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 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 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 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 be back. I'm going to be back. I'm going to be back. I'm going to be back. I'm going to be back. I'm going to be back. I'm going to be back. I'm going to be back. I'm going to be back. I'm going to be back. I'm going to be back. I'm going to be back. I'm going to be back. I'm going to go to the council meeting. I want to call to order our City Council meeting for this Tuesday, October 18th, 2022. And I will ask councilmember Blackhurst to lead us in the Pledge of Allegiance. I'm going to ask you to do the same thing. I'm going to ask you to do the same thing. I'm going to ask you to do the same thing. I'm going to ask you to do the same thing. I'm going to ask you to do the same thing. I'm going to ask you to do the same thing. Deputy City Clerk, will you please call roll? Mayor Mills? I'm going to go to the next floor. Deputy City Clerk will you please call roll. Mayor Mills. Mayor Proto-Mcushing. President. Council Member Blackhurst. President. Council Member Johnston. President. Council Member Padilla. Here. Council Member Pulaski. Here. Council Member Pollock. Here. Council Member Tadeo. President President you have a quorum your honor. Thank you. Next is the approval of the regular agenda. Anyone want to make a motion on that? Mayor pro tem. Maybe sir, I'll make a motion to approve the regular agenda. Just hit the request. There's a second. I'm not sure. Remember block first. I'd be happy to suck at that motion. Excuse the technology. We're just skinned at warmed up today. There's a proper first and a second to approve the agenda. If there's no other discussion, we'll call vote. Hopefully. Should we call for a verbal vote? Will that help or do you need a moment? Okay. Mayor Mills. Yes. Mayor Potem Cushing. Yes. Council member blackers. Yes. Council member Johnston. Yes. Council member blackers. Yes. Council member Johnston. Yes. Council member Pedia. Yes. Council member Pulaski. Yes. Council member Pollock. Yes. Council member Tadeo. Yes. Motion. Your Honor. Pass 8-0. I didn't hear it. I don't think your mic is on. I'm sorry. Pass 8 to 0. I didn't hear it. I don't think your mic is on motion pass your honor. Yes. Thank you. Next is the consent agenda. Deputy City clerk will you please read that into the record. Item number 3a approval of this September 2020-22 City Council minutes. Item number 3b resolution of the City Council of the City of Brighton, Colorado, accepting the proposal of Alpine Roofing, LTD for the Rec Center Roofing project, or the contract amount of $458,225 and authorizing the city manager or designate to execute the contract on behalf of the city. Item number 3c, a resolution of the city council of the city of Brighton, Colorado, accepting the proposal of Alan Plummer and Associates, Incorporated, or the Water Master Plan Project for the contract amount of $287,395 and authorizing the city manager or designate to execute the contract on behalf of the city. Excuse me, you're giving the wrong numbers. That was actually 3B. That was 3C. Then 3C is coming up, right? That was 3C. Oh, I didn't get A or anything. I didn't. Go ahead and continue. Item 3D. A resolution of the City Council of the City of Brighton, Colorado, appointing Jolene Cohen McCoy as an alternate member of the Planning Commission to fill an unexpired term to January 2024. Item 3E, a resolution of the City Council of the City of Brighton, Colorado, appointing Daniel Doherty as a member of the Brighton Urban Renewal Authority with the term to August 2027. And then 3F? And item 3F, a resolution of the City Council of the City of Brighton, Colorado authorizing the submittal of a Colorado Department of Local Affairs, Dolor Grant application, in the amount not to exceed $500, I'm sorry, $55,000, and authorizing the City Manager to execute the grant application and upon award to finalize and execute a reasonable grant agreement with Dola. Thank you. Let's pledge your council council member blockers. Thank you Mayor. I'd like to make a motion to prove the consent agenda as red. And then council member Padilla. I'll second that motion. There's a proper first and a second to approve the consent agenda as red. If there's no other discussion, we'll call vote. I think we need to do a verbal. Oh, here we go. Now they're up. Motion passes 8 to 0. Thank you. Motion passes 8 to 0. Thank you. Next we'll move on to ceremonies item 4A, swearing in of a new board or swearing in of new board and commission remember. Did he manage your Martinez? Thank you Mayor. Good evening Mayor Mayor Pro Tem and members of council. For this item I'll ask our deputy city clerk to read in the or to swear in the new members of count of their commissions goodness. Those that are getting sworn in please come up to the microphone so we can hear you. Come closer please. I'll have to do two because they're two separate boards. Okay. Is that my con, by the way? There we go. I do a lane. Follow me. I get there in the front. That I will support the fence of the United States. The Constitution of the State of Colorado. Office of Planning Commission, member. Faithfully performed the duties. Basically performed the duties. Of the office I'm the office. I'm the office. Here. Nice job. Nice job. Thank you. Can you do right hand please? I state your name. I, Daniel D'Ardi. Do solemnly declare an affirm. Do solemnly swear an affirm. That I will support the Constitution of the United States. That will support the Constitution of the United States. The Constitution of the state of Colorado. The Constitution of the state of Colorado. The Constitution of the state of Colorado. And the Office of Brighton Urban Renewal Authority. And the Office of Brighton Urban Authority. And we'll faithfully perform the duties. We'll faithfully perform the duties. Of the office I'm about to. Of the office I'm about to. Thank you, congratulations. the news of the office. I'm the office. I would go toward that. Thank you. Congratulations. Would either of you want to say a few words? And I'll just put another plug like we do usually the there are plenty of boards and commissions that are open and available to serve in so please consider serving in your community like all of us are here at the DAISO. Thank you thank you for serving. Next on the agenda is Colorado Applies Month Proclamation. Let me pull that up here. I'll go ahead and read that. Whereas nearly 75% of Colorado jobs require a post-secondary credential. And whereas, despite being one of the most educated states in the country, Colorado sends just 50.5% of high school student or graduates to a college university or certificate program. Whereas we should remind Colorado students that higher education is within their reach and is a positive step towards their career and life goals. Whereas we should encourage all high school seniors in Brighton to submit at least one application to a higher education institution and apply a free application for federal student aid. And whereas Colorado Applies Month provides resources that help educators inspire a school-wide, college and trade school going culture that celebrates the opportunity of post-secondary education and Whereas Colorado applies month equips students with web resources that enable them to apply to college Early through my Colorado journey and whereas on Colorado free application days October 18 through October 20 20th of 2022, applicants who submit their admission application to Colorado colleges and universities during this three day period can do so for free. Now therefore, it resolved that I, Gregory Mills, Mayor of the City of Brighton on behalf of the Brighton City Council. Pro claims October 2022 as Colorado plies month and encourages all students to complete the FAFSA and CASFA and submit at least one application, dated this 18th day of October 2022. City manager Martinez, do we have someone to receive this? We do. Our manager of youth services, Tony Russell, will be receiving this tonight. And I just want to put in a plug for Tony and her group who do a wonderful job at putting together a lot of the fast for nights for our residents and encouraging all residents who have children of high school age will be going to college to apply. So thank you for your work Tonya. Go. Right. Good evening. Thank you so much for your time tonight and thank you for proclaiming October as Colorado applies month. A few statistics from the free application days of 2021 statewide. Statewide, the state of Colorado saw 62,679 college applications during the free application days and that's a 10% increase over 2020. So the free application days are doing what they need to do in increasing college application, college and post-secondary education applications. A little bit about what our office is doing in order to help brighten with this process is our growing grads program does free fast-fed nights out in the community where families can bring all their documents and get help applying for the fast-fed the CASFA. In addition to that, they can also apply for college applications and scholarships in our offices here to help with all of that. So so far since we started the process just a month ago, we've seen approximately 180 individuals through the kickoff and through a couple of fast-for-night. So, if you know anybody of the age to be applying for the fast-for, which is a senior in high school, our next date is gonna be November 9th, and that one is virtual. So, anybody in the community can attend and get help with the college application scholarship applications or the fastva Thank you so much for your time Thank you, Tonya and one thing I forgot to do is have us a vote so Let's go to council member blackhurst. I think he wants to make a motion. I certainly do I'm really happy to make a motion to approve Which is a 40 thank you. Councilmember Plowsky. I'd like to second that motion and say that my husband was a Councillor Brighton High School for 30 years and very much involved in this and this is one of the things that he highly praised for students and encouraged students for secondary or if not education job skills and whatever. So anyway thank you very much. I second. There's a proper first and a second if there's no other discussion. Rocavo. Motion passes 8 to 0. Well I'll just say this I really like how it also said in the proclamation. It's not only colleges, but also trade schools as well because we are falling very short on the other skills that are taught in the trades, your HVAC, your plumbers, your electricians. We really need people to not only take an interest in doing that, but go to those kind of trainings. A lot of times you can be paid on the job, forced a lot of those trainings without having to apply for scholarships or anything like that. And you're working, you're getting paid, and you're getting trained, and you're getting ready for a career that can be