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File #: ID-168-15    Version: 1 Name:
Type: Minutes Status: Agenda Ready
File created: 6/17/2015 In control: City Council
On agenda: 6/23/2015 Final action:
Title: Approval of the May 19, 2015 City Council Minutes
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                     City of Brighton

 

                     500 S. 4th Avenue

                     Brighton, CO 80601

 

                     

 

                     Meeting Minutes

 

                     Tuesday, May 19, 2015

 

                     7:00 PM

 

                     Council Chambers

 

                     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 7:01 p.m.

 

                     A.  Pledge of Allegiance to the American Flag.

 

 

                     Members of the Youth Commission 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.  CONSENT AGENDA

 

A.                     Approval of the April 21, 2015 City Council Minutes

 

 

                     B.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, ACTING BY AND THROUGH ITS STORMWATER ENTERPRISE,

                     ACKNOWLEDGING, PER THE REQUIREMENTS OF THE CDBG-DR RECOVER

                     COLORADO INFRASTRUCTURE PROGRAM GRANT NOI, THAT THE CITY OF

                     BRIGHTON STORMWATER ENTERPRISE DOES NOT HAVE SUFFICIENT

                     FUNDS TO COMPLETE PHASE 2 AND 3 OF THE NORTH OUTFALL PROJECT

                     AND ALSO AUTHORIZING CITY OF BRIGHTON STAFF TO SUBMIT AN

                     APPLICATION FOR THE CDBG-DR GRANT

 

                                          Resolution 2015-44

 

                     Motion by Councilmember Martinez, seconded by Councilmember Humbert, to approve the

                     Consent 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.  APPROVAL OF REGULAR AGENDA

 

 

                     Motion by Mayor Pro Tem Wallin, seconded by Councilmember Kreutzer, 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

 

4.  CEREMONIES

 

                     A.                     Recognition of Detective Justin Moore

 

 

                     City Manager Manuel Esquibel introduced Chief of Police Clint Blackhurst.

 

Chief of Police Clint Blackhurst recognized Detective Justin Moore for receiving the Sean May Leadership Award from the 17th Judicial District.

                     

                     B.                     Recognition of Graduating Youth Commission Members

 

 

                                          Youth Services Manager Tawnya Russell introduced the nine (9) graduating Youth Commission members and gave a brief history of the work they have done for the Youth Commission and the City of Brighton.

 

Mayor McLean and City Council thanked the students for their dedication to the City of Brighton and wished them well in the future.

 

                     C.                     A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, APPROVING THE PLACEMENT OF A PLAQUE ON MEMORIAL

                     PARKWAY RECOGNIZING MELVIN KREUTZER FOR HIS SERVICE TO THE

                     BRIGHTON COMMUNITY

                     

                     Mayor McLean read the title of the Resolution into the record.

 

City Manager Esquibel introduced Parks and Recreation Director Gary Wardle.

 

Parks and Recreation Director Gary Wardle reported that this Resolution will authorize the placement of a plaque on Memorial Parkway for Melvin Kreutzer for his service to the City of Brighton. The City received a petition and the Parks and Recreation Advisory Board found this petition met the naming process requirements  at their May 6, 2015 public meeting and recommend approval of this Resolution. Director Wardle introduced former Mayor Pro-Tem Dick Hodge.

 

Former Mayor Pro-Tem Dick Hodge gave a brief history of the impact that Melvin Kreutzer had on the Brighton community.

 

                     Motion by Councilmember Kniss, seconded by Councilmember Humbert, to approve

                     Resolution 2015-45. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember

                     Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,

                     and Councilmember Martinez

 

                     Abstain:                     1 -                      Councilmember Kreutzer

 

 

 

                     D.                     A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, APPROVING THE PLACEMENT OF A PLAQUE ON MEMORIAL

                     PARKWAY RECOGNIZING DONALD OLSON FOR HIS SERVICE TO THE

                     BRIGHTON COMMUNITY

 

                     Mayor McLean read the title of the Resolution into the record.

 

                     Parks and Recreation Director Gary Wardle reported that this Resolution will authorize the placement of a plaque on Memorial Parkway for Donald Olson for his service to the City of Brighton. The City received a petition and the Parks and Recreation Advisory Board found this petition met the naming process requirements at their May 6, 2015 public meeting and recommend approval of this Resolution. Director Wardle introduced former Mayor Pro-Tem Dick Hodge.

 

Former Mayor Pro-Tem Dick Hodge gave a brief history of the impact that Melvin Kreutzer had on the Brighton community.

 

                     Motion by Mayor McLean, seconded by Councilmember Kreutzer, to approve Resolution

                     2015-46. 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

 

                     E.                     Introduction of New Employees by Chief of Police Clint Blackhurst and City Manager Manuel Esquibel

 

                     Chief of Police Clint Blackhurst introduced Sabrina Gutierrez, Records Specialist and Samantha Duggan, Records Specialist and gave a brief history of their background.

 

City Manager Esquibel introduced Murphy Robinson, Assistant City Manager of General Services and gave a brief history of his background.

 

Mayor McLean and City Council welcomed the new employees to the City of Brighton.

 

 

5.  PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA

    (Speakers limited to five minutes)

 

 

6.  PUBLIC HEARINGS

 

 

                     A.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS

                     REGARDING THE STATUTORY ELIGIBILITY FOR ANNEXATION OF THE 53.1152

                     ACRES OF CONTIGUOUS LAND, IN THE NORTHWEST 1/4 OF SECTION 6,

                     TOWNSHIP 1 SOUTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL MERIDIAN,

                     COUNTY OF ADAMS, STATE OF COLORADO; TO BE KNOWN AS THE

                     RIVERFRONT PUD PROPERTY ANNEXATION; AND SETTING FORTH OTHER

                     DETAILS RELATED THERETO

 

                     Mayor McLean read the title of the Resolution into the record.

