[0:04] We'll now call to order the Arvvada City

[0:06] Council meeting for September 15, 2026.

[0:09] Apologies for our late start. We had two

[0:11] very um good study sessions and ran over

[0:16] a little bit, but um we are happy to get

[0:18] going here. So, at this time, I will

[0:20] call on Council Member Griffith to lead

[0:21] us in a moment of silent reflection and

[0:23] the pledge of allegiance.

[0:25] >> I invite everybody uh to enjoy a moment

[0:28] of silent reflection.

[0:45] Please stand for the pledge of

[0:46] >> allegiance.

[0:55] to the reps

[0:58] one nation

[1:00] indivisible with liberty and justice for

[1:02] all.

[1:06] » Miss Rush, will you please do the roll

[1:08] call?

[1:09] >> Mayor Simpson, Mayor Prom Mormon,

[1:11] >> here.

[1:12] >> Council member Ambrose

[1:13] >> here.

[1:13] >> Council member Davis

[1:14] >> here.

[1:15] >> Council member Feifer

[1:16] >> here.

[1:16] >> Council member Griffith

[1:17] >> here.

[1:18] >> Council member Leon

[1:19] >> here. Council member Feifer,

[1:22] >> I'd like to make the motion to excuse

[1:24] Mayor Simpson from tonight. She's

[1:25] advocating for the city of Washington

[1:27] DC.

[1:28] >> Yes. All right. You may start voting.

[1:33] » And that passes six to zero with uh now

[1:37] Mayor Simpson being excused. Thank you.

[1:40] Uh presented are the minutes of the city

[1:41] council business meeting dated September

[1:43] 1st, 2026. Are there any changes or

[1:46] corrections from council?

[1:49] All right. Seeing none, the minutes will

[1:51] stand as presented.

[1:53] Uh, next we have proclamations and we

[1:56] will start with Council Member Davis

[1:57] presenting the proclamation for

[1:58] Constitution Week.

[2:00] >> Thank you. It is my honor to be the

[2:04] proclamation for Constitution Week.

[2:08] Whereas September 17, 2026 marks the

[2:11] 239th

[2:13] anniversary of the final drafting of the

[2:16] Constitution of the United States of

[2:17] America by the Constitutional

[2:19] Convention. And whereas it is fitting

[2:22] and proper to accord official

[2:24] recognition to this magnificent document

[2:26] and its memorable anniversary and to the

[2:29] patriotic celebrations which will

[2:32] commemorate the occasion. And whereas

[2:34] public law 915 guarantees the issuing of

[2:37] a proclamation each year by the

[2:39] president of the United States of

[2:40] America designating September 17th

[2:44] through the 23rd as Constitution Week.

[2:48] Now therefore, be it proclaimed that the

[2:50] mayor and the city council of the city

[2:51] of Arvvada, Colorado, hereby proclaim

[2:54] the week of September 17th through the

[2:56] 23rd, 2026 as Constitution Week and ask

[3:00] our citizens to reaffirm the ideals of

[3:03] the framers of the Constitution had in

[3:05] 1787 by vigilantly protecting the

[3:09] freedoms guaranteed to us through the

[3:10] guardians of our liberties, remembering

[3:12] that lost rights may never be regained.

[3:16] dated this day, 15th day of September,

[3:20] 2026. Do we have someone here to accept

[3:24] this?

[3:29] I think you go ahead and step to the

[3:32] microphone. Absolutely.

[3:38] Thank you, gentle council members, for

[3:41] taking time out of your agenda to

[3:43] recognize Constitution Week in this

[3:45] momentous year of America 250, Colorado

[3:48] 150. The Constitution serves as a

[3:52] guiding principle for our laws and needs

[3:55] to be celebrated alongside America's big

[3:58] birthday.

[4:00] National Society Daughters of the

[4:01] American Revolution is honoring this

[4:04] year with a month of service in this

[4:07] local chapter. Dr. Susan Anderson

[4:09] chapter is giving tr has given treats to

[4:14] our first responders on September 11th.

[4:17] Bell ringing for Constitution Week with

[4:19] two schools kindergarten classes, street

[4:22] cleanup at our adopt a street and

[4:24] weeding at the Leiden Mine Rock Memorial

[4:27] at Patridge Park. We are esteemed to be

[4:30] part of this community and thank you for

[4:34] serving as their leaders. Awesome.

[4:46] » Yep.

[5:02] » Thank you.

[5:06] Next, council member Ambrose will

[5:07] present the proclamation for NA National

[5:10] Manufacturing Month.

[5:12] >> Thank you, Mayor Prom. Um, I'd like to

[5:14] invite up Aida staff um Manufacturers

[5:17] Edge, Greater Nevada City Chamber of

[5:19] Commerce and Workforce Colorado to come

[5:22] up for this proclamation.

[5:30] » Would you like to say anything?

[5:33] >> Sure. Thank you. Thank you, Mayor Prom

[5:36] Mormon and members of council for

[5:37] recognizing October as manufacturing

[5:40] month in Arvvada.

[5:42] I'm Nancy Flock, interim executive

[5:44] director for the Arvvada Economic

[5:45] Development Association. And it's an

[5:47] honor to accept this on behalf of the

[5:49] manufacturers, workers, and partner

[5:51] organizations who make Arvvada's

[5:53] manufacturing sector what it is.

[5:55] Supporting this industry isn't a one

[5:58] organization effort. as I'm joined this

[6:00] evening by representatives Ed Olivio

[6:03] from Manufacturers Edge, Jess Fuller

[6:05] from the Greater Arvvada Chamber of

[6:06] Commerce, and Mike Aean from Workforce

[6:08] Colorado, Jefferson, Clear Creek, and

[6:11] Gilpin.

[6:13] Manufacturers Edge works directly with

[6:15] our local manufacturers on the ground

[6:17] through the Arvvada manufacturing

[6:19] initiative, helping companies modernize

[6:21] equipment, adopt new technology, and

[6:24] stay competitive. The Greater Arvvada

[6:26] Chamber of Commerce advocates for these

[6:28] businesses, builds relationships across

[6:30] our business community, co-f facilitates

[6:32] sector partnerships, and makes sure our

[6:35] manufacturers have a voice in decisions

[6:37] that affect their ability to grow right

[6:39] here in Arvvada. and Workforce Colorado

[6:42] Jefferson Clear Creek Gilpin is also

[6:45] building the talent pipeline with

[6:46] apprenticeships, training, and career

[6:49] pathways that turn an entry-level

[6:51] manufacturing job into a real career for

[6:53] our VAT students and anyone looking for

[6:55] a fresh start. Manufacturing Month is a

[6:58] chance to invite our community,

[7:00] students, job seekers, neighbors, um, to

[7:03] explore what modern manufacturing looks

[7:05] like today. It's not what a lot of

[7:07] people think. It's precision,

[7:08] innovation, and skilled work. and it

[7:10] deserves to be seen. On behalf of

[7:12] everyone standing with me today, thank

[7:14] you for recognizing manufacturing's

[7:16] contributions tonight.

[7:18] >> Well, um, thank you very much. We are

[7:21] glad to honor you with the following

[7:22] proclamation. Whereas October is

[7:25] recognized as National Manufacturing

[7:27] Month, celebrating the role of

[7:28] manufacturing innovation and providing

[7:30] jobs and high quality of life for our

[7:32] community. And whereas manufacturing

[7:34] employers in Arvvada support a wide

[7:36] range of industries including aerospace,

[7:38] food production, renewable energy and

[7:40] advanced materials. And whereas Arvvada

[7:42] is home to 102 manufacturing firms which

[7:44] provide 2,533

[7:47] entry level um highly skilled level jobs

[7:51] and significantly contribute to

[7:52] Arvvada's economic vitality. And whereas

[7:54] hosting manufacturers in Arvvada

[7:56] contributes to the city's taxpays fund

[7:59] and sustain the community involvement

[8:01] projects that make up our city a great

[8:03] place to live. Now therefore be it

[8:05] proclaimed by the mayor and city council

[8:07] of the city of Arvvada, Colorado that

[8:09] the month of October 2026 be designated

[8:12] as National Manufacturing Month. We

[8:14] encourage all our VA community members

[8:16] to join us in celebrating and supporting

[8:18] our local manufacturers.

[8:23] » [applause]

[8:51] » Thank Thank you. Next, Council Member

[8:53] Leson will present the proclamation

[8:55] recognizing Joe Hanksler.

[8:58] >> Thank you so much, your honor. Um, so I

[9:01] would love to invite up family members,

[9:04] friends, um, Oldtown business crew, uh,

[9:08] anyone else who's interested in coming

[9:09] forward. And just a little, it's truly

[9:13] an honor to be honoring Joe. The first

[9:16] time I met him was like seven years ago

[9:19] with the festivals commission. and he

[9:21] was um leaving and I was coming in and

[9:25] then it I think we we are just truly

[9:28] honored and incredibly lucky to have

[9:30] such an exceptional human. So feel very

[9:33] honored to be reading this proclamation.

[9:38] And if you want to speak first and then

[9:40] I can read the proclamation if you'd

[9:42] like.

[9:43] >> Sure. Uh thank you. Uh thank you city

[9:45] council members and mayor Lauren for

[9:48] acknowledging the impact that Joe had on

[9:51] not only Oldtown but the city as a

[9:53] whole. Clearly you can see a lot of

[9:55] people here tonight to recognize him and

[9:58] throughout the city. Joe is a unique

[10:00] soul and he definitely left a unique

[10:02] impression on Oldtown and on all of us.

[10:06] So we're really delighted to be able to

[10:09] honor him with Joe Hensler Day next

[10:11] Tuesday. Uh we also came together as a

[10:15] group and we are excited to announce the

[10:17] Joe Hensler vibrancy grant. Um the

[10:21] business improvement board of directors

[10:22] have decided to commit $2,500 every year

[10:26] to any business within Oldtown that has

[10:29] a project that represents the creativity

[10:32] and the uniqueness that Joe helped

[10:34] inspire throughout Oldtown. Uh we also

[10:37] have a goal to raise a minimum of an

[10:39] additional $2,500 every year so that we

[10:42] can really continue the impact that he

[10:44] had on the town for years to come.

[10:49] Um so we hope that you guys will

[10:51] consider um doing this proclamation

[10:54] annually so that we can announce what

[10:57] the next grant uh project will be and

[10:59] really rally the community behind it and

[11:01] honor our friend. Thank you.

[11:06] » [applause]

[11:10] » Thank you so much and thank you for

[11:12] being here. Um whereas Joe Hensler

[11:15] served with profound distinction as the

[11:18] executive director of the Oldtown

[11:20] Arvvada Business Improvement District,

[11:23] earning the affectionate and enduring

[11:25] title of the mayor of Oldtown

[11:28] through his visionary leadership and

[11:30] tireless advocacy. And whereas during

[11:33] unprecedented times of economic

[11:36] uncertainty, Joe worked selflessly to

[11:38] protect the local economy, implementing

[11:41] innovative solutions to ensure our

[11:43] beloved neighborhood small businesses

[11:46] stayed open and resilient through the

[11:48] challenges of the pandemic. And whereas

[11:51] Joe left an unmistakable permanent mark

[11:55] on our historic district by actively

[11:58] championing public art, rich cultural

[12:01] programs, and vibrant community

[12:04] entertainment,

[12:06] intentionally designing spaces where all

[12:08] people felt safe, valued, and welcome.

