a regular action, the desire to make sure that we had a high majority speaking for it was to ensure that we didn't have a political influence for a close conflict, but I don't think it rises to the same level as an emergency ordinance. Thanks. Okay. Thank you. Mayor Pratton. If it pleases you, can I ask for clarification from our city attorney? Yes. So since it was 3-3, can a motion be made to approve 8A is written? Right. Correct. Only by someone who voted now. Well, three of us. Okay. Well, then if it pleases you, I'd like to make a approach to approve A-Day. Okay. When you put your motion now, and I will go ahead and second that. So, there's a proper first and a second. As written for 8A. There's no other discussion. We'll call it out. Oh, another stalemate. Motion fails four to two with two absent. So that goes down if another council member that may have been absent tonight, when I bring this back up, that can happen in the future. Is that correct? At this time, this ordinance has been defeated. We would certainly council wishes to bring it back at some later date. We would begin again. Let's start over. Okay. Thank you for clarifying that. We're moving on, folks. Okay. Item 8B, an ordinance of the City Council of the City of Brighton, Colorado, a Mending article 2-25 of the Brighton Municipal Code regarding the Brighton Youth Commission. That's why they stuck around. I see now. City Manager Martinez will turn this over to you. Thank you Mayor. The Brighton Youth Commission and staff is here to answer any questions since this is the second reading we have no further presentation. They're here for the entertainment, I know. It's got questions for this item. And if not, it would make a motion. Anybody? Council Member Padilla. Thank you. I'm happy to move 8B. I think the changes and recommendations are sound and have taken them into account the advice of council. There's a proper first in the now there's a second with council member today. I'd like to second that. All right. Probably first and second if there's nothing else. Roll call vote. There we go. Now it's the unanimous motion passes 6 to 0 with two absent. All right. Thank you. Next item 8C, I'll come on stick around. Items are whole ravians leaving. I know. I know. We're gonna. Well anyway. Item 8C, an ordinance of the City Council, I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know. I know this back over to City Attorney Calderone or this? Yes and no. Last time I called on the City Attorney and it was the Chiefs turn to speak so I'll ask both of them to be present for questions regarding the second reading of this. All right. Let's do it. On second reading this ordinance has been amended to address council member Padilla's concern about ornamental fireplaces not being defined. So we have actually changed the term and defined it. Portable outdoor fireplace is now defined as a portable outdoor solid fuel burning fireplace that may be constructed of steel concrete clay or other non-combustible material. A portable outdoor fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. It's type of fireplace is sometimes known as the chimney nail. And then all those places that previously referred to the ornamental fireplace is now using the portable outdoor fireplace term. So that's the only change that's been made from first to second reading. Are there pictures in that order? Thank you for getting that updated and clarified. I think a lot of people appreciate that. Councilmember Padilla. Just thank you for the update in the definition. I realize sometimes that it seems pedantic, but I was a little confused by what could be included and what would not be included. That said, I'm happy to move item Hc. Thank you. Mayor Pro Tem. It would be a later disssecond. I don't hate seeing. It's a proper first and a second. I'm not going to say anything about the city. I'm not going to say anything about the city. I'm not going to say anything about the city. I'm not going to say anything about the city. I'm not going to say anything about the city. I'm not going to say anything about the city. I'm not going to say anything about the city. I'm not going to say anything about the city. I'm not going to say anything about the city. I'm not going to say anything about and then item 8D and ordinance of the City Council, the City Brighton Colorado, adding article 10-15 to the Brighton Municipal Code regarding pedestrians hindering the flow of traffic and enhancing pedestrian and traffic safety. They manage their Martinez, is there anything to add to this? Or even... There's nothing to add to this second reading. and staff and the city attorney are available for questions. No changes. Okay. Councilmember Blackhurst. Just a quick question. As we all see people standing in the runway daily and this ordinance would address that is just rise to the level of an emergency ordinance it could be going to affect prior to why would HC someone in that 30 day period injured or killed and in the interest of public safety this can't be considered an emergency ordinance. City Attorney Calderon. and the city and and and and and and and and and and and and and and and and and and and It's not a lot of work. It's not a lot of work. It's not a lot of work. It's not a lot of work. It's not a lot of work. It's not a lot of work. It's not a lot of work. It's not a lot of work. It's not a lot of work. It's not a lot of work. It's not a lot of work. It's not a lot of work. It's not a lot of work the council. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. It is exactly the language she'd like to see on those signs. But we'll make those signs in-house. I can tell you that I'm aware of the first posting that's going to take place. It's probably the 85th and Bromley intersection area. To be honest with you, I'm not aware of any other particular areas at this moment. I'll be working with PD, the police department to identify any additional locations. But that is the immediate location. We'll have to get locates. Signs will be made department to identify any additional locations but that is the immediate location. We'll have to get locates. Signs will be made in-house and we'll post that area once we get those done and it sounds like probably a couple of weeks. Is what I just heard as far as the enactment of that ordinance following last publication. So we should be able to meet that time frame and those will be up brothers rather quickly. Great. Staffs on top of it as usual. Thank you. Great. Thank you. Next, I see some motions to be had. Councilmember Tadeel. I am giddy to move that we approve item 8D because I have been fearful for a long time of somebody getting heart. I think it's a good move forward for sure. I think councilmember Pollock. Thank you, Mayor. I think it's a good move forward for sure. Councilmember Pollock. Thank you, Mayor. I think it's a good, it's a good move forward for sure. I mean councilmember Pollock. Thank you Mayor. Yes, this is long overdue last weekend. There wasn't only just two people. It was like one in every corner. I mean, it was ridiculous. We got a bunch of new people. I guess that might be the place to be on 85 and broadly, but anyhow, this sooner we can get those signs and get them posted and done the better, because that's going to be really dangerous here real soon. Thank you. And I do second that motion, though. Thank you. And I completely agree. This is a needed fix that we need to do. I see people in the, especially in the medians, it doesn't matter if it's new and on a Tuesday or 6 p.m. on a Saturday. They're out there, it's a dangerous situation. We don't want them hurt. That's what the bottom line is. Director Woodrow, did you have something you wouldn't say? Marif, I can mention two is if you notice locations throughout town where you see this is an issue, please email me and I will make sure that I coordinate with the police department and we get those locations signed. Obviously we're out and about on a daily basis but there are times when we don't see them out there and they may be out there on a weekend when when staff isn't around but please email me and let me know if you have locations that you feel we're having that issue and we'll take care of that. Thank you and it probably will pop up other areas as we're trying to disperse away from the the highway that we're talking about here. All right, I'm Rokal though. Motion passes 6 to 0 with two absent. Great. Thank you, everyone. Move it ahead to utility business item 10a. A resolution of the city council of the city bright and Colorado acting by and through its water activity enterprise, approve the Intergovernmental Agreement amendment number 19-05.22A regarding maintenance of drainage and flood control improvements for the Brighton South outfall between the Brighton, excuse me, between the city of Brighton and Urban Drainage and Flood Control District, DBA Mile High Flood Control District, the Mile High District and authorizing the city manager to execute said intergovernmental agreement on behalf of the city. City manager Martinez. Thank you mayor. Thank you. Our stormwater engineer, Scott Olson, will be presenting. Thank you. All right. Good evening mayor, mayor, Mayor Pro Tem and members of City Council. Tonight before we before you, we have an IGA amendment regarding maintenance of the City South Outfall Channel. If you recall, we brought the original agreement to you guys back in 2019. At that time, we did maintenance on the South Outfall Channel from approximately South Fourth Avenue to Fulton Avenue. This project that we're bringing tonight for the IGA amendment will be focused on the area downstream of the US85 highway culverts and going farther downstream to the McCann ditch crossing. The same location is the Southern Street Trailhead. We'll also be looking into the possibility of adding safety grading over those culverts that go under Highway 85. If you guys don't have any other questions about the scope of that, last time I presented to you guys about a project with Mile High Flood District, you had some questions regarding their procurement process and how they select contractors. So tonight with me here, I have two watershed managers from Mile High Flood District. They're going to give a brief presentation to you all on kind of just real quick who they are and then how their process works and then they can answer any questions that you have. With that, I'll take any questions on the scope of the maintenance before I open it up to the other blockers. Thank you. Mr. Olson, I want to thank you for your attention to this. For those of my fellow council people, that long tunnel that goes under 85 and actually under Old Brighton Road before it comes back out. For the businesses that are on the other side of that is a big problem, because the homeless use that as a shelter or a way to get back and forth across the highway. And it's become a real nuisance for those folks. And I think our folks here have went down and looked at that. Mr. Olson went down there and personally looked at that and come up with a solution. I think it's going to be very much appreciated by the people who live down on that side. And that whole channel is pretty flat as I think you know. And so it does need some maintenance. But I want to thank you publicly for the efforts you had to take care of this kind of a public nuisance that we have down there. Thank you. Sorry to appreciate that. And just a