I'm going to go ahead and see if you can see the city council meeting. For this Tuesday, November 1st, 2022, we did have the pledge during the previous meeting. So I'll go on to roll call and see if you can see the city council meeting. We have the pledge during the the meeting. The city council meeting for this Tuesday, November 1st, 2022. We did have the pledge during the previous meeting so I'll go on to roll call by our city clerk. Mayor Mills. Mayor Pro-Tem Cushing. President. Council Member Blackhurst. Is that a town? Council Member Johnston. President. Council Member Blackhurst. Is that a town? Council Member Johnston. Present. Council Member Padilla. Present. Council Member Polavsky. Here. Council Member Pollock. He's ill today. Council Member Tudayo. Present. You have a form, Your Honor. Thank you. Next is the approval of the regular agenda. Anyone want to make a motion on that? Council Member Padilla. I'll move the agenda as presented. Mayor Proton. I'll second. There's a proper first and a second. If there's no other discussion, we'll call vote. the next second second second second second second second second approval of the October 4th 2022 City Council minutes. Mayor Pro Tem cushion. Only commotion that we approve item 4a. Sorry 3a. Good catch 3a yes. Councilmember Pulaski. Thank you Mayor I'd like to second that motion. We have a proper first and second to approve 3a if there's no other discussion. We'll call vote. Motion passes 6 to 0 with two absent. Next is ceremonies item 4a, National Adoption Month Proclamation. I've asked our mayor pro-tender to read that into the record. Thank you, Mayor. Whereas the City of Brighton recognizes to read that into the record. Thank you, Mayor. Whereas the City of Brighton recognizes the importance of giving children permanent, safe, and loving families through adoption. And whereas every child deserves the opportunity to grow up in a loving, stable home, an adoption is one way to build a family. And whereas caring adults can make all the difference in the lives of young people, sibling groups, children with special needs, and teenagers. And whereas in 2020, according to the Children's Bureau, there were over 117,000 children in youth waiting to be adopted who were at risk of aging out of foster care without permanent family connections. And whereas we celebrate the life-changing act of adoption, bring attention to the millions of Americans who are eager to adopt and express our gratitude to the families who have welcomed children into their lives and homes. And whereas the effect along with similar celebrations in all 50 states around the country will offer children a chance to live and with stable and loving families and encourage other dedicated individuals to make a powerful difference in the lives of a child through adoption. Now therefore be it resolved that I Gregory Mills, Mayor of the City of Brighton on behalf of the City Council the city council. I'm going to be it now. Therefore be it resolved that I Gregory Mills mayor of the city of Brighton on behalf of the city council. Hereby proclaim November is National adoption month. Thank you. What is the pleasure of council? Councilmember Padilla. I thank you as an adoptive parent. I'm very proud to move item 4A, the National Adoption Month Proclamation. Then Mayor Brotem. Yeah, I'd be happy to second and I just encourage anybody to consider doing this. It's just a really great thing. Great kids. Thanks. Definitely. And I'd like to thank both you Mayor Pro Tem and also Council Mayor Patilla for helping with bringing kids into stable households through adoption. With that, we'll call vote. motion passes 6 to 0 with two abs in. Any manager Martinez. Thank you mayor. It's my honor to ask council member Padilla to receive this proclamation. All right. We'll have council member Padilla come down. Well, I'll get some pictures. I'm asking you, Christy can say one thing. Okay. Thank you. And again, thank you to all the families that have lent their house out to adopt, not just lent their house out, but opened their homes up to adoption, to bring stability to kids that really need that in their lives and foster a loving household for people. Next on the agenda is the Veterans Appreciation Week Proclamation. We have veterans they coming up next week on the 11th. Go ahead and read this into the record. Whereas veterans day is a day intended to honor and think all those all who have served in the United States Armed Forces, the men and women who have served in the Army, Navy, Air Force, Marines, and Coast Guard. And whereas the signing of the Emeritus ending of World War I at the 11th hour of the 11th day of the 11th month in 1918 has been observed by the country for over 100 years, first as I'm always saying this wrong, I'm nervous. Armistice day. Boy, someone's gonna get me for that. Armistice day and now as a veterans day, whereas Congress in 1954 passed public law 380, formally changing armouredist day to veterans day to expand the significance of the existing holiday in order for an order that a grateful nation on a day dedicated to the cause of world peace may a prosper homage to all its veterans who have contributed so much through the cause of peace and preservation of our way of life. And whereas the veterans of the city of Brighton gave all, it gave their all, who service, sacrifice to our country, and its fundamental precious rights of freedom and democracy. And whereas today, and every day, we pay tribute to those who have served and are currently serving our great country. And whereas the residents of Brighton, who do, wait, let me start over on that. Whereas the residents of Brighton wish to express their continuous indebtedness and respect to our veterans who are found in every sector of society and serve our community in so many ways. Now therefore be resolved that I Gregor Mills may or the city of Brighton on behalf of the city council do hereby proclaim November 7th through 13th, 2022 as veterans appreciation week and encourage all residents to join in commemoration and appreciation of our veterans dated this first day of November 2022. Would you manage your Martinez? Will you introduce the people that will be accepting this tonight? Thank you you Mayor. Tonight we have Vietnam veteran Terry Young and representing the VFW Brighton Joe Larson. Come on up gentlemen we'll have a quick picture and I'll let you say a few words if you like. I'll do a picture first. Okay. We got fixed. