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HomeMy WebLinkAbout1979-05-14 (Special) Meeting MinutesCITY COUNCIL POLICE/FIRE CENTER -ERNIE ANDERSON ROOM May 14, 1979 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on May 14, 1979, at 7:00 p.m. Mayor Pro Tern Mann, presiding, called the meeting to order. The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Mayor Pro Tern Mann. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Weber, Smith, Harper, Clayton, Mann. Absent: Council Members Williams, Taylor. The Mayor Pro Tern declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Director of Engineering Services Diede Deputy City Clerk Watkins * * * * * * Mayor Pro Tern Mann stated the purpose of the meeting was to consider an ordinance approving the whole cost of the improvements made in Paving District No. 23. COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING CONCERNING PAVING DISTRICT NO. 23. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Weber, Smith, Harper, Mann. None. Council Members Williams, Taylor. The Mayor Pro Tern declared the motion carried. May 14, 1979 Page 2 Director of Public Works Kells Waggoner, appeared before Council and made the presentation on the paving district documenting the processes of creating and completing the district. The district I covers Dartmouth Street from Zuni Street to Santa Fe Drive. Mr. Waggoner stated $224,900 will be paid by the federal government; $28,800 by the City; and $58,700 will be assessed to the property owners. Mr. Waggoner discussed the optional methods by which the property owner can pay for the assessment. Director of Engineering Services Gary Diede, appeared before Council and discussed the types of improvements that were made, the method of assessment, and the unit cost related to the final assessment. Mr. Waggoner stated a report will be prepared concerning the protests that are registered at this hearing and it will be pre- sented at the June 4th Council meeting. The final reading of the assessment ordinance will be considered by Council at their regular meeting on June 18, 1979. Mr. Waggoner stated the assessment costs quoted at this hearing are at a reduced rate than quoted beforehand because of the federal government's participation in the project. Mayor Pro Tern Mann asked if anyone in the audience wished to speak in favor of the assessments. No one responded. Mr. Roy English, 8560 West Jefferson, Denver, stated he had some questions concerning the district and requested permission to appear before Council. Mr. English asked how the assessment was com- puted on his property since it sits off the street and at a slope to Santa Fe. Director Diede stated the asphalt was still broken down to front footage and the assessment straight back on a front footage basis. Mr. English stated he sold the property last year and asked who would be responsible for paying the assessment. City Attorney Berardini stated language in the sale agree-I ment dealing with assessments will control who will pay. In further response to Mr. English's ques t ion, Mr. Berardini stated if such language is not contained in the agreement, then ordinarily, the purchaser will have to pay because they receive the benefit of the improvement. Mayor Pro Tern Mann asked if anyone in the audience wished to speak to Council either in favor or opposition to the assessments in Paving District No. 23. No one responded. I May 14, 1979 Page 3 COUNCILMAN CLAYTON MOVED TO CLOSE THE PUBLIC HEARING ON PAVING DISTRICT NO. 23. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Weber, Smith, Harper, Mann. Nays: None. Absent: Council Members Williams, Taylor. The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Mann closed the public hearing at 7:25 p.m. and announced the next public hearing would be on Paving District No. 25 scheduled to begin at 7:30 p.m. * * * * * * The Council reconvened at 7:30 p.m. Mayor Pro Tern Mann, presiding, called the meeting to order. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Weber, Smith, Harper, Clayton, Mann. Absent: Council Members Williams, Taylor. The Mayor Pro Tern declared a quorwn present. Mayor Pro Tern Mann stated the purpose of the hearing was to consider an ordinance approving the whole costs of the improvements made in Paving District No. 25. COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING CONCERN- ING PAVING DISTRICT NO. 25. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Weber, Smith, Harper, Mann. Nays: None. Absent: Council Members Williams, Taylor. The Mayor Pro Tern declared the motion carried. May 14, 1979 Page 4 Director of Public Works Waggoner appeared before Council and made the presentation on the paving district docwnenting the pro- cesses of creating and completing the district. The district covers I several and various streets throughout the City. Mr. Waggoner stated that $234,901 of the costs for the project will be paid by the City and $664,667 of the costs will be assessed to the property owners. Mr. Waggoner discussed the optional methods by which the property owner can pay for the assessments. Mr. Waggoner stated a report will be prepared concerning the protests that are registered at this hearing and it will be presented at the June 4th Council meeting. The final reading of the assessing ordinance will be considered by Council at their regular meeting on June 18, 1979. Director of Engineering Services Gary Diede appeared be- fore Council and discussed the types of improvements that were made, the method of assessments, and the unit cost related to the final aaaeasment. Mayor Pro Tern Mann asked if anyone in the audience wished to speak in favor of the paving district. No one responded. Mayor Pro Tern Mann asked if anyone in the audience wished to speak in opposition to the paving district. Mayor Pro Tern Mann entered into the record the following letters of protest to Paving District No. 25: Ann L. Smith, 2954 South Galapago Street Audrey L. Scott, 2926 South Galapago Street Clayton and Eleanor Smith, 4100 South Galapago Street Hrs. Paul Martin, 4166 South Lincoln Street Charles and Virginia Quesnoy, 2917 South Fox Street V. T. Tate, Tatewell Enterprises, 4781 South Grant Street Hugh and Mary Frazier, 4569 South Pearl Street Heson and Carol Masoudi, 2607 South Adams Street, Denver protesting the assessment at 4765 South Logan Street *Hr. Porfidio and Norma Jean Prado, 780 West Oxford *Hr. George F. Wenzel, 4090 South Huron *Hr. Newton Magoun, 805 West Oxford *Mr. Kenneth A. Love, 777 West Oxford *Ms. Grace Womeldorff, 4070 South Huron *Hr. Chester Moyer, 770 West Oxford *Hr. Peter L. Tardiff, 4101 South Galapago *The above people who signed the petition were represented by attorney John T. Van Voorhis. May 14, 1979 Page 5 Councilman Clayton reported that he was in receipt of a letter signed by several people protesting the finished work and assessments in the 4500 block of South Pearl. Mr. Clayton stated he did not have the letter with him and would submit it to Council as soon as possible. Mayor Pro Tern Mann stated Council would hear objections to the district one street at a time. Mayor Pro Tem Mann asked for objections to 3200 South Delaware Street. Mr. Marvin Lavely, 3205 South Delaware, appeared before Council. Mr. Lavely opposed his assessment because the people living across the street from him were assessed the same amount for a 100 foot frontage as he was for a 50 foot frontage. Mr. Lavely asked for an explanation. Director Diede expalined that the property across from Mr. Lavely was assessed on twice as much front footage; however, the assessment was being paid by two property owenrs. He added Mr. Lavely was the only property owner from the front of the pro- perty back to the alley. The property across had two owners - one owning the front half and the other the back half; therefore, they had to share the assessment cost. Mr. Lavely reported the curbing had deteriorated down to the rock bed. He stated the City had promised that the work would be repaired. Mr. Lavely stated he did not want to pay the assess- ment until all repair work had been completed to his satisfaction. Director Diede stated there have been some problems in the district concerning the concrete due to the weather and poor quality concrete material. Director Diede stated he has discussed this problem with the contractor and the City is withholding pay- ment of his retainage fee until all the repairs have been completed. Mr. Lavely stated workmen from the City have been out to measure the concrete and promised him that the repair work would be done within two weeks and that was several weeks ago. Director Diede stated Mr. Lavely's name and address is probably on the list of concrete repairs. The City is making every attempt to see that the contractor completes his work satisfactorily. May 14, 1979 Page 6 Mrs. Beverly Howe, 3255 South Delaware, appeared before Council. Mrs. Howe stated she was not satisfied with the sidewalk along the front of her property. She stated the crew had to break up the old sidewalk when the street was put in; but the replaced sidewalk was crumbling and falling apart. Councilman Smith asked if staff had a list of names to verify the complaints registered at this hearing. Mr. Waggoner