. . . . I'm going to go to the next floor. Let's get this show going. Like to call the order of the city council meeting for this Tuesday. March 2nd. Can you believe it's March 2021? How many doctors so I read that was today also. I'd like to ask if councilmember Watts would lead us in the Pledge of Allegiance, please. First I would. I pledge allegiance to the land of the United States of America and to the Republic. For which it stands. Under God, indivisible, with liberty and justice for all. We're all. Thank you, Councilmember Watts. Madam City clerk, please call roll. Mayor Mouse here. May approach and Johnston present. Council member blackhurst. Here. Council member Cushing. Council member Humber. Council member Jordan Ellie. Council member Pollock here. Council member today. It's got words she's having trouble connecting. Councilmember Watts. You have a quorum your owner. Thank you. Next we will move on to the approval of the agenda. Madam City Manager, Vice-Decay, so do we have any changes to the agenda tonight? Did you meet Mr. Mayor of City Council? No, we do not have any changes. Thank you. What's the pleasure council? May I put them? Thank you mayor. I'd like to make a motion to approve the agenda as presented. We have a proper motion to approve the agenda. Council member Humbert. All second, that motion. We have a first and a second. Any discussion? Roll call vote. Mayor Mills. Yes. Mayor Pro Temp-Johnston. Yes. Council member Blackhurst. Yes. Council member Cushing. Yes. May I approach him, Johnston? Yes. Council member Blackhurst? Yes. Council member Cushing? Yes. Council member Humber? Yes. Council member Jordan Nellie? Yes. Council member Pollock? Yes. Council member today. I don't think she's joined yet. She's still having trouble if we can have someone contact her. Council member what? Yes. Your under motion passes 8 to 0. Great. Thank you. Next is the consent agenda. Madam City clerk will you please call. Read that to the record. Item 3A approval of the February 2nd, 2021 City Council Minutes. All right. What's the pleasure of Council? Mayor Brotech. Thanks, Mayor. I'd be happy to make a motion to approve the consent agenda. Proper first by Mayor Brotech. We have second. Council member Humbert. Mr. going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go to the next floor. I'm going to go Okay, roll call vote. Mayor Mills. Yes. Mayor Pro Tem Johnston. Yes. Council member Blackhurst. Yes. Council member Cushing. Yes. Council member Humbert. Yes. Council member Jordan Ellie. Yes. Council member Pollock. Yes. Thank you very much. Moving ahead to ceremonies item 4A. Brighton employee charities 2020 update. City manager, vice-decessa. Turn it over to you. Yes, thank you, sir. We do have with us this evening our youth services sergeant Montse Orteo and he'll give this presentation Once a there is There he is So let me get my screen up for you guys real quick here So our practice really today. So that way wasn't tumbling. I think I got it. I'm sorry, just one more. All right, how's that look? Great. And just so just hold on for a second. Just so for the record, it looks like Council member today was able to join at 6.05. Great. Thank you. I apologize. No problem. All right. So I'll go ahead and get started. First off, Council, Mr. Mayor and Madam City, Thank you for the opportunity to give you guys a quick update on what the employees are doing on the Employee Charities Committee. I'm sure you guys are going to be pretty excited. So, get started here. So several years ago, Employee Charities sat down to come up with a vision statement. And this is what we came up with. This is what we tried to accomplish as we focused throughout the year on different opportunities in serve our community. But we exist in hands of the lives of children and families in the bright community by providing resources to make a positive impact throughout the year. And I have here on the bottom neighbors, helping neighbors, it was really big for our employees to encompass that, right? So although their employees work in in our city and providing service to the city of Brightonon they wanted to make sure that it felt like just a neighbor helping out their neighbors and I think that's that's the mission or the statement we wanted to get across when we came up with this vision statement here in this mission so I hope we did that. Little history on the Employee Charities Committee. So it's been an existence for approximately 20, 25 years. I started with two city employees. Well, Employee Charities Committee did not, but I started with two employees. That worked at the historic city hall at the time, right? And their mission at the time was to serve or to serve and give the neighborhood across the street north elementary coats at winter time. At the same time, the Brighton Police Department was doing something similar where we were partnering with the Brighton Police Department, sorry, with the Christmas Crusade program, the Metro program with KYGO, and we were giving gifts to Christmas or kids at Christmas time. The city employees, they also built upon their coat program and they were also doing Christmas gifts. So we kind of seen that there was duplicate efforts going on there, so we combined forces, if you will, and this is where the Employees Charities Committee came into existence. A little background on that, the way it's funded is the employees have the opportunity to donate through their paycheck into this fund to help not just at Christmas time, but throughout the entire year, right? So we initially, when we first started, we thought about, or we just had programs at Christmas time at the end of the holidays. As the program grew to what it is today, we have several programs that kind of serve the community throughout the year. And I'll share that with you here in a minute here. Currently, these are the employees on the committee. And as you can see, well, I didn't put what division they're from, but each of the employees are from several different areas within the city. They serve on the employee charities committee on top of their daily responsibilities. And this is something that we, I share this passion. I know the people on the same committee does too, that they are passionate about serving the community and about helping those that could use help every now and then, right? So this past year, Veronica and Aaron really stepped up to the play and helped out a ton, tremendously at Christmas time with organizing stuff. As you can imagine with COVID this past year, there was extra steps that had to be taken into place to account for safety, managers, and precautions to ensure that we were doing our best to keep everyone safe, right? And these folks really stepped up and helped out make sure that we were meeting those expectations and guidelines set out by CDC. In 2020 we have 86 employees that contribute to the program for a total of $12,000 or $12,213. As you'll see in later slides, this is a small chunk of what we do to support our mission and support our programs. We rely on community partners and I'll go over that in just a minute here, but as you can see, there's a breakdown of what divisions the employees come from. I think it was 2017, it was, we had probably half this number of employees contributing. And so we set out as a group to bump that up a little bit to what it is today. And I think again, we have hopes of increasing the number by many more this year. So in 2020, like I've mentioned, we have several programs. Initially, you started with two programs, right the co giving program and the Christmas program since then it's evolved to awarding scholarships We award two scholarships to high school seniors this past year. We also do school supplies at at the beginning of school year We awarded 150 for winter coats to children in the community We also did a hundred 152 gift cards for families and need a food. We did 100 gift cards to seniors at Christmas time. We gave out 302, or 302 children received gifts at Christmas that broke down to 152 families. We provided food to food banks throughout the year. And that's interesting. We have a food bank. Our food boxes head up throughout the city facilities and employees will bring that in bring them food and probably one supporter somebody from our committee will go take to different organizations within our within our community that could utilize that food. We also fund the family need immediate immediate assistance program that's a program through the Brighton Police Department so if we're one of our police officers come across a family that needs, you know, food, diapers, clothing, whatever the case may be, they could go into our police department. We have a system set up there where they could check out a Walmart gift card that is funded by this group of individuals. And they could take that Walmart gift card to the Walmart and, you know, get whatever the family needs for that time. And then obviously we report that and account back to the committee about that. Couple new programs that we had in 2020 were two of them. Excuse me. We hosted um as you guys are all aware of the COVID pandemic was something interesting for all of us. And then the past summers what we did we awarded kids with OASIS passes and Rec Center passes with both those amenities being shut down for the summer. We decided to focus on something else. When we did, we hosted three different community drylook food events. We contracted with different partners throughout the community that have a food truck or bending of some sort. They set up in two different parks and two different or two different schools I would rather and at City Hall throughout the summertime and we fed over 200 at 200 kids at each of those events was very successful event. The cool thing about that was not only was it funds from the employees charities but as soon as we put word out that this we were doing the community stepped up too and they reached out to us and said hey how can how can we help? Here's 50 dollars. I want to feed some kids or here's 100 dollars. So by the end of the time, by the end of the thing we had, we were able to feed way more than what we intended to feed. And then the last program that we did new for this year was shop at the cop. And that's something was pretty interesting and exciting for us. So what we did, we used the SROs and the SROs were able to select a family. Two of our SROs is each, each looked at the family and they went shopping at Walmart again. And I shared this with directors last week, but it was some a little touching story about this was officer Corubius took a family with him and one of the girls that he was shopping with, she, I think she was like 12, 13 years old and she was conscious about how much the items were that she was selecting and she was also questioning if she could buy some stuff for her family. So just to kind of show you the character of kiddos that we're out able to help those. It was pretty cool. Last year we helped 635 people in 2020 and I think this is a little bit of an undernumber. This is the people that we help with food baskets, scholarships, coats. I don't think this is a little bit of an undernumber. This is the people that we help with food baskets, scholarships, coats. I don't think this accurately accounts for the people that we helped with the pop-up food events. Like I mentioned, we were able to defeat about 200 people at each of those events if not more. So I would say upwards to 635 people were able to help last year, which is pretty something I'm really proud of. And like I mentioned earlier, a lot of the funding does come from the city employees to about $12,000 over half of what we do over the course of the year comes from city employees. But we heavily rely on these folks here, community partners that helped and stepped up their different businesses and different organizations, private citizens that help us and do their part to make sure that they're giving back to the community as well. A new one for this year was Dancer's Edge. It's a dance group here in town. The dance instructors there what they did, they reached out to us, they wanted to help how they could help. Well with COVID normal we do, we host a wrapping party right where we make sure all the gifts are wrapped for the kids and we set up in the police horn and basement but we're're gonna do that this year with COVID so we kind of Contracted how did fuel we sent these gifts with these kids the stands for the edge and they did their part at at their home They wrapped you know in a safe spot We brought the gifts back we wiped them down clean them and make sure that they were safe when we turned them over another note where they one I want to mention is a commander to minico and his family, his wife family should say the pickerings they do rather than giving each other Christmas gifts they they extend to cousins what they do is they donate a bunch of gift cards and this year they donated to us over $2,000 so that really helped us tremendously when it came time for Christmas shopping and other needs throughout the year. They've been doing that for years, let's say probably the last five years, that family they get together and give us their Christmas money rather than spending on each other. So I think it's pretty awesome. Here's a few photos. This top left one is what the downstairs training room turns into. And if you notice here, like all these Christmas gifts are wrapped, that's something that we, it's important for us. We want to make sure that when we're giving these gifts to these children, that they have something to actually open up on Christmas, rather than, you know, just the way we collect them and taking them over and whatever, the one on my bag, whatever kit the case. We We wanna make sure that kids have gifts to open and wrap. And that's a big, big left for making sure we're wrapping 350 gifts, if not more, right? But our employees do a great job of getting that done. On the bottom left here, we have a photo of SRO Corrubius and Avery and they are partnered up with their family that they selected. The middle photo here on the bottom is what I was talking about really with the dancers, bringing back the rap to gifts for us. The top middle photo is our police officers at shopping day at the Walmart. Walmart's been a tremendous partner, community partner, and we literally take over the Walmart in early December, where we go shopping. And the photo here on the left, it's kind of been an interesting photo, it's kind of hard to understand what it is, but essentially I'll explain to you it's the food truck that we contracted with looking out and this was the portion of the line that they were able to feed that day. And then I wanted to close out with, you know, City Directors asked us to do a quick promotional video and we did that. We were able to do that with the help of Kristen and her team. So I wanted to share that with you real quick about me. It's only a minute or so. So let me get that screen up and then I can share that with you. The Bright Employee Chairs Committee exists in enhanced lives of community members by providing resources to those in need. The BEC has been in existence for approximately 25 years and it began with two city employees who wanted to provide a warm winter coats to children in the community. Early 2000, the police department was doing their own Christmas program where we were providing gifts to children in the community. While the city employees were doing the same thing, so we were kind of seeing that we were doing duplicating work. So we decided to marry the two programs and bring the efforts the police department was doing along with the city employees and create one program, one Christmas program, and that became the Bright Employed Charities Committee. Since then, though, we've added scholarships, we've also added school supplies in the fall of time, in the summertime we've sponsored passes to the OASIS also the Rec Center, gift cards for seniors in our community, family food gift cards, and then finally we did funding for families and immediately with the BIC and Services program. The majority of the funding for our programs comes from employee contributions, but we also get support from several community partners within the community. Those being different businesses and also just private citizens within the community. I think what makes it interesting or makes it unique is that it really makes it a community project when we have the support of the community and those community partners with helping us out accomplish our goal. So we really appreciate what they do for not just the community but also for the BEC. The goal of the BEC is to help as many people as we can. I think that's why we have so many different projects to kind of hopefully accomplish that. In 2020 alone we helped 635 people with all the projects that we operating last year. Being on the BEC has been a very humbling and rewarding experience for me. I know I share the same sentiment with the folks I work with on the BEC. They feel the same way and they truly enjoy helping people. I hope that we are able to do this for years to come and they'll continue to help that many more people. And with that, that concludes my presentation. Thank you very much. Thank you very much. If we were all in person, I think this is the applaud emoji here. Some of the zoom meetings I do, and I don't see that to put up here, but thank you. Thank you very much. My wife was a little bummed that there wasn't a wrapping party this year. She usually is able to try to make herself available to do that, but hopefully we can bring that back for this coming year Christmas year. So, well thank you. Again, thank you very much. And I thank all the volunteers and all the different parts of the community that has helped contribute to this. See, there's a couple of hands up. Let's go to Councilmember Kushin. Thanks, Mayor. Thanks for that presentation. I love this so much. It's a good start to our meeting. I was furiously searching on TikTok for Brighton Police Rapping Party but I think I had the wrong kind of wrapping part of it. You know I just want to mention that this is just such a cool thing and City Council actually is able to contribute to this as well and I just I just think it's such a cool program that we have in the city. I'm just really happy that our city does this. Thank you so much. Thank you. And next council member Blackhurst. Thank you mayor. Obviously very, very proud of our city employees. And I reflect so well on the city. It's really what makes us unique. As a city. I'm not sure that there are that many other jurisdictions if any that really have this in depth and it's totally employee driven. It's not. I appreciate all the work that Sergeant Portillo put into bringing this to us. There's great job. I'm not saying really good job. We appreciate that. So in closing, let me make a challenge to all of my cohorts. I noticed on that little chart there that we only have two city councilmen that contribute to the city council. I'm going to say, In closing, let me make a challenge to all of my cohorts. I noticed on that little chart there that we only have two city councilmen that contribute to this program. We all enjoy the good publicity, the good will, just donating $5 a paycheck would make a difference and we could really show the employees that we're with them. So I'll leave that challenge to you. Thank you. Thanks, sir. Senator Blocker, it's a good point. Thank you, Sergeant. Definitely thank you for being the lead to this and bringing this to us. We really appreciate that. The video was a nice touch at the end. Thank you. Thank you. Thank you. Good on. Item 4B, Women's History Month Proclamation. So we're going to go a little different. Usually I or one of the council members have read the proclamations. I think this is the appropriate time for our city manager to actually read this proclamation into the record. So, Jane, go ahead. Thank you. Thank you, Mayor City Council. You know, women's history month is so important. And I'm very proud to be your first email city manager here in the City of Brighton. So it gives me even a greater honor to read this out loud. So here we go. It's a proclamation for the Women's History Month, whereas American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our nation and countless recorded and unrecorded ways. And whereas American women have played and continue to play critical economic, cultural, and social roles in every sphere of the life of the nation by constituting a significant portion of the labor force working inside and outside of the home. And whereas American women have played a unique role throughout the history of the home. And whereas American women have played a unique role throughout the history of the nation by providing the majority of the volunteer labor force of the nation. And whereas American women were particularly important in the establishment of early, charitable, philanthropic, and cultural institutions in our nation. And whereas American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement. And whereas American women have served our country courageously in the military. And whereas American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all. And whereas, despite these contributions, the role of American women in history has been consistently overlooked and undervalued in the literature teaching and study of American history. Now, therefore, be it resolved that I, Gregory Meld, mayor of the city of Brighton, on behalf of the City Council, to hear right proclaim March as women's history month and encourage all residents to celebrate with appropriate programs, ceremonies and activities. Dated the second day of March 2021, City of Brighton, Gregory Mills Mayor, Matt Johnston, Mayor of Pro Tem, Claude Blackhurst, City Council Member, Adam Cushing, City Council Member, Mark Humber, City Council Member, Chris Jornelli, City Council Member, Mary Ellen Pollock, City Council Member, and today, City Council Member and Tim Watts, City Council Member. Thank you, thank you, City Council. Thank you very much. What is the pleasure of council? Mayor Prattam. Thank you, Mr. Mayor. I'd like to make a motion to approve the proclamation as red. The proper motion to approve the proclamation as red. The proper motion to approve the proclamation is red. Oh man, here comes a bunch of hands. Council member Watts. Oh, yo, some money, Tim. It's still good computer. And I have to say, I am honored to second that. And I will put my name on the list. And that is the first time we've been on Zoom. And it's my first. I see you, Matt. Well, give me a second. Maybe the third, last week. I would be honored to second that. All right. Thank you. I have a proper first and a second. Is there any additional discussion? Councilmember, join Nellie, I see your hand. Yeah, I'm going to have to just get my tiny bit political. It's ironic that on the women's day, Congress today was going to pass a bill that starts to take away gender from all of us. So I think the citizens and us and anyone who wants to contact your congressmen and tell them we still believe in gender to be a good time to do it. Thank you. Good point thank you councilmember Jordan-Nelly. May I put them? Yeah real quick thanks Mayor I have to say it was one thing to hear such great writing and how that proclamation was written. It's another thing to hear our first female city manager be able to read it and hope you I think that's the reason why I think that's why I think that's the reason why I think that's the reason why I think that's the reason why I think that's the reason why I think that's the reason why I think that's the reason why I think that's the reason why I think that's the reason why I think that's the reason why I think that's the reason why I think that's the reason why I think that's the reason why I think that's the reason why I think that's the reason why I think that's the reason why I because that wasn't a thing not long ago and it means a lot to to mean my daughter and I hope all women and males anybody that takes the feminist core of what it really means to be a feminist. I hope you all understand how much that means. So thanks Jane. Thank you very much Mayor. Thank you. And just to add real quick, not only do we have the first female city manager, but she is very well qualified for the job and that that is very important to you too. And and also I want to point out there's a lot of people in a director role here at the city that's also female that's also very well qualified for their position. So thank you everyone, that serves. And our city of attorney that is sitting right here with us. Yes. Also mentioned, that's a big deal. That doesn't happen a lot either. Sorry, Mayor, things. Thanks. While it's locked the door to a director role in a way, but that's a good one. No. No. Role call vote. Mayor Mills. Yes. Mayor Mills. Yes. Mayor Pro Tem Johnston. Yes. Council Member Blackhurst. Yes. Council Member Cushing. Yes. Council Member Humber. Council Member Mark. Yes. That's a member Jordan Nellie. Yes. Council Member Pollock. Yes. Council Member Tellie. Yes. Council member Pollock. Yes. Council member today. Yes. Council member what? Absolutely. Yes. I know motion passes 9 to 0. Thank you. Also thank Council member watch for pointing out that this month is the women's history month to about that to attention. Okay. Thank you, Council member. I'm not too about that to attention. Okay. Next item five is public invited to be heard on items not on the agenda. So I know there's some people probably waiting to be heard on items that are on the agenda like coming up on the public hearing. We are asking anybody that has an item that not on the agenda to speak at this time. And so if our technology can let us know, I think I see a hand if I move my. Yes, Mayor. We have one. Muslinic over, Chris. As we bring you over, we'll state your name and address for the record and our city clerk will let you know when your five minutes is up. You can unmute yourself and we'd always love to see you on the camera as well. We see ya, now we got a hear you. They grab and trouble unmuting here. Should be a mute button on the bottom left if you're on a PC. There you go. Figure on out. Well, it shows unmuted, but we're not hearing you still. I we can't hear you, sir. I'm going to go to the other side. Well, Mr. Maslanick is working out technical issues. Is there anybody else that's requested to speak? You're on or we didn't have anyone else. You do not have anyone else. Mr. Maslenik can have you worked out your technical issues? Are you able to hear us or you're able to be heard? Yeah, we're not hearing it yet. So I apologize, but at some point we will need to move on. So sorry, Mr. Maslanyck. We will have to move on from this point. So. Okay. So next is the public hearing item 6A. I'll read that to the record. In the ordinance of the City Council of the City of Brighton, Colorado, approving the rezoning of a portion of the Bromley Park Plan Unit Development, 13th Amendment to the Bromley Park Plan Unit Development, 26th Amendment for the approximately 11.412 acre property generally located to the southeast of the intersection of Bridge Street in South 40th Avenue directly north and east of the fire station 52 and then and in the northwest quarter of section 10 Township 1 South bringing 66 west of the 6th principal meridian city of Brighton county of Adams state of Colorado. This is the first reading and continued from our February 16th 2021 meeting. So I will go ahead and open the public hearing with my virtual gable. Like to ask if the city clerk, if she can verify all the necessary postings of publications, we're doing. Yes, your honor. The notice of public hearing was published on the city of bringing the website on January 29, 2021. Thank you very much. Now, before I. Turn it over to the city staff to do a presentation, I will note that we received at the city several correspondence regarding this. I'll read those correspondence onto the record after the presentation. And so let's go on to the presentations first. So City Manager, I used to SESA. Who will be presenting to me? Yes, Your Honor, we have with us this evening our senior planner, Mike Tilca, he will be doing the