City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, August 15, 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
Mayor McLean led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 7 - Mayor McLean, Councilmember Baca, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, and
Councilmember Wallin
Not Present: 2 - Mayor Pro Tem Kreutzer, and Councilmember Pollack
2. CONSENT AGENDA
A. Approval of the July 18, 2017 City Council Minutes
B. Approval of the July 20, 2017 City Council Minutes
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPOINTING JANET HEPP-STRUCK AS A MEMBER OF THE
BRIGHTON URBAN RENEWAL AUTHORITY WITH A TERM TO AUGUST, 2022
Resolution No: 2017-86
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPOINTING DON ROWE AS A MEMBER OF THE BRIGHTON
URBAN RENEWAL AUTHORITY WITH A TERM TO AUGUST, 2022
Resolution No: 2017-87
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPOINTING DOUG LAMBERT AS A MEMBER OF THE BRIGHTON
HOUSING AUTHORITY TO FILL AN UNEXPIRED TERM TO NOVEMBER, 2019
Resolution No: 2017-88
F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPOINTING WILLIAM LECK AS A WARD 4 MEMBER OF THE
BRIGHTON PLANNING COMMISSION TO FILL AN UNEXPIRED TERM TO
JANUARY, 2020
Resolution No: 2017-89
Motion by Councilmember Wallin, seconded by Councilmember Humbert, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 7 - Mayor McLean, Councilmember Baca, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, and Councilmember
Wallin
Absent: 2 - Mayor Pro Tem Kreutzer, and Councilmember Pollack
3. APPROVAL OF REGULAR AGENDA
Acting City Manager Clint Blackhurst asked that the Regular Agenda be amended to add an Executive
Session for Legal Advice and Negotiations.
Motion by Councilmember Humbert, seconded by Councilmember Bell, to approve the Regular Agenda as amended. Motion passed by the following vote:
Aye: 7 - Mayor McLean, Councilmember Baca, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, and Councilmember
Wallin
Absent: 2 - Mayor Pro Tem Kreutzer, and Councilmember Pollack
4. CEREMONIES
A. Introduction of New Employees by Chief of Police Paul Southard
Administrative Services Director Karen Borkowski Surine introduced Tyler Fossett, Utilities GIS Technician and Rachelle Morrison, Utility Billing Clerk and gave a brief history of their background.
Mayor McLean and City Council welcomed the new employees to the City of Brighton.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA
(Speakers limited to five minutes)
Tom Green, 500 Cooperative Way, Brighton, United Power Representative. Mr. Green and United Power CEO John Parker presented the City with a capital credit check in the amount of $51,887.89.
Larry Smith, 15009 Overland Trail, Brighton. Mr. Smith expressed his concern regarding a change in the Municipal Code relating to storm drainage. Mr. Smith maintains his own culverts and is concerned that he will have to pay this fee when he is not getting a benefit from this fee.
Joe Evanoff, 11941 Racine Court. Mr. Evanoff expressed his concern regarding the new storm drainage fees and asked what benefit he will receive from these fees since he maintains his own culverts.
6. PUBLIC HEARINGS
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO REPEALING SPECIFIED SECTIONS OF THE BRIGHTON LAND USE
AND DEVELOPMENT CODE RELATED TO POLITICAL SIGNS; AND, SETTING
FORTH DETAILS IN RELATION THERETO
Mayor McLean read the title of the Ordinance into the record.
Mayor McLean opened the public hearing at 7:15 p.m. and City Clerk Natalie Hoel verified the required postings and publications (July 19, 2017 in the Brighton Standard Blade) for this public hearing were completed.
Acting City Manager Clint Blackhurst introduced Associate Planner Mike Tylka.
