POPs Ballot Research & Analysis. City Council of Colorado Springs

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1 POPs Ballot Research & Analysis for the City Council of Colorado Springs January 16th, 2019 Prepared by: Michael Chaussee, Dana Duggan, Kathy Meinig, Kent Obee,

2 Why is a Protect Our Parks amendment needed? I. Importance of Parks: Many people move to Colorado Springs because of the parks system. The selection of a residence is often based on the proximity to parks. The value of property is impacted by the proximity of parks. Because of these reasons voters are stakeholders in decisions involving parks. A ballot referral allows the opportunity for feedback by democratic process on whether voters desire more input on parks decisions. Parks should be distinguished from other types of City owned property. Neighborhoods are often defined by the nearest park. Communities use the parks in a more personal manner than any other type of City owned property. Persons who are young, low income, or disabled rely on parks. Many people would state that parks are the reason they live in Colorado Springs. II. III. Representation 1. This amendment is for a vote by the electorate as to the type of representation that is desired. For some issues, representation by public officials is best. However, some issues are reserved to the voters. The request on the POPs is for a democratic process (ballot referral) to determine what the voters prefer. 2. The democratic process is designed to give the electors the opportunity to vote on this type of issue that is of particular importance. (Another example would be the sale of a city owned utility company). 3. The POPs Colorado City Comparison chart shows 21 Colorado cities that require a vote to transfer parks or open space. The standard clause is: any sale of public parks shall be approved by a vote of the registered electors. 4. Other states have too many cities, with the same clause, to list in this document. 5. Colorado Springs voters should have the opportunity is vote if they feel the same way. History of Park Actions: Colorado Springs history is somewhat checkered in the protection of parks: 1. Monument Valley Park : Attempt to sell the north end portion for residential development (1971-2); Lawsuits and split votes by Council stopped this proposal; 2. Dorchester Park : various attempts to sell park were opposed by the surviving members of the Dorr family that donated the park; lawsuits ; City Council action; ( ); 3. Pioneer Museum Park : Park deeded to El Paso County; lawsuit resulted that went to the Supreme Court; 4. Alamo Plaza : original park land that is currently a high rise commercial building; 5. Strawberry Fields ; park deeded to commercial company; lawsuit ;

3 6. Jones Park : donation to El Paso County; property appraised for $3.5M was donated for no value; City Council action; [special considerations existed and the alternatives were poor]; 7. Garden of the Gods : lawsuit ; [special considerations, but would a vote have prevented public concerns?]; 8. This list does not include many other examples as identification and analysis requires City records access to park plats and lawsuits; Seven Falls exchange; Palmer Park; IV. Lawsuits: Council has the opportunity to allow a clear and simple rule to take the place of a lawsuit generating process. 1. Clear and Simple Rule : Similar to Colorado Springs, other cities and states show a disproportionate number of lawsuits relating to parks issues. The existence of a clear and simple rule that protects parks from any appearance of political, improper influence or appraisal issues prevents lawsuits against cities. 2. Aspen example : a lawsuit was averted by placing an issue for vote concerning exchanging park land to avoid a safety issue to a subdivision. 3. Connecticut example : The controversial deal became known as the "Haddam Land Swap" did win legislative approval despite fierce opposition. The trade fell apart after appraisals showed that the 17 acres originally purchased for $1.7 million in 2003 was worth far more than the woodlands 87 acres of less desirable forestland the developer wanted to trade. (See attached article on the constitution amendment this has spurred); 4. Benefits to the Mayor and Council in having a simple rule : As an example, the Strawberry Fields transaction would have gone to a vote and no lawsuit would have resulted. The democratic process of seeing what the community wished to do would have been a better result than lawsuits and doubt about the process. V. Loss of Parks for Wrong Reasons 1. Political Decisions: Parks supporters do not wish to see park land deeded for political reasons. No one knows whether future Mayors or Councils will be motivated by political considerations to deed parks to commercial interests. This ballot referral will give the voters the opportunity to provide feedback on whether or not political influence is a concern. 2. If I knew that the land I donated could be so easily given away or sold for different purposes, I never would have made the gift in the first place. - Anonymous donor VI. Access to Mayor 1. POPs : Parks advocates are sincere in wishing that their input on parks issues be considered by the City. On the POP issue, requests for meetings, phone calls, comments, s and any other type of input have been ignored by the Mayor s office. Requests to meet or for comments of the City Attorney, Wynetta Massey were refused (did respond that she would not meet). A meeting with the Parks Department (arranged by Councilperson Skorman) in

