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Home My WebLink About2007-10-01 (Regular) Meeting Agenda PacketJ 1. 2. ~ 3. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, October 1, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 801 10 Call to order. '7:t/-0 ~ Invocation. ~ Pledge of Allegiance. ~ Minutes from the Regular City Council meeting of September 1 7, 2007.~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) ff 7. Recognition of Unscheduled Public Comment. a) Ann Nabholz ~ e) Ted McChesney i) Joanna Mulnix b) Bob Hayes Olga Wolosyn f) Tom Wullstein j) Wilham Mulnix c) Cynthia Madden Leitn g) Larry Westra k) Barbara Hodge d) Norman Marcotte -ree removal ~Caitlin Sm ith & Susan Smith ~~~ J ... ________ y" ..__ ___ _/ e) through k): skateboard park relocation I) Austin Rose -EMS statt,ng 8. Communications, Proclamations, and Appointments. Proclamation honoring the Englewood Bible Church 's 1 OO'h Anniversary on October 14,2007. ~ Pl , Proclamation declaring October 4 through 13 , 2007 as Fire Prevention We~ Proclamation declaring October as Domestic Violence Awareness mon~ Proclamation declaring October as National Meet the Blind Month.~ Englewood C ity Counc il Agenda October 1, 2007 Page 2 9 . Consent A ge nda Items. a. A~I of Ordinances o n First Rea ding. ~ ~-O ~~~nces o n Sec;~~1 /16/iJ.JJJA~ 9 ~ /~//'of ii/ i. Council Bill N~oriz ing an Intergove rnm ental Agr ee m en t aefining j o in t /r-, ,J lJ-,,....1 respo nsi bilit y be twee n the City of Eng lew ood and Ar apahoe County for th e U ~:fl"" S Dun ca n Park ac quisiti o n grant. ii. iii. Council Bill No. 53, authorizing an Intergovernmental Agreement defining j o int responsibility between the City of Englewood and Arapahoe County for the Belleview Park shelter improvements grant. Coun c il Bill No. 55, authorizing and approving the acc epta nce of the lusti ce A ss istan ce Grant in the amount of $2 1,756 . c. Reso luti ons and Motions. 10 . Publi c Hearing Items. 1 1 . a. Publi c H ea rin g t o ga th er input o n Council Bill N o. 51, approv in g the C raig H osp ital 'fio)l/!LJll4ot) Lots s-·16, Blo c k 4, Higgins So uth Broadway Heights. LeE-Mlf-AJi~ appd~-0~1fU1!-'~ Ord in a nces, Resolutions and M otions . ~ ~ ~ a. Approva l of Ordina nces on Firs t ReL1cling . i. ii. Council Bi ll No 5§_ Recommendation from t he Littl eton/Eng lewood Wastewa t er Treatment Plant Supervisory Committee to adopt a Bi ll for an Ordinance approvi ng the execution of the option agreement to purchase 1,270 acres imm ediately adjacent to our current biosolids application site. STAFF SOURCE: Stewart H. Fonda, U · · ies Director, and Jim Tallent, L/E WWfP Operations Division Manager . Co un ci l Bill No. 5 7 -Reco mmendation from the D epa rt1T1ent of FinL1ncc ;rnd Aclrnini strJtiv e Services t o adopt .1 Bill for an Ordinance appro\'ing th e _00 7 Mill Levy for ollection in 2008. STAFF SO~E~ F~;rnk ~ryglcwicz, Director of Finance and Administrative Services. (7/ ~ iii. Council Bill No. 58 -Recommendation from the Department of Finance and ~ r J Administrative Services to approve a Bill for an Ordinance adopting the 2008 :::,-)J;~udget for th e City of Englewood. STAFF SOUR~~an_k <?!!g lewicz, ( y: !Jt./!l!J)1 J /)5 ireclor of Finance and Administrative Se.vice ~ l'I"·"'' 1101(•' If >u h.1w ,, di~.1IJ1lit and n d u ili.1ry ,ud or N i c•,, plc•i\ e 110 11 ( ( i02:_ l.!·:!·10 7)_:1 1 I<•,, t ll hour. in, d • n l' f wlw11 'il'r IC(' ,Hl' n •rdt'd Th,rnk mi. \ Englewood City Council Agenda October 1, 2007 Page 3 iv . Council Bill No. 59 -Recommendation from the Department of Finance and j) / Administrative Services to adopt a Bill for an Ordinance appropriating funds for tf (i,... the 2008 Budget for the City of Englewood. STAFF SOURCE: ~k _ { )/. ~IJ I.Jf:>,.,.ryglewicz, Director of Finance and Administrative Services.Cl/ )/ll,().4::t) v. /Duncil Bill No. 60 -Recommendation from the Department of Finance and ) r / Administrative Services to adopt a Bill for an Ordinance approving the 2008 {}/Jp_(,A. -..;-~Budget for the Littleton/Englewood Wastewater Treatment Plant. STAFF A,, •. 1 r-i ( fi /1-f _., f!lrtf/;A)tf J.}lz-, SOURCE: Frank Gryglewicz, Director of Finance and Administrative Servic~ /~ . Council Bill No. 61 -Recommendation from the Department of Finance and 5-/ Administrative Services to adopt a Bill for an Ordinance appropriating funds for ) the 2008 Budget for the Littleton/Englewood Wastewater Treatment Plant. ""',A). !:/JJ2.GJ)fl J}E,. STA~F SO~: Frank Gryglewicz, Director of Finance and Administrative -Services. 27~ b . Approval of Ordinances on Second Reading . .£r c. Resolutions and Motions. Recommendation from the Department of Finance and Administrative Services Department to adopt a Resolution approving the transfer of funds from the Public Improvement and ServiCenter Funds to the General Fund . STAFF ;1..,1_); I/£< SOURCE: Frank Gryglewicz, Finance and Administrative Services Director. v ~ 12 . General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 1 5. Adjournment. 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session September 17, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:30 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: Absent: Council Members Tomasso , Moore, Barrentine, Oakley, Mccasl in, Woodward, Wolosyn None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Fonda, Utilities Director Black, Parks and Recreation Director Gryglewicz , Finance and Administrative Services Director White, Community Development Executive Assistant Fenton , Community Development Housing Finance Specialist Grimmett , Community Development Commander Collins, Safety Services Department Police Commander Watson, Safety Services Fire Division Chief Pattarozzi, Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 4, 2007. Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Motion c rn d Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward, Tomasso , Oakley Nays : None R cognition of Schedul d Public Comment Englewood City Council September 17, 2007 Page 2 (a) Bobby Thomas, Dean of Students at Englewood High School, said I would like to talk about the upcoming Homecoming parade that we are planning . The parade route will be switched this year, so I wanted you guys to know that. In the past, it's traveled from Logan to Princeton, down Broadway to Kenyon Street. We are looking to incorporate Englewood Middle School , and possibly two of the elementary schools into the proposed route, which would start at Englewood Middle School, travel down Delaware to Tufts, turn east on Tufts to Logan and then travel north on Logan and finish at the high school. I spoke with some members of the Police Department and also some City engineers and my understanding is that that would help with some of the traffic and detours and some of the costs for Broadway. But I also understand that usually somebody comes forth and talks about the parade every year. We found out that there will be a cost of $273 .00, I believe . And I was wondering if the City Council would be willing to help offset some of those costs? That's for barricades and different things that help to make the parade route safe. But the main reason that I'm here tonight is just to let everybody know that for many, many years we've used the same route and we're looking to change that this year to incorporate Englewood Middle School and also a couple of the elementary schools . Mayor Wolosyn said thank you . What day is that parade? Mr . Thomas replied the 28 1h, starting at 1 :30. Mayor Wolosyn said we usually don't address issues such as your request at this part of meeting , but I can assure you, at the end of the meeting , under General Discussion , we will return to that. So , I encourage you to remain . Thank you . 7 . Recognition of Unscheduled Public Comment (a) Doug Cohn , an Englewood resident, said Englewood Days was a great success th is year . Englewood shined for a day and folks had fun . I wanted to come tonight and say thank you to the City for all of the different things that you guys did to help make this successful. I wanted to say thank you to the Public Works guys for doing the streets, the parking lots and the re-timing of the traffic signals , for working with us on the electric signs to control traffic and then slowing the traffic down and loaning us the barricades . I wanted to thank the Parks and Rec Department for loaning us the Show Wagon . That's a treasure that the City has and it's not loaned out very easily, so I wanted to thank those guys for that. For Safety Services, thank you all for coming . I'm very glad that we did that booth . For Risk Management, and Joan Weber and the guys there, they helped us out with the insurance, including all of the mystifying insurance kind of stuff. For Community Development walking us through all of the permits that we needed . And to you all as a City Council, for making the decisions on closing Lincoln Street , and allowing us to use some of the City's equipment to make our show work . I wanted to present you all with a little bit of a thank you memento. We 've had framed some of our posters from this year. There's a fellow named Steve Haugen, a local Englewood guy, who drew it, and Sir Speedy printed it. A & B Custom Framing framed it for us . So, I just wanted to say thank you . Mayo r Wolosyn sa id thank you and well don e. I know it was a big success . 8 . Communications, Proclamations and Appointments (a) A letter from Jill Carlston announcing he r res ignation from the Board of Adjustment and Appeals was cons ide red . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF JILL CARLSTON FROM THE BOARD OF ADJUSTMENT AND APPEALS. Motion carri d (b) con 1d r d Ayes : Na ys : Coun c il Members Barre nt ine , Mccaslin , Moore , Wolosyn , Woodward , To ma sso , Oakle y None A resolution appointing Sue Purdy as a Board of Adjustment and Appeals member was Englewood City Council September 17, 2007 Page 3 ------- COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (b) - RESOLUTION NO. 87, SERIES OF 2007. RESOLUTION NO . 87, SERIES OF 2007 A RESOLUTION APPOINTING SUE PURDY AS A MEMBER OF THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD. Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None (c) A proclamation declaring Thursday , September 20, 2007 as Englewood Housing Rehab Loan Program Day was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (c) -A PROCLAMATION DECLARING THURSDAY, SEPTEMBER 20, 2007 AS ENGLEWOOD HOUSING REHAB LOAN PROGRAM DAY. Council Member Woodward said I would like to mention that , especially during these times of the sub-prime lending problems that are going on, that this gives the citizens of Englewood an opportun ity for a real legitimate alternative . And this is a very successful project. Congratulations Janet on what you have done with this , and to Community Development. Mayor Wolosyn said on Thursday , around 5 , there's a little celebration honoring it. Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward, Tomasso, Oakley Nays : None Mayo r Wolosyn presented Hous ing Finance Spec ial ist Janet Gr immett with the proclamation . There was a round of applause . 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11 .) COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED , TO APPROVE CONSENT AGENDA ITEMS 9 (b) (i) and 9 (c) (i). (b) Approval of Ordinances on Second Reading (i) ORDINA NCE NO . 50, SERIES OF 2007 (COU NCIL BILL NO. 50, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING PERMANENT UTILITY EASEMENTS TO THE CITY OF ENGLEWOOD FOR NATCHES COURT BETWEEN WEINGARTEN MILLER SHERIDAN AND THE CITY OF ENGLEWOOD , COLORADO . (c) Resolut ions and Mot ions Englewood City Council September 17, 2007 Page 4 (i) Contract with Jagger Roofing for the rehabilitat ion of the Allen Water Treatment Plant Clearwell Reservo ir Roof, in the amount of $50 ,309 .00 . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward , Tomasso, Oakley Nays : None 10 . Public Hearing Items (a) Mayor Wolosyn said this is a Pub li c Hearing to gathe r input on the C ity's proposed Budget for 2008 . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON THE CITY'S PROPOSED BUDGET FOR 2008. Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward, Tomasso , Oakley Nays : None Mot ion carried and the public hear ing opened . All w itnesses were duly sworn . Director Gryglewicz said i have provided the City Clerk w ith Proof of Pub li cat ion of Notice of this Public Hearing , which was in the Englewood Herald on August 31 5 '. September ?'h and September 14th. Th is Public Hearing is requ ired by the C ity Charter to gather cit izen input on the 2008 proposed Budget. The proposed Budget was distributed on September 10th . it's required to be submitted to Council by the 151h of September of each year . I'd like to note that the budget retreat with Council and staff , which is open to the public, is th is Saturday , September 22nd, in the Community Room, at 8:15 a.m . Just a very brief overview of the General Fund as proposed : revenues proposed for 2008 , are est imated at $39 ,126,454 .00 , with expenditures at $39 ,718 ,506 .00 . So , wha t that is go ing to do to our reserves is tha t we have total reserves beginning of $5 ,501,778 .00 . The net so urce s betwee n revenues and expenditures propo sed is a negative $592 ,052 .00 . Our required reserves , ma inly TABOR reserves , are $1 ,194 ,800 .00 , leav ing an ending unreserved , undes ignated ba lance of $3,714 ,926 .00 , as propo sed . And as I sa id , th is w ill be discussed , in full , this Saturday morn ing . Mayor Wolosyn asked if there were any questions for Frank, at this point. There were none . Mayor Wolosyn said thank you Frank . Mayor Wolosyn asked if there was anyone else who wanted to speak during the public hearing . Kells Waggoner, an Englewood resident , said first of all I would like to commend you people on your dedication to the City . It's tough to find people who want to serve and are willing to serve . The main reason I'm here tonight is to talk about the old Englewood Depot. It's setting up here on Dartmouth and it's been setting up there probably 15 years ... 13 years maybe . Nothing 's happening . I'm sure the Parks Department takes care of the grass . Somebody does . Waters it, takes care of it . It's a shame that thing has to sit there after we moved it , with nothing happening . At one time , as I remember, the City had some quarter of a million dollars in reserve set aside and I don't remember whether there was a challenge grant or what , to try to improve that facility, that building . Make it look like something . Let people use it. One time there was even talk about maybe moving the Chamber of Commerce in there . Letting them use part of it as an office and the other part as a museum . It's really a shame to let it set there and do nothing with it. I thi nk this budget. .. and I jus t heard that you have some 3 million dollars in reserve, unclassified or whatever you want to call it. It seems like at least you could put some mon y in there and try to get th at building opened up and let people use it. See what they're missing . Tron p rt t1on mu um , whatever 1t is . Just do it. Let's get it done and get some use out of that building . T t1, n OU Englewood City Council September 17, 2007 Page 5 Mayor Wolosyn said thank you Kells . Mayor Wolosyn asked if anyone else wanted to speak about the budget. Seeing none, I am going to ask for a motion to close the Public Hearing . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON THE CITY'S PROPOSED BUDGET FOR 2008. Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward, Tomasso , Oakley Nays : None Motion carried and the public hearing closed . Mayor Wolosyn said my first budget, way back in 1999, one person spoke and no one else has ever spoken until this one, at a budget public hearing, so thank you Kells. (b) Mayor Wolosyn said this is a Public Hearing regarding Kent Place Metropolitan Districts 1 and 2 . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING REGARDING KENT PLACE METROPOLITAN DISTRICTS 1 AND 2. Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward , Tomasso , Oakley Nays : None Motion carried and the public hearing opened . All witnesses were duly sworn . Director Gryglewicz said I provided the City Clerk with Proof of Publication for this Public Hearing . It was published August 31 , 2007 in the Englewood Herald . This is a Public Hearing to gather input on a Resolution approving the proposed Service Plan for Spec ial Districts at Kent Place Metropolitan Districts 1 and 2 in the City of Englewood . Representat ives from Continuum Partners and White , Bear, and Ankele are present to discuss the Service Plan with Council and to answer your questions . Mayor Wolosyn asked if there were any questions for Mr. Gryglew icz. She sa id do we have othe r people speak ing on th is also , Frank , or is it j ust quest ions ? Director Gryglewicz said I am just introducing this an d then opening up to the public and questions to Continuum and their partners . Ms . Wolosyn said okay and thank you Frank . Kevin Foltz, a Denver resident, said thank you for having us again tonight. I'm actually going to turn over the presentation to Kristen Bear with White , Bear and Ankele to give the presentation, but I will be available for questions and comments afterwards . But I would like to introduce Tom Gougeon, our Chief De velopment Officer for Con t inuum Partners who is here, as well, to ans wer any questi on s or Clint W aldron, who is w ith White , Bear & Ankele, as well. With that, I will turn it over to Kris ten . Kristen Bear said we are here to consider a Service Plan that is proposed for two Metropolitan Districts ... Kent Place Metropolitan District No . 1 and No . 2 . This is consideration of the Service Plan . This does not have anything to do with the development approvals that are otherwise applicable to the development. The Service Plan itself governs two districts that are intended to be used as financing districts on th J property . I am going to go through Spec ial Districts a little bit in general , as they are permitted under Colorado law and then specifically as we proposed them under th is Service Plan . So , Special Districts are quas i municirial corporations that are organized as political subdivisions in the State of Colorado . They exist as separate and unique governmental entities apart from the City . They are formed under Title 32 . They are statutory creatures . They are permitted only that uthority wh ich is prov1d d pur uant to Title 32 and/or that authority that is otherwise provid d in th S rv1c Pl n So Till 32 c n prov1d th1 much authority . The Service Plan can constrain that or provid a Englewood City Council September 17, 2007 Page 6 parallel amount of authority to the District. Districts are used as financing mechanisms . They are a component part of the financing that is necessary for projects like Kent Place . Special Districts are used both in the commercial as well as residential context in Colorado . They provide for a portion of the total cost of infrastructure. So what you will see as a project moves forward is Special Districts can be used and , in addition to a Special District, there is conventional financing for construction loans , as well as other financing , that developers may pursue to cover the portion of the cost that the District cannot cover. In addition to financing, Districts may also own, operate and maintain eligible improvements . And I will talk a little bit more about what Districts can and cannot do under Title 32 . So , these are the types of things the District can do . They can facilitate street improvements , safety protection improvements ... stop signs , lighting and things like that. .. Park and Recreation improvements, water improvement , sanitary sewer improvements-inclusive of storm drainage requirements for the project , transportation improvements, mosquito control, television relay and translation as well as fire protection improvements . The procedure for forming a Special District is statutory in nature . This is the first step of the process that requires that we come to you as the entity with jurisdiction over the project to get approval of the Service Plan . The Service Plan is the governing document for a District. It is similar to a City Charter or other type of bylaws for a corporation . And, like I said before, it can have authorization consistent with Title 32 or it can pare that authorization down . What we normally see, when that authorization is restricted, is in the terms of the financial authorization that a District has . And, I will go into the types of restrictions that we put in place for this proposed Service Plan, in a little bit. So , assuming that the Service Plan is approved by the City Council or whatever jurisdiction that we dealing with, what we have to do at that point is, we have to get permission to hold the election . We submit a petition for organization to the District Court . The District Court considers that petition and the context of what is required statutorily to make sure that we have dotted all our i's and crossed all our t's . Assuming that is the case, the court will allow us to hold the election . Just like the City, Districts being governmental entities , are constrained by the requirements of TABOR under the Colorado Constitution . So , we are only permitted to go to election at certain times of the year . In 2007, we are permitted to go to a November 2007 election . And so , the t imeframes with which we are constra ined , we have to get the Service Plan approved, we have to get to District Court and we have to get that order permitting us to go to the election prior to the election date . So , we will hold the election after the court hearing and the court orders us to hold that election , and upon a successful election , a court will order the District organized . That organization is not affected until we actually record the order organizing the District on the property . That becomes the first line of notice to homeowners/property owners out there ... that there is a District on the property. The governing body of the Special District , after it is organized , can be either a five or a seven board . We normally see a five member boards , but it can be up to seven board members . Directors are elected pursuant to Title I of the Colorado Statues . So, this is an election just like the C ity holds an election fo r your City Council pos itions , the D istrict is required to hold an election as well. Board positions are staggered and el ect ions are held in May of every even numbered year fo r those posit ions that are vacant. An el ig ible elector w ith in a Dist ric t is any person that is reg istered to vote in the State of Colorado ... so it has to be an in d ividua l. .. an d t hey a lso have to hold a taxab le inte rest in property that is w ith in the bounda ri es of the Di strict. These are th e peo ple that will vote in the District electi on . T hey c an own a fee title to a parcel of property . They can own a business personal property interest that is subject to taxation . They can also be a resident within the boundaries of the District for at least 30 days prior to that election . That is the pool of electors that we are dealing with . Elig ible electors are eligible to sit on the Board of Directors, so as development starts occurring, all of those residents and property owners will become eligible to sit on the Board . Districts provide certain benefits in terms of what we are able to do. They provide governmental immunity, so the construction we do through the D is trict ... any kind of operation and main tenance activities ... we are afforded governmental immunity just like the C ity is . As I said before , Special Districts are governments . They have to adhere to all sorts of statutory requirements and report ing requirements . We have them meet on a regular basis to handle and authorize all bus ine ss of the District.. .so that would include construction contracts ... and any kind of financing that is proposed through the Distr ic t has to be approved by the District Board of Directors . Most Special Districts will engage professional management companies if there is a continuing kind of operational component to the District. They will hire general counsel and accountants experienced with T itle 32 Special Districts . They will also hire independen t accountants or in dependent financial persons to do audits for the Distric ts on an annual basis . So th District Board , once th is Board is organ iz ed and the Dis tr ict is organ ized , is a public ly accountable Bo rd W hold op n m tings with due notice to members of the public . We have to maintain minut s of all m ting nd other r c rd op n fo public 1n p ct1on ... so ther are public record law applicable to Sp c1al D1 tn t W d pt nnu I bud t t Public Hearing h Id b fore th Bo rd and w submit nnual fin nc1 I .i Jd1t to tt1 St t Th r nou m ch ni m th t w ut11lz in ord r to fin nc th public 1mprov m nt or • Englewood City Council September 17, 2007 Page 7 the Title 32 eligible improvements of a District. The types of bonds that you see here are the most common mechanisms . So we can issue General Obligat ion Bonds, and that is a bond supported by a property tax of the District, that is secured by the full faith and credit of a District. That means the mill levy is unlimited in nature . We can also issue General Obligation Bonds that are supported by a limited tax of the District. That means there is a mill levy threshold beyond which the District cannot pledge toward the bonds . We can issue Revenue Obligation Bonds . Those are bonds that can be supported by mill levies as well as other types of fees and charges that could be assessed against the property. And then , Special Revenue Obligation Bonds , which include revenues received from outside sources, sales tax sharing and things like that. What we are proposing , in the context of Kent Place, is a General Obligation Limited Tax type of bond . The approving jurisdiction, i.e . the City, is not responsible in any way for the Districts' bonds . So, unlike other types of local improvement districts that are often contemplated or considered , this is a separate obligation ... separate and distinct from the City's liability ... it does not go on the City's books. It is held by the District. So for the Districts, we have subm itted a proposed Service Plan that authorizes the formation of two separate Metropolitan Districts. District No . 1 would be the administrative district. It is responsible for coordinating all of the construction operational activities that are applicable to the Districts in the development on a continuing basis. District No . 2 is proposed to be the financing arm associated with the Districts . It would be the entity that levies property taxes against the property and ultimately issues the limited tax General Obligation Bonds . In the Service Plan , we have provided that the Districts have authorization to undertake activities as provided under Title 32 . So that includes the entire list of powers and authorizations that you saw on the sl ide earl ier relat ive to street improvements and things like that. The improvements that we are expected to finance and undertake would include street, water, sanitary sewer, storm drainage, traffic safety control, landscaping improvements and parking fac ilities . Eligible construct ion costs for these Distr icts are est imated at over $15 ,000 ,000 .00 . Upon completion , the water , sewer and off site road improvements would be ded icated to the City pursuant to its standard rules , regulations and pol ic ies for acceptance of those types of improvements . In addition . COOT and Arapahoe County are involved in the case of certain off s ite road improvements . Other improvements would be owned and operated by the District or the HOA respectively . We have included an operat ions matrix as part of the Service Plan , that goes through the maj ority of the improvements that we are contemplating the Districts undertake or the HOA undertakes or the District developer undertakes and how those improvements will be operated , owned and mainta ined in the future . This is the facsimile of the matrix that you have in your Service Plan . So you will see that we have tr ied to include all of the various improvements that are necessary for Kent Place : who is going to pay or fund those improvements ; who is going to construct the improvements and then the continu ing obl igations for ma intenance and ded icat ion . The financ ing , that we are propos ing , would be supported by a m ill le vy of approx imate ly 35 mills . In the Serv ice Plan itself , we have proposed a m ill levy cap of 50 m ills . It is subject to ad j ustment for what we call the Gallagher Amendment. So , as res idential ratios decl i ne in the State , we wou ld be perm itted to in c rease t hat m ill levy in an equ iv alen t amount such that the tax revenue s that th e Di s tric ts rec e ive d wo ul d be c ompa rable. The e stima ted interest rat e for th e D ist ri ct debt is 6 % a s sh ow n in the financing plan and the term of the d e bt pro posed is 30 yea rs . Add itional adm inistra t ive and ope ra tio nal co st s are proposed to be funded by an additional mill levy of approximately 5 to 10 mills . Because it is a government , we will have continuing legal , financial and other types of reporting in compliance activities that will have to be funded by the District. So those are the type of administrative costs that are contemplated here . The development project ions that are utilized in support of the issuance of approximately $17,000 ,000 .00 of District debt include an 11.4 acre luxury residential and retail project. It is primary residential with retail and office elements. At full build out, it is anticipated to have approximately 270 to 300 total units with 51,000 square feet of retail and office space . Currently, the total overlapping mill levy is 76 .22 mills. That is a mill levy that is evidenced by the City , School District as well as other overlapping jurisdictions that impose a mill levy in this property. With the 35 mills that is proposed for the District, the to tal overlapping mill levy would increase to 111 .22 mills . We provided a comparison of overlapping mill levies that are in this area and you will see that the 111 falls well within what we are seeing for other comparable developments in this area . That is the end of my presentation . I wanted to leave some time to give you the opportunity to ask questions . I know we discussed the Service Plan a little bit at the Study Session , but you d idn't have a document in front of you so I wanted to provide you with some t ime for questions that I would be happy to answer. Mayor Wolosyn said I believe there are some questions . Council Member Woodward sa id my first question would be, on Exhibit C : the D istrict boundary map . Has that chan d inc tt, Study Session .. as I recall , I thought the re were certain areas that w e we re talkin g about th Englewood City Council September 17, 2007 Page 8 garage, the entry coming off Hampden and stuff? And, it appears that District 2 is the whole site . Has that changed or did I misunderstand that at the Study Session? Ms . Bear said District 2 is anticipated to be the entire site, because the property tax revenues that we will collect need to be supported by both the residential as well as the commercial property . Mr. Woodward said so I misunderstood it at the Study Session . Ms . Bear said yes and quite frankly, I believe the map that was presented to you at Study Session was a site plan ... a preliminary site plan . It wasn't a District boundary map . Mr. Woodward said okay. Ms . Bear said I believe this is the first time that you have been presented with that document. Council Member Mccaslin said now we are basically allowing for the election of this Special District , correct? And what happens if it doesn't pass? Tell me how that works . Ms . Bear said it the election doesn't pass? Mr . Mccaslin said yes . Ms . Bear said well, first the election would be voted on by the eligible electors in the boundaries of the District. Assuming that for some reason it was voted down, we would not have our Service Plan authorization, we would not be able to issue debt. Conceivably, we could come back to City Council, get authorization to move forward with the Service Plan at another time and try the election again . But as I stated before , the election time frames with which we are allowed to get the debt and taxing authorization are constrained by TABOR. Mr . Mccaslin said correct, okay. Ms. Bear said so we would be delayed until May of 2008 . Mr. Mccaslin said thank you . Council Member Barrentine said how many eligible electors do you have for this Special Election? Ms . Bear said initially there would only be between 5 to 10 electors . They are generally developer representatives , because there are no other electors on the property right now . It is only the developer that holds an interest in the property. Ms . Barrentine said that cuts the odds down on whether it passes or not, I understand . Ms . Bear said it would be unusual for it not to pass . Ms . Barrentine said so presently, right now, the stake holders that are part of this District are only those people who own property within that District and that is the developer. Ms . Bear said that is correct. Ms . Barrentine said okay . Have you sold any ... there are no residences right now? There is no residential voter right now? Kevin Foltz said no , there are no other residents ... no other parcels of land has been sold outside of the developer. Ms. Barrentine said okay and who are those 5 to 10 people ... they are all within the same organization? Ms . Bear said yes . Ms . Barrentine said okay. Council Member Woodward said have you done this on other projects ... you obviously have been very act ive in the Denver metro area .. .for example Belmar. Is this something that you have done there? Mr . Foltz said it is very common . We have done it on Belmar , our Bradburn proje ct in Westminster ... a residential mixed-use project, as well and the District is being assembled for the Belleview Station project. .. just in the Denver, 1-25 Corridor . Mr . Woodward said I guess just going a little further with that, asking our own Community Development Director Alan White. Alan, in general, not specifically speaking to this, because I don't know how much you have seen this , in your experience, is this a common financing mechanism for th is type of project. .. a project of this size? Director White said it is a common finance mechanism and it is being increasingly used throughout the State, not only in the metro area . It is increasingly used as a financing tool. A lot of the seminars and training that I have gone to over the past few years always speak to metro districts as being one of the financing tools that is available for development and redevelopment projects . Council Member Woodward said okay, thank you . And just to reiterate too, any and all City tax ... that is sales , use and property tax ... is senior to the metro district's taxes . Ms . Bear said we have actually included a provision , as part of the Service Plan, under wh ich we are waiving our xemption to the City's sales and use tax . Mr . Woodward said okay, I just wanted to verify that. Englewood City Council September 17, 2007 Page9 Council Member Woodward sa id there is one other question I wanted to ask . On page 11 of the agreement , actually it appears in two d ifferent places, "the disclosure to the purchasers" ... actually it is page 2, "disclosure to the purchasers, the District will use reasonable efforts to assure that all developers of the property located wi thin the District..." etc. I want to know if the word can be changed there , and that is "the District will use its best efforts" as opposed to "reasonable", basically for the benefit of the future citizens of that project. As I think that is a higher standard, its best efforts as opposed to reasonable efforts . Ms . Bear said I don 't think that WL 'd be a problem , we would certainly agree to that. Mr . Woodward said that ends up on page 11, number 9 Disclosure to Purchasers , and then back in the very last agreement on page 2 , number 9 . Council Member Woodward said I guess there is just one other statement I would like to make and that is , you as a private developer are taking on responsibilities for this project completely, and what this is talking about are things like streets , parks and a lot of the things that may be presented in some types of projects with TIF type financing, which the City would be responsible for , which we are not respons ible for ... which we don't have any responsibility at all here for . So, I think speaking for myself, as just one Council Member, with that change I am in support of your Service Plan in Metro District Nos . 