City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, August 1, 2017
7:00 PM
Council Chambers
City Council
MAYOR - RICHARD N MCLEAN
MAYOR PRO-TEM - KEN KREUTZER
COUNCIL MEMBERS:
LYNN BACA, REX BELL, JW EDWARDS
MARK HUMBERT, JOAN KNISS,
MARY ELLEN POLLACK, KIRBY WALLIN
1. CALL TO ORDER
Mayor McLean called the meeting to order at 7:02 p.m.
A. Pledge of Allegiance to the American Flag.
Local Vietnam Veterans led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call.
Present: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
Not Present: 1 - Councilmember Bell
2. CONSENT AGENDA
Deputy City Clerk Patricia Leyva read the Consent Agenda items into the record.
A. Approval of the July 11, 2017 City Council Minutes
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AUTHORIZING THE SUBMITTAL OF A MINI-GRANT APPLICATION
TO ADAMS COUNTY OPEN SPACE IN THE AMOUNT NOT TO EXCEED THREE
THOUSAND TWO HUNDRED SEVENTY DOLLARS ($3,270.00), FOR THE
BRIGHTON PARKS, OPEN SPACE, AND TRAILS MAP; AND AUTHORIZING THE
ACTING CITY MANAGER TO SIGN THE GRANT APPLICATION
Resolution No: 2017-75
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO
ADAMS COUNTY OPEN SPACE IN THE AMOUNT OF SIX HUNDRED
EIGHTY-TWO THOUSAND DOLLARS ($682,000.00), FOR THE “WATER TOWER
FIELDS TURF CONVERSION PROJECT”; AND AUTHORIZING THE ACTING CITY
MANAGER TO SIGN THE GRANT APPLICATION
Resolution No: 2017-76
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO
ADAMS COUNTY OPEN SPACE IN THE AMOUNT OF SIX HUNDRED SIXTY
THOUSAND DOLLARS ($660,000.00), FOR THE “BJAA (BRIGHTON JAPANESE
AMERICAN ASSOCIATION) PARK IMPROVEMENTS PROJECT”; AND
AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE THE GRANT
APPLICATION
Resolution No: 2017-77
Motion by Councilmember Kniss, seconded by Councilmember Pollack, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
3. APPROVAL OF REGULAR AGENDA
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Kniss, to approve the Regular Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
4. CEREMONIES
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
APPROVING THE SIXTH 2017 BIG LITTLE IDEA CONTEST WINNER;
APPROVING A FIVE HUNDRED DOLLAR ($500) CASH AWARD TO THE SIXTH
WINNER, FROM THE CITY’S GENERAL FUND IN THE TOTAL AMOUNT OF FIVE
HUNDRED DOLLARS ($500); DESIGNATING THE RECIPIENTS AND AMOUNTS
TO BE AWARDED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT WITH THE RECIPIENT OF THE 2017 ALLOCATION ON BEHALF
OF THE CITY; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Zachary Reece, GD and Marketing Specialist and Kaitlin Gault, Senior Communications Specialist presented the final recipient of the Big Little Idea Contest to Lisa Garbett for her project to paint traffic signal boxes.
Motion by Councilmember Wallin, seconded by Councilmember Humbert, to approve Resolution 2017-78. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
B. Introduction of New Employees by Administrative Services Director Karen Borkowski Surine
Administrative Services Director Karen Borkowski Surine introduced Jolie Diepenhorst, Historic Preservation Coordinator and gave a brief history of her background.
Mayor McLean and City Council welcomed the new employee to the City of Brighton.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA
(Speakers limited to five minutes)
Elaine Patterson, 1412 Hummingbird Circle, Brighton. Ms. Patterson expressed concern regarding the timeframe for shut off fees from the Utility Billing Department and asked for a longer grace period since she only receives money once per month. She was referred to the Utilities Director.
6. PUBLIC HEARINGS
7. CONSOLIDATED ITEMS FOR SEQUENTIAL REVIEW
Mayor McLean read the title of Items 7A and 7B into the record.
Mayor McLean opened the public hearing at 7:17 p.m. and Deputy City Clerk Patricia Leyva verified the required postings and publications (July 26, 2017 in the Brighton Standard Blade) for this public hearing were completed.
Acting City Manager Clint Blackhurst introduced Associate Planner Josh Tetzlaff.
