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HomeMy WebLinkAbout2007-07-16 (Regular) Meeting Agenda Packet1. 2. 3 . 4. 5. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, July 16, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. /J: 'ff}~ Invocation. ~~ Pledge of Allegiance. ~ RollCall. t/Jt 7~ Consideration of Minutes of Previous Session . ~ '7-(} a. Minutes from the Regular City Council meeting of July 2, 2007. ~ 6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) g 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes . Time for unscheduled public comment may be limited to 45 minutes and if limited shall be ' co ntinued to General Discussion .) g- 8. Communications, Proclamations, and Appointments . a. Letter from Ronald Rutherford indicating his resignation from Keep Englewood Be~ ,I__ ij_ Co~s. A«/1J.d i'd U//~ NjW/JA-~ ;ft(1·.,-9~/ Cbp/;d O a. Approval of Ordinances on First Re~ i. Pl Council Bill No, 4~ -Recommendation from the Water and Sewer Board and the Utilities Department to adopt a Bill for an Ordinance approving Supplement No. 162 to the Southgate Sanitation District Connector's Agreement for the inclusion of land within the district boundaries. STAFF SOURCE : Stewart H . Fonda, Director of Utilitie . Englewood City Council Agenda July 16, 2007 Page 2 b. Approval of Ordinances on Second Reading. i. Council Bill No. 39, an Emergency Bill for an Ordinance adopting a competitive cable franchise application , re v iew, and evaluation process. c. ""'~solutions and Motions. ff 10. Public Hearing Items. (No Public Hearing Scheduled .) p 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Op!;tl'l-0 Council Bill No. 41 -Recommendation from the Parks and Recreation Department to adopt a Bill for an Ordinance authorizing a Contract for Deed for the purchase of Duncan Park located at 4846 South Penns ylvania Street between the City of Englewood and Arapahoe County School District No. 1 (Englewo~J.. • ~ Schools). STAFF SOURCE: Jerrell Black, Director of Parks and Recreatio~ b. Approval of Ordinances on Second Read ing. IL i. Coun ci l Bill No. 40, subm itting to the registered electors of the City of Engle w ood /!Ztf ':fr Jj.o a proposed Charter question to update th 11!n~u,a~~ ~n. Afticle X, Part I, Section 94 ~ '7-0 of the Charter of the City of Englewood . /,N ~ /J... , Li ii. Council Bill No. 42, subm itting to the registered electors of t he City of Engle w ood /llJ ~ ~ a proposed Charter question to update the lan~ge in Artkle X, Part IV, Section ~ 'J-[} 11 7 of th e Chart er of th e City of Englew o od. ~ c. Reso lu tions and M ot ions. Recommendation from the Finance and Administra t ive Services Department and the City Manager's Office to adopt a Resolution setting application fees associated with the Competitive Cable Franchise Ordinance. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services, and Leigh Ann Hoffhines, Communications Coordinator. ~ 12 . General Discussion . a. Mayor's Choice. b. Council Members' Choice. i. Resolution au th orizing the exemption of 3590 South Pennsylvania from Building_/ ~ Permit Fees associated with development and construction. ~I!?-- Englewood City Council Agenda July 16, 2007 Page 3 13. City Manager's Report. 14. City Attorney's Report. 15 . Adjournment. O~!)r--- PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: July 16, 2007 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session July 02 , 2007 • The regular meeting of the Englewood C ity Council was called to order by Mayor Wolosyn at 7:33 p.m . 2 . Invocation The invocation was given by Council Member Barrentine . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absen t: A quorum was presen t. Also present: Council Members Tomasso, Moore , Barrentine, Oakley, Mccaslin , Woodward, Wolosyn None C ity Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush D irector Gryglewicz, Finance and Admin istrative Services Director Olson , Safety Serv ices Manager Stitt , Commun ity Development Communications Coord inato r Hoffh ines , C ity Manager's office Pol ice Sergeant Cond re ay , Safety Serv ice s 5. Consi deration of Minutes of Prev iou s Se ssi on (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COU NCIL MEETI NG OF JU NE 18, 2007. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Ayes : Nays : Abstain : Motion carried . Council Members Barrentine , Mccaslin , Wolosyn , Woodward, Tomasso , Oakley None Council Member Moore 6 . Recognition of Scheduled Public Comment Ther w r no ch duled visitor . 7 Recognlt on of Un cheduled Public Comment Englewood City Council July 2, 2007 Page2 (a) Dawn Shepherd said I am the Director of the Englewood Housing Authority at 3460 South Sherman Street. We have the pleasure of being in the development mode of a project called The Terraces on Pennsylvania , which I know you're familiar with ... 62 units of senior housing that we hope to start construction on late in August. We have been very fortunate to have community support from Arapahoe County, from the Housing Authority, of course ... contributions of time and money and land for this project. We are asking, with your blessing , for money from the County with HOME funds, which is a Federal funding source that comes through Arapahoe County. And we still see that there will be some gaps in financing . We are hopeful that we can partner with the City, not by asking for a financial contribution, but by getting a waiver on the plan review fees and the building permit fees for this building. It will enhance our chance as well, to be able to get funding from the State Division of Housing, who looks very closely at the partnership that the Housing Authority has with the City . So, recognizing that these are not the best of times , but that this would not be financial donation that we would be asking you for , from your coffers , but a waiver of fees . We want to ask you for this in the future, as we have not gotten a presentation, per se, in writing, but we thought we would take this opportunity tonight to address you with our need and then we will come to you at a later date. Rodger Hara, who is Vice Chair of the Housing Authority Board, is here to be reappointed tonight, and we thank you for that, but he also wanted to speak just a moment about the need that we have and our request to you. Thank you very much for your time . Mayor Wolosyn said thank you and we'll look forward to seeing that request come forward to us . Thank you Dawn . (b) Rodger Hara , an Englewood resident, said thank you very much for your indulging us this evening . The Terraces on Penn is a project that is going to fill a niche in the Englewood housing marketplace . It will provide housing affordable to senior citizens with incomes between 40 and 60 percent of the area median income , without any asset tests . So , it would permit those individuals who currently own homes, but are living on Social Security or other retirement , to remain in Englewood by moving into this housing that will be in an affordability niche , in between the two subsidized senior projects and Meridian and will be of a quality above the one and below the other. In order to make the econom ics work , CHFA, the Colorado Housing and Finance Authority , has reserved authority under the Federal Low Income Housing Tax Credit Program to generate equity to make the housing affordable and with construction costs rising , inevitably there are going to be gaps in order to produce a project of the quality that we know that the City is interested in and that will ensure the long term marketability and habitability of the project , and what the rents are going to be capable of supporting . So, thank you very much for entertaining our request, which will be forthcoming shortly, once we know how big our gap is . Thank you . Mayor Wolosyn said thank you for coming out and for g iv ing us a heads up on it. Thanks . (c) Kev in D ic kso n, a Denver res ident, sa id I was investing in Englewood properties , here in old north Englewood, in ho pes of building duplexes. A s the ne igh bo rhood started turning around , I felt t he revi talization of neighborhoods was moving south . And then low and behold ... in early 2004, what I call the 60 foot rule was passed, which essentially, according to the memo from Tricia Langon in the Planning Department, requires 60 feet to build a duplex ... where the previous rule was 50 feet. And so, in her words, it essentially down zoned all of the R2 in Englewood and so that sort of quashed my plans . Over the past couple of years, I've met a couple of other redevelopers that were unable to build . Then I looked up, on the Internet , what down zoning really means and it turns out that it usually reduces the value of the land, because now you cannot develop it with as many units . So I'm concerned about that, the passage of that law, which caused everybody's R2 property to be devalued and I know that you're looking at rectifying it with the stipulation there are some developmental guidelines . I've been in some contact with Laurett . The only thing I can think of that would be simple enough would be requiring brick, if you go back to the 50 foot rule . And then to make sure that nobody builds ugly and cheap things , you require brick . But then a little more research on that topic and some cities in the siding industry ... the wood siding and the vinyl siding in dustry ... are actually fighting that on constitutional grounds, in many cities across the country . So , if we go back to the 50 foot rule, and require some sort of architectural guidelines ... I just want Council to study the issue very hard because the 60 foot rule caused some problems that were not expected and any developmental gu idelines could also cause some problems that are unexpected . Things should just be studied very thoroughly before requiring architectural standards . I appreciate your time . Mayor Wolosyn sa id thank you and we don 't usually address Issues, at th is point, but If you stay until the end of th m ting . I think omeon will prob bly pick thi up . Th nk you . Englewood City Council July 2, 2007 Page3 8 . Communications, Proclamations and Appointments COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (a) THROUGH 8 (x) • RESOLUTION NOS. 52 THROUGH 75. (a) RESOLUTION NO . 52, SERIES OF 2007 A RESOLUTION APPOINTING MICHAEL BUCHANAN TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. (b) RESOLUTION NO . 53, SERIES OF 2007 A RESOLUTION APPOINTING NICOLE KELLEY BUNDGAARD TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (c) RESOLUTION NO. 54, SERIES OF 2007 A RESOLUTION APPOINTING VIC CALONDER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (d) RESOLUTION NO . 55, SERIES OF 2007 A RESOLUTION REAPPOINTING KATE DULANEY TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (e) RESOLUTION NO . 56, SERIES OF 2007 A RESOLUTION APPOINTING LAUREL DYGOWSKI TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (f) RESOLUTION NO . 57, SERIES OF 2007 A RESOLUTION APPOINTING JENNIFER ENGER AS AN ALTERNATE MEMBER TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (g) RESOLUTION NO . 58, SERIES OF 2007 A RESOLUTION RECOMMENDING RODGER HARA FOR REAPPOINTMENT TO THE HOUSING AUTHORITYFOR THE CITY OF ENGLEWOOD, COLORADO . (h) RESOLUTION NO . 59 , SERIES OF 2007 A RESOLUTION APPOINTING JOSEPH JEFFERSON TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (i) RESOLUTION NO . 60 , SERIES OF 2007 A RESOLUTION APPOINTING MICHAEL KEENE TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (J) RESOLUTION NO . 61 , SERIES OF 2007 Englewood City Council July 2, 2007 Page4 A RESOLUTION APPOINTING DANIELLE KENT AS AN ALTERNATE MEMBER TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (k) RESOLUTION NO. 62, SERIES OF 2007 A RESOLUTION REAPPOINTING REBECCA LAUGHLIN AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (I) RESOLUTION NO. 63, SERIES OF 2007 A RESOLUTION APPOINTING REBECCA LAUGHLIN AS A YOUTH MEMBER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO . (m) RESOLUTION NO . 64, SERIES OF 2007 A RESOLUTION REAPPOINTING JULIE LONBORG TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . (n) RESOLUTION NO. 65 , SERIES OF 2007 A RESOLUTION APPOINTING KOREN LOWRIMORE AS AN AL TERNA TE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD. (o) RESOLUTION NO. 66 , SERIES OF 200 7 A RESOLUTION REAPPOINTING MARTY MOSMAN TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (p) RESOLUTION NO . 67, SERIES OF 2007 A RESOLUTION APPOINTING LESTER MYERS AS AN ALTERNATE MEMBER TO TH E PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (q) RESOLUTION NO. 68 , S ERI ES O F 2007 A RESOLUTION RE A P PO INTING KRISTA NIE DERJOH N AS A YO UTH M E MB ER OF THE PAR KS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (r) RESOLUTION NO. 69, SERIES OF 2007 A RESOLUTION REAPPOINTING NICK PANETTA TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . (s) RESOLUTION NO. 70, SERIES OF 2007 A RESOLUTION APPOINTING AARON REID TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . (t) RESOLUTION NO. 71, SERIES OF 2007 A RESOLUTION APPOINTING RONALD RUTHERFORD TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD. Englewood City Council July 2, 2007 Page 5 (u) RESOLUTION NO . 72, SERIES OF 2007 A RESOLUTION REAPPOINTING ROBYN VANDERLEEST TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . (v) RESOLUTION NO . 