City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, March 6, 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 Kreutzer called the meeting to order at 7:00 p.m.
A. Pledge of Allegiance to the American Flag.
Local Vietnam Veterans 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
City Manager Philip Rodriguez asked that the Regular Agenda be amended by moving Item 7C to become 7A, Item 7D to become 7B, Item 7A to become 7C and Item 7B to become 7D.
Motion by Councilmember Humbert, seconded by Councilmember Baca, 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. Approval of the February 6, 2018 City Council Minutes
Motion by Councilmember Blackhurst, seconded by Councilmember Mills, 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
A. Recognition of Community Partners by the Brighton Employee Charities Committee
Community Resource Officer Gail Ashley gave a brief overview of the Brighton Employees Charities Committee, the programs the committee is involved with and recognized the community sponsors that support the committee.
B. Colorado Youth Leadership Week Proclamation
Mayor Kreutzer read the Proclamation into the record and presented it to Tawnya Russell, Youth Services Manager.
Motion by Councilmember Blackhurst, seconded by Councilmember Wallin, to approve the Proclamation. 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
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
6. PUBLIC HEARINGS
7. CONSOLIDATED ITEMS FOR SEQUENTIAL REVIEW
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING THE FINAL SERVICE PLAN FOR BRIGHTON CROSSING METROPOLITAN DISTRICT NOS. 5-8 (PUBLIC HEARING CONTINUED FROM DECEMBER 19, 2017 AND FEBRUARY 20, 2018)
Mayor Kreutzer read the title of the Resolution into the record.
The public hearing was opened at 7:38 p.m. on December 19, 2017 and continued to February 20, 2018 and March 6, 2018. City Clerk Natalie Hoel verified the required postings and publications (November 29, 2017 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 staff report for final approval of the Service Plan for the Brighton Crossing Metropolitan Districts Nos. 5-8 and for an agreement in Brighton Crossing for roadway improvements. The drafted agreement is between the City and Brookfield Residential as the owner. Conditional approval was granted by City Council for the Service Plan on September 19, 2017. This allowed the Districts to meet an organizational deadline that fell on September 20, 2017. The District is now seeking final approval of their Service Plan. The Plan is in a multiple district format as the proposal is to create four Districts out of the boundaries of the current Brighton Crossing Metro District No. 4.
The City and Brookfield Residential have reached an agreement for two roadways, North 45th Avenue and Longspeak Street adjacent to the Districts regarding funding of the design and construction of those roadways. This would typically occur at the time of platting with the Development Agreement.
Brookfield is the owner of all of the area included in these Districts; there are not any current or new residents in these areas. District 5 is located northwest of the intersection of Tower Road and Southern Street, southwest of the water tower and south of the new fire station. District 6 is located east of 45th Avenue, south of Longspeak Street, west of 50th Avenue and north of Bridge Street. District 7 encompasses Brighton Crossing Filing 2, 5th and 6th Amendments and three other smaller areas. District 8 is located along the I-76 frontage road. All of these areas were part of the original boundaries of District no. 4.
The District Service Plan was granted conditional approval. Council found that the Plan included provisions that are required by State Statute, being a description of services, financial information, preliminary engineering survey, map and boundary data, estimates on build-out and population to future assessed values and the estimated cost of the development and District operations, and found that all these were in order. The three conditions placed on the approval were:
1. Finalizing a financial plan that is acceptable to City Council .
2. An Intergovernmental Agreement (IGA) is agreed to by City Council.
3. Any amendments or modifications to the Service Plan based on those two items are agreed to by City Council.
The Financial Plan includes a probable total infrastructure cost of $101,113,000.00. The roadway improvements include 4,200 LF of Baseline Road, 4,100 LF of Bridge Street, 2,000 LF of 45th Avenue, 2,100 LF of Longspeak Street, 1,100 LF for the connector between 45th Avenue and Longspeak Street, 2,600 LF of Tower Road and 1,800 LF of Southern Street. The plan is that the District will build these roadways to their final build-out. The Financial Plan includes the cost of three traffic signals, a recreation center, Beach Club expansion, and community and other park items, fencing, monumentation, drainage, sanitary sewer, storm sewer, water lines, internal roadways with curb, gutter and sidewalks. These improvements will be completed by the District in the coming years.
The obligation to design and construction the typical roadway improvements is outlined in terms of final design, construction and timing associated with the adjacent plat and/or subdivision adding traffic. In order to provide the community with a set timeframe for the design and construction of the remaining portions of North 45th Avenue and Longspeak Street, as they are adjacent to District 6, staff and Brookfield Residential have worked to provide Council with a draft Agreement that outlines the design, construction and timing of those two roadways.
The Agreement states that within 15 days of the approval of the Service Plan, and the Plat Amendments being considered by Council later on tonight’s Agenda, the Developer will submit preliminary cost estimates for constructing those roadways to the City for review. After which, within forty-five days of the City’s acceptance of those construction estimates, the Developer shall provide payment and performance bonds, or another financial guarantees, thus securing the Developer’s obligation to design and construct those roadway improvements to 45th Avenue and Longspeak Street. The developer must submit its initial Plat for District 6 as well as the plans for the two roadway improvements no later than December 31, 2018. If the initial Plat and cost estimates are not filed by the end of this year, the City may call on the surety bond to recover the design costs associated with those roadway improvements. Additionally, the City and the Developer agree to use good faith efforts to work cooperatively in reviewing the initial Plat so it can be presented to City Council within six to eight months after the date it was submitted. Upon City Council approval of the initial Plat, the Developer will secure bids for the construction of the roadways and will begin construction in accordance of those plans. In the event that the Developer has not initiated the construction of the roadways within ninety days of approval of the initial Plat, the City can call upon the security bond and complete the construction itself. The Developer shall use good faith efforts to complete substantially the construction of the roadway improvements within eighteen months following City Council’s approval of the initial Plat.