Associate Planner Josh Tetzlaff presented the Right of Way Vacation and Final Plat applications for the Prairie Center Village I Subdivision. This property consists of approximately three hundred seventy (370) lots and is located at the northeast corner of Eagle Boulevard and South 27th Avenue. The vacation Ordinance was approved at first reading at the last City Council meeting.
Platting is generally the third step in the development process. At this stage, the property has been annexed into the City and given its zoning designation which describes the allowed uses for the property. During the platting stage, the applicant is proposing property lines and has not necessarily determined how the land will be developed. The review of the City Council is to consider in regards to the plat application whether the proposed property lines make sense for the uses allowed by the zoning.
The proposed project is on property that was annexed in 1986 as part of the Third Creek 1st Annexation and is currently zoned as part of the Prairie Center Mixed Use PUD. Within this PUD, this area is designated to be residentially developed with a mix of housing types. The property is currently undeveloped. The Comprehensive Plan designates this property as mixed-use residential. This would be the first single-family residential project in Prairie Center. This project has a future school site that will be dedicated to School District 27J as well as a neighborhood park. All of the major infrastructure is already in place and the internal infrastructure will be constructed as the subdivision is built. The phasing of the subdivision allows for at least two (2) points of access to always be present as build out takes place. The requirements regarding infrastructure as well as park and trail construction and maintenance are described in the Development Agreement. The review criteria in the Land Use and Development Code states that the Final Plat must comply with the zoning Ordinance and the subdivision regulations. Staff finds that the Final Plat complies with the regulations of the PUD.
Regarding the vacation of the rights-of-way on the property, two (2) of the originally designated access points will not be used. This is due to 27th Avenue being an arterial and it is common practice to allow at least ¼ mile between intersections. There are also two (2) accesses that are not the right shape for the design of the project. Those accesses will be re-platted to ensure adequate access into the neighborhood.
Staff would like to make a small language change to Section 10 of Exhibit G of the Agreement. This language would further clarify the non-potable water responsibilities for both the City and the applicant. The new language reads: The District is responsible for the extension of the non-potable water system Public Improvements into the Development, including construction of the non-potable water system infrastructure, as set forth in Exhibit B; and payment of the irrigation-only connection fees for the Development. If the City adopts a non-potable connection fee schedule on or before January 4, 2022, that is applicable to the Development, the District will pay those fees as required by the adopting legislation for any future connections in the Development occurring after the effectiveness of such adopted legislation. If the non-potable connection fees, as applied to the Development, are less costly than the irrigation-only connection fees that have been paid by the District prior to that date for the Development, the City will reimburse the difference between the two fees to the District.
Notice of the public hearing on the Final Plat was sent to all property owners immediately adjacent to the proposed project as required by Code. Signs were posted on the property, notice was posted on the City’s website and notice was published in the Brighton Standard Blade even though this was not required in the Code. Staff has not received any formal comments regarding this project.
Staff recommends approval of the Vacation Ordinance at final reading. Due to meeting the review criteria of Section 17-40-210 and due to complying with the Comprehensive Plan, staff would like to recommend approval of the Final Plat for the Prairie Center Village I with the following condition:
• Both the Final Plat and the Development Agreement must be signed and recorded within ninety (90) days of their approval by City Council or the application will be null and void.
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.
Mike Tamblyn, THF Prairie Center Development, 1201 Auraria Parkway, Denver. Mr. Tamblyn reported this is the first single-family development in Prairie Center and will join the first multi-family project, the Elements at Prairie Center. The Village 1 project will consist of three hundred seventy (370) single-family homes, a three (3) acre neighborhood park, and a future school site all connected by trails and landscaping. The developer believes this quality, well thought out residential community will thrive and be an additional building block for retail, commercial, and residential growth both at Prairie Center and throughout Brighton. The developer has worked closely with City staff to create this development plan. Mr. Tamblyn introduced Tom Kopf.
