City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, October 2, 2018
7:00 PM
Council Chambers
City Council
MAYOR - KENNETH J. KREUTZER
MAYOR PRO-TEM - JW EDWARDS
COUNCIL MEMBERS:
LYNN BACA, CLINT BLACKHURST, MARK HUMBERT,
MATT JOHNSTON, GREGORY MILLS, MARY ELLEN POLLACK,
KIRBY WALLIN
1. CALL TO ORDER
Mayor Kreutzer called the meeting to order at 7:00 p.m.
A. Pledge of Allegiance to the American Flag
Councilmember Blackhurst led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca,
Councilmember Blackhurst, Councilmember Humbert, Councilmember
Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember
Wallin
2. APPROVAL OF REGULAR AGENDA
Mayor Pro Tem Edwards asked that the Regular Agenda be amended by adding General Business Item 11A regarding the City Manager Position.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to approve the Regular Agenda as amended. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember
Pollack, and Councilmember Wallin
No: 1 - Councilmember Johnston
3. CONSENT AGENDA
A. Approval of the September 4, 2018 City Council Minutes
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, SETTING THE CITY OF BRIGHTON HOLIDAY SCHEDULE AND GENERAL LEAVE FOR THE 2019 CALENDAR YEAR
Resolution No: 2018-109
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF LOCAL AFFAIRS REGARDING A GRANT FOR THE BRIGHTON HISTORIC DEPOT REHABILITATION AND ADAPTIVE REUSE PROJECT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND AMENDING THE 2018 ADOPTED BUDGET ACCORDINGLY
Resolution No: 2018-110
Motion by Councilmember Humbert, seconded by Councilmember Baca, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
4. CEREMONIES
A. College Application Month Proclamation
Mayor Kreutzer read the Proclamation into the record and presented it to Youth Services Coordinator Tawnya Russell.
Motion by Councilmember Humbert, seconded by Councilmember Blackhurst, to approve the Proclamation. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
B. Domestic Violence Awareness Month Proclamation
Mayor Kreutzer read the Proclamation into the record and presented it to Victim Services Coordinator Kimberly Messina.
Motion by Councilmember Blackhurst, seconded by Councilmember Wallin, to approve the Proclamation. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
Giana Rocha, Brighton, Colorado. Ms. Rocha invited everyone to attend the first Teen Town Hall on October 4, 2018 at 6:00 p.m.
Mike Boutwell, Brighton, Colorado. Mr. Boutwell expressed his concern regarding Proposition 112.
6. PUBLIC HEARINGS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING THE SERVICE PLAN FOR PARKLAND METROPOLITAN DISTRICT NOS. 1-2 (PUBLIC HEARING CONTINUED FROM SEPTEMBER 18, 2018)
Mayor Kreutzer read the title of the Resolution into the record.
City Manager Philip Rodriguez introduced Senior Planner Mike Tylka.
Senior Planner Mike Tylka read a letter requesting withdrawal of the Parkland Metropolitan Districts 1 and 2 application received from Jack Hoagland into the record (Exhibit A). Staff is comfortable with this request.
Motion by Councilmember Mills, seconded by Councilmember Blackhurst, to accept the withdrawal of the Parkland Metropolitan Districts 1 and 2 application. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
7. ORDINANCES FOR INITIAL CONSIDERATION
8. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY OF BRIGHTON CITY COUNCIL, APPROVING THE REZONING OF AN APPROXIMATELY 0.03 ACRE AREA OF LAND GENERALLY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 6, 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 LIGHT INDUSTRIAL (I-1) TO A ZONING DESIGNATION OF DOWNTOWN (DT)
Mayor Kreutzer read the title of the Ordinance into the record.
City Manager Rodriguez explained that this is the final reading of the Ordinance and there have not been any changes since first reading.
Motion by Councilmember Baca, seconded by Councilmember Humbert, to approve Ordinance 2292 approving the rezoning of an approximately 0.03 acre area of land generally located in the southwest quarter of section 6, 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 Light Industrial (I-1) to a zoning designation of Downtown (DT). Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
9. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE THIRD AMENDMENT TO THE AGREEMENT AMONG ADAMS COUNTY, CITY AND COUNTY OF BROOMFIELD, AND THE MUNICIPALITIES OF BRIGHTON, COMMERCE CITY, FEDERAL HEIGHTS, NORTHGLENN, THORNTON, AND WESTMINSTER TO ESTABLISH THE NORTH METRO TASK FORCE AS A LEGAL ENTITY, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
Mayor Kreutzer read the title of the Resolution into the record.
City Manager Rodriguez introduced Chief of Police Paul Southard.
