City Council

500 S. 4th Avenue City of Brighton Brighton, CO 80601 Meeting Agenda City Council MAYOR - GREGORY MILLS MAYOR PRO TEM - MATT JOHNSTON COUNCIL MEMBERS: CLINT BLACKHURST, ADAM CUSHING, MARK HUMBERT, KRIS JORDINELLI, MARY ELLEN POLLACK, ANN TADDEO, TIM WATTS Tuesday, December 15, 2020 6:00 PM Virtual Meeting A. ID-590-20 Please click the link below to join the webinar: https://us02web.zoom.us/j/88414288631 Or telephone, dial: 720 928 9299 888 475 4499 (Toll Free) 877 853 5257 (Toll Free) Webinar ID: 884 1428 8631 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 7:30–8:00 p.m.) 3. CONSENT AGENDA A. ID-542-20 Approval of the November 10, 2020 City Council Minutes B. ID-563-20 Approval of the November 17, 2020 City Council Minutes C. ID-578-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, RATIFYING THE MAYORAL APPOINTMENTS TO THE CITY OF BRIGHTON YOUTH COMMISSION FOR TERMS ENDING IN MAY OF 2022 Attachments: Youth Commission Appt Dec 2020 City of Brighton Page 1 Printed on 12/11/2020 City Council Meeting Agenda December 15, 2020 D. ID-579-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING VIVIAN HINDMAN AS A YOUTH MEMBER TO THE CITY OF BRIGHTON PARKS AND RECREATION ADVISORY BOARD WITH A TERM TO JUNE 2022 Attachments: Youth on Boards 2020 P&R Hindman E. ID-580-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING DIANA HERNANDEZ AS A YOUTH MEMBER TO THE CITY OF BRIGHTON HISTORIC PRESERVATION COMMISSION WITH A TERM TO JUNE 2022 Attachments: Youth on Boards Dec 2020 HPC Hernandez F. ID-581-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING GIANA ROCHA AS A YOUTH MEMBER TO THE CITY OF BRIGHTON PLANNING COMMISSION WITH A TERM TO JUNE 2022 Attachments: Youth on Boards Dec 2020 PC Rocha G. ID-589-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING REAGEN HINDMAN AS A YOUTH MEMBER TO THE CITY OF BRIGHTON PLANNING COMMISSION WITH A TERM TO JUNE 2022 Attachments: Youth on Boards 2020 PC Hindman H. ID-587-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING JOHN MORSE AS AN ALTERNATE MEMBER OF THE PLANNING COMMISSION WITH A TERM TO JANUARY 2025 Attachments: Planning - Morse Dec 2020 I. ID-588-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING OLIVER SHAW AS A WARD 1 MEMBER OF THE PLANNING COMMISSION WITH A TERM TO JANUARY 2025 Attachments: Planning - Shaw 2020 J. ID-571-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AUTHORIZING THE USE OF CARES FUNDING FOR THE IMPLEMENTATION, FUNDING, AND ADMINISTRATION OF COMMUNITY GRANTS AND FOR COVID-19 MOBILE TESTING, AND PROVIDING THE CITY MANAGER AUTHORITY TO ADJUST USE OF FUNDS TO ENSURE FULL EXECUTION OF THE GRANT Attachments: Resolution Use of Additional CARES Funds 12-15-2020 4. CEREMONIES City of Brighton Page 2 Printed on 12/11/2020 City Council Meeting Agenda December 15, 2020 5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes) 6. PUBLIC HEARINGS 7. CONSOLIDATED ITEMS FOR SEQUENTIAL REVIEW A. ID-553-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY 0.488 ACRES OF CONTIGUOUS LAND, IN THE NORTHWEST 1/4 OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO; KNOWN AS THE NEFF REMAINDER PROPERTY ANNEXATION (FINAL READING) Attachments: Draft Annexation Ordinance B. ID-572-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE ANNEXATION AGREEMENT FOR THE APPROXIMATELY 0.488 ACRES OF CONTIGUOUS LAND, IN THE NORTHWEST ¼ OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO; TO BE KNOWN AS THE NEFF REMAINDER PROPERTY ANNEXATION Attachments: Draft Resolution for Approval of the Annexation Agreement Aerial Map by City Staff Annexation Map by Applicant Resolution 2020-106 (Substantial Compliance) Resolution 2020-127 (Findings of Fact / Annexation Eligibility) 572 PPT City of Brighton Page 3 Printed on 12/11/2020 City Council Meeting Agenda December 15, 2020 C. ID-555-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING A ZONING MAP AMENDMENT OF AN APPROXIMATELY 0.388 ACRE AREA OF LAND, TO BE KNOWN AS THE NEFF REMAINDER PROPERTY, GENERALLY LOCATED IN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, TO ZONING DESIGNATION OF OPEN SPACE (O) (FINAL READING) Attachments: Draft City Council Ordinance Copy of the Planning Commission Recommendation (Resolution) Aerial Map by City Staff Zone Change Map by Applicant Neighboring Property Owner Notification Addresses of Property Owners Notified Buffer Map of Mailing Area Signed Affidavit of Sign Posting Website Notification 555 PPT 8. ORDINANCES FOR INITIAL CONSIDERATION A. ID-566-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING CERTAIN SECTIONS OF TITLE 3 OF THE BRIGHTON MUNICIPAL CODE