City Council

RECORD OF PROCEEDINGS Minutes of the City Council of the City of Cherry Hills Village, Colorado and of the Cherry Hills Village Charlou Park 3rd Filing General Improvement District Board of Directors Held on Tuesday, November 16, 2021 at 6:30 p.m. City Hall The City Council held a study session at 5:30 p.m. Mayor Russell Stewart called the meeting to order at 6:30 p.m. ROLL CALL Mayor Russell Stewart, Mayor Pro Tern Katy Brown, Councilors Randy Weil, Afshin Safavi, Al Blurn, and Mike Gallagher were present on roll call. Also present were City Manager Chris Cramer, Deputy City Manager and Public Works Director Jay Goldie, City Attorney Kathie Guckenberger, Finance Director Jessica Sager, Police Commander Pat Weathers, Parks and Recreation Coordinator Emily Black, and City Clerk Laura Gillespie. Absent: Councilor Dan Sheldon PLEDGE OF ALLEGIANCE The Council conducted the pledge of allegiance. PRESENTATION FROM THE AMERICAN PUBLIC WORKS ASSOCIATION Renee Railsback, immediate past president of the Colorado Chapter of the American Public Works Association (APWA), presented two awards to the City; John Meade Park won Project of the Year and the High Line Canal Underpass connection won the Parks & Trails category for small communities under 10,000 residents. Deputy City Manager/Director Goldie presented Public Works Project and Right-of-Way Manager Ralph Mason with the APWA Professional Manager of the Year in Administrative Management Award. AUDIENCE PARTICIPATION PERIOD None REPORTS FROM CITY BOARDS, COMMISSIONS AND COMMITTEES None CONSENT AGENDA Councilor Blum removed Item 7a from the Consent Agenda. Mayor Pro Tern Brown moved, seconded by Councilor Gallagher, to approve the following items on the Consent Agenda: b. Resolution 32, Series 2021; Approving a Memorandum of Understanding with SungateKids for Services Related to Allegations of Child Abuse and Neglect The motion passed unanimously. November 16, 2021 City Council Page 1 of 11  RECORD OF PROCEEDINGS ITEMS REMOVED FROM CONSENT AGENDA Item 7a. Approval of Minutes — November 2, 2021 Mayor Pro Tern Brown moved, seconded by Councilor Gallagher, to approve Item 7a, the minutes from November 2, 2021. The motion passed with 3 ayes and 2 abstentions. UNFINISHED BUSINESS Public Hearing Council Bill 11, Series 2021; Vacating the City’s Interest, if any, in — Certain Bridle Path Easements Located on Tract 6 of the Cantitoe Plat and Lot 3 of the Lake Cantitoe Plat (second and final reading) Mayor Pro Tern Brown moved, seconded by Councilor Gallagher, to enter into Executive Session pursuant to C.R.S. Section 24-6-402(4)(b) for the purpose of receiving legal advice on specific legal questions regarding the petition to vacate the City’s interest (if any) in the bridle path easements on 2 and 4 Cantitoe Lane. The following votes were recorded: Safavi yes Weil yes Brown yes Gallagher yes Blum yes Vote on the Executive Session: 5 ayes. 0 nays. The motion carried. Council entered into Executive Session at 6:39 p.m. Council returned from Executive Session at 7:27 p.m. Mayor Stewart stated the participants in the executive session were Councilor Safavi, Councilor Weil, Mayor Pro Tern Brown, Councilor Gallagher, Councilor Blum, City Manager Cramer, City Attorney Guckenberger, Deputy City Manager/Director Goldie, Parks Coordinator Black; for the record if any person who participated in the executive session believed that any substantial discussion of any matters not included in the motion to go into executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the open meetings law, he asked that they state their concern for the record. Hearing none Council continued with the regular meeting. Deputy City Manager/Director Goldie presented Council Bill 11, Series 2021 on second and final reading. He explained City Council considered a preliminary petition for vacating several easements depicted on the plats for 2 and 4 Cantitoe Lane at the regular August 18, 2020 Council meeting; at that meeting, Council determined that the preliminary petition possessed sufficient merit to justify further consideration and authorized the further processing of a formal petition for vacation; on April 8, 2021, the Parks, Trails, and Recreation Commission (PTRC) made a recommendation to deny the request; on October 12, 2021, the Planning and Zoning Commission (P&Z) made a recommendatibn to approve the request; the applicant was seeking formalized vacation of the City’s interest, if any, in the easements, in an effort to remove any encumbrances that might create ambiguity on the title of these properties; the City had never maintained or improved the bridle paths and had not placed them on parks and trails maps; the trails were currently inaccessible due to geography and lack of connectivity; there were other alternate trails that existed in the vicinity that provided access from November 16, 