City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Special Meeting Minutes - Draft
Tuesday, November 12, 2019
6:00 PM
Special City Council Meeting
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 Pro Tem Edwards called the meeting to order at 6:00 p.m.
A. Pledge of Allegiance to the American Flag
Mayor Pro Tem Edwards led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 8 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Not Present: 1 - Mayor Kreutzer
Councilmember Pollack arrived at 6:04 p.m.
2. APPROVAL OF REGULAR AGENDA
Motion by Councilmember Humbert, seconded by Councilmember Blackhurst, to approve the Regular Agenda as presented. Motion passed by the following vote:
Aye: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills, and
Councilmember Wallin
Absent: 2 - Mayor Kreutzer, and Councilmember Pollack
3. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
Daryl Meyers, Brighton. Mr. Meyers expressed concern regarding how issues are being addressed in the City, the conduct of City Council members and the recall.
Motion by Councilmember Johnston, seconded by Councilmember Wallin, to sustain the Chair’s determination of the Point of Order. The motion failed by the following vote:
Aye: 2 - Mayor Pro Tem Edwards, and Councilmember Humbert
No: 6 - Councilmember Baca, Councilmember Blackhurst, Councilmember Johnston,
Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Mayor Kreutzer
Councilmember Pollack responded to Mr. Meyers regarding his concerns regarding the recall.
PJ Kite, Brighton. Mr. Kite expressed concern regarding what half of Council is doing and asked that everyone move forward with choosing a new Mayor.
Michael Boutwell, Brighton. Mr. Boutwell expressed concern regarding City Council, the water from Thornton and the division in the City of Brighton.
4. PUBLIC HEARINGS
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO AMENDING THE CITY OF BRIGHTON MUNICIPAL CODE BY THE REPEAL IN ITS ENTIRETY AND READOPTION OF CHAPTER 17, LAND USE AND DEVELOPMENT CODE, AND SETTING FORTH OTHER DETAILS IN RELATION THERETO
Mayor Pro Tem Edwards read the title of the Ordinance into the record.
Mayor Pro Tem Edwards opened the public hearing at 6:35 p.m. and City Clerk Natalie Hoel verified the required postings and publications (October 23, 2019 in the Brighton Standard Blade) for this public hearing were completed.
Acting City Manager Marv Falconburg introduced Long Range Planner Aja Tibbs and Community Development Director Holly Prather.
Community Development Director Holly Prather explained that the City has been working with an outdated zoning Ordinance. The Ordinance does not fit existing development in the community nor does it facilitate the achievement or vision for the future. The City updated the Comprehensive Plan in 2016 with input from the community regarding the communities’ values and vision for future development. The Comprehensive Plan recommended updating the Land Use and Development Code. This is necessary because older zoning and subdivision regulations often contain complex sets of rigid regulations that lump specific uses into a structure that actively works against achieving a mix of uses and dimensional standards designed to achieve a particular, often times suburban development format that may not reflect the vision of the community. Updating the zoning Ordinance and subdivision regulations is not a simple process as it involves reconciling adopted policy with existing development patterns, future development goals and often competing interests of landowners, residents, the business community and elected officials. With so many interested parties and so much at stake for the community, new regulations must be vetted through a thoughtful process. Long Range Planner Aja Tibbs and Chris Brewster with Gould Evans have worked for the past two years to update the City’s Land Use and Development Code. Director Prather thanked everyone that was involved in the process.
Mr. Brewster explained that staff and the consultants spent a year reviewing information prior to suggesting any changes to the Code. Phase 1 included public meetings, Study Session meetings with City Council, community tours and two public hearings. The Plan Conformance Report explains the changes to the Code and the reasons for those changes. Phase 2 included touring and studying other communities and their Codes to determine if Brighton would benefit from any of those ideas. The approved PUD’s in the City helped to make positive changes to the Code. Three main items drive the Code, street types, open space types and building types & land use. The draft regulations were put together from October 2018 to present.
The changes that have taken place since the Study Session include the following: Article 2, applications and procedures. Provisions were put in place so a PUD could convert to the new Code if they were moving closer to the new Code. Some changes were made to the site improvements and site plan process for the administrative reviews of staff. This will help facilitate some of the different development applications being submitted. The annexation procedures and right-of-way vacations have been added. In Article 4 - zoning districts, slight changes were made to the AR, RE and AE so there are more development opportunities in the Rural Ag setting. In Article 5, residential design standards some changes were made to clarify exceptions to setbacks, accessory buildings and some of the frontage types to make them work easier and be more clearly applied. The detached house for the compact lot was adjusted to allow a slightly smaller side setback to reflect the smaller lot patterns. In Article 6, non-residential design standards a change was made to clarify when some of the exceptions of setbacks and frontage sites would apply.