Staff finds that all three conditions of the conditional approval of the Service Plan from September have been met. The applicant has submitted a Financial Plan that is acceptable to City staff and the City’s Financial Consultant. Staff and the City’s special Counsel have worked with the applicant to ensure that the submitted IGA is satisfactory to the standards set in the approved Model Service Plan. The resubmitted Service Plan, based on the submitted Financial Plan and IGA, does not require any further amendments or modifications. City staff finds that the Agreement properly establishes the funding of and the timeframe for design and construction by the District of the adjacent portions of 45th Avenue and Longspeak Street with the expectation that those roadway improvements will be completed substantially no later than December 31, 2020. City staff is recommending approval of both resolutions.
Public notice was published in the Brighton Standard Blade on November 29, 2017 and all proper procedures were followed for the two continuations of the public hearing. Staff has not received any formal comments regarding this item.
Deb Hinsvark, Ehlers, Financial Advisor for the City stated that she has reviewed the plans for development, the anticipated times for development, the values applied, the appropriate assessed valuation percentages. The revenue that is generated is apparently enough to service the debt that is anticipated in this transaction.
Mayor Kreutzer asked if the applicant would like to add anything to the presentation.
Kristen Bear, White Bear Ankele, representing the petitioners for the formation of the Metropolitan Districts. Ms. Bear explained that the Consolidated Service Plan was presented and approved by City Council on a conditional basis in August 2017. Ms. Bear moved forward with the Service Plan on a conditional basis in order to meet the timeline associated with the November election. As a result of the condition set forth in the resolution, the election was allowed to be conducted and obtain an order from the Court for the organization of the District. The legal effect of that order is such that the Districts are not formally organized until the order is recorded on the property. That order is being held for organization of the District pending consideration of the resolution for the Final Service Plan.
Submission of the current Service Plan addresses the conditions of the September 2017 conditional approval. The Financial Plan contains revisions as staff and consultants have suggested are appropriate. The IGA has also been submitted in a format that staff has deemed acceptable. Since the September 2017 conditional approval, counsel for the proposed District and the developer’s counsel have been working with staff to come to some agreement relative to the road improvements. Ms. Bear feels that all parties have reached an acceptable agreement. No objections or comments have been received.
The proposed boundaries of Districts 5-8 are undeveloped property that were once in the boundary of Brighton Crossing Metro District No. 4. In anticipation of the process associated with these service plans, the property that was previously within the boundaries of District No. 4 has been legally excluded so it does not overlap with the proposed new districts.
Regarding the District authorization, the estimated cost of improvements is 101 million dollars, there are authorizations for purpose of debt issuance of 60 million dollars. The Districts are financing vehicles for purposes of facilitating some of the financing associated with the public improvements. The Districts are a component part of the overall financing that is necessary for development. In addition to the bonds that may be issued by the District for purposes of financing some of the improvements, there is both conventional financing and other financing that the developer may undertake to complete the improvements that are not funded through the District.
The mill levies permitted through Districts Nos. 5-8 comply with the Model Service Plan. The debt service mill levies are limited to 50 mills with an overall mill levy limit of 60 mills. Both of those are subject to the Gallagher adjustment in the future from the base of 7.2% assessment ratio in the Service Plan. The maximum Service Plan debt term is forty years from the time of which the initial debt service mill levy is imposed by any one of those Districts.
At this time, 3,700 active local governments provide services to the residents and property owners within the state. Of those, about 1,500 are Metropolitan Districts, which are characterized as Title 32 Districts as the Brighton Crossing Metropolitan Districts would be. The increase in Title 32 Districts is a result of the development being conducted in Colorado and the use of these Districts across the board as financing vehicles for these types of developments. There are 226 Metropolitan Districts in Adams County.
Property taxes are calculated by taking the market value associated with a home multiplied by the residential assessment ratio, 7.2%, this is the assessed valuation. The assessed valuation is then multiplied by the number of mills that are associated with a property; these mills include the District mills and any other overlapping entities that might be associated with any individual property.
Mark Baker, Greenberg Traurig, Counsel for Brookfield Residential. Mr. Baker explained that this is a complicated development and Brookfield will continue to be a partner with the City in the future to develop this area. Mr. Baker feels that Brookfield was asked to do an unusual action in speaking to the development of property not immediately implicated by the Plats and Development Agreements at issue before Council tonight. Brookfield originally looked at providing an agreement or a memorandum of understanding, and ultimately in an effort to advance this process in connection with the approval of the Service Plan, Brookfield negotiated with City counsel an agreement regarding roadway improvements. Mr. Baker entered the executed Agreement into the record and presented it to City Attorney Margaret Brubaker. This Agreement ties into both the Service Plan and into the Plat Amendments that will be presented later in the Agenda, they are contingent upon each other. This Agreement and the presented timeline, runs off the approval of the Service Plan and approval of the Plat Amendments.