Associate Planner Mike Tylka presented the staff and City Attorney initiated repeal of the sections of the Land Use and Development Code that deal with political signs. The repeal of the political sign code is needed now as the U.S. Supreme Court recently ruled that content based regulation is unconstitutional as governments cannot limit First Amendment protected speech. Content based means that you have to read what is on the sign to know what it is. Political signs cannot be regulated differently than those for retail establishments, real estate professionals, events, etc. Due to the court ruling, the City cannot have separate regulations for signs according to their content in terms of size, location, quantity, etc. The current City Code has separate time, size, location, and quantity standards for political signs. Staff is presenting this item under the guidance of the City Attorney so that the City is not open to a legal challenge. It is apparent that these sections in the current Code would not survive strict scrutiny by the courts.
This Ordinance is the first part of a three (3) phase approach towards a new sign code. The second part will begin by the end of the year and will update the different types of signs according to the court ruling if necessary. The third phase will include a complete sign code overhaul of the remaining sections that are not touched by this amendment over the next two (2) years to make it more user friendly. This amendment proposal states that the City Council will review and make the final determination on all amendments to the Land Use and Development Code.
When looking at the language in the draft Ordinance, the first section repeals the definition of political signs as in the future they will be classified as temporary, permanent, etc. included with all of the other types of signs. No signs will be based on their content in future Code rewrites. Section 2 repeals time and size standards set separately for political signs from all other types of signs. Section 3 repeals and reenacts general regulations on signs so they are outlining the areas where signs are not allowed in the City, like rights-of-way, parks, alleyways and public areas. This is for all types of signs.
Notification was published in the Standard Blade and no public comments have been received prior to this meeting. Staff believes it is in the best interest of the residents to repeal the sections of the Land Use and Development Code that relate to political signs as staff does not want to leave the Code and therefore the City open to legal challenges. Staff will work diligently on the next two (2) phase to overhaul the sign code, but as political season is heating up in Brighton, the repeal of the political sign code is quite pressing. The Planning Commission voted to recommend approval of the language in the draft Ordinance at their August 8, 2017 meeting. Staff recommends approval of the Ordinance.
Mayor McLean asked if anyone in the audience had questions for the applicant, there was none.
Mayor McLean asked if anyone in the audience wished to speak on behalf of the request, there was none.
Mayor McLean asked if anyone in the audience wished to speak against the request, there was none.
Mayor McLean asked if any correspondence had been received, there was none.
Mayor McLean asked if there were questions from City Council.
Councilmember Kniss asked how long the political signs can continue to be up after an election, she is not in favor of having signs up forever. Councilmember Kniss does not understand why the courts would be upset that the City would have requirements that signs need to be taken down in a certain number of days after the election.
City Attorney Margaret Brubaker explained that the issue is not how long the signs are allowed to stay up, it is because of the content of the sign that this regulation is being made. As the sign code is revised in the future, Council will be able to add regulations related to the questions Councilmember Kniss asked. At this time, because of the current sign code regulates based on the content of the signs, the City cannot regulate the political signs. The Supreme Court ruling is a concern in many cities and most of them are doing significant overhauls of their sign codes because of the Supreme Court case.
Councilmember Humbert asked why the political signs do not fall under the temporary sign code. Planner Tylka explained that the current regulations for temporary signs requires permits. The intent is to begin the amendments to the sign code by the end of the year. The intent of this repeal is to not open the City up to those legal challenges.
Councilmember Bell expressed his frustration that a political sign should be able to stay up after ten (10) days past the election. Councilmember Bell does not understand why the City has to come into compliance from fear and he does not agree with this decision.
Councilmember Edwards asked why City Council members could not call candidates after ten (10) days past the election and ask the candidate to remove their signs.
Mayor McLean closed the public hearing at 7:26 p.m.
Motion by Councilmember Edwards, seconded by Councilmember Wallin, to approve the Ordinance repealing specified sections of the Brighton Land Use and Development Code related to political signs; and setting forth details in relation thereto. Motion passed by the following vote:
Aye: 4 - Mayor McLean, Councilmember Edwards, Councilmember Humbert, and
Councilmember Wallin
No: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Kniss
Absent: 2 - Mayor Pro Tem Kreutzer, and Councilmember Pollack
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING, WITH CONDITIONS AS SET FORTH HEREIN, A
CONDITIONAL USE FOR THISTLE DEW BREWING COMPANY, LTD., TO
OPERATE A TAVERN AT THE PROPERTY ADDRESSED AS 227 N. MAIN
STREET, BRIGHTON, COLORADO
Mayor McLean read the title of the Resolution into the record.
