And I will say that again so you can hear me Welcome, I'd like to call the April 26 2022 city council meeting to order. May we have the roll call, please? mayor peck Present mayor pro tamarigas councilmember Hidalgo farang councilmember Martin councilmember waters Councilmember yopera mayor you have a quorum Thank you councilwoman Hidalgo farang is not with us tonight She's she's out So I have a reminder for the public that we are not able to live-stream this meeting But you can watch it at longmont public media dot org Anyone wishing to speak at first call public invited to be heard will need to add his or her name to the list outside the council chambers And only those on the list will be invited to speak at the first public invited to be heard Let's all stand for the pledge Allegiance to the flag of the United States of America and to the Republic for which it stands One nation under God Indivisible with liberty and justice for all Can I have a motion to approve the minutes of April 12th 2022? Thank you, that's been moved by mayor pro tamarigas seconded by a counselor Yarbrough Let's vote. Oh, that's right. Thank you mayor pro tim We're going to vote tonight by hand rather than by by the system There are a lot of things that are Going to be a little different tonight So bear with us all those in favor of passing the minutes raise your hand all those opposed that passes unanimously Are there any agenda revisions or submissions of documents tonight? mayor the only thing that we had was the General business item 12b the 2022 legislative bill recommended for a council position that was added at a later day Thank you Do any of the counselors have motions to direct the city manager to add items agenda items to future agendas Seeing none we will go on to The city manager's report No report mayor. Okay. Thank you We do have a special report tonight a proclamation designating the week of May 15th to the 21st 2022 2022 as national police week and further designating May 15th 2022 as peace officers Memorial Day in Longmont, Colorado so I'll read the proclamation and then if Whoever is accepting this plaque proclamation will step forward A proclamation designating the week of May 15th 20. I'm sorry May 15th through the 21st 2022 is national police week and further designating May 15th 2022 as peace officers Memorial Day in Longmont, Colorado Whereas the Congress and president of the United States have designated May 15th as peace offers Memorial Day and the week in which it falls as National Police Week and Whereas the members of the Longmont Police Department Play an essential role in safeguarding the rights and freedoms of the residents of Longmont, Colorado and Whereas it is essential that all citizens know and understand the duties responsibilities hazards and Sacrifices Sacrifices of their law enforcement agency and that members of our law enforcement agency Recognize their duty to serve the people by safeguarding life and property Protecting against violence disorder deception and oppression and Whereas the Boulder County Regional Peace Officer Memorial Service will be held at 4 30 p.m. On May 12th 2022 at the Longmont Civic Center Now therefore I Mayor Joan Peck and the City Council of the City of Longmont Call upon all citizens of Longmont and all patriotic civic and educational Organizations to observe the week of May 15th through the 21st 2022 as police week with appropriate ceremonies and Observances in which all of our people may join in in commemorating law enforcement officers past and present Who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and in so doing have established for themselves an Inviable and enduring reputation for preserving the rights and security of all citizens I further call upon all citizens of Longmont to observe Sunday, May 15th as Peace officers Memorial Day in honor of those law enforcement officers who through their courageous deeds Have made the ultimate sacrifice and service to their Community or have become disabled in the performance of duty and let us recognize and pay respect to the survivors of our fallen heroes Would you care to say anything officers? Mary morning mayor or evening mayor and council. I Just want to say I'm a bit honored to work for this city for over 33 years and We have received great support in this community it's We really are honored to just work with all the people of this community every day And and I know many of our officers are very appreciative of the support in the city and the city council And you are detective Jeff satter. Yeah deputy chief deputy chief Jeff satter. Sorry about that And we we are very fortunate to have you in our city as our deputy chief Master police officer Ryan Douglas, I want to just echo what chief satter said that I appreciate one as an individual two as an employee and three as a police officer Your support in the city support. It's always been great. I get far more compliments and Words of appreciation than the other side of that coin As I am in the community and I just appreciate working here Would you take a picture with us as you accept this proclamation? And mayor? I also heard overheard Wanted to reiterate it's at 4 30 p.m. On May 12th the Longmont Civic Center Yes, it is. Thank you for some reason. I said May 15th, but that was incorrect No, I think you got it. I just wanted to reiterate May 5th Sunday May 15th is the Actual day exactly so May 12th. Thank you So anybody who wants to attend that? Again, it's May 12th at the Civic Center for 30 p.m. Let's go on to Our next presentation, which is the LEDP Quarterly first quarter of 2022 presentation. Okay, there we go Good evening mayor Peck and council members. Thank you for your patience I'm Jessica Erickson president and CEO of Longmont Economic Development Partnership here to give our first quarter 2022 impact report So I'll start by reminding you that the objectives in our economic development contract with the city of Longmont include strengthening Longmont's competitive position marketing long want nationally and globally Supporting the creation and retention of quality jobs Advancing opportunities for entrepreneurship and innovation and advocating on behalf of all Longmont businesses Our citywide economic development strategy advance Longmont to establishes goals objectives and priorities in the focus areas of talent industry place Which is place making? Transportation connectivity and impact the focus areas that Longmont EDP objectives within the contract with the city Are in include talent industry and impact So my report this evening will reflect our work towards those objectives related to the talent industry and impact focus areas starting with talent Our first talent objective within the city contract is marketing and recruiting Executing a focused marketing and recruiting recruitment campaigns directed at attracting new talent to our community Our first quarter progress we base we measure our success and our progress based on standard marketing KPIs which include impressions click-throughs and Website visits, so we had just over half a million ad campaign impressions in the first quarter of 2022 With over 1,800 clicks through our ad campaign The top five user locations for our marketing campaign are the top five places where people were engaging from Colorado, Kansas, California, Maryland and Virginia We had over 6,500 unique users to our website in the first quarter with the top three ad groups based on clicks through Mean our general talent attraction ads our business catalyst talent attraction ads and our knowledge creation talent attraction ads nationally Phoenix is pulling better than all other markets on our LinkedIn ad campaigns and Los Angeles has the highest level of overall engagement on our Facebook ad campaigns Denver LA and Orange County have the highest overall engagement across all our display advertising campaigns Our second talent objective is our annual workforce perception study No progress really to report here that study will be conducted in 2022 with the results reported and published in I'm sorry in July 2022 with the results reported and published likely in August of 2022 Objective 2.1 in our contract is talent intelligence data. So that's gathering aggregating and reporting out Industry demands and needs for talent and where we sit as a community relative to those needs for talent So in order to aggregate that data as primary data We have this year included 27 different talent needs assessment questions on our annual elevate primary primary industry retention survey This survey doesn't close until April 30th of this year And so the survey analysis and reporting will come after that and we'll have some target industry specific insights that we'll be able to share with you as part of our Q2 2022 report Then our final talent objective is supporting talent systems. So that's supporting our existent existing talent systems including workforce development Front-range community college and st. Rain Valley school district and we do this through ongoing direct referrals as well as inclusion of their information in any prospect responses or RFP Responses for industry prospects that we share So when we look at a snapshot of all of our talent objectives within the city contract marketing and recruitment workforce perceptions Talent intelligence data and supporting talent systems We are on target to meet and achieve all of the objectives and goals set out within the contract The industry focus area our first objective is primary industry growth So we are one of the Metrics that we have in there is completion of the update of the city's primary industry incentive policy We have met with the city manager's office staff to continue the work on that that was started in 2020 So we fully expect that that will come forward and you will see those recommendations in 2022 likely in the second quarter of 2022 The second objective is lead generation So that's our ability to create interest among primary industry prospects nationally regionally and locally To consider a long want as a place to relocate and expand So we currently It or in Q1 of 2022 we did generate eight new primary industry prospect leads Three of those were formal RFP responses that we participated in in partnership with metro number economic development Corporation in the state office of economic development So with those eight new prospects we have 13 total carrying over several from 2021 of All of those 13 product Prospects 2400 potential net new jobs could be created if we were fortunate enough to win them all $200 million in potential capital investment a third of our active prospects are in our smart manufacturing industry cluster and 90% of our prospects are in one of our four targeted industry clusters So only 10% are in another industry cluster. That's not part of our targeting strategy Our next industry objective is business retention. So the retention success and growth of our existing primary industry employers our 2022 elevate long want survey, which I mentioned earlier our primary industry retention survey closes on the 30th of this month. It was sent to 217 primary industry employers You can see the follow-up in work that we've done to achieve what we believe will be able to achieve Which is that 25% response rate that's within our contract our next industry objective is the administration of the grant funds from the city of Longmont We had been for the last two years using them to grant funds to early-stage companies that we're going through the innovate Longmont accelerator program as we are pivoting innovate Longmont to be the umbrella organization for the Ramp facility, which is as I've mentioned before the manufacturing accelerator facility that we're working on Once we get that up and running which we've secured the space for at this point in time We'll transition those grants to be early-stage startup grants for Companies going through the ramp accelerator as opposed to the innovate accelerator so when we look at a snapshot on the primary industry growth objective of updating the city incentive policy and We put a maybe We're very confident that that will happen, but because the work has not been done yet We don't want to counter eggs before they hatch so that's still in the maybe category and then similarly with our lead generation objective I'm confident based on the activity that we've had now coming into the second quarter That will achieve the objective of 50 primary industry prospect leads But basic math tells you that with eight leads in the first quarter If we stay on that same path that we're not meeting that objective at this point in time That we're fully confident that we will as we progress throughout the year and then our elevate survey objective we are meeting and Exceeding and then grant dollars again because we are not yet deploying those grant dollars We're still in that maybe category in terms of whether or not we're meeting that objective again not counting our eggs before they hatch And then our final focus area of impact the first is Advanced long want 2.0 collective impact backbone support So serving as that backbone organization to the advanced long want 2.0 strategic initiative working group work We held a strategy alignment retreat and have held 33 initiative support meetings With 11 future initiative structure building meetings scheduled We've developed it or we're working on development of a new initiative proposal Portal with community readiness guide expected to launch later in this quarter of 2022 And we've added four new advance on what 2.0 steering committee partners in That are joining in Q2 of 2022 Current advanced long want 2.0 collective impact initiatives are accessible and affordable child care Prosper Longmont was which is the attainable housing initiative the river district and then no wrong-door ecosystem for entrepreneurs Pipeline initiatives that are being worked on for potential future advanced long want 2.0 collective impact initiatives are the interest city shuttle system and Again the ramp industry accelerator or manufacturing industry accelerator facility Our second impact objective is the collective data dashboard which Has launched and is available on the advanced long want website So if you go to advanced long want org, we now have a real-time data dashboard That's tracking the data that was included in the original market assessment that Was is what contributed to the advanced development of the advanced long want 2.0 strategy And then finally our aspire leadership council our goal is to grow that to 40 members We have 30 members as of March 31st So as of the end of the second quarter new members include red wire aerospace and bond commercial properties The aspire leadership council as I've mentioned before does have their own pool of funding that they use to fund special projects and strategic Initiatives we have had no new projects funded in the first quarter of this year Though we have a couple pending for the second quarter of this year both related to advanced long want 2.0 All right, so our impact snapshot Ale 2.0 backbone supporter advanced long want 2.0 backbone support We believe that we're on track to meet the objectives there the collective data dashboard as I mentioned is done It's up and running and then our aspire leadership council again. We put in that maybe category. We want to get to a 40 We're at 30 not counting our eggs But we are confident that we'll get to 40 members of our aspire leadership council and the funding that is associated with that Right, so overall economic indicators the city of long want or the long want area has about a six point seven billion dollar economy in 2021 we started the year with just over 55,000 jobs and Having seen 2.5 percent employment growth over the previous five years that counts the dip the loss in 2020 and 2021 as a result