City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes
Tuesday, July 21, 2015
7:00 PM
Council Chambers
City Council
MAYOR - RICHARD N MCLEAN
MAYOR PRO-TEM - KIRBY WALLIN
COUNCIL MEMBERS:
LYNN BACA, REX BELL, JW EDWARDS
MARK HUMBERT, JOAN KNISS, KEN KREUTZER
CYNTHIA A MARTINEZ
1. CALL TO ORDER
Mayor McLean called the meeting to order at 7:01 p.m.
A. Pledge of Allegiance to the American Flag.
Councilmember Baca led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call.
Present: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca,
Councilmember Bell, Councilmember Edwards, Councilmember Humbert,
Councilmember Kniss, Councilmember Kreutzer, and Councilmember
Martinez
2. CONSENT AGENDA
A. Approval of the June 2, 2015 City Council Minutes
B. Approval of the June 23, 2015 City Council Minutes
C. A RESOLUTION OF THE CITY COUNCIL OF BRIGHTON, COLORADO FINDING
SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION, AND SETTING A
PUBLIC HEARING FOR SEPTEMBER 1, 2015 TO DETERMINE IF THE
PROPOSED APPROXIMATE 1.590 AND 1.208 ACRE PARCELS, TO BE KNOWN
AS THE NORTH STAR ANNEXATION, COMPLIES WITH STATUTORY
REQUIREMENTS FOR SUCH ANNEXATION
Resolution 2015-77
D. RESOLUTION APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO
ADAMS COUNTY FOR AN AMOUNT NOT TO EXCEED $3,900.00 FOR THE HIGH
SCHOOL SENIORS BEAUTIFICATION PROJECT IN BRIGHTON PARK, AND TO
AUTHORIZE THE CITY MANAGER TO SIGN THE GRANT APPLICATION
Resolution 2015-78
E. RESOLUTION APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO
ADAMS COUNTY FOR AN AMOUNT NOT TO EXCEED $246,250.00 FOR THE
KEN MITCHELL OPEN SPACE ENTRANCE PROPERTY ACQUISITION, AND TO
AUTHORIZE THE CITY MANAGER TO SIGN THE GRANT APPLICATION
Resolution 2015-79
Motion by Councilmember Kreutzer, seconded by Councilmember Kniss, to approve the
Consent Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
3. APPROVAL OF REGULAR AGENDA
Motion by Councilmember Humbert, seconded by Councilmember Bell, to approve the Regular
Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
4. CEREMONIES
A. Recognition of Almost Home Employee Toni Sandoval
Mayor McLean presented a certificate to Toni Sandoval and read a brief history of her background with
Almost Home.
Ms. Sandoval thanked everyone and explained that she loved the job that she did and serving the
community.
B. Solar Friendly Communities Recognition
Assistant City Manager of Administrative Services Murphy Robinson explained that the City is taking part in a new program thanks to the hard work of the staff in the One Stop Center to make Brighton a Solar Friendly Community which will help with sustainability efforts. Assistant City Manager Robinson introduced Rebecca Cantwell.
Rebecca Cantwell, Executive Director of the Colorado Solar Energy Industries Association gave a brief explanation of the program and how it makes it easier, faster and more affordable to go solar in the community as part of the “Sun Shot Initiative”. This program encourages cities and recognizes them for the steps they have taken for adopting best practices for permitting, inspection, planning and public education to help residents go solar. Brighton has been certified as a Gold Level Solar Friendly Community. Ms. Cantwell presented a plaque to Mayor McLean and presented road signs to be placed around the City.
C. Welcome Home for Sergeant Doug Imfeld
Chief of Police Clint Blackhurst recognized Sergeant Doug Imfeld after his second deployment working with NATO allies in Bosnia. Sergeant Imfeld reached the rank of Command Sergeant Major.
Sergeant Doug Imfeld thanked City Council for the recognition and is proud of the way the City treats its veterans.
D. Introduction of New Employees by Human Resources Director Karen Surine
Human Resources Director Karen Surine introduced Danielle Collins-Gottschalk, Custodian and gave a brief history of her background.
