City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes
Tuesday, June 2, 2015
7:00 PM
Amended
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.
Councilmember Humbert led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call.
2. CONSENT AGENDA
A. Approval of the May 5, 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: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
3. APPROVAL OF REGULAR AGENDA
Assistant City Manager of Development Marv Falconburg explained that the items listed in Item 11C have been amended.
Motion by Councilmember Kreutzer, seconded by Councilmember Edwards, to approve the
Regular Agenda as amended. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
4. CEREMONIES
A. Introduction of New Employees by Human Resources Director Karen Surine
Human Resources Director Karen Surine introduced Colleen Geoghan, Accountant II and Liliana Rojas, Administrative Assistant and gave a brief history of their background.
Mayor McLean and City Council welcomed the new employees to the City of Brighton.
B. International Code Council (ICC) Certification for Permit Technician for Jennifer
Holmes and Tiffiny Cruz
Community Development Director Holly Prather recognized Jennifer Holmes and Tiffiny Cruz for receiving certifications for Permit Technicians from the International Code Council (ICC). The City of Brighton now has a fully certified Building Division.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA
(Speakers limited to five minutes)
6. PUBLIC HEARINGS
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.
Mayor McLean opened the public hearing at 7:09 p.m. and City Clerk Natalie Hoel verified the required postings and publications (May 20, 2015 in the Standard Blade) for this public hearing were completed.
Historic Preservation and Long Range Planner Aja Tibbs explained that this application is for the Chapel Hill rezoning. The applicant is Brad Whitfield, the majority owner is Larsen Real Estate LLC and there are two (2) individual homes in the area owned by Joann and Danny Briggs Living Trusts and Susan Cvancara. They have all signed the application and have consented to the request.
The property is located north of Bridge Street along Chapel Hill Drive between Telluride Street and the Tower Road alignment. The request is to rezone the single-family lots which are currently zoned R-1-A (Single and Two Family Residential) and two (2) drainage tracts currently zoned R-3 (Multiple Family Residential) and C-O (Commercial Office) to PUD (Planned Unit Development). The entire area from Bridge Street to the Preserve Subdivision was zoned through Ordinance 1709 on September 18, 2001 and was later subdivided into two (2) filings. The first filing was the large commercial lot located on the east side of the property along Bridge Street. Filing No. 2 established three (3) commercial lots on the west side of the property, the multi-family lots, twenty-six (26) residential lots and drainage and landscape lots. There has been development on the site from the Chapel Hill Church along Bridge Street and the two (2) existing residential lots that have been developed.
The applicant has requested to rezone to a PUD the single-family lots and a couple of drainage tracts. The reason for the PUD is to address revisions to setback requirements since there is a unique layout for the shape of the lots. The typical zone district standards for front, side and rear setbacks are difficult to establish within these unique lot layouts. The PUD had to be unique to address how setbacks and structures could be placed on the lots. The PUD also addresses HOA maintenance. Staff has learned a lot about how properties should be maintained and how to address HOA’s. Since the original subdivision filings for this area there have been new regulations for PUD’s. There are also improved landscaping and architectural requirements and standards through this PUD. This is a unique development that will not have property fencing or accessory structures but there will be a high standard on landscaping and architectural design for the development. The applicant is also asking to remove the duplex land use that was originally established with the R-1-A zoning. Single-family detached residential is also allowed through R-1-A, but this PUD does address that they are all single-family detached residential.
In consideration of this request staff refers to the Land Use and Development Code and there are four (4) criteria for rezoning including compliance with the Comprehensive Plan. This property was designated in the Comprehensive Plan as Medium Density Residential which does allow single-family detached residential as well as some limited attached. The request to remove the duplex use does not put them out of compliance with the Medium Density designation. Policy 2.8, Neighborhood Structures talks about the City encouraging a mix and variety of residential development including houses, sizes, prices, lot layouts and shapes and this is a unique development from what is seen in the area. The second criteria to meet is compliance with the Land Use and Development Code within the zone district. The applicant is requesting a PUD so staff reviewed the application to the development standards, approval criteria and the submittal requirements for a PUD and this proposal complies with all of those. The third criteria is consistency with the purpose and intent of the Land Use and Development Code. The applicant is requiring additional requirements which is an improvement above what is already in the Land Use and Development Code. Compatibility with the surrounding areas is the fourth criteria to meet for a rezoning request. The property to the north is the Preserve PUD and are all single-family detached residential uses so there is nothing in the proposal that is any less compatible than what was originally proposed and is still compliant with the surrounding areas. Staff finds that the proposed PUD is in compliance with the Land Use Regulations and Development Code. This was presented to the Planning Commission at a public hearing on May 12, 2015 and the Commission made a unanimous recommendation of approval to City Council. All notification requirements were met for this public hearing and staff has not received any public comment.
