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HomeMy WebLinkAbout2006-07-24 (Regular) Meeting Minutes• • • 1. Call to Ord1r ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Se11lon July 24, 2008 The regular meeti ng of the Englewood City Council was called to order by Mayor Wolos yn al 7:33 p.m. 2. Invocation The Invocation w s given by Council Member Barrentine . 3. Pledg1 of Allegiance The Pledge of Alleg iance was led by Mayor Wolosyn . 4 . Roll Call Present: Absen t: A quorum was present. Cour ,cll Members Tomasso, Moore , Barrentine, Oakley , Mccasl in, Wood ward , Wolosyn None Also present: Acting City Manager Flat•~·\y City Allomey Brotzman City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Se rv ices Senior Planner Graham , Community Development Director Gryglewlcz, Finance and Adm inistrative Services Director Black , Parks and Recreation Econom ic Development Coord inator Ho llingsworth Director Kehm , Public Works Open Space Manager Lee , Parks and Recreation Community Development Manager Stitt Golf Course Operation s Coordinator Pickens , Parks r.n a Recreation Golf Course Operations Coordinator Rhoades , Parks and Recreation Golf Course Superv isor NIies , Parks and Recreat ion Police Commander Welson , Safety Serv ices Fire Tra ining Serv ices Ch ief Stovall , Safety Services 5. Con1lderatlon of MlnutH of Prevlou1 Se11lon (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS s .. coNDED, TO APPROVE THI.: MINUTES OF THE REGULAR CITY COUNC IL MEETING OF JULY 10, 2008. Mayor Wolosyn asked If there was any dis cussion . There was none . Voto re1ulll: Motion carr l~. Ayes : Nays : Absta in: Counc il Members Mccaslin, Moore , Wolosyn, Woodward , Tomasso , Oakley None Council Member Barrentine Englewood City Council J•Jly 24, 2001 Page2 8. Recognition of Scheduled Public Comment (a) Jen ica Gerfen was scheduled to dlscu11 art In Englewood . Sha waa not preaanl. (b) Jim Glasscock , Englewood Mason ic Lodge , said I would like to thank City Council fo r your support of our redeve l,>pment of Iha ground over there at 3500 South Sherman Street. .. of our 1.6 acres that we have there . This Th u 6day night, July 27" ... you hava a flyer In front of you ... we are having a closing ceremony . Instead of laying a cornerstone we are going lo be tak ing the comerstonas out. In that build ing there are two cornerstones . Ona of them wa know has Information In It from when they la id the r.ornerslone in 1956 for the Englewood Lodge fac ility, but we also hava Iha comerstona from the old or iginal Lowell School which was bu il t in 1910. Hopefully , we will find out If lhe re Is anyth ing behind that stona .. .i l Is a great mystery . So , this Thursday night , I would like to Invite all of City Council to attend . The refreshments are al 6 o'clock , a llltle soc ial and then we will retire lo the Lodge room for the closing ceremony . The Grand Lodge of Colorado will be the ones that are conducting that ceremon y. The Grand Master and I will be the emcees . We will empty the contents of the box that is beh ind the cornerstone . I hope what is written in the minutes of the Grand Lodge is what is in that box . I would like to see all the City Council there and then , hopefully , In the next couple of months , we will have a ground break ing ceremony and then as k the Council and/or the Mayor to be present for that ceremony . Thank you very much for your lime. Mayor Wolosyn sa id th~nk you for the Inv itation . That is a night my family will be in from Pennsylvania and I won't be here , but I look fo,ward to the ground break ing . Thank you for the in vita tion . (c) Judy Scott from Relay for Life , sa id thanks ... l'm back aga in and Emily Huff from the American • Cancer Soc iety is handing each one of you a lee shirt left from our relay and one of our programs . I wanted to thank you for supporting the 2"' Annual Relay for Englewood . We had a lot of support from the community as • well as the businesses . In the program you will see some of the bus inesses listed and the community volunteers. As promised when I spoke to you before , we did canvas the neighborhood around the school , just like we did when we did ii at the park a year ago , lett ing them know that we were holding the event and that we would be there all night long wi th our noise and our lights and that sort of th ing . We had a really good response from that. We didn 't have any compla ints . I have not hea rd of anything , I do•,'I know If the City heard anyth ing that wasn 't pas sed on to me , but some of the neighbors did come over to see w,1a t was going on ... lhey didn't slay loo long ... so we fell that was positive . I also wanted lo tell you a little bit about the day itself . We had had no ra in all wee k, then II rained all afternoon while we were trying to set up . II pul us a little bit beh ind . Then the Ma yor came and she actually volunteered and set up chairs for our surv ivor dinner while she was wail ing. So , thank s Olga for that. We started our open ing ceremon ies a little bit late . We were ki nd of wailing for the sun lo come out and the rai n to stop ... il didn 't...so ii was re ining . Olga was read ing the Proclamation that the City Council had issued and as she was doing that, the clouds were ki nd of part ing and pretty ·s oon the sun came out. I know that Olga oG really smiling , because I brought the sun to the Relay and we were all excited. But llhen we realized the cro wd was look ing up and there was a big ra inbow above the stage . II kind of rem inde d all of us that we were the re for a good cause and ii made It special. II evenluall, slopped rain ing . The first lap we had 24 survivors from tne Englewood commun ity and 40 caregivers that were recogn ized and they led that firs t lap around the track . Then the teams kepi somebody on the tra ck all night long . And I wanted to tell you ... people part icipate for a number of reasons . We had ona person that walked 69 laps and calculaled that al 17.25 miles . He did 69 laps , because his mother died ,,f cancer al age 69 . We had somebody who walked because her girlfriend 's child died of leukem ia al 10 months old. We had one survivor that was pushed In a wheelcha ir. And, wa had many who walked for loved ones that could not wal k. We had camp sites set up on Iha practice fi eld ... thal went very well. I think if any neig hbors were going to compla in, II WIIS the ones back there by the practice field and they didn't. Everybody had a great time . Then Iha next morn ing we had the clos ing ceremon ies . The Executive Director of the American Cancer Soc iety spoke and she led the last lap . The lest lap was not to reach a finish line, because there Is no fi nish line In the Relay and there won 't ba a finish until there Is elimlnatlon of cancer as a major health concern . So, we really apprec iate your support and Iha • community's support for everyth ing llhat Is dona . And the results of our second yaar ... we had twice as many participants , we went from 14 teams participating lo 23 teams and we raised over $36 ,000.00 , wh ich was almost double the money . It ls a wonderful growth for a second year. II ls amazing cons idering all the possible causes llhal people are asked to donate to , so for Englewood lo come up with $36 ,000.00 In our second year ... lhat Is • • • Englewood City Council July 24, 2008 P1913 fabulou1. The money tha we ralse ... 