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I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the for Tuesday, February 6th, 2024. And I'm going to ask councilmember Snyder to lead us in the pledge of allegiance. Madam City Clerk, please call the roll. Mayor Mell's. Here. Mayor Pro Tempedia. Present. Council Member Fidler. Here. Council Member Green. Estoyaki. Council Member Johnston. Present. Council Member Pulaski. Here. Councilmember Johnston. Present. Councilmember Pulaski. Here. Councilmember Snyder. Here. Councilmember Tadeo. Present. Councilmember Worth. Here. You have a quorum, your honor. All right, thanks. Next is approval of the regular agenda. Anyone want to make a motion on that? Councilmember Green. A mayor motion to approve for approve the agenda. Councilmember Green. I can marry motion to approve for a glue agenda. Councilmember Fiddler. Sorry mayor. I'll second that. There's a proper first and a second to approve the agenda. If there's no discussion, we'll call vote. We can get the votes, Taled. the motion passes 9 to 0. Next is the consent agenda. Madam City clerk, please read that into the record. Item 3A approval of the January 2nd, 2024, outgoing City Council minutes. Item 3B approval of the January 2nd, 2024 in coming City Council minutes. Thank you. There's their motion. Council member Poloski. Thank you Mayor. I would like to motion for approval. Thank you and then Council member today. Second that there's a first and a second to approve the consent agenda is read. if there's no other discussion We'll call vote Motion passes 9 to 0 Moving on no ceremonies today, so we'll go on to public invited to be heard on matters not on the agenda I have one person signed up to speak. There are two other signed up to speak for an item later on the agenda We'll go to that at that point Person signed up speak is Tom Lampo. So Tom come up. State your work on the podium. Those are usually always on I think. Oh was I supposed to? That's okay. You could have told me. He pushed doesn't work. Try it again. Hello. No, yes. Here comes our technical professional here. And well, we'll reset the clock for Mr. Lample as well when this gets fixed. Try it again. What did he say no? I don't know. Hold on. You got it. This one works. You want me to use this one feel free to yes Go ahead and use that one on the table right and then we'll restart the clock for your five minutes. Go ahead Feel free We're good. All right. My name is Tom Lampo and I'm here to pray for the City of Brighton. But first I want to begin tonight by reminding everyone that words matter and choice of words matter. On September 17, 1787, Elizabeth Willing Powell asked this question of Benjamin Franklin. Well, doctor, what have we got? A republic or a monarchy? Franklin responded, a republic, if you can keep it. He knew something. And we have a republic, a constitutional republic to be exact. We just pledge allegiance to the republic. And it matters. Although if you listen to our politicians, our news media, and our educators, more often than not, you hear them say we have a democracy. And there's a big difference. Democracy is two wolves in a lamb voting on what's for dinner. If there are more of you than there are of me, you win and I lose. And that's a democracy. The Constitution protects the people. Our government can't take what Constitution gives us. Constitutional Republic is supposed to limit our elected officials and protect we the people. That isn't always the case and maybe our elected officials have bought into the belief that we are a democracy and not a constitutional republic. Words matter, please know we are a constitutional republic. Mr. Franklin was correct in stating if you can keep it, I'm choosing to keep it. Please join me in prayer. Heavenly Father and Jesus, victorious name, you are the God of Brighton. You already have victory and we share that victory with you. We are your people and we are victorious. Those that want to bind us and enslave us have no hope against you. Your word is clear in Proverbs 1921. Many plans are in man's heart, but the Lord's decrees will prevail. You want a free people not slaves to a system that benefits you. Changes near, exposures near, keep a strong in patient, keep us faithful to you. We will remain expectant Keep us faithful to you. We will remain expectant and we will need you. We ask for what is stated in Psalm 25 4 through 5. Show me your way Lord. Teach me your paths. Guide me in your truth and teach me. For you are God my Savior and my hope is in you all day long. Our hope is in you. Our current situation demands it. We can't sustain the path we are traveling on. There's too many in our society that are left behind. You have a better future for everyone. You have a brighter future for everyone. Your love for humanity is far greater than we acknowledge. In Isaiah 4031 it states, but those who hope in the Lord will renew their strength. They will soar on wings like eagles. They will run and not grow weary. They will walk and not be faint. Our hope is in you. Help us focus our eyes on you and give us your words so we can sustain the onslaught from our enemy. You have us here at this time in this circumstances that surround us for a reason. We can endure if you will remain with us. And your precious name we pray. Amen. Thank you and you guys have a nice night. Thank you Tom. Like I said the other two that sign out to speak will be later on the agenda. Moving forward. Next is under public hearings 6a and ordinance of the City Council of City of Brighton Colorado approving the 1 41 South South Third Avenue historic landmark designation for an approximately .17 acre property. Generally located on the west side of South Third Avenue in the middle of the block between of Colorado. This is a first reading. So I will go ahead and. Officially open up the public hearing. Ask of our city clerk to verify all the necessary postings and the city's support. I will go ahead and. I will go ahead and officially open up the public hearing. Ask of our city clerk and verify all the necessary postings and publications were done. Yes, your honor. The notice of public hearing was published on the city of Brighton website on January 19th, 2024. Thank you. City manager Martinez, who will be presenting tonight? Thank you, Mayor. Good evening, Mayor Pro Tem, and members of Council tonight for this presentation. And the next three I believe will be Senior Planner and Historic Preservationist, MLA. Come on up, Emma. Thank you, City Manager. Is this working? Does it sound good? Okay, perfect. Love when that happens. All right, good evening, Mayor, Mayor Pro Tem, members of Council. As the city manager said, I'm Emily and senior planner and historic preservationists for the city. And I'm here to present the one for one South Third Avenue historic landmark designation. The applicant is Tony Kyle and the property owners are Brian and Tony Kyle. For those unfamiliar with the property, it is outlined on the map and is generally located on the west side of 3rd Avenue between Bush Street and Egbert Street, Lott's 29 and 30 of Block 14 of the Walnut Grove Edition. Historic landmark designation is an official designation of the city of Brighton, declaring a site, a structure, or a district, as historically, architecturally or geographically significant to either the history of Brighton, Colorado, or beyond. Designating a property as a historic landmark ensures the preservation of the resource and creates funding opportunities for preservation or restoration such as grants and tax credits. When considering the historic landmark designation, staff use the review criteria outlined in the Land decent development code, section 10.03 C2. As a designation is reviewed by City Council, it is important to refer to these criteria to ensure consistency in review. The default background on the property, the property was originally owned by Brighton Founder, Daniel F. Carmichael. And in 1887, the year of Brighton's incorporation, Carmichael platted the land now known as the Wanda Grove Edition as one of the first platted neighborhoods in Brighton. After this, the land, as part of a larger purchase, was bought by numerous parties before any structure was built on the land. Finally, in 1921, Ella and Thomas Miles purchased the property. The house was completed between 1921 and 1923. Thomas Miles was a farmer in Brighton prior to purchasing the property. According to the Brighton City directories, while the Miles family lived in the house, Thomas worked as a realtor for the Brighton Realty Company. In 1940, Thomas passed away. In 1942, the Wagner family purchased the home. Catherine and Philip Wagner lived in the home with Catherine's children from a previous marriage, Philip's children from a previous marriage, and their children together. This totaled 11 children living in the house at that time. Philip Wagner was also a farmer in the Brighton area. The Brighton City directories suggest that both Catherine and Philip lived in the home until 1964. Philip passed away in 1968 and Catherine continued to live in the home until 1984 when she passed. At that time, the home was deeded to Eleanor Geiego's Catherine's daughter. After the Wagner family sold the property in 1989, several families lived in the home. And in 2022, the Kyle family bought the home. Brian and Tony Kyle are the current owners and residents of the home. Moving into the review criteria, the future land use portion of B Brighton the city's comprehensive plan designates this property as appropriate for medium density residential which is consistent with the current and future use of the land as a single family dwelling. The proposed historic landmark designation meets other policies and strategies of the comprehensive plan as well. The comprehensive plan mentions that historic properties within Brighton are a valuable resource that contribute to the fabric of the community and are an asset that the city should strive to retain. Within the comprehensive plan chapter on citywide principles, policies, and strategies, the proposed historic landmark designation advances a number of these goals as well, including those listed on the screen, which focus on the preservation and reuse of existing resources within the city. In making its decision, the city council shall use the criteria found in section 10.03a, the policy and intent of this section. The nomination for designation of 141 South Third Avenue would help protect and enhance the use of cultural resources within the city. The House provides a great example of the Craftsman style architecture that was popular at the time of its and style architecture that was popular at the time of its completion between 1921 and 1923 and is consistent with the overall style and theme of the neighborhood, the Walnut Grove edition. With the allowances that the Landuzen Development Code gives landowners in terms of preservation of their resources, the designation creates a reasonable balance between property rights and public interest and therefore advances the policy and intense of the section of the Landu's and Development Code. In making its decision, the City Council shall also use the criteria found in section 10.03B1, historic landmark eligibility. The property must be at least 50 years old and possess historical and or architectural significance. Under Category A, architectural, the nomination meets criterion one and five. In reference to criterion one, the house built between 1921 and 1923 is a great example of the craftsmanship architectural style that was popular in Brighton and in the United States during this time. Ashen on the screen, examples of the craftsmman style on this structure include 6 over 1 divided light windows, exposed rafter tails, and roof beams, low-pitched front-gabel roof, and the divided light windows shown in the gable peak. In reference to Criterion 5, the craftsman style house was popular in the Brighton area, as seen in much of the Wanda Grove edition and other Brighton neighborhoods that developed around the same time. In the Wannock Grove edition alone, there are approximately 41 craftsmen bungalows. Under Category B, Social and Historic, the nomination meets Criterion 4. The original occupants of the home, as well as the next owners, Thomas Miles and Philip Wagner respectively, were both farmers in the Brighton area, which directly reflects the character of early Brighton, as well as the modern age of Brighton. Under Category C, geographic and environmental, one for one South-Earth Avenue does not meet any of these criteria. Even without meeting any of the criteria in Category C, the home still achieves exceptional significance as defined by our Land use and Development Code. All postings were completed in accordance with the Land use and Development Code and those dates are before you on the screen. City staff has also published public hearing information on various forms of social media in the days leading up to this meeting and as of the beginning of this meeting staff has received no formal comment regarding this item. As for staff recommendations, the appropriate staff has reviewed the project and is recommending approval. Staff finds that the proposal meets the review criteria laid out in section 10.03 C2 of the Landuzen Development Code and therefore recommends approval of 141 South 3rd Avenue Historic Landmark designation. On November 16, 2023, the Historic Preservation Commission heard the request and unanimously voted to recommend approval of the historic landmark designation. At this time, four options are before you on the screen. Thank you all for your time and attention. And I look forward to any questions after a brief presentation from the applicant. Tony, you want to come up and add to the presentation? Excuse me. I am going to read tonight because last time when I didn't read, I forgot all the really cool things, and I don't want that to be the case. Thomas and Ella Miles and their family. The original owner of the house. one four one South Third Avenue was Thomas A. Miles who owned a farm in Britain, though did not choose to live on it. He lived up for one four one South with third Avenue with his wife, Ella Butler and his two daughters, Florence Claire Miles, Euler and Grace Ella Miles Griffin. The Miles family remained in Brighton through at least the 1940s when Thomas passed. Research shows that the family played a significant role in the growth of the city and were well known in their community. An article from the Greeley Tribune dated May 25, 1899, cites Thomas Miles as the star witness in a murder trial that led to the conviction of the man whom he testified against. The following are the events transcribed in the article describing details of what led to the murders, the murders themselves, and the discovery of the murders. Charles O'Hara had asked Mr. Miles if he wasn't interested in buying his and his wife's farm. Miles did not want to purchase the farm, however, he was interested in O'Hara's farm equipment. They made a plan to meet to complete the sale. When O'Hara did not arrive at the designated time and place, Miles was concerned as O'Hara was known for his follow-through when it came to a business deal. He ran into O'Hara's farmhand, Frank Harold the next day, who told Miles that both Mr. and Mrs. O'Hara had gone to Texas on business and that he had been sent to complete the business deal. Miles felt uneasy about Harold's response and asked if he had a bill of sale with O'Hare's signature. The following day, Miles and his friend, Mr. Lair, went out to O'Hare's ranch to complete the sale, but found that the ranch had not been left in a state indicative of its owner and wife being gone for a long trip. Harold claimed that he was waiting on the bill of sale from O'Hare's nephew when Lair noticed blood splatter on the wall near the entrance of the house With Harold which Harold claimed to have been from a pigeon Miles and lair returned to Brighton convinced that there had been foul play Which led them to notify the sheriff of what they had found and in true old west style and true to our roots They formed a posse to go back out to the farm and investigate to pause so you go back out to the farm and investigate. This team went back out and Sheriff Elliott arrested Harold and another man by the name of McClairey. The sheriff again questioned about the blood splatter as well as shot marks that were in the front door. Harold claimed that the shot marks were from their attempts to shoot the pigeon in the house. Mr. McClairey was released and Harold was taken to Brighton where he was housed in a jail. The next day the team went back out to the ranch to search for the bodies of O'Hara and his wife, where they were found buried in a shallow grave on their land. The team went back to search the house again and found that a hole was on in the floor and patched with new boards, then covered with a rug. Near the new boards more blood was found on the floor, as they continued their search, they also found blood nearby that same patch. Next, the team searched the barn where they found a hammer with what looked to be blood on it, as well as hair that matched the appearance of O'Harris. When the bodies were pulled from the shallow grave, it was discovered that Mr. O'Hare had been hit in the head with the hammer, and Mrs. O'Hare had been shot in the back of the head. Sadly, the remainder of the article is missing. Fortunately, the headline in the article states that Frank Harold was found guilty of murder in the first degree in the most quote, most exciting trial held in Greeley in years. The trial needed to be held in Greeley as Brighton had not yet completed its courthouse as the newly elected county seat for Adams County. The heroics displayed by Thomas Miles in the O'Hare murder case were only the beginning of what would be a lasting legacy for him and his family. Mr. Elias was also a real estate agent in Brighton and he helped one of the first Brighton Japanese families purchase their own farm after the husband had acquired great skill at farming during his time working on the Miles Ranch. Mr. Miles's two daughters, Florence and Grace, would bring this Japanese farmer a cake on Sundays. Florence graduated from Brighton High School in 1915, then became a teacher and would eventually have the Japanese farmer's children as students. In 1930, Florence became the first principal at the Henderson School and remained in that role for six years. Grace graduated from Brighton High School in 1923 and then married the neighbor boy who lived in the house on the corner our own little hallmark movie here in Brighton. Now known as Team Toddler. Her husband Howard Griffin was the grandson of George Griffin who settled Brighton with a group of five other men and their families. Howard and Grace had two sons Clinton and Gordon who were prominent athletes in Brighton, and continued to live locally even after they were married. Clinton worked for public service, and Gordon worked for Adams 14 School District. Both Florence and Grace loved to sing and remembers of a performing group in Brighton during their adult lives that would put on yearly concerts. LM Isles, the wife of Thomas Myles, sold the property to Philip and Catherine Wagner in 1942. A Brighton directory from 1943 lists the Wagner's as living with their 11 children in a house that at the time is listed as having three bedrooms and one bathroom. In February of 1944, Katherine Wagner simultaneously filed for a divorce and a restraining order against her husband Philip. However, in August of 1944, the divorce and the restraining order were dismissed. While dismissals were not unheard of, this dismissal is interesting as the reason