Mayor McLean asked if the applicant would like to add anything to the presentation.
Jerry Orten with Orten, Cavanagh & Holmes, 1445 Market Street. Mr. Orten is here on behalf of the applicant Brad Whitfield representing the primary landowner Larsen Real Estate. This is a rezoning application which will remove the duplex designation and creating just single-family lots within the residential portion of this development. This project started approximately ten (10) years ago and did not make it through the great recession. Vacant land was acquired by the lender and was sold to the primary applicant Larsen Real Estate. They would like to develop this property under the PUD with single-family homes on custom lots. This is a custom site that is unique to Brighton and adds to the diversity of Brighton’s housing stock. It is consistent with the neighborhood and does include two (2) beautiful homes that are currently occupied. There is currently one (1) home for sale and there are additional properties that are under consideration for development with the passage of this PUD and some other requirements being met by the applicant. Mr. Orten views these changes as consistent with the Comprehensive Plan and Land Use and Development Code and certainly compatible with the surrounding areas. This property is bounded on the east and west by unincorporated areas of the City. With regard to other areas of the City this is similar to those but different because of the custom nature of the property and the lots. These lots are of an unusual size so the typical setbacks that would be for platted properties are not applicable and that is why this PUD application was made. A Homeowners Association has been formed and covenants will be placed on the property. An extensive design review process as well is in process with the applicant. The applicant asked Council for their favorable consideration and approval of the Ordinance.
Mayor McLean asked if anyone in the audience had questions for the applicant, there was 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.
Mayor McLean disclosed that he has placed a down payment on one of the lots in this development.
Councilmember Edwards asked what makes the setbacks unusual compared to typical setbacks. Historic Preservation and Long Range Planner Tibbs explained that most lots are square and have front, rear and side setbacks but some of these lots are pie shaped so this PUD proposes setbacks from the street and there are easements along the sides of the interior property lines that they would not be able to build in. Councilmember Edwards asked what the setbacks are from the street. Planner Tibbs reported that they would be 20’ like those in Bromley Park.
Councilmember Kniss reported that this is an interesting property and is happy to see this development in the City of Brighton.
Mayor McLean closed the public hearing at 7:25 p.m.
Motion by Councilmember Edwards, seconded by Councilmember Kreutzer, to approve the
Ordinance. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
7. ORDINANCES FOR INITIAL 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 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; AND SETTING FORTH
DETAILS IN RELATION THERETO
Mayor McLean read the title of the Ordinance into the record.
Assistant City Manager Falconburg introduced City Attorney Margaret Brubaker.
City Attorney Margaret Brubaker explained that this Ordinance will amend Article 2.65 and Article 5.8 of the Municipal Code relating to alcoholic beverages. The purpose of the Ordinance is to implement direction from the City Council in conjunction with discussions with the City Clerk’s Office, the Prosecuting Attorney and the Police Department to indicate that it might be appropriate to change the organization of the Liquor Licensing Authority and put in its place a hearing officer. The purpose is to facilitate customer service in regard to licensees and to allow for some administrative processes to be done by the City Clerk’s Office so there would not be a need for the licensees to come before the Authority. The hearing officer would decide on show cause hearings, new license applications and any items that require hearings before the public.