presentation. But also please note, City Council, that we do have various members from our community development department and planning also members from utilities and public works and of course our director of planning our director community development slash planning polypryther as well and she'll be here to help me answer any questions that the city council may have She will be here to help me answer any questions at the city council may have. With that, I'll turn it over to Mr. Token. Thank you for the introduction, city manager, a good evening, honorable mayor, mayor of 10 and council members in the public a large. For this item, the formal applicant is Cynthia Leibman for the item. The formal applicant is Cynthia Leibman of Page Sutherland Page who is acting on behalf of the property owner, Colombo 11 LLC. Modal parties from the ownership and applicant team will be available to you and the public later this evening as well as the staff members from the entities that the city manager just mentioned. Getting started, as for the city's strategic focus area, this application can be thought up to fit under recognizable in well-planned community. For those unfamiliar with the location of this item, you'll see it circled before you in red, generally located to southeast of the intersection of Bridge Street in south 40th Avenue, both highlighted in yellow, and it is north in east of the newly built fire station 52. Looking closer at the subject property, it is approximately 11.412 acres in size. Currently, the property has a zoning designation of commercial via the Bromley Park planned unit development, PUD, 13th Amendment, with specific use in development restrictions that we will go into further in a few minutes. We are here tonight because the applicant is requesting a zone change, commonly known as a re-zoning. Re-zoning is the second step in the land development process with the city. Before any permits can be issued, there are public and administrative processes that must be completed after zoning. Those where and are further outlined in the written report. All of those processes and applications will be reviewed using the city's adopted Land Use and Development Code and applicable items such as master plans to ensure any and all development proposals are in compliance with city codes and policies as adopted and put into place by city council. As to why this rezoning is being requested, well, the owner desires to expand the allowed uses on the site and alter certain site specific development standards that were sent into place by the current existing PUD. It is important to note that no user or users have been identified for this property nor have there been any applications received to plat or build on the property. The only application submitted to the city is for rezoning. on the property. The only application submitted to the city is for rezoning. It is now worth addressing the process a bit more in summary. The Bromley Park inxation agreement outlines that the accompanying PUD is vested for a period of 40 years. It is still active that being the Bromley Park PUD. Additionally, the adopted Bromley Park Land Use Regulations allow PUD amendments to the Bromley Park PUD and its subsequent amendments, which one of those subsequent amendments covers this property. So for its review, city staff is using the planned development, PED criteria from the updated Land Use and Development Code approved by City Council. In the written report, city staff further outlined this thinking in greater depth. For those in the audience, unfamiliar with the process, as the rezoning is reviewed, it is important to refer back to the review criteria in the adopted code to ensure consistency in review and I'll summarize these shortly. Now let's move on to a bit of history and background on the site. Before we dig into those review criteria specifics. In 1986 the subject property was annexed as part of the Bromley Park 2 annexation in zone as single family attached. What that means is, do plexes, try plexes, four plexes in town home units would have been allowed at that time in following it via the Bromley Park beauty first amendment. the city's city's city and the city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's city's C3 General Retail and Services zoning district. Additionally, the 13th Amendment outlined certain design standards and lot standards for the property. At that time, these design and lot standards pertain to a major perspective tenant, given that this tenant in accompanying users never materialized at the location, the owner and the applicant now seek to rezone to allow for an expanded mix of possible users allowed under the standards used in the Brownlee Park Beauty before that specific amendment was adopted. So prior to that 13th amendment and after the 1986 zoning, the property was zoned in 1994 as part of the Second Amendment as commercial for just six acres to the southeast of the intersection of 40th and bridge. The rest of the property, the remainder, was zoned from multi-family. It's worth noting that this is the second rezoning application for this subject property by this current ownership group, SENSTAG TOOK UNERSHIP in 2007. In 2007, the owner acquired this property as part of a larger purchase of a larger acquisition that included over 300 plus acres in the Bromley Industrial Park. This owner is active in our Brighton community. So the subject property, just to note, it was not part of the 24th amendment heard and approved by council in 2020 as some of you may remember which included accessory garages and down zoning the area to the south. So let's recap that information I just provided and I'm going to focus this recap on the allowed uses only since it's been part of the city since 1986. So the property could have been developed completely with multi-family residential density product from 1986 to 1994. Then as partially-zoned commercial in the rest as multi-family, the entire acreage could have been developed as multi-family from 1994 to 2009. And then from 2009 to today, all commercial can be allowed. If this zoning does not pass, commercial will still be allowed. Uses. So pivoting a bit to aid in determining if this area is ripe for rezoning. Let's look to the surrounding uses in zoning districts. And we can use the zoning overlay as a point of reference. So to the north across across bridge, we have commercial, retail and office uses think it's buffs landing in the school district office. It's worth mentioning that many of those commercial pad sites in buffs land and are undeveloped, are built and have been for quite some time. To the south, we have fire station 52 in a small abutting portion of the undeveloped single-family detached subdivision. To the east, we have a future road, which will go along that bend there, but on the other side of that, we have one of our city's water tower and utility sites, a park, an undeveloped multi-family residential on the lot where temporary soccer parking has traditionally taken place the last few years. I want to know that that temporary parking lot is entitled for denser residential product today and could be developed. Into the west across 40th, we have undeveloped commercial land in Fesant Ridge. That has also been undeveloped for some time. So that is what we have directly adjacent to the subject property to give you everyone a little direct neighborhood context there. So let's move on. Looking at the PUD amendment itself, and I'm only showing this on the screen, not for everybody to read everything that's there. The entire document was included, and it was magnifiable in the packet as part of the record. I just want to generally show the whole document. This PUD would allow all the uses outlined in the Bromley Park Land Use Regulations for the commercial designation. To be clear, this would open up the property to possible multi-family residential uses as well as keep the general retail and service commercial uses outlined in the city's C3 zoning district. That is our most broad, general retail and service district. I want to note, for those in the audience, that this Bromley Park land use regulation outlining of the commercial designation is for, quote, a mixed use district, including general retail, service, office, and multifamily uses intended to provide local and community retail uses and services, as well as any office use designated to provide administrative, professional, and in the professional service category. Land within this classification is located on arterials and quote, this particular site is directly adjacent to two minor arterials. It is important for this city council to consider the rezoning under the entire scope of uses that could be allowed in the desired zone district. The 13th amendment that currently in place zoning district, also in addition to the uses, outlined standards that provide specific dimensional standards for retail and outdoor sales, including no minimum floor area requirements for principal building, and it also allows for canopies and certain overhangs to encroaching parking areas and set in the setbacks of up to five feet. The proposed PUD amendment seeks to remove these really site-specific standards for the property. Our new Lee adopted Land Use and Development Code outlines all those outdoor sales and overhang encroachments in depth. So there is no need in city staff's opinion for site- specific ones that differ from those allowed elsewhere and have been shown to work citywide. As the proposed PUD amendment removes the allowance of no minimum of floor area for principal building, commercial uses will be held to minimum of 1500 square feet as outlined in our Brownland Parkland use regulations. The proposed PUD amendment does carry over the minimum required lot science of .5 acres. And staff is comfortable with this, as it is used elsewhere in area zone as part of the Brownland Park PUD, and this standard will allow for adequate space to be parking, landscaping, open space, in similar requirements, as well as provide clarification. Now, I've gone through this particular item more in depth in the written report, as with any other item or detail, I and others can provide more clarification tonight at anyone's request. I just want to make it clear that this request tonight is for more than allowed uses. So as shown before you on the screen, highlighted by the orange row, well, oval, I want to highlight something else a little bit more. The 13th amendment is being proposed to be removed in its entirety for the property, and it's the intention of the applicant to use area standards in like uses that we've seen elsewhere in this corridor. In our green square highlight on the screen before you, I think this is really key to outline. The design standards set up by this PUD proposed that multifamily residential development may take place according to the standards outlined in the land use and development code. Now this sets different height restrictions than you see going for the apartments known as the Chiroi ones to the northeast corner, sorry, northwest corner, 50th and bridge. And it outlines that the commercial development can take place according to the standards outlined in our Bromley Park Town center regs and if not covered in there documents for commercial proposals. And this is key for the public and everyone on this meeting today. I want to stress that this is the, this is a similar outline to what we seen for the other areas along 50th and bridge in word one in parts of wood for. This tells everyone what standards to apply and when. It sets expectations publicly for all. That's for the second page further in the area highlighted in the red rectangle. Just want to make clear that the entire 11 and a little bit under half acres is being looked at for the same designation as I have described and we'll go into it a bit further here. So moving on, the future land use portion of B Brighton or Comprehensive Plan has designated this entire area as appropriate for commercial land uses. Along Bridge Street in the 50th Avenue corridor. In the area zone, this is part of the Bromley Park PED and its subsequent amendments. The same comprehensive plan designation of commercial is in place where properties are allowed the same degree of residential development as proposed in this PUD. This is because they're governed by those uses allowed from those land use regulations in Bromley Park in that commercial designation. Well, the rezoning of this particular property to allow both commercial and multi-family residential uses is not completely compatible with the comprehensive land use designation of commercial. The Bromley Park commercial zoning has always allowed for multi-family residential development on top of those commercial uses. As such, and as noted earlier, the property has historically allowed a degree of denser residential uses and only was limited to those C3 strict commercial uses with that current 13th amendment in order to meet the demands of a large proposed commercial user with specific needs that were not covered in the York code but our address in that new in-place code. So as we know, the comprehensive plan is more than just the future land use map. So looking further into the plans chapter on citywide principles, policies and strategies for the guidance. But this proposal can be found to advance a number of the goals outlined in that plan. In summary, with greater detail provided in the written report that's also part of the record, the managing growth principle is supported as new development at the property will favor in existing area of infrastructure in planning. The expanded allowed uses could help the property to develop in an area that is surrounded by areas of coming in existing development and infrastructure investment. Development at the site will be able to connect into existing roadway in utilities networks. As I mentioned, the site is bounded by two minor materials per our adopted master transportation plan. This is where we expect traffic to go. As for the freestanding city principal, the proposal can be thought of as being in support. Has its adoption could allow the site to develop in a manner that will support the city's desire to have an appropriate balance between residential and non-residential uses and it will help to focus urban development within the urban service boundary where the city already has invested in infrastructure. Moving to the economically vibrant principle, it could be supported by the proposed amendment as the property's development can be seen to support nearby be furthered by allowing multi-family residential development at the property. Additionally, the last of these principles, the community design principle, the one that seeks to promote well designed commercial centers could be furthered if the property develops under the guidelines laid out in the proposed PUD amendment. Now, I wanted to depth on as a little more than we typically would verbally, but I think it's good to highlight for the public that this proposal can fit into a number of the visioning ideas that are in our adopted city plan that city staff uses to review that is part of our review criteria. So let's now focus our attention on the land use and development codes, plan development review criteria. That as we know shall be applied in use to make a decision on the matter because as mentioned a major PUD amendment is permitted. In the coming slides, how have the full text of each of those review criteria on the screen, but I'll verbally give a summary of the item in the city's review comments. Full detail was, it is included in the publicly written report. Multiple staff members are here to expand on it. Should it be needed in the question and answer session? As for item A, it is met according to city staff, as the proposal will encourage development at the site that meets a number of policies of the comprehensive plan that I've just outlined, and it will allow the property some flexibility to further encourage development that a general zoning district would not. Moving on to item B, staff finds that the flexibility in the proposal will allow the property to develop similarly to other nearby areas with the same PUD amendment zoning under the Bromley Park area. The possibility of this property developing as either commercial or multi-family or mix of the two will meet a citywide demand for diversity in retail service housing, especially housing type and cost possibly. Moving on to our next one, item C. The proposal will allow the site to develop as outlined in those Brownlee Parkland use regulations, commercial designation, the same base district, allowing a mix of commercial and multi-family uses. One more time, has historically been used for multiple commercial areas in the court or directly to the east. You know, I want to stress that point. As for item D, the proposed standards do not undermine their original intent or design objectives on the item E. According to staff, we'll allow the property to develop in a manner that will support and advance a number of policies of our adopted comprehensive plan and widely held sound planning design principles consistently sought to be applied by today's city staff members. And finally, item F, it calls out that the proposal should meet all five points now before you want the screen. In summary, according to review by city staff, it does meet all review criteria for zoning map amendment as the properties rezoning will help support those policies've outlined. The development of the land, according to the proposal, will ensure that the site develops similar to other properties in similar zoning designations in this nearby commercial corridor. And aiding this item further, the surrounding uses are compatible with the use of this property as commercial and or multi-family residential. or multi-family residential. Continuing on, staff finds the property can be adequately served. The property is currently limited in uses and the property would allow for an expanded set of possible uses that will serve a community need for either expanded retail services or housing divinity. Now, we need to break this out a bit more. And with me, you know that means, let's go down that painstakingly thorough route. So this property is part of a master planned community, Bromley Park, where varying housing products were envisioned when Annex and created in the mid 1980s. Multifamily residential and single family attached residential areas of development were created and outlined from inception. The property as part of that larger master plan community, where at the time of annexation and original formation, the applicant submitted overall drainage, traffic, in utility reports, was itself accepted and approved by the city, as were the accompanying master plans for drainage underground utilities and traffic, in this plan, the overall Bromley Park PUD area, that developer and those PUD areas were granted a total number of residential units of 12,476 today. That number has yet to be met. It is also unmet with developed, implanted lots as multiple nearby areas were developed at a lower density than initially permitted and written into their agreements. The units today between built, platted and estimated within that boundary where that 12,476 is allowed is estimated to only be at 8,263 units. Leaving the entire Bromley Park master planned area under that overall total and the figure being under 4,213 units. That's under the envisioned allowable master plan number of units. Moving on. As you know, I just said the sentence, the property can be adequately served. So let's break that apart. It can be adequately served if the future users, as we know, we only have a broad idea of what those future users are at this point. When we have those exact users, city staff digs into further with the applicant to ensure that those proposed users and their uses, what they're using for our city streets, roads, drainage, traffic, water, etc., are in line with those adopted master plans for all those areas. We look to see that there is capacity in any added unit count, commercial square footage, commercial user, et cetera. And I wanna know for everyone, any future site developer and user will pay applicable costs to connect the city infrastructure. All right, so let's dig even deeper into some of those subject areas because I know there's been a lot of conversation on these and your city staff always wishes to be transparent and that is always our direction from this leadership team. So let's dig deeper. Proper storm drainage can occur once the subdivision to the south, right and crossing six, which will be before this council, hopefully in the next few months, is completed as its development requires regional pond construction at the southeast corner of South 40th Avenue and southern street. The adjacent right-of of way for 40th, which is currently being drained to the property as a temporary solution, which many of you have probably seen there north of the fire station, we'll be able to drain the final condition with the construction of the North-Paltfall project. The estimated time of completion on the North-Paltfall is within two years. Due to development of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of First, they would be responsible to make those improvements and your city staff would hold them to it. Moving on, per existing agreements long before, probably just about every city staff member, definitely every city staff member on this call was part of the city to serve the development on the property with water in sewer service. Additionally, per those agreements, development on the property can pay a fee and lieu in place of dedicating raw water shares. We are obligated by our forefathers and mothers. Moving on to perhaps the one of the largest topics of conversation in our community, our nearby road network, many items to consider as you know. So let's dig into those a little bit more. North 40th Avenue is planned to be built north of Bridge Street in the coming years. And city staff is currently in the land acquisition phase. I know there are multiple phone calls on that today by City staff members, actually. The next one, the developer of that Feustura residential area to the south is being tasked with making improvements to south 40th to increase the level of service henceforth I refer to as LOS at the intersection of Bridge Street. Once we know, and this is a great example, once we know the end users and their impact on the system, we right size the improvements they need to make. We get them to make those signal improvements if they're gonna alter the impacts to those signals. So additionally, that developer to the south, we're hoping and we're planning on bringing it forward that they'll be contributing to that future signal at the same intersection, 40th and bridge. That signal will be placed when warrants are met and those are expected to be triggered soon after the construction of the area to the south. So we might already have that signal there before any development happens on our subject property. Backed our subject property, the future developer will be tasked with submitting a traffic impact study and report to city staff with any application for initial development. When this is reviewed, your city staff may require nearby improvements based on their impacts. This will likely include contributions to a future signal at 42nd and bridge. As for bridge street, city council gave city staff direction as part of a CIP to expand the roadway from where it is currently only one travel lane in each direction from 27th to 42nd to be built as soon as possible to the final roadway condition. City staff sizes improvements that come from site users appropriately when traffic studies that relate to their new uses and users are conducted, these are at stages later in the overall development process after rezoning. Now, the great thing is with the new code that's in place, City Council will see what staff is recommending, what the applicant is providing, have input on it with those particular user subdivision development specific improvements as part of a future subdivision plan that will come before Planning Commission City Council under our new in place code. So at that later phase and step, city staff will bring a recommendation for improvements based on those studies submitted by the user in applicant to ensure that extremely recent data is being used to size those improvements to those current and future conditions. As we know, development might not happen on this site for number of years, conditions may change. Other developments will be in place. We as your city staff want to make sure improvements are sized appropriately at the time those users are coming in. Power Public Works team, it should also be noted that the city of Brighton will be the required entity to build a future interchange at I-76 in Bridge Street as our engineering manager for Public Works has stated C-Doc will not fund or construct that interchange. The interchange is in the city's master transportation plan. It has, preliminary, been designed with a future phase in construction pending future budget appropriation by city council. As for the nearby LOS remember our level of services city staff provided in the written report data from recent reports for nearby developments. Before we get into those the interchanges of 76 in baseline with baseline and broadly remain areas of concern and the hope is that that future interchange at 76 in bridge street will help alleviate those. So in summary, for the good of those present, we know traffic is being mentioned a lot in our community, especially in the adjacent areas. Let's go through a few specifics so that we start our question and answer session coming off next with data. Your city staff looks at data. The un-signalized intersection of bridge and fortieth is currently operating at a level of service of sea or better during the morning and afternoon peak hours with the exception of the northbound approach, which is at operation at level up. The anticipation, as I mentioned, is that we know the intersection will require signal control soon, and once that is in place, it's expected to operate at level of service B. As we mentioned, we believe the subdivision to the south will trigger that future signal. And as I've noted, city staff may require the same for other intersections and improvements, turn lanes, things like that. For many, future developer on the subject property that would be outlined with future phases of development. Moving on to the intersection of Bridge and 45th, the recent reports show that it's operating at a level service of B during morning peak hours and A during the afternoon peak hours. By 2020, it's estimated that the intersection will operate at an overall level of service of B or better during morning or afternoon peak hours and expected to do so through 2040. As for bridge and 42nd, overall, all movements have this unsignalized intersection currently operating at level of service B, sorry, C or better during morning and afternoon peak hours with the exception of the southbound left-through movement, which is at E during afternoon peak. By 2022 several movements are expected to be degraded to E or F. City staff anticipates a contribution from a future developer of our subject property to improve or signalize that intersection of 40 seconds in bridge and we will require and receive contributions from other nearby developers for new developments, right? Sizing those contributions based on the impacts they're going to provide. So our public works team is going to continue to monitor that intersection and provide get updated traffic counts. So moving on to just, I want to cover two more intersections super quick. Forty-th and southern, they always stop operating at the current level of B during morning and afternoon peak, 2022 expected to be down to a C for afternoon and still let a B and expected to do so through 2040. And then 50th and bridge overall, it's expected to be at level of service C in the 2024. As I've mentioned, this is part of a master plan community. The improvements to all networks in this area were done with that 12,000 unit count in mind and as we know, we're estimating only to get to around 8,000. So applying all these items, I've just mentioned to the development process overall. For one more time for the public and anyone else listening, any user will have to demonstrate that their proposal is in line with all the master plans for the items I just mentioned. Your city staff will not grant approval and even recommend advancing it to this city council to review unless they're in line with those master plans and they can be served which would be in line with the master plans. We double check the mixture to that infrastructure can be handled. Resoning, which is where we're at tonight is not the time to determine roadway or other infrastructure improvements particular to an end user. Certain users may require or trigger upgrades to signals, turn lanes, etc. City staff works with the applicant to set those when the users are known at that future time. We look to make sure that all of the city systems can handle the traffic, water, soar, and drainage when the end of user is known. Anything proposed in those master plans, capacities within those, operating within those will cause the user to still make necessary improvements, but if they're going to go above and outside of our bounds of our master plans, significant improvements will be required at that point. So cover those a bit more from our development partners. 