City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, April 4, 2017
7:00 PM
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 7:01 p.m.
A. Pledge of Allegiance to the American Flag.
Mayor Pro Tem Kreutzer led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call.
Present: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca,
Councilmember Bell, Councilmember Edwards, Councilmember Humbert,
Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
2. CONSENT AGENDA
A. Approval of the March 7, 2017 City Council Minutes
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AUTHORIZING THE SIGNING OF A CERTIFIED LOCAL
GOVERNMENT PROGRAM (CLG) GRANT AGREEMENT WITH HISTORY
COLORADO FOR THE AMOUNT NOT TO EXCEED TWELVE THOUSAND ONE
HUNDRED DOLLARS ($12,100.00), FOR THE “BRIGHTON SUBDIVISION
RESIDENTIAL PROPERTIES - HISTORIC SURVEYS PHASE 3” PROJECT; AND
AUTHORIZING THE CITY’S MATCHING OBLIGATION OF TWO THOUSAND FIVE
HUNDRED DOLLARS ($2,500.00); AUTHORIZING A 2017 BUDGET AMENDMENT
FOR THE GRANT PROJECT EXPENDITURES; AUTHORIZING THE CITY
MANAGER TO SIGN AND EXECUTE THE GRANT AGREEMENT; AND SETTING
FORTH OTHER DETAILS RELATED THERETO
Resolution No: 2017-37
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACTING BY AND THROUGH ITS WASTEWATER ENTERPRISE,
REAPPOINTING CITY OF BRIGHTON WASTEWATER MANAGER, KIM SCHOEN,
AS THE CITY OF BRIGHTON REPRESENTATIVE ON THE BOARD OF
DIRECTORS OF THE METRO WASTEWATER RECLAMATION DISTRICT FOR A
TWO-YEAR TERM ENDING JUNE 30, 2019
Resolution No: 2017-38
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPOINTING DAVE SWANSON AS A MEMBER OF THE DISTRICT
PLAN COMMISSION WITH A TERM TO 2019
Resolution No: 2017-39
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPOINTING AMANDA GRIFFIN AS A MEMBER OF THE DISTRICT
PLAN COMMISSION WITH A TERM TO 2019
Resolution No: 2017-40
Motion by Councilmember Kniss, seconded by Councilmember Bell, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
3. APPROVAL OF REGULAR AGENDA
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Humbert, to approve the Regular Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
4. CEREMONIES
A. Parkinson's Disease Awareness Month
Mayor McLean read the Proclamation into the record and presented it to Sue Bettger.
Motion by Councilmember Bell, seconded by Mayor McLean, to approve the Proclamation. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
B. National Service Recognition Day Proclamation
Mayor McLean read the Proclamation into the record and presented it to Tom Rapp.
Motion by Councilmember Wallin, seconded by Councilmember Edwards, to approve the Proclamation. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
C. Child Abuse Prevention Month Proclamation
Mayor McLean read the Proclamation into the record and presented it to representatives from Ralston House and CASA.
Motion by Councilmember Kniss, seconded by Councilmember Baca, to approve the Proclamation. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
D. Sexual Assault Awareness Month Proclamation
Mayor McLean read the Proclamation into the record and presented it to Kimberly Messina, Victims Advocate Coordinator.
Motion by Councilmember Humbert, seconded by Councilmember Bell, to approve the Proclamation. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
E. National Crime Victims' Rights Week Proclamation
Mayor McLean read the Proclamation into the record and presented it to Kimberly Messina, Victims Advocate Coordinator.
Motion by Councilmember Bell, seconded by Mayor Pro Tem Kreutzer, to approve the Proclamation. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
F. Image Summit Update
Youth Services Manager Tawnya Russell and Community Resources Liaison Melinda Weatherholt gave a brief update on the Youth Image Summit.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA
(Speakers limited to five minutes)
6. PUBLIC HEARINGS
A. AN ORDINANCE, OF THE CITY OF BRIGHTON CITY COUNCIL, APPROVING
THE REZONING OF AN APPROXIMATELY 1.12 ACRE AREA OF LAND
GENERALLY LOCATED IN THE NORTH EAST ¼ OF SECTION 7, TOWNSHIP 1
SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF
BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, FROM A ZONING
DESIGNATION OF PL (PUBLIC LAND) TO A ZONING DESIGNATION OF PUD-R
(PLANNED UNIT DEVELOPMENT-RESIDENTIAL) WITH AN UNDERLYING ZONE
DESIGNATION OF R-3 (MULTIPLE-FAMILY RESIDENTIAL)
Mayor McLean read the title of the Ordinance into the record.
Mayor McLean opened the public hearing at 7:41 p.m. and City Clerk Natalie Hoel verified the required postings and publications (February 22, 2017 in the Brighton Standard Blade) for this public hearing were completed.
Acting City Manager Clint Blackhurst introduced Senior Planner Lauren Simmons.