Thomas Kopf, DTJ Design, 3101 Iris, Boulder, Colorado 80301. Mr. Kopf explained that when the PUD was first developed it was intended to create a mixed use community anchored with a significant amount of open space, trail connectivity, and supporting adjacent retail. Mr. Kopf presented the plan and stated that each of the neighborhoods is anchored by a small neighborhood park that is then connected by the open space linkages. This Village I plan provides significant detail to the original vision for the area. There is a significant amount of trail connectivity with a 10’ concrete regional trail along the canal, a regional multi-use trail that runs through the open space and along the street, and sidewalks that are not next to the street to provide safe pedestrian access. In addition to the trails, there is a significant amount of pedestrian connectivity from the main trail system leading to the central park. A master plan for the parks in the development has been created for a unique experience at each of the parks. The main park has been designed to take advantage of the grand views to the west and the park will become the heart of the neighborhood. The plan was also designed to incorporate a mix of housing types in the village. There are three (3) different lot sizes for the housing types and sizes. Extra deep lots have also been planned for this community.
Mayor McLean asked if anyone in the audience wished to speak against the request, there was none.
Mayor McLean asked if any correspondence had been received, there was none.
Mayor McLean asked if there were questions from City Council.
Councilmember Kniss asked when the houses would begin being built. Mr. Tamblyn explained that they would like to have the model home lots ready by the end of the year but could be the first quarter of 2018. Councilmember Kniss requested that the developer have open communication with the City if there is to be any oil and gas development in the area, to which Mr. Tamblyn agreed.
Councilmember Edwards asked what the mix of homes would be, if there would be paired homes. Mr. Tamblyn explained that this development is all single-family homes, no paired homes. Councilmember Edwards asked if the homes would be two story or ranches and Mr. Tamblyn reported that there will be a mix of homes. Councilmember Edwards asked how many models would be used. Mr. Tamblyn explained there they are anticipating two (2) or three (3) different builders with three (3) lot sizes.
Councilmember Wallin asked about Exhibit G regarding construction days and hours. There is anticipated dirt hauling and grading activities 24 hours per day, Councilmember Wallin is concerned about the noise for the residents at the Elements multi-family housing. Planner Tetzlaff explained that it was agreed upon that once any Certificate of Occupancy was issued for the Elements project, the 24 hour dirt hauling will no longer be applicable. Councilmember Wallin asked if the dirt will be hauled through other neighborhoods during all hours of the night. Planner Tetzlaff explained that they typically use the major arterials and not the neighborhood streets. Councilmember Wallin asked if it is typical to allow developers to work 24 hours per day. Mr. Tamblyn explained that the dirt hauler plans to enter from I-76 and travel on Eagle Boulevard to the site.
Mayor McLean is glad to see the project moving forward and it will be a welcome addition to the City of Brighton.
Mayor McLean closed the public hearing at 7:38 p.m.
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
VACATING THAT CERTAIN REAL PROPERTY AND PUBLIC RIGHTS-OF-WAY,
SITUATED IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 1
SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF
BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, AND VESTING TITLE
TO SUCH VACATED LANDS IN ABUTTING LANDOWNERS PURSUANT TO
C.R.S. § 43-2-301, ET SEQ (FINAL READING)
Mayor McLean asked if there were any comments from the audience on the second reading of the Ordinance, there were none.
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Humbert, to approve Ordinance 2263 vacating that certain real property and public rights-of-way, situated in the southwest quarter of section 16, township 1 south, range 66 west of the 6th principal meridian, City of Brighton, County of Adams, State of Colorado, and vesting title to such vacated lands in abutting landowners pursuant to C.R.S. § 43-2-301, et seq. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING THE PRAIRIE CENTER VILLAGE I SUBDIVISION
FILING NO. 1 FINAL PLAT AND DEVELOPMENT AGREEMENT FOR
APPROXIMATELY 141.056 ACRES OF PROPERTY, GENERALLY LOCATED
WITHIN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 1 SOUTH,
RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON,
COUNTY OF ADAMS, STATE OF COLORADO, AUTHORIZING THE MAYOR TO
EXECUTE THE DEVELOPMENT AGREEMENT; AND SETTING FORTH OTHER
DETAILS RELATED THERETO (PUBLIC HEARING)
Motion by Councilmember Humbert, seconded by Councilmember Edwards, to approve Resolution 2017-79 approving the Prairie Center Village I Subdivision Filing No. 1 Final Plat and Development Agreement for approximately 141.056 acres of property, generally located within the southwest quarter of section 16, township 1 south, range 66 west of the 6th principal meridian, City of Brighton, County of Adams, State of Colorado, and that both the Final Plat and the Development Agreement must be signed and recorded within ninety (90) days of their approval by City Council or the application will be null and void. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
8. ORDINANCES FOR INITIAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AMENDING THE BRIGHTON MUNICIPAL CODE SECTION 1-24-10
TO CHANGE THE MAXIMUM JAIL SENTENCE FOR VIOLATIONS OF THE
ORDINANCES OF THE CITY FROM ONE YEAR TO THREE HUNDRED
SIXTY-FOUR DAYS; AND SETTING FORTH DETAILS IN RELATION THERETO
Mayor McLean read the title of the Ordinance into the record.
