March 22, 2023 Study Session
Transcript
Describer:
Study Session Agenda
Wednesday, March 22, 2023, at 5:30 p.m.
7404 Yorkshire Drive, Castle Pines, CO 80108
I. Call study session to order.
II. Presentation of Parks and Trails and Open Space IGA in consideration of a final vote at the March 27th board meeting. Kim Seter presenting. City of Castle Pines Manager, & CPNMD District Manager present and available for
questions.
III. Board comments, questions, suggestions.
IV. Adjourn.
Board President Chuck Lowen:
All right. We are going to call this, study session to order, for the Castle Pines North Metro District. Wednesday, March 22nd at, 5:40 p.m.. give or take. So the meeting is called to order, and, we are going to present the Parks and Trails Open Space IGA. I think, Mr. Seter, would you be comfortable in starting the conversation.
Yeah, your microphone's off.
Legal Counsel Kim Seter, Esq.:
Testing. Okay. There you go. I placed in front of you when I came in a memo. That is a very high level look at the IGA that you also have a copy of. It is not in the same order. So I tried to put this in chronological order so that it's easier to think about and easier to talk about, but everything in here came out of the draft document that you also have in front of you.
So I'll go through this at a high level. And then if you have questions, we can come back and focus on different sections of the actual agreement if you want to do that. So first of all, I talked about the interim funding and operations of the district owned parks. By interim, I mean between now and the time that we turn the the property over to the city.
So funding and completion of the budgeted park improvements is the next topic. So shortly after March 31st, funds that we have set aside and called budgeted, budgeted park improvement funds totaling about $3,130,000 will go to the city. The list of what those were budgeted for currently follows that item number one. So it's $897,000 for the pickle ball courts, $1,000,250 for the skate park, $850 for the tennis courts, $33,000 for concrete repair and replacement, and $100,000 for trail additions.
Once that those funds have been transferred, the city will complete the design, siting, planning and construction of the pickle ball courts, the skate park, and the tennis courts. A little caveat since we haven't really gone anywhere with the skate park yet. It's not even cited. They will take over that entire process and determine where it's going to be and when it's going to be constructed.
But those funds will remain for the skate park, at least through this, this coming year. And the funds will all be used within the district. So if the skate park is not built for any reason, which could happen through the public process, the skate park funds would still be spent within the district on the other park and recreation facilities.
So then we have once that's that's covered, we now have the ongoing operations of the parks. So on or shortly after March 31st, the district will also transfer to the city the remaining balance of the district's parks operations mill levy. So that's 12 mils from 2022. And that'll be less the outstanding bills that we owe from 2022, which we don't know what that is, but we're guessing $650,000.
The district will also transfer any 2023 receipts from the Parks and Operations mill levy revenue and the Conservation Trust Fund revenues. The district will then continue to impose its 12 mills for parks and transfer those funds less costs that have to be paid to the treasurer to the city as they come in. So, in essence, what we're doing is taking all of the operation portion of the mill levy and what we would have used to fix the parks and to work on the parks.
Moving it over to the city. The city then assumes all responsibility for the operations, maintenance, repairs, and further construction within and of the parks and in the properties. The next section is the city parks, mill levy and the conveyance of the properties. So the city will then go out and attempt to get its own mill levy, which would replace our mill levy.
They'll do that in 2023 and or 2024. We have nothing in the agreement about what mill levy they have to go get for themselves. It might be less than ours, might be more. It doesn't matter. It's up to them. They'll be taking care of the parks and the park properties once they get their mill levy approved. The the,
The district will permanently reduce its mill levy authorization to seven. It doesn't mean we will impose seven, but we will reduce it to seven. The district will stop assessing the 12 mills paid to the city for parks and operations. And then on or before December 31st of the year of approval, the district will convey all parks property to the city.
The district will retain appropriate easement and fee ownerships for the water and sanitation operations. And the district will retain or receive new properties for additional ones for future well sites which you may require was was something that Parker Water was looking for. So we're preserving that ability. And then finally park related vehicles, equipment and personal property are then conveyed to the city.
At that point, the city has its own funding source. It has the properties, it has the equipment. And we are out of the parks business as part of the IGA. The personnel will be hired from here to there. I know that you wanted us to get some guarantees of, a tenure, but that's just not possible under the city's personnel system.
So, our parks director will be hired by the city, and then he'll be subject to whatever the city's personnel policies are. And then finally, the the remedies in the agreement, in the agreement have changed a lot from the very first draft. Basically they are if the city isn't taking care of the parks, we can take them back.
If we aren't paying them the money during that interim period, they can stop doing the maintenance. So kept that very simple. There's one other issue in the agreement that we have to work out, but it's not going to be something contentious. It just has to do with when and how we terminate our 12 mill levy because as we've talked about before, we have that budget calendar that we have to go through every year.
So we have to know by a certain point in time that being December 10th, whether or not we're assessing the mill levy for the following year. So we'll figure that out tomorrow. So there will be one other change in this agreement on Monday that will address that. But other than that, that's what's in the agreement.