73 , SERIES OF 2007 A RESOLUTION REAPPOINTING TED VASILAS TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . (w) RESOLUTION NO . 74, SERIES OF 2007 A RESOLUTION REAPPOINTING JILL WILSON TO THE CODE ENFORCEMENT ADVISORY COMMITIEE FOR THE CITY OF ENGLEWOOD, COLORADO. (x) RESOLUTION NO . 75, SERIES OF 2007 A RESOLUTION APPOINTING ROBERT ZUCCARO TO THE CODE ENFORCEMENT ADVISORY COMMITIEE FOR THE CITY OF ENGLEWOOD, COLORADO. Vote results : Mot ion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward, Tomasso , Oakley Nays : None Mayor Wolosyn said I would like to thank the people who did come out and thank everybody who has volu nteered to work on a board or commission . We really depend on that extra level of input from the citizens . Mayor Pro Tern Woodward announced each appointment. Mayor Wolosyn presented cert ificates and City pins to all the appo intees in attendance . 9 . Consent Agenda (a) Approval of Ord inances on Fi rst Read ing There were no additional items submitted for approval on first reading . (See Agenda Item 11 (a).) (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 (c).) 10 . Public Heari ng Items There was no public hearing scheduled . 11 . Ordlnancea, Reaolutlon and Motions ( ) Approval of Ord inances on First Reading Englewood City Council July 2, 2007 Page 6 (i) Communications Coordinator Hoffhines presented a recommendat ion from the City Manager's and City Attorney's Offices to approve an Emergency Bill fo r an Ordinance adopting a competit ive cable franchise application, review and evaluation process . She sa id , first off, in case you read the council communication and were confused by the previous council action section, I wanted to offer a note of explanation . We evidently had some nutty cut and paste snafu between the time I reviewed it and the time it went to print. So , my apologies for any confusion there . It should have read that this was discussed at the June 18th City Council Study Session . So, my apologies. I am here this evening to seek Council's support for Council Bill 39 , a proposed ordinance that formalizes the process for evaluating competi tive cable franchise applicants . We discussed th is ordinance at the June 18th Study Session, you may recall. The ordinance that you have in your packets , is based on a model ordinance that is being recommended by the Greater Metro Telecommunications Consortium . The model was drafted by Ken Fellman and the GMTC 's legislative committee and the version that you have has been personalized for Englewood and it incorporates the changes that we talked about at the June 18th Study Sess ion . You may recall that the ordinance is in response to a recent FCC order that essentially limits the amount of time that a local franchising authority, such as the City of Englewood, has to negotiate with an applicant for a franchise . And the short timeframe makes it really difficult for us to gather enough information to evaluate the company's ability to provide cable services in Englewood. So this ordinance, essentially, puts a process in place that will allow us to gather information, at the outset of the application process, that will help us evaluate them. As you know, a number of national organizations ... the National League of Cities, the U. S. Conference of Mayors , the National Assoc iation of Counties ... have filed an appeal to the FCC order, and , in fact, just a couple of days after the Study Session where we discussed this, those same organizations filed for a stay. And so if the stay is granted, the FCC order won 't go into effect until the appeal is concluded and we know the outcome . But, we don't know when the court will render a decision on that stay, so in the meantime , it would be beneficial to have these requirements in place , because the "shot clock" portion of the FCC order, which is essentially the shortened timeline , is schedu led to go into effect in July, as soon as the Office of Management and Budget gets the forms finalized . So , because of the short timeline , we are present ing th is ordinance as an emergency ordinance . That's kind of it in a nutshell. I'm happy to answer any questions tha t you have. Mayor Wolosyn asked if there were any questions . Counc il Member Woodward said I have a couple of questions and I th ink these are for Dan . On page 9 , under review criteria , number 1 ... "the applicant does not have the financial , technical or legal qualifications to prov ide cable service" ... I am just wonder ing if that should be stating the applicant , in the C ity's sole opinion , does not have the financ ial , techn ical or legal qual ifications to provide the cable service? City Attorney Brotzman sa id Ken too k th is out of the federal leg islation and looked at that language d irectly . Righ t now, it's an objective task that has to be we ighed . I don't th ink that you want to put in the option . What would happen is the C ity would move that the y don 't have that. .. they would have a chance to respond . Mr. Woodward said okay. Mr. Brotzman sa id , ult imate ly, you will be the determin ing facto r on tha t. Cou nc il Me mb er Woodwa rd sa id ok a y. So it's in ferred . Mr. Brotzman said that is correct. Council Member Woodward said the second question I had is that I didn't see any assignment clauses here or anything about assignment , no assignment by applicant of the application , if it should be started over. City Attorney Brotzman said it would start over . Council Member Woodward said so there would be no assignment opportunity? City Attorney Brotzman said correct, mostly because the horrendous challenge of ... I mean these are giant corporations that are going to have to be doing this and they'll be going through their stock issues and all of those problems that are coming forth . Don't get me wrong . When TCI changed over to Comcast , part of what we had to deal with was they were changing in midstream ... corporate wise , so they know they're going to have to resolve all of those issues on our application . Council Member Woodward said okay. Mayor Wolosyn asked if there were any other questions . There were none . Mayor Wolosyn said thank you Leigh Ann . COUNC IL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) · COUNCIL BILL NO . 39 . COUNCIL BILL NO . 39 , INTRODUCED BY COUNCIL MEMBER WOODWARD Englewood City Council July 2, 2007 Page7 A BILL FOR AN ORDINANCE AMENDING TITLE 12, OF THE CITY OF ENGLEWOOD MUNICIPAL CODE 2000, BY ENACTING A NEW CHAPTER 6A, ENTITLED COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITIED PURSUANT TO SECTION 76.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS AND DECLARING AN EMERGENCY. Mayor Wolosyn asked if there was any further discussion . Council Member Barrentine said that I would like to say that I don't believe that this ordinance ... in trying to do, on a local level, any emergency ordinance, just to bypass federal regulations that are coming in ... l don't believe is appropriate. However, I will be voting for this, because I don't think that it gives undue preference to one or the other. I think that we're going to have an even playing field, but I think there was some issue with the FCC wanting to make it a more timely process. The fact that we made some cursory changes and that it will at least apply to everybody ... but I do oppose us doing emergency ordinances . I don't think that this, in particular, fits under our Charter to do it as an emergency ordinance just to bypass the federal regulation that's coming through . With that objection, I'll still be voting for it. Mayor Wolosyn asked if there were any other comments. There were none. Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (ii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a bill for an ordinance submitting to the registered electors of the City of Englewood a proposed Charter question to update the language in Article X , Part I, Section 94 of the Charter of the City of Englewood . He said this issue was discussed at the Study Session on April 2, 2007 . As Council is aware, City staff often reviews both the Charter and Code to make sure that they still meet current conditions and needs of the City. When we reviewed this part of the Charter, we realized that there are three additional funds that the City uses to construct or purchase capital items . As the Charter reads now, all appropriations, except for those in the Public Improvement Fund, which is in Section 96 of the Charter , lapse at year end. This Charter change , if voted and approved by the citizens, would allow Council to designate additional funds that would allow those appropriations not to lapse at year end, but to lapse at either the end of the project or the abandonment of the project. So , what this does is, it allows Council to initially appropriate these capital projects and the funding for them and the appropriation will last until the project is completed . As it is now, if it is partially completed, then staff comes back and asks for that funding to be reinstated in the following year . So, what this does is really streamline the process and, if Council approves, this will be on the November 6 , 2007 ballot. Mayor Wolosyn asked if there were any questions for Frank . There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (Ii) -COUNCIL BILL NO . 40 . COUNCIL BILL NO . 40, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X . PART I, SECTION 94 "Appropriation to lapse", OF THE ENGLEWOOD HOME RULE CHARTER. Vote results : Aye : Council M mber Barrent ine, Mccaslin. Moore, Wolosyn, Woodward . Toma o , Oakl y N y : Non Englewood City Council July 2, 2007 Pages Motion carried . (iii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a bill for an ordinance submitting to the registered electors of the City of Englewood a proposed Charter question to update the language in Article X, Part IV , Section 117 of the Charter of the City of Englewood. He said this item also was discussed at a Study Session on April 2, 2007 . Section 117 of the Charter currently requires that the City has to advertise for bids to dispose of any surplus junk or other articles of value no longer of use to the City. And what this has led to is, really almost everything that is not of use to the City, even if it's junk, we will hold onto it, often times for a period of time until our auctioneer will come in and take it and we know that it doesn't have value, so it basically is stored and later disposed of. if this proposed change for the Charter is approved by the citizens, it just allows the purchasing officer more flexibility to use his or her judgment on items that are no longer of use and to use that judgment to dispose of those. Mayor Wolosyn asked if there were any questions for Frank . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 42. COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X , PART IV , SECTION 117 "Sales", OF THE ENGLEWOOD HOME RULE CHARTER. Mayor Wolosyn asked if there was any d iscuss ion . There was none . Vote results: Mot ion carr ied . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn sa id thank you Frank . (b ) App roval of O rd inan ces o n Second Read in g There were no items submitted for approval on second reading . (c) Resolutions and Motions (i) Manager Stitt presented a recommendation from the Community Development Department to adopt a resolution authorizing assignment of Englewood's 2007 Private Activity Bond Cap Allocation to the Colorado Housing and Finance Authority for home ownership programs . He said before you tonight is a resolution authorizing the transfer of the City's Private Activity Bond Cap to the Colorado Housing and Finance Authority . In 2007 , Englewood received a bond cap of 1.3 million dollars and as we have done in the last five years, we have transferred that bond cap to CHFA for the homeowners program, for low interest loans for low and moderate income families . We are asking approval of this resolution to move that bond cap to CHFA this year . Mayor Wolosyn asked if there were any questions . There were none. COU N CIL M EM BER WOODWARD MOVE D, AN D IT WAS SECONDE D , TO APPRO V E AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 76, SERIES OF 2007. RESOLUTION NO. 76 , SERIES OF 2007 ) l Englewood City Council July 2, 2007 Page 9 A RESOLUTION AUTHORIZING ASSIGNMENT TO TH E COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT. Mayor Wolosyn asked if there was any d iscu ssion . The re w as none. Vote results: Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward, Tomasso , Oakley Nays : None Motion carried . Mayor Wolosyn said thank you Harold . 