Acting City Manager Clint Blackhurst introduced City Attorney Margaret Brubaker.
City Attorney Margaret Brubaker explained that HB 17-12-68 changes the state law for Municipal Court jail sentences from one (1) year to 364 days. At the request of the Municipal Court and to be consistent with the state law this Ordinance will amend that provision in the Municipal Code Section 1-24-10. City Attorney Brubaker and Chief of Police Paul Southard answered questions from Council regarding:
• The City not having to follow this law since the City is Home Rule.
• The number of people that get sentenced to one (1) year in Municipal Court.
Motion by Councilmember Wallin, seconded by Councilmember Kniss, to approve the Ordinance amending the Brighton Municipal Code Section 1-24-10 to change the maximum jail sentence for violations of the Ordinances of the City from one year to three hundred sixty-four days; and setting forth details in relation thereto. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, and Councilmember Kniss
No: 2 - Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
9. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING THE GRANT AND CONVEYANCE BY THE CITY OF
THAT CERTAIN CONSERVATION EASEMENT OVER CERTAIN AGRICULTURAL
REAL PROPERTY OWNED BY THE CITY AND LOCATED IN ADAMS COUNTY;
AND AUTHORIZING THE MAYOR TO EXECUTE THE CONSERVATION
EASEMENT AND THE CITY CLERK TO ATTEST THERETO; AND SETTING
FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Ordinance into the record.
Acting City Manager Clint Blackhurst introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle explained that this is the final version of the Conservation Easement. There have been some minor changes to dates and minor word changes to the Conservation Easement since the first reading of the Ordinance. The City now has the authority to take the documented excess water that is being acquired with the acquisition of the land and use it on other properties in the district.
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 Pollack, to approve Ordinance 2264 approving the grant and conveyance by the City of that certain Conservation Easement over certain agricultural real property owned by the City and located in Adams County; and authorizing the Mayor to execute the Conservation Easement and the City Clerk to attest thereto. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
10. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACCEPTING THE PROPOSAL OF WALKER PARKING
CONSULTANTS, AND AWARDING THE CONTRACT FOR THE CITY OF
BRIGHTON PARKING MANAGEMENT PLAN PROJECT, IN AN AMOUNT NOT TO
EXCEED SEVENTY SEVEN THOUSAND FOUR HUNDRED FIFTY DOLLARS
($77,450.00), AUTHORIZING A 2017 BUDGET AMENDMENT IN THE AMOUNT OF
TWENTY SEVEN FOUR HUNDRED FIFTY DOLLARS ($27,450) 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.
Acting City Manager Clint Blackhurst introduced Brighton Urban Renewal Authority Assistant Director Ryan Johnson.
Brighton Urban Renewal Authority (BURA) Assistant Director Ryan Johnson presented a Resolution to approve a contract for a parking management plan for the downtown area. There is not a current plan in place to plan for or pay for a parking plan in the downtown area. The idea of a plan has become necessary since there has been a lot of interest in downtown Brighton. The intent of this plan will be to analyze the existing supply and demand for parking downtown and to overlay the Comprehensive Plan and Transportation Master Plan to help project what the future demand will be going forward. This plan would identify action items in the short term, medium term and long term. The short term plan will identify low cost or no cost problems that can be implemented quickly and easily like signage. The medium term objectives could be exploring the creation of a district to help generate, manage and administer revenue. The long term plan will include major infrastructures projects that need to be considered like parking structures and parking lots. The areas included in the study are bounded by Denver on the north, Bromley Lane on the south, Miller on the west and 5th Avenue on the east. Staff interviewed consultants in June and ask for approval of the contract with Walker Parking Consultants in the amount of $77,450.00. BURA has budgeted $27,000.00 for this project and will reimburse the City that amount for a portion of the project cost. This proposal is 57% less than the other proposals. Assistant Director Johnson answered questions from Council regarding:
• There being something missing in this proposal since it is 57% less than the other proposals.
