City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes
Tuesday, June 23, 2015
7:00 PM
Special City Council Meeting
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 7:05 p.m.
A. Pledge of Allegiance to the American Flag.
Councilmember Kreutzer 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 May 19, 2015 City Council Minutes.
Motion by Mayor Pro Tem Wallin, 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 Councilmember Baca, seconded by Councilmember Bell, 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
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 38.101
ACRES OF CONTIGUOUS LAND, IN THE SOUTHWEST 1/4 OF SECTION 36,
TOWNSHIP 1 SOUTH, RANGE 67 WEST, OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF ADAMS, STATE OF COLORADO; TO BE KNOWN AS THE
ORCHARD CHURCH 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 7:09 p.m. and City Clerk Natalie Hoel verified the required postings and publications (May 20, 27, June 3 and 10, 2015 in the Standard Blade) for this public hearing were completed.
City Manager Esquibel introduced Associate Planner Cathy Sexton.
Associate Planner Cathy Sexton reported that she will be presenting Items 6A and 6B. Planner Sexton explained that this request is to hold a public hearing and consider a Resolution of annexation eligibility and to complete the first reading of the annexation Ordinance. The property is 38.101 acres and is located on the northeast corner of 120th Avenue and Peoria Street. The property is currently zoned A-3 (Agricultural) through Adams County, approximately 24.5% of the perimeter of the property is contiguous to the existing city limits, and the owner of the property is the Orchard Church. The notice for this public hearing was published for four (4) consecutive weeks in the Brighton Standard Blade on May 20, 27, June 3 and 10, 2015, published on the City’s website, an impact report and notice was sent to Adams County and the Special District, and no public comment has been received.
When determining eligibility for annexation four (4) criteria must be met. At least 1/6 contiguity with the existing city boundary, a community of interest exists with the City, the area to be annexed is urban or will be urbanized, and the area to be annexed is capable of integration within the City. Staff finds that the proposed annexation complies with the Municipal Annexation Act and annexation eligibility criteria, the annexation complies with the South Sub Area Plan as it is within the growth boundary and there are existing infrastructure to serve this area. Staff recommends approval of this request.
Mayor McLean asked if the applicant would like to add anything to the presentation.
Doug Dameron, 12471 East 106th Place, Commerce City, Colorado 80202. Mr. Dameron expressed his appreciation for the opportunity to be annexed into the City and is excited to be part of the community.
Mayor McLean asked if anyone in the audience had questions for the applicant; there wre 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 City Council.
Councilmember Kniss thanked the Church for being such a great community partner with the City and the School District and it will be great to have them be a permanent neighbor of Prairie View High School.
Mayor McLean closed the public hearing at 7:16 p.m.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Baca, to approve Resolution
2015-76. Motion passed by the following vote:
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 Orchard Church Annexation is eligible for annexation to the City.
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 38.101
ACRES OF CONTIGUOUS LAND, IN THE SOUTHWEST 1/4 OF SECTION 36,
TOWNSHIP 1 SOUTH, RANGE 67 WEST, OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF ADAMS, STATE OF COLORADO; TO BE KNOWN AS THE
ORCHARD CHURCH ANNEXATION.
Mayor McLean read the title of the Ordinance into the record.
Motion by Councilmember Edwards, seconded by Councilmember Martinez, 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
7. CONSOLIDATED ITEMS FOR SEQUENTIAL REVIEW
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING A REZONING FROM R-1-A, R-3 AND C-O TO THE
CHAPEL HILL PLANNED UNIT DEVELOPMENT (PUD) WITH AN UNDERLYING
ZONING OF R-1 (SINGLE-FAMILY RESIDENTIAL), FOR THE APPROXIMATE
10.44 ACRE PROPERTY, LOCATED WITHIN THE SOUTHEAST ONE-QUARTER
OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 66 WEST, OF THE SIXTH
PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF
COLORADO, SUBJECT TO SPECIFIC CONDITIONS AS SET FORTH HEREIN.
Mayor McLean read the title of the Ordinance into the record.
City Manager Esquibel introduced Long Range and Historic Preservation Planner Aja Tibbs.
