HomeMy WebLinkAbout2000 Ordinance No. 090•
ORDINANCE NO .~
SERIES OF 2000
BY AUTHORITY
COUNCIL BILL NO . 92
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE DISSOLVING THE ENGLEWOOD DOWNTOWN DEVELOPMENT
AUTHORITY (EDDA).
WHEREAS, the EDDA was forme' with the Englewood City Council passage of
Ordinance No . 25, Series of 1978; • no
WHEREAS , EDDA was "formed pursuant to Part 8 of Article 25 ofTiUe 31,
Colorado Revised Statutes 1973, as amended, thereby empow •:ing the City Council of
the City of Englewood tn a88e88, levy and collect an ad ualorem tax upon the taxable
property within the jurisdiction of the authority not to exceed 5 mills for the 111e and
benefit of the authority, oaid authority to exerciae its powera within the diatrict; and
WHEREAS, EDDA was given the power tn appoint and remove a director and other
staff members, who are employed upon recommendation of the director, and prescribe
their duties and fix their compensation which sball be paid from funds available to the
authority; and
WHEREAS, the EDDA was charged with preparing an analysis of economic
changes taking place in the central business diatrict of the municipality; and
WHEREAS, EDDA was charged with the duty to study and analyze the impact of
metropolitan growth upon the central busine88 diatrict; and
WHEREAS, EDDA wao to plan and propooe, within the downtown development
area, plans of development for public facilitiee and other improvements to public or
private property of all kinds, including removal, aite preparation, renovation, repair,
remodeling, reconstruction, or other changes in existing buildings which may be
necessary or appropriate to the execution of any such plan which in the opinion of the
board will aid and improve the downtown development area; and
WHEREAS, EDDA was to implement a plan of development, both economic or
physical. in the downtown developmen·~ area as is nece11ary to carry out its functions;
and
WHEREAS, EDDA in cooperation with the Planning and Zoning Commission and
the Pl anning Department was to develop long-range plans designed to carry out the
purposes of the authority as s tated in sectio n 31 -25-801 and to µromote the economic
growth of the distrkt and were to take such steps as may be necessary to persuade
property owners an ·J businesa proprietors to implement such plans to the fullest
extent p088ible; a~J
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WHEREAS, 0l'dinance No . 72, Section 2, Series of 2000, seta forth "That under
the authority of the Colorado Revised Statutes and the Englewood Home Rule Charter,
there is hereby levied for the year 2000, due and payable as required by law in 2001 ,
a tax of 4.397 mills on the dolla r for the use and benefit of the Englewood Downtown
Develop me nt Authority"; and
WHEREAS, the disso lution of EDDA will allow the business owners to retain the
current mill levy to use more effectively in their businessee; and
WHEREAS, the Ci ty believes that it is in the best interest of the busineeses and
citizens to dissolve the Englewood Downtown Development Authority allowing the
businesses to retain their fund s; and
'VHEREAS, the City would encourage current EDDA membera tu •oin the Ghamber
and continue to work with the City; and
WHEREAS, City Council encourages the merchants to seek other opportuniti.11 to
improve the Downtown Development District including special, general or other
improvement districts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
lil:l:li!m..1-The City of Englewood hereby finds that adequate provision for the
payment of any indebtedneaa can be provided for funds currently available to the
EDDA.
S!:!:!.iim.l. The City Council of the City of Englewood hereby diseolves the Englewood
Downtown Development Authority.
~-The mill levy established in Oroinance No. 72, Section 2, Seriea of 2000,
for the EDDA is unnece888ry with the decu,ion to dissolve EDDA and ouch levy ahall
be cancelled upon adoption of this Ordinal\Ce.
Introduced, read in 1ull, and paaaed on first reading on the 4,. day of December,
2000.
Published as a Bill for an Ordinance on the 8" day of December, 2000.
Read by title and passed on final reading on the 18th day of Decembor, 2000.
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Published by title a■ Ordinance No . 1ft) Serie• of 2000, on the 22nd day of
December, 2000.
I, Loucrisbia A. Ellis, City Clerk of the City of Enclewood, Colorado, hen,by certify
that the above and foregoing ia a true a,pl',6( the Ordinance pa on final n,adinc
and published by title a■ Ordinance No. IY, Series of 2000.