Motion by Councilmember Edwards, seconded by Councilmember Wallin, to approve Resolution 2017-80 accepting the proposal of Walker Parking Consultants, and awarding the contract for the City of Brighton Parking Management Plan Project, in an amount not to exceed $77,450.00, authorizing a 2017 budget amendment in the amount of $27,450.00 and authorizing the Mayor to sign the contract on behalf of the City. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING THE MASTER PLAN FOR THE “BRIGHTON VIETNAM
VETERANS MEMORIAL” AND THE PLACEMENT OF THE MEMORIAL AT 4TH
AND JESSUP
Mayor McLean read the title of the Resolution into the record.
Acting City Manager Clint Blackhurst introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle presented the final Master Plan for the Vietnam Veterans Memorial and approving the placement at the corner of 4th Avenue and Jessup Street. Staff has worked with the Vietnam Veterans group from the Brighton area since November, 2016 to develop this Master Plan. The estimated cost of the project is $110,000.00 and the veterans have agreed to do some fundraising to help offset some of the cost of the memorial. The entire amount of the project will be budgeted so that if approved, the project can be completed by Memorial Day in 2018. The number of stones has been increased from six (6) to seven (7) so a stone can be placed on the corner to designate the memorial and a third flag pole has been added to display the POW/MIA flag separate from the United States and Colorado flags. Some landscaping will be done and solar lights will be brought in to light the area.
Jose Gonzales, 7752 Shoshone Street, Denver. Mr. Gonzales expressed his support for this project and thanked everyone involved for helping to get this project approved.
Motion by Councilmember Humbert, seconded by Councilmember Baca, to approve Resolution 2017-81 approving the Master Plan for the Brighton Vietnam Veterans Memorial and the placement of the memorial at 4th and Jessup. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACCEPTING THE BID OF HW HOUSTON CONSTRUCTION, LLC.,
AND AWARDING THE CONTRACT FOR THE COLE HOUSE AND BARN
RENOVATION PROJECT #99912, IN AN AMOUNT NOT TO EXCEED NINETY
FIVE THOUSAND DOLLARS ($95,000.00); AUTHORIZING A 2017 BUDGET
AMENDMENT IN THE AMOUNT OF SEVENTY-FIVE THOUSAND DOLLARS
($75,000.00); 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.
Parks and Recreation Director Gary Wardle asked for approval of a contract to be awarded to HW Houston for the renovation of the Cole House and renovating the barn on the Cole Property. The funding for this project has been raised through lease payments from the City’s farmland preservation. Approximately $50,000.00 per year is generated from farmland leases of City owned property. The main house improvements include new siding and painting and the historic barn will be repaired and renovated. The total cost for this project is $95,000.00 and has been included in the 2017 budget.
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Kniss, to approve Resolution 2017-82 accepting the bid of HW Houston Construction, LLC, and awarding the contract for the Cole House and Barn Renovation Project #99912, in an amount not to exceed $95,000.00; authorizing a 2017 budget amendment in the amount of $75,000.00 and authorizing the Mayor to sign the contract on behalf of the City. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACCEPTING THE PROPOSAL OF J3 ENGINEERING
CONSULTANTS, INC., AND AWARDING THE CONTRACT FOR THE DESIGN
SERVICES N 45TH AVE BRIDGE STREET TO LONGS PEAK STREET PROJECT,
PROJECT# 99927 IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY
THREE THOUSAND NINETY ONE DOLLARS ($123,091.00), 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.
Acting City Manager Clint Blackhurst introduced Streets and Fleet Director Kimberly Dall.
Streets and Fleet Director Kimberly Dall introduced Traffic/Streets Engineer Christopher Montoya.
