1 00:03:44,319 --> 00:03:47,319 2 2 00:10:45,120 --> 00:10:53,440 yes and start with roll call mayor pro tem levar president 3 00:10:50,720 --> 00:10:59,440 council member alfieri is absent council member case here council member 4 00:10:56,240 --> 00:11:02,560 nikai here council member neil here council members of the wagga i'm here 5 00:11:01,839 --> 00:11:08,279 thank you [Music] 6 00:11:04,399 --> 00:11:08,279 all right pledge of allegiance 7 00:11:25,519 --> 00:11:28,519 america 8 00:11:32,079 --> 00:11:38,959 on to number three ceremonies presentations and appointments we have 9 00:11:36,000 --> 00:11:43,600 3a which is a proclamation recognizing the organizers of the 2021 old-fashioned 10 00:11:41,440 --> 00:11:48,560 fourth of july celebration and michael lawson's going to present 11 00:11:46,000 --> 00:11:51,440 yeah thank you mayor pro tem um just briefly 12 00:11:50,399 --> 00:11:55,279 we we had a wonderful fourth of july event 13 00:11:53,680 --> 00:11:59,760 here something that we went without in 2020 14 00:11:57,120 --> 00:12:04,480 and it came back in 2021 and we had a team of folks that helped put that 15 00:12:01,120 --> 00:12:08,000 together um led by gail gross and a lot of volunteers and some city staff and 16 00:12:06,399 --> 00:12:11,760 some great sponsors and uh it was a great turnout it was 17 00:12:10,160 --> 00:12:14,880 seemed like everyone seemed to enjoy it i know i certainly did 18 00:12:13,440 --> 00:12:17,600 um and so we wanted to recognize the amount of effort and all the different 19 00:12:16,560 --> 00:12:20,240 folks who invested their time in making that 20 00:12:18,880 --> 00:12:23,040 happen so um 21 00:12:21,120 --> 00:12:28,160 it it should be said that that used to be something the city put on in the past 22 00:12:26,079 --> 00:12:31,360 um and with covet and everything else changes in staffing and budgets that 23 00:12:30,320 --> 00:12:36,800 wasn't something we were going to be able to do and so we appreciated 24 00:12:34,320 --> 00:12:41,440 folks coming in to fill that gap and make that play on behalf of the 25 00:12:38,160 --> 00:12:41,440 community so that was really cool 26 00:12:41,519 --> 00:12:46,720 all right now i have the proclamation in front of me so i'm going to go ahead and 27 00:12:44,240 --> 00:12:51,519 read that out loud for the record the proclamation recognizing organizers 28 00:12:49,120 --> 00:12:55,600 of the 2021 old-fashioned fourth of july celebration whereas the city of woodland 29 00:12:53,600 --> 00:12:59,519 park takes pride in celebrating american independence with its annual 30 00:12:57,040 --> 00:13:04,240 old-fashioned fourth of july celebration a long-standing community tradition and 31 00:13:02,320 --> 00:13:10,560 whereas the celebration was cancelled in 2020 due to the covid19 pandemic at one 32 00:13:07,200 --> 00:13:14,480 time uncertain to return for 2021 and whereas gail gross of soar took the 33 00:13:12,560 --> 00:13:18,560 initiative and stepped in to organize the celebration for the first time and 34 00:13:16,240 --> 00:13:23,200 invested many hours and our personal resources on behalf of the woodland park 35 00:13:20,560 --> 00:13:27,600 community and whereas was assisted by a large group of dedicated volunteers and 36 00:13:25,360 --> 00:13:32,079 city of woodland park employees both leading up to the event and on the day 37 00:13:29,360 --> 00:13:36,320 of the event itself and whereas many sponsors both from within and outside 38 00:13:34,160 --> 00:13:40,639 the woodland park community pledged financial and in-kind support to help 39 00:13:38,480 --> 00:13:45,040 make the celebration a reality and whereas the celebration was a major 40 00:13:43,279 --> 00:13:48,800 success evidenced by the largest attendance that anyone could remember 41 00:13:46,800 --> 00:13:53,279 and brought a welcomed sense of normalcy and enjoyment to thousands of attendees 42 00:13:51,360 --> 00:13:57,839 now therefore the members of the city of woodland park city council hereby 43 00:13:55,360 --> 00:14:03,680 recognize gail gross and soar event volunteers city staff and event sponsors 44 00:14:00,720 --> 00:14:07,920 of the 2021 old-fashioned fourth of july celebration the celebration faithfully 45 00:14:06,079 --> 00:14:11,839 honored both of our our nation and our community giving the residents of 46 00:14:09,440 --> 00:14:16,079 woodland park teller county and visitors a much needed opportunity for fun unity 47 00:14:14,399 --> 00:14:20,480 and patriotism in the midst of a challenging year on behalf of the 48 00:14:18,240 --> 00:14:23,920 woodland park community the council expresses its gratitude for the hard 49 00:14:22,240 --> 00:14:27,760 work of all involved in making the celebration 50 00:14:25,760 --> 00:14:32,560 success thank you gail very much thank you 51 00:14:34,639 --> 00:14:39,720 i'd like to give you this proclamation as well 52 00:14:41,100 --> 00:14:44,159 [Music] 53 00:14:56,639 --> 00:14:59,839 thank you 54 00:15:09,760 --> 00:15:13,839 many thanks to everyone that helped you 55 00:15:15,839 --> 00:15:19,680 i want to make this did she want to make a speech 56 00:15:20,480 --> 00:15:24,399 council wants to know if you want to speak girl 57 00:15:33,519 --> 00:15:38,880 first of all i want to thank you i've never had embarrassed pain so i'm very 58 00:15:37,120 --> 00:15:44,160 excited about it and i just want to thank everyone who 59 00:15:41,120 --> 00:15:47,600 participated yes it took hours on my part to put it together 60 00:15:46,000 --> 00:15:53,920 but without the people that were participating it wouldn't have happened 61 00:15:50,000 --> 00:15:58,399 so the the vendors and the sponsors and everybody that helped out on the day of 62 00:15:56,240 --> 00:16:02,240 and i do have a few of the people here with me today 63 00:16:00,079 --> 00:16:06,480 everyone was invited but a lot of people are on vacation and couldn't be here but 64 00:16:04,639 --> 00:16:12,480 we do appreciate the city of whitman park and we look forward to expanding 65 00:16:09,519 --> 00:16:18,839 upon it for next year and make it making it even better 66 00:16:14,959 --> 00:16:18,839 thank you thank you 67 00:16:22,880 --> 00:16:29,680 all right four additions deletions or corrections to agenda none 68 00:16:26,800 --> 00:16:35,360 we've got consent calendar number five five a's approval of the august 5th 2021 69 00:16:33,360 --> 00:16:40,880 regular city council meeting minutes and b is approval contract in the amount of 70 00:16:37,759 --> 00:16:43,440 35 for 96 timberline electric suzanne 71 00:16:42,160 --> 00:16:48,240 you'd like to take a and then if we have any questions 72 00:16:45,279 --> 00:16:52,399 about b we can sure we can do that so what i would look for this evening 73 00:16:50,399 --> 00:16:56,480 council is a motion to approve the august 5th 74 00:16:53,839 --> 00:16:58,959 2021 regular city council meeting minutes 75 00:17:00,000 --> 00:17:06,319 oh i'll make a motion thank you a second 76 00:17:04,799 --> 00:17:12,640 thank you peace 77 00:17:07,280 --> 00:17:18,880 yes lavar yes nikai yes neil yes zuma yes thank you motion cares unanimously 78 00:17:16,160 --> 00:17:23,919 the second item as mayor protem mentioned that we have on the consent 79 00:17:20,959 --> 00:17:29,600 agenda is a contract with timberline electrical control corp and director kip 80 00:17:27,280 --> 00:17:34,880 wiley is here to answer any questions if you have any particular questions about 81 00:17:32,160 --> 00:17:34,880 this contract 82 00:17:36,320 --> 00:17:41,039 council any questions yeah 83 00:17:39,120 --> 00:17:44,559 so kip i remember when we did citizens academy they 84 00:17:42,480 --> 00:17:49,760 took us through that whole process and i remember seeing those uh 85 00:17:47,760 --> 00:17:52,960 old-fashioned radios or whatever and that was a way of connection can you 86 00:17:51,120 --> 00:17:57,039 kind of just walk through what the technology difference is from what we're 87 00:17:55,200 --> 00:18:02,240 placing it with so we're we are replacing those radios 88 00:17:59,280 --> 00:18:05,679 with newer versions um in our town we have to go with radio frequency because 89 00:18:03,760 --> 00:18:10,160 cellular and low frequencies just don't work and then part of this package is 90 00:18:07,919 --> 00:18:14,160 also the controls to that so we have a redundancy backup to the plant if the 91 00:18:12,000 --> 00:18:17,360 plant computer goes down we can operate from the control 92 00:18:15,440 --> 00:18:20,320 in the scada yeah if i remember that's how 93 00:18:19,440 --> 00:18:24,880 the that radio control is actually linked to 94 00:18:22,960 --> 00:18:28,960 how it actually communicates or operates correctly 95 00:18:26,480 --> 00:18:32,400 correct yeah okay and they said from what i saw in the proposal it's going to 96 00:18:30,640 --> 00:18:37,039 last another 20 years is that right that'd be amazing 97 00:18:34,799 --> 00:18:40,799 you're not convinced well the original equipment is still in the plant the 98 00:18:38,320 --> 00:18:45,360 plant was built in 97 so it's lasted 25 years so okay we would hope this does 99 00:18:43,120 --> 00:18:48,640 the same okay and by that time we might have more 100 00:18:46,720 --> 00:18:52,960 sophisticated communication ability more than likely technology does 101 00:18:51,200 --> 00:18:57,160 feel pretty quick yeah all right thanks thank you 102 00:18:57,360 --> 00:19:00,080 anything further 103 00:19:01,200 --> 00:19:08,320 can i get a motion i'll make a motion to approve the 104 00:19:04,640 --> 00:19:12,400 contract in the amount of 35 496 dollars with timberline electrical control group 105 00:19:10,640 --> 00:19:16,080 for the system's controls and data acquisitions upgrade to the water 106 00:19:14,000 --> 00:19:19,919 treatment plant oh second 107 00:19:17,919 --> 00:19:29,679 thank you yes labar yes nikai yes neil yes 108 00:19:25,440 --> 00:19:29,679 yes thank you motion cares unanimously 109 00:19:29,840 --> 00:19:36,720 thank you thank you all right number six public comment on 110 00:19:34,400 --> 00:19:41,120 items not on agenda suzanne do we have anyone this evening we do ma'am we have 111 00:19:39,200 --> 00:19:47,160 two the first person signed up is in the audience kitty 112 00:19:43,440 --> 00:19:47,160 walker okay 113 00:19:56,799 --> 00:20:05,520 okay am i close enough it's here let's say just say hello hello 114 00:20:02,640 --> 00:20:10,320 am i close enough yes yes okay so my name is kit marie walker i'm a resident 115 00:20:07,440 --> 00:20:15,200 of woodland park and um i would like to start 116 00:20:12,320 --> 00:20:21,520 my comments with the gospel of matthew chapter 12 verse 25 and it says 117 00:20:18,960 --> 00:20:25,840 jesus knew their thoughts and he