City Council - Regular Meeting

And welcome to the July 7th City Council meeting for the City of Brighton. The Mayor is out of town this evening, so you are stuck with me, and we have the promotion of Erin Kelm to be our City Clerk for the evening. Let's begin with the Pledge of Allegiance. Councilman Green, would you lead us in that, please? we'll see if we end up normalizing our pace over the course of the next three years okay the first item up is the roll call madam city clerk mayor mills he is out of town this evening

Mayor Pro Tempidio.

I am here.

Council Member Carbajal. Present. Council Member Collins. Here. Council Member Fidler.

Here.

Council Member Green.

I am here.

Council Member Snyder.

Here.

Council Member Taddeo.

Present.

Council Member Wirth.

Here.

You have the quorum, Your Honor.

Thank you very much. The next item up is our consent agenda. And I believe Council Member Carbajal wanted to make the motion this evening.

I'd like to move to accept the consent agenda without item 2C and schedule that for an upcoming meeting.

That would be a date certain of July 21st?

Sounds great.

OK. Do we have a motion to approve the consent agenda sans item 2C? OK. In the interest of time, I am seconding that motion. Call for a roll call vote. Yes.

Yeah, my reason around that is just that I'd like to have a discussion around it, and I could have asked to move it to 11C tonight. However, since the mayor is not here, I think that we should wait so that we can have a discussion inclusive of everyone.

Just as a note, if that motion doesn't pass, we will get to consider each item on the consent agenda as a separate vote. OK, with a 7 to 1 vote and the consent agenda requiring an unanimous decision, we will take on each of the items on the consent agenda. Let's do them in a couple of chunks. So Madam City Clerk, let's put up a discussion or a vote of item 2A, which is the approval of the June 2nd City Council minutes. Do we have a motion to approve those minutes? Council Member Fidler.

Thank you, Acting Mayor. I move to approve item 2A.

Thank you. Council Member Worth.

I'll second that.

Thank you. Roll call vote for item 2A. That passes eight to one. Okay, now we'll need a motion. I'm sorry, eight to zero with one absent. Sorry. Moving on to item to be resolution of the City Council approving the purchase and sale agreement. Do we have a motion for item to be councilmember green

I move to approve item 2B.

Thank you, member. Council Member Tadeo. I'll second that. Thank you. Let me just read that because I did not have the city clerk read the entirety of the consent agenda, so that becomes my fault and my problem now. That is a resolution of the City Council of the City of Brighton, Colorado, approving the purchase and sale agreement with Platte Land and Water LLC for real property, water shares, and reservoirs. That has been moved and seconded, and a roll call vote. Item to be passes 8 to 0 with one absent. Now we're up to item to see a resolution of the City Council of the city of Brighton Colorado appointing council member green as a member of the downtown development authority with a term to December 2027 and appointing mayor Mills has an alternate member of the downtown development authority with a term to December 2027 with a motion on that item. You can move not to pass it. You can move to reject that item. You can move to postpone that item, or you can move to pass that item. Council Member Snyder.

I move to approve 2C.

Thank you. Council Member Tadeo. I'll second that. OK. Do we have any discussion with the motion on the floor?

Can I ask legal counsel? Alicia, are we doing this in alignment with how we do this item? I just don't know.

I'm not sure what you're asking. So right now, there's a motion and a second. So there's a vote to be had on the actual item that is before you this evening. If you had wanted to do something like continue it, that should have been made. But you now have a substantive motion.

You also have the opportunity to make a motion to amend the original motion or to I guess that would be the only option would be to amend it at this point. So you could vote to amend it or you could speak against it. Yes, ma'am.

Just next question is since we voted for this at the beginning and it was 7-1, doesn't that continue it to next week or do we have to go back and revisit this item as well in terms of policy? Consent.

The consent agenda has to pass by a unanimous vote. That's the point of consent. So by passing with seven votes in favor and one against, it still requires each item on the consent agenda to be voted on separately.

Perfect. Thank you so much. And then, if it's okay with you, Mayor Pro Tem, then I would like to speak based on this. I wrote Mayor Mills right before I came after seeing this agenda item. My hope is we have an opportunity to talk about who's serving on this and what skills we bring to it. I love that Green's on that. I don't know that these are the best fits or not the best fits. I just would like the opportunity to plead my case as a small business owner. to have an opportunity to sit or you jim knowing that or if there's somebody else at the table who might be a really good fit for the dda i just like to open it up for discussion i'm not saying that i have a direction per se and i wrote him just so he knew that i was going to do that this evening i would ask the city attorney to also clarify for us what is our process for an appointment to those committees i think that's identified in our rules uh thank you acting mayor

yes your rules say that the mayor submits an appointment to be made with the advice and consent of city council such appointment shall be ratified by majority vote at such meeting or future meeting so you are the ratifying body um and that is what's before you this evening okay um opening up for any additional

Comments wouldn't hit your button. So I know you're you're interested in speaking Councilmember Snyder.

Thank you, sir Be perfectly honest on this manner. I wish the mayor would have appointed me However, it is the mayor's position to appoint these on things and I think Tom would do a fine job So I will leave my motion to approve this to stand. I

Councilmember Green.

And I would just say that I did not advocate for this position. The mayor called me and asked me if I would serve. And I said I wouldn't.

Okay. We have a motion on the floor for item 2C. Okay. Councilmember Fidler.

The mayor shall at any meeting submit an appointment to be made with the advice and consent of city council. And, you know, this one's out of cycle, but normally you're right that the mayor, I believe, meets with each council member individually when you're first elected to go over these.