 

Mayor McLean opened the public hearing at 7:43 p.m. and City Clerk Natalie Hoel verified the required postings and publications (April 15, 22, 29 and May 6, 2015 in the Standard Blade) for this public hearing were completed.

 

City Manager Esquibel introduced Senior Planner Lauren Simmons.

 

Senior Planner Lauren Simmons explained that this public hearing is regarding the Riverfront Property at Baseline Road and Highway 85. The property is approximately 53.112 acres and is located east of the South Platte River. The applicant is requesting a public hearing to consider annexation eligibility and complete the first reading of the annexation Ordinance. Senior Planner Simmons reported that all references to the word “PUD” will be removed from the Ordinance. This item was published in the Brighton Standard Blade for four (4) consecutive weeks to meet State Statutes from April 15, to May 6, 2015 and was also published on the City website.

 

Per Colorado Revised Statutes an Annexation Impact Report was sent to the Adams County Board of County Commissioners, the Adams County Attorney, Central Colorado Water Conservancy District, Brighton Fire Rescue District, School District 27J, Rangeview Library District, Regional Transportation District, Urban Drainage and Flood Control District, and Urban Drainage South Platte.

 

The property is at least 1/6 contiguous with the City boundaries at approximately 32%, there is community interest in the City to annex, the property to be annexed is urban or will be urbanized and subsequent zoning requests and the area to be annexed is capable of integration in the City. Staff reviewed this application and finds that it does comply with the Municipal Annexation Act (C.R.S. 31-12-101) and all of the annexation eligibility criteria. The annexation complies with the Comprehensive Plan and staff recommends approval of the Resolution of Eligibility and Ordinance for the Riverfront Annexation.

 

Mayor McLean asked if the applicant would like to add anything to the presentation.

 

Steve Walters, Loves Travel Centers. Mr. Walters explained that since meeting with Council two (2) years ago he is excited to get this process started. In addition to the Travel Center additional property has been purchased for two (2) hotels. The Loves Travel Center will also include a Subway and a Carl’s Jr. The Loves Travel Center and one (1) hotel will be built immediately and will employ approximately one hundred (100) people, several managerial positions and staff working 24 hours per day.                                           

 

                     Mayor McLean asked if anyone in the audience had questions for the applicant, there were none.

 

Mayor McLean asked if anyone in the audience wished to speak on behalf of the request, there was none.

 

Mayor McLean asked if anyone in the audience wished to speak against the request, there was none.

 

Mayor McLean asked if any correspondence had been received, there was none.

 

Mayor McLean asked if there were questions from Council.

 

Councilmember Bell reported that he looks forward to this development and thanked the applicant for their interest in Brighton.

 

Councilmember Martinez asked for clarification that this property is east of the Platte River. Senior Planner Simmons reported that it is. Councilmember Martinez asked if the property is located south of the Metro Wastewater Treatment Plant and north of the City Wastewater Treatment Plant and Senior Planner Simmons reported that it is. Councilmember Martinez asked if this development will consist of a gas station and hotels. Mr. Walters explained that inside of the Loves Travel Center will be a Subway and Carl’s Jr. with a drive-thru. The facility will serve fuel to regular traffic and diesel traffic. South of that location is the property for the hotels. Councilmember Martinez asked if there was another Loves location in Hudson and Mr. Walters reported that there is.

 

Mayor Pro-Tem Wallin asked if there will be an area for long-term/overnight parking for trucks and Mr. Walters reported that there will be and this should help with safety by removing the trucks from side streets and parking lots in Brighton. Measures will be taken to ensure the lots are safe for the drivers. Some of the duties of the employees are to walk the lot to clean up trash and make sure that there are not any cars with the trucks. It is important to keep the car and truck traffic separate and have a well-lit and openly visible parking lot. The developer will invest from 12 to 14 million dollars in this project. Mayor Pro-Tem Wallin asked if a centralized system for heating and cooling the trucks will be part of this plan so they do not have to remain running. Mr. Walters explained that this technology is still new and not efficient so that is not part of the plan. There are concerns with emissions and noise but changes are coming. All trucks built in 2015 are mandated to have an auxiliary power unit to allow the vehicles to be shut off while still operating the air or heat. Loves is also in the hotel business so that they can have truck drivers as clients at a discounted rate. This is a benefit the employers can offer their employees and it also helps the drivers.

 

Councilmember Kreutzer asked what the amount of vehicles will be that visit this location daily. Mr. Walters reported that he does not know exactly the number but their projections are for 400 to 500 trucks per day, but all will not stop at this location. It will not be as busy as an interstate location like the Bennett location. Councilmember Kreutzer asked how many visit the Bennett location. Mr. Walters explained that they do truck counts on interstate locations in 15 minute periods and there are approximately 115 to 130 trucks. The Brighton location numbers were around 60. Councilmember Kreutzer asked where the closest truck stop is to this location on Highway 85. Mr. Walters reported that it is Greeley or Commerce City. The developer is working with staff and traffic engineers to make sure the roadway can handle the anticipated traffic.   

 

                     Mayor McLean closed the public hearing at 7:59 p.m.

 

                                          Motion by Councilmember Martinez, seconded by Councilmember Bell, to approve Resolution

                     2015-47 as amended.

 

Mayor Pro-Tem Wallin read the following into the record:

 

1.                     That the City Council hereby finds and determines that, with respect to the Petition for Annexation and the land proposed for annexation therein, and pursuant to the terms and conditions set forth therein, the requirements of the applicable provision of the Municipal Annexation Act, including C.R.S. Sections 31-12-104 and 31-12-105 have been met.

 

2.                     That the City Council hereby finds and determines that there is at least one-sixth (1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City.

 

3.                     That the City Council further determines that an election is not required under C.R.S. Sections 31-12-107(2) or 31-12-112(1) of the Act and that there are no other items and conditions to be imposed upon said annexation.

 

4.                     That the City Council further finds and determines that proper notice was duly given and a hearing was held regarding the annexation in accordance with C.R.S. Sections 31-12-108 and 31-12-109 of the Act, as applicable.

