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Home My WebLink About1.0 ApplicationCERTIFICATION OF PLANNING COMMISSION ACTION ON THE SIEVERS' CAMPER PARK APPLICATION The Planning Commission of Garfield County, Colorado certifies to the Board of County Commissioners of Garfield County, that on Monday, May 8, 1978, at the regular monthly meeting of the Planning Commission the following action took place regarding the Sievers' Camper Park site plan application. Mr. Kelley Meyer moved that the Planning Commission approve the site plan of the Sievers' Camper Park subject to the following conditions: (1) All permanent buildings on the site either have their first floor elevated one (1) foot above the base elevation of the 100 Year Flood or flood proofed to an elevation equal to one (1) foot above the base elevation of the 100 Year Flood, and further, that all utility systems in the park be constructed in a manner that enables them to withstand damage and prevent possible contamination as a result of a 100 Year Flood; (2) No parking be allowed along the roads in the camper park; (3) Plans for the electrical distribution system for the park be submitted and approved by the County and responsible utility company; (4) Specific construction plans for the service building water and sewer systems, and the fire protection apparatus conform to the standards set forth in Section 4.02 of the Garfield County Zoning Resolution; and, (5) The necessary changes in use be granted for the water supply by the appropriate water court. Mr. John Tripp seconded the motion. The motion carried unanimously. THE GARFIELD COUNTY PLANNING COMMISSION OF GARFIELD COUNTY, COLORADO By: , Carter T. Jackso, Chairman (C0 --hi; Afg \\ Dotti Pretti, Secretary S ck cy-` cU1LQ 5-19.) Cele- 624.1/4en,h s -7 I 13 I No 4 ,71( 5-25,fic CA:A 4, hog( OM"- 01,1N Si‘k) C42141477 i< oLrvt4;14 (524;$ h I Mid -49 5" a 4c- 0 a- 1 Arcot I A/ rcsof,f4;)- -PK e-prA e-44, sof t' it, DEMMATsup ATTORNEYAT LAW 809 BLAKE AVENUE • BOX 902 TELEPHONE AREA CODE 303 945-9360 or 625-3307 GLENWOOD SPRINGS, COLORADO 81602 5 April 1985 Mr. Mark Bean Department of Development Garfield County Courthouse 109 Eighth Street, Suite 306 Glenwood Springs, CO 81601 Re: Fort Defiance Campground f/k/a Sievers Wild Goose Camper Park Dear Mark: 6AREIELQ CO. PLANNER This letter will confirm our telephone conversation of April 4, 1985. As I indicated to you, Fort Defiance, Inc., is now the owner and operator of what was formerly known as Sievers Wild Goose Camper Park. I spent approximately three hours with the Silt Town Manager, Mr. Crepeau, on April 3, 1985, discussing the annexation of this area into the Town of Silt, together with a possible plan for the Town to provide immediate Town water and a dump station to Town sewage treatment facilities for this park. Basically, it is the company's intention to provide overflow space in the pasture for self-contained RV units. These units have their own water tanks and sewage holding tanks. If there is any demand for overflow parking, the water would be provided by Silt water and sewage would be provided by the dump station to the Town of Silt sewage treatment facility. Therefore, there would be no impact at all on the camp's present wa'ter or sewage system. There might even be a reduction in use of the park's sewage system, since we contemplate in our negotiations with the Town of Silt that the Silt dump station would be available to users of our camp who would normally use either our sewer or our dump station. Because this is very seasonal business, we would like to expedite our plans to promote this type of overflow parking. Our company will meet with the Board of Trustees of the Town of Silt on Monday, April 8, 1985, to discuss both annexation and the providing of Silt water and Silt sewer to our campers. Based on my conversations with Mr. Crepeau, I would anticipate that a contract for the use of Silt water and Silt sewer will be available in plenty of time for the earliest anticipated overflow camper. Mr. Mark Bean Page Two 5 April 1985 However, annexation to the Town of Silt requires negotiations of a preannexation agreement, together with the necessary hearing of provisions. If there is a demand for the type of service which we contemplate, we would not anticipate annexation to be complete prior to the demand. On the other hand, it is your view that the County regulations will require a reapplication of the Campground adding this additional use. Without a review of the special use permit and the County regulations, I cannot form an opinion on whether or not this is legally required. The actual change in use would be minimal, if any, and would provide an immediate benefit to the Town of Silt without any corresponding increase in use on the well that the Campground uses or on its septic system. However, our business would like to start the application process within the County in the event the County legal advisors conclude that a reapplication is necessary and the annexation to the Town of Silt cannot be completed in a usable time frame for this type of business. Please be assured that we intend to vigorously negotiate with the Town of Silt for annexation because we believe it is to our mutual benefit. With the promotion that the company is planning, time is of the essence. We would like a tentative commitment on the procedure desired by the County no later than April 12, 1985. The reasons for this are business in nature, not legal. Please do not pesitate to call should you have any questions. Ver b/u�y y.Zrs , /4 EL H. DEMBI SKY i v JHD/ j BENJAMIN F. STAPLETON Chairman, Denver FREDERICK V. KROEGER Vice -Chairman, Durango JOHN H. BROWNELL Hooper JOHN R. FETCHER Steamboat Springs C. M. FURNEAUX Walden PATRICK A. GORMLEY Grand Junction ROBERT A. JACKSON Pueblo DAVID LEINSDORF Crested Butte HERBERT H. VANDEMOER Sterling RICHARD D. LAMM Governor ELIX L. SPARKS Director MAY 1 11979 el l GARF ELD GO. NLAI.DIER f DEPARTMENT OF NATURAL RESOURCES 5;0///1C-- COLORADO WATER CONSERVATION BOARD //I V Y' n REN D. MORRILL Deputy Director 823 STATE CENTENNIAL BUILDING 1313 SHERMAN STREET DENVER, COLORADO 80203 May 8, 1978 Mr. Robert A. Witkowski Director, Planning Department 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Mr. Witkowski: PHONE (303) 9393441 In regard to your request of April 17, 1978, the Colorado Water Conservation Board has reviewed the data you sent regarding the proposed Siever's Camper Park at Silt, Colorado. Our review of the data and the flood hazard at the site is as follows: A. The analysis of the 100 -year flood by Scarrow & Walker/ K.K.B.N.A is not a detailed analysis, and the elevations can be considered only as approximate. B. Our review of the available data, including topographic maps and aerial photographs, indicates that the proposed site was completely in the floodplain prior to construction of I-70. During 1-70 construction, the site was partly filled in by as much as 3 feet ±. C. Our cursory review of Highway Department hydraulic data indicates that under present conditions the proposed camper park site will be inundated from 1 foot + to 2 feet ± during the 100 - year flood. The greatest depth will be in the northwest area of the site. Flood depths during the 50 -year flood will be about .5 foot less. Based on our review, a temporary trailer park will not raise water surface elevations significantly. Permanent support facilities will suffer flood damage unless they are sufficiently elevated or floodproofed. Mr. Robert A. Witkowski May 8, 1978 Page two Sewage and water facilities may be contaminated unless they are also elevated or floodproofed. Appropriate State Health Department regulations should be adhered to. Since the Colorado River is not subject to flash floods, there should be little or no danger of loss of life. However, there should be a general evacuation plan that would state at what water -surface elevation the camp ground would be evacuated and who would be responsible for carrying out the evacuation. The camp ground should not be converted to permanent use unless a thorough, detailed floodplain analysis is prepared and the flood hazard is fully evaluated. Our conclusions are based on a cursory review of the data, and the actual flood hazard at the site may be somewhat greater than we have stated. Please feel free to contact us if we can be of any further assistance. Sincerely, E. E. I. JENCSOK, P. Supervising Water Resource Engineer E. EIJ:tam cc: Earl Balcomb State Health Department GARFIELD COUNTY ENVIRONMENTAL HEALTH DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE PHONE 945-7255 May 8, 1978 Mr. W. C. Milner GARFIELD COUNTY BUILDING DEPARTMENT 2014 Blake Avenue Glenwood Springs, Colorado 81601 Re: Sievers' Camper Park Dear Mr. Milner: As per your request, please be advised I have reviewed the Special Use Application for the above referenced as is required by Section 4.02.04 of the Garfield County Zoning Resolution. My comments are as follows: Water Supply & Distribution - I have no objection provided the system complies with Colorado Department of Health Regulations and Garfield County Zoning Resolution pertaining to. Fire Protection The Application submitted to me does not address provisions for fire protection as is required by the Garfield County Zoning Resolution. Sewage Disposal - I have no objection provided the system complies with Colorado Department of Health Regulations and Garfield County Zoning Resolution pertaining to. Electrical Distribution - The Application submitted to me does not address electrical distribution as is required by the Garfield County Zoning Resolution. Refuse Handling - The Application submitted to me does not address refuse handling as is required by the Garfield County Zoning Resolution. Please contact me if I may be of further assistance. Very truly yours, ENVIRONMENTAL HEALTH DEPARTMENT Edward L. F_ d Department He ELF/tls GARFIELD COUNTY ENVIRONMENTAL HEALTH DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE PHONE 945-7255 May 4, 1978 Mr. Robert A. Witkowski, Director GARFIELD COUNTY PLANNING DEPARTMENT 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Bob; Please be advised I have reviewed the "Sievers, Camper Park" application. I have no objections to the proposed sanitary facilities provided they comply to the requirements of the Colorado Department of Health and Water Quality Control Commission. Very truly yours, ENVIRONMENTAL HEALTH DEPARTMENT � Edward L. Fe1'4 Department Head'"N,. ELF/tls April 17, 1978 Colorado Water Conservation Board 1313 Sherman Street Room 823 Denver, Colorado Attn: Mr. Larry Lang Dear Mr. Lang: The purpose of this letter is to request review and comment by your staff on floodplain information submitted to Garfield County in support of a camper park special use request. Currently, the County does not have a staff member qualified to review this technical material adequately. Since Garfield County does not currently have a floodplain regulation in effect, I have asked the engineer for this project to study available floodplain data and make a determination if the camper park would be in the floodway or flood fringe areas as defined by the Federal Insurance Administration and your agency. Enclosed are the letter from the engineer and his supporting data. I would greatly appreciate any help that you could give us in this matter. This request will be scheduled for a bublic hearing before the County Planning Coamnission on May 10th. Thank you for your attention. RAW/kay Enclosures Sincerely, PLANNING DEPARTMENT "''Robert A. Witkowski Di rector Inc. 6 C..nsufting Engineers ° Land Surveyors 204 8th St. ° Glenwood Springs, Colo. 81601 ° 303-945-8664 144 West 4th St. ° Rifle, Colo. 81650 ° 303-625-2740 April 13, 1978 Mr. Robert Witkowski Garfield County Planners 2014 Blake Street Glenwood Springs, CO 81601 Re: Sievers Camper Park, Silt, Colorado. Dear Bob: We have analyzed the 100 -year floodplain on the Colorado River as it affects the proposed camper park south of Silt.. Based on hydraulic data for the Interstate 70 bridge immediately west of the site which was prepared by the Colorado Department of Highways (exhibit A), we have estimated the floodplain to be 5406.3: and 5409.0 at the location shown on the enclosed map (exhibit B). This translates into a