City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes
Tuesday, March 17, 2015
7:00 PM
Council Chambers
City Council
MAYOR - RICHARD N MCLEAN
MAYOR PRO-TEM - KIRBY WALLIN
COUNCIL MEMBERS:
LYNN BACA, REX BELL, JW EDWARDS
MARK HUMBERT, JOAN KNISS, KEN KREUTZER
CYNTHIA A MARTINEZ
1. CALL TO ORDER
Mayor McLean called the meeting to order at 7:01 p.m.
A. Pledge of Allegiance to the American Flag.
Councilmember Humbert led the recitation of the Pledge of Allegiance to the American Flag.
B. Roll Call.
Present: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca,
Councilmember Bell, Councilmember Edwards, Councilmember Humbert,
Councilmember Kniss, Councilmember Kreutzer, and Councilmember
Martinez
2. CONSENT AGENDA
3. APPROVAL OF REGULAR AGENDA
City Manager Esquibel asked that the Regular Agenda be amended to move Items 9B and 9C to Items
4C and 4D.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Kreutzer, to approve the
Regular Agenda as amended. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
4. CEREMONIES
A. Child Abuse Prevention and Awareness Month Proclamation
Mayor McLean read the Proclamation into the record and presented it to Lindsay, a representative
from CASA. Lindsay thanked the City for its support.
Motion by Councilmember Kniss, seconded by Councilmember Edwards, to approve the
Proclamation. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
B. Sexual Assault Awareness Month Proclamation
Mayor McLean read the Proclamation into the record and presented it to Kim Messina, Victims
Advocate Coordinator.
Motion by Councilmember Bell, seconded by Councilmember Baca, to approve the
Proclamation. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
C. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING THE NAMING OF THE CIRCLE DRIVE IN ELMWOOD
CEMETERY, 14800 OLD BRIGHTON ROAD, BRIGHTON, COLORADO, AS “NEAL
NAHLER WAY”
Mayor McLean read the title of the Resolution into the record.
Parks and Recreation Director Gary Wardle reported that the Parks and Recreation Advisory Board received a petition to name the circle drive at Elmwood Cemetery “Neal Nahler Way”. Director Wardle introduced Patsy Gottbehuet.
Patsy Gottbehuet, Administrative Assistant at Elmwood Cemetery explained that she worked with Neal Nahler for ten (10) years. Ms. Gottbehuet described several of the changes and improvements that took place at the Cemetery during Mr. Nahler’s twenty-five (25) years spent in charge and also spoke of his dedication to the City and the care of the Cemeteries. Ms. Gottbehuet explained that this would be a great way to honor such a dedicated employee.
Parks and Recreation Director reported that the Parks and Recreation Advisory Board approved this request at a public hearing in March and recommends approval of this Resolution.
Motion by Councilmember Martinez, seconded by Councilmember Humbert, to approve
Resolution 2015-25. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
D. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING THE PLACEMENT OF A PLAQUE ON MEMORIAL
PARKWAY RECOGNIZING DONALD HENRY FOR HIS SERVICE TO THE
BRIGHTON COMMUNITY
Mayor McLean read the title of the Resolution into the record.
Parks and Recreation Director Gary Wardle explained that this Resolution will approve placing a plaque on Memorial Parkway to honor Donald Henry for his service to the Brighton community.
Councilmember Kreutzer explained that Don Henry was a local businessman and friend to many in Brighton. Mr. Henry was active in the community and helped in getting the swimming pool built at Benedict Park. This is the perfect honor for Don.
Parks and Recreation Director Gary Wardle introduced Don’s niece Karen.
Karen thanked Council for this honor for her uncle, a great, warm and wonderful man to the entire community.
Motion by Councilmember Kreutzer, seconded by Mayor McLean, to approve Resolution
2015-26. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA
(Speakers limited to five minutes)
6. PUBLIC HEARINGS
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON
AMENDING CHAPTER 17 OF THE BRIGHTON MUNICIPAL CODE, COMMONLY
KNOWN AS THE LAND USE AND DEVELOPMENT CODE, PROVIDING FOR THE REPEAL OF SEC. 17-20-70, OIL AND GAS WELLS IN ITS ENTIRETY AND
READOPTION AS SEC. 17-20-70, SET BACKS, OIL/GAS FACILITIES; THE
ADOPTION OF A NEW ARTICLE 17-64, OIL AND GAS FACILITIES REQUIRING
CONDITIONAL USE APPROVAL FOR OIL AND GAS WELLS AND OTHER
RELATED FACILITIES OR ADMINISTRATIVE APPROVAL BY MEMORANDUM OF UNDERSTANDING APPROVED BY THE CITY MANAGER; SETTING FORTH
APPLICATION REQUIREMENTS, GENERAL STANDARDS, PLANS FOR SITE
DEVELOPMENT, ENVIRONMENTAL PROTECTIONS, CONTROL OF
NUISANCES, TRAFFIC PROTECTIONS, PROHIBITED FACILITIES, FEES, CITY
INSPECTION, APPEALS, ENFORCEMENT; AMENDING SEC. 17-8-30.