 

5.                     That the City Council concludes that the area proposed to be annexed in the Petition for Annexation to be known as the Riverfront Property Annexation is eligible for annexation to the City.

 

                     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

 

                     B.                     AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY

                     53.1152 ACRES OF CONTIGUOUS LAND, IN THE NORTHWEST 1/4 OF

                     SECTION 6, TOWNSHIP 1 SOUTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL

                     MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO; TO BE KNOWN AS

                     THE RIVERFRONT PUD PROPERTY ANNEXATION (First Reading)

 

                     Mayor McLean read the title of the Ordinance into the record.

 

City Manager Esquibel introduced Senior Planner Lauren Simmons.

 

Senior Planner Lauren Simmons explained that this item is connected to the previous item and asked if Council had any further questions.

 

                     Motion by Councilmember Edwards, seconded by Councilmember Humbert, to approve the

                     Ordinance as amended. 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

 

 

7.  ORDINANCES FOR INITIAL CONSIDERATION

 

 

                     A.                     AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, APPROVING THE THIRD AMENDMENT TO COMPREHENSIVE

                     FUNDING PLAN, MASTER DEVELOPMENT AGREEMENT, PRE-ANNEXATION

                     AGREEMENT, AND INTERGOVERNMENTAL AGREEMENT FOR PRAIRIE

                     CENTER, BRIGHTON, COLORADO, AUTHORIZING THE MAYOR TO EXECUTE

                     SAID THIRD AMENDMENT ON BEHALF OF THE CITY AND THE CITY CLERK TO

                     ATTEST THERETO; AND PROVIDING OTHER MATTERS RELATED THERETO

 

 

                     Mayor McLean read the title of the Ordinance into the record.

 

City Manager Esquibel introduced Assistant City Manager of Development Marv Falconburg and Special Legal Counsel Sally Tasker.

 

Assistant City Manager of Development Marv Falconburg explained that this is an amendment to the Comprehensive Funding Plan [between the City and Prairie Center]. The original Plan was approved in 2005 and it was an important document for building Prairie Center as it is today. There have been two (2) amendments to the Plan since then. This third amendment will only affect one portion of the Plan and that is the first phase of residential. It is important to have residential to drive the retail in this area. The first phase of residential has 300 lots. There is already 100 million dollars of infrastructure built including a pedestrian underpass and irrigation ditch which has been built for 10 years and not used because it is not connected by a trail on either side. This will connect multi-family and single-family residential. This agreement will help pay for the funding for these types of infrastructure already in place. Assistant City Manager Falconburg introduced Special Legal Counsel Sally Tasker.

 

Special Legal Counsel Sally Tasker explained that this Ordinance will approve an amendment to the Comprehensive Agreement for Prairie Center that was originally approved in 2005 and amended in 2009 and 2012. It is the hopes of the developer that this amendment will jump start some single-family residential growth development in this area of about 300 homes. The full build-out is anticipated to be 4500 homes. The City and THF have been discussing ways to jump-start the building and there are things that the City and the developer can do in the Comprehensive Agreement to get the residential up and going to help the retail in the area. This is a Master Plan Mixed Use Project and the goal is to get more residential with Phase 1.

 

The amendment will accomplish two things; the first will be a rebate of some of the fees and taxes that the City would collect from [the Developer for] Phase 1. The total amount of fees and taxes that come in from permits will be approximately 40 million dollars from Phase 1. This agreement would have a rebate of 2.5 million dollars back to the developer which is approximately $7,500.00 out of $40,000.00 per home that would be rebated back to the developer. As the City collects fees either at the building permit or certificate of occupancy, after all of the fees are paid the City would determine how much per home the 2.5 million dollars is and that would be rebated on a quarterly basis. Because of TABOR this [rebate] would be subject to annual appropriations so the funds would have to be appropriated each year for the rebate.

 

Four (4) different fees or taxes have been identified [for rebate] including Traffic Impact Fees of approximately half a million dollars. This [rebate] would be tied to the types of improvements the traffic impact fees are designed for so the District would receive these funds for traffic improvements. The Bridge Crossing Impact Fees [rebate] of approximately $200,000.00 would be used to reimburse the District for the work that has already been completed. The Building Permit Fees [rebate] is approximately $500,000.00 and since that is in the General Fund it does not have to be tied to any specific improvement. The Use Taxes is based on the City’s standard Use Tax of approximately 1.3 million dollars in rebates. There is a set number [for the rebate] of 2.5 million dollars so if the City is collecting more in Use Taxes that does not mean the rebate amount will increase. This amount will be rebated per home so as the taxes and fees are collected the rebates are done. If the development is delayed there will be a delay in the rebates.   

 

The amendment also relates to a provision in the document from 2005 relating to the adult recreation center. There was a provision that the developer would loan the City 7.5 million dollars with interest when one million square feet of retail had been constructed, leased and occupied. Prairie Center is not at one million yet. In 2010 the City issued Certificates of Participation as part of its Build America Bond Program and allocated approximately 6.5 million dollars so the first phase of the adult recreation center [could be constructed]. Since the Eagle View Adult Center has now been constructed there is no need to continue to obligate the developer to make the City a loan for the construction. This amendment will reduce the developer’s obligation to make a loan to the City from 7.5 million to 2.5 million which would allow the City to complete the second phase of the Eagle View Adult Center. This would be a loan at 5% interest and it would be at the City’s request because there is a very specific source of revenue coming off the project that the City would pay the loan back from. If that money was not producing then the City would not owe that money back. This is a very small portion of .25% of the credit PIF that is coming off the property that is related to the Parks and Recreation Sales Tax. When one million sq. ft. of retail is full at Prairie Center, through this agreement the developer would then write a check to the City for 2.5 million dollars that the City would be obligated to use for the Eagle View Adult Center. The City would not be obligated to take the loan because there may be better options with today’s interest rates. This is just a funding source available to the City, but it does not obligate the City. This Ordinance would also authorize the City of Brighton Water, Sewer and Drainage Enterprise to execute this document as well. Special Counsel Tasker answered questions from Council regarding:

-                     The number of retail sq. ft. space constructed at Prairie Center currently.

