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I'm going to call the order our city council meeting for October 15th, 2024. I'm going to request councilmember Green to lead us in the pledge of allegiance. All right. Madam City Clerk please call roll. Mayor Mills. Here. Mayor Proto-Tem Kadia. Here. Council Member Fiddler. He is ill today. Council Member Green. Histoia Ki. Council Member Johnston. Present. Council Member Polaski. I'm here. Council Member Snyder. Here. Council Member Tadeo. Present. Council Member Worth. Here. You have Tadeo. President, Councilmember Worth. Here. You have a quorum, your honor. Thank you. Next is the consent agenda. Madam City Clerk, please read that into the record. Item 2A, approval of the September 17th, 2024, City Council minutes. Item 2B, a resolution of the City Council, the City of Brighton, Colorado, setting compensation for city manager Michael P. Martinez upon conclusion of the annual performance evaluation. Item 2C, a resolution of the city council, of the city of Brighton, Colorado, approving employee benefits for 2025, and authorizing the city manager to execute benefit contract documents. Item 2D, a resolution of the City Council, the City of Brighton, Colorado, appointing members to the City of Brighton Youth Commission for terms ending in June of 2025 and 2026. Thank you. It's the pleasure council, council member Plosky. Thank you Mayor, I'm happy to approve the consent agenda for tonight. for the councilmember please. Thank you mayor. I'm happy to approve the consent agenda for tonight. The councilmember green. I will second the consent agenda. We have a first and second to approve the consent agenda is read. There's no other discussion. We'll call vote. motion passes seven to one. Concentrate agenda has passed unanimously. So if the consent agenda is not passed unanimously, we're going to have to vote on each item. After the approval of agenda or just do it now. Councilmember Johnson would you have preferred to poll an item? I'd be happy to mayor. I'd be happy to pull item 2c. 2c. So we can vote on everything but c. Does that have to be re-readin? Okay. So I will entertain a new motion. We'll pulse 2c and the rest A, B, and D were read into the record. Council member Green. Thank you, Mayor. I motion to approve the consent agenda, minus item C. Okay. We have a second. Council member Worth. Thank you, Mayor. I second it. We have a first and second to approve. 2A, 2B, and 2D, recall the, motion passes eight to one. Oh, eight to zero. Thank you. One absent. So next we will go ahead and read in item 2C, the resolution of the city council, the city of Brighton, Colorado, proven employee benefits for 2025 and authorizing the city manager to execute benefit contract documents. Councilmember Johnson, do you have any questions towards it? No, no, thank you Mayor. I voiced my opinion. Oakley previous, about the 2% and that change when it comes to both our police department and other employees. And I see that it's still here and cannot consent to it. Okay. Thanks. Let's, if there's any other questions, if not, who'd like to make the motion on that? Councilor Mayor Pro Tem. I'll move item two C. And then council member Tadeo. Thank you, Mayor, I'll second that. We have a first and second to prove two C. No other discussion, we'll call the... Motion passes 7 to one with one absent. Next, approval of the regular agenda. What's our screen clears? Mayor Potem. Thank you. I'd like to move the agenda first tonight with two changes. The first one is removing item 4A and the second is moving item 10A to become 7D. All right, there's been a motion to approve the agenda with those two changes. Council member Green. Second, Mayor, I will second that. We have a first and second to approve the agenda with those changes. There's no other discussion. We'll call vote. Motion passes 8-0, one absent. All right. Next is item 4b since 4a has been removed. 4b is red ribbon week proclamation. I have this proclamation here and I'll go ahead and read that. Whereas alcohol and drug abuse affects individuals, families and communities across the nation and whereas is imperative that visible unified efforts by community leaders be launched to prevent drug use and whereas Red Ribbon Week offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles and whereas Red Ribbon Week will be celebrated in the communities across the nation on October 23rd to the 31st, and whereas businesses, government, law enforcement, media, healthcare providers, religious institutions, schools, and other community-based organizations will demonstrate their commitment to healthy drug-free lifestyles by wearing red ribbons and participating in drug prevention activities and whereas the City of Brighton further commits its resources to ensure the success of red ribbon week. Now therefore be resolved that I agree with Mills, Mayor of the City of Brighton. On behalf of the City Council proclaim October 23rd to the 31st, 2024 as Red Ribbon Week and encourage residents to participate in drug prevention, education, activities, not only during Red Ribbon Week, but also throughout the year, making a visible statement that we are strongly committed to a drug-free lifestyle dated this 15th day of October 2024. City Manager Martinez, who do we have to receive this tonight? Thank you Mayor, good evening Mayor, Mayor Pro Tem and members of Council tonight. We have Nicholas Stone, unit commander with the foot hills, young Marines to receive this proclamation. I cannot bring up some of my young Marines. Yes sir, you may. I want them to accept this. Come on up. We'll let you have the mic and then we'll come down for a picture. The mic is over here in the middle on that podium. If you would like, you can come down the mic. It's up to you. If you don't, we can come down and have a picture, whatever you'd like. Good evening to all. I'm Corporal Hickey, as with the foothills young Marines. And I'd like to say I'm very moved by this help in drug prevention. It's really what our program is about. We help to teach our youth and to help promote the prevention of drugs and to teach about its abuses. And we carry on the work of past on DEA federal officer Enrique Kiki-Kemarena and we hope to continue his mission to keep drugs out of our system. Thank you. Thank you. Thank you. We do. If you don't have anything else, say I'll come down if you'd like. Oh, no, we just want to thank the city of Brydon. Come to the mic, because there's people online that can't hear you. We want to thank the city of Brydon for everything you've done with this proclamation and we want to get the word out to promote a drug free healthy lifestyle. So thank you. All right. Thank you. I'll come back down there real quick. Do you need a key? Do you go? Thank you very much. Thank you. Thanks for coming in. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you very much. Thank you. Thank you. Thanks for coming in. Thank you. Thank you. Thank you. Thank you. Next time on the agenda is item 4C. It's a domestic violence awareness month proclamation. I have asked councilmember today to read that to the record. Thank you, mayor. So domestic violence awareness month is October 1st through the 31st. 2024. Whereas domestic violence is a serious crime that affects people of all races, ages, gender, and income levels. And whereas domestic violence is widespread in the United States and average of 20 people experience intimate partner physical violence every minute. This equates to more than 10 million abuse victims annually. And whereas one in three Americans have witnessed an incident of domestic violence, and whereas despite tremendous progress, an average of three women in America die as a result of domestic violence each day. One in four women and one in nine men will experience domestic violence in their lifetime. And whereas children that grow up in violent homes are believed to be abused and neglected at a rate higher than the national average. I'm sorry. And whereas families are indispensable to a stable society and they should be a place of support to instill responsibility and values in the next generation. And whereas domestic violence costs the nation billions of dollars annually in medical expenses, police and court costs, shelters, foster care, sick leave, absenteeism, and non-productivity. And whereas only a coordinated community effort will put a stop to this heinous crime. And whereas domestic violence awareness month provides an excellent opportunity for citizens to learn more about preventing domestic violence and to show support for the numerous organizations and individuals who provide critical advocacy services and assistance to victims. Now therefore, on behalf of Gregory Meals, Mayor of City of Brighton, and on behalf of the City Council, do hair by proclaim this month of October as domestic violence awareness month and urge the citizens of Brighton to work together to eliminate domestic violence from our community. Thank you. Thank you for reading that. City manager Martinez, who do we have to receive this tonight? Thank you, Mayor. At this time, I'll call up our police chief, Matt Domenico. Come on up, Chief. Feel free to say a few words and we'll come and get a picture. I'll keep it brief, I promise. Good evening, Mayor, Mayor Pro Tem, members of council. I would just like to start by thanking you all for taking the time today to issue this proclamation. It's a topic that's very important to me both personally and professionally. Domestic violence and domestic awareness month is an important time to really talk about some of the realities of it. As you heard council member today, I'll talk about, it's a pervasive issue, still locally and nationally, whether we know it or not, it has likely had an impact on a close friend or family member of all of us. More than 10 million people annually suffer abuse at the hands of an intimate partner. One in three women and one in four men have been victims of domestic violence. The impacts of domestic violence are far reaching and impact all segments of society, regardless of age, gender, race, religion, socioeconomic status or nationality. Victims face physical injury, psychological trauma, and far too often the consequences of domestic violence can be fatal. While no one is affected more than the victims, DV impacts everyone who's exposed and the negative, long-lasting effects on children who witness these acts are well documented. Raising awareness about the realities of domestic violence is an important step in combating this issue. In addition to raising awareness, October is a time to acknowledge all victims and survivors of domestic violence, and we really need everyone to get involved to help eliminate someday this continually, this plague that has been applied for a long time. So thank you all for taking the time to issue this proclamation. Thank you, Chief. We'll come down and get a picture. Do you want to come, Council Member, today? Everybody free. Everybody? I'm going to go to the next. All right. Next on our agenda. Item five, public invited to be heard on items that are not on the agenda. So I have a few people sign up to speak on items not on the agenda. I know there are others that are here for upcoming agenda item and we will go to that point when we get to that point of the agenda. So first person come up to speak is Brian Bratcher. You're coming up Brian state your name for the record and you have three minutes. Brian Bratcher addresses 9555 South Kingston Court and Inglewood, Colorado. Good evening Mayor, Mayor Pro Tem and members of Council. My name is Brian Bratcher. I'm a development manager with the R-Horton Multifamily. I'm here tonight to discuss the proposed increase in development impact fees that will be presented for acceptance within the city's 2025 budget and more specifically how these increases will affect the DHITeleride development at 279 Telyred Street in Brighton. To provide some quick background, the DHITeleride development consists of 140 duplex units and a community amenity center. The DR Horton Multi-Family Team has been working on this project since April of 2021 and received approval from City Council for its subdivision plan on June 6, 2023. While working through the city's extensive entitlement process over the past three and a half years, this development has already incurred an increase of roughly $4.6 million in impact fees since the start of the project. While our team has worked extensively to mitigate the financial impact of these increases, the proposed fees in the city's 2025 budget would add an additional $319,620 that would push the projects already strain budget over the edge and would ultimately be detrimental to the feasibility of the development. I understand the increases in impact fees are essential for the city to fund necessary public improvements. However, I believe we've been caught in a unique scenario regarding the timing of this development. Because of this, I would like to respectfully request City Council to consider a proposed solution that would allow D. H. I. Telly ride to move forward and not only provide the city with unique and desirable residential product, but also extensive public improvements for the surrounding areas. The unique scenario I previously mentioned is due to the significant public improvements that were deemed a requirement during the subdivision process for this development to construct. According to city code development impact fees cannot be paid until the issuance of building permits. Unfortunately, all of the public improvements associated with this development must be accepted prior to the issuance of any of these permits. It is due to the added time to construct these public improvements that we will not be able to pull building permits this year and avoid the detrimental increase in impact fees. One minute. I believe it is unjust for this development to be financially punished solely because it is constructing public improvements on behalf of the city. In light of the unique scenario and timing of this development, I'd like to respectfully request City Council to grandfather DH. I tell you right into the current 2024 development impact fees that were made effective April 1, 2024 during the tonight's vote on the city's 2025 budget. Understanding this discussion has been very brief. The DR Horton Multi-Family Team also welcomes the opportunity to schedule an upcoming, to be on the schedule for an upcoming City Council agenda to present this request along with the project's timeline and associated public improvements in more detail. Thank you for your consideration. Thank you, Brian. request along with the project's timeline and associated public improvements in more detail. Thank you for your consideration. Thank you, Brian. And just so you know, this is on the agenda. It should have been marked as an item on the agenda, so you could have spoken on it then. Okay. Thank you. Next, Tom Lampo. Come on up, Tom. And state your name for the record. You'll have three minutes. Hello everyone, this could be back here. I'm here to lift up the community of Brighton and Prayer. So please join me in prayer. God in Jesus' name, we ask that you be with us. We invite you here to Brighton. You're always welcome wherever we are. Heavenly Father, you are the God of creation. There's no God above you. You rule and reign in all situations. You have never been defeated and you never will be. You are victorious over all situations. In Psalm 241, it states, the earth is the Lord's and everything in it. The world and all who live in it. Nothing escapes you, no man can hide from you, there's nothing we do that you aren't aware of, and you still love us. Father, we are all at different places in our faith. You created us all, and we are all here for this time. All we need to do is let you guide us through all situations. In Revelations 3-28, it states, behold, I stand at the door and knock if anyone hears my voice and opens the door. I will come into him and he will dine with him and he with me. You are a loving God and you will not trample on our decisions. You always knock. Send your spirit to work within us so we will let you in. You are our God and we are your people and your precious name we pray. Amen. Thank you guys. Have a nice night. Thank you Tom. Next person's time to speak. Mike Boutwell. Come on up Mike. Stay your name for the record. You got three minutes. Mike Boutwell. 