City Council  Meeting Minutes  April 2, 2024  City of Brighton  500 S. 4th Avenue Brighton, CO80601  Brighton  Meeting Minutes Tuesday, April 2, 2024  6:00 PM  Council Chambers  City Council MAYOR-G GREGORYMILLS MAYOR PRO TEM- PETER PADILLA COUNCIL MEMBERS: CHRIS FIEDLER, TOM GREEN, MATT. JOHNSTON, JAN PAWLOWSK, JIM SNYDER, ANN TADDEO, LLOYD WORTH  1    City Council  Meeting Minutes  April 2, 2024  1. CALL TO ORDER  Mayor Mills called the meeting to order at 6:01 p.m. A. Pledge of Allegiance to the American Flag  Mayor Pro Tem Padilla led the recitation of the Pledge of Allegiance to the American Flag.  B. Roll Call  Present: 9- Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember  Green, Councilmember Johnston, Councilmember Pawlowski, Councimember Snyder, Councilmember Taddeo, and Councilmember Worth  2. CONSENT AGENDA  A. Approval of the March 5, 2024 City Council Minutes  B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ACCEPTING THE PROPOSAL OF DURAN EXCAVATING, INC. AND APPROVING THE PROCUREMENT OF CONSTRUCTION SERVICES FOR THE SOUTH OUTFALL PHASE II CULVERTS, FOR THE CONTRACT AMOUNT OF TWO MILLION NINE HUNDRED SIXTY-SIX THOUSAND TWO HUNDRED NINETY-FOUR DOLLARS ($2,966,294), AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE CONTRACT ON BEHALF OF THE  CITY  Resolution No. 2024-40  C. AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING CHANGE ORDER #1 TO THE CONTRACT WITH AMERICAN WEST CONSTRUCTION, LLC FOR THE NORTH 10TH AVENUE AND MIDLAND STREET STORM IMPROVEMENTS PROJECT IN THE AMOUNT OF ONE HUNDRED THIRTY THOUSAND THREE HUNDRED ELEVEN DOLLARS ($130,311), AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO  EXECUTE THE CHANGE ORDER ON BEHALF OF THE CITY  Resolution No. 2024-41  D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPOINTING JOHNNY C. BARAJAS THE PRESIDING MUNICIPAL JUDGE, LIQUOR AUTHORITY, MARIJUANA AUTHORITY, AND HEARING  OFFICER, AND SETTING COMPENSATION  Resolution No. 2024-42  Motion by Councilmember Green, seconded by Mayor Pro Tem Padilla, to approve the Consent Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councimember  Agenda as presented. Motion passed by the following vote:  Green, Councilmember Johnston, Councilmember Pawlowski, Councimember Snyder, Councimember Taddeo, and Councilmember Worth  2    City Council  Meeting Minutes  April 2, 2024  3. APPROVAL OF REGULAR. AGENDA  Motion by Councilmember Pawlowski, seconded by Councilmember Taddeo, to approve the  Regular Agenda as presented. Motion passed by thei following vote:  Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councimember Fiedler, Councilmember  Green, Councilmember Johnston, Councilmember Pawlowski, Councimember Snyder, Councimember Taddeo, and Councimember Worth  4. CEREMONIES  A. Child Abuse Prevention Month Proclamation Mayor Pro Tem Padilla read the Proclamation into the record. B. United Power 85th Anniversary Proclamation C. Sexual Assault Awareness Month Proclamation Councimember Taddeo read the Proclamation into the record. D. National Crime Victims' Rights Week Proclamation Councilmember Worth read the Proclamation into the record.  5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA  (Speakers limited to three minutes)  David Gill expressed concern that South Beebe Draw is charging a stormwater drainage fee and John Lindberg asked the city to consider allowing marijuana businesses in all zone districts.  asked if they have the authority to charge fees.  Tom Lampo prayed for the city.  6. PUBLIC HEARINGS  7. ORDINANCES FOR FINAL CONSIDERATION  A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, GRANTING A PERPETUAL EASEMENT TO PUBLIC SERVICE OF COLORADO, OVER A PORTION OF REAL PROPERTY LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 6, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID  EASEMENT ON BEHALF OF THE CITY Mayor Mills read the title of the Ordinance into the record. 2447. Motion passed by thet following vote:  Motion by Councilmember Green, seconded by Mayor Pro Tem Padilla, to approve Ordinance  Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember  Green, Councilmember Johnston, Councilmember Pawlowski, Councimember Snyder, Councilmember Taddeo, and Councilmember Worth  3    City Council 8. RESOLUTIONS  Meeting Minutes  April 2, 2024  A. A - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION, AND SETTING A PUBLIC HEARING FOR MAY 21, 2024, TO DETERMINE IF THE PROPOSED APPROXIMATE 4.918 ACRE PROPERTY, TO BE KNOWN AS THE OTTEN ANNEXATION, COMPLIES WITH STATUTORY  REQUIREMENTS FOR SUCH ANNEXATION Mayor Mills read the title of the Resolution into the record.  