City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, March 5, 2019
7:00 PM
Council Chambers
City Council
MAYOR - KENNETH J. KREUTZER
MAYOR PRO-TEM - JW EDWARDS
COUNCIL MEMBERS:
LYNN BACA, CLINT BLACKHURST, MARK HUMBERT,
MATT JOHNSTON, GREGORY MILLS, MARY ELLEN POLLACK,
KIRBY WALLIN
1. CALL TO ORDER
Mayor Kreutzer called the meeting to order at 7:01 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: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Not Present: 1 - Councilmember Blackhurst
2. APPROVAL OF REGULAR AGENDA
Motion by Councilmember Mills, seconded by Councilmember Wallin, to approve the Regular Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Humbert, Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Blackhurst
3. CONSENT AGENDA
A. Approval of the February 5, 2019 City Council Minutes
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING MICHELLE MILLER AS A NON-RESIDENT MEMBER OF THE BRIGHTON HOUSING AUTHORITY TO FILL AN UNEXPIRED TERM TO NOVEMBER 2020
Resolution No: 2019-27
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING CATHERINE JOHNSON AS A PROFESSIONAL MEMBER OF THE BRIGHTON HISTORIC PRESERVATION COMMISSION WITH A TERM TO JUNE 2023
Resolution No: 2019-28
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING AYAKA HAYASHI AS A YOUTH MEMBER TO THE CITY OF BRIGHTON PARKS AND RECREATION ADVISORY BOARD WITH A TERM TO JUNE 2019
Resolution No: 2019-29
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING CLAIRE SEGURA AS A YOUTH MEMBER TO THE CITY OF BRIGHTON PARKS AND RECREATION ADVISORY BOARD WITH A TERM TO JUNE 2020
Resolution No: 2019-30
F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING GIANA ROCHA AS A YOUTH MEMBER TO THE CITY OF BRIGHTON PLANNING COMMISSION WITH A TERM TO JUNE 2020
Resolution No: 2019-31
Motion by Councilmember Humbert, seconded by Councilmember Mills, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Humbert, Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Blackhurst
4. CEREMONIES
A. Swearing In of New Board and Commission Members
City Clerk Natalie Hoel swore in the newly appointed Board and Commission members.
B. Inclusion Day Proclamation
Mayor Kreutzer read the Proclamation into the record and presented it to members of the Unifying Program, a part of the Special Olympics.
Motion by Councilmember Mills, seconded by Councilmember Baca, to approve the Proclamation. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Humbert, Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Blackhurst
C. National Ag Day Proclamation
Mayor Kreutzer read the Proclamation into the record and presented it to several members of the agricultural community in Brighton.
Motion by Mayor Kreutzer, seconded by Councilmember Humbert, to approve the Proclamation. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Humbert, Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Blackhurst
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
Wayne Walvoord, Brighton. Mr. Walvoord thanked City Council for approving his appointment as a Brighton representative to serve on the District Plan Commission.
Bob Iber, Brighton. Mr. Iber asked Council to consider lowering the speed limit heading east on Bridge Street in front of Eastgate Village. Mr. Iber would like the hours at the Oasis Water Park extended one night per week so working parents can spend time with their family.
6. CONSOLIDATED ITEMS FOR SEQUENTIAL REVIEW
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, DECLARING THE CITY’S SUPPORT FOR EVALUATING THE DESIGNATION OF E-470 AS A HAZARDOUS MATERIALS ROUTE, AND AUTHORIZING THE MAYOR TO NOTIFY THE E-470 PUBLIC HIGHWAY AUTHORITY OF THE CITY’S POSITION
Mayor Kreutzer explained that Items 6A and 6B would be covered by the same presentation.
Mayor Kreutzer read the title of Item 6A into the record.
City Manager Philip Rodriguez introduced Senior Planner Mike Tylka.
Senior Planner Mike Tylka explained that there have been three Study Sessions discussing this item. A letter of support and a letter of opposition are being considered by Council at this time. A formal vote needs to occur to issue one of the letters to the E-470 Authority.
There are currently two hazmat routes in the City limits of Brighton, US Highway 85 and I-76. Both of the railroad lines in the City are capable of carrying hazardous materials. City Council has been provided information regarding the definitions of the types of hazardous materials, the Comprehensive Plan designations, economic development concerns of a major landowner in the area, how the roadway would be designated, the items the route analysis would have, potential sections of designation, oversight and enforcement of the routes, nearby routes, standards, materials, types of materials, thoughts of the Fire District, reversal of routes, sample petitions and studies, and pending legislation. Staff provided a pro/con list early in the process. The pros: the new route could reduce the number of hazardous materials occurring on local roadways; and the Fire District has expressed their support for this route. The cons: there are currently four hazmat routes through the City; Brighton may have taken on its fair share of hazmat routes; staff has requested data to determine how many trips this route would create and if it would alleviate any traffic from the current roadways, this information has not been provided; there could still be emergency management and response issues that have not be worked out; issues with economic development prospects in the area; the area is a local ag-land preservation district; there could also be health, safety and welfare issues for the residents in the area; traffic from outside of the state or traffic being diverted regionally; the commitment this may take from the Brighton Police Department; and the difficulty in reversing a route once it is dedicated. When analyzing the map, areas with this many hazmat routes in their jurisdiction include Denver, Colorado Springs and Pueblo. Geographically, the City of Brighton does not fit with those other jurisdictions. Those areas have significant, large-scale industry and refineries.