Senior Planner Lauren Simmons explained that this item is the Water Works PUD. This property is under contract with the City for purchase by the Brighton Housing Authority. The applicant is the Brighton Housing Authority and Jim Lambert is the architect working on the project. The property located at 575 Bush Street is approximately 1.12 acres and has been vacant for approximately five (5) years. The property is a historic landmark. The request is to allow PUD zoning to allow affordable senior housing around the current historic building and for preservation of the historic building as a recreation facility for the residents.
The request is for a PUD with an underlying zoning of R-3 (Multiple-Family Residential). Notice was published in the Brighton Standard Blade on February 22, 2017, a sign was posted on the property and notice was sent to all property owners within 300’. Staff did receive official comment and that was submitted to the City Clerk. The property is currently zoned Public Land and has been used for a variety of uses including a City Hall, library, water utility department and a senior center over the past 100 years. The surrounding neighborhood has a variety of zoning districts including Commercial Office to the north, Commercial 2 to the east, and R-1 zoning to the west and south. There is also a church located to the southeast of the property.
The Comprehensive Plan calls for the property to be Downtown zoning. There are a variety of land uses in the vicinity including residential, commercial, employment commercial and downtown zoning. The PUD is in conformance with the Comprehensive Plan as downtown encourages medium to high density housing and diversity. The PUD determines the layout of the buildings on the lot and the diversions from the Land Use and Development Code. The allowed uses on the property per the applicants request in the R-3 category are single family attached elderly for 60 years and older and group living senior living facility independent. All of the other uses in the R-3 category are listed as prohibited uses including multi-family, single-family attached and other types of group housing uses.
Other design standards noted include the height of the building at a maximum of 38’. This is higher than the standard of 35’. This allows for some variety of heights for peaks on the buildings. There is also a request for an architectural element as high as 55’. It is being requested that 20% of the property be landscaped for open space coverage. It is being proposed to maintain the front lawn on the property and that is also reflected in the setbacks. The historic building will be preserved with this project as a community space for residents.
The Housing Authority held a neighborhood meeting on October 26, 2016 at the Libretto community center. The major concerns brought up at that meeting were uses, parking and general construction issues. A parking study was submitted with the PUD for staff review. The parking study recommended .6 parking spaces per dwelling unit. This takes into account the 30% area median income and that the project is for seniors so there are typically lower car ownership rates. In order to address the concerns in the neighborhood, The Water Works PUD includes a request that it be held to the standard of providing one (1) parking space per dwelling unit and to be able to count all adjacent on street parking toward that obligation.
The Planning Commission held a public hearing on March 14, 2017 and they continued the hearing to March 28, 2017 to review the parking study. After the review on March 28th, the Planning Commission did recommend approval. Staff has reviewed the request and finds that it is in general conformance with the Land Use and Development Code and in conformance with the Comprehensive Plan and therefore recommends approval.
Mayor McLean asked if the applicant would like to add anything to the presentation.
Joseph Espinosa, Executive Director of the Housing Authority, 22 South 4th Avenue, Brighton. Mr. Espinosa presented some historic photographs of the building at 575 Bush Street and presented renderings of the proposed senior apartment complex. Mr. Espinosa would like to honor the history of the building by removing the addition from the 1980’s and letting the historic building stand alone. The senior housing will consist of one (1) and two (2) bedroom units and the proposed center “tower” will connect all of the residential units to the historic building which will be a community center for residents. This housing will be for seniors only, multi-family is a prohibited use. The units to the south will have tuck under parking which allows for additional parking on the site.
The next steps include the PUD rezoning and the purchase of the property from the City of Brighton. If those are approved, an application will be sent to the Colorado Housing and Finance Authority (CHFA) for funding of the project. This application process only takes place once per year. The Housing Authority will be applying for 9% Low Income Housing Tax Credits. This is the same funding mechanism that was utilized for Brighton Village, Phases 1, 2 and for Libretto. This is a very competitive process and the funds are very specific and can only be used to build low income senior housing on this site.
Mayor McLean asked if anyone in the audience had questions for the applicant, there was none.
Mayor McLean asked if anyone in the audience wished to speak on behalf of the request.
Wayne Scott, 274 South 3rd Avenue, Brighton. Mr. Scott thanked the City for recognizing this building as historic and reported that it has served as the oldest standing City Hall, the water works building and the senior center. This building has served the citizens in many ways and is important to the neighborhood. Mr. Scott is in favor of rezoning the property. Mr. Scott spent time at the other senior housing facilities in the City and has observed that there are very few cars in those parking lots. There is a need for more senior housing in the City and this facility will serve the community well.
Mayor McLean asked if anyone in the audience wished to speak against the request, there was none.
Mayor McLean asked if any correspondence had been received.
City Clerk Natalie Hoel presented the correspondence to Mayor McLean.
Mayor McLean read a letter from Michael Miller dated March 15, 2017 into the record.
“Ms. Simmons, Having been in receipt of your February 17, 2017 letter regarding the housing project at 575 Bush Street, this note is to serve as comment. I am against the zoning and the project in its entirety. There is concern that not only will the project be a significant upset to the immediate area during a lengthy construction period, any project of this type will ultimately reduce property value, increase crime, and will be a detriment to the community. Thank you for your time.”
