City Council  Meeting Minutes  February 6, 2024  City of Brighton  500 S. 4th Avenue Brighton, CO 80601  Brighton  Meeting Minutes Tuesday, February 6, 2024  6:00 PM  Council Chambers  City Council MAYOR- GREGORY MILLS MAYOR PRO TEM- - PETER PADILLA COUNCIL MEMBERS: CHRIS FIEDLER, TOM GREEN, MATTJOHNSTON, JAN PAWLOWSKI, JIM SNYDER, ANN TADDEO, LLOYD WORTH  1    City Council  Meeting Minutes  February 6, 2024  1. CALLTO ORDER  Mayor Mills called the meeting to order at 6:01 p.m. A. Pledge of Allegiance to the American Flag  Councilmember Snyder led the recitation oft the Pledge of Allegiance to the American Flag.  B. Roll Call  Present: 9- Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councimember  Green, Councilmember Johnston, Councimember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth  2. APPROVAL OF REGULAR AGENDA  Motion by Councilmember Green, seconded by Councilmember Fiedler, to approve the Regular  Agenda as presented. Motion passed by thet following vote:  Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councimember Fiedler, Councilmember  Green, Councimember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth  3. CONSENT AGENDA  A. Approval of the January 2, 2024 Outgoing City Council Minutes B. Approval of the January 2, 2024 Incoming City Council Minutes Consent Agenda as presented. Motion passed by the following vote:  Motion by Councilmember Pawlowski, seconded by Councilmember Taddeo, to approve the  Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember  Green, Councimember Johnston, Councilmember Pawlowski, Councilmember Snyder, Councimember Taddeo, and Councilmember Worth  4. CEREMONIES  5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA  (Speakers limited to five minutes) Tom Lampo prayed for the city.  6. PUBLIC HEARINGS  A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE 141 SOUTH 3RD AVENUE HISTORIC LANDMARK DESIGNATION FOR AN APPROXIMATELY 0.17 ACRE PROPERTY, GENERALLY LOCATED ON THE WEST SIDE OF SOUTH 3RD AVENUE, IN THE MIDDLE OF THE BLOCK BETWEEN BUSH STREET AND EGBERT STREET, LOTS 29 AND 30 OF BLOCK 14 OF THE WALNUT GROVE ADDITION, IN A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF  COLORADO (FIRST READING)  2    City Council  Meeting Minutes  February 6, 2024  Mayor Mills read the title of the Ordinance into the record.  Mayor Mills opened the public hearing at 6:10 p.m. and City Clerk Natalie Hoel verified the required postings and publications (January 19, 2024, on the City of Brighton website) for this public hearing Senior Planner and Historic Preservationist Emma Lane presented the 141 South 3rd Avenue Historic Landmark Designation. The applicant is Toni Kile and the property owners are Brian and Toni Kile. The property is located on the west side of 3rd Avenue between. Bush Street and Egbert Street, Lots 29 and 30 of Block 14 of the Walnut Grove Addition. Historic Landmark Designation is an official designation of the City of Brighton declaring a site, structure, ora district as historically, architecturaly, or geographically significant to either the history of Brighton, Colorado or beyond. This designation ensures the preservation of the resource and creates funding opportunities for preservation or Staff used the review criteria outlined in the Land Use & Development Code Section 10.03 C2. Planner Lane presented the background oft the property including the history of the owners. The future land use portion of the Comprehensive Plan designates this property as appropriate for medium density residential, which is consistent with the current and future use of the land as a single-family dwelling. The Comprehensive Plan mentions that historic properties within Brighton are a valuable resource that contribute to the fabric of the community and are an asset that the city should strive to retain. The proposed historic landmark designation advances several goals in Chapter 4 of the City Council shall use the criteria found in Section 10.03 A of the Land Use & Development Code when making its decision. The nomination for designation of 141 South 3d Avenue would help protect and enhance the use of cultural resources within the city. The house provides a great example of the Craftsman style architecture that was popular at the time of its completion between 1921 and 1923 and is consistent with the overall style and theme oft the neighborhood, the Walnut Grove Addition. The designation creates a reasonable balance between property rights and public interest, and therefore advances the policy and intent of the Land Use & Development Code. The criteria in Section 10.03B 1, Historic Landmark Eligibility states that a property must be at least 50 years old and possess historical, and/or architectural significance, the nomination meets criterion 1 and 5. Under Category b, Social and Historic Category, the nomination meets criterion 4. The nomination does not meet any of Public notice was completed in accordance with the Land Use & Development Code and notice was published on various social media sites. No formal comment was received. Staff recommends approval of the project. The Historic Preservation Commission heard the request on November 16,  were completed.  