of the COVID-19 pandemic When we look forward to January 2022 so to this year from 2021 we're net we were at just over 56,000 jobs, so a 3.5 percent year-over-year increase in jobs and As of the end of the first quarter of 2022 or at about a 3.8 percent unemployment rate We look at a couple of other economic indicators including residential real estate median home sale prices in March of 2022 in the city of long want were six hundred and seventy five thousand dollars and As you can see from the comparative cities that we are still shockingly the affordable Boulder County from a home sale price perspective 105 homes sold with a hundred and eight on the market or listed in March of 2022 Which is significantly lower than historical, but as you can see still better than some of our neighboring communities Then we look at Commercial real estate, so and this is Q4 2021 data. It's the most current data. That's available through our data source catalyst But in Q4 2021 we had just over 9,000 square feet of absorption of office space with a 10.5 percent Vacancy rate and a hundred about 135,000 square feet of office space vacant with average asking rental rates of just over $16 per square foot and that's on a triple net basis Industrial real estate saw absorption of over a hundred and thirty-six thousand square feet with five hundred and thirty-eight thousand Almost five hundred and thirty-nine thousand still vacant, but a vacancy rate of seven point two three percent It would come as no surprise that we have a much more significant Industrial real estate market here in Longmont than we do an office real estate market in Longmont and That I believe is the end of my presentation and I will happily take your questions Great. That was great Thank you for that presentation. It looks like Mayor Pro Temer Rodriguez is Thank you Mayor Pacan and thank you Jessica for the presentation So first thing just a couple of clarifications The median family income cited is for a two-income household That is yes, that's a median household Yes, so yes, yes, so generally speaking would be two income household There are very few single income households Okay, in that range. Yeah, I figured as much so I just wanted to make sure that was clear And then so when we're talking about bringing in jobs Be it primary employers or secondary Would these Be jobs actually created or maybe jobs taken from other Municipalities be it out of state even would these be jobs poached if you will sure Councilmember Rodriguez mayor peck. Thank you for the question. I I won't say that jobs are never poached I will tell you that from a Metro Denver region perspective. We very proactively do not poach jobs from other communities We can't tell a company that if they find it preferable to move from one side of the county line to the other in Either direction we can't tell them not to but we don't incentivize that and then from a National perspective most of the projects that we're working on our expansion projects so expansions of companies So the creation of jobs that do not exist anywhere. So a good example of that would be Smuckers AGC Light deck those are all net new jobs not just to Colorado but to the planet because they're jobs that don't currently exist anywhere else Because they're resulting from expansion of a company or establishment of a new company Thank you because that's actually a very good point in the sense that I want to Explain to you our constituents sometimes that it's not just that we're we're taking companies from other places We're you know, we're hosting the expansion of those companies as you just said so that's great And then my last question is when it comes to your recruiting Marketing is there a balance between The talent that we need and then how you're recruiting them in your marketing Materials and so are you continually trying to keep that balance? You know knowing what jobs are needed here based on our employers versus necessarily say There's always a push and pull between You know folks leaving the industry and coming into the industry. Thank you for that question council member I'd be guys. I'm excited to answer that question We take a very data and oriented approach to our marketing in particular to our marketing for talent from across the country So what we do is part of our elevate long month survey as well as part of a significant investment We make in labor market and talent data on an annual basis is we Really get an assessment of down to the occupation codes What are the what is the talent that is needed by the industry that exists here today? And then we look at the rest of the country and we identify markets in the rest of the country that Have what we call an oversupply of that talent So graduating more people or have already in the market more people of that within that occupation Then what their industry demands and then we assess whether or not we consider ourselves as having a competitive advantage whether that be a cost of living or quality of life or Industry cluster advantage over those locations And so we've narrowed it down to about a half a dozen markets across the country where all of those things are true And we are targeting that talent that is an oversupply within that geography To address the needs of the under supply that we have here within our geography council waters Thanks for being a pack two questions Jessica the first As we find her kind of I hope we're finding our way out of the pandemic era into the post-pandemic future biggest challenges that we ought to be aware of that you're Facing or that you're gonna have to overcome to achieve Your those objectives to have a killer of a killer year Yes, thank you councilman waters mayor peck I think it comes as no surprise that the answer that question is the cost of housing In this market in particular we are I think at last I heard the fifth most expensive market in the country for housing And so every single employer that we talk to you whether they be already here or considering Locating here has expressed concern over that and the need to Address that challenge as I mentioned when we look at markets that we're targeting our market to for talent We're looking for a competitive advantage which in most cases would be cost of living quality of life type competitive advantage And there are fewer and fewer markets for now In fact that we have that cost of living competitive advantage over as a region how much of an issue I know Commercial space is also office space of all types or where have manufacturing space has been an issue It does that remain one of the challenges? It does remain one of the challenges However, that is being addressed. There's a significant number of square footage of New industrial development that will be coming out of the is coming out of the ground currently or will be coming out Of the ground in the coming months the next couple of years that will address that challenge for the for the long term So we have places for our company is to grow into So the second question really mapping under the first is if just fill in the blank if we could just do X it would substantially increase our opportunity to Raise all the boats that we'd like to raise with our economic development efforts. Thank you councilman wonders I mean I've said it a thousand. It's the attainable housing the workforce price housing issue and in particular and specifically Housing that provides an opportunity to get into home ownership and create wealth for one's family and Generational wealth transfer over time Thanks And I won't say nobody's solved that right so we're not alone But if we could figure that out we would be ahead of the rest for sure counselor Brighton Thank You mayor pack. Um, I just want to clarify We are the fifth most Expensive market and you didn't really define what the region is could you explain that of so that we all know What the playing field is? The Boulder County MSA so the Boulder MSA metropolitan statistical area, which is really Boulder County Is the fifth most expensive housing market in the country? Okay? And so while we are in the fifth most expensive market. We are the most affordable version of that Municipality yes, but that's not very affordable Yes, exactly. Thank you. Thank you Thank you But I do also have a question for you as housing in all of your reports seems to be the number one barrier to getting employers here Have you when you approach businesses or they approach? Longmont you in particular to relocate here or to start here Do you? Do you ask them to help us with housing? For example? Costco has been great in in being able to get that nine acres For example, maybe partnering with a developer who is going to build to invest in that development for some of their employees not all of them not the whole Development but a portion of that to to help us get the housing that we need for them so Thank You mayor peck for that question so that had Has some different answers so yes We have several of our larger employers in the city that are part of the conversation about how they can contribute to Solving the challenge of workforce attainable housing for their ability to continue to attract and retain talent here However when we're talking to companies that are considering expanding into this market that don't already exist here They have lots of places that they can go so they don't need to invest in building housing here when they can go to the middle of the country and Be in an environment where housing is affordable to their employees So it's not necessarily a conversation that we're having on the front end when we're trying to recruit a company here because that's a disadvantage for us In terms of attracting and recruiting new companies to our community, but absolutely companies like you see Eric Wallace here left-hand brewing company You see health Seagate and several others are all part of the conversation about addressing the challenge of Workforce housing and what they can contribute to that Great. Thank you for that because it does have to be a full community effort You can't just be the city council trying to build but the other thing about the affordability of this region is that We're pretty cool people who live here and that also drives the market up. So It is a challenge and I'm happy that you are looking at that. Thank you So we are now on to public invited to be heard. Do we have a list? Oh, thank you, Michelle so Speakers who have not placed their name on this list outside the council chambers will will not be called upon But you'll have the opportunity to talk or to speak during public hearing items this evening or at the final public The call for the public invited to be heard So we will start tonight with and I apologize if I mess up your name apologize in advance Kathleen Katnach Zack way easier than it looks Good evening mayor Peck and city council members. My name is Kathleen Katnack. I'm a member of pops protect our People and property I'm here tonight to thank you for your attention to and cooperation with our committee as we attempt to make Longmont a safer Community as you know this month is the driest April on record since the 1880s We are in a serious drought and it doesn't look like the situation is going to improve anytime soon Boulder County has implemented level one fire restrictions which among other things bans the use of all personal fireworks The county-wide ban is for the unincorporated areas of Boulder County This is confusing because we're in the city's jurisdiction not the county's Public education is needed to explain the difference and consistency in the regulations would help In light of our extreme fire danger. I'm asking that you follow Boulder County's level one fire ban Which includes completely banning the use of all personal fireworks Please join with the numerous other cities who have also banned fireworks during this time. I Also asked for a new fireworks ordinance that will be easier to enforce Including not requiring Residents to testify in court against their neighbors and that will also increase the fines and permit the confiscation of illegal fireworks Thank you again so much for all your attention to this matter. Thank you Kathleen Ramona is the next one Hello, I'm Ramona Jiru a member of a group called pop long Ramona. I'm excuse me. Would you mind giving us your address, too? Please yes, I don't want anyone to find me, but I will 1803 18th Avenue We're concerned about our very dry climate trends and want to protect long-run citizens and their property from fire Here is a quote from Jennifer Balch a fire scientist and director of the earth lab at CU if You don't want to burn down your neighbor's home or start a wildfire that threatens entire towns than just avoid fireworks This quote is from a public warning signed by 100 fire scientists Phillip Iguera a professor of fire ecology at the University of Montana who helped author the warning said Most wildfires Unsurprisingly occur close to homes fireworks tend to cause the most dangerous blazes We have a law that is in place to protect the public from illegal fireworks for a reason They belong in trained licensed and professional hands not in the middle of our neighborhoods We are asking the city to ensure our safety by creating an ordinance that can be easily enforced We know that it is difficult when people call you and are unpleasant Remember that these individuals believe that they are above the law They are asking you to endorse them breaking our law and therefore put our town at risk of fire and health issues. I Canvassed my neighborhood and learned that last year along with illegal fireworks a cannon when people was being shot off in our neighborhood There are children living close by and their parents do not want this Per the CDC Loud noise at a close range can permanently damage the hearing of children and adults The smoke that is produced makes it difficult for those with asthma to breathe Another neighbor mentioned the grasslands directly pined behind his house as a potential source of fire It used to be an organic farm, but it's no longer being worked and often the grass is very high While most of the citizens of Longmont observe the law a minority of the population is not doing so And that is unfair to the rest of us The current population of Longmont is estimated at ninety nine thousand four hundred and thirty six If there are fifty unlicensed fireworks displays that might have five participants each that is two hundred and fifty people If there are a hundred then that is five hundred people and so on This small percentage of our population must not be allowed to put our lives our property our children and our health in danger In closing I will say that I'm proud of living in Longmont and proud of the many good things the city council and the city employees have achieved Our group wants to be a part of the solution And we are willing to volunteer as efforts are made to educate the community and resolve these issues Thanks for taking the time to listen. Thanks, Pomona Next person is Brian Johnston Hi, I'm Brian Johnson a 926 Kauffman and before I speak about the 12 a fire works ban. I Let you know that I had a reporter so I'll be present last week in regards to the car stereo noise ordinance reach out That article today. It was in the Longmont leader. So please check it out I want to thank councilmember Martin for hurrying here her input on the article and Just want to say that I'm just trying to get the extreme violators addressed. That's it I think just some signage underneath the existing no cruising signs that read car stereo ordinance strongly enforced Might be sufficient enough to get it to reasonable levels I also wanted to offer that any of you think it's not that big a deal I wanted to offer to help you with your research Um, you like 90s gangsta rat dr. Waters I do I can come