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 Johnston asked if the election in November was for the Board of Directors and how long is their terms of office. Ms. Bear explained that the election conducted in November was for the organization of the District, the election of the Board of Directors for each District, and for authorization of debt and tax. Those types of debt questions can only be placed on a ballot in May of even number years and November of odd number years. All of those questions were on the ballot in November pending approval of the Service Plan. The organizational questions, board of director questions and debt and taxing questions all become effective upon recordation of the order for organization for each of the Districts. The initial terms of office associated with the directors include three, four-year terms and two, two-year terms. The two-year terms were up for the election process as part of the regular May 2018 director’s election. Some of those timelines could not be met due to this meeting. As a result, in May, those positions will be vacated and someone will be appointed to those positions. Councilmember Johnston asked if there would be elections following that process. Ms. Bear reported that those elections would take place in May of even numbered years. Councilmember Johnston asked if the road would be designed with curb, gutter, and two different right-of-ways. Streets and Fleet Director Kimberly Dall explained that the final design is being worked through, but the original plan was to have the median with round-a-bout intersections. The construction may reflect no sidewalk on the eastern side, as far as what is appropriate, but staff is looking at a northbound travel lane with bike lanes associated with it. Councilmember Johnston expressed he is proud of the City and the developer to make sure that safety is first.
Mayor Kreutzer closed the public hearing at 7:49 p.m.
Motion by Councilmember Blackhurst, seconded by Councilmember Johnston, to approve Resolution 2018-22 approving the Final Service Plan for Brighton Crossing Metropolitan District Nos. 5-8. 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 AN AGREEMENT REGARDING ROADWAY IMPROVEMENTS BETWEEN THE CITY AND BROOKFIELD RESIDENTIAL, LLC; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor Kreutzer read the title of the Resolution into the record.
Motion by Councilmember Wallin, seconded by Councilmember Baca, to approve Resolution 2018-23 approving an agreement regarding roadway improvements between the City and Brookfield Residential, LLC; authorizing the Mayor to execute said agreement on behalf of the City and the City Clerk to attest thereto; and setting forth other details related thereto. 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
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, GRANTING CONDITIONAL APPROVAL OF THE BRIGHTON CROSSING FILING NO. 2, 5TH AMENDMENT PLAT AMENDMENT AND THE BRIGHTON CROSSING FILING NO. 2 DEVELOPMENT AGREEMENT, 2ND AMENDMENT, FOR APPROXIMATELY 66.893 ACRES OF PROPERTY, GENERALLY LOCATED WITHIN THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO; SETTING FORTH SAID CONDITIONS OF APPROVAL; AUTHORIZING THE MAYOR TO EXECUTE THE DEVELOPMENT AGREEMENT AMENDMENT; AND SETTING FORTH OTHER DETAILS RELATED THERETO (PUBLIC HEARING)
Mayor Kreutzer read the title of Items 7C and 7D into the record.
Mayor Kreutzer opened the public hearing at 7:54 p.m. and City Clerk Natalie Hoel verified the required postings and publications (February 21, and February 28, 2018 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Rodriguez introduced Associate Planner Josh Tetzlaff.
Associate Planner Josh Tetzlaff explained that the Plat Amendment and the Development Agreement Amendment applications are for two amendments to the single-family residential subdivision known as Brighton Crossing Filing 2 located east of North 50th Avenue, north of Bridge Street, and south of Baseline Road. These applications will constitute the 5th and 6th Amendments to the original subdivision. Council will determine if the Final Plats meet the Subdivision Regulations and if the Development Agreement Amendments adequately serve the City’s needs.
Platting is typically the third step in the development process. At this stage, the property has been annexed into the City and given a zoning designation, which describes the allowed uses for the property. During the platting stage, the applicant is proposing property lines and has not necessarily decided how the land will be developed. The applicant is requesting two separate Amendments to their plat. Along with these Plat Amendments, amendments to the original Development Agreement are also needed to account for changes in the plats as well as to update them for new development practices.
The proposed property was annexed into the City in 1985 as part of the Bromley Park annexation and is currently zoned as part of the Bromley Park PUD. This area is designated to be developed with single-family residential. Brighton Crossing Filing 2 is built out in the southwest portion of the Development, including a portion of the development of the King Soopers Shopping area. The northwest corner of the project is currently under construction along with North 50th Avenue and Bridge Street east of North 50th Avenue. The applicant currently has plans in review for Baseline Road and plans on constructing their portion of the street in the near future.
The Comprehensive Plan designates this area as low-density residential, which can include both single-family detached homes as well as two family homes, known as duplexes. The applicant is proposing this mix of uses. Within the 5th Amendment application, the applicant is proposing to build duplexes, which will help the City by providing another variation of housing types for those looking to purchase homes. The 5th Amendment will also include a three acre park as well as a trail along the canal. The Development Agreement Amendment associated with the 5th Amendment to the Plat is the 2nd Amendment to the original Development Agreement.
The 6th Amendment to the Plat will be made up of single-family detached homes with various lot sizes. This site will include a trail along the canal as well as a connector from the trail to the west to the community park and an eventual school site. The 6th Amendment to the Plat is associated with the 3rd Amendment of the agreement.
The review criteria in the Land Use and Development Code regarding Plat Amendments requires that the Plat must comply with the zoning ordinance and the Subdivision Regulations. This Plat must comply with the regulations in the Bromley Park PUD. Staff finds that the plat does meet those requirements. The Plat Amendment can be reviewed administratively. Due to the complexity of this Plat Amendment, the Community Development Director has exercised her right under the Code to refer the review and decision to the City Council.
The major infrastructure for Brighton Crossing Filing 2 is either currently under construction or under review to be completed soon. This includes 50th Avenue, North Bridge Street, Bridge Street east of North 50th Avenue, and Baseline Road. Within the Development Agreement Amendment, park and trail construction and maintenance is described in detail, as well as items such as building of community mailboxes, and erecting future development signs to inform new homebuyers of the future build-out of the neighborhood.