12 . General DlscuHlon (a) Mayor's Choice (i) Mayor Wolosyn said I th ink that whatever Safety Services is doing this 4 th of July seems to be working . It has been very quiet. Director Chris Olson said I am not going to get too many other chances here , but we just got a report today from June 151 until July 111 we have had 73 calla for 1ervice related to fire works violations . We have had officers out Friday and Saturday and we will have them out aga in, obv iously , as best we can , on the 4th of July, but they go on out and on a lot of them we are unable to locate . So , people report that they hear it, they can 't g ive an address and by the time we get there, we ju1t can 't determine where it is at. We definitely have officers out there and , again, the calls for service have been 73 In the last month . Mayor Wolosyn said I did have a message on my machine from a woman who was very upset, because she had called twice that even ing and the aecond call, they told her they went out and couldn't find anyone. She wanted to know why something couldn't be done and I just left her a message saying that you do the right th ing calling and call ing again , so people know the area , but that is really about the extent of what you can do . Director Olson said we are out the re, so if there is somebody actively having a party or someth ing going, we can get out th e re . Mayor W olosyn said thank you and that is all I have except for everybody to have a ha ppy, safe an d re lativ ely quiet 4 1 \ especially all those dog1 and cats . (b) Council Members' Choice (i) Council Member Barrentine : 1 . She said I have to agree with the Mayor . It has been a much quieter year this year, but I have a feeling that it has just as much to do with it being on Wednesday. But I have also heard from a lot of people that they have been better informed , they feel, about what the restrictions are, than they were previously, so I think that has had some impact too . So maybe the combination of both has kind of turned it around a little . 2 . She said I wanted to say thank you to all of the people who interviewed and who were appointed to positions on the Board and Commissions . Without the citizens filling those positions and advocating on the part of the community, we would certainly be at a loss . So , I want to say thank you again for all of the time and effort and energy th t you put in . Thank you . • •••• Englewood City Council July 2, 2007 Page 10 Mayor Wolosyn said before I move on I would like to say, for the public record , congratulations to our D irector of Safety Services who has been appointed to a new position . Director Olson said it is D irector of the Division of Emergency Management for the State of Colorado and it is under the Department of Local Affairs . Mayor Wolosyn said thank you and I just wanted to get that out there . We still have a few weeks to work with you and say goodbye, but you are well appreciated . Director Olson said well thank you and as I said before, it has been a real pleasure working with you . Council Member Barrentine said I don't think you are tooting your own horn enough. This is a position where the Governor appointed you and wanted you to serve in that position , based on the work and service you have done ... not only the 31 years of service that you have done here in Englewood , but certainly your work around the State in various organizations , that you showed that this community could certainly develop a person of that caliber and the State wanted you and the Governor wanted you . So, congratulations . Director Olson said thank you. There was applause. Council Member Barrentine said so toot your own horn just a little more when you get something like that. (ii) Council Member Mccaslin : 1. He said I would like to thank everyone for showing up tonight. I appreciate it, because , as I have sa id the last couple of years , without the citizens of Englewood , Englewood wou ldn't be what it is and I really do appreciate it. 2 . He said I attended the CML Conference last week ... the Colorado Municipal League Conference ... and yo u know it is more of a continuing education program for Council people , Mayors and C ity Managers . I attended various sessions on budget revenue and finding out that we are not the only City that has budget problems, so don't get too worried about it. We are still in pretty good shape . So, I just want everybody to have fa ith in your Council people . I attended worksho~s on transportation ... finding out how bad the State of Colorado is in transportation . We rank 47th and 49 h as far as all the states in the United States , so we have a long way to go , but there is hope . I heard a lot of sess ions and there are a lot of good things coming , so please hang on . I just want to let you know that I really enj oyed it and com ing back , aga in , w ith a renewed interest and vigor to help the C ity of Englewood to become a stronger and a better place to live ... l th ink that is our goal. If you have ch ildren tha t li ve here, if you have parents li ke I do that have been here for 58 years , please stick in there and I am probably p reac h in g t o the c hoir , because you gu ys wouldn 't be here if you d idn't care . I should be p reach ing out si de to get everybo dy to come in here to listen to m e , b ut than k yo u very m uch . A n d th an k you fo r th e opportunity of just coming in and listening to us jabber and try to make the right decisions . Thank you . (iii) Council Member Oakley said nothing in particular other than the gentleman did stick around to see if there would be any comments about the 50 foot lot restrictions on duplexes . I was not on Council at that time that involved those decisions, so if anybody else on Council would like to comment. Mayor Wolosyn said thank you for reminding me . I took these out of my packet. I have two sets of Planning and Zoning minutes that were in our packet that discusses this . Pass it down to Lou and she can give it to you to take and read if you haven't seen them . This is in Planning and Zoning right now, but I will Just comment briefly on a bit of background and then move on . This was enacted after three Boards ... the Council , Board of Adjustment and Appeals and Planning and Zoning ... met and went over the development code . There was a reason for th is nd 1t w s to increase quality and also to encourage single family dwellings . And , as Jim Woodward has said many times, a lot of times a law is made and then it needs to be tinkered with , because you find out that your goal and th way you approached it has unintended consequences . I think there is another previous meeting where Planning and Zoning also discussed th is and you might want to get those minutes . You will see that they are dong a thoughtful , thorough review of this and then Council receives it afterward . I apprec ate your comments nd your pati nee . Thank you . Do get those oth r minutes and thank you for com ng ton ght . M yor Wolo yn id nything I W yn ? Englewood City Council July 2, 2007 Page 11 Council Member Oakley said no, I am just looking forward to seeing how it comes out, because it appears to me that the homes being the way they were for so many years on 50 foot and then to change it after those people already bought those properties, that it does seem kind of like a hardship, but maybe there are other reasons behind it. Mayor Wolosyn said but the properties are currently single family . Council Member Oakley said yes ... but to have the property and think they could some day develop it into a duplex and it had been that way for years, then all of a sudden they find out they can't. Mayor Wolosyn said thank you. (iv) Council Member Tomasso said there were some issues with duplexes ... that the entire front was garages and concrete slabs . Some of the duplexes built, since that time, have been of outstanding quality. The Council has talked about it and looked at it. We also attended conferences on green buildings, the alley lead specifications on buildings, so what we are looking at is the highest standard building practices and quality of housing that we can obtain in this City for the best results. Currently, I just bought a duplex, I'm keeping it as a duplex, but it is also in a part of the block where there is a triplex next to me, a duplex across the street, another house ... and all of a sudden you have no parking on the street. Being able to park in the street is kind of like being up on cap hill where you know, a spot opens and somebody parks in it. So, there are parking issues involved with that density of housing. We are looking at it and we are considering it and even some of the design standards that were in the minutes that we looked at ... they apply. So, every instance is different and needs a different qualification, but making sure that building standards are of the highest quality at a given time, I think is (_ what we are really interested in . (v) Council Member Woodward : 1. He said I also attended the CML Conference with Bob, Gary and Dan and I found it to be a very valuable experience . The classes related to economics and budget situations were exceptional. It was very enlightening to find that numerous cities are in exactly the same position that we find ourselves in right now, except they found themselves in those positions a couple of years ago, prior to us , and have done some studies ... specifically Boulder and Aurora . But, I felt , it was a very valuable conference . I don't think Bob and I missed anything . Every time there was an opportunity for a class, we went to them ... every single time . 2. He said I had on my list tonight to mention the Planning and Zoning minutes , which Olga just provided , regarding the 50 and 60 foot regulation on the lot sizes. I just wanted to compliment P and Z on what they have been doing . In their previous minutes that came to us , I believe it was a month ago, I don't see them looking at architectural standards . They are looking more at development standards . They are being, I think in some ways , creative in doing that. If you are a developer and have bought property, you will not find it as constrictive as you may think . The whole idea of brick facades and that sort of thing , I don't believe came from anybody on Council or P and Z ... that was coming from somebody else . But, I think they are making progress and I feel real confident that we are going to get to a point where people are going to be satisfied with what comes out of that. Part of that came from the northwest area, where there were lots where the duplexes ended up being mostly garages and concrete and no front yards . What they are talking about right now ... 50 foot lots w ith alleys ... are totally different than a 50 foot lot without an alley ... especially when you add in a garage . So, I feel real confident about what's going on there and my compliments to P and Z on the work that they are doing . I was really pleased in seeing that. 3. He said the other item that I wanted to comment on is the Englewood Housing Authority 's request. I know this has kind of been going back and forth for a month or more now, between Englewood Housing Author ity and the City Attorney's Office and the Building Department. .. part of the problem that we are dealing w ith right now, as I understand it, is the entity that will own the property initially ... the partnership . Englewood Hous ng Author ity will b a limited partner, because of the tax credit situation in order to get the tax credits . It will ultimately come b ck to the Englewood Housing Authority , after those tax credits are totally utilized . In the past , I b lieve th t groups assoc iated with the City ... Englewood Housing Authority being on of th m ... w h v w ived our permit nd p n c h ck f I guess I would make a hort term Council R qu t right now , th t w g t much in orm hon w Englewood City Council July 2, 2007 Page 12 can on the permitting and the plan check costs, because this is the information we need to make a decision at our meeting on July 15th regarding the resolution . The plan is , right now, that construction hopefully will start at the end of August on that project. The drawings are getting ready to go into Community Development, I believe , on the 16t\ so I would also ask that we allow those drawings to go in there and begin the process of starting the plan checking by the different departments, prior to the permitting stage . 4. He said regarding Sounds of Summer ... there isn't one this week because of the holiday, but Thursday , July 12'h out in the piazza right outside here, the Stephen Paul Orchestra , big band sounds ... will perform in a free concert. I understand that our initial concert on the 21st was one of the largest crowds that has ever been there . Then on July 19th it is Celtic music, with Skean Dubh ... and that is one that I would sure like to see . So, I Just wanted to put those out there . Thank you . 