City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, September 17, 2019
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 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: 8 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Not Present: 1 - Mayor Kreutzer
2. APPROVAL OF REGULAR AGENDA
Acting City Manager Marv Falconburg explained that the Agenda was amended to remove Item 3D from the Consent Agenda.
Motion by Councilmember Mills, seconded by Councilmember Humbert, to approve the Regular Agenda as amended. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Mayor Kreutzer
3. CONSENT AGENDA
A. Approval of the July 16, 2019 City Council Minutes
B. Approval of the August 6, 2019 City Council Minutes
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING RIC REED AS AN AT-LARGE MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD AND BIKE BRIGHTON SUB-COMMITTEE TO FILL AN UNEXPIRED TERM TO JANUARY 2023
Resolution No: 2019-95
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BRIGHTON AND SCHOOL DISTRICT 27J TO ESTABLISH THE CRITERIA FOR THE SHARING OF INFORMATION CONCERNING THE CHARGING, ADJUDICATION AND CONVICTION OF JUVENILES CHARGED WITH MUNICIPAL ORDINANCE OFFENSES, EXCLUDING TRAFFIC OFFENSES, WHICH HAVE OCCURRED WITHIN THE CITY BY JUVENILES WHO ARE OR HAVE ATTENDED SCHOOL WITHIN SCHOOL DISTRICT 27J; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Resolution No: 2019-96
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, CHANGING AND RATIFYING THE 2020 PARKS & RECREATION FEES AND CHARGES ASSESSED BY THE CITY OF BRIGHTON
Resolution No: 2019-97
F. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING TWO OIL AND GAS LEASES (NO SURFACE OCCUPANCY) WITH GREAT WESTERN OIL AND GAS COMPANY FOR +/- 63.7866 NET MINERAL ACRES IN CERTAIN PORTIONS OF SECTIONS 1 IN TOWNSHIP 1 SOUTH, RANGE 67 WEST IN ADAMS COUNTY, COLORADO, AND IN SECTION 6 IN TOWNSHIP 1 SOUTH, RANGE 66 WEST IN ADAMS COUNTY, COLORADO; FINDING THAT THE TERMS OF SAID LEASES ARE REASONABLE AND THAT IT IS IN THE BEST INTEREST OF THE CITY TO ENTER INTO SAID LEASES; AUTHORIZING THE MAYOR TO EXECUTE SAID LEASES ON BEHALF OF THE CITY; AND AUTHORIZING THE ACTING CITY MANAGER TO UNDERTAKE SUCH TASKS AND EXECUTE SUCH DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT SAID LEASES
Motion by Councilmember Humbert, seconded by Councilmember Blackhurst, to approve the Consent Agenda as amended. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Mayor Kreutzer
4. CEREMONIES
A. Swearing In of New Board and Commission Member
City Clerk Natalie Hoel swore in the new Board and Commission member.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
Tom Green, United Power. Mr. Green presented a refund check to the City of Brighton for $53,983.24.
Jennifer Council, Brighton. Ms. Council asked City Council to consider amending the Brighton Municipal Code Section 10-6-900 regarding animals. Ms. Council would like to have goats in her backyard.
Daryl Meyers, Brighton. Mr. Meyers expressed concern regarding the misinformation that is being put out into the community, the false statements regarding the missing water funds and the distortion of facts.
Robert Eckelman, Brighton. Mr. Eckelman expressed concern regarding the way people are conducting themselves and the need for people to respect each other.
Lori Morris, Brighton. Ms. Morris expressed concern regarding a housing development off Chambers road and asked for direction on who she can speak to about her concerns.
Mike Boutwell, Brighton. Mr. Boutwell expressed concern regarding stormwater in the City and asked Council to work on water conservation programs like preserving rainwater so the City would not have to purchase water from Thornton.
6. PUBLIC HEARINGS
7. ORDINANCES FOR INITIAL CONSIDERATION
8. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING CHANGE ORDER #002 FOR A-1 CHIPSEAL CO. AND AUTHORIZING THE ADDITIONAL FUNDS FOR THE 2019 STREET PRESERVATION PROJECT, PROJECT #99920, TO A-1 CHIPSEAL CO. IN THE AMOUNT OF FOUR HUNDRED SIXTY SEVEN THOUSAND SIX HUNDRED DOLLARS ($467,600.00), AND AUTHORIZING THE ACTING CITY MANAGER TO SIGN THE CHANGE ORDER ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor Pro Tem Edwards read the title of the Resolution into the record.
Acting City Manager Marv Falconburg introduced Public Works Engineer Christopher Montoya.