4 which the POPs made modification of the amendment for the purpose of addressing Parks concerns. It is the understanding of POPs representatives that all of the Parks Department concerns have been addressed. 2. Strawberry Fields : the Mayor s office refused all requested meetings, phone calls, s or other by parks advocates (Save Cheyenne, Chaussee and others) to give input on the Strawberry transaction. By common sense and confirmed by CORA requests the Mayor s Office met with, and corresponded often with, the representatives of the Broadmoor and many other local developers. Even Council was not included in the early formation of the deal, negotiations or allowed any input until the deal (that was later finalized) had been announced in the Gazette (owned by the Broadmoor). 3. The fact that parks advocates do not have any ability to provide input to the Mayor is an issue. As one Council person said, parks issues are in concrete by the time that Council is allowed any input. The process is deeply flawed if the community is not allowed any input to the decision makers. VII. National Trends 1. Colorado Springs is not the first city or state to consider protection of parks legislation. There is a strong public policy trend toward protecting parks. a. Current bills are pending in Alabama and Connecticut for constitutional state protections. These protections would extend to every city in the state. b. Cities across the country have protections: numerous California; Oregon, Washington, Maine, St. Louis, Missouri and others; Many states such as Washington are surprised that any city in Colorado would consider deeding an existing park to corporate interests. c. Colorado Cities: see POPs Colorado Cites comparison chart; 21 listed cities (the list is not comprehensive) have park protections. d. Denver: no dedicated parks may be sold or exchanged (there is no vote); 2. Council has the opportunity to make a ballot referral to allow the voters to decide if there should be a public policy that distinguishes parks from other types of city owned property. Is there a good reason why the electorate should not be allowed the right to vote on park protection issues? VIII. What is covered? There will be no vote for transfers that really do not need a vote. The POPs representatives have made every effort to exclude items that may be problematic while retaining a simple rule for parks protections.

5 Section 3 : Exclusions: no vote is required for certain specific transfers, or proposed parks : (a) Easements for utilities, right of ways or emergency services; (b) Any court ordered transfers of title, possession or similar matters; (c) Creation of a conservation easement or other similar actions intended for park protection; (d) Survey, boundary or encroachment adjustments; (e) Short term leasing or permitting in a manner consistent with parks use; (f) Any land deemed unsuitable for park use due to safety or environmental issues; (g) Proposed parks, in the planning and development process, under the Park Land Dedication Ordinance (PLDO) or similar ordinances; (h) Transfers of trails, rather than parks or open spaces, for the purpose of development of trails, access to parks, improvement of a park or realignment of a trail; Comparison of Colorado City s Park Protections (22 cities. Please note that there are additional cities with parks protection language.) 1. Similarities between Cities: (Denver, Boulder, Arvada, Englewood, Aurora, Lafayette, Aspen, Glenwood Springs, Louisville, Greeley, Gunnison, Broomfield, Westminster, Lakewood, Dillon, Parker, etc.): a. Brief and simple statement of the rule not to dispose of parks or open space; b. all parks language; c. requires vote of electors except for Denver (does not allow any transfer of dedicated parks); d. Parker example: any sale of public parks shall be approved by a vote of the registered electors. e. Aurora example: used by the city for park purposes, nor water rights, shall be sold or conveyed without a majority vote of the registered electors. 2. Ballot Propositions: a. Denver (1) to sell Vanderbilt Park in 1997; this park was in a low income area and in poor condition; today, the park has been redeveloped to include baseball fields (with lights) and is a thriving neighborhood park; trailhead for the South Platte River Recreation Trail; location near I25 and Alameda in redevelopment corridor; b. Boulder (0) c. Englewood (0) d. Arvada (unknown)

