City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, August 6, 2019
7:00 PM
Council Chambers
City Council
MAYOR - KENNETH J. KREUTZER
MAYOR PRO-TEM - JW EDWARDS
COUNCIL MEMBERS:
LYNN BACA, CLINT BLACKHURST, MARK HUMBERT,
MATT JOHNSTON, GREGORY MILLS, MARY ELLEN POLLACK,
KIRBY WALLIN
1. CALL TO ORDER
Mayor Kreutzer called the meeting to order at 7:00 p.m.
A. Pledge of Allegiance to the American Flag
Mayor Pro Tem Edwards led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call
Present: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca,
Councilmember Blackhurst, Councilmember Humbert, Councilmember
Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember
Wallin
2. APPROVAL OF REGULAR AGENDA
Motion by Councilmember Wallin, seconded by Councilmember Blackhurst, to approve the Regular Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
3. CONSENT AGENDA
A. Approval of the June 25, 2019 City Council Minutes
Motion by Councilmember Humbert, seconded by Councilmember Baca, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
4. CEREMONIES
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes)
6. PUBLIC HEARINGS
7. ORDINANCES FOR INITIAL CONSIDERATION
8. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BRIGHTON AND SCHOOL DISTRICT 27J TO ESTABLISH THE CRITERIA FOR THE SHARING OF INFORMATION CONCERNING THE CHARGING, ADJUDICATION AND CONVICTION OF JUVENILES CHARGED WITH MUNICIPAL ORDINANCE OFFENSES, EXCLUDING TRAFFIC OFFENSES, WHICH HAVE OCCURRED WITHIN THE CITY BY JUVENILES WHO ARE OR HAVE ATTENDED SCHOOL WITHIN SCHOOL DISTRICT 27J; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor Kreutzer read the title of the Resolution into the record.
Acting City Manager Marv Falconburg introduced Chief of Police Paul Southard.
Chief of Police Paul Southard explained that the Legislature passed laws in 2000 requiring the Board of Education of each School District operating within the state to formulate and implement a Safe School Plan for all of the schools within each of the districts. A component of the Safe School Plan for all schools was to arrange for sharing of information related to the adjudication and conviction of juveniles who had been or are currently enrolled in schools in the district. In 2006, the City of Brighton and School District 27J entered into a substantially similar Memorandum of Understanding (MOU). Criteria for provision of information by the City: Information in possession of the Brighton Municipal Court, Information shall be disclosed upon request by the schools. Information shall be provided to a designated School District representative. Information includes dependency and neglect matters related to a student at the school. Other health or medical records: the Court may provide information about municipal offense convictions, charges, adjudications and deferred prosecutions, deferred judgement, adjudication and diversion. Criteria of information provided by the City: information in possession of the Brighton Police Department. All law enforcement written reports concerning a student shall be disclosed upon request to the designated district representative of a school for which the student is or will be enrolled. This provision does not apply to mental health records. Upon arrest, any juvenile student, which is in the opinion of the Brighton Police Department rises to the level of a public safety concern, the Police Department will notify within 72 hours the designated district representative of the school in which the student is or will be enrolled. The City of Brighton, the Brighton Municipal Court and the Brighton Police Department shall establish criteria by which the juvenile’s information may be shared with the School District. The MOU shall commence on the date of the last signature for an initial term of ten years concluding September 30, 2029 and thereafter may be renewed for an additional term of five years upon written MOU by the parties. Approval of the MOU would assure continued cooperation concerning information sharing between the City and 27J Schools. Declining approval would hinder the School District’s ability to formulate a Safe School Plan. This statute has been in place for some time and the City and School District currently operate under this MOU for sharing of information. Some of the cases that have been solved or kept from happening are the result of sharing this type of information.
T’Nell Page, Brighton. Ms. Page expressed concern regarding PDF files on the website and students in the schools being treated with bias because of this program.
Jo Pinto, Brighton. Ms. Pinto expressed concern regarding the number of people that would have access to this information in the schools.
Chief Southard explained that this information is protected so the students are not treated different.
Chief Southard and City Attorney Jack Bajorek answered questions from Council regarding:
• The rights of students being protected.