Mayor McLean and City Council welcomed the new employee to the City of Brighton.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA
(Speakers limited to five minutes)
6. PUBLIC HEARINGS
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING THE REZONING OF AN APPROXIMATELY 7.127
ACRE AREA OF LAND GENERALLY LOCATED IN SECTION 22, TOWNSHIP 1
SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, KNOWN AS
PRAIRIE CORNER FROM A ZONING DESIGNATION OF PUD (PLANNED UNIT
DEVELOPMENT) TO A ZONING DESIGNATION OF C-3 (GENERAL RETAIL AND
SERVICES)
Mayor McLean read the title of the Ordinance into the record.
Mayor McLean opened the public hearing at 7:25 p.m. and City Clerk Natalie Hoel verified the required postings and publications (June 24, 2015 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Esquibel introduced Senior Planner Lauren Simmons.
Senior Planner Lauren Simmons explained that this parcel is a 7.12 acre parcel for rezoning and it is located at the end of Eagle Boulevard next to I-76. The applicant is Mark Kieffer representing a group of owners called Prairie Corner, LLC. The request is for C-3 zoning (General Retail and Services), the previous zoning is the now rescinded Third Creek Meadows PUD project. Most of that project has now become Prairie Center. This is a leftover parcel that was not included in Prairie Center and has now come forward for rezoning.
The Comprehensive Plan calls for employment and the C-3 zoning is consistent with the employment designation. The C-3 district is a General Retail district that allows a broad scope of commercial uses for the general traveling public. It is most appropriate near arterials and areas that are not adjacent to residential areas.
Public Notice was published in the Brighton Standard Blade on June 24, 2015, notice was mailed to all property owners within 300’ and notice was posted on the property on June 19, 2015. Staff has not received any formal comment regarding this request. Planning Commission reviewed this item on July 14, 2015 and recommended approval.
Staff has reviewed this request and recommends approval. The zoning complies with the Comprehensive Plan and with Section 17-8-80 of the Land Use and Development Code.
Mayor McLean asked if the applicant would like to add anything to the presentation. The applicant was not present.
Mayor McLean asked if anyone in the audience had questions for the applicant, there was none.
Mayor McLean asked if anyone in the audience wished to speak on behalf of the request, there was none.
Mayor McLean asked if anyone in the audience wished to speak against the request, there was none.
Mayor McLean asked if any correspondence had been received, there was none.
Mayor McLean asked if there were questions from City Council.
Councilmember Baca asked when this property was annexed into the City and if there was any input from the State Wildlife due to its proximity to Barr Lake. Planner Simmons reported that there was not any comment from the State and the property was annexed in 1986 with the Third Creek Meadows PUD.
Mayor McLean closed the public hearing at 7:30 p.m.
Motion by Councilmember Martinez, seconded by Councilmember Edwards, to approve the
Ordinance. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
B. REQUEST FOR CONTINUANCE: PRAIRIE CORNER PROPERTY FINAL PLAT,
VESTED PROPERTY RIGHTS AND DEVELOPMENT AGREEMENT TO AUGUST
4, 2015
Mayor McLean read the title of Item 6B into the record.
Mayor McLean opened the public hearing at 7:31 p.m. and City Clerk Natalie Hoel verified the required postings and publications (June 24, 2015 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Esquibel explained that the applicant has asked for this item to be continued to August 4, 2015.
Senior Planner Lauren Simmons explained that the applicant would like to hold the public hearing on August 4, 2015 so it will coincide with the final reading of the zoning Ordinance.
Mayor McLean closed the public hearing at 7:33 p.m.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Martinez, to continue the Public
Hearing to August 4, 2015. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
C. AN ORDINANCE, OF THE CITY OF BRIGHTON CITY COUNCIL, APPROVING
THE REZONING OF AN APPROXIMATELY 53.1152 ACRE AREA OF LAND
GENERALLY LOCATED IN SECTION 6, TOWNSHIP 1 SOUTH, RANGE 66 WEST
OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS,
STATE OF COLORADO, FROM AN ADAMS COUNTY ZONING DESIGNATION OF
I-3 (INDUSTRIAL) TO A ZONING DESIGNATION OF PUD (PLANNED UNIT
DEVELOPMENT) WITH AN UNDERLYING ZONE DESIGNATION OF MU (MIXED
USE)
Mayor McLean read the title of the Ordinance into the record.
