City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, October 17, 2017
7:00 PM
Amended
Council Chambers
City Council
MAYOR - RICHARD N MCLEAN
MAYOR PRO-TEM - KEN KREUTZER
COUNCIL MEMBERS:
LYNN BACA, REX BELL, JW EDWARDS
MARK HUMBERT, JOAN KNISS,
MARY ELLEN POLLACK, KIRBY WALLIN
1. CALL TO ORDER
Mayor McLean called the meeting to order at 7:00 p.m.
A. Pledge of Allegiance to the American Flag.
A local Boy Scout led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call.
Present: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Not Present: 1 - Councilmember Bell
2. CONSENT AGENDA
A. Approval of the September 19, 2017 City Council Minutes
Motion by Councilmember Wallin, seconded by Councilmember Edwards, to approve the Consent Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
3. APPROVAL OF REGULAR AGENDA
City Manager Philip Rodriguez asked that the Regular Agenda be amended to add General Business Items A, B, C, and D and asked that an Executive Session be added for legal advice regarding litigation support.
Motion by Councilmember Wallin, seconded by Councilmember Humbert, to approve the Regular Agenda as amended. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
4. CEREMONIES
A. Introduction of New Employees by Chief of Police Paul Southard and Administrative Services Director Karen Borkowski Surine
Chief of Police Paul Southard introduced Michelle Tyree, Code Enforcement Officer and Jaclynn Lyons, Victim Advocate Specialist.
Administrative Services Director Karen Borkowski Surine introduced Sarah Trevino, Utility Billing Clerk and Austin Creswell, Water Resource Engineer.
Mayor McLean and City Council welcomed the new employees to the City of Brighton.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA
(Speakers limited to five minutes)
Pastor Leon Luna, New Hope Ministries of Brighton. Pastor Luna expressed his concern regarding the drug problems in the City and expressed that he would like to have a place where young people with drug issues can go to get help to transition back into the community. Pastor Luna will host an outreach for the homeless event on October 28, 2017.
6. PUBLIC HEARINGS
A. A RESOLUTION ADOPTING THE 2018 BUDGET, AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS SPECIFIED BELOW IN THE AMOUNT OF $99,047,975, FOR THE CITY OF BRIGHTON, COLORADO, FOR THE 2018 BUDGET YEAR
Mayor McLean read the title of the Resolution into the record.
Mayor McLean opened the public hearing at 7:12 p.m. and City Clerk Natalie Hoel verified the required postings and publications (October 4, 2017 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Philip Rodriguez introduced Finance Director Jean Starr.
Finance Director Jean Starr presented the Resolution for the 2018 budget in the amount of $99,047,975.00 in the following funds:
Mayor McLean asked if anyone in the audience had questions regarding the budget, 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.
Councilmember Pollack asked if the $99,047,975.00 includes the budget reductions that were proposed during the Study Session last week. Director Starr reported that the budget does include those reductions. Councilmember Pollack expressed her concern and asked for a more itemized list of the departments and their proposed reductions. The reduction to public safety is a big concern. Director Starr explained that all of the budget reductions that were proposed do not affect personnel or benefits. There were all line items that the Department Directors determined could be set aside and would be revisited after fourth quarter 2017 revenue and first quarter 2018 revenue were evaluated.
Councilmember Kniss asked if the budget reductions included those that she proposed at the Study Session last week. Director Starr reported that it does not. This Resolution is a budget authorization so because an item was authorized, the City does not have to make the expenditure. Staff will bring those items back to City Council to authorize the actual expenditure of the funds. These items can be discussed and possibly funded through the Legacy Foundation. Councilmember Kniss reported that City Council has spent considerable time reviewing the budget.
Councilmember Humbert commended the City staff for going back through the budget to find items that could wait in order to reduce the budget by 2 million dollars.
