City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes
Tuesday, September 29, 2015
8:30 PM
Special City Council Meeting
City Council
MAYOR - RICHARD N MCLEAN
MAYOR PRO-TEM - KIRBY WALLIN
COUNCIL MEMBERS:
LYNN BACA, REX BELL, JW EDWARDS
MARK HUMBERT, JOAN KNISS, KEN KREUTZER
CYNTHIA A MARTINEZ
1. CALL TO ORDER
Mayor McLean called the meeting to order at 8:31 p.m.
A. Pledge of Allegiance to the American Flag.
Assistant City Attorney Christopher Ernst led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca,
Councilmember Bell, Councilmember Edwards, Councilmember Humbert,
Councilmember Kniss, Councilmember Kreutzer, and Councilmember
Martinez
2. APPROVAL OF REGULAR AGENDA
Motion by Mayor Pro-Tem Wallin, seconded by Councilmember Humbert, to approve the
Regular Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca,
Councilmember Bell, Councilmember Edwards, Councilmember Humbert,
Councilmember Kniss, Councilmember Kreutzer, and Councilmember
Martinez
3. EXECUTIVE SESSION
A. For discussion of a personnel matter under C.R.S. Section 24-6-402 (2)(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 and for a conference with the City Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402 (4)(b) regarding South Main Development
Motion by Mayor Pro-Tem Wallin, seconded by Councilmember Kreutzer, to go into Executive Session, followed by discussion on the Motion:
Councilmember Martinez asked why this meeting is being held without City Attorney Margaret Brubaker being present, and also stated her belief that City Manager Esquibel should also be in attendance for this discussion. She preferred to continue this discussion until a time when Ms. Brubaker and Mr. Esquibel could be present.
Assistant City Attorney Christopher Ernst explained that Council scheduled this Special City Council meeting at the last Study Session, in accordance with the City Council’s Rules of Procedure Governing Meetings, and that the City Clerk’s Office had responded to Council’s request for documents, which were available tonight. Therefore the meeting was properly called, and its purpose is for document review and discussion, not for any decision-making or other formal action.
Councilmember Kniss explained that she feels it would be appropriate for Council to review the documents that are available, that this meeting was properly scheduled, and that she does not feel the legal opinion of City Attorney Brubaker is needed to proceed as planned. There is no reason to postpone.
Councilmember Martinez explained that she picked up her packet today and did not have time to review the documents, which are substantial.
Councilmember Baca explained that the information was available on Monday and does not feel the meeting should be continued.
Mayor McLean polled the Council about whether Council preferred to proceed, or was more comfortable continuing the discussion until City Attorney Brubaker and City Manager Esquibel could be present. Mayor Pro Tem Wallin withdrew his motion to go into Executive Session.
Motion by Councilmember Martinez, seconded by Councilmember Humbert, to continue the Executive Session to October 13, 2015.
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Bell, Councilmember Edwards, Councilmember Humbert, and Councilmember Martinez
No: 3 - Councilmember Baca, Councilmember Kniss and Councilmember Kreutzer
4. ADJOURNMENT
Motion by Councilmember Martinez, seconded by Councilmember Humbert, to adjourn at 8:46
p.m. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca,
Councilmember Bell, Councilmember Edwards, Councilmember Humbert,
Councilmember Kniss, Councilmember Kreutzer, and Councilmember
Martinez
CITY OF BRIGHTON, COLORADO
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ATTEST: Richard N. McLean, Mayor
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Natalie Hoel, City Clerk
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Approval Date