CITY COUNCIL AGENDA MEMORANDUM

Transcription

1 City and County of Broomfield, Colorado CITY COUNCIL AGENDA MEMORANDUM To: From: Prepared by: Mayor and City Council Charles Ozaki, City & County Manager Tricia Kegerreis, Records & Licensing Administrator / Deputy City & County Clerk Meeting Date Agenda Category Agenda Item # July 28, 2015 Consent 7(a) Agenda Title: Approval of Minutes - Regular Meeting of July 14, 2015 Summary Attached for Council s approval are the Minutes of the Regular Meeting of July 14, N/A Prior Council Action N/A Financial Considerations Revise the Minutes, as submitted. Alternatives Proposed Actions/Recommendations That the Minutes of the Regular Meeting of July 14, 2015 be approved. 7(a) - Page 1

2 MINUTES CITY AND COUNTY OF BROOMFIELD COUNCIL MEETING JULY 14, 2015 ROLL CALL The Regular Meeting of the Broomfield City Council was called to order by Mayor Randy Ahrens at 6:00 p.m., Tuesday, July 14, 2015, in the Council Chambers of the George Di Ciero City and County Building. Those present were: Councilmembers David Beacom Martha Derda Dennis Harward Kevin Jacobs Elizabeth Law-Evans Todd Schumacher Mike Shelton Greg Stokes Sam Taylor Those absent were: Councilmember Sharon Tessier Also present were: Deputy City & County Manager Kevin Standbridge City and County Attorney William Tuthill Administrative Analyst / Deputy Clerk Judy Keiser Various Department Staff Members REVIEW AND APPROVAL OF AGENDA There were no changes to the Agenda. PETITIONS AND COMMUNICATIONS There were no petitions or communications. CITIZENS' COMMENTS There were no citizens comments. COMMUNITY AND EVENT UPDATES There were no community or event updates. CONSENT AGENDA The Consent Agenda items were read by title. a. Approval of Minutes June 23, 2015 Regular City Council Meeting The recommendation was that the Minutes of the Regular Council Meeting of June 23, 2015 be approved. 7(a) - Page 2

3 -2- b. Resolution No Authorizing and Approving an Agreement by and between the City and County of Broomfield and Becker Arena Products, Inc. for the Broomfield Industrial Park Dasher Board Replacement Project The recommendation was that Resolution No be adopted. c. Resolution No Authorizing and Approving an Agreement by and between the City and County of Broomfield and Arrow J Landscape & Design, Inc. for the Broomfield Industrial Park Shade Structure Project The recommendation was that Resolution No be adopted. d. Resolution No Authorizing and Approving an Agreement by and between the City and County of Broomfield and Western Disposal Services, Inc. for Trash and Recycling Services at Municipal Facilities The recommendation was that Resolution No be adopted. Responding to Councilmember inquiry, Kathy Schnoor, Environmental Services Superintendent, advised that due to rapid market changes for recycled materials, a revenue projection was not made for 2016, but it is anticipated that revenue from recycled materials will be about 60% of what was received last year. e. Resolution No Authorizing and Approving an Agreement by and between the City and County of Broomfield and E-Z Excavating, Inc. for Construction of the Zang Street to Flatiron Boulevard Sanitary Sewer Improvements Adjacent to MidCities The recommendation was that Resolution No be adopted. f. Ordinance No Amending Chapter 3-20 of the Broomfield Municipal Code Relating to Procurement First Reading The recommendation was that Ordinance No be adopted on First Reading and ordered published in full; that a public hearing on said Ordinance be scheduled for 6:00 p.m., August 11, 2015, in the Council Chambers at the George Di Ciero City and County Building; and that Second and Final Reading on said Ordinance be scheduled for August 11, 2015, following the public hearing. g. Resolution No Authorizing and Approving Amendment Number Three to the Consulting Agreement by and between the City and County of Broomfield and OZ Architecture, Inc. for the Health and Human Services Facility Project Resolution No Authorizing and Approving a Purchase Order by and between the City and County of Broomfield and OZ Architecture, Inc. for Design of the City Park Channel Pedestrian Bridge The recommendation was that Resolutions No and No be adopted. Responding to Councilmember inquiry, Deputy City and County Manager Standbridge clarified the Amendment to the Consulting Agreement with OZ Architecture, as summarized in the Staff 7(a) - Page 3

