City of Brighton
500 S. 4th Avenue
Brighton, CO 80601
Meeting Minutes
Tuesday, March 3, 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 Pro Tem Wallin called the meeting to order at 7:00 p.m.
A. Pledge of Allegiance to the American Flag.
Local Girl Scouts led the recitation of the Pledge of Allegiance to the American Flag.
Present: 8 - Mayor Pro Tem Wallin, Councilmember Baca, Councilmember Bell,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Not Present: 1 - Mayor McLean
B. Roll Call.
Present: 8 - Mayor Pro Tem Wallin, Councilmember Baca, Councilmember Bell,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Absent: 1 - Mayor McLean
2. CONSENT AGENDA
A. Approval of the February 3, 2015 City Council Minutes
Mayor Pro-Tem Wallin read the Consent Agenda into the record.
Motion by Councilmember Kniss, seconded by Councilmember Kreutzer, to approve the
Consent Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Wallin, Councilmember Baca, Councilmember Bell,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Absent: 1 - Mayor McLean
3. APPROVAL OF REGULAR AGENDA
Motion by Councilmember Martinez, seconded by Councilmember Baca, to approve the
Regular Agenda as presented. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Wallin, Councilmember Baca, Councilmember Bell,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Absent: 1 - Mayor McLean
4. CEREMONIES
A. Girl Scout Week Proclamation
Mayor Pro-Tem Wallin read the Proclamation into the record and presented it to the visiting Girl Scouts, ages kindergarten through high school.
Motion by Councilmember Martinez, seconded by Councilmember Bell, to approve the
Proclamation. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Wallin, Councilmember Baca, Councilmember Bell,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Absent: 1 - Mayor McLean
B. Introduction of New Employees by Human Resources Director Karen Surine
Human Resources Director Karen Surine introduced Eric Lewis, Senior Tech Support Analyst and
gave a brief history of his background.
Mayor Pro-Tem Wallin and City Council welcomed the new employee to the City of Brighton.
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,
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 Pro-Tem Wallin read the title of the Ordinance into the record.
Mayor Pro-Tem Wallin opened the public hearing at 7:14 p.m. and City Clerk Natalie Hoel verified the required postings and publications (February 11, 2015 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Esquibel introduced Long Range and Historic Preservation Planner Aja Tibbs.
Long Range and Historic Preservation Planner Aja Tibbs explained that this is the first Code amendment for urban agriculture which refers to micro-livestock (small animals) like chicken, ducks, goats, sometimes cows and can also be referred to as animal husbandry. Staff has focused on beekeeping and poultry keeping for this Code amendment. The City Code currently permits domestic ducks, rabbits, doves and pigeons but chickens, turkeys, pheasants and geese have never been addressed in the Code. Staff has historically allowed birds similar to ducks in the past so there has been chicken keeping in the City. There are regulations in the Animal section of the Code which regulate the care of these animals including water, shelter, and vet care to make sure Animal Control can be sure the animals are getting proper care. Staff surveyed surrounding communities and found that about four (4) of the eight (8) permit chickens in the backyard. Most regulations address the maximum number of animals allowed, care of the animals, where the coops and runs are located, cleanliness, offsite or onsite slaughter and licensing or permitting. Staff met with other City departments including Animal Control, Code Enforcement and the Police Department since they will be enforcing these regulations.
The majority of the regulations were put in the Animal chapter of the Code for enforcement purposes. Chickens were previously considered pets so the number of fowl (chickens or ducks) has been increased from four (4) to six (6) in addition to pets and will be allowed in residential zone districts. Staff did not find any evidence that two (2) additional chickens will be a nuisance and it provides additional food for a family. It was clarified that roosters, turkey, geese, guinea fowl, peafowl and other poultry are prohibited. A lot of research was done on these birds and they need to be in large communities to survive and be healthy which is not appropriate for this proposal, and some of them particularly peafowl and geese are extremely noisy and dirty.