13 . City Manager's Report (a) City Manager Sears said I had an opportunity to go to the CML Conference and it was a great opportunity that I could attend many of the sessions and also work with a number of colleagues statewide on issues with managers and some Council Members that affect Englewood . It was actually an excellent conference . , (b) City Manager Sears said one of the things that we received when we were there, was that the City of Englewood was recognized as one of the founding members of CIRSA ... Colorado Intergovernmental Risk Sharing Agency .. .from January 1, 1982. We received a plaque recognizing Englewood as being a starting member ... which has really saved the City, with this pool, millions of dollars . It has been a great aHociation . We will have a report on that with the City Council, at an upcoming Study Session, about our insurance and where we are . It was a nice award for us to receive and we are lucky to be part of that pool. (c) City Manager Sears said thanks to Chris for all his hard work . It was kind of a shock . It has been a great experience and we will have an opportunity to say goodbye in a positive fashion and we will certa inly rely on his expertise. (d) City Manager Sears said I just wanted to note that Wednesday is the 41 h of July. I think everybody knows that, but Craig Stovall , in Chris' department, has done an outstanding Job . He has really stepped forward and put together a great team that is really going to make that event spectacular. And again, under Chris ' leadership, I th ink he has made a lot of great things happen in this community, of which this 4th of July will be another one . (e) City Manager Sears said I talked w ith Katie Mendel with the Chamber today . The City does fund a couple of foursomes for golf on Monday, July 161 h . We have a Council meeting that night and it starts at 1 :30 in the afternoon, so it is kind of inconvenient, but I guess that is part of our dues . There were a couple foursomes for that afternoon with the Chamber that are already being paid for . I just want to let Council know that if anyone has an Interest or if Council wanted to have somebody participate , if they are around that afternoon , that there are slots for the City. Mayor Wolosyn said thank you . 14 . City Attorney's Report City Attorney Brotzman d id not have any matters to bring before Council. 15 . Adjournment OSYN MOVED TO ADJOURN . The meeting adjourned at 8:23 p.m. d.~ li .........:;.:::;,=,;;-~--~~-------....J-~--~---~~--------------. i " ; I ! I I I i i From: Sent: To: Cc: rlrdenver@aol.com Wednesday, July 11 , 2007 11 :55 AM Council Audra Kirk Subject: Resgination from KEB Commission Englewood City Council, Regretfully, after only seven months, I must submit my resignation as a member of the KEB Commission. 8a I find that the time I must spend on work-related travel has been increasing such that I cannot reliably devote the time necessary that a fully-contributing Commission member should in order to devote the time necessary to best serve the City and to not place an undue burden on the other Commissioners because of a lack of participation in Commission activities. The nature of this commission is such that time outside the monthly meetings is very important to achieving the goals ofKEB. The City and the citizens of Englewood are very fortunate to have the caliber of Commissioners that currently make up the KEB Commission and I will miss being able to work with these dedicated people. Thank you for electing me to this worthy commission and I apologize for any inconvenience my sudden resignation my cause to you and to the other KEB Commissioners. Respectfully, Ronald L. Rutherford 7/11/2007 t ' ' ' ' : • I I : : ' i i I ' ' ' • ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 16, 2007 9 a i Southgate Supplement No. 162 Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their July 10, 2007 meeting, recommended that Council adopt a Bill for an Ordinance approving Southgate Supplement No. 162. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to approximately 32,000 accounts outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Avenue excluding Highlands Ranch. By contract, the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve . Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owner, Jared and Eileen Slattery, for inclusion of Supplement No. 162 consisting of a parcel totaling 2.1 7 acres into the Southgate Sanitation District. This is in conjunction with a renovation of their residence and they are requesting inclusion into the district for residential use . The property is currently zoned residential and no changes in zoning or use are anticipated. The legal is attac hed as Exhibit "A ". The property is located between Belleview and Orc hard, west of Quebec in Greenwood Village at 7105 East Powers Avenue. FINANCIAL IMPACT None. ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABil..LFOR COUNCIL Bil..L NO. 43 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE APPROVING SUPPLEMENf NO. 162 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WI'IHIN THE DISTRICT BOUNDARIES . WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 2 .17 acres into the District; and WHEREAS, said inclusion is located between Belleview and Orchard, west side of Quebec in Greenwood Village at 7105 East Powers Avenue; and WHEREAS , the zoning of this property in Greenwood Village is Single Family Residential and which is the proposed use of this property; and WHEREAS, said annexation of this parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of this Agreement at its July 10, 2007 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No . 162 , to Connector's Agreement", which includes 2 .17 acres located between Belleview and Orchard, on the west side of Quebec in Greenwood Village, is hereby accepted and approved by the Englewood City Council. A copy of said Agreement is attached hereto as "Exhibit 1" and incorporat ed herein by reference. Section 2 . The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 16111 day of July, 2007 . -1- • ( -------------·-- COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 16, 2007 9 a i Southgate Supplement No. 162 Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their July 10, 2007 meeting, recommended that Council adopt a Bill for an Ordinance approving Southgate Supplement No. 162. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to approximately 32 ,000 accounts outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Avenue excluding Highlands Ranch. By contract, the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve . Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation Distri ct representing the owner, Jared and Eileen Slattery, for inclusion of Supp leme nt No. 162 consisting of a parcel totaling 2.1 7 acres into the Southgate Sanitation District. This is in conjunction with a renovation of their residence and they are requesting inclusion into the district for residential use . The property is currently zoned residential and no changes in zoning or use are anticipated. The legal is attached as Exhibit "A". The property is located between Belleview and Orchard, west of Quebec in Greenwood Village at 7105 East Powers Avenue. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABILLFOR COUNCIL BilL NO. 43 INTRODUCEDBYCOUNCll.. MEMBER~~~~~~ AN ORDINANCE APPROVING SUPPLEMENT NO. 162 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 2.17 acres into the District; and WHEREAS, said inclusion is located between Belleview and Orchard, west side of Quebec in Greenwood Village at 7105 East Powers Avenue; and WHEREAS , the zoning of this property in Greenwood Village is Single Family Residential and which is the proposed use of this property; and WHEREAS, said annexation of this parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of this Agreement at its July 10, 2007 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll.. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l . The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No. 162, to Connector's Agreement", which includes 2 .17 acres located between Belleview and Orchard, on the west side of Quebec in Greenwood Village, is hereby accepted and approved by the Englewood City Council. A copy of said Agreement is attached hereto as "Exhibit 1" and incorporated herein b y r e f erencc. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, C olorado. Introduced, read in full , and passed on first reading on the 16th day of July, 2007 . -1- q,, ~---------------------~-----------------,--~-.... Published as a Bill for an Ordinance on the 20th day of July, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of July, 2007. Loucrishia A. Ellis -2- SUPPLEMENT NO. / G, 2, TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter called the "District," WITNESS ETH: WHEREAS, on the 20th day of June, 1961 , the City and the District entered into an Agreement in which the City agreed to treat sewage originating from the District's sanitary sewer system within the area served by the District, which Agreement was most recently renewed by Connector's Agreement dated November 16, 1988; and WHEREAS, said Connector's Agreement provides that the district may not enlarge its service area without the written consent of the City; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set forth, the parties agree as follows: 1. The City hereby consents to the inclusion of certain additional area located in Arapahoe County, Colorado, owned by Jared and EIieen Slattery and more fully described on Exhibit A attached hereto and incorporated herein by reference, into Southgate Sanitation District. The City agrees that said additional area may be served with the sewer facilities of the District, and that the City will treat the sewage discharged into the City's trunk line from said additional area, all in accordance with the Connector's Agreement dated November 16, 1988. Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated November 16, 1988, is hereby amended to include such additional area. 2. Each and every other provision of the said Connector's Agreement dated November 16, 1988, shall remain unchanged. IN WITNESS WHEREOF, the parties have .set their hands and seals this __ day of __ , 200_. ATTEST: CITY CLERK (SEAL) CITY OF ENGLEWOOD By:------------ MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO By : ~J, ~ PRESIDENT E X H I B I T 1 Exhibit "A" Lot 7, Longview Acres Subdivision, Except the South 15 feet of said Lot conveyed to Arapahoe County for road purposes in deed recorded August 15, 1952 in Book 768 at Page 106, County of Arapahoe, State of Colorado. rlty Title Fil No . 16 ... i I : I... . .. 11 . i I! , , ......... ..). .... . I ·, I / 9 )..,,,,.,.,,;. ""' .. L .. '-...:.:...--..-. .:c.. ;.,11= •.. ::..:::.:...:.:e...ie""-' .. '-... -' ... I I ····1 i T , , • . :/.a~ :...::,. 4<,(.\_-t( '° ·~, ..... _. .. . " t--r--======'=== ~ . ·~!~J"'·· ·~:~ . ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 12, OF THE CITY OF ENGLEWOOD MUNICIPAL CODE 2000, BY ENACTING A NEW CHAPTER 6A, ENTITLED COMPETITIVE CABLE FRANCIIlSE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCIIlSE APPLICATION SUBMITTED PURSUANT TO SECTION 76.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS AND DECLARING AN EMERGENCY. WHEREAS, On December 20, 2006, the Federal Communications Commission ("FCC") adopted a new rule, set forth in a Report and Order and Further Notice of Proposed Rulemaking that was released March 5, 2007, that among other things, provides a separate, nonexclusive process for the issuance of cable franchises for areas currently served by another cable operator (the "Competitive Franchise Application Rule" or "CF AR"); and WHEREAS , the CF AR provides that local franchising authorities may require application information from an applicant for a competitive cable franchise , in addition to the information set forth in the CF AR; and WHEREAS, the City of Englewood has determined that in order to comprehensively evaluate whether or not to grant a competitive cable franchise , it will require certain information from applicants in addition to the information required by the CF AR; and WHEREAS , to ensure compliance with the CF AR, the City of Englewood additionally seeks to codify the process for reviewing applications for competitive cable franchises , and the criteria upon which the final decision of the City of Englewood will be based; and WHEREAS , the appl ication requirements and the processes for application revi ew and detennination set forth in this Ordinance are intended to compl y with the ne w FCC rules while protecting the interests of the City of Englewood; and WHEREAS, timing is of essence because the FCC order is expected to go into effect in July, 2007, thus calling for the immediate preservation of the public property, health, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its fina l pas age; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . The City Council of the City of Englewood, Colorado hereby authorizes amending Title 12 , of the Englewood Municipal Code 2000, by enacting a new Chapter 6A, t read a follow : -1 - 9 bi ~ COMPETITIVE CABLE FRANcmsE APPLICATION; REVIEW AND EVAUIAIJON PRocEss JN coNNECJIQN WUU ANY fRANCfilSE Af PLJCATJQN SUBMITTED PJJRSUANJ IQ SECJIQN 2§,1J OF Jq1,E 12 Pf IDE CQDE OF FEDERAL REGULATION§. 