Long Range and Historic Preservation Planner Aja Tibbs reported that she will be presenting Items 7A and 7B together. Planner Tibbs explained that these items are for the Chapel Hill rezoning application for final reading and the Development Agreement amendment. The applicant is Brad Whitfield working with Larsen Real Estate, LLC and they are the primary owners of the majority of the property. There are two (2) separate lots within this property that are owned privately by residents, Joann and Danny Briggs Living Trusts and Susan Cvancara. All of the property owners have given consent for both of these applications. The property is located north of Bridge Street along Chapel Hill Drive between Telluride Street and the Tower Road alignment.
City Council approved the rezoning application at first reading after the public hearing on June 2, 2015. The Plat amendment was reviewed administratively and approved by staff and the Development Review Committee (DRC) on June 3, 2015 and recorded on June 10, 2015. The Plat amendment merges the duplex lots and realigns some of the adjacent lots in that area, and adds notes to address maintenance of the drainage tracts. Those changes require an amendment to the Development Agreement to address those issues that cannot be addressed in the subdivision Plat. The PUD plan provides revisions for setbacks to address the unique lot layout, addresses the HOA maintenance responsibilities for these properties and common areas, it allows for improved landscaping and architectural design requirements and removes the duplex land use. The Development Agreement amendment further defines the common areas and what an HOA is, provides an explanation of the lot reconfigurations that have occurred through the administrative amendments, and it provides phasing of landscaping improvements which remain for the development.
Staff originally proposed that the bike trail be constructed by May 31, 2015 but since that timeline was not met staff asks that the timeline be extended to August 31, 2015. It also addresses maintenance responsibilities between the developer and landowner, primarily the maintenance of the perimeter fencing, construction of the final lift of asphalt for the development, and schedules and provides for construction requirements for removal of the secondary water lines and taps originally installed for the duplex lots.
Staff finds that the rezoning and Development Agreement applications comply with the purpose and intent of the Land Use and Development Code. Planner Tibbs, Community Development Director Holly Prather and Brad Whitfield answered questions from Council regarding:
• There being only one (1) entrance and exit for this development.
• Any other developments in Brighton with isolated entrances like this.
• There being another entrance/exit to the north that is currently closed.
• The ability for first responders to use the closed entrance to the north.
• This Ordinance being approved like this at first reading.
• The definition of a gated community.
• The need for travelers to make a U-turn to get into the subdivision or church.
Motion by Councilmember Bell, seconded by Councilmember Humbert, to approve Ordinance
2208. 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, APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT FOR THE CHAPEL HILL FILING NO. 2 SUBDIVISION, DESCRIBED
AS A PART OF THE SOUTHEAST ONE-QUARTER OF SECTION 4, TOWNSHIP 1
SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO; AUTHORIZING THE
MAYOR TO EXECUTE SAID FIRST AMENDMENT ON BEHALF OF THE CITY;
AND SETTING FORTH OTHER DETAILS RELATED THERETO.
Mayor McLean read the title of the Resolution into the record.
Long Range and Historic Preservation Planner Aja Tibbs explained that the Agreement needs to be amended to change the date to August 31, 2015 in Section D(2) which addresses landscape improvements.
Motion by Councilmember Kreutzer, seconded by Mayor Pro Tem Wallin, to approve Resolution
2015-68 with the amended date in the Agreement. 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 AMENDING ARTICLE 2-65. LIQUOR LICENSING AUTHORITY AND
ARTICLE 5-8. ALCOHOL BEVERAGES AND ARTICLE 9-24. ALCOHOL
BEVERAGES OF THE BRIGHTON MUNICIPAL CODE, REPEALING PROVISIONS
RELATED TO THE FIVE MEMBER LIQUOR LICENSING AUTHORITY, AND
PROVIDING THAT THE CITY COUNCIL MAY, BY RESOLUTION, APPOINT A
HEARING OFFICER TO SERVE AS THE LIQUOR LICENSING AUTHORITY FOR
THE CITY OF BRIGHTON; SPECIFYING THAT THE CITY CLERK MAY APPROVE
CERTAIN APPLICATIONS RELATED TO LIQUOR LICENSES PURSUANT TO
STATED CRITERIA; REVISING THE TRAINING REQUIREMENTS; AND SETTING
FORTH DETAILS IN RELATION THERETO.