• Juveniles being protected under the privacy act.
• A history being kept if a juvenile is arrested.
• The ability for the Superintendent to look up a student’s record without the information coming from the Police Department.
• The information an employer could obtain on an adult employee.
• The ability for the School Resource Officer to be the point of contact for this information and not the school.
• Violent acts being stopped because of this program.
• The ability to have a plan for safe schools without this program.
• Any changes between the previous MOU and this MOU.
• The need to approve this because the term for the previous MOU ended.
Motion by Councilmember Wallin, seconded by Mayor Kreutzer, to continue the Resolution to September 17, 2019. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Johnston, Councilmember
Mills, Councilmember Pollack, and Councilmember Wallin
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF PERFORMANCE CONSTRUCTION AND AWARDING THE CONTRACT FOR BROMLEY FARM CARRIAGE HOUSE CONSTRUCTION, PROJECT #19-019, TO PERFORMANCE CONSTRUCTION IN THE AMOUNT OF EIGHTY TWO THOUSAND ONE HUNDRED SEVENTY NINE DOLLARS ($82,179.00), WITH NO CONTINGENCY FUNDING, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor Kreutzer read the title of the Resolution into the record.
Acting City Manager Falconburg introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle presented the Bromley Farm Carriage House Construction Project. In 2016, the rehab of the buildings at the Bromley Farm were completed except for the interior of the barn. The Barn will be rehabilitated into an event space in 2020. In 2017, the City received the donation of a restored circa 1880 carriage. Indoor storage is needed for the carriage and other equipment that is used for the operation of the farm. Funds for the project have been budgeted in the Parks and Recreation Capital fund. Staff advertised the project in June and five bids were received. Staff recommends awarding the project to Performance Construction; the lowest most responsive bidder for $82,179. Director Wardle and Historic Preservation Commission member Jo Pinto answered questions from Council regarding:
• The total amount that has been spent on this property.
• The operator of the farm working for profit.
• The value of the carriage.
• The ability to store the carriage at a different location.
• The lease allowing the operator full use of the barn.
• The expectation that the barn would be useful for the operator’s business.
• The tent on the property being temporary.
• Payments being received from the operator of the farm.
• The necessary documents being received from the contractor.
• An opportunity to recoup the cost of this project.
• The cost savings for the City for not having to maintain the property.
• An educational use for the facility for students.
• The ball fields in the City paying for themselves.
• The pools or recreation center paying for themselves.
• Any private or personal companies making a profit from use of City facilities.
• A solicitation having been done for the operators of the Bromley Farm.
• The reason the City purchased the Bromley Farm.
• The history of the Bromley family in Brighton.
• Grants being available to help pay for this project.
• The length of time the contractors are obligated to hold the pricing.
Resolution fails for lack of a motion.
9. UTILITIES BUSINESS ITEMS
Ordinances
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING SECTION 13-4-140 OF THE BRIGHTON MUNICIPAL CODE REGARDING WATER SERVICE ALONG BRIGHTON ROAD BETWEEN 120TH AND 128TH AVENUES (FIRST READING)
Mayor Kreutzer read the title of the Ordinance into the record.
Acting City Manager Falconburg introduced Infrastructure Director Mike Woodruff.
Infrastructure Director Mike Woodruff presented an amendment to the Municipal Code Section 13-4-140, service outside the City. Pursuant to a 1997 Settlement Agreement and amended in 2010, an 8” distribution line was conveyed to the City by South Adams County Water and Sanitation District (SACWSD) in order to provide water service to certain qualifying homes along Old Brighton Road from 120th Avenue to 128th Avenue due to groundwater quality issues. Community Development staff was contacted in September 2018 by the responsible party inquiring about water service in the subdividing of a property. The inquiry was sent to the Utilities Director at the time. After review, the Utilities Director supported providing service to this area but felt that it did not comply with the existing Code so it was deferred to the City Manager. This information was given to the City Attorney who drafted an Ordinance, but nothing further happened at that time. Director Woodruff was asked to bring this item forward by the City Manager in the spring. Staff and the City Attorney worked to bring this item to City Council for consideration. There is a unique situation in this area because of contaminated groundwater wells. This was the reason the water line was installed and conveyed to the City. The City does currently provide water service to homes in that area. There are municipalities in the Metro area that provide water and sewer service to properties that are not annexed. This is a permanent solution to the properties in this area as it is being serviced now. All fees incurred would be the responsibility of the property owner requesting the outside service. The property owner would then be billed for water usage and maintenance costs. Director Woodruff does not know who determined that the wells were contaminated, but Tri-County Health, the U.S. Army and SACWSD were all involved.