restoration such as grants and tax credits.  Comprehensive Plan.  the criteria under Category C, Geographic and Environmental Category.  2023, and unanimously voted to recommend approval.  Mayor Mills asked if the applicant would like to add anything to the presentation. Toni Kile, owner oft the property presented. a detailed history of the property. Mayor Mills asked if any correspondence had been received, there was none. Mayor Mills asked if there were questions from City Council. Mayor Pro Tem Padilla thanked Ms. Kile for her presentation. Mayor Mills closed the public hearing at 6:31 p.m. Ordinance. Motion passed by thei following vote:  Motion by Councilmember Green, seconded by Councilmember Taddeo, to approve the Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councimember  Green, Councilmember Johnston, Councimember Pawlowski, Councilmember Snyder, Councilmember Taddeo, and Councilmember Worth  3    City Council  Meeting Minutes  February 6, 2024  B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE SABLE FARMS ZONING MAP AMENDMENT FROM THE SABLE FARMS PLANNED UNIT DEVELOPMENT TO THE ZONING DESIGNATIONS MU-R/EC, R-2, R-3, AND oS FOR AN APPROXIMATELY 131.52 ACRES OF PROPERTY, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF E-470 AND SABLE BOULEVARD AND MORE SPECIFICALLY LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO (FIRST READING)  Mayor Mills read the title of the Ordinance into the record.  Mayor Mills opened the public hearing at 6:33 p.m. and City Clerk Natalie Hoel verified the required postings and publications (January 5, 2024, on the City of Brighton website) for this public hearing Senior Planner and Historic Preservationist Emma Lane presented the Sable Farms Zoning Map Amendment. The project contact is Chris Shandor with Manhard Consulting, and the owner is Sable Land LLC. The property is generally located at the southwest corner of E-470 and Sable Boulevard. The property is approximately 131.52 acres and has never been platted. The applicant is requesting a rezoning from the Sable Farms PUD to MU-R/EC (Mixed use Regional Center), R-2 (Mixed-Density Residential), R-3 (Multiple Family Residential), and OS (Open Space). Staff used the zoning map amendment criteria from the Land Use & Development Code to review the proposal. City Council shall The property currently has a zoning of Mixed Use = Office, Mixed Use = Commercial, and Mixed Use - Industrial within the Sable Farms PUD. The property was annexed in 1988 as part of the Sable Farms Annexation. Staff analyzed the surrounding uses to determine if the site was appropriate for rezoning. The surrounding uses include undeveloped land zoned Business Park within the city limits, and undeveloped land zoned Mixed Use - Regional Center. The Adams County Government Center is to the east and is within the Adams Crossing and Adams County Government Center PUD. The proposed zoning categories present a mix ofu uses within the property. Parcels 1 and 4 are, proposed to be zoned R-3 (Multiple Family - Residential). Parcels 2 and 3 are proposed to be zoned MU-R/EC (Mixed Use Regional Center). Parcel 5 is proposed to be zoned R-2 (Mixed Density - Residential). Inn making its decision, City Council shall use the criteria in Section 2.03 B of the Lande Use & Development Code. The rezoning of the property will help support, policies of the Comprehensive Plan. The Future Land Use portion of the Comprehensive Plan has designated this area as appropriate for Mixed Use - Commercial, which includes primary use of retail services, offices and hotels; High Density - Residential, which includes the primary uses of multi-family buildings; Medium Density Residential, which includes primary uses of single family detached, attached, and small-scale multi-family buildings; and Natural Resource Conservation, which limits development. The proposed zoning map amendment meets numerous other policies as outlined in the staff report. In the Opportunity Area policy section of Chapter 3, the proposed property meets a number of standards including number 6, which states that high-density residential with unique design qualities and a mixed-use format shall be encouraged to support the areas commercial development and should be concentrated south of E-470. This is supported