Councilmember Baca asked for clarification of the budget reductions. Councilmember Baca understood that those items would be presented in the 2018 budget, are those items going to come back as an amendment to the 2018 budget? Director Starr reported that the budget will be reviewed after the first quarter of 2018 to determine if the revenues are coming in strong enough to bring those budget reductions back as a 2018 budget amendment. City Manager Philip Rodriguez explained that one of the substantial cuts was an additional expenditure to the Streets program than what was already budgeted. This is an item that staff would like to bring back if the revenues are available since this is a service that the residents are looking for. A lot of the smaller items that can be paused for right now will likely not come back in 2018. The more service delivery driven items will be more likely to be brought back if the revenues match. Councilmember Baca expressed concern about the mid-year budget spending amendments. Councilmember Baca would like the City to start strategizing funding and how that funding will be used.
Mayor McLean explained that one of the difficulties is that the City can forecast potential revenues but is never sure of the actual revenues until the year ends.
Director Starr explained that the City needs to move from a one year budget to long range planning for the budget. Staff will be working on that project in the next few months. The long term will begin as three (3) years and move into five (5) years for budget planning.
Mayor McLean closed the public hearing at 7:27 p.m.
Motion by Councilmember Humbert, seconded by Councilmember Edwards, to approve Resolution 2017-114 adopting the 2018 budget, and appropriating sums of money to the various funds and spending agencies in the amounts to be specified below in the amount of $99,047,975, for the City of Brighton, Colorado, for the 2018 budget year. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
7. ORDINANCES FOR INITIAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING A FRANCHISE AGREEMENT WITH COMCAST CABLE COMMUNICATIONS, LLC, GRANTING TO COMCAST CABLE COMMUNICATIONS, LLC A NON-EXCLUSIVE RIGHT TO SELL, FURNISH AND DISTRIBUTE CABLE SERVICES WITHIN THE CITY OF BRIGHTON; A NON-EXCLUSIVE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH THE CITY ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE CABLE SERVICES ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE FRANCHISE AGREEMENT; SPECIFYING THAT THE FRANCHISE SHALL BE EFFECTIVE UPON THE EFFECTIVE DATE OF THIS ORDINANCE AND FOR A TERM OF TEN (10) YEARS THEREAFTER; SETTING A FRANCHISE FEE OF 5% OF THE NET REVENUES OF COMCAST CABLE COMMUNICATIONS, LLC; PROVIDING FOR A SURCHARGE THEREFORE; PROVIDING FOR THE COLLECTION OF ‘PEG’ FEES TO SUPPORT THE CITY’S PEG OPERATIONS; AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT FOR AND ON BEHALF OF THE CITY 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.
City Manager Rodriguez introduced Information Technology and Innovation Director Jeromy King.
Information Technology and Innovation Director Jeromy King presented the Comcast Franchise Agreement. In order to provide cable services the cable companies have to use the public rights-of-way to install their equipment. The Franchise Agreement is between the City and the cable operator which includes terms, build out requirements, compensation for use of rights-of-way and protecting the rights and interests of the Brighton residents and subscribers. On January 24, 2002, Ordinance 1728 approved a Franchise Agreement with AT&T Cable Services (now Comcast), this agreement expired on January 24, 2017. On December 20, 2016 City Council approved a Resolution extending the Franchise Agreement to allow for sufficient time to complete negotiations. Staff has completed the negotiations for the renewal of the Franchise Agreement with Comcast. The term of the Franchise Agreement is for ten (10) years and would expire in 2026. In return for a non-exclusive right to use portions of the City’s rights-of-way, Comcast will remit franchise fees in the amounts of 5% of gross revenues to the City, this is the same percentage as the previous agreement. Comcast will collect $0.50 per subscriber for Public Educational and Government access fees (PEG channel) to support the City’s PEG operations. This has not changed from the previous agreement. This franchise will also allow the City the ability to activate one (1) high definition channel for its PEG operation. This agreement also allows for a one time grant of $12,500.00 to buy a server and related equipment to stream PEG channel content over the internet.