Chuck:
Michael, would you like to add to this before we, entertain questions?
Michael Penny, Castle Pines City Manager,
No, I think, your attorney did a great job, highlighting it, a, I, I could be incorrect, but I, just a couple of clarifications, and I think the number for the remaining balance of the district part operations is actually $4.296 million. The $650 had already been removed and correct. Yeah. So the so on on page 2.B1a that $3,283,574 is actually $4,296,205.
Minor issue there. On page two of, Kim's, B ongoing maintenance and operations. Yep. B1a where he's got the remaining balance of the district park operation. Mill levy. It's that number again. Should be $4,296,205. And that already has the $650 removed. Just wanted to let, council or council. Sorry. The board know.
There's have it for you. It is the intent of the city to go in 2023. It does say and or it's really only 24. For some reason The voters don't say yes in 2023, but it's our, council's full intent to do that.
Chuck:
That's, article six, paragraph A of the agreement.
Michael:
Sure. Will work.
Sorry. I'm working from, well, at the attorneys.
Chuck:
I'm just saying for for our application, if you look at page nine under article six, paragraph a, about, city voter authorization, and I had a question, about the November 23rd and or November 24th. So you're saying that we can scratch November 24th?
Michael:
Well, we have it in there because we want the agreement to continue into 24.
If for some reason the voters don't say yes in 2023. Okay. Right. So it's basically a two year agreement. I think if you think of it that way, we're going this year. He's got an and or in there because of the if we're not successful I gotcha. Hopefully we will be successful.
Michael:
Now will you will you hold the vote in 23.
Correct. Yep. November of 23. The the there will be a general improvement district created around the boundary of the metro district, which will allow the city then to ask a specific question. And the property owners and I anticipate that it will be for the full 12 mills. And not not less thereof. And then, what your general manager and I had talked about regarding on the personnel side is that if there is a desire by the board to keep him whole, and if what in whatever delta the city's pay scale is, if you know that it will be up to you guys, any kind of severance or bonus or anything that will make him
whole and in that situation. And it's my understanding there's been discussions with him. He understands our personnel structure and policy were in PERA as well, which I think is I probably shouldn't speak for him, but I think he's comfortable coming over and working, for us under under the condition that we identified in here.
District Manager Nathan Travis:
Yeah, I can I can confirm that David's not here because he scurried off and took a vacation.
How dare he? but yeah, we've had we've had a lot of conversations. I know he's had conversations with Larry. It's been ongoing back and forth. So he's fully aware of how it's going to move forward and he's comfortable with it.
Chuck:
So from an HR standpoint, we need to have another conversation with, David on, making of the difference between the city responsibility and, yeah.
Nathan:
Not correct. That would be a board decision. However, you guys decide to handle whatever, whatever gap there may be, it would be a decision, you guys, but it's separate and not separate. And outside of this agreement. Good.
Michael:
Yeah, yeah. And I would say we don't have a salary range yet, so it's got to it's going to have to be something that's a little bit later down the road.
So okay I guess be able to handle that. And I think other than that I'm happy to answer any questions. But I think again, your attorney did a great job just outlining the high level.
Chuck:
Well, I'm always slow at math, so walk me through, the mill levy process. We right now, we're collecting 19 mills total.
Kim:
We are right now authorized to collect 19. Okay, we're collecting 15.79. 12 of that has been determined to be necessary or to be used for the parks. So there is no specific park mill levy. But that's what we've determined is what we use on the parks.
So in this agreement, we will be levying 12 mills, which in our budget will be for the parks. And then the remainder will be for the district's operations. At the time that the city takes over, the properties will eliminate the 12. And then, of course, we would still have seven left over under our authorization. We'll keep that, but you'll probably still be levying something less than that.
Michael:
If I may. So the 12 and the seven is really reflective of maintaining Parker water and sand as an option. Right. So if you remember when the inclusion was moving forward, they said seven mills because they have six mills for debt service and one mill for O&M. And what neither party wants to be in a situation of is going to the voters and actually having to ask for a mill levy increase.
And so the 12 is really based upon the seven being retained by the metro district, so that you have that as an option because of, so put a period on that. The reason that I believe and this guys can correct me if they think differently, you're going to have to you're going to have to reduce the mill levy
because when you give away the parks costs, you now, are you now are retained with two enterprise funds and Tabor only allows you to collect up to 10% non fee revenue from that. So the revenue projected and that's part of where that 650 comes from is you've got that you that you're retaining out of the general fund is $650,000.
And that is taking the the anticipated 4.2 million revenue from the water fund. So 10% of that is $420,000. And then you've got, 2.3 million in rough numbers anticipated being collected from the sanitary. So 10% of that is 230. Add those two together. That's $650,000. So if you fast forward into 2024 you will have to to to meet Tabor requirement.
You will have to based on what your general manager tells you. The assessment. The assessed value is lower that seven down to whatever matches the 10% for your water and sanitary sewer revenues. And that's probably going to be three something four based on current numbers.
Nathan:
Yeah, with our current with our current revenue. So at our rates and fees are at now the absolute most we could take would be four and a half.
