agenda - City of Woodland Park

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CITY COUNCIL AGENDA
August 18, 2016
2.
ROLL CALL
7:00
PM
Written comments are welcome and should be given to the City
Clerk prior to the start of the meeting. Written materials will not
be accepted during regular agenda items in the interest of time.
1.
2.
3.
4.
Leclercq
Wilson
Leclercq
Riley
9.
Smith
CALL TO ORDER.
ROLL CALL.
PLEDGE OF ALLEGIANCE.
CEREMONIES, PRESENTATIONS AND APPOINTMENTS.
A. Appointments to the Personnel Board, Planning Commission and Board of
Review. (A)
B. Presentation of Keep Woodland Park Beautiful Beautification Awards to
Joanie's Deli, Dana's Dance Studio, and Curves of Woodland Park. (A)
5.
ADDITIONS, DELETIONS OR CORRECTIONS TO AGENDA:
(Public comment not necessary.)
6.
CONSENT CALENDAR:
(Public comment may be heard.)
A. Approve minutes of August 4, 2016 Regular Meeting. (A)
7.
UNFINISHED BUSINESS:
(Public comment may be heard.)
A. None
8.
ORDINANCES ON INITIAL POSTING:
A. Consider Ordinance No. 1287 on initial posting to quitclaim to IREA a 10foot wide easement for underground electric transmission lines and
appurtenances adjacent to Old Crystola Road (CR21) and along the
southerly boundary of Tracts A, B and C, Wal-mart Center subdivision and
set the public hearing for September 1, 2016. (QJ)
PUBLIC HEARINGS:
A. Approve Ordinance No. 1286 an Ordinance approving a second amendment to the
Cable Television Franchise Agreement between the City of Woodland Park,
Colorado and TDS BAJA Broadband LLC, to extend the term of the existing franchise
until September 7, 2017. (A)
10.
NEW BUSINESS:
(Public comment may be heard.)
A. None
11.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA.
12.
REPORTS:
(Public comment not necessary.)
A. Mayor’s Report.
-1-
B. Council Reports.
C. City Attorney’s Report.
D. City Manager’s Report.
Leclercq
1. Election update – November election
13.
COMMENTS ON WRITTEN CORRESPONDENCE.
(Public comment not necessary.)
14.
ADJOURNMENT.
**
Per Resolution No. 90, Series 1982.
(A) Administrative
(QJ) Quasi-Judicial
(L) Legislative
COURIER VIEW – Please publish 08/17/2016
-2-
CITY COUNCIL
AGENDA ITEM 4A
August 12, 2016
STAFF REPORT
TO:
MAYOR LEVY AND CITY COUNCIL
FROM:
SUZANNE LECLERCQ, CITY CLERK
DATE:
August 18, 2016
RE:
APPOINTMENTS TO THE PERSONNEL BOARD, PLANNING
COMMISION AND BOARD OF REVIEW FOR VACANT POSITIONS
BACKGROUND:
Personnel Board: There are currently three openings to this Board available with the term of
office expiring on January 1, 2017. Pursuant to Council’s policy, a notice of this open position
was published on the City’s website and Facebook page in April, and posted on the City’s Cable
Channel 10. As of the date of this Staff Report only one application has been received by the
City Clerk. An application from Darwin Naccarato was received into the Clerk’s office on July
29, 2016. Please see attached memo from City Attorney Smith.
Planning Commission: There is currently one opening to this Commission available with the
term of office expiring on January 1, 2019. This opening is to fulfill the vacancy as a result of
Mari Propes resignation. Pursuant to Council’s policy, a notice of this open position was
published on the City’s website and Facebook page in April, and posted on the City’s Cable
Channel 10. As of the date of this Staff Report only one application has been received by the
City Clerk. An application from Ellen Carrick Naccarato was received into the Clerk’s office on
August 12, 2016.
Board of Review: There is currently one opening to this Board available with the term of office
expiring on January 1, 2019. Pursuant to Council’s policy, a notice of this open position was
published on the City’s website and Facebook page in April, and posted on the City’s Cable
Channel 10. As of the date of this Staff Report only one application has been received by the
City Clerk. An application from Jim Olsen was received into the Clerk’s office on August 8,
2016.
The applicants will be contacted and asked to be present at the Council meeting on Thursday
evening. Ellen Carrick will be out of the Country and not present at Thursday night’s Council
Meeting.
1
NORTON & SMITH, P.C.
Charles E. Norton
Erin M. Smith
Attorneys at Law
1331 17th Street, Suite 500
Denver, Colorado 80202-1555
Telephone (303) 292-6400
Facsimile (303) 292-6401
Kristin N. Cisowski
MEMORANDUM
TO:
FROM:
DATE:
RE:
Mayor Levy and Council Members
Norton & Smith, P.C.
August 12, 2016
Personnel Board Appointments
Mayor Levy and Council Members,
BACKGROUND: The City Charter establishes a 3-person Personnel Board. The City Council
appoints the members of the Personnel Board. To serve on the Personnel Board, a person must
be a registered elector, reside in the City, and cannot be a member of the Board of Adjustment or
hold an appointive or elective municipal office. Appointments shall be for 2016.
WOODLAND PARK CITY COUNCIL
COUNCIL CHAMBERS - CITY HALL
MEETING MINUTES
August 4, 2016 – 7:00 P.M.
1.
CALL TO ORDER AND ROLL CALL: Mayor Levy called the meeting to
order at 7:00 P.M. with the following members of Council present: Mayor Pro-tem
Harvey, Val Carr, Ken Matthews, Paul Saunier, Noel Sawyer and John Schafer.
2.
PLEDGE OF ALLEGIANCE:
of Allegiance.
Mayor Levy led the audience in the Pledge
The following Staff Members were also in attendance for this meeting:
City Manager David Buttery
City Clerk Suzanne Leclercq
Chief of Police Miles DeYoung
Planning Director Sally Riley
3.