PROCEDURES REQUIRING A MAP OF OIL AND GAS FACILITIES AND
NEIGHBORHOOD NOTICE; AMENDING SEC. 17-12-20. DEFINITIONS;
AMENDING SEC. 17-8-60. CONDITIONAL USE RELATIVE TO ASSIGNABILITY
OF A CONDITIONAL USE PERMIT; AMENDING SEC. 17-20-30 FENCE AND
SIGHT TRIANGLES EXEMPTING TEMPORARY NOISE BARRIERS AT OIL AND
GAS FACILITIES; AMENDING SEC. 17-32-15. TABLE OF USES; AND SETTING
FORTH DETAILS RELATED TO THE FOREGOING (First Reading Continued from February 17, 2015)
Mayor McLean read the title of the Ordinance into the record.
City Attorney Margaret Brubaker explained that when this Ordinance was considered on February 17, 2015 City Council held a public hearing and continued the consideration of the Ordinance at first reading to tonight’s meeting. Staff and the oil and gas operators through the Colorado Oil and Gas Association (COGA) were instructed to continue discussions on any further amendments to the Ordinance. The public hearing was closed on February 17, 2015. Upon information and belief there are representatives from COGA, the industry and possibly others that want to make certain comments on the revised Ordinance on the record this evening. It would be appropriate for the Mayor to re-open the public hearing for the sole purpose of receiving new information about the Ordinance as it has been amended. For those that spoke at the public hearing on February 17, 2015 your comments are already part of the public record. If you wish to speak after the public hearing has been re-opened you will be allowed five (5) minutes to speak.
Mayor McLean re-opened the public hearing at 7:32 p.m.
Mayor McLean asked City Staff (the applicant) if they wished to add anything to their presentation.
Special Oil and Gas Counsel Matt Sura explained that he was given direction to meet again with industry and with people that attended the public hearing on February 17, 2015 to see if some concerns could be taken care of while also achieving the goals of the City to have Brighton open for business for oil and gas development while also protecting public health, safety and welfare and the constituents. Mr. Sura feels that over the past month staff and the industry have achieved that balance. Staff and Special Counsel met with COGA, a number of members of the industry and members of the homebuilders association and their paid Counsel and representatives. Staff also received several letters from the public with concerns about water quality, air quality and quality of life in the City of Brighton.
One of the biggest issues addressed over the past month was the issue of setback of homes to oil and gas facilities. Oftentimes setbacks are discussed because of an oil and gas facility moving in next to an existing home and that is an issue that is under the sole jurisdiction of Colorado Oil and Gas Conservation Commission (COGCC) so it cannot be addressed in the City’s Code but can be addressed in a Memorandum of Understanding (MOU). City Council does have jurisdiction regarding how close homebuilders can build new homes near existing oil and gas facilities. There was a 500’ setback in the original draft of the Ordinance but after speaking with some homebuilders they expressed concern about the 500’ requiring them to shrink the size of some of the lots and subdivisions they would like to create since there are existing oil and gas facilities in some of those locations. The setback was amended to 200’ in the revised Ordinance. There are new definitions in the Definitions section of the Ordinance for ‘air emissions mitigation plan’, ‘utilities report’; and definitions for ‘drilling unit’ and ‘open space, usable’ were deleted.
One of the biggest issues to deal with was the section regarding the preliminary site application. In speaking with the industry, staff found that there are some concerns regarding transparency and concerns about keeping [potential drilling] locations private and confidential. The City having this information that early in the process left staff with information that they would not want to disclose. A good compromise was found, trying to get those conversations happening as early as possible, but having it through a pre-application conference where there are discussions regarding the operator’s objectives and also letting them know the City’s process to get from pre-application to approval. Some expectations the City had were how that process would work and highlighting any concerns the City might have over some of what was being proposed in the operator’s application. The pre-application process is something that the City already has for any Conditional Use Permit process. Staff is asking for this pre-application process to happen thirty (30) days before the Conditional Use Permit is requested and hopefully at least thirty (30) days before the operator has submitted their application to the COGCC. Alternative location analysis was also reviewed and it was decided that the Ordinance would be changed from the required 1320’ to 1000’ from a home, school or businesses. If the location is within 1000’ staff will look for alternative locations and present them for consideration by the operator, as they would be considered more appropriate farther from homes and schools. The issue regarding the recordation of pipelines was discussed because staff had written ‘flow lines’ instead of ‘pipelines’ in the Ordinance, and it became confusing. Staff does need to know where the pipelines go in the community and they need to be recorded with the Clerk and Recorders Office and the oil and gas industry is prepared to do this. These are the substantive changes that were made to the Ordinance.
Mayor McLean asked if anyone in the audience had questions for the applicant, there was none.
Mayor McLean asked if anyone in the audience wished to speak on behalf of the request.
