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HomeMy WebLinkAbout1973-03-26 (Special) Meeting MinutesI I I I CD.JNCIL ClIAMBERS CI'IY OF ~D, CX>LORAOO MARai 26, 1973 SPECIAL~: The City c.ouncil of the City of Englewood, Arapahoe County, Colorado met in special session on March 26, 1973 at 7:30 P.H., in the Council Clumbers, City Hall, Englewood, Colorado. The following ''Notice of Call" was read by the City Clerk: rcrrra OF CAIL BY 'IRE MAYOR FOR A SPECIAL SESSIOO OF 'IRE CI'IY CXXJNCIL ~. MAROI 26, 1973 7:30 P.H. nte City c.ouncil of the City of Englewood, Arapahoe County, Colorado, is hereby called to a special meeting at the Englewood City Hall, 3400 South Elati Street, to consider the following agenda: (1) Public hearing to consider the assessments of Paving District No. 21. (LI.st of streets and alleys in the Paving District and copies of the letters of protest received transmitted herewith.) (2) Tree l:inb pick-up program. /s/ STANl.EY H. DIAL City Manager ~ OF REQ:IPT OF tCI'ICE nie following persons, all Council nerbers of the City of F.nglewood, so hereby ackoowledge receipt of notice of the above special session: /s/ Judith B. Henning /s/ Paul Blessing /s/ Howard R. Brown /s/ Milt.al E. Senti /s/ Wemer D. Schnackenberg /s/ Dallas Dhority /s/ El.mer E. Schwab Mayor Senti, presiding, called the meeting to order and then asked for a roll call. Upcn the call of the roll, the following were present: Council Menbers Schnackenberg, Henning, Brown, Blessing, Senti. Absent: c.ouncil Menbers Schwab, Dhority. The Mayor declared a quorun present. Also present -were: City Manager Dial Assistant City Manager McCown City Attorney Berardini Director of Finance Nollenberger Director of Public Works Waggoner CXlK:lliD1AN ~ MJVED AND <XX.fiCIIMAN BLF.SSIR:; SECmDED A MJI'IOO 'IO OPEN A PUBUC HF.ARm:; 10 ~SIDER 'IRE~~ R>R PAVIR; DISTRICT 00. 21. Upcn the call of the roll the vote resulted as follows: Ayes: Co\DCil Meni>ers Sclnackenberg, Henning, Brown, Blessing, Senti. Nays: None. Absent: Col.ncil Merrt>ers Set.Jab, Illority. The Mayor declared the DDticn carried, and the public hearing opened at 7:30 p.m. (A tape recording of the public hearing is on file with the official records) Listed below are those individials who appeared before City Council and the letters of protest which -were received. City Manager Dial gave a presentation covering the major portions of the perti- nent information concerning Paving District No. 21. He reviewed the creation of the district, the size of the district, final assessment procedures and methods of payment on tax statements fran Arapahoe Colnty. He stated that the City of Englewood in 1972 awarded a contract to the low bidder for construction in Paving District No. 21. Besides construction costs, other costs include engineering, adninistrative overhead and interest during the sane of the cost in areas in which larger streets were constructed. The land owners bore the cost only to the degree necessary for a street and a residential-zoned area. He stated that any individuals paying their assessment by May 21, 1973, ~d be allowed a 5% discount on their bill. If, however, they chose to finance the i.J11>rovement over a ten-year period, they would be charged a rate of 591 592 -2- 51.. per year as billed by the County Treasurer on a yearly property tax statement. The first statement on January 1, 1974 would bear no interest after which time interest would begin to apply. If the assessment were not paid in a timely fashion, the total annmt of the bill becane imnediately due and collectible under the Q:nmty's nonnal collection method. City Manager Dial additiooally noted that previous to the establishment of Paving District No. 21, notice to the property owners had been given and plblic hearings had been held. Public \.brks Director Kells Waggoner outlined the method used in conplting assessment costs. He gave detailed conpariscns of the estimated vs. final costs in Paving District No. 21. As a general rule the costs were lower than the original estimate. Mr. Dooald Arthur, 3853 S. Broadway, questioned why the City paved a dead-end alley, creating an assessment en his property. Di.rector of Public Works Waggener stated that the alley was not a dead-end alley but rather enptied out in a L-shaped fashion. Mr. M. A. Keith questioned how property could have assessments calculated against it when no i.J1t>rovement had been nede to the property. Director of Public \.brks Waggoner stated that a lot of a frontal street was assessed at a higher basis. However, lots located within a certain distance of any paved street, were eligible for assessment also. Mr. M. A. Keith questioned why the people in the paving district were not notified prior to its establishnent. City Manager Dial stated that a public hearing was held last year previous to the establishnent of the district and that legal notices were published in the paper. Additiooally, notices were DBi.led to the owner on record at the County of each property. Mr. John Criswell, attorney for Mr. & Mrs. John Schnidt questiened Mr. Waggoner of the total cost of the contract and its subsequent breakdown for adnini.strative overhead costs. Director of Public \.brks Waggoner stated that the contract cost was $253 ,068 onto which an additiooal $29% had been added for the other factors to come up with the total cost. Mayor Senti then asked if any letters of protest had been received and/or if anyone present wished to speak en the following i.J1t>rovements: 2700 S. AcalB Street (fran West Yale Avenue to West .Anherst Avenue) 'nle City Clerk indicated that no letters of protest had been received. No perscns appeared in opposition. 