I do know that the mayor spoke to some of the people who were potentially interested in it about the role, but I don't know that he asked any of the council members their opinion about any of his appointments. Okay, other comments? Okay, we'll go to a roll call vote on item 2C. Okay, item two C fails by a vote of five to three with one absent, which means that this will be revisited and represented at a later date. I'm going to ask the city attorney if there's any way to regroup the remainder of the consent agenda into a new consent agenda motion or do we need to keep going through this one at a time? We will continue our movement through the consent agenda. Item 2D is the resolution of the City Council of the City of Brighton, Colorado, appointing Darren Natyal as a member of the Downtown Development Authority with the term to June of 2030. Council Member Tadeo. I would like to move item 2D. Thank you. Council Member Fidler. Thank you. Any comments? Roll call vote. Okay, that item passes 8 to 0 with one absent. Moving on to item 2E, a resolution of the City Council of the City of Wrighton, Colorado, appointing Michael Cox as a member of the Downtown Development Authority with the term to June 2030. Councilmember Snider.

I'll move 2E.

Thank you. And Councilmember Carbajal. I'll second. Thank you. Roll call vote. That item passes 8 to 0 with one absent. Moving on to item 2F, a resolution of the City Council of the City of Brighton, Colorado, appointing Christina Geiger as a member of the Downtown Development Authority with the term to June of 2028. Council Member Snyder.

I'll move 2F.

Thank you. Council Member Tadeo. Thank you. I'll second that. Thank you very much. Roll call vote. That item passes 8-0 with one absent. Item 2G, a resolution of the City Council of the City of Brighton, Colorado, appointing Willie Strohmeyer as a member of the Downtown Development Authority with a term to June of 2027. Council Member Fidler.

Thank you, Mayor Pro Tem. I'll move to approve 2G.

Thank you, Council Member Snyder.

And I will second the movement of 2G.

Thank you very much. Roll call vote. That item passes 8-0 with one absent. Item 2H, a resolution of the City Council of the City of Brighton, Colorado, appointing Christina Ziegelbaum as a member of the Downtown Development Authority with a term to June of 2028. Council Member Carbajal. I'll move to approve 2H. Thank you very much. Council Member Worth.

I'll second that.

Thank you. Roll call vote. Yes. Let's do it. That item passes 8 to 0 with one absent item to I resolution of the City Council of the City of Brighton Colorado appointing Erica Horiuchi as a member of the Downtown Development Authority with a term to June of 2027 Councilmember Carvajal.

I'll move to approve to I thank you very much.

Councilman Fiddler.

Yeah, you may approach him. I'll say it.

Thank you. Roll call vote. That item passes 8-0 with one absent. Item 2J, a resolution of the City Council of the City of Brighton, Colorado, appointing Tracy Morris as a member of the Brighton Housing Authority to fill an unexpired term to January of 2030. Council Member Tadeo.

I would like to move 2J, please.

Thank you very much. Council Member Collins.

I'll second that.

Thank you. Roll call vote. That item passes eight to zero with one absent. We have now gotten through our consent agenda. Maybe it's time for a break. No, OK. Let's move on to a motion to approve our regular agenda. It's the pleasure of council. Council Member Green.

I move to approve the regular agenda.

Thank you very much. Council Member Worth.

Thank you, Mayor Pro Tem. I'll second that.

Thank you. Roll call vote. Okay. Our regular agenda passes with a vote of eight to zero with one absent. Fantastic. We're moving on to ceremonies and we are now on for a part one, which will be the swearing in of our new board and commission members for the downtown development authority. Uh, that's just city manager who is managing this for us.

Thank you. At this time, I would ask anybody who is being sworn in to meet Aaron Kelman at the podium to do such.

This is specific to the Downtown Development Authority. We will then do the housing authority separately.

Your last. So DDA folks, come on up. Inaugural board of the DDA.

I STATE YOUR NAME.

MICHAEL HACK. DO YOU SOLEMNLY DECLARE AND AFFIRM? SOLEMNLY DECLARE AND AFFIRM. FOR THE CONSTITUTION OF THE UNITED STATES. CONSTITUTION OF THE STATE OF COLORADO. THE OFFICE OF THE BRIGHTON DOWNTOWN DEVELOPMENT AUTHORITY MEMBER.

Thank you. So before any of you sit down, I'll ask if any of you have any words you would like to share with the community this evening. Okay. And short that, I'll ask you to come here in front of the dais with the city clerk and let's take a photo of our inaugural DDA members. with the full council here. Okay, now let's move on to Item 4A, Part 2, which is the swearing in of our new member of the Brighton Housing Authority Board.

I state your name. I, Tracy Morris. Do solemnly declare and affirm.

Do solemnly declare and affirm.

That I will support the Constitution of the United States. That I will support the Constitution. of the state of Colorado Brighton Municipal Charter the office of Brighton Housing Authority member faithfully perform the duties of the office I am about to serve

Tracy, do you have anything you'd like to say to us this evening?

I just want to thank you for this opportunity.

Thank you. If you'll hold on, Council Member Taddeo and the City Manager and I will come down and take a picture with you. She's on the phone. Okay, next in our ceremonies, we have the fact that this month is Parks and Recreation Month, and June 17th is Parks and Recreation Professionals Day. And we have proclamations for both of those, but I'm actually going to ask the director of our Parks and Recreation Department instead to come forward with anybody from the team and talk to us about those two events, rather than reading all of the text of them to you first.

Good evening, Mayor Pro Tem, excuse me, Mayor Pro Tem and Council. Thank you for having us tonight. We want to thank all of you for your continued support for everything that we do. It's very much appreciated. And I know Carly has a few things to say, and she'll tell you about something else you'll get to see very shortly.