Section 1 of the Ordinance generally designates the local Licensing Authority as the hearing officer to be appointed by the City Council and can be removed with or without cause by the City Council. There is a statement in the Ordinance that once the hearing officer is in place some rules of procedure will be drafted and provided to City Council so they are aware of what the hearing officer will be doing in this process. All of the membership provisions that were previously in the Ordinance have been deleted. The City Attorney’s Office will still be available in an advisory capacity to the hearing officer. Section 3 sets the duties of the City Clerk and they are very specific and consistent with the Liquor Code regarding what can be done administratively. There is also a process by which the City Clerk can refer any matter to the hearing officer for consideration if there are any issues or concerns with an application. Section 4 is just another definition of the hearing officer. Section 5 adds the City Clerk and some discretionary obligations and rights of the Clerk. Section 6 deals with Tasting Permits. This is more detailed because there are special requirements in the Liquor Code regarding tastings that might need the assistance and oversight of the hearing officer and cannot be done administratively. Posting of the property is required for Tastings Permits and if there are any objections filed the application will automatically be referred to the hearing officer for consideration. The same is true in Section 7 regarding Special Event Permits. These could be issued administratively unless there is a protest or issue and then it would be referred to the hearing officer. There is nothing in the Ordinance regarding training for licensees. In discussions with the City Clerk it would be recommended that the training guidelines be placed in the form of a Resolution so that it can be amended and changed more easily than the Ordinance. There will be additional discussions with input from City Council and further discussions with the Police Department regarding how the training should occur. City Attorney Brubaker recommends getting Council input tonight and there can be changes made at the final reading of the Ordinance and then a Resolution will be presented to set out the training process.
City Attorney Brubaker answered questions from Council regarding:
• Clarification on the one-time certification or every three (3) year certification.
• Clarification regarding the “no video training/in person training”.
• Clarification regarding the meeting schedule for the hearing officer.
• The timeline for the notice of hearing.
Motion by Councilmember Humbert, seconded by Councilmember Kniss, to approve the
Ordinance. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, 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.
Assistant City Manager Falconburg introduced City Attorney Margaret Brubaker.
City Attorney Brubaker explained that this Ordinance will approve an Oil and Gas Lease with Ward Petroleum Corporation. Ward has filed a series of applications with the Colorado Oil and Gas Commission to establish a six hundred forty (640) acre drilling and spacing unit in Section 4 in Adams County and also an order for pooling of interests. Special Oil and Gas Counsel Matt Sura has met with representatives of Ward over the past several weeks and has negotiated a lease which he believes is in the best interest of the City. The lease is for 34.6 net acres with a $2,500.00 initial bonus consideration, royalty at 20%, a three (3) year term and a shut in clause providing for a term not to exceed two (2) years. Legal Counsel recommends approval of the lease. City Attorney Brubaker and Ward representative Kent Craig, 215 West Oak, Suite 1000, Fort Collins, Colorado 80521, answered questions from Council regarding:
• This being the first approval of an oil and gas lease under the new Ordinance.
• Clarification of the shut in clause
Motion by Councilmember Humbert, seconded by Councilmember Kreutzer, to approve the
Ordinance. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
8. ORDINANCES FOR FINAL 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.
Assistant City Manager Falconburg reported that there have not been any changes since first reading and noted that the Amendment provides that the City is collecting 100% of the fees and returning a portion of those fees based on the construction of the infrastructure. Assistant City Manager Falconburg introduced Todd Lambert.
Todd Lambert, The Kroenke Group representing Prairie Center, 2466 South Benton Drive, Lakewood, Colorado. Mr. Lambert thanked City Council, City staff and the community for their continued support of the project. The Kroenke Group is proud of the development that has been built in the City and is excited about the renewed level of interest in the project. Prairie Center is a large, complicated project and it takes a successful partnership to deliver a successful project of this size. This amendment to the agreement will help to kick start the next phase of the project and will be a win, win for all.
Mayor McLean asked if there were any comments from the audience on the second reading of the Ordinance, there were none.
Motion by Councilmember Edwards, seconded by Councilmember Kniss, to approve Ordinance
2207. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
9. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF COMMERCE CITY, COLORADO AND THE CITY OF BRIGHTON
FOR THE CREATION OF A JOINT SPECIAL WEAPONS AND TACTICS TEAM
Mayor McLean read the title of the Resolution into the record.
Assistant City Manager Falconburg introduced Chief of Police Clint Blackhurst.
Chief of Police Clint Blackhurst explained that this Resolution will approve a formal IGA with Commerce City regarding SWAT. The City currently has had two (2) officers working and training with the SWAT Team in the Brighton area for the past year. Chief Blackhurst introduced Deputy Chief of Police Paul Southard.
