City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, December 16, 2014
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.
Councilmember Humbert 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
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Humbert, to approve the
Consent Agenda. 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
A. Approval of the October 21, 2014 City Council Minutes
B. Approval of the November 18, 2014 City Council Minutes
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AUTHORIZING CERTAIN EMPLOYEES OF THE CITY TO SIGN ON
THE CITY'S FINANCIAL ACCOUNTS.
Resolution 2014-110
3. APPROVAL OF REGULAR AGENDA
City Manager Esquibel asked that the Regular Agenda be amended to add an Executive Session.
Motion by Councilmember Kniss, seconded by Councilmember Kreutzer, to approve the
Regular Agenda as amended. 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. Youth Commission Presentation on NLC Conference
Youth Services Manager Tawnya Russell reported that the Youth Commission members are great to
travel with and always represent the City well. The Youth Commission members introduced
themselves and gave City Council an update on the National League of Cities Conference.
B. Turkey Trot Recognition & Presentation to Senior Advisory Board
City Manager Esquibel introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle reported that the Turkey Trot was a great success.
Recreation Manager Jeffrey Hulett presented a "Be a Star Award" to Valerie Rodriguez for all of her
hard work putting together the biggest Turkey Trot ever with 1,212 racers and sponsorships that have
grown each year.
General Interest Coordinator Valerie Rodriguez reported that this was the 30th year for the Turkey Trot
and it has grown from 406 participants in 2008 to 1,212 participants in 2014. Ms. Rodriguez thanked
the sponsors for their continued support. The Brighton Recreation Center presented a check in the
amount of $10,000.00 to the Senior Advisory Board.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA
(Speakers limited to five minutes)
Vicki Frese, 270 North Main Street, Brighton, Colorado. Ms. Frese was following up on a concern she
brought to City Council previously regarding homeless citizens in Brighton and asked what the City will
be doing to help this situation.
6. ORDINANCES FOR INITIAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING THE LEASE OF A 13.6 ACRE PARCEL OF CITY
OWNED LAND IN ELMWOOD CEMETERY TO PETROCCO FARMS, INC;
SETTING OUT THE TERMS OF SAID LEASE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID LEASE ON BEHALF OF THE CITY
Mayor McLean read the title of the Ordinance into the record.
City Manager Esquibel introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle explained that the following six (6) Ordinances will lease
six (6) different parcels of land in the City for farming for five (5) year terms with the option to renew for
an additional five (5) years. These were advertised through a public Request for Proposal process and
the City did receive RFP's on all six (6) properties individually.
The Elmwood property is thirteen (13) acres on the south side of Elmwood Cemetery. Until it is needed
for cemetery land it can be leased for farming. The City will receive $2,700.00 annually for the lease
payment on this property from Petrocco Farms. Director Wardle answered questions from Council
regarding:
- Where the water supply comes from for this property.
- How long it took for the RFP process.
Motion by Councilmember Humbert, seconded by Councilmember Baca, 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING THE LEASE OF A 92.5 ACRE PARCEL OF CITY
OWNED LAND, THE "COLE PROPERTY", TO DAVID AND RHONDA LOEFFLER;
SETTING OUT THE TERMS OF SAID LEASE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID LEASE ON BEHALF OF THE CITY
Mayor McLean read the title of the Ordinance into the record.
Parks and Recreation Director Gary Wardle reported that the Cole property located at 2401 East
Bridge Street is 92.5 acres. This property has a house located on it and the City will receive $1,000.00
per month for the house and $2,978.00 per year for the farmable land. The Loeffler's will be taking care
of the out buildings, raise cattle and will hay the property and the City will assist in the maintenance of
the main house. The City will paint and replace siding on the main house in the next year. The lease is
with Dave and Rhonda Loeffler and there is no water associated with this property. Director Wardle
answered questions from Council regarding:
- The reason for the difference in the cost per acre between the different properties.
Motion by Councilmember Baca, 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
C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING THE LEASE OF A 34.3 ACRE PARCEL OF CITY
OWNED LAND, THE "EAGLE PRESERVE PROPERTY", TO GIANNA'S CUSTOM
HAY, FRANK SERAFINI; SETTING OUT THE TERMS OF SAID LEASE; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LEASE ON BEHALF OF
THE CITY
Mayor McLean read the title of the Ordinance into the record.
