City of Castle Pines, Colorado...Deborah Mulvey District 2 Gregg Fisher Ben Price District 3 Tracy...

MayorTera Radloff

City ClerkTobi Basile

City Council

District 1Melissa CoudeyrasDeborah Mulvey

District 2Gregg Fisher

Ben Price

District 3Tracy EngermanRoger Hudson

City of Castle Pines, Colorado

2019 City of Castle Pines of 2

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

Tuesday, August 13, 2019

STUDY SESSION - 5:30 P.M.

Castle Pines Economic Action Plan 2019-08-12 Castle Pines 2020 Economic Action Plan.pdf

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 July 23, 2019 City Council Meeting 2019-07-23 City Council Minutes Draft.docx

6.GENERAL BUSINESS

6.a. PUBLIC HEARING: Ordinance 19-08, An Ordinance of the City Council of the City ofCastle Pines, Amending Chapter 7 of the Municipal Code to Add a New Section7-3-140 Addressing Construction Hours on Second Reading Ordinance 19-08, Construction Hours.docx

6.b. Resolution 19-21, A Resolution of the City Council of the City of Castle Pines, ColoradoApproving an Intergovernmental Agreement Between the Douglas County Clerk andRecorder and the City of Castle Pines Regarding the Conduct of a Coordinated Electionto be Held on November 5, 2019 Resolution 19-21, IGA with Douglas County for Coordinated Election.docxIGA with Douglas County for Election.pdf

6.c. Motion Awarding Michael Penny a One-Time Bonus in Recognition of His DiligentEfforts to Move the City Forward in a Positive Direction City Council Communication Form

7.COMMENTS/REPORTS

7.a. City Manager's Report 1

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/410592/2019-08-12_Castle_Pines_2020_Economic_Action_Plan.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/405844/2019-07-23_City_Council_Minutes_Draft.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/406200/Ordinance_19-08__Construction_Hours.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/408354/Resolution_19-21__IGA_with_Douglas_County_for_Coordinated_Election.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/408374/IGA_with_Douglas_County_for_Election.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/408336/Staff_Memo_Motion_Awarding_Michael_Penny.pdf

City of Castle Pines, Colorado

2019 City of Castle Pines of 2

7.b. Council Member Reports

7.c. Mayor's Report

8.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.

THIS AGENDA IS SUBJECT TO CHANGE

2

City of Castle Pines, CO

2020 Economic Action Plan Prepared For:

City of Castle Pines City Council Prepared By:

3

CASTLE PINES 2020 | Economic Action Plan

P a g e | 1

Section 1:

Introduction During the fall of 2018, Ricker Ι Cunningham (RC), Real Estate Economists and Community Strategists, the Consultant Team, was retained by the City of Castle Pines, Colorado (herein referred to as the “City”) to assist with preparation of a guide for elected and appointed officials to use in advancing key economic development objectives essential for the successful growth and development of the community. With a recently adopted Comprehensive Plan, new management and numerous other initiatives completed, including conversion to a Home Rule community, City Council identified the necessity for alignment of its policy and regulating documents, and development of a strategic approach to prioritizing municipal resources in furtherance of stated intentions. This City of Castle Pines 2020 Economic Action Plan (herein referred to as the “Plan”) provides that direction. Since it grew out of the comprehensive planning effort, it both relied on and benefited from related analyses and outreach events. Where that plan left off, this document picks up, offering an understanding of prevailing market conditions and industry trends that will influence Castle Pines’ built environment, along with the fiscal implications of these and related land use and capital investment decisions.

Strategy Purpose Whereas one objective of the 2016 Comprehensive Plan is to “… guide policy and land use development decisions while managing growth and the provision of services,” the purpose of this strategic document is to provide a road map for accomplishing this objective, along with providing an understanding of possible impacts associated with various approaches, and circumstances that could either hinder or support your efforts. Collectively, the recommendations presented here are intended to capitalize on opportunities for, and barriers to investment, in an effort to “ready the market (or community) for desired development. It should be used as a “check” on the use of municipal resources, both monetary and staff, to ensure they effectively leverage desired outcomes.

Methodology The method used to ensure delivery of a truly instructive resource for community leaders involved multiple steps including detailed analyses of factors impacting investment decisions, both public and private, including: local and regional real estate markets, the intentions and actions of competitive communities, and existing policy and regulating directives. This work was supplemented by discussions with stakeholder audiences such as property and business owners, lender groups, local officials, professional planners and developers, and institutional representatives familiar with Castle Pines. Within these forums, input received from participants suggested alignment regarding the necessity to better position vacant and improved infill properties for economic activity. Widely held goals included:

capital improvements that both optimize and protect the physical realm;

more and safer accommodations (bicycle and pedestrian) for non-vehicular mobility;

greater variety of connections between concentrations of residents, businesses and centers of activity; and

4


P a g e | 2

a built environment that meets the needs of a more diverse community profile.

Participants also expressed recognition that while existing non-residential properties are largely occupied, their commercial and business offerings are primarily local-serving, and therefore undervalued given the community’s strategic location in one of the region’s fastest growing submarkets, and spending capacity of day-and nighttime populations in the trade area.

Guiding Documents Reports and analyses prepared prior to and during development of this document, and which collectively provide the foundation for moving beyond city hall and into the community to advance the recommendations identified here include:

Conditions Survey and Urban Renewal Plan (2010)

Multi-Modal Enhancement Plan Ι Castle Pines Parkway Ι Monarch Boulevard (2011)

Downtown Colorado Inc. (DCI) Castle Pines Study (2012)

Downtown Colorado Inc. (DCI) Village Square Library Sub-Area Study (2014)

City of Castle Pines Citizens Survey (2012)

Buxton Retail Assessment (2015)

City of Castle Pines Comprehensive Plan Update (2016)

Castle Pines Master Transportation Plan (2017)

Parks and Recreation Comprehensive Plan (2017)

Mixed-Use Design Guidelines (2018)

Urban Land Institute (ULI) Castle Pines Central Business District Technical Advisory Panel (TAP) Report (2018)

National Civic League Visioning Study (2019)

Conversion to Home Rule City (2019)

Gateway Design Study (2019)

A key distinction regarding the recommended approach to economic development by Castle Pines is that it balances investment promotion with fiscal sustainability. While many communities encourage development, few seek to adequately anticipate the potential consequences of their actions, and in so doing, refine their efforts accordingly. Through the process that resulted in this report, the City of Castle Pines recognized that those attributes which will limit its capacity for growth are the same ones that ensure its authenticity. Despite its geographic location in Douglas County, with some of the Denver Metro Area’s most valuable real estate assets and highest income groups, its competitive position between the rapidly growing cities of Lone Tree and Castle Rock and natural surroundings have served to elevate its standing as one of the most desirable destinations for entrepreneurs, executives, families, and those individuals and businesses seeking quality over quantity and certainty over volatility.

5


P a g e | 3

To this end, the City of Castle Pines’ efforts for the foreseeable future will be deliberate and intentional, particularly related to development within both vacant, yet entitled tracts, as well as redevelopment in established locations. Further, it will continually evaluate and encourage market opportunities that align with stated community objectives, identify and mitigate potential obstacles to investment, and preserve and protect its valued assets. Finally, given its distinctive set of circumstances, including the potentially finite nature of existing plans and agreements, and possibility for more than doubling the residential base, the City will frequently evaluate its fiscal health.

Report Format The City of Castle Pines 2020 Economic Action Plan is presented in three sections. The Introduction describes its purpose and intentions, the methodology employed, and previous initiatives that informed this one. The Economic Development Infrastructure section offers a description of those community elements that represent its “value proposition,” or competitive advantages, and that will continue to influence the City’s share of development growth in the region. Finally, the Priorities and Actions section outlines the economic development framework, as well as specific initiatives and associated tools and actions necessary to move them forward. Supporting Appendices include:

detailed descriptions of those lifestyle segments most represented in the trade area;

overview of market demand by land use category;

fiscal impact analysis of potential development over the next 10 years;

maps illustrating various market conditions and indicators;

professional paper regarding high-performing economies;

vision statement and potential redevelopment scenario for the community’s central core and associated economic feasibility;

description of various mechanisms which may be used to finance public infrastructure and improvements; and

a glossary of terms used herein.

6


P a g e | 4

Section 2:

Economic Development Infrastructure In addition to being tailored to specific community goals and objectives, an effective and implementable economic development program is based on a holistic view of an area’s or community’s investment climate. To this end, efforts to foster a favorable environment for businesses must consider not only the needs of corporations, but those of their employees as well. While business siting decisions tend to place the greatest emphasis on conditions associated with supply, operational costs and personnel linkages, similar consideration is given to the availability of a diverse mix of housing product types, opportunities for entertainment and physical activity, and access to natural and cultural resources. As revealed in the list below, a community’s “economic development infrastructure” is comprised of its people, places, and policies, not just its sites and service levels.

People – a community’s resident and non-resident employees, its labor force, and its employers

Sites and Buildings - opportunity sites and buildings which can effectively leverage public incentives for development and redevelopment

Housing Choices – housing products that serve a wide range of age, income and lifestyle stages

Incentives and Business Support - public programs, projects, and policies which overcome limited resources and facilitate private investment

Infrastructure - physical networks such as transportation (roadways, mobility, service, coordination, connections, etc.) and utility systems (power, water, sewer, cable, etc.) which support private investment

Quality of Life - recreation amenities, social services, public facilities, etc., which both visitors and residents can access

In order to effectively accomplish community objectives with regard to growth, development and economic sustainability, the City must first understand the components of its economic development infrastructure. The perspective taken in researching these was one of the corporate site selector, since the City’s potential is continually being assessed in terms of those factors that are important in the facility location and business expansion decision, notwithstanding quality-of-life factors which are important to both residents and business owners.