27J our school district. At the great conversation with them. If a residential development is to be built in occupied on this subject property in the short term, potential residues would attend PINEC, elementary, overland trail, middle school, and bright and high school. PINEC has had a quick capacity for the next 10 years or more per the school district. Overland, we'll likely go over capacity around 2024 per the school district. And, over the school district, bright and high is over capacity. Per our planning manager of the school district and I just wanna quote, so you know, these are coming directly from them. If a potential bond measure is passed this November, it will include capacity relief for overland in bright and high. 27J will review any development proposal with residential unit accounts in the future when they are submitted and they provide detailed calculations on the estimated number of students generated for each school. So they have a time a few years, months, how to get their capacities worked out at the school situations before those residents in our future students move in. Per 27J, the only stated occasions in which 27J has objected to a development is when a developer has refused to pay cash and lieu of land dedication and or contribute to the capital facilities V foundation to help mitigate the impact of the students on 27 days facilities, particularly if they are overcrowded. It is their belief that this has never occurred in Brighton because this city council and your leadership of your administrative wing of state staff has always required that those two obligations be met. So there are we at this city staff and this council requires our developers to do as much as possible for our students in our school district. City staff, we felt our friends and partners at our fire risk industry. Given the stations adjacent location, we wanted to make sure that they were anonymately involved. They stated in writing that they are not opposed to the rezoning. So we're mentioning that the fire district will be part of our reviewing team for future site development and building plans to make sure that the radius is on the med and to's the same site. Additionally, our bright and least apartment is always notified and is always a reviewing member of of most of our development proposals in the stages after resounding. We want to make sure that they get ahead of their staffing needs as well when they know our cities, residents or commercial uses are growing. So in conclusion, as to criteria, city staff finds this site has appropriate for a variety of uses given its specific location. It's a very unique situation in site. And based on the desires of the community, as expressed in the comprehensive plan. Site development, including buffering, billing design will occur in accordance with the applicable standards outlined in our few-day documents. Any site, any development on this site, will only be permitted to advance with the design that ensures the fits in with the context in development patterns of the area. We can already tell you that would include a significant landscape offer to the south where it will buy a few single-family residential lots behind the fire station. Let's move on. It's now necessary to note that all required mailings notices and site sign postings occurred in accordance with the adopted code for public hearings as displayed before you on the screen and is outlined in greater detail in the written report. And they were also carried out for the neighbor mailing notification for both hearings was increased to 1000 feet as triggered by the code in our director given that the adjacent parcels are quite large in a total of three signs were posted for each public hearing onsite along 40th bridge in 40 seconds. the city council on February 16th. As of the start of this meeting, all comments submitted in writing are with the city clerk in planning staff has only fielded directly to general inquiries. Nothing to add to the record at this time. I do feel it's necessary to highlight one of the great provisions by the newly adopted land use code outlined neighborhood meetings on October 8th of last year. The applicant held the required neighborhood meeting before their application was submitted to the city of last year the applicant held the required neighborhood meeting before their application was submitted to the city as required. Given the pandemic potential attendees were given the option to attend in person outside. Well observing social distancing in a picnic for the Indian in the park or virtually. The notification mailings were sent by the applicant. The property owners within a thousand feet of the subject property. And included meeting information for both of those options. The applicant and property owner had several members of the team available to present their proposal for any questions and take feedback from meeting participants. Lastly, for this section, any staff are colleagues in the Communications and Engagement Division in Department, published public hearing information for this meeting in the previous one on various forms of social media in the days leading up to this meeting in the last one. As we know, that's where great deal of chatter occurs in our community and discussion. As for staff recommendations, our development review committee has reviewed this project proposal and recommended approval based on the review criteria. And where we are in at in the wide range of the overall development process in mind. The development review committee for those in the audience unfamiliar is made up of several professional engineers, certified planners, and other skilled professionals each with focus areas in which they are subject matter experts. Our city's planning commission appointed by City Council heard the request on January 28th of this year and recommended approval unanimously after their public hearing was held. Your city staff finds that the zone change VAPUD amendment is in general conformance with the requirements as outlined in the approval criteria step 4 in section 2.04C1 review criteria of the land use and development code. And therefore we in it must recommend approval of the PUD amendment as proposed and presented. City staff has proposed a draft ordinance that recommends approval of the proposal should City Council agree with such a recommendation based on City staff's review of the applicable codified review criteria. At this time, this City Council has four options when reviewing this proposal before it may approve the proposal via ordinance, approve a modified proposal via ordinance, deny the zone change, via pd amendments, the ordinance with specific findings to justify the denial or continue the item to be heard at a later specified date if this council feels it needs additional information to ensure compliance with the approval criteria has set forth in the Land Use and Development Code. For those in the public unfamiliar with this part of the process, a second reading of the ordinance, if approved on first ring tonight, we will be required at a future meeting. It is necessary to note that a denial by city council of the item before it must be because the council does not find the item to meet one or more of the review criteria outlined in the staff report and shown on the presentation slides. If the denial is put forth, the motion must outline the particular review criteria that the council finds the request does not meet. Thank you all for your time. Inattention this evening. I look forward to any question asked to do the rest of your city staff members here to assist the deliberations tonight. Thank you for the extended time on the floor honorable mayor Mills. Thank you Mr. Tiltka. Thank you for your very detailed presentation as always. Mr. Tiltka is the applicant in the audience. Yes, honorable Mayor Mills. There are six members of the applicant team that wish to be pulled in to be available to yourselves and our Brighton public for the question and answer portion. And Mr. Chris King, one of the property owners, desires to kick off the applicant's comments to this body. Okay, well, before we ask anybody any questions from the public, I'd like to ask the applicant if he's got anything to add to the presentation. Yes, this is Christine. Can you hear me? Yes. Okay. And you can see me. I assume I can't see myself. Okay, how do I look? I wanted to first commend Council in the city for the women's history recognition. I'm a father of five daughters and one granddaughter so that is a topic that's near and dear to me. and one granddaughter so that is the topic that's near and dear to me. So you know very nice recognition to go forward with a mission like that. My I represent colonial partners myself and Paul D. Chrisiness are colonial partners. I think Paul is listening in as well. We're a long time Colorado residents. We both went to Colorado State University. We graduated in 1982. Paul's family is largely from Adams County and Brighton. We both reside in Denver now. But we've been doing business in Brighton since 2005 really. We acquired this property as well as the Bright Bromley Industrial Park in 2007. And that's the industrial park that's about two miles to the east of this subject property where trans of the community with various programs and economic development missions and things like that and are proud to be part of the community. This site has been one that, what we're trying to do is go back to what it was when we first purchased it. Back in 2007, I believe, King Super's came to us and we're interested in going on this site so we went through the mission to get it rezone to a comedy solely them and while that use at the time I believe was mostly approved they had ideas for outside storage for their landscaping and lawn garden center and outside uses like that that Made us go and redo do the rezoning Subsequently they went on down the road to where they are now. So the site sat in over the years we you know We're you know, this is our business. This is what we do. We buy and land and develop it and This is our business. This is what we do. We buy and land and develop it. It worked the site to really work from the commercial standpoint and just really had no interest at all during. We went through the downturn, the economic downturn in 8, 9, and 10, and then things slowed down and bright and really throughout the whole northern NSA. And then time is now. say and then time is now. We sold the site, the fire departments really, that was not a money making mission for us. We felt that it was good for the city. It would help development there, ultimately, both for ourselves and the surrounding sites to the south and our goal is to develop our sites. So we did that and I think they've got a nice facility there and we're trying to build off of that. But you know, we don't have anything in mind right now. We don't have another developer or project or something driving this, but we do react to the markets and what comes to us and we've had inquiries from different sorts of residential and for rent and different kinds of multi-family there over time. And we just felt like the areas is largely we think underserved, residentially and over served commercially until we can get a better business base. And it's all cause and effect or checking in the egg. Have we wanna say that our Burmese industrial park, there's roughly a thousand employees that are right now working in that park and it'll be twice that by the time the various buildings get developed and all of these people meet somewhere to live. And we've seen some of the comments, the public comments have been out there regarding what might the price level be or the tenancy be of any multi-family that goes there. And while we don't have a plan in mind right now, just the simple economics of the world are really going to dictate that anything that gets built there are going to be rents probably in the 1700 to $2,000 a month at a minimum just because of the pricing of commodities and labor and everything that goes there. So we all know that housing is an issue in Colorado in Denver and Northern Colorado to be affordable so that working people can have a place to live. It's harder and harder for people to save, given the economic times or under. So it really lends itself to four rent types of property. And as we look at the multifamily that we're speaking of, that comes in many different forms. You know, I think people's idea of a three-story walk-up apartment is what your mind goes to said what we've always seen. But multifamily has come a very long way and there's different designs, there's cluster housing, there's town homes, there's rural homes, things like that. This site's geometry is going to dictate really what can be done there, but there just isn't a plan and I think the connotation of low end apartments where I think folks mine tend to go to is just not what we'll go there. It's just definitely not feasible anymore. So really that's where we are. You know, we're hopeful for approval here so that we can go on with our mission and see if we can do something with this site. Like I said, this is our business and you know Paul and I were just two guys here. We were not a huge company. It's our livelihood just like everybody on the call and perhaps the people they're going to speak. We need to do something with the property at some point and if we're forced to go back to commercial, I think there's going to be you know a number of concerns that people might have with 24 hours kind of service, truck deliveries, dumpsters, box containers, all kinds of things that, I think are far more intrusive and create far more traffic and things like that than a small residential type project. So that's really all I have. I'm open to questions and Mr. Tilcutt, it's such a good job. Thank you Mike and that presentation was just really thorough. So I'll leave it at that and answer anything anybody would ask us. Well, thank you very much. For your comments. Mr. King. Before I ask anybody in the public that wants to speak, I'm just going to go ahead and read some of the messaging that we have received over the last little bit. That's been requested that I read into the record. First one is from a Lori Patrick. It says, I'm opposed to the lot being used for multi-family dwellings. There are so many negatives for the homeowners who already live here. The traffic and noise that we'll bring to begin with. With the fire station there, if there is an emergency, how will that impact their ability to help when it is needed? Will it be a strain on the school system adding that many more children. What about the water solutions or situation? Will there be enough water for all of us? Not to mention the water pressure. The pressure is already low in this area, will this add even more strain to the system? There is also the crime aspect bringing in more people will bring more crime. Let me ask real quick. Do you want me to read them all or would you like to just respond as I read them? Mr. King. You're asking me a question. Yeah. Would you like to just read them all? You want me to respond? Would you like to respond? I think just read them all please. And I think much of this has been answered with, you know, Mr. Tulkas presentation. I'm happy to. Had my two cents, but I think but just here at all. Okay. No problem. And then the next one is from Troy Williams. I'm a homeowner in Bright East Farms neighborhood across the street from this property. I would like to voice my concern for the possibility of this property being another corner like 50th and bridge with who knows how many thousands more people will be coming to our neighborhood. More apartments is not what this neighborhood needs. It is zoned commercial from what I understand. Please see it remain that way for all sanity is from a toy of them here. Next is from a Glenna Carl. I wanted to reach out to you and let you know my concerns regarding the seven acres that are being proposed for a zone change. I purchased my new home back in August last year. I was told and had the understanding that the seven acres on Bridge Street was zoned for commercial. It has been brought to my attention that this land is now being proposed to house additional apartments, all communities need apartments, and that I understand or understood. However, this part of East Brighton cannot sustain more traffic and the infrastructure cannot handle or provide water or drainage. We already have two new large apartment developments being built in this area. I feel just because the developer wants to change the use of the land does not mean this option should be considered. I'd't think that's the right I don't think that's the right. I don't think that's the right. I don't think that's the right. I don't think that's the right. I don't think that's the right. I don't think that's the right. I don't think that's the right. I don't think that's the right. I don't think that's the right. I don't believe we do. We'll send these emails to all council. So you'll see them. So next is from Roger Farrell. I brought I bought and built a home at 148 Mount Elbert Street and paid a premium for this lot. The reason it is a premium lot is that we have an unrestricted view of the West and is a low traffic area. He's only changed to the a four-de-medman land, allowing multiple story dwellings would not only restrict our view but would add additional traffic to this area. When we purchased the land was zoned like commercial and we would prefer it to stay that way not apartments. So that's from Roger Farrell. Next is from Ron Bifur. I'm writing this morning about my concerns through the app Nextdoor. I learned that it's concerning or considering making a change to allow for apartments there. I moved to Water Tower Park last August. Never view of the mountains right now and know that someday that will change. We feel homes are a much better option for the future than apartments. Some mental, some mentally of some people don't care what they do when they rent 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 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 resources to clean up after them. Please don't let this happen. Let's go on, Bifur. Next is from Stephen Dreyling. I'd like to ask why the council is giving out building permits like they are nothing. I've lived here most of my life and it was a nice little country town where you could have dirt roads and fields and farms. Now the city officials are handing permits out for apartments, liquor stores, tire stores, automotive stores and home builders. And we really fit another tire store in town or liquor store. Is it all about revenue? Don't you want to wake up and feel good about something besides, okay, yeah, whatever? Think about it, please before it's all gone. Give me a break from giving out building permits. Next from Steve Drilling. Next is, let's see, Chena Padilla. I'm writing you today in regards to the proposed rezoning of the land located off 42nd and Brinstree. I first became aware of this happening when I drove by the plot of land because I live right next to it and drive by it daily. I called and spoke with very with a very nice gentleman in the community development department and they stated the land is privately owned and will potentially be re-zoned from commercial to commercial and multi-family residential. I was immediately concerned due to the fact that the potential apartments will be built on the street that I just brought a brand new house on. And being told that this part of the East Brighton cannot sustain more traffic. Also don't leave the water system can withstand so many new multifamily homes being built. By my understanding, there has been no upgrade to your water system within the city to take on so many new homes in this area. I'm also being told this may not be enough drainage in the area. When we bought our house, we were not told there would be several apartment buildings being built on our street. This could have been a determining factor as to whether or not we would have purchased our home. I'm asking you that you reconsider the approval of these multifamily homes on 42nd and bridge, the homeowners do not want this community to be added to our homes that we own. We are asking that you please review the other concerns listed above and respond as to whether or not this area of Brighton can sustain so many new units and how this may affect the homes that are already here. Thank you so much for your time and consideration that's from machine up at the end. I have a couple correspondents from Pete Nelson. They're kind of long. I'm just gonna read the latest one, just due to read the latest one. Just do the time here. After the recent colossal failure in the state of Texas to thoroughly analyze their infrastructure, which resulted in last week's catastrophic catastrophe, it behooves the city of Brighton to take a hard look at our city planning. Parments are being planned to pop up everywhere in East Brighton. And the last thing we need is another crisis related to infrastructure, water pressure, traffic bottlenecks and power failures. For example, in 2019, I was directed to an individual in the water department and asked if there had been a thorough study on the impact of local water of a 288 unit apartment along speaking 42nd. The response I got was paraphrased. If we thought there'd be a problem, we wouldn't have approved it. This lackluster response begs the question. As to whether the city of Wright has done an exhaustive study on the effect that the many potential apartments will have on the city's infrastructure like water utilities traffic to name a few. If the answer is no, not exactly, or everything will be fine. Alarm bill should be going off in every resident's head that lives in East Brighton. The city of Brighton appears to be afraid to resist the lure of tax money from developers, but has the city asked itself what it will do if the pressure is dropped to a trickle or traffic and power issues are recurring nightmare. And is there a, is there no good solution? So I strongly advocate that an immediate, more torrent be placed in all East Bright and apartment projects, which have not reached the construction phase until the city council and city manager have had a chance to thoroughly review the totality of infrastructure planning for East Brighton and are completely confident that all possible unforeseen occurrences have been taken into account. That's from Peter Nielsen. The currences have been taken into account. That's from Peter Nelson. Then I'll read one more from Leah Tucker and I'm just going to read the portion that pertains to this subject matter. It says just wanted to touch on both of these items that I feel at no value for current residents of Brighton. We have plenty of apartments in low income housing. Brighton does not need to be the low income, small housing city of Colorado. We do not have the commerce slash job opportunities and infrastructure to support all of these renters. Best is laying off hundreds of people as we speak. The remainder of our correspondence had nothing to do with the current discussion. And so that's from Leah Tucker. And so that's the recourse fondance that I was asked to read into the record. When Mr. King liked to respond, or should we go ahead and ask the audience questions? Oh, um, it's like our city attorney would like to see something real quick. Um, yes, I was just going to say there is a time after the rest of public comment for the applicant to respond. Um, so I was just guessing that we follow that. No problem. So we will go on and I will just ask real quick. If there's anybody in the public that would like to speak on behalf or against the request. And if our technology can confirm looks like I see Chris Messlana has his hand up. Bring him in and have Mr. Messulanik stated name and address for the record. Hopefully he's hopefully he's able to be heard this time. Yes, Mayor. Chris, you have five minutes. Go ahead. This was actually on items not on the agenda. This is the reason I raised my hand. I was unable to hear if we were going to continue that item or not. So this is not on this agenda. This is the reason I raised my hand. I was unable to hear if we were going to continue that item or not. So this is not on this agenda. Right now we're going to have to read on the item that's the picture to the public hearing. Right. That's why my hand was raised. So. I have nothing to add to this public here. All right, thank you, sir. If technology can let me know if anybody else, I see there's a George Ryan that has requested to speak. If we can bring George Ryan in, if there are any, please take a name and address for the record and you have five minutes. Please unmute your microphone. Mr. Ryan, if you're speaking, we cannot hear you yet. Okay, that's all right, didn't unmute. There we go. We're drawing in 352 to 142nd. I'm directly across the street from the 288 VISTA apartment complex. Two blocks away now, we're talking about, I was sorry, three blocks. across the street from the 288 VISTA apartment complex. Two blocks away now, we're talking about, I was sorry, three blocks. We're talking about thinking some warm multi-family homes. There's 315 gold in on 50th and bridge. And if I count right, that's close to 1,000 new residents within a one mile radius. And you know, all the things that Mike had said about how our infrastructure can handle that, that density of population, we're gonna have problems, I don't care. What the 1.6 parking per apartment says or anything else, we're gonna have problems with parking, we're gonna have problems with traffic. We're going to have problems with traffic. The second item is the traffic signals. I heard Mike say we're going to have signals proposed for 40th and bridge, 42nd and bridge, and 50th and bridge, and we already have it in 45th. And so we're going to be downtown Denver as far as our traffic flow. And that's all I got. Thank you. downtown Denver as far as our traffic flow. And that's all I got. Thank you. Thank you, Mr. Ryan. Technology can confirm if anybody else has requested to speak on this banner. Looks like there's a phone number here. Yes, you're on our all-go-head and unmute that one. Okay, you can bring them in. Whoever's at a phone number ending in 79 and 64, please state your name and address for the record in UF five minutes. We're not hearing you if you're speaking. Try that again one more time. You're speaking we cannot hear you at this time. Okay. Okay. Can you hear me now? Yes, please state a name and address for the record or city clerk will let you know when you're five and this is up. Okay, thank you. My name is Susie van caros and I live at 102 Chapel Hill Circle. When I moved in host 2009. I'm not sure if you have any questions. I'm going to ask you to ask a question. I'm going to ask a question. I'm going to ask a question. I'm going to ask a question. I'm going to ask a question. I'm going to