[12:11] And whereas Joe was a deeply devoted

[12:14] husband and father whose kindness knew

[12:17] no bounds, who genuinely never met a

[12:20] stranger and who chose to live every

[12:23] single day being generous with his time,

[12:26] talent in service of a stronger Arvvada.

[12:30] And whereas facing a courageous battle

[12:32] with cancer, Joe handled his diagnosis

[12:35] with unshakable dignity, focusing his

[12:39] remaining time on maximizing his efforts

[12:41] for his family, his friends, and the

[12:44] ultimate betterment of the municipal

[12:46] community. And whereas following his

[12:49] tragic passing on September 23rd, 2025,

[12:54] the city of Arvvada wishes to preserve

[12:56] his extraordinary legacy, honoring a

[12:59] life that touched thousands of fellow

[13:01] residents and inspired all of us to lead

[13:04] with a servant's heart.

[13:08] Now therefore, be it proclaimed by the

[13:10] mayor and city council of the city of

[13:12] Arvvada, Colorado, that September 23rd,

[13:15] 2026

[13:16] be designated as Hanksler Community Day

[13:20] in the city of Arvvada, and invite all

[13:23] our vetins to participate actively by

[13:26] finding meaningful ways to make a

[13:28] positive impact, to give back to their

[13:30] neighborhoods, and to bring people

[13:33] closer together in the true spirit of

[13:35] Joe Hensler.

[13:37] dated this 15th day of September, 2026.

[13:47] [applause]

[14:02] » [laughter]

[14:22] [applause]

[14:28] » Thank you all for coming out tonight to

[14:30] honor Joe and his legacy. He uh he had a

[14:34] major impact on myself and I think many

[14:36] of us here on council and and of course

[14:38] our our great city. So may we continue

[14:40] his work as the proclamation declares.

[14:45] There are no presentations tonight. So

[14:47] we move into public comment. Um public

[14:50] comment is for items not scheduled on

[14:52] the agenda for a public hearing which is

[14:55] limited to three minutes per person. It

[14:58] is your opportunity to address city

[15:00] council. You will we will always listen

[15:02] carefully to what you have to say, but

[15:04] we do not respond to comments during the

[15:07] meeting. Uh we will refer any issues

[15:09] raised during public comment to the city

[15:12] team who is here for further research

[15:14] and resolution if that is needed. So I

[15:17] will begin. My first uh person on the

[15:21] signup sheet is Karen De Aguero.

[15:41] I'm vertically challenged.

[15:43] Hi, my name is Karen Deedto. I live in

[15:46] East Arvvada in Arlington Meadows. And I

[15:49] just want to come tonight and talk to

[15:50] you about some of my experiences in my

[15:52] neighborhood. This past Friday morning,

[15:54] I was walking my dogs through Tennyson

[15:56] and Nolles Park and I stopped to take a

[15:58] closer look at the condition of the

[15:59] park. It has deteriorated significantly

[16:02] over the past year. This caught my

[16:04] attention because last November, our

[16:06] neighborhood met with the parks

[16:07] department to raise concerns about the

[16:09] park. And at that meeting, the parks

[16:11] team committed to maintaining the rest

[16:13] of Tennyson and Nolles in top condition

[16:15] while the turf conversion area was

[16:17] transitioned. Today, an estimated two

[16:20] additional acres outside of that area

[16:22] are bare or dead, resulting in nearly

[16:25] 42% of our park being negatively

[16:28] impacted by poor maintenance.

[16:31] So, I recalled a Facebook video of Mayor

[16:33] Simpson explaining that reduced watering

[16:35] because of drought conditions might make

[16:37] Arvvada's parks look browner than

[16:39] normal. I thought, let's go look at the

[16:41] other parks. So, I photographed seven

[16:44] Arvvada parks in a single morning. The

[16:46] same day, the same weather, the same

[16:48] drought conditions with the same camera

[16:50] and every edit photo is unedited. And

[16:53] the comparison is striking.

[16:55] This is not a symptom of 20% less

[16:59] watering that is to help with our

[17:03] drought and this is a conservation

[17:05] effort that I support. This is an

[17:07] ongoing issue that deserves attention

[17:09] and care. Please note that none of these

[17:12] photos are within the turf conversion

[17:14] areas of any of these three parks.

[17:18] At Tennyson Nolles, a turf conversion

[17:20] pilot park along with Jack B. Tomlinson

[17:23] and Clubcross North. The conversion area

[17:25] covers 3.8 acres, about 32% of the park.

[17:29] The city's website describes it as low,

[17:32] but it's a large open field. Every park

[17:35] visit, I see dog owners using it, and

[17:37] kids used to play sports there. It was

[17:39] once a prime location within the park.

[17:42] The city began converting Jack B.

[17:44] Tomlinson, approximately 1.6 acres or

[17:46] 12% of the park, and Club Crest North,

[17:49] approximately 0.6 acres or 6% of the

[17:52] park in 2024. After 2 years, neither

[17:56] area appears to have an established

[17:58] stand of native plants. So, if the city

[18:00] has not yet established native

[18:02] vegetation on areas that are less than

[18:04] half the size, I think it's fair to ask,

[18:07] what should we expect from a 32%

[18:09] conversion of Tennis and Nolles Park? We

[18:12] are not asking you to reverse this

[18:14] program. We're just asking for a few

[18:16] simple things. Maintain the park. Ensure

[18:18] turf conversion means an actual

[18:20] conversion with a biodiverse seed mix,

[18:22] including grasses, flowers, and shrubs.

[18:25] Improve watering conditions to support

[18:26] the establishment of these plants. and

[18:28] look honestly at why two parks in the

[18:31] worst shape are at Arvvada's

[18:33] jurisdictional boundaries. Every council

[18:36] member will be receiving the full photo

[18:37] packet tonight, as well as examples of

[18:39] native garden implementation done right.

[18:42] Please look at these photos and I urge

[18:44] you to communicate with residents as to

[18:45] what and when we can expect from our

[18:47] park and our city moving forward. Thank

[18:49] you.

[18:50] >> Thank you.

[18:53] Next, I sorry we do not applause during

[18:56] public comment. I'm sorry. Uh, next I

[18:59] have Andrea Perkins.

[19:07] » Hi everybody. Thank you for your time.

[19:09] Um, I don't have a lot prepared, but I

[19:11] really just wanted to echo everything

[19:13] that Karen said. Um, I've been a

[19:14] resident um, of Arlington Meadows um,

[19:17] for eight years and I've walked my dog

[19:20] there twice a day pretty much every day

[19:22] the entire time. And I have also seen a

[19:25] rapid decline of the park in the last

[19:27] year and I completely understand that

[19:29] we're in a drought and totally sensitive

[19:31] to that. Um I also work as a volunteer

[19:35] um with the CSU extension um and I have

[19:38] dealt with um a lot of concerns from

[19:41] people across um Adams County um about

[19:44] their lawns. Um and the first thing that

[19:46] I do when I um have somebody questioning

[19:49] me about that is um asking them about

[19:51] what their irrigation looks like. um and

[19:54] what their um what their schedule is for

[19:56] watering. Um because a lot of the times

[20:00] that is most likely the problem. Um and

[20:03] in tennis and park and walking there um

[20:06] every day I've noticed that the

[20:07] sprinkler systems are spraying on the on

[20:10] the um tennis courts and on the cement

[20:13] pavement um which is a clear waste of

[20:16] water. So I would ask you as the council

[20:18] members to consider at the very least

[20:20] please auditing the usage of the water

[20:23] um in Tennyson and Nolles Park and all

[20:26] of the parks in Arvvada would be a great

[20:28] step if we're really taking drought

[20:30] seriously. Um the best way to do that is

[20:32] to take a look at exactly how everything

[20:35] is being watered. Um because a lot of

[20:37] the times it looks like it's getting

[20:38] covered and it might not actually be

[20:40] getting covered. So, um, that's that's

[20:43] my um that's my ask and I hope that

[20:46] you'll consider it and thank you for

[20:47] your time.

[20:49] >> Thank you.

[20:50] >> Next, I have Karen Usray.

[21:00] Members of city council, Karen Usray. I

[21:02] live in the Scenic Heights neighborhood

[21:04] near the Majestic View Park and I'm here

[21:06] tonight to ask you to reconsider the

[21:08] decision to terminate Frontline

[21:10] Farming's lease at Majestic View and

[21:12] importantly to pause the city's newly

[21:15] issued request for proposals seeking

[21:17] another farming organization to take

[21:18] over the land. As a resident of the

[21:21] Scenic Heights neighborhood surrounding

[21:22] Majestic View, I've seen firsthand the

[21:24] value of frontline farming brings to

[21:26] this community. They are a bipok

[21:28] woman-owned farmer advocacy organization

[21:30] that has created opportunities for

[21:32] people to connect with farming, food

[21:34] justice, education, and one another.

[21:37] They have invested years of work into

[21:39] this space and have become a valued part

[21:40] of our community. I understand that

[21:43] there's been a breakdown of

[21:44] collaboration between frontline farming

[21:46] and new leadership at Majestic View.

[21:48] Concerns about communication and

[21:50] decision-making deserve to be addressed

[21:52] and the reports of discriminator

[21:54] discriminatory treatment are deeply

[21:56] troubling and deserve to be heard and

[21:58] meaning meaningfully examined. But

[22:00] terminating the lease and replacing

[22:02] frontline farming should not be the

[22:04] first or only solution. What concerns me

[22:07] most is that the city has now issued an

[22:09] RFP for another organization to take

[22:11] over the land. that moves the city from

[22:14] resolving a conflict to effectively

[22:15] replacing a community organization

[22:17] before all reasonable efforts to repair

[22:20] the relationship have been exhausted. If

[22:22] the problem is a breakdown in

[22:24] collaboration, bringing in a new

[22:26] organization does not necessarily solve

[22:28] that problem. It simply displaces an

[22:30] organization that has already built

[22:31] relationships, programs, and community

[22:34] trust at Majestic View. I'm asking the

[22:36] council to pause this process and ask

[22:38] some basic questions. Have all

[22:40] reasonable efforts been made to repair

[22:42] this relationship? Could facilitated

[22:44] conversations, mediation, clearer

[22:46] expectations, or a revised agreement

[22:48] address the concerns? And has the

[22:51] community been given a meaningful

[22:52] opportunity to help determine the future

[22:54] of this space?

[22:56] Once another organization is selected

[22:58] through the RFP, it becomes much harder

[23:00] to find a path back for frontline

[23:02] farming. So, I believe the city should

[23:04] pause before creating an outcome that

[23:05] may be difficult or impossible to

[23:07] reverse. This is a bigger than a lease.

[23:10] It's about whether the city values the

[23:12] community relationships and investment

[23:14] that have already been built at Majestic

[23:16] View. I respectfully ask city council to

[23:18] pause the RFP and reconsider the lease

[23:21] termination and work and to work in good

[23:23] faith with frontline farming, Majestic

[23:25] View leadership and the community to

[23:27] find a solution that allows frontline

[23:28] farming to remain. Please don't let this

[23:31] breakdown and collaboration become a

[23:32] reason for displacement. Thank you.

[23:35] >> Thank you.

[23:37] Next I have Rainer Gerbach.