Mayor McLean opened the public hearing at 7:34 p.m. and City Clerk Natalie Hoel verified the required postings and publications (June 3, 2015 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Esquibel introduced Senior Planner Lauren Simmons.
Senior Planner Lauren Simmons reported that the applicant is requesting a continuation of this item to August 18, 2015 since there are issues that need to be worked out between staff and the applicant.
Councilmember Baca explained that this item was posted to the public and asked if the applicant was ready on Friday when this information was submitted to City Council. Planner Simmons explained that the applicant was ready to proceed on the rezoning but there were issues with the Preliminary Plat that were not resolved. The applicant does not want to move forward with the rezoning if this issue cannot be resolved.
Councilmember Kniss asked if there will be two (2) Ordinances, one (1) with the Planning Commission recommendation when this item comes back on August 18, 2015. Planner Simmons explained that she is sure the recommended Ordinance from the Planning Commission will be included however the applicant may have a formal response to this recommendation.
Mayor McLean closed the public hearing at 7:38 p.m.
Motion by Councilmember Bell, seconded by Councilmember Baca, to continue the Public
Hearing to August 18, 2015. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING, WITH CONDITIONS AS SET FORTH HEREIN, A
CONDITIONAL USE FOR A TAVERN AND A ‘NANOBREWERY’ AS AN
ACCESSORY USE AT THE PROPERTY ADDRESSED AS 117 N. MAIN STREET,
UNIT A, BRIGHTON, COLORADO (TO BE KNOWN AS ‘SOMETHING BREWERY’)
Mayor McLean read the title of the Resolution into the record.
Mayor McLean opened the public hearing at 7:38 p.m. and City Clerk Natalie Hoel verified the required postings and publications (July 1, 2015 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Esquibel introduced Planning Manager Jason Bradford.
Planning Manager Jason Bradford explained that he is presenting the Conditional Use Permit applicant for Something Brewery. The applicant is Something Brewery, LLC and the owners are Brian Castillo, David Allegrezza and Dustin Christopher. The property is located at 117 North Main Street, Unit A and is zoned DT (Downtown). The proposed use is a tavern and “nanobrewery”. A tavern is a Conditional Use in the Downtown zone district. The property is located north of Strong Street and west of Main Street. The hours of operation will be 2:00 p.m. to 10:00 p.m. Tuesday through Thursday, 2:00 p.m. to 11:00 p.m. Friday and Saturday and will be closed on Monday. The capacity for the building is forty-four (44). Sandwiches and other snacks will be available.
In reviewing the proposed Conditional Use the Development Review Committee (DRC) looked at some of the conditions to help ensure that this use will be harmonious with the other uses Downtown and they have added five (5) conditions. Those conditions are:
1. The Conditional Use request for the establishment of a tavern and a ‘nanobrewery’ as an accessory use at the existing building, addressed as 117 N. Main Street Unit A, is hereby approved with the following conditions:
2. Approval of this conditional use application shall not run with the land and is limited to the operation of a tavern (the “Something Brewery”) by Something Brewery, LLC at the existing building addressed as 117 N. Main Street, Unit A, Brighton, Colorado, as more particularly described in Exhibit A, attached hereto.
3. Something Brewery, LLC, shall obtain the proper liquor license for the operation of a tavern and a “nanobrewery” from the Brighton Local Liquor Licensing Authority before sale of alcohol will be permitted at the location.
4. Something Brewery, LLC, is permitted to operate a “nanobrewery” or very small brewery operation that produces no more than 2,000 barrels annually as an accessory use to the tavern at 117 N. Main Street, Unit A.
5. Something Brewery, LLC, shall obtain all necessary licenses and permits and meet all applicable federal, state, and local laws, regulations and policies at all times.
Staff finds that the Conditional Use permit application does comply with the requirements of the Land Use and Development Code. All required public notices were provided in accordance with the Code and no public comment has been received. Staff recommends approval of this request.
Mayor McLean asked if the applicant would like to add anything to the presentation.