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ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY
RESOLUTION NO. 032 □
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Wherees , members of the Englewood City Council have mede clear
in both their actions end i n their written end verbel comments
their leek cf confidence in the Engle wo od Downtown Development
Authority and their intent to dissolve that authorityj end
Whereas, the Board of Directors of the Englewood Downtown De vel opment
Authority believe that based on both current end pest experience
in dealing with the City of Englewood, that the continued e xi stence
end functioning of EOOA is note viable optionj end
Whereas, the dissolution of EDDA will decrease the tax burden
of eree businessesj and
Wher-eas the c ity has stated that they be 1 i eve "that it is in
the best i ~terest of the businesses and citizens to dissolve
th~ Englewo~~ ~owntown Development Authorit y ellowing the busin~sses
to r etain t hei r funds;''
Therefore be it resol ved by the Soard of Oirectors of the E:,glewood
Oowntown Development Authority, that they support Sections
1 1 2 end 3 ofEnglewood Cit y Council Sill Number 92 as proposed
by Council Member Bred3haw end passed on first reading before
council on Mondey , December 4, 2000 (copy etteched) .
DRAFT -ll/27/00
ORDI NANCE NO ._
SERIES OF 2000
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. _
INTRODUCED BY COUNCIL
MEMBER ______ _
Ai.\i ORDIKANCE DI SSOLvl NG THE ENGLEWOOD DOW'.'ITOWN DEVELOPMENT
AUTHORITY (EDDA).
WHEREAS, the EDDA was formed with the Englewood City Council p,ssage of
Ord inance Ko. 25, Series of 1978; and
WHER E . .\S , EDDA was "formed pursuant to Part 8 of Article 25 of Ti tle 31 ,
Col~:-ado Re\ised St:itutes 19 73, us amended, thereby empowering the City Council of
th e City of Eng lewood to assess, Ie.-y and collect an ad,·alorem tax up on the taxable
property within the jurisdiction of the authority not to exceed 5 mill s for the use and
benefit of the authority, said authori•y to exercise its pow en within the district; and
WHEREAS , EDDA was given the pow er to app oin t and remo\·e a director and other
staff members , who are em ployed upon re commendati on of th e dll'ecto r, and prescribe
their duties and fix their compensation which shall be paid from funds a\·aila ble to the
authority; and
WHEREAS, the EDDA was charge d with preparing an analysis of economic
chang es ta king plac e in the central busines~ district of the municipality; and
\\"HE REAS, EDDA was ch arged with the duty to study acd analyze the impact of
metropolitar. growth up on the central busines3 district; and
WHEREAS , EDDA was to plan and propos e, within the downtown de.-elopmen t
area, plan s of development for public facilities an d other impro \·ements to public or
private property of all kinds , including re mo val, site preparation, renov ation, repair,
remodeli ng, reconstruction, or other change s in exis ting buildings ,··hich may be
necess ary or appropriate to the e'x ect.1.:ion of any such plan which • the opinion of the
bo ard will aid and impro ,·e the downtow n development area ; and
WHEREAS, EDDA was to implement a plan of de•;e!opmeot, bo th economic or
phy sical, in the downtown development are3. as is ne cessa ry to carry out its func tions;
and
WHEREAS, EDDA in cooperation wit h ,;,e Plan. ing and Zoning Commission and
the Pl :mrdng Departm ent wa~ :o devel op long•:-ange plans designed to carry out the
purposes of the authority as stated in section 31•25-801 and !O promote the economic
growth of the district and were to take such steps as may be necessary to persuade
property owners and business propri eto rs to icplement such plans to the fullest
extent possible; and ·
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WHEREAS, Ordinar.ce No. 72, Section 2, Sariu of 2000, set.I forth "That under
the authority of the Colorado ReviHd. Statutes and the Enrlewood Hon., Rut, Chart.Ir,
there is hereby la\'itd for the yur 2000, due and payable as requin,d by law in 2001,
a tax of 4.397 millt on the dollar for the use and benefit of the Enrlewood Downtown
Development Authority"; and
VlHEREAS, the dissolution of EDDA will allow the bu sinesses to maintain the
current mill le "y to use more ef.iective ly ; anrl
WHEREAS, the City believes that it is in the best interest of the businesses nnd
citizens to di ss olve the Englewood Downtown Development Authority allowing the
businesses to retain their funds; and
WHEREAS, the City would encourage current EDDA members to join the Chamber
and continue to work with th: City; and
WHEREAS, City Council encourages the merchants to seek other opportunit ies to
impro•;e the Downtown De..-elopment District including special, general or other
improvement di stricts ;
l-:OW, THEREFORE, BE IT ORDAINED BY THE CITY cou.-:CIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-1'he City of Englewood hereby finds that adequate provi sion for the
payment of any indebtedness can be provided for funds cu rrently available to the
EDDA .
~-The City Council of the Cit:· cf Engle wood hereby dissolves the Englewood
Downtown Developm ent Authority.
~-The mill levy es tablished in Ordinance No. 72, Section 2, Series of 2000,
for the EDD . .\ is unnecessary with the dec\sion to dissolve EDD..\ and such levy shall
be cancelled upon adoption of this Ordin,nce.
Introduced, re ad in full, and passed on first reading on the_ day of
------~ 2000 .
