RECORD OF PROCEEDINGS  Minutes of the  City Council of the City of Cherry Hills Village, Colorado Held on Tuesday, April 16, 2024 at 6:30 p.m.  City Hall, 2450 East Quincy Avenue, Cherry Hills Village, Colorado 80113  CALL TOORDER ROLLCALL  Mayor Brown called the meeting to order at 6:30 p.m.  Mayor Katy Brown, Mayor Pro Tem Randy' Weil, Councilors Earl Hoellen, Al Blum, and Susan Maguire were present on roll call. Also present were Interim City Manager Jim Thorsen, Deputy City Manager/Public Works Director Jay Goldie, City Attorney Kathie Guckenberger, Community Development Director Paul Workman, Finance Director Doug Farmen, Police Commander Brennan Leininger, Human Resources Manager  Kathryn Ducharme, and City Clerk Laura Gillespie. Councilor Robert Eber arrived at 6:43 p.m. Absent: Councilor Dan Sheldon PLEDGE OF ALLEGIANCE  The Council conducted the pledge of allegiance. AUDIENCE PARTICIPATION PERIOD camera near her property.  Laurie Hoffman, 3921 South Dahlia Street, expressed concerns about a surveillance Steve Struna, 2280 Cherry Hills Farm Drive, expressed concerns with the fence code requirements for replacing their solid wall along University Boulevard. REPORTS FROM CITY BOARDS, COMMISSIONS AND COMMITTEES  None  CONSENT AGENDA  Councilor Maguire removed Item 6d. items on the Consent. Agenda:  Mayor Pro Tem Weil moved, seconded by Councilor Weil, to approve the following  a. Approval of Minutes March 19, 2024  b. C.  Change Order #001 and Letter Amendment to Construction Contract with A-1 Chipseal Company toi the 2023 Slurry Seal Construction Contract for Agreement for Professional Services for' Weed Control Services in City  the 2024 Slurry Seal Construction Project  Parks and Open Spaces  The motion passed unanimously.  April 16, 2024 City Council Page 1 of8    RECORD OF PROCEEDINGS  ITEMS REMOVED FROM CONSENT AGENDA for Municipal Engagement Services  Item 6d. Amended and Restated Professional Services Agreement with CivicPlus LLC Councilor Maguire asked about the changes to the indemnification section of the City Attorney Guckenberger explained the contractor agreed to hold harmless and indemnify the City against all third party claims but would noti indemnify the City on Mayor Pro Tem Weil moved, seconded by Councilor Hoellen, to approve Item 6d.  agreement.  claims from the City.  The motion passed unanimously. UNFINISHED BUSINESS None NEW BUSINESS  Council Bill 2, Series 2024; Amending Section 16-3-120 of the Municipal Code to Councilor Maguire disclosed that her property would be affected by the proposed code amendments SO in theory she had a conflict of interest but she believed she could  Amend Certain Fencing Requirements (first reading)  consider the item without prejudice. Council expressed no concerns.  Director Workman presented Council Bill 2, Series 20241 for Council's consideration on first reading; the proposed amendments were intended tor reflect Council's direction from the. June 20, 2023 study session and the October 10, 2023 meeting; the proposed amendments consisted of adding the properties located north of E. Mansfield Avenue, east of Colorado Boulevard, west of S. Albion Street, and south of Hampden Avenue to Area 6 which allowed six foot tall 100% solid fences, removing the associated landscaping requirements for fences in Area 6, adding new figures and references to the code for clarity, and at text change for clarity; the Planning and Zoning Commission (P&Z) unanimously recommended that Council approve the proposed changes at their January 9, 2024 meeting; P&Z also discussed requiring surveys for fence permits and made as second motion to' "recommend that the City Council consider imposing a regulation that would require al boundary survey prior to final inspection for work, such as at fence or other structural improvement that adds to the footprint of a structure, that requires al building permit" passed on a 4-3 vote; based on the discussion at the Council  retreat no changes to the current process was proposed. Mayor Brown noted Councilor Eber was now present.  Councilor Hoellen asked about the language identifying the new lot lines being added to Director Workman replied the proposed language was intended to clarify the area but Mayor Brown indicated she was struggling with the City'st treatment of properties adjacent to state highways regarding the fence code; she shared photos of fences along Belleview. Avenue to show that there were fences noti in conformance with current regulations but aesthetically pleasing, and fences in conformance but not aesthetically  Area 6.  staff was open to changing the language for further clarification.  