City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes
Tuesday, September 15, 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 7:00 p.m.
A. Pledge of Allegiance to the American Flag.
The Brighton Explorers Post 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 August 18, 2015 City Council Minutes
City Clerk Natalie Hoel read the Consent Agenda into the record.
Motion by Councilmember Kniss, seconded by Councilmember Kreutzer, 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
City Manager Manuel Esquibel asked that the Regular Agenda be amended to add an Executive Session.
City Attorney Margaret Brubaker explained that the IGA attachment for Item 7B was not included in the
packet so this item should be continued to October 6, 2015.
Motion by Councilmember Humbert, seconded by Councilmember Baca, to approve the
Regular Agenda 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
4. CEREMONIES
A. Brighton Explorer Recognition
Chief of Police Clint Blackhurst introduced the Brighton Explorers Post members and gave a brief
history of their activities over the past six months.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA
(Speakers limited to five minutes)
Tom Green with United Power presented the City with a check in the amount of $51,527.07.
6. EMERGENCY ORDINANCES
A. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRIGHTON, COLORADO, APPROVING A PROMISSORY NOTE EXTENSION AND
AMENDMENT AGREEMENT AND A FIRST AMENDMENT TO DEED OF TRUST
REGARDING A LOAN FROM THE CITY OF BRIGHTON, COLORADO, FROM ITS
GENERAL FUND, TO THE BRIGHTON URBAN RENEWAL AUTHORITY, IN AN
AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED TEN THOUSAND
DOLLARS ($2,510,000.00) TO FUND THE ACQUISITION OF CERTAIN REAL
PROPERTY; SETTING FORTH CERTAIN FINDINGS REGARDING SAID LOAN
DOCUMENTS; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
AND THE CITY CLERK TO ATTEST THERETO; AND SETTING FORTH OTHER
DETAILS RELATED THERETO
Mayor McLean read the title of the Ordinance into the record.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Martinez, to go into Executive Session at 7:29 p.m. for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402 (4) (e) regarding the Promissory Note Extension.
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 resumed the meeting at 8:15 p.m.
City Manager Esquibel explained that the Brighton Urban Renewal Authority (BURA) is working hard to create redevelopment opportunities in this blighted area. The City loaned BURA 2.5 million dollars to purchase this land and BURA has worked hard to find a developer for this property. The initial term for the loan was six (6) months and BURA is asking for an extension of the loan for seven (7) years to allow tax increment to kick in to help offset the repayment of this loan. The City is encouraging BURA to look at all other options necessary to pay the loan off before seven (7) years. City Manager Esquibel introduced Finance Director Dan Frelund.
Finance Director Dan Frelund explained that when the loan was issued six (6) months ago it was from unencumbered balances. BURA is asking for an extension of the repayment of the loan and all of the conditions of the loan including interest rate and the security of the loan all remain the same. Director Frelund and City Manager Esquibel answered questions from Council regarding:
• There not being a prepayment penalty.
• The gains the City will see when the loan becomes mature.
• There being a positive return of investment for the City.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Edwards, to approve Ordinance
2215. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Bell, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember
Kreutzer, and Councilmember Martinez
No: 1 - Councilmember Baca
7. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AUTHORIZING THE REVERSION OF ONE MILLION EIGHT
HUNDRED TEN THOUSAND NINE HUNDRED AND NO/100 DOLLARS
($1,810,900.00) OF THE CITY’S PRIVATE ACTIVITY BOND ALLOCATION FOR
2015 TO THE STATEWIDE BALANCE
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel explained that each year the City receives an allocation from the Federal Government for Private Activity Bonds and that allocation is $1,810,900.00. At this time neither the City nor the Housing Authority has a use for these funds. Staff recommends returning these funds to the State balance. City Manager Esquibel answered questions from Council regarding:
• The types of projects other cities use these funds for.
Motion by Councilmember Kreutzer, seconded by Councilmember Martinez, to approve
Resolution 2015-111. 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 SECOND INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITIES OF ARVADA, AURORA, BRIGHTON, COMMERCE CITY,
FEDERAL HEIGHTS, NORTHGLENN, THORNTON, AND WESTMINSTER, AS
WELL AS THE TOWN OF BENNETT, COLORADO REGARDING MUNICIPAL
NON-DOMESTIC VIOLENCE INMATE ALLOCATIONS AND PER DIEM FEE
ASSESSMENT PROCESS FOR THE ADAMS COUNTY DETENTION FACILITY; AUTHORIZING THE MAYOR TO EXECUTE SAID IGA ON BEHALF OF THE CITY; AND SETTING FORTH OTHER DETAILS REALTED THERETO
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel asked if this item could be continued to October 6, 2015 so the IGA could be included in the packet.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Humbert, to continue the
Resolution to October 6, 2015. 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,
APPROVING A PRE-ANNEXATION AGREEMENT WITH SUN DEVELOPMENT,
LP, FOR THE BRIGHTON TRAVEL PLAZA, LOCATED IN THE SOUTHWEST ¼
OF THE SOUTHEAST ¼ OF SECTION 31 TOWNSHIP 1 SOUTH, RANGE 66
WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF
COLORADO.