This Ordinance only pertains to this area; it does not pertain to any other service outside of the City. The Ordinance is drafted on a case-by-case basis. The property owner would pay 1 ½ times the standard utility rate for water usage, the payment of any fees and charges for any other property would be required for this property. The owner would submit a petition for annexation, once annexation becomes available to that property. The property is currently zoned as Estate Residential and is not annexed into the City, but it is in the City’s planning growth area. The only properties that can be served are those along Old Brighton Road between 120th and 128th Avenue. City Council could impose additional conditions as they deem appropriate and all conditions and obligations imposed by the City for water service shall be binding on future property owners, successors or assigns. This shall be recorded with the Adams County Clerk and Recorder at the property owner’s expense.
Staff has received a request from the Metro Wastewater District. The Second Creek pipeline will be coming through this area and they have asked about the possibility of providing service to a dosing station located near 124th Avenue as it crosses Old Brighton Road. If there is a formal request, it would be brought to Council for consideration.
Roger McCarty, Thornton. Mr. McCarty spoke about the dream of his son to build a home on this property that was passed down to his son from his grandparents. The wells are contaminated and without water service from the City, there is no way to have water for the home. The property owner will pay for the tap fees and the water.
Shelly Cunningham, Brighton. Ms. Cunningham asked questions regarding the number of people benefitting from this action, the number of times the property would be split, and how the fees would be paid.
Eric Heinz, Brighton. Mr. Heinz spoke about his connection and dedication to the City of Brighton and his dream of building a home on the property that has been in his family since 1974. Mr. Heinz asked for Council to consider approving this tap.
Director Woodruff and City Attorney Bajorek answered questions from Council regarding:
• The property being located in unincorporated Adams County.
• The property being located closer to Brighton or Commerce City.
• The line being installed by SACWSD and paid for by the Army Corps of Engineers due to contamination from the arsenal.
• The line serving this area at no cost to the City of Brighton.
• This being the only area that the City provides water to that is located outside the city limits.
• The cost for the water being 1.5 or 2 times the regular rate for water.
• The reason these customers are paying 1.5 times the regular rate for water.
• Others being able to subdivide their property and get a new tap in the future.
• The history of the water line.
• The line being conveyed to the City by SACWSD.
• This property being located in the City’s growth area.
• The size of the property.
• The method this Code amendment was brought to Council.
• There being a personal connection between the property owner and any Councilmember.
• Clarification of condition #7 in the Resolution.
• The number of households being served on this water line.
• The rate that is currently being paid by users of water on this line.
• The timing to annex a property into the City.
• The timing for the approval of this Ordinance.
• The ability to schedule this item after the report is received from the rate consultants.
City Council discussed changing the water rate from 1 ½ times the water rate to the rate that City residents are being charged.
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Pollack, to approve the Ordinance as amended. Motion passed by the following vote:
Aye: 9 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca,
Councilmember Blackhurst, Councilmember Humbert, Councilmember
Johnston, Councilmember Mills, Councilmember Pollack, and Councilmember
Wallin
Mayor Kreutzer called for a break at 9:33 p.m.
Mayor Kreutzer reconvened the meeting at 9:43 p.m.
10. GENERAL BUSINESS
A. Scope of Work - RFP Forensic Audit
Acting City Manager Falconburg introduced Interim Finance Director Maria Ostrom.
Interim Finance Director Maria Ostrom explained that City Council gave direction for staff to proceed with the City’s standard procurement process and to complete a formal Request for Proposal (RFP) for the forensic audit. Interim Director Ostrom asked City Council for feedback on a draft scope of work that was drafted for consideration. City Council members discussed the process for the forensic audit and Interim Director Ostrom and City Attorney Bajorek answered questions from Council regarding:
• The reason the source of funds for 2019 was not included.