PERTAINING TO THE SALES TAX CODE Attachments: Sales Tax Ordinance-amend marketplace facilitator-econ nexus-license term-cash and cash equivalents 566 PPT B. ID-567-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING A LEASE AGREEMENT WITH ALMOST HOME FOR CITY-OWNED REAL PROPERTY LOCATED AT 22 SOUTH 4TH AVENUE (THE “HISTORIC CITY HALL”), AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF THE CITY Attachments: Ordinance for lease at HCH-Almost Home Almost_Home_Lease_with AH Signature 567 PPT City of Brighton Page 4 Printed on 12/11/2020 City Council Meeting Agenda December 15, 2020 C. ID-586-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING A LEASE AGREEMENT WITH ROCKY MOUNTAIN QUARTER HORSE ASSOCIATION FOR CITY-OWNED REAL PROPERTY LOCATED AT 22 SOUTH 4TH AVENUE (THE “HISTORIC CITY HALL”), AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF THE CITY Attachments: Ordinance for lease at HCH-Rocky Mountain Quarter Horse Rocky Mountain Qtr Horse Association Lease_2021 D. ID-585-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING A LEASE AGREEMENT WITH AMERICAN HIGHLAND CATTLE FOR CITY-OWNED REAL PROPERTY LOCATED AT 22 SOUTH 4TH AVENUE (THE “HISTORIC CITY HALL”), AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF THE CITY Attachments: Ordinance for lease at HCH-American Highland Cattle American Highland Cattle Lease_2021 E. ID-591-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, CREATING ARTICLE 3-30 OF THE BRIGHTON MUNICIPAL CODE TO TEMPORARILY CAP THIRD-PARTY RESTAURANT DELIVERY FEES WITHIN THE CITY Attachments: Draft Cap Ord Presented Edition Clean (12102020) 9. ORDINANCES FOR FINAL CONSIDERATION A. ID-543-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING CERTAIN SECTIONS OF THE BRIGHTON MUNICIPAL CODE IN CHAPTER 17, LAND USE AND DEVELOPMENT CODE, RELATED TO FAMILY CHILD CARE HOMES, TEMPORARY USES, STORAGE USES, AND ADJUSTMENTS TO PROCESSES AND PROCEDURES Attachments: CodeAmend234_Ordinance Planning Commission Resolution_Code Amendment Proof_of_Notice_Website Notice and Social Media Posting Code Amendment Presentation-CC 543 PPT 10. RESOLUTIONS City of Brighton Page 5 Printed on 12/11/2020 City Council Meeting Agenda December 15, 2020 A. ID-576-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BRIGHTON, COLORADO, AND THE HOUSING AUTHORITY OF THE CITY OF BRIGHTON AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Attachments: Reso - Approving MOA with BHA (2020) BHA agreement for 2021 B. ID-570-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF BRIGHTON AND THE ADAMS COUNTY SHERIFF’S OFFICE FOR THE PROVISION OF LAW ENFORCEMENT AND ADMINISTRATIVE PERSONNEL, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID IGA ON BEHALF OF THE CITY, AND TO UNDERTAKE SUCH TASKS AND EXECUTE SUCH DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT SAID IGA ON BEHALF OF THE CITY Attachments: Resolution - 2021 Terminal Guard IGA 2021 IGA for records administrative services - Terminal Guard 570 PPT 11. UTILITIES BUSINESS ITEMS Resolutions A. ID-545-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE BID OF VELOCITY CONSTRUCTORS INC. AND AWARDING THE CONTRACT FOR THE NON-POTABLE POND PUMP STATION, PROJECT #20-006492, TO VELOCITY CONSTRUCTORS INC. IN THE AMOUNT OF ONE MILLION ONE HUNDRED FORTY EIGHT THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS ($1,148,815), AND AUTHORIZING THE CITY MANAGER TO SIGN THE CONTRACT ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO Attachments: Non-pot Pond Rehab Reso 545 PPT City of Brighton Page 6 Printed on 12/11/2020 City Council Meeting Agenda December 15, 2020 B. ID-575-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING CHANGE ORDER #3 OF RESPEC COMPANY LLC., AND APPROVING AMENDMENT #3 TO THE CONTRACT FOR NON-POTABLE POND PUMP STATION, PROJECT #19-023, TO RESPEC COMPANY LLC UP TO THE REQUESTED AMOUNT OF ONE HUNDRED FOURTEEN THOUSAND FIVE HUNDRED FOURTEEN DOLLARS ($114,514), AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE TO SIGN AMENDMENT #3 ON BEHALF OF THE CITY AND THE CITY CLERK TO ATTEST THERETO Attachments: Non-pot Pond Rehab Engr Oversight Reso (1) (2) 12. GENERAL BUSINESS A. ID-383-20 Review of COVID Statistics B. ID-592-20 Brighton Urban Renewal Authority (BURA) Member Interview Discussion Attachments: 2018-39 13. REPORTS A. By the Mayor. B. By Department Heads. C. By the City Attorney. D. By the City Manager. 14. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS 15. EXECUTIVE SESSION A. ID-577-20 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 Deputy Municipal Judge 16. ADJOURNMENT City of Brighton Page 7 Printed on 12/11/2020