HomeMy WebLinkAbout2008 Resolution No. 089•
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RESOLUTION NO . jj_
SERIES OF 200 8
A RESOLUTION EXTENDING THE CONSOLIDATED SERVICE PLAN FOR KENT PLACE
METROPOLITAN DISTRICT NO . I AND NO . 2.
WHEREAS , Section 32-1-204 .5, C.R.S., pro vides that no special district shall be
organized within a municipality except upon adopti on of a resolution approving or conditionally
approving the service plan of the proposed special district ; and
WHEREAS, pursuant to the provisions of Part 2 of Article I of Title 32, Colorado Revised
Statutes, the Englewood Cit y Council held a public hearing on September 17, 2007 at 7:30 P.M.
regarding the approval of the Consolidated Service Plan (the "Service Plan") for Kent Place
Metropolitan District No . I, and Kent Place Metropolitan District No. 2 (collectivel y, the
''Districts"); and
WHEREAS, the Englewood City Council ha s considered the Service Plan for the proposed
Di ·.lricts and all other testimony and evidence presented at the public hearing; and
WHEREAS, the Englewood City Council conditionally approved the consolidated service
plan for Kent Place Metropolitan District No . I and No . 2 with the passage of Resolution No . 88 ,
Series of 2007 ; and
WHEREAS, the conditions of passage were :
I. TI,e Districts and the City shall have entered into an intergovernmental agreement
acceptable to all parties.
2. A summary of the market study supporting ihe financial plan has been provided to
and appro ved by the City Manager .
3. In the event that the City and the Districts have not satisfied the requirements prior
to December l I, 2008, then this Service Plan and any conditional approval granted
by the City shall be null and void , and of no further force or effect.
WHEREAS, developers have been hindered by regional and national economic turbulence
in obtaining necessary financing to complete approved projects and Contincum Partners , LLC ,
(Continuum) developers of the Kent Place site, has submitted the intergovernmental agreement
to the City per the Service Plan requirement ; however the Company has been hampered by the
economic climate from completing the required market study ; and
WHEREAS, the Continuum has requested that the deadline for submission of the Service Plan
be extended through December 31, 20 IO to provide time for the economy to recover and for
Continuum to perform a valid marketing study within a stable economic market because
Continuum feels that "performing such a study under today 's depressed market condit ions would
not be relevant nor prudent";
NOW , THEREFORE. Bl: IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD . COLORADO, THAT :
Sect ion I . The City Counci l of the City of Englewood hereby grants Continuum ·s request
that the Sen•ice Pinn submission deadlin e be extended through December 3 1, 2010 , to provide
time for the economy to recover and for Contin uum to perform a valid marketing study within a
stab le economic market
ADOPTED AND APPROVED this 15" day of December, 200 8.
James K. Woodward, Mayor
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Ellis , City Clerk
I, Loucrishia A. Ellis , City Clerk forJ.llfi City of Englewood ,
above is a tru e copy of Resolution No. l5..l-, Series of 20 8.
hereby cenify the -,~
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COUNCIL CO MMUNICATIO N
Date: Age nd a It em: Sub j eel:
December 15. 2008 1 1 C ii A Reso luti on Extend in g th e Consolid ated Serv ice
Pl an for Ken t Pl ace Metropolit an Dist ri c t No. 1 and
No. 2
Init iated By: St aff So urce :
Continuum Par tners , LL C Alan White, Director
1430 Wynkoop Siree t, Suite 100
D enve r, Colorado 80202
CO UNCI L GOAL AND PR EVIOU S COUNCIL ACTION
Co uncil passe d Reso lul io n o. 88 , Series of 2007, conditionall y approving th e conso lidated serv ice
plan for Ke nt Place Metropolitan Dis tri ct No. 1 and No. 2 on Sept ember 17, 2007, as follows:
1. Th e D is tri cts and i he City sha ll have enlered into an int erg ove rnm enta l agree ment
acceptable l o all parti es.
2. A summary of th e market stud y supporting th e fi nanci al plan ha s bee n provide d and
approved by the Ci ty Manager .