[23:55] May I one request before I start. We're

[23:59] five speaker talking about an amendment

[24:01] which will be on the ballot this year in

[24:03] November. Amendment 83.

[24:06] Uh if at all possible like to maintain

[24:09] the sequence myself, Karen, my wife, uh

[24:13] and Katsburg

[24:15] um Ed Yevak and uh Vincent Parker and

[24:21] number them one, two, three, and five.

[24:24] >> Yes.

[24:24] >> Thank you.

[24:27] Good evening. Uh Mayor PM members of

[24:30] this council. I'm Rhina Gerbage. I live

[24:33] in Nevada and Geos. I recently sent you

[24:36] a briefing on amendment 83, the

[24:38] constitutional right to hunt. I ask you

[24:41] to do one thing Colorado law allows.

[24:43] Adapt the resolution opposing it. The

[24:46] title says hunt and fish. This is not a

[24:49] hunting debate. It is about governance,

[24:51] the city council's own authority.

[24:54] The amendment is aimed at bodies like

[24:56] this one. Hunting and fishing are

[24:59] already legal in Colorado. So amendment

[25:01] 83 protects no risk, no right at risk.

[25:05] It aims to override local rules that

[25:07] stand in the way. Luke Hilgman of the

[25:09] international order of Theodore

[25:11] Roosevelt, former CEO of the Cockroths

[25:14] Americans for Prosperity is clear. The

[25:17] real power is quote residents setting

[25:20] barriers quotation and and quotation

[25:22] overreach by city councils and state

[25:25] wildlife commissions quotation end.

[25:27] Second, the bill would land on this

[25:29] city. The measure is built on undefined

[25:31] words, preferred means, necess

[25:34] necessities

[25:36] that only one court can define. The

[25:38] state's own fiscal note says the cost

[25:40] will rise by an amount it cannot

[25:42] estimate. And when a local rule is

[25:44] challenged, the city defends it on its

[25:46] own budget.

[25:48] Third and last, it is permanent and it

[25:50] puts the fix beyond local reach. It is

[25:52] constitutional amendment written by a

[25:54] political committee tied to the Cau

[25:56] network and to Donald J. Trump Jr. with

[25:59] about 86% of out of state funding not by

[26:02] our legislator legislature and not with

[26:05] no involvement of the city council.

[26:07] Avada had no voice in it. When it is in

[26:10] the constitution and if it's if it harms

[26:12] the city, no local ordinance and no act

[26:14] of the legislature can undo it. Only

[26:17] another statewide ballot campaign can.

[26:19] time and money will be spent. Future

[26:22] rules this council could adapt as

[26:25] conditions change would instead be

[26:26] locked beyond your reach. The

[26:28] constitution protects fundamental

[26:30] liberties. It should not lock into a

[26:32] favorite pastime. This is not about

[26:34] taking sides on hunting. It's about

[26:36] whether this council keeps the authority

[26:38] to protect its residents. This council

[26:40] can weigh in. Colorado law expressly

[26:43] allows it. and silence only lets it lets

[26:46] a distant out of state campaign narrow

[26:47] the city's authority on oppo opposed and

[26:50] Nevada would not act alone. One city's

[26:53] resolution is a statement but Colorado

[26:55] cities and counties speaking together

[26:57] through the municipal league are a force

[26:59] that cannot be ignored and can lead it.

[27:03] My ask adopt a resolution opposing this

[27:05] amendment now and carry it to the league

[27:08] and the Colorado Association of

[27:10] Counties. This council should not

[27:12] surrender local authority without being

[27:14] heard. Thank you. Karen will now

[27:16] continue on the uh amendment

[27:18] discussions.

[27:19] >> Thank you. Yes, Karen Gerbach is next.

[27:27] » Hi, I'm Karen Gerbach and I live in

[27:29] Arvvada. You just heard my husband speak

[27:33] about what 80 amendment 83 would do to

[27:35] this community's ability to respond. Um

[27:38] this is a little personal for me. I when

[27:40] we lived in New Jersey, someone was

[27:43] practicing their firearm and they shot

[27:44] out my dining room window. He had severe

[27:48] consequences because none of that was

[27:50] allowed. Amendment 83 would change that

[27:54] here. Um I live in GIOS and there's 14

[27:59] empty acres across the Rston Creek and

[28:01] Creek Trail and I occasionally hear what

[28:04] I think are gunshots, but I'm not

[28:06] absolutely sure. But it seems that this

[28:11] could um

[28:14] this could amendment 83 could allow that

[28:17] to continue closer to where I live

[28:20] because we have coyotes and they're on

[28:22] the golf course and there's many

[28:24] critters that live in the area.

[28:26] So if the constitution makes hunting the

[28:28] preferred means of managing wildlife, a

[28:31] community could lose like our could lose

[28:33] the power to keep it away from

[28:35] neighborhoods. Legal experts say the

[28:37] question is unsettled, which means years

[28:40] of litigation.

[28:42] Our open spaces are shared by hikers,

[28:44] families, and neighbors whose homes back

[28:47] up to these spaces. Hunting is one use

[28:50] among many. It should not be given a

[28:52] constitutional status that outweighs

[28:54] everyone else's safety.

[28:58] So, I'm not here to attack hunting or

[29:00] hunters. I'm here because keeping

[29:03] residents safe is a responsibility of

[29:05] city council and amendment 83 would

[29:08] challenge your authority to do it. It's

[29:11] not hyperbole, it's precedent once it

[29:14] reaches our streets and safety is

[29:17] squarely your job. This has happened in

[29:20] other states and they've regretted it.

[29:23] Colorado lets you take a position by

[29:25] resolution and we ask you to do that.

[29:29] Thank you.

[29:30] >> Thank you.

[29:32] Next we have Ann Katsburg.

[29:42] » Good evening, council. My name is Anne

[29:44] Katsburg. I'm a resident of Arvvada and

[29:47] I want to talk to you about money and

[29:49] why amendment 83 could put a bill on

[29:52] your desk and on Colorado taxpayers.

[29:56] Hunting and fishing are already legal

[29:59] here and they're regulated like driving,

[30:02] a licensed privilege that the state can

[30:04] condition to keep people safe. However,

[30:08] amendment 83 does the opposite. It

[30:11] freezes hunting in the Constitution as a

[30:13] preferred right. And the moment that you

[30:16] write a recreation into the

[30:18] Constitution, you invite the courts in,

[30:21] which is where that cost begins. When a

[30:24] city makes a local decision about

[30:26] hunting or firearm discharge, this

[30:28] amendment could be invoked to challenge

[30:30] it. And your government could find

[30:32] itself defending that decision in court

[30:34] on its own budget. Colorado's own fiscal

[30:38] analysis warns that parks and wildlife

[30:41] will need more legal advice and face

[30:43] increased litigation if wildlife rules

[30:45] are challenged. And it puts no limit on

[30:50] those costs. And what does an open-ended

[30:52] constitutional fight cost? Colorado's

[30:55] decadel long lawsuit over the

[30:58] taxpayers's bill of rights has cost

[31:00] about half a million dollars to defend

[31:02] over 10 years.

[31:04] And because amendment 83 sets a new

[31:07] constitutional standard, it invites

[31:09] repeated litigation over wildlife rules.

[31:12] This is not a hypothetical. Hunting and

[31:15] trapping groups are already currently

[31:17] threatening to sue Colorado over its new

[31:20] lower furbearer bag limits today only on

[31:24] procedural grounds. Amendment 83 would

[31:26] hand them a constitutional weapon

[31:29] against that limit and against local

[31:31] ordinance. Those bills fall on parks and

[31:33] wildlife on the attorney general. And

[31:36] when local ordinance ordinance

[31:38] ordinances are challenged on cities like

[31:41] ours, every dollar defending vague

[31:43] constitutional language is a dollar that

[31:46] is spent on wildlife,

[31:48] not spent on wildlife or public safety.

[31:51] And our attorney general has done more

[31:53] than pay that bill. AG Phil Wiser and

[31:56] candidate for governor opposes amendment

[31:58] 83, warning that disputes over wildlife

[32:00] policy should be settled through

[32:02] dialogue, listening, and collaboration,

[32:05] not through constitutional amendments,

[32:07] courtrooms, and lawsuits. When the

[32:09] state's top lawyer says this measure

[32:11] leads to a court, a council defending

[32:13] its own ordinances should listen. The

[32:17] state says the cost will rise but cannot

[32:19] say how high. A warning, not a

[32:21] reassurance. But this is not only a

[32:23] cost. It is a challenge to your

[32:25] authority with the when with the bill

[32:27] attached. Every local decision dragged

[32:29] into a court is a decision that a judge,

[32:33] not this council, may end up making

[32:35] protecting Arvvada's authority to decide

[32:38] without a lawsuit hanging over. Each

[32:39] choice is a reason enough to adopt a

[32:42] resolution opposing amendment 83. Thank

[32:45] you.

[32:46] >> Thank you.

[32:48] Next we have Ed

[32:51] Yak.

[33:03] » Good evening council. My name is Ed

[33:05] Yeec. I'm a resident of Arvvada for the

[33:07] last 30 years. I want to point out to

[33:10] one word missing from amendment 83 and

[33:12] to what its absence means for this

[33:14] council's authority. This measure is

[33:17] titled as a right to hunt and fish. Read

[33:19] it and you will not find the word

[33:21] trapping anywhere. But in Colorado law,

[33:24] hunt is defined to include trapping. So

[33:28] a constitutional right to hunt reach

[33:30] reaches trapping too by legal definition

[33:34] without ever saying so. Most voters mark

[33:37] marking a ballot for a right to hunt and

[33:39] fish would have no idea that they are

[33:42] writing trapping into the constitution.

[33:45] This silence matters because Colorado's

[33:48] Coloradoans have already spoken on

[33:50] trapping. In 1996, a majority of voters

[33:54] amended the same constitution to ban

[33:56] cruel traps, legoleold traps, body

[33:59] gripping traps, and snares. A amendment

[34:03] 83 protects undefined traditional

[34:06] methods. And the oldest of these are

[34:08] exactly the traps voters banned. If we

[34:11] could place the two pro provisions in

[34:14] conflict and let the courts, not the

[34:16] voters, decide which wins, which is why

[34:19] this should concern the council. A

[34:21] measure that reaches further than its

[34:23] title admits, can override a choice the

[34:26] people have already made. That same

[34:28] hidden court-driven reach is what could

[34:31] be turned on's own rules. Your fire

[34:34] disarn discharge ordinances, your

[34:37] decisions about parks and open spaces

[34:39] challenged on a constitutional basis the

[34:42] voters never saw and settled by a judge.

[34:45] What can be done quietly to a state

[34:47] fightwide vote can be done quietly to a

[34:50] city. This is the pattern this measure

[34:53] sets. It moves decisions away from the

[34:56] people and their local government and

[34:58] into the c courts using language most

[35:01] voters will never decode. Hunting and

[35:04] fishing are not at risk in Colorado.

[35:06] They legal and regulated. This measure

[35:09] does not protect them. What it does is

[35:11] bury a far legal reach into trapping

[35:14] into a settled public choice and into

[35:17] the authority of bodies like this one

[35:19] under a reassuring title. Colorado law

[35:22] lets this council take a position. I ask

[35:26] you adopt a resolution opposing

[35:28] amendment 83 and to carry it to the

[35:30] Colorado Municipal League and the

[35:32] Colorado Association of Counties.