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I can't. I motion for the approval of this proclamation on behalf of my husband who was a Semper-Five Marine. Thank you. Very good. And then Councilmember Padilla. I would second that a note that November 10th is the 247th anniversary of the Marines. Good note. Thank you. We have a proper first and second to approve item 4B, if there's no other questions, we'll call both. Most in pass is 6 to 0 with two absent. Gentlemen, come on up. And if you'd like to say a few words, you're welcome to it. If not, it's okay, do. It's okay, do. Just like to thank the City of Brighton for this on behalf of the veterans of the community. So thank you very much. All right. Thank you. You know, in the city of Brighton, we do honor our veterans. We have the Vietnam Memorial over on the corner here outside of City Hall. the city hall. The wall was brought to Brighton last year in honor of the veterans that served in Vietnam. We really appreciate those that served in all aspects of the military, whether it's during conflict or not. Thank you. Next is public invited to be heard on matters that are not on the agenda. I don't have anybody signed up on my end Madam City Clerk will you confirm if anybody signed up over there. No you're on. All right thank you we will move on from there. Next is under public hearings item 6A and ordinance of the City Council the City of Brighton Colorado approving the historic landmark designation for Pioneer Cemetery in approximate half acre property, generally located at the North East Quarter of West Bromley Lane and East 148th Avenue in a portion of the Southwest Quarter of the North East Quarter of Section 13, Township 1 South, the range 67 west of the 6th Principal Meridian, City of Brighton, County of Adams, State of Colorado. This is a first reading. I'll go ahead and open up the public hearing and ask of our city clerk to confirm all the necessary postings and publications were done. Yes, you're on the notice of public hearing was published on the City of Brighton website on November 1st, 2022. Thank you. We manage our Martinez. Who do we have the pleasure of hearing from tonight? Thank you, Mayor. You have the pleasure of hearing from Senior Planner, MLA. Welcome. Thank you, City Manager. Good evening, Mayor, Mayor Pro Tem and members of Council. As the City Manager I am a lane senior planner and historic preservationist for the city and I'm here to present the first historic nomination in nearly four years the Pioneer Cemetery Historic Land Mark designation. The official applicant is Travis Haynes of the City of Brighton and the property owner is the City of Brighton. I do want to note that a majority of the documentation for this nomination was prepared by the City Museum employee Rich Napfell. He was very, very helpful in getting all of this information compiled. Getting started, this application falls under the city's strategic focus areas of a recognizable and well-clang community, as well as facilities, amenities, and open space. For those unfamiliar with the location of this property, it is outlined on the map and is generally located to the east of Bromley Lane and to the north of east 148th Avenue. The Platte River Ranch neighborhood is just to the north and just to the west. Historic landmark designation is an official designation of the City of Brighton, declaring a site, structure, or a district as historically, architecturally, or geographically significant to the history of Brighton, the history of Colorado, or beyond. Designating a property as a historic landmark ensures the preservation of the resource, and it creates funding opportunities for preservation or restoration such as grants and tax credits. When considering the landmark designation staff use the review criteria outlined in the Land Use and Development Code section 10.03C2. As the designation is reviewed by the City Council. It is important to refer to these criteria to ensure consistency in review. A little background on the property. The property was the family cemetery for the Blundell and Donaldson families, both pioneer families in Brighton. The property was first owned by James Blundell, but was sold to Mary E. Black shortly after. Thomas Donaldson bought the cemetery from Mary Black in 1891. The property history after that is relatively sparse, but the property was annexed into the city in 1987, which was 100 years after Brighton's incorporation. James and Hadi McCoy, who were descendants of the Donaldson and Blendell families, sold the property to the city for $10 in 2002. In 1859, Thomas Donaldson and James Blondell came to Denver in search of gold as many people at the time did. After failed attempts, the men with their families settled in the Brighton area in 1860, staking their claims next to each other. Only three years after settling down Mary Blondell, James Blondell's wife, passed away in 1863 and was buried in the newly formed cemetery. She was the first burial. James left to Brighton, the Brighton area in the early 1870s for Southern Colorado. He returned in 1884 after becoming ill and died shortly after. He passed three years before Brighton was incorporated. One year after Mary Blondell's death in 1864, Thomas Donaldson's wife Laura also passed away. Thomas continued to farm his original claim and eventually became a brickmaker. Buildings in early Denver and in Brighton were both built with Thomas Donaldson's bricks. Most of the men, women and children buried in the cemetery were part of the Blondell and Donaldson families or were close friends. There are many descendants of both Blondell and Donaldson families in Brighton still today. Moving into the review criteria, the future land use portion of B Brighton, the city's comprehensive plan, has designated this area as appropriate for Parks and Open Space, which is consistent with the current and future land use as a historic cemetery. The proposed historic landmark designation meets other policies and strategies of the comprehensive plan as well. Under Chapter 2, current context and values, heritage is the first. This section states that the 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. The historic pioneer cemetery retains value not only in its heritage as the final site of rest for Brighton's first settlers, but also in the architectural styles of the headstones present, which changed over