Upon approval or denial of the Franchise Agreement, the cable franchise renewal requires an Ordinance approved by City Council and an associated public hearing. Federal law presumes that the incumbent cable operator has the right to renewal of this franchise. Notice of the public hearing were published on September 27th, October 4th and October 11th in the Brighton Standard Blade. First reading of the Ordinance to approve the Franchise Agreement and the Ordinance to repeal Section 5-38 of the Brighton Municipal Code are being introduced tonight. These Ordinances will be published on October 25, 2017. The public hearing for the final reading of the Ordinance to approve the Franchise Agreement will take place on November 21, 2017. Final reading of the Ordinance to repeal Section 5-38 of the Brighton Municipal Code and a Resolution to approve the Customer Service Standards will take place on November 21, 2017. If approved by City Council, final reading of the Ordinances will be published on November 29, 2017 and per City Charter, the Ordinances will go into effect on December 4, 2017.
Director King explained that the City has the authority to adopt customer service standards related to the Comcast Franchise which can be adopted without the consent of Comcast. Comcast does have the legal authority to pass through to the subscribers the costs to comply with local regulations notwithstanding the fact that the City can adopt these standards without the consent of Comcast. These standards are based off of the Colorado Communications and Utility Alliance.
There is no direct financial impact associated with the Franchise Agreement. The amount of the franchise fee revenues the City receives depends on the gross revenues of Comcast. Staff recommends approval of the cable franchise agreement with Comcast.
Several Councilmembers asked that the Customer Service Standards be published on the City’s website.
City Attorney Margaret Brubaker answered questions from Council regarding:
• Clarification of the process regarding the public hearing taking place at final reading of the Ordinance.
• The funds received by the City of Brighton for the 5% of gross revenue by Comcast.
• The funds received being sufficient to operate the PEG channel.
• The fees allowing the City to continually have upgraded equipment for the PEG channel.
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Kniss, to approve the Ordinance approving a Franchise Agreement with Comcast Communications, LLC, granting to Comcast Cable Communications, LLC a non-exclusive right to sell, furnish and distribute cable services within the City of Brighton; a non-exclusive right to acquire, construct, install, locate, maintain, operate and extend into, within and through the City all facilities reasonably necessary to furnish, sell and distribute cable services all in accordance with the terms and conditions of the Franchise Agreement; specifying that the franchise shall be effective upon the effective date of this Ordinance and for a term of ten (10) years thereafter; setting a franchise fee of 5% of the net revenues of Comcast Cable Communications, LLC; providing for a surcharge therefore; providing for the collection of ‘PEG’ fees to support the City’s PEG operations; authorizing the Mayor to execute the Franchise Agreement for and on behalf of the City. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO REPEALING ARTICLE 5-28 CABLE TELEVISION SYSTEM OF THE BRIGHTON MUNICIPAL CODE; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Ordinance into the record.
City Manager Philip Rodriguez introduced Information Technology and Innovation Director Jeromy King.
Information Technology and Innovation Director Jeromy King explained that the Municipal Code Section 5-28 will have to be repealed to implement the new Cable Franchise Agreement with Comcast.
Motion by Councilmember Edwards, seconded by Councilmember Wallin, to approve the Ordinance repealing Article 5-28 Cable Television System of the Brighton Municipal Code; and setting forth other details related thereto. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
C. AN ORDINANCE OF THE CITY OF BRIGHTON, COLORADO AUTHORIZING AND
APPROVING THE LEASE-PURCHASE OF HEAVY EQUIPMENT FOR THE CITY AND PROVIDING DETAILS IN CONNECTION WITH THE LEASE FINANCING
Mayor McLean read the title of the Ordinance into the record.
City Manager Philip Rodriguez introduced Finance Director Jean Starr.