-                     The number of retail sq. ft. required to receive the loan.

-                     The rebate process only being applied to the first 333 homes in the development.

-                     Where the money is coming from for the Lutz reservoir and nature center.

 

                     Motion by Councilmember Martinez, seconded by Councilmember Kniss, to approve the

                     Ordinance. 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

 

8.  ORDINANCES FOR FINAL CONSIDERATION

 

 

                     A.                     AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, APPROVING THE CASE FARMS PUD (SINGLE FAMILY DETACHED                      RESIDENTIAL AND COMMERCIAL), 2ND AMENDMENT FOR THE

                     APPROXIMATELY 237.66 ACRE PROPERTY, KNOWN AS THE CASE FARMS

                     PUD, LOCATED WITHIN THE NORTHWEST QUARTER OF SECTION 17,

                     TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN,

                     CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO

 

                     Mayor McLean read the title of the Ordinance into the record.

 

City Manager Esquibel introduced Senior Planner Lauren Simmons.

 

 

 

Senior Planner Lauren Simmons explained that staff worked with the applicant after a discussion with City Council at the public hearing regarding height requirements and both agreed to the following condition to be added to the Ordinance at final reading: “The height of all buildings in the development excluding the approved mini-storage in PA-1 shall be limited to forty-two feet (42’), with exceptions for the silo and such other distinctive architectural features, as are approved by the Community Development Director. The height of  any mini-storage in PA-1 shall be limited to twenty feet (20’) in height, with the exception of one manager’s dwelling unit which shall not exceed thirty-five feet (35’) in height”. The applicant has reviewed and is in agreement with this amendment. 

 

 

                     Motion by Councilmember Kniss, seconded by Councilmember Kreutzer, to approve Ordinance

                     2205 as amended. 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

 

                     B.                     AN ORDINANCE, OF THE CITY OF BRIGHTON CITY COUNCIL, APPROVING

                     THE REZONING OF AN APPROXIMATELY 3.3 ACRE AREA OF LAND

                     GENERALLY LOCATED IN SECTION 9, TOWNSHIP 1 SOUTH, RANGE 66 WEST

                     OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS,

                     STATE OF COLORADO, FROM A ZONING DESIGNATION OF R-3 (MULTIPLE

                     FAMILY RESIDENTIAL) TO A ZONING DESIGNATION OF C-2

                     (RESTRICTED RETAIL AND SERVICES)

 

                     Mayor McLean read the title of the Ordinance into the record.

 

                     City Manager Esquibel explained that this is the 2nd reading of the Ordinance and there have not been

                     any changes since first reading.

 

Mayor McLean asked if there were any comments from the audience on the second reading of the Ordinance, there were none.

 

                                          Motion by Councilmember Baca, seconded by Mayor Pro Tem Wallin, to approve Ordinance

                     2206. 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

 

9.  RESOLUTIONS

 

 

                     A.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, ACCEPTING THE BID OF JCM INC. AND MILE HIGH GLASS INC.

                     AND AWARDING THE CONTRACT FOR THE CITY HALL EXTERIOR WINDOW

                     RESEALING PROJECT, BID #15-017, IN AN AMOUNT NOT TO EXCEED SIXTY

                     SIX THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($66,750.00), AND

                     AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE

                     CITY AND THE CITY CLERK TO ATTEST THERETO

 

                     Mayor McLean read the title of the Resolution into the record.

 

City Manager Esquibel introduced Facilities Project Manager Bob Brady.

 

 

 

Facilities Project Manager Bob Brady asked for approval of a formal bid for the City Hall Window Resealing Project to JCM Inc. and Mile High Glass Inc., the most responsive and responsible bidder. Last summer during a storm with wind and rain from the west all of the windows leaked. The windows were last caulked by Adams County in 1990. The windows were upgraded in 2011, but the frames were not changed. The seal must be changed between the frames and the concrete and this should solve the problem. Facilities Project Manager Brady answered questions from Council regarding:

-                     The old caulk being removed. 

 

                                                               Motion by Mayor Pro Tem Wallin, seconded by Councilmember Martinez, to approve

                     Resolution 2015-48. 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

 

Mayor McLean called for a break at 8:36 p.m.

 

Mayor McLean reconvened the meeting at 8:47 p.m.

 

                     B.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT

                     FOR THE VILLAGE AT SOUTHGATE BRIGHTON AN APPROXIMATE 79.811

                     ACRE PROPERTY, GENERALLY LOCATED WITHIN SECTION 1, TOWNSHIP 2

                     SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF

                     BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, AUTHORIZING THE

                     MAYOR TO EXECUTE THE DEVELOPMENT AGREEMENT ON BEHALF OF THE

                     CITY; AND SETTING FORTH OTHER DETAILS RELATED THERETO.

 

                     

                     Mayor McLean read the title of the Resolution into the record.

 

City Manager Esquibel introduced Senior Planner Lauren Simmons

 

Senior Planner Lauren Simmons explained that this is for the Village at Southgate Brighton PUD, Development Agreement and Final Plat. The property is located off of 120th Avenue and adjacent to the Fuller Estates PUD and the Prairie View High School and Middle School complex. The applicant is Fred Cooke with Lorax Construction and Kevin Amolsch with PFG Acquisitions LLC and the applicant is requesting approval of the Final Plat and Development Agreement. The property is approximately 80 acres and was zoned PUD in February, 2014. This property was annexed in 1988 as part of the Fuller Estates East PUD. The proposed uses are Commercial, Office, Multi-family and Single-family detached.