Deputy Chief of Police Paul Southard reported that the Brighton Police Department has partnered with Commerce City on the Victim Services program and the School Resource Officer (SRO) program. In the interest of sustainability this collaboration is much better for two (2) agencies to team up. The entities can provide better resources than if providing the service alone. The units can be better staffed and provide better services. Having a Commerce City Police Officer presence in Prairie View High School along with the Brighton Officer has created a valuable partnership with the SRO Program. Some of the student population lives in the Commerce City area and it is helpful to have someone that can make contact with these students after hours. Chief Blackhurst and Chief Smith have developed this IGA for the Brighton and Commerce City Councils for consideration. About a year ago two (2) Brighton officers competed for a place on the Team. Commerce City appointed four (4) people to the Team and hope to add more soon.
Some highlights of the IGA include sharing of in-kind services, equipment, personnel and special assets to create a shared SWAT Team as some of this equipment is very expensive. The Chief of Police in the jurisdiction where the incident is occurring will be in command of the SWAT Team. This will allow the units to make better informed decisions with this collaboration. Everyone will be learning more about running a SWAT operation, tactical decision making and all the decisions that are made in these kinds of operations. The team will transition to be made up of 60% Commerce City PD and 40% Brighton PD over time. This will consist of a Team of about twenty (20) members so eight (8) of them would be Brighton Officers. Special assets cost of 60% Commerce City and 40% Brighton. This was determined by using the ratio of population, calls for service and incident reports. Regarding the financial impact, there may be some cost for large items and that will be planned for over time. The cost for purchasing additional equipment for members will be approximately $4,500.00 each. It is the hope to add two (2) additional people to the Team next year and gradually grow to the eight (8) members. Chief Blackhurst and Deputy Chief Southard answered questions from Council regarding:
• Commerce City having already approved their budget for this Team.
Motion by Councilmember Kreutzer, seconded by Mayor Pro Tem Wallin, to approve Resolution
2015-57. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPOINTING DANIELLE HENNINGER AS A MEMBER OF THE
BRIGHTON HISTORIC PRESERVATION COMMISSION WITH A TERM TO JUNE,
2019
Mayor McLean read the title of the Resolution into the record.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Kniss, to approve Resolution
2015-58. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPOINTING KRISTEN HOOD AS A WARD 1 MEMBER OF THE
PARKS AND RECREATION ADVISORY BOARD WITH A TERM TO JANUARY,
2019
Mayor McLean read the title of the Resolution into the record.
Motion by Councilmember Humbert, seconded by Mayor Pro Tem Wallin, to approve
Resolution 2015-59. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
D. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF
UNDERSTANDING WITH WELD COUNTY FOR THE COLLECTION OF SALES
AND/OR USE TAX
Mayor McLean read the title of the Resolution into the record.
Assistant City Manager Falconburg introduced Finance Director Dan Frelund.
Finance Director Dan Frelund explained that this MOU with Weld County is for the collection of sales and or use tax. The County Clerk and Recorder requested this MOU for an update and change of name for the new Clerk and Recorder. This MOU authorizes the collection of sales and use tax on motor vehicles. These funds are collected and remitted to the City on a Monthly basis less a 5% collection fee. These are the same terms as the previous agreement.
Motion by Councilmember Edwards, seconded by Councilmember Kreutzer, to approve
Resolution 2015-60. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, FINDING GOOD CAUSE TO WAIVE THE FORMAL BID PROCESS
FOR THE “FISHING POND” PROJECT IN KEN MITCHELL LAKES CELL 1;
APPROVING A CONTRACT WITH CLAYSTONE CONSTRUCTION INC. IN THE
AMOUNT OF $98,871.70 FOR THE CONSTRUCTION OF THE “FISHING POND”;
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.
Assistant City Manager Falconburg introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle asked for approval of this Resolution finding good cause to waive the formal bid process for construction of the fishing pond in Ken Mitchell Lakes Cell 1 to Claystone Construction, Inc. in the amount of $98,871.70. The City received a Fishing is Fun Grant a few years ago from the State of Colorado which assisted in the building of the fishing pier in Ken Mitchell Park. One of the requirements of the grant was that a fish pond be built at the base of the fishing pier to serve as a refuge for fish when the pond is pumped dry for augmentation purposes. A proposal was solicited from Claystone Construction, Inc. to dig the pond. Claystone is currently working on behalf of the City in Ken Mitchell Cell 1 cleaning out the dirt from the bottom of the pond to increase the augmentation size of the lake. They have also done work in the past excavating shale so they are already familiar with the project and quoted the City a good price. Staff did solicit a second informal bid and that was in excess of $300,000.00 for the same work. Staff feels there is good cause to waive the formal bid requirement and use a contractor working there now. The Fishing is Fun Grant will provide the City with $60,000.00 toward the reimbursement of this construction. Director Wardle and Utilities Director Curt Bauers answered questions from Council regarding:
• The timeframe to get Cell 1 filled with water.