353 and 010th Avenue Brighton, Colorado. How do y'all? I'm not very, uh, I'm not very, uh, I'm not very, uh, I'm not very, uh, I'm not very, uh, I'm not very, uh, I'm not very, uh, I'm not very, uh, I'm not very, uh, I'm not very, uh, I'm not very, uh, I'm not very, uh, I'm not very, uh, I'm not very, uh, about collective unconscious. I want to talk to you about divergent thinking. And if you know anything about those terms, help you know anything about those terms. Then you know what I'm talking about. I live outside the box. I'm a secular humanist. I don't live within the conventions of conventional thought. This thing, yeah. Thank you. I live in this town. I lived here for 16 years. I watch this town like a hawk. I see a thing to go on. I see that people running around like chickens with their head cut off. And I wonder what we're doing. You know, we've turned our whole town over to the metro districts. We've turned our whole town over to the outside suburban area as a bedroom community. Okay? We brought in, you talk about drugs. We need to close the borders because you still bring an infant and a method gene, ecstasy, all this stuff from outside the country. You know, and if people in this country are complicit in that drug trafficking, so this is, we're not going to do anything if we don't stand up and say no, you know, because you, but you don't have all these people out here that want the drugs. Cocaine has been the same price for the last 30 years. $100 is ground. OK? You know why that is? Because people will pay the price. And the drug cartels know that they have to keep their customer base. And the people in this country that are complicit in that drug trafficking are going to continue to do their business. And so when you talk about drugs, drugs, it's like it's so far outside the box when I'm thinking about things. And I don't have a menu here. I don't have a script or anything. I just talk from the head, you know, and I talk to people about the fact that the collective unconscious and conventional thought is going to be the downfall of our world if we don't pay attention to what's going on. And I just cannot express that enough. Get outside the box, think about things, think about the alternative. Don't just sit here and be a convergent personality. You have to be divergent in our world. If you're not, you're just a slave. And that's all there is to it. You know, we just have to keep going and progressing because the only thing that stands in our way of progression is the people. And if you don't think about that, you're just lost as well. So I just have to keep on pounding on people. And I'll come back here every two weeks and talk to you about something else. Time. Have a good day. Thank you, Mike. That's all I have signed to speak on items not on the agenda. Go on to the rest of the meeting. Item 6A. the . I have only got three signed up to speak and then the rest are on the rest of the agenda. . . . All right. Item 6A and ordinance of the city of Brighton, oh sorry, and ordinance of the city council of the city of Brighton, Colorado, amending articles one and two of the land use and development code to add enforcement mechanisms for violations of the land use and development code and other related items there too or related item matters. So first I will this is a public hearing I'll go ahead and open up the public hearing. I will ask our city clerk if she will verify all the necessary postings and publications were done. Yes you're under the notice of public hearing was published on the City of Brighton website on September 27th, 2024. Thanks for verifying that. Next I'll ask anyone on council if there's any conflicts of interest or any exparte communications which they need to disclose. All right. City Manager Martinez will you introduce our first speaker? I will. Thank you, Mayor. Tonight presenting this item is our Director of Community Development, Holly Prather. Good evening, your honorable Mayor, Mayor Pro Tem, ladies and gentlemen of the Council, and residents. Again, for the record, my name is Holly Prathar, and I am the community development director for the City of Brighton. To give you a little background on June 4th of this year at a City Council regular meeting, there was an agenda item 9C titled Development Review Discussion. At that time, there was a good discussion about holding developers accountable for their development obligations. A motion was made at that time to have staff bring options to the July second meeting to create a reporting mechanism and enforcement tool to force compliance with all original development agreements before staff is allowed to review Final Platform Buildout. That motion was subsequently amended and approved 8 to 0 to remove the word final platform the motion and to move it to the July 9th study session. Later the item was moved to the August 13th study session to ensure all council members could attend and participate in the discussion. At that meeting staff presented suggested revisions to the land use development code and the City Council gave staff general direction to move forward with the amendments as proposed. So before you this evening at this public hearing we have a draft ordinance which includes those code amendments to the land use and development code. And I want to point out that I owe many thanks to the City Attorney's Office, particularly Yasmeena and Alicia. They pretty much drafted the ordinance that's before you. It's all a lot of flea glies. That's not my Bailey Wick, so I would like to give them credit for that. Anyhow, that ordinance that they drafted is to amend the existing Land Use and Development Code Section 1.04 enforcement in its entirety. Currently, the code lists out separate sections A, B, and C for violations, enforcement, and penalties all within this one section 104. The proposed code amendments would instead result in section 1.04 being entirely focused on violations and would add a new section, 1.06 for the enforcement positions, and a new section 1.07 for penalties. Generally, for the existing section 1.04, city staff was proposing to remove all the existing generic language and replace it with more specific language as to what may constitute a violation. The proposed violations included in your draft ordinance include failure to comply with not only the land use and development code itself, but also any other regulation as adopted by another city department. Expanding beyond violations of just the land use and development code and including any violations of any agreement or an approved plat. With any conditions that may be attached to a permit or any other development approvals, illegally subdividing the property, obstructing or removing any notice that is posted or otherwise given, and interfering with city staff and performing their duties. The new section 1.06 enforcement has been added to the Lanyard's Development Code. It discusses enforcement responsibility and the ability to perform inspections for any potential violations. Those proposed enforcement powers include the ability to use any or all of the following provisions, withholding of a building permit or certificate of occupancy, withholding of other permits and approvals, withholding of water taps or water service, revocation of permits or approvals, suspension of licenses, stop work orders, abatement, injunct of relief, utilization of article 1-24, powers in the municipal code, city abatement and recovery costs, and any others as permitted by law. The enforcement procedures there essentially be two types. We would have non-emergency matters and emergency matters. As far as the non-emergency matters the first thing we would do is provide a notice of violation. So we would send a written notice to the occupant the property owner or any applicant for any relevant permit. We may send this via mail, leaving a copy on the premises with an agent of the premises or fixing the notice in a conspicuous place. Then of course, we move into the correction of those violations. Generally, we'll give 10 calendar days from the date of the notice. The director may provide additional time. If the nature of the violation or other unique circumstances make it infeasible to correct. Alternatively, we may allow a shorter time period if the violation can be reasonably correct at in less time. It involves a temporary use or a structure that will be used in less than those 10-day period, or if the property is a chronic violator. We may also extend if in written receipt with evidence that the correction has been started but is impracticable to complete within the time period given. If those violations are not corrected, then we have the ability to summon them to court. And then they would go to court and would be subject to any additional penalties that that court may require. So now onto emergency matters. Generally, it must be an immediate threat to the public health and safety or an emergency with a potential to create substantial increased problems, costs or liabilities for the city. The city may utilize enforcement powers without prior notice and instead give notice simultaneously with beginning of the enforcement action. Moving on to the new section 1.07 penalties. Each day of the continued violation shall constitute a separate violation and any violation shall be punishable in accordance with the penalty as set forth in section 1-24 of the municipal code. We're also hoping to revise the existing section 2.02-D2. Generally, the proposed changes are to the review procedure for the subdivision plan applications. Currently, the code provides that the planning commission is the approving body of a subdivision plan, and then it would move on to the City Council where you all would accept the public facilities or infrastructure. This could create it has not yet, but it could create kind of a legal quagmire in the instance where say planning commission approves the subdivision plan and City Council decides now we're not gonna accept these public facilities or these roadways. It leaves that project in limbo and it could end up in us and need it in a lawsuit. So instead at the study session you had us move forward with revising the code such that the Planning Commission is a recommending body on a subdivision plan very similarly to what they do with zoning. They're a recommending body to the City Council. Process stays the same, still goes to what they do with zoning. They're a recommending body to the city council process stays the same still goes to planning commission public hearing. They just now make a recommendation to the city council. They're not approving. Then it moves on to city council and you as the council are the one approving and accepting those public improvements and infrastructure. We're also adding a new subsection section Section 2.017, which will require the applicant or representative of the applicant to attend any public hearing. If the applicant representative is not in attendance, the public hearing will be rescheduled. So the Planning Commission reviewed the proposed code amendments at their September 26 meeting and then unanimously recommended approval of the code amendments 3-0. Notice was provided in accordance with the Land Use and Development Code. It was placed on the city's website at least 15 days prior to this meeting and it was posted on Friday, September 27th. Although not required, notice was also referred out to the city's social media accounts, Facebook, and next door. Which I think is why a lot of people are probably here. Code Amendment Review criteria. This is the review criteria you need to utilize when making a determination as to whether you want to approve these code amendments or modify these code amendments or deny them. So the first criteria is the amendment furthers the purposes of the regulations, as the amendment in accordance with the comprehensive plan and has been considered for both its long range effects as well as immediate impacts. The amendment proposes promotes the public health, safety, and general welfare of the community in the city of Brighton, and the amendment improves the effectiveness and efficiency of administering the code. So options for your consideration this evening. You have four. You can approve the code amendments as drafted. You can not approve the code amendments. You can also approve the code amendments with any changes. You see fit. Or if you would like more time to discuss this item, we're here more from the public. You can always continue the item to be heard at a later specified date. And that concludes my presentation. I'm happy to answer any questions. Thank you, Director Preyther, for your presentation. This time it's time for a public comment related to this item. Those that have signed up to speak will be called up one at a time. If you wish to sign up to speak and you have not signed up yet, there are forms in the back. You may go fill that out and return it to our city clerk. You will have a total of three minutes to speak. At this time, this is a ordinance. We'll be addressing this specific item, not specific projects that are in the past. So I will go ahead and start calling up. First person I have on my list. Terrell in Romero. Come on up. State your name for the record. You'll have three minutes. OK. My name is Terrell and Romero. And the first thing I would like to do is actually address the individuals in a room. I have a packed room behind me. If anyone here is uncomfortable giving your address, you don't have to in order to speak. That's your constitutional right. So I want to start with that. The second thing that I'd like to do is again address the individuals here so that you understand what these ordinances have the power to do in terms of protecting polisie farm. That way you have context when the council members are voting on these ordinances and you can understand what they are voting for or against. These ordinances will essentially allow the council members to hold developers accountable to their word so that if a developer says one thing and does another, there are consequences. In the case of Polisie Farm, allegedly, Jack, the developer disguised as a metropolitan district, told the council under oath that his plans to lay a drainage pipe would not harm Polizy Farm. Based on that pretense, they granted eminent domain authority to jack the developer disguised as a metropolitan district. That turned out to be a bunch of hot air. He never spoke with the farm, and there