BOARD OF TRUSTEES April 24, 2018 LEEPER CENTER 3800 WILSON AVE. REGULAR MEETING 7:30 PM

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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 March 5, 2018 b. Municipal Court Report for April 4, 2018 c. Larimer County Sheriff's Office Report for March PRESENTATIONS a. Main Street Program 3 CONSENT AGENDA a. Board of Trustee Minutes for April 10, OLD BUSINESS a. Reconsideration of Purchase Request for Water Treatment Plant Boat b. Purchase Request Water Treatment Plant Boat c. Approve Development Agreement for Saddleback Subdivision 5. NEW BUSINESS a. Ordinance Minor Subdivision Lot 1 Coal Creek Center b. Ordinance Amending Municipal Code for Parking Surfaces c. Water Share Purchase - Dechario d. Bills for Approval 6. STAFF REPORTS a. Town Attorney Update b. Town Engineer Update c. Town Administrator Update OTHER Executive Session Executive session to discuss personnel issues involving the Town Administrator's annual contract review with consent of the Town Administrator and to receive possible related legal advice as provided by C.R.S (4)(f)(I) and as allowed by (4)(b). 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: WYATT KNUTSON, MATT MICHEL, JOHN JEROME, TIM WHITEHOUSE, JOHN EVANS, DANIEL SATTLER and TROY HAMMAN None TROY HAMMAN, MAYOR ED CANNON, TOWN ADMINISTRATOR CYNTHIA SULLIVAN, DEPUTY CLERK CODY BIRD, TOWN PLANNER RYAN ABBOTT, ASSISTANT TOWN ADMINISTRATOR BRAD MARCH, TOWN ATTORNEY MARK OBERSCHMIDT, TOWN ENGINEER Additions to or deletions from the agenda Mr. Cannon said there is a proclamation for Arbor Day. TRUSTEE MICHEL MOVED AND TRUSTEE JEROME SECONDED to add a proclamation to the agenda. Roll call was taken and the motion passed unanimously. Mayor Hamman read the proclamation. Conflicts of Interest Trustee Knutson said he had a conflict on item 4c Saddleback Subdivision Development Agreement. Public to be heard on non-agenda items. None 1. Correspondence and Minutes from Committees and Boards a. Planning Commission Minutes for March 5, 2018 b. Municipal Court Report for April 4, 2018 c. Larimer County Sheriff s Office Report for March Presentations a. Main Streets Program Anne Lindgren, Executive Director for the Main Streets Program, gave a history of the program and the work with Department of Local Affairs (DOLA). She talked about the Downtown revitalization they are working on. She spoke about their funding and the groups that they work with. She listed the projects they are working on. The following are events planned for 2018: Arbor Day Celebration, Brewfest, Summer Concert Series, and Walking Tour of Downtown Wellington. She invited the Board members to visit their office. Trustee Michel asked if they see any increase in their budget. Ms. Lindgren said probably not for the next couple of years. She said a lot of their funds come from sponsors, membership and grants. Mayor Hamman mentioned the Market Leakage Analysis and asked if she would be working with the Chamber. Ms. Lindgren said DOLA would be providing the funding and the consultation.

3 Page 2 Mayor Hamman asked when the Historical Registry would be done and where it can be viewed. Ms. Lindgren said it would be done soon and there will be copies available at Town Hall, the Library, Main Streets Office and Businesses. 3. CONSENT AGENDA a. Board of Trustee Minutes for March 27, b. Work Session Summary for March 20, 2018 TRUSTEE MICHAEL MOVED AND TRUSTEE KNUTSON SECONDED to approve the Consent Agenda. Roll call was taken and the motion passed unanimously. 4. OLD BUSINES a. Reconsideration of Purchase Request for Water Treatment Plant Boat. Mr. Cannon went through the options and that we are under a time constraint. He said that the water still needs to be treated and the current boat was not usable in its current condition. He said for a reconsideration of a previous vote a board member who had voted against would have to make a motion to reconsider and a vote would have to be passed by a 2/3rds majority for it to be considered. He explained what it would take to get new bids which would include repairing existing boat estimated at $2, and delivery cost of $1, He said the third option was to declare it an emergency and allow purchase without following sealed bid procedures. He explained the time line for these options. Trustee Knutson asked if they could look for a used boat. Mr. Cannon said as part of the emergency we could look for a used boat. Trustee Sattler was unsure about the time line. There was further discussion about the process. Trustee Michel he felt this was a priority that need to be taken care of as soon as possible. He gave an analogy of the amount that proposed for this purchase compared to the amount spent on fireworks for one night. He also felt that if a budget amount was set for a purchase that staff should be allowed to fill that purchase. No motion to reconsider. b. Purchase Request Water Treatment Plant Boat Mr. March commented on the purchasing policy regarding staff s ability to purchase an item within the budget constraints. He thought that staff was looking for direction from the board on how to proceed with the purchase. His understanding was that the board does not have a problem with staff purchasing a boat just the scale and price. It sounds like the board was directing staff to look at a down scale boat or used boat. Mr. Cannon spoke about the purchasing policy. There were public comments supporting the purchase of a boat. Tim Singewald, of 8894 Crossfire, mentioned the ability to hire a company to do the treatment. Trustee Knutson mentioned the possibility of finding a used boat. Trustee Whitehouse asked what the process was if staff finds a used boat. Do they have to come back to the board? Mr. March said it was up to the Board on how they want to proceed. He said giving staff direction should be sufficient. There was discussion about how items are priced for budget consideration.