by after the meeting set in your house set outside your house for a couple hours and rock the windows and Let you experience what some of us here 16 hours a day At certain times So if you need me to bring come by with some biggie smalls or wu tang and bump your windows I I can do that. I'm just kidding. I would never do that to you doctor Um, in regards to 12 a I thought when I saw this was coming up. I pulled up This is the current drought map much recently posted um Nowhere in the states in white everywhere has a drought at some level It's extreme in southwest and 30 day projections so that extremity moving northwards um This is something I've been tracking over the past couple years that I kind of did on my own and google maps Uh, did it this is what's burned in just the past couple years around here between cowwood A couple of the other big ones. This is this excludes the table mesa fire from like months ago the fired north alliance Just a couple weeks ago and one we just had off north 75th what last week week before There's a lot of land that's been burned in the past in recent times and then lastly She already she beat me on this but this was the this is the current bolter county fire restrictions If you look at the very bottom where highlighted in red Cell use possession of fireworks is impermissible. So I just wanted to add that based on the current and projected risk of fire That is a no-brainer that you ban fireworks and should Things change prior to the fourth Maybe you could lift it if we get rained a week before You could consider lifting it but the way things stand now It's dangerous. It's it's it's it's a risk and um, and I think it's a no-brainer that that that you ban them So thanks for your time, and I appreciate your public service as always Thank you, brian britain cattrell Thank you mayor city council members. My name is britain cattrell. I live at 43 27 west 31st street. I'm in Greeley, Colorado And I'm here tonight just to let you know. I do work for the firework industry. I work for tnt fireworks We do work with local nonprofits here in Longmont and we sell state authorized neighborhood friendly fireworks. I know there's a significant Realization that we're in a dry period right now And we don't know what that's going to do it may trend dry, but I want to just let you know that Not only in partnership with our nonprofit groups That work diligently selling fireworks. They understand the risks and we all care about our state I want you to know that coming from the industry. We have been working as an industry with the Colorado division of fire prevention and control Um to address these issues This year we actually started last year working closely with the governor's office as well And uh, let me just make a statement that although we think that it's easy to make an enforcement of All fireworks, um, we know that that is almost impossible to do and data shows that when you Band fireworks and you prohibit even the safe and sane Local fireworks that are designed to you know be lit in your driveway or in your street. That's what state approved Colorado fireworks do People will go out and find their fireworks somewhere else and those are not state approved. They're brought in from somewhere else oftentimes But when they're afraid of getting caught they will now light those fireworks in places that are even more unsafe Rather than lighting them in their driveway in a controlled area They're now lighting them off their back porch or they're in their their backyard or they're going out of the city limits I've talked with numerous sheriffs Several elected officials state and local officials all over the state Who agree that the problem is not lighting a sparkler in your driveway? The issue is illegal fireworks. It's the things that leave the ground and explode And I just want to bring attention to the idea that an all-out ban of all fireworks is not necessarily the proper solution Think about the things that have been prohibited in years past Take substances that you tell somebody you cannot do this and what do they do? They immediately respond and granted it may be a small number of people But those people often Cause the problems and so what we would like to do as an industry is the same thing that we have been doing With the state of colorado and other local municipalities To partner with you on a robust safety and education campaign We can't have anybody misusing any type of firework legal or illegal in our state right now The best thing that we can do is unite as an industry and with safety Professionals to educate people in the proper way perhaps finding places that we encourage people to light that are safe Perhaps telling them of how to dispose of fireworks correctly How and where to purchase safe fireworks that have been designed to use in dry climates and in in tight Spaces in your neighborhood So we just want to let you know as an industry that we're here to make ourselves available as a resource for your community And for our state as a whole. Thank you for your time. Thank you britain Uh, erin kelvins Collins I hope I got that right Colkins, okay. Thank you Hello, I'm erin colkins 13201 east hundred and forty fourth avenue I also am in the fireworks industry. I'm with free to mink old glory fireworks Have a location or two here in the longmont area as well Of course, I work with britain In conjunction with the state on this uh, this mutual education campaign that we started last year brought on by the state actually and division of fire has you know agreed to at least repeat and And probably go further with the campaign this year than what was done last year Including education to not only the public but to people such as yourselves We've realized here in the last few years that a lot of times we're speaking at something like this And as much as we try to show you what we sell as colorado legal fireworks That there's some misconception that the fireworks that are being complained about are what we're selling in our in this In this jurisdiction, so So he's already explained in a little bit of detail, but but what we're selling is novelty items Fountains load of the ground nothing is going to leave the ground and go up in the air Smoke items sparklers things such as that so What we're trying to say is and that's what he hit on is you are Going to be told that you're banned from buying those colorado legal items Especially in these last few years People have proven that they want fireworks and they're going to celebrate in some way with fireworks If they are to leave and go buy them elsewhere It's especially up north here. It's probably going to be wyoming We just want you to know that when you're in wyoming and you're buying from one of those locations It's not the products that we're selling here. It's not the load of the ground Fountains or smoke. That's the aerials. So probably here I read where there was quite a few calls last year and complaints A lot of people used fireworks last year Probably the way to word it is if you've seen a firework that you want to complain about It's probably an illegal firework. You wouldn't even see the fireworks that we are selling Because they are not exceeding that high in the air So once again, we're here and we haven't even heard your opinion on this or what what you're thinking on this We just wanted to make sure you know We're here and want to be a part of it. We'd love to help educate the public with our locations and our Our customers and just know that we're here. Thank you very thank you Susan alling Susan alling 640 gooseberry drive I am president of the senior advisory board. I've started as an alternate there and the advisory board Is unanimous in supporting the amendment to change the makeup of the board to nine Full-time board members It would get a few more people involved and make for an easy majority and we're also On board with doing interviews as suggested by the city council where probably two of us Would be a part of the interview process Thank you. That's good to know. Okay Thank you. Thank you and Bruce Hollick Good evening mayor peck city council congressman our councilman waters My name is Bruce Hallock. I live at 24 26 Santa Fe drive in longmont And I'm a member of the board of directors for the villas at pleasant valley I spoke with you last on the 29th of march about the health hazards of spring gulch 2 Which is part of city property which drains out lot a which is a piece of property which the villas owns However, it is also a surcharge area from the city for your 100-year floodplain At that time I suggested that we needed to proceed with the engineering to be able to correct the problem with drainage talked about last time the Money that was being provided to various states for pandemic aid about two weeks later. If you remember the Denver post had an interesting article That the state had received 66 billion dollars about 11,300 per resident I'd urge you then I continue urge you now Go to the state go to the federal government. Let's work together to get some grant funds to get this work done This is a serious health hazard. We've already heard tonight about the serious drought. We have we all know about it If you remember the Kaiser Permanente article last time talked about drought causes a congestion of bird In smaller areas birds transmit these viruses and West Nile virus Then the mosquitoes contacted from the birds and we get it to humans As I reminded you I survived the attack that I had last august Okay, I spent a month in the hospital two months in rehabilitation. Thank goodness my good health the rest of it I survived The other gentleman who I cited in that article did not make it. He died in november last year So these are health hazards are serious and they're going to grow in This is the drought causes a number of problems fire causes health And we need to sort of I understand you've got a lot of things to deal with But we need to focus much effort as we can On trying to improve the drainage out of outlaw day We'll work with you the villas. We're prepared to assist do whatever we can But we certainly can't You know without your input your design is you it's your drainage area Without that design information and applying for permits to the core of engineers because they call it a wetland We could get their permit the approval on the basis of the health hazard imposes So I'm not restricted by you know, I'm not concerned that the core of engineers are going to deny it By need your help mayor. I need you to work with council and I know that Councilman waters is already working on this issue to try to get and we'll we'll bring more people in I'll bring more help in we'll need it to get this done Thank you. Thank you bruce Um, that is it for public invited to be heard. Um, do we need a break a bio break anyone up here? Okay, we all continue looks like we're good to go We are now going to have the consent agenda Um, michelle, would you mind reading the items into consent agenda? Um, so the consent agenda ordinances on the agenda will be set for second reading and public hearing on may 10th I must otherwise noted following the item title Item 9a Oh 2022-16 a bill for an ordinance amending chapter 2.84 0.020 of the long watt municipal code on the senior citizens advisory board item 9b Oh 2022-17 a bill for an ordinance amending chapter 11.04 section 11.04 0.140 of the long municipal code on the extension of the traffic safety surcharge item 9c resolution to 2022-63 a resolution of the longmont city council approving the intergovernmental agreement between the city of and boulder county public health for the genesis project teen parenting services item 9d resolution 2022-64 a resolution of the longmont city council approving the amended and restated special council contract between the city and kissinger and felman pc for telecommunications railroad and transportation special council services 9e r-22-65 a resolution of the longmont city council approving the union reservoir recreational lease between the city of longmont and the union reservoir company 9f r 22-66 a resolution of the longmont city council approving an intergovernmental agreement between the city And boulder county for a voter service and polling center use agreement for the 2020 22 election section Sorry 2022 election 9g r 2022-67 a resolution of the longmont city council approving the intergovernmental agreement between the city And the long want housing authority to provide community development block grant funding for the christman two apartments project 9h r dash 2022-68 a resolution of the longmont city council approving the intergovernmental agreement Between the city and the longmont housing authority to provide american recovery act funding for the christman two apartments project 9i r 2022-69 a resolution of the longmont city council approving the intergovernmental agreement between the city And the long want housing authority to provide American recovery act funding in the form of a loan for the christman two apartments project public improvement financial securities Thank you, michelle, and I see that staff would like to pull 9g 9h and 9i Do are there any other uh counselors that want to pull any other items? Okay, then can I have a motion to pass the consent agenda? minus g h and i Thank you a second That has been moved by councillor martin and seconded by councillor yarbrough All those in favor All those in favor, please raise your hand All those opposed so that passes unanimously with councillor hodoggle faring absent so we'll move now to items on the Second ordinance is on second reading and public hearing on any matter If anybody in the public would like to speak on this item Um, we will call on you, uh as soon as I read it It is ordinance 2022-15 a bill for an ordinance making additional appropriations for expenses and liabilities of the city of longmont For the fiscal year beginning january 1st 2022 Do we have a staff report on this? Ordinance no So, uh, do we have anybody from the public? I would open the public hearing on this ordinance 2022-15 Seeing none. I will uh Open it up for questions from council Seeing none. Can I have a motion? To pass 2022-15 So that has been moved by mayor pro tim, uh, rodrick is seconded by councillor waters All those in favor, please raise your hand All those opposed that passes with councillor hodoggle faring absent So we are now going to have a public hearing to consider action on amendment number 2101 to the 2021 cdbg action plan. Do we have a staff report on this? Thank you Mayor peck members of council. Thank you for having us tonight. This i'm molly o'Donnell housing and community investment division director for the city Um, i'm here tonight to uh, just briefly describe this cdbg funding action plan amendment A total of 60 471 dollars and 97 cents is being repurposed in this amendment From 2021 funding that was originally intended towards providing security and utility deposits For the housing solutions of boulder county coordinated entry participants to provide security The security and utility deposit program That program ended up getting funded by the locally funded voucher program and therefore the cdbg funding is no longer needed And therefore we are going to propose to move that funding over the christman 2 apartments acquisition project Which we'll be hearing more about tonight Um, and that's an addition to their addition their original cdbg allocation So we're required to bring this forward for public hearing If we have a change in eligible activities or the number of beneficiaries to be served, which this does in both ways Are there any questions from council on this ordinance? Seeing none, I would open it up for the public hearing. Uh, if you have any questions or comments on this ordinance Seeing none, um all those in favor of passing the Uh Ordinance to