for the dismissal and the cost of the dismissal are illegible due to a series of X's that span that portion of the document. While legally, Philip and Catherine remained married, they are only listed jointly again on public records as parties and property and land deeds. One document states that Philip died in 1961, however, deeds carrying his name after that date are not noted to be made by errors or executives of his estate. The final piece to the Wagner puzzle that assists in creating a more complete story of the Wagner family is Catherine's last will and testament. Catherine states that her legacy in a state be left to only three of her children and their posterity. Herbert, Albert, and Eleanor. Specific instruction was left that the remaining children or their posterity would not receive a portion of her estate. Any money owed to her by her children or any property was to be paid out of their inheritance. Based on the deeds available in public record, it's believed that a Catherine owned over 200 acres of land before her death. Given the era in which these events occurred, Catherine was a female force not to be reckoned with. Whether this was intentional or by necessity, her legacy is one of the significance to Brighton's history. Eleanor Galegus was given the property at 141 as part of her inheritance from her mother, Catherine Wagner. Eleanor and her children lived at the property until 1989 when it was sold to Sharon Walshman. Sharon is believed to have been a stylist in the Brighton area. When she retired, she and her husband sold the property at 1 4 1 to Christopher and Jody Rae in 2009. While communication with the Rae family was brief, there is a small snapshot of the role that they played in the history of the property. Christopher and Jody had an affinity for older homes and before living at one for one owned a historic home in Denver that they had renovated. They purchased the property in Brighton to be in a more family friendly area with the intent to restore and improve the property as they had with their previous home. However, life with young children divided their time and resources more than they had anticipated, which changed their plans for home. Christopher and Jody moved out of state to better meet the financial needs of their family while continuing to use the home as an income property. Now my favorite story of all. The raise listed the property for sale in 2022. They received two offers in the first week of listing, one from an investor who offered the full asking price in cash, and a second for over the asking price that would be contingent on the sale of the purchaser's current home. The latter, the Kyle family, wrote a letter to Christopher and Jody explaining their love for the historic home as it was. Their intentions to hold true to its historic roots and their plans for their property to be their forever home in which they would experience life's milestones as their children become adults and have children of their own. While reviewing the offers and the letter, the rays were visiting with family and discovered that the second offer and its accompanying letter had come from a teacher that their niece had walled in middles. The influence of the letter and the persuasion of the niece convinced the race to accept the second offer from Brian and Tony Jean Kyle despite the contingency and the Kyle's took ownership of the home in July of 2022. Brian and Tony are active members of the Brighton Community through the Arts, Education and Civic Service. They have carefully restored and maintained 1-4-1, South Third Avenue in a manner that holds to the promise made to the raise with further plans to continue the work and encourage others in historic Brighton to do the same. I promise my final thoughts and I'll wrap it up. continue the work and encourage others in historic writing to do the same. I'll I promise my final thoughts and I'll wrap it up. When I visited the Smithsonian National Museum of American History with my students last summer in Washington, DC, I discovered an exhibit that I had not seen on previous tours with my students. At the center of this particular gallery is a partially reconstructed house that stood for 200 years at 16 Elm Street in Ipswich, Massachusetts. About 30 miles north of Boston, the house and the exhibition that surrounds it tell the stories of five families who lived there over the years and made history in their kitchens and their parlors. Through everyday choices and personal acts of courage and sacrifice. Through their lives, the exhibition explores some of the important ways ordinary people have been part of the great exchanges, the great changes are an events in American history. Not only does this exhibit preserve and share the history of the home, it also preserves and shares the stories of the people who lived during some of the most tumultuous times or eras of American history. If historically designated, one for one, South Third Avenue will preserve and share the architecture, stories, and history of Brighton's almost 150-year existence. Its designation protects not only the structure, but also the heritage of those who owned it and who are an integral part of our city's legacy. Thank you. Thank you, Kyle, for that very detailed story. Emily, have anything to add? No, I don't. All right. She told everything I could think of. Yeah, everything we found out. Very job. Madam City Clerk, is there anybody that's been any correspondence for or against this request? No, you're on. the matter of city clerk is there anybody that's been any correspondence for or against this request. No, you're on. Okay. Before we go on to motions, we'll go to questions and comment from council. Mayor Proton. Are there any comments from the public? No one signed up for this piece. So we'll go on to comments from council. Mayor Proton go on to comments from Council. They're broken. Thank you. Thank you so much for sharing that history and sharing everything about the house and the people who have been in there. It's so neat to learn who we have. My mother was raised about a block down. She was in the 300 block of South Thirds, so I know the neighborhood I know the house and I love seeing what's done with it. So love it when you want to take that ownership and do something lasting with it. Very supportive. Thank you. All right. I'm gonna go ahead and officially close the public hearing. And this is before council for consideration. Councilmember Green. Thank you very much to approve item 6A. All right. Councilmember today. Thank you. I have to add right before I say I second that. You've given me thoughts about doing my own house. So thank you for paving the way. I might call you and get some advice, but I'm here for it. Very much so. I'm very excited that you're doing that. Yeah, you're only about four blocks from her, huh? Yeah. There's a proper first and a second to approve 6a. If there's no other comment roll call vote. Motion passes 9 to 0. move and forward item six B. Hold up here. And an ordinance of the City Council of the City of Brighton, Colorado, proven the Sable Farms Zoning Map Amendment from the Sable Farms Plan Unit Development to the Zoning Designation MU-R-EC, R2, R3, and OS, or to approximately 131.52 acres of property, generally located on the southwest corner of E470 and Saeble Boulevard and more specifically located in the northwest quarter of section 31 township 1 South range 66 west of the 6th principal Iranian city Brighton County, Vatom State of Colorado. This is a public hearing. I'll go ahead and open it up So this is a public hearing. I'll go ahead and open it up. Ask our city clerk to verify all the necessary postings and publications were done. Yes, your under the notice of public hearing was published on the city of Brighton website on January 5th, 2024. Thank you. Then city manager Martinez, who will be presenting on this tonight? I will turn it back over to Emma. Emma, welcome again. Thank you. Good evening, Mayor, Mayor Pro Tem and members of Council. Again, I am Emma Lane, Senior Planner and Historic Preservationist for the City. And I am here now to present the mentioned item, the Sable Farm Zoning Map Amendment. The project contact is Crescendo with Man Hard Consulting and the property owner is Sable Land LLC, with them tonight are various members of their team. For those unfamiliar with the location of this item is outlined on the map and is generally located at the southwest corner of E470 and Sable Boulevard. The property is approximately 131.52 acres in size and has never been platted. The applicant is requesting a zoning map amendment from the Sable Farms PUD to MURIC Mixed Use Regional Center, R2 Mixed Density Residential, R3 Multiple Family Residential, and OS Open Space. For those in the audience unfamiliar with this process, rezoning is the second step in the land development process with the city. A subdivision plan and final plot will be required before site development can occur. The staff report goes into more detail regarding the steps following the rezoning. By considering the zoning up amendment, staff use the review criteria outlined in the Land Use and Development Code, section 2.03B. As the rezoning is reviewed by the City Council, it is important to refer to the criteria in the section to ensure consistency in review. Currently, the property has a zoning designation of mixed use office, mixed use commercial, and mixed use industrial within the Sable Farms PUD. The subject property was annexed in 1988 as part of the Sable Farms annexation. To help determine if this area is appropriate for a rezoning, staff has analyzed the surrounding uses and zone districts. To the north across E470, there's undeveloped land zone business park within the city limits. Almost completely surrounding the property to the south, east, and west. There's undeveloped land zone mixed use regional center. Also to the South, East, and West, there's undeveloped land, zone mixed use, regional center. Also to the East, the Adams County Government Center is within the Adams Crossing and Adams County Government Center PUD. The proposed zoning categories present a mix of uses within the property. Partials one and four are proposed to be zoned as R3, multiple family residential. Partials two and three are proposed to be zoned as MURAC mixed use regional center. Partial five is proposed to be zoned as R2 mixed entity residential. And parcel six which is mostly flood plain is proposed to be zoned as open space. Looking to the Landucent Development Code, the City Council in making its decision shall use the following criteria as found in Section 2.03B. In regard to criterion 1, the property's rezoning will help support policies of the comprehensive plan. The future land use portion of B Brighton, the comprehensive plan, has designated this area as appropriate for mixed use commercial, which includes primary uses of retail services, offices, and hotels, high density residential, which includes the primary uses of multi-family buildings, medium density residential, which includes the primary uses of single-family detached, attached, and small-scale multi-family buildings, and natural resource conservation which limits development. In addition to the future land use portion of the Comprehensive Plan, the proposed zoning amendment meets numerous other policies that are outlined in more detail within your staff report. In the Opportunity Area Policy of Section, section of chapter three, the proposed property meets a number of these standards as well, including number 6, which states that high-density residential with unique design qualities in a mixed-use format shall be encouraged to support the area's commercial development and should be concentrated south of Epoor 70. This is supported by the residential and mixed-use zoning districts being proposed within the development. This section also states that open space should be preserved, especially those areas within the flood plain along second and third creeks, which is directly supported by the flood plain proposed as open space in the southwest corner of the property. Within the comprehensive plan chapter four on policy, on citywide principles, policies, and strategies, the proposed zoning map amendment advances a number of these goals as well, including those on the screen. The proposed mix of residential and commercial uses encourages the live, learn, workshop, and play concept, and encourages the diversity of housing costs and types. In regard to criteria two through five of the land use and development code review criteria, the proposal meets these criteria as well. The areas within the Dr. Cog, Denver Regional Council of Governments, Urban Center, which encourages a mix of uses and higher density within the urban center boundaries. The property can be adequately served, and any future site developer will pay applicable costs to connect to the city center boundaries. The property can be adequately served and any future site developer will pay applicable costs to connect to the city's infrastructure. In addition, the residential growth occurring in this part of the city was not anticipated when this property was initially zoned. This application balances community needs and desires for residential and commercial uses. City staff finds this as appropriate for a mixed-use commercial and residential uses given its specific location and based on the desires of the community as expressed in the comprehensive plan. Site development, including buffering and building design, will occur in accordance with the AppleCouple Zone District Standards as outlined in the LanduCin Development Code. Any site on the property will only be permitted with a design that ensures it fits in with a context and development patterns of the area. All postings were completed in accordance with the Landuzen Development Code and those states are before you on the screen. In addition to the public notice, city staff also posted information for this public hearing on Facebook and next door. Prior to any formal submittal to the city, a neighborhood meeting was held on October 24, 2022. As of the beginning of this hearing, planning staff received one formal comment from the public regarding the project, which you have in front of you or will shortly. As for staff recommendations, the Development Review Committee reviewed this project and recommends approval. The Planning Commission heard the request on December 14th and unanimously voted to recommend approval. Staff finds that the proposal meets the review criteria, has found in Section 2.03B of the Landuzen Development Code, and therefore recommends approval of this zoning map amendment for the property to MUREC, R2, R3, and open space. Staff has prepared a draft ordinance that approves the proposed zoning map amendment. At this time, City Council has four options before you on the screen. Thank you all for your time and attention this evening and I look forward to any questions. Okay. If the applicants here would you like to come and add anything or she? I mean, I'd like to come out. I'm Mary, Mary, I'm here to attend and City Council members. My name is JC Carlson. I part of the family that purchased the property in 2004. So I had to talk my dad through that, but that's 20 years. So, I had to talk my dad through that, but that's 20 years. And we have with us on our team, our civil engineer, our traffic engineer and our planner, who will be here for any questions or concerns after our presentation. But I'm going to turn the time over to our planner to walk you guys through what we have worked on getting set up. I'm going to put it in there really quick. I apologize. I'm going to go ahead and do that. I'm going to go ahead and do that. I'm going to go ahead and do that. I'm going to go ahead and do that. I'm going to go ahead and do that. I'm going to go ahead and do that. I'm going to go ahead and do that. I'm going to go ahead and do that. I'm going to go ahead and do that. I'm going to go ahead and do that. I'm going to go ahead and Do we need to take a five minute break? Would that be appropriate? Yeah. We can absolutely do that. OK, let's just take a five minute break while you get that together. Thank you. Thank you. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the I think most of us are back. We'll just wait another one. But go ahead. Thank you. And I apologize for the miscommunication. We all thought somebody else was sending it. The presentation. Sorry about that. Good evening Mayor, Mayor Pro Tem, members of the City Council for the record my name is Karen Henry with Henry Design Group. Our address is 1501. Was he street sweet once he Denver? First of all I'd like to thank Emma who has guided us through this process and the the city's comprehensive plan. I will attempt not to be too repetitive from what Emma has presented. This initial slide is a larger area indicating the location of the property. As you can see, E4 is a larger area. It is a larger area. It is a larger area. It is a larger area. It is a larger area. slide is a larger area indicating the location of the property. As you can see, E470 is a long, minor than property. Undeveloped land is to the north, west and south, and Adams County Justice Center to the east. Large lots in Adams County with residences are further to the west of this site. The proposal before you is to rezone the PUD zoning that was established with the annexation in 1988, which was for a mixture of commercial office and industrial uses for the entire site. These uses are much higher in intensity than the proposal before you this evening, as well as now, but they are no longer permitted by the current comprehensive plan. Actually, over the years, Mr. Carlson has been approached with the type of use. I'm going to interrupt you real quick. Would you have the mic lean closer to your mouth? Better? Yeah, just step close and then go ahead. Okay, sorry about that. Little shorts. Over the years, Mr. Carlson has had users approach him that would have been in compliance with the previous PUD and he's had to turn those users away. At the time of their original PD zoning, E470, and had an interchange at Potomac Street, we're in the planning process. Since then, the interchange into 470 has changed to Sable Boulevard, which we believe to be a better alternative. Right away has been dedicated by this landowner to accommodate the interchange. Recent discussions indicate additional planning and design is in process which will enhance the transportation for this overall area. This site indicates where the site is located within the overall comprehensive land use plan. The comp plan indicates a mixture of uses along mixed use commercial along table boulevard, which is proposed in planning areas two and three, as a mixed use region center, regional center, the mixed use commercial provides for the MUREC. Mixed use district as a compliant zone district to the comp plan. This zone district within Sable farms will provide for regional shopping, employment, institutional uses, arranging them in the heart of a multimodal regional destination at the southeast corner of E470 in Sable Boulevard. The broad variety of lane uses has permitted in the MUE-ERC. I've got that backwards. A wide variety of lane uses has permitted. We'll be attractive to users, desiring high visibility and good access. The MUREC will be complimentary also to the adjacent Adams County government center. High density residential is designated on the complex. It's proposed in parcels one and four along 470. And adjacent to the mixed-use commercial, long 120 fourth avenue. The R3 district provides residential living in a modern density pattern in the suburban neighborhood providing