 

The plat must comply with Section 17-40-210, Final Subdivision Plat of the Land Use and Development Code and must be in conformance with the regulations of the Zoning Ordinance and the Subdivision Regulations. In addition the Comprehensive Plan, Figure 4, Future Land Use Plan and more specifically the South Sub-Area Plan which designates the property for Mixed Use Residential and the Final Plat is in compliance with the South Sub-Area Plan. The notice was published in the Brighton Standard Blade on May 13, 2015, notices were sent to neighbors and published on the City website on May 8, 2015, and the property was posted on May 11, 2015.

 

The Final Plat includes one hundred fifty (150) residential lots for Single-family detached, two (2) lots for Higher Density Housing or Commercial and two (2) lots for Commercial or Office. There are several tracts for drainage, landscaping and a neighborhood park. There is also one (1) lot designated for the preservation for the relocated barn on the property. The Final Plat also shows the location of several easements, right-of-way dedication for future expansion of 120th Avenue, and several future street connections to the east.

 

Included in the Development Agreement are [requirements for the construction of] improvements and signalization of 120th Avenue and Southgate Blvd, and construction of acceleration and deceleration lanes on 120th Avenue. The existing barn will be relocated, rehabilitated and repurposed as an amenity for the residents adjacent to the neighborhood park. A portion of the existing silo will also be relocated and repurposed for a restroom facility on the neighborhood park. The applicant is also phasing [meeting] their water dedication requirements; they will be bringing water shares to the City [on a phased basis]. Staff has reviewed the Final Plat and Development Agreement and all associated plans and finds that the application meets all Ordinances and standards of the City of Brighton.

 

Fred Cooke/Developer thanked Council and thanked staff for their hard work and having a developer friendly process. Mr. Cooke feels that this is the best solution for the developer, the City and the neighborhood. Mr. Cooke feels this property is at a key location between Highway 85 and I-76 and is a gateway for Brighton. This development was designed to be a great addition to the community that has a number of uses including Commercial along 120th Avenue, buffered by a Mixed Use Residential/Commercial and would continue on to one hundred fifty (150) Single-family home sites. This Plan is consistent with the Brighton Comprehensive Plan and a number of amenities have been incorporated into the project including a trail system that will connect to a regional trail system, a neighborhood park that will include the existing barn and silo. The developer will build the full 120th Avenue improvements in front of the property. This plan will allow the project and the overall corridor to begin development of a multi-lane road with acceleration and deceleration lanes, and a concrete median that will give the road a nice feel between Highway 85 and I-76. The regional drainage problems have been solved; there were some flood flows that needed to be addressed which will benefit the surrounding areas. The flows will be channeled through the property and released to historic flows. Mr. Cooke has worked with the Fuller Estates neighborhood to create a special buffer with heavy landscaping between the west side of the development and their existing homes. The park should be a great amenity to the neighborhood. The barn will become the community center, the silo will be incorporated into a restroom facility, and there will be a playground, benches, a picnic shelter, bike racks and play fields in the center of the park. The xeric garden will act as an educational area and the extensive trail system will connect to the regional trail system.

 

Joseph Anderson, 11849 Peoria Street. Mr. Anderson expressed his concern regarding the speed of the development, the development at 104th and Peoria that is not complete, the concern that this development will not be completed and sit partially full, and the problems with having a 7-Eleven type business across the street from the schools.

 

Barbara Hammond, 11990 Racine Court. Ms. Hammond expressed her concern regarding traffic on Racine Court and the inability to get out of the subdivision during school hours; there are no other entrances or exits.

 

Kenneth Sharpley, 12757 East 117th Court. Ms. Lynn Ann Sheets spoke for Mr. Sharpley. Mr. Sharpley asked that a 6’ stone wall be built between the Fuller Estates neighborhood and this development to keep children from crossing over the properties in Fuller Estates to get to school.

 

Lynn Ann Sheets, 12884 East 117th Court. Ms. Sheets expressed her concern regarding the split rail fence that will be built and issues like trash and trespassing.

 

Fred Cooke appreciates the concerns of the neighbors but feels that the market is good at this time and feels that this project will succeed. Mr. Cooke cannot speak to issues like children smoking and truancy but the developer has tried to create a community with amenities that are family oriented. The developer has done extensive traffic studies and one of the first improvements will be to install a traffic signal which should help to address traffic issues. The addition of traffic lanes will also help to mitigate traffic issues. Trails will be built to add connectivity to the development. It is hard to keep kids out of yards but hopefully the trail system will address those issues. With the expansion of 120th Avenue crosswalks and lights will be created for pedestrian crossings. The split rail fence has a more rural feel which will blend with the area and does comply with City standards. Adding a 6’ stone wall will feel like a prison and does not integrate the neighborhoods together.

Senior Planner Simmons, Streets and Fleet Director Joe Smith and Mr. Cooke answered questions from Council regarding:

-                     The possibility of a trail at the southern end of the subdivision into Fuller Estates.

-                     There being a connecting road into Fuller Estates.

-                     The distance from Fuller Estates to the beginning of the development with the berm and the roadway.

-                     The final plan for 120th Avenue in the future.

-                     The need to work with School District 27J to reconfigure the “pork chop” that is causing traffic concerns at this location.

-                     The timeline for completion of the sidewalk on the south side of 120th Avenue for students to get to school.

 

                     Motion by Councilmember Bell, seconded by Councilmember Edwards, to approve Resolution

                     2015-49. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember

                     Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,

                     and Councilmember Kreutzer

 

                     No:                     1 -                      Councilmember Martinez

 

 

 

                     C.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, APPROVING THE FIRST (1ST) AMENDMENT TO THE INDIGO

                     TRAILS DEVELOPMENT AGREEMENT; AUTHORIZING THE MAYOR TO

                     EXECUTE SAID FIRST AMENDMENT ON BEHALF OF THE CITY; AUTHORIZING

                     THE CITY MANAGER TO UNDERTAKE SUCH TASKS AND EXECUTE SUCH

                     DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT AND ENFORCE THE

                     PROVISIONS OF SAID FIRST AMENDMENT; AND SETTING FORTH OTHER

                     DETAILS RELATED THERETO

 

                     Mayor McLean read the title of the Resolution into the record.