by the residential and mixed-use zoning districts being proposed within the development. This section also states that open space should be preserved, especially those areas within the floodplain along Second and Third Creek, which is directly supported Within the Comprenensive Plan, Chapter 4 on Citywide Principles, Polices and Strategies, the proposed zoning map amendment advances a number of these policies. The proposed mix of residential and commercial uses encourages the live, learn, work, shop and play concept and encourages a diversity of housing costs and types. The proposal meets the criteria 2- 5 of the Land Use & Development Code. The areas within the DRCOG Urban Center encourages a mix of uses and higher densities within the urban center boundaries. The property can be adequately served, and any future site developer will pay applicable costs to connect to the city's infrastructure. The residential  were completed.  use the same criteria to review the proposal.  Parcel 6, which is mostly floodplain, is proposed to be zoned OS (Open Space).  by the floodplain proposed as open space on the southwest corner of the property.  4    City Council  Meeting Minutes  February 6, 2024  growth occurring in this part of the city was not anticipated when this property was initially zoned. This application balances community needs and desires for residential and commercial uses. City staff finds this as appropriate for mixed use commercial and residential uses given its specific location and based on the desires of the community as expressed in the Comprehensive Plan. Site development, including buffering and building design, will occur in accordance with the applicable zone district standards as outlined in the Land Use & Development Code. Any site on the property will only be permitted with a design that ensures it fits in with the context and development, patterns oft the area. Public notice was provided in accordance with the Land Use & Development Code and information was posted on various social media sites. A neighborhood meeting was held on October 24, 2022. Staff received one formal comment regarding the project. The Development Review Committee reviewed the project and recommended approval. The Planning Commission heard the request on December 14, 2023, and unanimously voted to recommend approval. Staff finds that the proposal meets the review criteria in the Land Use & Development Code and therefore recommends approval of  the Zoning Map Amendment.  Mayor Mills asked ift the applicant would like to add anything to the presentation.  Mayor Mills called for a break at 6:43 p.m. to allow the applicant time to get their, presentation/eady. Karen Henry with Henry Design Group, Denver. Ms. Henry explained that the current zoning is much higher in intensity than what is being proposed and noted that those uses are no longer permitted by the Comprehensive Plan. The proposed E-470. interchange has been moved from Potomac Street to Sable Boulevard and right of way has been dedicated by this landowner to accommodate this interchange. This will enhance the transportation for the overall area. Mixed Use = Commercial along Sable Boulevard will provide for regional shopping, employment, and institutional uses arranged in the heart of a multi-modal destination at the southeast corner of E-470 and Sable Boulevard. These uses will be attractive to users desiring high visibility and good access and will be complimentary to the adjacent Adams County Government Center. The. high density residential is proposed in Parcels 1 and 4 along E-470 and adjacent to the mixed-use commercial along 124th Avenue. The R-3 district provides residential living in a moderate density pattern in a suburban neighborhood providing transitions from the lower density areas to more intense non-residential uses. There will be a mix of housing options to meet current market demand. The open space in the Second Creek corridor will provide for trail connections to the Adams Crossing property. This developer will be responsible for all infrastructure onsite and immediately adjacent to the site. This project will enhance the City of Brighton vision for sustainability, uniqueness and inclusivity thereby strengthening the city's quality of life. Leif Southwell expressed concern regarding the homes being 300' from E-470 and industrial uses, and Doug Woolverton expressed concern regarding the increased traffic in the area and the density of the Caroline Pera expressed concern regarding the commercial and multi-family development in this rural  Mayor Mills reconvened the meeting at 6:49 p.m.  the traffic impact. residential development. area and the increased traffic.  Mayor Mills asked ift there were questions from City Council.  