City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, December 17, 2019
7:00 PM
Council Chambers
City Council
MAYOR - GREGORY MILLS
MAYOR PRO-TEM - JW EDWARDS
COUNCIL MEMBERS:
LYNN BACA, CLINT BLACKHURST, MARK HUMBERT,
MATT JOHNSTON, MARY ELLEN POLLACK,
KIRBY WALLIN
1. CALL TO ORDER
Mayor Pro Tem Edwards called the meeting to order at 7:00 p.m.
A. Pledge of Allegiance to the American Flag
Mayor Pro Tem Edwards led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills, and Councilmember Pollack
Not Present: 1 - Councilmember Wallin
2. APPROVAL OF REGULAR AGENDA
Acting City Manager Marv Falconburg asked that Item 9G be removed from the Agenda and reported that City Attorney Jack Bajorek will administer the Oath of Office for the Mayor.
Motion by Councilmember Humbert, seconded by Councilmember Blackhurst, to approve the Regular Agenda as amended. Motion passed by the following vote:
Aye: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills, and
Councilmember Pollack
Absent: 1 - Councilmember Wallin
3. CONSENT AGENDA
A. Approval of the November 12, 2019 City Council Minutes
B. Approval of the November 13, 2019 City Council Minutes - First Meeting
C. Approval of the November 13, 2019 City Council Minutes - Second Meeting
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, RE-APPOINTING ADAM M. GOLLIN AS THE PROSECUTING ATTORNEY AND SETTING COMPENSATION
Resolution No: 2019-128
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS, ON BEHALF OF THE DOUGLAS COUNTY SHERIFF’S OFFICE AND THE BRIGHTON POLICE DEPARTMENT REGARDING THE SOTAR SEX OFFENDER PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID IGA ON BEHALF OF THE CITY
Resolution No: 2019-129
F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, REAPPOINTING DOUG LAMBERT AS A MEMBER OF THE BRIGHTON HOUSING AUTHORITY WITH A TERM TO NOVEMBER 2024
Resolution No: 2019-130
G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AUTHORIZING A MINI-GRANT AGREEMENT WITH ADAMS COUNTY IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000.00) FOR THE HIGH SCHOOL SENIORS BEAUTIFICATION PROJECT AT COLORADO PARK; AUTHORIZING THE CITY’S MATCHING OBLIGATION OF FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500.00); AND AUTHORIZING THE ACTING CITY MANAGER TO SIGN AND EXECUTE THE AGREEMENT
Resolution No: 2019-131
H. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AUTHORIZING THE GRANT AGREEMENT WITH ADAMS COUNTY OR GRANT FUNDING IN THE AMOUNT NOT TO EXCEED THREE HUNDRED TWENTY TWO THOUSAND THREE HUNDRED FIFTY EIGHT DOLLARS ($322,358.00) FOR THE SPEER CANAL TRAIL PROJECT; AUTHORIZING THE CITY’S MATCHING OBLIGATION OF TWO HUNDRED TWENTY THOUSAND DOLLARS ($220,000.00); A PARTNER MATCH FROM BROOKFIELD RESIDENTIAL OF ONE HUNDRED TWO THOUSAND THREE HUNDRED FIFTY SEVEN DOLLARS ($102,357.00); AND AUTHORIZING THE ACTING CITY MANAGER TO SIGN AND EXECUTE THE GRANT AGREEMENT
Resolution No: 2019-132
I. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AUTHORIZING THE GRANT AGREEMENT WITH ADAMS COUNTY FOR GRANT FUNDING IN THE AMOUNT NOT TO EXCEED ONE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($1,750,000.00) FOR THE MORIMITSU FARM ACQUISITION; AUTHORIZING THE CITY’S MATCHING OBLIGATION OF ONE MILLION TWO HUNDRED THIRTY NINE THOUSAND DOLLARS ($1,239,000.00); A PARTNER MATCH FROM GREAT OUTDOORS COLORADO (GOCO) OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00); AND AUTHORIZING THE ACTING CITY MANAGER TO SIGN AND EXECUTE THE GRANT AGREEMENT
Resolution No: 2019-133
J. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BRIGHTON, COLORADO, AND THE HOUSING AUTHORITY OF THE CITY OF BRIGHTON TO EXTEND THE AGREEMENT FOR A ONE-YEAR TERM, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT
Resolution No: 2019-134
K. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING A SETTLEMENT, RELEASE AND WAIVER OF CLAIMS AGREEMENT BETWEEN CURTIS BAUERS AND THE CITY OF BRIGHTON AND AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE SUCH DOCUMENTS NECESSARY TO CONSUMMATE AND FINALIZE SAID SETTLEMENT ON BEHALF OF THE CITY
Resolution No: 2019-135
Motion by Councilmember Blackhurst, seconded by Councilmember Humbert, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
4. CEREMONIES
A. Swearing In of New Board and Commission Members
City Clerk Natalie Hoel swore in the new Board and Commission Member.
