City Council

500 S. 4th Avenue City of Brighton Brighton, CO 80601 Meeting Agenda City Council MAYOR - GREGORY MILLS MAYOR PRO TEM - CLINT BLACKHURST COUNCIL MEMBERS: TOM GREEN, MATT JOHNSTON, PETER PADILLA, JAN PAWLOWSKI, MARY ELLEN POLLACK, ANN TADDEO Notice of Non-Discrimination It is the policy of the City of Brighton to provide equal services, programs and activities without regard to race, color, national origin, creed, religion, sex, sexual orientation, disability, or age and without regard to the exercise of rights guaranteed by state or federal law. The City of Brighton has a policy to provide language access services at no charge to persons with limited English proficiency (LEP) and persons with a disability who are served by the City. For more information on non-discrimination or interpretation, please contact the City’s Coordinator at ADACoordinator@brightonco.gov or 303-655-2096. The City will make reasonable accommodations for citizens in accordance with the Americans with Disabilities Act (ADA) or will arrange for an interpreter in accordance with Title VI of the Civil Rights Act. Any request for an interpreter must be made by 9:00 a.m. on the Thursday prior to the City Council meeting. Si desea traducción o acomodaciones de acuerdo con la Ley de Derechos de Discapacitados (“ADA” en inglés) o Titulo VI, por favor comuníquese por correo electrónico a ADACoordinator@brightonco.gov o 303-655-2096. Cualquier petición para un intérprete debe ser pedido antes de las 9 a.m. el jueves anterior de la sesión del consejo. Tuesday, August 15, 2023 6:00 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 7:30–8:00 p.m.) City of Brighton Page 1 Printed on 8/11/2023 City Council Meeting Agenda August 15, 2023 3. CONSENT AGENDA A. ID-249-23 Approval of the July 18, 2023 City Council Minutes B. ID-250-23 Approval of the July 25, 2023 City Council Minutes C. ID-257-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE PROPOSAL OF LUCERO CONCRETE CONTRACTORS, LLC FOR THE SPEER CANAL TRAIL PROJECT FOR THE AMOUNT OF SIX HUNDRED TWENTY-EIGHT THOUSAND FOUR HUNDRED FORTY DOLLARS ($628,440.00), AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ISSUE A TASK ORDER FOR SUCH WORK ON BEHALF OF THE CITY Attachments: RESO 23 - Speer Canal Trail (1) Speer Canal Trail - City Council Meeting 257 PPT D. ID-248-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING AN AMENDMENT TO THE CONTRACT WITH JR ENGINEERING, LLC FOR THE CHANGE ORDER AMOUNT OF SIX HUNDRED THIRTY-FIVE THOUSAND FOUR HUNDRED FORTY-FIVE DOLLARS ($635,445.00) AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY Attachments: RESO 23 - Bridge Street JR Amendment Bridge Street Widening Design CO #4 - FINAL City Council 2023.06.13 248 PPT 4. CEREMONIES 5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes) 6. PUBLIC HEARINGS City of Brighton Page 2 Printed on 8/11/2023 City Council Meeting Agenda August 15, 2023 A. ID-261-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR THE BRIGHTON CROSSING FILING NO. 6 SUBDIVISION, AN APPROXIMATELY 63.821 ACRE PROPERTY, GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SOUTH 40TH AVENUE AND SOUTHERN STREET, SOUTH OF FIRE STATION 52, AND WEST OF MT. ELBERT STREET, MORE PARTICULARLY LOCATED IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO; AUTHORIZING THE MAYOR TO EXECUTE THE DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY; AND SETTING FORTH OTHER DETAILS RELATED THERETO Attachments: Draft City Council Resolution Exhibit C of Resolution - Draft Development Agreement Aerial Map by City Staff Proposed Final Plat by Applicant Copy of the Planning