City Council - Regular Meeting

Good evening. So quiet already. Good job, everyone. I'd like to call order our city council meeting for Tuesday, 03/17/2026, And I'm gonna have, in honor of Saint Patrick's Day, council member Green, say the pledge of allegiance. Madam city clerk, please call roll.

Mayor Mills? Here. Mayor Pro Tempedia?

Here.

Council member Carbajal? Here. Council member Collins? Here. Council member Fiddler?

Here.

Council member Green?

Aye be here.

Council member Snyder?

Here.

Council member Tadea? Present. Council member 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 two a, approval of the 02/17/2026 city council minutes. Item two b, final reading of an ordinance of the city council of the city of Brighton, Colorado to amend article two dash 64 of the Brighton Municipal Code related to the employee's retirement plan. Item two c, final reading of an ordinance of the city council of the city of Brighton, Colorado, amending section one dash 24 dash 10 and article nine of the Brighton Municipal Code relating to criminal offenses and penalties. Item two d, a resolution of the city council of the city of Brighton, Colorado reappointing Lisa Snyder as the ward two member of the Parks and Recreation Advisory Board with a term to January 2030. Item two e, a resolution of the City Council of the City of Brighton, Colorado, appointing Jonathan Travis as an alternate member of the Brighton Historic Preservation Commission to fill an unexpired term to June 2029.

Item two f, a resolution of the city council of the city of Brighton, Colorado appointing Barb Baca as a member of the Brighton Housing Authority with a term to November 2030.

Thank you. What is the pleasure of council? Councilmember Green.

Thank you, mayor. I move to approve the consent agenda as read.

Mayor Pro Tem.

I'll second that motion.

We have a first and a second to approve the consent agenda as presented. Roll call vote. Motion passes nine to zero. Next approval of the regular agenda. Hold on.

Mister Snyder, will you let me make that motion, please?

We wanna make it amendment.

Yeah. There

we go. Mayor Pro Tem.

Thank you. I would like to move tonight's agenda with an amendment to continue items seven b and seven c to a date certain of 04/21/2026. We're going to send the staff back to work on some adjustments to the PD.

Alright. So it is proposed to amend the agenda to remove items seven b and seven c and move them to April. Right?

Correct. April 21.

Alright. Council member Green, do you concur?

I do concur. I second that motion as amended.

There's a first and a second to approve the agenda as amended. Roll call vote. Motion passes nine to zero. Moving ahead to ceremonies. Oops. There we go. Item four a swear in of new board and commission members. City manager Martinez.

Thank you, mayor. Good evening, mayor, mayor pro tem, and members of council. At this time, I will ask those of you who are to be sworn in for your board and commission to join our city clerk at the podium.

Use your right hand. Repeat after me. I state your name. I Lisa Smith. Do solemnly declare Do solemnly declare And affirm affirm I will support the constitution I will support the constitution of The United States

The United States

the constitution of the state of Colorado constitution of the state of Colorado Brighton Municipal Charter Brighton Municipal Charter and the office of the office of Parks and Recreation Parks and Recreation Advisory Board Member Advisory Board Member and will faithfully perform will faithfully perform the duties of the office duties of the office.

I'm about to

enter. About to enter.

Thank

you, Lisa, for your willingness to serve. Would you like to say a few words at the mic?

I just want to say thank you for approving this, and I look forward to serving for another four years on the Board. Very good. Enjoyed that.

And thank you for your willingness to serve again. Again, anybody that's got interest in serving on the different boards of commissions, please see the city clerk. They will she will provide you a list of opportunities. So cool. Moving hold on. Didn't we have one more? Did we not have the housing authority one too? Oh, they're not here. Oh, she was sworn in there. Okay.

Okay. Alright. Moving ahead. Item four b, government procurement month proclamation. So I have the proclamation on hand. You're welcome to read that. It's separate on it's it's on the agenda if you wanna read it later. But city manager Martinez, who is here to receive this tonight?

Thank you, mayor. At this time, I will ask our finance director Katrina Asher and team to come up to receive the proclamation this evening.

Come on up. We'll take a picture, and then someone can say a few words, whoever wants to do that.

Yes. Thank you. I have Kelsey Archuleta, our procurement and contracts manager, here to accept this.

Thank you. Good evening. Speak first. Yes. Good evening, mayor, mayor Pro Tem, and members of council. I am Kelsey Archoletta. As Katrina has said, I am the procurement and contracts manager with the city and one half of our procurement and contracts team. I just wanna thank you for proclaiming March as government procurement month. Speaking for both of us on the team, we are grateful for this recognition and especially for the collaboration we we receive from the city departments and our procurement professionals across the region. Their partnership makes our work possible, and we really appreciate the continued support. So thank you.

Next, item four c, performance and leadership academy graduates. City manager Martinez.

My favorite event of every council meeting when we get to share this is our performance leadership Academy graduates. Here tonight to present this round's graduates is Pierce Miller, our management analyst too. I will say that we had a presentation this morning about our graduates, and I'm continued to be impressed by the quality of of things that our folks are thinking about in terms of process improvement and how we can continue to save the city money, save our taxpayers money while making our processes better. And with that, I will turn it over to Pierce.

Thank you, City Manager Martinez, Mayor, Mayor Pro Tem, members of the City Council. Good evening. For the record, my name is Pierce Miller, Manager Analyst two with the Budget and Innovation team. Hope you all are enjoying this St. Patrick's Day.

We are certainly lucky as a city to have staff that, as Michael touched on, is innovate innovative and always looking at ways to do things better. And I say that because tonight, I'm here to recognize some of our staff that have recently graduated from the Brighton Performance and Leadership Academy. And as a reminder, the Performance and Leadership Academy is an internal and external program on that is focused on developing staff, strengthening leadership at all levels of the organization, and driving process improvements. So just a little update on the Academy. The Academy has recently evolved to meet to better meet the needs of our organizations.

So previously, it was structured as a five module course focused on organizational culture, leadership development, and process improvement fundamentals. We've transitioned to a more flexible, we call a la carte model that allows staff to engage in targeted training opportunities, including manager specific training and data analysis. This shift allows us to be more responsive to the operational needs while continuing to build continuous improvement culture across the city. And now we'll go ahead and get into our graduates. The first graduate we have for you is Becca Hefty.

Becca is my fellow management analyst team member on the budget and innovation team. Becca identified that the city's budget projection sheets were difficult to navigate and lacked clear documentation, creating challenges for both analysts and department directors. In response, she rebuilt those sheets and supported them with updated standard operating procedures. This improvement simplified the process, increased transparency and allows staff to more quickly understand and perform budget projections. Congratulations to Becca.

Okay. Our

next graduate is in the finance department. We have Laura Hernandez. Laura identified inefficiencies in the utility billing review process. The existing workflow that Laura analyzed was time consuming and created the risk that errors could go unnoticed before bills were sent to customers. And through process mapping and standardization, the updated approach reduces unnecessary steps, improves consistency, and helps ensure a more accurate billing for our residents.

Congratulations to Laura. Next, we have, from the community development department, our development coordinator, John Waynes. John addressed frequent requests from developers for a customized building permit fee estimate. Previously, each request required significant staff time to manually calculate. And so to improve efficiency and customer service, publicly available fee calculators were developed.

These tools allow users to generate their own estimates, reducing staff workload while increasing transparency and accessibility for the development of community. Congratulations to John. Up next, we have Armando Guzzo. In the Public Works Department, as the staff engineer, Armando evaluated the Transportation Preservation Improvement Program. The structure of the program's bidding process limited competition and contributed to project delays due to vendor prioritization challenges.

Through a phased iterative approach, the program was evaluated and redefined to improve efficiency, encourage broader competition and create more sustainable delivery model moving forward. Congratulations to Armando. Next is our revenue manager from the finance department, Anna Liskozic. Anna's project consisted of reviewing the sales tax and use tax refund process. The existing system relied on paper forms and lacked clear procedures and tracking, leading to delays and confusion for customers at times.

By transitioning to an online application and implementing standardized processes, the city has now improved tracking, clarified requirements and significantly reduced response times. Congratulations to Anna. And last but not least, in the police department, we have detective Valerie Rolfe. She identified the need for a more structured approach to detective training. Previously, there was no formal program for this and leading to this led to inconsistent onboarding and potential gaps in preparedness.

So a standardized training program is now being developed by Valerie to provide clear guidance, mentorship, and documentation, supporting accreditation efforts and reducing organizational risk. Congratulations to Valerie, and congratulations to all of our graduates. And I will now invite I think we have two members here from our graduating academy. We have Valerie and Becca to come take a picture with the mayor.

I've been told that combined, when you think of all the performance improvements put together, it's about a million dollars in savings to the city. So congratulations. Great job. Thank you for being good stewards. Now we can build that dog park.

Alright. Moving on. Item five, public invited to be heard on matters not on the agenda. I have three people showing sign up to speak. First of all, Tom Lampo. Come on over, Tom. State your name for the record, and you'll have three minutes.

Alright. Hello to Brighton. Hello to to you before me. It's an exciting time to be living. A lot of changes are taking place. I'm Tom Lampo, and I'm here to lift up Brighton to the Lord in prayer. So please join me in prayer. Heavenly father, in Jesus' name, we come before you tonight and invite you to be here with us in Brighton. You are God, and there is no other. We need you to lead and guide our city. There's nothing that escapes you, and nothing can surprise you. You know what is best for us, and that is why we need you to lead us. Please protect us from the schemes of our enemy. Our our enemy is our enemy is desperate because he is losing ground he once claimed as his. Protect us and deliver us to safety.

Psalm one zero seven six through seven states, in their distress, they cried out to Lord. He rescued them from their troubles. He led them on a road that went straight to an inhabited city. Our world is ever changing. It's easy to find ourselves without hope and not knowing how to move forward. Help us to always be mindful of you. If we get ourselves caught in a situation we shouldn't be in, send your angels to guide us to safety. A month ago, we came before you and asked for cooler weather and moisture for our mountains. There has been some mess moisture delivered to us, and all praise, glory, and honor is given to you for the moisture we have received. But as you know, we are still significantly below our average snowpack for the time of year.

Your word gives us many examples of you having control over the weather. First Kings eighteen one states, go, present yourself to Ahab and I will send rain on the earth. While in Job 37 verses six, eleven, twelve, and thirteen, it states, he says to the snow, fall on the earth and to the rain shower, be a mighty downpour. He loads the clouds with moisture. He scatters his lightning through them. At his direction, they swirl around over the face of the whole earth and do whatever he commands them. He brings the clouds to a punish to punish people or to water his earth and show his love. These are biblical times. You have control over everything.

One minute.