stated there was list; however, he did not have it with him. There were many more names on the list than what will be taken during this hearing. Mr. Waggoner stated part of the pro- blem was that the whole concrete industry was having its difficult- ies, namely, a concrete strike. Mr. Waggoner stated the poor quality concrete coupled with bad weather have resulted in spalling and det- rioration. He stated the City expects to hold the retainage fee until the contractor has completed all repairs to the satisfaction of the City. Councilman Smith asked if all the work was being inspected as a matter of follow up or whether inspections were initiated through telephone complaints. Director Diede replied that every area was inspected and any in need of repair have been documented and placed on the list. Mr. Diede stated there may be areas that show deterioration at a later date but there was a two-year warranty on the work. There were no further objections for 3200 South Delaware Street. Mayor Pro Tern Mann asked for objections to 3000 South Fox Street. Mr. Terry Schaff, 3032 South Fox Street, appeared before Council. Mr. Schaff asked why should the residents on his street have to pay for the assessments when the street was used mostly by heavy industrial trucks. Mr. Schaff stated it was unfair that the heavy trucks use a residential street for access to an industrial area. Mr. Glbert Fisher, appeared before Council. Mr. Fisher stated he owned property at 3080, 3070 and 3066 South Fox. Mr. Fisher stated the truck traffic is excessive on Fox and the street was not constructed to handle the load. Mr. Fisher stated the found- ation of some of his homes are cracking and attributed the cause to truck traffic. Mr. Fisher stated sifns need to be posted to keep out the trucks. He stated he has ca led the traffic department and complained about this problem. Mr, Fisher stated if the City intends for the property owner to pay for the street then he wished the City would put up signs prohibiting trucks; otherwise, have the iron works pay for the street. May 14, 1979 Page 7 Mr. Vernon Tate, 4781 South Grant, appeared before Council. Mr. Tate stated he owned Lots 8 and 9 at 3028 South Fox. He posed the same questions as Mr. Schaff and Mr. Fisher. Mr. Tate stated the lots are vacant but he plans to build on them. The assessments at the vacant lota were the highest on the block because additional con- crete waa put in. Mr. Tate stated a driveway was constructed on one lot, it happens to be in the wrong place and will not conform to his building plane. There were no other objections for 3000 South Fox Street. Mayor Pro Tern Mann asked for objections to 4000 South Galapago Street. There were none. Mayor Pro Tern Mann asked for objections to 4100 South Huron Street. There were none. Mayor Pro Tern Mann asked for objections to 100 East Layton Avenue. Mrs. Verna Hanney, 4799 South Sherman AVenue, appeared be- fore Council. Mrs. Hanney stated her assessment was approximately $600 higher than the assessment across the street and asked for an explanation. Mrs. Hanney asked if the difference was the cost of removing three trees on her property. Director Diede stated the City pays for removal of all trees that are in the right-of-way line. The reason would be the sidewalk, curb and gutter replacement. Mayor Pro Tern Mann stated staff would research the matter and get back to her. There were no further objections to 100 East Layton Avenue. Mayor Pro Tern Mann asked for objections to 400 East Layton Avenue. There were none. Mayor Pro Tern Mann asked for objections to 600 -800 West Oxford Avenue. Mr. Carlin Bleidt, Lobato-Bleidt, Bleidt & Haight, P.C., appeared before Council. Mr. Bleidt stated he was representing seven property owners in the paving district: May 14, 1979 Page 8 Mr. and Mrs. Prado, 780 West Oxford Mr. George Wenzel, 4090 South Huron Mr. Newton Magoun, 805 West Oxford Mr. Kenneth Love, 777 West Oxford Ms. Grace Womeldorff, 4070 South Huron Mr. Chester Moyer, 770 West Oxford Mr. Peter Tardiff, 4101 South Galapago Mr. Bleidt requested a written response on each of the above property owners' aaaessments and how the property was assessed. Mr. Bleidt stated he felt there were some things that have taken place in the district which are in violation of the state con- stitution. The district primarily benefits an industrial area and while not aaaesainf the industrial area it is a denial of equal pro- tection to the rea dents. Mr. Bleidt stated there must be a reason- able relationship between the assessment and the benefit received in a ··paving district. The benefit will be to the