consider action on amendment 2101 to the 2021 cdbg action plan, please raise your hand Thank you, mayor pro tem So that motion was made by me mayor peck and seconded by mayor pro tem rodriguez All those in favor raise your hand All those posed that passes with councillor suzi hodoggo farang being absent So now we'd move to the items removed from the consent agenda by staff 9g which is The resolution of the longmont city council approving the intergovernmental agreement between the city and the longmont housing authority To provide community development block grant funding. That was What you just did so what we just passed was resolution 2022 67 No, mayor, um, this is a separate action item. That was the hearing that we were required to have And if if we could um, we would like to take g h and i together Can we do that? Okay If you want I can go ahead and talk for why why staff had to pull these items But yes, please. Okay so, um Item g was the resolution 2022 67 For the cdbg funding for christmas two apartments project 2022 68 Was the american recovery act funding for the christmas two project In 2022 69 Is the intergovernmental agreement between the city and the longmont housing authority to provide arpa american recovery act funding in the form of a loan for the christmas two apartments project public improvement financial securities That's actually the reason we wanted to pull these three is to really go over that because that is something that we haven't talked to council about Uh, but we wanted to grab all three of these items so that molly could talk through it And then i'll be jumping in as well into this conversation if needed okay Mayor peck members of council molly o'Donnell once again um, so the christman one apartments were uncompleted in 2018 by mgl developers And those provided 114 new affordable apartment homes in longmont mgl and the longmont housing authority have teamed up as co-developers for the second phase of development christman two will construct 83 new apartment homes affordable apartment homes available for households with incomes between 30 and 60 percent of the area median income With the unit serving an average ami of 50.48 percent, which is which is quite good for a project of this type christman two will be located just north of the christman one Near the intersection with state highway 66 in main The two developments will be connected with common amenities and common design anesthetics Christman two was awarded four percent low income housing tax credits in 2021 The closing on the land acquisition and the financing package is targeted to complete by mid june 2022 with construction starting immediately after By 2028 lha will assume ownership of all 197 units The total project cost for christman two is about 27 million dollars For every dollar of city funds put into that project 19 dollars is invested in long months affordable housing stock So the total city funding into the project considering the resolutions up for consideration tonight Is just over two million at about two million 52 thousand dollars in change That consists of an affordable housing fund loan of 600 thousand to pay for pre-development costs and that goes that's direct to mgl Then tonight's one of tonight's considerations the cbg grant of 402 950 97 to fund the acquisition of the land Including the amendment to the cbg action plan you just approved The arpa grant of 875 thousand dollars towards acquisition So 800 000 was originally approved by council in january out of the arpa allocation But due to construction cost escalation an additional 75 thousand dollars was needed to fill the gap to get to closing And additionally this arpa loan of a hunt up to 175 000 to pay for financial securities for public improvements On behalf of the development partnership, and i'm going to circle back that to back to that in just a moment Additionally the city will provide fee waivers and offsets to the project and lha is slated to extend its property tax exemption Resulting in an estimated five hundred and forty three thousand dollars an additional value So the loan for the financial security Financial securities for the public improvements is unique So the current estimation for the public securities is at a cost of 104 nine hundred and forty three dollars Which is a cost that it's included in the financing deal So we need it incorporated in the budget at closing Typically this is necessary to ensure that if the project fails to complete the public improvements The city has a funding source to complete the work But low income housing tax credits or li-tech projects have deep capital funding stacks Once the project closes on that financing the chances of the project failing to complete construction are extraordinarily low If the city loans lha the funding for the securities It would help close the gap created by construction cost escalation and help reduce the amount of cash needed to close Once the public improvements are completed to the satisfaction of the city lha would pay back the loan to funds and they could be reallocated to the next arpa project on the city's list Before that obligation deadline at the end of 2024 If the securities in the in the Unlikely event that the securities are drawn upon arpa funds would not be repaid to the city But would benefit the projects still and would still be put towards an eligible use under arpa Or the lha board of commissioners could can may may choose to enter into a repayment agreement with mgl To safeguard the funds and that board can consider that at a future time So a couple of items to kind of distill this down so Do you need to have a seat? Okay So when we were looking at this and they were building the capital stack The security showed themselves at the end of the project and I think part of that was because Not sure exactly, but I think the development partner was used to Not paying securities on affordable housing in other communities So I don't I think it just wasn't included when it came in If you remember when we got the additional million dollars from the department of housing We still said there was another three hundred and seventy five thousand dollar gap And so What we got concerned with in this is when you added the hundred thousand into it it started creating issues with the loan document Um, I think more importantly molly, correct me if i'm wrong when you look at it And you were to include the hundred thousand dollars into the loan It gets caught up in the waterfall in terms of how people get paid back And and so what that means is that Where it would be what fourth or? fifth molly So if we loaned it into the partnership it would be Fifth on the waterfall so last to be paid back so it'd be the last to be paid back So that would mean that you probably wouldn't get the money back until you recindicated in 20 to 25 years We didn't want to get that money trapped in the waterfall provision in terms of the affordable housing loan So we looked at this process, which is essentially arpa loaning The securities and we did go beyond the initial estimates because if we need to pull early building permits Then you have to actually Provide securities at 150 versus the hundred percent security. So that would go up Estimated 30 or 40 thousand dollars. We pushed it to 175 in case There there was something there. So what would happen is we would The city via the arpa funds would loan the money To the housing authority the housing authority would pay the securities Once they finish and they get construction acceptance The the city would then pay the housing authority back the money that we put in securities the housing authority would then pay the city back To the arpa fund the securities And it keeps it out of that waterfall so you can turn that money faster into another project versus it getting Caught up in the repayment process and based on where we were today with this project that was the Most expedited way That we could deal with the financial shortfall That this accounted for And not get it caught up in the overall loan document for christmas too That's what we wanted to talk to you all the day about and and why we wanted to bring it out because it is a bit different but When we were working on this and placed it on the agenda item We were shooting for closing next week or the end of this week next week There were some other things that came up which pushed it back But we still need that ready so we can actually go to closing I'd be happy. We'd be happy to answer any questions Mayor pro team Rodriguez Thank you, mayor peck So to me that sounds like most of the presentation was based more on a resolution 2022 69 versus 68 As far as the arpa fund allocation is concerned correct correct. Okay. Good. Uh, so my question then is For at least 68 We'll talk about that first because 69 seems like there's some repayment mechanisms which are you know very Pleasant to talk about in this in this conversation But for for 68 that's straight up us. I believe 75 thousand dollars, right? 875 So that that that will affect the other projects that were on that list that we talked about The 800,000 was on the list for christmas, right? But the additional 75,000. That's why I said 75. Yeah. Yeah, sorry. Sorry It is We are seeing some cost savings and some other line items where we can balance that out Okay And so part of the impetus of this is that christmas is the closest to Feasibility right Versus the other items that were on that list, right? Uh, so my worry is that Uh where we take that 75,000 from in in Reallocating the priority list if you will In the sense that We are seeing an immediate need to continue to address the unhoused population and the homelessness population So in that concept, I would very much advocate for the fact or advocate that we do not Reallocate any money from that particular tranche if you will Of funding and that maybe we take from some some projects that are further down the line that we might be able to You know come back and and find some different ways to make that whole and make make that work for us all And so because we also know that regardless of how the funding works Transitional housing is really specifically what we need and it's not so much just funding the construction of that housing But also the operation of maintenance is an extremely important part Of how we we talk about the the transitional housing or the you know unhoused and homeless population um as far as Resolution 2022 69. I think you've explained it very clearly. I agree with that, you know Strategy if you will and I'm very much in support of making christmas go forward as as fast as possible because Affordable housing is Ultimately also a key part of the strategy to the unhoused and homeless population as well um So I just was trying to make like I said make it clear that I would prefer not to have anything taken out of the tranche That we've allocated in our previous conversations for homelessness and unhoused um as such I I don't know if we need to move them one at a time I think we do actually but If I can answer your question too, I'm also not looking at taking anything out of that housing bucket because we've obviously seen What the market's doing to us? Is it working? Yeah, okay We're obviously not looking at taking anything out of that unhoused or the housing bucket We're looking at those other categories in terms of where some of the cost savings will show itself because exactly what you just said Okay, thank you So let's ask the city attorney. Do you want to clarify whether we can move these as one Item or do we need to do three different motions? Mayor and council either way if it was on the consent agenda, you could have done them all at once So if you wanted to do them all at once that would be fine. Okay. Okay Well, then I uh, I would move items nine g h and i resolutions 2022 67 68 and 69 Second Thank you. That's been moved by a mayor protein Rodriguez seconded by councillor Martin, let's vote please All those in favor raise your hand. All those opposed that passed unanimously with councillor Hidalgo faring absent Thank you. Harold. Thank you for that creative financing. I've never I've never heard anything quite like that. You did a good job Molly and Eugene Thank you So we are now We are now at the end of our meeting we have general business with our fireworks discussion Which I can see some ladies very happy about Who is going to lead this would you cannot can we get a five? I need a five minute break. Oh, absolutely. Thank you Five minute break which one did you I think you've done fine I totally understands flubbing up. So don't oh, that makes a huge difference. Yes You're allowed a mistake Oh, well, then you're out Did it go off? Yeah, sorry what two minutes ago Oh, okay, we're good. There you are. So it's this Bruce Hallock at the bottom Oh, no, I'm sorry. I'm here.  I think um city manager is Assistant city manager sandy cedar is going to kick off this uh fireworks discussion Yes, thank you, mayor peck members of council sandy cedar assistant city manager And i'm kicking it off because I made a transposition error in your council communication So before we got kicked off on this presentation I just wanted to point out that when you take a look at the council communication We are sharing with you the number of fireworks calls for service within this period of time june 27th through july 11th And I accidentally transposed these numbers. So in 2020 the fireworks calls for service were 810 And the other calls for service were 3869 and the same thing with 2021. So in 2021 there were 470 fireworks calls for service And 4041 other calls for services The ticket's issued column is correct So I just wanted to correct that before we jump into the full presentation because I know there's been some Errors in reporting because of because of my error. So my apologies So with that I'll turn it over to herald so he can kind of lay out what's happening and what we're proposing Hey mayor council So obviously fireworks has been something that we've been talking about for a while in the issues associated with it And if you as we go back to the council comm Really want to focus a little bit on on the numbers and and so When you look that We had 800 calls for service on fireworks and 470 calls For service on fireworks in the respective years, but then you look at the 3869 calls and the 4041 I really want to talk about that a little bit One of the challenges that we get into and we have public safety chief artists Deputy chief Satter and deputy chief Higgins here to talk through to help with some of these issues if you have specific questions But when you look at the call volume of 3869 and In 4041 One of the things that I think we need to bring out in this conversation is that of those calls that are of level one priority What that means is that we have to assign two officers to those calls So crashes with at least two officers if not more So domestic violence calls Um assault calls correct Um Significant motor vehicle crashes We have a list of level one and so when we have officers on the street Um, and we get those priority calls We're real time shifting response To make sure that we can cover those priority calls So it doesn't mean if we have let's because we bring on extra folks at times during this So let's assume we had 20 people on If if we had five level one calls We reduce what's out in the streets at that point in time In half And so I think that's part of that's what I really wanted to start off with because we have to understand That not every call is a one officer call response And um in the severity of calls is always changing as we're responding Um when we look at what was the problem we were talking about The problem that we were talking about was illegal fireworks And I think that's what generated most of the issues is just the amount of fireworks