4 Page 3 TRUSTEE MICHEL MOVED AND TRUSTEE WHITEHOUSE SECONDED to authorize Town Administrator to declare an emergency and purchase a used boat within budget. Roll call was taken Trustees Michel, Whitehouse, Knutson, Jerome and Mayor Hamman vote for, Trustees Evans and Sattler voted against Motion passed. c. Approve Development Agreement for Saddleback Subdivision Mr. Bird said at the last Board meeting the Plat for this subdivision was approved by Ordinance conditional on approval of the Development Agreement. The development agreement was discussed at the work session on April 17. He reviewed the issues that were discussed in the work session including utility oversizing and offsite improvements. The Town would be collecting the fees with the building permits and hold the money in escrow. Yearly the town will reimburse the developer the towns contribution for the buildings completed up to the amount of the contribution or the cost of the improvement. He reviewed the corrections to the agreement. TRUSTEE SATTLER MOVED AND TRUSTEE EVANS SECONDED to approve the Development Agreement for Saddleback Subdivision. Roll call was taken and the motion passed Trustee Knutson abstained. 5. NEW BUSINESS a. Ordinance Minor Subdivision Lot 1 Coal Creek Center Mr. Bird explained the location of the property and that this was for the subdivision of that lot creating a second lot for the development of a Sonic on the south. The Planning Commission has approved the subdivision. Mr. Bird said the main issue was traffic. Kum N Go received a variance to allow for shorter turn lanes. He requested a traffic impact study for the intersection even though their lot accesses Sixth Street from the entrance at Roosevelt. He said we need to find the triggers for improvement of the intersection. Once the study is complete there would be a new development agreement between the town, Kum N Go and Sonic. Mr. March noticed the plat did not have signature lines. Mr. Bird said the engineers are making some corrections made by the planning commission and the addition of the signature blocks. Mayor Hamman mentioned the shape of the lot and asked if Kum N Go had been contacted about developing an additional entrance. Mr. Bird said that once the traffic study is complete we will be able to work with Kum N Go on a timeline for the additional access road. Mayor Hamman asked if the town would have to contribute to the entrance. Mr. Bird said the traffic analysis will determine what improvements if any are needed or the triggers on when they are needed. The Development Agreement will reflect when those improvements would be required and the cost sharing. Mr. Oberschmidt said when the variance was granted it stipulated the conditions under which Kum N Go would have to make the improvements. Trustee Knutson asked if there are any issues with the utility. Mr. Oberschmidt said the utility lines are stubbed in and the drainage has already been designed. Mr. March asked if there would be an access easement. Mr. Bird said at the Roosevelt intersection there was a private drive with shared access. TRUSTEE EVANS MOVED AND TRUSTEE WHITEHOUSE SECONDED to approve Ordinance Minor subdivision of lot 1 Coal Creek Center. Roll call was taken and the motion passed unanimously.