Apiculture (beekeeping) is keeping of the honey bee, not the wasp, hornet or yellow jacket. Most stings come from these and not from the honey bee. The honey bee is a docile creature and does not want to sting because it kills them. Honey bees provide a great benefit by providing honey and pollenating fruits and vegetables. The current regulations allow apiculture in the agriculture residential zone district and there is very little land zoned this way in the City, and there are no regulations currently in the Code to address beekeeping. Four (4) out of eight (8) surrounding municipalities do allow beekeeping in residential areas. Only one (1) requires a permit but they all have regulations to address practices, where the hives can be located, the number of hives allowed, and what needs to be provided for them. Staff met with the Brighton Bee Club and got their expertise on how the hives operate. Staff was sure to write regulations that are flexible and still address good practices. The Code is being amended to allow hives on single-family detached lots and also allowed for parks and open spaces. This will give the Parks Department the ability to allow this in appropriate areas as long as it is brought through a process with the City. Regulations were drafted to address general maintenance and use, location, maximum number of hives, setbacks and what is called a ‘flyway’ which is a built structure to make sure the bees are flying in an appropriate direction. This is important if a hive is placed close to another property, sidewalk or park. Bees stay up high and only come down for their pollen. The regulations were written with input from other City departments to make sure they were useful and enforceable for them. While addressing permitting, other departments indicated that it is easier to enforce if there is not a permit that has to be verified’ the officer can respond directly and address the issue. A permit can be a burden to animal control when they are trying to enforce regulations.
Planner Tibbs explained each Code amendment. In Chapter 6, the Animal Chapter staff tried to put all of the regulations in this chapter. New definitions were added for new practices. Clucking and calling were added as nuisances. All regulations regarding guard dogs have been moved from the Land Use and Development Code to the Guard Dog section in the Animals section, nothing regarding guard dogs was amended. It was clarified that animal feces cannot be deposited in an onsite wastewater treatment or septic system; this was requested from Tri County Health. The total accumulation of animals was modified; it was clarified that pets are now cats, dogs and rabbits and each household is allowed a combination of four (4). Urban agriculture allows up to six (6) birds. This does not affect the ten (10) indoor caged animals that are currently allowed such as gerbils, snakes or caged birds. Regulations were added to address the total accumulation of livestock animals, these were spread out throughout the Code and not clear in the zone district regulations so they are included in the Animal section and have referenced Adams County and Weld County regulations so the City is being consistent with actual agriculture practices. Division 10, the Urban Agriculture section was added and adds the regulations for poultry keeping and beekeeping.
In Chapter 17 there were some definitions of what livestock was so those had to be clarified and reference the Urban Agriculture to make sure there was no conflict. Defining 17-16 the zone district regulations, there was some language in the Agriculture District about poultry and livestock which had to be removed and placed in the Animal section. Article 17-24, Performance Standards; previously had a section for animals and household pets which was removed because it did not make sense in the Land Use Code. Article 17-32, Table of Uses, this is the major change to the Land Use Code. There was originally one (1) use listed for apiculture with no regulations associated so that was removed entirely and the new accessory use of Urban Agriculture was added which will encompass apiculture (beekeeping) and poultry keeping. This will also be a benefit if more regulations need to be added to that section in the future.
Publications for this public hearing were completed and there have not been any public comments received prior to this meeting. Planning Commission did review the Land Use Code amendment and approved the draft Ordinance as proposed.
Mayor Pro-Tem Wallin asked if anyone in the audience had questions for the applicant, there was none.
Mayor Pro-Tem Wallin asked if anyone in the audience wished to speak on behalf of the request.
Alex Duran, 501 South 2nd Avenue, Brighton. Mr. Duran is a Brighton resident and a new member of the Brighton Bee Club. Mr. Duran expressed his support of the beekeeping section of this Ordinance. After reading about the plight of the honey bee, their population decline and their connection to the human diet Mr. Duran joined the Brighton Bee Club last February. According to the US Department of Agriculture about 1/3 of the human diet comes from insect pollinated plants and the honey bee is responsible for 80% of the pollination and even cattle fed on alfalfa depend on bees. Grains are primarily pollinated by wind but the best and healthiest fruits, nuts and vegetables are pollinated by bees. In the past several months beekeepers surrounding Brighton have had large losses of their bee colonies and the cause of most of these colonies is unknown at this time. Beekeepers in surrounding counties have had losses at about 75% on average and losses at this time of year are very unusual. The loss of honey bees and their effect as pollinators have an effect on the human diet and everyone should do their small part to help the honey bee and all pollinators. Mr. Duran hopes this Ordinance will help to preserve and assist the honey bees and make everyone aware of all pollinators and their importance to human diet. Mr. Duran thanked Aja Tibbs and Holly Prather for their work with the Bee Club regarding this Ordinance and their professionalism can only be seen as a compliment to the City.