B. United Power Appreciation Day Proclamation
Mayor Pro Tem Edwards read the Proclamation into the record and presented it to representatives from United Power.
Motion by Councilmember Baca, seconded by Councilmember Johnston, to approve the Proclamation. Motion passed by the following vote:
Aye: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills, and
Councilmember Pollack
Absent: 1 - Councilmember Wallin
C. Festival of Lights Recognition
Events and Downtown Initiative Manager Gary Montoya updated City Council on the 24th Festival of Lights.
D. Swearing In of Mayor Gregory Mills by City Attorney Jack Bajorek
City Attorney Jack Bajorek swore in Gregory Mills as Mayor.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
Peter Padilla, Brighton. Mr. Padilla asked City Council to listen to the people and have a special election for the Ward 2 vacancy.
Michael Boutwell, Brighton. Mr. Boutwell asked for transparency and would like to have a special election in Ward 2 to fill the vacancy.
Chris Maslanik, Brighton. Mr. Maslanik expressed concern regarding an email he received regarding background checks being required for Board and Commission members, when this policy was implemented and the people that would be able to see the results.
6. PUBLIC HEARINGS
7. ORDINANCES FOR INITIAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING CERTAIN SECTIONS OF TITLE 3 AND TITLE 5 OF THE BRIGHTON MUNICIPAL CODE PERTAINING TO LICENSES, REPORTING PERIODS, AND INFREQUENT SALES AT RESIDENCES
Mayor Mills read the title of the Ordinance into the record.
Acting City Manager Marv Falconburg introduced Finance Director Maria Ostrom.
Finance Director Maria Ostrom explained that this Ordinance would change Chapter 3, Tax Code and Chapter 5, Licensing Code of the Brighton Municipal Code to streamline the process to combine sales tax licenses and business licenses into one license. This would also clarify reporting frequencies to allow smaller taxpayers to file annually. Director Ostrom answered questions from Council regarding:
• The ability for customers to file their sales tax annually.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Pollack, to approve the Ordinance. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
8. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON APPROVING THE ESCARCEGA PROPERTY ZONE CHANGE REQUEST FROM PLATTE RIVER RANCH PLANNED UNIT DEVELOPMENT (PUD) TO RURAL ESTATE (RE) FOR AN APPROXIMATELY 3.823 ACRE PROPERTY, GENERALLY LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO
Mayor Mills read the title of the Ordinance into the record.
Acting City Manager Falconburg explained that this is the final reading of the Ordinance and there have not been any changes since first reading.
Mayor Mills asked if there were any comments from the audience on the second reading of the Ordinance, there were none.
Motion by Councilmember Blackhurst, seconded by Councilmember Johnston, to approve Ordinance 2323. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING SECTION 3-40-170 OF THE BRIGHTON MUNICIPAL CODE REGARDING LODGING TAX ADVISORY COMMITTEE MEMBERSHIP
Mayor Mills read the title of the Ordinance into the record.
Acting City Manager Falconburg explained that this is the final reading of the Ordinance and there have not been any changes since first reading.