Traffic/Streets Engineer Christopher Montoya recommended the award of the contract for the Design Services for North 45th Avenue from Bridge Street to Longs Peak Street #99927 to J3 Engineering in an amount not to exceed $123,091.00. Eight (8) firms attended the mandatory pre-proposal meeting and six (6) firms submitted proposals. J3 Engineering Consultants scored the highest with 256 out of 300 points; they did not have the lowest bid but that is not the only consideration in the valuation matrix. This roadway was partially constructed with the Brighton East Farms Filing No. 1 in 2002. The Master Transportation Plan identified this section as a major roadway segment for a collector so it is important to get this roadway completed. The current plan is to construct one (1) drive lane and one (1) bike lane. There is a traffic signal being constructed for this location. Staff recommends approval of this contract. Director Dall and Traffic Engineer Montoya answered questions from Council regarding:
• The timeframe for the traffic signal to be operational.
• Clarification that the east side of the roadway will be constructed prior to development to the east.
• The timeline for the other lane to be constructed.
• The amount of the lowest bid.
• The firms bidding on the project being able to know other bid amounts.
• The process that led to staff not choosing the lowest bid.
Motion by Councilmember Baca, seconded by Councilmember Humbert, to approve Resolution 2017-83 accepting the proposal of J3 Engineering Consultants, Inc., and awarding the contract for the Design Services N 45th Ave Bridge Street to Longs Peak Street Project #99927 in an amount not to exceed $123,091.00. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
Mayor McLean called for a break at 8:29 p.m.
Mayor McLean reconvened the meeting at 8:37 p.m.
11. 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, FINDING THAT GOOD CAUSE EXISTS AND THAT IT IS IN THE
BEST INTERESTS OF THE ENTERPRISE TO WAIVE ANY FORMAL BID
PROCESS FOR CERTAIN WATER STORAGE TANK ENGINEERING,
MAINTENANCE AND REPAIR SERVICES, AND APPROVING A
MAINTENANCE AND REPAIR AGREEMENT INCLUDING PROFESSIONAL
ENGINEERING SERVICES WITH SEH D/B, INC., IN THE TOTAL AMOUNT OF
THREE MILLION SIX HUNDRED FORTY SIX THOUSAND DOLLARS
($3,646,000), PAYABLE IN TEN ANNUAL INSTALLMENTS OF THREE
HUNDRED SIXTY FOUR THOUSAND SIX HUNDRED DOLLARS ($364,600)
SUBJECT TO THE TERMS OF THE AGREEMENT; AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE WATER
ACTIVITY ENTERPRISE AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO CARRY OUT ITS TERMS FOR THE CITY; AND SETTING
FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
Acting City Manager Clint Blackhurst introduced Utilities Director Curt Bauers.
Utilities Director Curt Bauers explained that this item is for the ten (10) year Tank Maintenance Project. This is a unique approach to water storage tank repair and maintenance. Staff is aware that the City is sensitive to single sourcing, especially with a contract of this magnitude. Staff has thoroughly vetted this opportunity, legal counsel confirms that its potential approval is covered within the Municipal Code and that the contract is acceptable and the Finance Department has endorsed this project. As Council directed at Study Session, this item is being brought back to Council for approval.
The project includes the significant repairs to the 8.3 million gallon storage tank that have been mandated by the Colorado Department of Public Health and Environment (CDPHE). This was included in the 2017 budget with a construction cost of 2.5 million dollars, and budgeted in 2017 at 3.1 million dollars. The project also includes significant repairs to the 3 million gallon ground storage tank, the construction of which had been estimated at 1.2 million dollars and which was planned to be addressed in the winter of 2018. The project further includes recoating and more minor repairs to the 5 million gallon ground tank and to the half million gallon elevated tank which is difficult to maintain and inspect. The project includes the annual maintenance for each of the four (4) tanks as well as the annual CDPHE (Colorado Department of Public Health and Environment) required inspection of the tanks for each of the next ten (10) years. The contract covers the warranties for the initial tank repairs for the entire ten (10) year period. The contract provides the ability to spread the payments for this work evenly over the ten (10) year period which has a significant positive impact for the customers in regard to the rates that they pay for water,;otherwise the vast majority of the repair costs are paid in the next two (2) to three (3) years costing the City over 3 million dollars. Delaying the cost by paying over ten (10) years softens the cash flow requirements, improves the overall CIP and the positive affect on the rate model can be substantial. SEH is offering all of these services for $364,600.00 per year for ten (10) years or for a variable payment totaling just over 3.2 million dollars over the ten (10) year period of which 3 million dollars occurs over the first three (3) years. Director Bauers presented a video outlining the benefits that another community found taking this approach.
