2
yes and start with roll call mayor pro tem levar president
council member alfieri is absent council member case here council member
nikai here council member neil here council members of the wagga i'm here
thank you [Music]
all right pledge of allegiance
america
on to number three ceremonies presentations and appointments we have
3a which is a proclamation recognizing the organizers of the 2021 old-fashioned
fourth of july celebration and michael lawson's going to present
yeah thank you mayor pro tem um just briefly
we we had a wonderful fourth of july event
here something that we went without in 2020
and it came back in 2021 and we had a team of folks that helped put that
together um led by gail gross and a lot of volunteers and some city staff and
some great sponsors and uh it was a great turnout it was
seemed like everyone seemed to enjoy it i know i certainly did
um and so we wanted to recognize the amount of effort and all the different
folks who invested their time in making that
happen so um
it it should be said that that used to be something the city put on in the past
um and with covet and everything else changes in staffing and budgets that
wasn't something we were going to be able to do and so we appreciated
folks coming in to fill that gap and make that play on behalf of the
community so that was really cool
all right now i have the proclamation in front of me so i'm going to go ahead and
read that out loud for the record the proclamation recognizing organizers
of the 2021 old-fashioned fourth of july celebration whereas the city of woodland
park takes pride in celebrating american independence with its annual
old-fashioned fourth of july celebration a long-standing community tradition and
whereas the celebration was cancelled in 2020 due to the covid19 pandemic at one
time uncertain to return for 2021 and whereas gail gross of soar took the
initiative and stepped in to organize the celebration for the first time and
invested many hours and our personal resources on behalf of the woodland park
community and whereas was assisted by a large group of dedicated volunteers and
city of woodland park employees both leading up to the event and on the day
of the event itself and whereas many sponsors both from within and outside
the woodland park community pledged financial and in-kind support to help
make the celebration a reality and whereas the celebration was a major
success evidenced by the largest attendance that anyone could remember
and brought a welcomed sense of normalcy and enjoyment to thousands of attendees
now therefore the members of the city of woodland park city council hereby
recognize gail gross and soar event volunteers city staff and event sponsors
of the 2021 old-fashioned fourth of july celebration the celebration faithfully
honored both of our our nation and our community giving the residents of
woodland park teller county and visitors a much needed opportunity for fun unity
and patriotism in the midst of a challenging year on behalf of the
woodland park community the council expresses its gratitude for the hard
work of all involved in making the celebration
success thank you gail very much thank you
i'd like to give you this proclamation as well
[Music]
thank you
many thanks to everyone that helped you
i want to make this did she want to make a speech
council wants to know if you want to speak girl
first of all i want to thank you i've never had embarrassed pain so i'm very
excited about it and i just want to thank everyone who
participated yes it took hours on my part to put it together
but without the people that were participating it wouldn't have happened
so the the vendors and the sponsors and everybody that helped out on the day of
and i do have a few of the people here with me today
everyone was invited but a lot of people are on vacation and couldn't be here but
we do appreciate the city of whitman park and we look forward to expanding
upon it for next year and make it making it even better
thank you thank you
all right four additions deletions or corrections to agenda none
we've got consent calendar number five five a's approval of the august 5th 2021
regular city council meeting minutes and b is approval contract in the amount of
35 for 96 timberline electric suzanne
you'd like to take a and then if we have any questions
about b we can sure we can do that so what i would look for this evening
council is a motion to approve the august 5th
2021 regular city council meeting minutes
oh i'll make a motion thank you a second
thank you peace
yes lavar yes nikai yes neil yes zuma yes thank you motion cares unanimously
the second item as mayor protem mentioned that we have on the consent
agenda is a contract with timberline electrical control corp and director kip
wiley is here to answer any questions if you have any particular questions about
this contract
council any questions yeah
so kip i remember when we did citizens academy they
took us through that whole process and i remember seeing those uh
old-fashioned radios or whatever and that was a way of connection can you
kind of just walk through what the technology difference is from what we're
placing it with so we're we are replacing those radios
with newer versions um in our town we have to go with radio frequency because
cellular and low frequencies just don't work and then part of this package is
also the controls to that so we have a redundancy backup to the plant if the
plant computer goes down we can operate from the control
in the scada yeah if i remember that's how
the that radio control is actually linked to
how it actually communicates or operates correctly
correct yeah okay and they said from what i saw in the proposal it's going to
last another 20 years is that right that'd be amazing
you're not convinced well the original equipment is still in the plant the
plant was built in 97 so it's lasted 25 years so okay we would hope this does
the same okay and by that time we might have more
sophisticated communication ability more than likely technology does
feel pretty quick yeah all right thanks thank you
anything further
can i get a motion i'll make a motion to approve the
contract in the amount of 35 496 dollars with timberline electrical control group
for the system's controls and data acquisitions upgrade to the water
treatment plant oh second
thank you yes labar yes nikai yes neil yes
yes thank you motion cares unanimously
thank you thank you all right number six public comment on
items not on agenda suzanne do we have anyone this evening we do ma'am we have
two the first person signed up is in the audience kitty
walker okay
okay am i close enough it's here let's say just say hello hello
am i close enough yes yes okay so my name is kit marie walker i'm a resident
of woodland park and um i would like to start
