City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes - Draft
Tuesday, November 18, 2014
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
A. 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
A. Approval of the September 16, 2014 City Council Minutes
B. Approval of the September 23, 2014 City Council Minutes
C. Approval of the October 7, 2014 City Council Minutes
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Baca, to approve the Consent Agenda.
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
A. Approval of the September 16, 2014 City Council Minutes
B. Approval of the September 23, 2014 City Council Minutes
C. Approval of the October 7, 2014 City Council Minutes
3. APPROVAL OF REGULAR AGENDA
City Manager Manuel Esquibel asked that the Regular Agenda be amended to amend Item 8B.
Motion by Councilmember Humbert, seconded by Councilmember Bell, 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. Swear in Youth Commission and Youth Corps of Volunteers Members
City Clerk Natalie Hoel swore in the Youth Corps of Volunteers Members and the Youth Commission Members.
Mayor McLean thanked everyone for their service to the City of Brighton.
B. American Diabetes Month Proclamation
Mayor McLean read the Proclamation into the record and presented it to former Councilmember Terry
Moore.
Motion by Councilmember Kniss, seconded by Councilmember Humbert, 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. Shop Small in Brighton Day Proclamation
Mayor McLean read the Proclamation into the record and presented it to Emily Rawlins, Threadz and Thingz, Sandy Jenkins, Milagros Soap Co. and Mary Ludwig, Hidden Treasures.
Motion by Councilmember Kreutzer, 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
D. INTRODUCTION OF NEW EMPLOYEES BY HUMAN RESOURCES DIRECTOR
KAREN BORKOWSKI SURINE
Human Resources Director Karen Borkowski Surine introduced Matthew Micahud, Controls System Technician, Christine Mathias, Accountant II and Carina Sanchez, Receptionist and Information Specialist.
Chief of Police Clint Blackhurst introduced Patricia Alvarado, Records Technician, Rosario Gallegos, Victim Advocate Specialist and Jennifer Carter, Victim Advocate Specialist.
5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA
(Speakers limited to five minutes)
Vicki Frese, 270 North Main Street, Brighton. Ms. Frese expressed her concern regarding homeless residents in Brighton and asked if the City may be able to help in some way. Ms. Frese expressed her concern regarding the street cleaning schedule.
Laurie Maier, 500 South 4th Avenue. Ms. Maier spoke about the Eye for Art program at City Hall and announced that the reception with the artists was a huge success and had 175 guests. Ms. Maier thanked City Council for their support of this program.
6. PUBLIC HEARINGS
A. 2181 - AN ORDINANCE OF THE CITY COUNCIL AMENDING THE BRIGHTON
MUNICIPAL CODE CHAPTER 8. HEALTH AND SAFETY, AMENDING ARTICLE
8-44, SMOKING PROHIBITED; TO INCORPORATE THE USE OF
ELECTRONIC CIGARETTES, AND CHAPTER 17. LAND USE AND
DEVELOPMENT CODE, AMENDING ARTICLE 17-12. DEFINITIONS; TO ADD
A NEW DEFINITION REFERENCING THE MUNICIPAL CODE; AND SETTING
FORTH DETAILS IN RELATION TO THE FOREGOING.
Mayor McLean opened the public hearing at 7:42 p.m. and City Clerk Natalie Hoel verified that the
required postings and publications (October 30, 2014 in the Brighton Banner) for this public hearing
were completed.
Mayor McLean read the title of the Ordinance into the record.
City Manager Esquibel introduced Long Range and Historic Preservation Planner Aja Tibbs.
Long Range and Historic Preservation Planner Aja Tibbs explained that this public hearing is for the
electronic cigarette code amendment. Electronic cigarettes are any type of device that has a long
cylinder tube that has a liquid cartridge inside. That cartridge is then heated; the liquid is then turned
into a vapor and inhaled in an act similar to smoking. The cartridge can contain a variety of material, it
can be plain flavoring, and it can contain nicotine, THC similar to marijuana or a variety of other
materials. This has become a growing use over the last few years and as a result staff has received
questions regarding their safety and where they should be allowed to be used. Because it is a new use
the Federal Drug Administration (FDA) has not yet determined what the health impacts of these
devices will be. There are a lot of studies that show that the material can be toxic and there are
different materials in the liquid that can be absorbed and are dangerous to one's health, but there are
not defined studies like there are for cigarettes and tobacco. The FDA has expressed that they have
serious concerns about this material and they do intend on researching and regulating it and it will
likely be similar to the way tobacco is regulated. In the meantime other municipalities have taken action
and begun to enact regulations in local Ordinances to prohibit or regulate it similar to tobacco.
A recent publication by the American Non Smokers' Rights Foundation has noted that at least 225
local laws have been adopted throughout the US restricting electronic cigarettes in smoke-free areas.