was no factual basis behind that claim. Because of that, this is why these ordinances are being proposed here today. To say, you know what? You said something under oath. You said your drainage plans weren't going to harm the farm. We're going to hold you accountable to it. And if you fail to deliver on that, the council members are going to have the power to withhold permits, impose penalties, financial penalties, and essentially stop that developer in its tracks. That creates incentive for the developer to give a damn. And without that, the developer has no incentive whatsoever. I want you guys to understand that very clearly. The other thing I want you all to understand is that this is not the end. If this passes tonight, polisie farm is not totally in the clear. Because if the developer hypothetically wanted to do a backhand deal with any one of these council members up here, wanted to do an under the table deal in order to turn a blind eye, should the developer harm the farm and not lay that drainage pipe deep enough? This does not stop that but it is an important milestone and we are going to be looking for a unanimous yes vote tonight and I also want to thank Matt Johnston for being with us and on the side of the farm from the very beginning I will withhold calling out any other council members to which I have been incredibly frustrated with. And I'm sure you've been frustrated with me too. We've had a lot of fun. But Matt Johnston, thank you for all that you've done. Thank you. Thank you. Thank you. Thank you. Thank you. Next, person signed up to speak is Liz Rubenstein. So Liz, come on up. State your name for the record. You have three minutes. Thank you. My name is Liz Rubenstein. I'm an attorney with Hammery Rodriguez, Ostrandor and Prescott. And we represent Polizie Farm. And here with me today is Debbie Polizie, the farm owner and farmer and Jose Cateres,-time farm manager. And I want to thank all of you for everything you've done, Matt, in particular with Polisie Farm and what you're doing with your land use code. And I'm here to offer an opportunity. It's our understanding that the district that has just been discussed here has had a delay in their project, that they were supposed to start construction on November 1st, but nothing, but it sounds like that is not going to happen. And that I think presents an opportunity for all of us. And the farm has hired an engineer and not just any engineer, an engineer with a lot of background in storm drainage. For example, her name is Dr. Elizabeth Brogan and for example, she ran the municipal drainage for the entire Buckley Air Force base, their entire municipal storm water management program. And she has proposed an alternative that could modify the district's plans to minimize or potentially even eliminate the impacts on polisie farms. And we'd like to take this opportunity to reach out to you guys, to reach out to the district. This has already been shared with Districts Council, and it was emailed to all of you today, and I have extra copies here and we'd like to take this opportunity to start a discussion. We're not saying that this one proposal by the engineer is necessarily the entire fix or the only solution but we'd like to have a conversation with the professional engineers involved to see if we can all work together and be creative to find the best solution that will address the stormwater issues and decrease or possibly even eliminate the impacts on polisie farms. One minute. Thank you. Um, really, that's what I'm here to do is invite another additional future conversations and see if we can all work through this in a way that works well for everybody. So I appreciate your time and attention. My apologies for the misunderstanding earlier. I wasn't sure, since as you pointed out, this is not project specific for this ordinance. I wasn't sure if I was going to be able to speak when they said that was the last of the folks not on it, because the ordinance is more general rather than project specific. So thank you again for your time and attention. We look forward to future conversations. In that case this probably should have been on items not on the agenda. All right. Thank you. Next is Janet Schroeder. Hopefully I said that right. Come on up and state your name for the record and you have three minutes. I'm going to go to the office. Hello, honorable mayor and council members and my name is Janet Schrader just to confuse people. I married the name. Okay. Thank you for this opportunity to share some thoughts. Because of the existence of polisie farms and its influence in the life of my family, we live in Evergreen and go to the farmers market up there. They've been in our lives for over 21 years. I stand here because they have become friends. I encourage you to stand firm for your citizens. Their impact reaches beyond your borders. I encourage you to not succumb to the bent of human nature, to pursue the accolades of men, special interest groups, or the lure of money, and to protect your people specifically, and specifically pliesy farms. They have the right to continue their life pursuits here in your midst. Please consider unintended consequences of your choices and do the right thing by your people. Please do not think that you can always personally escape the proclivities of mankind. So I encourage you to do the right thing. You have the weight of your citizens on your shoulders. Thank you for the opportunity to share my thoughts. All right, thank you. Next is Scott Dutcher, if I said that right. So come on up Scott, take your name for the record, you got three minutes. My name's Scott Dutcher, and I'll keep this short and sweet as I hope it will be impactful for a functioning society, property rights, and the rule of law are essential. Given the vast power metropotent districts possess, enforcement actions are exceedingly important. It is for this reason, I urge council members to vote yes on this resolution. Thanks. Thank you, Scott. Next, I have Diane Gregorius. I'm on up Diane. State your name for the record. You'll have three minutes. Hi. My name is Diane Crogorius and I appreciate being able to speak to you mayor and council members. I am a former teacher, retired teacher and I also have been involved with the farmers markets that policy forms have offered. I live in the south part of Denver. And so and I've been going there for two policy farms for over 20 years. And the two people that spoke before me were so eloquent in what they were saying. It definitely is something that is very close to my heart and my family's heart as far and to see them have to go through this has been hard. It's been difficult. And I would urge all of you to please vote yes and to hold the developers to their promises. It's so important and not just for this form but for your community. And it's such a nice community too. I really like it. And it's basically all I have to say, but thank you so much. And please vote yes. Thank you. That is all I have signed out to speak at this time. I'd like to confirm with our city clerk of any other correspondences have come in related to the item. No, your honor. OK. Does the staff have anything to add to the presentation since public comments been brought out? Your honor, I do not. OK. Comments from the council. Council member Green. Thank you, Mayor. Ms. Prather, thank you very much. It's exactly the mechanisms and the teeth and enforcement we asked for. I want to come in the city staff and the city's attorney staff for coming up with these land use and development code amendments. Really appreciate that. I guess I had one question. We talked about earlier about the line about removal or obstructing any notice that we can always necessarily prove who did it or why did it. So I don't know if we're, why we left it in. I thought we had a discussion where we weren't going to leave that in. But other than that, again, I appreciate what you've done here. We actually ended up leaving it in because since it was a study session, was general discussion we can't I don't think we can take one person specific Comments on that so we included it in if however the council as a whole decides that they do not want that in there Obviously you can certainly take that out. I would note though that notice is a general term We provide different types of notice we have signpostings on the property, but we also mail them out So if there was an instance where say, the applicant provided us, they are responsible to provide us the address labels. So let's say they didn't provide the address labels or they provided address labels that were incorrect. We could pursue that avenue utilizing that because it's a notice in general. So I think it's a little bit more comprehensive than just the signposting, but to your point, it's a notice in general. So I think it's a little bit more comprehensive than just the signposting. But to your point, it's up to you. And I accept that. I think it's fair. Thank you. You're welcome. Right? Next, Councilmember Johnston. Thank you, Mayor. I'm always happy to see a lot of people in here. We're talking about holding developers accountable tonight. The way you all hold us accountable up here is by sitting in this room. I've seen it happen in the past before. I'm seeing it here today. And it's been said by some of the speakers, but all of you here that are here for Polisie Farms, I need you to know this is one step in a certain direction. I feel very comfortable that we should have a unanimous vote on this because of the longevity of what we need to do, so developers can't walk in here and lie to us. I was lied to. I was sat here and was lied to by this particular developer. And what's great about that is that it's triggered this for the longevity of this council and this city to not have that have to happen again without some kind of way to enforce what was said. Once you hear the words public hearing and you walk in a bright and city all, that means you are under a certain type of oath that we're gonna hold you to. This won't happen again. And if it does, it's because votes were taken after the fact on the particular issue. Not that we don't have the mechanism to do this. And I also want to say thanks to Wicked Witch, I didn't know I'd ever say that on this diast, but you actually helped, you actually helped this to go from nothing to something. And I really appreciate it. But this is for the all developments that happen and have happened in our on the books today. But please hold us accountable up here. The more people come in this room, the less chance there is that the good old boys mentality can continue and return to this city as I feel like it has in certain ways. We have to keep fighting against it. And I really appreciate that we should have unanimous vote here. But then there's another step. We're going to have to come back here and make sure that the judge's order for us to all protect that farm. It's a judge, the judge ordered it on paper and we need to make sure that we do protect the farm and that's not up to the developer to say if it's protected. It's up to the farmer themselves, Deplaisy and Jose. Thank you. Thank you. I have no other comments here. So I'll go ahead and close the public hearing. And this is before council, council member Green. Thank you Mayor. Move to approve item 6A. Then mayor per temp. Second at motion. We have a first and a second to approve item 6A. There's no other discussion. We'll call vote. Motion passes 8 to 0 with one absent. Now we're moving forward here. Next is item 7a, a resolution of the City Council, the City of Brighton, Colorado, adapting fiscal year budget 2025, or fiscal year 2025 budget, and appropriating sums of money to the various funds and spending agencies in the amount specified below in the amount of $255,284,504 for the city of right in Colorado for the fiscal year 2025. So this is also a public hearing. I will officially open the public hearing. the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of on October 3rd, 2024. Okay. I'm going to take a quick pause. If people are choosing to leave, I'll let them leave. But everybody's welcome to stay if they choose. It's your exciting. Super exciting. Thank you. Yeah. Fudges are fun, people. Come on. We have colors. We have colors. We have colors. Oh, yeah. Then I will next ask the council if they have any conflicts of interest or any ex-partake communication to disclose. Okay. Oh, sorry. Councilmember Johnston. Thank you, Mayor. I mean, I have a question about this because X Partake Communication also includes speaking to city staff as a council member and we've all spoke to city council, city staff about the budget itself, I would feel like we have through study sessions in previous moments and anything that we do does affect the budget. So I'd like to ask a legal opinion if that applies in any way to, if I could ask the city attorney, if it pleases you, Mayor. Yeah, that's a good question. City Attorney Calderon. Thank you, Mayor and thank you, Council Member Johnston. and I'm going to ask you to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to some of our normal language that we use and we go through for a public hearing is not applicable. Yes, you can speak with staff about the budget and you should. The staff about the budget. That's satisfied the curiosity. Yes, and so Mr. Mayor, then we don't have to answer the question about X Partake Communication in this respect. That's how I would define it, yes. Thank you. Or, interpret it, I should say. All right, next. It's a quasi-deditial hearing. NADA. All right, next city manager Martinez, please present our presenter. Thank you Mayor for the record. If you don't ask me budget questions, I'm going to provide questions for you to ask me. Please ask me budget questions. For I introduce our presenters, I'm just gonna give my quick little speech that I do every year. Passing the budget is the most important thing that you as city council does as a body. It is the document that we as staff live on each year. It includes all of the projects that we'll be doing throughout the year, we'll throughout the next two years in this case. So I appreciate all the time and effort that's gone into preparing this budget from both the staff side and from the council side. And again, we thank you for all the participation throughout the year on making sure that this budget is responsible. The next four items, so items 7A, 7b, 7c, and 7d will all be presented in the next slides by our presenters in front of us. As you'll see, this is consolidated items for sequential review. So with that, I'm going to turn it over to our budget manager who will walk you through the next portion of our slides. A quarter billion dollars is no joke here. Yes, seems very different compared to personal budgets, doesn't it? Good evening. As city manager Martinez mentioned, you're going to be able to hear from a few of us because we do have several items in this presentation that really all go along with the budget, the budget, millevi, fee, and donation resolutions. So with that, I'm going to jump in and give you kind of an overview of the agenda. We'll start with a quick look at the budget, the budget process overview. You've seen this before. We just want to give you that brief reminder of where we're at in that long process. We'll then go into changes from the proposed budget, talk through the budget recommendation, and then touch on the Mill-Evy recommendation, the