Local and Regional Context Castle Pines is located in the northern portion of Douglas County, Colorado, and straddles both the east and west sides of Interstate 25 (I-25), the state’s principal north-south thoroughfare connecting its borders to New Mexico on the south and Wyoming on the north. Douglas County, Denver’s southern-most county, serves as a strategic gateway to the Metropolitan Area.

7


P a g e | 5

Incorporated on February 12, 2008, the City is a Home Rule city under Colorado law and follows the Council-Manager form of government. The community is recognized for its outstanding quality of life, unprecedented views of the Rocky Mountains, extensive network of trails and open spaces, superior schools, and strategic location between the state’s two largest employment centers, Denver and Colorado Springs.

At the time of its incorporation, Castle Pines was comprised of approximately 2,417 acres and included a small business district, 3,912 households, a 250-acre undeveloped residential development, and a single point of access to I-25 at Castle Pines Parkway. Since then, the city has grown by more than 6,117 acres to more than 9.55 square miles. With the incorporation of a proposed multi-use development called The Canyons, forming the eastern extent of its municipal boundaries, the City effectively established a scenario whereby its existing population base would more than double with the addition of 4,175 new dwelling units, and its commercial base grow by nearly 10 times, with allowances for more than approximately 2.6 million square feet. Whereas this magnitude of growth will inevitably affect the delivery of services and capacity of existing infrastructure, the City is committed to exploring various approaches to restructuring its economic base and maintaining its incomparable standard of living.

The population growth that Castle Pines anticipates in the future will necessitate a focus on job growth, as well as the attraction and retention of businesses. Comprehensive plans can encourage economic growth using land use polices to retain and expand businesses in locations that provide optimal benefits to the community. This Plan establishes the blueprint for directing new growth and redevelopment into key areas where job centers and retail development will be most successful, and where the community can realize its full potential.

In May 2019, residents voted to approve the City's new Home Rule Charter, making Castle Pines the state's 102nd, and newest, municipality to be governed by Home Rule. As a Home Rule municipality, the City has the opportunity to self-collect sales tax, which is anticipated to increase the City’s primary source of revenue, through local control of its tax base, and improved and accelerated collection.

A synthesis of key market, physical, economic and fiscal indicators which provide an objective, unbiased assessment of Castle Pine’s future competitive position in the trade area (Castle Pines/Douglas County) and region (Denver Metro Area) over the next decade is presented below.

Market Influences

50% of parcels in Commercial District are owned by out-of-state or out-of-country (Canada) interests, totaling approximately half of area acreage (less apartments)

Properties are performing (low vacancy rate), yet under-delivering a diverse mix of uses

Not on the “edge” of the Denver Metro Area, but “sandwiched” between growth areas north (Lone Tree), south (Castle Rock), east (Parker) and west (Sterling Ranch)

20% to 25% higher local lease rates relative to similar space in competitive subareas

In excess of 40,000 square foot existing void in trade area Food and Beverage establishments 35+ additional food and beverage operators supportable over the next 10 years

8


P a g e | 6

5 million square feet of demand for trade area employment space over same timeframe

Opportunity for corporate anchor within the ”mixed use” areas as identified in the City’s Comprehensive Plan

48% of Trade Area households represent potential buyers/renters of products that are not single family detached units

Missing “middle” housing market or products in the $200k to $350k price range and $1,250 to $2,250 rent range

Department store deconstruction and increasing obsolescence

Retail and industrial space interface allowing for less onsite inventory

Mandate for experience retail

E-commerce/main street interface

* More than half of shoppers walk into a brick and mortar store to touch and feel, and then walk out to place their order online.

Physical Influences

No obvious (historic) value in built environment

Significant portion of future commercial properties maintain suboptimal design and format

Approximately 15 vacant parcels, totaling nearly 10 acres in Business District, yet only 50% of this area could potentially accommodate new development.

65% parcel utilization rate among current properties in Business District Limited diversity in housing product mix, few opportunities to attain higher values (and revenues) per acre associated with these development types

Development pattern that fails to efficiently use and leverage existing infrastructure or support an “identifiable place”

Limited public ownership of private rights-of-way within Business District

Utilization rate = improvement value/total value

Economic Influences

Assembling land for redevelopment difficult

Limited options for creatively-financed projects

Inequities between area revenues and costs (i.e., lease rates) in established areas

Established development pattern too low to support mixed-use venue

Property owner basis low enough to make them risk averse and reluctant to reinvest and reposition properties

Value of existing properties high enough to make acquisition challenging

9


P a g e | 7

Fiscal Influences

Ongoing development of new low-density residential product types will require higher public service levels

New development generates on one-time revenues (Use Tax and Fees from new construction)

Uncertain timing of future sales tax revenue (character of existing retail and timing of new retail)

Impending imbalance between revenue-generating and cost-producing land uses

Intermittent acquisition of public assets by City and heightened maintenance costs

Modest densities within Business District and uses with limited potential to generate significant levels of sales tax revenue

Development patter that fails to efficiently use and leverage existing infrastructure of support an “identifiable place”

City’s current land use balance may negatively impact its capacity to maintain service levels within the next decade

Detailed analyses of market, economic and fiscal influences are included in the Appendix.

Competitive Position In light of the local and regional influences previously outlined, the City of Castle Pine has singular attributes that offer a competitive advantage over other communities in the South Denver Metro Area and Douglas County for business development and private sector investment, including:

Highly educated, affluent community

Vacant land with visibility from, and access to, region-serving infrastructure (I-25)

Current entitlements allow for sizable assemblages able to accommodate commercial and mixed-use master-planned development

Attractive physical setting and natural amenities

Alternative modes of access to regional and interstate systems

Comparatively modest land costs for new development

Access to area training and higher educational facilities

A “front door” to the Denver Metro Area from points south

Favorable school ratings across multiple grade levels

Location within a nationally-recognized high growth market

Quality of life desired by highly educated and technically skilled workers seeking a live-work balance

Strategic location along I-25, the state’s major north-south region-serving roadway

10


P a g e | 8

Branding potential that promotes healthy, active lifestyles

Proximity to Denver Metro Area labor pool

Environment attractive to the “creative class” of professionals and entrepreneurs

In light of both external influences and internal assets, Castle Pines has the potential to maintain and expand on its image as “the” community in which to live, work and play. With its attractive setting, quality inventory of home products, vast system of parks and interconnected trails, and committed leadership, it maintains a strong foundation on which to shape its economic vitality. To remain competitive for investment that reflects the community’s established values and intentions for the future, the City will need to maintain a level of openness to product types that do not currently exist in the market, but for which there is both need and demand. A consistent commitment by the City’s leaders to economic resiliency and superior levels of service will depend on their ability to successfully position the community as a high-quality environment for sustainable investment.

11


P a g e | 9

Section 3:

Priorities and Actions An effective plan for economic growth and stability must be tailored to specific community goals and objectives. To this end, the City of Castle Pines 2020 Economic Action Plan is based on the City’s intent to be an “economically resilient community with a diverse, yet stable economic base.” This intention is memorialized in both the Vision Statement prepared by the Castle Pines City Council in 2018 and Strategic Objectives, both of which are presented below.

City Council Vision Statement for the City of Castle Pines (2018)

An inclusive Colorado community that embraces our unique neighborhood character

A community that creates outdoor and active lifestyle living amenities

A community that supports conscientious development where we live, work, play, and shop

City Council 2018-19 Strategic Objectives

Financial resiliency and vitality

Reliable and safe infrastructure

Intentional development

Foster community

High performing operations

Economic strength

The vision and objectives also represent the community’s “value proposition” in the competitive South Denver Metro market. A value proposition refers to the value a company (or community) promises to deliver to customers (or residents, business and property owners) should they choose to buy their product. A value proposition is also a declaration of intent or a statement that introduces a company's (or community’s) brand to consumers by telling them what it stand for, how it operates and why it deserves their business. The value proposition also reflects the community’s understanding of “risk” and “opportunity cost” as defined here.

Risk

The risk of failing to act may be defined as (and realized as) a loss in retail sales. For the reasons stated previously and generally attributed to an imbalance in revenue- generating versus service cost-producing land uses, the City cannot afford any measurable reduction in sales tax revenue. This Plan proposes alternative approaches to ensuring adequate levels of revenue.

Opportunity Cost

The cost of doing nothing may be defined as a lost opportunity. With retail trends continuously shifting, the City must maintain a heightened awareness of industry trends

12


P a g e | 10

Community Assets

and commit resources to attracting emerging retail operators, helping to mitigate declines among existing operators and minimize leakage to other jurisdictions.

Economic Development Framework Part of the recommended strategy for advancing economic development priorities in Castle Pines is the design of, and commitment to, a process that keeps multiple initiatives moving forward simultaneously. The definition of initiative is broad – it includes public, private or public- private projects (physical), programs (social, educational, public relations and financial), and supportive policies. What is most important, strategically, is to maintain a number and variety that are constantly being introduced and which address the near- and long-term goals of the community. Through this approach, the community will build goodwill and an informed constituency, provide opportunities for public participation, allow special interest groups and partner organizations to play a meaningful role, and put forth visible evidence that Castle Pines is successful and making positive strides. Investors, developers and lenders seek out environments with market opportunity and areas with prospects for success. “Success breeds success.” Figure 1 illustrates a potential framework for taking advantage of economic development opportunities. Each of these framework components are summarized below.

Figure 1: Economic Development Framework

Economic Development Opportunities

Guiding Principles

Priority Initiatives

Actions

Community Conscience

Public/Private Stakeholders

13


P a g e | 11

Guiding Principles The range of priorities and actions identified to move the Plan forward were selected based on a foundation of guiding principles. These guiding principles, while general in nature, are responsive to current and future market opportunities and stakeholder input.

1. The City will maintain a proactive and entrepreneurial attitude towards new development and redevelopment that is consistent with the community vision.