Mayor Mills asked if there were any comments from the audience on the second reading of the Ordinance, there were none.
Motion by Councilmember Humbert, seconded by Councilmember Johnston, to approve Ordinance 2324. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
9. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO SETTING FORTH CERTAIN FEES AND CHARGES ASSESSED BY THE CITY OF BRIGHTON, EFFECTIVE JANUARY 1, 2020
Mayor Mills read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Community Development Director Holly Prather and Long Range Planner Aja Tibbs.
Long Range Planner Aja Tibbs presented the update to the 2020 Fee Resolution so the fees would be consistent with the updated Land Use and Development Code procedures. The Land Use and Development Code was recently updated and will be effective January 1, 2020. The development applications do not align with the approved 2020 Fee Resolution. The request is to revise the 2020 Fee Resolution to be consistent with the updated Land Use and Development Code. The Changes include removing applications that no longer exist, renaming or adding new applications and adjusted fees for the new subdivision application process. Staff recommends approval of the Resolution.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to approve Resolution 2019-136. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF MUSCO SPORTS LIGHTING, LLC AND AWARDING THE CONTRACT FOR PARK LIGHTING IMPROVEMENTS, PROJECT #19-031, TO MUSCO SPORTS LIGHTING, LLC IN THE AMOUNT OF TWO HUNDRED SEVEN THOUSAND EIGHT HUNDRED DOLLARS ($207,800.00), AND AUTHORIZING THE ACTING CITY MANAGER TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor Mills read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Assistant Director of Parks and Recreation Mark Heidt.
Assistant Director of Parks and Recreation Mark Heidt presented the Park Lighting Improvements project for Ken Mitchell Park, Colorado Park and Donelson Park. City Council recommended that this project be formally bid at the October 15, 2019 meeting. Musco Sports Lighting, LLC was the only bid received on November 27, 2019. The bid met all of the formal requirements and Musco is part of the national bidding cooperative entitled Sourcewell Cooperative. Musco is in good standing with the State of Colorado, is the most responsive and responsible bidder and the bid is within the budgeted amount and can complete the installations in 2020. The project cost is $207,800 and was approved in the 2020 budget. The 2019 grant funding from two Adams County Open Space Grants for Ken Mitchell Park and Colorado Park was carried over to the 2020 budget. The lighting is LED, dark sky technology, has satellite link controls, and a 25-year warranty that covers materials and onsite labor. The project includes lighting at the new basketball courts at Ken Mitchell Park and Donelson Park and the tennis courts, basketball court and parking lot at Colorado Park. Staff recommends approval of the contract. Assistant Director Heidt, Parks and Recreation Director Gary Wardle and Acting City Manager Falconburg answered questions from Council regarding:
• The change in price since the item was last presented.
• Other vendors that met the specifications of the project.
• Musco being the only vendor that could meet the requirements.
• The parking lot changing location at Donelson Park.
• The streets being built prior to the parking lot being completed.
• The lights being controlled from a remote source.
• Staff having control over the lights.
• The time the lights are turned off at night.
• The lights being on when nobody is present.
• A number being available to call if there is a malfunction with the lights.
Motion by Councilmember Baca, seconded by Councilmember Pollack, to approve Resolution 2019-137. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND THE CITY OF BRIGHTON REGARDING URBAN AREA SECURITY INITIATIVE GRANT FUNDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
Mayor Mills read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Emergency Management Coordinator Stephanie Hackett.
Emergency Management Coordinator Stephanie Hackett presented the IGA between the City of Brighton and the City and County of Denver enabling the City to apply for Urban Area Security Initiative (UASI) grant funds in the future. There is not currently an agreement in place and the City has been working with Denver on a grant-by-grant basis. As a sub-grantee, the City works with Denver on individual pieces of equipment and individual grants. The City has been fortunate in the past to benefit from a number of different training and exercise opportunities and grant opportunities for equipment and look forward to working with the City and County of Denver and applying for grant funding in the future. The City and County of Denver does remain the fiscal agent for purchasing and procurements of goods, services and equipment and they coordinate all multi-jurisdictional projects and programs. The City’s responsibilities include participating in all UASI activities, training and exercise planning workshop and the threat hazard analysis process. The City also has to comply with any individual grant terms. UASI provides training for the City’s first responders and if there is an incident in the region, it is expected, within reason that the City does respond in regional response efforts. Regarding a question from last week, the provision in paragraph 22 is standard language and will not be removed from the IGA.