Brian Castillo, 1165 Community Center Drive, Thornton, Colorado. Mr. Castillo explained that this is a nanobrewery and is not a bar. The owners are looking to set their roots in Brighton and bring the craft beer industry to this area. Brighton needs a business like this to help the economy and have a family friendly place for people to go and have a good time. There will be soda and food like sandwiches and burgers to eat. The nanobrewery is the smallest kind of brewery and will produce up to 2,000 barrels per year.
Dustin Christopher, 11536 Community Center Drive, Northglenn. Mr. Christopher explained that he is happy to be in Historic Downtown Brighton and appreciates the history of the building.
Mayor McLean asked if anyone in the audience had questions for the applicant, there was none.
Mayor McLean asked if anyone in the audience wished to speak on behalf of the request.
Teri Sanchez, Economic Development Coordinator for the Small Business Initiative. Ms. Sanchez explained that she has worked with this team for two (2) years to get this business going. They have taken the time to research the industry and the best location for their business. They have a great plan and a lot of experience in the industry and have mentors that will help them as they open their business. This is a place that will bring people Downtown and make a difference to the City. Economic Development is very excited about this new business.
Mayor McLean asked if anyone in the audience wished to speak against the request, there was none.
Mayor McLean asked if any correspondence had been received, there was none.
Mayor McLean asked if there were questions from City Council.
Councilmember Edwards asked how big a barrel is. Mr. Castillo explained that a barrel is 31.5 gallons or two (2) kegs. The owners are not looking to distribute but have most of their sales in house. Councilmember Edwards asked if their experience was in other breweries. Mr. Castillo explained that he and his other partner have five (5) years of experience in other breweries and the other breweries have been helpful in getting their business started. Councilmember Edwards asked if this is going to be an independent brewery or will it be connected to another brewery. Mr. Castillo explained that it will be independent and they are working on a new idea to infuse beers with tea for a different flavor profile. Mr. Christopher reported that they will get their teas from a company in Littleton that gets its loose leaf teas from all over the globe.
Councilmember Kreutzer reported that he is excited about this and it is a positive step for the community and Downtown and this will bring people to Brighton. Councilmember Kreutzer expressed his concern about the capacity of only forty-four (44) seats. Councilmember Kreutzer asked if there is the proper infrastructure in place for the proper size of gas lines that will be needed for the brewery. Mr. Castillo explained that all of the brewery operations will be electric, gas will be used minimally for heating and hot water. Electricians have made sure that the control panels will not overload the system. Mr. Castillo explained that a typical household uses approximately 300 gallons of water per day which is over 100,000 gallons per year. The brewery will be using 65,000 to 75,000 gallons per year. Mr. Castillo reported that there is 3000 sq. ft. in the building and there is enough room to seat forty-four (44) people and there will also be some standing room at the bar. The building inspector and fire inspector will have to inspect the area and determine the occupancy which should be approximately fifty (50) people. Councilmember Kreutzer asked if the business will take up only half of the map that was shown earlier of 117 North Main. Mr. Christopher reported that it will be the south side of the building.
Councilmember Martinez feels this is a great plan and commends the owners for using the Small Business Initiative. When putting together a business plan in that area it is best to think small and gradually build to make it bigger. There is not a lot to offer the younger demographic that is moving into the City so this will be a good concept. This will be a great opportunity to bring families to the Downtown area after work and on weekends. Councilmember Martinez asked why this business would be closing earlier than a typical bar. Mr. Castillo explained that these hours are based on the hours of most breweries. There is a bar scene in the City and this business will not take away from that. This brewery will attract new people to the community and hopefully families will come and have a good time. Councilmember Martinez asked if there will be TV’s installed. Mr. Castillo reported that there will be TV’s and games with game nights. The owners hope to collaborate with other breweries in the future that may come to Brighton. Councilmember Martinez wished them luck with their new business.
Mayor Pro-Tem Wallin asked if they will only be serving their own craft brewed beer. Mr. Castillo explained that their own beer is the only alcoholic beverages they will sell.
City Manager Esquibel confirmed with the applicants that the business will be open on Sunday from 1:00 p.m. to 8:30 p.m.
Mayor McLean closed the public hearing at 8:04 p.m.
