City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, July 16, 2019
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 Kreutzer called the meeting to order at 7:00 p.m.
A. Pledge of Allegiance to the American Flag
Mayor Kreutzer led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca,
Councilmember Blackhurst, Councilmember Humbert, Councilmember
Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember
Wallin
2. APPROVAL OF REGULAR AGENDA
Acting City Manager Marv Falconburg asked that Item 10A be moved to follow Item 5A.
Motion by Councilmember Humbert, seconded by Mayor Pro Tem Edwards, to approve the Regular Agenda as amended. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
3. CONSENT AGENDA
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AUTHORIZING THE SUBMITTAL OF A MINI-GRANT APPLICATION TO ADAMS COUNTY FOR THE HIGH SCHOOL SENIORS BEAUTIFICATION PROJECT AT COLORADO PARK; AND AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE GRANT APPLICATION
Resolution No: 2019-76
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AUTHORIZING THE SUBMITTAL OF A PASSIVE GRANT APPLICATION TO ADAMS COUNTY FOR THE MORIMITSU FARM ACQUISITION; AND AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE APPLICATION
Resolution No: 2019-77
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AUTHORIZING THE SUBMITTAL OF A PASSIVE GRANT APPLICATION TO ADAMS COUNTY FOR THE SPEER CANAL TRAIL PROJECT; AND AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE APPLICATION
Resolution No: 2019-78
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AUTHORIZING THE SUBMITTAL OF BRIGHTON’S BICYCLE FRIENDLY COMMUNITY APPLICATION TO THE LEAGUE OF AMERICAN BICYCLISTS; AND AUTHORIZING THE MAYOR TO SIGN AND EXECUTE THE APPLICATION AND SUPPORTING DOCUMENTS
Resolution No: 2019-79
Motion by Councilmember Blackhurst, seconded by Councilmember Humbert, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
4. CEREMONIES
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
Rex Bell, Brighton. Mr. Bell feels this is a great community and he would like to lift up the Council and have a spirit of respect and honor.
Rodney Knodel, Brighton. Mr. Knodel expressed concern regarding the many rumors and fights that have been taking place recently. The City Council was elected to represent the citizens and everyone should come together for the best of the community.
Christian Morales, Brighton. Mr. Morales expressed concern regarding what has been said on social media and encouraged everyone to do their own research before making a decision.
Melissa White, Brighton. Ms. White spoke on behalf of Mayor Kreutzer and explained that he is dedicated to the community. Ms. White asked everyone to make informed decisions.
Julie Blair, Brighton. Ms. Blair is saddened by what has been taking place in the City and asked for everyone to treat each other with respect. Personnel issues are sensitive and she has never seen them dealt with in public. Ms. Blair will wait for the outcome of the water issue and does not want to see the City fail.
Orlo Petersen, Brighton. Mr. Petersen expressed concern regarding the dangerous intersection at 144th Avenue and Sable Boulevard. Mr. Petersen asked for consideration of a stoplight at that intersection and lower speeds on Sable Boulevard. Mr. Petersen spoke on behalf of Mayor Kreutzer for his son who was unable to attend the meeting.
Mayor of Fort Lupton Zo Stieber invited the City to join Fort Lupton to work on water projects together.
Gary Kreutzer, Brighton. Mr. Kreutzer spoke on behalf of Mayor Kreutzer and his love for the City of Brighton.
Pete Phibbs, Brighton. Mr. Phibbs expressed concern regarding issues that have happened in the past and encouraged Council to do their research and review the budgets being presented.
Wayne Scott, Brighton. Mr. Scott asked that a public meeting be held regarding the capital improvement plan for the Utilities Department. Mr. Scott expressed concern regarding the recall and encouraged Council to figure out what happened with the water issue.
Chris Maslanik, Brighton. Mr. Maslanik spoke about the relationship between City Council and the City Manager and the lack of leadership on Council. Mr. Maslanik does not feel anyone on Council is corrupt or ill intentioned.
Nena DelVillar, Brighton. Ms. DelVillar expressed concern regarding those citizens that have to either pay their water bill or put food on the table and concern regarding the City Manager.
Lisa Voss, Brighton. Ms. Voss expressed concern regarding the cost of water and asked that the senior discount that was previously offered be considered again.
Steven Runfola, Brighton. Mr. Runfola expressed concern regarding the cost of water and the senior discount that is no longer given. Mr. Runfola asked that the audit be done.
