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File #: ID-193-19    Version: 1 Name:
Type: Minutes Status: Agenda Ready
File created: 6/10/2019 In control: City Council
On agenda: 8/6/2019 Final action:
Title: Approval of the June 25, 2019 City Council Minutes
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                     City of Brighton

 

                     500 S. 4th Avenue

                     Brighton, CO 80601

 

                     

 

                     Special Meeting Minutes - Draft

 

                     Tuesday, June 25, 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 Kreutzer called the meeting to order at 6:01 p.m.

 

                     A.  Pledge of Allegiance to the American Flag

 

                     Councilmember Mills led the recitation of the Pledge of Allegiance to the American Flag.

 

                     B.  Roll Call

 

                     Present:                     8 -                      Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca,

                     Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills,

                     Councilmember Pollack, and Councilmember Wallin

 

                     Not Present:                     1 -                      Councilmember Johnston

 

2.  APPROVAL OF REGULAR AGENDA

 

                     Motion by Councilmember Humbert, seconded by Councilmember Mills, to approve the                      Regular Agenda as presented. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember

                     Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember

                     Pollack, and Councilmember Wallin

 

                     Absent:                     1 -                      Councilmember Johnston

 

3.  CONSENT AGENDA

 

                     A.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO,                      APPOINTING ADAM KNISS AS AN AGRICULTURAL MEMBER OF THE PARKS AND                      RECREATION ADVISORY BOARD WITH A TERM TO JANUARY 2023

 

                     Resolution No: 2019-67

 

                     B.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO                      APPROVING PARTICIPATION BY THE CITY OF BRIGHTON IN A COORDINATED                      ELECTION TO BE CONDUCTED BY THE ADAMS COUNTY CLERK AND                      RECORDER AND THE WELD COUNTY CLERK AND RECORDER ON NOVEMBER                      5, 2019

 

                     Resolution No: 2019-68

 

Motion by Councilmember Baca, seconded by Councilmember Blackhurst, to approve the                      Consent Agenda as presented. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember

                     Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember

                     Pollack, and Councilmember Wallin

 

                     Absent:                     1 -                      Councilmember Johnston

 

4.  CEREMONIES

 

                     A.                     Swearing In of New Board and Commission Member

 

                     City Clerk Natalie Hoel swore in the newly appointed Board and Commission member.

5.  PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)

 

                     Anna Croteau, Commerce City. Ms. Croteau expressed concern regarding the taxes she is paying to the City of Brighton on her Consumer Cellular bill since she does not live in the City.

 

6.  PUBLIC HEARINGS

 

                     A.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO,                      APPROVING WITH CONDITIONS AS SET FORTH HEREIN, A CONDITIONAL USE                      FOR AN EXPANSION OF AN ELECTRICAL POWER SUBSTATION AND THE                      ADDITION OF TRANSMISSION LINES AND ASSOCIATED TOWERS, KNOWN AS                      HENRY LAKE SUBSTATION, AND GENERALLY DESCRIBED AS A PARCEL OF                      LAND LOCATED IN THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ SECTION 27,                      TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY                      OF BRIGHTON, COUNTY OF WELD, STATE OF COLORADO

 

                     Mayor Kreutzer read the title of the Resolution into the record.

 

Mayor Kreutzer opened the public hearing at 6:13 p.m. and City Clerk Natalie Hoel verified the required postings and publications (June 5, 2019 in the Brighton Standard Blade) for this public hearing were completed.

 

City Manager Philip Rodriguez introduced Associate Planner Nick Hufford.

 

Associate Planner Nick Hufford presented the Henry Lake Substation expansion conditional use permit. The property was annexed in 2003 and was zoned Agricultural/Residential (A/R). The applicant received a conditional use permit as an Essential Government and Public Utility facility in 2003. An additional conditional use permit for an expansion was issued in 2009. The property is located on the north side of WCR 4 and is directly west of a future roadway designated by the Transportation Master Plan. The proposed additional equipment is one 40 MVA power transformer, two circuit breakers, eight switches, two transmission line structures with associated bus work, steel support structures and foundations, and the relocation of an existing A-frame dead end support structure. The Comprehensive Plan designates this area as agriculture and a conditional use is permitted in the Agricultural zone district. The Land Use and Development Code criteria are as follows:

1.                      Consistent with the Brighton Comprehensive Plan and other master plans;

2.                      Compatible with the existing and future land uses within the general area and will not be detrimental to neighboring uses. Allows for conditions to mitigate any impacts;

3.                      Shall be physically suitable for the type and intensity of the proposal;

4.                      Not adversely affect traffic flaw or parking in the neighborhood; and

5.                      Consistent with the purpose and intent of the zoning district.

 

Staff has reviewed the criteria and does recommend approval. A sign was posted on the property, notice was sent to all property owners within 300’ of the property and notice was published in the Brighton Standard Blade. Staff has not received any comments regarding this proposal. Staff is recommending approval with the following ten conditions:

1.                      All improvements and development shall be constructed in strict compliance with the approved site plan as shown on Exhibit A of the draft Resolution.

2.                      Any additional transmission lines, or towers, or an increase in voltage in any transmission line, or expansion of the substation facility beyond what is depicted in the site plan, shall require a subsequent conditional use review by the City Council.

3.                      The transmission line tower structures north of the Henry Lake Substation shall not exceed 110 ft. in height, and carry no more than 230-kv.

4.                      Landscaping around the Henry Lake Substation shall be established, maintained, and replaced in accordance with the approved landscaping plan, shown on Exhibit B of the draft Resolution and the irrigation shall be continued, in perpetuity, at the sole cost and expense of the owner, as necessary to maintain the health of all landscaping vegetation on the property.

5.                      At the time when WCR 4, adjacent to the property is improved to at least an 80’ collector, or a major residential development in the City of Brighton within ¼ of a mile of any property line of the property, gains access to WCR 4, the owner may be asked by the City and will comply:

a.                      To reduce the number of access points to one,

b.                      To dedicate and construct appropriate right-of-way improvements including a trail, to the extent of the owner’s rights on the property and except as prohibited by physical constraints, safety hazards or rights of third parties, and

c.                      To install appropriate streetlights.

6.                      The fencing of the expansion area shall match that of the existing fence on the property.

7.                      Any and all signs on the property shall be approved by the City of Brighton prior to installation, and shall conform to applicable provisions of the Sign Code in effect at the time of application.

8.                      All additional exterior lighting specified in the site plan shall match the existing lighting of the substation facility, and shall be installed so as to be minimally disruptive to adjoining landowners and land uses, as approved by the City prior to installation.

9.                      Tri-State Generation and Transmission Association shall provide information pertaining to the possible health effects resulting from the electric and magnetic fields associated with electric facilities to property owners and residents adjacent to the Henry Lake Substation and transmission lines upon request.

10.                     The remaining portion of the 38.479-acre property not utilized for the substation and transmission lines shall be restricted to uses consistent with the zoning in place at the time development is proposed.

 

Mayor Kreutzer asked if the applicant would like to add anything to the presentation.

 

                     Selina Koler, Tri-State Generation and Transmission Association. Ms. Koler explained that Tri-State is the wholesale electric power provider to the cooperative members in Colorado, Nebraska, Wyoming and New Mexico. The power is generated or purchased and provided to the members on transmission lines. The member is United Power for this project, they serve the area on a 34.5kV system that is aging, and a couple large facilities need replaced. Rather than replace at the 34.5kV, which is not a standard voltage, this project is being used as an opportunity to transfer the power to a 12.47kV system. To complete this, additional equipment must be added to the Henry Lake Substation. A breaker was added in 2016 to serve the Southwest Weld Expansion Project. The operation of the Substation would not change greatly from its current use. It would be operated remotely through a SCADA system. There would be one to two trips to the site per month for maintenance and inspections. In 2003, there was a condition to install landscaping at the site. Most of the landscaping has died since that time. During this project, there will be eighty new trees planted to replace the dead ones. Pending approval of the project, construction would begin in early July and the facility could be ready for United Power by the beginning of 2020.  

 

Mayor Kreutzer asked if anyone in the audience had questions for the applicant, there was none.

 

Mayor Kreutzer asked if anyone in the audience wished to speak on behalf of the request, there was none.

 

Mayor Kreutzer asked if anyone in the audience wished to speak against the request, there was none.

 

Mayor Kreutzer asked if any correspondence had been received, there was none.

 

Mayor Kreutzer asked if there were questions from City Council.

 

Councilmember Blackhurst asked what the source of the water is that would be used for landscaping and asked if there were a well on the property. Ms. Koler reported that a well was installed in 2006. Councilmember Blackhurst asked if there would be any onsite employees. Ms. Koler explained there would not be, employees would check on the facility a few times per month. 

