City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, July 17, 2018
7:00 PM
Amended
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 7:13 p.m.
A. Pledge of Allegiance to the American Flag
Mayor Kreutzer led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
Not Present: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
2. APPROVAL OF REGULAR AGENDA
Motion by Councilmember Wallin, seconded by Councilmember Blackhurst, to approve the Regular Agenda as presented. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
3. CONSENT AGENDA
A. Approval of the June 5, 2018 City Council Minutes
B. Approval of the June 26, 2018 City Council Minutes
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING MICHAEL RICHARDSON AS AN ECONOMIC DEVELOPMENT BOARD MEMBER OF THE LODGING TAX ADVISORY COMMITTEE TO FILL AN UNEXPIRED TERM TO DECEMBER, 2020
Resolution No: 2018-75
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING STEPHANIE BROWN AS A WARD 1 MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD WITH A TERM TO JANUARY, 2023
Resolution No: 2018-76
E. A RESOLUTION OF THE CITY COUNCIL OF BRIGHTON, COLORADO FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION, AND SETTING A PUBLIC HEARING FOR AUGUST 21, 2018, TO DETERMINE IF THE PROPOSED APPROXIMATE 9.040 ACRE PARCEL, TO BE KNOWN AS THE NEFF II ANNEXATION, COMPLIES WITH STATUTORY REQUIREMENTS FOR SUCH ANNEXATION
Resolution No: 2018-77
F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO ADAMS COUNTY OPEN SPACE IN THE AMOUNT OF FOUR HUNDRED TWENTY THOUSAND FOUR HUNDRED TWENTY FIVE DOLLARS ($420,425.00), FOR THE “COLORADO PARK ENHANCEMENT PROJECT”; AND AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE GRANT APPLICATION
Resolution No: 2018-78
G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO ADAMS COUNTY OPEN SPACE IN THE AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000.00), FOR THE HIGH SCHOOL SENIORS BEAUTIFICATION PROJECT AT BRIGHTON SPORTS COMPLEX; AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT APPLICATION
Resolution No: 2018-79
H. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO ADAMS COUNTY OPEN SPACE IN THE AMOUNT OF SEVENTY THOUSAND DOLLARS ($70,000.00), FOR THE “BRIGHTON PARKS, RECREATION, TRAILS AND OPEN SPACE MASTER PLAN” PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT APPLICATION
Resolution No: 2018-80
Motion by Councilmember Mills, seconded by Councilmember Humbert, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
4. CEREMONIES
A. Swear in Board and Commission Members
City Clerk Natalie Hoel swore in Stephanie Brown and Michael Richardson for their boards and commissions.
B. Recognition of the Brighton High School Special Olympics Unified Soccer Team
Head Coach Paula Hogg spoke about the team and their accomplishments leading up to winning the silver medal.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
Jose Gonzales, 7752 Shoshone Street, Denver, Colorado. Mr. Gonzales presented a plaque to City Council on behalf of the Vietnam Veterans of America, Chapter 1071 for the development and implementation of the Vietnam Veterans Memorial.
Elias Huerta expressed his appreciation for City Council for their help with the Vietnam Veterans Memorial. This will stand in memory for those that did not make it back.
Matthew Mooney, 472 Sunshine Way, Brighton. Mr. Mooney asked for help to bring a Farmers Market to a park in the City of Brighton.
6. PUBLIC HEARINGS
A. AN ORDINANCE OF THE CITY OF BRIGHTON CITY COUNCIL APPROVING THE DESIGNATION OF THE FOLEY FARMSTEAD BARN AS A LOCAL HISTORIC LANDMARK; SETTING FORTH CERTAIN FINDINGS IN SUPPORT OF SAID DESIGNATION; AUTHORIZING THE INCLUSION OF THE PROPERTY IN THE BRIGHTON REGISTER OF LOCALLY AND DESIGNATED HISTORIC LANDMARKS AND DISTRICTS; INSTRUCTING THE CITY MANAGER OR HIS DESIGNEE TO NOTIFY THE OWNER OF THE PROPERTY OF ITS OBLIGATIONS AND RESTRICTIONS ASSOCIATED WITH THE DESIGNATION; AND SETTING FORTH OTHER DETAILS RELATED THERETO (FIRST READING)
Mayor Kreutzer read the title of the Ordinance into the record.
