City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, September 4, 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 Wallin led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Not Present: 1 - Councilmember Baca
2. APPROVAL OF REGULAR AGENDA
Councilmember Johnston asked that the Regular Agenda be amended to add Item 11A for discussion of a forum regarding the drug treatment facility.
Motion by Councilmember Humbert, seconded by Councilmember Pollack, to approve the Regular Agenda as amended. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
3. CONSENT AGENDA
A. Approval of the August 7, 2018 City Council Minutes
Motion by Councilmember Blackhurst, seconded by Councilmember Humbert, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
4. CEREMONIES
A. Swearing in of City Attorney Jack D. Bajorek
City Clerk Natalie Hoel swore in City Attorney Jack D. Bajorek.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
Mike Boutwell, Brighton. Mr. Boutwell reported that the alley behind his home was recently paved and there is already signs of wear. Mr. Boutwell feels there is a need for speed limit signs in the alleys. Mr. Boutwell expressed his concern regarding the Water Billing Department and the amount he pays for water.
6. PUBLIC HEARINGS
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING THE DESIGNATION OF THE ADCO CO-OP STORE AS A LOCAL HISTORIC LANDMARK; SETTING FORTH CERTAIN FINDINGS IN SUPPORT OF SAID DESIGNATION; AUTHORIZING THE INCLUSION OF THE PROPERTY IN THE BRIGHTON REGISTER OF LOCALLY AND DESIGNATED HISTORIC LANDMARKS AND DISTRICTS; INSTRUCTING THE CITY MANAGER OR HIS DESIGNEE TO NOTIFY THE OWNER OF THE PROPERTY OF ITS OBLIGATIONS AND RESTRICTIONS ASSOCIATED WITH THE DESIGNATION; AND SETTING FORTH OTHER DETAILS RELATED THERETO (FIRST READING)
Mayor Kreutzer read the title of the Ordinance into the record.
Mayor Kreutzer opened the public hearing at 7:10 p.m. and City Clerk Natalie Hoel verified the required postings and publications (August 15, 2018 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Philip Rodriguez introduced Long Range Planner Aja Tibbs.
Long Range Planner Aja Tibbs presented the Adams County Co-Op Store Historic Preservation Designation request. The applicant and owner of the property is C2 Studio LLC, Carolyn Corogin is representing the applicant. The property is located at 301 South Main Street on the SW corner of Main Street and Skeel Street. This property is located in lots 1-4, block 2 of the Brighton Subdivision. This is the very first subdivision ever platted in the City of Brighton. The request is to review the nomination application for a historic designation and make a determination at first reading.
The property history begins at the end of WWI. During the war, there was a nationwide demand for produce and agricultural crops. At the end of the war, that shifted and there was not near the demand. The cost of produce and agricultural products was halved if not less. Farmers were struggling across the nation and in Colorado. In order to help that situation, the 1923 Cooperative Marketing Act was passed. This was made for farmers and miners in an effort to reduce costs being observed for markups. The idea of a cooperative was so local business could create local groups for local consumers, therefore saving the extra money of transporting goods to other places. The cost of oil was also affecting the cost of agricultural products in the area. Adams County formed the Adams County Consumer Cooperative in April 1935. They located in Brighton and began meeting in the Green Fargo Oil Company garage on North Main Street. The Board gave money in 1939 to construct the garage on the northwest corner of Main Street and Skeel Street. The Co-op sold oil, food, appliances, feed and other goods the farmers could produce in Brighton. By 1946, the Co-op expanded, built an addition to the garage and built the store, which the building is being proposed for designation. They expanded to several other stores throughout Adams County. In 1980, this store was sold to the Salvation Army and was used for that purpose until 1990 when the store was sold to Robb’s Grocery.