4 -3- memorandum. He advised that the additional $5,000 is required to assure architectural and structural coordination and soundness for the public art pieces. COUNCILMEMBER SHELTON MOVED THAT AGENDA ITEMS 7(A) THROUGH 7(G) BE ADOPTED. THE MOTION CARRIED UNANIMOUSLY WITH COUNCIL- MEMBERS BEACOM, DERDA, HARWARD, JACOBS, LAW-EVANS, SCHUMACHER, SHELTON, STOKES AND TAYLOR VOTING AYE. CONVENE AS BOARD OF SOCIAL SERVICES There was no business for the Board of Social Services. CONVENE AS BOARD OF HEALTH There was no business for the Board of Health. CONVENE AS BROOMFIELD HOUSING AUTHORITY There was no business for the Broomfield Housing Authority. COUNCIL BUSINESS a. Public Hearing Revised Site Development Plan for Empire West Subdivision Adjustment 2 Lots 2A and 3A Children s Learning Adventure, per the Utility Service Agreement between the City and County of Broomfield and Empire West Holdings, LLC Applicant: Children s Learning Adventure Owner: Empire West Holdings, LLC Location: South of West 120th Avenue and East of the Greenway Park Resolution No Authorizing and Approving Empire West Subdivision Adjustment 2 Lots 2A and 3A Site Development Plan for Children s Learning Adventure Mayor Ahrens opened the public hearing at 6:13 p.m. regarding an Amendment to the Site Plan for Children s Learning Adventure, a daycare center proposed to be located at the southwest corner of West 120th Avenue and Gray Street, in the Empire West subdivision in Jefferson County. Deputy City and County Manager Standbridge introduced this item, noting that the property is in unincorporated Jefferson County. In 2013, Broomfield and the property owner made an agreement for utilities and sewer service. As part of the agreement, development plans must be submitted to Broomfield for review and approval, in addition to receiving approval from Jefferson County, the governing authority. The Developer wants to enlarge the site and project size so the modified plan needs to be approved by the Broomfield City Council. Mr. Standbridge noted that the last time this project went before Council, the sidewalk was cited as an important requirement. Community Development Director Dave Shinneman summarized the Staff report and presented a video showing the site location. The Developer proposes to purchase an additional parcel and increase the size of the daycare center, which will require Broomfield s approval of a Site Plan Amendment. The Site Plan was reviewed and determined to be in accordance with the West 120th Avenue Corridor Sub-Area Plan. The building direction has been reoriented so that the main entry is internal to the site and will be less disruptive to the Greenway Park neighborhood. Parking meets Broomfield Municipal Code standards. Staff worked with the Developer to modify 7(a) - Page 4

5 -4- elevation of the play area adjacent to the Greenway Park neighborhood. Architecture and building materials are generally consistent with the requirements of the West 120th Avenue Corridor Sub-Area Plan, as is the signage. None of the neighbors attended a meeting that was held by the Developer on June 26, There are no remaining key Staff issues. David Newton, Applicant representative, had no additional comments but was present to answer questions. Public comment was received from Susan McCabe, a Greenway Park resident, who asked about plans for a gate in the wall between Greenway Park and the Children s Learning Center. Community Development Director Shinneman responded that there will be a six-foot panel wall on the west side of the development and compared the previous plan that was approved to the current plan that does not include a gate. There will be a sidewalk with access to the bus stop, but it does not go directly into the Children s Center. There is a path connection near Evergreen Street. Responding to Councilmember inquiry, Staff advised that the sewer and water capabilities are sufficient for the proposed expansion. The public hearing was closed at 6:23 p.m. Resolution No was read by title. COUNCILMEMBER SHELTON MOVED THAT RESOLUTION NO BE ADOPTED. THE MOTION CARRIED UNANIMOUSLY WITH COUNCIL- MEMBERS BEACOM, DERDA, HARWARD, JACOBS, LAW-EVANS, SCHUMACHER, SHELTON, STOKES AND TAYLOR VOTING AYE. b. Public Hearing The Ridge at Broomfield Planned Unit Development Plan and Preliminary Plat Second Amendment Regarding the Level 3 Community Gardens Owner/Applicant: Level 3 Communications, LLC Location: South of SH 128 and South of Ridge Parkway Resolution No Approving The Ridge at Broomfield Planned Unit Development Plan and Preliminary Plat Second Amendment Regarding the Level 3 Community Gardens Mayor Ahrens opened the public hearing at 6:25 p.m. regarding an Amendment to the Planned Unit Development Plan for The Ridge at Broomfield, to allow uses pertaining to a community garden project for Level 3 Communications employees. The garden is proposed to be located south of State Highway 128 and south of Ridge Parkway. Deputy City and County Manager Standbridge introduced this Agenda item, noting that the undeveloped property is to the south of Ridge Parkway and west of Broomfield s Detention Facility. For the short term, Level 3 Communications would like to use the property for a community garden. Rezoning is necessary since the current PUD does not include agricultural uses. Dave Shinneman, Community Development Director, summarized the Staff report and presented a video of the site location. With the PUD Amendment, permitted uses would be expanded to 7(a) - Page 5