2. Public commitment will be long-term.

3. Development will be guided by short-term guidelines and long-term standards.

4. The City will provide assistance for eligible projects that have verifiable financing gaps (to the extent reasonable and possible), but for the minimum possible length of time.

5. Preferences will be given to projects emphasizing a greater diversity of uses and serving broader market segments.

6. The City will consider the fiscal impacts of new development and redevelopment.

Priority Initiatives As government has the longest-term investment in the community, it is appropriate for the City to “pave” the way for investment and reinvestment by the private sector. The priority initiatives identified below assume private investment will follow public commitment to create a supportive investment climate.

1. Evaluate and modify existing incentive offerings in order to ensure the judicious use of municipal resources

2. Establish proactive initiatives to better encourage property investment and reinvestment, as well as business expansion and attraction

3. Leverage partnerships with organizations and institutions that support the vision expressed herein

4. Protect and enhance those attributes of the community that are unique to Castle Pines and valued by existing and future populations

5. Coordinate and align efforts and messaging regarding Castle Pines’ vision and objectives

6. Amend policy, regulations and strategic resources to ensure consistency

7. Balance flexibility and certainty when considering land use applications and product design

8. Ensure fiscal stability and predictability with respect to the City’s land use balance

Public Sector Commitment. The role of the public sector in any (re)development initiative is to “ready the environment for investment.” They can do this in a variety of ways that can be characterized as mitigating or eliminating barriers to, and capitalizing on opportunities for, investment.

14


P a g e | 12

Actions To advance these priority initiatives, targeted actions by the City will be necessary to achieve desired economic development outcomes. The following actions represent a “work plan” going forward – specific actions designed to “ready the environment for investment”.

1. Adopt this Economic Action Plan to enhance the City’s potential for sustained fiscal health

2. Conduct fiscal impact analyses for annexation requests and rezoning land use applications

3. Periodically (e.g., annually) monitor the City’s real estate products and land use mix to ensure consistency with intended development patterns

4. Monitor real estate market conditions and engage the “Delivery System”1 periodically (e.g., quarterly) to share information and insights

5. Complete the trails system that connects existing and developing neighborhoods to the existing Business District

6. Establish a moniker for the Business District that can be consistently used and which will serve to identify the area as a destination in the region

7. Streamline approval of mixed-use developments throughout the Business District

8. Research and identify potential special districts that could be established in targeted areas to provide funding for improvements, maintenance, marketing, etc.

9. Establish funding mechanisms and holding entities for publicly-acquired properties to be positioned for development by private entities

10. Complete capital improvements, especially public roadways, as quickly as possible in order to more easily allow for consistent levels of investment, maintenance and programming

11. Complete gateway improvements at the Castle Pines Parkway/I-25 interchange that are “balanced” and consistent on both the east and west sides, and which communicate a single entrance rather than two separate development areas

12. Provide financial assistance in the redevelopment of strategically-located parcels in the Business District for their secondary and tertiary benefits (e.g., cultivate community identity, anchor neighborhoods, diversify city’s balance sheet and provide public amenities)

1 “Delivery System” refers to any entity, public or private, that affects the delivery of a product to the market. This can include property owners, developers, lenders, investors, neighborhood groups, regulatory agencies, etc.

15


P a g e | 13

13. Consider renegotiating existing development agreements to ensure a greater diversity of residential product types, greater balance of non-residential uses, resources spent recruiting certain land uses and tenant types, and messaging with regard to commercial offerings in the city

14. Acquire strategic infill parcels for desired development and redevelopment consistent with expressed objectives

15. Create a dedicated funding source for economic development efforts

16. Consider hiring an Economic Development Specialist to guide recommended initiatives and actions detailed herein

17. Rezone the Business District to promote integrated land uses

The economic development priorities and considerations were identified and intended to provide a bridge between the City’s intentions with regard to growth and development, and potential consequences resulting from local circumstances and past agreements. They reflect an understanding of the area’s locational attributes as well as potential obstacles to desired outcomes. Since the primary purpose of this Plan is to ensure the community’s image is preserved through thoughtful planning and development, decisions regarding the same must be deliberate.

Conclusion This City of Castle Pines 2020 Economic Action Plan was prepared to confirm the visionary intentions expressed in the Comprehensive Plan and reflected in supporting policy documents, and advance objectives related to fiscal balance and livability. The recommendations offered should be used to prioritize expenditures on capital improvements, both functional and aesthetic, and demonstrate the public’s commitment to this effort.

The ability of the City to attract market share and encourage desired investment will be largely based on continued growth in the region, as well as the community’s willingness to commit long- term to the stated objectives. Until all of the necessary resources are in place to protect the stated vision, City officials are encouraged to use guidance provided here in the form of intentions and desired outcomes to review and consider development proposals. Finally, this report acknowledges that it could take many years to advance this strategy and that market conditions will inevitably change during that timeframe. Therefore, the City is further encouraged to be somewhat flexible in its interpretation of how different product types align with the stated intentions.

16

City of Castle Pines, ColoradoMinutes

City Council Minutes Page 1 of 5City of Castle Pines

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

Tuesday, July 23, 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 6:33 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 3Roger Hudson, District 3

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

ROLL CALL/ PLEDGE OF ALLEGIANCE Mayor Radloff led the Pledge of Allegiance.

APPROVAL OF AGENDA The agenda was approved as presented.

PUBLIC COMMENT Michael Stefanich, 6911 Hampton Court, spoke regarding residential

parking problems with the charter school. Cindy Hughes, 171 Back Nine Drive, spoke regarding construction

noise. Bob Hughes, 171 Back Nine Drive, spoke regarding construction noise

and the disrespect to residents. Al Hoffman, 512 Crossing Circle, spoke regarding flight patterns and

noise from Centennial Airport.

PRESENTATION OF MINUTESa. Minutes from the July 9, 2019 Regular Meeting were approved.

MayorTera Radloff

City ClerkTobi Basile

City Council

District 1Melissa CoudeyrasDeborah Mulvey

District 2Gregg Fisher

Ben Price

District 3Tracy EngermanRoger Hudson

17

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


GENERAL BUSINESSa. PUBLIC HEARING, Approval of New Hotel and Restaurant Liquor

License for The Berg Haus, LLC d-b-a The Berg Haus (7280 Lagae Road, Suite A-111, Castle Pines, CO)

Mayor Radloff convened Council as the Liquor Licensing Authority and opened the Public Hearing at 6:44 p.m.

Tobi Basile, City Clerk, presented the item and introduced applicant, Bruce Ringgenberg, who also spoke to the application.

Mayor Radloff opened Public Comment at 7:05 p.m.

No public comment was presented.

Mayor Radloff closed Public Comment at 6:42 p.m.

Council Member Price moved to close the Public Hearing and MayorRadloff closed the Public Hearing at 7:08 p.m.

Motion: Mayor Pro Tem Coudeyras moved to approve a new Colorado Hotel and Restaurant Liquor License for The Berg Haus, LLC d-b-a The Berg Haus. Council Member Price seconded. The motion passed unanimously.

Motion: Council Member Mulvey moved to amend to adopt the findings and fact made by staff.

a. PUBLIC HEARING Ordinance 19-07, An Ordinance of the City Council of the City of Castle Pines, Colorado, Amending Chapter 11 of the Castle Pines Municipal Code to Add a New Article 7 Entitled Median Safety on Second Reading

Mayor Radloff opened the Public Hearing at 7:12 p.m.

Larry Nimmo, Public Works Director, presented the item.

Mayor Radloff opened Public Comment at 7:19 p.m.

No public comment was presented.

Mayor Radloff closed the Public Hearing at 7:24 p.m.

Motion: Mayor Pro Tem Coudeyras moved to adopt Ordinance 19-07, An Ordinance Amending Chapter 11 of the Castle Pines Municipal Code to Add a New Article 7 Entitled Median Safety on Second Reading. Mayor Radloff seconded. The motion passed: 6 to 1.

18



b. EMERGENCY ORDINANCE, Ordinance 19-08, An Ordinance of the City Council of the City of Castle Pines, Colorado, Amending Chapter 7 of the Municipal Code to Add a New Section 7-3-140 Addressing Construction Hours and Declaring an Emergency

Sam Bishop, Community Development Director, presented the item.

Motion: Council Member Mulvey moved to table Ordinance 19-08. Council Member Engerman seconded. The motion failed: 3 to 4.

Motion: Council Member Price moved to amend the ordinance to remove the Emergency declaration and approve Ordinance 19-08, Amending Chapter 7 of the Municipal Code to Add a New Section 7-3-140 Addressing Construction Hours onFirst Reading. Council Member Hudson seconded. The motion passed: 6 to 1.

COMMENTS/REPORTSa) City Manager’s Report

The City will be overhauling pedestrian crossings on Monarch The large road work project is set to begin August 3rd

The Fitness Court is planned to be installed at Elk Ridge Park with grand opening October 5th or 12th

Staff Members will be touring City Halls to get ideas for Castle Pines City Hall

Shea will start selling homes on September 14th

Received letter from Master Association asking how to spend surplus funds

Nomination Petitions to run for City Council are available beginning at 8am on August 6th

Will look into neighborhood permit parking

Council Member Fisher No report was presented

Council Member Price States he found road construction for his neighborhood on the City

website

Council Member Mulvey Thanked staff for packet items while on vacation Thanked Michael Penny for answering questions while on vacation Participated in vote to dissolve Parks Authority and transfer funds to the

City for restricted uses States the funds will be used as intended and restricted by the IGA Attended the CML conference 19



States the City should always consider the demographic when buildingnew homes

States is heartened by the focus on youth mental well-being by Douglas County the school district

Encourages citizens to continue the conversation and be open to discuss the root causes of at-risk behaviors

Received feed back regarding youth vaping and has learned raising the cost through taxation would be a deterrent for youth vaping

Mayor Pro Tem Coudeyras Attended Centennial Airport Roundtable Meeting and states complaints

from Castle Pines households have increased Encourages citizens to report complaints on the Centennial Airport

Website

Council Member Engerman Presented no report

Council Member Hudson States there is an increased number of lost or missing dogs in the

neighborhood Supports Sheriff Spurlock Excited The Berg Haus will be opening soon Thanked City Staff

b) Mayor’s Report Thanked Mike Farina for the Financial Report Thanked Staff for the maps regarding the pavement program Attended the Ribbon Cutting for Century Homes Will like review and update of the Model Traffic Code Movie Night at The Ridge will be on July 27th at 6:30 p.m.