We are living in a time of exposure and a time of reversals. Reveal the truth and reverse our weather pattern. Heal our land as we prepare for the time of the fullness of the Lord. All praise and glory be to you. You are our God, and we are your people. In Jesus' name, we pray. Amen. Thank you, guys. Have a nice night.

Thank you,

Tom. Next, Robin Cream. Robin, come on over and state your name for the record, and you'll have three minutes.

My name is Robin Kring. I live at 34 South 5th Avenue. I'm presenting a petition to restore, secure, and promote occupancy of 575 South Bush Street. We asked the city to honor the protective landmark designation approved by the council on 10/07/2014 by avoiding demolition and implementing a commitment to maintain, secure, and preserve with reuse. And also to honor the city of Brighton comprehensive plan, commitment to principle number 10, preserve historic resources to enhance the community's quality of life and heritage as originally expressed by the public.

We ask that the city use funds designated for demolition and hazard remediation cost to instead repair the building from vandalism and neglect to facilitate a safe occupancy and reuse. Additionally, we're asking the city to reevaluate and consider cost savings of asbestos remediation targeted only to repairing the building for occupancy versus the greater expense of demolition containment. Also, future vagrancy or break ins could be eliminated or greatly greatly reduced with an occupancy. Like the city's other historic buildings, we ask that the reuse and sustainability not be viewed solely on dollars and cents evaluation. Benefits of preserving the historic treasure provide a cultural and heritage sense of place to further enhance the quality of life of Brighton's citizens.

Consider that preserved historic buildings generate a vibrancy that contributes to generating income and attractiveness of nearby retail and businesses. We also ask that the public be involved in reuse ideas. One idea is the building could be a short term or long term rental facility. Other ideas include renting the facility as an arts and culture organization. And we actually have leads and interests, uses a small business incubator or a small meeting and event rental facility.

We have collected lots of ideas. The additional funding could be attained with historic preservation grants and recovering costs from the person who did the vandalism. We implore you to eliminate demolition and desired sales efforts, and instead implement a plan to repair, secure, and promote occupancy. Thank you for your consideration to save our cultural treasure that was our city's earliest history from town hall, waterworks, library, public works and senior center. Hope that you'll preserve it for both young and old for this generation and future. Once a treasured historical building is lost, it's lost forever. Thank you for listening.

Thank you, Robin. Alright. Next, Anelie Berube. Come on over. State your name for the record. You have three minutes.

Hi. Good evening, mayor, mayor pro tem, and members of council. My name is Anneli Berube, and I am the community services director for the Brighton Housing Authority. I live at 7690 Irving Street in Westminster, but I work at Historic City Hall 22 South Forth. I'm speaking tonight on behalf of Brighton Housing Authority to support our partner organizations, Almost Home and Growing Home, as they are speaking later this evening during study session regarding the decrease in rental assistance availability in the city of Brighton and across Adams County.

The Brighton Housing Authority often refers people to rental assistance programs like the ones that Almost Home and Growing Home provide. Now that there is only a tiny fraction of the assistance available that was available just a few months ago, this has created challenges for us in our ability to help the residents we serve to remain stably housed. As a housing authority, we provide housing vouchers to Brighton residents that subsidize their rental costs, focusing on providing permanent housing solutions for families. This includes housing choice and project based voucher programs as well as our tenant based rental assistance program that provides up to two years of rental assistance with a preference for survivors of domestic violence, and that is across Adams County. For the folks that we serve, rental assistance, like the assistance provided by Almost Home and Growing Home, acts as a safety net to help our clients to remain housed if they encounter things such as a job loss, an unexpected medical expense, or a death in the family, just as some examples.

Our organizations and the others who work in the housing assistance space work together and collaborate to provide support for folks all along the housing continuum, from emergency shelters to affordable homeownership and everything in between.

One minute.

This collaboration enables each organization to focus on the areas along that continuum that are within our areas of expertise. This also means that when resources are limited in one area, this can negatively affect the folks we serve all along that continuum. We are willing and happy to continue collaborating with Almost Home, Growing Home, city staff, elected officials, and others on this issue to find ways to continue offering solutions. Thank you.

Thank you. And we have one more that signed up to speak, Gail McGaugh. Come on over, Gail. State your name for the record, and you'll have three minutes.

My name is Gail McGaugh. I live at 50 South 6th Avenue in Brighton. So I wanna speak on behalf of our building at 575 South Bush Street. I bought my home two years this May, and I was not concerned about the building across the street because it was historic. Now I am concerned.

And I have been going door to door to my neighbors and asking for their opinions. And I've hit 75 homes so far, spoken to every single one of them, and there's only one person that is not concerned about the building being taken down. We all live in this area because we love the historic nature of our homes. They're old. They're unique.

They're not like any place else. And if we tear this building down, it's it's gonna be an injustice, and it makes me very sad, really. I actually may move, and that's very unfortunate. So I are just asking to please try to save our building. We have not had a survey sent out to the neighbors.

Some of the neighbors that live right across the street haven't even received a letter about any of these meetings with the, historical committee. And, like, they most of my neighbors didn't even know this was happening, and it's very disappointing because it's going to affect our neighborhood. So thank you for listening.

Thank you. That is all I have signed up to speak. I will I will just comment real quick. There's no decisions or any meetings yet related to the building that was spoken of by by the last three speakers. But I do know there will be a public hearing coming up in the future, I believe, sometime next month.

So I encourage you to be involved with that. Alright. Moving ahead. Public hearings. Item six a, a resolution of the city council of the city of Brighton, Colorado, reconsidering approval of the Brighton Crossing filing number nine subdivision plan and considering acceptance of all public lands and facilities associated with the subdivision plan for an approximately 9.095 acre property generally located to the North of East Bridge Street to the South of Royal Pine Street to the East of Apache Plume Street into the West of the Spear Canal, more particularly located in the Southeast corner of Section 2, Township 1 South, Range 66 West of the sixth Principal meridian, city Of Brighton County of Adams, state of Colorado.

This is a public hearing. I will go ahead and open up the public hearing and ask if our city clerk will verify that all the necessary postings of publications were done.

Yes, your honor. The notice of public hearing was published on the city of Brighton website on 02/05/2026.

Thank you for verifying that. Next, I will ask members of council if they have any conflicts of interest or any ex parte communications related to this matter. Seeing none, city manager Martinez, will you introduce our presenter?

Thank you, mayor. Presenting this item this evening is Gray Shipman. I'll turn it over to Gray.

Good evening, counselors. As, Michael Martinez said, my name is Gray Shipman, and I'm a planner with the city of Brighton. Tonight, it's my task to present the staff analysis for the Brighton Crossing filing nine subdivision plan. I'd also like to let you all know that the applicant is here a representative from the applicant's team is here tonight, and she has a presentation that she's prepared to give you all as well. So just to provide a bit of context and kinda orient us to where this property is located, this is a subdivision plan for an approximately nine acre property that is generally located to the North of East Bridge Street, South of Royal Pine Street, East of Apache Plume Street, and West of the Spear Canal.

This property has already been annexed and zoned. Because the applicant in this case is proposing to create more than four lots, the land use and development code requires a major subdivision plan. The purpose of the subdivision plan is to outline public improvements, to design lots, and to get approval from city council. Should city council vote to approve the subdivision plan, the applicant would then be required to submit a final plat application. The final plat application would be reviewed administratively by staff to make sure it conforms with the major subdivision plan that was approved by city council.

Staff would also, at that time, look at technical engineering details and construction details to ensure the public improvements meet the city's requirements. The property was annexed fairly recently in October 2025. At the same time, the property was zoned Bromley Park PUD thirty fifth amendment, and it is currently zoned single family detached. The proposed development would create a total of 60 lots for single family detached residential development and would be completed in two phases. In the first phase, the developer would construct 17 lots, which are denoted in the red box on the screens in front of you.

The remaining 43 lots would be included in Phase two. As part of this development project, there would be a couple of off-site improvements the developer would need to complete as part of the first phase. Just to clarify one point, this first phase is also denoted as phase 14 in the plans. Brookfield, the developer in this case, has had several subdivision plans within this part of the city, and this would be their fourteenth phase, but it's the first phase of this particular subdivision plan. For one of the off-site improvements, the developer would construct a missing trail connection for the trailway that runs along Spear Canal.

This is shown in the upper part of the image on the screen. The additional piece of trail along the Spear Canal would connect the trailway to an existing trail along Longs Peak Street. The second off-site improvement would be to construct a median along East Bridge Street. There is already a median in East Bridge Street to the west. This median would extend eastward, east of North Gold Eagle Parkway, generally along the extent of Brighton Crossing Filing 9.

And this median is depicted in the lower image on the screen. For phase one on-site improvements, the developer would create some water and sewer taps for the 17 lots that are depicted in the red box. Royal Pine Street is an existing roadway along the northern edge of these 17 lots and already has an existing water and sewer mains, so it would just be a matter of providing some taps for those lots that don't already have service. Phase two includes all the public improvements that are necessary to serve the remaining 43 lots, and this is shown in the red polygons on the screen. This entails extending city water and sewer through two newly constructed streets.

One road would extend Colorado Avenue southward, and that roadway would be named Rome Street at the curve. The other roadway would run parallel to North Gold Eagle Parkway and would be named North Gold Eagle Fork. North Golden Eagle Fork will be a one way street that provides access to nine lots on the western side of the development. And if I could just briefly direct your attention to the projector screen here. North Golden Eagle Fork is oops.

Sorry. North Golden Eagle Fork, it just runs north and south along the west side. You can see it because of the water and sewer lines that are running through it. City staff are requiring North Golden Eagle Fork to be privately owned and maintained by the Metro District because the roadway does not meet the city's design standards. Without this private roadway, however, each lot would then be required to have individual access on a North Golden Eagle Parkway, which would create several points of traffic conflict along a busy collector roadway.

If city council chooses to approve this subdivision plan, you all would also soon see an application to vacate excessive right of way along North Golden Eagle Parkway to make space for this private roadway. Now I'd like to start by working through the review criteria that staff, the planning commission, and city council are required to use when evaluating a subdivision plan. One of the first review criteria, criterion a, is whether the proposed subdivision plan is in accordance with the city's comprehensive plan. When we evaluate whether a proposed subdivision plan conforms with the comprehensive plan one of the things we look at is the future land use map, which is a key part of the city's comp plan. In this case, the future land use map designates the property as suitable for mixed use commercial land uses with a small portion designated as suitable to parks and open space.

However, city staff feel that the mixed use commercial designation is generally inappropriate for this area. If you look at the map on this slide, you'll notice I've highlighted an area in a yellow polygon. Within this yellow polygon is a stormwater pond as well as a portion of the Spear Canal, and both of these separate the property from the street. Location is key to the success of a business, and having a business directly along a street with easy access contributes to the commercial viability of a property. Because the property does not have good street frontage, staff do not feel that commercial development would be appropriate.