fee recommendation, the donations recommendation and then get to the council action requested. So starting with that budget process, you've obviously seen this and have been involved in this process, but just a reminder that city staff started this process way back in April of this year. We had many conversations over the next few months with both the public and our city departments as we really honed in what that budget recommendation would be. And then in August of this year at the Council Budget Forum, we did present to you the City Manager's recommended budget for both 2025 and 2026. We received your feedback and have been revising the budget throughout the month of September, which brings us to tonight, which is the public hearing and adoption for 2025 alone. Well, we do prepare those two budgets at a time, just a reminder that we buy charter only adopt one year at a time. So you will still see that shorter budget year next year starting in June, because we've done a lot of that legwork to actually adopt 2026, even though you've already seen that. I'm really getting into the meat of it, the changes from the proposed budget. I'm not going to go through all of the line items and everything that we talked through in August, because we went into so much detail at that time, all of that stuff remains, and these are just the items that have been changed since that time. First of which, being the big one that we talked about in August that would change is we got final market and benefits numbers, which simply take a little bit longer past that August date that we presented to you to finalize. Because we had done our best to kind of estimate what these would be and put in our best guess there. Our market numbers actually came in a little bit lower than what we'd estimated and our benefits numbers came in a little bit higher. So these items actually kind of canceled each other out and we were pretty close to on with our personnel numbers overall. But there was a slight change there. The next item is the Colorado Park dog park. This is based on council feedback from that August budget forum. We previously had this a little bit further out in our five year CIP, but the recommended budget before you tonight does pull it into 2025. So it can begin work starting next year. And the next item is actually the largest item that's changed. We had about a million dollars added between that proposed budget and now in grants. Thinking back two weeks ago when I presented our most recent amendment to the 2024 budget, we had a large amount for grants then. A lot of those are starting in 2024 and continuing in 2025 or a few more years for some of those. So the majority of these grants you heard about just a couple weeks ago, they're just continuing into 2025. The next item is also something that if you think back two weeks to that budget amendment, we addressed we had at that time planned in 2024 to have a transfer from our cemetery perpetual care fund into the cemetery fund and then we transferred the majority of that back to that perpetual care fund to cover the loan the cemetery fund took out. But if you'll remember there was about 30,000 dollars that we had transferred from interest earnings in the perpetual care fund that did not need to be transferred back to cover the loan. Those funds need to be spent on maintenance because they came from that perpetual care fund, so we added that in 2025 to be spent on maintenance of the cemetery. Looking down at that second line, the next item is our Bag V revenue projects. If you have ever gone to the grocery store and needed to use a bag that the grocery store provides in the last few years, you've probably paid that 10 cent fee per bag. Those fees end up being paid to the state who remits a portion of that to the city. Sorry, two cities in general. So we get a portion of that and it is restricted to be used specifically on projects that increase waste diversion. So talking through with our sustainability coordinator and looking at the fund balance that we've been able to grow over the last about two years collecting that fee from the state. We now have enough fund balance there to be able to provide for some of those projects that are in the sustainability plan that council adopted earlier this year that really addressed waste diversion. So we've added in about $100,000 for projects that do that. The next item is our adcom contract. This is a contract that we have every single year. Right before that proposed budget, we're doing our best test to make contract numbers, but sometimes those haven't come in just yet. This is one that just had a different amount for 2025 than we expected. So it was about a $46,000 difference that we added in to make sure that we have that correct amount for next year to pay. And the last item you'll see there is a water assistance increase. This is also not a new program, but as our utility billing team has been advertising this a little bit more, they've been seeing a higher demand now that people are more aware of it. And therefore we've increased that by about 25,000 by 25,000 next year and likely continuing on to address that increased demand. Just to look at the overall budget by types, you can see some of those trends that we're looking at for 2025. Just like the past couple of years, you'll see that the majority of our budget is capital outlay with 58% right now. That's due to a lot of the projects that over the past couple years have already been doing this. The MSC is going to have some final payments next year. Ridge Street widening will as well. And then the water treatment plant will not finish next year. We'll have quite a significant increase in spending now that construction is really picking up. So that's part of what's driving that. We also have a few new projects that are hitting that capital, especially in the parks and rec capital fund. That's the rec center expansion and that recsplex sports complex item that are quite large projects. As those start to complete, probably in about 2027, we'll see this actually go back to normal. We've really spent down a lot of the large fund balances that we've had across the board that have allowed us to have this increased capital outlay spending over the last few years. So eventually, this will go down, but we'll have a couple more years probably of that increase there. And the other thing I want to point out is that personnel services is really that second item, second largest item for us. It is, and likely always will be one of our largest items that is at the biggest portion of our general fund and always a very large portion of our budget as our city staff provide for all the programs and services that we provide. With that, I will be handing it over to Pierce Miller or management analysts to go through a few of the other resolution items. Good evening. Thank you, Catherine. So continuing on to the next item that we will go before you all tonight, which is the middle-levy resolution. So Council must set the middle-levy annually in order for property tax to be collected. We are once again asking that Council set the middle-levy at 6.65, which is where it has sat over the last two decades. This is expected to garner the city approximately 6,120,219 dollars in revenues for the 2025 budget. And now moving on into the 2025 fee resolution changes. I first do want to point out that we had an administrative error in the fee resolution. This is due to conflicting section of development impact fees on page 12 of the resolution in the packet. And we have actually provided an updated page for each of you. This update page simply removes the outdated fees and keeps the rest the same. So you can find that on the handout that we provided if you need any more explanation there. Hey Pierce, can I interrupt you real quick? Yes. Well this amendment be available to the public that choose to ask for it to. Yes. Okay. Yes sir. So just continuing to the slide, that choose to ask for it to. Yes. Okay. Yes, sir. So just continuing to the slide, you will certainly notice one of the changes and the main change here in the formatting of the fee resolution, this is of course due to ADA compliance. But the majority of the changes are going to see across the Recreation Center. And this is really simply because we looked at the prices based of across other recreation centers in the area and so that is what those changes are due to. Additionally though there are cost-delivered changes that were made in the city clerk's office due to updating our hourly rates for open records to match these states rates. And then you'll see under the consolidation of fees, changes to utility rates, impact fees, and marijuana fee. These all have previously been brought to you before. You've already proved marijuana and you have previously discussed impact fees. We are just simply consolidating these into the fee resolution. And I'm actually now bringing up our finance director Katrina Asher who's going to go a little bit further in detail on the utility rates. Thank you, Peer. I'm going to give IT just a second to bring up a separate slide deck. Thank you. So as Peer Pierce mentioned, there's been a consolidation of fees and when we're saying that, you may recall about a month ago, several weeks ago, Council approved an ordinance that moved fees, the impact fees, and also the utility rates out of code and into the fee resolution at that time. We said you'd be seeing them as part of this meeting and as part of this budget adoption. And so that's what we are here to discuss tonight. So those, again, are bringing those into one place, making them easier to locate, and then having them be approved as part of the same process you do for other fees. So there's some consistency there that's beneficial to that consolidation. Now, with regard to impact fees just briefly, as a recap on that, we presented those, actually, originally in March of 2023, came back to April this year and again in July of this year. So the impact fees section is newly drafted, reorganized, impoling in some fees that weren't previously in the resolution, but were in code instead. The fees that you're seeing in there are what we discussed in July. So following that same methodology that we discussed there, that was fairly recently, so I'm not going to go into a lot of detail there, but I wanted to just reflect that that was what we discussed at the study session in July. I do want to talk a bit more about utility rates, though, because utility rates were last discussed with Council in February, so it has been a little bit of time, and I wanted to recap a bit of what we discussed at that point, and then what you're seeing in the fee resolution. Again, this is an entirely new section of the fee resolution or new fees because they were all in code previously prior to the ordinance that was adopted several weeks ago. So when we last talked about fee utility rates again, that was in February. January in February, there was an ordinance that was passed by council at that time. But at that time, we had brought to you the results of our fee study that had been previously done. We looked at 2024 rates and then expected rates of projections for 2025. We also talked at that time with council about the methodology we would use for determining waste water rates now that the city is no longer processing its own wastewater and is using the services of other parties. So we'll talk about that in a few slides as well. First we'll talk about water rates. So in February when council approved the ordinance to 2445 which approved the water rates in April of this year, it also included the 2025 rates. So this has already been approved by council. We did update our rate study just to make sure everything was tracking as we expected and it is. So we're not requesting any changes to what was already approved. Again, simply just moving the rates into the fee resolution. Our next slide here is on wastewater rates. So again, this is where we changed our methodology for how we determine our rates and are really looking to our service providers for wastewater to see what they are charging because that directly affects our expenses as a wastewater fund. So if you live in the city of Brighton your wastewater is going to be treated or processed by either metro water recovery or the town of Lockbui. And so what we are what we discussed before and what we use to determine our rates is what those organizations increase to the charges that they apply to us. So in the case of Metro Water Recovery, their board approved a 10% rate increase this year that is available in their budget book to verify that. We do have representation again on both of those boards, but yeah, the Metro Water Recovery Rate Increase this year is 10%, which means what we pay to Metro is going to go up, therefore we need to pass that increase to the rate pair so that we have enough revenue to continue paying those bills. The catch up that is on there of an additional 3%, you may recall when we talked in February, this is a catch up in our Metro rates because for a period of time, the city lowered its rates by 8%, but Metro continued to increase theirs. So we're a bit behind the eight ball when it came to our rates on that side. So that 3% is accounting for the 9.5% that Metro raised at their rates over several years while ours were artificially reduced or temporarily reduced. So we expect one more catch up next year, and then after that, we would not need to apply that into the future. So what that means is that 13% increase to certain line items of the wastewater bill for Metro customers. On the LockBooie side, LockBooie's to a board met last month, they did not approve any rate increases at that time. So that means no significant changes to what we pay to the town of LockBooie for wastewater processing and therefore no changes to the rates we charge our customers that are serviced by LockBooey. So this next slide is one that our consultants, our rate consultants put together for us. They survey all of our neighboring communities to see what water actually, what total water and wastewater bills look like. So this is, it's interesting seeing kind of how some of these have changed, some of the entities that were maybe lower on this last year have moved up. We did try to incorporate as much as possible any organizations that had already approved their rate increases for 2025. Not all of them have, but there have been some that have been notable and have made the news lately with some some large rate increases. So if you'll see on there the asterisk is going to tell you if it is a approved rate the and the and the and the and the and the and the and the and the and the and the and the and the and the and the It does jump our bill just a little bit. We'll go through some sample bills shortly, but it doesn't move our position in relation to our neighbors, given where their rates are as well. So we are still below average for our area. Well, you're quickly confirmed. This is just water, not like storm drainage and all that stuff. This is water and wastewater. And actually, this does include storm drainage. This is total bill. All right, these next two slides are showing some sample bills to see what these rates would do to a typical customer. So this first slide is looking at winter usage when you don't typically have any sort of outdoor irrigation. We use 4,000 gallons a month. This kind of an average indoor usage. If