water depth of 0.3' and 1.0' respectively. According to the Garfield County Flood Insurance Study by FIA, the site could be considered in the floodway fringe and fills placed at the proposed buildings or other permanent improvements will not increase the flood plain elevation more than one foot. Due to the seasonal and temporary nature of the park we do not anticipate that any filling will be required in the camper area except where the permanent facilities (ie., service building, pump - house, etc.) are constructed. Our calculations are enclosed for your review. Please advise us when this project is placed on the agenda. MSO/hlw Enclosure CC: Mr. Clyde Sievers Robert A. Wamsley Gary 5. Berschauer Dennis O. Bradley LeRoy E. Tobler Martin 5. Oldford Raymond L. Baldwin Robed D. Scarrow —Special Consultant Sincerely yours, � �.dx1 Martin S. Oldford, P.E. 7456 West 5th Ave, Denver, Colo. 80226 303/2326050 Inc. e Consulting Engineers Land Surveyors 204 8th St. ° Glenwood Springs, Colo. 81601 ° 303-945-8664 144 West 4th St. ° Rifle, Colo. 81650 ° 303-625-2740 V RS'CA MPER 'PARK 100-Year'Ploodp1:ain on Colo'rado'River at Silt, Colorado CALCULATIONS: 50 year Water Surface (W.:S.) Elevation at I-70 Bridge = 5402.0 Elevation difference to 100 -year flood at Rifle (454.4 miles) and New Castle (466.4 miles) '1.0 Adjusted 100 -Year W.S. Elevation at Bridge 5403.0 1977 W.S. Elevation at Bridge (datum) 5392.7 W.S. Depth from 1977 datum 10.3' A. 1977 W.'S. Elevation at Point A W.:S. Depth 100 -year W.:S. Elevation at Point A Site Elevation Water depth at site B. 1977 W.S. Elevation at Point B W.S. Depth 100 -year W.S. Elevation at Part B Site Elevation Water Depth at site 5396.0 10.3 5406.3 -5406'.0 5398.7 10.3 5409,0 5408.0 1.0 It should be noted that the River is braided directly upstream from Point "B" (see exhibit C) and several low islands formed by/stream deposits are in the £loodway. During the 100 -year flood these islands will flood thereby maintaining a lower water surface elevation and lower velocities than will be present at the bridge. Robert A. Wamsley Gary 5. Berschauer Dennis 0. Bradley LeRoy E. Tobler Martin S. Oldford Raymond L. Baldwin Robert D. Scarrow —Special Consultant 7456 West 5th Ave, Denver, Colo. 80226 303/232-6050 GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212 April 9, 1985 Joel H. Dembinsky P.O. Box 902 Glenwood Springs, Colorado 81602 Dear Joel: This letter is a response to your letter of April 5, 1985 regarding the development of an overflow parking area for self contained R.V. units in the now, Fort Defiance Campground. As.I stated in our previous conversations about this issue, I have reviewed this issued with Steve Zwick, Assistant Garfield County Attorney.. As you are aware, Fort Defiance Campground was originally approved as Siever's Wild Goose Camper Park by Special Use Permit #147, subject to certain conditions of approval established by the,Garfield County Planning Commission on May 8, 1978. This approval was for 32 tent sites and 38 camper sites, as delineated on a map developed by Scarrow and Walker/K.K.B.N.A., Inc., job number 4670.01. The proposed overflow area would be for additional R.V. units, beyond the 38 sites approved in 1978. As such, it would be an expansion of theuses permitted in the Special Use Permit and will require making an application for a new permit. The application would have to meet the requirements of Section 5.02 of the Garfield County Zoning Resolution of 1978, as amended, that pertain to camper parks. Section 5:02.04 outlines the basic procedure for approval of a camper park Special Use Permit. The application should be in at least 30 days prior to a regularly scheduled Planning Commission meeting to make sure that it can be placed on their agenda and to allow adequate review time. This is a fairly brief response to your inquiry. If you have any further questioning, feel free to call or write to this office at your convenience. Sincerely, G2 C Mark L. Bean Director Department of Planning MLB:pjm GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945.8212 April 9, 1985 Joel H. Dembinsky P.O. Box 902 Glenwood Springs, Colorado 81602 Dear Joel: This letter is a response to your letter of April 5, 1985 regarding the development of an overflow parking area for self contained R.V. units in the now, Ebrt Defiance Campground. As.I stated in our previous conversations about this issue, I have reviewed this issued with Steve Zwick, Assistant Garfield County Attorney. As you are aware, Ebrt Defiance Campground was originally approved as Siever's Wild Goose Camper Park by Special Use Permit #147, subject to certain conditions of approval established by the Garfield County Planning Commission on May 8, 1978. This approval was for 32 tent sites and 38 camper sites, as delineated on a map developed by Scarrow and Walker/K.K.B.N.A., Inc., job number 4670.01. The proposed overflow area would be for additional R.V. units, beyond the 38 sites approved in 1978. As such, it would be an expansion of theiuses permitted in the Special Use Permit and will require making an application for a new permit. The application would have to meet the requirements of Section 5.02 of the Garfield County Zoning Resolution of 1978, as amended, that pertain to camper parks. Section 5.02.04 outlines the basic procedure for approval of a camper park Special Use Permit. The application should be in at least 30 days prior to a regularly scheduled Planning Commission meeting to make sure that it can be placed on their agenda and to allow adequate review time. This is a fairly brief response to your inquiry. If you have any further questioning, feel free to call or write to this office at your convenience. Sincerely, (-71-kaL"-- Mack L. Bean Director Department of Planning MLB:pjm GARFIELD COUNTY COURTHOUSE 109 8TH STREET. SUITE 306 GLENWOOD SPRINGS, COLORADO 81601 4. 4. 4. flit ;4.":474114.:V14.74.7..Y.-4,14.4nt 4441044141 1 41.1)4 4104 C:HE 0 . . , • • ;sic° TT pi' el 7, - , - • . • . SIEVE_ PS 'A :11:6WILTi:D 1UT . - " , • . GARFIELD COUNTY , COLORADO • CarAIX 3Clar / SUSI an 17.1(.0 ..tatt< er,,sr awry ist A ats-israto 1101,0 Or LLT; CV (Fir SiC .11' POCE,VM. aal 7,7 etir S charr.c.r ezerp,, An ,,,,k-trx rtir anni 141.110 AiCAMI M, As; dm Ow; "DAGIAL /WV .ruP;if: 010 5'7 ,C co' ...tgrAwosky cowrs.vr watvi: 04 cavar, skr MP 404774 ;V $04 1.04-41440010 400.4,0 470441 44441? 044-,rmi 2.41.th,,014T,Clor,.010 44 104)040.•• 10 4.4041 ' • , i44.•.1,57e 4.4IM 1.0 fl MW JAC 110 • 41441 4:10:044 rir • • • 444.0104 v ,L et 1, A, 4 g 7t; 1„ 0000 n„.„ 44 .010401444044440141010104001.)474; ,i3447;'44.41(. 4147,.-;.(4.:.1;kr; e , "401-.,-, 44, tsars ; strsi4.0-44 ss4 • .444 0100.41100 ,01•1'4Ul 4411; ;re .414 (14, 4. 4.4,4 x;;;, 44; .0:0400) 4-" '44'4010,144,01 • L, faC: — F000110144;00 .440 SCALE !!!!MieeMeM 1 INCH 100 FT. PPROX,MA TE gAN L • - • - 268 iffile/vp 800 446311 NW 269 ; (RIFLE FALLS) 270 271 40' R. 92 W. R. 91 W. 273 SILT QUADRANGLE COLORADO—GARFIELD CO. 7.5 MINUTE SERIES (TOPOGRAPHIC) V„' rr sir • 1 400 000 FEET 107°37'130" rr'37'30" 389 4388 4387 650 000 FEET 4386 4385 35' • 14 1384 4383 T. 5 S. T. 6 S. W J k 3'4'- 141 "Wv 5583j 9 32'30” 4379 4378 4377 u` 4 8 2 (HUNTER MESA) 4462 / NW SCALE 1:24 000 0 270 40' COLLBR N 36 Ml. 1 MILE 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET .5 0 1 KILOMETER CONTOUR INTERVAL 40 FEET DOTTED LINES REPRESENT 20 -FOOT CONTOURS NATIONAL GEODETIC VERTICAL DATUM OF 1929 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS LE BY U. S. GEOLOGICAL SURVEY, DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST COLORADO QUADRANGLE LOCATION 272000m.E • INTERIOR—GEOLOGICAL SURVEY, RESTON, VIRGINIA— )SSS 43760oom.N• °30' 1 7°3730" ROAD CLASSIFICATION Primary highway, Light-duty road, hard or hard surface improved surface Secondary highway, hard surface Unimproved road .... 0 Interstate Route U. S. Route C) State Route Revisions shown in purple and woodland complied from aerial photographs taken 1982 and other source data. This information not field checked. Map edited 1987 SILT, COLO. 39107 -E6 -TF -024 1962 PHOTOREVISED 1987 DMA 4463 11 SW—SERIES V877 54-3p X 04.6 X x W� � oc c -1. steyo.259 , welt a.iao-ril 4 gess .-f+*--k 4o0 w -o1' t w4{s...r't -R0,1 40.3 04-enka-Z ` Zi09.2 w/ 6,0 wa Its Phase_ IS tt Z -r S 04.1 x 04.8 X 05.4 X 02.1 X 00.2 X 06.2 • x of 1 O 5.400 /1 ••/ \ / e,06.5 \ zz/ \ \0 14 is m ir =- �� X �1 17.9 / 1 r �e i� Ko - I 0 8 I I _2 Acta lw�.�iaie.., —, 1 is _5 410'00 / ^070 BRIDGE HYDRAULIC INFORMATION FL000 FREQUENCY CURVE 0 15 2.33 5 10 25 BO 100 RECURRENCE INTERVAL ( YEARS ) 02 5400 98 96 lww W r 94 92 90 5388 SUMMARIZED STREAM DATA STAGE— DISCHARGE CURVE IIMMEM pSN[t OI Ye 3IC camwe MIME /7 NS IA Mimi Ilm i FA II II II NATURAL. (_BEFORE NEW CONSTRUCTION 1 1 Drmnoge Area ( or Water Right 1 _ 6640 s9 N/ 2 Average Sion of Streombed 0002 n /FL 3 Detonation of Channel Sendy. Cobble bottom, brush trees 1n Over bank 4. Stobnlfr of Chanel: Stahl* ® Aggreding ❑ De9roding ❑ 5 Drift: Ineignil icon/ 0 Brash 8 Debris 0 Largs Trete 8 Loge 10 Other S iq ' Yee by' No 0 Unknown 0 7 sl •.,meed titration 5389 8 'reign Flo. ENroflon 540/ ✓ 9 Noeimum Velocity et Design Floe 9 FPS r/ K0 Remarks DISCHARGE Ot91GN ( AFTER NEW CONSTRUCTION ) I._. Noon Frequency 50 Year ✓ 2 Ocean OiecMls, ( or Water Right 1 40000 C F S 3 Source e/ anion Ol.cherge Stream 900e stat/ons 4 Refer Sorbc. Elevation et Upstream Edge of Specter* 5402 ✓ $ Meaimrm 8ectnlr MeneM Dt Te Streeter* L0 Ft../ 7. Remarks: o Prebobi. 0l sign Velocity Thee Slrecleet /Q.5 F PS AS CONSTRUCTED NO REVISIONS DATE C _ 12-10-75 vuM pie pSN[t OI Ye 3IC camwe 110-I(4/)/OO /7 .I nf:o$S 94 /006+45 E8• A t RrvEP. rl 3 "P/SFA .l J l0'+ Top of dike 5406 Tbp of n rep ti * .5462 Min. 2 %1 e.. �� 8n Qrprop- 10' dike - extend upstream 70 contour elevation 540G coveted Width _ 350'Q Pell. 3390 Jr 340'0 CLer. 5390 Dtra,t OF Pipaap. SECTION A -A limih oG $tr. to=l4o'= 4 &fiiB,T Aer DIVISION OF HIGHWAYS BRIDGE HYDRAULIC INFORMATION COLORADO RIVER STA IOOCor • F-4-7. w.UOVND V A ITC& 4 2 -4,6 As- ...---,. ., um4,Eakiboxikka , 4.1440 p laittl Streak \ . ° 1.-------1-- \ cp • .,..,,..s._ _ FL - - - - - n n- a — - - - -- .----•-.4m. -.,t - - '1 4 " • " . . . - - -,-- — . - -1.4.1 IS - -- e I I -J, . . . --- 1—WilailleillE SP SIMI IWINEalit AR 1 \ /— - • 4400 .....___ n --"--.., Lia 0 le -.-. -- -- IP- -- \ * \ . . Ake- - DITc Efir f DITCH 0 0 T DIVIDE CREEK DAM SITE 7 0 D 0 R A 1Ao° 6 I I , 15 Ex efigir a/ SIEUE-lesi 06relibe ext,C'kc A1111111111111111II 111E1 11111 11111" '1111 1111 1111 36947 07/30/2004 10:478 B1609 P".$ M PLSDORF 1'of 2 R 11.00 D 0.00 GARFIELD COUNTY CO TOWN OF SILT ORDINANCE NO. 15 SERIES OF 2004 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT APPROVING THE DEANNEXATION OR DISCONNECTION OF THE HERON'S NEST DEVELOPMENT WHEREAS, the Town entered into an annexation and development agreement ("ADA") with Cory and Jong OK Nielson owners of the Heron's Nest (a/k/a Viking R.V. Park) Planned Unit Development ("Heron's Nest") dated March 10, 2003 as recorded with the Garfield County Clerk and Recorder's office at reception number 645790, in order to allow development on this property in the town of Silt on the condition that the property owners comply with the conditions of the ADA, one condition of which is that the Town and the property owners agree to de -annex the Heron's Nest property from the Town of Silt if the property owner was unable to obtain either before or after annexation proceedings were complete, PUD zoning approval that the Owner in its sole discretion found acceptable, which PUD zoning approval the Owner has not found acceptable, and as such the parties agree that the annexation would not in the best interests of the Town and de -annexation or disconnection is necessary for the public health, safety and welfare; and WHEREAS, the property owners have not obtained acceptable PUD zoning approval; and WHEREAS, a Petition for Disconnection or De -annexation signed by the property owners and the Town of Silt has been submitted pursuant to C.R.S. 31- 12-501, et seq. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO as follows: Section 1. The Board of Trustees finds that the best interest of the Town will be served by the disconnection or de -annexation of the Heron's Nest Development described on Exhibit A, attached hereto and incorporated herein by this reference as per the ADA and the Petition for Disconnection and De - annexation submitted by the property owners and the Town of Silt. Section 2. The Heron's Nest development as is reflected on exhibit A and as annexed to the Town in March, 2003 is hereby disconnected and de - annexed from the Town. TOWN OF SL P.C. BOX 70 SU, CO B1852 II1IIIHIA111111111111111111111III"'"11111111111111 656947 07/30/2004 10:478 61609 .1.t6 M RLSDORF " 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO ............._. Section 3. Pursuant to C.R.S. 31-12-502, the private property owners shall be responsible for the payment of any taxes assessed on the property due prior to the effective date of disconnection or de -annexation of the property. Section 4. The property owner agrees to indemnify and hold the Town harmless for any and all claims that may arise as a result of this de -annexation or disconnection Ordinance, and that they fully release the Town from any and all claims they may believe that they now possess or may possess in the future of any kind as related to this de -annexation or this ordinance. Section 5. The Town Clerk is directed to file certified copies of this ordinance with the Garfield County Clerk and Recorder and the Colorado Department of Local Affairs as provided in C.R.S. 31-12-501. Section 6. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any one or part or parts be declared unconstitutional or invalid. Section 7. This Ordinance is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ AND APPROVED ON FIRST READING this 28th day of June 2004, and a public hearing ordered upon second reading this 12th day of July 2004 at 7:00 PM in the municipal building of the Town of Silt, Colorado. PASSED, APPROVED ON SECOND READING, ADOPTED AND ORDERED PUBLISHED BY TITLE following a public hearing this 12th day of July, 2004. TOWN OF SILT ATTEST:, /V tad- Town Vii.Town Clerk Sheila Mcln Mayor John Evans TOWN OF SILT P.O. BOX 70 SILT, CO 81652 CERTIFICATE OF AUTHENTICITY STATE OF COLORADO ) COUNTY OF GARFIELD ) SS: TOWN OF SILT ) I, Sheila M. McIntyre, Town Clerk, for said Town of Silt, in the County of Garfield, in the State aforesaid, do hereby certify that the attached is a true and correct copy of Ordinance Number 15, Series of 2004, passed and adopted by the Town Board of Trustees of the Town of Silt, on the 12th day of July, 2004. In witness whereof, I have hereunto set my hand and the seal of the Town of Silt, this 27th day of January, 2004. Sheila M. McIntyre Town Clerk .JAN.27.2005 2:07PM 9708762937 j A !:•;.' 2 7 2005 NO.170 P.1 231 No. 7th Street / P.O. Box 70 /Silt, CO 81652 Phone: 970-876-2353 / Pat 970-876-2937 TO: -Meta , aette--- ntONI: gaup Sleintbati_ PlIONE NUMBER: 9451- 02.1? FAxNutviBFR: 58ti 311% DATE: Ikl-/05 NUMBER OF PAGES: q INCLUDING COVER SIIEET MESSAGE: pefr fur retcaof • Sorrj 4or- 1rraoie_ti Pu/ but -95 JAN.27.2005 2:07PM 9708762937 N0.170 P.2 CERTIFICATE OF AUTHENTICITY STATE OF COLORADO COUNTY OF GARFIELD TOWN OF SILT SS: I, Sheila M. McIntyre, Town Clerk, for said Town of Silt, in the County of Garfield, in the State aforesaid, do hereby certify that the attached is a true and correct copy of Ordinance Number 15, Series of 2004, passed and adopted by the Tpwn Board of Trustees of the Town of Silt, on the 121° day of July, 2004. In witness whereof, I have hereunto set my hand and the seal of the Town of Silt, this 27'h day of January; 2004. Sheila M. Mclntyre Town Clerk • ,IAN.27.2005 2?09PM 9708762937 NO.170 P.3 ,IIIII111111111111111IHNI 11111IIIIiJ I�.°11111111 1111 r 56547 07/30/2004 10:478 01609 P1o_ A RLSDORF of R 11.00 D 0.00 GRRFIELD COUNTY CO eJ -c cz 1 TOWN OF SILT ORDINANCE. NO. 15 SERIES OF 2004 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT APPROVING THE DEANNEXATION OR DISCONNECTION OF THE HERON'S NEST DEVELOPMENT WHEREAS, the Town entered into an annexation and development agreement ("ADA") with Cory and Jong OK. Nielson owners of the Heron's Nest (a/k/a Viking R.V. Park) Planned Unit Development ("Heron's Nest") dated March 10, 2003 as recorded with the Garfield County Clerk and Recorder's office at reception number 645790, in order to allow development on this property in the town of Silton the condition that the property owners comply with the conditions of the ADA, one condition of which is that the Town and the property owners agree to de -annex the Heron's Nest property from the Town of Silt if the property owner was unable to obtain either before or after annexation proceedings were complete, PUD zoning approval that the Owner in its sole discretion found acceptable, which PUD zoning approval the Owner has not found acceptable, and as such the parties agree that the annexation would not in the best interests of the Town and de -annexation or disconnection is necessary for the public health, safety and welfare; and WHEREAS, the property owners have not obtained acceptable PUD zoning approval; and WHEREAS, a Petition for Disconnection or De -annexation signed by the property owners and the Town of. Silthas been submitted ,pursuant to C,R,S. 31- 12-501 et seg. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO as follows: Section 1. The Board of Trustees finds that the best interest of the Town will be served by the disconnection or de -annexation of the Heron's Nest Development described on Exhibit A, attached hereto and incorporated herein by this reference as per the ADA and the Petition for Disconnection and 4e - annexation submitted by the property owners and the Town of Silt. Section 2. The Heron's. Nest development as is reflected on exhibit A and as annexed to the Town in March, 2003 is hereby disconnected and de - annexed from the Town, TOWN OF SBLT P.O. 8 X 70 SU, CO 8102 IRN.27.2005 2:00PM 9706'62937. 1111111HO 1111111111111111 11111 IIID 1111111111111 656947 0713012004 30:478-61609. ,6 M RLSDORF ' 2 of 2 R 11:00 D 0.00 GRRFIELD COUNTY CO Mo.170 P.4 Section 3. Pursuant to C.R.S. 31-12-502, the private property owners shall be responsible for the payment of any taxes assessed on the property due prior to the effective date of disconnection or de -annexation of the property. Section 4. The property owner agrees to indemnify and hold the Town harmless for any and all claims that may arise as a result of this de -annexation or disconnection Ordinance, and that they fully release the Town from any and all claims they may believe that they now possess or may possess in the future of any kind as related to this de -annexation or this ordinance. Section 5. The Town Clerk is directed to file certified copies of this ordinance with the Garfield County Clerk -and Recorder and the Colorado Department of Local Affairs as provided in C.R.S. 31-12-501. Section•6. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any one or part or parts be declared unconstitutional or invalid. Section 7, This Ordinanpe is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ AND APPROVED ON FIRST READING this ,28 h day of June 2004, and a public hearing ordered upon second reading this 12th day of July 2004 at 7:00 PM in the municipal building of the Town of Silt, Colorado. PASSED, APPROVED ON SECOND READING, ADOPTED AND ORDERED PUBLISHED BY TITLE following a public hearing this 12th day of July, 2004. ATTEST: 9744.t... Town Clerk Shell TOWN OF SILT Mayor John Evans TOWN OF SILT P.O. BOX 70 SILT, CO 81652 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING OCTOBER 12, 2004 The Silt Board of Trustees held their regularly scheduled meeting on Tuesday, October 12, 2004 in the municipal council chambers. Mayor Evans called the meeting to order at 7:00 p.m. Roll call: Present Mayor John Evans Trustee Tod Tibbetts Trustee Dennis Mahan Trustee Dave Moore Trustee Doug Williams Absent Trustee Steve Eichhorst Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Community Development Director Janet Steinbach, Police Chief Paul Taylor and members of the public and press. Pledge of Allegiance Agenda Changes Administrator Aluise asked to move forward item "F", the Re -2 School District discussion to take place after public comments. Conflicts of Interest There were no conflicts of interest. Consent Agenda Minutes of the September 27, 2004 Board of Trustees meeting Trustee Mahan made a motion to approve the consent agenda. Trustee Tibbetts seconded the motion and the motion carried unanimously. Employee Recognition Tonight the board would like to recognize employee Melody Harrison. Administrator Aluise stated that Ms. Harrison has worked very hard to revise the towns' website. Many compliments have been received on the job that she has done, and her efforts have saved the town a tremendous amount of money from hiring an outside party to do it. Mayor Evans presented Ms. Harrison with a certificate of appreciate. B.O.T. 10/12/04 Public Comments There were no public comments. Re -2 School District — Requesting support for the mill levy override Present tonight are Vicki VanEngelenburg, School Board President, Mikaela Gettler, eighth grader at Riverside Middle School and Ann Gettler, committee member of Re -2 asking for support from the board on the upcoming mill levy override ballot question. Re -2 is requesting 2.7 million dollars for start up costs such as heating and cooling, books, desks and computers for the new Coal Ridge High School. Some of the money will also be used for competitive and comparable salaries for their staff. Ann Gettler explained the current overcrowding situation at Rifle High School and stated that homeowners would see a tax increase of approximately $39 per $100,000 of actual assessed valuation should this pass. Trustee Mahan stated his concern that there was poor planning on the new high school, since Re - 2 is now relying on the voters to pass an override in order to open the school. He felt that money could have been put aside to assist with the start up costs. Mr. Mahan also commented on the amount of additional taxes, up to ten percent, that people would be required to pay. Trustee Tibbetts made a motion to approve the resolution supporting the Re -2 School District mill levy override. Trustee Williams seconded the motion and the motion carried with Trustee Mahan voting nay. Public Hearings Ordinance Number 19, Series 2004 — First reading Mayor Evans read Ordinance Number 19, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING SECTION 13.04.260 OF THE SILT MUNICIPAL CODE CONCERNING EQR CALCULATIONS ASSOCIATED WITH THE WATER SYSTEM IMPROVEMENT FEE FOR GARAGE AND BASEMENT APARTMENTS AND ADDITIONAL DWELLING UNITS Administrator Aluise stated that the EQR ordinance was adjusted last year but that some of the language was still unclear. Ordinance 19-04 is designed to address and clarify the gray areas. Staff stated that a base rate is used, regardless of the amount of usage for each residence, and that current charges to users is considered to be accurate. Trustee Moore commented that the system being used may be equal but doesn't feel that it is fair when the square footage of units is considered. Trustee Williams stated that we should all do our part to pay for the water and sewer systems, and feels that the current system is appropriate. Trustee Mahan also feels that the current system is reasonable. Mayor Evans opened the public hearing at 8:11 p.m. There were no public comments. B.O.T. 10/12/04 2 Mayor Evans closed the public hearing at 8:11 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 19, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING SECTION 13.04.260 OF THE SILT MUNICIPAL CODE CONCERNING EQR CALCULATIONS ASSOCIATED WITH THE WATER SYSTEM IMPROVEMENT FEE FOR GARAGE AND BASEMENT APARTMENTS AND ADDITIONAL DWELLING UNITS. Trustee Williams seconded the motion and the motion carried with Trustee Moore voting nay. Ordinance Number 28, Series 2004 — First reading Mayor Evans read Ordinance Number 28, Series 2004, AN ORDINANCE AMENDING SECTION 10.04 OF THE SILT MUNICIPAL CODE CONCERNING THE ADOPTION OF THE MODEL TRAFFIC CODE FOR MUNICIPALITIES TO INCLUDE A COMPREHENSIVE STREET PLAN AND DESIGNATION FOR ALL STREETS, ROADS, HIGHWAYS, ALLEYS, AND RIGHTS-OF-WAY LOCATED WITHIN THE TOWN LIMITS OF THE TOWN OF SILT, COLORADO TO: 1) PROVIDE FOR THE SAFE AND SMOOTH FLOW OF TRAFFIC WITHIN THE MUNICIPALITY; 2) UPDATE THE STREET PLAN AS NEW STREETS