City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, May 15, 2018
7:00 PM
Council Chambers
City Council
MAYOR - KENNETH J. KREUTZER
MAYOR PRO-TEM - JW EDWARDS
COUNCIL MEMBERS:
LYNN BACA, CLINT BLACKHURST, MARK HUMBERT,
MATT JOHNSTON, GREGORY MILLS, MARY ELLEN POLLACK,
KIRBY WALLIN
1. CALL TO ORDER
Mayor Pro Tem Edwards called the meeting to order at 7:03 p.m.
A. Pledge of Allegiance to the American Flag
Councilmember Wallin 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
Mayor Pro Tem Edwards asked if City Council had any objection to Councilmember Wallin acting as Mayor Pro Tem, there was none.
2. APPROVAL OF REGULAR AGENDA
Motion by Councilmember Wallin, seconded by Councilmember Blackhurst, to approve the Regular Agenda as presented. 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
3. CONSENT AGENDA
A. Approval of the April 17, 2018 City Council Minutes
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO AUTHORIZING THE REIMBURSEMENT TO THE BRIGHTON HOUSING AUTHORITY PURSUANT TO THE TERMS OF THE 2013 MEMORANDUM OF UNDERSTANDING WITH THE CITY IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000); FINDING THAT THE EXPENSES FOR SUCH REIMBURSEMENT ARE CONSISTENT WITH THE TERMS OF THE MOU AND THAT SUFFICIENT FUNDS FOR SUCH REIMBURSEMENT ARE IN THE 2018 BUDGET; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Item 3B was moved to Item 10A.
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING SARA DAWSON AS A PROFESSIONAL MEMBER OF THE BRIGHTON HISTORIC PRESERVATION COMMISSION WITH A TERM TO JUNE 2022
Resolution No: 2018-60
Councilmember Blackhurst asked that Item 3B be removed from the Consent Agenda to become Item 10A.
Motion by Councilmember Mills, seconded by Councilmember Pollack, to approve the Consent Agenda as amended. 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
4. CEREMONIES
A. Swearing In of New Board and Commission Member
City Clerk Natalie Hoel swore in new Historic Preservation Commission Member Sara Dawson.
B. Archeology & Historic Preservation Month Proclamation
Mayor Pro Tem Edwards read the Proclamation into the record and presented it to Danielle Henninger, Chairperson for the Brighton Historic Preservation Commission.
Motion by Councilmember Humbert, seconded by Councilmember Wallin, to approve the Proclamation. 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
C. Kids to Parks Day Proclamation
Mayor Pro Tem Edwards read the Proclamation into the record and presented it to Parks and Recreation Director Gary Wardle.
Motion by Councilmember Baca, seconded by Councilmember Blackhurst, to approve the Proclamation. 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
D. Recognition of the DECA Award Winners
Mayor Pro Tem Edwards presented certificates to the DECA Award winners Ashley Veik, Avery Nelson, Kylie Medina, Michael Landwehr Jr., and Yileamy Sanchez.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
Jennifer Kite, Brighton. Ms. Kite expressed concern regarding the continuing roadwork at 50th Avenue and Bridge Street. This work has caused many issues with delays and flooding in the area.
6. PUBLIC HEARINGS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE PRAIRIE CENTER MAJOR RETAIL 4 SUBDIVISION FINAL PLAT AND DEVELOPMENT AGREEMENT FOR APPROXIMATELY 17.434 ACRES OF PROPERTY, GENERALLY LOCATED WITHIN THE SOUTHEAST QUARTER OF SECTION 16 AND THE NORTHEAST QUARTER OF SECTION 21, 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
Mayor Pro Tem Edwards read the title of the Resolution into the record.
Mayor Pro Tem Edwards opened the public hearing at 7:31 p.m. and City Clerk Natalie Hoel verified the required postings and publications (May 9, 2018 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Philip Rodriguez introduced Associate Planner Josh Tetzlaff.