ask a question. I'm going to ask a question. I'm going to ask a question. I'm going to ask a question. I'm going to ask a question. I'm going to ask a question. I'm our PUD have been completed. Currently, I am living in a subdivision that has conditions that are not met nor monitored by the city of Brighton. If this PUD change happens, who will monitor that this new proposed PUD change will be completed? My subdivision was to be a closed area that was a right in, right out only. But the city of Brighton has now opened up the subdivision and the streets that I live on is now a racetrack. If you allow multi-family section eight housing on the corner, the traffic will only get worse in my subdivision. And speaking of traffic, the intersection of tower and bridge street is almost impossible to navigate currently. Put more multi-family vehicles in the equation, it will be impossible. I believe that if multi-family section 8 housing comes in, property values all around it will fall. all around it will fall. This subdivision is a retirement-based area. We do not want to see our homes devalued any more than it already has been. Please do not approve this change. And my last comment would be to the owners of the property. Do you currently live next to Section 8 housing? Thank you. Do you currently live next to Section 8 housing? Thank you. Thank you very much. Next person requested to speak is a Jennifer. Well, Daris. You can bring Jennifer in. Jennifer, if you can state your name and address for the record, you have five minutes and the city clerk will let you know when your time's up. Go on and meet your microphone. This is actually James Howard, Jennifer Lendero's, his boyfriend. We currently bought a house about six months ago, 172 loss and low moss, which is not far from that intersection that the plan development is. I do have a couple questions, one from Mr. Keane. If he was unable to tell us what type of housing prices for housing, it sounds like he's just asking the city basically for a blank check that, you know, maybe six months, eight months down the road or whenever this development is done, he doesn't have to adhere to those rules anymore. Is that the case? And number two, Mike, the person who spoke when this meeting first started, what is his role in this whole thing? I don't know who the whole city managers or everybody is, but it sounded like he was giving us a sales pitch on why we should actually approve this. And we're done. Thank you very much. We'll just ask, we'll answer all the questions from the public at the end. Next we have Michael or Courtney, I'm not sure who it is. If you can bring that person in, and say your name and address for the record, you'll have five minutes when you get your microphone. You're speaking, we can't hear you yet. You have none muted. Hi, sorry about that. I would just like to express our concern about having more. Please stay your name, please. Oh, I don't know about that. But it was Courtney Rowland. We live at 4752 Haystack Lane, which is in the Brighton East Farm Subdivision. And prior to that, we lived in Brighton crossings for three years. So we are concerned about more apartment facilities being added to the neighborhood. Our current retail shopping is very limited here and really seems somewhat over somewhat stressed. It's not I feel like it's just not in please consider their constituents and how this affects us. Thank you. Very much. Technology can confirm if anybody else has requested to speak on this on this matter. Your honor, we do not have any other hands up. Thank you very much. I like to allow the time, this time for the applicant to respond to the comments that were both read into the record and and brought by the people that were speaking to me. Okay, thank you. And very good comments. Thank you. And we certainly understand where people are coming from. I think there's quite a bit of misconception out there of what this might be. And I think the first thing to focus on is if you look at the site plan, I don't know if people have access to it any longer, but our site is very small. It ends parallel where the fire station is. So for the people that are talking about view corridors and things like that, to the east of us is the water tower in the park. To the west of us is the fire station and an undeveloped corner. So there's no one on either side of us directly next to us. So, you know, I hope people can understand that because our site is very small. I think you have a feeling like it's big because the site to the south of us is open, but we don't own that. But as I understand that's residential going on as well. The comment about section 8 housing, I don't have anything to say to that. That's, I don't think anyone's intention economically would never work. That's not what would be built in Brighton and it's not conducive to any plan that has ever been proposed to us. So, I don't have anything for that. The gentleman who asked about the blank check and the adherence to the rules, I don't know what that means because we're not asking the city for anything. The rules are mandated by Mr. Telkos department in the code and regulations. So we absolutely, or whoever develops this ultimately is gonna have to follow those. And the planning department is gonna be, as Mike said, very meticulous on making everything, follow the rules and handle all the technical requirements as far as drainage and water and things like that. Those are very formula-like and they have to be followed. So is that presentation showed? I think there's great capacity to handle those types of concerns. I think the biggest thing to remember that if you look at 50th and see what's there at the King Super's Marketplace, that is exactly what this site is zone four right now. And I think that people would agree that that's far more of a truce of than what we're thinking about right now. It's the difference of maybe five to 600 trips a day to 3,000 trips a day. And 24 hour trucks going through there. And in the extreme, this could be a Walmart, it could be a target. It could be all sorts of things. It could be a convenience store. We've had car dealers ask us if they could buy a new car lot there. We've had, you know, frankly rehab centers come to us and ask see if they can build a building there to do that sort of thing. That's not I don't think can do sit to the plan at all. But under the current zoning those types of uses are allowed. So I think that, you know, there just needs to be further understanding and all of this will be discussed again when plan comes together and a development plan is put forth in front of this council again and those types of specific uses can be discussed. But right now we see this is taking the zoning back to the town center concept that it was back in 1997 and what the original plan was. So, you know, that's the vision that we're seeing. Okay, well thank you, Mr. King, for helping answer some of those questions. Would Mr. Tilka, does he have anything to add since a big part of the presentation? Forth, thank you, Honorable Mayor. One of the emailed parties spoke about the specific uses at the site. Just for the record, if it isn't allowed use, your city staff does not limit it. So an example, if there are five lots, five tireshops wanna come in, you know, tireshops it allowed use? We can't stop it. We figured the free market would probably determine that that might not be an appropriate idea. But your city code, your city staff, if it allows it by the zone district. And they can develop under our landscape standards. And they will use the you know the amount of water storage drainage that will work with the master plans and work with our system they would be allowed to operate. The one resident that mentioned my role I am a senior city planner with our city's community development departments planning division. My rule is to present to city council, city staff and that encompasses several dozen members from different engineering teams, coordinators, planners, and that includes engineers, a lot of certified professionals are findings based on the review criteria that are outlined for a rezoning. Those criteria are in place for any sort of rezoning and its so city staff is reviewing and councils reviewing and making their decision based off of the same criteria for any rezoning. area for any rezoning. I think my apologies if it came across as a sales pitch. My intention as a city staff member is to be an unbiased neutral party. As all of this council and the city city staff is, my rule is to present the city staff's findings of those review criteria, which is that city staff finds that a recommendation of approval, that's our recommendation, a recommendation of approval based on those criteria that I went into in depth. As for the specific utilities, I do believe I covered those in the presentation. Obviously, we have a lot of our other professionals here tonight. And if council would like traffic drainage or utilities to go more in depth, would be more than happy to. And as for the neighborhood zoning, as I mentioned, there's already an allowance for multi-family, a denser residential product on that lot directly to the east in between those water tower and neighborhood owners and the subject property and I think it's worth one more time bringing up that this is a master plan community originally envisioned for 12,000 approximately 12,000 units and we're only estimated with our estimates right now what's built and what's plated to only be a little more of 8,000. So I think that speaks for itself that the area one could say could go 4,000 more units. If all of those would adhere to the master plans. Mr. Mayor I'll stop there and obviously elaborate and any of my teammates. If requested to do so. Thank you Mister Tilka. I need to also ask the staff if there's any additional correspondence we might have missed whether the in favor or against the request. we might have missed whether it be in favor or against the request. Mr. Mayor, all formal or anyone that wanted to submit written correspondence to the planning division was sent to the city clerk and those are I believe the emails that you read as for any correspondence directly with the planning department. It was just general inquiries. What's going on? What's the proposal for? OK, and I do remember that in presentation, but that's a point you need to ask at this time. Thank you. Yes, sir. Go ahead. Go ahead, that's all right. I also have not received any additional correspondence that you have not received. Thank you. Thank you. Of course, City Clerk for confirming. Next, we will go on to questions and comments from our City Council. We'll start with Council Member Cushing. Thank you, Mayor. Thanks for that. I always love your presentations. Thanks for that. I always love your presentations. Mike, that was great. So I have a bunch of questions. First, I just want to maybe do maybe it's a sanity check. I thought there was a consideration that we wanted to the south of that could allow apartments if we didn't make that change and we were kind of arguing that God forbid we wouldn't want apartments there so we should allow the three car garages because we were concerned about the capacity of the is that if I mistaken on that or Is that my mistake on that or? Mr. Mayor if I may respond. Yeah, please do. All right, thank you Councilmember Cushing. You're referring to the 24th amendment of the Browning Park PUD that went before this council last year. As you remember that, let's probably continue to two to three times as well. That PD amendment had two different major aspects. You are correct that the one was to allow three car garages on primarily the end units over in the what's known as the Water Tower Park neighborhood to the east of this development. So that did move forward to allow some plots where they were sized appropriately to have three car garages over there. As for the area to the south, that is what we, what is in process as the Brighton Crossing filing six subdivision, it has not been final planted or income before this council yet, it will under the old code provisions. There is an in place approve preliminary plan from our planning commission that shows 263 single family detached lots and you are correct that before that 24th amendment was approved by this council it was possible to develop multi-family on that acreage to the immediate south. I'll leave it with that unless you'd like me to expand on that particular item. No that's fine I just remember kind of having the opposite conversation that we didn't really want that to be multi-family that there were a lot of concerns that this area was less appropriate for multifamily. So it just seems a little weird that we're kind of talking about right in that same vicinity to allow, to change it to multifamily. But my real concern, I know you said like, hey, if someone comes in and they want to put it in an apartment, we don't know what that looks like. We're going to require the improvements that are necessary for that area. But my concern about that is we're going to be sending kids to Overland Trail in Brighton High. We've already got a problem with Southern being punched through, allowing a lot of traffic. And there's no sidewalk at all on the south side of that street, the whole way down. So I feel like we're gonna add more kids that are gonna have to head west down Southern or even worse, west down bridge that have sidewalk issues. or even worse, west down bridge that have sidewalk issues. It doesn't look like the land to the west of this lot has a sidewalk at all. So kids would either have to cross bridge to get to a, well, there's no, yeah, to get to a sidewalk that either have to cross bridge and even then, there's no sidewalk there either. So there's not really a cohesive sidewalk to get from this lot to brighten higher over in trail unless you cut down to southern and then walk them only the north side of the road and then cut back up like 27. Is it like my off base here? Is there any chance that if someone comes forward wanting to put in apartments here that they're going to build a sidewalk all the way down bridge to make it connect? Mike? Yeah, so obviously the adjacent boundaries to this site adjacent to roads we would look to have a sidewalk based constructed appropriately. I do believe there have been interesting situations. I think at this point I'd ask that Christopher Montoya or Public Works Engineer I'd ask that Christopher Montoya or public works engineer Assist on answering this I am how's it going Christopher Montoya and the public works engineering manager with the public works department I'm in regards to what you're discussing Public in for structures required to believe with any type of development. One thing I didn't hear is they submit plans. We review those plans. There's a process that it goes through. They do engineering studies to analyze the impacts of the development and how the needs to be increased. Walkways would then be constructed to plea around the development as long as, as long as well as infrastructure improvements that may be what we classify as off-site improvements. A lot of times those off-site improvements are put into the development agreement language. So there's this process that the development has to go through. This is just a zoning part of it. It's not anything to do with the actual construction development phases of the project. Well, we could always request stuff like that. As the city is grown, you do get like empty parcels or vacant parcels where you get some disconnect or like you have these gaps that you're discussing on southern street for instance, from South 40th Avenue, also known as Tower Road, going east to city constructed a temporary asphalt walk. That would actually be removed when the development to the north of that location. So north east parcel at southern and South 40th Avenue would develop, so they would remove that and actually construct the concrete sidewalk. So they would remove that and actually construct a concrete sidewalk. So you'll have some gaps. I think if there's needs and we have a lot of pedestrian volumes, we have a vision zero safety program or program and we actually look to increase pedestrian connectivity. Every year we're starting to put more capital money towards concrete improvements for instance, one of the developments that recently went in near North 50th or 50th Avenue and Bridge Street it was the southeast parcel there they constructed sidewalks that connected adjacent and they also agreed to construct the sidewalk and gave the city funds where we then constructed the sidewalk so that the entire south side of bridge had full connectivity sidewalk. And that's kind of a background of how it works. As there are vacant parcels until they develop, they would have gaps to some extent. Generally, there does appear to be relatively decent connectivity in with traffic signals. It allows pedestrians across better. We also look for multi-modal improvements, things like bike lanes, trail connections, and that's all part of that construction, planning, development, and agreement phases. That actually take quite some time to go through. We usually do three cycles at a minimum of just reviewing plans, commenting and then having the developer amend their plans or make modifications as well as terms and conditions of their development agreements. We do have a capital plan where we're designing bridge street. So we're hoping to make the east side or the west side of bridge from about north 42nd avenue extending up to 27th look more like the east side from about 42nd to east of 50th Avenue with the Medians and sidewalks to improve connectivity and such through that so that's a little history and background I hope that kind of answers your questions and gives you more information Yeah, kind of does. I mean once you leave the trailer park on bridge, there's no sidewalks on really either side of the road I mean there is a long the you know between telluride and you know 40th but and I know the community I guess the hard part is that you know the high schools and the middle schools are all to the west of there. You know there's plenty of options for like elementary schools going east, but a lot of these kids, once they hit middle school, they got to go west. It's just not great in terms of sidewalks and connections and traffic's just getting worse. But the other concern I have was, you know, we taught, in addition to sidewalks, I think we've made a really good stride in putting like bike lanes and things all over the city and other places, but you know, we're barely catching up on sidewalks out here and then, you know, then the next thing is bike lanes and all that kind of stuff. We got kids, they're going to ride their bikes to school, things like that. The other thing was mentioned was the high school capacity right in high being over capacity. That's a big concern for me. I know the Capitol Fee Foundation is great, but it's, you know, it doesn't cover the cost of building a high school. And I'm really concerned about adding to that capacity without, you know, any kind of real great plan to solve that. The other comment was made about the fee and lieu of water rights. That concerns me because the issue is finding water rights at any cost, right? I'm sure it's super convenient for a developer to come and say just we'll just give you some money for water, but if we can't find it, it doesn't really do us a whole lot of good. We're good to need water to serve more people. So I'd really prefer to see water rights come with these deals because we don't know that we'll be able to buy it. Certainly we don't know that we'll be able to buy it any for the amount of money we get at the time of the development. They're not seeming to get cheaper or more available. So I have had some concerns about that. And then finally, the comment was made about commercial going in here. I mean, I'm looking at this. I don't see a Walmart fitting in there. But I certainly think that a tire shop or convenience store would not add. I'm more worried about the pedestrian traffic than the car traffic, the capacity of the school, adding a bunch of people walking along bridge, kids riding bikes along bridge. I'm just not sure that section is a great place for multi tenant homes. I'm a big fan of more affordable housing and apartments are a big key to that. I think we need apartments. It's just, it's hard to, you know, I don't know how my kids are ever gonna buy a house and brighten, it's Colorado even, it's just expensive, but I don't know, I've got some concerns about this section, but I'm looking forward to hear what everyone else has to say. Thank you very much. Looks like our utilities might have some, that looks like they're coming in to maybe answer some of the water questions that Councilmember Krueger met. That's right. So Mayor Mills, I am here. My name is Matt Amin. I'm a utility project engineer at the City of Brighton and Councilmember, you being up a good issue and I know Director Sherman has presented some information to you guys in the past about, you know, fee and loo and what, water rights. But like Mike said, I think one of the things here, you know, we're kind of at the rezoning phase and it's important to remember that they could come in today and they could build commercial, you know, when we do have existing agreements. I know we've spoke to you guys about those, you know, we've spoke to the city attorney continuously about them, you know, what can we do here? How can we make this benefit the city a little more? So we are in the works with that, but I think the big thing to remember is, you know, right now with the reason, you know, they could come in and they could pay fee and loot tomorrow. And unless we have an argument against it, that's kind of what are we set. So I don't know if that's a reason, something's really looking at with the reason here. It's definitely an issue, but I'll just leave it at that. Okay, thank you very much. And then the, our city attorney looks like she has something she might have done before the beginning. Yeah, I just wanted to take a moment. I think all very important questions, but just remind council of the criteria and the stage that we're at. All of those issues of infrastructure and exactions would be at the major subdivision or plotting stage. This is strictly a reason. And so I just want to remind council that all decisions need to be based on that criteria. And only that criteria. Thank you, Mayor. That reminder, next I see Nick Rotem. Thank you, Mayor. I appreciate, definitely appreciate more than you know, the public's not just interest in this, but I'm really proud of our citizens for coming and voicing their concerns about anything including this project. It's harder to do than people think and really appreciate it. The emails, the calls, everything that's happened so far. This is one of those moments I wish we were in person. So, Council could see these human faces and not just hear their story like we just heard through red by the mayor, but actually from the citizens. It's great that they did that. Now, I have to say, it is now time for this new City Council to make our citizens proud. And I need to read something to you, just so Council understands the reality of our decision-making, right now. Our, the reality is in section 2.04C in our land use and development code. This was not read by city staff. It was skimmed over. So let me read this to you. This is our main portion of how we need to judge of any kind of PUD, we're zoning amendment, any change, including major amendments. So in Section 2.04C, item B, it says the benefits from any flexibility in the proposed plan promote the general public health, safety, and welfare of the community. And in particular, that of the areas immediately near or within the proposed project and the proposed flexibility is not strictly to benefit the applicant or a single project. I don't want to have to read that again. I want to take a second and let that sink in to council. I want that to sink in also to staff because there was almost a sales pitch to send us this way, but I do appreciate that our staff is doing their due diligence in order to make sure that they're following the legal ramifications of anything that can happen if we do deny this. So I respect that. But that is our reality what I just read. So I have to say the public welfare and rezoning this amendment, or rezoning this land, changing what is currently occurred on that land and doing it in the face of the public welfare. Because I know we can't talk about individual infrastructure,. We are in a water crunch. We can say that because I need to watch out for the public health and welfare of residents. That's the main concern. And it's not about the residents that might come in or the developer that statement is very clear. It is about the current residents need to be the main emphasis of our decision making when we do these. It's also been stated by our director, Holly Prader, many times the director of community development. It does a great job with your team. It's been stated many times that the reason that we changed our code amendments to make sure that we're back in this moment is to try to avoid doing PUD zoning amendments. That was one of the main pitches for us to realign our codes the way we needed to because they can get sticky. And the reason they get sticky is not just the infrastructure, but as Mr. Tilca showed the audience and us as counsel, he showed that right next to this is already zoned, high, high density residential, not including the apartments that we've discussed on 50th and bridge. And we're talking about building these roads and building these sidewalks. It's frustrating because I also heard the developer, which I appreciate you wanting to come and see what we can do. But why we can vote no on this because of the section, I just outlined for you, Council. That is the way we say this, as this is not to the benefit of the people that actually live in that area for their public health and while being that Mr. Keane said, I'd like to turn this zoning, this is a quote just now. I'd like to turn this zoning. This is a quote just now. I'd like to turn this zoning back to 1997. In 1997, there wasn't human beings living in that area. Now that there are, we're talking about changing the zoning to multifamily housing, which is apartments, and to change that zoning in any way to multifamily. That's a much bigger impact on any community than it is to keep a commercial and let a gas station be created. The people around there bought their homes based on what these zoning recommendations were already placed. And if there was much more empty land, that'd be another story. But there isn't. That land is small and we're talking about doing something that it does not help the public health and welfare of the people that live there currently. Just like our boats say we have to follow to make these decisions as judges in this moment. The other problem is there's a lot of that I've never heard this before. It was disconcerting to say the least is there's a lot of ifs've never heard this before, it was disconcerting to say the least is, there's a lot of ifs and hopes that are attached to this zone change. If they build across the street, if they build across the street, this will be connected. We hope that outside improvements happen. This all came from our staff. I understand that, there's hope. But then the street will be built once this happens, once this occurs. And that's problematic. And it's not just problematic in the just-in-case scenarios. It's also bad when we talk about that when we've already dealt with that out here in East Brighton. We were told our streets would be built and our sidewalks would be built. It didn't happen. It's taken us years to watch the construction occur on many of these half streets and on our sidewalks. While I appreciate the idea for seeing what we can do, the last part of that statement is also important. The last part of the statement from another state of the Section 2.04C is the flexibility is not strictly to benefit the applicant or a single project. I think that this zone change is there right now in front of us to benefit the applicant and it is not there to benefit the