Utilities Director Kip Wiley
Deputy City Clerk Jessica Memmer
CEREMONIES, PRESENTATIONS AND APPOINTMENTS:
A. None
4.
ADDITIONS, DELETIONS OR CORRECTIONS TO AGENDA:
A. City Clerk Leclercq noted that the agenda for this evening had been
revised. Item 8A had moved to a Public Hearing and was now under agenda item 9A.
5.
CONSENT CALENDAR:
A. Approve minutes of the July 21, 2016 Regular Meeting. (A)
MOTION: To approve the Consent Calendar. Schafer/Sawyer. Motion
carried 6-0. Councilmember Carr abstained from the vote as he was not present for this
meeting that these minutes reflect.
6.
ORDINANCES ON INITIAL POSTING:
A.
Consider Ordinance No. 1286, Series 2016 Authorizing a Second
Extension of the Existing Cable Franchise Agreement between the City and TDS Baja
Broadband LLC and set the Public Hearing for August 18, 2016. (A)
City Clerk Leclercq read Ordinance No. 1286 into the record and noted that City
Attorney Smith would be present at the Public Hearing to answer any questions the
Council may have.
1
Mayor Pro-tem Harvey asked City Manager Buttery what is the difference between a
franchise and permission to work in the right-of-way. Buttery replied that permission to
work in the right-of-way was a part of the franchise.
MOTION: To consider Ordinance No. 1286, Series 2016 Authorizing a
Second Extension of the Existing Cable Franchise Agreement Between the City and
TDS Baja Broadband LLC and set the Public Hearing for August 18, 2016. Motion
carried 7-0.
At this time Mayor Levy read the QJ announcement regarding electronics into the
record.
7.
PUBLIC HEARINGS:
A. Consider approval of a two-year extension of the Top of Paradise
Filing No. 1 Preliminary Plat (a/k/a Paradise of Colorado) for 29 single family lots
remaining on 31 acres, generally located northeast of Thunder Ridge Drive and Majestic
Parkway as requested by North Peak Properties, LLC. (QJ)
Planning Director Riley reviewed the Staff Report with the Council giving them some
background on this Filing. Riley also noted that the Staff Findings included Title 17 of
the Subdivision Regulations does not provide specific criteria or guidance as to how an
extension request is to be evaluated. Therefore Riley noted that the staff applies a
practical approach to determine if the request is reasonable or not. The Staff always
evaluates whether any changes to the Municipal Code or subdivision regulations have
been made since 2005 which may cause the developer to rethink their Preliminary Plat
or Master Plan.
Riley noted that the surrounding property notices were mailed and that the proper public
notice signs were posted and as of this time staff had received only one inquiry from a
neighbor verifying that the plan for development has not changed.
Planning
commission held a hearing regarding this extension and voted unanimously to approve
this extension to August 4, 2018.
Riley invited Tony Perry from Park State Bank to the podium. Mayor Pro-tem Harvey
asked who the principals on this property were. Perry noted that the principal owner
was the majority owner of the bank and himself and his wife Kathryn.
At this time there being no further questions from the Council the Mayor Levy opened
up the Public Hearing for Public Comment. There being no comments Mayor Levy
closed the Public Hearing and called for a motion.
MOTION: Consider approval of a two-year extension of the Top of Paradise
Filing No. 1 Preliminary Plat (a/k/a Paradise of Colorado) for 29 single family lots
remaining on 31 acres, generally located northeast of Thunder Ridge Drive and Majestic
2
Parkway as requested by North Peak Properties, LLC.
carried 7-0.
Harvey/Matthews.
Motion
8. NEW BUSINESS.
A. None
9. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA.
Jerry Good, from the DDA Board approached the podium to read a statement to the
Council. Good stated that he had received an email from Tanner Coy, treasurer of the
DDA that an open records request had been submitted to the City for emails from a
former DDA/City Employee and that the City was unable to retrieve them. Good noted
that the City stated that a period of emails from October 2015 to June 10, 2016 had
been deleted. Good wanted to alert Council to this matter and have them look into it.
City Manager Buttery explained that the city changed its email provider from Peak
Internet to Microsoft Outlook October 2015. Buttery explained that emails that were
missing were from the point when the City switched to Microsoft Outlook. Buttery noted
that the emails had been deleted up to and including June 10 and that beginning June
11 all of the emails are there. Buttery also noted and wanted to make it clear to the
Council and audience that this is not a Peak Internet issue.
After Council discussion the Council authorized Buttery to move forward with taking the
deleted emails to a higher level with Microsoft and see how and if they could be
recovered.
Tanner Coy, Treasurer of the DDA approached the podium to give the Council an
update on their efforts to refinance the outstanding $1 million loan with the city. Coy
stated that he is looking at a bond issue to pay off the loan and also whether the bank
can refinance the loan. Coy noted that the DDA’s expenses have been less than
projected for the year but the revenues as also less than projected and that this might
pose a problem.
Coy stated that the finances of the DDA are complicated and that there is a significant
discrepancy between the county assessor’s valuation of property in the DDA district and
the amount of property taxes being collected from the treasurer’s office. Coy noted as
they continue their research to figure out why the numbers do not match that he will
keep the Council informed.
Mayor Pro-tem Harvey asked if the reissue of the bond is not possible would the DDA
be able to do a payment plan and that she would like to see that laid out and what that
would look like.
3
10. REPORTS:
A.
Mayor’s Report:
Mayor Levy introduced the Student Art hanging in the Council Chambers. It was
created by Say Doe Htoo a sixth grader at the Woodland Park Middle School. Mayor
Levy also thanked the Community for its support with the National Night Out and noted
that it was a great event and huge turnout of support from the Community. Mayor Levy
announced all of the upcoming events for the time period from August 5 – August 18,
2016.
