City of Castle Pines, Colorado€¦ · City of Castle Pines, Colorado 2020 City of Castle Pines...

MayorTera Radloff

City ClerkTobi Basile

City Council

District 1Melissa CoudeyrasDeborah Mulvey

District 2Kevin Rants

Ben Price

District 3Tracy EngermanRoger Hudson

City of Castle Pines, Colorado

2020 City of Castle Pines of 3

CITY COUNCIL STUDY SESSION AND REGULAR MEETING AGENDA360 Village Square Lane, Suite B, Castle Pines, Colorado 80108

Tuesday, January 14, 2020

STUDY SESSION - 5:30 P.M.

Swearing-In Ceremony

REGULAR MEETING OF THE CITY COUNCIL - 6:30 P.M.

1.ROLL CALL

2.PLEDGE OF ALLEGIANCE

3.APPROVAL OF AGENDA

4.PUBLIC COMMENT

5.PRESENTATION OF MINUTES

5.a. Minutes from the 12-10-19 City Council Meeting 2019-12-10 City Council Minutes Draft.docx

6.CONSENT AGENDA

6.a. Ordinance 20-01, An Ordinance of the City Council of the City of Castle Pines,Colorado, Approving the Castle Pines Town Center Planned Development Plan, ThirdAmendment, Case No. PDM19-003, and Amending the Official Zoning Map on FirstReading Ordinance 20-01 Town Center PD 3rd Amendment.docx

6.b. Resolution 20-01, A Resolution of the City Council of the City of Castle Pines, ColoradoApproving the City Council Appointees to Various Committees and Boards for 2020 Resolution 20-01 Council Liaison Appointments.docx

6.c. Resolution 20-02, A Resolution of the City Council of the City of Castle Pines,Colorado, Approving an Intergovernmental Agreement Between the City and DouglasCounty Concerning Law Enforcement and Animal Control Services for 2020 Resolution 20-02 IGA with Douglas County for Law Enforcement and AnimalControl Services2020 IGA With Douglas County Sheriff for Law Enforcement and Animal ControlServices.pdf

6.d. Resolution 20-03, A Resolution of the City Council of the City of Castle Pines, ColoradoReappointing the Municipal Court Judge and Approving a Professional Services 1

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/505454/2019-12-10_City_Council_Minutes_Draft.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/505450/Ordinance_20-01_Town_Center_PD_3rd_Amendment.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/506270/Resolution_20-01_Council_Liaison_Appointments.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/506190/Reso_20-02_-_Approving_DCSO_Law_Enforcement_IGA_for_2020_final.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/505725/2020_IGA_With_Douglas_County_Sheriff_for_Law_Enforcement_and_Animal_Control_Services.pdf




Agreement

Resolution 20-03 Reappointing Municipal Court Judge and Approving PSA.docxLouis A. Gresh Municipal Judge Contract (002)v.2.docx

6.e. Consideration of Approval of the City Manager Teaching at the University of Coloradoat Denver for the Spring 2020 Semester Staff Memo Consideration of City Manager Teaching

7.CEREMONIAL PRESENTATION

7.a. Recognition of Council Member Fisher

8.GENERAL BUSINESS

8.a. Douglas County Community Foundation Presentation

8.b. PUBLIC HEARING: Ordinance 19-19, An Ordinance of the City Council of the City ofCastle Pines, Colorado, Repealing and Replacing Article 5 of Chapter 11 of theMunicipal Code Regarding Alcoholic Beverages in City Owned Parks on SecondReading Ordinance 19-19 Alcoholic Beverages in City Owned Parks.docx

8.c. PUBLIC HEARING: Ordinance 19-20, An Ordinance of the City Council of the City ofCastle Pines, Colorado Amending Articles 1 and 2 of Chapter 4 of the Municipal CodeRegarding Financial Matters on Second Reading Ordinance_19-20_Budget_and_Appropriation_procedure_ordinance_ (1).docx

9.COMMENTS/REPORTS

9.a. City Manager's Report

9.b. Council Member Reports

9.c. Mayor's Report

10.ADJOURNMENT

City Council Meetings are held on the second and fourth Tuesday of each month at the Douglas County Library, 360 VillageSquare Lane, Castle Pines, CO 80108. Please call City Offices, (303) 705-0210 a minimum 48 hours prior to the Councilmeeting if you believe you will need special assistance or any reasonable accommodation to be in attendance or participate inany such meeting. 2

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/505473/Resolution_20-03_Reappointing_Municipal_Court_Judge_and_Approving_PSA.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/506473/Louis_A._Gresh_Municipal_Judge_Contract__002_v.2.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/505559/City_Manager_Teaching_Spring_2020_Council_Memo_on_Letterhead__003_.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/505891/Ordinance_19-19_Alcoholic_Beverages_in_City_Owned_Parks.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/505886/Ordinance_19-20_Budget_and_Appropriation_procedure_ordinance___1_.pdf



THIS AGENDA IS SUBJECT TO CHANGE

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City of Castle Pines, ColoradoMinutes

City Council Minutes Page 1 of 10City of Castle Pines

REGULAR MEETING OF THE CITY COUNCILDouglas County Library, 360 Village Square Lane, Castle Pines, CO

Tuesday, December 10, 2019, 6:30 p.m.

CALL TO ORDER The Regular meeting of the City Council of the City of Castle Pines, Colorado, was called to order by Mayor Tera Radloff at 6:30 p.m.

Those present were: Tera Radloff, Mayor

Council Members: Mayor Pro Tem Melissa Coudeyras, District 1Deborah Mulvey, District 1Gregg Fisher, District 2Ben Price, District 2Tracy Engerman, District 3

Those absent were: Roger Hudson, District 3

Also present: Michael Penny, City ManagerLinda Michow, City AttorneyTobi Basile, City ClerkSam Bishop, Community Development DirectorMike Farina, Finance Director

ROLL CALL/ PLEDGE OF ALLEGIANCE Crew 316 led the Pledge of Allegiance.

APPROVAL OF AGENDA The agenda was approved as presented.

PUBLIC COMMENT Steve Packard, 7010 Turweston Lane, recommends Council reject the

2020 budget as written and also objects to the commitment of 1.8 million dollars in City funds regarding the Intergovernmental Agreement with Urban Drainage and Flood Control District.

Matthew McDonald, 790 Briar Dale Drive, spoke regarding the possible fee increases for the Elk Ridge Park turf fees.

PRESENTATION OF MINUTESa. Minutes from the November 12, 2019 Regular Meeting were approved.

CONSENT AGENDA

MayorTera Radloff

City ClerkTobi Basile

City Council

District 1Melissa CoudeyrasDeborah Mulvey

District 2Gregg Fisher

Ben Price

District 3Tracy EngermanRoger Hudson

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City of Castle Pines, Colorado – Minutes, cont'd


Ordinance 19-20, An Ordinance of the City Council of the City of Castle Pines, Colorado, Amending Articles 1 and 2 of Chapter 4 of the Municipal Code Regarding Financial Matters on First Reading

Resolution 19-31, A Resolution of the City Council of the City of Castle Pines, Colorado, Levying General Property Taxes for the Year of 2019 to Help Defray the Cost of Government for the 2020 Budget Year

Resolution 19-33, A Resolution of the City Council of the City of Castle Pines, Colorado, In Support of Federal Legislation Establishing a Single Unique ZIP Code for the Jurisdictional Boundaries of the City of Castle Pines

Resolution 19-35, A Resolution of the City Council of the City of Castle Pines, Colorado Approving a Second Amendment to an Intergovernmental Agreement With the Urban Drainage and Flood Control District for the Final Design and Construction of Drainage and Flood Control Improvements for The Canyons

Motion: Mayor Pro Tem Coudeyras moved to approve items on the consent agenda. Council Member Price seconded. The motion passed unanimously.

GENERAL BUSINESS

PUBLIC HEARING: Ordinance 19-15, An Ordinance of the City Council of the City of Castle Pines, Colorado, Approving The Canyons Planned Development Plan, Second Amendment, Case No. PDM19-001, and Amending the Official Zoning Map on Second Reading

PUBLIC HEARING: Ordinance 19-16, An Ordinance of the City Council of the City of Castle Pines, Colorado a Second Amendment to The Canyons Annexation Development Agreement on Second Reading

PUBLIC HEARING: Ordinance 19-17, An Ordinance of the City Council of the City of Castle Pines, Colorado Extending Vested Property Rights Associated With a Second Amendment to The Canyons Planned Development and a Second Amendment to The Canyons Annexation and Development Agreement on Second Reading

Mayor Radloff opened the consolidated Public Hearing at 6:39 p.m.

Sam Bishop, Community Development Director, gave an overview of the application and approval criteria.

Mr. Bishop introduced Mary Hart, North Canyons LLLP, who spoke briefly on the project and introduced Lee Alpert, Manager North Canyons LLLP.

Mr. Alpert spoke briefly regarding the application.

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Ms. Hart introduced Becky Zimmerman of Design Workshop who spoke regarding community benefits.

Ford Frick of BBC Research and Consulting spoke regarding fiscal consequences.

Ms. Hart spoke regarding the review and referral process and introduced Blake Calvert of Core Consultants

Mr. Calvert spoke regarding water resources.

Paul Brown of Felsburg, Holt, and Ulevig spoke regarding traffic.

Ms. Hart spoke regarding the consistency with the City’s vision.

Mayor Radloff opened Public Comment at 9:04 p.m.

Russell Spencer, 7273 Lemon Gulch Way, Castle Rock, spoke regarding water supply, community impacts, and traffic.

Richard Case, 7615 Lemon Gulch Way, Castle Rock, spoke regarding neighborhood impacts, traffic, and an online petition.

Kent George, 418 Andromeda Lane, Castle Rock, concurs with other speakers and states he is not aware of any written notice being received and also spoke regarding traffic.

Joe Henderson, 823 West 124th Drive, Westminster, states he is a traffic engineer hired by a group of HOAs and gave his option on traffic and traffic volume.

George Tocquigny, 5844 Diamond Ridge Parkway, thanked City staff and spoke regarding traffic and traffic improvements.

Bill Short, 555 Zang Street, Suite #100, Lakewood, spoke regarding traffic and urged Council disapproval of the application.

Doug Gilbert, 6947 Wolford Place, praised the quality of staff work and Council review, noted transportation is a regional issue, and hopes

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Council will approve the application and take leadership in transportation.

Noel Samms, 3448 Ghost Dance Drive, Castle Rock, states he is a new resident of Castle Rock and believes Castle Pines is not prepared for the traffic impacts and traffic times if the application is approved.

