows, landscaping . etc. She did not feel that the sidewalk
warranted repair based on the minute fr act ion of differences in the
stones . She objected to the spray paint markings, stating it looked
really bad. She explained that the reason she had asked her neighbors to
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sign the petition was beca use she knew they were not in favor of the I
District, but that they probab 1y wouldn't attend the hearing to make their
position known to Council . She urged Council to exclude their block from
the paving district. Ms. Ragland advised Council t hat this is the last
block on Delawar~ to be in a paving district. Mayor Van Dyke explained
that a deferral , if appro ved , could only be fo r a maxi mum of six years .
James Kelley , 3876 S. Delaware St. -reminded Council Members that in
addition to the elderl y i n the 3800 bl ock of S. Delaware, there is another
group -young famili es -who wcJld al so find the as ses sments a hardship.
He felt most of th em would rather s pe nd mone1 on t he necessities of
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Englewood City Council
October 20, 1988, Public Hearing -Paving District No. 33, Page 9
improving their homes than on street repairs . He admitted that the street
wa sn't in the best condition , but felt it was livable. He felt ii it was
to be done, it should be done correctly (widened to match the rest of
Delaware). He inquired about tax mryney being used in Arapahoe Cuunty for
s tree t repairs, and he asked why Englewood did not have the opp nrtunity to
use some of those funds for its repairs . Mr. Waggoner advised Mr. Ke 11 ey
that Arapahoe County will not come into Englewood to pave striets . The
apportionment of monie s received from Arapahoe County for the Road and
Bridge Fund was explained . Mr. Kelley further stated he f elt hi s
neighborhood had been vandalized as a result of the spray paint.
Audrey L. Scott, 3855 S. De 1 aware St. -transmitted to Council copies of a
written statement which she read into the record of the meeting. She was
strongly opposed to the creation of Paving District No . 33 .
• * • * *
City Cl erk ' s Note: During Ms. Scott 's testimony, Mayor Van Dyke was absent
from the meeting from 10:06 p.m. to 10 :12 p.m.
* •• * *
Mal'y Trouth, 3868 S. Delaware St . -stated she realized that eventually
she would be required to put in a sidewalk. She inquired about lowering
the crown and rep 1 acement of the ut i 1 ity 1 i nes . Based on her experience
in this type of construction work, she was of the opinion that this work
should not be done in the spring and felt it should be done in the sunrner
months . She also stated that a seal coat would be sufficient and that
Delaware does not have to be reconstructed . She questioned what a "Prime
Coat' was, and it wa ~ exp 1 a i ned that a prime coat is app 1 i ed on top of the
base coat only when the ,-e is a delay in applying the asphalt on top of the
base coat, that the prime coat holds the base coat in place until the
as phalt can be applied . It was cv nfirmed that the width of the sidewalk
on the east side of OelJware would be 4'. She concluded, stating the
street was not in b3~ s h!pe, that a seal coat would be appropriate.
3400 S. Emerson St. -Construct 32 ' -wid e pavin , (6 & 2), install CWII on east
~i d• In stall curbwalk II where no t ex isting on west side . Re nwve and
re ,:1 .ce existing curbwalk II wher e nece ssa,·y on west side.
c;i ff J ohnson rer ~se nting Swedish Medical Center, 501 E. Hampden Ave. -
advised Counc i 1 that t.he hospita 1 owned about 90% of the 3400 block of
South Emers ,1.1, an<l ir,fomed Council that Swedish would like to have this
hl ocK deferred fo r about a year, possibly two. He stated it was Swedish's
intent ion to eventually close the s treet . He was unable to predict
P.xact'ly 111.en t ~e street would be closed since Swedish would have to own
:LO% of the property to take the street over and close it to traffic. It
·,;as explained to Mr. Johnson that Swedish 's r eques t would be considered .
City Clerk Crow advi sed Council that a letter from Swedish Medical Center,
s tati ng their position, had been received and would be entered into the
offi c ial record of the he ar ing and that Council will receive a copy .
Englewood City Council
October 20, 1988, Public Hearing • Paving District No. 33, Page 10
2900 S. Gal apago St. • Con struct 30 '-w ide paving (8 & 3), Install Type "8"
In dustrial on east side. In stall vertical curb and gutter on we st s ide.