Mayor Pro-Tem Wallin asked if anyone in the audience wished to speak against the request, there was none.
Mayor Pro-Tem Wallin asked staff if there were any comments that needed to be clarified or reviewed, there were none.
Mayor Pro-Tem Wallin asked if any correspondence had been received, there was none.
Mayor Pro-Tem Wallin asked if there were any questions from City Council.
Councilmember Humbert asked how many bees there are on average in a hive. Dave Swanson, 539 Longhurst, Brighton. Mr. Swanson reported that there can be up to 80,000 in the middle of summer and 5,000 to 10,000 at this time of year. Councilmember Humbert asked what a beekeeping starter kit consists of. Mr. Swanson reported that a starter kit includes a wooden hive with frames, lids and bottom board, a veil, gloves, a bee brush and a pry bar. Councilmember Humbert asked how the bees are delivered. Mr. Swanson explained that they come in a three (3) pound box from California.
Councilmember Kniss thanked the Brighton Bee Club for their patience while staff worked hard on this Code amendment. Councilmember Kniss asked if there were any restrictions regarding lot size or fencing for keeping poultry. Planner Tibbs reported that there are no restrictions regarding lot size. An owner will not be allowed to let their chickens range free if they do not have a fence, so they may keep them in a run or coop. Some people allow them to run in the backyard because they are great at insect control and the manure is good for the yard. The coops will have to meet accessory structure setbacks and height requirements.
Councilmember Kreutzer asked what would be expected if someone had a backyard swimming pool and there was a hive next door with 80,000 bees. Dave Swanson explained that the bees would typically find a natural water source and not bother with the swimming pool. Alex Duran reported that chlorine does attract bees. Councilmember Kreutzer asked if the ‘flyway’ would help that situation. Mr. Duran explained that the bees do come and go the direction of the flyway but their range and be up to three (3) miles in any direction from the hive.
Councilmember Edwards asked if most people are raising chickens for pets or as a food source. Planner Tibbs explained that most chicken keeping is for eggs but feels that if someone is keeping them at their home they will become like pets. Councilmember Edwards asked if there are restrictions regarding slaughtering chickens in yards. Planner Tibbs explained that this is a difficult topic but there are not restrictions in the proposed ordinance regarding onsite slaughter if it is kept from the view of neighbors. The City does allow for certain traditions and religious ceremonies for people to slaughter larger animals such as goats so it would be difficult to be more restrictive with chickens.
Mayor Pro-Tem Wallin closed the public hearing at 7:42 p.m.
Motion by Councilmember Kreutzer, seconded by Councilmember Humbert, to approve the
Ordinance. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Wallin, Councilmember Baca, Councilmember Bell,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Absent: 1 - Mayor McLean
B. AN ORDINANCE OF THE CITY OF BRIGHTON CITY COUNCIL, APPROVING THE
REZONING OF AN APPROXIMATELY 0.56 ACRE AREA OF LAND, KNOWN AS
LOT 1, KUM & GO STORE #940, 1ST AMENDMENT, WHICH IS GENERALLY
LOCATED IN SECTION 7, TOWNSHIP 1 SOUTH, RANGE 66, WEST OF THE 6TH
PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF
COLORADO, FROM A ZONING DESIGNATION OF DT (DOWNTOWN) TO A
ZONING DESIGNATION OF C-3 (GENERAL RETAIL AND SERVICES). (First
Reading)
Mayor Pro-Tem Wallin read the title of the Ordinance into the record.
Mayor Pro-Tem Wallin opened the public hearing at 7:44 p.m. and City Clerk Natalie Hoel verified the required postings and publications (February 11, 2015 in the Brighton Standard Blade) for this public hearing were completed.
City Manager Esquibel introduced Assistant City Planner Aaron Clark.