surrounding in- dustrial areas and not to the residents. Mr. Bleidt argued that certain districts received monetary award and others did not. In paving district 125, no money was received from the Urban Systems Program whereas in paving district 123 money was received. There- fore, there baa been a punishing of one district; namely #25. Mr. Bleidt stated the property owners have limited income and argued that they will not receive any direct benefit from the district. Mr. Bleidt stated there were no notices of the basis on the form that was used on determining what the estimate was or open bidding on some of the concrete material. Director Diede stated there was open bidding on the concrete material and paving. The property owners did have the option to com- plete the concrete work before a certain date if they preferred to do so. More than one bid was received. Mr. Bleidt stated since the quality of the work appears to be poor, the benefit of the work has not yet been conferred on the owners. He submitted that the assessment is premature and could not be collected at this time because it would be a pretaxation. Mr. Bleidt asked that the City Council stay the final passage of the ordinance levying the assessment until all the repairs have been made and reconsider the amount of monies contributed by the City in view of the benefit to the City and the industrial sections. Mrs. Eleanor Smith, 4100 South Galapago, appeared before Council. Mrs. Smith requested an itemized list concerning her assessment. She requested an explanation as to why the assessment was highter on Galapago than Fox. Mrs. Smith complained of the truck traffic on Oxford and stated the street will not hold up under these conditions. May 14, 1979 Page 9 Mr. Trigg Shelton, 4085 South Huron, appeared before Council. Mr. Shelton stated he has lived at this property for 9 years and was witness to the increase of traffic on Oxford. Mr. Shelton also questioned why the crews dug holes in the street, filled them up, then paved over them. Mr. Shelton stated he felt the assessment was wrong. Mr. Newton Magoun, 805 West Oxford Avenue, appeared before Council. Mr. Magoun stated he felt Oxford and South Huron were in good condition before the paving was done. He stated he was on a fixed income and could not make the payments. There were no further objections to 600 -800 West Oxford Avenue. Mayor Pro Tern Mann asked for objections to 200 West Prince- ton Avenue. Ms. Janice Metcaff, 4150 South Cherokee, appeared before Council. Ms. Metcaff stated she did not hear the presentation and asked for clarification of the zone assessment method. Director Diede explained how the zone assessment was com- put ed. There were no further objections to 200 West Princeton. Mayor Pro Tern Mann asked for objections to 100 -300 East Princeton. Mr. Richard Fullerton, 4197 South Logan, appeared before Council. Mr. Fullerton contended that he did not get any prior notification of the assessment; and since he was a general con- tractor he could have completed the work himself. He requested a breakdown of costs and a reason why they are paying for a certain amount. Mr. Fullerton felt the work was not an improvement but an increase in costs borne by the properrty owners. He stated of the three trees that were replace, one was dead and will have to be replaced as well as some dead grass. Mr. Fullerton re- quested the City to consider a backcharge against his assessment for these costs and to postpone the assessment until he is satisfied. There were no further objections to 100 -300 East Princeton Avenue. Mayor Pro Tern Mann asked for objections to 000 -400 East Union Aveneu. There were none. May 14, 1979 Page 10 Mayor Pro Tem Mann asked for objections to 2000 -2300 West Wesley Avenue. There were none. Mayor Pro Tem Mann asked for objections to 400 -600 West Bates Avenue. Mr. Charles Van Arnam, 2920 South Elati, appeared before Council. Mr. Van Arnam stated he received no notice of the district and has lived at the above address for 2 years. He stated he did not understand why he was paying for a street he did not live on. Mrs. Audrey Scott, 2926 South Galapago, appeared before Council on behalf of Ann L. Smith, 2954 South Galapago. Mrs. Scott read Mrs. Smith's protest letter for the record. Mrs. Audrey Scott, 2926 South Galapago, appeared before Council. Mrs. Scott questioned why she was being assessed for the 600 block of West Bates when she thought she lived in the 700 block. Director Diede explained that the 600 block of West Bates was between Fox and Galapago and the 700 block was on the west side of Galapago. The east side of the