Senior Planner Summer McCann presented. the Otten Annexation Petition for Substantial Compliance. The property is generally located to the north of East 136th Avenue, south of Prairie Center Parkway, east of South 27th Avenue, and west of 1-76 and is approximately 4.91 acres. City Council must find that the petition complies with the Colorado Revised Statutes $31-12-107 and must consider a resolution to set the date for a public hearing. Staff has found that the petition meets the listed requirements. C.R.S. $31-12-104 includes the requirements for annexation eligibility including contiguity and community of interest. This property is 100% contiguous and is capable of being urbanized in the near future and is capable of being integrated through zoning, platting and can be adequately served by city utilities. The property is currently zoned A-2 (Agriculture-2) through Adams County. The subject property is designated as commercial in the Comprehensive Plan and is within the city's growth boundary. If City Council determines that the Annexation Petition complies with the statutory provisions, they will approve a resolution finding substantial compliance and set a public hearing to determine if the annexation meets the statutory requirements. Staff will prepare and publish the notice of public hearing and the public hearing will be held. Staff finds that the Annexation Petition meets the requirements outlined in C.R.S. $31-12-107 for substantial compliance and that May 21, 2024 is an appropriate date for the public hearing on the annexation. Publication and notification of the future public hearing will be provided to all applicable entities as required by C.R.S $31-12-108. Motion by Mayor Pro Tem Padilla, seconded by Councilmember Fiedler, to approve Resolution Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councimember  2024-43. Motion passed by thet following vote:  Green, Councilmember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councimember Worth  9. UTILITIES BUSINESS ITEMS 10. GENERAL BUSINESS  A. City Council Charter Committee Discussion  Motion by Mayor Pro Tem Padilla, seconded by Councilmember Pawlowski, to create an ad hoc committee for the purpose of reviewing the City of Brighton Charter eligibility requirements for new Councilmembers and appoint Councilmember Taddeo and Councilmember Worth to serve on the ad hoc committee and make recommendations to City Council. Motion passed by the Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councimember  following vote:  Green, Councilmember Johnston, Councimember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councimember Worth  11. REPORTS A. By the Mayor  Mayor Mills attended the NATA meeting, the DRCOG meeting, the Allo ribbon cutting, the Pickled Pepper Anniversary celebration, the Move with the Mayor event, Chamber Day at the state capital and  the State of the City.  4    City Council  Meeting Minutes  April2,2024  B. By Department Directors C. By the City Attorney D. By the City Manager E. By City Council  City Manager Michael Martinez presented the Board & Commission vacancies. Councilmember Fiedler attended the Lochbuie Sewer Board meeting.  Mayor Pro Tem Padilla attended the State of the City and announced that the CASA Light of Hope  luncheon is April 11th.  Councilmember Taddeo attended the State of the City.  Councilmember Green announced that Almost Home Gala raffle tickets are on sale. Councilmember Worth attended the Youth Commission meeting.  12. EXECUTIVE SESSION  A. Motion by Mayor Pro Tem Padilla, seconded by Councilmember Fiedler, to go into Executive Session at 6:52 p.m. for Legal Advice - Litigation Update Pursuant to C.R.S. Section 24-6-402(4) Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councimember Fiedler, Councimember  (b) and Charter Section 5.4(C)(3). Motion passed by the following vote:  Green, Councilmember Johnston, Councimember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth  B. Motion by Mayor Pro Tem Padilla, seconded by Councilmember Pawlowski, to go into Executive Session at 6:54 p.m. for Negotiations Economic Development Incentives pursuant to C.R.S. Section 24-6-402(4)e) and Charter Section 5.4(C)(1) to determine a position on matters that may be subject to negotiations and to instruct negotiators. Motion passed by the Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councimember  following vote:  Green, Councilmember Johnston, Councimember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councimember Worth  Mayor Mills reconvened the meeting at 8:20 p.m. Mayor Mills adjourned the meeting at 8:21 p.m.  13. ADJOURNMENT  CITY OF BRIGHTON, COLORADO  Myalhis Gregory Mills, Mayor  5    City Council  Meeting Minutes  April 2, 2024  ATTEST:  Danlidal Natalie Hoel, City Clerk A7,DD4 Approval Date  6