Motion by Councilmember Blackhurst, seconded by Councilmember Humbert, to approve Resolution 2019-138. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACKNOWLEDGING THE CERTIFIED ABSTRACT OF VOTES CAST FOR THE DECEMBER 3, 2019 SPECIAL RUN-OFF MUNICIPAL ELECTION FOR WARD 4
Mayor Mills read the title of the Resolution into the record.
Acting City Manager Falconburg introduced City Clerk Natalie Hoel
City Clerk Natalie Hoel presented the certified Abstract of Votes cast for the December 3, 2019 Ward 4 Run-off Election. The Canvass of Election was completed on December 13, 2019 with Mayor Pro Tem J.W. Edwards.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to approve Resolution 2019-139. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, CONFIRMING THE CITY OF BRIGHTON’S PARTICIPATION IN THE LINK PROGRAM IN CALENDAR YEAR 2020; APPROVING THE INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION AND FUNDING OF JUVENILE ASSESSMENT SERVICES BY THE LINK; AUTHORIZING THE MAYOR TO EXECUTE SAID IGA ON BEHALF OF THE CITY; AND APPOINTING THE CITY OF BRIGHTON’S REPRESENTATIVE TO THE LINK BOARD FOR CALENDAR YEAR 2020
Mayor Mills read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Chief of Police Paul Southard.
Chief of Police Paul Southard presented the renewal of the IGA for the Link program. The Link was established in 1999 as a non-profit, grant funded facility to assess and provide services for troubled youth. Services are available for those in the criminal justice system and truants and referrals can be made by law enforcement, municipal courts or schools. The facility is located in Thornton and is open 24/7. Each agency is assessed a fee and the City’s pro rata share is based on usage, which is 13% of the total usage of the facility resulting in an assessment of $59,795. This amount has been included in the 2020 budget.
Motion by Councilmember Johnston, seconded by Councilmember Blackhurst, to approve Resolution 2019-140. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE FIRST AMENDMENT TO THE PRAIRIE CENTER VILLAGE I, FILING NO. 1 DEVELOPMENT AGREEMENT FOR THE PRAIRIE CENTER VILLAGE I, FILING NO. 1 SUBDIVISION DESCRIBED AS A PORTION OF THE SOUTHWEST QUARTER OF SECTION 16 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 Mills read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Community Development Director Holly Prather and Senior Planner Lauren Simmons.
Community Development Director Holly Prather explained that Item 9F pertains to the Prairie Center Village I Subdivision Filing No. I Development Agreement. This item will move forward with a change to the Development Agreement. Item 9G will not be discussed and will be removed from the Agenda. There are two major residential subdivisions in Prairie Center at this time. The first is the Village V subdivision at the southeast corner of Eagle Boulevard and South 27th Avenue including the Elements and Avilla developments. This first residential subdivision plat was approved in 2015. That plat and subdivision agreement for Village V talked about a future dedication of the Lutz Reservoir and open space area consisting of fifty-three acres and is located west of South 27th Avenue and north of 136th Avenue. The draft Development Agreement for Item 9F references the Village V agreement, so the Development Agreement for 9F has to be amended to remove that language. The applicant and their attorney have agreed to remove Item 9G from the Agenda and have agreed to the language in the Development Agreement for item 9F.