So any smoke-free regulations that have already been adopted, electronic cigarettes have been added
to it. Some other local communities that have done this include Lakewood, Fort Collins, Louisville,
Golden, Commerce City, and several others. There are a variety of reasons that these communities
have presented to enact these regulations some are the belief that the use of electronic cigarettes
mimics or copies the act of traditional tobacco smoking and the use in public can cause confusion of
whether smoking is allowed in a public place. Other reasons include that the public use of electronic
cigarettes would create a social norm similar to tobacco use in the past which is believed to go against
the Colorado Clean Air Act. There is no assurance that the vapor released back into the air is
dangerous or toxic or what effects it will have. It is within a local jurisdictions right to enact regulations
to protect the health and safety of the community until it is known if there are any implications or if they
are safe.
This is a new use so there are not any current regulations to address electronic cigarettes. A major
issue is the use of these devices in public. There are not currently any regulations to allow their use in
public areas where cigarettes are not allowed. This does create an issue with enforcement by police
officers to see what is being done and decide if it is appropriate or not. It can create confusion for local
law enforcement to know when to step in or not. The regulations in the Land Use and Development
Code do not address where this type of use or store that would sell electronic cigarettes would be
located or the process they would go through. City Council has already reviewed one (1) Conditional
Use for a store and staff followed the process as if it were a tobacco store. Putting these regulations in
the Code would help clarify the exact process for an applicant and would get away from the grey area
of "staff interpretation".
Tobacco regulations exist within two (2) sections of the Municipal Code. The overarching Municipal
Code addresses the law, how the City operates and penalties are all regulated in the Code. A chapter
within the Code is the Land Use and Development Code. The Municipal Code addresses overall use of
smoking and Section 8-44-20 prohibits smoking in any public building or area with certain exceptions.
There is also a definition of smoking which only addresses tobacco and cigarettes. The draft
Ordinance incorporates electronic cigarettes into the existing smoking regulations. It is an amendment
of definition by including electronic cigarettes and vaporizers into tobacco smoking and cigarette
smoking, there are no additional regulations. The use of electronic cigarettes would be prohibited in the
same locations as a tobacco cigarette. They can still be used in a personal manner and in a private
place as long as it is not impacting publicly in a second hand manner.
The amendment to the Land Use and Development Code determines where these items can be sold
and where an electronic cigarette store be located. In the current regulations the closest use is tobacco
sales or a tobacco sales store. A tobacco sales store may be located as a use by right in a C-3, which
are the most intensive Commercial zone district and a Mixed-Use Regional Employment district. A
conditional use process is required in the C-2, middle Commercial zone district, the Downtown district
and two (2) other mixed use districts. At this time there is no definition of a Tobacco Sales Store
because it has been straightforward in the past. The proposed amendment will add a definition for
tobacco sales and that definition would reference the definition in the Municipal Code. This will keep
consistency between the two (2) Codes. This means that electronic cigarette stores would be
regulated the same as tobacco stores are regulated.
There is a process requirement for all Land Use Code amendments to go before the Planning
Commission and they make a recommendation to City Council. The Planning Commission reviewed
the Land Use and Development Code amendment and they recommend denial to City Council. The
Planning Commission had concerns and wanted additional information from the FDA which shows
definite negative impacts from electronic cigarettes. The Planning Commission also wanted the State
to continue to be the regulating authority on this matter.
Staff finds that the proposed amendment will help City staff to address how this could be locally
enforced, believe it will provide consistency between the Land Use and Development Code and the
Municipal Code and protect the health and safety concerns of the general public. Staff recommends
approval of this 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.
Tom Butts, Deputy Director Tri-County Health Department, 6162 South Willow Drive, Greenwood
Village, Colorado. Mr. Butts explained that Tri-County believes that these devices should be treated
like tobacco cigarettes. The school districts across the state have embraced this idea and finds it helps
to deal with situations of covert tobacco use in schools. The Code amendments would also address
the problems with ease of access of these devices to young people. The early information from a
public health perspective is that there may be some similar health effects from e-cigarette use to what
there is from regular tobacco use. This depends on what is put in the devices which ranges from
flavorings to nicotine. Additionally, some of the chemicals that are used in the cartridges can when
heated produce something like propylene oxide which is a carcinogen so there is a concern about the
second hand exposure to that vapor or smoke. One of the primary fluids is propylene glycol which can
produce a carcinogen when heated. There has been some confusing messaging around smoking
tobacco cigarettes and electronic cigarettes and this Code amendment would treat them equally and
reduce the confusion. One of the compounds in some of the flavorings is a compound called diacetyl
and is associated with the onset of what is called "popcorn lung", an irreversible lung disease.
Numerous cities across the US and Colorado are embracing this common definition or have already
done so. The Code is solid and this modification of definition is a very appropriate amendment to
the Code. The American Public Health Association has a policy statement that calls on the FDA to
regulate this product as it does tobacco, but also calls on local public health and government officials
to restrict the sale of e-cigarettes to minors and to restrict the use of these as would prevent the use of
second hand smoke in communities.
Vicki Frese, 270 North Main Street, Brighton. Ms. Frese asked if the electronic cigarettes have an FDA
warning stating that they are not safe and are they safer than a tobacco cigarette.