B.
Council Reports:
Mayor Pro-tem Harvey distributed posters to the Council from the Historical
Preservation Committee. These posters have photos showing the City 125 years ago
and also current day. Harvey noted that David Langley was instrumental in the
preparation of these posters and that he did an outstanding job.
Councilmember Carr reported that he recently went on a parks tour and wanted to note
what a tremendous effort the upkeep of all the parks is for the City. Carr also noted that
he has been attending all of the EVC meetings as the default council liaison and that
there was really good planning going on with that group.
Councilmember Saunier noted that he appreciated hearing all of these issues out in the
open and that he appreciates the way they are presented and wanted to say thank you.
C.
City Attorney’s Report:
1. None
D.
City Manager’s and Department Manager’s Report:
City Manager Buttery gave an update on Memorial Park and the Aquatic Center.
11.
ADJOURNMENT: The meeting adjourned at 8:02 P.M.
Recorded by:
__________________________
Suzanne Leclercq, City Clerk
APPROVED THIS _____ DAY OF ___________________, 2016
__________________________
Neil Levy, Mayor
4
City Council
Agenda Item 8. A.
August 18, 2016
STAFF REPORT
PROJECT NAME: Intermountain Rural Electric Association (IREA) Easement for
Underground Electric Lines
REQUEST:
Consider first reading of Ordinance No. 1287 to quitclaim to IREA
a 10-foot wide easement for underground electric transmission
lines and appurtenances adjacent to Old Crystola Road (CR21) and
along the southerly boundary of Tracts A, B and C, Wal-mart
Center subdivision and set the public hearing for
September 1, 2016.
ZONING:
Planned Unit Development (PUD) Zone District
PROCESS:
August 18, 2016
September 1, 2016
REPORT BY:
Sally Riley, AICP, Planning Director
Council 1st Reading
Council 2nd Reading and Public Hearing
IREA is planning to install a
three-phase, underground electric
service to Wal-mart. IREA has
requested to bore this service
adjactent to Old Crystola Road
(CR21) and needs a 10-foot
easement. Tract A is a 9.5-acre
A
open space tract that was deeded
to the City with the recording of
the Wal-mart Center final plat on
B
September 27, 2007. Tract B is a
C
5.6-acre Fountain Creek Drainage
tract that was conveyed to the City
Aerial: Tracts A, B & C Wal-mart Center
upon final acceptace of the
drainage improvments. Tract C is
a 0.752-acre public trail tract also conveyed to the City upon final acceptace of the public
improvments. The City Staff has reviewed the request and has no concerns quitclaiming
said easement. Ordinance 1287, Series 2016 is attached with Exhibits A and B for your
review.
Staff Recommendation: Approve Ordinance No. 1287 to quitclaim to IREA a 10-foot
wide easement for underground electric transmission lines and appurtenances adjacent to
Old Crystola Road (CR21) and along the southerly boundary of Tracts A, B and C,
Wal-mart Center subdivision and set the public hearing for September 1, 2016.
Page 1 of 1
CITY OF WOODLAND PARK
ORDINANCE NO. 1287, SERIES 2016
AN ORDINANCE TO AUTHORIZE QUITCLAIMING OF A NON-EXCLUSIVE
EASEMENT 10 FEET IN WIDTH ACROSS CITY PROPERTY LOCATED ADJACENT TO
OLD CRYSTOLA ROAD (CR 21) AND ALONG THE SOUTHERLY BOUNDARY OF
TRACT A, TRACT B AND TRACT C, WAL-MART CENTER, AS RECORDED UNDER
RECEPTION NO. 611099 OF THE RECORDS OF THE TELLER COUNTY CLERK AND
RECORDER, LOCATED IN THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST
ONE-QUARTER (SW1/4 SW1/4) OF SECTION 30 AND IN THE NORTHWEST ONEQUARTER OF THE NORTHWEST ONE-QUARTER (NW1/4 NW1/4 AND IN THE
NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER (NE1/4 NW1/4)
OF SECTION 31 ALL IN TOWNSHIP 12 SOUTH, RANGE 68 WEST OF THE 6 TH P.M.,
TELLER COUNTY, COLORADO.
WHEREAS, the City of Woodland Park (GRANTOR) is the owner of Tract A, Tract B
and Tract C, Wal-Mart Center subdivision recorded under Reception No. 611099 of the records
of the Teller County Clerk and Recorder, located in SW1/4 of the SW1/4 of Section 30 and in
the NW1/4 of the NW1/4 and in the NE1/4 of the NW1/4 of Section 31 all in Township 12
South, Range 68 West of the 6th P.M., Teller County, Colorado; and
WHEREAS, The Intermountain Rural Electric Association, (GRANTEE), is Colorado
Corporation for the purpose of providing electric service to properties within Woodland Park and
desires to loop a three-phase power line to Wal-mart; and
WHEREAS, the City of Woodland Park agrees to quitclaim a non-exclusive easement 10
feet in width adjacent to Old Crystola Road (CR21) along the southerly property boundary of
Tract A, Tract B and Tract C, Wal-mart Center subdivision.
NOW, THEREFORE THE CITY OF WOODLAND PARK, COLORADO,
ORDAINS as follows:
Section 1.
The City Council of Woodland Park hereby authorizes quitclaiming to
Intermountain Rural Electric Association a non-exclusive easement 10 feet in width adjacent to
Old Crystola Road (CR21) along the southerly property boundary of Tract A, Tract B and Tract
C, Wal-mart Center subdivision, as specifically described in Exhibit A: General Easement and
Exhibit B: Legal Description – Easement No. 2.
Section 2.
This Ordinance is to be governed by the laws of the State of Colorado.
Section 3.
Should any article, section, clause or provision of this Ordinance be declared by a
Court of competent jurisdiction to be invalid, the same shall not affect the validity of the balance
of the Ordinance.