The building is built in blonde brick with a single course of red brick along the top of the building. There is a barrel vault roof on the building, a common commercial detail at the time. There were originally double windows on both sides. The north elevation has red brick detailing on the windows and buttresses. There are four buttresses on the side of the building. The windows along the side lead to the 2nd floor. The west elevation has three original windows, a very interesting feature and a garage door. The ground shows a foundation of a silo that was originally used. The south elevation is very similar to the north elevation with a mix of new and original windows.
Notice for the public hearing includes a sign that was posted at the site, no public comment has been received. The Historic Preservation Commission considered this designation at a public hearing on August 9, 2018. There was no public comment for or against the designation and determined that a unanimous recommendation be made to City Council.
As application criteria, all nominations for designation applications are reviewed for compliance with section 17-52-40 of the Brighton Municipal Code. Staff found that there are three different categories for significance. Staff and the Commission found significance in two of the three. The first is Social and Historic category with its relationship to the Adams County Co-Op, which was a considerable influence in economic development for the City of Brighton for several years. The second is Geographic and Environmental category being its location in the original Brighton Subdivision. This tells a very important story to the City’s original subdivision originally platted as residential structures. Two homes were razed for the construction of this store. This tells the important story of how the Brighton Subdivision transitioned to a commercial business area as Brighton continued to grow. No significance was found in the Architectural category because a lot of the integrity of the original storefront has been lost. Staff finds that the building meets the criteria set forth in section 17-52-30 of the Brighton Municipal Code. Priority was established on the items that need to be preserved moving forward with changes to the property. These are the external historic materials and details, the remaining original windows and doors and the roof form.
Mayor Kreutzer asked if the applicant would like to add anything to the presentation, she did not.
Mayor Kreutzer asked if anyone in the audience had questions for the applicant, there was none.
Mayor Kreutzer asked if anyone in the audience wished to speak on behalf of the request, there was none.
Mayor Kreutzer asked if anyone in the audience wished to speak against the request, there was none.
Mayor Kreutzer asked if any correspondence had been received, there was none.
Mayor Kreutzer asked if there were questions from City Council.
Mayor Pro Tem Edwards asked if this building would qualify for state or federal designation. Planner Tibbs explained that because the City has CLG status, any local designation in the City qualifies the owner for financial benefits at the state. Federal designation is a different level.
Mayor Kreutzer closed the public hearing at 7:22 p.m.
Motion by Councilmember Humbert, seconded by Councilmember Mills, to approve the Ordinance approving the designation of the ADCO CO-OP store as a local historic landmark; setting forth certain findings in support of said designation; authorizing the inclusion of the property in the Brighton Register of Locally and Designated Historic Landmarks and Districts; instructing the City Manager or his designee to notify the owner of the property of its obligations and restrictions associated with the designation; and setting forth other details related thereto. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING A CONDITIONAL USE FOR THE FIRST PRESBYTERIAN CHURCH CELL TOWER, A COMMERCIAL MOBILE RADIO SERVICE FACILITY, GENERALLY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BRIGHTON, COLORADO, AND SETTING FORTH DETAILS IN RELATION THERETO
Mayor Kreutzer read the title of the Resolution into the record.
Mayor Kreutzer opened the public hearing at 7:24 p.m. and City Clerk Natalie Hoel verified the required postings and publications (August 15, 2018 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Rodriguez introduced Senior Planner Josh Tetzlaff.
Senior Planner Josh Tetzlaff presented the application for a conditional use for a cell tower on a thirteen-acre parcel on the southeast corner of Southern Street and 27th Avenue. The applicant is Crown Castle, a company that constructs cellular equipment to lease to providers. The applicant is requesting a use that is allowed conditionally, which means the use may or may not be compatible with the property. City Council is tasked with deciding if this land use works on the property.
