City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, November 17, 2020
6:00 PM
Virtual Meeting
City Council
MAYOR - GREGORY MILLS
MAYOR PRO TEM - MATT JOHNSTON
COUNCIL MEMBERS:
CLINT BLACKHURST, ADAM CUSHING,
MARK HUMBERT, KRIS JORDINELLI, MARY ELLEN POLLACK,
ANN TADDEO, TIM WATTS
1. CALL TO ORDER
Mayor Mills called the meeting to order at 6:01 p.m.
A. Pledge of Allegiance to the American Flag
Councilmember Humbert led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 8 - Mayor Mills, Mayor Pro Tem Johnston, Councilmember Blackhurst, Councilmember Cushing, Councilmember Humbert, Councilmember Jordinelli, Councilmember Pollack, Councilmember Taddeo, and Councilmember Watts
Councilmember Cushing arrived at 6:45 p.m.
2. APPROVAL OF REGULAR AGENDA
Motion by Councilmember Blackhurst, seconded by Councilmember Humbert, to approve the Regular Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor Mills, Mayor Pro Tem Johnston, Councilmember Blackhurst, Councilmember Humbert, Councilmember Jordinelli, Councilmember Pollack, Councilmember Taddeo, and Councilmember Watts
Absent: 1 - Councilmember Cushing
3. CONSENT AGENDA
A. Approval of the October 13, 2020 City Council Minutes
B. Approval of the October 20, 2020 City Council Minutes
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, REAPPOINTING MICHAEL RICHARDSON AS AN ECONOMIC DEVELOPMENT BOARD MEMBER OF THE LODGING TAX ADVISORY COMMITTEE WITH A TERM TO DECEMBER, 2023
Resolution No: 2020-112
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING KATHY WARDLE AS A CULTURAL ARTS COMMISSION MEMBER OF THE LODGING TAX ADVISORY COMMITTEE WITH A TERM TO DECEMBER, 2023
Resolution No: 2020-113
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING JEREMY HAMMEN AS AN AT LARGE MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD WITH A TERM TO JANUARY 2024
Resolution No: 2020-114
Motion by Mayor Pro Tem Johnston, seconded by Councilmember Blackhurst, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor Mills, Mayor Pro Tem Johnston, Councilmember Blackhurst, Councilmember Humbert, Councilmember Jordinelli, Councilmember Pollack, Councilmember Taddeo, and Councilmember Watts
Absent: 1 - Councilmember Cushing
4. CEREMONIES
A. Small Business Saturday Proclamation
Mayor Mills read the Proclamation into the record.
Motion by Councilmember Watts, seconded by Councilmember Taddeo, to approve the Proclamation. Motion passed by the following vote:
Aye: 8 - Mayor Mills, Mayor Pro Tem Johnston, Councilmember Blackhurst, Councilmember Humbert, Councilmember Jordinelli, Councilmember Pollack, Councilmember Taddeo, and Councilmember Watts
Absent: 1 - Councilmember Cushing
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
6. PUBLIC HEARINGS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING ALL PUBLIC IMPROVEMENTS ASSOCIATED WITH A MAJOR SUBDIVISION, FOR AN APPROXIMATELY 69.680 ACRE PROPERTY, GENERALLY LOCATED IN SECTION 1, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO, COMMONLY KNOWN AS RIDGELINE VISTA SUBDIVISION
Mayor Mills read the title of the Resolution into the record.
Mayor Mills opened the public hearing at 6:15 p.m. and City Clerk Natalie Hoel verified the required postings and publications (October 26, 2020 on the City of Brighton website) for this public hearing were completed.
City Manager Jane Bais DiSessa introduced Community Development Director Holly Prather and Assistant Planner Sean Pesek.