flexibility in the general public health, safety and welfare of the community that exists currently. So I'm asking you, council, please, just as I am health, safety and welfare of the community that exists currently. So I'm asking you, Council, please, just as I am, and I hope you all are proud that our residents came here tonight with something that seemed minuscule, that is not, that really affects us every day in East Brighton. Please make them proud of us the way that I am proud of them, and then I hope we're all proud of them. Thank you. Thank you. Thank you. Next, Council member Watts. Thank you, Mr. Mayor. You know, like that, the sentiments of Mayor Proton, you know, it's very nice when the residents can come out and speaking. It would be so much nicer if it was in person. And I get it with the safety reasons, the things of that nature. And where they can actually come in and we don't have those technologies, issues like Mr. Muslim, I've had with trying to, you know, make his comments for the public here in portion and it's just, it'll be nice once we can get back to that and see these residents in person and see their concerns on their face. I would first like to, you know, but you're still good, your presentation was incredible. They always are, it's very informative. This one tonight though, kind of struck a little chord with me and I hate to say that, but it was a little bit too descriptive and too, I'd say, to the point, and I almost wonder, and I'm not making any accusations, I think as you've heard me say this on numerous occasions, you and Director Preller, I've said this to both of you, I think the work you guys do is incredible. You know this, but the way it came across tonight, it just was a little bit different. The little tone in the voice was a little bit different, and it did have a thing where I could see where the residents would have a little bit of a perception issue with with how it came across. Knowing you and how precise you are, I didn't take that that's the part I had a problem with and it was actually the first time you've given a presentation where you didn't thank council a mayor pro time for the time to speak you only addressed the mayor very, very clearly and decisively. Um, so, uh, but that's teach his own and just a little things. A lot of the questions I had you were answering them as I was writing my questions down as you were speaking. I would, you would say something. I would write a question down and you'd answer it in the next sentence. So I appreciate that it was that precise. I would like to say that one of few things. When I was first elected, I met with a couple of city staff members. One of them our deputy city manager and he asked my vision and I will say this now as I said it then, I love growth. I want to see growth and bright. You know, I would like to see us to so many residents, like some amount of residents, you know, that 50,000 number was thrown around. But I also said in that same breath that we need to do it safely and correctly, not just throw it out there. And I'm not blaming anybody at the city right now because a lot of these lands when you listen to these dates and I was the same way as a resident before I became a member of the council, you know, you think about it and they say, oh, we're going to build that hosting development there. What did that happen? Did that just happen yesterday? And then you don't realize that it's been in the process for 20, 30 years. You know, in the case of this, I think you said 1986 was the first time this really came to fruition that this land could be developed on. And then it progressed through the time. So I just wanted to be clear for the residents that a lot of times it's already been out there. We're just kind of doing another amendment and I don't want to think these things happen overnight. Now with that said, I agree with Mayor Pro Tem and Council Member Kushin with their concerns of the infrastructure and and I know Not to jump on any of the wrong thing and I don't want to say the wrong things. There's a city attorney I don't want her to point it out that I said something wrong because I can do that enough on any other day of the week. But I would like to point out that I mean, just that intersection alone on Sunday, it was around 4 p.m. You know, I don't want to say I almost saw this because almost it didn't happen. So it didn't happen. But you know, I saw one card dart out of that stop sign to turn right head, you know, down east on bridge and they jetted out and right in front of another car, you know, and they got it out hit that was on a Sunday at 4 p.m. What's it going to be like on a school day or a work day with more residents in that area. Again, love growth, but we have to do it safely. And I'm kind of going off Kansas, because I'm trying to read all my little notes, I have written on my paper, so I apologize. But when it comes down to it, and it's really about the residents, it really is. I have a feeling getting back to that presentation a little bit, it would have went a little differently had we had this presentation on the 16th of February that it is public hearing before the pipe burst because everything was going or going and all of a sudden that pipe broke or whatever the situation was on the roof that flooded, didn't flood. But parts of city hall, damage with water and we had some issues with IT. We had to move this item to this meeting tonight. So more residents could be heard because they wouldn't have been able to be heard that night. I wonder how it would have been. I'm so glad in a sense. I'm sad that we had the situation happy at city, happened at City Hall where we had some damage and they had to do some things. And it was right before council meeting actually was starting. But I think we're very fortunate that it did happen because now we were able to hear from more residents. In air what they have to say about this. And as it was pointed out, when we talked about the, was about to say, guess satisfaction surveys again, but community engagement surveys in a sense that we really want to hear from our residents. We want to hear what their opinion is because if they don't want something, we should probably not look into going after that. And as Councilmember Kishin pointed out, we had this discussion last year, it was kind of one of the first things we really talked about, well, it wasn't gonna be first things but then it got carried over, carried over because the applicant wasn't coming, if I remember right. And we didn't want apartments then or multi-use then, we wanted to get away from that, but now we're looking at doing it again. So just to reiterate that fact, but you know, I just gotta say that we were listening to the residents now, and they're saying they don't want it. It's from the residents that live in that area. Now, granted, when you talk about things like the other side of town, you may have those same residents that may not be in touch with that because they don't live there. So you can have those same residents that may not be in touch with that because they don't live there. So you can have different residents that are going to bring that up in the other residents. It's like, oh, I don't live there. So it's different for me. And I'm not speaking for them. I'm just saying how perceptions work in different municipalities that I've learned over these past 13 months and like four days. But, um, you know, somewhere around them. But it's just these residents came out tonight and they talked about what it would do to affect them. And some of the council's mentioned it. And Mr. Tilka, when you, when you really were, we're stern on the one point about if council denies this, we have to give X amount of reasoning behind it. And honestly, if the residents don't want something, that's my reasoning behind it. I don't go into a council meeting or anything like that, without first hearing from those residents and granted, although I would love it, and I don't want to see five tire shops there, I get that, and I get this could be commercial, and I get that, you know, it could be a convenience store, it could be any of those things. I understand that, you know, it could be a convenient story. It could be any of those things. I understand that and I'm hoping the residents understand that as well that if it stays commercial, it could it will be commercial and believe me, I understand that. But to everyone's point, and I really got on a tangent there, I'm sorry because I lost my nose, I apologize, but you know, it's going to be one thing or the other. That's what it's going to be. So really a question I do have and I'm sorry I'm taking all the questions with kind of looking into that crystal ball that everybody thinks we have at the city. If this were to go through with either zoning whether it's approved to be the multi use or multifamily or it stays in the commercial. And this is not, please, people do not put this on the stone and this is the actual date, but how long do you think it would be before something would even break ground there? Or are they gonna come back a different developer as it happened with other properties, come back later and apply for a different permit or a different zone change? So just kind of ask that question. And really remember at the end of the day, apply for a different permit or a different zone change. So just kind of ask that that question and and really remember at the end of the day, I mean we answer the residents not the developers and and that's really what I want to say. So appreciate all you do. I've said this to you guys before, may not sound it's night, but you all know that that I truly care about what your resident's apartment does. I mean I really do, but I just want you to know that to me, the residents do come first in safety versus. So I got just that one question to be able to apologize for taking up too much time. Thank you. That's a little good. I'll count some member, Jordan Nellie. This might be for Matt. If we had those apartments right now, would we have the water? I mean, I guess it kind of depends on what you mean by the water. Are you talking about like a treatment capacity at the treatment. We have the water infrastructure if we had them right now. So we have the infrastructure. Hydraulically, we can handle the demand in that area. I know Tiltka brought up the idea of the master plan. So when Bromley Park first came in, they looked at all the land they had. They gave the zoning. They gave the demand. And we've sized our lines and everything adequately to that. Another part of that agreement when they came in was that they could pay fee and lose for raw water rights. I think that's more where we get hung up on the utility side is where, you know, kind of in the water rights and the water treatment crunch right now. Not necessarily the hydraulic pipes in the ground crunch. But, you know, as you know, staff has been coming back to you guys. We're looking at that. We're trying to make recommendations and, you know, we're trying to solve those issues because I know we have existing contracts. And, you know, we're doing what we can to try to keep up on that side. But, you know, as if today I would say, you know, if someone came in and said they wanted to build 500 apartments today, I think we, you know, we wouldn't need to look at that closer, yes. We can't do that till we have the site application though, and we actually know who is gonna come in the size and you know a little bit more about that development. Okay, thanks, Matt. You know, I kind of, we have to envy the Thornton Palmer City. They're all taking water from down the way down the stream, pumping it back up into their cities. Apparently, Brighton must not have felt like we were ever going to have a water problem. Because I know a lot of these projects started 10, 15 years ago, bringing water into their cities. But just a thing, Mike, I want to know how high can these apartments go if they did apartments? Thank you councilmember councilmembers mayor mayor pro tem. To respond to councilmember Jordan Ellis question. Apartments would be regulated by our in place land, because the PUD calls that out. The height would be three and a half stories and I'm pulling up to get you the exact footage of that. So if we would look at... Well, it's okay, you know, it's not important right now, but... So the way the new code is written is it really depends that's okay. It's not important right now. So the way the new code is written is it really depends on the building type that would be allowed. So there's a lot of different factors that come into place. As a small apartment, we would be looking at 45 feet, three stories, is the most typical one that we would see being proposed on this site. That is the most typical. Once my king's soup are they three stories? Those are higher. Those apartment buildings are governed by the Bromant Park Land Use Regulations height, which allows them to go up to 50. So those are about four stories with then your extra half for the roof. So these these most likely would be developed shorter in height. And I'll leave it at that Councilmember Jordan L.A. Mayor puts them. Councilmembers. Because we talk about 4,000 units. Obviously they're not going to be able to get 4,000 units and 11 acres. I think you definitely are bringing up the fair point. There's a lot of sections of the code that speak, right? So if they're going to do surface parking, that's going to take up a sizable amount of the property. If they're going to have to do different drainage infrastructure on site. But there's an acre to landscape buffers, larger sidewalks. I think you see, we start to ratchet it down to, I don't want to quote a unit here, but I think we see it maybe only being north of 200 slightly. Yeah, so, you know, I'm with Tam on the fact that growth is vital to any city. Growth is what propels us. So it sounds like, although it's an uncomfortable situation for those residents, it wouldn't be as large as everyone probably imagines, would probably be somewhat reasonable. So that's just part of the comments, considerations, we'll just keep listening to everybody has to say. Well, I guess my last thing real quick. And then North outfall if they if they were to. Come in before we finish our North outfall, they have to help subsidize that. Is that what I heard you say? Councilmember mayor, member, if I could direct that to our stormwater coordinator. My colleague, our colleague, Scott Olsen. Councilmember Mayor Mipertem, if I could direct that to our stormwater coordinator. My colleague, our colleague, Scott Olson. Dr. Olson von. Good evening, everybody. Yes, that is correct. If they were to come in and their subdivision or their improvements that they're doing on the site necessitated that out outfall system they would have to contribute to that otherwise they would not be able to move forward with the project. Okay my final comment is that growth is always uncomfortable but I'm really proud of our staff that we've redone a lot of this work we knew these puds were coming. We know they're still coming. This is a 25 year old PUD. And so it's uncomfortable, but at the same time, we've got a great staff that's covering a lot of the bases, and I really appreciate it. So thanks a lot. Thank you. Next, Councilmember Blocker. Thank you mayor. Let me start with question to our city attorney. Is the fact that some residents that have Well, opinion about whether they. Express your opinion that they do not want this project is at a legitimate reason for council to. Denied the zoning application. Um. So. Not necessarily. Council needs to follow the criteria set forth in the code. And if council feels that this rezone does not meet the health safety and welfare for the citizens, that would be one of the criteria. But simply, I guess I would say simply disagreeing with the development without more to that is probably not enough. Well, in my experience, interpreting the law is something I did a long time. Using the words health safety and welfare is not enough. In my opinion, we need to define how the health, safety, and welfare are actually impacted. Is that correct? And that's the difficulty. I appreciate very much. Our citizens coming forward as our mayor pro-Kenneth said and also tells me a lot. If I lived in that neighborhood, I may be doing exactly the same thing. I am personally of the opinion that the growth is not always the best thing for the city. I know it's inevitable, but I am not a pro-growth individual. I wish somehow we could use a magic dust and sprinkle it over bright and keep the same size we are right now and still have all the good amenities. But that's not realistic. People have property rights. They buy land. They invest in it. And they have the right to do it. all the good amenities, but that's not realistic. People have property rights, they buy land, they invest in it, and they have the right, as Mr. Tukka has pointed out, as long as it's within the code, they can build what they want. And if I was living next to these units, I may express the same opinion that they are. But I also want to stay within the law and have some reason. We cannot, according to what our city attorney has just told us a few minutes ago, use the fact of the water as an issue in this particular vote. That's way down the road when they come into us. And we do have the right under the code to deny building permits if we don't have sufficient water. We always had that right. But that's later when they come into us with building permits. I also get frustrated with a lack of infrastructure in terms of sidewalks. It's been a big issue. And we are way behind the curve. But again, those are infrastructure issues that hopefully we can demand and make sure they get done when the actual building permits come in. Is that right, Mr. Tilka? Council Member Blackhurst, Mayor Member Bratam, that Tilka? Council member Blackhurst, Mayor Mayor Patem, that's correct, Council member Blackhurst. Those would be the items we would look to discuss an outline at the major subdivision plan amendment. Thank you. That's all, this is the tough one. And I wish it were simple enough to say we have a number of residents out there that don't want this and therefore we are legally able to adhere to their wishes, but I'm not sure that's the case. Because I haven't heard anybody talk about specifics on health safety and welfare. Specifically how that's impacted by apartment. That location. But anyway, thank you. The next we'll have a conference on the public. Thank you, Mayor. Well, this council has repeatedly said to our residents to get involved, tell us your concerns and what are the best we can. We saw quite a few residents from that area get involved. That's what we've asked for. And yet we sit here contemplating ignoring that. So what do we want? We just want to hear from them and ignore them. Or do we actually want to serve them? I'm with Councilman Johnston. We're here to serve them. And if that's the way they see it, it affects their property, their way of life, when that's what they planned on, that's why they purchased there. I think we have to take that into consideration. And I'll just blow them off. I mean, then you're talking out of both sides of your mouth. Tell us what you want, but we're not going to listen anyway. That's not the way it works, or it hasn't worked with this council anyway. And yes, I suppose we do need some growth. We do need some housing, but we had quite a few people come up and object as best they could since they can't come to City Hall. But I for one, as I have on at other times and going to support the residents and their wishes, I don't live there. They do. And so if it was one, two, maybe we could think otherwise, but it wasn't just one or two. And I'm not into making anybody's lives miserable. I'm not going to start now. So that's my opinion. That's what Council needs to think about. When we say, tell us what you want. Get involved. We're going to ignore you anyway, but get involved. That's kind of. Yeah, not cool, as we all know. So thank you. Thank you. Next we'll hear from Councillor Bumberhumbert. Thank you, Mr. Mayor. I just have questions. One of them is to Scott, I get Mr. Olson. What is the city's water capacity for in terms of residences right now? I've heard he goes biggest $80,000 people, but I need you. You to be able to tell me that. Councilmember Hummer, I'm with the stormwater division. I believe you want Matt, Amade or Roy Galli to answer that. Okay. Yeah, I can't smell my Hummer at all kind of. I'll give that one a shot. So as my kind of alluded to when these properties were originally developed, they came in with a master plan. Mike, I think you said it was around 12,000 units in the Bromley Park area. So what we do at that time is we have the developers go through with their engineering team. And they look at all the infrastructure, they look at our water storage, they look at the pipeline sizes, they look at the mains. And when they come in and develop, if someone needs a 12-inch line, we require them to put that in. And it might not be that that single development needs it, but it means that it's going to serve someone further down the line. So we look at it as a whole system in that area. I know, so I can tell you the Bromley Park area, it was developed to serve the 12,000 units that Mike Tulkah had alluded to in his presentation. And my other question is about, so we're still at that level where we think we can serve more people than there. My other question is about connectivity. And this is probably doesn't come forward in a need until the master plan, but I think that overall you have to look at that. And I think to be bright in plan, addresses that a lot. And I don't know whether this change in zoning would allow it a lot. But the area of space that we're talking about and the number of people we're talking about, and this goes back to Councilmember Cushing's statements about getting places. statements about getting places. And I've noticed driving along bridge that 40th and bridge is a difficult intersection to deal with now without a signal. And we have to look at warrants before we get to a point where we actually consider a signal. And I don't know that we meet the warrants yet. the warrants yet. But you know we have a, the new apartments shocked me when I saw them the other day. The ones going up by King's Oopers. I hadn't been up there in a few weeks I guess or more. That far eased. But you know, traffic is an issue for me and I can't see this working unless you're going through the subdivision that they're building on the edge of for traffic. And again, we have the issues of partial streets, sometimes no sidewalks. And we want to have a city that can be connected throughout. So those are just concerns that come to me with this. I also concern with the disinformation that went out that these were sectionate apartments. And that it isn't true and some people are making their claims in that regard. Still, I have concerns about water and connectivity and you know if those are there you know it it I don't know that we can stop at least this part of the the conversation that's all I have. Thank you. Next we have council member Debelle. Thank you, Mayor. Most everybody is expressed most of my concerns, but I'd like to just reiterate a little bit. I think I am an agreement. I am one of those that's constantly wishing, hoping that the residents will stand up and say how they feel. I think in this instance, and I think that if we were to decide against what the residents have asked for, it doesn't mean that we didn't consider their opinions. It just simply doesn't mean that if that's the way we decide. I think that's the way we decide. I do have the concerns about the water and the infrastructure as well as everybody else and the schools. The sidewalks. But I think that if and when we get to that point, we do decide to go ahead and allow the reason. I feel like we're going to have control. Over how that looks. You know, it's not going to be a thorough force story building. It could be like Mr. Telkos said maybe 200 units. And I am not always one of those that is for growth just for the sake of growth. I think it has to be managed right and well thought out. I'm not sure if I remember correctly or not, I think that Founders Plaza was the residents wanted that. And I know that there's plenty of us on council that, I mean, it happened. And there's many of us on council that believe that that wasn't what should have happened. So it can go the other way too. I just wanted to point that out. And I think part of the reason that I think I would be in favor of this is for the reasons that Councilman Blackhurst talked about and given the fact that it was planned for 12,000 units and we're well below that. So I think that was all I had. Thank you. Thank you. I'll go ahead and weigh in real quick. I really appreciate the time that the staff has taken to bring us all the facts. I appreciate the developer that's come into state his case. And I'm always for growth, but I'm always for a smart way to grow as well. And I think one area that really isn't clear on how it's going to be addressed, was really the infrastructure needs and how that's going to be addressed with whatever development could come upon pending the zoning change. So I'm of the opinion that while the development does not seem bad or anything, you know, some people think there's going to be a lot of, you know, duplicate, duplications of different types of businesses. And, you know, I'm a free market person, so I can't say what can come in. Nor am I going to dictate that. That's not appropriate. I believe that we may need to take a pause on this and really understand how the infrastructure will come together with the concerns that was stated by the residents and by many members of council. And so that is where I stand on up for the moment. So there's a few people that's requested to speak a second time with Mayor Poit-Nam. Thank you very much, Mayor. And I definitely appreciate your comments. So I don't think it was correct to bring in other projects into this, so I wanna make that clear for the public record, past projects, and all of that have nothing to do with the current thing and we are in a public hearing, acting as in a quasi-judicial manner where we are judges and we need to judge based on what we have in front of us and what we have in front of us. I have to reiterate this because I heard a few council members ask some questions about specifics so let me say it again. City Council is making its decision shall use the following criteria. That is from the land use and development code section 2.04C. The benefits from any flexibility in the proposed plan promote the general public health safety and welfare. Let's stop there for one moment. I would love for somebody to tell me how this promotes public health or safety. I'd also love for anyone on our city staff to tell us that we currently have enough water and the infrastructure built to support this. Nobody on staff can tell us that because neither of those things could be true at this moment and because of that and Councilor Blackhurst you do have a good legal basis to to make sure that we are legal if we do deny this so I'm saying if we do deny this The public health anyone that can say that we control the water enterprise enterprise as a council and as a city. If we cannot, for sure, deliver water to this area, then we are affecting the public health and the safety and welfare. If we cannot, for sure, say that sidewalks and streets will be built to support, even 200, that was like said by Councillor Dornelli, just, well, could just be a couple hundred. No, it probably won't. And we only see this once before it comes back to us as a plat. After it's gone through planning mission, then again, we see a major plans that come to us. But the reality is this is our one moment to stop this from occurring because we have to care about that main section 2.040. So with that said, I would like to make a motion. My motion just to let council know is there a program before we can do motion. There's that we're still in the public hearing side. So we would have on so sorry, Mary. You're correct. Yes, you're very correct. Thank you very much for correcting me