2021 City Council Page2ofll  RECORD OF PROCEEDINGS Holly Street to the High Line Canal; staff recommended that Council approve the vacation. - Mayor Stewart opened the Public Hearing at 7:30 p.m. Tory Leviton was not present. Robert Eber, 3 Middle Road, stated Mr. Leviton had to leave. He noted his comments tonight were personal and not on behalf of PTRC. He indicated the City authority to vacate property only existed where there was a public interest; if there was no public interest-the City was without jurisdiction; the applicant had not acknowledged that there was a public interest; until the property owner acknowledged a public interest Council had no authority under the Municipal Code or state law to consider the petition because there was nothing to vacate; a proper means to resolve the uncertainty over the title would have been and should be a quiet title action; the issue was a legal question and should be decided by a judge; the vacation was contrary to the Master Plan mandates; the north trail from Holly to the Canal along Pond Road was not the legal certainty trail that Council thought it was; on the far western slope just east of Dahlia Street, where it is on Tenaya Lane, was not a legally guaranteed pathway to the High Line Canal, therefore the City did not have the access they would like to have; the current west edge of Tenaya Lane was with the permission of the landowner; the southern route along the trail from Holly to Fairfax required access only from the southern end and then awkwardly wound north and then west before accessing the trail; there was direct connectivity along Union Avenue and straight across to the existing bridge; it was an important connection for the residents of Southmoor Vista, Charlou, and Charlou/Chaumont, who had no trails in their neighborhoods and no access to the trails right now; his limited polling before PTRC reviewed the request indicated a unanimous desire to see a direct trail to the Canal; the argument had been raised by the applicant that they needed additional condemnation because the trail would not go all the way to Union Avenue; that was easy to do because it was such a short distance and it was already a public street; the Maven litigation that the applicant seemed to rely on was not binding authority, a different outcome was possible; the most important distinguishable fact he wanted to raise to Council was the Lake Cantitoe plat map which said in the far right-hand side regarding certification of ownership for Lots 2 and 3 stated it dedicated to the City all bridle path easements; there was a clear dedication to the public; the uncertainty existed in the City approval; there was internal conflict within the plat map; there was a legal argument that internal conflict on a document was read against the drafter; it was not a certainty but it was worth fighting for the trails of the Village; the legal arguments made in Maven were entirely different and could not be used as precedent; common law dedication principles were also against the vacation; he personally grew up in the neighborhood and had ridden his bike and his sister rode horses on the trails in Cantitoe, it was commonly used by the public without any understanding that the trails were private; the argument that the City did not use or maintain the trails should not be persuasive to Council; the trails were long owned by South Suburban and the contract with South Suburban prohibited the City from using the trails; the trail work in Cantitoe would need some time, energy, and money; that was exactly what the Master Plan and the citizens had told the Council they should be doing; he was surprised there had not been a negotiated resolution to give up three in exchange for one area; if Council went forward they could determine the vacation deserved compensation; the City should fight to protect trails and send the message that public uses are critical. Hearing no further comments the Public Hearing was closed at 7:42 p.m. Councilor Gallagher moved, seconded by Councilor Weil, to approve on second and final reading Council Bill II, Series 2021; vacating the City’s interest, if any, in certain bridle path easements located on Tract 6 of the Cantitoe Plat and Lot 3 of the Lake Cantitoe Plat, all located within the City of Cherry Hills Village, Arapahoe County, Colorado. November 16, 2021 City Council Page 3 of 1 1  RECORD OF PROCEEDINGS Mayor Pro Tern Brown indicated she saw her role on Council to protect the interests of the people of the Cherry Hills Village; the people had said repeatedly in no uncertain terms that parks, trails, and open space was one of the defining aspects of the community and a top priority for the City; it was in the Master Plan and found its way into almost every conversation; she had said before and would say again that she personally could not in good conscience vote to vacate