Published as a Bill for an Ordinance on the __ day of _______ ~
2000 .
Thomas J. Burns, Ma yor
..\TTEST :
Loucrishia A. Ellis, City Clerk
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I, Loucrilhia A. Ellis, City Clerk oftht City of Englewood, Colorado, hereby cmify
that the above and foregoin& is a \rue cop; or a Bill for an Ordinance, introduced, read
in full, and passed on firs t ,eading on the __ day or ________ ~
2000.
Loucrishia A. Ellis
Read by title and passecl on final reading on the __ da y of ____ ~
2000 .
Published by title as Ordinance No ._, Series of 2000, on the __ dai· of
--· 2000 .
Thomas J. Burn s, Mayor
ATTE> :
Loucrishia A. Ellis, City Clerk
I, Louc rishia A. F;llis, City Clerk of the City of Englewood, Colorad o, hereby certify
t hat the above and foregoing is .1 true copy of the Ordinance passed on final reading
and published by ti:le as Ordinenee No._, Series of 2000.
Loucrishia A. Ellis
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December 12, 2000
~4aycr Thomas Burn9
Mem~ers of City Council
C ity of Englewood
1000 Engle wood Parkway
En;lewood, ·-J 80110
Dear Mayor Burns an~ Members of Ci ty Ccu ncil:
The Board of Directors of the Englewo od Downtown Development
Authority (EDDA) believe tha~ a num~er of the elle~etions contained
in the t1/22/00 Draft Ordinance for the Oissn lution of EDDA
must be address,d. Whil~ some o f these allecations are r.ot
contained in th~ succedi ns Counci l Bill Nun~;,. 92, the feet
that they were contained in a l e5al 1 public dccument necessitat e s
the f11llowing respo nse:
"hHEA~AS, EOOA currently is nnt Fiscally responsible as less
than 20% of its Funding is being used to perform projects end
the remainder goes to administration; and"
An exam i nati on of the financia l records of EOO A sho ·,s that
over the five year period, from 1995 to 1559, that 46¾ of revenues
went to perform projects. In the cu rrent year while 10¾ o f
current revenues have gone to projects and 27¾ to edministration
a fund ba lance of approximately 5125,000.00 e xists. As h as
been the cas e in prior years, some of our facade projects tak e
mult ip le years from inception to complet ion , if project costs
are low one year they increase the next year end average out
to s higher total.
''WHEREAS, eo □A is not e self suFFicient entity even though
it receives tax dollars end the current downtown projects have
to be funded by the City rather than the EOOAi and"
This is a mis-s~s~emen: of Fact. City participetion in EDDA
programs hes recently occurred on a limited basis with the
facade program. This wa~ instituted as a coop erative partnership
through an agr~e ment between ECQA and the Office of Business
Oevelopraent in 1998. The egreement was reached in order to
provide• coordination between the EOO A pro~ram and the South
Bro adway corridor projects. This else ~llow ed the leveraging
cf the public dollars involved.
"WHEREAS, money collected through taxes to the EDDA i11 net
supporting public purpo ses but ra~ner is being used to aid
privete interests; and"
Although vegue, t hi s i s ?. ~o~ally Fallacious s tatement. The
on ly EOO A funds t h at could possibly be construed as being used
to eid pr ivate inter es ts e re tho se f und£ used in the Facade
p r o gra m. Befor e we ~nde r took this project we obt a ined en opinion
from the C i ty Att orne y which still i s used to guide the program .
Cit y Funds ha ve also been use d i n th is program, as well as
s imi l ar p ro je c ts along South Broadway.
"WHEREAS, EODA h as not met with the planning commi ssi on as
required ; and"
"WHEREAS, EOOA h os not comple·ted a downtown development element
to the Comprehensive Plan a s requested by the City; end"
The mo ve t o create a n~w do wntow n plan was init i ated in 1996/97
b y EDD A, this was no t done in res p onse tc e requ est o f the
city . I n the two year time frame (1997 & 1998) thet EDD A dealt
with the plan ning pr ocess it became apparent tha t the l a ck
of re s ol u tion in the d evelopment c f t he Cinderella City site,
appro xim at~ly 25¾ cf t he EOOA dis ~r i ct , pres ~nte d a major im pP-diment
to creating a downto wn plan that would have the integri~y ~u
&tan d the test of t ime a nd to adequately serve the community .
To quote our co nsulta nt, Ron St :·aka , "Cindere ll a C ity i9 the
900 pound gorilla in this equa tion''. This efFort r equir ed
a major com mitment of f unds f ro ~ EOOA since we else funded
the participation of the con su ltant we were usin g in the Tra nsit
Or ien te~ Development p hase of the city's site p l Gn nin g effort.