[35:35] Protecting our VAT's authority to decide

[35:37] for itself, for its residents is reason

[35:40] enough to act and you would not be

[35:42] alone. Thank you very much for your

[35:44] time.

[35:45] >> Thank you. Next, I have Vincent Parker.

[35:56] Good evening, council. My name is

[35:57] Vincent Parker, resident of Arvvada. I

[36:00] want to tell you about a small town in

[36:01] Tennessee, Sweetwater, because what is

[36:03] happening there is what the future

[36:05] amendment 83 would bring to Colorado.

[36:08] Sweetwater has an ordinance this this

[36:11] council would recognize, no discharging

[36:13] firearms within city limits, a basic

[36:15] public safety rule. Last year, six men

[36:18] went duck hunting on private land inside

[36:20] those limits and fired their shotguns.

[36:22] They cited, the city cited them. A

[36:25] municipal court convicted them. A higher

[36:27] court upheld it. That should have ended

[36:29] it. A city enforcing its own safety

[36:31] ordinance. It did not. Tennessee, like

[36:34] what amendment 83 proposes here, has a

[36:37] right to hunt written into its

[36:38] constitution, supported by Global Safari

[36:41] Club International, a backer of

[36:43] amendment 83 and Tennessee Wildlife

[36:45] Federation, the two the hunters

[36:48] appealed, the two that the hunters

[36:50] appealed, arguing that state authorized

[36:52] hunting overrides the city ordinance.

[36:54] Their argument, a city cannot ban lawful

[36:57] hunting through a local firearms

[36:58] ordinance. Otherwise, they warned, towns

[37:01] could nullify state authorized hunting

[37:03] just by passing discharge rules. And

[37:06] their movement is open about the goal.

[37:09] The executive director of the group

[37:10] behind amendment 83 has written that

[37:12] these amendments real power is the

[37:15] precedent setting barriers they create

[37:17] against overreach by city councils and

[37:20] provide a lock on the door against

[37:23] future wildlife policy changes. In their

[37:26] own words, the target is councils like

[37:29] this one. And here is the part this

[37:30] council should not miss. Tennessee's

[37:33] governor then signed a law stripping

[37:34] cities of the power to act against

[37:36] hunters discharging firearms within city

[37:39] limits, a local safety ordinance

[37:41] overridden from the state state capital.

[37:45] This is not far away. Colorado

[37:48] communities already restrict gunfire

[37:49] near homes. Boulder County limited

[37:52] recreational shooting near the Sugarloaf

[37:54] neighborhood after about after safety

[37:56] concerns. Arvvada has its own discharge

[37:58] rules. Amendment 83 would put a hunting

[38:01] right in our constitution, the very tool

[38:04] used against Sweetwater, and hand it to

[38:06] the same groups funding the campaign.

[38:08] That is why local government cannot sit

[38:10] this one out. Sweetwater's council did

[38:12] not go looking for this fight. It came

[38:14] to them through their own ordinance.

[38:17] Colorado law lets this council take a

[38:19] position now before it comes here. So, I

[38:22] ask you to adopt a resolution opposing

[38:25] amendment [clears throat]

[38:26] 83 and to carry it to the Colorado

[38:28] Municipal League and the Colorado

[38:30] Association of Counties, where our VA's

[38:32] voice joins other cities and grows

[38:35] harder to ignore. Whatever our views on

[38:38] hunting, I hope we can agree on this.

[38:41] Power to decide where firearms may be

[38:43] fired near our homes should stay with

[38:45] this council, not be written out of it

[38:48] by a constitutional amendment. Thank

[38:51] you. Thank you.

[38:54] Next I have Robert Slay.

[39:16] Good evening. Mayor Pro Tim and city

[39:20] council. Um, I want to start by saying

[39:23] that I understand why the city chose to

[39:25] regulate short-term rentals instead of

[39:27] banning them. I've looked into this and

[39:30] cities that tried outright bans found

[39:32] that the rentals didn't disappear. They

[39:34] just went underground with no tax

[39:36] revenue and no oversight.

[39:38] Cities that overregulated got sued,

[39:40] sometimes lost. And by the time most

[39:43] cities acted, thousands of their own

[39:45] residents already had a financial stake

[39:48] in this. So I'm not here tonight to

[39:50] pretend that history doesn't exist or

[39:52] that this was an easy problem with an

[39:54] obvious answer. But understanding why a

[39:57] choice was made doesn't mean the people

[39:59] living next door to the result don't pay

[40:01] a real price. One of your own colleagues

[40:04] said it plainly at a January study

[40:06] session. This is a top complaint from

[40:09] constituents.

[40:10] People dealing with party houses,

[40:12] dealing with trash. Two residents told

[40:15] that council member they moved because

[40:16] of it. That's not a hypothetical. That's

[40:19] Arvvada.

[40:21] And it's not unique to us. In Dallas, a

[40:23] mother washed her street turn into what

[40:25] she called the Bourbon Street on Marty

[40:26] Gro. Uh, three bullet holes in the

[40:29] Reynolds front front door 40 steps from

[40:31] where kids play

[40:33] in Long in Long Beach. A man was chased

[40:36] across his own lawn and shot at right in

[40:37] front of his porch by someone connected

[40:39] to the Airbnb next door. These aren't

[40:42] rare exceptions dreamed up to scare you.

[40:44] They're what happens when a park

[40:45] property has no one responsible actually

[40:48] living there. No one to know and no one

[40:51] to care what happens on a given weekend.

[40:56] Cities that have made real progress on

[40:58] this didn't just ask for something to be

[41:00] done. They ask for something specific.

[41:03] So am I. Nevada proposed owner occupancy

[41:06] back in 2018.

[41:08] Staff recommended it again in 2020. The

[41:11] planning commission voted for it in

[41:13] 2019. It fell one vote short at this

[41:17] council in this room seven years ago and

[41:19] nobody's brought it back since. And it's

[41:21] important.

[41:23] I'm asking you to bring it back. Not

[41:26] because it's untested, because our VA

[41:29] already tried it, already believed in

[41:30] it, and let it go by a single vote.

[41:33] That's not radical. That's finishing

[41:35] what this city has already started.

[41:37] Thank you.

[41:38] >> Thank you.

[41:41] » Next, I have Francesco Vasali.

[41:52] Evening, council members. Uh, I'm here

[41:54] to discuss the proposal or wherever it's

[41:57] at with the paid parking in Oldtown. Um,

[42:00] I wanted to ask you guys reconsider this

[42:02] or at least uh slow down the process so

[42:04] more people can comment on it. I know

[42:06] there's been some discussion about it.

[42:08] Um, in particular, when I looked at what

[42:11] the council has published, uh, I agree

[42:14] that we could be making better use of

[42:16] the RTD garage. I believe one of the

[42:18] ways that we could do that is to add

[42:20] more signs in the high parked in

[42:22] streets, uh, indicating where people

[42:23] should go. I live in Arvvada on Otis

[42:26] Street. I love to invite my friends from

[42:28] Denver and the other surrounding towns

[42:30] to come hang out in Oldtown. I think

[42:32] that's very good for our businesses. Uh

[42:34] I know my friends would not enjoy it if

[42:35] there was no parking, but they know that

[42:37] the RTD garage is there and I make that

[42:39] easy for them. Uh obviously not everyone

[42:41] who comes to our town knows about this.

[42:43] Uh I think even people who do see it

[42:45] don't necessarily know that it's

[42:46] basically free. Uh so just a sign or two

[42:50] would definitely help uh raise

[42:52] awareness. Um I wanted to specifically

[42:54] discuss one of the stats that the mayor

[42:58] uh has discussed which was that there's

[43:00] about 92% uh parking occupancy and uh I

[43:05] believe it was also said that any

[43:07] parking occupancy exceeding 85% should

[43:10] be regulated. Um I I really don't think

[43:14] that's true. Uh I think that's a sales

[43:18] uh tactic from Park Mobile and some of

[43:19] the other firms. Uh, I went on quite a

[43:22] goose chase finding out where this 85%

[43:24] number comes from. Uh, if you Google

[43:26] that, you might find a 2014 paper by

[43:29] Arnet on the optimal parking target of

[43:31] curbside parking occupancy rate.

[43:33] Unfortunately, he provides no evidence

[43:35] for this because he's just borrowing a

[43:36] number from Shupe's 1999 paper. So, I

[43:39] read Shup's 1999 paper, which references

[43:42] the uh textbook, the parking of motor

[43:44] vehicles, published in 1972.

[43:46] Unfortunately, this textbook is $2,000.

[43:48] So, I was not able to acquire it. I

[43:49] sincerely doubt that the mayor or anyone

[43:52] on our council has acquired this book

[43:54] either. Um, with some more reading of

[43:56] these papers, uh, I was able to find

[43:58] that the claim is actually originally

[44:00] made in Vicer's 1995 paper, uh, where he

[44:04] remarked that about 15% vacancy seems

[44:07] right. Um, there's no evidence to

[44:09] support that. In the same paper, he also

[44:11] mentioned that possibly five, this is a

[44:14] quote, possibly five to seven spaces is

[44:16] about as many as can conveniently be

[44:18] controlled by one meter. Um, I don't

[44:22] think Arvvada's parking policy should be

[44:23] inspired or even remotely based on

[44:25] unsubstantiated claims from 1955. Uh, if

[44:28] we want to talk about what the real uh

[44:31] datadriven motivations are for this, I

[44:34] think that would be great and I think

[44:35] that should be clearly communicated to

[44:36] the people. Please do not site

[44:38] statistics like 85% with no source on

[44:40] your municipal website as it currently

[44:42] is. So, thank you.

[44:45] >> Thank you.

[44:47] >> Next, I have Tim Hall.

[45:00] I'd like to thank the uh council for

[45:02] your hard work and your dedication to

[45:05] what you do.

[45:07] Today we hear a couple of thoughts

[45:09] spoken with confidence and conviction

[45:13] that blatantly contradict what the Bible

[45:15] teaches.

[45:16] So if one asserts something that is

[45:18] contrary to scripture,

[45:22] what does one believe? Does one believe

[45:24] what the person says or what the holy

[45:26] book states?

[45:28] Often we hear the phrase, "We are all

[45:31] God's children."

[45:33] It sounds reasonable since the Bible

[45:35] proclaims that God created men and

[45:37] women. Even though God created humanity,

[45:41] the Bible does not say he created them as his children.

[45:46] In the garden, Eve doubted God and

[45:50] swallowed the serpent's lie. She

[45:52] disobeyed God's instruction not to eat

[45:55] the forbidden fruit. Eve herself being

[45:58] deceived convinced Adam to eat as well

[46:02] because of their disobedience.

[46:04] God being just and holy cannot remain in

[46:08] the presence of sinful injustice.

[46:11] In fact, he is righteous and angry at

[46:13] such disobedience.

[46:16] When the first couple sinned, it upset

[46:19] the apple cart and created a chasm

[46:21] between God and man.

[46:24] Every person born after Adam and Eve is

[46:28] irrevocably changed and estranged from

[46:31] God and separated from him. He or she is

[46:35] not a child.

[46:38] This leads to the second thought which

[46:41] is contrary to what the Bible says. Most

[46:44] people believe that everyone is

[46:45] basically good. that if we do the right

[46:48] things for people and treat them with

[46:50] the right respect and value and insert

[46:54] them into our community system, they

[46:57] will reach their full potential because

[46:59] that person is good at the core of his

[47:01] being.