Senior Planner Lauren Simmons presented the Prairie Center Development Agreement Amendment for Village I. The applicant is Prairie Center Metropolitan District No. 7 and GTK Brighton Residential Development represented by Mike Tamblyn. In 2017, the City approved the Final Plat for Village I of Prairie Center, which contains the Village at Prairie Center - a single-family detached subdivision. The terms of the Village I Development Agreement referenced the Village V pertaining to the dedication of the Lutz parcel and specified water dedications for each phase of Village I and Tract A. This Village I Agreement amendment proposal includes the water dedication for Village I residential lots, the water dedication for Village I Tract A pond and updating a reference to the Village V agreement. The applicant is proposing to phase the water dedication for phases 2, 3 and 4 from one dedication prior to the start of phase 2, to water dedication for each phase prior to the start of that phase. The initial agreement stated that phase 1 could move forward with a fee-in-lieu and phases 2, 3 and 4 would move forward with water dedication that would be due prior to the start of construction of phase 2. Phase 1 consists of 125 dwelling units, phase 2 consists of 63 dwelling units, phase 3 consists of 85 dwelling units and phase 4 consists of 97 dwelling units. The applicant is also proposing to revise the language regarding the water dedication for Tract A, which is a constructed stormwater pond located on the north end and is currently a native vegetated area that is currently not irrigated. The applicant is asking for that area’s water dedication to coincide with the future Village II development. The developer is asking that the dedication of the Lutz Parcel to the City be extended to June 30, 2021 unless further amendments are agreed to by the City regarding Village V in the future.
Staff finds that the proposed amendments are necessary to change the timing of the Lutz property, as the City is not ready to take on the maintenance or management of the property. The water dedication for the remaining phases is reasonable noting that the water dedication is not changing, just the timing of the dedication. The Tract A pond is an existing pond that is currently landscaped with native vegetation and not irrigated. Since the pond is on the northern side of Village I and it would be an improved feature with Village II, staff feels it is reasonable to have the water dedication at the time when the area would be landscaped and irrigated. The Comprehensive Plan calls for the continued support of Prairie Center as an urban center including the development of housing, commercial and other opportunities at a regional scale. Working with the applicant on these amendments helps the applicant to move forward with this project, and additional housing in this area supports additional retail opportunities in the area. Staff agrees with the proposed Agreement amendment as it is supported with the Comprehensive Plan and further supports the continued development of Prairie Center.
Thomas Kopf Director of Community Design for Matrix Design Group, Denver. Mr. Kopf feels this is a wonderful community and vision for Prairie Center. The project consisted of five villages, each anchored by a neighborhood park, connected by extensive open spaces to a central amenity feature.
Mike Tamblyn, Denver. Mr. Tamblyn is the Project Developer for THF Prairie Center and is requesting approval of the Village I Development Agreement Amendment. Mr. Tamblyn updated City Council on the recent growth at Prairie Center. This includes 200 million dollars in sales each year and residential growth including Elements, Avilla and 125 lots in Phase 1. This residential development has helped to create significant retail growth.
Mr. Kopf explained that they want to continue to build on the momentum at Prairie Center with retail and residential growth. This includes many amenities for residents to create a unique community character with reduced fence canyons, smaller villages anchored by neighborhood parks, water wise landscaping, and connected open spaces with native grasses, high quality architecture and a walkable community with a high quality of life. This is a development the City can be proud of.
Mr. Tamblyn explained that the phasing of the water would allow the developer to continue and finish developing the important corner of 27th Avenue and Eagle Boulevard, which is currently undeveloped. This would also help the current residents so they could have completed roads and the common areas would be completed to avoid a half finished looking community. This would allow Phase 2 to be completed. The amount of water for dedication for Phases 2, 3 and 4 is currently not available in the market. This request would phase the dedication of water in balance with the number of homes being built in any given phase. The amendment does not change the total amount of water being dedicated; the total water being dedicated would remain 145-acre feet. The developer would like to proceed with Phase 2 in 2020. The market has spoken and is demanding these additional Phase 2 lots. The developer would not be able to deliver any lots in 2020 and for several years if the phasing of water is not approved. Mr. Tamblyn feels this is a reasonable request and would like to continue to develop the Villages at Prairie Center community in a cohesive, thoughtful and well-planned manner. Working together can achieve the goals of the project, the City of Brighton and the newest residents.