Associate Planner Josh Tetzlaff presented the Final Plat application for a commercial subdivision existing of seven lots located at the corner of Eagle Boulevard and Prairie Center Parkway known as the Prairie Center Major Retail 4 Subdivision. At the platting stage, the property has been annexed into the City and given a zoning designation describing the allowed uses for the property. During the final plat stage, the applicant is proposing property lines and has not necessarily decided how the property will be developed. The applicant and City staff have worked on a Development Agreement. City Council must determine if the proposed property lines make sense for the uses allowed by the zoning and to consider approval of the accompanying agreement. The property was annexed into the City in 1986 as part of the Third Creek 2nd Annexation and is currently zoned as part of the Prairie Center PUD. This area is designated to be developed as commercial with mixed uses. The property is currently undeveloped and is surrounded by commercial development to the west and north. The Comprehensive Plan designates this area as appropriate for commercial. This project will add commercial lots to Brighton. This meets the second Comprehensive Plan principle of having a balance of residential and non-residential uses. Section 17-40-210 of the Land Use and Development Code states that the Plat must comply with the zoning Ordinance and the Prairie Center PUD regulations. Staff finds that the Plat meets these requirements. This project will bring seven lots to Brighton over a 17-acre area. The lots will range in size from ¾ acre to 7.6 acres. Much of the major infrastructure is in place around the area and the internal infrastructure will be maintained by the Prairie Center Metro District No. 4. The Development Agreement is addressing a non-potable water line extension, internal sidewalks, water taps and landscaping. Notice of the Final Plat was sent to all property owners immediately adjacent to the property as required by Code. Notice was posted in the Brighton Standard Blade, on the City website and signs were posted on the property. Staff has not received any formal comments regarding this project. Staff recommends approval of the Final Plat since it meets the review criteria in Section 17-40-210 of the Land Use and Development Code and conforms to the Comprehensive Plan.
Mayor Pro Tem Edwards asked if the applicant would like to add anything to the presentation.
Mike Tamblyn, THF Prairie Center Development, Denver, Colorado. Mr. Tamblyn explained that this is an important project located at the main entrance into Prairie Center. The strict Prairie Center design guidelines will apply to the Retail 4 area and will ensure the use of high quality building materials and provide a cohesive look with the rest of the Prairie Center project. There will be a nice mix of residential, retail and service tenants in this area. Construction is anticipated to being this summer with completion in late fall. This includes the roadway construction and landscape improvements. Mr. Tamblyn introduced Travis Frasier, the Civil Engineer on the project.
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, there was none.
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 Mills asked if there is a prospective tenant for the area. Mr. Tamblyn stated that there is interest and tenants will be brought on after construction.
Councilmember Humbert asked if a restaurant would be located in the area. Mr. Tamblyn said there would be.
Councilmember Blackhurst is excited to see more development at this corner; it is good to see more businesses coming into the City.
Councilmember Johnston asked if this area would have many vacant buildings like the other areas in Prairie Center. Mr. Tamblyn explained that there is more interest in the Village Shops in addition to the new buildings. The new area does not include any additional small shop space. Councilmember Johnston asked what it means that the interior roads are private. Planner Tetzlaff explained that the City would not maintain the interior roads; they will be built and maintained by the Metro District.
Mayor Pro Tem Edwards closed the public hearing at 7:44 p.m.
Motion by Councilmember Humbert, seconded by Councilmember Blackhurst, to approve Resolution 2018-61 approving the Prairie Center Major Retail 4 Subdivision Final Plat and Development Agreement for approximately 17.434 acres of property, generally located within the southeast quarter of section 16 and the northeast quarter of section 21, 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. 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. CONSOLIDATED ITEMS FOR SEQUENTIAL REVIEW
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE FULTON PLAZA SUBDIVISION FILING NO. 1 FINAL PLAT AND DEVELOPMENT AGREEMENT FOR APPROXIMATELY 12.29 ACRES OF PROPERTY, GENERALLY LOCATED WITHIN THE SOUTHEAST QUARTER OF SECTION 5, 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)
Mayor Pro Tem Edwards read the title of the Resolution into the record.
Mayor Pro Tem Edwards opened the public hearing at 7:46 p.m. and City Clerk Natalie Hoel verified the required postings and publications (April 25, 2018 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Rodriguez introduced Associate Planner Mike Tylka.