Jan Pawlowski, 850 South 7th Avenue. Ms. Pawlowski is here representing Citizens Action for Safe Energy (CASE) and read a letter from that group. “Dear Mayor, Mayor Pro-Tem and City Council. Citizen Action for Safe Energy (CASE) is a grassroots proactive citizens group that believes in and supports reasonable, affordable, dependable and clean energy development in Colorado. Members of CASE would like to thank the City of Brighton for their dedication to developing oil and gas regulations that protect the citizens of Brighton without burdening oil and gas companies. Our membership recognizes the importance of the oil and gas industry in our community’s economy and livelihood. It is apparent that members of the City staff kept business in mind while ensuring the updated regulations keep the City of Brighton’s oil and gas regulations safe and responsible. In particular we would like to recognize the City Manager for stepping up and getting involved in this process, his leadership was invaluable to its success. CASE commends the hard work and hope to see the City continue to support the oil and gas industry in the community. Sincerely, Tom Green, President and other members of CASE”.
Sarah Landry, Colorado Oil and Gas Association, 1800 Glenarm Place, Denver, Colorado 80202. Ms. Landry read a letter from COGA into the record (attached as Exhibit A). COGA and its operators are very happy that the request for additional time to review the Ordinance was accommodated and it resulted in a productive additional negotiation time period to allow a productive proposal that satisfied the few concerns that COGA had. Ms. Landry thanked the Chamber for their support during this process.
Jamie Jost. Ms. Jost reported that all parties cooperated and agreed on a draft of the proposed Ordinance that results in responsible development of the City of Brighton’s and mineral owners resources. The City recognizes that the Brighton operators and COGA want to work with the City on oil and gas development issues, which are one of the key factors that assured a resolution was met and that the proposed Ordinance works. While the City and Brighton operators have reached a resolution on the Ordinance there still remains a significant amount of work to be done on the Memorandum of Understanding (MOU). Brighton operators look forward to working with the City Manager to create a working MOU.
Scott Donato, Great Western Oil and Gas Manager, 1801 Broadway, Denver, 80202. Mr. Donato reported that he is in support of this Ordinance and thanked the City Manager and City staff for making efforts to educate themselves on the industry as well as the specific issues that were of concern to the industry. In Section 17-64-210, Transportation Management Plan and Access Roads, Mr. Donato asks for the City’s cooperation with these transportation management plans; the discussion of access roads makes sense and the City has a role, however the disposal locations are regulated by the COGCC and it is difficult to determine where those are at the beginning of the process and they may also change location, which could set an operator up for non-compliance. The requirements to estimate the number of vehicle trips and weight of the vehicles when loaded, including number of wheels and axels is complicated and is an exercise in futility for the operator as was pointed out by Mr. Donato at the meetings as it will probably not provide valid information. It has not been made clear that this condition is required for all industries in Brighton and it is trusted that the City will be assessing road impacts from all sources and not just the oil and gas industry. Mr. Donato looks forward to working with staff on the MOU that will work for everyone.
Lynn Della Guardia, 16441 Leyden Street, Brighton. Ms. Della Guardia asked why Council is in such a rush to pass this Ordinance without waiting for recommendations from the COGCC, because they are in the process of working on rulemaking that could raise state standards and allow more opportunities for local citizens to have a voice in local regulations. Ms. Della Guardia has seen the documentaries Gasland and Gasland II and urges Council to watch them to learn about the health and safety consequences of fracking. Ms. Della Guardia asked who is profiting besides the oil and gas industry, is Brighton going to profit, because the residents are certainly not going to profit from fracking in their neighborhoods. Ms. Della Guardia is concerned with the health of the water quality and air quality and asked Council to please consider waiting to approve the regulations.
Kent Craig, Ward Petroleum, 215 West Oak Street, Ft. Collins, Colorado 80521. Mr. Craig said from an operator’s standpoint he appreciates the participation of City staff and legal counsel in this process. Mr. Craig has been in this business for a long time but has learned a lot through this process and has found that there is a lot of misinformation on both sides of this issue. A lot of issues that both sides were unclear about came to the surface and both sides were educated. The cooperation was great and the meetings were all worthwhile. Ward Petroleum may be one of the first to use the Conditional Use Permit application process and they look forward to working with the City and are eager to get started.
Mayor McLean asked if anyone in the audience wished to speak against the request.
Mildred Griffin, 4970 Homestead Place, Thornton, Colorado. Ms. Griffin reported that she has visited all of the fracking sites in Weld County and she would not want to live anywhere near them. Ms. Griffin got sick from the chemicals after visiting the sites. Fracking takes a lot of water and the chemicals can go directly into the drinking water where people live and the air is not clean around the fracking sites and in some instances fracking has caused earthquakes. Ms. Griffin would not want this happening in her backyard because it pollutes the air and water.