Key changes in the procedures include consolidating the common procedures so the document is more user friendly and easier to administer. Each application was then broken down so each would have its own review criteria. This helps to tie this document more closely to the Comprehensive Plan. The platting process was changed to make it more streamlined for Planning Commission and City Council approval. All of this information will be in the subdivision plan. This is a preliminary approval of all of the major concepts and infrastructure elements and subdivision layout. The final plats could then be approved administratively by staff as long as they are meeting the approved subdivision plan. There will be a new process for a “planned development” approach. The conditional use and special use permitting process has been merged into a single process with the opinion that the Planning Commission should be reviewing the more routine and site design conditional uses.
Key changes in Article 3 include aligning street and open space more closely with the Comprehensive Plan. These come from the active transportation policies from the Transportation Master Plan. Changes were made to the open and civic spaces to refine the types of open spaces so they can be better geared toward different contexts. This includes large-scale natural open spaces to smaller, more compact spaces that would support a mixed-use development or more dense neighborhoods. Housing options are being refined toward the idea of density. This gives more assurances of the shape the density so it can be better chosen for a broader range of housing options. By associating these housing options with a specific type, the zoning districts can be better chosen for the appropriateness of the building types. Accessory dwelling units will be available in all zoning districts subject to design criteria and conditions.
The current commercial design standards and mixed-use design standards were simplified into a few basic components. This includes pairing the frontages better to the front of the types of street, whether more vehicle and pedestrian oriented. There is a new approach to Downtown, the current plan states that everything goes to site plan review with no real guiding criteria. Some of the starting points for these discussions for site plan review have been changed toward the different street types, pedestrian or car oriented. Downtown has been mapped out to have a better filter and builds expectations for development Downtown. The 4th street corridor overlay will rely on the residential building types and frontage types that were built into the Code. These are typically residential buildings being used as a commercial property.
If this Ordinance is approved at first and final reading, these changes will go into effect on January 1, 2020.
Mayor Pro Tem Edwards asked if anyone in the audience had questions for the applicant, there was none.
Mayor Pro Tem Edwards asked if anyone in the audience wished to speak on behalf of the request, there was none.
Mayor Pro Tem Edwards asked if anyone in the audience wished to speak against the request.
Susan Wade, with Redland, Littleton. Ms. Wade is a senior planner and reviews municipal codes daily. Ms. Wade has some concerns regarding the development standards that could raise the cost of housing in the City and limit the variety of housing types. Ms. Wade requested that a review of these changes take place in six months and eighteen months to see how these new procedures play out. Water is key in the community and Ms. Wade is concerned that the large amount of open space required would become a deterrent for developers.
Director Prather explained that once this Code is adopted staff would assess the impact of the regulations regularly; there will be an ongoing review. Director Prather feels staff will come back at six months for a review and could commit to a review at eighteen months. Staff recognizes that the Code needs to be workable; staff wants to progress and grow in a sustainable manner and be an economically viable community. Staff will continue to come back with updates to the Code.
Mayor Pro Tem Edwards asked if any correspondence had been received, there was none.
Mayor Pro Tem Edwards asked if there were questions from City Council.
Councilmember Blackhurst has put his trust in staff because Council does not entirely understand this Code. Staff does understand what Council would like to see in the community and it is important to recognize the need for change. Councilmember Blackhurst supports this change because of his trust in City staff and the competence of the consultant. As the City moves forward there has to be more discussion from Council regarding affordable housing. When the standards are updated, there is a trickle-down effect and there needs to be a discussion regarding ways to maintain affordable housing.
Councilmember Humbert commended staff for their hard work on this plan.
Mayor Pro Tem Edwards agreed that Brighton was once an affordable place to live and it is necessary to have affordable housing in the City.
Councilmember Mills asked if an amendment had to be made to the Ordinance to have a review at eighteen months. Director Prather explained that Council could add a condition that a review would be done at six and eighteen months. Staff will bring back a review of the Code amendment in January or February with minor changes. City Attorney Jack Bajorek explained that this is a legislative act. Creating an amendment that conditions that would be problematic. City Attorney Bajorek recognizes that there is a need to revisit this periodically and suggests that Council direct the City Manager to direct staff to bring periodic updates to City Council.
Mayor Pro Tem Edwards closed the public hearing at 7:08 p.m.
Motion by Councilmember Mills, seconded by Councilmember Wallin, to approve the Ordinance. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Mayor Kreutzer
5. ORDINANCES FOR INITIAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING A LOT LINE AGREEMENT BY AND BETWEEN THE CITY OF BRIGHTON AND BARRY K. OHLEMEIER, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
Mayor Pro Tem Edwards read the title of the Ordinance into the record.