Associate Planner Mike Tylka presented the Final Plat and Development Agreement for the Fulton Plaza Subdivision at 1931 Bridge Street. The owner is Adams County and is represented by Jennifer Woods and Ayers Associates is serving as the applicant. The property is located at the northeast corner of Bridge Street and 19th Avenue. The 12.29-acre area is currently one unplatted parcel owned by Adams County. Platting is the third step in the development process after annexation and zoning. The southern portion of the property is the previous location of the Adams County Court and office buildings. The northern portion of the property is the location of an existing maintenance facility. The property was annexed into the City in 1960 as part of a larger annexation area and was zoned to Public Land as part of a citywide zone update in 1976. The property is surrounded by commercial zoning to the west and south, apartments to the east and the County Detention Facility to the north. The southern lot of approximately 7.39 acres is to be rezoned and sold; the rezoning is scheduled for final reading tonight. There is a tract of 1.2 acres reserved for drainage in the northwest section of this Plat. The second lot of 3.5 acres will continue to be maintained by the County with the existing operations facility. The northern lot and tract will remain to be zoned as Public Land and the southern lot is up for final consideration to be rezoned to C-3 tonight.
The Comprehensive Plan designates the entire property as Public Land. The plan outlines that growth should be prioritized in coordination with transportation and further outlines the Bridge Street corridor as an opportunity area where infill development and redevelopment can work to improve the area’s appearance, investment, bicycle and pedestrian systems. The managing growth principle of the plan states that new growth should favor existing areas of infrastructure, investment and planning. Private development should also pay its own way. The multimodal development principle of the plan states that development patterns that support all modes of transportation should be encouraged. The Final Plat supports all of the mentioned goals and principles by the location of the development and the Development Agreement itself further supports them by ensuring that the future developer of Lot 1 or redeveloper of Lot 2 will be responsible for the improvements to the site. Access to the site will be granted over Lot 2 over the existing road. Adams County, the owner of Lot 2, will continue to be responsible for the maintenance of the drainage tract. The proposal complies with Section 17-40-210 of the Land Use and Development Code outlining the Plat requirements and also complies with Section 17-16-160 and Section 17-16-200 dealing with the zone districts PL and C-3.
The Development Agreement sets forth the developer’s responsibilities regarding the construction and maintenance of various improvements within the development, including the placement and consolidation of access points, the undergrounding of utility poles on the west side of the development, and the roadway sidewalk and trail improvements on the site. This Agreement requires that the agreed to improvements will be completed by the future, yet to be known developer. The final designs for these improvements as outlined in the Agreement will be submitted at the time a future developer submits a final development plan that specifies the proposed facilities at the site that correspond with the zoning uses. Staff will be responsible for administratively approving the final development plan prior to the developer being able to apply for building permits.
On April 25, 2018, all required notices were provided: publication in the Brighton Standard Blade, signs posted on the property and the City website and written notice mailed to all adjacent property owners. Two general inquiries were received and staff has not received any formal comments. On March 13, 2018 the Planning Commission recommended approval of the Preliminary Plat, the Final Plat is substantially similar to this document. Staff recommends approval of the Final Plat as it generally conforms to the Comprehensive Plan and is in conformance with the Land Use and Development Code. Staff also recommends approval of the Development Agreement as it is consistent with the Final Plat, aligns with the Master Transportation Plan and provides the future developer with clear expectations in terms of public infrastructure and other requirements.
Mayor Pro Tem Edwards asked if the applicant would like to add anything to the presentation.
Chris Pletcher, Ayres Associates stated that he has no further comments.
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, there was none.
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 Johnston pointed out that there was a mistake on the Final Plat; it references a Code from Aurora. City Attorney Brubaker explained that City Council could approve the Resolution with the condition that the Plat would be corrected to reference the proper reference from the City of Brighton Code.
Councilmember Wallin asked if the mature trees on the site would be removed for development. Planner Tylka explained that this was not addressed in the Development Agreement, but staff could talk to the developer and encourage them to save some of the trees.