said a kingdom divided 118 00:20:23,200 --> 00:20:30,960 will be ruined and a city or household divided will not stand and i'm bringing 119 00:20:30,000 --> 00:20:37,679 this forth as the last few months i've 120 00:20:33,520 --> 00:20:43,039 attended the council meetings and it is apparent that the council is divided and 121 00:20:41,440 --> 00:20:46,159 the members of the 122 00:20:44,640 --> 00:20:50,000 woodland park citizens and business owners that have 123 00:20:48,240 --> 00:20:54,640 addressed the council also appear to be 124 00:20:52,640 --> 00:20:57,280 divided against the council or the council against them 125 00:20:56,240 --> 00:21:01,120 so anyway um 126 00:20:59,200 --> 00:21:06,720 the lord gives a solution psalms 133 says where there is unity god 127 00:21:05,039 --> 00:21:11,120 commands a blessing so um 128 00:21:08,240 --> 00:21:14,720 i believe that the hearts of the council is not for division 129 00:21:13,679 --> 00:21:19,679 and i would like to pray over the council so 130 00:21:17,679 --> 00:21:23,520 father i just lift up the willow park city council right now in jesus name and 131 00:21:21,919 --> 00:21:28,720 i thank you lord that you know their thoughts you know their hearts and 132 00:21:27,200 --> 00:21:33,039 as i believe their hearts are not for division and i 133 00:21:31,600 --> 00:21:38,320 thank you lord that you give them the solution that unity is a solution i 134 00:21:35,840 --> 00:21:44,080 believe that they would like they they want will in part to be blessed and in 135 00:21:41,039 --> 00:21:49,120 unity woodland park is blessed and the citizens and business owners of woodland 136 00:21:46,320 --> 00:21:56,240 park want woodland park to be blessed so we just call upon unity and we thank you 137 00:21:53,200 --> 00:21:58,720 for your blessings in jesus name amen thank you 138 00:21:57,520 --> 00:22:02,240 thank you thank you 139 00:22:00,559 --> 00:22:06,559 okay next i'm not sure if he's in the 140 00:22:03,919 --> 00:22:11,440 audience but i do have a sign up online for justin epperson 141 00:22:10,240 --> 00:22:16,960 and justin if you are on zoom can you please 142 00:22:13,919 --> 00:22:16,960 just raise your hand 143 00:22:19,039 --> 00:22:23,919 okay no justin 144 00:22:21,760 --> 00:22:28,000 okay that's all the public comment this evening okay thank you 145 00:22:26,400 --> 00:22:33,360 so we're going to move on to number seven unfinished business and that's 7a 146 00:22:31,360 --> 00:22:38,720 the approval of legal services agreement between the city of woodland park 147 00:22:35,360 --> 00:22:43,360 and wilson and williams llp and the reason 148 00:22:41,280 --> 00:22:46,799 this has come back is because i think that council 149 00:22:44,960 --> 00:22:51,440 uh had some questions um of the attorneys to get some answers 150 00:22:50,080 --> 00:22:55,760 by um 151 00:22:53,840 --> 00:23:00,880 some false allegations from a critic and i think that council's 152 00:22:58,640 --> 00:23:05,520 had that time i don't think that we need to wait until november and i do 153 00:23:03,600 --> 00:23:10,480 have something i'd like to read because i'd like the record to 154 00:23:07,120 --> 00:23:15,039 accurately reflect the correct law because it was posted also 155 00:23:13,520 --> 00:23:19,360 in the papers and it was inaccurate and i just 156 00:23:17,200 --> 00:23:22,159 normally when it's a person's opinion or 157 00:23:20,320 --> 00:23:24,960 interpretation i don't think it needs to be corrected but when it's 158 00:23:24,159 --> 00:23:29,120 um presented as if it was the truth and 159 00:23:26,799 --> 00:23:32,960 accurate it does need to be fixed so at the august 5th 2021 regular 160 00:23:31,120 --> 00:23:36,559 meeting of the council it was alleged that the council hadn't 161 00:23:34,559 --> 00:23:40,720 held an illegal executive session at its july 1st meeting and a complaint about 162 00:23:38,960 --> 00:23:44,000 the quality of legal advice provided to council by our current city's attorneys 163 00:23:42,960 --> 00:23:46,880 were made several members of council have asked 164 00:23:45,520 --> 00:23:50,720 the attorneys to respond to these allegations regarding the legality of 165 00:23:48,640 --> 00:23:55,039 the july 1st executive session and to clarify which law was misread and what 166 00:23:53,200 --> 00:23:58,640 law actually applied so the purpose like i said of bringing 167 00:23:56,960 --> 00:24:02,559 back the attorney's contract and what i'm about to read for the record is the 168 00:24:00,480 --> 00:24:05,840 clarification of the law which was asked for by council and a clarification of 169 00:24:04,400 --> 00:24:08,720 our attorney's advice during that meeting 170 00:24:06,960 --> 00:24:12,159 i also want this issue clarified for the public and for the purpose of the record 171 00:24:10,559 --> 00:24:16,400 there were there was false information relayed in a public meeting and 172 00:24:14,320 --> 00:24:20,320 published by our local papers had it been one simple opinion or 173 00:24:18,400 --> 00:24:24,960 interpretation of the law stated then there would be no need for clarification 174 00:24:23,039 --> 00:24:28,320 however even the papers published these false legal 175 00:24:26,320 --> 00:24:32,159 infor the false legal information and the record must be corrected and i would 176 00:24:30,240 --> 00:24:35,840 like to see the attorney's contract approved this evening 177 00:24:33,679 --> 00:24:40,640 so for clarification the criticism of counsel and its legal counsel began by 178 00:24:38,320 --> 00:24:45,679 citing the wrong law and then proceeding to excoriate counsel for violating a law 179 00:24:43,039 --> 00:24:50,640 that had no application whatsoever to what council was discussing 180 00:24:47,760 --> 00:24:56,080 the critique statute cited was crs 24-6-402 181 00:24:53,520 --> 00:25:00,240 sub-section f-2 a portion of the open meeting law that 182 00:24:58,000 --> 00:25:03,840 permits executive sessions to discuss public employees 183 00:25:01,919 --> 00:25:07,600 this personnel matters basis for an executive session contains language 184 00:25:05,840 --> 00:25:12,240 clarifying that members of the local public body who are convening the 185 00:25:09,440 --> 00:25:17,520 executive session aren't personnel of the local government so discussion of 186 00:25:15,120 --> 00:25:22,480 filling a vacancy on a governing body shouldn't occur in an executive session 187 00:25:20,559 --> 00:25:26,159 called to discuss personal matters personnel matters 188 00:25:25,039 --> 00:25:30,000 we met in executive session to discuss the 189 00:25:28,000 --> 00:25:34,480 appointment to fill a vacancy and appointments to fill vacancies can and 190 00:25:32,400 --> 00:25:40,080 commonly are discussed in executive sessions convened on some other basis 191 00:25:37,120 --> 00:25:44,799 provided in the open meeting law under the assumption that section 402 f 192 00:25:42,480 --> 00:25:49,039 applied it was also observed that it sure seemed like it was illegal 193 00:25:47,279 --> 00:25:53,520 and then he encouraged council not to indulge in 194 00:25:50,480 --> 00:25:58,559 technical or legal thin ice so let's clarify that the executive 195 00:25:56,000 --> 00:26:03,840 session held on july 1 was not convened pursuant to section 402 f 196 00:26:01,279 --> 00:26:09,600 roman numeral 2 but rather pursuant to an entirely different subsection 197 00:26:06,400 --> 00:26:14,240 it applies to subsection 402b which permits executive sessions for the 198 00:26:11,760 --> 00:26:18,240 purpose of receiving receiving legal advice from the city attorney 199 00:26:16,480 --> 00:26:22,240 in this case concerning potential conflicts of interest of a dda board 200 00:26:20,559 --> 00:26:28,960 appointee this use of an executive session is 201 00:26:24,159 --> 00:26:28,960 common unremarkable and completely legal 202 00:26:29,120 --> 00:26:35,200 the second criticism regarding the july 1st executive session focused on the 203 00:26:33,120 --> 00:26:39,840 city our city attorney nina williams response to a question from council 204 00:26:37,200 --> 00:26:44,080 member neil who asked whether going into executive session to discuss the 205 00:26:41,440 --> 00:26:48,240 potential conflict was appropriate nina responded that there was a legal 206 00:26:46,159 --> 00:26:53,600 basis for going into the executive session but she added in a in different 207 00:26:51,120 --> 00:26:57,440 communities different councils have a different preference and customs as to 208 00:26:55,600 --> 00:27:00,720 when they choose to go into executive session 209 00:26:58,480 --> 00:27:04,960 nina expressed this well-understood fact by saying that different councils around 210 00:27:02,720 --> 00:27:10,080 colorado have different feelings about going into executive session 211 00:27:07,600 --> 00:27:15,600 in this advice nina was exactly correct the opens meeting law permits but never 212 00:27:12,640 --> 00:27:18,240 requires executive sessions on specified basis 213 00:27:16,720 --> 00:27:24,399 advice from attorneys or personal matters etc so municipal attorneys are 214 00:27:21,840 --> 00:27:28,000 regularly asked are we permitted to go into executive session on this or that 215 00:27:26,880 --> 00:27:32,799 basis attorneys are not asked do we have to 216 00:27:30,240 --> 00:27:37,760 have an executive session because no one is ever required to have an executive 217 00:27:35,279 --> 00:27:43,360 session council member neil's question combined is it a legal 218 00:27:40,559 --> 00:27:48,080 inquiry with an is it a good idea inquiry the first inquiry is for the 219 00:27:45,520 --> 00:27:52,960 lawyer to answer is it legal but the second inquiry is a policy matter for 220 00:27:50,240 --> 00:27:57,039 counsel to decide not the lawyers respectfully the legal advice that nina 221 00:27:54,960 --> 00:28:01,679 provided was completely correct we had the legal right to go into 222 00:27:58,880 --> 00:28:07,360 executive session to seek legal advice by our attorney but did we have to no 223 00:28:05,600 --> 00:28:10,720 council member zulawago could have asked his question on the diocese regarding 224 00:28:08,960 --> 00:28:15,440 the conflict of interest and nina would have answered it there but instead he 225 00:28:13,279 --> 00:28:19,840 asked to go into executive session which we had the legal right to ask for the 226 00:28:17,840 --> 00:28:24,880 council voted on it which requires a two-thirds majority and it passed 227 00:28:22,559 --> 00:28:30,240 therefore under section 402 b we adjourned temporarily into the session 228 00:28:27,679 --> 00:28:34,080 nothing about it was illegal there was a grave mischaracterization of 229 00:28:32,080 --> 00:28:38,000 the law and our attorney's advice in that