Mayor Kreutzer opened the public hearing at 7:35 p.m. and City Clerk Natalie Hoel verified the required postings and publications (June 27, 2018 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Philip Rodriguez introduced Long Range Planner Aja Tibbs.
Long Range Planner Aja Tibbs presented the Foley Farmstead Barn. The barn will be located in the neighborhood park for the Village at Southgate subdivision. The barn is a cherished and well recognizable structure in the City. The Historic Preservation Commission seeks to preserve this local landmark. This farm would not have been preserved without the partnership between the developer and the City.
The request comes from the owner and applicant ARCUS Southgate LLC, Kip Gilleland is representing the organization. The request is to review a nomination petition for the designation and make a determination at first reading of the Ordinance. The property is located on the south side of Brighton south of 120th Avenue. The barn has been relocated to Lot 15 Block 7 of the Village at Southgate Brighton subdivision; this location is within the community park.
The property was annexed and zoned into the City as part of the Fuller Estates East PUD plan in 1988 and remained undeveloped. CDOT did some work on 120th Avenue and surveyed the farmstead at that time in 1994. In preliminary conversations and applications with the City, staff asked that the property be reevaluated; this was done in 2010. Activity on the property began when the developer presented for Village at Southgate. The PUD amendment was submitted and negotiations began for the Final Plat and Development Agreement regarding the value of this structure. The City hired a consultant to complete a structural assessment of the barn to determine if it could be relocated. A preservation plan for the barn began through the Development Agreement process. The final development plan was completed and work has been done to determine how the barn will look in the park. The application is in the permitting process at this time. As the property was demolished, some archeological work was done to document the site. Per the agreements, the remaining structures were allowed to be demolished. The Foley Farm Barn is now being preserved and prepared for rehabilitation into a community facility.
In determining the historical significance of the barn staff found that the barn comes from Oran and Rosa Foley. They moved to Brighton in 1891 and Mr. Foley was employed by Emmet Bromley for sixteen years. During that time, Mr. Foley also leased his own land. Mr. and Mrs. Foley had a large family with seven children. In 1917, Mr. Foley purchased this eighty-acre parcel, the same year America entered WWI. All four of Mr. Foley’s sons served in the war. Mr. Foley purchased this property and built all of the structures while his sons were in and out of the war. Staff believes that the Foley Farm site complex consisted of thirteen structures and the area was farmed by the Foley family for over four decades. Oran Foley passed in 1961 when he was ninety-three years old. The property was sold for redevelopment in 2004, but a survey of the property was not done until 2010. The barn relocation and demolition of the remaining structures occurred in 2017. The main house was demolished prior to staff surveying the property. The prominence of the barn along 120th Avenue is what made it a landmark for so many people in the City of Brighton. The silo has been deconstructed and the developer will use the clay blocks in the construction of the restroom if they are able.
A sign was posted on the property not less than fifteen days prior to the public hearing and a notice was published in the newspaper. The Historic Preservation Commission reviewed this application at their public hearing on June 14, 2018. Public comment was received, one in favor and none against the application. There was a unanimous recommendation made by the Historic Preservation Commission for approval by City Council.
Regarding the review criteria, all nominations must be compared with Section 17-52-30 of the Brighton Municipal Code. Staff and the Historic Preservation Commission found that the application qualifies for two of the three categories. Significance was found in the Social and Historic Category and the Geographic and Environmental Category. Staff finds that the building meets the criteria set forth for the nomination of historic landmark as a local landmark. Specific criteria has to be set to determine what has to be protected and preserved. The exterior appearance of the building including the roof materials and openings such as doors and windows. This is important in maintaining the building as a recognizable form and keeping it as an icon for the community.
Mayor Kreutzer asked if the applicant would like to add anything to the presentation, he did not.
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 Humbert reported that his wife, a former member of the Historic Preservation Commission, was thrilled that the barn had been preserved.