ARE ANNEXED AND/OR ADDED TO THE TOWN; AND 3) UPDATE THE PLAN AS PUBLIC SAFETY NEEDS CHANGE DUE TO INCREASE IN TRAFFIC THROUGHOUT THE TOWN Administrator Aluise stated that this ordinance is designed to amend the Model Traffic Code with the appropriate speed limits and signage throughout town, and that Stoney Ridge subdivision is in need of two additional signs. Chief Taylor stated that it is necessary to include the street guide and traffic control devices with the Model Traffic Code. He added that as streets and traffic control devices are added to the town, those changes could be done administratively by this ordinance. Trustee Tibbetts recommended changing the speed limit to 15 mph on Orchard Avenue between Third and Seventh Street. Mayor Evans opened the public hearing at 8:21 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:21 p.m. Trustee Mahan made a motion to approve Ordinance Number 28, Series 2004, AN ORDINANCE AMENDING SECTION 10.04 OF THE SILT MUNICIPAL CODE CONCERNING THE ADOPTION OF THE MODEL TRAFFIC CODE FOR MUNICIPALITIES TO INCLUDE A COMPREHENSIVE STREET PLAN AND DESIGNATION FOR ALL STREETS, ROADS, HIGHWAYS, ALLEYS, AND RIGHTS-OF-WAY LOCATED WITHIN THE TOWN LIMITS OF THE TOWN OF SILT, COLORADO TO: 1) PROVIDE FOR THE SAFE AND SMOOTH FLOW OF TRAFFIC WITHIN THE MUNICIPALITY; 2) UPDATE THE STREET PLAN AS NEW STREETS ARE ANNEXED AND/OR ADDED TO THE TOWN; AND 3) UPDATE THE PLAN AS PUBLIC SAFETY NEEDS CHANGE DUE TO INCREASE IN TRAFFIC THROUGHOUT THE TOWN with the addition of the two necessary signs in the Stoney Ridge Subdivision, and the change of the speed limit on Orchard Avenue to 15 mph between Third and Seventh Street. Trustee Tibbetts seconded the motion and the motion carried unanimously. B.O.T. 10/12/04 3 Action Items Acceptance of the revised 2004 and proposed 2005 budget Administrator Aluise stated that this is a formality to meet the October 15th deadline by state law. The board was asked to consider including money towards the County Emergency Manager position should they choose to support that position. There was discussion regarding a part time office assistant to assist with multiple office duties. Administrator Aluise also mentioned the possibility of budgeting for a phone answering system. It was decided that it would be better to have someone part time to help with phones. The board discussed the custodial service. Currently, town staff cleans town hall, and it has been budgeted to have a cleaning service come in every other week to assist. Trustee Moore made a motion to accept the proposed 2005-2006 budget with a four thousand dollar allocation to the County Emergency Manager position. Trustee Williams seconded the motion and the motion carried unanimously. Resolution Number 25, Series 2004 Mayor Evans read Resolution Number 24, Series 2004, A RESOLUTION PROVIDING THAT CERTAIN ELECTED AND/OR APPOINTED OFFICIALS OF THE TOWN OF SILT SHALL BE DEEMED NOT TO BE "EMPLOYEES" WITHIN THE MEANING OF THE WORKERS' COMPENSATION LAWS Administrator Aluise stated that this resolution is a yearly formality to exempt the Planning Commission and Board of Adjustments from workers compensation laws. Trustee Mahan made a motion to approve Resolution Number 24, Series 2004, A RESOLUTION PROVIDING THAT CERTAIN ELECTED AND/OR APPOINTED OFFICIALS OF THE TOWN OF SILT SHALL BE DEEMED NOT TO BE "EMPLOYEES" WITHIN THE MEANING OF THE WORKERS' COMPENSATION LAWS. Trustee Tibbetts seconded the motion and the motion carried unanimously. County Emergency Manager discussion Present tonight is Fire Chief Brit McLin and Chief of Police, Paul Taylor to answer any questions. Mr. McLin stated that state law mandates emergency management, and that each sub -agency is required to have an emergency management plan. Garfield County is asking each town for a commitment to assist in paying the salary for this position. The county will pay half of the salary cost with the remainder to be spread out between the other agencies. This position will report to a public safety council selected from people within the agencies. Chief Taylor stated that Garfield County has had the highest number of emergency incidents during the last ten years than any other county in the state. Being part of this plan will offer Silt items such as grants, HAZMAT funding, Red Cross assistance, and other outside resources. Silt is unique in the fact that it is located next to Interstate -70, the railroad, the Colorado River and has a volunteer fire department. Administrator Aluise stated that the funding could be found within the budget to offer four thousand dollars towards this position. B.O.T. 10/12/04 4 Trustee Moore made a motion to offer two thousand dollars the first year, and upon review at the end of the first year, four thousand dollars could be offered for the following year. The motion died with no second. Trustee Tibbetts made a motion to allocate four thousand dollars to the County Emergency Manager salary. Trustee Mahan seconded the motion and the motion carried unanimously. Mr. McLin thanked the board on their decision and their trust in Chief Taylors' and the Fire Departments' judgement. Silt Trade Center code enforcement Director Steinbach has supplied a copy of each code enforcement letter that will be sent out to those businesses within the Silt Trade Center for the boards' comments and concerns. It was suggested to soften the tone of the letters by thanking the business owners for their contributions to the town, while addressing absence of landscaping, lack of business licenses and all other areas of concern by the town. The letters should also say that the town would like to see the changes requested by the first of the year, at which time it will be revisited again. There was a consensus of the board for the changes discussed. Town Administrator Reports Administrator Aluise thanked the board on their hard work during the budget process. The water plant has been advertised for bid and reclamation continues at the old lagoon site. Mr. Aluise discussed the out-of-town users agreement for Heron's Nest. Cory Nielson still has an outstanding balance with the town. There is an application process that Mr. Nielson needs to go through to be an out-of-town user, and Attorney Tester is reviewing the agreement now. There was brief discussion about Dwain Watson, and how difficult it has been to work with him. Similar concerns have been experienced by other communities and engineering firms. Trustee Mahan suggested that staff cease work on the Heron's Nest project until their balance is paid in full. There was a consensus of the board to stop all further work until full payment is made and a written application is received. There was brief discussion regarding the Dry Creek lawsuit and SW D, LLC. Stillwater will be coming up on another deadline at the end of the year to have funding in place and security posted. The Red River Motel is still waiting on an engineer to inspect the retaining wall and sign off on it. Staff added that the wall wasn't built to the height that it was designed for. No backfilling has taken place as the wall has already failed. It was discussed to have the towns' building inspector contact the engineer to address this situation and get it completed. There was discussion regarding Haliburtons' interest in leasing a portion of the Silt Building at 401 Main Street. Staff stated that Haliburton has leased property from Union Pacific between Fifth and Seventh Street to put in a rail spur. A special use permit would have to be applied for in addition to going through the Site Plan Review process. Staff gave an update on Kum & Go stating that they are still in the process of signing on a food partner. The owner of the Longbranch Grill and Saloon has been evicted, and the liquor license has reverted back to the original owner, Karen Donelson. B.O.T. 10/12/04 5 Planning & Zoning There were no planning and zoning comments. Town Attorney There were no town attorney comments. Board Comments Trustee Williams commented on the new commercial construction taking place in town and complimented staff on a job well done. Trustee Mahan suggested the board have a weed workday to address weeds on town property. Staff stated that public works would be addressing the weeds next week. Mayor Evans added that he hopes that next year the weeds can be addressed on a more consistent basis especially over at the new wastewater plant. Adjournment Trustee Tibbetts made a motion to adjourn. Trustee Moore seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 9:56 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk John Evans Mayor B.O.T. 10/12/04 6 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING SEPTEMBER 27, 2004 Budget workshop at 6:00 p.m. The Silt Board of Trustees held their regularly scheduled meeting on Monday, September 27, 2004 in the municipal council chambers. Mayor Evans called the meeting to order at 7:00 p.m. Roll call: Present Mayor John Evans Trustee Steve Eichhorst Trustee Tod Tibbetts Trustee Dennis Mahan Trustee Dave Moore Trustee Doug Williams Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Community Development Director Janet Steinbach and members of the public and press. Pledge of Allegiance Agenda Changes Administrator Aluise asked to move forward items "E", the 2003 Audit Presentation, "H", the Silt Trade Center & Stoney Ridge discussion and "G", Resolution Number 26, Series 2004 to all take place after public comments. Conflicts of Interest Director Steinbach stated that she is a resident of Eagles View Estates and cannot speak personally on any issues regarding this subdivision. Consent Agenda Minutes of the September 13, 2004 Board of Trustees meeting Minutes of the August West Care Ambulance Service meeting August financials Trustee Tibbetts made a motion to approve the consent agenda. Trustee Mahan seconded the motion and the motion carried with Trustee Eichhorst abstaining. Public Comments Dale McCall, representing the board of directors for the Eagles View Home Owners Association, would like to address an action that was taken at the August 9, 2004 meeting regarding traffic control in this subdivision. The trustees were given a letter from Mr. McCall on behalf of the B.O.T. 9/27/04 1 Board of Directors that he read into the record. The directors are asking for either an amendment to the original motion or a completely new motion stating that construction traffic should be required to use the Sixteenth Street entrance instead of First Mesa Drive to gain access to the Stoney Ridge development. Mr. McCall stated that the main concern is for public safety. Several options were discussed and according to the Subdivision Improvements Agreement for Stoney Ridge, the owner of that property is required to exercise reasonable caution for the protection and safety of others. The board determined that Mr. McCall should contact Kelly Lyon regarding the construction traffic. Trustee Williams suggested that the building department inform contractors of the appropriate access to Stoney Ridge when picking of their building permits. Action Items 2003 Audit presentation — Johnson, Holscher & Company Paul Holscher is here tonight to present the 2003 audit. Mr. Holscher went through the audit with the board. He explained that the total general fund equity is a little thin compared to the size of our general fund. This equity amount should be around ten percent of the general fund. Mr. Holscher explained the changes that will be taking effect in 2004. Some of the changes include the need to depreciate the towns' general fixed assets. It was suggested that the town purchase a depreciation program package from Caselle. Silt Trade Center & Stoney Ridge review Administrator Aluise stated that he had contacted Kelly Lyon on behalf of the board to attend tonights meeting but received no response. Mr. Lyon has put down the second lift of asphalt in the Silt Trade Center in addition to some of the other items addressed by staff in a letter to him dated August 16, 2004. There is still an issue with drainage into the ballpark and a water meter that needs to be installed at the old "Mazuchi" residence in Stoney Ridge. Trustee Moore stated that he had spoken with Kelly Lyon, and that Michael Lyon was going to go look at the drainage situation. Mr. Aluise commented that the