last meeting i believe council has 230 00:28:36,159 --> 00:28:40,960 now had the time to meet with and ask our attorneys to clarify what had been 231 00:28:39,760 --> 00:28:45,760 misspoken and understand that the attorneys really 232 00:28:43,360 --> 00:28:50,000 do know that their job that's why this contract 233 00:28:47,440 --> 00:28:52,880 has been brought back before november i don't think four or more months is 234 00:28:51,840 --> 00:28:56,399 needed that to see that our lawyers who have 235 00:28:54,880 --> 00:28:59,600 doctorates in law and years of experience in this topic are less 236 00:28:58,000 --> 00:29:03,679 competent than an untrained unexperienced critic 237 00:29:01,520 --> 00:29:08,399 jeff wilson who represents us was the lead lobbyist on open meetings at the 238 00:29:05,679 --> 00:29:12,960 general assembly for nearly 30 years he wrote the first and second editions of 239 00:29:10,640 --> 00:29:18,480 the colorado municipal league's books on open meetings and open records of 240 00:29:14,799 --> 00:29:22,480 colorado he knows our open records laws he knows the open meeting laws 241 00:29:20,799 --> 00:29:27,919 and he certainly knows when we can go into executive session as does nina nina 242 00:29:25,679 --> 00:29:32,159 is also an expert in land use and zoning laws and together they cover every area 243 00:29:29,919 --> 00:29:37,039 of the law that we are concerned with and they come with stellar reputations 244 00:29:35,360 --> 00:29:40,880 given that the correct information has now been put forth and it's understood 245 00:29:38,960 --> 00:29:45,440 that nothing illegal occurred in regards to an executive session nor was there 246 00:29:42,960 --> 00:29:49,360 improper legal advice given and council chose by vote to enter 247 00:29:47,600 --> 00:29:53,520 executive session i would really like to recommend that we 248 00:29:51,279 --> 00:29:56,720 approve this contract this evening i would like to recommend it without 249 00:29:54,720 --> 00:30:00,320 further ado however if council would also like to speak i welcome that 250 00:30:00,399 --> 00:30:03,120 thank you hillary 251 00:30:04,960 --> 00:30:08,760 counsel anything further 252 00:30:09,520 --> 00:30:16,240 it's interesting that all i hear is crickets right now 253 00:30:14,399 --> 00:30:20,880 don i took your uh statement to heart and i want you to 254 00:30:18,320 --> 00:30:23,760 know that i have not spoken to anyone here 255 00:30:21,760 --> 00:30:27,760 not to nina not to michael 256 00:30:25,279 --> 00:30:32,559 nobody about this issue after i saw the rendering 257 00:30:28,960 --> 00:30:36,880 the legal opinion that hillary just saw the one correspondence i had was with 258 00:30:34,880 --> 00:30:40,720 mayor pro tem labar when i 259 00:30:38,320 --> 00:30:44,960 saw this on the agenda and i said do we have a problem 260 00:30:42,320 --> 00:30:49,360 and the conversation we had in the in the 261 00:30:45,679 --> 00:30:53,760 text was simply let's not discuss it let's 262 00:30:50,480 --> 00:30:59,440 vet it in front of god and everybody and and see where it goes so i was one 263 00:30:56,880 --> 00:31:02,240 that voted to hold off the um 264 00:31:00,620 --> 00:31:06,960 [Music] contract uh that's how i cast my vote 265 00:31:04,480 --> 00:31:11,600 last time once i saw a legal interpretation of what we were we were 266 00:31:09,039 --> 00:31:18,000 being accused of i formed a different opinion on the legal services and i am 267 00:31:15,360 --> 00:31:24,000 ready to cast a different vote so for the record those are all my thoughts i 268 00:31:20,240 --> 00:31:24,000 have discussed this with no one 269 00:31:26,640 --> 00:31:32,480 well i would like to simply start by saying 270 00:31:30,240 --> 00:31:37,360 good folks can disagree and um 271 00:31:34,799 --> 00:31:42,320 as technically accurate as all of what you've just read is i think that the 272 00:31:39,360 --> 00:31:45,919 public perception which is what i see is that 273 00:31:44,080 --> 00:31:50,559 they had no knowledge of what went on in the executive session so it would only 274 00:31:48,000 --> 00:31:55,600 be speculation on their part but they sensed that something wasn't 275 00:31:53,039 --> 00:31:58,799 right in the way we conducted ourselves and 276 00:31:56,559 --> 00:32:01,039 that i think is the issue that underlies it 277 00:31:59,600 --> 00:32:04,559 and so to 278 00:32:02,399 --> 00:32:10,000 take a legal opinion against one of our citizens i get it i understand it but i 279 00:32:07,519 --> 00:32:14,640 think in terms of what the undertone is what the people are seeing and saying is 280 00:32:12,799 --> 00:32:19,200 we want transparency you didn't do it council and that's 281 00:32:17,440 --> 00:32:23,760 something that we will pay the price for one way or another it was not done 282 00:32:21,279 --> 00:32:27,039 properly it was done way out of context of how we normally do business 283 00:32:25,679 --> 00:32:31,279 so have absolutely nothing against our 284 00:32:28,720 --> 00:32:35,200 attorneys but my vote will reflect the fact that i thought some space since the 285 00:32:33,120 --> 00:32:39,440 breathing time was a good thing and four of you did as well and i understand why 286 00:32:37,679 --> 00:32:45,200 it's changed thank 287 00:32:40,840 --> 00:32:49,679 you kelly or catherine i got nothing i would just say that i appreciate your 288 00:32:46,640 --> 00:32:54,240 opinion robert it's not one that i share um first uh the general the person in 289 00:32:52,159 --> 00:32:57,519 question is not a citizen of woodland park 290 00:32:55,120 --> 00:33:00,720 as a business owner but i 291 00:32:58,720 --> 00:33:05,760 have the utmost respect for this firm and think that it 292 00:33:02,640 --> 00:33:09,440 the the two issues are not related and i don't see what the other issue is 293 00:33:08,000 --> 00:33:15,039 because we've we have responded many times and 294 00:33:12,399 --> 00:33:18,399 there was no shadows or shade for anything else 295 00:33:16,640 --> 00:33:22,080 that occurred it was a vote 296 00:33:19,840 --> 00:33:22,080 and 297 00:33:22,799 --> 00:33:29,360 the folks that were appointed were appointed 298 00:33:25,120 --> 00:33:33,440 on that vote and will move forward thank you 299 00:33:31,039 --> 00:33:38,120 thank you kelly all right so then council can i get a 300 00:33:35,120 --> 00:33:38,120 motion 301 00:33:40,799 --> 00:33:46,799 i'll make a motion to approve the legal services agreement between the city of 302 00:33:44,240 --> 00:33:50,960 woodland park and wilson and williams llp 303 00:33:48,320 --> 00:33:50,960 i'll second 304 00:33:51,200 --> 00:33:55,760 lavar yes nikai yes 305 00:33:54,880 --> 00:33:58,720 neil yes sue lavaga 306 00:33:57,760 --> 00:34:03,919 no case yes thank you motion carries 4-1 307 00:34:04,799 --> 00:34:10,000 thank you council and we're going to move on to 308 00:34:08,079 --> 00:34:15,200 item number eight ordinances on initial postings eight a's to consider ordinance 309 00:34:12,720 --> 00:34:17,839 number 1403 and 310 00:34:16,960 --> 00:34:21,480 the presenter is nina 311 00:34:25,359 --> 00:34:30,720 good evening council um this 312 00:34:28,240 --> 00:34:34,320 um franchise this agreement renews the gas franchise with black hills energy 313 00:34:32,560 --> 00:34:38,720 for 20 years five years the prior franchise was for 20 years 314 00:34:36,720 --> 00:34:42,720 jeff wilson negotiated all terms beneficial to the city were 315 00:34:40,560 --> 00:34:46,800 carried forward um they originally omitted but we made sure to get them you 316 00:34:44,560 --> 00:34:51,280 know get back into the agreement just to go over a few points um the 317 00:34:49,359 --> 00:34:55,040 franchise continues a three percent franchise free fee that's pretty 318 00:34:53,040 --> 00:34:59,680 standard like a rental fee for the use of city streets 319 00:34:56,480 --> 00:35:03,200 um for infrastructure the franchise fee is adjustable every five years if 320 00:35:01,599 --> 00:35:07,200 desired some new asks from black hills in this 321 00:35:05,599 --> 00:35:11,440 franchise were primarily towards cooperation when street cuts impact them 322 00:35:10,079 --> 00:35:14,720 and their infrastructure and when the city projects 323 00:35:12,880 --> 00:35:20,560 which city product projects require relocation of their infrastructure 324 00:35:17,200 --> 00:35:24,800 i believe the uh carly dollar west is um attending via zoom if there's any other 325 00:35:22,640 --> 00:35:28,640 uh questions for um her she represents the franchise 326 00:35:26,560 --> 00:35:33,119 um if i have any questions or if i don't want to annoy 327 00:35:30,240 --> 00:35:37,760 um no the franchise agreement is pretty much the same as it was before 328 00:35:35,280 --> 00:35:41,599 with a few exceptions like nina said um just primarily oriented around the 329 00:35:39,680 --> 00:35:46,079 additional proactive communication between the city and black hills energy 330 00:35:43,760 --> 00:35:49,599 if a major construction project like redoing a street is 331 00:35:47,839 --> 00:35:52,960 going to be happening we need to let black hills know so if they need to 332 00:35:50,880 --> 00:35:55,839 relocate their their infrastructure they can do so 333 00:35:54,160 --> 00:35:59,359 there's also some new language in there about 334 00:35:56,640 --> 00:36:04,240 advanced communication on annexations uh the city does annex new property into 335 00:36:02,240 --> 00:36:07,119 its city limits that needs to let black hills know with a little bit more 336 00:36:05,359 --> 00:36:10,720 advanced notice so they can get those properties set up in their 337 00:36:08,560 --> 00:36:13,440 system but pretty pretty straightforward three percent as nina said it was pretty 338 00:36:12,400 --> 00:36:17,520 standard um so not not too many changes 339 00:36:17,680 --> 00:36:25,720 council any questions it's been three percent as long as i've 340 00:36:21,119 --> 00:36:25,720 been around a long time 341 00:36:27,359 --> 00:36:31,280 i i do have a comment because i did receive a 342 00:36:30,130 --> 00:36:37,119 [Music] comment from a citizen and here's some 343 00:36:33,599 --> 00:36:42,320 transparency folks um patricia stinner who's sitting in the audience 344 00:36:39,359 --> 00:36:47,119 helped run my campaign and she is one of my 345 00:36:45,119 --> 00:36:52,560 biggest critics she will challenge me on anything 346 00:36:49,520 --> 00:36:56,960 and she asked me to look into some language in this particular contract 347 00:36:54,960 --> 00:37:02,480 which i did now a little bit is because i have 348 00:36:59,119 --> 00:37:05,920 studied law i'm aware that you don't list 349 00:37:04,079 --> 00:37:09,520 negatives i guess it's the best way and i don't know the exact