Lauren Swain, volunteer with the Sierra Club Denver Metro Network Oil and Gas Specialist. Ms. Swain has spoken previously about the frequent spills that this industry is responsible for and have reported more than one (1) spill per day, even two (2) spills per day last year to the COGCC. Ten percent or more of those spills have contaminated groundwater. Spills are a routine part of fracking operations. Oil and gas production on the Front Range is responsible for massive amounts of benzene contaminating the air as documented by NOAA and the University of Colorado scientists. It is not responsible to allow operations, especially large operations, to emit massive amounts of toxic chemicals into the air near people’s homes. Some of these proposals are well thought out and are an attempt to accommodate assumptions that Ms. Swain feels are incorrect. Such as the assumption that the industry should have a say in the regulations that protect people. The industry is interested in making a profit, which is their job, why is so much weight put on what the industry wants and not the needs of human bodies living near these wells? Why so much time is spent talking to the industry instead of talking to doctors about how toxic these chemicals are that we are breathing on the Front Range? It is a failure of the system that weak regulations are being adopted based on the assumption that local governments do not have the right to protect their citizens. Ms. Swain asked Council to wait till the end of the rulemaking process and receive recommendations from the Oil and Gas Task Force.
Lynn Ferguson, 365 North 11th Avenue, Brighton. Mr. Ferguson is a longtime resident of Brighton and is retired from the oil and gas industry. Mr. Ferguson thanked City Council for working with everyone involved and trying to reduce the amount of contention and misinformation and become as well informed as possible. It has taken many years to get Brighton’s regulations in compliance with the state. These regulations can be amended if the state regulations change but this should be adopted and the city should move forward on this path.
Community Development Director Holly Prather answered questions from the speakers. Lynn Della Guardia asked what the rush was to approve these regulations now. Director Prather explained that staff has been working on these regulations for the past three (3) years and she does not consider that rushing. Staff and Council have spent over a year with a number of speakers regarding the oil and gas process, health and environmental concerns, what hydraulic fracturing actually is and the difference with horizontal drilling. Guest speakers spoke about mitigation attempts, noise, air and light. Council spoke with Adams County, Weld County, and City of Greeley staff, taken tours of oil and gas operation sites. Director Prather does not feel that staff or Council has rushed this for consideration. Draft regulations were prepared in 2013 and at that time COGA and the COGCC asked that the regulations be put on hold to continue working together. Director Prather feels that the regulations now will protect the health, safety and welfare of the citizens of Brighton while also allowing for reasonable oil and gas development. Council has taken the time to study the issues very carefully and make an informed decision. Special Counsel Matt Sura was on the Task Force so he can answer questions regarding that subject. This Ordinance is a living document and will change over time due to technological advances, best management practices, state regulations and additional rulemaking. It has taken ten (10) years to update the current regulations and it should not take that long again, they need to be updated regularly. It is important to adopt these regulations now because the regulations on the books at this time do not meet the state standards.
Special Legal Counsel Matt Sura reported that a few speakers indicated the City should wait for the recommendations from the Task Force before enacting local regulations. Director Matt Lepore set the schedule for the rulemaking process and it is likely that the rulemaking hearing and adoption will not take place until December. Special Counsel Sura does not believe the City of Brighton should wait to hear from the COGCC, the proposed regulations do contain some of the information that was discussed with the Task Force and the Ordinance can be updated at a later date if needed due to updates or regulatory changes.
Mayor McLean asked if any correspondence was received.
City Clerk Natalie Hoel presented the letter that was received.
Mayor McLean read the letter into the record (attached as Exhibit B).
Mayor McLean asked if there were any comments from City Council.
Councilmember Martinez asked for clarification regarding setbacks of 1000’ or 500’ to 250’ for homeowners. Special Counsel Matt Sura explained that the COGCC has a setback requirement of 500’ from homes and 1000’ from schools and that is how close a new oil and gas facility can be built to a home or school. The COGCC does not regulate how close a home can be built next to an existing oil and gas facility. Staff defaulted to the 500’ so there would be enough space but in speaking with the homebuilders association and local developers they indicated that they would like to see those distances decreased to 200’. This request was justifiable because the majority of impact that will be experienced in new oil and gas development is when it is actually being drilled; new wells are going in and being hydraulically fractured. That can last for a period of weeks to months. If those facilities are already there and homes are being built even as close as 200’ the homeowner will not experience some of those greater nuisance impacts. Councilmember Martinez asked if Mr. Sura feels comfortable with the 200’ rule and Mr. Sura indicated that he was.
Councilmember Kniss thanked staff for the regulations and also for the education that was provided to the new Councilmembers that have not had as much time to study these issues. Councilmember Kniss thanked the City Attorney and Matt Sura; they have looked after the safety and welfare of the citizens. There were some disparaging remarks made about them at the public hearing and that was out of line. Councilmember Kniss acknowledged that their work was for the benefit of the community and thanked them both.
Mayor McLean reported that he came to Brighton in 1972 and in the 1980’s there was a lot of oil and gas drilling in Brighton, there was not fracking but it was probably less safe than what is being done now. This is a beautiful community that has grown from 7,000 to over 35,000 and it will only get better.
Mayor McLean closed the public hearing at 8:18 p.m.