Mr. Tamblyn, Mr. Kopf and Director Prather answered questions from Council regarding:
• Addressing the issue of moving forward with other phases if the water is not available now.
• The phased approach change the walkability to the nearby retail.
• This item coming back to City Council.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Baca, to approve Resolution 2019-141. Motion passed by the following vote:
Aye: 6 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, and Councilmember Johnston
No: 1 - Councilmember Pollack
Absent: 1 - Councilmember Wallin
G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE FIRST AMENDMENT TO THE PRAIRIE CENTER VILLAGE V, FILING NO. 1 DEVELOPMENT AGREEMENT FOR THE PRAIRIE CENTER VILLAGE V, FILING NO. 1 SUBDIVISION DESCRIBED AS PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 16 AND THE NORTHWEST QUARTER OF SECTION 21 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
This item was removed from the agenda.
Mayor Mills called for a break at 9:11 p.m.
Mayor Mills reconvened the meeting at 9:22 p.m.
10. UTILITIES BUSINESS ITEMS
Ordinances
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING SECTION 13-4-90 OF THE BRIGHTON MUNICIPAL CODE REGARDING THE ASSESSMENT OF WATER PLANT INVESTMENT FEES FOR MOBILE HOME PARKS (FIRST READING)
Mayor Mills read the title of the Ordinance into the record.
Acting City Manager Falconburg introduced Infrastructure Director Mike Woodruff and Project Engineer Matt Amidei.
Infrastructure Director Mike Woodruff explained that there are five Utilities items for consideration. The first Ordinance deals with the mobile home park change for investment fees and the other is to provide water service to accessory dwelling units. Three Resolutions are for 2020 CIP projects. Many of the projects being presented in 2020 will be multi-year projects.
Project Engineer Matt Amidei presented the Mobile Home Park Plant Investment Fee Code Amendment. The Brighton Mobile Home Park is located on the southwest corner of Jessup Street and Main Street with approximately twenty-five units on the property. The homes are connected to City sanitary service but use a well and RO Treatment Plant for their water service. Since 2012, there have been four enforceable actions on record. The property was sold and the new owner has approached the City wanting to connect to city water to remedy the issues they have had with their treatment plant. The Code states that a mobile home park would be charged on a per unit basis similar to a single-family development. The general way that a mobile home park is handled throughout the municipality is that they operate on a “master meter” for a single tap that would facilitate all of the units on the property. Staff feels the Code should be amended so everything past the meter would be maintained by the property owner. This is how Eastgate Mobile home Park is currently metered. As the code is written now, the City would be responsible for maintaining the main line and all 25 services to each unit. This development would still require water dedication and would go through the same process as other developers. Project Engineer Amidei, Acting City Manager Falconburg, Community Development Director Holly Prather and City Attorney Jack Bajorek answered questions from Council regarding:
• The Ordinance changing the way these taps are to be treated in the future.
• The ability for Council to see these changes later.
• The process to ensure lines from the meter to the homes are of quality.
• This process the same as a tap for a multi-family unit.
• The tap being sized off how the property is currently zoned.
• The tap being the same if the zoning changed to commercial.
• The reason the tap for water in Jacobs Run was previously denied.
• Ensuring that the cost of the tap is not being passed onto the residents in terms of raising rents.
• The responsibility of the City to provide safe, clean water at the tap for residents.
• Anything the City can do to help the residents with their living situation and require upgrades to the property.
• The ramifications if this item is not approved tonight.
• Any immediate health and safety issues.
• The date for construction if the item is approved tonight.
Motion by Councilmember Baca, seconded by Councilmember Blackhurst, to approve the Ordinance. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING VARIOUS SECTIONS OF CHAPTER 13 OF THE BRIGHTON MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS (ADU’S) (FIRST READING)
Mayor Mills read the title of the Ordinance into the record.
Acting City Manager Falconburg introduced Project Engineer Matt Amidei.
