City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, April 2, 2024
6:00 PM
Council Chambers
City Council
MAYOR - GREGORY MILLS
MAYOR PRO TEM - PETER PADILLA
COUNCIL MEMBERS:
CHRIS FIEDLER, TOM GREEN,
MATT JOHNSTON, JAN PAWLOWSKI,
JIM SNYDER, ANN TADDEO, LLOYD WORTH
1. CALL TO ORDER
Mayor Mills called the meeting to order at 6:01 p.m.
A. Pledge of Allegiance to the American Flag
Mayor Pro Tem Padilla led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember
Green, Councilmember Johnston, Councilmember Pawlowski,
Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth
2. CONSENT AGENDA
A. Approval of the March 5, 2024 City Council Minutes
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE PROPOSAL OF DURAN EXCAVATING, INC. AND
APPROVING THE PROCUREMENT OF CONSTRUCTION SERVICES FOR THE SOUTH OUTFALL PHASE II CULVERTS, FOR THE CONTRACT AMOUNT OF TWO MILLION NINE HUNDRED SIXTY-SIX THOUSAND TWO HUNDRED NINETY-FOUR DOLLARS ($2,966,294), AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE CONTRACT ON BEHALF OF THE
CITY
Resolution No. 2024-40
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING CHANGE ORDER #1 TO THE CONTRACT WITH AMERICAN WEST CONSTRUCTION, LLC FOR THE NORTH 10TH AVENUE AND MIDLAND STREET STORM IMPROVEMENTS PROJECT IN THE AMOUNT OF ONE HUNDRED THIRTY THOUSAND THREE HUNDRED ELEVEN DOLLARS ($130,311), AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE CHANGE ORDER ON BEHALF OF THE CITY
Resolution No. 2024-41
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING JOHNNY C. BARAJAS THE PRESIDING MUNICIPAL JUDGE, LIQUOR AUTHORITY, MARIJUANA AUTHORITY, AND HEARING OFFICER, AND SETTING COMPENSATION
Resolution No. 2024-42
Motion by Councilmember Green, seconded by Mayor Pro Tem Padilla, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember
Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember
Snyder, Councilmember Taddeo, and Councilmember Worth
3. APPROVAL OF REGULAR AGENDA
Motion by Councilmember Pawlowski, seconded by Councilmember Taddeo, to approve the Regular Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember
Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember
Snyder, Councilmember Taddeo, and Councilmember Worth
4. CEREMONIES
A. Child Abuse Prevention Month Proclamation
Mayor Pro Tem Padilla read the Proclamation into the record.
B. United Power 85th Anniversary Proclamation
C. Sexual Assault Awareness Month Proclamation
Councilmember Taddeo read the Proclamation into the record.
D. National Crime Victims' Rights Week Proclamation
Councilmember Worth read the Proclamation into the record.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA
(Speakers limited to three minutes)
David Gill expressed concern that South Beebe Draw is charging a stormwater drainage fee and asked if they have the authority to charge fees.
John Lindberg asked the city to consider allowing marijuana businesses in all zone districts.
Tom Lampo prayed for the city.
6. PUBLIC HEARINGS
7. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, GRANTING A PERPETUAL EASEMENT TO PUBLIC SERVICE OF COLORADO, OVER A PORTION OF REAL PROPERTY LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 6, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID EASEMENT ON BEHALF OF THE CITY
Mayor Mills read the title of the Ordinance into the record.
Motion by Councilmember Green, seconded by Mayor Pro Tem Padilla, to approve Ordinance 2447. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember
Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember
Snyder, Councilmember Taddeo, and Councilmember Worth
8. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION, AND SETTING A PUBLIC HEARING FOR MAY 21, 2024, TO DETERMINE IF THE PROPOSED APPROXIMATE 4.918 ACRE PROPERTY, TO BE KNOWN AS THE OTTEN ANNEXATION, COMPLIES WITH STATUTORY REQUIREMENTS FOR SUCH ANNEXATION
Mayor Mills read the title of the Resolution into the record.