Mayor McLean read the title of the Ordinance into the record.
City Manager Esquibel reported that this is the final reading of the Ordinance and there are two (2) changes.
City Attorney Margaret Brubaker explained that there have been some revisions to the Ordinance. On page 6 of the Ordinance under Section 2-65-20, Duties of the City Clerk, under subparagraph (j) regarding modification of premises, the City Clerk would be allowed to approve those but there are certain regulations in the Liquor Code that indicate that if certain circumstances exist then the application needs to go to a hearing so paragraphs 1, 2, and 3 have been added to subparagraph (j). In Section 6, alcohol beverage tastings, the Liquor Code and Regulations indicate that procedures must be followed if objections are filed or of there is a pending enforcement issue so paragraph (b) has been revised to be consistent with the Liquor Code and Regulations. In Section 9, training, staff is still in the process of working with the Police Department to make sure the right training procedures are in place and because the Hearing Officer will not be on board for at least a month staff felt it would be a good idea to coordinate with the new Hearing Officer to ensure that what they think is appropriate for training is what will be required. Staff is also working with the Police Department to make sure there is State certified training in place. There is reference in the entire Section to State certified or City approved training.
Human Resources Director Karen Surine reported that the Hearing Officer position had been advertised and there has been a lot of interest. Staff recommends a pre-interview by phone with the applicants with the Mayor, Mayor Pro-Tem, City Attorney, Human Resources and City Clerk staff.
Councilmember Humbert asked that the sentence on page 8 in Section 5 be amended to read “shall be responsible”.
Motion by Councilmember Humbert, seconded by Councilmember Bell, to approve Ordinance
2209 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 COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING AN OIL AND GAS LEASE (NO SURFACE
OCCUPANCY) WITH WARD PETROLEUM CORPORATION FOR +/- 34.6 NET
ACRES IN CERTAIN PORTIONS OF SECTION 14 TOWNSHIP 1 SOUTH, RANGE
67 WEST OF THE 6TH P.M., ADAMS COUNTY COLORADO; FINDING THAT THE
TERMS OF SAID LEASE ARE REASONABLE AND THAT IT IS IN THE BEST
INTEREST OF THE CITY TO ENTER INTO SAID LEASE; AUTHORIZING THE
MAYOR TO EXECUTE SAID LEASE ON BEHALF OF THE CITY; AUTHORIZING
THE CITY MANAGER TO UNDERTAKE SUCH TASKS AND EXECUTE SUCH
DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT SAID LEASE; AND
SETTING FORTH OTHER DETAILS RELATED THERETO.
Mayor McLean read the title of the Ordinance into the record.
City Manager Esquibel explained that this is the final reading of the Ordinance and there have not been any changes since first reading.
Motion by Councilmember Kniss, seconded by Councilmember Kreutzer, to approve Ordinance
2210. 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 APPROVING THE 2016-2018 INTERGOVERNMENTAL AGREEMENT
BETWEEN ADAMS COUNTY AND THE CITY OF BRIGHTON FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT PROGRAM; AND
AUTHORIZING THE MAYOR TO EXECUTE THE "IGA" ON BEHALF OF THE CITY.
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Procurement, Contracts and Risk Management Manager Karla Armstrong.
Procurement, Contracts and Risk Management Manager Karla Armstrong explained that this is a renewal of the agreement with Adams County regarding the Community Development Block Grant (CDBG) Program with modifications that staff feels are beneficial to the City. The Community Action Plan was open for public comment and none were received.
City Manager Esquibel explained that the City can opt out of this agreement and go into consideration for statewide funding which is very competitive or the City can remain with the County coalition to receive certain allocations from CDBG funds. This agreement allows the City to remain in the coalition for the County.
Motion by Councilmember Kreutzer, seconded by Councilmember Edwards, to approve
Resolution 2015-69. 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
APPROVING PARTICIPATION BY THE CITY OF BRIGHTON IN A COORDINATED
ELECTION TO BE CONDUCTED BY THE ADAMS COUNTY CLERK AND
RECORDER AND THE WELD COUNTY CLERK AND RECORDER ON
NOVEMBER 3, 2015.
