Parks, Recreation and Cultural Services

PR&CS Administration 1401 Recreation Way Colorado Springs, CO 80905 Agenda

Parks and Recreation Advisory Board Please silence your phone during the meeting.

Thursday, August 9, 2018 7:30 am Palmer Room

Call to Order

Citizen Discussion Time for any individual to bring before the Parks and Recreation Advisory Board any matter of interest they wish to discuss that is not elsewhere on the agenda. Comments are restricted to three (3) minutes; you will hear an alarm when your time is up. Please contact PR&CS staff no later than the last Wednesday of the month prior if you wish to place a longer presentation on the agenda.

Approval of Minutes- July 12, 2017 Minutes are posted no later than 5:00pm on the Tuesday before the meeting at: https://coloradosprings.gov/city-council/page/parks-and-recreation-advisory-board

Ceremonial Items (time certain 7:30 a.m.) Guardians of Palmer Park Scott Abbott

Action Items Blodgett Peak Open Space Acquisition David Deitemeyer Great Outdoors Colorado Grant Resolution – Panorama Park Tilah Larson

Presentations Ethics Training Lisa O’Boyle Garden of the Gods Transportation Study Update Kim King/Annie Engen

Board Business

Adjournment

COLORADO SPRINGS PARKS AND RECREATION DEPARTMENT

PARKS, RECREATION AND CULTURAL SERVICES ADVISORY BOARD

______

Date: August 9, 2018

Item Number: Action Item # 1

Item Name: Proposed acquisition of up to 64 acres for the Blodgett Open Space

SUMMARY: The TOPS program is coordinating with Trust for Public Land to acquire three parcels located directly south of the existing Blodgett Open Space property for the TOPS program. These properties are identified by the 2014 Park System Master Plan as candidate open space properties. They offer beautiful mountain terrain with panoramic views of the City and would expand the Blodgett Open Space property by just over one third of its current size. An acquisition through the TOPS program would further protect the City’s mountain backdrop.

BACKGROUND: The 2014 Park System Master Plan (“Park Master Plan”) identifies preservation of the mountain backdrop on the west side of Colorado Springs as a priority consideration for the TOPS program and open space acquisitions. The three parcels are depicted on the attached map as Parcels A, B & C. They are located just west of the existing Oak Valley Ranch subdivision and directly south of the Blodgett Open Space which is currently 167 acres. The access to the parcels is on the west side of Woodmen Road and south of Blodgett Ranch Trail. As with the neighboring Blodgett Open Space, this property shares a boundary with the Pike National Forest.

The Park Master Plan includes several additional goals that are supported by this proposal. First it provides an enhanced open space opportunity on the City’s western boundary and within the Park Master Plan’s candidate open space area. Second, acquisition of this property will fill in a gap in the open space network on the City’s west side. It will also provide an important addition to the Blodgett Open Space property which is site constrained. Finally, it highlights another successful project with Trust for Public Land thus meeting the master plan goal of formulating strong and broad partnerships.

In May of 2018, the seller signed an option agreement with Trust for Public Land with the intent that the City would engage in its standard real estate process and Trust for Public Land would secure the property to allow for a TOPS program purchase of the property for Colorado Springs. Trust for Public Land has agreed to divide the real estate transaction costs evenly for this transaction. Pursuant to TOPS, TPL and City real estate acquisition procedures, an appraisal was completed for the property. It was performed by Muegge and Associates on June 15, 2017 and updated on July, 24, 2018. The updated value of the three parcels was determined to be $768,500 at a per acre value of $12,000 per acre.

The property features terrain similar in character to the Blodgett Open Space terrain with oak brush, drainage ways and grassland species on a rolling uphill orientation. There is one dirt access road to the property that winds uphill to the top portion. Parcel B features a small barn structure of about 834 square feet with stalls and a garage door to a main bay. Parcel C features a flat buildable site for an estate home and accompanying out buildings.

There are several easements on the three parcels. Each parcel has water and utility easements. Each parcel also has a conservation easement that is held by El Paso County. Additionally, Parcel C has an exclusive easement permitting a telecommunications site which is camouflaged by a nice looking barn structure which houses telecommunications equipment. It is fenced and access is provided to this site via the only road access into the three parcels. As part of this transaction, the seller wished to retain the lease value of the cell tower facilities housed within the barn structure.

During negotiations, the seller decided to sell the revenue stream from that facility to a telecommunications company and to agree to an easement for that use where the telecommunications facility/barn is located along with an access easement to that site.