 

                     City Manager Esquibel introduced Assistant City Planner Aaron Clark.

 

Assistant City Planner Aaron Clark explained that this Development Agreement Amendment is for Indigo Trails Subdivision. The applicant and current owner of the property is Indigo Trails, LLLP. This is for Phase III of the Indigo Trails Subdivision. The request is to amend the Development Agreement to account for changes to the street layout that has been made necessary. The original Development Agreement was approved in December, 2000 and it required construction of the south ½ of Indian Paintbrush Drive which is the east/west through street that was planned to go along the north edge of the property. That alignment has been used for part of the regional drainage system so the street must be moved. The realignment of Indian Paintbrush and some other streets in Phase III of Indigo Trails has to be accomplished and the Development Agreement has to be amended to account for those changes. Originally Red Clover Way was to meet Indian Paintbrush but this cannot happen because of the Brighton Lateral Ditch. The original Plat showed Trefoil Way as a cul-de-sac and Red Clover Way as a through street, these will be changed with this amendment to have Trefoil Way go through and meet Indian Paintbrush as part of the Bromley Farms development and Red Clover Way will become a cul-de-sac. Since Trefoil Way will not have an outlet at this time staff has asked the developer to install some temporary hammerheads for emergency vehicle turn around purposes. These will be removed when Indian Paintbrush meets Trefoil Way. There were concerns from residents of Indigo Trails that the new homes in Phase III would not join the existing HOA; language has been added to the Development Agreement that would mandate the inclusion in the existing HOA and all will share in the responsibility of HOA improvements. This Development Agreement allows the developer to construct up to three (3) model homes on Honeysuckle Court before the other streets are complete. The construction of the outfall channel over the previous alignment has made this amendment necessary. The changes to the Development Agreement are comparatively minor, they will maintain the maximum number of buildable lots and will permit connectivity and preserve emergency vehicle access. Assistant Planner Aaron Clark answered questions from Council regarding:

-                     The City being responsible for building roads.

-                     The new home architecture matching the existing homes in Indigo Trails.

-                     The new homes being part of the existing HOA.

                     

                     Motion by Councilmember Martinez, seconded by Councilmember Edwards, to approve

                     Resolution 2015-50. 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

 

                     D.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, ACCEPTING THE BID OF SABELL’S ENTERPRISE LLLP AND

                     AWARDING THE CONTRACT FOR THE HIGHWAY 7 AND MILLER STREET

                     XERIC LANDSCAPE IMPROVEMENTS, BID #15-019, IN AN AMOUNT NOT TO

                     EXCEED EIGHTY NINE THOUSAND SIX HUNDRED 25/100 DOLLARS

                     ($89,600.25), AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON

                     BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO

 

                     Mayor McLean read the title of the Resolution into the record.

 

City Manager Esquibel introduced Parks and Recreation Director Gary Wardle.

 

Parks and Recreation Director Gary Wardle explained that this Resolution approves the bid award to Sabell’s Enterprise LLLP as the lowest most responsive bid to construct the xeric landscaping improvements on Highway 7 and Miller Street in the amount of $89,600.25. The property to be landscaped is all Colorado Department of Transportation (CDOT) property so the City will have to get a CDOT permit. The property is currently 100% sod and in an effort to save water and make maintenance easier staff suggests this area be redeveloped into a demonstration xeric area so other areas in the City can see what a xeric area looks like and might encourage others to use this type of landscaping. This project has been budgeted for the past two (2) years. The design began in 2014 and additional funds were added in the 2015 budget. Staff is ready to begin the project at this time. The state has been reviewing this project since February. Director Wardle answered questions from Council regarding:

-                     The size of the property.

-                     Signage being available for the types of plants used.

-                     This being a design build project.

 

                     Motion by Councilmember Humbert, seconded by Mayor Pro Tem Wallin, to approve

                     Resolution 2015-51. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember

                     Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember

                     Kreutzer, and Councilmember Martinez

 

                     Absent:                     1 -                      Councilmember Bell

 

 

                     E.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, ACCEPTING THE PROPOSAL OF STANLEY CONSULTANTS INC.

                     AND AWARDING THE CONTRACT FOR THE NORTHGATE PARK AND CHERRY

                     MEADOWS PARK, RFP #15-020, IN AN AMOUNT NOT TO EXCEED SEVENTY

                     NINE THOUSAND TWO HUNDRED THIRTEEN DOLLARS ($79,213.00), AND

                     AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE

                     CITY AND THE CITY CLERK TO ATTEST THERETO

 

                     Mayor McLean read the title of the Resolution into the record

 

City Manager Esquibel introduced Parks and Recreation Director Gary Wardle.

 

Councilmember Bell left the meeting.

 

Parks and Recreation Director Gary Wardle requested approval of the bid for proposals of Stanley Consultants for architectural design work for the Cherry Meadows Park and the Northgate Park. The Northgate Park will include a Master Plan design and construction drawings so it is ready to go to bid on the project in the fall for construction early next year. Stanley Consultants was the most qualified firm that was interviewed and the cost of the project is $79,213.00. There will be a Master Planning process for both of these simultaneously and both projects will include public meetings for the neighbors. The second meetings will take place at the site so the neighbors can see where the park will be located. This information will be presented to the Parks and Recreation Advisory Board for their review and then it will be presented to City Council for their review. It is not anticipated to build the Cherry Meadows Park at this time because all of the homes are not built. Both of the Parks will need to be named so neighbors will be encouraged to submit petitions for this process. Director Wardle answered questions from Council regarding:

-                     The anticipated build date for the Cherry Meadows Park.

-                     The proposed amount for the project being good until it is completed.

 

                     Councilmember Bell returned to the meeting.