Finance Director Jean Starr presented an Ordinance regarding the lease-purchase of heavy equipment consisting of six (6) Freightliner Tandem Axle Dump Trucks at a cost of $268,044.00 each for a total cost of $1,608,264.00. An RFP was prepared whereby the City sought proposals for the lease-purchase financing of this equipment. Staff and the City’s financial advisor, Ehlers, recommend approval of the lease transaction. The Ordinance has delegations and parameters that must be adhered to in the final negotiation of this leasing transaction. They are that the financing amount may not exceed $1,650,000.00, payments under the lease agreement shall not exceed $350,000.00 or a total of $1,800,000.00 for all of the renewal periods, and the net effective rate for the interest rate cannot exceed 2.25% per annum. This Ordinance also authorizes who is able to execute and deliver the documents. The authorization to do the lease-purchase of the equipment will be awarded to Signature Public Financing Corp. a wholly-owned subsidiary of Signature Bank. Director Starr, Streets and Fleet Director Kimberly Dall and Assistant Streets and Fleet Director Michael Woodruff answered questions from Council regarding:
• The length of the term.
• The terms being finally determined at the final reading of the Ordinance.
• The number of trucks being purchased.
• The number of trucks being indicated in the agreement.
• The condition of the current fleet and what this upgraded equipment will do for the current fleet.
• The fleet increasing from six (6) very old trucks to eight (8) reliable trucks.
• The new vehicles being used for purposes other than snow removal.
• The age of the older equipment that will be replaced.
• The new equipment being able to more evenly disburse material.
Motion by Councilmember Humbert, seconded by Mayor Pro Tem Kreutzer to approve the Ordinance authorizing and approving the lease-purchase of heavy equipment for the City and providing details in connection with the lease financing. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
No: 1 - Councilmember Baca
Absent: 1 - Councilmember Bell
8. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ESTABLISHING CERTAIN BENEFITS FOR CITY PERSONNEL FOR THE 2018 BUDGET YEAR AND SETTING FORTH THE DETAIL RELATED THERETO
Mayor McLean read the title of the Ordinance into the record.
City Manager Philip Rodriguez introduced Administrative Services Director Karen Borkowski Surine.
Administrative Services Director Karen Borkowski Surine presented the second reading of the Ordinance for medical benefits totaling $7,312,625.44. The insurance provider will be United Healthcare. Employees will be charged $75.00 per month with a $50.00 incentive for participating in biometric testing. Spouses on the plan will be charged $75.00 per month with a $50.00 incentive for participating on biometric testing. There will not be any changes to the Telehealth Program, dental insurance or vision insurance. The City will offer Life/AD&D, Long Term Disability, and Short Term Disability through Lincoln. Flexible Spending Accounts will be offered and follow IRS guidelines. There is an employee assistance program and Recreation Center passes. There is a new retiree health savings program for sworn officers. Employees will have the opportunity to purchase long term care this year at no cost to the City.
Motion by Councilmember Kniss, seconded by Councilmember Humbert, to approve Ordinance 2267 establishing certain benefits for City personnel for the 2018 budget year and setting forth the detail related thereto. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING THE BRIGHTON MUNICIPAL CODE SECTION 1-27-30, (h) RELATED TO PUBLIC ACCESS TO RECORDS MAINTAINED IN SPECIFIED DIGITAL FORMATS; AND SETTING FORTH DETAILS IN RELATION THERETO
Mayor McLean read the title of the Ordinance into the record.
City Manager Philip Rodriguez introduced City Clerk Natalie Hoel.
City Clerk Natalie Hoel reported that this Ordinance is related to amending the Municipal Code regarding the formats that records are stored at the City and how those records are provided to the public through records requests. This is the final reading of the Ordinance and there have not been any changed since first reading.
Mayor McLean asked if there were any comments from the audience on the second reading of the Ordinance, there were none.