6 e. Aurora (0) f. Lafayette (0) g. Aspen (2); a major lawsuit was adverted due to the option to allow a vote on a subdivision safety issue; a land exchange was made to allow a retaining wall to protect against rocks near a 4 house subdivision; voters approved the ballot; h. Glenwood Springs (3) 2 passed and 1 failed; these three issues do not appear to be usual sale or exchange issues; more research is needed to conclude the analysis; i. Louisville (0) j. Other Cities were not researched on this issue; 3. Impact: there have been very few attempts in any of these jurisdictions to sell or exchange park land; higher standards for sale or exchange is a protection for parks; 4. Success Story: the story of Vanderbilt Park in Denver is a reason for a POPs. Protection of a low income, predominately black, poor condition parks was not a political priority at one time. However, the park was an important part in the redevelopment of the area. Today, the park is a centerpiece of the neighborhood. 5. Notes: The City provided a City Comparison chart that was inaccurate, incomplete and misleading; incomplete in that Aurora and Arvada (similar to Colorado Springs in square miles and not landlocked) were omitted; omitted cities of Greeley, Gunnison, Broomfield, Westminster, Loveland, Dillon, Parker, etc. are not landlocked; and misleading in the summary comment conclusions that: these cities are geographically look very different from Colorado Springs due to square miles and being landlocked ; this is a poor conclusion if Aurora, and all the other cities, are considered; conclusions with headed columns based on incomplete data and poor analysis are not helpful and are misleading; This Chart was presented as factual to Councilpersons Skorman and Knight (and possibly others) as well as the Parks Department Denver Charter Language to Protect Parkland: Sale and leasing of parks. Without the approval of a majority of those registered electors voting in an election held by the City and County of Denver, no park or portion of any park belonging to the City as of December 31, 1955, shall be sold or leased at any time, and no land acquired by the City after December 31, 1955, that is designated a park by ordinance shall be sold or leased at any time, provided, however, that property in parks may be leased for park purposes to concessionaires, to charitable or nonprofit organizations, or to governmental jurisdictions. All such leases shall require the approval of Council as provided for in Article TITLE I - HOME RULE PART 4.PARKS AND RECREATION Denver, Colorado, Code of Ordinances Page 22 III of this

7 Charter. No land acquired by the City after December 31, 1955, shall be deemed a park unless specifically designated a park by ordinance. (Charter 1960, A4.5; amended May 17, 1955; amended May 17, 1983; amended August 19, 1996) 2. Boulder allows the people to petition for a vote on any public land and open space proposed for disposal (pulled from sec 177 of the Boulder Charter off municode): No open space land owned by the city shall be disposed of until sixty days following the date of city council approval of such disposal. If, within such sixty-day period, a petition meeting the requirements of Section 45 above and signed by registered electors of the city to the number of at least five percent of the registered electors of the city as of the day the petition is filed with the city clerk, requesting that such disposal be submitted to a vote of the electors, such disposal shall not become effective until the steps indicated in Sections 46 and 47 above have been followed. 3. Englewood: 72: - Restrictions on sales and leases of land and other real property. Lands granted to or purchased by the City for park purposes, and so dedicated, shall not be sold or conveyed without majority vote of the electors voting thereon at any general or special election, subject to the limitations contained in Section 14 hereof. Nothing in this provision shall be so construed as to prevent the City from selling or conveying, as hereinafter provided, lands purchased for purposes other than parksand not so dedicated, even though such lands may be used for park purposes. Real property of the City may be sold, subject to the restrictions contained in Sections 72 and 121 of this Charter without a vote of the electors, but only by ordinance, enacted, not using the emergency provision. Real property of the City may be leased, provided that no lease of any real property shall exceed a period of twenty (20) years, except leases to other municipalities or governmental agencies, or leases approved by a vote of the electors at any general or special election, subject to the limitations contained in Section 14 hereof. (Amended ) 4. Aurora Restriction on sales of land and water rights. Neither lands granted to, or purchased for use and used by the city for park purposes, nor water rights, shall be sold or conveyed without a majority vote of the registered electors at a special or regular municipal election. Nothing in this provision, however, shall prohibit the city from exchanging water rights, or from selling land which was acquired with water rights when such water rights are not sold, without a majority vote of the registered electors. (Ord. No , 40, ; Ord. No , 1, )

