A G E N D A. Delta City Council September 19, E. Public Hearing: The Center for Mental Health, Community Development Block Grant

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1 Council may take formal action on any item appearing on this Agenda. However, formal action WILL NOT be taken at this meeting on any item of business first identified during the course of the meeting as a change to the Agenda, other business, or Citizen, Councilmember and Staff Comments. A G E N D A Delta City Council September 19, 2017 Regular Meeting 7:00 p.m. A. Pledge of Allegiance B. Changes to the Agenda C. Minutes D. Citizen Comments E. Public Hearing: The Center for Mental Health, Community Development Block Grant F. Consideration to Approve the Preliminary Plat The Shoppes Pad 6 G. Recommendation from Planning Commission Regarding Construction Work Hours H. City Attorney Comments I. City Manager Comments J. Councilmember Comments

2 Item A: Pledge of Allegiance

3 Item B: Changes to the Agenda

4 Regular Meeting Delta City Council September 5, 2017 Mayor Ed Sisson called the meeting to order at 7:00 p.m. Also present were Councilmembers Bill Raley, Ron Austin, Christopher Ryan and Gerald Roberts, along with City Manager David Torgler. A meeting notice was posted in the south window at City Hall at least twenty-four hours prior to the meeting. Pledge of Allegiance The Mayor led everyone present in the Pledge of Allegiance. Changes to the Agenda The Clerk stated that the Public Hearing for Ken s Pit Stop can be removed. Minutes It was moved by Councilmember Roberts and seconded by Councilmember Austin to approve the minutes of the August 15, 2017 regular City Council meeting, as submitted by the Clerk. All in favor, motion carried. Citizen Comments The following individuals presented information regarding concerns and complaints regarding the city s Building Inspector Dan Reardon: Lonnie Shenold, Road, Delta. Mark Stephenson, Hwy 65, Eckert. Tammy Murray, owner of 12 properties within the Delta. Chris Volgamore, Road, Delta. Don Leon, Surface Creek Road, Austin. Randy Sukle, Road, Delta. Jim Sukle, Road, Delta. Ken Volgamore, Fruitgrowers Road, Austin. Jim Carr, 1515 Bluff Street, Delta. Steve Herrera, 524 Crawford Avenue, Delta. Paul Hershberger, F Road, Delta. Public Hearing: Sales and Use Tax License; Amigos Mexican Store The Mayor stated that the Finance Director Tod DeZeeuw requested that this item be tabled until the next meeting. He would like the opportunity to continue to work with the owners of Amigos Mexican Store. It was moved by Councilmember Austin and seconded by Councilmember Ryan to table the Amigos Mexican Store Sales and Use Tax License hearing until the next meeting. All in favor, motion carried.

5 Regular Meeting, Delta City Council, September 5, 2017 (cont.) Appointment to the Project 7 Board City Manager David Torgler stated that Councilmember Roberts requested this item to be on the agenda for consideration to appoint himself as the Project 7 Board delegate for the City of Delta. Mayor Sisson explained that appointments are typically done after the council election in April. He also explained that Councilmember Roberts is the alternate and that he is representing the City as we do not have a Public Works Director hired yet. Councilmember Roberts stated that this is a very important appointment and he believes it is beneficial to have an elected official appointed to the Project 7 Board. He explained that the majority of the board is represented by elected officials. It was moved by Councilmember Riley and seconded by Councilmember Austin to appoint Gerald Roberts to the Project 7 Board as the delegate until April of All in favor, motion carried. Councilmember Roberts also stated that the Colorado Municipal League (CML) has requested confirmation of the appointee for the policy committee. Manager Torgler reported that CML is only requesting information if the appointment has changed and the City is still represented by Mayor Ed Sisson at this time. City Attorney Comments There were one. City Manager Comments City Manager David Torgler reported on the power outage Saturday night. It was with the Garnet Mesa Substation and staff was unable to determine the cause. He also reported on the upcoming chip seal that will be done on H Road and Crawford Ave. Commander Jesse Cox updated Council on the events that occurred requiring the schools to go into shelter in place. The suspect is now in custody. He also stated that the police department, with the assistance of Marijuana Enforcement, did several inspections throughout the city regarding marijuana home grows. The police department will continue to work with the marijuana grow individuals to come into compliance. He explained that most of the violations were for securing the plants. Councilmember Comments Councilmember Austin stated that he has been talking with a number of business owners, landowners and more concerning perceived problems and how the council was responding to those problems. He encouraged the business owners to come to a meeting to voice their concerns. He is concerned that these kinds of issues are extremely detrimental to the growth in Delta. People have been concerned about coming forward in fear of retribution. He believes that the Council and staff need to take a serious look and listen to these individuals to fix the

6 Regular Meeting, Delta City Council, September 5, 2017 (cont.) Councilmember Comments (cont.) problem. It s important that we are open for businesses to come and we are receptive to their needs. Councilmember Ryan thanked Glen Black for looking into the comments that were made this evening. He also thanked the individuals for coming tonight to express their concerns. He commented on the efforts Wilma Erven and her staff continue to do. Mayor Sisson also commented on the individuals that came this evening. He stated he did not have any problems with Dan Reardon when he was working on his home. The meeting was adjourned at 8:11 p.m. Jolene E. Nelson, CMC, City Clerk

7 Item D: Citizen Comments

8 To: Mayor and City Council From: Jolene Nelson, City Clerk Date: September 19, 2017 Subject: Public Hearing; CDBG Grant MEMO Office of the City Clerk Recommendation: Staff recommends holding the public hearing to be in compliance with the City s grant agreement with the Department of Local Affairs. Background: This grant is a pass through grant for the Center for Mental Health remodel. The grant specifies that a public hearing during the course of the project to get input on its performance from citizens. Any comments that are made during the public hearing shall be forwarded to DOLA. Action to be Taken: The hearing will be held tonight and any comments received will be forwarded to DOLA.