Parks and Recreation Director Gary Wardle reported that this property is located at 16200 East 144th
Avenue and the City just finished the acquisition of this property in June, 2014. Frank Serafini has
been farming this property for years raising alfalfa. The future use for this land will be open space, but
until the entire 200 acres of open space is developed this portion of land can be leased and this will
keep the Parks and Recreation staff from having to mow and maintain the property. Frank Serafini will
lease the land for $1,810.00 per year. There are some dilapidated homes on the property which the
City will demolish in January. Mr. Serafini will seed that portion of the property so the payment for the
first year will be $1,310.00 and go up to $1,810.00 the remaining four (4) years. There is no water
associated with this property.
Motion by Councilmember Edwards, seconded by Councilmember Kreutzer, 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
D. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING THE LEASE OF A 44.3 ACRE PARCEL OF CITY
OWNED LAND, THE "LETTERLY (ROBINSON) NORTH PROPERTY", TO
PETROCCO FARMS, INC. AND BERRY PATCH FARMS, LLC, AS CO-TENANTS;
SETTING OUT THE TERMS OF SAID LEASE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID LEASE ON BEHALF OF THE CITY
Mayor McLean read the title of the Ordinance into the record.
Parks and Recreation Director Gary Wardle explained that this is the City's first attempt to see how
successful it can be at ag land preservation. This property was known as the Robinson property but
the original owners were the Letterly's so it will be known by its historic name. The property is located
at 144th Avenue and Potomac Street on the north side of 144th. There are fifty (50) shares of Fulton
Ditch water associated with this property and the tenants will reimburse the City for the costs that are
charged by the Fulton Ditch company to maintain the ditch. The City will receive $6,688.00 per year for
the lease of the property in the third year of the lease. Since the property has not been farmed in years
it will take at least two (2) years to work the land and make it productive so the lease fee will be waived
the first year and half of the lease fee will be waived the second year. This is a co-lease between
Petrocco Farms and Berry Patch Farms to do some organic gardening with water conserving drip
irrigation.
Motion by Councilmember Kniss, seconded by Mayor Pro Tem Wallin, 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
E. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING THE LEASE OF A 31.4 ACRE PARCEL OF CITY
OWNED LAND, THE "LETTERLY (ROBINSON) SOUTH PROPERTY", TO
AUTUMN NURSERY, LLC; SETTING OUT THE TERMS OF SAID LEASE; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LEASE ON BEHALF OF
THE CITY
Mayor McLean read the title of the Ordinance into the record.
Parks and Recreation Director Gary Wardle explained that this property is located on the south side of
144th Avenue at Potomac Street and consists of 31.4 acres. This property has thirty (30) shares of
Fulton Ditch and also a Central Colorado Water Conservancy District well. The lease is with Autumn
Landscape LLC and the City purchased the land from them approximately three (3) years ago. Autumn
Landscape would like to use both water sources to irrigate their land and the property will continue to
be used as a nursery. There is a large shop building on the property that they will lease for $1,500.00
per month and they will pay the City $3,645.00 per year as the lease payment. The City will also be
provided with the nursery that can be used as a source of trees to be used in City parks and
Right-of-Ways. The City will purchase two hundred (200) trees per year for three (3) years for a total of
six hundred (600) trees that can be moved for planting in three (3) to four (4) years. Autumn Landscape will dig
and burlap the trees when the City is ready to plant them.
Motion by Councilmember Martinez, seconded by Councilmember Kreutzer, 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
F. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING THE LEASE OF A 39.8 ACRE PARCEL OF CITY
OWNED LAND, THE "STEGMAN PROPERTY", TO PETROCCO FARMS, INC;
SETTING OUT THE TERMS OF SAID LEASE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID LEASE ON BEHALF OF THE CITY
Mayor McLean read the title of the Ordinance into the record.