Elene Townsend, Brighton. Ms. Townsend expressed concern regarding the firing of the City Manager before the audit is complete. Ms. Townsend expressed concern regarding the storage facility on 52nd Avenue and Bridge Street and asked that the City find different ways of informing citizens of public hearings regarding development.
Jo Pinto, Brighton. Ms. Pinto expressed concern regarding the division in the City and hopes it can start a healing process. Ms. Pinto asked that a public meeting be held to get more information regarding the water issue and asked that Council wait to make a decision regarding the City Manager until after the audit.
Victoria Gallardo, Brighton. Ms. Gallardo encouraged Council to not vote to terminate the City Manager.
Christine Shock, Brighton. Ms. Shock expressed concern regarding the lack of transparency in the past regarding the firing of the City Manager in 2017. Ms. Shock asked staff to return phone calls in a timely manner and place more information on the website so residents are aware of upcoming public hearings.
Jan Pawlowski, Brighton. Ms. Pawlowski does not feel there has been any deceit or cover up and there are no hidden funds. Personnel matters are not for the public and the City is in need of a positive change.
David Herrera, Fort Collins. Mr. Herrera represents Philip Rodriguez and expressed concern regarding the issues that he feels led to Mr. Rodriguez being placed on administrative leave.
Kitty LeDonne, Brighton. Ms. LeDonne expressed concern that the Council is divided and it causing a division in the community. It is frustrating that information has not been given to the community and it should be up to the citizens to vote for the City Manager position.
Jim Snyder, Brighton. Mr. Snyder asked that City Council wait to vote to fire the City Manager until the forensic audit is complete.
Wayne Walvoord, Brighton. Mr. Walvoord asked for transparency with the water issues and asked that firing the City Manager be put on hold until the audit is done.
James May, Brighton. Mr. May expressed concern about municipal bond fraud in 2009 and 2016 and asked that this issue be added to the forensic audit.
Hillary Hillam, Brighton. Ms. Hillam does not feel a good reason has been given for firing the City Manager and asked Council to listen to their constituents regarding this issue.
Regan Hansen, Brighton. Miss Hansen expressed concern regarding the firing of the City Manager and the citizens want to know where their money is going.
Dick McLean, Brighton. Mr. McLean feels Council is doing the right thing and feels that a yearly 360-degree evaluation should be done with staff members.
Adam Cushing, Brighton. Mr. Cushing appreciates the work Council is doing and hopes that the projects that need done will be identified and completed; it is good that there is money in the account to be put to good use.
Joan Kniss, Brighton. Ms. Kniss has a lack of confidence in the City Manager and supports his termination. The public should attend meetings and become informed. Ms. Kniss expressed concern regarding people being blocked on a government Facebook page.
Michael Boutwell, Brighton. Mr. Boutwell encouraged everyone to attend meetings regularly and not when there is a problem. Mr. Boutwell expressed concern regarding the cost of water and the need for transparency.
Kelly Nickell, Brighton. Ms. Nickell expressed concern regarding the leadership in the Finance Department under City Manager Rodriguez.
10. GENERAL BUSINESS
A. Consideration of the removal of Philip Rodriguez as City Manager and authorizing the payment of severance to him pursuant to his Employment Agreement with the City
Mayor Kreutzer read the title of Item 10A into the record.
Councilmember Johnston spoke about an executive session that was not legal, a conflict of interest with Councilmember Blackhurst and Councilmember Baca, and the removal of City Manager Philip Rodriguez.
Councilmember Pollack spoke about placing City Manager Philip Rodriguez on leave at the July 9th meeting and the relationship between the City Council, the City Manager and City employees.
Councilmember Mills spoke about the removal of City Manager Philip Rodriguez, the calling of the Special City Council meeting on July 9, 2019, the discussion of an ethics violation, and a conflict of interest with certain Councilmembers.
Councilmember Humbert spoke about the removal of City Manager Philip Rodriguez, the termination of employees under the City Manager, and the upcoming audit.
Councilmember Wallin spoke about moral and ethical boundaries, the limited facts received by some councilmembers, the ability to speak openly of personnel issues and the powers of City Council.