Project Engineer Matt Amidei presented the Code Amendment for an Accessory Dwelling Unit (ADU). An ADU is permitted as an accessory use to a primary residence. Regulations for an ADU are covered in the updated Land Use and Development Code. The amendment to the Code is to remove the definition of a Carriage Unit and replace it with the ADU. Staff will require that an engineering report is submitted and an engineer would ensure that the existing tap could accommodate the demand. If the tap could accommodate the demand, Utilities would allow them to use the existing water and sanitary tap. If the demand were too great, they would be required to upsize the existing tap or install a new one. If the ADU were serviced off the existing tap, the property could not be subdivided and sold.
Motion by Councilmember Johnston, seconded by Councilmember Humbert, to approve the Ordinance. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
Resolutions
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF ENGINEERING ANALYTICS INC. AND AWARDING THE CONTRACT FOR 124TH RESERVOIR RIP RAP DESIGN, PROJECT #19-035, TO ENGINEERING ANALYTICS INC. IN THE AMOUNT OF $52,659, AND AUTHORIZING THE CITY MANAGER TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor Mills read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Assistant Director of Utilities Brad Dallam.
Assistant Director of Utilities Brad Dallam explained that the reservoir at 124th Avenue and Highway 85 is in need of repair. The reservoir seeps water and suffers from erosion. TZA Water Engineers evaluated the condition of the reservoir and determined that the installation of a slurry wall would have the highest probability of success at a cost of 10 million dollars. The reservoir is not worth that amount. Staff is proposing to protect the banks with riprap to salvage as much of the reservoir as possible. Metro is installing a sewer line and will have to dewater to install the pipe. This would be a great savings to the City to have this work done by Metro. This project was schedule for 2021, but with the Metro Project and the savings to the City, staff is requesting that this project be done at this time. This would be a three-phase contract with the consulting firm. Phase 1 would include an engineering report that describes various alternatives with cost associated with each and a recommendation as to the preferred alternative. Phase 2 would include developing plans for construction that reflect the decision of the first phase. Phase 3 includes services during construction. A formal bid process was done and two bids were received. The proposal from Engineering Analytics, Inc. was determined to be the most responsive and responsible with a proposed price not to exceed $52,659. Staff recommends approval of the contract. Assistant Director Dallam, Utilities Engineer Roy Gallea, Finance Director Maria Ostrom, Infrastructure Director Michael Woodruff and City Attorney Bajorek answered questions from Council regarding:
• This project having been brought to City Council a few years ago.
• Council having approved the work at the reservoir at 124th Avenue and Highway 85.
• The use of the funds since the project was not completed.
• The actual cost of the project.
• The engineer report addressing the leaking issues.
• The work being done prior to the reservoir being emptied.
• The funds being budgeted and placed back in the water fund.
• The cost of the design being $53,000.
• Another entity completing the dewatering and saving the City $100,000.
• The contract amount being allowed to reach $200,000.
• The ability to amend the Resolution to reflect the amount of the contract.
• Council being notified that the project was not completed.
• The need to have the construction portion in the title of the Resolution.
Motion by Councilmember Blackhurst, seconded by Councilmember Pollack, to approve Resolution 2019-142 as amended. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF HALLMARK INC. AND AWARDING THE CONTRACT FOR CARMICHAEL PARK VAULT, PROJECT #19-034, TO HALLMARK INC. IN THE AMOUNT OF $107,605, AND AUTHORIZING THE CITY MANAGER TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor Mills read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Utilities Engineer Roy Gallea.