Motion by Councilmember Baca, seconded by Mayor Pro Tem Wallin, to approve Resolution
2015-80 with the proposed conditions. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
7. ORDINANCES FOR INITIAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AMENDING THE BRIGHTON MUNICIPAL CODE BY REPEALING
CERTAIN PROVISIONS OF ARTICLE 8-4, GENERAL HEALTH PROVISIONS, AND
ARTICLE 8-8, VEGETATION, RUBBISH AND JUNK CONTROL RELATED TO
NUISANCES, WEEDS. DANGEROUS TREES, RUBBISH, REFUSE AND JUNK,
AND THE ABATEMENT THEREOF; THE ADOPTION OF NEW SECTION 8-4-10.
ABATEMENT OF DANGEROUS PREMISES, SECTION 8-4-40. RIGHT OF ENTRY
FOR INSPECTION, SECTION 8-4-50. RULES AND REGULATIONS ESTABLISHED
BY CITY MANAGER, SECTION 8-4-60 DEFINITIONS, SECTION 8-4-70
VIOLATIONS, PENALTIES AND NUISANCE DECLARED, and ARTICLE 8-6.
ABATEMENT OF NUISANCES, ARTICLE 8-8. VEGETATION, RUBBISH AND
JUNK CONTROL; AND SETTING FORTH DETAILS IN RELATION TO THE
FOREGOING
Mayor McLean read the title of the Ordinance into the record.
City Manager Esquibel introduced Chief of Police Clint Blackhurst.
Chief of Police Clint Blackhurst explained that this item is a rewrite of the current Ordinance regarding Code Enforcement. It has been a joint effort with the Police Department, Community Development and Parks and Recreation to clean up the Municipal Code regarding nuisance issues that Code Enforcement deals with especially in the summer. This includes weeds, debris, and how to abate properties when there is not compliance. There are changes to this Ordinance that make the process more practical, enforceable and user friendly for the residents of Brighton.
City Attorney Margaret Brubaker explained that the majority of the provisions in the Municipal Code have been rewritten. There was concern by Code Enforcement of an existing requirement for mowing for weeds in large acreages so that has been amended to require that mowing is only required 20’ back from the right-of-way since the primary concern was site triangles and appearance of the property. There are twenty-seven (27) total changes to the Ordinance.
City Attorney Brubaker and Chief Blackhurst answered questions from Council regarding:
• The language in the Ordinance regarding issues being decided at the discretion of the City Manager.
Motion by Councilmember Kreutzer, seconded by Councilmember Bell, to approve the
Ordinance. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
8. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING LODGING TAX MINI-GRANTS FROM THE LODGING
TAX FUND IN THE AMOUNT OF FIFTEEN THOUSAND ($15,000.00). FOR
CALENDAR YEAR 2015; DESIGNATING THE RECIPIENTS AND AMOUNTS OF
SAID GRANTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENTS WITH THE RECIPIENTS OF THE 2015 ALLOCATION ON BEHALF
OF THE CITY; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Lindsay Killen, Daryl Meyers and Councilmember Kreutzer, members of the Lodging Tax Advisory Committee.
Lindsay Killin, Vice Chair of the Lodging Tax Advisory Committee gave City Council the recommendations for the Lodging Tax Mini-Grants: a) Brighton Cultural Arts Commission-Excellence in Arts Awards, $2,500.00 (50% cash or in-kind $2,675.00); b) Adams County-Adams County Fair, $5,000.00 (50% cash or in-kind $5,120.00); c)Brighton Chamber of Commerce-Signs of Brighton, $5,000.00 (50% cash or in-kind $7,000.00); and d) heArt of Brighton (HOB)-Market Day Weekend Roast &Toast of David Petrocco, $2,500.00 (50% or in-kind, Armory Rental, staff time, & graphic arts).
Motion by Councilmember Martinez, seconded by Councilmember Edwards, to approve
Resolution 2015-81. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA)
REGARDING A LOCAL DISTRICT PLAN WITH ADAMS COUNTY; AND SETTING
FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Community Development Director Holly Prather.