that we were seeing That are already illegal in the state of colorado Um, I would say in talking to my counterparts in various cities. This is not unique to longmont This is something that um almost every city has been going through And I'll talk a little bit about four Collins later There were some things brought up regarding the the fire damage or the the fire threat and what we were seeing One of the things that I wanted to point out is I do have the ability based on the environmental conditions To ban all fireworks uh or to ban legal fireworks based on the conditions I actually have done that once in my tenure here. Um, it was in 2012 I think I had been in longmont two months and if you remember the the How dry we were um, I made a lot of people happy in 2012 because I did based on the advice of the fire marshal um, and then then uh Would have been deputy chief and landing ham that based on the conditions. I needed to ban it and I did it That was including the professional fireworks display When we look at the numbers for 2021 and I'm going to go over a heat map a little bit later when we Talk about what four Collins was doing Um, I think really what we saw was an escalation in the number of illegal fireworks in our community Um, I think 2021 was really something that we saw that was associated with covid and um, I remember Getting literally getting on my roof To try to see what was happening around the community Um, and I had my kids with me and we couldn't keep count of the different areas where people were Lighting illegal fireworks Um, and and so obviously you saw that the number was much higher in 2020 it did reduce in 2021 um And so one of the things that were challenged with and dealing with with illegal fireworks And I think this is an important piece to start off with It is that When when you do something and you you file it You have to have probable cause And from probable cause you have to have somebody When you do go to court and deal with these issues that can testify that they've seen the individual Setting off the illegal fireworks And so no matter what ordinance we have at the end of the day Somebody has to say that they saw The individual that was ticketed Um Light the illegal firework And so, um as we look at that issue That's a couple of things either the law enforcement officer is a witness to the individual Or to what individual what has been brought up about not having neighbors testify on this In order to have that specific identification It's either the law enforcement officer that sees it or it's an it's an independent witness willing to sign the summons And testify and go to court That's just what has to happen once it reaches that point based on The conversations that we've had with the city attorney Today we've we've had some strategies Obviously not have been really successful strategies Based on the number of folks that we're continuing to see Light illegal fireworks, we put display and digital ads We've had some targeted marketing. We've we've had social media campaigns. As we said in the council comm It really is something that the inability to provide punitive enforcement really has has hampered this The the continuing concerns that we've had from residents and expressed by residents include um fireworks before the 4th of july I will tell you that in the neighborhood I live in we see it I've been known to jump on my bike to try to figure out where it's happening and make calls But even by the time I get there you can't see it We definitely know that there's frustration With various residents from the standpoint of those individuals who have post-traumatic stress syndrome Veterans with post-traumatic stress syndrome pets Are older adult population and then those that have to work at off hours and that have to You know that have to get up early We have met with Protecting our people and property the pop group And they had some really good suggestions and suggestions that For the most part we agree with You know, they've thrown out ideas including An ordinance that bans all fireworks similar to that of fort collins um additional promotion and community firework show Promoting that community firework show and we'll talk through that in a little bit Open up a secondary call center to assist with the the volume of calls and bringing in volunteers to assist with that Creating an interactive interactive map where people can report that proactively Um and then you know the last one is lobby the state legislator to change the fireworks laws in colorado You know, i'm going to hit that last bullet point first. What's really interesting in this is that um The primary problem that we have is with illegal fireworks and um You know, we've all talked about this and we've said probably the best way to deal with this Is if you can designate an area where people could go and Light these fireworks that didn't impact individuals didn't impact neighborhoods Unfortunately because of the state law that bans those fireworks We're not able to do that because then we would be condoning violation of the state law But almost everyone that we talked to we think that's probably the most realistic option To to make a change. It's really not available to us because we'd be violating state law Um fort collins has fort collins has been mentioned a lot. Let me All right. I'm trying to do this left-handed Um, I haven't used my left hand in a while Um, so I want to kind of talk about what we were seeing In 2020 in terms of calls for service. So when you see the the 800 call Roughly 800 calls. This is kind of what it looked like in our community in 2020 When you look at the 2021 calls for service, this is what it looked like Um, and then when you look at fort collins, this is actually what it looked like for them in terms of the heat map where fireworks were going off in their community one of the reasons that we Really reached out and spent some time talking to fort collins was because um, we had heard that they were example I had heard from other council members who had Um, colleagues and connections into fort collins where basically they were saying that it was really bad It's been really bad as well In in their community if you had a if we had our heat map up where we created They they look fairly similar and that there's really high pockets Of of where they're going off. We did ask them for the other maps. Um We had robin ericsson really constantly on that so we could get it This is what we were able to get in terms of presenting to you all in fort collins When you look at fort collins There were some interesting pieces that they came out of that so They had about 200 entries into their online system That number was down from 500 calls the previous year Uh, a previous to 2016 Here's the interesting part if you look at what we did we issued three citations and two citations Fort collins in 2021 issued five warnings and no tickets Part of what we were seeing is that fort collins is really taking the educational approach When when they're dealing with these issues And and so when we looked at All of these components In terms of and and this is staff's perspective If we issued if we created an ordinance Um banning all fireworks In in terms of um shifting the dynamic We're not sure that that's any more enforceable Than the current law that we have in place just because the volume of Calls that we're going to have and you still have the same thresholds in dealing with that situation Um, obviously our public safety staff will be happy to answer specific questions What we did really like about the fort collins Um component is is is really their targeted approach in their educational campaign Um, and so when we looked at the ideas that was that were presented by The pop group, um Additional promotion of the community firework show hosted by the skyline kawanas One of the things that that we know we need to do and we think we realized there was some confusion on that last year Because we talked about it in terms that it was a private event meaning the city wasn't sponsoring it That's true, but it wasn't a public event open to everyone in the community And and so we know that we have to really clarify our Um promotion of of that event What we also have learned in the last week or two two weeks sandy In the last couple of weeks is that based on where they're um Having the community firework show It actually is open to see for residents to see for more areas of the community So what we're thinking about talking what we're what we're going to do this year is identify those areas in those parks Where there's really good vantage points for people to see the um the kawanas firework show And and really market that um so that we can get individuals going to those locations uh in terms of We are ready to open up a secondary call center with volunteers We didn't want to pull the trigger on that until we heard from council We're also ready and have tested an online reporting system similar to fort collins that we can utilize In this process And so based on the conversation tonight, um, we'll be ready to go on those this fourth of july We will be looking for volunteers in the call center Because we're going to need volunteers to help us do this During that time frame The other thing that we have talked about is really working The public relations component to this and um what we what we mean by that is um utilizing street signs the electric street signs If we can get them Letting people know about fireworks And what's allowed and what's not allowed depending on the environmental conditions It could be nothing's allowed based on what i'm being advised Um, we also want to take a very targeted approach um in terms of How we're communicating the impact of the illegal fireworks to people within our community So we obviously know that post traumatic stress syndrome is a significant issue with fireworks We want to partner with veteran groups within our community whether it's the vs w the veterans community project To really have them be a partner with us in creating a very direct and targeted communication strategy regarding the impact of fireworks to veterans That have served our country and and what that does to those individuals and if you Really sit down and talk to them about the impact. It's significant based on What they're dealing with so really partnering with agencies and having The veterans groups there with us saying, you know This is an impact of people who served our country and if we're celebrating our independence That is a significant component to this We also want to part with the partner with um animal service organizations to To communicate The impact to our animals and part of the methodology behind this is really We all as individuals have certain things that grab our interest And we know that people are really involved in in veterans projects So we're hoping that grabs a group of people there Um, a lot of us have pets and we deal with it. So if you have a pet, you know, how do we target that market? We also know that the fire danger is incredibly important to to talk about right now and and really communicating around that That piece and and what the impacts are to it and and what that means to you and talking to chief higgins um when we look at the fire threat the fire threats really with the aerial fireworks and um You know what people don't realize is that if there's an aerial firework that creates it I've seen these investigations And what happens once if they create a bigger issue and what you can do In terms of the criminal aspects of this and and it's significant And so we need to figure out how how we can talk about those issues at the same time being very sensitive to Our neighbors south of us that have recently gone through The tragedy of the marshal fire We know that can happen, especially if there's high winds We know we need to communicate this. So really it's a multi prong strategy We also have some signs that we had available For folks to pick up. Um, we didn't have a lot of folks pick them up last year But we really want to work with ngla other groups within the community So we can get those signs out in our neighborhoods. So it's front and center in terms of what everyone's seeing Um, so really all of the recommendations That pot presented we do agree with and we think we need to move on some of these things with the exception of the ordinance just because um Our our opinion is based on call volumes based on conversations that we've had What the city of fort collins is that we still have an unenforceable ordinance and um I think that just um continues to increase the challenge Again, that's staff's recommendation But at this point, I really want to open it up. Um for you all if you have any questions counselor, uh martin Thank you mayor peck I'm not sure which way I want to go with this um I took it upon myself to invite The veterans community project to come here tonight But I was late And they were unable to arrange To have anybody come to public invited to be heard. They did however Um write a very nice and clear statement So if uh, it's all right, I would like to read that statement because I think it explains to the public Who we should care about and this community has showed In the past that we care about these groups very much So let's hear what they say Uh, this was written by alice Ashley wallace of the veterans community project Concerning the use of fireworks, it should be considered how many members of your community may be negatively affected You may say it's only one night, but it's not people set fireworks off all summer Three segments of the population are particularly affected by the loud sudden noise veterans with ptsd The unhoused and pet owners More pets go missing on the fourth and fifth of july Than at any other time throughout the year The pops can go on for hours even past midnight causing pets to panic and for some become Inconsolable making an evening of celebration for a family interrupted by trying to manage a pet's anxiety While a mere annoyance for some the hours of random fireworks going off throughout the summer can make a veteran with ptsd go into fight or flight mode cause traumatic flashbacks or if they have a pet themselves Spend their fourth of july evening jumping at every noise Unsure of where the next pop or mortar will come from while also trying to sue the pet It can make the night one filled with anxiety and frustration While your neighbors are celebrating For our unhoused it's hard enough to sleep on the street or in a vehicle Without fireworks going off at random intervals Those experiencing homelessness in longmont who also have pets Are unable to utilize shelters and therefore have no place to take their pet to avoid the noise Longmont has a substantial population of street homeless and individuals living in their cars We have a large veteran population Many of whom have ptsd We also love our pets As such we have unhoused veterans in longmont with pets whose lives are made that much more difficult by excessive fireworks use in the summer Taking these members of our community into consideration is the least we can do Set hours of planned fireworks displays posted publicly to give our neighborhoods A heads up is a good start But setting quiet hours and enforcing these standards in the community after celebrations is important It shows we care about those around us who fire in fireworks Psychologically damaging Please consider your neighbors And I thought that was a pretty good statement of what a very large section of our how a very large section of our community Experiences this celebration And the fact that we have fire danger on top of everything else is just One more thing to be anxious about and I hear from people every day Who are anxious about the fire danger and don't understand why we aren't doing that more about that