And that'd be putting us in a position where we, like, are right at that 10% mark. So the the safe number for our current revenues would be four. And then obviously that can get adjusted as we do rates and fee studies. But it would we we'd never really get anywhere close to touching that, that seven. It and like I said, it's really just what's important for not only in conclusion with Parker but really any include you and partner maintaining that.
And so it's one of those things I think one of the, one of the concerns that the a few members of the board have brought up over time is really making sure that we keep the funds that we are currently collecting in place. And so even though at our reduced mill levy or voluntary reduction, and so even with maintaining that available seven, we're going to be put in a position where we couldn't collect that even if we wanted to because we'd violate Tabor law.
And so it accomplishes the goal of making sure that we're not collecting any more than we are now, and then making sure that parks, trails, open space is fully funded as well.
Board Member Director Tera Radloff:
And we're talking about an authorization work authorized. Right. And, that seems like it's, to the best of my recollection, kind of industry standard. isn't like Parker is also 19 and somebody else's is 19.
Michael:
Within the city, our other metro districts all have 19 mills for, but they don't do water and sanitary. Right. They're just using the 19 mills for parks, open space and trails. So I mean, I from from a from my perspective, I won't speak on behalf of the council. I think if, if we were actually truly divvying up what is being used for water and sanitary, we would take the actual parks as a component of the 19 would be closer to 15 point X, because, as Nathan just pointed out, you can't ever take more than that 10%, so you would never be able to utilize those funds.
And and so if you go back in history since 1980, whatever, when this was created, the district has been collecting those 19 mills always been limited on how much the property tax and subsidize those two don't know if that's the right term, but subsidize the water and sanitary. Therefore, all the rest of the mills and revenue has always been used for parks, rec and open space.
And of course, stormwater was a separate enterprise fund as well. So maybe some of it went over there. But but, but we're, we're we want to have the greatest flexibility. And as I said a moment ago, not put either party in a situation of asking for a tax increase because the net result, when we're when all is said and done, is there's no increase in taxation taxes for the metro district voters, and we will provide, the, you know, the highest and best service that we can under a 12 mill situation.
Board Member Director Chris Lewis:
So so thanks for that. Yeah. Nathan. I don't have my notes from last month, but last month was it where we transfer in on the parks 12. And I thought you were you for administration was more like four something that you wanted to keep.
Nathan:
Correct. Yeah. And so that was looking at that, that four is that maximum amount that we could take in.
And so that's just something that's changed in the past month. Well, we've really talked through this. So as Michael and I went through those discussions and we got back further into the Parker IGA documents, looking at other mill levies that are around and trying to keep all of our revenue sources as open as we can, that got shifted.
So it was a four whatever it was, 415 split. But is what we were talking about before, and then that shifted to a 712.
Chris:
So tell me again, well, last month, what was the split.
Nathan:
Last time? We were the last time we met. We were looking at four and 15, making me do simple math in my head,
Chris:
Four & 15, right, for the parks,
Nathan:
4 mills for us and 15 for parks, trails and open spaces.
Is what we were looking at
Chris:
That's based on the overall 19, based on our budget that we have done for the last two years, what has it been? What is it allocated for the parks?
Nathan:
But so historically, all of it's been the whatever we've collected has been allocated for the parks of the 15.7, whatever has been before we reduced it, the full 19 went into parks, trails and open space.
Chris:
Okay, I guess I'm not clear.
Kim:
So Chris so we were talking about last month was 4 and close to 12. And the reason for that was because we were talking about the temporary mill levy reduced right number. So during the the more recent discussions it was realized that that seven mills is necessary to keep Parker in the in the hunt.
If we're doing if we're able to do that, but we still, as Mr. Penny said, we aren't going to be able to collect anywhere near the seven mills because we have to do temporary mill levy reductions into the future in order to avoid violating Tabor. So it's going to be much it's going to well, I haven't done the numbers, but as Nate said, probably three and a half, something like that.
Three even.
Chris:
Okay, so our budget that we did this year is based on four and two or somewhere around here close to that
Kim:
Basically. Yeah. 15.79.
Chris:
The total total 15.79. But my glasses on. okay. So the reason I'm asking it this way is and I understand what you're saying, Mr. Penny, and that's okay. I'm. I don't have a problem with the ceiling being where it is, but for the budget purposes and what we have approved, that means we can only transfer up to we've budgeted at 15.79.
And I just say right, which means if you if we transfer it for the parks 12, then from a budgeted perspective that to me that's 3.79. Is that right.
Nathan:
Yeah. So when we looked at the general fund transfer, it's not going to directly correlate with the number of mills each state each district takes. So we pulled that $650,000 is the maximum that we can take from the general fund.
So it doesn't it doesn't directly correlate to the mill levies that we're going to we're going to take. So we'll give parks trails, we'll give the city the basically the balance that we have in the general fund, whatever is up to 15.79. No, no, we can't. So up to, up to whatever. It's it's just a straight dollar amount.
