City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, February 20, 2018
7:00 PM
Council Chambers
City Council
MAYOR - KENNETH J. KREUTZER
MAYOR PRO-TEM - JW EDWARDS
COUNCIL MEMBERS:
LYNN BACA, CLINT BLACKHURST, MARK HUMBERT,
MATT JOHNSTON, GREGORY MILLS, MARY ELLEN POLLACK,
KIRBY WALLIN
1. CALL TO ORDER
Mayor Kreutzer called the meeting to order at 7:00 p.m.
A. Pledge of Allegiance to the American Flag
Mayor Kreutzer led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 7 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills, and Councilmember Pollack
Not Present/Excused: 2 - Councilmember Baca, and Councilmember Wallin
2. APPROVAL OF REGULAR AGENDA
City Manager Philip Rodriguez asked that the Regular Agenda be amended by removing Information Technology from the City Council Briefings, Item 10A.
Motion by Councilmember Humbert, seconded by Councilmember Johnston, to approve the Regular Agenda as amended. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills, and
Councilmember Pollack
Absent: 2 - Councilmember Baca, and Councilmember Wallin
3. CONSENT AGENDA
A. Approval of the January 16, 2018 City Council Minutes
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING AN OIL AND GAS LEASE (NO SURFACE OCCUPANCY) WITH PETRO OPERATING COMPANY, LLC +/- 61.1902 NET MINERAL ACRES IN CERTAIN PORTIONS OF SECTION 10 TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH P.M. ADAMS COUNTY, COLORADO; FINDING THAT THE TERMS OF SAID LEASE, INCLUDING A 21% ROYALTY RATE AND A FIVE THOUSAND DOLLAR ($5,000) PER MINERAL ACRE BONUS PAYMENT, ARE REASONABLE AND THAT IT IS IN THE BEST INTEREST OF THE CITY TO ENTER INTO SAID LEASE; AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE ON BEHALF OF THE CITY; AUTHORIZING THE CITY MANAGER TO UNDERTAKE SUCH TASKS AND EXECUTE SUCH DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT SAID LEASE; AND SETTING FORTH OTHER DETAILS RELATED THERETO
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, APPROVING AN INTERGOVERNMENTAL AGREEMENT 18-HA1-XC-00059 BETWEEN THE CITY OF BRIGHTON AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF VETERANS’ PARK WATER QUALITY PROJECT PWQ 0073-009 (21691) AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID INTERGOVERNMENTAL AGREEMENT ON BEHALF OF THE CITY
Resolution No: 2018-18
Motion by Councilmember Blackhurst, seconded by Councilmember Pollack, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills, and
Councilmember Pollack
Absent: 2 - Councilmember Baca, and Councilmember Wallin
4. CEREMONIES
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
6. PUBLIC HEARINGS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING THE FINAL SERVICE PLAN FOR BRIGHTON CROSSING METROPOLITAN DISTRICT NOS. 5-8 (PUBLIC HEARING, CONTINUED FROM DECEMBER 19, 2017)
Mayor Kreutzer read the title of the Resolution into the record.
City Manager Philip Rodriguez introduced Associate Planner Mike Tylka.
Associate Planner Mike Tylka explained that City staff, with consent from the applicant team, is requesting that this item be continued to the March 6, 2018 City Council meeting. One of the conditions placed on the conditional approval of the Districts’ Service Plan was that the Intergovernmental Agreement be agreed to. At this time, City staff and the applicant team have yet to find language agreeable to both parties. Staff will continue to work with the applicant team toward reaching an agreement prior to the meeting on March 6, 2018.