6 -5- allow a community garden limited to one acre, as well as associated uses such as a garden shed, picnic area, and parking area. This would be the second Amendment to the PUD. The Comprehensive Plan designates the subject property as Neighborhood Residential. The Planning and Zoning Commission approved the proposed Amendment on June 22, There were no key issues identified by Staff. Sondra Smith, Applicant representative, described how the Level 3 Cares program was started a few years ago, in which Level 3 employees support various community programs. The Level 3 Community Garden would put the land to good use by providing fresh produce to programs such as FISH and Community Food Share. Employees would Adopt a Bed for $50 a plot to defray the cost of water. There is a connection with the Feeding Many program, which is helping with the project. There will be wheelchair access to the garden. Ms. Smith noted that many Level 3 employees are engaged in this project. There were no public comments. Councilmember comments included: 1) This is a great project and FISH will be thrilled to have this help; 2) Residents in the nearby apartments might also be interested in this project; and 3) Thanks to Level 3 for its support of this program. Responding to Councilmember questions, Staff and the Applicant advised that: 1) There is a possibility that inmates at the Detention Center could help with the gardens in the future; 2) There will be a compost pile at both ends of the garden; 3) A zoning change will not necessarily be required when this property is developed as there is nothing to preclude existing uses; 4) This type of use is an accessory use to the primary use in most areas; 5) Waterlines currently in Ridge Parkway allow for temporary irrigation permits within the guidelines of the Municipal Code; 6) Broomfield is working with Level 3 on water service alternatives to the proposed garden area; 7) A three-foot fence will be erected to delineate the garden but not to keep out animals or people; and 8) There will be no lighting in the area since only daytime use is expected. The public hearing was closed at 6:47 p.m. Resolution No was read by title. COUNCILMEMBER TAYLOR MOVED THAT RESOLUTION NO BE ADOPTED. THE MOTION CARRIED UNANIMOUSLY WITH COUNCIL- MEMBERS BEACOM, DERDA, HARWARD, JACOBS, LAW-EVANS, SCHUMACHER, SHELTON, STOKES, AND TAYLOR VOTING AYE. ATTORNEY'S REPORT No report was given. MANAGER'S REPORT No report was given. 7(a) - Page 6