60% of thal doe• 1lay right here In the community for patient 11rvlcn for people with cancer. We hed 24 1urvlvor1 ... 10 they took part In that. And the reat goe1 to re1aarch netlonwlde . There have been many Nobel Prize winners that have been funded by the Amencan Cancer Society. We are part of that bigger cauae. So, thank ■ again for 1upportlng u1. I hope you will 1upport u1 aga lri next year and pass another proclamation as wall. Plan, are elreedy underway. In fact , there was e comm 1{llfl mHtlng tonight, just prior lo this mHtlng and people stepped forward to be on lhe Planning Commltlitr next year . If you would like ua to report back on lhal, we would be happy lo. I will bring tha Chairperson W you would like . We have two people who have slapped up lo be co-chairs for nexl year . Mayor Wolosyn said I look forward to hearing more aboul lhat as 111 plann!•,~ progresses . Ms . Scoll said okay . Mayor Wolosyn said lhank you . I know thal our own Jim Woodw..rd ,.,,s a ~artlclpanl this year . Council Member Woodward said yes, I was . Ms . Scott sa id yes, he wJs . Ms . Scott said and hopefully, ell of you will slep up end be on a teem or muku a donation for nexl year's event. Mayor Wolosyn said lhank you. (d) Kerry Falcone said I am here lonlghl because I live In Englewood and I own an AlV. a utility trailer, two vehicles In the procass of reslorallon and I hear thal now I am In violation of these code• that have been adopted. I called up the City Manager lo find oul when these codes were adopted and I see that from 1998 there were some code Issues on ••ssh. I had some branches In my alley that were left !here by somebody else . The second issue ... of the utility trailers , those codes were adopted in 1998, 2002, 2003 and 2004 and lhe off-road vehicle ordinance looks like II was adopted In 2003 and 2004. I purchased my property prior lo lhat. I purchased my property simply because I did nol want lo live In a neighborhood wilh covenants and HOA's . I feel that I am perfectly capable of living my life without those things in effect. And, I am here tonight lo request that this be pul forth to the taxpayers of Englewood for a vole. Ann that these properties lhat were own ed prior to when these codes were pul lnlo force, be considered lo be grandfathered In . Thal is my proposal and lhat Is why I am here tonight. The second reason Is home owned businesses in Englewood . I have allempted two times since 1994 lo slart a business in my home al 4541 South Jason Street. I have been told both times that my home was not allowed to have a home business. One of my neighbors operates a business out of his home , along with many other neighbors . And, that is my other issue to the Cily Council. .. ls when was th at ordinance or code was changed? Mayor Woiosyn said lhank you . Ms . Falcone said okay. 7. Recognition of Un1cheduled Public Comment There were no unscheduled visitors . 8. Communications, Proclamat1on1 and Appointments (a) A proclamation declaring August 1, 2006 as National Night Out was considered . COUNCIL ll'EMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING AUGUST 1, 2006 AS NATIONAL NIGHT OUT. Mayor Wolosyn asked If there was any discussion . There was none. Vote rHult■: Ayes : Nays : Motion carried . Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward , Tomasso, Oakley None Mayor Wolosyn presented the proclamellon to Director Olson . l!nglawoocl City Council July 24, aooe ...... 9. COUNCIi. IIIMUR WOODWAIID MOVED, AND IT WM SECONDED, TO APPROVE .::~~SENT AO ENDA ITIMI I (a) (I), (II), I (b) (I), (II) AND I (c) (I), (a) Approval of Ordln■ncn on First Reading (I) COUNCIL Bll.L NO . 30, INTRODUCED BY COUNC IL MEMBER WOO OW ~D A BILL FOR AN ORDINANCE AUTHORIZING THE DELEGATION TO TH .: ,;ITV AND COUNTY OF DENVER , COLORADO THE AUTHORITY OF THE CITY OF ENGLEWOOD , COLO Ri,t.l O WITH RESPECT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW AND MIDDLE INCOME PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD , COLORADO AND CERTAIN OTHER CITIES AND COUNTIES IN THE ST AT E OF COLORADO ; APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM ; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH . (Ii) COUNCIL BI LI, NO . 33 , INTRODUCED BY COUNCIL MEMBER 1,\/00DWARD A BILL FOR AN ORDIN AN CE AUTHORIZING ASS IGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY, A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEIL ING ALLOCATION ACT . (b) Al>r roval of Ord inances on S£con d Reading (I) ORDINANCE NO . 24 , SERIF.S 0F 2006 (COUNCIL BILL NO . 25, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUT rlORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) AN D THE CITY OF ENGLEWOOD , COLORAflO , FOR THE ISSUANCE OF FISCAL YEARS 2006, 2007 AND 2008 STATE AND TRIBAL ASSISTANCE GRANTS (STAG) FOR THE LlffiETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PHASE 2 EXPANSION PROJECT . (Ii ) ORDINANCE NO . 25, SERIES OF 2006 (COUNCIL BILL NO . 26, INTRODU CEJ BY COUNCIL MEMBER WOODWARD) AN ORDINANCE GRANTING A UTILITY EASEMENT TO QWEST TELECOMMUNICATIONS CORPORATION (QWEST) FOR INSTALLATION OF A BURIED TELEPHONE SERVICE AT 2900 SOUTH PLATTE RIVER DRIVE (LlffiETON/ENGLEWOOD WASTEWATER TREATMENT PLANT) AND 2800 SOUTH PLATTE RIVER DRIVE (ENGLEWOOD SERVICEN TER). (c) Resolutions and MoUons (I) RESOLUTION NO . 70, SERIES OF 2006 A RESOLUTION AUTHORIZING THE EXTENSION OF A UNIFORM SUPPLY CONTRACT INSTEAD OF THE COMPETITIVl BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AN D SECTION 4- 1-3 OF THE ENGLEWOOD MUNICIPAL CODE 2000 . Vota reeulta : Ayes : Nays : Council Members B■rrenUne , Mc:Caal ln, Moore , Wolosyn , Woodward , Tomauo, Oakley None • • • • • • Englewood City Council July 24, 2008 Page5 Motion carried. 