The proposed property was annexed into the City in 1980 as part of the Leeper-Erger property annexation and zoned as part of the First Presbyterian Church PUD. The property is owned by the First Presbyterian Church of Brighton and is being used as a religious institution. The surrounding land use is generally single-family residential along with another religious institution to the northwest and a medical office building to the south. The proposed cell tower will be located on private property with the lease being between the First Presbyterian Church and the applicant. In terms of the tower design, the tower has been designed to look like a pine tree. The pine tree design for the cell towers has been greatly improved in the last few years. They are denser than previous designs and appear more tree-like. The site is currently occupied by a tower that the applicant also owns and existing cedar fencing on the site to screen ground equipment. This fencing will be expanded to enclose any new ground equipment for the proposed tower.
This application generally meets the five criteria set forth in section 17-8-60 of the Brighton Municipal Code. This tower is being placed on a lot that has existing mature trees allowing the tower to blend in, creating less of a visual impact on the surrounding neighborhood. The Comprehensive Plan has identified this area as low density residential, which includes support uses such as schools, religious institutions and support infrastructure, which includes cell towers. The tower will help the surrounding neighborhood to have better cellular reception, which is becoming more important as people rely more and more on cellular devices for their daily lives. The second tower is needed because the design of the existing tower makes colocation difficult for the type of equipment being used. The new tower will be tall enough and designed in a way to allow colocation for additional carriers in the future.
Notice of the conditional use application was sent to all property owners within 300’ of the project as required by Code. A sign was placed on the property and notice was published in the Brighton Standard Blade on August 15, 2018. Notice was also posted on the City website. No formal comments have been submitted to staff. Due to meeting the review criteria, staff recommends approval of the conditional use permit.
Mayor Kreutzer asked if the applicant would like to add anything to the presentation.
Scott September, Chandler, Arizona, with Crown Castle. Crown Castle is the largest provider of shared communication infrastructure in the country, owning 40,000 cell towers, approximately 50,000 small cell sites and 60,000 miles of fiber optics nationwide. This equipment is leased out or shared with business partners and customers. Mr. September introduced Heath Reed, Project Manager, Rick Stannard, Real Estate Manager with Crown Castle, and Verizon representatives Kevin Braun, Senior RF Engineer and Becky Siskowski.
Christian Mueller, Wyco Field Services, Denver, Colorado. Mr. Mueller presented a supplemental narrative explaining the zoning, the FCC compliance and a letter from Verizon stating their levels will be below the FCC limits. There are also maps showing the current coverage and the proposed coverage for Verizon in the City of Brighton.
Mayor Kreutzer asked if anyone in the audience had questions for the applicant, there was none.
Mayor Kreutzer asked if anyone in the audience wished to speak on behalf of the request.
Joe Henderson, Westminster, Colorado. Mr. Henderson spoke on behalf of the church. The church negotiated this project to grant an easement to Crown Castle for the cell towers. The church is in favor of this project.
Mayor Kreutzer asked if anyone in the audience wished to speak against the request, there was none.
Mayor Kreutzer asked if any correspondence had been received, there was none.
Mayor Kreutzer asked if there were questions from City Council.
Mayor Pro Tem Edwards asked if Planner Tetzlaff had reviewed the information that was presented to Council from the applicant. Planner Tetzlaff explained that he briefly reviewed the information, it generally follows the same lines as the staff report regarding the following of the review criteria. Mayor Pro Tem Edwards asked if Planner Tetzlaff would approve everything that is in the narrative, Planner Tetzlaff explained that he would, to the best of his abilities. Mayor Pro Tem Edwards asked if there would be one tower put up. Mr. Mueller agreed that there would be one tower at this time. Mayor Pro Tem Edwards asked if the new tower would be taller than the existing tower. Mr. Mueller explained that the tower would not be taller than the existing tower the branches will reach higher. Mayor Pro Tem Edwards asked how many users could request to place their equipment on this tower. Mr. Mueller explained that the tower could hold one or two additional users.
Councilmember Humbert asked if the existing tower will remain and Mr. Mueller stated that both towers would remain. Councilmember Humbert asked why both towers would remain. Mr. September explained that the existing tower has a customer on it and there is a contractual obligation between the church, Crown Castle and the tenant to stay there. There may be a time when that customer needs a larger tower, but at this time, the existing tower will remain.