Motion by Councilmember Pollack, seconded by Councilmember Johnston, to remove from the record the administrative leave that was placed on July 9, 2019 on City Manager Philip Rodriguez and that it become null and void also that any other action regarding the removal or suspension of the City Manager Philip Rodriguez must go through the proper procedure in accordance with the City Charter, Section 7.4. Motion failed by the following vote:
Aye: 4 - Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
No: 5 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, and Councilmember Humbert
Motion by Councilmember Mills, seconded by Councilmember Wallin, to table this issue to a future date to when the City Manager review is complete and the forensic audit is also complete. Motion failed by the following vote:
Aye: 4 - Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
No: 5 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, and Councilmember Humbert
Mayor Pro Tem Edwards spoke about ethics and integrity.
Councilmember Blackhurst spoke about the removal of City Manager Rodriguez, and the need for transparency in the Utility Department.
Councilmember Mills asked what the payment is for severance for the City Manager. City Attorney Jack Bajorek stated that the contract provides for nine months of salary at the current rate, $142,912.
Mayor Kreutzer spoke about healing for the City, this situation having little to do with the Utilities issue, and the need for answers regarding the audit.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Blackhurst, to approve the removal of Philip Rodriguez as City Manager and authorizing the payment of severance to him pursuant to his Employment Agreement with the City. Motion passed by the following vote:
Aye: 5 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, and Councilmember Humbert
No: 4 - Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
Mayor Kreutzer called for a break at 10:11 p.m.
Mayor Kreutzer reconvened the meeting at 10:21 p.m.
6. PUBLIC HEARINGS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE WELLS DENVER PLANT SUBDIVISION FINAL PLAT AND DEVELOPMENT AGREEMENT FOR APPROXIMATELY 62.84 ACRES OF PROPERTY, GENERALLY LOCATED WITHIN THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF WELD, STATE OF COLORADO, AUTHORIZING THE MAYOR TO EXECUTE THE DEVELOPMENT AGREEMENT; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor Kreutzer read the title of the Resolution into the record.
Mayor Kreutzer opened the public hearing at 10:22 p.m. and City Clerk Natalie Hoel verified the required postings and publications (June 28, 2019 in the Denver Post) for this public hearing were completed.
Acting City Manager Marv Falconburg introduced Associate Planner Nick Hufford.
Associate Planner Nick Hufford presented the Wells Denver Plant Final Plat and Development Agreement. The property is located at the northwest corner of WCR 29 and Crown Prince Boulevard (WCR 6). The property was annexed in 2010 as part of the North Brighton Industrial Annexation, but is specifically the Schara property annexation. The zoning on the property changed in 2018 from I-1 (Light Industrial) to I-2 (Heavy Industrial). The Comprehensive Plan designates this property as industrial. To the north is Fort Lupton and to the southeast are properties designated for agricultural. The Final Plat includes utility easements. These public utilities serve this site, if any property adjacent to this property needed to connect, they could. There is an easement to the east and another to the south for future trails. The unique requirements in this Development Agreement require the following:
• The construction of Crown Prince Boulevard full width for ½ of the total property length, this would create a full width roadway for the portion of the property with access points.
• The construction of trails will be required upon predetermined future conditions.
• Traffic restrictions to Crown Prince Boulevard and Highway 85, truck traffic for the site will be limited to the improved sections of Crown Prince Boulevard and the intersection of Highway 85.
• Access point limitations to the west side of the property.
The following criteria should be considered when reviewing the Final Plat:
• Complies with the Comprehensive Plan and other master plans of the City.
• Complies with the requirements of the Land Use and Development Code and with the zone district.
• Provides consistency with the purpose and intent of the Land Use and Development Code.
• Provides compatibility with the surrounding areas, is harmonious with the character of the neighborhood and is not detrimental to the immediate area, the future development of the area, or the health, safety, or welfare of the inhabitants of the City.
Public notice was published in the Denver Post, signs were posted on the property and notice was mailed to all property owners with 300’ of the subject property. Staff received two formal comments. The Planning Commission asked that comments made at their meeting be presented to City Council. There were concerns regarding traffic, staff feels they have addressed the concerns made at the Planning Commission meeting.
Mayor Kreutzer asked if the applicant had anything to add to the presentation, she 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.
Theresa Lopez, Brighton. Ms. Lopez stated that the plat could only be approved by proper notice to all neighbors. It is the understanding of Ms. Lopez that the Weld County planning office has not been directly notified and has not been allowed to respond to the approval of the plat. Ms. Lopez asks that the plat be denied or continued until notice is given to Weld County planners and they be given appropriate time to respond. Ms. Lopez asked that Council consider the traffic that will be brought to WCR 6. The roadway is one way each way and part of the roadway is dirt and would not be able to handle the type of traffic this facility would require. When the train blocks the roadway, the trucks will have to wait or go back to WCR 6 and 29. Ms. Lopez has the only agricultural property in this area and feels this development would be detrimental to her agricultural property and the plat should not be approved.