Mayor Pro Tem Edwards asked how the motion would be made to amend the Plat. City Attorney Brubaker explained that the motion would state that the Final Plat would be changed to reference the correct provisions of the BrightonCode. Mayor Pro Tem Edwards asked if this item would be brought back for Council approval if the motion were amended. City Attorney Brubaker explained that the only way for Council to see this item again would be to continue the public hearing. Mayor Pro Tem Edwards asked Councilmember Johnston if he would support the motion to move forward with the correction. Councilmember Johnston explained that he would support the amendment if it were certain the change would be made.
Mayor Pro Tem Edwards closed the public hearing at 8:01 p.m.
Motion by Councilmember Blackhurst, seconded by Councilmember Mills, to approve Resolution 2018-62 approving the Fulton Plaza Subdivision Filing No. 1 Final Plat and Development Agreement for approximately 12.29 acres of property, generally located within the southeast quarter of section 5, 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, as amended to correct the Final Plat to reference the correct provisions of the BrightonCode. 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. AN ORDINANCE OF THE CITY OF BRIGHTON CITY COUNCIL, APPROVING THE
REZONING OF AN APPROXIMATELY 7.39 ACRE AREA OF LAND GENERALLY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, FROM A ZONING DESIGNATION OF PUBLIC LAND (PL) TO A ZONING DESIGNATION OF GENERAL RETAIL AND SERVICES (C-3) (FINAL READING)
Mayor Pro Tem Edwards read the title of the Ordinance into the record.
Mayor Pro Tem Edwards asked if there were any comments from the audience on the second reading of the Ordinance, there were none.
Motion by Councilmember Wallin, seconded by Councilmember Baca, to approve Ordinance 2281 approving the rezoning of an approximately 7.39 acre area of land generally located in the southeast quarter of section 5, township 1 south, range 66 west of the 6th principal meridian, City of Brighton, County of Adams, State of Colorado, from a zoning designation of Public Land (PL) to a zoning designation of General Retail and Services (C-3). 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
8. ORDINANCES FOR INITIAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING A RESIDENTIAL LEASE OF A CITY OWNED HOUSE LOCATED AT 14605 SABLE BLVD, BRIGHTON, CO IN SECTION 18, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF ADAMS, STATE OF COLORADO (THE “HATTENDORF PROPERTY”), TO PETROCCO FARMS, INC.; SETTING FORTH THE TERMS OF SAID LEASE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LEASE ON BEHALF OF THE CITY
Mayor Pro Tem Edwards read the title of the Ordinance into the record.
City Manager Rodriguez introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle presented the Ordinance approving a lease for a City owned house and adjoining buildings at 14605 Sable Boulevard known as the Hattendorf property to Petrocco Farms. The City purchased the Hattendorf Farm in 2017 to preserve 62.19 acres as farmland. The farmland is currently leased by Dave Petrocco for five years; this property was leased in 2017. The residence was leased to the Andersons as part of the sale to the City and they left the property in April 2018. Dave Petrocco and Petrocco Farms desires to lease the house as part of their farming operation. The City will receive $12,000.00 per year for the lease of the residence and Petrocco Farms will take care of all utilities and maintenance of the house. Leasing opportunities for all of the City’s farm leases will be advertised in 2019, for renewal in 2020. The Hattendorf farm and residence will be included in those leases. Director Wardle answered questions from Council regarding:
• The home being inhabited.
• The land being farmed.
Motion by Councilmember Humbert, seconded by Councilmember Mills, to approve the Ordinance approving a residential lease of a City owned house located at 14605 Sable Boulevard, Brighton, CO in section 18, township 1 south, range 66 west of the 6th principal meridian, County of Adams, State of Colorado (The “Hattendorf Property”), to Petrocco Farms, Inc.; setting forth the terms of said lease; and authorizing the City Manager to execute said lease on behalf of the City. 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
9. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO AMENDING SPECIFIED SECTIONS OF THE BRIGHTON MUNICIPAL CODE RELATED TO CONDITIONAL USES AND SETTING FORTH OTHER DETAILS IN RELATION THERETO
Mayor Pro Tem Edwards read the title of the Ordinance into the record.