 

Councilmember Wallin asked if there is an agreement with Lochbuie for roadway improvements if Lochbuie begins a development in the area. Planner Hufford explained that the agreement is written to address specifically City of Brighton improvements. Councilmember Wallin expressed concern regarding development that could take place in the area. Community Development Director Holly Prather explained that the Resolution has been drafted to ¼ mile for City of Brighton properties. Lochbuie is to the southeast of this property and has been subdivided for residential lots. It does not appear that WCR 4 from the perspective of Lochbuie would develop in the near future. Council could direct staff to amend the Resolution to include development within ¼ of Lochbuie or the City of Brighton.

 

Mayor Pro Tem Edwards asked how many more households this improvement would provide service. Ms. Koler was not sure; this improvement is more about improving reliability on the existing system. Steve Anderson, Tri-State Civil Engineering, Westminster. Mr. Anderson explained that the plan is to install a 40 MVA transformer, which could support 32,000 houses. Mayor Pro Tem Edwards asked why the voltage was being changed since the substation was recently done. Mr. Anderson explained that every transformer has to have a top end of 34.5kV so it can produce the wall voltage in a home or business. The transformers are expensive because of the difference between the 34.5kV and the wall voltage. By converting to the 13.2kV that is a lower delta, the equipment is less expensive. Making these changes is a cost savings to United Power. Mayor Pro Tem Edwards asked how the thirty trees died if there is a well on the site and if trees die in the future, will there be a replacement program. Ms. Koler explained that there were a number of struggles with the trees in the beginning. A well was then installed and the trees were irrigated for years. In 2017, Public Service of Colorado built a pipeline and some of the trees were removed at that time. The irrigation system was torn up as well during that construction and several other trees died. The irrigation will be reestablished to take care of the new trees that will be planted. Mayor Pro Tem Edwards asked when that construction of the pipeline took place. Ms. Koler reported that it was in 2017. Mayor Pro Tem Edwards hopes the landscaping project will be more successful to disguise the site. Ms. Koler explained that Public Service did compensate Tri-State for the lost trees and the irrigation system.

                     

                                          Mayor Kreutzer closed the public hearing at 6:40 p.m.

 

                     Motion by Councilmember Mills, seconded by Councilmember Blackhurst, to approve                      Resolution 2019-69. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember

                     Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember

                     Pollack, and Councilmember Wallin

 

                     Absent:                     1 -                      Councilmember Johnston

 

7.  CONSOLIDATED ITEMS FOR SEQUENTIAL REVIEW

 

                     A.                     AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO,                      APPROVING THE REZONING OF THE JOHNSON AUTO PLAZA PLANNED UNIT                      DEVELOPMENT - 1ST AMENDMENT AND UNZONED PROPERTY TO THE                      JOHNSON AUTO PLAZA PLANNED UNIT DEVELOPMENT - 2ND AMENDMENT,                      FOR THE APPROXIMATELY 38.695-ACRE PROPERTY GENERALLY LOCATED TO                      THE IMMEDIATE SOUTHWEST OF THE INTERSECTION OF 136TH AVENUE AND                      U.S. HIGHWAY 85 IN BRIGHTON, COLORADO. THE JOHNSON AUTO PLAZA                      PLANNED UNIT DEVELOPMENT - 2ND AMENDMENT IS GENERALLY LOCATED IN                      A PORTION OF  THE  NORTHWEST  QUARTER   OF SECTION 25,  TOWNSHIP 1                      SOUTH, RANGE 67 WEST, OF THE 6TH PRINCIPAL MERIDIAN, ALL IN THE CITY                      OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO

 

                     Mayor Kreutzer read the title of the Ordinance into the record.

 

Senior Planner Mike Tylka explained that this is the final reading of the Ordinance and there have not been any changes since first reading.

 

Mayor Kreutzer asked if there were any comments from the audience on the second reading of the Ordinance, there were none.

 

                     Motion by Councilmember Blackhurst, seconded by Councilmember Mills, to approve                      Ordinance 2309. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember

                     Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember

                     Pollack, and Councilmember Wallin

 

                     Absent:                     1 -                      Councilmember Johnston

 

                     B.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO,                      APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR AN                      APPROXIMATELY 20.959-ACRE PROPERTY GENERALLY LOCATED IN SECTION                      25, TOWNSHIP 1 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN,                      CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, COMMONLY                      KNOWN AS THE MARKET PLACE 85 SUBDIVISION - 2ND AMENDMENT (PUBLIC                      HEARING)

 

                     Mayor Kreutzer read the title of the Resolution into the record.