At the end o f th~ third q ua r t er of 1998, EOO A was fa c ing e
negat i ve Fund balance due to a revenue shor t f ell, cost o ver runs
on a facade projec t and the c o st for t he p l ann i ng consultant.
At that point the ED DA Bo ar d ma de the decisio n to s us pen d work
on the downtown p lan until such time es th e de vel opment pl a n s
fo r C inde rel la City were f inaliz e d and our co ns u lta·;t could
proceed in a more :ffi c ient end economic al fashion i:o wa rds
co mpletion o f th e dow n town plan . In addition, the EOO A Soard
also dec i ded to fo cu s on lo b bying for the inclusion in t he
c ity 's sit e plen, o f a k ey elemen ~ in t he ne w pl an , that was
a c ar r y over from the 19 79 Cc mprehen5ive P lan , le. the pedestr ian
viability o f Engl e woo d Parkwa y. While much o f the work complete d
on th e d owntown plan re mains va lid , a djus tments For m~re recent
de vel op ments a t th e City Cen ter site are nece ssar y .
"WHEREAS, EDDA has not fulFilled its marketing function and
recently cancelled its only ma rk•ting plan, the Summer Concert
Series, which again had to (be) picked up by the C i ty; and"
We are n ot sure where it is ste te d that EDDA h as 11 "ma rke ting
Function ". For eleven ye ars EOOA sponsored and Funded th e
summer concert series. This was initi a lly entered up on es
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e marketing activity, but •~ter several years it became apparent
thet despite repeated effort ■ to advertise/ market the businesses
of the downtown district through t.his venue, that little or
no benefit adhered to these businesses fro~ thi ■ activity .
Continuation of the series wes discus•ed eech yeer et budget
time end er.ch yeer the decision was made to continue the aeries
s ince it was an important community event . In 1999 when presented
with the fac t that the city's commitment towerd eiUing EOOA
in producing and spcnsoring equality event had diminished ,
the EDDA Board examined its ' mission statement ~nd concluded
that it was time to end their sponsorship o f the event . W ►1 er ,
the city made the decis ion to continue with the series, EDDA
provided city staff with ell assistance possible to ensure
a successful transition.
"WHEREAS, EOOA i s not a proactive entity performing functions
set forth in State Statute but rather is reactive to City initiatives
and projects; (and)''
Over a t wenty t wo year period EDDA has conti nued to b ee proavtive
organizat ion in seeking to ens ure the vita lit y of the do wntown
d i strict. When EDDA is reactive to city project s and initiatives
it is be ca use the EDD A Board of Directors believe these initiatives
an d projects to be detrimental to the vitali ty, well being
or safety of the downtown distri ct and feel obl igat ed to bring
our concerns to city council end/or staff . Nowhere in the
state statute go ~erning ODA's does it state or e v en suggest
t hat th e entity should be a rubber stamp for a c i t y's initietives.
''WHEREAS , EDDA is currently in an adversarial relationship
wit~ the City and ls now in conflict with the Englewood Chamber;
and"
To the best o f anyones knowledge at either the Englewood Chamber
of Commer ce or at EDOA , no conflict exists . In regard any
adversarial relations with the c ity, EDDA h as taken positive
steps in seeking to bring resolution end unde rstanding to any
per=eived a dver s ity 1 both through a dinner meeting with members
o f c ity counc il and in proposing a series of meetings between
four members of c ity counc il and four n,embers of the EOO A Boar~.
It should b e noted, for the record, that an y of the preceding
statements made by EDOA can be supported b y documentation.
TO:
FROM:
DATE:
SUBJECT:
I1~'ter0ffice Memo
Dan Brotzman, City Attorney
Steve Dazzio , Chief Accoun~
November 28 , 2000
Englewood Downtown Development Authority (EDDA) Property Tax
Refund
Per discussion with Sue Whelan, Arapahoe County Treasurer's Office, there is no vehicle
within the County 's system that is able to refund pro~erty taxes paid by taxpayers when
an entity is dissolved. They can and often do refund property taxes via a temporary mill
levy reduction (i.e ., TABOR refund) but cannot when the mill levy is zero . In other
words , the County cannot process a "negative" mill levy, which would be the case with
the EDDA .
lfthe City Council decides to continue the EDDA mill levy in 2001 and later determines
to refund the property taxes paid to the EDDA, staff will work with the County to
determine the amount of tax paid by each taxpayer. Accounting will then issue each
taxpayer a physical check.
Based on a report from the County generated in September, 1997, there are 373 real and
personal property accounts within the EDDA that would receive refund checks.
lfyou h~ve any further questions , please do not hesitate to call me at x2410.
cc . Frank Grygle,vicz, Director of Finance & Administrati ve Services
EDDA Proptax Rcfund_Brotz