Thank you, Mayor Pro Tem, members of council. Parks and recreation does so much more than just maintaining parks. It creates spaces where families gather, children play, and communities connect. And I'm incredibly grateful and honored to work along the entire team at Brighton, whose dedication and hard work make all of this possible every day. So thank you, Council, for your continued support and for recognizing Parks and Recreation Month. Be sure to keep an eye out. We have a very fun video getting posted at the end of the week highlighting some of the amazing facts about Brighton's parks and recreation facilities and also the team and how they help make our community a great place to live, play, and connect. Additionally, this Saturday, July 11th, we will be hosting a baskets and baskets event at Benedict Park where we will be helping kids play frisbee golf and promoting some picnic baskets. So it's coming out to the parks and enjoying the day. So we hope to see you guys there. And if anything, check out our social media. Thank you.

Thank you so much. We have an amazing team. Oh, that's right. We should do a picture. Sorry. All right. I wasn't paying attention to that part. I'll be right there. Okay, we are now up to item five, which is our invitation to the public to be heard on matters not on tonight's agenda. I have one person who has signed up for this this evening. If you missed your opportunity to grab a sign-in sheet, they're at the back corner, and then you can give them to the city clerk. Mr. Lampo, you're up.

All right. Hello to everyone. Hello to Brighton. Happy 250th. Hope everybody enjoyed their fourth celebration. It's great to be in front of you this summer night. 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 ask that you would be here tonight with us to guide us in our thoughts and decisions. In your word in Psalm 24-1, it states, The earth is the Lord's and all its fullness, the world and those who dwell therein. You always welcome in Brighton, but everything is already yours. So thank you for welcoming us into your presence. In the last few weeks, you have provided us with some moisture. As you know, we could use more. Colorado has nine wildfires burning. Late last month, we lost three firefighters. We lift up the families and friends of those firefighters to you. We ask that you comfort them. The drought is affecting all of us. Your word is your truth, and we can find you within it. Ephesians 3.20 states, Now to him who is able to do immeasurably more than all we ask or imagine according to his power that is at work within us. Your love for us is beyond measure. You're the way out of all our predicaments. Our asks and imagination can be great. None of us desire to be in the drought we are in, so we ask for more moisture and imagine our rivers and streams with flowing water and our lakes filled with water. Grant success to all those that are working to extinguish the fires and keep all of them out of harm's way. The same power which has brought us salvation is the same power that brings us moisture. Direct moisture to our state and be mindful where there is fire. We are celebrating 250 years as a nation. The nation has been well tried. We've experienced success and failure, good times and hard times, expressed love to our fellow citizens and hatred. We are people and we all have fallen short of what you would want us to be. On May 17th of this year, we rededicated our nation to you. One minute. Now as we look forward, we'll claim Proverbs 3, 5 through 6, which states, trust in the Lord with all your heart and do not lean on your own understanding. In all your ways, acknowledge him, and he will make straight your paths. We recognize you as the Lord and creator of all things. Nothing escapes you. You know the beginning from the end. As we move forward as a nation, in humility we come before you and ask that you would direct our paths so the nation can be everything you wanted us to be. You are our God, and we are your people. In Jesus' name we pray. Amen. Thank you, guys. Have a nice night.

Thank you very much. Okay, moving on to our business items for the evening. First up, we have item 7A, an ordinance of the City Council of the City of Brighton, Colorado, approving the right-of-way vacation for an approximately .495-acre portion of right-of-way generally located north of East Bridge Street, south of Royal Pine Street, east of Apache Plume Street and west of the Spear Canal, more particularly located in the southeast quarter of Section 2, Township 1, south, range 66 west of the 6th Principal Meridian, City of Brighton, County of Adams, State of Colorado. Mr. City Manager, who's going to speak to us this evening?

Thank you, Mayor Pro Tem. Presenting this item this evening is Associate Planner Gray Shipman.

Thank you. Welcome, Gray.

Good evening, members of City Council. Tonight, I'm presenting the staff analysis of an application to vacate right-of-way along North Golden Parkway. This right-of-way vacation is associated with Brighton Crossing Filing 9, which is the subject property shown in the map. I presented the staff analysis of the Brighton Crossing Filing 9 subdivision plan back in March, which City Council approved. When I presented, I had mentioned that City Council would soon be seeing an associated application to vacate right-of-way, and this is it. The project area is generally located north of East Bridge Street, south of Royal Pine Street, east of Apache Plume, and west of the Spear Canal. In 2003, a 70 foot wide piece of land was given to the city as right-of-way for a street. This right-of-way was used to construct North Golden Eagle Parkway, which was completed earlier this year. The proposed right-of-way vacation would convey roughly half an acre of excess right-of-way to private ownership. The reason I characterize this as excess right-of-way is because not all of the right-of-way was necessary to construct North Golden Eagle Parkway. And according to the City's Transportation Master Plan and the City's Public Works Department, there are no plans to widen North Golden Eagle Parkway in the future. This right away vacation would enable the developer to construct a private roadway that would prevent vehicles on residential lots from backing directly on the North Golden Eagle Parkway, which is a busier collector roadway. In the Brighton Crossing filing 9 subdivision plan, the developer depicted a private one-way road that runs north to south, roughly parallel to North Golden Eagle Parkway. And there will be a landscape median dividing the two roads. In the image to the left, you can see the extent of the proposed private roadway highlighted in red. In the image to the right, you can see the proposed right-of-way vacation area, and this closely conforms with the extent of the private roadway. Staff asked the applicant to extend the proposed right-of-way vacation further south, and that was just to make it easier to keep track of the areas that will be maintained by the Metro District versus areas that will be owned and maintained by the City of Brighton. The private roadway doesn't meet all of the city's public roadway requirements, so staff believe it would be best if the roadway was privately owned and maintained. In accordance with state law, the proposed right-of-way vacation area would be given to the adjacent property owner, Brighton Crossing LLC. Brighton Crossing LLC is the applicant for this right-of-way vacation and is also the developer for Brighton Crossing filing number 9. On the screen, you can see the review criteria that city staff and city council should use when evaluating an application to vacate right of way. I'll just briefly go over staff's analysis of these requirements. There's no purpose for the right of way and there are no plans to further widen North Golden Eagle Parkway. The right of way is not necessary to meet any of the requirements of the land use and development code. Because the vacated right of way would be used to construct a private roadway to alleviate traffic conflicts, it actually helps further the intent of the code. Staff have required the developer to provide utilities meant to the city which will become active if the right away vacation is approved. The applicant is also providing an access easement for the public's use which ensures the lots along the private road we have a legal right to access the street. The Jason property is owned by the applicant brain pressing LLC and there are no adverse impacts on other nearby properties. And finally the right way vacation application meets all the necessary legal requirements. The land use and development code does not require notice to be published for right away vacations. However, we still publish notice to the city's website on June 17th. City staff finds the right away vacation application to be in compliance with the requirements of the land use and development code. Planning staff and the development review committee have reviewed the application and recommend approval of the right away vacation. The options for how to proceed are on the screen. There's also a representative from the applicant's team who's here in attendance tonight. And thank you all.