3. In the eve n! that ih e Cily and th e Distric ts have not sa tisfi ed th e requirements prior to
December J I, 2008, th en thi s Service Plan and any conditional approval gran ted b y th e
Ci ty shall be null and void. and of no further force or effect. (Emphasis Ado, ' See
Exh ibit A).
RECOMMENDED ACTION
Staff recom m ends th al Counci l approve a re so lufon ex l end ing the consoli dated service p lan for
Kent Place Mt lropolitan Districl No. 1 and N o. 2 i hrough D ece mber 31, 20 10.
BACKGROUND, ANALYSIS , AND ALTERN ATIVES IDE NTIFIED
~ Ie tropuli lan Distri cl No. 1 and N o. 2 are independ enl units of loca l governm enl sepa rate and
drs linc 1 from the Cily of Englewood. Th e Districts were form ed l o prov ide fina ncing, acq ui si1ion,
const ru cl ion, ins talla tion, reloca li on and 1h e redeve lopm enl of p ublic improvemenls at th e Ke nt
Place si te. Th ese improvem en ts w il : be fi nan ced by debt iss ued by the D is tricts and repa id solely
from reve nu es ava il ab le to ih e Distri cts, includi ng ad va l orem properly laxes. Dislrict deb t is not a
deb! of th e Ci1y of Englewood.
Major co mponents of an y deve lopment include fi nanci n g and co ns l ru cti n g cap ita l improve m enls
o n th e prop erty. In recen t months deve lopers have been hindered by regional and na tional
• econ omic turbulence in obtain ing nece ssary finan cin g l o com ple te app roved projects. Cor,tinuum
Partners, LL C. developers o f the Kent Pla ce si te, has submitt ed th e •ntergovernmental ag ree ment to •
th e City per th e Service Plan r~quirement; howeve r the com pany has bee n hampe red by th e
economi c climate from completing th e req uired ma rket study. As sta ted ,n Contin uum 's req uest for
an extension, performin g such a stu dy under toda y's depressed ma rke t co nditions "would not be
relevant nor prudent " (See Exhibit B). Con tinuum reques ts !ha t the Service Pl an be e,tended
throu0h D ecember 31, 2010. Community Deve lopmen t su pport s extending the Service Plan for
th e reques ted two years to provide tim e for the eco nomy to recover and fo r Continuum to perform
a va lid marketing study within a st abl e eco nom ic market Extending the Se rv ice Plan for just one
ye ar may not provide enough time fo r an adeq uate economic recove ry to occur.
FINANCIAL IMPACT
No financial impacts to th e City of Engl ewoo d are ide nt ified wi th this acti on.
UST OF ATTACHMENTS
Exhibit A: Reso lution N o . 88, Series of 2007
Exhibit B: Request Co ntinuum Partners, LLC
Reso lution
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RESOLUTI0:-1 NO. fi
SERIES OF 2007 --
EXH llliT A
A RESOLUTION APPROVl>J G T!{E CONSOLIDATED SERVICE PL AN FOR KENT PLA<:E
METROPOLITAN DISTRICT NO I AND NO . 2.
WHEREAS, Sec1ion 32-1-204.5, C.R.S ., provides that no special district shall be organized
within a municipality except up on adop tion of a resolud on approving or condit ionally ap proving
the service plan of the proposed special district; and
WI EREAS, purs uant to !he provisions of Pan 2 of Article 1 ofTitle 32, Colorado Revised
Statutes, the Englewood City Collllcil held a pub lic heari ng on September 17, 2007 at 7:30 P.M .
regarding the approval of the Co nsol idated Service Plan (the "Service Pl an") for Kent Place
M,~opolilllll Disbc1 No . I, and Kent Place Metropolitan District No. 2 (collectivel y, the
"Districts"); and
WHEREAS, the Englewood City Council has coas iderc., !J,e Service Plan for the prooosed
Districts ~nd all other testimony and evidence presented at the public hearing;
NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF
ENGLE OO D, COLORADO, THAT:
Section 1-The above and foregoing recitals are incorporated herein by reference an d, in
addition to the materials formally submined in connection with the public hearing and testimony
presented at such public bearing, ar e adopted as findings and detenninations of the City r::ouncil.