City Manager Rodriguez explained that this is the final reading of the Ordinance and there have not been any changes since first reading.
Councilmember Wallin expressed his concern regarding taverns, lounges, bars and microbreweries becoming a use-by-right in the Downtown area with no way to control oversaturation of these types of businesses Downtown.
Associate Planner Josh Tetzlaff, City Attorney Margaret Brubaker and City Manager Philip Rodriguez answered questions from Council regarding:
• The process if someone applied to open a new bar in the Downtown area.
• The ability to have community input and other control measures for new liquor establishments in the Downtown area.
• The process for a new liquor license now being handled administratively.
• The proposed use-by-right for liquor establishments being initiated by a Downtown property owner.
• Leaving applications for liquor licensed establishments a Conditional Use Downtown.
• Conditional Use applications being presented to the Planning Commission for approval.
Motion by Councilmember Wallin, seconded by Councilmember Pollack, to continue the final reading of the Ordinance to a date certain of June 26, 2018 to consider the issue regarding the saturation of liquor establishments in Downtown Brighton. 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 called for a break at 8:31 p.m.
Mayor Pro Tem Edwards reconvened the meeting at 8:40 p.m.
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO AMENDING SPECIFIED SECTIONS OF THE BRIGHTON MUNICIPAL CODE RELATED TO PUBLIC HEARING NOTIFICATIONS AND, SETTING FORTH OTHER DETAILS IN RELATION THERETO
Mayor Pro Tem Edwards read the title of the Ordinance into the record.
City Manager Rodriguez explained that this is the final reading of the Ordinance and there have not been any changes since first reading.
Mayor Pro Tem Edwards asked if there were any comments from the audience on the second reading of the Ordinance, there were none.
Motion by Councilmember Wallin, seconded by Councilmember Blackhurst, to approve Ordinance 2282 amending specified sections of the Brighton Municipal Code related to Public Hearing Notifications and, setting forth other details in relation thereto. Motion passed by the following vote:
Aye: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
No: 1 - Councilmember Johnston
Absent: 1 - Mayor Kreutzer
10. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO AUTHORIZING THE REIMBURSEMENT TO THE BRIGHTON HOUSING AUTHORITY PURSUANT TO THE TERMS OF THE 2013 MEMORANDUM OF UNDERSTANDING WITH THE CITY IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000); FINDING THAT THE EXPENSES FOR SUCH REIMBURSEMENT ARE CONSISTENT WITH THE TERMS OF THE MOU AND THAT SUFFICIENT FUNDS FOR SUCH REIMBURSEMENT ARE IN THE 2018 BUDGET; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor Pro Tem Edwards read the title of the Resolution into the record.
Councilmember Blackhurst asked for a breakdown of the totals for the reimbursement.
Assistant City Manager of Development Marv Falconburg presented the breakdown for the BHA Professional Services as follows:
• Graphics and Visioning - up to $14,000.00
• Applicant Assistance Program (AAP) - up to $25,000.00
• Housing Development Opportunities Consulting - up to $36,000.00
• Homeless Housing and Cold Weather Care - up to $30,000.00
These costs are the same as previous years with the addition of the $30,000.00 for the Homeless Housing and Cold Weather Care that was requested by City Council. If this works well, staff will discuss with City Council including this same amount in the budget next year.
Assistant City Manager Falconburg answered questions from Council regarding:
• The proposal for $70,000.00 to help seven families and the funding sources for this program.
Executive Director of Housing Authority Joseph Espinosa thanked City Council for their continued support of the Brighton Housing Authority and explained the program to help homeless families in the City.