Parks and Recreation Director Gary Wardle explained that the Stegman property is located at 14771
Chambers Road, consists of 39.8 acres and has fifty (50) shares of Fulton Ditch water associated with
it. Petrocco Farms will reimburse the City for the cost of the Fulton shares and will pay $7,000.00 per
year for the lease on the property. There is a small house on the property and that will be used to
house farm laborers in the summer. This is the second renewal of this lease to Petrocco Farms.
Director Wardle answered questions from Council regarding:
- This lease having the possibility to renew in five (5) years.
Motion by Councilmember Bell, seconded by Mayor Pro Tem Wallin, 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
7. ORDINANCES FOR FINAL CONSIDERATION
A. 2186 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO AMENDING SECTION 1-27-40, FEES AND CHARGES, OF THE
BRIGHTON MUNICIPAL CODE TO AMEND FEES CHARGED FOR TIME
REQUIRED TO RESEARCH, RETRIEVE, COPY AND/OR REDACT RECORDS
PRODUCED IN RESPONSE TO REQUESTS MADE UNDER THE COLORADO
OPEN RECORDS ACT; AND SETTING FORTH DETAILS RELATED THERETO
Mayor McLean read the title of the Ordinance into the record.
City Manager Esquibel explained that this is the final reading of the Ordinance and there have not been
any changes since first reading.
Mayor McLean asked if there were any comments from the audience on the second reading of the
Ordinance, there were none.
Motion by Councilmember Edwards, seconded by Councilmember Martinez, to approve
Ordinance 2186. 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. 2187 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AMENDING SECTION 2-4-10. ELECTION OF MEMBERS AND TERM
OF THE BRIGHTON MUNICIPAL CODE BY THE ADDITION OF A NEW
SUBPARAGRAPH (C) RELATED TO THE FILING AND CONSIDERATION OF
PROTESTS AS TO THE NOMINATION AND QUALIFICATIONS OF THE MAYOR
AND MEMBERS OF THE CITY COUNCIL; AND, SETTING FORTH DETAILS IN
RELATION TO THE FOREGOING
Mayor McLean read the title of the Ordinance into the record.
City Manager Esquibel introduced City Attorney Margaret Brubaker.
City Attorney Margaret Brubaker explained that this is the second reading of the Ordinance. This is the
second step of the process that Council directed be put into effect. The Ordinance will be effective five
(5) days after final publication. If the procedures set forth on pages 3 and 4 of the Ordinance are
acceptable, a Resolution will be drafted to amend the City Council Rules and Procedures to include
these changes. With these changes in place if the issue that was previously brought before Council
were to be brought before Council again it would be appropriate to act according to these rules. If a
protest or complaint is received Council can decide at that time what action to take.
Motion by Councilmember Kniss, seconded by Councilmember Humbert, to approve Ordinance
2187. 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. 2014-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRIGHTON, COLORADO APPROVING THE DEFINED BENEFIT PLAN
SELECTION FOR ACTIVE MEMBERS OF THE STATEWIDE HYBRID
PLAN-MONEY PURCHASE COMPONENT; AUTHORIZING THE CITY CLERK TO
FORTHWITH PROVIDE A COPY OF THIS RESOLUTION TO THE FPPA; AND
SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Human Resources Director Karen Borkowski Surine.
Human Resources Director Karen Borkowski Surine explained that this Resolution will allow approval
of the defined benefits selection for active re-entry members of the State hybrid plan money purchase
component. In January, 2005 Council approved coverage of the FPPA Defined Benefit System for the
sworn officers and at that time eligible employees selected a program or chose not to participate.
Some individuals that chose not to participate at that time have reconsidered and would like to be
informed of their options. FPPA and the Board approved an opportunity for active re-entry members to
look at these components again and the next step is for the City to allow that election to happen. If the
election is allowed they have until February 26, 2015 to make their decision and it would be effective in
May, 2015. There is no cost to the City for this program. Director Borkowski Surine answered
questions from Council regarding:
- The employees getting a chance to get counsel regarding this change.