Community Development Director Holly Prather explained that she is presenting the Intergovernmental Agreement (IGA) with Adams County. Adams County and the City drafted an IGA to hire a consultant that would prepare a study that would serve as a comprehensive planning document for both the City and the County to guide future and balanced economic development and possible agriculture preservation efforts in the area. This area is generally south of Bromley Lane, west of I-76, east of the South Platte River and north of 112th Avenue. This item was presented to City Council on December 16, 2014. At that time a petition was submitted by twelve (12) property owners in the area requesting that Council not proceed with the IGA or the study. Council continued the request to an uncertain date and requested that staff meet with the landowners to further discuss their concerns.
County staff has apprised the new Commissioners and new staff members about this IGA and study. At that time County and City staff began preparing the public outreach meetings. The first meeting was held on May 8, 2015 at the Eagle View Adult Center. Notice of this meeting was sent by County staff to over 1,700 property owners within the study area and surrounding the study area. Over one hundred (100) persons attended that meeting and the comments were primarily related to traffic/transportation and open space. A second meeting was held on July 8, 2015 at the Eagle View Adult Center and notice of this meeting was sent to those landowners that petitioned against the IGA and study. Half of the landowners attended the meeting and City staff began the discussion by reiterating some points from the first meeting. The property owners can continue farming their land, they can develop their land or they can preserve their land. City and County staff discussed how establishment of a plan could benefit the landowners. Director Prather explained the potential benefits of this plan. The concern of some landowners is that this plan will prevent them from getting top dollar for their land when they want to sell. Other landowners want to be left alone and not be forced into retaining the current land use. The plan should also include different types of land uses, not just agriculture. Another public outreach meeting was held on July 13, 2015 and was attended by sixty-seven (67) persons. The meeting included a brief overview of the first meeting, a presentation by Laura Witt on the website for the Regional Economic Advancement Partnership, a questionnaire, and small group discussions with City and County staff. Stakeholder Working Groups were also offered and several residents signed up for those groups. Director Prather presented Council with the results of the questionnaire. It is the intent of the City and County staff to have a heavy public engagement process with those landowners and other residents to move this plan forward.
The IGA is an agreement with Adams County to hire a consultant to perform a study, , and how the costs will be divided. Adams County will take the primary lead on this and the City will pay 25% of the total maximum cost of $200,000.00, for a cost to the City of $50,000.00. Director Prather presented the objectives for the study.
Anne Anderson, 14605 Sable Boulevard, Brighton. Ms. Anderson expressed her concern regarding this IGA and the decisions that have been made by the City and County since 1998.
Sonny Anderson, 14605 Sable Boulevard, Brighton, Mr. Anderson expressed his concern regarding this study, the cost to the City and County and the amount of agricultural land actually being studied.
Community Development Director Holly Prather answered questions from Council regarding:
• The concerns of the residents that spoke.
• Groups in place to update the Comprehensive Plan and Transportation Plan.
• How the historic farmstead study will complement the other comprehensive plan work being done.
• The landowners retaining their property rights whatever the study finds.
• An explanation on the idea to “create a plan and implement the plan”.
• The idea that a portion of land can be studied if someone owns that property.
Janell Flaig, Adams County Long Range Planner, 1330 Grays Peak, Longmont, Colorado. Ms. Flaig explained that she is looking forward to the market study and getting input from the public and making this a public process and a transparent process.
Motion by Councilmember Edwards, seconded by Councilmember Bell, to approve Resolution
2015-82. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
and Councilmember Kreutzer
No: 1 - Councilmember Martinez
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING THE AMENDATORY INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND ADAMS
COUNTY TO THE INTERGOVERNMENTAL AGREEMENT ON ANNEXATION AND
AN INTERGOVERNMENTAL AGREEMENT ON A NEW AIRPORT DATED APRIL
21, 1988, AS A THIRD PARTY BENEFICIARY TO CERTAIN PROVISIONS OF THE
AMENDATORY INTERGOVERNMENTAL AGREEMENT; SETTING FORTH THAT
SUCH APPROVAL IS SUBJECT TO AND CONDITIONED UPON APPROVAL OF
THE AMENDATORY INTERGOVERNMENTAL AGREEMENT BY THE VOTERS OF
THE CITY AND COUNTY OF DENVER AND ADAMS COUNTY; AND SETTING
FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced City Attorney Margaret Brubaker.