Additionally, all the surrounding areas are residential, and staff feel that the site constraints and surrounding character of the area would make residential development here most appropriate. Now to turn to the other principles and policies of the comprehensive plan for guidance. The comprehensive plan generally recommends that development occurs in areas with existing infrastructure, such as proximity to existing water, sewer or stormwater infrastructure. This infrastructure already exists nearby the proposed development. Additionally, the construction of the missing trail connection and a new median are part of ensuring that this development creates a high quality neighborhood with benefits for the area and for the city of Brighton more generally.

Alright. So that was all about criterion A, conformance with the comprehensive plan. And now I'd like to just provide a brief summary for staff's analysis for the rest of the review criteria. Staff have reviewed to make sure the requirements and the land use code are met and will and will continue to be met when the applicant submits a final application a final plant application. The property is already zoned Bromley Park single family detached, and the proposed subdivision meets those requirements.

The city requires developers to submit performance bonds to the city before they can apply for permits, and infrastructure will be inspected by city staff. The two phases that are proposed ensure that public improvements are completed in a systematic manner and that adequate roadways, water, sewer, and stormwater lines and connections are constructed before houses can be built. Stormwater lines already exist, and inlets will need to be provided. Staff will continue to analyze stormwater in the final plan. There's no construction planned for the area.

This proposed development fills in a remaining part of the Brighton Crossings area. Because this is the last development in the area, this development also doesn't really impede any future construction. And finally, the last review criteria simply asks that you consider staff's professional analysis and the staff recommendation for the proposed project when making your decision. Public notice was provided in accordance with the city's land use and development code. Signs were posted at the property.

Notice was posted at the city's website, and written notice was mailed, all of which occurred fifteen days at least fifteen days before the date of this hearing. And staff have not received any formal comments in advance of this hearing. On February 26, the Planning Commission unanimously recommended approval of the subdivision plan. The development review committee has reviewed the project, and staff recommend approval of the Bryan Crossing filing nine subdivision plan. And on this on the screen, you can see the options for how city council may choose to proceed. Thank you all.

Thank you. Is the applicant here that you wanna add anything? There we go.

Good evening, mayor, mayor Pro Tem, members of council. My name is Anastasia Urban, agent for Brighton Crossing LLC. My presentation is just a few slides. Greg did a wonderful job providing the details and the overview of the application. And I would also add that we, as the developer applicant, have agreed to all the conditions proposed in the subdivision plan.

So my slides primarily just show context of how this proposed subdivision plan fits within the Brighton Crossing master plan development. You'll see the green circle on the kind of middle right side of the slide showing Filing 9 and how it really is a continuation of the adjacent residential single family development that has been developed within the community and really specifically the filing to the north, which was filing two eighth amendment, ties into filing nine quite well, we believe, as as the roads were planned to be continued through this area and, again, adjacent single family homes. This is just a kind of a zoom in view of of the green space and and proposed street trees and some of the entryway landscaping that's proposed for for the entrance to to Filing 9, And then more of a technical view of of the lotting showing showing some of the tracks that are proposed, including continuation of a mid block trail connection in the in the northern block across Royal Pine Street. And with that, just a brief overview of Brookfield Residential, not only in Brighton Crossing, but some of the other master plan communities in the Front Range area.

And I'm happy to answer any technical questions nontechnical questions you may have regarding our application. Thank you.

Yeah. Thank you. Thank you for adding to the presentation. Right now, this is time for public comment. I have, so far, no one signed up to speak. But if you don't want to speak, there are sign up sheets in the back, and you'll be called up one at a time for up to three minutes each. With that said, madam city clerk, anybody have any public comment they signed up digitally?

No, your honor.

Okay. With that, we'll go on to questions by the council. Mayor Pro Tem.

Thank you. Yes. Can you help us understand this Golden Eagle Fork a little bit better? I realize that we again, I wanna take ownership of the fact that we created that problem for you in that all of this for the zoning and everything else was hinged on connecting Golden Eagle Parkway to Bridge Street. So we created an access problem for you. But the only example I can think of in the city of Brighton is some homes on the South Side Of Bridge Street, and that's an a disaster I wouldn't wanna repeat. So I'm betting you have a better design for that. I just don't understand it.

Sure. I will I will give the the background as I understand it as I I I believe a lot of the the discussions really really stems, you know, a while back in in filing two eighth amendments and and really the desire of limiting the access off of off of off of the primary road. Right? So so as as the road connects and and let's see the light, you know, this being a major intersection and and really, I think the desire to limit access points from people turning in and out of their driveways. I think some staff have called it the eyebrow.

And I like when I

think of an eyebrow in a cul de sac, I think of the little bulb out. And so like to me, sometimes I call that the eyebrow. But here, it's it'll function like a frontage road. And so there'll be just a small strip separating Golden Eagle from the fork, and it'll function one way. So basically, in order to enter from the South, any of those residents would need to come up here, come up through the roundabout, and then enter this way, and then they would exit to the south here.

But they could make a left or or a right exiting out of their subdivision. And due to the, you know, kind of small number of lots that that are being served, we don't believe that there's any, you know, traffic congestion, you know, regarding that one way flow.

Okay. So they they'd need to go all the all the way up to the roundabout, which is the cause of another one of our problem intersections, but that's per the only permitted u-turn in town on on Bromley is not your problem, so I'll ignore it. Actually, I I think your cover page might have had a nice illustration that flew past. Your presentation's cover page.

To the beginning?

No. Yeah. Right here. So so where the the words Golden Eagle Parkway are, it looks like a a almost really like a median or parkway.

A small a small median. Absolutely.

Okay. And that would be the one way going southbound so that people could enter and and exit their driveways. They would be heading southbound. Now not trying to press too far into the details of traffic engineering because I'm not a traffic engineer. I just play one on TV. If you were leaving there and wanting to drop your kid off at at Padilla Elementary School, would you be able to turn left off of that back onto North Golden Eagle Parkway?

It's my understanding that that that would be permissible, that you could make a left or a right out of out of the fork, if you will. And I would say a subdivision plan is a preliminary plan. Right now, we are going through our technical construction document review with staff or just starting that process. And so that will refine all of the detailed geometry exactly of that median, and then detail the striping, signage, and all of the turn restrictions or allowances for those movements.

I mean, clearly, Google University qualifies us to be the same. Okay. That that is much more understandable to me than the cinder block or the the concrete blocks that we have on on Ridge Street and and and gives me confidence. I think this is a creative solution to, again, the problem that we created for you, but it's a problem that was created for us some time ago, by CDOT and Highway 7 And 76 and all of that. Thank you very much.

Sure. Thank you.

Right. Next, council member Green.

Thank you, mayor. I too am concerned about the, Golden Eagle Fork. And I don't know how you can get people to not turn left into there coming from the South. You know, I'm just looking at it, and it would be a road of opportunity. And my other frustration that I see, and I see it every morning because I drive by here every day, this exact intersection is people turning left out of Gorelniggen Parkway and trying to head towards 76. And I also I there shouldn't be a way to turn left from bridge to go down to the south. And so I would want that median to even go further.

So we'll take this in two pieces. On East Bridge Street, as Gray had mentioned, one of our required improvements is to complete that median. And so currently, as contemplated, when that median is completed, you could make a right out, but you couldn't make a left out.

But they still do.

Well, and again, we still have more work. If this subdivision plan is approved, part of the required improvements are extending that median and really tightening up those turn restrictions. And so really directing and restricting the type of turns that could happen there.

So another drawing. It looked like it would still be wide open, and that's where I would have the problem.

Yeah. And Artist rendering, not necessarily our civil engineering rendering. So so through the civil engineering, the CD process, right, that that not only needs to be reviewed, by city staff, but but because Bridge Street is is CDOT jurisdiction as well, we also have to go through CDOT to review those details. Double review authority on that conceptual median. And the concept, again, I think was contemplated in the annexation agreement when this parcel was extended, to obligate us as the developer to do additional modifications of the median.

But because we haven't been fully approved for this plan and don't have those CDs yet, that's why we didn't build it with that first phase. And so although it seems like we did some work at that connection when we brought North Golden Eagle Parkway out. There's still another phase to be done to extend that median.

Yeah. You built the pork chop, and you built the the west half of the median, and that all looks really good. What about parking on the North Golden Fork? Would there be parking allowed? Because it's a private road, that would be your requirement. We can't stop it, and we ran into this with the McDonald's area.

Yep. Understood. And and I think that's part of, the technical review, right, to make sure that the signage and striping is appropriate for the width that's there. But as currently contemplated, it is designated as a private street and so maintenance and quite honestly enforcement, would Metro District if parking is restricted.

Yeah. I don't know. I I worry about fire trucks getting in there. Thank you.

While you're on this artist rendering, oh, real quick. You may wanna double check with public works. I think that stretch of Bridge Street that's historically been also Highway 7 may be under the full rights of the city at this point. I don't know if you have to go through CDOT, but, you know, you can battle that out with them. So as I'm looking at this artist rendering, first of all, are there any changes to the storm water, or are there none? When I look at this, I see a trail here, and I don't think there's a trail currently today.

Think the artist rendering took some liberty of the access road, making it look a little more like a trail. So most, storm water facilities require an access road, and I believe that gravel path is in. So it's probably not as pronounced as it is in this rendering.

So it's an access road, not a trail?

Oh, access road to maintain And the stormwater the bulk of the improvements for the stormwater facility were completed with filing to eighth and ninth. Yeah.

Cool. Anybody else on council have any questions or comment? If not, we will move on. I will close the public hearing, and this item is before count c or before counsel for consideration. We'd like to make a motion.

Mayor Pro Tem.

I will move yet another fix to the problem we created, and move for the approval of six a.

Council member Tadeo.

Thank you, mayor. I'll second that.

We have first and second to approve six a. Roll call vote. Gonna throw a flag for a delay game here. Motion passes nine to zero. Moving ahead.

Item six b, an ordinance of the city council of the city of Brighton, Colorado, amending chapter 15 of the Brighton Municipal Code, adopting adopting by reference the 2025 edition of the 2025 Colorado wildfire resiliency code and setting forth amendments thereto. Final reading. Oh, so this oh, it says final read. I don't know why.

Oh,

yeah. Anyway, I gotta go through the motion, so I will go ahead and open the public hearing, ask if our city clerk will verify all the necessary postings of publications were done.

Yes, your honor. The notice of public hearing was published in the Brighton Standard on February 26 and 03/05/2026.

Thank you. Does any members of council have any conflicts of interest or ex parte communications they need to disclose? Seeing none, city manager Martinez, please introduce our presenter.

