you you you you you you The I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible with liberty and justice for all. All right, thank you. First item on the agenda, administrative items, consider appointment to the Historic Preservation Commission and the Head District Plan Commission. Mr. Falconberg. Yes, Mayor and Council, I invite up our city clerk, Natalie Hol, to describe the applicants for these positions. Thank you, Mar of Good evening, Mayor and Council. The Brighton Historic Preservation Commission interviewed Sage Nellman at their last meeting, and they are recommending his appointment as a member of their board. And the District Plan Commission is recommending the reappointment of Adam Canis. So if I don't have any objections. Questions, concerns? Okay. Hey. It's like we're good. You guys will have a resolution at your next meeting. Thank you. Thank you. Thank you, Natalie. And then next item, introduction of new employees. Mr. Falconberg. Advide up a carousel. And we are bringing back the, after a long hiatus, introduce them new employees. You may not see every employee, but we'll try folks that you're going to be seeing on a regular basis, and folks that are able to come will bring them up and introduce them. So, Karen, take it away. Karen, will you turn on your mic? How is it? Thank you. Yes. My voice was like, here's Nicole. Samson, she's the manager of Strategic Initiative and Governmental Affairs. She's in the out of the City Manager's office. She'll be doing CML policy grants and kind of a catch all for special projects for the City Manager. She started out as a news anchor for an NBC affiliate and ESPN. She's been in marketing for nonprofit, she was an executive director. She has a masters in public administration from CU Denver and Undergraduate in Communication and Modern Dance from Utah. She's had 17 years in local government. Most recently with the City of North Glenn as Neighborhood Services and Housing Manager, she has a pet dog. Hey, she's known for telling you what the pets are because sometimes people don't want to tell me stuff so we start with what the pets are and then it comes out. She can be motivated. This is interesting with gummy bears and I've already given her bag. Are you done? Yes. Okay. Anyway, we just wanted to welcome Nicole to our team. Thank you. Welcome Nicole. And I'm glad there's another University, Utah alum in amongst us here. That's where I went to school. Anybody else? Is that it? That's all for now. That's it. But we do have another announcement on the opposite end of employee new introductions. Our parks director after 17 years here and a 50 year career has announced his return with this week Gary Whartle. So thank you Gary for all your years. He'll be here for another month and we have good succession planning in the parks and direct department. Travis Haynes over here is Assistant Director. He'll be interim as we open it up and go through the process for hiring. But we're really fortunate to have both Gary and Travis as well as Mark Wright in that department. Excellent. Thank you. Did you want to say anything else under that? Mike Woodruff. Okay. If we could have a couple of minutes of Mr. Woodruff just to do a clarification touch base on the municipal service center to land. Good evening, Mayor and Councilor. I wanted to come before you tonight. I have a couple of items on the municipal service center that I don't want to get some clarification on. Actually, it and Councilor. I wanted to come before you tonight. I have a couple of items on the municipal service center that I don't want to get some clarification on. Actually, it's two items. One is we discussed several months ago about and looking at a site and looking at placing the municipal service center at the site that was recently purchased by the city next to tractor supply on North Main Street. I wanted to check with council. We really didn't get a firm commitment on that. We've looked at other sites and obviously other sites that we looked at just don't fit the needs and look to be costly with additional infrastructure requirements. So I would like to check the night to see if council is in agreement with that site. Therefore I can move forward. We're ready to move forward with the needs assessment. We have a needs assessment done back in 2014, but obviously we've grown since then, so that assessment needs to be updated. So we'll be going out for a new needs assessment, and that'll be the first step and pushes forward in getting a new facility built. But like I said, my concern is, I want to make sure that that site is agreeable with council for the location of the facility, because that will be part of the needs assessment and study when we get that going. So I'd be happy to answer any questions in regards to that question. First of all, does everyone on council are they familiar with the land that Mr. Woodruff is talking about? Okay. Any questions for Mr. Woodruff? Just so you know, it's a 15.54 acre site. The other question that I would pose to you is in order to save, obviously save some money, but also make better use of the facilities that we currently have. I would recommend that we keep the existing street and fleet site in operation. However, we remove the streets buildings and leave the feet building standing and do some remodeling to it. Why I say that is is as you can imagine, a new salt dome and liquid tanks get very, very expensive. When we have to add those new amenities to a new project, and liquid tanks get very, very expensive when we have to add those new amenities to a new project. That site has served us well from a storage standpoint for our ice slicer and also our liquid mag chloride. What I would like to do and recommend to you is that like I said, we tear down the existing street building that is there. We take the fleet building and do some remodeling to that building. Use it as a storage building, which I can put a front end loader in that would remain at that site. Fence the entire perimeter of the site with a solid walled fence. And then use that site both for salt storage, liquid storage, but also other storage for our facilities such as pipe and valve storage. We have material bunkers that would be placed at that site to hold recycled asphalt, gravel sand, parks would use it to store mulch, and various pieces of equipment would stay there, not large equipment, smaller equipment. And that would allow us some flexibility on the other site then to basically limit that to obviously the operations building, but also some other buildings that would store our large equipment, but we wouldn't have any material storage at that particular location. Right now, based on what we've been looking at from a building standpoint, the east side of the railroad tracks and as you were familiar, there's a railroad spur that kind of goes right down the middle of that property, not quite the middle. On the east side of that railroad tracks right now I wouldn't see a necessary need to do anything on that side if the building plan comes out the way that we're looking at it. But we'd have that side available to us as we continue to grow on the east side of the tracks. Right now we'd look at putting an entrance off of Maine to that east side, and then of course we'd use the tractor supply entrance, which was dedicated as a roadway in for the main entrance into the facility. But like I said, looking at the dollars associated with it, I would hate to get rid of the existing tanks because we have to add some tanks in order to accommodate our growth. I'd hate to also get rid of the salt dome that we have there now. And a lot of that, like I said, is based on cost. It's going to be extremely expensive. There are a large cost to build a new salt dome as well as containment bunkers for the liquid tanks that we have there. And that site provides us with multiple uses in the future. And I think if we dress up the facade of the existing fleet building and we solid fence the perimeter of that site and dress that site up, I think it could be used for many years to come and save us money down the road. So I'd like to pose that issue before you also. Any other questions? Councilmember Blackhurst. I'd like to have a question. Let's go back to the side you're proposing for the new facility. When we first looked at that, there was some property that was closest to Highway 85, which could be used for commercial use, could be resold, or commercial use. And that would be the part that would be most readily visible from Highway 85. Is that still a possibility with your facility in there and the roadway that comes up along tractor supply? We would want to use the entire parcel all the way out to the 85 frontage. I think that it would be, and I'm not going to, I don't know obviously for sure, I think it would be difficult to get C.DOT to allow an access of a highway 85 under that property. And we had discussed that before. I knew that there was some, there was an issue about maybe using that as a commercial site. I'm not sure that CEDOT would permit an access off of 85 at that location to provide commercial access there. It wouldn't be our intent to seek approval from CEDOT for an entrance there. We'd use the existing entrance that's along the east side of track or supply. But it would be nice to have that entire parcel if I'm not mistaken. The railroad tracks west, I think that accommodates it's roughly about not quite 10 acres. Beside on the east side of tractor or the railroad tracks is about 5, 5 and a quarter acres. So we would like to use that entire parcel on the west side of the tracks. Well, then I would say my main concern is that we do at least as good a job as Metro Sewer is done in landscaping and making sure that from Highway 85 we are not the Isoar that our citizens have to endure with that property to the north and the other properties in that area that we do a decent job and making that look good from both sides. We're gonna stay there. And I think maybe your plan to keep the salt dome over where it's at now, that would be definitely an eye sore would be difficult. Make that look like a grove of trees or something, you know, some sort of a mask of it. So it's probably a good idea to leave it there. My other concern is the utilities maintenance shop. I hope we're not planning on keeping that. No. The way it's set up right now, it's going to be cleaned up that whole corner. And what we'll do is we'll address that as well as the current park shop also. Right now we anticipate