Brighton City Council Meeting - September 17, 2024

The Brighton City Council met on September 17, 2024, at 1:00 PM (MT) to address a consent calendar, public comments, several property transactions, an ordinance on utility impact fees and rates, a parking permit program for Brighton High School, and a change to the November meeting date. The meeting lasted approximately two hours and included multiple votes and public testimony.

Consent Calendar

• Approved the August 20, 2024, city council minutes (9-0).
• Approved a resolution appointing Megan Mothershed as an alternate member of the Parks and Recreation Advisory Board with a term to January 2029 (9-0).

Public Comments & Testimony

• Mike Boutwell (353 N. 10th Avenue) expressed multiple grievances: claimed his First Amendment rights were violated by a three-minute speaking limit, called the city's R.O. plant a "reverse Ponzi scheme," objected to eminent domain requirements for fence setbacks, complained about inconsistent road signs, and alleged reverse discrimination and lack of police response to past attacks. He also criticized demographic changes in Brighton.
• Tom Lampo led a prayer for the city, referencing historical covenants and encouraging trust in God during election anxiety.
• Jan Smith (property owner of a fourplex on Walnut Street) spoke on item 8A, noting her sewer bills had exceeded water bills in recent months due to the method of calculating sewer charges based on actual water usage. She requested reconsideration of the rate structure, warning it could force rent increases or property neglect.
• Edward Teske (253 S. 8th Avenue) complained about lack of enforcement of the Brighton High School parking permit program, stating police officers ignored violations and that he had been told by an officer that his calls would be ignored. He also noted unsafe speeding and crosswalk blocking.
• Daniel Teske (property owner at 253 S. 8th Avenue) criticized the $50 fee for two parking permits, calling it discriminatory and a tax on homeownership. He demanded enforcement of parking laws, removal of illegally parked cars, and installation of speed bumps on South 8th Avenue. He also questioned the competence of the school resource officer.
• Scott Corell (212 S. 10th Avenue) expressed concern about proposed changes to the parking permit program, stating that when he purchased permits, he was told they would not expire and were a one-time $25 fee. He opposed any renewal fees or additional costs.

Discussion Items

• Item 7A – Sale of City-Owned Property: The city utilities director presented a ~5-acre parcel (part of a larger water dedication) that was unusable for the city's purposes. The neighboring property owner offered to purchase it for $31,500, based on appraised value of ~$100,000 but discounted due to limited utility. The city also recovered $1,500 for the appraisal. Councilmember Green asked about the appraisal figure. The motion passed 8-1.
• Item 8A – Ordinance Amending Impact Fees and Utility Rates (Second Reading): This was the final reading of an ordinance amending municipal code articles on impact fees and utility rates. Staff clarified that the ordinance did not address the sewer billing issue raised by Jan Smith, but that a future cleanup of definitions would treat fourplexes as residential for sewer rate calculations (using winter average water usage instead of actual). Councilmember Johnston opposed, arguing the ordinance would raise water rates and improperly delegate wastewater impact fee authority to Metro Water Recovery and the Town of Lochbuie. The motion passed 7-2.
• Item 9A – Purchase of Property at Sable Blvd and 136th Avenue: The city proposed purchasing the southeast corner property for $690,000 (not to exceed $740,000 with costs) to enable the future widening of Sable Boulevard. The motion passed 9-0.
• Item 9B – Purchase of Property at Tower Road and Southern Street: The city proposed acquiring a 7.5-acre parcel at the intersection of Bromley Lane and South 40th Avenue (Tower Road) to expand sports fields adjacent to existing city-owned land. The purchase would create a corridor of recreational facilities. The motion passed 9-0.
• Item 11A – Brighton High School Parking Permit Program (Motion on the Floor): Mayor Pro Tem Dill introduced a motion from a previous meeting to: (1) grant the city manager or designee authority to make exceptions to the two-permit-per-household limit for good cause or extenuating circumstances, and (2) move the annual $25-per-permit fee into the city's annual fee resolution for regular council consideration. Council debated the merits: Councilmember Pulowski supported the first part but opposed the second, arguing residents should not have to pay annually to park on public streets near their homes. Councilmember Johnston opposed the motion, warning that giving the city manager discretion could lead to inequitable distribution of permits and that the program was being changed after residents were promised no changes. Councilmember Green supported the motion, noting the fee still does not cover the program's full cost and that the motion simply enforces the originally approved annual fee. Councilmember Tadeo, who lives in the affected area, supported moving the fee to the resolution but opposed renewal fees. Public speakers demanded enforcement of parking rules. The motion passed 7-2.
• Item 11B – Change of November 5th Meeting Date: Mayor Pro Tem Dill moved to cancel the regular November 5th meeting (Election Day) and replace it with a special meeting on Monday, November 4th at 6:00 PM, to avoid conflicts with election activities. Councilmember Johnston recused himself due to election involvement. Councilmember Green opposed, arguing there was no need to move the meeting. The motion passed 5-3 (with one recusal).

Key Outcomes

• Consent Agenda approved 9-0.
• Regular Agenda approved with modifications (removal of item 4B and 13A, addition of item 11B) – vote not recorded, but up to 8-0? (Councilmember Johnston recused).
• Megan Mothershed sworn in as alternate member of Parks and Recreation Advisory Board.
• Item 7A (sale of property) approved 8-1.
• Item 8A (impact fees and utility rates ordinance) approved 7-2.
• Item 9A (sable property purchase) approved 9-0.
• Item 9B (Tower Road property purchase) approved 9-0.
• Item 11A (parking permit program modifications) approved 7-2.
• Item 11B (meeting date change) approved 5-3, with one recusal (Councilmember Johnston).
• The next regular council meeting is scheduled for October 1, 2024 (no study session on September 24).