Assistant City Planner Aaron Clark reported that this rezoning request is for Kum & Go Store #940. The applicant and owner of the property is Kum & Go L.C. The property is located on the southwest corner of Bridge Street and Kuner Road. The request is to rezone a portion of the property from DT (Downtown) to C-3 (General Retail and Services). Kum & Go recently purchased this property and they operate a gas station and convenience store next door on a property that is zoned C-3. Staff is currently in the process of reviewing a re-plat to take approximately half an acre of Kum and Go’s new property and combine it with their current operations to give them room to expand their parking lot. This is the portion that is proposed to be rezoned to C-3 and the remaining portion will remain zoned Downtown. This request was heard by the Planning Commission and they recommended approval at their meeting on January 27, 2015. Fifteen (15) days public notice is required and a sign was posted on the property, notice was mailed to property owners and notice was published on February 11, 2015. No formal comments have been received by staff regarding this request.
The Comprehensive Plan designates this property as “Town Center” which is primarily commercial with a mix of other uses like residential/civic/other service businesses. Looking at surrounding uses, the Kum & Go lot next door is already zoned C-3, the property across the street to the north is also zoned C-3, there are drive-ins and drive-through businesses to the west and they provide the same context that this zoning would fit. Staff finds that this request does meet the provisions of the Land Use Code and staff recommends approval of this zoning request.
Mayor Pro-Tem Wallin asked if the applicant would like to add anything to the presentation.
Josh Erramouspe, 5285 McWaney Blvd, Loveland. Mr. Erramouspe explained that the need for this rezone is to address parking issues. During peak business hours there are people parking everywhere so this would allow the addition of nineteen (19) parking stalls. In the future if Kum & Go decides to raze and rebuild this facility there will be room for a new footprint, but the immediate plan is to add parking.
Mayor Pro-Tem Wallin asked if anyone in the audience had questions for the applicant, there was none.
Mayor Pro-Tem Wallin asked if anyone in the audience wished to speak on behalf of the request, there was none.
Mayor Pro-Tem Wallin asked if anyone in the audience wished to speak against the request, there was none.
Mayor Pro-Tem Wallin asked if any correspondence had been received, there was none.
Mayor Pro-Tem Wallin asked if there were questions from City Council.
Councilmember Humbert asked about the fast food and drive through that was mentioned on the questionnaire. Mr. Erramouspe explained that the City asked for a concept of what might fit in that space so they came up with a concept of a fast food place with a drive through that would fit in the space.
Mayor Pro-Tem Wallin asked if there would be access from the shopping to the west to Kum & Go. Planner Clark explained that an access drive will be constructed.
Mayor Pro-Tem Wallin closed the public hearing at 7:51 p.m.
Motion by Councilmember Martinez, seconded by Councilmember Humbert, to approve the
Ordinance. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Wallin, Councilmember Baca, Councilmember Bell,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Absent: 1 - Mayor McLean
7. EMERGENCY ORDINANCES
A. AN EMERGENCY ORDINANCE PURSUANT TO SECTION 5.10 OF THE CITY OF
BRIGHTON HOME RULE CHARTER EXTENDING THE TEMPORARY
MORATORIUM ESTABLISHED BY ORDINANCE NO. 2176 FOR AN ADDITIONAL
FOUR (4) MONTHS ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF
ANY APPLICATION FOR A CITY OF BRIGHTON PERMIT OR LICENSE
CONCERNING THE OPERATION OF ANY CYBER CAFÉ, SWEEPSTAKES CAFÉ,
OR INTERNET SWEEPSTAKES CAFÉ, TO JULY 7 2015, AND DIRECTING CITY
STAFF TO MONITOR PROPOSED STATE LEGISLATION TO REGULATE SUCH
BUSINESSES, TO CONTINUE TO INVESTIGATE THE CITY’S AUTHORITY TO
REGULATE SUCH BUSINESSES, AND TO PREPARE REGULATIONS FOR THE
CITY COUNCIL’S CONSIDERATION, AS NEEDED; AND SETTING FORTH
OTHER DETAILS RELATED THERETO
Mayor Pro-Tem Wallin read the title of the Ordinance into the record.
City Manager Esquibel introduced City Manager Intern Murphy Robinson.