Motion by Councilmember Kreutzer, seconded by Councilmember Humbert, to approve
Resolution 2015-61. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
F. RESOLUTION AUTHORIZING THE SIGNING OF A GRANT AGREEMENT WITH
ADAMS COUNTY FOR MINI-GRANT FUNDING IN THE AMOUNT NOT TO
EXCEED $4,600.00 FOR THE CARMICHAEL PARK TREE PLANTING PROJECT,
AND AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE GRANT
AGREEMENT
Mayor McLean read the title of the Resolution into the record.
Parks and Recreation Director Gary Wardle explained that this Resolution authorizes the signing of a grant agreement for an Adams County mini-grant to plant trees in Carmichael Park. The City was awarded the $4,600.00 grant from Adams County. The work is scheduled to be done this Friday by a group of volunteers that will plant trees and replace mulch in the park. Director Wardle answered questions from Council regarding:
• The use of trees from Autumn Nursery.
• The time the volunteers will begin planting on Friday.
Motion by Councilmember Kniss, seconded by Councilmember Edwards, to approve
Resolution 2015-62. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
G. RESOLUTION AUTHORIZING THE SIGNING OF A GRANT AGREEMENT WITH
ADAMS COUNTY FOR GRANT FUNDING IN THE AMOUNT NOT TO EXCEED
$983,650.00 FOR THE "CFRT (COLORADO FRONT RANGE TRAIL) ALONG THE
SOUTH PLATTE RIVER" PROJECT; AND AUTHORIZING THE CITY MANAGER
TO SIGN AND EXECUTE THE GRANT AGREEMENT
Mayor McLean read the title of the Resolution into the record.
Parks and Recreation Director Gary Wardle explained that this grant is from Adams County Open Space to construct the Colorado Front Range Trail between the trailhead at Southern Street through Ken Mitchell to E-470. This grant is in the amount of $893,650.00 and is the second grant received for this project. The total project cost is 2.8 million dollars. The first grant of $900,000.00 was received from Great Outdoors Colorado to fund a portion of the project. Staff has applied for a third grant through the State Trails Grant Project and word has been received that the City was awarded the grant so this will be on a future agenda. These grants will provide most of the funding for the project and $560,000.00 will be included in the 2016 budget to complete the project. The project will be completed at the end of 2016 or early in 2017. Director Wardle answered questions from Council regarding:
• This portion completing the trail.
Motion by Councilmember Kreutzer, seconded by Councilmember Humbert, to approve
Resolution 2015-63. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
H. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO APPROVING THE ALLOCATION OF FOUR HUNDRED FIFTY FOUR
THOUSAND THIRTY EIGHT DOLLARS ($454,038) FROM THE
UNDERGROUNDING FUND AS PROVIDED IN THE FRANCHISE AGREEMENT
WITH UNITED POWER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTATION FOR SUCH ALLOCATION; AND AUTHORIZING
THE EXPENDITURE OF SAID FUNDS FOR THE SOUTHERN STREET, TOWER
ROAD AND CARMICHAEL PARK LIGHTING PROJECTS IN 2015
Mayor McLean read the title of the Resolution into the record.
Assistant City Manager Falconburg introduced Streets and Fleet Director Joe Smith.
Streets and Fleet Director Joe Smith explained that this Resolution will authorize the allocation of funds from the Undergrounding Fund that United Power supplies to the City through the Franchise Agreement. This request is for undergrounding for two (2) sections of Southern Street and a portion of Tower Road. Improvements will be made to Carmichael Park to clean up the area. Work will also be done to underground the lights along the roadway at Southern Street and Tower Road. There are funds in place to complete both of these projects. The City gains approximately $450,000.00 per year in this fund from United Power based on the power use in the City. There is about 1.2 million in the fund at this time so there is plenty in reserve for another project in the future. Director Smith answered questions from Council regarding:
• The timeframe for the paving of the roads.
Motion by Councilmember Edwards, seconded by Councilmember Humbert, to approve
Resolution 2015-64. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
I. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACCEPTING THE PROPOSAL OF LOGAN SIMPSON AND
AWARDING THE CONTRACT FOR THE COMPREHENSIVE PLAN UPDATE, RFP
#15-018, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY THOUSAND
DOLLARS ($190,000.00), 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.