very lucrative and you'll be very busy too. But the rewards will really come out. So very much encourage people to do that. Anybody else? Okay. agenda is item 4c planning or community planning month proclamation. And I got that here too. And I'll remember to take us to vote in a moment. Community planning month proclamation. Whereas changes consistent and affects all cities, town, suburbs, counties, burrows, townships, rural areas, and other places. And whereas community planning and plans can help manage this change in a way that provides better choices for how people work, live and play. Whereas community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community. And whereas the full benefits of planning requires public officials and citizens who understand support and demand excellence in planning and plan implementation. And whereas the month of October is designated as national community planning month throughout the United States and its territories and whereas the American planning association and its professional institute and the American institute of Certified Planners endorsed the National Community Planning Month as an opportunity to highlight how planning is essential to recovery and how planners can lead communities to equitable, resilient, and long-lasting recovery. And whereas the celebration of National Planning Community Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and experience to the improvement of the City of Brighton. And whereas we recognize the many valuable contributions made by professional community and regional planners of the state of Colorado, Adams and Wilk counties and the City of Brighton and extender thanks for the continued commitment to public service by these professionals. Now therefore, we have resolved that I, Gregory Mills, Mayor of the City of Brighton on behalf of the City Council, hereby, designate the month of October 2022 as community planning month in the City of Brighton and conjunction with the celebration of national planning or national community planning month adopted this 18th day of October 2022. What is the pleasure of council? Councilmember Padilla Thank you. I would like to move the community planning month proclamation as red Thank you mayor pro tem all second as long as Holly comes up and says a few words I'll second as long as Holly comes up and says a few words. Being called out. All right. There's a proper first and a second and if there's no other comments, roll call vote. Motion passes seven to one. Any manager Martinez? One. Any manager Martinez? We have a our director of community development come up here. Our director of community development is coming up here, but I know that the assistant director, Mr. Mike Tilka has also prepared a few words to present to you as well. Good evening, your honorable mayor, Mayor Proton, ladies and gentlemen, the council council my few words are Assistant Director Mike Tilka is here to accept this proclamation and say a few words. Thank you. I'm sorry. I'm sorry. Who wants to hold it? Mike. Oh, you've been directed. Go ahead. Good evening, Council. Mr. Mayor, Mayor Perten. Members of the public, thank you again, City Council for approving the proclamation. I believe it was unanimous. All right, excellent. Your planning staff that I'm pleased to supervise and represent here tonight really thanks you for this and for your constant participation in land use matters and for your diligence and all matters related to planning. I'd say the most used phrase in the division in summary is we're trying to build a city, a community here. And there's usually a lot around that. But it's always part of a greater statement about a requirement, say, perhaps about open-space dedication to first parts about sidewalks, trails, building complete roadways, etc. The point I'm trying to get at is we know that we're tasked with important work. And that work is helping guide what our community becomes. And we know that we can ask for and require these items because we're acting on your behalf to build a community that I hope we all consider a lovable place. We all know that we want Brighton to be somewhere that our residents and those people that come in here for whatever reason consider lovable. Additionally, your continued support council is really showing as we now have a staff that's going professionally here. Every planner that's been here over a few months has already been promoted or in their second or greater level of position because we have a team and a support from you that's encouraging staff to grow here to build their careers in Brighton. And that hasn't always been the case. And I'm so appreciative of your support for that and for the team, the city management team that you've put in the place that allows that to happen at this city at this time. And so thank you again for city manager Martinez. And then we're also lucky to have deputy city manager Falconberg and director Prater as part of the leadership team over planning because with the two of them and myself we have three certified planners on staff. And the good news is Mr. Demario is spending his hours outside of here studying for that test as well. So we hope to have him certified as well soon here. I'm so excited for what the future holds for the staff and for this community with the support of this group. Another vital part of our community's planning efforts is our planning commission which is comprised of Chair Maslannick, Vice Chair Leck, and commissioners Wolf Pashaki and Le'Don here tonight. And I really look forward to working with alternative commissioner Cohen McCoy appointed here tonight as she's already attended a number of our meetings. I can't speak highly enough about this group of servant volunteers for Brighton. They ask amazing questions and really, really support our efforts here as building that community that we all want to see. We all know this planning commission, City Council staff that we can't please everyone. But we act through your adopted codes and plans that consider the big picture, involve the community, and look ahead to building that community that has a shared vision that you've put in the place. Planning provides that vision for the community of today, tomorrow, and in the future. Thank you all again for your support and appreciation of your volunteer and professional planning team. Thank you all again for your support and appreciation of your volunteer and professional planning team. Thank you all again. Thank you Mr. Tilka. The next item on the agenda is public invited to be heard on matters that are not on the agenda. Deputy City Clerk, will you confirm if anybody's signed up or not? We have received none, Your Honor. All right, so we will move on from there. Next on the agenda is item 7a. An ordinance of the City Council of the City of Brighton, Colorado, approving a franchise agreement with all of communications LLC, granting to all of communications LLC a non-exclusive right to sell furnish and distribute cable services within the city of Brighton, authorizing the mayor to execute the franchise agreement for and on behalf of the city and setting forth details related to their to city manager Martinez. So turn this over to you. Thank you Mayor. It's a very exciting agreement tonight that you'll be voting on. This is something that's taken a lot of legwork to get here, but hopefully it helps to spur additional competition and provides an additional resource for residents in this community. With that, I'm going to turn it over to our deputy city manager who will be presenting this item along with our deputy city attorney. Thank you Mr. City Manager. Greetings it's good to see you council we're excited to present the item it's actually a tag team event Bob here from Aloe, Gasmina from the city attorney's office and we'll quickly go through this I know you saw it at study session most of you but for the audience and those at home, we'd like to give you a short run through the full presentation. And I will remind you, the public hearing on this is not tonight. Public hearing is actually gonna be November 15th after three weeks of publication in the blade. And all of us will remain up here after the presentation for any questions you might have. We actually believe that this meets four of your major strategic focus areas in your strategic plan. And I'll go over those briefly. In the supportive, financial, engaged, and regional infrastructure, a reliable high speed fiber network is a vital component of regional technology infrastructure. Not only that, in the strategic focus area of strong local employment opportunities, we see this quote, Brighton is a prosperous community that attracts innovative businesses. Bob and Aloe are already in the town doing prep work and we'll bring approximately 30 employees in a storefront to Brighton. In the area of innovation, data driven results and focus city government, achieving results as a smart city requires innovation in technology. We've seen innovation in a lot of other areas, but innovation in technology is the next cutting edge thing that we need to participate in in a greater way. In the area of strong regional relationships and partnerships, Brighton strives to develop strong relationships with our public and private partners. strong relationships with our public and private partners. So we're presenting for you tonight, consideration of a franchise agreement for a new high speed fiber network serving the entire city. I say entire and emphasize that because many high speed networks do not serve their entire community and we believe that is a major component for all of our residents and important to each of you. It expedites the build out of the fiber network. It increases competition. It increases customer service for residents and businesses. Costs actually come down with the competition and all neighborhoods we served as I mentioned. The background on this is pretty simple. We had council direction to involve staff from all departments listed on this slide who have collaborated to achieve this council goal. And I just like to thank those folks that brought this. It actually came to us through Economic Development Corporation and our IT department and then it spread to all the other departments that needed to get the work done. As me and I did the heavy lifting on the legal side and the franchise agreement. So I'd like to thank her particularly. At this point, I'm going to turn it over to her. Yes, me and we'll go over the key provisions of the franchise agreement. And then after that, Bob will give you an intro to what they're bringing to town. Thank you, Marv Good evening members of Council Mayor Mills. Some highlights of the franchise agreement. It is for a 10 year term so if passed on first reading and then at second reading on November 15th, it will run through 2032. The city will receive 5% of franchise fee of 5% of gross revenues. The city will also collect peg fees to support the city's peg operations, as well as receive 50 hours of video on demand programming