[47:03] The Bible doesn't say that. The Bible

[47:06] says people are not good. Scripture says

[47:09] in the book of Romans, there is none

[47:11] righteous, not even one. There is no one

[47:15] who understands. There is no one who

[47:18] seeks for God. All have turned aside.

[47:23] Those are dire words. Men and women are

[47:26] born into sin and their sin separates

[47:29] them from God. No one is innately good.

[47:33] But God in his mercy sent Christ, the

[47:38] perfect God man to the world to shed his

[47:41] blood to purify and forgive those people

[47:44] who trust in him to save them. When a

[47:47] person makes this request in dependent

[47:51] faith to believe in Jesus as his Lord

[47:55] and Savior at that time he becomes a

[47:59] child of God and that is good.

[48:03] something to think about.

[48:05] >> Thank you.

[48:07] Next, I have Diana Middlestat.

[48:17] Sierra Vista for 35

[48:20] years. I want to talk about short-term

[48:22] rentals, STRs. The reality is that STRs

[48:26] are businesses operating in our

[48:28] neighborhoods, not zoned for businesses.

[48:31] Many are unlicensed. Instead of our once

[48:34] friendly, quiet, joyful family sounds,

[48:37] we get loud drinking swimming pool

[48:39] parties from people who do not respect

[48:42] our residents. We have four STRs within

[48:45] two blocks. Two within a block in

[48:48] different directions, one within two

[48:50] blocks across the street from an

[48:52] elementary school. Can this really be

[48:54] safe? One within a half a block down the

[48:57] green belt from my home. This STR is the

[49:00] one I want to focus on. The noise levels

[49:03] are so loud in the summertime that we

[49:05] can hardly be in our black backyard. The

[49:08] noise coming from this STR is buil and

[49:12] the house is called party house. The

[49:14] party house even has a neon light on the

[49:17] wall in the living room which says

[49:19] party. We understand it is that this

[49:23] house was purchased by an outofstate

[49:25] investor and that the investor has at

[49:27] least one other STR in our neighborhood.

[49:31] There's many problems. Delivery trucks

[49:33] coming and going bringing more food and

[49:36] alcoholic beverages. Loud music and

[49:38] voices that does not stop. Trash is

[49:42] stacked up which may or may not be

[49:44] removed. Additional cars parked in the

[49:47] streets. many times six or more coming

[49:49] and going and a very loud air

[49:51] conditioner which I think they finally

[49:53] fixed. Yes, we can call on this STR and

[49:57] others in our neighborhood, but why do

[49:59] we have to live our lives policing

[50:01] people who do not live in our community?

[50:04] Party House and most of the other STRs

[50:07] have walled off the garage for

[50:08] additional sleeping. Party House is

[50:11] advertised for 16 plus guests. I believe

[50:14] Arvvada limits it 212 to 14. What are

[50:18] the fire codes? Are they monitored?

[50:21] Also, are we going to get a gunshot

[50:23] sensor? On August 30th, 6:23 a.m. 6 to

[50:28] eight gunshots were fired. The police

[50:31] could not confirm or find the source.

[50:34] They had to spend their valuable time

[50:36] driving the neighborhood. I did tell the

[50:39] police that it appeared to me that the

[50:41] shots came from the direction of party

[50:43] house. Interesting enough, there were

[50:45] guys partying the night before who left

[50:48] the house around the time of the shots.

[50:51] Please do your job and help us to have a

[50:53] strong community neighborhood of

[50:56] constructive citizens. Please help grow

[50:59] our schools with families, not parties.

[51:02] Fort Collins has a great model for

[51:05] limiting STRs. I know you've heard many

[51:08] negative facts on STRs, but I and my our

[51:11] neighbors would like for you to know our

[51:13] property values are going down, but

[51:16] property taxes are increasing. It's not

[51:18] fun living with event centers. Please

[51:21] help us when you discuss this in

[51:23] November meeting on STRs. Thank you.

[51:27] >> Thank you.

[51:29] Next, I have Patty Shannon.

[51:39] Good evening, Mayor Prom and council

[51:42] members. My name is Patty Shannon from

[51:44] West Arvvada.

[51:47] I'm [clears throat] here tonight

[51:48] regarding the proposed land development

[51:49] code amendment for Proposition 123

[51:52] projects. I understand the city's

[51:54] obligation to establish a fasttrack

[51:57] process and reach a final decision on

[51:59] qualifying affordable housing projects

[52:01] within 90 days.

[52:03] >> [clears throat and cough]

[52:04] >> But faster review should not have to

[52:06] mean less thorough review or eliminating

[52:10] the public's opportunity to be heard.

[52:13] The staff report says that because the

[52:15] conditional use process typically takes

[52:17] more than 90 days due to public

[52:19] hearings, the proposed solution is to

[52:22] eliminate the conditional use

[52:24] requirements for qualifying projects.

[52:27] I respectfully ask you to consider a

[52:29] different solution before that 90-day

[52:32] clock begins. Require a truly complete

[52:36] application

[52:37] for a large development that could

[52:39] include a thorough traffic impact study,

[52:42] emergency access and evacuation

[52:44] analysis, fire and safety review,

[52:48] infrastructure information, and the

[52:50] other studies necessary to understand

[52:52] how that development will affect the

[52:54] surrounding community. then establish an

[52:57] expedited schedule that [clears throat]

[53:00] allows staff review, public notice,

[53:02] public hearing, and a final decision

[53:04] within the required 90 days. We know how

[53:07] important this can be because we just

[53:09] experienced it with the proposed Avalon

[53:11] development at Welby Gardens. During

[53:13] that process, residents, Morning Star

[53:16] senior living residents and others

[53:19] brought forward significant concerns

[53:20] involving traffic, emergency access,

[53:23] evacuation, environmental conditions,

[53:26] and impacts on the surrounding

[53:27] neighborhoods.

[53:29] Imagine essentially the same development

[53:31] being proposed at that location, but

[53:33] with at least 50% affordable units.

[53:37] Under this proposed amendment, the table

[53:40] changes qualifying projects in th these

[53:42] mixeduse districts from conditional to

[53:45] allowed with an administrative process

[53:48] only.

[53:50] The affordability of the apartments

[53:52] would change, but the traffic wouldn't

[53:54] disappear, the evacuation issues

[53:56] wouldn't disappear, the safety concerns

[53:58] wouldn't disappear, and the neighboring

[54:01] residents wouldn't disappear.

[54:04] Proposition 123 requires the city to

[54:07] make these decision decisions faster.

[54:10] That should not mean making them with

[54:13] less information or without hearing from

[54:15] the people who will be directly affected

[54:18] before permanently removing the

[54:20] conditional use process. Please ask

[54:23] staff and the city attorney to determine

[54:26] whether we can instead require the

[54:28] necessary studies as part of a complete

[54:31] application and preserve a meaningful

[54:34] public hearing within the 90-day

[54:36] process. We can support affordable

[54:39] housing, meet the 90-day requirement,

[54:42] and preserve the public's voice. These

[54:45] goals should not be mutually exclusive.

[54:49] >> Thank you very much.

[54:51] And the last person I have signed up is

[54:53] Mike Rollik.

[54:57] » Good evening, Mayor Roam and Council.

[54:59] Thanks for uh this amazing move on this

[55:01] data center moratorum discussion. Um I

[55:04] think definitions do matter. You very

[55:06] complete definition here. I'm happy to

[55:08] see the 10 kilowatts or megawatts sorry

[55:11] the comp park um facility down in Parker

[55:13] 22 and a half 16 large cooling units

[55:16] that are actually bigger than

[55:17] semi-trucks. So 10 megawatt seems to be

[55:20] a very very good line of demarcation.

[55:22] However, in the um in the definition I

[55:26] think um regionally it would be a good

[55:28] idea to also mention something about

[55:30] quantum because quantum is not always

[55:31] AI. It is not always uh data hosting,

[55:34] cloud computing or support for AI.

[55:36] Quantum computing and the data center

[55:38] then now what's next from Kevin Miller

[55:40] goes through a host of different

[55:42] situations where data centers and

[55:43] quantum computing can live in the same

[55:45] world. Hybrid computers, the norm, not

[55:47] the exception. It says here, um, this

[55:50] gentleman is a regional data center

[55:51] director, so he he's definitely in the

[55:53] business. Quantum computers don't work

[55:54] in isolation, though. Every cubit has a

[55:56] classical entourage. This is much more

[55:59] like a traditional data center. Control

[56:01] devices, DAC's, timing systems, and such

[56:04] must sit nearby and drive and read the

[56:06] quantum processor. They sit in a cold

[56:08] control room adjacent to the quantum

[56:10] zone or cooled with either air or direct

[56:12] to chip liquid in the reg as in a

[56:14] regular data center. And he goes on to

[56:16] talk about more similar similarities

[56:17] between quantum and data center. Now

[56:20] quantum can be used for drug discovery,

[56:22] material science, financial risk

[56:23] analysis, cryptography, right? There's a

[56:25] lot of things that aren't traditionally

[56:27] AI. So I understand we have quantum

[56:30] commons coming up, but it is a a

[56:32] potential security thing. He mentioned

[56:34] security here as well, and this is

[56:35] something I had thought about. Lastly,

[56:37] these systems aren't just sensitive,

[56:38] they're also valuable. quantum IP is

[56:41] gold dust and the machines themselves

[56:43] are unique, fragile and irreplaceable.

[56:45] So security is natural take taken

[56:47] extremely seriously and he says about

[56:49] his blog 10 years ago um it says if

[56:53] something about a cracking a48 bit

[56:55] cipher in next to no time and re-encode

[56:57] in a truly unbreakable manner that's

[56:58] something that we're concerned with

[56:59] right now with banking and and crypto

[57:02] and how this might be able to break all

[57:04] normal cryptography if that becomes a

[57:06] truism and he goes on the necessity for

[57:08] security are pretty clear so both

[57:10] private companies governments and

[57:12] militaries alike are investing in

[57:13] fortress-like security far in excess of

[57:16] that in most other classical facilities

[57:19] and that becomes a land use

[57:20] consideration as well. If you're looking

[57:21] at security, if you're looking at

[57:22] setbacks, if you're higher walls,

[57:24] whatever that you'd have to do,

[57:25] security, cameras, privacy, noise,

[57:28] things like that, I would just ask that

[57:30] maybe data centers could include the

[57:32] quantum world as well. But thank you for

[57:34] this amazing move. Thanks so much.

[57:37] >> Thank you. Um, I have no one else signed

[57:40] up. Is there anyone in the room who

[57:42] would like to speak before council this

[57:44] evening?

[57:46] Okay, seeing none, I will close the

[57:47] public comment period. Um, as we close

[57:51] that, um, city manager Wick, um, we've

[57:56] heard some comments about short-term

[57:57] rentals. I didn't know if you wanted to

[57:58] share some information about folks can

[58:00] report those concerns, um, on our

[58:03] website.

[58:09] » Yes. So, I'm going to have Jessica

[58:10] Garner speak to that. She's been working

[58:12] directly on this.

[58:13] >> Great. I appreciate that. Thank you.

[58:15] >> Um, [clears throat] excuse me. I'm not

[58:17] quite sure. Folks are welcome to submit

[58:20] ask to ask Arvvada if they have any

[58:22] concerns about short-term rentals.