Councilmember Blackhurst asked who the responsible party would be regarding the restoration and maintenance of the barn. Planner Tibbs explained that the Metro District and owner would maintain the property. Councilmember Blackhurst asked if the barn would be open to the public. Planner Tibbs explained that the Metro District would determine if they want to have it open to the public.
Mayor Kreutzer closed the public hearing at 7:54 p.m.
Motion by Councilmember Wallin, seconded by Councilmember Mills, to approve the Ordinance approving the designation of the Foley Farmstead Barn as a Local Historic Landmark; setting forth certain findings in support of said designation; authorizing the inclusion of the property in the Brighton Register of Locally and Designated Historic Landmarks and Districts; instructing the City Manager or his designee to notify the owner of the property of its obligations and restrictions associated with the designation; and setting forth other details related thereto. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
7. ORDINANCES FOR INITIAL CONSIDERATION
8. ORDINANCES FOR FINAL CONSIDERATION
9. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF JALISCO INTERNATIONAL, INC. AND AWARDING THE CONTRACT FOR THE I-76 AND BROMLEY ROUNDABOUT IMPROVEMENTS PROJECT, PROJECT# 90750, IN AN AMOUNT NOT TO EXCEED NINE HUNDRED NINETY NINE THOUSAND SIX HUNDRED THIRTY TWO DOLLARS AND NINETY SIX CENTS ($999,632.96), 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 Public Works Director Mike Woodruff and Public Works Engineer Christopher Montoya.
Public Works Director Mike Woodruff requested approval of a solicitation for the improvements at I-76 and Bromley Lane. These improvements will improve capacity at the roundabout. This is needed due to a degradation of level of service in the area. An additional lane will be added to increase level of service and increase capacity at this intersection. Formal bids were received on May 17, 2018 by seven bidders. The engineered estimated on the project is $1,217,000.00 and was included in the 2018 budget. The low bid came from Jalisco International at $999,632.96. Staff recommends approval of the contract for this bid.
Public Works Engineer Christopher Montoya outlined the current issues with the roundabout. The improvements include two main areas, the roundabout and changes to the I-76 west ramp. The existing traffic island will be revised allowing traffic to move to the east, the lane will divert to the right so there will be three lanes instead of the existing two lanes. One lane continues through the roundabout to the east. The improvements to the interstate system will add and continue a lane all the way to the interstate. This will allow those in that lane to continue directly to the interstate, this will help with the level of service in the area and reduce congestion. Staff will work with CDOT to complete this work. The key factors associated with this project include traffic capacity, increase in traffic volume, residential growth development, maintenance and the I-76 and Bridge Street Study. The study indicated that the level of services needed to be improved in this area. Engineer Montoya and Director Woodruff answered questions from Council regarding:
• The start date for the project.
• Available grants to help fund the project.
• The improvements helping with the truck and trailer traffic in the area.
• The second lane given the opportunity to merge onto the ramp to I-76.
• Any improvements planned for the sidewalk at the roundabout.
Motion by Councilmember Baca, seconded by Councilmember Mills, to approve Resolution 2018-81 accepting the bid of Jalisco International, Inc. and awarding the contract for the I-76 and Bromley Roundabout Improvements Project, Project #90750, in an amount not to exceed $999,632.96, 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: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF BVB GENERAL CONTRACTORS LLC AND AWARDING THE CONTRACT FOR THE SISTER CITIES PARK RESTROOM PROJECT #99928, IN AN AMOUNT NOT TO EXCEED SEVENTY FIVE THOUSAND THREE HUNDRED TWENTY THREE DOLLARS ($75,323.00) TO BVB GENERAL CONTRACTORS LLC 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 Assistant Director of Parks and Recreation Mark Heidt.
Assistant Director of Parks and Recreation Mark Heidt presented the Sister Cities Park Restroom project. This park has never had a restroom. The need exists for sports teams, City events and general users of the park. Two formal bids were received for the project and the lowest most responsive and responsible bidder was BVB General Contractors, LLC. BVB is in good standing with the State of Colorado. The funding was included in the 2018 budget and the bid from BVB is within the budgeted amount. Staff recommends awarding the bid to BVB General Contractors for $75,323.00. Assistant Director Heidt answered questions from Council regarding:
• This being a low water use restroom.