Mayor McLean read a letter from Michael Miller dated April 3, 2017 into the record.
“Ms. Simmons, This is in response to your letter dated 2-17-2017 regarding the 575 Bush Street project in which you advise homeowners in the immediate area of 2 upcoming hearings they may be inclined to attend. One on March 14, 2017, the other on April 4, 2017. Your letter also invites property owners to contact you to, ‘submit comment into the record.’ I hereby submit such. To the Brighton Planning Commission, Having attended the March 14, 2017 hearing on the proposed low income housing at 6th and Bush street I voiced concerns that are shared by other residents in the immediate vicinity of that project, unfortunately some of them were unable to attend. This note is to reinforce those concerns and to offer alternatives to building the low income facility at 575 Bush Street. Of particular note was the indication that all the studies were overwhelmingly postured in favor of the Brighton Housing Authority {“BHA”} where Mr. Espinoza and an aide presented a case that showered nothing but happy and beautiful promises for everyone connected to and living around this project such as a beautiful addition to the neighborhood, lower crime rates and higher property values. It is the hope, that this wonderful scenario is what would actually happen. However, evidence indicates the reality is the exact opposite. I personally know someone who lives in what was described to them as a senior low income housing facility in the Denver metropolitan area and while it started out that way, quickly grandma’s sons, daughters, and grandchildren all moved in {policing/monitoring these facilities is woefully ineffective as a gang presence soon develops} and it degenerated into a complex that now houses crime, illicit drug problems, pedophiles, drunks with guns, and a daily appearance by the police force, featuring the usual arrest. There is evidence of this type of activity at low income housings {for whatever label is put on it, be it senior, family, or section-8} on the internet across the United States and in other countries as well. To suggest that this type of activity would not happen at this particular facility in Brighton, Colorado is ludicrous. There is a reason why some areas do not allow low-income housing to be developed and they are astute enough to look beyond money to local governments that will not materialize to individual citizens in any form whatsoever such as directly, rebates or reduced taxation. Conversations with realtors demonstrated that not only will property values significantly decrease for the entire immediate area, the property is also much more difficult to sell. As soon as potential buyers see, or find out about, such housing the tendency is to buy elsewhere, particularly in communities where low income housing is widespread. It was pointed out by a commission member that all of the studies presented clearly favored Brighton Housing Authority’s {“BHA”} position. This was an accurate observation. None of BHA’s studies and materials that were ever presented to the Planning Commission for any of the low-income projects BHA has ever developed contained a survey of opinions from local homeowners in the immediate area. Undoubtedly this is because BHA does not want to be bothered with the expense and time to produce such a survey and is fearful that such would be damning to their effort. BHA’s failure to include such a survey in the presentation of documents to the Commission implies that BHA offers something less than cursory interest in the position of local homeowners. I move the commission to have BHA provide such a report as part of this and all of its future projects at its expense. In addition, BHA should be called upon to provide a continually updated police report of how many and how often calls are made to Brighton’s Police department for incidents at Brighton’s low-income projects as well as BHA’s single residence houses. It is also worthwhile to have BHA provide a diversity study to ensure that the overwhelming majority of all BHA residents are not of a single ethnic background and that BHA is not being unjust or unfair to other tax paying American senior citizens of different races or ethnic backgrounds. Such a study could serve to dissuade any concern that may give rise to any person or entity that may endeavor to pursue a legal case for discrimination. At the hearing, a resident expressed deep problems she had with crime to her business that is adjacent to the proposed project and didn’t find it appropriate to bring in seniors to such an environment. Mr. Espinoza stated that BHA had previously attempted to buy that building. There is a BHA house across the street from me. It would appear that homeowners putting homes on the market can reasonably expect BHA to make an offer. This makes it is obvious that the expansion of such housing in Brighton had and continues to grow at an alarming unchecked rate, there is too much of it, and it contributes to Brighton’s ever increasing crime rate. Since Brighton is insistent on continually building low income housing it should restrict expansion to areas where it already exists and there are many of these areas such as Liberetto, Windmill Ranch, Terra Vista, and Brighton Village. A member of the commission also brought forward that these funds should be used for the betterment of Brighton’s Police force. This member proposed a spot-on accurate presentment of exactly what needs to be done. Kudos to that member for bringing that to the fore and, for one, I am interested in what I can do to assist with that effort. Failure to do so is an open invitation to escalate unwanted crimes, assaults, home invasions, and reduced property values that Brighton’s currently limited police force may become incapable of effectively handling. That building could be used for city or county or state annex purposes or office type businesses, or community activity purposes, instead of contributing to downgrading our community. Thank you for your time. Michael Miller.”
Mayor McLean asked if there were questions from City Council.
Councilmember Edwards is pleased with the existing affordable senior housing facilities in the City and the residents speak highly of the accommodations. Councilmember Edwards asked for the number of individuals currently on a waitlist for these types of properties. Mr. Espinosa explained that there are over 1000 households waiting for affordable housing in the City of Brighton. There were 700 applications for the Brighton Village Phase 2 project with only 63 units. There is a great need for this type of housing in the City.