Commission Recommendation, Resolution #19-10 Previous Land Use and Development Code Sections 17-40-210 and 17-40-220 Neighboring Property Owner Notification Neighboring Property Owner Mailing Buffer Map Sign Posting Photographs Website Notice Website Site Notice Posting Documentation Social Media Posting Proof City Staff’s Draft Presentation 261 PPT 7. ORDINANCES FOR INITIAL CONSIDERATION A. ID-263-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING AND REPEALING CERTAIN SECTIONS OF THE CITY OF BRIGHTON MUNICIPAL CODE AND ENACTING SECTIONS RELATED TO THE SALE OF MARIJUANA Attachments: ORD 23 - Marijuana Stores (Updated) Marijuana Store Licenses PPT (8.8.23) 263 PPT 8. ORDINANCES FOR FINAL CONSIDERATION City of Brighton Page 3 Printed on 8/11/2023 City Council Meeting Agenda August 15, 2023 A. ID-251-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE SOUTH MAIN REDEVELOPMENT PLANNED DEVELOPMENT FOR AN APPROXIMATELY 4.15 ACRE PROPERTY, GENERALLY LOCATED AT THE NORTHWEST CORNER OF SOUTH MAIN STREET AND WEST BROMLEY LANE, WITH A PORTION TO THE NORTHEAST OF SOUTH MAIN STREET AND WEST BROMLEY LANE ADJACENT TO JENSEN FOODS, MORE SPECIFICALLY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO Attachments: Draft City Council Ordinance Planning Commission Resolution 23-5 Aerial Map by City Staff South Main Redevelopment Planned Development by Applicant Affidavit of Posting Neighboring Property Owner Notification Buffer Map of Mailing Area Website Notice Website Publication Proof South Main PPT 251 PPT B. ID-246-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY 0.17 ACRES OF CONTIGUOUS LAND, LOCATED AT THE SOUTHEAST CORNER OF THE SOUTH 19TH AVENUE ALIGNMENT AND EAST 144TH AVENUE, IN A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO Attachments: Draft Annexation Ordinance Aerial Map Annexation Map Website Notice Adams County Permission Letter Draft Staff Presentation (15).pptx 246 PPT City of Brighton Page 4 Printed on 8/11/2023 City Council Meeting Agenda August 15, 2023 C. ID-252-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE RIGHT-OF-WAY VACATION FOR AN APPROXIMATELY 0.084 ACRE PORTION OF RIGHT-OF-WAY GENERALLY LOCATED TO THE NORTH OF EAST BRIDGE STREET AND SOUTH OF THE INTERSECTION OF NORTH 18TH AVENUE AND NORTH 19TH AVENUE, MORE PARTICULARLY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO Attachments: Draft City Council Ordinance Aerial Map by CIty Staff Right-of-Way Vacation by Applicant Neighboring Property Owner Notification Website Notification Website Notification Proof Draft Staff Presentation 252 PPT 9. RESOLUTIONS A. ID-258-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, REFERRING A BALLOT ISSUE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF BRIGHTON TO INCREASE THE SALES AND USE TAX BY .15% (15 CENTS PER ONE HUNDRED DOLLARS SPENT) TO PROVIDE ADDITIONAL REVENUES TO FUND PUBLIC SAFETY Attachments: RESO-23-Referring a ballot issue Public Safety Tax 08152023 258 PPT 10. UTILITIES BUSINESS ITEMS 11. GENERAL BUSINESS 12. REPORTS A. By the Mayor B. By Department Directors C. By the City Attorney City of Brighton Page 5 Printed on 8/11/2023 City Council Meeting Agenda August 15, 2023 D. By the City Manager E. By City Council 13. EXECUTIVE SESSION A. ID-389-15 Determining positions relative to matters subject to negotiations pursuant to C.R.S. Section 24-6-402(4)(e) and City Charter Section 5.4(C)(3) B. ID-208-22 To provide legal advice on specific questions regarding possible litigation pursuant to C.R.S. Section 24-6-402(4)(b) and City Charter Section 5.4(C) (3) 14. ADJOURNMENT City of Brighton Page 6 Printed on 8/11/2023