transitions from the lower density are two areas to the more intense non-residential uses. The high level of accessibility, public amenities, support services are immediately available. Our three areas may include duplexes, row homes, multiple family homes, and ancillary uses appropriate for high density homes. Medium density residential is proposed in parcel five in the southwest corner, adjacent to the open space. The residential within the R2 and R3 districts provide housing to meet the current market demand and provide flexibility to adjust a future housing means in the the next one. Partial six is plan for open space per the comprehensive plan as well. The open space zone district is intended to preserve the second creek corridor. Open space will provide for passive and active recreational opportunities including twirl connections. Partial six is plan for open space per the comprehensive plan as well. The open space zone district is intended to preserve the second creek corridor. Open space will provide for passive and active recreational opportunities, including trail connections. It's anticipated that this open specific area will continue both north and south through the Adams crossing properties and will aid in continuing the full trail network. Homes within this side will be able to access these trails through the trail network that will be within sabble farms. The anticipated uses, the anticipated uses within sabble farms will be estated in the comprehensive plan designation and the intent as designated on this slide. We concur with Ms. Lane's assessment of the review and approval criteria and as indicated here the post zoning is in compliance with both the approval criteria and the goals and objectives of the comp plan and as mentioned earlier the existing PUD is no longer supported by the city. The design and development through the master major subdivision plan will be further indicate how the plan meets the goals and objectives of the comp plan. It's important to note that this developer will be responsible for all infrastructure on-site and immediately adjacent to the site. Brighton staff and agencies have reviewed the proposal and all recommendations have been incorporated into the zoning plan. Additionally, it should be noted that the site was studied by Task Force of the Urban Lee Intensititute. Their findings are in accordance with the proposed zoning. One key component of their recommendation is the need for a full movement intersection at the South Adams County Parkway and Sable Boulevard to enable a viable and vibrant mixed-use area. It should be noted that the Planning Commission recommended to you City Council approval of the cyber farm zoning. As stated previously, the intent of several farms is to build upon and enhance the City of Brighton's vision for sustainability, uniqueness, and inclusivity thereby strengthening the city's quality of life. Sable farms will achieve this through a variety of residential and non-residential land uses that support the diversity of housing needs and economic resiliency. In closing, thanks for your time, and we respectfully request your recommendation of approval of this evening for the stable farm's rezoning application. JC introduced the team, but I would like to ask Clark Carlson, Kershander, J.C. and Mike Roche if they have anything to add. We're happy to answer any questions you may have. Thanks for your time. Okay, thank you. Well, this time I have some people sign up to speak on this issue from the public. We'll start with the leaf south well. So come on up, leaf. on this issue from the public. We'll start with the leaf south well. So come on up, leave. To see again, state your name for the record, you got five minutes. We may have to operate this one. And you don't want to take that out. My name is Life Southwell. I live in Fuller States. I've been in Henderson. Where I've lived for 30 years. Moving back up. Yeah. Well, I shouldn't even need a microphone, but okay. Well, I've lived for 35 years. We were annexed by Brighton in like 1990s for any bite choice. So it's about two miles away from the site. But my first question is, can you get the map up that shows where the homes are developed? Where the homes are along? A little more. You had another one where it listed 43 acres of residential. Yeah. Is this one? No, that's not it. You have 43 acres of residential. And you are present. It's probably in your presentation. Emma. They're right now. We're in the other presentation. I just doesn't count. I get this I extend. There it is. There it is. Okay. Okay. And this is your time to speak. So go ahead. All right. I got it. Okay, okay, and this is your time to speak so go ahead all right. I got it The only This plan locks something it's called common sense Let me allow me to show you This is E470 This is E470 This heart starts 70 This is e470 this parcel starts You're gonna put homes 300 feet from me for 70 Why Personal is zone correctly It's zone for industrial. That's why why is that? Come on back to them like leave because the people from the public that listen from afar can't hear you so It's 300 feet. There's 43 acres. They're gonna zone and put homes there 300 feet from a highway Is that the proper use of that property? I? Is that the proper use of that property? I say no. It's zone correctly. It's zone industrial and that's what it needs to stay. Someone thought about this. Someone's not thinking of this right now. Oh, what's the effect of living in Xohaiway? Let me tell you. I live 2,000 feet away from Route 76. The traffic you can hear in the wintertime starting at 4, 30 in the morning. It doesn't stop till 9. It repeats itself at night. If you're outside, you can always hear it. Secondly, Carlson, how much land are they on around here? Moving to a site that isn't next to a highway. How hard would that be folks? Is that the right thing to do for the residents that are going to live there in the future? Doesn't Brighton have an obligation to give those people the best life possible? So in the end to conclude, I would like you to vote against this He has to they have tons of money tons of land. Well, but the subplacid is the next all highway Thank you for your time. You leave Next Clark Carlson signed up to speak no, okay. I have you down. Okay Well then Doug Wolff first, come on up, state your name for the record. You got five minutes. Speak clearly into the mic. Thank you. Thank you. I'm here to represent not only myself, but a number of the residents that live adjacent to this directly to the west, especially several hundred and not here to say that land shouldn't be developed, but really specifically not to have that density, that high density zoning or traffic congestion and safety. But there are some other things that go on. 124th Avenue is a state highway. It's about a little over two miles long. And it is imminently going to be closed at the west end at highway 85. So there are 11 businesses currently on that stretch of Highway. And they are Von concrete products, Colorado cleanup, Koblako, Dunright trailers, Henderson Mini Storage, which has hundreds and hundreds of RVs and trailers and campers that come in and out of there in the recreational season immensely. In addition to those, DFA maintenance shop, Midwestern pipeline products, rush disposal truck lot, summit waste recycling, agvenity, and express drug testing, which is a COD C.Dot testing facility. What we're going to have is essentially almost a box canyon at the end of 124th Avenue. That means that all of the access, all the egress for those 11 businesses and several hundred of us that live in that area are going to be faced with. So the things that come with this are immense traffic increases if we go to this high density. Again, not stating that you can't develop the property. Just don't do it at high density. Because what happens with that, if you look around the adjacent areas, what happens with the high density and they testify at the zoning commission meeting, the multiplication factor of vehicles that goes with these density levels is tremendously high. It's in the hundreds and hundreds. And just simply adding a traffic light and whiting a couple lanes, turn lanes and things at 124th and Sable is not going to be the answer. You can't hardly get in and out of there now. And changing that to another paved addition on the side of it or adding a traffic light is not going to fix it. We're not opposed to people developing their land and using their investment. We're opposed to the highensity designation. Develop it, but cut it down so that it makes more sense with the adjacent area and it provides access and egress not only for us, but the people that are going to live here because it's going to be a nightmare once that gets developed in the manner that is being proposed. Thank you. Thank you Doug. That's all I haveed to sign up to speak on this issue You didn't sign up come on up state your name for the record you'll five minutes And please next time sign up Sorry, I've never been to one of these before I'm Caroline Pira. I'm not a bright and resident, but I've been part of Brighton Coaching doing all kinds of stuff with Brighton kids. So I guess my biggest complaint is that we are a rural community. I'm a Bright west of there. The area is above it, our rural areas to the right, our rural. It's a whole rural community and I feel like many of you live in the city of Brighton and so like fracking doesn't bother you because it's not in your neighborhood. So go ahead and throw up a couple towers and a rural community and we'll look at the lights and you know see the damage to the grounds and whatever. So I would like that you consider that we're rural. We don't care to have a commercial area. We go to Platt Valley, or not Platt Valley, pretty center if we want a rural commute, or a commercial, sorry, I'm not prepared. Anyways, we're all rural. If you go up, sable, we're rural. If you go down, sable we're rule. If you go down, say, we're, you know, until you get to Commer City, we're rule. Left rule, right rule. So we don't want commercial or apartments or again, the traffic that, you know, we can't even, I don't know if any of you've driven through the area during school time, but you can't get through. You know, there's the train that's going to stop you. There's a single-ling road all the way down to 124. Access to our roads that we can get into our own houses. Let's see. I guess that's it just to consider that, you know, we're not the city and, you know, it affects us that are outside the city. And that's it. We're just a rural community and we'd like to stay that into some extent. And like he and stores and things that just don't match our city or our area, it's just it's not for us. And that's who we should be able to be considered for this too. So that's it. Thank you. Thank you for coming. City Madam City clerk that's all I have sign up to speak. Can you confirm? Okay. Would staff or the applicant like to add anything based on the comments made by the public? I don't believe any questions were asked. Thank you. I'm from you. From the applicant. We've already had our time, leaf. But the applicant can respond to what was said if they choose. Okay. Questions from the council. As a member, Snyder. Thank you for the hard work and the presentation. When we first looked at this, I was extremely concerned about the large number of rentals compared to ownership. I moved to Brighten 20 years ago and part of my decision was the affordability of the beautiful house I bought here. It's lovely and it made a nice home for me and my grandkids have lived here and I'd like to see that continued. When I first saw this, that wow, that many rentals. But it's my understanding, and this is a question for the developer that you are pursuing a great number of the high density area to be purchasable row homes and duplexes rather than rentals. Am I understanding that correctly? Okay. Okay. Could you come to the mic and answer that so the public that watch from afar can hear you? And when I say it from afar, they're watching online. My name is Clark Carlson. And in answer to your question, the market is pretty poor right now for rentals, for apartments, and for the new products that are coming out, even the single family for rents, which I think you have one of those in your city today. Work simply today zoning the property in conformance to the existing comprehensive plan. Our current zoning has been there since I think 1988 when the property was annexed. So we don't have anyone looking at the property today because of the current market conditions and interest rates. But we felt like it was appropriate because of some encouragement by City staff. We've had some conversations with E470. I think they're moving forward on an eventual interchange there that we would come into compliance with what the Comprehensive Plan is for the city. Thank you. Thank you. Councilmember Plosky. I'm sorry. I have a point of order first. Oh. Councilmember Snyder, were you on the Planning Commission when this was voted on in December? Can you speak up, please? Councilmember Senator, were you on the Planning Commission when this was considered in December? I was on the Planning Commission through the last meeting in December. I do not specifically remember this but maybe I was yes. So do I need to recuse myself from this? Okay. You would need to recuse from this. I'm gonna do it. I'll leave. Well, well, can our city attorney concur? Okay. All right. It was a great question. We'll pretend I asked it. Yes. Keltz-Moderploski. Well thank you very much. I appreciate the presentation and because of my history, I go away back with all of this stuff. And you know, I understand the lady that spoke about the rural aspect. But in reality, growth is going to happen. So I want it to happen in a smart way, in a positive way. And that's what I look for. Why do we have to have specific, I don't know. It's like, OK, I own this property. And I want to make the most money possible. So this is what I'm going to propose. I hope that isn't it because Brighton has been a very friendly small town and I want to see it moving forward in a common sense, smaller version, not everything so big all at once. And to go along with this, just across the street, just east is going to be a roundabout for E470. And we're talking about traffic now. Wait till that gets put in. The traffic in that area is going to be incredible. It already is incredible on E470. So add that and add all the residential that surrounds there. It's just things we need to think about as we're going forward is my feeling. So thank you very much. Right, Mayor Putin. Okay, thank you. Thank you very much, Emma, for the presentation and the amount of detail and thank you to the applicant. I appreciate the amount of detail and the amount of thought going into this. The, find my spot in my notes. Earlier this year, I had the opportunity to speak to a group of professionals about development in this particular area. So there was a technical advisory panel put on by ULI and you'll have to remind you what ULI stands for because I can't remember. It's the Urban Land Institute. Thank you. The Urban Land Institute. And specifically, our development department went to this group of professional advisors to say this area of the city, this far southeast corner of the city, is planned to be our urban center. This is designed to be the place that you have access from 470. This is designed to be the place that you have access from 76. This is why the County Administration Building is sitting all alone out in this particular area. This is where this growth is intended to happen. And the question that was presented by our department was why hasn't it happened yet? And why hasn't that come? And there have been a number of times of ebbs and flows of our development cycles, of land value of people want, what people want to build on that space. And in particular, the demand on a fair amount of that space was for large warehouse and industrial work, and that wasn't consistent with the comprehensive plan that was put forward. And that advisory panel really came back with the answer, be patient, this is the right thing for this particular area. The goal of this area is to create a spot that people can come into and out of the city on different methods of transportation that you can get to and from the airport that you can live and work in close proximity to where you are. And this is really the only space within Brighton's boundaries that that's a possibility. So that's why, as I understand it, this is the development and the plan. And the previous PUD had some mixed use functions that were designed to be non-residential. But as the applicant has just indicated and as I'm looking at the presentation, we have some demand for new homes. We have demand for residential and this plan, as I see it, is designed to keep the spirit of greater density of mobility between the houses of less physical space and not putting 3,000 square foot houses on 6,000 square foot lots across all of this having that number of houses, that number of cars in and out of the space but to maintain something closer to that urban center feel that's designed in our plan for the area. So that's how I read it but what I'm and we'll hear more in the later phases what's the mix of owned versus rented what's the intent for row homes versus apartment buildings? Those are later, but we know from our housing needs assessment recently that we have a demand for about 350 new homes a year in Brighton to sustain the people who are coming into the community. And we know that about 40% of those need to be more affordable than what's being built today. So, large, free standing separate homes don't meet that affordability and workforce housing that is more than 40% of our need coming in. So I'm glad to see zoning that encourages, mixed use but zoning that encourages row homes, that encourages patio homes, that encourages paired homes, and homes on smaller properties, so that we can actually begin to see that affordability that we're looking for. And when we talk about fitting in with the existing space, absolutely, there's tremendous desire to maintain the rural field going up and down, but this intersection is going to be at our primary access point. The interchange going on to 470 from here is going to be at our primary access point. The interchange going on to 470 from here is going to be significant and putting people where people also can get into the city and get out of the city easily is an important features. So I realize that change is hard, growth is hard, the eventual improvements that will need to go along here will need to accommodate or account for what's happening on 124th. If we have 11 businesses on 124th and they're going to lose access to 85, absolutely the egress in and out of that neighborhood is going to have to be taken into consideration. the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of e470 so it's not that you can't be near highway. Certain people are going to choose to do that. Being near highway is good for bringing younger working people who need to get to the Tech Center, get to the airport, get to interlock and into the area and they're not going to be drawn to the same kind of housing at 19th and bridge. They need to be where they can get to the places that they would work. That's what makes this an interesting development center for the city. So I understand that it's going to change. I understand it will be different from what it is today. I also hope that Councilman Fiddler will wear multiple hats when he speaks because one of the concerns that was brought up was the traffic coming in out of Prairie