Councilmember Snyder asked if the developer is pursuing a number of row homes and duplexes to be purchasable and not rentals. Clark Carlson explained that the proposal today is to zone the property in conformance to the existing Comprehensive Plan. There is nobody looking at the property at this time Mayor Pro Tem Padilla asked if Councimember Snyder was on the Planning Commission when this was voted on and Councilmember Snyder indicated that he was. Councilmember Snyder recused  due to the market and interest rates.  himself.  5    City Council  Meeting Minutes  February 6, 2024  Councilmember Pawlowski stated that growth is going to happen, and it needs to happen in a smart and positive way. The traffic is already an issue and will only increase when the E-470 interchange is Mayor Pro Tem Padilla explained that this area is planned to be an urban center and growth is intended to happen there. The current industrial uses are not consistent with the Comprehensive Plan and the goal is to create an area where people can come into and out of the city with various forms of transportation. There is a demand for new residential and this plan is designed to keep the spirit of greater mobility and create an area with an urban center feel. The recent housing needs assessment indicated a need for 350 new homes per. year for new residents and 40% of those need to be more affordable. Paired homes and row homes are a good option for affordability. The E-470 interchange will be a main access point in the city. Improvements will need to be made to 124th Avenue to Councilmember Fiedler explained that 27J Schools have grown 40% in the last few years. Councilmember Fiedler asked if there are plans to make Sable Boulevard a four lane, any improvements to 124th Avenue and who will pay for those improvements. Planner Lane explained that the applicant completed a basic traffic performance memo contemplating the traffic that could be generated for each possible use. A traffic impact study is required at each stage of the process. A development agreement will be done at final plat and the developer will be responsible for any Councilmember Johnston asked ift this property had been rezoned previously and Planner Lane stated that it had not. Councilmember Johnston asked when Council will see this project again and Planner Lane indicated that it would come back to Council with the subdivision plan. Councilmember Johnston asked if the developer would be dedicating water and Planner Lane stated that city policy requires a developer to provide water. Councimember Johnston asked if the developer would be required to build the roadways and asked that staff ensure that the traffic impact study indicates the actual amount of traffic that will be generated. Planner Lane stated that a more in-depth traffic study will be submitted and reviewed by the city's traffic engineers and the developer will be responsible for building what is required in the development agreement. Councilmember Johnston asked if staff reached out to Mr. Carlson to update his plan to meet the Comprehensive Plan. Planner Lane explained that the developer came to the city for development and staff worked with them so their plan would mirror the Comprehensive Plan. Councilmember Johnston recommended putting more of a buffer between the homes and E-470. Planner Lane explained that there are larger buffers against highways than other buffers in the city. Councilmember Johnston asked what the additional buffer is and Planner Lane Councilmember Green does not feel Sable Boulevard is ready for this traffic and asked how much of the roadway is the developer responsible for. Planner Lane explained that the traffic impacts are based on the final use. Assistant Director of Public Works Christopher Montoya gave a description of the improvements that are planned for the 120h Avenue, 124th Avenue and Sable Boulevard roadways now and in the future. Councimember Green asked what the improvements on Sable Boulevard look like from 136th Avenue to Bromley Lane. Assistant Director Montoya explained that the intersection improvements include the addition of turn pockets, widening of the roadway and then full build out fora a minor arterial with two lanes in each direction and a middle turn lane. Councilmember Green asked what the timeframe is for the turn pockets on Sable Boulevard. Assistant Director Montoya explained that final design should be done in two years and three to five years for construction. Mayor Mills asked if there has been any movement to improve the area at the intersection of Highway 85 and 120h Avenue. Assistant Director Montoya stated that he cannot speak on CDOT projects and Mayor Pro Tem Padilla asked if Sable Boulevard needs improvements or signals need installed, this would take place in the first phase of the development and Planner Lane stated that is correct. Mayor Pro Tem Padilla asked if the developer is only responsible for one side of the roadway, Council has guided staff to invest in the full development of the roadway and the future developer of the other portion of the roadway would reimburse the city and Planner Lane agreed. Mayor Pro Tem Padilla asked ift there will be other open space requirements in the development beyond the open space being designated in Parcel 6. Planner Lane stated that is correct, the portion designated as natural resource  completed.  