2800 S. AcalB Street (fran West Anherst Avenue to West Bates Avenue) The City Clerk indicated that a letter had been received from Leona Koss, 2834 S. Acata, dated March 13, 1973, and copies transmitted to Council. No persen appeared in opposition. 3000 S. AcalB Street (fran West Cornell Avenue to West Darttoouth) The City Clerk indicated that no letters of protest had been received. No perscns appeared in opposition. 3100 S. AcatB Street (fran West Darttoouth to West Eastman Avenue) 'lhe City Clerk indicated that no letters of protest had been received. No perscns appeared in opposition. 2900 S. Elati Street (fran West Bates Avenue to West Cornell Avenue) 'nle City Clerk indicated that a letter had been received fran Mr. and Mrs. H. L. Volmer, 4547 So. Clarksoo, dated March 21, 1973, and copies transmitted to Council. Mr. H. L. Vol.mer appeared before Council concerning the assessment and stated that roly cne sectioo of sidewalk was cracked and broken previous to the paving district. n.iring construction, the contractor broke additiooal segtlE!lltS of the sidewalk which apparently he (Mr. Volmer) was being forced to pay for. 4300 S. Galapago Street (fran West Quincy Avenue to West Radcliff Avenue) The City Clerk indicated that no letters of protest had been received. No persons appeared in opposition. 000 East Laytoo Avenue (fran South Broadway to South Lincoln Street) 'nle City Clerk indicated that no letters of protest had been received. No persoo appeared in opposition. I I I I I I I I -3- 200 East Laytal Avenue (from South Sherman Street to South Logan Street) 'llle City Clerk indicated that a letter had been received from Jerael M. Jaies, 4797 So. Grant, dated March 21, 1973 and copies transmitted to Council. 'llle City Clerk indicated that a letter had been received from Charley N. and Grace E. McCarty, 4801 So. Grant, dated March 14, 1973 and copies transmitted to Council. Mrs. Grace McCarty, 4801 So. Grant appeared before Council concerning the assessnent. She stated that the street was oot in as good a conditiai as it was previous to the paving district. 'llle drainage in the area was oot adequate. 'llle street frequently has standing water in it which turns to ice in the winter. She additionally questioned the cost of the radius. Additionally, she stated that the area only had a 4" sidewalk when a 6" side- walk had been specified. 300 East Laytat Avenue (from South Shennan Street to South Logan St.) 'llle City Clerk indicated that a letter had been received from Mr. Joseph A. & Sharoo G. Vandell, 4800 So. Sherman, dated March 19, 1973, and copies transmitted to Council. The City Clerk indicated that a letter had been received from Charlie M. AnderSat, 4790 S. Sherman, dated March, 1973 and copies transmitted to Council. 'llle City Clerk indicated that a letter had been received from Mr. Dennis & Doris Kathol, 4835 S. l.Dgan, Mr. ~rvin & Mrs. Exie Rhoclan, 4851 So. Logan, and Mr. and Mrs. Frank Flick, 4825 So. Logan St. , dated March 22, 1973, and copies transmitted to Council. Mrs. Sharon Vandell, 4800 S. Sherman, appeared before Council in relation to the assessment. She stated that the wrk done by the contractors was an extremely sloppy job and that the street had ouch water sitting in it due to poor drainage conditions. Water in the street cbring the winter had frozen making walking along the sidewalks extremely hazardous. 3600 South Pennsylvania Street (from U.S. Highway 285 to Little Dry Creek) 'llle City Clerk indicated that oo letters of protest had been received. No persons appeared in opposition. 2000 West College Avenue (from South Tejon Street to South Zuni St.) The City Clerk indicated that oo letters of protest had been received. No persons appeared in opposition. 2100 West College Averrue (from South Tejon Street to South Zuni St.) The City Clerk indicated that oo letters of protest had been received. No persons appeared in opposition. 2200 West College Averrue (from South Tejon Street to South Zuni Street) The City Clerk indicated that oo letters of protest had been received. No person appeared in opposition. 2300 West College Averrue (from South Tejon Street to South Zuni Street) The City Clerk indicated that oo letters of protest had been received. No persons appeared in opposition. 