Notice of the Final Plat Amendment was sent to all property owners immediately adjacent to the proposed project as required by Code. Four signs were posted on the property, published notice in the Brighton Standard Blade, and posted notice on the City website. No formal comments have been received.
Due to complying with the Land Use and Development Code and the Bromley Park PUD and complying with the Comprehensive Plan, staff recommends the following:
• For the Brighton Crossing Filing 2, 5th Amendment and its accompanying agreement the Brighton Crossing Filing 2 Development Agreement, 2nd Amendment, staff recommends approval with the following conditions.
1. The owner/developer shall address all comments on the application, as discussed in the “Summary Letter of the DRC Comments for Review #3” letter sent to the applicant on February 1, 2018, to City staff’s satisfaction.
2. The owner/developer shall enter into a written agreement with the landowner to the east of the property that sets forth a specific drainage plan for the property that is satisfactory to both parties, and the City.
• For Brighton Crossing Filing 2, 6th Amendment and its accompanying agreement, the Brighton Crossing Filing 2 Development Agreement, 3rd Amendment, staff recommends approval with the following conditions:
1. The owner/developer shall address all comments on the application, as discussed in the “Summary Letter of the DRC Comments for Review #3” letter sent to the applicant on February 1, 2018 to City staff’s satisfaction.
For all these conditions, staff is recommending they be satisfied as a condition precedent to the issuance of any building permit for any development on either of the two properties.
Mayor Kreutzer asked if the applicant would like to add anything to the presentation.
Brian Reed, Brookfield Residential, 6465 Greenwood Plaza Boulevard, Suite 700, Centennial, Colorado. Mr. Reed thanked staff for all their help and efforts during this process.
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 how many residential units would be in each of the two parcels. Planner Tetzlaff reported that there would be 203 lots in the 5th Amendment and 138 lots in the 6th Amendment.
Mayor Pro Tem Edwards asked if the 5th Amendment would allow duplexes and Planner Tetzlaff reported that it would. Mayor Pro Tem Edwards asked if the duplex units would be sold as a single unit or a double unit. Brian Reed explained that the intent is to have each unit purchased individually.
Councilmember Johnston asked why the Community Development Director deferred approval of this to the City Council. Planner Tetzlaff explained that the Municipal Code allows certain Plat Amendments to be reviewed administratively. The Code also allows the Director to allow City Council to make the decision if there are major changes to the subdivision. If there were minor changes to the subdivision, the applicant would have an expedited review process and have the amendment approved administratively. Councilmember Johnston asked why this amendment specifically was taken to Council for review. Community Development Director Holly Prather explained that Brighton Municipal Code Section 17-40-250, Subdivision Regulations, Plat Amendment states that a plat amendment is appropriate when they “do not reflect actual construction, require the relocation of lot lines, easements or public rights-of-way or other material modifications and/or revisions”, they have to submit an amended plat. “If the Director believes that the proposed amendment substantially alters the final plat as approved, the Director may refer the amendment to the City Council…” Since the Development Agreement was being considered by Council, it seemed appropriate to have Council review the Plat Amendment at the same time. Roadways are being vacated and realigned, the canal crossings are moving, there is a reduction in lots, and a mix of housing products that was not contemplated in the original Plat. Director Prather believed that these changes substantially altered what was originally approved by City Council and felt that Council should review and approve the amendments.
Mayor Kreutzer closed the public hearing at 8:06 p.m.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to approve Resolution 2018-20 granting conditional approval of the Brighton Crossing Filing No. 2, 5th Amendment Plat Amendment and the Brighton Crossing Filing No. 2 Development Agreement, 2nd Amendment, for approximately 66.893 acres of property, generally located within the northeast quarter of section 2, township 1 south, range 66 west of the 6th principal meridian, City of Brighton, County of Adams, State of Colorado; setting forth said conditions of approval; authorizing the Mayor to execute the Development Agreement Amendment; and setting forth other details related thereto. 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
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, GRANTING CONDITIONAL APPROVAL OF THE BRIGHTON CROSSING FILING NO. 2, 6TH AMENDMENT PLAT AMENDMENT AND THE BRIGHTON CROSSING FILING NO. 2 DEVELOPMENT AGREEMENT, 3RD AMENDMENT FOR APPROXIMATELY 74.776 ACRES OF PROPERTY, GENERALLY LOCATED WITHIN THE EAST HALF OF SECTION 2, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO; SETTING FORTH SAID CONDITIONS OF APPROVAL; AUTHORIZING THE MAYOR TO EXECUTE THE DEVELOPMENT AGREEMENT AMENDMENT; AND SETTING FORTH OTHER DETAILS RELATED THERETO (PUBLIC HEARING)
Motion by Councilmember Wallin, seconded by Councilmember Blackhurst, to approve Resolution 2018-21 granting conditional approval of the Brighton Crossing Filing No. 2, 6th Amendment Plat Amendment and the Brighton Crossing Filing No. 2 Development Agreement, 3rd Amendment for approximately 74.776 acres of property, generally located within the east half of section 2, township 1 south, range 66 west of the 6th principal meridian, City of Brighton, County of Adams, State of Colorado; setting forth said conditions of approval; authorizing the Mayor to execute the Development Agreement Amendment; and setting forth other details related thereto. 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
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING WITH CONDITIONS AS SET FORTH HEREIN, A CONDITIONAL USE FOR THE VERIZON WIRELESS TOWER ON BASELINE ROAD, A COMMERCIAL MOBILE RADIO SERVICE FACILITY, GENERALLY LOCATED IN TRACT W, BRIGHTON EAST FARMS FILING NO 1, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, AND SETTING FORTH DETAILS IN RELATION THERETO (PUBLIC HEARING, CONTINUED FROM FEBRUARY 6, 2018)
Mayor Kreutzer read the title of the Resolution into the record.