FINANCIAL IMPLICATIONS: The City will enter into a contract to acquire the three parcels from Trust for Public Land, contingent on the City’s standard real estate due diligence review and City Council approval, for the updated appraised fair market value of $768,500. Acquisition of the property requires an appropriation in the amount of the established fair market value plus $10,000 from TOPS Open Space category revenue to purchase the property, and to pay for the City’s portion of the costs associated with the ALTA survey, property appraisals, Phase I environmental survey, closing costs and recording fees.

BOARD/COMMISSION RECOMMENDATION: The TOPS Working Committee considered this item at its July 11, 2018 meeting and recommended approval by unanimous vote.

ALTERNATIVE: Do not recommend approval of this acquisition of the three parcels or suggest that staff pursue an alternative.

RECOMMENDATION: Staff recommends approval of acquisition of up to 64 acres of property identified by tax schedule numbers 73000 00 481, 73000 00 483 and 73000 00 484 and approval to expend up to the established fair market value of the property of $768,500 as updated along with the City’s portion of the real estate transaction costs in the amount of $10,000 from the TOPS Open Space category revenue.

Attachment: Map depicting Parcels A, B & C Blodgett Dr B l u W f f a v y ie w

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OPEN SPACE b a c k T r C l ind erc one Ln A ssis A i Ht p s p Ow l l e Can s yon BLODGETT to Rd n e PEAK OPEN Tr R l us ts SPACE to n e C W W t oo dm e n R H d e a rt la N n e d e W d l a e y g ra s s L n

Pike

t Ranc National Blodget h Trl Forest

Parcel B Parcel A jk

Cell Tower

Parcel C

d lv B l ia n n te n e d C R

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Dr le da llan Ho

© 2018 City of Colorado Springs on behalf of the Colorado Springs Utilities. All rights reserved. This work, and/or the data contained hereon, may not be reproduced, modified, SCALE: Blodgett Peak Open Space and Adjacent Properties Open Space distributed, republished, used to prepare derivative products, publicly displayed or Planned City Trails commercially exploited in any manner without the prior express written consent of the 0 500 City of Colorado Springs and Colorado Springs Utilities. This work was prepared Adjacent Parcels utilizing the best data available at the time of plot file creation date and is intended State Plane Coordinates NAD83 - US Survey Feet Existing City Trails for internal use only. Neither the City of Colorado Springs, the Colorado Springs Date: 7/3/2018 Utilities, nor any of their employees makes any warranty, express or implied, or assumes Feet Colorado Central Zone Vertical Datum - NGVD29 any legal liability or responsibility for accuracy, completeness, or usefulness of any ± Pike National Forest Trails data contained hereon. The City of Colorado Springs, Colorado Springs Utilities and their employees explicitly disclaim any responsibility for the data contained hereon. Acquisition of up to 64 acres for the expansion of the Blodgett Open Space

Parks, Recreation & Cultural Services Advisory Board August 9, 2018

Project Summary

Partnership with Trust for Public Land

Three Parcels

3 Project Summary

Ownership: T Slattery LLC/ Trust for Public Land has secured an option to purchase the property Size: approximately 64 acres Transaction: Fee Simple Acquisition

Terms:

• Purchase price of $768,500 based on appraisal at fair market value

• Requesting appropriation authority at fair market value plus $10,000 for a total of $778,500. – Appraisal, Survey, Title Insurance, Phase I Environmental Report, Closing Costs and Recording Fees

Special Considerations: • Acquisition in partnership with Trust for Public Land • Identified as Candidate Open Space Area in Park System Master Plan • Natural Resource Target Areas: Mountain Backdrop • Adjacent to Blodgett Open Space • Each parcel has a conservation easement held by El Paso County • Parcel B includes an 864 square foot barn-type structure near the frontage on West Woodmen Road • Parcel C is encumbered by an exclusive telecommunications easement and barn structure to house the equipment. Parcel C also has a nonexclusive easement for the telecommunications facility access.