there, but we'll circle back to that. Yeah, I would love to make a motion when it is my time after the public hearing so thank you very much. but before I do that, I just popped up from Mr. King asking if he has a chance to speak to clear a few things up or clean a few things up. Is one of the people you just hear from him before I ask my question. There you go. Mr. King. Yes, thank you. Would you like to respond? Yep, very brief. And you know what, I understand clearly that you all are going to vote how you are. We respect very much the residents, comments, and take those into terrific consideration. We do that. We two are owners here in the city. We've been paying taxes on the screen for 15 years. But one of things very important to understand that Mr. Cushing brought up. a Walmart wouldn't go there or something like that. The site plan that's in that package is about 140,000 scored feet. The King's Superpers building was 125,000 feet and then there are a series of pads across the front of the site. Walmart, Target and Amazon all have concepts that are less than 50,000 feet and that's today. They've done that in the past. All of these big retailers, they look at different concepts to see what works. So my point on this is when you vote and what the residents need to understand is the current zoning, all of that can happen on this site. They're very heavy usage. The numbers, the math for 200 units where that comes from is the simple math of how any kind of multi-family works there. The geometry of the site and that circulation and fire access and that it's about 200 units. I don't think it can be much more if any of them. That's about 300 trips a day with 150,000, 140,000 feet of retail. That's about 800 trips a day. The apartments they go to work in the morning they come home at night, some and so are traffic with commercial shopping center that happens all day long. So the comments about traffic I think really need to be considered by all involved what this really means. The point to the streets and traffic monitoring and regulating and sidewalks all of that gets done with more development. The residents and some of the council members have spoken to the issues that are on that street right now. If nothing happens here, that problem is there now and won't get corrected. There won't be sidewalks bill. It will just continue to be a difficult situation. And then last, the conan mister jocen made by 1997, it was zoned, multi-family in 1997, regardless of who was there. We took this solely from the zoning that it was to accommodate King Super's and we're happy to take it back as it was. That's all I want to say but you know I think it's very important that the residents and council understand what they're they're doing if this goes you know the other way because it is a zone commercial site. We've got the criteria. We've handled the technical issues. I think are well handled when it happens, but I'll leave it at that. Thank you. Thank you, Mr. King. And circle back to Council Member Watts. Do you want to say something if you have the floor at that point? Thank you. I had one question for the city attorney, but now I have a second question for the city staff. The question for the city attorney, but now I have a second question for the city staff. The question for the city attorney is so just to be clear, when this, if this is a go to vote, so for everybody the infrastructure, the safety, the sidewalks, all those things. That council member now has to give the description of why they voted no. Is that what you're saying. No. Because that's what it seemed like Mr. Tilka had said. The council as a whole when making their determination in the unit. It's self needs to list the criteria for denial. Correct. I just want to be clear because it's making it sound like. If an individual council member said no, then what you can was the residency. I'm listening to the residents. so I just want to be clear on that that uh because of that's the case and every time we have a vote I want written descriptions of why they voted a certain way then it does continue the situation. The second question I have is really just came about just as Mr. King was speaking and I appreciate him coming on board and I appreciate when these applicants actually do come to these meetings, you know, in some cases, where they don't show up and we have to continue and continue things of that nature. But it sounded a little bit like an ultimatum. First off, something's going to be built there either way. We're going to have commercial, we're going to have residential. One of the two things is going to happen. That's evident. But it sounded a little bit like if you don't approve this residential zoning change, you will not have, might give you a headache leave. I'm sorry. Sorry, Councilmember, I'll get you some water from you. It sounds a little like an ultimatum like if you don't approve this zone change for residential your streets are going to stay the same than they are. That pretty much is almost what he said. I mean I can't, I don't have it, I have to go back and look at the recording later on, but this is published so I can get the exact wording, but so it's basically we have to approve this or our area over there stays unsafe if commercial goes in because they won't build the sidewalks and put that other stuff up is kind of what he just said so now they just kind of brings to the point that it's to me it's just not safe so that's all I got thanks a lot have gonna on this subject sorry. on the subject. Sorry. Thank you. Anybody else that hasn't spoken for a second time when I say so. I see Holly Prather has raised her hand. What I've been looking for the little yellow hands too if you don't know that. Go ahead, Holly. Anything you're our little mayor, ladies and gentlemen, the council. Holly Prather, community development director for the city. Is it water? He said on the council, Holly, pray through a community development director for the city. He said, water. I think, and I don't want to speak on Mr. King's behalf, but I think the point that he's trying to make is that the property is currently zone commercial. And what could develop on the property could have significantly more impacts than if residential works in default. I think that's the point that he was trying to make. By way of example, if you had commercial users come to the site, one was a car wash, one was a brewery, you know, one was a laundromat facility, although I don't even know if it's exist anymore, they're high water users, right? So I think the implication there is that it can stay commercial and the impacts could be greater if it develops as commercial. And I think the suggestion he was making is that in terms of traffic, which were some of the concerns that were raised by the residents and that seems to be, you know, kind of that were raised by the residents and that seems to be, you know, kind of your concerns about the general health welfare and safety of everybody is the traffic concerns. I think the point that standpoint, the reason that the staff is suggesting that when you make your motion, and if it should be, to deny the rezoning request, that you enter into the record, kind of your findings of fact in regards to why you are denying it. Just saying that you don't believe it meets the general health safety and welfare is probably not sufficient in terms of the decision. Legally defensible being legally defensible if challenged. One of order your honor that's the concern. That's for city attorney to claim and we've already asked that question point of order your honor. This is now a legal opinion coming from a director of staff. So point of order I'd like that question to be brought to our city attorney, not to other staff members that do not have a degree in law. So, our city attorney can. As I previously mentioned, should council choose to deny this, they need to relate their choices back to specific criteria and findings of fact as previously explained. Thank you. Okay. Holly, go ahead and continue. I guess that's all I need to say is it needs to be with the review criteria and findings of fact. Okay, thank you. Count some member, Jornelli, and some to add. I just wanna add that since there are quite a few citizens maybe listening, our staff spends a lot of hours in time deliberating over this and they also try to bring us the best option because I really wouldn't like to see a commercial site there. It would be horrible. But if you're bare with me, I just have one example. I bought a place by the Cherry Creek Mall and a lot of high in there. And lo and behold, right across the street, they put a massive 10 story full block condominium units. So my view was 20 balconies, right? That was it. Now I know people don't wanna live in Denver, that's why they're in Brighton. But when you have growth, things happen. One last example is I got a condo and I was the first one and I thought, man, the first one is going to be possible. You know what? The people that moved in after were horrible. I had to leave. So the big lesson for the residents, if you got a field beside your house, you ask, what is this zone for? Now, most residents don't do that type of thing, but the thing is the ones that are getting burnt right now, the next place they go, they're going to remember this and they're going to make the right decision. And as far as council's concerned, it seems like if you want to be a great council, maybe you should warn people in your district, in your ward. If you want to be a great council, maybe you should warn people in your district, in your ward, if you want to move in this house, just know we have some PUDs that were written 25 years ago. We cannot change them that dramatically. They still, the developers have the right to do what they're gonna do. It was established 25 years ago. We can't go back 25 years and change it. So it's just all part of a learning process and it's part of growth. Sometimes you get a burn, sometimes you don't. It sounds cruel, but it's a simple fact of life. And the city does not want to be an lawsuit with any developer. That's not what we want to accomplish here. We want to try to compromise and make everybody happy, which isn't going to happen, but we still try to reach that common ground. And I really believe our staff is absolutely capable of giving us the best options we could possibly have under the circumstances. They weren't here when those PUDs were written and approved by a former council and former people. We got stuck with them and we have to deal with them and that's what we're doing. Thanks. You, next council member Bob, is some dad? Yes, Mayor, thank you. Just a reminder to council. It hasn't even been two weeks I don't think that we discussed or it was brought before us. That we're going to have some water issues. There's going to be limits on the amount of water that can be used. People are not going to be able to have grass. You know, we do have water problems and maybe we should have purchased more water and we didn't, I don't know why, but we didn't. And so we have to understand that we need to keep the residents now with as much water as possible and to bring in more when this may continue this drought or whatever is going on. We have to think about that. I don't know what we can do. Will we allow a car wash using that much water? I doubt it. Well, it wouldn't pass through me. So anyhow, that's all I had to say for us to keep in mind that we have water problems. We're having the drought. And we have to take that into consideration. So thank you. Thank you. And then next council member, a question that's not bad. Yeah, I have a question for our city attorney. We keep throwing around the word fact and I think there's a few of us that have different concerns. But I think it's a fact, I mean, it was presented to us by Mr. Telka that the high school is overcrowded currently, and this would add to that. And I, the other thing that I thought I heard that was a fact was that there aren't sidewalks along bridge and that a development of a multi-tenant unit at this location wouldn't fix that problem. Would those be considered facts, or do we need to have more evidence to make those factual? So some of that might go a little outside of my abilities to give you a legal opinion. I think the point is that you need to base your decision on the facts you heard in the record and on a logical basis. And they need to meet the criteria that was discussed and they need to back up that criteria as to why it does not, does or does not meet that criteria. So remembering what those criteria income this and, you know, having some sort of basis for that decision. Okay, so just to clarify by just for the record, those were the two things I heard that concerned me. I wasn't concerned about vehicle traffic increases. I was concerned about pedestrian traffic increases and the safety of teenagers walking or biking down a very busy road that's in fact even a highway without proper sidewalks or paths for them to get to school. And what I heard in this presentation was that middle school students will have to traverse to Overland Trail middle school requires them to get across town to 19th Avenue, cross bridge and go up to Overland, or to Brighton High, which is even further, that was a safety concern of mine. And then the, I mean, it wasn't about vehicle traffic necessarily. So I just wanted to clarify that, thank you. Okay, thank you. All right, everybody else that hasn't spoken the second time, if not, I'll go ahead and close the public hearing. And I believe Mayor Portem wanted to make a motion. Thank you, Mr. Mayor. I would like to make a motion to deny item 6A based on... Section 2.04C, item B presented to us regarding the benefits from any flexibility in the proposed plan, promoting general public health safety and welfare of the community. And just to be clear, Mr. Mayor, a yes vote would deny this application. the second. I don't remember pushing. Yeah, yes, bears. I second that motion. The first and a second to deny the. Deny this is there anybody else that has any discussion before we vote? Okay, roll call vote. Mayor Monson. I'll say yes for now just because I do believe this could be but I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry Council member Cushion. Yes. Council member Humbert. No. Council member Jordan Alley. Oh. Council member Pollock. Yes. Council member Tadeo. No. Council member Watts. Yes. Yes. Very much. Pass five to four. Yeah. Very much. We will pick a 10 minute break. It's nine, 13. We'll come back in 10 minutes. I'm sorry. the of the City Council of the City of Brighton, Colorado, accepting the proposal of UNIDG engineering solutions LLC and awarding the contract for Recreation Center Ponds Design, Project number 21-006726 to Udijini engineering solutions for the contract amount not to exceed $184,295 in authorizing the city manager or designee to sign the contract on behalf of the city and the city clerk to attest there too. City manager by East Dessessa, really have to present on this tonight. Yes, we have our Ut on this tonight. Yes, you're on the rehab, our Utilkini's engineering manager, Mr. Roy Gally, that'll be giving the presentation. And then also to help us address any questions that the council may have, we have our parks and recreation director, Mr. Travis Haynes. And before I ask Mr. Gally to begin, I was asked earlier today by the mayor pro-tem to see if this was a different, if it was the same project or a different pawn had been repaired or something of this nature. Please know that it has been a while since the city has repaired or made any major repairs to pawns. But this is a different project and I believe I'll let the a letter engineer you know further address this question but this is a different project calling up. Thank you. Mr. Galli would you like to begin your presentation? Let me share my screen. Thank you city manager. So this is different than the non-POP Ponds we brought forth to you late last year for construction. So this is for the Rec Center ponds design project. This is a project that's going to be worked between utilities and parks. So I know both departments are really excited about it. Within the strategic planning area, this falls under the facilities, amenities, and open space, and also supportive and sustainable infrastructure. So just an overview of what we're going to give you. We're going to go into the project background, some project details of the solicitation and proposal phase, the final recommendations and then we'll open it up to any questions. So project background, these ponds are located at the Recreation Center on 11th and baseline just south of baseline. There are two ponds located on this property, one directly east of the parking lot for the Rec Center and then one to the north. So the south pond holds utilities augmentation water for irrigation around the at-rex center property and the north pond serves as a fishing pond for the Parks and Recreation Department. Some more background for you. The north pond is currently unlined and recaliers constant pumping to keep full. That becomes very problematic when this is being used as a fishing pond. Constant pumping, there's a lot of energy costs associated with it and the ground water here is pretty gravely, so the water likes to infiltrate pretty quickly. The south pond itself is lined The south pond itself is lined and we use that for augmentation. But there's also another aspect to this project is that our stormwater master plan recommends that this area function as regional detention pond for the north outfall of baseline out fall alignment. So the project we're currently working on with myel high flood that will handle the preserved ponds and the present ridge pond will go through this facility and out to baseline ultimately to the South Platte River on baseline. So some of the project details for this project is number one is going to allow for safe movement of stormwater through the facility as part of the city's North Outfall baseline outfall alignment. We are also going to look at lining the North Pond to ensure that it stays full for the fishing and recreation portion of it. And we're also going to be looking at repiping some of the stormwater in the area to ensure safe and legal storage and transmission of augmentation and stormwater that we have. So the proposal phase that we did, the city entered an on-call storm water engineering agreement with the engineering solutions on May 14, 2020, for five one-year increments as a response to a formal RFP number 20-016. We had 17 firms submit on that on call and we shortlisted contracts on an on call as needed engineering design service. Six were chosen based on their abilities to complete work across all utility types. Storm, sanitary, potable, water treatment, wastewater treatment. Ingenuity engineering solutions was shortlisted for specifically storm water related projects based on their past000 in the budget and parks had $50,000 in the budget. The proposed cost for the design project came in at $184,295. So final recommendation, city staff and utilities and parks and rec, recommend accepting the proposal of ingenuity engineering ingenuity engineering solutions for $184,295. So with that, I will stop sharing and we'll take any questions from council. Thank you Roy. The questions and comments from the council. Mayor Portana is handed. Thanks Mayor. I just wanted to say I really appreciate the amendment by success and staff getting together to answer that question that I asked previously. Just want to make sure they're divided things and we're not reiterating something we've all eaten as you know so I appreciate it. I appreciate it from both of you so thank you very much. You next council member blackhurst. Thank you mayor. I understand this project what you're doing, and I think it's a great project, and hopefully, one of the things I hope we get out of this project is a more reliable, non-pot system for irrigation of Brighton Park may have the most square feet of blue grass in the city. And I think it's very, very incumbent as we started talking about water that Roy, the, this pond is directly connected to the full ditch. It's a great resource for us to move that water down there. So I applaud this project because I see it not only improving the one, I hope it's not going to improve just the one north pond by lining it, but maybe a connectivity between the two ponds. We're going to be looking at the entire facility. Hopefully there's the ability for us to combine it with the recreation side and then also the stormwater and augmentation. There are quite a few people fighting over the same square footage. So we'll have to do it out and see who comes out on top. But I think we can find a good solution for all of them. So it could look different the final solution from what we have currently on that site but until we actually dive into it and know what we're getting into it's hard to say one way or another. Just just tell Scott that those ponds are for irrigation and and recreation. He can have the rest of the park for the overflow and sometimes that park has been almost completely full and on major storm so And he can have the rest of the park for the overflow. And sometimes that park has been almost completely full on major storms, so it is a basic. And the last question is kind of a strange one because it's also to recreation side. And I just thought of this. And that pond is relatively small. I mean, it isn't like Ken Mitchell Lake. It's relatively small. Is it practical for us to limit the fishing in that lake to young people, let's say, under 18 years old? Is that something we could at least consider? Because I have seen some of the most avid fishermen out there for adults. Yeah, I think that would be something we could definitely look into. As you know, in the past that Pawn has been used for the kids fishing derbies and other things like that. There is a hatchery that stocks that for us. You know, we don't have a city fishing license or anything that's required on that lake. It would be any different than what the state would require. But we could definitely look into setting some rules there. You know, definitely setting limits on the amount of fish people can take. I know there have been a few fish room in that, or on the lookout for the stocking truck. And once it hits, they're in there and they've got poles in the water and they're taking everything they can catch. So, and it is definitely something that we could look at and look at, you know, making that type of a rule change and something we could, you know, take to the park and recreation advisory board and then bring back the council for consideration. You know, that's what I'm saying. It's limited size wise and you can already put so many fish in it. I'd like to see the kids benefit by that recreational opportunity. Thank you. You bet. Thank you. Next, uh, council member Watts. Thank you, Mr. Mayor. Um, thank you for that. You know, I think it's great. You know, you know, doing with this and all that. I just wanted to. A couple things. I just wanted to point out. Really just to say thank you for that presentation. Thank you for telling us about it. Thank you for getting these things done. And thank you for all that. The. The park department does. And really wanted to touch that. I'm glad to hear you say that you're going to take it to the Parks and Rec Advisory Board and kind of like let that get decided on on how we've received forward with other things with the with the fish and so that's that's really all I had to say and just touch on Council Member Blackhurst's points. Yes, Bright Park does have the most square footage. I think I walked it four times during the virtual turkey trot so I can tell you that it's it's got that when I got lost on my map, I got you know that and Travis for you is, tell us about Blackhurst, one of the ones following that stocking truck because he had a lot of knowledge about that fishing there. So I just curious. I can't say that I've seen him out there personally but I'll keep an eye out for him. So he does know a lot about it. So we'll make sure we look into that. I don't mean to jump back in here, Mayor, but what I meant to say is that the fishing should be limited to our young people and seniors. Hi, thanks. Well, next good, a council member, Jordan, Ellie. Travis, you answered my question on stocking, but I guess I'm going to ask another dome. What are we stocking it with? The hatchery that brings them in, they they don't breed in more water, but they bring them in with the intentions of the trout being caught and kept. But yeah, like Councilmember Blackhurst said, we need to look at limiting that, making sure people are following the limits and talking with Parks and Wildlife about patrolling it a little bit more when they do the stockings. But that's what they're talking with when the hatchery comes in. I'm sure there are other types of fish in there that have been in there over the years, but that's what they stock with. Yeah, thanks. Going by the way, I think my yard is running a close second for a patch of blue grass. Thank you, next. We're gonna count for member Pollock. Thank you next. We're going to councilmember Pollock. Thank you, Mayor. I just like to say that I've seen many parents out there teaching their young how to face. So unless we're going to spend a whole lot of time asking for IDs and seeing who's doing what. I think that just kind of. Yeah, too much control. It's for everyone to enjoy. And be the little, middle old, whatever. I don't think we need to go to that extent. It's not like we offer a whole lot of recreation here. So I think. In my opinion, since my little two and a half year old has gone there fishing with his dad who is dad is only 19. I think we need to keep that in mind. So anyway, then you touched on a very sensitive subject to me because my babies learning how to fish. Thank you very much. Thank you. Any more questions? Could you put the council? Jordan, no, your hands up. Was that okay? All right. Sorry. All right, the silence before council or consideration? What? We'll make sure I'm off mute this time. I would like to make a motion to approve item number 10a. Please. The proper first to approve item 10a. That's member Humbert. Just mayor, I will second that motion. First and a second. The discussion. Call the. Mayor Mills. Yes. May I put him Johnson. Yes. Council member black. Yes. Council member Cushing. Yes. Councilmember Blackhurst? Yes. Councilmember Cushing? Yes. Councilmember Humber? Yes. Councilmember Jordan-Nellie? Yes. Councilmember Pollock? Yes. Councilmember Tadea? Yes. Councilmember Watts? Yes. Proud of motion passed. Nice to see you. Thank you. The next item on the agenda is item 11a or review of COVID statistics since we demand your vice for economic development and community engagement, Mr. Michael Martinez to give a report please. Good evening mayor, mayor pro-tem members of council. Me second to share my screen. I know we still have a lot on the agenda, so I will be briefed. Can you see my screen? Yes. Great. Well, thing I want to mention about this presentation tonight is I'm happy to unveil the new presentation template that staff will be using in the foreseeable future. So we've asked all of the directors to start using a template have a different twist for each department, but hopefully it's consistent. So with that, we're going to start my COVID update. Maybe there we go. So in terms of where we are at the state level, I'm sure that you've heard. We've been doing great. We did have a little bit of a hiccup and currently cases are on the rise here in the state, not significantly, but something of concern. So as you can see, we actually had seven full weeks of cases on the decline. Unfortunately, last week, into this week, we've kind of hit the incline on that. So we've had the first week and seven weeks where we've actually seen an incline over cases. So that's a little bit unfortunate, something to watch. But again, I think that in terms of the vaccination efforts and all the other things that are happening with COVID mitigation, this is hopefully a blip and not an indication of things to come. But as you can see on the screen, statewide 430,000 cases, we've had 2.5 million people