 

Mayor Kreutzer opened the public hearing at 6:44 p.m. and City Clerk Natalie Hoel verified the required postings and publications (June 5, 2019 in the Brighton Standard Blade) for this public hearing were completed.

 

City Manager Rodriguez introduced Senior Planner Mike Tylka.

 

Senior Planner Mike Tylka explained that the property is adjacent to the southern side of 136th Avenue approximately halfway between Brighton Road and US Highway 85. This request is to make a final determination regarding a Final Plat and Development Agreement for the subject property. Approval of the Final Plat and Development Agreement will allow staff to move forward with administrative approval of a site plan so the applicant can submit for permits and expand the Auto Plaza according to the PUD. The property was annexed in 1998 as part of the Marketplace 85 Annexation that covered approximately 41.964 acres. The area subject to the Final Plat is approximately 20.9 acres and was not zoned until passage of the Johnson Auto Plaza PUD with approval of the last item. The zoning to the north, west and south is all zoned Adams County A-3, which is an agricultural designation. The property to the east is zoned as part of the Johnson Auto Plaza PUD and is currently in operation as the Auto Plaza.

 

In looking at the Comprehensive Plan for guidance, the subject property is designated as Local District Mixed-Use. The property owner and the City set the expectation that this property would be developed for commercial purposes via the 1998 Annexation Agreement. This was signed prior to the approval of the current Future Land Use Map of the Comprehensive Plan.

 

The original Marketplace 85 Plat that was approved in 1998 and the annexation of the property created two lots. Lot 1 was approximately 12.8 acres and Lot 2 was approximately 25.8 acres. A 60’ right-of-way was dedicated for a future extension of Salem Street that stopped halfway through the subject property. The first amendment to the Plat took place in 2011. This took a portion of the original Lot 2 and added it to the original Lot 1, making Lot 1 approximately 17.7 acres. The new Lot 2 was now approximately 20.59 acres. The new Lot 2, along with the proposed vacated right-of-way of Salem Street is the area that makes up the Final Plat for approval.

 

The proposed Final Plat looks to divide the current Lot 2 into a new Lot 2 of approximately 13 acres and a new Lot 3 of approximately 7.9 acres. This would remove the vacated Salem Street right-of-way and be incorporated into Lot 2 and Lot 3. The new Plat on the western side incorporates a north/south Access Easement that would connect Salem Street to both Lot 2 and Lot 3 and provide access to the property to the south of the new Lot 3.

 

Summary of the review criteria for the Final Plat shows that it needs to comply with the requirements of the Land Use and Development Code Section 17-42-10 and the zoning district, which is the Johnson Auto Plaza PUD - 2nd Amendment. The Plat was reviewed and was found to comply with all of those items and is in line with the Subdivision Regulations.

 

The Development Agreement accompanies the Final Plat via the Resolution and calls for phased transportation improvements. The Phase 1 improvements are to the intersection of 136th Avenue and US Highway 85. The Phase 2 improvements are to the adjacent 136th Avenue and are outlined to occur if the properties to the north or adjacent to 136th Avenue develop, or if the level of service to the adjacent 136th Avenue becomes degraded for traffic standards. The Agreement outlines that the proposed drive running north/south along the western edge of the property be constructed in phases. The 1st Phase would occur when Johnson Auto Plaza develops the subject portion of the Plat adjacent to 136th Avenue. The developer would construct half the distance north, going south along the developed Lot 2. Staff has received a site plan for development on that lot and construction is proposed to start this summer if proper approvals have occurred. The 2nd Phase of the north/south drive being along the new Lot 3 would occur when the proposed Lot 3 develops or when the property to the south develops. The Agreement outlines that access points to 136th Avenue to the property be limited to three and outlines the City’s standard stormwater and maintenance requirements.