either So I just whatever we decide tonight. I hope that We will care about our neighbors That's all Thank you, council waters. That was a emotional in-depth letter um I Okay, I I see council. I was going to say something but councillor waters. Go ahead I'll divert Oh, thank you To the point of education. I think that's an absolutely perfect route to go The one thing I I do know from just having kids and being a sibling is that If children are told something is wrong Or illegal They and their parents do it. They tell their parents that's illegal or that's not So I think we should start education where you have a very little time two months in in our schools and Let them know that it's illegal They all all those kids have pets. Let them know what it happens to the pets Because they can be our outreach to their parents very easily and as far as those signs go Perhaps we should offer them to school kids to put in their yards instead of Well instead of the Parents who may not put them in their yards The other thing that has been suggested are laser shows versus Versus fireworks That that that's been pretty popular and has worked in other areas. I don't know if we can do that Or should we since the Kiwanis has already paid and Got their event underway. So that's just my comments Uh, thanks very much. Just a few questions in the reflection It's interesting to see the data from 2020 and 2021. Do we have data from 2019? I know you don't have it now, but it would be interesting to see We would be seeing to some degree the effects of the pandemic, right right in in particular in 2020 A year in which we canceled our own community display of fireworks so both the effects of the pandemic and then The year in which we did nothing and then obviously last year there was something But that would be just helpful to see that contrast. So Yes So um in 2018 we had 286 calls 2019 we have 292 calls 2020 we had 530. Yeah, that's so that's pretty useful, right to to understand The pandemic had a big effect. There are other variables here drought and all the other things we're talking about, but that was I don't know, you know, hopefully that doesn't set a new pattern of behavior because we've we saw it again in 2021 So in 2019 we did nothing last year. We you know, we saw what happened in terms of this is not the city's deal, right? But part of that started because the county boulder county wouldn't issue a permit as I recall Do you know did the McIwanis make application of boulder county and was there a decision made by boulder county to issue or not to issue a permit For this year for last year for this year. No, I think they just proceeded in the current location based on my conversations Based on the event last year the viewing area And their their plans that they'd had to to date at this point we we did meet with them about um, some other options I know there was discussion about things places right which were very feasible But there was no application For a permit this year that you're aware not for boulder county. Well, let me back up not for the fairgrounds So the the application to boulder county historically has been for the fairgrounds Have they submitted the application for the other site? Yes Okay, so there is an application for the box So boulder county issue did the mountain did mountain view is a mountain view mountain view So they were fire district also give that permit. So that's all done. They haven't given the permits They've made their applications or they were making them last week as boulder county Permitted the fireworks has not yet. So applications for both no decisions yet. Correct. So that's still up in the air in terms of Did you hear did you get any feedback any any or any of us just general feedback? I don't know if there was an evaluation of any formal evaluation of the community's reaction to moving it to fox hill Did you Because we read we read some in the paper Heard some comments. I'm just curious. What did you hear? So mayor peckin members of council I think we had a couple of folks that wrote in to city staff saying hey this you know What happened this used to be a public event and now it's a private event and that is the way that we laid it out Of course, we would look at it differently this year But for the most part most of our complaints were about illegal private fireworks The koanas felt that they had great support from the community on the show And realized that they could make it a much more public event than it had been and they they realized that It didn't it didn't feel like a public event at the fox hill country club is what they realized And so they wanted to do a lot more marketing this year to to really invite the public They realized that they could have a whole lot more people in person on the golf not on the golf course, but on the On the other side of the property on the driving range. Yeah, the driving range specifically so To be seated on the driving range to be sitting because there's a whole bunch of Going on on the other side of the driving range right now So they felt they got very you know very positive feedback I would say we got a little bit of negative feedback but much more negative feedback about general illegal fireworks Well, as as a council member, I certainly got my share received my share of input on illegal fireworks I also as a resident had a fair enough fair number of conversations with neighbors about what was going on and from others And there was I do think that in effect last year Not unlike not doing something the year before Moving it to fox hill felt to some like a pretty elitist Decision and there was a reaction to it. I think and and I hope that doesn't I hope it's not the same reaction this year If assuming that that project gets permitted Are there are there examples of enforce if so how how enforceable from our our First responders public safety fire How enforceable is the ordinance we have right now? We've seen two and three tickets issued That either suggests it's not enforceable or we're not enforcing it so And I understand herald it what you said about the you know the The call on our staff and numbers of calls and how people get deployed And you only have so many people to go around But it would be as as we consider these options It'd be really useful to know if there's something from from the perspective of police or fire that we that we actually Need to dial into or you know amend in our ordinance to make it more enforceable when we need to enforce Mayor counsel, I do want to stress on the numbers that we just gave you That was from july 1st to july 6th that the numbers in the council presentation was for two weeks just in that time frame Yeah, so the number that city manager Dominguez just read were for six days from the first to the sixth. So that's why the discrepancy in the two numbers As far as enforcement People don't shoot fireworks in front of us so People don't stay in their smart resonance. Yeah, I worked the fireworks show last year And as I would pull on a street the street would go quiet And as I would drive around to another street the street would light up behind me and so people They're aware they don't flaunt the fireworks rules They go into their homes when they see the cops on the street And so that's one issue So we have to observe it in order to be able to write a ticket or a witness has to say that person My neighbor john smith who lives at this house with shooting fireworks, and I'm willing to testify Then we have to balance that with all the other calls for service that we may not be able to get to that night and then Do we come back days later and issue a ticket? Do they answer their I mean, it's it's a difficult It's not as simple as just driving to the house and writing a ticket So jeff what I'm hearing you're saying that there's nothing specific in the ordinance that you would say do these two things Do this one thing that would make it more enforceable one ordinance change I've heard that Explore for Collins is exploring is tying the violation to the property owner Which is different You know, this is at your house. Yeah, and then it's a civil infraction to the homeowner Uh, you still kind of that would make it a little easier. We could mail the tickets and things like that, but can we do that legally? Did you as far we'd have to change some ordinance? Well, I understand but if that was a change in the ordinance I think that because that would that would be a deterrent. I would think I think that's what we need to work with for Collins on because I think to the point of Is their ordinance working? That's why they're looking at this other ordinance because their ordinance isn't working And I think we just all need to be in communication. I think it's Too early to say whether or not We can or we can't but Eugene would have to so that's a it's a no an unknown at this moment Or it's an undetermined if there's something specific we should do in the ordinance councilmember waters eugen may city attorney So in the information provided by tnt. They did have some social host ordinances. I think primarily out of california We have not looked specifically at Uh Implementing one of those here Sort of waiting for the council discussion and if we get direction take a look at it. We'll take a look at it Well, I'd be interested to see what the line. I don't know what other council members feel like But if that's an example of being able to cite property owner as opposed to perpetrator and that has a deterrent effect I'd like to see that language frankly Um, what would you expect jeff from as our deputy chief of public safety? Or maybe dan or or or others Um, in terms of the boulder county enforcement of their prohibition Is that is that just show or do you expect people to To see some kind of enforcement sheriffs Actively out there citing people on and around the fourth of july from my experience in 2012 that seems like That was the only year we were successful in having our fireworks tamped down people Understood the risk understood the dangers And then you know this year has been compounded by all the fires around us. I've never been to so many fires Well, what seemed to me that well first of all I'd be useful to know Um, I mean we've had we've had conversations about how enforceable our ordinances are how enforceable somebody else's ordinance are Around all kinds of issues, but firearms and fireworks would be two good examples of you can pass a lot of laws But if they can't enforce them, you know, what's the point? So it'd be that would be useful to know what we might expect to see from boulder county Not about enforcement, but about education Um I wonder what the thoughts are about best and highest use of of every resource we have available From longmont public media to the longmont leader to the times call to the museum to the senior center to service clubs to Interest groups and put you know, I'm putting together Speakers Bureau, if you will or human resources and taking advantage deploying people getting them on agendas take Follow up. I wish we'd had this conversation last thursday night with the school board To say, you know, how can you help? I think the idea of Getting word out to kids is a good idea um For the very reasons that the mayor suggested but We didn't talk about that last thursday night. It just feels to me like if we're going to do it We ought to be really clear. How do we take full advantage of every resource? With a weak control or that work with us right to educate the public and what are the most persuasive? messages especially if the if part of that's an appeal For veterans and others with ptsd or the other issues or or you know or animals What's the messaging that's going to matter who delivers it and what are the places we can deliver it enough times That we might make a difference in gla hoas neighborhood groups. I mean On and on I know I know our police department does a lot of that work with neighborhood groups now on a host of issues But it ought to be a full court press. It seems on on this one. And I think that's what we're saying with That's what we're also saying with the um With the pr strategy and the full it really is everything there and this rises to the top of our list as we're heading into um The time when this becomes an issue for us Um, because it's it's not something that we can do alone.  This is about consideration. This is about consideration of your neighbors You know other individuals and it's going to take all of us to to be be part of this solution All right. Thank you, mayor back So first of all, I would just like to quickly ask I know that the institutional knowledge primarily probably lies with our two deputy chiefs their uh deputy chief higgins and satyr Uh In your time uh in active duty How many active fires do you remember being caused by fireworks? Mayor potem, um, I don't have exact numbers over all the years, but Actually last year we did not have any 2020 we had four um that was one came in as a Structure fire. It was a smaller fire out of residents and then three grass fires We did have a year And so i'm just going off on memory on this one. So Forgive me if i'm a little off, but it was 2018 or 19. We also had an arsonist In the area. So on 4th of july Somebody was going up and down the main street corridor lighting dumpsters on fire as well. So So one of those years we had A number more. Um, so I would say we've been lucky overall We do get some smaller grass fires from it. I guess In the idea of where people are lighting off the illegal fireworks They're they tend to be in the neighborhoods. So they're not hitting some of the open spaces where where the heavier growth and things like that are so Some and some of those ways were fortunate and I do want to concur with Deputy chief satyr about 2012 because I was working the street back then And people really took it to heart when we got the word out how dangerous it was to Do anything as far as ignitions Anywhere in the county and and that year was dramatically lower for calls all around and definitely the the illegal fireworks, so So the keyword I keep hearing is that in general these these fires that did occur Over the last number of years have been set by illegal fireworks the ones that leave the ground not so much You know Ones that are currently legal in the state of colorado based on memory. I can't remember a fire occurring from legal fireworks okay, very good. Well, thank you that that's very helpful and I will say that um I think it's fairly common knowledge that my father is a retired firefighter and Our family is not innocent Of illegal fireworks. So just to say that you know I'm not trying to be you know Sitting up here as some tea toddler as far as that's concerned As far as some anecdotal comments that uh councilmember waters was alluding to the only folks that I've heard really complaining about the location of a community firework show are folks that probably Seemed to live on the west side and south side of longmont Further away from the newer location being more on the east side of longmont Outside of that. I've not heard too many complaints about the actual location of the fireworks Just that they want a community firework show and that's just anecdotally what I've been hearing. Um I think as as we've stated In the state of colorado fireworks that leave the ground are already illegal um So it really becomes when we talk about a firework span to me personal fireworks versus the community firework show uh I think that the community firework show is done safely At least from my recollection Uh prior to the pandemic when my father was also working as a firefighter and he was on duty On the fourth of july the fire department was very um Aware as well as on the scene in case anything seemed to go wrong and I grew up in long I was born to raise in longmont I remember when I