• The restroom only being open during specific hours.
• The ability to have a sharps disposal in the parks restrooms.
• The start date for the project.
• The location of the restroom at the park.
• This being a one-stall restroom.
Motion by Councilmember Humbert, seconded by Councilmember Baca, to approve Resolution 2018-82 accepting the bid of BVB General Contractors LLC and awarding the contract for the Sister Cities Park Restroom Project #99928, in an amount not to exceed $75,323.00 to BVB General Contractors LLC 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: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF PAONIA, INC., AND AWARDING THE CONTRACT FOR THE FIBER INSTALLATION PROJECT #99918, 93150, AND 93102 IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED SEVEN THOUSAND EIGHTY FIVE DOLLARS AND TWENTY CENTS ($707,085.20) TO PAONIA, INC. 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 Interim IT Director Curtis Pollock.
Interim IT Director Curtis Pollock presented the Fiber Installation project. The City went out to bid one project with fiber installation with nine alternate bids. Staff wanted to be sure to complete one project and were unsure what to budget for the other nine projects. The first bid would enter the City into an agreement with Adams County. The City currently uses a lot of their fiber and the agreement would give the City a secure position in the use of Adams County’s fiber. The bids came back better than expected so the City will be able to complete all ten projects. Six firms submitted bids and the lowest bidder was Paonia, Inc. for a total cost of $707,085.20. The Utilities Department will pay for six of the projects for $363,719.70 and the IT department will pay for the remaining projects for $343,365.50. Interim Director Pollock explained the need for the projects and their locations. The fiber installation will provide better service for the City, ADCOM 911, Adams County, Beebe Well, the water distribution system, the Sports Complex, emergency sirens and several City facilities. Interim Director Pollock answered questions from Council regarding:
• The installed fiber providing other services than the wells.
• The installed fiber connecting to the existing system.
Motion by Councilmember Humbert, seconded by Councilmember Wallin, to approve Resolution 2018-83 accepting the bid of Paonia, Inc., and awarding the contract for the Fiber Installation Project #99918, 93150, and 93102 in an amount not to exceed $707,085.20 to Paonia, Inc. 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: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF VANCE BROTHERS, INC., AND AWARDING THE CONTRACT FOR THE PARKING LOT MAINTENANCE PROJECTS #91405, 94910, 91230, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY THOUSAND NINE HUNDRED TWELVE DOLLARS AND TWENTY CENTS ($140,912.20) TO VANCE BROTHERS, INC. 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 General Services Director Karen Borkowski Surine.
General Services Director Karen Borkowski Surine explained that this maintenance project would include the Eagle View Adult Center, City Hall and the Police Department parking lots. The parking lots are aging; routine maintenance is needed to include crack seal, slurry seal, and new striping. The project was included in the 2018 budget. The formal RFP process was followed and one bid was received from Vance Brothers for $140,912.20. Staff recommends approval of the bid. Director Borkowski Surine and City Manager Rodriguez answered questions from Council regarding:
• The upgrades adding capacity to the parking lot.
• The process for the project being a Request for Proposal or a Bid that included design work.
Motion by Councilmember Blackhurst, seconded by Councilmember Baca, to approve Resolution 2018-84 accepting the bid of Vance Brothers, Inc., and awarding the contract for the Parking Lot Maintenance Projects #91405, 94910, 91230, in an amount not to exceed $140,912.20 to Vance Brothers, Inc. 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: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF NORTH WEST ROOFING, AND AWARDING THE CONTRACT FOR THE ROOF REPLACEMENT FOR TWO CITY BUILDINGS PROJECT #92352, IN AN AMOUNT NOT TO EXCEED NINETY FIVE THOUSAND TWO HUNDRED DOLLARS ($95,200.00) TO NORTH WEST ROOFING 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 General Services Director Karen Borkowski Surine.
