Brighton City Council Meeting - June 4, 2024

The Brighton City Council met on Tuesday, June 4, 2024, at 6:00 PM in Council Chambers at 500 S. 4th Avenue, Brighton, Colorado. Mayor Gregory Mills was out of town, and Mayor Pro Tem Peter Padilla presided. Eight council members were present (Padilla, Fiedler, Green, Johnston, Pawlowski, Snyder, Taddeo, and Worth); all votes passed 8-0 with one absent. The meeting featured an LGBTQ+ Pride Month proclamation, extensive public comment on the Palace/Pilzzi Farm eminent domain matter (not on the agenda), first-reading approval of a fee-in-lieu water dedication ordinance for affordable housing, and unanimous direction to staff to draft an ordinance enforcing compliance with development agreements.

Consent Calendar

• Approved 8-0 (one absent) the consent agenda, including: approval of the May 7, 2024 City Council minutes; a resolution adopting the revised 2023-2027 Strategic Plan; and a resolution adopting the City of Brighton 2024 Sustainability Plan.
• Approved 8-0 the regular meeting agenda.

Ceremonies: LGBTQ+ Pride Month Proclamation

• Councilmember Ann Taddeo read the proclamation designating June 2024 as LGBTQ+ Pride Month. City Manager Michael Martinez accepted it on behalf of staff, stating that Brighton proudly supports Pride Month as an employer because it values diversity, inclusion, and equity.

Public Comments & Testimony

• Mayor Pro Tem Padilla reminded speakers that the Palace Farm/Parkland Metropolitan District matter was not on the agenda and that no direct action would be taken; the city does not respond to comments on non-agenda items.
• Tom Lampoon opened with a prayer citing biblical verses and urged the public to seek alternative media sources.
• Nancy Bisall (717 S. Twelfth Ave.) condemned what she called lies to the council, urged council not to approve anything from the developer, and said she would track the developer's other Brighton land.
• Tammy Smith (430 N. 16th Ave.) said eminent domain is legal but that how it is conducted determines whether it is moral; she asked the council to fix the mistake and adopt a policy requiring property owners to be notified of meetings involving eminent domain.
• Scott Dutcher said four Nextdoor posts reached about 3,400 people, demonstrating community engagement, and argued council members who still support Parkland Metropolitan District's use of eminent domain are on the wrong side of the issue.
• Stephen Fowler (Parker, Colorado) called the situation appalling, invoked 'We the People', and said farms have been lost to developers nonstop; his family has farmed in Colorado since 1895.
• Deborah Pilzzi (14840 Sable Blvd.) said the project would stop their flood irrigation and deep soil work, that the east-west pipes with only about two inches of slope contradict the natural south-north water flow, and that the easement would fill with trash and plug up. She said developer Jack Hoagland never contacted her after a June 2022 conversation, that his statements were proven lies in court on May 13, that his expert engineer said there are 19 ways to make the project work, and she asked why only the middle of her farm is being considered.
• Emily Ostrander, attorney representing Palace Farms, said the developer misrepresented impacts at the September 19, 2023 meeting: council was told farming could continue except for a couple of manholes, but the developer later filed for four 48-inch pipes, a service road, and a blanket easement. She said the amended easement is useless if the design does not physically allow farming and cited the district's own court filing stating the city could object, amend the IGA, or rescind the resolution, and still controls final design approval.
• Charlene Perea (375 Eastern Ave.) detailed the Pilzzi family's community contributions (produce, donations, Cornfest, employment, starter plants) and said losing the farm would be detrimental to Brighton.
• Pete Fibbs (168 Plumin Ave.) said the process was reactionary, that council members should have personally reached out to Deborah Pilzzi, and suggested suing the developer or revoking eminent domain rights based on misrepresentation.
• Dawn Woodworth (14575 Young Drive) said Parkland misrepresented the drainage plan, doubted the system would work without lift stations, and warned that a 100-year flood could create serious trouble in the lowland area.
• Dave Petraco, a farmer growing about 4,000 acres of vegetables in Adams and Weld counties, said the proposed burial depth was unusually shallow, warned of soil disturbance and fertility loss beyond the easement, and noted an existing storm channel on the farm's south property line as an alternative route. Kate Ritchie and Terylyn Romero donated their speaking time so he could finish.
• Terylyn Romero (Alma Lane, Kittredge, Colorado), a property rights advocate who fought Jefferson County over her backyard, said developers claim a need when it is a want, and argued the eminent domain approval should be revoked because the developer showed no good faith.

Ordinance for Initial Consideration (ID-177-24)

• City Manager Michael Martinez said the item was presented at the May 14, 2024 study session and stemmed from the October 2023 housing needs assessment. The ordinance amends Sections 13-4-05 and 13-4-10(a) of the Brighton Municipal Code to allow a fee in lieu of water dedication for affordable housing projects. Martinez emphasized the ordinance does not relieve the obligation to provide water; it changes the mechanism by which developers either bring water or pay for it. Utilities Director Scott Olsen and Community Development Director Holly Prather were available for questions.
• Approved on first reading 8-0 (one absent).