time from the first person in turn in 1863 to the last in 1935. Within the comprehensive plan chapter on citywide principles, policies and strategies, the proposed historic landmark designation also advances these goals. In reference to policy 9.2, with help from the Parks and Recreation Department and the Cities Museum, the Pioneer Cemetery can be used as an educational tool and as an attraction for residents and visitors. The cemetery will be a place where people can learn about the beginnings of Brighton and its early settlers, some of whom are buried there. In reference to Policy 10.1, the designation of the Pioneer Cemetery as a local historic landmark, preserves the heritage of agriculture at the city's beginnings and preserves the physical nature of the cemetery. The designation will encourage the celebration of the city's historic resources as a city-owned site and will open the site up to historic preservation funding sources to maintain and preserve the history and the site. In making its decision, the city council should use the criteria found in Section 10.03A, the policy and intent of this section. Part of the community since 1863, the Pioneer Cemetery has been a constant in the midst of a growing city. Protecting the cemetery will allow future generations to explore and appreciate the heritage of the area's first settlers. Designating the city-owned property advances the policy and intent of this section of the land use and development code. In making its decision, the city council shall also use the criteria found in section 10.03 B1, historic landmark eligibility. The property must be at least 50 years old and possess historical and or architectural significance. Under Category A, architectural, the Pioneer Cemetery meets Criterion 1. The cemetery was active from 1863 to 1935. In this time, the design of headstones was changing. This can be seen in the change in design from those interred toward the beginning of the cemetery's history to those interred towards its end, as well as the difference in design between the richer and poorer people varied there. Under Category B, social and historic, the Pioneer Cemetery meets Criteria 1, 3, and 5. In reference to Criterian 1, this land, initially owned by James Bundel, was the burial ground for settlers between the years 1863 and 1965. In 1935, sorry. The land was some of the first settled in the area and eventually aided in the creation of the city of Brighton. In reference to Criterion 3, the site is representative of a group of people from a specific time. The Donaldson and Blondell families who are early settlers in the Brighton area were a great example of the westward expansion happening all over the west at the time. And in reference to Criterion 5, James Blundell, a pioneer and a black hawk war veteran and Thomas Donaldson, a pioneer and Brighton founding father, are two examples of notable Brighton pioneers who were buried in the cemetery. On the screen you can see William and Mary Blundell, who are actually the children of James Blundell and Thomas Donaldson and were married in the late 1800s. Under Category C, geographic and environmental, the Pioneer Cemetery meets Criteria 1, 2, and 5. In reference to Criterian 1, Brighton's Agricultural History started in this area, which was originally settled as farmland along the river. The same agricultural identity still exists in Brighton and is strengthened by the history of those who first farmed the area, some of whom are buried within this cemetery. In reference to Criterion II, because the land has functioned as a cemetery since before Brighton's founding, this site should be kept and preserved as a cemetery since before Brighton's founding, this site should be kept in preserved as a historic cemetery. And in reference to Criterion 5, as this land has been used as a cemetery since 1863, the site is familiar to most who have lived in and around Brighton since that time. A mailing was sent to the property owner as required by code. This mailing was sent on October 17, 2022, and included a letter describing the proposed designation as well as the time and place for tonight's public hearing. Also included with the letter was a map of the subject area. A notice was published on the city's website on the same day. Two public hearing signs were posted on the subject property, one on the fence of the cemetery, and one along Bromley Lane within the access easement to the property. City staff has also published public hearing information on various forms of social media in the days leading up to this meeting. As of the beginning of this meeting, staff has received one formal comment from the public regarding this project. Staff has received one formal comment from the public regarding this project. As for stack recommendations, the appropriate staff has reviewed the project and is recommending approval. The Historic Preservation Commission heard the request on September 8, 2022, and recommended approval with a 40 vote with one abstaining. Staff finds that the proposal meets the review criteria laid out in section 10.03C2 of the Land Use and Development Code, and therefore recommends approval of the Pioneer Cemetery Historic Landmark Designation. Staff has prepared a draft ordinance that approves the proposed historic landmark designation. At this time, there are four options before you on the screen. Thank you all for your time and attention attention and I look forward to any questions. Before we go to questions of the council, is there any questions from the audience of the applicant? Questions from the audience? Is there anybody here on behalf or against the request? With that we'll go on to questions from the council. We'll start with council member Johnston. Thank you, Mayor. Appreciate the presentation. Thank you. Very interesting. The question I have is we've heard of differentiating, I guess just dates, but you just said that October 17th this was posted and it's been on social media. I've never seen it on social media. And our city clerk just said it was posted today. So this is a two-fold question, maybe even three-fold, is can we legally do this if it was just posted today? And is the where was it at on social media? And I guess that's it for now. I guess I'll just ask the city attorney. If it pleases you, Mayor, are we legal to do that if it was published today? Only today. I would have to look if that's the case. OK, and does anyone