Motion by Councilmember Martinez, seconded by Councilmember Baca, to approve Resolution
2014-111. 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 AMENDING CERTAIN ACCOUNTS IN THE PARKS AND
RECREATION CAPITAL FUND AND APPROPRIATING MONEY FOR
EXPENDITURE FOR THE NORTH ELEMENTARY-MALCOM PARK PLAY YARD
PROJECT (PROJECT #90410) IN THE AMOUNT OF $23,000.
Mayor McLean read the title Items 8B and 8C into the record.
City Manager Esquibel introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle explained that this action will award a contract for the play
yard at North Elementary/Malcom Park. This will be a joint project between the City and School District
27J. The project was advertised and the lowest most responsive bidder was Colorado Designscapes in
the amount of $294,390.00. The base bid for the project was $278,428.00 and then there were three
(3) alternatives that staff would like to accept. The first and largest is for $13,700.00 to put a new roof
on the picnic shelter that is currently in Malcom Park and is in bad shape. This work was not included
in the original project and not included in the grant funds, but staff feels it is important to complete this
to know that the park will look nice when the new playground is completed. Second, staff is looking at
including a mow strip for $1,922.00; and third, the School District is building an outdoor classroom
adjacent to North Elementary. Part of this outdoor classroom will have a large picture of the United
States painted in the concrete so the City would like to put directional blocks around the United States
so the kids know what direction they are looking. The School District will be paying the $340.00 for the
directional blocks. The original budget was $280,846.00 and with the three (3) add alternates it takes
the cost of the project to $294.390.00. The City received an Adams County Open Space grant in the
amount of $95,330.00; a Great Outdoors Colorado grant in the amount of $100,000.00. School District
27J will provide $37,840.00 and will also do $16,016 in in-kind work including construction of an
entrance arch, some work on the outdoor classroom and the installation of a swing set that was
previously removed. The City will be providing $27,500.00 and an additional $3,500.00 in in-kind work
including tree planting and some fence work. This will be a unique playground when it is finished with
concrete logs and stepping stones. The children were asked to participate in the design process for
this project. The first Resolution is asking for a change order of $23,000.00, $13,700.00 will pay for the
new roof and $9,300.00 for a contingency fund for the underground work. Director Wardle answered
questions from Council regarding:
- Part of the money coming from the Benedict Park account.
Motion by Mayor Pro Tem Wallin, seconded by Mayor McLean, to approve Resolution 2014-112.
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. 2014-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRIGHTON, COLORADO, ACCEPTING THE BID OF DESIGNSCAPES
COLORADO INC. AND AWARDING THE CONTRACT FOR THE NORTH
ELEMENTARY - MALCOM PARK PLAY YARD PROJECT, BID #14-043, TO
DESIGNSCAPES COLORADO INC. COLORADO INC. IN AN AMOUNT NOT TO
EXCEED TWO HUNDRED NINETY FOUR THOUSAND THREE HUNDRED
NINETY DOLLARS ($294,390.00), AND AUTHORIZING THE MAYOR TO SIGN
THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST
THERETO.
Motion by Councilmember Kreutzer, seconded by Councilmember Humbert, to approve
Resolution 2014-113. 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. 2014-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRIGHTON, COLORADO, ACCEPTING THE BID OF HUNT CONSTRUCTION
CONSULTING & MANAGEMENT, INC. AND AWARDING THE CONTRACT FOR
THE WATERLINE CONSTRUCTION AT SOUTHERN STREET PROJECT,
BID#14-056 TO HUNT CONSTRUCTION CONSULTING & MANAGEMENT, INC. IN
AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY FOUR THOUSAND FOUR
HUNDRED THIRTY DOLLARS ($164,430.00), 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 requested Council approval of a formal bid for the waterline
construction at Southern Street to the lowest most responsive and responsible bidder. This
construction project is a necessary piece of the Southern and Tower construction. This is a 24"
waterline which supplies the whole west side of the City. The waterline runs across Tower Road from a
little bit to the west of Tower Road over to several hundred feet to the east. This is not a complicated
project but in order to complete the project grading, excavating and removal of the old waterline must
be completed. Nine (9) bids were received; one (1) bid was rejected because they did not spec the
correct pipe so the lowest most responsive and responsible bidder is Hunt Construction Consulting &
Management, Inc. in an amount not to exceed $164,430.00. The estimated cost for this project was
$200,000.00. Director Smith answered questions from Council regarding:
- This work fixing the issue with having to lower the road.