Long Range and Historic Preservation Planner Tibbs explained that the FDA is still researching. The
FDA suspects that there are serious health risks which are why they have spoken about regulating
them the same as tobacco. There are arguments on both sides. There is not an answer for that
question yet.
Mayor McLean asked if anyone in the audience wished to speak against the request.
James Vargas, representing AlphaStar Vapes, 45 North Main Street #2, Brighton. Mr. Vargas
explained that since the FDA has not approved or denied that it is harmful he feels it is a little early to
ban something in public that has helped many customers improve their lives by quitting smoking. Mr.
Vargas has done some research by reputable sources and those studies do not indicate that electronic
cigarettes are 100% safe, but they are not 100% negative either. Mr. Vargas feels that it would be
better to wait and see and not act now. Mr. Vargas has been following the story of a man that has been
vaping for five (5) years and has been getting chest x-rays every six (6) months and his lungs have
been getting clearer each time. Customers have come into the store and shared their experiences and
how grateful they are that their family members have stopped smoking traditional cigarettes. Mr.
Vargas has found over time that doctors have been more supportive of patients switching to electronic
cigarettes because of the 4,999 carcinogens found in tobacco cigarettes. Mr. Vargas acknowledges
that there are carcinogens in the electronic cigarettes, but not as many as in a tobacco cigarette.
Individuals that have spoken with Mr. Vargas have said that after switching to electronic cigarettes they
have found it easier to breathe, they are more presentable to their families and friends, have more
energy and feel better in the morning. Mr. Vargas sited a survey that stated only 43% of Americans
feel that e-cigs should be subject to the same regulations as tobacco with only 15% of American adults
having ever tried them which shows that the majority of people feel they are less of a nuisance than
tobacco cigarettes. According to the Wes Law Net the leading online legal research service forty-six
(46) states have already proposed to enact legislation that include e-cigs. Of those states only twenty
(20) of those have enacted legislation that includes existing smoking bans or otherwise prohibits the
use of e-cigs in public areas, workplaces or schools. The majority of those, forty-one (41) have
enacted legislation that would prohibit sales to or possession of e-cigs by minors. The majority of
states do not feel it is necessary to completely ban e-cigarettes in public areas. Mr. Vargas spoke of a
cancer researcher in the Department of Health at the Roswell Park Institute explained that he and
colleagues had conducted two (2) studies of second hand exposure to e-cig vapor in a laboratory. It
was found that exposure to nicotine is less with e-cigarettes than with tobacco cigarettes. Mr. Vargas
sited opinions by researchers that e-cigs are safer both in terms of toxins and nicotine when compared
to tobacco cigarettes when it comes to health effect by bystanders. Mr. Vargas does feel that
e-cigarettes should be banned for use by minors and should be banned in schools. Mr. Vargas feels
that each establishment should be able to choose if vaping should be allowed in their businesses. This
would better help the consumer convert from dangerous combustible cigarettes to safe cigarettes.
Mason Fox, 45 North Main Street. Mr. Fox personally uses electronic cigarettes and that has helped him quit smoking traditional tobacco cigarettes. There is no evidence to suggest that these two (2) products are equal so Mr. Fox does not feel they should be treated equally. Mr. Fox feels the establishments in the community should have the right to choose whether their patrons use electronic cigarettes or not. It is the right of the bar or restaurant owner to ban these devices if they wish and it is the right of every consumer to discontinue patronage to an establishment if they are allowed. There are no solid findings by the FDA on whether or not these products are harmful so an item should not be banned if you do not know if it is safe or not. There are many products that are used every day that contain the same ingredients that are used in e-cigarettes including asthma inhalers, although these do not contain nicotine. There are also over the counter nicotine inhalers for smoking cessation. These also have the ability to inhale the nicotine and exhale a vapor. The reason glycol based substances are used is because the absorption rate of the chemicals into a person's body is very high. The small amount of nicotine is absorbed quickly and most of what is exhaled is water vapor which is safer than exhaling smoke. Mr. Fox feels that this is a safer alternative than tobacco cigarettes. Mr. Fox feels that there are many studies out there that back up those facts.
Mayor McLean asked if any correspondence had been received, there was none.
Mayor McLean asked if there were any questions from City Council.
Councilmember Bell asked for clarification that the purpose of this is not to decide the safety or lack of
safety of electronic cigarettes by this Ordinance. Long Range and Historic Preservation Planner Tibbs
explained that this Ordinance will determine if the electronic cigarettes can be used in public and where
a sales store can be located and how they will be regulated. The FDA is responsible for determining
what the health impacts are and the long term effects. If information is received in the future contrary to
what is being done today an amendment can be addressed at that time. Councilmember Bell asked if
current City regulations prohibit smoking in public places and Planner Tibbs explained that if it is in a
public place or doorway and next to another person it is not allowed. Councilmember Bell asked if
someone is smoking at a public sporting event if there is any way to know if they are smoking tobacco
or electronic cigarettes. Lieutenant Schoeneck explained that the use of tobacco would emit an odor
that could be detected and the officer would ask the person to cease that activity. Councilmember Bell
asked if there is a way to tell the difference from a distance and Lieutenant Schoeneck said there is
not. Councilmember Bell explained that he would like to protect the public from possible side effects
and keep young people from being led into smoking so he feels it is best to keep the uses to private
uses and not in public places.
