City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, November 19, 2024
6:00 PM
Council Chambers
City Council
MAYOR - GREGORY MILLS
MAYOR PRO TEM - PETER PADILLA
COUNCIL MEMBERS:
CHRIS FIEDLER, TOM GREEN,
MATT JOHNSTON, JAN PAWLOWSKI,
JIM SNYDER, ANN TADDEO, LLOYD WORTH
1. CALL TO ORDER
Mayor Mills called the meeting to order at 6:00 p.m.
A. Pledge of Allegiance to the American Flag
Councilmember Johnston led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
2. CONSENT AGENDA
A. Approval of the October 15, 2024 City Council Minutes
Motion by Councilmember Pawlowski, seconded by Councilmember Worth, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
3. APPROVAL OF REGULAR AGENDA
Motion by Councilmember Pawlowski, seconded by Councilmember Fiedler, to approve the Regular Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
4. CEREMONIES
A. Recognize Ryan Smith for receiving the Parks and Recreation Association Parks Section Professional of the Year Award for Colorado
Parks and Recreation Director Travis Haines recognized Ryan Smith for receiving the Parks and Recreation Association Parks Section Professional of the Year award for Colorado.
B. Small Business Saturday Proclamation
Mayor Mills read the Proclamation into the record.
C. Colorado Crash Responder Safety Week Proclamation
Councilmember Pawlowski read the Proclamation into the record.
D. GIS Day Proclamation
Mayor Pro Tem Padilla read the Proclamation into the record.
E. Recognize the Brighton Civic Academy Graduates
Director of Communications and Engagement Kristen Chernosky introduced the Civic Academy graduates.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to three minutes)
Shirly Vigil Jacobson lives across the street from Prairie View High School and is concerned with the new apartments being built in the area because of the increased traffic. A pedestrian bridge needs to be built for the students to get to school safely.
Paul Greaves thanked City Council for approving the Ordinance allowing the sale of marijuana in the city and thanked Deputy City Clerk Erin Kelm and the Building Department for their help during the application process.
Mike Boutwell expressed concern regarding traffic issues in the city.
6. PUBLIC HEARINGS
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING AN AMENDMENT TO CERTAIN ARTICLES OF THE LAND USE AND DEVELOPMENT CODE RELATING TO PUBLIC LAND AND MISSING MIDDLE HOUSING
Mayor Mills read the title of the Ordinance into the record.
Mayor Mills opened the public hearing at 6:44 p.m. and City Clerk Natalie Hoel verified the required postings and publications (October 18, 2024, on the City of Brighton website) for this public hearing were completed.
Mayor Mills asked City Council if there are any conflicts of interest or any ex parte communications that need to be disclosed, there were none.
Senior Planner Summer McCann presented the Amendment to the Land Use & Development Code (LUDC). Article 4 of the code defines zone districts and uses, staff is proposing revisions to the Public Lands (PL) and Open Space (O) districts. The revisions include setback and design standards that align with the existing building types and other non-residential zone districts. Under Article 4, staff is proposing additional uses that already exist in the city such as marijuana store and water and/or wastewater treatment plant. Language is proposed that will clarify the allowance of a clubhouse leasing an office as an accessory use for residential development. The code currently allows the use for clubhouses and leasing offices, but the location in Article 4 is more appropriate. During a planning meeting for the Recreation Center expansion, it was determined that under the public land zoning, a recreation center was not an allowed use. It was also found that the proposed expansion could not meet the 50’ setback required by the zone district. Planner McCann presented the proposed changes in the Use Table.
The intent of the Public Land and O district is to allow for uses that offer a public service or benefit. Some additional uses being proposed are Assembly, which is a civic or institutional use designed to serve the community including worship, civic, recreation or entertainment and accessory uses associated with organized activities. Staff is proposing the expansion of uses within the PL district, and the expansion of Office uses in the PL district. The current code caps office at 10,000 sq. ft. There are several other uses being added to align with the intent of the PL and O districts. Staff is proposing to remove some uses that do not serve a public benefit, these uses are primarily auto oriented or industrial uses.
Article 5 pertains to residential design standards. Staff has held several pre-application conferences where the property owner is interested in developing medium-density products such as duplexes and multi-unit houses. The current code requires that multi-unit houses be built with a single entrance. Staff is proposing a revised building description for a duplex/multi-unit house, which will allow for a more flexible building orientation to encourage infill development on existing lots. Staff is also proposing to clarify some definitions in Article 11, specifically those under the public civic use category. Definitions have also been added for those uses added to Article 4.
In making its decision, City Council shall use the review criteria in Section 2.10 B of the Land Use & Development Code. The amendments support the LUDC by facilitating the expansion of civic uses that contribute to the physical, social, and economic well-being of Brighton residents. The amendments also allow for property owners the opportunity to increase housing diversity and affordability through building design.