tested so far, which is an excellent number. And this 2.5 million people tested is really, is a number that doesn't include some of the other rapid testing. So that number actually is probably more in the three million range, and you include other types of testing that doesn't get reported to the state? Unfortunately, we've had 5,927 deaths that are directly attributed to COVID, really since the year, it's been a year this week. So in terms of hospitalizations, current hospitalization numbers, as you can see, we have 427 patients currently in hospitals throughout Colorado, with 58 of those patients under investigation. Our hospital numbers also match kind of what we've seen statewide in terms of an uptick. We did have a slight uptick over the last week in hospitalizations. Again, something to pay attention to. It's not a huge concern at this point, but it has the potential to be that if we continue to see a rise in hospitalizations. In terms of where we are in Adams County number wise, we've been doing pretty steady in Adams County. Total case wise we're close to that 50,000 mark now with 628 deaths. But as you can see on the screen for the right. In terms of the last few weeks, we've had some ebbs and flows that have relatively been stagnant. You know, there are days where we've seen 20 cases reported, there are days where we've seen close to 150 cases reported. So, you know, it's up and down in the county, but we did see a tiny bit of an uptick last week, just like the rest of the state that did affect our our variance numbers, which I'll get into here in a second. But overall, we're doing pretty steady here in Adams County as well. I'm in Brighton. I'm sorry, I should have helped this right one. So hospitalizations in Adams County, we are doing very good there. We did have one day of an uptick, but we're relatively low compared to the rest of the state in terms of hospitalization rate. I'm happy to report that in Brighton, Platt Valley Medical Center currently only has three patients hospitalized with COVID. Unfortunately, two of those patients are in ICU on ventilators, but that's a very encouraging number. In fact, there are days where they've had only one patient. So we're seeing a good decline here in Brighton in terms of our hospitalization. In terms of Adams County vaccination data, as you can see in front of you, we're doing a really good job of continuing to pump out vaccines. We're averaging right around 2500 vaccines administered per day in Adams County. and the vaccine is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that is a vaccine that there. I think this is an extremely positive number. I know that we're doing good in terms of where the state wants us to be from a vaccination standpoint, especially with our senior 70 and above. So I'm extremely pleased at the efforts that are happening throughout the County County to get vaccinated. As I mentioned about the dials and the metrics, we did see a bit of an uptick in our numbers. In fact, we were in blue for all of our numbers for five straight days. We were two days short of meeting that seven day threshold in order to go down to blue for restrictions. But you can see here, our seven day cumulative incidence rate is at 126. Now, you might have heard on the news or that otherwise there are counties Douglas County Jefferson County that were potentially going into blue. Looks like a lot of those numbers are starting to jump as well so it'll be curious to see what the state does given that some of the counties that just moved to blue are now moving back into yellow in terms of numbers. So we'll see how that plays out. But two good statistics are seven day average positivity, which last week was above 5% is actually below that number again. So once we get that seven day cumulative incidents rate back down the blue. We sustained that for seven full days and hopefully that will allow our businesses to start operating in that level blue as well. This is our incidents rate and as you can see on the lower left hand corner, excuse me, lower right hand corner where we were kind of last week, we were of that dial threshold blue to yellow right there. We're really close to getting into that blue area. We do have a slide up tick in our cases now. Adams County is in red. I'm sorry, Adams County is in orange and you can see that slight little tail of increase there. This is another metric that is considered on its our hospitalization rate percent of percent change in hospitalizations of persons with COVID that number is really good we're down 83 percent compared to previous two week period so that's a really encouraging sign and again that to me is the most important factor keeping folks out of the hospital and it makes sense that this number is down because if you remember majority of folks in the hospital and deaths attributed to COVID-19 were that group above 70 and so if we're vaccinating a significant amount of those this number should continue to drop. I'm Brighton. We're like I mentioned we're doing pretty good we have had a few days of uptick but overall we're doing relatively well. We've had 3,812 confirmed and probable cases of COVID since the pandemic began. Unfortunately, we've had 118 deaths. Our rate has fluctuated, our weekly incidence rate has fluctuated between roughly 126 and 92 being the low number. I think we're gonna continue to go down as a city. So encouraging numbers there. And some other news and developments related to COVID. So as you may be aware, the state moved into vaccination phase, or the state is moving, excuse me, into vaccination phase 1B3, beginning Friday, March 5th, this Friday. So 1B3 allows in addition to previous phases, it'll expand the eligibility of Coloradans age 60 and older, grocery workers, agricultural workers, and people ages 16 to 59 with two or more high risk conditions. Those high risk conditions are defined by the state and for more information on that, you can visit COVID19.colorow.gov and there you'll see the requirements for what they consider high risk conditions. The addition of phase one B3 will have added an extra 950,000 eligible residents. So again, a pretty heavy lift, but the fact that we're continuing to see the amount of vaccinations delivered to Colorado residents, increasing week over week. This number is, it seems big, but hopefully we can get through that relatively quickly. And the expectation is we will get through that relatively quickly and move into phase one before estimated to begin March 20th. Phase one before is a much more inclusive group. It includes a much longer list of folks and it also does have a local government component to that. We're still of course awaiting more guidance from the state, but there is hope that in phase one before there's potential for some of the city staff for continuity of government to get the vaccination as well. You may have also heard that Johnson and Johnson has received emergency use authorization for their one-shot vaccine. And again, this is different because it is only a one-time shot. You don't have to get two shots 28 days apart. It's a very promising vaccine because it also doesn't have to be stored at the same freezing levels that the mRNA vaccines do. You can actually store this in regular refrigerators. So this, this is kind of a game changer in a way because it opens access, especially for rural areas. And then worldwide for areas that don't necessarily have the same infrastructure to provide cold storage. This is believed to be a significant game changer. So excited for that. And Johnson and Johnson today also announced a partnership with Merck, the pharmaceutical giant, the greatly increased production of their vaccine. So this partnership is a very unique thing. In fact, Johnson and Johnson and Merck are rivals in their industry. So the fact that they're coming together to increase production of this vaccine is a significant development. With this vaccine, Colorado is expected to receive 40,000 doses this week with more expected each subsequent week. And I'll leave you on this note as well. Today, the Biden administration announced that all Americans should have access to a vaccine by the end of May. Originally this number or this the target was to have all Americans have access to a vaccine by the end of July. So the fact that we've kind of overcame some of the initial production hurdles. The Johnson and Johnson vaccine being approved has decreased our total time by two months. And this is extremely encouraging because this really is light at the end of the tunnel. I mean, we're two months away from that. So if we can't hit that number, I think we won't be having this same conversation every two weeks, I'll just say that. And with that, I'm happy to answer any questions. All right. Seems you Mr. Martinez, questions from the council. We'll start with the mayor for them. Thank you very much, Mr. Mayor. Sometimes I love my notes and my diligent notes and sometimes I don't, but I think the honest thing to do right now is to say, and this is not on our current city attorney nor our city manager. I need to make counsel aware that the reason that COVID statistics were put on the agenda were based on a certain motion. When I went and reviewed the motion, minutes ago, I realized that the motion was based on with Councillor Blackhurst Cushing and I talking about that as soon as a vaccine is created and implemented that we now have, like that, the motion was made to that point. And I just want to make council aware of that and staff, it's up to the city manager and the mayor, what goes on the agenda, that's the way I try to work. So I am personally happy that we get to see these statistics. And I would like to convert that more into vaccination statistics as we go forward, just for the benefit of residents and council. But I want to make that very clear that the motion we did make to make this be on the agenda from the council level was based on when the vaccine was implemented, and I believe that's that time. So just wanna be really clear about that, and open and honest, and react as a council as we may. Just wanna be clear, thank you very much. Thank you, I know that this was put on like the May protege said, just, you know, be able to make decisions if needed. And as you said, through the vaccination period and now in the middle of that, I guess we are at a point where we make maybe to make a decision if we want to continue in this format or move it over to the study work session. So those things to consider as we move ahead in this or continue it in this same manner. So next counts. Next, Council member Watts. Thank you, Mr. Mayor. Didn't we, when we did make that motion though, I'm only mentioning now because Mayor Broken brought up. We did it on regular meeting nights in case we wanted to make any formal action, I remember correctly. Is that correct? That's what I remember. Yes. Yeah, if you would allow me, Mr. Mayor, quick. Okay. Thanks. Yeah, yes you would allow me, Mr. Mayor, quick. Okay. Thanks. Yes. Yes, Councilor, Councilor Raj, yes. But one of the stipulations that was made on the actual motion was until a vaccine is implemented. And it's not implemented at the best level that some of us think would have implemented. Right. Yeah, I just wanted to, that's why I didn't want to move to a study session if we wanted to leave it on here. Makes what I was saying. Yeah. So that's fine. Thank you. Mr. Martinez. Question on testing sites. So has there been a decrease in testing sites over the last couple of months? Obviously. So like if you were to estimate or maybe you have these numbers, I'm, you know, as smart as a man as you are, and all around those things, you may have these numbers readily available. Roughly how many sites are there now in Adams County versus where they were in January? Protestings sites. And with that, not the interrupt you there, I knew you were going to answer it. Is the one we saw, not the one that we have, but the one that I'm kind of regionals doing, are they still doing that in the house that anyway? I'll answer your question. We have roughly the same amount of testing sites that we started with in January, but those will be going away potentially at the end of this month. We've heard of a regional site that we have in place now through the county is only scheduled to go through the end of this month, March. To your point, and I think you're bringing up a really good point, testing has gone down. Testing has gone down statewide for a few reasons. One, I think that obviously there aren't as many folks with COVID, we had the vaccination as up. So we don't see that same amount of people actually getting sick, which is a good thing. You know, interestingly about testing too, the market has started to fill that in, right? When we originally started, the amount of tests available was such in limited supply that, you know, governments basically had to buy them or we had to source them from specific spaces and ration them, so to speak. Now that the market has matured in a way, you're seeing places like you literally can go to King Supers, to Walgreens, to literally anywhere at this point and get a test whether that's a rapid test or a more thorough test. So I think that that's always kind of been the goal, right? Is to hopefully help have the market pick it up so that government doesn't have to continue to push on that. But I think it's encouraging that there isn't that need, that we don't necessarily have to continue to do it because our COVID numbers continue to decline based on vaccinations. Well, which is good. And also one that Paul was saying is, do you think that as vaccinations and more companies are producing these vaccines, some of those testing sites maybe converted to vaccination sites or? Absolutely. Is that kind of what I was kind of getting at that as well? Great point. Yeah, that's an excellent point. So the mass vaccination situation is something that has been considered. I'm sure you've heard about some of the larger sites like Courseville being used right now. The state is looking at a lot of different options to utilize space for mass vaccinations. I know that the county has considered Rivadale Regional Park for that. Right now it seems like the the space that they're using that Plabelli Medical Center is using at the Adams County government center seems to be working pretty good. But we're also we also now have the ability for other what they call community testing sites to be approved through CDPHE so So there are sites available. Are there options available for sites to be used? For example, there's a potential to have a mobile site for ag workers here in Brighton. In fact, I know that the county is working on that where they potentially just bring a bus and have vaccinations ready to go. And you know, with the Johnson and Johnson vaccine, you only need one shot at this, right? So if we can use those vaccines for folks where they might not come back for a second vaccine, we can get them in one fell swoop. I think that's the option. But yeah, I think that the mass vaccination site option is an excellent thing, especially as the amount of vaccinations that become available hit the market. Well, as great as that sounds, it's also scary to know that it has flashbacks of my elementary school days where it was lined up getting booster shots, but no, with that. But I do have two more questions I ask you. I'm sorry I've taken up time. I apologize to everyone out there. One first question is, are you seeing any more municipalities now meeting in person? Are they still mostly virtually at this time or virtual at this time in Colorado? Or really in neighboring communities to us? Yep. Good question again. We are starting to see some municipalities go back to the hybrid model. I know that there are municipalities who want to get back into the swing of things when it comes to being a person. I know that Denver is moving back in person. Of course, they're taking different precautions by installing flexibility station, that sort of thing. But again, I think that's dependent upon each municipality. I would say that looking at it statewide and reaching out to my peers throughout the state. It seems like the majority are probably still virtual, but especially with our neighbors, I know that some of them are coming back. In fact, we met with Port Lofton last week, and they are doing a hybrid now, but they're looking at how they can get back into doing it in person. Now, obviously, we don't want to do it unless it's going to be safe for our city staff and Now obviously we don't want to do it unless it's going to be safe for our city staff and Presidency coming here and voice opinion that we mentioned earlier, you know, obviously we want to do it safely as we brought up a few times tonight But I was just curious what good in the palaties are and then lastly sorry again everybody but lastly I have to ask this and Well, I ask it every time we get these updates is still no helpful restaurants with the every time we get these updates is still no help for the restaurant with the relaxation and restrictions. I know that it goes to that 25 to 50 and I get that. But just for all those that are math dummies like myself, 50 and 20 percent are the exact same thing when it comes to 50 people. So, and that's really what they're talking about is up to 50 people. So, you mentioned, you know, we're kind of in that blue thing. We'll see how Douglas does and all those other ones do. And, and then if we drop back to yellow, we're back to that again. I mean, even in blue, bars aren't allowed to be open unless they serve food, which I don't understand why you can't catch COVID when there's food served, but if there's no food served, you can catch it. So, like I said before, many times it's confusing with that. So, really, we're kind of in that blue, and we can be in blue for a while or drop back on the yellows that you're saying, correct? And that's all I've got. Thank you. Yeah, so we technically are operating in yellow now. The hope is to actually go into blue because that would open the rest of capacity from 50 to 150, of course, there's that that's only good for the larger restaurants, right? For a lot of the smaller restaurants in Brighton, that's meaningless. But I will say in the near horizon, we have heard that the dial will change because I think that we all can agree that the dial system hasn't been the best in terms of being predictable and being equitable. So the state is cognizant of that. I've heard, and again, this is purely hearsay, that as we move into April, that dial system will change to either the dial 3.0 or they'll call it something different, but that relaxes restrictions significantly. Thanks for clarifying that. I even heard that dial might change even this month of March. Maybe it's for April. I'm going to go to the next. I'm going to go to the next. Thanks for clarifying that I even heard that dial might change even this month or more. Maybe it's for April. Next, I see councilmember blockers. I appreciate the mayor pro tens. Always keeping good records. I'm not sure if you're sure if you're not sure if you're sure if you're not sure if you're sure if you're not sure if you're sure if you're not sure if you're sure if you're not sure if you're sure if you're not sure if you're sure if you're not sure if you're sure if you're not sure if you're sure if you're not sure if you're sure if you're not sure if you're sure if you're not sure if you really making progress towards getting back to life. Normal life is we used to know it. If we can still remember what it was. Is so many people are opting not to take advantage of the vaccines. For what reasons, I don't know. I know there was a lot of, initially, there was a lot of fear that they were being rushed through too quickly. I thought most of those comments had been debunked, but we still see that the rate of vaccinations, even with people that are allowed the opportunity is I think it's alarmingly low. And I don't know whether it would be appropriate or whether it would even make any difference if the council somehow maybe had a resolution encouraging our residents to take advantage when the vaccine is available. I know it's a personal choice, but it impacts everybody, or restaurants can't open until we, and other businesses are impacted by that. It definitely impacts more than the individual who decides not to get the shot. So I don't know if that's even something we want to consider. Thank you. Thank you. Next. Go to council member question. Thank you, Mayor. Yeah, and Council Member, I'm sorry, Mayor Pro Tem is correct. I'm looking at July 14th, minutes, and it says that until a vaccine is available. So I guess it's up to the mayor at this point if we keep this on the agenda, but I do agree with Councilmember Watts that one of the reasons that it's been valuable to have on our Council meeting agenda is that during this time if we need to do something we're able to, we are still in a declared emergency and we're not meeting in person and we're not allowing our residents to comment. We're having, you know, we have we have a resident that still has their hand up that wasn't able to speak and it's unfortunate that our residents aren't able to participate in this. So I do appreciate it being on the agenda if it's an option just because we're still not we're still kind of denying our residents that ability to participate in government and we're still in that state of emergency and until such time we can kind of end that I still think there's a possibility that we may need to take, you yeah, definitely it seems like it's up to the mayor. So, you know, if you'd like to do that or not, if we don't do it, I do think it's still important we discuss it, even if it's in a study session. But otherwise it's good news and glad to hopefully we keep seeing the trend going our direction. Thank you. Next we'll go to Councilmember Humbert. Thank you, Mr. Mayor. No, I am concerned as was mayor Pro Tem and as Councilmember Cushing said with, you know, we're, even if we get, now that we have a vaccine, we're still not out of the woods. So I see a need to keep the COVID statistics coming until we think we don't need to act anymore. And I think both should take a vote probably to that effect. I mean, we should vote now. I make a motion if needed to continue with COVID and vaccine statistics for at least another month. And that's only first meeting of April would be done, I guess, or that would be our last one, unless things change, but things can change as we've seen week to week or, you know, every two weeks that things can, there can be a rise, a backslide, so to speak. So I think Councilor Mayor put them just and probably was, I don't wanna pull words in your mouth, but thinking that yeah, there's a possibility there could be a backslide. We could take it off the agenda right now, but better to be safe, I think. That's all. So, Council Member Humber, are you trying to make the motion or are you just trying to make a suggestion? If we need a motion, I would be glad to make one too. Can you, be glad to make one to continue COVID and vaccines to just accept regular meetings for and the reports may be getting smaller each time, but till we feel a little safer about it. And you know, I heard somebody today say, well, pretty soon, so we'll be encountering today on our walk. Pretty soon, we won't need these things anymore. And that person wasn't wearing a mask, but, you know, we're not done. So, so moved, I guess, to continue the reports at least another two meetings, or until we feel safer. And so to clarify, you're making a motion to continue having these COVID discussions during the regular meeting for the next at least two meeting cycles. Regular meeting, yes. Okay. First of all, our city manager has a one. I want to see if she has something to see like the say. Yes, thank you. Thank you, Mr. Mayor. First of all, I do appreciate the council's interest. Obviously, this is something that we discuss at our staff meetings on a daily, daily basis. I'd be happy to bring this report to City Council. I don't believe you need a, to take any type of formal action. I'd be happy just to bring it on our regular council meetings until we think that it's closer to the end. So I don't believe you need a motion. I can just do that myself as the City Manager. Can drive that staff to do that. Thank you. So given the city manager said she's committed to continuing these equipment on the agenda is that emotion you still want to keep. I withdraw by motion. Motion. I'll be happy to do it. Thank you. Okay. Well, thank you. All right. So I just want to, you know, make a quick comment. I noticed that it was talked about that because of our COVID situation, it's been hard to have residents comment. And we definitely, I have definitely appreciate the residents that have had passion and comments and especially today. Regardless how we feel individually, I think it's great that the people are out there being involved. I don't think we're denying them their ability to speak. I just wanna make that clear that we've made. I think the Zoom format has helped people have the ability to speak more while they're in their home. And there's a phone format too to go on with that. I know there's technical problems, and I really apologize that those do need worked out and I don't think that's the fault of either the individuals or anybody on staff. I know this is a little off topic. I know there's a person that's razor-hand to speak and I'm not trying to shut him down or anything but we would need a motion to amend the agenda, I believe, to allow residents to speak again if the city attorney can clarify that for us too. So if the question is, if you passed the time in the agenda to speak on matters not on the agenda, I believe if you were to allow someone to speak on matters not on the agenda, you would need to have another comment period and that would require amending the agenda to add another comment period. Since that point at the agenda had already passed. Right. So if we were to allow someone to still continue or have a chance to speak again, we would, after we're done with the COVID statistics, has someone make that sort of amendment? Well, mayor, can I jump in there? The difference in this and it was he was called on. It was a technical reason that he was unable to speak. So I see that is completely different than someone just, you know, coming back and saying, I'd like to speak now, because you actually gave him the floor. It wasn't anything anybody did. He wasn't able to talk because of the technicality. That's all I would say, but I don't know. Okay. There's a demo here. Thanks, Mayor. Yeah, I definitely want to always allow the ability. So the one question I would ask, I don't know if you have other information that we don't have, but I hated that the technical issue did get in the way of it, but I agree with Councilor Blackhurst that that was the reason. So let's be very clear about that open with the public that no one tried to make that happen. But I think the best thing we can do is as soon as it is possible for that person to speak publicly whenever we can allow it. I think that might be a good place to do it is if it's now, then it's now, but if we have to have a special meeting before our study session next Tuesday To allow anyone in the public to speak in and everyone knows Counselor that former counselor meslonic and I don't always get along, but it's not fair that a resident at this moment doesn't get to speak So I definitely think that we should be so is that possible for him to speak now? Lena. Well, excuse me, Mayor, is it technically possible? Like is he there and is he able to speak now before we even have to ask the legal question is what I mean? I believe he can speak, given he said a couple words during the public hearing. So hopefully that has worked out. I'm just trying to find out if we can actually do that. So. I know this was kind of a little unorthodox. Yeah, I mean, I don't, I obviously don't want to get too far into like having a philosophical conversation here. I would say, you know, if this was not a technology issue, if someone was late to the meeting and just missed the time, I think that might change my answer. I think to councilmember Johnston's and black first