Community Development Director Holly Prather gave a brief introduction since this is the first Major Subdivision Plan that Council is reviewing. In December 2019, Council approved an update to the Land Use and Development Code. The primary purpose to update the Code was to create more transparency in the development process and to establish improvements required in subdivisions and try to get those improvements outlined earlier in the process. A frustration for the Planning Commission and the citizens was to hold a public hearing on a preliminary plat and not know all of the required improvements and when they would be made. A neighborhood meeting is now required to be held before the applicant can submit their application. This allows the neighboring property owners an opportunity to meet with the developer and express any concerns related to the application. The developer and their engineering team can look at those concerns and try to incorporate them into the plans prior to submitting to the City. The notice requirements were increased. Previously the notice for a preliminary plat was sent only to those property owners directly adjacent to the property. Notice is now sent to those within 300’ and the notice is posted on the City website. Notices were previously posted in the local newspaper but citizens do not always read the local paper. Citizens are most likely using social media more and looking for information on the City’s website. The Major Subdivision Plan document now sets forth the development obligations for the construction of roadways, traffic signals, parks and open space dedications, any required water dedications, and school land dedications. The requirements have now been front loaded earlier in the process, which is now annexation, zoning, and then the major subdivision plan. This plan now outlines all of the improvements that have to be made with the subdivision. This would ensure that the Planning Commission, City Council, the developer and the residents are aware of what public improvements would be made to the subdivision and when they will be made. This is a more transparent process and more involved in the early stages.
Assistant Planner Sean Pesek presented the Ridgeline Vista Major Subdivision Plan. The application was approved by the Planning Commission on October 8, 2020. According to the amended Land Use and Development Code, applications approved by Planning Commission that include public improvements shall be scheduled for a public hearing at City Council for acceptance of the proposed public improvements set forth in the plan. The applicant is Travis Frazier with Redland and the owner is Eric Eckberg on behalf of CW-Blue Sky.
This application was submitted after the effective date of the new Code on January 1, 2020 and as a result, this application was reviewed using the amended Land Use and Development Code and the applicable sections and criteria are referenced in this presentation.
The subject property is generally located in the northeast corner of Brighton, southeast of the intersection of Baseline Road and North 60th Avenue. It is directly west of Lochbuie Station residential development and east of the Brighton East Farms Filing 3 Subdivision. The purpose of the application is to allow for the approval of a Major Residential Subdivision. As defined in the Code, Major Subdivisions are land divisions or development affecting rights-of-way or infrastructure that requires a more comprehensive review. Platting is the third step in the overall development process but involved two applications; one is the Major Subdivision Plan. If City Council accepts the public improvements proposed in the plan, the applicant would apply for a Final Plat and that application is administratively approved.
The developer has proposed 220 single-family detached lots and seven tracts for drainage, landscaping, and parks. Included is one lot for single-family attached dwellings and one lot for future duplex units and paired homes.
The subject property was annexed in two separate annexations, the first in 1987 as part of the Neff Annexation consisting of sixty-one acres and in 2018 approximately nine acres was annexed as part of the Neff II Annexation. Both of the annexations are regulated under their own Annexation Agreements. In 2018 the subject property was zoned Ridgeline Vista PUD, which set forth the development standards with the exception of approximately 0.388 acres in the northeast corner. That portion of the proposed development is not annexed and does not have a City of Brighton zoning designation, but there are improvements planned for this piece of land. The small triangle piece of land is located along Baseline Road. Within the un-annexed piece, the developer has proposed a segment of trail and critical drainage infrastructure existing of an outfall and an emergency spillway for the water quality pond to the east in Tract D. The purpose of the spillway is to contain any excess water in the case of a major storm. The property owner is aware of the situation and has submitted an Annexation Petition and a Zoning Map Amendment Application to the City for review. Both items are scheduled to be heard by City Council on December 1, 2020. Staff’s recommendation to City Council is contingent upon the successful Annexation and Rezone of this piece of property.
The Comprehensive Plan has designated approximately forty acres as appropriate for high density residential and approximately twenty-eight acres as appropriate for medium density residential. According to the Comprehensive Plan, single-family detached is listed as a primary use for the medium density residential category and staff finds that this is consistent with the proposal. Multi-family with an average density of twelve plus units per acre is listed as a primary use for high density residential and the developer has platted two lots totaling approximately eleven acres that will be developed with single-family attached units and duplex units.