Jen Iversen, 7207 Shoreham Drive, spoke regarding the number of units, school district increases, traffic, road maintenance, and the desire for wildlife to remain in the area.

Leslie Lilly, 4798 North Lariat Drive, Castle Rock, concurred with other speakers and spoke regarding the I-25/Happy Canyon exit 187 regarding congestion, capacity, access, safety, and cost, and water sources.

Michael Modal, 6607 Deer Run Trail, Castle Rock, states he received no notification by mail, hydrology, drainage concerns, traffic, and loss of wildlife.

Michael Dennis, 7820 Saxeborough Drive, Castle Rock, spoke about traffic concerns and interstate access.

Wayne Ruegge, 47 Brixham Court, spoke regarding business successes and failures coupled with the inability to fill open positions and asked Council to recognize and consider the positive aspects of the TheCanyons.

Caryn Johnson, 7248 Fallon Circle, Castle Rock, notes concern regarding added traffic and doubled annexation along with safety concerns that police/fire will not be able to get through.

Jeffrey Huff, 344 Thornapple way, states the application will provide schools, parks and rec facilities, retail, entertainment, along with infrastructure improvements and urges Council to approve the application.

Charlie Davis, 350 Silver Cloud Place, would like to see housing for multi-family, young and aging which creates a community where they live where they work and shop.

Mayor Radloff closed the Public Comment at 10:02 p.m. 7



Mr. Alpert and Mr. Brown answered addressed traffic concerns.

Mr. Bishop answered questions regarding emergency vehicle access, referrals, and noticing. City Attorney, Linda Michow, also addressed noticing.

Mr. Bishop answered questions regarding drainage and flooding.

Ms. Hart answered questions regarding a wildlife corridor.

Mr. Bishop answered questions regarding traffic improvements.

Mayor Radloff closed the Public Hearing at 10:25 p.m.


Motion: Council Member Mulvey moved to approve Ordinance 19-15, An Ordinance of the City Council of the City of Castle Pines, Colorado, Approving The Canyons Planned Development Plan, Second Amendment, Case No. PDM19-001 and Amending the Official Zoning Map on Second Reading. Council Member Engerman seconded. Council Member Mulvey amended her motion to add the conditions found in the staff report. Council Member Engerman seconded. The motion passed unanimously.

Motion: Mayor Pro Tem Coudeyras moved to adopt Ordinance 19-16, An Ordinance of the City Council of the City of Castle Pines, Colorado, Approving a Second Amendment to The Canyons Annexation and Development Agreement on Second Reading based on the following finding of fact:

1. The Second Amendment to the Canyons Annexation and Development Agreement promotes the public health, safety, and welfare of the community by ensuring development occurs in an orderly manner and that it pays its proportional share of impacts.

Council Member Engerman seconded. The motion passed unanimously.

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Motion: Council Member Price moved to adopt Ordinance 19-17, An Ordinance of the City Council of the City of Castle Pines, Colorado, Extending Vested Property Rights Associated with a Second Amendment to The Canyons Planned Development Agreement based on the following findings of fact:

1. The size of Parcel 3 will require phasing of the project over an extended period of time and therefore justifies the period of vested property rights; and

2. The phasing and development of the project may be negatively impaired or affected by economic cycles and varying market conditions beyond the control of the owners and developers if vested property rights are not granted; and

3. The owners and developers have already provided substantial investments in time, resources and money to develop The Canyons property as envisioned by the PD Plan and should be entitled to rely on previous City approvals as the property develops.

Council Member Fisher seconded. The motion passed unanimously.

Mayor Radloff called for a ten-minute recess at 10:52 p.m. Mayor Radloff reconvened the meeting at 11:07 p.m.

PUBLIC HEARING: Ordinance 19-18, An Ordinance of the City Council of the City of Castle Pines, Colorado, Adopting a New Article 8 of Chapter 6 of the Castle Pines Municipal Code Concerning Tobacco Retailer Licensing on Second Reading

Mayor Radloff opened the Public Hearing at 11:08 p.m.

Michael Penny, City Manager, answered questions regarding the item.

Mayor Radloff opened the Public Comment at 11:09 p.m.

Taylor Roberts, 18750 East Berry Drive, Aurora, representing Tri-County Health, detailed policy changes and actions that better restrict youth access to and use of addictive nicotine products and expressed their support for Ordinance 19-18.

Steve Martinez, 1939 South Quebec Way, Denver, representing Tri-County Health and Douglas County Youth Substance Abuse Prevention Coalition, supports Ordinance 19-18.

Mayor Radloff closed Public Comment at 11:14 p.m.


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Motion: Council Member Price moved to adopt Ordinance 19-18, an Ordinance of the City Council of the City of Castle Pines, Colorado, Adopting a New Article 8 of Chapter 6 of the Castle Pines Municipal Code Concerning Tobacco Retailer Licensing on Second Reading. Council Member Engerman seconded. The motion passed unanimously.

PUBLIC HEARING: Ordinance 19-19, An Ordinance of the City Council of the City of Castle Pines, Colorado, Repealing and Replacing Article 5 of Chapter 11 of the Municipal Code Regarding Alcoholic Beverages in City Owned Parks on Second Reading


Motion: Mayor Radloff moved to continue the Public Hearing to January 14, 2020 at 6:30 p.m. Mayor Pro Tem seconded. The motion passed unanimously.

PUBLIC HEARING: Resolution 19-29, A Resolution of the City Council of the City of Castle Pines, Colorado, Approving the Second Amendment to Amended and Restated Service Plan for The Canyons Metropolitan District No. 4 and Consolidated Service Plan for The Canyons Metropolitan District Nos. 5-7


Linda Michow, City Attorney, presented the item.


No public comment was presented.



Motion: Council Member Price moved to approve Resolution 19-29, A Resolution of the City Council of the City of Castle Pines, Colorado, Approving the Second Amendment to Amended and Restated Service Plan for The Canyons Metropolitan District No. 4 and Consolidate Service Plan for The Canyons Metropolitan District Nos. 5-7. Mayor Pro Tem Coudeyras seconded. The motion passed unanimously.

PUBLIC HEARING: Resolution 19-30, A Resolution of the City Council of the City of Castle Pines, Colorado, to Adopt the 2020 Budget and to Make Appropriations for the Same

Mayor Radloff opened the Public Hearing at 11:24 p.m. 10



Mike Farina, Finance Director, presented the item.


No public comment was presented.



Motion: Council Member Price moved to approve Resolution 19-29, A Resolution of the City Council of the City of Castle Pines, Colorado, Approving the Second Amendment to Amended and Restated Service Plan for The Canyons Metropolitan District No. 4 and Consolidate Service Plan for The Canyons Metropolitan District Nos. 5-7. Mayor Pro Tem Coudeyras seconded. The motion passed unanimously.

Resolution 19-32, A Resolution of the City Council of the City of Castle Pines, Colorado, Amending the City of Castle Pines Fee Schedule

Motion: Mayor Radloff moved to continue Resolution 19-32, A Resolution of the City Council of the City of Castle Pines, Colorado, Amending the City of Castle Pines Fee Schedule to the January 14, 2019 at 6:30pm. Council Member Price seconded.

Mike Farina, Finance Director, noted this resolution effects the 2020 Business License renewals.

Mayor Radloff withdrew her motion.

Mike Farina, Finance Director, presented the item.

Motion: Mayor Pro Tem Coudeyras moved to approve Resolution 19-32, A Resolution of the City Council of the City of Castle Pines, Colorado, Amending the City of Castle Pines Fee Schedule. Council Member Price seconded. The motion passed unanimously.

Resolution 19-34, A Resolution of the City Council of the City of Castle Pines, Colorado Appointing Regular Members to the Combined Planning and Zoning Commission/Board of Adjustment to Fill Vacancies

Mayor Radloff reviewed the process and thanked all applicants.

Motion: Council Member Price moved to approve Resolution 19-34, A Resolution of the City Council of the City of Castle Pines, Colorado, Appointing Regular Members to the Combined Planning and Zoning Commission/Board of 11



Adjustment to Fill Vacancies. Mayor Pro Tem Coudeyras seconded. The motion passed unanimously.

COMMENTS/REPORTSa) City Manager’s Report

Applauds City Council for their work in 2019 Notes he is proud to be the Castle Pines City Manager Mentions his excitement for the future in Castle Pines Thanked Mike Farina, Finance Director, for his work on the 2020

Budget Thanked Mike Farina, Finance Director, and Tobi Basile, City Clerk,

for their work on the 2020 Fee Schedule

b) Council Member ReportsCouncil Member Engerman

Sat on the Douglas County Library Trustee Advisory Board Interview Panel which interviewed 15 candidates

Would like to use that experience as a model on how to attract volunteers

Council Member Price No report was presented

Mayor Pro Tem Coudeyras Attended the National League of Cities Conference in San Antonio,

TX Attended the Centennial Community Noise Airport Roundtable

Meeting which will respond to the final FAA assessment Colorado National Guard 140th wing will be practicing night

exercises for the next several months

Council Member Mulvey Has received resident concerns regarding representation with the

Master HOA vote Douglas County Youth Initiative’s planning and budgeting which

provides individualized services and Castle Pines students have benefitted

Attended the Douglas County Commissioner’s School Safety and Mental Health for Students Funding Meeting

Council Member Fisher States it has been an honor and a pleasure serving with the members

of City Council Notes he is amazed with the accomplishments of City Council and

will sleep well knowing the rest of Council will continue Wished everyone well

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c) Mayor’s Report States she was honored to attend the Leadership of Douglas County

Panel on behalf of Castle Pines Thanked Council Member Gregg Fisher for his service Thanked members of City Council Notes it is an honor to serve the people of Castle Pines Wished a Happy Holidays to all

ADJOURNMENT

Mayor Radloff adjourned the meeting at 11:53 p.m.

MINUTES SUBMITTED: APPROVED:

Tobi Basile, CMC, City Clerk Tera Stave Radloff, Mayor

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CITY OF CASTLE PINES 360 VILLAGE SQUARE LANE, SUITE B CASTLE PINES, CO 80108

1

City Council Communication FormAction Item

To: Mayor Radloff and Members of City Council

From: Sam Bishop, Community Development Director

Date: January 14, 2020

Item: Ordinance - Ordinance 20-01, An Ordinance of the City Council of the City of Castle Pines,Colorado, Approving the Castle Pines Town Center Planned Development Plan, ThirdAmendment, Case No. PDM19-003, and Amending the Official Zoning Map on First Reading

Policy Question: Does Council approve the Castle Pines Town Center Planned Development Plan, ThirdAmendment, Case No. PDM19-003 and the Amendment of the Official Zoning Map?