12-§A-J: INSTRUCTIONS. An applicant for a competitive cable franchise <"Applicant"} shall include the requisite information set forth below. in writing. in its franchise application in addition to any infonpation required by 47 CFR §76.41 and applicable state and local Jaws and the application fee set by resolution of the City Council. The City shall accept and review only those applications that include complete responses to every requirement of Section 2. Submission of an application that does not include the requisite information set forth in Section 2 and the application fee shall not commence the time period for granting or denying the application set forth in 47 c.F,R, §76 4Hd} The Applicant shall submit additional or updated information as necessary to ensure the requisite information provided is complete and accurate through§ut the City's review of the application , Applications shall be made to the Office City of Englewood. Colorado -City Manager's Office. Upon request, the City will promptly provide access to docwnents or infonnatioo in its possession or control that are necessary for the completion of this application. provided that the Applicant does not otherwise have access to such documents or information and that such documents or infonnation are subject to disclosw;e under Colorado open records laws . J2-6A-2 : DEfINIJIQN§. For the purpose s of the application. the tenns. phrases. and their derivations set forth below shall have the meanings given unless the context indicates otherwise, When not inconsistent with the context. words used in the pr esent tense include the future tense, words in the plw;al number include the sin gul ar nwnher. and words in the singular include the plw;al number, The word "shall" is always mandatory and not merely directory . "Affiliated Entity " or "Affi{iare" means any entity having ownership or control in common with the Grantee, in whole or in part. including. without limitation. Grantee's Parent Corporations and any subsidiaries or affiliates of such Parent Corporations. "Applicqnf' means an applicant for a cable franchise pursuant to the provisions of the Competitive Franchise Application Rule <"CFAR"} set forth in Part 76 of Title 47 of the Code of Federal Regulations, §76,41, and includes the Parent Corporation. its subsidiaries and Principals. • City" means the City of Englewood. a Colorado Municipal Corporation. -2- "C t f' . 1 · . ed . · 0aJO. 1s notnmt to ma1onty stock ownership. but includes actual working control m whatever manner exercised, "Interes(' includes 9fficers, directo~s and shareholders ownjng five percent <5%} or more of~he Ap~hcant's outstandmg stock or any equivalent voting interest of a partnership or 101nt ventw;e, "P t C · " . l d · · h ar~norpgra{lQn me u es any entity wit ownership or control of the Apphcant, "P . . f'. l d npc100 inc '6es anv nerson, finn, corporation, nartuershin, ioint ventwe, affihat? or other entity ~ or whic~ 0»_1)§ or controls five percent or more of the votmg stock for any equivalent yotmg interest of a partnership or joint yentw;e) of the Applicant, "Re~{at~ry Autb 0?€Y" ~nc~µd~s !'PY governmental or quasi-governmental ~rganiwwn or entity with mnsd 1ct 1on over an or any portion of the Applicant or its operations. 12-24-J; REQUISITE INfQRMAJIQN. ~. Jdentjfication and Ownership Information, Toe application shall include: .L The ~e address, telephone number and web site Of applicable} of the Apphcant and the proposed fr;anchjsee Of different from Applicant}, and The ~~· ~ddress. PWPifY telephone number and primary e-mail address of 3:11 i~dmd~l<s} a¥thonzed to represent the Applicant before the City dunn.g ns cons.1derat 1on of the fr;anchise<s} requested. including the Apphcant's pnmary contact and any additjopal authorized contacts. Business Structure. l. If a corporation, the Applicant shall provide; A .list_ of all 0 (fi~ers and members of the Board of Directors, thejr pnpcipal affihat1ons and their addresses: A certificate of good standing iodicating that the Applicant js licensed to do business in the State of Colorado: and t> s~atemsu ipd,icatjng whether the Applicant is directly or mdirectly controlled by anothq corporation or legal entity , If so, Applicant shall attach an explanatory swement and respond to subsectjons 1,a, and b above concqpjng the controlling corporatjon, -3- If a partnershjp. the An 1 · --p _1cant shall: W Describe the st ---· ructure of the .g.,e,.n.,e~rya,1ol1. ~anWild.l.Jl~irmwt· tt.1edt.f1J2ii!I~~;: 0 ~~art~nership and th · partners: and e mterests of attach an exp! or other legal entitY, If so, th ' v or mduectlY by and h, or 2 anatPIY statement and re e Applicant shall Pntitv.a above, as applicable spo~d to subsections 1 ~· ·-----· concerrung th --:--.a. __ e controlhng State whether the Appli . any comoratjon cant is controlled dired · . Experience. ~- Current Franchises, An A . any 4,ffiliate owns more /phcant shall list an cable sy . Ai>Rllcant shall jnclyde th hBn five nen;ent of the syst ")F m which it or serxe4 llllllll!e! of il!b .g name o( the svstem. add,-em, or ~ system awml, duration /start !° gs, number of homes ,;ft'' cornmunjtjes and oercent w pen , . d end date\ of franchlse ed, date of wtem d • suatlOn ofh I Status Of ate <mdicate date), __ ...mpes oassed as ofconstructjon, most recently available Potential Franch· 1ses AnA · Affiliate currently b · J>phcant shall list co . . franchlse, the renewal ~/0':"1 or infonnal reou:'.,!;\°' ~ u. or anv ownershjp , The Au . 8 JACltise. or the appro mgor an 1wtial application, and AA ohcant shall jnclude tW: val o( • transfer of e of expected action. name of communities, date of Management Structure. Every applicatjon for . . managem ti . -a compehhye fran hi Ao r d'ILJlWJllzationaJ chart i;° se shall include a P ~cant, A sjmilar chart h • spwmg the manage Applicant to an ge 1 :ull also be provided h ment structure of the and 11 h nera partners p s owmg the r l t " -a .. otq sllbsidiaries -' JreDI Cmporatjons -~: saumshjp of the each entity's rclationshin ~f ~arent Corporations. inc3SJd~es, Affiliates o __ e Apphcant . ng a _nef description of I,EGAL QJJAJ,IfICAJIQNS. Media Cross-Ownership. J,. owpgshjp An A { c J;C rules prohjbil cert . ~to 1984, 47U,S C • d " I -_DpJCaDf shall ·-___ alnOrnlS Of ed " I I w.rrectl>: owns · -state whether ·t · -PLIB cross- fi ··---· operates ------L or an Affil · · ---oUowjpg. or whcth, contro)s or has an Int . .1ate direct!>: or business onmf . er the AnPlicant holdl 01 crest m IPl' of the mg iomtly wjth any of the fi nope!ates any company or ---0 .. owmg· ---- Section 613 of th c S533, ___ e _able Comm · · a}. and applicahl F ~mcat10ns Poljcy A f A national broadcas 1 · · NBC. etc.}. t te evlSlon network Csuch as ABC c BS or -4 - c. "'' A teJevmon dance with Sect19? . ce area. or an "" llJIICd m ~ the CU)( s servt.,- ;e:1ans in whole or mt~:erate such a stahon, . Grade B contour. · hose predicted --cc• rules. . . broadcast station >L • 73 ,684 of the f s application fot license hp '" sg-vjce area l hone company w ',.' A telecommuruca. i f the City, s service · fops or teen _ · area. ~ -d V 0( tton O_ -he jncl1us IPL . affinnative. t d c above 18 ---h ature an_ of Sub,ectiOJJ§ a · ~, OT AffiHate, te ~ in If the resoon.se to anv the name of Ibo Apphc'::wianv that is ownw or Anplicant shall state h' or Interest and the . v-lation,. found in violation francluse10 Affiliate has been hi ordirumoe or ·tor any franc se . . 11 state~ 1 . . authoriJv ofanv - 0 Ibo Applieant An Applicant ~ thoritv 0( francltismg _ g a <;able svs&em, If~ , date, name of bv a Regulatozy ~ 0( o;lll!lation goygJ)IP proceeding gwmg t e t. contrac . . dmirustraqve . agre~ t. fy the jud1c1aI or _a. f that proceedmg. shall 1den ' ult or dispos1t10n o tribunal and re · · h a Bw!latro Othe,: Yis>lat1om. £ uru! in violation Y ment, it has heeno . dinance. agree . . An Appljc;ant shall state ~~ lllilitvl o( (rancltj'"iiai'taentifv the jµd1'1al or "t of anv otlunwe ff so. the Applu;am s .b ill !!1111 result or Authon v t or regulation, . h date. name on permit. con~rac eeding. giymg J e 1 WU::iloil!2NS. the ANCJAL m!ilo.... · of En&lewood_on IHA-Si t:W. d IQO ate milable to the cti, orovide audrted h c F nns !OK illl.. · · tin& ~ heets and cas · A u:.'ill.ia{ase. Annli!Oi!lls we!;~, oOneOJDG, \':!":!.sanding of the ~-·ncludmgL WVtO--. dapv finaru:ial s~~ with anv notes or:,,. fw the Appbc;ant an flow statements. to fioc the last three fisca -. l t tements ------ti financ1a SA. . · eetions ru Comorat\OP , "d ro fonna 0(0)_ Parent · · , shall orovu !L I three fiscal Cstart-up} eouue _ -minimum the nex _ --Appljcants that are ne'rs if available. but at a n . ti e fiscal yea ' 1· t 'on "' the nexty__ f the aovcu · from the date o_ -vears -5 - J2-6A-6: TECHNICAL OUAIJFICAJIQNS, PLANNED SERVICES AND QPERAJIQNS. ~- IJ. ~- · A r t • planned initial and proposed cable The appljcation s~an desc_nhe t~e J>P 1£iMlf s n areas proposed to be served and services geographic are~, mclud~~! t~ :!'h0ar:a, The application shall pro?8sed dates for offeong :eT plicant proposes to provide cable services to the add1t10nally ~tate whether_t e J? ed fmetable for meeting that goal: entire franchise area, and if so, a propos · · h ·t t access the public right of way If the Applic~~ ~as or asserts ex1st1~g aµt o;li:tedin Section 5,A above, the in any of the imtial or propo~~ sem1e w:t~atv or asserted authority and attach Appljcant shall state the bas1sor sue_ alL ______ f h thority: the relevant agreements or other documentat10n o sue The Applicant ~hall de~cribe with ~articu~:;:~1~1==~~~i!~7c~!fers, services inclµdmg basic cab~e semces, o 4 digital services: and the and any additional pay-per-Vlew, on=?eman o~ . projected rates for each category or tier or serytce, . · h · 1 ·wits planned system technical The Applicant shall descnbe wtt partic~ an d peed provisjon for analog or · t and downstream capacity an _ s ___ , ---·-Id design, uosream . .h · f fiber planned count of househo s digital ~gyi 7es or packages, distnJ"J~~at[on ~ecessary to demonstrate that the per res1dem 1al node, and ~Y ot~e 1 ed s to he able to successfully off er Applicant's technology will be _eo.pv-:-so a cable services in the proposed locat10ns, The Applicant shall describe with particularity its planned non-residential cable services: . ·h · 1 ed construction and extensjon or phase . The Apphcant shall des~n e 11~ P ann . 1 r policy; and descghe schedule. as applicable, mclµ?mg ffeYS\9P _extens10n p ::; mangements wjth area the current sta1¥s of the App~ant s exis}f 8 r°;:n~! sharing agreements as utilities, includmg pole attac ents, yaµ ' o . applicable: · · 1 that the safety: functioning and The Applicant shall descnbe m P W? 10 ens~e af etv of other persons will not be f ertv · and convenience an_ s ___ --------T · appearance O prop , ~~ 1 r n of the Appljcant's facuues : adversely affected by the mst~nauon or cons ~J 'foe any damages caused by the and that property owners are 1ustly compensa r: Tr . · · removal of theac1 installation, construct1on, onerat1on or · · 1 Iv with the subscriber privacy The A~plicant shall 9escf~ f~\8f5 1f :SIDfhc privacy protections of the Cjty 's protect10ns set forth m 4-. _,_,_, ---- local cable customer semce standards , -6- . AFFIDAVIT OF AffUCANJ. 12-!iA-Z, . . ronn . b an affidavit sµbstant1ally m the Each application shall be accomparued Y set forth below: tl-(i A-fl ; . . . . ed by the undersigned, who_has This apphcat 10o is sµbm1tt h epresentations within on h · edtomakeLer been duly aut ogz~ d Jio certifies the behalf of the Apphcant, an w · are true and correct, representat 10ns . . . an representations are hmdmg Jhe Applicant rec_o~1zes that . ttnents are enforceable: and on it: that an apphcaqon coi_mru · ssions or failw;e to · · entat10ns or Omt 1 • f that mategal wsrenres · v result in a demal 0 adhere to any such repr~sentat10n ma an application by the City. 1 "th all applicable local laws . The Applicant shall comp x wi . . he City and its representati~es to consent is hereby given to 1 har t technical, financial . th leiral c~er, make inquiry 1 ~ 0 ~ef the Applicant by contacting any and other auahfi~ati?ns O ed herein as references, or by persons or organ1~1ons nam any other appropnate means . r t 's Authorized Representative : Name of App 1can Affiant ' s Signature : Official Position : pate ; STATE OF CQWRADQ COUNTY OF Subscribed and sworn to before me this ,200 I day of HAND AND OFFICIAL SEAL , WITNESS MX . . I Mv Coromiss1on exo1res, NOTARY PUBLIC OPEN RE CORp 5tc 9NfIDENT1A1 ,iIX , -7- Unless otherwise provided by law. jnformatjon submitted as part of an appljcatjon is open to pµbljc inspection and subject to the Colorado Open Records Act. It is the Applicant's responsibility to be familjar with the Colorado Open Records Act. An Appljcant may snecifiglly identify any infonnation it considers proprietary, In the event that the City receives a request from another party to disclose any inf onnation which the Appljcant has deemed proprietary. the City will tender to the Appljcant the defense of any request to compel disclosure, By submitting information which the Appljcant deems proprietary or otherwise exempt from disclosure. the Applicant agrees to defend and hold harmless the City from any clairo for disclosure including but not limited to any expenses including out:9f-poc1cet costs and attorneys' fees. as well as any judgment entered against the City for the attorney fees of the party requesting disclosure, 12-6A-9; APPLICATION FEE. The City shall. by resolution, set an appljcation fee sufficient to coyer the reasonable cost of processing appljcations under this ordinance. J2-6A-JQ; REVIEW fRQCEss. ~ Acceptance of Appljcation . l. i Within five C s l business days of receipt of an application. the City shall review the appljcation to ensw;e all requisite information is included in the application. If the appljcation is not complete the City will notify the Appljcant in writing ljsting the requisite information that is required to complete the appljcation and notifying the Applicant that the time period for granting or denying the