No one appeared .
2000-23 00 W. Hillside Ave. -Construct 32 '-wide paving (6 & 2), install
Curbwa 1 k 11 on north and south si des where not existing . Reloc ate pol es to
back lot l ine easements .
Trent Meininger, 2332 and 2334 W. Hill s ide Ave. -stated he was in favor
of improving Hillside, that it was a very dangerous s treet with the power
poles in the middle of the street. He commente d that he had already paid
for the improvements [th rough developm ent escrow] and felt the City should
go ahead with the improvements.
Dean Re id, 2024 W. Harvard Ave. and 2000 W. Harvard Ave. -stated this
assessme nt would be a hard ship, having already paid assessme nt s for
Harvard and Tejon. He complained about commercial parking on hi s s treet,
and stated he will not dedicate his land for Hillside. He obj ected to the
construction and paving of the street as he prefers or~n space which is
one rea so n why he bought the land . He qu estioned wh ether sewer or water
line s would be an added expense. Ms . Ragland explained that water and
sewer line s wi 11 be i nsta 11 ed by the Utilities Department , and further, if
there is no building there now , sewer taps will be made to the si de of the
road and when developed, tap fees, in stallation, and other pro rated costs
would have to be paid ; there would be no immediate co st assessed to Mr .
Reid. He advised Council that he would incur additional expenses due to
this construct ion such as fence s, utility pol es, etc. Ms . Ragland
reviewed the proposal for Hillside Av enue to relocate t he utility poles to
the back lot line ea sement, the easement on the prop erty that would face
Hill si de Avenue; the City would pick up the costs of relocation and
negotiate with Public Service Company for reducing that cost. Therefore,
that cost ha s not been included as a part of the assessment to the
property owner. Howev er, Ms . Ragland ex plained this proposal would
require Council's approval . Mr . Reid complained abo ut a "bad" secti on of
Harvard Avenue, ab out the pot hole s on Tejon Street . He felt the City did
a very poor job of maintaining the streets which had been in previous
paving districts. He didn't want to remove his fence, and felt that if
the area is ope ned up it would cause incre ased crime in hi s area . He
sugg ested the City adopt "a freeze" and that the "creative graffiti" be
cleaned up and removed.
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Rodney Hansen, 2288 W. Hillside Ave. -stated he would be delighted to see I
the street put in and he felt it would be safer for the children. He felt
it would help police and fire prot ectio n for their area. Tran sport ation
is a prob l em as the School District refuses to provide them the same
service s given to the rest of Englewood 's citizens. He stressed that
pre se ntly it is not a safe situation, and stated he had no objection to
any of the assessments involved in the proposed paving district.
Ross Henderson, owner of three units on Hillside Ave . • stated he had
dedi cated his property back in 1983 and had been und er the impression the
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Englewood City Council
October 20, 1988, Public Hearing -Paving District No. 33, Page 11
street would be built s hortly after that . However, s ince it wa sn't, he
f elt the property value s had decreased in those five ye ars . He felt it
wa s time to get on with the paving distr ict. He co nfi rmed that he sti ll
owned the uni ts and did not object to an y of the asse ss ment s.
000 W. Jefferson Ave . -Co ns truct 32'-wide paving (6 & 2), r emove and replace
exist ing vert icaT""cur b & gutter with 5 ' -wa 1 k on north and sout h sides as
nece ss ary. Extra paving width on we s t end of block to be paid for by City .
and
000 W. Kenyon Ave. -Construct 32 '-wide paving (6 & 2), remove and replace
existi ng vert i ca 1 curb & gut te r with 4' -wa 1 k on north and south sides as
nece ss ary .
Pat Shank, 3606 S. Acv ma St., owner of tri -plex on Kenyon and Acoma
stated she had been in four previous paving di s tricts, and that this
district would affect her on both Acoma and Kenyon. She advised Council
that she had continually complained about the 18-wheeler s on Kenyon, and
corrrnented that traffic had increased on Kenyon even though Kenyon had been
blocked off at Santa Fe . She felt she had done her share of paving
Englewood streets . Council Member Kozacek informed Ms . Shank that Council
had objected to the closure of Kenyon, that it was closed at the request
of Sheridan. He also explained that others had been affected by numerous
paving districts and/or numerous streets in one pavi ng district, however,
he understood her concern . She further advised Council about the damage
done by trucks on Jefferson during the construction of the Overseas
Christian Servicemen's Center . She felt they should share the expense of
repairing it.