7 -6- CONVENE AS BROOMFIELD URBAN RENEWAL AUTHORITY The meeting of the Broomfield Urban Renewal Authority was convened by Chairperson Ahrens at 6:49 p.m. Those present were: Members David Beacom Martha Derda Dennis Harward Kevin Jacobs Elizabeth Law-Evans Todd Schumacher Mike Shelton Greg Stokes Sam Taylor Those absent were: Members Sharon Tessier Also present were: Deputy City & County Manager Kevin Standbridge City and County Attorney William Tuthill Administrative Analyst / Deputy Clerk Judy Keiser Various Department Staff Members a. Resolution No UR Authorizing and Approving Amendment No. 3 to the Reimbursement Agreement by and among the Broomfield Urban Renewal Authority, Palisade Metropolitan District No. 1, and Palisade Metropolitan District No. 2 Chairperson Ahrens introduced consideration of an Amendment to the Reimbursement Agreement with Palisade Metropolitan Districts No. 1 and No. 2. Deputy City and County Manager Standbridge summarized the Staff report, noting that this is a clarifying resolution for the Palisade project. A recently enacted Urban Renewal reform bill changed the structure and terms of Urban Renewal financing. Broomfield has worked closely with the Developer and the St. Vrain School District and they have agreed to a Letter of Common Understanding which makes clear the terms relative to the Districts ability to pledge the revenue shared under the agreement to the Districts bonds and other financial obligations. This letter is required by the bank to close the infrastructure loan. The terms also clarify that any future increase in the school district s mill levy amount will be reimbursed to the St. Vrain District and will not be available to the Palisade Metropolitan Districts to pledge against debt. An Intergovernmental Agreement will formalize the terms of the letter agreement and will be brought before Council for consideration, probably in August. Representatives from the Palisade Metropolitan Districts were present to answer questions. There were no public comments. There were no Member comments or questions. 7(a) - Page 7

8 -7- Resolution No UR was read by title. MEMBER STOKES MOVED THAT RESOLUTION NO UR BE ADOPTED. THE MOTION CARRIED UNANIMOUSLY WITH MEMBERS BEACOM, DERDA, HARWARD, JACOBS, LAW-EVANS, SCHUMACHER, SHELTON, STOKES, AND TAYLOR VOTING AYE. The meeting of the Broomfield Urban Renewal Authority was adjourned at 6:55 p.m. CONVENE AS ARISTA LOCAL IMPROVEMENT DISTRICT BOARD OF DIRECTORS There was no business for the Arista Local Improvement District Board of Directors. SPECIAL REPORTS There were no special reports. COUNCILMEMBER AND MAYOR REQUESTS FOR FUTURE ACTION a. Request from Mayor Pro-Tem Stokes Concerning Council Appointments to Local Licensing Authority and Northwest Parkway Public Highway Authority Mayor Pro-Tem Stokes introduced his request for future action concerning Council appointments to the Local Licensing Authority and the Northwest Parkway Public Highway Authority Board. Council consensus was to proceed with consideration of the proposed appointments. COUNCILMEMBER JACOBS MOVED THAT COUNCILMEMBER BEACOM BE APPOINTED AS A MEMBER OF THE LOCAL LICENSING AUTHORITY IN PLACE OF MAYOR PRO-TEM STOKES; AND THAT COUNCILMEMBER SHELTON BE APPOINTED AS THE ALTERNATE MEMBER TO THE NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY BOARD OF DIRECTORS TO FILL THE VACANCY CREATED BY THE RESIGNATION OF COUNCILMEMBER WAYNE ANDERSON. THE MOTION CARRIED UNANIMOUSLY WITH COUNCILMEMBERS BEACOM, DERDA, HARWARD, JACOBS, LAW-EVANS, SCHUMACHER, SHELTON, STOKES, AND TAYLOR VOTING AYE. COUNCILMEMBER REPORTS National Association of Counties (NACO) Summer Conference Report Taylor Employee Appreciation Events Law-Evans Councilmember Law-Evans encouraged Councilmembers to attend these events. Sisters of Charity of Leavenworth Ahrens Mayor Ahrens encouraged attendance at the grand opening on July 23. Commended Staff on this Year s Fireworks Show Ahrens 7(a) - Page 8

9 -8- Clarification re: Councilmember Reports for Attendance at Conferences Ahrens / Schumacher Council s Travel & Training Policy requires a report for all conferences, regardless of how many Councilmembers attend. Transportation Steering Committee Meeting at NACO Conference Ahrens Mayor Ahrens advised that the American Association of Railroads has developed a program at a facility near Pueblo that offers emergency response training for train accidents. The Mayor will provide Staff with information about a new bill of lading computer application that identifies what each train car contains, important information for emergency responders. Trail Walk at Metzger Open Space Stokes Mayor Pro-Tem Stokes invited citizens to join him and Councilmembers Harward and Tessier on Saturday, August 1 for the trail walk. ADJOURNMENT The meeting was adjourned at 7:06 p.m. APPROVED: Deputy City and County Clerk Mayor 7(a) - Page 9