my comments with the gospel of matthew chapter 12 verse 25 and it says
jesus knew their thoughts and he said a kingdom divided
will be ruined and a city or household divided will not stand and i'm bringing
this forth as the last few months i've
attended the council meetings and it is apparent that the council is divided and
the members of the
woodland park citizens and business owners that have
addressed the council also appear to be
divided against the council or the council against them
so anyway um
the lord gives a solution psalms 133 says where there is unity god
commands a blessing so um
i believe that the hearts of the council is not for division
and i would like to pray over the council so
father i just lift up the willow park city council right now in jesus name and
i thank you lord that you know their thoughts you know their hearts and
as i believe their hearts are not for division and i
thank you lord that you give them the solution that unity is a solution i
believe that they would like they they want will in part to be blessed and in
unity woodland park is blessed and the citizens and business owners of woodland
park want woodland park to be blessed so we just call upon unity and we thank you
for your blessings in jesus name amen thank you
thank you
okay next i'm not sure if he's in the
audience but i do have a sign up online for justin epperson
and justin if you are on zoom can you please
just raise your hand
okay no justin
okay that's all the public comment this evening okay thank you
so we're going to move on to number seven unfinished business and that's 7a
the approval of legal services agreement between the city of woodland park
and wilson and williams llp and the reason
this has come back is because i think that council
uh had some questions um of the attorneys to get some answers
by um
some false allegations from a critic and i think that council's
had that time i don't think that we need to wait until november and i do
have something i'd like to read because i'd like the record to
accurately reflect the correct law because it was posted also
in the papers and it was inaccurate and i just
normally when it's a person's opinion or
interpretation i don't think it needs to be corrected but when it's
um presented as if it was the truth and
accurate it does need to be fixed so at the august 5th 2021 regular
meeting of the council it was alleged that the council hadn't
held an illegal executive session at its july 1st meeting and a complaint about
the quality of legal advice provided to council by our current city's attorneys
were made several members of council have asked
the attorneys to respond to these allegations regarding the legality of
the july 1st executive session and to clarify which law was misread and what
law actually applied so the purpose like i said of bringing
back the attorney's contract and what i'm about to read for the record is the
clarification of the law which was asked for by council and a clarification of
our attorney's advice during that meeting
i also want this issue clarified for the public and for the purpose of the record
there were there was false information relayed in a public meeting and
published by our local papers had it been one simple opinion or
interpretation of the law stated then there would be no need for clarification
however even the papers published these false legal
infor the false legal information and the record must be corrected and i would
like to see the attorney's contract approved this evening
so for clarification the criticism of counsel and its legal counsel began by
citing the wrong law and then proceeding to excoriate counsel for violating a law
that had no application whatsoever to what council was discussing
the critique statute cited was crs 24-6-402
sub-section f-2 a portion of the open meeting law that
permits executive sessions to discuss public employees
this personnel matters basis for an executive session contains language
clarifying that members of the local public body who are convening the
executive session aren't personnel of the local government so discussion of
filling a vacancy on a governing body shouldn't occur in an executive session
called to discuss personal matters personnel matters
we met in executive session to discuss the
appointment to fill a vacancy and appointments to fill vacancies can and
commonly are discussed in executive sessions convened on some other basis
provided in the open meeting law under the assumption that section 402 f
applied it was also observed that it sure seemed like it was illegal
and then he encouraged council not to indulge in
technical or legal thin ice so let's clarify that the executive
session held on july 1 was not convened pursuant to section 402 f
roman numeral 2 but rather pursuant to an entirely different subsection
it applies to subsection 402b which permits executive sessions for the
purpose of receiving receiving legal advice from the city attorney
in this case concerning potential conflicts of interest of a dda board
appointee this use of an executive session is
common unremarkable and completely legal
the second criticism regarding the july 1st executive session focused on the
city our city attorney nina williams response to a question from council
member neil who asked whether going into executive session to discuss the
potential conflict was appropriate nina responded that there was a legal
basis for going into the executive session but she added in a in different
communities different councils have a different preference and customs as to
when they choose to go into executive session
nina expressed this well-understood fact by saying that different councils around
colorado have different feelings about going into executive session
in this advice nina was exactly correct the opens meeting law permits but never
requires executive sessions on specified basis
advice from attorneys or personal matters etc so municipal attorneys are
regularly asked are we permitted to go into executive session on this or that
basis attorneys are not asked do we have to
have an executive session because no one is ever required to have an executive
session council member neil's question combined is it a legal
inquiry with an is it a good idea inquiry the first inquiry is for the
lawyer to answer is it legal but the second inquiry is a policy matter for
counsel to decide not the lawyers respectfully the legal advice that nina
provided was completely correct we had the legal right to go into
executive session to seek legal advice by our attorney but did we have to no
council member zulawago could have asked his question on the diocese regarding
the conflict of interest and nina would have answered it there but instead he
asked to go into executive session which we had the legal right to ask for the