So we can't we can't retain more than $650,000. And so the balance of that has to go to the city that's not attached to the mill levy at all. It also includes capital and stored funds and all of that.
Michael:
I have another way to say it that might help you. The mill levy split, if you will, is for future years.
The dollar amounts that we read off are just pure dollar amounts saying, as Nathan just said, you guys can only keep 650 for that. Everything else goes to the city. So that's what those numbers reflect, that
Chris:
of what we budgeted,
Tera:
of what we've collected,
Michael:
of what you've collected, has nothing to do with what you budgeted it. It has to do with how much, because, right you are in this IGA.
You're giving up Parks and Rec. So so your your budget, other than the commitment on the I think it was for capital components, maybe it was five. Whatever the number is, those we called out separately because they're an important component for all of you to see finished. But everything else is just a pure cash transfer. As Nathan just said, open up your checking account.
How much you got in there? Subtract out 650. You give all the rest of the city, and then in 2024, then that split occurs in 2024. So the mill levy, as Nathan said, has no relationship to this year at all.
Chris:
And then I guess next year we'll deal with that. But because that's a different project budget cycle anyways.
Michael:
Correct. Well, and and we'll have known because we'll have gone to the voters by then.
Chris:
Hopefully we get it approved by then.
Michael:
Correct. You got it. Thank you.
Chris:
I do have other questions. So I was going through this. I didn't see the enterprise fund that we're going to be transferring. I know it's coming out of our enterprise fund, but I didn't see the city it going into the City Enterprise Fund.
Nathan:
So none of this comes out of an enterprise fund. It comes it's going from a general fund to a general fund. The enterprise funds aren't aren't included in.
Chris:
All right. So the question then is for counsel because this is and you know where I'm going with this. Right. We wanted to make sure that whatever funds that we transfer was going to be protected, controlled, sanctioned off, whatever we want to call it, you know, up to only what we've allocated for.
Kim:
Yeah. The enterprise funds come into play in this stormwater agreement because there we have an enterprise is defined in Tabor as a government owned business. Parks don't fall into that category. But the city has general parks powers and we have general parks powers. So through the agreement, they're agreeing to use that money to take care of the items you've budgeted for.
So that'll be all done. And then they're taking over all the parks in exchange for that interim mill levy and no enterprise fund with regard to that.
Michael:
And what what we will correct on our on the city side, what we will do is we will create what we call a restricted fund that will have Castle Pines North Metro District.
All the money you give us will go into that fund. Any and all expenditures, including personnel, will come out of that fund. So any day of the week, any weekday. If you want to see here's where, here's where the metro district money went, it will all be separated from our general fund money. And we already have those funds set up for the North town.
North North Pine Vista metro district. The Shay Metro district will have it for the others. So we're just creating another one now because we're already doing it for these, for these others. And we call that a restricted fund because, as the attorney stated, it doesn't qualify under under Tabor as an enterprise fund. But that separation is is you can...
Chuck:
It sure sounds like an enterprise fund.
Michael:
Yeah. Yeah. It's it can't be used outside of the district without your authority.
Chris:
So, so from our perspective then there is no I know we've, there is a relationship here, but we can be assured that the money that's being transferred for parks and trails and open space, that's what it's going to be used for. And it can't be used for roads.
Michael:
Correct? Yep. Absolutely.
Tera:
Mr. Seter, it's in the agreement at least once, a couple times. We're several times. Yeah.
Chuck:
Okay. Well that helps Michael. Thank you. And, Kim I appreciated counsel. Any other questions? discussion.
Board Member Director Jason Blankaert:
Yeah, I have a question. You know, I'm all for this IGA, but I thought we weren't going to call out that the city had to do specific things with those funds.
They just had to be done in our district.
Nathan:
Yeah. The way that language, the way that language reads. And I don't have it. Do you have the section you're in?
Jason:
Yeah, that's section two C or I'm sorry, this section.
Yeah. Article two C yeah. So, you know, I've raised a lot of concerns about us forcing the city into doing the skate park, into forcing the city, the tennis courts, until the city has taken their opportunity to decide what the public actually wants
Nathan:
So that I, I can't find the language that is accounted for in here. So it does it does allow for them to not build the facility if through the through their public, their process, which includes reaching out to the public, doing all of that establishment, it requires that those funds be used inside of our bounds multiple times in the agreement, but it does allow them the, the leniency to go
through their full diligence process before they make that decision.
Tera:
And I believe it's set in there that if it's not used for a skate park, that basically those funds will be used still within the park boundaries. And then also just want to clarify, like with the restricted fund, it's only parks. It's only, as it's defined in here, the parks trails, open space within the current district boundaries.
There is absolutely no way that any of that money could be used for anything else, like roads or any other. It's a restricted fund and it's restricted, within the boundaries, within our current boundaries.
Kim:
And that's that's correct. And, Jason, the language that Nathan is referring to is in C2.
So any, the 3,130,000 which is the for page four, C number two, the 3,130,000 budgeted park improvements fund transfer to the city will be expended on the budgeted park improvements. So that's that list of items located within the existing boundaries of the district. Any excess budgeted park improvement funds will be used for capital and maintenance services within the district.