Utilities Engineer Roy Gallea presented the Carmichael Park Vault project. Carmichael Park is currently irrigated using non-potable water from the Fulton Ditch. A backflow preventer was installed when the park was built, however the backflow is not necessary when using raw water. Staff would remove the backflow preventer and install a flow meter in the same location to measure the parks usage. Construction would be completed before irrigation season. Safety measures will be taken by the contractor to ensure residents do not have access to potential hazards around the site. A formal bid process was done and three firms submitted bids. Hallmark Inc. was selected based on providing the lowest cost while remaining responsive and responsible with a bid of $107,605. This project would maintain accountability within the City’s irrigation system and provide data to reduce overwatering and promote water conservation.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to approve Resolution 2019-143 as amended. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF REDLINE PIPELINE LLC. AND AWARDING THE CONTRACT FOR BASELINE WATERLINE AND NORTH TANK DRAINAGE CONSTRUCTION PROJECT, PROJECT #19-037, TO REDLINE PIPELINE LLC. IN THE AMOUNT OF $3,382,417.00, AND AUTHORIZING THE CITY MANAGER TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor Mills read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Utilities Engineer Roy Gallea.
Utilities Engineer Roy Gallea presented the Baseline Waterline and North Tank Drainage Construction Project. The City has four pressure zones, low (west of 27th), mid (south of 136th), high (27th to Speer Canal), and reduced (east of Speer Canal). The low zone is fed by the two ground tanks, the high zone is served by the elevated tank, the mid zone is where the Thornton water comes in and the reduced zone will be used through pressure reducing valves. This project is in the low zone. There are two main transmission lines into that zone, a 24” line on Southern Street and a 12” line on Bridge Street. When a hydrant was flowed near Vestas, there was a twenty-pound jump three miles away in Indigo Trails, this is extremely rare and not how the system should act. Pressure tests show that the 24” line moves four times more water than the 12” line. This project would bring another 24” line from the north tank to 19th Avenue to create a second main transmission line so there is another way to get water to the zone if the Southern Street line goes out. When looking at the drainage pattern for the north tank it currently goes to a detention pond onsite, which then discharges to a roadside ditch and crosses over to the neighborhood to the north. This project would pick up the roadside ditch and run it down Baseline Road to the Brighton Lateral so the water can be safely discharged to a ditch and prevent potential flooding to the north neighborhood. The project would construct 8,300 ft. of 24” water line to complete a connection on Baseline Road (168th Avenue) between 19th Avenue and Tower Road. There would be 4,500 ft. of storm drain installed to facilitate drainage from the north tank. The 24” waterline on Baseline Road project would provide redundancy into the low zone, reduce water pressure fluctuations due to fire hydrant operations and reduce the number of waterline breaks due to water hammer. The benefits of the North Tank Drain Line would safely allow operations to drain the north tank to the Brighton Lateral, which would reduce the possibility of flooding to the neighborhood to the north. The installation would use an open trench method and traffic control would be critical for this project. A formal bid process was done with six firms submitting bids. Staff believes Redline Pipeline is the most responsive and responsible bidder with a bid amount of $3,382,427 and recommends approval of the bid. Utilities Engineer Gallea and Infrastructure Director Mike Woodruff answered questions from Council regarding:
• The length of time Baseline Road would be disrupted.
• The date for construction to begin.
• The ability to tie any other road projects to this project.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Blackhurst, to approve Resolution 2019-144 as amended. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
11. GENERAL BUSINESS
12. REPORTS
A. By the Mayor
Mayor Mills attended the Festival of Lights Parade.
B. By Department Heads
C. By the City Attorney
D. By the City Manager
Acting City Manager Falconburg reported that the budget books are available online.
13. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
14. EXECUTIVE SESSION
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to go into Executive Session at 11:00 p.m. 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. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to extend the meeting to 11:15 p.m. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Blackhurst, to extend the meeting to 11:30 p.m. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
Mayor Mills reconvened the meeting at 11:30 p.m.
15. ADJOURNMENT
Motion by Councilmember Baca, seconded by Mayor Pro Tem Edwards, to adjourn at 11:31 p.m. Motion passed by the following vote:
Aye: 7 - Mayor Mills, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Johnston, and Councilmember Pollack
Absent: 1 - Councilmember Wallin
CITY OF BRIGHTON, COLORADO
_____________________________
Gregory Mills, Mayor
ATTEST:
______________________________
Natalie Hoel, City Clerk
______________________________
Approval Date