The Comprehensive Plan recognizes the importance of the LUDC and implementing the goals and policies of the plan. The amendments will allow for the expansion of the Brighton Recreation Center to increase their support and services to the community. Within the city, there are various other public services that are not currently permitted, and these code amendments will allow for the existing public civic uses and remove barriers to expansion through revised development standards. As public services are essential to a well-rounded community, staff is proposing revisions that will allow for additional services to Brighton residents. The amendments also meet policies and encourage reinvestment into existing neighborhoods, diverse housing types, and infill development. The proposed amendments will add flexibility to building orientation and encourage reinvestment into infill lots and areas already zoned for multi-unit housing.
Staff is proposing the removal of several auto oriented and industrial uses that do not provide a public civic benefit. Under the code, there are conflicts with the setback regulations being provided by both the zone district and the building type. In alignment with other zone districts, the amendments will allow development standards in the PL district to default to the building type. Revised language in the PL and O districts will align development, designs and requirements with existing buildings and clarify standards for future development.
All public notice was completed in accordance with the Land Use & Development Code and notice was posted on various social media sites. Planning staff has not received any formal comment. The Development Review Committee reviewed the proposal and recommended approval. The Planning Commission heard the request on October 24, 2024, and recommends approval. Staff finds the code amendments are in general compliance with the requirements as outlined in the Land Use & Development Code and recommends approval.
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 any correspondence had been received, there was none.
Mayor Mills asked if there were questions from City Council.
Councilmember Green asked why the city would want to permit office, large, general or campus uses on public lands. Planner McCann explained that the offices at City Hall are zoned public land. Councilmember Green wanted clarification that this would not be for private use, but for public use only and Planner McCann stated that is correct, the office use would have to provide a public civic benefit.
Mayor Mills asked if the expansion at the Recreation Center would take place if this amendment does not pass. Planner McCann explained that the Recreation Center would fall under Assembly, and they could apply for a variance. Assembly should be allowed in a PL district, it meets the intent, these are places for public gathering, so it makes sense to allow this use. The development standards are also being modified for the setback regulations. Mayor Mills asked if the city was using a different code when the Recreation Center was built and Planner McCann explained that it was under the previous code, which had a Recreation Center use. Mayor Mills asked when the code was updated, and Planner McCann explained that it was updated in 2020.
Mayor Mills closed the public hearing at 6:56 p.m.
Motion by Mayor Pro Tem Padilla, seconded by Councilmember Green, to approve the Ordinance. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
7. ORDINANCES FOR INITIAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE RIGHT-OF-WAY VACATION FOR AN APPROXIMATELY 0.012 ACRE PORTION OF RIGHT-OF-WAY GENERALLY LOCATED NORTH OF WEST BROMLEY LANE, SOUTH OF WEST JESSUP STREET, WITHIN SOUTH MAIN STREET RIGHT-OF-WAY, MORE PARTICULARLY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO
Mayor Mills read the title of the Ordinance into the record.
Associate Planner Amanda Diaz presented the South Main Redevelopment Right-of-Way Vacation. The applicant representative is Jeremy Weber working on behalf of the Brighton Urban Renewal Authority and the owner is the City of Brighton. The property was annexed in 1950. Prior to 2001, South Main Street then known as State Highway 85B was under the ownership of the Colorado Department of Transportation (CDOT). In 2001 CDOT approved a Resolution abandoning State Highway 85B within the city limits of Brighton. Due to the proximity of South Main Street and the Bromley Lane intersection to US 85, it was determined that South Main Street should be realigned to improve vehicular and pedestrian safety at the intersection. In addition to safety, the rationale behind the realignment was to allow economic development to take place in the area. This vacation needs to be approved before the final plat that is under review can move forward.
When making its decision City Council shall use the criteria in Section 2.13 B of the land Use & Development Code. The city’s adopted Transportation Master Plan has not identified the subject area for any planned thoroughfare. The vacation of this right-of-way does not impact the goals and policies of the Comprehensive Plan and Transportation Master Plan. The property is no longer necessary to serve adjacent properties. The property is not preferrable to staff in relation to the standards of city Code. If vacated, any new access points will meet the standards of the codes in effect at the time of development. Staff has reviewed the application and finds that there is sufficient land for new access to adjacent sites and has determined that the pending final plat application provides ample land for existing and future utilities and services and new easements. There are no adverse impacts on neighboring properties in the area. Vacating the property will not prevent access to South Main Street and the adjacent privately owned parcels. The proposal has not been found to conflict with Colorado Statutes, the Colorado Constitution, or the Brighton City Charter.
Notification of the agenda item was published on the city’s website and various social media sites on November 4, 2024. Mailing notification was sent to the prospective right-of-way property owner and mailings were sent to all property owners within 300’ of the subject right-of-way. A notice was posted on the property on November 4, 2024. All posting was completed in accordance with the Land Use & Development Code. The Development Review Committee reviewed the project and recommended approval. Staff finds that the proposal meets the review criteria in the Land Use & Development Code. Staff recommends approval of the South Main Redevelopment Right-of-Way Vacation.