Linda Lautenbach, Epic Projects, owner’s representative. Ms. Lautenbach explained that Wells has agreed under penalty that they will not ever run their vehicles east on WCR 6 beyond the far east entry. Trucks will always enter at that location and leave the property headed west towards Highway 85. This has been signed off on in the Development Agreement. Wells has initiated discussions with Vestas to coordinate schedules for the blocking of the roadway.
Ms. Lopez expressed concern because Vestas is not the only train that blocks the intersection, will the employees be using WCR 6. Ms. Lautenbach explained that Wells believes in being good neighbors and all of their plants are in small, rural communities. The employees do work in shifts and there will not be many people coming and going at the same time. Wells will work with Vestas and their employees. Ms. Lopez is concerned about the heavy equipment traffic since Highway 85 is the only intersection that has lights to substantiate the traffic from Wells, Vestas, Halliburton and the sand pits. Curtis Rowe, traffic engineer. Mr. Rowe prepared the traffic study and does understand the concerns. The Highway 85 intersection was evaluated with WCR 6 and found that it will work acceptably with the addition of this project traffic. As part of the Development Agreement, a cost participation will be entered into for future signalization of the WCR 27 intersection.
Mayor Kreutzer asked if any correspondence had been received. City Clerk Natalie Hoel provided the documents that had been received.
Mayor Kreutzer asked if there were questions from City Council.
Councilmember Johnston asked what Council could do besides taking a vote on this item. City Attorney Bajorek asked the planning staff to walk Council through that process. Planner Hufford explained that every development is held to the Industrial Design Standards and that does take into account the affect the development would have on the surrounding properties. The manufacturing is done indoors on the western portion of the property. By limiting the traffic to the improved portions of the property, there will be limited dust created by the development. Councilmember Johnston asked if the thought is that people will not travel on the roadway because it is dirt. Planner Hufford explained that sometimes people would take alternative roads. Wells will instruct their employees to use other roadways including WCR 27. Councilmember Johnston asked if anything could be done to ensure the employees will not use this roadway. Community Development Director Holly Prather stated that there is language in the Development Agreement restricting heavy truck traffic. City Council could revise the language in the Development Agreement to require all traffic from the facility to use westbound Crown Prince Boulevard when leaving the site. This requirement would be hard to enforce. Ms. Lautenbach would agree to have language added to the development agreement requiring all traffic to go westbound when leaving the site and would work to enforce that. Ms. Lopez asked if there could be another access road added. Director Prather explained that the property owner to the west is not the same property owner; this would require the developer to get an easement for the roadway. The property to the north is under Fort Lupton’s jurisdiction and State Statutes no longer allow a municipality to have half of a right-of-way. This could potentially cause many problems. Language was specifically added to the Development Agreement to limit the access points on the property and the restrictions to the traffic to lessen the impacts on the surrounding property owners.
Councilmember Blackhurst suggests that the language limiting any traffic from traveling east from the property be added to the Development Agreement and asked that any violations be reported to the City and the applicant. Councilmember Blackhurst asked staff to look at the Transportation Master Plan to ensure that the roadways are prepared to handle the traffic volume that will come with the industrial growth in this area.
Councilmember Wallin asked if part of the roadway is under Weld County’s jurisdiction. Director Prather explained that everything east of the ditch is in Weld County’s jurisdiction. Councilmember Wallin asked if the half roadway remains under Weld County. Director Prather explained that the roadway has been annexed into the City. At the direction of City Council that no half roads be built in the City, staff has limited the access points to the property on the west portion and a full road will be built on half of the property. Councilmember Wallin asked if staff has communicated with Weld County regarding this development. Director Prather explained that staff did communicate with Weld County and they expressed concern regarding the bridge that crosses the ditch. This is the reason the truck traffic is required to go westbound on Crown Prince Boulevard, the bridge is not able to handle the weight of the trucks. Councilmember Wallin wants to ensure staff is working with Weld County regarding development. Limiting the truck traffic is logical, but it is a false set of circumstances to tell an employee how they must go to get to work. The expectation is too high to put false enforcement on employees regarding how they get to work.