you zero escape your lawn, this might be your summer usage as well. So those that are serviced by, actually before I go into that, the other thing you'll notice on here in the adjustments column is which line items are affected by these rate increases. Rate increases don't apply to every line item equally. So when we say 6% increase, that doesn't mean the whole bill goes up 6%, or 13% increase, that doesn't mean the whole bill goes up by that amount. So we put together these tables to help people understand what the actual effect will be on their bill in total. So for winter usage, a metro water recovery service customer could expect to see their bill go up by about $6 a month or 7.5% a user service by Lockbooe would see their bill go up by about $1.76 or 2.3% for winter usage. Per summer usage, again, 15,000 gallons. This is pretty typical of summer usage. It's actually a little higher end of typical usage for those that are watering their lawns in the summer. In that case, we'd be looking at a Metro Water Recovery customer bill going up by just under $10 or 6.8% in town of Locke, booey going up by about $5.5 or 4%. So that's how all of those increases shake out once you apply them to the various line items. So that's all I have to add on utilities. I'm going to hand this back to Pierce for the remainder of the budget presentation. Okay, thank you, Katrina. So continue on continuing to our next item, donations resolution. This is simply to establish public purpose of donations to the Brighton Legacy Foundation, Boys and Girls Club and almost home incorporated. And that is it for that slide. Now I'm going to bring it to the Council Action, which is requested of you tonight, which will be for the adoption of the 2024 budget resolution, the adoption of the Mill Levy resolution, the adoption of the fee resolution, and the adoption of the donations resolution. And with that, I will now turn it over to you, Mayor, for any questions that you may have for us. Well, thank you for the whole budget team for a very detailed presentation. Before I go to Council, this is also now the public comment period. If you have been interested to speak, I don't have anybody signed up to speak yet, but yeah, I've been interested to speak, three minutes and there are forms in the back to sign up and bring it over to the city clerk if you choose to speak. But like I said at this time, I don't have anybody signed up to speak. And then I wanna confirm with our city clerk, is there anybody that have commented digitally with maybe an email or some sort of online correspond that's related to the item? Thank you. And then this is where I would have asked staff if they want to add anything, but nobody else has commented, so it doesn't matter. Comments, questions from the council. Council member Johnston. Thank you mayor. So we voted on a 3% increase on that we were just shown as there been a vote individually on that. Which three if you were going to water it was 6% and that was what was voted on and approved by council at that time. And what about what we were just shown with a 3% what did you call it? The ketchup? Yeah, the ketchup. Instead of a raise, it's called a ketchup now. So have we voted on the 3% ketchup? You have not. The methodology was presented. And we can't legally take a vote about an entire budget with raising utility rates in most of the state. And I don't believe we can here either. So I'd like to get some, I'd like to make sure that we're clear about that before we go forward. The budget looks, the budget looks good other than there's a hidden 3% raise in metro rate onto the citizens. Once again, there's a way to do this that is ethical and moral to show the citizens. We are raising your rate here It's another way to do it is to hide it inside of a budget and say the rate is raised and call it a ketchup So I would love to have a unanimous vote in favor of this but I'm definitely a no vote if we're gonna add a 3% Metro ketchup into Our full budget. I think that's a back door way to do this, and it's pretty frustrating to see all of a sudden. And I saw this on Friday and didn't think we're actually gonna do this, and here we are. So if I could ask the city attorney, are we allowed to raise, or I'm not gonna raise rates on the citizens, but is the rest of council allowed to raise rates on water rates or utility rates on citizens through the middle of the budget and attach it without its own hearing city attorney called a room. Thank you mayor and councilmember Johnston. You actually have four votes to take tonight so the budget is a separate vote from the property tax levy which is a separate vote from the public purpose and a separate vote from the property tax levy, which is a separate vote from the public purpose and a separate vote from the fee resolution. So you have four votes to take. If that wasn't made clear, I apologize, but you will need to make motions on each and vote on each. If it pleases you, Mayor. Go ahead. Yeah, then when we're going to adopt the fee resolution, is that where other members of council are going to raise the rates to 3% more? City Attorney Calderon, if it pleases you, Mayor. Certainly, Mayor. If you'd like to. Please, please do. I'm not sure what your objections are on that. Judge Claire Fyfe is the upcoming 7D that will be right now. So I'm going to be going to be going to be going to be going to be going to be going to be going to be going to be going to be going to be going to be going to be going to be going to be going to be going to be going to be going to be going to be going to be be talking about some things that were previously approved. I'm not quite sure what your objections are on that. Just clarify if it's the upcoming 7D that will be voting on. Okay, so everyone's clear. And so we'll only think red and the record is 7A at this time. And so we can vote on the other three out of the four without raising water rates or utility rates on the rest of the citizens. Great, thank you very much. Thanks for clarifying. Next, Council Member Green. Thank you, Mayor. This is just a clarifying question for me. Are those the only three organizations we can donate to then through this donation resolution or? No. So as a municipality, we are not able to provide donations unless we can, we say that these organizations do provide a public purpose. What we put in that resolution are the items that you do provide donations to each year. You have some additional budget to provide additional donations, but they're usually one-off. It depends on the year on which organizations you donate to. So we may need another ordinance in the future. I would defer to the city attorney at that time if we need to bring it. And we're happy to do it at that time, but at this time, those are the only ones that we do annually. Right. I guess that might be covered with other as needed or as assigned, you know, we can't just those three then. Okay. There's four total. Yeah, sorry to clarify. Our slide was missing. The last one, I believe, it was Colorado legal services. We forgot to put it on the slide, but there were four on there. Yes. Okay, well, only so three. Yeah, those are. Thank you. Any other comment or questions in this item? Well will be voting on coming up is related to 7 a councilmember Snyder Yeah, I'd like to clarify what is it that we I do know that we discuss the 3% adjustment in the metro waste in a study session. I remember clearly, but what is the process that we need to go through that we're missing? I don't understand quite what we're missing there that we wouldn't be able to vote on that today. Can someone help answer this for Council Member Snider? Maybe our attorney could tell me. City Attorney Culderome. Thank you, thank you Mayor. I don't believe anything is missing. They are separate items and it is before you for a vote. I'm not clear what Council Member Johnston finds to be missing but I don't find anything to be missing. Okay. Councilmember Johnston finds to be missing, but I don't find anything to be missing. Okay. Councilmember Johnston. Thank you, Mayor. It was moved from a resolution on its own into the budget. And so it can be attached to the same presentation. So that's where there could be confusion. So I just want to make sure it's taken as a vote on its own and not tied in with the budget vote. I want to be very clear about that. Meaning the fee resolution. Yeah, what was moved on to make this D, correct? 70. Yeah, this was added on instead of just being a resolution on its own onto here, right where we're doing the budget. It's still a resolution. Yeah, it's still its own resolution. The only thing we'll be voting on coming up after the public hearing is closed is the budget, the quarter billion dollars that was written to the record. So if there's no other comment, I will close the public hearing and this item is before council for consideration. Mayor Pro Tem. Thank you. I will move item 7a which is the budget itself. All right. There's a motion for 7a Councilmember Poloski. Thank you, Mayor. I'd like to second that motion. Thank you, Mayor. Thank you, Mayor. Thank you. Thank you, Mayor. Thank you, Mayor. Thank you. Thank you, Mayor. Thank you. Thank you, Mayor. Thank you. Thank you, Mayor. Thank you, Mayor. Thank you, Mayor. Thank you, Mayor. So the next item, item 7B, a resolution of the City Council of the City of Brighton, Colorado, Levin General Property Taxes for the year 2025 to help defray the costs of government for the City of Brighton, Colorado, and setting the mill levy at 6.65 mills for the 2025 budget year. And I'll add that is not changed from the last 20 years. So, so you know, city manager Martinez, is there anything in addition to present on this? We have presented what we've needed to present on the item. So staff's available for questions. Mayor Broughton. Repeating the comment again, the property, the mill levy is not changing at all and has not changed the report. The property is not changing at all and has not changed for a long time. So I move seven B. Councillor Member Green. No inflation here. I'll second that motion. First and second to approve seven B. I'll also comment that city surrounding us have a much higher mill levy on their property taxes and ours has been at this low reasonable level for less than a couple decades. So, recall though, motion passes 8 to 0 with one absence. And item seven, see a resolution of the city council of the city, Brighton Colorado approved in the distribution of funds authorized in the 2025 budget and finding a public purpose for use of those funds. City Manager Martinez, any additional presentation here? None, thank you. All right, this is before council for consideration C7C councilmember today. Oh, thank you mayor. I'll move 7C And then councilmember blowski. Thank you mayor. I'd like to second that motion We have a first and second to approve 7C. There's no other discussion, recall vote. Motion passes 8-0 with one absence. Absent. And then item 7-D, hold on. Let me pull it up. It was 10 10A before. A resolution of the City Council of the City of Brighton, Colorado, setting for certain fees and charges assessed by the City of Brighton effective January 1, 2025. City Manager Martinez, anything in addition to discuss? Nothing additional, we're happy to answer any questions related to this, thank you. We're happy to answer any questions related to this. Thank you. There's no other discussion. This is before council. Councilmember Padilla. Or Mayor Pro Tempidilla. Thank you. I'll move item 7D, the fee resolution. Councilmember Tadeo. Thank you, Mayor. I'll second that. We have a first and second approved 7D formerly 10A. There's no other discussion. Roll call vote. Oh, Ward one did not come through here. Right. Motion passes 6 to two and one absent. All right, thank you to the budget team for presenting. Next item eight A and ordinance of the City Council of the City Brighton Colorado Granting a perpetual executive easement to public service company of Colorado over a portion of real property generally located in the South East quarter of section 34 Township 1 North range 66 west of the sixth principal meridian and authorizing the city manager to execute said easement on behalf of the city city manager Martinez. Thank you mayor. So this item and the next item are both related to the same presentation that you'll get for the first item and with that I will turn it over to Kyle Sylvester our assistant director of parks and open space. Good afternoon mayor mayor pro-z on Members of Council. Thanks for having me tonight. Here to speak on the Excel easement agreement proposal. So the homestead open space is located on the north side of baseline road between 48 and 50th. The city of Brighton previously granted an easement to Excel on October 16, 2012, many years ago, located at that property. And then they re-did it back in September of 2023, as they need to expand to basically comply with federal regulations. Excel Energy is requesting two additional easements this year, adjacent to that parcel. An exclusive easement agreement of 374 square feet of the northwest corner of the original granted easement property. The proposed exclusive agreement does not conflict with other easements in that area. A non-exclusive agreement, easement agreement of 3916 square feet west of the original granted easement property. And this is what those look like. Well, this is the location I should say first right here. This is a 50th right here. So it's just that little footprint right there. So the exclusive agreement, easement is right here on that corner. Kyle? Yes. I need to interrupt you. There was a mistake made. Not anything to do with your presentation. Oh good. But earlier, we made a vote before I realized there was one person that signed up to speak on a previous item. So I'm going to put you on pause. Sounds good. Thank you. And allow this person to speak. I know we voted, and I apologize, but Morgan Cullen came here to speak. He came from the HBA and we'll allow him his three minutes. Come on up Morgan. Thank you Mayor, no offense take. Appreciate it guys. Good evening, my name is Morgan Cullen. I'm here on behalf of the Home Builders Association in Metro Denver and the 500 builders, developers and construction trade businesses that our organization represents. All of my comments this evening are consistent with letters that we have submitted both back in May last spring and then a follow-up letter just earlier this month. Thank you, Mayor Mills and members of the Brighton City Council. We have, the HB has reached out repeatedly this year to Council requesting a staff meeting to go over the Propheals fee study and the underlying methodology to get a better understanding of the fee structure and the city's justification for such a significant increase. We think that a meeting would have been particularly helpful to staff to get a better understanding of the current market demand and challenges within the home building industry in order to make a more thoughtful recommendation about how best to move forward. Active production builders in Brighton, like Lenar, Richmond, Taylor Morrison, Meritage are all active in other jurisdictions that could have provided some insight about how best to implement the new fee structure while not unnecessarily disrupting the current market conditions. For example, based on the proposal brought forward from staff last spring and earlier this fall. It appears that the city