So if you go back to that, that list, there's a discussion of the skate park having not been commenced at all. Right. So the district, the city will, hold all of its public hearings and hear what everybody has to say about the skate park. That's not all of those improvements that the skate park has broken out separately.
If that doesn't go in into the district, then the remainder of the funds stay in this district for other purposes.
Jason:
Okay, I'll reread that.
Chuck:
Yeah, that if if we say this district, are we referring to all of the parks in this district,
Kim:
The Castle Pines Pines North District.
Chuck:
So, I mean, the funds could be used at another park, not necessarily.
Elk Ridge. Yes. All right. Coyote. Yes. Okay.
Tera:
District boundaries as it's defined today, which I think is an exhibit A. So that includes the parks that we have today. Coyote Ridge, Daniel Gate, retreat. That's ours. Right. Is that the three.
Kim:
Yeah. Or even some that's Daniels or even some lot that the city acquires. It'll just they will be spent in the district.
Tera:
Okay. In the district as our boundaries are defined.
Nathan:
Yeah. If you guys look behind you on the red map or on the map with the yellow that's got the red outline anywhere inside of there.
Chris:
Okay. So, so and I guess same topic, but I think in the document it said that you, the city is pursuing, school district parcel correct.
And having that close by end of April or something. Correct. Okay. So as of now you're still progressing along the same path of acquiring that property. And then, considering moving the skate park from where it got taken out of where it was fully approved to that location or another location that you guys.
Michael:
Oh, yeah. So so council passed, purchasing it on first reading.
Will do second reading, I guess tomorrow night or next Tuesday. Excuse me. And then we'll close within 30 to 45 days. We. If this IGA gets approved by both parties next week, the city can then through the Parks and rec board, start a public process that's identified in, Jason, this goes to your question, I think, as identified in in C-1 on page four, where it talks about that, the city agrees to complete the design, siting, planning and construction of pickle ball courts, skate park and tennis courts that have not been completed by the effective date in a timely manner, taking into account community input and the city's financial and construction constraint restraints, so that that
Implies that we would finalize what's going the skate park or the pickle ball courts Already pretty well done. So that one's pretty straightforward. I think I understand that there's draft concepts for the tennis courts that we would finish that I think there's a sighting in in Cody Ridge for that. So it's you know, that sounds relatively smooth. And then the big one, as we all know, is, getting community input on do they want it within this area.
Does all the residents here want to kick it over to the other side, etc., and let the public process kind of way out? And that it'll I'm sorry for referring to the skate park. I've been using all these words today and I'm just all they're all moving in and, and we're really going to have that conversation about multiple amenities within the community.
Skate park will be one of those, but there's a whole list that the Parks Board has in their Parks master plan that don't exist in the community right now. And so that covers that public process will include the skate park, but numerous others. Then you identify the list of all the things that we'd love to have in the community.
Then you start to figure out what's the best place to locate them within the totality of the city, in the in the piece. And obviously, as has been stated, if it's identified that the skate park is here, you guys have, through your 23 appropriation, got 1.25 million. We would use that funds here. If it goes somewhere else, then it's going to have to get mixed in within our general fund money, which is why taking into account community input, our financial and construction restraints.
So if that's broad enough language to not make you feel like you're mandating it, then. And if not, let us know before Monday. I think we're comfortable with it, but it's
Jason:
It's kind of what you just said was kind of an out there seeing if the city, doesn't have the financial, the financial, capacity to do a skate park someplace else because it would come out of the general fund and they would more than likely try and put it in the district where they have the 1.2 million to, to work with.
Michael:
I really believe that they're going to let the public, make that decision. I can't see the city council saying, hey, just because we have the money here, we're going to override the, if you allow me out of study session, the pitchforks. I can't see. I can't see that happening. It it more would become. All right, here's the the $10 million worth of wants we have at these other parks, because we want a we want a baseball field, we want another soccer field or whatever it is.
Right. And then it's a matter of of community input, parks board recommendation of the city council and ultimately the city council where does that skate park fall Within the priorities. And just trying to move money over there as they're doing gateways and roads and whatever else the council deems is appropriate on that particular year. So I don't see it becoming a it's easy over here.
It's how do we prioritize it within the totality of what the community wants outside of the district? And then, of course, there's going to be there's there's mill levies that are coming from those districts that are being transferred to the city that I was responding to. Chris' earlier question about those other restricted funds. So the council has those funds available if it gets built in that district,
Nathan:
And you can correct me if I'm wrong, but it a possible scenario is that a skate park does not get built at all.
And so as they go through their process on lands outside of our district and inside of our district, if they have a broad, sweeping, full community, there's no support for them to put it anywhere. Nobody really wants it. Then that 1.25 million would go toward, a new amenity inside of our district, and then the other funds would be used for whatever they get on their list.
So it doesn't mean that if they, you know, that there's the skate park that absolutely has to get built. We can't afford it outside of the district. So we're just going to shove it in here anyway. It is possible that they could come back and say, we're not going to use any of these funds to build the skate park.