Motion by Councilmember Edwards, seconded by Mayor Pro Tem Kreutzer, to approve Ordinance 2268 amending the Brighton Municipal Code Section 1-27-30(h) related to public access to records maintained in specified digital formats; and setting forth details in relation thereto. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
9. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING LODGING TAX GRANTS FROM THE LODGING TAX FUND IN THE AMOUNT OF TWO HUNDRED SEVENTY FOUR THOUSAND SEVEN HUNDRED DOLLARS ($274,700) FOR CALENDAR YEAR 2018; DESIGNATING THE RECIPIENTS AND AMOUNTS OF SAID GRANTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS WITH THE RECIPIENTS OF THE 2018 ALLOCATION ON BEHALF OF THE CITY; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
City Manager Philip Rodriguez introduced Lodging Tax Committee Chairman Todd Brummond.
Lodging Tax Committee Chairman Todd Brummond presented the 2018 Lodging Tax grant recipients in the amount of $274,700.00. The grants will be awarded as follows:
A. BrightonMusic Choir and Orchestra Inc. “Brighton Music” $2,000.00
B. City of Brighton Arts and Culture- “2018 Art in the Park” $10,000.00
C. Office of Youth Services “Image Summit” $45,000.00
D. City of Brighton Special Events “2018 Summerfest Headliner” $7,000.00
E. Live at the Armory “2018 Concert Series” $75,000.00
F. Brighton Youth Commission “SPEAK Walk” $15,700.00
G. Brighton EDC “Brighton Business Improvement Plan” $50,000.00
H. Greater Brighton Convention & Visitors Bureau
“Discover Brighton” $65,000.00
I. Brighton Cultural Arts Commission “P.E.A.C.E Project” $5,000.00
Total Allocation: $274,700.00
Mr. Brummond answered questions from City Council regarding:
• The reporting process after an organization has received the funds for their project.
• The reason the Chamber of Commerce is being given a grant when they are a member funded organization.
• The grant for the Chamber of Commerce being used for salaries.
City Attorney Margaret Brubaker recommended that the Resolution be amended to change Item I (H) from the Brighton Chamber of Commerce to Greater Brighton Convention and Visitors Bureau.
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Baca, to approve Resolution 2017-115 approving Lodging Tax grants from the Lodging Tax Fund in the amount of $274,700.00 for calendar year 2018; designating the recipients and amounts of said grants; authorizing the City Manager to execute the agreements with the recipients of the 2018 allocation on behalf of the City; and setting forth other details related thereto as amended. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO CALLING FOR A SPECIAL MAIL BALLOT RUN-OFF MUNICIPAL ELECTION FOR MAYOR, WARD 1 AND WARD 2, IF NECESSARY, TO BE HELD ON DECEMBER 5, 2017; APPOINTING THE BRIGHTON CITY CLERK AS THE DESIGNATED ELECTION OFFICIAL; SPECIFYING THE AUTHORITY OF THE CITY CLERK REGARDING THE CONDUCT OF THE ELECTION; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
City Manager Philip Rodriguez introduced City Clerk Natalie Hoel.
City Clerk Natalie Hoel explained that this Resolution will meet the deadline requirements in the City Charter requiring that a Special Election must be called thirty (30) days before the election. This Resolution gives the City the authority to hold a Special Run-off Election on December 5, 2017 if necessary.
Motion by Councilmember Humbert, seconded by Councilmember Pollack, to approve Resolution 2017-116 calling for a Special Mail Ballot Run-off Municipal Election for Mayor, Ward 1 and Ward 2, if necessary, to be held on December 5, 2017; appointing the Brighton City Clerk as the Designated Election Official; specifying the authority of the City Clerk regarding the conduct of the election; and setting forth other details related thereto. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, DECLARING ITS OFFICIAL INTENT TO REIMBURSE ITSELF WITH THE PROCEEDS OF A TAX-EXEMPT LEASE-PURCHASE FINANCING FOR THE ACQUISITION OF SNOWPLOWS AND OTHER HEAVY EQUIPMENT TO BE UNDERTAKEN BY THE CITY
Mayor McLean read the title of the Resolution into the record.