1 and 2 . Council Member Moore sa id as long as the Publ ic Hearing is open we are free to come back and question ... so for me, I would like to finish if there is additional presentation . That is just my perspective . I have a couple of questions that I will probably come back to . Mayor Wolosyn asked if there was addit ional presentation. Mr. Foltz said no . Ms . Wolosyn said is that okay with you that we might return with questions . Mr . Foltz sa id yes . Ms . Wolosyn said thank you . Counc il Member Oakley said I would like , if poss ible , to bring back up one of the screens they had which I th ink was in relation to , they said "depend ing on the type of bonds issued" o r fi nancin g listed severa l and you picked out one of them and you said that was the type you planned on using . They put up a screen and he sa id yes , I believe so, wh ich one of those did you say? Ms . Bear said the General Obligation Limited Tax Bonds , which are bonds that are supported by a limited mill levy of the D istrict. Because we have a threshold beyond which we cannot go under the Service Plan , which is the 50 mill limit for debt, these bonds would be issued unde r that scenar io . Mr. Oakley said okay, but these other proposals are possible, just as sales tax and the like , is that correct? Ms Bear said we do not antic ipate gett ing any sales tax . Mr . Oakley sa id you don 't anticipate any , but you are not tell ing u s that you won 't. Ms . Bear said unless the C ity were to agree to it and I don 't th ink tha t issue has even been ra ised . I th ink the answer would be no. Coun ci l Mem be r Moore sai d Wayne , the ir Serv ice Plan is strictly limited to this one type . I'm j ust trying to cla ri fy , ri gh t? It is no t li ke t hese other options can be introd uced after the fact. Ms . Bear said the financing plan that is attached to the Service Plan , is the document that governs the debt that we can issue. This financing plan only shows these property tax revenues as a source of revenue to the District for purposes of discharge of the debt. .. and not sales tax. Council Member Tomasso said any changes to that Service Plan would require you to come back to Council? Ms . Bear said any kind of material modifications to the Service Plan itself ... so if we were to exceed or need to exceed any of the authorizations provided under that document , we would have to come back to City Council at a Public Hearing , just like tonight , to get your approval to do so. So for instance, if w e wanted to levy 65 mills towards the debt for some reason, we would have to come back and get your support for that. Council Member Oakley said what is the time frame as far as getting this on the ballot this year? Is th is the last meeting we have to decide this or is there any more time? ( City Clerk Ellis said they are work ing with a very tight t imeframe and the next regular City Council Meeting is October 1 '1 and I don't believe that would allow them enough t ime . Ms . Bear said because of the time period under which we've got to go to the District Court and get the Court to hold the Hearing to allow us to hold the I ct1on . Mr. Oakley said , just out of curiosity , how many months have you p ople thought about do ing it th i way nd come up to us w ith this tight schedule ? Ms. Bear said well I th ink th i has always been contemplated, ut w w nt d to get th d v lopment plan as far ahead as we could so w could hav ome financial Englewood City Council September 17, 2007 Page 10 projections that were based upon some good development projections . You know the mapping ... all of that needed to get a little more advanced before we came back to you with a Service Plan . Mr . Foltz said this is not a new concept for us . Through the development process, we actually put language in the PUD , when we went through the PUD modification, and at that time we were talking at length about this financing mechanism . Council Member Barrentine said when was that PUD modification, when was that discussion? Mr. Foltz said the PUD modification? We put the language in the PUD modification ... Ms . Barrentine said no, I heard that part, I said when was that conversation, when was that discussion ... the presentation? Mr. Foltz said that presentation , I don't know exactly when the approval was, but it was in the early part of this year ... February or March . Mayor Wolosyn said actually I think it was February 51 h . Ms . Barrentine said so when we changed over , because we have been talking about this development...that you were using us for ... l think since 2003 or 2004? Mr . Foltz said probably, because the previous developer ... Ms . Barrentine said and the requirements of the PUD, requirements that were approved in order to get that development done , were part of that approval process, part of that Public Hearing, part of the meetings that happened with the community at the time, about what the developer would contribute in order to get that development through . Mayor Wolosyn said actually are you talking about the first PUD? Mr. Foltz said are you talking about the original PUD? Council Member Barrentine said all of them, you took over, there was no change in that piece ... was there? Mr. Foltz said as part of the modification to the PUD, that is when we put in the language . Ms Barrentine said and when did you take over the project? Mr . Foltz said we purchased the property in December of 2005 . Ms . Barrentine said okay, so just to address Wayne 's question , it has been since 2005 . Ms . Barrentine said I need to ask the City Clerk ... it is kind of coming across that this is an all or nothing thing . It e ither happens this November or it doesn't. I believe that you mentioned that there are two times a year that you can go ahead and have this election ... if I can ask the City Clerk what. .. is there an additional cost to the City? We are talking about stakeholders of from 5 to 10 people . What would be involved in having a Special Election if they weren't able to get on the November ballot. City Clerk Ellis said it is TABOR , so they are restricted on when they can put that on the ballot. Ms . Barrentine said right, so you said there is twice a yea r ... November is one . Ms . Ell is said the election is not a cost that we are bearing . Ms . Barrentine sa id okay, I see . Ms . Bear sa id we actually run the election . The electi on is scheduled for November of this year and our next opportuni ty would be in May of 2008 , because of those TABOR dates . Ms . Barrentine sa id okay. Ms . Bear sa id it would be pretty far out in ou r sc hedule in terms of the tim ing w ith wh ich we need the development to start and financi ng to be in pl ace . Mr. Foltz said and at that time , that wouldn't change the number of voters that were on the property. We won't actually be selling units until some time in 2009, when those lots should be conveyed . Ms . Barrentine said but she just said that you need to have this done by then so that you can go ahead . Mr. Foltz said as a financing mechanism to start on the project. Ms . Barrentine said okay . Council Member Woodward said meaning that you will not close on units until 2009 ... you may be under contract for un its . Mr. Foltz said correct. Mr. Woodward said disclosure of the District, that s ort of thing, wo ul d be disclosed within the contracts to any potential buyers . They would be aware of it. Mr. Foltz said they currently are . We actually have current contracts that contemplate this being a financing mechanism and this being in place . Mr. Woodward said this is no surprise ... I mean this isn't going to come as a surprise to a buyer. Council Member Mccaslin said I want to ask about the good development projection . I've seen the dv rt, ment. I think it was on Channel 9 Noon Day , when Kent Place came in and talked about their proJ c t,on . What are the projections ? Are they open to the public? Are the projections good? Mr . Foltz said proJ ct,on for ? Mr. McCasltn said for the sal of the ... Mr . Foltz a,d well we are still with in our target start d t of con truclton . Mr. McCa ltn aid o y Mr. Foltz a,d w didn't start exactly when we had hoped . but ltll w1th1n our window . Englewood City Council September 17, 2007 Page 11 Council Member Barrent ine sa id and what is that window since you are referring to it? Mr. Fo lt z sa id we would like to start this year and there are market dependencies and that would put us into 2009 for delivery . Mr. Mccaslin said was there something you d id on projections or presales or did you get an interest list on some of these places? Mr. Foltz said we have presale requ irements from our lender and we have many financ ing obl igations, construction loan obligations that we have to meet. Mr . Mccasl in said okay. Council Member Barrentine said how many contracts do you already have? Mr. Foltz said is that pertinent to the discussion? Ms . Barrentine said you said that this Special District was part of your contracts that you already have , in answering how developing this was going . Mr. Foltz said right , well we contracts and reservations in place . The language in our contracts currently contemplates a spec ial financing district , or the possib ility of potential. .. Ms . Barrent ine said oh , that is part of the information p iece of it, not as a cr iteria. Mr . Foltz said right, that is the disclosure, no, not as a criteria . Ms . Barrentine said people aren't just waiting and hoping that you get a special. .. May I ask the name of your company that owns this property. Mr . Foltz said Kent Place Development Company is the development agency , Continuum Cherry Hills Land Company is the land entity that owns the property. Ms . Barrentine said have you or either of those companies ever gone through bankruptcy? Mr. Foltz said no . Ms . Barrentine said okay. What was the maximum , I mean everyth ing that we've seen here has been based off the minimum of the 35 mills and the maximum was 50 . I saw there that you were anticipating about $17,000 ,000 .00 worth of debt, but that certainly is not limited . Is that $17 ,000 ,000 .00 covered by the 35 mill? Ms . Bear said it is . In the financ ing plan tha t 35 mills shows that we can discharge that $17,000,000 .00 of debt based upon our current proj ections . The District is ultimately going to be lim ited in the amount of debt that it can issue , by the l im ited mill levy, by the term of the debt and by actual bu ild ou t as it occurs . So , if the bu ild out slows down , t he debt will slow down or decrease . If interest rates go through the roof, our debt capac ity will be decreased . Ms. Barrentine said hold on a second ... could I ask you to clarify , that if the purchase slows down, how does the debt slow down? If you are incurring debt in order to do streets and curbs and lights that are actually within the C ity piece of it ... not within your development piece of it.. .how does your debt change? How does it decrease by the number of homes you sell or don 't sell? Isn 't that already part of the project requ irement? Ms . Bear said not necessarily . What we do when we go out and issue debt is we utilize an underwriter . And that underwriter goes out into the market place, based upon then current market conditions to see what kin d of terms and cond itions we can sell the debt under . A large part of that considerat ion by bond holders is what t he ri sk is , associated w ith the project , and if development is occurr ing on a slower pace , the risk is ob vi ously a little b it larger . If development is occurring on a faster pace , that ri sk is dimin ished a little bit. And so it is a risk asses sment t ha t t he bo nd holder or bond pu rchaser is go ing to m ake w ith respect to how the bu ild out is occurring, w hether it is oc cu rri ng as we suggest ed it would or that our proposed numbers state that it w ill in the financing plan . So, they do that compa ris on . T he y loo k at the inte re st ra te that is in th e market at th at point in time . They look at what types of leases are in place ... residential. .. office space leases . So, it is an entire bucket of risk assessment that the bond holder will make towards the project. Ms . Barrent in e said because you said if it doesn 't sell then the risk decreases, it doesn 't, you just said the risk actually increases if it is slower than what you are projecting in order to sell them off. Ms . Bear said right. Ms . Barrentine said so if you are not able to keep this schedule and sell tho se homes on the schedule you presented here , then it causes problems and it actually increases the de bt. It increases the debt fo r the people w ho are in that...well the potential debt. .. because you d on't have the other people who own property yet, or who have those homes built out. Ms Bear said as the risk increases, we will be challenged and we will be required to actually downs ize the total amount of debt that is issued . The property owner , wi t hin the boundaries of the D is trict , is going to be subjected to the property tax, so this 35 mills . The most that that property owner can be subjected to for any District debt would be the 50 mills . So there is a limitation with respect to ... Ms . Barrentine said I understand that. So we are starting 17 million and how many million does 50 mills get us to? Ms . Bear said it depends on the total market value , the total assessed value that is in place at that point. Ms . Barrentine sa,d projected as of today , you know that you are potentially incurring 17 million dollars worth of debt on 35 mill, what ,s the projection ... what is the money , the dollar amount, that we could cap this at if it were 50 mill? Ms . Bear said oh goodness , I don 't even know how I would run that , because the financing plan has been run based upon our b t guess of what the projections are . Now , as part of the condi tions that we have agreed to in the R lution of pproval , we are required to give the City a market study that supports the projections in the Englewood City Council September 17, 2007 Page 12 Financ ing Plan and the developer has a ma rket study . We are going to be working w ith the City Attorney in terms of getting something that is sat isfactory to Council to support those projections So, that is a condit ion to your approval pursuant to the Resolution that you have been presented w ith tonight. Ms . Barrentine said I have just one more question before people speak and that is, you mentioned that you have already waived a right that this Special District has and that is to exclude yourself for this District. .. this governmental entity ... to vote to exclude itself from sales and use tax . Ms . Bear said we have included a provision in the Se rvice Plan . Normally, Special Distri cts are exempt from paying sales or use taxes . We have included a provis ion in the Service Plan that will requ ire us to pay sales and use tax to the City for construction costs, etc . We anticipate that that provision will be carried over into the intergovernmental agreement that is also required of the Distr ict under the Service Plan, so that there is a contractual relationship for that waiver. Ms . Barrentine said normally you may have the opportunity, but that doesn 't mean that it is necessarily what gets approved in a Service Plan , that people have exempted themselves out. As a governmental entity then , what else could you vote to exempt yourself from? Ms. Bear said I'm not sure I ... Ms . Barrentine said you have the right to exempt yourself from any other tax? Ms . Bear said the District is not subject to property taxes as a governmental entity ... it is exempt from property taxes, for property that the District holds . Ms . Barrentine said you are charging property tax, you are putting this on top of .... I don't understand , I'm so sorry . Ms . Bear said no , that is fine . The District is a governmental entity, so just like the City , for property that the District holds in title , the District is not subject to property taxation for that particular property . Now everybody else in the District. .. property owners, commercial land holders ... anybody else in the District will be subject to property taxes . So , in terms of a wa iver of the District for property taxes, I'm not sure that that can be done . Ms . Barrent ine said no , not as the District in the way that you ... could these 5 or 10 people get together and decide that they don't want to pay the school portion of the property tax , because they are an adult community , is that a possibility in a Special District or in the Spec ial District that we have got under here? Ms . Bear sa id the residents and homeowners cannot take that action , no . Ms . Barrentine said okay. Council Member Woodward said the area that the Distr ict would own , I assume , go ing back to I think it was Exhib it C , would be the areas that are just cross hatched as District 1. The med ians out in what appears to be on Hampden there , and a median on Un iversity Boulevard , and then the little round-about there at the front , that is what the District has . Mr. Foltz said actually that's t he control District. .. that is the parcel dedicated to the control district. What the District would actually own is probably better described in the grid , that talks about how it is paid for , constructed by and eventually dedicated to . So , the land area is really land area internal to the project. .. what , in a public setting would be publ ic right-of-way ... th is is actually D istrict property , really from face of bu ilding to face of bu ild ing with in that area . So , in add it ion to that round -about , that publicly accessed street , they w ill also own , obv iously , some of the ut ilities that are not City owned utilities and they will own a parcel of la nd out ad j acent to Uni ve rsity and a ve ry s mall sli ver of la nd adj ace nt to Hampden . Mr. Woodward sa id oka y. Mr . Fo lt z said so it is reall y on ly the publ icly accesse d ameni ties ... and t he publ ic par ki ng garage is anothe r pi ece that the Distri ct wou ld own . Mr. Woodward said okay, so the pr ope rty tax would not be pa id on the parking structure ... the parking garage . Would that be correct? Ms . Bear and M r. Foltz sai d that would be correct. Mr. Woodward said then if, as an example, purely as an example, if you were to construct 50 units and 25 of the units were sold, the other 25 would be owned by the developer and subject to the taxes, correct? Mr . Foltz and Ms . Bear said correct. Mr. Woodward said the mill levy and the developer would pay the taxes on those . Mr. Foltz said correct. Mr . Woodward said the other 25 wouldn't be subject to paying more than their prorate share of that. Ms . Bear said the District is required to impose a uniform mill levy w ithin the boundaries of the District, so t he moment that tax goes on the property, any property owners w ithin the boundaries of the District are subject to the District tax at a uniform level. Council Member Moore said that's a key difference about whether that land is developed or not, correct? Obviously if there is a home on there it is more value and more property tax, so to Jim's point, if half the properties go undeveloped, then the other owners would be on the hook ... at no more than 50 mills ... but they would be arguably on the hook for an increased share of the total debt. Is that an accurate statement? Ms Bear said they would be on the line for whatever 35 mills applied as against their assessed valuation at that point in time would be . Mr. Moore said if the District is coming up short on the repayment of the bonds, is that what triggers evaluating whether that 35 needs to move up to 50? Ms . Bear said yes . Mr. Moore said okay. Ms . Bear said the District will make that determination at each of its budget meetings in any given year, based upon the debt service requirements associated with the bonds . We normally get certified assessed valuation for District property in August and then final assessments at the beginning of December and so we can make a very good determination of how much in property taxes that we ar going to be getting , based upon an applied mill levy. Mr. Moore said so just to be clear , is it a true statement Englewood City Council September 17, 2007 Page 13 that if half of the land goes undeveloped , the other owners are going to be more likely to need to suffer an increase above the 35 towards that 50 ... they will be the only ones standing , right? Ms . Bear said it depends on the amount of debt sold . Mr. Moore said okay. Ms . Bear said we , as a District , have to be very cognizant of what we are doing to make sure that the property maintains its marketability and so we have presented you with a financial model that we believe sustains the marketability of the project at this 35 mills and yet the debt, based upon our current projections, can be reasonably discharged within that level. Obviously, we don 't want to get ahead of the game ... sell debt before the assessed valuation is in place such that we get in a position that we have to increase that mill levy. We are really striving to set it at the 35 mills . Mr . Foltz said also the sizing in the Financial Plan was done on a more conservative basis ... 270 units versus the entire 350 units . And when you were talking about the only one left standing ... any undeveloped land is privately owned land within that District, as well that would be assessed ... land value . Mr . Moore said land value ... that was just my point. There is a difference between whether it is land value or land and building. Mr . Moore said so help me with this. Is the 17 million envisioned to be raised at the beginning? How many bond offerings do you envision? Ms . Bear said our Financial Plan shows one bond offering . That is premised upon the projections that we have set forth. We are guessing that that can happen at some point next year prior to the summer. Mr. Moore said so you would envision doing that one bond offering , if some reason the development starts curtailing, is that where you mentioned earlier that you would actually start paying that 17 million down sooner, because you have bas ically borrowed for the full project, and if things are going ... Ms . Bear said there are a lot of different ways to make sure that the debt is secured and the District is able to pay its debt service requirements . A bond holder is not going to purchase debt of the District unless it is assured to some extent that the District can make debt service payments . So that requires either some sort of security enhancement on the debt or there are scenarios under which we have escrowed proceeds of debt that get released upon meeting certain thresholds of build out. When we move forward with this debt sale , bond holders will look at presales that we have in place , as kind of a thresho ld of interest in the project and where the market is on this . Mr. Moore said thank you . Council Member Mccaslin said speaking of that presale . Just up the street at Southglenn Mall, I lived there for 23 years and I saw when Southglenn Mall was torn down , they were really going gangbusters and I said , man this is going to be kind of cool for Centennial. Well, all of a sudden it stopped and I've heard rumors about it ... that it was going to be a kind of a mixed -use ... a store front and residential. I guess the developer or whoever and you know , I am not land user or a financial person, I am an educator , so I am trying to educate myself. But it just quit and all of a sudden, it is just sitting out there and if I was living there, because I lived just four blocks east of that for quite a few years , that would drive me crazy . What is going to keep th is from happening here in Englewood? I mean is there any guarantee? What can I put my fa ith in that th is won 't happen here , what is happening at Southglenn? Mr . Foltz said relat ive to the Metropolitan District , there are guarantees that Kris ten just mentioned, where the bondholder is really taking the risk . They are the ones that are going to put the guarantees in place and make sure that things are moving along as planned in the Financial Plan . Counc il Member Barrentine said but aren 't the bond holders ... don't they have the security of the tax that is being assessed? That is what they are buying this bond on . These people are going to be paying the tax on this property as they buy it. And I think John makes a good point, that then we can turn that project very upside down where you have a huge debt being shared by few people , with half a project done and those bond holders are still going to get the ir money, because people have got to pay the tax . It is the property that can no longer be sold or the home that can't be sold or the project that is no longer viable for somebody to buy into because there is an outrageous amount of debt attached to it. That is what I th ink . I mean that is part of what happened w ith t11 is that he talking about so . Council Member Moore said I w ill offer my perspect ive on that. That is what is valuable about the 50 mill cap that is in there , because what is go ing on with the bondholder is yes , the owners that are there are on the hook but th ey are never on th e hook for more than 50 mills . The bondholder is on the hook for anything that the 50 mill doesn't generate . Council M mber Barrent ine said we just used the 17 million, because I think you are making a very good point, but I couldn't got them to commit to what a dollar amount today would be for 50 mills . So , if you tok th t and Englewood City Council September 17, 2007 Page 14 just divide the 35 mill into the 17 million then do it up to the 50 ... then d ivide that into the 270 units or a portion of that or a fourth of that. .. on what that potential debt could be to them . If they anticipate, and I am bring ing this question to you as well , if they anticipate that they can discharge this at 35, then why have the cap at 50? Why wouldn 't we want to partner with them and have the public input of them coming to us again in order for that to be raised? I mean , that is at least another th ird , so that is quite a bit of money we are talking about. Why not cap it at 40 or 37? Council Member Moore said again I will venture my guess to that. The bondholders are the ones ... they are needing to make these bonds attractive to the bondholder and the bondholder has to know ... 