Background: Ordinance No. 20-01 is scheduled for first reading on January 14, 2020 with second reading and publichearing scheduled on January 28, 2020. Ordinance No. 20-01 seeks to amend The Castle Pines Town Center PlannedDevelopment (PD) to allow for single family attached residential as a permitted land use and minor modifications to PDdevelopment standards. Amending the Planned Development to allow for a new land use is considered a rezoning andis subject to approval by ordinance.

Staff Recommendation: City staff recommends City Council approve Ordinance 20-01 on first reading in order toconsider the 3rd Amendment to the Castle Pines Town Center Planned Development at a duly noticed public hearing onsecond reading.

Proposed Motion: I MOVE TO APPROVE ORDINANCE NO. 20-01, AN ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF CASTLE PINES APPROVING THE CASTLE PINES TOWN CENTERPLANNED DEVELOPMENT, THIRD AMENDMENT, CASE NO. PDM19-002, AND AMENDING THEOFFICIAL ZONING MAP ON FIRST READING.

Staff Analysis: The purpose of first reading is to move the application forward for public hearing and finalconsideration, at which time the applicant and members of the public will be able to provide testimony and presentevidence on the proposed annexation and zoning. City Council’s approval on first reading of the above-referencedOrdinance does not indicate Council’s approval or denial of the proposal. Rather, by approving the Ordinance on first

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reading, City Council is allowing the applicant to present its request to City Council at a future duly noticed publichearing, January 28, 2020.

Because there is no public hearing scheduled for the January 14th Council meeting, Staff has placed the Ordinance onconsent agenda as it is recommended that Council avoid seeking public input or asking extensive comments of staff onfirst reading of the Ordinance. City staff will present a complete and comprehensive staff report, recommendation, andassociated application documents at the public hearing, on second reading of the Ordinance. City Council will have afull opportunity to consider the request following the public hearing on second reading.

For the above-mentioned reasons, this Ordinance are placed on Council’s consent agenda for consideration.

Attachments:Ordinance 20-01 Town Center PD 3rd Amendment.docx

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/505450/Ordinance_20-01_Town_Center_PD_3rd_Amendment.pdf

ORDINANCE NO. 20-01

AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF CASTLE PINES, COLORADO,

APPROVING THE CASTLE PINES TOWN CENTER PLANNED DEVELOPMENT PLAN, THIRD AMENDMENT, CASE NO. PDM19-002, AND

AMENDING THE OFFICIAL ZONING MAP

WHEREAS, the Castle Pines Town Center Planned Development, originally approved in 2012 and amended in 2014 and 2019 (the “PD Plan”), currently designates Planning Area 12 of the PD Plan (“PA-12”) as regional park land; and

WHEREAS, PA-12 is comprised of approximately 20.25 acres and is legally described as Tract I, Castle Pines Town Center Filing No. 2, City of Castle Pines, County of Douglas, Colorado(“Filing No. 2”); and

WHEREAS, General Note 10 of Filing No. 2 provides that PA-12 shall be conveyed to the City of Castle Pines (the “City”) by separate document as a regional park, and that the conveyance shall occur upon written request of the City; and

WHEREAS, PA-12 has not been conveyed to the City and is currently owned by LS Partners, LLC (the “Owner”); and

WHEREAS, the City has determined that PA-12 is not suitable for a regional park and is better suited for residential use; and

WHEREAS, the Department of Community Development for the City (the “Department”), in cooperation with the Owner, has initiated a third amendment to the PD Plan to allow attached single family residential dwelling units and community uses as principal land uses as well as certain accessory land uses in PA-12; and

WHEREAS, the requested third amendment to the PD Plan is accompanied by an exhibit referred to as the “Castle Pines Town Center Planned Development, 3rd Amendment,” comprised of two sheets (the “Third Amended PD Plan”), which is on file with the Department; and

WHEREAS, the Planning Commission has considered the Third Amended PD Plan during a duly noticed public hearing and recommended approval of the Third Amended PD Plan to the City Council, subject to compliance with one condition which has been satisfied; and

WHEREAS, public notice has been properly given of such proposed rezoning of PA-12 in accordance with the City of Castle Pines Zoning Ordinance (“Zoning Ordinance”); and

WHEREAS, in accordance with the Zoning Ordinance, a public hearing was held before the City Council at which time evidence and testimony were presented to the City Council concerning said zoning proposal; and

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City of Castle Pines Ordinance No. 20-01

2

WHEREAS, the legislative record for this case includes, but is not limited to, the Zoning Ordinance, the City of Castle Pines 2016 Comprehensive Plan, as amended, and all other applicable ordinances, resolutions and regulations, together with the Third Amended PD Plan and accompanying maps, reports, studies and all other submittals of the Department and Owner, any written evidence or correspondence submitted at the public hearing, and the staff report pertaining to this application; and

WHEREAS, pursuant to Article 23 of Title 31, C.R.S., as amended, City Council has determined that the proposed rezoning of PA-12 within the Castle Pines Town Center Planned Development, subject to the conditions set forth herein, furthers the public health, safety, convenience and general welfare of the community; meets the criteria of approval set forth in Section 15 of the Zoning Ordinance; is generally in conformance with the City’s 2016 Comprehensive Plan, as amended; is compatible with surrounding uses; and otherwise meets the applicable criteria set forth in the Zoning Ordinance; and

WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the City Council desires to conduct a public hearing in order to provide staff, the Department, the Owner, interested parties, and the public an opportunity to present testimony and evidence regarding the application; and

WHEREAS, approval of this Ordinance on first reading does not constitute a representation that the City Council, or any member of the City Council, supports, approves, rejects, or denies the proposed rezoning.

THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO, ORDAINS:

Section 1. The recitals contained above are incorporated herein by reference and are adopted as findings and determinations of the City Council.

Section 2. The City Council hereby approves the Castle Pines Town Center Planned Development, Third Amendment, Case No. PDM19-002, which amends the principal and accessory land uses allowed in PA-12, subject to all conditions, standards, and requirements of the PD Plan, the Third Amended PD Plan, and the Zoning Ordinance.

Section 3. Approval of the Castle Pines Town Center Planned Development, Third Amendment, Case No. PDM19-002 is subject to compliance with all applicable terms, standards, requirements, and conditions of the PD Plan as amended by the Third Amended PD Plan, and the following conditions of approval:

1. The Department shall resolve any minor technical changes to the Third Amended PD Plan prior to recordation; and

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2. The conditions stated in this Ordinance No. 20-01 shall be revised to conform to anyconditions of approval made by motion of City Council.

Section 4. The Zoning Map of the City of Castle Pines shall be amended to conform to and incorporate the Third Amended PD Plan.

Section 5. Publication and Effective Date. The City Clerk is hereby directed to cause publication of this Ordinance in accordance with Section 6.5 of the Charter. This Ordinance shall be effective thirty (30) days after final publication on the City’s official website and posting at the City Clerk’s office pursuant to Section 1-3-40 of the Municipal Code.

INTRODUCED, READ, AND PASSED ON FIRST READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO the ____ day of ________________, 2020.

READ, PASSED, AND ADOPTED ON SECOND READING, FOLLOWING A PUBLIC HEARING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO the ____ day of ________________, 2020.

Tera Stave Radloff, Mayor

ATTEST: Approved as to form:

Tobi Basile, CMC, City Clerk Linda C. Michow, City Attorney

CERTIFICATION OF PUBLICATION

I hereby attest and certify that the within and foregoing Ordinance was introduced and read on first reading on January 14, 2020; published by title only in the Douglas County News-Press, together with the statement that “[t]he complete text of the ordinance is available through the City Clerk’s office and on the City’s official website with second reading and public hearing to be held on _____________”; and finally passed and adopted by the City Council on _____________, 2020, following a duly noticed public hearing and published on the City’s official website and posted at the City Clerk’s office on _________, 2020.

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ATTEST:

________________________Tobi Basile, CMC, City Clerk

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RESOLUTION NO. 20-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO APPROVING THE CITY COUNCIL APPOINTEES TO VARIOUS

COMMITEES AND BOARDS FOR 2020

WHEREAS, the City of Castle Pines has formal seats and voting representation on various Boards and Committees external to the municipal organization; and

WHEREAS, the City of Castle Pines must appoint members from the Castle Pines City Council to be the City’s formal representative on various Boards and Committees; and

WHEREAS, the City Council desires to document the Council appointees for the upcoming year through the adoption of a resolution.

THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CASTLE PINES, COLORADO, THAT:

Section 1. Formal Representation. The City Council hereby adopts the following list of Council Members to be either the primary or backup representative to the corresponding Boards and Committees for the 2020 calendar year.

List of Council Member Liaisons and associated Board or Committee.1. Metro Mayors Caucus

Primary: Mayor Radloff

2. Mile High Flood Control Primary: Mayor Radloff

3. Cherry Creek Basin Water Authority Primary: Council Member Engerman Backup: Council Member Price

4. Centennial Airport Community Noise Roundtable Primary: Mayor Pro Tem CoudeyrasBackup: Council Member Rants

5. DRCOG Board of Directors Primary: Council Member Hudson Backup: Council Member Mulvey

6. CML Policy CommitteePrimary: Council Member Mulvey Backup Council Member Engerman

7. Castle Pines Chamber of Commerce Primary: Council Member Engerman Backup: Council Member Rants

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City of Castle Pines Resolution No. 20-01Page 2

Section 2. Informal Representation. In addition to the formal representation, the City Council recognizes the need to be involved in other boards and committees where the City of Castle Pines does not have a formal role or vote. The City Council hereby supports the following list of Council Members to represent the City Council and participate with the corresponding Boards and Committees for the 2020 calendar year. This representation does not carry the same responsibility of representation as the formal seats identified in Section 1.

1. Douglas County Youth Initiative Participating: Council Member Mulvey Participating: Mayor Pro Tem Coudeyras

2. Douglas County Housing Partnership Participating: Council Member Mulvey

3. I-25 PEL Steering Committee Participating: Mayor Radloff Participating: Council Member Mulvey

4. Douglas County School District Participating: Council Member Engerman Participating: Council Member Mulvey

Section 3. Effective Date. This Resolution shall take effect upon its approval by the City Council.

INTRODUCED, READ, AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES BY A VOTE OF IN FAVOR AND AGAINST THIS 14TH DAY OF JANUARY, 2020.