Thank you very much. Council Member Green has questions.

Thank you, Hector Mayor. You know, I kind of look at these things with a hawk eye, and I'm kind of wondering, is that current trail, that walking trail, will that just become the sidewalks for those houses, or will that still be a bike trail? Because it looks like it abuts right up to the new North Golden Eagle Parkway.

Let me see. I have a supplemental slide in here. This might help depict it a little bit. So this is just showing the two roadways. You have North Golden Eagle Fork on the western side and then North Golden Eagle Parkway immediately to the east. There will still be a... It won't be exactly tree long because it'll be too narrow to support trees, but there'll be a narrow space of 4 feet between North Golden Eagle fork and the start of the sidewalk. That sidewalk width will still be wide enough to meet the requirements to be considered a trail for the city.

But it does become, if the plot is correct, it does become the sidewalk for these houses, correct?

Yes, immediately in front of those homes that will function as the sidewalk. And there will be driveways that will go across? Yes, that's right.

All right, thank you.

Okay, other questions? This is before council. We have a motion on item 7A. Council Member Snyder.

I would move to approve 7a.

Thank you. Council Member Taddeo. Thank you. I'll second that. Thank you. And we'll call a vote of council. This item passes 7 to 1 with 1 absent. Thank you, Greg. Note that I didn't cause that one. I made no comments in advance. Excellent. OK. Item 7B is an ordinance of the City Council of the City of Brighton, Colorado for the regulation and licensing of haulers engaged in the collection, transportation, and or disposal of solid waste within the City of Brighton. Mr. City Manager, who gets to talk to us about this fund?

Thank you, Mayor Pro Tem. I will ask our sustainability coordinator Tracy McLean to come up and introduce our consultant. And while they're both coming up, I want to take a moment to thank Tracy and Audrey for the amount of work that's gone into this. As you all know, we've been discussing this for a very long time. It's been a very heavy lift. And I'm pleased with final product that is before you this evening. So thank you for the work and I will turn it over to Tracy.

Good evening, Mayor Pro Tem and members of Council. It is wonderful to be here with you this evening. And Michael kind of took the words out of my mouth. As many of you know, this has just been, it's been a long project and we made sure that we did our due diligence and we did all of our outreach. And I also would like to thank Council for providing feedback throughout the process because I think that what we have now is a really strong ordinance that is adapted to our needs in Brighton. So I will turn it over to Audrey and she'll take us through the presentation.

Thanks, Tracy. My name is Audrey Wheeler. I'm a consultant with EcoCycle, and I'm part of the project team that is providing technical assistance for the City of Brighton on a hauler licensing ordinance. As a reminder, this project is part of the Strategic Technical Expertise for the Public Sector, or STEPS, program funded by the Colorado Circular Communities Enterprise. Today we are bringing you the hauler licensing ordinance for first reading. And just to go over what's different in this version, we heard from you at the last meeting that we had to make a few changes. So one of those changes is that there is now no license fee for waste haulers to register with the program. So we removed any fee. um we also don't have any mention of pay as you throw in there we had talked about that a couple meetings ago but just as a reminder that is not in this final ordinance at all and we also put in an exemption for junk haulers so come there's a definition in the ordinance on what makes a junk hauler but you know someone who might supply hauling for certain items or at a random timing but doesn't do regular trash and recycling hauling for residents Also, some clarifications to go over on what is in the ordinance. Residents are not required to recycle, but haulers are required to provide recycling service to residents. So if a resident receives a recycling cart at their house and they don't want it, they can talk to their hauling company and return that cart, and that's up to them if they want to do that. Also haulers are not required to provide organics or compost collection. That's not in here at all. It's just that if a hauler provides trash services to residents, then they also need to provide the recycling services. And as a reminder, we began this work because Council identified a greater need for oversight and accountability in Brighton's waste collection system. The hauler licensing program can improve transparency, improve data collection, and set safety and operational standards for hauling companies. It also holds haulers accountable for any illicit discharges, puts in place customer service standards and operating hours. This ordinance will expand recycling or access to recycling for residents by that requirement that residents have recycling along with their trash. And that will be paid for by Colorado's producer responsibility program. So it should expand recycling for residents with no cost added to their recycling and trash bills. It maintains an open market so residents can still choose whatever hauling company they want to pick up their trash and recycling. And hauler licensing is consistent with regional best practices and peer communities in the area. And just a quick review of what is in this ordinance. There's an application, which includes contact information, vehicle information, which facilities haulers are using, insurance requirements. And the haulers that need to apply for a license include those that provide trash recycling, compost, and construction and demolition debris services. The hauler also has certain requirements for vehicles to meet. There are labeling requirements. So labels are required on both vehicles that they use, as well as carts, the bins that people have at their houses, so that people know which company those vehicles or carts belong to. There are required operating hours from 6 a.m. to 9 p.m. There's annual reporting requirements for haulers, which includes the things listed here, weight in tons, total service accounts, education and outreach activities about recycling, and how much tons they are bringing to the destination facilities. And the ordinance also has information about enforcement and penalties if hauling companies don't comply. And finally, the ordinance requires recycling collection service. So any hauler that provides regular curbside trash services must also provide recycling service at no extra charge for single family and multifamily homes. And that's contingent on the producer responsibility program that I mentioned, which will cover the costs of recycling for residents. There's a minimum of biweekly or every two weeks recycling collection frequency. And hauling companies must provide verification that collected recyclables are delivered to and processed at designated recycling facilities. So recycling is not just getting dumped in with the trash. And to make sure that there's proper disposal of all the waste streams, including solid waste, recycling, and organic waste or compost. So that is my very quick overview. Tracy and I can take questions if you have any.