EXECUTIVE SESSIONMotion: Mayor Radloff moved the Council convene into Executive Session pursuant to CRS 24-6-402(4)(f)(I) for purposes of personnel matters regarding the City Manager. Council Member Price seconded. The motion passed unanimously.

City Council entered Executive Session at 8:38 p.m.

City Council reconvened at 9:50 p.m.

ADJOURNMENT

Mayor Radloff adjourned the meeting at 9:51 p.m.

20



MINUTES SUBMITTED: APPROVED:

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

21

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: August 13, 2019

Item: General Business - PUBLIC HEARING: Ordinance 19-08, An Ordinance of the City Councilof the City of Castle Pines, Amending Chapter 7 of the Municipal Code to Add a New Section7-3-140 Addressing Construction Hours on Second Reading

Policy Question: Does Council support the adoption of standardized construction hours for the City of Castle Pines?

Background: The intent of implementing standardized construction hours is to protect the public’s health, safety andwelfare. Redevelopment in established neighborhoods, along with newer development projects (Castle Valley, CastlePines Town Center and The Canyons) in the City have, or will have, residents living in active construction zones whichnecessitate these regulations. Established construction hours will provide workers and residents alike predictable timesfor construction activity to occur.

Staff Recommendation: City Staff recommends City Council approve Ordinance No. 19-08, on Second Reading,establishing construction hours for the City of Castle Pines.

Proposed Motion: I MOVE TO APPROVE ORDINANCE NO. 19-08 AMENDING CHAPTER 7 OF THEMUNICIPAL CODE TO ADD A NEW SECTION 7-3-140 ADDRESSING CONSTRUCTION HOURS ONSECOND READING.

Staff Analysis: Council expressed concern on first reading that the ordinance did not take into account homeownerconstruction activity. To address this issue, Staff has revised the ordinance to differentiate “Construction Activity” and“Homeowner Construction Activity”. The ordinance defines Construction Activity as: any activity, relating but not limitedto, operating or permitting the operation of any tools or equipment in connection with the erection, fabrication,installation, alteration, excavation or demolition of any structure, facility or addition thereto. Construction Activityextends to site preparation, earth moving, blasting, drilling, loading, and unloading from construction vehicles. Theordinance further distinguishes Homeowner Construction Activity as construction activity limited to repair, upgrade,

22


2

remodel, fence repair, and similar maintenance-type work performed by a property owner on their property on whichthey reside or intend to reside in the City

The Ordinance proposes alternative hours for Construction Activity and Homeowner Construction Activity as follows: Monday through Friday: 7 a.m. to 7 p.m.Saturday: 8 a.m. to 4 p.m.Sunday and City holidays: Construction activity limited to homeowner construction activity only as defined in Section7-3-140 (a) from 8 a.m. to 4 p.m.

In summary, the changes from first reading define homeowner construction activity and allows for such activity onSundays and City holidays.

Construction hours will be enforced through Code Enforcement. The City will also utilize the Douglas County SheriffDepartment under special circumstances.

Attachments:Ordinance 19-08, Construction Hours.docx

23

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/406200/Ordinance_19-08__Construction_Hours.pdf

of 4

ORDINANCE NO. 19-08

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CASTLE PINES, COLORADO AMENDING CHAPTER 7 OF THE

MUNICIPAL CODE TO ADD A NEW SECTION 7-3-140 ADDRESSING CONSTRUCTION HOURS

WHEREAS, the City of Castle Pines, as a home rule municipality, is authorized to regulate building and construction activity within the City; and

WHEREAS, the City currently regulates permissible construction hours through the issuance of building permits and conditions thereon; and

WHEREAS, the City Council desires to codify permissible construction hours to provide consistency and predictability throughout the City.

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

Section 1. Chapter 7 of the Municipal Code is amended to add a new Section 7-3-140 to read in full as follows:

Sec. 7-3-140. Permissible Construction times.

(a) For purposes of this Section, and unless the context clearly indicates otherwise, certain terms and words used herein shall be interpreted as follows:

City holidays mean New Year’s Day; Martin Luther King Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve and Christmas Day.

Construction activity means any activity, relating but not limited to, operating or permitting the operation of any tools or equipment in connection with the erection, fabrication, installation, alteration, excavation or demolition of any structure, facility or addition thereto. Construction activity extends to site preparation, earth moving, blasting, drilling, and loading and unloading from construction vehicles.

Construction site means real property, as defined by its boundary lines, over any part of which there is a construction activity, along with the public or private right-of-way adjacent to such property.

Construction vehicle means any car, truck, tractor, trailer or other vehicle or equipment of any type that is used to perform any part of a construction activity or to transport equipment, supplies or workers to a construction site.

Emergency work means work required to protect persons or property from exposure to imminent danger.

Homeowner construction activity means construction activity limited to repair, upgrade, remodel, fence repair and similar maintenance-type work performed by a property owner on their property on which they reside or intend to reside in the City.

24

of 4

(b) Construction activity, including homeowner construction activity, may be performed subject to the following restrictions:

Day Permissible HoursMonday through Friday 7 a.m. to 7 p.m.

Saturday 8 a.m. to 4 p.m.

Sundays and City holidays Construction activity limited to homeowner construction activity only as defined in Section 7-3-140 (a) from 8 a.m. to 4 p.m.

(c) Exceptions. The following construction activities shall be exempt from the limitations on construction hours set forth in Section 7-3-140(a):

1. Emergency work as defined in section 7-3-140(a);

2. Construction activity granted by written permission by the City Manager or their designee based on evidence of special need or unique or unusual circumstances;

3. Construction activity that occurs solely within a fully enclosed structure; or

4. Construction activity performed by or on behalf of the City.

(d) Enforcement. If construction activity occurs on a construction site in violation of this Section, the City may, at its discretion, take one or more of the following actions:

1. Issue a stop work order;

2. Withhold any certificate of occupancy for any improvement on the construction site;

3. Withhold any required construction or building inspection approvals;

4. Reject any necessary acceptance by the City of construction or improvements;

5. Prosecute the violation in accordance with the City's laws governing nuisances or in accordance with the provisions set forth in Section 1-4-20 of this Code.

Section 2. Severability. If any portion of this Ordinance is found to be void or ineffective, it shall be deemed severed from this Ordinance and the remaining provisions shall remain valid and in full force and effect, in accordance with Section 6.8 of the Charter.

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.

25

of 4

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 Section 1 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 days following final publication.

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 _______, 2019.

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 _______, 2019.

Tera Stave Radloff, Mayor

ATTEST: Approved as to form:

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

26

of 4

CERTIFICATION OF PUBLICATIONI hereby attest and certify that the within and foregoing Ordinance was introduced and read

on first reading on _____________, 2019; published by title only in the Douglas County News-Press, together with the statement that “[t]he complete text of all ordinances is available through the City Offices and on the City’s official website”; and finally passed and adopted by the City Council on _____________, 2019, following a duly noticed public hearing and ordered published by title only, with amendments if any, one time in the Douglas County News-Press on _____________, 2019.

ATTEST:

________________________Tobi Basile, CMC, City Clerk

27


1



From: Tobi Basile, City Clerk


Item: General Business - Resolution 19-21, A Resolution of the City Council of the City of CastlePines, Colorado Approving an Intergovernmental Agreement Between the Douglas CountyClerk and Recorder and the City of Castle Pines Regarding the Conduct of a CoordinatedElection to be Held on November 5, 2019

Policy Question: Does Council support the Intergovernmental Agreement with Douglas County Elections Divisionwhich allows the City of Castle Pines to participate in the November 5, 2019 Coordinated Election?

Background: In January 2020, terms for one City Council seat from each of the three districts expire. The CastlePines Home Rule Charter specifies in Article IV, Section 4.2 (a): A general municipal election shall be held inNovember of each odd-numbered year on the date to coincide with the election date of the Douglas Countycoordinated election. Pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S) governmentalentities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses.

Staff Recommendation: Staff recommends Council support this resolution.

Proposed Motion: I MOVE TO APPROVE RESOLUTION 19-21, A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF CASTLE PINES, COLORADO APPROVING AN INTERGOVERNMENTALAGREEMENT BETWEEN THE DOUGLAS COUNTY CLERK AND RECORDER AND THE CITY OFCASTLE PINES REGARDING THE CONDUCT OF A COORDINATED ELECTION TO BE HELD ONNOVEMBER 5, 2019.