April 16, 2024 City Council Page 2of8    RECORD OF PROCEEDINGS  pleasing; she asked what Council was trying to achieve with the current regulations along state highways; part of thei intent of the current regulations was to preventa tunnel effect along trails and smaller roads but she questioned ift that was a concern along state highways, especially when meeting the current requirements might require the removal ofl large trees and when itv was very difficult to maintain landscaping; ift the intent was purely aesthetic, she questioned ift that was Council's role; the current regulations had no option for building a wall on the property line along a state highway Councilor Hoellen asked about the original intention of the fence regulations; he noted he received more calls from Greenwood Village residents about the state of Cherry Hills Village fences along the north side of Belleview Avenue than from Cherry Hills Village Director Workman replied staff could bring back information on the original intention; he believed it was mostly an aesthetic attempt to soften the buffer along state highways; he Councilor Hoellen asked who owned the land outside the walls along University at Mayor Brown replied those were likely owned by the HOA, whereas the fences along Councilor Maguire noted her fence was set back from her property line and that land Mayor Brown added it was legally not at taking because the property owner still owned the property buti in her mind the City needed to have a good reasoni for forcing property Deputy City Manager/Director Goldie indicated a majority of the City's insurance claims were fori fences that were right on the sidewalk; CDOT put the snow on the sidewalk and the City was supposed to move the snow to side of the sidewalk but when there was no areal between the sidewalk and the fence it was difficult to make the sidewalk Mayor Brown noted she had been on Council at the time these regulations were adopted and asked Councilor Eber about his recollection from being on Parks, Trails Councilor Eber did not recall the discussion being different for state highways but rather the concern was preventing tunnelling and improving aesthetics; another concern was preventing ice from building up where walls shaded streets, sidewalks, and trails. Mayor Pro Tem Weil indicated that while generally the City did not get involved in aesthetics, he received al lot of calls about the state of thel Belleview medians and it did make ani impression to the public about the neighborhood; he asked Council to give some thought to the question of aesthetics and howi involved the City wanted to be. Councilor Hoellen questioned calling the lots between Colorado and Albion unique; he asked about the lots along Happy Canyon; her noted the fence code was difficult to understand; he expressed concern with making sure there were no loopholes or unintended consequences; he questioned ift the current code unintentionally created eyesores because residents postponed replacing their fence because they would have  and she asked what Council would consider allowing.  residents.  suggested scheduling at future Council discussion on this issue.  Cherry Hills Farm.  Belleview were owned by individual property owners.  was essentially unusable.  owners to essentially give up use ofay portion of their property.  safe for pedestrians.  and Recreation Commission at the time.  tor meet the current fence requirements.  Councilor Eber replied the City's nuisance code could bei invoked.  April 16, 2024 City Council Page 30 of8    RECORD OF PROCEEDINGS  Mayor Pro Tem Weil noted the aesthetics had been important enough to Greenwood Mayor Brown indicated some of the properties along Belleview were trying to maintain Councilor Hoellen suggested Council respond to P&Z's recommendation regarding surveys to explain Council appreciated the recommendation and give reasons why they Mayor Brown agreed a response would be appropriate but asked if Council wanted to Director' Workman indicated P&ZI had not had a meeting since the Council retreat and hev would report to P&Z at their next meeting about Council's discussion and Councilor Maguire noted Council had not been in complete agreement at the retreat and P&ZI had also not been in complete agreement on the survey issue. Mayor Pro Tem Weil moved, seconded by Councilor Blum, to approve Council Bill 2, Series 2024, amending Section 16-3-120. - Fences, garden walls/perimeter walls, and enclosures of the Municipal Code on first reading, and instruct staff to revisit the state  Village to spend funds on the Belleview medians.  the landscaping. were nott taking it. revisit thei issue.  deliberation on that issue.  highway portion of the code ata ai future Council meeting.  The following votes were recorded:  Eber Hoellen Weil Blum Maguire  yes yes yes yes yes  Vote on Council Bill 2-24: 5a ayes. Or nays. The motion carried.  