legal term for it 350 00:37:07,839 --> 00:37:13,599 need i'm gonna struggle a little bit you do that it has to do with 351 00:37:12,079 --> 00:37:19,920 the document is giving the franchise the access over 352 00:37:16,720 --> 00:37:23,119 public right of ways the question that i was asked had to do with what 353 00:37:22,079 --> 00:37:26,320 about private right of ways or private 354 00:37:24,960 --> 00:37:28,800 easements because 355 00:37:29,119 --> 00:37:36,560 we are not specifically putting it into the contract that does not imply 356 00:37:35,280 --> 00:37:41,680 that it's there so by the mere fact that it's not 357 00:37:39,920 --> 00:37:45,920 in the contract it means 358 00:37:42,960 --> 00:37:50,000 it's not implied that they get easements over 359 00:37:48,000 --> 00:37:53,440 they have the rights to go on private easements 360 00:37:51,280 --> 00:37:57,119 and i think i've captured that and i hope i've captured 361 00:37:55,200 --> 00:38:02,960 the concern adequately and i've addressed it to everybody if you had a 362 00:37:59,920 --> 00:38:07,760 similar concern over that language and i'm kind of a head nod are you 363 00:38:04,880 --> 00:38:10,880 comfortable with the explanation okay 364 00:38:09,920 --> 00:38:16,000 yeah it's up to the mayor pro tem whether 365 00:38:12,800 --> 00:38:19,839 there's public comment sure that's fine you can come up to the podium if you'd 366 00:38:17,119 --> 00:38:19,839 like 367 00:38:22,880 --> 00:38:31,520 good evening counts good evening council citizens patricia stinner woodland park 368 00:38:28,720 --> 00:38:35,599 so i hearken back to a similar franchise agreement 369 00:38:32,560 --> 00:38:42,720 that it came at an awkward time for the franchise because at that time in 2015 370 00:38:39,040 --> 00:38:42,720 when peak internet approached the city 371 00:38:42,960 --> 00:38:51,119 internet and fiber optics were not yet legally recognized as utilities they are 372 00:38:48,240 --> 00:38:54,800 now they are legal public utility functions so um 373 00:38:53,200 --> 00:38:59,040 when peak internet um 374 00:38:56,800 --> 00:39:02,000 operated on their agreement with the city they did come through our public 375 00:39:00,800 --> 00:39:06,320 easements and i allowed them to i invited them to 376 00:39:04,320 --> 00:39:11,359 i thought that um fiber optic was going to improve 377 00:39:09,200 --> 00:39:15,839 everybody's property values and it was a little intrusive they're 378 00:39:13,040 --> 00:39:19,599 water boring damaged some things they did cause some erosion that they 379 00:39:17,440 --> 00:39:24,320 did not come back and repair not on my property they repaired my property but i 380 00:39:22,000 --> 00:39:26,720 continued to hear people complain about those two or three years when they were 381 00:39:25,839 --> 00:39:30,560 active and this isn't a slight on peak internet 382 00:39:29,280 --> 00:39:34,880 they certainly went through the right channels they received the city 383 00:39:32,560 --> 00:39:39,200 administration permission to access the eastmans the easements were not 384 00:39:36,480 --> 00:39:42,400 specifically defined nor acknowledged nor addressed 385 00:39:40,640 --> 00:39:46,160 in that agreement similarly um 386 00:39:44,480 --> 00:39:51,280 i don't believe private easements are addressed in the old tds agreements or 387 00:39:49,359 --> 00:39:55,760 any of the other agreements um is the law has changed it's come to 388 00:39:54,000 --> 00:39:59,599 my attention because i was doing my diligence and 389 00:39:57,760 --> 00:40:03,200 finding out about the whole fiber optic thing coming 390 00:40:01,200 --> 00:40:08,880 through my private easement and i was told five years ago that 391 00:40:06,160 --> 00:40:12,400 if a subdivision is planted with utility eastmans those utility easements are 392 00:40:10,640 --> 00:40:17,119 presumed to be for that development 393 00:40:13,920 --> 00:40:22,560 and what we saw coming in um in 2015 2016 2017 394 00:40:20,319 --> 00:40:26,640 we saw the existing properties of northwoods 395 00:40:24,079 --> 00:40:29,920 sacrificing and being burdened by um 396 00:40:27,760 --> 00:40:32,880 utility installment for uh 397 00:40:31,119 --> 00:40:36,160 future developments that still aren't developed 398 00:40:34,240 --> 00:40:40,160 so i understand what you're saying councilman neil and i thank you on such 399 00:40:38,400 --> 00:40:44,000 short notice by the way mr neil didn't get this letter until like 400 00:40:42,400 --> 00:40:47,760 15 minutes before the meeting or something it caught me by 401 00:40:46,160 --> 00:40:52,319 it caught me off guard that this was going to be coming up tonight but i 402 00:40:49,760 --> 00:40:56,640 think you understand my concerns the private easements were not specifically 403 00:40:54,160 --> 00:41:00,800 addressed nor defined nor specifically omitted and peak internet did use our 404 00:40:58,880 --> 00:41:06,000 private easements and not all citizens were okay with that i'm wondering if we 405 00:41:02,720 --> 00:41:10,720 can prevent future turmoil and and i am not a no growth person as i said i 406 00:41:08,400 --> 00:41:14,319 invited peak internet to come through my property 407 00:41:11,920 --> 00:41:18,000 and to board through my property and to have access through my property to get 408 00:41:15,920 --> 00:41:21,920 to another property and that's why i got in trouble with another developer 409 00:41:19,680 --> 00:41:26,880 because they use access to my property they didn't otherwise legally have 410 00:41:24,000 --> 00:41:30,640 so private easements i think should remain private 411 00:41:28,480 --> 00:41:35,119 um seeing fiber optic buried in the ground is a lot different 412 00:41:32,240 --> 00:41:38,560 than a gas line coming in so i asked council to please 413 00:41:36,720 --> 00:41:42,800 work towards the effort of protecting our private easements in the city for 414 00:41:40,640 --> 00:41:46,800 the residents of city park not just the residents but for the developers as well 415 00:41:45,280 --> 00:41:51,280 and please look into that before you sign this agreement that's all i'm 416 00:41:48,240 --> 00:41:55,440 asking and councilman neil thank you um i i understand what you're saying you 417 00:41:53,359 --> 00:42:00,079 ask me if i accept your statement can i live with it absolutely i'm just asking 418 00:41:57,760 --> 00:42:04,000 for counsel to be a little more astute and just take into consideration that 419 00:42:02,400 --> 00:42:09,520 private easements might be temporarized here 420 00:42:05,119 --> 00:42:15,200 mayor pro tem may i respond sure um since this is the initial posting yes 421 00:42:13,839 --> 00:42:19,760 and we're going to take a vote whether to move it to the next phase 422 00:42:17,980 --> 00:42:24,400 [Music] may i make a commitment to you that i 423 00:42:22,720 --> 00:42:29,119 will sit with the attorney and if necessary or the 424 00:42:26,720 --> 00:42:33,280 the city staff i guess it is would be the appropriate people sally i'm 425 00:42:31,680 --> 00:42:38,960 kind of watching your head shake and if we need to we'll get a 426 00:42:36,000 --> 00:42:43,040 zoom call and bring you in so that we if there is some language that would make 427 00:42:41,280 --> 00:42:47,760 you more comfortable or we feel is appropriate i'm not making any promises 428 00:42:45,119 --> 00:42:51,839 i'm just saying i'll facilitate a follow-up situation well certainly 429 00:42:50,079 --> 00:42:55,119 that's all i that's more than i could ask and i'm not trying to be an 430 00:42:53,520 --> 00:42:58,960 obstructionist i'm not trying to put a damper on the agreement obviously we 431 00:42:57,440 --> 00:43:04,400 need that agreement right i'm just asking if we can do it better 432 00:43:01,200 --> 00:43:08,560 i agreed thank you thank you thank you thank you so patricia i'd like to 433 00:43:06,960 --> 00:43:12,960 pick you back on what you have a friend down in colorado springs 434 00:43:10,720 --> 00:43:15,200 and he just spent ten thousand dollars on his driveway 435 00:43:14,400 --> 00:43:18,400 and the 436 00:43:15,920 --> 00:43:22,160 fiber optics came through and they wanted to bore through his property they 437 00:43:20,640 --> 00:43:25,599 talked to him they negotiated what it was supposed to be and then when the 438 00:43:23,760 --> 00:43:27,520 workers came they totally changed the plan 439 00:43:26,720 --> 00:43:32,960 so the the boar which was shallower than 440 00:43:30,880 --> 00:43:35,760 was proposed and it was going to affect his brand new work 441 00:43:34,640 --> 00:43:39,839 so he had a heck of a fight 442 00:43:38,160 --> 00:43:44,000 and as far as i know that's not even resolved yet in terms of getting 443 00:43:42,000 --> 00:43:48,400 satisfaction to the protection of his own property they had the right to come 444 00:43:46,160 --> 00:43:51,440 through the easement but he had no say in it so i think you're making a really 445 00:43:50,160 --> 00:43:56,800 good point thank you i know that um standard by 446 00:43:54,480 --> 00:44:01,440 standard anymore utilities go in through the street eastmans those are public 447 00:43:58,720 --> 00:44:04,720 eastmans different from private eastmans when when you have a utility coming 448 00:44:02,960 --> 00:44:08,720 through people's backyards and destroying landscape and not coming back 449 00:44:06,640 --> 00:44:13,839 because there was not foresight enough to put 450 00:44:11,680 --> 00:44:16,800 repercussions in for the utility that came through what if you damaged 451 00:44:15,520 --> 00:44:20,960 property you're going to fix it that wasn't in there it was never addressed 452 00:44:19,040 --> 00:44:24,079 so again i'm not trying to be an obstructionist to 453 00:44:22,400 --> 00:44:27,839 black hills energy to come through they need to develop we have populations 454 00:44:25,760 --> 00:44:31,520 growing i'm just asking for city council to please put some thought into 455 00:44:29,440 --> 00:44:36,880 protecting our private easements we do have public right-of-ways most paved 456 00:44:34,160 --> 00:44:40,000 streets and even dirt alleys have easements that are broader than the 457 00:44:38,319 --> 00:44:43,119 street itself and perhaps your friend's driveway was paid over one of those 458 00:44:41,599 --> 00:44:47,280 eastmans i don't know the city there was a sidewalk easement okay well in a 459 00:44:45,280 --> 00:44:51,119 sidewalk is a public right-of-way so anyway i appreciate that council let me 460 00:44:49,599 --> 00:44:53,119 come in tonight and speak i wasn't expecting to 461 00:44:52,400 --> 00:44:55,760 so and thank you councilman neal for 462 00:44:54,800 --> 00:45:00,560 bringing it up thank you robert also 463 00:44:58,400 --> 00:45:04,960 and i'll be willing to anything