That's all part of their process.
Michael:
And that's why that last. So thank you. That's the last sentence. It says any excess budget improvement park improvement funds will be used for capital maintenance within the district. So it's a catch all saying whatever doesn't happen, we're still committed to using to creating new capital and maintenance within the district. So all the funds going back to Chris' question, all the funds that come from the district, get re-invested in the district.
Chris:
So I just want to thank just clarify too. So that's the same for the tennis court. The tennis court hasn't been built. We haven't had any open sessions in the tennis courts. We designed it. So that would fall into the same category as as you guys go out the city, you know, after March 1st, April 1st, as we go out as a community and we say, oh, we want to finish it up now, maybe we need to throw up the tennis court because nobody may want that either.
Right? So I just wanted to make sure that yeah, no, it's not built. It's in the design process. Right. It's what we had targeted. It's up to now the new organizers plan to input it into your overall plan for the parks, for the whole of Castle Pines. And and we understand that and I certainly hope that everyone else listening online understands that too.
Chuck:
Okay. Kim, I, I think one last question. If I understand article six, Michael, you're thinking the city will, do a vote in November of 23. Possibly. That is correct. And, if that fails, we'll do it again in November of 24. That is correct. And then that goes to, counselor, your last paragraph on page three, where we need to establish a mill levy in December.
But that's going to be earlier than any taxes collected by the city. So we have to I guess my point is, keep that on the calendar, because the new council, district council will have to be alerted to that and understand why they're making that decision sooner than normal.
Kim:
Yeah. And we'll probably also have to do two budgets in August and October.
One assuming that the city's mill levy is passed and one assuming that it hasn't. And then on November 4th or six or whatever it is, we'll know and then we'll carry on and, certify the mill levy on December 10th, whichever budget is the right one.
Jason:
Staying with this, what happens if they don't get it approved in 24 either?
Tera:
Yeah, one of my questions, because I don't see that in here. And I was wondering if there needed to be another another thing underneath. I put it in here under section article eight word failures and it says, city fails to own. I wondered if there was a number seven that need to be in there, that in the event that they fail both times, then what?
Kim:
Yeah. In the initial draft, I think we had something that basically said we're just going to keep going, which is what what you had suggested. Somewhere along the way, that language dropped out. But what it says now is essentially we're going to keep going unless one of us quits. It doesn't have that language exactly, but that's what I'm assuming you guys are thinking to an end.
Either of us can quit. So, yes,
Michael:
It's a level of optimism.
Kim:
Yeah, it's it's very hard to see why this wouldn't pass because, remember, you know, hopefully this board will step in and tell the public, you know, if you approve this, we're dropping our mill levy. So no harm, no foul. Do it. It's good.
Michael:
And so the board knows we are we have engaged a consultant to do survey work with us, help with the messaging.
They're actually having, their first, focus group meeting tonight, and they're having another one, tomorrow night, actually, in this room. And then we'll start some survey work. So I think we'll have a very good feel. Well, in advance of November, of where the, where the, property owners are at. And we're optimistic, as you just heard, because it really is it's an it's a no net increase.
And as I think everyone in this room is familiar with this, these conversations have been going on since incorporation. And so this board and the city council are the ones finally checking that box that people have been allegedly at least waiting for, for since 2008. So, but we'll see. Right.
Chuck:
Michael. Thank you. Counselor, our next process, would be
Chris:
Can I ask a follow up questions about the challenges that so in the, the prior one and I didn't see it in here.
So I guess it's maybe out. And this is there was a part where we were talking about the assets transfer and then, let's just say we didn't get the the mill levy. We would we would transfer it back from the city to us. We corrected that. We're pretty much at the end of the process is where all the assets transfer.
Right? I couldn't see that in here where I was looking.
Kim:
Yeah, that's kind of the overall way this one is put together right. Thank you.
Chuck:
And you will fill out exhibit A eventually.
Kim:
Yes. We'll get all the exhibits added.
Tera:
Okay. So can I ask a couple of questions. The 897 for the pickle ball courts. So our pickle ball courts are seem like they're pretty much completed.
Almost ready for play. Are those the outstanding? The amount of the outstanding invoices?
Nathan:
That's that's what we had budgeted for the remainder of that project this year. So I don't know what the actual totals are going to come up to. But yeah, it's basically outstanding invoices and work that hasn't been done. One of the larger portions of that is going to be the actual playing surface.
And so that hasn't been put down yet. And so that's going to be a big chunk of change when that goes in. We're currently we're going to get it in as soon as we can. We need a firm guaranteed seven straight days of 50 degree plus weather before we can put that surface on the ground. And so once that happens, it's going to go pretty quickly after that.
And so does that work?
Tera:
Does that ever happen in Colorado? Really.
Nathan:
We'll find out. We got it for the basketball. Yeah we got it for the basketball courts. So hopefully that window will be in there. But yeah once we once we have a pretty confident window we can pour that. And then everything else fires through pretty quickly. Functionally right now looking at, weather trends and all that kind of stuff with, designs, designs, games, design, I can't remember the name of the company all of the sudden, design concepts or whoever they are.