35 is what you think is going to work, but how much room do we have if you don't hit your targets . And so , there has to be some buffer in there and so it is a compromise between ... if you pull that 590 down to ... I'm sorry, what were ... Ms. Barrentine said it wasn't my intention to make you argue their case for them . Mr. Moore sa id this is good because if I am misstating, they will correct me but this is how I am processing it. If they turn around and lower that 50 and say, in fact we can't raise it from 35 ... their cost of debt is going to be tremendous , because there is going to be so much risk in the project that the bondholders are going to demand a very high return and it puts the cost of that debt beyond reach . There has to be a balance. The beauty here ... obviously one thing that I am looking for and I think I am hearing is ... that the C ity, we are making sure that the City is protected . And so as far as servicing this debt goes, there is nothing about this that is putting us on the hook . You now , Bob , to your question , if the development suddenly stalls, well that is a problem that goes beyond th is D istrict issue , it still doesn't put us on the hook for the debt of the District. It just puts us on the hook for having a piece of under-utilized land in Englewood . Mr. Mccaslin said okay . Council Member Barrentine said so , as an example , I think he makes a very good po int...i t puts us on the hook for what could become a blighted area . What could become , I mean ... Southglenn Mall is not exactly a hallmark of pride right now. When things li ke that take time , if you take it on a very small scale and take something li ke what happened with the Denver Mattress building , that little property right in front of Steak House 10, how much damage , even on a small scale like that, having a property sit half constructed for over a year, can do to everybody. The surrounding area whether other people want to lease , the feel for the City. Yes , I think it can cause a huge amount of damage and I think that is why , in sim ilar circumstances where these have not gone well , the municipal ities have come to the forefront , taken over that piece in order to get it stopped . I mean that can happen . They may not be obligating us , but by their inaction or their failure or bankruptcy or whatever happens , we would end up having potentially to do something . My second point would be that when this project was originally proposed , would the community have bought in , had they said ... we cannot do th is project without a special tax ing d istr ict. And now , here we are , out more than two years and still w ith an empty piece of property. I th ink at leads to Bob 's po int very well . All thi s ti me later we st ill have an empty piece of property and th is w as not something that was d iscussed at the begi nn ing . So , I am j ust tryi ng to get those questions answered . T ha n ks . Mayor Wolosyn asked if there were any other questions. She said thank you and we will open it to the public . Thank you very much . Ms . Bear said okay. Mayor Wolosyn said we have one person scheduled to speak . Cynthia Searfoss, an Englewood resident, said this is an extremely complex issue . A Special District is a wonderful way to finance capital improvements that can improve our City. It is also a very serious undertaking that we need to understand in the City of Englewood . It is a very complex issue and you've only had four days with their Service Plan to look at an extremely complex issue that is greatly going to impact the future of Englewood . There are so many complexities that I really don't think you have had the time to look at everything that could impact us in the long run . We all know what a Special District is. We know that it is supposedly a zero cost financing plan that allows them to take municipal rights and get better rated bonds and probably would give them a better chance of getting good funding in the current environment. But , I think we need to look at the current environment very seriously. Mr. Mccaslin has already stated that he is aware of the Centennial project and the failure of the Centennial project. And what has happened in the failure of the Centennial project with the b nkruptcy . nothing to do with your reputation . With the bankruptcy of the developer , the C ity has had to go in Englewood City Council September 17, 2007 Page 15 to an incomplete project and try to deal with this undeveloped property that is an eyesore, that is a serious economic loss, when they weren't even planning on being responsible for that. It doesn't matter who has is handling the debt , what matters is the City of Littleton has this huge fiscal responsibility now that was not planned and through no fault of their own . The Rocky Mountain News last week ... I think everybody in this room read it ... read the economic report for Denver Metro, State of Colorado next year, so residential sales , new homes, the sales are going to be down conservatively 7 .9%, sales of existing homes are going to be down 11 .1 % and then this weekend ... I don 't know if anybody saw this ... Alan Greenspan went on 60 minutes and said he does not feel that the real estate market has bottomed out and that we are in a serious threat of a serious recession in our country and, potentially, we could take the worldwide economy with us . So we have greater fiscal responsibility right now than Englewood may have ever had previously, because we have all of these warning indicators at a time when we are already facing a budget deficit. .. and that is not a budget deficit for 2008, that is a budget deficit potentially for 2009, 2010 and onward into the future . The availability of liquidity is extremely tough right now in this market. I understand that. I understand that this is a great tool to finance, but I think we need to look at our responsibilities to our community. The other issue for this Special District is in the current failures of Special Districts, and they are numerous and increasing. The Special Districts that have retail , or predominately retail, succeed at a greater rate currently, than Districts that have residential, so this mix is a tenuous mix right now, because the track record is not good for the residential developments. And several people were asking about the responsibilities of the potential individual owner who would buy a residential unit in this development ... there are stor ies online of people that have a property value of $265,000 .00 and they have taxes that are due that are $300 ,000 .00 on th is property. They can't sell their properties . The other issue is their property values are low because they are in the middle of an unfinished development and nobody wants to buy in an unfinished development. So that is another hazard that we could potentially face ... it is definitely what is going on in Centennial. The complexity of a Special District is enormous and there have been comm issions funded by whole states to independently study and look at the complexities and difficulties of local cities trying to deal with negotiating successfully the special contract plans . And I submitted something to Lou that is the Little Hoover Commission ... it is the State of California 's independent commission . They study current events that greatly impact the future of their local government. And , they are a central point at which the State provides funding to provide resources to local communities who are facing these challenges . I submitted a copy of the executive summary to Lou , so that you guys can look at it. Also I will send you a soft copy of the full report from the Commission so that you have it if you want to reference that. Yes, this is a good potential tool. There are problems . We don 't have the ability to scrutinize and organize Special Districts . We don't know how to negotiate w ith them and set up how to work with them on an equal basis ... on an equal foot ing . We don 't have the analyt ic tools currently . This is new to us . This is something that we are not doing ... ! haven 't seen it sitting out here before . We need an opportun ity just to develop those tools and understand what we are working with . We need to maintain our rights . We need to not jus t give them carte blanche to become their own municipality within Englewood without associating themse lves with us . We need to negotiate up front, rights to monitor their behaviors . Specifically, we need to maintain the right, as a City, to audit the Spec ia l D is trict. Yes , they are going to ... and on page 11 , number 9 , they are going to submit an audit to the State under General Account ing Principals . I audited for 17 years, so I can tell you that I can do a general accounting principals audit and it is not going to tell what you need to know as a City about what they are doing with their funds . So we need to maintain a right as a City to annually audit their proceedings . We need to require them to not only meet the States requirements for public publicat ion of their current status but we need to be able to make sure that what they are actually putting out there meets our needs as a community, so that we can be aware of what is going on within this Special District and we can be aware of any danger signals that there may be and how they are proceeding with their project. The other questions , and I think Laurett is right on this, is that in their statement on page 5 of how they total debt issuance statement, they are saying yes, the mill levy ... the bonds are going to be 17 mill , that is fine, but they are also granting themselves the right to other taxes and other revenue sources that they can determine . So we 've got five people , all developers on this project , who have the ability to tax not only to the bond needs , but they also say they can have other sources of revenue and other fees . That is very open ended . How do we control something like that? How do we understand and limit something like that with this current Plan ? The key issue, I th in k , that has come out and I have been sitting in your budget meetings and 1 want to say that you are really striving to make Englewood economically v iable and to maintain our standard of 1iving and I appreciate that. I have een in the budget meetings how difficult it is to make these decisions and I think that th is decision I hug and that we need to take our t ime and deliberate and understand what we are agreeing to 1n advance , o that w don't nd up try ing to come up w ith a way to support a development that did iot m t our xp ctot1ons b c u p rhap , to b honest , we are a little na'i've with the complexity of th is . And I Englewood City Council September 17, 2007 Page 16 resent, as an Englewood citizen , that th is company has known since 2005 that they were going to have to provide a Special District in order to get funding and at this point , they come to us and give us four days to look at the ir Service Plan and expect us to pass it without question . That seems to be extremely operating in bad faith . I think their negotiating , it seems , in bad fa ith to that point. We need to seriously take a look at this Serv ice Plan and make sure it meets our needs as a City going forward and not potent ially agree to something tha t may g ive us debt in the future . Thank you. Mayor Wolosyn said thank you. Mayor Wolosyn asked is there anybody else who would like to address the Council on this issue . Jill Wilson, an Englewood resident , said I agree that th is is complex . I realize that these developers are looking for a quick turn around as far as the elect ion . What is thei r drop-dead date that you may be able to look at it further and still have it be on the November election? I mean , would a week make a difference? Ms . Bear said it is the District Court hearing that is really driving the schedule ... mid-September is kind of our deadline for this , because this prov ides us with 40 days , which is the maximum amount of time that the Court can take to schedule that Court hearing and still get to the election . Ms . Wilson sa id so you are saying that it has to be done now, tonight , that a week would make a difference? Mr. Woodward said we don't have a meeting then . Ms . Bear said it is a Council. .. Ms . Wilson said but it could be a special meeting, couldn 't it? Mayor Wolosyn said you have to have a certa in posting , we couldn 't have a meeting ... City Clerk Ellis sa id but she was asking if you could have a special meeting ... t hat wou ld be up to Counc il. .. to consider the Resolution , is I'm assuming what you are talking abou t. But the next regular Council meeting is October 151 • It is very , very tight. Ms . Wilson sa id I don't know all the ins and outs of this, but I certa inly understand the concerns and that is my concern . And so , you know, maybe it would be helpful to ease people's minds if they had another week . So that is just a suggestion . And also, you know, advisement from the Attorney and the City Manager. Thanks . Mayor Wolosyn asked if anyone else would li ke to speak . There was no one . Mayo r Wolosyn as ked if Counc il had an y more quest ions . Council Member Moo re said we ended up getting in to a lot of the default scenarios that I wanted to consider and the last question was also getting on point , which is the timeline . For Council , you have to understand , we actually have a rule ... and the namesake is in the audience , the Kell 's Rule I understand , which is, we never vo te on the same n ight that we have a Public Hearing on a subject. Th is is very d ifficul t. On the one hand , I susp ec t that you guys view th is as just a financing tool and for us , none of us are that versed in these th ings and it is very intimidating to be faced w ith turning over , what is normally a municipal type power, and having to do it so quickly . So , I'm really torn ... you know I live right there and I want to see your development get going , but the timeframe for processing this information an d making the right decision is very difficult. That is what I wanted to ask ... Jill got to the question that I wanted to ask ... which is , is there any more time in the schedule that we can squeeze out of this so that Council has a fair chance to consider o r it may be that our dec is ion ton ight has to be it is either we are prepared to go tonight or we are prepared to make you wa it until May. I was hop ing that I would h ear that there is something in between . So far I am not hearing it. Ms . Be ar sai d based on Counc il's schedule . we re we delayed until th e beg inn ing of Octob e r, we would not be able to ma ke the Novem be r e lection . Council Member Mccaslin said what about a Study Session next week . There is no way to bring it up to vote on it at a Study Session or does that have to be a regular meeting? Englewood City Council September 17, 2007 Page 17 Mayor Wolosyn said first, would the 24t h help you any? Would voting on the 24th help? Ms . Bear said the 24th, we could conceivably still get to a November election . Mayor Wolosyn said before I open , so that we might consider the 24th, I am going to make my statement. You know , I don't have financial expertise , however, one of the things I've done in Council in 8 years is rely on the experts . This isn't something that we didn't know was coming. As you said, it was in the PUD . In August we had a presentation in Study Session, so for me , I know it is unfortunate ... the close timeline ... but a week isn't going to open my brain . I have to rely on the experts here . And with that said, as Mayor, I am willing to entertain ... once I know the logistics, if we did have a Special Meeting ... do we have enough time in a week to have a Special Meeting? If it makes the rest of the Council feel comfortable and it worked with your timeline , I would be willing to consider it. I would be willing to entertain a motion to that. I'm not going to make the motion . Council Member Oakley said I would be willing to go along with such a thing, if I felt that within the next week's time that we could get enough information that we do not have now and if it would make any difference . I certainly have to rely on members of staff that know more about this than I do, because I will be the first to admit that I am not that versed on it, to advise us of any pitfalls that we may encounter . All I want to do, is to protect the City. Now if we can work through that in the next week ... Mayor Wolosyn said what would it take for you to feel more comfortable ... because as I have heard it , we have had the City Attorney and the Finance Director tell us that the City is protected by this document , and even more protected than usual , in fact that our sales tax won 't be diverted . Mr. Oakley said okay, either I wasn't listening close enough or something, but I didn't hear it stated that strong . Mayor Wolosyn said that is why I asked you to ask it in here . Are you asking it now? Council Member Oakley said I am ask in g staff, yes, because I rely on staff. Council Member Barrentine said I would like to ask the City Attorney , is there any way, in this document that the City is not protected as to them not being able to vote themselves out of the tax , for them to annex themselves out , for them not to finish the project, for them to overburden it and make it something that the municipality might have to take over? City Attorney Brotzman said all of those are correct, except you have to understand that the Resolution is contingent upon the market study being provided . We don 't have that currently . It supports all the financial data . It makes sure that you don't have a developer that over reaches . That has to be provided to the Resolution ... requires that be provided to the City Manager and approved by the City Manager. With that caveat, the rest is, the City is protected . Council Member Barrentine said now we are totally bound by what they present. I have spent some time talking to some City Council people, both in Centennial and Littleton, to find out some of their experiences with some of these things and how they ended up being obligated . And it wasn't that they didn't do due diligence in trying to protect the City at the time ... they cannot. Once you give up part of our mun ici pal authority to somebody, you give up part of that municipal authority. We are talk ing about an awful lot of money. I would like to ask, because this was not a contingency of this development originally being approved, would you continue on with this development if you do not get the Special District approved? Mr. Foltz said it would be a difficulty ... I mean it would be difficult and it would force us to evaluate certain aspects of the project. Council Member Barrentine said then I would have to say that because the project ... I think it has been talked about since 2003 ... the project has sat, nothing has happened and I am a little d is concerted that the sign says Kent Place of Cherry Hills , there is a disconnect with th is community . And nothing has happened yet and we have kind of planned on that , that I already see some red flags that I am very concerned about. We aren't just bound by what staff says . I've spent some time on the in ternet and that is part of where I got the initial .. wh ile I Englewood City Council September 17, 2007 Page 18 am not purporting that I am an expert at th is, I have seen enough to scare the dayl ights out of me on what could potentially happen to us . It has been mentioned that there was a presentation done in August. .. it wasn't a presentation, it was two paragraphs on a piece of paper . That is all the information that we were given, plus what you said . Basically we were given four days to look th is over . Your emergency, in my op inion , cannot become my fire. I cannot advocate to get stuff done for you , more than I can advocate for what is best for our community . I just want you to understand that, that is where my responsibilities lie . And it is a tremendous amount of information and there are tremendous amounts , as Cynthia has brought up in her presentation , of examples, especially as Bob mentioned , that have any mix of retail in there, that have been disastrous ... have had a lot of problems . A lot of the retail ones ... Aspen Grove, Park Meadows for example ... have been successful , as retail special taxing districts , that is fine . I look at our neighboring communities and things like Littleton Station, where continually the price is be ing put down again and aga in for something that is a very nice project and a very nice area and they are not selling . And while I understand what Dan is saying ... that the marketability of this may have to be approved by the City Manager , we need to take that into account tonight in order to make our decision , because everything is contingent on you building that project out. It matters and the interest rate is more than likely going to go down tomorrow . We've got information about housing . It just doesn't look like it is going to be any better situation for you going forward, than it has been for it to sit empty for the last 2 , 3 , 4 years . If you have anything to address that, that is fine . Council Member Woodward said you know part of the interest rate that we are talking about. .. we are not talk ing about sub-prime interest rates here for this project. This is a different type of project. It is a different type of housing market. It is a d ifferent type of buyer . Ms . Barrentine said you know I was referring to the recess ion ... potential recess ion ... the potential problem w ith the housing market in general for I to 4 .5 mill ion dollar homes ; you are still talking about the housing market. That is what I was referr ing to . Mayo r Wolosyn sa id I th ink we are vee ri ng away from Wayne 's po in t here . Mr . Woodward sa id we probab ly are . Mayor Wolosyn said are we Wayne? Or is th is helpful to you? Council Member Oakley sa id at th is po int , anyth ing we say is helpful. Counc il Member Woodward said I think one of the points then is that if there was some other financing mechanism that you utilized and all of t hese bad th ings that have been brought up happened , would we be an y bette r off or in any d iffe re nt pos ition tha n we are by approv ing th is? And I subm it tha t we are certa inl y not any better off . Council Mem ber Barrentine sai d well si nce I broug ht that piece up, I ca n address that. Part of what they said in the limited presentation that we had in A ugust, I asked th em two questions . W ill you al ways have a controlling interest in the vote of this District and they said yes, because they will always own enough land. Two , they intimated that somehow this was a benefit to the purchaser and it is not. They will still sell these propert ies for the market value that they can , only they have been able to use a taxing vehicle in order to actually make more profit off of that property . Yes, it could put us in a ... they would not be as invested ... property owners wou ld have that tax burden on them . Yes , we could be worse off where they would have that debt on them the other way . We could be worse off. Council Member Woodward said I didn 't understand that. Council Me mber Barrentine said if they do the im provements and they pay for them, they are on the line for them . If they do the improvements and they use a taxing vehicle for it, they have made more profit off the sale of those homes and put the burden on the taxpayers who could end up w ith that and potentially us in trying to bail out, which is exactly what I th ink she said . Somebody owns a $200,000 .00 house and they owe $300 ,000 .00 in taxes . That is why . Council Member Moore said I want to clarify a question . Could you help point me to the ... is there a section that p k to charging beyond the 50 mills ... the fees, and ... I thought I heard page 5 , but I didn't see it. Englewood City Council September 17, 2007 Page 19 Ms . Bear said the Service Plan itself limits the amount of mill levy that we can impose for purposes of debt. Mr. Moore said okay. Ms . Bear said we have authorized, as part of the Service Plan, the ability of the District to impose fees and charges . Now that would be for purposes of operational necessity for the District. So, were we to take over a significant scope of operations for the District, we could impose an additional fee or charge to cover that, if the 5 to 10 mills that we are proposing is not covering it. Mr. Moore said where is that in the Service Plan, what page? Ms . Bear said if you go to page 7, at the very bottom . Mr. Moore said thank you . Ms . Bear said now we are , as a requirement of this Service Plan, also mandated to provide the City with an annual report, in any given year, that covers what we are doing with respect to operations, changes in District policies, you get copies of budgets, etc . So all of those kinds of financial parameters and operational components of the District will be provided to the City as part of that annual report. Council Member Moore said when it says fees, rates, tolls and penalties ... is there a limit on those that is maybe referenced in, I assume this is a State Statute, that limits it to literal administrative type costs or ... ? Ms. Bear said there is not an amount that is limited under Statute . The District can only impose those types of charges though for services and facilities that it actually provides . Mr. Moore said okay, that must be embedded in Colorado Statutes? Ms . Bear said yes, in Title 32 . Mr . Moore said okay. Council Member Moore said I will just add to the discussion . As I understand it, again this is a financing vehicle and it is being picked because of a variety of things , but one of them is, better interest rates, reduced cost. .. not passing this does hinder the project, in effect, by imposing additional costs on the developer or the owners or whomever it ends up covering . So , on the flip side of not doing it, is the burden of the developer of asking for having them bear the cost of a less efficient form of financing? Whether this is a good tax break or not is not our question, it is a tax break provided at the Federal government level , and you can 't turn your head to it. Mayor Wolosyn said I would add that we want people to invest in our community . Quite frankly, I am very pleased that Continuum took over the project when they did . And therefore , I support it because , as I said, I may not know about financing, but I've seen your projects and they are successful and I have confidence that you are not going to turn around and sell it because you don't, you hold properties and you prosper in a community with the community. Council Member Tomasso said at what point does your Board get watered down by owners, as opposed to developers? How many owners do you have before they equate the developer? Ms . Bear said if it is a 5 person Board in the financing district , as soon as we have residents or other property owners move into that D istrict, as soon as there is an election , they can run for the Board . Now, the more realistic problem we have is getting people interested . Mr. Tomasso sa id so if you had 10 res idents and 5 representatives of the developers , 5 could elect themselves and become resident directors of the Board . Ms . Bear said it is based on a majority vote of all of the eligible electors at any given point in time . Mr . Tomasso said so if you've got 20 residents and you add 5 representatives of the developers, those residents could take over from the developer and run the project , at that point. Ms Bear said they could . Council Member Barrentine said does it go by eligible elector or the amount of property you have? Ms . Bear said electors . Ms . Barrentine said okay. Council Member Woodward said so if I own 10 units , I still only have one vote? Ms . Bear said you do . Council Member Moore said I believe we have enough information to move onto th e resolution later , so I making a mot ion that we close the Public Hearing . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING REGARDING KENT PLACE METROPOLITAN DISTRICTS 1 AND 2 . Ayes : Nays : Mot ion c rn d nd th Council Members Barren tin e , Mcc a sl in, Moore, Wolosyn, Woodward , T oma ss o , Oakl ey N one public hearing closed . Englewood City Council September 17, 2007 Page 20 ***** The meeting recessed 9 :13 p.m . The meeting reconvened at 9 :21 p.m . with all C ity Council Members present. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Read ing (i) and (i i) Director Black presented a recommendation from the Parks and Recreation Department to adopt a bill for an ordinance (Council Bill No . 52) authorizing an Intergovernmental Agreement defining joint respons ibility between the City of Englewood and Arapahoe County for the Duncan Park acquisition grant. Director Black also presented a recommendation from the Parks and Recreat ion Department to adopt a bill for an ordinance (Council Bill No. 53) authoriz ing an Intergovernmental Agreement defining joint responsibility between the City of Englewood and Arapahoe County for the Belleview Park shelter improvements grant. Director Black said , as you are aware, we have received two grants from Arapahoe County Open Space , one for $250 ,000 .00 for the acquisition of Duncan Park and another for $137 ,300 .00 for replacement of the shelter at Belleview Park. Council Bill 52 and 53 formalizes the agreements w ith Arapahoe County for the acceptance of the funds and the requirements to the City and the requirements by Arapahoe County for acceptance of these funds here . City Council has passed a contract for deed on Duncan Park ... that is in place . We have met with City Council to discuss the Belleview Park renovation plan , which includes the shelter replacement there and, as I sa id , this agreement with Arapahoe County just formal izes our acceptance of the funds and the requirements there . Mayo r Wolosyn asked if there were any questions for Jerrell . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 52 AND AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 53. COUNCIL BILL NO . 52 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENT AL AGREEMENT REGARDING 2007 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS FOR DUNCAN PARK ACQUISITION BETW EE N ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD , COLORADO . COU NCIL BI LL N O. 53, INT RODU CED BY COUNCIL MEMB ER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING 2007 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS FOR BELLEVIEW PARK PICNIC SHELT ER IMPROVEMENTS BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD , COLORADO . Mayor Wolosyn asked if there was any discussion . There was none . Vote resu lts : Motion carrie d . Ayes : Counc il Members Barrent ine , Mccasl in , Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn sai d thank you Jerrell. Director Black said than k you very much . Englewood City Council September 17, 2007 Page 21 (iii) Commander John Collins presented a recommendation from the Department of Safety Services , Police Division, to adopt a bill for an ordinance authorizing and approving the acceptance of the Justice Assistance Grant in the amount of $21,756.00 . He said we solicited the Bureau of Justice Assistance Grant and we were awarded the amount of $21,756 .00 . My goal is to use those monies to purchase approximately 10 laptop computers for the Detective Bureau . That will replace the desktops that they currently have . It is a non-matching grant, so there is no cost to the City . Mayor Wolosyn asked if there were any questions or comments . Mayor Wolosyn said well done . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 55. COUNCIL BILL NO. 55, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF "THE JUSTICE ASSISTANCE GRANT" BETWEEN THE CITY OF ENGLEWOOD AND THE JUSTICE ASSISTANCE PROGRAM FOR THE PURCHASE OF LAPTOP COMPUTERS. Mayor Wolosyn asked if there were any questions or discussion . There were none . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Commun ity Developmen t Department and the Finance and Adm inis trat ive Services Department to adopt a resolution cond iti onally approving the Service Plan for Kent Place Metropolitan District 1 and 2. He said in the Council Communication , I have listed those requirements that are to be filled and acceptable . Those are also included in the Resolution and as stated, this is a conditional approval and those conditions are listed under Section 4 and they are items I, 2 and 3. Mayor Wolosyn asked if there were any questions for Frank . There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 88 , SERIES OF 2007. RESOLUTION NO . 88, SERIES OF 2007 A RESOLUTION APPROVING THE CONSOLIDATED SERVICE PLAN FOR KENT PLACE METROPOLITAN DISTRICT NO . 1 AND NO . 2. Council Member Woodward said I would like to offer an amendment. And that is that , as I mentioned earlier, I would like to delete the word "reasonable" and add the words "its best" under number 9 on page 11 of the Service Plan and page 2, number 9 of the Intergovernmental Agreemen t. Englewood City Council September 17, 2007 Page 22 Mayor Wolosyn said Ray, can we accept that? He replied yes, that is acceptable . Mayor Wolosyn asked if there was any discussion . Council Member Barrentine said I will be voting no against it. I feel there should be a lower limit on it. .. on the mill . I think we should have had the opportunity to put a dollar limitation on this . I think it is wholly inappropriate to change our process and vote for something right after the Public Hearing and make an exception on this when they had a minimum of 2 years to have come to us and done a much better job of presenting information, so that we could make an informed decision for this community . I think it is totally irresponsible to only spend four days on this and have their fire become our emergency, so I will be voting no . Vote results: Ayes : Council Members Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : Council Member Barrentine Motion carried and Resolution No . 88, Series of 2007 was approved as amended . Mayor Wolosyn said thank you guys for giving such a detailed presentation and I look forward to working with you in our community . Thank you . 12 . General Discussion (a) Mayor's Choice Mayor Wolosyn did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member Moore said just follow in g up on a public comment from Mr . Waggoner, can we just get a refresher on where any monies are that were set aside for the Depot? Thank you . Mayor Wolosyn said I can actually answer that question. It was my first budget ... I might as well tell it right now because it was such a lesson to me . The budget of 2000 , there was a crunch somewhere and it was set aside in the PIF, I believe, and it was moved over . And it was a big lesson for me ... you know, watch your children ... watch your projects . But I think , you know it has been sitting there too long and maybe there is some other approach we can take with it and talk about it. (ii) Council Member Oakley: 1. He said I would also like to comment about the Depot. I was involved when it was moved and it is a shame that It has sat there that long . However, it hasn't come up since I've been on Council and I am as bad as anybody, as it was just in the back of my mind and there it set. I would like to see us, at least, discuss some future uses for it on one of the agendas coming up . 