Staff Analysis: Participation in the Douglas County November 5, 2019 Coordinated Election provides benefits, suchas reduced costs for the City, while allowing the "Designated Election Official" (DEO) for the City to have primaryresponsibility for the conduct of election procedures handled by the jurisdiction. Douglas County will also provide thecoordination for: Ballot packet printing 28


2

Ballot packet mailing All tasks related to Election Judges All functions of the Canvass Board Logic and Accuracy Testing Daily ballot pick-up Electronic voting tabulation equipment Ballot counting Report of results Recount of ballots (if needed) Risk Limiting Audit Storage of election records as required by code

Attachments:Resolution 19-21, IGA with Douglas County for Coordinated Election.docx

IGA with Douglas County for Election.pdf

29

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/408354/Resolution_19-21__IGA_with_Douglas_County_for_Coordinated_Election.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/408374/IGA_with_Douglas_County_for_Election.pdf

RESOLUTION NO. 19-21

A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF CASTLE PINES, COLORADO APPROVING AN

INTERGOVERNMENTAL AGREEMENT BETWEEN THE DOUGLAS COUNTY CLERK AND RECORDER AND THE CITY OF CASTLE

PINES REGARDING THE CONDUCT OF A COORDINATED ELECTION TO BE HELD ON NOVEMBER 5, 2019

WHEREAS, November 5, 2019 is a designated coordinated election date under state law; and

WHEREAS, Article IV, Section 4.2 of the Home Rule Charter of the City of Castle Pines(“City”) states a general municipal election shall be held in November of each odd-numbered year on the date to coincide with the election date of the Douglas County Coordinated election; and

WHEREAS, pursuant to Section 1-7-116(5), C.R.S., the City notified the Douglas County Clerk and Recorder in writing of its intent to participate in the November 5, 2019 election; and

WHEREAS, pursuant to Section 1-7-116(1), C.R.S., if more than one political subdivision holds an election on the same day in November and the eligible electors for each election are the same of the boundary overlap, the county clerk and recorder shall conduct the elections on behalf of all political subdivisions; and

WHEREAS, Section 1-7-116(2), C.R.S., states that the political subdivisions for which the county clerk and recorder will conduct the coordinated election shall enter into an agreement with the county clerk and recorder, which agreement shall be signed no later than seventy days prior to the election, or on or before August 27, 2019; and

WHEREAS, the City Council of the City of Castle Pines wishes to enter into such an agreement with the Douglas County Clerk and Recorder regarding the conduct of a coordinated election on November 5, 2019; and

WHEREAS, Sections 31-10-102.7 and 1-1-102(1), C.R.S., allow a municipality to provide by ordinance or resolution that it will utilize the requirements and procedures of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1, C.R.S. (the “Uniform Election Code”) in lieu of the Municipal Election Code of 1965, Article 10 of Title 31, C.R.S., with respect to any election; and

WHEREAS, in accordance with Section 2-1-10 of the Municipal Code, the November 5, 2019 election will be conducted pursuant to the requirements and procedures of the Uniform Election Code.

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

Section 1. The City Council hereby approves the Intergovernmental Agreement between the City and the Douglas County Clerk and Recorder regarding the conduct of the November 5, 2019 coordinated election, substantially in the form attached as Exhibit A (the 30

City of Castle Pines Resolution No. 19-21Page 2

2

“Election IGA”), and authorizes the City Manager or City Clerk and their designees to take whatever action is necessary to coordinate the election.

Section 2. The Designated Election Official for the City for the 2019 coordinated election is the City Clerk.

Section 3. The City Council hereby specifically approves the expenditure of the City’s pro rata share of the actual costs for the Douglas County Clerk and Recorder to conduct the coordinated election, including the City’s pro rata share of the costs of printing and mailing the ballots and all other election expenses pursuant to the terms of the Election IGA.

Section 4. For purposes of the November 5, 2019 coordinated election, the City shall utilize the requirements and procedures of the Uniform Election Code.

Section 5. The City Manager shall be authorized to execute the Election IGA on behalf of the City.

Section 6. This Resolution shall be effective immediately upon approval of the City Council of the City of Castle Pines.

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 13thday of AUGUST, 2019.

By:Tera Stave Radloff, Mayor

ATTEST: Approved as to Form:

By: By: Tobi Basile, CMC, City Clerk Linda Michow, City Attorney

31

City of Castle Pines Resolution No. 19-21Page 3

3

EXHIBIT AINTERGOVERNMENTAL AGREEMENT

32

Douglas County Elections IGA Page 1 of 10

INTERGOVERNMENTAL AGREEMENT (IGA)

BETWEEN

DOUGLAS COUNTY CLERK AND RECORDER

AND

______________________________________ (Enter Jurisdiction Name)

Regarding the Conduct and Administration of the

NOVEMBER 5, 2019 COORDINATED ELECTION

Merlin Klotz

Douglas County Clerk and Recorder 125 Stephanie Place

Castle Rock, Colorado 80109 303-660-7444

33


THIS AGREEMENT is made by and between the Board of County Commissioners of the County of Douglas, State of Colorado, on behalf of the Douglas County Clerk and Recorder (hereinafter referred to as the "County") and ____________________________ (hereinafter referred to as the “Jurisdiction") collectively as the “Parties”; and

WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1,

C.R.S.), governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and

WHEREAS, pursuant to section 1-7-116, C.R.S. if more than one political subdivision

holds an election on the same day in November and the eligible electors for each such election are the same or the boundaries overlap, the County Clerk and Recorder is the Coordinated Election Official and, pursuant to section 1–5– 401, C.R.S. shall conduct the elections on behalf of all political subdivisions utilizing the mail ballot procedures set forth in article 7.5 of title 1; and

WHEREAS, the County and Jurisdiction have determined that section 1-7-116, C.R.S.

applies and it is in the best interest of the taxpayers and the electors to enter into this Agreement to conduct the Coordinated Election on November 5, 2019; and

WHEREAS, such agreements are authorized pursuant to Article XIV, Section 18 of the

Colorado Constitution, and sections 1-7-116 and 29-1-203, C.R.S. NOW, THEREFORE, for and in consideration of the promises herein contained, the

sufficiency of which is hereby acknowledged, the Parties hereto agree this election shall be conducted as a coordinated election in accordance with the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S.) or any other Title of C.R.S. governing participating Jurisdiction's election matters, as well as the Colorado Constitution, and the State of Colorado Secretary of State (SOS) Rules (the “Code”). The election participants will execute agreements with Douglas County for this purpose and may include municipalities, school districts, and special districts within the Douglas County limits and the State of Colorado.

SECTION I.

PURPOSE AND GENERAL MATTERS

1.01 DEFINITIONS:

A. “Coordinated Election Official” (hereinafter “CEO”) means the County Clerk and

Recorder who acts as the “coordinated election official”, as defined within the Code and Rules.

B. “Contact Officer” (hereinafter “Officer”) means the person who acts as the primary liaison or contact between the Jurisdiction and the CEO. The Officer shall be that person under the authority of the CEO who will have primary responsibility for the coordination of the election for the Jurisdiction and the procedures to be completed by the County Clerk hereunder.

C. “Designated Election Official" (hereinafter “DEO”), means the person identified by the Jurisdiction to act as the primary liaison between the Jurisdiction and the Officer and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction, as specified within the Code.

34


1.02 JOINT RESPONSIBILITIES

A. All parties shall familiarize themselves with all statutory and regulatory requirements

impacting coordinated elections and TABOR notices (if applicable the Jurisdiction will

sign the “TABOR Notice Agreement” as part of this IGA) and shall adhere to all applicable provisions of the Code which are necessary or appropriate to the performance of the duties required.

B. Nothing herein shall be deemed to relieve the CEO or the Jurisdiction from their official responsibilities for the conduct of the election, including any of their respective responsibilities under the Fair Campaign Practices Act or any local ordinances concerning fair campaign practices.

1.03 JURISDICTIONAL

The Jurisdiction encompasses territory within Douglas County. This Agreement shall apply only to that portion of the Jurisdiction within Douglas County. Where the Jurisdiction is entirely contained within Douglas County, the Officer has jurisdiction in establishing ballot order and number. When the Jurisdiction is split among more than one county, the Officer will coordinate with other counties to agree upon ballot order and numbering.

SECTION II. COUNTY/JURISDICTION RESPONSIBILITIES

The County and the Jurisdiction shall each perform their respective duties and/or functions within the context of this Agreement: 2.01 COUNTY RESPONSIBILITIES:

A. Assist the DEO on any matter related to the election to ensure the smooth and efficient

operation of the election (such information shall not include legal advice) by designating an Officer with the specific duty of assisting with the election of the Jurisdiction and acting as the primary liaison between the County and Jurisdiction.

B. Provide an Address Library Report that defines Jurisdictional boundaries in terms of residential street ranges based on County Assessor. The Address Library Report will include the address report from the SOS voter registration system, which defines street addresses within the jurisdiction. Provide the Jurisdiction with a District Boundary map, which identifies the boundaries within the Jurisdiction from records on file with the County Assessor office.

C. Provide an Annexations, Inclusions, and/or Exclusions form to the Jurisdiction.

D. County will verify errors, omissions, and/or corrections identified by the Jurisdiction against County Assessor data, and where appropriate, modify street ranges to accurately define the eligible electors within the Jurisdiction.

35


E. Contract for the mail ballot packets (ballots, voter instructions, and return envelope) and remit payment directly to the vendor.

F. Provide ballot printing layouts compliant with the Code for proofreading and signature approval by the Jurisdiction prior to final ballot printing.

G. Mail the ballot packets as required by the Code.

H. Make available a certified list of the Jurisdiction’s registered voters.

I. Secure and perform all associated tasks relating to election judges.

J. Coordinate, instruct, and oversee all functions of the Canvass Board to include a canvass of the votes and certification of the results providing the Jurisdiction with a copy of all election statements and certificates required under the Code.

K. Prepare and run the required Logic and Accuracy Test (process for verifying the

accuracy of ballot counting equipment in accordance with the Code) to include providing blank ballots for the DEO to mark as the “test deck”.

L. Provide daily pick-up of the ballot from 24-hour ballot boxes, sealed ballot container(s)

containing voted ballots from all designated locations, and provide replacement sealed empty ballot container(s).

M. Publish and post the required legal notices pursuant to § 1-5-205(1), C.R.S. Notices shall be published for the Jurisdiction’s ballot issues, ballot questions, and/or candidates.