trails or open space; she had said that in August of 2020 when the application was first brought forth and had voted no to continue the process; she would argue the legal information, use and maintenance of the trails in question were not relevant; in a vacation process the only relevant question to vacation was whether the requested vacation was in the best interest of the people of Cherry Hills Village; she argued vacation of public property, particularly in return for nothing, was never in the best interest of the people; in this particular request the public did not benefit from the request at all; the only interest served in this case was the interest of the property owner; she acknowledged the process had raised legitimate questions about whether or not the City had any interest in these trails, but the vacation process did not answer those questions; if the property owners were so certain there was no public interest in these trails then a vacation was not necessary; if they were not public trails then the City had no reason or, as Council had been told by Mr. Eber, not even the authority or standing to vacate them; if they were public trails then she believed they should not be vacated; either way she could not vote for vacation; she agreed this was a legal question; the legal question of whether these were public trails or not could not and would not be addressed through this process; she agreed the proper process should have been a quiet title action; in the vacation process she was being asked to take action against the interest of the people she represented in favor of an individual property owner; in a quiet title action process the applicant would be taking action against the City, neighbors, and the community; she could not in good conscience support this application. The following votes were recorded: Safavi yes Weil yes Brown no Gallagher yes Blum yes Vote on the Council Bill 11-2021:4 ayes. I nays. The motion carried. Council Bill 12, Series 2021; Amending Chapter 11, Article Ill, Concerning City Property, Parks, and Rights-of-Way (second and final reading) Parks Coordinator Black presented Council Bill 12, Series 2021 on second and final reading. She explained the only change since first reading was adding the word “table” back into the language, so that setting up a table in a park or on a trail would still require a City permit. Councilor Weil moved, seconded by Councilor Blum to approve on second and final reading Council Bill 12, Series 2021; a Bill for an Ordinance of the City of Cherry Hills Village, amending Chapter 11, Article Ill concerning City property, parks, and rights-of- way. The following votes were recorded: Safavi yes Weil yes Brown no Gallagher yes Blum yes November 16, 2021 City Council Page 4 of 11  RECORD OF PROCEEDINGS Vote on the Council Bill 12-2021:4 ayes. 1 nays. The motion carried. Public Hearing Council Bill 13, Series 2021; Authorizing the Renewal of the Existing - Cable Franchise Agreement Held by Comcast of Colorado IX, LLC, and Amending Chapter 5, Article I of the Municipal Code (second and final reading) City Attorney Guckenberger presented Council Bill 13, Series 2021 on second and final reading. She noted Colleen McCroskey from Ken Feliman’s office and Nick Jimenez from Comcast were both present tonight to help answer any questions. She explained the renewed franchise agreement would have a 10 year term beginning December 5, 2021 and terminating December 5, 2031, unless terminated sooner pursuant to the agreement; that was in conformance with the Charter which prohibited franchise grants for longer than 20 years; the franchise fee payment would remain at 5% which was the maximum permitted under federal law; the significant changes from the previous agreement were some modifications made to Sections 10.14 and 10.22 addressed issues pertaining to undergrounding utility lines; if Corncast is legally required to place its system underground, Comcast will bear associated costs; if other above-ground utilities are installed or placed underground, Comcast shall also underground its lines at its expense, unless funding is available from sources other than the City; and if the City requires Comcast to relocate any facilities located on City property or right-of-way, Comcast will bear the relocation costs, provided that Comcast will also be entitled to any non-City funds that may be available to users of the right-of-way for such relocation; the renewed agreement did not provide for any public, education, and government access channels; the agreement incorporated updated model customer service standards negotiated by the Colorado Communications and Utility Alliance. Councilor Blum asked Director Sager for an approximate amount for the 5% franchise fee. Director Sager replied the City budgeted $140,000; had received $151,000 in 2020; and had received $148,000 in 