Senior Planner Summer McCann presented the Otten Annexation Petition for Substantial Compliance. The property is generally located to the north of East 136th Avenue, south of Prairie Center Parkway, east of South 27th Avenue, and west of I-76 and is approximately 4.91 acres. City Council must find that the petition complies with the Colorado Revised Statutes §31-12-107 and must consider a resolution to set the date for a public hearing. Staff has found that the petition meets the listed requirements. C.R.S. §31-12-104 includes the requirements for annexation eligibility including contiguity and community of interest. This property is 100% contiguous and is capable of being urbanized in the near future and is capable of being integrated through zoning, platting and can be adequately served by city utilities. The property is currently zoned A-2 (Agriculture-2) through Adams County. The subject property is designated as commercial in the Comprehensive Plan and is within the city’s growth boundary. If City Council determines that the Annexation Petition complies with the statutory provisions, they will approve a resolution finding substantial compliance and set a public hearing to determine if the annexation meets the statutory requirements. Staff will prepare and publish the notice of public hearing and the public hearing will be held. Staff finds that the Annexation Petition meets the requirements outlined in C.R.S. §31-12-107 for substantial compliance and that May 21, 2024 is an appropriate date for the public hearing on the annexation. Publication and notification of the future public hearing will be provided to all applicable entities as required by C.R.S §31-12-108.
Motion by Mayor Pro Tem Padilla, seconded by Councilmember Fiedler, to approve Resolution 2024-43. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember
Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember
Snyder, Councilmember Taddeo, and Councilmember Worth
9. UTILITIES BUSINESS ITEMS
10. GENERAL BUSINESS
A. City Council Charter Committee Discussion
Motion by Mayor Pro Tem Padilla, seconded by Councilmember Pawlowski, to create an ad hoc committee for the purpose of reviewing the City of Brighton Charter eligibility requirements for new Councilmembers and appoint Councilmember Taddeo and Councilmember Worth to serve on the ad hoc committee and make recommendations to City Council. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember
Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember
Snyder, Councilmember Taddeo, and Councilmember Worth
11. REPORTS
A. By the Mayor
Mayor Mills attended the NATA meeting, the DRCOG meeting, the Allo ribbon cutting, the Pickled Pepper Anniversary celebration, the Move with the Mayor event, Chamber Day at the state capital and the State of the City.
B. By Department Directors
C. By the City Attorney
D. By the City Manager
City Manager Michael Martinez presented the Board & Commission vacancies.
E. By City Council
Councilmember Fiedler attended the Lochbuie Sewer Board meeting.
Mayor Pro Tem Padilla attended the State of the City and announced that the CASA Light of Hope luncheon is April 11th.
Councilmember Taddeo attended the State of the City.
Councilmember Green announced that Almost Home Gala raffle tickets are on sale.
Councilmember Worth attended the Youth Commission meeting.
12. EXECUTIVE SESSION
A. Motion by Mayor Pro Tem Padilla, seconded by Councilmember Fiedler, to go into Executive Session at 6:52 p.m. for Legal Advice - Litigation Update Pursuant to C.R.S. Section 24-6-402(4)
(b) and Charter Section 5.4(C)(3). Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember
Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember
Snyder, Councilmember Taddeo, and Councilmember Worth
B. Motion by Mayor Pro Tem Padilla, seconded by Councilmember Pawlowski, to go into Executive Session at 6:54 p.m. for Negotiations - Economic Development Incentives pursuant to C.R.S. Section 24-6-402(4)(e) and Charter Section 5.4(C)(1) to determine a position on matters that may be subject to negotiations and to instruct negotiators. Motion passed by the following vote:
Aye: 9 - Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember
Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember
Snyder, Councilmember Taddeo, and Councilmember Worth
Mayor Mills reconvened the meeting at 8:20 p.m.
13. ADJOURNMENT
Mayor Mills adjourned the meeting at 8:21 p.m.
CITY OF BRIGHTON, COLORADO
_____________________________
Gregory Mills, Mayor
ATTEST:
______________________________
Natalie Hoel, City Clerk
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Approval Date