The public hearing was opened at 7:40 p.m. on February 6, 2018 and continued to March 6, 2018. City Clerk Natalie Hoel verified the required postings and publications (January 17, 2018 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Rodriguez introduced Associate Planner Josh Tetzlaff.
Associate Planner Josh Tetzlaff is following up on the questions that City Council had at the prior public hearing regarding the Verizon Wireless tower on Baseline Road. On February 6, 2018, after much discussion, this hearing was continued to tonight to allow staff time to research some of the questions from City Council. Council wanted staff and the applicant to explore other locations onsite and to be able to speak to what the FCC has to say regarding cell towers. Staff did visit the site with the applicant, discussed how the site exists now, and would exist in the future. Planner Tetzlaff presented a future map of the site and explained that a tower could not be placed where the future water tank will be placed. The other open space on the site is designated as a drainage pond. Being a drainage pond, this portion of the site has additional constraints not found on the rest of the site. These constraints do not preclude the use of the area, just that they require additional site work and engineering. The southeast section of the site does not have any plans for use. The applicant chose not to relocate the tower to this section because they wanted to minimally impact the site and the neighbors as much as possible. By replacing the existing pole and leaving it in generally the same area, they believe they are minimally affecting any views with a new tower. In addition, moving the tower would place it near a higher number of residents and therefore, affect a higher number of people. Ultimately, the applicant chose to place the pole in a similar location as the existing pole, ultimately, no alternative location was agreed upon by the applicant and staff.
Carey Gagnon, Verizon Wireless staff Counsel, 3131 Vaughn Way, Aurora, Colorado. Ms. Gagnon thanked Council for their service and explained that in their roles as Councilmembers, they are asked to decide on a number of issues involving their constituents. Often these issues concern local, state and federal laws and involve different roles for different governing bodies. It is impossible to be an expert in where those lines are drawn. Ms. Gagnon appreciates the opportunity to address with more particularity where the intersection of federal and local law lies in the area of public communications.
The Federal Communication Commission was created and operates through its regulatory authority to provide for the consistent regulation of telecommunications nationally in recognition of the critical role that telecommunications play in national security, and in the public and commercial lives of all Americans. As part of that regulatory scheme, Congress ensured consistency by providing for express preemption in key areas, which are entrusted to the sole authority of the FCC and its technical experts. One such area concerns radio frequency, or RF emissions. The Federal Telecommunications Act of 1996, Section 3, explains the limitations on local regulation of telecommunications facilities based on “the environmental effects of radio frequency emissions to the extent that such facilities comply with the commissions regulations concerning such emissions”. Through FCC interpretation of this and subsequent case law, the environmental effects of radio frequency emissions does include health effects, health concerns, or biologic concerns associated with RF radiation. This means that any consideration of health or safety concerns related to RF emissions or any spacing or siting concerns that are tied to radio frequency emissions would be preempted by the Telecommunications Act. A decision by a local entity based on this would conflict with federal law. The FCC has adopted regulations to govern the manner in which carriers demonstrate compliance with the emissions standards and has issued comprehensive guidelines to that effect, lending to the authority of the FCC on this matter.
The question was raised at the last hearing asking why Verizon Wireless had not provided Council with any science; the FCC regulations is the reason Verizon did not provide any science regarding RF emissions at the last meeting. They ensure compliance with the FCC regarding emissions and address the compliance reporting directly with the FCC. Verizon does have to comply with the FCC regulations regarding emissions. Ms. Gagnon hopes to protect the record and ensure that Council is making decisions based on factors that can be considered. Ms. Gagnon stated that Kevin Brown, the RF Engineer is present and can provide more information regarding how a site is determined to be in compliance and can testify that this proposed site will be in compliance. To dig into the data that lies behind the certification is the responsibility of the FCC. Ms. Gagnon appreciates that Council is trying to care for the concerns of the citizens, and there are many aspects of the proposed facility that can be considered. Verizon has to show that they comply with City Codes and Verizon is asking for and hoping for an approval of the facility. If City Council does vote to deny the request, it must be on legally supportable grounds.
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.
Mayor Pro Tem Edwards asked the RF Engineer to speak to Council.
Kevin Brown, 3131 South Broadway, Aurora. Mr. Brown explained that Verizon completed a third party study and will provide the City with that information showing how Verizon complies with FCC standards. The third party study takes into account all of the frequencies that will be emitted from the site at full capacity load. This rarely happens unless there is a state of emergency. At the ground level, the emissions were between 0% and 20% except for a small portion directly in front of the tower. That small portion was between 20% and 100%. The height of the second story of the closest home showed the same emissions of 0% to 20%. The property line of the home is located approximately 70’ from the location of the tower and there is approximately 165’ from the tower to the second story of the residence.
Mayor Pro Tem Edwards asked if this distance is outside of the range that becomes an issue for emissions. Mr. Brown reported that it is.