Section 4.
The City of Woodland Park shall cause this Ordinance and its Exhibits to be
recorded in the Teller County real property records.
PASSED BY CITY COUNCIL ON SECOND AND FINAL READING, FOLLOWING
PUBLIC HEARING, THIS ___________ DAY OF ___________________________, 2016.
________________________________
Neil Levy, Mayor
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
City Attorney
be used in any manner which will interfere with or damage the facilities installed pursuant to this
grant, or interfere with the maintenance, repair, and replacement of said facilities.
IN WITNESS WHEREOF, the undersigned have set their hands and seals this _____day
of _________________, 2016
In the presence of
Printed Name of Owner
Signature
STATE OF COLORADO
County of
)
)ss.
)
Signature
The foregoing instrument was acknowledged before me this _____day of
___________________,_____, by _________________________________________________.
Witness my hand and official seal.
My Commission expires:
Notary Public
NORTON & SMITH, P.C.
Charles E. Norton
Erin M. Smith
Bruce E. Deacon
Of Counsel
Attorneys at Law
1331 17th Street, Suite 500
Denver, Colorado 80202-1555
Telephone (303) 292-6400
Facsimile (303) 292-6401
Kristin N. Cisowski
MEMORANDUM
TO:
FROM:
DATE:
RE:
Mayor Levy and Members of City Council
NORTON & SMITH, P.C.
August 10, 2016
Ordinance No. 1286, Series 2016 Authorizing a Second Extension of the
Existing Cable Franchise Agreement Between the City and TDS Baja
Broadband LLC
Ordinance No. 1286, Series 2016 extends the TDS Baja Broadband LLC Cable Franchise
Agreement through September 7, 2017. This Franchise Agreement is up for renewal on
September 1, 2016. This extension will allow more time for negotiating the terms of the future
Franchise Agreement1.
It’s recommended that Council approve Ordinance No. 1286 following a public hearing.
1
Regarding the difference between a franchise agreement and permission to work in the right-of-way: Permission
to work in the right-of-way is only one component of a franchise agreement. A franchise agreement is the
instrument by which a municipality grants special rights to third parties to use City street, alleys, rights-of-way and
other public places in ways not ordinarily belonging to citizens. Historically, no entity had a right to install its
facilities in a municipal-owned right-of-way absent a franchise agreement. The State legislature created an
exception to that rule effective in 1996, when it carved out an exemption for “telecommunication providers”. The
result of the 1996 law is that municipalities can still require cable companies and power companies to enter into
franchise agreements, but cannot require telecommunication providers to do so. However, a telecommunication
provider must still comply with right-of-way regulations that deal with permitting, inspections, bonding, restoration,
etc.
CITY OF WOODLAND PARK, CO
ORDINANCE NO. 1286, SERIES 2016
AN ORDINANCE APPROVING A SECOND AMENDMENT TO THE CABLE TELEVISION
FRANCHISE AGREEMENT BETWEEN THE CITY OF WOODLAND PARK, COLORADO
AND TDS BAJA BROADBAND LLC, TO EXTEND THE TERM OF THE EXISTING
FRANCHISE UNTIL SEPTEMBER 7, 2017
WHEREAS, the City of Woodland Park (“City”) adopted Ordinance No. 854, Series 2000,
dated August 17, 2000, granting a nonexclusive Franchise (“Franchise Agreement”) to US Cable
of Coastal-Texas, L.P. (“US Cable”), to construct, operate, and maintain a cable television system
in the City, setting forth conditions accompanying the grant of the franchise, providing for
regulation and use of the system, and prescribing penalties for the violations of its provisions; and
WHEREAS, the City adopted Resolution No. 582, Series 2002, dated July 18, 2002
granting consent for a transfer of control and internal restructuring of a minority partner of the
existing franchise agreement to AT&T Comcast, as requested by Franchisee in FCC Form 394
(“Transfer Application”); and
WHEREAS, on or about August 19, 2011, US Cable and Baja Broadband LLC (“Baja”)
notified the City of the pending transfer of the cable system and Franchise Agreement to Baja; and
WHEREAS, Baja and TDS Baja Broadband LLC (“TDS Baja”), an indirect wholly owned
subsidiary of Telephone and Data Systems, Inc. (“TDS”) provided the City with a letter dated
March 21, 2013 notifying the City of the pending transfer of the cable system and Franchise
Agreement to TDS Baja; and
WHEREAS, Section 2.4 (Franchise Term) provides that the Franchise shall be in effect for
a period of ten (10) years from the Effective Date of August 21, 2000 (date of acceptance by
Grantee), or until August 21, 2010, and shall be automatically extended for an additional five (5)
year period if Grantee provides economically feasible digital and data technology within the ten
(10) year period; and
WHEREAS, pursuant to Section 2.4 (Franchise Term) the Franchise Term was extended
an additional five (5) years, to August 20, 2015, because US Cable provided the City with digital
and data technology; and
WHEREAS, Section 13.2 (Franchise Renewal) provides for Franchise Renewal “in
accordance with applicable federal, state, and local laws and regulations;” and
WHEREAS, Section 13.3 (Amendment of Franchise Ordinance) provides that the Grantee
and City may agree to amend the Franchise Agreement “if City and Grantee agree that such
1
amendment will be in the public interest,” and requires that the “City shall act pursuant to local
law pertaining to the ordinance amendment process;” and
WHEREAS, by Ordinance No. 1247, Series 2015, the City amended the Cable Television
Franchise Agreement between the City and TDS Baja to extend to the term of the existing franchise
until September 1, 2016, to allow for renewal negotiations; and
WHEREAS, the City and TDS Baja have commenced the renewal process and renewal
negotiations, in accordance with Section 13.2 of the Franchise Agreement, including the Cable
Communications Policy Act of 1984 (“Cable Act”), as amended from time to time; and
WHEREAS, the City has a legitimate and necessary regulatory role in ensuring the
availability of cable service, the technical capability and reliability of a cable system in the
franchise area, quality customer service, and adequate public input concerning same; and
WHEREAS, City staff and TDS Baja representatives have discussed the renewal of the
Franchise and both parties agree that the public interest will be served by a second amendment to
the existing Franchise Agreement, extending the term of the agreement, to allow for the renewal
process and renewal negotiations to continue; and
WHEREAS, the Parties have agreed to extend the current terms of the existing Franchise
Agreement, set to expire on September 1, 2016 to September 7, 2017, as more fully set forth in the
“Second Amendment to Cable Television Franchise Agreement Between the City of Woodland
Park, Colorado and TDS Baja Broadband LLC Originally Entered Pursuant to Ordinance No. 854,
Series 2000” (“Second Amendment”), attached hereto as Exhibit A and incorporated herein by
reference; and
WHEREAS, the City Council finds and determines that extending the term of the existing
Franchise Agreement from September 1, 2016 to September 7, 2017 is in the best interest of the
City and its residents.