Motion by Councilmember Kreutzer, seconded by Councilmember Martinez, to approve the
Ordinance. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Motion by Councilmember Martinez, seconded by Councilmember Baca, to take a break at 8:30 p.m. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Mayor McLean reconvened the meeting at 8:42 p.m.
7. CONSOLIDATED ITEMS FOR SEQUENTIAL REVIEW
Mayor McLean read the title of Items 7A and 7B into the record.
City Manager Esquibel explained that the Brighton Urban Renewal Authority (BURA) has been in existence for thirteen (13) years and they are primarily responsible in the core City area to consider redevelopment and reinvestment to enhance the opportunities for the owners of the properties, citizens and surrounding areas that would be served by those areas. BURA wants to continue to move in that direction and continue to redevelop the core area so BURA is asking for these funds to purchase land to assist in that development. The Resolution is a budget amendment to place the funds into an account and the Emergency Ordinance will approve the loan document which will enable BURA to purchase the property. This loan to BURA will be for a term of six (6) months at .4%.
A. A RESOLUTION AMENDING CERTAIN ACCOUNTS IN THE GENERAL FUND
AND BRIGHTON URBAN RENEWAL AUTHORITY FUNDS AND APPROPRIATING
MONEY FOR LOAN FROM CITY TO BRIGHTON URBAN RENEWAL AUTHORITY
FOR THE PURCHASE OF LAND
Motion by Councilmember Kniss, seconded by Councilmember Humbert, to approve
Resolution 2015-23. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
B. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRIGHTON, COLORADO, APPROVING A LOAN FROM THE CITY OF BRIGHTON,
COLORADO, FROM ITS GENERAL FUND, TO THE BRIGHTON URBAN
RENEWAL AUTHORITY, IN AN AMOUNT NOT TO EXCEED TWO MILLION FIVE
HUNDRED TEN THOUSAND DOLLARS ($2,510,000.00) TO FUND THE
ACQUISITION OF CERTAIN REAL PROPERTY; SETTING FORTH CERTAIN
FINDINGS REGARDING SAID LOAN; AND SETTING FORTH CERTAIN
CONDITIONS FOR SAID LOAN AND OTHER DETAILS RELATED THERETO
Motion by Councilmember Bell, seconded by Mayor Pro Tem Wallin, to approve Ordinance
2198. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
8. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO AMENDING CHAPTER 6. ANIMALS OF THE BRIGHTON MUNICIPAL
CODE TO PROVIDE PRIMARILY FOR AND REGULATE THE KEEPING OF BEES
AND POULTRY ON RESIDENTIAL PROPERTIES, INCLUDING AMENDING
SECTION 5-4-10. DEFINITIONS; PROVIDING PENALTIES FOR VIOLATIONS OF
THE CHAPTER; SPECIFYING WHAT CONSTITUTES A NUISANCE ANIMAL;
AMENDING SECTION 6-4-410 RELATED TO CLEANLINESS OF PREMISES,
SECTION 6-4-440, THE NUMBER OF ANIMALS PERMITTED, THE ADOPTION OF
A NEW DIVISION 10. URBAN AGRICULTURE PERMITTING THE KEEPING OF
BEES AND CHICKENS ON RESIDENTIAL PROPERTIES; AMENDING CHAPTER
17. THE LAND USE AND DEVELOPMENT CODE OF THE BRIGHTON MUNICIPAL
CODE BY AMENDING SECTION 17-12-20. DEFINITIONS; REPEALING
PORTIONS OF SECTION 17-16-240. A/R - AGRICULTURAL/RESIDENTIAL,
SECTION 17-16-250 A/E - AGRICULTURAL ESTATE AND SECTION 17-24
PERFORMANCE STANDARDS; AMENDING CERTAIN ALLOWABLE USES IN
SECTION 17-32-30. TABLE OF USES, AND SETTING FORTH DETAILS IN
RELATION THERETO
Mayor McLean read the title of the Ordinance into the record.
City Manager Esquibel introduced Community Development Director Holly Prather.
Community Development Director Holly Prather reported that the public hearing and first reading of this Ordinance took place on March 3, 2015 and since that time staff found two (2) small items that needed to be corrected. The first was that the title of the Ordinance did not include a reference to the changes to Chapter 17, the Land Use and Development Code and that has been revised. Staff also found that under Section 6-4-900(2) Apiculture, it was not clear that the intent for the hive location should be at the rear of the yard. There have been calls asking if the hives could be placed in the front yard and that was not the intent when the Ordinance was drafted. Staff is proposing that on page 6 of the Ordinance under hive location the wording will be amended to read “all hives must be placed no closer than 15’ from the property line or public right-of-way and must be located behind the front setback of the house”. If a homeowner has a large side setback it will still need to meet the 15’ setback from the property line or right-of-way and the hive could be placed in the side yard. Staff recommends approval of the Ordinance at final reading with those changes.
Cynthia LeFevre, 8538 East 163rd Court, Brighton, Colorado. Ms. LeFevre explained that placing the hives in the front or back yard is not the issue, the issue is that the hives have to face a certain direction, east or south, to get a certain amount of heat. If proper placement is in the front of the house then the hive needs to be in the front of the house. Ms. LeFevre asked that the Council disregard the current recommendation.