2 . He said I voted, with reservations, on the Kent Place project, but I want to see it move forward so that was the crux of my vote . (iii) Council Member Woodward : 1. He said I would like to address the High School's Homecoming Parade and the $273 .00 . I would like to look at taking that money out of the City Council Budget. I think we have some funds left in our discretionary fund and we could utilize that $273 .00 to partner with the schools . I think it is great that the new Englewood Middle School and the two elementary schools , which I assume are Clayton and Cherrelyn , and then bringing it down to the Hig h School. I think this is a way we can partner with the schools on Homecoming and I would like to propose that . Englewood City Council September 17, 2007 Page 23 Mayor Wolosyn said does anybody have any objections going that direction . Since there were no objections then we will do it. Mr. Woodward said great. 2 . He said we dedicated the in -line park on Thursday evening over at Englewood Middle School so we have a brand new in -line park and there were some young hockey players over there having a great time . It looks like a really good park where a guy like me could really get hurt. 3 . He said I just wanted to mention that Kells has ... and Wayne wasn't here ... but Kells has brought up the Depot before . I remember specifically over at Romans Park, at a boards and commissions appreciation, that he did bring it up and since then , I don't think anything has been done . So, it certainly is time again . Thank you . 13 . City Manager's Report (a) City Manager Sears said I have just a very brief report . This evening there was a chlorine gas leak and Fire Division Chief Mike Pattarozzi has been on top of that issue . I have asked Mike to just give a brief report about where we are and there will be a full report tomorrow to the Council. Chief Pattarozzi said late this afternoon, about 4 o'clock , Sheridan Fire went over to 2100 West Oxford, which is Western Metals on a report of a leaking chlorine cylinder. On their arrival, they decided that they needed more help. They asked for our help and also for Littleton Fire . Ultimately, it was decided that the best way to control the problem was to detonate the chlorine cylinder and then control the vapors with water streams . The only evacuation that had to be done was a few employees of the Golf Course and some people who were still out on the course . So, they were removed, Oxford was shut down and the cylinder was detonated by the Arapahoe County Bomb Squad . The controlling of the vapor cloud didn 't go quite as well as they thought it would and that is why I have been coughing in the back. We had three patients that were exposed to chlorine and were treated and transported to the Swedish Medical Center ... two people from a private ambulance and one Arapahoe County Sheriffs Deputy. I just spoke with our EMS coordinator and they are all doing fine . There will be a press release out tomorrow on this . Mayor Wolosyn said thanks . 14 . City Attorney's Report City Attorney Brotzman did not have any matters to br ing before Council. 15. Adjournment / MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at 9 :35 p.m . ~1~ City Cieri( PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: October 1, 2007 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS -_, "' ' TOPIC ~« : £2oo ly3o>,_ 2R z. t tfz ;r<J II JJ l. \ 5: I< <c-T~ 13 o iLY'j I<. e N7 o v cJ.-L l\ l\ l \ I\ (.,( t ( ---0 \ Jq,,. . Petition "'Ummary and background Action petitioned for Prtntad Name Petition to,r:emove ska~ ~rdiQg facility--~ ~ Due to the excessive noise, the more then average amount of trash on the streets and by t 1 n~ ~.,Jo associated with the facility. • • pJ~~t~ Cushing park. .. , · Signature Address ':,-Z. q () ~6 3~c/D J ,6.aJ ·32JD S Comment Date ~-/o-~ G, -il:> -e:7 4---i 0.,o 1 ·-, [ Ir ..- 1~ /{J --O / ~ /f-fAvJ' VPEa/tf' w4-#/J(/ ?I/ µt;, f R S"l'ff/r-X1'1.L_(i.. __ }f g-?-" 7 ~-{Lc'f] 2 -7-0 7 Petition summary and background Action petitioned for f_. /1; 1/ V A ~~-c. K ~\t ~ PETITI ON TO REMOVE SKATE BOARDING FACILITY Due to the excessive n o i se , i ncreased trash on the streets, and the increased crime associated with the facility. We, the undersigned, are concerned citizens who urge our leaders to act now and remove the skate boarding facility from Cushing Park. Address s Z. 7c 'S'. G "'-' ...,.._. S-.} -.. . Comment Date f2b~~ ~lfo7/o ..s"k""1c CV'r I< u~~ ~ ~1£o,...k vc:......l:. <;~ w... J2.,-,..,. ~' \:.. ...,.,\,""-¥ c ... i.., ..... 1-.. ~"' v.,\-'r,,..._I(,......._ • - " 'l'o~)7 g'/f-{}J Y-7-u7 V ' C{-7--o~ ~~--~-~-4!.~ I~ ?JZtCf S.~I ,,,f-. ~~""'-'!._ <l'--=f-o~ s2. Ct ,o 'S'. S~ Jvcl '\rt_ +k IS~'h:..., tL I fl}-l 07 3 2-7"0 S' 6 g,-Tv Printed Naltle Signature Address Date .. , __ Al :,{,··y"' Hr 1//~"' 1 z-1s -0 / Pua..M tff-..J nctL ~,f +fu Sk-cit Pttrk,. J1101.7'h ) txrinu ,ni ;uv 11 ·15 · v-=r l~Jd I ,td'h )qD 5 . ·Wrb;'\ 'S{ I f~-fv\O~ ')\o.,k-V\i.;.;'<\ I ~ .. -~s;-o-C• 1Jor1'1\,-e. uJes77'-. 3 °' Cf 1 .5 j,i-.L'Lc7\ £{-I K ~ -~ ~ .a.ileA1ti . t ,. -to ~ J.u1' .~i.(;_L,--e_ ~. '1 -6 o- .J 9.-ci, , J H-u.. '1c"" -4:f-- -·,tlA-J Jk~ J 17 t> Jt. ;/"-~; tv fr I ~J1i,,,-/ y fVRc:K-q~;5~ ... 3 ~ f'J ~s; #.tvie7':gt 11;; fr1vtl u'-~ q~ ;.i;,-f', '(J c onf Rationale for petition: The excessive noise created by the skateboarders riding and flipping their skateboards up and down the street while going to and from Cushing Park is disruptive to the daily lives of the residents of the area. A large percentage of these boarders regularly shout and use profanity while going up and down the area streets. The engineer designed the skateboard ramps using a steel skinned surface on a hollow wood structure. When hard plastic wheels hit this type of surface it is similar to pounding on a metal trash can with a mallet. Due to the overall mild weather during the winter months, this noise is ongoing throughout the year . Residents of the north end of the 3200 block of Galapago and Huron have complained about noise as late as three o'clock in the morning from skaters at the skate park . The majority of those using the skate park are not local residents, but rather come into the area on the light rail trains . The residents of the immediate area have noticed, and have had confirmed by Englewood police, an increase in perceived drug trafficking . The residents have been told by Englewood police officers that the park is difficult to patrol because of its lack of easy accessibility. This has made many of the local residents hesitant to use the park for relaxation and recreation. It is the belief on many of the local residents that this drug traffic is in part a result of the influx of non-local users of the skateboard park . Proposed solution: The signers of this petition would recommend that the City of Englewood remove the skateboard park from Cushing Park and relocate it to the northeast area of Miller Field . This would allow the City to build an additional pavilion/picnic shelter for family and community events . The rent from this additional pavilion could offset the cost of moving the skateboard park and building a new pavilion. By locating the skateboard park in Miller Field it could be observed and controlled more easily by the Englewood Police Department as well as the Parks and Recreation Department. PROCLAMATION WHEREAS, the Englewood Bible Church, formerly known as First Christian Church of Englewood, will celebrate its 100th Anniversary on October 14, 2007; and WHEREAS, the Englewood Bible Church is holding a special celebration service on Sunday, October 14, 2007 from 9:30 to 11 :30 am -a "grand reunion" as people celebrate the life of the church and the community; and WHEREAS, the Englewood Bible Church has been an important part of the Englewood community since its beginnings; and WHEREAS, the Englewood Bible Church is recognized as a true community partner, collaborating with the City of Englewood to help wit~and be a part o~community events; and ) WHEREAS, the City of Englewood wishes to honor the Englewood Bible Church for the important role it plays in the community and recognize the church on the noteworthy occasion of its 1 oath Anniversary; NOW, THEREFORE, I, Jim Woodward, Mayor Pro Tern of the City of Englewood, Colorado, hereby congratulate the Englewood Bible Church on the very special occasion of its 1 oot" Anniversary and offer our heartfelt gratitude to the church for its special contributions to this community. Residents of the Englewood community are encouraged to help the Englewood Bible Church celebrate this noteworthy accomplishment at the special celebration service on Sunday, October 14, 2007. GIVEN und er my han and seal this 1st day of October, 2007. Jim Woodward, Mayor Pro Tern 8a PROCLAMATION WHEREAS, the City of Englewood is committed to ensuring the safety and security of all those living in and visiting our city; a nd WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the loc atio ns where people are at the greatest risk from fire; and WHEREAS, the nonprofit National Fire Protection Association (NFPA) has documented J through its research, that cooking is the leadi ng cause of home fires, with one out of every three h'om e fires begins in the ~tchen; and WHEREAS, the City of Englewood's firefighters are dedicated to reducing the occun-ence of home fires and home fire injuries through prevention and protection education; and WHEREAS , Englewood's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, using prop er care with candles will have a positive effect on the home fire problem; and WHEREAS, each cooking fire that is prevented in Englewood is an opportunity to prevent painful injury and costly property damage; and WHEREAS, have a home fire escape plan and practice your escape plan which help~o assure that everyone in the home makes escape safely; and WHEREAS, the 2007 Fire Prevention Week theme , "Practice Your Escape Plan", effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round; NOW THEREFORE, I, James K. Woodward, Mayor Pro Tern of the City of Englewood, Col ora do , hereby proclaims the week of October 4th through 13th, 2007 as: FIRE PREVENTION WEEK throughout the City of Englewood, olorado and I urge all the citizen of nglewood , Colorado to heed the important safety messages of Fire Prevention Week 2007, and to support the many public safety activities and e fforts of E lewood Safety Services . and sea l this I st day of October, 2007. Jame K. Woodward, Mayor Pro Tem 8b PROCLAMATION WHEREAS, domestic violence is a serio us crime that affects people of all races, ages, gender, and income levels; and WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security and humanity due to the systematic use of physical, emotional, sexual, psychological and economic control or abuse; and WHEREAS, domestic violence does not discriminate based on race, age, sexual orientation, religion or gender but happens to couples who are married, living together or dating. It happens to couples who have separated or divorced. It affects people of all socioeconomic backgrounds and education levels; and WHEREAS, domestic violence is not a private family matter -it is a crime. It affects not only those who are abused but also affects family members, friends, co-workers and the community at large. Children who grow up in the midst of violence have a much higher incidence of depression, suicidal tendencies , eating disorders, and many other devastating symptoms; and WHEREAS, in our own community, Englewood Municipal Court handled 201 domestic violence cases in 2006, and Tina Esparza, one of our own Court Clerks, was murdered at the CityCenter in a domestic violence incident. This has personally affected all City employees; and WHEREAS , as citizens of a law -a biding and just society, we must make a commitment to eliminate domestic violence, to raise awareness of this crisis in our communities, to help victims break free from the cycle of violence, and to hold offenders accountable for their crimes. NOW, THEREFORE, I, James K. Woodward, Mayor Pro Tern of the City of Englewood, hereby proclaim October as Domestic Violence Awareness Month in the City of Englewood. GIVEN under my hand and seal this 1•1 day of October, 2007. James K. Woodward, Mayor Pro Tem Be PROCLAMATION WHEREAS, the National Federation of the Blind (NFB) was founded in 1940, to end discrimination against the blind and to secure first-class citizenship for all blind persons ; and WHEREAS, today the Federation, representing more than fifty thousand members across the country, continues to work to secure equal rights and opportunities for the blind; and WHEREAS, the National Federation of the Blind works to change attitudes about blindness by providing information about blindness to parents, teachers, school administrators, and business, political, social, and civic leaders; and WHEREAS, since blind people and blindness are still frequently misunderstood, the National Federation of the Blind has developed a public education campaign, "Meet the Blind" Month, to create opportunities for the people of Englewood to learn firsthand that blind people are basically like everyone else; and WHEREAS, the Colorado affiliate of the National Federation of the Blind, now in its 53rd year, invites neighbors, coworkers, and classmates to join them at various "Meet the Blind" events throughout the month of October to learn how blind people lead full and active lives ; and WHEREAS, the National Federation of the Blind of Colorado established the Colorado Center for the Blind in 1988 to provide blindness skills training for blind adults, youth and children in the areas of independent travel, home management, Braille, adaptive technology and many other areas of daily life ; NOW THEREFORE, I, James K. Woodward, Mayor Pro Tern of the City of Englewood, Colorado, hereby proclaim the month of October, 2007, as: National Federation of the Blind MEET THE BLIND MONTH and urge all the citizens of the City of Englewood, Colorado to accept this invitation to meet members of the voice of the nation's blind, the National Federation of the Blind. GIVEN under my hand ands l this 1st day of October, 2007 . K . Wo~dward, Mayor Pro Tem 8d ' ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING 2007 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS FOR DUNCAN PARK ACQUISITION BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council authorized the City's purchase of Duncan Park from the Englewood School District with the passage of Ordinance No. 42, Series of 2007; and WHEREAS, the City intended to acquire Duncan Park with monies received as grants from Arapahoe County Open Space and Gr~_at Outdoors Colorado; and WHEREAS, the City of Englewood applied and was awarded a 2007 Arapahoe County Open Space Program Grant; and WHEREAS, the passage of this Ordinance will authorize the acceptance of the Arapahoe County Grant for the Duncan Park Acquisition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The "Intergovernmental Agreement Regarding 2007 Grant of Arapahoe County Open Space Program Funds Project Name: Duncan Park Acquisition", attached hereto as Attachment 1, is hereby accepted and approved by the Englewood City Council. Section 2 . Pursuant to Article V , Section 40, of the Englewood Home Rule Charter, the City Council has determined that Exhibit A, attached to this Ordinance, shall not be published because of its size. A copy is available in the Office of the Englewood City Clerk. Section 3. The Mayor and City Clerk are hereby authorized to sign and attest said Agreements for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 17th day of September, 2007 . Published as a Bill for an Ordinance on the 21 51 day of September, 2007 . Read by title and passed on final reading on the 1st day of October, 2007 . - 9 bi Published by title as Ordinance No . _, Series of 2007, on the 5th day of October, 2007. James K. Woodward, Mayor Pro Tern 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 the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2007. Loucrishia A. Ellis INTER GOVERNMENT AL AGREEMENT. REGARDING 2007 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: DUNCAN PARK ACQUISITION This Intergovernmental Agreement ("Agreement"), is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, ST A TE OF CO LORA.DO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee"). WHEREAS, on November 4, 2003, the voters of Arapahoe County approved a county- wide sales and use tax to be used for specified Open Space purposes as set forth in County Resolution No. 030381; and WHEREAS, Resolution No. 030381 authorizes the Cg_unty to award grants 9f funds from the Open Space Sales and Use Tax ("Grant Funds ") to be distributed to rt'IT.micipalities and special districts, as more fully set forth therein; WHEREAS, on May 29, 2007 the County approved the Grantee's Project Application, which is attached hereto and incorporated by reference herein as E x hibit A, ("Project Appl ication"), subj e ct to the e xecution of an intergo v ernmental agreement and subject to the terms and conditions contained herein; WHEREAS, the County desires to enter into intergovernmental agreements, as a condition of grant approval, with such municipalities and special districts that have been approved for grants from the County; and WHEREAS, these intergovernmental agreements are authorized by A1ticle XIV, Section 18 of the Colora do Constitution and COLO . REV . STAT . § 29-1-203. NOW, THEREFORE, th e County and the Grantee agree as follows: 1. 2. 3 . Amount of Grant. The County agrees to provide Grantee with Grant Funds in t he amount not to exceed $ 250,000 from the Arapah oe County Open Space, Parks and Trails Grant Program for the DUNCAN PA R K ACQ UIS ITION ("Grant Project"). U s e of Grant Funds. The Grantee agrees th at it shall onl y use th e Grant Funds for the Grant Project, as set fo1th in Exhibit A. Time For U se of Grant Funds . T h e Grantee agrees that suc h G rant Funds w ill be xpe nd d by no late r than one year from the date of this Agreement , un less a lo n g er peri d o f time is oth rwis agreed to by the County in writing . -- A t t a C h m e n t 1 '} 4. ..f!lc,·e . l l_n --B!-lheu T " Grant ee he a,rees ha . a 1rr rec•, J n, If s '"""' l 1, 1Mt ·c d i! ,se un i mere " came on th e G rn nt on , fi r th · l e, nt 10 1t t u. !->e t r n h 1 1 ih a ro ve d gran a J cat 1 . 5. ), t 1l" ~ r ant ) rvy;: t i f I Jl Gran t · UJ1d s 'Wc1 rd<: l:i_ 7. 1ou r s \'rT Jtren I o t cc t th ~ 1rai t ee , w mJ <" s ir-.. i-its be~ re, l urr n u . ::in :c r 1 r::ime e agree _ t a c ·11(1wJedg th 111 al l 1u bi1 call on . n·~w s rcl··:1. ,,_ rir Co um _ tl ! lie >St!> im e r 1m e . a n I ,' n di1 i "'n h J • 1i1 .1 r 'l' rt final pnj e 1 : JJ J1,lr) l a1 is' i:s ': th hu ug raph s o 1h e ,·ario s 1 er:; f h .. • Gr.1 11 P1 '.I ',I d • ,,/"I"' JJt , JJKI d,n,, a hotog raph of the Granr r,:i "t .11 th • "'" ,,, """J let,,,,, 11 c C 'u u, y sha ll be allo" ed to u the Jh , e ph,,t,,gr.1phs 11 J111l ,J 1c ,11 '"" , J1t1l 1iic in •mnat io n updates, and on the ou111i "<'I si,,·. 111 < "·"" • 111111 ,., :ig,cc, tn provide the County with n ele If< nic "I')' M the lin,11 1 l J 1,11 dlld p, 1111:L t •,umnwry along with digital photogr i: hs . l' 4. Interest on Grant Funds. The Grantee further agrees that, after receipt of its Grant, the Grantee will use any interest earned on the Grant only for the Grant Project as set forth in its approved grant application. 5. Administration of Grant Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost overruns on the Grant Project. Nor shall the County shall have any duty or obligation to provide any additional funding for the Grant Project if the Grant Project ca1mot be completed with the amount of Grant Funds awarded by the County to the Grantee. 6 . Grant Project Site Visits . Upon 24 hours written notice to the Grantee, the Grantee agrees to allow the County to make site visits before, during, and/or at the completion of the Grant Project. 7 . Acknowledgement of County by Grantee. The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications, news releases and other publicity issued by the Grantee felated to the project and agrees to allow the County to do the same. If any events are planned in regard to the Grant Project , the County shall be acknowledged as a contributor in the invitation to such events . Grantee shall cooperate with the County in preparin g public information pieces , pro v idin g photo s of the Gra nt Proj e ct from time to tim e, and pro vidin g a ccess to th e G ra nt Proj ec t fo r publicity purposes. 8 . Require d Sign at Proj ect Site . Grant e e agrees to erect at lea st one si gn in a publicly visible area in recognition of the g rant from the Arapahoe County Open Space Pro g ram . The loc a tion, form , design , and wording of such sign shall be appro ve d by the County . Such sign shall be erected pri or to th e compl etion of th e G ra nt P ro j ect or its publi c o p e nin g, w hi c hever is th e earli er. 9. R eport Requi rem ents. On o r before Dec ember 31 , 2007 th e Grantee agr ees to provide the County with a n annua l up dated report th at d escribes t he amo u nt of progress in completing the Grant Project, Grant Project mi lestones, and the use of the Grant Funds to date. Upon completion of the Grant Project, the Grantee also agrees to submit to the County a final report, including a Jetter that certifies what the Grant Funds have been used for and that the Grant Funds have been used in accordance with County Resolution No. 030381. In addition to the final report , Grantee shall also submit to the County a final project summary that discusses the Grant Project and includes photographs of the various stages of the Grant Project development , including a photograph of th e Grant Project at the time of completion. The County s hall be allowed to use the above photographs in publications, public information updates, and on the County web site . The Grantee further agrees to provide the County with an electronic copy of the final report and project summary along with digital photographs . 2 10. Failure to Submit Required Repo11s. Upon written notice from the County's Open Space Manager, informing the Grantee that it has failed to submit any required annu al update rep011 and/or final report , the Grantee shall submit such reports to the County through the County 's Open Space Manager within thirty (30) days , and, if it fails to do so , the Grantee shall be deemed to be in violation this Agr eem ent. The Grantee shall be ineligible for any future Grant Funds, until and unl ess such reports have been submitted to the County 's Open Space Mana ger. 11 . Record Keeping Requirements . The Grantee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representatives shall have reasonable access to any books, documents , papers , and records of the Grantee which are pertinent to the Grant Project for the purpose of making an audit, examination, or excerpts. The Grantee shall keep all books , documents, papers, and records , which are pertinent to the Grant Project, for a minimum of three years. 12. Reimbursement of Grant Funds. The Grantee understands and agrees that if the Grant is not used in accordance with its approved Grant Application and/or this Agreement, the County may require the Grantee to reimburse the County in the amount of such Grant Funds that are not used for the Grant Project. 13 . Remedi es. The ri ghts and remedi es of the Count y as set forth in thi s Agreem ent shall not be exc lusi ve and ar e in addition to an y other rights or remedies provid ed by law. 14. No Waive r o f Right s. A wai ver by ei ther part y to this Agr eement of th e breach of any term or pro vision o f this Agreement shall not operate or be con stru ed as a waive r of any s ub se qu ent brea ch by ei ther part y. 15 . Changes to Gra nt Project. The Gran tee agrees and und erstand s tha t its Gra nt Project, o nce it has bee n approved by the Cou nty, may no t be change d wit hou t th e County's prior approval. Changes must be requested in wr iting and may not begin until an amendment to this Agreement has been approved by the County. 16. Transfer of Interest in Grant Project. The Grantee understands and agrees that no land or interests acquired with the Grant Funds as part of the Grant Project may be so ld, leased, traded, or otherwise conveyed, nor may an exclusive license or permit on said land or interests be given, without prior approval of the Grantee's g crning body after conducting a public hearing. The Grantee further agrees if su h sa le , lease, trade or con eyance is made or an exclusi e license or intere st has been give n, the proceeds shall be deposited in an open space fund to be used for purposes cons istent with Reso luti on No . 030381 . 17. Rel.iii ns hi of the Parties . The Grantee shall perform all duties and obligations und ·r thi Agr ement as an indep ndenl contractor and hall not be d emed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the County. 18. No Third Pa11y Beneficiaries. Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third pa11y, including, but not limited to, any agents or contractors of the Grantee . 19. Scverability. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the parties hereunder. 20. Written Amendment Required. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the County and the Grantee. 21. Venue . Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 22. Notices . Notices , as referred to in this Agreement , shall be sent to : COUNTY: CITY : Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, Colorado 80166-0001 and Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80166-0001 and Arapahoe County Open Space Manager Arapahoe County Public Works and Development Department 10730 Eas t Briarwood A ven ue , Suite I 00 Centennial, Colorado 80112-3853 and Jerrell Black Director, Parks and Recreation ity of Englewood I I 55 W . Oxford Ave . Englewood, CO 80 I 10 4 23. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 24. Extent of Agreement. This Agreement constitutes the entire agreement of the parties hereto. The parties agree that there have been no representations made regarding the subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 25 . Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 26. Incorporation of Exhibits. Unless otherwise stated in this Agreement, ,any exhibits, applications, resolutions , or other documents referenced 1n this Agreement shall be incorporated by reference into this Agreement for all purposes . 27. Section Headings . The headings for any section of this Agreement are only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 28. Signatures. The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities. IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as of the date set forth below. DATED this 21st day of August, 2007 . ATTEST: By: ___________ _ City Clerk Loucrishia A. Ellis ATTEST: By: ___________ _ Nancy A. Doty, Clerk to the Board GRANTEE: By : _____________ _ Name Title James K. Woodward Mayor Pro Tern COUNTY OF ARAPAHOE STA TE OF COLORADO By : _____________ _ Bob Toll, Open Space Manager, Pursuant to Resolution # 070462 6 ( Exhibit A 2007 Arapahoe County Open Space Grant IGA 2007 ARAPAHOE COUNTY Open Space, Parks, and Trails Grant Application Application Name : Project Name: Contact Information : City of Englewood Duncan Park A cquisition Gary Hultberg, Recreation Manager Department of Parks and Recreation 1155 W. Oxford Avenue, Englewood, CO 80110 303-762 .2684 ph, ghultberg@englewoodgov .org TABLE OF CONTENTS Section ,,~.... -·~ ... ·-·~-·••.. _. ... _ ............ __ .. _, ·-··---~ ... A... -- Part A. Contact and General Project Information Part D. Park Projects Part F. Detailed Project Narrative and Selection Criteria Part G. Budge~ ~ Part H. Letters of Support Part I. Maps Arapahoe County Open Space, Parks and Trails Grant Application Page 2 of 18 Pase Number Page 3 Page 6 Page 7 Page 10 Page 14 Page 11 Arapahoe County Open Space, Parks and Trails Grant Application Part A -CONTACT INFORMATION Project Type: XX Parks D Open Space D Trails D Other (please describe) Name of Project: Duncan Park Acquisition APPLICANT INFORMATION Date : 2/20/07 Name and Address of Applicant and Primary Contact Person : Gary Hultberg, Recreation Manager City of Englewood, Department of Parks and Recreation 1155 W. Oxford Avenue, Englewood, CO 80110 ~ Phone: 303.762.2682 Fax : 303.7S2.2688 Email : ghultberg@englewoodgov.org Name and Address of Partners and Primary Contact Person : n/a Applicant Federal Employer ID Number (FEIN): 84-6000-583 Signature of Authorized Agent: I, Jerrell Black, Director of Parks and Recreation, hereby affirm that I am the authorized agent for the City of Englewood , which is applying for the grant as described herein, and that I am legally authorized on behalf of the City of Englewood to apply as its agent for this Arapahoe County Open Space , Parks, and Trails Grant. =-- Signature of Authorized Agent GRANT REQUEST Amount Requested (round off figu re to nearest $100): Total Project Cost Grant Request Matching Funds $1 ,350 ,000 * $ 250,000 $1 ,100 ,000 *Based on Enolewood School's aooraisal Arapahoe C ty Open Space , Parks and Trails Grant Application Page 3 of 18 Duncan Park Acquisition The City of Englewood seeks to acqu ire ownersh ip of approximately 3 .3 acres of land presently owned by Englewood Schools . The land , formerly an elementary school s ite, has been leased to the City of Englewood and operated as a neighborhood park since 1978. Excluded from the City lease is the 6, 126 square foot school building that Englewood Schools leases to a local church as a childcare center. Englewood Schools has publicly announced its intention of selling the entire site . The property is zoned R-1 B (medium lot size , single dwelling unit residential district). Permitted uses under this zoning include single family residential, small group living facility , park , religious assembly and school. Although a significant portion of the property is used as a park, the park is not dedicated and a developer could remove the improvements and construct single family homes . The City of Englewood has identified the acquisition and continued use of the site as a public park a high priority. Duncan Park is the only park serving the southeast area of the City. Representatives from Englewood 's City Council and Englewood School Board are presently negotiating the sale of the property. PHOTOGRAPHS Southwest comer of park looking east Arapahoe County Open Space, Parks and Trails Grant Application Page 4 of 18 .