Motion by Councilmember Wallin, seconded by Councilmember Humbert, to extend the meeting fifteen minutes to 11:15 p.m. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
Councilmember Mills welcomed the new business and employer to the City. Councilmember Mills asked if a Local Traffic Only sign could be installed on WCR 6 and that the exit from the facility be designed to discourage people from turning eastbound. Director Prather explained that this would not keep someone from making an illegal turn, but a motion could be made to require that the civil drawings must be engineered such that the eastern most access point is limited to a left in movement going eastbound and a right out movement going west bound. Signs could be placed on the right-of-way for local traffic only. Councilmember Mills feels these changes would reduce the traffic on the roadway while still welcoming a business that is bringing employment to the community.
Mayor Kreutzer closed the public hearing at 11:01 p.m.
Motion by Councilmember Mills, seconded by Councilmember Humbert, to amend Section 1 of the Resolution as pursuant to discussions and commitments by the developer to approve Resolution 2019-80. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
7. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING SECTION 1-24-10 OF THE BRIGHTON MUNICIPAL CODE REGARDING THE GENERAL PENALTY FOR ORDINANCE VIOLATIONS
Mayor Kreutzer read the title of the Ordinance into the record.
Acting City Manager Marv Falconburg explained that this is the final reading of the Ordinance and there have not been any changes since first reading.
Mayor Kreutzer asked if anyone in the audience had comments at the second reading of the Ordinance, there was none.
Motion by Councilmember Wallin, seconded by Mayor Pro Tem Edwards, to approve Ordinance 2312. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
8. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE FIRST AMENDMENT TO THE BROMLEY PARK, FILING NO. 103 DEVELOPMENT AGREEMENT FOR THE BROMLEY PARK FILING NO. 103 SUBDIVISION DESCRIBED AS A PART OF THE NORTHWEST QUARTER OF SECTION 12 AND THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 66 WEST, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, AND AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT ON BEHALF OF THE CITY
Mayor Kreutzer read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Senior Planner Mike Tylka.
Senior Planner Mike Tylka explained that the applicant is Western United Electric Supply Company and the property is located at the southeast corner of Bridge Street and the frontage road east of I-76. The purpose is to amend the original agreement. The owner is seeking to clarify the phasing and timing of obligations that were outlined in the original agreement for the construction of Bridge Street, fencing, landscaping, and access drive improvements in relation to the subject property. The owner would like to use the subject property for outdoor storage as a supplement to the primary business location, which is on the parcel to the west. The owner does not want to trigger larger scale improvements that are outlined in the original agreement; these are minor improvements being proposed. The property was annexed in 2008 and zoned Industrial under Bromley Park PUD Amendment 11 in 2010. Three areas are proposed to be changed; the first is regarding the adjacent Bridge Street improvements. The drafted amendment outlines that the street obligation to build the roadway would only be triggered when the subject property pulls a building permit for the construction of a structure that is built for the enclosure of persons, equipment or material. This business would like to expand without triggering these large-scale expansions when they are only trying to add outdoor storage. The second is requesting that the owner be allowed to install fencing, lighting, landscaping, drainage and incidental grading for the outdoor storage without triggering the Bridge Street improvements. The current agreement would trigger these improvements with these minor modifications. The third point clarifies that the owner in the future would allow for a shared access point with the property to the immediate east. The Comprehensive Plan designates this property as Industrial. Anything being proposed in this amendment does not seek to alter the property and would allow the property to develop for industrial purposes. These proposed changes comply with the items in the Land Use and Development Code. The changes are not detrimental and the roadway does not need to be expanded at this time as no new traffic is anticipated for the site. The DRC Committee recommends approval as it does not conflict with the zoning district, the Comprehensive Plan or the Land Use and Development Code. These amendments will not have any negative consequences to the health, safety or welfare of the community. Approval of the amendment would allow this Brighton-based business to have clear expectations for future growth and expansion.
Planner Tylka and Greg Mordini answered questions from Council regarding:
• The current ingress and egress location being off the frontage road or off Bridge Street.
• There being a commitment not to use Bridge Street.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to approve Resolution 2019-81. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE FIRST (1ST) AMENDMENT TO THE ORCHARD SUBDIVISION FILING 1 DEVELOPMENT AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT ON BEHALF OF THE CITY; AUTHORIZING THE CITY MANAGER TO UNDERTAKE SUCH TASKS AND EXECUTE SUCH DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT AND ENFORCE THE PROVISIONS OF SAID FIRST AMENDMENT; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor Kreutzer read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Associate Planner Nick Hufford.