N. Refer members of the public and press to the DEO regarding specific questions about

candidates or ballot questions.

O. Provide the necessary electronic voting tabulation equipment, personnel properly trained in electronic tabulating equipment, programming of the vote tabulating equipment, and the facility to conduct the ballot tabulation.

P. Conduct and oversee the process of counting ballots and reporting the results.

Q. Provide a secure area for no more than two persons appointed by the Jurisdiction to

observe each ballot processing step.

R. Conduct a recount of the ballots cast if required by law, requested by the Jurisdiction, or requested by an interested party as allowed by the Code.

S. Prepare and conduct the required Risk Limiting Audit before certifying election results.

T. Submit to the Jurisdiction an itemized invoice for all expenses incurred under this

Agreement. Within thirty (30) days from the date of receipt of such invoice, the Jurisdiction shall remit to the County the total payment.

U. Store all election records as required by the Code.

36


2.02 JURISDICTION RESPONSIBILITIES:

A. Identify a DEO who shall familiarize themselves with all statutory and regulatory

requirements impacting the Jurisdiction.

B. Identify immediately to Officer if Jurisdiction is shared by any additional county. Procedures will be followed per SOS Rule 4.2 to determine controlling county in coordinated elections.

C. Provide a copy of the ordinance or resolution stating that the Jurisdiction has adopted

the exclusive use of the Code for the conduct of the election and that the Jurisdiction will participate in the coordinated election in accordance with the terms and conditions of this Agreement.

D. Confirm it has sufficient funds available and appropriated in its approved budget to pay

its prorated election expenses for the coordinated election.

E. Return the IGA with the signature page completed on or before the seventieth (70) day in order to enter into an intergovernmental agreement, per the Code.

F. Appoint at least one member, and no more than two members, to represent the

Jurisdiction and to participate in the Logic and Accuracy Test (LAT) and Canvass Board. If there is not an appointed representative present for these activities, an employee of the Douglas County Clerk and Recorder will be appointed on the Jurisdiction’s behalf by the Officer.

G. Certify Jurisdictional boundaries, in writing on or before eightieth (80) day prior to the

election. This may be accomplished through the DEO certifying the accuracy of the Address Library Report including any changes, additions, or deletions to be made to the street ranges or by certification of the District Boundary map with any discrepancies indicated.

H. Review all petition information and verify the information against the registration records,

and, where applicable, the county assessor's records as per § 1-4-908, C.R.S. After review, the DEO shall notify the candidate of the number of valid signatures and whether the petition appears to be sufficient or insufficient. Upon determining that the petition is sufficient and after the time for protest has passed, the DEO shall certify the candidate to the ballot, and notify the Officer.

I. Write initiatives in plain, non-technical language, worded with simplicity and clarity in

compliance with all statutory requirements as per § 1-40-105(1), C.R.S. Text shall be provided in plain text format. The Officer will not accept text that includes, but is not limited to, bold, italic, underline, bullets, numbering, tables, strikethrough or indentations.

J. The DEO shall refer correspondence and calls relating to election outside of the DEO’s

expertise, to the Officer for response.

K. Determine the ballot title and text. Certify, if applicable, the candidate, the list of ballot issues and/or ballot questions electronically (with receipt confirmed by the Officer) in a plain text format, on or before the sixtieth (60) day, no later than 5:00 p.m. MST. The

37


ballot content must be certified in the order in which it will appear on the ballot. The certified list of candidates (order determined by lot drawing, or if applicable, city/town charter), ballot issues, and/or ballot questions shall be final and the Officer will not be responsible for making any changes after the certification, except those prescribed by statute. The Officer will not accept text that includes, but is not limited to, bold, italic, underline, bullets, numbering, tables, strikethrough or indentations. The use of all capital letters is reserved for TABOR issues only, per the Code.

L. Provide the phonetic pronunciation of each candidate’s name to assist with the

preparation of the audio ballot at the time ballot content is certified to the County. This information to be left in a voice message recording at (303) 663-6279 and include the candidate name, jurisdiction, and title of office.

M. Indicate whether question(s) are a referred measure or an initiative from a citizen

petition. The Jurisdiction understands and agrees that any untimely ballot content submitted may result in candidates, issues, or questions not being on the ballot for the coordinated election.

N. Proofread the layout and the text of the Jurisdiction’s portion of the official ballots and

TABOR notice (if applicable) and provide written confirmation (electronic format) of acceptance before the printing of the ballots. Approval or requested changes must be received within two (2) hours of receiving the layout and text from the county. This may require availability outside of normal business hours. Such acceptance is final, and no changes will be made after written notice (electronic format) is given to the Officer. Failure to respond by the deadline will be considered acceptance “as is”. A penalty for delay or rework of the ballot or TABOR notice will result in an additional fee to the Jurisdiction for all associated costs with fixing or correcting Jurisdictional errors.

O. Prepare, hand-count, and deliver to the Officer, the required test deck for the Logic and

Accuracy Test.

P. Perform the following tasks (as applicable) in elections where Jurisdictional property owners are eligible to vote:

a. Request access to and utilize the online Special District Designated Election

Official Voter Lookup tool provided by the Colorado Secretary of State to confirm voter registration and verify “property ownership” information. Contact the Officer for assistance gaining access to this tool.

b. Provide the initial and supplemental certified list of eligible “property owners”, as determined by the Jurisdiction, who:

i. Own property within the Jurisdiction, appear on the State of Colorado list of registered voters and reside at an address that is not within the boundaries of Douglas County (“Out of County” property owners); or,

ii. Own property within the Jurisdiction, appear on the Douglas County list of registered voters, reside at an address that may not match the property address as shown on the County Assessor’s list, but is within the boundaries of Douglas County (“In County” property owners).

38


c. Coordinate directly with the Douglas County Assessor’s Office(303-660-7450) or visit their website to obtain the list of all recorded owners of taxable real and personal property at https://apps.douglas.co.us/assessor/advanced-search/

d. Exclude non-person entities and persons not living in the state of Colorado; any individuals not registered to vote; any person who resides in the district, as they will already receive a mail ballot.

e. Submit the lists as an electronic copy using Microsoft Excel format. The

spreadsheet shall contain no more than one (1) eligible elector’s name per line. Each line shall consist of the following separated fields: eligible elector’s county identification number (ie: Douglas County Identifier is 18), last name, first name, middle name, mailing address, city, state, zip, parcel number, phone number, if available, and voter identification number.

Q. Publish and post any required legal notices for the Jurisdiction’s ballot content, other

than the notice required by § 1-5-205, C.R.S. A copy of such published legal notice shall be submitted to the Douglas County Recording Department for its records.

R. Provide standby support on Election Day via telephone from 7:00 am until the polls have closed. Designated contact person for Jurisdiction must be provided upon execution of this Agreement. Emergency contact information must also be provided for this purpose.

S. Notify the Officer within 24 hours of the completion of the final ballot tabulation whether a

recount is required or desired. The Jurisdiction shall reimburse the County for the full cost of the recount. If other Jurisdictions are included in the recount, the cost will be pro-rated among the participating Jurisdictions as per § 1-10.5-101, C.R.S. Refer to SOS Rule 10.9.5 for districts in more than one County.

T. Within thirty (30) days from the date of receipt of such invoice, the Jurisdiction shall remit

total payment to the County.

U. Pay any additional or unique election costs resulting from Jurisdiction delays, mistakes, recounts, and/or special preparations or cancellations relating to the Jurisdiction’s participation in the coordinated election. Charges are $1.00 per registered voter, with a minimum charge of $1,000, not including publication cost, excess linear ballot column inches cost, and TABOR Notice costs with a minimum charge of $500 (if applicable). Illustrative Estimated Cost Table:

Current Registration Total

(Active & Inactive)

% of Total Participants Registration

TABOR registered

Voters

TABOR % of total

Registration

Current Registration

Total X $1.00

OR $1k minimum, whichever is greater

AND $2k ea. add. column

inch over 4

TABOR Notice

Cost x % registration

or $500 minimum

Public Notice Divided

equally by participating

entities

Requested Report Fees

($25/report)

Estimated Minimum Cost

43,000 17.38% 21,000 46.5% $64,500 $0.00 $6,000 $13,953.49 $15.00 $50.00 $ 84,518.49

98,000 39.62% 45,000 99.67% $147,000 $0.00 $2,000 $29,900.33 $15.00 $50.00 $178,965.33

7,500 3.03% 0 0.00 $11,250 $0.00 $0 $0.00 $15.00 $25.00 $ 11,290.00

300 0.12% 150 0.33% $450 $1,000 $0 $500.00 $15.00 $25.00 $ 1,990.00

For illustrative estimate cost only: TABOR Notice Cost: $30,000 Public Notice Cost: $60

39


SECTION III.CANCELLATION OF ELECTIONS

3.01 CANCELLATION OF ELECTION BY THE JURISDICTION.

In the event that the Jurisdiction resolves not to hold the election, notice of shall be provided to the Officer immediately. The Jurisdiction shall be liable for the full actual costs of the activities of the Officer relating to the election incurred both before and after the Officer’s receipt of such notice. The Jurisdiction shall provide and post notice by publication as defined in the Code. In the event that the Jurisdiction resolves not to hold the election after the last day for the DEO to certify the ballot order and content to the Officer, the text provided by the Jurisdiction cannot be removed from the ballot and/or the Ballot Issue Notice (TABOR Notice).

SECTION IV. MISCELLANEOUS

4.01 NOTICES.

Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: (1) three days after they have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; 3) or by email to the address of a Party as set forth below or to such Party or addresses as may hereafter be designated in writing:

To County: Merlin Klotz Douglas County Clerk and Recorder Elections Department 125 Stephanie Place Castle Rock, Colorado 80104 Fax: 720-733-6977 Email: [email protected]

To Jurisdiction: (Enter Contact and address information)

Fax:

4.02 TERM OF AGREEMENT.

The term of this Agreement shall continue until all statutory requirements concerning the conduct of the coordinated election and the creation, printing, and distribution of the TABOR Notice, if needed, are fulfilled.