--------------- Northwest corner of park looking southeast PROJECT LOCATION INFORMATION City/District: City of Englewood Section/Township/Range : 20 77 -1 0-4 -14-001 /5S/68W County Comm issioner D istrict #: 1, Susan Beckman LAND OWNERSHIP Name of Landowner: Englewood Schools Evidence of ownership or easements for trail corridor/conservation easements : D Enclosed X Will forward if requested Arapahoe County Open Space , Parks and Trail Grant Application P g 5 of 18 D Not yet available (Explain) Part D -PARK PROJECTS PROJECT INFORMATION X Neighborhood Park D Sports Fields D Picnic Facilities o Other ________ .....;o Other ________ _ D Part of a larger Open Space or Park project PARKS ACQUISITION Gross Acreage 3.31 acres Proximity to existing Open Space or Parks (miles) Big Dry Creek Trail Belleview Park Centennial Park Englewood Golf Course Arapahoe County Open Space, Parks and Trail Grant Application P ge 6 of 18 D Park Expansion .5 miles .7 miles 1.25 miles 1.25 miles D Part F • DETAILED PROJECT NARRATIVE AND SELECTION CRITERIA 1. Project Description 30 Points A. Please discuss how this project preserves, improves, or restores urban or rural open space, natural areas , agricultural and ranch lands, vistas, ridgelines , floodplains, or wetlands. Duncan Park is a developed park surrounded by residential neighborhoods. The fee - simple purchase would protect and preserve the land as a park for future generations . The Englewood community, and particularly the residents in the southeast neighborhood who have been served by the park for nearly 30 years , are very concerned that it remain a public park . B. Please discuss how this project will serve to protect water quality in rivers, lakes, and streams. Not applicable to this project. C. Park Lands. Duncan Park is an integral part of the City of Englewood 's parks, tra i ls and open space system . Englewood presently has 191 acres of parks and open space, 31-of which comprise seven neighborhood parks , typically serving residents within ~ mile radius . The Englewood Parks and Recreation Master Plan has identified the southeast area of the City as underserved by the park system . The loss of Duncan Park would certainly create an even lower park service level and quality of life issues for those presently enjoying the benefits of Duncan Park. The c urrent recreational use of Duncan Park is typ ica l of a neighborhood park. The pa r k amen it ies i nclude a playground , basketball court, picnic tables and informal play areas f or youth sports practices. The park is also one of four designated off-leash areas within the City of Englewood . The Englewood Soccer Association is permitted to use open field areas for practice in the spring and fall. The Parks and Recreation Master Plan notes a lack of an internal paved walk and a need for landscaping upgrades throughout. Should Englewood Schools abandon the school building or the City eventually purchase the property , the Master Plan recommends razi ng the building to allow for redesign of the entire si te . D. Tra ils . T he Parks a nd Rec reation Master Plan identifies a need f o r an internal tra il/paved wa l k system to be incorporated into f uture Dunca n Park redevelopment plans . The City has also developed a Master Bicycle Plan that serves as an addendum to the 2007 Englewood Comprehensive Plan. The Plan emphasizes the need for a system of on street "continuous connections" between neighborhood parks , recreation centers and the core commuter trail system. Duncan Park is connected in the plan by proposed bike lanes via Chenango Avenue. E. W il dlife Habita t and movement corridors . Not applicable to this project. F. Historic Sites Not applicable to this project. Arapahoe County Open Space , Parks and Trails Grant Application Page 7 of 18 2. County and Community Benefits 20 Points The immediate objective of this project is to secure funding for the acquisition of Duncan Park . Englewood Schools has indicated its intention to work with the City in the hopes of keeping the property in public hands ; however, it has not ruled out selling the site to a private developer. The City of Englewood 's Parks and Recreation Commission and City Council have identified the acquisition of Duncan Park as a high priority. The citizens in the neighborhoods surrounding the park have mobilized in an effort to convince the City and Englewood Schools of the importance of maintaining the property as public park land. User groups such as Englewood Soccer Association and Englewood Unleashed have expressed their concern about potentially losing a very important and popular park and the negative effect it would have on their programs. The City 's ownership of the park will allow for future implementation of the Parks Master Plan which calls for redevelopment of the park . Future improvements may include picnic facilities, internal pathways, removal of the old school building, multi-use athletic fields, additional landscaping and restroom facilities . The ultimate park design will be determined by a public process involving neighbors, user groups and City officials supported by professional park planners . Englewood School Board has adopted the recommendation of their Financial Review Committee to sell the Duncan property to minimize severe budget cuts due to declining enrollment. The City is committed to using Arapahoe County shareback funds and hopefully park acquisition grant awards from Arapahoe County Open Space and Great Outdoors Colorado . Englewood Schools had indicated its willingness to negotiate the terms of sale over a three year period , allowing the City time to pursue grants and accumulate the necessary shareback funds. 3. Planning and Design 15 Points The City of Englewood 's Parks and Recreation Master Plan was completed in April 2006 and adopted as an addendum to the City 's Comprehensive Plan in December 2006 . Although the Master Plan was completed before the potential sale of the Duncan property was known, the Plan specifically mentioned the importance of neighborhood parks as they relate to the overall park system . Moreover, the Plan identifies the southeast area of the City as presently being underserved . The loss of Duncan Park would eliminate the only neighborhood park in that area. Because the park is presently maintained as a public park by Englewood's Department of Parks and Recreation , operating and maintenance funds are already in place in current and subsequent year's park budgets. Long range plans (5-10 years) include planning for park redevelopment and construction of improvements. • Relevant Plans to the Parks and Recreation system include: 1. 1997 Englewood Recreation Demand and Facilities Analys is 2. 2003 South Platte River Open Space Plan 3. 2003 Englewood Comprehensive Plan : Roadmap Englewood 4. 2004 City of Englewood Bicycle Master Plan. 4 . Partnerships 25 Points In a very short time , a number of concerned Englewood citizens, park user groups and City officials have come together to pursue the preservation of Duncan Park . Letters of Support are included from : Englewood Schools , Englewood Parks and Recreation Commission , Englewood Soccer Association , Duncan Park Neighbors and Englewood Unleashed . The City will provide100% of the matching funds for this project. The $900,000 match equates to 67% of the total project/acquisition cost. Arapahoe County Open Space, Parks and Trails Grant Application Page 8 of 18 ( 5. Long-term Maintenance 15 Points Duncan Park, as previously discussed , Is currently maintained Ha City of Englewood park and funding is in place to provide long-term operation and maintenance . Long-term land management and future park planning and development were outlined In #2 County and Community Benefits section . City ownership of th park will allow for prioritization of future Duncan Park planning and development. 6. Connectivity 15 Points The acquisition of Duncan Park protects an exi sting neighborhood park Integral to the City of Englewood's park system . As previously dis cus d, Duncan Park's location is critical to maintaining park land in the southeast area of th City . Replacement of the park is not feasible . The City of Englewood is a land -lock d community with very little urban land available for park development. Englewood h s total of seven neighborhood parks, three community parks, three pocket parks , two n tur I ar as , two sport complexes and four recreation facilities . Arapahoe County Open Sp ce. Parks and Trails Grant Application Page 9 of 18 Part G -BUDGET Sources of Funds Date Grant Request Cash Match In-Kind Match Citv of E, . R ~ -Sharebacks $900,000 Araoahoe Countv $250 ,000 I Great Outdoors Colorado 200 ,000 \ Totals $250,000 $1,100,000 Uses of Funds Date Grant Request Cash Match In-Kind Match Enalewood Schools 8/07 $250 ,000 $200 ,000 Englewood Schools 8/08 450,000 Englewood Schools 8/09 450 ,000 Required signage acknowledging At completion $600 required grant from Arapahoe County OSPT of project budget expense Totals $250,000 $1,100,000 TOTAL PROJECT COSTS: $1,350,000 6,»ra---H~ Signature: Date: 2/20/07 Title: Manager of Recreation Arapahoe County Open Space, Parks and Trails Grant Application Page 10 of 18 Totals '$900 ,000 250 ,000 200,000 $1,350.000 Totals $450,000 450,000 450,000 $600 required budget expense $1,350,000 (. Englewood Schools • A Step .A.head· Boord of Education KAREN MILLER Presidenr SHERRY SCAGGIARI 1f.t Vice Presk:Jent SHELLEY THOMPSON 2nCI Vic e Presldenr HEATHER HUNT Secretary SCOITGORSKY r,eosurer JAMES McCABE, Ph.D . Superintendent of Schools February I. 2007 Arapahoe Cow1ty Open Space and Tra ils Advisory Board 10730 East Briarwood Avenue, Suite 100 Centennial, CO 80112 To Whom It May Concern: T he Englc,vood S c hool Bo a rd is writing in support of the City of E nglewood 's pursuit of Arapahoe County Open Space funds for the acquisition of prope1iy lo cated at 4800 South Pe1msy lvania Street, knovm as Duncan Park. T his property c urrently belongs to Englewood Schools and is leased to the City of Englewood for park land . Englewood Schools has decided to sell this property and is cunently in negotiations ,vith the City of Englewood for the purchase of this site. Englew ood Schools strongly supports this acquisition for the following reasons: • Duncan Park is the only park lo cated in the southeast portion o f Englewood. • The southeast portion of Englewood is cunently underserved in available park and open space. • As Duncan Park is approximately four acres in size , it offers the potential for much needed park amenities including an additional athletic field. • • The purchase of the property will help to improve the aesthetics and home values of the sunounding neighborhood. Duncan Park is important to Englewood Schools being a IJ.. mile from the nearest local school. The loss of this site as park land and open space will be virtually impossible to replace in the fu ture . We hope you wil l consider the Ci ty of Englewood's request fo r acquisition funding for this community asset. Sinc~rely. ' { l I • '. \ I ' : ! ',J •. i.. \ I. 1..,. ' Ms . Karen Miller, Presi d ent Englewood Sc h oo l Board ,; 1" •• C T y 0 F r C N G L E W O 0 D P -\ r~ 1< s A N D R E: c R r: 1\ T I o ., C o M M I s s I o N ----------------------.. --·-·-·. ______ ,. .. _________________ _ Open Space, Parks and Trails Advisory Board 5334 S. Prince Street Littleton, CO 80166 Dear Board Members, FE S ' 5 Z;J0 7 On behalf of the City of Englewood Parks and Recreation Commission, 1 am writing this Jetter in support of the City's gra1;t application for Duncan Park acquisition. The Commission adopted a Parks and Recreation Master Plan in May of 2006. The plan identifies the southeast residential area of the City as presently being under served; a relatively low park land level of service . 3 .3-acre Duncan Park is the only park serving this area of the City. The park, fo1111erly an elementary school site is presently being leased from Englewood School District and maintained and operated as a neighborhood park . Subsequent to the completion of the Master Plan, the school d i c;tri d h , ecided to sell the property to help fund capital school projects . The Department of ?arks and Recreation has maintained Duncan as a park for over 30 years as a va luable and irreplaceable part of the City's park system. The Park and Recreation Commission has identified the acquisition and preservation of Duncan Park as its highest priority . We cannot think of a better use of the County Open Space share back funds and grant dollar . Thank you for your consideration . Sincerely , . -1,_. \I ,,•"1.l ,.;•~:. •-,~' ,.~,,, ~ A~stin ·Goiries,- Chairperson 1 I 'i5 W ( ford A, rm1<' [n\!ll'\\uod Culor,1do 1\011() Phww 10i ,i'62·2 Duncan Park Neighbors Englewood, Colorado February 8. 2007 Arapahoe County Open Space , Parks & Tra il Program 10730 E. Briarwood Ave . Centenn ial. CO 80112 Dear Arapahoe County Open Spa ce, Parks & Trail Prog ra m Representatives : We represent a growing group of nearly 100 homeowners and ne ighbors living around Duncan Pa rk in Englewood . Colo . who have concerns for the future of our park . With the pending sale of Duncan Park by the Eng lewood Schoo l District , we are expressing our desire to see the park remain in the hands of the publ ic . It is the on ly park in this corner of Englewood and the only one in District 3 , which represents approximately 20 percent of the town's population . We know a grant from the Arapahoe County Open Space would go a long way in he lping the citizens and taxpayers in this area accomp lish our goal of making the park a permanent part of this neighborhood . If Englewood is successful in acquiring the park , we are aware that there are future redevelopment p lans for it. As a c itizen 's group, we are eager to be involved in those plans and look forward to working with our c ity . We are happy to offer further input or information you may need in reaching your dec ision Please consider grant ing the funds to he lp us re tain th is much-loved and high ly-used park . Sin cere ly, •, •• • ~#~ '.,, / l. Je nnifer C McKee ( .r· /"\ J{_ '-1· . , I -. ,. < __ (-_ . ,..,! ) /I '/ I -John E Ri ggs ,. Re prese nting Dunca n Park Nei g hbors Russ Smith 0 February J 9. 2 00 7 Arapahoe County Open Spa ce, Pa rk s a nd T rail s Advisory Boa rd 533 4 South Price Street Littleton , CO . 80166 To Whom lt May Con cern : Englewood Unleashed Englewood U nl eashed is pleased to suppo rt the City of Englewood in its efforts to acquire Duncan Park . This grant appli cation ho lds the hope and future of many very different Englewood residents and their recreational need s. For the past 30 years the residents have had the City of Englewood Department of Parks and Rec reation to thank for maintaining this lit1le park. Being the only park in the South East quadrant of Englewood ma kes this more than an application; it is a much-nee ded opportunity to expand . In 2002, the City of Englewood chose li ve parks in the City's five primary neighborhoods where residents can have their dogs off leash . Duncan Park is the o nly off leash park in the South East portion of the City. The park is used primarily by local residents due to its s ize . Englewood U nleas hed h as been working to preserve this ty pe of us e si nce 2004 and myself personall y since 2 003 . We have work ed wi th th e City to build a fenced in o ff leash park located adjacent to Belleview Park ; th e primary concept being to concentrate the use of both Englewood res idents a nd non-Englewood residents at one la rge , flagship location thus leaving the other smaller ne ighborhood locations to normal , local residential use . Since opening the Englewood Canine Corral this appears to have prevented over use at all of the other off leash parks . The opportunity to expand Duncan Park would be greatly appreciated by Englewood Unleashed members . Creating a park of this size with multiple recreational use facilities in a neighborhood where one did n ot exist previo usly would be a significant contribution and improvement. Duncan Park as it is has been wonderful. However, a n opportunity to convert developed land back into g reen s pace in a metropolis as large as ours is rare these days . Please help us con tinu e to improve our c ity and the li ves of o ur South East re s idents by ~rrowi n g Duncan Park from a litt le e n c lave to neighborhood centerpiece . I look forward to this grant request being ap proved a nd to work ing with the City of Englewood·s Parks and Recreation Department to redevelop Duncan Pa rk . -~~~ Tavis Hanna President cc: Gary Hu It berg . Ci ty of E n g le wood 303-694-74 8 5 * PO I3 :s2 • Englewood, CO 80151 • W\\w .englewoodunlcashed .org ( Englewood Soccer Association P .O. Box 2264 Englewood , Colorado 80150 Februa1y 17, 2007 Arapahoe Count)' Open Space, Pa rks and Trails Advisory Board 5334 Sou th Price Street Littleton, Colorado 80166 RE: ENGLEWOOD DUNCAN PARK GRANT A PPLICA TIO~ D ear Advisory Board: ~ ENGLEWOOD SOCCER Englewood Soccer Associa t ion is p le a sed to support the City of Englewooa's grant application to the County, for funds to acquire D u n can P ark, located at 4800 South Pennsylvania Street in Englewood . The park is currently o wned by the Engle\,ood School District an d has been leas ed and mainta ined b y th e City for approximately t h irty years a s a neig hhorhood park . It is our understanding that due to fin a nc ial c onsiderations, t he School D is trict has dec ided to sell this 2.sset to raise funds fo r school b uil ,fng ir:1p:o,·e:-:1en~s. Englewood Soccer Asrnciaiion is a youth :;occer program for children ages 4 to 18 . Since its inception in 1983 , Duncan Park has been u ti lize d on a regula r b a sis by the Association., during the fa ll a nd spring season s of e w:ry year, as practice fields for our younger youth t eams. This being the only park , o r school ar ea, in t h e southeast quadrant of the City with a grass area large enough to provide safe fields; the lo s s of this park as soccer fields to the children in the area v,·ould ha v e a very detrimemal effect . Prai:tic e 2~ well 2s game fi el ds, are at a premium, and the c.h a nge of use or residemia l r e -development of Dunc3.n Park w ould eli minate irre placeable park and op en sp ace in th is area of the C ity. It is our understanding that if th e City is able to purchase Duncan P ark; the goal is to improve the p ark through reconfiguration and enhancement. E ngl ewood Soccer Associ ation supports, and is excited about the prospect of being included in this process alon g w ith other u ser groups and th e neighborhood . We hope you will favorably consider the City ofEr.glewood·s grant application for funding of the acquisition of Dunca n Park . Respectfully, Englewood -o ccer :\ssoc.iation // ,/ . /1.// 1-,...7=--//./ ,, ---1'. at r in a . fa e .. Pre . idem -~ .... _ .. ....... ~ ,..,._,_. I -·---i I I I i ~ : '·· I ; _,,,.. I ~--I -- \. j I ! . .,...· . I ! I I i.__ ! l •• , I "¥ i , ... Baker Pa~k I EVANS AVE . ., - I I !· I --t-, I I I ; Bates-Logan· I p rk . ,. I a IA'i.,. ,· '" ~ l:l. I l I I ,, ____ ....... I l/l~k Park I I I : Romans [ ---··--I . ";_ff$£' ~!c.;shj";;g ·-r DARTMI\ OUTHfVE -tG I ··~-~. , ... 1 -. -~-7·"' . L"'l, I .i . . ·'-·-.! 1· I -~~-,) I i I -~ ~ t I I ENGLEWOOD ··-· ·1----, J__ USHWY 285 ~ -~\]I . ---·-11···-·-· :,--·-.. l ~~~;;.;.:.:"'·..;.· ..:-.------ 1 ...: \k i , ____ .._._, .... .__. -·~ ; ~r°": !!': l I ,r, . ..._ ... ! f,c',' :.~,-~.\ SHERIDAN ... ·-·· ---·-... -• .. -·~ ---·- ,; ,, ,,... - Arapahoe County I Admln . Bldg. I UTTLETON BLVD -- I LITTLETON l ;: -· .. 1 ~ i i ·--1 OXFORD AVE . CHERRY HILLS I l-.. : --r----- VILLAGE I GREENWOOD l VILLAGE I ···"-........ __ , ! ................ -, i I City of Englewood, Colorado 2007 Arapahoe County Open Space, Parks, and Trails Grant Application Duncan Park: Park Acquisition Project Vicinity Map with Driving Route LEGEND -Driving Route [ . kl Duncan Park Boundary L..:... Englewood Parks and Open Space C Arapahoe County Boundary -Major Highways · Arterial and Collector Streets February 200 7 Driving Directions from Arapahoe County Admin . Bldg .: Take Prince St. north to Santa Fe Dr. Merge onto north-bound Santa Fe Dr. Exit Santa Fe Drive onto east-bound Belleview Ave . Tum left onto north -bound Logan St. Turn right onto east-bound Chenango Ave . Turn left onto north-bound Pennsylvania St. Park on street. e 0 0.5 1 Miles 1.5 City of Englewood, Colorado 2007 Arapahoe County Open Space, Parks, and Trails Grant Application Duncan Park: Park Acquisition Project Site Plan and Topography Map LEGEND U School Bu i lding • Basketball Court Playground -Topographical Contour Li nes c::I City Boundary 0 1.:;o ,,---.) -·. I -:_ .. .. , .- r•.,-.. ), •1-•••r •,' I .. I ' •• ,y City of Englewood, Colorado 2007 Arapahoe County Open Space, Parks, and Trails Grant Application Duncan Park: Park Acquisition Project Street Map with Driving Route LEGEND -Driving Route c:::J D uncan P ark B oundary Dn,ing D irect, ns fr o A pa oe CoJn A~m11 Bl 0 1, ()()() 2,000 J,()()() (•(If . I ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING AN INTER GOVERNMENT AL AGREEMENT REGARDING 2007 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS FOR BELLEVIEW PARK PICNIC SHELTER IMPROVEMENTS BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Belleview Park Picnic Facilities project is part of the initial phase of implementation of the Englewood Park and Recreation Master Plan which was adopted in 2006; and WHEREAS, the existing Belleview pavilion is over thirty-five years old and will be replaced with a state ofihe art ADA accessible shelter and picnic amenities allowing for more users access to the park facility due to a larger shelter configuration; and WHEREAS, the City of Englewood applied and was awarded a 2007 Arapahoe County Open Space Program Grant; and WHEREAS , the passage of this Ordinance will authorize the acceptance of the Arapahoe County Grant for the Belleview Park Picnic Shelter Improvements Project; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. The "Intergovernmental Agreement Regarding 2007 Grant of Arapahoe County Open Space Program Funds Project Name: Belleview Park Picnic Shelter Improvements", attached hereto as Attachment 1, is hereby accepted and approved by the Englewood City Council. Secti on 2. Pursuant to Arti cle V, Secti on 40, of th e En glewood Home Rul e Charter, the City Counci l h as determined that Exhi bit A, attac hed to this Ordinan ce, sh all not b e publ is hed because of its size. A copy is avail able in the Office of the Englewood City Clerk. Section 3 . The Mayor and City Clerk are hereby authorized to sign and attest said Agreements for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 17th day of September, 2007 . 9 b ii Published as a Bill for an Ordinance on the 21 51 day of September, 2007 . Read by title and passed on final reading on the 1st day of October, 2007. Published by title as Ordinance No. _, Series of 2007, on the 5th day of October, 2007. James K. Woodward, Mayor Pro Tern 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 the Ordinance passed on final reading and published by title as Ordinance No ._, Series of 2007. Loucrishia A. Ellis I . INTERGOVERNMENTAL AGREEMENT REGARDING 2007 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: BELLEVIEW PARK PICNIC SHELTER IMPROVEMENTS This Intergo ve rnmental Agreement ("Agreement "), is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the ''County ") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee"). WHEREAS, on November 4, 2003, the voters of Arapahoe County approved a county- wide sales and use tax to be used for specified Open Space purposes as set forth in County Resolution No . 030381; and WHEREAS , Resolution No. 030381 authorizes the County to award grants of funds from the Open Space Sales and Use Tax_("Grant Funds ") to be distributed to municipalities and special districts, as more fully set forth therein; WHEREAS , on May 29, 2007 the County approved the Grantee's Project Application, which is attached hereto and incorporated by reference herein as Exhibit A, ("Project Application·'), subject to the execution of an intergo vernmental agreement and subject to the terms and conditions contained herein ; WHEREAS, the County desires to enter into intergo vernmental agreements , as a condition of grant approval , with such municipalities and special districts that ha ve been approved for grants from the County ; and WHEREAS, these intergoverru11ental agreements are authorized by Article XIV, Section 18 o f th e Colorado Constitution and COLO. REY. STAT .§ 29-1-203. NOW, THEREFORE , the County and the Grantee agree as follows: 1. Amount of Grant. The County agrees to pro vide Grantee with Grant Funds in the amount not to exceed $ 137 ,300 from the Arapahoe County Open Space, Parks and Trails Grant Program for the BELLEVIEW PARK PICNIC SHELTER IMPROVEMENTS ( .. Grant Project"). 2. se of Grant Funds . The Grantee agrees that it shall only use the Grant Funds for the Grant Project, as set forth in Exhibit A. 3. Time For Use of Grant Funds . The Grantee agrees that such Grant Funds will be expended by no later than one year from the date of this Agreement, unless a lon ger period of time is otherwise agreed to by the County in ,-.·riting. A T T A C H M E N T 1 4 . Interest on Grant Funds . The Grantee further agrees that , after receipt of its Grant , the Grantee will use an y interest earned on the Grant only for the Grant Project as set forth in its appro ved grant application . 5. Administration of Grant Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project . The Count y shall not be liable or responsible for any cost overruns on the Grant Project. Nor shall the County shall have any duty or obligation to pro vide any additional funding for the Grant Project if the Grant Project cannot be completed with the amount of Grant Funds awarded by the Count y to the Grantee. 6. Grant Project Site Visits . Upon 24 hours written notice to the Grantee , the Grantee agrees to allow the County to make site visits before , during , and /or al the completion of the Grant Project. 7. -Acl<nowledgemcnt of County bv Grantee . The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications, news releases and other publicity issued by the Grantee related to the project and agrees to allow the County to do the same . If an y events are planned in regard to the Grant Project , the Count y shall be ackno w ledged as a contributor in the in vitation to such events . Grantee shall cooperate with the Count y in pr e parin g public inform ation pieces , pro vidin g ph otos of th e Gr ant Proj ec t from time to time , and pro viding ac cess to the Gr ant Project for publicit y purposes . 8. Required Sign at Project Site . Gr antee agrees to erect at least one si gn in a publicl y visible area in recognition of the grant from the Arapaho e Count y Open Space Program . The location , form , design , and wording of such si gn shall be appro ved by the Count y. Such sign shall be erected prior to the co mpl etion of th e Grant Proj ect or it s public op ening , whiche ver is the earlier. 9 . Re port Requir ement s. On or befor e December 31 , 2007 th e Gra nt ee ag rees to pro vide th e Count y with an annu al updated re po rt th at describes the amo unt of progress in comp let ing the Grant Project , Grant Project milestones. and the use of the Grant funds to date . Upon completion of the Grant Project , the Grantee also agrees to submit to the County a final report , including a letter that certifies what the Grant Funds ha\'e been used for and that the Grant Funds have been used in accordance with County Resolution No . 030381. In addition to the final report, Grantee shall a lso sub m it to the County a final project summary that discusses the Grant Project and includes photographs of the \'arious stages of the Grant Project devdopmen t, including a photograph of the Grant Project at the time of completion . The County shall be allo\, ed to use the above photographs in publications, public information updates , and on the County web site . The Grantee further agrees to provide the County with an electronic copy of the final report and project summary along with digital photographs . 2 10. Failure to Submit Required Reports . Upon written notice from the County 's Open Space Manager , informing the Grantee that it has failed to submit an y required annual update report and /or final report , the Grantee shall submit such reports to the County through the County's Open Space Manager within thirty (30) da ys, and, if it fails to do so , the Grantee shall be deemed to be in violation this Agreement. The Grantee shall be ineligible for any future Grant Funds , until and unless such reports ha ve be en submitted to the Count y's Open Space Manager. 11 . Record Keeping Requirements. The Grantee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representati ves shall have reasonable access to any books , documents , papers , and records of the Grantee which are pertinent to the Grant Project for the purpose of making an audit, examination , or excerpts . The Grantee shall keep all books , documents, papers , and records, which are pertinent to the Grant Project, for a minimum of three years . 12 . Reimbursement of Grant Funds. The Grantee understands and agrees that if the Grant is not used in accordance with its approved Grant Application and /or this Agreement, the Count y ma y require the Grantee to reimburse the County in the amount of such Grant Funds that are not used for the Grant Project. 13. Remedi es. Th e ri ghts and remedi es of th e Count y as set forth in this A gree ment shall not be exclu sive and are in addition to an y other rights or remedies pro vided by law . 14 . No Wai ver of Rights . A wai ver by either part y to this Agreement of the breach of an y term or provision of this Agreement shall not operate or be construed as a \vai ver of an y subsequent breach by either part y. 15. Changes to Grant Proj ect. The Grantee agre es and understand s that its Gra nt Projec t. onc e it has bee n a ppro ved by th e Count y, may not be chan ged w ithout th e Co unt y's prior approva l. Changes mu st be reque st ed in writing and ma y not begi n until an amendment to this Ag ree ment has bee n approved by t he Co unty. 16 . Transfer of Interest in Grant Project. The Grantee understands and agrees that no land or interests acquired with the Grant Funds as part of the Grant Project may be sold, leased , traded , or ot herwise conveyed, nor may an exclusive license or permit on said land or int erests be given. \vithout prio r approva l of th e Grantee·s governing bod. after co nducting a pub lic hear in g. The Grantee fu rt her agrees if such sale, lease , trade or conveyance is made or an excl usi\·e lice nse or interest has been given , the proceeds sha ll be deposited in an open space fu nd to be used for purposes consistent with Reso lution No. 03038 1. 17 . Relationship of the Parties . The Grantee shall perform all duties and obligations under this Agreement as an independent contractor and shall not be deemed by 3 virtue of this Agreement to have entered into any partnership , joint venture , emplo yer /employee , or other relationship with the County. 18 . No Third Partv Beneficiaries . Nothing in this Agreement shall gi ve or allow any claim or right of action whatsoever by any third party , including , but not limited to, any agents or contractors of the Grantee . 19 . Severabilitv . Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other pro visions nevertheless shall remain effective ; provided , however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the parties hereunder . 20 . Written Amendment Required. This Agreement may be amended , modified , or changed, in whole or in part , only by written agreement duly authorized and executed by the County~ and the Grantee . 21. Venue . Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court , pursuant to the appropriate rules of civil procedure . 22. Notices . Notices, as referred to in this Agreement , shall be sent to : CO UN TY : CITY : Board of Count y Commis sioners of Arapah oe County 533 4 South Prince Street Littleton , Colorado 80166-0001 and Arapahoe Count y Attorney 5334 South Prince Street Littl eton , Colorado 80166 -000 I and Arapahoe County Open Space Manager Arapahoe County Public Works and Development Department I 0730 East Briarwood A venue, Suite I 00 Centennial. Colorado 80112-3853 and Jerrell Black Director, Parks and Recreation Cit. of Englewood 1155 W. Oxford Ave . Englewood, CO 80110 4 ( 23. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 24 . Extent of Agreement. This Agreement constitutes the entire agreement of the parties hereto. The parties agree that there have been no representations made regarding the subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another . 25. Counterparts . This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 26. Incorporation of Exhibits . Unless otherwise stated in this Agreement , any exhibits, applications, resolutions, or other documents i:eferenced in this Agreement shall be incorporated by reference into this Agreement for all purposes. 27. Section Headines . The headings for any section of this Agreement are only for the convenience and reference of the parties and are not intended in any way to define , limit or describe the scope or intent of this Agreement. 28 . Si,matures . The signatories to this Agreement represent that they are full y authorized to execute this Agreement and bind their respective entities . 