View High School. That's always a concern for us on 120th. And I'm hopeful that a high school and Commercy will fix a fair amount of that so that we have less commerce city to brighten a high school traffic at that time. But I think that was the largest point. It is that this is consistent with the desire, the plan, since the property was acquired in 1988 when I was in high school. And so people who were patient enough to hold on to it, to watch for the right thing for the City of Brighton and didn't push to turn it into large warehouses. I think that kind of patience is to be applauded because I think that is to the value of the city in the long run. Thank you. All right, next, Council Member Fibbler. Thank you, Your Honor. Lafe is nice to see you in person. We had a long conversation yesterday about his tax bill. I was talking about Miller. I thought it was tax bill. And we will. I'm sure we will. Just a couple of things. Appreciate staff's work on this and also want the residents to know that you spoke. I hear you. What I would share of the conversation is you know serving in my role superintendent of the school district, my seven J has grown 40% over the last 10 years. You look at a map of the Denver metro area. This is the last place in Denver where people can grow and move. So I agree with councilmember Mayor Pro Tempidia. We're going to continue to grow. I have great concern on traffic because I drive stable often. As I go around the district and there's a couple of times today that's an absolute nightmare. So I'm I'm curious and maybe you don't have an answer now. Are there plans to take that from two to four lanes on Sable, other plans to go to four lanes on 124th. I met around as long as some of others, but I remember 120 didn't go through, right, all the way through to Thornton has become really a thoroughfare. So I have concern about how you're going to handle traffic and who pays for that. I know when we build schools, we often split that cost with developers and put that infrastructure in, but that that North South traffic flow in East West is a real challenge, I think. And I would say I'm looking at the comments from the notes, the public hearing, Mr. Carlson is right. What's the taxes are for? I don't have a concern about school space because the voters have been so good to us with the last few election cycles in 2022. We passed a bond. We're in good shape for the last few election cycles in 2022. We passed a bond. We're in good shape for the next probably five to 10 years. So I don't have that concern of a traffic. That's a challenge. So I'd be curious to see what that looks like going forward. And I'll show my ignorance. This is simply a change in use. And when they land on what they're really going to do, it'll come before council and have some decisions to make true. Okay. Thank you, Your Honor. Did city staff want to respond? Yes, absolutely. I was just finishing my notes. That's a lot. My hand is like cramping. Yes. No, it's great. I love it. So, yeah. So the applicant did a basic traffic impact memo traffic conformance memo basically. It's hard to determine at time of zoning what the actual traffic council be. So basically what they do is they take all of the allowed uses and the trip generations that I think a resident was talking about for each possible use that could go in there. And so we do require traffic impact study at every stage of the way. So it basically will go from this trip generation to, okay, we've decided some kind of use at the subdivision plan, right? But the details aren't there. And then when we get to the final plat where you know the number of lots, you know, the building type, you know, typically how many people are going to be there, that's when it gets really, really intense. And with that, we will do a development agreement. And basically, the developer will pay for any of those improvements that need to happen. So all of the developers pay their way. That's one of our policies in the comprehensive plan. So highly paid for by the developer to create, I guess, to account for their impact to new development. Yes. Okay. And council member Thompson. Thank you, Mayor. I appreciate the public coming in and speaking on this. I also appreciate the thought of getting this going somewhere. This is kind of a sore spot for a lot of people in the political sphere. Adams County in Brighton, this exact area because it's been there since 1988. Ready to go and nothing's happened. It's been changed before, maybe not the zoning but the thoughts on what would happen on this land. So can I get confirmation? Has this ever been rezone before? Anything done before to it? No, the zoning, the mixed use, stable farms, PUD was the original PUD from 1988. And thank you. So to address a couple of things first, one is the next time, let me ask another question. The next time that City Council will see this is Wynn. It'll come back to this board for the subdivision plan. Okay. One second. So right now we're zoning. It next is the plating subdivision plan. By that time, here's what the comprehensive plan was meant to do and what I've been doing on council for many years and other people have been with me. The water, this now turned into maybe commercial, maybe a small amount of use of water, maybe some industrial, maybe some use to a massive use of water. So is the developer going to bring their own water into this plan? Because there's no reason to... And here's what happens a lot here, and why I'm like this, is what Council's told, and for the new Council members, I want to be really clear, you can do things more during the zoning than you can do the rest of the time, often times. It gets to planning and by that time, a lot of decisions have been made. So these are the questions that we need to continue after I'm long gone. Just please continue these water. So are they dedicating an amount of water to bring into this if this is rezoned to residential? So the amount of water will come at the subdivision plan phase and probably even at the final plat stage when we know all of the uses. Our city policy requires people to bring water to the city unless there's an agreement in place. But the policy is to bring water. Great. Then when it comes to the traffic itself, when at the next stage, zoning this is one thing, the next stage when it goes to plating, are we going to tell this developer and any developer, you also have to build these roadways out around this area as the traffic impact that will happen. One, two, are we going to do a make sure that we're not doing what we've done in the past? This has happened where a developer comes in with a traffic impact study and the study itself is not only wrong, but it's obviously a misnomer to say this is how much traffic will be here. When in reality we're getting 1,000 homes here and that traffic impact is going to be much more. Because when you look at 124th right there, that is right there. So I would love to do whatever we need to to make sure that this developer pays for all of the roadways around. I've worked very hard to get you for 70 moved from Potomac, which I'll never understand why I was there to say when I was on E470's board. And I know Council Member Palausky is also working to make sure that my thoughts and Deputy City Manager Marfalkenberg at the time we worked really hard. And I know she's working to get that done there. That is not as much where I'm worried about, sorry, Leaf. I'm not as much worried about as that area because I think that the free market will judge if people want to live by that area in that residential zone. If there is going to be a buffer zone, I think that's a good business idea, but I don't care. The idea of having the only open space at the very bottom of this parcel is unique to me to have it actually zoned open space because I know other open space needs to be there. So there's a litany of questions. What do you got? Perfect. So start with traffic, I guess. So during the subdivision plan, like I said, we'll get a more in-depth traffic study that is reviewed by our team of traffic engineers. So typically they will review it and then we will pull out all of the things that need to be done by the developer and that will go into the development agreement and then they're contractually obligated to build all of the things that we put in that which is based on the traffic and pack study. Great. And the last piece of this is the, I guess the reason that the developer is here tonight, I just had heard from Mr. Carlson, that staff said we'd like you to be more part of the comprehensive plan. So did we reach out to the Carl Sins and say, hey, let's do this or how did that work? I've just never heard of that. I'm just curious. Yeah, so it was just a typical review process, right? So they came to us for development and we worked with them a couple of rounds of review I've never heard of that, I'm just curious. Yeah, so it was just a typical review process, right? So they came to us for development, and we worked with them a couple of rounds of review and actually pre- in our pre-application conferences and things like that for them to mirror the comprehensive plan more. So they had started out something similarly to what it zoned now, but kind of mirroring our code. The difficulty with what it zoned currently is that we have nothing in our code to Develop off of because those zones have changed so significantly since 1988 that we wouldn't even know where to start How to review those to the development standards, right? Not necessarily the zones, but the development standards And so when we started those conversations there was you know more industrial more things like that and one of the review criteria Is to meet the comprehensive plan. And so they came back with a plan that almost mirrors the comprehensive plan exactly. So that's kind of how that came about. And that's the impressive part of this. I've helped work on the comprehensive plan many years old and planning commission. I'm telling you, this is what we were looking to do when this things happen. The other part that we were looking to do is when this comes back, just I want everyone to be aware that this can go from yes, zone to this, and then you lose a lot of support. And I know that Mr. Carlson and your team, you've dealt with this before and us here. And I hope that we continue to do this is we say bring the water, build those roads out and the sidewalks, make sure that this is accessible. And this can be an easy process. But I think that the zoning itself is fine. It's the next steps that have to be taken. And as we go forward, make sure that we're doing those things. And I think there is something to be said about doing some more open space whenever possible, especially between that large of a highway section, if necessary, if needed. But I have a feeling that the business acumen of the organization will say, yeah, we want to sell homes right here and the best thing we can do is put a little bit of a buffer between e470 and all these homes. If not, then those homeowners, I'm telling you now before you move in, probably not a great idea. That's the best we can do. I appreciate where we're going, but I just want to make sure that we're continue to mention these things in the zoning process say, we're talking about them bringing the water, we're talking about them building the roads, building all the infrastructure in the first phase. Remember not the second, but I'm good with the zoning. I also just wanna mention, since you mentioned it and members of the public mentioned it also, in our further steps when we review in the site plan process, we do have buffers against highways that are larger than any other of our typical buffers. So that will be a process that we review as well as if they want to put in additional buffers that's up to them. But we do also require a buffer. Oh, that's great to know. Do you know what that is by chance? It's 100 feet additionally from the lot line. Oh, nice. Okay. Great. Well done. Thank you very much. And good luck. Great. And then Council member Green. Thank you Mayor. Council Mayor Potempery I think there's a little different reason why this land hasn't developed. I don't believe Sable is ready for this traffic yet and we have just had a proposal we're looking at widening this thing but we're talking about it's ten years out and these guys have if we're looking at their notes of aggressive plan where they could be ready to be in the planning subdivision plan within six months to a year and I'm my question about I know you say that the developers can build the roads how much is that the immediately adjacent roads are going to go north of E470 would they have be responsible for widening of stable? There too, I do think that there's a lot more traffic impact that we can discuss on this. The other thing I would point out is that this is just a zoning change. There's no guarantee of what's gonna be built there. They may say, row houses, but it could be a high density. The zoning change just gives us the possibilities of what could happen. So I really, I mean, we've heard from Admiss. Crossing, we've heard from a lot of properties in these areas. A lot of promises and I think it's done. So I have more questions than I do have answers here. Sure. So typically from a traffic impact study, the impacts are usually adjacent to the roads. There are some cases, depending on the impact, right? So it really does depend, like you said, on if they decide to develop as high density, then their impacts go up, right? So all the impacts are based on that final use. And then I do know that the city is doing a little bit of work. Mayor, if it pleases you, Christopher Montoya, I can come and talk up a little bit of work. Mayor, if it pleases you, Christopher Montoya, can come and talk up a little bit more about those processes. I know that there is tremendous work being done on the roads in the South part of town. I just don't know the details. So. Do we have public works here today? There he is. I knew it was here that's why I just went out. I just wanted to hear. Good evening, Mayor.-taming members of council Christopher Montoya the public works department assistant director give you a little background just in this area from the transportation side. As you probably know we've had a lot of capital projects. In this particular location Adams County the city of Brighton and E470 have come into agreement for designing and constructing the interchange of E470 and Sable. We actually just received 30% design drawings and then it's slightly for construction thereafter. Current targets around 2026 for grant opening of that interchange. A few months back, I don't remember exactly when, we just awarded a design contract for Sable Boulevard and that's from the limits of Brownlee Lane to 120th Avenue. This is evaluating multiple different concepts and alternatives for design and construction of widening that roadway and improving efficiencies along that roadway corridor. Side note on 120th Avenue, Adams County, Commerce City, and the City of Brighton have actually engaged in a corridor study. That goes from almost E470 out on 120th all the way up to US 85, I-85, and that's to look at immediate, interim, and long-term solutions. These are all capital intensive, as you can imagine. Other longer-term projects, just since we have a bunch of people here to know what's going on in the region, 120th Avenue at US85, is also slated for an overpass long term. What I see is mirroring what's to the west of US85, and then the interchange there, which is unfunded at this time. They did receive a grant not too long ago to actually start purchasing right away in that location. So right away acquisition has already begun, and they do have preliminary designs or conceptual designs for what the interchange should look like. To speak a little more in regards to traffic impacts on any type of subdivision, we look for the direct adjacent impacts. Do you need turn pockets? If there's an existing turn pocket, doesn't need to be longer, does it additionally need to be added? Does an additional lane need to be added, and for each one of those impacts, typically a J-Sync or even in proximity to a subdivision will be that responsibility to construct. So we also start labeling those as off-site improvements. So for instance, it may be a requirement to contribute funds or even on occasion, maybe they build this signal over here in lieu of doing multiple and then the final would be traffic impact fees So the traffic impact fees are actually slated for is that traffic kind of distributes throughout On the city so for instance a car from the subdivision ends up way far. It's unmeasurable But they have overall impact on the transportation system so you pay fee Does that answer generally a lot of your questions or would you like more detail? It does, Mr. Monterey. But again, realistically, what are we looking at for table widening from 136 to Brownlee? So we'll bring options at a minimum, there's three scenarios I see. Number one minimums, intersectional improvements that essentially add turn pockets. And this is going to be dependent on available funds we'd be bringing those plans and options to city council at a later date here that will increase capacity up to almost 100% the second would be a widening and with widening that also does increase capacity and then the price tag moves up and then finally it'd be like full blown build out to our long term plan, which is a minor arterial, which would be two lanes in each direction and then a middle turn lane, potentially, mediums as well. So that's where we stand. The price tags have not been up. We have very preliminary design phases. So we're, I would say, about 10% in design currently at Sable. And that's where we are. We intended apply for grants to help hopefully fund some of the Sable Boulevard if we can get funding. Currently the city would be bearing the cost for the entire corridor or if we get there first to be asking for reimbursements from a development. If they're there first then we would ask the developer to build certain improvements. What about study and impact on So. Okay. You want to go and ask that Mr. Green? No, still because that's not my question. Okay. I just what a realistic time for even the pockets at one thirty six and stable two years Curly given the magnitude of the design project we're out about two years for our final design completions Depending on different guidances and then it would go to a construction solicitation So two and a half years is just to get to a construction solicitation 3 to 5 3 to 5 So 3 to 5 Depending on the magnitude, smaller projects will be constructed quicker but I'd say 3 to 5 is a pretty decent guess. Thank you. Okay. I'm going to go ahead and speak for a moment. Since you're still up here, Chris. For a long time, we've talked about this, you know, 120th and 85 interchange. And I know we're talking about a different area, but this is going to be impacted. Back in 2019, I think it was, Seedot hosted a big open house showing that, you know, they want to make it more of a freeway on that 85 from where it splits off at 76 all the way to about E470. Is there any movement at all to get that going, which would actually improve this area that we're proposing tonight? Pertaining specifically to highway 85s at the question of turning into more. And especially giving 120th intersection done, because that is the bottleneck. What are one of the major bottlenecks of this area? It would be difficult for me to speak on how C.Dot would fund projects. I see their priorities intended towards I-25 and I-70 generally speaking. They do have some particular intersections that are targeted for