10. Public H11rtng Hema (a) Mayor Wolosyn said this Is a Public Hearing to discuss the proposed lease of property and golf c~urse design related to the planned Sheridan Urban Renewal Authority redevelopment project. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO DISCUSS THE PROPOSED LEASE OF PROPEP.TY AND GOLF COURSE DE!llGN RELATED TO THE PLANNED SHERIDAN URBAN RENEWAL AUTHORITY REDEVELOPMENT PROJECT. Ayes: Council Members Barrenllne, Mccaslin, Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None Motion carried and the public hearing opened . All witnesses were duly sworn . Mayor Wolosyn said Douglas GArrett who was our former Mayor, and helped begin the discL1 ssions with Sheridan , agreud lo stay on as our gralls counsel. We are so grateful to havo the same voice helping us w1Ih this discussion . She said thank you Doug . Douglas Garrett , an Englewood resident , said I'm special counsel to the City Counc il. At this time I would like to submit Proof of Publ ication of the Notice of Public Hearing. Approximately a year ago , City Council directed Jerrell Black and I to start discussions with Miller Weingarten on the possib ility that the City may be interested in entering into a lease with the developer for a portion of the golf course . The dev elopment runs, basically , from Brady Court on US 285, swings around , hits Santa Fe and \i1el\ swings ,outh \o Oxford . It represents approximately 53 or 54 acres of the golf course . After several mo nt ho cf negotiation an agreemert and principles were reached and we had a public forum in July cf 2005. I am happy to report that, in essence , the principal terms from that public forum have net changed, with a few minor exceptions . Th is hearing is the culm ination cf a year long process cf working oul the details of a very complex nego tiat ion that involved environmental Issues, golf course issues , lease issues, fill dirt issues and a variety of things . He said , why is Englewood considering doing this lease? The major reason is the ability to take an amen ity ... which is cur golf course ... and upgrade it substantially . As we all know , rounds in the Denver area have been going down and the efforts to enhance cur golf course .. .improve the front side , the Par 3 and the driving range ... make people want to come and play cur golf course mere . To this end, the Driving Range, Par 3 and the front nine will shift to the west ullllzlng s~me ~f the property that we own on the west side of the river, but east of the back nine . The developers engaged Dr,, Designs under the direction of Perry Dye, who is here this evening , to complete that design and after many efforts al working en designs , we new have what we call Concepl •K which is designed for the golf c,,c ra&. It Is posted in the lobby here for people to see . It is estimated that the construction of the golf course will be approximately 5.5 million dollars. That is about a mill ion mere for the developer than we estimated last summer . During the construction and for a per iod of two years thereafter , Englewood Is protected for cur loss of profits , as well as cur expense shortfall that we have during that inter im. It is anticipated that in September of this year constructi on of the new front nine , Par 3 and Driving Range will commence and It will be completed In May of 2008 , During that lime, the Club House and its facilities, including the restaurant and the back nine, will remain available to the public . Also, because cur Junior Program is very important to the City, the developer will be providing a temporary faclllty ... sort cf en the west side of ti,e property next to the Club House .. .for that program next summer. Now the lease itself, which Is before us this even ing, Is a 20 year lease with three 20 year opllons . Englewood would be paid 4 .19 mill ion dollars up front for the lease , minus $150,000.00 that has been previously deposited with the City to cover cur negotiallng expense . That is a little bit down from the 4.25 million that we talked about last year , but we also new have $900,000.00 for the aggregate In total for the option periods over the next 60 years . In addition , the developer and the City have agreed to an addillonal payment of $650,000.00 to help reflect the need for the City to have oversight on beth the golf course and the lease property developments . As you might suspect , as the landowner of a landfill , there are lots of environmental Issues that we had to deal with . Because of our status as the owner, we have liability on that former landfill . As a result of this development , we have been able to shift a major portion cf that llabillly to the developer. Because of that shift , the developer has been working on a cleanup plan . The Englewood City Council July 24, 2008 Pagel developer hBI developed a voluntary cleanup plan with Iha Colorado Dapart:ne,,t e l Mt O!lf· r,,,d Env i;onmant for both Iha la11a property and the golf course that will mitigate a lot of Iha poliut,u~ th i : /! ,i,, wi lh that landfill. The City will receive ln1urance1, lndamniflcatlon1 and guarantees for any of the ,nvlro:1mentAI ri, ,1 that have been shifted . There are aavaral documents that are Important. First la the lease . Thal ~roperty will be uaad by the developer to develop Ila retail project. The agreement Is with the Sheridan Rede,eropment Agency . The City of Sheridan created an Urban Renewal District for the development of the project. It Is my understanding that this Agency will discuss this matter on Wednesday night. There Is also an Asslgr,ment end Assumption Agraemont , which the Sheridan Redevelopment Agency will assign Its obllgatlons under the lease to Weingarten Miller Sheridan, LLC, which Is the developer of this project , There will i>e a guarantee for many of the obligations. That guarantee will be with Weingarten Realty Investors , which Is a publicly traded real estate Investment trust with a net worth In excess of one hundred million dollars . Of course , there Is a development agreement for the golf course, which will include those Items I discussed previously. Now even with the passage of the lease tonight and If Council pesses It on second reading In August , the lea s does not go effective unless there is a closing . And so , all of the agreements must be finalized and executed before that can take place . Many people at the City have worked on this project. I think I would like to recognize some of those folks this evening . We have had some outside help from Mike Miller, Norm Higley, Dave Robbins, Jennifer Hunt , Bill Major, Serge Hanson , Bruce Behrer, Liz