5 IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as of the date set forth below . DATED this 21st day of August , 2007 . ATTEST: By: ___________ _ City Clerk Loucrishia A. Ellis ATTEST: By : ------------Nancy A. Doty , Clerk to the Board GRANTEE : By: ______ _ Name James K. Woodward Title Mayor Pro Tern COUNTY OF ARAPAHOE ST A TE OF COLORADO By: ___________ _ Bob Toll , Open Space Manager, Pursuant to Resolution# 070462 6 Exhibit A 2007 Arapahoe County Open Space Grant IGA 1Arapahoe count, 1 fEB Z 2 'l.001 , 0pen SpaCe, paru SldTIIII • Arapahoe ~~~~~!Y 2007 ARAPAHOE COUNTY Open Space, Parks, and Trails Grant Application Application Name: Project Name: Contact Information : City of Englewood Belleview Park Picnic Shelter Improvements Gary Hultberg, Recreation Manager Department of Parks and Recreation 1155 W . Oxford Avenue, Englewood, CO 80110 303-762 .2684 ph, ghultberg@englewoodgov.org TABLE OF CONTENTS Section Part A. Contact and General Project Information Part D. Park Projects Part F. Detailed Project Narrative and Selection Criteria Part G. Budget Part H. Letters of Support Part I. Maps Arapahoe County Open Space, Parks and Trails Grant Application Page 2 of 15 Page Number Page 3 Page 6 Page 7 Pag_e 10 Page 14 Page 11 ( Arapahoe County Open Space, Parks and Trails Grant Application Part A -CONTACT INFORMATION Project Type: XX Parks D Open Space D Trails D Other {please describe) Name of Project: Belleview Park Picnic Shelter Improvements Date: 2/20/07 APPLICANT INFORMATION Name and Address of Applicant and Primary Contact Person Gary Hultberg, Recreation Manager City of Englewood, Department of Parks and Recreation 1155 W. Oxford Avenue, Englewood, CO 80110 Phone : 303.762.2682 Fax : 303.762.2688 Email: ghultberg@englewoodgov.org Name and Address of Partners and Primary Contact Person: n/a Applicant Federal Employer ID Number (FEIN): 84-6000-583 Signature of Authorized Agent: I, Jerrell Black, Director of Parks and Recreation , hereby affirm that I am the authorized agent for the City of Englewood, which is applying for the grant as described herein , and that I am legally authorized on behalf of the City of Englewood to apply as its agent for this Arapahoe County Open Space, Parks, and Trails Grant. Signature of Authorized Agent GRANT REQUEST Amount Requested (round off figure to nearest $100): Total Project Cost Grant Request Matching Funds $228,000 $137,300 $ 90 ,7 00 • 40% Arapahoe County Open Space. Parks and Trails Grant Application Page 3 of 15 Belleview Park Picnic Shelter Improvements The City of Englewood park system has several forty year old picnic shelter facilities in need of redesign and replacement. The Parks and Recreation Master Plan adopted in 2006 identifies replacement of these shelters as a top priority . This project will replace the Belleview Park shelter #1 with a state of the art ADA accessible shelter and picnic amenities to include: new recycled p lastic picnic tables , heavy duty barbeque grills and trash cans. These upgrades will allow more users access to the park facility due to the new shelter configuration . Replacing this shelter will also address ADA issues and reduce the City 's liability due to the deterioration of the forty year old shelter. : Belleview Park is the crown jewel community park of the City of Englewood. It is situated along 1 the Big Dry Creek and trail system . Belleview Park amenities also include : Pirate 's Cove Family I Aquatic Center , Belleview Children 's Farm . Lion 's Club Train , Englewood Canine Corral , three I additional she lt ers , three restroom facilities , one lighted baseball /softball field. four tennis courts , 1 one basketball court , two playgrounds , two horseshoe pits and native walking trails. Access to 1· I the shelter 1s available by parking lots on South Inca Stre et and Belleview Avenue and the Big I Dry Creek trail system . ____ _ __ J PHOTOGRAPHS Il e r ,.1p.it10 • oun t Oi •n S c Parks nd Trail Gr nt Appll c t1on P.tq • o f r. 1,lpdh P.i W S , oun t f 15 Bell ev iew Park exis ting sh e lter nd Tr rl Gr nt A pplr c IIOn PROJECT LOCATION INFORMATION City/District: Section/Township/Range: County Commissioner District #: LAND OWNERSHIP Name of Landowner: City of Englewood 2077-09-4-00-015/5S/68W 1, Susan Beckman City of Englewood Evidence of ownership or easements for trail corridor/conservation easements: D Enclosed X Will forward if requested D Not yet available (Explain) Part D -PARK PROJECTS PROJECT INFORMATION D Neighborhood Park D Sports Fields X Picnic Facilities D Other _________ a Other ________ _ D Part of a larger Open Space or Park project PARKS ACQUISITION Gross Acreage : Proximity to existing Open Space or Parks (miles): Centennial Park Englewood Golf Course Jason Park Duncan Park .5 miles .75 miles .5 mites .7 mites Arapahoe County Open Space , Parks and Trails Grant Application Page 6 of 15 D Park Expansion Part F • DETAILED PROJECT NARRATIVE AND SELECTION CRITERIA 1. Project Description 30 Points A. Please discuss how this project preserves, improves, or restores urban or rural open space, natural areas, agricultural and ranch lands, vistas, ridgelines, floodplains, or wetlands. Not applicable to this project. B. Please discuss how this project will serve to protect water quality in rivers, lakes, and streams. Not applicable to this project. C. Park Lands. The City of Englewood developed a Parks and Recreation Master Plan in September of 2006, which was subsequently endorsed by Englewood City Council in November 2006. This Plan is the guiding document for the future of the City as it relates to parks, trails and recreation within the City. The Plan began in August of 2005 with a Technical Advisory Committee comprised of representatives from the City of Englewood and the Plan consultants. There were also multiple interviews with park user groups, two public open houses and a comprehensive survey to the citizens of Englewood. The Plan recognized a number of broad and ambitious goals, all of which are intended to enhance the recreational needs of the community . One of the specific goals of the Plan is to update the features in existing parks. Belleview Park is Englewood 's most popular community park containing 36 acres and multiple amenities for park users to enjoy . In 2006, the City of Englewood had 97 reservations for Belleview Shelter #1, serving 6,713 people . This represents over half of the shelter reservations for the 2006 Belleview Park shelter rentals. Shelter users come from all over the metro area with a majority residing in Arapahoe County. One of the most beloved activities at Belleview Park occurs on the 4th of July. A cooperative effort between the City of Englewood , City of Littleton and South Suburban Parks and Recreation District organizes an annual celebration with numerous fun activities, music , food and a magnificent fireworks display. Due to the extreme demand of this shelter, demolition and construction will occur winter/spring 2007, 2008 in time to open for the 2008 reservation season . Belleview Park is one of three community parks in Englewood's parks , trails and open space system. Seven neighborhood parks , three pocket parks , two natural areas , two sport complexes and four recreation facilities complete the park system. D. Trails. Not applicable to this project. E. Wildlife Habitat and movement corridors. Not applicable to this project. F . Historic Sites Not applicable to this project. Arapahoe County Open Space , Parks and Trails Grant Application Page 7 of 15 2. County and Community Benefits 20 Points Replacement of Belleview Shelter #1 will benefit the entire region . Belleview Park, with its many attractions and amenities is a destination for families in the south metro area. Increasing the capacity of picnic shelters while addressing current safety and ADA issues will improve the park substantially. Shelter #1 is the highest priority for replacement due to its high demand and serious flaws. Poor design reduces its effectiveness in accommodating large groups. Brick walls obstruct parental observation of playground and police patrol effectiveness in observing shelter patrons activities. The structure currently accommodates 150 people. The new shelter will hold 240, increasing the capacity by 60%. The new shelter design will not only allow for larger groups that we are currently turning away, but will also accommodate smaller multiple groups . The shelter provides trail connection and easy access to tennis courts , basketball court, horseshoe pits , two age specific playgrounds, the Belleview Children 's Farm, Lion 's Club Train, Big Dry Creek Trail and Pirate's Cove Family Aquatic Center. 3. Planning and Design 15 Points The project will be developed, designed and built with the assistance of a professional architecUengineer. Mark Kottwitz, Parks Supervisor, will be the Project Manager. The Parks and Recreation Department will manage and 11Jaintain the shelter. Currently, $3,160 per acre is spent annually maintaining the park system. The City's Parks and Recreation Master Plan states that Belleview Park is Englewood's most popular park and the crown jewel within the park system . Consequently, City officials have identified Belleview Park as a high priority to receive the recommended Master Plan improvements . Because this site is located on a hill, erosion control silt fencing will be used during construction . Construction signage will be posted surrounding the area and information about the project will be posted on the City's website. The user's impact will be minimized due to the timing of the construction. Most shelter reservations are between Memorial Day and Labor Day. • Project Timeline : Construction Documents Complete: Bid Project: Award Bids : Shelter Demolition Shelter Construction Install Tables , BBQ Grills Signage , Trash Cans , etc . September 2007 October 2007 December 2007 January 2008 February-March 2008 April 2008 4 . Partnerships 25 Points In 2006 , Bellev iew Pa rk Shelter #1 accommodated 97 group reservat ions ; serving a total of 6,713 individuals . Many diverse groups includi ng sco uts, sc hools, day cares, c hurc hes , service clubs in addition to private parties and family outings take advantage of t he s he lter and its picnic facilities . Letters of Support include Englewood Schools and the En glew ood Parks and Recreation Commission . Belleview Park is contiguous to Progress and Cornerstone Parks operated by South Suburban Parks and Re creation District. T he three parks and their many amenities com p liment o ne a noth er an d create a re gional park facility . Cooperative Park planni ng between So uth Sub urb a n an d Englewood h as evolved to inc lude partnerships in facility ma rketing, recreation p rogramming an d a shared ad mission fee structure benefiting residents of Englewood and t he District. Arapahoe County Open Space , Parks and Trails Grant Application Page 8 of 15 (_ 5. Long-term Maintenance 15 Points The City of Englewood Department of Parks and Recreation will be responsible for the maintenance of the new picnic shelter and amenities. The new shelter design will improve supervision, therefore, reducing vandalism. Shelter amenities will make use of recycled materials (picnic tables) that are graffiti resistant. Park shelters are cleaned daily and prior to each scheduled reservation . Maintenance includes power washing concrete , graffiti removal , table and barbeque cleaning and trash removal. 6. Connectivity 15 Points Belleview Shelter #1 is located in the southeast corner of the park surrounded by playgrounds, athletic facilities and many more popular park amenities . Big Dry Creek Trail passes through Belleview Park just 200 feet west of the shelter. Big Dry Creek Trail travels southeast connecting Progress Park under Belleview Avenue and continuing to Broadway. Eventually Big Dry Creek Trail will connect to the High Line Canal Trail. Traveling northwest, Big Dry Creek Trail connects to the Mary Carter Greenway. Arapahoe County Open Space, Parks and Trails Grant Application Page 9 of 15 Part G -BUDGET Sources of Funds Date Grant Request Cash Match In-Kind Match Arapahoe County Open Space 2/23/07 $137,280 Parks and Trails Grant City of Englewood 7107 $90,720 Totals $137,280 $90,720 Uses of Funds Date Grant Request Cash Match In-Kind Match DesiQn Architect/Engineer 9/07 $20,000 Construction w/ Concrete Pad 2,3/08 $50,000 One Shelter (50' x 72') 3/08 16 ,280 70,720 Demolition of Current Shelter 1/08 30,000 Electrical 3/08 10,000 Tables 4/08 27 ,000 BBQ Grills 4/08 1,400 Trash Cans 4/08 1,400 Required signage acknowledging At completion $600 required grant from Arapahoe Countv OSPT of project budget expense Totals $137,280 $90,720 TOTAL PROJECT COSTS: $228,ooq Signature· 6->'(r.ft~ Date: 2/20/07 Title : Manager of Recreation Arapahoe County Open Space, Parks and Trails Grant Application Page 10 of 15 e Totals $137,280 90,720 $228,000 Totals $20,000 50,000 87 ,000 30,000 10,000 27,000 1,400 1,400 $600 required budgetexoense $228,000 Englewcod Se;hoo !s A Step Ahead D:. Jomes 'vlcCobe Sue>::?r·'"'·erder.t ct Schools Arapahoe County Open Space. Parks and Trails Ad\iso ry Board 5334 South Price Street Littlet.On, CO 80166 Dear Advisory Board Membe rs. --n F.A RLY CHI LD HOOD ::D UCN!ON Lo wollAnMx 379/i ~.'11" LC,~O!" S'. f nglewood . .:;o 80 ,1 ~ (30.1) 7b 1-75&5 A,nc,lit~<l by ~AEYC's r-ational Aaden1v of F.arl r Childhood 1-'mi=n< 5 2:J07 I am pleased to write this letter of suppo11 for the City of Englewood's Belleview Park grant ;.;pplication. I repre sent Englewood Schools Early Childhood Education Program (ECE). We have enjoyed using park faci litie s for the past 15 years . Each spring ECE staff h ost a picnic for preschool c hildren a nd their fam1l1es . \Ne always reserve the pavilion at Inca and Belle\·ie\', beca use 1t meets ou r needs so well. It is adjacent to a fe nced play area for sma ll children a nd c los e to a larger. more challe ng ing play area f,.r o lder brothers and sisters . W e have noticed O\'er the years that the old brick pavilion h.1 ~ decayed. Replacement \\'1th llC\\ cons tru ct ion would be a huge im pro veme nt from a s::ifety ::ind aesthetic point of \ ie\\'. W ith a grant from Arapahoe County, this needed reno Y,Hion could mo ve for \\'arcl . F amilie s and organizations wh o enjoy using thi s hea uuful park will ben efi t fro m these improvements . T han k yo u for co n side1in g this gran t requt'St. . mcerely. \l:1rtha Rodger. F.1rnil~ Scr\·1ccs Prl \ 1der =n ~Je \\ood ~ ·hn nl~ E~trl) C h1l lh\Hld F:Juca11.i11 Program C T y 0 F E N G L E w 0 P ARKS .AN D R ECRE.AT I O '-: C O MM SS !O'i Open Space, Parks and Trails Advisory Board 5334 S. Prince Street Littleton, CO 80166 Dear Board Members, FE 3 5 200 7 0 The City of Englewood Parks and Recreation Commission is writing in support of the City's application for Arapahoe County Open Space grant support. The Belleview Park Picnic Facilities project is part of the initial phase of implementation of the City's Park and Recreation \.faster Plan. Developed and adopted in 2006, the Master Plan identified the need to replace many aging park picnic pavilions . The existing stmctures are over 35 years old and have out lived their effectiveness as picnic facilities . The Commission has identified our flagship park, Belle\'iew. as having the greatest need for picnic shelter demolition , redesign and replacement . Belle\·i ew Park is extremel y popular fo r large group pic m cs with 20 1 group reservations in 2006 accommodating more than 12 ,000 individuals . We are presently reviewing shelter designs and are anticipating with Count y grant support a first class picnic facility for Bellevie\v Park being completed 111 2007 . Thank you for your consideration. Sincerel y. 'f~ ,, ·/ n~,. _, .. _ - Austin Gon1es Chairperson 11 55 '\ O w·d • "lU<' [1 ~I t:>\\ "OC1 I" Ol't' 303 -2-::! D ( ' ,_ . ..__ ------·. ......... ·--; ,. ' I e1 Baker Park I ------~.~-· EVANS AVE -I ; ' !. ! .. -. -.... ~. -··· ------If ' ' l l t-·-·--: ~--- i t ___ ,J . -·~·· - i I _ _I_, __ -~-~-~;-~--... --·---~-' ' I t l "i.i I ~ I [--- Bates-Logan -;r;, [ i ' . Park .-"''· f 1: j ' I :, I I f; . ~Eb r£ 1 -=--=-=--[ DARTfOUTHfVE -:.h:,·---~111!!1!!1 ... 1 I r lll ·. I Park I 1 ; J Romans WiiH --------- ---- J -.. i 1 -US-·H!"WY"_.,,2-~B<S [ ·:,,_ 11~-LJwo~o J _ --: Park -~-~ t -r :-~---.J--,· .,-----,,__ ... ____ __. ! ·:1 f ':',,< ~ I ~ ~ SHERIDAN ~/ ~ : .• t ~ ~,7 ; .... I ~.; Q ~ fil l ;.'j' ~ I ~ " -J Ii I !i l_. --__ :__ ··--===-=---1-OXFOR, DAVE 1, CHERRY HILLS 1' I I i"--,"j ) Ff t::" ! ; __ i _ -~ILLAGE --~ ! ----! ! ' f . .t I • I -· / r ,~ i ~ . I !_I __ I_ - • I ----1-BELLEVIEW A VE c: r ·1. ! . -· -·------. ,-------,.....,..,....-- Arapahoe County Adm ln. Bldg . I urn.ETON BLVD I LITTLETON ------·-t-- GREENWOOD VILLAGE I I I I ~ City of Englewood, Colorado 2007 Arapahoe County Open Space, Parks, and Trails Grant Application Belleview Park: Picnic Pavilion Improvements Project Vicinity Map with Driving Route LEGEND -Belleview Park Driving Route Englewood Parks and Open Space c::J Arapahoe County Boundary -Major Highways --· Arterial and Collector Streets Feb ru ary 2007 Driving Directions from Arapahoe County Admin . Bldg .: Take Prince St. north to Santa Fe Dr. Merge onto north-bound Santa Fe Dr. Exit Santa Fe Drive onto east-bound Belleview Ave . Tum left at Inca Dr . Park in lot immediately to your left . e 0 0.5 1 1.5 Miles City of E11gf Pwood, C olorado 2007 Arapahoe County Open Space, Park s, and Trail s Grant Application B<4lc•\ il'U ' Parh: Pic nic P,H 'ilion /111pro\ PnH•nts Projl•cl Si l <' Plan and Topograph y \fdp 0 0 0 0 • 0 0 CJ /J LEGE N D P 1c 111 c P lit s COLI! s So t , II ,11 lL)''d Pl, c ru 1•1d B,1 Sf.-l> t~.,11 l L'_.' . ,l( l' s I\• Cr Id t' '. ::, "1 r-,., .. P• ,, •'s l,\ (11)~1,li'' l 1 Btl1 O• l · 't " I, 1 I , II I 1 , •I : II// . , J , IJ City of Englewood, Colorado 2007 Arapahoe County Open Space, Parks, and Trails Grant Application Belleview Park: Picnic Pavillion Improvements Project Street Map with Driving Route LEGEND -Driving Route c::J Belleview Park Boundary Fcb ru arv 200;- Driving Directions from Arapahoe Count Adm1n . Bldg .· Take Prince St. north to Santa Fe Dr. Merge onto north-bound Santa Fe Dr Exit Santa Fe Drive onto east-bound Belleview Ave Turn left at Inca Dr. Park in lot 11nmed1atel to your let 0 500 1,000 1,SOO Feet ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF "THE JUSTICE ASSISTANCE GRANT" BETWEEN THE CITY OF ENGLEWOOD AND THE JUSTICE ASSISTANCE PROGRAM FOR THE PURCHASE OF LAPTOP COMPUTERS. WHEREAS, the Englewood Department of Safety Services requested funding which will be used to purchase laptop computers for detectives; and WHEREAS, these laptop computers will replace desktop computers to allow detectives to complete their duties on scene; and WHEREAS, the Justice Assistance Grant is a non-matching grant; and WHEREAS, the City of Englewood submitted an application and has been awarded a grant in the amount of Twenty-one Thousand Seven Hundred Fifty-six Dollars ($21 ,756). 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 the acceptance of the Justice Assistance Grant from the Justice Assistance Grant Program to the City of Englewood, which Justice Assistance Grant is attached hereto as Exhibit A. Section 2 . The City Manager is authorized to execute said Intergovernmental Grant titled "The Justice Assistance Grant" for and on behalf of the City of Englewood. Introduced, read in full , and passed on first reading on the 17th day of September, 2007. Published as a Bill fo r an Ordinance on the 2 1 •1 day of September, 2007. Read by title and passed on final reading on the I st day of October, 2007 . -1- - 9 b iii Published by title as Ordinance No._, Series of 2007, on the 5th day of October, 2007. ATTEST: James K. Woodward, Mayor Pro Tern 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 -2- D 2007/SEP /10/MON 15:43 • Office of 1USlioe Propma Ausust:U, 2007 Mr. GaryS111111 City of Enslewood 1000 ~J181ewood Pulcway Enslewood, CO 80110-2373 DarMr.Sem: Department of Ja,tlce Office of 1ustice Programs Bureau of 1UStic, Assistance "'"'"'""°"' D. c. zo.m On bobalf of Atio!III)' O.Uenl Albcnic Ooa:r.ales, It i1 my pleuure to lnfo1111 you that the Office or JIWice Programs has apprond ,oar application !or fimdi111 Ullder the FY 07 Edwwd Byrne Memorial Justice Asslltance Gnnt (JAG) Pro,ram i11 the amo11111 ofS2 l, 756 for City of EA1lewood. Bnolo,ad yvu will find tbe Orant Award and Sl*lal CoDditlona doc:umealS. 'Ibis awn ii ~bje~ to a.It adml'11stntive and 1\oaualal reqairemenu, Including tbc timely autmriaioa of all fillaacial 111d procmnmatic ieporta, rmolution of all interim audit fllldlno, and the mammnance of a minlm11111 level of e«'Jh-on-haud . Sbould you not adhere to these requiremcni., you will be in violetloe oftha tmma oftbie agreement llQd tbe award will be IUbjeet to 11Mmi1111tlo11 fw: cause or other admia!cnlive action II approp~. · If )'OU ha\le questio111 re.prding thla award, pl-coatact: -Prosram Ql,eeliom, Loretta Behm, Program M-gi,r at (202) 6l6-S878; and • Pinancial Quettiollf, tbs Oflioe of the Comptrollw, CUatomer Si:rvlce Center (CSC) at (800) 4~8-0786 , or you may oontaet the CSC at alt.oc@usdoj.rov, Conptulationa, and we look forwanl U> ww:ldna with you. Sinoetely , D.!i---o Domlnio S. Hemii Direccar, Bureau of btiae Aailtance .... ''"-····-··--··-·-·····"-·· ·····-··-···-····-...... _,, _____ ---·-------·-·-··--·. llnclolllrCI - P. 002 '2007/SEP /10/MO N 15:43 • Depmtment of Jualioe Office or Jusaoe Program, Bureau of Justice A11l1tance I. R&CIPIBNT NAM! AND ADPUII (lllekMiffla %Ip c:o.11) ~., .......... 1000 ....... hlne, ln1Jew.od,CO IOII0-2373 3. PRO.ISCT TITLli ~li.,...._l'ropn IZ. ffllCIAL COHDITIONII PAGII 1 OF S Grant 4. A WAaD NVMJID.: 2007-DS.ax.otn s. nOJJCr ,woo, l'Jl.01\( JO/QI~ TO 09/JCl/2010 JtlDGZT PDJOD: JIMM 10/Ql~ TO 09/30/2010 ti. A.WAUI DA'l'B 0I/U/2007 7. ACTlON . I. stJl'tLIMIINT NUMlll!a 00 P. PltlVIOUS AW.uD AMOUNT 10. AM01JIIIT OP 'fKIS AW"llD II. TOTAL AW-UP so Ul,75' '11111 AADVI CJUNT n.oJICT IJ AM'AOV!D SUJUECr TO St/CH CONDfflONS Oil LIMITATION! A! AU BT POI.TH ON THEATt'AaJ!D PAOll(S). I>, ITA1VTOltY AllTJIOIUn' FOi\ OI.ANT Thitp,ojtctll NppOIIM Wldor~ U.l,C. ml(•) (JIIA .JM, F_.) U. Ml!THOD OP PAYMl!NT •MIS AOIINCY Affl.OVAL "· 'IYPIDNAMI AND mLB 0, APPRO'YJNO omaAI.. DOlldllp s. Homia ~ .. -.,,.....~ 17. SIGNATURE OP APPllOVING OfflCIM, {).I~ 20. A.CCXllMl'IMQ a,..,IIIFICA TION CODII PIICAL PUHi) IUI), DIV. YBAk CODI A<:r. OFC. Jt5Q. IUI. PONS AMOUMT X • Pl IO 00 00 2115' OIF POIM tt00/1 (UV. J.11) PUVIOUI EDmotlS AU 08SOLl!'!1!. .. --<JILANTli5 ACCliPTANal 11, TYnD 11.uo AND 'ITTU OI' "tl't'JltWZZD OMN'l'll8 OPF!CIAL P. 003 200 7/SEP /!0/MON 15 :43 • l>eputmlnt or Jal1icc Oftlot of 1Uldot Prosr- Bureau of Justice Alllstance AWARD CONTINUATION SHEET Grant AW ARD DA Tl Oll21/2110'1 SPECID-CONDmONS \ PAGI 1 bf 5 1. The m,ipleat 1etee1 to oomptJ ,ntb the tluallCIW 118d admiaiatntive nqulranena • fo1121 ID lbe Cllfflllll edition olthe omce of lllldc:e Propma (OJP) Financial Guide. 2, The recipl1111t llllknowleq,ee llllt ~ to 111bmlt ID .-plable Equal Employmlllt Oppommliy Plan (If nclpl111t II rcqaired 1111 IVllmit oae pazwmt to 28 C.F .Jl Secti01a 42.302), lllal II approved by th1 Oftlce fvr Ctvtl IUsbta, ii 1 vlolliton oflll CeJd4ed ~ 111d may 1'81111! In 1U1pmsfon or tcnnlnatlan offimdlq, 1111til IUdl time u die ~ ii la ccmlJ!lilllOI. 3, 'I\e recipient 11r11eS to comply whh die orpnlzatlanal audit requiremeDIJ of 0MB Ciroulw A•l33, Aadit, ofStatal, Looal O<Mnlmeall, anll Non-Profit Otpmzalioaa, u fanller ~ hi. tbc c:an..t editioo. of the OJP Filllncill Guide, Cbaptmr 19. 4, lteaipilllt 1llldataads IDd ape, dial it OMIIOI -DIY fe,hnl &nils, eitlier directly or indirecdy, ill lllppOlt of die eDIOlllltlll, rwpeal. modiftcation or acloplioll of aay law, replatlon or policy, at 1111)' level of ao~ 'Without !he cxp1'C11 prior wrilflela approval of OJP. 5. Tlae a;rantee..,... to ualltBJA In OODIJ)lylngwlth tbeNational Envirollmmlal Policy Act (NBPA) and odiar IWlalcd • federal 1111viro111Danla.l impaot·.-1,,_ NCJuirlmenu ill die an of Ill•• put fullda, either clnctly by the pamee or by 11111bgran1N. Accordingly, prior to obllptins snmt f'unda, the~ qrea to &nt dellcnnine if any of lbe fol'-ing acdv:ld• will be rala~d to the use of die grant t\md&. The gnnia, wdcntandl tlial this apecial CODdilioa applies to ta following new aotivitie9 whether or IIDt they are beia& cpecifically lmuled whh lhlse pnt ftiDda. That ii, u laaJ u tbe actMty is beia& canduCllled by die ama-. a nbpalee, or IQ)' tlaird peity 111d tllt aodvlty aMSJ to bt ~ bl aide.I: to -tliue pnt flindl, this cpec:ial COllditioc IIIUlt fim be met. Th• activitiel ooverecl by tbil ai-ia1 COlldilion me: L New COGIINClioll; b. Minor~ or --1la& of a propcty lftller (1) tilled on or ellllble for llltmg oo Ille National bailler of Hisloric Places or (b) looain within • 100.,--flood plain ; C. A l'IIIOWQOII, ,_e, 111" IIIY proposed 1IU of I bulldmg Ol' facility dlat will lflber (1) l'Wllllt in I cbaJIF ffl Ila baic J)l'loruea or(b) lilldtlomlly clllllp lea .tie; and, d. wplcanaataticm of 111n proaram luvolvin& !be un of olltmlolls Olhar dlllll ohlllllaall dlllt wa (1) purvliuN u 111 iDcideatal componeot of a llmcW accivit:y md (b) tnditionally 1IIOd, b Cllllllple, in office, hOlllehold, reorealioaal, or tdueadoa -~- Applicmoe of Thia Special Coudldoll to arm-•, Bxl,dq Program, or Aotivttiel: For Ill)' of the pan191'1 ar Its cubgranne,' alstlllg ptogl'lffll or actlvltlca tlaat win be l\mdell l,y that pat fundl, Ille snncee. upon apegifici 19C!IWll froaa BJA, .... ID oooperue wUII BJA la any prwpmdon by B1A of• uadanal or p,oPQ> envlroamen111 -t ol lhlr tlllldtd ,rosnm or•~- P. 004 0 ·2007 /SEP /!O/MO N 15:44 • Deputment of Justice Offiea of 1\lldct Propm, Bureau or Justice Anlstancc Pll011iCT NUMBER 2007-DJ.D,:.om AWARD CONTINUATION SHEET Gnnt AWAIDDATB 08/ll/1007 SPECIAL COND11'/0NS l'AGI 3 OP , 6. Thia special conditioa f&cilitatu compUUICe with die pt0vicom or the National Environmental Policy Act (NE]' A) relalin& to cllllldestine methamphetamine laboratory operatioaa, incl1ldln& die ldendfioalion, ,eiiure, or elem= of clu\dstlne methampbetamine labomoria [hemnaftcr, "mctb lab opcmions"]. No monies from Ibis award mey be oblleacecl to aupport met!, lab opeations unless the grantl!ie lmplem111111 this special condition . The Office of 1uslice Prognm1 (OJP), io. can1ultabori with the Bureau of Justice Assistance, die D11JS Enforcemmrt Admlnimalion. and the Office for Conunualcy Orla11a! Policing Scrvlcca, prcpan:d a Propun-lcvcl Eavironmenlll Assessment (Messment) aovemtna meth lab operatiOIIS. The Asaenment cleswibll8 the~ eav!fOWD.Clltal, health, and afdy impacts lilc:ely to be encountered by law enforcement agenclee II they impl-t .specific acuons under their methamphmmlne laboratory operaticma. Comiltcnt with the Anemnellt, the folfowin, lenDI and aonditiona oall apply to the srantee ror any 011' funded methlab operationa : A. TIie pnt= aball en1111e compliance by 01P faaded wb·pu1~es with federal, 11th:, aad local en'1l'Oameotal, health, and safety law• ao.d regulatiout applicable to meth lab operations , to include the disJ,osal of the cbcmicale, equipm1111t, and wutet lWUllill& from lllo,e oper,tiona. B . The gtantee lhall have I Mitigation Plan in plaec that idcntifie, and documcnla the pcoceues ind points of 1cco1111tabillly wUhin ill Slate . Thlt plan wf1I be uaed to IIOIIU(e that the adverse e11Vil'cnmetl11l, health, and a!aty impaclt ~led in the Aas-t m milirated In & 1111111111' OODSbtent with tbe ™1aitowenta ofthil coadition. C. The gnntee ab•II monitor OJP funded meth lab operations to ensure that they comply wldi the fcllowi111 nine miti&ation measures ideatffled In the AsM1t1111Ut and ...t!oee implenientati011 is addressed in the aramee·, Mitiption Plan. Thcae mibgation mcaawea must be illc.luded u speeial COlldltions ill all eubgnnte : (See Part n oftbie ,poc,al COtlditiOD.) 7. l. Provide medical Soree!UIII of per1oanel uqned or to be ulipied by Ille erantee to !he Hizure or cloSW't of clande,dJie mctlllmpbctunine laboratories; :i . Provide Occup1tl0D1l S.Caty and Health Admini,tratian (OSHA) requited initial and rmuber training for law enforcemmt officllil IDd all o«ber personnel assiped to cidltr the selzvre or closll(e of clandestine inelhamphelllnille labo111orie,; l. ~ delenllined by their specified duties , equip rbe peno1111&l with OSHA 1CCJ11ircd prot:ctive wear aid other Rqllired H!ety equipment; 4. Auisn properly trained perlOllllel to prepare • OOIIIJ)rcbe!IIM OOlllm.iDatiou "'P(lrt on eaoh 1eimd/cl0Md laboratory; S. Utilize qualified dispo£al penOIIDtl to remove all chcml~s and U1Qci1111td glaawm:, equipfflent, and contaminated mala'lall and waaa. froDl the llte(t) a( each seized laboratory ; 6. Diapose of the chemicals , equipment, alld oonwni!IINd mareriels and wu• at properly li cenaed clilponl facilities or, 'tl'ben allowable, at properly licc:naed rccycl in1 facilities ; 7. Molli tar the trl1llpOrt, diaposal, and rec ycJille oompo11t1111 of sabpanipphl ntllll bered j _ and 6. lumiediately above iu order to IIIIW'B prop er comp!iauoe; 8. Have in plau and implement a written a,rumr.nt with the responsible .catt lllVU'0111J1cutal qa,cy. This ~ent must provide that the raepon,lblc etate eov,ronmenlll agency agrees to (i) timely IVll11118 tbl environm11111J condilion at and ar01.1Dd Ille site ofa cloled elllldllliDe laboratory and (ff) ooordlnatt wlt1l die retpoulble pmty, ptoperty owner, or othen to enaure that IIIQ' rmiduel contamlllAlioa Is t8111ediated, if determined ntealll'Y by lh• ,1a1a 111virOMMncal agency and in DCCOl'IW!c:e witb existing 111a and faicral J"IQUimnenlt; and 9. Have In place od l111plea,mrt a written aa-t with the r.ponsible 111111 or local savlce apncia to properly reapond to 111y minor, u dafined by I IIIC law, at the li te . Thlt llfMl!lllll mvlt enaun imm~ rupoue by qualffied pmonoel who can (i) rapond to the poleDtial health needs of any millor at die site; (ii) lab that minor into protaodve cu,tody UA!es, tlle minor is criinlnally lnvolvad ill lb•~ lab ICGVltl 111 or ii 111bject to urat for otlaer crimial viol •tlD11'; (iii) -ure lmmedilte 111ed1cal *tin& fo r me~ ioxlclty; and (Iv) IIT'lf181 for any follow-up medical ttsa , exarninalions, or health_.. made necealU)'" a !'lllllt ofmclb11111phellniine toxicity . OIP POIW 4000/2 (UV. 4-11) P. 00 5 2007 /SEP /10/MO N 15:44 • Departui..t or Jllltice Otlice of Jllltice Programs Bareaa or .Justice Aaliltaace AWARD CONTINUATION SHEET Grant SPECIAL CONDmoNS PA01! 4 OF S g, T11s 1'9dpimt &pN' to submit 1IO BJA for review and approval aay curricul&, lrlimna materials, or an,y other writtai UIIIBrials dw 'WiD be pablillled, li,chadmg -b-baed 1111teriall llld web llul OOllhQt, ttuvugh ibnda &om due arant at llllt thirtJ (30)-'cia, daya prior IO !lie lll'pced diaemiaal!OD dalB. 9, To avoid dllplicatia, IIIUlliq UCwodcl or IT IYIIEIIII ID. qy laQtiatiws &mded by B1A for law enforcancot IDtbrmltiOll alwiq ,yatam which i11volva ilden1atll ooanectivib' bttwee11jUrlJd!odoa, 1111ch .,-11,all e,iq,loy, to die extlllllt poalblc, cidatm1 IICtwarb u the comnnillaCion baokbone to achieve im,,mate coimetUvky, 11111111 the pmtM Dall delnoMnle 10 Ille lllldllcdon of:BJA that dri5 requi-t WOllld not be ccm d'lwcdw or WVDld impair the moliowllit), of n exiatins or prOpoee4 IT 1Y111m1. IO. To npport pubtic ,ai,ty and justice infomwioG shariQg. OJP nqulrc:a the pntcc to ue the Naeioaal lllfinmalion Excliinp Model (NIBM) apeolflcldou '8d pldellnee for ltri1 putiC11lar lfllll. <Jnniee lhal1 publllh aud inab available without ratriatioa alt 1ebem11 pamled u I mult ofdtil pant to the DOa,posimt reliStrY u IJ*lfled ill Ole pidelinec. For IIIOf9 illfbmlldon °" coraplluicc wltb dril special condiliOII, visit hap:t,-.,..,nlom.plmlplmnematioapde.php. I I. lbc nclplcDt II ~ Ill Cllabtilh a trult bid IOCOIIIIL (Tbc tnut fwd -r or may DOt be en interes~bearill& IIOCOllllt.) 1be 11111d may DO< be Qad t0 pay debta inmned by other activities bayond die seopc of Ch& Edwud B)'l'IIC Manorial 1ultice Allistut1i ann, Plol!'IIII (IAG). The raciplen.t allo lll"Ol!I to oblipte 111d expend the lfllll 111114s in the tnast filnd (includiag any iutznet emned) dmin& the i,eriod of dte crmt Vfl!ll flindl (lnoludlng any mteiwt eamecl) DOt expended by the end of the aret period must be Rtlll1ICd IQ the Ban:au of Jmtiee AlsiSIIIIOe no later thin 90 days allw Ole 11114 of die pet period, •I011g with the fill&l submiaiacl oftha Financial SU.. lleport (SF-269). 12. The pan-•srca to comply with all rcportiaa. dlll coDec:tioa 111d evalll&Qon requin:,n,,,ai., • pn,ecn'bed 1,y the BJA m 111e prosr1111 pidlmce ror 111e JUllioe AntrtlllCC ar..t (JAG). Coaipliance with these ffllUireme1111 will 1ie monltcnd by BJA. t l. lbe ~I Ill"' dial ail)' ln1bla.atioo tldmology ay1111111 flllldad or IUppofflld by 01P fmad, wilt crmpl)-wida 28 C.F .IL Part 23, Crlmlnal lal8llipDce Syllalla Opw9dq Poliei-. If OJP dlJanrine5 this replation to be applicable. Shoulcl OJP delmmi1le 28 C.f .IL Part 23 to be appllclble, OJP nay, 1t Ill dilondan, perform adttl oftlle ~. • pt:rll C.F .R.. 23 .lO(g). Should myviolationof28 C.F .R. Part23 ooazr, tl1cra:ipic::otmay befiaech1 per42 U.S.C. 37191(cK4), Rcciplalt may not llliel'y ncb • ftne wilb federal flmds . l 4. The recipient qreca that all income ceraerated • 1 ditt.ct result of dlis IWll'd shall bt d-..d pn,p,m, iliconae. All propmn mc:ome 1111111 be ICCOlllllld for and IIICd for die JIIIIP09CI under the conditions applicable filr the 111e of funds 1llldcr Gu award, illDhilliDf Ibo dll,c,tn,e edition of Ille 01P FinlDcial OQide 111d, IS 1pplleable, etdier (l) ~ C.P .It.. part 66 or (2) 28 c.F.ll pert70 aid 0MB Circular A-110 . Further, tlie aae ofpn,pmi mcome must bullowa on tile quarterly Finaocial Slatm Report, SF26!J . I S. Tllo recipient ~ to 1111111'1 !hat Ille Stltl Information Tccllnolo,:y Point of Contact reoeiYIII writ11111 ootiftoatioo reprdins 111y informatioo eedmology project funded by tu sr-l dwillc the oblicatioa 111d e,q,eadllUre C*io4, Thia is to facilitale -1oation unon1 looal and Nie ~•..ual •tldel raprdlns Vlrioas lmbnutloo l&Clmol111Y pt0jtct1 '*111 ooadtlolld wldi Ill.-pat fliD.a. In addition, Ille 111Clpimt ..-to llllilllliD. 1n admmilnave Ila doaumenliac the ll*tia& of thia requirement. For a lilt of SCalS Jnfonnetlcm Taahllolol)' Polnll of Contact. ao to bnp:/lwww .ojp.llldoJ.gov/lC/ltala.htm . P. 00 6 -·---------------- 2007/SEP/10/MON 15:45 • Depu1meat ot1ustice Of!loe of Jllltioe Proeram, Bureau of Jmtlce Assistance AWARD CONTINUATION SHEET Grant SPECI.4L CONDmoNS PAOI S OP S 17. Grantee qrees to c:ompt,with all oonfidenllality requlre:meam of '42 U.S .C. aectioa 3789& llld 28 c.r.R. Part:U tbat llt llJPlloable to conec,tlon, use, and reveladon of dala or lnfonaatiOD. Oraatiee further qrees, u • condition of pent •pproyal. to aubmlt I Privacy Cc:tti1lcata that is la accord willl requlnmeatt of28 C.F.R. l'art 22 aad, ill panicalar, xelion 22.23. 