- The anticipated start time for this project.
- The effect on traffic at this intersection.
- The intersection being closed.
Motion by Councilmember Bell, seconded by Councilmember Kniss, to approve Resolution
2014-114. 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
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT
REGARDING LOCAL FOOD PRODUCTION DISTRICT AND BRIGHTON SOUTH
SUB-AREA PLAN UPDATE (IGA) BETWEEN THE CITY OF BRIGHTON AND
ADAMS COUNTY, REGARDING THE CREATION OF A LOCAL FOOD DISTRICT;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON
BEHALF OF THE CITY OF BRIGHTON; 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 this Resolution approves an
Intergovernmental Agreement (IGA) with Adams County regarding a Local Food District Plan. There
are provisions within the Adams County Open Space Parks and Trails Master Plan and the City's
South Sub-Area Plan related to agriculture, and agricultural preservation and agri-tourism in this area.
The concept behind a local Food District Plan would be to hire a consultant jointly by the City and
Adams County to hold public open houses and outreach with property owners, stakeholders, citizens,
and county residents to determine the future use of the properties in this area regarding development or
preservation. This Resolution approves the City to enter into an IGA with Adams County
for this Local Food District Plan. The IGA generally sets forth how the cost and responsibilities will be
shared between the City of Brighton and Adams County, the maximum amount the City will contribute
to the plan and sets forth the distinct roles that each partner will have. Adams County will be taking the
lead role on this project since it is a large part of their Open Space Trails and Parks Master Plan and
they will be contributing the majority of the funding. The area for this Food District Plan includes
property generally south of Bromley Lane, west of I-76, north of 112th Avenue and east of the Platte
River. It will be determined if this land is appropriate for agricultural preservation or appropriate for
development. Director Prather answered questions from Council regarding:
- This project being as high of a priority for Adams County as it is for Brighton.
Anne Anderson, 14605 Sable Blvd., Brighton. Ms. Anderson explained that she is here with several of
her neighbors and farmers in the area representing farmers south of Bromley Lane. Ms. Anderson
expressed her concern regarding the IGA with Adams County. Ms. Anderson presented a petition
signed by twelve (12) farmers in the area against this IGA. Ms. Anderson explained that there have
been studies done previously and it is not necessary to do another study of this area. Mayor McLean
asked when these studies were done. Ms. Anderson reported that there were two (2) studies done in
the past ten (10) years.
Director Prather answered questions from Council regarding:
- Staff being aware of the previous two (2) studies done for this area.
Craig Ritchie, 14031 Sable Blvd. Mr. Ritchie expressed his concern regarding this IGA. The farms in
this area are productive food growing farms today and have been for two hundred (200) years and it is
concerning to read about a study for "food production" in the newspaper, it is not right for the
landowners in the area.
City Manager Esquibel asked if Mr. Ritchie is concerned about being told what he can and cannot do
with his property in the future and Mr. Ritchie agreed that is the concern of the property owners in this
area. City Manager Esquibel explained that nobody is being told what to do with their property and
thanked the citizens for coming and expressing their concerns. There needs to be more dialogue with
all of the property owners. The intent of this process is to explore the concept to see if the Food
Production District is feasible. It is not the intention of Council or Adams County to impose anything
contrary to the rights of the property owners but to protect the area for continued use as it is today. The
City intends to engage in dialogue with all property owners to continue to discuss this process.
Councilmember Kreutzer is excited to see agriculture promoted in Brighton and would like to see this
be positive for the City and the local farmers while working together.
Councilmember Martinez expressed concern that Adams County may have more say in the outcome
of the plan since they will be contributing 75% of the cost to this study. Councilmember Martinez feels
that the local farmers need to be at the table during these discussions and was surprised that they
have not already been involved in discussions.
Director Prather explained that this is not a new concept, it was discussed in the South Sub-Area Plan,
the City's Ag Committee studied this and Adams County had redone their Open Space and Trails
Master Plan. Discussing future land use can be controversial and finding the right fit for everyone can
be a difficult balance to achieve. Mr. Ritchie expressed his concern that the City will tell him what he
can do with his property. Director Prather hopes that this plan will come up with the best use for the
land and the future of the City.