City Manager Intern Murphy Robinson explained that this Ordinance addresses the safety and welfare of Brighton citizens regarding cyber cafés. City staff and the City Attorney recommend a four (4) month extension to the moratorium placed on cyber cafés to give Council and staff time to review the outcome of House Bill 15-1047 addressing the prohibition of cyber cafés. The bill has gone before the General Assembly and has passed through all three (3) committees. A vote is expected to happen prior to the end of the four (4) month extension. There has not been a request for application for this kind of business in the City. City Manager Intern Robinson answered questions from Council regarding:
- Any cyber cafés that have opened in the surrounding areas.
Motion by Councilmember Kniss, seconded by Councilmember Baca, to approve Ordinance
2195. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Wallin, Councilmember Baca, Councilmember Bell,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Absent: 1 - Mayor McLean
8. CONSOLIDATED ITEMS FOR SEQUENTIAL REVIEW
A. A RESOLUTION PROVIDING FUNDS FOR A 2015 SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF ONE HUNDRED FIFTY THOUSAND
DOLLARS ($150,000) FOR THE CEMETERY CREMATION SPREADING
GARDENS AND INTERFUND TRANSFER FROM THE CEMETERY PERPETUAL
CARE FUND
Mayor Pro-Tem Wallin read the titles of Items 8A and 8B into the record.
City Manager Esquibel introduced Parks and Recreation Director Gary Wardle.
Parks and Recreation Director Gary Wardle explained that Item 8A is a Resolution to complete a supplemental budget appropriation in the amount of $150,000.00 in the Cemetery Fund for the construction and design of a cremation spreading garden at Elmwood and Fairview Cemeteries. A consultant will be hired to help with the design and the construction will be done through a series of contracts overseen by the Cemetery Manager and also some work will be done by Cemetery staff. A new niche will be purchased, spreading gardens created and other ways to help with cremation burials. The funds are available in the Perpetual Care Fund and staff is requesting that $150,000.00 be transferred from that fund and loaned to the Cemetery Fund. The loan will be repaid through the sale of cremation lots and there will be a 2% repayment on the loan as part of the repayment plan. Each lot sold will have a cremation fee attached to it so the loan will be repaid at 2%. Director Wardle answered questions from Council regarding:
- The loan being paid off prior to the twenty (20) years.
- The Perpetual Care of the cemetery being placed in jeopardy because of this loan.
Motion by Councilmember Kreutzer, seconded by Councilmember Bell, to approve Resolution
2015-22. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Wallin, Councilmember Baca, Councilmember Bell,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Absent: 1 - Mayor McLean
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, APPROVING A LOAN FROM THE CITY OF BRIGHTON CEMETERY
PERPETUAL CARE FUND TO THE CITY OF BRIGHTON CEMETERY FUND, IN
AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS
($150,000.00) TO FUND THE CONSTRUCTION OF CREMATION GARDENS AT
ELMWOOD AND FAIRVIEW CEMETERIES; AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE SUCH DOCUMENTS AS MAY BE REQUIRED TO
CONSUMMATE THE LOAN; SETTING FORTH CERTAIN FINDINGS REGARDING
SAID LOAN; SETTING FORTH THE TERMS OF SAID LOAN; AND SETTING
FORTH OTHER DETAILS RELATED THERETO
Mayor Pro-Tem Wallin asked if there are any comments from the audience at the final reading of this Ordinance, there was none.
Councilmember Humbert explained that there is no “spreading” being done at the cremation spreading garden and recommended that they be called “cremation gardens”.
Motion by Councilmember Humbert, seconded by Councilmember Kreutzer, to amend the Ordinance to read “cremation garden” instead of “cremation spreading garden”. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Wallin, Councilmember Baca, Councilmember Bell,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Absent: 1 - Mayor McLean
Motion by Councilmember Edwards, seconded by Councilmember Martinez, to approve
Ordinance 2196 as amended. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Wallin, Councilmember Baca, Councilmember Bell,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Absent: 1 - Mayor McLean
9. ORDINANCES FOR FINAL CONSIDERATION
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO ADOPTING A NEW ARTICLE 9-38, MARIJUANA CULTIVATION
WITHIN RESIDENTIAL STRUCTURES FOR THE BRIGHTON MUNICIPAL CODE
REGARDING INDOOR CULTIVATION AND PROCESSING OF MARIJUANA BY
INDIVIDUALS; AMENDING SECTION 9-28-20. DEFINITIONS, SECTION 9-28-20,
DRUGS AND PARAPHERNALIA, AND SECTION 9-28-80, PENALTY FOR
POSSESSION; AND SETTING FORTH DETAILS IN RELATION THERETO
Mayor Pro-Tem Wallin read the title of the Ordinance into the record.
