City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, January 20, 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 7:00 p.m.
A. Pledge of Allegiance to the American Flag.
Visiting Boy Scouts let the recitation of the Pledge of Allegiance to the American Flag.
The visiting Boy Scouts introduced themselves and were recognized by City Council with City of
Brighton pins.
B. Roll Call.
Present: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Kreutzer, and Councilmember Martinez
Not Present: 1 - Councilmember Baca (excused)
2. CONSENT AGENDA
A. Approval of the December 16, 2014 City Council Minutes
City Clerk Natalie Hoel read the Consent Agenda into the record.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Bell, to approve the Consent
Agenda. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Kreutzer, and Councilmember Martinez
Absent: 1 - Councilmember Baca
A. Approval of the December 16, 2014 City Council Minutes
3. APPROVAL OF REGULAR AGENDA
Motion by Councilmember Martinez, seconded by Councilmember Kniss, to approve the
Regular Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Kreutzer, and Councilmember Martinez
Absent: 1 - Councilmember Baca
4. CEREMONIES
A. National Mentoring Month Proclamation
Mayor McLean read the Proclamation into the record and presented it to Claudia, Art Director for the
Boys and Girls Club.
Motion by Councilmember Edwards, seconded by Councilmember Humbert, to approve the
Proclamation. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Kreutzer, and Councilmember Martinez
Absent: 1 - Councilmember Baca
B. Recognition of the Brighton Employee Charities Committee
City Manager Esquibel introduced Chief of Police and BEC Director Liaison Clint Blackhurst.
Chief of Police and BEC Director Liaison Clint Blackhurst reported on the successful year and
accomplishments the Brighton Employees Charities Committee (BEC) had with all of their programs in
2014.
C. Introduction of New Employees by Human Resources Director Karen Borkowski
Surine
Human Resources Director Karen Borkowski Surine introduced Julie Natale, Utility Billing Clerk, Jim
Hinton, Water Treatment Plant Operator, Brent Swift, Water Operator, Roy Gallea, Utility Engineer and
Anna Mostacerro, Interpreter.
Mayor McLean and City Council welcomed the new employees 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 OF BRIGHTON CITY COUNCIL APPROVING THE
BROMLEY PARK PUD (PLANNED UNIT DEVELOPMENT), 16TH AMENDMENT
(MAJOR) FOR THE APPROXIMATELY 72.23 ACRE PROPERTY, LOCATED
WITHIN THE NORTH HALF OF SECTION 10, TOWNSHIP 1 SOUTH, RANGE 66
WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF
ADAMS, STATE OF COLORADO
Mayor McLean read the title of the Ordinance into the record.
Mayor McLean opened the public hearing at 7:30 p.m. and City Clerk Natalie Hoel verified the required
postings and publications (December 25, 2014 in the Brighton Banner) for this public hearing were
completed.
City Manager Esquibel introduced Associate Planner Cathy Sexton.
Associate Planner Cathy Sexton explained that this is the proposed 16th Amendment to the Bromley
Park PUD. The applicant is Marc Savala with Brookfield Residential and the owner is Brookfield
Residential (Colo) LLC. The required fifteen (15) day notice of the public hearing was mailed to
property owners within 300' of the property and to property owners within the development on
December 22, 2014, notice was published in the Brighton Banner on December 25, 2014 and posted
on the property on December 22, 2014. The applicant held a neighborhood meeting on October 21,
2014 with the HOA annual meeting and City staff was present. The Planning Commission held a public
hearing on December 12, 2014 and recommended approval with a few conditions, which have been addressed. No formal public comments have been received by staff regarding this public hearing.