Assistant City Manager Falconburg introduced Community Development Director Holly Prather.
Community Development Director Holly Prather reported that the last time the Comprehensive Plan had a major update was 1999. There were some small amendments in 2005 and 2006 with the South Sub Area Plan. A lot has changed in sixteen (16) years including population, growth, economic development and demographics since then so it is time for an update. This was approved in the budget for this year. Staff did an RFP for a consultant to come in and complete the Comprehensive Plan amendment. Five (5) people attended the pre-bid conference and three (3) submitted proposals. After interviewing all three (3) staff chose Logan Simpson because they proposed the best public engagement process and utilized a more grassroots approach to get the public involved in the process. Logan Simpson also demonstrated the competency and experience needed. They have done over twenty-five (25) Comprehensive Plans in this region and seven (7) of those have been in Colorado including Arvada, Fort Collins, and Longmont. They have also worked with Charlier Associates that will be working on the City’s Transportation Plan update and have contacted them to find a way to work the Plans together. Logan Simpson was also the low bidder for this project. Staff requests approval the proposal of Logan Simpson for the Comprehensive Plan Update. Director Prather answered questions from Council regarding:
• The start date and length of time for the completion of the update.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Humbert, to approve
Resolution 2015-65. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, 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 STORMWATER ENTERPRISE,
ACCEPTING THE STATEMENT OF QUALIFICATION FROM ENGINUITY
ENGINEERING SOLUTIONS, LLC, AWARDING THE CONTRACT FOR THE
STORMWATER MASTER PLAN PROPOSAL #15-025, TO ENGINUITY
ENGINEERING SOLUTIONS, LLC IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED FIFTY THOUSAND DOLLARS ($150,000), AND AUTHORIZING THE
MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE CITY
Mayor McLean read the title of the Resolution into the record.
Assistant City Manager Falconburg introduced Utilities Director Curt Bauers
Utilities Director Curt Bauers asked for approval to award the consulting contract for the creation of a Stormwater Master Plan which has not been reviewed since 2006. Procurement received seven (7) statements of qualification and staff interviewed four (4) of those firms on behalf of the Stormwater Enterprise. The Stormwater Master Plan for the City will be designed encompassing conceptual plans on the Adams County side that have largely been developed by the Urban Drainage and Flood Control District and will also develop a new conceptual Stormwater Master Plan for the Weld County side of town. Staff determined that the most qualified, responsive and responsible bidder for the Stormwater Master Plan consulting work for the City be Enginuity Engineering Solutions and recommend that the contract for the Stormwater Master Plan be awarded in the amount not to exceed $150,000.00 which is included in the 2015 budget.
Motion by Councilmember Humbert, seconded by Councilmember Kniss, to approve
Resolution 2015-66. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards,
Councilmember Humbert, Councilmember Kniss, and Councilmember
Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACTING BY AND THROUGH ITS WASTEWATER ENTERPRISE,
ACCEPTING THE PROPOSAL OF MARTIN/MARTIN, INC., AWARDING THE
CONTRACT FOR THE WASTEWATER MASTER PLAN PROPOSAL #15-023,
TO MARTIN/MARTIN, INC. 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.
Utilities Director Curt Bauers reported that this request is to update the Wastewater Master Plan that has not been modified since 2000. Procurement received statements of qualification from five (5) firms, staff interviewed three (3) of those firms and recommends Martin/Martin, Inc. as the most qualified, responsive and responsible bidder in an amount not to exceed $100,000.00 and these funds are included in the 2015 budget. Although the Northern Wastewater Treatment Plant is the ultimate treatment location the Master Plan is much more than that. It includes the collection system and conveyance of wastewater through the City to the treatment plan. This Plan will evaluate both the design and layout of the collection system and will look at the timing of the conversion of the existing plant to the Northern Treatment Plant. Director Bauers and Assistant City Manager Falconburg answered questions from Council regarding:
• The need for all of these separate Master Plans and if there is a way to combine them.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Kreutzer, to approve
Resolution 2015-67. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards,
Councilmember Humbert, Councilmember Kniss, and Councilmember
Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
11. GENERAL BUSINESS
A. Cyber Café Moratorium Update
City Attorney Margaret Brubaker reported that last year there was a proliferation of cyber or sweepstakes cafés and there was concern about the lack of regulations regarding these establishments. At that time City Council initiated a moratorium to allow staff time to study these types of establishments and to see what the legislature would do. In the interim the Attorney General issued the opinion that they are illegal and in this year’s legislative session the General Assembly adopted HB15-1047 which prohibits them. This is a very comprehensive legislation and it was indicated that it is of statewide concern so staff recommends that Council allow the moratorium that was extended to July 5, 2015 to lapse and there will not be a need to add anything to the Municipal Code to regulate these establishments because the legislation is sufficient. If Council agrees no action will be taken and the moratorium will cease on July 5, 2015.