We're looking right now, probably like late April, early May. It looks like we might have some good bands come through, but that's far more on the next style. Like let's hope. Okay. Thank you.
Tera:
Okay. Sure. So now I'm going to get down to nuts and bolts because, you know, I like the Beatles. on would you review your.
I think it's your page one. I think there's like the seventh and eighth, whereas clauses look like they may have been left over from the other, from the stormwater IGA, that I don't know that they're really relevant here because they are basically they it looked like we were maybe one of the time we're going to combine the IGAs, but those kind of look like they're hanging.
Nathan:
Yeah, we yeah, we already have a mark to strike. So those that get pulled out of the final version,
Tera:
And then under I'm on page four. D as in Delta. Other services. District currently operates an online reservation system to schedule reservations for the use of the community center, park pavilions, and about all fields multi-use fields.
00;45;26;02 - 00;45;52;19
Unknown
I assume this also means pickle ball courts. I don't know if we need to specify that, but it says the city and district will work together to effect a smooth transition of these services from the district to the city, it being the intent of the parties to continue to provide this service to this, to the community. I want to make sure, city that you are ready to take on the pickle ball courts, because I know there is a lot of interest in there, and they're wanting to know what the process is.
When they're going to be available. How do they make reservations? Will they or, you know, will there be priority for residents and what that looks like? Are you guys ready to take that on?
Michael:
We are, and we have actually done all the reservations to date, on behalf of the metro district already. So, we've been working behind the scenes and we're actually discussing with our parks board a lot of those questions and anticipation, but but we are having a custom, reservation system built now that's about to go live.
And I don't know exactly when we worked with, Nathan staff to actually do the reservations, but everything's going through the city now, so
Tera:
What? Yes. And I would like to kind of ensure for continuity. I know that when we, cut ground on the pickle ball courts, there was quite a lot of interested, people there. And I think part of a part of the commitment that we had made that we were going to include them in that process.
And I know our, our communications person who was no longer here was so whoever those people are, can we make sure that they're that we also transfer our, our volunteers, if you will?
Nathan:
Yeah. And I've got I'll, I can backtrack and find a lot of that stuff. I also have, notes through that process on like, how those reservation systems work.
We've got notes on, like, how other municipalities around the area do. We looked at Centennial Castle Rock Parker or whoever else has, and we looked at all those reservation systems and then the like, Michael said the system they're going to put in place is honestly better than the things that we were looking at anyway.
Tera:
And that's and that's awesome.
I think my main point is we had interested residents and, I don't want them to get dropped in the transfer.
Nathan:
Yep we've got them. I'll, I'll track down contact info and get it over to the city.
Tera:
Okay. And then just a question on E for Mr. Seter. It looks like. I don't know if there was. It looks like it's just a grammar thing, but it says and will affect the maintenance comma operation of the recreation properties.
I don't know if there was a sentence that was removed, but could you just look at that and make sure that makes sense? The grammar isn't correct.
Including but not limited to to the assignment of the telecommunications lease agreements between the district and tell a communications providers.
Nathan:
So that's referencing the cell phone tower lease in the building. That's something that we'll have to dig into the city with. I'm not exactly sure where we're at on that agreement. I think that the existing 1st May have expired.
I've been getting a bunch of phone calls from various entities that are interested in investing in that in all sorts of ways. With this agreement pending, I told them basically to hold off that that would be a conversation that they'll ultimately have to have with the city. But after we go through, dig out all those contracts, that'll be that'll be something for for them to handle either getting, renewing the existing one, continuing continuing the existing contract, putting a new one in place, doing nothing.
Whatever they want to do with that.
Tera:
Okay. And then it looks like in at the top of page six, transfer of budgeted park improvement funds. Is that the right number? Our numbers need to match up.
Nathan:
Yep. So the 3,130,000 is the budgeted, capital that we have less, a couple minor projects that we had budgeted that will stay with water and wastewater, sound system and website I think are the only two that will stay with us.
And that'll be accounted for in that $650,000 that we maintain. The total transfer that we send over will actually be, and these are all rough estimate numbers. We have to, they're close, but we'll have to finish audits and get to a point where we have these things, much more dialed in. But the total transfer to the city will be that $3,130,000.
You see in B, and that will be in addition to the dollar amount at the end of D, which is the $4,296,205. So that's capital for this year plus the what should be left over in the General general fund, minus the $650,000 that we're will retain for ourselves.
Tera:
Conservation trust fund transfer.
Nathan:
We'll have to look and see how much is in there.
Looking at the budget, there wasn't a lot sitting in there. Those are Colorado Lottery dollars, the 2023 adopted line is actually showing, zero. And I think that that was related to the, Parks and Open Space Master plan. But whatever's in there will be fairly nominal. You know, if there is money in there, it looks like our, revenues we have coming in are $46,000 for the adopted.
And then the expenditures are 46.2, but it doesn't really break out. It just says parks rec and open space additions. So whatever that dollar amount is that comes into that fund would 100% go over to them?