Councilmember Martinez explained that she feels it is important to not jump to any conclusions since it
is unknown if the materials are toxic. The Planning Commission is not supporting this amendment.
Councilmember Martinez explained that all options should be looked at and Council should wait to see
what the FDA finds. There are concerns regarding the kids in the community but it would be better to
revisit this issue when there are some facts from some of the studies being conducted at this time.
Councilmember Humbert explained that nicotine is a chemical and the person vaping is still inhaling
different chemicals. It is concerning that a person is defending a different way to get chemicals into a
person's lungs.
Councilmember Edwards expressed his concern allowing these devices in public when it is not
possible to check each device to see what is being used in it to determine if it is harmful to others.
There could be potential issues with these devices like second hand smoke. These devices may also
encourage younger people to use them even they have no regulations. Planner Tibbs explained that
the state requires that a person be eighteen (18) years or older to purchase these devices.
Councilmember Kreutzer explained that some people have used the word ban tonight but this is not a
ban. If a person can use this type of product to wean off of tobacco and quit smoking that is wonderful.
As a former teacher Councilmember Kreutzer knows that some students had other things in these
e-cigarettes. If a person is a smoker than this amendment does not change anything, they can still
smoke where they could before. This is not a ban it is just doing the best thing for all concerned.
Councilmember Kreutzer has been in an establishment where someone next to him was vaping and he
does not feel he should have to choose to stop going to an establishment. This is the best decision for
both sides and it is progressive for all citizens.
Mayor McLean closed the public hearing at 8:28 p.m.
Motion by Councilmember Bell, seconded by Councilmember Baca, to approve the
Ordinance. Motion passed by the following vote:
Aye: 8 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca,
Councilmember Bell, Councilmember Edwards, Councilmember Humbert,
Councilmember Kniss, and Councilmember Kreutzer
No: 1 - Councilmember Martinez
7. ORDINANCES FOR INITIAL CONSIDERATION
A. 2182 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AMENDING THE BRIGHTON MUNICIPAL CODE SECTION 1-24-10
TO INCREASE THE FINES WHICH MAY BE IMPOSED BY THE MUNICIPAL
COURT TO TWO THOUSAND SIX HUNDRED FIFTY DOLLARS ($2,650);
PROVIDING THAT HEREAFTER ANNUAL INCREASES OF THE MAXIMUM FINE
TO BE DETERMINED BY THE INCREASE IN THE COST OF LIVING; GRANTING
AUTHORITY TO SUSPEND ALL OR A PORTION OF THE SENTENCE AND
GRANT PROBATION, ALL AS AUTHORIZED BY C.R.S. §13-10-113; AND
SETTING FORTH DETAILS IN RELATION THERETO
Mayor McLean read the title of the Ordinance into the record.
City Manager Esquibel introduced Prosecuting Attorney Adam Gollin.
Prosecuting Attorney Adam Gollin reported that the State passed the maximum fines allowable for
Municipal Court at $2,650.00 so this amendment will update the Municipal Code to match other
municipalities. Fines will not start out at this amount, but this broadens the Court's ability to handle
cases. Attorney Gollin answered questions from Council regarding:
• Other cities charging more for fines.
• The difference in fines between Brighton and other municipalities.
• The last time the fine maximum was raised.
Motion by Councilmember Edwards, seconded by Councilmember Kniss, 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
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AMENDING THE BRIGHTON MUNICIPAL CODE RELATED TO
RECOVERY OF THE CITY'S COSTS OF CODE ENFORCEMENT AS SET FORTH
IN SUBSECTIONS 8-8-80(1) AND (2), WEED ABATEMENT; 8-8-220(1) AND (2),
TREES AND PLANTS; 8-16-85, LITTER AND TRASH; AND 8-24-160(1) AND (2),
NUISANCES; AND SETTING FORTH DETAILS IN RELATION THERETO.
Mayor McLean read the title of the Ordinance into the record.
Chief of Police Clint Blackhurst explained that one frustration in Code Enforcement is the numerous
contacts that are made prior to abatement to get the issue taken care of. The City is now recovering
the cost of abatement, but the problem is that some landowners will wait for the City to take care of the
issue because it is cheaper than hiring someone. The Code amendments will allow the City to recover
some of the costs associated with all of the work involved in the Code Enforcement from the beginning.
The extra charges may also act as a deterrent to those that would rather have the City take care of
their Code issues. Chief of Police Blackhurst answered questions from Council regarding:
• The reason only 35% of the cost will be recovered.