Mayor Pro Tem Kreutzer feels it was a good idea for the City to save this historic building. The uses for this building are difficult and it is in a unique location. The parking could be an issue in the area because of the churches in the vicinity. When the senior center was located in the building there were hundreds of visitors per day and the new housing facility will decrease the traffic footprint. Mayor Pro Tem Kreutzer asked how many police calls Libretto and Brighton Village receive on a regular basis. Chief of Police Paul Southard reported that there were twenty-nine (29) calls for service at Libretto, sixteen (16) were medical calls, the rest were unwanted parties, indecent exposure, animal calls and thefts. The situation with Libretto is that there is a middle school located to the east and a park to the west so there is traffic passing through the site. In 2017 there have been four (4) calls and they have all been medical assists. Mayor Pro Tem Kreutzer asked if the community space will be limited to the residents that live in the facility. Mr. Espinosa reported that is correct. Mayor Pro Tem Kreutzer asked if the space could be rented to the public and Mr. Espinosa explained that it could not be rented out. Mayor Pro Tem Kreutzer explained that he drove through Libretto and Brighton Village and they are both very quiet areas and there is a lot of parking available. This is an important project for the City to provide the elderly members of the community with affordable housing. This facility will be well cared for and will be a great addition to the neighborhood.
Councilmember Humbert asked if there were similar types of crime incidents at Brighton Village. Chief Southard explained that he does not have the statistics on that facility but there is not much trouble in those area. Councilmember Humbert asked if there will be on street parking allowed on 6th Avenue. Mr. Espinosa reported that there will be.
Mr. Espinosa explained that he grew up three (3) blocks from this site and lives and works in the area. He would not propose a project that he does not feel is appropriate for his home town. This facility will aesthetically improve the site and he does not feel it will increase crime in the area. Mr. Espinosa asked what the crime in the area of Libretto was prior to Libretto opening in 2013. Chief Southard reported that when Libretto opened in the first six (6) months there were five (5) calls for service. When the site was a library there were a lot of calls. There are other apartments along Jessup Street and multi-family dwellings and there are a lot of calls in those areas. It is pretty rare to have an event at Libretto. Mr. Espinosa explained that Crime Analyst John Bradley provided information regarding the Libretto site prior to and after opening the facility in 2013. In 2013 there were calls for vandalism and other issues that were responded to at the library. From 2014 to 2016, residents were added to the neighborhood and there were the same number of calls. The nature of the calls changed from vandalism and other crimes to medical attention calls.
Councilmember Baca explained that nobody feels they are going to get old and fall on hard times and have hardships. Nobody wants to put seniors at risk in a high crime area and everyone would choose to live in the safest area possible if they had the money. This project will create a community for those that need assistance. This funding is not from the City, there is a specific purpose for the funding to provide this type of project. Even if the PUD is approved there is no guarantee that the Housing Authority will be awarded this funding. This vote is just to change the zoning of the property.
The letter read by Mayor McLean has some strong undertones that the material presented at the Planning Commission was biased and slanted to the Housing Authoritiy’s project. Councilmember Baca asked who presented the information at the Planning Commission meeting. Senior Planner Lauren Simmons explained that when staff presents at the Planning Commission meeting they are a neutral party. They present a recommendation based on their professional opinion and education but their views are neutral on the projects. When the studies are asked for as referenced in the letter, those studies are performed at the request of staff by the applicant’s consulting engineers. Those engineers are licensed by the State of Colorado and staff has licensed Colorado engineers and professional planners that review the work. Typically any study that is received is not created by staff, they are reviewed by staff and then recommendations are made based on the professional opinion, and reports are reviewed based on professional training. Councilmember Baca explained that if someone is requested to do a study, they are looking at the scope of the study, not how this will influence the ten (10) blocks around the project. The study is based on a particular item like the parking situation for the project. Councilmember Baca appreciates the residents that step up to serve on boards and commissions in the City of Brighton. Councilmember Baca expressed her concern regarding the Planning Commission. The intent and purpose of that commission is to determine that the projects that come before them adhere to the zoning and the rules of the Master Plans and Comprehensive Plan that the City has adopted. It is not the intention of that board to give their opinion as a resident to grandstand outside of the scope of the purpose of the commission. There are specific rules for the role of the Planning Commission and that is review the plan and determine if it adheres to the rules or does there need to be concessions made to the plan that Council must consider during the approval process. This individual member of the Planning Commission may be out of bounds talking publicly about some items that were not within the scope of the Planning Commission.
Councilmember Bell stated that he served on the Brighton Housing Authority for two (2) years. There are a lot of people on the waiting list for affordable senior housing in the City of Brighton so they can stay close to home in a great community. In response to the letter read by Mayor McLean, Councilmember Bell is having trouble with his feelings when there is a question of the ethical and equal treatment of all people regardless of ethnicity. Councilmember Bell took offense to that paragraph in the letter [from Mr. Miller] Councilmember Bell received a call regarding the parking issues created by the churches in the neighborhood and thanked the Police Department for patrolling the area looking for parking violations. Councilmember Bell hopes the parking situation will not affect the decision for this important development.