Payson and Denise Larson . Your own City staff under Public Wori<s with Rick Kehm, Dave Henderson; Parks and Rec with Dave Lee , Bob Spada and Jerrell Black and Wayne NIie,; and others Include our City Attorney Dan Brotzman and Gary Sears and Mike Flaherty from the City Manager's office . These people have put In a lot of lime over the last year to make this project happen . I can take some questions now . We also know there will be other people making public comment. Because of that , we have ell the experts here that were working on this project...from environmental to legal to golf course design ... to help answer questions from the citizens ... either In this public forum or after Iha Public Hearing closes, we will retire to the lobby where we have the drawings and will be able to answer everybody 's questions informally in that environment as well. So, I will answer any questions you have now or I will be glad to come back and address some of the Issues that are ra ised. Mayor Wolosyn asked if Council had any questions . Council Member Barrentine said would you have the people who have worked on that...thal would be able to answer people's questions out there ... please stand l lp? Mr . Garrett said yes and asked them to please stand up ... all those who can answer questions . Ms . Barrentine said thanks Doug . • • Steven Hoelter , an Englewood resident , said I em In opposition to this . One ... i think 80 years is too long . I haven 't heard anything yel about who Is going to fund all the infrastructure, but I am sure that will be addressed here ton ight. I w 11 around door to door .. .! found out about this meeting in the Englewood Herald . It wasn 't in the little Ci tizen paper, except under Council Meeting . Not everybody lakes lhe Herald. I went around door to door lo a lot of my neighbors and they didn't even know anything abc.: · . '11s project going on . A lot of people went...what? <io , I think you guys let the public know, but you really d! · · 'IY to let all the Englewood citizens know . t think the Englewood Herald could have posted this meeting m · · , a week earlier . People that subscribe t~ Iha Englewood Herald get It on a weekend and had that story been printed a weak ago , maybe we would have had some more people here tonight on this , because I don't think everybody is In favor of this . In my opinion, this is just another give-away ... corporate America . It's like these guys already went to Sheridan end let Sheridan use eminent domain to throw people off their property . This Is about...! am going to use the word greed ... you know , you steal the property from a low Income owner and you give it to a richer business man . Okay? This Is going to be nothing but problems . And how about 20 years In batwaan payments? Boy , I would like a loan Ilks that. We are not a finance company. We are not a loan company . How are we protecting ourselves In case these guya decide to declare bankruptcy? A lot of corporations these days are finding it convenient ju1t to declare bankruptcy to get away from paying their responsibilities . You know, maybe If we could see that the money would be put up ... all the money that Is Involved, ~xcept maybe the upfront 4 po int mUlion ... waa put Into an escrow account , that way we would have some protection and some leverage In case 1omethlng happens . Who la to say that the economy Is not going to go on another downturn and consumers are going to cut back on their ,pending and businesses won 't be renting . What Is to protect us In case they • say ... hey, we're not renting property ... you know, we can't pay our bills . And the other thing about It Is, is that corporations after corporations, they get handouts from the US government, they get handouts from the State, they get handouts from the County and now they are coming here asking us citizens to give them even more . • • • Englewood City Council July 24, 2008 P11117 You know, we're broke, we're ,trapped, we can 't take It anymore . Har,dout alter handout. • .lt Is llke ... when will the11 guys leam to pull themselves up by their own boots~eps ... coma In and bargain fairly, pay fair market value for their land, operate transparenUy and hon11Uy and stand on !he merits and quality of thalr own goods and services. The day and age of Just corporate welfare. Theae a•. :t.t first people at the top to complain about anybody on the lower end of the social ladder collecting anyt ,ing from the Social Assistance program. An avorega workIn,1 man ... you collect an unemployment check ... people at the top Just condemn you because you are doing It. I encourage City Council to rethink this lease ... meke It a whole bunch more favorable to us er Just say no to It. There Is nothing wrong with that. How many shopping centers do we need within two or three miles of each other? And the other fact Is, this Is going to do nothing but suck tax basa revenue from our area of town ... belng so close. I don't see why you guys are even talking about this In the beginning . We struggle hard . You guys worked this really good to get Cinderella City, because you had to have the tax base . But now we are going to lose It. I don't think It Is fair to these homeowners . We work hard for what little bit we have , but yet we are going to give more and more and more to the big guys that can afford to stand up . Like you said, these guys are worth what...over a hundred million dollars? Let them stand up on their own ... qult asking for a discount. They have already hosed the citizens of Sheridan ... supposedly . T~at is my opinion on it. I appreciate It and thank you very much for listening to me . I encourag~ you guys to say no and I encourage you homeowners to encourage your Council Members to vote no on this or at least get us a better deal. I think that 80 years is too long and 20 years between payments ... that's no, no . You bring them n,ore into line . Mayor Wolosyn said thank you sir. Even though we don't usually clarify things, I would like to clarify ... Mr. Hoelter said no , no, I will be done in a second . (Clerk's note: There was no further comment.] Mayor Wolosyn asked if there was anyone else who wanted to .speak during the Public Hearing. There was no one . Responding tc, an Inquiry from the audience, Mayor Wolosyn said we will have the first reading of this issue in the next part of the meeting . Council Member Barrentine said, Olga, would you expla ;" what the process is then? Mayor Wolosyn said this is a Public Hearing that comes before we vote on this issue of the ground lease . In _addition to this Public Hearing, I think we opened a public meeting on this , when Doug Garrell was Mayor. And we had public meetings that weren't In this venue, they were over in the Community Room ... several of those for people to come and look al the d6slgns . This is a process thet has been discussed for two years and Council really did work hard to make sure that we got market value and ,~,at we got to have a golf course better than the one we have now . I think I speak for everyone here when I say that we took this seriously and we know we hold a trust for the people of Englewood and we believe we got a very good deal for the future . So, that said, would anyone else wish to approach the podium , before I ask for a close of this Public Hearing? There was no one . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO DISCUSS THE PROPOSED LEASE OF PROPERTY AND GOLF COURSE DESIGN RELArED TO THE PLANNED SHERIDAN URBAN RENEWAL AUTHORITY REDEVELOPMENT PROJECT . Ayes : Council Members Barrentine, McCaslln, Moore, Wolosyn, Wo~dward, Tomasso, Oakley Nays : None Motion carried and the public he&rlng closed. 11 . Ordln1nc11, R11otutton and Motions (a) Approval of Ordinances on First Reading (1) Director Black presented a recommendation from the Parks and Recreation Department to adopt a bill for an ordinance approving a Property Lease Agreement with the Sheridan Redevelopment Agency pertaining to the redevelopment of the Englewood Golf Course . He said I think Mr . Garrett did a very thorough and complete Job of going through the lease, the detail related to the key elements of the lease, related to the Golf Course end the benefits to the City . I would Ilka to add a couple of comments . Flrst...about the golf Englewood City Council July 24, 2009 Pagel plan . If you recall, about a year ago we put a plan I0\lllhar. We called II Concept Band we followed the alphabet. We had Concept H, H-1, H-2 and we had I, 1-1, 1-2 and In fact , we ended up with about 30 different concepts before we agreed on a plan , All of our staff looked al II. We had Input from the Cluba and we feel that Mr. Dye will be building a baller golf couraa than what we have now . And , we think II will be a great aaaet to the City and to the community and to Iha user groups of Iha golf course . I would alao add ... aa a follow-up from Mr . Garrett 's comment about the Sheridan Redevelopment Agancy ... lhay are scheduled lo consider a resolution approving the lease agreement on Wednesday even ing, Iha 26th of July . Ha said I would be happy to answer any questions that you may have, Mayor Wolosyn asked if there were any questions. Council Member Barrentine said I would Ilka a couple of the Issues addressed, lhel the gentleman brought up and mayb e Doug would feel more comfortable answe ri ng them . Because we have been through this process and certainl y not all of us ware In agreement during lhP, course of the year . We have gone through a lot of different conversations and debates about the la nd value, how ii was going to be pa id to us and what Iha benefits were lo us and I wondered if you might be able lo address, succinctly, what the benefits are lo us as far as the land value , the Issue that he brought up about the payment ... what we are receiving In exchanae for the piece that we are leasing ... and the money amount tied lo that. I would appreciate that . Mr . Garrell sa id I would be happy lo . In essence, the lease will include a payment of 4.19 milli on dollars up front, of which the City has already rece ived $150 ,00 0.00 of that . Ms . Barrenti ne said and when you mean up front. .. In what period of lime? Mr . Garrell said at the time they close on Iha deal and the lease becomes effective, that payment is due . Ms . Barrentine said we will receive what , the whole 4? Mr. Garrell said lhe 4.19 mill ion dollars . Ms . Barrentine said okay. Mr. Garrell said that will be paid minus the $150 ,000 .00 that was previously paid . The $900,000 .00 lhat wii l be pa id over time , is for each renewal term in 21) years ... lhal will be • paid . So that payment stream, from the City's viewpoint, was worth , in today's dollars, about $60 ,000 .00. So on • today's money we consider that a huge amount. So we will gel 4.19 million up front, we will gel $900,000.00 over time and in addition sin ce last years forum, we have negotiated with the developer another payment of $650 ,000 .00 , which will also be up front lo help defray the costs of oversight of the lease property as well as the golf course construction . Ms . Barrentine said could you please compare that with what the market value is for that property . Mr . Garrell said being that ii is lanl!fill proparty? Ms . Barrentin e said yes . Mr. Garrell said I think Rick may have a better recolleclion .. .if I recall , we lhoughl the total value of t, · pcoperty was in the 4 million dollar range . ~s raw dirt . So we look at II as roughly 4 million dollars of raw dirt ,r we were lo sell ii, because ii i; on a landfill. N1d so in essence , when you look al the paymenls ... we have 4.19 million up front, another $650,000 .00 plus ... which Is an important plus ... is the redoing of our golf course, which our current budget is around 5.5 million dollars . Ms . Barrentine sa id and who will be paying that? Mr . Garrell said that will be the developer . Ms. Barrentine said okay , so in total what are we receiving for that property? Mr. Garrell said in quick math ... Ms . Barrentine said but we are leasing the property, we are not selling ii, I'm sorry, so ... Mr . Garrell sa id we are leasing the property. II will be roughly 10 ... 10.2 million dollars . Ms . Barrentine said and we still retain the property . Mr . Garrell said after 80 years the proper!'. comes back lo us. Ms . Barrentine said but not in the same cond ition . Mr. Garrell said ii is up to the lessee lo return ii lo us eit her in plain condilion ... where they lake down the buildings ... or they return ii to us with the bu il dings in tact. Ms. Barrentine said and the work and money that Is going into laking the landfill piece out of ii? Mr. Garrell sa id that will be paid for by the developer as well as the infrastructure items with Iha City of Sheridan . Ms . Barrentine said so in addition lo the money that we are receiving , we would also have now owned property that is not as much a landfill as what we gave them . Mr. Garrell sa id plus utilities , because currently there are no utllitles . There are also add itional payments lo cover our lost profits on the golf course during the construction per iod and for two years as well as to cover our expense shortfall up lo the tune of 1. 