retention pond will possibly need to be dredged out, plus revegetation in the area of the erosion. Mr. Aluise explained that the town is still in need of a special warranty deed for the dedication of all open space and parkland, and that the county records still show the property belonging to Kelly Lyon. Staff is also waiting for submittal of the as -built plans for the first phase. Mr. Aluise addressed a question from Dennis Burk regarding the completion of the sidewalk and the unsightliness of the weeds. It was explained that this is a second phase requirement. Mr. Burk stated that he was concerned with the weeds and would maintain the area if Mr. Lyon would at least knock them down. There was some discussion about language in Ordinance No. 26-98 that stated that the developer shall make an amendment to the PUD to adopt the towns' sign code. Mr. Lyon failed to follow up on the change to the plat. Staff will continue to enforce the PUD guidelines as they are written. B.O.T. 9/27/04 2 Resolution Number 26, Series 2004 Mayor Evans read Resolution Number 26, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, TO ALLOW DELAYED CONSTRUCTION OF AN ASPHALT PARKING LOT ASSOCIATED WITH THE BUSINESS LOCATED AT 820 MAIN STREET Glenn Ault is present tonight to request a delay in construction of an asphalt parking lot. Director Steinbach stated the conditions listed in the resolution. It was agreed that Mr. Ault only be required to mark the handicap space and not stripe the remainder of the parking spaces. Trustee Tibbetts made a motion to approve Resolution Number 26, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, TO ALLOW DELAYED CONSTRUCTION OF AN ASPHALT PARKING LOT ASSOCIATED WITH THE BUSINESS LOCATED AT 820 MAIN STREET. Trustee Williams seconded the motion and the motion carried with Trustee Mahan voting nay. Public Hearings Ordinance Number 27, Series 2004 — Second reading Mayor Evans read Ordinance Number 27, Series 2004, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO CERTAIN PROPERTY KNOWN AS THE WETLANDS PARK PROJECT Director Steinbach stated that annexation of this property would assist the town in mitigation and grants. Mayor Evans opened the public hearing at 8:41 p.m. Dennis Burk asked what was planned for in this area and agreed that it would be a nice improvement. Mayor Evans closed the public hearing at 8:42 p.m. Trustee Eichhorst made a motion to approve Ordinance Number 27, Series 2004, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO CERTAIN PROPERTY KNOWN AS THE WETLANDS PARK PROJECT. Trustee Tibbetts seconded the motion and the motion carried unanimously. Ordinance Number 25, Series 2004 — Second reading Mayor Evans read Ordinance Number 25, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ZONING AS PUBLIC UTILITY ZONE DISTRICT THAT PROPERTY KNOWN AS THE WETLANDS PARK PROJECT ANNEXATION Director Steinbach stated that this zoning would apply to the annexation the board just approved by Ordinance No. 27-04. B.O.T. 9/27/04 3 Mayor Evans opened the public hearing at 8:44 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:44 p.m. Trustee Eichhorst made a motion to approve Ordinance Number 25, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ZONING AS PUBLIC UTILITY ZONE DISTRICT THAT PROPERTY KNOWN AS THE WETLANDS PARK PROJECT ANNEXATION. Trustee Tibbetts seconded the motion and the motion carried unanimously. Ordinance Number 26, Series 2004 — Second reading Mayor Evans read Ordinance Number 26, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ZONING AS R-2 GENERAL RESIDENTIAL DISTRICT THAT PROPERTY KNOWN AS BLOCK 2, LOTS 1 THROUGH 3, ORIGINAL TOWNSITE Director Steinbach stated that lots four through fourteen have already been rezoned as residential, and staff feels it appropriate to rezone these last three lots. Mayor Evans opened the public hearing at 8:46 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:46 p.m. Trustee Mahan made a motion approve Ordinance Number 26, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ZONING AS R-2 GENERAL RESIDENTIAL DISTRICT THAT PROPERTY KNOWN AS BLOCK 2, LOTS 1 THROUGH 3, ORIGINAL TOWNSITE. Trustee Williams seconded the motion and the motion carried unanimously. Resolution Number 25, Series 2004 Mayor Evans read Resolution Number 25, Series 2004, A RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF TRUSTEES FOR THE SERVICES OF ROXAN JAKARY AS A TRUSTEE OF THE TOWN OF SILT Ms. Jakary was unable to attend tonight. Mayor Evans expressed the appreciation from the Board to Roxan Jakary for her services as a trustee. Trustee Tibbetts made a motion to approve Resolution Number 25, Series 2004, A RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF TRUSTEES FOR THE SERVICES OF ROXAN JAKARY AS A TRUSTEE OF THE TOWN OF SILT. Trustee Eichhorst seconded the motion and the motion carried unanimously. B.O.T. 9/27/04 4 Action Item County Emergency Manager discussion Administrator Aluise stated that this has been before the board previously. The county is asking communities to contribute to hiring an emergency manager, with the county paying half of the salary and the remainder to be split between the communities involved. The Town of Silt's share would be four thousand dollars. This amount was not budgeted for. Trustee Mahan stated that the county has had someone in the past to do this job. He added that each town has their own Chief of Police as well as a Fire Chief who should already be trained on emergency situations. Trustee Moore asked what would happen if the town does not contribute. It was suggested to have Chief Taylor and Fire Chief McLin comment on this position to determine if this would be appropriate. Trustee Tibbetts made a motion to continue this discussion until the October 12, 2004 meeting. Trustee Williams seconded the motion and the motion carried unanimously. Town Administrator Reports Administrator Aluise stated that the town's engineer is resubmitting mapping to FEMA for determination. The parking lot at town hall has been cracked sealed. Mr. Aluise asked if there might be a need for another budget workshop and there was a consensus of the board that they feel the 2005 budget is ready to go. There was brief discussion regarding a party interested in purchasing the Heron's Nest development and annexing into the town. The board also discussed the unauthorized work that has taken place in Silt Building, LLC. During the past, permits were not obtained for interior work, and many of the changes are not up to building code, such as firewall separations. The town has placed stop work orders on all interior construction to assist with bringing the building back up to code. Planning & Zoning There were no planning and zoning comments. Town Attorney There were no town attorney comments. Board Comments Trustee Tibbetts commended staff on a job well done on this year's budget. Staff has managed to take a bad situation and bring it up to total auditing standards. Trustee Mahan complimented B.O.T. 9/27/04 5 Columbine Liquor on their remodel. Mayor Evans also thanked staff on the good job preparing the 2005 budget. Adjournment Trustee Mahan made a motion to adjourn. Trustee Tibbetts seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 9:16 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk John Evans Mayor B.O.T. 9/27/04 6 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING AUGUST 23, 2004 The Silt Board of Trustees held their regularly scheduled meeting on Monday, August 23, 2004 in the municipal council chambers. Mayor Evans called the meeting to order at 7:00 p.m. Roll call: Present Mayor John Evans Trustee Tod Tibbetts Trustee Dennis Mahan Trustee Dave Moore Trustee Roxan Jakary Trustee Doug Williams Trustee Steve Eichhorst Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Community Development Director Janet Steinbach, Town Attorney Cindy Tester and members of the public and press. Pledge of Allegiance Agenda Changes Administrator Aluise asked to move forward item "L", the Silt Express paving site plan review to take place after public comments. Trustee Mahan asked if the board would consider moving board comments up on the agenda to take place after public comments. There was a consensus to make this change. Conflicts of Interest There were no conflicts of interest. Consent Agenda Minutes of the August 9, 2004 Board of Trustees meeting July financials Trustees Mahan and Moore asked to go over some line items in the financial report. Trustee Mahan asked for a minor change in the minutes to read "withdrawn" instead of "withdrew" on page nine. Trustee Mahan made a motion to approve the consent agenda with the change noted. Trustee Eichhorst seconded the motion and the motion carried unanimously. B.O.T. 8/23/04 Public Comments There were no public comments. Board Comments Trustee Moore asked about the Dry Creek lawsuit. Attorney Tester briefed the board on the status as it stands today adding that it is not over yet. Mr. Moore added he had spoken with Robert Savage and he stated that when the town releases water from above, his basement is flooded. Staff will check into this and see if a larger culvert is needed. Trustee Jakary stated that she had spoken with Kelly Lyon, who said that he was frustrated with staff so Ms. Jakary suggested that he come before the board with his concerns. Ms. Jakary went over a list from Mr. Lyon that stated his complaints. Trustee Jakary added that she feels that staff and the board are also experiencing the same frustration as well. Administrator Aluise voiced his frustrations with the accusations towards staff. He added that he has not received any complaints about employees, and that if he had, they would have been addressed immediately. Mr. Aluise stated that sometimes it appears that when contractors do not get their way, they tend to criticize staff. He added that if someone should have a complaint, they should come to him or the board with a date and time of the occurrence so that it can be investigated. Trustee Tibbetts stated that the stop sign has been stolen at 4th and Ballard again and that if someone has a problem with this sign, they should come forward. This sign was put in place for safety reasons. Trustee Mahan asked if a sign survey could be done adding that there are a number of stop signs that need to be replaced that no longer reflect and are faded. These types of signs could pose a liability for the town. It was suggested to budget for new signs in 2005. Silt Express paving — Site plan review Glenn Ault distributed a site plan along with a bid to have the paving done at the Silt Express parking lot. Trustee Eichhorst stated that he feels that the board should not address this tonight since this information was received at the last minute. Mr. Ault complimented staff stating that they are easy to work with. Trustee Tibbetts made a motion to continue this item to the September 13, 2004 meeting. Trustee Moore seconded the motion and the motion carried unanimously. Public Hearings Emergency Ordinance Number 14, Series 2004 Mayor Evans read Emergency Ordinance Number 14, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, APPROVING AND AUTHORIZING THE TOWN TO ENTER INTO A SINGLE FISCALYEAR FINANCIAL OBLIGATION SALES TAX INCENTIVE REIMBURSEMENT PROGRAM WITH THE DEVELOPER OF THE SILT MARKET, KELLY AND MICHAEL LYON B.O.T. 8/23/04 2 FAMILY, LLC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO; AND DECLARING AN EMERGENCY THERETO Administrator Aluise stated that Kelly Lyon has requested a continuance of this ordinance to the September 13, 2004 meeting. Trustee Tibbetts made a motion to continue Emergency Ordinance Number 14, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, APPROVING AND AUTHORIZING THE TOWN TO ENTER INTO A SINGLE FISCALYEAR FINANCIAL OBLIGATION SALES TAX INCENTIVE REIMBURSEMENT PROGRAM WITH THE DEVELOPER OF THE SILT MARKET, KELLY AND MICHAEL LYON FAMILY, LLC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO; AND DECLARING AN EMERGENCY THERETO to the September 13, 2004 meeting. Trustee Moore seconded the motion and the motion carried unanimously. Emergency Ordinance Number 17, Series 2004 Mayor Evans read Emergency Ordinance Number 17, Series 2004, AN ORDINANCE PROVIDING FOR A MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 2004 IN THE TOWN OF SILT, COLORADO, AND SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN A BALLOT ISSUE TO AUTHORIZE THE TOWN TO ENTER INTO A MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION WITH THE DEVELOPER OF THE SILT MARKET, KELLY AND MICHAEL LYON FAMILY, LLC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO AND DECLARING AN EMERGENCY Administrator Aluise stated that financing for the market was not complete in time to put this ballot measure before the voters. Staff is asking the board to table this ordinance indefinitely. Trustee Tibbetts made a motion to table indefinitely Emergency Ordinance Number 17, Series 2004, AN ORDINANCE PROVIDING FOR A MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 2004 IN THE TOWN OF SILT, COLORADO, AND SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN A BALLOT ISSUE TO AUTHORIZE THE TOWN TO ENTER INTO A MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION WITH THE DEVELOPER OF THE SILT MARKET, KELLY AND MICHAEL LYON FAMILY, LLC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO AND DECLARING AN EMERGENCY. Trustee Eichhorst seconded the motion and the motion carried unanimously. Ordinance Number 13, Series 2004 — Second reading Mayor Evans read Ordinance Number 13, Series 2004, AN ORDINANCE VACATING THAT PORTION OF SILVER SPUR DEDICATED STREET RIGHT-OF-WAY CUL-DE-SAC WITHIN THE SILT TRADE CENTER, TOWN OF SILT, COLORADO, AND RESERVING TO THE TOWN AN EASEMENT FOR UTILITY AND DRAINAGE PURPOSES Administrator Aluise stated that this ordinance is related to the two previous ordinances. Staff is requesting that this be continued to the September 13, 2004 meeting. If the applicant is still not in a position to follow through with this ordinance at that time, staff will then ask for it to be tabled. B.O.T. 8/23/04 3 Trustee Mahan made a motion to continue Ordinance Number 13, Series 2004, AN ORDINANCE VACATING THAT PORTION OF SILVER SPUR DEDICATED STREET RIGHT-OF-WAY CUL-DE- SAC WITHIN THE SILT TRADE CENTER, TOWN OF SILT, COLORADO, AND RESERVING TO THE TOWN AN EASEMENT FOR UTILITY AND DRAINAGE PURPOSES to the September 13, 2004 meeting. Trustee Moore seconded the motion and the motion carried unanimously. Emergency Ordinance Number 20, Series 2004 Mayor Evans read Emergency Ordinance Number 20, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO CALLING AN ELECTION ON NOVEMBER 2, 2004 TO AUTHORIZE THE IMPOSITION OF AN OCCUPATIONAL TAX AND SETTING THE TITLE AND CONTENT OF THE BALLOT ISSUE FOR THE ELECTION; AND DECLARING AN EMERGENCY RELATED THERETO Administrator Aluise briefed the board on this ordinance that will provide the ballot language should it be approved tonight. If it is approved, an additional ordinance is included that addresses occupation tax for review only. Trustee Mahan stated that he does not believe this ordinance is a good idea and does not want it to go to a vote. Administrator Aluise explained how this ordinance was originally intended to address lodging tax, but the town cannot pursue this avenue since it is statutory, but an "occupation tax" related to lodging could be implemented to address this though. Attorney Tester stated that the ordinance could be modified to exactly what the board feels is necessary. Trustee Moore stated that the additional revenues could be put to good use to assist in the beautification of the town. Trustee Williams also felt that this should go on the ballot this year. It was also discussed to bring this back in two years after the board has had more time to fairly review it. Mayor Evans opened the public hearing at 8:21 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:21 p.m. Trustee Moore made a motion to have staff change the wording so that it states that there will be a charge of $5.00 per person, per night, per room; that the money would be used towards town beautification; and that the board be able to review these changes before next meeting. Attorney Tester read the revised ballot language with the changes requested in Trustee Moore's motion. There was discussion on the complexity of the ordinance and where the money would be used. Trustee Moore withdrew his first motion. Trustee Moore made a motion to approve Emergency Ordinance Number 20, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO CALLING AN ELECTION ON NOVEMBER 2, 2004 TO AUTHORIZE THE IMPOSITION OF AN OCCUPATIONAL TAX AND SETTING THE TITLE AND CONTENT OF THE BALLOT ISSUE FOR THE ELECTION; AND DECLARING AN EMERGENCY RELATED THERETO with changes to the wording of Exhibit "A" to say the "occupational tax on lodging", and that it be earmarked for beautification of the Town of Silt. Trustee Williams seconded the motion and the motion failed with Mayor Evans and Trustees Mahan, Tibbetts, Eichhorst and Jakary voting nay. B.O.T. 8/23/04 4 Ordinance Number 10, Series 2004 — Second reading Mayor Evans read Ordinance Number 10, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ADOPTING CHAPTER 17.74 OF THE SILT MUNICIPAL CODE RELATED TO THE LAND USE REGULATION OF OIL AND GAS DEVELOPMENT Administrator Aluise stated that at the last meeting the board had instructed legal staff to make changes to this ordinance regarding fees applied to each individual well in Stillwater and to reference the OGCC regulations where appropriate. There was discussion of the $1000 inspection fees for each well, the applicable building codes and clarification of directional drilling. Attorney Tester stated that the fees charged should be reasonably related to the service that we would be providing. Trustee Tibbetts added that the fee could be changed in the future if it's proven that the $1000 fee is too low. Mayor Evans opened the public hearing at 8:58 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:58 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 10, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ADOPTING CHAPTER 17.74 OF THE SILT MUNICIPAL CODE RELATED TO THE LAND USE REGULATION OF OIL AND GAS DEVELOPMENT with an addition to section 17.74.030, of "and any other appropriate building code" and also the addition of references to directional drilling where appropriate. Trustee Mahan seconded the motion and the motion carried with Trustee Moore voting nay. Resolution Number 22, Series 2004 Mayor Evans read Resolution Number 22, Series 2004, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE ANNEXATION OF THE 7.7 - ACRE SITE KNOWN AS THE "WETLANDS PARK PROJECT" EAST OF THE INTERSTATE -70 INTERCHANGE WITHIN THE TOWN OF SILT Director Steinbach stated this application is in compliance for annexation. This ordinance will bring the wetlands into the towns' jurisdiction so that the town can control the mitigation, if any, on this site. Mayor Evans opened the public hearing at 9:04 p.m. There were no public comments. Mayor Evans closed the public hearing at 9:04 p.m. Trustee Tibbetts made a motion to approve Resolution Number 22, Series 2004, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE ANNEXATION OF THE 7.7 -ACRE SITE KNOWN AS THE "WETLANDS PARK PROJECT" EAST OF THE B.O.T. 8/23/04 5 INTERSTATE -70 INTERCHANGE WITHIN THE TOWN OF SILT. Trustee Eichhorst seconded the motion and the motion carried unanimously. Emergency Ordinance Number 21, Series 2004 Mayor Evans read Emergency Ordinance Number 21, Series 2004, AN ORDINANCE PROVIDING FOR A MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 2004 IN THE TOWN OF SILT, COLORADO, AND SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN A BALLOT ISSUE TO AUTHORIZE THE TOWN TO ENTER INTO A MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION WITH THE DEVELOPER OF KUM AND GO, PROVIDING FOR OTHER MATTERS PROPERLY RELATING, AND DECLARING AN EMERGENCY THERETO Administrator Aluise stated that a revision was made to the ballot language to help clarify its meaning. Mayor Evans opened the public hearing at 9:08 p.m. There were no public comments. Mayor Evans closed the public hearing at 9:08 p.m. Trustee Mahan made a motion to approve Emergency Ordinance Number 21, Series 2004, AN ORDINANCE PROVIDING FOR A MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 2004 IN THE TOWN OF SILT, COLORADO, AND SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN A BALLOT ISSUE TO AUTHORIZE THE TOWN TO ENTER INTO A MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION WITH THE DEVELOPER OF KUM AND GO, PROVIDING FOR OTHER MATTERS PROPERLY RELATING, AND DECLARING AN EMERGENCY THERETO. Trustee Moore seconded the motion and the motion carried unanimously. Emergency Ordinance Number 22, Series 2004 Mayor Evans read Emergency Ordinance Number 22, Series 2004, AN ORDINANCE CALLING AN ELECTION ON NOVEMBER 2, 2004 TO AUTHORIZE THE IMPOSITION OF A ROARING FORK TRANSPORTATION AUTHORITY SALES AND USE TAX; TO AUTHORIZE THE TOWN OF SILT TO BECOME A MEMBER OF THE ROARING FORK TRANSPORTATION AUTHORITY PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT; SETTING THE BALLOT TITLE AND BALLOT QUESTION FOR THE ELECTION; PROVIDING OTHER MATTERS AND RATIFYING ACTION PREVIOUSLY TAKEN RELATING THERETO, AND DECLARING AN EMERGENCY Dan Blankenship, CEO of RFTA and Dan Richardson, member of the RFTA board are present tonight. The trustees had requested at the last meeting that Mr. Blankenship take to the RFTA board, Silt's desire to become a member at 2/10 of a percent instead of RFTA's requested 4/10. Mr. Blankenship stated that while the RFTA board understands Silt's concerns, the request of 2/10 could not be considered an option. Mayor Evans opened the public hearing at 9:30 p.m. B.O.T. 8/23/04 6 There were no public comments. Mayor Evans closed the public hearing at 9:30 p.m. Trustee Tibbetts made a motion to approve Emergency Ordinance Number 22, Series 2004, AN ORDINANCE CALLING AN ELECTION ON NOVEMBER 2, 2004 TO AUTHORIZE THE IMPOSITION OF A ROARING FORK TRANSPORTATION AUTHORITY SALES AND USE TAX; TO AUTHORIZE THE TOWN OF SILT TO BECOME A MEMBER OF THE ROARING FORK TRANSPORTATION AUTHORITY PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT; SETTING THE BALLOT TITLE AND BALLOT QUESTION FOR THE ELECTION; PROVIDING OTHER MATTERS AND RATIFYING ACTION PREVIOUSLY TAKEN RELATING THERETO, AND DECLARING AN EMERGENCY with the changes in appendix "A" that the taxes levied be raised to $43,000 and that the amount of 4/10 be made in the appropriate places within the document. Trustee Williams seconded the motion and the motion carried with Trustee Eichhorst voting nay. First reading — Intergovernmental agreement concerning a vote to join the Roaring Fork Transportation Authority Dan Blankenship explained that the IGA would be executed, showing that the town is planning on putting it on the ballot. Administrator Aluise added that the existing IGA would be amended, subject to voter approval. Mayor Evans opened the public hearing at 9:39 p.m. There were no public comments. Mayor Evans closed the public hearing at 9:39 p.m. Trustee Tibbetts made a motion to approve the Intergovernmental agreement concerning a vote to join the Roaring Fork Transportation Authority with the following changes: Items 11 and the second from the last, changing 0.2 to 0.4 percent, 15 (d) the Town of Silt is listed twice, strike one and add the Town of New Castle, the last three items need to be renumbered and that a copy of the existing IGA be included in the next packet for comparison. Trustee Mahan seconded the motion and the motion carried with Trustee Eichhorst voting nay. Ordinance Number 24, Series 2004 Mayor Evans read Ordinance Number 24, Series 2004, AN EMERGENCY ORDINANCE OF THE TOWN OF SILT, COLORADO, EXTENDING THE DATE TO BAN OPEN FIRES Trustee Tibbetts asked if charcoal grills were allowed within the town limits. Administrator Aluise stated that they would be permissible. Mayor Evans opened the public hearing at 9:47 p.m. There were no public comments. Mayor Evans closed the public hearing at 9:47 p.m. 7 B.O.T. 8/23/04 Trustee Mahan made a motion to approve Ordinance Number 24, Series 2004, AN EMERGENCY ORDINANCE OF THE TOWN OF SILT, COLORADO EXTENDING THE DATE TO BAN OPEN FIRES. Trustee Moore seconded the motion and the motion carried unanimously. Action Items Kid Voting Education Presentation Richard Doran is here tonight as a volunteer director for Kids Voting. Founded in 1988 in Phoenix, kids voting uses ballot with pictures on them. Mr. Doran explained the procedure, stating that there will be