Councilmember Blackhurst asked if the applicant considered moving the location of the tower between the water tank and the drainage pond next to the roadway. This would move the tower away from the resident’s home. Alicia Wood, Black and Veatch, 4600 South Syracuse, Denver, 80237, consultant for Verizon. Ms. Wood explained that this area would not meet the setback requirements in the City Code and would not meet the fall radius for the water tower. Councilmember Blackhurst said that it appears to be the same distance from the water tank as the proposed location and that the proposed location does not seem to meet the requirements. Ms. Wood stated that the proposed site does meet the requirements, and has less of a visual impact than other areas on the site.
Councilmember Johnston asked if the setback limitations are set by the City. Planner Tetzlaff stated that they are; this area is zoned Public Land and the setback requirements are 50’ away from a street and 15’ from the sides of a lot. The setback from the tank is from the Utilities Department, as a precaution if the tower should come down, the water storage tank would not be damaged. Councilmember Johnston asked if the setback requirements could be changed. Planner Tetzlaff explained that the City Code allows for the changing of setbacks through a variance process, which are approved by the Board of Adjustment. Councilmember Johnston asked if the Board of Adjustment ruling would come back before City Council or would their decision be final. Planner Tetzlaff explained that the ruling would be final. Councilmember Johnston asked why this is the only location Verizon is considering when there are less houses in Jacobs Run. Ms. Wood stated that this location was chosen because it is the least intrusive; it does not add a new tower, there was a successful negotiation and completion of a facility utilizing an existing siren pole previously approved by Council. These factors led Verizon to believe this would be a mutually beneficial project. This location fills the coverage and capacity gap that exists in this area. Verizon is working with the City to bring fiber to this location for the City of Brighton. Councilmember Johnston asked if there is not a location across 168th Avenue that is sufficient to locate the tower. City Manager Rodriguez explained that the City does not make any discretionary choices about the location of realty endeavors. Staff cannot answer that question. Councilmember Johnston asked if Verizon would be willing to look for a site north of 168th Avenue where there is no housing. Ms. Wood explained that several property owners were approached in the area, but there was little interest by the property owners in the vicinity. A lot went into the siting of the location and this was chosen because Verizon’s objectives and the City’s Code requirements could be met. Verizon has worked with City departments for over a year on this site. Councilmember Johnston understands that Council cannot make certain judgments because of the FCC law, but Council can make judgments if there are residents where there is a perception that their housing prices could fall because of the perception of a health concern. The perception is as good to the buyer of a home as it would be if it were real. Council can make a decision based on the real estate value going down. Ms. Gagnon explained that if Councilmembers believe that they have received credible evidence that is supportable from a legal perspective that property values would be impacted, property values could be taken into consideration.
Councilmember Wallin asked if the 75’ fall radius to protect the water infrastructure extends to the neighbor’s yard and 168th if the tower should fall. Utilities Director Curt Bauers said he cannot speak to the 75’ radius around the site, only that the tower will fall clear of the water storage tank. Councilmember Wallin expressed concern regarding the fall radius to 168th Avenue and to the adjacent property.
Mayor Pro Tem Edwards asked if the proposed location is the highest point on the lot. Ms. Woods stated that she does not know. Mr. Brown explained that the highest point on the property is on the south side, but that area was not chosen because Verizon did not want to affect multiple homes. Mayor Pro Tem Edwards asked if the tower were moved across the street, would there be a loss in elevation. Mr. Brown explained that there could be a loss of up to 15’ of elevation. Mayor Pro Tem Edwards asked if it is beneficial to have the tower on as high of ground as possible. Mr. Brown explained that the height is important from a coverage standpoint. The antenna needs to be tall enough to clear the tanks and cover as much of the area along Baseline Road and the residents in the area. Mayor Pro Tem Edwards knows several residents in Jacobs Run that do not get cell service; this is a safety factor for those homeowners. Most people depend on cell phones and the coverage in that area is not satisfactory, especially in emergencies. This appears to be the best location at this time. According to experts and the FCC, this location is outside of the area where radio waves could cause bodily injury.
Mayor Kreutzer explained that the exact situation happened in his neighborhood, it was a seamless process and one cannot even tell that the tower has changed. The only difference is there is better cell service in the area.
Mayor Kreutzer closed the public hearing at 8:49 p.m.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Pollack, to approve Resolution 2018-24 approving with conditions as set forth herein, a Conditional Use for the Verizon Wireless Tower on Baseline Road, a commercial mobile radio service facility, generally located in Tract W, Brighton East Farms Filing No 1, City of Brighton, County of Adams, State of Colorado, and setting forth details in relation thereto. Motion passed by the following vote:
Aye: 6 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Humbert, Councilmember Mills, and Councilmember Pollack
No: 3 - Councilmember Blackhurst, Councilmember Johnston, and Councilmember Wallin
F. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING A LEASE TRANSACTION INVOLVING CERTAIN CITY-OWNED REAL PROPERTY TO VERIZON WIRELESS, ON THE TERMS AND CONDITIONS OF THAT CERTAIN LAND LEASE AGREEMENT DATED FEBRUARY 6, 2018; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE LAND LEASE AGREEMENT FOR THE CITY (FIRST READING)
Mayor Kreutzer read the title of the Ordinance into the record.
City Manager Rodriguez introduced Associate Planner Josh Tetzlaff.
Associate Planner Josh Tetzlaff explained that this is the lease that would accompany the Conditional Use Permit that was just approved by City Council.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to approve the Ordinance approving a lease transaction involving certain city-owned real property to Verizon Wireless, on the terms and conditions of that certain Land Lease Agreement dated February 6. 2018; and authorizing the City Manager or his designee to execute the Land Lease Agreement for the City. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Mills, and Councilmember
Pollack
No: 2 - Councilmember Johnston, and Councilmember Wallin
Mayor Kreutzer asked that City Council consider Item 10A at this time.
10. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE PROPOSAL OF BREKHUS MARBLE & GRANITE, LLC., AND AWARDING THE CONTRACT FOR THE BRIGHTON VIETNAM VETERANS MEMORIAL STONE PILLAR MONUMENTS PROJECT #17018, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED ELEVEN THOUSAND SEVEN HUNDRED SIX DOLLARS AND SIXTY CENTS ($111,706.60); AUTHORIZING A 2018 BUDGET AMENDMENT IN THE AMOUNT OF TWENTY TWO THOUSAND DOLLARS ($22,000); 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 Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle presented the Resolution approving the award of a contract to Brekhus Marble & Granite LLC for $111,706.60 for the granite pillars for the Vietnam Veterans Memorial and appropriating an additional $22,000.00 to complete the project. In winter, 2016, a group of Vietnam Veterans asked City Council to consider building a Vietnam Veterans Memorial. Staff worked with the Veterans group to design the memorial. A location for the memorial was chosen at the corner of 4th Avenue and Jessup Street. The memorial will consist of eight polished granite black pillars. Three of the pillars will have the names of the Army service members; another pillar will contain the names of the Marines, another for the Air Force and another for the Navy. During the Vietnam War, the Coast Guard was under the Navy, so the name of the Coast Guard members will be included on the Navy monument with the insignia for the Coast Guard. The center monument will contain the names of the service members killed in action in Vietnam. The eighth monument will be a welcome monument and will include a brief history of the Vietnam War. The total cost for the memorial is $132,000.00 and includes $111,706.60 for the eight pillars and engraving, $9,238.80 for materials and installation for the columns and flagpoles, $5,554.60 for the flagpoles, $3,500.00 for solar lighting, and $2,000.00 for landscaping. The Cemetery staff will complete the installation. The project will be completed by May 28, 2018 and there will be a dedication ceremony on Memorial Day, 2018.
Jose Gonzales, 7752 Shoshone Street, Denver. Mr. Gonzales presented each City Councilmember with a challenge coin from the Vietnam Veterans America, Chapter 1071 in Denver, Colorado for taking on the challenge of putting up this memorial for the Vietnam Veterans in the Brighton area.
Elias Huerta stated that he is humbled to be here. Mr. Huerta stated that he is grateful that he stayed in Brighton after his service. This memorial is due to the efforts of the veterans, but would not be possible without the commitment from City Council. This memorial will honor the veterans that have not been honored before.
Mayor Kreutzer and City Council members expressed their appreciation and thanked the veterans for their service to the country. This will be a tribute to all who served and to the community.
Motion by Councilmember Baca, seconded by Councilmember Humbert, to approve Resolution 2018-25 accepting the proposal of Brekhus Marble & Granite, LLC., and awarding the contract for the Brighton Vietnam Veterans Memorial Stone Pillar Monuments Project #17018, in an amount not to exceed $111,706.60; authorizing a 2018 budget Amendment in the amount of $22,000.00; 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: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
Mayor Kreutzer called for a break at 9:12 p.m.
Mayor Kreutzer reconvened the meeting at 9:27 p.m.
8. ORDINANCES FOR INITIAL CONSIDERATION
9. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING AN OIL AND GAS LEASE (NO SURFACE OCCUPANCY) WITH PETRO OPERATING COMPANY, LLC +/- 61.1902 NET MINERAL ACRES IN CERTAIN PORTIONS OF SECTION 10 TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH P.M. ADAMS COUNTY, COLORADO; FINDING THAT THE TERMS OF SAID LEASE, INCLUDING A 21% ROYALTY RATE AND A FIVE THOUSAND DOLLAR ($5,000) PER MINERAL ACRE BONUS PAYMENT, ARE REASONABLE AND THAT IT IS IN THE BEST INTEREST OF THE CITY TO ENTER INTO SAID LEASE; AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE ON BEHALF OF THE CITY; AUTHORIZING THE CITY MANAGER TO UNDERTAKE SUCH TASKS AND EXECUTE SUCH DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT SAID LEASE; AND SETTING FORTH OTHER DETAILS RELATED THERETO
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 Mayor Pro Tem Edwards, to approve Ordinance 2277 approving an Oil and Gas Lease (no surface occupancy) with Petro Operating Company, LLC +/- 61.1902 net mineral acres in certain portions of section 10 township 1 south, range 66 west of the 6th p.m. Adams County, Colorado; finding that the terms of said lease including a 21% royalty rate and a $5,000.00 per mineral acre bonus payment, are reasonable and that it is in the best interest of the City to enter into said lease; authorizing the Mayor to execute said lease on behalf of the City; authorizing the City Manager to undertake such tasks and execute such documents as may be required to implement said lease; and setting forth other details related thereto. 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 REPEALING AND REENACTING SPECIFIED SECTIONS OF THE BRIGHTON MUNICIPAL CODE RELATED TO MOBILE VENDORS; AND, SETTING FORTH DETAILS IN RELATION THERETO
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 Johnston, seconded by Councilmember Blackhurst, to approve Ordinance 2278 repealing and reenacting specified sections of the Brighton Municipal Code related to Mobile Vendors; and, setting forth details in relation thereto. 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. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE PROPOSAL OF BREKHUS MARBLE & GRANITE, LLC., AND AWARDING THE CONTRACT FOR THE BRIGHTON VIETNAM VETERANS MEMORIAL STONE PILLAR MONUMENTS PROJECT #17018, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED ELEVEN THOUSAND SEVEN HUNDRED SIX DOLLARS AND SIXTY CENTS ($111,706.60); AUTHORIZING A 2018 BUDGET AMENDMENT IN THE AMOUNT OF TWENTY TWO THOUSAND DOLLARS ($22,000); AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Item 10A was approved after Item 7F.