else know the answer to that maybe our city court or do you sorry? I do have an awesome thank you very much. I didn't know you did. Thanks. I didn't want to put you on the spot. Sorry. No, no, absolutely. So our code requires a 15 day posting notice. I did post to social media and sent out a mailing on October 17th and there's proof of that in the packet. And then if it pleases you, thank you. If it pleases you, Mayor Mayas, the city clerk, if the posting was done today, was that a correct date given? I apologize. I pulled the wrong date when I read the statement. That's why I was wondering. No, Brian. My apologies to everybody. Obviously it was not done today. Okay, that's what I thought. Okay, I just want to make sure we're pretty good. I was like, well, that is the wrong date. So sorry about that. I'm sorry. And thank you very much. Awesome. Well, then I will draw all for the questions. Thank you very much. And I'm totally in support of this. Okay. And then Mayor Pro Tem. Thank you, Mayor. And thanks to that summary, I did read some of this on the forgotten past of Adams County, and really interesting. My only question is, is this open to the public? It is not open to the public currently. Is there any plans for that? Because I just think with that cool history, it'd be kind of neat if people could see it and maybe learn some of that history too. Sure. Mayor if it pleases you I believe Travis Haynes Director of Parks and I could probably answer that question a little bit better than I can. Mr. Haynes getting called into the office here. Good evening everyone. No we currently don't have it open to the public being historic and we don't have staff over there. So we, you know, we maintain it and we mo and take care of it. But if that is something, you know, that you wish to do, we can always look into doing that. If people want to get in there, they can call and make an appointment at the cemetery office as well. We just don't have staff in that location. It's kind of off the beaten path, so we keep it closed up. Yeah, I mean, we have that cemetery walk over, which is really cool. Maybe just something like that where we have a scheduled thing where people can go walk through there and sort of hear some of this history, because I think it's super interesting. But yeah, thank you. There is a lot of history there so it would be good if people could get out there to see it. So is it locked up because of possible vandalism? Yeah and just like you saw some of the headstones are pretty historical looking and like so we don't have staff that goes over there on a daily basis. It's not irrigated or anything so we keep it locked up for those purposes. over there on a daily basis. It's not irrigated or anything. So we keep it locked up for those purposes. Okay. It'd be a nice find a way to make it more accessible, but I understand the need to secure it to you. Okay. Thank you. Council member Tadeo. Thank you, Mayor. I have a question. You mentioned that there was one comment that you received prior to tonight. Can you share that with us. That's correct. The city clerk actually has that comment, okay? City clerk. Oops. Okay, let's see here. I'll go ahead and just read that into the record. This was sent over. It looks like today. Good evening. My name is Jennifer Elisa, a six-year resident of South Third Avenue with my husband. Thank you for taking into consideration my thoughts regarding the historical designation of the Pioneer Cemetery. Thank you for taking into consideration my thoughts regarding the historical designation of the Pioneer Cemetery. I recently become aware of its presence here and I have been very excited to visit and pay respect to the graves of the people who lived the history of this land. We would be doing a disservice to our collective ancestors if we don't secure its position. And then they're encouraging us to please. Yes. All right. I love that. And I'm glad we got to hear from somebody, the residents. I had a thought. I know you mentioned that if somebody calls the cemetery, they can make an appointment. Would there possibly be a situation whereby maybe we could get a volunteer from the museum or somebody from the museum to have access to it so that I mean they could not only do something scheduled, some schedule event, but then also be able to get people in there. Because I agree with why it needs to be locked up. But it would be really nice for that opportunity for more people to be able to actually get in there and look closer. And I got to abstain in the preservation commission so I could vote tonight. That was the extension, okay. That was me, so I could vote tonight. Thank you. Did you have anything to add to that? I so I could vote tonight. Thank you. Did you have anything to add to that? No, I think that's a great idea. Of course, I would defer to the director of Parks and Rec for any formal comment on that. We'll get some something going on that soon. All right. If there's nothing else with a council, I will go ahead and close the public hearing and we'll go to council member Padilla. Thank you. Yes. I also think this is a fantastic idea and I do encourage us to look at ways to bring the public to these spaces that are owned by the city and are historic. But I will tell you how to do so. I just encourage you to consider what's possible. All of that said, I would move item 6A as presented. And then Mayor Prattam. We happy to second that. Thanks. We have a proper first and a second to approve 6A. If there's no other discussion, we'll call vote. Motion passes six to zero with two absent. Thank you. Moving ahead here. We'll go to item seven a. An ordinance of the city council. The city of Brighton, Colorado. Amending certain sections of chapter two of the Brighton municipal code related to the city council, the city of Brighton, Colorado, amending certain sections of chapter two of the Brighton Municipal Code related to the city attorney, the Brighton liquor licensing authority and city departments. In this, I will turn this over to city attorney, Alicia Calderon. Thank you Mayor, Mayor, I'm pretend members of council. This, I'm calling it a cleanup ordinance because it truly is intended to be simply a cleanup. The first change is removing the Brighton-Liccer Licensing Authority from the Board and Commission list in chapter two. It is now done by a hearing officer that was changed before my time, but I just wanted to clean up the