Public Works Engineer Christopher Montoya presented the change order regarding the 2019 Street Preservation project. The current project was awarded to A-1 Chipseal earlier this year and included work on 20 to 30 lane miles of improvements costing just under two million dollars. The change in scope will focus on the areas planned for 2020. There was 2.5 million dollars budgeted for the original project and the project came in under budget at 1.9 million dollars. $85,000 will be added from the operations department with funds intended for road patching. The change order being requested is $467,000. The tasks being added include crack seals, asphalt patching, and seal coats. The benefits of this change order include cost savings, increased limits and scheduling to get ahead of the five-year capital plan. Public Works Engineer Montoya answered questions from Council regarding:
• The City being responsible for the roadway close to US Highway 85.
Motion by Councilmember Baca, seconded by Councilmember Blackhurst, to approve Resolution 2019-98. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Blackhurst,
Councilmember Humbert, Councilmember Johnston, Councilmember Mills,
Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Mayor Kreutzer
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF COMMUNICATION CONSTRUCTION & ENGINEERING INC. AND AWARDING THE CONTRACT FOR INSTALL CONDUIT, FIBER AND ELECTRICAL WIRING FOR CEMETERY LIGHT POLES PROJECT #19-025, TO COMMUNICATION CONSTRUCTION & ENGINEERING INC. IN THE AMOUNT OF ONE HUNDRED NINE THOUSAND SEVEN HUNDRED EIGHTY ONE DOLLARS AND FORTY TWO CENTS ($109,781.42), WITH NO CONTINGENCY FUNDING, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor Pro Tem Edwards read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Assistant Information Technology Director Curtis Pollock.
Assistant Information Technology Director Curtis Pollock presented the Elmwood Cemetery Light Post and Conduit project for video cameras and Wi-Fi. This project includes the conduit, electrical wiring and fiber work. Adding lighting and cameras at Elmwood Cemetery will make the area more secure. The project includes adding light poles to provide illumination and security, network connectivity for visitors and video surveillance for help with crime investigations. This project includes the addition of ten light poles and eight cameras. Four bids were received and staff recommends the approval of the most responsive bidder Communication Construction & Engineering for $109,781.42.
Assistant Director Pollock and Director of Parks and Recreation Gary Wardle answered questions from Council regarding:
• There being problems with crime in the Cemetery.
• Plans for cameras in other parks in the City.
• The start date and completion date for this project.
• The cemetery being open to visitors 24 hours per day.
• The posted hours not being enforceable.
• The reason to have Wi-Fi in the cemetery.
• Other cemeteries in the area having Wi-Fi.
• The need to bore under Highway 85 to connect to the cemetery.
• There being Wi-Fi at the baseball fields.
• The opportunity to combine fiber projects with other entities.
• The ability to have an app to access a map of the cemetery.
• The need for Wi-Fi to use the cameras at the cemetery.
• The way the camera operates.
Motion by Councilmember Wallin, seconded by Councilmember Humbert, to approve Resolution 2019-99. Motion passed by the following vote:
Aye: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Humbert,
Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
Absent: 2 - Mayor Kreutzer, and Councilmember Blackhurst
Councilmember Blackhurst left the meeting at 7:51 p.m.
9. UTILITIES BUSINESS ITEMS
Ordinances
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, REPEALING SECTION 15-36-40 AND ADOPTING ARTICLE 13-5 OF THE BRIGHTON MUNICIPAL CODE REGARDING THE CROSS-CONNECTION CONTROL PROGRAM (FIRST READING)
Mayor Pro Tem Edwards read the title of the Ordinance into the record.
Acting City Manager Falconburg introduced Infrastructure Director Mike Woodruff.
Infrastructure Director Mike Woodruff introduced Utility Treatment and Maintenance Manager Kim Schoen. Director Woodruff explained that this item is regarding the City’s Cross-Connection Control Program and a recommended change to the current Ordinance. This change would help facilitate compliance in the future, meet the requirements for the State of Colorado CDPHE and meet the threshold of 80% this year and 90% next year. Director Woodruff presented the process for backflow and the types of backflow assemblies used in the City. Director Woodruff gave examples of high and low hazards that are present in the City. The current Ordinance is located in the Building section of the Municipal Code and is under the administrative authority of the Chief Building Official. This is guided and operated under the International Plumbing Code and the City has limited enforcement options. The proposed changes would relocate the Ordinance to Chapter 13, Water and Sewer of the Municipal Code and the administrative authority would be with the Director having authority over Utilities. This would be guided and operated under the requirements of the Colorado Department of Public Health and Environment Regulation 11.39 and a progressive compliance process to achieve voluntary compliance device testing requirements. This would add a monetary fine to the program for non-compliance. Director Woodruff presented the Ordinance compliance process for testing and compliance. Staff is concerned that without the proposed changes to the existing Ordinance, compliance to meet the CDPHE requirements in the future may be negatively impacted. Staff will work with the Communications Office to ensure all entities are aware of the changes and their compliance responsibilities. The City currently has the appropriate budget, staff and equipment to track and report the results as required. Staff recommends approval of this Ordinance. Director Woodruff and Utility Maintenance and Wastewater Manager Schoen answered questions from Council regarding:
• The timeline for determining if the City is in compliance.