Councilmember Mills asked if there is currently a cell device on top of the church. Mr. Henderson explained that there is only a cross on top of the church.
Councilmember Blackhurst asked if Crown Castle is in the business of owning and leasing towers, not the cellular business. Mr. September agreed and stated that Crown Castle owns the infrastructure, invests the capital to build the equipment and share the infrastructure with other carriers promoting colocation. Councilmember Blackhurst asked if Crown Castle is a user. Mr. September explained that Crown Castle is an FCC licensed holder and has frequencies nationwide. These are not commercially sold or available.
Councilmember Johnston asked if he could share the map showing the improved service to citizens with Verizon if the tower is approved. Mr. September stated that this information could be shared. Councilmember Johnston asked if there have been any issues with the tree design and wildlife landing on the tree. Mr. September stated that many of the towers are host to different birds and nests. Work is sometimes delayed on these towers when waiting for babies to leave their nests. These are used more in areas will a lot of open space and not many trees. Councilmember Johnston asked if there have been any studies related to health problems with the birds living in the area of these towers. Mr. September is not aware of any studies. Typically, the RF emissions from cell towers are non-ionizing radiation and are not prone to causing cellular mutation at the levels that someone would experience near them.
Mayor Kreutzer closed the public hearing at 7:44 p.m.
Motion by Councilmember Humbert, seconded by Mayor Pro Tem Edwards, to approve Resolution 2018-98 approving a conditional use for the First Presbyterian Church Cell Tower, a Commercial Mobile Radio Service Facility, generally located in the southwest quarter of Section 9, township 1 south, range 66 west of the sixth principal meridian, Brighton, Colorado, and setting forth details in relation thereto. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
7. CONSOLIDATED ITEMS FOR SEQUENTIAL REVIEW
Mayor Kreutzer read the title of Items 7A and 7B into the record.
Mayor Kreutzer opened the public hearing at 7:47 p.m. and City Clerk Natalie Hoel verified the required postings and publications (July 25, 2018 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Rodriguez introduced Senior Planner Lauren Simmons.
Senior Planner Lauren Simmons presented the Ridgeline Vista Overall Development Plan and the Ridgeline Vista Planned Unit Development. The property owner is Galaxy Land Company and the applicant is Eric Eckberg with Coronado West, LLC. City Council reviewed the Neff II Annexation on August 21, 2018; this is the southernmost area of this property. This action is for the first reading of the rezoning. The second reading of the rezoning and the second reading of the annexation is scheduled for September 18, 2018. The project is located off Baseline Road northwest of I-76, east of the 60th Avenue alignment. Public notice was sent to all property owners within 300’ on July 25, 2018. A sign was posted on the property and a notice was published in the Brighton Standard Blade on July 25, 2018.
The Ridgeline Vista PUD is directly adjacent to the Brighton East Farms Filing Subdivision and directly adjacent to the Town of Lochbuie to the north and east. There are two parcels in the project, the northernmost parcel consisting of sixty acres zoned in 1987 as the Neff PUD. Parcel 2 is currently undergoing the annexation process and is zoned A-3 (Adams County Agricultural).
The Comprehensive Plan encourages a mixture of residential uses that are compatible with the adjacent residential density and the adjacent mixed-use commercial in the Town of Lochbuie. The Comprehensive Plan has several principles that this PUD addresses. Principle 1: Managing Growth, 1.1 New growth should favor existing areas with infrastructure and planning. Principle 2: Free-Standing City, 2.1 Brighton will continue to develop in a self-sufficient and sustainable manner. With this property being located next to existing residential and off a major corridor in the City and access to I-76, it is an appropriate balance between residential and access to non-residential uses. Principle 6: Distinctive Neighborhoods. 6.1 This PUD creates and maintains inviting, safe, walkable streets. 6.2 Residential streets with enhanced architecture. 6.3 Creates usable, accessible and inviting green spaces in neighborhoods. 6.5 Encourages projects that enhance the diversity of housing types and costs.