code to have the code reflect what we are currently doing. There's two places where we are removing the liquor licensing authority from boards and commissions. The second change is removing the prosecuting attorney from the municipal court, which we didn't want to have that there. It's in the staff report, but the prosecuting attorney cannot be a part of the municipal court because that is a separation of powers issue. So we're removing it from the municipal court and putting it in with the legal department, which is currently what we're removing it from the municipal court and putting it in with the legal department, which is currently what we're doing. The last item that is part of the cleanup is taking the current departments of the city. So updating the list that's in our municipal code, putting it in the alphabetical order because I think over time as they were added, they were just being added in the order as they were being added, which makes it much more difficult to find updating some of their names, some of them over no longer named updating them to current names. So for example, you used to have infrastructure services as one of your departments. That's not a current department. So correcting those, adding the current list of departments, and then the last change is giving the city manager the authority to consolidate or merge or add new departments as needed based upon the efficiency for the city. No, the very last change is I made a tiny change when it refers to city manager I made it. He or she instead of just he. So that was my last final change. Those are the changes that I'm proposing with this ordinance. Great. Thank you for that summary. Anybody have any questions or want to make a motion? That's a member Padilla. Thank you. Just checking the number. I am in support of this clean abortance and therefore make a motion to approve item seven a as presented. And councilmember Polowski. Thank you mayor. I'd like to second that motion. We have a proper first and a second to prove item seven a. There's no other discussion. We'll call vote. Motion passes six to zero with two absent. All right. Thank you. And then next is item seven B, an ordinance of the City Council, the City of Brighton, Colorado, and Mending Chapter 28 of Article three, the Brighton Municipal Code to establish an exemption from the city sales tax and use tax for certain retail delivery fees and airing out bag fees enacting by the state of Colorado and setting forth other minor amendments. I'm here to present to you recommended changes to the tax and licensing code that are really meant to ensure consistency of the public and the public. Thank you mayor and I'll go to our revenue manager will be presenting this item. Good evening mayor mayor pro ten members of city council. I'm here to present to you recommended changes to the tax and licensing code that are really meant to ensure consistency and allow more flexibility so that we can better serve businesses and taxpayers. So our strategic focus areas are financially responsible and strong regional relationships and partnerships. First I am going to talk about the Colorado retail delivery fee as well as the carry out bag fee. These fees are both imposed by the state. The retail delivery fee went into effect in July of this year. It is 27 cents per transaction and the carry out back fee goes into effect next year in January and it is 10 cents per bag. The way our tax code is currently written, both of these fees would be taxable. So people would pay the fee plus tax. The state is not taxing these fees and the vast majority of home rule jurisdictions are moving forward with exemptions from sales tax for both of these fees. And that is what we are recommending tonight. The tax from these fees would really be minimal. At 27 cents, we would be talking one cent in sales tax and at 10 cents, we would be talking about less than half a penny in sales tax. So the impact in the amount of sales tax is minimal and we are recommending that of these fees be exempt from sales tax. We are also recommending some changes to sales tax reporting. You may have heard that we are moving to a new tax and licensing system. We are very, very excited about this. This system, one of the things this system is going to do is it will allow all taxpayers to file online. So currently, only those that pay the regular Brighton Sales Tax and File Online. That means people in the Prairie Center and lodging tax cannot be filed online currently. Those people have to remit paper checks. So with this system, everybody will be able to file electronically and all businesses will be able to apply for a license online versus having to download a PDF and fill it out and email it back. So we are very excited about this change that is set to go live at the end of January of 2023. We would like to encourage online filing and we do not want to impose any kind of additional fees in order to encourage online filing what we are proposing is elimination of the vendor fee credit for those that file paper. So what this is is currently all taxpayers who file on time are allowed to take a little bit of a credit off their tax in the amount of 0.33% up to a maximum of $25 per return. What we are proposing is that going forward only those that actually file and pay online be allowed to take this deduction. So if you file a paper return there's no additional fees, but you would no longer be eligible for this credit. Now this credit is mentioned in several places in the code. So to make sure we are consistent, we will bring back the ordinance and make sure that the changes made in all places so that the code reads consistently. The other change we are proposing is to remove references to specific filing frequencies. So our code currently says that everyone has to file either monthly, quarterly, or annual. There is no other option. And we do have some businesses that are really occasional filers. They may come here for one event and then be gone. And so we would like to remove the reference to a specific filing frequencies to allow staff really to evaluate each particular business's circumstances and determine what the appropriate filing frequencies should be for that business. frequency should be for that business. Other updates that we are recommending, we are recommending we increase the protest timeline from 20 days to 30 days. 30 days is fairly common what other jurisdictions do and