council voted on it which requires a two-thirds majority and it passed
therefore under section 402 b we adjourned temporarily into the session
nothing about it was illegal there was a grave mischaracterization of
the law and our attorney's advice in that last meeting i believe council has
now had the time to meet with and ask our attorneys to clarify what had been
misspoken and understand that the attorneys really
do know that their job that's why this contract
has been brought back before november i don't think four or more months is
needed that to see that our lawyers who have
doctorates in law and years of experience in this topic are less
competent than an untrained unexperienced critic
jeff wilson who represents us was the lead lobbyist on open meetings at the
general assembly for nearly 30 years he wrote the first and second editions of
the colorado municipal league's books on open meetings and open records of
colorado he knows our open records laws he knows the open meeting laws
and he certainly knows when we can go into executive session as does nina nina
is also an expert in land use and zoning laws and together they cover every area
of the law that we are concerned with and they come with stellar reputations
given that the correct information has now been put forth and it's understood
that nothing illegal occurred in regards to an executive session nor was there
improper legal advice given and council chose by vote to enter
executive session i would really like to recommend that we
approve this contract this evening i would like to recommend it without
further ado however if council would also like to speak i welcome that
thank you hillary
counsel anything further
it's interesting that all i hear is crickets right now
don i took your uh statement to heart and i want you to
know that i have not spoken to anyone here
not to nina not to michael
nobody about this issue after i saw the rendering
the legal opinion that hillary just saw the one correspondence i had was with
mayor pro tem labar when i
saw this on the agenda and i said do we have a problem
and the conversation we had in the in the
text was simply let's not discuss it let's
vet it in front of god and everybody and and see where it goes so i was one
that voted to hold off the um
[Music] contract uh that's how i cast my vote
last time once i saw a legal interpretation of what we were we were
being accused of i formed a different opinion on the legal services and i am
ready to cast a different vote so for the record those are all my thoughts i
have discussed this with no one
well i would like to simply start by saying
good folks can disagree and um
as technically accurate as all of what you've just read is i think that the
public perception which is what i see is that
they had no knowledge of what went on in the executive session so it would only
be speculation on their part but they sensed that something wasn't
right in the way we conducted ourselves and
that i think is the issue that underlies it
and so to
take a legal opinion against one of our citizens i get it i understand it but i
think in terms of what the undertone is what the people are seeing and saying is
we want transparency you didn't do it council and that's
something that we will pay the price for one way or another it was not done
properly it was done way out of context of how we normally do business
so have absolutely nothing against our
attorneys but my vote will reflect the fact that i thought some space since the
breathing time was a good thing and four of you did as well and i understand why
it's changed thank
you kelly or catherine i got nothing i would just say that i appreciate your
opinion robert it's not one that i share um first uh the general the person in
question is not a citizen of woodland park
as a business owner but i
have the utmost respect for this firm and think that it
the the two issues are not related and i don't see what the other issue is
because we've we have responded many times and
there was no shadows or shade for anything else
that occurred it was a vote
and
the folks that were appointed were appointed
on that vote and will move forward thank you
thank you kelly all right so then council can i get a
motion
i'll make a motion to approve the legal services agreement between the city of
woodland park and wilson and williams llp
i'll second
lavar yes nikai yes
neil yes sue lavaga
no case yes thank you motion carries 4-1
thank you council and we're going to move on to
item number eight ordinances on initial postings eight a's to consider ordinance
number 1403 and
the presenter is nina
good evening council um this
um franchise this agreement renews the gas franchise with black hills energy
for 20 years five years the prior franchise was for 20 years
jeff wilson negotiated all terms beneficial to the city were
carried forward um they originally omitted but we made sure to get them you
know get back into the agreement just to go over a few points um the
franchise continues a three percent franchise free fee that's pretty
standard like a rental fee for the use of city streets
um for infrastructure the franchise fee is adjustable every five years if
desired some new asks from black hills in this
franchise were primarily towards cooperation when street cuts impact them
and their infrastructure and when the city projects
which city product projects require relocation of their infrastructure
i believe the uh carly dollar west is um attending via zoom if there's any other
uh questions for um her she represents the franchise
um if i have any questions or if i don't want to annoy
um no the franchise agreement is pretty much the same as it was before
with a few exceptions like nina said um just primarily oriented around the
additional proactive communication between the city and black hills energy
if a major construction project like redoing a street is
going to be happening we need to let black hills know so if they need to
relocate their their infrastructure they can do so
there's also some new language in there about
advanced communication on annexations uh the city does annex new property into
its city limits that needs to let black hills know with a little bit more
advanced notice so they can get those properties set up in their
system but pretty pretty straightforward three percent as nina said it was pretty
standard um so not not too many changes
council any questions it's been three percent as long as i've
been around a long time
i i do have a comment because i did receive a
[Music] comment from a citizen and here's some
transparency folks um patricia stinner who's sitting in the audience
helped run my campaign and she is one of my
biggest critics she will challenge me on anything
and she asked me to look into some language in this particular contract
which i did now a little bit is because i have
