BRIGHTON — Brighton City Council on Tuesday night delayed action on a proposed ordinance updating the city’s nearly 10-year-old oil and gas regulations.
The 8-1 vote to continue the first reading of the ordnance until March 17 came after representatives from the oil and gas industry, the Brighton Chamber of Commerce and some citizens urged them take some more time with drafting regulations.
City staff has been in discussion with industry organizations including the Colorado Oil and Gas Commission and the Colorado Petroleum Association since 2012, trying to draft updated regulations for hydraulic fracturing operations within the city, which has been untouched by oil and gas development.
The city brought in Matt Sura during these negotiations as a special counsel for devising regulations that attempt to strike a balance between the interests of well operators — who would be given the ability to apply for drill permits in any zone within the city under the draft ordinance — and the quality of life for residents.
The city has searched for regulations that go beyond state standards because the city council “has a responsibility to protect public health, safety and welfare,” Sura said.
” There is a need to try to prevent residential areas from becoming de facto industrial areas, ” said Sura, former director of the envornmental group Western Colorado Congress.
So, the city has spent months drafting an ordinance that includes setbacks — well operators should be 1,000 feet away from the closest corner of the closest building unit, high occupancy building unit or any of the city’s public water supply wells — noise limit requirements, cleanup and contamination control.
Additionally, staff included ways for the city to be involved in the drilling process from start to finish, including allowing its own inspectors to check out the well pad sites at least once a year.
The city says its basic strategy is to give well operators a choice in their application process.
Sura and Holly Prather, community development director with the city, presented two options for well operators: either go through the standard conditional use application process, which includes a public hearing and can take up to 120 days to complete, or sign a voluntary Memorandum of Understanding and the process could be finished in about 38 days.
The memorandum was not part of the vote scheduled for Tuesday. The decision to formalize that alternate application option will come from the city manager, Manuel Esquibel by mid-March.
Sarah Landry, director of operations and programs for the Colorado Oil & Gas Association said her organization is not completely satisfied with the ordinance, or the application options.
She said she supports what Brighton is trying to do, but that the stringent suggestions for additional regulations could hurt well operators and hold up oil and gas business in the city.
She presented a letter to council denoting all of the problems COGA has with the ordnance, and suggested procedures for finding a more common ground.
At the end of the meeting, some council members were exasperated with the three-hour agenda item.
“I will not jeopardize the health and safety of our citizens,” said council member Rex Bell. “Our staff has worked diligently with (oil and gas industry representatives) to bring about a compromise. We have talked about this for a long time and I’m fed up with it.”
“We have to decide,” said council member J.W. Edwards “I’m willing to give it more time to so that if that’s what it takes.”
Megan Mitchell: 303-954-2650, mmitchell@denverpost.com or twitter.com/Mmitchelldp