20 . Recipiedtlll&Y not oblipie, ciq,ead ar drrwdawa fimds aDlil die BurftU of~~. Oflice of'haltic:e Propms (BIA) Ila receivcd dooumemllioa ~ Chat the~ ot loc:al IOvemiD& body miff roJ/ar: =-mil)' aodfleatloa .equhew,;uts b•vc been IJ'lcl 111d has ilsued a Ormt Adjlnlmmt NotiOll (GAN) relwin& thit spcai9l ooedltlon . 01P FOIIM o400Cl(l (UV. +II) P. 007 \ PLEASE PRINT NAME City of Englewood AGENDA ITEM 10 (a) ILlC HEARING ROSTER DATE: October 1, 2007 ADDRESS Case No. ZON2007-003 Council Bill No. 51 /W CITY OF ENGLEWOOD CERTIFICATION OF POSTING ATTACH PHOTOGRAPH(S) HERE Attached are photographs of the four ( 4) signs erected per the attached diagram on the following described properties: Address: 3520, 3530, 3546 and 3556 South Clarkson Street Legal Description : Lots 5 -16, Block 4 , Higgins South Broadway Heights -CONTINUED - 1, I. ' . l i 1 ! I I ' I I : I i I hereby certify that the above-described property was posted continuously for a period of ~ days, from September 15 to October 1, 2007 Signature Rw-.-rl(!'.' ~~l{r«,"~ Relation to Property IP-I--~z Date State of Colorado ) ) ss County of Arapahoe ) Subscribed and sworn to before me this /~ day of tf/dek r" 2007 ~-~- ~1"6 ,J,, t~., .. ,g. ~-~lo. 7D//.3 My commission expires : __ /_0 ... 0'-->-~,,_0_41_....._? ____ ___ Certification must be presented at the public hearing. Community Development Department 303-762-2342 Page2 of 2 TICE oF HEA · ,PU1uc 1111111 RING ~~··••7:····~=~AJ .. asme.-.-..:=c=:IEGWTTOIZlll111..:::... mm. -- C HEARi BE HELD BEFORE 1000 ENGLEWOOD 1 t!~'-1 .1001 at 730 ~-··:~ii:s~~~HR~~:\!~ PROPERTIES IDENTIFIED UIY lll(il!WOOO COIOIAOO , 10 CO 11 i110 mo JS46 , ANO JSS6 sou1H cllllll STREET. 111 NtNS11111.-wou -DI ZONING FIOM MU·1·3·1: MIXED 111 •111111Al/U11l11 OffKI tlmlCT TO MU·I· 2: MIIID•USE coum111 t11111CT m "'•" aaan11u-1-2 USES ON THIS SITE. - · NOIICE Of HEARING .,u1L1C HIARINGW1111EHEIOIEFOIE c.,d•i)c11W I lflJI 111 .JOPM •THE cOUIIC l cHAMl(~AI 1000 ENGUWOOD ,,:.,.111,uwoao. (OlilUDO, 10 (OIISIOII A llOOEII IO REZONE 1"1 PIOP{UIEI 11)(N11flED lS lilO. lSJll . 3146 AID JSS6 IOUTH Clll , 'IOII IIIEll ............... e11111111 z-.... 11M·Ni ••• -~---""""" 111+2: ....... _-'_,...._. .... , .... t111sm. IIQI aatSlll a lllS lllllll lllT I MIMD Al 111 PUILIC IIUIIIG Al !ME Ell6UWOOO on au. IOI lllll lRIIIMllll 1111411 lllll!!!IG llQUfil. COITICI l1IE mul81 !DllaTI IOOGfllll ll ?Jll.762-!342. PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE I, Asa Cole, do solemnly swear that I am the President/Publisher of The Englewood Herald and that same is a weekly newspaper published in the City of Littleton , in the County of Arapahoe, State of Colorado , and has a general circulation therein ; that said newspaper has been published continuously and uninterruptedly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice; that said newspaper is entered in the Post Office of Littleton, Colorado as Second Class Mail matter and that the said news- paper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado , approved March 30 , 1923, and entitled "Legal Notices and Advertisements· and other acts relating to the printing and publishing of legal notices and was published in the regular and entire issues of said newspaper, once each week , on the same day of each week , for a period of tconsecutive insertio ns and that the first publication of said notice was in the issue of sai d newspaper dated September 7 2007 . The last publication of sa id notice was in the issue of said newspaper dated September 7 2007 . ____ A!L_ --- Signature of President/Publisher Asa Cole Subscribed and sworn to before me , a Notary Public , this 101h day of September 2007. Number of Lines ""46.__ ___ _ Pr.:e per Lon e. ,.S_;.« _____ _ Pllbhcatoon Cost _S20aa.-2 ... 4 ---- Accoont Numbel" 32101983 I PUBLIC NOTICE CITY OF ENOLEWOOO NOTICE OF ~BUC IEARINO N-. lo -y ...... itH1tthe Cit)' councl of the Cit)' or Englowoocl, c-. -.. -..... Pullllo ~ ot •"-'"'Cit)' Counoll IINllng a, -1,JIOT, ot Tc:IO p.m . lndlo CIII'-c-.. ol Eng-CMcC..r, 1000 E1111-"""'-· to...,.rlnput on A ORDINANCE APPROVING THE -OF LOTI ITHROUOH H , IILOCK 4, HIOGINI IOUTH BROADWAY HEIGHTS WHICH 11 LOCATED IN THE :IIOO BLOCK OF SOUTH CLARKSON ITIIEET FROM MU./14-11: IIOO!D-IJSE RESIDl!NTIAUUMITED OrPICE· RETAIL DISTRICT TO MU~; GENERAL ARTERIAL BUIINEIS ZONE DtS'TRICT . tCouncll 1111 No. S1 .) All tn•rNllld pertln may expr9n oplnlono In parson at tho Pulollc Haring or In wrttfng to b9 recetwcl by tho Cit)' Clorto by 1:00 p .m . on October 1, 2007 . Anyone wf1hlng to tpeolt II tho Pulollc HoO<ln9 m1y colt tho City Clari<'• Offlco, :I03 .Tll2.2405 « 303.712.2407 to ,c11oc1u1, tholr pn:Hntatk>n or • t~n~ ahfft wtn be 11vallab• at th• door. By onlor ol tho l!nglowood cny CounclL Loucriohlo A. Ellie, MMC Cll)'Clertl Cll)'oll:nl- 1000 J!ng-Porkwoy Englowoad, Colomlo l0110 l'UBLJmm): ..,..._ 7, ZII07 ENOLEWOOD HERALD 3023 COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 1, 2007 10 a Base Rezoning : Lots 5 -16, Block 4, Higgins South Broadway Heights Initiated By: Staff Source: Craig Hospital Tricia Langon , Sen ior Planner PREVIOUS COUNCIL ACTION Council considered the proposed base rezoning request at first reading on September 4, 2007. Council set a Public Hearing for October 1, 2007. REQUEST The applicant has submitted a request for a Base Rezoning to rezone the subject property from MU- R-3-B : Mixed-Use Residential/Limited Office-Retail District to MU-B-2: General Arterial Business Zone District. RECOMMENDED ACTION Staff recommends that Council consider te st imony during Public Hearing on the proposed base rezoning and approve the requested rezon i110 . BACKGROUND Th e subjec t pa rc el is co mposed of fo ur (4) adj oin ing properties that each c ontained a single-unit resi d ence until th eir purcha se b y C ra ig Hospital in 2004. The houses were demolished du e to their uninhab itabl e con dit ion. Th e 0.93 acre parce l is c urrently vaca nt and th e grass lands ca p e is maintained by Craig Hospital. Located on the east side of the 3500 b lock of South Clarkson Street the subject parcel is one bloc k south of the Craig Hospital main campus. The subject parcel was annexed into the City in 1946, and was originally zoned for single-unit residential use . The parcel was part of an area-wide rezoning in 1963 to R-3-A, M ult i-Family Residence Dis trict; and in 1975 to R-3 : High Density Residence Distri ct. In 2004, w ith th e adoption of the Unified Development Code (UDC), the R-3 dis trict was rename d MU-R-3 -B and the dis trict's high density designation was retained . The adjoining vacant property to the north, which is also owned by Craig Hospital, is zoned MU-B- 2: General Arterial Business Zone District, and is part of the East Hampden Avenue commercial c orridor (See attached Site Plan). The surrounding properties to the south, east, and west are zoned MU-R-3-B. Spe ci fi cally the adjoining property to the south is vac ant; adjacent properties on the , west side of South Clarkson Street include commercial, multi-unit residential, and office uses; adjacent properties to the east, across the alley from the subject parcel, include single-unit and two- unit residential uses, commercial use and vacant land. BASE REZONING CRITERIA i .. ., .,...,--. A Base Rezoning reassigns a parcel's zoning classification by replacing the existing zone classification with an already established zone classification identified in Table 16-3-1 . 1: Base Zoning Districts . Pursuant to 16-6-7 :B 1 b Minimum District Size, a base district rezoning application shall only be considered for properties greater than thirty-seven thousand five hundred (37,5 00) square feet and contiguous to a compatible zone district. For purposes of this Section, "c ompatible zone districts " are districts within the same base zoning district headings as identified in Table 16-3-1 .1. The subject parcel is 40,5 00 square feet in area . The subject parcel shares a property line with the MU-B-2 zone district to the north. The applicant proposes to rezone the subject parcel to MU-B-2, the same zoning classification as the contiguous property to the north. Since the rezoned subject parcel and the contiguous MU-B-2 property would have the same zone classification they therefore would be "compatible". 2 ------------ Pursuant to 16-2-7 : H, base rezonings shall be approved only if Council finds that the proposed rezoning meets criteria listed below: 1. For base district rezonings, the proposed rezoning meets one of the following criteria : a. That there has been a material change in the character of the neighborhood or in the City generally, such that the proposed rezoning would be in the public interest and consistent with the change; or b. That the property to be rezoned was previously zoned in error; or c. That the property cannot be developed, or that no reasonable economic use of the property can be achieved, under the existing zoning. The basis of the proposed Base Rezoning application is Criterion 1 a: material change in the character of the neighborhood. The subject parcel and surrounding area have had several zoning classifications in the sixty years since being annexed into the City. The zoning has evolved from single-unit residential to multi-unit use and currently to a mixed-use district with more intense uses. With this progression the overall character of the surrounding neighborhood has changed; its fabric is no longer homogeneous, but varied and diverse while supporting the surrounding medical community. The proposed rezoning to MU-B-2 is consistent with the neighborhood's material change and promotes the current or mix of uses in the area . Englewood's health care sector is approximately 15% of the municipal employment base and is expected to continue to grow. The City's economic development strategic plan proposes that "the City of Englewood should explore the prospects for attracting related medical manufacturing and service companies to feed off of the city's healthcare concentration ." Roadmap Englewood: 2003 Englewood Comprehensive Plan recognizes that health care is an anchor of the City's economy. It also recognizes that the area surrounding Craig Hospital presents opportunities for the City and identifies the area as having "high redevelopment potential". Roadmap Englewood states : "The City of Englewood will work together with both Swedish and Craig Medical Centers to develop plans for new improvements to the med ical fa ci lities, as well as for the mi x of housing and services surrounding the area . The City encourages new b io-med ical rel ated bus i nesses that w ill benefi t fr o m a location near th e two hospitals. The City also sees a potential for additional businesses that will provide goods and services to hospital employees, patients, and visitors." Within the past year th e City conducted several Medical Dist rict Small Area Plan sta keholder m ee tin gs t o study ways to enc ourage and acco mm o date appropria te re d evelop ment surro und ing th e nearby h o spitals. Th e Engl ewood D owntow n and Medical District Sm all A rea Plan -2007 labels th e su bject p arcel as b ein g p art of Medical Sub-area 6 and identi fies Sou th C lark son Street as being a key en t ryway to the hospital from US Hwy. 285. Th e subject parcel is furth er ide ntified in the study as a "developmen t o p port un ity." Broad goals for the Medical District named in the Plan include Goal 3 : "Work closel y with Swedish and Craig Hospitals to accommodate facility expansion in a 3 manner that preserves and enhances the quality of life in surrounding neighborhoods." The following Goal 3 objectives support the requested rezoning of the subject parcel : Objective 3-2 : Encourage medical facility expansion to include commercial space intended to serve the needs of the medical community, hospital visitors, and neighborhood residents. Objective 3-4: Work with hospitals to develop employee and visitor parking and transportation solutions that protect surrounding residential neighborhoods. More specifically, the goal of Medical Sub-area 6 is to "Promote Sub-area 6 as an area of change" through the following objectives : Objective 6-1 : Encourage the development of new mixed-use medical facilities, offices, multi-unit housing, and small-scale commercial uses. Objective 6-2: Allow greater development intensity, and encourage mixed-use development throughout the sub-area. Objective 6-3: Explore the potential for revitalizing existing multi-unit buildings. Objective 6-4 : Explore potential parking and transportation management options for accommodating new and existing development. The City recognizes the economic and social welfare value of the hospitals to the community as demonstrated in the goals and objectives of the Comprehensive Plan , Economic Development Strategy and Medical District Small Area Plan. 2. (Criterion 2 applies only to Planned Unit Development (PUD) or Transit Station Area (TSA) rezonings). 3 . All rezonings shall meet the following criterion : a. The resulting rezoned property will not have a significant negative impact on those properties surro unding th e rezon ed area and that the general public health, safety and welfare of th e community are protected. The subject parcel and surrounding properties are in an area identified as an area of change . Any redevelopment of the site must meet City regulations and applicable Codes requirements. The City 's development review process is designed to protect public health , safety and welfare ; therefore significant negative impacts are not anticipated with any rezoning of the site . SUMMARY The proposed Base Rezoning meets requirements established in Title 16 for minimum district size, c ontiguity and c ompatibility, material change in the character of the neighborhood, and protection of public health, safety and welfare. 4 This proposed Base Rezoning will alter the City's Zoning Map and will allow all permitted MU-B-2 land uses on the subject parcel. The rezoning to MU-B-2 could ease parking in the area, allow biomedical research or other facilities necessary for Craig Hospital's continued operation in the City, as well as retail or service uses benefiting the neighborhood, Craig Hospital, and the City. Therefore the proposed rezoning is in the public interest and consistent with the change that has and continues to occur in the area. LIST OF ATTACHMENTS Bill for Ordinance 5 ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER~~~~~~- ABILLFOR AN ORDINANCE APPROVING THE REZONING OF LOTS 5 THROUGH 16, BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS WHICH IS LOCATED IN THE 3500 BLOCK OF SOUTH CLARKSON STREET FROM MU-R-3-B : MIXED-USE RESIDENTIAL/LIMITED OFFICE-RETAIL DISTRICT TO MU-B-2: GENERAL ARTERIAL BUSINESS ZONE DISTRICT. WHEREAS, Craig Hospital submitted a Base Rezoning Request in order to rezone a parcel of land, .93 acres in area, from MU-R-3-B: Mixed-Use Residential/Limited Office-Retail District to MU-B-2 : General Arterial Business Zone District; and WHEREAS, the subject parcel is composed of four (4) adjoining properties that each contained a single-unit residence until their purchase by Craig Hospital in 2004; and WHEREAS, the adjoining vacant property to the north, which is also owned by Craig Hospital , is zoned MU-B-2 : General Arterial Business Zone District and is part of the East Hampden Avenue commercial corridor; and WHEREAS, the rezoning creates opportunities for redevelopment of the entire site; and WHEREAS , the base rezoning is consistent with both the City 's Comprehensive Plan and the Small Area Plan; and WHEREAS , the Englewood Planning and Zoning Commission held a Public Hearing August 7 , 2007 , reviewed and recommended the rezoning of this property to the Englewood City Council ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado finds that: A. There has been a material change in the character of the neighborhood such that this rezoning will be in the public interest and will be consistent with the change; and B. This rezoning will not have a significant ne gative impact on surrounding properties and will not harm the general public health, safety and welfare of the community . Section 2. The rezoning of Lots 5 -16, Block 4 , Higgins South Broadway Heights; a lso known by street addresses of 3520, 3530, 3546 and 3556 South Clarkson Street, to MU-B-2 : General Arterial Business Zone District, Englewood, Colorado is hereby approved by the Englewood City Council. Introduced, read in full , and passed on first reading on the 4th day of September, 2007 . D Published as a Bill for an Ordinance on the 7lh day of September, 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 4th day of September, 2007 . Loucrishia A. Ellis For your consideration Council Bill No. 51 Request by Craig Hospital To rezone Lots 5 -16, Block 4, Higgins South Broadway Heights From: MU-R-3-8 Mixed-Use Residential/Limited Office-Retail District To: MU-B-2: General Arterial Business Zone District. NOTE for simplicity purposes in this h earin g R-3 -8 a nd B-2 Submit for the record Proof of Publication Englewood Herald on September 7, 2007 Certification of Posting from applicant Recommendation CD recommends approva l of the rezoning request Subject property is a .93 acre parcel east side of the 3500 block of South Clarkson Street. composed of four (4) vac ant, adjoining properties c ommonly know as: 352 0, 3 5 30, 3546 and 3556 South Clarkson Street Adj ace nt to Crai g Hosp ital ow ned property to th e north; zoned MU-B-2; and fronts on Eas t H am pde n A ve nu e co m m ercia l c orridor. Th e surrounding prope rt ies North B-2 owned by Craig Hospital vacant vacant. Privately owned South R-3 -B East R-3-B Wes t R-3-B across alley : single, two-unit residential uses, commercial and vacant across Clarkson Stree t incl u de commercial, mu lti-unit residential, and office 2 REZONING PROCEDURE: All rezonings subject to 16-2-7: Official Zoning Map Amendments (Rez onings) (EMC). 2 types of rezoning procedures: Base Rezoning and Pl anned U nit Development (PUD). Base Rezoning reassigns a parcel's zoning classification from one zone classification to another identified in Tabl e 16 -3-1 . 1: Base Zoning Dist ricts. Not a PUD -no negotiation -B-2 or not If approved : Result B-2 zone Amends the Official Zoning Map Allows all uses id 'd in Table 16-5-1.1 Tabl e of Allowed Us es Future development subject to B-2 standards Analysis Dimensional requirements Landscaping • Neighborhood meeting May 9, 2007 • Proposed PUD reviewed by DRT no issues identified • P&Z public he aring August 7, 200 7 recommendation for approval Base Rezoning criteria 16-2-7: Official Zoning Map Amendments (Rezonings) 5 Cri t er ia 1. Minimum District Size 37,500 square feet 40,500 square feet in area 2. Contiguous to a compatible zone district Page 2 of communication The subject parcel shares a property line with the MU-B-2 zone district to the north. It extends an existing district Since the rezoned subject parcel and the con tiguous MU-B-2 property would hav e th sam zone classification they therefore would be "compatib le ". f, Criterion# 3. Consistent with the Comp Plan Roadmap Englewood: 2003 Englewood Comprehensive Plan recognizes health care is an anchor of the City's economy. area surrounding Craig Hospital presents opportunities for the City and identifies the area as having "high redevelopment potential". Medical District Small Area Plan -goal = "work closely with hospitals to accommodate facility expansion in a manner that preserves and enhances the quality of life in the surrounding neighborhood" 4. proposed rezoning meets one of the following criteria: a. That the property was previously zoned in error; or 3 b. That the property cannot be developed, or that no reasonable economic use of th e property can be achieved, under the existing zoning. c. That there has been a material change in the character of the n e ighborhood finally Craig Hospital request based on the latter criterion = material change Progressive changes in neighborhood from single-unit residential to multi-unit use and currently to a mixed use district with more intense uses, Change in neighbor hood fabric promotes the current or mix of uses in the area. Medical Small Area Plan objective of working with the area hospitals to enhance the neighborhood "Encourage medical facility expansion to include commercial space intended to serve the needs of the medical community, hospital visitors, and neighborhood residents." This goal not achieved without commercial zoning 5. genera l public health, safe ty and welfare of the community are protected. Conclusion: The subject parce l and surrounding properties are in an area identified as an area of change. Any redevelopment of the site must meet City regulations and applicable Codes requirements. The City's development review process is designed to protect public health, safety and welfare; therefore significant negative impacts are not anticipated with a rezoning of the site. Requ st meets the base rezoning requirements. Th r for e CD recommends approval of request rezoning of Lots 5 -16, Block 4 , Higgins South Broadwa y H eights From : To : MU-R-3-8 Mixed-Use Residential /Limited Office-Retail District MU-8-2: General Arterial Bu siness Zone District. ---------..... ==-=------------ COUNCIL COMMUNICATION Date: Agenda Item : Subject: October 1, 2007 11 a i Biosolids -Beneficial Use, Farm Land Purchase Initiated By: Staff Source: L/E wwrP Supervisory Committee Stewart H . Fonda, Utilities Director Jim Tallent -Operations Division Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1995/96, Council approved the purchase of 6,400 acres of farmland approximately 25 miles east of Byers, Colorado to be used as a long-term, beneficial use, application site for biosolids produced by the Littleton/Englewood wwrP. RECOMMENDED ACTION The Littleton/Englewood Sup v ervisory Committee recommends that Council adopt a Bill for an Ordinance to approve the ex ecution of the option agreement to purchase of 1,270 acres im med iatel y adjacent to ou r c urrent biosolids application si te . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1995 and 1996, the Littleton/Englewood WWfP was granted approval by the Cities of Englewood and Littleton to purchase a total of 6,400 acres of dryland farm property to be used for long-term applicat ion of biosolids generated b y the facility . These sites were selected based on c riteria established by regulatory requirements. In November of 2006, th e L/E WWfP was contacted to i nquire of interest in purc ha sing 1,270 acres of dry lan d fa rm p rop erty adjace nt t o our c urrentl y owned prop erty. Th ere ar e approx imate ly 801 acres in dry land farm use and 464 acres in pasture, used to graze cattle. Cursory review indicates all this acreage is suitable for wastewater biosolids application. A map of the proposed site is attached. The benefit of this purchase is that it will provide additional acreage for the beneficial use of wastewater biosolids, extending our application site life, based on regulatory limitations. The proposal was discussed wi th the L/E WWf P Supervisory Committee and approval was given to proceed wi th securi ng an option purchase agreement on the property subject to approval of Englewood and Littleton City Councils . FINANCIAL IMPACT In order t o obtain an option to purchase this property an option payment of $82,500 will be required upon execution of the option agreement. At closing, 100% of the option payment will be credited against the total purchase price of $550,000. Although not a budgeted expenditure for 2007, sufficient funds are available in respective Cities sewer funds. The cost of this expenditure will be shared 50/50 by the Cities of Englewood and Littleton; therefore Englewood will be responsible for $41,250 of the option payment, and $275,000 of the total purchase price. LIST OF ATIACHMENTS Original Land Sale Proposal Meier Property Map Option Agreement Bill for an Ordinance TO : LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2900 S. PLATTE RIVER DRIVE ENGLEWOOD CO. 80110 FROM: GARY AND NANCY MEIER 3265 SCR 185 BYERS, CO. 80103 303-822-5858 E-MAIL: JTALLENT@ENGLEWOODGOV .ORG CC . MEIER@NETECIN .NET RE: THE PURCHASE FARM AND GRASS LAND IN EASTERN ADAMS AND ARAPAHOE COUNTYS JIM, PER OUR CONVERSATION, A PURCHASE PRICE OF $550,000.00 FOR THE 1270.63 ACRES. THE BREAK-DOWN IS: 801.0 DRY LAND FARM, AND 464.63 PASTURE . THE ADAMS COUNTY PORTION IS 311 ACRES (EYi S 33 3S 57W). THE ARAPAHOE COUNTY PORTION IS, 319 ACRES (WYi S8 4S 57W), 640 ACRES (S 17 4S 57W). ADDITIONAL THINGS WE NEED TO ADDRESS ARE. I-RADIO REPEATER TOWER 2-MINERAL RIGHT 3-LEASE BACK 4-GOVERNMENTPROGRAMS A-CSP B-EQUIP C-PRODUCTION FLESIBILITY ACRES ( ,--- 18 19 -· \ l ; \ ,\ /--·J J ( I ' '. I 0.. UM lubfKt to lic:«,se, C> 2oo.t Delorme. Topo USAie 5.0. www .CMlonne .com --, Topo USA® 15.0 l .-,\ . ~ \ l ,., r I ,J ( \ -- 16 ) 1 State Land \ --- ) ~\ tl!'.N'lJEncllewood '·ft··~Fsrm Bem ' -....... __ 29 ,- 1 MN(l.8.E) } '\ \ \ \ ·1 I _,- / '--, I.--'· ··--. Medlodc ~ ,· l .f- ~ml 0 % % % 1 1% 0... Zoom 1 :,.o OPTION AGREEMENT THIS OPTION AGREEMENT ("Agreement") is entered into by the Parties this_ day of October, 2007 , by and between Gary C . Meier and Nancy L. Meier (also known as Nancy Lynn Meier), whose address for the purposes of the agreement is----------- (hereinafter, "Seller"), and the City of Littleton, Colorado and the City of Englewood , Colorado (hereinafter, jointly referred to as "Purchaser"). Pursuant to this Agreement the Cities shall pay to Guaranty Bank the interest due on the Seller's promissory note to said Bank in the amount of $82,500.00 ("Interest Payment"), and the Seller hereby gives and grants to Purchaser the exclusive option to purchase the following described property: Section 17 and the W/2 of Section 8, Township 4 South, Range 57 West of the 6th P.M ., Arapahoe County Colorado; and the E/2 of Section 33 , Township 3 South, Range 57 West of the 6th P .M ., Adams County, Colorado , comprising a total of 1270.63 acres, more or less, together with all improvements thereon (the "Property"). On execution of this Option Agreement, Purchaser shall have the right to enter upon the Property and perform at Purchaser's expense, soil tests, surveys , inspections , and environmental assessments as the Purchaser deems necessary. Purchaser and Purchaser 's employees and agents are hereby granted the right on ingress and egress on and across the Property for the purpose of performing the above-described acts; provided that Seller is given notice at least two days in advance. If Purchaser decides to purchase the Property , Purchaser must notify Seller on or before December 15 , 2007 , which notice must be in writing and sent by registered or certified mail or delivered personally. The total purchase price of the property shall be $550,000.00 which shall be paid at closing; provided, however that the Interest Payment shall be credited against the purchase price . If the option is not exercised on or before the above date , the Interest Payment paid hereunder will not be refunded to Purchaser . In the event the option is exercised, the Property will be transferred and the closi ng will take place upon the fo ll owing terms and cond itions : 1. The purchase price will include all fixtures and appurtenances, incl udin g b ut not limite d to, all buildings , out buildings , barns, silos, currently on the Property, all in thei r present condition, free and clear of all encumbrances . 2. Purchaser shall obtain a title insurance policy after the closing and pay the premium thereon . 3. Closing shall occur within sixty (60 days) of the exercise of the option. The time and place of closing shall be designated by the Purchaser. At closing Seller shall convey merchantable title by a good and sufficient general warranty deed , free and clear of all taxes and encumbrances. 4. Taxes, as determined by the current levy and assessment, and all pre-paid items shall be apportioned to the date of closing when the deed and possession of the property shall be delivered to Purchaser. 5. In the event Seller defaults under the terms and conditions hereof, the Purchaser shall have the right to an action for specific performance of this contract. In the event a civil action is filed regarding the terms of this contract, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorney's fees. 6. Simultaneously with closing and transfer of title to Purchaser, Purchaser shall execute and deliver to Seller a leaseback of the Property in form and content as set forth in Exhibit A, attached hereto. Gary C. Meier Nancy L. Meier CITY OF LITTLETON CITY OF ENGLEWOOD By:------------By: ------------- Mayor Mayor ATTEST: ATTEST: -----------------------City Clerk City Clerk 2 ( EXHIBIT A FARMLEASE THIS LEASE is made and entered into by and between the Cities of Littleton and Englewood, collectively referred to hereinafter as "the Lessor'', and , the Lessee . On this date, the Lessor has leased to the Lessee, the following described premises situated in the Counties of Arapahoe , State of Colorado, to wit: together with all buildings and improvements on the same (except as hereinafter mentioned) for the term of one (I) year, renewable annually for five (S) years commencing on (date), and ending on _____________ (date) at the rent of$8 .00 (eight dollars) per acre per year on crop acres, L__ acres). The rent is to be paid or delivered, as follows : by January IS (following the crop grown) of each year that this lease is in effect. The Lessor makes the following reservation, to wit: N/ A The Lessee agrees as follows : 1st. To thoroughly plow, cultivate and farm in a farm-like manner, all lands upon said premises not in tame or wild grass, or in timber. 2nd . To use said premises as a dry land fann and for no other purpose whatsoever, and especially will not let said premises or permit the same to be used for any unlawful business or purpose whatsoever . 3rd. Not to sell, assign, sublel, or relinquish said premises without the written consent of the Lessor, under the penalty of a forfeiture ofall the rights of the Lessee Wider or by virtue of this Lease, at the election of the Lessor. 4th . To guard said property, buildings, gates, fences, vines, shrubbery, and orchard from all damages ; to keep the buildings, glass, gates and fences in as good repair as the same now are , or may be at any time placed in by the Lessor; to do no act whereby any insurance on buildings may be invalidated; not to remove nor allow any other person to remove from said premises any of the fences, buildings, trees , shrubbery, or any of the improvements of any kind. Sth . No furrows shall be run so as to cause ditches to wash said premises, unless first having a written consent of the Lessor. To clean out and maintain in good repair, during the operation of this Lease , all ditches belonging or appertaining to the above described land. 6th . To well and seasonably put in and tend to said crops; to have all small grain threshed by October I of each year; and if not threshed or cribbed as stated, the Lessor may proceed to do so after ten ( I 0) days notice to the Lessee , and take enough of the Lessee's grain to pay expense of such gathering or harvesting, or threshing ; that the tame or wild grass is to be well harvested and taken care of; that no young or growing timber is to be cut or used which is now growing on said premises; that no rails, boards or posts are to be used or appropriated as fuel or other purposes . 7th . To accept the fences upon said leased premises as they now are.existing 8th . That at the expiration of this Lease, or upon a breach by the Lessee of any of the covenants herein contained, without funher notice of any kind, to quit and surrender the possession and occupancy of said premises in as good condition as careful use and natural wear and decay thereof will permit. 9th . That all goods and chattels, or any other property used or kept on said premises, shall be held for the rent or damages under this Lease, whether exempt from execution or not, meaning or intending hereby to give the Lessor a valid and first lien upon any and all goods and chattels, crops and other property belonging to the Lessee : I 0th . It is funher agreed: That Lessee shall cultivate sound any structures or facilities constructed by Lessor and where applicable, and shall not impair Lessor's Operation of Domestic wastewater biosolids application . The Lessor reserves the right to cancel the lease during its tam for any oftbe following reasons : a) if the Lessee should take any action or fail to take any action that threatens the Lessor 's interest in the property, including the violation of any environmental laws, rules, regulations or standards ; b) if the Lessee should fail to abide by the Lessor's instructions cooceming residual nnroaeo levels in the soil ; c) if the Lessee is farming in a manner which limits the Lessor's ability to apply biosolids to the propaty; d) if the Lessee is not farming in a manner that constitutes good fanning practices ; e) if the Lessor determines that it will no longer utilize all or part of the property for the production of crops. It is wlderstood and agr-1 that the Lessor reserves the right to cancel this lease at its sole disaetion. Should Lessor elect to exercise its right of cancellation, it must do so, in writing, at least sixty (60) days prior to the anniversary date hereof, in which event this lease shall be terminated effective on the anniversary date and neither party shall be entitled to further payments or damages as the result of said termination except for any payments due and owing at the time of cancellation . 