The expectations for Phase 1 will consist of one hundred forty-three single-family lots, improvements to Baseline Road, a water quality and detention pond on Tract D, landscaping tracts and a pocket park. The expectations for Phase 2 include seventy-seven single-family detached lots, a 4.32-acre community park, a 0.16-acre pocket park, improvements to North 60th Avenue and a traffic signal contribution for $22,600 for a traffic signal at the intersection of North 50th Avenue and Baseline Road. Phase 3 is anticipated that there will be fifty-four single-family attached units and a traffic signal contribution for $142,900 for the traffic signal at the intersection of 60th Avenue and Baseline Road. Phase 4 should have fifty-two duplex units. The actual unit amounts will not be known until the Final Plat is submitted for Phase 3 and Phase 4. Tract A and Tract B will act as decorative landscape buffers as a transition between 60th Avenue and the western most lots. Tract D is the detention and water quality pond and a segment of privately owned trail that connects to the trail running along Baseline Road and south to a connection point in Phase 2. There are three different ingress/egress points in Phase 1, one at Homestead Avenue and Baseline Road. There are two along North 60th Avenue located at Coral Street and Sugarloaf Street. The Baseline Road improvements include constructing the full southern half section of Baseline Road from 60th Avenue to the eastern property line, constructing a 10’ trail, a median curb and gutter and dedicating forty feet of right-of-way along Baseline to provide for the full-required half of seventy feet. The signal contribution will be made with Phase 3.
In Phase 2 there is a 4.2-acre community park next to North 60th Avenue, the 0.16-acre pocket park in Tract F, the southern portion of Tract D, which includes the trail and Tract G, labeled as open space, but it will be a landscape buffer between the two blocks of lots. The last ingress/egress point is at Hourglass Street and aligns with Brighton East Farms Filing 3. The North 60th Avenue improvements consist of constructing an 8’ trail for the entire length of the property, and adding parallel parking along 60th Avenue adjacent to the park.
Section 2.02.D of the Land Use and Development Code state that a Major Subdivision Plan should be reviewed by the following criteria:
• The application is in accordance with the Comprehensive Plan. The proposed Major Subdivision generally complies with the Comprehensive Plans general guidelines for medium and high-density residential uses and single-family homes are listed as a primary use for medium density residential and multi-family is listed as a primary use for high density residential.
• The application complies with the requirements of the development code. The application complies with the amended Land Use and Development Code and meets the requirements set forth in the Ridgeline Vista PUD.
• The application includes performance, construction and any maintenance assurances. The developer has to submit to the City a guarantee for all public improvements related to the property. The financial guarantee may be in cash, a bond or a letter of credit and infrastructure permits will be issued when these guarantees have been furnished. The developer will be responsible for all public improvements denoted on the Major Subdivision Plan including the Tract E park, 60th Avenue improvements, and Baseline Road improvements. Building permits for any type of structure regulated by the City will not be issued until all of these public improvements for the property have been completed and the property owner has posted surety and receipt of the two traffic signal contributions.
• Any phasing proposed in the application is clearly indicated and demonstrates a logical and coordinated approach to development. A phasing plan was submitted in the application and staff found that it does demonstrate a logical and coordinated approach to development.
• Any impacts identified by specific studies or technical reports, including a review of storm water, are mitigated. Stormwater and drainage impacts are identified and the submitted drainage reports for Ridgeline Vista will be mitigated with accepted engineering and planning. Ridgeline Vista is located within the City of Brighton and as such, stormwater quality treatment and conveyance for facilities will comply with City of Brighton requirements. These facilities include stormwater and sewer infrastructure including inlets and pipes for the purpose of stormwater collection.
• The application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Comprehensive Plan. Staff finds that the application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Comprehensive Plan.
• The design does not impede the construction of anticipated or planned future public infrastructure within the area. Staff finds that the design does not impede construction of anticipated public improvements; the proposed layout is generally compatible with surrounding development as it pertains to the subdivision layout and existing utility lines.
• The recommendations of professional staff or any other public entity asked to review the application. Comments from external agencies have been accounted for in the review of this application.
Public notice was provided in accordance with the Land use and Development Code and to date staff has not received any formal comment. By October 30, 2020, notice was published electronically on the City of Brighton website and social media platforms, two signs were posted on the property, and written notice was mailed to all property owns within 300’. A neighborhood meeting was held on June 17, 2020.
Staff finds that the application complies with the requirements for a Major Subdivision and with the zoning district regulations as outlined in the Ridgeline Vista PUD. Staff also finds that the Major Subdivision Plan complies with the policies of the Comprehensive Plan. Staff has recommended conditional acceptance of the Major Subdivision Plan and the conditions are as follows:
• The annexation and subsequent rezoning of the area known as the Neff Remainder Property is approved by City Council, without any amendments or other changes that would alter the Major Subdivision as proposed prior to the Final Plat for Ridgeline Vista receiving approval.
• The applicant obtains all necessary off-site easements prior to the administrative approval of the Final Plat.