Director Bauers has been involved in repairing and recoating tanks in the past and it is a difficult project to scope and bid and it is difficult to budget annually for these projects. The warranty proposed by SEH is invaluable since asking for a second year warranty on a significant tank repair typically makes the pricing outrageous. This is a unique opportunity that clearly represents a good value for the City. SEH is a large professional engineering and construction company with a fabulous reputation and has been in business for over 100 years. Although this is a sizable single source request it is the experienced opinion of Director Bauers that the business model of SEH is a unique one that offers a substantial benefit to the City by saving time and money, it addresses the various CDPHE requirements and provides a ten (10) year like new repair and warranty for the two (2) tanks that are in the most significant need of repair. Staff is requesting that the formal bid process be waived and award the Professional Services Agreement in the amount of $3,646,000.00 payable in ten (10) equal payments to SEH Design Build for the Ten Year Water Storage Tank Repair and Maintenance Project. Director Bauers and City Attorney Margaret Brubaker answered questions from Council regarding:
• Clarification that this is the only firm that staff is aware of that has put together a proposal like this.
• The amount of the bids for individual tank repairs and the added warranties.
• The proposal from SEH including all four (4) tanks.
• The length of the warranty for the other bids for the individual tank repairs.
• The total cost for the individual tank bids being over 3 million dollars with a one (1) year warranty.
• The firms with the individual bids requiring upfront payments.
• The payment to the firms with the individual bids having an impact on the budget and water rates.
• SEH requiring a $364,000.00 payment the first year.
• The City having recourse if SEH fails to fulfill their obligation.
• The ability to get out of the contract if the City is not happy with the services of SEH.
• The anticipated cost for the next ten (10) years of maintenance after this contract is completed.
• The ability to add new water storage tanks to this contract.
• The longevity of SEH and probability that they will still be in business in ten (10) years.
• The ability of Council to legally commit to future City budgets.
• The contract allowing for a change in the cost or for change orders for the length of the contract.
• The firms submitting bids for the individual tank maintenance having had the opportunity to bid on the entire project as a whole like the proposal from SEH.
• Director Bauers doing similar single source bids like this in his past experience.
• The City giving away information presented by the single source firm to other firms for the bid, does that constitute collusion?
• Would the City have devised a mechanism that included all of these elements an invite bids on it?
Several Councilmembers expressed their concern regarding the single source bid and the amount of this project.
Motion by Councilmember Pollack, seconded by Councilmember Kniss, to set aside this matter and get additional information and go out to bid. Motion failed by the following vote:
City Attorney Brubaker asked for clarification of the motion and further direction for staff and asked if Council is asking for further information to be presented at a later date or for staff to go out to bid on this project.
Director Bauers reported that he is not guessing when presenting the numbers for the bids on the individual tanks. The one (1) year warranty is standard in the industry. It is a possibility that some other firm will provide a bid if asked for a ten (10) year warranty, but it is not what they typically do, is not the industry standard. The flat financing of the project over a ten (10) year period is also extremely unique. Director Bauers clarified that this is a single source request and not a sole source request. Director Bauers is unclear on the direction from Council to set this aside and provide more information.
Motion by Councilmember Baca, seconded by Councilmember Kniss, to cease discussion on this item. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Councilmember Baca, Councilmember Edwards
Councilmember Humbert, Councilmember Kniss, and Councilmember Pollack
No: 2 - Mayor Pro Tem Kreutzer, and Councilmember Wallin
Absent: 1 - Councilmember Bell
Motion by Councilmember Pollack, seconded by Councilmember Kniss, to set aside this matter and get additional information and go out to bid. Motion failed by the following vote:
Aye: 4 - Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember Kniss,
and Councilmember Pollack.
No: 4 - Mayor McLean, Councilmember Edwards, Councilmember Humbert, and Councilmember Wallin
Absent: 1 - Councilmember Bell
Motion Fails.