that everyone will move to the new facility, including staff at City Hall in both utilities and public works. And that will become a true infrastructure facility at that location. And we will vacate the existing water shop and we'll vacate the existing park shop as well as vacating the existing street and fleet shop. I appreciate that and I hope we don't try to plan on putting something there. That's in the middle of a residential area. We are really an eye sore. It looks like it could be a better use for that maybe even in the private sector. Thank you very much, Mayor. Thank you. House member Pollock. Thank you, Mayor. Thank you, Mayor. So there'll be no employees at the existing location once you make that move. Exactly. Once we make the move, once we're ready to move into the new facility, all personnel will relocate to that facility. So why do we need to remodel the building then if no one's going to be there? Well, I don't know if you've seen the building recently, but it could use some exterior, it could use some exterior remodeling. And what I'm talking about is basically the exterior, making it look a little nicer than it does now. Because the other buildings are going to be gone. We'd like to keep that building. We'll probably go in and gut some of the inside of it so we can use it for storage. And then also the back of it will accommodate our front end loader that can be stored in there so we have a loader at the site all the time. But we want to redo the facade on that and we'll work with planning and community development to make sure that what we're doing is acceptable and that'll go for the new building also and we have all kinds of ideas for the new building but we're going to make sure they work and that's the same thing to address the landscaping. We've got some good ideas about what we want to do along the 85 front each and it will look nice. Okay, thank you. Thank you. Anybody else? Councillor Mayer Pro Temp? Thank you, Mr. Mayor. I mean, yeah, definitely what's been said already, but I just went back to my notes from the first time we discussed it. And one of our main concerns was the idea of branding. And that's one of the reasons we wanted to use that land. It was making sure, and it was spoke of by multiple council members, that branding our city and making sure right off of both 76 and the 85 corridor. So instead of, and this is a no disrespect to anything that's been said, but it's not just landscaping, but the city of Brighton, the emblems, the logos, all of that. It's a great opportunity. It's one of the reasons that I think we wanted to have it on that land right there. So just want to make sure that stays a piece of this as we before. Yeah, we will definitely look at that. That was one of the ideas that we've talked about is some type of a sign or logo or something that really welcomes people into the community and really sets that side off. Okay, great. Thanks. So, remember, Dornelli, I'm thinking that Main Street is going to be pretty much off limits for crew access, right? They aren't going to go down Main Street because it's right on Main. Right, they will utilize Main Street. They probably won't use the look, utilize Main Street as much as downtown Main Street, but they will be utilizing Main Street in Denver to do ingress on the property. Don't have to go through downtown. No, and we can make sure we can make sure that that's communicated. Even out of our shop that we have existing there, we try to communicate to the employees that they stay off of Main Street downtown as much as possible. But he else? Thank you, Mr. Woodruff. Now, I do have a follow up question. Can we combine the bids for this project along with? You know the redo of the Beside or the the takedown of the old buildings can that all be in one bid or can you there do you have to have separate bids for that? No, we can combine that just so you know We're gonna do this with a construction manager at risk type format We'll bring a design firm on board and at 30% we'll bring on a construction manager at risk and by 60% We'll have a guaranteed maximum price and we will include all work associated with this project both on-site and off-site in the scope of work. Okay. Great. Thank you very much. You bet. I have one more item. Okay. I wanted to let you know we are looking at moving the recycle center That is currently located here at City Hall As you know, we have quite a parking problem here at City Hall right now. We're looking at moving the recycle center down to the maintenance yard adjacent to the fleet operations building That would open up taking the fence out associated with the recycle center now would open that up all the way to Jessup and allow for more city or city vehicles to park in that area. Freeing up moving the pool cars out of the parking lot. It would be accessible 24 hours a day. We would move all the signage down there. Probably look at adding an additional paper bin and possibly even or a mixed bin and possibly even an additional cardboard bin. As you know, these bins get full pretty quick and we've had some requests to add additional bins get full pretty quick and we've had some requests to add additional rolloffs. So, well that has not been firmly decided yet. We wanted to bring it to your attention tonight to get feedback on that. When we get the new site, when we design the new site, my hope is that we will design the recycle center into the new site. So it will be available at the new site. Now that site that is located at the maintenance shop, we do have cameras down there so we can keep an eye on illegal dumping, things like that. Here we don't have that opportunity to do that. Although I will say that illegal dumping has tempered itself somewhat over the last six months or so. We don't get quite as much dumping as we had. People will become a little bit more responsible from that sense. But it does give us an opportunity to expand parking. It does get us down to an area. We would heavily publicize the move. It would be very well marked down there. And we would look at relocating a recycle center to that location. There's also a sign in front, the Youth Commission originally established that. We would take their sign and move it down to that site also so that it also provides that recognition at the fleet shop. And then like I said, once the new municipal service center is built, chances are that whole operation would move to the new facility. So any feedback or questions in regards to that? Any more questions? Council Member Humbert. This one, as you say, fills up quickly, unless it's tremendously expanded at the other one in the new site. Do you see any possibility of having other sites in other places in town? We are kind of sprawled out. Now we do have people that recycle all over the place. You know, obviously it's certainly something that we could look at. The biggest concern there obviously is the legal dumping. You start putting dumpsters to certain locations in town and not only does it collect recyclables, now you get bags of trash and lawn furniture and chairs and everything else that gets dumped by it. If you put it in a secure location, you can minimize that, such as a King's Super parking lot, the Walmart parking lot. But in most cases, those operations don't want those bins there for that simple reason that they have to police them. But we can certainly look at what options might be available for us. It's too bad that the haulers in town don't provide mass curbside recycling. That would certainly be a tremendous benefit to this community, is to provide every two week recycling, provide residents with containers to do that. Until we get to that point, there is still a need for drop off recycling. But we can certainly look at that. I'm just not sure what available locations we might have. We obviously have some city locations that we could certainly look at. But I'd want to talk to those responsible to those locations before we made those decisions. I think so. So you kind of foreshadowed another question to us talked about months ago. Now would be the possibility of one source or something like that crash pickup, which could include resegling. Sure. Yeah, there are options that are available out there. Obviously you can go with a single hauler provider for the entire community. For example, Commerce City does that with waste management. BlockBouly does that with waste management. BlockBooey does that with waste management. Thornton runs their own system. North Glen runs their own system. Or you can look at districting the city. And then you open that up to multiple providers so that you're not isolating a provider in town. And you can also mandate curbside recycling. You know, chances are I know it at BlockBooey, for example, and it granted a much smaller community than we are, but you know, they pay probably roughly in the neighborhood of $11.50 a month for trash and recycling service. I can tell you when we did our initial survey here about a year ago, some people were paying as much as $65.75 a quarter, which breaks out significantly more than $, 11, and 15 a month. But, you know, there are certainly options associated with that. We do have state law that we have to look at. We are required to provide notice at least six months in advance of our intent to privatize trash collection service in the community. But there's certainly a way to do that. And like I said, that would provide the city an opportunity to have curbside recycling for the residents that live in our community. And that would come before us if we were inclined. Yeah, absolutely. And I've done that in several cases. I'm very familiar with the trash business. So if council's desires to do that, I would be happy to work on that for you and bring you back some more detailed information. I also remember anybody else down here? No more questions for you. Do you have anything? Okay. May I put them? Thank you very much. A great point by Councillor Humbert. We should just be aware if we move forward with that, that a large portion of our city, especially in Ward 1, already has that through the HOA, or Metro District, we're both, but just to be aware, if we do do that, just how we're gonna work that in, because we have it, and it's a great service, and it should be across our city, and we should figure out a way, just to be aware of that. Good things. Good points. Thank you. Anything else? Just a direction on the recycling center? We good with that. I think we're good with that. You know, really