Mayor Mills asked if the applicant would like to add anything to the presentation.
Eric Eckberg, on behalf of the applicant CW Blue Sky, 2696 South Colorado Boulevard, Suite 320, Denver, and Civil Engineer Travis Frazier. Mr. Eckberg explained that this would be the first site community that someone will see coming in from Lochbuie and I-76. There is a monument planned at the City limits. The Major Subdivision Plan covers two hundred twenty single-family lots and higher density residential along Baseline Road with four phases. Phase 1 will cover improvements to Baseline Road and this should complete the roadway. Phase 2 includes the neighborhood park and Phases 3 and 4 are the medium and high density residential. The monument sign will include the Brighton logo and the logo for the community and will be placed at Homestead and another at 60th Avenue. All of the parks and open spaces will be owned and maintained by the Metro District. All of the trails will connect to the parks within the community and walkways along 60th Avenue and along Baseline Road. There will be a 30’ buffer between this site and Lochbuie Station to the east. This buffer will be for drainage and a trail. The site drains to two different regional ponds in the northeast corner of the property. There is a storm line going across an easement on the Brookfield property south of Lochbuie Station to pond 331.
Mayor Mills asked if anyone in the audience had questions for the applicant, there was none.
Mayor Mills asked if anyone in the audience wished to speak on behalf of or against the request, there was none.
Mayor Mills asked if there were questions from City Council.
Mayor Pro Tem Johnston stated that he could not read the notes section in the Major Subdivision Plan. Mayor Pro Tem Johnston is proud of staff for this great process. All of the details are wonderful in this document. Mayor Pro Tem Johnston told Council that it is important to review these documents. Mayor Pro Tem Johnston thanked staff for all of the work done on this document.
Councilmember Blackhurst appreciates the change in style and knowing what to expect and when to expect the improvements. The monument is great and Councilmember Blackhurst wonders if it would be possible to design the monument so the City logo is not so small. This was a well-organized plan and presentation. Mr. Eckberg is happy to have the planner take into consideration an adjustment to the monument.
Mayor Mills likes that the area will be identified as Brighton.
Councilmember Humbert likes that the plan was put together nicely and it is great to see the changes put into place. Councilmember Humbert liked to see the City logo on the signage.
Councilmember Jordinelli could not find pond 331 on the map and asked where it is located. Mr. Eckberg explained that 331 is located south of Lochbuie Station. Councilmember Jordinelli asked if there is large storm drainage pipes and detention ponds in the area to meet the needs if there is a storm. Travis Frazier explained that this is part of the South Beebe Draw Metropolitan District and they are owned and maintained by the District. Their size will handle the regional drainage needs. Councilmember Jordinelli asked if they are designed not to overflow and Mr. Frazier explained that pond 331 drains under I-76 to the east. Councilmember Jordinelli asked if there is drainage to the Mile High Lakes and Mr. Frazier said he does not know but there are pipes under the highway that discharge the pipes to the east as part of the Beebe Draw regional drainage structure.
Councilmember Taddeo asked who maintains the thirty-five acre parcel between the new development and Lochbuie. Mr. Frazier explained that the 30’ wide tract fits between the rear lots and Lochbuie and is maintained by the Metro District.
Mayor Mills asked if a traffic signal would be installed at 60th Avenue. Mr. Frazier explained that they would be paying their pro-rata share of the signal at 60th Avenue. Christopher Montoya determined the percentage of the traffic that would be contributed to the development and based on that, the developer was given a pro-rata cost. Mayor Mills asked that since 60th Avenue will dead end at Baseline Road if there would be a better fit for the location of a traffic signal further to the east at a higher density development that could benefit both sides of the roadway. Director Prather explained that could be a possibility if warrants required a signal, but a median is planned to be built in that area. Mr. Frazier explained that Homestead is designed as a full movement intersection and it is too close to 60th Avenue. If a stoplight were put in at Homestead, there could not be one at 60th Avenue. Mayor Mills explained that he would like the stoplight to be located at Homestead and not at 60th Avenue. Director Prather explained that it would be problematic to move the traffic signal, 60th Avenue is one lane of travel in each direction and bike lanes. In order to create a safe environment for the cyclists, there should be a traffic-controlled intersection so pedestrians and cyclists can cross the roadway safely.