appljgtjon set forth in iZ c,F,R, § Z§,4Hd} will not begin to run until such information is received. If the appljgtion is complete, the City will notify the Appljcant io writing that all requisite information has been received. -s- ~-Staff Review. The City staff shall review all completed applications based on the review criteria set forth herein. If, during the review of an application, staff reasonably requires additional information from the Applicant, staff will promptly request the infonnation from the Applicant, in writing, along with a notification that the time period for granting or denying the application set forth in 47 C.F.R, § 76,4}(d} will be tolled until such infonnation is received by the City. After completing the review, staff shall provide an analysis of the application to the City Council. Ci Franchise Negotiations. Within the time period set forth in 47 C.F.R. § 76.41 <d), the City shall attempt to negotiate a cable franchise agreement with the applicant, and within that time period, schedule the application and any proposed franchise for public hearing as set forth in Section 10. Public Hearing. The City shall hold a public hearing before acting on the application, affording participants a process substantially equivalent to that required by 47 u.s.c. §546(c)(2} governing renewal of cable franchises. Review Criteria. The City may deny an application if, based on the information provided in the application, at the public hearing and/or any terms of a proposed franchise agreement: l. The Applicant does not have the financial, technical or legal qualifications to provide cable service: ~ The Applicant will not provide adequate publjc, educational, and governmental access channel capacity. facilities, or financial support: or .l. The Applicant's proposed terms do not comply with applicable federal, state and local laws and regulations includin g but not limited to, local customer service standards, or relevant existing contractual obligations of the City . J2-6A-J J: NQN-CfAR fRANCQ)5E Af PLICAJIQN5, Notwithstanding any other provisions of thjs ordinance, any competjtjye cable seryjces franchjse applicant may elect to submit a cable franchise applicatjon to the Cjty and/or engage in cable franchjse negotiations wjthout regard to the application of the FCC CFAR, In such cases, the City wjH negotiate the terms of a competjtjye cable franchise without regard to 47 CFR §76 ,41 and the other oroyisjons of this ordjnance. Agreement by any applicant to negotiate a franchjse without regard to 47 CFR §76 .4 1 and the other proyisjons of this ordjnance shall not be deemed by the City to effect a wajyer of any appljcant's right under applicable law to trigger appljcatjon of 47 CFR §76,41 and this . . -9- ------------ Section 2 . Emergency. The adoption of this ordinance is hereby determined and declared to be an emergency due to the fact that the FCC CF AR regarding timing for consideration of competitive franchise applications, including information to be provided pursuant to such applications will be effective upon approval of federal application forms by the Office of Management and Budget, expected by July, 2007 , and therefore, it is necessary for the preservation of public property, health, peace and safety that the status quo will be preserved pending publication of the ordinance. This ordinance shall be in full force and effect upon its passage by the City Council. Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances . Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6 . Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal , which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions , suits, proceedings, and prosecutions for the enforc ement of the penalty, forfeiture , or liability, as well a s for the purpose of su staining any judgment, decree, or order which can or may b e rendered, ent er ed, or made in su ch actions, suit s, proceedings, or prosecutions. Section 7 . Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Section 8 . Effective Date. The Ordinance shall be effective immediately after final adoption. Section 9. Repealer. All ordinances, or parts thereof, inconsistent or in conflict herewith are hereby repealed to the extent only of such inconsistency or conflict . Introduced as an emergency ordinance, read in full, and passed on first reading on the 2nd day of July, 2007. -10- Published as an emergency Bill for an Ordinance on the 6th day of July, 2007. Read by title and passed on final reading as an Emergency Ordinance on the 16th day of July, 2007. Published by title as Emergency Ordinance No.__, Series of 2007, on the 20th day of July, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Emergency Ordinance passed on final reading and published by title as Ordinance No. , Series of 2007 . Loucrishia A. Ellis -11- .... Qwest: 2 Spirit of Service July 16, 2007 Qwest 1005 17~ Street , Suite 200 Denver, Colorado 80202 Phone 303 896-4300 Facsimile 303 896-0237 PCS 720·260-0799 Charles L. Ward President Qwest • Colorado I JUL 2 O 2007 L__ ____ --·· I, . •· --··· ··---·----· . Via Hand Delivery and U.S. Mail City of Englewood Attn: Mayor Olga Wolosyn Attn: City Council 1000 Englewood Parkway Englewood, CO 80110-2373 Re: Council Bill No. 39 , an Emergency Bill for an Ordinance Adopting a Competitive Cable Franchise Application, Review and Evaluation Process Being Considered at the July 16 , 2007 City Council Meeting Dear Mayor and Council Members: I am writing this letter on behalf of Qwest Broadband Services, Inc. ("Qwest") to express our opposition to the proposed Ordinance Adopting a Competitive Cable Application, Review and Evaluation Process ("Ordinance"). This Ordinance seems designed to obstruct the process laid out in the FCC's Order by imposing additional requirements on an applicant exercising that option. The ultimate effect will be to limit competition , thereby denying consumers the benefits of lower prices and better services. This cannot be good for the citizens of Englewood. We would respectfully request that the Council reject the Ordinance . We hope the City adopts a position favoring and encouraging competition. Very truly yours, ~~~ Charles L. Ward Qwest President -Colorado COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 16, 2007 11 a i Duncan Park -Contract for Deed Initiated By: Staff Source: Parks and Recreation Department Jerrell Black, Director of Parks and Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 35, Series of 1978 -Intergovernmental Agreement between the City of Englewood and Englewood Schools for the lease of Duncan School property for park and recreational purposes. Ordinance No. 30, Series of 1984 -Intergovernmental Agreement between the City of Englewood and Englewood Schools that returned control of the former school building to the Englewood School District. RECOMMENDED ACTION Staff recommends that City Council adopt a Bill for an Ordinance authorizing a Contract for Deed for the purchase of Duncan Park located at 4846 South Pennsylvania Street between the City of Englewood and Arapahoe County School District No. 1 (Englewood Schools). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and the Englewood Schools entered into a lease agreement for the former Dunca n School property on November 6, 1978. The lease included both the former sc hool building and th e property. On August 22, 1984 that agreement was amended to return th e building back t o th e schoo l district. Since 1984, the sc hool district has leased th e building to various user groups. After the City of Eng lewood received the property in 1978, the site was renamed Duncan Park and added to the curren t inventory list of park locations. Duncan Park is the only park located in the sou th eas t quadrant of the City. In 2006 the Englewood School Board voted to close Flood Middle School and to sell the Duncan Park property. The City of Englewood and the Eng l ewood Schools negotiated an agreement to sell the Duncan Park property to th e City of Englewood. The attached Contract for Deed agreement forma li z s th e t erms and con ditions for the purchase of the property. The Contract for Deed id ntifi s Dece mber 31, 2010 as the final date for payment. hool Distri c t will retain co ntrol/own rship of the building through the year 20 10. The City wi ll r ponsible for th e removal of the building upon finaliz tion of th e purchase. FINANCIAL IMPACT The total purchase price for the property is $1 ,200,000. The agreement allows for the City to seek grant funding to assist in the acquisition costs. Currently, the City has received a grant from Arapahoe County Open Space in the amount of $250,000. Staff will be applying for a grant from Great Outdoors Colorado later this year. The 2007 Open Space Fund Budget has $200,000 appropriated for land acquisition. Arapahoe County Open Space Share Back Funds can also be used for land acquisition . LIST OF ATTACHMENTS Arapahoe County Open Space Letter Bill for an Ordinance , (_ Arapahoe ~~~~.?!,Y, Bo a rd of Co u n t y Co mm iss ion <.'r s .lun e 7, 2007 .,.1,.'',·f S1.1u th Pr inL1.: ~lh:\.'l Ut :k11.,n . i::1..,ll.1r ~1 du 80 1 t1(1 ·:JLI Ui l 1l·.:.,1h·: Ju:. 7•l;)--:n ),.) !·.i x: .~,t:.1-·;.'.~-78 ·1 ·~ C ity of Englewood .1 ·1:·1\'.l·c.1 1.·,1;1 1d ,'l11.: .• :r.11., ~·, m:mf . .:.,;h 1nt·r,·@·ct'.t?' 17:1,1/.',1,·. ~-1~. us 1000 E n g lewoo d Parkw~1y Englewoo d , C O 801 1 0 .R e : 20 0 7 Ara pah oe Co unt y Ope n S pace P rogram G rant /\wards Dea r C ity o f Eng lew o od , Co ng rat ulati o n s! Th e Arapahoe Cou nt y Boa rd or Coun ty Commission ers is very pleased to be ab le to awar<l to the C ity of Engl ewoo d an /\rnpahoe County O[)L'll Spa et.: gra nt in th e a mount o f S250,000 for th e D1111 c 1111 Park Acq11i s itio11 proj ec t. T he g rant f'u ncts wi ll be dist r ibuted 10 yo u upon th e exec ution of an Inte rgovernme ntal Agreemen t (''JG;\") betwee n the City of Englewood and Arapahoe Co un ty. The JGA , whic h ha s bee n prepared by the County Allorncy's Of'li c c. has been rorv,:ardcd to your a tt orney along with a wire t ransre r/c hcck a uthori 1.ation rorm. ,-\s Sl)O n as yo ur governin g bo dy and /o r auth ori zed o(1i<.:ia l h as approved, executed a nd re turned t he !GA to th e Count y A ll o m cy 's Office , wi th the ,v ir e transferich ec k a utho rizatio n, the gran t f unds wi ll b e di s bu rsed. Plea s e con tact An drea Wern . Arapahoe Coun ty Sales Tax Ana lyst , at 303-795 -457 1 if you have qu es tio ns or con cerns abou t the wire trnn sf'e r or ch ec k. · T he gran t funds mu st he spe nt on th e proje ct in the mann er describ ed in yo ur applicatio n as we ll as in accordanc e w ith the Arapahoe (\.rnnty O pen Space Saks and Use Tax Resolution Number 0 303~1 and the (irant IG;\. If yo u have an y qu estio ns reg ard in g th e use of th ese runcl s. plea se con t.ic t l3oh T11 ll. Arapahoe County Op en Space ManagL:r, a t 7 20-8 7-+-6 72 5. We look forward to SL'L'i 11g your <.:o nst i tll t'nts ;111d l,tltL'rs enjl'Y the hrndit s of the D1111ca11 Purl, Ac:q11hiitio11 project. \\'c can thank all the Arapahoe County voters for a pproving th e Open Spm·c Program in ·o\'c mbcr of 2003. Sincc/J ,J/ /,J J4 F1a11 l-. ,Z:'· ~ 'hair Uo ard o r C'o1111 t C'ummi s mni:r s \tt • lll\ l1h .. , .. 1q~ ,,1"1,1,ll\,1 1h'111,1i:h,,,,pl,1n .. l,:-.ll\ .. •f\,'' ,:\"h\.1 ."l1.,t..,11t,•,"lll -.•,1 ,1,1 I SU~:\'.\. la t.:1,.\1 \:~ L11, ·1:1.: I 11:,1 rn rn il13',,d ~ l{1.1l 1 1,U(l,T:'-.l l'I I J i. '1...::n i:r ~ 11.\I NOl)~,\t ~ 11. ,/.'JC/ '1 I - • ( ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER ------- ABILLFOR AN ORDINANCE AUTHORIZING THE "CONTRACT FOR DEED" FOR THE PURCHASE OF DUNCAN PARK LOCATED AT 4846 SOUTH PENNSYLVANIA STREET BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNTY SCHOOL DISTRICT NO . 1. WHEREAS, in 2006 the Englewood School Board voted to sell the Duncan Park property; and WHEREAS, Duncan Park is the only Park located in the Southeast quadrant of the City of Englewood; and WHEREAS, the Englewood City Council negotiated an agreement with the Englewood School District for the City's purchase of Duncan Park; and WHEREAS , the City intends to acquire this property with monies received as grants from Arapahoe County Open Space and Great Outdoors Colorado; and WHEREAS , under the "Contract For Deed" the Englewood School District will retain control and ownership of the Duncan School building through the year 20 IO ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The "Contract For Deed" between Arapahoe County School Di strict No . 