Thank you, mayor. This item is going to sound familiar because it's been presented to you twice before, but now the third time's a charm. Us tonight presenting this item is our chief building official, Andy Ulmer, and I will turn it over to Andy.

Good evening. My name is Andy Ulmer, and I serve as the chief building official. The city of Brighton has small areas that fall within the state wildland urban interface map. Hence, under senate bill twenty five one forty two, we must adopt the Colorado wildfire resiliency code by April 1. This presentation is the second reading in public hearing for the adoption of this model code. First, just to review the questions from the first hearing. Question was, how many builders are using a cement based siding now? Currently, just one builder is using that cement based siding. They're not required to. They just are.

I would call it not unheard of or rare. That would be the wrong characterization, but it's certainly not the common choice. Second question was about insurance companies. And, again, we had called insurance companies and found that they really didn't know anything about this code at this time. That's that's really all there is to say about that.

The, the Colorado wildfire resiliency code board was directed in statute to coordinate with the, Colorado division of insurance. The map, to answer the question, the map should be updated every three years. I would expect, like the other building codes, that they would also probably update the language every three years. That's just how building codes work. They refine as they go along.

This is the map. Again, this northern part of the city is is where the overlap occurs in that blue section of the city. We have overlap with those yellow and orange sections. Down below was not really a developable developable piece of property, so it's less of a concern. The class one areas in yellow, class two area areas in in orange reflect different risk categories.

The risk of fire danger is considered to be greater in the orange category. To counter the fire risk, the code prescribes steps to harden the exterior structure and to create defensible space around these buildings and structures. Community development staff will keep applicants for future development aware of these requirements early in the process. So anybody if we were to go back to this, anybody developing where there isn't anything, we would notify them ahead of time. This code will have no immediate impact on any existing structure.

If you were in a class two area such as in Jacobs Run, nothing will occur to your existing home. But as you make changes to the surface of that structure over time, those elements would be required under this code to be brought into compliance. Structure hardening, hardening a structure in the broadest of terms means that the the surface of the structure is to present a less flammable, noncombustible, or a surface that won't readily support combustion to wind driven embers and fire direct flame. Class one will cause no significant cost increases to a home. In class one, though, at a commercial setting, you would see flat roofs would have a cost increase to get there.

But as described in the first reading, at least that has other benefits besides fire resistance. It would increase the longevity of the roof. Class two is where the hardening starts to cause increases in in costs. Again, some of them come with other benefits. Some of them do not. They're just a sunk cost. The twenty minute exterior door adding $350 or so per unit is an example of just where it offers additional fire resistance, but but perhaps no other real benefit beyond that. One correction from the first reading, I got clarification in an ICC class. Tempered glass would not be required. Dual pane glass will meet their requirements.

So that drops one of the first understandings of a cost increase that will not be there. Just regular old dual pane glass will suffice even in a class two setting. Defensible space. In addition to structure hardening, code requires what's known as a defensible space. So it's broken into three zones from zero to five feet, five feet to 30, and from 30 to 100 feet.

In these areas, code is attempting to thin out, spread out vegetation, reduce, quote, fire fuel, and reduce just the size and quantity of embers that would hit a structure. Also, fencing within eight feet of a structure would have to be noncombustible or vinyl. On the positive side, not a lot of upfront costs associated with that. Staff recommendation is to adopt the Colorado wildfire resiliency code as written and approve the draft ordinance. The options would be to adopt the state code as written or adopt the state code as written with additional restrictions. At this time, any questions?

Thank you for your presentation again. Mhmm. At this time, this is the time for public comment. I have no one signed up to speak on this item. But if you wanted to speak, there are sign up sheets in the back. You'll have up to three minutes. Madam city clerk, any digital public comment related to this item?

No, your honor.

We'll go on to questions from the council. Councilmember Greene.

Thank you, mayor. Thank you, Andy. Mhmm. Once again, great to have your presentation. You and your options said that we can adopt it or we can adopt it with changes. What happens if we don't adopt it? Adopt it or what?

The it's a great question. Probably a a question for city attorney's office. I think one of the things I'd be concerned about is the amount of unknown. I'd be concerned what in the extremely rare unlikely circumstance there was a fire that wiped out Jacob's and we did not have this adopted. What would happen then? I have no idea.

Well, you said yourself that it has no immediate impact on the current residence so that if we didn't adopt it and and fire went through Jacobs Run, none of those existing properties would have an impact, you you're saying. So if we don't adopt it and those still burnt down, god forbid, we really couldn't be held liable because none of those would be subject to this according to what your testimony was.

I I would ref I would definitely step back from ask answering questions on liability that's outside of my scope. I'm more of a building code specific kinda guy. So

I understand that. But and I guess I would also argue that if you say that there are no immediate impact, but restricting the future of existing buildings from how they wanna modify or go forward would be you're giving them an immediate impact because you're basically not allowing them to remodel or do anything because they'd have to conform to this code. Correct?

I don't know that it would be fair to say that we would be prohibiting them from remodeling. Just that when they remodeled, they'd probably be using class a roof, cement siding,

and They would have to if we passed this.

They would have to.

Alright. So that's an immediate impact then?

If That's my argument. Immediate if they're remodeling. Yes.

Now we're arguing here b or b and c.

I'm sorry?

Just b is what we're arguing here because when we get into c, does c have these same sort of, requirements too? Alright. I'm gonna I'm trying to be tricky on you, but I guess that's where I stand, and I'm still against it.

Okay. Thank you. And then mayor Pro Tem.

Thank you. We're we're speaking fairly frequently about Jacobs Run, which is already developed and immediately north of Baseline Road in in the zone. But the city limits of Brighton extend beyond Jacobs Run further into this area and are not yet developed. Correct?

Correct. Correct. And there are subdivisions such as, you know, class one would be if a what Mountain View filing number two would fall under. And so there's a number of future subdivisions that would fall under the class two.

And while I don't wanna dig into those because some of them are still pending quasi judicial action in front of other bodies. I will leave it the question at, are all of those possible developments limited to residential estate developments, which is what Jacobs Run is.

I'm not in

the planning. Holly get up. I'm in trouble.

I I'm not on the planning side,

but, fortunately

I I don't wanna dig into any of the exam specifics of anything coming forward.

He puts bets whenever he's gonna get Holly up. Good

evening, your honorable mayor, mayor Pro Tem. Ladies and gentlemen on the council, Holly Prather, community development director for the city. There are several subdivisions that have been approved that have been fully entitled that have not started construction yet. As Andy noted, Mountain View Filing Number 1 is one of them. Jacobs Run, as you know, is entirely built out except for one lot, I think.

So there is a potential lot that could be built out out there. And you also have to keep in mind that additions over 500 square feet would also have to comply with these regulations. So even in the Jacobs Run neighborhood, if someone added onto their home or an outbuilding more than 500 square feet, if you were to adopt this, it will apply to them. There's also the Homestead neighborhood, which I believe is in the class two area. There's an entire phase three that's been fully entitled that has not been built out yet.

Think I there's 40 something lots approximately in there. There's also the Corbin Kitter subdivision in the class two area, which is north of Jacobs Run. That has been entitled for many, many years, and nothing has ever been done. And then, of course, a lot of that land area is in our future growth area, And those areas are generally shown on the comprehensive plan for agriculture. But as a reminder, we're going through that comprehensive planning process, and those land use designations could certainly change in the future.

But at least some of those entitled properties are not estate residential. They are more dense than that.

That is exactly right.

Okay. I I think that that's the piece that I was after, as a question in the public hearing portion of today's adventure. Thanks.

Lots of future development that could be affected. Council member Snyder.

Thank you, sir. I would like to ask a question of the city attorney, if I could, for an opinion. I'm really not in favor of the state imposing stuff like this on us with no funds, just an unfunded mandate. But my question is, if we do not follow the state's guidelines on this and there were to be a marshal or superior type fire, would the city be liable for not following the state fire mandates?

City attorney Calderon, if you can.

Thank you. Council member Snyder. When it comes to litigation, anyone can file a lawsuit for anything. So could someone file a lawsuit and perhaps try to allege a connection there? Potentially.

But is is there any direct liability in the legislation or that places liability on the city? Not in the legislation itself. And prior to this change, how this legislation had existed so it's not completely brand new. It was a May, so the city cities could adopt this. What what changed is the May went to a shell.

Okay. Any other questions by council? Councilmember Fiddler.

Thank you, mayor. Just a follow-up to or city attorney's comment. Absent approval tonight, homeowner may choose to use these materials. Right?

Yes. Correct. Okay.

Great clarifications. Anybody else? If not, I will close the public hearing. This item is before counsel for consideration. Mayor Pro Tem.

Thank you. A few weeks ago in our strategic planning session, when we declared that both affordability and sustainability were important to us, some staff members asked us if those two with each other, which mattered more? And my answer to that tonight is where people may choose to take on additional expenses for the protection of of their houses and and their property, mandating from the state level changes that we don't have much control over, that add 15% onto the cost of a single family home flies in the face of affordability, which is my top priority. I I don't like unfunded mandates. I don't like, the state stepping into land use and development at the pace that they are doing.

And when there's no penalty for not complying, I think we have an opportunity for civil disobedience as a city to say, this doesn't really fit and and steps into the decisions that we need to make for our cities. So when we finish discussion, I'm going to make an effort to not approve this. Even though that wasn't one of the options given to us on our presentation, I still believe that it is an option in front of us. Somebody might mention that that is inconsistent with the fact that I I stated we needed to make some other changes in our code based on state laws that that had changed, in particular, around our criminal penalties for offenses. And in that case, I'll argue that that's slightly different because in that case, not only did was there a state law that took place, but the Supreme Court has already ruled on it that we have to be in compliance with it.

So there are no options to try to get around that one. The Supreme Court has already stated it. So I can't, in good conscience at this point, force all of those entitled developments to be looking at an increase of greater than 15% in costs, there are certainly options. I'll have a different answer when it comes to the local municipal ordinances that we're suggesting that may help to mitigate some of the same issues. But the the state edict is not one that I'm comfortable with.

I'll just take it aside.

This is that time. Go ahead and make

that So

I am actually moving to deny rather than approve item six b on our agenda.

So to clarify, this motion is to decline or deny this this this before us. If you vote yes say no. You are declining. If you vote no, then you're declining the declination. Okay. Council member Green.

Welcome to the dark side. I happily second my motion. There is a first

I do have to question when I'm in agreement with with councilman Green, but very

There is a first and a second to To kill. To kill. This is the way to get Tom to vote yes.

Not even violent to kill dead.

Okay. Council member Carbajal. It means if you vote yes, you vote to decline this.

