OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Brighton City Council Study Session - May 13, 2025: Metro Districts, Projects, Ordinances & Programs

City Council — Tuesday, May 13, 2025
BodyBrighton, Colorado
SessionCity Council
DateTuesday, May 13, 2025
StatusFILED
Video Record
0:00 / 2:40:16

Transcript — Verbatim
1:50

Good evening.

1:51

Let's call to call to order our uh study session for Tuesday, May 13th, 2025.

1:58

I'm gonna ask Councilman or Mayor Pro Tempadilla to lead us in the Pledge of Allegiance.

2:31

All right, thank you for doing that.

2:33

Um next let's get on to the meeting of the agenda.

2:37

First item a presentation on Metro Districts, how the Gallagher repeal has affected residential property taxation, and a request for city council direction on whether to include a mill levy adjustment on model service plan.

2:54

That's probably one of the longest study session titles we've had in a while.

2:59

Okay, so City Manager Oh City City Attorney Calderon.

3:06

Thank you, Mayor.

3:07

Um and members of council.

3:09

Uh yeah, sorry for the long uh title.

3:13

You can blame our presenters.

3:15

Um who who are here to talk about metro districts you know it's it's been a little while.

3:23

We talked about metro districts maybe two years ago is I think the last time that we presented to council.

3:31

Uh so they're going to go through um a really kind of uh one oh one, what are they and how do they work.

3:42

But we also have some requests at the end for some policy directions from you.

3:48

So be sorry, my computer's being loud.

3:52

Uh be prepared uh for that.

3:55

And uh we have Dalton Kelly and Jason Sims, and they will let them go.

4:01

Thank you very much.

4:02

Um Dalton Kelly with Butler Snow, good to be uh with you all again tonight with me as Jason Simmons from Hilltop, who is um the city's municipal advisor.

4:11

Um so we we work with the city as your bond council.

4:15

We also advise the city on metro district service plan issues.

4:18

And really what we're here tonight to talk about is really an update to your model service plan based off what the General Assembly has been doing with property tax legislation since the repeal of Gallagher.

4:30

Um it's a pretty technical amendment, but um we thought it was a good opportunity to walk through um a high level overview of Metro Districts, really the city's role, um what are metro districts, what do they do, and then talk about um the the suggested adjusted language to handle um what was historically known as the Gallagher adjustment.

4:52

So here's our brief agenda for the for the night.

4:55

We'll go over um these these topics and um and then we'll have that conversation here at the end about the policy direction.

5:03

So starting off, really, what are metro districts?

5:07

Um they're an independent quasi-municipal corporation that's formed under Title 32.

5:12

So they're a creature of statute that is its own quasi-municipal governmental entity once they are formed.

5:18

And so that's an important part to always note that once they are formed, they're their own little government, they're their own board with their own powers and limitations.

5:27

They're limited by Title 32 and the service plan that is approved by the city.

5:31

And so that's really where your role is here.

5:34

Um Metro districts have to provide two or more services.

5:37

The applicable services are listed right on the screen.

5:41

It's really some governmental services, most common stuff you could think of, you know, water, um, infrastructure, um, sewer, and streets.

5:51

So, really um the way metro districts are formed, what's relevant to the city is if you want to form a metro district that's wholly uh contained within the boundaries of the city, then you have to submit your service plan to the city rather than the county.

6:06

Um, when a service plan um is brought before council under statute, you have three options.

6:13

You either approve it without condition, you deny it, or you can conditionally approve it.

6:18

Um the city has a model service plan.

6:22

Uh, I think the it was adopted in 2017, I think updated in 2021.

6:27

We're talking about a slight update today, is what it would be.

6:30

And so, what has governed your metro district formation in the city for about at least the last eight years has been a model service plan that was adopted by the city, sets certain uh policy parameters around things like maximum mill levy, um, debt limits, um, disclosure obligations, those types of things.

6:49

So, when we're looking at this, and I think this is kind of a common misconception is when the city approves a service plan, that doesn't form the metro district.

6:57

Really, what that is is a green light to then go to the district court, say the city's okay if we form within uh this uh the city's boundaries, they have to file a petition, the district court then calls an election.

7:09

If the electors approve the formation of the metro district, the district court orders the metro district organized.

7:15

So it's really that district court order that organizes the metro district.

7:19

Um the city is kind of um step number one.

7:22

You have to get a service plan approved by the city before you can form in the city.

7:26

And so that's really the city's role on the front end.

7:28

Here is um, like I said earlier, um metro districts have all the powers under Title 32 if they're formed, except as limited in your service plan.

7:37

So your service plan is really the city's uh parameters and um any any guidance that you're given metro districts and any sort of oversight you're having down the road.

7:48

Um I just went through these steps.

7:51

So um ultimately um the bottom line there is once the district court orders them organized after the election, that's when they become their own government with their own board, their own powers, subject to um really what's left in Title 32 in the service plan.

8:07

Um, as far as governance goes, metro districts are um governed by a board of directors of five to seven members.