The Overall Development Plan (ODP) is a concept plan that shows three planning areas for the project with trail connections and park locations. The ODP has three criteria in the Land Use and Development Code. The first is that the ODP is consistent with the Comprehensive Plan and other adopted plans of the City. The ODP complies with all applicable zoning district development and subdivision regulations. Since the ODP is consistent with the Ridgeline Vista PUD, they were reviewed by staff concurrently. The ODP complies with the Residential Design Standards. This ODP not only complies with, but also enhances the existing Residential Design Standards to address a mixture of residential uses.
In the PUD, there are three planning areas. Planning area one, located in the northwest portion of the property is shown for residential, medium-high density. These will be single-family attached units with a gross density of approximately nine to eleven dwelling units per acre. The second planning area located in the northeast portion of the property is for residential medium density. These will consist of approximately six to eight dwelling units per acre, will consist of duplexes, and paired homes. The third planning area is the southernmost portion of the property is shown as residential medium-low. These will consist of single-family detached units with approximately four to six dwelling units per acre. This area is directly adjacent to two areas with existing single-family detached lots platted for a residential subdivision. The planning areas are all connected with eight-foot wide internal trails and an eight-foot trail along north 60th Avenue. There are ten-foot wide trails planned along Baseline Road to connect with existing trails. There is a variety of passive and active recreational activities planned throughout the subdivision. In addition, there are six-foot wide detached sidewalks planned throughout the subdivision. There are four different housing types proposed for this PUD, single-family detached, single-family attached, paired homes and duplexes. There are planned buffers, landscaping and a central park proposed in the project. As part of a cohesive design, the applicant is proposing a number of fencing types to not only designate areas within the PUD and separate various uses, but is also proposing an entry monument at the gateway location off Baseline Road. The monument will not only announce the arrival to the Ridgeline Vista PUD but also to the City of Brighton.
The review criteria that City Council must consider for the PUD in Section 17-16-110 (d.4) are:
• The PUD adequately addresses the proposed mixture of housing types with design standards and setback requirements and various lot sizes.
• The PUD complies with the Comprehensive Plan and all applicable zoning standards, subdivision regulations and Residential Design Standards.
• The PUD Complies with the PUD Zone District use and development standards.
• The PUD has roadway connections, sidewalks and trails throughout the project to internal parks and Brighton East Farms, Filing 3.
• The proposed design standards for the mixture of residential uses.
• The plan does not modify any of the public safety, transportation, educational or utility facilities.
• The proposed phasing that is rational and based on three planning areas.
• The project would not be possible through a typical “straight zoning district.”
Mayor Kreutzer asked if the applicant would like to add anything to the presentation.
Eric Eckberg, Coronado West, Denver, Colorado. Mr. Eckberg introduced Karen Henry, Henry Design Group, Travis Frasier, Engineer with Redland, and Doug Antonoff, current owner of the property. Mr. Eckberg explained that the site is located off Baseline Road and 60th Avenue. There is a plan to widen and improve Baseline Road from I-76 to 50th Avenue. This property is the last piece that will fill in some important infrastructure for the area. Both sides of 60th Avenue will also be completed in conjunction with Brighton East Farms. This site is strategic in that it is the gateway to Brighton coming from the east on I-76. The only development surrounding the property is in Lochbuie to the north. There is a regional pond south of Lochbuie Station that this property will be using. The main entry will be designed across from Homestead Avenue in the Lochbuie development. On August 21, 2018, the Neff II Annexation was approved at first reading for the southern property.