Yes. To not change our ordinance from to

If we vote yes, nothing changes tonight. K. Once that's on the board, roll call vote. Now he's just gonna Yeah. I assume when you say motion to amend that it shows that the amend is to decline.

There is no option to decline.

Okay. You.

Alright. We can complete our votes please. Motion passes to decline seven to two. Okay.

Thank you.

And then next item six c, an ordinance of the city council Andy,

he's still up.

Yeah. I think he's up. An ordinance of the city council, the City Of Brighton, Colorado approving the amendment of certain articles of the land use and development code to address Colorado wildfire resiliency requirements. This is a first reading. So I will open up the public hearing, ask if our city clerk will verify all the necessary postings, and publications were done. For six

Your honor, the notice of public hearing was published on the city of Brighton website on 02/09/2026.

Thank you. City manager Martinez, who's our

Thank you. Mayor. This was a Summer McCann presentation, but I will turn it over to director Prather.

No summer today.

Summer is here and is willing to give the presentation. This is, of course, tied to the past ordinance, And the ordinance that is drafted in before you this evening makes reference to that Colorado wildfire resiliency code. So we're happy to give the presentation for the record. But since you haven't adopted the Colorado wildfire resiliency code, I'm wondering if we should even move forward. So direction would

be best. A little different. Mayor Pro Tem wants to explain his view.

I actually think that because it is a match to implement it as fully in there, my guidance or my recommendation would be to pull this item and reconsider. What I would really love to see are the landscape requirements that don't add significant cost to the development as part of our land use code amendments, but not specifically the building material requirements that add the significant cost. So I would like to see some variations on this potentially on what should we put into our own code to manage these higher risk areas, but not direct obedience to the state statute that we just chose to ignore.

So the staff need to bring this back to make those

I think in order to understand that, we might need to study this a little bit further and figure out how to filter or adjust what we're bringing back.

May I ask a question to the city attorney?

Yes. City attorney Calderon.

Would we table this indefinitely then at this point?

Well, isn't part of this the landscaping amendments?

That it's only part of it.

So this is really being driven by the wildfire resiliency code Yeah. Entirely.

The landscape code the landscape changes that we're proposing are in response to the wildfire code.

Right. And what I'm hearing council member Padilla say is they would like that portion of it to come back.

Right. So But I don't have a date specific for that. Oh, yeah. I'm asking to table should we tape what would be the most appropriate?

If I may Yes.

This is

Perhaps ask the city manager because if I do something like postponing it indefinitely

Oh, that

that brings in some

Yeah.

Parliamentary procedures that I'm not sure the city attorney

think we

need a approach.

We need a date. City manager Martinez.

I love the parliamentary procedures thing. Let's do that. I would ask that since it's an item on your agenda this evening, I think you will have to take a vote on it, but I ask that you vote to postpone this item to a later date. No dates are

Just a later date. We can do that without naming a date. Yes. Okay. Alright. Does that sound fair, Holly?

That would be great. Thank you.

Alright. This is still a public hearing. I need to quickly ask if our city clerk has any, digital comment or public comment that's been brought to your attention.

No, your honor.

Okay. And then city manager Martinez, you have more to say? No. Thank you.

Sorry. I need to withdraw my request.

Okay. I will close the public hearing. And this is before counsel to amend or something. Mayor Pro Tem.

Thank you. I would like to move to postpone item six c, until a later date to be determined by staff.

And then council member Green.

The later, the better. I second that motion.

Another ploy to make Tom vote yes.

Alright. Yes. See if you ask the

So to clarify, this is to postpone to a later date, but not named. K. We have a first and second to do that roll call vote.

Yeah.

A date and a certain date. Motion passes nine to zero to bring it back at Holly's will. K. Oh, wait. There's more.

Public hearings. Item six d, an ordinance of the city council of the city of Brighton, Colorado approving the Bromley Park planned unit development thirty sixth amendment for an approximately 1.65 acre property generally located to the Northeast of the intersection of Bowie Drive and North 50th Avenue, South of Chicory Circle, and to the West of Purple Mustard Court, more particularly located in the Southwest corner of Section 2, Township 1 South, Range 66 West of the sixth principal meridian, city of Brighton, County Of Adams, state Of Colorado. Been easier to sit next to Firestone or something, but whatever. I

know.

Alright. With that, I will go ahead and open up the public hearing, ask if our city clerk will verify all the necessary postings of publications were done.

Yes, your honor. The notice of public hearing was published on the city of Brighton website on 02/09/2026.

Thank you. And then need to ask council members if you have any conflicts of interest or ex parte communications related to this item. Seeing none. City manager Martinez, who is presenting tonight?

Thank you, mayor. Presenting this next item is senior planner Summer McCann. Welcome back, Summer.

Thank you. Glad to be able to present to you tonight.

Summer never left. It's been that way all winter.

True. Very true. You're welcome slash not welcome. Good evening, mayor, mayor Pro Tem, members of council, Summer McCann. I'm one of the senior planners with the city, and I'm here to present the Bromley Park plan unit development thirty sixth amendment.

The project contact is Cadence Development LLC working on behalf of the applicant and the property owner, Blaine LLC. The location of the property is outlined on the map. The 1.65 acre site is generally located to the Northeast of the intersection of Bowie Drive and North 50th Avenue, South of Chicory Circle, and West of Purple Mustard Court and North of Firestone. To provide some background, the site was last zoned in 2023. It's North.

Under the Brumley Park PUD thirtieth amendment. However, most of the permitted uses and development standards are still based on the previously approved twenty third amendment. The site does not have a specific underlying zone district. Instead, it follows a defined list of permitted uses, and the property has already been platted. The request tonight is to allow a day care as a permitted use and to establish associated development standards that are specific to a day care.

The day care was not one of those uses that was listed as approved under the twenty third amendment. This change falls within the bounds of a major PUD amendment, which is a form of a zoning map amendment. Rezoning is the second step in the land development process with the city. And as the site is already platted, they would just need a site plan before site development can occur. As the Bromley Park land use regulations do not provide review criteria for an amendment process, staff use the conversions of PUD criteria found in land use and development code section 2.04 c.

This criteria most closely aligns with a PUD amendment process. Looking at the property, the site is significantly impacted by drainage and gas easements. These easements this that easement area is generally shown on the screen and totals roughly 60 feet. Within this area, construction is limited to what the easement holders would allow, which significantly restricts the overall use of the property. The specifics specific provisions of this PUD include building design that allows for a reduced window transparency to support privacy and security of the day care, and parking is also being provided at a lower rate than was in the Land Use and Development Code but still reflects the operational needs of a day care.

To accommodate the site layout, the parking lot setback is being reduced from 40 feet to 18 feet while the building itself will be set back 85 feet. To minimize visual and noise impacts, the reduced setback area will be enhanced with landscaping and an eight foot masonry wall to the north. As a reminder, the provisions of this amendment will apply only to a day care, so all other permitted uses on the site would still need to comply with that existing 40 foot setback and the previously approved development standards. Additionally, if there is a change of use in the future after the building is constructed, staff may require further site review to ensure appropriate buffering and screening are provided. Now looking to the land use and development code and making its decision, the city council shall use the following criteria found in section 2.04 c.

In regards to the criteria before you on the screen, the previously approved PUD allows for a range of commercial uses, including restaurant and retail. However, a day care is generally more compatible with the nearby residential uses due to its defined hours, predictable traffic patterns, and limited evening and weekend activity. While the parking lot setback is being reduced, the building setback is being re increased to 85 feet, and there is enhanced landscaping along with an eight foot wall provided to mitigate visual and noise impacts. If a day care is not developed, all of their permitted uses will follow those previously approved standards. And the proposal also includes a safeguard requiring future site plan review if the use changes, allowing for additional screening and community input as needed.

In addition, the proposal must meet all the review criteria for a zoning map amendment. In regard to criteria one, the property's rezoning will help to support policies of the comprehensive plan. The future land use portion of V Brighton, the comprehensive plan, has designated the property as commercial, which aligns with its current zoning and permitted uses. In addition to the future land use, the proposed PUD amendment meets other policies of the comp plan. In reference to those policies before you on the screen, the site is located in an area that is largely built out and has benefited from prior planning and infrastructure investment.

The project functions as infill development on the last vacant parcel within the original planned commercial center, which includes the adjacent King Soopers. The amendment introduces a compatible neighborhood serving use. The proposed day care complements the surrounding commercial and residential development and focuses growth within an area of existing investment. In regard to criteria two through five, the proposal meets these as well. The amendment allows development that fits the character of the surrounding area with setbacks, buffering, screening, and alignment with existing standards.

The building will meet the current code with minor adjustments to window transparency for privacy. The site can be served by city infrastructure, and a future developer will pay the applicable cost to connect. Since the last zoning designation, which was established in 2019, the area has been seen significant residential growth. Allowing a day care on the property would introduce another service that supports nearby families while remaining compatible with the surrounding neighborhood. All posting was completed in accordance with land use and development code.

Those dates are before you on the screen. And city staff also posted information for this public hearing on Facebook and Nextdoor. Prior to any formal submittal to the city, a neighborhood meeting was held on 08/25/2025. And as of the beginning of this hearing, planning staff has not received any formal comments from the public. As for staff recommendations, the development review committee has reviewed this and recommends approval.

The planning commission heard the request on 02/26/2026 and unanimously recommended approval. Staff finds that the proposal meets the review criteria and land use and development code and therefore recommends approval of the Bromley Park PUD thirty sixth amendment. At this time, there are four options for city council on the screen. Thank you all for your time and attention. I'm available if there are any questions, and the applicant also has a presentation. Thank you.

I'd to invite the applicant to come up and share their presentation.

Hello,

City Council members. My name is Lucy Deneen, and I live at 1115 South Downey Road in Denver, Colorado. And thank you for staying awake for us. It wasn't as exciting as the last one. Cadence is a Denver based company that we specialize generally in retail development, but also with national users of retail who have a use that we work with them to find a site and entitle it and help them bring their use to a market.

And one of our clients is KinderCare, and I'll talk about that in a second. Basically, Summer did a really good job of describing the site. But the user, just so you all know, is KinderCare. It's a national daycare provider. They have 1,600 daycares across the country. They are fairly prominent in Colorado. They have about 38 schools here today. They are basically corporate owned, corporate operated. They deal with early education, you know, or day care from zero to four or pre K. And they work with us and they make a long term commitment to this site.

So they have come to Brighton. We drove them to Brighton. They drove around. They know their marketplace. They know their clients.

