City Council

500 S. 4th Avenue City of Brighton Brighton, CO 80601 Meeting Agenda 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 Tuesday, March 20, 2018 7:00 PM Council Chambers 1. CALL TO ORDER A. Pledge of Allegiance to the American Flag. B. Roll Call. 2. APPROVAL OF REGULAR AGENDA (Council may take a short break between 8:30–9:00 p.m.) 3. CONSENT AGENDA A. ID-59-18 Approval of the February 20, 2018 City Council Minutes B. ID-85-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AUTHORIZING THE SUBMITTAL OF A COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) GRANT APPLICATION IN THE AMOUNT NOT TO EXCEED SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00), FOR THE “BRIGHTON HISTORIC DEPOT REHABILITATION AND ADAPTIVE REUSE” PROJECT; AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT APPLICATION AND UPON AWARD THEREOF, TO CONDUCT GOOD FAITH NEGOTIATIONS FOR FINALIZING A REASONABLE GRANT AGREEMENT WITH DOLA FOR CONSIDERATION BY THE CITY COUNCIL Attachments: Resolution Grant Application Depot Vicinity Map City of Brighton Page 1 Printed on 3/15/2018 City Council Meeting Agenda March 20, 2018 C. ID-84-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, APPROVING AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT NO. 17-02.01 BETWEEN THE CITY OF BRIGHTON AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR THE MAINTENANCE OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR BRIGHTON SOUTH OUTFALL AT 27TH AVENUE TO SOUTH PLATTE RIVER; APPROVING THE CITY’S CONTRIBUTION UNDER THE AMENDED IGA IN THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000); AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY Attachments: Urban Drainage IGA Reso Urban Drainage IGA 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 A. ID-91-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO AMENDING SECTIONS 2-32-40(2) AND 2-36-30(2) OF THE BRIGHTON MUNICIPAL CODE REGARDING THE APPOINTMENT OF MEMBERS TO THE PARK AND RECREATION ADVISORY BOARD AND THE PLANNING COMMISSION; AND SETTING FORTH OTHER DETAILS RELATED THERETO Attachments: Ord Amending Code re Bd Com Auth mrb draft 3 12 18 Revised Policies mrb draft 3 12 18 8. ORDINANCES FOR FINAL CONSIDERATION A. ID-45-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING A LEASE TRANSACTION INVOLVING CERTAIN CITY-OWNED REAL PROPERTY TO VERIZON WIRELESS, ON THE TERMS AND CONDITIONS OF THAT CERTAIN LAND LEASE AGREEMENT DATED FEBRUARY 6, 2018; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE LAND LEASE AGREEMENT FOR THE CITY Attachments: City Council Ordinance 18.02.06_Verizon Tower on Baseline Road City of Brighton Page 2 Printed on 3/15/2018 City Council Meeting Agenda March 20, 2018 9. RESOLUTIONS A. ID-90-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE BROMLEY PARK, FILING 102, 1ST AMENDMENT DEVELOPMENT AGREEMENT, FOR APPROXIMATELY 122.377 ACRES OF PROPERTY, GENERALLY LOCATED WITHIN SECTION 1, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, BRIGHTON, COLORADO, AUTHORIZING THE MAYOR TO EXECUTE THE DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY; AND SETTING FORTH OTHER DETAILS RELATED THERETO Attachments: 4-76 Commerce Center_Resolution for Development Agreement 3-Exhibit C 76 Commerce Center Development Agreement 1-76 Commerce Center _Location Map 2-76 Commerce Center EDC Incentive Agreement 5-76 Commerce Center Traffic Improvement Summary Letter 6-76 Commerce Center_Staff Power Point 7-76 Commerce Center Applicant Power Point-Mar 2018 B. ID-80-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT (“PSA”) BETWEEN THE CITY AND G & L PROPERTY, LLC (“OWNER” AND “SELLER”), FOR THE PURCHASE AND SALE OF CERTAIN COMMERCIAL PROPERTY AND IMPROVEMENTS LOCATED IN BRIGHTON, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE PSA, AND THE CITY MANAGER OR HIS DESIGNEES TO TAKE SUCH ACTIONS AND EXECUTE SUCH DOCUMENTS AS ARE REASONABLY NECESSARY TO CARRY OUT AND SUCCESSFULLY CLOSE THE TRANSACTION FOR THE CITY Attachments: Resolution Depot PSA Vicinity Map Presentation City of Brighton Page 3 Printed on 3/15/2018 City Council Meeting Agenda March 20, 2018 C. ID-47-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING THE ADAMS COUNTY, COLORADO INTERGOVERNMENTAL AGREEMENT ANIMAL SHELTER/ADOPTION SERVICES (THE “IGA”); FINDING THAT THE FEES SET FORTH IN SAID IGA ARE REASONABLE; AUTHORIZING THE MAYOR TO EXECUTE SAID IGA ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO; AND SETTING FORTH OTHER DETAILS RELATED THERETO Attachments: Reso Approving IGA Ad Co Animal Shelter mrb draft 3 1 18 Animal Control ACASAC and Brighton 2018 IGA FINAL 2 20 18 (002) ANIMAL CONTROL - Exhibit B Fee Structure 2018 Animal Shelter PPT Print Copy 10. UTILITIES BUSINESS ITEMS Resolutions A. ID-92-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, ACCEPTING THE BID OF ASLAN CONSTRUCTION, INC., AND AWARDING THE CONTRACT FOR THE ERGER’S POND AUGMENTATION STATION TO ASLAN CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED FIVE MILLION, SEVEN HUNDRED EIGHTY-SIX THOUSAND, TWO HUNDRED NINETY-TWO DOLLARS ($5,786,292.00), AUTHORIZING A 2018 BUDGET AMENDMENT IN THE AMOUNT OF FIVE MILLION, SEVEN HUNDRED EIGHTY-SEVEN THOUSAND DOLLARS ($5,787,000.00); AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO Attachments: Resolution-Erger's Pond Augmentation Station EP Bid Evaluation Denver CCI Estimate - 2018 18-012R Bid Abstract City of Brighton Page 4 Printed on 3/15/2018 City Council Meeting Agenda March 20, 2018 B. ID-93-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, FINDING THAT GOOD CAUSE EXISTS AND THAT IT IS IN THE BEST INTERESTS OF THE CITY TO WAIVE THE FORMAL BID PROCESS FOR THE ERGER’S POND AUGMENTATION STATION CONSTRUCTION OVERSIGHT PROJECT; ACCEPTING THE PROPOSAL OF BURNS & MCDONNELL ENGINEERING COMPANY, INC., AND AWARDING THE CONTRACT FOR THE ERGER’S POND AUGMENTATION STATION CONSTRUCTION OVERSIGHT TO BURNS & MCDONNELL ENGINEERING COMPANY, INC., AS A SOLE SOURCE PROCUREMENT, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED EIGHTY-THREE THOUSAND FOUR HUNDRED FORTY-SIX DOLLARS ($383,446.00); AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO Attachments: Resolution- Erger's Construction Oversight C. ID-81-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, ACCEPTING THE PROPOSAL OF VERIS ENVIRONMENTAL, LLC, AND AWARDING THE CONTRACT FOR “AS NEEDED” BIOSOLIDS HAULING AND LAND APPLICATION SERVICES PER PROJECT AT A COST OF THIRTY-FOUR AND 40/100 DOLLARS PER WET TON, AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO Attachments: 17M-019 Resolution Utilities 11. GENERAL BUSINESS 12. REPORTS A. By the Mayor. B. By Department Heads. C. By the City Attorney. D. By the City Manager. 13. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS City of Brighton Page 5 Printed on 3/15/2018 City Council Meeting Agenda March 20, 2018 14. EXECUTIVE SESSION A. ID-270-15 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 Storm Drainage 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 the Depot Property 15. ADJOURNMENT City of Brighton Page 6 Printed on 3/15/2018