BOARD OF TRUSTEES May 22, 2018 LEEPER CENTER 3800 WILSON AVE. REGULAR MEETING 7:30 PM

Transcription

1 TOWN OF WELLINGTON 3735 CLEVELAND AVENUE P.O. BOX 127 WELLINGTON, CO TOWN HALL (970) FAX (970) BOARD OF TRUSTEES LEEPER CENTER 3800 WILSON AVE. REGULAR MEETING 7:30 PM AGENDA CALL TO ORDER - PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS TO OR DELETIONS FROM THE AGENDA CONFLICTS OF INTEREST PUBLIC TO BE HEARD ON NON-AGENDA ITEMS (time limit of 3 minutes per item) 1. CORRESPONDENCE AND MINUTES FROM COMMITTEES AND BOARDS a. Planning Commission Minutes for April 2, 2018 b. Municipal Court Report for May 2, 2018 c. Larimer County Sheriff's Office Report for April d. Main Street Program Report for May 2. CONSENT AGENDA a. Board of Trustee Minutes for May 8, 2018 b. Resolution Street Closure for 4 th of July c. Resolution Appointment and Confirming Appointment to Boxelder Basin Stormwater Authority d. Resolution Temporary use of Centennial Park for Brewfest and Beer Garden 3. LIQUOR LICENSE REVIEW BOARD a. Special Event Permit for Brewfest and Beer Garden b. Renewal Wellington Grill 4. NEW BUSINESS a. Ordinance Modifying Membership of the Community Activities Commission b. Reconsideration of Resolution Appointing Parks Advisory Board and CAC Members c. Ordinance Final Plat Meridian Trust d. Ordinance Conditional Use Child Care at 6900 Loudon e. Ordinance Conditional Use Child Care at 7078 McClellan f. Resolution Appointing Planning Commission Member. g. Resolution Simon Construction Extension h. Bills for Approval 5. REPORTS a. Town Attorney Update b. Town Engineer Update c. Town Administrator Update d. Trustee Update 6. Executive Session - Personnel ADJOURN

2 BOARD OF TRUSTEES REGULAR BOARD MEETING The was called to order at 7:30 p.m. at the Leeper Center 3800 Wilson Ave, Wellington CO. TRUSTEES PRESENT: TRUSTEES ABSENT: PRESIDING: ALSO, PRESENT: MATT MICHEL, JOHN JEROME, TIM WHITEHOUSE, JOHN EVANS, and TROY HAMMAN WYATT KNUTSON and DANIEL SATTLER TROY HAMMAN, MAYOR ED CANNON, TOWN ADMINISTRATOR CYNTHIA SULLIVAN, DEPUTY CLERK CODY BIRD, TOWN PLANNER KEITH WILSON, FINANCE DIRECTOR BRAD MARCH, TOWN ATTORNEY MARK OBERSCHMIDT, TOWN ENGINEER Additions to or deletions from the agenda Trustee Jerome asked that item 2c be taken off the Consent Agenda for further discussion. This was removed and added under new business as item 4i. Conflicts of Interest None Public to be heard on non-agenda items. Angie Billington, of 6900 Loudon, said that she was on the agenda, but needed to leave early. She said that local daycare providers will be working with Mr. Bird, Mr. Dykstra and Chief Green on workable solutions to the situation regarding in-home daycare. Cristie Hendrickx representing the Knolls HOA thought they would be on this agenda. Mr. March explained that they could have been on the agenda if he had received additional information from their attorney. Mr. March gave background on an issued dealing with The Knolls HOA and their request to make changes to their covenants. There still needs to be certification that all the punch list items were complete. Mr. March suggested a meeting between the HOA and the town staff. Mr. Cannon said that most of the issues are with the irrigation system. 1. Correspondence and Minutes from Committees and Boards a. Planning Commission Minutes for April 2, 2018 b. Municipal Court Report for May 2, 2018 c. Larimer County Sheriff s Office Report for April d. Main street Program Report for May 2. CONSENT AGENDA a. Board of Trustee Minutes for May 8, b. Resolution Street Closure for 4 th of July c. Resolution Appointing and Confirming Appointment to Boxelder Basin Stormwater Authority (moved to item 4i) d. Resolution Temporary use of Centennial Park for Brewfest and Beer Garden