City Manager Rodriguez introduced Finance Director Jean Starr.
Finance Director Jean Starr explained that this Resolution relates to the prior consideration of the leasing ordinance and will allow the City to reimburse and purchase the dump trucks prior to the completion of the leasing transaction, if necessary. In order to complete the lease-purchase transactions correctly there are a lot of timelines that must be met. The closing of the least cannot take place until thirty (30) days after final reading of the Ordinance. The closing is currently schedule for early December. The trucks may be ready to be paid for prior to the closing of the transaction. This Resolution allows the City to pay for the trucks when they are ready so there will not be a delay when the trucks are needed for snow removal.
Motion by Councilmember Wallin, seconded by Councilmember Humbert, to approve Resolution 2017-117 declaring its official intent to reimburse itself with the proceeds of a tax-exempt lease-purchase financing for the acquisition of snowplows and other heavy equipment to be undertaken by the City. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
D. CITY OF BRIGHTON, COLORADO 2018 ADOPTED ANNUAL FEE RESOLUTION,
RESOLUTION CHANGING AND RATIFYING CERTAIN FEES AND CHARGES ASSESSED BY THE CITY OF BRIGHTON
Mayor McLean read the title of the Resolution into the record.
City Manager Philip Rodriguez introduced Finance Director Jean Starr.
Finance Director Jean Starr presented the 2018 Annual Fee Resolution reflecting all of the fees that are to be charged by the City in 2018. The changes to the fees are limited to the Cemetery on charges to non-residents; a new fee for Municipal Court for new requirements for sealing records for adults; nominal increases for Animal Control; and nominal increases for Parks and Recreation for swim lessons and admin passes. These fees are only partially covering the cost to provide Recreation services. The total increased revenue from these fee increases is $77,500.00.
Motion by Councilmember Kniss, seconded by Councilmember Humbert, to approve Resolution 2017-118 approving the 2018 adopted annual fee Resolution changing and ratifying certain fees and charges assessed by the City of Brighton. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
E. A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2017, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF BRIGHTON, COLORADO, AND SETTING THE MILL LEVY AT 6.650 MILLS FOR THE 2018 BUDGET YEAR
Mayor McLean read the title of the Resolution into the record.
City Manager Philip Rodriguez introduced Finance Director Jean Starr.
Finance Director Jean Starr explained that this Resolution will set the mill levy at 6.65 mills, which has been the same since 2003 and staff is not requesting a change. This mill levy will provide $2,687,900.00 of property tax to be collected in 2018. Director Starr answered questions from Council regarding:
• The amount of money being collected changed over the years.
Motion by Councilmember Baca, seconded by Councilmember Pollack, to approve Resolution 2017-119 levying general property taxes for the year 2017, to help defray the costs of government for the City of Brighton, Colorado, and setting the mill levy at 6.650 mills for the 2018 budget year. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING A COMMITMENT IN PRINCIPLE OF THREE MILLION DOLLARS ($3,000,000) IN SUPPORT OF THE INFRASTRUCTURE FOR REBUILDING AMERICA (INFRA) -GRANT APPLICATION TO BE SUBMITTED BY THE COLORADO DEPARTMENT OF TRANSPORTATION TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR THE STATED PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS AND UNDERTAKE SUCH TASKS AS NECESSARY; AUTHORIZING THE MAYOR TO EXECUTE A LETTER TO THE COLORADO DEPARTMENT OF TRANSPORTATION AS REQUIRED FOR SAID APPLICATION; AND SETTING FORTH OTHER DETAILS RELATED THERETO
Mayor McLean read the title of the Resolution into the record.
City Manager Philip Rodriguez introduced Streets and Fleet Director Kimberly Dall.