Councilmember Kniss is pleased to see this great opportunity for this building. In order to have a quality community all demographics need to be served. This is an important development that the City needs. Councilmember Kniss asked if family members will be allowed to move into these apartments as was stated in the letter read by Mayor McLean. Mr. Espinosa reported that does not happen in these properties. Mr. Espinosa explained that Debbie Robertson does the property management for these properties and is experienced in this process to ensure that does not happen in these types of facilities since the funding comes with very specific requirements. When staff requested that a parking study be completed, the Housing Authority contracted with a group that specialized in parking and transportation to provide that study. Councilmember Kniss thanked Mr. Espinosa for providing the parking study. Councilmember Kniss reported that she serves on the Capital Facility Fee Foundation and they have had discussions to determine how they can support affordable housing. The School District saw the need to support the City with a reduction of fees for this project.
Mayor McLean closed the public hearing at 8:45 p.m.
Motion by Councilmember Wallin, seconded by Councilmember Pollack, to approve the Ordinance rezoning from a zoning designation of PUD-R (Planned Unit Development-Residential) with an underlying zone designation of R-3 (Multiple-Family Residential). Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
Mayor McLean called for a recess at 8:49 p.m.
Mayor McLean reconvened the meeting at 8:58 p.m.
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING, WITH CONDITIONS AS SET FORTH HEREIN, A
CONDITIONAL USE FOR A TAVERN AND A ‘NANOBREWERY’ AS AN
ACCESSORY USE AT THE PROPERTY ADDRESSED AS 21 S. 1ST AVENUE,
BRIGHTON, COLORADO (TO BE KNOWN AS ‘BIG CHOICE BREWING’
Mayor McLean read the title of the Resolution into the record.
Mayor McLean opened the public hearing at 8:59 p.m. and City Clerk Natalie Hoel verified the required postings and publications (March 15, 2017 in the Brighton Standard Blade) for this public hearing were completed.
Acting City Manager Clint Blackhurst introduced Senior Planner Lauren Simmons.
Senior Planner Lauren Simmons explained that this item is the Big Choice Brewing Company Conditional Use Permit. The applicant is Mr. Nathaniel Miller and Andrea and they currently own Big Choice Brewing in Broomfield. The property owner is Ms. Carolyn Corogin. The property is located at 21 South 1st Avenue and is currently zoned Downtown and is located in the old Buddhist Temple. The proposed use is a tavern and a nanobrewery. A tavern is a conditional use in the Downtown zone district. The applicant is proposing hours of operation 7:00 a.m. to 6:00 p.m. for production and 8:00 a.m. to 11:00 p.m. for customers. The capacity for the building is one hundred sixty (160).
Public notice was posted on the property on March 15, 2017, written notice was mailed to all property owners within 300’, and the notice was published in the Brighton Standard Blade. Staff has received no inquiries regarding this request.
Staff has reviewed this conditional use request and recommends approval. The request is in general conformance with the Comprehensive Plan which designates the property for downtown uses. The request is in compliance with the Land Use and Development Code. The conditions will ensure that the proposed uses are harmonious with the other uses in the downtown area. Senior Planner Simmons read the following conditions into the record:
1. Approval of this conditional use application shall not run with the land and is limited to the operation of a tavern and accessory ‘nanobrewery’ by Big Choice Brewing, LLC, in the existing building located at 21 South 1st Avenue, Brighton, Colorado, as more particularly described in Exhibit A, attached hereto (the “Premises”).
2. Big Choice Brewing, LLC, shall obtain the proper liquor license for the operation of a tavern and accessory ‘nanobrewery’ from the Brighton Local Liquor Licensing Authority before any alcohol is sold or manufactured on the premises.
3. Big Choice Brewing, LLC, is permitted to operate a ‘nanobrewery’ or small brewery operation on the premises that produces no more than 3,000 barrels annually as an accessory use to the tavern.
4. Big Choice Brewing, LLC, shall obtain all necessary licenses and permits and meet all applicable federal, state, and local laws, regulations, licenses and policies at all times.
Mayor McLean asked if the applicant would like to add anything to the presentation.
Nathaniel Miller, 10274 West 81st Avenue, Arvada, Colorado. Mr. Miller stated that he hopes to bring a positive effect to the Brighton community.
Mayor McLean asked if anyone in the audience had questions for the applicant, there was none.
Mayor McLean asked if anyone in the audience wished to speak on behalf of the request.
Wayne Scott, 274 South 3rd Avenue, Brighton. Mr. Scott is excited that there are two (2) historic buildings getting reuse in the City. Mr. Scott has served or is serving on the Historic Preservation Commission, the Brighton Urban Renewal Authority and the Downtown Partnership Committee and is excited about this prospect. The Broomfield location is well run and it is exciting to have the business in Brighton.
Mayor McLean asked if anyone in the audience wished to speak against the request, there was none.
Mayor McLean asked if any correspondence had been received, there was none.
Mayor McLean asked if there were questions from City Council.