2019. Mayor Stewart opened the Public Hearing at 7:54 p.m. Hearing no comments the Public Hearing was closed at 7:54 p.m. Mayor Pro Tern Brown moved, seconded by Councilor Weil to approve Council Bill 13, Series 2021: a Bill for an Ordinance of the City of Cherry Hills Village, Colorado, authorizing the renewal of the existing cable franchise agreement held by Comcast of Colorado IX, LLC, locally known as Comcast; authorizing the Mayor and City Clerk to execute, on behalf of the City of Cherry Hills Village, the cable franchise agreement; and amending Chapter 5, Article I of the Cherry Hills Village Municipal Code on second and final reading. The following votes were recorded: Safavi yes Weil yes Brown yes Gallagher yes Blurn yes Vote on the Council Bill 13-2021: 5 ayes. 0 nays. The motion carried. November 16, 2021 City Council Page 5 of 11  RECORD OF PROCEEDINGS NEW BUSINESS Public Hearing — 2022 Proposed Budget Director Sager presented the 2022 proposed budget on first reading for Council’s consideration. She explained the one assumption remaining in the proposed budget was property tax revenue; staff had estimated property tax revenue based on initial assessed values from Arapahoe County; the final values would be provided by the County in time for second and final reading in December; there had been a few adjustments to the proposed budget since the October 5, 2021 study session; first, the final health insurance premium and dental insurance premium increases had been received and were lower than estimated; because of this change staff was able to adjust the eligible employee merit increase from 0.5% to 1.5% and increase the annual employee tuition reimbursement to a maximum of $10,000 per employee per request; included in the proposed budget was the $50 gold membership for the Transportation Solutions Arapahoe County organization per Mayor Pro Tern Brown’s request at the last Council meeting; based on discussions at the October 5, 2021 study session the at- grade improvements at Quincy Avenue and Colorado Boulevard were removed from the proposed Capital Fund budget; the proposed 2022 budget was a balanced budget with revenues and expenditures totaling $7,618,877; the projected ending fund balance for the General Fund at the end of 2022 was $13,451,390; the total proposed salary increase for all staff would be up to 3% which included both merit and cost of living; in preparation for a potential retirement announcement staff had originally included $12,000 for recruitment services and would adjust the budget as needed for second reading after the RFP deadline on Friday. Councilor Gallagher asked about the 2022 budget for Quincy Farm. Director Sager replied the 2022 proposed budget included $30,000 for weed mitigation at Quincy Farm in the Parks and Recreation Fund and $55,000 for general maintenance at Quincy Farm in the Cat Anderson Fund. Councilor Gallagher asked about amending the 2022 budget after the City came to an agreement with the Cherry Hills Land Preserve and began the annual plan process for Quincy Farm, if Council determined there were particular projects important to the Village. Director Sager confirmed Council could go through the supplemental appropriation process to amend the budget as needed. Councilor Gallagher asked about the 2023 budget for Quincy Farm. Director Sager explained the long range financial plan included $1.5 million over three years in the Cat Anderson Fund starting in 2023. Councilor Gallagher asked for confirmation that there was no commitment to spend that money. Director Sager confirmed that was correct, it was just a placeholder to see the effect on the long range financial plan. Councilor Safavi asked Council to consider if they could raise the cost of living increase for staff, since the current amount did not cover inflation. Mayor Stewart agreed and added if the City did not keep up with cost of living it was basically a pay decrease for staff. City Manager Cramer indicated he and department directors were concerned about this issue especially as it pertained to retention; recruitment had also been an issue November 16, 2021 City Council Page 6 of 11  RECORD OF PROCEEDINGS especially in the Public Works Department; to get to the current 3% total salary increase, staff had to remove several requested projects from the 2022 budget. He noted this was a question of priorities and asked Council to review the budget to see if there were expenditures that were lower priority for Council that might be removed in order to allow for additional cost of living. He asked Council to communicate any ideas to staff as soon as possible so that a final version of the budget could be approved at the December meeting. He indicated staff would review the budget as well. Director Sager noted the Council packets would be finalized December 1st so staff requested Council communicate any