5 Page 4 b. Ordinance Amending Municipal Code for Parking Surfaces Mr. Bird this was an amendment to the municipal code chapter sixteen. The current code requires paving of parking spaces, but has three sections where the paving materials are defined differently. This amendment would be to make all three sections constant and to clarify some definitions. This will give developers uniform standards so they know what was required and to give staff better enforcement. Mr. Bird said that these changes are legislative and change all zoning districts. The Planning Commission had a work session to review the definitions some of the issues related to ADA accessibility and striping to show the width and length of the parking spaces. The main concern was the use of gravel or recycled asphalt, because these materials do not meet ADA accessibility standards. With heavy traffic or high use vehicles will cause the gravel or recycled asphalt to loosen and gets drug out onto streets and cause ruts and pot holes. Mr. Bird spoke about the maintenance issues that would not be an issue with concrete or asphalt. Consistency of the code and property values were also discussed. He said the amendments were reviewed and approved by the Planning Commission. The ordinance has two components the first clarifies definitions and adds a new definition for active repair of vehicles. This was to replace the word junk and specify that a vehicle could not just be stored for parts, but needs to be actively worked on. The second was to provide a consistent enforceable standard for the surfacing. The proposed changes require poured in place concrete or asphaltic concrete for parking spaces, driveways and circulation isles. The term poured in place defines that it cannot be crushed concrete. Mr. Bird addressed the outdoor storage in light industrial and industrial zones to allow for storage that was utilized by the business and not accessible by the public then they can use gravel that meets the town standards. He said that staff did research on other materials and found that they would not meet town standards. Trustee Knutson asked if the ¾ inch crusted rock was the only material. Mr. Oberschmidt said we could work with class 5-6 road base or recycled asphalt for the areas that are not directly accessed on to a street. Trustee Michel asked if this would apply to new use or would this apply to existing buildings. He also mentioned the condition of alleys in town. Mr. Bird said these amendments would be for new developments. Existing businesses would be grandfathered unless they expanded, enlarge or if maintance would cause a greater non-conformance with the code than they would have to become compliant. Change of uses, ownership or require a site plan will need to comply with the new code. Any project that was already in process would have to be in compliance with the code they were started under. Mr. Bird said this was not written to address streets or alleys. Curtis Bridges, of 2364 ECR 62, spoke about increasing businesses in Wellington. He mentioned the cost of surfacing the parking lots and future plan for an industrial park. His concern was if the town was being consistent with other local communities. Jim Pieper, Boxelder Business Park Developer, addressed the Board with regard to Boxelder Business Park and the construction of the buildings, the covenants, storm drainage and the ability for all the lots to be constructed the same. He spoke about how things were done in the past and how the new staff was not following the same process. He will be looking at developing the industrial property to the north of the Business Park and said that the town should allow him to develop it the same as the light industrial park. He compared codes for several municipalities in the area and they all had about the same language as Wellington but two of them were reviewing their codes. He spoke about the process that Berthoud uses and how it was based around the engineer, not a planner. He vented about his frustrations with the town.

6 Page 5 Lou Kinzli, 4006 Cleveland Avenue, commented on the quality of Mr. Pieper development. He mentioned the lack of drainage along the east side of the subdivision. He mentioned the parking lot for the multi-unit business development and felt that it was not up to standard. Kim Cunningham, business owner in Boxelder Business Park, was concerned about the cost of paving if they expanded their business. Mayor Hamman commented on the recommendations from the Planning Commission and his view of the businesses around the community. He felt it was the responsibility of the Board to make the code consistent and easy to interpret. He pointed out the commercial development on the south part of town that was building with accordance to the standards. TRUSTEE JEROME NOMINATED AND TRUSTEE EVANS SECONDED to approve Ordinance amending Chapter 16, related to off-street parking areas. Roll call was taken and the motion passed Trustee Michel voted against. c. Water Share Purchase Dechario Mr. Cannon explained that the town has been looking to purchase water share. This would be for one share in the amount of $102, He said this would be the 3 rd share that has been purchased. TRUSTEE WHITEHOUSE MOVED AND TRUSTEE KNUTSON SECONDED to approve the purchase of water share from Dechario in the amount of $102, Roll call was taken and the motion passed unanimously. d. Bills for Approval Hydro Construction $78, Stantec 83, Total $161, Mr. Cannon update the Board on the projects that these bills pertain. TRUSTEE SATTLER MOVED AND TRUSTEE KNUTSON SECONDED to approve the bills for approval in the amount of $161, Roll call was taken and the motion passed unanimously. 6. Staff Reports a. Town Attorney Update Mr. March update the Board on the following: Meeting with Judge regarding updating staff and technology for court. Licensing Animals. Covenants for Boxelder Business Park The Knolls covenant changes b. Town Engineer Update Mr. Oberschmidt said that the concrete work has started for the Streets project. c. Town Administrator Update Mr. Cannon updated the Board on the following: New Public Works Director - Bob Goings to start May 14 th.

7 Page 6 Met with Tad from North Poudre regarding the Water Treatment Plant expansion. Crack seal project. Staff monitoring. Trustee Sattler said regarding the Water Treatment Plant Expansion has there been any clarification on the size of plant. Mr. Cannon said that would be discussed at the next WTP Steering committee meeting May 3 rd. Mr. Cannon spoke about the wet test that has been failing and how we are dealing with it. There was further discussion about the plant project status. Scheduling of Work Session No work session was scheduled for the next meeting. Other Executive Session On motion of Dan Sattler, seconded by Wyatt Knutson the board voted unanimously to go into executive session to discuss personnel issues involving the Town Administrator's annual contract review with consent of the Town Administrator and to receive possible related legal advice as provided by C.R.S (4)(f)(I) and as allowed by (4)(b). It was announced that the Executive Session would be recorded. The board went into executive session at 10:00 p.m. On motion by Dan Sattler seconded by John Jerome, the board voted at 10: to come out of executive session. It was confirmed that no action was taken. The executive session was recorded ant the recording will be preserved until at least July 23, The topic of the executive session was to discuss personnel issues involving the Town Administrator's review process with the consent of the Town Administrator as allowed by C.R.S (4)(f)(I). There being no further business to come before the Board, the meeting was adjourned at 10:45pm. Respectfully submitted: Cynthia Sullivan, CMC Deputy Town Clerk