could actually be at the county fairgrounds and laying on the ground and ash Would be coming down on to me They changed that eventually that's probably not a safe thing to happen But I remember that as a child growing up in longmont So I just want to say that Obviously we continue to try to make everything safer and much more Friendly for the community And so I want to also say that I think that as we were being consistent in the pandemic As maybe we're not out of the pandemic yet, but we're we're being consistent with Our authorities at the county level on the state level I think we should as the city of longmont continue to be consistent with our county partners and our state partners and so if Our county sheriff currently joe palli Decides that we need to have this kind of ban. I would support that as a council member To be consistent with the county and Uh on top of that I think before we go further with A similar ban that does not seem to be very effective That the city for collins has put that has enacted I I don't think that our ban on smoking on main street is very effective I don't think our ban of folks riding bicycles and wheeled things downtown is very effective And so I don't think that putting an all-out ban On personal fireworks would be effective I do understand if we did put the ban on the community Fireworks show because we do have some control over that if you will What I would like to see is maybe as far as Enforcement is concerned that When we have the opportunity In public safety that we are not giving out warnings For firework infringement Problems we are moving straight to the citation And so I think that would be an increased level of enforcement Before we go to an all-out ban like I said with that and has questions about efficacy And so those are my thoughts and and thank you for your answers to my questions. And so Looking forward to other comments councilor yabra Thank you mayor peck. Thank you all for the research that you've done With fort collins and the information you provided us um I guess One of the questions that I had is If and I'm not Trying I'm not saying I see this happening or anything, but if There was a fire because I was going to ask the same thing How many fires have we had due to the fireworks, but if there is a fire? What is the protocol moving forward if there is a fire due to fireworks? And it caused A neighborhood fire. What will be the protocol after that dealing with fireworks? I mean have we all have we thought about that? Illegal fireworks I'm mayor peck councilmember councilmember yabarro We have had a discussion about that. There is a protocol in place If there is a fire that is generated from fireworks There's an investigation that is done. We have our some investigators They work for the department of public safety They will investigate that if we can determine that the fire is caused By fireworks or the legal use of fireworks, then there could potentially be criminal and also civil penalties for those fires Moving forward after that Will we put anything in place? You know what i'm saying? I guess what i'm trying to figure out Because I heard this Last summer when I was visiting coming in here listening to our constituents and their concerns about the fireworks, so Of course if we can prevent it That's number one, right? Yes, ma'am. So I guess I know that we don't have control over what other people do we can put Ordinances in place and Obviously, we're having a hard time really enforcing a lot of it But I guess my concern is and maybe not even a concern. I just have a question I really want to know what will be the protocol if something like that happened after we're sold you put them in jail What would be the city's protocol? To prevent that moving forward if that will happen and how can we what measures will we take For for the community after that? I think I understand what you're asking councilman. You are bro I think the the problem in lies is that we can't control people's free will And so folks make the decision every single day Most of us do if we drive on the highway we we exceed the city speed limit that's assigned And so if you're caught by an officer you're cited for that if you're not then you happen to get away with it At that day in the cases that you're talking about is when we have a situation to where a firework was to cause Property damage or significant damage to something The state of colorado already has a host of things that deal with arson's or types of fires And so there is such things as reckless conduct there there are things that individuals can be charged with Now a lot of those times is that of course they have a judicial process They go through courts they have to be found guilty And then again courts and probation can do different variety of things for them if they want to The courts want to decide that you can't have fireworks while you're on probation Then that's something the judge could institute I don't know that there's anything from a city standpoint that this council could do to enact Once someone was convicted of a crime to add on additional penalties for that What you do have in places you do have an ordinance that exists That we are able to enforce when we're able to to meet the certain elements and requirements In order to present that in front of a judge to get a conviction or to present enough evidence to let the judge decide that If someone wants to be reckless in their conduct in usage of fireworks either illegal or illegal there is still a A criminal repercussion potential criminal repercussion But again, there's also a civil penalty that would be handled by the the property owner who was victimized So again to answer your question I don't know that there is anything that the city could do to hold an individual accountable That is really what the judicial system is for And and that's the place of the judge and juries to decide whether an individual is guilty of whatever that crime is But there are protocols in place within public safety both where police and fire work together to investigate Fires I get a report on a monthly basis on all the fires that we have within longmont And what the investigators found in their investigation into those fires Some of those are just simply unknown because the dumpster was set on fire Some of those, hey, it's because there was a mechanical failure with a car Why did individuals working on that and then some of those may very well have to do with well We have a potential issue where an individual wanted to file an insurance claim And so they set a piece of property on fire and so we do prosecute those and follow up with those Both on as a combination of both police and fire And I think if I can jump in if you're saying I mean, I think part of the challenge with this is Um, and I'm going to key off of what deputy chief Higgins said Um, when we've had fire related to fireworks, it's typically been illegal fireworks Um, he couldn't think of one where it was legal fireworks Part of the challenge is they're already illegal And and I think that's the challenge in this is um They're not supposed to have them anyway And they're still Setting those fireworks off And and and so I'm not sure Honestly, what you could do because they're already participating in that behavior anyway And that's why I said there's a point of this where it's It's really consideration and and it's understanding it. Um You know absent Catching him when they're coming in from Wyoming or Some of the other states. I think that's really the crux of the issue. They're already participating in an illegal behavior It's just that the volume is so high that it's tough on the enforcement side. So I don't know What necessarily would change other than if we See that for some reason there's a rash of legal fireworks that are doing something but to date we haven't haven't really had that evidence Thank you. I just think it's really tough in And I understand you all can only do what you can do and what you can see And I also understand that neighbors who don't want to Turn their neighbors in because they have to live next to them And I get that as well at the same time That consideration is highly important Um for our community And it's a matter of it can be a matter of life and death as well So, you know, I think it's important for us as counsel to to to look at I know that we can't enforce everything and it's hard but How we can have some preventatives as well as and I think the education piece is highly important Educating our community and as mayor peck said educating kids in the schools and um, It's very important But when we're talking about where we are with the county and the fire risk Um, we really really need to look at that much more closely because that's that is a matter of life and death So we can't also we can't determine if somebody's going to consider their neighbors or not You know, um And then not only that putting our officers out there taking them away from real dangerous calls that Could be a matter of life and death as well Um, so I just you know, I was just listening to everyone and I'm thinking What can we do to prevent what measures can we take to prevent those illegal? And I know they're going to do it anyway, but Educational course is important And what else can we do because we don't want that to be Tomorrow's news that a neighborhood or july 5th news that our neighborhood was burned down because of illegal fireworks So I just want to make sure we do what we can and put our brains together as to how we can prevent it Thank you. Yes, wait just a quick second. I just want to comment kelvin y'all brought I understand where you're coming from and one of the things that we have not done in the past and Something we were talking about doing is once the 4th of july is over with we average about 300 calls If you look over a period of about four or five years other than 2020 for some reason it was a ridiculous number one of the things we don't do a very good job of falling up after that We receive a lot of information in so we're hoping that With council's recommendation for us to continue to move forward With the heat map we'll actually receive addresses And so we're looking at what can we do after july 4th to follow up with those homeowners just to give them an idea to let them Know hey, listen, we just want you to be consciously Aware that you know, we've received some information. There's fireworks. There's issues within your community There's concerns whether it is with the with the veterans Whether it's animals or whether it is Just the weather can the overall conditions of the the weather the property the dryness And so we're looking at what can we do to educate folks after the fourth To follow up with those residents and that information that we get During july 4th because again if you get 90 calls in an hour, it's hard to get to all 90 calls So we have time after that to to get back with those residences that we can identify and educate them Specifically educate them and in document that we did have an opportunity to to either meet or to To engage them in some way, whether it's a letter or or what it is So we are looking at those things so beyond the fact To your point, we are looking at what can we do after july 4th to also address that Thank you And I also think that once we have that information, maybe we can have the ngl ngl come around maybe for the fourth and have block parties On the fourth of july and have food and music and things like that to prevent that if we can maybe In those areas that are concentrated with with that activity. So that could be something. So yeah, that's great. Thank you chief Yes, ma'am. Thank you. I think that's also a good point One of the things that we're seeing too Is where it's concentrated. We're not necessarily seen where we have registered neighborhood associations And so that's kind of what we were seeing from the map So if you kind of tie with what we want to do and really engage in that more, but that's another connection that we're seeing But we agree and we've talked about that with wane and karmie Councilor martin Thank you, mayor pack. Mr. Dominguez in 2012 you made the decision to shut down fireworks because of conditions on the ground Um What decision-making process will you use? this year Same way Well, I mean in detail weather conditions what boulder county does all of it weather conditions conditions Specifically with inside our corporate jurisdiction because so one of the challenges in this that's a little bit different is that Um, and I kind of want to get into the boulder county fire restrictions, too Um, so when you look at the restrictions that they put in place for the most part, um, and we've taught Last week captain goldman And deputy chief higgins and I had this conversation Most of the things in the counties, um Fire restrictions are already prohibited in it within the city Um, the fireworks piece was the only one that really wasn't and so the example is at a park You can't put if you can't have a fire on the ground You can put it in the barbecue pit, which actually when you look at boulder counties restrictions Um, you can build maintain a tender using a fire in a constructed permanent fire pit or fire grates within developed recreation sites They had a map and on private lands That's what it is for us all the time Use of portable stoves lanterns using gas jelly petroleum pressurized liquid fuel or fueling clothes sheep herders types types stove and and so The only frankly difference that that we saw and dan you can correct me if i'm wrong Between what are in our ordinances and in the county's ordinance is and I just want to touch on this to kind of perspective Is really the fireworks piece So what we're going to be looking at and dan and dan can answer this question, too one of the things that that we're also concerned with Is that Right now if you use utilize legal fireworks you're you're tend to going to use that in your driveway In areas that aren't necessarily associated with combustible materials um You know similar to illegal fireworks that people want to do it and they start moving into different areas Then that's where it becomes an issue because it really is kind of in those open space areas or Certain neighborhoods have my neighborhood has High grass behind it That's what we're going to be looking at and ultimately the fire danger based on the conditions that we're seeing at this time And it's something that we're going to be talking about on a regular basis to really go. Where are we? What is it? What are we going to look at? I think when I made the decision in 2012 it was middle of june Of middle to first part of june when we were starting to see it and that was occurring But it yeah, we're just going to look at all the environmental factors the risk factors And and really it's going to be a pretty pragmatic decision based on what we're seeing on the ground at that time And frankly what rain we if we have rain between now and then and what that's going to look like Could be earlier this year if we don't have any rain Yeah, if we haven't had any rain say by the first july do you think there'd be a ban then I think if we haven't had any rain and where as dry as we are now At the first part of june, that's going to be the decision making timeline not the first of july so very early Yeah, I mean we're going to that's why I say we're going to be looking at those environmental conditions Yeah, so my my tulips Opened to uh this weekend, and I hadn't watered them and they died and withered the same day that they opened uh I should have watered but Uh, it's really dry. Um Whose recommendations will you be taking and you know, this is this is for anybody But uh, you know, is it is it a clear cut decision or is it going to be a hard agonizing decision? No, I think typically when you get to those