General Business

• Cancel June 18, 2024 meeting: Approved 8-0 to cancel the regular June 18 meeting because multiple members will attend the Colorado Municipal League Conference.
• Special meeting June 25: Approved 8-0 to hold a special City Council meeting on June 25, 2024 at 5:30 p.m., followed by the regular study session, to satisfy the charter's two-meetings-per-month requirement.
• Development Review Discussion (ID-178-24): Councilman Matt Johnston said he could not gather support for a special meeting on the Pilzzi Farm issue and instead placed this item on the agenda. He recounted that at the September 19, 2023 meeting, the developer said the Pilzzis could farm over one pipe with no surface infringements, and that when he asked at three hours and 31 minutes into the meeting whether farming could continue other than a couple of manholes, the answer was yes. Johnston said the then-city attorney confirmed any further eminent domain use would have to come back to council, but the developer later changed to four 48-inch pipes, added a service road, expanded the easement, and claimed 24-hour access, and Deborah Pilzzi had not been notified of the meeting. He moved to direct staff to create a reporting mechanism and enforcement tool to force compliance with all original development agreements and to present options at the July 2 regular meeting. Councilman Jim Snyder seconded. Councilmember Tom Green questioned what teeth the request would have, and Councilmember Chris Fiedler asked the city attorney about enforcement options. City Attorney Alicia Calderon said the current code lacks such an enforcement mechanism, that other cities have added them, that laws cannot be retroactive, and that land use decisions become vested once made. Mayor Pro Tem Padilla suggested modeling an ordinance on a relatively new Aurora ordinance. Johnston accepted amendments removing the final plat review reference and moving the presentation to the July 9 study session, per City Manager Martinez's request due to the July 4 holiday. The amended motion passed 8-0. Green later emphasized that council did not grant eminent domain, is not a party to the case, and cannot unwind the decision.

Reports

• Mayor Pro Tem Padilla (on behalf of the Mayor) highlighted Brighton Summerfest, the Face vocal band concert at the Armory, the upcoming Adams County Pride Fest, an airport coordinating committee meeting on airport noise, the Brighton Housing Authority meeting, and new artist-wrapped signal boxes near Founders Plaza.
• Police Chief Domenico, introduced by the City Manager, presented the Adams County Family Justice Center concept, which would bring protection orders, housing, therapy, law enforcement, social services, and forensic exams under one roof at no charge. A strategic planning session hosted by the Adams County District Attorney's Office will be held June 26-27 at the Armory in Brighton; RSVPs are due June 20. He invited council members to ensure Brighton is represented. Councilmember Taddeo voiced strong support, citing a tour of Jefferson County's Porch Light Family Justice Center.
• City Manager Martinez encouraged residents to apply for open board and commission seats at BrightonCo.gov.
• Councilmember reports included: Taddeo on Summerfest and the Prince Act tribute; Green distinguishing an affordable housing shortage from a housing shortage and a water treatment shortage from a water shortage; Pawlowski on a funeral and upcoming E-470 fundraiser grant presentations ($2,000-$10,000); Worth on the BEC picnic, Adams County Council of Governments (possible IKEA at Highway 7 and I-25), a water treatment facility tour, and a Brighton Housing Authority workshop; Johnston on coaching Brighton High School football and a Friday scrimmage between Riverdale Ridge and Prairie View; Fiedler on Summerfest and continuous improvement; and Snyder on the Armory's new sound system, Summerfest, and the police department's community engagement.

Executive Session

• Approved 8-0 (one absent) a motion to recess under C.R.S. 24-6-402(4)(b) and Charter Section 5.4(C)(3) to receive legal advice.
• Approved 8-0 (one absent) a motion to recess under C.R.S. 24-6-402(4)(a) and (e) and Charter Section 5.4(C)(1) and (2) to discuss negotiations for the sale and/or acquisition of real property.
• The council reconvened at 8:41 p.m. Participants were the eight council members, City Manager Michael Martinez, City Attorney Alicia Calderon, and Utilities Director Scott Olson. No concerns about improper executive session discussion were raised.

Key Outcomes

• Consent agenda approved 8-0, adopting the revised 2023-2027 Strategic Plan and the 2024 Sustainability Plan.
• June 2024 proclaimed as LGBTQ+ Pride Month.
• Fee-in-lieu of water dedication ordinance for affordable housing approved on first reading 8-0.
• June 18 meeting canceled and special meeting scheduled for June 25 at 5:30 p.m., both 8-0.
• Amended motion passed 8-0 directing staff to develop a reporting mechanism and enforcement ordinance for compliance with original development agreements, with options presented at the July 9 study session.
• Executive sessions held for legal advice and real property negotiations; meeting adjourned at 8:41 p.m.