• The property owner having to pay the actual cost of the work being done.
• The City working with the property owners to get payment.
• The number of times a party is notified prior to abatement.
Motion by Councilmember Baca, seconded by Councilmember Bell, 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
C. 2183 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, REPEALING THE BRIGHTON MUNICIPAL CODE SECTION 9-12-20.
VIOLATION AND PENALTY FOR TRESPASS AND ADOPTING A NEW
SUBSECTION 9-12-10(c);SETTING PENALTIES FOR TRESPASS VIOLATIONS IN
ACCORDANCE WITH ARTICLE 1-24 GENERAL PENALTY; ADOPTING SECTION
9-16-20 DISORDERLY CONDUCT SETTING FORTH WHAT CONSTITUTES
DISORDERLY CONDUCT; AND ADOPTING SUBSECTIONS 9-16-90(a)(4) and (c)
HARASSMENT TO INCLUDE ELECTRONIC FORMS OF HARASSMENT;
REPEALING AND REENACTING OR AMENDING SECTIONS 9-16-51. PUBLIC
INDECENCY, 9-16-52. INDECENT EXPOSURE, AND 9-16-53, PUBLIC
URINATION AND DEFECATION; AND, SETTING FORTH DETAILS IN RELATION
TO THE FOREGOING.
Mayor McLean read the title of the Ordinance into the record.
Prosecuting Attorney Adam Gollin explained that since he has been the prosecutor the trespass
penalty is between $25.00 and $300.00 on a first offense. Staff is asking that the trespass penalty be
the same as every other penalty in the Municipal Code. At this time there is no possibility of jail for a
trespass ticket. The Court should be able to evaluate each case and have more sentencing
possibilities than just a $25.00 or $300.00 fine.
Regarding the disorderly conduct portion the Municipal Code gives specific meaning to specific terms.
The State statute talks about committing disorderly conduct either intentionally, knowingly or
recklessly and the Municipal Code says it is "unlawful for any person to disturb or tend to disturb". The
City's Ordinance also says "to disturb the peace of others" and it is unclear if that means more than
one (1) person. There is some other archaic language that should be cleaned up. The new amendment
mimics the State statute with clear and concise language and this will help with consistency.
The section of the Municipal Code regarding harassment does not include any type of electronic
harassment like Facebook, email or text messaging. The amendment to the Code mimics the State
harassment statute. The only portion that will not follow the State is the stalking section so those
will be left to the State dealing with domestic violence.
Regarding indecent exposure in Section 9-16-52, there are those cases and they are pretty obvious
but the reason this is being brought to the attention of the City Attorney is because there was a case
where a man had two (2) house cleaners over to clean the house to surprise his wife. During this time
the man exposed himself to the housecleaners several times. The current indecent exposure
Ordinance states "it is unlawful in a public place or where conduct may be reasonably expected to be
viewed by members of the public". A person's residence is not a public place and those invited into a
home are not members of the public. The State Statute 18-7-302 which states that you can cause
indecent exposure by exposing your genitals to the view of any person. The amendment should more
closely mimic the State Statute.
Regarding the public urination and defecation staff believes this should be subject to not only those
acts in public but also when those acts are done in a home if the windows are open and a person is
exposing themselves this should also be subject to the criminal Ordinances. Attorney Gollin answered
questions from Council regarding:
• There being instances when a person is legally carrying a weapon and they are subject to
disorderly conduct by displaying a weapon.
Councilmember Kniss pointed out that the third whereas and the fifth whereas in the Ordinance are the
same and asked that the fifth whereas be removed and that the whereas read "Â…which incites others".
Motion by Councilmember Kniss, seconded by Councilmember Kreutzer, to approve the
Ordinance, 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
Mayor McLean requested a break at 8:58 p.m.
Mayor McLean resumed the meeting at 9:12 p.m.
D. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, ESTABLISHING CERTAIN BENEFITS FOR CITY PERSONNEL FOR
THE 2015 BUDGET YEAR AND SETTING FORTH THE DETAILS RELATED
THERETO
Mayor McLean read the title of the Ordinance into the record.
City Manager Esquibel introduced Human Resources Director Karen Borkowski Surine.
Human Resources Director Karen Borkowski Surine explained that this Ordinance will approve the
fringe benefits for employees. It is being recommended to continue to pay the premiums for all
employees and for those employees with coverage for a spouse and family to have the same premium.