The proposed PUD amendment would apply to a portion of Brighton Crossing Filing No. 3 Subdivision
which is located south of Bridge Street, east of the Mount Elbert Street alignment, west of South 50th
Avenue and north of the Northgate Subdivision. The site is approximately 72.229 acres. The current
zoning is Bromley Park PUD with a land use designation as single-family detached and single-family
attached. The Comprehensive Plan designates this area as appropriate for medium density residential
which is 2.5 to 5 dwelling units per acre. This property is within the Bromley Park planning area. The
property was zoned by the original Bromley Park PUD in 1986 which applied to approximately 435.259
acres. There was a recent administrative PUD Amendment that was approved in December, 2013 to
show the actual land uses in that subdivision which were single-family detached and single-family
attached and it revised some of the rear setback requirements. There are currently 398 platted
residential lots that vary in size from 33' in width at 3800 sq. ft. to 60' in width and 6000 sq. ft. There
are currently single-family detached and single-family attached houses in this subdivision. The
single-family attached houses are attached by a shed or by a detached garage which is attached to the
neighbor's detached garage.
The proposed PUD Amendment would revise the land use designation by limiting the single-family
attached designation to allow no more than two (2) dwelling units per building. The Amendment would
also allow the flexibility to construct either a single family detached or single-family attached house in the many residential areas that have not been developed. This means that single-family detached houses would be allowed on those smaller lots. This Amendment also addresses some dimensional standards as it would reduce the minimum lot area and reduce the minimum lot width requirements which would allow for those single-family detached houses on the smaller lots.
Mayor McLean called for a recess at 7:41 p.m.
Mayor McLean reconvened the meeting at 7:49 p.m.
Associate Planner Cathy Sexton continued her presentation. This Amendment addresses the maximum sq. ft. allowed for accessory structures, by increasing the square footage which would accommodate parking two (2) vehicles in a two (2) car garage easier. Setback requirements are also addressed for accessory structures that were not addressed in the original PUD in 1986. This amendment clarifies setbacks for single-family attached houses, revises the site triangle requirements to be consistent with the City of Brighton Standards and addresses the height limitations that were not originally approved in the PUD.
The proposed PUD Amendment also allows for the establishment of side yard use easements. This
easement would allow for the use of a neighbor's side yard which would increase a lot's usable yard
area on one (1) side. Lot A would use a portion of Lot B to increase the total usable yard area for Lot A
and Lot B would use a portion of Lot C to increase the total usable yard area for Lot B. The houses
would still have to meet the setback requirements as established in the PUD. The Amendment also
revises some of the Residential Design Standards regarding the mix of housing models, mix of roof colors and rear elevation requirements. Even with this PUD Amendment there are such a variety of houses in this development it still meets the intent of the Residential Design Standards.
Section 17-16-110 of the Land Use and Development Code requires that any alteration of a PUD that
exceeds the limits as set forth in that section or change of use shall be reviewed by the Planning
Commission and the City Council. The Bromley Park PUD also requires that a major PUD Amendment
be reviewed by Planning Commission and City Council. A PUD Amendment is considered major when
the development standards or requirement is altered by more than 10%.
Staff finds that the PUD Amendment conforms to the approval criteria for a PUD Amendment as set forth in the Land Use and Development Code and the Bromley Park PUD. Staff finds that the proposed PUD Amendment is generally in conformance with the Comprehensive Plan as it designates this area as being appropriate for medium density residential, 2.5 to 5 dwelling units per acre land uses. The Amendment does not increase the density from what has already been approved. The Bromley Park planning area is intended to join together the Bromley Park area with the rest of the City through connections of roads, trails and by transferring the small town character with the use of design characteristics such as detached sidewalks, front porches, and a variety of styles and colors and by encouraging implementation of the village with different and distinct character. The proposed PUD Amendment would allow for a variety of housing types and would provide smaller lot sizes which provides a different character and accomplishes the intent of these policies. The Planning Commission approved a Resolution recommending approval of the PUD Amendment with conditions. The PUD document was amended to include these conditions. Staff recommends approval of the proposed PUD Amendment.
Mayor McLean asked if the applicant would like to add anything to the presentation.