 

                                          Motion by Mayor Pro Tem Wallin, seconded by Councilmember Humbert, to approve

                     Resolution 2015-52. Motion passed by the following vote:

 

                     Aye:                     8 -                      Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember

                     Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember

                     Kreutzer, and Councilmember Martinez

 

                     Abstain:                     1 -                      Councilmember Bell

 

 

10.  UTILITIES BUSINESS ITEMS

 

 

                     A.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, ACTING BY AND THROUGH ITS WATER ENTERPRISE,

                     AUTHORIZING AND APPROVING THE THORNTON CONTRACT WATER

                     SURCHARGE; DESIGNATING JUNE 1, 2015 AS THE EFFECTIVE DATE OF THE

                     SURCHARGE; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO

                     UNDERTAKE SUCH TASKS AS MAY BE REQUIRED TO IMPLEMENT SAID

                     SURCHARGE; AND SETTING FORTH OTHER DETAILS RELATED THERETO

 

                     Mayor McLean read the title of the Resolution into the record.

 

City Manager Esquibel explained that the City of Brighton receives water from Thornton and  Thornton has implemented a water rate increase for their residents and also for the City of Brighton. City Manager Esquibel introduced Utilities Director Curt Bauers.

 

Utilities Director Curt Bauers explained that a portion of the City’s water supply comes as treated water produced by the City of Thornton. This is an important supply to the City as it enhances the reliability of the water supply and diversifies the sources of the water supply. These are important aspects of providing water in an arid state like Colorado. Thornton water provides for approximately 25% of the annual water supply in the form of a 2 million gallon per day take or pay contract which means that the City is bound to purchase that amount of water regardless of the system demands. This item is to request a surcharge of $4.60 per single-family residential equivalent for utility bills, including the City’s bills, beginning June 1, 2015. The surcharge is designed to recoup the significant increase in the cost of treated water the City purchases through Westminster from the City of Thornton. Thornton has adopted rate increases for each of the next three (3) years which will result in significant cost increases to Brighton. Director Bauers introduced Kevin Burnett, Willdan Financial Services who helped develop the rate model that is used and was introduced to Council last year.

 

Kevin Burnett, Willdan Financial Services reported that six (6) months ago Willdan did a Comprehensive Rate Study to look at Brighton’s water, sewer and stormwater rates. The City of Thornton just completed their version of this kind of study and the City of Brighton received notice of Thornton’s  13% rate increase effective May 1, 2015, another 13% increase January 1, 2016 and a 13% increase January 1, 2017. Brighton engaged the services of Willdan Financial Services to help with options to deal with this increase. The original Rate Study anticipated a 2.5% increase going forward with the Thornton water contract, prior to receiving notice of the rate increase. Willdan studied the existing contract with Thornton to find any limits in the timing of increases, language that would put a cap or maximum on the increase, or any recourse for Brighton based on the contract. Based on this review the contract allows for periodic review, it does not specify how frequent those increases can be, and it does not dictate the maximum of those increases. Thornton is fully within their rights to raise rates as frequently as they are proposing over the next three (3) years at the levels they have proposed. The contract with Thornton is in perpetuity so there is not an option for Brighton to get out of the contract, Brighton can continue to look at options and negotiate with Thornton going forward. Willdan looked closer at the Thornton Rate Study and found that Brighton is paying the lowest tiered rate for treated water so Brighton is unable to challenge the rate increase. Willdan then tried to develop a mechanism to help pay for the increased costs. The projected costs for Thornton water was just over 2.4 million in 2015 going up to just over 2.5 million in 2017. With the 13% increase there is a $267,000.00 increase this year going up to just over one million dollars in 2017. In total this means that from May 1, 2015 to the end of 2017 Brighton will incur just over 2 million dollars in additional costs which represents a 43% increase in costs.

 

Willdan and staff developed a recommendation of a fixed surcharge so there will be guaranteed revenue each month to cover the costs of the increase. After reviewing the total number of meters including single-family, multi-family, commercial, and City accounts, all water customers going forward, the number of equivalent meters was determined. A 3” meter has ten (10) times the capacity of a ¾” meter so a 3” meter would represent ten (10) ¾” meters. The number of equivalent meters was totaled and multiplied by the months between June 1, 2015 and the end of 2017 and the total was 454,451 equivalent meters. Dividing that into the 2 million dollars, a surcharge fee was determined of $4.60 per billing cycle. A ¾” meter will pay $4.60 so a 3” meter with ten (10) times capacity will pay $46.00 per month. Staff and Willdan Financial Services recommend going forward with a fixed surcharge that would appear on each bill every month based on meter size. This is being recommended because the cost to the City is fixed so this surcharge gives the City a more stable revenue stream to make sure there is appropriate revenue matching of the costs being incurred. It is also recommended that Brighton explore other opportunities for water sources. Director Bauers and Kevin Burnett answered questions from Council regarding:

-                     The number of City meters that will be charged.

-                     The City beginning to pay for its water usage.

-                     The reason the City has not paid for its water usage in the past.

-                     The information that went into the Thornton model that justifies this increase.

-                     The amount of water used in the City on a low usage day.

-                     The impact to the Brighton water system if the 2 million gallons per day were not received from Thornton.

-                     Any guarantee from Thornton that the water cost will not be increased in the next three (3) years.

-                     The need to augment the water from Thornton.

 

                     Motion by Councilmember Kreutzer, seconded by Councilmember Kniss, to approve

                     Resolution 2015-53. 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

 

                     B.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, ACTING BY AND THROUGH ITS WATER ENTERPRISE,

                     ACCEPTING THE BID OF ADVANCED ROOFING TECHNOLOGIES AND

                     AWARDING THE CONTRACT FOR THE ROOF REPLACEMENT SERVICES - RO

                     AND GREENSAND PLANTS, BID #15-015, TO ADVANCED ROOFING

                     TECHNOLOGIES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED

                     SEVENTY-FIVE THOUSAND NINE HUNDRED AND FORTY-SIX DOLLARS

                     ($175,946), AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF

                     OF THE CITY, AUTHORIZING A SUPPLEMENTAL BUDGET APPROPRIATION OF

                     EIGHTEEN THOUSAND FIVE HUNDRED DOLLARS ($18,500), AND

                     AUTHORIZING THE CITY MANAGER TO APPROVE CHANGES TO THE

                     CONTRACT AMOUNT UP TO TEN PERCENT (10%) OF THE CONTRACT

                     AMOUNT

 

                     Mayor McLean read the title of the Resolution into the record.