11th . That all payments from the Lessee &hall become due and payable upon forfeiture of said Lease, or abandoning said premises, and if it becomes necessary for the Lessor to bring action at law to recover possession, damage or rent, the Lessee agrees to pay a reasonable attorney's fee therefore, and all costs attending the same . 12th. It i.1 tiriwr l(P'Cled that if the land desaibed herein is sold or rented to another lessee for the years of this agreement, said lessee or buyer shall have the right to go on said land, make repairs, fall plow, or sow wheat in the fall of the previous year . 13th . This lease may be usilP)ed by Lessee only upon written approval of Lessor; provided that Lessee may assip this lease to Guannty Bank upon written notice to Lessor, and Guaranty Bank's written accepcance of all of the terms and condidons of this lease . When 1-1 hcreil, the ~ lhlll n:ble the pual, llld the IIIC of any Fida' sball be IR)licable to all &al(lin. This lease is executed on (date 1. ' ORDINANCE NO . SERIES OF 2007 BY AUTHORITY ABil.,L FOR COUNCil., Bll.,L NO. 56 INTRODUCED BY COUNCil., MEMBER _____ _ AN ORDINANCE AUTHORIZING THE PURCHASE AND LEASE BACK OF FARMLAND LOCATED 25 Mll.,ES EAST OF BYERS , COLORADO TO BE USED AS A LONG-TERM , BENEFICIAL USE, APPLICATION SITE FOR BIOSOLIDS PRODUCED BY LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT. WHEREAS , in 1995/96 the Englewood City Council approved the purchase of 6 ,400 acres of farmland approximately 25 miles east of Byers, Colorado to be used as a long-term, beneficial use, application site for biosolids produced by the Littleton/Englewood Wastewater Treatment Plant; and WHEREAS, in November of 2006, the Littleton/Englewood Wastewater Treatment Plant was contacted regarding the Plant's interest in purchasing 1,270 acres of dryland farm property adjacent to our currently owned property; and WHEREAS, this purchase will provide additional acreage for the beneficial use of the wastewater biosolids thus extending our application site life, based on regulatory limitations; and WHEREAS, the proposal was discussed with the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and approval was given to proceed with securing an option purchase agreement on the property subject to approval of Englewood and Littleton City Councils; and WHEREAS , funds for the purchase price of $550,000, although not a budgeted expenditure fo r 2007, are available in the respective Cities ' sewer funds , with the cost shared 50/50 by the C ities of Englewood and Littleton; therefore Englewood 's share will be $275,000 of the total purchase price ; and WHEREAS , the property will be leased back to the current owner for a period of 5 years; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIT., OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby approves the purchase and lease back of 1,270 acres of property for $550,000 ; the cost of which is to be shared with the City of Littleton wi th the City of Englewood 's share being $275,000 . -1- Section 2 . The Mayor and City Clerk are authorized to sign and attest all agreements in connection with the purchase and lease for and on behalf of the City of Englewood. Introduced, read in full , and passed on first reading on the 1st day of October, 2007 . Published as a Bill for an Ordinance on the 5th day of October, 2007 . James K. Woodward, Mayor Pro Tern 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 1st day of October, 2007 . Loucrishia A. Ellis -2- > ( COUNCIL COMMUNICATION Date: Subject: October 1, 2007 Agenda Item: 11 a ii Bill for an Ordinance Establishing the 2007 Mill Levy Collected in 2008 Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2007 Goals/2008 Budget discussion on May 19, 2007. Since that time City Council and staff met numerous times at study sessions to address budgetary issues . A preliminary budget summary and update was done on September 10, 2007. A public hearing regarding the proposed 2008 Budget was held on September 17, 2007. The operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget retreat held on September 22, 2007. RECOMMENDED ACTION Staff recommends Council approve this Bill for an Ordinance establishing the 2007 mill levy to be collected in 2008. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood assesses property tax for the general operations of the government and for the Community Center Debt Service Fund. TABOR restricts the City from raising the mill levy without a vote of the citizens. This year's General Fund mill levy is unchanged from 2007 (5 .880 mills). The 2007 levy is certified to Arapahoe County by December 15, 2007 for collection in 2008. FINANCIAL IMPACT Based on the assessed valuation for the City of Englewood as certified by the Arapahoe County Assessor, the estimated net assessed value of all properties in Englewood for 2007 is $511,201 ,710 compared to $440,702,500 for 2006. The 2007 mill for General Fund operations is 5.880 mills and 2.293 mills for the Community Center Debt Service Fund. The total mill levy is 8.173 for 2006 collected in 2007. The total amount budgeted for the General Fund is $2,820,000 (net of uncollectibles, abatements, etc.). The amount budgeted for the General Obligation Bonds Debt Service Fund is $1 ,100,000 (net of uncollectibles, abatements, etc.). A homeowner wi th a $200,000 dollar home in Englewood would pay the following to the City of Englewood: Market Value Assessment Ratio Assessed Value General Operations Mill Levy Taxes Paid For General Fund Operations Market Value Assessment Ratio Assessed Value Community Center Bond Fund Mill Levy Taxes Paid For General Obligation Bonds Market Value Assessment Ratio Assessed Value Total Mill Levy Total Taxes Paid To City Of Englewood LIST OF ATTACHMENTS Proposed Bill for an Ordinance $200,000 7.96% $15,920 5.880 $93.61 $200,000 7.96% $15,920 2.293 $36.50 $200,000 7.96% $15,920 8 .173 $130.11 ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and ~ WHEREAS, the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the following levies are permitted under Article X , Section 20 of the Colorado Constitution without a vote by the citizens ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That there be and hereby is levied for the year of 2007, due and payable as required by statute in the year 2008 , a tax of 5 .880 mills on the dollar for the General Fund of the City of Englewood, Colorado, and 2 .293 mills on the dollar for the Community Center Debt Service Fund of the City of Englewood, Colorado . That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law . Introduc ed, read in full , and passed on first read in g on the 151 day of October , 2007 . Published as a Bill for an Ordinance on the 5th day of October, 2007 . James K. Woodward, Mayor Pro Tern 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 l 11 day of October, 2007. Loucrishia A. Ellis ' l COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 1, 2007 11 a iii Bill for an Ordinance Adopting the Budget for Fiscal Year2008 Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2007 Goals/2008 Budget discussion on May 19, 2007. Since that time City Council and staff met numerous times at Study Sessions to address budgetary issues . A preliminary budget summary and update was done on September 10, 2007. A Public Hearing regarding the proposed 2008 Budget was held on September 1 7, 2007. The operating budgets and Multiple Year Capital Plan for all City departments and funds w ere reviewed at a budget retreat held on September 22, 2007. RECOMMENDED ACTION Staff recommends Council approv e the proposed Bill for an Ordinance adopting the 2008 budget. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Charter of the City of Engle w ood requ ires the City Council to adopt the next y ear 's Budget and Appropriation Ordinanc es no later than thirty days prior to the fi rst da y of the ne xt fis c al y ear. FINANCIAL IMPACT The General Fund is budgeting total sources offunds of $39,051 ,239 and total uses offunds of $39,493,551 leaving an unreserved/undesignated fund balance of $3,708,071 or 10 percent of total revenues . The total General Fund appropriation is $39,493 ,551 for 2008. LI ST OF ATTACHMENTS Proposed Bill for an Ordinance - BY AUTHORITY ORDINANCE NO. SERIES OF 2007 COUNCIL BILL NO. 58 ' INTRODUCED BY COUNCIL MEMBER ~~~~~- ABILLFOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2008. WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood, Colorado, a budget for the fiscal year 2008 was duly submitted by the City Manager to the City Council before September 15 , 2007 ; and WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 17 , 2007. Regular notice of the time and place of said hearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS , the City Council of the City of Englewood has studied and discussed the budget on numerous occasions; and WHEREAS , it is the intent of the City Council to adopt the 2008 budget as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section l . That the budget of the City of Englewood, Colorado , for the fiscal year 2008 , as submitted by the City Manager and dul y considered by the City Council after public hearing, be and hereby is adopted as the budget for the City of Englewood for the fiscal y ear 2008 . Sectio n 2. GENERAL FUND Tota l F und Balance, January 1, 200 8 Sales/Use Tax Property and Specific Ownership Tax Franchise/Occupation/Cigarette Tax License/Permits Intergovernmental R evenue Charges for Services Cultural & Recreation Fines & Forfeitures Interest Miscellaneou 2008 BUDGET $ 5,343 ,1 83 R evenues 22 ,000,000 3,215 ,993 2,833 ,948 575,425 1,094,573 2,938 ,128 2,266,998 1,519 ,500 355 ,500 277.385 Total Revenues Other Financing Sources Total Sources of Funds Legislation City Attorney's Office Municipal Court City Manager's Office Human Resources Finance and Administrative Services Information Technology Public Works Safety Services Community Development Library Services Parks and Recreation Services__ / Contingencies Debt Service Total Uses of Funds Total Fund Balance, December 31 , 2008 Section 3 . SPECIAL REVENUE FUNDS Conservation Trust Fund Fund Balance, January 1, 2008 Revenues Expenditures Fund Balance, December 31 , 2008 Commercial Revolving Loan Fund Fund Balance, January 1, 2008 Rev enues Expenditures Fund Balance, December 31, 2008 Community Development Fund Fund Balance, January 1, 2008 Revenu es Expenditures Fund Balance, December 31, 2008 $ 37 ,077 ,450 1,973,789 $ 39 ,051 ,239 Expenditures 351 ,513 762 ,280 982 ,006 679 ,806 570,474 1,724,429 1,289 ,131 5,241 ,300 17 ,396,224 1,576,862 1,294,640 5 ,713 ,430 100,000 1,811,456 $ 39 ,493 ,551 $ 4 ,900 ,871 $ 365 ,065 $ 325 ,000 $ 401 ,500 $ 2 88 ,565 $ 88 ,154 $ -0- $ 88,154 $ -0- $ -0- $ 290,000 $ 290,000 $ -0- Donors Fund Fund Balance, January I , 2008 $ 251 ,558 Revenues $ 89 ,100 Expenditures $ 97,845 Fund Balance, December 31 , 2008 $ 242,813 Malley Center Trust Fund Fund Balance, January 1, 2008 $ 239 ,246 Revenues $ 23 ,100 Expenditures $ 50 ,070 Fund Balance, December 31 , 2008 $ 212 ,276 Parks and Recreation Trust Fund Fund Balance, January 1, 2008 $ 415 ,981 Revenues $ 13 ,500 Expenditures $ 29 ,738 Fund Balance, December 31 , 2008 $ 399,743 Open Space Fund Fund Balance, January l , 2008 $ 207 ,276 Revenues $ 675 ,000 Expenditures $ 878 ,955 Fund Balance, December 31 , 2008 $ 3,321 Section 4. DEBT SERVICE FUNDS General Obligation Bond Fund Fund Balance, January I , 2008 $ 55 ,905 Revenues $ 1,110 ,000 Expenditures $ 1,112 ,635 Fund Balance, December 31 , 2008 $ 53 ,270 Section 5 . CAP IT AL PROJECT FUNDS Public Improvement Fund Fund Balance, January 1, 2008 $ 3,884,689 Revenu es $ 4,143,957 Exp end itures and Tran sfer s $ 4,271.824 Fund Balance, December 31, 2008 $ 3,756,822 Capital Projects Fund Fund Balance, January I , 2008 $ 465 ,517 Revenues and Transfers In $ 531 ,535 Expenditures $ 847 ,052 Fund Balance, December 31 , 2008 $ 150 ,000 Section 6 ENTERPRISE FUNDS Water Fund Fund Balance, January 1, 2008 $ 3,842,827 Revenues $ 7,979,014 Expenditures $ 8,617 ,038 Fund Balance, December 31 , 2008 $ 3,204 ,803 Sewer Fund Fund Balance, January 1, 2008 $ 11 ,750 ,760 Revenues $ 12,937,272 Expenditures $ 16 ,406 ,179 Fund Balance, December 31 , 2008 $ 8,281 ,853 Storm Drainage Fund > Fund Balance, January 1, 2008 $ 681 ,558 Revenues $ 348 ,2 65 Expenditures $ 370,527 Fund Balance, December 31 , 2008 $ 659 ,296 Golf Course Fund Fund Balance, January 1, 2008 $ 2 87 ,375 Revenues $ 1,976,667 Ex pend itures $ 1,970,162 Fund Ba lance, Decemb er 3 1, 200 8 $ 293,8 80 Concrete Utility Fund Fund Balance, January 1, 2008 $ 405 ,960 Revenues $ 621 ,200 Expenditures $ 692,836 Fund Balance, December 31 , 2008 $ 334,324 Housing Rehabilitation Fund Fund Balance, January l, 2008 $ 1,594,271 Revenues $ 1,324,500 Expenditures $ 1,744,500 Fund Balance, December 31, 2008 $ 1,174,2 71 ( Section 7. INTERNAL SERVICE FUNDS Servicenter Fund Fund Balance, January 1, 2008 s 348 ,098 Revenues s 1,876,787 Expenditures s 2,081 ,861 Fund Balance, December 31 , 2008 s 143 ,024 CaQital EguiQment R~lacement Fund Fund Balance, January 1, 2008 s 608,600 Revenues s 765 ,633 Expenditures s 1,104 ,870 Fund Balance, December 31 , 2008 s 269 ,423 Risk Management Fund Fund Balance, January 1, 2008 s 485 ,474 Revenues $ 1,329 ,164 Expenditures $ 1,266,802 Fund Balance, December 31 , 2008 $ 547 ,836 EmQloyee Benefits Fund Fund Balance, January 1, 2008 $ 487 ,909 Revenues $ 5,021 ,477 Expenditures $ 5 ,019 ,072 Fund Balance, December 31 . 200 $ 490 ,314 Central Servic~s El.md Fund Balance, January I. 2007 $ 233 ,95 8 Revenues $ 342,000 Expenditure $ 441 ,711 Fund Balance, Decem ber I . 200 $ 124,247 Section 8. That the aid budget hall be public record in the office of the City Clerk and shall be open to public inspecti n . Sufficient c pies thereof shall be made available for the use of the City Council and the pub lic. the number f c pie to be determined by the City Manager. Introduced, read in fu ll . nd p cd n fi r treading on the 1st day of October, 2007. Published as a Bill for an Ordinance on the 5th day of October, 2007. James K. WoodwarJ, Mayor Pro Tern 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 1st day of October, 2007 . Loucrishia A. Ellis COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 1, 2007 11 a iv Bill for an Ordinance Appropriating Funds for Fiscal Year 2008 Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2007 Goals/2008 Budget discussion on May 19, 2007. Since that time City Council and staff met numerous times at Study Sessions to address budgetary issues. A preliminary budget summary and update was done on September 10, 2007. A Public Hearing regarding the proposed 2008 Budget was held on September 17, 2007. The operating budgets and Multiple Year Capital Plan for all City departments and funds w ere re viewed at a budget retreat held on September 22 , 2007. RECOMMENDED ACTION Staff recommends Council approve the proposed Bill for an Ordinance appropriating funds for fiscal year 2008. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Charter of the City of Englewood requires the City Council to adopt the next year 's Budget and Appropriation Ordinances no later than thirty days prior to the first da y of the next fiscal year. FINANCIAL IMPACT The General Fund is budgeting total sources of funds of $39,051 ,239 and total uses of funds of $39 ,493,551 leaving an unreserved/undesignated fund balance of $3 ,708,071 or 10 percent of total revenues . The total General Fund appropriation is $39,493,551 for 2008. LIST OF ATTACHMENTS Proposed Bill for Ordinance ORDINANCE NO . SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER ------ ABILLFOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 , AND ENDING DECEMBER 31 , 2008 , CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2008. WHEREAS, City Council and staff held a 2008 budget and goal setting meeting on May 19 , 2007 ;and WHEREAS ,;a public hearing on the Proposed 2008 Budget was held September 17 , 2007; and WHEREAS , the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget retreat held on September 22 , 2007 ; and WHEREAS , the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the fir st day o f the next fiscal ye ar. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That there be and there hereby is appropriated from the r-. nue derived from taxation in the City of Englewood, Colorado , from collection of license fees and from all other sources of revenue including available fund balances during the year beginning January 1, 2008 , and ending December 31 , 2008 , the amounts hereinafter set forth for the object and purpose speci fied and set oppos ite thereto, specifically as follow s: Legislation City Attorney's Office Municipal Court City Manager's Office Human Resources Finance and Administrative Services Information Technology Public Works Safety Services Community Development Library Services Parks and Recreation Services Contingencies G ENERAL F UND $ 351,513 762,280 982,006 679 ,806 570,474 1,724,429 1,289, l 3 1 5,24 1,300 17,396.224 1,576,862 1,294,640 5,713,430 100 ,000 Debt Service -Civic Center Debt Service -Other Total General Fund $ GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund $ Total Conservation Trust Fund CONSERVATION TRUST FUND $ COMMERCIAL REVOLVING LOAN FUND Total Commercial Revolving Loan Fund $ COMMUNITY DEVELOPMENT FUND Total Community Development Fund $ DONORSFUND Total Donors Fund $ MALLEY CENTER TRUST FUND Total Malley C enter Trust Fund $ PARKS AND RECREATION T RU ST FUND Total Parks and Recreation Trust Fund $ Total Open Space Fund Total Public Improvement Fund OPEN SPACE FUND $ PUBLIC IMPROVEMENT FUND $ 1,578 ,000 233,456 39 ,493,551 1,112 ,635 401 ,500 88 ,154 290,000 97 ,845 50 ,070 29,738 878,955 4,271,824 ) CAPITAL PROJECTS FUND Total Capital Projects Fund $ 847,052 WATERFUND Total Water Fund $ 8,617 ,038 SEWER FUND Total Sewer Fund $ 16,406,179 STORM DRAINAGE FUND Total Storm Drainage Fund $ 370,527 GOLF COURSE FUND Total Golf Course Fund $ 1,970,162 ~ CONCRETE UTILITY FUND Total Concrete Utility Fund $ 692 ,836 HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund $ 1,744 ,500 SERVICENTER FUND Total ServiCenter Fund $ 2 ,081 ,861 CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund $ 1,104,870 CENTRAL SERVICES FUND Total Central Services Fund $ 441,711 RISK MANAGEMENT FUND Total Risk Management Fund $ 1,266,802 Total Employee Benefits Fund EMPLOYEE BENEFITS FUND $ 5,019 ,072 Section 2 . The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any group s, even though such line items may be set forth as the adopted budget for the fiscal year 2008. Section 3 . All monies in the hands of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2008 , may be applied on the outstanding claims now due or to become due in the said fiscal year of 2008 . Section 4 . All unappropriated monies that may come into the hands of the Director of Finance and Administrative Services during the year 2008 , may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law. Section 5. During or at the close of the fiscal year of 2007, any surplus money in any of the respective funds , after all claims for 2007 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full , and passed on first reading on the l s i day of October, 2007 . Published as a Bill for an Ordinance on the 5th day of October 2007 . James K . Woodward, Mayor Pro Tern ATTEST: Loucrishia A. Ellis, City C lerk 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 l s i day of October, 2007 . Loucrishia A. Ellis COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 1, 2007 11 a V Bill for an Ordinance Adopting the Budget for the Littleton/Englewood Wastewater Treatment Plant for Fiscal Year 2008 Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2007 Goals/2008 Budget discussion on May 19, 2007. Since that time City Council and staff met numero~ times at Study Sessions to address budgetary issues. A preliminary budget summary and update was done on September 10, 2007. A Public Hearing regarding the proposed 2008 Budget was held on September 1 7, 2007. The operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget retreat held on September 22 , 2007. RECOMMENDED ACTION Staff recommends Council approve the proposed Bill for an Ordinance appropriating funds for fiscal year 2008. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City Council of the City of Englewood acts as administering authority for the Littleton/Englewood Waste water Treatment Plant, a part of the duties include adopting bills for ordinances for the 2008 Budget and Appropria tion Ordinance no later than thirty da ys prior to the first day of the next fiscal year. FINANCIAL IMPACT The 2008 Littleton /Englewood Wastewater Treatment Plant Budget indicates a beginning funds available balance of $115 ,674, total sources offunds of $28,947, 141 and total uses offunds of at $28,947,141 lea vi ng the ending funds available balance at $115,674. The total appropriation (use of funds) for 2008 is $28 ,947,141 . LIST OF ATTACHMENTS Proposed Bill for Ordinance BY AUTHORITY ORDINANCE NO. SERIES OF 2007 COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER~~~~~ A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR2008 . WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for the fiscal year 2008 was duly approved by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee on August 15, 2007 and submitted to the City Council; and WHEREAS, a public hearing on said budget was heTd by the City Council within three weeks after its submission at the meeting of City Council on September 1 7, 2007, regular notice of the time and place of said hearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS , the City Council of the City of Englewood, as the administering authority for the Littleton/Englewood Wastewater Treatment Plant, has studied the budget on numerous occasions; and WHEREAS , it is the intent of the City Council to adopt the 2008 budget for the Littleton/Englewood Wastewater Treatment Plant as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. That the budget of the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2008, as submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and duly considered by the City Council after public hearing , is hereby adopted as the budget for the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2008 , as follows: Littleton/Englewood Wastewater Treatment Plant Fund Balance -January 1, 2008 Revenues Expenditures Fund Balance -December 31 , 2008 $ 115 ,674 28,947,141 28 ,947,141 115 ,674 Section 2 . That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full , and passed on first reading on the 151 day of October, 2007. Published as a Bill for an Ordinance on the 5th day of October, 2007. James K. Woodward, Mayor Pro Tern 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 151 day of October, 2007. Loucrishia A. Ellis --------·---~- COUNCIL COMMUNICATION Date: Subject: October 1, 2007 Agenda Item: 11 a vi Bill for an Ordinance Appropriating Funds for the Littleton/Englewood Wastewater Treatment Plant for Fiscal Year 2008 Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2007 Goals/2008 Budget discussion on May 19, 2007. Since that time City Council and staff met numerous times at Study Sessions to address budgetary issues . A preliminary budget summary and update was done on September 10, 2007. A Public Hearing rega rding the proposed 2008 Budget w as held on September 17, 2007. The operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget retreat held on September 22 , 2007. RECOMMENDED ACTION Staff recommends Council approv e the proposed Bill for an Ordinance appropriating funds for Fis c al Year 200 7. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Ci ty Coun ci l of the City of Engle w ood acts as administering authority for the Littl et on/Engl ew ood Was t ewater Treatment Plant, a part of the duties include adopting b ills for ord in ances for th e 200 8 Bud ge t and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The 2008 Littleton /Englewood Wastewater Treatment Plant Budget indicates a beginning funds available balance of $115 ,674, total sources of funds of $28,947,141 and total uses of funds of at $28,947,141 leaving the ending funds available ba lance at $115 ,674. The total appropriation (use offunds) for 2008 is $28,947, l 4 l . LI ST OF ATTAC HM ENTS Proposed Bill for Ordinance { ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCILBILLNO. 61 INTRODUCED BY COUNCIL MEMBER ------ ABILLFOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2008, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2008. WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Wastewater Treatment Plant facility; and WHEREAS, the operations, including budget matters, of this joint facility are overseen by the Supervisory Committee; and WHEREAS, the City of Englewood operates the Littleton/Englewood Wastewater Treatment Plant under the control of the Supervisory Committee; and WHEREAS, the Littleton/Englewood Wastewater Treatment Plant has its own fund for operations and maintenance; and WHEREAS, the Supervisory Committee approved the following as the 2008 budget at the August 15, 2007 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That pursuant to the Littleton/Englewood Wastewater Treatment Plant agreement, there be and hereby is appropriated from the revenue derived from operation of the Littleton/Englewood Wastewater Treatment Plant in the City of Englewood, Colorado, and from all other sources of revenue in the Littleton/Englewood Wastewater Treatment Plant Fund including available fund balance during the year beginning January 1, 2008, and ending December 31, 2008 , the amounts hereinafter set forth for the object and purpose specified as follows: Total Littleton/Englewood Wastewater Treatment Plant Fund $ 28 ,947,141 Introduced, read in full, and passed on first reading on the 111 day of October, 2007. Published as a Bill for an Ordinance on the 5th day of October, 2007 . James K . Woodward, Mayor Pro Tern - 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 111 day of October, 2007. Loucrishia A. Ellis 0 ,· COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 1, 2007 11 C i Transfer of Funds from the Public Improvement and ServiCenter Funds to the General Fund Initiated By: Staff Source: Department of Finance and Frank Gryglewicz, Director Administrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed the costs of snow removal and road repair at the Study Session held April 2, 2007. City Council passed Resolution 43, Series of 2007 on April 16, 2007; this resolution transferred $550,000 to the Public Improvement Fund. City Council discussed the $60,000 transfer from the ServiCenter Fund to the General Fund during the 2008 Budget discussions held at various times this year. RECOMMENDED ACTION Staff recommends Council approve the attached Resolution for a transfer of funds from the Public Improvement and ServiCenter Funds to the General Fund . The City Council transferred $550,000 for Phase I road repairs at the April 16, 2007 meeting. Road repairs were urgently needed to protect the City's infrastructure investment. Due to revenue collections being higher than expected, the Public Improvement Fund is able to repay the General Fund . The transfer of funds from the ServiCenter Fund to the General Fund represents the additional fees c harged to "outside" agencies that have their vehicles serviced by the City of Englewood. PUBLIC IMPROVEMENT FUND SOURCE OF FUNDS: Fund Balan ce USE OF FUNDS: Transfer Out to the General Fund SERVICENTER FUND SOURCE OF FUNDS: Fund Av<1 ilable USE OF FUNDS: Tran fer ut to Gen ral Fund $55 5,000 $550,000 $60,000 $60,000 GENERAL FUND SOURCE OF FUNDS: Transfer In From Public Improvement Fund Transfer in from ServiCenter Fund Total USE OF FUNDS: Unreserved/Undesignated Fund Balance FINANCIAL IMPACT $550,000 $60,000 $610,000 $610,000 This action will reduce the reserves in the Public Improvement Fund by $550,000 and funds available in the ServiCenter Fund by $60,000. The General Fund's reserves will increase $610,000. LIST OF ATTACHMENTS Proposed Resolution .. - ... ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPROVING THE TRANSFER OF FUNDS IN THE 2007 BUDGET. WHEREAS, the City of Englewood is required by C ity Charter to ensure that expenditures are not made without proper appropriation by City Council ; and WHEREAS, the City Council approved the 2007 Budget and Appropriation Ordinances on November 6 , 2006; and WHEREAS, the Englewood City Council passed Resolution No . 43 , Series of2007 which transferred $550,000 to the Public Improvement Fund for Phase I road repairs; and WHEREAS, road repairs were urgently needed to protect the City 's infrastructure investment; and WHEREAS, revenue collections were higher than expected and the Public Improvement Fund is able to repay the General Fund; and WHEREAS, the transfer of funds from the Servi Center Fund to the General Fund represents the additional fees charged to "outside" agencies that have their vehicles servic ed by the City of Englewood ; 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 approves the following transfers and appropriations: PUBLIC IMPROVEMENT FUND: Source of Funds : Fund Balance $550,000 Use of Fund s: Transfer Out to the General Fund $550,000 SE RVICECEN TER FUND : Source of Funds : Funds Available $ 60,000 Use of Fund s: Transfer O ut to the General Fund $ 60,000 11 Ci GENERAL FUND: Source of Funds: Transfer in from Public Improvement Fund Transfer in from ServiCenter Fund Total Use of Funds: Unreserved/Undesignated Fund Balance $550,000 $ 60,000 $610,000 $610,000 Section 2. The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the budget. ADOPTED AND APPROVED this 1st day of October, 2007 . ATTEST: James K . Woodward, Mayor Pro Tern 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 . .,, . ' COUNCIL COMMUNICATION Date Agenda Item Subject October 15, 2007 A Resolution Creating a Long Term Asset Reserve (LTAR) in the General Fund and Transferring the Remaining Proceeds from the Golf Course Lease to the Reserve Initiated By Staff Source City of Englewood, Finance and Administrative Frank Gryglewicz , Director Services Department COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council discussed this issue at the budget retreat held September 22, 2007 . Council gave staff direction to proceed with this resolution. RECOMMENDED ACTION Staff recommends the City Council approve the attached resolution . BACKGROUND , ANALYSIS , AND ALTERNATIVES IDENTIFIED City Council discussed and determ ined that certain funds from the sale , lease, or earnings from long- term assets should be used in a careful, judicious and strateg ic manner; for this reason , these funds will be reserved in an account known as the Long Term Asset Reserve (LTAR). The funds restricted in this account can only be expended if the funds are appropriated in the annual budget or by supplemental appropriation . . Deleted: In iti ally , ' the rema ining funds from the Golf Course lea se will be tran sferred and restricted to th e LTAR , .!Jeon formation of this reserve, the rema ining funds from the Golf Course lease will be transferred and ___ / restricted to the L TAR. In addition . any funds generated from th e Mclellan Reservo ir property and \:·--. Deleted: bu t ii is transferr ed from the Englewood Mclellan Reservoir Foundat ion to the City must be restricted to th is \ · .. account as well before any subsequent appropriation by City Counc il. · It is env isioned t ha t proceeds rece ived from other. sim ilar long -term assets in the fu t ure will be subject to the same restr ict ion to the LA TR. The following illustrates the transfer and restriction of funds : PUBLIC IM PROVEMENT FU ND SOURCE OF FU NDS: Fund Balance $ anticipa ted tha t Delatecl : fun ds generated from the Mclellan Reservoir property less operating and capital funds appropriated by City Council will be restricted to this \ 1CCOUnl aa well .I lnNrtecl: less operating and capital funds appropriated by City Council USE OF FUNDS : Transfer Out to General Fund $ GENERAL FUND SOURCE OF FUNDS: Transfer In From the Public Improvement Fund $ USE OF FUNDS: Long Term Asset Restricted $ FINANCIAL IMPACT This action will move the remaining funds in the Public Improvement Fund to the General Fund L TAR ; the net effect of the action will be zero. LIST OF ATTACHMENTS Proposed resolution