Access: • Woodmen Road and Blodgett Ranch Trail

View from Parcel C to North/East

5 Telecommunications “barn”

6 View to the east along canyon

7 Looking North from Parcel C to Parcel A

8 Northern Boundary with Pike National Forest

9 View to North/East

10 View to East

11 View to the South

12 Updated 2018 TOPS Revenue

2018 Approx. TOPS Funding Annual Category Restrictions Revenue TOPS - Admin Max. 3% Administration $275,040 – Limited to TOPS Projects - Maintenance Max. 6% Maintenance $550,080 - Limited to TOPS Projects - Open Space Min. of 60% $5,005,728 - Limited to Open Space Acquisition and Open Space Stewardship of TOPS acquired open space , - Trails Max. of 20% $1,668,576 - Limited to new trail construction - Parks Max. of 20% $1,668,576 - Can be used for park acquisition, development, renovation, and maintenance

TOTAL ANNUAL ESTIMATED $9,168,000 REVENUE: 13

Timeline / Approval Process

• TOPS Working Committee: Approved the acquisition on July 11, 2018

• Parks, Recreation & Cultural Services Advisory Board: – Presentation July 12, 2018 – Action August 9, 2018

• City Council Work Session: Presentation – August 13, 2018 • City Council Regular Session: Action - August 28, 2018 • City Council Regular Session: Appropriation – September 11, 2018

Recommendation

A motion to approve the acquisition of up to 64 acres of property as an expansion of the Blodgett Open Space for the appraised value of $768,500 plus $10,000 for real estate transaction costs from the TOPS Open Space Category.

Photo Credit David Deitemeyer15 Questions?

16 COLORADO SPRINGS PARKS AND RECREATION DEPARTMENT

PARKS AND RECREATION ADVISORY BOARD ______

Date: August 9, 2018

Item Number: Action - Item # 2

Item Name: THE CITY OF COLORADO SPRINGS APPLICATION TO GREAT OUTDOORS COLORADO FOR PANORMA PARK RENOVATION PROJECTS.

SUMMARY:

The Parks, Recreation and Cultural Services Department seeks to apply for a Great Outdoors Colorado (GOCO) Local Park and Outdoor Recreation grant. The $350,000 grant application will assist with supporting new and improved park elements at Panorama Park.

In partnership with the Trust for Public Land and the RISE Coalition, the Department is engaging in a public planning process to identify opportunities for Panorama Park. We anticipate having a master plan approved by the Board later this year and will start seeking funding for planned construction in 2019.

PREVIOUS BOARD ACTION: None

BACKGROUND:

GOCO’s LPOR grant opportunity funds new park development, enhances existing park facilities and supports land acquisition. The GOCO grant application, due in November, requires a resolution from City Council supporting the project. This grant opportunity previously funded the playground at Venezia Park and the Incline.

FINANCIAL IMPLICATIONS:

As part of the grant’s requirements the City will provide a match of approximately $100,000 from funding allocated to Panorama Park in the 2019 budget.

ALTERNATIVE: The Board may choose not to not support the grant application.

RECOMMENDATION: Support the City’s grant application to Great Outdoors Colorado for Panorama Park improvements.

PROPOSED MOTION:

Move to support the City’s grant application to Great Outdoors Colorado for Panorama Park improvements.

Attachments: None City Code of Ethics Training

Parks and Recreation Advisory Board August 9, 2018 Lisa O’Boyle, Attorney

Origin of City Code of Ethics o Colorado Constitution requires cities to adopt either o State ethics code legislation or o Similar municipal ordinance o City adopted its own Code of Ethics o Chapter 1, Article 3 of City Code o City modified its Code of Ethics in 2016 o Ordinance 16-122

Purpose of City Code of Ethics o Honesty, integrity, fair dealing and ethical behavior o Independent, objective judgment in performance of duties o Transparency o Ensure public confidence

Why Should You Care?

• Applies to: – Elected officials, administrative officers, employees, independent contractors, volunteers of the City, members of boards, committees and commissions appointed by the Mayor and/or City Council o In your role as a Parks and Recreation Advisory Board member you are a “covered person”, subject to the City’s Code of Ethics

Why do you have to sit through this training?

• All “covered persons” are required to receive ethics education using the City Ethics Code on an annual basis • Rules changed—need current training

Primary Areas of Concern

• Gifts • Conflicts of Interest • Independent Ethics Commission

Gifts

• General Rule: – No covered person or immediate family member shall solicit, accept, or give a gift related to the covered person’s duties and responsibilities on behalf of the City

Gifts

• What Is a Gift? – A payment, subscription, advance, forbearance, acceptance, rendering or deposit of money, services, or anything of value given, to include food, lodging, transportation, golf or other recreation or entertainment, and reimbursement for other than necessary expenses for official business on behalf of the City, unless consideration of equal or greater value is received. (Examples in red) Gifts

• Immediate Family Members – Broad definition of immediate family member – Includes “greats”, cousins, step relatives, and in-laws Gifts