studied law i'm aware that you don't list
negatives i guess it's the best way and i don't know the exact legal term for it
need i'm gonna struggle a little bit you do that it has to do with
the document is giving the franchise the access over
public right of ways the question that i was asked had to do with what
about private right of ways or private
easements because
we are not specifically putting it into the contract that does not imply
that it's there so by the mere fact that it's not
in the contract it means
it's not implied that they get easements over
they have the rights to go on private easements
and i think i've captured that and i hope i've captured
the concern adequately and i've addressed it to everybody if you had a
similar concern over that language and i'm kind of a head nod are you
comfortable with the explanation okay
yeah it's up to the mayor pro tem whether
there's public comment sure that's fine you can come up to the podium if you'd
like
good evening counts good evening council citizens patricia stinner woodland park
so i hearken back to a similar franchise agreement
that it came at an awkward time for the franchise because at that time in 2015
when peak internet approached the city
internet and fiber optics were not yet legally recognized as utilities they are
now they are legal public utility functions so um
when peak internet um
operated on their agreement with the city they did come through our public
easements and i allowed them to i invited them to
i thought that um fiber optic was going to improve
everybody's property values and it was a little intrusive they're
water boring damaged some things they did cause some erosion that they
did not come back and repair not on my property they repaired my property but i
continued to hear people complain about those two or three years when they were
active and this isn't a slight on peak internet
they certainly went through the right channels they received the city
administration permission to access the eastmans the easements were not
specifically defined nor acknowledged nor addressed
in that agreement similarly um
i don't believe private easements are addressed in the old tds agreements or
any of the other agreements um is the law has changed it's come to
my attention because i was doing my diligence and
finding out about the whole fiber optic thing coming
through my private easement and i was told five years ago that
if a subdivision is planted with utility eastmans those utility easements are
presumed to be for that development
and what we saw coming in um in 2015 2016 2017
we saw the existing properties of northwoods
sacrificing and being burdened by um
utility installment for uh
future developments that still aren't developed
so i understand what you're saying councilman neil and i thank you on such
short notice by the way mr neil didn't get this letter until like
15 minutes before the meeting or something it caught me by
it caught me off guard that this was going to be coming up tonight but i
think you understand my concerns the private easements were not specifically
addressed nor defined nor specifically omitted and peak internet did use our
private easements and not all citizens were okay with that i'm wondering if we
can prevent future turmoil and and i am not a no growth person as i said i
invited peak internet to come through my property
and to board through my property and to have access through my property to get
to another property and that's why i got in trouble with another developer
because they use access to my property they didn't otherwise legally have
so private easements i think should remain private
um seeing fiber optic buried in the ground is a lot different
than a gas line coming in so i asked council to please
work towards the effort of protecting our private easements in the city for
the residents of city park not just the residents but for the developers as well
and please look into that before you sign this agreement that's all i'm
asking and councilman neil thank you um i i understand what you're saying you
ask me if i accept your statement can i live with it absolutely i'm just asking
for counsel to be a little more astute and just take into consideration that
private easements might be temporarized here
mayor pro tem may i respond sure um since this is the initial posting yes
and we're going to take a vote whether to move it to the next phase
[Music] may i make a commitment to you that i
will sit with the attorney and if necessary or the
the city staff i guess it is would be the appropriate people sally i'm
kind of watching your head shake and if we need to we'll get a
zoom call and bring you in so that we if there is some language that would make
you more comfortable or we feel is appropriate i'm not making any promises
i'm just saying i'll facilitate a follow-up situation well certainly
that's all i that's more than i could ask and i'm not trying to be an
obstructionist i'm not trying to put a damper on the agreement obviously we
need that agreement right i'm just asking if we can do it better
i agreed thank you thank you thank you thank you so patricia i'd like to
pick you back on what you have a friend down in colorado springs
and he just spent ten thousand dollars on his driveway
and the
fiber optics came through and they wanted to bore through his property they
talked to him they negotiated what it was supposed to be and then when the
workers came they totally changed the plan
so the the boar which was shallower than
was proposed and it was going to affect his brand new work
so he had a heck of a fight
and as far as i know that's not even resolved yet in terms of getting
satisfaction to the protection of his own property they had the right to come
through the easement but he had no say in it so i think you're making a really
good point thank you i know that um standard by
standard anymore utilities go in through the street eastmans those are public
eastmans different from private eastmans when when you have a utility coming
through people's backyards and destroying landscape and not coming back
because there was not foresight enough to put
repercussions in for the utility that came through what if you damaged
property you're going to fix it that wasn't in there it was never addressed
so again i'm not trying to be an obstructionist to
black hills energy to come through they need to develop we have populations
growing i'm just asking for city council to please put some thought into
protecting our private easements we do have public right-of-ways most paved
streets and even dirt alleys have easements that are broader than the
street itself and perhaps your friend's driveway was paid over one of those
eastmans i don't know the city there was a sidewalk easement okay well in a
sidewalk is a public right-of-way so anyway i appreciate that council let me