long-term closures, which is under the US 85 access code and for instance just to give some information 124th Avenue would not be closed until that the interchange was built at 120th is the commitment that C.D.A. has stated at this point. But we don't have a timeline really with that even though we've put in millions of dollars in the potential funding. We figure out a way to win lottery and pass it back to transportation. I think it would be a lot better, Chef. All right, moved to slide four, if you would. So I just want to show to the public that today, if we did nothing nothing the area in white Would potentially be an industrial zone? The area in the dark red would actually still be a commercial area. It looks like C3. Is that correct? Yes, and the area the only the area in red is the port or the area in white is the portion that we're rezoning the rest of the MUREC in the C3 that's all within Adam's crossing, develop. Okay. So there's still potential develop, even if we did nothing tonight, all around this area that's proposed tonight. Correct. Okay. Mayor Pro Tem. Thank you. Just two quick clarifications. The first one, if I understand our requirements of our developers on improvements for traffic in particular, I think that we have made a practice pretty heavily of making that happen before the development in the area has taken place. So if stable needs to be improved significantly, if there need to be signals at intersections, those are part of the first phase of construction we require of the developers. Yes, that's correct. During the subdivision plan process is kind of when the phasing is decided, reviewed by staff, and applicant to kind of come up with the correct phasing. And we'll always prioritize the highest priorities for like a better term. Yeah, so it's part of a later phase, but when we get all of the phases down to construction and our insistence, again, based on lessons learned from some of what happened on the East Side of Brighton, is that the improvements that the new development is going to cause us to need have to be built before the things that generate the need are actually built. Correct. Okay. And in some cases where a developer is only responsible for one side of the road, I think the guidance from the city council has been the city needs to invest in the full development and then whoever develops the other side of the road reimburses us for that as opposed to building half of a road and then hoping that eventually the other half is built. That has been my experience. I, yeah, I mean. Yeah, that's our instruction. It seems to be what's happening. And then the I, yeah, I mean. Yeah, that's our instruction. It seems to be what's happening. And then the Sable improvements, this is adjacent to Sable, but that's a huge set of conversations. We know that's going to be done. We know that this particular development will have an impact on that, but we know that has to be done for all of this development and pink regardless of what happens in the square and white. That's correct. Would you go to slide seven for me for a moment? I just want to make sure. Yeah, so if we look at the comprehensive plan, there was the question of the open space really only being at the corner of this lot and the way I read this is that's because that's the portion of that big green swath that is natural and by land forms that are already there designed to be the open space. That doesn't mean that there aren't parks among the residential spaces. There aren't other open space requirements. It's just that the, as opposed to wreck facility parks, the open space, it's part of the overall plan just happens to cross the corner of this one. And by reading that about, right? Yes, that's correct. So the portion that's designated on this map as natural resource conservation is actually all floodplain, which is undevelopable anyway. So we just wanted to make sure that that stayed floodplain and it really will remain as open space rather than a park because it's floodplain can't really do much with it. and then in each residential and commercial development we do require for residential per unit acreage for two different types of park and open space additional so this will count towards that but we'll require more throughout the parks and and the parks and rec department also have specific standards for how to build parks and things like that and how far away they have to be from other parks and and all of that good stuff that's all the detail that goes into review at a later date. Okay, and then I know that this is I should know this by now, but can you remind me quickly and high density residential? That doesn't mean funny story apartment buildings necessarily there are some pretty finite things that can be developed in there or are likely to be developed to high for city codes. Yes, yeah, there are high restrictions. I believe it's 45 feet is the highest it's three and a half stories for a garden apartment building type. That's consistent with the kinds of apartments that are built larger through the city right now. Yeah, that's what we're seeing right now. Something that we see in downtown Denver. Correct. Anything, I think we can go up to a large apartment, which is that internally accessed apartment can go up to 10 stories, I believe, which is scary, but that's all, it's a conditional use. So that would have to come before the planning commission before a public hearing. Oh, a different approval process, whereas bringing a garden apartment is a routine process. Correct. And that's what we're seeing. OK. And then the medium density with that R2 is what gives us some of those row homes, and patio homes, and smaller property. Correct. It does allow for a smaller, single family detached as well, just a smaller, a lot, a little bit more dense. But we'll allow for that detached product as well. OK. And one day I'll actually understand that it would switch in a pair of dumb or duplex, but not tonight, it doesn't matter. Okay, that was all my question, thank you. All right, all right, I don't see anybody else. Oh, Council Member Polowski. So to put my mind to these, what we're talking about, and it's the high density, it's the top there. And that currently is near 470. Is that correct? That's correct. And is the 100 foot possible where they'll build 100 foot in from that highway if we approve this? It wouldn't be in from the highway. It would be in from the current property line that's there. So I don't know how far away from the edge of pavement, the current property line is 300 feet. So it'd be an additional from wherever that property line is, it would be that additional and that's something that we would review at a final plat or a site plan. I just I just can't get my head to accept that close. Thank you. All right. There's nobody else speaking. I'll close a public hearing. This is before Council for consideration. Mayor Pro Tem. Thank you. I'm just getting myself back to the right. Item number. No problem. Item 6B. Okay, excellent. So all of this said and discussed, I move item 6B as presented. Okay, and then councilmember today. Thank you all second that. We have a first and second to approve 6B. If there's nothing else. We'll call vote. Motion passes 6 to 2 and 1 recusal. OK. That is it. Thank you. Next item. Oh, he's going to go get a quick break. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the So, a an ordinance of the city council have the city of Brighton Colorado and many in certain sections of the Brighton Municipal Code in chapter 17 land use and development code relating to historic preservation. This is a public hearing so I will go ahead and officially open that up. Ask for our city clerk. We'll verify all the necessary postings and publications are done. Yes, Your Honor, the notice of public hearing was published on the City of Brighton website on January 19, 2024. Oh, right. City manager Martinez. I promise we have more folks that work in community development, but I will turn it back over to Emma for this presentation as well. It's still commuved. Yeah. All right. Good evening, Mayor Mayor, Pro Tem members of Council. Once again, Emma Lane, senior planner and historic preservationist for the city. I am here to present the historic preservation code amendments to you tonight. After this, I'm done. I promise. I just want to note that this is the presentation for both this item and the next item. There will be two votes, but just one presentation. So I did take this as a study session item to counsel at a recent study session, but for those in the audience who were not present, I'll give a little background on the item. For the past few months, staff has been evaluating three code documents that relate to historic preservation within the city, which are the Historic Preservation Commission, HPC bylaws, the Brighton Municipal Code, BMC, Article 2-66, and the Land decent development code, LUDC, Section 10.3. 10.03. Each document has a specific purpose and lays out different parts of historic preservation within the city, but the documents were not clear in that manner. Staff rearranged the content and made sure that the information associated with the purpose of each document was in the right place. Of the three documents, both the BMC and the LUDC require approval by the city council. As a quick overview, the three documents mentioned in the previous slide have their own goals which are laid out before you. The HPC bylaws establish the processes for running the HPC meetings, elections, voting, et cetera. And these are reviewed and approved by the HPC alone. I took this presentation to the HPC at their October meeting and they voted to approve updated bylaws. Those are included in your packet just for context. The BMC establishes the HPC as a valid quasi-judicial commission of the city. This document lays out the charges and duties of the HPC. The BMC is reviewed and approved by the City Council only. And lastly, the Land Use and Development Code. This establishes processes for the implementation of historic preservation goals such as designation of landmarks as you've seen tonight, review of designated structures, demolition and other review criteria. This document is reviewed and recommended by the planning commission and then reviewed and approved by the City Council through public caring process. For context, I have included changes made to all three documents in your packet. First, to sum up the changes made to the HPC bylaws, the updated document removes duties that were redundantly included in the BMC and adds organizational items such as a policy for absences and voting that were previously in another document. So I have also fixed typos and grammatical errors as well as streamlined names, acronyms and terms found in the document to match the other two documents. One of the items we specifically cleaned up was the references to the HPC in the document. The HPC was previously defined as the board, the commission, the board of the commission, the Brighton Historic Preservation Commission, just to name a few. Staff revised this to be defined as just the commission. Those changes were approved with the by-law update in October. The BMC changes are up for review and approval tonight, so these changes are at your discretion. The BMC updates include removing duplicative information, similar to the by-laws. There was a lot of adding and deleting between the by-laws in the BMC as these two documents have similar but separate functions. A specific point staff removed was the need for an annual report and future action plan to the city clerk. A staff was already doing that as part of a state requirement. The dates listed in the BMC did not land up with that state requirement and made it difficult to meet the city's requirement. The annual report was included in the community development weekly update in the first week of January, so you did receive that. As with the bylaws, staff also fixed typos and grammatical errors as well as streamlined names, acronyms, and terms found in the document to match other two documents. And lastly, the land use and development code updates. This document is up for review tonight as well, so like the BMC, these changes will be at your discretion. The updates to the LUDC code section simplify a lot of processes that were previously convoluted and hard to follow. Staff also took a look at definitions and created consistency throughout the document using the defined terms to make the code easier to follow. For example, every single time alterations to a building were mentioned, the document reference construction, reconstruction, remodeling, alteration, repair, restoration, rehabilitation, relocation, or demolition of improvements. So staff defined this as just alteration, which eliminated unneeded wordiness throughout the document. You can see there's three different examples of that on the screen. That's like not even half of what was in the document. So we definitely cleared that out and just defined that. The updated document also creates consistency and review for COAs, certificates of appropriateness, designations, demolitions, and other reviews. I will also mention, I mentioned this as a study session, but I wanted to mention it again. One of the changes within this document, the process for demolition and moving permit review was my leadership academy project. We had resolved most of the other issues with the documents, but one section was really stumping us. So I used a few of the tools that I learned from the Academy and it helped us come up with a solution that made it into these amendments. So as with the other two documents, staff also fixed typos and grammatical errors, as well as streamline names, acronyms, and terms found in the document to match the other two documents. Overall, we hope that the changes create a more cohesive and easier to follow historic preservation program within the city. In making its decision regarding the LUDC amendments, the City Council shall use the following criteria as found in section 210B of the Land Use and Development Code. Please note that the criteria are only for the Land Use and Development Code, not the Brighton Municipal Code, the BMC. In regard to the criteria on the screen, the amendment supports the LUDC by implementing recommendations from the comprehensive plan that relate to historic preservation within the city. The amendment supports the comprehensive plan, especially policy 10.1, which states that the city should encourage and support historic preservation and the reuse of existing structures. The amendment is a direct result of the difficulty of implementing the code as it is currently written, and as such, the changes will encourage public safety, health, and general welfare of the community, as well as improving the effectiveness and efficiency of administering the LEDC. Staff has reviewed these amendments and finds the amendments to the LEDC are in general compliance. With the requirements for the code amendment and therefore recommends approval of the amendments to the historic preservation code. Please note the Planning Commission also reviewed this. The Land Use and Development Code only and recommended approval for that as well. Public notice for the Landu-Sent Development Code amendments was provided in accordance with the LEDC. A notice of public hearing was posted on the City Staff's website on January 19th, 2024, and was also posted on Facebook and Nextdoor. Staff has not received any formal comment in advance of the hearing. And while not required, a notice of the BMC updates was also posted on the website. At this time, the City Council has four decisions on the screen regarding the LUDC code amendments. And additionally, the City Council has four decisions on the screen regarding the BMC code amendments. Just a reminder, these will be two separate votes from the City Council as the Landu Send Development Code is a public hearing. Thank you all for your time and attention and I look forward to any questions. This is where I usually have the applicant come and add that we're kind of the applicant. So I don't have anybody signed up to speak on this and then usually I ask you to follow up but we've already done that. We'll... ask you to follow up but we've already done that. Well, Madam City Clerk, there's no other correspondences for or against this request. No, you're on. Okay, questions from City Council. If there are none, I will close the public hearing and it's before Council for consideration. Council Member Johnston. Thank you, Mr. Mayor. I'd like to make a motion to approve item 7a all right and then councilmember worth thank you mr. Mayor I'd like to second that we have a proper first and a second to prove 7a there's no other discussion we'll call and roll call vote. Motion passes 9-0. Great job. Much faster than the last one. Next, item 7-B, an ordinance of the City Council of City Brighton, Colorado, amending Article 2-66 of the Brighton Municipal Code relating to historic preservation city manager Martinez. We've got our only hired person on staff here tonight, huh? Anybody else like to present this item? All right. Yes, no, no. We're Nick tonight. Emma, it's yours. As mentioned, this is the same presentation. I have switched the slides to your the presentation. I have switched the slides to your options for the BMC. That's a member Fiddler. I'm smart. Move to approve item 7B. All right. The councilmember Plausky. Thank you, Mayor. I'd like to second that. There's a first and a second to approve 7B. If there's no other and B. All right, the Council Member Plowsky. Thank you, Mayor. I'd like to second that. There's a first and a second to approve seven B. If there's no other discussion, roll call vote. Motion passes, nine to zero. All right. Oh, now you get to get up, huh? Yes, thank you for your time. All right, thanks for enduring. Thank you so much for meeting. Next, item 7c, an ordinance of the City Council of City Bright, Colorado, amending title 13 of the Brighton Municipal Code, pertaining to the water and wastewater rates, fees, and charges assessed by the City of Brighton, setting forth effective dates for sed rates, fees, and charges. This is their first reading. City Manager Martinez. Oh, we got a whole new group of people. Thank you, Mayor. There's some fresh faces for you. So as you recall at the last study session, we had a very comprehensive discussion about these next two items. So tonight, in front of you, our directors, Asher and Olsonson who will recap the discussion and answer any questions for you in alternative over to Katrina. Thank you, Michael. Good evening, Council. And as Michael said, this presentation is covering the next two items. So one presentation, two things to vote on. So as you recall, two weeks ago at the study session on January 23rd, we did talk through these items at length. So what you're going to be seeing tonight is a summary of what was proposed. There have been no changes to the proposals that we're putting forward tonight. But there were a couple clarifying questions from Council, and we hope that we've addressed those through the slides in this presentation. So again, tonight we're going to be walking through the proposed updates to the water and wastewater rates and fees that includes tear structure updates, usage rates, impact fees. And then we're also going to be talking about the construction contract for the remaining phase of the water treatment plant. So again, in summary, the what we're going to have basically about one slide per area that we're proposing tonight. So this first one is the residential tier structure. These are the proposed changes to the tier structure, which drives how much our users pay for a thousand