Thank you very much. I also appreciate the amount of time invested in this, the effort invested in it, and the fact that it's come before the council several times for feedback feeding into the final ordinance here. Council Member Tadeo has questions.

And that was what I was just going to say. I'm just kidding. It was, truly. I appreciate all your hard work. I know we've had lots of conversations about it. So I imagine that I'm going to get this question. What if you currently have trash service and you currently pay for recycling service and then this goes into effect and it's free? Do then that resident, if they choose, do they have to, how does that, do you understand what I'm trying to ask? Is it going to be free with the service that you're already paying for? Are they then going to have to stop charging you? Or do you have to start anew with a new company to get that deal?

Yes.

Sorry, I'm not speaking very well tonight.

Program producer responsibility, which is being managed and run by Circular Action Alliance, is being rolled out starting this month, July 2026. So all of the hauling companies, whatever hauler this person has in your scenario, whoever's currently picking up their trash recycling should be working with CAA to iron out the details on reimbursements for recycling. And once they have that contract in place with CAA, then waste hauling companies that are currently picking up trash and recycling will get reimbursements for the recycling costs. And they, by law, are required to pass those reimbursements on to their customers. So customers shouldn't have to change anything. If they already have trash and recycling, they're good. They don't have to do anything different, but they should see their bill go down in the next few months. Love it. Thank you.

Okay. Council Member Snyder.

Thank you, Mayor Pro Tem. Tracy, I have been a bit cantankerous about this, and I want to thank you and your staff, your consultants, the work you've done on this, the effort you've put in. I am 100% completely happy with this, and I really do appreciate you listening to the council, taking feedback, and working so hard to bring us something that I think will be good for everybody in Brighton. So thank you.

Council Member Green.

Great presentation. I guess I joined Jim, and I was one of those cantankerous ones. I appreciate the feedback. You listened to us, and you changed it, and you gave us something that I think we can all be palatable with. I guess I just want to clarify something. There's no recycling requirement for construction and demolition services, correct? It's residential only? That's right?

Yeah, that's correct. There's only recycling required with residential trash service.

That's all I wanted to hear. Thank you.

I have a couple of questions on it, specifically about the bins, or as I see it in the ordinance, containers, and labeling requirements. the container that i have from waste management is not labeled on the street facing side of the container it's on the side of the container suddenly are they out of compliance with the ordinance that we put in place it's section 5 12 50 labeling requirements

Yes, that is a good question. So I apologize if the wording was a little confusing, but it says any vehicle or container transporting solid waste by the hauler shall have a label containing the company's name and phone number either printed on the right side and the left side or the street facing side of the container. So it can be either on the sides or the street facing side.

So that container is referring to something like a roll off bin that's on the truck as opposed to the little carts that I roll out? no it would be for the um it would be for the trash and recycling carts okay so it sounds like they would be in compliance if it's on the sides you said it's on the sides it's not on the street facing side unless unless i put it sideways on the curb and is then is it my accountability for them to be in compliance so it feels like there's a little bit too much detail there that suddenly i don't know how to enforce

Yeah, yeah. No, it's it's either on the sides or the street, just the one street facing side.

So it can be either or left, right and left side of the vehicle or street facing side of the containers that been also a vehicle then.

It's the right. Yeah. And like I said, I'm sorry if the wording was confusing. It's either it's it's either on the right and left side of the container or the street facing side of the container. So either labeling would be sufficient.

uh for this ordinance not quite how i read it but i don't really picture code enforcement going down the street to figure out uh is that right or wrong but my other question on that we have a popular carrier or a hauler in town that was recently sold to another how does whose responsibility is it to trade out the bins or put new stickers on the bins if that hauler is no longer in place or if i bought a bin from uh home depot and my hauler is perfectly willing to pick it up who's responsible for labeling it so the the company that acquired the other waste hauler would then need to meet the requirements of the ordinance and how do we hold them accountable for doing so if they email if they mail me a sticker and say hey we're your new company please go slap this on the container and i choose not to do so are they out of compliance they would be out of compliance if they're not meeting the labeling requirements so they would need to send somebody to go stick a new sticker on each bin on among their first routes

Yeah, they would just need to make sure that the labeling requirements are consistent with what we have in the ordinance now. Did that answer your question?