come in tonight and speak i wasn't expecting to
so and thank you councilman neal for
bringing it up thank you robert also
and i'll be willing to anything that i do
definitely a chair because i think your concerns are very valid also
we can work kind of with the attorneys in the cities
well well i have a second i have a second question i don't know if this is
directed at you michael or with this is in the law of it
so this has been going for 25 years they have a three percent fee that they um
pay us for that use has a costing been done by the
treasury by the uh finance department to see whether that is offsetting the cost
to the city and whether that is still a profitable margin or a fair margin for
the city or we just assume three percent is fine and we're just going ahead
as far as i know there's been no analysis done i'm not sure
if it's possible to quantify the impact this is a rent it's not like a
construction project or something that we're incurring costs that need to be
covered it's a rental for the use of our public right-of-ways
so it's not a cost recovery
position does that make sense for you it makes
sense but it doesn't cost us anything when they come in and use that easement
does it cost the city any money at any point i think so no okay well i could
that's and it's just generally to recoup the cost of wear and
tear on city infrastructures generally what franchise views are
anything further needed
oh um yes i know you know rust is gonna speak with sally to explain and you'll
sit down um you know with your constituents but i just wanted to point
out you know this is an agreement with the city and
in in the first section franchise granted it's um granted
on president future streets alleys avenues
bridges public right-of-ways and public easements
um of the city so it it it it uh
quantifies or explains that it's the public yeah anything public
so then the question is quite like it's been presented here when it comes to
having to go across private land what is the protocol what's the law
say in terms of that access what if what if for example
mrs sinner said no uh i don't want you doing that this time
what would be the impact the city said yes but the private
uh homeowner said no well we're granting the franchise on
public streets right-of-ways um i can't speak to the um each individual prior
property because they might already have utility easements that are on the
property when they purchased the property but um
so does that make that utility easement is the city easement shared with the
homeowner so it's a moot point is that really the point
it depends on each property but we'll have a better um
i guess explanation point out you know which sections
have this type of provision that makes make sure that everyone is comfortable
fully comfortable that it's over public right-of-ways and
public easements that already exist all right it's fine
i just don't i i guess i'm having struggling to see where our authority
lies in private easements i have a private utility easement on my
private property and if there's something going through
there i'm notified of that but i knew that
that easement was there when i purchased the property
and so i accepted the property with that knowledge and condition of the property
and know that i can't put any permanent structures there that would inhibit
the access of utilities to run through there
because it is a use and it's recorded it's on the plat it's a utility easement
so i struggled to see the relevance of the city's public right
of ways which this franchise agreement addresses
and the public right or the private right of ways because i don't see them
as being related i agree
this is the 25 year old contract and um once again uh only because i know
personally miss dinner has an issue at her is that your backyard side yard
whatever between you and your backyard and it's a huge beagle pit now i don't
know whether the cause of that was by a utilities company or not but
if it's been 25 years and we haven't challenged how it's happening and there
is an issue like if you want to explain what's in your backyard go ahead but or
on in that easement area there but uh from what i know that the city can't get
in there and fix it i don't know all the details of it but it's like
it's it's an issue to those homeowners and it's not resolved so if what this 25
year old contract is plays into some of those things that aren't being resolved
is it value to look at it that's smiling yeah and we would have as a city as xero
saying we don't have the authority to um grant anything over a private easement
and this is clear that it's above streets alleys avenues bridges public
right-of-ways and public easements i can't say that i know my property this
utility easements over that i purchased you know with the knowledge of but
that's not a city easement over the private property this is you know
the city's is con is um the party to this contract and
when it's versus franchise granted it's clear that it's only public right of
ways in fact it says public ease and doesn't
include private easings we have no rights you know um
to that streets alleys avenues bridges public right aways and public easements
okay that's true it's clearly not it's not private and
trish understand i'm not belittling or making any less of your concerns by any
way i just think that they belong in a different place
because this is strictly over public um right-of-way easements and access
thank you councilman case i i understand the intent um of of your comment again
i repeat private property
was not specifically addressed in the peak internet negotiations they
came through private property and citizens did not have a say about it now
most citizens were it just like myself it wasn't a problem the drainage thing
that's a problem but that came that preceded me okay so i
bought the property like you know about your easements what we're finding in
colorado law and this is something i'm not an attorney and i'm not going to
pretend to be one but one of the issues i would like to see council
address or at least entertain and consider is easement law has changed in
colorado with the introduction of the expansion of fracking
what used to be of easement in perpetuity in colorado law apparently is
no longer in perpetuity it has a lifespan of 15 to 20 years therefore if
you're in a subdivision that was planted into the years 2000 or earlier
and those utility easements have not been built there's no infrastructure
within the easement those property owners could very well
come to you and say my attorney's recommending that i close
off that easement and for peak internet would i do that no
i invited them on to my property for a gas line i might think twice
also
thank you
okay council can i get emotions