Resolution 5, Series 2024: Approving al Revocable Encroachment License Agreement with Christopher and Manisha Blair, Owners of 34 Charlou Circle, for the Installation, Construction, and Maintenance of Certain Improvements on City-Owned Right-of-Way Deputy City Manager/Director Goldie explained staff did not often bring these types of agreements to Council and had attempted many other solutions before determining that this was the best option; staff had been working ont the complaints about the constant flow of water at 34 Charlou Circle off and on since 2009 with three sets of property owners; the current property owners had the problem investigated by several different entities and professionals; the source oft the water could not be determined; this issue was only at this property; the City's storm drain system was not designed to accept continuous flow of water; the constant flow of water allowed algae to grow in the summer and ice to build up int the winter int the street; staff believed issuing a revocable permit to allow fort the installation of a private sump pump line to discharge into the  storm drain was the most feasible solution. Councilor Eber asked ift the water had been sampled.  Deputy City Manager/Director Goldie replied both staff and the property owners had the water sampled multiple times and it was not treated water and not contaminated.  Councilor Blum asked ifi it would be done by bore. Deputy City Manager/Director Goldie replied that was correct.  April 16, 2024 City Council Page 40 of8    RECORD OF PROCEEDINGS  Councilor Eber asked the homeowner about their efforts to determine the source oft the  water and to control the water. Mr. Blair explained their efforts.  Councilor Hoellen asked about the wording of the agreement regarding termination if the street was ever privatized, and the language was awkward for termination by the City Attorney Guckenberger replied ift the street was privatized the agreement would terminate by default and the City would take the necessary steps to properly terminate; the City would need to know why the licensee was terminating; she would review the Mayor Pro Tem Weil asked if the license ran with the land ift the property were sold. City Attorney Guckenberger replied the license ran with the land and would be assigned Councilor Eber indicated he used to represent the Health Department on environmental cleanup; the City needed to be cognizant oft triggering state requirements; the Health Department had a groundwater management program and a discharge program; this Councilor Eber moved, seconded by Councilor Maguire, to approve Resolution 5, Series 2024, approving a Revocable Encroachment License Agreement between Christopher William Blair and Manisha D. Blair, owners of 34 Charlou Circle, and the City for the installation, construction, and maintenance of certain improvements on the City-owned right-of-way, and further to authorize the City Attorney to make such changes as may be needed to correct any nonmaterial errors or language or to negotiate such changes to the agreement as may be appropriate and do not substantially increase the obligations of the City and to authorize the Mayor to sign such  licensee.  language.  tot the new property owner.  issue did not require a state permit.  agreement when ini final form. The motion passed unanimously.  Amending the City Council Rules of Procedure  Clerk Gillespie presented proposed amendments to the City Council Rules of Procedure based on Council discussion at the retreat; the proposed amendments were intended to limit audience participation on non-agenda items to residents only, prohibit donation of time from one speaker to another speaker, and clarify thet time limit may be reduced upon an affirmative vote of the majority of members present at the meeting. Councilor Hoellen asked ifr non-residents proving updates were always on the agenda.  Mayor Brown replied Council could amend the agenda. Councilor Blum asked about hate speech.  Mayor Brown replied there were free speech issues; the proposed amendments were intending to limit public comment during audience participation to City business; it had tol be consistent; public hearings would be open to residents and non-residents alike; public hearing comments needed to be germane tot the subject of the public hearing; audience participation was notl limited to any topic and was more vulnerable to abuse; residents had the right to speak tot their elected officials on any topic; in other municipalities hate speech had usually been from non-residents.  