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced City Clerk Natalie Hoel.
City Clerk Natalie Hoel explained that this Resolution takes formal action to allow the City to coordinate the November election with Adams County and Weld County.
Motion by Councilmember Humbert, seconded by Councilmember Baca, to approve Resolution
2015-70. 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 APPROVING THE AMENDATORY INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND ADAMS
COUNTY TO THE INTERGOVERNMENTAL AGREEMENT ON ANNEXATION AND
AN INTERGOVERNMENTAL AGREEMENT ON A NEW AIRPORT DATED APRIL
21, 1988, AS A THIRD PARTY BENEFICIARY TO CERTAIN PROVISIONS OF THE
AMENDATORY INTERGOVERNMENTAL AGREEMENT; SETTING FORTH THAT
SUCH APPROVAL IS SUBJECT TO AND CONDITIONED UPON APPROVAL OF
THE AMENDATORY INTERGOVERNMENTAL AGREEMENT BY THE VOTERS OF
THE CITY AND COUNTY OF DENVER AND ADAMS COUNTY; AND SETTING
FORTH OTHER DETAILS RELATED THERETO.
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced City Attorney Margaret Brubaker.
City Attorney Margaret Brubaker reported that in the best interest of Adams County and the participating jurisdictions it was determined by the Airport Coordinating Committee that this amendatory IGA be in its final form and approved by Denver City Council before any other jurisdictions take action. Denver discussed the matter last night and it is anticipated that they will take action next week regarding this matter. It is the recommendation of the City Attorney that the City table this item with the understanding that it will be brought back to Council when staff has received the final IGA and anticipate that this should take place sometime in July.
Motion by Councilmember Martinez, seconded by Councilmember Kreutzer, to table Item 9C.
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, AUTHORIZING THE SIGNING OF A GRANT AGREEMENT WITH
COLORADO PARKS AND WILDLIFE FOR THE AMOUNT NOT TO EXCEED ONE
HUNDRED TEN THOUSAND FOUR HUNDRED SEVENTY DOLLARS
($110,470.00), FOR THE “CFRT (COLORADO FRONT RANGE TRAIL) - ERGER’S
POND OPEN SPACE SECTION PROJECT”; AUTHORIZING THE CITY’S
MATCHING OBLIGATION OF SEVENTY-THREE THOUSAND SIX HUNDRED
FIFTY DOLLARS ($73,650.00); AND AUTHORIZING THE CITY MANAGER TO
SIGN AND EXECUTE THE GRANT AGREEMENT.
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 is the State Trails Grant through the Division of Wildlife, State of Colorado. The grant is in the amount of $110,470.00 to construct the trail from Southern Street to Ken Mitchell Park. The City will provide $73,650.00 to the total project cost of $184,120.00. This portion of the trail will be built early next year. Director Wardle answered questions from Council regarding:
• The length of time the entire trail has taken to build.
Motion by Councilmember Kreutzer, seconded by Councilmember Kniss, to approve
Resolution 2015-71. 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. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AUTHORIZING THE SIGNING OF A GRANT AGREEMENT WITH
HISTORY COLORADO (COLORADO HISTORICAL SOCIETY) FOR THE AMOUNT
NOT TO EXCEED SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($16,500.00),
FOR THE “64 FARMSTEADS CULTURAL RESOURCE SURVEY” PROJECT;
AUTHORIZING THE CITY’S MATCHING OBLIGATION OF TWELVE THOUSAND
FIVE HUNDRED DOLLARS ($12,500.00); AND AUTHORIZING THE CITY
MANAGER TO SIGN AND EXECUTE THE GRANT AGREEMENT.
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Long Range and Historic Preservation Planner Aja Tibbs.
Long Range and Historic Preservation Planner Aja Tibbs explained that the Historic Preservation Commission (HPC) is a Certified Local Government (CLG) and as part of that certification one of their primary duties is to survey properties and resources. City Council approved the Historic Resource Survey Plan in 2012 which established and laid out all of the priorities for surveying properties. The HPC recently completed the survey of eleven (11) properties which yielded some great information. The next phase is agricultural surveys. The HPC appeared before Council on October 21, 2014 to request authorization to apply for this grant specifically for CLG’s to use for surveys. The HPC did receive the grant in the amount of $16,500.00 but in order to move forward a contract must be entered into with History Colorado to ensure that the money is spent according to the grant terms. The required matching funds of $12,500.00 has been approved for the 2015 budget. If Council approves this Resolution staff will move forward to hire a consultant to start the survey work as soon as possible.