City Attorney Margaret Brubaker asked if Mr. Alex Duran had an opinion regarding this recommendation.
Alex Duran, 507 South 2nd Avenue, Brighton, Colorado. Mr. Duran explained that it was the intent while working with City staff to locate the hives in the backyard and that was the recommendation from the Brighton Bee Club.
Mayor McLean asked about the east and south direction. Mr. Duran reported that it is recommended that they are faced toward the south because that is where the heat is and the bees come and go with the sun.
Director Prather explained that the intent of the ordinance to only allow the hives in the back or side yard is because the City is not requiring the owner to get a City permit or that there be a neighborhood notice when an application is submitted. Because there is a stigma associated for those that fear the domestic honeybee or are allergic to bees, there could be a potential conflict if it were located in the front yard. There are limitations to fence heights in front yards so it is recommended to limit hives to the rear or side yards. Even with this restriction one should be able to orient the hive to be south facing. The intention is to make sure that the hive does not become a nuisance and children and dogs do not interact with the hive. Director Prather answered questions from Council regarding:
- Tri-County Health having regulations regarding slaughtering and disposal of chickens on the premises.
- The concerns of neighbors regarding on premises slaughtering.
- Ways staff will get the new regulations to citizens and HOA’s.
Motion by Councilmember Humbert, seconded by Councilmember Martinez, to approve
Ordinance 2199 as amended. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
9. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACCEPTING THE PROPOSAL OF CHARLIER ASSOCIATES, INC.
AND AWARDING THE CONTRACT FOR TRANSPORTATION MASTER PLAN
PROJECT, RFP#15-003, TO CHARLIER ASSOCIATES, INC IN AN AMOUNT NOT
TO EXCEED ONE HUNDRED SIXTY NINE THOUSAND ONE HUNDRED EIGHTY
SEVEN DOLLARS ($169,187.00), AND AUTHORIZING THE MAYOR TO SIGN THE
CONTRACT ON BEHALF OF THE CITY
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Streets and Fleet Director Joe Smith.
Streets and Fleet Director Joe Smith requests approval of a formal proposal of the Transportation Master Plan to the lowest and most responsive and responsible proposer Charlier Associates, Inc. The current Transportation Master Plan was done in 2002 and is no longer useful as it does not reflect any multi-model transportation. With this new plan the City desires to reflect current growth and land use projections as well as alternative mode components. The goal is for the creation and adoption of an inclusive, integrated, and implementable Transportation Master Plan that incorporates sustainability and resilience of components. This is a plan that can be used into the future and will cover all forms of transportation.
Three (3) firms attended the pre-proposal conference and there was one (1) proposer. The other firms did not feel they were suited to this project. Charlier Associates, Inc. has a lot of experience with this type of planning; they are the planners and the subcontract the transportation work. The subcontractor is a company that has done development review for the City over the past few years so staff is familiar with their work. Another company did not propose because they are working on the Highway 85 PEL Study and felt this would be a conflict of interest. The City will provide a list of community members that will provide good input regarding this Plan and this group will include City Council and Board and Commission members. There will be public participation through the City website and community workshops are also a possibility for public involvement. The field data is being collected in other ways besides just traffic counts. The travel model not only counts the number of cars on the road but also where they came from. They are looking at a bicycle network plan, a pedestrian network plan, a transit market analysis and transit oriented street design. The final result will be a plan that tells the City what needs to be done and when each piece should be done. This plan should work for the next few years and well into the future. The cost of the project was budgeted for and the proposed amount is $169,187.00. Director Smith answered questions from Council regarding:
- The Transportation Master Plan being part of the Master Plan for the overall City.
Motion by Councilmember Baca, seconded by Councilmember Kniss, to approve Resolution
2015-24. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
B. A RESOLUTION AMENDING CERTAIN ACCOUNTS IN THE GENERAL FUND
AND WATER AND WASTE WATER FUNDS AND APPROPRIATING MONEY FOR
EXPENDITURE FOR THE ENERGY PERFORMANCE CONTRACT WITH
HONEWELL
Mayor McLean read the title of Items 9B and 9C into the record.
City Manager Esquibel introduced Information Technology Director Margaret Brocklander.
Information Technology Director Margaret Brocklander explained that there are two (2) Resolutions for Council consideration, one for the contract and one for the budget amendment. There is also an addendum to the Contract for Energy Performance. This Energy Performance Contract is one of several measures that the sustainability team is working on. This team consists of Information Technology Director Margaret Brocklander, City Manager Intern Murphy Robinson and Assistant City Manager of Development Marv Falconburg. The focus of this sustainability effort is to look closer at the energy efficiency in City buildings and the utility processes where the projects pay for themselves through energy savings. The goal is to improve the quality of public services by evaluating processes, to improve the quality of indoor working environment, to reduce energy use and costs, reduce maintenance and repair costs and to construct a sustainability management plan. Staff has completed the first level of this plan working with Honeywell, which includes evaluating current City buildings, worked with utilities staff and evaluated their processes and buildings, and reviewed the City’s current energy use for each building. This involves how much the City is spending and where savings will be.