is prepared to move forward with the 35% increase in impact fees in 2025 followed up by another 29% in 2026. While we do appreciate the city's willingness to refrain from increasing these fees all at once, we were disappointed. Council did not consider a three year implementation plan consistent with your consultants recommendations to allow the industry to absorb such a significant increase over a long period of time. As you are keenly aware, the additional costs, especially if increased all at once, will make the cost of home ownership unattainable for many aspiring residents of moderate incomes. We do have priced out estimates that I included in our letter that just show a $1,000 increase in the cost of a median priced home We'll further price out an additional 2300 color rodents It is important to note that the costs associated with the city's proposed fee increases Get added to the number of other related financial burdens already directly impacting aspiring homeowners These include lumber concrete paint, and gypsum. Building costs are already extremely expensive and are projected to remain high for the foreseeable future. Furthermore, housing attainability across the front range only becomes more elusive given our recent environment for higher interest rates coupled with inflation. And in conclusion, I just wanna encourage the city of Brighton to carefully take these points into consideration and work with industry partners going forward on all residential fees. And we would like to see Council increase, consider a phased infrastructure for this particular fee structure for three years to allow the industry more time to absorb and adapt to these significant increases. Thanks for your consideration, and happy to take any questions if you guys have them. Thank you, Morgan, for coming up here and again, I apologize for not bringing it up before the action was taken. It was not intentional. When we moved this item to another position on the agenda, kind of threw it off here. And so again, we apologize for that. Does anybody have any comment to that? Okay. Councilmember Johnston. Another reason I voted no. Okay. Thank you. Kyle Sylvester, you may proceed. Thank you mayor appreciate that. So back to the exclusive agreement. Easement, this is the property right there, just that little corner. And then the non-exclusive easement agreement is this bigger chunk right there on that side. And so just a quick background of the staff negotiated with the terms proposed in the easement and recommends that the city council approve the proposed easement expansion. Again, I want to thank the city attorney's office for helping us out with that. It was quite the process. Mitch Houth is here from Excel Energy. He helped us out quite a bit to get that all through as well. And really happy with what we came up with, I believe. So your options for City Council are accept a proposal ordinance request or reject a proposed ordinance request and a collegial voting on each one separately. With that, I'll answer any questions. Thank you, Kyle. Sorry, also for the disruption. Mayor Pro Tem. Thank you. I have what is admittedly a stupid question, but I see that the actions to be taken are easements for public service company of Colorado. And I didn't realize that that was still the entity. I thought that Excel was the entity. Is the entity for the easement still public service company? Mr. Anson, I think that's the legal name. If you can come up with the mics, because there's people online that won't hear you from there. And then you can clarify the position. I'm then to ask earlier about what could be the idea that didn't help me over the weekend. Yeah, Mitch Houth here with West from the State's Land Services. I'm a right away consultant of working with Excel Energy. Yeah, public service is the entity that acquires the assets. Excel Energy is the doing business as name, kind of the PR of public service. Okay. I remember that was a start. My expunity is supposed to not become cast or Spectrum is not supposed to be charter. Okay. Thank you. Number of doing business as out there Any other questions if not this is before council for consideration All right may it be a dim I will move item 8A. And then count some number worth. Thank you Mayor. I'll second that. There's a first and second to prove 8a. There's no other discussion. Rokalbo. Motion passes 7 to 1 and 1 absent. And then next is item 8a or 8b. And our ordinance of the city council of the city of Brighton, Colorado, granting a potential non-exclusive easement to public service company of Colorado over a portion of rural property located or generally located in the southeast quarter of section 34 Township one north range 66 west of the sixth principal meridian and authorizing the city manager to execute said easement on behalf of the city city manager Martinez thank you mayor our assistant director presented this item as well on his presentation he's available for questions. Any additional questions for our presenter? If not, this is before you for consideration. Council member Worth. Thank you, Mayor. I move 8B. Thank you. And then council member Polowski. I would second that motion. There's a first and second to prove item 8b and if there's no other questions, we'll call the... Motion passes 7 to 1 and 1 absent. We're going to go ahead and take room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. There we go. We're back from recess. There we go. We're back from recess. The next item on our agenda is item 10B. A resolution of the city council of the city of Brighton, Colorado, emending the development agreement for the Brighton Crossing filing number six subdivision, consisting of approximately 63.821 acres of land, generally located at the northeast corner of the intersection of South 40th Avenue in southern street, south of the Fire Station 52 and west of Mount Albert Street, more particularly located in the Northwest quarter of section 10, Township 1 South, range 66 west of the 6th principal meridian, city of Brighton County of Adams, state of Colorado, authorizing the mayor to execute the development agreement amendment on behalf of the city and setting forth other details related there too. City manager Martinez. Thank you mayor for this presentation. I'm going to be able to introduce the details related there too. City manager Martinez. Thank you mayor. For this presentation I would like to introduce Nick DiMario, senior planner. But before Nick speaks, if he does look a little disheveled and concerned tonight, it's because he just got married recently. Congratulations. Thank you. And he's still employer of the year. We got a new one coming up, we'll see. Good evening, Mayor, Mayor Pro Tem and members of City Council. Thank you for the congratulations as well. My name is Nick Demario. I'm a senior planner here with the City of Brighton. And tonight I will be presenting the first amendment to the Brighton Crossing Filing No. 6 Development Agreement. The subject property commonly referred to as and crossing, filing number six development agreement. The subject property commonly referred to as Brighton Crossing, filing number six is located at the northeast corner of the intersection of South 40th Avenue and Southern Street, South of Fire Station 52, and west of Mount Elbert Street. Moving into the purpose of this application, and I'm gonna throw a lot of information at you here. The original agreement approved by Council in August of 2023. Any desired amendments to the original agreement must be reviewed and approved by City Council. In this situation, the Brighton Crossing filing number six development agreement included the obligation to design and construct an in-term condition northbound right turn lane at the intersection of south 40th Avenue and East Bridge Street. On the other hand, the Bridge Street widening project, sorry, the Bridge Street widening project included the construction of the same turn lane but to its full condition. In fact, the Britishry wide and project plan, Britishry wide and project plans to construct the remainder of the northbound 40th to its full condition. This presents a situation where if the applicant were to move forward with the interim condition turn lane as required by the original development agreement, the city would close the road and remove the turn lane in order to construct the intersection per the bridge street widening construction plans. After meeting with the applicant, it was determined that the most efficient route forward is to remove this obligation from the development agreement with the stipulation that the applicant provide a cash and lieu to the city equal to their pro-radish share for the turn lane improvements. That being said, the request is to amend the existing Brighton Crossing filing number six development agreement to allow for a cash and lieu to be provided to the city and lieu the design and construction of the interim northbound right turn lane at the intersection of south 40th Avenue and East Bridge Street. Moving into some background on the property as mentioned the final plat accompanied by the development agreement was approved in August of 2023. The development agreement details development obligations that are required of the applicant. Some of these obligations include the construction of external and internal roadways, construction of storm water ponds, and the construction of open spaces. Next, I'll be going over some of the development obligations that are related to tonight's request. As it heads up, the following slides do not contain all the development obligations, rather the ones that share commonality with the amended turnling obligation. As mentioned, the original development agreement was approved alongside the plat in August of 2023. The agreement includes the requirement to design and construct the East half of the South 40th Avenue adjacent to the property. Additionally, the development agreement requires a design and construction of an interim northbound right turn line at the intersection of south 40th in the bridge street. As mentioned, tonight's request is to amend the original development agreement to allow the applicant to provide a cash and loop payment to the city and lieu of the design and construction of the northbound right turn lane. Following that, the Bridge Street widening project will be completing the remainder of the section of roadway to its final condition. In summary, the first amendment to the Brighton Crossing filing number six development agreement maintains a requirement to dedicate and construct the Eastern one half of South Fortieth Avenue adjacent to the property. It will require a cash and lieu in the amount of $142,652.70 to be provided to the city and lieu of the design and construction of an interim right turn lane. All other provisions of the original Brighton Crossing File Number 6 development agreement, not specifically amended via this request, shall remain in full force and effect. Although not required, staff posted notice for this meeting on the city's website and various social media platforms on September 30th. Landing staff has not received any formal comments in advance of this hearing. The development review committee has reviewed this proposal and recommends approval. As such, staff recommends approval of the first amendment to the Brighton Crossing and Folly number six development agreement. The options for city council before you on the screen. the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the motion to be in the for your presentation. If questions from the council, council member green. Thank you, Mr. DiMario. Remember that Easter half of South 40th be open. Councilman, thank you for the question. For that, I would like to defer to the Assistant Director Public Works, Chris from Montoya. If you'd like to come up and speak on that. Mr. Montoya, welcome. It looks done. Good evening mayor. Mayor Pochette, members of council. To answer your question Mr. Green, it will depend with the construction of Britishry. So that you have this section, they already constructed. In order to make it traversable all the way through, we need to construct the remaining balance. That work we have taken and we're assigned to our contractor, branding construction. They have some underground utility to work, complete on 40th, after they complete that work, they need to be open. So several months. Several months. Okay, I'm going to hold you there. Weather pending. Thank you. Weather's been mild. We are going into winter. I will remind you. Yes. We'll see. Slower than normal for sure. Any other questions from the council? If not, if not, this is before council for consideration. Council member Green. I move to approve item, is it 10B? It is 10B. Then that's what I move to approve. Okay. Council member, today, oh. Thank you, Mayor, I'll second that. There's a first and second approved item 10B. There's no other discussion. We'll call though Motion passes 8-0 one absent Thank you for your time next is item 10c a resolution of the city council of the city of Brighton, Colorado, accepting the proposal of communication, construction, and engineering incorporated and approving the procurement of the fiber optic cable installation project for contract amount of $633,058 and authorizing the city manager or designee to execute the contract and authorizing the city manager or does it need to execute the contract on behalf of the city. City manager Martinez, please introduce our presenter. Thank you Mayor, presenting this item is our director of IT, Chris Nevis. Good evening, Mayor, Mayor Pro Tem, Council, Chris Nevis, city IT director. This resolution deals with IT staff has multiple projects that require underground conduit and fiber optic cable construction to connect city infrastructure through the city's traffic, data, and telecommunications network. I'm going to go to the well. We should call the IT director for help. New to the the clicker. Is it not clicking for me? the process. The staff are informed of formal solicitation advertised through bid net direct for 11 fiber construction projects. The solicitation resulted in six emissions to which have been deemed responsive. Staff intends to move forward with six of the 11 projects with existing appropriated capital budget in 2024. The staff recommendation on this item is to accept bid one submitted by communication construction engineering incorporated as this bid has been deemed the most responsive and responsible of those received. It is in the amount of $633,058. The contractor's past performance with the city has been satisfactory and the bid demonstrates the contractor's extensive experience with work of similar nature. Just for your reference, I called out the six projects out of the 11 that we pulled out and that are covered under the appropriated budget. The five of these are traffic projects and also the last one is our municipal service center, which is part of the city network. At this time that concludes IT's presentation. If anyone has any questions, my staff are myself. We'll be happy to answer them. Thank you for your presentation. We'll go to questions from the council. Council member Green. Thank you. You mentioned it. Sixth of the 11 was there no bid that offered for the entire 11? Yes, we have multiple, we actually have more than 11 projects. And this one we put out 11, a lot of the cost fluctuates. So we wanted to get budget numbers for all 11 projects. We