Marc Savala, Brookfield Residential, 6465 South Greenwood Plaza Blvd, Suite #700, Centennial,
Colorado 80111. Mr. Savala thanked staff for their informative presentation. The Amendment covers a
few revisions to the dimensional standards, the topic of a side yard use easement and a few
amendments to the Residential Design Standards and the allowance of a detached home on a slightly
smaller lot than what is currently allowed. A single-family detached home is currently allowed on a lot
of 40' in width or greater; this Amendment is requesting to lower the lot size to 31' or greater. This
Amendment will not make any revisions to any existing lot lines, homes or structures currently within
the subdivision and any changes like that would have to go through a re-platting process. There are
currently 100 to 150 homes that have been built in this subdivision. The builder is in discussions with
staff regarding re-platting for some of the larger lots in the subdivision. There are two (2) additional lot
sizes within the community including 33' and 40' wide lots. The Tea Light Series is being developed
now and includes a single-family detached home on a smaller lot with a lower price point for a starter
home for someone interested in joining the community. Mr. Savala gave a detailed description of how
the side yard easement will work in this subdivision with one lot's passive side being adjacent to the
next lot's active side. Mr. Savala presented renderings of the different types of homes that are being proposed for this area. Mr. Savala thanked staff for their help with this project and reported that they are happy to be building in Brighton.
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 was received, there was none.
Mayor McLean asked if there were questions from City Council.
Councilmember Martinez asked where a sidewalk would be located between Lots C and D. Mr. Savala
explained that there is not a sidewalk; it is a shared use of the yard and each Lot will give up a portion
of their lot and will use a portion of the neighbor's lot, which increases the usable space from 5' to 10'.
Councilmember Martinez expressed concern with this concept if a homeowner does not get along with
their neighbor. Mr. Savala explained that a homeowner would not be closer to the neighbor; they would
just be using different spaces which is on the neighbor's passive side of their home. This concept has
been found to work well and the home acts as a fence. Councilmember Martinez asked if medium
density is average for this area and Mr. Savala explained that this specific area has a higher density,
but is consistent with the Bromley Park PUD. Councilmember Martinez asked if when referring to two
(2) units on one (1) lot it is a duplex. Mr. Savala explained that the PUD is written to allow for a
single-family attached unit but each would have their own individual lot.
Councilmember Edwards asked if the side yard easement allows for permanent structures to be built in
that area. Mr. Savala explained that a deck would not be allowed but a concrete patio would be
allowed; these issues and how disputes are handled will be more detailed in the easement agreement.
Councilmember Edwards asked if a concrete patio would be allowed next to a house and Mr. Savala
explained that it could cross the property line, but would not likely touch the home. Councilmember
Edwards expressed concern with BBQ grills and the possibility of catching the neighbor's home on fire.
Mr. Savala reported that it is challenging with working in such tight quarters, but accidental fires should
be covered under the homeowners insurance. Councilmember Edwards asked if the easement would
cover the property all the way to the street. Mr. Savala explained that this can be done different ways
but it makes the most sense to run the length of the property so there is a clear understanding of what
portion of land belongs to each homeowner. There could also be fences involved.
Councilmember Humbert asked if the concept of the side yard easement is to mitigate the setbacks of
the side yard. Mr. Savala explained that the side yard setbacks only dictate how far apart the homes
are from each other. The easement allows use of the entire space between the homes for the
homeowner instead of having 5' of unusable space.
Councilmember Kreutzer asked what the difference in cost would be between a home with a 40' wide
lot to a home with a 31' wide lot. Mr. Savala explained that a home on a 55' lot is priced between the
mid $200's to low $300's and the smaller lots should be from the low to mid $200's.
Mayor McLean asked who is responsible for the maintenance and weed control in the side lot. Mr.
Savala explained that there are a few different configurations and some will be maintained by the
Metro District, fencing will be maintained by the homeowner and the homeowner is responsible for
maintenance of the yard and side yard easement. Mayor McLean asked if there will be anything
prohibiting boat or mobile home storage in these areas. Mr. Savala explained that there will be
covenants that restrict these issues.
Mayor McLean closed the public hearing at 8:16 p.m.