Mayor McLean opened the public hearing at 7:29 p.m. and City Clerk Natalie Hoel 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 Assistant City Planner Andrew Baker.
Assistant City Planner Andrew Baker presented the Conditional Use Permit for the Thistle Dew Brewpub. The property is located at 227 North Main Street and is currently zoned Downtown. The previous use was the Los Alamos restaurant and lounge. The proposed use is a brewpub which is a restaurant and bar and they will be brewing some of their own beers. The restaurant is allowed as a use by right in the Downtown zone district so Council will be considering the tavern aspect of the application.
The business owner is proposing some renovations to the site including a bar, restaurant seating and some outdoor seating. Though not required in the Downtown zone district, there will be twenty-four (24) off-street parking spaces. The parking lot will be restriped and landscaping will be updated along Main Street and Freedom Way. There will be three (3) to eight (8) employees onsite and the hours of operation will be 11:00 a.m. to 10:00 p.m. Monday through Thursday, 11:00 a.m. to 11:00 p.m. on Friday and Saturday and 11:00 a.m. to 8:00 p.m. on Sunday. Façade improvements will also be made along Main Street including two (2) garage doors.
Notice of the hearing was published in the Brighton Standard Blade on July 26, 2017 and notices were mailed to adjacent property owners within 300’ on July 26, 2017. Staff has received some inquiries regarding general project information.
The application is in conformance with the Municipal Code and the Comprehensive Plan. The proposed conditions will ensure that the use will be harmonious with its neighbors and will be a good fit downtown. Staff recommends approval of the Thistle Dew Brewpub with the following four (4) conditions:
1. Approval of this conditional use application shall not run with the land and is limited to the operation of a tavern by Thistle Dew Brewing Company, Ltd., at the existing building, addressed as 227 North Main Street, Brighton, Colorado, as more particularly described in Exhibit A, attached hereto (the “Premises”).
2. Thistle Dew Brewing Company, Ltd., must obtain and keep current the proper liquor license from the Brighton Local Liquor Licensing Authority for operation of a tavern on the Premises before sale or consumption of alcohol will be permitted on the Premises.
3. Operation of the tavern by Thistle Dew Brewing Company, Ltd., shall be in compliance at all times with all applicable City ordinances, including, without limitation, the City’s noise ordinance and the City’s alcohol beverages ordinance.
4. Thistle Dew Brewing Company, Ltd., shall obtain and keep current all necessary licenses and permits and meet all applicable federal, state, and local laws, regulations, licenses and policies at all times.
Mayor McLean asked if the applicant would like to add anything to the presentation.
Ken Smolic, 227 North Main Street. Mr. Smolic explained that opening a brewery was his main objective. Opening a brewpub allows him to brew his own beer, sell other Colorado brewed beers, and extends to distilleries and wineries. This will create other options for customers that do not like beer. The goal is to only bring in products from Colorado. To fulfill the requirements for a brewpub, there will be food served during business hours. Mr. Smolic explained that this will not be a mixed drink bar.
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.
Wayne Scott, 274 South 3rd Avenue, Brighton. Mr. Scott, Co-Chair of the Downtown Partnership Committee expressed his excitement for the downtown area. This business will fit in well on the north side and will extend the boundary of downtown to the north. This is a different kind of format since the business will be bringing other Colorado products into the City and also hopes to bring Brighton grown products into the business. The residents of Brighton want this type of business and the Downtown Partnership supports this business.
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, there was none.
Mayor McLean closed the public hearing at 7:40 p.m.