little more information. The main things that we'll be working on on that section of the outfall that I described is going to also be trash removal, sediment removal, debris removal. If you look down there, it's kind of a little bit overgrown. We do get a lot of trash down there from homeless individuals. So that's what we were working on. If nobody else has any questions, I will invite our two guests up tonight from my high flood district. And I will turn it over to them. This is Andy Stewart and Colin Haggertey. So this is the clear. Welcome. Perfect. Can you guys hear me all right? Yes. Good evening, Mayor, Mayor Proentim. Ladies and gentlemen on the city council. As Scott said, on Mandy Stewart, I'm the North watershed manager with the Mile High flood district. Also known as doing business as the Mile High flood district or urban drainage and flood control. With me was the previous watershed manager in this region colonnaggedy. I've been with the district for just three and a half weeks, but a little background on me. I began my career in consulting, worked in public works engineering on the local side for the last eight years before joining the district and have an intimate knowledge both on the private side, local government side, and now over on the district of working with them and understanding some of their procurement processes and challenges and questions that you guys might have some questions for me about. So, anyways, let me just jump into this about what we're here to talk about. Just background for those who don't know the Mile High flood district's district boundaries covers about 40 cities and counties and 1600 square miles. And within that 1600 square miles we have 3,500 miles of major drainageways. And we know that major drainageways and flooding doesn't just stop at municipal lines. It crosses that. And that's what the district school is to bridge that gap and provide a cohesive plan through several different methods. And the way the district operates is we partner with local governments on multiple different levels. We will conduct major drainageway planning studies, master plans as you commonly hear them refer to. We conduct maintenance projects like this one that we're talking about here with this current IGA. We also develop local criteria as it relates to hydrology, rainfall, and runoff models and science there that is used without the Denver or throughout the Denver Metro area. Another service that we have is a flood warning for emergency managers, police and fire. Flood plain mapping services through FEMA, and also capital improvement projects that we partner on a 5050 cost share basis with the local government. So what we're here to talk about is some of the procurement and how we deliver these projects. I'm aware through my conversations with Scott so far that you guys have had plenty of presentations about different contracting methods, but just to review, we have got the design bid build, my conversations with Scott so far that you guys have had plenty of presentations about different contracting methods, but just to review, we have got the design bid build, low bid contracting thing that you get we're aware of, the design build, and then the CMAR, which I believe you guys have heard some presentations on as it relates to water treatment facilities and whatnot. And the reason I bring that up is because what the district and what we're here to talk about tonight is the project partnership and the way we do our procurement and project deliveries through the district. And I'll convey it in a way that's essentially a modified C-MAR. And the way I say it's a modified C-MAR is the traditional method of doing the design bid build, the district found through our history and delivering these types of project that we need to think differently. We anticipated like this slide shows that it should just go in this nice uniform concept design, construction dog gets bid build, and it doesn't always give us that nice linear curve that we see here when we get into construction. This is more automated than I did when I think so I'm going to enjoy that. Wasn't trying to do that for you guys but that's an added bonus. But what we found through the low bid design bid build process was that we had this hard ability to control change orders. And working in major drainage and streams is a highly volatile type of construction activity. So the district started to think differently, and that's how they came to their project partnership delivery method. The reason that they needed to do this is because the constraints we experience in these drainage ways, lots of unforeseen things when we start digging in the earth. This is just an example on a drainage way Hoffman where we, as engineers, like the theorize about how a contractor would go about constructing improvements with lots of utility constraints and a bunch of unknowns as it relates to their equipment they'd used to install this. So I use this example because these are some of the issues that arise through other procurement methods that have created challenges throughout the district. Another example just to show you a picture, the complexity of what we work on in partner with local governments. This is an example of a Westminster Station, obviously in Westminster. Major drainageway, multiple different disciplines out there on the site. Obviously cranes, active drainageway, water management, and realistically, those types of things are great to think about as an engineer. Really hard to avoid risk when you go in contract and bid that out in the low bid environment. So as an owner, we obviously have these goals in mind. We want high quality, lowest-fairest price, which is why we traditionally went