NOW, THEREFORE THE CITY OF WOODLAND PARK, COLORADO, ORDAINS as
follows:
Section 1. The Second Amendment to Franchise Agreement between the City and TDS Baja, set
forth in Exhibit A, is approved, and the Mayor is hereby authorized to enter into this Second
Amendment, on behalf of the City, to extend the term of the existing Franchise Agreement from
September 1, 2016 to September 7, 2017.
Section 2. Except as specifically modified hereby, the existing Franchise Agreement including,
without limitation, Section 8.1, providing for the Franchise Fee the Grantee is required to pay to
the City, shall remain in full force and effect.
Section 3. Neither party waives any right which it enjoys under law as a result of agreeing to this
Franchise Agreement extension and TDS Baja shall not be required to file any additional request
or document in order to commence renewal under Section 626 of the Cable Act, 47 U.S.C. § 546,
2
but the renewal process shall proceed in accordance with applicable federal, state, and local laws
and regulations including, but not limited to the Cable Act.
Section 4. Conflicting Ordinances. Any provisions, or parts of provisions in Ordinance No. 854,
Series 2000, or any other ordinance, in conflict with the provisions of this Ordinance are hereby
repealed to the extent of such inconsistency or conflict.
Section 5. Severability. Should any section, clause, or provision of this Ordinance be declared
invalid by a court of competent jurisdiction, the same shall not affect the validity of the balance of
this Ordinance.
Section 6. Authority. The City Council finds, determines, and declares that it has the power to
adopt this ordinance pursuant to the authority granted to home rule municipalities by Article XX
of the Colorado Constitution and the powers contained in the Woodland Park City Charter.
Section 7. Effective Date. This ordinance shall be in full force and effect seven (7) days after
publication following final passage, as required by law.
INTRODUCED, READ, AND APPROVED BY CITY COUNCIL ON FIRST READING THIS
_____ DAY OF __________, 2016.
PASSED BY CITY COUNCIL ON SECOND AND FINAL READING FOLLOWING PUBLIC
HEARING THIS______ DAY OF ____________, 2016.
CITY OF WOODLAND PARK
___________________________________
Neil Levy, Mayor
ATTEST:
__________________________
Suzanne Leclercq, City Clerk
APPROVED AS TO FORM:
__________________________
Norton & Smith P.C., City Attorney
Erin Smith
3
EXHIBIT A
SECOND AMENDMENT TO CABLE TELEVISION FRANCHISE AGREEMENT
BETWEEN THE CITY OF WOODLAND PARK, COLORADO
AND TDS BAJA BROADBAND LLC
ORIGINALLY ENTERED PURSUANT TO ORDINANCE NO. 854, SERIES 2000
This Second Amendment to the Cable Television Franchise Agreement is made and
entered into this _____ day of August, 2016, by and between the City of Woodland Park,
Colorado (“City”) and TDS Baja Broadband LLC (“TDS Baja”) (the “Parties”).
WHEREAS, the City adopted Ordinance No. 854, Series 2000, dated August 17, 2000,
granting a nonexclusive Franchise (“Franchise Agreement”) to US Cable of Coastal-Texas, L.P.
(“US Cable”), to construct, operate, and maintain a cable television system in the City, setting
forth conditions accompanying the grant of the franchise, providing for regulation and use of the
system, and prescribing penalties for the violations of its provisions; and
WHEREAS, the City adopted Resolution No. 582, Series 2002, dated July 18, 2002
granting consent for a transfer of control and internal restructuring of a minority partner of the
existing franchise agreement to AT&T Comcast, as requested by Franchisee in FCC Form 394
(“Transfer Application”); and
WHEREAS, on or about August 19, 2011, US Cable and Baja Broadband LLC (“Baja”)
notified the City of the pending transfer of the cable system and Franchise Agreement to Baja;
and
WHEREAS, Baja and TDS Baja, an indirect wholly owned subsidiary of Telephone and
Data Systems, Inc. (“TDS”) provided the City with a letter dated March 21, 2013 notifying the
City of the pending transfer of the cable system and Franchise Agreement to TDS Baja; and
WHEREAS, Section 2.4 (Franchise Term) provides that the Franchise shall be in effect
for a period of ten (10) years from the Effective Date of August 21, 2000 (date of acceptance by
Grantee), or until August 21, 2010, and shall be automatically extended for an additional five (5)
year period if Grantee provides economically feasible digital and data technology within the ten
(10) year period; and
WHEREAS, pursuant to Section 2.4 (Franchise Term) the Franchise Term was extended
an additional five (5) years, to August 20, 2015, because US Cable provided the City with digital
and data technology; and
WHEREAS, Section 13.2 (Franchise Renewal) provides for Franchise Renewal “in
accordance with applicable federal, state, and local laws and regulations;” and
WHEREAS, Section 13.3 (Amendment of Franchise Ordinance) provides that the
Grantee and City may agree to amend the Franchise Agreement “if City and Grantee agree that
4
such amendment will be in the public interest,” and requires that the “City shall act pursuant to
local law pertaining to the ordinance amendment process;” and
WHEREAS, by Ordinance No. 1247, Series 2015, the City amended the Cable Television
Franchise Agreement between the City and TDS Baja to extend to the term of the existing franchise
until September 1, 2016, to allow for renewal negotiations; and
WHEREAS, the City and TDS Baja have commenced the renewal process and renewal
negotiations, in accordance with Section 13.2 of the Franchise Agreement, including the Cable
Communications Policy Act of 1984 (“Cable Act”), as amended from time to time; and
WHEREAS, City staff and TDS Baja representatives have discussed the renewal of the
Franchise and both parties agree that the public interest will be served by a second amendment to
the existing Franchise Agreement, extending the term of the agreement; and
WHEREAS, the Parties have agreed to extend the current terms of the existing Franchise
Agreement, set to expire on September 1, 2016 to September 7, 2017.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties covenant and agree as follows:
1. That Section 2.4 (Franchise Term) is hereby deleted and replaced with the following:
2.4 Franchise Term. In accordance with Ordinance No. 1286, Series 2016, the term
of this Franchise, set to expire on September 1, 2016, pursuant to Ordinance No 1247,
2015, shall be extended to September 7, 2017, unless further extended, renewed, or
terminated sooner, as hereinafter provided.