1 mill ion dollars . Those are unknowns , because we don 't know exactly what those will be, but those are also covered . Ms . darrenllne said thank you. Council Member Woodward said if we were to say no, could the developer go forward with th is? Mr . Garrell said the answer Is yes ... lh• developer had proposed a Plan A, Band C Initially . I w1:I have 1he wrong order as I • can 't remember exactly, wh ich one was A, Band C, but on~ of them included doing this development without use of any golf course property at all, so they were planning to go forward with the development even If the course golf was not Involved . Mr. Woodward said as a part of our negotiations , we attempted lo protect our Investment here al City Center and our relailers ... thal is Wal-Mart, Sports Authority, Office Depol...whereas • • Englewood City Council July 24, 2008 Pagel they will not be tenants over there . Mr . Garratt said there 11 a specific covenant regarding Wal-Mart . There are also soma covenants dealing with sporting goods retailers, as well 81 office supply companies . Mr. Woodward ■aid correct and one of the consldaratlons I know we had 81 a Council was that protecting as much •• wo could, was an Important Issue If, In feel , they could move forward without that particular piece of our land. Mr . Garrett said right. Mr . Woodward ■aid Is It typical In a land lease agreement Ilka this to get the rental amount on a 20 year lea1e up front? Mr. Garrett ■aid no , we raquested ... whlch goes also to the gentleman's qua1tlon ... lf something should happen to this development In the out years , the view of the City 11 that we receive the benefits that we ware seeking, which Is up front payment, as wall as our golf course, and whether the development waa successful or fallad ... was not as Important a criteria for the City . Mr. Woodward said woul( II be typical al the and of a lease term and during a renewal term , If 1omebody had exercised their option to renew, to then receive full payment for the renewal period or to receive payment al that time? Mr . Garratt sa i,! sometimes there Is an option price. Mr . Woodward said okay . Also, within the lease agreement , and one of t11e Items that we had discussed In the past, was that Miller Weingarten was going to use their bast efforts to gel the City of Sheridan to participate and cooperate In the South Platte River Open Space Pia,,. Do you know if anything has happened with that as of yet? Mr. Garrett said I don't know If anything has been moving on that front as of today, but then Iha lease Is not effective as of today. Mr . Woodward said yes , I know the lease addresses ii. Mayor Wolosyn asked Ir there was anything else Council Member Barrentine sa id I appreciale the questions that were brought up and I wanted lo let everyone know that we had those same quest l::,ns as well ... that we wanted those protections and we wanted to make sure what our options were and w •~er this was in th e best Interest of the City . I thought you brought up some very good questions and I wanteo , JU to be able to hear some of that information just a little bit more . Mr. Garrett said through this process there have been a lot of questions by Council. Council Member Barrentine said thank you very much . I appreciate it ... you did a very good job on that. Council Member Tomasso said Doug , we have easements for roads also? Mr. Garrett said we have easements for access points on the frontage road ... two easements to access the frontage road ... lhal will run , roughly , along the western property line of the new development. Mr . Tomasso said and we did that in case in 40 years golf Is nol a popular sport and we want to redevelop the golf course ourselves, we now have access? Mr. Garr ell said we wou ld have access points on the frontage road and we would still have our access points on Oxford . Mayor Wolosyn asked if there was anything else . There was nothing . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL Bll.L NO. 28 . COUNCIL BILL NO . 28 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING A PROPERTY LEASE PERTAINWG TO THE REDEVELOPMEN: OF THE ENGLEWOOD GOLF COURSE . Mayor Wolosyn asked if there were any comments or discussion . Mayor Wolosyn said I would like to add my thanks to everyone who has worked so hard on this for the past two years . Mr. Garrett said we will be available In the lobby for people who have additional questions . Ms . Wolosyn said thank you Doug for coming out. • Vote r11ult ■: Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward , Tomasso, Oakley Nays : None Engl-ood City Council July 24, 2006 Page 10 Motlon carried . (II) Economic Development Coordinator Hollingsworth presented a recommendation from the Community Development Department to adopt a bill for an emergency ordinance creating the South Broedway Englewood 9.,r,lne11 Improvement District (BID) pursuant lo Colorado Revised State Statutes§ 31- 25 Part 12 . He ■aid ton • ·t we have en emergency ordinance on first reading, creating the South Broadway Englewood Business lrr.r 1vement District. The special assessment district Is be ing requested by the merchanls lo enhance th ;; ~conomlc vitality of the South Broadway commercial corridor from 285 north lo Yale . Pursuant to State Statute, Council conducted a Public Hearing on July 1 o'" and at that time evidence was presented to Council that demonstrates all condition s Imposed by the Slate Statutes have been met In this case and could go forward with Iha creation of the Business Improvement District . He said If Council has any questions, I am able at this lime to respond to that. Thank you . Council Member Woodward sa id I am very much In favor of this BID and really support II. I think businesses should ba o'olng what they can for business and I think that Is great. The question for you ... on the sample first year BID oµeratlng budget , under Financial lmpacl...ln your written Information . Just lo clarify . The City Council approved a $30 ,000 .00 loan a year ago , aLoul a year ago, and I think we need to address lhat...if not now ... al soma point. Whether that Is being paid bac k, whether that Is being forgive n, whether a portion is being forgiven? Those types of •J'llngs. Mayor Wolosyn said I think that is something that can come after this and al a Study Session . Thal is an appropriate discuss ion . Mr Woodward said okay. Mr. Hollingsworth said Council Member Woodward, we discussed that item briefly al a Study Session about a month ago. The BID is not formed al th is lirr,e and c,uncll