BY:



Tobi Basile, City Clerk Linda C. Michow, City Attorney

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From: Michael Penny, City Manager


Item: Resolution - Resolution 20-02, A Resolution of the City Council of the City of Castle Pines,Colorado, Approving an Intergovernmental Agreement Between the City and Douglas CountyConcerning Law Enforcement and Animal Control Services for 2020

Policy Question: Does Council support contracting with the Douglas County Sheriff’s office to provide for lawenforcement and animal control services within the City of Castle pines for 2020?

Background: The City of Castle Pines has contracted with the Douglas County Sheriff’s office to provide for lawenforcement and animal control services within the City of Castle pines since the City incorporated. The City Councildirected staff to evaluate the existing IGA and renegotiate the contract in 2019. This was done and minor cleanup wasmade. It was determined that the City of Castle Pines is receiving a great value for the services provided by the DouglasCounty Sheriff.

Staff Recommendation: Staff recommends the City Council adopts the proposed resolution.

Proposed Motion: I MOVE TO ADOPT RESOLUTION 20-02, A RESOLUTION OF THE CITY COUNCILOF THE CITY OF CASTLE PINES, COLORADO APPROVING AN INTERGOVERNMENTALAGREEMENT WITH DOUGLAS COUNTY FOR LAW ENFORCEMENT AND ANIMAL CONTROLSERVICES FOR 2020.

Staff Analysis: Staff has reviewed the proposed IGA and finds it to be meet the needs of the community. The totalcost for 2020 law enforcement and animal control services is $970,226.44. The increase from 2019 to 2020 is$138,842.44. The reason for this increase is the new development that has occurred in Castle Pines over the last year.The City of Castle Pines uses the City’s 4.5Mill property tax to pay for law enforcement services. The fee is simplybased upon the assessed property value of Castle Pines.

Attachments: 22


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Resolution 20-02 IGA with Douglas County for Law Enforcement and Animal Control Services

2020 IGA With Douglas County Sheriff for Law Enforcement and Animal Control Services.pdf

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN

THE CITY AND DOUGLAS COUNTY CONCERNING LAW ENFORCEMENT AND ANIMAL CONTROL SERVICES FOR 2020

WHEREAS, the City of Castle Pines (“City”) is authorized to enter into contracts for lawful purposes for the protection of the health, safety, and welfare of its citizens; and

WHEREAS, C.R.S. § 29-1-203, as amended from time to time, authorizes local governments to cooperate and contract with other governmental entities regarding functions, services and facilities each is authorized to provide; and

WHEREAS, the City of Castle Pines (“City”) and Douglas County (“County”), on behalf of the Douglas County Sheriff’s Office (“Sheriff’s Office”), previously entered into an intergovernmental agreement dated December 11, 2019 (“IGA”) for the Sherriff’s Office to provide law enforcement and animal control services for the City for 2019 (the “Services”); and

WHEREAS, paragraph 12 of the IGA states that the IGA may be renewed or renegotiatedat the end of its term upon mutual agreement of the parties; and

WHEREAS, the City, the County and the Sheriff’s Office desire to renew the IGA, in substantially the form attached hereto as Exhibit 1, for the provision of the Services for 2020; and

WHEREAS, the City Council has determined that it is in the best interests of the City to renew the IGA and contract with the County for the Services in 2020.

THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CASTLE PINES, COLORADO, THAT:

Section 1. The City Council hereby: (a) approves the renewal of the Intergovernmental Agreement for Law Enforcement Services Between the Board of County Commissioners of Douglas County, on Behalf of the Douglas County Sheriff’s Office, and the City of Castle Pines, in substantially the form attached hereto as Exhibit 1 (“2020 IGA”) in the amount of Nine Hundred Seventy Thousand Two Hundred Twenty Six Dollars and Forty Four Cents ($970,226.44) for the term of January 1, 2020 until December 31, 2020; (b) authorizes the City Attorney, in consultation with the City Manager, to make such changes as may be necessary to correct any non-material errors that do not increase the obligations of the City; and (c) authorizes the Mayor to execute the 2020 IGA in final form.

Section 2. Effective Date. This Resolution shall take effect upon its approval by the City Council.

INTRODUCED, READ, AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES BY A VOTE OF ___ IN FAVOR AND ____AGAINST THIS ____ DAY OF JANUARY, 2020.

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__________________________________Tera Stave Radloff, Mayor

ATTEST: APPROVED AS TO FORM:

__________________________________Tobi Basile, CMC, City Clerk Linda C. Michow, City Attorney

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EXHIBIT 1

[see attached agreement]

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1

INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, ON BEHALF OF THE DOUGLAS COUNTY SHERIFF’S OFFICE,

AND THE CITY OF CASTLE PINES THIS AGREEMENT made and entered into this ___day of _____________, 20___, by

and between the BOARD OF COUNTY COMISSIONERS OF DOUGLAS COUNTY, State of Colorado, (hereinafter referred to as the “County”), on behalf of the DOUGLAS COUNTY SHERIFF’S OFFICE (“DCSO”), and the CITY OF CASTLE PINES, a municipal corporation of the State of Colorado (“Castle Pines”).

WITNESSETH:

WHEREAS, Section 30-11-410, C.R.S., authorizes the Board to contract with the City for the purpose of providing law enforcement by the Sheriff within the boundaries of the City; and

WHEREAS, Section 29-1-203, C.R.S., authorizes the City to enter into contracts with

other governmental units for services; and WHEREAS, the City, Sheriff and Board previously entered into an intergovernmental

agreement for the provision of law enforcement and animal control services on January 4, 2011; and

WHEREAS, the City, Sheriff and Board desire to renew the agreement for the provision of law enforcement and animal control services in accordance with the terms herein provided;

NOW, THEREFORE, in consideration of the premises, it is agreed as follows: 1. TERM: The County shall provide law enforcement and animal control services

within the boundaries of the City commencing January 1, 2020 and shall terminate on December 31, 2020.

2. SCOPE OF SERVICES: The type of law enforcement services to be provided by the Sheriff within the boundaries of the City shall be substantially similar to the law enforcement services provided in the unincorporated areas of Douglas County, as more specifically set forth in Exhibit A, attached hereto and incorporated herein by reference.

A. The County is hereby authorized to enforce all Douglas County ordinances

pertaining to the regulation of traffic and parking, resolutions for the control and licensing of dogs and pet animals, and such County ordinances and resolutions as may be adopted and amended from time to time as expressly approved by the City Council pursuant to Section 30-15-401(8), C.R.S., inclusive as of the date of this Agreement, of Ordinance Numbers: 996-002 (Door to Door Solicitations); 001-003 (Minor Tobacco Possession); 002-001 (Solicitation in Roadways); 012-004 (Open Fires); and 007-003 (Sidewalk Snow Removal).

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B. The Sheriff agrees to provide enforcement of municipal ordinances as may be

designated from time to time by the City. In the event jail or related services are necessary in conjunction with the enforcement of such ordinances, those services shall be subject to normal and customary fees as established by the County.

3. COLLECTED FINES & PENALTIES: As a result of enforcement services stated within Section 2A of this Agreement, the City shall be entitled to retain all revenue collected as a result of such enforcement within the City and will be responsible for subsequently paying any applicable surcharges collected to the appropriate agency.

4. PAYMENT FOR SERVICES: For the Scope of Services described herein, the

City shall pay to the Douglas County Law Enforcement Authority Fund the total sum of $947,112.44 which amount is equal to a 4.5 mill levy for all of the 2019 assessed valuation ($210,469,430) within the boundaries of the City.

The City shall also pay the Douglas County General Fund the total sum of $23,114 for

animal control services. In lieu of the net property tax, auto ownership tax and short-term rental tax collections being distributed directly to the City, such amounts shall be retained by the Board and applied to the total sum of $970,226.44 ($947,112.44 for law enforcement services and $23,114 for animal control services) until paid in full. Should actual net property tax, auto ownership tax and short-term rental tax collections surpass the total sum of $970,226.44; any additional funds collected will be remitted directly to the City on the 10th of the subsequent month. Should actual net property tax, auto ownership tax and short-term rental tax collections not be sufficient to pay the total sum of $970,226.44 by December 31, 2020 the City shall remit any balance due to the Douglas County Treasurer’s Office no later than January 31, 2021. “Net property tax collections” is defined as the amount of current and prior year real and personal property taxes and interest collected, offset by the amount of any abated real and personal property taxes, and offset by one percent (1%) of all actual property tax collections retained by the Douglas County Treasurer’s Office per Section 30-1-102, C.R.S.

5. RECORDS & REPORTING: All records resulting from calls for service or

general routine patrol services within the City enforcement area will be managed and maintained by the Douglas County Sheriff’s Office. The Sheriff shall provide the City with monthly statistical reports reflecting calls for service and crime statistics.

6. PROOF OF INSURANCE: The County shall provide to the City proof of

insurance coverage for losses, costs, damages, claims, actions or liability which may arise or grow out of the Sheriff’s provision of police protection, law enforcement services, and animal control services under the terms of this Agreement as a result of the actions of himself, his staff, or any of his deputies or agents; however, such insurance coverage shall not extend to and the County assumes no responsibility for actions of personnel, staff, representatives, agents or elected officials of the City.

7. PERSONNEL: Any member of the Sheriff’s Office assigned to fulfill contract

services shall remain under the control of the Sheriff’s office and will be afforded the same

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employment rights and benefits as other office members. All Sheriff’s Office personnel serving the City under this Agreement shall remain employees of the Sheriff’s Office. The Sheriff shall continue to be responsible for administering all wages, withholdings, pension, workman’s compensation, unemployment benefits, dental, medical, and life insurance, any and all benefit plans, and all other costs and expenses of such personnel.

8. NO WAIVER OF GOVERNMENTAL IMMUNITY ACT: The Parties hereto understand and agree that the City and the County, their respective council members, commissioners, officials, officers, directors, agents, and employees, are relying on, and do not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act (the “CGIA”), § 24-10-101 to 120, C,R.S., or otherwise available to the County or the City. To the extent the CGIA imposes varying obligations or contains different waivers of immunity for cities and counties, both the City and the County agree that each will remain liable for their independent obligations under the CGIA, and neither party shall be the agent of the other or liable for the obligations of the other.

9. NO THIRD PARTY BENEFICIARIES: The enforcement of the terms and

conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the County and the City, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person under such Agreement.

10. ADDITIONAL SERVICES: In the event the City desires services, in addition to

the services defined in this Agreement, the City may make a written request, which will then be addressed and resolved with reasonable promptness and on mutually acceptable terms between the Parties. Such resolution shall be in writing.