• Exceptions to the Ban on Gifts – If gift could not be considered a bribe or means of improper influence … the following are permitted: • Campaign contributions • Under $59.00 per year from vendor or third party • Unsolicited awards—like plaques and prof. awards • Compensation in normal course of employment, appointment, volunteer service, or business • Scholarship, grant, financial aid for education • Charity event benefiting City or affiliated org. • Gift solicitation for a charitable purpose • Gift to benefit public safety or community purpose

Gifts

• Exceptions to the Ban on Gifts (cont’d) • Award at competition open to public • Reasonable cost/frequency of conferences, seminars, events, meetings if documented and if participating, vendor contract, or cost paid by govt or 501(c)(3) org. • Reasonable cost/frequency of City-sponsored educational events or business meals if documented • Perishable or consumable gifts given to City dept. or group • Gifts accepted in official capacity that will become property of City

Gifts

• Exceptions to the Ban on Gifts (cont’d) • Non-pecuniary award publicly presented by 501(c)(3) org. in recognition of public service • Discounts available to all City employees or offered to public in general (or large segment of public) • Exemptions granted/recognized by federal or state law • Any exemption approved by IEC through inquiry

Gifts

• Inappropriate hospitality or gifts – Involve offering or receiving accommodations, tours, event tickets, recreation, entertainment, meals or other similar personal benefits when a substantial interest exists that could influence or be perceived to influence objectivity when interacting with, representing, or conducting business for or on behalf of the City Gifts

• Inappropriate hospitality or gifts – Substantial interest= a situation in which a reasonable person faced with making a decision, after considering the relevant circumstances, would tend to have their decision influenced by a personal or financial stake or consideration Conflicts of Interest

• 1.3.101: Public service is a public trust. • 1.3.106: Every covered person owes a duty of loyalty to the City. – Including Parks and Recreation Advisory Board members Conflicts of Interest

• General Rule – Covered persons are prohibited from engaging in any behavior that constitutes a conflict of interest What Is a Conflict of Interest?

• May not directly or indirectly participate in any matter involving the City where the covered person or immediate family member has substantial interest – Substantial interest= a situation in which a reasonable person faced with making a decision, after considering the relevant circumstances, would tend to have their decision influenced by a personal or financial stake or consideration • May not engage in activities that conflict with official duties or fiduciary duty to City

What Is a Conflict of Interest?

• Confidential Information – May not knowingly use confidential information gained in capacity with City or allow use of such information to further the financial /personal interest of the covered person or immediate family member – May not disclose confidential information to people not authorized to receive the confidential information

What Is a Conflict of Interest?

• May not knowingly make unauthorized commitments or promises purporting to bind City • In official capacity, may not – Endorse any private org./individual, – Request/grant any private org./individual special consideration, treatment, or advantage • May not misappropriate services/resources of City for personal benefit Conflicts of Interest

• Examples: – You or your family member own or have ownership/financial interest in a property seeking board approval for master plan or PK zoning – You use the financial information you receive as a committee member to solicit a contract with a developer – You have City staff make copies of flyers for your personal event Conflicts of Interest

• You have a prohibited conflict of interest. What should you do? – Disclose the conflict of interest – Recuse yourself from participation • Don’t attempt to influence committee’s decision – Don’t communicate with members of committee or by social media regarding the matter • Physically leave the room before matter is considered • Don’t vote or take action on matter What Is a Conflict of Interest?

• Appearance of Impropriety – When a covered person takes a direct official action that may create a reasonable perception that the covered person is not able to carry out his/her official duties with integrity, impartiality and competition Conflict of Interest

• A covered person with an appearance of impropriety may: – Disclose and recuse (same as prohibited conflict of interest); OR – Declare in writing or orally at an appropriate public meeting that the appearance of impropriety will not impact the covered person’s ability to participate fairly and impartially

Independent Ethics Commission

• Covered persons subject to IEC jurisdiction – Elected officials, administrative officers, Municipal Court Judges, and members of boards, committees and commissions appointed by the Mayor and/or City Council • Covered persons subject to HR jurisdiction – Independent contractors, employees, volunteers of the City

Independent Ethics Commission

Creation and Purpose: • IEC gives recommendations to City Council on ethical complaints and issues written advisory opinions in response to inquiries Subpoena and Recommendations: • IEC has power to subpoena documents and witnesses • Recommendations by IEC are based on the preponderance of evidence before it Independent Ethics Commission

Complaints; Inquiries: • Any person may file written complaint or inquiry for consideration by the IEC • Filed with City Attorney • Confidential • Written complaint or inquiry only considered for matters occurring within last twelve (12) months • Members of boards, committees, or commissions are subject to IEC jurisdiction Independent Ethics Commission