Streets and Fleet Director Kimberly Dall asked for a commitment in principal of $3,000,000.00 for a grant opportunity. This commitment could turn the City’s $3,000,000.00 into $100,000,000.00 of improvements through a federal grant opportunity. This is a partnership among several jurisdictions along the Highway 85 corridor and would involve improvements to approximately twelve (12) intersections along the Highway 85 corridor, this parallels the Union Pacific Railroad corridor. The impacts to Brighton would include 120th Avenue, Weld County Road 2 ½ and Weld County Road 4 as proposed. The purpose of this grant is to improve safety and mobility operations as well as improve the operations for the Union Pacific Railroad. Through these modifications to the intersections, some are road closures, grade separations of the roadway and the railroad. This will offer two (2) mile segments for the railroad to operate better. At this time there is a lot of traffic up and down the rail line and there is a lot of conflict between the highway traffic, the crossroad traffic and railway traffic has been noticed over the past several years. With the collaboration of Weld County, Adams County, Brighton, Commerce City, and Thornton, there has been commitments in principal of $31,000,000.00 and will be $34,000,000.00 with the commitment from Brighton. There is approximately 1.6 billion dollars available through this grant opportunity and by combining into one comprehensive project, this puts the City into the large project category and 90% of the funds will be awarded to the large project category. All of the proposed improvements are consistent with the Highway 85 Access Control Plan and the US 85 Planning and Environmental Linkages Study. The grant deadline is in early November so the timeline is quite short. This would be subject to the laws of appropriation, this does not commit future budget years or anything that would violate the City Charter or State laws. This would also be subsequent to any IGA’s that would come from this if it were awarded. Everyone involved feels this is a very strong grant application. The improvements would take place from 120th Avenue to Weld County Road 104. Director Dall answered questions from Council regarding:
• The ability to work with the railroad to create quiet zones.
Motion by Councilmember Wallin, seconded by Councilmember Edwards, to approve Resolution 2017-120 approving a commitment in principle of $3,000,000.00 in support of the Infrastructure for Rebuilding America (INFRA)-Grant application to be submitted by the Colorado Department of Transportation to the United States Department of Transportation for the stated project; authorizing the City Manager to execute such documents and undertake such tasks as necessary; authorizing the Mayor to execute a letter to the Colorado Department of Transportation as required for said application; and setting forth other details related thereto. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE STATE OF COLORADO COOPERATIVE AGREEMENT OF LEWAN TECHNOLOGY A XEROX COMPANY, AND AWARDING THE CONTRACT FOR A COPIER CANCELABLE RENTAL, AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO
Mayor McLean read the title of the Resolution into the record.
City Manager Philip Rodriguez introduced Finance Director Jean Starr and Information Technology and Innovation Director Jeromy King.
Finance Director Jean Starr asked for approval of a multi-year contract for the acquisition of copiers for the City. Staff evaluated all departments and found the need for six (6) new copiers. This will allow for the existing copiers to be relocated to other departments in need of a new copier. This contract will be a multi-year rental in the amount of $21,638.00. The contract was awarded under a State of Colorado Cooperative Agreement.
Information Technology and Information Director Jeromy King explained that there have not been any new copiers purchased since the move to this building in 2011 and some departments have copiers that are up to 20 years old. This agreement with Lewan will be a rental agreement so if a new or better copier is needed, the City can request a new one, and this will keep the copiers up to date. The funds will be taken from operating instead of capital for these copiers.
Motion by Councilmember Baca, seconded by Councilmember Humbert, to approve Resolution 2017-121 accepting the State of Colorado Cooperative Agreement of Lewan Technology a Xerox Company, and awarding the contract for a copier cancelable rental, and authorizing the Mayor to sign the contract on behalf of the City and the City Clerk to attest thereto. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
10. UTILITIES BUSINESS ITEMS
11. GENERAL BUSINESS
A. Schedule a Special City Council Meeting on October 24, 2017 at 6:00 p.m. to consider the Greater Brighton Fire Protection District IGA
Motion by Councilmember Wallin, seconded by Mayor Pro Tem Kreutzer, to schedule a Special City Council meeting on October 24, 2017 at 6:00 p.m. to consider the Greater Brighton Fire Protection District IGA.