suggestions by November 2gthi Mayor Pro Tem Brown asked what percentage cost of living would cover inflation and what dollar amount that translated into. City Manager Cramer suggested a total of 4% would be comparable to other local municipalities. Director Sager asked Council if they wanted the additional 1% to be cost of living or merit. Council agreed they wanted it to be cost of living. Director Sager indicated an additional 1% cost of living would be about $50,000. Mayor Stewart noted this would be a continual issue going forward. Councilor Gallagher indicated the City had outstanding staff and asked what number would make the City competitive, especially when hiring staff. City Manager Cramer replied there were a lot of variables and the annual increase was only one variable; the salary range posted in the job opening was probably a more important variable for potential employees; the salary ranges were based on a survey of Colorado municipalities; he believed the City’s salary ranges were very competitive; he was concerned about falling behind neighboring municipalities on cost of living and merit increases over time and the effect on staff retention; the City had a lot of benefits for employees beyond salary but salary was an important variable. Mayor Stewart noted the Colorado Municipal League was a good resource for salaries; he had reviewed them and the City was competitive; he agreed cost of living raises over time was important. Councilor Gallagher asked how the increase in health insurance premiums was handled in the 2022 budget. City Manager Cramer replied the proposed 2022 budget continued to cover all increases in health insurance and dental premiums and did not pass along any of the increase to employees; unfortunately that was not sustainable forever and Council and staff would have some challenges regarding health insurance increases in the future. Mayor Stewart opened the Public Hearing at 8:13 p.m. Hearing no comments the Public Hearing was closed at 8:14 p.m. Council Bill 14, Series 2021; A Bill for an Ordinance Adopting a Budget and Levying Property Taxes for the City of Cherry Hills Village, Colorado for the Fiscal Year 2022 (first reading) Mayor Pro Tern Brown moved, seconded by Councilor Blum, to approve Council Bill 14, Series 2021; A Bill for an Ordinance Adopting a Budget and Levying Property Taxes for the City of Cherry Hills Village, Colorado for Fiscal Year 2022 on first reading. November 16, 2021 City Council Page 7 of 11  RECORD OF PROCEEDINGS The following votes were recorded: Safavi yes Weil yes Brown yes Gallagher yes Blum yes Vote on the Council Bill 14-2021: 5 ayes. 0 nays. The motion carried. Council Bill 15, Series 2021; A Bill for an Ordinance of the City of Cherry Hills Village, Colorado Authorizing Appropriations for Fiscal Year 2022 (first reading) Mayor Pro Tern Brown moved, seconded by Councilor Gallagher, to approve Council Bill 15, Series 2021; A Bill for an Ordinance of The City of Cherry Hills Village, Colorado Authorizing Appropriations for Fiscal Year 2022 on first reading. The following votes were recorded: Safavi yes Weil yes Brown yes Gallagher yes Blum yes Vote on the Council Bill 15-2021: 5 ayes. 0 nays. The motion carried. Council Bill 16, Series 2021; Amending the 2021 Budget and Approving a Supplemental Appropriation in the General Fund and the Parks and Recreation Fund for Expenditures Related to the Public Affairs Consultant Professional Services Agreement (first reading) Director Sager presented Council Bill 16, Series 2021 on first reading. She explained on October 5, 2021 Council approved a professional services agreement for public affairs consultant services with Blakely + Company for a not-to-exceed amount of $69,625; staff anticipated expending $28,175 of the contracted amount in 2021; this amount was not included in the 2021 adopted budget; staff recommended Council approval of the supplemental appropriation to the 2021 budget for $22,821.75 in the General Fund and $5,353.25 in the Parks and Recreation Fund. Mayor Pro Tern Brown moved, seconded by Councilor Gallagher, to approve Council Bill 16, Series 2021 a bill for an ordinance of the City of Cherry Hills Village amending the 2021 budget and approving a supplemental appropriation in the General Fund and the Parks and Recreation Fund for expenditures related to the public affairs consultant professional services agreement. The following votes were recorded: Safavi yes Weil yes Brown yes Gallagher yes Blurn yes Vote on the Council Bill 16-2021: 5 ayes. 0 nays. The motion carried. November 16, 2021 City Council Page 8 of 11  RECORD OF PROCEEDINGS RECESS OF THE CITY COUNCIL TO CONVENE AS THE CHERRY HILLS VILLAGE CHARLOU PARK 3RD FILING GENERAL IMPROVEMENT DISTRICT BOARD Mayor Stewart recessed the City Council Meeting and convened the meeting of the Cherry Hills Village Charlou Park 3rd Filing