Motion by Councilmember Green, seconded by Councilmember Taddeo, to approve the Ordinance. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
8. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE BROMLEY PARK PLANNED UNIT DEVELOPMENT 33RD AMENDMENT FOR AN APPROXIMATELY 20.719 ACRE PROPERTY, GENERALLY LOCATED TO THE NORTH OF EAST BRIDGE STREET, WEST OF MT. BIERSTADT STREET, EAST OF WOOTEN AVENUE AND SOUTH OF THE INTERSECTION OF SINGLETREE LANE AND BOWIE DRIVE, SITUATED WITHIN THE BRIGHTON CROSSINGS DEVELOPMENT, MORE PARTICULARLY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO
Mayor Mills read the title of the Ordinance into the record.
Motion by Mayor Pro Tem Padilla, seconded by Councilmember Pawlowski, to approve
Ordinance 2459. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE RAVENFIELD ZONING MAP AMENDMENT FROM C-O AND PUD TO R-3 FOR AN APPROXIMATELY 6.14 ACRE PROPERTY, GENERALLY LOCATED TO THE NORTH OF PURCELL STREET, SOUTH OF THE FIRST PRESBYTERIAN CHURCH, EAST OF SOUTH 27TH AVENUE, AND WEST OF THE BRIGHTON LATERAL DITCH, MORE PARTICULARLY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO
Mayor Mills read the title of the Ordinance into the record.
Motion by Councilmember Green, seconded by Councilmember Worth, to approve Ordinance 2460. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE FOURTH AMENDMENT TO THE COMPREHENSIVE FUNDING PLAN, MASTER DEVELOPMENT AGREEMENT, PRE-ANNEXATION AGREEMENT, AND INTERGOVERNMENTAL AGREEMENT FOR PRAIRIE CENTER, BRIGHTON, COLORADO AND AUTHORIZING THE MAYOR TO EXECUTE THE FOURTH AMENDMENT ON BEHALF OF THE CITY
Mayor Mills read the title of the Ordinance into the record.
Motion by Mayor Pro Tem Padilla, seconded by Councilmember Pawlowski, to approve Ordinance 2461. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
9. RESOLUTIONS
10. UTILITIES BUSINESS ITEMS
Resolutions
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE PROPOSAL OF AMERICAN WEST CONSTRUCTION, LLC AND APPROVING THE PROCUREMENT OF THE CORE CITY PIPELINE REPLACEMENT PHASE III PROJECT FOR THE CONTRACT AMOUNT OF THREE MILLION ONE HUNDRED EIGHTY-SIX THOUSAND NINE HUNDRED THIRTY-FIVE DOLLARS ($3,186,935), AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY
Mayor Mills read the title of the Resolution into the record.
Utilities Director Scott Olsen presented the Core City Pipeline Replacement Phase III Project. This project will replace approximately 4,000 linear feet of aging, dilapidated and undersized water lines, reconnecting seventy-seven existing water service lines, replacing and relocating fire hydrants. Staff is utilizing an EPA grant in the amount of $959,752 secured by US Representative Yadira Caraveo through Congressionally designated funding. Six bids were received, and three bids were deemed responsive. Staff recommends accepting the bid from American West Construction LLC for $3,186,935 as the lowest, most responsive and responsible bid.
Motion by Councilmember Fiedler, seconded by Councilmember Taddeo, to approve Resolution 2024-92. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
11. GENERAL BUSINESS
12. REPORTS
A. By the Mayor
Mayor Mills attended the DRCOG meeting, the Brighton Economic Development Corporation meeting, the National League of Cities conference, the Youth Image summit, and the Youth Commission National Philanthropic award ceremony. There is no Study Session next week.
B. By Department Directors
Chief of Police Matt Domenico presented the new Police Department recruitment video.
C. By the City Attorney
D. By the City Manager
City Manager Michael Martinez reported that construction has begun on Venture Park and Big Lots is not closing. City Manager Martinez will be out of the office through next week, Deputy City Manager Marv Falconburg will be acting City Manager.
E. By City Council
Councilmember Worth attended the Youth Image summit, the Parks & Recreation Advisory Board meeting, the Youth Commission National Philanthropic award ceremony, the Civic Academy roundtable, the National Leage of Cities conference, and the Legacy Foundation meeting.
Councilmember Pawlowski attended the Parks & Recreation Advisory Board meeting, the Chamber luncheon, and the E-470 meeting.
Councilmember Green attended the Chamber luncheon and the Airport Coordinating Committee meeting.
Councilmember Taddeo attended the Legacy Foundation meeting and the Civic Academy roundtable.
Mayor Pro Tem Padilla attended the Chamber luncheon, the Housing Authority meeting and judged the Name that Snowplow contest.
Councilmember Fiedler attended the Almost Home Chili Cookoff.
Councilmember Snyder attended a Colorado Municipal League class.
13. EXECUTIVE SESSION
14. ADJOURNMENT
Mayor Mills adjourned the meeting at 7:42 p.m.
CITY OF BRIGHTON, COLORADO
_____________________________
Gregory Mills, Mayor
ATTEST:
______________________________
Natalie Hoel, City Clerk
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Approval Date