for its PIG access programming. Further, ALO is required to comply with federal, state, and local laws, as well as all equal employment and non-discrimination provisions. And ALO is required to establish rates without discriminatory intent, so without regard to race, color, ethnic, or national origin, religion, age, sex, sexual orientation, marital, military, or economic, physical, mental, disability, or geographic location within the city. Excuse me, that was a mouthful. So the approval process, how that works for this. Because it's a franchise agreement, just a little bit different than the ordinances you've seen before. State statutes require that we publish notice of public caring for three consecutive weeks, which is why if voted on, probably at the council this evening, we will bring it back on November 15th for your consideration. And the criteria by which the council must consider this item. The council must consider that the Cable operator does not have the financial, excuse me. The criteria by which you must deny this is if the Cable operator does not have the financial technical or legal qualifications to comply with the terms of a franchise that meet the future cable needs of the community, taking into account the cost of meeting those needs, or if the cable operator will not provide adequate public, educational, or governmental access channel capacity facilities financial support. Further, the cable operators' terms do not comply with applicable state, federal, local, laws, and regulations. And finally, if the cable operator has a record of violation of its obligations under its existing franchise within the city, I will just remind the council that this is a new franchise. Allo is coming into the city with a fresh start and we're excited about it. Options for council approve the ordinance is written, make modifications to the ordinance before second reading, or deny approval of the ordinance. And I will now turn it over to Bob with Allo. and I will now turn it over to Bob with Allo. Mayor, Mayor Pro Tem, Council Members, City Staff. My name is Bob, buyer's dwarf, and I am the Colorado General Manager for Allo Communications. We're excited to be here. I have the opportunity to meet a number of you and present to many of you a presentation on who allo is and how we go about building out new communities at the work study set. I'm sorry at the work session previously. But I did want to address a number of those slides again as we have additional people at the meeting and from the public as well as potentially watching and these are important topics for them. I did have a quick question for you as Mina the master license agreement and the supplemental site license agreement that we need to touch on those. Thank you Bob for bringing that up. Yes as part of this ordinance approval you will also be approving the master license agreement and the supplemental site license agreement and the Supplemental Site License Agreement to the Franchise Agreement. All of those agreements are included in your packet and have been reviewed by the City Attorney's Office, the City's Outside Council, and have already been signed by ALO. And for your benefit, the Master License Agreement allows ALO to gain access to your rights of way. And the Supplemental Site License allows Ao to place equipment within the rights of way so that the network can Do its thing for everybody in town So who is allo was founded in 2003 almost 20 years ago We do fiber to the premises And that means that there is no copper underlying infrastructure, no coaxial cable, anything like that that would prohibit the speed and reliability that you should all expect from a fiber broadband network. We have two large capital providers. One is, I should say this is what we're how we're capitalized, NellNet owns roughly 45% of our firm and SDC capital partners is a private equity firm that holds 48% of our firm. We will pass, we have passed roughly 1 million, over a million population already within the 30 plus communities that we have already built in three states and I'll touch on those in the coming slides here So who is alo our core values are represented right here. I'll be very brief on these Honesty is very important. We publish all of our pricing on the on our website for the community a separate website for your community and so that all pricing is front and center. There's no dickering on price, residents, businesses, local organizations, etc. All know what that pricing is going to look like. Being exceptional. This is a fiber platform. This is incredibly fast, incredibly reliable, and service after for each subscriber, after coming on board is some of the very best in the entire broadband industry Being local Marv mentioned that we would be bringing a local storefront. I'm here to town We have gotten some wonderful assistance from the city in relation to Storefront properties right here on on Main Street And we've got two that are very strong candidates, one that we're moving forward and very anxious to move with. We will hire locally as well, more mentioned the number of jobs. Very excited to bring people in to the from the city and that we can leverage who know the community and who can help us to be more local and do a better job on behalf of the residents and every subscriber. Being Houseful Free is one of the other components to how we go about doing things to the very best of our ability, but we do not have insulation fees. You do not rent equipment from allo. And as a result of that, you can count on a strong experience from us and making sure that, again, that subscribers are getting their needs met and that you have a truly very competitive environment. Who else is allo? We're over 1,200 people now. We've got over 125,000 customers. We have our largest community is roughly 290,000 population. Our smallest is roughly 1,500. You can see the awards over here. Fastest comes up in many occasions with those awards. These are updated slides from the work session, so I thought I would go ahead and bring these. But this shows PC Magazine on an annual basis ranks Internet Service providers or ISPs, as you see here. And I've updated with the 2022 statistics on a national level. All you can see is listed fifth fastest in the country. And in the North Central U.S. ALA has now moved in 2022 to the second position. These are the three regions that you can see here in Nebraska where our roots are. We continue to develop and grow communities there. We are branching into both Colorado and Arizona. Very anxious to bring, put Brighton on that middle region that you're seeing right there. And I think we're going to be close to doing that here tonight. So what are the residential solutions for everybody who's watching? So Ella provides really fast internet speeds as high as 2.3, 2.5 gig service to your residents, businesses. well, I'll hit that on the next slide, but we also provide TV services as well, the channels that you're used to seeing, and then also fiber phone as well for those that want a, they're still interested in the landline, not too many of you out there, but there are still some. Business solutions, we can offer speeds up to 100 gig. And that's really fast stuff. There are a lot of businesses that need that, but it's there if you need it. And then hosted PBX for your phones within your business as well. It's one of our offerings. Most of our businesses take us up on that, especially the larger ones. And then also business TV for those that have interest. The Affordable Connectivity Program is an important program for us. There are residents who do not have the means to pay for broadband services. As a result of that, Marb brought up that we're going to be serving the whole community. As a result of that, there are people that we need to make sure we have plans for and that can gain that connectivity. The Affordable Connectivity Program provides that. Congress created this. It's roughly $14.2 billion. And ALO is providing 100 megabits per second, download speed, and 100 megabits per second, upload speed as part of that. So these will be well served residents, and essentially they'll be getting that service free, as long as they can qualify for the ACP program. So those would include things like if you're eligible for food stamps, reduced or free lunches for your children at school, things like that. Alloccurrently has 2,400 ACP customers, and we'll be bringing more on as those needs arise here in in Brighton if we have the opportunity So again, why alo and real briefly this is my last slide The local presence very very important to us and very important to all the communities that we serve We mentioned the storefront Local service and the employee base as well. So hiring here locally and then providing those services here locally, very, very important to us. In economic being a good and responsible economic partner is just as important. So again, our investment in physical assets. Allo is bringing the funding for this network. There will be no expense for the city as it relates to this network coming on board, coming into your community. So that level of investment, very, very important to us and that's a key, we think that that is a key part or a component to the partnership that we have, not only with Brighton, but to all of our communities. This partnership eliminates that digital divide for everybody in your community, and that's really important, especially after the last handful of years. Additionally, be a good economic partner means empowering and assisting in economic development. Your team has done a fantastic job in helping us as an example to find things, and these aren't simple things, but finding real estate that's going to work for your community and work on behalf of Allo as well. In sharing your community is ready for the future. This solution and what Allo brings will ensure that it'll provide opportunities for you to solicit businesses where it makes sense to come to Brighton and this level of infrastructure will assist in making this community that much more valuable in attracting additional outside businesses to the community. So with that, I want to, here's my contact information, but definitely want to take questions because I know we have a couple folks who weren't here for the work session. Thank you, Bob. Questions from the council? Mayor Patem. Thank you. I just wanted to mention that it's a pretty regular basis. I think that we all hear like, you know, what's the best internet in town? And people feel like there aren't a lot of choices. So it's just really great that we're able to bring in another option. And you know, in Brighton lot of choices, so it's just really great that we're able to bring in another option. And, you know, in Brighton, the business thing is kind of a big deal. There's areas that aren't served by some of the bigger companies that are in town, so just really appreciate you coming. And the presentation you gave at our last study session and decided to see some more options. Thanks. Thank