 

Public notice was sent to all property owners within 300’ of the proposed Final Plat, notice was published in the Brighton Standard Blade and two signs were posted on the subject property. Planning staff has not received any comment. The Planning Commission unanimously recommended approval of the Preliminary Plat at their meeting on April 11, 2019. The Development Review Committee has reviewed this project and does recommend approval. Staff recommends approval of the Plat as it in accordance with the Land Use and Development Code. Staff recommends approval of the Development Agreement Amendment as it is found to be consistent with the Final Plat, aligns with the Master Transportation Plan and provides the developer with clear expectations in terms of public infrastructure and requirements.

 

Mayor Kreutzer asked if the applicant would like to add anything to the presentation, they did not.

 

Mayor Kreutzer asked if anyone in the audience wished to speak on behalf of the request, there was none.

 

Mayor Kreutzer asked if anyone in the audience wished to speak against the request, there was none.

 

Mayor Kreutzer asked if any correspondence had been received, there was none.

 

Mayor Kreutzer asked if there were questions from City Council.

 

Councilmember Blackhurst asked if this expansion was to add capacity for additional vehicles or for a dealership. Blaine Johnson, Denver. Mr. Johnson explained that the expansion would not add a new dealership. This expansion would help with the demand and service to the community as the City continues to grow. Councilmember Blackhurst asked if the right-of-way for Salem Street would be used in the future for the property to the south. Mr. Johnson explained that they do not own the property to the south so there is a need for the right-of-way to allow access to the other property.

 

Mayor Kreutzer asked if the right-of-way was needed to ensure the property owner to the south has access to their property. Planner Tylka explained that the Plat would provide a 25’ access easement that would provide access to the property to the south. 

 

Mayor Pro Tem Edwards asked for clarification that the new 25’ access is a right-of-way and not designed to be a street. Planner Tylka explained that the 25’ access easement for the public and the agreement calls for the road to be constructed at 24’ wide, for two 12’ travel lanes of asphalt in each direction. This has been deemed appropriate by the transportation staff for access to one parcel. 

 

Mayor Kreutzer closed the public hearing at 6:56 p.m.

 

                     Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to approve                      Resolution 2019-70. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember

                     Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember

                     Pollack, and Councilmember Wallin

 

                     Absent:                     1 -                      Councilmember Johnston

 

8.  ORDINANCES FOR FINAL CONSIDERATION

 

                     A.                     AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO,                      APPROVING A LEASE OF CITY-OWNED REAL PROPERTY LOCATED AT 269                      EAST BRIDGE STREET (THE “DEPOT”) TO THE GREATER BRIGHTON                      CONVENTION AND VISITORS BUREAU, AND AUTHORIZING THE CITY MANAGER                      TO EXECUTE SAID LEASE ON BEHALF OF THE CITY

 

                     Mayor Kreutzer read the title of the Ordinance into the record.

 

City Manager Rodriguez reported that this is the final reading of the Ordinance and there have not been any changes since first reading.

 

Mayor Kreutzer 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 Mills, to approve Ordinance                      2310. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember

                     Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember

                     Pollack, and Councilmember Wallin

 

                     Absent:                     1 -                      Councilmember Johnston

 

                     B.                     AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO,                      APPROVING A LEASE OF CITY-OWNED REAL PROPERTY LOCATED AT 269                      EAST BRIDGE STREET (THE “DEPOT”) TO SUGAR MOUNTAIN ENTERPRISES,                      LLC, D/B/A MON CHERI BAKERY AND BISTRO, AND AUTHORIZING THE CITY                      MANAGER TO EXECUTE SAID LEASE ON BEHALF OF THE CITY

 

                     Mayor Kreutzer read the title of the Ordinance into the record.

 

City Manager Rodriguez reported that this is the final reading of the Ordinance and there have not been any changes since first reading.

 

Mayor Kreutzer asked if there were any comments from the audience on the second reading of the Ordinance, there were none.

 

                     Motion by Councilmember Humbert, seconded by Councilmember Mills, to approve Ordinance                      2311. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember

                     Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember

                     Pollack, and Councilmember Wallin

 

                     Absent:                     1 -                      Councilmember Johnston

 

9.  RESOLUTIONS

 

                     A.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO,                      APPROVING CERTAIN ECONOMIC INCENTIVES TO LAN COLORADO, LLC, IN THE                      FORM OF A 50 PERCENT USE TAX REBATE; SETTING FORTH THE REQUISITE                      FINDINGS RECOGNIZING THE VALID PUBLIC PURPOSE AND COGNIZABLE                      BENEFIT JUSTIFICATIONS FOR SUCH ECONOMIC INCENTIVES; APPROVING                      THE INCENTIVE AGREEMENT; AND AUTHORIZING THE MAYOR TO EXECUTE                      SAID AGREEMENT ON BEHALF OF THE CITY

 

                     Mayor Kreutzer read the title of the Resolution into the record.