General Improvement District Board. MEETING OF THE CHERRY HILLS VILLAGE CHARLOU PARK 3RD FILING GENERAL IMPROVEMENT DISTRICT BOARD Mayor Russell Stewart, serving ex-officio as the GID Chairperson, called the meeting to order at 8:17 p.m. ROLL CALL OF MEMBERS The City Council for the City of Cherry Hills Village serving ex-officio as the Board of Directors of the Cherry Hills Village Charlou Park 3rd Filing General Improvement District: Mayor Russell Stewart, Councilors Katy Brown, Randy Weil, Afshin Safavi, Al Blum, and Mike Gallagher were present on roll call. Absent: Councilor Dan Sheldon. The administrative staff of the City serving as the administrative staff of the GID: City Manager Chris Cramer, Deputy City Manager and Public Works Director Jay Goldie, City Attorney Kathie Guckenberger, Finance Director Jessica Sager, Police Commander Pat Weathers, Parks and Recreation Coordinator Emily Black, and City Clerk Laura Gillespie. CONSENT AGENDA None ITEMS REMOVED FROM THE CONSENT AGENDA None UNFINISHED BUSINESS None NEW BUSINESS Public Hearing — 2022 Budget Director Sager presented the 2022 proposed budget for the Cherry Hills Village Charlou Park 3rd Filing General Improvement District. She explained the mill levy for the fund would be certified at 16 mills or $36,761 in property tax revenue for 2022; expenditures included the bond and interest payment totaling $29,525 and $3,000 in administrative expenses for staff time, auditing, and legal expenses; there was no action required of the Board tonight aside from holding a public hearing for the proposed 2022 budget; staff would present a resolution for the Board’s consideration at the December meeting. Mayor Stewart opened the Public Hearing at 8:18 p.m. Hearing no comments the Public Hearing was closed at 8:19 p.m. ADJOURNMENT The Charlou Park 3rd Filing General Improvement District Board meeting adjourned. November 16, 2021 City Council Page 9 of 1 1  RECORD OF PROCEEDINGS RECONVENE MEETING OF THE CHERRY HILLS VILLAGE CITY COUNCIL The meeting of the Cherry Hills Village City Council reconvened at 8:19 p.m. REPORTS Mayor’s Report Mayor Stewart reported he had attended the CML executive board meeting and the Mayor’s Munch. Members of City Council Councilor Blum had no report. Councilor Gallagher had no report. Mayor Pro Tern Brown had no report. Councilor Weil thanked Deputy City Manager/Director Goldie for the work being done on the sidewalk. Councilor Safavi had no report. Mayor Stewart asked for an update on the undergrounding project on Quincy Avenue. City Manager & Staff Deputy City Manager/Director Goldie reported staff continued to see progress on the undergrounding project and hoped for completion by the end of the year; the poles would come down as soon as the new wires were run; Xcel was just about done getting all the conduit and pull boxes in place; staff would continue to push Xcel on that project. Parks Coordinator Black reported in addition to the awards the City accepted tonight from the APWA, the John Meade Park project had won the Associated General Contractor’s silver award for meeting the challenge of a difficult job. City Clerk Gillespie reminded Council that the December meeting would be held on Wednesday December 8th• Mayor Stewart noted he had City Clerk Gillespie pull the election results for Cherry Hills Village which had not tracked the state results. City Manager Cramer reported at their latest meeting the Citizens Advisory Taskforce had started reviewing initial results from the master plan open house and the survey; the City had received close to 300 surveys so far which was a phenomenal response; the survey would close at the end of November; he noted residents were welcome to only fill out the questions that interested them if they did not want to complete the entire survey; staff would provide an update to Council on January 4th He emphasized the significance of the APWA awards received by the City. Mayor Stewart asked for an update on the Police Chief process. City Manager Cramer reported the RFP deadline for executive search firms was Friday; staff hoped to do the selection process in relatively short order, bring the contract to Council in January, and get the job opening posted in early 2022; three panels would conduct interviews: a community panel including two Council members; a law enforcement panel consisting of active police chiefs from surrounding jurisdictions; and a staff panel. November 16, 2021 City Council Page lOofli  RECORD OF PROCEEDINGS Mayor Stewart noted the online master plan survey stated it would take five minutes, but it actually took much longer. City Attorney City Attorney Guckenberger had no report. ADJOURNMENT Hearing no objection Mayor Stewart adjou the meeting at 8:28 p.m. (SEAL) Russell 0. Stewart, Mayor and ID Chairperson LaGiIleie,CIerk and GID Secretary November 16, 2021 City Council Page 11 of 11