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Record of Proceedings

Brighton City Council Meeting - October 15, 2024: Budget Approval, Land Use Enforcement, and Utility Rate Debate

City Council — Tuesday, October 15, 2024
BodyBrighton, Colorado
SessionCity Council
DateTuesday, October 15, 2024
StatusFILED
Video Record
0:00 / 2:28:17

Transcript — Verbatim
1:28

Evening.

1:29

I'm gonna call to order our city council meeting for October fifteenth, twenty twenty four.

1:36

I'm gonna request Councilmember Green to lead us in the Pledge of Allegiance.

2:15

All right.

2:18

Madam City Clerk, please call roll.

2:24

Mayor Mouse.

2:26

Here.

2:26

Mayor Pro Tempadilla?

2:28

Here.

2:29

Councilmember Fiddler.

2:31

He is ill today.

2:32

Councilmember Green?

2:35

Councilmember Johnston.

2:36

Present.

2:37

Councilmember Pulaski.

2:38

I'm here.

2:39

Councilmember Snyder?

2:41

Here.

2:41

Councilmember Tadeo.

2:43

Present.

2:43

Councilmember Wirth.

2:45

Here.

2:46

You have a forum, Your Honor.

2:48

Thank you.

2:50

Next is the consent agenda.

2:52

Madam City Clerk.

2:53

Please read that into the record.

2:56

Item two A, approval of the September seventeenth, twenty twenty-four city council minutes.

3:01

Item two B, a resolution of the City Council of the City of Brighton, Colorado, setting compensation for City Manager Michael P.

3:08

Martinez upon conclusion of the annual performance evaluation.

3:13

Item two C a resolution of the City Council of the City of Brighton, Colorado, approving employee benefits for twenty twenty-five, and authorizing the city manager to execute benefit contract documents.

3:26

Item two D, a resolution of the City Council of the City of Brighton, Colorado, appointing members to the City of Brighton Youth Commission for terms ending in June of twenty twenty-five and twenty twenty-six.

4:36

Councilmember Johnson, would you have preferred to per poll an item?

4:40

I'd be happy to, Mayor.

4:42

I'd be happy to pull item two C two C.

4:48

So we can vote on everything but C.

4:51

Does it have to be re-read in?

4:58

So I will entertain a new motion.

5:00

We'll pull two C and the rest A, B, and D were read into the record.

5:06

Councilmember Green.

5:07

Thank you, Mayor.

5:08

I motion to approve the consent agenda minimum minus item C.

5:12

Okay.

5:13

We have a second.

5:14

Councilmember Wirth.

5:16

Thank you, Mayor.

5:17

I second that.

5:19

We have a first and a second to approve.

5:22

Um, two B and two D.

5:27

Roll call vote.

5:33

Motion passes eight to one.

5:36

Oh, eight to zero.

5:38

Thank you.

5:39

One absent.

5:43

So next we will go ahead and uh read in item two C, a resolution of the City Council, the City of Brighton, Colorado approving employee benefits for 2025 and authorizing the city manager to execute benefit contract documents.

5:58

Um council member Johnston, do you have any questions towards it?

6:02

No, um no, thank you, Mayor.

6:03

I uh voice my opinion vocally previous about the two percent and that change when it comes to both our police department and other employees, and I see that it's still here and cannot consent to it.

6:18

Okay.

6:18

Thanks.

Discussion Breakdown — Share of Meeting
Budget Equity Analysis█████████████████17%
Zoning and Land Use██████████████14%
Procedural███████████11%
Miscellaneous█████████9%
Water And Wastewater Management████████8%
Community Engagement███████7%
Proclamations Policy██████6%
Public Safety█████5%
Youth Programs█████5%
Summary of Proceedings

Brighton City Council Meeting - October 15, 2024

The Brighton City Council met on Tuesday, October 15, 2024, at 6:00 PM in Council Chambers. The meeting included a public hearing and adoption of the Fiscal Year 2025 budget ($255,284,504), approval of land use code enforcement mechanisms, resolutions on fees and mill levy, and discussion of CDOT's pause on Highway 7 construction. Council also addressed utility rate increases, Xcel easements, and a development agreement amendment. Votes were taken on multiple items, with some passing unanimously and others with dissent.

Consent Calendar

  • ID-264-24: Approval of September 17, 2024 City Council minutes – approved 8-0.
  • ID-280-24: Resolution setting compensation for City Manager Michael P. Martinez – approved 8-0.
  • ID-288-24: Resolution approving 2025 employee benefits – pulled by Councilmember Johnston; after discussion, approved 7-1 (Johnston voted no, citing a 2% change affecting police and other employees).
  • ID-278-24: Resolution appointing members to the Youth Commission – approved 8-0.