simply what this means is for example say you file a claim for refund and we were to deny it this would mean that you would now have 30 days instead of 20 days to give us a written response and tell us that you do not agree or provide additional information so this gives taxpayers more time to evaluate any kind of decision made by the city and most jurisdictions that I've seen do 30 days. In addition to that, we are recommending that we allow full waiver of both penalty and interest for good caution. Our code currently does allow for full waiver of penalty, but it only allows for partial waiver of interest. And in order to allow us to evaluate each particular business as circumstance, we propose that the code allow for waiver of both of those. This doesn't happen fairly often. And penalty and interest is really dependent on two things, the amount of tax that you owe and how long you've been delinquent. The penalty is 10% of the tax, and then the interest accrues over time at 1% of the tax every month that you're late. And of course, if we ever do get somebody big that we are considering to weigh penalty and interest, of course we would involve city management staff and make sure we're making the appropriate decision there. But this would allow us to, well for good guys, shown be able to weigh both of those in full. And lastly, some other changes are some clarification around licensing. We would like to add language that clarifies that to get your license renewed, you have to meet all applicable provisions of the code in order for your license to be renewed. And also there is an existing exemption to licensing for certain contractors and really what we're doing here is rewarding it to make sure that it's clear and reads as intended. With that, the options tonight are approve the ordinance, rejected or request more information or alternative options. And that's it for my presentation. I would be happy to take any questions. Thank you for your presentation. How many questions are coming about this? Remember today. I have, it's a small question, but when you talked about giving yourself the opportunity to be able to determine a business's filing frequency, isn't that take a little, is that going to take more staff time to do that if it's not cut and dry? I don't, I don't believe so because most cases are actually pretty cut in dry. And you know, you know when a business, okay, you're coming in here only once to do this. Okay, you're occasion also. I don't anticipate that would add significant staff time. I don't think so, but I wanted to ask. I have another question. The fees, the 27 cents and the 10 cents. For those that don't know, where do those fees go? Who gets those? What happens to it? So those are imposed by the state. So we cannot opt out of that. And I believe the carry out back for you if I'm not mistaken, there's language about it part of it going to the city or the county and part of it going to the state. But it's not determined at this point or we just don't know. City manager Martinez can clarify that. I'll send more information on that. I don't have it in front of me right now, but there is a breakdown of what the imposition of those fees and the distribution is supposed to go. It's going to come up. That's what I'm asking. It's going to come up. Thank you. All right. And then next we'll get accounts from Irupadia. Yes, so I would simply like to thank you for this work. I have seen across several of our departments that were really making an effort in terms of technology systems and processes to make it easier for our residents and local businesses to do business with the city. And so I appreciate that effort in particular and the amount of detail going into this. So thank you very much for that work. So I appreciate that effort in particular and the amount of detail going into this. So thank you very much for that work. Okay. Okay. If there's no other questions from the council, it's up to you for consideration. That's a member of Padilla. Okay. All of that said I'm again supportive of this and would move item 7b as presented. Okay, and the councilmember today. I'd like to second that. First, in a second, approve 7b if there's no other discussion, roll call vote. Motion passes 6 to 0 with two absent. Thank you for your presentation. And clarifications. Moving down the line, we are going down to General Business Item 11A, schedule a special city council meeting on November 10, 2022 at 5.30 p.m. to approve the ballot content for the award one runoff election assuming there is one. City manager Martinez. Thank you mayor believe you said it all. Yeah. Councilmember Johnston. Thank you mayor. I'd like to make a motion to schedule a special City Council meeting on November 10th 2022 at 5.30 pm to approve the ballot content for the special ward one runoff election. And I'll go ahead and second that. And just to go ahead and second that. And just to clarify that is a Thursday. That's correct. Okay, so we're all, our clocks might be off, but so we're all in attendance. All right, there's a proper first and second. Roll call vote. Motion passes six to 0 with two absent. All right. Wicked enough. Next we'll go on to reports. I'll start with my report. I was part of the Highway 7 Coalition meeting. 10 days ago. I still move forward on design and ways to make improvements to Highway 7 and that's the entire length, not just the East side or West side. If anybody's driven on the West side of Highway 7, you'll see that there's already some improvements that are started that take it all away to about Sheridan Boulevard. We are working on the ways to move that eastward as well because both sides need attention. And then on my NADA meeting I had last week, the North Area Transit Alliance, there's a lot of presentation from CDI, a lot of it was I-25 Centric and showing the managed lanes that are being built from down here to the Metro all the way to Fort Collins and the timelines as far as when parts of it will be done. There are other parts that are unfunded that are not getting done yet, mostly in the middle around Mead and a lot of the middle section between Mead and about South of Loveland, Johnstown. So there's funding issues to making that whole, but there was a tour that some people were invited to. I was not on that, mostly because I wasn't invited. And they got a tour tour what the challenges are. A lot of the C.com missioners, especially the ones