City Manager Esquibel explained that this is the final reading of the Ordinance and introduced Long Range and Historic Preservation Planner Aja Tibbs to present the recommended changes since first reading.
Long Range and Historic Preservation Planner Aja Tibbs reported that this is the final reading of the Ordinance that was previously heard at the public hearing on February 3, 2015. City Council approved the Ordinance with one (1) amendment to address where cultivation can occur. There was some discussion to make sure that cultivation was allowed in extra rooms throughout the structure so long as at least one (1) kitchen, one (1) bathroom and one (1) bedroom or rooms that are regularly used are not included for cultivation. A note was added to clarify that any cultivation areas still have to be secured. The rest of the Ordinance remains the same and staff recommends approval of this Ordinance at final reading.
Councilmember Kreutzer expressed his concern that the 50 sq. ft. cultivation area is too restrictive and will be setting someone up to fail.
Motion by Councilmember Kreutzer, seconded by Mayor Pro Tem Wallin, to amend the Ordinance from a cultivation area of 50 sq. ft. to 100 sq. ft. regardless of structure type. The motion failed by the following vote:
Aye: 3 - Mayor Pro Tem Wallin, Councilmember Kreutzer, and Councilmember Martinez
No: 5 - Councilmember Baca, Councilmember Bell, Councilmember Edwards,
Councilmember Humbert, and Councilmember Kniss
Absent: 1 - Mayor McLean
Mayor Pro-Tem Wallin expressed his concern regarding the restriction on types of lighting used in home grow operations and feels the adult residents in the City should be trusted to use the lighting as recommended and not limit their lighting choices.
Councilmember Kniss asked for an explanation of the restrictions on lighting in the Ordinance.
Planner Tibbs reported that staff spoke with the Chief Building Official who initially recommended the lighting restrictions and he explained that it is true that the lighting types currently restricted in the ordinance are not specifically prohibited in residential areas but it is important to note that they are safe as long as they are installed according to their rates and listings for those lights. When these lights are typically installed for this use it creates issues such as significant heat when they are next to each other. These lights are created to be installed row upon row of an industrial area where there are higher ventilation systems and they include OSHA shields to keep them safe and not project UV which is a common issue for these types of lights. There are legitimate concerns about these types of lights being used in a residential setting that does not have the types of ventilation needed to keep the heat levels low and they do not have the shields to protect from UV rays if they crack or break. From the standpoint of a cultivator the more light and heat there is the better the production and this creates more hazards if the lights are not used according to their listings. Other issues that have been brought up is that these lights have a different kind of light and if they are placed in rooms with windows that are visible the lighting will be different and visible to neighbors.
Fire Chief Mark Bodane expressed his concern regarding the way the lights are wired in a residential setting because they may not have the correct circuits in order to wire the more industrial lights.
Councilmember Kreutzer asked if the wording could be changed to allow the lighting if it met the Code. Community Development Director Holly Prather explained that these types of lights are not prohibited in residential settings but they do have to be installed per the rating and the listing and in grow operations if the homeowner concentrates the light and heat they will be violating the listings and will be violating the Building Code. A grow operation could not meet the Code with these types of lights. Councilmember Kreutzer expressed his concern that the City is setting the home grow operator up for failure. Director Prather explained that there are other types of lights that can be used to help with the home grow operation.
Motion by Mayor Pro Tem Wallin, seconded by Councilmember Martinez, to amend the Ordinance by removing Section 9-38-50(e) relating to lighting allowed in home grow operations. The motion failed by the following vote:
Aye: 2 - Mayor Pro Tem Wallin, and Councilmember Kreutzer
No: 6 - Councilmember Baca, Councilmember Bell, Councilmember Edwards,
Councilmember Humbert, Councilmember Kniss, and Councilmember Martinez
Absent: 1 - Mayor McLean
Chief of Police Clint Blackhurst explained how the Police Department will enforce this Ordinance.
Planner Tibbs explained that staff will go through many avenues to educate the citizens of Brighton about the regulations regarding marijuana in the City of Brighton.