Motion by Councilmember Blackhurst, seconded by Councilmember Pollack, to approve the Resolution 2018-59 authorizing the reimbursement to the Brighton Housing Authority pursuant to the terms of the 2013 Memorandum of Understanding with the City in an amount not to exceed $105,000.00; finding that the expenses for such reimbursement are consistent with the terms of the MOU and that sufficient funds for such reimbursement are in the 2018 budget; and setting forth other details related thereto. 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
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, AUTHORIZING THE FRICO-BRIGHTON BYPASS AGREEMENT BETWEEN THE CITY OF BRIGHTON AND THE FARMER’S RESERVOIR AND IRRIGATION COMPANY (FRICO) FOR THE BYPASS OF CERTAIN WATER RIGHTS FROM DIVERSION BY FRICO FOR THE TOTAL SUM OF ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000); AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY AND TO UNDERTAKE SUCH TASKS AS MAY BE REQUIRED TO IMPLEMENT THE PROVISIONS OF THE AGREEMENT ON BEHALF OF THE CITY
Mayor Pro Tem Edwards read the title of the Resolution into the record.
City Manager Rodriguez introduced Utilities Director Curt Bauers.
Utilities Director Curt Bauers explained that the FRICO Brighton Bypass Agreement regulates the City’s use of and ownership in capacity in a bypass structure previously constructed by FRICO near their headgate. The FRICO 3 way consists of the Farmers Reservoir and Irrigation Company, the Burlington Ditch Reservoir and Land Company and Henrylyn Irrigation District. They jointly constructed a bypass structure on the Burlington/O’Brian canal, which turns water back to the South Platte River after they have diverted it from the river before it is measured through the Burlington headgate. Brighton would be buying 5 cfs capacity in that structure in order to be able to bypass City owned water past the headgate when the Burlington water right is the calling right on the river and when the City would otherwise lose the water to the Burlington canal. The Mt. Carbon water that was previously purchased is the perfect example of why this is needed. This water right would yield significantly less water without this ability to bypass some of the water during the summer season. If the City owns water rights further upstream in the river, they would be diverted when the Burlington is the calling right into that system and the City would be unable to get water to the Ken Mitchell location. With this agreement, the City will get 5 cfs of ownership in their structure to be used when the City needs it for a price of $150,000.00. This price was negotiated off the purchase price for the Mt. Carbon water. Director Bauers answered questions from Council regarding:
• The amount of water equaling 5 cfs.
• The need to augment this water.
• There being a savings to the City for the 5 cfs at this price.
Motion by Councilmember Blackhurst, seconded by Councilmember Humbert, to approve Resolution 2018-63 acting by and through its Water Activity Enterprise, authorizing the FRICO-Brighton Bypass Agreement between the City of Brighton and the Farmer’s Reservoir and Irrigation Company (FRICO) for the bypass of certain water rights from diversion by FRICO for the total sum of $150,000.00; and authorizing the City Manager to execute said Agreement on behalf of the City and to undertake such tasks as may be required to implement the provisions of the Agreement on behalf of the City. 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, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, ACCEPTING THE PROPOSAL OF MARTIN/MARTIN AND AWARDING THE CONTRACT FOR THE RO CONCENTRATE RESOLUTION PROJECT TO MARTIN/MARTIN CONSULTING ENGINEERS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-FOUR THOUSAND ONE HUNDRED EIGHTY-FIVE DOLLARS ($174,185.00) AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor Pro Tem Edwards read the title of the Resolution into the record.
City Manager Rodriguez introduced Utilities Director Curt Bauers.