• The City being in compliance in December if the inspection took place in January.
Motion by Councilmember Johnston, seconded by Councilmember Mills, to approve the Ordinance. Motion passed by the following vote:
Aye: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Humbert,
Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
Absent: 2 - Mayor Kreutzer, and Councilmember Blackhurst
Resolutions
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF RESPEC AND AWARDING THE CONTRACT FOR NON-POTABLE POND REHAB DESIGN, PROJECT #19-023, TO RESPEC IN THE AMOUNT OF $68,550.00, WITH NO CONTINGENCY, AND AUTHORIZING THE CITY MANAGER TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor Pro Tem Edwards read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Utility Engineer Roy Gallea.
Utility Engineer Roy Gallea presented the Non-Potable Pond Rehab Project. The pond is located east of the Oasis Water Park and it is used to irrigate some City parks. The original intent of the non-potable pond was to irrigate parks along Southern Street with raw water and take the demand off the potable system. The original design and construction took place in two phases. The first phase was a pipeline on Southern Street and along the Fulton Ditch in 2010. The second phase was the construction of a reservoir and pump station in 2011. There have been multiple issues with the pump station including the wet well is too small, the pumps are too close together and cavitation that is damaging the propellers on the pumps. The pre-fab building was designed with no lights or HVAC so the electrical equipment overheats because there is no way to remove the heat during the hot summer months. It is difficult to work when the pump fails at night because there are no lights. The headgate into the reservoir was constructed in an area that brings more sediment than originally planned for in the design, this causes wear and tear on the pumps. There is not an access road to the bottom of the pond, which is necessary for maintenance of the pond and equipment. This project will rehab the existing pump station including new pumps; a larger wet well, the addition of lights and an HVAC system. An access ramp will be added to the pond and the head gate will be moved to increase storage. The non-potable system is unreliable at this time, which has caused some parks to be moved to the potable system. There is a long lead-time so the pumps must be ordered as soon as possible, so the project can be completed before the 2020 irrigation season. Five firms’ submitted proposals for the project and RESPEC was the most responsive proposer based on their approach and cost of services with a price of $68,550. Staff recommends approving the contract to RESPEC for the project. Utility Engineer Gallea answered questions from Council regarding:
• The volume of water when the pumps are working correctly.
• The parks being served by this pond.
• The system being at capacity at this time.
• The timetable for other non-potable sources in the City.
Motion by Councilmember Mills, seconded by Councilmember Humbert, to approve Resolution 2019-100. Motion passed by the following vote:
Aye: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Humbert,
Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
Absent: 2 - Mayor Kreutzer, and Councilmember Blackhurst
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, APPROVING THE CONTRACT FOR PURCHASE OF WATER RIGHTS FROM THE ZORICH FAMILY LIMITED PARTNERSHIP, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTACT ON BEHALF OF THE CITY AND TO UNDERTAKE SUCH TASKS AS MAY BE REQUIRED TO IMPLEMENT THE PROVISIONS OF THE CONTRACT ON BEHALF OF THE CITY
Mayor Pro Tem Edwards read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Water Resources Engineer Austin Creswell.
Water Resources Engineer Austin Creswell presented the purchase of water rights from the Zorich Family Limited Partnership. The City has traditionally acquired water rights through shares in the Fulton Ditch and FRICO systems. As those systems have become more expensive and the shares harder to obtain, the City has had to expand water acquisition in other areas. Last year Brighton acquired water rights along Turkey Creek and Bear Creek in Jefferson County and this purchase being considered is in the same ditch system. The purchase would include 2.31 cfs on Turkey Creek, 2.9 cfs on the Middle Spickerman Ditch for a total average yield of 27.66-acre feet at a negotiated price of 68,880. The water from these rights would travel down Bear Creek to the South Platte River. The water could then be left in the river to satisfy the City’s augmentation requirements or it would be captured and stored at Ken Mitchell. City staff and the Water Rights Engineer recommend approval of the contract to purchase water rights.
Mayor Pro Tem Edwards called for a break at 8:29 p.m.
Mayor Pro Tem Edwards reconvened the meeting at 8:40 p.m.
Water Resources Engineer Creswell answered questions from Council regarding:
• The water shares being in the same area as previous shares purchased by the City.