Tera:
Okay. And then we do have that $4,296,205 number at the end of the general fund transfer. So I don't know if Michael flipped ahead to get the answer if he came up with that math on his own.
Nathan:
Michael and I have been doing this math all day. Those numbers are going to be printed in my retinas when I try to sleep tonight.
Tera:
Yeah. Consider honor before transfer date. All right. Spoke about that. And I think.
Michael:
Chair, if I may, while she's looking at other questions, I think one of the, Nathan hit on it, but, we will add the word estimated in B because it says total amount of and it should have an estimate in there. But I think it's important for the board to understand that all of these numbers are estimated, and the final transfer is actually going to come when the next board closes 2023 and knows what all those numbers are.
And then there'll be a final transfer that the city that is Sands, the 650 or whatever, however it works out at that time because it's it's the whole kit and caboodle, if you will, minus what you guys, have for, maximizing the 10% in the water and waste water and sanitary sewer. But they are they everything you should have estimated or.
Tera:
Yeah, I appreciate that. So yep. Thank you.
Chuck:
Questions. Any further questions? Questions. You, Jason. No questions. So going back to my question concert, you'll be prepared at the board meeting to present us with a document for signature if we vote to approve it at that.
Kim:
Yes. Yeah. Unless something goes radically wrong over the next couple days and I don't think it will.
Chuck:
Okay. And the exhibits will be filled in and other issues, Nathan, that you may or may not have.
Nathan:
Yeah. So for the exhibits, we've got, some high, some high level stuff we'll be able to fill in. So we've got a pretty good idea. We're working with Michael. I don't know if he has any updates on that, but we've got the basically the total the the asset registry that we have from the general funds included in there.
And then we pulled together, titles and stuff like that for vehicles. He may have more information.
Michael:
Well, then I believe an attorney will have to correct me if I'm wrong. The the language. Sorry, I don't have this section in front of me is, 60 days that we probably need to clean the language because in article 4a1 on and a2 on page seven, it does say attached here to an incorporated here end, but then at the end of the sentence or at the end of the paragraph, excuse me, it says, that we will complete the list.
The property project managers, who are a public works director and the general manager within 60 days of the business day to the effective date. I'm looking at the attorney to confirm that that really means we have 60 days to do that. So. Well,
Chuck:
Michael where are you finding that in your document?
Michael:
Article four, it's on page seven.
Article 4A1. The very last sentence. Got it. Conflicts actually with it's attached here to the exhibit is the piece of paper is attached here to the detail comes within 60 days. And then for the conveyance of the personal property that list for exhibit B, we get to do it within 15 days and I, I, I think that's doable.
Right. Because the personal property is the vehicles and equipment. The, the, the real property is all the parcels, which takes a lot longer to clean up. So, I guess what we could do is we just return it or, you know, with our respective board to return and, and provide those final documents once we hit that 15 and 60 day, respectively.
Kim:
And I think, is that accurate? That'll work. Yep.
Nathan:
And I can get you a quick copy of that asset list. Just so you have a general idea of what that what that's ultimately going to look like, it'll give you at least a feel for the things that are going to be included. And then once we get the actual property descriptions and all of that stuff taken care of following, you'll know, but at least you'll at least you'll be able to see the list of things and places that go.
Chuck:
So a little bit of work to do, but I think you'll be prepared next Monday. Monday night. Okay, will. Okay. Mr. Penny, thank you very much for your clarification. Any other questions? Board. Okay. Let's close, item number two on the agenda. Thank you. Thanks. Mr.. Any thank you very much. Thank you. okay. On, number three, I had a couple quick questions.
Nathan, for you. We did get, I know Phyllis got a notice from the city, I mean, from the state regarding our audit and the, holding of future distributions out of the conservative trust fund until the schedule for the, 2021 audit is submitted. Are we close to getting that completed in the submitted to the city or state?
Nathan:
Yeah, as far as I know, we're incredibly close getting ready to gear toward 2022, I actually did not know, about the notice from the state, but I will, circle back around with. I've got a couple phone calls with Phyllis I'm going to make over the next couple of days.
Chuck:
I have a copy for you if you need it.
Nathan:
Yeah. Perfect. It's it's probably buried in my email somewhere. And so I'll grab your copy nonetheless. And then, I'll make sure that, Phyllis is ready to give a substantial update, on Monday with that as well.
Chuck:
Okay. And then, are we prepared, counselor, for, doing whatever we think we need to do as a board or council after the election?
Is there anything we need to do in the meantime?
Kim:
There is nothing you need to do in the meantime. The DEO will take care of all of that, and then you'll be notified after immediately after the election in Fact that night, probably of the results.
Chuck:
And then when. Yeah, wins the election.
Kim:
May or May. May 30th.
May 3rd this year. May 3rd. And then at the following board meeting, you'll have a swearing in and sort of in changing of the guard.
Chuck:
In in May. Yes. Okay. Yeah. I'm sure. Okay. any other board questions? Comments? All right. let's adjourn the meeting.