Councilmember Jordinelli explained that a traffic signal could create pauses in traffic to allow traffic down the road to cross. Councilmember Jordinelli feels this is a good solution for this development and thanked the Community Development staff for their hard work. Director Prather explained that this was a team effort with Community Development staff, the developer and their team, Public Works, Utilities, the City Attorney’s Office and the City Manager’s Office.
Mayor Mills closed the public hearing at 7:06 p.m.
Motion by Mayor Pro Tem Johnston, seconded by Councilmember Watts, to approve Resolution 2020-115. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Johnston, Councilmember Blackhurst, Councilmember Cushing, Councilmember Humbert, Councilmember Jordinelli, Councilmember Pollack, Councilmember Taddeo, and Councilmember Watts
7. ORDINANCES FOR INITIAL CONSIDERATION
8. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ESTABLISHING CERTAIN BENEFITS FOR CITY PERSONNEL FOR THE 2021 BUDGET YEAR, AND SETTING FORTH THE DETAILS RELATED THERETO
Mayor Mills read the title of the Ordinance into the record.
Acting City Manager Karen Borkowski Surine explained that this is the final reading of the Ordinance and there have not been any changes since first reading.
Mayor Mills asked if there were any comments from the audience on the second reading of the Ordinance, there were none.
Motion by Mayor Pro Tem Johnston, seconded by Councilmember Humbert, to approve Ordinance 2346. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Johnston, Councilmember Blackhurst, Councilmember Cushing, Councilmember Humbert, Councilmember Jordinelli, Councilmember Pollack, Councilmember Taddeo, and Councilmember Watts
9. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF ARROW J LANDSCAPE & DESIGN, INC. AND APPROVING THE PROCUREMENT OF DESIGN BUILD BASKETBALL COURT AND TRAIL, PROJECT #20-006484, TO ARROW J LANDSCAPE & DESIGN, INC. FOR THE CONTRACT AMOUNT OF ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000), AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AND SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor Mills read the title of the Resolution into the record.
City Manager Bais DiSessa introduced Parks Manager Troy Channell.
Parks Manager Troy Channell presented the Design Build Basketball Court and Trail at Thomas Donelson Park project. This project is fully funded and was approved in the budget. Thomas Donelson Park is a fifteen-acre park located in Brighton East Farms with very few amenities, there is a restroom, a shelter and a playground. The original design did include an area for a basketball court. The court would be a post tension court 85’ by 50’ in size with two goals to allow full-court play. A sidewalk would be constructed to connect to the existing sidewalk to allow for accessibility. A 6’ concrete trail would be built and would connect to the south of the playground running south along the park and would eventually connect to the parking lot planned for construction in 2021. The basketball court and trail built at Ken Mitchell Park this year were built by Arrow J. Landscape & Design. Staff solicited formal bids and did receive three bids. Arrow J. Landscape & Design was the low bidder on this project. Staff evaluated the three proposals and recommends awarding the contract to Arrow J. Landscape & Design, the most responsive and responsible proposer to perform the required services for $150,000. Parks Manager Channell answered questions from Council regarding:
• The reason for the difference in cost of the proposals.
• A concern regarding a change order in the future.
• There being lights at the court.
• The number of light poles around the park.
• The lights being on a timer.
• Benches or seating being added to the court.
• The start and end dates for the project.
• There court not being lighted at night.
Motion by Councilmember Watts, seconded by Councilmember Humbert, to approve Resolution 2020-116. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Johnston, Councilmember Blackhurst, Councilmember Cushing, Councilmember Humbert, Councilmember Jordinelli, Councilmember Pollack, Councilmember Taddeo, and Councilmember Watts
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO EXTENDING THE TIMEFRAME FOR USE OF THE LODGING TAX GRANTS AND ALLOCATIONS FROM THE LODGING TAX FUND AWARDED IN 2020 TO THE RECIPIENTS DESIGNATED THROUGH RESOLUTION 2019-119; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT EXTENSIONS WITH THE RECIPIENTS LISTED IN RESOLUTION 2019-119 ON BEHALF OF THE CITY; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor Mills read the title of the Resolution into the record.
City Manager Bais DiSessa introduced Senior Financial Analyst Nicole Samson.