The outcome of the Level 1 assessment was that the sustainability measures that have the potential to help the City become more sustainable are lighting upgrades throughout all buildings, energy management systems for improved controls, heating and cooling improvements, upgrading the building envelopes for each of the buildings, utility process optimization and automating the meter reading system. The Level 1 assessment was conducted by Honeywell at no charge. The next phase, Level 2 will include completing more analysis for all of the projects that were selected from City buildings and that will also be at no cost to the City. The last phase Level 3 is the implementation phase and the projects that make it to this level will be determined after further analysis in Level 2, after the evaluation of savings for each of the projects. As staff moves forward the financial obligation for Level 3 will be $123,676.00. These funds will need to be encumbered now, although this financial obligation will be absorbed in the overall cost in the energy performance project unless Honeywell identifies energy efficient projects with sufficient savings, and the City chooses not to proceed with those projects.
The Addendum serves several purposes. In the contract there were several City properties that were considered in the Level 1 evaluation and since completion of that evaluation several of those buildings were eliminated from proceeding to Level 2 for various reasons, but mostly because there was not a payback for those buildings. Two (2) buildings were also added that were not on the original list and they are the Sports Complex and the Oasis Water Park. Also, the fees for the energy projects were applied to the Level 2 and Level 3 projects in the contract that was presented, but the addendum indicated that there are no fees for Level 2, only for Level 3. The components for the overall sustainability plan were also revised to those components that best fit the City’s needs going forward. The changes that were made with the components, sustainability plan and the building changes have changed the financial obligation listed in the contract as $128,638.00. The revised cost set forth in the Addendum is now $123,676.00. There is a Resolution for the budget amendment to appropriate the funds for expenditure for the Energy Performance Contract with Honeywell Building Solutions. Director Brocklander answered questions from Council regarding:
- An error to the amount in the contract.
Motion by Councilmember Humbert, seconded by Councilmember Bell, to approve Resolution
2015-27. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING AN ENERGY PERFORMANCE CONTRACT WITH
HONEYWELL BUILDING SOLUTIONS
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Kreutzer, to approve Resolution
2015-28, the contract and addendum with Honeywell Building Solutions. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ADOPTING INFORMATION TECHNOLOGY POLICIES TO DEFINE
GUIDELINES AND RESTRICTIONS REGARDING THE USE OF COMPUTER
RESOURCES AND COMMUNICATIONS TECHNOLOGIES BY CITY OF
BRIGHTON USERS
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Information Technology Director Margaret Brocklander and Information Technology Assistant Director Jeromy King.
Information Technology Director Margaret Brocklander thanked Jeromy King for all his work on the research and updates to the IT Policy. Director Brocklander explained that this Resolution will adopt the Information Technologies Policy Version 5. The policies have been updated to ensure PCI compliance for payment credit card information and also criminal justice information systems (CJIS) so the City will remain compliant following their policies. The PCI compliance policies have been updated so that the City is instituting safer procedures for handling credit card data. The CJIS policies have been updated to protect the full cycle of any criminal data in the City. All of the improvements that have been made to the policy are security based; the anti-malware security policies have been increased to ensure it is kept current. It has been noted in the Policy that the City will comply by updating and performing patches and upgrades from vendors for all of the software packages. Access is also restricted to least privileges for users based on job function and classification. IT staff will continue to monitor the network and wireless network and traffic to ensure that the City is operating in a safe environment so the technology and data is safe. Information Technology Assistant Director Jeromy King answered questions from Council regarding:
- Any security issues with other municipalities.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Edwards, to approve
Resolution 2015-29. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
10. UTILITIES BUSINESS ITEMS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ACTING BY AND THROUGH ITS STORMWATER ENTERPRISE,
APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY
OF BRIGHTON AND TRI-COUNTY HEALTH DEPARTMENT FOR THE
HOUSEHOLD HAZARDOUS WASTE PROGRAM, AUTHORIZING THE
EXPENDITURE OF AN AMOUNT NOT TO EXCEED FOURTEEN THOUSAND
DOLLARS ($14,000) PER SAID INTERGOVERNMENTAL AGREEMENT, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
INTERGOVERNMENTAL AGREEMENT ON BEHALF OF THE CITY
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Utilities Director Curt Bauers.
Utilities Director Curt Bauers explained that this Resolution authorizes the City Manager to execute an IGA which details the City’s involvement with the Tri-County Health Department in the Household Hazardous Chemical Round-up Program. This helps to protect stormwater and the wastewater system from hazardous chemicals. It provides for two (2) days, one in May and one in September for Brighton residents to dispose of unwanted, unnecessary chemicals that have accumulated in their households, at no cost. The City’s participation costs are capped at $14,000.00 and these funds are available in the Stormwater Enterprise budget. This program represents a low cost opportunity to protect the City’s utilities with Tri-County Health doing most of the work. Director Bauers answered questions from Council regarding:
- The City’s ability to host this event in Brighton.