quick, I'm glad you're going to look into adding the capacity. But I do like what Council member Humbert said, we should consider spreading that out into other parts of the community. I've been a proponent for doing that for a while. So, something to consider, but I do respect the thought that we need to consider the security, the illegal dumping issues. And so we should really visit the thought and consider the parts of town that may be far from the current and the proposed location and try to service that part of the community better too. Well, certainly look at that in the coming months and we'll come back to you with some additional information. I will tell you it's probably about a month turnaround before we get the Recycle Center fully moved. But I'll brief the city manager as we continue with that process and we'll work with the PIO to make sure that necessary information gets out to the community. For sure. Thank you. Thank you for your time sure. Thank you. Thank you for your time tonight. Thank you. Hey, next on the agenda, the Serse of Presentation. I think we have Tammy Tanoy. We have three new council people. So this will be the first time they put it. Some senior people maybe have heard you before. But Tammy, she's currently the executive director of Cerse. Prior to that, she was the general counsel. And I think I remember you didn't you present before the Supreme Court? The Supreme Senate case or not? Cerse has been before the Senate for three times. I did not have the personal honor of presenting before the Court this out. But she has extensive background with municipalities and wanted to come here and meet you and talk to you and I have something about for you. Tammy. Thank you so much and good evening Mayor and members of the council. May I ask who is new to the council? Well, congratulations or no, I mean, congratulations. And so you are the only three who probably have not heard me before. And so for the rest of you who are kind enough to hear me again, I certainly appreciate it very much. Does everybody have a copy, one or more of the ethics liability and best practices handbook. If not, I'm happy to leave some copies with you. I'm sure all the new council members would benefit that. Great. So I don't want to take up too much of your time because I know you've got a busy agenda, but there were two areas that I wanted to talk about tonight. One is governance versus administration, respecting the allocations of responsibility in your organizational structure. And then the other was the issue of personal conduct towards one another staff and the community. And as I make my remarks, I'd like for you to keep in mind two disclaimers. One is that of course your city attorney is present. And so in the event that I say anything that is in any way inconsistent with the advice that your city attorney gives you, then I am always wrong and your city attorney is always right. So that's one disclaimer. And then the other is that those of you who have heard me before will back me up on this, that this is sort of a standard presentation. And so any resemblance is strictly coincidental. I don't want to talk a little bit about governance versus administration. And in this regard, there are a number of governance experts out there. And probably the most famous one is John Carver. Has anybody heard of John Carver? He does sort of have a footing in local government, particularly among school districts, but relatively few municipalities have actually gone full Carver as I call it. But it's kind of a good paradigm for making sure, number one, that everybody kind of operates within their respective lanes. But number two, making sure that your respective missions are yilt together in the service of the organization as a whole. And then the other person that I want to mention is Ken Schutz, who has a similar thing to policy governance called aligned influence. And the only reason why I mentioned Ken is, well, two reasons. One, he's a local guy. He's out of Longmont. And secondly, Cerca has had an effect for a number of years, a deal, if you will, where we will actually pick up half of the cost of any of our Sursa members' exploration of aligned influence. And so I just want to always put that out there as well. And then I forgot to do this at the very beginning, but sometimes I will talk for, you know, 20, 30 minutes, and then the only question that I will get is, and what is Cerca again? So I do want to just mention what Cerca's mission is. And we thank you very much, the City of Brighton, for being a valued Cerca member for many, many years. And the City of Brighton, along with about 275 other local governments in Colorado actually gets your property and liability and other coverages as well as associated risk management services by being a member of SERSA. And so we are literally your partners in risk management issues. So if there's a claim and it's within the scope of coverage that we provide then you hand it over to us and then we partner with you to make sure that it's resolved appropriately. And then even in matters that are not yet claims or lawsuits, we certainly want to partner with you early if that is the city's desire to see that the matter is resolved in a satisfactory fashion before it turns into a claim or litigation. So that's basically Circe's role and our relationship to the city of Brighton. So if you look at policy governance, you know there's a lot of words around it, but there are really a couple of critical principles around policy governance. And one is the idea of ends versus means. And so the idea is that in terms of division of responsibilities, the governing body determines the ends, the big picture goals and priorities for the organization. And then delegates to the CEO and the staff, the means to carry out those ends that you have established. So that's one key cover principle. And then one of the other key principles is the concept of executive limitation. So as you delegate responsibilities to your manager and staff, you don't want them to sort of run without any limitations whatsoever. And so Carver's idea is that the other important work of a governing body is to establish executive limitations, which I think of as sort of a corral that you establish around the city manager and the staff, a corral that comprises the legal and ethical and prudent limits beyond which your manager should not cross. But as long as the manager is operating within that corral, then you don't have to keep your eyes on what's happening at all times because you can rest assured that you've put appropriate limitations in place and there will be accountability for making sure that those limitations are observed. So governance versus management or administration. One of my observations about elected officials is this, that in the rest of your lives, you must be good managers. And I think I'm accurate in that observation, and here's why, when I compare what you do to what I do, in my life, and I have three dogs, by the way. But I have enough time in my life to take care of my job and my family and my home, and maybe a little bit of volunteer work, and that's it. I have not had the wherewithal to say, and in my spare time, I will govern my municipality. And so clearly, you're excellent managers of the rest of your lives. But management and governance are not the same thing. And so if you think that you will be exercising the same muscle group that you exercise as a great manager when you sit as a governing body member, well, it really is a different skill set. Governance is really policy setting. It's the biggest, big picture. It's forward looking. For the most part you're not reacting to situations as they arise. And for the most part you're not making case-by-case decisions. Now obviously there are some exceptions to that. You do make case-by-case decisions when you're acting in a quasi-judicial capacity for instance. But for the most part, you are responsible for the brand expands of the big picture as Carver calls it. picture as Carver calls it. So this is my own little schematic and it could be called maybe an org chart but this is kind of my sort of division of responsibilities in municipal organization and so we start with the ownership which of course would be the the citizens that everybody is accountable to and then governance would be you, the governing body. And then you've got your manager and other managers below the level of the city manager. You've got supervisors and then finally frontline employees kind of obvious. I use this little chart to illustrate three points. Number one is time horizons. If you look at the time horizons of frontline employees, pretty short time horizons, right? What do I need to accomplish today right now? If you look at supervisors, their time horizons are a little bit further out. Your manager has his eyes much further out. He's looking at this year. He's probably got an eye on the five-year plan 10, 15 years out. But your time horizons as the governing bodies should be the furthest out of anybody's in the organization. And so that is one possible hint as to whether you at any point in time are operating at the right level in the organization. So if the concerns that are taking up your time and energy are what's happening today right now, then it's possible that you are operating at the wrong level in your organization. So you might keep that in mind as, you know, concerns are thrown at you if it's immediate and today or even worse if it's yesterday, then that might be somebody else's work. The second thing that I use this chart to illustrate and tell me if you agree or disagree with this, I maintain that no player in the organization from the governing body on down should jump up or down more than one level in dealing with others in the organization. So if you're a frontline employee, you should not be jumping up more than one level. You should be dealing with your own supervisor. If you look at it from the other end of the chart as the governing body, you should be dealing primarily with your manager and other directional points. kind of becoming problematic in a couple of ways. Sometimes frontline employees will try to jump up more than level one level. They may try to pull you into their business. And if so, then this principle of not jumping up more than one level is being violated. Likewise, I've certainly seen instances where elected officials have attempted to reach down more than one level within their organization and become interested