Assistant City Manager of Development Marv Falconburg reported that the Comprehensive Plan has
changed since 1994 from development to adding certain portions of agricultural land in this area.
This happened through discussions with City staff, County staff, members of the community and the
City's Ag Committee. This Resolution is to approve a study for the area and does not take away or give
any rights for the properties in the area; this only finds common ground as the City and County grow
to find a plan that makes sense for everyone involved. This community strongly values agriculture and
nobody wants to take anything away from anyone. It is the City's and County's responsibility to plan
properly for growth and to get a return on the investment of infrastructure in this area.
Mayor McLean suggested that this item be tabled and a meeting be set to discuss this plan with all
interested parties and why it will be beneficial for everyone.
Councilmember Baca served on the Ag Committee and explained that one thing she learned is that the
City is not trying to take away anyone's rights as landowners. This IGA is the first step in a process to
hold public meetings for stakeholders and development for this area. The City does want to utilize the
infrastructure that was placed in this area and also helped to increase property values for the
landowners. There are issues that the City must overcome like water and transportation and this IGA is
just setting out what the roles are for the City and Adams County. There are a lot of strong feelings
regarding these issues from landowners, community members and elected officials. The Open Space
Tax is going to sunset unless the County decides to extend it and it is important to get something done.
Councilmember Kniss explained that she sees this as an opportunity to bring everyone to the table to
discuss these issues including the Ag Committee.
City Manager Esquibel reported that this is an IGA between the City and the County so it is important
that Adams County be part of this discussion also.
Motion by Councilmember Martinez, seconded by Mayor Pro Tem Wallin, to table Item 8E. Motion passed by the following vote:
Vote????
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kreutzer, and Councilmember Martinez
No: 1 - Councilmember Kniss
F. RESOLUTION APPROVING TEMPORARY DEFERRAL OF DEVELOPMENT
IMPACT FEES FOR NEW RESIDENTIAL CONSTRUCTION
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Assistant City Manager of Development Marv Falconburg.
Assistant City Manager of Development Marv Falconburg explained that this item approves a
temporary deferral of development impact fees for new residential development. This was done during
the economic downturn in 2009 and it has been extended for the past four (4) years. At this time the City has
issued one hundred eighty-three (183) permits which is below the typical rate that was issued prior to
2009. This program defers the fees to the end of the project instead of being due at the beginning of
the project and 23% of the people pulling permits have utilized the program; these are typically smaller
developers in the community or multi-family projects and the builders appreciate this program. Staff is
asking for this program to be extended another year. There is no reduction to the fees so the City does
not lose any money. The City has a sophisticated software system to track the fees so there will not be
a mishap in the collection of these deferred fees.
Motion by Councilmember Edwards, seconded by Councilmember Kreutzer, to approve
Resolution 2014-115. 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
G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO SETTING FORTH THE CITY OF BRIGHTON, COLORADO,
INVESTMENT POLICIES; DESIGNATING THE CITY MANAGER, OR THE CITY
MANAGER'S DESIGNEE, AS THE CITY OFFICIAL WITH INVESTMENT
AUTHORITY AND OVERSIGHT SUBJECT TO THE AUTHORITY OF THE CITY
COUNCIL; AND SETTING FORTH OTHER DETAILS RELATED THERETO.
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Finance Director Dan Frelund.
Finance Director Dan Frelund explained that this Resolution approves investment policies for the City;
the current policy was adopted in 2010. The purpose of the investment policy is to invest funds in
accordance with the requirements of the City and meet needs of liquidity, working capital and financing
for the present and future operations of the City and to conform to federal, state and local Statutes
governing investments and funds. The City follows best practices with respect to the management of
public funds to meet the following investment objectives: safety of principal and sufficient liquidity to
meet known cash flow requirements and yield achieving a market rate of return. The City must legally
follow the investment parameters dictated by the C.R.S. Section 24-75-601.1. The changes to the
policy include adding the following sections: Diversification, Competitive Transactions, Selection of
Broker Dealers, Safekeeping and Custody, Performance Review and Reporting Requirements. The
following sections were expanded: the Scope, the Policy on Pooled Investments, Delegation of
Authority and Internal Controls, and Authorized Investments in Transactions. There is also an
Appendix in tabular form. These sections provide guidelines for the processes and procedures
involved with investing the City's funds and establish specific parameters for each eligible fund type.