that i do 464 00:45:02,160 --> 00:45:09,119 definitely a chair because i think your concerns are very valid also 465 00:45:07,200 --> 00:45:13,599 we can work kind of with the attorneys in the cities 466 00:45:11,359 --> 00:45:16,640 well well i have a second i have a second question i don't know if this is 467 00:45:15,280 --> 00:45:21,599 directed at you michael or with this is in the law of it 468 00:45:19,680 --> 00:45:26,640 so this has been going for 25 years they have a three percent fee that they um 469 00:45:24,880 --> 00:45:32,400 pay us for that use has a costing been done by the 470 00:45:29,920 --> 00:45:38,319 treasury by the uh finance department to see whether that is offsetting the cost 471 00:45:35,040 --> 00:45:43,119 to the city and whether that is still a profitable margin or a fair margin for 472 00:45:40,640 --> 00:45:47,760 the city or we just assume three percent is fine and we're just going ahead 473 00:45:46,000 --> 00:45:53,839 as far as i know there's been no analysis done i'm not sure 474 00:45:50,079 --> 00:45:58,480 if it's possible to quantify the impact this is a rent it's not like a 475 00:45:56,160 --> 00:46:04,000 construction project or something that we're incurring costs that need to be 476 00:46:00,319 --> 00:46:08,079 covered it's a rental for the use of our public right-of-ways 477 00:46:06,160 --> 00:46:11,040 so it's not a cost recovery 478 00:46:09,839 --> 00:46:15,040 position does that make sense for you it makes 479 00:46:13,119 --> 00:46:19,040 sense but it doesn't cost us anything when they come in and use that easement 480 00:46:16,720 --> 00:46:23,440 does it cost the city any money at any point i think so no okay well i could 481 00:46:21,680 --> 00:46:27,359 that's and it's just generally to recoup the cost of wear and 482 00:46:25,119 --> 00:46:30,640 tear on city infrastructures generally what franchise views are 483 00:46:33,760 --> 00:46:39,440 anything further needed 484 00:46:36,880 --> 00:46:42,160 oh um yes i know you know rust is gonna speak with sally to explain and you'll 485 00:46:40,800 --> 00:46:45,599 sit down um you know with your constituents but i just wanted to point 486 00:46:43,839 --> 00:46:48,960 out you know this is an agreement with the city and 487 00:46:46,880 --> 00:46:52,800 in in the first section franchise granted it's um granted 488 00:46:52,000 --> 00:46:57,200 on president future streets alleys avenues 489 00:46:54,960 --> 00:47:01,920 bridges public right-of-ways and public easements 490 00:46:58,400 --> 00:47:05,280 um of the city so it it it it uh 491 00:47:03,119 --> 00:47:10,240 quantifies or explains that it's the public yeah anything public 492 00:47:07,920 --> 00:47:15,200 so then the question is quite like it's been presented here when it comes to 493 00:47:12,400 --> 00:47:19,920 having to go across private land what is the protocol what's the law 494 00:47:18,079 --> 00:47:24,480 say in terms of that access what if what if for example 495 00:47:22,319 --> 00:47:27,920 mrs sinner said no uh i don't want you doing that this time 496 00:47:25,920 --> 00:47:31,680 what would be the impact the city said yes but the private 497 00:47:29,440 --> 00:47:36,079 uh homeowner said no well we're granting the franchise on 498 00:47:33,200 --> 00:47:40,800 public streets right-of-ways um i can't speak to the um each individual prior 499 00:47:39,119 --> 00:47:43,680 property because they might already have utility easements that are on the 500 00:47:42,079 --> 00:47:48,480 property when they purchased the property but um 501 00:47:46,079 --> 00:47:52,720 so does that make that utility easement is the city easement shared with the 502 00:47:50,559 --> 00:47:56,079 homeowner so it's a moot point is that really the point 503 00:47:54,319 --> 00:47:59,920 it depends on each property but we'll have a better um 504 00:47:57,920 --> 00:48:03,440 i guess explanation point out you know which sections 505 00:48:01,359 --> 00:48:07,200 have this type of provision that makes make sure that everyone is comfortable 506 00:48:05,599 --> 00:48:13,440 fully comfortable that it's over public right-of-ways and 507 00:48:09,440 --> 00:48:18,160 public easements that already exist all right it's fine 508 00:48:16,079 --> 00:48:24,160 i just don't i i guess i'm having struggling to see where our authority 509 00:48:21,200 --> 00:48:28,640 lies in private easements i have a private utility easement on my 510 00:48:27,200 --> 00:48:32,000 private property and if there's something going through 511 00:48:31,040 --> 00:48:37,280 there i'm notified of that but i knew that 512 00:48:35,119 --> 00:48:41,760 that easement was there when i purchased the property 513 00:48:39,040 --> 00:48:46,319 and so i accepted the property with that knowledge and condition of the property 514 00:48:44,319 --> 00:48:52,000 and know that i can't put any permanent structures there that would inhibit 515 00:48:49,119 --> 00:48:55,119 the access of utilities to run through there 516 00:48:52,800 --> 00:48:59,520 because it is a use and it's recorded it's on the plat it's a utility easement 517 00:48:57,280 --> 00:49:05,200 so i struggled to see the relevance of the city's public right 518 00:49:02,480 --> 00:49:08,480 of ways which this franchise agreement addresses 519 00:49:06,559 --> 00:49:12,960 and the public right or the private right of ways because i don't see them 520 00:49:10,160 --> 00:49:16,119 as being related i agree 521 00:49:16,880 --> 00:49:26,079 this is the 25 year old contract and um once again uh only because i know 522 00:49:23,280 --> 00:49:30,960 personally miss dinner has an issue at her is that your backyard side yard 523 00:49:28,000 --> 00:49:35,520 whatever between you and your backyard and it's a huge beagle pit now i don't 524 00:49:33,359 --> 00:49:40,240 know whether the cause of that was by a utilities company or not but 525 00:49:38,400 --> 00:49:44,720 if it's been 25 years and we haven't challenged how it's happening and there 526 00:49:42,240 --> 00:49:50,400 is an issue like if you want to explain what's in your backyard go ahead but or 527 00:49:47,040 --> 00:49:54,400 on in that easement area there but uh from what i know that the city can't get 528 00:49:52,559 --> 00:49:58,559 in there and fix it i don't know all the details of it but it's like 529 00:49:56,160 --> 00:50:03,920 it's it's an issue to those homeowners and it's not resolved so if what this 25 530 00:50:01,359 --> 00:50:08,079 year old contract is plays into some of those things that aren't being resolved 531 00:50:06,079 --> 00:50:12,640 is it value to look at it that's smiling yeah and we would have as a city as xero 532 00:50:09,520 --> 00:50:16,240 saying we don't have the authority to um grant anything over a private easement 533 00:50:14,880 --> 00:50:19,680 and this is clear that it's above streets alleys avenues bridges public 534 00:50:18,079 --> 00:50:23,599 right-of-ways and public easements i can't say that i know my property this 535 00:50:21,680 --> 00:50:27,760 utility easements over that i purchased you know with the knowledge of but 536 00:50:25,440 --> 00:50:32,319 that's not a city easement over the private property this is you know 537 00:50:29,680 --> 00:50:36,480 the city's is con is um the party to this contract and 538 00:50:34,559 --> 00:50:39,520 when it's versus franchise granted it's clear that it's only public right of 539 00:50:38,079 --> 00:50:42,400 ways in fact it says public ease and doesn't 540 00:50:41,040 --> 00:50:46,640 include private easings we have no rights you know um 541 00:50:44,400 --> 00:50:49,599 to that streets alleys avenues bridges public right aways and public easements 542 00:50:48,319 --> 00:50:54,000 okay that's true it's clearly not it's not private and 543 00:50:51,599 --> 00:50:58,640 trish understand i'm not belittling or making any less of your concerns by any 544 00:50:56,720 --> 00:51:03,119 way i just think that they belong in a different place 545 00:51:00,240 --> 00:51:08,640 because this is strictly over public um right-of-way easements and access 546 00:51:06,240 --> 00:51:14,960 thank you councilman case i i understand the intent um of of your comment again 547 00:51:12,720 --> 00:51:19,280 i repeat private property 548 00:51:16,800 --> 00:51:24,640 was not specifically addressed in the peak internet negotiations they 549 00:51:22,400 --> 00:51:30,720 came through private property and citizens did not have a say about it now 550 00:51:27,040 --> 00:51:34,880 most citizens were it just like myself it wasn't a problem the drainage thing 551 00:51:32,880 --> 00:51:39,440 that's a problem but that came that preceded me okay so i 552 00:51:37,920 --> 00:51:43,520 bought the property like you know about your easements what we're finding in 553 00:51:41,680 --> 00:51:46,800 colorado law and this is something i'm not an attorney and i'm not going to 554 00:51:44,720 --> 00:51:50,880 pretend to be one but one of the issues i would like to see council 555 00:51:48,800 --> 00:51:55,280 address or at least entertain and consider is easement law has changed in 556 00:51:53,440 --> 00:51:58,960 colorado with the introduction of the expansion of fracking 557 00:51:57,040 --> 00:52:03,599 what used to be of easement in perpetuity in colorado law apparently is 558 00:52:01,920 --> 00:52:08,480 no longer in perpetuity it has a lifespan of 15 to 20 years therefore if 559 00:52:06,400 --> 00:52:13,280 you're in a subdivision that was planted into the years 2000 or earlier 560 00:52:11,359 --> 00:52:17,040 and those utility easements have not been built there's no infrastructure 561 00:52:15,280 --> 00:52:20,079 within the easement those property owners could very well 562 00:52:18,640 --> 00:52:23,839 come to you and say my attorney's recommending that i close 563 00:52:22,400 --> 00:52:28,079 off that easement and for peak internet would i do that no 564 00:52:26,000 --> 00:52:32,319 i invited them on to my property for a gas line i might think twice 565 00:52:30,000 --> 00:52:32,319 also 566 00:52:39,920 --> 00:52:42,319 thank you 567 00:52:42,400 --> 00:52:46,440 okay council can i get emotions 568 00:52:47,599 --> 00:52:52,000 no it's a long one but i'll go ahead and make it 569 00:52:52,400 --> 00:52:59,040 i'd like to make a motion to 570 00:52:57,839 --> 00:53:04,000 approve the initial posting of ordinance number 571 00:53:01,040 --> 00:53:10,160 1403 series 2021 granting black hills colorado gas 572 00:53:06,559 --> 00:53:14,400 incorporated dba black hills energy it's leasing successors and assigns a natural 573 00:53:12,880 --> 00:53:18,640 gas franchise and the authority to construct operate 574 00:53:16,240 --> 00:53:23,040 maintain and extend a natural gas distribution plant and system 575 00:53:20,800 --> 00:53:27,599 granting the right to use the streets alleys and other public places within 576 00:53:25,200 --> 00:53:33,760 the present or future corporate limits of the city of woodland park consent the 577 00:53:29,280 --> 00:53:37,440 public hearing for september 2nd 2021 very good 578 00:53:34,880 --> 00:53:37,440 i'll second 579 00:53:37,760 --> 00:53:43,440 nikai yes neil yes 580 00:53:41,599 --> 00:53:47,359 yes yes 581 00:53:44,640 --> 00:53:50,800 yes thank you motion carries unanimously thank you 582 00:53:48,720 --> 00:53:56,720 moving on to nine public hearings we've got 9a for um to approve number 1401 583 00:53:54,720 --> 00:54:00,480 series 2021 an ordinance approving the purchase of certain water shares and kip 584 00:53:58,559 --> 00:54:04,960 wiley is presenting thank you council before you tonight 585 00:54:02,000 --> 00:54:10,960 ordinance 1401 um as you recall on august 5th 2021 you rep you approved 586 00:54:08,000 --> 00:54:15,680 resolution 878 for the purchase of this water share and this is coming back 587 00:54:13,200 --> 00:54:19,920 forward forward to you because water shares are considered real property and 588 00:54:18,240 --> 00:54:23,440 you need to accept it as that real property so 589 00:54:21,200 --> 00:54:29,839 before you tonight and i recommend an approval of ordinance 1401 for the 590 00:54:26,319 --> 00:54:33,920 0.6 shares in twin lakes reservoir in colorado canal company and 591 00:54:32,480 --> 00:54:36,160 recommend approval after the public hearing 592 00:54:36,240 --> 00:54:39,839 council any questions or comments 593 00:54:40,240 --> 00:54:44,079 seeing none can i get a motion please 594 00:54:46,400 --> 00:54:53,520 it's okay suzanne do you have anyone online no man okay is there anyone in 595 00:54:50,880 --> 00:54:57,599 the audience seeing none 596 00:54:55,359 --> 00:55:03,920 may i have a motion i'll make a motion to approve num to approve number 1401 597 00:55:01,040 --> 00:55:07,839 series 2021 and ordinance approving the purchase of certain water shares 598 00:55:09,200 --> 00:55:13,599 i did you you know you don't have to read the 599 00:55:11,839 --> 00:55:17,839 whole thing can i get a second 600 00:55:15,040 --> 00:55:17,839 oh i'll second it 601 00:55:18,559 --> 00:55:20,880 neil 602 00:55:25,280 --> 00:55:31,040 yes thank you emotion gears unanimously thank you thank you 603 00:55:31,520 --> 00:55:39,359 and now moving on to nine b's approval of ordinance 1402 series 2021 to vacate 604 00:55:37,440 --> 00:55:42,160 common lot lines and the presenter is sally riley 605 00:55:43,839 --> 00:55:51,599 and i'd just like to briefly remind council this is quasi-judicial please 606 00:55:48,000 --> 00:55:54,960 stick to this topic and this topic only thank you mayor protem 607 00:55:53,440 --> 00:56:01,280 labar this is ordinance 1402 to vacate a 608 00:55:59,119 --> 00:56:06,799 common lot line between 609 00:56:02,559 --> 00:56:12,960 and easements between lot 14 c in fairway pines filing number 2c 610 00:56:10,400 --> 00:56:17,920 which is 240 iron eagle point 611 00:56:14,960 --> 00:56:25,359 and lot 15 which is fairway pines filing number two 612 00:56:21,359 --> 00:56:29,760 and addressed as 250 eagle iron eagle point 613 00:56:26,319 --> 00:56:32,880 as requested by john paul and jill shulman 614 00:56:30,880 --> 00:56:36,880 they are the property owners and this is in a pud 615 00:56:35,920 --> 00:56:41,359 in fairway pines 616 00:56:39,280 --> 00:56:47,440 so sharing the exhibit 617 00:56:42,799 --> 00:56:52,799 this is a private access easement that 618 00:56:48,319 --> 00:56:59,280 dead ends so to speak at these two lots the shulmans have purchased both lot 14c 619 00:56:57,040 --> 00:57:04,720 and lot 15 they intend to build a home 620 00:57:01,839 --> 00:57:09,359 after these lots are combined so as a result 621 00:57:06,480 --> 00:57:15,839 the common lot line and the easements these are public easements across 622 00:57:12,799 --> 00:57:23,040 private property are proposed to be vacated 623 00:57:19,520 --> 00:57:26,799 uh i think the shulmans were going to be here but i'm not 624 00:57:25,200 --> 00:57:31,119 right right behind me 625 00:57:28,240 --> 00:57:38,160 so the owners are here if you have any questions of them staff does recommend 626 00:57:34,640 --> 00:57:44,960 approval and all the utility companies have reviewed this as well as our own 627 00:57:41,200 --> 00:57:49,200 staff and recommend approval thank you council just briefly for the 628 00:57:46,640 --> 00:57:54,160 record i did sell those lots but i worked for the 629 00:57:51,040 --> 00:57:58,880 seller not the buyers and i have no interest in these lots whatsoever so i 630 00:57:56,960 --> 00:58:02,480 just want that on the record um council do you have any questions or 631 00:58:00,720 --> 00:58:06,079 comments or would you like to hear from the party at all 632 00:58:04,160 --> 00:58:09,280 well i think for the record i think i've met them 633 00:58:07,359 --> 00:58:14,640 and they don't even know it i've walked my dog by their you you have that 634 00:58:12,079 --> 00:58:19,520 little rv right now yeah we're future neighbors 635 00:58:16,319 --> 00:58:22,380 um hello so full disclosure 636 00:58:21,280 --> 00:58:25,439 they're my neighbor [Music] 637 00:58:25,920 --> 00:58:32,960 very good council can i get a motion for approval then publication 638 00:58:30,880 --> 00:58:36,720 oh public hearing every time every time 639 00:58:35,280 --> 00:58:42,000 we're here for you suzanne do you have anyone online no ma'am okay is there 640 00:58:39,359 --> 00:58:46,000 anyone in the audience seeing none 641 00:58:43,280 --> 00:58:51,839 now may i please have the motion i'll make a motion to approve ordinance 642 00:58:47,920 --> 00:58:51,839 1402 series 2021 643 00:58:52,400 --> 00:58:57,760 to vacate the common lot line in public utilities and drainage of private access 644 00:58:56,720 --> 00:59:03,640 easements as described in the presentation by the 645 00:59:00,319 --> 00:59:03,640 planning director 646 00:59:06,400 --> 00:59:13,839 yes yes 647 00:59:09,280 --> 00:59:19,839 lavar yes nikai yes neil yes thank you motion carries unanimously 648 00:59:16,480 --> 00:59:19,839 thank you thanks sally 649 00:59:20,400 --> 00:59:26,880 all right moving on to 10 new business we have 10a approval of resolution 650 00:59:24,640 --> 00:59:31,440 number 881 and kip wiley's presenting that as well 651 00:59:30,240 --> 00:59:37,680 thank you before council's resolution 881 to 652 00:59:34,960 --> 00:59:42,960 allocate 32 taps to a this project on brecken heights now 653 00:59:40,559 --> 00:59:48,720 the reason this comes to council is any multi-family project triplex or larger 654 00:59:45,839 --> 00:59:53,280 tabs can be allocated because in 1997 our tap management plan limited the 655 00:59:50,559 --> 00:59:57,520 number of taps you could sell to a developer or a builder in any given 656 00:59:55,599 --> 01:00:00,400 month and this allows for multi-family projects to build 657 00:59:59,280 --> 01:00:05,599 multiple units at the same time 658 01:00:02,559 --> 01:00:09,599 so before you tonight is 32 taps these taps would come out of the 659 01:00:07,680 --> 01:00:15,280 multi-family bank currently the multi-family bank has 64 taps in it 660 01:00:13,040 --> 01:00:20,720 where do we get those taps those come from the single family bank so 661 01:00:17,680 --> 01:00:24,079 council also has to approve transfer from the single family bank to the 662 01:00:22,079 --> 01:00:27,760 multi-family bank first of the year when we did the 663 01:00:26,160 --> 01:00:33,520 the annual allotment we had around 664 01:00:29,319 --> 01:00:38,640 503 taps don't quote me on the number in the single-family bank and we had 665 01:00:37,280 --> 01:00:44,400 we had additional taps in the multi-family bank but to date uh council 666 01:00:41,920 --> 01:00:49,839 has already approved eight multi-family taps for um a project on 667 01:00:47,520 --> 01:00:53,839 baldwin street uh and then this would also come out of the same bank 668 01:00:51,839 --> 01:00:58,480 uh what's interesting i was just telling sally is it's the 669 01:00:55,440 --> 01:01:03,119 year of 32 we've sold 32 taps so far this year we are requesting 32 taps for 670 01:01:01,040 --> 01:01:06,319 this project and we have 32 tabs left in the multiple bank 671 01:01:05,280 --> 01:01:10,799 so good job yeah kind of interesting fact 672 01:01:09,359 --> 01:01:12,319 sorry um 673 01:01:11,200 --> 01:01:15,680 [Music] so uh 674 01:01:13,680 --> 01:01:20,400 the developer has requested these taps there is a list of criteria that have 675 01:01:17,680 --> 01:01:23,599 were established there are 11 criteria and then the staff report i went through 676 01:01:21,920 --> 01:01:28,720 in indicated which criterias they met they 677 01:01:26,799 --> 01:01:33,119 they met most of the criteria not all but most there is no 678 01:01:30,559 --> 01:01:38,400 uh definition on if they even have to meet them all or any so it is up to 679 01:01:35,920 --> 01:01:43,520 council's decision on whether or not to allocate these taps to this project 680 01:01:40,720 --> 01:01:46,880 this project is 16 duplexes that are built on a crawl space they 681 01:01:45,359 --> 01:01:52,079 consist of about 1400 square feet 682 01:01:49,599 --> 01:01:56,880 484 square feet of garage space it's approximately a two-car garage 683 01:01:54,559 --> 01:02:00,160 there are two floor plans available that include two or three bedroom units with 684 01:01:58,799 --> 01:02:03,520 two bathrooms next year finishes will be stucco and 685 01:02:02,000 --> 01:02:08,799 stone and available in earth tone colors 686 01:02:07,039 --> 01:02:13,440 wrecking court also will be a road that's put in with five 687 01:02:10,720 --> 01:02:16,400 foot sidewalks and access to additional sidewalks that are in the 688 01:02:15,200 --> 01:02:21,440 area with connection to 689 01:02:18,160 --> 01:02:24,960 across the street which would be walmart i'm here to answer any questions but 690 01:02:23,200 --> 01:02:27,839 staff has looked at this and recommends approval 691 01:02:25,920 --> 01:02:32,400 uh for the 32 tap allocations 692 01:02:30,079 --> 01:02:35,920 chair council yeah i have one question kip uh on the 693 01:02:34,960 --> 01:02:39,599 um the background information that was 694 01:02:37,440 --> 01:02:44,400 provided under the conditions of approval there's a sentence that says 695 01:02:41,440 --> 01:02:48,880 the developer is requesting the approval of 53 water tap allocations for the 696 01:02:46,960 --> 01:02:54,799 multi-family project um can you connect the dots in my head 697 01:02:51,200 --> 01:02:58,880 53 versus the 32 yep that is a typo in my staff report the resolution is 698 01:02:56,960 --> 01:03:05,440 correct uh so thank you for pointing that out and i swear i put in 32 months 699 01:03:02,640 --> 01:03:09,119 okay so 32 is that number correct way to go 700 01:03:07,599 --> 01:03:13,440 i just have one comment just for the record um this development is going in 701 01:03:11,280 --> 01:03:17,839 across the park from my house so if anybody thinks i'm going to be biased 702 01:03:14,880 --> 01:03:17,839 let me know 703 01:03:18,559 --> 01:03:25,039 so um back to your 32 so do you see any other 704 01:03:23,760 --> 01:03:29,520 development happening that's going to require more allocation multi-family 705 01:03:27,440 --> 01:03:34,079 caps this year great question uh if my crystal ball was 706 01:03:32,000 --> 01:03:38,400 that clear i would not be sitting here um however what is interesting about 707 01:03:36,480 --> 01:03:43,440 this project and i failed to point this out is the developer actually could 708 01:03:40,319 --> 01:03:46,799 build up to 80 units on two lots here they are 709 01:03:44,559 --> 01:03:51,119 basically dedicating one lot to the city that they could have built a number of 710 01:03:48,559 --> 01:03:54,799 lock or units on and then even this lot one where the 32 units are going they 711 01:03:53,520 --> 01:03:59,119 could build up to i believe it was 46 so we are actually 712 01:03:57,280 --> 01:04:02,720 getting units back into our bank with this development 713 01:04:01,039 --> 01:04:06,160 yeah i recall when this was before us a while ago i i like this development i 714 01:04:04,640 --> 01:04:11,280 thought it was very very sound so 715 01:04:08,000 --> 01:04:14,319 my question was simply with regards know forward moving 716 01:04:12,799 --> 01:04:17,280 it simply means it's got to come back to council to allocate more into 717 01:04:15,760 --> 01:04:21,039 multi-family if there's going to be more this year uh for a different development 718 01:04:19,520 --> 01:04:27,039 for any other for any other project yeah anything triplex or larger okay 719 01:04:23,760 --> 01:04:30,480 great no other questions thank you counsel anything further 720 01:04:29,119 --> 01:04:34,079 can i get a motion public hearing 721 01:04:32,480 --> 01:04:38,319 suzanne do you have anyone no ma'am 722 01:04:35,200 --> 01:04:44,640 is there anyone in the audience okay seeing none now they have a motion 723 01:04:42,640 --> 01:04:49,680 i will move to approve resolution number 881 series 2021 724 01:04:47,200 --> 01:04:54,240 establishing 32 multi-family residential water tap allotments for lot line of 725 01:04:51,440 --> 01:04:54,240 breaking heights 726 01:05:03,440 --> 01:05:12,960 yes thank you motion cares unanimously excellent 727 01:05:09,440 --> 01:05:17,280 council we're at number 11 already that's six minutes remember i said 728 01:05:14,799 --> 01:05:20,799 because no it won't be 30 minutes all right so rondo 11 reports 729 01:05:21,039 --> 01:05:30,480 i don't have any special announcements just um the motorcycle that's right yeah 730 01:05:26,640 --> 01:05:35,520 the veterans rally uh is um saturday and i think tomorrow well as 731 01:05:33,039 --> 01:05:40,319 well it's also tomorrow yeah so i was going to give that to you so i'm happy 732 01:05:37,760 --> 01:05:43,920 too good um the 39th annual 733 01:05:42,119 --> 01:05:49,039 2021 salute to american veterans rally and 734 01:05:46,880 --> 01:05:49,039 the 735 01:05:49,359 --> 01:05:58,160 uh is it the 30th 29th uh pow mia recognition ride to 736 01:05:55,599 --> 01:06:03,520 creek or through creek is this weekend beginning tomorrow afternoon 737 01:06:01,680 --> 01:06:07,440 um they will have the red t-shirt giveaway 738 01:06:05,280 --> 01:06:11,119 in the park you'll probably notice there were some tents and things going up in 739 01:06:09,280 --> 01:06:15,599 the north end of the park in preparation for the rally 740 01:06:14,319 --> 01:06:19,039 it's it's a 741 01:06:16,559 --> 01:06:24,880 very timely celebration of our veterans in our 742 01:06:21,760 --> 01:06:29,760 community in our state in our country we've seen some pretty disturbing things 743 01:06:27,440 --> 01:06:32,799 as of late going on and 744 01:06:31,200 --> 01:06:37,119 i think there's a number of veterans that have served that are 745 01:06:34,480 --> 01:06:42,160 feeling some disappointment or some different feelings right now so it's a 746 01:06:39,680 --> 01:06:46,240 great opportunity to honor those that have served 747 01:06:43,839 --> 01:06:49,760 and protected our freedoms there will be a 748 01:06:47,039 --> 01:06:53,760 boatload of them here over the weekend so please thank them when you see them 749 01:06:52,319 --> 01:06:58,799 for their service join us if you can the tomorrow 750 01:06:56,240 --> 01:07:02,880 afternoon is friday in the park there's vendors there's going to and saturday is 751 01:07:01,599 --> 01:07:06,480 the ride we are gathering between 7 30 the ride 752 01:07:05,280 --> 01:07:10,640 will leave probably at 10 o'clock the last 753 01:07:08,319 --> 01:07:16,880 registered motorcycle will be ryder will be at night at 754 01:07:13,520 --> 01:07:22,400 9 30 promptly leaving at 10. the roads will be blocked and highway 24 755 01:07:19,440 --> 01:07:28,559 blocked from 9 30 until about 10 45 i believe so plan accordingly 756 01:07:26,880 --> 01:07:35,839 we all know that we all know how to get around town without the use of 24. 757 01:07:31,760 --> 01:07:40,640 um go east and you'll get behind them um and then the rally in town on 758 01:07:38,640 --> 01:07:44,640 saturday and the ceremonies they are actually giving away a 759 01:07:42,559 --> 01:07:49,119 modified motorcycle three-wheeler for a veteran 760 01:07:47,520 --> 01:07:53,839 that has many different special needs they've 761 01:07:51,200 --> 01:07:59,119 flown him in i believe from chicago to honor him by presenting that motorcycle 762 01:07:56,160 --> 01:08:05,280 to him getting him back on the road um here at our rally so that'll be a a 763 01:08:02,400 --> 01:08:08,160 tear jerker i'm sure and then 764 01:08:06,400 --> 01:08:12,799 there will be bands there will be a beer garden there will 765 01:08:10,799 --> 01:08:16,560 be vendors and good camaraderie and opportunities 766 01:08:15,119 --> 01:08:21,759 to thank those that have served our country so i hope to see you all there 767 01:08:19,679 --> 01:08:24,239 i won't be riding this year but 768 01:08:22,640 --> 01:08:28,400 look forward to celebrating with everyone 769 01:08:25,839 --> 01:08:31,920 thank you hillary catherine i don't have anything 770 01:08:32,000 --> 01:08:38,480 i had two liaison meetings the first one was a special 771 01:08:36,640 --> 01:08:43,279 meeting for the historic preservation committee on 772 01:08:40,239 --> 01:08:50,159 august 9th it was a very simple meeting in which a historical building 773 01:08:46,719 --> 01:08:54,719 located at 720 west highway 24 was requesting to re-roof 774 01:08:52,640 --> 01:08:57,279 uh the building it was approved that's all i have for the historic 775 01:08:56,080 --> 01:09:01,279 preservation um in terms of the dda we had a meeting 776 01:09:00,000 --> 01:09:04,880 this past tuesday it was 777 01:09:03,040 --> 01:09:09,279 a little confusing at first it was going to be a workshop that it 778 01:09:07,040 --> 01:09:13,759 was announced as a special meeting we did go through the process 779 01:09:11,279 --> 01:09:17,120 of voting to make sure went back to a workshop 780 01:09:15,040 --> 01:09:21,679 status officially no business was conducted there was a 781 01:09:18,960 --> 01:09:23,839 lot of topics that 782 01:09:24,560 --> 01:09:30,719 are under consideration nothing 783 01:09:27,839 --> 01:09:34,600 that i i'm going to go into any depth for sake of time 784 01:09:40,719 --> 01:09:46,159 um yeah firstly with regards to the 785 01:09:43,600 --> 01:09:49,520 veterans rally if any of you know any veterans who are struggling with 786 01:09:48,159 --> 01:09:53,520 post-traumatic syndrome or depression or suicide or 787 01:09:52,159 --> 01:09:58,400 anything like that one of our prior council members paul 788 01:09:56,320 --> 01:10:02,400 sonja is part of a team who's organizing a 789 01:10:00,080 --> 01:10:06,880 retreat fishing kayaking stuff like that 790 01:10:04,080 --> 01:10:10,320 i'm not sure when the the closure date of applications is but it's coming up 791 01:10:08,560 --> 01:10:13,280 here in september the events coming up september so if you 792 01:10:12,480 --> 01:10:17,760 do want to refer somebody either 793 01:10:15,600 --> 01:10:21,280 contact me or paul paul paul probably is a direct one but if you don't have his 794 01:10:19,199 --> 01:10:25,040 contact information um 795 01:10:22,719 --> 01:10:30,400 secondly i also i'm excited to see how uh this 796 01:10:27,280 --> 01:10:35,440 maiden voyage for the veterans rally uh flies here in uh woodham park so 797 01:10:33,440 --> 01:10:41,120 it'll be an experiment and the debriefing afterwards to see how how uh 798 01:10:38,560 --> 01:10:44,480 we all do with it so i welcome them with open arms and look forward to what's 799 01:10:42,560 --> 01:10:48,320 going to happen as far as the ppacg 800 01:10:47,040 --> 01:10:53,760 some interesting workshops been happening uh this week 801 01:10:51,120 --> 01:10:58,080 educating coloradans about some laws that are coming down with regards 802 01:10:55,360 --> 01:11:00,880 electric vehicles with regards uh transport train transport and stuff like 803 01:10:59,920 --> 01:11:03,600 that um 804 01:11:02,000 --> 01:11:10,080 a little disturbing a number of us were concerned that these mandates are coming 805 01:11:05,760 --> 01:11:13,920 down from the state to turn the state majority of electric vehicles in a short 806 01:11:12,080 --> 01:11:18,880 period of time and forgetting the fact that as a at 807 01:11:16,640 --> 01:11:21,520 least one of my concerns was you start making all these electric 808 01:11:20,400 --> 01:11:25,040 vehicles well all the all the batteries are 809 01:11:23,360 --> 01:11:29,920 manufactured in china so what's that do for uh energy 810 01:11:28,080 --> 01:11:33,360 independence what's that do for uh security 811 01:11:31,199 --> 01:11:38,159 secondly is all issue of the disposal of the batteries um you know nothing said 812 01:11:35,920 --> 01:11:42,159 about it oh yeah it's free energy it's it's clean energy but it's not when you 813 01:11:39,840 --> 01:11:45,920 look at the recycle end of it so those issues haven't really been discussed 814 01:11:44,480 --> 01:11:52,320 and uh there was a number of people on the ppa 815 01:11:48,159 --> 01:11:57,040 zg who had different tactful questions about where this is all going 816 01:11:54,480 --> 01:12:01,679 so that's one and then of course like here we are where it's so cold a 