2. Except as specifically modified hereby, and in accordance with Ordinance No. 1286,
Series 2016, the existing Franchise Agreement including, without limitation, Section
8.1, providing for the Franchise Fee the Grantee is required to pay to the City, shall
remain in full force and effect.
3. Neither party waives any right which it enjoys under law as a result of agreeing to this
First Amendment, and TDS Baja shall not be required to file any additional request or
document in order to commence renewal under Section 626 of the Cable Act, 47
U.S.C. § 546, but the renewal process shall proceed in accordance with applicable
federal, state, and local laws and regulations including, but not limited to, the Cable
Act.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment to Cable
Television Franchise Agreement on the date first written above. By the signature of its
representative below, each Party affirms that it has taken all necessary action to authorize said
representative to execute this Agreement.
5
CITY OF WOODLAND PARK, COLORADO
_______________________________________
Neil Levy, Mayor
ATTEST:
__________________________
Suzanne Leclercq, City Clerk
APPROVED AS TO FORM:
__________________________
Norton & Smith P.C., City Attorney
Erin Smith
STATE OF COLORADO
COUNTY OF TELLER
)
) S. S.
)
The foregoing instrument was acknowledged before me this _____ day of __________, 2016, by
____________________________________.
Witness my hand and official seal.
______________________________________
Notary Public
My commission expires __________________.
6
TDS BAJA BROADBAND LLC
______________________________________
Mark E. Barber, Vice President
TDS Telecom
525 Junction Road
Madison, WI 53717
STATE OF WISCONSIN
COUNTY OF DANE
)
) S. S.
)
This instrument was acknowledged before me on _____ day of __________, 2016, by
______________________________as ___________________________________of
____________________________________________________________________.
_________________________________
Signature of notarial officer
(Seal, if any)
__________________________________
Title (and Rank)
My commission expires: _____________.
7
CITY COUNCIL
AGENDA ITEM 12 D(1)
August 18, 2016
STAFF REPORT
TO:
MAYOR LEVY AND CITY COUNCIL
FROM:
SUZANNE LECLERCQ, CITY CLERK
DATE:
AUGUST 10, 2016
SUBJECT:
NOVEMBER 8, 2016 GENERAL ELECTION
BACKGROUND: On July 21, 2016 City Council approved Resolution No. 807 titled “A
RESOLUTION SUBMITTING A BALLOT QUESTION REGARDING THE CITY’S
AUTHORITY TO PROVIDE TELECOMMUNICATION SERVICES TO THE
REGISTERED ELECTORS OF THE CITY OF WOODLAND PARK AT THE
TELLER COUNTY COORDINATED NOVEMBER 8, 2016 REGULAR ELECTION.”
Approval of this Resolution authorized the City Clerk to contact Teller County letting
them know we would have a question on this year’s upcoming ballot. After this
correspondence the County contacted the City Clerk with an IGA for the election and
estimated election costs.
This memo is to inform the Council that there will be
unbudgeted costs associated with this election. The estimate of costs received from
Teller County are $7,900. Our budget has the ability to absorb these costs.
PARKS AND RECREATION
JULY 2016 MONTHLY REPORT
 Youth Soccer League registration deadline was July 8 with late registration until July 15. A
coaches meeting will be held on August 8 and the season is scheduled to begin the week of
August 15.
 Youth Flag Football registration deadline was July 22 with late registration until July 29. Flag
Football is scheduled to begin August 9.
 Youth Challenger Soccer Camp was held July 18-22 at Meadow Wood Sports Complex. This
camp is taught with professional British coaches.
 The Fourth of July Celebration was a success this year. The weather was beautiful and we sold
approximately $1,100 in merchandise.
 Keating conducted a parks tour with the Parks and Recreation Advisory Board on June 13 prior
to the regular scheduled board meeting.
 Instructor’s packets were due back on July 22 for the upcoming Recreation Activities Guide
covering the months of October – March.
 The Memorial Park Redevelopment project continues to move forward. More concrete shelter
pads have been poured, more sidewalks installed, pond liner was installed, basketball court
poured, flag pole installed, north restroom was framed and footers poured, and curb and gutter
were installed on Henrietta and Park Streets.
 The first concrete pour was made at the Woodland Aquatic Center on July 29; the footer for the
parking lot retaining wall.