accommodate the additional traffic.  improvements that are needed.  stated that iti is 100' from the lot line.  has no timeline for that work.  6    City Council  Meeting Minutes  February 6, 2024  conservation is all floodplain, which is undevelopable. This area will remain as open space, other than a park. In each residential and commercial development, additional parks and open space will be required. Mayor Pro Tem Padilla asked for clarification ift the high density could be 20 story apartments and Planner Lane explained that 45' or 3 % stories is the height limit for a garden apartment building type. An internally accessed apartment can go up to 10 stories, but that is a conditional use. Mayor Pro Tem Padilla asked if the medium density allows row homes and patio homes. Planner Lane agreed and stated that it would also allow for smaller single family detached homes. Councilmember Pawlowski asked ift the high-density product near E-470 would be built 100 ft. from the highway. Planner Lane explained that iti is 100 ft. from the property line.  Mayor Mills closed the public hearing at 7:45A p.m. Ordinance. Motion passed by the following vote:  Motion by Mayor Pro Tem Padilla, seconded by Councilmember Taddeo, to approve the  Aye: 6- Mayor Mills, Mayor Pro Tem Padilla, Councimember Fiedler, Councimember  Johnston, Councilmember Taddeo, and Councimember Worth  No: 2- Councilmember Green, and Councimember Pawlowski  Recuse: 1- Councilmember Snyder Mayor Mills called for a break at 7:47 p.m. Mayor Mills reconvened the meeting at 7:55A p.m.  7. CONSOLIDATED ITEMS FOR SEQUENTIAL REVIEW  A. 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 & DEVELOPMENT CODE, RELATING TO HISTORIC PRESERVATION (PUBLIC HEARING, FIRST READING)  Mayor Mills read the title of the Ordinance into the record.  Mayor Mills opened the public hearing at 7:56 p.m. and City Clerk Natalie Hoel verified the required postings and publications (January 19, 2024, on the City of Brighton website) for this public hearing Senior Planner and Historic Preservationist Emma Lane presented the Historic Preservation Code Amendments for Items 7A and 7B. The Historic Preservation Commission (HPC) Bylaws establish the process for running the HPC meetings, elections and voting and are approved by the HPC. The Brighton Municipal Code establishes the HPC as a valid, quasi-judicial commission of the city. This document lays out the charges and duties of the HPC. The Land Use & Development Code establishes processes for the implementation of Historic Preservation goals and policies such as Planner Lane presented a summary. of the changes to the HPC Bylaws including removing duties already laid out in the Brighton Municipal Code, adding organizational items found in other documents, streamlined various names, acronyms, etc., and correct various typos and grammatical errors. The proposed changes to the Municipal Code would remove duplicative information that is better suited in the bylaws, add information from the other documents more suited for the Municipal Code, remove the need for an annual report and future action plan to the City Clerk, streamlined various names, acronyms, etc., and corrected various typos and grammatical errors. The proposed updates to the Land Use & Development Code include simplifying processes that were previously convoluted and hard to follow, streamlined definitions and creating consistency in the document using defined terms, creating consistency in the review criteria for Certificates of Appropriateness, designations,  were completed.  designation of landmarks, review of designated structures, demolitions, etc.    