point that was not by this person's own actions that they were unable to speak. I think that I would still suggest that council make a motion to allow this person to speak even though this is not the correct time on the agenda given the circumstances that occurred that kept this person from, you know, making comment. I think what I want to be careful is that we're not creating a situation where we're suddenly having comment all over. All over at all the times. When we have set times on our agenda, I think given the particular circumstances, I would leave that decision up to council. Okay, so if we wrap up the COVID discussion, if everybody's good for that. I see, did I just see a hand? I'm sorry. Okay. Newfoot. Yeah, with that said, I would go if the COVID discussion is wrapped up, Mr. Mayor. Mr. Martinez, are we wrapped up? We are wrapped up. Okay. Thank you. Okay. Thank you very much, Mr. Martinez. Mayor, I would I think that the best thing that we can do at this moment to make sure that we are transparent as possible with any member of the public that I make a motion to a public comment at this moment for anybody that was technically not allowed to make public comment. Thank you. Thank you. So we have a motion to allow for this public comment at this time and we have a second council member Humbert. Mr. Murrell second that motion. Okay. And if there's no other discussion, we'll call vote. Mayor Mouse. Yes. Mayor Mills. Yes. Mayor Pro Tem Johnston. Yes. Council member blockers. Yes. Council member Pushing. Yes. Council member Humber. Yes. Council member Jordan Alley. I'm sorry. Yes. Council Member Pollock. Yes. Council Member today. Yes. Council Member Boats. Yes. of the technology can bring on the resident, Chris Messlennick. Well, loudness time to speak. Mr. Messlennick, we apologize for your technical issues or whoever technical issues. Just take your name and address for the record in the five minutes. Thank you, Mayor, Council members. Chris Messlennick, 243, Selves, Selves Avenue, Brighton. Thank you for allowing me to speak. I know we all have difficulty communicating as we all work through COVID. So thank you very much. What I wish to speak on tonight is an issue that's going to be coming before the city, probably more big picture and long term this year. But specifically, it's about an issue that's going to be coming before the city, probably more big picture and long term this year. But specifically, it's about an article that was published on February 9th in the Metro West advertiser. There were some comments made about reasoning that prior councils have voted against allowing medical marijuana facilities. I do take some objection to some of the comments that were made and some of the reasonings that were given for why councils made their decisions. And I'm quoting one of the comments was that the council was archaic, non-scientific and anti-monetary. I can tell you that's exactly the opposite. When council first started looking at medical marijuana, it was very new in the state. The state had given cities the right to deal with the issue as they saw fit for their city. One of the reasons we didn't allow at the same time was we were given numbers and statistics on armed robberies, burglaries, other crimes going around medical medical facilities at the time. And it was partly due to the amount of cash that they kept on hand, which brings me to the banking infrastructure that was in place at the time. It just wasn't there. Even to this day, there are very few banks that do business with medical marijuana facilities. They don't let them take credit cards. They don't let them take chips. So you don't truly have a banking infrastructure. Another reason that we voted against it. It was brought up that the residents write and voted for it by I believe 64%. Certain areas and certain awards voted for it. However, certain certain areas and certain awards voted for it. However, awards that even would have been considered for that zoning voted against it. Furthermore, at the same time, we did not have planning infrastructure in place. We did not have code enforcement in place. Nor did we know enough about it to know the correct people to employ and make sure that we're managing it, right? So, you know, that was 2012. Here we are in 2021, the world turns, world changes. I think everybody has a different comfort level with marijuana now. It's still a federal crime. However, there are different infrastructures in here in place. We can look at what other cities have done with zoning and we can maybe have an educated conversation about it. Where I have the biggest problem is is looking back to previous councils so so they didn't know what they were doing. They were being unscientific and just making path-cock decisions. Some of the decisions of this council is making and I'm watching it even tonight, you know, 10 years from now you may look back and wish you made a difference. 10 years from now it's easy for anybody to look back and say, man, that council sure made a difference. 10 years from now it's easy for anybody to look back and say, man, that counts as sure we made a dumb decision why were they doing that? So, A, I think it's very unprofessional. B, that's not the reasons that medical marijuana was decided against because you had ignorance and archaic ideas. you had ignorance and archaic ideas. So I am looking forward to as the year goes on, being part of this discussion, one of the things that was going on at the time that we were discussing medical marijuana was a complete revamp of our comp plan. At that time, of our comp plan. At that time, we did not have citizens expressing an interest in medical marijuana when we communicated with them on what our comp plan and our B bright and vision looked like. So as we move down this road, I would also like to bring in the public's input, whether it be neighborhood forums, whether it be neighborhood forums, whether it be things like that to look at this. That's all I had to say. Just wanted to make sure that the record was clear on why decisions were made. And with that, hopefully we can move forward with what's best for the city as is continues to be on our plate. Thank you Mr. Messlonec definitely use your time wisely. I do believe all that will be considered as all these walkthroughs during this time. Thank you. Thank you Mayor. Nobody have a good evening. Thank you. Thank you Mayor. Nobody have a good evening. The next item to get on to is the item 11B member end of understanding the minor home repair program. So this is a vice-decessor. the report. Obviously we need to get council consideration on this. The report that come and have come before you in the past regarding the use of community development, black grant funds for the minor home repair program. I'll ask our senior management analyst Nicole Samson to give a brief report on this. Samson. Nicole's box, but we don't hear her yet. There's. There's. Thank you, Nicole. Good evening, Mayor and members of City Council. I'm not sure why you can't be seen, but we'll go ahead and go right to. Sharing my screen. Hopefully you can see that. Are you able to see that screen? Yes. Wonderful. So tonight I'm presenting an update on the memorandum of understanding between the city of Brighton and Adams County for the administration of the minor home repair program. And to request council, allow staff to bring this memorandum of understanding to the next council meeting on March 16th as a consent item. Now you may be asking yourself, what is this minor home repair program and why do we need a memorandum of understanding? The minor home repair program is a program that Adams County established in 1994 to assess low and moderate income residents in Adams County with necessary repairs to their homes in order to ensure that these residents are living in safe, decent, and sanitary conditions. Adams County administered this program and cities can participate in this program participate with the county to provide the service to residents. Common repairs completed through this program include repairs to the roof, plumbing, electrical systems, hot water heater or furnace. Also, energy efficiency and ADA improvements can be made to the home. Now, one of the great things about this program is that residents who are eligible for the program do not have to pay for any of these repairs since this is a grant funded program. The minor home repair program is funded with community development block grant funds. You'll hear me call these CDBG funds. These are federal funds that come from the US Department of Housing and Urban Development and they come right down straight through to Adams County. The City of Brighton can apply to the County for these funds each year and request that funds be assigned to a specific project or program. The Community Development Block Ramp primarily funds renovation and repairs type projects or what I like to call brick sticks and mortar projects for low income residents. Now in order for Brighton residents to be served through the minor home repair program, the city can either apply or assign community development block grant funds to this program. So there's two ways to do this. First of all, as I said, we can apply for grant funds each spring and assign those funds directly to the minor home repair program. The other option is to identify the minor home repair program as a contingency project. This project would receive remaining funds from primary projects once it's complete. So for example, you can see that in 2019, we completed a CDBG funded project. And or I should say, at CDBG funds, 2019 funds, we completed it last summer. We have $13,000 remaining from that. If the minor home repair program was considered a contingency project, we could just roll over that $13,000 into the minor home repair program, and that would serve about one to three brighten households. Now declaring a minor home repair program as a contingency project does not require us to roll over funds. It's optional. It's kind of like taking an extra suitcase with you on a vacation if you decide to go out and buy a whole lot of souvenirs. You can fill that suitcase. If not, you bring that suitcase home empty. So it's not a requirement. Now how to allows us to roll over funds to another approved and active project and this minor home repair program is approved and active. But for us to be able to say to Adams County, we'd like to identify this as a contingency project is one of the reasons why we have this minor or this memorandum of understanding. If funds are not rolled over, which is typically a question, if these funds were not to be rolled over, we would have to assign them to another project. Now we do have an existing memorandum of understanding because we do have an active minor home repair program going on that Brighton residents can apply to receive services through. And that memorandum of understanding does identify the responsibilities of Adams County to administer the minor home repair program and the city's responsibilities in terms of this program. Now what this proposed memorandum of understanding does is it identifies the minor home repair program can be used as a contingency project. It also lowers the activity delivery cost amount. The existing my memorandum of understanding has a 20% activity delivery cost. Where is this new memorandum of understanding proposed as a 10% activity delivery cost? The activity delivery cost is the amount that Adams County retains to administer the program. It essentially pays for a staff member to assist residents with their applications and processing of the paperwork. The Adams County will take that activity delivery cost off of the top of anything we assign over to the minor home repair program. So obviously a 10% activity delivery cost is much better because it will serve right and residents allowing them to use the extra funds towards repairs. Some other information to know about the minor home repair program and the CDBG funds is that only residents of Brighton are served with the city's CDBG funds. And about each about $70,000 of CDBG funds are used each year for the minor home repair program. And that's specifically for Brighton. And there is currently $70,000 of CDBG in the minor home repair program to serve right in residents this year. Residents who are interested in this program qualify based on their household income, as well as other criteria such as residents must own and live in their home. They must be in a single family house and the homeowner must be current on their mortgage payments. Those residents that are interested in applying for this program can learn more about the program at the Adams County website for placing calls to county staff. So let me stop share. And I can take questions. Oh, questions. All questions. What. I want to change the color of my hand on there. You all have the same color and giving presented well. Nicole, I'd like to say, you know, thank you for this. And just wanted to say that in the fact that, I think we've used a lot of the money that we needed to for our residents. And I think you guys have done a outstanding job with all the funds we received for anything to get them out to take care of, to put programs like this together. So we appreciate that. And that's just really what I wanted to say. I appreciate everything you guys do down there, or not down there, you know what I mean? And you're areas, I don't mean to mean it down there. So I apologize for that. I just wanna thank you guys for everything you're doing. Thank you. Your next Comfort Member Cushion? Thanks, I just wanted to comment that I just always really like programs like this because, especially during during COVID we've got so many people that are struggling and struggling in their house and able to make repairs is in our best interest to not exasperate that other issues. So I just really appreciate that we're able to help in this way. Thank you. Thank you. Thank you next member today. Thank you very much and thank you for that presentation. I have one question is I'm assuming that there are income limits for this program. Do you know what those are? Yes, so people have to be at 80% of the area median income. So I'll give you two examples. One, a family size of two. So a couple, they would have to, their annual income limit would be $62,800. A family of four could not exceed $87,500. Thank you very much. That's all I have. Why any more questions from the council? Being none, I don't believe that the direction being asked. That this is more of a. The session. Sorry, Mr. Mink. What's that? Oh, you broke out. Sorry. Oh, I was just saying I don't believe there is a ask. I think this is more of an informational session that that could be convened. Correct. What we'd like to do is bring this back on the March 16th agenda for council's consideration for approval. The only thing we ask is we would like to put it on the consent item agenda, but if council would prefer we can also put it as a resolution. I see no problem as a cent that was. Presentation about before. Yes, that. you're breaking out again a week and a group for you. I don't think it's your fault. Can you hear me? That's a little better. We'll see. Okay. Yeah. I think it's appropriate to go into have this on the consent agenda unless anybody has any different opinion on that. So I just heard you without the microphone. Just over Okay. All right. Thank you very much. update on the Vestus Blades operations of our assistance in manager, Michael Martinez. We promise to be brief. Greetings again Mayor Mayor Polt and Mayor of the Council. As you have in your packet, I prepare a staff report that gives a brief overview of the Vestus Blades operation as has been reported. Vestus is consolidating operations throughout Colorado. And unfortunately, that will have an impact on the Brighton Blades operation. They will be moving blades production from Brighton to Windsor, but in place of the Brighton Blades facility, they will be moving and consolidating six other locations, which are throughout Colorado and in fact throughout the United States into that facility to make what's called their North American tooling headquarters. So there is going to be unfortunately some layoffs traded at the number of folks affected currently are 280 employees here in Brighton that will be affected based on the, excuse me, based on the blades layoffs. We do hope, in fact, city manager myself and the director of economic development, Patrick Kudon met with Festus last week to discuss the layoffs and future collaboration. As they mentioned to us, there will be the addition of jobs based on the tooling operations. So we don't have a complete net number of jobs lost yet, but we hope it's not, it doesn't equal to 80. One thing that I want to mention briefly, we have gone back and looked at all the agreements that are currently in place as mentioned in the staff report, the agreements that are in place are with the Brighton Urban Neural Authority. And to the best of our knowledge right now, these layoffs do not affect any of the terms of those agreements, but of course, we'll be diligent in making sure that the terms are continued to be met, specifically the employment number that is in the agreements. And we'll continue to work with Vestus to ensure that we have a better line of communication but also that the accountability mechanism is being met as well. So with that, I'll answer any questions. questions there for them. Thank you, Mr. Mayor. Yeah, I appreciate you explaining like what kind of no, Mr. Martinez, I just want to make sure that we are, I guess I have heard rumors more than I know any fact on this, but that there is contracts that were made where it had to employ a certain amount of bright and residents. And I just want to stick to that and make sure that we are sticking to that, but it's a big deal for me. I mean, this is what I dealt with in coal mine towns. My whole life and undergrad grad school is watching those contracts not be fulfilled with those towns and then the town towns getting boarded up. And I know we've lost some employees not as much as we thought, but Bestus is a huge employer of a, it's a huge employer for a region that doesn't just include here that affects our economy. As you know, I'm not preaching to you, Assistant City Manager Martinez at all. I know you know this, I just want to be clear. So I want to know what those contracts are. So as soon as we can get our hands on what we actually voted on in the past, I think it would be very important to know that. Thank you very much, though. And I appreciate this being brought up. Yeah, and I can answer that briefly. And I'm happy to, I mean, obviously these are contracts that have been in place. In fact, majority of them expired. They're just a certain amount of them that are currently in place. And the one that is in place that's significant is with Burra. But to the employment numbers in the development agreement, there's only mention that Vestus will in good faith hire, making an attempt to hire bright and residents. And so, as you can imagine, yeah. Really, there's no numerical value place. No numerical value to that. And as you can imagine over the last 11 years, I mean, the doctors you may, they will say they've met, made an attempt, but there is, there was not a number attributed to that. In fact, the only number that is actually solidified in any agreement, is a number of 900 employees must be maintained at the Brighton facilities between both sites. And so, you know that, and that's frustrating, and sorry, council, I know it's getting late, but I have to say this is that this council, this new council we have now, in this new city staff, when I can't say win or if it has happened because some of these actions might have been taken in executive session, but it's important that anyone listening now knows that we wouldn't allow that to happen with current businesses that have came in. And I'm glad we put in the miracle values to other things that could have been coming in around that area if you all catch my drift. But yeah, let's do better in the future. And we have to look to the future. Former Councilor Meslonik is right. We have to look towards that future. And that future is based on these little mistakes that we've all made on councils. And this is one of them. You put a numerical value to how many employees need to be employed based on a percentage. Otherwise you end up like this and we're like, we don't know how bad this affected us. So thank you very much. And if I could just add to that, I don't want to put words mouth of our director of economic development Patrick Hitton, but I think his philosophy aligns with that. We've discussed what incentives look like in the future. And ultimately, I think that there is a performance mechanism that should be built into incentives so that it ensures the local aspect is being met. And you've done that on my time on council when you were a director of EDC, you've also done that. But yeah, so I want to be clear about that. Thank you very much. Thank you, big points to bring up. Next Council Member Blockhurst. Thank you, Mayor. Couple of questions. First of all, many of us were understanding that the largest blade that they make was made here in Brighton. Is that correct? So they are no longer making that blade or do they switch that production to Windsor? They both, they've actually, they've decreased the size of blades as we understand. They move to a new blade. I shouldn't say decrease the size. I don't know if it's decreased the size, but the original blade, I think we're in version three now. But regardless of that, no blades are being made in Brighton period. That's all the loser. Well, I guess my point was, did they move that production with this, we were supposed to be unique that we had the Fiony manufacturer for that blade. Anyway, you probably don't know that. Along the line to the mayor pro-timber. I would like to officially ask them to show us in what way they have been trying to hire bright residents. We don't have a number on it, but they said they would use their best efforts, and I would like to ask them what they're doing because I know people that worked and have, that now work and have worked, and they were never asked where they lived. So what are they doing? Have you, if they said they would agree to it? In what way? Second question. Third question actually. Did we receive any sales tax from sale of blades in 2020. Yes, we did in 2020. We did receive sales tax frombestos for the sale of blades. We at some future time. City manager just us up. Could we find out what that number was? We don't need to do it tonight. Yes, I'm sorry. City manager, just as a could we find out what that number was? We don't need to do it tonight. Yes, I'll measure that. It's a meant to everybody. And and for. The rest of council's information. Two things. Number one, when we. We entered into I think a sweetheart deal for Vus, because we rebate some of that sales hacks back to them. We keep some of it, but we give some of it back to them. I understand. Understand. And the second point is, and I've been frustrated over this issue for a long time. They're part of Burah, but they never were part of Burah while that facility was under construction. It was after the fact that they were cut a really good deal for future taxes based upon us taking them in to Burrah. So Burrah never brought them here and I've heard that said many times. They were already here when that property was annexed into the Brighton Urban Renewal Authority. I'm not sure how anybody could stretch and say that was a blighted area when they had their new facilities there, but anyway. We've given them a lot, I guess that's my point. Thank you. Thank you, great points. Next, Councilmember Humbert. To answer some of Council member blackers questions. And this was these were things I find out covering the story. And then talking to business folks at the Rocky, find out more. There were more than eight million dollars in concessions made. To bring that here from the city, from the state, from even the United Power cut a deal to make sure they were here. The other thing is that we did derive sales tax from Vestus for not only Blaze, but Nacells. We are the main Nac cells producer in the country. So, and that's gone. And as far as I can tell, just looking what I've seen on this, the tooling is not going to bring us any sales tax brevenant. Because it's just maintenance, essentially, a thing, right? So we're losing a lot here. And there was a lot of pie in the sky. They talked about employing 600 people immediately and 1,200 within a year or two. They met those numbers. and playing 600 people immediately and 1200 within a year or two. They met those numbers, but I think they've fluctuated since then. But I think they were at their peak when they brought the biggest blade in about five years ago or more. And that's all I've got. You know, this is very disappointing. Yes it is. Council Member Watson, say, your hand earlier. Someone is. It's already been asked. Thank you. Okay. What sounds like we have some stuff to be brought back before us. May I put them you ever hand up again? Yeah, real quick. Mayor, thank you. I just wanted to say that I appreciate Councillor Humberton, Councillor Blacker's comments now. I hope that's, there's notes being taken because we need to know those answers. I didn't realize there was that much concessions and that was a bigger deal than we, we can't take for granted what happened with Festus and I feel like we need to just figure out what really happened because we don't know the numbers. So that's all. Thank you very much. Yes, we bring this back to us for those updates. Please. And then council member Humbert, your hands up again. It's that, is that just from earlier? Okay. All right. Well, thank you to our city staff, city manager, for bringing this to us. And there's a lot of information that we really would like a return to record on. Thank you very much Mr. Martin. Next report by city attorney. Nothing this evening. Okay. Report by city manager. Okay. Forced by our city manager. Nothing missing. Then reports from our council. I will start with. Thank you very much. We have airport coordinating committee committee happened. And now tomorrow. I'm going to meet with staff. We're going to go committee happened and now tomorrow. I'm gonna meet with staff We're gonna go over what we can discuss because most of it wasn't in exact session So I want to make you aware we're meeting at three tomorrow to go over Some of what happened so we can get that to council correctly. Thanks. Yeah, look forward to that one Remember blockers. Given the time and night I'll pass. I'll pass. Thanks. I'll put. I too will pass. Member Darnelli. Well, we click my link meeting. We had Brian Mason. He's a new elected district attorney there. He's going to get involved with Lincoln and. They have a new board members, Kelly Warnock. She's a starbuck regional manager. They have a new board members, Kelly Warnock, she's a Starbucks regional manager. They have Katie Pecker and she's a public defender, juvenile defense. So they got some people on their board now that are more related to their business. And I'm moving to advisory board from executive board. And then next year, they're still planning on going to go to the next floor. I'm going to go to the next floor. Advisory board from executive board. And then next year, they're still planning on going to another city. So we won't have that position for how we rotate around again. Okay, thanks. Thank you. Councilmember Pollock. Nothing for me, Your Honor. Thank you. Councilmember today. I also have nothing. Thank you. I also have nothing. Thank you. And then council number once. Just real quick, the information I sent to you in the city manager earlier today about the. That was given to send those surveys that students have been. Yeah, that's all I got. Thank you. Thank you. Before we go into executive session, we'll also see attorney walk us through. We had a little rule change on meeting extensions. Obviously it's gonna be needed. meeting extensions, obviously it's going to be needed. on it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. On it. 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