817 01:11:58,800 --> 01:12:05,280 battery's supposed to last 300 300 miles but when it gets cold it's not going to 818 01:12:03,440 --> 01:12:09,280 go that far and just imagine yourself in a snow drift with your battery going 819 01:12:07,360 --> 01:12:12,159 flat so there's a few things that don't seem to be worked out but it's coming 820 01:12:11,280 --> 01:12:16,480 our way the second one is electric train or not 821 01:12:13,840 --> 01:12:20,800 electric trains uh is trains across the state and there's a whole deal with 822 01:12:19,520 --> 01:12:23,520 what that infrastructure is going to look like it's not going to affect us 823 01:12:22,320 --> 01:12:27,840 but anyway that's all from ppacg 824 01:12:26,640 --> 01:12:30,800 and i like oh bye 825 01:12:31,360 --> 01:12:37,040 i did forget one thing for my ladies 826 01:12:34,960 --> 01:12:41,840 and it didn't occur during the workshop but as a liaison 827 01:12:39,280 --> 01:12:48,000 i wanted to report that elijah murphy did resign effective yesterday 828 01:12:45,280 --> 01:12:52,800 for the reasons that he stated uh at the last council meeting i had reached out 829 01:12:50,080 --> 01:12:56,320 to him and asked him to reconsider i think he's got some concerns that i 830 01:12:54,880 --> 01:13:01,040 too have and was hoping that we could put both 831 01:12:58,560 --> 01:13:05,520 sides of you know the division of the city into the room and work together and 832 01:13:03,679 --> 01:13:10,000 work through it to see that people on both sides are 833 01:13:06,960 --> 01:13:15,120 hardworking he reconsidered but still uh stood on his resignation and it was 834 01:13:12,800 --> 01:13:20,480 effective as of yesterday very good and suzanne that reminds us that we need to 835 01:13:17,520 --> 01:13:24,560 advertise both positions now thank you thank you 836 01:13:21,760 --> 01:13:24,560 all right nina 837 01:13:25,040 --> 01:13:31,360 i don't have a report but i just want to thank the council for their faith in us 838 01:13:29,360 --> 01:13:34,800 for the city attorney um when we first were asked to apply in february a lot of 839 01:13:33,199 --> 01:13:37,600 people warned us about the challenge but it's something that isn't 840 01:13:36,719 --> 01:13:42,159 the least but it's something that's important um 841 01:13:40,080 --> 01:13:46,560 to us it's part of our mission why we do this work um especially where we embrace 842 01:13:44,719 --> 01:13:49,440 the challenge but also where we see that there's um 843 01:13:48,080 --> 01:13:52,719 you know the impact that you're all collectively making and you are all are 844 01:13:51,679 --> 01:13:56,400 um you know really making steps 845 01:13:54,719 --> 01:13:58,880 good really good steps to for that towards your community and you have a 846 01:13:57,600 --> 01:14:03,120 really good staff that we're also honored to work with um 847 01:14:01,280 --> 01:14:05,600 so thank you very much and also i think you all met elliott brownies our new 848 01:14:04,480 --> 01:14:08,960 attorney so now 849 01:14:06,880 --> 01:14:12,000 he's uh started we had meetings about half the day with different staff and 850 01:14:10,719 --> 01:14:16,480 working on different um things so we we really enjoy working 851 01:14:14,560 --> 01:14:20,000 here and um thank you thank you nina is he old enough to have 852 01:14:18,560 --> 01:14:23,810 gone to school and really graduated 853 01:14:21,520 --> 01:14:29,440 he didn't know what e.t was [Laughter] 854 01:14:26,480 --> 01:14:33,280 but that's a compliment yes he's he's um i've been a lawyer about two years um 855 01:14:30,960 --> 01:14:36,320 graduated from colorado so nice yeah very good welcome 856 01:14:35,040 --> 01:14:39,760 and yes welcome let me get you 857 01:14:41,040 --> 01:14:45,120 um so first a question for the council very 858 01:14:43,840 --> 01:14:48,080 important question what is the difference between a well-dressed man on 859 01:14:46,800 --> 01:14:51,840 a bicycle and a poorly dressed man on a tricycle 860 01:14:52,480 --> 01:14:56,600 one wheel a tire 861 01:15:08,320 --> 01:15:12,480 um in a little bit more serious vayne um 862 01:15:11,190 --> 01:15:16,080 [Music] if you'd like to know more about the 863 01:15:14,000 --> 01:15:20,239 veterans rally uh there's a really helpful website the 864 01:15:18,040 --> 01:15:25,120 veteransrally.org uh has a lot of details about the ride itself it has a 865 01:15:22,800 --> 01:15:29,280 very well detailed program in terms of the timing and everything 866 01:15:27,040 --> 01:15:34,440 and i believe routes may be on here as well a list of closures and locations of 867 01:15:31,760 --> 01:15:39,280 closures are on the city's website citydashwoodlandpark.org so some some 868 01:15:36,800 --> 01:15:41,760 final helpful resources for you um 869 01:15:40,640 --> 01:15:46,719 we are full on the citizens academy we 870 01:15:44,000 --> 01:15:49,679 filled up quite quickly and so uh we do have a waiting list the waiting list is 871 01:15:48,239 --> 01:15:54,080 also quite long um but you know there's always a chance 872 01:15:51,679 --> 01:15:56,719 um but we we thank folks who have signed up and taken interest in that that's 873 01:15:55,360 --> 01:16:01,600 really exciting um the keep woodland park beautiful 874 01:15:59,040 --> 01:16:04,719 community cleanup is saturday august 28th 875 01:16:02,719 --> 01:16:07,840 uh from 9 to 12 registration will start at 8 30 in the 876 01:16:06,719 --> 01:16:11,840 morning at the upass cultural center uh midland 877 01:16:10,480 --> 01:16:14,800 pavilion so we'll get another 878 01:16:13,280 --> 01:16:20,000 shot at cleaning up our community went really well last time we hope to see you 879 01:16:17,040 --> 01:16:25,199 there thank you for considering that and then finally a really exciting note 880 01:16:22,239 --> 01:16:27,600 to end on sales tax and lodging tax that you know it actually is kind of 881 01:16:26,560 --> 01:16:32,000 exciting in a sense the city is doing uh pretty 882 01:16:29,840 --> 01:16:37,360 well in these areas sales tax year to date is up 13.4 883 01:16:34,800 --> 01:16:40,800 percent over 2020. um 884 01:16:38,640 --> 01:16:46,400 things slowed down a little bit in may of this year uh you know 7.6 percent 885 01:16:43,840 --> 01:16:50,480 growth in me i'm still pretty good but we've in june we started seeing this 886 01:16:48,239 --> 01:16:55,280 double-digit year-over-year growth again so um things continue to do well here 887 01:16:54,320 --> 01:16:59,120 um i know that there was a 15.8 percent 888 01:16:57,280 --> 01:17:03,760 increase over june of last year for sales tax just for the month of june 889 01:17:01,440 --> 01:17:06,960 um as we all know and probably are feeling at this point inflation's a big 890 01:17:05,520 --> 01:17:10,960 part of that um 891 01:17:08,000 --> 01:17:14,080 the consumer price index increased 5.4 over the 12 months prior which is the 892 01:17:12,719 --> 01:17:17,679 biggest increase uh since august of 2008 893 01:17:16,800 --> 01:17:23,040 and so um i i found uh some 894 01:17:21,199 --> 01:17:28,880 yes yes i found it interesting that uh the price 895 01:17:24,960 --> 01:17:32,800 for used cars has increased 41.7 percent over 12 months prior 896 01:17:30,719 --> 01:17:37,440 um sell our cars sell our houses i just 897 01:17:34,400 --> 01:17:41,760 will just have to walk and i can't help you with that yes 898 01:17:40,560 --> 01:17:44,960 yes um 899 01:17:42,640 --> 01:17:47,920 and so energy costs obviously are going up across the board to regardless of 900 01:17:46,480 --> 01:17:52,800 what they are so um on lodging tax it's it's much the 901 01:17:50,159 --> 01:17:56,560 same story uh year to date we're up 68 and a half percent uh through the end of 902 01:17:54,719 --> 01:18:01,040 june over 2020 um we're gonna start to see some kind of 903 01:17:59,520 --> 01:18:05,520 stabilization uh in that 904 01:18:02,560 --> 01:18:10,000 lodging tax we were having triple digit growth over last year because if you all 905 01:18:08,159 --> 01:18:15,040 recall we've told you for months about microtel opening and then having this 906 01:18:12,159 --> 01:18:18,880 lodging rev software system uh to better capture watching tax revenues well it's 907 01:18:17,199 --> 01:18:21,920 been a year since then and so we're kind of we're kind of doing one of these 908 01:18:20,080 --> 01:18:27,520 leveling off things um that said we we still have lodging 909 01:18:24,400 --> 01:18:30,320 tax increase by uh 10.7 percent in the month of june 910 01:18:30,480 --> 01:18:38,239 well and wasn't lodging still closed down pretty much at this point last year 911 01:18:35,440 --> 01:18:41,679 or had we started to open again i don't remember 912 01:18:39,920 --> 01:18:47,199 you know we forget those awful things that happen in our lives dad miller is 913 01:18:44,000 --> 01:18:50,719 shaking her head no thank you were we okay 914 01:18:48,640 --> 01:18:53,199 thank you so much she should have known she would know 915 01:18:53,360 --> 01:18:58,400 so even better news on that point so people are coming to win the park 916 01:18:57,040 --> 01:19:01,760 they're staying in woodland park and hopefully well they're spending money in 917 01:18:59,920 --> 01:19:05,520 woodland park i mean here it is so um and that's uh that those those are 918 01:19:04,080 --> 01:19:12,400 the highlights we do of course have supporting documentation uh if you like 919 01:19:09,760 --> 01:19:12,400 that's all i got 920 01:19:14,480 --> 01:19:19,199 the finance directors oh 921 01:19:17,360 --> 01:19:23,520 our brand new finance director this is dave four from mr vasilati he has joined 922 01:19:21,920 --> 01:19:28,320 us online um he's jumping in with both feet 923 01:19:26,320 --> 01:19:32,640 hair on fire no doubt but he's got a great attitude you never 924 01:19:29,840 --> 01:19:37,600 know it um i don't know if aaron can speak but uh i don't know if i want to 925 01:19:34,400 --> 01:19:41,840 put him on the spot either but uh um he 926 01:19:39,120 --> 01:19:45,679 uh aaron is is working remotely for us at the time as as all of us know it's 927 01:19:44,320 --> 01:19:48,800 kind of difficult to find housing in this area 928 01:19:46,960 --> 01:19:52,719 uh right now and so he's working through that he's doing his best but uh he's 929 01:19:50,800 --> 01:19:54,880 he's already made great contributions he's 930 01:19:53,520 --> 01:19:59,440 teaching me stuff about accounting already um and so i'm grateful for that 931 01:19:57,920 --> 01:20:02,080 in a matter of speaking um 932 01:20:00,239 --> 01:20:05,360 but he he knows it all so we're grateful to have him 933 01:20:03,360 --> 01:20:12,520 awesome great anything further 934 01:20:08,320 --> 01:20:12,520 all right and this meeting is adjourned