NORTHGLENN 12.20.12
Northglenn Thornton
Sentinel
December 20, 2012
50 cents
A Colorado Community Media Publication
ournorthglennnews.com, ourthorntonnews.com
Adams County, Colorado • Volume 49, Issue 19
Northglenn sends stiff message to Xcel Energy New city law may thwart impending removal of light pole decorations By Darin Moriki
dmoriki@ourcoloradonews.com Xcel Energy may have to think about plans to remove city-owned banners or decorations from light poles in Northglenn. The City Council approved an ordinance during its Dec. 17 public meeting that allows the city to use any facilities in the city’s right-of-way, including Xcel-owned, citymaintained light poles. The vote was 8-1, with Ward 1 Councilman Wayne Dodge opposed. The ordinance also makes it illegal for a public-utility company or its employees to remove municipal decorations or signs without city approval.
Northglenn City Attorney Corey Hoffmann said the ordinance expands on an existing one that allows the city to use trenches in public right-of-ways. The move stems from a May 8 letter to City Manager Bill Simmons in which Xcel Energy community relations director Robert Osborn said the city must remove all banners, flags, decorations and other attachments by Dec. 31. In a letter sent by Osborn on Dec. 1 to council members, Osborn wrote, “the decision was to assure the use of our poles by municipalities does not create a safety hazard through the installation of materials that might compromise the poles’ integrity.”
Osborn said Northglenn, along with other cities serviced by Xcel, must adhere to the Dec. 31 deadline, and said any attachments not removed by Jan. 31, 2013, will be removed by the company at the city’s expense. To address concerns from several cities, Osborn said the company established a focus group in October with the Colorado Municipal League’s Metro City and County Managers Association. He said the group is currently working on a statewide process for limited-use options allowing for the use of certain non-police-related attachments on some company street light poles. Osborn also requested the city send a list of the facilities being used, so it can be reviewed by pole manufacturers to determine “if they are capable of accommodating certain types and sizes of attachments.” “As a company, which greatly values the relationships we have with the towns and cities we serve, we understand and appreci-
ate your concerns on this matter,” Osborn wrote. “We believe working together can lead to options that will both allow you the freedom to establish your community’s special local sense of place and provide us with the assurance we are maintaining our focus on safety.” Hoffman said the long-term solutions discussed by the group seem to complement the one addressed by the city ordinance. “If these facilities are on a light pole or not safe, there is a mechanism in the ordinance for addressing that,” Hoffmann said. “I think the idea is that everyone is looking to use the facilities in a way that is complementary to Xcel’s purpose and, most of all, safe.” Osborn said Xcel will continue working with cities to plan a use process, which may in place by the late first quarter of next year.
City cautious as 64 rolls out Thornton officials have initial talks about marijuana law impacts By Darin Moriki
dmoriki@ourcoloradonews.com
Thornton Police Department Officer Matt Barnes, left, and his daughter Kendall, right, unload a large donation from Rocky Top Middle School to benefit the police department’s annual KYGO Christmas Crusade for Children outreach effort. Since the program’s inception 23 years ago, Barnes estimates the police department has helped over 3,686 Thornton families representing 9,986 children.
KRINGLE CRUSADERS PHOTOS BY DARIN MORIKI Thornton Police Department Officer Matt Barnes, left, and Detective Gregg Beary unload a large donation from Rocky Top Middle School to benefit the police department’s annual KYGO Christmas Crusade for Children outreach effort. In all, Barnes said this year’s effort will benefit about 300 to 400 needy children, who were personally nominated to receive the donated gifts by Thornton Police Department officers. POSTAL ADDRESS
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Thornton may not be open to new marijuana businesses, for now. The City Council began initial discussions Dec. 11 on temporarily prohibiting the establishment of marijuana businesses within the city limits by amending land-use ordinances. The issue was raised during a planning session one day after Gov. John Hickenlooper signed Amendment 64 into law, officially legalizing the growth, transport and sale of marijuana for recreational use; permitting anyone 21 years old or older to possess and consume up to 1 ounce of marijuana; and allowing for the operation of marijuana retail stores, manufacturing facilities and testing facilities statewide. The passage of the constitutional amendment may force the city to amend some of its criminal codes to permit the recreational use of marijuana, but city officials are still uneasy about the many unanswered questions posited by the new marijuana laws. At issue for many city officials, who must decide on whether to permit marijuana businesses within the city limits, is where the federal government stands on Amendment 64. Current federal laws do not recognize the medical use of marijuana, which is classified as a Schedule I controlled substance under the Controlled Substances Act, according to the Office of National Drug Control Policy’s website. As of press time, U.S. Attorney General Eric Holder had not provided a response to a request from Gov. John Hickenlooper and Colorado State Attorney General John Suthers on the matter. “If they wait that long, we may have already made decisions about what we want to do,” Councilwoman Lynne Fox said. “I’m concerned about that because it can come
back to us later on and everything can be overturned, and by then businesses would have invested money into their business and we would have invested all of this time and effort into regulations. I want to see what we can do to postpone that kind of pain.” City Manager Jack Ethredge said enforcing the new marijuana laws places police department officials and officers in a unique quandary because the state and federal laws they are sworn to uphold now conflict with each other. Thornton Police Chief Randy Nelson agreed and said the new laws may make it increasingly difficult to establish probable cause for police searches. “Honestly, every law-enforcement official is in a real bind,” Nelson said. “You can’t leave a law enforcement body in a quandary. There are so many unanswered questions from the law-enforcement perspective of probable cause, and it will have a significant impact on our community.” Mayor Heidi Williams said she favors of a temporary prohibition measure to see how everything plays out. “We certainly don’t want our employees or elected officials to get in big trouble over this,” Williams said. “The responsible thing for us to do is to wait and put a prohibition in, which means that when the state gets their act together, we can figure out at that time what to do.” City Attorney Margaret Emerich said city staff will present two ordinances for the City Council to consider in January. One ordinance will amend create a land-use provision to temporarily prohibit marijuana retailers, manufacturers and testing facilities within the city limits; while the other would amend the city’s criminal code to decriminalize an ounce or less of marijuana for anyone 21 years old or older and allow the growth of no more than six plants.