in matters at the level of supervisors or frontline employees. And if that happens, then again, I would maintain that you jump down more than one level and that is inappropriate. Is there any pushback or disagreement around that idea? Does that work? Yeah. You know, not necessarily. I feel as though the communication issue is a separate one. To me, it's more about active involvement and or interference. In terms of communication, I would maintain that communication protocols, you know, what everybody is comfortable with is something that you, the governing body and you, the manager, should work out together and whatever you're both comfortable with is what is appropriate in the organization. Does that make sense? Okay, I certainly don't mean to say that there's, you know, this communication wall that should be put up because that in itself, I think, can be strange and unnatural and you begin to wonder on both sides of the wall. What's going on? And so communication, I think, is certainly a different issue. So I hope I clarified that. And then the third issue that I illustrate with this little chart is the idea of redundancy. And so if you look at frontline employees and the employee group, there's a little bit of leeway there. Maybe redundancy is the wrong word, but there's room. There's latitude at the level of frontline employees for vacancies to exist or people to be away and people manage to be able to cover for one another, right? That's one of the great things about having, you know, a good, well-staffed organization. That's also true with supervisors. You can have a supervisor position be vacant. You could even have a department head position be vacant, but there's enough redundancy or overlap within the organization that, again, people can cover for each other. But if your attention is ever diverted away from governance, who then becomes the person or group that covers for the governing body, right? There is no redundancy at your level of the organization. And so that's another reason why it's so important to keep your focus on governance because if you're diverted away from a governance then you know there's nobody else who can step in and say well they're diverted we'll just do the job for them for a little while. Speaking with one voice so obviously there are, soon to be nine voices on the City Council. And certainly each of those voices should weigh in on issues when they're being discussed. But I would say there comes a time when it is necessary to speak with one voice, if at all possible. Is that a discipline that you feel is though the Brighton City Council can adhere to? So once you make a decision, then that decision is really what should be respected by everybody, the majority and the minority. Again, am I saying anything controversial or crazy here, or does that sound pretty reasonable? I hope so, you know, because there can be dissent or disagreement. But this is a system where the majority vote carries the day, right? And so that idea of a majority vote really does have to be honored. And you may say, well, you know, I'm constantly on the minority. And so why should I honor the will of the majority? Well, someday you're going to be in the majority and then you would want the minority to honor the will of the majority. And so it always comes back to, you know, haunt you one way or the other. And so for everybody to say, okay, we will deliberate, we will sometimes disagree, but we will always honor the decision, the will of the majority. I think works out in the end for everybody. So, hope I'm not saying anything too crazy. The other thing is, you know, your manager manager and I've kind of begun to appreciate this myself. You know, I was previously in your city attorney's position and so I could kind of sit back as my governing body made decisions. But, you know, now that I'm in the manager's seat, I see how important it is to understand the direction of the body as a whole. And sometimes that is hard to ascertain. So you might take a vote one night and your manager will say, okay, my marching orders are clear. And then he might start hearing variations or shades of difference or he might hear a dissenting voice. And then suddenly that direction is not so clear. And that can become very much of a problem organizationally. I do think, again, apropos of your question about communication. You know, it's one thing to have communications, but it is another to give orders or to be perceived as giving orders. And so it is, I think, important to make sure that if you're saying anything that could be interpreted that way, that that voice be aimed at your CEO, your manager. So is this a liability issue? We build this as being a liability presentation, and I think it very much is because your charter sets out job descriptions for you as elected officials. It sets out job descriptions for the manager and others in the organization. And those job descriptions are key to maintaining your liability protection. And so once you fall outside of the parameters of your responsibilities as they're set out in the charter, then you do expose yourself potentially to greater liability because your best protections happen when you're operating within the lanes that are established for the respective players in the organization by the charter and other laws. Also your liability coverage is due hinge upon you being within the scope of your authorized responsibility. And so if there were ever an allegation that you were acting outside the scope of your authorized responsibilities, then a question could be cast as to whether you are entitled to coverage through search that or not. It doesn't happen very often, but from time to time, we have had a few, you know, just crazy outlier claims where the allegation was made that an elected official was acting outside the parameters of his or her authority and we had to say sorry you're on your own. Certainly something we do not want to say if at all possible. Personal conduct is the other issue that I want to quickly touch upon. And would you agree with me that the way you as elected officials conduct yourselves in relationship to one another on the manager and staff and the community can greatly impact your effectiveness as elected officials? I don't think there's any dispute there that you know if all you were doing was, you know, internal fighting amongst one another, then it would be difficult to be effective or to get your priorities met. The other thing that I would observe is that maybe I'm crazy, but maybe there's a little bit of instability and divisiveness happening at other levels of government right now. I don't know just the thought and how's that working for them right. I really truly believe that municipal government elected officials in municipal government you are now the grownups in the room. So thank you very much for being the grownups in the room. And I really think it makes a huge difference both in terms of effectiveness and community perception and all of the concerns we have when our elected leaders cannot get along together and move forward as a group. So again, thank you very much for being the grown-up in the room. So is there a place for partisanship in municipal government. I would say there is not. Number one, you know, from a formal standpoint, municipal government, I think, is one of the few levels of local government that is proudly and avowedly nonpartisan. So in the political sense, certainly, you know, nonpartisanship rules in municipal government. But I also feel as though there are maybe other kinds of partisanship that can begin to affect a governing body. And so maybe it's not quite the right term, but I would say if there are divisions in a governing body on the basis of things like, you know, the in-crowd versus the out-crowd or the old timers versus the newbies or the new part of town versus the established part of town, younger versus older is a thing that I have been on to see in some governing bodies, elected versus staff. These are types of partisanship, I think, that can infect a governing body and become problematic. So, you know, there are many different kinds of partisanship, I think, to watch out for. With respect to one another. So I don't know if any of you have memorized this cover to cover, but it's got some new and some returning articles. And one of the returning chapters is a chapter on the outlier syndrome. And so my hope is that this is a syndrome that you will never have to experience on your governing body. I've certainly witnessed it in action from time to time on governing bodies. And this is not simply a situation where one or two or more members are constantly on the non-winning side of a vote, but it is maybe one or two individuals who kind of proudly refuse to be a member of the team, that is the City Council, who kind of make it their job description to say, I'm the only ethical one and you're not, right? I'm the only one who is making decisions in the interests of the citizens and you're not. I'm the only smart one and you're not. And so they sort of make it their job description, their mission to kind of separate themselves out from the rest of the governing body with almost an intent to try to point fingers at or to try to humiliate the rest of the governing body. If you've ever seen this in action, then you will know this is not simply a matter of disagreement on a body. Because disagreement is okay, it's gonna happen. And in fact, I would say discussion, disagreement, dissension, these are really the engines of good decision making. So I'm not suggesting that, you know, disagreeing is ever a problem. But I am saying that if somebody ever kind of stakes out that position to be the outlier, then it can become a real problem for the rest of the governing body as well as the outlier. This happened some years ago in my own city, which shall go unnamed. And I was kind of shocked that this elected official had made being an outlier his mission, but in the meantime, there was not a single issue that he raised to the rest of the governing body where his views carried the day. And so, in fact, it was a very ineffective place to be. And meanwhile, the rest of the council was kind of circling around him, you know, first trying to integrate him into the fold, and then circling around him kind of trying to cast him out when, you know, the first efforts didn't work. So it is a real problem. You know, not as problematic as that, but certainly a problem is this idea of I versus we. There is nothing in your charter. I would wager where anyone elected official saved the mayor, except for the mayor who does have some individual duties. There is nothing in the charter that says A, Council member may or A, Council member must, when it comes to the exercise of any hours on behalf of the city. It really is a collective endeavor. And so, it's complicated to balance the idea of I versus we. Really the only time that you have power is when you're gathered together as we the council and you discuss and you vote upon the matters that come before you. Other than that, there aren't any individual powers. And so this can become problematic with issues like constituent service. Is that a thing in Brighton, where an individual citizen might come to you and say, hey, council member, I voted for you by the way. Thank you very much for your service. And now I've got a problem with the city that I need your help on. Does that ever happen? I can imagine that it does. And when that happens, does that put you in sometimes an awkward position? Because invariably, is the issue an administrative issue? Right? 