JOO W. Kenyon Ave. -Construct 32 '-1,ide paving (6 & 2), remove and replace
ex isting vertical curb & gutter with 4'-walk on north and south sides as
necess ary .
No one appeared.
000 E. Kenyon Ave. -Cons true t 32 ' -wide paving ( 6 & 2), remove and rep 1 ace
existing vert i cal curb & gutter with 7'-walk on north s ide as nece ssa ry .
Remove and rep 1 ace verti ca 1 curb & gut t,ir wit h 4' -wa 1 k on sout h side as
neces sary.
No one appeared.
100 E. Kenyon Ave . -Construct 32 '-wide paving (6 & 2), remove and replace
exist ing vertical curb & gutter with 9'-walk on north side as necessary .
Remove & rep 1 ace exist i ~g vertical curb & gutter with 4' -wa 1 k on so uth s ide as
ne cess ary.
No one appeared .
Eng 1 ewood ti ty Counc i1
October 20, 1988, Publ ic Heari ng -Pav i ng District No. 33, Page 12
3600 S. Lincoln St. -Construct 32 '-wide paving (6 & 2), remo ve and replace
exis ting vertical curb and gutte r with t,alk (walk width varies) on east and
west sides as necessary. In s tall 4'-walk on cul -de -s ac wh ere not existing.
No one appeared.
3700 S. Lin co ln St. -Const r uct 32 '-wid e paving (6 & 2), remo ve and replace
existing vertical curb & gut ter with 5'-walk on east and wes t s ides as
nec essary.
David M;ll er , 3700 S. Lincoln St . -requested that Paving District 33 be
di s bande d, based on the cons ensus of the people add r essing Co uncil at the
hearing as most of the people at the hearing said they couldn't afford
these improvements and didn 't think the improvement s we re need ed. He
commented upon the man ner in which the s pray paint marking s were made . He
comp 1 a i ned about the ma nn er an d quality of work which had bee n do ne i n a
previou s paving district ab out four years ago on Kenyon. He stated that
instead of r ep airing and maintaining the s treet s as it should, the City
had adopted a pl an to make the citizens pay for it. He suggested that
when the paving district program wa s adopted maybe it was a good idea, but
not now . With the economy what it is, the people don 't want these
improvements and can't afford them . He further suggeste d that the City
take the money it would spe nd on its share of this district and use t hat
money to repair the street s, do more street sweeping, provide better
snow/ice removal. He felt the citizens were overtaxed on all levels, and
urged all governments to find ways to reduce expenditures, not continue to
spend money . He did not feel these improvements would enhance his
property , and that the s treet was in good condition if the City did its
part of maintaining it. Council Member Kozacek informed Mr . Miller that
considerable effort had been made by th is Cou ncil to cut expense s and the
budget has been decrea se d over th~ past three years. He also advis ed Mr .
Miller that a new draining systems is being installed to alleviate most of
the ice problems on Kenyon Mr. Mi 11 er cone l uded s tating he was not
asking for extra services and he hoped Council under stood the message the
people were giving th em abou t not wanting or needing these improvements.
He conclud ed with deroga tory comm ents concerning ttie Dire ctor of
Engineering Services an d the Office Engineer .
The fact that the 3700 block of Sout h Lincoln had been deferred previously
wa s confirmed for Council Me mber Koltay .
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Shelly Fritz, 3762 S. Lincoln St. -was opposed, and stated she would like I
to see it deferred until the economy wa · better. She commented that the
street i s quite dark and requested that a li ght be installed for the
sa fety of th e children. Mr. Waggon er responded that the City 's policy is
that the int er sections are l ight~1 but light s are not in stalled at
mid-block in r es idential stree t s. He advised that Publi c Service Company
will install area li gh t s for resident s who re que s t ~hem.
3800 S. Lin ·;rln St. -Construct 32 '-wide paving (6 & 2), r emo ve and replace
existing vertical curb & gutter with 5'-walk on east and west sides as
nece ss ary.