It did. Again, I don't really picture that the police chief has enough time to send code enforcement to go chasing after whether there's ABC hauler on the side of the bin on my property. curb but sometimes i wonder if there is no enforcement mechanism and there's no purpose for enforcement why write an ordinance for such a thing so i sometimes get a little worked up about we've put enough work into this that i'm certainly not going to step in the way of this one on this one but uh i don't love the verbiage there uh i'll go ahead and hand it over to councilman worth

Thank you, Mayor Pro Tem. And thank you, Tracy. So I've got a question. I'm going to kind of double down on Mayor Pro Tem's questions. If you have, in my case, I bought a container from the company that got sold to the other company. So I own that. And One, is there a requirement within this that you can't have your own containers? That would be question number one. Secondly, it would be, yeah, I mean, who's going to – I mean, mine not only is mine, but it's certainly labeled with the wrong company at this point. So it's just – it's fairly confusing on all that.

Yeah, good follow-up question. So Council, and I think that this kind of piggybacks off of the pay as you throw conversation that we had where Council expressed interest in not having different bin sizes, not having different bin requirements. So having the haulers provide specific size containers for trash and recycling is just consistent with what we had heard from Council before. we would want them to provide those you know 95 gallon bin recycling and 95 gallon bin trash receptacles just to be consistent with um with those requirements so we um we would not want you using your own or being encouraged to use your own by a hauler instead we would want them to give you the proper size and properly labeled bin okay so they should they should provide me with one and i should probably recycle my old ones Yeah, and they'll have to provide it to you at no cost.

Right.

They'll happily charge you $200 to remove the one that you want to get rid of.

Maybe, maybe. I don't expect that, but maybe. Okay, thank you. Appreciate that. Okay, Council Member Carbajal.

Yeah, I just want to say I really appreciate this work. I love that it's still an open market. I think that was really important. We're not saying or mandating what the people in our community are doing in terms of who they're providing or is. I like the no-cost programming. I'm glad that we're partnering to make sure that we can have recyclable. And you came back with the feedback that everyone gave you, like, we don't want to enforce it, but it's an opportunity. And we're going to encourage it through education. I appreciate that a lot. To go with this trash company and the switch out of things, just to piggyback that, I also have that trash company. And I would love if they just had a conversation with me. So I welcome them bringing me a new sticker. So I think it just depends on who you are, where you're going. But the idea that there's some consistency, I think, is important. And we start to mandate who's operating. And I love everything about this. And it doesn't put that pressure on our community members. And I appreciate that.

Thank you. Anybody else want to speak for the first time before I return to Council Member Green? Okay, Council Member Green.

Yeah, thank you. I got a couple of things to clarify that this whole conversation is dug up. There's no requirement to have a standard size bin here. I don't see anything in there that says everyone has to have the same size bin. They can have a different one. We're just not requiring the garbage companies to offer it. Is that correct? Because you were saying that they all had to be a standard size. There's nothing that says they have to all be the standard size. If somebody wants to have a smaller bin, they can't.

Yeah, they're just they're not going to be offering different bin sizes because that's pay as you throw. So whatever the standard size is, which typically standard size is 95 gallon.

We were. They could still offer it. We are not requiring pay-as-you-throw. That's the difference here. Correct. They could still offer it. We're just not requiring it. Yes. The second thing is this labor requirement. Again, there's still a little bit of gray area of which side. I don't think that's clear in the labeling, but you've also realized you've just made every bin in Brighton illegal because they don't have the phone numbers on there. So they all say waste management. Not a single one of them has a phone number. So if this passes, every single bin that's right out there now is illegal because they don't have the phone number on there.

I would have to verify that. I think that most of them do have the contact information on the side of the trucks and the labeling.

Not the truck. You said the bins.

Yeah, the trucks and the bins are required.

And the bins. And I do not believe the bins have the phone numbers on them. They only have the company name. So if this passes, you've made that all illegal.

I would note that my bins have a website address and not a phone number. So the fact that a phone number is required on the bin that I roll out from my garage would make all of their pre-printing for the company that I use not compliant with the ordinance.

Yeah. Well, we're happy to take out the phone number specifically if council would prefer that.

We have some people ready to make a motion, but certainly if I were going to make the motion, I would want to remove the labeling requirements for the collection bins for the containers that sit at the residence. But that would be me. The motion, the person asking to make a motion is Council Member Fidler.

Tracy and Audrey, thank you very much. I would echo all the kind words, well-deserved. And I would move to approve item 7B with the addition of removing the labeling requirements so we don't have problems with that. Did I capture that for you?

You did. Thank you. I like that language. Council Member Carvalho.

I want a second, but can I grab clarity? Is that removing just the phone number or removing any title that they belong to a waste company?

I don't care. Ask Mayor Pro Tem what he would like it to be. And I'll clarify. I would remove the phone number only because that's what I heard you say. Does that still sound okay?

I'd like to second that then. I'll second that.

We have a motion and a second on the floor. Roll call vote unless anyone has additional comments.

Not seeing any.