99.9% of the time when a citizen needs constituent service, it's about an administrative issue, right? They're not here saying, uh, Council member, I'd like to talk to you about, um, the, the land use, uh, chapter of, of your municipal code, right? That doesn't really happen. And so things at your level, you know, don't necessarily come to you that way, but things at the level of the staff often do come to you that way. And so I do think you have to be prepared to make sure that you're not acting as I in a way that takes you outside your lane and kind of puts you into the staff's lane and potentially gets you crosswise with what the staff should be doing. So that is definitely a thing. The open meetings law and executive sessions. I don't think I need to say a whole lot about these issues. I'm sure your city attorney has talked to you many, many times about the requirements of the open meetings law and the requirements that pertain to executive sessions. But really the one thing that I do want to mention is the importance of confidentiality for matters that are discussed in executive session. Executive sessions are permitted only when confidentiality, the need for confidentiality, outweighs the case and you all voted to go into executive session, then it is critical to maintain that confidentiality once you get out of the executive session. With respect to one another, does the concept of equality of information resonate with the members of the council? That is that all of you in so far as possible should receive equal information that no one of you should be kept out of the information loop and no one of you should say to the rest of your colleagues, I am in possession of more information than the rest of you and therefore I should have a greater say in the decisions that you make. And so this is up to the quality of information kind of cuts in various different directions. One is of of course, that if staff gives information to one member of the council, then all members of the council should be getting that information so that no one of you is saying, or would you hear that? I didn't hear that. Was I, you know, what happened here? But the other side of that is the idea that no one of you should go out and, you know, do your own research or to be a subject matter expert in the hope of saying that, you know, your views should carry more weight than those of another. You all really are the ultimate generalists in that regard. And so you should be seeking information from the staff and your consultants and you should be asking whatever questions you need so that as a body you feel you have the information you need. But when individuals start becoming information gathers on your own that can certainly become very problematic. The mayor's role. So I do want to spend just a minute on the role of the mayor because it's kind of complicated. And congratulations, by the way, on your mayorship. But it is a complicated position, I think, because they are sort of the formal responsibilities. And then there are the informal expectations. And so you have to make sure that those are married up properly and that those formal roles and informal expectations are really kind of held in common by all of you and not just one of you. So the charter says basically that the mayor is a member of the council and has the responsibility of presiding over meetings of the council and then has the same powers, rights and responsibilities as other members of the council. And then there are some, you know, head of the government for ceremonial purposes, kinds of responsibilities. But you know, those are the formal responsibilities. Are there informal roles and expectations that go far beyond what the charter articulates as the formal responsibility? Most certainly, right? I feel as though if you all are sort of the parental authority figures of the municipal government, then the mayor is kind of like the face of the municipal government in many ways. And so you're certainly looked upon that way. Is the mayor often called upon to become the consensus builder? Most certainly, you preside over meetings and so the process of discussion and then trying to gather a bunch of cats right into one place and achieving consensus, that does often fall to the mayor, right? And I think properly, so certainly there is an informal role for the mayor, but I think that it is really important to make sure that all of you are on the same page in terms of what that informal role should be. Because if you're not on the same page, then you may have a mayor who's kind of out ahead of the rest of you, or you may have expectations for the mayor that you feel as though the mayor just hasn't stepped up to. And so I think it's important to discuss, you know, what you think are the informal responsibilities of a mayor above and beyond those that are in the charter. In a sort of worst case scenario, I have seen this happen, and this happened in a city that happened to be a statutory mayor council city. Its next door neighbor was one of the very few statutory council manager cities in Colorado. And so my mayor in the mayor council city looked over at the city next door and adopted all of their rules of procedure, rules of conduct, which gave him a council mayor form of government. And so, you know, it wasn't long before the rest of the council kind of rose up in protest and said, henceforth, the only job you shall exercise is you shall pick up the gavill at the beginning of the meeting and you shall put it down at the end of the meeting and beyond that you have nothing that you can do because they kind of got sick of the fact that he had very informally begun exercising a whole bunch of responsibilities than that sort of unique geographical situation, but it can happen. The other thing that's worth mentioning about your charter is the no interference clause. And this kind of, again, harkens back to the earlier question about communication versus the appearance of, you know, giving orders or directions. And so it is important for purposes of compliance with your charter to make sure that you comply with this idea that when you're dealing with the administrative side of the organization, that really the only person who should be receiving orders from the council is your city manager and any other direct report. this is the case in Brighton. I witness a very sort of nice, very warm sort of introduction of a new staff member. And I thought, well, all is good here in Brighton in terms of elected official staff relationships. But certainly I've seen instances where an elected official perhaps a newly elected official will come in and view the staff as the enemy. I have been a city attorney and so I have been in the position where a slate of newly elected officials came in and looked at me, looked at the manager, looked at other staff members and said, we're going to have to clean house now because you all are the enemy. And that helped me to the core because I served the previous council loyally and effectively. And so, didn't I prove that I can serve you the next council loyally and effectively, too? We're nonpartisan here. And so this idea of cleaning house after the election really should not apply in municipal government. With respect to the community, I will ask how are public comment periods going? Pretty smoothly? No? Good. I've certainly seen instances where public comment period degenerated into public inquisition period or public cross examination period or public argument period. And I feel as though each of you has such an important role to play in making sure that public comment period serves is its intended purpose of giving the community an opportunity to express themselves to you and allow public comment to turn into public and position or public argument. Personal conduct, is this a liability issue? I think very much that it is. My observation over many many years of looking at municipal government claims is this, that how a governing body interacts with one another is a good predictor of sort of whether the entire organization is functional or dysfunctional. And so if things are going well at the very top levels of the municipal government, then I feel like things are going to be good throughout the organization. On the other hand, if things are dysfunctional at the very top, then I would expect to see that that dysfunction will be reflected throughout the organization. And so very much, I feel, as though, you know, how you all work with and interact with one another is going to turn into a reflection of how the rest of the organization interacts with one another. So, again, you're the ultimate parental authority figures of the organization in so many ways, including that particular example. So with that, I will stop and see if there are any questions or any pushback. If I said anything crazy, I would certainly like the opportunity to correct myself. So questions and comments for Tammy. I think it's going to be a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a little bit more of a Yeah, so let's go back to the charter and I'm sorry I probably did not spend enough time but you know if you look at the charter the charter basically says the mayor is a member of the council right has the same powers and responsibilities as the rest of the council but it also says the mayor is the head of the city government for ceremonial purposes right authenticates