Karen Henry, Henry Design Group, Denver, Colorado. Ms. Henry stated that the proposal complies with the City’s Comprehensive Plan by providing a variety of housing alternatives. High-density housing is planned for the northern area of the property and will transition to lower density to the south. The overall range of dwelling units are proposed to be 360 to 460. This will be defined further in future entitlement processes when the builders are on board. The property will be connected through a series of trails to provide pedestrian access from the pocket parks to the central park. The pocket parks will provide smaller recreational amenities in the immediate vicinity of the homes. The central park will have a greater variety of amenities creating space for family outings and gatherings. The parks and open space will all comply with City Code. Primary access to the neighborhood will be from 60th Avenue on the west of Brighton East Farms and one point along Baseline Road aligning with the intersection of Homestead to the north of Lochbuie. The plan provides a number of interconnecting streets and trails to connect the residents to the parks and open spaces. The landscaping will include the minimum 30’ wide buffers along Baseline Road and 60th Avenue, a ten-foot trail along Baseline Road and an eight-foot trail along 60th Avenue. All of the internal trails will be eight-foot wide. Six-foot wide detached walks will be provided along the local streets to provide shady areas for walking. The sidewalks all connect to the adjacent neighborhood to the west. A sign will welcome visitors to the neighborhood and the City of Brighton. All other entry features will be compatible with the design of this feature. The PUD is planned in accordance with underlying City zone districts of R-1 and R-2. The PUD provides a variety of written design standards intended to provide higher quality development including trails and sidewalks, landscape buffers, paired homes, builder required landscaping, and standards for constructing various homes. Ms. Henry believes the Ridgeline Vista PUD is compatible with the surrounding neighborhoods and will fit into the overall fabric of the City of Brighton.
Travis Frasier, Redland, Littleton, Colorado. Mr. Frasier presented the conceptual utility plan for the project. There will be a proposed water main in 60th Avenue that is being coordinated with Brighton East Farms. They will provide the primary points of connection for the project, as well as the secondary loop at the southeast corner for water quality if necessary. There is existing sanitary sewer that runs along the south and eastern boundaries of the site so everything will be sent to this site. The intersections have been aligned with existing intersections for good traffic flow with Homestead to the north and Brighton East Farms to the west. The drainage will follow the historic path for the site and the flows will be taken to the Beebe Draw Regional Detention Facility. Two water quality ponds are being planned on the site to provide water quality treatment for stormwater before it enters the regional facility. The PA1 residential area might have a small water quality pond that outfalls into a regional channel along 60th Avenue, this channel will flow to the south and will outfall to the Beebe Draw Facility. Right of way will be dedicated for 60th Avenue and Baseline Road.
Mayor Kreutzer asked if anyone in the audience had questions for the applicant, there was none.
Mayor Kreutzer asked if anyone in the audience wished to speak on behalf of the request, there was none.
Mayor Kreutzer asked if anyone in the audience wished to speak against the request, there was none.
Mayor Kreutzer asked if any correspondence had been received, there was none.
Mayor Kreutzer asked if there were questions from City Council.
Mayor Pro Tem Edwards asked what the difference is between a paired home and a duplex. Planner Simmons explained that a duplex is two connected units on the same lot and a paired home is two connected units on two lots adjacent to each other. Mayor Pro Tem Edwards asked if this is just a difference in legal description and Planner Simmons agreed that it is.
Councilmember Mills asked if the developer is participating in the widening project of Baseline Road with Lochbuie. Mr. Eckberg explained that they expect to phase development from the north to the south of the property and will contribute as the other developers have in the area. Councilmember Mills asked if this work is currently being done on Baseline Road or will it be done later. Mr. Eckberg explained that the entitlements for this project have to be moved along before the work can begin. Councilmember Mills asked if the work is depending on the approval of the project and Mr. Eckberg stated that it is.