8 5. Arvada: Restriction on sale of park property. Real property owned, purchased, or granted for use and used by the City for park purposes shall not be sold or conveyed without a majority vote of the registered electors voting on the question. (Ord. No. 2850, 13, / ; Ord. No. 3712, 2, / ); Editor's note Ord. No. 2850, 13, adopted September 16, 1991, was approved at general municipal election, November 5, Lafayette: Sec Purchase and sale of property; permitting the leasing of open space. (a) The City Council shall be responsible for the purchase and sale of all city property. The Council may, on such terms and conditions as the Council deems appropriate and by ordinance, without the prior approval of the registered electors of the city, except as hereafter provided, lease, sell, or otherwise dispose of public buildings, real property, or water rights held or used for any municipal purpose. Except as provided in subsection (b) below there shall be no sale of any real property used or held for open space or park purposes without the question of such sale being submitted to a vote of the registered electors of the city at a special or regular municipal election and a favorable vote by a majority of those registered electors voting thereon. Nothing in this paragraph shall prohibit the city from granting utility easements across, under, or over any city property held for open space or park purposes. In all purchases in excess of an amount as set by City Council resolution, (a) the purchase shall be approved by the Council, (b) a minimum of three (3) bids shall be obtained, except that where the Council shall determine by unanimous resolution of those present at the meeting that the public interest will be best served by joint purchase with, or purchase from another unit of government, and (c) the requirements of Section 12.3 shall be complied with. No purchase shall be divided for the purpose of circumventing the dollar limitation as set by Council resolution. The Council may authorize the making of public improvements or the performance of any other city work by any city agency without competitive bidding. Purchases shall be made from the lowest competent bidder meeting specifications and unless the Council shall determine that the public interest will be better served by accepting a higher bid, purchases and sales shall be made to the bidder whose bid is most advantageous to the city. Nothing in this section shall require competitive bidding for professional services. Detailed purchasing, sales and contract procedures shall be established by ordinance. (b) Real property used or held for open space may be leased for purposes such as agricultural uses without approval of the registered electors. (Ord. No. 965, ; Ord. No , 1, ; Ord. No , 1(2B), )

9 Editor's note Ord. No. 965, adopted Jan. 4, 1983, provided for the amendment of 12.1 as herein set forth. Such amendment was approved by the electorate Feb. 22, Subsequently, Ord. No , adopted Aug. 17, 1993, amending 12.1, was approved at referendum on Nov. 2, Subsequently, Ord. No , approved by the electorate on Nov. 1, 2005, further amended this section to read as herein set out. 7. Aspen: Section 13.4.Restrictions on the sale or change in use of property. Council shall not sell, exchange or dispose of public building, utilities or real property in use for public purposes, including real property acquired for open space purposes, without first obtaining the approval of a majority of the electors voting thereon. Additionally, the city council shall not cause or permit the change in use of the real property acquired for open space purposes, other than for recreational, agricultural or under-ground easement purposes, without first obtaining the approval of a majority of the electors voting thereon. No real property acquired for open space purposes shall be sold, exchanged, disposed of, or converted to other uses other than for recreational, agricultural or underground easement purposes, unless such open space is replaced with other open space property of equivalent or greater value as of the date of sale or conversion as determined by the City Council by resolution following a public hearing taking into consideration monetary, environmental, and aesthetic values. (Ord. No ; election 11/2/1999); 8. Glenwood Springs: Sec Restriction on sales of land and water rights. Neither lands owned and used by the City for park or governmental purposes, nor water rights, shall be sold or conveyed without an affirmative vote of a majority of the qualified electors. Nothing in this provision, however, shall prohibit the City from exchanging, or changing point of diversion of water rights without such vote. 9. Gunnison: Section 11.2 Restriction on Sales of Land and Water Rights: Neither lands owned and used by the City for park or governmental purposes, nor water rights, shall be sold or conveyed without an affirmative vote of a majority of the qualified tax-paying electors of the City voting thereon, at any special or general election. Nothing in this provision, however, shall prohibit the City from exchanging, or changing point of diversion of water rights without such vote. 10. Pagosa Springs: Section Conveyances of Real Property Owned: The Council, by ordinance, may purchase, sell, exchange, receive by donation, enter into a lease for greater than two years, or dispose of any interest in real property including easements. The Council may enter into a lease of real property for a term of up to two (2) years by motion. The title of an ordinance shall, when possible, identify the location of the property or