Motion by Councilmember Humbert, seconded by Mayor Pro Tem Edwards, to continue the public hearing to March 6, 2018. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills, and
Councilmember Pollack
Absent: 2 - Councilmember Baca, and Councilmember Wallin
7. ORDINANCES FOR INITIAL CONSIDERATION
8. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY OF BRIGHTON CITY COUNCIL, APPROVING THE
REZONING OF AN APPROXIMATELY 14.18 ACRE AREA OF LAND GENERALLY
LOCATED IN THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, FROM A ZONING DESIGNATION OF BP (BUSINESS PARK) TO A ZONING DESIGNATION OF C-3 (GENERAL RETAIL AND SERVICES)
Mayor Kreutzer read the title of the Ordinance into the record.
City Manager Rodriguez explained that this is the final reading of the Ordinance and there have not been any changes since first reading.
Michael Leigh, 515 Daylight Court, Brighton. Mr. Leigh answered questions from Council regarding:
• The ability for semi-trucks to pull off I-76 and make the turn into Kum & Go.
Mayor Kreutzer asked if there were any comments from the audience on the second reading of the Ordinance, there were none.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Pollack, to approve Ordinance 2276 approving the rezoning of an approximately 14.18 acre area of land generally located in the northwest quarter of section 14, township 1 south, range 66 west of the 6th principal meridian, City of Brighton, County of Adams, State of Colorado, from a zoning designation of BP (Business Park) to a zoning designation of C-3 (General Retail and Services). Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills, and
Councilmember Pollack
Absent: 2 - Councilmember Baca, and Councilmember Wallin
9. UTILITIES BUSINESS ITEMS
Resolutions
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, ACCEPTING THE PROPOSAL OF CGRS INC., AND AWARDING THE CONTRACT FOR THE CORE CITY PIPE REPLACEMENT PROJECT TO CGRS INC. IN AN AMOUNT NOT TO EXCEED TWO-MILLION, ONE-HUNDRED EIGHTY-THREE THOUSAND, FIFTY-NINE DOLLARS AND THIRTY-FOUR CENTS ($2,183,059.34), AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON
BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor Kreutzer read the title of the Resolution into the record.
City Manager Rodriguez introduced Utilities Director Curt Bauers.
Utilities Director Curt Bauers requested to award a contract for the removal and replacement of approximately 10,000 ft. of aged and undersized water distribution pipe in the core part of the City. This project is the first phase of a larger multi-phase project that will replace all of the significantly aged and undersized water distribution piping in the core part of the City over the next several years. A Request for Qualifications was done and from that process, staff identified four contractors based on their experience and ability to perform this type of work to ensure that quality bids would be received. Bids were then solicited from the four chosen contractors. The first phase will replace 10,000 lineal feet of pipe for the purposed of improving water quality, improving fire flow and overall distribution capacity in the area. This will also save on maintenance costs and main break repair costs. The existing 4” and 6” pipe will be upgraded to 8” and 12” pipe, depending on the need in the area. CGRS was the low bidder from the pre-qualified contractors. These activities will be almost entirely done by using an open trench method. This helps to eliminate the possibility for unknown issues happening underground. Staff does anticipate much of the work in future years will use trenchless technologies utilizing pipe bursting, slip lining, or cured in place pipe technologies. During construction, no resident should be out of service for more than four hours. Each service line will have to be disconnected and reconnected to the main. Each resident will be notified of the interruption in service forty-eight hours before the construction begins. Temporary water lines will be run across the surface if necessary to ensure the outage is no longer than four hours. No new easements or right-of-way will be required for this project. Most of the project is in public right-of-way and a small amount is in the American Pride subdivision at Murphy Express. Contractors were short-listed from the RFQ process and were requested to provide bids for the current scope of work. BT Construction and CGRS submitted bids. CGRS was selected because of the lowest unit cost. Staff worked with CGRS to further value engineer the project and this resulted in not having to replace the entire street, this will save approximately one million dollars in paving costs. Staff recommends contracting with CGRS to perform the first phase of the Pipe Replacement Project. The project will be completed by October 2018. This will result in providing higher quality water service to residents in the area and increased fire protection in the area. Director Bauers, City Attorney Brubaker and City Manager Rodriguez answered questions from Council regarding:
• The type of pipe currently being used and the type of pipe it will be replaced with.