Galapago is within the 600 block. Hrs. Scott asked why was she being assessed; why upon de- fault of payment within the ten year period the total amount becomes due-Mrs. Scott stated this was not explained in the letter; does the installation of storm sewers get assessed to the property owners; and if there were any federal funds available for Paving District #25. Mrs. Scott objected to the assessment because she felt she was receiving no benefit from it. Director Diede stated she was being assessed for the asphalt. Director Waggoner explained the section on default of payment was not in the letter and the fact that the amount becomes due and payable is the standard procedure the County uses in handling any assessment or lien against the property. Director Diede stated the City pays for installation of storm sewers and there were no federal funds for this district. The City had applied for federal assistance for Oxford; however, the application did not receive enough points to be granted money. Director Diede stated most of the streets in the district are not urban system streets thus disqualifying the district for any assist- ance for federal funds. Mayor Pro Tem Mann stated staff would prepare a letter to Hrs. Scott in response to her questions posed at this hearing. May 14, 1979 Page 11 Mrs. Scott stated that she had called the City when she re- ceived the public notice last year. The person she talked with assured her that she was not involved in the paving district and that she need not attend the public hearing. Director Waggoner stated if she had received a letter then she would be in the district and assessed. Mrs. Virginia Quesnoy, 2917 South Fox, appeared before Council. Mrs. Quesnoy asked how they would be billed and why did they widen Bates. There were no further objections to 600 -800 West Bates Avenue. Mayor Pro Tem Mann asked for objections to 1900 West Cornell Avenue. Mr. Phil GriDlll, 1920 West Cornell, appeared before Council. Mr. Grilllll stated he was aaaeaaed twice the amount quoted to him, he had called the City about it and after the department had checked it, there waa an error. The amount will be reduced by 28t. There were no further objections to 1900 West Cornell Avenue. Mayor Pro Tem Mann asked for objections to 2900 South Shoshone. There were none. Mayor Pro Tem Mann asked for objections to 2900 -3000 South Umatilla Street. There were none. Mayor Pro Tem Mann asked for objections to 2900 -3000 South Vallejo Street. There were none. Mayor Pro Tem Mann asked for objections to 3000 South Dartmouth Circle. There were none. Mayor Pro Tem Mann asked for objections to 4100 South Elati Street. There were none. Mayor Pro Tern Mann asked for objections to 4500 South Pearl Street. May 14, 1979 Page 12 Mr. Marvin Minnick 4565 South Pearl, appeared before Council. Mr. Minnick stated the overlay was leas than 3/4" thick and passed around photographs. Mr. Minnick stated the cost of assessment ia higher than what was quoted to him. Mr. Hugh Frazier, 4569 South Pearl, appeared before Council. Mr. Frazier stated the first notice he received was the assessment letter and asked for a breakdown cost. Dennis Olson, 4572 South Pearl, appeared before Council. Mr. Olson stated he felt the street was in food condition before the paving was done. He asked Councilman C ayton how he felt about it. Councilman Clayton replied the assessment will be rechecked and asked the staff to recheck the street. Mrs. Rita Reen, 4564 South Pearl, appeared before Council. Mrs. Reen stated she had received no prior notice and did not know how she was going to pay the assessment since her husband was out of work. Mr. Marvin Minnick, 4565 South Pearl, reappeared before Council. Mr. Minnick asked when will the City break up the street again to install water mains. Mr. Minnick queried the provision of the ordinance concerning default in payment. He stated he did not see it in the newspaper. Mary Frazier, 4596 South Pearl, appeared before council. Mrs. Frazier stated young families were beginning to buy homes in her neighborhood, but would not continue if they had to pay for a house and assessments, too. '11lere were no further objections to 4500 South Pearl Street. Mayor Pro Tem Mann asked for objections to the Alley East of 4700 South Broadway. There were none. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMAN CLAYTON SECONDED THE MOTION. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Weber, Smith, Harper, Mann. None. Council Members Williams, Taylor. May 14, 1979 Page 13 The Mayor Pro Tern declared the motion carried. Mayor Pro Tem adjourned the meeting at 9:30 p.m.