legal documents and so right? Authenticates legal documents, and so the signature of the mayor on legal documents, and then the mayor of course presides over meetings of the governing body. So those are the formal responsibilities of the mayor. I guess I just didn't get that clear. But yeah, thank you. Yeah. Okay, very good, thank you. Anybody else? Well, thank you. Yeah. Okay. Very good, thank you. Anybody else? Well, thank you, Tammy. I just want to make just some follow up comments here. I think it's important that, as you said, we're provided with all the information as a body here as a council and not just a couple of us or you of us or whatever. I think that's very important that we do that, especially as we promote a better transparency this new year. Also, as council member Jornelli talked about, he was asking about, you know, speaking with maybe the, you know, the supervisors. I know here in this council, Mr. Falcimberg has said that, you know, we're welcome to talk to our, you know, the certain supervisors, but we should pay his, pay the respect to the city manager and give him the respect that he deserves to know what we're talking about. That's very important as we're discussing certain items, but we don't set the policy with the with the supervisors or the directors. We go through the city manager first and that's important to note that. And then I was wondering, is it possible to send an electronic copy of this presentation to our city manager and you can distribute that to us? It's great to have paper, but I'm trying to be as paperless as possible and put things on here. Because there's only so much paper I can have and I appreciate this for note taking, but is that possible? Oh, absolutely, yes. Yes, I'll be happy to make sure that you have an electronic version of these PowerPoint. Yes. Thank you. Well, thank you for your taking your time to come over here. And we appreciate your efforts to come to not only Brighton, but all the communities throughout the state. Well, thank you. Thank you, my pleasure. So next, next on the agenda is department overview and community development. Mr. Falconberg, what do we have today? Is it Holly? Yes, Mayor, I'd invite up our community development director Holly Prather. Yes, Mayor, I'd invite up our community development director, Holly Prather. And I think you'll find, especially to the three new members, that hopefully you'll appreciate this, not just as kind of a high level philosophical overview. It's actually very, very practical. We prepped today for your council meeting next Tuesday, and the things Holly will be sharing with you are going to be coming at you live during that meeting pretty hot and heavy and so we want to make sure you're prepared which is why we queued her up first. Public hearings are a little bit different than a lot of the things you'll see. Very specific roles and responsibilities. So she'll kind of describe to you the overview and we can do question and answer at the end but you will have on your agenda next Tuesday. Several of the things she'll be kind of talking about tonight. Good evening you're Honorable Mayor, ladies and gentlemen the council congrats to our newest council members. Um, Marvgave a great intro. We have some agenda items at the next council meeting and we want to make sure that everybody has a little bit of a prep session so that they are ready to listen to this testimony and make their determination regarding those applications. So I'm kind of want to give a department overview a little bit of what we do and why we do it. And then I'll also get into those land use development applications that are becoming before you. So what we do, we play then I'll also get into those land use development applications that are becoming before you. So what we do, we play a key role in shaping the future of development while preserving our heritage and historic buildings. We administer regulations in accordance with the city's comprehensive plan and review construction through zoning, building permits, subdivision regulations, and community design guidelines. The department serves Brighton residents directly at the one stop counter, the permit counter, and indirectly by guiding the city's urban form from concept to construction. So community development is primarily made up of the building division, the permit counter, the one stop center, historic preservation and planning. So, what does the building division do? They're responsible for enforcing the building codes, performing plan review and building inspections for all construction in the city. The permit counter is responsible for processing construction permits for residential, commercial, industrial, public infrastructure, and releasing right-of-way permits. And they also handle all licensing in the city, at least they did in 2019. As you know, some of you were on council when we recently approved an amendment to the municipal code, where in sales tax and business licenses will be consolidated into one. And finance will be taking that over. They will have a person stationed downstairs near the one stop. So we used to handle all of the licensing. But in 2020, a majority of that licensing, I'm not a majority, but a portion of that licensing will now be handled by finance department. And then the permit counter will handle all of the contract related licensing. So the permit counter, we have four permit technicians down there at the counter. In 2019, we processed 3,915 total permits. 1,322 of those permits were commercial and residential roof permits. The hail storm that hit Brighton and kind of the region in June of 2018 caused a phenomenal, obviously, insertions of permits, roof permits primarily. So a lot of those permits, about 33% of the permits we processed in 2019 were still roof permits. So we're still trying to get all caught up from that. We processed a total of 488 licenses of those licenses 400 are construction related. So we have different contractors license, we have electrical contractors licenses. So about 400 of those licenses that were processed were those, so that will stay with the permit counter in 2020. Planning division. So we have kind of two breakout areas in the planning division. What we have first is what we call current planning. Current planning is responsible for processing of all land use applications. They also are the facilitators who through taking those projects through the development review process and of course they're in charge of code compliance. And that is just for the land use and development code. The land use and development code, the old version looks like this. Very big thick document. The new code, which I'll generally talk about here in a little bit is this is not the official version from Unicode, they're still getting that codified for us and we'll get us binders, but it's much thinner. We've actually done a good job of trying to purge unnecessary regulations or things that don't make sense and then kind of consolidate the code a little bit. So it's much more user friendly and much less paper. So the planning division is made up of two senior planners and two assistant planners and a planning technician and then the manager who oversees the division. In 2019 we processed 84 different land use projects. So between those five employees, we processed each employee had about 17 different applications last year. Keep in mind land use applications can take anywhere from four months to two to half, three years. When I say two and a half to three years, I don't want to frighten you, but a lot of times we have applicants who will submit their plans, we have a two-week turnaround, and then they don't submit for months at a time or even years at a time. So that's kind of, it doesn't happen all the time, but it does happen. A good example of that is the Riverfront Project. That's been in process for about four and a half years now. Oh, one thing I do want to mention on this is, thank you to the City Council in last year's budget approval for this fiscal year. You did give us a new position of a zoning code enforcement officer. So we will now have that function here in 2020. Obviously, it's a brand new year. We're getting the job description together. We're getting the work program together. We're trying to get their office space together and then we will be posting that position. But we'll be able to have someone dedicated to going out and enforcing elements of the land use and development code. So thank you very much for that. We appreciate it. Okay, so this is the other facet of the planning division. The second prong, the long range planning function. They're responsible for those municipal code amendments. Asia tips is our long range planner. She did all, not all, we had a consultant, but did the primary work on the land use and development code, the new code coming before you? And she also will be bringing a proposal for a potential municipal code through the next study session meeting. I think on the 28th regarding goats. A citizen came to a council meeting in the fall and wanted to be allowed to have goats in her neighborhood. And so that was a topic that was kind of tabled until we had the new council seated. So we'll be bringing that topic to you, but she would handle those minor amendments to the code as well. She also handles our population projections. She looks at all the building permits that have come in, determines how many people on average per unit type and then projects out in five years, 10 years, 25 years, what our potential population could look like. Later this year, she will be bringing that information to you. She also handles the comprehensive plan. She does our annual review and she does any amendments to that. So the comprehensive plan is this document here. The City Council approved it back in April of 2016. It's all of these documents are online, so I would encourage you, you'd like a little bedtime reading to get out there and read them. We also handle sub-area plans or kind of minor smaller plans of smaller regions within the city. One of those is the district plan and I know for a fact that one of our newest council members was spending time this weekend reading this document because he told me he was doing that, which is great. I think it's phenomenal that you guys are trying to get up to speed. This district plan was a collaborative effort between Adams County and the city of Brighton, kind of the first of its kind. And we're very excited about it. We also were able to work with the