Brighton City Council Meeting - August 6, 2024

The Brighton City Council met on Tuesday, August 6, 2024, at 6:00 PM in the Council Chambers. The meeting included ceremonial swearing-ins, two final-reading ordinances, two resolutions (one postponed, one approved), a lengthy discussion on the Homestead development agreement, and reports on park vandalism and the City Attorney's annual report. The meeting concluded with two executive sessions.

Consent Calendar

• ID-206-24: Approval of the July 2, 2024 City Council minutes.
• ID-229-24: A resolution appointing Kevin Wieland as an alternate member of the Planning Commission (term to January 2029).
• ID-196-24: A resolution appointing members to the Brighton Youth Commission for terms ending June 2026.

All consent items were approved unanimously by roll call vote.

Ceremonies & Swearing-In

• Kevin Wieland was sworn in as an alternate Planning Commission member.
• New members of the Brighton Youth Commission and Brighton Youth IMPACT were sworn in. Each introduced themselves (name, school, grade, favorite food). City staff and council members expressed excitement about their energy and service.

Public Comments & Testimony

• Tom Lampo delivered a prayer for the city and its leaders, citing scripture. He did not address any specific agenda item.

Ordinances for Final Consideration

8A – Youth Membership on Boards and Commissions (Ordinance Amending Article 2)

• Councilmember Green stated opposition: "I do not believe we should have different criteria for our boards and commission memberships than we have for our adults" and argued that Brighton taxpayers should not pay for non-residents to attend meetings. He voted no.
• Mayor Pro Tem Padilla expressed support for youth participation but noted the ordinance creates inconsistencies for requirements on the Planning Commission and Parks and Rec Advisory Board. He voted no.
• Vote: Passed 7-2 (Green and Padilla opposed).

8B – Adams Point Zoning Map Amendment (C-3 to R-3) on approximately 7.387 acres north of East Bridge Street

• Councilmember Green moved approval.
• Vote: Passed 8-1 (no further details on the dissenting vote).

Discussion Items

9A – Resolution Amending City Council Policy for Appointment to Boards, Commissions, and Authorities

• City Attorney Calderon summarized changes: removing references to the lodging tax advisory committee, adding requirement for boards to provide interview summaries, allowing online meeting attendance for Planning Commission, and clarifying that the council interview committee may reject applicants not qualified or not city residents for one year.
• Councilmember Johnston proposed adding language to the policy so that applicants denied appointment receive a reason. After debate on whether this should be handled at the board/commission level or council level, the council agreed to continue the item to a future date for further refinement.
• Vote to postpone to future date: Passed 9-0.

9B – Resolution Approving Design Concept (Option 3) for Brighton Community Identity Design Plan

• Senior Planner Emma Lane noted the item was presented at the July 9 study session. Council was asked to vote on concept three.
• Mayor Pro Tem Padilla stated he would vote no because "I think it's inappropriate for the city council to be taking this action" – it is an administrative action, not a strategic council action.
• Vote: Passed 7-2 (Padilla and one other opposed).

10A – Homestead Development Discussion

• Developer Joel Farkas and attorney David Foster requested the council schedule a hearing to amend the Homestead development agreement. They sought to remove the obligation to build the west half of 50th Avenue (north from 168th), arguing it is almost entirely within the Town of Lochbuie (98% of traffic from Lochbuie) and that the road design has changed. They stated that funds currently set aside for that road could instead be used to complete two outstanding parks (Rotary Park and Homestead Park).
• Councilmember Green emphasized that developers should be held to their agreements, noting that residents demand accountability. He questioned the choice to reduce density (from 130 to 91 lots) without amending the development agreement and asked why the parks were not built earlier.
• Mayor Pro Tem Padilla expressed concern that linking the road and parks created a "Sophie's choice" and that removing the road obligation would shift costs to city taxpayers for parks. He questioned why the developer did not seek renegotiation when the plat was amended.
• Councilmember Fiedler questioned the total bond obligations on the community and noted that revenue from increased assessed valuation (including oil and gas) has grown significantly.
• Councilmember Snyder recused himself after disclosing a private meeting with the developer. Councilmember Johnston also recused (advised by city attorney as no vote was pending).
• Community Development Director Holly Prather clarified that the parks were required by 2013 per an amended agreement, and that staff denied the developer's application to amend the development agreement in May 2024, asking them to meet outstanding obligations first. She noted that removing the road obligation would leave the subdivision with only two access points (870 feet apart), a safety concern. She also stated that a 2020 design for the road was nearly approved but never finalized.
• Outcome: No vote was taken. Council did not schedule a hearing. The discussion highlighted staff's position that the developer must first address delayed parks and other obligations.

Watertower Park Vandalism and Closure (Department Director Report)

• Parks and Recreation Director Travis Haynes reported that on July 24, 2024, the city locked the gates to Watertower Park due to repeated vandalism by dirt bikes and ATVs, which caused significant damage to the synthetic turf fields. Photos showed tire marks, torn infill, and damage to the Brighton logo. The playground remains open.
• Councilmember Johnston expressed frustration that the decision was made without consulting council, calling it a lack of communication. He urged better communication on controversial decisions.
• Councilmember Wirth supported protecting the $4.5 million asset and suggested sending a blip to council when such decisions are made.
• Councilmember Snyder and Mayor Pro Tem Padilla noted that council had previously directed staff to protect the fields and that emergency decisions should be left to staff. Padilla added that the park's purpose as a scheduled sports facility justifies limited access, similar to other fenced fields.
• Police Chief stated they are not dedicating resources to actively track dirt bikers but are working on a strategy to address the issue in the adjacent neighborhood.

City Attorney Annual Report (ID-231-24)

• City Attorney Alicia Calderon presented an annual report covering 2023 and 2024 highlights: ethics trainings, municipal code updates, contract reviews, and municipal prosecution statistics. In 2023, the office handled 2,793 municipal cases (21 set for trial); in 2024, cases are averaging over 1,000 per month. She emphasized the increased enforcement due to additional police officers.
• Councilmember Green questioned the supervisory structure, noting the council hires the city attorney but the city manager does not directly supervise her. Calderon confirmed the council is her direct supervisor.

Board and Commission Vacancy Update

• City Manager Martinez reported vacancies: one Ward 2 Planning Commission member (filled alternate this evening), Parks and Rec Advisory Board (2 alternates), Brighton Urban Renewal Authority (2 members), Historic Preservation Commission (3 members, 1 alternate), Brighton Housing Authority (1 member, 1 alternate). He encouraged community involvement.

Councilmember Reports

• Various council members reported on community events, meetings, and upcoming activities, including the Adams County Fair, Youth Commission concerns about NLC restrictions, and downtown development authority research.

Key Outcomes

• Consent Agenda approved unanimously.
• Ordinance 8A (Youth membership) passed 7-2.
• Ordinance 8B (Adams Point zoning) passed 8-1.
• Resolution 9A (board appointment policy) continued to a future date (9-0).
• Resolution 9B (community identity design concept) passed 7-2.
• Homestead development discussion – No action taken; staff directed to continue working with developer on outstanding obligations.
• Watertower Park – Staff will continue to manage access to protect fields; improved communication with council requested.
• Executive Sessions – Two closed sessions held: personnel matter related to city attorney evaluation and real property acquisition. Participants included full council, city manager, city attorney, and HR directors. No improper actions noted upon reconvening at 9:41 PM.
• Meeting adjourned at approximately 9:41 PM.