Section 2. The City Council finds and determines that all of the requirements of C.R .S. 32 -1 -
202(2), relating to the Service Plan, attached as Exhj bit A, have been fulfilled and found to be
acceptable .
The service plan shall contain the fo ll owing:
(a) A description of the proposed services;
(b) A finan cial pl an showing how the proposed scr;vices are to be financed, ir ::luding
th e proposed operating revenue derived from property taxes for the first! udget
> ..:ar of the di strict, which sball not be materially exceeded except as am' ,orized
pursuant to section 32-1-207 0 1 29-1-302, C.R.S. All proposed indeb· adness for
the dis tri ct shall be displayed toget!,er with a schedu le indicating th, year or years
in which the debt is scheduled to be lssued. The board of direc tors ,f the district
shall uotify the board of county cu,11.nissioners or the governing boay of the
municipality of any alteration or re, ~iou -"t!le proposed scheduk of debt issuance
set forth in the financial plan.
(c) A preliminary engineering or architectural survey showing how the proposed
services arc to be provided;
(d) A map of the proposed special district boWldaries and an estimate of the population
and valuation for ass ess ment of the prop ose<' special district;
(e) A genera l desc ripti on of Jle facilities to be cons !.rUctcd nnd lh e sumdnrds of such
construction, including 1 stntcn-u:nt of how the facility nnd servi ce standards of lhc
proposed special di strict arc compatible wilh facility and service stnndn rds of any
county within whi ch all or any !)Ortion of the proposed special distric: to be
locnted , and ofmun icipal1tics and special districts wh ich are imcresto. :mies
pu rsu 11nt to sect ion 32-1-204 (1);
(() A gcncml Jescription of th e estimated cost of acquiring land, engineering sc1-v 1ces 1
legal services, administrati ve serv ice s, initia l proposed indebtednes s nnd esti mnted
proposed maximum interest rates and discounts, and other major expenses rehned
trJ the orga nizat io; an d initial Oi)eration of the district;
(g) A descri ption of any arran gement or proposed agreeme nt with any political
subdivision for the perfonnnnce of any services between the proposed special
district and such other political subdivision, and, if the form contract to be used is
available, it sha ll l:,c atta ched to the service plan;
(h) Informat ion, along with other evidence present ed at the hearing, sotisfnctory to
est abl ish that each of th :! criteria set forth in sec tion 32~1-203, if applicab le, is met;
(i) Such additional informat ion as the Boa rd of County Commissioners may require by
reso lution on which to base its fi udi ngs purs uunt to sect ion 32-1-203;
(j) For a mcn.tnl health careseivice district , any r1dditional infonnnt ion requ ired by
section 32-1 7-1 07 (2) thot is not otherwise requi red by pnragrn phs (a) to (i) of this
sub section (2).
Sect ion 3. Th e City Counc il further fi nds and detennin cs as follows:
(n) There is sufli cie nt cx.isting and projec ted need for orgnni zcd serv ice in the nrea to
be serviced by lhe proposed sp..:cia l district
(b) The exist ing service in th e area to be served by the proposed special district is
inadequate for present and projected needs .
(c) The proposed special district is cap abl e of providing cco no111.ical aL1d sufficie nt
service to the arr:"' wi thi n its pro pose d boundaries.
(d) The area to be incl uded in th e proposed spec ial dislric t has, or will have, th e
financ iul abi li ty to discharge the proposed in debted ness on n rensonable bas is.
Sect ion 4. The Se rvice J>lun is hereby co nditi ona ll y appro ved and the Di stricts sh:d l he
expressly per mitted to proceed to an organ izational election nnd to reco rd the orders 01lia11izing
the Districts, but shnll Oe proh ibiled from entering into any agreement, issuing ;my bon ds ,
enteri ng into nny other finnnc inl ob ligcuions or constructing nny fac ilit ies . Notwithstnnding such
autho riza tion, it slull be an express conditi on to thi s Reso lutior. lh.n prior to the poin t at wh ich
the Dis trict may enter into any ngreement, issu e 11ny bon ds , enter into ;my other finan cia !
ob li ga tion or construc t any racilities; the fo llowing cond iti ons mu st be met:
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1. Tne Disuicts and the Cit); suall have entered into an intergovernmental agreement
acceptable to all panies. (Exhibit G to the Servi ce Plan)
2. A summary of the market stud y sup poning the financial plan ha s been provided
and approved by the City Manager .