City Council  Meeting Minutes  February 6, 2024  demolitions, etc., streamlined various names, acronyms, etc., and corrected various typos and City Council shall use the criteria in Section 2.10 B of the Land Use & Development Code when reviewing these proposals. The amendment supports the Land Use & Development Code by implementing recommendations from the Comprehensive Plan that relate to Historic Preservation within the city. The amendment supports the Comprehensive Plan Policy 10.1, which states that the city should encourage and support historic preservation and the reuse of existing structures. The amendment is a direct result oft the difficulty of implementing the Code as it is currently written and as such, the changes will encourage public safety, health and general welfare of the community as well as improving the effectiveness and efficiency of administering the Land Use & Development Code. Staff finds that the amendments are in general compliance with the requirements for the Code amendment and recommends approval. The Planning Commission reviewed the changes to the Land Use & Development Code and recommended approval. Public notice for the Land Use & Development Code Amendments was provided in accordance with the Land Use & Development Code and a notice was published on the City of Brighton website on January 19, 2024, and on various social media sites.  grammatical errors.  No formal comments have been received.  Mayor Mills asked ifany correspondence had been received, there was none. Mayor Mills asked if there were questions from City Council, there was none.  Mayor Mills closed the public hearing at 8:04 p.m. Ordinance. Motion passed by thet following vote:  Motion by Councilmember Johnston, seconded by Councilmember Worth, to approve the  Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councimember  Green, Councimember Johnston, Councilmember Pawlowski, Councimember Snyder, Councilmember Taddeo, and Councilmember Worth  B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING ARTICLE 2-66 OF THE BRIGHTON MUNICIPAL CODE  RELATINGTO HISTORIC PRESERVATION (FIRST READING)  Mayor Mills read the title of the Ordinance into the record. Ordinance. Motion passed by thet following vote:  Motion by Councilmember Fiedler, seconded by Councilmember Pawlowski, to approve the  Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember  Green, Councilmember Johnston, Councilmember Pawlowski, Councimember Snyder, Councimember Taddeo, and Councilmember Worth  C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING TITLE 13 OF THE BRIGHTON MUNICIPAL CODE PERTAINING TO WATER AND WASTEWATER RATES, FEES, AND CHARGES ASSESSED BY THE CITY OF BRIGHTON; SETTING FORTH EFFECTIVE DATES  FOR SAID RATES, FEES, AND CHARGES (FIRST READING) Mayor Mills read the title of the Ordinance into the record.  Finance Director Catrina Asher presented the proposed updates to the residential water and wastewater rates and fees, which includes tier structure updates, usage rates, and impact fees. Utilities Director Scott Olsen explained that this request is to increase the water impact fee to cover large capital improvement costs and account for the continued growth of the city. This impact fee will be split into two fees, one fee ift the project has dedicated water and one fee if the project has the right top pay ai fee-in-lieu. The wastewater impact fee will now be called a connection fee, there is no change  8    City Council  Meeting Minutes  February 6, 2024  in the amount. The newi fees will go into effect on April 1, 2024.  The Phase 2 GMP Contract Amendment is being amended. The two-milon-dollar contingency fee has Motion by Councilmember Pawlowski, seconded by Mayor Pro Tem Padilla, to approve the  been added.  Ordinance. Motion passed by thet following vote:  Aye: 8- Mayor Mills, Mayor Pro Tem Padilla, Councimember Fiedler, Councilmember  Green, Councilmember Pawlowski, Councilmember Snyder, Councimember  Taddeo, and Councimember Worth  No: 1- Councilmember Johnston  D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING AN AMENDMENT TO THE CONTRACT WITH GARNEY COMPANIES, INC. FOR THE WATER TREATMENT PLANT EXPANSION PROJECT FOR THE TOTAL CONTRACT AMOUNT OF ONE HUNDRED SIXTY-SEVEN MILLION, TWO HUNDRED SIXTY-NINE THOUSAND, TWO HUNDRED TWENTY-FOUR DOLLARS $167,269,224.00), AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY, AND APPROVING OTHER ADMINISTRATIVE MATTERS RELATED  THERETO  Mayor Mills read the title of the Resolution into the record. 