11. NOTICES: Except as otherwise provided herein, all notices or payments required

to be given under this Agreement shall be in writing and shall be hand delivered or sent by first class mail, postage pre-paid, to the following addresses:

To the City of Castle Pines:

City of Castle Pines ATTN: City Manager 360 Village Square Lane, Suite B Castle Pines, CO 80108

with a copy to: Linda Michow

City Attorney Michow Cox & McAskin LLP 6530 S. Yosemite Street, Suite 200 Greenwood Village, CO 80111

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To Douglas County:

Captain James Jensen Douglas County Sheriff’s Office 4000 Justice Way Castle Rock, CO 80109

with a copy to: Kelly Dunnaway

Deputy County Attorney 100 Third Street Castle Rock, CO 80104

All notices or documents delivered or required to be delivered under the provisions of this

Agreement shall be deemed received one (1) day after hand delivery or three (3) days after mailing. Either Party, by written notice so provided, may change the address to which future notices shall be sent.

12. RENEWAL: This Agreement may be renewed or renegotiated at the end of the

term upon mutual agreement of the parties. CITY OF CASTLE PINES: ATTEST: BY: __________________________________ _______________________________ Tera Stave Radloff, Mayor Tobi Basile, City Clerk DATE: ________________________________ DATE: _________________________

APPROVED AS TO LEGAL FORM: _______________________________________ Linda C. Michow, City Attorney DATE: _________________________________

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BOARD OF COUNTY COMMISSIONERS ATTEST: OF DOUGLAS COUNTY: BY: __________________________________ ___________________________________ Emily Wrenn, Deputy Clerk to the Board DATE: ________________________________ DATE: _____________________________ APPROVED AS TO CONTENT: APPROVED AS TO LEGAL FORM: ______________________________________ ___________________________________ Douglas J. DeBord, County Manager Kelly Dunnaway, Deputy County Attorney DATE: ________________________________ DATE: _____________________________ APPROVED AS TO FISCAL CONTENT: DOUGLAS COUNTY SHERIFF: ______________________________________ ___________________________________ Andrew Copland, Finance Director Tony G. Spurlock, Sheriff DATE: ________________________________ DATE: _____________________________

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EXHIBIT A SCOPE OF SERVICES

A. The Douglas County Sheriff’s Office shall provide the law enforcement services as set forth in this Exhibit A:

1. Reactive patrol to enforce federal and state law and City-adopted municipal, criminal, and traffic codes and to respond to residents' and business' calls for service. Violations of municipal ordinances shall be cited into the CITY’s municipal court.

2. Proactive patrol to prevent and deter criminal activity. 3. Traffic patrol to enforce City traffic codes, including, but not limited to,

ordinances related to vehicular safety, weight, traffic or movement and vehicular registration.

4. Investigation of crimes by deputies (investigators) assigned to a criminal investigation unit investigating such crimes as major crimes, drug offenses, fraud and such reports as missing persons, vice, and major accidents. These deputies are supported by crime scene analysis, crime laboratory, polygraph, identification, and evidence control.

5. Special operations services such as canine patrol, hostage negotiations, SWAT, and bomb disposal.

6. Communications services, including call receiving, dispatch, and reports. 7. Attendance and testimony in courts of appropriate jurisdiction and consultation

with prosecuting attorneys. 8. Command and support staff. 9. Administrative services including but not limited to planning and statistics,

subpoena control, training, weapons permits, accounting, payroll, personnel, media relations, fleet control, radio maintenance, purchasing, records, inspections/internal investigations, and other services provided by other County agencies in support of the County Sheriff’s Office.

10. Emergency management/disaster services as deemed necessary protect public health, safety or property, including law enforcement and public safety services that are necessary in an emergency or disaster. Emergency management/disaster services may be necessitated by conditions including, but not limited to, unusual weather conditions such as excessive snow and ice, thunderstorms and floods, and acts of terrorism and large-scale civil disobedience. Whenever possible, the City Manager or his/her designee shall be contacted directly and immediately in the event of a declared or other emergency. Should the Sheriff, acting for the County, undertake emergency management/disaster services he or she deems necessary without prior consultation of the City representative, the City representative will be informed within twenty-four (24) hours of the performance of the emergency management/disaster services. The representatives will work together to determine if an adjustment and

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prioritization of planned work activities can cover the emergency/disaster situation. Status reports are to be provided separately and as regularly as needed during and after the emergency situation.

11. Liquor code compliance and enforcement and law enforcement liaison to liquor licensing authority.

B. The County shall not be required to provide enforcement of general land use, nuisance or zoning provisions. The municipal ordinances for which the County shall provide services under this Agreement include:

1. The general penalty provisions of the Municipal Code, 2. All ordinances codified in Chapter 8 (Vehicles and Traffic) of the City of Castle

Pines Municipal Code, 3. All ordinances codified in Chapter 10 (General Offenses) of the City of Castle

Pines Municipal Code, 4. All ordinances codified in Articles 1 (County Health-Related Offenses) and 7

(Licensing of Dogs and Pet Animals), Chapter 7 of the City of Castle Pines Municipal Code.

5. Police back-up for code enforcement in the event of a dangerous or potentially dangerous situation or encounter.

6. Information on the registration of motor vehicles or criminal histories at the request of the City Manager.

7. Service of municipal summons, complaints and penalty assessments. 8. Seizure of property related to City tax matters at the direction of City

management. C. The County shall provide all resources, personnel, material and equipment necessary to

satisfactorily render the Services described herein.

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From: Tobi Basile, City Clerk


Item: Resolution - Resolution 20-03, A Resolution of the City Council of the City of Castle Pines,Colorado Reappointing the Municipal Court Judge and Approving a Professional ServicesAgreement

Policy Question: Does Council approve the reappointment of Judge Louis Gresh and the approval of a professionalservices agreement for his services?

Background: Section 8.1 of Article VIII of the Castle Pines Home Rule Charter states:(a) There shall be a municipal court of record that shall have exclusive original jurisdiction to hear and determine allcases arising under this Charter or the ordinances of the City. The powers of and the procedure in such municipal courtand the manner of enforcement of its orders and judgments, shall be such as is provided for under this Charter, the lawsof the State of Colorado and the ordinances of the City with respect to municipal courts of records.

(b) In accordance with Colorado State law, the municipal court shall be presided over and its functions exercised byone (1) or more municipal judges, who shall be attorney(s)-at-law authorized to practice in Colorado and otherwisequalified and appointed by the City Council.

(c) A municipal judge shall receive compensation not dependent upon the outcome of the matters to be decided bythem and as fixed by the City Council by resolution or ordinance.

Staff Recommendation: Staff recommends approval of Resolution 20-03.

Proposed Motion: I MOVE TO ADOPT RESOLUTION 20-03, A RESOLUTION OF THE CITY COUNCILOF THE CITY OF CASTLE PINES, COLORADO REAPPOINTING THE MUNICIPAL COURT JUDGE ANDAPPROVING A PROFESSIONAL SERVICES AGREEMENT. 34


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Staff Analysis: Judge Louis Gresh has over 30 years of experience presiding over municipal courts in Douglas Countyand has presided over the Castle Pines Municipal Court since its inception in 2009. His experience and professionalismplay a large part in making the Castle Pines Municipal Court successful.

Attachments:Resolution 20-03 Reappointing Municipal Court Judge and Approving PSA.docx

Louis A. Gresh Municipal Judge Contract (002)v.2.docx

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/505473/Resolution_20-03_Reappointing_Municipal_Court_Judge_and_Approving_PSA.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/506473/Louis_A._Gresh_Municipal_Judge_Contract__002_v.2.pdf


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO

REAPPOINTING THE MUNICIPAL COURT JUDGE AND APPROVING A PROFESSIONAL SERVICES AGREEMENT

WHEREAS, Section 13-10-105 of the Colorado Revised Statutes provides for the appointment of municipal judges and substitute judges; and

WHEREAS, the City Council of the City of Castle Pines wishes to reappoint Louis A. Gresh as presiding municipal judge; and

WHEREAS, the City of Castle Pines and Louis A. Gresh have agreed to the terms and conditions under which Mr. Gresh will continue to preside as the Municipal Judge for the City of Castle Pines.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO, THAT:

Section 1. Appointment of Presiding Judge. City Council hereby reappoints Louis A. Gresh as Municipal Judge for the City of Castle Pines to serve for a term commencing on January 14, 2020 and expiring on January 14, 2022 consistent with Section 2-4-30 of the Castle Pines Municipal Code.

Section 2. The City Council hereby approves a Professional Services Agreement between the City and Louis A. Gresh, as presiding Municipal Judge, in substantially the form attached hereto as Exhibit A (the “Agreement”) and authorizes the Mayor to execute the same on behalf of the City.

INTRODUCED, READ, AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES by a vote of in favor and against this 14th day of January, 2020.



_______________________________Tobi Basile, CMC, City Clerk Linda C. Michow, City Attorney

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EXHIBIT A

PRESIDING MUNICIPAL JUDGE PROFESSIONAL SERVICES AGREEMENT

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PROFESSIONAL SERVICES AGREEMENT(Presiding Municipal

Judge)

THIS AGREEMENT ("Agreement") is- made this __ day of _______ 2020, by and between LOUIS A. GRESH (the "Presiding Municipal Judge") and the CITY OF CASTLE PINES, COLORADO, a home rule municipal corporation of the State of Colorado (the "City").

WHEREAS, the City is authorized by Section 13-10-105, Colorado Revised Statutes to appoint a Presiding Municipal Judge to preside over the Municipal Court; and

WHEREAS, pursuant to Section 2-4-30 of the Castle Pines Municipal Code, the compensation of the Presiding Municipal Judge shall be in such other terms as set by agreement entered into between the City and the Presiding Municipal Judge or by the CityCouncil resolution appointing or reappointing the Presiding Municipal Judge (the "Appointment Resolution"), as amended from time to time; and

WHEREAS, the Presiding Municipal Judge desires to accept the appointment under the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual undertakings set forth in this Agreement, the City and the Presiding Municipal Judge agree as follows:

SECTION 1. Compensation and Benefits. As authorized in the Appointment Resolution, the Presiding Municipal Judge shall be paid the gross sum of Six Thousand Dollars ($6,000.00) per annum in monthly installments of Five Hundred Dollars ($500.00),less required contributions to the Public Employees' Retirement Association ("PERA"). The Presiding Municipal Judge shall not be considered an employee subject to the City's personnel code or policies, if any, and therefore the Presiding Municipal Judge shall not be entitled to any of the benefits afforded employees of the City. The Presiding Municipal Judge shall not be entitled to reimbursement of expenses, unless such expenses are approved by the CityCouncil.