no it's a long one but i'll go ahead and make it
i'd like to make a motion to
approve the initial posting of ordinance number
1403 series 2021 granting black hills colorado gas
incorporated dba black hills energy it's leasing successors and assigns a natural
gas franchise and the authority to construct operate
maintain and extend a natural gas distribution plant and system
granting the right to use the streets alleys and other public places within
the present or future corporate limits of the city of woodland park consent the
public hearing for september 2nd 2021 very good
i'll second
nikai yes neil yes
yes yes
yes thank you motion carries unanimously thank you
moving on to nine public hearings we've got 9a for um to approve number 1401
series 2021 an ordinance approving the purchase of certain water shares and kip
wiley is presenting thank you council before you tonight
ordinance 1401 um as you recall on august 5th 2021 you rep you approved
resolution 878 for the purchase of this water share and this is coming back
forward forward to you because water shares are considered real property and
you need to accept it as that real property so
before you tonight and i recommend an approval of ordinance 1401 for the
0.6 shares in twin lakes reservoir in colorado canal company and
recommend approval after the public hearing
council any questions or comments
seeing none can i get a motion please
it's okay suzanne do you have anyone online no man okay is there anyone in
the audience seeing none
may i have a motion i'll make a motion to approve num to approve number 1401
series 2021 and ordinance approving the purchase of certain water shares
i did you you know you don't have to read the
whole thing can i get a second
oh i'll second it
neil
yes thank you emotion gears unanimously thank you thank you
and now moving on to nine b's approval of ordinance 1402 series 2021 to vacate
common lot lines and the presenter is sally riley
and i'd just like to briefly remind council this is quasi-judicial please
stick to this topic and this topic only thank you mayor protem
labar this is ordinance 1402 to vacate a
common lot line between
and easements between lot 14 c in fairway pines filing number 2c
which is 240 iron eagle point
and lot 15 which is fairway pines filing number two
and addressed as 250 eagle iron eagle point
as requested by john paul and jill shulman
they are the property owners and this is in a pud
in fairway pines
so sharing the exhibit
this is a private access easement that
dead ends so to speak at these two lots the shulmans have purchased both lot 14c
and lot 15 they intend to build a home
after these lots are combined so as a result
the common lot line and the easements these are public easements across
private property are proposed to be vacated
uh i think the shulmans were going to be here but i'm not
right right behind me
so the owners are here if you have any questions of them staff does recommend
approval and all the utility companies have reviewed this as well as our own
staff and recommend approval thank you council just briefly for the
record i did sell those lots but i worked for the
seller not the buyers and i have no interest in these lots whatsoever so i
just want that on the record um council do you have any questions or
comments or would you like to hear from the party at all
well i think for the record i think i've met them
and they don't even know it i've walked my dog by their you you have that
little rv right now yeah we're future neighbors
um hello so full disclosure
they're my neighbor [Music]
very good council can i get a motion for approval then publication
oh public hearing every time every time
we're here for you suzanne do you have anyone online no ma'am okay is there
anyone in the audience seeing none
now may i please have the motion i'll make a motion to approve ordinance
1402 series 2021
to vacate the common lot line in public utilities and drainage of private access
easements as described in the presentation by the
planning director
yes yes
lavar yes nikai yes neil yes thank you motion carries unanimously
thank you thanks sally
all right moving on to 10 new business we have 10a approval of resolution
number 881 and kip wiley's presenting that as well
thank you before council's resolution 881 to
allocate 32 taps to a this project on brecken heights now
the reason this comes to council is any multi-family project triplex or larger
tabs can be allocated because in 1997 our tap management plan limited the
number of taps you could sell to a developer or a builder in any given
month and this allows for multi-family projects to build
multiple units at the same time
so before you tonight is 32 taps these taps would come out of the
multi-family bank currently the multi-family bank has 64 taps in it
where do we get those taps those come from the single family bank so
council also has to approve transfer from the single family bank to the
multi-family bank first of the year when we did the
the annual allotment we had around
503 taps don't quote me on the number in the single-family bank and we had
we had additional taps in the multi-family bank but to date uh council
has already approved eight multi-family taps for um a project on
baldwin street uh and then this would also come out of the same bank
uh what's interesting i was just telling sally is it's the
year of 32 we've sold 32 taps so far this year we are requesting 32 taps for
this project and we have 32 tabs left in the multiple bank
so good job yeah kind of interesting fact
sorry um
[Music] so uh
the developer has requested these taps there is a list of criteria that have
were established there are 11 criteria and then the staff report i went through
in indicated which criterias they met they
they met most of the criteria not all but most there is no
uh definition on if they even have to meet them all or any so it is up to
council's decision on whether or not to allocate these taps to this project
this project is 16 duplexes that are built on a crawl space they
consist of about 1400 square feet
484 square feet of garage space it's approximately a two-car garage
there are two floor plans available that include two or three bedroom units with
two bathrooms next year finishes will be stucco and
stone and available in earth tone colors
wrecking court also will be a road that's put in with five
foot sidewalks and access to additional sidewalks that are in the
area with connection to
across the street which would be walmart i'm here to answer any questions but
staff has looked at this and recommends approval
uh for the 32 tap allocations
chair council yeah i have one question kip uh on the
um the background information that was
provided under the conditions of approval there's a sentence that says
the developer is requesting the approval of 53 water tap allocations for the