Christine Nyholm, Brighton. Ms. Nyholm stated that since Brighton has only four miles of E-470, there would not be a lot of truck traffic moved off city streets. Ms. Nyholm asked that City Council wait to make a determination on this item until the vote at the state to determine if local jurisdictions would have more local control on oil and gas development in Brighton.
Stewart Nyholm, Brighton. Mr. Nyholm expressed his concern regarding the amount of traffic in Brighton and on the hazmat route. The speed limit of 75 mph with a load of hazardous materials is dangerous.
Brighton Fire Rescue District Chief Mark Bodane, Brighton. Chief Bodane explained that the Brighton Fire Rescue District has been appointed by City Council to be the Designated Emergency Response Authority (DERA). The Fire District met with Adams County and other Fire agencies in the area regarding this proposal. The Fire District is in support of a study to determine if E-470 should be designated as a hazmat route. Designating alternative routes would be beneficial to reduce the transportation on non-designated routes, may relieve the transportation on existing routes and provide better east/west movement. Many local businesses rely on the shipment of hazardous materials to be used in their facilities. The Union Pacific Railroad delivers materials to local businesses that include hazardous materials. Most manufacturing uses some substance or chemicals that can be considered a hazardous material and they need to have it delivered and stored in bulk. The Fire District has a hazardous materials response team. There are twelve team members that are part of the Adams/Jeffco Hazmat Authority, which is funded by Adams County, Jefferson County and the Fire Districts and Departments to combine their assets and teams for a more efficient response to these types of incidents. Without defined hazmat routes, the community is less safe.
Adams County Commissioner Steve O’Dorisio, Adams County. Commissioner O’Dorisio, on behalf of the Adams County Commissioners, asked City Council to support the completion of a study to designate E-470 as a hazmat route. The study would be done by professionals working in public safety. If the study shows that the roadways would not be safer after the designation of E-470, Adams County would not support the designation. The goal is to address hazardous materials, especially oil and gas traffic on side streets and Highway 7. Adams County encourages pipelines to reduce the amount of truck traffic on roadways and they have implemented a comprehensive impact fee for oil and gas traffic in Adams County.
Several Councilmembers discussed the approval of the study to designate E-470 as a hazmat route.
City Attorney Jack Bajorek answered questions from Council regarding:
• The ability for City Council to vote for this designation after the study has been completed.
• The opportunity for public comment for residents to speak regarding the study.
Councilmember Baca asked that an email be included in the record and is attached as Exhibit A.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Humbert, to approve the Resolution. The motion failed by the following vote:
Aye: 4 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, and
Councilmember Humbert
No: 4 - Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
Absent: 1 - Councilmember Blackhurst
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, DECLARING THE CITY’S DECISION TO DECLINE TO PURSUE DESIGNATION OF E-470 AS A HAZARDOUS MATERIALS ROUTE, AND AUTHORIZING THE MAYOR TO NOTIFY THE E-470 PUBLIC HIGHWAY AUTHORITY OF THE CITY’S POSITION
Mayor Kreutzer read the title of the Resolution into the record.
City Attorney Bajorek clarified that the Resolution is to send a letter opposing the study for designation; the letter in support of the study failed and would not be brought back for Council consideration on May 7, 2019 unless there was an interest in bringing the Resolution in support back as a matter of reconsideration.
Mayor Kreutzer asked Councilmember Johnston if he would consider revising his motion to reconsider the letter of support and the letter of opposition at the May 7, 2019 City Council meeting. Councilmember Johnston would like his motion to remain as originally stated.
City Attorney Bajorek answered questions from Council regarding:
• The ability for Council to reconsider the prior vote on 6A or can the motion on 6B be amended to include continuing Items 6A and 6B to May 7, 2019.
City Attorney Bajorek explained the process to continue Item 6A to May 7, 2019.
Motion by Councilmember Johnston, seconded by Councilmember Pollack, to continue the Resolution to May 7, 2019. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Humbert, Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Blackhurst
7. PUBLIC HEARINGS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE INTERGOVERNMENTAL AGREEMENT REGARDING ANNEXATION BOUNDARY AND PLANNING COOPERATION WITH THE CITY OF FORT LUPTON
Mayor Kreutzer read the title of the Resolution into the record.
City Attorney Bajorek explained that this is not a public hearing.
City Manager Rodriguez introduced Senior Planner Mike Tylka.