Motion by Councilmember Wallin, seconded by Councilmember Edwards, to approve Resolution 2017-84 acting by and through its Water Activity Enterprise, finding that good cause exists and that it is in the best interests of the Enterprise to waive any formal bid process for certain water storage tank engineering, maintenance and repair services, and approving a Maintenance and Repair Agreement including Professional Engineering Services with SEH D/B, Inc., in the total amount of $3,646,000.00, payable in ten annual installments of $364,600.00 subject to the terms of the Agreement, authorizing the Mayor to execute said Agreement on behalf of the Water Activity Enterprise and authorizing the City Manager or his designee to carry out its terms for the City; and setting forth other details related thereto. Motion passed by the following vote:
Aye: 5 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Edwards,
Councilmember Humbert, and Councilmember Wallin
No: 3 - Councilmember Baca, Councilmember Kniss, and Councilmember Pollack
Absent: 1 - Councilmember Bell
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY
ENTERPRISE, ACCEPTING THE BID OF J3 ENGINEERING CONSULTANTS,
AND AWARDING THE CONTRACT FOR THE BASELINE ROAD WATER LINE
DESIGN PROJECT #98703, IN AN AMOUNT NOT TO EXCEED EIGHTY-NINE
THOUSAND SEVEN HUNDRED TWENTY-ONE DOLLARS ($89,721.00), AND
AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE
CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor McLean the title of the Resolution into the record.
Acting City Manager Clint Blackhurst introduced Utilities Director Curt Bauers.
Utilities Director Curt Bauers requested approval of a contract for the Baseline Road Water Line Design project. The hydraulic modeling of the system showed a significant issue due to a long gap with no water line on Baseline Road. Constructing this line and being able to more directly connect the water storage tanks to the core City would add redundancy and provide for future capacity while eliminating an issue that the City has had for some time with pressure fluctuation problems. The project is for the design of the proposed 24” water line that will run from approximately 19th Avenue to Tower Road on Baseline Road. The construction phase of the project will be a separate RFP process with construction anticipated to begin early spring, 2018. Eight (8) bids were received for the design. The two (2) lowest bids neglected to include costs for the easement acquisition and traffic control. The most responsive and responsible bidder was J3 Engineering with a proposed cost of $89,721.00. Director Bauers answered questions from Council regarding:
• This water line creating a loop in the City for water.
• The line being enlarged.
• The incremental difference in the matrix regarding experience.
Motion by Councilmember Edwards, seconded by Councilmember Wallin, to approve Resolution 2017-85 acting by and through its Water Activity Enterprise, accepting the bid of J3 Engineering Consultants, and awarding the Contract for the Baseline Road Water Line Design Project #98703, in an amount not to exceed $89,721.00, and authorizing the Mayor to sign the Contract. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
12. GENERAL BUSINESS
13. REPORTS
A. By the Mayor.
Mayor McLean attended a couple of ADCOG meetings.
B. By Department Heads.
C. By the City Attorney.
D. By the City Manager.
14. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Wallin reported that the Youth Commission is doing their annual retreat. Councilmember Wallin attended the Downtown Partnership meeting.
Mayor Pro Tem Kreutzer attended the EDC Awards dinner and thanked the City staff for their work on the City BBQ.
Councilmember Kniss thanked City staff and the Youth Commission for helping with the BBQ and EEC Gala. The Legacy Foundation has raised $1,700.00 for scholarships. Councilmember Kniss attended the Art in the Park event. The pARTy bus will be taking visitors around the City on Friday to view art. Councilmember Kniss has been attending School District meetings regarding the mill levy ballot question. Councilmember Kniss thanked Melissa Rippy to her luau for customer appreciation.
Councilmember Humbert attended the EDC banquet, the Big Little Farm bus tour.
15. EXECUTIVE SESSION
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Humbert, to go into Executive Session at 10:02 p.m. for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding land acquisition and leases at City Hall and for legal advice under Section 24-6-402(4)(b) regarding revenue sources. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, and Councilmember Kniss
No: 1 - Councilmember Wallin
Absent: 1 - Councilmember Bell
Councilmember Pollack did not vote.
Mayor McLean reconvened the meeting at 10:48 p.m.
16. ADJOURNMENT
Motion by Councilmember Wallin, seconded by Councilmember Humbert, to adjourn at 10:48 p.m. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
CITY OF BRIGHTON, COLORADO
_____________________________
Richard N. McLean, Mayor
ATTEST:
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Patricia Leyva, Deputy City Clerk
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Approval Date