And they were very excited to be in Brighton and be in this particular area next to the King Soopers and be of service to this community. So really briefly, we had to approach this PUD because we needed to approve a day care use, as Summer said. And in order to accommodate there's a 40 foot high gas pressure easement and a drainage easement. So in order to build this particular project, we needed to address some of the layouts and the wording in the PUD to allow us to orient the building in a certain way, and I'll show you in a second. We worked with planning staff to accommodate their request to make it fit the code and the intent of the comprehensive plan.

We held two Zoom meetings for neighbors. The first, nobody came to. And just to be completely sure, you know, summer had us do it again. So we held a second one. We had one one family, attend it, and that was really good.

We've also interfaced with the gas utilities and the Metro District with the drainage and have their support as well, accommodated what they need us to do. So really briefly, the site plan, we oriented the building so it's facing north, and the back of the building faces the back of Firestone with the two playgrounds on either side. As what we're really trying to do is not put anything with a footer or a building construction in the easement. We can't dig in there, you know, and put a footer or even a deep tree. We can plant high bushes, but not trees.

So that's what you you see basically the layout reflecting. The the we are the we reduce the setback for the parking, but the building setback from the neighbors is significantly greater. So again, PUD changes, don't really need to go over really critically. But basically, we're asking for the use, we're asking for the approval of the building orientation, and some of the other minor standards that help us make this site work. I put this in here so you could get a sense as you look at it at the amount of landscaping we are placing on this site to sort of add additional buffer between the building and the residential.

We have a huge setback from the Main Street, but and we're kind of tucked back behind everything, so it kind of it's not that conducive to more general retail, but we really wanted to respect and listen to the people or the family that showed up at our neighborhood meeting and look at the masonry wall and heavy shrub plantings next to the wall that will grow tall but not have deep roots. I also wanted to show you the elevation, so you have a sense of what we're trying to do is not create something that isn't it's really consistent with the rest of the King Soopers development. Not necessarily day care can look very quaint, but what we've tried to do is make it look pretty contemporary and fit the location. So basically, that's it, and I'm open to any questions you guys might have.

Thank you. Thank you for your presentation. And both you and Summer did well at showcasing this. This is the time for public comment. If anybody wants to speak, there are sign up sheets in the back. Madam City Clerk, anybody sign up for physical public comment or digital public comment?

No. Your

honor. None of that? Alright. We'll go on to questions by the council. Council member Snyder.

Thank you, mayor. I recognize the name KinderCare. They certainly have a good reputation, and we can use some daycare. We have a lot of new homes and homeowners moving in. My concern with this project has presented is your reduction in parking. And I understand most little kids don't drive cars to school, but their parents do bring them. And, my concern isn't the everyday usage, graduations, holiday parties. When you when you have events where the parents are going to be there, that's really my only concern personally about this is that reduction in parking. Why are we doing that, and how are we justifying it?

So really, park they have they probably have 25% of their facilities have about this amount of parking. We just built one in Broomfield that has less than this parking. We also have a traffic study that shows for their core business, this is more than sufficient to accommodate their capacity and their employment. They don't operate like a school where you do a carnival or you do those things. It's really a business for day care, for people bringing their young kids in the morning and picking them up after work or somewhere in the afternoon, depending on their needs. So their operating model does not really have that situation where you would have everybody all at once parking there.

I think one other thing to add is that in the code, we have service uses, and then we have kind of, like, high traffic service uses. And a day care is one of those for whatever reason. But we've actually had quite a few pre applications with day care users who have said that our parking standards are not consistent, with what they are seeing, like, in the market in terms of daycares. So I think that that's something that we probably are gonna take a look at anyways, to kind of bring it more in compliance with just the general service use.

But you don't see their request as troublesome in any way?

I don't. No.

Good question. Next, mayor Pro Tem.

Thank you. Yes. Having spent many years driving up to the daycare and leaving the daycare, when when you have a group of kids who hit the age of five and and leave, it's a small percentage of the kids who are there. So there's not a school wide event for anything. It's just the four year olds who are are leaving, and most of us are tired of paying as much money as we do to walk up each day and and really just want to be far away from there.

My question, though, also is parking, and it's maybe not, I don't know, maybe not fully fair, but not all day care buildings built as day cares remain day cares for all time. So what happens if the everything went dark. I maybe I just had a stroke. What what happens if the use changes and some other commercial entities, say, a veterinarian goes in into that facility later and the parking isn't adequate in the future?

Yeah. I can, I can speak to that? Yeah. So I think that, really, we wanted to build in that safeguard. I mean, that that kind of happens, I think, regardless where we have business licenses, changes of use.

But that's something that we always take a look at when it comes to the business license, how off is this from where the current code parking is. And I think that if there are if there is an option where there's room to add parking, we certainly do that. But, I mean, that that does happen where there would be a change of use, and it might not be keeping up with the current parking standards. But that would be something that we take a look at a building permit. And then in this case, really, the PUD language also has that safeguard where we can go ahead and take a look at the site if there is a change of use.

Can I just I also wanna address it because I we, as an owner, are concerned too if we buy build a special use and we make it unfunctional? So when I don't know how to point this, but really briefly, if you look at where the playgrounds are, you know, if if that were to be readapted and it was a use that required slightly more parking, like you said, I think that you could take this box where the playgrounds are, and you could probably put parking on you know, facing that way and also draw draw the drive aisle all the way down where it we have a right to cross into the Firestone, and you have room to put parks to add to that. So the whole spring round with parks. Does that make sense?

Yes.

That matters to us too.

Right. I I mean, you're the building only. You're not the Kindercare owners.

Yeah. Yeah. Exactly. But adaptability matters to us. It's it's it's a very

expensive building.

Okay. That addresses my my my question. Thank you very much. We definitely need more day care in Brighton.

Yep. Yes. We do. Sure. Councilmember Green. Oh, thank you, mayor.

You know, I actually like the orientation and the layout of this because that actually protects the kids better than having it facing the other way, facing the parking lot. This curves around. They're more protected. You've got the barrier against the neighborhoods. You get to barrier against the busy streets.

I I it may not be great for snow melting, but I do, like the orientation here. I think that's a great buffer. You know, the glory about this gym is that King Soopers has this giant parking lot right next to it that even if every parent decided to come there all at once, I think there would still be enough parking, to accommodate them all. I just it's just a guess. But my question would be that there's the learning experience, which is just on the other side of of Bridge Street along 50th. How many parking spaces do they have?

I don't know off the top of my head, but I will say that it was developed under the Bromley Park land use regulations, which were developed in the eighties. So it's definitely not to today's standards.

Exactly. I don't think that they have I think they have equal or less the parking lots in this. We would be asking for this day care center. You know, in absence of an application from a dental office to a Mexican food place, I'm in full support of this change here.

Probably wasn't in your bingo card account, the parking at that other day

care center. I should have thought of that. I'm sorry.

Alright. Come on. They do. That that was a new one for next time.

I was

preparing for the wildfire code.

Alright. With that, we will close the public hearing. Oh my gosh. This is before council for consideration. Council member Green.

Thank you, mayor. I move on to 60.

And then council member Fiddler.

Thank you, Mayor. I'll second.

We have a first and second to move item 6d. Roll call vote. Motion passes nine to zero. I think it's break time. Let's take a little break, and we'll come back.

Next item, item seven a, an ordinance of the City Council of the City of Brighton, Colorado annexing to the City Of Brighton approximately 88.303 acres of continuous land in the Northeast corner of Section 5 and the Northwest corner or corner of Section 4. Township 1 South, Range 66 West of the sixth principal meridian, City Of Brighton, County Of Adams, State Of Colorado to be known as the Grind Property Number 2 annexation. City Manager Martinez.

Thank you, Mayor. Given that the two items that were consolidated with this item have been moved to the April 21, the applicant is asking that we also move this item to be continued to a date certain of the April 21.

So it is being requested that all three of these are on the twenty first, not piecemeal them in the today and next month? Yes, sir. Alright. Do we need to make a motion on that? Oh, we have it on the floor. Mayor Pro Tem.

Thank you, your honor. I I move that we continue item seven a to April 21 with the other items that follow in sequence.

Alright. There's a motion to move this item to April 21. Council member Collins.

Thank you, mayor. I'll second.

We have a first and second to move this to April 21. Roll call vote.

Okay. Okay. Oh,

here we go.

He he needed one. It's

hurting me.

I was trying to

Motion passes eight to one. Thanks, Tom. You know, you're green and to keep it green, have to vote yes, by the way. Red is a no. Alright.

Alright. We have earlier, we voted to move b and c. So with that, we are all the way over to 11a. 11a, an ordinance of the City Council of the City of Brighton, Colorado, amending sections of Article 13 dash four of the Brighton Municipal Code regarding water dedication and service outside of the city and section 13 dash 12 dash five five regarding wastewater service outside the city. This is a first reading. City manager Martinez.

Thank you, mayor. Here to present this item is our utilities director, Scott Olsen.

Good evening, mayor, mayor pro tem, and members of city council. This first item that I have for you this evening, is an ordinance related to water dedication and extraterritorial utility services. So recently, we've been seeing a demand in the city for some, higher density products, which, also may allow for more affordable housing, in the city. So current city code requires the same water dedication for densities of 11 units per acre or higher. So, basically, our our, water dedication requirements say anything 11 or higher dedicates the same amount of water.

So we worked with our consulting engineers to sort of reevaluate that, look at our usage data. And we are seeing that the more dense products do actually use less water and therefore should be dedicating less water. Also during this analysis, some of the less dense products really in that eight to nine units per acre range could also be reduced. So on the screen now, on this left column here is the density units per acre. The middle column is the dedication required for and we're just talking about unchanged water because that's the most common water that we see.

So this is what is currently in city code. And as you can see, like I said, it stops right here. And any density beyond that would dedicate the same 0.4 acre feet per lot or per unit. So what we have done now is we have extended that out to some of these higher densities that we are now seeing a demand for in the city. And then also, you can see right about here.

So these are the same. And then the next density tier, you can see that we do start to reduce that down. And we go down to this 0.19 acre feet per unit for densities of greater than 18 units per acre. So on to the next item in the ordinance is related to extraterritorial utility service. So we have identified some instances in which approving a request for extraterritorial utility service or service to those that are not annexed to the city may benefit the city and the utility.

So I have one example there on the screen. There's a property at one of the proposed Sable Intersection improvements where the city needs some of the property for right of way for that project. The property does not have anywhere else that they can locate a septic system on that. So in order to allow for the continued use of that property as a residential property, it it makes sense to allow for extra service, allow them to connect to the city's sewer system. So in order to allow you all, city council, to review these individual instances and all the circumstances surrounding them, we're proposing amending the language and city code to require a written agreement to be approved by you all for any extraterritorial service so that we can bring that back to you, explain the reasoning behind it, and let you all make a decision on that.

So staff's recommendation is to adopt the ordinance as drafted. And with that, I will open it up for any questions.