looked al making a decision once the BID was formed and once they were an actual entity . Also , there may not be a loan or grant lo forgive , unless the BID gels created in the first place . So , that decis ion might be more timely al a later point. Council Member Mccaslin said I still have some questions . I have talked lo some merchants that are south of Hampden ... up toward Belleview . I know In that discuss ion , if I am correct , thal they were invited lo join. And the guys that I have talked to said they had no idea what is going on . I would just hope that we could extend th is lo all of Broadway. Why are we just taking th is from Hampden to Yale ... why don 't we extend II all the way on Broadway to all the Englewood bus inessmen? That is my concern about ii. Mr . Holli ngsworth said the larger BID study area included, basically , areas on the socth side of 285 all the wa y towards the Swedish area . Tha core area that Iha bus inesses ha ,a expressed an interest in Is those bus inesses that have like ideas and are willing lo support those Ideas with an Increased tax , to do a variety of th ings .. .Includ ing marketing , Image and public safely . There was a larger sludy area considerAd on the fronl end, but !here was not as much support within !hose areas to self-lax themselves . Thal core level of support was ... 285 to Yale along Broadway and there Is a chance that the District can grow over lime should merchants outside the District want to part icipate and become a part of lhe BID . Mr . Mccaslin sa id okay. Mayor Wolosyn asked If there were any other queslions . Council •iember Barrentine sa id I had some comments from people when they found oul and saw lhls listed as an em ergency ordinance and I lhoughl you might address that. You can tell me whelher my explanation lo them was correct. Because this Is property owners and this Is going to be assessed on a property lax basis, thay wanted to have an area and then they had lo pelitlon that area ... get at laasl 51% of the property owners by property volume In that area lo agre lo thls ... untll lhat piece happened , until that pellllon piece happened , we had nothing to decide on and nothing to pul on the ballot. Now that that pleco has gone through, we need to move forward In order to make this timely so that this can gel on the ballot and be decided by all of tf,e • • merchants In thel area ... they will have Iha opportunity to vole on lhat...bul the ernergency piece of this Is only lo • be timely so that ii could go ahead and gat on the ballot. Is that correct? City Allomey Brotzman sa id that Is correct. • • • Englewood City Council July 24, 2008 PL ~• 11 Mr . Hollingsworth Hid lhat Is correct, yes . ~ Mr . Brotzman stated, It Is correct. 11 ,s about getting this on the ballot In a timely manner ... wllh Iha 30 day window when a traditional ordinance pa~ses on final ... 11 wouldn 't be able lo meet State Statutes and State Statutory requirements, so the BID legal counsel requested an emergency status on Iha ord inance . Council Member Barrentine said because lh ls Is still not something we can put Into piece . Somebody else will still be voting on this and whether they tax themselves or not. .. lhat Is not somelhing we are putting Into place , ii Is j.Jsl that we are allowing that vote to happen by do ing this . Mr. Hollingsworth said exactly and ii Is based on timing . She said the second piece of the question ... and I know this has been addressed , but just for the record ... what Is the affect on non-profit businesses , are thAy included In this? And do they have a vote? ~Ar . Hollingsworth said the BID counsel that hes been selected Is here this even ing , Mr . Marcus McAskin . He might be able to respond to lhat. There are some exempt propertles ... non-profils I believe . II has to be a fo r- profit business to be subject lo the special assessmenl, as I understand it. [Clerk 's note : Mr . McAskln offered add itio ,wl comments that were unclear .] Council Merr.ber Barrentine said okay , I just wanted lo clear that up . Thank ycu . Mr. McAskin said there is a statutory procedure whereby business owners In lhat portion of Broadway south of Hampden could petition lhe BID for inclusion . And then that question of whethe, or not the inclusion shr Jld be gr mlsd is ultimately subject to the approval of this Council . So the request for inclusion does come ~ack before this body . The Business Improvement District acting alone cannot act on that petition for inclusion or exclus ion so , ultimately, the decis,on will lie here . Council Member Barrentine se ,d so actual ', the process of being Included is much easier than starting the BID. Once the BID Is In place , you can go ahead and expand ii eas ier than ii is lo take a large area and try to do the DID . Mr . McAskln said that Is correct. I would lhink that lhere Is slightly less involved with the inclusion effort than there would be wilh the original formation effort . Bui , I think the important point I wanted lo make Is that any inclusion would, ultimately, be decided by this Council. Council Member Moore said even like th is process , what we would decide is that everything can go forward . Even If they get expanded , the group In the expanded area would vole . Mr. McAskin said correct. Mr. Moore said so, lo be clear, one of tt,o objections we had in the Public Hearing was asking Council to stop u,i s. Council was, in this case, more or less ma ki ng sure procedures were followed and allowing lhese lndiv ldua is '·" rnake decisions about their area and ultimately they are lhe ones that decide ... and even on the Inclusion, In later years ... we are just making sure II makes sense . Ultimately those additional people vote as lo whether or not lhat Is appropriate for !heir area . Mr . McAskln said I think that summary is very apt. I mean, Counc il would be agreeing on a defined boundary or an Inclusion mea . Those business owners and electors wilhln that boundary would then be deciding on whether or not to subj ,,ct lh•mselves to the special assessments of the Business Improvement District. Ma yor Wolosyn said ar,, there any other questions or comments . There were none . Mayor Wolosyn seld thank you Darren . COUNCIL MEMBER TOMASSO MOVED, AND fT WAS SECONDED , TO APPROVE AGENDA fTEM 11 (1) (II) -COUNCIL BILL NO. 29. COUNCIL BILL NO . 29, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE ESTABLISHING THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT AND DECLARING AN EMERGENCY . Englewood City Council July 24, 2008 Page 12 Mayor Wolosyn 11ked If there waa eny discussion . There was none . Vote reault~: Motion carried. Ay11 : Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward , Tome110 , Oakley Neys : None Mayor Wolo1yn Hid I would like to 11y well done to all the people In the bus ine ss community who worked so hard on this. (Ill) Senior Planner Graham presented a recommendation from th e Community Development Department to edopt a bill for an ordinance for Englewood to enter Into a Cons truction Agreement with the South Suburban Parks and R1Cteatlon District to construct trail improvements for bicyclists and ped11trlen1 elong the South Platte River . He said th is Is an agreement where South Suburban would be posting $125,000 .00 of matched funding for , approx imately, a $340,000.00 trail project where we would be expanding the trail for about a half mile from Girard Avenue to about Bates Avenue on the west side of the Platte Riv er , This projec:1 w11 entered Into a competition In 2005 where we applied for Arapahoe County Open Spacc Grant dollars end originally tha City had posted matched fund ing . South Suburban , as a partner , has egretKJ to provide that If we would manage the project and provide the contingency funding . So , the City will leave tha exl1tlng funding In piece for the duration of the project , but accept the matched funding from South Suburban . ii there are 1avlng1 on the project , they would get the savings . Additionally , our funds could be reprogrammed back Into other projects at the conclusion of the trail project . The project , basically , addresses three l11ua1 : capacity, 11fety and the aesthetics of the tra il. There will be trees planted , guard rails installed and e crusher fin11 path ln1talled where there Is width available . An additional concrete width will be added where the trail w11 too narrow for the crusher fines . Staff would recommend that Council adopt a ordinance to acc ept the con11rUC1ion agreement with South Suburban Parks and Recreation Distr ict. COUNCIL Ml!MIER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (1) (Ill) • COUNCIL IILL NO . 31. COUNCIL BILL NO , 31, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED CONSTRUCTION AGREEMENT REGARDING CONSTRUCTION OF THE TRAIL EXPANSION ANO BUFFER PROJECT RELATED TO·, HE MARY CARTER GREENWAY TRAIL BETWEEN THE CITY OF ENGLE',''00D, COLORADO ANO THE SOUTH SUBURBAN PARKS DISTRICT . Mayor Wolo1yn a1ked If there was any discussion . There was none . Mayor Wolo1yn said thanks Mark . Vol• reault1 : Motion carr ied . Ayes : Coun cil Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward , Tomasso , Oakley Nays: None (b) Approval of Ordinances on Second Reading • • There -e no additional Items submitted for approval on second reading. (See Agenda Item 9 • Consent • Agenda .) (c) Resolutions and Motions • • • Englewood City Council July 24, 2009 P1g113 Thore were no addltlon11 rellOlullon• or mollon1 1ubmHtld for approval . (8" Agenda Item 9 -Consent Agenda .) 12 . Gen■ral Dl1cu11lon (1) M1yor'1 Choice (I) Mayor Wolo1yn Hid I think WI can 't think Doug enough for all the time that I know he has put Into th l1, given hl1 very bu1y IClladule. And for m1 , It 1ll0Wld me I lot of peace of mind and sort of the transition Into be ing Mayor , with I whol1 new Council, to have 1omaone who had worked so hard already on this luue, to be able to 1rtlcul1t1 tho1e 111u11 lor u1 . (II ) Mayor Wolo1yn 11id thl N1tlon1i Brownlilld1 A11oclatlon had talked to Council a few weeks ago about becoming mem bers . They are 1llrtlng I Colorado charter and they called today and asked if we could host the ir Initial organization mHtlng and they do everything . They pay for everyth ing . The only th ing is that they would use the Commun ity Room ... we would give them the Community Room without charge . I think it Is a no -bra lner , but I wanted to see 111 had con1en1u1 from Council. There was consensus. (b) Council Members ' Cho ice (I) Council Member Barrentine sa id It Is good to be back . I've traveled about 2500 miles around most of the mid-west. It Is really nice to be home . I am glad that all tha family amarg o,1cy Issues have been resolved and am glad to be back . Mayor Wolosyn said welcome back . Ms . Barrenline said thank you . (ii ) Council Mel!'ber Moore said I woul d ,lust like to take a moment to not e soma very pleasant interact ions with the City st !lrf that I have hed over lhe last couple of weeks from an alley compla int from one al the citizens In my District , that Public Works took care of very qu ickly , to some drug aclivity that my wife and t were noticing In Romans P~rk. The Police were able to respond to that within minutes and actually catch them . I think they said It led 10 three po ints of arrest , I've forgotten what the term was, but they were actually able to addren a drug problem in a nearby park . And then I was , unfortunately, witness to a vi cious dog attack and was able to work with Code Enforcement to make sure the situation was properly documented . As usual, I think we have a very fine staff ... and across the board It was a pleasure work ing with all of th ~m involved In jusl this recant slate of activities . (Ill) Council Member Oakley said I too would like to thank Doug Garrett for conlinuing to work for us . As you know, I took his seat In District 4 ... and I have only been on Council a short time , but I fell very assured that Doug was caring for us . (Iv) Council Member Tomasso said I would also like to thank Doug for all his hard work and tak ing a great deal of burden off the rest of us In hav ing to figure out all those little details and facts and attend all thoae meetings . I think It was really nice of Doug to volunteer and see the project through . M Council Member Woodward said I would like to acknowledge Doug also for his expertlae . (Clerk'• note: Mr . Woodward made addit ional comments that were unclear.] 13 . City U1n1g1r'1 R1por1 (1) ActlnQ City M1n1gar Flaherty Hid I am sitting In ton lijnl tor Gary Sears . Gary will be returning from Gennany l1t1r 1h11 WHk and will be back In the office on Monda y. (b) Acti,lg City Manager Flaherty Hid I would elso li ke to th ank all the con sultants and staff Involved with the Go~ Courn Project and to 11y that m01t of those folk .1 will be busy for an~thar couple of years Implementing th1 plan . 14 . City Altom1y1 R1por1 Englewood City Council July 24, 2oot Page 14 (a) Ctty Attorney Brotzman uld I loo would like to ecknowledge 111 lhe con1ultanll , Including our unpaid cou n11I , Mr , G ■lfflt, who put In 1uch en Incredible ■mount of wor1< on lhla project. 15. AdJoumment • • •