2000 West Cornell Averrue (from South Tejai Street to South Zuni Street) The City Clerk indicated that a letter had been received from Mr. M. A. Keith 3070 So. Wyandot and copies transmitted to Council. Mr. M. A. Keith , 3070 So. Wyandot appeared before Council concerning the assess- ment. He stated that the street which he was being assessed for had no businesses bordering the street. The street was one and a half blocks SJNaY from his business. \tllel1 he applied for a building permit at original construction, he had to donate a 30' right-of-way for a street to be put in in the future. He questioned the need to pave this street at this time. City Manager Dial stated the City has had a program to try to get all the streets in the City paved and that this one was chosen for the current paving district year. 2100 West Cornell Averrue (from South Tejon Street to South Zuni Street) The City Clerk indicated that oo letters of protest had been received. 593 594 -4- Mr. ~ Panrening, 2100 West Cornell appeared before Council in camectioo with the assessment. He stated that since the new street had gooe in, it has created nuch water and nud problem for his hane. Ibe to the elevatioo of the street in relatioo to his heme, he expects a basement full of water at the next rainstorm. 2200 West Cornell Avenue (fran South Tejoo to South Zuni Street) The City Clerk indicated that no letters of protest had been received. No persons appeared in oppositioo. 2300 West Cornell Avenue (fran South Tejon Street to South Zuni St.) The City Clerk indicated that no letters of protest had been received. No persons appeared in opposition. 1800 West Harvard Avenue (fran South Raritan Street to South Tejm Street) 1he City Clerk indicated that no letters of protest had been received. No persons appeared in opposition. 1900 West Harvard Avenue (fran South Raritan Street to South Tejm Street) 1he City Clerk indicated that a letter had been received from Mr. John A. Criswell, attorney for Mr. & Mrs. John B. Schnidt, 2495 South Raritan Street, dated March 16, 1973, and copies transmitted to Council. Mr. John Criswell, attorney, appeared before Council and stated it was illegitimate for the Council to be discussing these assessments without a bill withoot a bill for an ordinance being introduced at a regular Council meeting. He stated that in 1946, the Schnidt's had bought this land on the assurption that 61 ft. of it existed along West Harvard. 1he City had said the Schnidt's mly awned 55 ft. of the land, h:Jwever, they have calculated based oo 61 ft. Director of Public Works Waggoner stated that the calculations were made on a 55 ft. basis though the legal description in the paper reads 61 ft. as it does at the Arapahoe County Courthouse. Mr. Criswell stated that there was not $4,600 TNOrth of increase in value to the property at that location. He felt that there were mmy properties in the paving district which are really inequitable in assessments. 1800 West Iliff Avenue (fran South Raritan Street to South Tejon Street) 1he City Clerk indicated that no letters of protest had been received. No persons appeared in opposition. 2300 South Raritan Street (fran West Iliff Avenue to West Harvard Avenue) 1he City Clerk indicated that no letters of protest had been received. Mr. Dalald Wither appeared before Council in relation to his assessment. He stated that he had serious questions on how the assessment was figured. City Manager Dial referred him to the engineers sitting in the back of the room to help individuals with their calculations. 2400 South Raritan Street (fran West Iliff Avenue to West Harvard Gulch) 1he City Clerk indicated that a letter had been received from Edna Dugan, 3026 Gaylord Street, Denver, Coloraoo, dated March 22, 1973, and copies transmitted to Council. Alley between South Acana Street and South Broadway --3600 block --West Jeffersm Avenue to West Kanyai Avenue. 1he City Clerk indicated that no letters of protest had been received. No persons appeared in oppositioo. Allj\ between South Acam Street and South Broadway --3800 block --West Lehigh Avenue to Sou line of Lot 2, BlOCk 4, Currigan's SUbdivision 1he City Clerk indicated that a letter of protest had been received from Mr. O. Donald Arthlr, 3853 So. Broadway, dated March 9, 1973, and copies transmitted to Council. Al~between South Fox Street and South Elati --3500 block --U. S. Highway 285 to West I Avenue. The City Clerk indicated that a letter had been received from Mr. & Mrs. Clifford L. Willians, 3538 So. Fox; Mr. Hyman Char, 3529 So. Elati; and Mrs. Ruth S. Krom, 3542 So. Fox, dated March 20, 1973 and copies transmitted to Council. I I I I I I I I -5- Mr. Clifford Willi.ams appeared before Council in relatioo to the assessment. He stated that the residents in this area do not share the use of the alley due to the busi- ness's use of it. He encouraged them to read the letters mentiooed in this area. He quest- ioned when the Couocil \IJO\lld report back to the citizens. City Manager