you, Councilmember Tadeo. I'd like to say hello to that. I love competition. I'm one of the lucky people that already have fiber. So when I was able to upgrade to fiber, it was amazing. And so I'm going to love the competition. I do have one question that what is business TV? Um, really not that different from your residential TV. But if a business, in certain cases, businesses will want to have TV in their back office, or maybe for customers, think about more hospitality related businesses that may have many TVs up throughout their retail organization. Welcome. Thank you. Bowling alleys are another good example. Council Member Padilla. Thank you. I just wanted to confirm that you had said fiber full last mile, so no copper in the delivery for this at all. That's correct. Fiber to the premises. Absolutely. That is new and has often been the challenge for those who have to over build. Yes. And so a greater advantage for those of you who are building fresh in the community. I think that creates a tremendous opportunity for us to be able to see that kind of speed. So I appreciate it. I welcome competition. I think that our cable and internet providers and telephone providers definitely benefit or we benefit for for they're having competition so I welcome I think this is exciting. I don't see a motion a button to make motion so I'm ready to do so if we're prepared. Go ahead. Okay. I would move the approval of this ordinance as red to allow this franchise. We have a proper first and then mayor put them. I'd like to second that motion. So we have a proper first and a second to approve item seven a if there's no other discussion. We'll call vote. Motion passes eight to zero. I appreciate you bringing more competition to our community and I'm glad you're going to serve all parts of Brian, because there are certain parts that feel a little disconnected, like up into Wellcanny or down by, you know, down by a pair of you high. So that's great news. Thank you. Thank you all. And we greatly appreciate the opportunity to come into your community. We will be very good stewards of your community. And we will very much appreciate having the opportunities to be and that be part of your community as a local organization. So thank you for your time this evening. Thank you. Next item on the agenda is item 9a, a resolution of the City Council of the City of Brighton, Colorado, a proven amendment to the Brighton Charter High School subdivision development agreement for the approximately 13.429 acres of continuous land generally located at the northwest corner of the intersection of Telluride and southern street more specifically located in the northwest quarter of section nine Township 1 South, ranked 66 west of the 6th of section 9, Township 1 South, Marine 66 west of the 6th principal Meridian, City of Brighton, County of Adams, State of Colorado. And I'd like to thank you all for putting the intersections on this and not just the legal jargon. City Manager Martinez. Thank you, Mayor. At this time, I will ask Nick tomorrow to come up to present this item. All right, good evening mayor. Mayor Pro Tem, members of Council and members of the public. My name is Nick Demario. I'm a senior planner here with the City of Brighton. And tonight I'll be presenting on the Brighton Charter High School subdivision development agreement amendment. Before moving forward, I would like to mention that this proposal can be thought of to be viewed under the city's strategic focus area of recognizable and well planned community. As shown before you on the screen, the property is generally located at the northwest corner of the intersection of Telluride Street and Southern Street. Moving into some background, the subject property is approximately 13.429 acres in size, and it is currently owned public land. And it has also designated as public land and the future land use map of the city of Brighton Comprehensive Plan. As mentioned, we are here to discuss a development agreement that covers the land in the prior slide, and the proposed amendment that the applicant and staff have brought before you tonight. The development agreement was passed via resolution 07-51 on June 5th, 2007. The amendment is being proposed to amend two areas of exhibit G, otherwise known as the special provisions of the development agreement. Number three, A of Exhibit G reads of the development currently requires that the developer provide permanent easements on the final plat for both the Western and Eastern most drainage ponds. Number three, C of Exhibit G furthermore requires that the developer and or owner of the property shall have no responsibility to construct the Eastern most attention pond. And the developer shall have no responsibility to construct the eastern most attention pond. And the developer shall allow access to the eastern most attention pond and that the city is responsible for the construction and maintenance of the eastern most attention pond. In summary, the portion of land considered the eastern most attention pond was included in an easement in such a way that a pond would be able to be constructed if they're indeed, if indeed it was ever needed. Before moving on to more information, I would like to mention that the owners have expressed interest in developing a portion of the encumbered land as an athletic field. With the requirements of the development agreement that I just mentioned, the existence of an easement prohibits them from constructing the athletic field. Hence, the request of this development agreement and amendment exists. Here we have an image of the existing final plot. As you can see, the southern and western portions of the site are encumbered by public drainage and utility easement that was required by number 3a of Exhibition and the development agreement. The area circled in red is the area of interest where the owner would like to place the athletic field. Here I've added an aerial view of the property. In blue we can see the southern and western portion of the site that is encumbered by the public drainage and utility easement. In green, we can see the westernmost detention pond. This pond is currently existing and is functioning as a pond. In red, we can see the area deemed the easternmost detention pond. This pond is not currently existing and it is not functioning as a pond. It was required at the time of the final platt and the development agreement so that it could be used as a pond if the need for a pond ever presented itself. Moving on to the proposed development agreement. If passed, the development agreement amendment would amend number three a of exhibit G to require that the developer maintain the need for the permanent easement for the Western most attention pond as mentioned the pond that currently is currently existing and necessary access to it and it will require the developer to modify by separate document. The easement portion for the eastern most attention pond in such a way to protect the future proposed public storm drainage pipes. in such a way to protect the future proposed public storm drainage pipes. In amending 3C of exhibit G, the amendment will call attention to the engineering analysis that demonstrated that the easternmost attention pond is no longer needed, and that the developer and or owner will be responsible for the design, construction, and all costs associated with the new storm drainage pipes that would come with the athletic field that constructed. For the purposes of this presentation, easement modification means the separate document for the project applicants will use to modify the easement and such a way to protect any new public storm drainage pipes. Looking to the aerial and green, we can see the area known as the western most attention point and as well as the proposed modified easement According to the proposed development agreement amendment mentioned in the prior slide number three a of exhibit G requires at the eastern easement be maintained in order to protect the existing pond as well as Exit excuse me protect the future storm drainage pipes at what pipes that would accompany the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new and the new Thank you mayor, mayor, pro-tem, members of council and members of the public for allowing me to present tonight. I'm free to field any questions you may have. Thank you for your presentation. Do we have any questions from council? That's a mirror and pedia. Thank you for making the presentation. Just clarifying to be sure we don't see the need for that pond. We see that adequate drainage is managed for as much parking lot, because I know they extended the parking lot some last year, but we believe that those needs are being fully met by the West pond. That is correct. As part of the, so there's several different kind of of submittals that have gone into this. First and foremost, the need for the development agreement amendment to release the requirement for that easement. Then we would need to modify that easement so that they can construct the field of, of course, passed by council and then the site plan, which is an administrative process. The applicant and the owners were required to submit drainage studies that showed that there's no longer a need for the area deemed the eastern most attention pond. So that was conducted via DRC review with staff. Excellent. Okay. And I definitely think that that's a good thing for that school to have outdoor space for the kids to be more engaged and have some activity that is not just in the parking lot. So I appreciate that. If others don't have questions, Mayor, I'm happy to make a motion on this. Proceed. Okay. I would move the resolution as red. Item 9A. Yes, I'm running. I think Council Member Blackhurst. I'd be happy to second that motion. We were probably first and second to approve 9A. If there's no other discussion roll call vote Motion passes 8 to 0 Thank you Got excited I can see him now They've been wanting out our space for a while for the athletics over at eager egor. So this is exciting for him. No more away games, right? All right Next item on the agenda is item 9b a resolution the city council of city bright and Colorado Accepted the proposal of America to American West construction LLC for the Icomin property phase one LLC for the Icomin Property Phase I project for the contract amount of $1,696,107 in authorizing the city manager or does it need to execute the contract on behalf of the city? City manager Martinez. Thank you mayor. At this time I'll ask Mark Height who is standing at the podium. City Manager Martinez. Thank you Mayor at this time. I'll ask Mark Height who is standing at the podium to present this item. Good evening Mayor and City Council. It's a pleasure to bring this to you. This is for the Ikeman property phase one project and And it falls under the strategic focus area, focus amenities, facilities, amenities, and open space. And what staff is seeking approval for is the construction bid from American West Construction LLC for the construction of