down south that don't know the north exists. Got to see what the challenges are. And hopefully we'll see some movement in the future as far as getting that going. I was also part of the CML mayor summit that happened about 10 days ago. And one of the sessions that stuck out was best practices for your city manager review process. And then the AC rep, the Adams County Regional Economic Partnership, we had a goal session, visiting session about a week ago there too, and trying to find better ways to promote Adams County in its region in a more efficient way. Many events I was at the last couple weeks, the Splendid Valley dinner, the Chamber After Hours, harvest fest that happened here on Main Street a little over a week ago. It's at the Fort Leopton meet and greet we had with the council of Fort Leopton last week. The ad cog dinner last week, Weld County annual meeting. They have a meeting annually with all the cities and towns that even touch Weld County like ours. And it was great to network with some of the neighbors over there. I was at the Dia del, I'm always but you're but you're in this name here. Dia del Los Maritos event celebration on Friday evening over at the armory. Councilmember, he has got a great tie and showing that celebration there. Showing that celebration there. And then earlier today we had the ribbon cutting to the new elevated two million gallon water tower that you see that one of the higher points of Brighton will probably one of the tallest structures in Brighton, probably taller than City Hall, right? Yeah. They try to get me to bungee jump off of that, but it just didn't work out. And then coming up this week, the youth are having their image summit starting tomorrow and many people that are elected in the area has been asked to be a part of that on Thursday during the lunch hour. So I'm going to go over there and participate for a couple hours. Anybody is hungry for chili? The almost home is having, well, at the Copper Elder having a chili cookoff and the proceeds benefit almost home. I'm sure Councilman Mafia might say more about that in his report. And I look forward to having my entry in that chili contest. And then don't forget that election day is next Tuesday. I know that there's some confusion as far as why isn't it today? Today is the first Tuesday in November. Well, in the constitution, it says that election day is the first Tuesday after the first Monday of November. So keep that in mind. Don't forget to vote if you haven't already. Just go turn it in. Don't worry to vote if you haven't already just go turn it in. Don't worry about voting later whenever just just get it in. There's a great drop box right outside here. Please vote until ten of your neighbors to do the same thing. I sit next we're going to report by the different department directors. None. None the seat. Oh, you're in a short meeting too. City Attorney. Nothing for me. Thank you. Okay. City manager. Thank you, Mayor. Have a few things. A wonderful Halloween costume contest at lunch. That's still weird. I do. Look at that face. I shaved. I'm dedicated to the cause of a team player. I look like I'm 13. I don't feel like it, but I do want to point out that if anybody ever needs some actors for a party, Mr. Falconberg dressed up as Willy Wonka, and I'm sure that you could probably rent him out. I think he still has his costume. Can we get a picture on the big screen with that? That would be great. We can find that for the end of the report. It's amazing. Yeah, we'll get in there. Almost home is having their annual food drive. This year they're trying to distribute 500 things, giving meals. We do have a basket outside here at City Hall. We're asking that you drop off your items by November 10th. The items that we're asking for this year, or that excuse me almost home, is asking for the this year boxed instant mashed potatoes box stuffing gravy packets canned cranberry sauce and canned yams so to the residents listening and to all of you and council if you can push this out to your constituents it's a wonderful cause and much needed. And again that's November 10th for the last day of that. And finally, just a reminder, that next week's study session will begin at 5.30 so that we can get through it and you can be home in time for election results. Thank you. Thank you, remember 5.30, not six guys. And then next we'll go to the report, expire council members. We'll go to the end over here and start with council member Padilla. Thank you very much. I did want to thank the City Manager for participating in Bring Your Child to Work Day. This afternoon, it does look a little bit younger. And he may be ignoring me. Also, while Mark Falconberg's costume was fantastic, I would mention that community development actually won the contest among all of the employees and did a fantastic job. I've seen a few videos of the skit performance. So great participation by the city employees for Halloween yesterday. I think that was a great event. Let's see. I also will be attending the Youth Image Summit Thursday and then next week the Airport Coordinating Committee will have its quarterly meeting. So the chilly cookoff being sponsored for almost home is actually sponsored by the Flutter by Foundation. So they're the ones who put it on. At the Copper Rail there is a cover charge associated with it, but that event is Saturday from 4 to 7. And there are all kinds of interesting things that are entered and qualified as Chile. Last year there was a clam chowder entry in the alternate Chile. It was, it was crazy. I don't know exactly how that qualified, but it's a lot of fun. It's for a fantastic cause. And we appreciate that support greatly. And also on the food drive, that is almost home in coordination with the Knights of Columbus and the food bank and the goal of hitting that was 500 meals is an increase from the 350 meals that were done last year. So an increased demonstration of need in the community and definitely an important thing to step up and help those as we enter the holiday season. I think that's everything I have tonight. Thank you. Thank you. You know, with all the reds and green chilies out there, I appreciate a clam chowder, the cleanse of pallet after all that. At least they could have thrown green chili into the clam chowder, which would probably have been a little bit more interesting. I want some member Polosky. Thank you. Well, I had a busy week last week. I