county to fund a position that position started at the county and then we transferred it over here. Analy Barabee works on everything Ag. And so, and I should point out, I'm giving a very high level overview tonight. But what I'd like to do as the months wear on is bring in some of my select staff members to talk about certain elements. I'd like to bring in Anali and Havard talk about the district plant or historic splendid valley. I'd like to bring in Kim Bauer to talk about historic preservation in their efforts. Like to bring in Jason Bradford, the planning manager to kind of talk more about the development review process. I'd like to bring in Chief Building Official Matt Rollin to talk to you about permits and inspections and their importance. So we'll kind of be lumping those into some of these study session meetings, so you'll get a more in-depth overview of those specific divisions. Okay. Moving on. Oh and Asia also does coordination for the Census 2020, which is a lot more right now. Okay historic preservation. What do we do in historic preservation? We designate historic buildings and districts. The portion of the downtown is a historic district. We make determinations on alterations or demolitions of historic properties. We assist property owners of historic properties on physical or financial aspects of historic preservation, and we develop and assist in public education programs. We also operate a small museum at historic city hall, which includes a research library and is a repository for historic documents and artifacts. The museum has regular rotating exhibits and is open to the public. I have just a little plug here. Our current exhibit is Brighton 1859 to 1977 in American story. Our hours currently to the public are Tuesday through Friday, 10 to 5. So please drop in and say hi to the staff down there and learn something about our history. Okay, so that's high level overview of the department. Now I'm going to try to get not too into the weeds, but a little bit into the weeds in regards to some of the applications you'll be seeing at the next City Council meeting. Now it would not be appropriate for me to talk about those actual applications, so I'm not going to do that, but I'm just going to give you a brief overview of each application type, what kind of the process is and then what those review criteria are for you. So everything is outlined. Well, almost everything is outlined in the Land Use and Development Code. This monster document here. And the Land Use and Development Code was enacted pursuant to the purposes and authority granted by the Colorado Revised Statutes, which is this document here. This is only one volume of, I can't, 20 jackets. How many? Okay. So this is just one volume, but this here gives us the authority as a home rule to establish our own zoning and subdivision regulations to form planning commissions, et cetera. So that gives us the authority to plan and zone along with the home rule authority granted by Article 20 of the Colorado Constitution. The New Land Use and Development Code, this guy here, was adopted by the City Council on December 3rd, 2019, and it became effective on January 1st. And this year, this presentation that I'm about to give is going to discuss the provisions of what I will call the old code, this big blue binder. The reason for that is most of the applications that you're going to be seen over the next couple of months. Obviously, we're in process several months ago, possibly even a year or two ago. So those applications fall under the old code. They will be, they've been processed through the old code. We're not going to pull the rug out from an applicant and say, oh, you were in process. We're going to make you now follow a new code that's just not fair. So I'm going to go over the old code processes in the future as we start getting applications that will come before you that are under the new code. We'll do kind of a primer on that as well. OK, generally this outlines the land use and development process. So applications that are under the city council's purview, generally, again this is very general, are in orange and that's annexation, which is the first step and I'll get into more detail, but essentially annexation is bringing a county property into the municipal city limits and providing them services. Zoning is the next step in the process. Zoning basically says this property is going to be allowed to have these land uses, or it may not have these land uses. Here's what the dimensional standards, the setbacks, the minimum lot size will be for the properties. So that's your zoning. The next step in the process is subdivision, subdividing or plating the property, breaking out the property into future rights of way for streets, public land, dedications for parks, schools, and then of course creating actual residential lots or commercial lots. So that's kind of in and not show what that process looks like. Each of these steps in the process are separate and distinct. They have separate and distinct review and approval criteria. So it's difficult for sometimes for like the Planning Commission or even the City Council, when you have constituents who say, I want them to address this at this stage. Well, legally sometimes they're not allowed to really put that burden on the property owner or the developer. And that's why staff and the City Attorney are here to make sure that they're reviewing those documents within that purview, within that review criteria. Because you certainly don't want to be legally challenged and have to end up in court over making a decision that was not legally proper or legally based. So with that, after all those steps when city councils gone through the annexation and the zoning and the subdivision of the property, then it's pretty amidst administrative staff review and approval. At that point, you've said this property should be of the property. Then it's pretty much administrative staff review and approval. At that point, you've said this property should be in the city. This is what we think it should be zoned based on the comprehensive plan and the code, of course. And then here's how we will lay out the land. And then after that, again, kind of going back to the previous presentation, you guys don't want to get too into the weeds over what the building looks like, or what the landscaping looks like. You just want to make sure that it has good landscaping. It has the branding incorporated in it, and that's the policy that you set, and then at that point, the staff ensures that through the code and during that development review process, the site planning that that gets done. Okay. So the first step in the process is annexation. This is the process by which municipalities incorporate territory into their boundaries. It actually is not addressed in the old land use and development code. We defer to the state statutes. The new code does talk about annexation. The process is the same. It just outlines a little bit more detail in the new code does talk about annexation. The process is the same. It just outlines a little bit more detail in the new code of kind of your policy issues on when is it appropriate to annex and what types of annexation are we looking for. It's also annexation is extension of municipal government and services and facilities to those eligible areas to form a part of the whole community. Okay, so what does the state statute say about annexation? It sets forth that at least one six of the perimeter of the property should be contiguous with city limits. Okay, so you can't just go two miles out from Brighton and annex property and it has to be physically adjacent to existing city limits and per state statutes by one six. There has to be an interest between the property owner and the city in regards to bringing that property into the city. Now there are some, there's always a caveat, right? So the caveat to that is what we call an enclave annexation. And an enclave annexation basically means that if a property has been completely surrounded by city limits for a period, there's certain statutory requirements for a period of three years, you as a city could go in and forcibly annex that property. That can be done. So, but generally in terms of annexation, there should be an interest between the two parties to bring this property into the city. But there are some exceptions to that rule. And I think it might be important as a council at some point to determine what your policy is in terms of annexations. Do you want to pursue forcible annexation of properties that are on claves? The reason you don't really like to have on claves out there is it's very difficult for emergency services, things like ambulance providers, police departments to know whether this property is in the city or not. Also if you ever want to build a street in front of the property, it's a lot easier to do so when it's in the city. There's no issues with, you know, is this a resident, can they use the recs? I mean, even little things like that that come up that are problematic with enclaves. So we'll get into that another time, but that should probably be a policy discussion of, do we want to force these enclaves and get them in the city or not. So another time. The territory proposed to be annexed is urban or will be urbanized in the near future, and the territory proposed to be annexed is integrated or is capable of being integrated with the annexing municipality. Again, it's not wise to go three, four miles out and bring in a bunch of properties. If you really don't think you're going to at some point integrate them into your community and develop them and provide water and sewer services, right? Provide police services to them. There's statutes regarding flagpole annexations, but we might have to just do a whole thing on annexation one night. Okay, and I'm trying to be contentious of the time because I know we have other presentations, and I know you guys have big picture items to discuss as well. So, I'll try to speed it up. So, there are basically four steps for Councilor Review and Approval. The first is you would consider a resolution accepting the petition for annexation. The property owner would petition to become part of the city. And then at that point, you would establish a future public hearing. And during that timeframe, the staff provides notice to a local paper for a minimum of a four consecutive week period. Regarding that upcoming public hearing, if the property is over 10 acres, we have to create an annexation impact report, send that out to all of the special districts. 