Motion by Councilmember Kniss, seconded by Councilmember Humbert, to approve Resolution 2017-90 approving, with conditions as set forth herein, a conditional use for Thistle Dew Brewing Company, LTD., to operate a tavern at the property addressed as 227 North Main Street, Brighton, Colorado. Motion passed by the following vote:
Aye: 7 - Mayor McLean, Councilmember Baca, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, and Councilmember
Wallin
Absent: 2 - Mayor Pro Tem Kreutzer, and Councilmember Pollack
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING WITH CONDITIONS AS SET FORTH HEREIN, A
CONDITIONAL USE FOR THE DISCOVERY GAS AND OIL UNDERGROUND
TRANSMISSION PIPELINE, GENERALLY TRAVERSING VARIOUS PARCELS
LOCATED IN THE CITY OF BRIGHTON, COLORADO, AND SETTING FORTH
DETAILS IN RELATION THERETO
Mayor McLean read the title of the Resolution into the record.
Mayor McLean opened the public hearing at 7:42 p.m. and City Clerk Natalie Hoel 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 Senior Planner Lauren Simmons.
Senior Planner Lauren Simmons presented the Discovery Pipeline Conditional Use. This pipeline is located at the very northern limits of the City of Brighton in the Weld County Road 6 ¼ former right-of-way. The applicant is Discovery DJ Services, LLC. The property was annexed in 2009 and 2010. The property annexed in 2009 was part of the Vestas Annexation and the properties annexed in 2010 was part of the North Brighton Industrial Annexation. The properties are zoned I-1 and I-2 and the land us currently undeveloped. The applicant is proposing a 16” gas pipeline through this area that connects to the Fort Lupton gas plant. The remainder of the pipeline is in the jurisdiction of Weld County.
Notices were mailed to all adjacent property owners on July 21, 2017, a notice was posted on the site on July 24, 2017 and a notice was published in the newspaper on July 26, 2017. Staff has not received any formal comments but several calls were received asking general questions about the application.
The Land Use and Development Code designates this area for commercial or industrial. Since the property is currently undeveloped, there is no impact to the future land use designation of the property. Staff has reviewed the conditional use permit under Section 17-8-60.2 of the Land Use and Development Code and recommends the following seven (7) conditions:
1. All construction shall be in strict compliance with the plans approved by the City.
2. The sixteen (16) inch oil pipeline shall be constructed at a depth of at least forty-eight (48) inches below grade; at all road crossings, the depth shall be at least sixty (60) inches below grade.
3. Construction is restricted to the hours of 7:00 AM to 7:00 PM, Monday through Friday.
4. All land must be returned to its original state of vegetation upon completion of construction of the pipeline. Any trees or other landscaping that is removed during construction must be replaced elsewhere on the Pipeline Property with similar trees/landscaping.
5. No construction equipment, including vehicles and pipes not being installed within the City limits, may be staged or otherwise stored on any property within the City of Brighton city limits.
6. Proof of coordination with the U.S. Fish and Wildlife Service and proof of an issued 404 Permit for disturbance of the wetlands shall be completed before the City of Brighton will issue an Erosion and Sediment Control Permit for the project.
7. Nothing shall be constructed on the surface unless and until an application to amend this conditional use is submitted and approved by the City Council.
Mayor McLean asked if the applicant would like to add anything to the presentation, the applicant did not want to add anything.
Mayor McLean asked if anyone in the audience had questions for the applicant, there was none.
Mayor McLean asked if anyone in the audience wished to speak on behalf of the request, there was none.
Mayor McLean asked if anyone in the audience wished to speak against the request, there was none.
Mayor McLean asked if any correspondence had been received, there was none.
Mayor McLean asked if there were questions from City Council.
Councilmember Edwards asked where the gas is going at this time and where is it coming from. Andy Siegfried, Engineer of Record for Discovery reported that this gas line will gather gas from various wells along the proposed route and take it to the Discovery Fort Lupton gas plant that is currently being constructed at WCR 10 and WCR 45. Councilmember Edwards asked if this is a normal size for a gas line. Mr. Siegfried explained that the size of the line is dictated by the anticipated volume from these wells. It will run at a lower pressure but is designed to operate at 1440 lbs.