Utilities Director Curt Bauers explained that Reverse Osmosis (RO) is a water treatment technology that requires pressurizing water to force it through a tiny membrane with very small pores. The only thing that can pass through these pores is water; very little other impurities remain. That water is known as permeate. Approximately 80% of permeate can then be chlorinated and delivered to customers. The other 20% takes the impurities and water that does not pass through the membranes; this is the concentrate. The concentrate is also referred to as brine because the RO process also removes the salts. The RO Plant was installed 25 years ago to remove nitrates in the water. The raw water is in excess of the EPA drinking water standards for nitrates. When the RO Plant was first installed, there were not any restrictions and the concentrate was discharged directly into the South Platte River. About 15 years ago, the discharge limits were decreased and the City began studying how to comply with the lower limits particularly the nitrates. The City was able to get the Discharge Permit reissued a few years ago and with that received, an extended compliance schedule to meet the new discharge limits in 2020. The previous studies and reports thoroughly examined a multitude of potential solutions for the RO concentrate. These projects identified two general treatment strategies for further review that was presented at the end of last year. This RO concentrate project will take the next steps by finalizing the one, best treatment option, performing some additional pre-engineering to ensure that the treatment option is fully vetted and can be constructed reasonably and feasibly. This will allow staff to move on to full design of the RO concentrate treatment solution. This was advertised for a Request for Qualifications (RFQ) and four consultants were short-listed from the RFQ process, and a detailed RFP was prepared. Five members of the Utilities staff evaluated the proposals, filled out an evaluation matrix and those were based on five areas of competency. The breakdown of the matrix is as follows: 25% was responsiveness to the City’s needs, 20% is responsibility of the firm and experience with projects of similar size and scope in nature, 30% was the degree to which the proposal met or exceeded the terms of the RFP, 10% was the result of reference checks and past performance, and 15% was based on the firms fee for those services. Martin/Martin has the overall highest score and a proposed price of $174,185.00. Staff believes that although Martin/Martin was not the low bid, they exhibited the most thorough understanding of the importance of the project and the significant hours needed to review all of the studies that the City had compiled. They brought considerable additional expertise on the project by proposing to team with HDR Consultants who have a strong water treatment group. Staff recommends award to Martin/Martin in the amount not to exceed $174,185.00 to deliver the final recommendation on how to treat the RO concentrate to meet the CDPHE Permit requirements and to provide a Class 4 cost estimate for eventual construction. Director Bauers answered questions from Council regarding:
• The reason Martin/Martin was chosen over the other bidders.
• The extra services the City is receiving for the additional cost.
Motion by Councilmember Mills, seconded by Councilmember Blackhurst, to approve Resolution 2018-64 acting by and through its Water Activity Enterprise, accepting the proposal of Martin/Martin and awarding the contract for the RO Concentrate Resolution Project to Martin/Martin Consulting Engineers in an amount not to exceed $174,185.00 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: 6 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, and Councilmember Mills
No: 2 - Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Mayor Kreutzer
12. GENERAL BUSINESS
A. Cancel the May 22, 2018 Study Session Meeting
Motion by Councilmember Mills, seconded by Councilmember Humbert, to cancel the May 22, 2018 Study Session meeting. Motion passed by the following vote:
Aye: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
No: 1 - Councilmember Johnston
Absent: 1 - Mayor Kreutzer
B. Cancel the July 3, 2018 City Council Meeting
Motion by Councilmember Blackhurst, seconded by Councilmember Pollack, to cancel the July 3, 2018 City Council meeting. 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
13. REPORTS
A. By the Mayor
B. By Department Heads
C. By the City Attorney
D. By the City Manager
14. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Baca attended the Fire Board meeting.
Councilmember Humbert attended the Help for Homes and reported that Friday is the Eye for Art reception with the pARTy bus. Saturday is the Blues Blast concert and Sunday is the Historic Preservation luncheon and tour.
Councilmember Mills attended Help for Homes, the National Day of Prayer, the Law Day breakfast, the Colorado Prayer luncheon and the fundraiser for Officer Cuney.
Councilmember Blackhurst attended the Youth Commission meeting and SPEAK Week was a success.
Councilmember Pollack attended the fundraiser for Officer Cuney.
Councilmember Wallin attended the SPEAK Week activities, and the Cultural Arts Commission meeting and retreat.
Mayor Pro Tem Edwards attended the E470 meeting, and the Senior Advisory Board meeting. The City BBQ is on July 26th, the Eagle View Adult Center maintenance shut down begins July 30th, the Ward 4 meet and greet will take place on June 7th. Mayor Pro Tem Edwards thanked the Brighton Village Inn for accommodating their bus tour.
15. EXECUTIVE SESSION
16. ADJOURNMENT
Motion by Councilmember Wallin, seconded by Councilmember Pollack, to adjourn at 9:34 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
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J.W. Edwards, Mayor Pro Tem
ATTEST:
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Natalie Hoel, City Clerk
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Approval Date