Acting City Manager Falconburg introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle presented the Ordinance approving the lot line agreement with Mr. Barry Ohlemeier concerning Fairview Cemetery. The City of Brighton acquired Fairview Cemetery in 2000. While investigating unmarked burials at Fairview Cemetery using ground penetrating radar staff found twelve unmarked graves that are not on cemetery property. The burials took place prior to the City acquiring the land and are located in the northeast corner of the cemetery. To protect the graves, they all need to be located on City property. Staff has been working with the property owner to obtain a Lot Line Agreement that would adjust the lot line between the Ohlemeier property and the Fairview Cemetery property. The Lot Line Agreement would transfer 2,122 sq. ft. of land to the City and would transfer 1,383 sq. ft. of City land to the Ohlemeier property. The City will pay Mr. Ohlemeier $1,012.43 for the additional 739 sq. ft. of land that the City will receive. The Lot Line Agreement would allow the City to construct a fence between the Ohlemeier property and the Fairview Cemetery property. The funds are budgeted in the 2019 Capital Improvement Fund to construct the fence and acquire the land.
Motion by Councilmember Blackhurst, seconded by Councilmember Humbert, to approve the Ordinance. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Mayor Kreutzer
6. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO ADOPTING THE REVISED EMERGENCY OPERATIONS BASE PLAN (THE 2019 PLAN); AUTHORIZING AND INSTRUCTING THE CITY MANAGER, IN CONJUNCTION WITH THE EMERGENCY MANAGEMENT COORDINATOR, TO IMPLEMENT SAID 2019 PLAN WHEN APPROPRIATE; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor Pro Tem Edwards read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Emergency Management Coordinator Stephanie Hackett.
Emergency Management Coordinator Stephanie Hackett explained that every two years an update of the plan is brought to City Council for adoption. The Plan is evaluated and updated throughout that two-year process to be sure to capture any lessons learned and best practices during emergency events. This will incorporate any changes that have been made to the Plan over the past two years. The Emergency Support Function has been removed from the Plan and the EOC has been reorganized to be more functional based on the core functions of Emergency Services, Community Services, Infrastructure and the general staff functions in the EOC. The EOC structure has been organized around the community lifelines that were put out by FEMA. These have been integrated in the plan to be sure that they are used for situational awareness and for priority updates within the City.
Motion by Councilmember Mills, seconded by Councilmember Baca, to approve Resolution 2019-118. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Mayor Kreutzer
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING LODGING TAX GRANTS AND ALLOCATIONS FROM THE LODGING TAX FUND IN THE AMOUNT OF FOUR HUNDRED SIXTY THOUSAND DOLLARS ($460,000) FOR CALENDAR YEAR 2020; DESIGNATING THE RECIPIENTS AND AMOUNTS OF SAID GRANTS AND ALLOCATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS WITH THE RECIPIENTS OF THE 2020 ALLOCATION ON BEHALF OF THE CITY; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor Pro Tem Edwards read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Lodging Tax Advisory Committee Chair Todd Brummond.
Lodging Tax Advisory Committee Chair Todd Brummond reported that City Council requested that the committee condense the grant application process. The Committee has a new website and the application is available online. Two years ago, the Committee recommended allocating 40% to the Economic Development (EDC), 40% to the Cultural Arts Commission and the Lodging Tax Advisory Committee would allocate the remaining 20% to various applicants. $200,000 was allocated to the EDC and $200,000 was allocated to the Cultural Arts Commission leaving $60,000 to be allocated by the Lodging Tax Advisory Committee. The Brighton Youth Commission will receive $45,000 for the Image Summit and $15,000 for Speak Week. The Committee received eleven applications, two were referred to EDC, six to Cultural Arts, two Youth Commission grants received funds from the Committee and one project was tabled for further discussion. Committee Chair Todd Brummond answered questions from Council regarding:
• The split funding being a pilot program.
• The way the funds are spent by the Cultural Arts Commission.
• The Youth Commission doing any fundraising.
• Discover Brighton receiving Lodging Tax funding.
• The funds received by Discover Brighton being more than in the past.
Motion by Councilmember Humbert, seconded by Councilmember Johnston, to approve Resolution 2019-119. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Mayor Kreutzer
7. EXECUTIVE SESSION
Motion by Councilmember Wallin, seconded by Councilmember Blackhurst, to go into Executive Session at 7:39 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 Litigation. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Mayor Kreutzer
Mayor Pro Tem Edwards reconvened the meeting at 9:02 p.m.
8. ADJOURNMENT
Motion by Councilmember Wallin, seconded by Councilmember Blackhurst, to adjourn at 9:05 p.m. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Mayor Kreutzer
CITY OF BRIGHTON, COLORADO
_____________________________
J. W. Edwards, Mayor Pro Tem
ATTEST:
______________________________
Natalie Hoel, City Clerk
______________________________
Approval Date