Mayor McLean closed the public hearing at 7:51 p.m.
Motion by Councilmember Edwards, seconded by Councilmember Bell, to approve Resolution 2017-91 approving with conditions as set forth herein, a conditional use for the Discovery Gas and Oil Underground Transmission Pipeline, generally traversing various parcels located in the City of Brighton, Colorado, and setting forth details in relation thereto. Motion passed by the following vote:
Aye: 7 - Mayor McLean, Councilmember Baca, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, and Councilmember
Wallin
Absent: 2 - Mayor Pro Tem Kreutzer, and Councilmember Pollack
7. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING CERTAIN ECONOMIC INCENTIVES TO 76
COMMERCE CENTER, INC., FOR ITS CONSTRUCTION OF APPROXIMATELY
ONE MILLION SEVEN HUNDRED SEVENTY THOUSAND (1,770,000) SQUARE
FEET OF INDUSTRIAL AND COMMERCIAL BUILDINGS (THE “PROJECT”), IN
THE FORM OF A FIFTY PERCENT (50%) REDUCTION IN BUILDING USE TAX
ON CONSTRUCTION MATERIALS FOR THE CONSTRUCTION OF THE
PROJECT, ESTIMATED TO BE SEVEN HUNDRED FIFTEEN THOUSAND
DOLLARS ($715,000), SUBJECT TO THE REQUIREMENTS AND CONDITIONS
SET FORTH IN THE AGREEMENT FOR ECONOMIC INCENTIVES; SETTING
FORTH THE REQUISITE FINDINGS RECOGNIZING THE VALID PUBLIC
PURPOSE AND COGNIZABLE BENEFIT JUSTIFICATIONS FOR SUCH
ECONOMIC INVENTIVE; APPROVING THE AGREEMENT FOR ECONOMIC
INCENTIVES; AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST
THERETO; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the revised Resolution into the record.
Acting City Manager Clint Blackhurst introduced Economic Development Director Michael Martinez and Assistant City Manager of Development Marv Falconburg.
Assistant City Manager of Development Marv Falconburg is excited to present the opportunity from Hyde Development on land that was annexed and zoned in 1986 and has been vacant for thirty-one (31) years.
Economic Development Director Michael Martinez presented the details of the Agreement for the project 76 Commerce Center by Hyde Development. This is a 1.7 million sq. development that will be the largest industrial development in Brighton. The property is located on the northeast corner of I-76 and 160th Avenue which gives great visibility and accessibility for the development. This development will be aesthetically pleasing and a great asset for the community. There will be a great economic impact with a project of this size, it is estimated to generate approximately $900,000.00 in property taxes annually which will be a great benefit to the City of Brighton, the Library District, Fire District and School District. There will be 100 million dollars capital investment in this project when it is fully developed and should create 500 to 1000 jobs. This development is estimated to have an impact of 25 million dollars to the City of Brighton economy. Once the project is built, the developer will have paid 3.9 million dollars in fees directly to the City of Brighton which does not include Metro District Fees which will also be paid. The proposed incentive is requesting a 50% reduction in Use Tax estimated at $715,000.00. This is half of the estimated Use Tax on construction materials that the developer will provide to the City. Director Martinez introduced Paul Hyde with Hyde Development.
Paul Hyde gave Council a brief background of his company and the types of developments they have done in other communities. They focus mostly on redeveloping infill sites, creating new, sustainable buildings in these areas. Some of these types of developments include office warehouse buildings in various sizes. This site will have multiple buildings with multiple phases and many different tenants. This creates a much more sustainable economic base over time. Hyde Development has been recognized over time for doing great work and hope to do the same in Brighton. This development will be a six (6) building industrial park with a variety of different buildings. Hyde Development is trying to create a new, modern forward looking project for a great looking development. Mr. Hyde has been spending time and money to get their design ready while working with staff. Mr. Hyde hopes to come in for the site development plan approval in early fall so they can begin working on the first building. Paul Hyde answered questions from Council regarding:
• This being a spec project.