with the low bid contracting mechanisms, but we also want to meet our schedules to use our public dollars responsibly. And then we want to limit risk. So how are we going to accomplish that? The district came up with and I'm not going to take ownership because I didn't develop this but putting their heads together and experiencing it on the local government side of things has been really good is that there's not just a knowner There's a contract that you are heavily relied on to get these improvements constructed. You have other stakeholders maybe other jurisdictions You have engineers that are designing the projects, and they all have different goals and objectives. But we need every one of those pieces in order to deliver it effectively. So when we think about getting this done in a drainage way, where we do about $75 million worth of work in drainage ways, the capital improvement, development improvement projects, and maintenance projects like the IGA we're talking about. We want to make sure that we develop trusting relationships with these people, when that includes contractors, that includes engineers, and we want to make sure that their goals and priorities are successful so that our team can be successful. So let me just jump ahead to our project partner side. This is obviously that slide that we had shown on the design bid build. But what we want to do and what they have seen over on the mile high flood district is that shifting some of the onus into the concept and design through bringing on a contractor early on in the process to discuss some of the complexities that they see from their angles along with the engineers and another stakeholders has really started to lower costs when we see in construction give a better relationship that's more open to communicate both between the design team, contractors, and so on. So let me just give you one quick example of the Brighton North Health fall. Some of you guys may be familiar. It wasn't my project. That was a project that had went in with this delivery method. And what they accomplished through this, even though that there was change orders, the relationships that they had built with contractors, they were able to identify savings throughout the entire process. So this is just a contingency status as it went and I won't bore you with all those details, but hopefully I'm conveying the message that even though things arise during construction that we're gonna have those unknown costs, through the project partnership that we've developed with our on-call consultants and on-call contractors, we've been able to control some of those change orders and find savings when we go to construct that. So a question that's commonly asked is, how is your process fair and competitive amongst not only the contracting community, but the professional community on the line. So let me just being to that. On an annual basis, county representatives from the local governments have a chance to talk with our uncle to review our uncle, professional consultants and contractors. And this is basically the opportunity to say who's been doing a good job, who's not, is there anything that needs to change or do we need to look at maybe modifying or taking a said company off that particular list based off what the local governments are experiencing through our services. So that's one of the forms that we use and just trying to keep that fair and competitive. Another thing that I'll say is that we do an independent study to ensure that our consultants' billing rates are in line and not out of line with like industry practice. So if they get too far over on a particular proposal, we have a method to go back and say, hey, these rates aren't what we're seeing and we can essentially negotiate those back down to what's within a standard deviation. So hopefully the key takeaways I want you to understand about this method and then I'd be happy to answer any questions is that through our project partnership where we have a set of on-call consultants that perform this work annually and consistently year in and year out, we've developed a trusting model with our contractors and professionals that help us deliver the highest quality products. And I showed up Broncos because who doesn't love Peyton Manning? And what I like about the analogy of maybe a football team is it's great to see a team in a huddle going to next-cuting and getting that touchdown but there's so many components along the way for them to effectively make that look easy on this Sunday. So with that I'm gonna open it up to any of your questions that you have about our project partnership. Show the Broncos when they're successful eight years ago hopefully something better coming up. It's sad when you're longing for the Kyle Orton era bet. I mean, Russell Wilson. We got hope. We do have hope. All right. Questions. Anybody from the council? Is that all your presentation? There's or more? That's all. Okay. Unless you want more, but I feel like there's or more that's all okay unless you want more bed I feel like there's plenty there with that who'd like to make emotion all right thank you guys thank you some member blackhurst yes I like to make motion to approve is Is it 10 a and a and a? Mayor Putem. It would be overjoyed to second that motion. Well, youth commission left away too early, didn't they? If there's a there's a proper first and second, if there's no other discussion, roll call vote. if there's no other discussion, roll call vote? I'm overjoyed to announce that 6-0, two absence. Thank you, everyone. Thank you. All right, next is General Business Item 11-A, 2021 Financial Audit Report. City Manager Martinez will turn this over to you. Thank you, Mayor. is General Business