8:14

You have to be an eligible elector of the district, which means you either live there or you own property um within the district.

8:20

Um I've highlighted this point, but they have all powers under Title 32 except as limited in the service plan.

8:27

So that's where your service plan, what you set forth there really dictates um what they can and can't do.

8:34

Revenue raising powers, most of them leave the property taxes, primarily as their revenue source for debt and operations.

8:41

They can also levy special assessments on specially benefited property under your service plan and under the statute that requires the consent of the city council.

Discussion Breakdown — Share of Meeting
Municipal Districts████████████████████████24%
Fireworks Regulation██████████████████18%
Workforce Development████████████12%
Procedural███████████11%
Water And Wastewater Management██████████10%
Public Safety████████8%
Public Engagement███████7%
Signage Regulations███3%
Proclamations Policy███3%
Summary of Proceedings

Brighton City Council Study Session - May 13,2025

This study session covered multiple policy and operational topics, including an update on Metro Districts and a proposed mill levy adjustment, progress reports on the water treatment plant and LUTS Reservoir, a South Outfall IGA amendment, proposed ordinances on lodging tax, election petitions, and fireworks, introduction of the Target 36 pilot program, and a discussion on proclamation policies. Council provided direction on several items, with most decisions set to return for formal action.

Public Comments & Testimony

  • No public comment period was held during this study session.

Discussion Items

  • Metro Districts & Mill Levy Adjustment: Dalton Kelly (Butler Snow) and Jason Simmons (Hilltop) presented an update on Metro Districts, their formation, and the city's role via the model service plan. They explained the need to adjust the mill levy language from a permissive 'Gallagher adjustment' (tied to a historical year) to a mandatory adjustment tied to the current residential assessment rate of 6.8%, as legislativ changes since Gallagher's repeal have made the old language obsolete. The adjustment is a hold-harmless mechanism to ensure revenues neither gain nor lose due to state law changes, not to cover development shortfalls. Council members expressed support for the change; Mayor Pro Tem Padilla favored the two proposed langage changes (rate reference and mandatory adjustment) but opposed adding ongoing oversight. Councilmember Fiddler expressed general dislike of Metro Districts but agreed the language update was appropriate. Direction: proceed with the model service plan amendent.

  • Water Treatment Plant & LUTS Reservoir Update: Scott Olsen and John (Corolla) provided construction updates. The water treatment plant is 46 calendar days ahead of schedule, with substantial completion targeted for December 17,2026. Total project cost is nearing approximately $170 million (including five change orders, with one pending). LUTS Reservoir is two months ahead of schedule, with final completion by March 1,2026. The reservoir will cover 40 surface acres and hold 140 acre-feet of water. Council received the updates positively.

  • South Outfall IGA Amendment: Scott Olsen presented an amendment to the Intergovernmental Agreement with Mile High Flood District for planning, design, maintenance, and construction of the South Outfall drainage project. The city and the district will each contribute $185,000 (total $370,000) to continue work on master planning, sediment removal, and corridor amenity planning. Council members supported the project and agreed to place the resolution on a future consent agenda.

  • Upcoming Ordinances:

    • Lodging Tax: City Attorney Calderon proposed amending the lodging tax ordinance to correct the allocation from 'Economic Development Department' to 'Economic Development Corporation' (EDC), and to allow reserves to be allocated to nonprofit organizations through EDC and Communications & Engagement, rather than directly by city council. Council concurred with the adjustments; Mayor Pro Tem Padilla objected to direct council allocation of reserve funds, and others agreed.
    • Election Petitions: An ordinance will align the candidate petition filing deadline with state statute (71 days prior to election, currently 57 days in code but the city already follows the state deadline). Council approved the clarifiction.
    • Fireworks: Sergeant Moleski and City Attorney Calderon presented a fireworks code amendment. The original proposal would expand the definition of fireworks to include 'any device producing a visual or auditory effect' (including ground fountains) and increse fines (first offense $1,500 min, reduceable to $500 plus 20 hrs community service; second $2,000/$1,000 plus 40 hrs; third $2,500 non-weiveable). It also allows seizure and holds responsible persons who allow fireworks on property. Extensive discussion ensued. Several council members (Padilla, Green, Snyder, Werth) objected to banning state‐legal ground fireworks (fountains, sparklers, etc) but supported higher penalties for illegal aerial fireworks. Council consensus: amend the definition to match state statute (legal ground fireworks allowed), keep the stricter enforcement tools (seizure, property owner accountability) and higher fines. The city attorney will revise and bring back the ordinance.

  • Target 36 Pilot Program: City Manager Martinez introduced a pilot program starting July 7,2025. Full-time employees (salaried and hourly) will target a 36-hour work week with no reduction in pay. City Hall will close to the public at noon on Fridays, but other facilities (rec center, police, parks) will adjust schedules while maintaining service. The program will be data-driven and evaluated after six months. Council discussion raised concerns about public access on Friday afternoons, especially for utility payments; the city manager assured that online options exist, no water shutoffs will occur over weekends, and a kiosk may be added. Overall, council expressed support for the pilot, with caveats about clear communication and monitoring impact on residents.