phase one of the Icomun Property Project within Kin Mitchell Open Space. This is an overview of the site. It shows the Brighton Road. Old Brighton Road, it shows in red, the Colorado Front Range Trail, and it shows in the green with yellow bordering the Icomun Property the Colorado Front Range Trail and it shows in the green with yellow bordering the Ikeman property within Kid and Mitchell open space. Now this addresses several areas that I think are important to the city and that is first of all sustainability. We are using the recycled asphalt from the bridge street as well as other public works property projects for the underlayment for the trailhead or parking lot at the site. It is also designed to have rain gardens to address stormwater needs. It's a connectivity as you can see with the red and yellow dotted line. That's a connectivity from the Eichelman property over to the Colorado Front Range Trail that we desperately need. And it's, this is designed to be nature related through the whole project. The other item that I do wanna mention is, and I'll show you on another slide, the Future Dog Park site for the city's west side is part of this presentation noting that it is a preferred future site. This shows both phase one and phase two in this map. This is phase one. Phase one, some of the key points are that you have an entry drive that is the main entrance to Kips, sorry about that. Which is the main entrance from Old Brighton Road into the parking or trailhead area. And it, I need to point out out I mentioned about the dog park that preferred location is right down in this general area right here and again it's a preferred area the trailhead parking lot is large enough to accommodate trail users, open space users, and the dog park users. Parking is not close to, nor is the dog park close to any houses. And there is no renovation renovation of the house on the site in this project. Neither phase one nor phase two. No renovation will be part of this. The city of Brighton upon the site being mined out received I command property as open space in public leisure use purposes. The through public meetings and the city council approval. It was determined to have a trailhead or parking lot area, a connector trail, and some of the other things that we've addressed in phase one and phase two. The construction drawings and specifications were completed in 2022 this year and approved by the planning and placed out to bid through procurement. Again, let me note that this is only phase one of a two phase project. Over the last three years, costs and supply chain issues have increased as everyone knows. Plus, there were increases due to the pandemic and this is required us to request additional funds and for this reason the project was split into two phases. The city of Wright and received a funding match approval from Adams County's open space passive grant to assist with phase one only construction in the amount of $818,400. With this slide, this is from our procurement. It shows the procurement method that we took. There were formal solicitations, advertised via BIDNet, and the result was that we received four responses. And those responses were from 1,696,107 dollars to a high of 2,114,392 and 4 cents. the staff recommendation is to accept bid number two, which was submitted by American West Construction LLC as this has been deemed the lowest and most responsive and responsible of those received. The I command project has sufficient funding in the 2022 Parks and Recreation Capital Budget as well as additional funding will be approved in the 2023 Parks and Recreation Capital Budget. The total amount of the Phase I project is $1,696,107. The City of Brighton already has the approved as previously mentioned $818,400, which by the way is 48% of this project that we will be getting free from the Adams County passive grant. And we will receive those monies upon completion of the phase one construction. American West construction LLC has been deemed the lowest most responsive and responsible bid received in the amount of $1,696,107. The options are before you on the screen as to what the City Council can do and I'm here to answer any questions if you'd like. Thank you, Mark. We've got questions from the Council. May I put them? Thank you. Thanks for the presentation got questions from the council. May I put them? Thank you. Thanks for the presentation. I have a couple of questions. I'm trying to figure out phase one versus phase two. So looking at these slides, phase two is up on the screen right now. Right. So that adds all the sidewalks around the future visitor center and the lawn and the... It also adds the doubles the parking and it also adds a permanent restroom and a facility for our maintenance crew up in the upper left side and some shelters and as you mentioned the extra trails around the site. So then there's looks like it says future. So the visitor center is not part of phase two. That would be like phase three. That would be whenever the city council decides that we should move forward with that. So do we have an estimation on how much phase two is going to cost? I don't have that with me right now, but it would be similar to this or a little larger, depending when it's done. And again, we know that what we have in the budget now and what we're hoping to be approved in 2023 plus the grant will cover phase one. And do we have a guesstimation on how much it will cost to turn the Akelvin House into a visitor center? I would not have a guest at that at this point. That again is a future project and would be brought up at that time. Understood. I'm just trying to get an idea of what this whole thing is going to end up being. One more question. My understanding is that Prairie Center is going to have a trail that connects to the Colorado Trail. Where would that intersect? Prairie Center being out by the commercial on I-76, that area. Yeah, I might understand with the residential. Correct. There is a residential trail that will continue through Farmalore development that's going before you and it will continue to the west towards this site. So it connected this site not through 10 Mitchell? It is. This is can Mitchell. Well, it's can Mitchell open space, but I command property is the property where the entrance is. So it will not directly connect right to this. If I can go back to this property, you see right here, there is a trail connection to the Colorado Front Range Trail. So we connect towards that. We currently have a connection at Ken Mitchell Park. Sorry, I said Ken Mitchell, but so the Prairie Center wouldn't connect to Ken Mitchell Park, it would have to connect through here. It connect through this part of Ken Mitchell open space, so if this didn't happen, would that trail still be completed through the development of those residential developments? That we try to get the trails through those residential developments and try to it's like a like someone told me it's like a a quilt that your grandma made. You have a piece here. You have a piece here. You have a piece over here and you get them done when you have the opportunity and if we can get development to create the trails through their development, then we do those trails at that time. And as far as this that the city owns this land, this is a project that requires city funding. So to answer your question, it depends when all those connectivities work together. Yeah, I mean, I definitely think we should connect to the Colorado Front Range Trail and connect that as much as possible, but I'm struggling to wrap my head around, you know, four to six million to complete, you know, all say three phases. It's just a lot of money with a lot of other projects on the agenda. But, all right. Yeah, that was all my questions. Thanks. I don't remember blockers. Thank you, Mayor. Thanks Mark for your presentation. A couple questions. So I'm glad you're leaving that up. We own a considerable piece of property immediately to the south of this project. Is that correct? Correct. We own, let me get the right button here. We own coming down this area in here. We also own at this point, and when they finish the mining, we'll have this section. We also own this section. And the lakes cell one and sell three are also part of the city's property called Kinmichel. I think we know about the sells and the property. But my point being, we have a lot of property down there that I see sometime in the future, some recreational use for sell two and for I don't under what you call a property, immediately south of the Ikelman property. But there's then you, as you pointed out, we will pick up that ready-mix property when that's when that's completed. So I kind of seen this as a central point for a lot of activity. Today, yeah, I have the same questions as some of my colleagues of the cost of this, but I think in the very near future this will be kind of a central area for a lot of property. Cell 3 still has some major construction that's going to be taking place soon, I think, as soon as it gets dry. The rip wrap and the hardening of that cell. Is that going to interfere that truck traffic with all of gravel, large rock coming into that? Not that I know of because they will be coming most likely from this area here and coming through here where we will be, I hope they're not going to come where you just pointed because that's a trail. I hope they're not driving over come where you just pointed because that's a trail and I hope they're not driving over the rail to take a while. There's an adjacent area that's right next to it that they can drive on. The other part that I'd like. For park staff to kind of consider is when this gets completed, let's say phase one gets completed in 2023, it's really an isolated area, very dark, very away from Old Brighton Road that already doesn't get much traffic. I would like to see at least a consideration for the road that comes in from Old Brighton Road to be able to close that road down when the park area is closed off. So that you couldn't get people doing mischief in that parking lot in that area. We have talked about gates at the beginning of it, yes. That's all I have, thank you. Councilmember Badea. Yep, I looked up the presentation from a few weeks ago on estimates on work for the Eichelman House, and that was at least $400,000 before looking at connecting to bright and water. So you write, if this is roughly half, so you'd be looking at 3.2 plus another 6, you're looking close to $4 million total for the space. What I think becomes a double edged sword for sometimes is looking at the full cost of a project. The difficulty of a $4 million project for us is bringing out that $4 million at any one point in time. Conversely, trying to come up with several phases of a million and a half, gets us into trouble when the phases don't necessarily seem to deliver the value that we're looking for. So I don't know the right answer to that, except that even if we had $4 million all at once, that would be challenging to put into one project and