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
B. Schedule a Special Study Session on November 2, 2017 at 6:00 p.m. for the Telephone Town Hall
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Humbert, to schedule a Special Study Session on November 2, 2017 at 6:00 p.m. for the Telephone Town Hall. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
C. Cancel the City Council Meeting on November 7, 2017 for the Election
Motion by Mayor McLean, seconded by Councilmember Kniss, to cancel the City Council meeting on November 7, 2017 for the election. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
D. Schedule a Special City Council Meeting on November 9, 2017 at 6:00 p.m. to approve the following: Maintenance Agreement with CDOT, Homelessness and Hunger Awareness Proclamation, Ballot Content for the Special Run-Off Election if necessary, and Heavy Equipment Lease
Motion by Councilmember Humbert, seconded by Mayor Pro Tem Kreutzer, to schedule a Special City Council meeting on November 9, 2017 at 6:00 p.m. to approve the following: Maintenance Agreement with CDOT, Homelessness and Hunger Awareness Proclamation, Ballot Content for the Special Run-off Election if necessary, and Heavy Equipment Lease. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
12. REPORTS
A. By the Mayor.
Mayor McLean reported that a Boy Scouts of America ribbon cutting will take place at the Happy Trails Small Dog Park on October 19th from 6:00 to 7:00. Mayor McLean received a letter of congratulations from the Colorado 6th Congressional District for completing the university program at the Colorado Municipal League. A thank you card was received from the Front Range Community College for scholarship donations. Mayor McLean received a congratulation letter from the Mayor’s office of Denver for his time in office.
B. By Department Heads.
C. By the City Attorney.
D. By the City Manager.
The City was recognized by the State Historic Fund with the 2018 Stephen H. Hart Award for Historic Preservation for work on the Bromley Koizuma-Hishinuma Farm. There is now a contract on the park in Brighton East Farms. Staff will be adding into the existing 45th Avenue design the drainage aspect for Longspeak Street.
13. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Mayor Pro Tem Kreutzer attended the Bromley Farm celebration and Chili Cook-off.
Councilmember Kniss attended the Excellence in Arts Awards, the LINK meeting, and the Adams County Small Business appreciation breakfast. The Bromley Local Food Campus won the Economic Development Pitch Contest. The Armory will be hosting the SCFD Evening where funds will be given to non-profits. Councilmember Kniss asked for discussion at an upcoming meeting about homelessness in Brighton.
Councilmember Humbert attended the Cemetery Walk, it was canceled early due to bad weather.
Councilmember Wallin reported that the Youth Commission attended their Team Building retreat and he attended the Chili Cook-off.
Councilmember Edwards attended the Historic City Hall Energy Performance ribbon cutting and the Senior Advisory Board meeting. The Turkey Trot is coming up and the craft fair at Eagle View Adult Center is November 4th.
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 Litigation Support
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Humbert, to go into Executive Session at 9:16 p.m. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
Mayor McLean reconvened the meeting at 9:39 p.m.
15. ADJOURNMENT
Motion by Mayor Pro Tem Kreutzer, seconded by Councilmember Wallin, to adjourn at 9:40 p.m. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Kreutzer, Councilmember Baca, Councilmember
Edwards, Councilmember Humbert, Councilmember Kniss, Councilmember Pollack, and Councilmember Wallin
Absent: 1 - Councilmember Bell
CITY OF BRIGHTON, COLORADO
_____________________________
Richard N. McLean, Mayor
ATTEST:
______________________________
Natalie Hoel, City Clerk
______________________________
Approval Date