Brighton City Council Meeting - December 3, 2024

On Tuesday, December 3, 2024, at 6:00 PM, the Brighton City Council met in Council Chambers. Mayor Gregory Mills presided. Councilmember Johnston was absent; votes were 8-0 with one absent. The council approved the consent and regular agendas, recognized snowplow naming contest winners, heard public comment, approved an RTD microtransit grant and a utility construction contract, and received the Q3 financial report.

Consent Calendar

• Approved the November 4, 2024 City Council minutes.
• Approved reappointment of Mark Rawlings as Ward 1 Planning Commission member, term to January 2029.
• Approved a resolution finding substantial compliance of the Peters Property Annexation petition for the approximately 2.859-acre parcel and setting a public hearing for January 21, 2025.

Regular Agenda

• Approved the regular agenda as presented.

Ceremonies

• Recognized winners of the fourth annual 'Name that Snowplow' contest for the 2024-2025 snow season: Snowway Jose (Coulter Pollock), Snow You Didn't (Sammy Hoffler), Han Snow (Lincoln White), Plow Trick Sertan (Sophia Garcia), Scoop Dog (Brian Jones), Snowmaker (Caspin Pulyman), Snowella DeVille, and Ice Ice Baby (Zoya Robison).
• Mayor Mills joked that the solution to narrowing down entries could be more snowplows.

Public Comments & Testimony

• Nick Graham, Vice President of Development for D.R. Horton's multifamily division, requested that council add the Telluride Street project (140 paired residential units) to the December 10 study session to be grandfathered into 2024 development impact fees. He cited required public improvements not backed by city code, dedication of $3.5 million in water shares to the city, and a roughly $700,000 budget increase caused by the October 2025 impact fee approval, which included a 19% increase to park, transportation, and stormwater impacts. He asked a council member to make the motion.
• Mike Batwell requested reciprocity and a meeting with city officials. He said he had two complaints against King Soopers for being assaulted—not attacked—in the parking lot, and that police closed the cases because discovery was not provided; he also said a traffic ticket was dismissed when witnesses and the officer did not appear, and that body-cam footage contained admissions. He argued that the three-minute public comment limit infringes his First Amendment rights.

Discussion Items

RTD Microtransit Pilot Grant (Item 9A)

• Public Works Director Greg 'Frosty' Labrie, with transportation consultant Jane Shreve, presented the proposed RTD grant agreement. Labrie credited council's earlier demand for better RTD service as a factor in the award.
• Grant terms: RTD would contribute up to $1,800,000 ($600,000 per year from January 2025 through December 2027); the city would partially match the grant with up to $600,000 ($200,000 per year) and authorize the city manager to sign the grant agreement.
• Service plan: on-demand microtransit for the general public within the RTD district in Brighton; operating hours up to 13.5 hours per day; Monday-Friday initially, with daily times to be determined; an estimated 3,442.5 annual revenue hours; four vans initially, at least two ADA-compliant; a third-party contractor would supply vehicles and drivers.
• Required performance metrics: an average of two passenger boardings per hour, at least 50% of trips with wait times under 30 minutes, and 80% rolling stock reliability.
• Council comments: Mayor Pro Tem Padilla strongly supported the program and noted it fills a last-mile transit gap; Councilmember Snyder asked about vehicle numbers and long-term funding; Councilmember Pelowski praised the effort; Councilmember Taddeo asked about insurance costs; Councilmember Green expressed excitement but raised concerns about potential abuse, eligibility, scheduling, and weather delays; Councilmember Worth asked about budget impacts and the meaning of rolling stock.

South Brighton Utility Installation and SACWSD Disconnect (Item 10A)

• Utilities Director Scott Olson and Utilities Engineering Manager Anna Sparks presented the project, which stems from settlement agreements and intergovernmental agreements with the South Adams County Water and Sanitation District (SACWSD).
• Council approved accepting BT Construction, Inc.'s proposal for the contract amount of $4,037,018 and authorized the city manager to execute the contract.
• The work will switch existing water and wastewater service lines in Shiraba Park and Fuller Estates from SACWSD to the city, direct wastewater to the newer metro interceptor expected online next year, and must be completed by December 31, 2025.
• Procurement summary: formal solicitation through BidNet, five submissions, three deemed responsive; staff identified BT Construction as the most responsive and responsible bid.
• Council questions confirmed that only properties already within Brighton city limits will be served and that the project is already budgeted.

Q3 Financial Report (Item 11A)

• Finance Director Katrina Asher presented the report as informational only, with no action requested. It covered January through September 2024, was unaudited, and was prepared using data available in mid-November.
• Governmental funds revenues were just shy of $70 million, or $69.3 million, which was $3.4 million above the same time last year. Sales tax was up 7.5%; use taxes, licenses and permits, property taxes, and investment earnings over 5% also increased. Intergovernmental revenue declined because a significant 2023 property acquisition grant did not recur.
• Governmental funds spending was $68 million, nearly $12 million higher than last year, about 20-21% above the prior year, driven by capital projects such as the municipal service center and Bridge Street widening, plus personnel and operating costs.
• Reserves increased by about $1.3 million through the third quarter, but staff expected reserves to be eaten into by the end of the year.
• Revenue staff reported the city's sales tax rate is 3.75%, with a combined rate of 8.5% in most of Adams County; the Prairie Center includes a 1.25% credit PIF and an add-on PIF. Sales tax audit revenue assessed this year exceeded $800,000. Online sellers, construction, and utilities sales tax were up, and North Brighton continued to rebound.
• Councilmember Green clarified that the spending increases were within budget and could not exceed council-approved appropriations. Mayor Mills appreciated the public presentation. The Q4 report is expected in late February 2025.

Reports and Councilmember Updates

• Mayor Mills reported on DRCOG discussions, including the regional housing needs assessment, the 2050 Metro Vision update, and transportation improvement program amendments, as well as recent community events.
• City Manager Martinez gave a board and commission vacancy update, including vacancies on the Planning Commission (Ward 2), Parks and Recreation Advisory Board, Brighton Urban Renewal Authority, Historic Preservation Commission, and Brighton Housing Authority. He also noted a tentative February 25, 2025 vision planning session, an upcoming municipal service center ribbon cutting, and that a DHI development agreement amendment request is anticipated on January 21, 2025, which could include discussion of the impact fee question.
• Councilmember Snyder reported on Urban Renewal Authority work toward a possible downtown DDA, a tour of Greeley and Longmont DDAs, downtown improvements, and a proposed $500,000 seed funding contribution.
• Councilmember Padilla noted upcoming holiday events and said the DHI project is already scheduled for discussion in January, so no emergency action was needed.
• Councilmember Green thanked Kiwanis, Elks, and volunteers for delivering more than 1,000 Thanksgiving meals and highlighted Ward One Christmas lights.

Key Outcomes

• Consent agenda approved 8-0 with one absent.
• Regular agenda approved 8-0 with one absent.
• Resolution approving acceptance of the RTD microtransit grant, authorizing the city manager to sign the grant agreement, and authorizing a $600,000 partial city match was approved 8-0 with one absent.
• Resolution accepting BT Construction, Inc.'s proposal and authorizing the city manager to execute the $4,037,018 South Brighton Utility Installation and SACWSD Disconnect construction contract was approved 8-0 with one absent.
• Q3 financial report was received as informational; no vote was taken.
• No public hearings, ordinances, or executive session occurred.
• The meeting was adjourned.