Motion by Councilmember Humbert, seconded by Councilmember Baca, to approve Resolution
2015-72. 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
10. UTILITIES BUSINESS ITEMS
Resolutions
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACTING BY AND THROUGH ITS WATER ENTERPRISE,
ACCEPTING THE STATEMENT OF QUALIFICATIONS AND PROPOSAL FROM HATCH MOTT MACDONALD, LLC, AWARDING THE CONTRACT FOR THE WATER MASTER PLAN PROPOSAL #15-024, TO HATCH MOTT
MACDONALD, LLC IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
THOUSAND DOLLARS ($100,000), AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE CITY.
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 Resolution will award a consulting contract for a significant update to the Water Master Plan which has not been updated since 2006. Procurement received eight (8) statements of qualification and staff interviewed four (4) of those firms. This update will incorporate future, new water supply options and treatment techniques as well as the distribution system and fire flow requirements. There were several excellent proposals but staff has determined that the most qualified, responsive and responsible bidder for the Water Master Plan is the firm of Hatch Mott Macdonald, LLC in the amount not to exceed $100,000.00. These funds are included in the 2015 budget. Director Bauers answered questions from Council regarding:
• The City having worked with this firm in the past or know of their reputation.
Motion by Councilmember Martinez, seconded by Councilmember Edwards, to approve
Resolution 2015-73. 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 PROPOSAL FROM BURNS AND MCDONNELL
ENGINEERING CO., INC, AWARDING THE CONTRACT FOR THE
ENGINEERING DESIGN OF THE ERGER’S POND AUGMENTATION STATION
#15-026, TO BURNS AND MCDONNELL ENGINEERING CO., INC IN AN
AMOUNT NOT TO EXCEED TWO HUNDRED NINETY EIGHT THOUSAND
TWO HUNDRED NINETY EIGHT DOLLARS ($298,298.00), AND
AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE
CITY.
Mayor McLean read the title of the Resolution into the record.
Utilities Director Curt Bauers explained that this request is for the award of the engineering design for the Erger’s Pond Augmentation Station. Cell 1 at the Ken Mitchell Lakes is currently the only portion of the complex that has permanent facilities in the water and out of the river and that makes it necessary to do something with Erger’s Pond. That additional functionality is important to the overall complex. Staff will also at some point be constructing an interconnect between Cell 1 and Erger’s Pond but the decrees allow for separate inlet and outlet from Erger’s Pond. Sufficient money was budgeted in 2015. Design is intended to be complete this year and the intent is to construct the facility in 2016. Procurement received three (3) proposals. Staff is recommending the firm of Burns and McDonnell Engineering Co. Inc. as the most qualified, responsive and responsible bidder in the amount of $298,298.00. Although there was a lower bid they were not able to demonstrate experience with a facility of this size and nature. Director Bauers answered questions from Council regarding:
• The amount of money that has been spent on this project.
Motion by Councilmember Baca, seconded by Mayor Pro Tem Wallin, to approve
Resolution 2015-74. 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 WATER ENTERPRISE,
APPROVING THAT CERTAIN SECOND AMENDMENT TO THE EASEMENT
AGREEMENT BY AND BETWEEN THE CITY AND THE SEVENTH DAY
ADVENTIST ASSOCIATION OF COLORADO, INC., AND AUTHORIZING THE
MAYOR TO EXECUTE THE SECOND AMENDMENT ON BEHALF OF THE
CITY.
Mayor McLean read the title of the Resolution into the record.
Councilmember Bell recused himself.