General Services Director Karen Borkowski Surine reported that the roofs at the Wastewater Treatment Facility and Main Street Creatives have extended their life expectancy. They lack adequate insulation, leak and are not reliable during storm events. These damages are not due to the recent hailstorm. The new material will be a thermoplastic roof with a thirty-five year life. A new HVAC system is ready to install at the Wastewater Treatment Facility after the new roof is installed. Funding was approved in the Energy Performance Contract Projects Phase II budget. The RFP process was complied with and six bids were submitted. Those proposals were reviewed and reference checks were completed. Staff recommends approval of the bid for North West Roofing, the lowest and most responsive bid for $95,200.00. Director Borkowski Surine and City Manager Rodriguez answered questions from Council regarding:
• The recent storm delaying the start of the project.
• The start date for the project.
• The bid being for the metal and flat roofs at Main Street Creatives.
• The cost of the old building roof at Main Street Creatives.
• A portion of the funding coming from the Utilities Department.
Motion by Councilmember Blackhurst, seconded by Councilmember Humbert, to approve Resolution 2018-85 accepting the bid of North West Roofing, and awarding the contract for the Roof Replacement for Two City Buildings Project #92352, in an amount not to exceed $95,200.00 to North West Roofing 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: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING JACK D. BAJOREK AS THE CITY ATTORNEY, SETTING FORTH THE TERMS OF HIS APPOINTMENT, AND ESTABLISHING OTHER DETAILS RELATED THERETO
Mayor Kreutzer read the title of the Resolution into the record.
Mayor Kreutzer explained that the City Council worked with Peckham and McKinney to lead the recruitment process to hire a new City Attorney. The terms of the agreement with Mr. Jack Bajorek are included in the packet. Mayor Kreutzer answered questions regarding:
• Mr. Bajorek agreeing to the terms in the agreement.
Motion by Councilmember Baca, seconded by Councilmember Humbert, to approve Resolution 2018-86 appointing Jack D. Bajorek as the City Attorney, setting forth the terms of his appointment, and establishing other details related thereto. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
10. 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 BID OF STEELOCK GENERAL FENCE CONTRACTOR AND AWARDING THE CONTRACT FOR THE UTILITIES INFRASTRUCTURE FENCING PROJECT TO STEELOCK GENERAL FENCE CONTRACTOR IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED NINETY-FOUR THOUSAND, SIX HUNDRED DOLLARS ($794,600.00) 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 presented the Utilities Infrastructure Fencing Project. This project will provide significant security fencing for critical infrastructure at four separate locations, the South Storage Tank site, the RO Greensands Water Treatment Facility, the Ken Mitchell Reservoir Complex and the Midland Diversion Structure Site. The existing fencing at these sites is either non-existent or has proven to be ineffective. This has resulted in periodic theft and vandalism. The proposed fencing has proven effective and is recommended by the American Water Works Association, the American Society of Civil Engineers, and the Department of Homeland Security specifically for enhanced security of water treatment and storage facilities. The fencing is the Ameristar Montage II with a mow strip. This is the same fencing style previously chosen to protect the well site in front of City Hall. The bid included property surveys, demolition of the existing fence and the revegetation of any disturbed areas. The South Storage Tank site contains the 8.3 million gallon tank, the elevated tank and a third smaller storage tank, the current fencing does not include space for future needs. It is important to improve the security while aligning the new fence in a more permanently appropriate location. This will require just over ¾ of a mile of fencing. The Greensand Treatment Plant site will require removal of an existing fence out to the property line to the east; it makes sense to reinstall the fencing with the more permanent style. There has been some vandalism and theft at the Ken Mitchell Storage Complex. There are three facilities that need to be isolated and secured and this project will require ¼ mile of fencing. The Midland Diversion site includes two pieces of fencing that is being proposed. One will restrict access to critical controls for flow through the structure and the larger area will restrict public access from an area of potentially dangerous flow rates. Bids for the projects were received on June 5, 2018 from two contractors. The lowest and most responsive bid was from Steelock General Fence Contractor for $794,600.00 for all four sites. The project was budgeted in the 2018 Water Activity Enterprise Fund. There is a slight savings for doing all four projects under one contract. Staff feels the Montage fencing is the correct choice; it will last for decades virtually maintenance free and is highly endorsed by security experts. Staff is requesting award of the contract for $794,600.00 to cover 6,215 lineal feet of fencing. Director Bauers answered questions from Council regarding:
• The need for additional fencing in other areas in the future.