• The number of RFP’s going out to firms.
• The audit funding performing to the policy that was set.
• The methodology used to communicate with Council and the public.
• The need for milestone updates to Council.
• The need to know who the investors were for the 2016 callback on the bond.
• The need to make sure there is no conflict of interest for the firm performing the audit.
• The information given to Council that water could not be provided unless rates were raised.
• The ability for the auditors to look at information given to Council regarding raising the water rates.
• The ability for the auditors to explain why projects were canceled and any funds that were re-appropriated.
• The way the auditor would be selected, by a citizen committee.
• The length of the RFP process.
• The need to discuss the process for a committee at an upcoming Study Session.
• Any Councilmembers making recommendations to staff regarding the forensic audit process.
• The need to take formal action on this item.
• The possible actions that would be taken by a citizen committee.
11. REPORTS
A. By the Mayor
Mayor Kreutzer attended the ADCOG meeting, the ACED site selection panel, the tour of the Bromley Farm with the contingency from Japan, the Adams County Fair parade, the Colorado Air and Space Port meeting, and the 27J Schools new Teacher luncheon.
B. By Department Heads
Economic Development Director Michael Martinez invited City Council to the Texas Roadhouse groundbreaking on August 23rd.
Interim Finance Director Maria Ostrom explained that a tier credit would be applied to the water bills due to a 36-day billing cycle last month. The meter-reading calendar has been reworked and there will not be a billing cycle of more than 31 days moving forward.
Infrastructure Director Mike Woodruff updated City Council on the AMI meter reading system.
C. By the City Attorney
D. By the City Manager
Acting City Manager Falconburg updated City Council on the See, Click, Fix app now available to residents and the fire at the building located at 301 South Main Street.
12. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Johnston attended and the Adams County Fair and the City Camp Out event.
Councilmember Humbert attended the In Home Daycare Session and the Adams County Fair.
Mayor Pro Tem Edwards attended the ADCOG meeting and the Adams County Fair parade.
Councilmember Mills attended the In Home Daycare session and the Adams County Fair.
13. EXECUTIVE SESSION
Motion by Mayor Pro Tem Edwards, seconded by Councilmember Baca, to go into Executive Session at 10:26 p.m. for discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees regarding the City Attorney Contract & Review process and 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 Medical Center Drive and E-470 Authority.
Councilmember Johnston asked how many votes are needed to go into Executive Session. City Attorney Bajorek explained that the City Charter requires a simple majority of those present and State law requires 2/3. City Attorney Bajorek would recommend following state law with the more restrictive number.
Councilmember Mills asked if the person in question has asked that this be discussed in Executive Session. City Attorney Bajorek stated that he has not requested this item to be discussed in public. Joseph Rivera explained that if a matter is to be discussed in Executive Session regarding an employee, that employee would have to ask that it not be discussed in Executive Session.
Motion passed by the following vote:
Aye: 6 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, and Councilmember Mills
No: 3 - Councilmember Johnston, Councilmember Pollack, and Councilmember Wallin
Councilmember Johnston did not attend the Executive Session.
Mayor Kreutzer reconvened the meeting at 11:03 p.m.
Motion by Councilmember Mills, seconded by Councilmember Pollack, to extend the meeting to 11:15 p.m. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Johnston
Mayor Kreutzer reconvened the meeting at 11:15 p.m.
14. ADJOURNMENT
Motion by Councilmember Wallin, seconded by Councilmember Mills, to adjourn at 11:16 p.m. Motion passed by the following vote:
Aye: 8 - Mayor Kreutzer, Mayor Pro Tem Edwards, Councilmember Baca, Councilmember
Blackhurst, Councilmember Humbert, Councilmember Mills, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Johnston
CITY OF BRIGHTON, COLORADO
_____________________________
Kenneth J. Kreutzer, Mayor
ATTEST:
______________________________
Natalie Hoel, City Clerk
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Approval Date