voting boxes in all precincts, and lesson plans will be provided to teachers to assist in educating. He added that children need an introduction into the real world, before they get into the real world, and this is a great program to supply that. Mr. Doran is asking the board to consider being a community sponsor to their program. Mr. Doran added that it has been found that children who participate in this program, actually helps to raise adult participation by five to ten percent. The anticipated participation this year is expected to be 10,500 kids, up from 926 last year, with results published with the regular election results. The board stated that funds available for this program would not be known until the budget process later this year. Trustee Williams recommended referring Mr. Doran to the Lions Club for a donation. There was a consensus of the board to add this program to the budget for a donation in 2005. Save the Roan Plateau campaign — Pete Kolbenschlag Pete Kolbenschlag was not in attendance for his presentation. Town Administrator Reports Administrator Aluise stated that the newly revised website is up and running even though it is still in it's preliminary stages. Patching has taken place on the corner of 16th Street and Main. Public Works is still working on curbing for that location. The water plant should go to bid either by the end of September or early October. Mr. Aluise stated that he had spoken with Ed Sutton and was told that everything should be worked out with Roger Dixon by August 25, 2004. Trustee Eichhorst stated that he had spoken with Public Works Director Gerry Pace, and that Mr. Pace had concerns regarding infrastructure that may have been overlooked. Staff and the trustees should document all concerns they may have regarding the Stillwater project should it be necessary later on. Administrator Aluise commented on the letter to Kelly Lyon that was discussed earlier this evening. With response to the accusations of staff being rude to Mr. Lyon, he is not aware of this ever happening. Mr. Aluise had sent a letter to Mr. Lyon last week which he felt was not rude, and only straight forward and strictly business. This same letter also compliments Mr. Lyon for the fine work he has done in town. Staff tries hard to see that developers adhere to their contracts and provide securities so that the taxpayers are not left footing the bill. It is felt that staff is watching out for the good of the town. Mr. Aluise stated that he was not rude to Mr. Lyon, and that his letter exemplifies B.O.T. 8/23/04 8 that. A resolution to this would be for Mr. Aluise to halt all verbal communications with Mr. Lyon and provide all communications to him in writing. Attorney Tester offered ways to respond to these types of complaints. If it is a personnel matter, staff has the option to go into executive session, or discuss it in open session. Ms. Tester added that when someone calls a trustee with a list of grievances, and the trustee feels disturbed by it, they should tell that person that they need to come forward and talk about it in either open or executive session. As a matter of fairness, the employee has the right to address those grievances. Trustee Jakary commented that she has to wonder why the people who complain such as this, don't show up to address their concerns. Attorney Tester stated that the same types of complaints towards staff by Mr. Lyon that were heard tonight, were also made in the 1970's when he was working on a project in Marble, CO. that also was related to infrastructure issues. She added that the board should hear the concerns from him to see what is going on instead of just hearing the accusations. Trustee Jakary commented that if people are reacting this way, it might be because staff is doing a good job enforcing the codes and the documents that have been put in writing. It's not like the old days when people did business on a handshake. Ms. Jakary added that people have to be accountable now in a different way, and that the transition is difficult for them. Administrator Aluise stated that he had not had one single complaint from Mr. Lyon or any of the engineers that he mentioned, in either writing or verbally that give him a date specific, a time, or anything else to show that these instances have occurred. Administrator Aluise added that the representatives from Kum & Go, Bill Solinger and other developers have told the board how staff is watching out for the town and has been great to work with. If there is a valid complaint, there is a process to go through to address and take care of it. Mr. Aluise stated that he is not going to just give developers their way and then have them turn around and denigrate staff for no reason. Trustee Moore stated that Mr. Lyon should have come before the board to discuss his concerns. Trustee Mahan stated that the board needs to be certain that staff is being pleasant to people at all times. He added that people tend to come to town hall to vent and that it can be difficult not to react in a negative manner, but that customer service need to be emphasized, and people should be greeted in a pleasant way. Mayor Evans commented that he gets good service when he calls town hall, adding that Marie does a great job with the phone. He added that any person who has a problem with the town needs to go through the proper channels, document their concerns and bring it to the board, otherwise it is just considered hearsay. Trustee Jakary asked about the status of the vehicles parked at the east end of the Silt Trade Center property as well as people speeding. Trustee Moore also asked the status of the code enforcement issues in this area and Director Steinbach stated that staff is preparing a report for the board. Trustee Mahan asked about the junk cars parked on 5th Street. Administrator Aluise stated that the vehicles couldn't be parked there if they are not licensed. Trustee Mahan asked if there would be a location appropriate in town for a swimming pool if the money could be raised for one. Mr. Aluise stated that staff has some preliminary ideas for a pool, and to locate it near the new ball field behind the town shop on 7' Street. Staff would like to create a sports complex in this location. Trustee Jakary asked about Heron's Nest, and Administrator Aluise stated that staff has received the revised users agreement and that there should be a meeting with them next week. B.O.T. 8/23/04 9 Trustee Moore asked about having Silt Building pave their lot. Director Steinbach explained that their agreement with the town states that the lot will be paved after the sale of five units. Mayor Evans asked about the status of the roundabout. Director Steinbach stated that she now has a new sketch and that staff will be getting additional engineering recommendations. The board was asked to consider holding workshops in the future so that the public can be invited to see the future plans. Planning & Zoning Silt Trade Center Paving There was discussion about the second lift of asphalt that Kelly Lyon is suppose to put in place according to the code and the Subdivision Improvements Agreement. Staff stated that this is a loose end that needs to be completed and that Mr. Lyons has not provided the town with security for the second lift and the town could be held financially responsible to complete it if the developer doesn't. Administrator Aluise explained that there is an agreement in place that states that the lift should have already been done but Mr. Lyon feels that it should be done at fifty percent build out. Even though staff feels that Mr. Lyon will pave, the town has no security should something unforeseen arise. Staff has asked Mr. Lyon to come to the board to request an amendment to his SIA, address the security issue and the timing of the paving. Town Attorney There were no town attorney comments. Executive Session There was no executive session. Adjournment Trustee Tibbetts made a motion to adjourn. Trustee Eichhorst seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 10:50 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk John Evans Mayor B.O.T. 8/23/04 10 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING JULY 12, 2004 The Silt Board of Trustees held their regularly scheduled meeting on Monday, July 12, 2004 in the municipal council chambers. Mayor Evans called the meeting to order at 6:59 p.m. Roll call: Present Mayor John Evans Trustee Tod Tibbetts Trustee Dennis Mahan Trustee Steve Eichhorst Trustee Dave Moore Trustee Roxan Jakary Trustee Doug Williams Also present were Town Administrator Rick Aluise, Deputy Town Clerk Melody Harrison, Community Development Director Janet Steinbach, Chief of Police Paul Taylor, Town Attorney Cindy Tester, Town Engineer Dave Kotz and members of the public. Pledge of Allegiance Agenda Changes There were no agenda changes Conflicts of Interest Trustee Mahan stated that the engineer for the Cozza Car Wash was a very good friend. He further stated that they have not discussed the car wash, and did not feel it was a conflict. Trustee Eichhorst stated that the attorney for Heron's Nest was his corporate attorney, but that they had not discussed Heron's Nest. Trustee Moore stated he had no conflict of interest with the applicant or with Heron's Nest principals. Although there has been a pre-existing relationship, the subject matter discussed by itself does not create a biased pre judgment or conflict of interest sufficient to exclude him from voting on the decision to de -annex Heron's Nest from Silt as de -annexation has not been a topic of discussion. Consent Agenda Minutes of the June 28, 2004 Board of Trustees meeting Minutes of the May 18, 2004 Planning Commission meeting May financials B.O.T. 7/12/04 1 Trustee Tibbetts made a motion to approve the consent agenda. Trustee Eichhorst seconded the motion and the motion carried unanimously. Citizen Recognition — Bev Thompson Mayor Evans announced that the Town staff prepared a citizen recognition for Bev Thompson. Town Administrator Aluise commented that Ms. Thompson is consistently involved with the Town, helping Staff, remembering birthdays and recently built some bat houses and donated them to the Town to assist with the mosquito problem. Mayor Evans asked Ms. Thompson to step forward and he presented her with a certificate of appreciation. Public Comments There were no public comments. Public Hearings Resolution Number 19, Series 2004 Mayor Evans read Resolution Number 19, Series 2004, A RESOLUTION APPROVING THE FERGUSON CROSSING PLANNED UNIT DEVELOPMENT ACCESS MANAGEMENT PLAN, AS PROPOSED BY C.R. COMMERCIAL PROPERTI HS AND APPROVED BY COLORADO DEPARTMENT OF TRANSPORTATION Administrator Aluise explained that Ferguson Crossing was still working on some financing and that the Staff informed them that the Town would do no further work until they settled their account. Staff requested continuance of this agenda item. Trustee Tibbetts made a motion to continue Resolution Number 19, Series 2004 as well as the Public Hearing until the July 26, 2004 BOT Meeting. Trustee Mahan seconded the motion and it passed unanimously. Ordinance Number 15, Series 2004 — Second reading Mayor Evans read Ordinance Number 15, Series 2004, AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT APPROVING THE DE -ANNEXATION OR DISCONNECTION OF THE HERON'S NEST DEVELOPMENT B.O.T. 7/12/04 2 Administrator Aluise addressed the Board and announced Mr. Cory Nielsen's presence in the audience. He also noted that in the packet was a draft copy of an out-of-town user agreement for the Board's review over the next few weeks. Mayor Evans inquired about the estimated cost of the ISDS system proposed and whether the field is large enough to handle the percolation in an appropriate manner. Mr. Nielsen responded that he understood there was enough acreage to accomplish appropriate percolation, but Nathan Bell of Gamba and Associates has completed only preliminary work. Dave Kotz confirmed that the physical space was there, but that he believed the percolation rates were an assumed value, and that the field size could change. Until the applicant does some testing, some values are unknown. Mayor Evans asked for clarification on the types of systems available and Mr. Kotz described mound systems (above grade) versus regular septic