SECTION2. Independent Contractor. The Presiding Municipal Judge shall perform the Services as an independent contractor and shall not be deemed by virtue of this Agreementto have entered into any partnership, joint venture, employer/employee or other relationship with the City. This Agreement does not require the Presiding Municipal Judge to workexclusively for the City. This Agreement shall not be interpreted as the City dictating or directing the Presiding Municipal Judge's performance or the time of performance beyond arange of mutually agreeable court session, but shall be interpreted as the Presiding MunicipalJudge's offer and City acceptance of terms and conditions for performance. The Presiding Municipal Judge's business operations shall not be combined with the City by virtue of thisAgreement, and theCity will not provide any training to the Presiding Municipal Judge beyondthat minimal level required for performance of the Services. The Parties acknowledge that the 38

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Presiding Municipal Judge may require some assistance or direction from the City in order for the Services to meet the City's contractual expectations.

SECTION 3. Liability for Employment-Related Rights and Compensation. The City shall not be called upon to assume any liability for or direct payment of any salaries, wages, contribution to pension funds, insurance premiums or payments, workers' compensation benefits or any other amenities of employment to the Presiding Municipal Judge or any other liabilities whatsoever, unless otherwise specifically provided herein.

The City shall not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the Presiding Municipal Judge including butnot limited to coverage or benefits related to: local, state, or federal income or other taxcontributions; insurance contributions (e.g., FICA); workers' compensation, disability, injury, or health; professional liability insurance, errors and omissions insurance. Notwithstanding the foregoing, the City, as an associated member of PERA, shall make the required employer contributions to PERA as required pursuant to C.R.S. § 24-51-1101(2). The following disclosure is provided in accordance with Colorado law:

PRESIDING MUNICIPAL JUDGE ACKNOWLEDGES THAT PRESIDING MUNICIPAL JUDGE IS NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS FROM THE CITY. PRESIDING MUNICIPAL JUDGE FURTHER ACKNOWLEDGES THAT PRESIDING MUNICIPAL JUDGE IS NOT ENTITLED TO WORKERS' COMPENSATION BENEFITS. PRESIDING MUNICIPAL JUDGE ALSO ACKNOWLEDGES THAT PRESIDING MUNICIPAL JUDGE IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED OR PAID PURSUANT TO THIS AGREEMENT.

SECTION 4. Appointment. The governing body of the City shall appoint such assistant and/or substitute judges as are necessary to assure the efficient operation of the municipal court. Prior to such appointment, the City Council shall solicit the input andsuggestion of the Presiding Municipal Judge, as to appropriate candidates for suchappointment.

SECTION 5. Administrative Support. The City, through legislative appropriation of funds for operation of the municipal court, shall at all times provide suitable facilities forconduct of the public sessions of municipal court, as well as the administrative functions of the office of clerk of the municipal court. The City shall have the exclusive right to designate the courtroom facilities, and the location of the office of the municipal court clerk. Although the Presiding Municipal Judge shall retain the right to appoint the municipal court clerk, theCity Council shall ratify said appointment and ensure that funds are appropriated for such purpose. In addition, the City Council reserves the right to combine functions of a municipal court clerk with a municipal clerk such that the City Manager or City Council (by majority vote) may designate other duties and responsibilities to the individual serving as municipalcourt clerk, provided that assignment of such additional duties and responsibilities do notmaterially impair the efficient operations of the municipal court and the interests of justice.

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SECTION 6. Appointment of Municipal Court Clerk. The Presiding Municipal Judge shall, no later than March 1 of each year during the term of the Presiding Municipal Judge's appointment, designate in writing to the City Manager the appointment or reappointment of the municipal court clerk for a one year term. In the event of a vacancy in theoffice of municipal court clerk, through resignation or otherwise, the Presiding Municipal Judge shall coordinate the solicitation, selection and hiring process through the City administrative staff, provided that the selection of the clerk shall remain in the exclusivediscretion of the Presiding Municipal Judge.

SECTION 7. Limited Purpose. This contract is entered into for the limited purposes authorized under Section 2-4-30 of the Municipal Code, and in no manner shall limit or restrict the powers, duties and prerogatives of the Presiding Municipal Judge under applicablestatutes or the other ordinances or regulations of the City of Castle Pines. In the event of such conflict, the offending provision or provisions of this agreement shall be null and void, andentirely severable from the other provisions of this contract.

SECTION 8. Term. The Term of this Professional Services Agreement shall commence on January 14, 2020 and shall terminate on January 14, 2022 (the first City Councilmeeting in January of even numbered years). Prior to the expiration of the Judge's term of appointment, the City may remove Mr. Gresh as provided in Section 13-10-105 C.R.S., as amended from time to time.

IN WITNESS WHEREOF, the City has caused this Agreement to be signed andexecuted on its behalf by the Mayor and the Presiding Municipal Judge has signed and executed this Agreement as of the day and year first above written.

CITY: PRESIDING JUDGE:

CITY OF CASTLE PINES, By: ___________________________a Colorado municipal corporation Louis A. Gresh

By: ___________________________ Date: __________________________Tera Stave Radloff, Mayor

Date: __________________________

ATTEST:

_______________________________Tobi Basile, City Clerk

APPROVED TO FORM:

By: ____________________________Linda C. Michow, City Attorney 40

360 Village Square Lane, Suite B Castle Pines, CO 80108303-705-0200 castlepinesco.gov

Page 1 of 2



From: Michael Penny, City Manager


Item: Consideration of Approval of the City Manager Teaching at the University of Colorado at Denver for the Spring 2020 Semester

Policy Question: Does Council support allowing the City Manager to teach at the University of Colorado, Denver during the Spring 2020 semester?

Background: The City Manager has been asked to teach a local government class at the University of Colorado (UCD). The class will be held at the Denver campus during Spring 2020and would take place on Wednesdays from 5:00pm to 7:45pm. The City Manager’s contract requires City Council written approval for any other employment.

The City Manager has previously taught both online and in-person classes for the UCD while employed as a local government manager for other municipalities. The opportunity provides the City Manager the ability to support the continued growth of the local government manager profession while giving back to the profession through teaching.

The class also provides the opportunity to showcase Castle Pines to the students as well as the faculty at UCD. The Mayor and/or Council members along with other members of local government management will be invited to be guest speakers, as has been done in previous classes.

The City Manager’s contract provides that the Manager position is a full-time executive exempt position and is therefore responsible for setting a schedule ensuring all the City’s work is completed--regardless of a 40-hour work week. The hours of the class are 5:00pm to 7:45pm for a period of 15 weeks. It is not anticipated this will have any impact on the Manager’s ability to perform the work of the City Manager for the City of Castle Pines.

Conclusion: This is an honor for the City Manager as well as the City of Castle Pines. The City is able to demonstrate support for the university, as well as the local government profession, and be known in a different venue.

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Page 2 of 2

Proposed Motion: I move to authorize the City Manager to accept the teaching position at the University of Colorado, Denver for the Spring 2020 semester.

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From: Tobi Basile, City Clerk


Item: Ordinance - PUBLIC HEARING: Ordinance 19-19, An Ordinance of the City Council of theCity of Castle Pines, Colorado, Repealing and Replacing Article 5 of Chapter 11 of theMunicipal Code Regarding Alcoholic Beverages in City Owned Parks on Second Reading

Policy Question: Does Council support the consumption and storage of fermented malt beverage and vinous liquorduring normal business hours in City owned parks?

Background: Ordinance 11-06 states "No person within a City Park shall consume or have in their possession orcustody any spirituous liquor, malt liquor, or vinous liquor as defined in Section 12-47-103, C.R.S., except as may beapproved by the City under a special events liquor license."

Staff Recommendation: Staff recommends approval of Ordinance 19-19 on second reading.

Proposed Motion: I MOVE TO ADOPT ORDINANCE 19-19, AN ORDINANCE OF THE CITY COUNCILOF THE CITY OF CASTLE PINES, COLORADO, REPEALING AND REPLACING ARTICLE 5 OFCHAPTER 11 OF THE MUNICIPAL CODE REGARDING ALCOHOLIC BEVERAGES IN CITY OWNEDPARKS ON SECOND READING.

Staff Analysis: Alcohol has been prohibited in City owned parks with the exception being the holder of a SpecialEvent Liquor Permit, and permit holders are able to sell or serve alcohol within the limits of the permitted premises. Witha Special Event Liquor Permit, the permit holder is required to maintain control of alcohol by the following:-No alcohol is served or sold to persons under 21 years of age-No alcohol is to leave the permitted premises-No outside alcohol can be brought into the permitted premises

In the past, it has been the custom of certain Special Event Liquor Permit holders to allow citizens to bring in their ownalcohol and there was lax control of the boundaries of the permitted premises. In order to better control the permitted 43


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premises, permit holders have agreed to create a smaller "Beer Garden" area where they can sell and serve alcohol,while effectively keeping outside alcohol from being brought inside the permitted area. As residents are accustomed tobringing alcohol to these events, Ordinance 19-19 would allow them to legally bring fermented malt beverages andvinous alcohol into City owned parks during the business hours of sunrise to sunset. Allowing fermented malt beveragesand vinous alcohol will also eliminate the need for Special Event Liquor Permit holders to search all bags, backpacks,and coolers of persons attending events. The ban on glass containers will remain in effect and persons twenty-one (21)years old and older will not be able to bring in glass bottles of fermented malt beverages or vinous alcohol. Examples ofother municipalities that allow alcohol in city owned parks are Denver, Wheat Ridge, Eagle, and Basalt.

Since first reading, staff has received no public comment or Council comment regarding this ordinance

Attachments:Ordinance 19-19 Alcoholic Beverages in City Owned Parks.docx

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/505891/Ordinance_19-19_Alcoholic_Beverages_in_City_Owned_Parks.pdf

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ORDINANCE NO. 19-19

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO AMENDING ARTICLE 5 OF CHAPTER 11 REGARDING CITY PARKS INCLUDING THE REGULATION OF

ALCOHOLIC BEVERAGES IN CITY PARKS

WHEREAS, the City of Castle Pines (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and

WHEREAS, pursuant to its home rule authority and C.R.S. 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of public health, safety, or welfare; and

WHEREAS, the Council previously adopted regulations concerning parks and recreation as codified in Article 5 of Chapter 11 of the Castle Pines Municipal Code (the “Code”); and

WHEREAS, Colorado State Senate Bill 18-243, which became effective on January 1, 2019, eliminates the alcohol content limit within the definition of “fermented malt beverages,” and allows public consumption of alcohol if it “has been specifically authorized by ordinance, resolution, or rule adopted by a municipality, [or] City;” and

WHEREAS, the Council desires to amend Article 5 of Chapter 11 of the Code to address recent state legislation and to update park regulations to reflect current City practices.