Since the City went self-funded last year there is money set aside to mitigate the increased cost due to
high usage last year and there are some recommended plan changes. Being self-funded it is important
to continue to make efforts to control costs with a strong wellness program. The City will continue to
have a representative from Platte Valley Medical Center come in once per week for half of the day to
meet with employees regarding any issues they may have. Telehealth was introduced last year which
includes the Teledoc feature which allows employees and families to call the doctor at no cost to the
patient and a prescription can be called in for the patient. The City pays $6.95 per employee per month
for this program. This has been a popular program and there is no cost to the City's plan when it is
used. Other programs in the Telehealth program include Health Advocate and EDoc America. Delta
Dental will continue to be the dental insurance plan and there is no increase to premiums. VSP will
continue to be the vision provider, there is a slight cost increase but staff recommends continuing with
VSP and maintaining the same coverage. There is currently coverage for Life, AD&D, Long Term
Disability and Short Term Disability with Mutual of Omaha and the total cost for the premium for those
is $98,616.00. A Flexible Spending Account is offered in the amount of $2,500.00 for healthcare and
$5,000.00 for dependent care. The Employee Assistance Program allows five (5) free visits per
incident per year and the program cost for the City is $15,000.00. City employees also received a
Recreation Center pass; this benefit has not made a negative impact on the Recreation Center and is
a great benefit. There is also a car allowance per mile which is approved by the City Manager as
needed. The entire cost for the benefits package is $3,500,269.95 which has been included in the
2015 budget. Director Borkowski Surine answered questions from Council regarding:
• The number of City employees.
Motion by Councilmember Edwards, seconded by Mayor Pro Tem Wallin, 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
8. RESOLUTIONS
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, CONFIRMING THE CITY OF BRIGHTON'S PARTICIPATION IN THE
LINK PROGRAM IN CALENDAR YEAR 2015; APPROVING THE
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION AND FUNDING OF
JUVENILE ASSESSMENT SERVICES BY THE LINK; AUTHORIZING THE MAYOR
TO EXECUTE SAID IGA ON BEHALF OF THE CITY; AND THE MAYOR WITH
RATIFICATION BY CITY COUNCIL WILL APPOINT THE CITY OF BRIGHTON'S
REPRESENTATIVE TO THE LINK BOARD FOR CALENDAR YEAR 2015
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel introduced Chief of Police Clint Blackhurst.
Chief of Police Clint Blackhurst reported that Lieutenant Chris Schoeneck is the liaison for the LINK
Program. The LINK Program was established in 1999. The Adams County District Attorney's Office
had efforts to establish a juvenile assessment program that was needed in Adams County. The original
funding came through grants and since then the cost of the program has been spread across the law
enforcement agencies in the County. The costs are determined on the basis of use and the
assessment for 2015 shows an increase of 16%. The Police Department sees this as a positive thing
because Brighton PD is now consistently the second or third largest user of the program in Adams
County. The LINK is being used more especially in the schools as a means of assisting troubled
juveniles; this is really the only resource available for these kids. While tracking juveniles over a long
period of time it is known that the LINK is one of the best alternatives for officers while dealing with
juvenile delinquents with drug or alcohol abuse issues, truancy issues and family issues. The LINK is
located in Thornton and they have tried to accommodate the cutting back of hours of operation and
they have teamed with another facility to try to keep it open. The current IGA is identical to previous
years except the assessment is increased to $54,858.00.
Councilmember Martinez is the current Council representative for the LINK Program and feels it offers
help to kids and families to keep these kids out of the court system and help them become part of the
community.
Motion by Councilmember Kreutzer, seconded by Mayor Pro Tem Wallin, to approve Resolution
2014-101. 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 APPROVING THE ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE CITY OF BRIGHTON,
COLORADO FOR THE FISCAL YEAR 2015; AND AUTHORIZING THE CITY
MANAGER TO SIGN AND EXECUTE THE GRANT AGREEMENT ON BEHALF OF
THE CITY
Mayor McLean read the title of the Resolution into the record.
City Manager Esquibel explained that the City of Brighton has the option to get the [CDBG] allocation through
the County or can apply directly to the State for allocation. It is not assured that the funds will be
received through the State. After discussions with the County there is not a final amount that the City
could receive in 2015 but the estimate is now $194,000.00 which is more than was originally thought
when the Resolution was created. These funds are to be used in low and moderate income areas as
determined by the census tract and not all agencies qualify. The City will use these funds for capital
projects since they are essentially one-time funds. The Housing Authority will be applying directly to
the County for their allocation but Almost Home would like to apply for funds through the City of
Brighton. Each year the City looks to improve the ADA requirements for sidewalk and accessibility. It is
recommended that $119,000.00 be utilized for continued upgrades for ADA sidewalk accessibility and
Almost Home is asking for $75,000.00 for a capital improvement project at Hughes Station. There is no
match requirement for this grant and the City will not know until the first quarter of 2015 if it will be
receiving these funds, and how much the allocation will be.
Terry Moore, Executive Director of Almost Home, 231 North Main Street. Mr. Moore gave a brief
background on the work that Almost Home does in the community to provide services for the low and
moderate income members of the community including rental assistance, classes, a GED program,
and the Thanksgiving Box Program which helps to provide 300 Brighton families with a Thanksgiving
dinner. The HVAC system for the Community Center, Tech Lab and Offices needs to be replaced. This
will hopefully cost less to operate and there will be additional savings. Mr. Moore answered questions
from Council regarding:
• The number of families living at Hughes Station.