gallons of water. I do want to emphasize that we are not proposing any changes to the commercial or multifamily tier structure. This is just for residential accounts. What we're proposing here is to realign or kind of reset some of these the tiers and having the effect of increasing that first tier from 3000 gallons to 4000 gallons will actually allow our customers to get an additional 1000 gallons of water at the lowest rate and for customers that are low water users that could actually have the effect of decreasing the water portion of their bill which you'll see later in our sample bills. And moving on now to summarize the water rates and wastewater rates that we're proposing. And again, we went through at the study session on the 23rd in a lot of detail, leading up to what these proposals are. So we were just summarizing today. But I want to point out on the wastewater side it is important to note that the rates that we're proposing would the changes we're proposing would index our rates to the processors providing wastewater services. So what that means is in the future if the Lock Boo E sewer board were to approve a 3% increase next year then we would apply that same increase to our users that are our customers that are serviced by LockBooey. We do have voting membership. Council has voting membership on the decision-making bodies for both Metro and LockBooey. Also I want to note on the wastewater side, the Metro increase includes both the 7% increase that the Metro Board approved for 2024 and that's been in effect since January, as well as a 3.5% catch up. That catch up is because Metro has been increasing rates over the last several years, while our rates were remaining at a discounted level after that 8% decrease that was approved in 2019. So we have a little bit of room to catch up on that side. Next, we're going to revisit some of the sample bills on residential accounts just to give our customers an idea of what to expect, what these rates into your structure changes would do to their bills. So as a recap, when we're looking at sample bills, we are looking at residential and we're looking at metro customers. But one of the questions that was raised when we looked at the sample bills last time is what is a typical customer, particularly in the summer. We know that in the winter tends to be around 3,500 to 4,000 gallons per month, so we provided the 4,000 gallon per month sample bill. But there was a question about, is 15,000 gallons representative of a typical customer? So we look back several years, we look back at the last four years, at two different metrics. One of those was average irrigation season consumption, so made a September. And you can see the numbers there. And actually average summer consumption has decreased from about 14,000 gallons in 2020 to a pretty low number in 2023, as we know that this year was a particularly wet year, especially in the spring. So a lot of folks didn't turn on their irrigation systems until later in the year. But we wanted to really think about, rather than the average for the summer, what is a peak month, right? What are those hottest months going to look like? So we chose August being typically one of our hottest and driest months and looked at the last four years of August averages for residential customers. The highest that we saw was in 2021, 15,634 gallons was the average residential bill for 2021. So based on this information, we felt that 15,000 gallons is generally going to be pretty representative of a typical single-family user. The other metric we looked at was how many users are getting above that. And what we found was about 5%, we'll use 20,000 gallons or more at any given point during the year. So we do have some customers that get up in the higher categories, but it's definitely not the average. So with that, we'll go next into the sample bills. And I do have a few additional ones that we've added to the slide deck that may not be in your packet. So I'll just walk through all four of those for you. And again, I want to emphasize, these are sample bills based on some set usage amounts and for customer service by Metro. So those service by LockBooey would see a different result. So the first table is based on winter usage. So again, 4,000 gallons per month, pretty typical winter usage that's indoors, that's no irrigation. Actually, many of our customers in a closer to 3,500, but we're just rounding up to be to cover our bases. Because those rate increases affect different lines of the bill differently, what we're looking at here is the net effective increase on the bill. So a customer using 4,000 gallons would see a net effective increase of about 3.5% or $2.74 per month based on these changes. And this is the bill where if you look at the water portion of it, you will see that the water portion decreased and that is because of that tear change where they're getting additional 1,000 gallons at the very lowest rate. The next one shows 10,000 gallons, so that's lower summer usage. That's a single family home. Maybe they've done some zero, it have limited irrigation needs, not a particularly high user, but is definitely using more than just indoor use. So at 10,000 gallons per month, that user would see an increase of four and a half percent or $4.91 per month. These next two are looking at some of our higher users. So again, 15,000 gallons being fairly typical, but on the higher end, this would be your hottest months of the year, would be 15,000 gallons for a typical single-family home. Those users would see an increase of 6.5% or $8.85 per month during those hottest months. When we get back to winter and they turn off their irrigation, they would see that they'll go down. And then the highest example we have here is 20,000 gallons. Again, this is about 5% of our customers at any given time. Most people would never sustain that level of usage because that requires some significant irrigation to get to that level. But those folks who are using that level of water in the summer would see an increase of around 7.9% on their bill, or $12.80 per month. So with that, our next slides are going to be talking about the impact fees, just summarizing what we are proposing there. I'm gonna hand this off to our utility director for that discussion. Thank you, Katrina. Good evening, Mayor and Mayor and Pro Tem and members of City Council. As discussed at the January 23rd study session, the city is proposing an increase in the water impact fee to cover large capital improvement costs and account for the continued growth of the city. We are also proposing that the impact fee be split into two fees, one fee if the project has dedicated water to the city, and then one fee if the project has that right to pay fee and loo. Again, this is to ensure that the city is not double charging The next item is changing the waste water impact fee. The city currently collects. Basically renaming that to a connection fee of the same amount. This is to ensure that the city currently collects. Basically renaming that to a connection fee of the same amount. This change will not have a net impact on new development. And the final item this evening is the Phase 2 GMP contract amendment between the city and Garnie construction or Garnie companies. On the screen before you now is an accounting of the dollar figures that you will also find in the resolution. That'll be before you this evening. And as of note, we've added the $2 million contingency into this accounting table since we last presented this on January 23rd. So that those dollar figures are easier to follow. With that, we'll move into city staff recommendations. So city staff recommends the approval of the ordinance regarding user rates and impact fee updates. And city also, city staff also recommends approval of the phase two, GMP contract amendment between the city and Garnie companies. As a reminder on next steps, the final reading of the ordinance will be before this council on February 20th. If the ordinance is approved at that final reading, the new rates and fees would go into effect on April 1st of this year, 2024. And with that, we'll take any questions. Thank you, Scott. Questions from the council? Council any questions. Thank you, Scott. Questions from the council, council member Green. Thank you, Mayor. Mr. Olson, thank you. Thank you for this presentation. Let's just put it out there, even with adequate supplies. Do you foresee continued use of water in your restrictions since they seem to be having a positive effect on the city of Brighton? Yes, we do. So if you recall, I believe it was earlier last year, we actually codified those watering restrictions. So that won't be brought before council, you know, every year, any longer, it is codified. Thank you. I just wanted to get that out there. Councilmember Snider. Thank you, Mayor's a member. That's a member. Thank you. Thank you. That's a great presentation. I understand it completely. And the job you guys are doing with the new water treatment plant, connecting us to the to the new tri-county sanitation. It's wonderful. I mean, it's going to make our city a better place to live for years to come. One of the things I brought up in the meeting is, and I don't know if you've given this any consideration, have we came up with a way to inform the users on their bill in a very simple manner why we're raising these rates and what they're paying for? Because I think what they're getting is an amazing deal, but I think we need to let them know what that is. Absolutely, thank you for that question. So we are planning on a mailer that will go out once these, if the ordinances are approved, we don't want to, of course, send anything prior to that. So once we know what the rates are going to be, there will be a mailer that will go out with each of our billing routes, and that will include some information on the new rates, as well as a project update that will recap what's been completed and what they can expect to see in the coming years. And then we plan to update that periodically as well. To add to that as well, we've been working with our PIO office also to do a video. They've actually already done some recording of that and that will be going out to the public as well. That's beautiful. You guys do a great job. Thank you. That's amazing. I just want to make sure the customers know why we're doing this, because it's important for them to know that we're going to have the best drinking water in America and a great sewage system. And that is important. Well, thank you. Thank you. Anybody else? Not. This is before our council for consideration. Oh, Mayor Brotein. I'm sorry, just one quick question. How does the April 1st date align with the people who are transitioning from our multiple cycles into the new building cycles? And I've forgotten how many that were and how many there are now, like four to three. That's a great question. So we have currently four billing cycles. We're condensing those to three in that process. We'll be done in April. When we affect new rates, it's based on the periods that they're covering. Thank you for bringing it up. Okay. Council Member Plowsky. Thank you, Mayor. I'd like to move for approval of item 7b. And then Mayor Protin. I'll second that motion. First and a second to approve 7c. There's no other discussion. Roll call vote. the mayor I said the wrong one. You say the wrong number. Seven C. Sorry. Okay. The second still applies. All right. Motion passes eight to one. The next goes along with this. Seven D. A resolution of the City Council of the City Brighton Colorado approving an amendment to the contract with Garnie Company's Inc. for the Water Treatment Plant expansion project for the total contract amount of 167,269,224 dollars, authorizing the city manager to execute the amendment on behalf of the city and approving other administrative matters related there too. City manager Martinez, same folks. We have nothing additional to present. All right, Councilmember Johnston. Thank you, Mayor. I was just curious. What was the original cost told to the council when they first raised rates to at almost 20% they raise rates to say that they we should build this massive plant that we've now realized we might not need for another 30 years. So beyond that, what was the original price set for those council members that voted yes for this. I just want to know how many millions we've added. Yeah, so that's a good question. I've gone back and from what I can see, this has been the Water Treatment Plan project, it's been presented to council something over like 15 times. And what I can find was that the dollar figure kind of in the early stages of design was between 150 and 180. And it was presented to council on the vote to raise the water rates which was called a reset at what price? At that time I believe the estimate was around 155. Right. I just wanted to make that clear. So since that time, since the council voted to raise those rates, and this is how much the water plant, if you go back and you watch that meeting as I have, you might be as appalled as I am about this, but maybe you won't go back and look. But if you go back, it was said, this will be it. Here's what we need. Here's, and it was 155 million. We're now at 12 million past. Let's see what else they all add. See how much more money they get from our residents for this giant water plant that we don't know if we need. Thanks. So, remember, Green? Just two statements. This is the guaranteed maximum price that we're approving tonight. And so, and the other thing I would say is, yes, we do need this water plant because we already have prime releases that are in conflict with the water resources. So if we don't build this plant, we could be facing some serious lawsuits. So yes, I don't like to have it put out there that we don't need this water plant. We do need this water plant. We need it as soon as possible. With that, I motion to approve item 70. Council member, today. I'd like to second that. There's a first and a second to prove seven a D. There's no other discussion, roll call vote. Motion passes eight to one. Moving forward. Item eight a an ordinance of the city council of the city of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of But as a note, at the last study session when we discussed this, we there was a suggestion that staff look into a program that would help alleviate the residents burden for this once we implemented. So I went back with our budget director, our excuse our manager of budget and performance, as well as the parks team to put together what I think is a pretty good response to the costs that will be incurred. We've set aside roughly $200,000 from our budget to help with the reimbursement of the tree trimming for this. So I just want to throw that out there. Once we have the program completed and finalized, I'll bring that back to you so you can understand the nuances of it. But reacting to the concerns that you had last week, we certainly are ready to address that. And with that, I'll turn it over to Kyle. Thank you, city manager. Mayor Pro Tem, members of council, thanks for having me tonight. Happy to jump into this. We're looking for a new proposed change to municipal code for clearance of high over streets. Currently code says eight feet, which is pretty general. We don't feel that sufficient enough for large vehicles. We're proposing to change that to 14 feet above streets and eight feet over sidewalks. A few months ago, the fire department came to us and asked us if we could help them out. They're having trouble getting some of their vehicles passed through specific neighborhoods. It was impeding their passage through these roads, if you will, and that can actually delay their response times, as you can imagine, that's a big issue. And it also is damaging some of their vehicles, which we also thought is a big issue. And when that occurs to damage the vehicles, that also means the trees are being damaged. That's also a big issue for us as our burst. And this also affects other large vehicles. So we'll jump right into it. Current municipal code says that landscaping shall be maintained. So there is eight feet overhead clearance from any roadway. Do you want to point out that we have adopted an international fire code that states all fire apparatus access roads shall have unobstructed vertical clearance, not less than 13 feet, six inches. And we're asking to change municipal code eight feet over sidewalks and 14 feet over streets. There's some pictures for you of some of these streets that are in these neighborhoods and you can see how bad it is. Some of these vehicles are not really even that big and they're still having trouble getting through. This picture on the left there. You can see both sides of the street are affected by that. There's a car on both sides and it's fairly impassable in sections. And of course, the large vehicles go through and they get damaged, they become incapacitated essentially and they're not able to be serviced. So that's also an issue too. They're not able to service the community. When clearance will not only help emergency vehicles get through but other large vehicles such as delivery trucks, snow plows, school buses, garbage trucks, large SUVs, UPS trucks, and Amazon trucks I should point out. And anything that's really large for that matter. So the one area in specific that we want to do address that the fire department came to us about was Bromley Park. This is a specific neighborhood that was heavily planted in trees and it's the overgrowth is quite substantial compared to other neighborhoods. Other neighborhoods do have some clearance issues but this one's one we really wanted to focus on. The areas in red that you see there were the areas that the fire department especially had difficulty driving through and we myself and our city forester Patrick Lathillip went through and inventoryed most of these trees and determined there was a good amount of trees that needed some clearance and just as a background reference the trees in this specific neighborhood are on the private right away so that means the adjacent property owner would maintain and take care of those. It would be their responsibility essentially. So our inventory we figured just about 650 trees and I want to make sure you understand there's a spectrum there. Some trees are very easy to take care of and prune others are a lot more challenging and difficult and are large limbs, that kind of thing. So somewhere in the middle is where we're at. This bar graph you see on the right there is the size of the trees, the average size of the trees, the average size of the trees, most trees, in general, are 6 to 12 inches and that'll plan to the next slide here. So we did get ArborScape tree service to give us a quote on how much it would cost to prune that entire neighborhood. They gave us a $10 per diameter inch estimate of what it would take to go through and prune these trees. It's not really an estimate. That's what they said they would do, I should say. But the contractor has agreed to work with individual homeowners and get into contracts with them separate from what the city would do, which is great. So the average cost per homeowner would be about $80 to $100, which we think is very reasonable. Residents can also prune trees themselves or they can hire a licensed tree company. Other tree companies might be more expensive, but they can certainly go with other tree companies to just that, they might not get that bulk rate pricing with that, but they're certainly welcome to get another company that they'd like to. So we feel the best solution is to send out information to residents and forming them with their obligations, the new code