Brighton City Council Regular Meeting - February 3, 2026

Mayor Pro Tem Peter Padilla presided over the meeting in the absence of Mayor Gregory Mills. The council approved the consent agenda, conducted a swearing-in ceremony, heard public comments from two residents, and took action on several ordinances and resolutions. Key decisions included adopting an updated traffic code (first reading), approving a zoning map amendment for the James Property (final reading), authorizing a water fee waiver MOU with School District 27J, and purchasing water shares. The meeting also included informational presentations on state-mandated wildfire code adoption and changes to the municipal criminal code following a Colorado Supreme Court ruling.

Consent Calendar

• ID-31-26 & ID-32-26: Approved the outgoing and incoming City Council minutes from January 6, 2026.
• ID-29-26: Reappointed Blaine Nickeson as the at-large member of the Planning Commission for a term ending January 2030.
• ID-20-26 (Final Reading): Adopted amendments to Article 5 of the Land Use and Development Code regarding setbacks for accessory dwelling units (ADUs).
• ID-23-26 (Final Reading): Adopted amendments to the Land Use and Development Code relating to fueling stations (gas stations). All consent items passed 8-0 with one absent.

Public Comments & Testimony

• Reverend Teresa Bowen (Brighton Housing Authority Commissioner): Reported on the Housing Authority's accomplishments, including the completion of the Hughes Station renovation (120 units) ahead of schedule and under budget, a partnership with Pedcore to develop 240 affordable housing units south of Brighton, and receiving a competitive loan for a new housing unit that will break ground in a few months. She expressed pride in the board's work and invited council to attend monthly meetings.
• Tom Lampo: Offered a prayer for the city of Brighton, asking for guidance, wisdom, and protection for the community and the council.

Discussion Items

• Swearing-In Ceremony: Blaine Nickeson was sworn in as a Planning Commission member after being reappointed.
• Ordinance ID-35-26 (First Reading): Adopting the 2024 Model Traffic Code and adding Article 10-3 to the Brighton Municipal Code to allow local enforcement of violations such as expired plates, fictitious plates, driving with a suspended/revoked license, and driving without a valid license. Sergeant Greg Ago and Assistant City Attorney Michael Davis presented. The primary goal is traffic safety and local control; currently these cases go to county court where fines are lower and cases may be dismissed. The proposed changes would bring these cases to Brighton's municipal court, with fines similar to state patrol levels (e.g., $100 for expired plates vs. $15 currently). Council debated capacity and equity, but the item passed 7-1 (Councilmember Green opposed). A public hearing for final reading was scheduled.
• Ordinance ID-26-26 (Final Reading): Approving the James Property Zoning Map Amendment for approximately 6.05 acres located north of East Bridge Street. This second reading passed 7-1 (Councilmember Green opposed).
• Resolution ID-30-26: Authorizing a Memorandum of Understanding (MOU) with School District 27J to waive approximately $98,833 in water usage fees for Overland Trail Middle School due to previously inoperable meters. Council members urged better communication with the school district about watering restrictions during drought conditions. The resolution passed 8-0.
• Resolution ID-38-26 (Utilities): Approving the purchase of 65 shares of capital stock in the Fulton Irrigating Ditch Company for $84,000 per share ($5.46 million total). The water rights are needed for augmentation to offset groundwater withdrawals. Staff recommended approval as fair market value. Passed 8-0.
• General Business: Colorado Wildfire Resiliency Code (Informational): Chief Building Official Andy Ulmer presented that the state requires adoption of the code by April 1, 2026. The code applies to about 5% of the city (wildfire risk areas) and would require new construction to meet structure-hardening and defensible-space requirements (Class 1 and Class 2). No vote was taken; an ordinance will be introduced at a future meeting.
• General Business: Criminal Code Updates (Informational): Assistant City Attorneys James Gallagher and Michael Davis presented proposed changes to the Brighton Municipal Criminal Code following the Colorado Supreme Court ruling in People v. Camp. Because the state's Misdemeanor Reform Act (SB 271) reduced penalties for similar offenses, municipal penalties cannot exceed state maximums. The proposal includes a new penalty classification (Class 1, Class 2, petty offenses) and amendments to individual sections (e.g., disorderly conduct, shoplifting). No vote was taken; a formal ordinance is expected March 3.

Key Outcomes

• Consent Calendar approved 8-0.
• Regular agenda approved as amended (removing item 9A) 7-1.
• Traffic Code ordinance (first reading) passed 7-1.
• James Property zoning map amendment (final reading) passed 7-1.
• MOU with School District 27J approved 8-0.
• Fulton Irrigating Ditch Company stock purchase approved 8-0.
• Wildfire Resiliency Code and Criminal Code amendments were presented as informational items with no votes taken.
• Next steps: The council will hold a public hearing on the traffic code at a future meeting; the ADU setbacks and gas station code amendments are final and effective; the criminal code ordinance is expected in March.