Motion by Councilmember Wallin, seconded by Councilmember Mills, to approve Resolution 2018-87 acting by and through its Water Activity Enterprise, accepting the bid of Steelock General Fence Contractor and awarding the contract for the Utilities Infrastructure Fencing Project to Steelock General Fence Contractor in an amount not to exceed $794,600.00 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: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
11. GENERAL BUSINESS
A. Schedule a Special City Council Meeting on July 24, 2018 at 6:00 p.m. to include
approval of the following: Front Range Community College 50th Anniversary Proclamation and Schedule a Special Study Session on July 31, 2018 at 6:00 p.m.
Motion by Councilmember Mills, seconded by Councilmember Blackhurst, to schedule a Special City Council Meeting on July 24, 2018 at 6:00 p.m. to include approval of the following: Front Range Community College 50th Anniversary Proclamation and Schedule a Special Study Session on July 31, 2018 at 6:00 p.m. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
B. Discussion regarding Adams County’s litigation against Denver to resolve ongoing noise violations at DIA in violation of applicable Intergovernmental Agreements and direction from Council on whether the City of Brighton will join the litigation as a party
City Manager Rodriguez explained that the City has been working with its regional partners to try to mitigate these issues with the City and County of Denver for some time. Adams County has moved forward with litigation feeling that all other options had been exhausted. Staff recommends that City Council consider joining the litigation against Denver. There are legal funds that can be utilized on a collective basis in the region; this will not primarily be coming from the City’s revenue sources.
Mayor Kreutzer explained that negotiations could continue with Denver even after the litigation starts. Mayor Kreutzer believes that Council owes it to the citizens for the agreement that was signed in the 1980’s to be protected from noise mitigation.
Motion by Councilmember Baca, seconded by Councilmember Humbert, to authorize the City to participate as a party in the pending litigation initiated by Adams County against Denver regarding ongoing noise violations at Denver International Airport in violation of applicable Intergovernmental Agreements. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
12. REPORTS
A. By the Mayor
Mayor Kreutzer made a presentation with City Manager Rodriguez and Executive Director of BURA Ryan Johnson for a $700,000.00 DOLA grant for the Depot property. Mayor Kreutzer attended a meeting with Adams County Mayors and the 4th of July celebration.
B. By Department Heads
Public Works Director Michael Woodruff updated City Council regarding the Vision Zero Program with School District 27J.
C. By the City Attorney
D. By the City Manager
City Manager Philip Rodriguez clarified the questions that were brought up by City Council during the presentation of Item 9D regarding the procurement process.
13. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Mills reported that the Downtown Parklet will open on Friday, and the City BBQ is next week.
Councilmember Blackhurst reported that the Youth Commission is working on an application to be involved in the NLC Conference in Los Angeles in November.
Councilmember Wallin attended the CML Retreat and reported that the Eye for Art submittals are due August 6th.
Councilmember Baca attended the DRCOG and NATA meetings.
Councilmember Humbert attended the pre-bid meeting for the Depot and Barr Lake Appreciation Day.
14. EXECUTIVE SESSION
Motion by Councilmember Wallin, seconded by Councilmember Blackhurst, to go into Executive Session at 9:30 p.m. for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding Farmland Acquisitions. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
Mayor Kreutzer reconvened the meeting at 9:51 p.m.
15. ADJOURNMENT
Motion by Councilmember Humbert, seconded by Councilmember Pollack, to adjourn at 9:52
p.m. Motion passed by the following vote:
Aye: 7 - Mayor Kreutzer, Councilmember Baca, Councilmember Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 2 - Mayor Pro Tem Edwards, and Councilmember Johnston
CITY OF BRIGHTON, COLORADO
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Kenneth J. Kreutzer, Mayor
ATTEST:
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Natalie Hoel, City Clerk
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Approval Date