3 Page 2 TRUSTEE MICHAEL MOVED AND TRUSTEE EVANS SECONDED to approve the Consent Agenda except item c. Roll call was taken and the motion passed unanimously. Mayor Hamman closed the Regular Meeting and opened the Liquor License Review Board at 7:51pm. Roll call was taken and all members were present except Trustees Knutson and Sattler. 3. LIQUOR LICENSE REVIEW BOARD a. Special Event Permit for Brewfest and Beer Garden Annie Lindgren, Main Streets Project Director, presented the requests for the Brewfest and the second for the Summer Concert Series. TRUSTEE JEROME MOVED AND TRUSTEE MICHEL SECONDED to approve the Special event permits for Brewfest and Summer Concert Series. Roll call was taken and the motion passed unanimously. b. Renewal Wellington Grill Jon Comes, owner was in attendance. TRUSTEE JEROME MOVED AND TRUSTEE WHITEHOUSE SECONDED to approve the Liquor License Renewal for Wellington Grill. Roll call was taken and the motion passed unanimously. Mayor Hamman closed the Liquor License Review Board and reopened Regular Meeting the at 7:55pm. Roll call was taken and all members were present except Trustees Knutson and Sattler. 4. NEW BUSINESS a. Ordinance Modifying Membership of the Community Activities Commission Mr. Cannon said this ordinance allows the Commission to have between 5 and 7 voting members. TRUSTEE WHITEHOUSE MOVED AND TRUSTEE EVANS SECONDED to approve Ordinance Modifying Membership of the Community Activities Commission. Roll call was taken and the motion passed unanimously. b. Reconsideration of Resolution Appointing Parks Advisory Board and CAC members. Mr. March suggested that they set the term for Sean Royer as 2019 to allow for the staggering of the terms. TRUSTEE EVANS MOVED AND TRUSTEE MICHEL SECONDED to approve Resolution appointing Parks Advisory Board and CAC members with the modifications of John Evans to the Parks Advisory Board in the place of Matt Michael and Sean Royer to the Community Action Commission for a term ending in Roll call was taken and the motion passed unanimously. c. Ordinance Final Plat Meridian Trust Mr. Bird said this item has been reviewed by the Planning Commission and recommended for approval. He said that as a public hearing, staff would give information, the applicant can present, and then the Board would open comments to the public. He mentioned the three components of a development, which are the plat document, an ordinance approving the plat and the development agreement, that must be

4 Page 3 approved and recorded. He explained where the development was and mentioned the site for The Meridian Credit Union. Trustee Whitehouse asked if the sidewalk on the south side would just stop at the west end of the project or will it connect to something. Mr. Bird said it would stop at the west end by the detention pond until future development to the west. That would not be the responsibility of this applicant. Tim Naylor, Agprofessional representing owner, gave an overview of the project and showed the Board the site plan of lots 8 and 9 for Meridian Credit Union. He said that the sidewalk on the south would have connectivity though this development. He showed what the building will look like. Mayor Hamman opened the hearing for public comment. Wendell Nelson, Chamber of Commerce, welcomed this project to the community. Kim Witters, applicant, thanked the town for the opportunity to develop in the community. No additional public comment hearing was closed. TRUSTEE JEROME MOVED AND TRUSTEE WHITEHOUSE SECONDED to approve Ordinance Final Plat for Meridian First Subdivision. Roll call was taken and the motion passed unanimously. d. Ordinance Conditional Use Child Care at 6900 Loudon Mr. Bird explained that the next two items are similar in request, but are separate in action and will need separate public hearings. He explained that these are existing in-home daycares that have reached their capacity and would like to increase the number of children that they care. The town code requires a conditional use if the number of children exceeds 6. It went to the Planning Commission and they approved the zoning conditions for these items. There was a question regarding the building code sprinkler requirements if there are over 5 non-related persons in the home. He gave a background on how the town adopts codes such as the building and fire code. The town can amend the code for local uses. The Planning Commission approved the Conditional Uses with the condition that the building and fire issues be resolved for this meeting. He met with the Building Representative (Kelly Dykstra) and the Fire Chief (Gary Green) and found that it was a more complicated issue. Mr. Bird reached out to other municipalities and found that this was being discussed at the State Level. Staff recommends to table both items until June 26 th. He said the Board still needs to open both items for public comment. There was discussion about how this would impact not only large daycares, but any in-home daycares. Mr. Dykstra said the building code allows five or less persons in care. He gave the history on the in-home sprinkler systems. Mr. March explained that amendments could be made to the code, but it would also have to be approved by the other entities. Trustee Jerome asked what other communities are doing. Mr. Bird said they are maintaining the status quo until the State changes the legislation. Mr. Dykstra said he would like to meet with the applicants. He felt something should be in place before any more in-home daycares are allowed. He said that under the current codes with the amendments that 5 persons other than the occupants of the home would be allowed. Trustee Whitehouse asked what the liability to the town would be if it approved amendments. Mr. March said the Board could approve the zoning use, but it would still not be compliant with the building or fire code. Mayor Hamman opened the hearing for public comment. Rebekka Kinney, 4492 Emerald Bay, wanted to clarify if the 5 persons don t included residents of the house hold then daycare providers that care for their own children and would not count against the 5, but do count against the maximum 6 regulated by the State.