challenging to deliver in any reasonable time frame. So that certainly runs into a challenge. I'm still, although the historic preservation group has spoken to me some now about the value associated with the house and I'm beginning to understand some of that. I get the financial challenge. What is the, is this dog park, potential dog park that you refer to something that would happen in this phase one cycle or would that need to be planned into a phase two? It would be planned into phase two or if council told us otherwise, then it would be sooner. Okay. What I would indicate is that that would probably add some appeal to Phase I to several of the people on Council who have been talking about dog parks for a good long while and find some value to that. Do we have any estimate of what would be our likely usage of this space because effectively at this point it's an entry point. It's a it's a parking lot. So we're looking at mostly the building of parking spaces at this point, right? Parking spaces and the trail connectivity. That trail connectivity is real important. When we opened a couple years ago during the pandemic, the Colorado Front Range Trail immediately and thereafter we're seeing people coming up from Denver area using the trail all into Brighton, getting something to eat and then going back or staying here in town. That is a connectivity where we could then also be going the other way and having good parking spaces for those trail users. Now let me also point out, as I mentioned in the presentation, that phase one, 48% of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of because I was going to point out and thank the parks department absolutely is excellent at helping to find other funding sources to minimize the impact to what we're looking at in our budget. So I absolutely appreciate the effort associated with that and the value that that brings to this community. When we don't take advantage of those matching grants, somebody else certainly does. And so I appreciate the effort to make sure that those funds that we're already paying into the Adams County coffers are coming back to serve this area as well. And the other thing is if we don't complete it in a timely manner, then we lose the funds or have to turn them back. Right. So I definitely see value associated with that. What portion of the remaining 800 and some thousand is in 2022 dollars and what portion of that is in 2023. Do you know that figure? The budget for the Adams County money, we can split to whichever year we want to do. They are only concerned of seeing it used up by the end of the construction project and then doing our final reports to get the money for us. Okay, and then in our parks capital fund, what percentage of that is 2022 dollars? I would have to check. I didn't come prepared for that. Since we haven't yet voted on and proved the 2023 budget, I'm slightly nervous about that anticipation, but I'm assuming the director must have an answer. My director parks and rec. I director. Director Parks and Rec. I do. Good evening, everyone. The money is in the 2022 budget. We plan to get started this year if approved by you then what we would need to carry over to 23 would be brought to you at a later date when we set the transfer money from 22 to 23. It was in this year's budget. The planning took a little longer than we anticipated. We were hoping to be started by now, but we would like to get started. Okay, so it's in this year's calendar budget. It's in this year's budget to cover this and whatever we need to be doing. And if we need to reallocate funds that are not spent this year into 2023, then that's up to our budget team and their magic, which is why I nod in account. You are correct. Okay. I'm not either. Thank you. That helps a lot to realize that we're not aiming to commit next year's dollars. This is a project planned for this year anticipated for this year. Okay. I'll end with that recommendation that I think you add some appeal to this if you manage to work the dog park in faster than phase two. It gives an additional reason that local people would be taking advantage of those spaces in addition to welcoming people into Brighton traveling via the trail. Thank you. Council Member Johnston. Thank you, Mayor D. So what is there right now? So there's a parking lot planned. What is going to be like, what does this parking lot, what are people parking to go to if we build a parking lot for $1.7 million? What's there right now is nothing. Nothing. So we're building a parking lot. Did you hear that? And let me write the date down. So when this comes back up, like Founders Plaza, that concrete monstrosity, let's remember this moment. We just heard, you're not building a bridge to nothing. You're building a parking lot to nothing. The parking lot, it's always for the color out of the reality is the reality is is that this is once again, another Founders Plaza mistake that our staff is handing us. And it's up to you. I know Councilmember Tadeon Pulaski will vote opposite of what I will vote every time. I've seen that and I understand that. So I'm sure you are both a yes on this. But the rest of you, I promise you, this is another one of those. This is a parking lot to nowhere with phases. So let me ask a question. If a new city council comes along when phase two comes up, can they vote no on phase two, three and four? That would be up to your city council. But they could, so they could do exactly what happened with Founders' Plaza. They could, we could actually be building a parking lot to nowhere. Then a new council comes along and says, nope, we're not doing the other phases. So it'll just be an empty parking lot with counselor blackhurst. I went and drove this road. I went and looked at this. Do you know the nefarious behavior that will occur in an open parking lot with there's no human beings at ever other than the people in a parking lot for years to come and the idea to bring this to us for $1.7 million and then show us but there could be a dog park Councillor Blackhurst will remember this Councillor Mills Councillor Pollock we were all on council when they showed phase two a founders plaza what would this look like does it look anything like that nope and we're doing it again. Why don't you come with the dog park and we'll have a tiny or a not a parking lot that's all magnificent next to a historic house that we have to buy and rebuild. But why don't we have the dog park to have something there? I would say yes to a dog park. People would find a way to park there if it is complete, complete gravel. Wouldn't matter. It would still be a something but we just heard this is a parking lot to nowhere That is a normal politicians please and just vote yes because your staff is telling you to Really look at what this is we just heard there's nothing there right now We're about to spend 1.7 million and we're not guaranteed to ever have this again Be phased in because it might not be us up at that is and when we talk about Adams County money Other than about a thousand residents that live in Weld County money or live in Weld County. They don't They're pocketbooks aren't getting dipped into but when it's an Adams County grant It still comes from the same human beings that paid bright in city taxes. So it's a grant, but that grant, that money comes from Adams County, which we pay taxes to. So it's still tax dollars from our constituents. And that's fine if you all vote, if you do decide to vote yes on this, but I think that when the public actually starts watching these meetings, because right now there's this many people watching, no one is. But I'm going to try to get people to watch more to see what the hell you all are doing. I am fed up. Mayor May I respond? This shows the area that is conventional open space. And it comes around and goes up. This, as I mentioned in the presentation, this piece is the entry or the center point of that open space. In the future, there will be more development, but you have to start somewhere. If a future council votes yes to develop it, correct? You have to start somewhere with the entry. And that's what this is about. See another history lesson. I hope to remember today. Thank you. Yes, I wanted to advocate for putting the dog part in the phase one. And it isn't just myself that's advocating for this dog part. I know I've been loud about it, but I'm representing the residents that come to me and say, we want something else. I just wanted to add that part. And I think to plan to see it about maybe the Ikeman House, I've also been approached by, well, I'm on historic preservation about maybe possibly using that property for the museum. I don't know, something to think about. I know that's way in the future, but I think we want to preserve our history and I think that I'm proud of, you know, a Hitt Brighton's history and I think it would be really amazing to have that, to have them have a space that they could really utilize. And yes, I realize, Adams County is tax dollars, it is tax dollars, but it's tax dollars it has to go somewhere. It has to be used in some fashion and that's how, you know, they have decisions to hand that out. We might as well get our piece of it because if we don't somebody else will. Thank you. So I think we have a split council on how we go into phases and what would it take if we were to do it all at once? Is it the four to six million that was kind of brought out earlier? What could we do in the future to do it all at once? I think that's a lot of what we're seeing here as well and some of the conflict of we're going to go with this. These are your options that you can occur tonight. We're going to go with this. These are your options that you can occur tonight. We would have to go back and look at the cost for phase two and bring that back to you. Would be the comment if you want to do both phases at the same time. Otherwise, we can get started and we can use the monies that we have. I think if we build a parking lot and have an amenity to go to it, that's gonna be more appealing for the majority here on this day, tonight. City Manager Martinez, you wanna say something? Thank you, Mayor. At this time, I believe that it might be prudent that we postpone this item for both this evening based on tonight's discussion so that we can bring back to you the total cost of what the complete phase would look like and any additional information that you might need. Thank you. That would probably be wise. Council member Pollock. Well, I'm glad that we're going to postpone this, but just comment Councilwoman today. That's all our tax dollars and just because we should get a piece of it. It's not to just waste it. I got some things in work too. I could use some money on. If we want to waste money or call it wouldn't even be waste. But if we want to spend money, is that how we're looking at funding grants that we might as well get a piece of it too? Regardless of where it goes. Now, I totally object to that kind of thinking. But I'm... Our thinking is that we want to