Section 1. Section 11-5-10 of Article 5, Chapter 11 of the Castle Pines Municipal Code is amended to read in full as follows, with underlined, italicized text showing additions and strike-through text showing deletions.

Sec. 11-5-10. – Definitions.

As used in this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein:

Camping means to reside or dwell temporarily in a place, with or without shelter, and conduct activities of daily living, such as eating or sleeping, in suchplace. The term does not include napping during the day (between 6 a.m. and 8 p.m.) or picnicking.

City Manager means the City Manager, Interim City Manager or his or her theirdesignee.

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City Park means any park, open space, trail, or other property owned or leased by the City for recreational use by the public.

Colorado Liquor Code means Article 3 of Title 44 of the Colorado Revised Statutes(C.R.S.), as may be amended from time to time.

Shelter means a designated area inside a City Park that provides protection from the elements, such as pavilions.


Sec. 11-5-20. - Hours and operations; rule-making.

(a) Except as otherwise posted or permitted or in the case of unusual and unforeseen emergencies declared by the City, City Parks shall be open to the public every day of the year from 6 a.m. to 8 p.m sunrise to sunset. It shall be unlawful for a person to remain in or enter a City Park during the time such Park is closed.

(b) Any section or part of a City Park may be declared closed to the public by the City Council or City Manager at any time and for any interval of time as deemed necessary for maintenance, repairs, special events, emergencies, or for such purposes as deemed necessary for the public health, safety and welfare of the community. No person shall enter any closed area of a City Park when such entrance is prohibited.

(c) The City Manager is authorized to promulgate rules to implement the provisions of this Article consistent with Council policy.


Sec. 11-5-30. – Group Use.

(a) Description. Group use of fields, Shelters, and parking lots in City Parks is allowed, subject to the limitations set forth in this Section and pursuant to the policies adopted by the City Council.

(b) Size limits. A facility use agreement or permit is required for any group ofthirty (30) fifteen (15) or more individuals, inclusive of any sports team, league or other organized sports or athletic group regardless of size, to use a field, shelter or parking lot in any City Parks. Applicable fees shall be set forth by resolution of City Council. The application, fees, reservation and permit requirements shall be in

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accordance with City Council policies adopted by Council resolution, and at aminimum shall include:

1. Description and time limits of event; 2. Application fee; and3. Security deposit, if any.

(c) Criteria and issuance of facility use permit. Within three business (3) daysof receipt of a completed application, the City Manager shall review the application. If the City Manager finds that the proposed use is in compliance with application requirements and will not adversely impact the surrounding neighborhood or the use of the City Park by others or the park itself (including park turf), and will comply with this Article and all other applicable City ordinances, rules and regulations, the City Manager shall issue a group use permit.

(d) Revocation. The City Manager may summarily revoke a group use permit if any member of the group violates any provision of this Article or any other applicable City ordinances, rules or regulations during the group’s use of the Park.


Sec. 11-5-40. – Restrictions on uses and activities.

It is unlawful to engage in any activities within any City Park in violation of any of the following regulations, unless otherwise approved by the City Council orthrough a group use permit issued by the City Manager.

1) Refuse and Trash. No person shall dump, deposit, or leave in the City Park any bottles or containers, broken glass, ashes, paper, boxes, cans, rubbish, waste, garbage, household appliances or furniture, construction or landscaping materials, or other discarded items. No such refuse or trash shall be placed in any waters in or contiguous to any City Park or left anywhere on the grounds thereofbut shall be placed in proper receptacles where these are provided; where receptacles are not provided, persons shall carry away all such refuse or trash from the City Park and dispose of it elsewhere.

2) Dogs. Dog owners shall comply with all animal control ordinances adopted by the City and shall pick up their dog’s excrement or waste. Dog owners shall not allow dogs into those areas posted as prohibited areas for dogs, if any. Prohibited areas for dogs may be designated by the City Council by resolution.

3) Motorized Vehicles. No person shall drive, ride, or operate at any time any motorized vehicle or motorized device of any type within a City Park except upon public roadways or designated parking areas running through or adjoining any City

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Park. This prohibition shall not apply to City-owned vehicles, motorized wheelchairs or similar mobility devices, or those approved through a Special EventPermit. All persons operating a motorized vehicle or device within a City Park shall obey all traffic control signs.

4) Fires. No person shall start or sustain a fire, except for the combustion of charcoal in fire pits, grills, or other areas as designated and approved for such use by the City Council within any City Park. This provision shall not serve to prohibit bonfires started or sustained by the City for City-sanctioned special events and programs.

5) Camping. No person shall camp overnight in any City Park.

6) Glass Containers. No person shall carry or use glass containers in any City Park.

7) Vending and Soliciting. No person shall engage in any vending or solicitation operations in any City Park without first having obtained a business license.

8) Alcoholic Beverages. No person within a City Park shall consume or have in their possession or custody any spirituous liquor, malt liquor, or vinous liquor as defined in C.R.S. §12-47-103, except as may be approved by the City under a special events liquor license. The storage, sale, or consumption of any malt, vinous, or spirituous liquors, as defined by the Colorado Liquor Code, is prohibited in any City park except as specifically provided in this section or as may be authorized pursuant to a special event liquor permit issued by the City in accordance with the Colorado Liquor Code. Subject to all applicable City ordinances, rules and regulations, the consumption of fermented malt beverages and vinous liquor is permitted during park hours as specified in section 11-5-20(a) in any City Park so long as such fermented malt beverage or vinous liquor has been purchased in a manner authorized, and is being consumed by persons permitted by applicable state law. It shall be unlawful to sell any fermented malt beverage or vinous liquor within any City Park unless such sales are made pursuant to a special events liquor permit issued by the City and in accordance with the Colorado Liquor Code.

Section 5. No Existing Violation Affected. Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any ordinance hereby repealed or amended by this Ordinance, or any just or legal right or remedy of any character be lost, impaired, or affected by this Ordinance.

Section 6. Repeal of Previous Ordinances. Any and all ordinances or codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such ordinance or code or part thereof shall not revive any other section or part of any ordinance or code heretofore repealed or

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superseded and this repeal shall not affect or prevent the prosecution or punishment of anyperson for any act done or committed in violation of any ordinance hereby repealed prior to the effective date of this Ordinance.

Section 7. Codification Amendments. The codifier of the City’s Municipal Code is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Castle Pines Municipal Code.

Section 8. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Castle Pines, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained.

Section 9. Publication and Effective Date. The City Clerk is hereby directed to cause publication of this Ordinance in accordance with Section 6.5 of the Charter. This Ordinance shall be effective thirty (30) days after final publication on the City’s official website and posted at the City Clerk’s office pursuant to Section 1-3-40 of the Municipal Code.

INTRODUCED, READ, AND PASSED ON FIRST READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO, the 12th DAY OF NOVEMBER, 2019.

READ, PASSED, AND ADOPTED ON SECOND READING, FOLLOWING A PUBLIC HEARING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THECITY OF CASTLE PINES, COLORADO the __th day of _____________, 2020.




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I hereby attest and certify that the within and foregoing Ordinance was introduced and read on first reading on November 12, 2019; published by title only in the Douglas County News-Press, together with the statement that “[t]he complete text of the ordinance is available through the City Clerk’s office and on the City’s official website with second reading and public hearing to be held on December 10, 2019”; and finally passed and adopted by the City Council on ___________, 2020, following a duly noticed public hearing and published on the City’s official website and posted at the City Clerk’s office on November 13, 2019.

ATTEST:

Tobi Basile, CMC, City Clerk

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EXHIBIT A to ORDINANCE 19-17

CHAPTER 11ARTICLE 5

SECTION 11-5-40

Public Parks

Section 11-5-10. Definitions.

As used in this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein:

Camping means to reside or dwell temporarily in a place, with or without shelter, and conduct activities of daily living, such as eating or sleeping, in such place. The term does not include napping during the day (between 6 a.m. and 8 p.m.) or picnicking.

City means the City of Castle Pines, Colorado.

City Manager means the City Manager, Interim City Manager or his or her theirdesignee.

City Park means any park, open space, trail, or other property owned or leased by the City for recreational use by the public.

Shelter means a designated area inside a City Park that provides protection from the elements, such as pavilions.

Section 11-5-20. Hours and Operations.

(a) Except as otherwise posted or permitted or in the case of unusual and unforeseen emergencies, City Parks shall be open to the public every day of the year from 6 a.m. to 8 p.m sunrise to sunset. It shall be unlawful for a person to remain in or enter a City Park during the time such Park is closed.

(b) Any section or part of a City Park may be declared closed to the public by theCity Council or City Manager at any time and for any interval of time as deemed necessary for maintenance, repairs, special events, emergencies, or for such purposes as deemed necessary for the public health, safety and welfare of thecommunity. No person shall enter any closed area of a City Park when suchentrance is prohibited.

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Section 11-5-30. Group Use.

(a) Description. Group use of fields, Shelters, and parking lots in City Parks is allowed, subject to the limitations set forth in this Section and pursuant to the policies adopted by the City Council.

(b) Size limits. A facility use agreement or permit is required for any group ofthirty (30) fifteen (15) or more individuals, inclusive of any sports team, league or other organized sports group regardless of size, to use a field, shelter or parking lot in any City Parks. The application, fees, reservation and permitrequirements shall be in accordance with City Council policies adopted byCouncil fee schedule resolution, and at a minimum shall include:

1. Description and time limits of event; 2. Application fee; and3. Security deposit, if any.

(c) Criteria and issuance of facility use permit. Within three business (3) days ofreceipt of a completed application, the City Manager shall review theapplication. The City Manager shall promulgate rules to administer the Council policy of this ordinance. If the City Manager finds that the proposed use is in compliance with application requirements and will not adversely impact the surrounding neighborhood or the use of the City Park by others or the park itself (including park turf), and will comply with this Ordinance and all other applicable City ordinances, rules and regulations, the City Manager shall issue a group use permit.

(d) Revocation. The City Manager may summarily revoke a group use permit if any member of the group violates any provision of this Ordinance or any other applicable City ordinances, rules or regulations during the group’s use of the Park.

Section 11-5-40. Restrictions on uses and activities.

It is unlawful to engage in any activities within any City Park in violation of any of the following regulations, unless otherwise approved by the City Council orthrough a group use permit issued by the City Manager.