The following sections were re-written to be more comprehensive, specific or easy to understand: the
Investment Objectives, Prudence and Standards for Investment, Investment Maturity and Liquidity
Requirements and Selection of Depository and Custodial Banks. The Investment Policy has been
expanded and clarified following State Statutes.
Motion by Councilmember Martinez, seconded by Councilmember Humbert, to approve
Resolution 2014-116. 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
H. 2015 ADOPTED FEE RESOLUTION.
RESOLUTION CHANGING AND RATIFYING CERTAIN FEES
AND CHARGES ASSESSED BY THE CITY OF BRIGHTON
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Finance Director Dan Frelund.
Finance Director Dan Frelund explained the changes to the 2015 Fee Resolution. Cemetery: addition
of definition for full size burial plots; a new section regarding pre-payment plans; new rates for adult
grave sites, perpetual care and open and close; a new tier rate for columbarium niches; two (2) new
sections memorial stone/bench placement fee; and value priced lots. Public Works: right-of-way
construction permit fee structure; any and all permits issued for work that will be completed in the
public right-of-way should be processed based on the estimated project valuation; all right-of-way
construction projects will be bonded at 115%; sidewalk and street closures added; and permit fees
added. Community Development: conditional use type of review was clarified; new oil and gas facility
fees in section 18; charges for copies and maps have been removed from this section; building division
includes new building valuation data table; no change in rates; the grading permit section was removed
as grading permits have been incorporated into site improvements permits as rewritten within the
Public Works Standards; erosion and sediment control permit fees are now tiered. Recreation Center:
Oasis Family Aquatic Park and Eagle View Adult Center fees: a provision was added to allow the
Director to periodically offer promotional fees on membership passes to the Recreation Center;
increase in the daily admission; increase in punch pass; family pass to aquatic park decreased;
aerobic dance room rental fees increased; shelter rental fees increased; no school day camp or teen
night user fees were removed; Funshine summer camps fees increased; and personal training rate per
hour increased. Research and Retrieval Fees have been amended to not charge for the first hour of
research and charges for supervisory and management staff was decreased.
Motion by Councilmember Edwards, seconded by Councilmember Humbert, to approve
Resolution 2014-117. 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
I. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, PURSUANT TO AND IN ACCORDANCE WITH ORDINANCE NO.
1620 (THE "PACING ORDINANCE"), AS AMENDED BY ORDINANCE NO. 1664,
AS AMENDED BY ORDINANCE NO. 1720, TEMPORARILY SUSPENDING THE
IMPLEMENTATION OF THOSE PROVISIONS OF SAID ORDINANCE RELATING
TO THE PROCESS OF ESTABLISHING AND ALLOCATING A SPECIFIC NUMBER
OF RESIDENTIAL BUILDING PERMITS FOR CALENDAR YEAR 2015, AS MORE
FULLY SET FORTH HEREIN.
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 reported that pacing establishes the total number of
residential permits that will be issued by the City in the following year by subdivision. Typically
developers would submit a request at the end of the year for their allocation of permits for the following year and
the City Council would determine how many permits each developer would receive. Pacing was in
place from 2000 to 2004 and then the City Council began suspending the allocation provision in the Ordinance in 2004 for the
following year and has done so each year since. As in past years staff is recommending that the
Ordinance remain in place in case an immediate need arises to slow residential growth in the City.
Staff is requesting that a Resolution be approved to suspend the pacing allocation for 2015. The City has not
experienced the type of growth that it has had in the past which was close to between 500 and 900
permits per year. There have been 183 permits this year. Director Prather answered questions from
Council regarding:
- This action being taken so it is easier to reenact the Ordinance if necessary.