Assistant City Manager Falconburg presented the changes that were made to the Agreement that is in the City Council agenda packet:.
• Page 1: Hyde Development is being changed to 76 Commerce Center LLC.
• Recital D: including Block 1 in the legal description; updating the square footage from 1,600,000 sq. ft. to 1,770,000.
• Page 2: Sec. 1.4, clarify the expiration date of ten (10) years; Sec. 1.4(a) adding the date for the permit to be issued and the date for the Economic Incentive Agreement is based on when it is fully signed by the developer and the City.
• Page 3: Sec. 1.7, updated the legal description to include Block 1.
• Page 4: Sec. 4, clarification between building and phase; cleared up language regarding possible reasons for delays including factors such as market, absorption rates or other similar factors affecting industrial and commercial development; Sec 5.1, clarify terms of how calculation is done for the use tax; Sec. 5.1(b), specifying that the building use tax is payable at the time of building permit issuance.
• Page 5: Sec. 5.1(c), add language regarding the delays and force majeure, the same language as in Sec. 11, language regarding assignment rights to the construction lender or the bank; Sec. 5.1(d), the word impact was crossed out and changed to read “…Development’s books and records may result in an adjustment to the amount of the building use tax.”
• Page 6: Sec. 8.2, changed to read “…lawfully and accurately...”; Sec. 10.1(a), this allows the developer to assign the rights to a bank in order to get a construction loan.
• Page 8: Sec. 11, included a provision for tight construction and labor markets to add unavailability of materials and labor to the list of force majeure events; Sec. 12, same language regarding assignment to the bank or Development LLC; Sec. 13, clarifying the ten (10) year deadline; Sec. 15, clarify notice to be effective three (3) business days after deposit in the U.S. Mail.
City Attorney Margaret Brubaker clarified that “Use Tax” is defined in the Agreement, and which is subject to the 50% reduction as an incentive, to be only the use tax related to building materials for construction of the project on the property.
Motion by Councilmember Baca, seconded by Mayor McLean, to approve Resolution 2017-92 approving certain economic incentives to 76 Commerce Center, Inc., for its construction of approximately $1,770,000.00 square feet of industrial and commercial buildings (The “Project”), in the form of a 50% reduction in building use tax on construction materials for the construction of the project, estimated to be $715,000.00 subject to the requirements and conditions set forth in the agreement for economic incentives; setting forth the requisite findings recognizing the valid public purpose and cognizable benefit justifications for such economic incentive; approving the agreement for economic incentives; and authorizing the Mayor to execute said agreement on behalf of the City and the City Clerk to attest thereto; and setting forth details related thereto. Motion passed by the following vote:
Aye: 7 - Mayor McLean, Councilmember Baca, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, and Councilmember
Wallin
Absent: 2 - Mayor Pro Tem Kreutzer, and Councilmember Pollack
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING A MODEL SERVICE PLAN FOR USE BY
PROPONENTS OF TITLE 32 SPECIAL DISTRICTS WITHIN THE CITY OF
BRIGHTON; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
Acting City Manager Clint Blackhurst introduced Associate Planner Mike Tylka.
Associate Planner Mike Tylka explained that this item was continued from the July 18, 2017 City Council meeting. The Model Service Plan will guide developers through the City’s expectations in an upfront and unbiased manner. All of the State Statute requirements are included in the Model Service Plan template. Each Service Plan that must come before Council prior to approval will have an Intergovernmental Agreement attached where more in depth specifics can be laid out, negotiated, commented on and agreed to by Council. Staff has included provisions that speak to having meetings held in Brighton city limits, annual reports, an in depth outline of all public improvements including who will maintain them and to what standards they will be maintained. The basic reasoning for having a metro district will be included and Council will have the opportunity with each application for a Metro District, to address individual and specific desires. All of this will include an examination of the requested mill levy tied to the public improvements requested with that document.