Senior Financial Analyst Nicole Samson explained that this Resolution would allow staff to extend the deadline for the use of the Lodging Tax funds awarded this year. This is a recommendation that the Lodging Tax Advisory Committee presented to Council at the October 27, 2020 Study Session. Four grants were awarded in 2020 with Lodging Tax funds: Brighton Economic Development Corporation for $200,000; Brighton Cultural Arts commission for $200,000; Office of Youth Services for $45,000; and Brighton Youth Commission for $15,000. Due to the pandemic and the resulting public health orders, many events this year were canceled, postponed or held virtually. As a result, each of the grantees was not able to use the funding as originally planned. Extending the timeline on the use of these funds another twelve months would allow the grantees more time to expend the unused funds.
Motion by Councilmember Humbert, seconded by Councilmember Taddeo, to approve Resolution 2020-117. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Johnston, Councilmember Blackhurst, Councilmember Cushing, Councilmember Humbert, Councilmember Jordinelli, Councilmember Pollack, Councilmember Taddeo, and Councilmember Watts
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING CERTAIN ACCOUNTS IN THE GENERAL FUND AND APPROPRIATING MONEY FOR EXPENDITURES IN THE AMOUNT OF $1,000,000 FOR CARES ACT FUNDED COVID-19 RESPONSE
Mayor Mills read the title of the Resolution into the record.
City Manager Bais DiSessa introduced Budget Manager Kayla Barber-Perrotta.
Budget Manager Kayla Barber-Perrotta presented the first amendment to the 2020 budget to provide for appropriation for the additional one million dollars in CARES funding from Adams County. The 2020 budget was adopted in December 2019 for 139 million dollars. This covered what was expected to be the overall general operations and capital projects for 2020. In March, the Finance team made recommendations to the City Manager for emergency savings measures. April 2020 was a period of revenue adjustment; the models were finalized to see the impact for 2020 and beyond for COVID 19. This information was presented to City Council and recommendations were made for longer-term savings measures. In May, the County extended their offer for the 3.2 million dollars in CARES funding for the City. Staff has since been implementing a number of public assistance programs for the residents and businesses in Brighton. The County reached out to have the City apply for additional CARES funding for 1.5 million and the City was awarded one million dollars. These funds are to be divided between residential rent and mortgage assistance, business rent and mortgage assistance and testing.
The information regarding how the CARES funding can be used has changed over time. CARES funding is federal funding and was passed through Congress. In April, there was vague direction from the federal government regarding how the funding could be used. Anything that was impacted by COVID could potentially be eligible. Since then, there have been eight iterations of CARES guidance. The federal government has since narrowed what the funding could be used for, the reporting requirements have increased and the thresholds that had to be met for the different programs to qualify. Staff has worked hard to ensure the programs comply so the funds do not have to be paid back.
The federal funding was passed through Adams County and through the IGA’s with the County, the City is executing Adams County’s award on their behalf. On top of the federal guidance, Adams County is able to place additional regulations and requirements. The City has also had to deal with changing state and county public health orders. These changed the types of supplies that the City needed to reopen facilities and has changed the type of assistance that there has been from members of the public. Staff is also taking direction from City Council regarding the spending of these funds. Since the CARES funding was received in May, Council has provided seven official actions regarding the use of the CARES funds. With any of the programs that were brought before Council, staff has tried to project what the need would be and the amount of funds needed to cover those needs. These projections have not always been right. The projection for the testing site was one hundred tests per day, but the average has been three hundred tests per day. The original projections for the household rent and mortgage assistance was $500,000, and this has now cost over $800,000.
City Council approved the IGA with Adams County on May 5, 2020 for 3.2 million dollars. Council provided direction that they wanted to see funds moving quickly through the assistance programs. On May 19, 2020, Council approved the small business assistance program and other programs presented by staff. Council directed staff on August 18, 2020 to make testing a priority. Council voted to finish the public assistance programs and to bring forward a proposal for testing. On September 1, 2020, Council voted to allocate $350,000 in CARES funding for the mobile testing site. Having direction from Council would no longer be enough to meet the documentation requirements for the CARES Act an official vote was needed. Staff brought forward a clean-up Resolution for the public assistance programs the City was operating. The Resolution also authorized the City Manager to adjust as necessary where the funds were allocated to ensure that they were all spent. On October 26, 2020, staff brought forward the application for Adams County to apply for an additional 1.5 million dollars in CARES funding. Council directed staff to submit the application for 1/3 household rent and mortgage assistance, 1/3 business assistance and 1/3 for medical testing along with the ability for staff to move funds between programs in order to ensure the fullest use of those funds. Adams County did approve one million dollars and at the November 10, 2020 meeting, Council approved the IGA with Adams County for the one million dollars. These funds were allocated with 1/3 to residential rent and mortgage assistance, 1/3 to business rent and mortgage assistance and 1/3 to COVID-19 testing. Almost the full 3.2 million dollars of funding has been spent. The funds were spent on programs for the public, costs incurred by the City for PPE and social distancing requirements, and Police and COVID leave.