4.03 AMENDMENT. This Agreement may be amended only in writing, and following the same formality as the execution of the initial Agreement.

4.04 INTEGRATION.

40


The Parties acknowledge that this Agreement constitutes the sole Agreement between them relating to the subject matter hereof and that no Party is relying upon any oral representation made by another Party or employee, agent or officer of that Party.

4.05 CONFLICT OF AGREEMENT WITH LAW, IMPAIRMENT. In the event that any provision in this Agreement conflicts with the Code or other statute, this Agreement shall be modified to conform to such law. No resolution of either party to this Agreement shall impair the rights of the CEO or the Jurisdiction hereunder without the consent of the other party to this Agreement.

4.06 TIME OF ESSENCE. Time is of the essence for this Agreement. The time requirements of the Code shall apply to completion of the tasks required by this Agreement. Failure to comply with the terms of this Agreement and/or the deadlines or the Code may result in consequences up to and including termination of this Agreement.

4.07 GOOD FAITH. The parties shall implement this Agreement in good faith, including acting in good faith in all matters that require joint or general action.

4.08 NO WAIVER OF GOVERNMENTAL IMMUNITY ACT.

The Parties hereto understand and agree that they, their 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 Jurisdiction. To the extent the CGIA imposes varying obligations or contains different waivers for cities and counties, both the Jurisdiction and the County agree that they 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.

4.09 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 Jurisdiction, 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.

(remainder of page intentionally blank)

41


IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the latest date noted below.

THE BOARD OF COUNTY

COMMISSIONERS OF THE COUNTY OF DOUGLAS, COLORADO (Board signature required only if coordination cost will exceed $25,000)

COORDINATED ELECTION OFFICIAL:

By Board of County Commissioners

Chairperson By Clerk and Recorder

Date Date

Attest Deputy Clerk to the Board APPROVED AS TO FISCAL CONTENT: APPROVED AS TO LEGAL FORM: Director of Finance County Attorney

By:

Jurisdiction Signatures:

By:

Title: Title: Date: Date: Attest

Title:

42

Address Library Report Verification Form

JURISDICTION NAME: ______________________________ The address ranges identified on the Address Library Report included in this packet represent all current addresses within your Jurisdiction according to our Voter Registration System address report. The Douglas County Elections Office only maintains residential addresses – not business or commercial addresses. We are sending you the Address Library Report to confirm that the address ranges are complete and accurate. These addresses will be used to identify eligible electors within the Jurisdiction. It is the Jurisdiction’s responsibility to know all current addresses within its boundaries. Please verify that the Address Library Report includes all residential addresses within your Jurisdiction. If there is an error, please note it on the table below. If there are no errors, omissions, and/or corrections, it is still essential to sign, date, and return this form to the Douglas County Elections Office. Thank you! Enter information below:

Street Name Dir. Street Type

Low/High Range

Odd/ Even Zip Code Notes

Example Main E St. 101/603 E 80104

I , , have reviewed the attached Address Library

(Printed Name) (Title)

Report provided by the Douglas County Elections Office and certify it to be a true and accurate description of the address ranges defining the boundaries of the ______________________________ except for any errors, omissions, and/or exceptions noted. ___________________________________ __________________________ Signature Date

Jurisdiction Name

43

Annexations, Inclusions and/or Exclusions

JURISDICTION NAME: ______________________________ To ensure our office has the most current information, please complete section 1 or section 2 below, pertaining to annexations, inclusions, and/or exclusions for your Jurisdiction.

1. The following annexations, inclusions and/or exclusions were approved by the Jurisdiction since January 1 of the current year, and all supporting documents are attached. By signing below, I acknowledge and certify that the information is true and accurate.

___________________________________ __________________________ Signature Date

2. I acknowledge and certify there have been no annexations, inclusions, and/or exclusions to the Jurisdiction since January 1 of the current year. ___________________________________ __________________________ Signature Date

Elections Office Use Only: Date Received: __________ Contact Officer:__________________ Date Forwarded to Mapping Specialist:____________ To:__________________

44

TABOR NOTICE CERTIFICATION CONFIRMATION (If Applicable)

Douglas County, Colorado The TABOR Notice included with this form reflects the ballot issues/questions for the

Jurisdiction you represent. Please review this information and identify any necessary

corrections. We cannot begin printing the official TABOR Notice until we receive this

completed form. Approval or requested changes must be received by our office

within two (2) hours after the County has emailed the proof. This may require

availability outside of normal business hours. Complete and return this for via email to

the Douglas County Elections Contact Officer.

Approved ______

Approved with changes noted______

Jurisdiction Name____________________________

DEO Name ______________________________________

DEO Signature___________________________

Date:____________ Time:_____________

45

DOUGLAS COUNTY TABOR NOTICE AGREEMENT The Ballot Issue Notice (TABOR Notice) is the publication required by the Colorado State Constitution, Article X, Section 20, for ballot issues and/or ballot questions that call for increases in the tax rate or government debt. It is required that the County produce a mailed notice (TABOR Notice) concerning these ballot issues and/or ballot questions to the electors of the County and the Jurisdiction.

THE COUNTY SHALL PERFORM THE FOLLOWING TASKS IN RELATION TO THE TABOR NOTICE:

A. Determine the least cost method for mailing the TABOR Notice and determine the portion of such cost to be applied to the Jurisdiction.

B. Determine the ballot issue and/or ballot question number.

C. Place the ballot issue and/or ballot question notices received from Jurisdictions participating in the election in the proper order in the TABOR Notice.

D. Mail a TABOR Notice to each address of any registered electors as required by law.

E. Refer calls concerning the substance of the ballot issues and ballot questions or the operations of the Jurisdiction to the designated contact for the Jurisdiction.

THE JURISDICTION SHALL PERFORM THE FOLLOWING TASKS IN RELATION TO THE TABOR NOTICE:

A. Perform such acts as may be required by law including circulation, approval, review, and all other activities, relating to any petition that may concern the Jurisdiction. The DEO shall interact with any Jurisdiction petition representatives, including but not limited to, working to ensure that the County Contact Officer receives the summary of written comments within the time required by law.

B. Determine the ballot title and text within restrictions described by the County in the IGA.

C. Include, within its TABOR Notice, ballot titles in this format: "NOTICE OF ELECTION TO INCREASE TAXES/TO INCREASE DEBT/ON A CITIZEN PETITION/ON A REFERRED MEASURE." See Sample TABOR Notice included in this packet.

D. Prepare the text of the TABOR Notice. See Sample TABOR Notice included in this packet for use as a template. The TABOR Notice shall include any Jurisdiction voter-approved additions, and:

a. The election date, hours, and local Jurisdiction contact name, office address and telephone number.

b. Ballot title, ballot text and written comments. c. Fiscal information to be included in the TABOR Notice.

E. Accept and summarize the filed comments in favor of and in opposition to the ballot issues and/or questions received from the eligible electors of the Jurisdiction and the public, as required for use in the TABOR Notice.

F. Provide the certified content of the Jurisdiction's completed TABOR Notice to the Douglas County Elections Contact Officer as a plain text file via email.

G. Proofread the layout and the text of the Jurisdiction’s portion of the official TABOR notice and provide written notice (electronic format) of acceptance before the printing of the ballots. Approval or requested changes must be received within two (2) hours

46

after the Douglas County Elections Officer has emailed the draft. This may require availability outside of normal business hours, and no changes will be made after acceptance is given to the Officer. If the deadline is not met, the Officer will consider the proof final “as is”. A penalty for delay or rework of the ballot or TABOR notice will result in an additional fee to the Jurisdiction for all associated correction costs. This submission may not be changed by the Jurisdiction without written approval from the Douglas County Elections Officer and shall be requested no later than the 42nd day before the election.

H. Resolve, at the Jurisdiction’s expense, any and all challenges pertaining to TABOR Notices certified to the County.

Jurisdiction County By By

Date Date

47

CONTACT AND PARTICIPANT INFORMATION LIST COORDINATED ELECTION, NOVEMBER 5, 2019 Please enter your Jurisdiction’s information: Designated Election Official:

(Jurisdiction Name)

(DEO Name)

(Mailing Address)

(City, State, Zip)

(Email Address)

Phone:_____________________Fax: Represented by:

(Attorney/Law Firm)

(Mailing Address)

(City, State, Zip)

(Email Address)

Phone: _____________________Fax:

Per the Intergovernmental Agreement, please indicate the Jurisdiction representative(s) that will participate in the following: 1. Election Day Telephone Support for Inquiries (7:00 am – 7:00 pm) Name: Phone: Email Address: _____________________________________________________________

2. Logic and Accuracy Test Name: Phone: Email Address: _____________________________________________________________ Logic and Accuracy Test – Alternate Date Name: Phone: Email Address: _____________________________________________________________

48

3. Canvass Board Meeting Name: Phone: Email Address: _____________________________________________________________ Canvass Board Meeting – Alternate Date Name: Phone: Email Address: _____________________________________________________________ 4. Ballot Counting Observation (Maximum of two observers per Jurisdiction) Name: Phone: Email Address: _____________________________________________________________

Name: Phone: Email Address: _____________________________________________________________

49

Douglas County Coordinated Election Official: Merlin Klotz, Clerk and Recorder (Name)

301 Wilcox Street, PO Box 1360

(Mailing Address)

Castle Rock, CO 80104 (City, State, Zip)

[email protected] (Email Address)

Phone: 303-663-7364 Fax: 720-733-6977 Douglas County Contact Officer: Tyler Dean, Elections Operations Manager

(Name)

125 Stephanie Place (Mailing Address)



Phone: (303) 663-7651 Fax: (720) 733-6977

Douglas County Interim Deputy of Elections: Codie Winslow (Name)

125 Stephanie Place (Mailing Address)



Phone: (303) 663-7651 Fax: (720) 733-6977

Douglas County Senior Asst. Attorney: Christopher Pratt (Attorney/Law Firm)

100 Third Street (Mailing Address)



Phone: (303) 660-7321

50

1

Important Dates Coordinated Election – Tuesday, November 5, 2019

Event Date

Last day to take formal action to participate in the 2019 Coordinated Election and notify County Clerk in writing (-100 days)

July 26

Last day for DEO to provide a legal description, signed District Boundary Map and Address Library Report, identifying all street ranges for street addresses within the district or proposed district (-90 days)

August 27

Last day to return signed IGA to Elections Contact Officer (-70)

August 27

Last day for coordinating entities to certifies ballot content to Elections Office Contact Officer (-60)

September 6

SOS certifies state ballot content to C&R September 9

Uniformed and Overseas Citizens ballots mailed (-45)

September 21

TABOR Notice Language and summarized Pro/Con & Fiscal Impact Statement due to Elections Office Contact Officer (-43)

September 23

Public Logic & Accuracy Test September 25, 9 a.m. – 12 p.m.