1 and the City o f Englewood, Colorado for the purchase of Duncan Park , attached as "Exhibit 1 ", is he r eby accepted and approved by th e Englewood Ci ty Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "Contract For Deed" for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 16th day of July, 2007. Published as a Bill for an Ordinance on the 20th day of July, 2007 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of July, 2007. Loucrishia A. Ellis CONTRACT FOR DEED THIS DAY this Contract For Deed, hereinafter referred to as the "Contract", is entered into by and between ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1, of 4101 South Bannock Street, Englewood, Colorado 80110, County of Arapahoe, hereinafter referred to as "SELLER", and THE CITY OF ENGLEWOOD, of 1000 Englewood Parkway, Englewood, Colorado 80110, hereinafter referred to as "PURCHASER", on the terms and conditions and for the purposes hereinafter set forth: 1. SALE OF PROPERTY For and in consideration of the payments and other valuable considerations set forth herein, the receipt and sufficiency of which is hereby acknowledged, Seller does hereby agree to convey, sell, assign, transfer and set over unto Purchaser, the following property situated in Arapahoe County, State of Colorado, said property being described as follows: Consisting of Lots, 1, 2, 3, 4, 5, 6, 7, 8, 9, 28, 29, 30, 31, 32, 33, 34, 35 and 36 Block 1, Harper Subdivision; As shown on attached Exhibit A, and referred to in this Contract as the "Property"; also known as : Duncan Park 4846 South Pennsylvania Street Englewood, Colorado 80113 together with all interests of Seller, all improvements thereon and all attached fixtures thereon; SUBJECT TO all recorded easements, rights-of-way, conditions, encumbrances and limitations and to all applicable building and use restrictions, zoning laws and ordinances , if any, affecting the Property. 2. PRIOR TO EXECUTION Evidt:rn.:e of Tille: a . Evidence of Title. On or before the execution of this Contract, Seller shall cause to be furnished to Purchaser, at Seller's expense, a current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the Purchase Price. At Sell er's expense, Seller shall cause the title insurance policy to be issued and delivered to Purchaser at the execution of this Contract. If a title insurance commitment is furnished, it shall commit to delete or insure over the standard exceptions which relate to : (I) (2) (3) parties in possession, unre orded ea ements, urvey matters , -1 - E X Fi I B I T 1 ( 4) any unrecorded mechanics' liens, (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. b. Copies of Exceptions. On or before the execution of this Contract, Seller, at Seller's expense, shall furnish to Purchaser, (1) a copy of any plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) copies of any other documents ( or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions). This requirement shall pertain only to documents shown of record in the office of the clerk and recorder in the county where the Property is located. The abstract or title insurance commitment, together with any copies or summaries of such documents furnished pursuant to this section, constitute the title documents ("Title Documents"). Title and Survey Review: a. Title Review. Purchaser shall have the right to inspect the Title Documents. Written notice by Purchaser of unmerchantability oftitle, form or content of Title Commitment or of any other unsatisfactory title condition shown by the Title Documents, shall be signed by or on behalf of Purchaser and delivered to Seller within 14 calendar days after receipt by Purchaser of the Title Documents or endorsement to the Title Commitment. If Seller does not receive Purchaser's notice by the date specified above, Purchaser accepts the condition of title as disclosed by the Title Documents as satisfactory. Purchaser shall have 14 calendar days after receipt of any changes to the Title Documents to give notice of any unsatisfactory title condition to the Seller. b . Matters Not Shown by the Public Records . Seller shall deliver to Purchaser, on or before the execution of the Contract, true copies of all leases and surveys in Seller 's possessio n pertaining to the Property and shall disclose to Purchaser all easements, li ens (including, without limitation, governmental improvements approved, but not yet installed) or other titl e matters (including, without limitation, rights of first refusal and options) not shown by the public records of which Seller has actual knowledge. Purchaser shall have the right to inspect the Property to investigate if any third party has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection, shall be signed by or on behalf of Purchaser and delivered to Seller within 14 calendar days of Seller's inspection . If Seller does not receive Purchaser's notice by said date, Purchaser accepts title subject to such rights, if any, of third parties of which Purcha er has actual knowledge. -2- --~--------- c. Survey Review and Conditions on Survey. Seller shall obtain a new survey and Purchaser shall have the right to inspect the Survey. If written notice by or on behalf of Purchaser of any unsatisfactory condition shown by the Survey, is received by Seller within 14 days ofreceipt of Survey, then such objection shall be deemed an unsatisfactory title condition. If Seller does not receive Purchaser's notice, Purchaser accepts the Survey as satisfactory. d. Right to Object, Cure. If Seller receives notice ofunmerchantability of title or any other unsatisfactory title condition or commitment terms, Seller shall use reasonable efforts to correct said items and bear the expense to correct the same prior to Closing. If such unsatisfactory title condition is not corrected to Purchaser's satisfaction, this Contract shall terminate; provided, however, Purchaser may, by written notice received by Seller on or before Closing, waive objection to such items. 3. PURCHASE PRICE AND TERMS The purchase price of the Property shall be $1,200,000.00. The Purchaser does hereby agree to pay to the order of the Seller the sum of not less than $266,667 .00 Dollars upon execution of this Contract, with the balance of $933,333.00 being due and payable on or before December 31, 2010 . Amounts received by the City as grants for this purchase from Arapahoe County Open Space and Great Outdoors Colorado ("GOCO") shall be paid in installments when received . 4. DEED AND EVIDENCE OF TITLE At the time of the execution of this Contract and payment of$266,667 .00, a general warranty deed to Lots 1, 36, 2 and 35 as shown on Exhibit A shall be given to the C it y of Englewood. Upon each additional payment of $66,667 .00, a general warranty deed for an additional lot shall be given to the Purchaser. Payment for the lots shall be applied in the following order: Lots 9, 28, 8, 29, 7, 30 , 6 and 31. The final payment of $39 9 ,997 .00 mad e shall be for Lots 3, 34 , 4 , 33 , 5, and 32. Payments on lots may be ma d e at an y t ime. Each conveyance shall be free and cl ear of any liens or encumbrances. 5. D EFAULT If the Purchaser shall fail to perfom1 any of the covenants or conditions ontained in this Contract on or before the date on which the perfonnance is required, the Seller shall give Purchaser notice of defa ult or performance, stating th e Purchaser is allowed 14 days from the date of the Notice to cure the default or perfonnance. In the event the default or failure of performance is not cured within the 14 day time period, then Seller shall give the Purchaser a written notice specifying the failure to cure the default and infomung the Purchaser that if the default continues for a period of an additional 15 days after service of the notice of failure to cure, that without fu1ther notice, tlus ontract shall stand cancelled and those Jots that have not been deeded shall remain with the Seller and the Seller may, at its sole discretion, repurchase any Jots -3- previously deeded by the Seller to the Purchaser in the amount of $66,667.00 for each lot, free and clear of all liens and encumbrances. 6. SECURITY This Contract shall stand as security of the payment of the obligations of Purchaser. 7. MAINTENANCE OF IMPROVEMENTS The Seller shall maintain and be responsible for the building currently housing All Souls School located on the Property through and up to the time of the last payment pursuant to Sections 3 and 4. Prior to the conveyance of Lots 3, 34, 4, 33, 5 and 32, the Seller shall terminate any lease with any tenant(s) on the Property. The Seller shall be entitled to all rents collected from such tenant(s). Purchaser shall not commit, or suffer any other person to commit, any waste or damage to said premises or the appurtenances and shall keep the premises and all improvements in as good condition as they are now. 8. CONDITION OF IMPROVEMENTS Purchaser agrees that the Seller has not made, nor makes any representations or warranties as to the condition of the premises, the condition of the buildings, appurtenances and fixtures located thereon, and/or the location of the boundaries. Purchaser accepts the Property in its "as-is" condition without warranty of any kind. Walk-Through and Verification of Condition: Purchaser, upon reasonable notice, shall have the right to walk through each lot of the Property prior to execution of this Contract to verify that the physical condition of the Property and inclusions comply with this Contract. Purchaser shall also be entitled to perform such envirorunental tests it d eem s necessary during the term of this Contract to obtain grants for the purchase of the Property. And, if the cost to cure any envirorunental contamination exceeds $100,000 .00 U .S ., the Purchaser shall have the right to terminate this Contract without further obligation. 9. POSSESSION OF PROPERTY Purchaser shall take possession of the Lots on the Property as they are purchased and paid for under this Contract, and shall continue in the peaceful enjoyment of th e Property so long as all payments due under the terms of this Contract are timely made. Purchaser agrees to keep the Property in a good state of repair and in the event of tcnninati on of thi s Contract. 10. NOTICES All notices required hereunder shall be deemed to have been made when deposited in the U. S . Mail, postage prepaid, certified, and returns receipt requested, to the Purchaser or Seller at the addresses listed below. All notices required hereunder may he sent to: Seller: Arapahoe County School District No. 1 (Attention: Superintendent) 4101 South Bannock Street Englewood, Colorado 80110 Purchaser: The City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 County of Arapahoe and when mailed, postage prepaid, to said address, shall be binding and conclusively presumed to be served upon said parties respectively. 11. ASSIGNMENT OR SALE Purchaser shall not sell, assign, transfer or convey any interest in the subject Property or this Contract, without first securing the written consent of the Seller. 12. PREPAYMENT Purchaser to have the right to prepay, without penalty, the whole or any part of the b a lance remaining unpai d on this Contract at any time before December 31, 201 0 . 13. ENTIRE AGREEMENT This Contract constitutes the entire contract between the patties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. This Contract shall supersede all previous agreements related to this property. 14. AMENDMENT -WAIVERS This Contract shall not be modified or amended except by an instrument in writing igned by all parties . -5- No delay or failure on the part of any party hereto in exercising any right, power or privilege under this Contract or under any other documents furnished in connection with or pursuant to this Contract shall impair any such right, power or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power or privilege shall preclude the further exercise of such right, power or privilege, or the exercise of any other right, power or privilege. No waiver shall be valid against any party hereto unless made in writing and signed by the party against whom enforcement of such waiver is sought and then only to the extent expressly specified therein. 15. SEVERABILITY If any one or more of the provisions contained in this Contract shall be held illegal or unenforceable by a court, no other provisions shall be affected by this holding. The parties intend that in the event one or more provisions of this Contract are declared invalid or unenforceable, the remaining provisions shall remain enforceable and this Contract shall be interpreted by a Court in favor of survival of all remaining provisions . 16. HEADINGS Section headings contained in this Contract are inserted for convenience of reference only, shall not be deemed to be a part of this Contract for any purpose, and shall not in any way define or affect the meaning, construction or scope of any of the provisions hereof. 17. PRONOUNS All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require . As used in this Contract: (1) words of the masculine gender sha ll mean and include corresponding neuter words or words of the feminine gender, (2) words in the singular shall mean and include the plural and vice versa , and (3) the word "may" gives sole discretion without any obligation to take any action. 18 . OTHER PROVISIONS Choice of Law: This ontract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Alternate Di pute Re elution: ln the event of any dispute or claim arising under or related to this ontract, the parties shall use their best effort to ettle uch dispute or claim through go d faith negotiation with each other. If such di pute or claim i not ettled throu h negotiation within 30 days after the earlie t date n which one party notifie the ther party in writin fit de ire to attempt to re. olv u h di put r cl im through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado . Such mediation shall be conducted within 60 days following either party's written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Arapahoe County. WITNESS THE SIGN A TURES of the Parties this the __ day of ------' 20 __ . SELLER: Arapahoe County School District No. l 4101 South Bannock Street Englewoo Colorado 80110 ATTEST: Secretary ST ATE OF COLORADO ) COUNTY OF ARAPAHOE ) PURCHASER: The City of Englewood l 000 Englewood Parkway Englewood, Colorado 80110 By: _______ _ The foregoing instrument was acknowledged before me this ____ _ __ _, 200 _ by Karen Miller, as President and attested to by Heather Hunt, as Secretary, of Arapahoe County School District No . 