points, it's pretty clear cut. Okay, you know um I think last time when I had to do it in 2012, it's here's the conditions. Here's what we're having And it's like, all right, let's do it because the conditions are warranting it It's not something for me that You know, what if this or what if that it's here's what the conditions are here's what we're going to do Not unlike when we have any natural disaster and you have to make decisions very quickly Mm-hmm So, uh, this question is probably for chief artists or perhaps the city attorney um I've had a lot of people write to me with Uh suggestions or message me on social media with suggestions that involve why don't the police just Something and something without enumerating them typically involves a violation of their neighbor's constitutional rights Uh, can somebody give me a A five minute explanation or a two minute explanation or whatever it takes About why we can't just go point to their fireworks and say look here You know, let can you talk a little bit about an illegal search and and what it would take for you know If if I said well, you know, my neighbors across the street move all the time So I don't know their names and I'm not sure which unit they live in but I saw a match in that guy's hand You know, I'm not going to be able to go to court and swear because I don't know those people but what's the What's the barrier to me enlisting the police or or the fire department in in Nailing those people down Mayor and council Eugene may again. I think you're asking about the fourth amendment search and seizure protections Probably I am and basically your house is your castle and the police Limited circumstances can go in and there is an exhaustive case law uh on all sorts of different fact patterns, but basically police can't go in without a warrant or a warrantless search And a warrantless search, you know, maybe the most common would be exigent circumstances if they're going to be destroying evidence or There's a high likelihood of further injury or damage Police can go in in those circumstances But it's A dicey area of law and uh, you know, I think the first um Underlying principle is Police can't go in unless they have a real good reason and those real good reasons are your warrants or your exigent circumstances Exigent circumstances is is a uh word that's not going to mean very much to a lot of people listening um So can can you clarify that a little bit and what would you have to do? What would you do if you had to write an ordinance that would establish probable cause? councilor martin I know okay mayor peck council members is that card as public safety chief um councilor martin I I don't Exigent circumstances just simply means in layman's terms. Is there typically What it's used for is there's evidence of a crime that it can be disposed of Very quickly by the individual and so there are certain things, uh, there's warrant Exigent circumstances pertains to certain vehicle motor vehicles Plane view doctrine certain things that that we can do this does not pertain to fireworks Really what I think what what would answer your question and really those folks that are going to ask kind of Constitutionally why we can't do something you really want to for focus in on um, the fifth amendment, which is due process It is the process of where you have a right to have your case heard It's where you have a right to present evidence It's where you have a right to defend yourself and it's where you have a right to basically confront your accusers And so when you talk about why can't the police just do this It's because we have to establish probable cause and then Either issue the summons or make the arrest for whatever the crime it is But then that individual has due process That then protects them from incriminating themselves So I think a lot of that it's a very complex subject and it can't simply be answered in This situation this situation this situation every situation is different And the courts look at situations different whether it's your home Whether it's a vehicle whether it's open space whether it's private or public property The courts apply different standards to those as far as search and seizure What we can do as far as action circumstances and those types of things I think the other answer to that question is probable cause is fact specific So you can't proactively create probable cause Because it's dependent on the facts of the situation That's the other piece of it So so we do have what's called our articulable suspicion Which means let's say someone it's it's at night. They're walking through It's midnight and they're walking through a dealership Articulable suspicion is we have a belief that that individual is is either involved Was involved or is about to commit a crime that gives us the illegal authority to have contact that individual and find out Hey, why are you here after midnight at a car lot? You know, we've had Break-ins in the past what's going on But in order to actually to to arrest and seize that individual we have to have what's called probable cause So while we may have articulable suspicion that someone is shooting fireworks off at their house In order to actually issue that citation. We have to be able to see that action So while we may have articulable suspicion that that i'll give you that jeff's Sped here tonight in his car because he was running late Unless I observe that or someone else observed that and said hey, I'm willing to come and Testify a court that jeff was speeding We can't issue that citation for probable cause and so that's where we're having that difficulty With the fireworks because while we can see the firework go off in a general area by the time that we get there as deputy chief sat or had mentioned They're already gone or the fireworks are already disposed of and so it's not prosecutable Is there a reasonableness to believe that they shot their fireworks? Absolutely But is there a probable cause in order to be able to issue the citation To the standard that the courts require us to do the answer is no And counsel mark, I'll be more than happy to have a conversation with you after counsel to address whatever concerns or questions that you may have counselor, oh excuse me Yep counselor waters, you know, this is this is not about fireworks. This is about Your interpretation of the rules I understand when we have an issue and we're in first reading The what you want to do to limit discussion to five and three. I get that in two rounds But when we are this this is a general discussion We're trying to learn something learn our way forward on something Well, we don't have clear answers to arbitrarily and you've done it capriciously to impose arbitrarily I don't know if you're keeping track or not a five minute restriction seems unreasonable and And supports make us making decisions or promotes us making decisions based on ignorance Rather than information. So I object to that. I object to the ruling of the chair And I don't need a second motion to get a to get a an an action on my objection Thank you Is there an action on this objection? I am going to stick to To the protocols that we have. I I don't know what I'm an elected official This is a public meeting and I will not Be muscled and I don't think you have the authority to muzzle any elected official When we're an elected public meeting in this kind of discussion And I and I so just let it be known. I'm not going to I'm not going to just be quiet when you impose I think a rule unreasonably Thank you So this has been a robust discussion and I look forward to what You come back with in june what what the county does what what we decide to do I I think that if you If we have a band based upon fire, that's probably a different education piece What I am concerned about a full out ban is that we are in a different political climate Then we were in 2012 and I don't want it to look like a ban is a disciplinary action Rather than a safety action So those are just my thoughts I assume on the other items in terms of the educational campaign and everything outlined is that something that council wants us to proceed with In the mapping and those issues The only question is And this is going to take some research. Is this um, what do you call it? Eugene? The social host. Do you all want us to look at that? We're not sure we can do it or not Any comments on that looking at the social host? Okay, can you bring out the the language of That the social host Well, we'll look at whether we can do it. I don't know that we can do it I just know that fort collins is looking at it and we can reach out to them See what they're doing and then after you find out what that is you can bring it back to us. Okay. Okay. That would be great any other So what's what's that question sandy? Mayor peck members of council, um, we were just wondering about firework stands because if we're waiting To determine a ban until we get closer to that We're holding permits because we wanted to make sure you had this conversation first Are you comfortable with us moving forward with permits on those? legal Firework sales and then of course if we get to a point in june where it's banned. That's no different than 2012 I yes, and I do think that we need to hold a vote on that because um It's a state. It's a state, uh, law that we can have legal fireworks. Correct. So we don't really want to go Can we have a motion councillor martin? I have a question I would like to ask whether the city would consider a buyback program if we permit early and then um people have Bought things and they can't use them And if so, how would that be funded because that would affect my vote? I think we did that in 2012 No, I thought I think if council is not interested in a ban on legal fireworks Then I think that goes directly to then we could allow Fireworks stands, but in 2012 when we banned it. I don't think we did a buyback um And I think what we just need to be overt in is saying there's no guarantees right now that you can Even fire legal fireworks based on the environmental conditions But I think absent a ban on legal fireworks I mean, I don't know why we wouldn't continue with what we've normally done um I think that's the connection sandy And I didn't hear council say you wanted to ban legal fireworks. So I think that answered that question any comments on uh that A comment that councillor uh martin Council waters, uh, thanks mayor peck. Um, I think this is like a lot of things I think you make that purchase at your own risk and I think people ought to know it And if you know if I buy them, they can't use them. It's like a lot of things that I can't use and to answer that question Um deputy chief higgins just said they don't go bad in the year So if we did it they could use them the following year as well So do we have a motion then on um I don't think we need one is since you didn't act on the banning of legal fireworks Then there's no need for the motion. Correct. Okay, and and I do would like to address the buyback Um, I wasn't sure if you meant buyback of legal or the illegal fireworks or all of them That's what I thought Okay Do you need anything else from us on it? I'm good. Thank you. Okay. Thank you very much for this And all the work that you're doing on it Now we have assistant manager sandy cedar on our 2022 legislative bills that the city recommends Thank you, mayor peck members of council sandy cedar assistant city manager And this is the last legislative update for the session your next meeting will be may 10th And they are planned to adjourn sinie die may 11th. So But there's some really good bills in this one. So let me just go ahead and go through them So the first one is house bill 22 1306 concerning broadband deployment grant processes implemented by the broadband development board So there were significant ARPA funds that were placed in the hands of the state for all kinds of things Including broadband deployment. This would actually make some changes to the current broadband broadband deployment bill That would allow a little longer time frame for projects and give some more flexibility So because of that and because we have had some of these grants and been able to do some of these projects Staff supports house bill 22 1306 Any discussion on this uh bill Somebody want to make a motion to support it? Second All those in favor of supporting this bill, please raise your hand All those posed so that bill passes uh unanimously with uh councilor hodoggle fairing absent Thank you very much the next bill is house bill 22 13 55 And this is the creation of the producer responsibility program for statewide recycling What this would do is is it would give some incentives to those who are producing plastics And and things that can be recycled but sometimes aren't recycled And it will also charge Not a tax but a fee to all of those producers to be able to create more markets when it comes to recyclable material The hope is that by giving incentives to produce more Green products and then also a fee to help fund the recycling across the state currently the city does have recycling But not everywhere in the state does this would require that That this is a funding source that then would create more recycling within the state of colorado So because this is part of our sustainability goals The staff recommends the city council support House bill 22 13 55 Thank you, mayor peck. My understanding when I read the the legislation and the report is that For municipalities like longmont who does have recycling that that would actually be an influx Of some funding for us to expand our program. Is that accurate? Yes, that's that's that is what it looks like right now It's not all the way through the process, but if it passes as it sits today, that's true Okay, well, I mean obviously that would be a net gain for longmont in As we are looking at a universal recycling ordinance coming up here in the next year at least I assume You know because we've been talking about it recently So, yeah, I'd second it. I just wanted to clarify that for a city like longmont that there's positive Ramifications as well, not just for those communities that don't currently have recycling programs true. Good point. Thank you Okay, so that motion has been made by councillor martin seconded by mayor pro tem rodriguez All those in favor of passing 13 55 or supporting it Raise your hand. All those are posed. So that passes unanimously with councillor hit. I'll go faring absent Thank you. The next bill is house bill 22 13 77 concerning the creation of the connecting colorado experiencing homelessness with services treatment and housing programs support grant program Again, this is another grant program that the state is proposing that would really help to connect homeless People experiencing homelessness with services and so we can take all the help we can get It's obviously a priority of the city council and so staff recommends that the city council support this bill house bill 22 13 77 So I moved that we support house bill 13 77 That's been moved by me seconded by councillor yarbrough all those in favor raise your hand all those opposed So that passes unanimously with councillor hit. I'll go faring absent. Thank you mayor The next one is house bill 22 13 78 concerning the denver metropolitan regional navigation campus to grant to address homelessness This is a bill that would create a campus in denver that would help to You know, basically help people who are experiencing homelessness While this wouldn't necessarily affect longmont directly in fact We're kind of unclear how it would affect longmont since homelessness is a regional issue And this may be something that we want to pilot in bolder county Staff suggests that city council support this bill House bill 22 13 78 I moved 13 78 house bill 13 78 So that's been moved by me seconded