Some emergency savings actions took place early on. These include savings from frozen vacant positions, workload re-alignment, a temporary personnel hiring freeze, canceled events, facility utilities, reduced recreation center programming and general operations for a total savings of $3,548,879. The City’s budget is adopted by fund, so as long as there is enough savings in the appropriation to cover a new expense, a budget amendment is not needed. There was a savings projected of 3.5 million dollars and the CARES funding allocation was 3.2 million was covered by the existing appropriation. Adding in the CARES funding of one million dollars, there is now 4.2 million dollars in CARES funding. The City does not have enough in projected savings to cover that amount. This recommendation is being brought to Council for the first amendment to the 2020 budget specifically for this CARES allocation of one million dollars. Staff is recommending to Council that the first amendment be approved to the 2020 budget to add an additional one million dollars in appropriation to the General Fund bringing the total appropriation to 43.8 million. The impact to the overall budget is neutral because it comes with its own revenue source. It is an additional one million dollars in expenditures, but it is covered by one million dollars in additional revenue. As per direction from Council, it is expected that this would be used 1/3 for residential rent and mortgage assistance, 1/3 for business rent and mortgage assistance and 1/3 for medical testing.
Budget Manager Barber-Perrotta, Parks and Recreation Director Travis Haines, Assistant City Manager Michael Martinez, City Manager Bais DiSessa, Deputy City Manager Marv Falconburg and Finance Director Maria Ostrom answered questions from Council regarding:
• Staff factoring in the closing of the Oasis Water Park.
• Operating the Oasis costing $500,000.
• The budgeted amount being under budget and was not accurate.
• Saving money if the Recreation Center was closed for a month.
• The Recreation Center operating at a loss.
• There being savings if the Recreation Center was closed for a month.
• This process is just recording what has taken place.
• This process not moving City funds, just having to record the funds.
• Clarifying that the 3.5 million dollars is not really a surplus.
• These funds being recorded as a surplus.
• Transfers between funds being a double entry.
• There being any funds for outdoor seating.
• Anything needing to be changed from the vote last week.
• The projections being off by a 3.5 million dollars surplus.
• These funds could have been used to open the Oasis.
• New employees being hired if there is a hiring freeze on vacant positions.
• The person authorizing the hiring freeze to be lifted.
• The reason City Council was not asked if certain positions could be filled.
• Protocols in place that Council has to be informed if someone is hired or fired.
• The 3.5 million dollars in savings was due to savings in several other places.
• The cost to operate the Oasis if it had opened.
• The amount of savings the City would have if the Oasis had opened.
• There being any savings if the Oasis had opened.
• There being an issue if the vote is not done to complete the re-budget tonight.
• Where the 3.5 million dollars would go.
• How the CARES funding correlates to the 3.5 million dollars in savings.
• The amount the City has received in CARES funding.
• The projection being 3.5 million dollars off.
• The 3.5 million dollars not being part of the budget amendment.
• The 3.5 million dollars not going to become a savings, the funds will come back in the mix and would have to be spent.
Motion by Councilmember Blackhurst, seconded by Councilmember Humbert, to approve Resolution 2020-118. Motion passed by the following vote:
Aye: 8 - Mayor Mills, Mayor Pro Tem Johnston, Councilmember Blackhurst, Councilmember Humbert, Councilmember Jordinelli, Councilmember Pollack, Councilmember Taddeo, and Councilmember Watts
Absent: 1 - Councilmember Cushing
Mayor Mills called for a break at 9:04 p.m.
Mayor Mills reconvened the meeting at 9:12 p.m.
10. UTILITIES BUSINESS ITEMS
11. GENERAL BUSINESS
A. Discussion of FPPA (Fire and Police Pension Association) Legislation and Retiree Health Savings Amendment Request for Sworn Officer
City Manager Bais DiSessa introduced Assistant City Manager Karen Borkowski Surine and Finance Director Maria Ostrom.