multi-family project um can you connect the dots in my head
53 versus the 32 yep that is a typo in my staff report the resolution is
correct uh so thank you for pointing that out and i swear i put in 32 months
okay so 32 is that number correct way to go
i just have one comment just for the record um this development is going in
across the park from my house so if anybody thinks i'm going to be biased
let me know
so um back to your 32 so do you see any other
development happening that's going to require more allocation multi-family
caps this year great question uh if my crystal ball was
that clear i would not be sitting here um however what is interesting about
this project and i failed to point this out is the developer actually could
build up to 80 units on two lots here they are
basically dedicating one lot to the city that they could have built a number of
lock or units on and then even this lot one where the 32 units are going they
could build up to i believe it was 46 so we are actually
getting units back into our bank with this development
yeah i recall when this was before us a while ago i i like this development i
thought it was very very sound so
my question was simply with regards know forward moving
it simply means it's got to come back to council to allocate more into
multi-family if there's going to be more this year uh for a different development
for any other for any other project yeah anything triplex or larger okay
great no other questions thank you counsel anything further
can i get a motion public hearing
suzanne do you have anyone no ma'am
is there anyone in the audience okay seeing none now they have a motion
i will move to approve resolution number 881 series 2021
establishing 32 multi-family residential water tap allotments for lot line of
breaking heights
yes thank you motion cares unanimously excellent
council we're at number 11 already that's six minutes remember i said
because no it won't be 30 minutes all right so rondo 11 reports
i don't have any special announcements just um the motorcycle that's right yeah
the veterans rally uh is um saturday and i think tomorrow well as
well it's also tomorrow yeah so i was going to give that to you so i'm happy
too good um the 39th annual
2021 salute to american veterans rally and
the
uh is it the 30th 29th uh pow mia recognition ride to
creek or through creek is this weekend beginning tomorrow afternoon
um they will have the red t-shirt giveaway
in the park you'll probably notice there were some tents and things going up in
the north end of the park in preparation for the rally
it's it's a
very timely celebration of our veterans in our
community in our state in our country we've seen some pretty disturbing things
as of late going on and
i think there's a number of veterans that have served that are
feeling some disappointment or some different feelings right now so it's a
great opportunity to honor those that have served
and protected our freedoms there will be a
boatload of them here over the weekend so please thank them when you see them
for their service join us if you can the tomorrow
afternoon is friday in the park there's vendors there's going to and saturday is
the ride we are gathering between 7 30 the ride
will leave probably at 10 o'clock the last
registered motorcycle will be ryder will be at night at
9 30 promptly leaving at 10. the roads will be blocked and highway 24
blocked from 9 30 until about 10 45 i believe so plan accordingly
we all know that we all know how to get around town without the use of 24.
um go east and you'll get behind them um and then the rally in town on
saturday and the ceremonies they are actually giving away a
modified motorcycle three-wheeler for a veteran
that has many different special needs they've
flown him in i believe from chicago to honor him by presenting that motorcycle
to him getting him back on the road um here at our rally so that'll be a a
tear jerker i'm sure and then
there will be bands there will be a beer garden there will
be vendors and good camaraderie and opportunities
to thank those that have served our country so i hope to see you all there
i won't be riding this year but
look forward to celebrating with everyone
thank you hillary catherine i don't have anything
i had two liaison meetings the first one was a special
meeting for the historic preservation committee on
august 9th it was a very simple meeting in which a historical building
located at 720 west highway 24 was requesting to re-roof
uh the building it was approved that's all i have for the historic
preservation um in terms of the dda we had a meeting
this past tuesday it was
a little confusing at first it was going to be a workshop that it
was announced as a special meeting we did go through the process
of voting to make sure went back to a workshop
status officially no business was conducted there was a
lot of topics that
are under consideration nothing
that i i'm going to go into any depth for sake of time
um yeah firstly with regards to the
veterans rally if any of you know any veterans who are struggling with
post-traumatic syndrome or depression or suicide or
anything like that one of our prior council members paul
sonja is part of a team who's organizing a
retreat fishing kayaking stuff like that
i'm not sure when the the closure date of applications is but it's coming up
here in september the events coming up september so if you
do want to refer somebody either
contact me or paul paul paul probably is a direct one but if you don't have his
contact information um
secondly i also i'm excited to see how uh this
maiden voyage for the veterans rally uh flies here in uh woodham park so
it'll be an experiment and the debriefing afterwards to see how how uh
we all do with it so i welcome them with open arms and look forward to what's
going to happen as far as the ppacg
some interesting workshops been happening uh this week
educating coloradans about some laws that are coming down with regards
electric vehicles with regards uh transport train transport and stuff like
that um
a little disturbing a number of us were concerned that these mandates are coming
down from the state to turn the state majority of electric vehicles in a short
period of time and forgetting the fact that as a at
least one of my concerns was you start making all these electric
vehicles well all the all the batteries are
manufactured in china so what's that do for uh energy
independence what's that do for uh security
secondly is all issue of the disposal of the batteries um you know nothing said
about it oh yeah it's free energy it's it's clean energy but it's not when you
look at the recycle end of it so those issues haven't really been discussed
and uh there was a number of people on the ppa
zg who had different tactful questions about where this is all going