Councilmember Johnston explained that there is a traffic problem on Baseline Road and asked if the builder is going to widen the road since there is the possibility of adding 300 residents. Mr. Frasier explained that Lochbuie is improving a portion of Baseline Road to the east and the developer has been coordinating with the design team and Lochbuie to widen Baseline Road adjacent to the Ridgeline Vista property. It will become the responsibility of other developers to improve their frontages to create a whole road system. The intent is to improve 60th Avenue, the intersection and Baseline Road adjacent to the property. Councilmember Johnston expressed his concern that the entire road will not be widened and this will add to the already existing bottleneck problem on this road. Planner Simmons explained that the City is working with a number of developers and property owners in the area to get those improvements done. Assistant City Manager Marv Falconburg explained that the current roadwork being done would improve Baseline Road from 50th Avenue east. The missing piece that Councilmember Johnston is referring to is on the north side going east and west and is located in Lochbuie. It is the understanding of Assistant City Manager Falconburg that Lochbuie will be working on those improvements soon. These improvements will not be done at the same time but there will be a completed road section. Councilmember Johnston asked if the homes would be built prior to the road being completed. Assistant City Manager Falconburg offered to bring all of the plans to a Study Session to discuss the timeline for the entire roadway. Councilmember Johnston asked how close the sign for the property would be to I-76 so travelers will know that they are in the City of Brighton because there is a problem with gateway signage for the City. Mr. Eckberg explained that the sign will not be seen from I-76, but they will work with the City to create a more inviting and pleasing sign.
Mayor Kreutzer closed the public hearing at 8:22 p.m.
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, FAVORABLY RECOMMENDING FURTHER DEVELOPMENT OF THE RIDGELINE VISTA OVERALL DEVELOPMENT PLAN (ODP)
Motion by Councilmember Blackhurst, seconded by Councilmember Mills, to approve Resolution 2018-99 favorably recommending further development of the Ridgeline Vista Overall Development Plan (ODP). Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE ZONE CHANGE REQUEST TO REZONE THE EXISTING NEFF PUD (PLANNED UNIT DEVELOPMENT) AND ADJACENT PARCEL ZONED ADAMS COUNTY A-3 TO THE RIDGELINE VISTA PUD, FOR THE APPROXIMATELY 69.276 ACRE PROPERTY, KNOWN AS THE RIDGELINE VISTA PUD, LOCATED WITHIN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO (FINAL READING)
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to approve the Ordinance approving the zone change request to rezone the existing Neff PUD (Planned Unit Development) and adjacent parcel zoned Adams County A-3 to the Ridgeline Vista PUD, for the approximately 69.276 acre property, known as the Ridgeline Vista PUD, located within the northwest quarter of section 1, township 1 south, range 66 west, of the 6th principal meridian, City of Brighton, County of Adams, State of Colorado. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
8. ORDINANCES FOR INITIAL CONSIDERATION
9. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING AN ADDENDUM TO THE EMPLOYMENT AGREEMENT FOR PHILIP A. RODRIGUEZ AS THE CITY MANAGER
Mayor Kreutzer read the title of the Resolution into the record.
Mayor Kreutzer explained that City Council completed the evaluation process for the City Manager and have agreed to continue his employment for one year. The City Manager will receive a 3% raise and will receive an additional forty hours of personal leave. The rest of the Employment Agreement will remain the same.
Motion by Councilmember Mills, seconded by Councilmember Johnston, to approve Resolution
2018-100 approving an addendum to the Employment Agreement for Philip A. Rodriguez as the City Manager. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
10. UTILITIES BUSINESS ITEMS
Resolutions
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE PROPOSED COST FROM UNITED POWER FOR THE PROVISION OF POWER TO CELL 3 AND APPROVING THE ALLOCATION OF ONE HUNDRED SIXTY THOUSAND, TWO HUNDRED FIVE DOLLARS AND FIFTY-THREE CENTS ($160,205.53) FROM THE WATER ACTIVITY ENTERPRISE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTATION FOR SUCH ALLOCATION; AND AUTHORIZING THE EXPENDITURE OF SAID FUNDS FOR THE CELL 3 POWER SERVICE
Mayor Kreutzer read the title of the Resolution into the record.
City Manager Rodriguez introduced Utilities Director Curt Bauers.