 

City Manager Rodriguez introduced Economic Development Director Michael Martinez.

 

Economic Development Director Michael Martinez presented the proposal for an Incentive Agreement with Lan Colorado, LLC. The proposed site being discussed is the Schara Property located north and east of Vestas. The project is a joint venture between Rocky Mountain Prestress and Wells Precast. They joined forces earlier this year to form one company, now known as Wells. They will be operating out of the proposed site. Both companies have been in operation since the 1950’s and have been great stewards of their communities, Wells out of Minnesota and Rocky Mountain in Adams County. The plant would be located off Crown Prince Boulevard and WCR 27. Phase 1 would consist of 117,000 sq. ft. and Phase 2 would consist of 41,000 sq. ft. There will be 200 new jobs brought to the community with relocation with an additional 50 jobs created over the next five years. The average wage at the plant will be $66,000 annually, which is more than the county average. The Phase 1 capital investment will be around 35 million dollars. The Phase 2 investment will be an estimated 2 million dollars.

 

The new facility and purchase of new equipment will generate an estimated $945,000 in direct tax revenue to the City in the first year of operation. In a ten-year period, Wells is expected to generate an estimated 1.6 million dollars in direct and indirect tax revenue to the City of Brighton. The relocation of 200 daytime workers to the City will have a regional impact of 15 million dollars in earnings, which contributes to the increased wealth of individuals and increases local spending. The new facility, concrete operation and relocation of 200 jobs will support an additional 96 jobs in the area, indirect and induced impact. The Phase 2 hiring of an additional 50 full-time employees will have a regional impact of an additional 3.7 million dollars in earnings. At full employment of 250 full-time employees, the Wells Concrete facility will contribute 18.8 million dollars in earnings and support an additional 120 jobs in the community. This will have a significant impact to the community.

 

The Economic Development Corporation (EDC) is proposing an incentive request of a 50% Use Tax rebate on construction materials collected by the City for Phase 1. The incentive-estimated rebate at this point is $255,000; this number could change when the final estimate is received. The Agreement has been approved by the Brighton EDC Executive Committee.

 

Sam Nesius with Wells Concrete thanked EDC Director Michael Martinez and Assistant City Manager Marv Falconburg for their efforts in making this such a successful endeavor and making this a good relationship.

 

Doug McCarthy, Wells Concrete, Louisville, Colorado. Mr. McCarthy reported that Wells Concrete was founded in 1957 and is a 4th generation family-owned company. With the merger with Rocky Mountain Prestress, they are one of the largest precast providers in the nation. They design, manufacture and install structural and architectural precast solutions. Projects include stadiums, food processing facilities, parking structures, residential halls, high-rise and residential buildings. Rocky Mountain Prestress was founded in 1958 and currently has two locations in Adams County with 195 employees. They design, fabricate and construct precast concrete structures. Director Martinez answered questions from Council regarding:

                     Clarification of direct and indirect tax revenue.

                     This business being a light or heavy water user.

                     The water source being a City tap or well.

                     The product being transported by truck or rail.

                     The roadways the trucks will use to transport goods.

                     The company having an apprenticeship or internship program.

                     

                     Motion by Councilmember Baca, seconded by Councilmember Humbert, to approve Resolution                      2019-71. Motion passed by the following vote:

 

                     Aye:                     7 -                      Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember

                     Blackhurst, Councilmember Humbert, Councilmember Mills, and Councilmember

                     Wallin

 

                     Absent:                     1 -                      Councilmember Johnston

 

                     Abstain:                     1 -                      Councilmember Pollack

                     

                     City Attorney Jack Bajorek explained that the Charter requires that a yes or no vote be made. A reconsideration of the vote was taken.

 

                     Motion by Councilmember Baca, seconded by Councilmember Humbert, to approve Resolution                      2019-71. Motion passed by the following vote:

 

                     Aye:                     7 -                      Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember

                     Blackhurst, Councilmember Humbert, Councilmember Mills, and Councilmember

                     Wallin

 

                     No:                     1 -                      Councilmember Pollack

 

                     Absent:                     1 -                      Councilmember Johnston

 

                     B.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO,                      ACCEPTING THE PROPOSAL OF e3 ENTERPRISES, INC. D/B/A e3  SIGNS AND                      AWARDING THE CONTRACT PARK SIGNS, AND AUTHORIZING THE MAYOR TO                      SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO                      ATTEST THERETO

 

                     Mayor Kreutzer read the title of the Resolution into the record.