 

City Manager Esquibel introduced Utilities Director Curt Bauers.

 

Utilities Director Curt Bauers explained that this is a request to move forward with a contract for the roof replacement at the RO Plant and the Greensands Filtration Plant. The Procurement process was completed and three (3) bids were submitted and the lowest most responsive and responsible bidder was Advanced Roofing Technologies. The scope of work includes a complete replacement of the original roofing material with a thermal plastic roofing system. A portion of the roof repair is over the top of the greensands filter beds which is concerning if material were to fall into those beds it can create a real problem. The low bidder did include a sub-contractor to construct a temporary sub-roof over the filter beds to prevent this from happening. The low bid came in at $700.00 over the remaining budget. Based on that and the potential for minor change orders to be contemplated, staff is requesting a supplemental budget amendment of 10% in the amount of $18,500.00 which will come from the Water Enterprise Fund balance and would supplement this project. Staff is requesting approval of this contract in the amount of $175,946.00. Facilities Project Manager Bob Brady answered questions from Council regarding:

-                     There being any significant damage due to the roof leaking. 

 

                     Motion by Councilmember Edwards, seconded by Mayor Pro Tem Wallin, to approve

                     Resolution 2015-54. 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

 

                     C.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, ACTING BY AND THROUGH ITS STORMWATER ENTERPRISE,

                     APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE URBAN

                     DRAINAGE AND FLOOD CONTROL DISTRICT REGARDING FUNDING OF

                     MAJOR DRAINAGEWAY PLANNING FOR FLOOD HAZARD AREA DELINEATION

                     FOR THIRD CREEK, AUTHORIZING THE MAYOR TO EXECUTE SAID

                     AGREEMENT, AND APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION

                     IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000) TO BE

                     CONTRIBUTED TO SAID PROJECT

 

                     Mayor McLean read the title of the Resolution into the record.

                     

City Manager Esquibel introduced Utilities Director Curt Bauers.

 

Utilities Director Curt Bauers explained that if Council approves this item it will be over budget because there was not an existing budget for this item. Staff is asking to create a budget of $15,000.00 to participate in the Urban Drainage Master Plan efforts for Third Creek. Staff was not aware of the plan by Urban Drainage until after the 2015 budget was prepared and without a supplemental budget amendment to participate the City would miss out and it would be detrimental to the City’s interest given the number of other entities that are participating. Staff requests that the supplemental budget of $15,000.00 be transferred from the Stormwater Enterprise Fund balance into a new capital budget for Third Creek Urban Drainage Master Planning to pay for the City’s share of the $250,000.00 estimated total joint planning project and approve the IGA with Urban Drainage.

                     

                     Motion by Councilmember Bell, seconded by Councilmember Humbert, to approve Resolution

                     2015-55. 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

 

                     D.                     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,

                     COLORADO, ACTING BY AND THROUGH ITS STORMWATER ENTERPRISE,

                     APPROVING AN AMENDMENT TO THE AGREEMENT REGARDING DESIGN

                     AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS

                     FOR THE NORTH OUTFALL, CITY OF BRIGHTON, AMENDMENT NO. 06.01.25E

                     AND AUTHORIZING THE CITY MAYOR TO EXECUTE SAID AMENDMENT

 

                     Mayor McLean read the title of the Resolution into the record.

 

Utilities Director Curt Bauers explained that this Resolution involves the Urban Drainage and Flood Control District and will amend the 2006 IGA to allow Urban Drainage to contribute $100,000.00 more towards the construction of improvements to the Stormwater Systems North Outfall Project. This is the same project where approval was granted in the Consent Agenda to submit a grant application for this project. This $100,000.00 is money that Urban Drainage has available for this commitment only.

                     

                     Motion by Councilmember Kreutzer, seconded by Councilmember Humbert, to approve

                     Resolution 2015-56. 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

 

 

11.  GENERAL BUSINESS

 

                     A.                     Schedule a Meet & Greet with Lochbuie on June 4, 2015 at 6:00 p.m. at the Eagle                      View Adult Center

 

                     Motion by Mayor Pro Tem Wallin, seconded by Councilmember Kniss, to approve Item 11A.

                     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

 

                     B.                     Schedule a Special Study Session on June 2, 2015 at 5:00 p.m. for a Tour of the

                     Metro Wastewater Facility

 

                     Motion by Councilmember Humbert, seconded by Councilmember Bell, to approve Item 11B.

                     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

 

C.                     Schedule an Executive Session on May 26, 2015 for Legal Advice and Personnel Matters regarding the South Main Street Development

 

                     Motion by Councilmember Humbert, seconded by Councilmember Bell, to approve Item 11C.

                     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

 

12.  REPORTS

 

 

                     A.  By the Mayor.

 

 

                     B.  By Department Heads.

 

 

                     C.  By the City Attorney.

 

 

                     D.  By the City Manager.

 

13.  REPORTS BY COUNCIL ON BOARDS & COMMISSIONS

 

 

14.  EXECUTIVE SESSION

 

 

15.  ADJOURNMENT

 

 

                     Motion by Councilmember Humbert, seconded by Councilmember Bell, to adjourn at 10:36 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

 

 

 

                                                                                            _______________________________

                                                                       Richard N. McLean, Mayor

       ATTEST

 

 

      _______________________________

      Natalie Hoel, City Clerk

 

 

 

      _______________________________

      Approval Date