On July 18, 2017, everyone heard concerns from the development community. After Special Bond Counsel took in all of the questions and concerns from those at the meeting and those working on Metro Districts this year in Brighton, staff feels that those requests have been vetted. The draft Model Service Plan that was presented on July 18, 2017 and being presented tonight is the product of a few minor revisions after working with the development community on their concerns. One of the major suggestions from the development community that has been included is the request to include more language on inclusion areas. These are areas that can join a district in the future but at the start are not part of the district. Other major areas of concern are regarding mill levy caps, Gallagherization and discharge provision. In all three (3) of these, staff has respectfully disagreed with the development community. Staff feels that Council provided them with direction to stay the course on the draft that was presented at the last Study Session. Staff recommends approval of the Model Service Plan as it will provide uniformity, transparency, clear guidance, set expectations, and it includes all necessary items as defined by State Statute for the creation of Model Service Plans for Metro Districts. Community Development Director Holly Prather answered questions from Council regarding:
• The concern of putting burden on staff having been discussed and resolved.
Motion by Councilmember Humbert, seconded by Councilmember Bell, to approve Resolution 2017-93 approving a Model Service Plan for use by proponents of Title 32 Special Districts within the City of Brighton; and setting forth other details related thereto. Motion passed by the following vote:
Aye: 7 - Mayor McLean, Councilmember Baca, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, and Councilmember
Wallin
Absent: 2 - Mayor Pro Tem Kreutzer, and Councilmember Pollack
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING AN AMENDMENT TO RULE 1.E CITY COUNCIL
MEETINGS/HOLIDAYS, CANCELLATIONS, AND RESCHEDULING, RULE 2.A
CITY COUNCIL MEETING PROCEDURE/AGENDA, AND RULE 2.C ORDER OF
BUSINESS AT STUDY SESSION MEETINGS OF THE CITY COUNCIL RULES OR
PROCEDURE; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
Acting City Manager Clint Blackhurst explained that there are some current practices that are not consistent with the written Council Rules of Procedure. These are some housekeeping items to the Rules of Procedure Governing Meetings that will address these issues. Acting City Manager Blackhurst introduced City Clerk Natalie Hoel.
City Clerk Natalie Hoel presented the proposed amendments to the City Council Rules of Procedure Governing Meetings. Rule 1.E would be amended to remove Columbus Day from the list of observed holidays. Rule 2.A would remove “…the city manager will have delivered to each councilmember” and will now read “…an agenda will be available”. The following will also be added to this section “If a councilmember has requested to receive a paper copy of the agenda packet, it will be available for pickup in the City Manager’s office after 3:00 p.m.” Rule 2.C will be amended to change the order of business at a Study Session. This order was changed earlier this year and the Rules can be amended to reflect that change. City Clerk Hoel and City Attorney Margaret Brubaker answered questions from Council regarding:
• Whether the 3:00 p.m. deadline to receive the agenda packet is in the Municipal Code, Charter, or this just reinforcing an existing practice.
• The language regarding presentations from outside organizations being an amendment to the Rules of Procedure.
• The Legacy Foundation being considered an “inside organization”.
• The types of organizations that can be allowed to come to a Study Session.
Motion by Councilmember Baca, seconded by Councilmember Humbert, to approve Resolution 2017-94 approving an amendment to Rule 1.E City Council Meetings/Holidays, Cancellations, and Rescheduling to remove Columbus Day from the City Council Rules of Procedure Governing meetings as amended. Motion passed by the following vote:
Aye: 7 - Mayor McLean, Councilmember Baca, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, and Councilmember
Wallin
Absent: 2 - Mayor Pro Tem Kreutzer, and Councilmember Pollack
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACCEPTING THE PROPOSAL OF GOULD EVANS, AND
AWARDING THE CONTRACT FOR THE LAND USE AND DEVELOPMENT CODE
UPDATE, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED NINETEEN
THOUSAND SEVEN HUNDRED FORTY NINE DOLLARS ($219,749.00), 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 Community Development Director Holly Prather.