 

City Manager Rodriguez introduced Open Space Manager Kyle Sylvester and Assistant Director of Parks and Open Space Travis Haines.

 

Open Space Manager Kyle Sylvester explained that there have been signs in City parks for the past 14 years. The concrete slab and a panel with the description of the park is unique to Brighton. Some of those signs have been damaged. Colorado Park and Harvest Park will receive new signs. There will be a multi-year term in the contract to fix signs in other parks that staff will not be able to replace this year. The new signs will also include the City’s new logo. The sign at the Oasis Water Park will be replaced after it was damaged in a wind event. The new bracket system for the signs will hold better to the concrete. Interpretive signs will be placed at the Mattive Open Space and Veterans Park. Splendid Valley signs will be placed at the Hattendorf and Murata properties. The total cost for the project is $60,094. There will be $50,000 allocated each year for maintenance and further replacement of signs from 2020 - 2023. e3 has done work in many other cities. Manager Sylvester and Assistant Director Haines answered questions from Council regarding:

                     The location of the Splendid Valley signs.

                     The sign located at the park by Vikan Middle school being damaged.

                     Any sign vandals being caught and prosecuted.

                     The request including $50,000 for future years for sign replacement.

                     This Resolution not making any financial decisions past 2020.

                     The timeline for Pawlowski Park.

                     

                     Motion by Councilmember Humbert, seconded by Councilmember Pollack, to approve                      Resolution 2019-72. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember

                     Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember

                     Pollack, and Councilmember Wallin

 

                     Absent:                     1 -                      Councilmember Johnston

 

10.  UTILITIES BUSINESS ITEMS

 

11.  GENERAL BUSINESS

 

12.  REPORTS

 

                     A.  By the Mayor

 

                     Mayor Kreutzer announced that the guests from Ziebice Poland thanked the City for hosting them. Mayor Kreutzer attended the Chamber Non-Profit luncheon, the ADCOG Executive breakfast, the ribbon cutting at the Barr Lake Fishing Pier, and the CML conference. Mayor Kreutzer asked that the community leave the fireworks to the professionals.

 

                     B.  By Department Heads

 

                     Community Development Director Holly Prather invited Council to the Metro Innovation tour that will taking place on July 12th.

 

                     C.  By the City Attorney

 

                     D.  By the City Manager

 

                     City Manager Rodriguez announced that there were no items to vote on at the CIRSA meeting at the CML conference.

 

13.  REPORTS BY COUNCIL ON BOARDS & COMMISSIONS

 

                     Mayor Pro Tem Edwards attended the CML conference. Britton Hunt completed his Eagle Scout Project and the ribbon cutting will take place at the Morgan Smith Nature Area near Veterans Park.

 

Councilmember Mills attended the CML conference. The Health Expo at Barr Lake is Saturday.

 

Councilmember Blackhurst attended the CML conference.

 

Councilmember Pollack attended the renaming of the Brighton Post Office in honor of Deputy Heath Gumm.

 

Councilmember Wallin attended the Public Art Committee meeting and the CML conference.

 

Councilmember Baca asked to schedule a discussion regarding the traffic accidents on Sable Boulevard.

 

Councilmember Humbert attended the 10th Annual Legacy Foundation Disc Golf Tournament, the Blues Blast and surveyed a section of Brighton with the Historic Preservation Commission. Bike to Work Day is tomorrow.

 

14.  EXECUTIVE SESSION

 

15.  ADJOURNMENT

 

                     Motion by Mayor Pro Tem Edwards, seconded by Councilmember Wallin, to adjourn at      7:51                      p.m. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember

                     Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember

                     Pollack, and Councilmember Wallin

 

                     Absent:                     1 -                      Councilmember Johnston

 

 

 

 

CITY OF BRIGHTON, COLORADO

 

 

                                                _____________________________

                                                    Kenneth J. Kreutzer, Mayor

 

ATTEST:

 

______________________________

Natalie Hoel, City Clerk

 

______________________________

Approval Date