only had so much appropriated budget though. So we're able to do six priority projects this year and we'll have budget numbers for next year if we want to pursue those other five projects. And what are the other five? Sorry. Yeah, no worries. I have that for you. The other five projects are 27th and southern is our project four. Our project six is 120th and Southgate. Our project seven is 136th in Sable. Our project nine is the Sable Cardor. Our project 10 is the 4th Cardor. And that makes up the five. We also have a map that we can present. Kyle, I believe you can pull it up, is our fiber map of segments that we have yet to complete, but we have on our wish list and have prioritized. So you're comfortable not doing those five right now? Yes, the main priority right now are the traffic signals to get the traffic signals up and also the MSC obviously we need to get that online to bring it online here in the end of December. Okay, thank you. Yeah, no problem. All right, any other questions and comment from the council if not this is before you for consideration. And it looks like we're here. Oh, there we go. Councilmember Poloski. Thank you, Mayor. I would. Is it 10 B? 10 C. 10 C. I'm sorry. I'd like to move for item 10 C. Thank you. And then councilmember Worth. Thank you, Mayor. I second that. We have a first and second to approve ten C if there's no other discussion. Roll call though. Motion passes eight to zero with one absent. Thank you, Council. Thank you. Go on to Utilities Discussion, item 11-A. A resolution of the City Council of the City of Brighton Colorado, accepting the proposal of HPM Incorporated and approving the procurement of Lutz Reservoir, pump station construction project number 24-008628 with a contract amount of 11 million and 34,000 in, 11 million, 34,000 and $43 and authorizing the city manager or designate to execute the contract on behalf of the city City manager Martinez Thank you mayor presenting the side of tonight is our utilities director Scott also Mr. Olson Good evening mayor mayor pro-tem and members of city council. Thank you city manager Martinez the item before you this evening is the Let's Reservoir Construction Services Award. Drew Hueskin, our senior utility engineer and also the project manager for this is with us this evening. I would just like to thank him for his work on this project. So I will provide some Maybe. If we could Mayor just have one second. No problem. Looks like they're working out an issue. Just take a quick pause. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. Scott, it's up now. Thank you. Sorry about that. Looks like we now have it. So I'll provide some background on this item, present the solicitation results, and then provide staff's recommendation. I'll then turn it over to you all to answer any questions if you have any. So on the screen now is the LUTS service area. The service area encompasses just over 2,000 acres. And about a quarter of that is planned to be irrigated area. And within the service area, the average irrigation demand is about 2 million gallons per day. Just some background on the project. Back in 2002, we awarded the design for this project to J.R. Engineering. City staff and J.R. worked collaboratively to determine the appropriate service area that lets us serve. After we determined that overall service area, we broke it down into several different phases based on development timing assumptions. And then we moved into system hydraulics where we made sure that the pump station would have adequate capacity to be able to serve this 2000 acre service area. So let's, reservoir, we'll have a significant impact on reducing the peak water demand that we see for the city. If you recall from the other day, the peak demand that we have seen so far is, I believe, 13.182 million gallons per day. Much of that peak demand that we see every summer is due to irrigation. So basically, this would be working to shave off some of that peak. Staff previously presented an update on this project to you back on June 25th of 2024 at that study session. And as we noted during that presentation, the next step in the process would be to award construction services. So the Construction Services Award was broken down into three different bid schedules. The first was the pump station itself and this is going to be the actual physical pumps that pump water out into the system. It was broken next into the non-podable transmission main. That's going to be the underground pipeline that carries the water from the pump station out to the service area. And then lastly, we also work collaboratively with Parks and Recreation to design a parking lot and some on-site trail connections. So when we open this area up to the public. So this project was formally solicitated on BidNet Direct. We received seven submissions. Six of those were deemed to be responsive. The dollar amounts that we received are on the right side of the screen there. I do want to note that for that response number six there, not all of the respondents were required to submit on every one of the bid schedules, so they did only respond to one of the bid schedules. The others did respond to all three of them. So that's the big difference in price there. Staff's recommendation is to approve the resolution accepting the bid and awarding the contract to HPM Inc. as the lowest, most responsive and responsible bidder on the project. And with that, I will take any questions that you have. Anybody have any questions for Mr. Olson? Mayor Putem? Council member today, I would like a dog park. Well, that was in the budget earlier. Another one here at Lotspresso. Council member Snyder. Thank you Mayor Scott. I don't know if you have the answer to I have two questions. Do you know how many acres the actual reservoir will be and how much water it will hold? So the the surface area is about 40 acres if I recall correctly and the amount of storage that it has as I want to say 140 something acre feet storage. Let's see council member green. Thank you. Oh, which of the three bid schedules is this going to be responsive to ours at all three of them that is going to be covered by this bit. Correct. It would be all three of them. Correct. No, this is all three of them. Thank you. Any other questions for the council? Councilmember Snayer? Oh. Just in lawyer hand. All right, this is before you for consideration council member Green. Think Mayor I approve item 11a. Make a motion do you mean? I'm motion to approve item 11a it's correct sir but I do approve. Council member today I approve that motion and I'd like to second it. There's a first and second to approve. Item 11A if there's we're getting punchy tonight. There's no other discussion. We'll call though. Motion passes 8-0 in one absent. Thank you very much. Thank you. Thank you. Motion passes 8 to 0 in one absent. Thank you very much. Thank you. Next general bus and side in 12 a resolution of the city council. The city of Brighton. Colorado in support of ballot measure 1 a the Adams County affordable housing temporary tax increase of 0.15%. I'm going to push this over to Mayor Pro Tempatia. Thank you, our presenter for this this evening has asked us to move this to be a conversation at our study session next week instead of looking for a resolution tonight. So I'm going to ask to table this item and create or cancel this item and instead make it a study session item next week. I suppose effectively we'll simply not have a resolution for tonight and we'll add an item to next week's agenda. That sounds like the appropriate place to discuss this. Anybody have any, any add? Okay. We'll talk about this at the study session next week. Next, 12B, Highway 7 construction discussion. So I asked to have a quick discussion on this. I was on a meeting with the ad cog sub regional committee last week. And that's a committee that talks a lot about the upcoming projects that are proposed for road improvements throughout the area. And they allowed C.DOT to provide a presentation of what's going on in the area and the region. And when C.DOT talked, one of their items they discussed was, and there's many items, but one of the items they discussed was Highway 7 out west of Brighton. And they indicated that they have paused construction because they're concerned that temperatures are going to get below the levels where they can actually pave. And that really ruffled myeth feathers because this has been an extremely mild October. We haven't had temperatures below 40 degrees, which is really the threshold they're looking for to actually do some paving and they've been doing night night work so that's why they're concerned about the temperature. So I chimed in and I said look we've had these extremely mild conditions. We have a dip below 40 degrees at all to my knowledge at least my house I don't think is dip below 40 degrees. I don't know about the areas outside of the urban areas, but anyway, they really provided me some pretty weak responses as to why they're doing this. And as everybody knows, when you're going towards the roundabout, so you wanna go west on Highway 7, there's a sign that actually says that this project is scheduled for, I think it was August or September, till December of 24. So if they're that concerned about temperatures dropping below 40 degrees at night, why did they schedule this construction to go into what would be the beginning of winter. So I'm going to propose we ask staff to draft a letter of concern to CeeDOT. I've also asked Mayor Coleman and Thornton to get with her council and I think she'll get the support tonight as well to have a maybe a letter either together or maybe two different drafts. I don't know how we're going to handle that. But we want to express our concern to CIDOT. They are not fulfilling the commitment that they put to the people to get that project going and done. We've been dealing with potholes there for quite a while, at least a couple years, maybe more. And so I want to have, like I said, staff to draft a letter with concern to see how we can handle this. So does anybody have any, anything to add to this discussion? Council member Green. Thank you, Mayor. I guess my concern is is that if we draft this letter and threaten drafts this letter and they move ahead with it and against what they say they recommend to do, are we going to create another bad? I was seven full of potholes because of they were forced to do it when they recommended to not do it that. Again, that might have been the problem of why it's been so bad for so long is that we forced their hand or they did their construction when it wasn't basically the prime conditions. Again, I'm not a road construction expert, but again, I want this road to be fixed well, not just fixed. And so I know they're not doing it well and they're not doing it fast. But again, my concern is that I don't want another bad job. I wanted to be done right so that it will last more than a year. So that's my only concern. And that's a great concern. And I'm not none of us are engineers up here. But why would they why would they promise to the residents that they're going to have this project go tell December 24 and then obviously we have temperatures usually double-o-forty by about this point so I just want to make sure they know that we we're highly disappointed that they pulled the project at the end of September when the last four weeks we've had mild temperatures. So, Councilmember Johnston. Please, you, I like to make a motion. Okay, I like to make a motion that city staff writes a draft letter, an inquisitive draft letter about why this is happening, why it stopped and when the construction will continue. Okay, so the motion to support a letter? Mayor Prattam. I would second that motion. And then I think Councilmember Snyder had his hand up as well. I'd second that motion too, I agree. This is really, they started in the middle, which was bad. I mean, that part of the road was bad, but it's not near as bad as the rest of the road coming into Brighton. And this is ridiculous. They can lay asphalt right now. So I would just, I'm a yes vote for that. I would have seconded if I had to chance. And even if they had to move to daytime work, you know, I would love that. Councilmember Johnston. Yeah, just a comment on that. I think that Councilmember Green brings up a great point. And I feel like our mayor was kind of blown off in that meeting. And I've heard that you were and you don't deserve that. And I feel like there's been disrespect from C.Dot to the city of Brighton for a very long time. And this is just another case of it and so I hope we come with some fervor with that letter and I guarantee you not guarantee you but I have a very good feeling from Thornton and that City Council is going to feel the same way so well done Mr. Mayor thanks. Thank you. If there's no other discussion roll call vote. Motion passes 8-0 so we ask staff to draft a letter. City manager Martinez, any other comment? Happy to draft a letter and as mentioned, I think more so than anything, it's about the messaging. We've been told that a project would be at least going through a certain amount of time and our residents expect that. So I think we're all kind of blindsided by the fact that they just demobilized and moved out overnight. I will say that our staff did have an opportunity to reach out to C.Dot staff to try to figure out why that happened. And of course they got the same response, which is the conditions are an ideal, especially since they're doing construction at night, to continue the project. However, I don't know about you all, but I believe that the weather has stayed the same pretty much from October through December every year. I've been here in Colorado. So I don't know if I buy the fact that they've not planned for that, but anyway, based on your actions night, we will have letter drafted and I will work with the interim city manager in Thornton to move that forward. Thank you. So remember Johnson, your hand to still up? Is that from earlier? Okay. All right, let's move on guys. Next, reports. Yeah, reports, reports by the mayor. I got a few things to share. I was part of the CMO policy committee this week or this last week on Saturday and there are three different drafts that are going to be proposed. One, North Glenn did a presentation on and this is titled, a placement of sex offenders in residential facilities. So if anybody's paid attention to the headlines over the past year, they've had a kind of like a halfway-out situation go up near where children are, like near a school, near children's entertainment, and near churches, and that was put together by a state entity. And they're asking the state legislature to draft a revisement. So something like that doesn't happen again where there are very close proximity to where children would be. And so that measure passed unanimously with the policy committee. There's also a proposal to do some modifications to some bills that had been done in the past. There's one bill that was passed back in 2019 about modifications to no monetary bail. And so the city of Delta is asking to make some revisements, revisements on the PR bonds that happen, and revisements to the penalties for low level offenses, like the cases when you still a car, and it's below, I think, three grand, or something like that, people are not being charged for a felony, they're asking for revisements like that. People are not being charged for a felony. They're