provide the best park and recreation open space and trails for each ward. And we have strategically looked at the wards throughout the last five to ten years to make sure each ward gets funding in that ward and I understand that. But again, you build a parking lot and nothing else. You know, a dog park. Okay. I've seen the dog park up on a judicial center drive. There's not too many puppies visiting there, but maybe it's out of the way. I don't know. And that that's not the issue here tonight. I'm just saying that just because we have money and we can get a grant, doesn't mean we should waste it. That's all I'm saying. That's all I'm saying. I'm not yay or nay what your proposal is. Like Michael said, we're gonna put it off for a little while and I'm good with that. But I'm really totally, it's just spending money because we think that's the right thing to do. Thank you. Mayor Putnam. Thanks, sorry, I just had another question I thought of. You mentioned mining. Where is that mining taking place? And more importantly, when is that gonna be done? The mining was completed. Okay, so that's all we're doing. And the city took over after the mining. OK, got it. OK. And then the land to the east of this is not brightened, right? That's still an Adams County. Unincorporated? Good question. Like some bad wheel isn't all that. You mean between 85 to Old Brighton Road? Yeah, yeah, exactly, sorry. There is some as you move further north that is part of the city and some that is still part of the county. What about the land west of Brighton Road that's between this and Brighton Road? This is the... So this property there's a space I think it's where wagon wheel is. Yeah, right here. I think the wagon wheel's under the county. Right, so the land... There are pieces on that side, yes. West side of O'Brien Road, such as the one you're pointing out that is... Okay. ...county in the county. God. ...and there are some that are within the city. Okay, thank you. Yeah, I mean, I just, this is way, I mean, hope probably someday, Brighton will extend out there, but it's pretty far out of town and I, there's just a lot of priorities that I think people have been asking for with regard to other projects. So this just seems like too much money for me. But thanks for explaining those things. I appreciate it. I think some of the people in Ward 3, like by that birdcage neighborhood would benefit, but there's a lot more. We need to build out. Probably before we do this, but I think we're heading towards a study session that dissect this more. Is that correct? Thank you Mayor. We'll come back to you with additional information like I said based on the conversation tonight. It sounds like you want to hear a toll proposal for what it might cost in general. And I'll bring that back to you as well. I do want to point out though that this isn't just something that staff conjured up. This has been an item that Council has asked to bring back to you, which staff is done tonight. And so I just want to remind Council that this was a priority at some point from Council and that staff worked hard to bring what we have in front of this evening. And then Council Member Johnston, you'll follow it. Thank you, Mayor. And this isn't just a one-off of things that have happened. This is not directed at you and your department. It is our best department in my opinion. It's more directed at the continual looking at phases and how this council has said phases are an issue and here we are in phases again. The other thing that I wanted to mention real quick from Councillor Cushing before we move on is he was asking about the mining and I remember a piece of this coming up to us as council members or maybe it was when I was on planning commission years ago, but that the mine itself yes, it's no longer being mined, but I was a former coal miner and I promise you, mining the coal was half the battle. It was reclaiming the land right afterwards. So what's the reclamation process and how long is that going to take? It's usually a five year process. So do we know what the reclamation process is? We already have had the federal government out looking at if it's jurisdictional wetland or not. It's the bad. They have not claimed it is jurisdictional. And it is available to be used, but we are saving the area that is around. Let me get to the other slide. We are looking at saving this area right in here as being a wetland area. And so it creates a nature type of education location in this general area. And the federal government still can be declared wetland later if we don't move on it now. We've got letters that say that it's for us to use, but to do what their guidance is. And they have said that this area right here needs to be protected, but it is not a wetland due to the mining previously. But the company that mine did has to do the reclamation process and it's usually a three to five year plan that we signed. They have completed what they did in the reclamation in the last three to four years, yes. Okay. So what we're accepting is city land. Okay. And it's already been reclaimed From the previous Terms thank you. Yeah, I look forward to seeing this whole project and seeing whole projects from here on out Because I would be a yes on this whole project, but not on parking lot to nowhere. Thank you Remember but yeah, yep This is not a bridge to nowhere, but that's really beside the point. So there is a trailhead and other things that are contemplated, but I think that right now with them not being drawn in, we don't get that. The reason phased projects exist is clearly understood. There are table restrictions. We can't commit future councils, future dollars to projects that can't be completed in a certain period of time. So I understand why they exist, but I think that we do ourselves, sometimes I disservice by identifying things as phases and calling them in complete. Not all of them are parks. I would say that the streets, north of bridge 42nd, 42nd, in that area, a disservice was done by calling those half streets and saying they would be completed at a later time. I think the, when we identify that it's a a phase but it's a future group who has to make the determination on the next phase and they don't share the vision, then it doesn't get completed as originally anticipated. That's what I think is very, very smart. It is trying to come with, we realize we can't get necessarily get $4.5 million at once. Here's what we can do at this time. But I would recommend viewing that as a complete project. This is a project. This is a small investment to do, a dog park, a trailhead, and an entry and a parking space. And then look at improvements to that as a potential separate project instead of calling it up front of phase two because I think we're having a knee-jerk reaction to the phases because we've had some poor experiences associated with those phases. So I think that point is made. I think that all of you will take that feedback and come up with something that fits and talk to us about a long-term vision for this space. I know it was only eight weeks or so that we had the first presentation in my time on Council around Ikelman House itself and what might that take. And so I'm still trying to perceive that and how it fits into all of this. All of it said, I think the best thing is to table this and revamp into a free standing project, even if it has additional improvements that can be made. Maybe that's just semantics around phases, but it needs to be free standing and not be something that we can just call a bridge to know where. Thank you. With that, it looks like we'll move this along to another night. Thank you all for the time that we can do this presentation. Just a point of order mayor. Do we have to do a maybe this for our city attorney if it pleases you do we have to do a continuance. I don't think we have to. Thanks. It gives them time to get the whole whole thing to us. Without being rushed. Thank you. Yeah. Thank you. All right. Next on on the agenda is item 10A and ordinance of the city council of the city Brighton Colorado acting by and through its water activity enterprise. I'm ending title 13 of the Brighton municipal code pertaining to non-pottable water fees and charges assessed by the City of Brighton, setting forth effective dates and set rates, fees and charges and other details related there too and this is a final reading. City Manager Martinez. Thank you Mayor. We do not have any further presentations on this item. Now, some other blockers? I didn't know we're going to have more to expect. Councilmember Blackhurst? Motion if there isn't going to be much more to the head. Motion to approve 10A. Councilmember Johnston. I'd like to make a second to that motion. Proper first and second for 10A. If there's nothing else, we'll call though. Motion passes 8 to 0. Thanks. Next is General Business, cancel the October 25th, 2022 study session for the meet and greet with Fort Lepton, City Manager Martinez. I wouldn't explain that. Thank you, Mayor. So in lieu of our study session next week, we will not necessarily be canceling the study session. We will be having a joint study session with Fort Lofton. I should mention that the study session will be in Fort Lofton. It will be at the golf course at Coyote Creek. At Coyote Creek. Unless they change it. Unless they change it. It's a small venue. So be tight gymnastic. See if they make it. that. I'm not going to say that. I'm not going to say that. I'm not going to say that. I'm not going to say that. I'm not going to say that. I'm not going to say that. I'm not going to say that. I'm not going to say that. I'm not going to say that. I'm not going to say that. I'm not going to say that. I'm not going to a motion. OK. We're good. The city clerk is saying that we need to vote on this. Oh, city clerk says we need to vote on it then. It's the council meeting we have to have a vote. We'll continue. We're technically not canceling the meeting. We're having a joint study session with. So it's still a study session, but it's going to take place in Fort Leopton with the neighboring community. Correct. We're technically not canceling the analysis cancel on the agenda. That's correct. So but we have an agenda item to cancel a meeting. So if I if we need to remove the agenda item then we can do that. We can vote not to cancel the study session. But, Hey, We can't smell it. John's day. I, I, I think Council member Padilla is correct here because it says cancel the word cancel makes it to where it is something that can, what if there's a council member that thinks it's a bad idea to cancel the study session. Here or there. I've never not done it. What we're apparently doing is withdrawing the item to and not canceling the study session, but changing the location of the study session. But with the agenda was approved with the original language, we're now at cancel the October. So if it said discussion about the October 25 study session, then we wouldn't have to make a motion. But I think we do have to make a motion. All