Ceremonies

  • Red Ribbon Week Proclamation (ID-263-24): Proclaimed October 23–31, 2024 as Red Ribbon Week. Received by Nicholas Stone, Unit Commander with Foothills Young Marines, and Young Marines members.
  • Domestic Violence Awareness Month Proclamation (ID-284-24): Proclaimed October 2024 as Domestic Violence Awareness Month. Presented by Police Chief Matt Domenico, who highlighted the prevalence and impact of domestic violence.

Public Comments & Testimony

  • Brian Bratcher (DR Horton Multifamily, 9555 S. Kingston Ct., Englewood): Requested that the DHI Telluride development (140 duplex units) be grandfathered into current 2024 development impact fees, arguing a $319,620 increase in proposed 2025 fees would make the project infeasible. He noted the project has already incurred $4.6 million in fee increases since 2021.
  • Tom Lampo: Offered a prayer for the community.
  • Mike Batwell: Spoke about collective unconscious, divergent thinking, and criticized drug trafficking; urged council to think outside conventional boxes.
  • Public Hearing on Land Use Enforcement (Item 6A):
    • Terolyn Romero: Expressed full support for the ordinance, linking it to holding developers accountable, specifically referencing Palace Farm and a developer who allegedly misrepresented drainage plans under oath. She urged a unanimous yes vote.
    • Liz Rubinstein (attorney representing Palace Farm): Supported the code amendments and proposed an alternative engineering solution to address stormwater impacts on Palace Farm, offering to collaborate with the district.
    • Janet Schroeder: Urged council to protect citizens and “stand firm,” referencing Palace Farm’s positive community impact.
    • Scott Dutcher: Stated that property rights and rule of law are essential, and enforcement actions are critical given the power of metropolitan districts.
    • Diane Gregorius: Urged a yes vote to hold developers to promises, citing her 20-year connection to Palace Farm.
  • Public Hearing on Budget (Item 7A): No public speakers signed up initially, but after the budget vote, Council allowed Morgan Cullen (Home Builders Association of Metro Denver) to speak on impact fees. He requested a phased-in fee increase over three years instead of the proposed 35% increase in 2025 and 29% in 2026, warning that higher fees would worsen housing affordability.

Discussion Items

  • Land Use Code Enforcement Mechanisms (Item 6A - Public Hearing): Director Holly Prather presented amendments to Articles 1 and 2 of the Land Use and Development Code to add enforcement tools for violations, including withholding permits, stop-work orders, and penalties. The amendments also change subdivision plan approval from Planning Commission to City Council as the approving body to avoid legal conflicts. Planning Commission recommended approval 3-0. Councilmember Green commended staff; Councilmember Johnston thanked the public for holding council accountable and referenced being misled by a developer in the past. Vote: 8-0.
  • FY 2025 Budget Adoption (Item 7A): Presenters Catherine (Budget Manager), Pierce Miller (Management Analyst), and Katrina Asher (Finance Director) reviewed the $255,284,504 budget. Changes from the proposed budget included final market/benefit numbers, pull-forward of the Colorado Park Dog Park, added grants (~$1 million), and increased water assistance. Discussion focused on utility rates (see below). Mayor noted the mill levy (6.650 mills) remained unchanged for 20 years.
  • Utility Rate Methodology (Part of Fee Resolution 7D): Katrina Asher explained that wastewater rates for customers served by Metro Water Recovery would increase 13% (10% rate increase by Metro plus 3% catch-up) due to past undercharges; customers served by Lochbuie saw no increase. Johnston objected to the 3% catch-up, calling it a “backdoor” rate increase hidden in the budget. City Attorney clarified the fee resolution is a separate vote. Sample bills showed a Metro water/wastewater customer would see a $6–$10 monthly increase.
  • Xcel Energy Easements (Items 8A & 8B): Kyle Sylvester, Assistant Director of Parks and Open Space, presented two perpetual easements on Homestead Open Space for gas line upgrades to comply with federal regulations. Exclusive easement: small corner; non-exclusive easement: 3,916 sq ft. Both approved 7-1.
  • Brighton Crossing Filing No. 6 Development Agreement Amendment (Item 10B): Senior Planner Nick DiMario described an amendment replacing the obligation to build an interim northbound right-turn lane with a cash-in-lieu payment of $142,652.70 to the city, as the Bridge Street Widening Project would construct the permanent lane. Staff and DRC recommended approval. Vote: 8-0.
  • Fiber Optic Cable Installation (Item 10C): Director of IT Chris Nevis presented a contract with Communication Construction and Engineering Inc. for $633,058 to install fiber to six priority projects (traffic signals and Municipal Service Center). Other five projects deferred to 2025. Vote: 8-0.
  • Lutz Reservoir Pump Station Construction (Item 11A): Utilities Director Scott Olson presented a contract award to HPM Inc. for $11,034,043 for the pump station, non-potable transmission main, and parking/trail connections. The pump station will serve a 2,000-acre area and reduce peak water demand. Vote: 8-0.
  • Ballot Measure 1A Support (Item 12A): A resolution supporting Adams County Affordable Housing Tax (0.15% increase) was tabled to a future study session for further discussion.
  • Highway 7 Construction Discussion (Item 12B): Mayor reported that CDOT paused construction on Highway 7 due to temperature concerns, despite mild weather. Council expressed frustration and passed a motion (8-0) to direct staff to draft a letter of concern to CDOT, asking why work stopped and when it will resume. Councilmember Green cautioned against forcing poor-quality work.