Frivolous Complaints; Inquiries: • IEC may dismiss frivolous complaints or inquiries without further action • Frivolous dismissals maintained as confidential Nonfrivolous, Formal Complaints; Inquiries: • IEC investigates nonfrivolous complaints • IEC will issue confidential written recommendation to City Council containing its investigative findings of fact and statement as to whether the IEC finds Ethics Code violations occurred Independent Ethics Commission

Council Action: • Proceed with allegations of ethics violations it determines in its independent judgment are appropriate – Accused party may request hearing – Legal representation available / reservation of rights • Issue finding of no violation • Dismiss all or part of IEC recommendation • Accept recommendation of IEC Independent Ethics Commission

Final Action: Decision of City Council is final action, subject to any appeal to a court with proper jurisdiction Penalty: Reprimand (oral or written), censure (elected officials), fine for up to double the amount of financial equivalent of any benefits obtained, suspension/removal Independent Ethics Commission

Legal Representation • Those subject to IEC jurisdiction who are subject to an ethics violation investigation are entitled to independent legal representative • City will pay up to $10,000 in legal fees if requested • City-paid legal fees must be paid back if person is found to have committed ethics violation Advisory Opinions

• Any covered person may request an advisory opinion (confidential or non-confidential) from the IEC or City Attorney – IEC opinion should be your first choice • Must be regarding future action • Must fully disclose all pertinent facts and circumstances in writing • Defense if you, in good faith, follow the advisory opinion • Verbal advisory opinions are not binding – ask for writing • Covered person must provide opinion to IEC if investigation • Please give advance warning if you need an opinion Many Ethical Issues Are Not Clear Cut

• Feel free to call if you have any questions or specific situations • City Attorney’s Office – (719) 385-5909 Garden of the Gods Transportation Study - Update

Kim King, Manager Parks, Recreation and Cultural Services

August 9, 2018

Transportation Study Goal

To improve the visitor experience while protecting Garden of the Gods Park

2 Visitor Center Counts

2018 VISITOR CENTER COUNTS

185,355

113,027 94,225 73,060

33,710 30,109 # OF OF VISITORS #

JAN FEB MARCH APRIL MAY JUNE MONTH

2018 VISITOR CENTER COUNTS: INCREASES SINCE 2017 13,588 10,326

6,221 3,603 5,043

VISITORS JAN FEB MARCH APRIL MAY JUNE

INCREASE IN OF # INCREASE -4,290 MONTH

3 Park Vehicle Counts

2017 2018 Difference January 31,668* 79,494 n/a February 85,708 71,077 -14,631 March 128,645 121,180 -7,465 April 120,971 112,989 -7,982 May 149,402 141,564 -7,837 June 175,910 162,852^ -13,058 July 175,122* August 38,014* September 31,247* October 88,629* November 92,875 December 87,931 Totals 1,206,121 4 Recommendations for Summer 2018 - Where we are currently

• Pilot shuttle system during summer months using the shortest circulator route – in process with counters and surveys in place to collect data

• Increase parking at Rock Ledge Ranch with the most minimal impact to the site – temporary lot built for approximately 400 spaces

• Construct ADA accessible trail to the north side of Gateway Road – out to bid

• Establish pilot opportunities for car-free hours or days at the Garden of the Gods – first Motorless Morning held April 22 with a second being discussed for Fall 2018

• Develop and implement a strong marketing plan to educate and promote alternatives to driving a private vehicle through the Garden – initial coverage thru TV, radio and newspaper interviews with continued social media

Shuttle Utilization

• Sample Graph from AnnieThursday June 21, 2018 Shuttle Report 30

Entering Shuttle Entering

- 10

ppl 0

# # of

- -10 -20 -30 -40 Exiting Shuttle Shuttle Exiting Time of Day

RLR: Off RLR: On Visitor Center: Off Visitor Center: On GOG Park: Off GOG: On

Saturday June 23, 2018 Shuttle Report 40

Entering Shuttle Entering 20

ppl 0

# # of

-20 Shuttle Shuttle -40

Time of Day Exiting Exiting

RLR: Off RLR: On Visitor Center: Off Visitor Center: On GOG Park: Off GOG: On 6 6 Shuttle Utilization

7 Shuttle Utilization

Conclusions: • Overflow parking lot most heavily used Fridays and Saturdays.

• Most popular route suggested by graphs:  On their way in: get picked up at the Visitor Center and dropped off at the park entrance.  On their way out: get picked up at the park entrance, and dropped off again at the Visitor’s Center.