Associate Planner Nick Hufford presented the Orchard Subdivision, Filing 1 Development Agreement amendment. The property is located at the northeast corner of 120th Avenue and Peoria Street. The property was annexed in 2016 and was zoned C-2 and R-2. The property zoned C-2 was platted into Lot 1. This area is designated to be Mixed Use Residential. Since the annexation and zoning, the Orchard Church built their facility on approximately eight of the eleven acres in Lot 1. Orchard has decided to split Lot 1 into two separate lots, one containing the constructed church facility and the other is a vacant lot 2, which was done through an administrative process. Since Lot 2 is platted, it must go through the entire entitlement process including a Development Agreement making sure that all public utilities and infrastructure is developed to City standards. It is unknown at this time what the development would be, so this Development Agreement states that when the property develops as a stand-alone three-acre property or as a larger development, it must go through a Development Agreement to be approved by City Council. Staff recommends approval as it is in accordance with the Comprehensive Plan and the Land Use and Development Code.
Motion by Councilmember Wallin, seconded by Councilmember Humbert, to extend the meeting for fifteen minutes to 11:30 p.m. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
Associate Planner Hufford answered questions from Council regarding:
• The location of the access to the property.
• The road being a private drive and not a public roadway.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Blackhurst, to approve Resolution 2019-82. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
9. UTILITIES BUSINESS ITEMS
Ordinances
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, GRANTING AND CONVEYING TO UNITED POWER, INC., A REASONABLE AND NECESSARY UTILITY EASEMENT ACROSS CITY-OWNED REAL PROPERTY FOR ERGER’S POND AUGMENTATION STATION POWER SERVICES, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE INSTRUMENT OF CONVEYANCE (FINAL READING)
Mayor Kreutzer read the title of the Ordinance into the record.
Acting City Manager Marv Falconburg explained that this is the final reading of the Ordinance and there have not been any changes since first reading.
Mayor Kreutzer asked if anyone in the audience had comments at the second reading of the Ordinance, there was none.
Motion by Councilmember Johnston, seconded by Councilmember Humbert, to approve Ordinance 2313. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, GRANTING AND CONVEYING TO UNITED POWER, INC., A REASONABLE AND NECESSARY UTILITY EASEMENT ACROSS CITY-OWNED REAL PROPERTY FOR THE CELL 3 POWER SERVICE, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE INSTRUMENT OF CONVEYANCE (FINAL READING)
Mayor Kreutzer read the title of the Ordinance into the record.
Acting City Manager Marv Falconburg explained that this is the final reading of the Ordinance and there have not been any changes since first reading.
Motion by Councilmember Blackhurst, seconded by Councilmember Wallin, to approve Ordinance 2314. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca,
Councilmember Blackhurst, Councilmember Humbert, Councilmember
Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember
Wallin
10. GENERAL BUSINESS
A. Consideration of the removal of Philip Rodriguez as City Manager and authorizing the payment of severance to him pursuant to his Employment Agreement with the City
This item was moved to follow Item 5A.
11. REPORTS
A. By the Mayor
B. By Department Heads
C. By the City Attorney
D. By the City Manager
12. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Blackhurst reported that fish were being stocked at Ken Mitchell Park.
13. EXECUTIVE SESSION
A. For discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees regarding the City Attorney Performance Evaluation and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding Medical Center Drive
City Attorney Bajorek explained that there is not an exception for an Executive Session. Council could speak with the presenter for the Executive Session for ten minutes and arrange for him to come back later.
Councilmember Wallin asked for the rules regarding an executive session and closing the regular session. City Attorney Bajorek explained that if the regular session was closed, Council could not go into executive session. Council could schedule the executive session for another night.
Mr. Rivera agreed that he could come back another night.
Motion by Councilmember Pollack, seconded by Councilmember Humbert, to suspend the rules and eliminate the Executive Session from the Agenda. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, and Councilmember Pollack
No: 1 - Councilmember Wallin
14. ADJOURNMENT
Motion by Councilmember Baca, seconded by Councilmember Johnston, to adjourn at 11:24 p.m. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
CITY OF BRIGHTON, COLORADO
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Kenneth J. Kreutzer, Mayor
ATTEST:
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Natalie Hoel, City Clerk
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Approval Date