Key Outcomes

  • Approved Consent Calendar Items (except 2C pulled): minutes, city manager compensation, employee benefits (7-1), youth commission appointments.
  • Approved Land Use Code Amendments (Item 6A): 8-0. Strengthens enforcement mechanisms for development violations and changes subdivision plan approval process.
  • Adopted FY 2025 Budget (Item 7A): $255,284,504, approved 8-0.
  • Set 2025 Mill Levy (Item 7B): 6.650 mills (unchanged), approved 8-0.
  • Approved Donations Resolution (Item 7C): Funding for Brighton Legacy Foundation, Boys & Girls Club, Almost Home, and Colorado Legal Services, approved 8-0.
  • Adopted 2025 Fee Resolution (Item 7D): Includes utility rate increases (water 6%, wastewater 13% for Metro customers) and impact fees. Approved 6-2 (Johnston and one other dissented).
  • Granted Xcel Easements (Items 8A & 8B): Both approved 7-1.
  • Approved Brighton Crossing Filing 6 Amendment (Item 10B): Cash-in-lieu payment accepted; approved 8-0.
  • Awarded Fiber Optic Contract (Item 10C): $633,058 to Communication Construction and Engineering Inc.; approved 8-0.
  • Awarded Lutz Reservoir Pump Station Contract (Item 11A): $11,034,043 to HPM Inc.; approved 8-0.
  • Tabled Ballot Measure 1A Resolution (Item 12A): Moved to study session.
  • Directed Letter to CDOT on Highway 7 (Item 12B): Motion passed 8-0 to draft an inquiry about the construction pause.

Reports and Announcements

  • Mayor: Attended CML policy committee (sex offender placement, bail reform), BizWest CEO roundtable, Metro Mayors Caucus, Republic Services EV open house, and funeral of former Mayor Dick McLean.
  • City Manager: Announced passing of retired Sgt. Keenan Waters; Big Lots closure; Raising Cane's opening ahead of schedule.
  • Councilmembers: Reported on Youth Commission retreat, Northglenn City Hall tour, Brighton Housing Authority progress, and E470 updates. Councilmember Johnston noted Brighton High School football victory over Prairie View.

Meeting Transcript

Evening. I'm gonna call to order our city council meeting for October fifteenth, twenty twenty four. I'm gonna request Councilmember Green to lead us in the Pledge of Allegiance. All right. Madam City Clerk, please call roll. Mayor Mouse. Here. Mayor Pro Tempadilla? Here. Councilmember Fiddler. He is ill today. Councilmember Green? Councilmember Johnston. Present. Councilmember Pulaski. I'm here. Councilmember Snyder? Here. Councilmember Tadeo. Present. Councilmember Wirth. Here. You have a forum, Your Honor. Thank you. Next is the consent agenda. Madam City Clerk. Please read that into the record. Item two A, approval of the September seventeenth, twenty twenty-four city council minutes. Item two B, a resolution of the City Council of the City of Brighton, Colorado, setting compensation for City Manager Michael P. Martinez upon conclusion of the annual performance evaluation. Item two C a resolution of the City Council of the City of Brighton, Colorado, approving employee benefits for twenty twenty-five, and authorizing the city manager to execute benefit contract documents. Item two D, a resolution of the City Council of the City of Brighton, Colorado, appointing members to the City of Brighton Youth Commission for terms ending in June of twenty twenty-five and twenty twenty-six. Councilmember Johnson, would you have preferred to per poll an item? I'd be happy to, Mayor. I'd be happy to pull item two C two C. So we can vote on everything but C. Does it have to be re-read in? So I will entertain a new motion. We'll pull two C and the rest A, B, and D were read into the record. Councilmember Green. Thank you, Mayor. I motion to approve the consent agenda minimum minus item C. Okay. We have a second. Councilmember Wirth. Thank you, Mayor. I second that. We have a first and a second to approve. Um, two B and two D. Roll call vote.

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