Dial stated that hopefully by next M:nday the Council WJUld have that information available in a mailed response. City Attorney Berardini stated that there \4110uld be another public hearing after the introduction of the Bill for an Ordinance assessing the llD'ley. 1hese protests will becane a part of that record for that hearing. Alley between South Galapago and South Fox. --3500 block --U.S. Highway 285 to West Ithaca Avenue The City Clerk indicated that no letters of protest had been received. No persons appeared in opposition. Al~between South Inca Street and South Huron --3500 block --U.S. Highway 285 to West I Avenue 1he City Clerk indicated that no letters of protest had been received. No persons appeared in opposition. Alley between South Jasm Street and South Inca --3500 --block --West Ithaca Avenue to West Jefferson Avenue The City Clerk indicated that no letters of protest had been received. No persons appeared in oppositioo. . Alley between South Jasm Street and South Inca --3600 block --West Ithaca Avenue to West Jefferson Avenue The City Clerk indicated that no letters of protest had been received. No persons appeared in opposition. Alley between Saith Kalanath Street and South Jasm --3900 block --West Mansfield Avenue to West Nassau Avenue; thence West to the East side of South Kalamath Street. 1he City Clerk indicated that no letter of protest had been received. No persons appeared in oppositioo. Alley between Saith Lipan Street & South Kalamath --3700 block --West Kenycn Avenue to west Lehigh Avenue 1he City Clerk indicated that no letters of protest had been received. No persons appeared in oppositioo. Alley between South Mariposa Street and South Lipan --3900 block--West Mansfield Avenue to West Nassau Avenue 1he City Clerk indicated that no letters of protest had been received. No persons appeared in oppositim. Alley between South Windermere Street & South Mariposa --3900 block --South Windermere Street to West Nassau Avenue The City Clerk indicated that no letters of protest had been received. No persons appeared in opposition. Mayor Senti inquired whether any persons from the audience wished to make additialal ccxcments. Mr. John A. Coliner, 4365 So. Galapago, inquired as to how the check for the paving district would be ITBde out. City Manager Dial stated that the check should be ITBde out to the City of F.nglewood, Colorado. Mr. John IAJgan, stated he felt no benefit WJ\lld accrue to his property from this paving district and then questioned the legitimacy of it. City Manager Dial inquired whether all letters have been brought to the atten- tion of the Council. Director of Finance, ex officio City Clerk Nollenberger, replied in the affirmative . 595 596 -7- Councilman Brown stated that he appreciated the people coming to the public hearing and assured thE!Tl that the Council \IOlld study the questicns en their property and make anends if necessary. Councilman Blessing stated that the City needed good streets, but will consider the protests of the individuals involved. A questicn fran the audience inquired as to how the gas tax in the City is used. City Manager Dial stated that the State gives a little over $200 ,000 to the City each year fran the highway users tax fund. Currently, the expenses of the Public Works functicn are over $500,000 Councilman Schnackenberg stated that in the past he also had been assessed for paving district. The City needed good paved streets for its developnent. He felt that the individlals involved ~d get the cost back out of their property when sold. ~ ~ MMD AND CD.JNCII.MAN SCliNAa<ENBERG SECXIIDED A MJl'Irn 'ID Cl.a>E mE PUBUC: HF.ARI?«; 'ID ~SIDER ASSES9'EfiS IN PAVI?I; DISTRICT ~. 21. Upcn the call of the roll, the vote resulted as follows: 8:45 P.H. Ayes: Nays: Absent: Council Merrbers Schnackenberg, Hermi.ng, Brown, Blessing, Senti. None. c.ouncil Merrbers Schwab, rhority. The Mayor declared the mticn carried, and the public hearing was closed at * * * * * * City Manager Dial began a discussicn of the tree planting and tree lirrb pickup progran in the City. He stated that the City has approximately ~7 ,000 for these programs and requested Council authorizaticn to go ahead. CXlH:IIMAN BIFSSIN:; MMD AND CllJNCIU01AN HmNIK; SECllIDED A MJl'Irn 'ID APPRlVE A TREE LIMB PIOOJP PIU;RAM FOR nm CIT'i OF ~D FOR nm SPRIR; OF 1973. Upcn the call of the roll, the vote resulted as follows: Ayes: C.Ouncil Merrbers Schnackenberg, Hermi.ng, Brown, Blessing, Senti. Nays: None. Absent: c.ouncil Merrbers Schwab, rhority. 'lbe Mayor declared the mticn carried. CXXJNCilMAN BI.&5Sl?«; MMD AND CXXJNCII.MAN ~ SEcnmED A MJl'Irn 'mAT nm ~ BE AllJCXJRNED. Upcn the call of the roll, the vote resulted as follows: Ayes: CO\mcil Merrbers Schnackenberg, Hermi.ng, Brown, Blessing, Senti. Nays: None. Absent: c.ouncil Merrbers Schwab, rhority. The Mayor declared the nnticn carried, and the meeting was adjourned at 9:00 P.H. /s/ Karl Nollenberger ex officio Clerk of the Council I I I I