Mayor Pro-Tem Wallin asked if there are any comments from the audience at the final reading of this Ordinance, there was none.
Motion by Councilmember Bell, seconded by Councilmember Humbert, to approve Ordinance
2197. Motion passed by the following vote:
Aye: 8 - Mayor Pro Tem Wallin, Councilmember Baca, Councilmember Bell,
Councilmember Edwards, Councilmember Humbert, Councilmember Kniss,
Councilmember Kreutzer, and Councilmember Martinez
Absent: 1 - Mayor McLean
10. RESOLUTIONS
11. UTILITIES BUSINESS ITEMS
12. GENERAL BUSINESS
13. REPORTS
A. By the Mayor.
B. By Department Heads.
Public Information Manager Kristen Chernosky presented the video and explained the Big Little Idea Contest.
Information Technology Director Margaret Brocklander helped City Council test for the City alerts.
Chief of Police Clint Blackhurst informed Council that the traffic signal was out last Friday at Highway 85 and Weld County Road 2 and there were two (2) officers directing traffic. There was a situation with a suspect in a domestic situation and when the officers addressed the suspect one of the officers was struck by the car. The officer suffered only minor injuries and will be back to work soon. The chase was called off to keep citizens safe and avoid further tragedy. Chief Blackhurst is proud of all of the officers involved.
C. By the City Attorney.
D. By the City Manager.
City Manager Esquibel announced that Council will be meeting with Adams County on April 8th at Pinocchios. There will be a meeting with Heather Berry from CDOT in the Study Session room on Thursday, March 12th at 7:30 a.m. The Eagle View Adult Center will have their annual Spaghetti Luncheon Saturday from 11:00 to 2:00. City Manager Esquibel handed out the legislative report.
14. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS
Councilmember Bell expressed his concern and appreciation for the Police Department and the Officer struck by the car last week.
Councilmember Humbert attended the chili cook-off and read to the children at Pennock Elementary.
Councilmember Baca looks forward to the Brighton Sustainable Kickoff which was postponed to April 11th from 10:00 to 1:00 at the Armory.
Mayor Pro-Tem Wallin announced that the E-470 Board meeting was postponed and thanked Councilmember Bell for attending the Youth Commission meeting in his place. Mayor Pro-Tem Wallin attended the 3E’s chili cook-off and was a judge along with Fire Chief Bodane and Deputy Chief Paul Southard. Mayor Pro-Tem Wallin visited the Foundations Academy for Dr. Seuss Day. Mayor Pro Tem Wallin announced that Council met with School District 27J and it is important to find ways to help each other.
Councilmember Martinez attended the chili cook-off and the State of the City address. Councilmember Martinez thanked Kristen for the video, it turned out great. The Relay for Life kickoff is March 9th at the Recreation Center.
Councilmember Edwards reported that the Spaghetti Luncheon at the Eagle View Adult Center is Saturday from 11:00 to 2:00 and take-out is also available.
Councilmember Kreutzer attended the State DECA Conference and Brighton did well, they took first place in the Program Award (Chapter of the Year) and qualified nine (9) students for the National Conference. Councilmember Kreutzer attended the Lodging Tax Advisory Committee meeting. The Alumni Board at Northeastern Junior College voted to recognize Brighton resident Troy Whitmore with the Pathfinder Award. The Streets and Fleet Department have done a great job with snow removal.
Councilmember Kniss attended the Richard Lambert Family Grief Center ribbon cutting and the Legacy Foundation was able to give them a substantial grant this year. The Legacy Foundation has a strong website presence and is creating new policies and bylaws and there are more people interested in being on the Board. The Legacy Foundation is making a difference for many non-profits in the City. Councilmember Kniss serves on the Cultural Arts Commission and is recommending that the City of Brighton do an Excellence in Arts Award so there is a sub-committee working on this and hopefully the award will be presented this fall. Councilmember Kniss thanked Dodge Sign Company for the message on the homebuilder wayfinding signs showing support for the School District. Councilmember Kniss attended the Eye for Art artist reception and it was a great event.
15. EXECUTIVE SESSION
16. ADJOURNMENT
CITY OF BRIGHTON, COLORADO
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Kirby Wallin, Mayor Pro-Tem
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Natalie Hoel, City Clerk
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Approval Date