3. In the event that the City and the Distri cts have not satisfied the requirements an lt
priorto December 31, 2008, then this Service Plan and aoy conditional app!'(· .• i
graoted by the C':ty Council sball be null and voi d, and of no further force or effect.
~.!i2ill-A cenified copy of this Resolution sball be filed in the records of the City and
submitted to the petitioners for rhe purpose of filing with the District Coun of Arapahoe County
to obtain an order authorizing an organizational ele.c.tion .
Section 6. If any section, paragraph, cl ause or Provision of this Resolution shall for any reason
be held to be invalid or unenforceable, th e invalidity or unenforcea bility of any such section,
paragraph, clause or provision shall not affect any of the remaining provisions of thi s Resolution ..
~-This Resoluti on shall be in full force and effect upon its passage and approval .
!, Lou cris hia A. Ellis , City Clerk for Jll.e,.City of l::nglewood, C
above is a true co py of Resolution No .~ Series of 2007 .
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Via Ema il and ~Li l
Nornnber 26 , 2008
Mayo r Woodward and Ci 1y Co un cil
Cit y o f Englewood
1000 Engl ew ood Parkway
Englewoo d, CO 80 1 JO
Re: Kent Pl ace Metropolitan Di stri ct Co nditional Approva l
Ma yo r Woodwa rd:
EX HIBIT B
C ONT I NUUM
As desc ribed in th e att ac hed docu ment , th e reso lu1 ion of th e Cit y of Englewood approving th e
Service Plan for Kent Place Me1ropo li 1an District Nos. I and 2 was conditio nall y approv ed on
Sep temb er 17. 2007 , s ubj ec l 10 mee tin g th e follow in g co nditi ons:
• I. The Disiri cts and lh e Cit y shall have e111 cred in10 an im ergovc mm ental agree ment
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accep tab le 10 all parties; anrl
2. A s umm ary of lh e mark el Sl udy supportin g the fin ancin g plan has bee n provided and
app roved by th e Cit y Manager.
The reso luti on goes on 10 stale Iha! if th ese co ndi tio ns arc not satisfied pri or 10 Dec emb er 3 1.
2008 , lh c approva l gra nled by 1he Co un cil becom es null and vo id.
Du e lo th e currcnl stale of th e local. na1i onal and global eco nomi es. and hi storic levels o f
un ce rt aint y in the rea l es tat e market. we arc req uest in g an ex tens ion be gran ted by the City fo r a
peri od of two (2) ye ars until Decemb er 3 1, 20 10. As a res ult ofrccem eco nomic changes. we
an1ic ip ale lh c nee d for mi nor sil e plan. res idcn1 ial unit co ulll and pri ce point adjustm ent s
al\owahk •sit hi11 the PUD zo ning . \A/hilc th e lnt crg ovc mm cnta l Ag ree ment has bee n co mplct ccl
and submitt ed for rc\·icw . a curre nt mark et stud y wo ul d not be relevant nor prud ent at thi s time .
/\s prom ised al th e tim e of co11d i1 io nal ap pro,·al. th e dis 1ri c1s ha ve 110 i111 c11 1 10 iss ue dcbl until a
se nsible mark et stud y :md support ed finan cin g plan ca n he establi shed ba se d up on ac tual Cit y-
appro ved cl ~, clo pmcn t plan s .
i1~•1.l1> ~~~ I'll I\
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CO NTINUUM
Thank you for yo ur co nsid erati on. Please co nta ct me at (303)573-0050 if yo u have any
questi ons.
Very tnil y yours,
~nu~m j >4Lc
Kev in Fo1td :,J,
Developm ent DV rand Auth ori zed District Repre se ntati ve
Cc : Tom Gougeon , Co ntinuum
Lenn Moldenhauer, Co ntinuum
Kristen Bear, White Be ar & Ank e le
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