[58:24] [clears throat and cough] Excuse me, I

[58:25] have a cold. Sorry, I'm a little froggy.

[58:27] Um, I also that we also have an online

[58:30] link to Granicus. If anybody has any

[58:33] concerns about what's happening with a

[58:35] short-term rental, please utilize that

[58:37] opportunity. There is a live person that

[58:40] will take your call. You can also submit

[58:42] an email with any concerns. We do have

[58:44] requirements that the property owner has

[58:46] to respond within an hour um or the

[58:49] reporting party. So that we are

[58:51] requiring that in order to maintain

[58:52] those short-term licenses. And we will

[58:55] be talking about short-term rentals in a

[58:57] workshop with the council. I believe

[58:59] it's on December 8th. We wanted to wait

[59:01] a full six months until the ordinance

[59:03] had actually had some time and that

[59:05] would have fallen in November. So, we

[59:07] were as soon as we could. We got it

[59:08] scheduled in December. We'll talk more

[59:10] about it then.

[59:10] >> Thank you. I look forward to that

[59:12] conversation and appreciate you stepping

[59:14] in tonight to to share that information.

[59:16] All right. Uh, next is the consent

[59:18] agenda. The following items are on the

[59:20] consent agenda for approval. We have

[59:23] R26-069,

[59:25] a resolution authorizing a second

[59:27] amendment to the intergovernmental

[59:28] agreement by and between the urban

[59:31] drainage and flood control district DBA

[59:33] mile high flood district and the city of

[59:36] Arvvada regarding design and

[59:38] construction of drainage and flood

[59:39] control improvements for hidden lake

[59:41] drainage way at Arvvada Center and

[59:44] R26-070

[59:47] a resolution authorizing an agreement

[59:49] between the city of Arvvada and Arrow OJ

[59:52] Landscape and Design, Inc. for

[59:54] construction services in the

[59:56] redevelopment of Gold Strike Park. that

[59:58] is CSB26-VCN-030

[1:00:03] and an amount not to exceed 9

[1:00:06] million569,7516

[1:00:11] and R26 should071

[1:00:14] a resolution authorizing an amendment to

[1:00:16] the intergovernmental agreement between

[1:00:18] Jefferson County and the cities of

[1:00:19] Arvvada, Lakewood, Wheatidge, Golden,

[1:00:21] Westminster, and Edgewater for animal

[1:00:23] shelter dog licensing and funding to

[1:00:25] update the dog licensing requirements

[1:00:28] and provisions related to the support of

[1:00:30] shelter operations. Council member

[1:00:32] Feifer

[1:00:33] >> like to make a motion.

[1:00:34] >> Please do so.

[1:00:35] >> All right. Make the motion for

[1:00:37] resolution 26-069 through resolution

[1:00:40] 26-071

[1:00:42] be approved.

[1:00:44] >> And you may proceed to vote.

[1:00:47] All votes have been cast. And that

[1:00:49] passes 6 to zero with Mayor Simpson

[1:00:51] excused.

[1:00:54] Next on the agenda is resolution

[1:00:57] R26-072,

[1:01:00] a resolution approving the stipulation

[1:01:02] requesting that the hearing to be

[1:01:04] conducted pursuant to resolution number

[1:01:06] R26-063

[1:01:09] be conducted by a third party pursuant

[1:01:11] to section 2-378E1

[1:01:14] of the Arvvada city code instead of

[1:01:16] being heard by the city council. And I

[1:01:19] believe um city manag city attorney

[1:01:22] Rachel Morris, you have this item.

[1:01:24] >> Thank you, Mayor Prom Mormon. Um good

[1:01:27] evening, council. I wanted to provide a

[1:01:29] little bit of background on this one

[1:01:31] prior to the vote. Um,

[1:01:34] we we had this matter come before

[1:01:36] council a few weeks ago in resolution

[1:01:39] R26063

[1:01:41] asking council to make a determination

[1:01:43] on whether or not to proceed with one of

[1:01:46] two different one of not one of two on

[1:01:49] each of two ethics complaints that had

[1:01:52] been brought forward. So, council made

[1:01:54] the vote on that. Um, council for

[1:01:56] council member Davis did make some

[1:01:59] statements at that public hearing

[1:02:01] related to whether or not council might

[1:02:03] be witnesses for one or both of those

[1:02:05] proceedings depending on what council

[1:02:07] decided to do moving forward. Um, at the

[1:02:10] time that council was voting on that

[1:02:11] resolution, the city had not retained a

[1:02:14] special prosecutor which would who would

[1:02:16] represent the city. So, um, we did not

[1:02:19] present a position from the city related

[1:02:22] to that specific concern. Uh once

[1:02:25] council voted on those two resolutions

[1:02:28] and decided to move forward with one of

[1:02:30] the two ethics matters um the special

[1:02:32] prosecutor for the city was retained and

[1:02:35] then um he was consulted in it with

[1:02:38] regard to the concern that had been

[1:02:40] raised by um the attorney for council

[1:02:42] member Davis. So, the resolution you

[1:02:45] have before you tonight is being brought

[1:02:47] forward to you as a result of a

[1:02:49] stipulation, a joint stipulation reached

[1:02:52] by the special prosecutor for the city

[1:02:54] and the attorney for council member

[1:02:56] Davis. Um, so that's what's on the table

[1:02:59] for you right now. Um, if you have any

[1:03:01] questions, I'm happy to answer those.

[1:03:03] Um, I will say I think Council Member

[1:03:05] Davis will want to recuse herself for

[1:03:08] this one, but um, other than that, I

[1:03:10] think we should be good to go.

[1:03:11] >> Okay, Council Member Davis. Sure.

[1:03:15] I was not going to recuse myself since I

[1:03:17] am on the council, but uh what I think

[1:03:19] is important that uh the voters and

[1:03:23] taxpayers of the city should know that

[1:03:27] the city has engaged a special

[1:03:29] prosecutor and it is just not one

[1:03:31] attorney, it's three attorneys. So that

[1:03:34] would bring us up to six attorneys that

[1:03:37] have been engaged in um in these

[1:03:40] matters. And I I believe that I think

[1:03:44] it's as fiscal responsible having fiscal

[1:03:47] responsibility

[1:03:49] um and having already said that you that

[1:03:52] you do believe that I have violated the

[1:03:55] um the code that of ethics and that the

[1:04:00] you can censor me, you can take a

[1:04:04] month's worth of pay, which is about

[1:04:05] $1,700.

[1:04:08] Um, in terms of fiscal responsibility,

[1:04:10] this does seem a little upside down. And

[1:04:13] I just thought that the uh that the

[1:04:16] taxpayers should know that. And in terms

[1:04:19] of fiscal responsibility,

[1:04:21] is is this what we're doing? And um I I

[1:04:26] it it's

[1:04:29] what could what else could we be

[1:04:30] spending this money on and what aren't

[1:04:32] we spending this money on? So um I'll

[1:04:35] leave the uh the vote to the council. I

[1:04:38] will remain on the dis but I will recuse

[1:04:40] myself.

[1:04:42] >> And just in response do you want do you

[1:04:44] want me to respond to that? And I I can

[1:04:45] just provide some context as well

[1:04:47] regarding why um we have retained

[1:04:50] outside counsel for a number of these

[1:04:52] issues. So at the beginning of this

[1:04:54] matter um I think we had established as

[1:04:57] part of our process our public process

[1:05:00] that for the initial matter I was a

[1:05:02] witness and so I was not going to be

[1:05:04] advising the council and that's

[1:05:05] originally why we retained Mr. Hoffman.

[1:05:09] Um but those concerns were originally

[1:05:11] raised by council member Davis and her

[1:05:13] attorney. So, we in large part have been

[1:05:16] retaining outside attorneys to represent

[1:05:18] the city and to present the city's case

[1:05:20] in response to those concerns presented

[1:05:24] by um council member Davis and her

[1:05:26] attorney. And as I mentioned before in

[1:05:28] my presentation, um the concern about

[1:05:31] council being the deciding hearing

[1:05:34] officer was originally raised by the

[1:05:37] attorney for council member Davis. And

[1:05:39] that is what prompted us to consider

[1:05:41] hiring an outside hearing officer is to

[1:05:45] take into account that concern. and we

[1:05:47] wanted to be um as mindful of that

[1:05:50] concern as possible and be as dev

[1:05:53] differential to council member Davis as

[1:05:56] possible. So that's really what

[1:05:57] motivated our retention there. So I just

[1:05:59] wanted to provide that context.

[1:06:01] >> Thank you. So we do need to make a

[1:06:02] motion to recuse council member Davis.

[1:06:05] Um so I think council member Ambrose,

[1:06:07] your light was on first. Do you wish to

[1:06:09] make that motion?

[1:06:10] >> Yes.

[1:06:11] >> Okay. So

[1:06:12] >> I proceed.

[1:06:13] >> I I move that we recuse council member

[1:06:15] Sharon Davis for the decision on

[1:06:18] resolution 26072.

[1:06:21] >> Okay. Please cast your vote.

[1:06:27] All votes are cast and okay. So I need I

[1:06:31] need help. How do I clear out Council

[1:06:33] Member Davis from this vote? [laughter]

[1:06:36] >> We'll have to get rid [snorts] of it and

[1:06:37] do it again.

[1:06:38] >> Okay. So I need to clear vote. My

[1:06:39] apologies.

[1:06:41] Ah, easy. All right. Thank you, Council

[1:06:44] Member Griffith for showing me that. All

[1:06:46] right. So, I believe you can start

[1:06:48] voting now. Again, my apologies.

[1:06:54] Council member Feifer, I do need your

[1:06:56] vote. And Council Ambrose.

[1:06:59] Okay. Now, all votes have been cast. So

[1:07:02] that passes five to zero with both uh

[1:07:06] Mayor Simpson being excused and council

[1:07:08] member Davis who is recused herself.

[1:07:10] Thank you for that. All right. Um now to

[1:07:15] the um resolution before us. Council

[1:07:18] member Ambrose, do you wish to speak to

[1:07:20] the resolution? You may do so.

[1:07:22] >> Yes. Thank you very much. Um, I would

[1:07:24] like to say that uh we are engaging in

[1:07:27] this um in respect to council member

[1:07:30] Davis's request that we do an

[1:07:33] independent

[1:07:34] um third-party pursuant which requires

[1:07:37] this hiring. So, um, if we're talking

[1:07:40] about fiscal responsibility and how

[1:07:42] expensive things are, I think to achieve

[1:07:46] the standards of being as impartial as

[1:07:49] possible, it it is it does cost more

[1:07:52] money to do that. And also the money

[1:07:55] that it takes to um pursue every um

[1:07:59] possible objection of both sides is what

[1:08:02] is part of the cost consciousness. Um,

[1:08:05] I've spoken before about when somebody,

[1:08:08] you know, we have an employee, we have,

[1:08:11] um, members of the public saying, "Hey,

[1:08:14] I think one of your council members has

[1:08:16] violated your code of ethics or state

[1:08:18] law that we have to investigate that I don't think it's a proper

[1:08:23] response to say, well, that's too

[1:08:26] expensive and the end result punishment

[1:08:29] is only is less than $2,000." when it's

[1:08:33] really about the process. Um, I'd also

[1:08:36] like to say that um, at this point in

[1:08:39] the process, we have not determined if

[1:08:41] there's been an ethics violation or not.