1) Refuse and Trash. No person shall dump, deposit, or leave in the City Park any bottles or containers, broken glass, ashes, paper, boxes, cans, rubbish, waste, garbage, household appliances or furniture, construction or landscaping materials, or other discarded items. No such refuse or trash shall be placed in any waters in or contiguous to any City Park or left anywhere on the grounds thereof but shall be placed in proper receptacles where these are provided; where receptacles are not provided, persons shall

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carry away all such refuse or trash from the City Park and dispose of it elsewhere.

2) Dogs. Dog owners shall comply with all animal control ordinances adopted by the City and shall pick up their dog’s excrement or waste. Dog owners shall not allow dogs into those areas posted as prohibited areas for dogs, if any. Prohibited areas for dogs may be designated by the City Council by resolution.

3) Motorized Vehicles. No person shall drive, ride, or operate at any time any motorized vehicle or motorized device of any type within a City Park except upon public roadways or designated parking areas running through or adjoining any City Park. This prohibition shall not apply to City-owned vehicles, motorized wheelchairs or similar mobility devices, or those approved through a Special Use Permit. All persons operating a motorized vehicle or device within a City Park shall obey all traffic control signs.

4) Fires. No person shall start or sustain a fire, except for the combustion of charcoal in fire pits, grills, or other areas as designated and approved for such use by the City Council within any City Park. This provision shall not serve to prohibit bonfires started or sustained by the City for City-sanctioned special events and programs.

5) Camping. No person shall camp overnight in any City Park.

6) Glass Containers. No person shall carry or use glass containers in any City Park.

7) Vending and Soliciting. No person shall engage in any vending or solicitation operations in any City Park without first having obtained a business license.

8) Alcoholic Beverages. No person within a City Park shall consume or have in their possession or custody any spirituous liquor, malt liquor, or vinous liquor as defined in C.R.S. §12-47-103, except as may be approved by the City under a special events liquor license. The storage, sale, or consumption of any malt, vinous, or spirituous liquors, as defined by the Colorado Liquor Code, is prohibited in any park, recreation area, or recreation building within the city except as specifically provided hereinor as may be authorized pursuant to a special event liquor permit issued by the City in accordance with C.R.S. article 48 title 12. Subject to paragraph (f) of this section, the consumption and storage of fermented malt beverages and vinous liquor is permitted during normal business hours in any City owned park or recreation area within the City so long as, such fermented

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malt beverage or vinous liquor has been purchased in a manner authorized,and is being consumed by persons permitted, by applicable state law. Itshall be unlawful to sell any fermented malt beverage or vinous liquorwithin any City owned park or recreation area unless such sales are madepursuant to a special events liquor permit granted by the City and unlesssuch sales are made in accordance to Colorado Liquor Code.

9) Amplified Sound. No person shall use or operate a loudspeaker or sound-amplifying equipment in any City Park except for City-sanctioned special events and programs or as otherwise approved through a facility use agreement or permit.

10) Structures. No person or group shall install any permanent or above-ground structure in any City Park, unless otherwise authorized or approved byCity Council.

11) Riding Horses. No person shall ride upon any horse or any other animal capable of being ridden, in any City Park, except in areas designated and posted specifically for such use. Law enforcement officials on horse patrol shall be exempt from this prohibition.

12) Weapons. No person shall discharge, fire or shoot any firearm, air gun, slingshot, bow and arrow, or other projectile on or within any City Park, except at places in areas designated and posted specifically for such use.

Section 11-5-50. Unlawful remainder in or return to park.

After the City Manager or any law enforcement officer directs a person to leave or ejects a person from a City Park, it shall be unlawful for the person to remain within the City Park or return to the area for up to twenty-four (24) hours after being directed to leave or ejected.

Section 11-5-60. Enforcement and penalty.

(a) The City Manager and law enforcement officers shall, in connection with their duties imposed by law, enforce the provisions of this Ordinance.

(b) The City Manager and law enforcement officials shall have the authority to eject from the City Park any person who violates any provision of this Ordinance or any rule or any City Code or who engages in any other disorderly or disruptive behavior in a City Park. A person ejected shall be informed that at the time of ejection, reentry is prohibited for up to twenty four (24) hours.

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(c) Law enforcement officers have the authority to issue citations and warnings for violations of City ordinances or any provision of this Ordinance within a City Park.

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From: Mike Farina, Finance Director


Item: Ordinance - PUBLIC HEARING: Ordinance 19-20, An Ordinance of the City Council of theCity of Castle Pines, Colorado Amending Articles 1 and 2 of Chapter 4 of the Municipal CodeRegarding Financial Matters on Second Reading

Policy Question: Does Council support amending Articles 1 and 2 of Chapter 4 of the Municipal Code to correct anyinconsistencies with the City's Home Rule Charter, and establish policy for budget transfers and supplementalappropriations?

Background: City voters approved the City of Castle Pines Home Rule Charter on May 14, 2019.

Chapter 4, Article 1 of the current Code establishes the City's fiscal year as January 1 to December 31. Chapter 4,Article 2 creates a General and Special Funds.

Section 10.4 of the Charter establishes the fiscal year. Section 10.11 of the Charter sets forth Adopt of Budget andAppropriations policy requiring City Council to adopt a resolution for the budget and the annual appropriations onlyafter holding a public hearing. Section 10.12 of the Charter states that City Council may make supplementalappropriations in accordance with procedures set forth by ordinance.

Staff Recommendation: Staff recommends approving Ordinance 19-20 on Second Reading.

Proposed Motion: I MOVE TO ADOPT ORDINANCE 19-20, AN ORDINANCE OF THE CITY COUNCILOF THE CITY OF CASTLE PINES, COLORADO, AMENDING ARTICLES 1 AND 2 OF CHAPTER 4 OFTHE MUNICIPAL CODE REGARDING FINANCIAL MATTERS ON SECOND READING.

Staff Analysis: Section 10.4 of the Charter establishes the fiscal year; therefore, the current Article 1 of the Code canbe repealed and replaced as set forth below. Sections 10.9 of the Charter establishes the General Fund and Section10.10 establishes Special Funds; therefore the current Article 2 can be repealed and replaced as set forth below. 56


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To codify the adoption of budget and appropriations in accordance with the Charter and state law, the Code should beamended to require an annual budget and establish policy for transferring appropriated moneys between funds oraccounts. In addition, the Charter requires that an ordinance be adopted to set policy for making supplementalappropriations for unanticipated expenditures.

Staff has received no public comment or Council comment since first reading.

Attachments:Ordinance_19-20_Budget_and_Appropriation_procedure_ordinance_ (1).docx

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/505886/Ordinance_19-20_Budget_and_Appropriation_procedure_ordinance___1_.pdf

ORDINANCE NO. 19-20

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO, AMENDING ARTICLES 1 AND 2 OF

CHAPTER 4 OF THE MUNICIPAL CODE REGARDING FINANCIAL MATTERS

WHEREAS, on May 14, 2019, electors of the City of Castle Pines (“City”) voted to approve the City Home Rule Charter (“Charter”); and

WHEREAS, the Charter is the controlling document for the City, and any inconsistencies in the City Municipal Code (“Code”) must be revised; and

WHEREAS, in accordance with state law and the Charter, the City Council must adopt a resolution for the budget and for the annual appropriations no later than the fifteenth (15th) day of December of each year for the following year; and

WHEREAS, after adopting the budget and making appropriations, the City Council may deem it necessary to transfer, increase or reduce annual appropriations; and

WHEREAS, the Section 10.12 of the Home Rule Charter, titled Supplemental Appropriations, allows the City Council to make supplemental appropriations in accordance with procedures set forth by ordinance; and

WHEREAS, the City Council desires to establish procedures for authorizing supplemental appropriations, which procedures advance the public health, safety, convenience and general welfare of the residents of the City, and to repeal Article 2 regarding matters established in the Charter.


Section 1. Article 1 of Chapter 4. Article 1 of Chapter 4, titled Fiscal Year, of the Municipal Code is hereby repealed and reenacted to read in full as follows:

Article 1. Budget and Appropriations.

Sec. 4-1-10. Budget. An annual budget of the City is required in accordance with Article X of the Home Rule Charter.

Sec. 4-1-20. Budget transfers. The City Council may transfer appropriated moneys between funds or accounts, as determined by the appropriation level, pursuant to City Council resolution without notice of or conduct of a public hearing.

Sec. 4-1-30. Supplemental Appropriations. The City Council may make additional appropriations for unanticipated expenditures required of the City following a duly noticed

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public hearing. Notice of the time and place of such hearing shall be published once at least seven (7) days prior to such hearing in accordance with Article III, Section 3.6 of the Home Rule Charter. The City Council shall approve supplemental appropriations by resolution.Such additional appropriations shall not exceed the amount by which actual and unanticipated revenues of the year exceed the revenues as estimated in the budget, unless the appropriations are necessary to relieve an emergency endangering the public peace, health, safety or property.

Section 2. Article 2 of Chapter 4. Article 2 of Chapter 4, titled General and Special Funds, is hereby repealed in its entirety and shall be retained as “Reserved.”

Section 3. No Existing Violation Affected. Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any ordinance hereby repealed or amended by this Ordinance, or any just or legal right or remedy of any character be lost, impaired, or affected by this Ordinance.

Section 4. Repeal of Previous Ordinances. Any and all ordinances or codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such ordinance or code or part thereof shall not revive any other section or part of any ordinance or code heretofore repealed or superseded and this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the effective date of this Ordinance.

Section 5. Codification Amendments. The codifier of the City’s Municipal Code is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Castle Pines Municipal Code.

Section 6. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Castle Pines, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained.

Section 7. Publication and Effective Date. The City Clerk is hereby directed to cause publication of this Ordinance in accordance with Section 6.5 of the Charter. This Ordinance shall be effective thirty (30) days after final publication on the City’s official website and posted at the City Clerk’s office pursuant to Section 1-3-40 of the Municipal Code.

INTRODUCED, READ, AND PASSED ON FIRST READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO, the 10th DAY OF DECEMBER, 2019.

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READ, PASSED, AND ADOPTED ON SECOND READING, FOLLOWING A PUBLIC HEARING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO the ____ DAY OF ______________, 2020.





I hereby attest and certify that the within and foregoing Ordinance was introduced and read on first reading on December 10, 2019; published by title only in the Denver Post, together with the statement that “[t]he complete text of the ordinance is available through the City Clerk’s office and on the City’s official website with second reading and public hearing to be held on January 14, 2020”; and finally passed and adopted by the City Council on _____________, 2019, following a duly noticed public hearing and published on the City’s official website and posted at the City Clerk’s office on _________, 2020.

ATTEST:

________________________Tobi Basile, CMC, City Clerk

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