10 property interest by lot and block or subdivision designation. Ordinances authorizing the acquisition or disposal of real estate interests shall take effect thirty days after final approval and shall be subject to citizen referendum according to the procedures in Article V. 11. Steamboat Springs: Section Purchase, Sale or Lease of Real Property: The Council by ordinance may purchase, sell, exchange, or dispose of any interest in real property, except any sale of public parks shall be approved by a vote of the qualified electors. The Council, by ordinance, may lease for such a term as the Council shall determine, any real property to any person, firm or corporation, public or private. The effective date of any sale or lease must be at least thirty (30) days after passage by Council, and Council shall not sign any such contractual document prior to the thirty (30) day period. 12. Silverthorne: Section Purchase, Sale or Lease of Real Property: The Council by ordinance may purchase, sell, exchange or dispose of any interest in real property, except that any sale of any property actively in use as the Town hall, recreation center, or all or part of any public park shall first be approved by a vote of the registered electors of the Town at a regular or special election. For the purposes of this Section "public park" shall mean real property which has been improved by the addition of permanent built structures and which is in active use by the public for park purposes. By ordinance the Council may lease any real property of the Town to any person, firm or corporation, public or private, for a term of more than five years. The Council may lease any real property of the Town for a term of five years or less by motion adopted by a majority of the entire Council. (Amended by Ord. No , 11/6/01 election); 13. Avon Section Restrictions on sale of municipally-owned real property. The Town shall not sell or dispose of municipally-owned buildings or real property in use for public purposes without first obtaining the approval of a majority of the electors voting thereon. 14. Vail: No designated open space may be sold, leased, traded, or otherwise conveyed, nor may any exclusive license or permit on such designated open space land be given, nor may any use or zone change other than one of the open space zone districts identified in this section to such designated open space be permitted, until such disposal as set forth in paragraph (e) below has been approved. (e) Disposal Of Designated Open Space. Town council may consider the sale, lease, trade, alienation, partition, granting of an exclusive license or permit, use or zone change other than one of the open space zone districts

11 identified in this section of designated open space only upon receiving a unanimous recommendation of such action from the open space board of trustees. Once such recommendation is received, the town council shall consider an ordinance referring such question of disposal of designated open space to the registered electors at a town election for their acceptance or rejection. The ordinance shall give the location of the land in question and the intended disposal thereof. Every such ordinance shall require the affirmative vote of three-fourths of the entire council for passage. The vote of the town on proposed disposal of designated open space shall be held not less than thirty days and not later than ninety days from the date of the final council vote thereon. If no regular town election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may at its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed ordinance to dispose of designated open space shall be made available to the public within a reasonable time before the election and also at the polls at the time of the election. (Charter amd : 1972 Charter); 15. Dillon: Section Limitations on Sale of Town-Owned Park Property. No property used for park purposes and maintained by the Town as a park, in which fee ownership is now or hereafter vested in the Town, shall be sold unless the question of such sale is first approved by a majority of the registered electors voting thereon at a regular or special election. Nothing herein shall limit the Council's power to grant any licenses, permits or easements with respect to such property. 16. Lakewood: 14.3 Sale, Lease and Disposal of City Property (a) The City Council may, on such terms and conditions as the City Council deems appropriate and by ordinance, without the prior approval of the registered electors of the City, except as hereafter provided, lease, sell, or otherwise dispose of public buildings, real property, or water rights held or used for any municipal purpose. (b) Except for those parts of utilities or systems no longer useful to the operation of a utility or system, there shall be no lease or sale of water works; gasworks; geothermal systems; solar systems; electric distribution systems or other public utilities; or any real property used or held for open space or park purposes without the question of such lease or sale, and the terms and consideration therefor being submitted to a vote of the registered electors of the City at a special or regular municipal election and a favorable vote by a majority of those registered electors voting thereon. 17. Broomfield:

12 Section Restrictions on sale of municipally owned real property and changes in use of open space property. (a) The City shall not sell or dispose of municipally owned buildings or real property in use for public purposes without first obtaining the approval of a majority of the electors voting thereon. Any real property acquired by the City as open space is deemed to be in use for a public purpose. (b)land dedicated as open space or acquired using open space sales and use tax revenues. (1) No land dedicated as open space or acquired using open space sales and use tax revenues shall incur a change in use from an open space use to a non-open space use until approval of such change by the city council. Such approval shall be given only after such change has first been considered by the open space and trails advisory committee at a public hearing held with notice provided to property owners within 500 feet of the property proposed for a change in use, notice by posting a sign on the property proposed for a change in use at least ten days in advance of the hearing, and published at least ten days in advance in a newspaper of general circulation in Broomfield, giving the location of the land in question and the intended change in use. Such hearing by the open space and trails advisory committee shall be held not more than 60 days after the change in use has been proposed. In the event that the open space and trails advisory committee no longer exists, then the city council meeting at which the change in use is considered shall comply with these same notice requirements. Regardless of whether the proposed change in use occurs through ordinance, no change in use approved by the city council shall occur until 90 days following the date of city council approval of such change. Within said 90-day period, a petition meeting the requirements of Section 7.2, except that 90 days shall be allowed for the submission of the petition, may be submitted to the city clerk requesting that the proposed change in use be reconsidered by Council. If such petition is submitted, the proposed change in use shall be suspended and Council shall reconsider the proposed change in use. Unless Council, upon reconsideration, disapproves said change of use in its entirety, no change in use shall become effective unless approved by a majority of the registered electors voting thereon at an election to be held in accordance with the provisions of Section Loveland: SECTION CONVEYANCE OF REAL PROPERTY OWNED AND USED FOR PARK PURPOSES Fee ownership in any land which is owned or acquired by the City, and which is used by the City for park purposes, shall not be conveyed except upon the approval of the registered electors of the City voting thereon at a regular or special election. 19. Greeley: Section Abandonment of Streets, Alleys, Public Highways and Public Parks. No public park shall be vacated, sold or abandoned as such without a majority of votes cast of the qualified electors of the City.

13 Note Amended by Ord. No. 56, 2007, 2, adopted by vote of citizens on November 6, 2007; 20. Netherland Section Sale or Lease of Municipally Owned Utilities: No public utility or park and/or swimming pools owned by the City of Nederland shall ever be sold or leased for a period longer than five (5) years until such sale or lease is authorized by a majority vote of the qualified voters of the City; nor shall same be encumbered for more than $5, except for purchase money or to refund any existing indebtedness lawfully created, until authorized in like manner; 21. Parker Section Purchase, Sale or Lease of Real Property. The Council by ordinance may purchase, sell, exchange or dispose of any interest in real property, except that any sale of public parks shall be approved by a vote of the registered electors. 22. Frisco: Section Limitations on Sale or Lease of Town-Owned Park and Open Space Property: No park or open space property, specifically designated as such by resolution of the Council, in which fee ownership is now or hereafter vested in the Town, shall be sold or leased unless the question of such sale or lease is first approved by a majority of the registered electors voting thereon at a regular or special election. Nothing herein shall limit the Council s power to grant any licenses, permits, or easements with respect to such property.