9 MEMO To: City Council From: Glen L. Black Date: September 19, 2017 Subject: Shoppes at Delta PUD Outlot B Pad 6 Preliminary Plat Community Development Recommendation: Planning Commission is recommending approval of Preliminary Plat revision of outlot B, pad 6 Shoppes at Delta PUD with staff conditions. Background: The Planning Commission reviewed the Preliminary Plat at their meeting on September 11, Staff had recommended approval with conditions shown on the attached Staff Report. Cost: Appropriate application fees have been paid. Alignment With Strategic Planning: The City of Delta Comprehensive Plan states: The City of Delta should encourage commercial growth along the highway corridor to the east. Policy 7, page Meets allowed uses in B-2 Zone District. Actions To Be Taken if Approved: Staff will follow through with developer for construction of required improvements and application for final plat.

10 360 Main St Delta, CO Community Development Phone (970) Fax (970) Shoppes at Delta PUD Revision Outlot B Pad 6 Preliminary Plat Staff Report Date: 09/11/2017 Owner: Delta Investments LLC Representative: Marc Mauer, Genesis Designs Location: 200 Stafford Lane Parcel #: Zone District: B-2 Property Size: acres Request The applicant is requesting that City Council approve the Shoppes at Delta PUD Revision of Outlot B Pad 6. The project proposes to revise the PUD plan accommodate two drive-up businesses which reconfigures pad 6 as approved previously. The Planning Commission reviewed and approved the sketch plan on July 10, The property is currently zoned B-2 which is intended for a large variety of uses to conveniently serve customers. Required Improvements, Dedications, and Minimum Design Standards The following requirements for subdivision have been met: 1. Application, deed, fees and plat have been received 2. Conforms with the Comprehensive Plan and zoning regulations 3. Plat includes the vicinity map, boundaries, name of the subdivision, drawings of the lot and dimensions, total acreage, existing zoning, proposed easements, drainage, existing utilities. 4. There are a couple of corrections required on the preliminary plat that can be addressed at final plat: plat note 5 can be deleted; Lot 1 Chazco Sub can be deleted and a signature line needs to be added for the owner of the property. 5. Pg does not show grease interceptors typically there should be two one for each proposed restaurant. 6. All electric lines need to meet NESC standards and be 36 below grade or protected by 4 of concrete specifically located in Tract D. 7. The traffic study is to be accepted by CDOT and the City prior to beginning construction. 8. The developer shall comply with CDOT requirements. Such requirements shall be completed before a final plat is recorded. 9. The traffic study will determine at what level the developer will be required to participate in the cost share of a traffic signal at the intersection of Hwy 92 and Crawford Ave or Henry Street. 10. Three sets of revised and stamped construction drawings are to be submitted to and accepted by City Staff prior to beginning construction. 11. Preliminary plat approval shall expire if no final plat has been submitted within two (2) years after approval of the preliminary plat or partial final plat filing without submitting a preliminary plat for approval. In all cases, no final plat shall be approved if submitted beyond ten (10) years of approval of a related preliminary plat. Staff Recommendations Staff review has found the plat to substantially comply with the requirements of (E) Staff recommends approval of the Shoppes at Delta PUD Revision Outlot B Pad 6 with the following conditions: 1. There are a couple of corrections required on the preliminary plat that can be addressed at final plat: plat note 5 can be deleted; Lot 1 Chazco Sub can be deleted and a signature line needs to be added for the owner of the property. 2. Pg does not show grease interceptors typically there should be two one for each proposed restaurant; this can be addressed at Building Permit. 1

11 360 Main St Delta, CO Community Development Phone (970) Fax (970) All electric lines need to meet NESC standards and be 36 below grade or protected by 4 of concrete specifically located in Tract D. 4. The traffic study is to be accepted by CDOT and the City prior to beginning construction. 5. The developer shall comply with CDOT requirements. Such requirements shall be completed before a final plat is recorded. 6. The traffic study will determine at what level the developer will be required to participate in the cost share of a traffic signal at the intersection of Hwy 92 and Crawford Ave or Henry Street. 7. A pre-construction meeting with the developer and affected utility companies shall be held at City Hall and three sets of revised and stamped construction drawings are to be submitted to and accepted by City Staff prior to beginning construction. Example Motion I move that Planning Commission recommend approval/denial of the Shoppes at Delta PUD Revision Outlot B Pad 6 to the City Council upon the following conditions: 1. Staff recommendations as outlined in this report. 2. Planning Commission recommendations (if any). 2

12 360 Main St Delta, CO Community Development Phone (970) Fax (970) Aerial Photo 3

13 360 Main St Delta, CO Community Development Phone (970) Fax (970)

14 MEMO To: City Council From: Glen L. Black Date: September 19, 2017 Subject: Construction Hours of Operation Community Development Recommendation: Planning Commission is recommending no action on Construction Hours of Operation. Background: The Planning Commission reviewed this directive at their meeting on September 11, There were no communities near the City of Delta that impose construction hours of operation from staff research of various websites. Delta County does impose construction hours of operation on a case by case basis for gravel pits. Other concerns of the Planning Commission were enforcement of new regulations and keeping regulations to a minimum in order to be developer friendly. Cost: None. Alignment With Strategic Planning: Not specifically discussed in the strategic plan. Actions To Be Taken if Approved: None.

15 Items: H, I & J Attorney Comments City Manager Comments Councilmember Comments