so that's one and then of course like here we are where it's so cold a
battery's supposed to last 300 300 miles but when it gets cold it's not going to
go that far and just imagine yourself in a snow drift with your battery going
flat so there's a few things that don't seem to be worked out but it's coming
our way the second one is electric train or not
electric trains uh is trains across the state and there's a whole deal with
what that infrastructure is going to look like it's not going to affect us
but anyway that's all from ppacg
and i like oh bye
i did forget one thing for my ladies
and it didn't occur during the workshop but as a liaison
i wanted to report that elijah murphy did resign effective yesterday
for the reasons that he stated uh at the last council meeting i had reached out
to him and asked him to reconsider i think he's got some concerns that i
too have and was hoping that we could put both
sides of you know the division of the city into the room and work together and
work through it to see that people on both sides are
hardworking he reconsidered but still uh stood on his resignation and it was
effective as of yesterday very good and suzanne that reminds us that we need to
advertise both positions now thank you thank you
all right nina
i don't have a report but i just want to thank the council for their faith in us
for the city attorney um when we first were asked to apply in february a lot of
people warned us about the challenge but it's something that isn't
the least but it's something that's important um
to us it's part of our mission why we do this work um especially where we embrace
the challenge but also where we see that there's um
you know the impact that you're all collectively making and you are all are
um you know really making steps
good really good steps to for that towards your community and you have a
really good staff that we're also honored to work with um
so thank you very much and also i think you all met elliott brownies our new
attorney so now
he's uh started we had meetings about half the day with different staff and
working on different um things so we we really enjoy working
here and um thank you thank you nina is he old enough to have
gone to school and really graduated
he didn't know what e.t was [Laughter]
but that's a compliment yes he's he's um i've been a lawyer about two years um
graduated from colorado so nice yeah very good welcome
and yes welcome let me get you
um so first a question for the council very
important question what is the difference between a well-dressed man on
a bicycle and a poorly dressed man on a tricycle
one wheel a tire
um in a little bit more serious vayne um
[Music] if you'd like to know more about the
veterans rally uh there's a really helpful website the
veteransrally.org uh has a lot of details about the ride itself it has a
very well detailed program in terms of the timing and everything
and i believe routes may be on here as well a list of closures and locations of
closures are on the city's website citydashwoodlandpark.org so some some
final helpful resources for you um
we are full on the citizens academy we
filled up quite quickly and so uh we do have a waiting list the waiting list is
also quite long um but you know there's always a chance
um but we we thank folks who have signed up and taken interest in that that's
really exciting um the keep woodland park beautiful
community cleanup is saturday august 28th
uh from 9 to 12 registration will start at 8 30 in the
morning at the upass cultural center uh midland
pavilion so we'll get another
shot at cleaning up our community went really well last time we hope to see you
there thank you for considering that and then finally a really exciting note
to end on sales tax and lodging tax that you know it actually is kind of
exciting in a sense the city is doing uh pretty
well in these areas sales tax year to date is up 13.4
percent over 2020. um
things slowed down a little bit in may of this year uh you know 7.6 percent
growth in me i'm still pretty good but we've in june we started seeing this
double-digit year-over-year growth again so um things continue to do well here
um i know that there was a 15.8 percent
increase over june of last year for sales tax just for the month of june
um as we all know and probably are feeling at this point inflation's a big
part of that um
the consumer price index increased 5.4 over the 12 months prior which is the
biggest increase uh since august of 2008
and so um i i found uh some
yes yes i found it interesting that uh the price
for used cars has increased 41.7 percent over 12 months prior
um sell our cars sell our houses i just
will just have to walk and i can't help you with that yes
yes um
and so energy costs obviously are going up across the board to regardless of
what they are so um on lodging tax it's it's much the
same story uh year to date we're up 68 and a half percent uh through the end of
june over 2020 um we're gonna start to see some kind of
stabilization uh in that
lodging tax we were having triple digit growth over last year because if you all
recall we've told you for months about microtel opening and then having this
lodging rev software system uh to better capture watching tax revenues well it's
been a year since then and so we're kind of we're kind of doing one of these
leveling off things um that said we we still have lodging
tax increase by uh 10.7 percent in the month of june
well and wasn't lodging still closed down pretty much at this point last year
or had we started to open again i don't remember
you know we forget those awful things that happen in our lives dad miller is
shaking her head no thank you were we okay
thank you so much she should have known she would know
so even better news on that point so people are coming to win the park
they're staying in woodland park and hopefully well they're spending money in
woodland park i mean here it is so um and that's uh that those those are
the highlights we do of course have supporting documentation uh if you like
that's all i got
the finance directors oh
our brand new finance director this is dave four from mr vasilati he has joined
us online um he's jumping in with both feet
hair on fire no doubt but he's got a great attitude you never
know it um i don't know if aaron can speak but uh i don't know if i want to
put him on the spot either but uh um he
uh aaron is is working remotely for us at the time as as all of us know it's
kind of difficult to find housing in this area
uh right now and so he's working through that he's doing his best but uh he's
he's already made great contributions he's
teaching me stuff about accounting already um and so i'm grateful for that
in a matter of speaking um
but he he knows it all so we're grateful to have him
awesome great anything further
all right and this meeting is adjourned