Mayor Pro Tem Kreutzer asked if the production time from 7:00 a.m. to 6:00 p.m. will be enough time. City Attorney Margaret Brubaker explained that the hours are set by the Liquor Licensing Authority so City Council will not be approving the hours of operation. Mayor Pro Tem Kreutzer asked if there is sufficient parking in the area since the adjacent parking lot is owned by the bank. Mayor Pro Tem Kreutzer asked if an agreement has been reached with the bank or if discussions have taken place regarding the parking. Mr. Miller explained that Andrea did reach out to the branch manager at the bank to discuss the parking impacts to the bank parking lot. There was not an official agreement reached but both parties felt there would not be much impact since the business hours would not overlap the banking hours. Mayor Pro Tem Kreutzer wanted to be sure that cars would not be towed from the lot if customers parked there. Senior Planner Simmons reported that there is on street parking in the area and additional parking is being constructed in the vicinity. Mayor Pro Tem Kreutzer is excited about this business coming into the City.
Mayor McLean explained that he is surprised by the hours of operation and wished the owners success.
Mayor McLean closed the public hearing at 9:10 p.m.
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Humbert, to approve Resolution 2017-41 approving with conditions as set forth herein, a Conditional Use for a tavern and a ‘nanobrewery’ as an accessory use at the property addressed as 21 S. 1st Avenue, Brighton, Colorado (to be known as ‘Big Choice Brewing’). Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
7. ORDINANCES FOR INITIAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN
THE CITY OF BRIGHTON AND THE HOUSING AUTHORITY OF THE CITY OF
BRIGHTON, COLORADO REGARDING CERTAIN REAL PROPERTY IN ADAMS
COUNTY, CONSISTING OF THREE PARCELS, LOCATED, GENERALLY, IN THE
NW ¼ OF THE NE ¼ OF SECTION 7, TOWNSHIP 1 SOUTH RANGE 66 WEST OF
THE 6TH PRINCIPAL MERIDIAN, AND PORTIONS OF LOT 33, BLOCK 26,
WALNUT GROVE SECOND ADDITION TO BRIGHTON, AS MORE
PARTICULARLY SET FORTH IN SAID AGREEMENT; FINDING THAT THE TERMS AND CONDITIONS OF SAID AGREEMENT ARE REASONABLE AND THAT IT IS IN THE BEST INTEREST OF THE CITY TO SELL THE PROPERTY AS SET FORTH THEREIN; AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY, THE CITY CLERK TO ATTEST
THERETO, AND THE ACTING CITY MANAGER, OR HIS DESIGNEE, TO
UNDERTAKE SUCH TASKS AND EXECUTE SUCH DOCUMENTS AS MAY BE
REQUIRED TO CARRY OUT THE TERMS OF SAID AGREEMENT; AND SETTING
FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Ordinance into the record.
Acting City Manager Clint Blackhurst introduced Assistant City Manager of Development Marv Falconburg.
Assistant City Manager of Development Marv Falconburg requested consideration of a Purchase and Sale Agreement for 575 Bush Street with the Housing Authority. This property has been vacant since the senior center relocated in 2012. The Brighton Housing Authority has plans to preserve the historic building and redevelop a new senior restricted affordable housing unit project. The original brick structure which was constructed in 1919 is an important structure for the City and was designated as a local historic landmark by the Historic Preservation Commission in 2014. With this designation, the integrity and history of the original brick structure must remain in place even when the ownership is transferred and redeveloped. Cost estimated to repair and renovate the facility have ranged from $375,000.00 to $700,000.00. There have been several ideas for the new use of the building but staff received specific direction from City Council not to spend additional funds on renovations for this building. Selling the property to the Housing Authority does allow the historic portion to be preserved while significant additional funding will provide modern affordable senior housing for local residents in an established neighborhood. The contract includes several provisions including the purchase price of $75,000.00 or a provision that once the new appraisal is in, if it is more than $75,000.00 that will be the purchase price. The City agrees to provide basic, minimal maintenance during the interim period and the City reserves the right to re-purchase the property if the Housing Authority does not receive approval of the housing tax credits within the specified period of time. The initial timeframe is three (3) years and there is a possibility for an additional two (2) years in one (1) year increments that require additional payments of $25,000.00 per year if it continues past three (3) years.
Motion by Councilmember Edwards, seconded by Councilmember Wallin, to approve the Ordinance approving a Purchase and Sale Agreement between the City of Brighton and the Housing Authority of the City of Brighton, Colorado regarding certain real property in Adams County, consisting of three parcels, located, generally, in the NW ¼ of the NE ¼ of Section 7, township 1 south range 66 west of the 6th principal meridian, and portion of lot 33, block 26, Walnut Grove Second Addition to Brighton and that it is in the best interest of the City to sell the property as set forth therein; authorizing the Mayor to execute said agreement on behalf of the City for the sale price of $75,000.00 which may change based upon the appraisal. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
8. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING AN OIL AND GAS LEASE (NO SURFACE
OCCUPANCY) WITH PETRO OPERATING COMPANY, LLC FOR +/- 36.1607 NET
MINERAL ACRES IN CERTAIN PORTIONS OF SECTION 3 TOWNSHIP 1 SOUTH,
RANGE 66 WEST OF THE 6TH P.M. IN ADAMS COUNTY, COLORADO AND IN
SECTION 34 TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M. WELD
COUNTY, COLORADO; FINDING THAT THE TERMS OF SAID LEASE ARE
REASONABLE AND THAT IT IS IN THE BEST INTEREST OF THE CITY TO
ENTER INTO SAID LEASE; AUTHORIZING THE MAYOR TO EXECUTE SAID
LEASE ON BEHALF OF THE CITY; AUTHORIZING THE ACTING CITY MANAGER
TO UNDERTAKE SUCH TASKS AND EXECUTE SUCH DOCUMENTS AS MAY BE
REQUIRED TO IMPLEMENT SAID LEASE; AND SETTING FORTH OTHER
DETAILS RELATED THERETO
Mayor McLean read the title of the Ordinance into the record.