Programs
Tae Kwon Do
Babysitter Boot Camp
Swim Instruction
Fitness Punch Card
Namaste Yoga
Body Sculpt
Family Dog Training
Canvas & Corks
Start Smart Soccer
Challenger Soccer Camp
Total
Youth Sports
Soccer
Kindergarten
1 - 2 Grade
3 - 4 Grade
5 -6 Grade
7 - 9 Grade
Flag Football
Total
# of Part.
11
8
25
5
30
34
3
8
20
31
175
# of Part.
# of Teams
39
47
54
41
25
30
236
6
7
5
4
2
4
28
City of Woodland Park
Planning and Building Department
July 2016 Report
Highlights
Planning Permit Activity
Recent Code Amendment to the
Zoning Regulations
118 N. West Street
202 N. West Street
Ordinance No. 1281 was unanimously approved by
City Council on May 19, 2016. This new legislation
amended Chapter 18.09 of the Woodland Park Municipal Code to allow for up to two dwelling units
within the same structure as a permitted use in the
Neighborhood Commercial, Community Commercial and Central Business District. The code amendment streamlined the process so that the property
owners can more easily change their occupancy
from commercial to residential through an administrative review with notification to their neighbors.
The new regulations may encourage “mixed use”
buildings and increase residential density in the
downtown core. Apartments and homes located in
the compact commercial zones provide opportunities for residents to walk to work, school, shops
and restaurants. The two properties show above
have taken advantage of this code change to establish residential occupancy for each of these cabins.
The new regulations were implemented seamlessly
and provide property owners greater opportunity
to seek the highest and best use of their property.
Permit Type
July
2015
July
2016
TOTAL
2015
YTD
2016
DEVELOPMENT
APPLICATIONS
3
5
32
21
SFR PERMITS
4
5
18
13
MFR PERMITS
0
0
0
1
MISC. ZONING
DEV. PERMITS
18
17
115
70
TEMPORARY
USE PERMITS
5
4
26
23
SIGNS and
BANNERS
21
9
88
38
HOME
OCCUPATIONS
1
1
8
2
TOTAL
52
41
284
168
$1,617,884
$1,426,075
$7,750,144
$36,795,170
VALUATION OF
PROJECTS
NOTE: Permit Activity is tabulated in the month that the permit is paid, not when it was
received or approved. Development Applications are tabulated in the month they are
received. * indicates administrative correction from previous month(s).
Development Applications
PUD16-001: Sturman PUD Zoning Amendment
SUB16-003: Top of Paradise Filing No. 1 Preliminary Plat Extension
SUB16-004: Trout Creek Subdivision Final Plat
VAR16-004: American Craftsman Homes Building Setback Variance
VAR16-005 (B): Jones Building Egress Variance
Code Enforcement Statistics
July
2016
YTD
2016
NEW
16
89
REMAIN OPEN
6
12
CLOSED
16
77
Type of Contact/Complaints
Woodland Park/Pikes Peak Regional Building Department Statistics
July 2016
Inspections
YTD 2016
Inspections
July 2016
Building Permits
Issued
YTD 2016
Building Permits
Issued
16
43
333
5
11
$2,407,480
$4,730,473
Res. Alterations
5
34
95
514
38
231
$205,812
$1,248,767
New Commercial
0
4
13
79
6
11
$494,182
$17,868,475
Comm. Alterations
1
10
59
258
4
48
$32,924
$1,383,325
All Other
0
3
4
50
3
6
$17,442
$70,942
Totals
12
67
214
1234
56
307
$3,157,840
$25,301,982
YTD 2016
Building Permit
Valuation
YTD 2016
Plan Reviews
6
July 2016
Building Permit
Valuation
July 2016
Plan Reviews
Single Family
Woodland Park
2016 July
Police Department
New Cases to Investigate
Trespassing
Crimes Against at Risk Adult
Sexual Assault
Weapon on School Ground
On-Going Cases
Sexual Assault on a Child
Bank Robbery (Peoples)
Tax Fraud
Sexual Assault on a Child,
Position of Trust
Burglary
2
1
2
1
2
1
1
Crime Statistics
New Cases
Misdemeanor Arrest
Felony Arrest
Adult Drug Arrest
Juvenile Drug Arrest
Juvenile Arrest
Traffic
Traffic Stops
Warnings
Traffic Citations
Verbal Warnings
Traffic Crashes
DWAI
DUI Alcohol
DUI Drugs
DUI Adult
DUI Juvenile
WPMS Cases
Crimes Against Person
Crimes Against Property
Mental Health Cases
Tobacco/Drugs
286
216
37
3
29
0
3
0
3
0
0
0
0
0
Community Activity
House Watches
Business Watches
Fingerprints
VIN Inspections
Community Action Reports
Gaming
Total Gaming Contacts
Verbal Warnings
Courtesy Warnings
Citations
Arrests
Gaming Crashes
Gaming Cases
College Cases
Victim's Advocate
Total New Cases
Gaming Related Cases
Direct Service Hours
Court Hours
85
612
40
89
141
30
1
28
1
0
1
2
1
25
6
3
0
1
1
Activities /Functions
Schools Out of Session
Assist Patrol
Felony Menacing
129
18
4
1
0
2
1
Teen Court
New Cases
Active Cases
Cases Completed
Cases Referred Back to
Municipal Court
Marijuana Cases
Gain Assessment
0
5
0
0
0
0
Interagency Meetings
911 Meeting/PSAP Manager
Auto Theft Task Force
Build A Generation
CIRSA Safety
CMTF
CO. Assc of DARE Officers
CO. State Teen Court Assc.
District Attorney Dan May
Ft. Carson LE Collaborative
Gang Net
Heads of Law
Lexipol
Military Policing Collaborative
PPCC LE Recruiting
Safety Committee Meeting
Special Investigation Fund
Teller County Investigators
Senate Bill 1451
Senate Bill 94
Senate Bill 215 (Marijuana)
Sex Offenders
Registration End of Month
Violent Sex Predators
Adults
Juveniles
New Registrants
Re-Registrants
De-Registrants
Staffing
The Police Department is
Hiring for One Police Officer.