• The advantages of the new type of pipe.
• The new lines following the same alignment as the current pipes.
• The life expectancy of the new pipe.
• The start date for the project.
• The water quality for the residents in the area during the construction.
• The water pressure for residents in the area during the construction.
• The effect on neighbors to access their driveways in front of their homes during construction.
• A change order of 25% or less being brought back to Council for approval.
• The pressure in the line that could cause an older pipe to burst.
• The old pipe becoming rusty inside.
• The depth that the pipe is buried.
• The asphalt streets being fixed with asphalt.
• The notification method for the neighbors regarding the construction.
• The pipe that was lined recently being included in this pipe replacement project.
• The timeline for completion of the project.
• This helping to prevent line breaks.
Motion by Councilmember Blackhurst, seconded by Councilmember Mills, to approve Resolution 2018-19 acting by and through its Water Activity Enterprise, accepting the proposal of CGRS Inc., and awarding the contract for the Core City Pipe Replacement Project to CGRS Inc. in an amount not to exceed $2,183,059.34, and authorizing the Mayor to sign the contract on behalf of the City and the City Clerk to attest thereto. Motion passed by the following vote:
Aye: 6 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Mills, and Councilmember Pollack
No: 1 - Councilmember Johnston
Absent: 2 - Councilmember Baca, and Councilmember Wallin
10. GENERAL BUSINESS
A. City Council Briefings
Public Information Office
Public Information Director Kristen Chernosky gave City Council a brief overview of the Public Information Office including the duties and responsibilities of the five divisions, Public Information, Youth Services, Arts and Culture, Special Events and the Armory/Downtown.
Utilities
Utilities Director Curt Bauers gave City Council a brief overview of the Utilities Department including the duties and responsibilities of the nine divisions, Water Treatment, Engineering, Stormwater, Utility Finance, Utility Billing, Water Resources, Wastewater Collections, Water Distribution and Meter Reading.
11. REPORTS
A. By the Mayor
Mayor Kreutzer attended the Metro Mayors Caucus, the Adams County Mayors meeting, the Sister Cities dinner and auction, the Moving People Forward conference, the Airport Coordinating Committee meeting, the Swearing in Ceremony for new Police Officers and Victims’ Advocates, the benefit for Sergeant Waters, the Building an Inclusive Community event, and the ADCOG Executive Committee meeting. The State DECA Conference will take place this week.
B. By Department Heads
C. By the City Attorney
D. By the City Manager
12. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Mayor Pro Tem Edwards attended the Airport Coordinating Committee meeting and the Senior Advisory Board meeting.
Councilmember Pollack attended the Parks and Recreation Advisory Board meeting.
Councilmember Mills attended the Police Department Swearing in Ceremony, the Capital Facility Fee Foundation meeting, the CML workshop, the Metro North Chamber Economic Forecast breakfast.
Councilmember Humbert attended the Parks and Recreation Advisory Board meeting, the Housing Authority meeting and the Aurora Symphony performance at the Armory.
Councilmember Johnston attended the CML workshop.
13. EXECUTIVE SESSION
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to go into Executive Session at 8:51 p.m. for discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills, and
Councilmember Pollack
Absent/Excused: 2 - Councilmember Baca, and Councilmember Wallin
Mayor Kreutzer reconvened the meeting at 9:31 p.m.
14. ADJOURNMENT
Motion by Councilmember Humbert, seconded by Councilmember Pollack, to adjourn at 9:32 p.m. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills, and
Councilmember Pollack
Absent: 2 - Councilmember Baca, and Councilmember Wallin
CITY OF BRIGHTON, COLORADO
_____________________________
Kenneth J. Kreutzer, Mayor
ATTEST:
______________________________
Natalie Hoel, City Clerk
______________________________
Approval Date