Acting City Manager Clint Blackhurst reported that there have not been any changes since first reading.
Mayor McLean asked if there were any comments from the audience on the second reading of the Ordinance, there were none.
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Humbert, to approve Ordinance 2253 approving an Oil and Gas Lease (no surface occupancy) with Petro Operating Company. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
9. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACCEPTING THE PROPOSAL OF NORRIS DESIGN, AND
AWARDING THE CONTRACT FOR THE DESIGN SERVICES CREATING
MASTER PLANS & CONSTRUCTION DOCUMENTS FOR PARKS &
RECREATION, PROJECTS #99922, #17001, #17016 IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED SEVENTY THOUSAND SEVEN HUNDRED TWENTY
SIX DOLLARS AND SIXTY CENTS ($170,726.60) TO NORRIS DESIGN, AND
AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE
CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor McLean read the title of the Resolution into the record.
Acting City Manager Clint Blackhurst introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle asked to award the contract to Norris Design in the amount of $170,726.60. Six (6) responses were received from the RFP and Norris Design is the most responsive firm, they did the best interview and had the best cost for the project. The projects include the Master Plan for the Downtown Plaza, there will be two (2) public meetings for this project. The second project is the Master Plan for BJAA Park, two (2) public meetings will be held for this project and the funds are in the 2017 budget. The third project is the Water Tower Park. The football fields will be converted from natural turf to artificial turf. There is currently not enough field space and the only way to provide additional space is to use artificial turf. Meetings will be held with the Football Association and the Soccer Association to get their input for the project design. $40,000.00 was budgeted for the projects and those funds covered the master planning process. In order to get the Water Tower Park project and the BJAA Park project done early next year, funds are needed from the Parks and Recreation Capital Improvement Fund for the construction drawing and bid documents. Excess funds from the Park Sign Project are being used for this project. The security camera for Carmichael Park project will be postponed and those funds will also be used. BJAA Park and Water Tower Park will be the Adams County grant applications in the fall to help fund the projects. The Master Plans will be brought back to City Council in July. Director Wardle answered questions from Council regarding:
• Norris Design having worked well with the City in the past.
• Norris Design working on the design for Footprint Park.
Motion by Councilmember Baca, seconded by Councilmember Bell, to approve Resolution 2017-42 accepting the proposal of Norris Design and awarding the contract for the design services creating master plans and construction documents for Parks & Recreation, Projects #99922, #17001, #17016 in an amount not to exceed $170,726.60 for BJAA Park and Water Tower Park. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack,
and Councilmember Wallin
Absent: 1 - Councilmember Edwards
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO TAKING ACTION UPON AN APPLICATION FOR AFFORDABLE
HOUSING ASSISTANCE SUBMITTED BY THE BRIGHTON HOUSING
AUTHORITY PURSUANT TO SECTIONS 3-5-50, 3-5-60 AND 3-5-70 OF THE
BRIGHTON MUNICIPAL CODE AND APPROVING THE REDUCTION OR
SUBSIDY OF DEVELOPMENT IMPACT FEES AND USE TAX ACCORDINGLY
Mayor McLean read the title of the Resolution into the record.
Acting City Manager Clint Blackhurst introduced Senior Planner Lauren Simmons.
Senior Planner Lauren Simmons explained that this is a request for affordable housing assistance for what is known as Duplex Residential Assistance Demonstration Conversion Project. The City Code approved in 2002 allows for some assistance for eligible affordable housing projects. This was in response to the City’s efforts to support affordable housing in the City of Brighton. The applicant is Joseph Espinosa with the Brighton Housing Authority. There are three (3) projects, they are existing duplexes owned and maintained by the Brighton Housing Authority. The residents in these buildings earn 30% of area median income, this is the lowest affordable housing bracket. The project is to convert duplexes into quadplexes to double the units in each building. Eight buildings are being converted so sixteen (16) new units will be added. The buildings are located at 305 North 5th Avenue, 559 Jessup Street, 55 and 75 South 18th Street.
