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HomeMy WebLinkAbout2014 Ordinance No. 041• BY AUTHORITY ORDINANCE NO. !ff_ SERIES OF 2014 COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION ON NOVEMBER 4, 2014, A QUESTION TO EXCHANGE UTILITY DEPARTMENT PROPERTY HELD IN DOUGLAS COUNTY FOR PROPERTY OF SIMILAR OR GREATER VALUE. WHEREAS, the City of Englewood ("City") is a home-rule municipality organized and existing under the provisions of the Colorado Constitution Article XX; and WHEREAS, the Englewood/McLellan Reservoir Foundation (EMRF) was formed to oversee the development of the McLellan Reservoir property; and WHEREAS, the imposition of covenants or use restrictions on all lands within the development area ensure a consistent high level of development; and WHEREAS, these use restrictions will provide even greater protection to the McLellan Reservoir's water quality when compared to development without the restriction; and WHEREAS, these restrictions will create and maintain a greater value for the land that in turn ensures a long-tenn income stream to the City; and WHEREAS, the Board of Directors of the Englewood Mclellan Reservoir Foundation (EMRF) has recently met with principals of Shea Properties regarding the potential lease of approximately 36 acres of EMRF property in Planning Area 81 (PA 81) fronting Lucent Boulevard, between Plaza Drive and Town Center Drive; and WHEREAS, there are issues that make the development of the property difficult, at least as currently configured; and WHEREAS, among the issues are fixed access points and future roadways along with topography (need for over-lot grading) and the shallow depth of the two properties in the northwest comer of the area that make development, particularly since EMRF properties can only be leased, extremely difficult; and WHEREAS, a land trade is equivalent to a sale; and WHEREAS, an affirmative vote of the citizens of Englewood is required to accomplish a sale under the Englewood Home Rule Charter; and 1 11 b i WHEREAS, the Englewood McLellan Reservoir Board has recommended that the trade be placed on the November 2014 ballot. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 4, 2014 a question, to read as follows: Question No. Shall the Englewood City Council be allowed, by Ordinance, to exchange Utility property owned in Douglas County for property of similar or greater value to promote development opportunities that will generate long-term revenue for the public? Yes ---___ No Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance. Introduced, read in full, and passed on first reading on the 7th day ofJuly, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11th day of July, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of July, 2014 for thirty (30) days. Read by title and passed on final reading on the 21 st day of July, 2014. Published by title in the City's official newspaper as Ordinance No. UL, Series of 2014, on the 25 th day of July, 2014. 2 • • Published by title on the City's official website beginning on the 23rd day of July, 2014 for thirty (30) days. I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing isj:l/jfUe copy of the Ordinance passed on final reading and published by title as Ordinance No. 111.., Series of 2014 . 3 Date July 7, 2014 INITIATED BY COUNCIL COMMUNICATION Agenda Item 11 a i STAFF SOURCE Subject Ordinance to approve placement of a ballot question on the November 2014 ballot regarding trade of Mclellan Reservoir property. Englewood Mclellan Reservoir Foundation Michael Flaherty, EMRF Board COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance 41, Series of 1999, established the creation of the Englewood Mclellan Reservoir Foundation {EMRF), a non-profit corporation charged with furthering the development of the Mclellan Reservoir property and transferred the property to EMRF. BACKGROUND The Board of Director of the Englewood Mclellan Reservoir Foundation (EMRF) has recently met with principals of Shea Properties regarding the potential lease of EMRF property. However, there are issues that make the development of the property difficult, at least as currently configured. Shea principals have stated • that in the current configuration, they would be unable lease the EMRF property. Shea has proposed that to facilitate a development plan at this time a trade of property between EMRF and Shea is necessary. The basic terms of trade involve EMRF trading 12.3 acres for 12.3 acres of adjacent Shea property. (see attached aerial map) The City Attorney has advised the EMRF Board that a land trade is equivalent to a sale and as such will require an affirmative vote of the citizens of Englewood to accomplish. The City Attorney has drafted language for the proposed ballot language, which was discussed with City Council during the June 16, 2014 Study Session. RECOMMENDED ACTION The EMRF Board recommends that City Council approve the proposed bill for an ordinance authorizing a ballot question on the November 2014 ballot seeking voter approval of the requested property trade . FINANCIAL IMPACT The trade of property has no immediate financial impact. However, future leases resulting from the proposed trade may bring significant revenues. LIST OF ATTACHMENTS Site map of subject property trade Proposed bill for an ordinance ,~14 r•tl L T AREAS I•" lol tf' 1111 I lt1IJ; ''"',. li•OII h•O < ,.,, I\\ 1411 I tnt 1 h,1nA h,ut11 f,4(f(.' tuttn h,ut ♦ h•u• llfll\ .. tot t tot 1 1,11,1 I H II 17 '"" t .H ... '" l ll ... "' , .. ... 041.., 001 0 .16 • .,. ... ... . • •-4 ... . I ~ .. '"'