[1:08:43] What we have is an investigation.

[1:08:46] And so, the investigation is factf

[1:08:48] finding. It is not a judgment. Um, and

[1:08:51] that is what we're moving forward. So, I

[1:08:53] just want to be clear to the public. I

[1:08:55] don't know which camera I'm on, but you

[1:08:57] know, I just want to be clear to the

[1:08:58] public about well, where are we at the

[1:09:01] point in the process and why has it

[1:09:02] taken so long and why is it expensive?

[1:09:04] And I just want to assure the public

[1:09:07] that if you come forward with an ethics

[1:09:10] complaint about one of us that we're not

[1:09:12] going to turn to the side and say, well,

[1:09:16] it's really expensive to investigate

[1:09:18] those. Um, and I also want to be clear

[1:09:21] about where we are in the process in

[1:09:23] that we've conducted investigations and

[1:09:26] now what this resolution is about is a

[1:09:29] third party is going to look at that and

[1:09:32] make a recommendation to the council

[1:09:34] about what the results of that

[1:09:37] investigation reveal. Is that am I

[1:09:40] understanding it correct?

[1:09:42] >> That's correct.

[1:09:43] >> Right. So there has been no judgment and

[1:09:46] we are doing this as impartial as

[1:09:47] possible. But to be as impartial as

[1:09:49] possible, we have to hire outside people

[1:09:52] without bias and that's expensive and

[1:09:55] that was actually requested by council

[1:09:57] member Davis. So, I just want to make

[1:10:00] sure that the public really understands

[1:10:02] where this is coming from and why it's

[1:10:04] taking so long and why we're spending

[1:10:06] money on this because it really is a

[1:10:08] respect to the public to our employees

[1:10:11] who have raised these complaints. And I

[1:10:13] would also like to register my complaint

[1:10:15] that I do not think it's proper for

[1:10:18] council member Davis to remain on the

[1:10:20] dis. Um, I think recusing yourself means

[1:10:23] that you don't want to be seen as

[1:10:25] influencing other council members on a

[1:10:28] decision that involves you. And so that

[1:10:30] is why we typically leave the room um

[1:10:34] when there are matters being discussed

[1:10:36] at which we are the subject of um that

[1:10:40] particular matter. We're trying to show

[1:10:42] that we are impartial. Um, and so I

[1:10:46] don't think that this is a good um,

[1:10:48] precedent for council members to be

[1:10:52] setting that when you're talking about

[1:10:53] me, I'm going to stay in the room. Well,

[1:10:55] that means that you are influencing the

[1:10:57] rest of council and what you actually

[1:10:58] hope the rest of council would have an

[1:11:01] objective treatment of your behavior and

[1:11:04] ethical standards. And I know that if I

[1:11:06] was under an ethics investigation, I

[1:11:07] would recuse myself because of that um

[1:11:11] you know typical standing that most

[1:11:13] council members have about what it means

[1:11:15] to recuse yourself. So, um, as

[1:11:18] respectful as possible, you know, I

[1:11:20] really appreciate, um, what people

[1:11:24] contribute here on council and I just

[1:11:27] want to note that these are my

[1:11:29] positions,

[1:11:31] um, and that I will be, um, supporting

[1:11:33] this because I think we're cooperating

[1:11:35] with council member Davis to have an

[1:11:37] impartial um, unbiased hearing about the

[1:11:40] results of the investigation.

[1:11:42] >> Thank you, Council Member Feifer.

[1:11:43] >> I'm sorry. Is there a motion on

[1:11:45] >> We have not had a motion in this

[1:11:46] resolution yet.

[1:11:48] >> Yeah. Council member Feifer,

[1:11:50] >> please make Yeah. You want to make the

[1:11:51] motion?

[1:11:51] >> Make a motion that we make comments if

[1:11:52] >> that's fine. Please do that. Yes. Um, I

[1:11:56] move that resolution 26-072, a

[1:11:58] resolution approving the stipulation

[1:12:00] requesting that the hearing to be

[1:12:02] conducted pursuant to resolution number

[1:12:04] um R26-063

[1:12:07] be conducted by a third party pursuant

[1:12:09] to section 2-378

[1:12:12] prin

[1:12:14] code instead of being heard by the city

[1:12:16] council be approved. And I do want to

[1:12:18] speak to to this as well.

[1:12:20] >> Please go ahead.

[1:12:20] >> Um, you know, absolutely spot on. Um,

[1:12:24] council member Ambrose, it it's

[1:12:26] important that we're all held to an

[1:12:28] ethical standard like you said last time

[1:12:30] and um, you know, sitting on the dis

[1:12:32] when you've been recused. This is the

[1:12:34] first in my 15 years that council member

[1:12:36] did it, but the reason is is obviously

[1:12:37] not if there's a conflict of interest

[1:12:39] uh, not to pers uh, persuade other

[1:12:41] people on the dis uh, uh, through either

[1:12:44] being bullying or through submission or

[1:12:47] any of that. So, I agree with you

[1:12:49] completely. um it just shows kind of

[1:12:52] where we're where we're heading in this

[1:12:53] thing. It just doesn't seem to get

[1:12:54] easier for any of us. And I also

[1:12:56] appreciate the fact that um Rachel and

[1:13:00] your team and our attorney Kaufman and even the suggestion of the uh the um

[1:13:06] I guess it's the counselor of council

[1:13:08] member Davis of suggesting that um we

[1:13:11] bring in a third party pursuant to that

[1:13:13] hearing. And um I think it's important

[1:13:16] uh for all fairness. So, I appreciate

[1:13:19] the I think I don't know if where this

[1:13:21] came from necessarily from prosecutor or

[1:13:22] andor you or or Kaufman, but I

[1:13:25] appreciate the fact that you brought it

[1:13:26] forth and again being further the

[1:13:29] transparency of the process. Uh,

[1:13:32] furthermore, so I'll be supporting the

[1:13:34] request and looking forward to hopefully

[1:13:36] get this put to rest here soon.

[1:13:38] >> Thank you, Council Member Griffith.

[1:13:41] >> Uh, thank you, Mayor Prom. I'll be as

[1:13:44] short as I can with my comments. Um, I

[1:13:46] agree with a lot of things that I've

[1:13:48] heard up here tonight. Um, not not

[1:13:50] everything, but um, I just wanted to,

[1:13:53] this is probably very confusing for the

[1:13:54] public, um, because this has been going

[1:13:56] on for quite a while and many of the

[1:13:58] details um, are

[1:14:02] forthcoming, so to speak, um, pending

[1:14:05] this the uh, the hearing and the exact

[1:14:07] format of the hearing. So, I understand

[1:14:08] that that can be frustrating. Uh what I

[1:14:10] wanted to say is um it's my perspective

[1:14:14] that uh staff, our legal council, city

[1:14:18] members of city council um including

[1:14:21] council member Davis and her

[1:14:23] representation I think are all in the

[1:14:25] pursuit of what's right and I think

[1:14:28] there's some differences of opinion on

[1:14:30] exactly what that is and how it's

[1:14:31] determined. Um, I appreciate to a great

[1:14:37] extent that we're trying to do this

[1:14:39] properly. I mentioned this in my

[1:14:41] comments on August 18th that I feel like

[1:14:44] uh this is particularly challenging

[1:14:46] because it's not something that we have

[1:14:48] experience with in the city of Arvvada,

[1:14:51] which is great. We don't have a lot of

[1:14:53] ethics violations happening on a regular

[1:14:55] basis here. Um, but that makes it

[1:14:57] challenging to kind of manage the

[1:14:59] process. Um, uh, as a human being, I

[1:15:02] understand why Council Member Davis

[1:15:04] would like to be here while we're

[1:15:05] speaking directly to things that concern

[1:15:08] her personally. Um, I am not sure

[1:15:12] exactly how I feel about the recusal and

[1:15:16] staying in place, but I do see that

[1:15:20] typically the recusal is done for

[1:15:23] something that's not rel related to you

[1:15:25] directly, um, but a perceived conflict

[1:15:29] that may arise. So, it's a, like I say,

[1:15:32] this is something that we haven't dealt

[1:15:33] with before as a city and, um, we're

[1:15:36] trying to follow a process to the best

[1:15:37] of our ability. Uh, so with all that,

[1:15:40] um, I will be standing by the comments

[1:15:41] that I made in August 18th. I will not

[1:15:44] be supporting this motion, but I just

[1:15:45] wanted to provide some context. Thank

[1:15:47] you.

[1:15:48] >> Thank you. I see no more comments um on

[1:15:51] this or discussion, so I'm going to open

[1:15:53] for voting. Please proceed to vote.

[1:16:02] All right, that passes 4 to one with uh

[1:16:06] Mayor Simpson being excused and Council

[1:16:08] Member Davis recused.

[1:16:14] We will now move on to first readings.

[1:16:17] Um, Council Member Davis.

[1:16:21] Thank you.

[1:16:23] I move that CB26-025,

[1:16:26] an ordinance annexing certain land

[1:16:27] within the city of Arvvada concerning

[1:16:30] water treatment plant parcel number one,

[1:16:33] a 17.885 885 acre of parcel of parcel of

[1:16:38] land located at 6809

[1:16:42] state highway 93 in the city of Arvvada,

[1:16:44] county of Jefferson, state of Colorado,

[1:16:46] and CB26-026,

[1:16:50] an ordinance annexing certain land

[1:16:51] within the city of Arvvada concerning

[1:16:54] water treatment plant parcel number two,

[1:16:56] a 9.016 016 acre parcel of land located

[1:17:00] at 6809 state highway 93 in the city of

[1:17:04] Arvvada, county of Jefferson, state of

[1:17:06] Colorado, and CB26-027,

[1:17:10] an ordinance reszoning certain land

[1:17:12] within the city of Arvvada,

[1:17:15] uh, water treatment plant,

[1:17:17] county of Jefferson, um, oh, I lost my

[1:17:20] place. I'm sorry. a water treatment

[1:17:22] plant from Jefferson County PUB to City

[1:17:24] of Arvvada Open Space and amending the

[1:17:26] official zoning maps of the City of

[1:17:28] Arvvada, Colorado and CB26-028,

[1:17:32] an ordinance repealing and reenacting

[1:17:34] table 3-1-2-2

[1:17:38] residential land use by zoning district

[1:17:41] and CB26-029,

[1:17:44] an ordinance authorizing a moratorum on

[1:17:46] the submittal and acceptance of

[1:17:48] applications for primary use data

[1:17:50] centers. All be approved on first

[1:17:52] reading, ordered, published in full, and

[1:17:54] a public hearing set for October 6, 2026

[1:17:58] at 6:15

[1:18:00] p.m.

[1:18:01] >> Very good. All right. I will open for

[1:18:04] voting.

[1:18:07] » I can't vote.

[1:18:08] >> Oh,

[1:18:10] you can now.

[1:18:13] All right. All votes are cast. That

[1:18:15] passes six to zero with Mayor Simpson

[1:18:18] being excused.

[1:18:22] And next we have uh a need to cancel the

[1:18:26] October 13, 2026 meeting since there are

[1:18:28] no scheduled agenda items for that

[1:18:30] meeting. Do I have a motion to cancel

[1:18:33] the October 13, 2026 meeting?