27J, we have to send it to the county commissioners, the county attorney, lots of different people. And then the next step is kind of the night of the public hearing. We also do a resolution called the findings of fact resolution regarding whether or not the annexation is eligible. Does it meet those previous requirements? The one-sixth contiguity? Is there an interest between the two parties and so on? So then you have the public hearing, where, of course, with public hearings, people for the project or against it can come and say their piece about it. And then you have the first reading of the annexation ordinance. If you wish to pursue bringing it into the city limits. And then the last step is the second or also known as the final reading of the annexation ordinance. And at that time, the staff would bring an annexation agreement to the city council for your review. The annexation agreement is a contractual agreement between the city and the property owner in regards to the city will provide you with water, sewer, storm drainage services, police services, and then you as the property owner are responsible to improve roadways adjacent to your property. Install water and sewer lines, install the storm drainage facilities, pay impact fees, and then donate land. So it's kind of a quid pro quo. We're going to give you this if you give us that. So that's an in-nuchelle annexation agreements. Okay, so here is an example of what you might see. Yes. I'm sorry. Oh, staff. Staff in the city, staff in the city attorney's office do all of that. They do the analysis of that and then they provide you with that analysis through a staff report and then that's usually also outlined in detail in the resolution. Ultimately, you guys are approving that as they find it. You are finding those as fact, but the staff is doing the legwork for you. Good question. All right. So here's the annexation plot. Just an example of what you might see before you. They're not real sexy. You know, it's got a scale on it, a north arrow, a legal description of the property, a map showing the actual property boundaries where it's located by a vicinity map. It shows you how it's contiguous going on the west wall over here. This here is the property outline on this annexation flat. Generally shows you what's happening in the surroundings. This is the Union Pacific Railroad here. This is the property to the south where the contiguity is coming from, that one-sixth contiguity. And then we have, of course, the signature blocks down here for the City Council, the mayor to sign off on. And also the recording information when we take it to Adams or Weld County for recording purposes. So, they're not very fun documents to look at, but this is what you'll be seeing. Okay, zoning. The purpose of zoning is to regulate uses of land and the physical improvements to the land without imposing an undue burden on the land owner. Planning is a tool used by local governments to balance the interests of the public welfare with the private land owners' rights to use their land. So again, going back to the old code, land use development code, section 17-8-80s, zoning is administered in two ways in the city. So you either follow the city's adopted zone districts, which I'll get into further, or you established, you as the property owner, established a planned unit development, PUD, as your zoning. Okay, so this is again the city's standard zone districts, what we call straight zoning. And here I'm starting to abbreviate LU and DC is the land use and development code. It gets very lengthy. So I tried to shorten it up for you. Land use and development code outlines various types of zoning districts within the city, which are as follows. We have seven different types of residential zone districts. We have four different types of mixed use districts, four types of commercial districts, three industrial, two agricultural, and four what I would call miscellaneous. Under the miscellaneous category would be things like public land. This building is on land that's owned as public land. Then we have separate zoning district for parks and open space. So those are kind of the miscellaneous category. So here's an example of the zoning map. I'm going to go towards Eastwall with the pointer just because I don't want to be pointing at Marv's head. So here's US85 and here's Bridge Street, kind of this darker black line and and Bromley then baseline or weld county road two or 160 a.t.t. whatever you call it wherever you're at. So everything that you're seeing on this little snippet of our zoning map, everything in blue is public land. Everything that you see in kind of the brighter yellow or the darker orange colors are residential zone districts. Everything you see in like a red or a dark red ish brown is a commercial zone district. And then there's these kind of tan colors here, large tan colors. These are those areas on the zoning map that are planned unit developments. Again, I'll get into those a little bit later. So that's what the zoning map looks like. And again, this is also online. So in terms of the approval steps for zoning, there are essentially two steps for Council's review and approval. You have the public hearing, again, an opportunity for the public to be engaged and have their point of view represented. And then you have the first reading of the zoning ordinance. And then the second reading of the zoning ordinance. And then the second step in the process is the second also known as final reading of the ordinance. I should note here that you as the policy makers are one council, but you have many boards and commissions that kind of report to you. One of those is the planning commission. The planning commission actually sees some of these land use applications before you do and there are recommending body on them. And one of them is zoning. So they will actually have a separate public hearing before you see it. And they will make their recommendation to the council. And in that recommendation, they will kind of have their findings effective. Hey, we believe this meets the intent of the land use code. We believe this meets the comprehensive plans, future desire. And then sometimes they don't recommend approval of it. And then they would, we'd still bring that to you with their recommendation of denial. Okay. So the review and approval criteria for zoning is that it complies with the comprehensive plan and other master plans of the city complies with the requirements of the Land Use Development Code and with the zone district provides consistency with the purpose and intent of the Land Use Development Code provides compatibility with surrounding areas, as harmonies with the character of the neighborhood. It is not detrimental to the immediate area, usage development of the area or the health safety, or welfare of the inhabitants of the city. But those are the zoning criteria. So you'll see that coming before you next week. Okay, PUDs, again, it's type of zoning. Similar process to zoning, which I just went over, however, there is a kind of a step after that that council does not see, and that's final development plans. That's a little bit more of a site-specific plan with those PUDs. Those are reviewed again by staff administrative. PUD is different from straight zoning or the city's zone districts. And that the owner for applicant establishes their own standards for that land. So they determine what land uses there are and where they're located. They determine what's allowed, what's not allowed, what's a conditional use. They determine the dimensional standards for each of those allowed uses. So dimensional standards, again, where are the front, rear side, setbacks? What are the minimum lot sizes? What's the maximum building height? Those, when I say dimensional standards, that's really what that encompasses. And then design standards. When you're doing a PUDs, that is a true quid pro quo. If you're not going to follow the city standards, then you are doing a PUD. You need to go above and beyond our standards in some way. So a lot of times they'll do that through additional design standards. They'll do you know better architecture, better landscaping, those types of things to kind of raise the bar for their development. I would like to note that nearly 75% of the land zoned in the city of Brighton is within a PUD. It's a lot of land. Now that was, of course, mostly under the old code which we've had in place since the 70s. I mean it's been amended over the years but it's really pretty outdated. It was a pretty outdated code. Now we have the new code and in in the new code, we're trying to not have people do PUDs. And the reason for that is you want some level of consistency in your community, right? You want to know what's going to go in next store. It's a lot easier to tell a resident, hey, that property is zoned this and the code says, this, this, and this can go there. With the PUD, because there is that flexibility for that property owner, you could have a resident on one side of the street who has a PUD property across it that might have different dimensional standards and land uses, then the property next door to them. It's also an administrative nightmare for staff to keep track of and to do research on. If we get a pod call for one of those 75% of the zoned areas, we have to go in the files and look that up and find out, oh, what is the setback here? Because it's not consistent across the board. So it can lead to a lot of frustration for the citizens and of course the staff. And I feel like we're not getting as good a customer service out there because it takes us a while to do that research. And sometimes it's not clear in that document, so then we have to make an interpretation. Then we get to bring in the city attorney. It's just, it's a nice thing to have, but it can be problematic over time. Now, I should say that there's a lot of land zone this way, and they're already entitled to do that. So if they want to develop under that zoning, they have the right to do so. So you're going to see a lot of land use applications come before you, where they're under a PUD zoning, and they are allowed to develop in accordance with that zoning. I think over time, what you'll see is some of those PUDs are outdated and those landowners will want to be keeping up with whatever the market bears and will probably be emitting those PUDs anyhow. But that's again we can get into that.