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO AMENDING THE 2018 FEE RESOLUTION
Mayor Kreutzer read the title of the Resolution into the record.
City Manager Rodriguez introduced Associate Planner Josh Tetzlaff and Finance Director Jean Starr.
Associate Planner Josh Tetzlaff presented the Fee Resolution amendment, which will create two new fees for two applications as well as insert some previously omitted language in the 2018 Fee Resolution. City Council has approved the Ordinance for Outdoor Vending Regulations that created two new applications. The first application is for an outdoor vending license and the other is for an outdoor vending on private property permit. City Code gives City Council the ability to adopt fees for applications. Staff analyzed the general review process for the existing mobile vending applications and estimated the amount of time each application would require from staff. It was determined that $50.00 per application would be appropriate for recouping the cost of the application without overcharging the applicant for staff’s time.
Finance Director Jean Starr explained that since the Outdoor Vending Fee Resolution was being presented to Council, Finance was working with Community Development to put back into the Fee Resolution language regarding the building plan review. This is an insert to the 2018 Fee Resolution regarding independent contractors; the City is allowed to use these contractors when workloads are large. Staff is also clarifying that the Neighborhood Park Impact fee is $1,380.00; this fee has been this amount since 2008. Staff recommends approval of this Resolution.
Planner Tetzlaff answered questions from Council regarding:
• The license for outdoor vending and vending on personal property not being the same license.
• The licensee having to obtain both licenses if they are only going to serve on private property.
• The need to have a permit to sell lemonade.
Motion by Councilmember Blackhurst, seconded by Councilmember Humbert, to approve Resolution 2018-26 amending the 2018 Fee Resolution. 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
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, ACCEPTING THE PROPOSAL OF GLACIER CONSTRUCTION COMPANY, INC., AND AWARDING THE CONTRACT FOR THE GREENSAND FILTER EFFLUENT LINE VALVE REPLACEMENT PROJECT TO GLACIER CONSTRUCTION COMPANY, INC. IN AN AMOUNT NOT TO EXCEED FIFTY-NINE THOUSAND, THREE HUNDRED FORTY DOLLARS AND ZERO CENTS ($59,340.00), 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 Utilities Director Curt Bauers.
Utilities Director Curt Bauers requested to award a minor repair and replacement project at the Greensand Water Treatment Plant. The project will replace the effluent flow control valves and associated actuators for each of the four Greensands filter beds. The existing valves were specified in the original design of the plant sixteen years ago, but they fail frequently, are expensive and difficult to find. When a valve failure occurs, the filter bed will be inoperable for up to a month or longer. This is problematic during periods of high demand. An improved model for these valves and the associated actuator is now being manufactured and comes highly recommended. Staff is requesting an upgrade to this version for reliability. Bids for this project were received in February from three firms. The lowest most responsible and responsive bidder was Glacier Construction Company. The actuators had an eight to ten week lead-time, so they have been ordered. The remaining request is an award of $59,340.00 to Glacier Construction to purchase the four butterfly valves, an extra actuator and installation. This should be operational by the time the Greensand Filter Plant needs to start functioning in mid-May. Director Bauers answered questions from Council regarding:
• The sand being green.
Motion by Councilmember Wallin, seconded by Councilmember Pollack, to approve Resolution 2018-27 acting by and through its Water Activity Enterprise, accepting the proposal of Glacier Construction Company, Inc., and awarding the contract for the Greensand Filter Effluent Line Valve Replacement Project to Glacier Construction Company, Inc., in an amount not to exceed $59,340.00, 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: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca,
Councilmember Blackhurst, Councilmember Humbert, Councilmember
Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember
Wallin
12. GENERAL BUSINESS
A. City Council Briefings
Administrative Services
13. REPORTS
A. By the Mayor
Mayor Kreutzer attended the E-470 meeting, was a judge for the Night of Stars Talent Show, attended the new Postmaster Swearing in Ceremony, and the Colorado State DECA Conference. The Building an Inclusive Community event will take place at the Armory on March 17, 2018.
B. By Department Heads
C. By the City Attorney
D. By the City Manager
14. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Mayor Pro Tem Edwards attended the Airport Coordinating Committee, the E-470 annual retreat, the BHS Cajun Boil fundraiser and the EVAC Spaghetti Luncheon fundraiser.
Councilmember Baca attended the County public hearing process for transportation with DRCOG and CDOT.
Councilmember Humbert read to students for Read Across America Day and toured Windmill Ranch. Music Week in Brighton will take place at the Armory and the Equity Conference will take place at the Armory.
Councilmember Blackhurst attended the Link Board meeting, the Legacy Foundation meeting, the Youth Commission meeting, read to students for Read Across America Day, and was a judge for the Night of Stars Talent Show.
Councilmember Mills attended the BURA meeting, the BHS Cajun Boil fundraiser, the Ralston House groundbreaking, county public hearing process for transportation with DRCOG and CDOT and will attend the Youth Image Summit on Friday.
15. EXECUTIVE SESSION
16. ADJOURNMENT
Motion by Councilmember Humbert, seconded by Councilmember Baca, to adjourn at 10:04 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
_____________________________
Kenneth J. Kreutzer, Mayor
ATTEST:
______________________________
Natalie Hoel, City Clerk
______________________________
Approval Date