The Brighton Municipal Code allows for a reduction of certain fees based on the Affordable Housing Matrix. The most consideration is given for the lowest income which is 30% of area median income. This Resolution is to approve the application for affordable housing assistance. Item 9C is a Resolution to approve the Affordable Housing Assistance Agreement for this project. This Agreement outlines the fees and specifies the exact fee reductions. The application is in conformance with Article 3-5-10 of the Brighton Municipal Code and staff recommends approval of both Resolutions. Ms. Simmons reviewed the various fees and which ones would be eligible for assistance.
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Kniss, to approve Resolution
2017-43 taking action upon an application for affordable housing assistance submitted by the Brighton Housing Authority pursuant to Sections 3-5-50, 3-5-60 and 3-5-70 of the Brighton Municipal Code and approving the reduction or subsidy of development impact fees and use tax fees to include the following: The applicant shall pay at the time of building permit issuance the full amount of the following fees for building permit, electrical permit, plumbing permit, mechanical permit, plan check fee and sewer plant investment fee to Metropolitan Wastewater Reclamation District they will also pay their portion of applicable fees for water plant investment fees. The applicant shall not be required to pay the following fees or dedications: use tax, neighborhood park impact fees, community park impact fees, crossing fees, drainage fees, traffic impact fees, public park land dedication or fee-in-lieu, open space land dedication or fee-in-lieu, school land dedication or fee-in-lieu, capital facility foundation fees, and private on-site open space dedication. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING AN AGREEMENT FOR AFFORDABLE HOUSING FOR
THE DUPLEX RESIDENTIAL ASSISTANCE DEMONSTRATION CONVERSION
PROJECT BETWEEN THE CITY OF BRIGHTON AND THE BRIGHTON HOUSING
AUTHORITY; MAKING CERTAIN FINDINGS PURSUANT TO SECTION 3-5-50 OF
THE BRIGHTON MUNICIPAL CODE IN SUPPORT OF CERTAIN FEE
REDUCTIONS AND WAIVERS; AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY; AND SETTING FORTH OTHER
DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
Senior Planner Lauren Simmons explained that this item is the Affordable Housing Agreement for the project that was presented during the previous item.
Motion by Councilmember Wallin, seconded by Councilmember Humbert, to approve Resolution 2017-44 approving an Agreement for Affordable Housing for the Duplex Residential Assistance Demonstration Conversion Project between the City of Brighton and the Brighton Housing Authority. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF BRIGHTON AND ADAMS COUNTY REGARDING A JOINT AG
INNOVATION SPECIALIST POSITION; APPROVING THE CITY’S NOT TO
EXCEED ANNUAL CONTRIBUTION OF FORTY THOUSAND DOLLARS ($40,000)
TOWARD SAID SPECIALIST POSITION; AUTHORIZING A 2017 BUDGET
AMENDMENT IN THE AMOUNT OF $30,000; AUTHORIZING THE MAYOR TO
EXECUTE SAID INTERGOVERNMENTAL AGREEMENT ON BEHALF OF THE
CITY AND THE ACTING CITY MANAGER TO UNDERTAKE SUCH TASKS AS
MAY BE REQUIRED TO IMPLEMENT THE TERMS OF SAID AGREEMENT; AND
SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
Acting City Manager Clint Blackhurst introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle explained that this is an IGA between the City of Brighton and Adams County regarding the Joint Ag Innovation Specialist position. This position was identified in the District Plan IGA which created the District Plan Commission. This is a joint position that will support the District Plan Commission by providing the research and information they need. This is a two (2) year position specific to the District Plan Commission. The cost will be shared 50/50 by the City and Adams County. The position will be hired by June so only half of the cost will be used in 2017. The City and Adams County will work together to advertise and interview for the position. The District Plan Commission will be part of the process to hire for this position.
Motion by Councilmember Baca, seconded by Councilmember Humbert, to approve Resolution 2017-45 approving an Intergovernmental Agreement between the City of Brighton and Adams County regarding a joint Ag Innovation Specialist position; approving the City’s not to exceed annual contribution of $40,000.00 toward said specialist position, authorizing a 2017 budget amendment in the amount of $30,000.00. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
10. UTILITIES BUSINESS ITEMS
11. GENERAL BUSINESS
12. REPORTS
A. By the Mayor.
B. By Department Heads.
C. By the City Attorney.
D. By the City Manager.
13. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Humbert attended the Duke White Field re-dedication, the Chamber of Commerce ribbon cutting at Barr Lake State Park and Nature Center.
Councilmember Kniss reported that the Legacy Foundation is accepting applications for scholarships.
Mayor Pro Tem Kreutzer attended the Duke White Field re-dedication, and the Denver EDC Annual meeting and awards. Mayor Pro Tem Kreutzer met with the new Chamber of Commerce President.
14. EXECUTIVE SESSION
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Kniss, to go into Executive Session at 9:55 p.m. for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding prospects. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
Mayor McLean reconvened the meeting at 10:19 p.m.
15. ADJOURNMENT
Motion by Councilmember Edwards, seconded by Councilmember Wallin, to adjourn at 10:21 p.m. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
CITY OF BRIGHTON, COLORADO
_____________________________
Richard N. McLean, Mayor
ATTEST:
______________________________
Natalie Hoel, City Clerk
______________________________
Approval Date