City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Special Meeting Minutes - Draft
Thursday, November 9, 2017
6:00 PM
Special City Council Meeting - Amended
Council Chambers
City Council
MAYOR - RICHARD N MCLEAN
MAYOR PRO-TEM - KEN KREUTZER
COUNCIL MEMBERS:
LYNN BACA, REX BELL, JW EDWARDS
MARK HUMBERT, JOAN KNISS,
MARY ELLEN POLLACK, KIRBY WALLIN
1. CALL TO ORDER
Mayor McLean called the meeting to order at 6:00 p.m.
A. Pledge of Allegiance to the American Flag.
City Manager Philip Rodriguez led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call.
Present: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Not Present: 1 - Councilmember Baca
2. APPROVAL OF REGULAR AGENDA
City Manager Philip Rodriguez asked that the Regular Agenda be amended to add a Utility Update and an Executive Session.
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Humbert, to approve the Regular Agenda as amended. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
3. CEREMONIES
A. National Hunger and Homelessness Awareness Proclamation
Mayor McLean read the Proclamation into the record.
Motion by Councilmember Kniss, seconded by Councilmember Bell, to approve the Proclamation. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
4. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
5. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY OF BRIGHTON, COLORADO AUTHORIZING AND APPROVING THE LEASE-PURCHASE OF HEAVY EQUIPMENT FOR THE CITY AND PROVIDING DETAILS IN CONNECTION WITH THE LEASE FINANCING
Mayor McLean read the title of the Ordinance into the record.
City Manager Philip Rodriguez introduced Finance Director Jean Starr.
Finance Director Jean Starr explained that the leasing transaction is for the lease/purchase of six (6) trucks with snowplow packages in the amount of $1,608,264.00. Signature Bank is the financial institution that was selected through a competitive bid on the financing. The payments on this lease will be $124,046.48 and will be due twice per year on June 1st and December 1st for seven (7) years through 2024. The total repayment cost will be $1,736,650.72 with an interest rate of 2.09%. After the first year there is a prepayment allowed at a 2% prepayment amount. If the Ordinance is approved the transaction will close on December 8, 2017 and documents will be signed at that time.
Tom Peltz, Bond Counsel for the City. Mr. Peltz explained that the Ordinance provides for the standard from for a lease purchase. The obligation does not require a vote because if City Council should decide in the future to not appropriate for the lease payments, there is no further obligation for the City. The financing does occur over a seven (7) year period, the title will belong to the City. The City did separately bid for the financing for this transaction apart from the equipment.
Mayor McLean asked if there were any comments from the audience on the second reading of the Ordinance, there were none.
Motion by Councilmember Humbert, seconded by Councilmember Edwards, to approve Ordinance 2269 authorizing and approving the Lease-Purchase of Heavy Equipment for the City and providing details in connection with the lease financing with the total repayment cost of $1,736,650.72 with an interest rate of 2.09% over seven (7) years. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
6. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO CERTIFYING THE BALLOT CONTENT FOR THE SPECIAL MAIL BALLOT RUN-OFF MUNICIPAL ELECTION FOR MAYOR, WARD 1 COUNCIL MEMBER AND WARD 2 COUNCIL MEMBER TO BE HELD ON DECEMBER 5, 2017; DESIGNATING THE VOTING LOCATION AND STAND-ALONE DROP-OFF LOCATIONS; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
City Manager Philip Rodriguez explained that there are three (3) seats that will be decided in the run-off election. City Manager Rodriguez introduced City Clerk Natalie Hoel.
City Clerk Natalie Hoel explained that no candidate for Mayor, Council Member for Ward 1 or Council Member for Ward 2 received the majority of the votes cast at the November 7 election as required by City Charter, so a Special Mail Ballot Run-off Election will be held for those seats on December 5, 2017.
City Attorney Margaret Brubaker explained that it can be confusing to the citizens to receive another ballot after the November 7th Coordinated Election. The citizens will be receiving another ballot for the run-off election that must be returned by 7:00 p.m. on Election Day, December 5, 2017.
City Manager Rodriguez explained that the ballots will be going out soon and the City will conduct this portion of the election. The locations to drop off a ballot will be at City Hall, 500 South 4th Avenue from November 13, 2017 to Election Day, December 5, 2017. The locations that will be open on Election Day are Fire Station 52, 124 South 40th Avenue, Brighton Recreation Center, 555 North 11th Avenue and Eagle View Adult Center, 1150 Prairie Center Parkway.
City Clerk Hoel answered questions from City Council regarding:
• The use of the Adams County drop box in the parking lot of City Hall.
Motion by Councilmember Pollack, seconded by Councilmember Humbert, to approve Resolution 2017-123 certifying the ballot content for the Special Mail Ballot Run-off Municipal Election for Mayor, Ward 1 Council Member and Ward 2 Council Member to be held on December 5, 2017; designating the voting location and stand-alone drop-off locations; and setting forth other details related thereto. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
7. REPORTS - UTILITY UPDATE
Utilities Director Curt Bauers reported that per Section 3-8-280 of the Municipal Code City Council shall be notified when there is an emergency contract procurement. On November 3, 2017 Utilities requested an emergency Purchase Order to cover the cost of a settlement agreement with T Lowell Construction in the amount of $130,111.70 to settle various claims for contract adjustments occurring between March 11, 2017 and October 27, 2017 on the South Platte Interconnect Construction Project. Staff fells the settlement is fair and equitable and is within the available budget. The contractor has returned to work.
City Attorney Margaret Brubaker explained that there is a provision in the Code that allows for emergency procurements if there is not time to take an item to City Council and the City Manager authorizes it and it falls within the emergency criteria in the Code. The Code requires that he City Council be notified of the procurement at its next meeting. No action is needed on this item.
Director Bauers answered questions from Council regarding:
• The events that took place that required this emergency Purchase Order.
• Recourse from the design contractor because they did not recognize the gas line.
8. EXECUTIVE SESSION
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Humbert, to go into Executive Session at 6.32 p.m. for a conference with the City Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) regarding litigation support. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
Mayor McLean reconvened the meeting at 6:45 p.m.
9. ADJOURNMENT
Motion by Councilmember Edwards, seconded by Councilmember Wallin, to adjourn at 6:46 p.m. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
CITY OF BRIGHTON, COLORADO
_____________________________
Richard N. McLean, Mayor
ATTEST:
______________________________
Natalie Hoel, City Clerk
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Approval Date