  • Proclamation Policy: City Attorney Calderon presented options for a formal policy, based on other cities. Council discussion resulted in the following guidance: proclamations should have a strong local connection; require two council sponsors; be submitted four weeks in advance; annual/recurring proclamations may continue automatically; new or controversial ones should be discussed at a study session. The mayor recommended that national themed months (e.g., Black History Month) be handled by staff via social media rather than formal council proclamations. Council concurred and will incorporate these rules into the council rules of procedure.

Key Outcomes

  • Direction to staff to amend the model service plan for Metro Districts with the revised mill levy adjustment language (mandatory, tied to 6.8% assessment rate).
  • Water plant and LUTS projects on schedule; update noted.
  • South Outfall IGA amendment approved for consent agenda.
  • Lodging tax ordinance will be revised per council feedback (direct allocation to EDC, not council, and reserve fund flexibility through departments).
  • Election petition ordinance to be drafted aligning with state statute.
  • Fireworks ordinance to be redrafted with state-law definition and enhanced penalties; seizure and accountability provisions included.
  • Target 36 pilot program to launch July 7,2025; council to receive quarterly updates and a formal evaluation after six months.
  • Proclamation policy to be formalized within council rules requiring local connection, two sponsors, 28-day advance notice, and study session review for new requests.
  • Staff will follow up on policy items regarding loitering (near downtown businesses) and mosquito control responsibility.

Meeting Transcript

Good evening. Let's call to call to order our uh study session for Tuesday, May 13th, 2025. I'm gonna ask Councilman or Mayor Pro Tempadilla to lead us in the Pledge of Allegiance. All right, thank you for doing that. Um next let's get on to the meeting of the agenda. First item a presentation on Metro Districts, how the Gallagher repeal has affected residential property taxation, and a request for city council direction on whether to include a mill levy adjustment on model service plan. That's probably one of the longest study session titles we've had in a while. Okay, so City Manager Oh City City Attorney Calderon. Thank you, Mayor. Um and members of council. Uh yeah, sorry for the long uh title. You can blame our presenters. Um who who are here to talk about metro districts you know it's it's been a little while. We talked about metro districts maybe two years ago is I think the last time that we presented to council. Uh so they're going to go through um a really kind of uh one oh one, what are they and how do they work. But we also have some requests at the end for some policy directions from you. So be sorry, my computer's being loud. Uh be prepared uh for that. And uh we have Dalton Kelly and Jason Sims, and they will let them go. Thank you very much. Um Dalton Kelly with Butler Snow, good to be uh with you all again tonight with me as Jason Simmons from Hilltop, who is um the city's municipal advisor. Um so we we work with the city as your bond council. We also advise the city on metro district service plan issues. And really what we're here tonight to talk about is really an update to your model service plan based off what the General Assembly has been doing with property tax legislation since the repeal of Gallagher. Um it's a pretty technical amendment, but um we thought it was a good opportunity to walk through um a high level overview of Metro Districts, really the city's role, um what are metro districts, what do they do, and then talk about um the the suggested adjusted language to handle um what was historically known as the Gallagher adjustment. So here's our brief agenda for the for the night. We'll go over um these these topics and um and then we'll have that conversation here at the end about the policy direction. So starting off, really, what are metro districts? Um they're an independent quasi-municipal corporation that's formed under Title 32. So they're a creature of statute that is its own quasi-municipal governmental entity once they are formed. And so that's an important part to always note that once they are formed, they're their own little government, they're their own board with their own powers and limitations. They're limited by Title 32 and the service plan that is approved by the city. And so that's really where your role is here. Um Metro districts have to provide two or more services. The applicable services are listed right on the screen. It's really some governmental services, most common stuff you could think of, you know, water, um, infrastructure, um, sewer, and streets. So, really um the way metro districts are formed, what's relevant to the city is if you want to form a metro district that's wholly uh contained within the boundaries of the city, then you have to submit your service plan to the city rather than the county. Um, when a service plan um is brought before council under statute, you have three options. You either approve it without condition, you deny it, or you can conditionally approve it. Um the city has a model service plan. Uh, I think the it was adopted in 2017, I think updated in 2021. We're talking about a slight update today, is what it would be. And so, what has governed your metro district formation in the city for about at least the last eight years has been a model service plan that was adopted by the city, sets certain uh policy parameters around things like maximum mill levy, um, debt limits, um, disclosure obligations, those types of things. So, when we're looking at this, and I think this is kind of a common misconception is when the city approves a service plan, that doesn't form the metro district. Really, what that is is a green light to then go to the district court, say the city's okay if we form within uh this uh the city's boundaries, they have to file a petition, the district court then calls an election. If the electors approve the formation of the metro district, the district court orders the metro district organized. So it's really that district court order that organizes the metro district. Um the city is kind of um step number one. You have to get a service plan approved by the city before you can form in the city. And so that's really the city's role on the front end.

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