5 Page 4 Chief Green, of the fire district, stated building code regulations are for when the building was built and if there are modifications. The fire code was a maintenance code. His concern was not the sprinkler, but direct exit from the level where the business takes place. If the daycare was run in the basement it would need an approved exit other than a window wells to be in conformance with the code. He would also like to have a meeting with the daycare providers and to find a resolution that works. Mayor Hamman closed the public hearing. Mr. Bird suggested that these items be tabled until June 26 th to allow for staff to get more information. He mentioned that both applicants have received waivers from the state to allow them to run large daycares for a given amount of time. TRUSTEE WHITEHOUSE MOVED AND TRUSTEE EVANS SECONDED to continue the public hearing for Conditional Use Child Care at 6900 Loudon until the June 26 th Board of Trustees meeting. Roll call was taken and the motion passed unanimously. e. Ordinance Conditional Use Child Care at 7078 McClellan Mayor Hamman opened the public hearing. Kirsten Normington-Mellin, applicant, said her confusion was whether this would be considered under residential or commercial. She said the State has approved her application. Mayor Hamman closed the public hearing. Mr. Bird said we are interested in creating a workable solution. This will take the input of all the in-home daycare providers and the regulating entities. He commented on his meeting with Safebuilt and the Fire Department. He said the County said they would be willing to meet. TRUSTEE WHITEHOUSE MOVED AND TRUSTEE MICHEL SECONDED to continue the public hearing for Conditional Use Child Care at 7078 McClellan until the June 26 th Board of Trustees meeting. Roll call was taken and the motion passed unanimously. Mayor Hamman recessed the meeting at 8:52pm. The Board of Trustees reconvened at 8:57pm. f. Resolution Appointing Planning Commission Member This was to fill the position vacated by Eric Keselburg. Rebekka Kinney said she is excited to serve on the commission and to make sure that new growth was in compliance with the zoning code. She wants to help guide the growth. TRUSTEE EVANS MOVED AND TRUSTEE JEROME SECONDED to approve Resolution approving appointment of Rebekka Kinney to the Planning Commission. Roll call was taken and the motion passed unanimously. g. Resolution Simon Construction Extension Mr. Bird explained the concrete plant s temporary use was approved in January of 2016 and has received two previous extensions. They are requesting the extension until May 31, 2019 because of timing issues with their lease. Staff recommends approval of the extension.

6 Page 5 Derrek Schueder, representing applicant, said they have built a customer base in Wellington and are getting a permanent location in Severance, but they have not started construction. Trustee Michel commented that they have done a good job of keeping dust down on the property. His concern was that there have been more cement delivery trucks traveling on 6 th street to Cleveland and the conditions were that they used the Owl Canyon interchange. Mr. Schueder said they have some new drivers that may not be aware of that restriction. He said they have a morning safety meeting and will make sure they are using the correct route. Mayor Hamman asked that they clean up the lot when the move. Mr. Schueder said they will remove all the concrete and return it to its original state. TRUSTEE MICHEL MOVED AND TRUSTEE EVANS SECONDED to approve resolution extension of temporary Conditional use for concrete batch plant and off-site concrete deliveries. Roll call was taken and the motion passed unanimously. h. Bills for Approval Mayor Hamman said this Affordable Sealing & Striping did a great job. He suggested trying to get them for future projects. TRUSTEE MICHEL MOVED AND TRUSTEE WHITEHOUSE SECONDED to approve Bills for Approval in the amount of $37, Roll call was taken and the motion passed unanimously. i. Resolution Appointment and Confirming Appointment to Boxelder Basin Stormwater Authority. Trustee Jerome felt this item was not presented in a way that there could be discussion. TRUSTEE JEROME MOVED to table Resolution until next meeting. No second. Motion dies. Trustee Evans asked if this would come back in the same form or are we considering another process. Mr. Cannon said you can have a discussion about the process. Mayor Hamman thought the intent was to have the position open so anyone interested could apply. Mr. March gave the options on how to deal with this item. Trustee Michel gave some background on the Authority and Mr. Cannon s working relationship with the other entities of the Boxelder Basin Stormwater Authority. He strongly suggested appointing Mr. Cannon because of his experience dealing with the issues over the last year. Trustee Whitehouse asked what the role was for this position. Mr. Cannon explained that this position would be a Board Member of the Boxelder Basin Stormwater Authority and would represent the Town of Wellington in decision making and managing the Stormwater Authority projects. He said in the past year he has been working with the entities on how to end the Authority and sets up limits that each entity was responsible. Whoever was appointed to the opening needs to have knowledge of the limits and what the Authority does. He mentioned that there will be a policy committee that will audit the Authority annually and Mr. Wilson will be on that committee. Trustee Whitehouse asked if they are independent or are they accountable to the Board of Trustees. Mr. Cannon said they are a separate government and any kind of debt has to be approved unanimously by the Authority. If there are any changes to the Intergovernmental Agreement (IGA) it has to be approved