Streets and Fleet Director Joe Smith explained that the Handicap Accessibility Program includes
ramps, handicap parking, and some sidewalks in low income areas. Director Smith answered
questions from Council regarding:
• The sidewalk program being close to 100% completed.
Motion by Councilmember Edwards, seconded by Councilmember Kniss, to approve
Resolution 2014-102. 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. UTILITIES BUSINESS ITEMS
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, AMENDING TITLE 13 OF THE BRIGHTON MUNICIPAL CODE
PERTAINING TO WATER, WASTEWATER AND STORM DRAINAGE FEES AND
CHARGES ASSESSED BY THE CITY OF BRIGHTON; SETTING FORTH
EFFECTIVE DATES FOR SAID RATES, FEES AND CHARGES; AND, OTHER
DETAILS RELATED THERETO
Mayor McLean read the title of the Ordinance into the record.
City Manager Esquibel explained that this continues the process that Council asked staff to look at
the Utilities Enterprise Funds and the Business Plan that will reflect where the City must go to maintain
the Utilities system. Staff worked with a consultant and they will be presenting their findings relating to
the Utility Rate Study and share their recommendations. City Manager Esquibel introduced Utilities
Director Curt Bauers.
Utilities Director Curt Bauers explained that the City adopted the Business Plan in 2013 which included
an agenda to review the rationale behind the water and sewer rate structures. Staff selected Willdan
Financial Services to perform a rate analysis based on the cost of service. In April they began the
review starting with the rate requirements for the [City's water, sewer and drainage] Enterprise funds and will be presenting modifications
to the water and sewer rate structures. The new rates are representative of the actual cost of doing
business with each customer class; they are sustainable and meet the Council's desire for
management of the Enterprise funds. As with any change to rates, there will be challenges and
concerns for certain customers. Staff will continue to work with customers and entities to encourage
conservation and overall efficiency. Staff will also evaluate the potential for expansion of the
non-potable system to reduce irrigation demands on the potable system and reduce services and rates
for irrigation. Director Bauers introduced Kevin Burnett with Willdan Financial Services.
Kevin Burnett, Willdan Financial Services. Mr. Burnett explained that the overall purpose is making
sure that the City generates enough money to pay for expenses and making sure those costs are
recovered fairly and equitably across the different customer's classes. There are several financial
targets in the Financial Plan including City imposed standards and there is also a debt requirement
which is legally imposed. The rate setting process includes three (3) pieces: 1. The revenue
requirements analysis which is how much revenue needs to be generated to operate the Utilities; 2.
The cost of service piece tells us how much it costs to serve each individual customer class; and 3.
The rate design piece is how the needed revenue is recovered. Staff and the consultants met several
times to reach this final conclusion.
Mr. Burnett explained the proposed increases for stormwater rates and leaving the current rate structure, wastewater rates
leaving the current rate structure, and the water rates. The water rates are more complex and staff
indicated the top three (3) objectives for these rates and they are: 1. Revenue stability to have enough
money to pay the bills, 2. To encourage conservation, and 3. Equity and fairness across the customer
classes. There is a fixed charge structure which will stay the same with increases to the fees. To
create equity and fairness across the classes it was recommended that the City do away with the
senior rate discount and replace it with a lifeline rate. The 0-4000 gallon water rate will be set at a
lower rate so seniors and low income residents will receive this lower rate. The thresholds were also
amended to encourage conservation. The multi-family thresholds were amended to lower the number
of blocks which covers the sizes of multi-family developments. The commercial class will be amended
to have a straight uniform charge. There will be a higher rate for commercial irrigation than for
commercial indoor. The schools rate will now be rolled into the commercial class since they behave
more like a commercial customer. Bulk customers will have their own rates. The plant investment fees
will see an increase in water with rights, water without rights and sewer fees.
Mr. Burnett and Utilities Director Curt Bauers answered questions from Council regarding:
• The increase for a typical family of four (4).
• Where the increased revenue will come from if the typical family rates will stay the same.
• The use of non-potable and how it can reduce fees.
• A customer paying both the City plant investment fees and the Metro plant investment fees.
• Shifting the burden towards commercial users having an impact on the ability to bring commercial
businesses to Brighton.
• The irrigation fees having an impact on HOA's and costs being passed onto residents.
City Manager Manuel Esquibel explained that this process will have to be reviewed each year to
determine the true costs of services and how much the City should charge. The City will also focus on
paying for its own water and on conservation efforts.
Motion by Councilmember Martinez, seconded by Councilmember Humbert, 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
10. GENERAL BUSINESS
A. Schedule a Special City Council Meeting on November 25, 2014 at 6:00 p.m. for the
purpose of reviewing Fringe Benefits, Amend the City Council Rules and
Procedures, State Historic Fund Grant Agreement for Bromley Farm Phase 1
Interior, Adams County Grant Agreement for Pheasant Ridge Park Beautification
Project and the Adams County Grant Agreement for Northgate Open Space Design
and Construction
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Humbert, to schedule a Special
City Council meeting on November 25, 2014. 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. REPORTS
A. By the Mayor.
Mayor McLean joined several members of the RTD District and Councilmembers from other cities and
rode from the 120th lot to Denver and got on the western bound rail and stopped at each station to
look at the art. It was a great time. City Council toured the new Westin Hotel at DIA. The Metro Mayors
Caucus has a "Sock it to'em" Campaign to collect socks for the homeless.