Senior Planner Mike Tylka presented the Fort Lupton Intergovernmental Agreement (IGA). The City of Brighton entered into an IGA with Fort Lupton in 2009 for a period of ten years; it is set to expire on March 10, 2019. Both parties are looking for a new IGA that is simple to interpret and execute. The current IGA established the growth boundary between the two cities at approximately WCR 6 with the exception of the areas that Brighton has annexed north of WCR 6. The draft IGA designates WCR 6 to be the boundary line except for the annexed property by Brighton. The new IGA proposed WCR 6 as an adaptive boundary, so if either entity wants to cross that boundary, they would seek permission from the other city. There are two growth areas, if either city gets close to those areas; each city would get a referral to know the location of the utilities and transportation networks. The new IGA would solidify the language regarding the utility, transportation and regional planning for the areas. Staff from both entities have agreed to a ten-year term for the IGA and this agreement does not seek to interfere with Fort Lupton’s IGA with Todd Creek for wastewater treatment. Regarding the Perry Pit, Brighton would not contest Fort Lupton annexing land south of WCR 6 for one specific instance including five parcels if the proposed use is for water storage. Fort Lupton City Council met last night and voted unanimously to approve the proposed IGA. Staff appreciates these types of IGAs with neighboring communities. Staff recommends approval for renewal of the revised IGA.
Motion by Councilmember Humbert, seconded by Councilmember Johnston, to approve Resolution 2019-32. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Humbert, Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Blackhurst
8. RESOLUTIONS
9. 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, APPROVING THE AGREEMENT BETWEEN THE CITY OF BRIGHTON AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT REGARDING DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS TO SECOND CREEK AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
Mayor Kreutzer read the title of the Resolution into the record.
City Manager Rodriguez introduced Senior Planner Lauren Simmons and Stormwater Manager Scott Olsen.
Senior Planner Lauren Simmons presented the IGA with Urban Drainage and Flood Control District (UDFCD) regarding Second Creek located in the Adams Crossing Subdivision. This IGA is for the preliminary design of Second Creek improvements within the Adams Crossing project. The first phase of subdividing the Adams Crossing development is in review. The Second Creek drainage channel has a major impact on the project. Staff is assisting the developer to resolve several items prior to the next submission including CDOT permitting, Master Development Agreement, design standards, regional drainage, and trails and open space. Second Creek is a regional drainage channel that starts in Aurora and travels south to the Platte River. In 2018, UDFCD conducted a study to identify and update the Second Creek channel. This Master Study was approved by UDFCD of which the City of Brighton was a participant. The Adams Crossing development is within the Second Creek basin and they would be constructing improvements to Second Creek as part of their development impacts. The current condition of Second Creek through Adams Crossing’s first phase is degraded. The City would like Adams Crossing to make improvements to Second Creek so it would qualify for the UDFCD maintenance program. All improvements must be approved by UDFCD and they have requested that the agreement be with the City of Brighton. The Adams Crossing developer has agreed to fund the study for the initial design through the project and the City would accept the funds from the developer and turn them over to UDFCD for the initial design. The City would be the applicant for the original design and would be able to approve or disapprove the design. Staff recommends approval of the IGA. Stormwater Manager Scott Olsen and Senior Planner Simmons answered questions from Council regarding:
• The party responsible for building any facilities that would be needed in the future along the Second Creek drainage channel.
• Adams Crossing not getting their plans for improvement approved by UDFCD.
Motion by Councilmember Mills, seconded by Councilmember Pollack, to approve Resolution 2019-33. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Blackhurst
10. GENERAL BUSINESS
11. REPORTS
A. By the Mayor
Mayor Kreutzer will be featured in several episodes of Inside Brighton. Mayor Kreutzer attended a poverty simulation workshop at Front Range Community College, and the Pennock Center Healing Hearts benefit.
B. By Department Heads
C. By the City Attorney
D. By the City Manager
City Manager Rodriguez informed Council that there will be a tour of the ground storage water tank on March 14th, the Vision and Planning Session will take place on March 22nd and a wrap-up will take place at the Study Session on March 26th. There will be a tour of some Brighton facilities with Executive Director of DOLA Rick Garcia and Don Sandoval on April 2nd.
12. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Mayor Pro Tem Edwards attended the EVAC Spaghetti luncheon.
Councilmember Wallin attended the CML Policy Board meeting and the Public Art Committee meeting.
Councilmember Mills read for Dr. Seuss Day at Pennock Elementary, attended the EVAC Spaghetti luncheon, and the Pennock Center Healing Hearts benefit. The Image Summit is Friday and the Cajun Boil is this weekend.
Councilmember Baca attended the NATA meeting and the Adams County Transportation Forum meeting.
Councilmember Humbert read to kids for Dr. Seuss Day, attended the EVAC Spaghetti luncheon and programs at the Anythink Library.
Councilmember Johnston will be attending several HOA meetings.
13. EXECUTIVE SESSION
14. ADJOURNMENT
Motion by Councilmember Mills, seconded by Councilmember Humbert, to adjourn at 9:19 p.m. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Humbert, Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Blackhurst
CITY OF BRIGHTON, COLORADO
_____________________________
Kenneth J. Kreutzer, Mayor
ATTEST:
______________________________
Natalie Hoel, City Clerk
______________________________
Approval Date