Item 11A 2021 financial audit report. He managed your Martinez, so turn this over to you. Thank you, Mayor. It is with great appreciation that I bring up our finance director, Katrina Asher, for this presentation and to introduce our presenter for this as well. Thank you. So we're here tonight to talk about the results of our 2021 financial audit. And so first I'm going to bring up our assistant finance director, Valerie Price. She joined us in the results of our 2021 financial audit. And so first I'm going to bring up our Assistant Finance Director Valerie Price. She joined us in the middle of March and was instrumental in bringing this whole audit to completion, especially with me being new in my role. It was critical having her here and she did a fantastic job. So I'm gonna bring her up to give you just the quick intro and introduce our guest tonight. Welcome. Good evening mayor, Mayor Prattam and members of Council. As director Asher said my name is Valerie Price I'm the assistant finance director and I just wanted to give you a quick update. The city is required by municipal code to have an audit completed by an external auditor that council did appoint within six months of the fiscal year end. Our 2021 audit was completed in May of this year and I'm here tonight to introduce our independent auditors Haney and company. Ty Holman is a partner with Haney and we'll be giving you a brief overview of our audit. Welcome again, Ty. Mayor, Mayor Pro Tem, Council Member's great to be with you this evening. Again, as was mentioned, my name is Ty Holman, the lead audit partner on the annual financial statement audit for the city. And glad to be here this evening to present the results of the 2021 financial statement audit. I'll run through a few things. I'll talk a little bit about our audit scope and methodology. I'll go over some required communications, along with a few financial statement highlights. Obviously the documents very large and I'll just highlight a few items and then close with a discussion on some new accounting pronouncements, some general observations and other comments. And then of course I open up to any questions that you all might have to. In terms of audit scope and methodology, the purpose of a financial statement audit is to provide an opinion on the fair presentation of the financial statements in accordance with generally accepted accounting principles. In order to do that, we, in accordance with generally accepted auditing standards, follow a risk-based approach and tailor our procedures to be able to address risk and to be able to come to a conclusion that we feel like the financial statements as presented are fairly presented and accurately represent operations of the city for the year ended December 31, 2021. That does include addressing areas of significant risk and potentially even fraud, although that's not our primary focus. Our primary focus is on the financial statements and on the numbers presented. Those are all though aspects of what we do as auditors. Finally, we do, or sorry, before that, we also will vary our procedures from year to year, presenting an element of unpredictability in what we do and basically trying to make that audit something that could potentially detect any errors or issues that would need to be corrected in order to present financial statements that are fairly presented. Finally, internal controls. As part of our audit procedures, we do gain an understanding of internal controls within within the city and within processes. We don't test those internal controls. It's not within the scope of a financial statement audit. However, we do look at those. We would be required to identify if we did identify to communicate any issues with internal controls, although it's not a primary objective of the financial statement audit. Required communications. I believe you've all been provided with a copy of a letter that contains our required communications. I'll run through those items briefly. Obviously there's more detail within the letter. Significant new accounting policies adopted. There were none during 2021. It's not a significant significant accounting policy. I will, however, take the opportunity to just mention. You may notice that the name of the document is now the annual comprehensive financial report rather than the comprehensive annual financial report. That is due to basically the acronym, you know, now we say ACFER, before it was a different acronym that in certain parts of the world it was found to be derogatory and offensive. So they chose to change the name of that document. So we don't consider that as significant new accounting policy, but I just wanted to highlight that and mention that. Significant estimates, certain numbers within those financial statements are affected by estimation. We want to take a close look at areas that are affected by estimates. We identified those to be the areas of pension, depreciable lives of capital assets and self-insurance claims payable. Those estimates, we take a look at those, we want to make sure those are reasonable that they make sense, that they're not manipulated and that they result in something that's fairly presented within the financial statements. We found no issues within those significant estimates. Audit adjustments, there were none. Occasionally within the process of our audit will identify errors or items that need to be adjusted or corrected during the 2021 audit, we found none. So that's always a good thing. Disagreements with management or other findings or issues we would also be required to communicate those that would be items. Perhaps like a contentious issue or something that required outside consultation. Things like that we'd