Motion by Councilmember Edwards, seconded by Councilmember Bell, to approve the
Ordinance. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Kreutzer, and Councilmember Martinez
Absent: 1 - Councilmember Baca
7. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACCEPTING THE BID OF NORAA CONCRETE CONSTRUCTION
CORP. AND AWARDING THE CONTRACT FOR THE HANDICAP RAMP
REPLACEMENT PROGRAM (2014 CDBG PROJECT), BID #14-047, IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED FIFTEEN THOUSAND SIX
HUNDRED FORTY FOUR DOLLARS ($115,644.00), AND AUTHORIZING THE
MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY
CLERK TO ATTEST THERETO.
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Streets and Fleet Director Joe Smith.
Streets and Fleet Director Joe Smith explained that this Resolution will award the formal bid for the
Handicap Ramp Replacement Program to the lowest most responsive and responsible bidder Noraa
Concrete Construction Corp. in an amount not to exceed $115,644.00. The work includes the removal
and completion of non-compliant handicap ramps with ADA compliant handicap ramps. This continues
the work that has been done the past four (4) or five (5) years. This program follows the Davis-Bacon
Act which controls wage rates that are used on the project. Procurement has been in contact with the
Adams County Grants Coordinator during this process for review of the bid documents and its
compliance with Davis-Bacon, review of the bids received and an agreement with the selected award
vendor. Four (4) firms submitted bids and they were within 25% of each other. Every bid received was
above the amount available for this project so the scope of work will be adjusted to match the bid
amount. Noraa Concrete has done work in the City with no issues and Procurement has verified they
are cleared to work in the City. Director Smith answered questions from Council regarding:
- Noraa being a local company.
- Work being done on the design to get the bid lower.
Motion by Councilmember Martinez, seconded by Councilmember Kreutzer, to approve
Resolution 2015-13. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Kreutzer, and Councilmember Martinez
Absent: 1 - Councilmember Baca
B. RESOLUTION APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO
ADAMS COUNTY FOR AN AMOUNT NOT TO EXCEED $983,650.00 FOR THE
"CFRT (COLORADO FRONT RANGE TRAIL) ALONG THE SOUTH PLATTE
RIVER" PROJECT AND TO AUTHORIZE THE CITY MANAGER TO SIGN THE
GRANT APPLICATION.
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle explained that this is an Adams County Open Space Grant
in the amount of $983,650.00 to construct the Colorado Front Range Trail. The City applied for a Great
Outdoors Colorado (GOCO) Grant last year in the amount of $650,000.00 for this project. This grant is
different than the GOCO grant in that the length of the trail has been extended. The GOCO grant
covered the trail from Ken Mitchell Park to E-470. A State Trails Grant was applied for last fall which
would take the trail from Southern Street to Ken Mitchell Park. Staff took both of the trail sections and
put them together and will now apply for one (1) grant from Adams County Open Space and the trail
will run from Southern Street along Erger's Pond to E-470. This will finish the Colorado Front Range
Trail from Veteran's Park to E-470. The City will need to contribute $510,000.00; the State Trails Grant
is about $110,000.00 for this 2.2 million dollar project.
Motion by Councilmember Kniss, seconded by Councilmember Humbert, to approve
Resolution 2015-14. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Kreutzer, and Councilmember Martinez
Absent: 1 - Councilmember Baca
C. RESOLUTION APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO
ADAMS COUNTY FOR AN AMOUNT NOT TO EXCEED $4,600 FOR THE
CARMICHAEL PARK TREE PLANTING PROJECT, AND TO AUTHORIZE THE
CITY MANAGER TO SIGN THE GRANT APPLICATION.
Mayor McLean read the title of the Resolution into the record.
Parks and Recreation Director Gary Wardle explained that this application is for an Adams County
Open Space Mini Grant in the amount of $4,600.00. When Carmichael Park was built there were
supposed to have been fifty-five (55) trees planted between the Park and Libretto. At the time there
were not sufficient funds to complete the planting in the area. This mini-grant will help purchase some
of the trees; others will be donated from the City's tree farm. The Greater Brighton Neighborhood
Volunteers will help to plant the trees.