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Englewood City Coun:.11
October 20, 1988, Public Hearing -Paving District No. 33, Page 13
No one appeared.
3100 -3200 S. Shoshone St. -Construct 40 ' -wide paving (8 & 3); install Type
''B '" Industrial on ea s t and we s t side s.
Bruce l.owdermil k representing the Lowdermilk family, owners of the
prop erty at 1950 W. Dartmouth Av enu e , s tated the i r opposition . He
informed Council that the family i s in the process of selling the
property; any cost s of improvement s would have to be added to the value of
the la~d, and it i s es timated their asses sment would be approximately
$70 ,000 . He commented that the purcha ser would probably have to r edo most
of t hese i mpro vem ent s , an d it do es n't mak e good sense to do this work
1·ight now . He furth er commented that since Sho s hone i s now dead -ended at
Hampden , the stree t doesn't carry much traffic; and s ince it's already
paved, it doesn't make much sense to ins ta 11 curb and gutter at this time.
Council Member Clayton inquired about the curb and gutter and was advised
that it wa s 6-1 /2" wide , comparable to continuou s curbcut so that access
wouldn't be a problem for future development.
Steven Mulhern , agent for the Lowdermilk property at 1950 W. Dartmouth
Avenue -advised Council of the benefits of this property , :., . , size,
zoning , acc ess to rail service. He was of the opinion that including
Shoshon e in the paving district at this time was detrimental to the
development of the area and for that reason it sh ould be exempted from the
district.
David Frost , r epresenting Welbourne property on east s ,de of Shoshone -
informed Co uncil that he agreed with Mr . Mulhern 's comments. He also
advised Council that the assessment s for the three large buildings owned
by Welbourne (bus ;ness address 420 E. 58th Avenue) would be passed on to
the tenants as stipulated by leases with the tenants . Economically, it is
not a good tim~ to do these improveme nts, it would be an extreme hardship
on those tenants . fie expressed concern that if Shoshone is kept in the
paving district it could adversely affect lease s under consideration .
Clerk Crow informed Council of three letters of protest which had been
received as follow s :
Two l etter s fro.,, the Lowd ermil fa mil y; on e letter fro m Pa ul Welbourne .
All three letters were accept ed into the record of the hearing ; copie s will be
provid ed to Council .
Agne s Vardeman, Var de man & Son Junk Yard, 1985 We s t Baker -as ke d i f Baker
is done betwe en Tejon and Raritan, how long th e work will take? She
commented that it i s necessary to get their 2-ton truc ks in and out of the
yard every day of t he week. Mr . Kahm advi sed her that if there is more
than one driveway acc ess ible , th e drivewa ys could be done at different
time s or half of the dr iveway done at one time and half at another . This
didn 't answer her concern. Mayor Van Dyke suggested that the Engineering
Department find a way to r esolve thi s problem for Mr s. Vardeman .
Englewood City Council
October 20, 1988, Publ \c Hearing -Paving District No. 33, Pa~e 14
Gary Sandritter, previou s l y sworn, retur:1ed to t11e podium a.id stated he
owned the warehou se nex t door to the Var~~mans. He offered parking to the
Va rdemans, b11t Mr s. Vard em,,n was co ncernec: about vanda 1 i sm.
1600 -1700 W. Wesley Ave. -Construct 40'-wide paving (8 & 3), i nstall Type "B"
In dustrial on north s ide . Construc t Type "B" Indu str ial where not exist ing on
south side.
No one appeared.
1800 -1900 W. Wesley Ave . -Cons t r uct 40'-wide paving (8 & 3), install Type "B'
Industrial on north and sou th s ides .
No one appeared.
The, e were no further witnesses wishing • o testify.
COUNCIL HEHBER KOZACEK MOVED , COUNCIL HEHBER HATHAWAY SCCONDED, TO CLOSE THE
PUBLIC HEARING .
Aye s:
Nays:
Abstain :
Ab sent:
Mot ion carried.
3 . Adjournment
Cou ncil Members Ko ltay, Hath away,
Habenicht, Clayton, Va n Dyke
None
None
None
Ko zace k, By r ne
COUNCIL HEHBER KOLTAY !!1WED TO ADJOURN . The meeting adjourned at 11 : 10 p.m .
~/ ff ((."r ~\
City Clerk
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