7 Page 6 unanimously by the three entities. The town s approval would be from the Board of Trustees. Mr. Cannon said part of our problem has been issues with our representation. Trustee Jerome said Mr. Cannon had a lot on his plate and thought maybe someone else might be interested in serving. He did not mean that Mr. Cannon was not qualified, but if this could be done by another then that would free up some of his time. Trustee Whitehouse felt any applicants need to be qualified. Trustee Jerome said it was an important group and should be looked at the same as was done for the Planning Commission. Trustee Evans said that his concern was that we might not have a resident that has the knowledge base for this type of position. He said with the planning commission you can have individuals with broader knowledge base. Mayor Hamman felt that Mr. Cannon has more knowledge than anyone who might apply and he would back that appointment. Kathy Wydallis, 3405 Revere Ct. West, agreed with Trustee Jerome about having more than one candidate. She mentioned that both Travis Harless and Tim Singewald worked on this project and have some knowledge regarding the IGA. Wendell Nelson, Wellington Chamber of Commerce, agreed that most committees should have opportunities for the general public, but this particular committee needs someone who has specific knowledge regarding Stormwater, IGA s and be able to work with other entities. But most important was to represent the Town. Mr. March said that the Boxelder Basin Stormwater Authority was an independent entity unlike the town s boards and commissions. The intent was to have professionals representing each entity and the joint position being a citizen. He said that Mr. Lorentzen was the first town representative to the Authority for Wellington. Mr. Cannon listed some of the other representatives and their relationship to their entities. TRUSTEE JEROME MOVED to table to hear from the Board members not present. No second. Motion dies. TRUSTEE MICHAEL MOVED to approve Resolution appointing Ed Cannon to the Boxelder Basin Stormwater Authority. No second. Motion dies. TRUSTEE WHITEHOUSE MOVED AND TRUSTEE JEROME SECONDED to table until June 12, 2018 to allow for applications. Roll call was taken and the motion passed unanimously. 5. Staff Reports a. Town Attorney Update None b. Town Engineer Update (Mark Oberschmidt, Stantec) Concrete work has been completed and passed the 7-day tests. The asphalt patching has started, milling and paving will start next week. Meeting with Mr. Bird, Mr. Gowing, Sage Meadows and Burlington Northern Rail Road regarding the crossing improvement on GW Bush. To complete the crossing there needs to be an easement on the south west side of the railroad tracks.

8 Page 7 c. Town Administrator Update Kickoff meeting tomorrow with Clear Water Solutions for a water efficiency plan. Attended a meeting with CSU and The Mayor of Fort Collins about a recognition of public servants at a football game. Trustee Whitehouse asked about the meeting about the landfill. Mr. Cannon met with the County Manager about the regulations on where a landfill can be located and how it could affect the town. d. Trustee Update Trustee Whitehouse asked how the CDOT intersection has been working. Trustee Jerome said the sensor was not picking up traffic stopped at the far left on the northbound off ramp. Sargent Rairdon shared some issues occurring at intersection. Mr. Cannon said CDOT knows about the issues, but does not want to adjust the signals until the third set of lights was placed on the southbound intersection. There was further discussion on this issue. Melissa Whitehouse, of 3922 Grant, asked if there was a way to get CDOT to have a public meeting for individuals to get information and make suggestions. Mayor Hamman said we can check into that possibility. 6. Executive Session On motion of Trustee Jerome, seconded by Trustee Whitehouse the board voted unanimously to go into executive session to discuss personnel issues involving the Town Administrator's annual evaluation with consent of the Town Administrator as provided by C.R.S (4)(f)(I). It was announced that the Executive Session would be recorded. The board went into executive session at 9:55 p.m. On motion by Trustee Michel seconded by Trustee Whitehouse, the board voted at 10:55 p.m. to come out of executive session. It was confirmed that no action was taken. The executive session was recorded and the recording will be preserved until at least August 20, The topic of the executive session was to discuss personnel issues involving the Town Administrator's review with the consent of the Town Administrator as allowed by C.R.S (2)(d.5)(II)(B) and (II)(E). There being no further business to come before the Board, the meeting was adjourned at 10:56pm. Respectfully submitted: Cynthia Sullivan, CMC Deputy Town Clerk