had a E4 on Tuesday E4 70 foundation meeting, which I chair. And then that night, the Fort Lefter City Council meeting, which I thought was very interesting to see. I loved their Freddie server serving. I thought that was great too. And then the ad cov meeting dinner on Wednesday was very interesting too to see. A lot of the people that I haven't seen for a long time. I was a little bit more interested in the city. I was a little bit more interested in the city. I was a little bit more interested in the city. I was a little bit more interested in the city. I was a little bit more interested in the city. I was a little bit more interested in the city. I was a little bit more interested in the city. I was a little bit more interested in the city. I was a little bit more interested in the city. I was a little bit more interested in And then I look forward this week tomorrow night is Parks and Rec and I'll be attending and then Friday is a Chamber Awards dinner and then Saturday is the Brighton Cultural R3 Treat so Once again, I'll be busy again not bad for someone who said it the eight I think All right, thank you Councilmember Johnston. Thank you mayor All right, thank you. Council member Johnston. Thank you, Mayor. Councillor, but Councillor Padilla, you've had some good ideas and some bad ideas. And tonight by far is your worst idea ever, green chili and chowder. I am disgusted. But other than that, we have luck, but we sewer board coming up on Thursday. Then we have Brighton Lodging Tax the next week. So I'll be a little bit dizzy. Thanks. All right, Brighton, lodging tax the next week. So I'll be a little bit busy. All right, Mayor Patel. Thank you, Mayor. I don't think people from New England know what Chile is. So I actually was informed that there are some children watching the meeting tonight. And I was asked if city manager Martinez could remove his mask. Anyway, had a link meeting, had an interesting discussion about sort of integrating our co-responder program with some things happening at the link. So that was interesting discussion. Fort Lebden-Meyton-Grate was great to meet our neighbors in city council and sort of talk about some of the things we have in common with area issues. And then headed off to the NLC city summit in a couple weeks and looking forward to getting some into some training and sessions that can help bring some stuff back to Brighton that some of the other communities are facing and that's all I have. Thanks. Thank you. And Council Member Tadeo. Thank you. I will also be attending the Youth Image Summit this week and I was able to go downtown to Harvest Fest, which was a very good turnout. Great event. Again, I was able today to go to the ribbon cutting at the Water Tower. And I would like to make a public, I guess, that there are a head of schedule, way ahead of schedule on that Water Tower. So I say, yay! Six months ahead of time. And I have a comment for what you put in clam chowder. Definitely not green chili, but I don't think fish belongs in soup, period. That's my take on it, I'm sorry, but no fish soup for me. I would not survive. Thank you, that's it. It's clams claims not fish. That's the chair. Love it. All right. Next is item 13a. Mayor Prattam. Thank you, Mayor. I'd like to make like to make a motion that we go into executive session. For discussion on a personnel matter relating to the city manager performance evaluation, pursuant to CRS section 24-6-4024F and the city charter section 5.4C3. There's a proper first to go into executive session Councilmember Johnston. I'll wait for a second if it pleases you mayor. Councilmember Padilla. I'll second the motion is made. All right. And then councilmember Johnston wanted to say something before. Yeah, thank you mayor. I actually would like to discuss us continuing this because of the fact that we have two of our eight council members not present that I both value their opinions. And on some important matters, I always wish that we would tag into our code to make sure that council had to be here in full to do them. And there's nothing much more important than we do, and maybe the public isn't aware of our system the way it works with our city attorney and our city manager. Those are our two main employees. And we're missing, and they're the ones that we have hiring, firing power with. And I just want to make sure that we are able to have all the voices heard before we make any decisions or go through the performance evaluation. It's nothing about this city manager or city attorney's job performance which has been good. It's about having all voices heard before we make decisions about monetary choices with what we do with our employees. So I'd like to continue this until we have all members present. That's a valid concern. Mayor Pro Tem, did you want to add to that? I just had a question of our city attorney. If that's OK, Mayor. City Attorney? If, if, let's ask, it was OK to ask it. I just had a question if any action were to be taken to give direction to staff after this. Would it require a simple majority? So frequently when you come out of executive session you give direction but you're not actually taking any action. You're giving direction to bring back an item so you're not voting on it. Okay, thank you. Council Member Padilla. Thank you. Councillor Merepedia. I understand the concern brought up by Councillor Member Johnston. I would point out that I was not able to attend the meeting at which the city attorney's review was conducted, but my input was taken into consideration as we all provided written reviews in advance. So since this will be largely a review of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the process of the that we just passed as possible. Okay. With that, there are motions to be had. Uh, roll call vote. The motion is to go into executive session. Yes. the motion stands at five one and two absent city attorney Calderon will you clarify did we need six votes to go in or five. 5 So because we don't have six votes then the motion does not pass is that correct She's confirming I am confirming it, but yes Just one moment. It does require an affirmative vote of two thirds of the members of the city council. So that would be six. Correct. Okay. All right. With that, we are not going to executive session. That'll have to be pushed off to another day. If there's nothing else before the meeting before the body of the council we are adjourned.