1. Notary Public P r in te d N ame:------------- My comm iss io n expi res : -7- STATE OF COLORADO ) COUNTYOFARAPAHOE ) The foregoing instrument was acknowledged before me this ___ _ ___ , 200_ by Olga Wolosyn, as Mayor of the City of Englewood, Colorado . Notary Public Printed Name:------------- My commission expires : Seller(s) Name and Address Purchaser( s) Name and Address Name: Arapahoe County School District No. 1 Name: City of Englewood Address: 4101 South Bannock Street Address: 1000 Englewood Parkway City: Englewood City: Englewood State: CO Zip: 80110 State: CO Zip: 80110 Phone:303-761-7050 Phone: 303 762-2320 _J 1---------- <! . """ z q > ...I >- U') z z w Q. --------·- -·-----·- · 11 A I GO Exhibit A Dunc n P r L nd Tr n r r LAYTON Lot 1 Lot 36 Lot 2 Lot 35 Lot 5 Lot 32 Lot 6 Lot 31 Lot 7 Lot 30 Lot 8 Lot 29 Lot 9 Lot 28 Ha rpc r bdivi i n ..J er: q w Q. SCAL : 1 inch • 80 f t OAT : March 7, 2007 ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X, PART I, SECTION 94 "Appropriations to lapse", OF THE ENGLEWOOD HOME RULE CHARTER. WHEREAS, Article X, Part I, Section 94, of the Englewood Home Rule Charter addresses when appropriations lapse; and WHEREAS, all appropriations lapse at the end of the budget year; and WHEREAS, Article X, Part I, Section 96, provides that appropriations to the Public Improvement Fund, for construction of pennanent improvements, shall not lapse until the project has been accomplished or abandoned; and WHEREAS , the City of Englewood has created additional funds which are also used for pennanent improvements and if the many pennanent improvement projects are not completed by the end of the fiscal year the appropriations lapse and Council must take action to re-appropriate the funds; and WHEREAS, the passage of this ordinance will amend Article X, Part I, Section 94, of the Englewood Home Rule Charter to recognize these additional capital funds which will allow for continuing appropriations for the appropriate funds and provides Council the flexibility to add another fund if another fund is needed in the future; and WHEREAS , the proposed changes to the current language in the Englewood Home Rule Charter are as follows : 94: Appropriations to lapse . Any annual appropriation or any portion thereof remaining unexpended and unencumbered at the close of the budget year shall lapse and revert to the General Fund ; er te a speeial fl:tREI , as CeYAeil Rl&Y Elireet : except for appropriations for construction or maintenance ofpennanent improvements from the Public Improvement Fund or other such funds designated by City Council which shall not lapse until the purpose for which the appropriation was made shall have been accompljshed or abandoned as provided in Article x, Part I, Section 2§ of the Englewood Home Rule Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO THAT: -1- 11 bi Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 6 , 2007, a proposed amendment to the Charter of the City of Englewood, Article X, Part I, Section 94, to read as follows : Question No. __ Shall the Home Rule Charter of the City of Englewood, Article X , Part I, Section 94, be amended to read as follows : ARTICLEX FINANCE ADMINISTRATION PART I. BUDGET 94: Appropriations to lapse. Any annual appropriation or any portion thereof remaining unexpended and unencumbered at the close of the budget year shall lapse and revert to the General Fund; except for appropriations for construction or maintenance of permanent improvements from the Public Improvement Fund or other such funds designated by City Council which shall not lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned as provi ded in Article X , Part I, Section 96 of the Englewood Home Rule Charter. ___ Yes ___ No Section 2 . Each registered elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the votin g machine or by the appropriate marking upon paper ballots where used. Section 3 . T he proper officials of the City of Englewood shall give notice of said next scheduled municipal election, su ch notice shall be published in the manner and for the length of time required by Jaw, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by Jaw . Section 4 . Only if the question is approved by the registered electors of the City of Englewood shall the Section be amended and the Charter, as amended, certified to the Secretary of State . Sect ion 5. For purposes of Section 1-11-203.5, C .R .S., this Ordinance shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question i set by the City Council on final reading of this Ordinance. -2- Section 61 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 2nd day of July, 2007 . Published as a Bill for an Ordinance on the 6th day of July, 2007 . Read by title and passed on final reading on the 16th day of July, 2007 . Published by title as Ordinance No. __, Series of 2007, on the 20th day of July 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2007 . Loucrishia A. Ellis -3- - ( ' ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CnY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X, PART IV, SECTION 117 "Sales", OF THE ENGLEWOOD HOME RULE CHARTER. WHEREAS, Article X, Part IV, Section 117, of the Englewood Home Rule Charter requires the City to "advertise for bids to dispose of any surplus, junk, or articles of value no longer of use to the City."; and WHEREAS, the City currently stores and attempts to sell property even when it is known that the property has no value and could be disposed of and not waste time and efforts in a futile attempt to sell the items; and WHEREAS, the proposed amendment allows the purchasing officer some flexibility in determining the advertising methodology that is most advantageous to the City; and WHEREAS, the following depicts the changes to the current language in the Englewood Home Rule Charter are as follows: 117: Prpecrty sales. The purchasing officer shall detegpjne the value of surplus jtcms no long er of use to the Cjty. Articles wjthoµt value may be djsposed of in a manner mo st adyantfgeous to the City. ae•,seflise fer hi.te te mspese ef ~· sw,kts, jYRk, er Mieles ef ·1el11e ae leager ef 11se te tee Ci~·. If tee hi.te a,e m&&Ek'8Rt8geell6 te tlte City, tee pY:Fehaeing effieer ma~· rejeet &RY er Ml hi.te. Items of va lu e shall be ad vert ised fo r sa le in a man ner deemed most effectjye and efficient to the ~ I if no b id s are received for ~ t,bLadvcrtised articles, teea he ma y aispese e f them te tee heet aar,'8Rtage e f the C ity. the nwchasin g officer shall dispose of the articles in a manner most advanta geous to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CnY COUNCIL OF THE CnY OF ENGLEWOOD, COLORAOO THAT: Section 1. There is hereby submitted to the registered ele.ctors of the City of Englewood at the next scheduled municipal ele.ction on November 6 , 2007, a proposed amendment to the Charter of the City of Englewood, Article X , Part IV , Se.ction 117, to read as follows : -1- 11 b ii Question No. Shall the Home Rule Charter of the City of Englewood, Article X , Part IV , Section 117, be amended to read as follows: ARTICLEX FINANCE ADMINISTRATION PART IV. PURCHASES AND SALES 117: Property sales. The purchasing officer shall detennine the value of surplus items no longer of use to the City. Articles without value may be disposed of in a manner most advantageous to the City. Items of value shall be advertised for sale in a manner deemed most effective and efficient to the City; if no bids are received for the advertised articles , the purchasing officer shall dispose of the articles in a manner most advantageous to the City. Yes No ------ Section 2. Each registered elector voting at said election and desirous of v oting s hall indicate his/her choice by depressing the appropriate counter of the voting machine or b y 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 canv assed and the result ascertained, determined, and certified as required by law . Section 4 . Only i f the question is a pproved by the registered electors of the C ity of En g lewood shall the Sect ion b e amended and the C harter, a s amended, certified to th e Secretary of State . Section 5 . For purposes of Section 1-11-203 .5 , C .R.S ., this Ordinance shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Section 6 . If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenf orceability shall not affect any of the remaining portions of this Ordinance. Introduced, read in full , and passed on first readin on the 2nd day of July, 2 007 . -2- Published as a Bill for an Ordinance on the 6th day of July, 2007. Read by title and passed on final reading on the 16th day of July, 2007. Published by title as Ordinance No. __, Series of 2007, on the 20th day of July 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2007. Loucrisbia A. Ellis -3- - (_ ( RESOLUTION NO. SERIES OF 2007 ~--------------'- A RESOLUTION ESTABLISHING FEES FOR COMPETITIVE CABLE FRANCHISE APPLICATIONS PURSUANT TO 12-6A, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, the City Council of the City of Englewood, Colorado has adopted an Ordinance relating to Competitive Cable Franchise Applications; and WHEREAS, fees for such franchise applications are more appropriately set by Council resolution on an annual basis as needed; and WHEREAS, the fees will cover the costs incurred by the City of Englewood to review and process the application; and WHEREAS, this resolution establishes Competitive Cable Franchise Application and Review Fees for the City of Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COWRADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby approves the following Competitive Cable Franchise Application and Review Fee: A. Cable Franchise Application and Review Fee $1 ,500.00 ADOPTED AND APPROVED this 16 day of July, 2007 . ATIEST: Olga Wolosyn, Mayor Loucrishia A . Ellis, City Clerk L Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2007. Loucrishia A . Ellis, City Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 16, 2007 11 Ci Resolution setting Competitive Cable Franchise Application Fees Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director City Manager's Office Leigh Ann Hoffhines, Communications Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed the proposed Competitive Cable Franchise Ordinance at the June 18, 2007 Study Session . On July 2, 2007, Council approved Council Bill No. 39, setting forth a review and evaluation process for Competitive Cable Franchise Applications. The ordinance is scheduled for second reading on July 16, 2007. RECOMMENDED ACTION Staff seeks Council support for the attached Resolution setting fees associated with Competitive Cable Franchise Applications. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Council Bill No. 39 sets in place a process for reviewing and evaluating Competitive Cable Franchise Applications. The ordinance states that the City will set an application fee sufficient to cover the reasonable cost of processing applications under this ordinance. We are recommending setting the City of Englewood 's application fee at $1,500 to cover the costs associated with reviewing the application. It is estimated that it will take a significant amount of staff time to re view the application and determine whether the information was submitted as required. FINANCIAL IMPACT The application fees collected will direcdy offset staff time spent on the application review. LIST OF ATTACHMENTS Proposed Resolution RESOLUI'ION NO. !Ji SERIES OF 2007 A RESOLUTION AUTHORIZING THE EXEMPTION OF 3590 SOUTH PENNSYLVANIA FROM BUILDING PERMIT FEES ASSOCIATED WITH DEVELOPMENT AND CONSTRUCTION. WHEREAS, a senior housing project is planned for 3590 South Pennsylvania, also known as Lots 18 through 25 , Block 3, Higgins Englewood Garden, as an Englewood Housing Authority project; however the property upon which the project is to be built has been transferred to a private entity; and WHEREAS, the private entity will be applying for the building permits; and WHEREAS, the property, upon completion, is expected to be returned to the Englewood Housing Authority's control. Therefore, the owner and the Englewood Housing Authority are asking for a waiver of building permit fees and the City's administrative portion of plan review fees estimated at $22,700 .00; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes an exemption of the property located at 3590 South ·Pennsylvania from the building permit fees and the City's administrative portion of plan review fees associated with the development and construction at 3590 South Pennsylvania, Englewood, Colorado . ADOPTED AND APPROVED this 16th of July, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2007 . Loucrishia A. Ellis, City Clerk 12 bi