Through Grant Funding the
Police Department is Hiring
a School Resource Officer
to Conduct the Trainings
Given to the RE-2 School
District.
3
WPHS Cases
Crimes Against Person
Crimes Against Property
Mental Health Cases
Tobacco/Drugs
0
0
0
0
Individual Training
Det. Jardon and McDanielOutlaw Motorcycle Gang
SRO Shannon Everhart/
Ryan Koski- DARE State
Activities and Functions
Schools Out of Session
Conference and National
Assc. Of School Resource
Officers
1
1
1
Trainings/Presentations
1
2
13
0
10
3
0
4
0
Grants to Date
LEAF
VALE
CATPA License Plate Reader
Alcohol Enforcement
Hi-Viz
LEAF
DUI Task Force Meeting
Police Activity
A Felony Arrest Warrant was
Issued for a Sexual Assault
from a Domestic Violence
Case.
Court/Subpoenas
New Subpoena's Rec'd
Officer's Court Scheduled
DOR
4
19
1
Comments
Total Incidents Reported
Total Incidents YTD
2,811
15,433
Total Arrest
Total Arrest YTD
22
203
MONTHLY REPORT
UTILITIES
TO:
David Buttery, City Manager
Mayor Levy and Council
Utilities Advisory Committee
FROM:
Kip Wiley, Utilities Director
Kelly Simpkins, Utilities Technician
DATE:
August 12, 2016
RE:
Current Highlights and Special Projects - July Data
WATER TAPS
July
2016
5
0
5
2016 SFR WATER TAPS SOLD
Inside
Outside
January 1 through
July 31, 2016
13
0
13
•
At the same time last year the City had committed 9 SFR water taps. Last year’s total was
17.
•
•
•
2016 Base SFR Water Tap Allotment: 60.
2016 SFR Water Taps Available from Borrow Bank: 20.
2016 Total SFR Water Taps Available: 80.
•
2016 SFR Water Taps Unused: 67
•
Commercial Water Taps in 2016: 1
•
Estimated In-City Vacant Platted Lots: 494
•
Water Tap Planning Number: 789
•
Multi-Family Water Taps:
Sold in 2016: 1
Outstanding Commitments: 0
Remaining Multi-Family Taps: 52
Total Water Taps
Sold in 2016
__15__
WATER TREATMENT
Water usage averaged 884,000 gpd in July, which is up 20 percent from last month and is up 22
percent from the same month last year.
For the month, raw water to treatment totaled 87.35 AF. Sources of raw water were as follows:
UtilJul161
July 2016
Local Junior Water Rts.
Loy Gulch
Westwood Lakes
North Well Field
Local Junior
Water Subtotal
Transbasin Homestake
Augmentation Water
Total Raw Water
Homestake Pumped
2016 YTD
Last Year
29.50 AF
0.00 AF
16.19 AF
34%
0%
18%
187.14 AF
1.19 AF
158.60 AF
41%
0%
35%
126.06 AF
17.16 AF
193.94 AF
29%
4%
44%
45.69 AF
52%
346.93 AF
76%
337.16 AF
77%
41.66 AF 48%
87.35 AF 100%
47.12 AF
111.60 AF 24%
458.53 AF 100%
137.95 AF
100.46 AF 23%
437.62 AF 100%
137.94 AF
In July the City did not meet its augmentation requirement, with a shortage of 0.25 AF. This small deficit
will be made up in August in accordance with our approved augmentation plan. The City normally
discharges excess augmentation water on a monthly basis.
WASTEWATER TREATMENT
The average daily influent flow to the treatment plant was 0.628 MGD in July, which is 70% of plant
capacity. The plant’s 12-month moving average organic loading is 2396 lb. BOD/day, which is 123% of
plant design capacity. The average of the effluent ammonia analyses for the month was below the
detectable limit compared to our discharge permit limit of 5.3 mg/l.
WASTEWATER PLANT EXPANSION
Organic loading on the wastewater treatment plant has been driving the need to complete Phase 2.
With the average measured loading increasing over the last 12 months the City submitted a
preliminary engineering report and an $8.5M loan application to the Colorado Department of Public
Health and Environment. The loan application was approved and a design engineer selected. We
are currently moving forward with design and closed on the funding in July, securing a 1.67% interest
rate.
FIELD SERVICES
July 2016
Service Orders
Utility Locates
Water Breaks
Sewer Main Breaks and Backups
126
154
3
0
2016 YTD
961
797
16
2
SUMMER PRECIPITATION
Summer Rainfall: Unofficial measurements (in inches)
2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005
May 2.27 5.32 1.59
2.63
2.12
1.94
0.84
2.56
0.83 2.5 est. 1.12
1.37
2.56
Jun
4.07 2.14
1.23
0.00
0.67
0.80
2.77
0.89
1.75
0.75
0.83
Jul 3.67 3.19 4.84
3.23
6.45
4.24
5.09
5.35
1.44
2.47
6.44
1.26
Aug
1.67 7.12
5.82
2.28
2.84
4.12
0.79
2.19
4.35
3.45
2.78
Sep
.28
2.19
5.71
1.82
1.22
0.13
2.35
1.72
1.10
2.49
0.94
Total 8.50 14.53 17.88 18.62 12.67 10.91 10.98 13.82 7.07 12.17 14.25 7.18
UtilJul162
2004 2003
0.00
1.57
3.14
2.35
4.05
1.28
4.24
3.76
1.09
1.77
12.52 10.73
2002
0.78
0.64
0.94
0.23
2.00
4.59
Avg.
1.83
1.64
3.60
3.26
1.77