Let's vote. Okay, the motion passes 8-0 with one absent. The hardest ordinance to get through the city in some time. Excellent work. Thank you all very much for all of that work. okay we then suddenly have advanced quickly to item 12 and reports and we'll start oh good heavens with reports by the mayor and I really hadn't even had a chance to think about what I might have to say but that's good because we've been off for a couple of weeks I don't have any significant reports it was great to see a number of people at the Colorado Municipal League conference that was a great conference and very glad of the learning that I hope took place there and then we have a Brighton Housing Authority board meeting this week and I'm so excited that Tracy Morris will be joining us at a board member at that meeting that is the end of what I have to say we'll make it a short report and turn to the city manager for reports by department directors they have none this evening thank you I thought that Christian was going to offer us a report this evening just for fun

She has a lot of fun. We had an opportunity just for just got back from vacation, though, so she's not ready.

Well, I was expecting a book report on exciting vacations of department directors from the city of Brighton. That's OK. We'll move on to the city attorney.

Thank you all for joining me at CML at the wonderfully exciting attorney luncheon on Thursday. I was elected president of the attorney section, so thank you. That means you'll see me next year at CML.

Congratulations. That is a reward for being vice president for a year and leadership in CML.

and serves as another example of the fact that brighton is a leader in the region okay moving on in our reports to the city manager thank you mayor pro tem i believe we have a board and commission update for you this evening um i will go through these quickly but i do want to highlight one uh so starting with parks and rec advisory board we are down to one alternate member open we have three members of bura available for uh folks who are interested The one I really want to highlight is our Historic Preservation Commission. Unfortunately, we're down to two members of the Historic Preservation Commission. So we're close to not having, in fact, we do not have a quorum at this point. We do have an alternate that may be interested in being seated as a regular member, which may save the quorum. but we need folks to serve on the Historic Preservation Commission. So if you know anybody, please encourage them to apply. We are whittling away the Housing Authority vacancies as well. It says that we have three, but we are down to two members and an alternate. We have one District Plan Commission member, two youth members for the Sustainability Advisory Board, and we no longer have any Downtown Development Authority vacancies. So we are filling these boards up rather quickly. We do have one there, but we have the general public vacancies completely filled. We'll talk about that later. In terms of my report, I just want to give thanks to those who participated in our 4th of July celebration. It went off without a hitch. It was fantastic. I want to give kudos to our police department for keeping everybody safe. I had the opportunity to come up and hang out in the command center for a while on Friday or Saturday evening, Friday, whatever day that was. with the folks and it's actually an amazing operation to see how they manage the entirety of the chaos that we have at Carmichael Park during the 4th and all the other things happening around it. So very well oiled machine. We are very safe at these events and it's because we have such a fine police department doing the good work. Also want to give thanks to the Brighton Fire District. They did a wonderful job as well. Talked to Chief Garrison today and It sounds like we didn't have any major incidents here in Brighton with fires, so thankfully we had a wonderful and safe 4th, and that's all I got for you. Oh, and you mentioned book reports. The mayor will be here with a book report on vacations shortly with his Zambitza trip book report. Thank you.

excellent actually i did forget to mention something and so i'm going to take a moment to to go back and do it uh because i i was realizing in a couple of conversations this week that we don't always take the moment to to pause and celebrate one of our departments doing just a great job at everything that they're they're supposed to deliver for the city and i wanted to call out our utilities department i i got to engage with a couple of the folks at our Brighton Summerfest. It happens that I did some sod replacement with a Zurich garden this year and so the support of that team in helping to negotiate how do we get that that sod credit? How do we engage with Resource Central to get the garden in a box? How do we look at water usage? The department also helped my mother-in-law to figure out how to program her sprinkler to be compliant with the twice a week watering. So they went above and beyond in making that happen. So I just do want to call out the above and beyond efforts of our utilities department in this year where we have a lot to deal with, with the stage one drought that we're all facing, water conservation that we're doing, and really at the same time managing our transitions in wastewater management, our challenges in stormwater management, and then building and bringing online a new plant. So, thanks to that department. I really appreciate all the effort. Thank you. Okay. Now, back to our Councilmember reports, and we'll go from my right to the outside. So, Councilmember Taddeo.

I would like to talk about kicks and flicks. Just kidding. I would also I just wanted to say that I was also able to attend the CML conference and was able to attend many, many, many sessions there and hear some great keynote speakers. And I feel like I really did was worth the city's money to send me to learn lots of things that I will share in the future. The other I would like to piggyback on that so I had the pleasure of working with the water billing department a few weeks ago when we had the conversion. And the person, I don't remember her name. I apologize. I know I was going to call her out and say what a great job. But she helped me with some little glitches. I have two properties in Brighton, and it wouldn't let me put in payment. But anyway, I wanted to say how helpful she was to help me get through that process. And, yeah, another great body of work from our city employees. And thank you. That's all I got. Okay.

Okay. Council Member Green.

Thank you, Acting Mayor. You know, I got a confession to make. I gave up my invitation to the Taylor Swift wedding just so I could be in Brighton for the festivities. Again, Pop Princess, whatever, I'm going to pass on that because Brighton had it going on this weekend. I want to thank our special events group. They put on a heck of a show, and Thumpin' was a great band, and I had my fiance's grandson with us. Friday night, he actually fell asleep during the Rockies fireworks show, but he was awake for every moment of the Brighton fireworks show, and he cried when we had to leave at the end. He loved that thing, and that... is a testament to the city of Brighton and a great event that they put on. And I have the E470 board meeting this Thursday. That's all I got. Again, sorry, Taylor.

Excellent. Council Member Wirth.

Thank you. I'll let you know that the wedding was very nice. I also went to the CML. It was a great conference. I really enjoyed some of the keynotes and some of the presentations. Other than that, you know how I am with the Youth Commission. They had their first last meeting. which has been a tradition for them where you get everybody together. It's the last meeting, but it's the first meeting for the newcomers and the last meeting for the seniors that are moving on to other adventures. And that's always a fun time, and you get to meet these new kids coming in and

Very enjoyable.