asking for revisements to that. And so that passed with the committee as well. And I'm not going to go into everything in here, but I mean, those are kind of the highlights that we're going to see coming up with this new legislature that'll go into session coming up this January. And then last week, I was invited to be on the Biz West CEO roundtable. So I went to that. I wasn't sure what to expect, but when they asked me what's going on in Brighton, I just shared things like we have the leadership academy that helps retain employees and has saved over a million dollars in our budget. And so it's kind of like a brag about Brighton in a lot of ways. So I had my metronomeyer caucus a couple weeks ago. Dr. Cog got a special meeting also to make a decision if we want to support the RTD ballot measure that did pass. I welcome the civic academy participants that started a couple weeks ago in their meeting every Thursday. I think if I remember right, we have a couple participants here and one on the dice. I went to the Republic Services Electric Vehicle Open House and they showed off some of their electric garbage trucks in how they work. I think another city in the area has a contract with them to do their pickup services, their garbage pickup services with specifically with the electric vehicles. Last week I was along with a council member worth. I listened to a ballot briefing that AC RIP presented on what's not that people running on the ballot, but like the ballot measures. And so I expressed a few concerns with some of the ballot measures there. Add Cogs of Regional Forum, I already told you about that and what happened with when C.Dott presented. What to the Adams County SCFD award president award celebration last week and the Metro Denver site selection celebration and I got to tour the new North Glenn City Hall with I had a breakfast with the mayor They had just this past Saturday morning, so they have a nice new city hall they were showing off and I Still think our city hall is better And then earlier today I was able to attend the funeral of former Mayor Dick McLean. And most of us know he passed away a few days ago. And it was a great individual and he served our community very well. He will be very much missed. And that is all I'm going to report for now. Reports by our department directors. We have none this evening. Thank you. Okay. Reports by our city attorney. Nothing. Thank you, Mayor. All right. Reports by our city manager. Thank you, Mayor. A bit of bad news to share. I learned today that retired sergeant Keenan Waters passed away earlier this morning. A 25-year veteran of our police service. Keenan had been battling cancer for quite some time, so it's definitely a difficult day in Brighton, and we've had to bury one of our premier mayors and losing one of our police officers in the same day. But my prayers go out to Keenan's family. I will pass on information about his services when I have them, but keep his family in your prayers. Additional bad news are big lots is closing. So our big lots will be it's on the list of closures is you know big lots is in bankruptcy. They put out a list of closures and unfortunately our big lots made the list. That will be something that will happen probably in third quarter of next year. So keep your eyes out on that. But the 26,000 square foot space, there's not a lot of those available right now in our area. So I don't think we'll be hard pressed to find somebody to go in that building. But if you love big lots, get in there and shop away because they're going away. But in good news, our raising canes will be opening early. They're ahead of schedule, so many of you received an invitation today. All of you should have received an invitation today for the grand opening. And I hope you can make that where we're excited that they're ahead of schedule. And I mentioned this earlier today. I'm going to have to lose weight more weight now so I can start eating cane because my family loves that. So, and then finally I'll just mention that Mayor McLean was the first mayor that I got to work with. I started in May and a week after I started I was fortunate to go to the International Conference of Shopping Centers conference in Vegas with the mayor. And I will say that nobody does Vegas or nobody did Vegas like Mayor McClean. He was a last to go to bed, the first to get up, and that man would walk 10, 20 miles a day, and he would walk faster than any person I've ever seen in my entire life. But he was the embodiment of class. He definitely represented Brighton well everywhere he went. Sometimes he bragged about Brighton a little too much. There was a joke he said about another community in very large forum one time. I won't share that but his sense of humor was second to none. He will definitely be missed and I definitely I think we're all better for the service of Mayor McLean. So thank you. Definitely a mixed bag. Thank you for your report. Next we'll go to reports by our city council. Let's start the middle. I think the last time I went this way, so I'm going to go this way. Go to councilmember Johnston. Nothing to report. Okay. Councilmember Snyder. I'll let Lloyd do the report on the youth commission, but I would just like to say I spent the day last Saturday up the YMCA and I am just so impressedics Academy and you guys are doing a fantastic job. They put a really nice program together. It's very informative. And I would like to really say that I appreciate the fact that they started six o'clock and they said it would end at eight o'clock and they do their best to end at eight o'clock. And I've talked to several of the people that are attending and they appreciate that as well. So at any rate, thank you very much. It's I'm enjoying it immensely and I know that it's going to be a wonderful recruiting opportunity for our commissions that we need people on. So thanks for putting that on. Great. Thanks for your report. Mayor Prattin. Thank you. I want to start with the Saturday event that was the Japanese Cultural Festival. This was a partnership with the Chamber, the Brighton Japanese American Association, and really a great contribution by our city museum staff and volunteers. Really a cool event had some traditional dances, had the take-out drummers, had food, it was just really a need event, a great opportunity to understand one of the major contributing cultures to the City of Brighton, so a fantastic event really well done. And then the second thing I'll report on is the Brighton Housing Authority. What I want to report is that I'm seeing some significant progress in the direction that we as the council were asking to come from the housing authority. I think that there is much better accountability, financially and alignment of the housing authorities' goals and initiatives to what the city council was looking for. And it's a better explanation of some of the responsibilities the housing authority has that we weren't necessarily aware of. So we think of the housing authority as a developer of affordable housing. They also have as their most significant time synch managing housing choice vouchers on behalf of HUD. So they have two very distinct responsibilities, but they're also making some progress on a couple of very significant development efforts. So I believe that they have, they are at the point of inspections if they don't have the certificates of occupancy for the redevelopment of the projects at Fifth and Longspeak and at 18th South Bridge. So we should start to see leases and people back in those buildings after quite a long time. They're beginning to make real progress in getting contracts lined up to do the redevelopment of the use station. So we're starting to see some things actually move off the diamond that regard. And then there was a public meeting or a neighborhood meeting for the Ravenfield development and zoning on 27th and Purcell near the Presbyterian Church. I don't know many details about that because of course it's going to be coming in front of us, but at least that meeting was taking place and That project is beginning to move quickly to add some senior housing into the community affordable senior housing into community So I really am pleased that with some assistance from the city manager and some heavy engagement from us as the city We're starting to get a better line of communication and I think starting to see some actual progress in performance in the areas that we were concerned about. Thanks. Thanks for your report. I have some member today. Thank you. I don't have anything this evening. Okay. Council member green. Thank you Mayor. Yeah I did attend the new Northland city called Gala, along with the city manager. And then it's a beautiful building. You know, I'm not discounting what Brighton is, but it is a beautiful building. That's what money can buy I guess. I spent Saturday selecting the 2025 lady in waiting for the Adams County Fair. And I am proud to announce the 19 year old Jordan Kellogg is the recipient from Royal Brighton. She is a lady welder who's attending Ames Community College so I'm really proud of that. Of course I attended the funeral today for my friend Dick McLean. I have missed that guy from the day that I heard about it. He was a really good friend of mine. And one of the questions he always asked me when I was driving him home after breakfast in church, when's Mount Chava is gonna open? And I continue to wonder. And in his honor I'm gonna continue to ask when is Mount's shall is going to open. Thank you, Mayor. And you are a great Paul Bearer today too. It's a member, Poloski. Thank you, Mayor. Last Thursday, I met with my E470 folks and we had the budget proposals presented to us. And I'm sitting here thinking if maybe C.Dot needs to get a hold of the people who are improving and widening E470 to kind of maybe share some history, some possibilities of maybe doing a better job. And one of the things that will be happening in 2025 for sure is the beginning of the on-offerance out near the County Administration building. So that's definitely in the works. And I do want to say a little bit of something about Dick McClain, who is absolutely a super fantastic guy. My history goes back to 1983 when we ended up getting alone from it was then I believe United Bank and he was the person there that we went through to get the loan and he said to me Jan I want I want you to I have some advice for you when I've seen people come in and they they get a business and they think oh my god that got it made and they don't have to do anything because they're now the proud owners of a business. You need to remember you have to work that business. It was great advice for 31 years. We did that. I did that. My husband did that. And the part of that that I that sad is the people that we sold it to went under two years later because they didn't work it like they should have. But anyway, the other thing is that when I was mayor and Dick McClain became my third mayor pro-tem or no, my last mayor pro-tem that I had. And after he was sworn in, he looked at me and he says, Mayor, I want you to know that you have to call me Richard III. Because the first Richard, the first, as a Mayor Pro Tem was Rich Gonzalez, the second Mayor Pro Tem that I had was Dick Hodge, Richard Hodge. And so he became Richard III as my third mayor, Protoem. Great guy. It's just a shame how much. You know, you, in life, we love holding on to people who have done, they just do fantastic work and have done fantastic things. And he was involved in so many things for the city of Brighton. So he will indeed be very much missed. Thank you. Thank you. Council Member Worth. Thank you, Mayor. As you mentioned, I jumped on that call where they talked about the election items that were up. It was interesting and I appreciate your chime in it when you did. I went to the Chamber lunch and I think there were a few people with Chamber lunch in this last week. And last thing, Councilmember Snyder alluded to it probably the highlight of the last two weeks for me was attending the BIC retreat up at the YMCA camp. You know, I'm really just so proud of Brighton for representing the youth like we do. We do it really like very few, if any, cities do across the country. And I originally, when I was told that, I thought, well, come on, we're Brighton. We're small, You know, how it's really true. And it's fun when we go to NLC and things like that. The respect that our youth commission gets. And for all the right reasons, and the retreat really brings those things out. We had kids from eighth grade through seniors up there. And they're standing side-by-side and working as teammates. And never an idea that you know I'm the senior and you're the eighth grader so I'm better than you. Just really there's teammates all the way through. The girls, the boys, everybody working together was really great. I will tell you one of my favorite events was them learning Roberts Rules of Orders by making these disgusting sandwiches. That they, you know, they would vote or they would, they would move to add peanut butter and then hot sauce and then marshmallow cream. And the rule was they had to eat it when they were done. And so that led to a lot of fun. Also eating some crickets before we left. That was a lot of fun. It builds a lot of teammates, I tell you what, you're really working together. So that was a great event, a really pleasure. I was glad that Council members Snyder could make it up there for the day he was up there. We had another student that had volleyball tournament to play in on Friday. She came up Saturday morning as well and stayed for the rest. So people were interested in being there and being part of the team. So it was really outstanding. So thank you. About the fall colors up there were nice too. The fall colors were beautiful. The elk came and visited. We were warned right right up front, not to play with the bears or the elk came and visited. We were warned right right up front not to play with the bears or the elk because they tend to be meaner than they look. So yeah, no, it was it was absolutely stunning up there. So thank you. Thank you for your reports. One thing I forgot to mention earlier. We got a word from the National League of Cities that we're going to be a digital stop for their 100-year celebration and so the City of Brighton will be featured at an upcoming day right before the conference. I think it's November 7th and I know some members of staff are working, getting some content ready so they can be, you know, have that presented. So that's, it's good to have our city featured on a national stage. So good job. Don't go far. Coming up next is our South Brighton General Improvement District meeting. We'll have a little quick recap of what that means coming up. So before I adjourn this part of the meeting, and we'll have to take a quick, I guess, an Natalie quick recess to change things over. Okay. Councilmember Johnston, go ahead. Excuse me, I forgot to report that Brighton completely killed. Prairie View High School at football and I just wanted to make that world aware of that. Thank you very much. Right and high, one the cup. Yes, we did. Yes. Seven. Seven. Seven in a row. Six, six, seven. Good job coach. Next week before we adjourn this part of the meeting and move on to our general improvement district we do have we still have our study session next week so remember show it next Tuesday and I will quickly adjourn and our city