Public Logic & Accuracy Test – Alternate Date September 26, 9 a.m. – 12 p.m.

Ballots mailed to voters (-22) October 15

Ballot Drop Off boxes open (-22) October 15 - November 5 All boxes close November 5 at 7 p.m.

Last day voter can request our office mail a ballot (-8)

October 28

Voter Service and Polling Centers open (-8) October 28 – November 4, Mon - Fri, 8 a.m. - 5 p.m. Sat, November 2, 9 a.m. - 1 p.m. Tues, November 5, 7 a.m. – 7 p.m.

51

2

Election Day November 5, 7 a.m. – 7 p.m.

Risk Limiting Audit (+11) November 16 & 17, 9 a.m. – 5 p.m.

Canvass Board meeting and Final Certification of Election

November 19, 9 a.m. – noon

Alternate Canvass Board meeting and Final Certification of Election

November 20, 9 a.m. – noon

Final Certification of Election deadline November 29

52

Intergovernmental Agreement (IGA) Checklist

Page 1 of 2

□ 100 days prior o Provide in writing to the County Clerk and Recorder notice of intent to

coordinate. C.R.S. § 1-7-116(1), (2) & (5)

□ 90 days prior o Receive and Review IGA & Address Library Report and District Boundary Map

from the County Clerk and Recorder.

□ 70 days prior o Complete the IGA which includes the following items:

Contact & Participant Information List Address Library Report or District Boundary Map Verification Form Acknowledgement and Certification of Annexations, Inclusions, and/or

Exclusions Form to the Jurisdiction with all supporting documents OR acknowledge and certify that they are no such annexations, inclusions, and/or exclusions.

A copy of the Ordinance and/or Resolution to participate in Coordinated Election

Return all original pages of completed and signed documents via USPS mail, copies via FAX (303-733-6977), or EMAIL ([email protected])

o For PROPOSED DISTRICTS: Provide certified legal description, map, and street listing (including street

ranges) prior to and no later than the 70th day before the election

□ Notify County Contact Officer if Jurisdiction is shared by other counties (Refer to Secretary of State Rule 6.2)

□ 60 days prior o Certify candidates, ballot issues and/or ballot questions to County Contact

Officer in electronic format. C.R.S 1-5-203(3), o Acceptable electronic formats include:

Plain text (or word) files: (.txt, .doc, .docx) with no formatting NO bold, italic, underline, bullets, numbering, tables, strikethrough or

indentations, etc. Instructional text accepted include: Vote for no more than two, Vote for

one, Vote Yes or No. Please Note: You may include term length (ex: Four-year term)

Provide phonetic pronunciation of candidate name(s): Call 303-663-6279 and leave a message with the candidate name,

Jurisdiction and title of office For elections where property owners are eligible electors:

o Request property owner list from Assessor’s office and verify eligible electors o Request a supplemental list no later than 60 days prior to Election Day and

provide the County Contact Officer with any additional eligible electors from the Douglas County Assessor. Contact the Assessor’s Office at (303)-660-7450 for more information

Lists of more than 10,000 entries must be manually compiled and charges may be associated

□ Proofread ballot layout and text for Jurisdiction’s portion of the official ballot

53

Intergovernmental Agreement (IGA) Checklist

Page 2 of 2

o Forward to the County Contact Officer the written and signed letter of acknowledgement via email within two (2) hours. After hours availability may be needed to ensure timely response.

□ Logic and Accuracy Test (LAT) o Refer to Secretary of State Elections Calendar for date/time/location

o Pick up test deck of ballots (day before LAT) and follow marking instructions provided

□ 50 days prior– For elections where property owners are eligible electors: o DEO shall request a supplemental list and provide the County Contact Officer

with any additional valid and qualified voters not present in the initial list. Provide the list in the following format:

Excel format only One eligible elector’s name per line. Each line shall consist of the

following separated fields: eligible elector’s county identification number (ie: Douglas County Identifier is 18), last name, first name, middle name, mailing address, city, state, zip, parcel number, phone number, if available

Only REGISTERED voters in State of Colorado, residing outside of jurisdiction

Refer to Section 2.02(X) of IGA o Contact the Douglas County Assessor’s Office at (303)-660-7450 for more

information

□ 45 days prior o Last day for DEO to receive Pro/Con Statements for TABOR issues. Note:

Refer to Sample TABOR Notice for Coordinating Jurisdiction for layout

□ 43 days prior o Last day for DEO to deliver full text of any required ballot issues or ballot

questions and all summarized pro/con statements to the county clerk. Receive and proof TABOR layout and text for Jurisdiction’s portion of the TABOR Notice and submit TABOR Notice Acceptance Form within two (2) hours of receipt. After hours availability may be needed to ensure timely response.

o Last statutory date to submit the valid and qualified property owner list to the CEO if applicable.

□ Election Day o Provide telephone support for Jurisdiction 7:00 a.m. - 7:00 p.m. o Must be available throughout the day if needed by County Contact Officer

□ Post-Election Day Activities o Notify County Contact Officer within 24 hours of completion of final ballot

tabulation if a recount is required o Attend Canvass Board meeting o Refer to Secretary of State Elections Calendar for date/time/location. Remit

payment within 30 days of receipt of billing invoice

54

SAMPLE TABOR NOTICE FOR COORDINATING JURISDICTIONS (May be used as a template by Jurisdiction)

ALL REGISTERED VOTERS

NOTICE OF ELECTION TO INCREASE TAXES/TO INCREASE DEBT/ON A CITIZEN PETITION/ON A REFERRED MEASURE (Select categories that apply)

ENTER JURSIDICTION NAME HERE

Election Date: November 5, 2019 Election Hours: 7:00 A.M. to 7:00 P.M. Local Election (DEO) Office Address and Telephone Number:

(Insert) Local Election (DEO) Office Address: (Insert) Local Election (DEO) Contact Person:

(Insert) Local Election (DEO) Office Telephone Number: Ballot Title and Text: Ballot Issue and/or Ballot Questions title and text

See Article 10, Sec. 20 – Colorado State Constitution (TEXT MUST BE WRITTEN IN ALL CAPS)

Fiscal Information: Fiscal Year Fiscal Year Spending 2016 (Actual) $ 2017 (Actual) $ 2018 (Actual) $ 2019 (Estimated) $ Overall Percentage Change in Fiscal Year Spending % Overall Dollar Change in Fiscal Year Spending $ Estimated first full fiscal year maximum dollar amount of increase: $ Estimated fist full fiscal year spending without the increase: $ Summary of Written Comments FOR:

See C.R.S. 1-7-903 - OR - “No comments were filed by the constitutional deadline” Summary of Written Comments AGAINST:

See C.R.S. 1-7-903 - OR - “No comments were filed by the constitutional deadline”

55




From: Linda Michow, City Attorney


Item: General Business - Motion Awarding Michael Penny a One-Time Bonus in Recognition of HisDiligent Efforts to Move the City Forward in a Positive Direction

Policy Question: Does City Council support its previous direction to approve a one-time bonus in the amount of ten thousand dollars to Michael Penny?

Background: The City Council appointed Michael Penny as the City Manager on May 1, 2018. Mr. Penny’s employment agreement requires the City Council to annually review Mr. Penny’s performance. City Council completed its annual review of Mr. Penny, which included substantive input from City staff and community representatives. Overall, Mr. Penny has performed above expectations. To that end, the City Council desires to acknowledge Mr. Penny’s performance through a one-time bonus in the amount of ten thousand dollars.

Staff Recommendation: Any decision regarding terms of employment and compensation of the City Manager rests exclusively in the discretion of the City Council.

Proposed Motion: I MOVE TO AWARD MICHAEL PENNY A ONE-TIME BONUS IN THE AMOUNT OF TEN THOUSAND DOLLARS IN RECOGNITION OF HIS DILIGENT EFFORTS TO MOVE THE CITY FORWARD IN A POSITIVE DIRECTION BY ESTABLISHING COOPERATIVE COMMUNITY AND INTERGOVERNMENTAL RELATIONSHIPS, IMPLEMENTING THE CITY’S VISION FOR A HEALTHY AND VIBRANT COMMUNITY AND ADOPTING INNOVATIVE APPROACHES TO OVERCOME OBSTACLES.

56

City of Castle Pines, Colorado...Deborah Mulvey District 2 Gregg Fisher Ben Price District 3 Tracy...

Documents

Transcript of City of Castle Pines, Colorado...Deborah Mulvey District 2 Gregg Fisher Ben Price District 3 Tracy...