Chief of Police Paul Southard presented the Third Amendment for the IGA for the North Metro Task Force. The North Metro Task Force was formed to investigate individuals involved in trafficking drugs in the 17th Judicial District of Adams and Broomfield Counties. The Task Force member agencies include Adams County Sheriff’s Office, Brighton, Broomfield, Commerce City, Federal Heights, Northglenn, Thornton and Westminster. The Task Force was founded in 1991 and through an Intergovernmental Mutual Aid Agreement as was established as a separate legal entity with a governing board in 2007. The IGA originally provided for the Task Force to establish a forfeiture fund to received forfeitures related to the seizure of money, personal property and real estate. The Department of Justice is proposing changes to the process of how funds will be distributed in the future. The funds will now come to the agencies and the participating agencies would have to file paperwork to receive those funds. The IGA would be amended to add language to 7.9.6 “…each party shall be responsible for making a timely application for those funds and responsible for the receipt, accounting and distribution of the funds in compliance with all rules, regulations and laws governing the use and distribution of those funds”. The inability of the task for to receive funds directly has resulted in an increased financial assessment. The 2019 assessment increased 76% to $54,516.00. Approval of the amendment will allow the City to apply for seizure funds to recoup some of the additional assessment. Brighton’s current fund share based on population will be 6.8%. The funds received must be used for law enforcement purposes. Chief Southard answered questions from Council regarding:
• The board being in place to approve the fund distribution.
• A process to review how the funds are expended.
• The new process changing the amount of funds received by the City.
Motion by Councilmember Humbert, seconded by Councilmember Pollack, to approve Resolution 2018-111 approving the Third Amendment to the Agreement among Adams County, City and County of Broomfield, and the municipalities of Brighton, Commerce City, Federal Heights, Northglenn, Thornton, and Westminster to establish the North Metro Task Force as a legal entity, and authorizing the Mayor to execute the Agreement. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
10. UTILITIES BUSINESS ITEMS
Ordinances
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, GRANTING A PERMANENT UTILITY EASEMENT TO THE METRO WASTEWATER RECLAMATION DISTRICT ON 0.239 ACRES OF CITY OWNED PROPERTY LOCATED WEST OF KUNER ROAD AND NORTH OF THE CITY’S WASTE WATER TREATMENT PLANT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENT AGREEMENT THEREOF (FINAL READING)
Mayor Kreutzer read the title of the Ordinance into the record.
City Manager Rodriguez explained that this is the final reading of the Ordinance and there have not been any changes since first reading.
Mayor Kreutzer asked if there were any comments from the audience on the second reading of the Ordinance, there were none.
Motion by Councilmember Wallin, seconded by Mayor Pro Tem Edwards, to approve Ordinance 2293 granting a Permanent Utility Easement to the Metro Wastewater Reclamation District on 0.239 acres of city owned property located west of Kuner Road and north of the City’s Waste Water Treatment Plant, and authorizing the City Manager to execute the Easement Agreement Thereof. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca,
Councilmember Blackhurst, Councilmember Humbert, Councilmember
Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember
Wallin
11. GENERAL BUSINESS
A. CITY MANAGER POSITION
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to go into Executive Session at 7:36 p.m. for discussion of a personnel matter under C.R.S. Section 24-6-402 (4)(f) and not involving any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees regarding the City Manager position. Motion passed by the following vote:
Aye: 5 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, and Councilmember Humbert
No: 4 - Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
Mayor Kreutzer reconvened the meeting at 9:32 p.m.
12. REPORTS
A. By the Mayor
Mayor Kreutzer attended the Chamber After Hours event, the ADCOG Executive meeting, the Fire Station open house, the E-470 Board meeting and the retirement celebration for Commander Schoeneck.
B. By Department Heads
BURA Executive Director Ryan Johnson reported that Brighton received recognition at the International City Manager conference.
C. By the City Attorney
City Attorney Bajorek will be attending the Legal CML conference this weekend.
D. By the City Manager
City Manager Rodriguez reported that CML would be attending the Study Session next week to speak about ballot measures.
13. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Wallin attended the Eye for Art reception, the CML Executive Board meeting and the Lochbuie Sewer Board meeting.
Councilmember Blackhurst reported that the Teen Town Hall would be held on Thursday.
Councilmember Mills attended the North Metro Chamber Forum regarding Transportation, and the School District Planning meeting.
Councilmember Johnston attended the Lochbuie Sewer Board meeting.
Councilmember Humbert asked about the street sign at 34th Avenue and Bromley Lane honoring Commander Christopher Schoeneck.
Councilmember Baca updated City Council regarding DRCOG, NATA and other transportation issues and spoke about resolutions of support for ballot issues.
14. EXECUTIVE SESSION
15. ADJOURNMENT
Motion by Councilmember Baca, seconded by Councilmember Johnston, to adjourn at 9:49 p.m. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
CITY OF BRIGHTON, COLORADO
_____________________________
Kenneth J. Kreutzer, Mayor
ATTEST:
______________________________
Natalie Hoel, City Clerk
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Approval Date