Utilities Director Curt Bauers explained that this request is to consider an amendment to an easement agreement granted to the City in 2002. The Seventh Day Adventist Association of Colorado has requested that the City consider modifying the original agreement in which they granted the City a piece of property so that the Schwartz well could be relocated because the property it sat on was being developed. In exchange for the ability to relocate the well to 5th Avenue and Bromley Lane the Church was able to enjoy the low, non-potable rate for water. In 2007 the Central Colorado Water Conservancy District ceased covering the well with augmentation water fully and simultaneously City operations staff was having a hard time maintaining the operation of the well. The agreement was amended at that time to indicate that the City was not obligated to operate the well and if the well was not operational a separate, potable, higher [water] rate would be charged to the Church. The City has not operated the well since that time. In fairness to the original easement and keeping with that intent, staff is recommending the proposed Second Amendment to establish the commercial combined indoor and outdoor rate which is currently $5.95 per thousand gallons as an appropriate compromise. Staff anticipates eventually being able to utilize this well in a future, non-potable system for irrigation.
Motion by Councilmember Kreutzer, seconded by Councilmember Edwards, to approve
Resolution 2015-75. 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
Recuse: 1 - Councilmember Bell
11. GENERAL BUSINESS
12. REPORTS
A. By the Mayor.
Mayor McLean read a letter from Kroenke Holdings thanking City Council for approving the Third Amendment to the Prairie Center Agreement and for their continued support of this project. Mayor McLean read a letter from Front Range Community College for supporting their golf tournament.
B. By Department Heads.
Chief of Police Clint Blackhurst reported that there are twelve (1q) new Brighton Explorers that graduated the combined Adams County Explorer Academy and reminded City Council that the Police Department Awards Banquet is this Saturday at 6:00 p.m. Chief Blackhurst spoke about Officer Struck and the photo of him helping a young girl at an accident site.
C. By the City Attorney.
D. By the City Manager.
City Manager Esquibel reminded everyone that tomorrow is the Employee BBQ at the Recreation Center and the Eye for Art Reception is on Thursday at City Hall.
13. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Bell spoke about the Historical Byway and Beautification Byway for the State of Colorado and is willing to work with the Highway 85 Coalition to get this project up and going. If Brighton and Greeley support this initiative then the other smaller cities and towns will hopefully see the advantages including travel, notoriety and new businesses. Councilmember Bell asked if he could invite someone from the Colorado Byways organization to speak to City Council at a future Study Session.
Councilmember Humbert attended the CML Conference, the Anythink Library Dedication, Relay for Life and the Bloomin’ Buddies are working on their Big Little Idea Xeric Garden Project.
Councilmember Baca attended the Fire Board Meeting and they are moving forward with the new fire station at Tower Road and Bridge Street. The Smart Commute Metro North Breakfast will take place on Thursday at Larkridge in Thornton.
Mayor Pro-Tem Wallin attended the Youth Commission meeting and said goodbye to the outgoing senior students and attended the CML Conference.
Councilmember Edwards attended the CML Conference and the Senior Advisory Board meeting where they discussed the ongoing items regarding THF and Prairie Center.
Councilmember Martinez congratulated Mayor Pro-Tem Wallin for being appointed to the CML Executive Board. Councilmember Martinez enjoyed the CML Conference and announced that the Chamber Duck Race has been rescheduled for July 18th.
Councilmember Kreutzer attended the CML Conference and reported that the Brighton Youth Commission is well known throughout the State. The students from Poland have arrived back home and Councilmember Kreutzer thanked the host families. There will be a Sister Cities welcome picnic tomorrow night, a barn dance Friday night and July 5th is Polish Day at Carmichael Park including dancing and food. The festivities will end with the City Council meeting on July 7th at the Armory.
Councilmember Kniss attended the graduation ceremony at the Veterans Court and it was a touching ceremony. The Legacy Foundation held their Disc Golf Tournament and there were sixty (60) competitive golfers and the proceeds go to local scholarships. June 30th is the deadline for the continued education scholarship. Councilmember Kniss commended the Parks Department for doing such a great job on the pocket parks Downtown. Councilmember Kniss attended the South Sub-Area Planning meeting for citizens in the area. The Eye for Art reception is on Thursday.
Mayor McLean thanked Sheryl Johnson for all of her hard work on the Sister Cities activities.
14. EXECUTIVE SESSION
15. ADJOURNMENT
Motion by Councilmember Martinez, seconded by Councilmember Kreutzer, to adjourn at 8:40
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
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Approval Date