City Attorney Margaret Brubaker explained that the Airport Coordinating Committee was established in the 1980’s consisting now of Adams County, Aurora, Brighton, Commerce City, Federal Heights and Thornton. An agreement has been finalized with the City and County of Denver to amend certain provisions of two (2) Intergovernmental Agreements (IGA) that were enacted in 1988. This Amendatory IGA was approved by the Denver City Council on June 29th and each of the members of the Airport Coordinating Committee are proceeding with that approval and it is ready for approval tonight.
The City and County of Denver and Adams County entered into an IGA on Annexation and an IGA on a New airport in April, 1988 which provided for the detachment of certain territory from Adams County and the annexation of that property into the Denver County for the purposes of the construction of the anticipated international airport now known as the Denver International Airport. The IGA on a New Airport included provisions regarding airport noise and mitigation which that agreement has been used over the past twenty (20) years primarily to regulate noise. It also addressed the construction of certain capital improvements and other items related to the construction and operation of the airport. The voters in Adams County approved the IGA’s in May, 1988 and the voters in Denver approved the same IGA’s in May, 1989.
Denver, Adams County and the members of the Airport Coordinating Committee have agreed to amend certain of the land use regulations contained in those agreements in order to provide greater development opportunities on 1,500 acres located at the airport, in exchange for sharing 50% of certain Denver tax revenue from such new development in perpetuity with Adams County. In addition to sharing the 50% of the Denver tax revenue, Denver has also agreed to make a one-time payment of ten million dollars to Adams County. Adams County has agreed to share that Denver tax revenue and one-time payment with the cities of Aurora, Brighton, Commerce City, Federal Heights and Thornton in accordance with a separate IGA among Adams County and those cities. That document is in the process of being drafted and should be ready for approval in the next month. The cities of Aurora, Brighton, Commerce City, Federal Heights and Thornton are third party beneficiaries to this Amendatory IGA as it pertains to the revenue sharing. Only Aurora and Commerce City are third party beneficiaries as it pertains to the land use provisions because according to the existing agreements in place only those parties that abut the airport property have that right. The Amendatory IGA will become effective on January 1st of the year following its approval by the voters of Denver and Adams County and is conditioned upon that approval. The parties to the Amendatory IGA requested the IGA be approved by each of the entities prior to submittal to the voters. Denver and Adams County intend to submit the IGA to the voters in their respective counties at the November 3, 2015 election. City Attorney Brubaker thanked Mayor McLean and Councilmember Edwards for participating in this long process. City Attorney Brubaker answered questions from Council regarding:
• The reason the IGA was entered into in 1988 and did not go to the voters until 1989.
• This ballot item being a local question or county-wide question.
Motion by Councilmember Edwards, seconded by Councilmember Kreutzer, to approve
Resolution 2015-83. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
9. UTILITIES BUSINESS ITEMS
Resolutions
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACTING BY AND THROUGH ITS WASTEWATER ENTERPRISE,
ACCEPTING THE BID OF LAYNE INLINER, LLC, AND AWARDING THE
CONTRACT FOR THE 2015 SEWER LINE REHABILITATION CURED IN
PLACE PIPE (CIPP) BID #15-030, TO LAYNE INLINER, LLC IN AN AMOUNT
NOT TO EXCEED TWO MILLION THREE HUNDRED TWENTY ONE
THOUSAND TWO HUNDRED FIFTY DOLLARS ($2,321,250.00), AND
AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE
CITY, AND AUTHORIZING THE CITY MANAGER TO APPROVE CHANGES TO
THE CONTRACT AMOUNT UP TO TEN PERCENT (10%) OF THE ORIGINAL
CONTRACT AMOUNT
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Utilities Director Curt Bauers.
Utilities Director Curt Bauers explained that this Resolution for the Wastewater Enterprise to contract with Layne Inliner, LLC for rehabilitation of approximately twenty (20) miles of sanitary sewer line. A ‘cured in place’ lining process will be utilized to correct defective and degraded lines. This process is less expensive than replacing lines and this project has been in the planning stage for several years and money has been budgeted. The project will take up to a year to complete. Procurement solicited bids and the lowest, most qualified, responsive and responsible bidder was Layne Inliner in the amount of $2,321,250.00. Staff recommends approval of the budget for streamlining the change order process for additions to this contract given the nature of the work so issues can be handled quickly and the process can continue. Staff feels that since the contract is under budget it is important to include a 10% contingency of $232,125.00 additional for those change orders to be handled. Director Bauers answered questions from Council regarding:
• The longevity of these repairs.