right looks like councilmember Padilla is the first one on here. Go ahead make a motion. I would like to amend item 11A to change the location of the October 25th study session to be a joint study session with the city of Fort Leopton at the location they have mentioned and adjust our notices accordingly. Okay. Councilmember Dunston. At happily like the second that motion. Robert Rural's dorks. Okay. We are proper first and the second. Um, if there's no other discussion, oh, Councilmember Polowski. Oh, she's getting ready to vote. Okay. I just saw your hands up. If there's no other discussion, roll call vote. Motion passes 8 to 0. Yeah. Thank you. So we are having study session, but in Fort Leipto next week. Okay. Next we'll move on to reports. We're coming on the home stretch. First reports by the mayor. I've been traveling a lot the last couple of weeks. I've been in four different states. So I haven't been to many places, but I before I went out a town a couple weeks ago, I'm my Metro Mayor's caucus met, and we heard some really good discussion, not only on homelessness, and I know that's an ongoing discussion everywhere. But one thing that stuck out that was mentioned was the increased in retail theft going on, not only in the Denver area, but nationwide. And they brought the theft prevention specialists from three different companies, one from Albertson Safeway, the other from Lowe's, and then the other from Walgreens, all those stories we have here in our community and One thing that stuck out to me when the person from Albertson Safeway spoke That they said that she just came from Seattle. She moved here into the area like several months ago from Seattle And she believes that the Denver area is where Seattle was about 15 years ago. If we don't take a grab on this decline and keep in the laws here, we could be in a world older hurt. So we got to make sure we're one after those that are stealing and actually prosecuting and enforcing. And so I know our pd to the fabulous job on getting the people we just need to get the people that are perpetrators to really stop, yeah. So. And then one thing I did today was I was invited to Foundations Academy over on 45th. And I got to reach us a group of second graders. I got a tour of the school. Had been there in a while. My son went there for one semester when he was in eighth grade years ago. And so it was nice to go back and see the kids in the Rita Book. So it was fun to do that. One thing that I guess woke me up was I hit a speed table on the way there. That wasn't marked. I guess they just put it in over the weekend. So, mentioned that to the principal of her foundations. And she was pleasantly surprised. She didn't even know it was common, but she did say that's their number one complaint is all the traffic going down 45th and not really paying attention to the kids that are trying to cross. So, they're hoping that'll be a positive thing to get the traffic to slow down. One thing I did mention to Michael is I noticed on that stretch of road, there is a sign that says, school zones be limit 20, but it's not a flashing sign. So I hope we can get that improvement put up over there soon. It's very similar to even the school say I've run long speak so that's about it. Next we'll go to reports by the department directors. None tonight, thank you. None tonight. City Manager or city attorney. None tonight, thank you Mayor. Okay, now city manager. All pass this evening, thank you. Okay. Little reports by the city manager. I'll pass this evening. Thank you. Okay. A little reports by the City Council. Start with Councilmember today. Thank you mayor. So I was able to attend the bright and housing authority. Very short meeting this week. Last week. Soon. Somewhere. Just some just not not a lot to report there. Housing Authority is selling some property that they have figured out that is not going to be advantageous or economically sound to to repair it. Also was a tend had attended the Brighton Legacy Foundation, whereby we are getting ready to go into our grant season. We're accepting applications, and our next meeting will be figuring out who gets what for that. It's very fulfilling. It was the board that I joined a long time ago. Take that away from you, Mayor Pro Tem. And historic preservation commission. We have our very first individual residential property that is going to be designated as a historical property, which is very exciting for Brighton. We had a homeowner that volunteered to go ahead and get that designation. They're doing, they've already done districts. They're trying to get this particular neighborhood that was one of the founding neighborhoods in Brighton. And so that's exciting to be able to preserve some of that heritage. And that's all we have. Thank you. Next council member Pollock. Nothing this evening Mayor. Thank you. Mayor Prattam. Thank you next council member Pollock Nothing this evening Mayor. Thank you Mayor Prattam Thank you Yeah, actually I missed the Legacy Foundation meeting so I'm glad and was able to Represent for that. I did I did though help the Legacy Foundation do an RFP for any website. So we're We're working to redesign the website due to a change in the website person, not doing that anymore as of the first of the year. Housing Authority, I did a attend a virtual meeting and the biggest thing was that there was a, we did a vote a while back on some chaffa funds for Hughes Station. That's not happening until maybe next year. It was pushed off due to an increase in interest rates. And so they're working to figure that out, get some tax credits or try to find a solution to that. They're hoping to close at the end of first quarter in 2023 and possibly get that done towards the end of the year, but there's just no nothing concrete yet. But that's all I have. Thanks. Okay, I'll remember Blackhurst. Yeah, I had had a busy last couple of weeks with meetings of Burah, Youth Commission and Lock Bowie sewer treatment that I'll pass on anything deeper than that because I'm not sure anybody's interested. Thanks. Councilmember Johnson, thank you mayor and thank you Councillor Blackhurst. I agree. The one thing I do want to say is thank you allo for being here and staying for the whole meeting. This was less of a boring meeting than normal, so we never expect you to have to stay if you don't want to. Thank you very much. Councillor Moura Plosky. Thank you, Mayor. Last Thursday I attended the E470 Board meeting. In the late 90s, when I would go to E470 Board was, it was a wide open road and I had no difficulty getting on. That wasn't true last Thursday. I didn't think I was ever going to get on the roadway. So it has very much changed over the years. Anyway, in the meeting that we had, all department heads presented their asks for the 2023 budget. So it was a long meeting to listen to all the asks and it is amazing to me the millions of dollars that are constantly talked about anymore just dumb family. But anyway, and then Friday it was my pleasure to attend Chief Suthard's final retirement event at the Armory and that was very nicely done. I appreciated that. My special ask tonight is everyone living in 27J, please vote for 5B. For those of you who do not maybe understand if this doesn't pass, bus services are going to be discontinued and many sports programs are going to be discontinued. This is money for payment for teachers that are sorely needed. It does not go to administration and it says so in the asks. So for those of you who think that that's true, it's not true. Anyway, and as a long time obviously, member of 27J, we need to do what's right for our kids. So thank you very much. Thank you. May I ask Mayor Patia? Thank you. OK, last couple of things. So I would just remind everybody that your ballots for the current election cycle should be in the mail and should be received this week. So make sure that you're looking out for that. Filling it out and responding, that is the way you get to speak for government. It's how we all get to cast our opinions for how things should be run. And there are a large number of things on the ballot to decide about ranging from constitutional amendments to. Things referred by the state legislature. So definitely exercise your vote and return those ballots. This is also Friends of Library Weeks, so I thought I would mention that as my sister is the school librarian at my kiddos K-throw aid school, the speed tables, which I would also note, I've had incredible positive response from people in my ward and I've seen a large amount of discussion and positive response to all of the traffic mitigating measures that our public works department is putting in place. So I applaud them for all of the work, the research put those in place, and physically building of them. I was watching from my mother-in-law's back porch, as a few of them went by and have a friend and colleague who mentioned that as she drove over the speed table on Southern at full speed, the three teenagers in her car did indeed bump their heads on the ceiling of the car so it is of significance and effective and people are aware of them. I'm amazed how many people do not read the gigantic orange diamond sign that says bump and continue to go over them but I'm certain sure if it's a case that's not a case that's a case that's not a case that's a case that's not a case that's a case that's not a case that's a case that's not a case that's a case that's not a case that's a case that's not a case that's a case that's not a case that's a case that's not a case that's a case that's not a case that's not a case that's not a case This Thursday I will be chairing the Adams County opioid abatement committee meeting as we make the determination on how the dollars at allocated to Adams County as part of the opioid settlements will be allocated. So this first allocation is about $3 million and we're taking a look at how that will be allocated percentage wise to things like treatment to long-term recovery to education to law enforcement and to a couple of other categories that are outlined in that settlement. So we'll be making that decision on Thursday and we'll start to see those funds arrive early next year and we'll have the process outlined by which organizations will then apply for those funds, but we're making determination how to prioritize that spending this week. And I would keep talking only because Council and Public wants to make sure this meeting runs as long as possible, but I'm at a public saw stop. So thank you very much. All right, with that, there's nothing else before the council. We are adjourned. Thank you. Next week and four. you What do you do when you come across a floating pumpkin patch? Dive in and claim your favorite one. The Brighton Recreation Center is bringing back splashing pumpkins for the second year. Pumpkins will take the plunge from 1230 to 4 on October 23rd. Space is limited so pre-registration is required. For more information about splashing pumpkins call the Brighton Recreation Center at 303-655-2200.