Motion by Councilmember Bell, seconded by Councilmember Humbert, to approve Resolution
2014-118. 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
A. RESOLUTION CHANGING AND RATIFYING CERTAIN FEES AND CHARGES
ASSESSED BY THE CITY OF BRIGHTON - 2015 UTILITY FEE RESOLUTION
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Finance Director Dan Frelund and Utilities Director Curt Bauers.
Finance Director Dan Frelund explained that the 2015 Utility Fee Resolution primarily incorporates
updates to the Utilities fees that were previously approved by Ordinance; there are updates to simple fees to
more closely match the cost and other minor updates to penalty charges.
Motion by Councilmember Martinez, seconded by Councilmember Kniss, to approve
Resolution 2014-119. 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
A. Cancel the December 23, 2014 Study Session Meeting
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Humbert, to approve Item 10A.
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. Schedule a Special Study Session on January 6, 2015 at 6:00 p.m. for a meeting
with RTD
Motion by Councilmember Kreutzer, seconded by Councilmember Kniss, to approve Item 10B.
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
11. REPORTS
A. By the Mayor.
Mayor McLean attended a reception for new legislators hosted by the Metro Mayors Caucus. Mayor
McLean chaired the E-470 board meeting on Thursday. A discussion hosted by the North Metro
Chamber of Commerce with Adams County legislators was informative. The Festival of Lights was
very well attended and the Youth Commission handed out candy canes. Brighton is proud of this
event.
B. By Department Heads.
Chief of Police Clint Blackhurst updated City Council on the Brighton Employees Charities gift events
coming up in the following weeks.
C. By the City Attorney.
D. By the City Manager.
City Manager Esquibel wished everyone Happy Holidays.
12. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Bell thanked Councilmember Martinez for filling in for him at the Housing Authority
meeting. Councilmember Bell acknowledged all veterans for making Brighton and this country what it is
today.
Councilmember Humbert thanked Greg Young for his many years of service on the Parks and
Recreation Advisory Committee. Councilmember Humbert thanked staff for their help with the City
Council float.
Councilmember Baca attended the NATA meeting and they had an election of board members. At the
Fire Board meeting the Fire District is offering the opportunity for Councilmembers to have a ride along
with them.
Mayor Pro Tem Wallin thanked Council and staff for a great year.
Councilmember Edwards attended the Festival of Lights and thanked the Police Department, staff and
volunteers for a safe and fun evening. The Turkey Trot was a huge success. The Senior Advisory
Board received over $20,000.00 in donations in memory of or in support of certain programs over the
past year.
Councilmember Martinez attended the Employee Awards Luncheon and it was a great event and
exciting that there was an employee that has been with the City for forty (40) years. Councilmember
Martinez attended the Valley Bank Fundraiser and it was a great event. The Festival of Lights event
was great and Councilmember Martinez has volunteered since 2006. Councilmember Martinez
thanked all of the volunteers and staff for helping with the event.
Councilmember Kreutzer reported that it has been a pleasure to serve the citizens of Brighton. The
City has a great Council and staff and is a great place to live.
Councilmember Kniss thanked Special Events and the Police Department for wonderful work during
the parade and thanked staff for all of their hard work this year. Councilmember Kniss thanked Council
for their positive comments on the strategic plan. There are pictures of Hughes Station and an article
about the housing crunch in the Sunday Denver Post.
13. EXECUTIVE SESSION
For a conference with the City Attorney for the purpose of receiving legal advice on specific legal
questions under C.R.S. Section 24-6-402(4)(b) regarding Oil and Gas.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Edwards, to go into Executive
Session at 9:35 p.m. Motion passed by the following vote:
Aye: 911 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
and Councilmember Kreutzer, Councilmember Martinez, Brubaker, and Esquibel
14. ADJOURNMENT
Motion by Councilmember Martinez, seconded by Councilmember Baca, to adjourn at 9:35 p.m.
Motion passed by the following vote:
Aye: 911 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
and Councilmember Kreutzer, Councilmember Martinez, Brubaker, and Esquibel
CITY OF BRIGHTON, COLORADO
_______________________________
Richard N. McLean, Mayor
_______________________________
Natalie Hoel, City Clerk
_______________________________
Approval Date