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 this item is to approve the Brighton Travel Plaza Pre-Annexation Agreement. The applicant and owner of the property is Sun Development, LP and real estate manager Daniel Miller is present. The property is located west of I-76, north of 120th Avenue and east of 4th Avenue (Sable Blvd.). The request is to consider a Pre-Annexation Agreement for the Brighton Travel Plaza Property.
This property is known as the Tomahawk Truck Stop and the existing use was developed through Adams County and currently operates with an existing wastewater treatment facility. The permit for the treatment facility did expire in June, 2014. Knowing they would like to continue to use the site the property owner approached the City to develop a Pre-Annexation Agreement to address how all involved would like to see development of the site and eventually get services through the City. Because the property is not annexed staff will refer to the Comprehensive Plan to evaluate the application. This property is located in the South Sub-Area Plan, and the land use designation is employment with commercial/retail uses. A provision has been drafted in the Agreement which states that the applicant would request a zoning that would comply with the land use designation in the Comprehensive Plan in Section 7.B.1. All other documents the City references will be complied with during the normal redevelopment process. The developer will meet all of the terms and agreements necessary for development at that time. Planner Tibbs presented the timeline for the project. The City would provide services at the time of redevelopment of the site. There are also provisions in the Agreement that address general Code requirements like fees, transfer of water rights, and general liability terms. Staff feels that this agreement tries to combine the mutual goals of the City for redevelopment of the site, give comfortable levels of assurances with the developer and property owner and for Adams County. Planner Tibbs answered questions from Council regarding:
• The property owner taking this much time to figure out that the permit had expired in June, 2014 and that annexation was needed.
• The timeline being firm or the ability for it to be condensed.
Motion by Councilmember Martinez, seconded by Councilmember Humbert, to approve
Resolution 2015-112. 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. UTILITIES BUSINESS ITEMS
9. GENERAL BUSINESS
10. REPORTS
A. By the Mayor.
B. By Department Heads.
Public Information and Community Services Director Kristen Chernosky reminded everyone that Eco-Fair is this Saturday at Carmichael Park, Trash Bash is Friday and Saturday at the Wastewater Treatment Plant, the Chemical Roundup is this Saturday in Thornton and the Good, Clean, Fun event is postponed until spring.
C. By the City Attorney.
D. By the City Manager.
11. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Humbert attended the Parks and Recreation Advisory Board Meeting, the Adams County Economic Development meeting, the Eagle View Adult Center car show and the Dog Paddle Day at the Oasis Water Park.
Mayor McLean attended an E-470 meeting.
Mayor Pro Tem Wallin reported that the Youth Commission are working to promote voter registration. Mayor Pro Tem Wallin attended a CML meeting with Senator Gardner and announced that there will be a Ward 1 meeting for residents with root beer floats at Bergman Park on Sunday.
Councilmember Edwards attended the Multi-Chamber meeting at the Armory, the 9-11 Memorial Tribute at the Fire Station, the Eagle View Adult Center Car Show and the Senior Advisory Board meeting. Ward 4 will host a meeting for residents with strawberry shortcake.
Councilmember Martinez attended the 9-11 Tribute at the Fire Station and thanked all of the emergency service organizations for their hard work. The Brighton Housing Authority will hold their Applicant Assistance Resource Fair at the Armory tomorrow.
Councilmember Kreutzer attended the Parks and Recreation Advisory Board Meeting, and reported that Ward 3 will host a meeting for residents with ears of corn on September 26th at Carmichael Park.
Councilmember Kniss asked for nominations of cultural arts champions in the community. The Eye for Art exhibit will be taken down in two (2) weeks and new pieces will be up October 3rd. The Legacy Foundation will host a 5k Barr Lake Ghost Run fundraiser on October 24th. Councilmember Kniss attended the Platte Valley Medical Center annual report meeting, the 9-11 event at the Fire Station and the first Brighton High School football game.
12. EXECUTIVE SESSION
For a conference with the City Attorney for the purpose of receiving legal advice on specific legal
questions under C.R.S. Section 24-6-402 (4)(b) regarding Safety
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Martinez, to go into Executive
Session at 8:53 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
13. ADJOURNMENT
Motion by Councilmember Martinez, seconded by Councilmember Humbert, to adjourn at 8:54
p.m. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
CITY OF BRIGHTON, COLORADO
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ATTEST: Richard N. McLean, Mayor
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Natalie Hoel, City Clerk
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Approval Date