• The cost if the lines were replaced.
• This project being part of the previous test project that was done.
• The 10% being included in this contract.
• The work being done in the older sections of the City.
• The process to complete this work.
• How the households will attach to this pipe.
• The project still being under budget with the added 10%.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Martinez, to approve
Resolution 2015-84. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca,
Councilmember Bell, Councilmember Edwards, Councilmember Humbert,
Councilmember Kniss, Councilmember Kreutzer, and Councilmember
Martinez
10. GENERAL BUSINESS
11. REPORTS
A. By the Mayor.
B. By Department Heads.
Human Resources Director Karen Surine handed out the applicant information for the Liquor Licesning Authority Hearing Officer interviews.
Parks and Recreation Director Gary Wardle invited Council to attend the ceremony to place a plaque on Memorial Parkway for Melvin Kreutzer.
Assistant City Manager of General Services Murphy Robinson announced that an electric car charging station has been installed at City Hall. A grant was received through the State of Colorado to help with this project.
C. By the City Attorney.
D. By the City Manager.
City Manager Esquibel reported that additional time will be set aside at the next Study Session meeting to continue dialogue regarding Council prioritization for the budget. The International Hispanic Network will hold its regional conference in Brighton.
12. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Kniss attended the dedication of the greenhouse at the Boys and Girls Club and the Historic Preservation Commission Ice Cream Social at the 1886 Church. Councilmember Kniss thanked Councilmember Kreutzer for the outstanding gathering with the Sister Cities group from Poland. The Legacy Foundation awarded two (2) educational scholarships for continued education. The Legacy Foundation will host a fundraiser poker run at Copper Rail this Saturday. The Capital Facility Fee Foundation Chair Joy Gerdom is retiring this month.
Councilmember Kreutzer attended the Historic Preservation Ice Cream Social and thanked City council for all of their support and activities with the Sister Cities activities.
Councilmember Martinez attended the Brighton Economic Development Gala, the street naming for Neal Nahler, the Historic Preservation Commission Ice Cream Social, the Chamber Duck Race, the County Court for Veterans Graduation ceremony and the dedication of the Veterans Park Memorial.
Councilmember Edwards thanked Councilmember Kreutzer for his work with the Sister Cities activities and thanked City Council for supporting the Denver International Airport IGA. Councilmember Edwards announced that the Senior Advisory Board will be hosting the annual car show on September 12th from 8:30 a.m. to 12:00 p.m.
Mayor Pro-Tem Wallin thanked Councilmember Kreutzer for the Sister Cities events. The Youth Commission held their team building retreat with many new members and elected new officers and they participated in the Chamber Duck Race.
Councilmember Baca attended the Brighton Fire District meeting, the Economic Development Gala and the Neal Nahler street naming celebration. Councilmember Baca thanked Councilmember Kreutzer for his work on the Sister Cities activities.
Councilmember Humbert attended the Veterans Court graduation, the Brighton Urban Renewal Authority meeting, the Veterans Memorial dedication and the Chamber Duck Race.
Councilmember Bell attended the Brighton Housing Authority meeting. Councilmember Bell complimented the One Stop Center for their great service.
13. EXECUTIVE SESSION
A. 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 Land Acquisition
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Kruetzer, to go into Executive
Session at 10:13 p.m. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca,
Councilmember Bell, Councilmember Edwards, Councilmember Humbert,
Councilmember Kniss, Councilmember Kreutzer, and Councilmember
Martinez
14. ADJOURNMENT
Motion by Councilmember Martinez, seconded by Councilmember Humbert, to adjourn at 10:13 p.m. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca,
Councilmember Bell, Councilmember Edwards, Councilmember Humbert,
Councilmember Kniss, Councilmember Kreutzer, and Councilmember
Martinez
CITY OF BRIGHTON, COLORADO
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ATTEST: Richard N. McLean, Mayor
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Natalie Hoel, City Clerk
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Approval Date