chain, staff contact information, resources and options. City will be working with HOA to help facilitate a line of communication with the residents via emails, mailings and flyers. We actually have some templates already ready to go for this does pass. Staff is working on updating our Forstery webpage and creating a short video on proper tree pruning and resources available to the public. Staff is also happy to set up workshops for residents on proper tree pruning if the residents or HOAs request that. Staff is also available for one-on-one site visits and tree tree limb disposal is also available to residents. The big reveal. Kind of blew it there. Our reimbursement program has Michael Martinez mentioned. The city will reimburse residents up to $150 per household once they verified trees were raised. The reimbursement only applies to street sidewalk clearance that was performed and built by licensed tree contractors. Clarence instructions and options will be provided through various media outlets including mailings, which we think is a really good solution. This will get some money back in their pocket to help incentivize the program and to get these trees cleared up. So with that, there's your options for council tonight and I will be happy to answer any questions. All right, thanks Kyle. Uh, Councillor member today. Thank you. I love the changes of extra information. I'm wondering what did we land on the trees that are in what is that area called? Not in Bromley Park. Everywhere crossing maybe? No, where you have the between the street and the homeowner. We're going to be on. Yeah, sure. What's the question? Did we land on on help with trimming those? Did we get anywhere with that? So this program is for people that for Bromley Park or outside of that. This this reimbursement program would still work for that too. Oh, if that's your question. Yeah. Yes. Councilmember Johnston. Thank you. Thanks mayor. Yeah. Great job. This is what I was looking for. And I think Councilmember Green would feel comfortable with with because this just happens to be over there with us. Am I appreciate you dealing with us the way you have through this whole process? The question I have is actually in the ordinance itself, and I just wasn't aware of it, so I just wanna make sure there's what change is happening here. If you go into the actual ordinance, it says Shelby maintains so that there is at least 14 feet of clearance above and 18 inches of side clearance from any roadway. Then right below that it says, and I don't know if this is a change or not, that's what I'm asking. And it says, and 8 feet of overhead clearance and 18 inches of side clearance from any sidewalk path parking lot at all times of the year, except that flowers and similar insubstantial planting which have no capacity to impede pedestrian or bicycle traffic and grow no higher than 12 inches, may extend to the edge of the traffic facility. Was that all there before somewhere or is that also new? That's all been in code existed. And that's where and so you're just adding this sentence in ahead of all of those other codes. Correct. And when it comes to the enforcement aspect of this, will we go instead of going to enforce? Can we go to their door and say, Hey, we'll give you 150 bucks to help us be safer. And that's what the literature is going to basically explain. So people know what their options are. And we'll give them plenty of time, maybe a six month period to be in compliance. So great. And I know we can be terse up here, especially me sometimes. And I appreciate you dealing with it the way you did and do. And this is why we sometimes have had to do it in the past to try to get these things done. I really appreciate what this is going to be called. I appreciate it too. Thank you so much. Councilmember Snyder. Kyle, thanks for that great presentation. I felt like we were really hard on the planning session. And I appreciate the solution you came back with because I really didn't think of this fair just to put these on. I like the solution you came back with. This makes perfect sense. Thank you for the presentation. And thanks for going back and working it out so that we can take care of the residents in a proper way to get them up to code. And then after that, it is their responsibility so I appreciate you. Thank you. Part of why we do this in study session two to work those for Kings out. Absolutely. Council member green. Thank you Kyle. I do appreciate the reimbursement program. I appreciate what you have done with what your original presentation was. But two weeks from now if if we approve this ordinance, it will be in effect. Correct? And while we say there may be six months, grace period, there is an enforcement tool. What is that? So again, we're here to work with the citizens. I understand that, but there is an enforcement tool that we have to, if we have to get to that point in that That is where we get code enforcement involved and at that point we get Dialogue between the code enforcement officer and the resident of what their options are and what they should do And if they don't become in compliance usually that gives them we give them like a six-week window I don't know what the timeframe is to code us up to code But they they give them those options and then finds our imposed and that's kind of depending on the direction of the code enforcement officer could be $100 you know that kind of thing. It doesn't get to that point it turns into a situation where we could use go and mitigate the issue ourselves and we put a lean on their house for that amount you know that's one option other options are they just go to court and they pay a stronger fine to not be in compliance so it kind of depends on the situation and the co-inforcement officer's discretion is my understanding. Again, I know, but I know there's some obstinate people out there. And I can tell you, 17 years of working here, we've never gotten to that point with TRICO anyway. So usually we work something out. Thank you. Kyle, I know in the slide a couple of pages back it said we'll be working with the HOA to help facilitate the communication. What have we already done to do that? We're trying to get a hold of the HOA right now. HOA as you can imagine are very hard to get hold of for various reasons, but we are setting up a few emails and getting in communications with them to figure out what their actual lines of communication are whether it's emails or paper billing, we don't really know yet. But once we get into that, we'll be able to submit some of our documents to them too, that they can distribute to their residents. It's got to look up when they meet so we can just talk to them. We should have done that even before we got to this point. Yeah. We got one with ties. Yeah. Councilmember. Councilmember. Councilmember. Please tend to change up quite a little. Councilmember Worth. All right. Thanks. Thanks Kyle. Thanks for the presentation. One question. I understand you're getting $200,000 to handle that. Is that full $200,000 going to go strictly to reimbursements? Or are they going to help to pay? Is that going to help to pay for the extra hours for your code enforcement officers and following up and doing all this? I know that stuff does this happen. That's strictly for the reimbursement. Are you ready to take on the rest as well? We will do our best. And the fire department's willing to help us out a little bit too. We'll communicate that and walk the streets a little bit if they have. Can we get an update in the future study session a few months from now and how this is going? Yeah. You know, we approve these things or not and then sometimes we don't know what happens. So that would be good to have that. We happy to. Council member Polowski. Thank you. I'd like to move for approval of item 8A. 8A? Okay. Council member Fiddler. Grateful for the compromise, Kyle. Thank you for the presentation. I'll happily second that. If there's a first and a second to prove 8a, there's nothing else. Roll call vote. Motion passes 9 to 0. He's at 9 this time, Kyle. That's a release. I can go to bed early now. Tell that to Travis tonight. Yes, he'll be really, too. Thank you to our city manager for working this out, too. Yes. All right, next item A to B, an ordinance of the City Council, of the City of Brighton, Colorado, approving the vacation of a portion of an existing 10-foot utility and drainage easement generally located to the north of the Gateway Street alignment south of east 120th Avenue east of Southgate Boulevard and west of Southplac Valley Avenue. More particularly located in the southwest quarter of section one township to south, rain 67 west of the sixth principal Meridian city of Brighton County of Adamstead of Colorado city manager Martinez. Thank you mayor for this item we have some Recan who is a part of the community development team I want to add yes we do not just Emma that's correct go summer yes I really don't know good evening mayor mayor per time members of council my name is summer McCann associate planner with the city and I'm here to present the Brighton Ridge subdivision filing number one East Mid vacation. The project contact is Travis Fasero working on behalf of the property owner of Walk Off LLC. For those unfamiliar with the subject property, it is highlighted on the map and is generally located to the north of the Gateway Street alignment south of East 120th Avenue east of Southgate Boulevard in west of South Platt Valley Avenue. To provide some background the property was originally platted in 1988 as a part of the Green Homestead subdivision which is shown before you on the screen. Several utility and drainage easements were dedicated to the City of Brighton. In 2022, planning commission approved and city council accepted the Brighton Ridge subdivision plan, which preliminarily plotted the property. The final plat of Brighton Ridge filing number one, replatted the previous lot one into its current configuration as tracked be. the proposal is to vacate a portion of the current utility easement to allow maximum flexibility for commercial development. Now looking to the land use and development code, the city council when making its decision shall use the following criteria as found in section 2.13b. In reference to the numbers before you on the screen, the property is part of the first phase of the overall bright and rich development. The property is part of the first phase of the overall Brighton Ridge development. The Brighton Ridge Final Plot details infrastructure improvements associated with phase one of development. As visually represented on this slide, these improvements include the extension of Gateway Street, the widening of South Platt Valley Avenue, and the extension of water and sewer lines within the adjacent roadways. The current utility easement does not include any utility lines and as such will not impact the city's ability to serve adjacent properties. As future development will be served by utility lines within Ride of Way, staff has found that there is no public purpose for the easement. The proposal does not impact the goals and policies of the comprehensive plan and has not been found to conflict with the Colorado statutes, the Colorado Constitution, or the Brighton City Charter. On January, although not required, on January 22nd, notification of the agenda item was posted on the city's website as well as Facebook and Nextdoor. StaffFinds's proposal meets the review criteria outlined in section 2.13b of the Lane Use and Development Code and therefore recommends approval of the Brighton Ridge filing number one, easement vacation. At this time, there are four options before you on the screen. Thank you all for your time and attention and I look forward to ask you to ask the question. At this time, there are four options before you on the screen. Thank you all for your time and attention. And I look forward to any questions. Well, if there's no questions, um, looks like we have some people that want to make a, make a motion. Council member green. Thank you, mayor. Although I think this was a bait and switch. I thought we were proving a vacation for ourselves. Ah, dang. No, I will approve item 8B. And then council member Feedler. Thank you Mayor Hall, happily second. All right, proper first and second to approve 8B. Just do another discussion, we'll call though. Motion passes 9 to 0. I'm going to move on to the motion. Motion passes 9 to 0. Yeah. All right. Moving on item 9a. An ordinance of the city council. Of the city of Brighton, Colorado, and Mending and repealing certain sections of the Brighton Municipal Code and enacting sections related to the sale of marijuana. City Manager Martinez. Thank you, Mayor. This is a second reading and while we do pull up the presentation, I just want to mention that we did take into consideration some of the comments that we had at the study session Specifically the change that we have from the last study session will be the hours of operation So as asked for we have changed the hours of operation from 9 to 9 which we previously had to be more consistent with what the state allows Which is from 8 a.m. To midnight. So that's really the only material change from the study session. If you can pull up the presentation, there should be a presentation in there. No, no presentation in there. Well, it should be in there. The presentation is in your packet, so staff is available to answer any questions. Oh my god, this is a question. is in your packet so staff is available to answer any questions. All my God. Councilmember Dunston. Thanks mayor. I'm really like the changes. Oh, excuse me. It's not the pleasure of council. It doesn't matter in me. We went through it during study sessions. OK. OK. The well done on all of this, the one, there was another thing I talked about at study session. I don't know how to do it, but I don't want us to get to 60,000 people have six stores and only have two social equities. As my one concern, I love to keep it at some kind of half and 50% to give the small players a chance. The problem with doing that is obvious five stores to and a half stores social equity. I get that, but if we could make a change of some sort, where as it increases that social equity stores increase at the same level, is that possible? I'd like to make that amendment as one piece of the amendment. The other piece that's important too that I was not aware of, but the industry, both the social equity folks and the big time industry has made me aware of and wants me to explain. The 90 days, so if you do want to, you don't have to pay any means on page five of the actual ordinance number letter G. It discusses and I'll just read the smallest portion I necessary to make this understandable. Shall be accepted by the city clerk for a period of 90 days and that's the licenses trying to get the licenses. I know none of us would have found an issue with that but the people that are in this business they say say, the less time it is, the better it is for all parties to consider. And what I would like to do, and it's because they have to go to get a license, you have to have a location. So some folks are going to have to get a location to put marijuana in a certain place, and instead of just getting the license to do it, they won't know if they'll have it for those 90 days. So the more we can limit that, the more we help both the large players that don't want to pay rent for an extra month and the smaller players. So what I'd like to do is make that, and I've spoke in a small way to a city staff and to the city attorney about this, and while 30 days might be too quick to do any turnaround, like to do it in 60 days. So to change that to 60 days, so they're only having to pay two months of rent to a place that they might not even be able to use, if that makes sense. So those would be the two things I'd like to add into this otherwise, I think this is very well done, and I am definitely in favor. Thank you. Mayor Brutten. I received some of the same communications asking to reduce the application period from 90 days to 60 and I'm supportive of that change in process. I think it's a financial hardship for in particular social equity target to pay that. My recommendation on the social equity target to pay that. My recommendation on the social equity is to have staff keep that tab and make sure that as we increase the number from the four we're starting that we then come up with the formula. Since we don't have any step that says we're going to expand automatically at this level of population right now we're straight up at four stores. My recommendation is that we put that on the table and when we take up expanding the number of licenses we offer, we figure out the math for doing it. Okay. City Manager Martinez. Thank you Mayor. Just to respond to those in terms of the SoulShare equity. City Mayor Martinez. Thank you Mayor. Just to respond to those in terms of the Social Equity. Yes Mayor Pro Tem is exactly right since this ordinance only allows for for at this point. I think that given that if we do want to expand we will have to come back before Council to do it anyway. So at that time it's probably the right time to address it but we'll have a plan in place when we do come back to expand that. So rest assured that that will happen once we get to that point in terms of the 60 days versus 90 staff is amicable with that as well. Okay. All right. So I'm going to make a few statements first. I've received many mixed opinions about this subject both by email and people I've received many mixed opinions about this subject, both by email and people I've talked to personally. Back when I was even knock indoors when I was running from my position, I had people that were, that had reservations about this come into our community. And so I do need to speak up on behalf of them as well. As I mentioned during our study session, other cities in the metropolitan area also don't sell marijuana and they're fine. Cities like Westminster, Arvada, Centennial, they all thrive well even without retail marijuana. I think Colorado Springs only does it for medical and that's a major city in the state here too. The ballot measured technically failed in 2021 here in our community. I know there's mixed opinions on what they are actually voting for. If it was just voting for the tax issue or something else, I can't determine how that failed. But a city that really buds up to Brighton, a log buoy, they had that on the ballot just last fall and it didn't pass either. So there's an indication on where residents still feel, and you can determine that however you like. I think it's still a declining industry. There are marijuana stores in Denver that are closing. And if you look at our neighbors to the South and Commerce City, they have, last I heard eight marijuana stores, all of which are in the more lower income areas of Commerce City. So why wouldn't they be up in Buffalo Run and reunion of those areas? So think of that. I'll be a no vote. I know I'm probably in the mind already by this point, but I've said my piece and we'll vote and move on. Oh, Councilmember Snyder. Thank you, Mayor. This is a tough vote for me too. I've also received communications from people that have lived here 80 years. Thank you, Mayor. This is a tough vote for me too. I've also received communications from people that have lived here 80 years. They've helped build this community and I respect them and I respect their desires and their wants. But I've also looked into the problems that come with it and the problems that come without it. And if we were voting to keep marijuana out of our community, I would absolutely be a no vote. But we are not. Marijuana is in this