Utilities Director Curt Bauers presented the request for electrical power service to Cell 3 of the Ken Mitchell Storage Complex. Improvements of the pump stations, spillways and embankment protection have taken place at Cell 1 and similar work is underway at Erger’s Pond. These improvements are in the plan for Cell 3 in 2022 and 2023. There is a current agreement allowing FRICO to use Cell 3 for storage and they will be pumping water in and out of Cell 3 until 2022. In the absence of this agreement, the City would have to do this. Without the pump station in place, the only way to accomplish the pumping would be to use fuel pumps. These would need to be stored in the flood plain. It is much safer and efficient to use electric power to operate the pumps. Permanent power will be required by the City for the Cell 3 work, there will be cost savings to incorporate that work now instead of waiting. This work was considered in the 2018 budget. At the edge of the existing batch plant, there is power that can be tied into. This could be extended between Cell 2 and Cell 3 and brought out between Cell 3 and the river to the location where the permanent pump station would be located. With the existing Franchise Agreement, all power supply within the City of Brighton has to be performed by United Power. The design and construction cost estimate is $160,205.53. Staff believes the estimate from United Power is good and recommends approval of the proposal from United Power. Director Bauers answered questions from Council regarding:
• Staff being comfortable with the erosion in Cell 3 after FRICO has finished using it in two years.
• The location where the FRICO water is coming from and where it is going.
• FRICO moving the water into the river based on their needs.
• FRICO paying the utility cost.
Motion by Councilmember Wallin, seconded by Councilmember Humbert, to approve Resolution 2018-101 accepting the proposed cost from United Power for the provision of power to Cell 3 and approving the allocation of $160,205.53 from the Water Activity Enterprise; authorizing the City Manager to execute the necessary documentation for such allocation; and authorizing the expenditure of said funds for the Cell 3 Power Service. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
11. GENERAL BUSINESS
A. SET A DATE TO DISCUSS THE TREATMENT FACILITY.
Councilmember Johnston asked to schedule a forum to give members of the community the opportunity to discuss the drug treatment facility. City Manager Rodriguez suggested that the owners of the facility would be available to speak to City Council at an upcoming Study Session meeting. Several Councilmembers and City Attorney Jack Bajorek discussed the need to have an informal meeting if Council would like to receive public comment. City Manager Rodriguez will contact the owner and invite them to an upcoming Study Session meeting.
12. REPORTS
A. By the Mayor
Mayor Kreutzer attended the Touch a Truck event, the Council in the Community meeting, the reception for the Colorado Air and Space Port, the Rodger Quist Middle School groundbreaking, the opening Brighton High School football game, and the budget forum. Next weekend is the Trash Bash.
B. By Department Heads
C. By the City Attorney
City Attorney Jack Bajorek attended the budget forum and thanked staff for such a great event.
D. By the City Manager
City Manager Rodriguez thanked City Council for the time and energy they put into the Budget Forum. City Manager Rodriguez presented the new employee video.
13. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Mayor Pro Tem Edwards attended the Touch a Truck event, the Council in the Community meeting, the Rodger Quist Middle School groundbreaking and the budget forum. The EVAC Auto Show is on Saturday.
Councilmember Wallin attended the budget forum, the Council in the Community event and the Ward 1 event.
Councilmember Mills attended the Rodger Quist Middle School groundbreaking, the Ward 1 event, the Touch a Truck event, the Colorado Space Port event and the Riverdale Animal Shelter groundbreaking.
Councilmember Humbert attended the Riverdale Animal Shelter groundbreaking. The Barr Lake Annual Birding Festival and a concert at the Armory will take place on Saturday.
14. EXECUTIVE SESSION
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to go into Executive Session at 9:01 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 property. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
Mayor Kreutzer reconvened the meeting at 9:48 p.m.
15. ADJOURNMENT
Motion by Councilmember Humbert, seconded by Councilmember Mills, to adjourn at 9:50 p.m. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Baca
CITY OF BRIGHTON, COLORADO
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Kenneth J. Kreutzer, Mayor
ATTEST:
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Natalie Hoel, City Clerk
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Approval Date