B. By Department Heads.
Economic Development Director Robert Smith reported that the EDC Board held its annual meeting
and elected their Executive Committee. EDC will sponsor a Holiday Mixer at Pinocchio's on December
3rd from 4:30 p.m. to 7:00 p.m.
Parks and Recreation Director Gary Wardle announced that the Turkey Trot is this Saturday at 8:00
a.m. at the Recreation Center.
C. By the City Attorney.
D. By the City Manager.
City Manager Esquibel handed out notes from the Ward 1, 3 and 4 Coffees with Council. A Special
Study Session will be scheduled on January 6th at 6:00 p.m. to meet with RTD.
12. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Bell attended the Housing Authority meeting and is impressed with the care and
support the City and the Housing Authority shares each day with seniors and low income families in
the City.
Councilmember Humbert attended the ribbon cutting for Threadz & Thingz on Main Street.
Councilmember Baca thanked everyone that attended the Coffee with Council, it was a great event
and she would like to see it continue and bring more citizens and businesses.
Mayor McLean attended the E-470 Board Meeting and the ribbon cutting at the Quebec onramp for
E-470. Mayor McLean and a number of employees attended the Adams County Career Expo at the
Merchandise Mart and they received a plaque acknowledging five (5) years of attendance.
Mayor Pro Tem Wallin thanked everyone that attended the Coffee with Council and is excited to
continue the dialogue. The Youth Commission gave a presentation at the Boys and Girls Club on
suicide prevention and awareness. Mayor Pro Tem Wallin was a judge for DECA and enjoyed
spending time with local students.
Councilmember Edwards attended the Eye for Art reception; it was well attended and was a great
event. The tour of the Westin Hotel at DIA was amazing and will be completed next year. The Senior
Advisory Board is buying 1200 burritos for the Turkey Trot. The Senior Center Craft Show was the
largest to date and the Cemetery Walk was a fun event. Councilmember Edwards attended the
Halloween breakfast and costume contest, continues to attend the ongoing DIA meetings and enjoyed
the Coffee with Council for Ward 4.
Councilmember Martinez acknowledged the artists, staff and volunteers for their work with the Eye for
Art Program. The DIA tour was great and it is good that they are expanding. The open enrollment was
very informative. The Chamber Gala was wonderful and the entertainment was great. The Turkey Trot
is always a great event and wonderful for the community.
Councilmember Kreutzer was a judge at the DECA District Conference and Brighton is sending over
30 students to the State Conference. There was a great workshop on planning at the CML offices;
Councilmember Kreutzer praised the City's planning staff for helping to educate City Council.
Councilmember Kreutzer attended the ADCOG Dinner and sat next to Thornton Mayor Heidi Williams
a former student of Councilmember Kreutzer. At the Chamber Gala the City received a plaque for
being a part of the Chairman's Circle. The Coffees with Council were a great idea and should continue.
Councilmember Kniss expressed her disappointment that the School District Bond Issue did not pass
at the election. This is devastating news for the entire community and will have a big impact on the
overcrowded schools. Many changes will have to take place including the elementary schools going to
an alternative tract schedule and the high school going to a split schedule. There is concern for the
emotional and physical safety of the students. Councilmember Kniss encouraged everyone to thank
each person that is involved in the education process for the work they do. The Legacy Foundation
reviewed grants and will fund a total of eighteen (18) grants for a total of $90,000.00 to various groups
including food banks, the Pennock Center, a children's theater and a new group from Brighton High
School with a suburban art movement that produces art and puts it on permanent display in
businesses in the City. Councilmember Kniss thanked everyone for attending the Coffee with Council.
The Cultural Arts Commission has been working hard on their strategic plan. Councilmember Kniss
commended the Streets and Fleet department for their work on the parking lot at 1st Avenue and
Strong Street.
13. EXECUTIVE SESSION
A. For a Conference with the City Attorney for the Purpose of Receiving Legal Advice
on Specific Legal Questions Under C.R.S. Section 24-6-402(4)(b) Regarding City
Council Rules and Procedures
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Martinez to go into Executive
Sesion at 11:00 p.m.
14. ADJOURNMENT
Motion by Councilmember Martinez, seconded by Councilmember Humbert, to adjourn at 11:01
p.m Motion passed by the following vote:
Aye: 11 - Mayor McLean, Mayor Pro Tem Wallin, Councilmember Baca, Councilmember
Bell, Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, Councilmember Martinez
CITY OF BRIGHTON, COLORADO
_______________________________
Richard N. McLean, Mayor
_______________________________
Natalie Hoel, City Clerk
_______________________________
Approval Date