community, and the problem is it's being sold on the black market. And people on the black market take marijuana and mix it with fentanyl. They mix it with oxycodone. They put speeds in it. You don't know what you're getting, and it's far more dangerous and I would rather have the citizens in the city buying a known product that's very well regulated so that it's safer for them. And the other thing that I've found in my research is cities that do not have legal marijuana have a tendency to have three times the black market. So we're forcing people to give the money to that underworld client by not having it. The places that we've approved this for aren't right in the face of our retail. They're not in the face of our school children. I really was torn with this. I had to fight with it, but I'm going to be a yes vote because I believe when you weigh everything out on both sides, it's the right thing to do for our community. Okay. And by the way, I know there's people in the audience that are for it, that's fine. I'm happy to talk with you individually. If you like any time, we can make an appointment. So, I'm Linda Johnston. Thank you, Mayor. If it please you, I'd like to say one quick comment. I just wanted to say how I appreciate your thought process on this mayor as we've been on different sides of this. We've gone through this for eight years on the planning commission to get to this point Where I think we might actually get this done But I just appreciate those that hold up to what others would see is a lost cause And I'm proud of anyone that does that as you just see me do with water again and again here I just appreciate the the talks and the thoughts that we've had from both sides of this this whole time I'm so with that I'd like to make a motion if it pleases you mayor. Okay. I'd like to make a motion to approve item 9a with one amendment to make it 60 days in line G on page five of the ordinance instead of 90 days. Sixty instead of 90. Mayor Pro Tem. I will second the motion as amended. You can curve the amendment. I do. Okay. Proper first and a second to prove 9a as amended. There's no other discussion or we'll call them. Motion passes, seven to two. All right. By the way, this evening was going, I thought we'd get to this point at 10 o'clock, but we are not even nine o'clock. So I think we've gone enough there. All right. We're going on to reports. I got quite a few on my reports. I'll try to make those quick. My Highway 7 Coalition made a couple weeks ago. One set of construction you'll start seeing along the Highway 7 corridor. Near I-25 is the start of a construction of a limited mobility hub. If you want to know what a mobility hub is, their building went out highway 119 to 925. They have one at the Centura Exits near Loveland and this will be more of a abbreviated version of that until they build up to a full version of that in the future. This summer, they will start construction on a road overlay on Highway seven. Something we've been wanting for a very long time, but yeah. There will be also improvements to Colorado Boulevard and they'll be putting up a signal at Holly as well. And then a street light at Riverdale Road because if you try to turn there after dark, it's dark. So that will all start the summer. So look forward to that coming soon. And then at my native medium, we had a new 470 update. They even mentioned the stable interchange and the design process is progressing on that one. The CMMA Policy Committee we met, we, you know, I'll just quickly say the CMO policy committee opposed. Bill 1026, which is the local taxpayers bill or right prior voter approval requirement. We went neutral on the overdose prevention centers, which is 1028. And then there is a support on Senate Bill 2. And if I'm which one's that? Oh yeah, the property tax rebate and incentives. So those are some quick highlights of what we went through that may or may not affect our areas here. A couple of weeks ago, Metro mayors had it's retreat, our goal planning session down in a loan tree. We had a legislative updates. We had a construction litigation form updates. Mayor Mike Johnston from Denver had a homeless update. He was there. The governor spoke instead of the attorney general. And then our, at Dr. Cog, we had a, the governor staff came in and talked about housing legislation. So I'll just leave it at that for now. I attended in the past three weeks. The ad cog dinner, the chamber awards dinner. I took a tour of the Denver Airport West Security that just opened up recently. I got to tour it before they opened up obviously. The AC Repiligislative Reception, Richard Lambert Foundation Appreciation Dinner was on Friday, Sister City's Auction Saturday, and just yesterday I went to the Adams County Court House or the 17th to district court house. They talked about the problem solving court programs and the success stories they've had in helping people get off of substances. So coming up in the next week or two, I got Metro Mayor's tomorrow morning. Dr. Cogs got online work session this week. CML workshop next week and CML policy committee coming up. So that's all I'm gonna say for now. Reports by department directors. We do not have any of this evening, thank you. They bailed on us. Oh, there's a few still. Port Sparr city attorney. None, thank you, Mayor. Okay, because you don't have Wi-Fi. the report . . . . . . . . . . . . . . . . . . Manager and specifically on board and commission vacancies. Mayor, since you asked to be here until 10 o'clock, I have a pretty lengthy report. Okay. Go through and read each of these openings one by one. We'll call for another break. We may. We may need to. I will not read each of these one by one in your packet and online. You will see the vacancies as always. I encourage you to you as citizens to apply for any of the open vacancies we have on boards and commissions. I know we did have some planning commission interviews tonight. We have a lot of interest in that which is promising and it is my hope that we have the same type of interest for the other five boards and commissions that we currently have openings for. So please go to the website and check out some of the boards and commissions that you can participate in if you are listening or watching on TV or in the audience today. Quickly I just want to give a shout out to our streets team. It a wonderful job this weekend of preparing for the storm. We got a quick jump on it, maybe a little bit quicker than our neighbors, which was a good thing because it actually started to snow about two hours before anybody anticipated it to do so, but we were out even before that. So excellent job to the streets team. If you were involved in the process of watching how we prepare for something like this, a lot of work goes into the preparation. So Bob Younger and his team do a fantastic job of preparing for every snow storm and my hats off to them, especially for the hours that they have to work through those snowstorms. Another quick note of thanks to Kayla Barber-Parata, our wonderful budget performance manager. The International City and County Managers Association does a fantastic annual conference every year where myself, my peers, and a lot of other folks from various municipalities get together. This year, one of the premiere breakout sessions will be, are you guys familiar with the hot ones? Things that you see on TikTok or YouTube? Well, there are folks who, it's an interview. So you interview somebody famous while you're eating chicken wings, hot wings, right? And you're asking them questions as they're eating. Sure you've seen it. Well, Kayla got us to do a session, so she proposed a session and today we found out we will be doing that in front of 5,000 of my peers at ICMA. So I don't know if I should be thanking her or having a conversation with her about her performance after this, but it's actually going to be very cool, but I'm again thankful for the work that she does. She is cheerleader number one for this city and continues to do that. And it's cool things like that continue to put us on the map. And finally, I would like to thank you as council members tonight. We had a lot of tough difficult decisions to make and I do want to thank you for the respectful and thoughtful conversations that we had this evening I feel like you as council and we as a city have come a long way and I certainly appreciate the respect that you've given us and staff this evening and Hopefully we can continue that but thank you All right. Thank you. Now to reports by our city council. I'll start down here by councilmember worth. Thank you, mayor. I do have somebody to talk about tonight. One, I've, I, parks and rec has our first meeting for me anyway tomorrow So I'll finally get the dip my toes in there and see what that's all about. So I'm excited about that One concern I have is on the youth commission I Understand that they have been basically shut out of the upcoming NLC meeting I've got some real concerns with the with with the general progress of the youth in NLC Because it used to be really good programming for the young people and it was designed by young people. I understand, last few years, it's been designed by the adults just given to the youth and said, do this. And that's a really terrible way to handle that So the the planning was always always done by the youth they had good programs good interaction with that and the one NLC meeting I ever did get to go to the City Council and and mayors and city managers Wanted to exchange more with the with the youth than they did with their peers. So I will be sending an email to the leadership of NLC kind of challenging this and saying, you know, what are you doing? Hopefully they will, I don't know if we can do anything for this year, I believe our council, we only had three members that were going anyway, but they're on a wait list. I understand Commer City is in a similar situation, so that really needs to be addressed at the NLC and the plan to at least communicate with them about that. Other than that, our youth commission is currently going full force ahead on their speak week plans. So they've been really working hard there. At does such a great job of building leadership skills and working camaraderie, working with the other youth and adults. So thank you. And thank you for mentioning that about NLC. We'll have to get together and talk more. I do have an ear with the NLC board president out of California. So what we'll talk further in the future before I go. See him. Councilmember Poloski. Thank you, Mayor. Well, last week, I did it last week. Longer grow than last week. The ad cog dinner, which was very interesting out at Buffalo Run. The only thing is they need to use a microphone when they make presentations out there. And then I attended the joint meeting with the 27J and Commerce City and that was a very good meeting. I really appreciated that and President Greene running the meeting and everything. It was very well done. And then I also attended Sister Cities on Saturday night. It was interesting because of the snowstorm. I thought they're probably not even gonna have this dinner. I was dumbfounded at how many people, so many people showed up. They had to set up extra tables. It was fantastic. It was a great turnout. But anyway, I just thought I'd mention that just a little bit. And then I'm looking forward to welcoming our new alternate, tomorrow night to the Parks and Rec boards. So thank you very much. Council Member Green. Thank you Mary. Yeah, of course I attended all those dinners and those extra meetings I'm looking forward to the Pinnock Center's counseling. Marty Graude is Saturday and of course next Tuesday is Fat Tuesday so let the good times roll and I don't know if I'm going to give up my girlfriend for lunch or not. But the... Wow. Wow. Just kidding. Is she watching? I think they mean other vices like Mountain Dew or something. Here's a member today. She's from. So I was able to attend the Chamber Gala as well as the joint meeting with 27J and Commerce City and those are always very interesting and informing and like to hear what goes talking about the new community. I'm going to be talking about the new community. I'm going to be talking about the new community. I'm going to be talking about the new community. I'm going to be talking about the new community. I'm going to be talking about the new community. I'm going to of those on the Youth Commission for NLC, I actually think that we should register our delegates and have them go as delegates to NLC and go to DC. And I don't care if I bet when they get there, they'll be able to participate in the Youth Commission events. But if not, let's take them with us to the rest of the events because they're input is valuable. So I think we should take them, and I don't care if they tried to shut them out. We can register them as delegates period. Second thing, the housing authority did not have its meeting last week, but a couple of important things happening there. The first one is that we're actually finally kicking off construction on some of the housing authority owned properties that have been sitting vacant for God knows how long a fifth and long speak in 18th and bridge. So construction has actually started snow slota down a little bit, but they're actually working. And the big focus upcoming here actually is on how should the housing authority operate? What are its bylaws? What they're not in compliance with any number of things like open meetings laws and such things. So we're going to fix a number of things very, very quickly. And I especially appreciate our city attorney stepping in and having the conversation with the housing authority attorney to make those things happen in a kinder and gentler way than I might do otherwise. Just a comment since the mayor brought up some of the things that the Colorado Municipal League is watching with our legislative session upcoming. We need to pay attention. Last year there was one Senate bill, two 13 that did all kinds of things to usurp local control and take that to the state level. And it failed because every city in the state spent a lot of time going and saying, this is bad. We need to maintain our local control. We need to, we believe in the cause of affordable housing, but the way this is trying to be done does not meet what we need to do within our city. Our city already has relatively advanced land use codes and we do a lot of the things that the governor and that crew want to do. But we do the way that fits for the city of Brighton. This year, that's expected to be split into some 10 or 12 different bills in order to try to separate the conversation and in order to keep the municipalities from identifying, hey, this is one of those things where local control is at risk. It's not a bad idea to do accessory dwelling units. We already do them. Maybe we don't need to worry about it. It's about where do we have control? So we have a set of lobbyists who are working on our behalf as the city and the mayor and I sit as the legislative committee to make sure that we're responsive quickly. But we're looking to make sure that we protect local control wherever possible. And I think that is going to be a big challenge. And we may call on a number of you to reach out to people like Senator Puyola who it looks like maybe actually sponsoring one of the bills that's not good for the city of Brighton. So there's some things that we're going to need to have those conversations around specifically that one has to do with parking spaces round department buildings. Enough on that one. And now, on that one, the Adams County opioid abatement committee met last week and we have awarded roughly $3.6 million in grants to organizations in the county who are doing work in education, prevention, treatment, recovery, all of the areas that are specifically important to addressing this issue. The best thing I think that happened out of land last week is that the city of North Gwen decided to join into the United Miss County pool and not try to run their own program. So we're having an impact and we're leading that effort. I talk about that $3.6 million, but what that commission has also done is taken another 3.5 million in settlement funds that we have and are working to identify what specifically are the gaps in Adams County in this arena and how do we go about inventing solutions for those gaps instead of just waiting for people to come to us with applications. So critically important work that's happening in that arena. And then in addition to the PennExcentre event on Saturday, the Brighton Cultural Arts Commission has an art heals the heart event on Friday evening. And I think it's worthy of note to support because that organization is functioning independently. Finally, they're not a city committee, they're not a city entity, and this is their event to make a difference in the community. My last word for the night is if Kayla can make the city manager cry, we will come up with a reward for her. Thank you all very much. Yeah, she's watching from home tonight. All right. Councilmember Johnston. Thanks Mayor, quickly Councilmember today, and I did meet with some planning commission candidates and we'll have those sent to you to make our decision as a council. Other than that, I just want to tell Councilmember Green, if you need some more to stay tonight. So my house is not far away. I don't want it to be there to be a story about a pigeon on your wall like we heard earlier thanks bye that's good right councilmember Fiddler thank you mayor oh pylon times for shadowing the side is giving him up for lent so then he can give his version of the story but that's what's going to have. As I mentioned, I'm grateful for those who came to the joint meeting. I appreciate that so much. And again, you all know how many invitations you get. So I appreciate you all making time. Those are able to do that. Just a little bit about that evening. Did share that. We are on the process of designing high school number four at reunion. Parkway in 96 down there in that area. I'm going to go ahead and do that. that evening did share that we are on the process of designing high school number four at reunion Parkway in 96 down there in that area. Hopefully we'll open that in the fall of 27 and then we are anticipating a parking lot at Brighton High School of Econ. By August we're working really hard to make that happen. I grateful to Scott and his staff for helping us with the drainage issues. At a great time with the gala, the Chamber gala, and looking forward to the Masquerade events for the Panock Center on Saturday night. That's all I have. Thank you. All right. Councilmember Snyder. Thank you, Mayor. I did attend my first burrow meeting and I'm drinking from a fire hose there. There's a great deal going on and the executive director, Aaron, was kind enough to give me some very stimulating, interesting reading about tax incremental financing and pips and bond issues to read on my vacation. So I will be grateful to him for that for a long time. But anyway, I really don't have anything more than that to report. They're working on some interesting projects, and I'm just trying to get in the middle of it. The other thing is the youth commission's gonna for me, I think, probably for me, on Saturday have a training session for adults of what our role is there. So I'll be attending that and get started attending those meetings. Great, thank you. And Just to show how committed Councilmember Snyder is while he's on vacation, he's reading. Did you hear that? He's reading all about Burah during half his vacation while he's on the beach. Wow. All right. There's nothing else on the agenda. We are adjourned see you next week.