2024-10. Motion passed by thet following vote:  Motion by Councilmember Green, seconded by Councilmember Taddeo, to approve Resolution  Aye: 8- Mayor Mills, Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember  Green, Councimember Pawlowski, Councimember Snyder, Councimember  Taddeo, and Councilmember Worth  No: 1- Councilmember Johnston  8. ORDINANCES FORI INITIAL CONSIDERATION  A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING SECTION 12-16-50 OF THE BRIGHTON MUNICIPAL CODE REGARDING OVERHEAD CLEARANCE OF LANDSCAPING OVER  ROADWAYS  Mayor Mills read the title of the Ordinance into the record. sidewalks for clearance of large and emergency vehicles. Ordinance. Motion passed by the following vote:  Assistant Director of Parks and Open Space Kyle Sylvester presented the proposed change to the Municipal Code to increase the minimum height of trees over streets from 8 ft. to 14 ft. and 8 ft over Motion by Councilmember Pawlowski, seconded by Councilmember Fiedler, to approve the Aye: 9- Mayor Mills, Mayor Pro Tem Padilla, Councimember Fiedler, Councimember  Green, Councimember Johnston, Councimember Pawlowski, Councimember Snyder, Councilmember Taddeo, and Councimember Worth  9    City Council  Meeting Minutes  February 6, 2024  B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE VACATION OF A PORTION OF AN EXISTING 10 FOOT UTILITY AND DRAINAGE EASEMENT GENERALLY LOCATED TO THE NORTH OF THE GATEWAY STREET ALIGNMENT, SOUTH OF EAST 120TH AVENUE, EAST OF SOUTHGATE BOULEVARD AND WEST OF SOUTH PLATTE VALLEY AVENUE, MORE PARTICULARLY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF  COLORADO  Mayor Mills read the title of the Ordinance into the record.  Associate Planner Summer McCann presented the Brighton Ridge Subdivision Filing No. 1 Easement Vacation. When the property was platted in 1988, several utility and drainage easements were dedicated to the city. The Final Plat of Brighton Ridge Filing No. 1 replatted the previous Lot 1 into its current configuration as Tract B. The proposal is to vacate a portion of the current utility easement to allow maximum flexibility for commercial development. City Council shall use the criteria found in Section 2.13 B of the Land Use & Development Code. Planner McCann presented the proposed infrastructure improvements for the Brighton Ridge Phase 1 infrastructure. As future development will be served by utility lines within right of way, staff has found that there is no public purpose for the easement. The proposal does not impact the goals and policies of the Comprehensive Plan and has not been found to conflict with the Colorado Statutes, the Colorado Constitution, or the Brighton City Charter. Notice was posted on the city's website and various social media sites on January 22, 2024. Motion by Councilmember Green, seconded by Councilmember Fiedler, to approve the  Staffrecommends approval of the easement vacation. Ordinance. Motion passed by thet following vote:  Aye: 9- Mayor Mils, Mayor Pro Tem Padilia, Councilmember Fiedler, Councilmember  Green, Councilmember Johnston, Councilmember Pawlowski, Councimember Snyder, Councilmember Taddeo, and Councimember Worth  9. ORDINANCES FOR FINAL CONSIDERATION  A. 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  Mayor Mills read the title of the Ordinance into the record. change the hours of operation to 8:00 a.m. to midnight.  City Manager Michael Martinez explained that the Ordinance was amended from first reading to Motion by Councilmember Johnston, seconded by Mayor Pro Tem Padilla, to amend Ordinance 2439 to change the timeframe for accepting applications from 90 days to 60 days. Motion  passed by the following vote:  Aye: 7- Mayor Pro Tem Padilla, Councilmember Fiedler, Councilmember Green,  Councilmember Johnston, Councilmember Snyder, Councilmember Taddeo, and  Councilmember Worth  No: 2- Mayor Mills, and Councilmember Pawlowski  10. RESOLUTIONS  11. UTILITIES BUSINESS ITEMS  10    City Council  Meeting Minutes  February 6, 2024  12. GENERAL BUSINESS 13. REPORTS A. By the Mayor  Mayor Mills attended the Highway 7 Coalition meeting, the NATA meeting, the CML Policy Committee meeting, the Metro Mayors Caucus retreat, the DRCOG meeting, the ADCOG dinner, the Chamber Awards dinner, the tour of DIA Security West, the AC-REP Legislative reception, the Richard Lambert  Foundation event, the Sister Cities dinner and the 17h, Judicial Court meeting.  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 and Commission vacancy update.  Councilmember Worth attended the Youth Commission meeting.  Councilmember Pawlowski attended the ADCOG dinner, the 27J Schools joint meeting, and the Sister Councilmember Green announced that the Pennock Center Mardi Gras dinner is Saturday. Councilmember Taddeo attended the Chamber gala and the 27J Schools joint meeting.  Cities dinner.  Mayor Pro Tem Padilla updated Council on the Housing Authority, and proposed bills at the state, and attended the ADCO Opioid Abatement Committee meeting. The BCAC Heals the Heart event is Councimember Fiedler attended the 27J Schools joint meeting and the Chamber gala. Councilmember Snyder attended the Brighton Urban Renewal Authority meeting.  Friday.  14. EXECUTIVE SESSION 15. ADJOURNMENT  Mayor Mills adjourned the meeting at 9:11 p.m.  CITY OF BRIGHTON, COLORADO  Myhe Gregory Mills, Mayor  ATTEST:  atliclanl Natalle Hoel, City Clerk aneh 5,9D4 Approval Date  11