Finance Director Maria Ostrom updated Council on legislative mandates related to the Fire and Police Pension Association and the contributions that the City must make and have done prior to the end of the year. There are four changes that need to be made to The Rule of 80, the Reentry Officers hired before 2005, New Officers hired after 2005 and the Death and Disability Plan.
The Rule of 80 means that the definition of a normal retirement has been expanded. The FPPA is a defined benefit pension where someone works a number of years and a certain benefit is earned for the rest of his or her life. The Rule of 80 is changing the definition of normal retirement. The legislature has mandated that the City must increase their contributions to cover this change. The change for the Reentry Officers hired prior to 2005. Current officers are contributing 13% overall and the City is contributing 10% which is higher than the state mandate. In 2025, the City will be contributing .5% more each year. The increase contributions between 2025 and 2028 will help to shore up the pension plan since it is underfunded. The employees voted in 2014 to contribute more to the plan and the legislative mandate requires the employer to contribute more. The additional 1% in 2029 and 2030 is how the Rule of 80 will be paid for. The New Officers hired after 2005 are currently putting in 11% and the City is required to contribute 8%. The City is currently putting in more than that; contributions are 8% to the defined benefit pension plan and 1% to their 457 deferred comp plan. Next year the City has to add an additional .5% each year towards their defined benefit pension plan. The 1% decreases to .5% in 2021 and decreases to zero in order to get to the next level in 2022. The Death and Disability Plan is another plan through FPPA that is underfunded. The legislature has taken some action to ensure this plan is solid moving forward. They have mandated a contribution increase of .2%. At this time, the City is picking 100% of that cost. Staff is proposing for next year that the additional .2% would come from the employees. The City would cover 2.8% and the employee would cover the .2% to get to the total 3%. The legislature gave the FPPA the authority to increase that percentage in future years as needed to keep the plan funded. Director Ostrom answered questions from Council regarding:
• The City being able to handle this in the budget.
B. Review of COVID Statistics
Assistant City Manager Michael Martinez explained the changes in the state dial changes; a new color has been added. Adams County is now in level red, the second worst level. More information will be available later this week.
Emergency Management Coordinator Stephanie Hackett updated City Council on the COVID statistics in the City of Brighton, Adams County and the State of Colorado.
Assistant City Manager Martinez updated City Council on testing kiosks, other testing options available and how to use CARES funding for these tests. Staff is doing everything possible to help struggling businesses in the City.
A. By the Mayor
Mayor Mills attended a meeting with the Governor and they were asked to promote the COVID app. Mayor Mills asked everyone to set a better example with more employees working from home. There will not be a meeting next week
B. By Department Heads
C. By the City Attorney
City Attorney Jack Bajorek announced that there will be an Executive Session on December 1, 2020 regarding a personnel matter.
City Attorney Bajorek reminded Council that texting each other during meetings and discussions regarding texts during a meeting is prohibited in the Council Rules of Procedure and in the Mobile Devices Policy. A phone call is only allowed during the meeting if there is an emergency and a Councilmember must let the Mayor know that there is an emergency and there is a need to take the call. That exception does not apply during a quasi-judicial hearing.
D. By the City Manager
City Manager Bais DiSessa met with the governor this week. Staff is promoting the COVID app and information is being placed on social media. The City is in line with what other cities are doing related to COVID. The budget is an important document and this issue will be brought back in the future for discussion. It is important that Council trusts what the City Manager is doing and that the information given to Council is correct.
City Manager Bais DiSessa introduced the new Director of Economic Development Patrick Giron.
13. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Watts announced that the NLC Conference will take place tomorrow and the virtual Turkey Trot takes place November 21, 2020.
Councilmember Taddeo attended the Historic Preservation Commission meeting.
Councilmember Pollack attended the Parks and Recreation Advisory Board meeting and announced that the Wreaths Across America program is accepting donations and will take place in December.
Councilmember Jordinelli attended the Cultural Arts Committee meeting and the Link meeting.
Councilmember Humbert announced that the wreaths for Wreaths Across America is $15.00 and attended the Brighton Housing Authority meeting and the Historic Preservation Commission meeting.
Councilmember Blackhurst attended the Legacy Foundation meeting.
14. EXECUTIVE SESSION
15. ADJOURNMENT
Mayor Mills adjourned the meeting at 10:28 p.m.
CITY OF BRIGHTON, COLORADO
_____________________________
Gregory Mills, Mayor
ATTEST:
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Natalie Hoel, City Clerk
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Approval Date