New kids and adults. We have one adult commissioner that I had a good conversation with. And then we had that on Wednesday. Thursday we had our regular meeting, and we're planning to go on the EYC retreat, which is this Friday through Sunday. So I'll be up at the Calwood Education Center, which is up near Jamestown, for a few days with the new – and existing commissioners, and I'm very much looking forward to that. That's always a great bonding experience, and for the kids, they get to know one another, and it's interesting. They go in there, and they're little cliques and hanging with their buds, and they come out hanging with everybody. So it's always a great, worthwhile venture for them as well. Thank you.

Thank you. Hanselman-Carvajal.

Thank you. A few things. First of all, Tracy, I had the opportunity of interviewing you. I didn't get to say it when you accepted, but you did a phenomenal job, and I think the city is going to be really lucky to have you. As I left that interview, Bike Brighton was going on, and there were so many people out here doing that. So kudos again to that department, to that team, to that subcommittee for getting so many people out on their bikes in Brighton. The Parks and Rec meeting had been moved due to the 4th of July. They were busy or something this last week. So we didn't have that meeting. I also attended CML, had an opportunity to learn more about the quasi-judicial system, how that operates. Using community socialites as kind of pillars for information and engaging community in different ways. And I really like the idea that we're the city council members, not a And I came back motivated just to kind of work with all of you and collaborate. And hopefully, as we say in the kitchen world, use aces in places so that we can get things done for our community members. This weekend is Wizards and Wands downtown. So if you grab a passport from any of the places, you can hop through town. It's our version of HP, but we can't say that anymore, so we're going to call it Wizards and Wands. There's free magicians happening, and there's a lot of cool activities for kids and adults alike. And I think that is all that I have.

Thank you Thank you, we'll work our way out the other direction so against member Fiddler We were traveling we were in New York for the wedding We did not attend the wedding But it's nothing to report as we were traveling the better part of ten days Excellent councilmember Snyder

Thank you, Mayor Pro Tem. I'm really glad to be here. I also went to CML, and as always, CML is very nice. They put on some very good educational experiences, and I enjoy it. I like to attend some of the attorney stuff because they talk like six miles over my head, and I pretend I shake my head like this. No, I actually do understand some of what they're talking about, and it's very educational and good to participate. I want to take a moment at a study session two sessions ago. I was a little bit animate about fixing downtown before Burra expires because it wasn't part of our public works projects for this year. And I want to personally thank Greg LaBrie. Our public works manager and Aaron Herrera, they have got together and come up with a wonderful plan to put downtown in the best shape it can be before Burra leaves. And that's really important because it's going to take a minute for the DDA to become self-funding. And it's going to be in great shape. They're going to have a good five years. And so thank you for your cooperation. Aaron's not here, but thank you, Aaron. Those things are beautiful. Wonderful thing is happening with bridge in 85. Not everybody's going to agree with this. We are about to start the project. There is going to be some traffic disturbance there, unfortunately, but the end product is going to be worth it. There is one. obstacle, and we approved some very beautiful new signs for the city of Brighton that are joyous and brightly covered, and CDOT was holding up the permit because they do not like the colors of the sign. Again, thank you, Aaron Herrera. He negotiated with them. It looks like they're going to issue the permit tomorrow minus the sign, and we're going to negotiate sign colors down the road. We would really like to get them Anybody that looks at that sign and mistakes it for a traffic signal needs their driver's license removed. I can't believe that we're having this difficulty, but we are. But nonetheless, the good news is it does look like tomorrow they will probably issue us a permit. to start the landscaping portion of that. So I'm excited about the hard work they're doing. And I think our downtown and the entrance, the main entrance to our city, are going to be in very, very good shape by the end of the year. So all that is wonderful. That's all I got.

Thank you. And Council Member Collins.

Thanks, Mayor Pro Tem. Just a couple of things from Capital Facility Fee Foundation meeting, which was on the 25th, if that was last week, maybe. Talon Ridge, so that's our middle school that's coming up. Construction is complete. That's opening 27-28 school year. Construction on Rocky Vista is almost done, 78% complete on that. That's opening with 8%. eighth through 10th grades when that does open. And then boundaries have changed. If anybody has school age kids, they know and they're well aware. Our boundaries have changed as well. And those were accepted by the superintendent. They're also working on some updates on the open enrollment rules. So more to come on that. That's all for me.

Okay, I think I caught everybody. Great. Let's move on. Item 13A, I believe that Council Member Tadeo has a motion for us.

I move, what do I, a motion, I propose a motion to recess for an executive session pursuant to CRS Section 246402-4F-1.

one and charter section 5.4 c5 to discuss personnel matters okay you have to hit the amend button or the motion button and councilmember garvajal i'll second thank you we have a motion to go into executive session roll call vote but i don't see the ability to vote on my screen sorry my screen doesn't show the ability to vote other people apparently already have that No, I don't. It says voting is in progress. Let's do a verbal roll call vote.

Mayor Pro Tempidio?

Yes.

Council Member Carbajal?

Yes.

Council Member Collins? Yes. Council Member Fittler.

Yes.

Council Member Green.

Okay.

Council Member Snyder. Yes. Council Member Taddeo.

Yes.

Council Member Wirth.

Yes.

Motion passes 8-0.

Okay. We will now recess into an executive session and come back to adjourn the meeting. If anybody who participated in the executive session believes that we discussed anything that was not in the approved topic for the executive session, speak now or forever hold your peace. And seeing that we have exhausted our agenda, I now adjourn tonight's meeting.