B. Cancel the June 16, 2015 City Council Meeting
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Kniss, to approve Item 11B.
Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
C. Schedule a Special City Council Meeting on June 23, 2015 at 7:00 p.m. for the
Orchard Church Annexation, Chapel Hill Rezoning, Chapel Hill Development
Agreement Amendment, Liquor Code Amendment, Oil and Gas Lease, IGA with
Coplink, IGA with Adams County for CDBG Funds, Approval for Coordinated
Election with Adams and Weld Counties, Park Restroom Renovation Bid Award,
Water Systems Masterplan, Erger’s Pond Augmentation Station Contract Award and the Seventh Day Adventist Agreement.
Motion by Councilmember Humbert, seconded by Councilmember Kreutzer, to approve Item
11C as amended. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
12. REPORTS
A. By the Mayor.
Mayor McLean read a letter from the Indigo Trails, LLP thanking Council for their support of the Amendment to the Development Agreement and thanked staff for their hard work. Mayor McLean read a letter from the Community Reach Center thanking Council for their partnership.
B. By Department Heads.
C. By the City Attorney.
D. By the City Manager.
Assistant City Manager Falconburg announced that there will be a neighborhood meeting on June 8, 2015 at 6:30 p.m. to get input from the neighborhood on Ag-Tourism. The notice was sent to 1700 citizens in the area. There will be a meet and greet with Lochbuie on June 4, 2015 at 6:00 p.m. at the Eagle View Adult Center.
13. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Humbert attended the Bird Conservatory of the Rockies for the unveiling of their new branding, the Youth Summit last Friday, Coffee with a Cop with Commander Frank Acosta, the Boards and Commissions recognition dinner, the Fire Safety Fair, the My Summer Kickoff at the Library, and the Blues Blast. Culturefest is this weekend and the Full Moon Bike Ride is taking place tonight.
Mayor Pro-Tem Wallin attended the Imagine Summit, the Boards and Commissions dinner, and the Blues Blast. The Youth Commission is accepting applications for the Youth Commission and Youth Corps of Volunteers.
Councilmember Edwards attended the joint meeting with Economic Development, the Boards and Commissions dinner, the Fire District Expo and reported that the Splash Pad is a great success.
Councilmember Kreutzer attended the Platte Valley Ambulance vintage ambulance show and they put into service a new ambulance named after an EMT from Colorado that was killed in Iraq in 2003 Specialist Paul Nakamura. Councilmember Kreutzer was Master of Ceremonies for the senior breakfast. The students from Ziebice Poland have arrived.
Councilmember Kniss reported that the Legacy Foundation awarded $6,000.00 in scholarships to local students and will be awarding $2,000.00 as a continuing education scholarship for someone already in college. The Legacy Foundation will be hosting the Disc Golf Tournament on June 13th at Benedict Park. Councilmember Kniss attended the Blues Blast, the Fire Safety Expo, the Youth Summit, the Historic Preservation Luncheon, the Chamber dinner and the meeting with Economic Development.
14. EXECUTIVE SESSION
A. 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 Denver International Airport
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Edwards, to go into Executive
Session at 8:58 p.m. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
15. ADJOURNMENT
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Edwards, to adjourn at 8:59
p.m. Motion passed by the following vote:
Aye: 6 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Edwards, Councilmember
Humbert, Councilmember Kniss, and Councilmember Kreutzer
Absent: 3 - Councilmember Baca, Councilmember Bell, and Councilmember Martinez
CITY OF BRIGHTON, COLORADO
_______________________________
Richard N. McLean, Mayor
ATTEST:
_______________________________
Natalie Hoel, City Clerk
_______________________________
Approval Date