Thank you, Scott. Questions from the council. Councilmember Snyder.

Thank you, Mayor. Hey, Scott. Thanks. Great presentation. I do know of an instance in the past, I'm not gonna mention any names where water and sewage was not granted to somebody who's part of their property we needed. And it created a pretty nasty rift with them in the city. So what we're proposing is if the city is going to be doing improvements that is somehow going to mitigate their ability to have water and sewer that we would consider allowing them to have city water and sewer even though they're not annexed. Is that right?

That's correct. And that's just one example of where staff thinks that it makes sense to connect them to city utilities. There may be other examples, but that's just the one that we came up with. So we would bring the circumstances back to you all and let you decide.

Okay. I think it's a good idea. Thank you.

Alright. Next, mayor Pro Tem.

Thank you. I'll do this in in two parts because the first thing on on reducing the amount of water rights needing to be brought to the city, I absolutely think that we should be, taking this approach and looking at what the actual impacts are. I would really like to do the same thing with the rest of our impact fees because the impact of an 1,100 square foot house on a small lot is not the same as the impact of a 5,000 square foot house on a onefour acre lot. But currently, our code, that's not your problem, but commenting on that in general. The second, your proposal still requires that extraterritorial or, as the city manager indicated, extraterrestrial request be brought to city council for approval.

And I realize that that's the current structure. I'd ask the city attorney as much as you, is there a reason that we need the city council to approve that and can't make that a staff or administrative decision?

Any answer that?

I think that is what city council has preferred historically, is that those requests come to city council.

Yeah. I don't I mean, if there is

no issue of 10,000 people with personal opinions about the landowners to the south of us in Brighton Road.

Certainly. I mean, if there's no legal issue with it, I I think that we could write the ordinance to allow it to be, a decision made by the city manager, if that's what council would like. I know that there have been situations in the past. I don't know all the circumstances surrounding them that that council at the time did want to make that decision.

Yeah. We we've had any number of individual property owners who have to come and petition city council to be able to get water service to their home, and and I I just have found that very odd to be a political process. So I need to think about that one for for a second. I realize that it has been the preference, but it has also been the preference of the city council to determine whether or not you can turn right on a red light at certain intersections and whether or not you should be able to make a left turn at certain intersections on Bridge Street, neither of which are good policy level decisions. My second question on that one is, are we still written in our code that those who live outside of the city limits of Brighton who get water service from Brighton have to pay twice the market rate?

Yes. So that that part is still in city code, and that would be part of the decision process. So in the example that I use because the city is impacting this property owner, it wouldn't seem fair to at least staff that they also have to pay double the rates because we are creating the impact on their property. So that would also come before you. If you if you do want to leave that up to staff, I think that we could also make that decision.

Right. I I find that to be problematic across the board because, again, it depends on the popularity of the property owner with the current city council. And I have not come up with, again, because it's our favorite word of the week, arbitrary and capricious rates, depending on whether we like the the property owner, seems to be ridiculous unless you tell me that there is something about providing service to those people who are outside of the city limits that costs us more to accomplish?

No. I I don't think so as long as, you know, we aren't extending a bunch of utility lines just for one customer, which, I don't see that happening anyway. So, no, I don't believe so.

Okay. Other council members may have additional comments, but, I would sort of lean towards sending this back to work with legal to figure out how we can make this an administrative policy and not a political policy, both in terms of who gets access to the water and in terms of the rates that we set for its usage. Thanks.

Sounds like you're proposing a grown up city.

Yeah. I know. It's time that we're we're not Mayberry.

City attorney Calderon, were you trying to comment?

I as as council member Padilla said, I think we do have to think about the rate one because you as a council pass rates. So you as a council are probably the only ones that can change what you charge, and it is in your rates. In the resolution we pass each year that the outside of city limits, we charge double the rate.

And that might be time for an amendment to the rate resolution. K. That happen.

Alright. Council member Green.

Yeah. I the world is upside down. I agree with the mayor Brodin. I, I mean, yeah, I just this I am getting a headache.

I'm in favor of

being a staff decision. I guess my other question is what about impact fees for these, alien extraterrestrial services? Do they pay the same ones, or are they charged impact fees, or or or do they pay double?

Yeah. So there there is nothing in city code that requires them to pay a different impact fee. It it's just the monthly rates that are currently required to be charged double.

K. So they're and they would pay the same even if we're giving them this option, even though we're taking away the option for them to have a septic, they would still pay the same impact fees as anybody else that would be tapping under our system?

Correct. Unless that was a part of, like, a compensation package where to account for the impact to the property, the city the sorry. The city chose to waive that.

Bang. Bang. I caught you right there. Get the double deck, Maggie. And and, again, I I I think that that might be one of those alternatives that that would help us to get some of these negotiations done right. You know? And so I would be, again, in favor of that. So fly away.

Alright. Council member Carbajal?

Yeah. I just have a question around that. I think it's acceptable that we would allow you guys to make administrative decisions. But is there a possibility that we could put in, like, an amount of money that we're willing to allow you to make that decision like we do on other things? If it's gonna take a lot of infrastructure and tax funding to be able to run utilities out to somebody if it's not part of the city, that we would be sort of allowing that as oversight in terms of being fiscal fiscally responsible.

I mean, I I don't know what

that limit would look like or where we would go.

But

Yeah. I think there's a way that we could do that. That as long as the utilities are adjacent or we could come up with some sort of language. So that, yeah, we we don't say, yeah, we're going to serve you service, but you're three miles away that we have to build a a pipeline to to achieve.

Yeah. I just think if we're gonna adjust it, then we have to put in more language to protect the fiscal the people who live in our community. Certainly.

Alright.

If there's no other questions, this is before council for consideration. Mayor Pro Tem.

Thank you. I I'd ask you, Scott, and the city attorney if I move to postpone this to a date in the future to figure out how to make this an administrative process and figure out appropriate fees and changes to the fee resolution, how much time would you like to accomplish that?

I think we could probably achieve it in thirty days.

City manager Martinez had his name up.

I was just gonna suggest that this is also a first reading, and second reading will be back to you. So you have a couple of different options at your disposal too. If you wanna if you wanna approve it tonight with the requested suggestion suggested changes, you could do that, or you can just ask to be

I think there too many open questions about things like fee resolution for us to be able to amend this successfully.

Yeah. I'd say give them a chance. I think that we've got a good framework here. So at least even if we don't do the all the way, we've at least got this framework to move forward. So and I think they were really comfortable. They brought this here at least. We can fix it a little better on the second reading, that's fine, but I'm I'm more than willing to go ahead tonight.

So you're proposing to approve because this is the

Well, I'm I'm not proposing to approve because I'm not sure I understand exactly what the amendments would be, but I'm happy to withdraw my motion and let somebody else proceed if somebody really wants to proceed with this tonight and and can clearly

Bring amendments in the future.

Explain what the amendments are going to be so that I know what I'm voting for, which I don't know how to articulate them. So if you do, you Okay. You wanna do that?

So you're withdrawing your motion. Someone wants to make a

motion or somebody else wants to make a motion, I'll withdraw my motion.

Council member Green? Postpone.

I I guess, really, the the only thing that, we're discussing wouldn't even be a part of that is the rates. No. But, again, you're we're allowing the the administrative approval of this. That that's really the only thing there. The rates is a completely different discussion.

They're both part of the ordinance in front of us tonight. And so it would be a change to the ordinance for approval. It would be a change to the ordinance for setting the rate and a change to the rate resolution. And I don't know if the right answer is to set it at the same as the city because I don't know from our utilities department if that covers their costs or not.

Wow. Did you wanna make a motion, council member Green?

I move to continue this for thirty days because he's he's not gonna let us do anything. You know? I I'd rather just move it forward and see if we could fix it. If we can't, then we could always turn it down on the second reading.

Well, you can make that motion too.

That's what I'm I'm moving to item 11 a.

Alright. We're moving item 11 a with council member Green. Do we have a second?

As written.

As as written, but with amendments brought to us in the future? Yep. Okay.

I'm proceeding.

Council member Carbajal.

Yeah. I'll second it as is. And if you don't ever change it, cool.

Alright. This first is and second to move this forward, but bringing back changes during the second reading. Roll call vote.

Who's willing to take this?

We'll see where this goes. Motion passes seven to two. Booyah. Alright. Let's

vote on this, but not make it this way.

That's the news. Next, resolutions for utilities item 11 b, a resolution of the city council of the city of Brighton, Colorado approving the first amendment to the lease agreement between the city of Brighton and the Brennan Sand and Gravel Company LLC for the Plant 3 site and a portion of Phase 18 of Ken Mitchell Lakes and authorizing the City Manager to execute said first amendment. And before I send this over, council member today would like to say something.

Thank you, mayor. I have a family member that works for Brandon, and so I'd like to recuse myself from this subject.

Alright. Thank you for being upfront. City manager Martinez.

Mayor, this item is, definitely not something that's movable tonight. You can't continue this item. It is with you tonight.

You can't continue anything.

I'm just kidding. I shouldn't melt my mouth and said that.

That that that's not a challenge. Oh, man. I I knew it. And Scott used to have unanimous votes. Did you see what just happened?

I know. He's challenging, and then I have

to understand. Shame shame on me for that.

Oh, man. Scott Olsen, you're up.

Alright. Good evening again. The next item that I have for you is the first amendment to a lease between the city of Brighton and Brannan, Sand and Gravel related to a portion of the property that they the Ken Mitchell property that they leased from us. So on the screen now, outlined in the, red color is the portion of the property that we're talking about. Just to kind of orient yourself, right here is, the end of Bromley Lane. This is the River Ranch subdivision,

I believe, is what it's called. Yes.

And this is Old Brighton Road right here.

People know that as the Birdcage too.

The Birdcage. Okay.

So just some background. The city purchased this property from Ready Mix Concrete Company, which is a subsidiary of Brandon Sand and Gravel back after they completed some mining activities in the area in 2020. As negotiated, compensation for that property was a seven year lease back to Brannen so that they could continue their ready mixed concrete salt squeegee operations and precast concrete activities. So if you do the math on that, that would equate to approximately $19,000 in rent for eighty four months. So the first amendment to the lease agreement, Brannan wishes to continue operations at the property.

The city does have future plans for this portion of the property as a surface water treatment plant, which would be kind of our next step in water treatment for the city. The design for that wouldn't start till about 2045, if you recall our, last presentation on that topic, and construction wouldn't start until several years after that. So, kinda in summary, the city doesn't have immediate, plans for that portion of the property. So the city and Brannan have negotiated a lease amendment that is mutually beneficial. The initial lease term for that would be six years with three optional extensions for another three years.