April 16, 2024 City Council Page 5 of8    RECORD OF PROCEEDINGS  Councilor Eber asked what would happen ifs someone used audience participation for Mayor Brown replied they had the right to speak and Council had the right to reply. Councilor Eber noted sometimes Council heard from non-residents on non-agenda Councilor Maguire replied nothing prevented a non-resident from communicating with Council members outside of a Council meeting about a non-agenda item; she warned against amending the agenda during the meeting to avoid any perception of unfairness. Councilor Blum noted thei issue of the homeless parking area on the north side of Mayor Brown replied if Denver was doing something that upset the residents of Denver but did not upset the residents of Cherry Hills Village she did not know that Council Councilor Maguire asked about limiting comments on agenda items to people who Mayor Brown replied there were situations where non-residents would bei impacted by a decision such as al land use application for a property on Clarkson or an issue at one of Councilor Maguire asked ifanything limited the topic of public comments tot the agenda Mayor Brown replied for public hearings the comments had to be germane to the public  hate speech.  items thatt they found valuable.  Hampden.  would do anything.  demonstrated a nexus with the agenda item.  the churches or schools.  item. hearing.  Councilor Maguire asked ifa all agenda items were public hearings. outside of audience participation, was during public hearings.  Mayor Brown replied the only time the public generally spoke during Council meetings, Councilor Hollen asked iff for audience participation the comments had to be germane to Councilor Maguire asked about limiting comments on agenda items to residents only. Councilor Hoellen replied he wanted to hear from everyone on topics Council Mayor Pro Tem Weil agreed the comments during audience participation had tol be Councilor Hoellen questioned ift the City could enforce that limitation with the current proposed amendments and if not asked what amendments would achieve that result. Council discussed if public comment on non-public hearing agenda items was limited to the audience participation period or was sometimes during the individual agenda items; comments from the general public versus the applicant versus City consultants versus organizations on the agenda for a presentation; if Council wanted clarification on a public comment; how Council could respond if comments deviated from the topic on non-public hearing agenda item; the state legislation that would have required all  an agenda item. Mayor Brown agreed. considered.  germane to an agenda item.  April 16, 2024 City Council Page 60 of8    RECORD OF PROCEEDINGS  municipalities to provide virtual public comment had not yet passed; the logistics involved in implementing the proposed changes; presentations versus public comments; thel benefit to Council of comments from non-residents during a Council meeting versus through other avenues; presenting materials from the public in paper form versus electronically; hearing from more residents with limited speaking time versus letting people donate their time so that one resident could address the complexity of an issue; were the proposed changes at trade off for something that might not be an issue. Councilor Eber moved, seconded by Councilor Maguire, to table the matter to the  second meeting in May.  The motion passed 4 ini favor and 1 opposed.  REPORTS Mayor's Report  Mayor Brown presented an award to Deputy City Manager/Director Goldie for 20 years ofe employment at the City; she reported on Arapahoe County's budget issues and suggested including information on their outreach efforts int the nexti issue of the Crier. Councilor Eber reported on his attendance at the Centennial Airport Community Noise Councilor Eber, Councilor Hoellen, and Mayor Pro Tem Weil asked about FLOCK Commander Leininger addressed the questions about FLOCK cameras. Mayor Pro Tem Weil reported on the latest DRCOG meeting.  Members of City Council Roundtable (CACNR). cameras.  Councilor Blum had no report. Councilor Maguire had no report.  City Manager City Staff Mitigation Plan.  Interim City Manager Thorsen congratulated Deputy City Manager/Director Goldie. Director Workman reported on the state legislation and the Arapahoe County Hazard  City Clerk Gillespie reported on City events.  Deputy City Manager/Director Goldie reported on the wetland mitigation project at John Meade Park; he reported on new electric equipment for the Parks Department. Commander Leininger reported on community outreach events at the Police  Department. City Attorney  City Attorney Guckenberger had no report.  April 16, 2024 City Council Page 7of8    RECORD OF PROCEEDINGS  ADJOURNMENT  The meeting adjourned at 8:47 p.m.  (SEAL)  Katilun 0AR6 Kathleen Brown, Mayor dauafallign Laura Gillesplé, City ferk  April 16, 2024 City Council Page 8 of8