• Improvements made to that system in cooperation with that purchase.
• The purchase price not being included in the Resolution.
• Approving the contract being appropriate without the price in the Resolution.
• The improvements done to meter the water in Turkey Creek
• The type of measurement for water.
• The amount of water to the City after any loss.
Motion by Councilmember Mills, seconded by Councilmember Wallin, to approve Resolution 2019-101. Motion passed by the following vote:
Aye: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Humbert,
Councilmember Johnston, Councilmember Mills, Councilmember Pollack, and
Councilmember Wallin
Absent: 2 - Mayor Kreutzer, and Councilmember Blackhurst
10. GENERAL BUSINESS
A. Water Rates Discussion
Acting City Manager Falconburg introduced Interim Finance Director Maria Ostrom.
Interim Finance Director Maria Ostrom asked City Council for direction regarding the two options that were presented by the rate consultant at a past meeting. Their recommendation was alternative 1, an 8% rate decrease in FY 2020, no changes for three years and consideration of inflationary increases after that. Alternative 2 would reduce rates by 4% and change the first tier structure from 3,000 gallons to 6,000 gallons. City Council asked about the RO and Greensand process when those are blended and about the hardness of the water. These issues would affect the Plant Investment Fees (PIF), not the rate charges. Interim Director Ostrom answered questions from Council regarding:
• The rate decrease impacting the hardness of the water.
• The rate consultant recommending the 8%.
B. City Attorney Contract and Review Process
Attorney Joseph Rivera presented the changes to the City Attorney contract and the addendum to the performance evaluation. The evaluation process was presented to City Council and they discussed the changes and made recommendations for the process.
11. REPORTS
A. By the Mayor
Mayor Pro Tem Edwards attended the E-470 Board meeting and the Senior Advisory Board meeting.
B. By Department Heads
C. By the City Attorney
D. By the City Manager
Acting City Manager Falconburg reported that the EcoFair and Trash Bash events were very successful.
12. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Humbert attended the Parks and Recreation Advisory Board meeting, the Historic Preservation Commission meeting and the Housing Authority meeting.
Councilmember Baca will attend the DRCOG meeting tomorrow and will vote in favor of Proposition CC.
Councilmember Wallin attended Trash Bash, the Lodging Tax Advisory Committee meeting, the Youth Commission meeting and the Eye for Art reception. Councilmember Wallin would like to discuss the composition of the Lodging Tax Advisory Committee meeting.
Councilmember Mills attended the Legacy Foundation meeting, the tour of Ken Mitchell Open Space, the 27J 135th Anniversary celebration and EcoFair.
Councilmember Johnston attended the Trash Bash event.
13. EXECUTIVE SESSION
Motion by Councilmember Baca, seconded by Councilmember Humbert, to go into Executive Session at 9:49 p.m. 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 Litigation Update. Motion passed by the following vote:
Aye: 6 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Humbert,
Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
No: 1 - Councilmember Johnston
Absent: 2 - Mayor Kreutzer, and Councilmember Blackhurst
Motion by Councilmember Wallin, seconded by Councilmember Baca, to extend the meeting to 11:15 p.m. City Council returned to Executive Session at 11:02 p.m. Motion passed by the following vote:
Aye: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Humbert,
Councilmember Johnston, Councilmember Mills, Councilmember Pollack and Councilmember Wallin
Absent: 2 - Mayor Kreutzer, and Councilmember Blackhurst
Motion by Councilmember Wallin, seconded by Councilmember Mills, to extend the meeting to 11:30 p.m. City Council returned to Executive Session at 11:18 p.m. Motion passed by the following vote:
Aye: 7 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Humbert,
Councilmember Johnston, Councilmember Mills, Councilmember Pollack and Councilmember Wallin
Absent: 2 - Mayor Kreutzer, and Councilmember Blackhurst
Councilmember Pollack left the meeting at 11:18 p.m.
Mayor Pro Tem Edwards reconvened the meeting at 11:29 p.m.
14. ADJOURNMENT
Motion by Councilmember Humbert, seconded by Councilmember Mills, to adjourn at 11:30 p.m. Motion passed by the following vote:
Aye: 6 - Mayor Pro Tem Edwards, Councilmember Baca, Councilmember Humbert,
Councilmember Johnston, Councilmember Mills, and Councilmember Wallin
Absent: 3 - Mayor Kreutzer, Councilmember Blackhurst, and Councilmember Pollack
CITY OF BRIGHTON, COLORADO
_____________________________
J.W. Edwards, Mayor Pro Tem
ATTEST:
______________________________
Natalie Hoel, City Clerk
______________________________
Approval Date