If all of those options were exercised, that would come out to a total of fifteen years. So from the date of execution of the First Amendment through the end of the original lease, which is 08/17/2027, the rent would be $14,734 per month. And that sort of reduced rent period, if you will, is to account for the prepayment towards the purchase of the property. So then beginning at the end of the original lease, which, again, is 08/17/2027, rent would be $34,000 per month. The rent will increase by 2.5% for each successive renewal exercised.

All other terms of the original lease will remain in force, one of those main requirements being that at the end of the lease, they are required to remove any and all private property, buildings, structures, foundations, etcetera, from property. So staff, recommends approval of the resolution as drafted authorizing the city manager or designee to execute the first amendment to the lease agreement. And with that, I'll take any questions.

Thank you, Scott. We got questions. Council member Green. Thank you, mayor. Mister Olson,

the use of this as a mining operation has no detrimental effect to our future plans for a water treatment plan. Correct?

So it's not they aren't using it anymore as a mining operation. There's portions still covered under the mining permit, but, no, it doesn't have any detrimental effect.

K. And so there's not gonna be a pit or anything? They're not taking anything away? No. Basically, just using the property?

Correct.

And what is the total, expected compensation we're gonna receive over the life of this agreement?

That's a good question. I didn't do that math. It's about 400,000 a year. So over the initial six year term, that would be $2,400,000.

$2,000,000. You just let them use this little piece of property while we don't have a use for it.

That's correct.

Thank you very much.

Great. Next. Oh, yes. Councilmember Snyder doesn't have any comment anymore. Okay. Alright. No more questions. We got votes to we got motions to be had. Councilmember Green.

I move to approve resolution 11 b.

And then council member Fiddler?

I will second.

We have a first and second to approve 11 b. Roll call vote. Motion passes eight to zero with one recusal. Alright.

Thank you, guys. Appreciate it.

And we're just going to give them a moment to bring council member today back. And then we'll go on to reports. Alright. We're all back. Time for reports. Start with reports by the mayor. I was at the, Adams County Regional Economic Partnership State of the Region event just under two weeks ago. Last Friday, I attended the metro mayor's, municipal leadership academy graduation. Our very own mayor, Pro Tem Padilla, was a part of that, and he was one of the graduates of that program. And I'm sure he'll have more comment on that.

Coming up, I have my doctor Cog meeting. We are meeting, virtually this month due to several that are traveling for the National League of Cities conference. And then, I'll also get online for the, CML policy committee on Friday. Reminder, we have no meeting next week, and we have no meeting on the thirty first being a fifth Tuesday. We will resume our normal council meeting cycle on April 7, three weeks from now, my wife's birthday. Next, we'll go on to reports by department directors.

I do have one report this evening. Scott, you should've just stayed up here.

He was disappointed that we continued items, and not everything's going unanimous for him.

It's okay. He's here again.

Alright. Good evening again. I just wanna provide a few updates on some capital projects that we've been working on. So if you all recall, at the end of the Bridge Street widening project, there was one missing stormwater pipeline that was not able to go in. So if you look on the screen now, this is what the project looked like just, I believe, yesterday.

So the new pipe is in and under the ditch. The ditch is back to the previous condition. And as you can see, the new trail goes across the road. So that brings to full completion the Bridge Street widening project, and everything is done on that. And just to note on this last piece, everything was done under budget and on time. Nice. And then I've got they'll pull up another one real quick.

While you're pulling that picture up, that previous picture made it look like a big wall.

Big wall?

Yeah. It it it looked strange. I'm like, what is that wall? Oh, that's that's two pictures merged.

Yeah.

It looks like a road going into a wall.

These are these are picture collages, if

you will.

That's how golden eagle

So this is a bird's

eye view looking down from from the drone, and this is looking to the Northwest.

So yes.

One picture.

Two pictures. This is one, two, three, four, five pictures.

Oh my gosh.

This is inside the the new LUTs pump station. So up here, we have the the reservoir is completely full at this point. This is inside. These are all of the pumps. All of the pumps are up and operational. They're actually running right now for their test period. If you scroll down just a little bit, just some more pictures of the inside of the piping. This is our friend, the raccoon, that was out there. Our senior engineer wanted to make sure we had that on the update. And then this is inside the control room where all the electrical and controls are.

So that project is going really well, and we're gonna be up and operational diverting some of that water from our treatment plant here in just a few weeks.

Thanks for highlighting those pictures or five pictures that just highlights borders matter.

Yes. Alright. Thank you, guys.

Thank you. Oh, council member Green or I mean, member Snyder had a question.

I'm sorry, Scott. I just had a how about the trails? When will the trails be done and open? The trails? Yeah. Around Lutz Reservoir.

So, Lutz Reservoir I mean, the parking lot and all of the trails and everything are connected. What that opening process looks like, I would have to defer to our parks and rec director. I'm not sure what that looks like.

He'll he'll give a report

on that.

Cool. Thanks, Travis.

That's one way to get him up here.

You're good.

Yes. As Scott mentioned, the concrete trail that goes from under 27th over by Home Depot, it is completed up to the parking lot. The developer to the west is gonna be required to build their trail into it. We're gonna we're working on plans to get some soft surface trail that will go up to the reservoir for fishing access, and then we're looking at everything on the rest of our property out there around the Prairie Lakes open space and how to get some soft surface trail in those areas. But the rest the concrete trail that'll tie into the subdivision to the west will be completed as they work on their side over there.

Do do you know when the public will be able to visit the reservoir?

We've already had public out there visiting the reservoir, but we are working on getting a date for that. We've got some signage we're gonna be ordering to put out there to get everything ready because we know people have been out there fishing already. So we will get that up as soon as we can get it in.

Gonna be mid eighties this week. They're gonna be one out there.

So Wish wishful thinking fishing in the reservoir that just got full. Yeah.

Oh, there's there are fish in there. Yeah. But don't tell everybody. No. Yeah. We'll get signage out there. So Alright.

Thank you. And thank you, Scott, as well for coming up and showing that that culvert's done. I was on Bridge Street recently, and I noticed that sidewalk connection looked like it was done. I thought, looks like we're about done. So good job. Thank you in keeping it under budget. Next, reports by our city attorney. Oh, council member Green first.

Thank you, mayor. And this is maybe for our city manager, but, I noticed that a lot of other municipalities, because we are drought adjacent, are putting forward, water restrictions and the like. What do you foresee or when do you expect that coming to us?

You take my conversation. My city manager update that I was just about to give you.

See, look. Read your mind. Now this a good transition right here.

When it comes to the city manager report, we'll go to city attorney Calderon.

Yeah. I'm I got nothing this evening.

She's got nothing. Okay. City manager Martinez.

Thanks, mayor. Yes. I was gonna mention, in fact, was segue into that from LUTs that, you know, it's a good thing that we have LUTs this year because LUTs will go a long way into our treatment plant treatment plant capacity along with the drought. But as you mentioned, yes, other communities, including Brighton, are looking at the effects of the current drought situation and how it's going to affect us. The thing that we kind of have a step up on other cities related to drought mitigation is that we've instituted some restrictions that are definitely a bit more restrictive than other communities.

So other communities will probably start instituting some of the current restrictions that we have. But given the current drought situation, we may have to look at going into even more restrictive measures in order to conserve water. So that will be coming to you probably within the next month or so.

People just set their sprinklers so when watering season starts every third day, we won't have such a problem.

We're believing there's going to be a giant rainfall or snowfall in the next three weeks. Yeah. Yeah.

Because we can't Remember today, we proposed in a rain dance?

We're actually not very confident in that. But again, as soon as we kind of wrap up our plans, we have some suggestions now. As soon as we have a more concrete plan, which will be very soon, we'll be back in front of

you.

K. We had a nice juicy storm about a week and a half ago that really helped, but I know it's just a dent. So thank you. Alright. Next, reports by city council. I'm gonna start let's start in the mid let's start in the middle. Mayor Pro Tem will go that way, and then we'll go around to council member Collins after that and and with council member Fiddler. So mayor Putnam.

I know that our presenters for our study session would like us to extend this part of the meeting as long as we possibly can so that they can start their presentation at 09:00. But instead of doing that, I'll simply mention that it it was a great thing to participate in the Metro Leadership Academy run by Civic Results. And I would encourage others on the council to look at participating in that program next year. They're looking at applications now. So over the course of the last nine months, I got to do deep dives into housing policy, community security, water rights, water sources, all kinds of stuff about water, economic development, planning and development.

There were a number of sessions with other elected officials from cities around the state. It was really a fantastic opportunity. I think there are going to be 25 people in the next class of this. Definitely a worth worthwhile endeavor to learn more about what's happening, how we are supposed to do this governing thing, and about how other communities, both bigger and smaller, are facing some of the same issues that we do, taking advantage of those who went through some growing pains before we did and helping to center and focus some of the communities who are where we were about a decade ago. So absolutely worthwhile endeavor. I encourage you to look at doing that for next year. Thanks.

And then council member Tadeo.

Thank you, mayor. I have nothing valuable to contribute tonight.

Okay. Council member Green, do have anything valuable to contribute?

See, exactly. That was that word valuable that really got me. She looked right at me. Is it valuable? No. I really I'm I'm just really excited about it, and it'll be this summer that a gas station is gonna open on E 470 on the way to the airport, the Apple Green Convenience Center. That you're gonna be able to get Mountain Dews and gas and some snacks just on your way to the airport before you get to Pena Boulevard on the, south side of the road.

94?

A little a little right around there. Just just right by the, Trash Mountain, you'll have the Apple Green convenience center. And so, pretty excited about that. That's what we learned at the e four seventy board meeting.

Will they charge you to get off and get back on the e

four seventy? The same price. So you'll you'll just be it'll keep track of you, and you'll go back around. So there'll be no additional charge. It'll be just like you just Is it

in the middle?

Yeah. No. It's it's on the south side of the road.

South side

of road. You just go off and go right back on, but it's it'll be just like you never left the road.

Alright. Thank you. Alright. Council member Worth?

Thank you. Yeah. I also eventually made the e four seventy board meeting. Thank you, Councilmember Green. One of the more exciting things over the last couple of weeks is we had our inaugural meeting for the Sustainability Advisory Board.

That was awesome. In that, we reviewed what sustainability is, the city's current sustainability programs, an introduction to some of the grants that our sustainability coordinator has been awarded, which have been substantial. We just got a lot of exciting things coming down the pipe, I think, as it relates to sustainability. And we elected our first officers, so that was good. I also attended the Brighton Legacy found the Brighton Legacy Foundation on this last Monday.

We received a couple presentations by two of our recipients of youth funding grants. So exciting stuff going on there too.

Alright. That's all. Thank you. Councilmember Carbajal.