Community Development Director Holly Prather asked that City Council accept the proposal and award the contract to Gould Evans in the amount of $219,749.00 to update the Land Use and Development Code, Chapter 17 of the Brighton Municipal Code. An RFP was put together based on last year’s approval of the Comprehensive Plan. In order to move forward with the direction and visions in the Comprehensive Plan, the Land Use and Development Code must be updated. The Code is outdated and has been pieced together and amended sine the 1970’s. This is why there are conflicts in the Code with Supreme Court rulings. These types of issues need professionals that are experts in Code updates to work on this process. There are conflicting provisions in the Code and other sections are outdated. City Council approved this in the budget for 2017. The pre-proposal conference was held in June where five (5) firms attended. Two (2) firms submitted proposal and they were both interviewed. The project manager at Gould Evans has over twenty-five (25) years of experience in local government as a planner and a land use attorney. Staff feels this firm will be a good fit for Brighton. Graphics and tables will be a big focus for the updated Code so the average citizen, developers and consultants can visually see what is expected in the code and tables are easier to read then legal text. This firm has experience working in a municipal setting both on the land use side as an attorney and a planner, this will be a benefit for the City’s vision of the Comprehensive Plan. They have also budgeted in the proposal for 3D modeling and the public engagement process to explain the amendments to the Code. Director Prather answered questions from Council regarding:
• The amount budgeted for this project.
• The anticipated timeframe for this process to be completed.
• Clarification of the matrix regarding results of reference checks and past performance.
Motion by Councilmember Edwards, seconded by Councilmember Bell, to approve Resolution 2017-95 accepting the proposal of Gould Evans, and awarding the contract for the Land Use and Development Code update, in an amount not to exceed $219,749.00 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: 7 - Mayor McLean, Councilmember Baca, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, and Councilmember
Wallin
Absent: 2 - Mayor Pro Tem Kreutzer, and Councilmember Pollack
8. GENERAL BUSINESS
9. REPORTS
A. By the Mayor
Mayor McLean attended the Economic Development presentation regarding changes to the airport. There is an ADCOG breakfast on Friday in Commerce City.
B. By Department Heads
C. By the City Attorney
D. By the City Manager
Acting City Manager Clint Blackhurst announced that tomorrow is the first day of school at Prairie View and with construction taking place at the church next door, there will be impact to the flow of traffic in the area.
10. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Humbert reported that the Windmill Ranch housing project was approved at the State level. BURA will begin the demolition of the U-Pump-It and Peerless Tires buildings next week. The Oasis Water Park is on its weekend schedule through Labor Day. Councilmember Humbert attended the ribbon cutting at Reunion Elementary and a concert at the Armory with Tony Furtado.
Councilmember Kniss discussed what can be done to make Brighton an inclusive community. There will be a fundraiser for the victims of the fire on Main Street on September 16th at Jordinelli’s. Eagle Ridge Academy is expanding their packing lot and the entrance off of Southern Street will be closed for a time.
11. EXECUTIVE SESSION
Motion by Councilmember Baca, seconded by Councilmember Humbert, to go into Executive Session at 9:12 p.m. 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 Revenue Sources and 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 Property Acquisitions. Motion passed by the following vote:
Aye: 7 - Mayor McLean, Councilmember Baca, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, and Councilmember
Wallin
Absent: 2 - Mayor Pro Tem Kreutzer, and Councilmember Pollack
Mayor McLean reconvened the meeting at 10:22 p.m.
12. ADJOURNMENT
Motion by Councilmember Edwards, seconded by Councilmember Humbert, to adjourn at 10:23
p.m. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Pollack, and Councilmember Wallin
CITY OF BRIGHTON, COLORADO
_____________________________
Richard N. McLean, Mayor
ATTEST:
______________________________
Natalie Hoel, City Clerk
______________________________
Approval Date