[1:18:37] Um,

[1:18:39] Council Member Davis,

[1:18:41] >> make the motion motion to cancel October

[1:18:44] 13, 2026 workshop meeting.

[1:18:46] >> All right, you may proceed to vote.

[1:18:51] All votes are cast. That passes six to

[1:18:53] zero with Mayor Simpson excused. Thank

[1:18:55] you.

[1:18:57] We have uh no public hearings tonight.

[1:19:00] So, next on the agenda is our second

[1:19:02] public comment time. Is there anyone in

[1:19:04] the council chambers who wishes to make

[1:19:06] public comment this evening for five

[1:19:08] minutes?

[1:19:11] All right. Seeing none, I will close

[1:19:14] that

[1:19:16] and we'll go to reports. So, first of

[1:19:19] all, uh, reports from council members.

[1:19:25] Council member Feifer. Well, once I

[1:19:27] found parking in Oldtown, [laughter]

[1:19:29] the shindig was awesome. It was packed.

[1:19:32] I didn't get to go till about 6:30 and

[1:19:34] it was still happening. So, pretty

[1:19:36] impressed. Um, I was reflecting the day

[1:19:40] when I had the store in Oldtown, uh, how

[1:19:42] much I begged for Old Wadssworth to be

[1:19:44] closed during Halloween. Do you remember

[1:19:46] those days?

[1:19:48] And I was told never, it will never

[1:19:50] happen. And I was worried about the

[1:19:52] little kids walking on the sidewalk

[1:19:54] going trick-or-treating from business to business. And I was the HOD

[1:19:57] president at the time. And I was

[1:20:00] reflecting with my wife how exciting it

[1:20:01] was to have the roads closed and have a

[1:20:04] pedestrian uh mall kind of environment.

[1:20:06] And it was good to see all the families

[1:20:08] and uh how packed it was and the kids

[1:20:11] running around in a safe environment. So

[1:20:13] I just, you know, at the time it made

[1:20:15] one sense and today it makes better

[1:20:16] sense in my eyes. And so, um, it's just

[1:20:19] exciting to see how vibrant, um, it is.

[1:20:21] I spoke spoke with a lot of the owners

[1:20:22] and everything and caught up with some

[1:20:24] old friends. So, it was good shindig.

[1:20:26] That was actually a really good, uh,

[1:20:27] party that they had in Oldtown. So, I

[1:20:29] just wanted to make comments and show

[1:20:30] the success [clears throat] of that, the

[1:20:31] bid and and the business down there.

[1:20:33] >> Awesome. Thank you. Uh, Council Member

[1:20:36] Ambrose, you were next.

[1:20:38] >> Thank you. Um, I went to the Arvvada

[1:20:40] Economic Development Association board

[1:20:42] meeting today and there was a great

[1:20:44] presentation on uh the city and Aayita

[1:20:47] working together on supporting

[1:20:49] businesses to um look at their carbon

[1:20:53] footprint and be more aligned with or

[1:20:55] not be more aligned but ideas in which

[1:20:58] the ways the um climate sustainability

[1:21:01] action plan um and businesses can be

[1:21:04] working together and offering uh

[1:21:06] resources for that. So, wanted to report

[1:21:08] back on that positive collaboration. Um,

[1:21:13] and yeah, the Oldtown Shindig was great,

[1:21:16] except the dunk tank didn't work.

[1:21:17] [laughter]

[1:21:18] So, um, sorry for everybody who got

[1:21:20] robbed of dunking me and Mayor Simpson

[1:21:24] at the shindig. But, um, that's my

[1:21:26] report. Thank you.

[1:21:26] >> Fabulous. Thank you. Uh, Council Member

[1:21:28] Griffith, you were next.

[1:21:30] >> Thank you, Mayor Prom. Uh, just wanted

[1:21:32] to provide a quick update with the REMAX

[1:21:34] event that we had last week on aging in

[1:21:36] place. uh in Arvvada. I thought it was

[1:21:38] very successful. Um we had the mayor of

[1:21:40] Wheatidge there as well as myself and we

[1:21:43] had a uh not an actuary um who writes

[1:21:46] wills lawyer.

[1:21:48] >> Yes, someone who [laughter] practices

[1:21:50] law. Um there's a name for it. Estate

[1:21:53] planner something. I'm botching this

[1:21:56] really bad. But um can you help me out?

[1:21:59] >> No, not a demographer.

[1:22:01] >> I think you're fine to just say an

[1:22:03] estate planner or a trust and estates

[1:22:04] attorney. Yeah, I think that's probably

[1:22:06] right. It was wonderful and the list of

[1:22:08] everybody that was there is is available

[1:22:10] online. But anyway, I wanted to give

[1:22:12] some kudos to staff because they were

[1:22:14] prepared a number of things for me. One

[1:22:16] of which was all of the um aging in

[1:22:18] place measures that the city is

[1:22:20] currently doing here in our uh along

[1:22:22] with affordable housing uh that's

[1:22:24] available here in the city um at various

[1:22:27] levels and some of it in pipelines, some

[1:22:29] of it already existing. there was a lot

[1:22:31] of interest in aging in place from a a

[1:22:34] maintenance and modification standpoint.

[1:22:36] Um, and I was really excited to to share

[1:22:38] with there's a program in the city to

[1:22:40] that will help offset some of the costs

[1:22:42] for ramps, uh, bathrooms and other

[1:22:44] simple modifications will allow you to

[1:22:46] stay stay in your home. Um, that was a

[1:22:50] part of it. Another part of it was the

[1:22:51] need for certain type of housing that we

[1:22:53] don't typically see without stairs, um,

[1:22:57] smaller footprint homes. And I think

[1:22:59] these are ongoing conversations that

[1:23:00] don't just affect the elderly in

[1:23:02] Arvvada. But um I really appreciated the

[1:23:05] opportunity with Remax to participate in

[1:23:06] that and learned a lot about uh things

[1:23:09] that we need to start addressing. One of the big things I'll say, sorry uh

[1:23:13] was trying to figure this out in my

[1:23:14] head. Uh 150,000

[1:23:18] uh residents projected in Jefferson

[1:23:20] County by 2030 that are over the age of

[1:23:24] 55, I believe, was the stat that really

[1:23:26] caught my attention. Uh, so that's a significantly increasing

[1:23:30] number.

[1:23:31] >> I'm now one of them.

[1:23:32] >> Oh, great.

[1:23:35] >> Uh, anyway, this story ends now.

[1:23:38] [laughter] Thank you.

[1:23:42] » Thank you, Council Member Griffith. Uh,

[1:23:44] Council Member Davis, you're next.

[1:23:46] >> Yes. Thank you. Um, I was able to attend

[1:23:49] the Arvvada Pow-Wow if that was at the

[1:23:52] Arvvada Center. It was amazing. The the

[1:23:57] dress, the the singers, the drummers. It

[1:24:00] was um an all inspiring uh event. So,

[1:24:05] I'm so glad I had the ability and the

[1:24:08] availability to go to that. I will be uh

[1:24:11] attending a CML dinner tomorrow night

[1:24:14] and I will bring forward some of the

[1:24:16] issues that we talked about in public

[1:24:18] comment um this evening to see how other

[1:24:22] uh cities and municipalities are feeling

[1:24:24] um and um we'll report back on how CML

[1:24:28] will vote on this on on the 18th uh that

[1:24:32] this will come uh in front of us and

[1:24:36] that's about it. The shindig was

[1:24:38] fabulous. I was at the Kowanas tent and

[1:24:41] we did a pretty good it was a slow start

[1:24:43] but then we got pretty steady and so we

[1:24:46] did a good steady job out there. So I'm

[1:24:49] um other members were at that and it was

[1:24:52] a lot of fun. So can't wait till the

[1:24:55] tree lighting.

[1:24:57] >> Thank you Cath Davis. Council member

[1:24:58] Leverson.

[1:25:00] >> Thank you so much. I uh was also very

[1:25:02] honored to attend the powow. um just

[1:25:05] yeah really amazing experience uh and

[1:25:08] really grateful we're able to do that in

[1:25:10] our community and acknowledge those that

[1:25:13] were here first. Um the second thing is

[1:25:16] I've got my monthly meet and learn on

[1:25:18] September 24th. This one is about

[1:25:20] building our VAT. So we'll have staff

[1:25:22] members talking about all the different

[1:25:24] ways we build our VAT specifically

[1:25:26] focused on um businesses and

[1:25:29] development. So if you have any

[1:25:31] questions, these are meant to be more of

[1:25:33] a conversation than a presentation. And

[1:25:37] the learn and meet and learn is really

[1:25:39] so we can learn from community members

[1:25:41] maybe gaps in understanding or what the

[1:25:44] perspective of the community is. That

[1:25:46] will be September 24th 5:30 to 7. And

[1:25:49] that will be at the um Aita uh and ORA

[1:25:54] are in the same building over at 5603

[1:25:56] Yukon Street. So, uh, right by Grand

[1:25:59] View and Yukon, um, we'll be meeting

[1:26:01] there and we'll have snacks. So, bring

[1:26:03] your questions.

[1:26:05] >> Great. Thank you.

[1:26:07] >> Um, I just heard a council member Feifer

[1:26:09] is coming because of snacks.

[1:26:13] Um, I have uh two Arat Center related uh

[1:26:16] things to report. One is um we had a

[1:26:19] great opening night for Misery. Um, get

[1:26:21] your tickets and go see it. It's really

[1:26:23] an amazing production and just

[1:26:26] theatrically it's it's very well done.

[1:26:28] So the set is is as they say the set is

[1:26:31] one of the actors. So make sure you go

[1:26:32] check it out. Um and then uh last

[1:26:37] Thursday they had their opening night

[1:26:38] for a new gallery exhibit which is

[1:26:40] called Par

[1:26:42] um with art being in caps. And it's

[1:26:45] really a great exhibit and it was a very

[1:26:47] fun event. They had um flame juggling

[1:26:51] and um just a lot of of fun things going

[1:26:55] on for the party theme and great food.

[1:26:57] So um it's a good evening and and check

[1:26:59] out that exhibit. Um I will turn it over

[1:27:02] to uh city manager Wick.

[1:27:05] Thank you, Mayor Pro Tim. Um couple of

[1:27:07] things tonight. First, next week you'll

[1:27:09] have a workshop on the budget. So we'll

[1:27:12] look forward to giving that presentation

[1:27:14] next week. And then uh today the 10th

[1:27:16] Circuit Court of Appeals released its

[1:27:18] opinion on the gross reservoir uh issue

[1:27:22] and the court has ruled in favor of

[1:27:24] Denver Water. So the project will be

[1:27:26] able to move forward from this point. So

[1:27:29] we'll be reading thoroughly through that

[1:27:31] opinion and fully understanding that and

[1:27:33] then um uh working with Denver Waters as

[1:27:36] that move forward. So thank you. That's

[1:27:38] all I have today.

[1:27:39] >> Excellent. Thank you. Uh, city city city

[1:27:42] uh attorney Morris, what do you have for

[1:27:44] us tonight? Or I will I will Morales. I

[1:27:47] will ask Jessica Morales. Yes.

[1:27:50] >> Thank you. Nothing for the city

[1:27:51] attorney's office.

[1:27:52] >> Thank you. All right. Well, with that,

[1:27:55] we stand adjourned.

Arvada City Council Meeting September 15, 2026

Transcript