- The date of the event in May.
Motion by Councilmember Kreutzer, seconded by Councilmember Bell, to approve Resolution
2015-30. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
11. GENERAL BUSINESS
A. Schedule a Special City Council Meeting with Fort Lupton Council on March 30,
2015 at 6:00 p.m.
Motion by Councilmember Kreutzer, seconded by Councilmember Edwards, to approve Item
11A. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Kniss, Councilmember Kreutzer,
and Councilmember Martinez
No: 1 - Councilmember Humbert
B. Schedule a Special City Council Meeting with the Adams County Commissioners on April 8, 2015 at 6:00 p.m. at Pinocchios
Motion by Councilmember Humbert, seconded by Mayor Pro Tem Wallin, to approve Item 11B.
Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
C. Schedule a Special City Council Meeting with the Weld County Commissioners on April 16, 2015 at 6:00 p.m. at Pinocchios
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Bell, to approve Item 11C.
Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember
Kreutzer, and Councilmember Martinez
No: 1 - Councilmember Kniss
12. REPORTS
A. By the Mayor.
Mayor McLean attended the E-470 meeting last week, retirement parties for Chris Romero and Sharon Williams, the Spaghetti Luncheon at the Eagle View Adult Center, the Bagels with Barry breakfast which was well attended and informative. Mayor McLean attended the BHS Boosters Cajun Boil. Mayor McLean presented Councilmember Kreutzer with a Ziebice, Poland flag.
Councilmember Kreutzer explained that he is an honorary citizen of Ziebice, Poland and this flag will be used during the 20th Anniversary celebration this summer. Councilmember Kreutzer presented the flag to City Manager Esquibel.
B. By Department Heads.
Economic Development Director Robert Smith announced that the FMC Technologies opening celebration will take place on May 12th from 4:00 to 6:00.
C. By the City Attorney.
No Report.
D. By the City Manager.
City Manager Esquibel reminded Council that Commerce City will be hosting a joint meeting with Brighton and School District 27J on March 31st at Buffalo Run Golf Course at 6:00 p.m.
13. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Bell attended the Brighton Housing Authority meeting.
Councilmember Humbert attended the Eagle View Adult Center Spaghetti Luncheon, the Adams County Economic Development Meeting, and the retirement party for Christopher Romero and will be at the Chamber of Commerce breakfast tomorrow.
Councilmember Baca attended the Brighton Fire Board meeting, the Eagle View Adult Center Spaghetti Luncheon and it was an honor to attend the Brighton High School Booster Club fundraising dinner a Cajun Boil.
Mayor Pro-Tem Wallin reported that the Youth Commission delegation that attended the NLC Conference in Washington D.C. has returned. Mayor Pro-Tem Wallin attended the Historic Preservation Commission meeting and they are great to work with and they are planning for their event this fall. Mayor Pro-Tem Wallin thanked Streets and Fleet Director Joe Smith and his staff for filling the pot holes in his neighborhood.
Councilmember Edwards attended the Eagle View Adult Center Spaghetti Luncheon and they raised $2,500.00 to help with the costs to send participants to the Senior Games. Councilmember Edwards attended the retirement party for Sharon Williams and will be attending the Chamber breakfast tomorrow.
Councilmember Martinez attended the Spaghetti dinner, it was a great event, the Bagels with Barry breakfast, it was a great event and it is important to collaborate with CDOT.
Councilmember Kreutzer attended the Parks and Recreation Advisory Board meeting, thanked Mayor Pro-Tem Wallin for attending the Historic Preservation meeting in his place. Councilmember Kreutzer attended the FFA Fundraiser, Sister Cities, Pennock Center, the BHS Cajun Boil, and the Eagle View Adult Center Spaghetti Luncheon. It is great to see the community support all of these organizations.
Councilmember Kniss commended Streets and Fleet Director Joe Smith and his staff for the work that has been done at Southern Street and Tower Road. The Legacy Foundation has $6,000.00 in scholarships for high school students and $2,000.00 for continuing education scholarships. Councilmember Kniss attended the spaghetti luncheon, the Cajun Boil, the Platte Valley Medical Center musical gala, and the Bagels with Barry event was informative with good information from CDOT. The Boys and Girls Club has an awards dinner tomorrow. Councilmember Kniss attended Dr. Fielder’s Superintendents Growth Advisory Task Force meeting and there may be a bond election in November for the School District.
Councilmember Bell reported that HB15-1047 relating to the prohibition of Internet Gambling Cafés passed.
14. EXECUTIVE SESSION
15. ADJOURNMENT
Motion by Councilmember Martinez, seconded by Mayor Pro Tem Wallin, to adjourn at 10:00
p.m. Motion passed by the following vote:
Aye: 9 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
CITY OF BRIGHTON, COLORADO
_______________________________
Richard N. McLean, Mayor
_______________________________
Natalie Hoel, City Clerk
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Approval Date