Motion by Councilmember Kreutzer, seconded by Mayor Pro Tem Wallin, to approve Resolution
2015-15. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Kreutzer, and Councilmember Martinez
Absent: 1 - Councilmember Baca
8. UTILITIES BUSINESS ITEMS
9. GENERAL BUSINESS
10. REPORTS
A. By the Mayor.
Mayor McLean attended the Adams County Economic Development Board meeting, a ribbon cutting at
Brookdale, an RTD breakfast with local Mayors and County officials, an ADCOG Executive Committee
breakfast and the retirement ceremony for Division Chief John Schissler with the Brighton Fire Rescue
District.
B. By Department Heads.
C. By the City Attorney.
D. By the City Manager.
11. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Kniss attended the swearing in ceremony for the new Adams County officials, and the
Capital Facility Fee Foundation meeting with some local developers and the Board of Education. The
Legacy Foundation awarded grants totaling $90,000.00 and presented a check today to the Rocky
Mountain Bird Observatory for help with their youth camps and education. The City of Brighton will be
announcing its Big Little Idea Contest and there is already a lot of interest.
Councilmember Kreutzer attended the retirement celebration for John Schissler, the inauguration of the
Adams County Commissioners and the Sister Cities planning meeting. The Sister Cities Dinner and
Auction will take place at the Recreation Center on February 7, 2015.
Councilmember Martinez attended the retirement for John Schissler, it was a great event and he will be
missed. Councilmember Martinez attended the inauguration for the Adams County Commissioners;
Councilmember Martinez congratulated former Mayor Jan Pawlowski and knows that she will continue
to represent Brighton well. The Brighton Housing Authority has a lot going on and they continue to
provide affordable housing to residents and improve life for the citizens of Brighton.
Councilmember Edwards attended the Senior Advisory Board meeting and City Manager Intern
Murphy Robinson presented information regarding the Georgetown University Energy Prize. The
Senior Advisory Board discussed developing a small task force to help contribute to this project. The
annual Spaghetti Dinner tickets are on sale for March 7th from 11:00 a.m. to 2:00 p.m. and the money
raised helps support the many members of the Eagle View Adult Center that participate in the Senior
Games.
Mayor Pro Tem Wallin reported that several members of the Youth Commission are preparing for their
participation in the Cherry Creek Diversity Conference and several members will be facilitating training
for the conference. Mayor Pro Tem Wallin attended the swearing in ceremony for the Adams County
officials. Mayor Pro Tem Wallin thanked Brighton Fire Rescue District Chief Bodane and several
firefighters for spending time with the students at Foundations Academy. Mayor Pro Tem Wallin
attended the ribbon cutting at Brookdale.
Mayor McLean attended the annual retreat for the Mayors Caucus at Chautauqua Park.
Councilmember Humbert attended the Adams County Economic Development meeting and the topic
was that farming continues to grow steadily in Colorado. Councilmember Humbert attended the Market
Day meeting to plan for this year and also attended the retirement celebration for John Schissler; it
was great to see the lives that he has touched.
Councilmember Bell thanked Councilmember Martinez for attending the Brighton Housing Authority
meeting in his place.
Mayor McLean announced that Robert Sakata will be honored on the 29th by the Colorado Business
Hall of Fame for Farming; he has done so much for the Brighton community.
12. EXECUTIVE SESSION
13. ADJOURNMENT
Motion by Councilmember Martinez, seconded by Mayor Pro Tem Wallin, to adjourn at 8:45
p.m. Motion passed by the following vote:
Aye: 810 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Kreutzer, and Councilmember Martinez
Not Present: 1 - Councilmember Baca
CITY OF BRIGHTON, COLORADO
_______________________________
Richard N. McLean, Mayor
ATTEST:
_______________________________
Natalie Hoel, City Clerk
_______________________________
Approval Date