systems. Trustee Mahan questioned why the Town would concern themselves with Heron's Nest septic system since they are de -annexing and Mayer Evans stated that considering the location of Heron's Nest, he felt it was very much the Town's problem. Trustee Mahan also asked for clarification on whether the Town has any ability to comment or advise on development within certain distances from the Town. Mr. Kotz thought the review authority would be the State Site Application for the ISDS system, but that the Town is a review agency in that application. Mayor Evans stated that he was not in favor of de -annexing Heron's Nest, and that he believed it to be a mistake because of its location between the Town and the river. Additionally, this property is adjacent to the Town's most valuable commercial property, and the Town has spent many hours and money going through the annexation process. He felt that giving up the potential control was not in the Town's best interest. Mayor Evans opened the public hearing at 7:13 p.m. There were no public comments. Mayor Evans closed the public hearing at 7:13 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 15, Series 2004, AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT APPROVING THE DE -ANNEXATION OR DISCONNECTION OF THE HERON'S NEST DEVELOPMENT. Trustee Mahan seconded the motion and the motion carried with Mayor Evans voting nay and Trustee Moore abstaining. Mr. Nielsen asked to address the Board and stated that he and his wife felt certain that they would remain friendly with the Town. He further stated that he appreciated the work of the Board and Staff. Trustee Tibbetts suggested that it would be premature for the Board to spend time on the out-of-town user agreement, prior to the application submittal. Administrator Aluise noted that it was included in packet for informational purposes only and Attorney Tester informed that she drafted the agreement using an SIA as framework. B.O.T. 7/12/04 3 Ordinance Number 14, Series 2004 — Second reading Mayor Evans read Ordinance Number 14, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, APPROVING AND AUTHORIZING THE TOWN TO ENTER INTO A SINGLE FISCAL YEAR FINANCIAL OBLIGATION SALES TAX INCENTIVE REIMBURSEMENT PROGRAM WITH THE DEVELOPER OF THE SILT MARKET, KELLY AND MICHAEL LYON FAMILY, LLC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO Administrator Aluise stated that Staff recommends continuance of this item until the July 26, 2004 BOT meeting. The applicant is still working on financial considerations. As there have been no discussions about the contents of the Sales Tax Incentive Program (STIP), Administrator Aluise offered that the Board could discuss it either in open session or as a matter of negotiation in executive session. Mayor Evans said he would like to discuss the STIP at such time that the proposed grocery actually goes forward. Unless the Trustees have some overriding concerns, he felt that the discussion of the STIP would be premature. Trustees Eichhorst asked for clarification on how the STIP works in regard to the actual building; whether it included just upgrades or everything that is built. Administrator Aluise responded that the original ordinance passed by the Board established the criteria by which the Town reimburses a developer or business entity from the sales tax collected. There are specific areas where reimbursement can occur, and in the particular instance of the grocery store, the Town may reimburse the developer for the required architectural upgrades only. The Town will not reimburse the developer for the base cost of the building or the base cost of windows and facade. Lyon Commercial PUD (Silt Trade Center) is not governed by Site Plan Review; however, Kelly Lyon has volunteered to abide by the requirements of that ordinance and provide a westem theme to the front of the store, and those western theme upgrades will qualify for reimbursement. Trustee Eichhorst inquired as to the control on the reimbursement amounts. Administrator Aluise noted that in this particular STIP Ordinance it says "...actual costs not to exceed $407,330.00." If the actual cost is $290,000.00, then that is the extent of the reimbursement. Most if not all of the item costs would be subject to review by the Town engineer. Attorney Tester added that it is also subject to an agreement that would serve as the protocol by which the Town would implement the STIP. Trustee Eichhorst stated that he was concerned that the developer would expect the full $407,330.00, but that the actual costs would be less. He would like to avoid any unnecessary conflict later. Trustee Jakary questioned why it would be a valid request on the part of the developer to ask for reimbursement on upgrades that are not required. Administrator Aluise clarified that the developer could ask for reimbursement, but that the Board did not have to grant that request. Trustee Mahan inquired as to the deadline date for getting the STIP Ordinance on the November ballot, and Administrator Aluise replied that it was July 23, 2004 to let the county clerk know, in writing, that the Town wanted some issues on the ballot, such as a multi-year fiscal obligation (STIP). Staff included the letter to the County into the packet; however, Administrator Aluise clarified that this particular STIP ordinance is a single - year STIP and not a ballot issue. September 1 is the deadline to submit the ballot language. Trustee Jakary asked Mr. Kelly Lyon to advise them on the status of the project. Mr. Lyon stated that the bank requested that he co-sign a 1.5 million dollar note, but that he refused. Currently, Mr. Lyon is B.O.T. 7/12/04 4 trying to find another investor. As a side note, he added that banks do not like to loan on grocery stores and require almost twice the amount of the loan in collateral. He also stated that he thinks his company will make approximately three hundred thousand dollars on the project. A brief discussion took place regarding the profit margin of grocery stores. Administrator Aluise advised the Board that the issue for consideration is a single -year STIP ordinance and that Staff is requesting a continuance until the July 26, 2004 BOT Meeting. Trustee Eichhorst made a motion to continue the public hearing for Ordinance Number 14, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, APPROVING AND AUTHORIZING THE TOWN TO ENTER INTO A SINGLE FISCAL YEAR FINANCIAL OBLIGATION SALES TAX INCENTIVE REIMBURSEMENT PROGRAM WITH THE DEVELOPER OF THE SILT MARKET, KELLY AND MICHAEL LYON FAMILY, LLC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. Trustee Tibbetts seconded the motion and the motion carried unanimously. Emergency Ordinance Number 17, Series 2004 Mayor Evans read Emergency Ordinance Number 17, Series 2004, AN ORDINANCE PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 2004 IN THE TOWN OF SILT, COLORADO, AND SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN A BALLOT ISSUE TO AUTHORIZE THE TOWN TO ENTER INTO A MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION WITH THE DEVELOPER OF THE SILT MARKET, KELLY AND MICHAEL LYON FAMILY, LLC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO AND DECLARING AN EMERGENCY Administrator Aluise asked the Board to continue this item until the July 26, 2004 BOT meeting. Trustee Tibbetts made a motion to continue Emergency Ordinance Number 17, Series 2004, AN ORDINANCE PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 2004 IN THE TOWN OF SILT, COLORADO, AND SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN A BALLOT ISSUE TO AUTHORIZE THE TOWN TO ENTER INTO A MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION WITH THE DEVELOPER OF THE SILT MARKET, KELLY AND MICHAEL LYON FAMILY, LLC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO AND DECLARING AN EMERGENCY. Additionally, the Board authorized Staff to send the letter requesting three ballot spots to Garfield County. Trustee Eichhorst seconded the motion and the motion carried unanimously. B.O.T. 7/12/04 5 Ordinance Number 13, Series 2004 — Second reading Mayor Evans read Ordinance Number 13, Series 2004, AN ORDINANCE VACATING THAT PORTION OF SILVER SPUR DEDICATED STREET RIGHT-OF-WAY CUL-DE-SAC WITHIN THE SILT TRADE CENTER, TOWN OF SILT, COLORADO, AND RESERVING TO THE TOWN AN EASEMENT FOR UTILITY AND DRAINAGE PURPOSES Administrator Aluise advised that this ordinance relates to the previous ordinances in that the applicant proposes vacation of a cul-de-sac right-of-way so it may become part of the parking lot for the grocery store. The applicant requests a continuance so that drawings may be submitted and reviewed. Trustee Mahan made a motion to continue Ordinance Number 13, Series 2004, AN ORDINANCE VACATING THAT PORTION OF SILVER SPUR DEDICATED STREET RIGHT-OF-WAY CUL- DE-SAC WITHIN THE SILT TRADE CENTER, TOWN OF SILT, COLORADO, AND RESERVING TO THE TOWN AN EASEMENT FOR UTILITY AND DRAINAGE PURPOSES. Trustee Tibbetts seconded the motion and the motion carried unanimously. Action Items Resolution Number 20, Series 2004 Mayor Evans read Resolution Number 20, Series 2004, A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR THE 7.7 ACRE SITE KNOWN AS "THE WETLANDS PARK" PROJECT, EAST OF THE INTERSTATE -70 INTERCHANGE WITHIN THE TOWN OF SILT Community Development Director Janet Steinbach advised that this is a Resolution of Substantial Compliance, setting the public hearing for the Resolution of Findings of Facts and Conclusions regarding annexation of the property. After the public hearing is set and approved, there would be two readings of the annexation ordinance. She explained that Richard Gilstrap deeded the property to the Town of Silt so that the Town could create a wetlands park. Mr. Gilstrap also offered a wetlands park schematic with informational kiosks and a boardwalk. Additionally, the Town may need to use this land for wetlands mitigation. Wetlands mitigation projects must go through all the agencies that have jurisdiction over the parcel, in this case Garfield County. Any County process could cost the Town time and money. Director Steinbach requested that the Board of Trustees approve Resolution 20, Series of 2004, a Resolution of Substantial Compliance for the Annexation of the Wetlands Park Project. Trustee Moore asked what a wetlands park was. Director Steinbach explained that it was an area set up for the benefit of those who like wildlife viewing; it would have informational kiosks about the wetlands and serve as an area of preservation. The Army Corps of Engineers allows for boardwalks and gazebos B.O.T. 7/12/04 6 in wetlands areas, although no other development is allowed. Director Steinbach believes it would attract tourists from the interstate highway as well scheduled visits from area schools. In response to a question by Trustee Jakary, Director Steinbach explained the Army Corps of Engineers requirements for wetland mitigation. Director Steinbach believes there is approximately 1 acre of the wetlands available for mitigation purposes, a more exact number will be available once the wetlands delineation is done. Director Steinbach felt that annexing the property would provide a better opportunity for grant monies and would give the town better control over the mitigation process. Mayor Evans inquired about other properties in the Town where wetland mitigation is necessary, other than the wastewater facility. Director Steinbach responded that there might be some wetlands mitigation related to the trail alignment to Coal Ridge High School, as well as their on-site wetlands. Staff did not make any promises, but did offer that the school district approach the Board of Trustees. Ferguson Crossing also must mitigate wetlands, but have proposed to mitigate on site or incorporate wetlands into the landscaping. The EPA and the U.S. Army Corps of Engineers cited Kent & Kathy Strong for the drainage structures installed with the Spruce Meadows project. The Strongs, Dave Hicks and the Town are working cooperatively to resolve the issue. Currently, the Army Corps is insisting on removal of the drainage facilities. There was consensus that it would be wise for the Town to annex the wetlands. Trustee Tibbetts made a motion to approve Resolution Number 20, Series 2004, A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR THE 7.7 ACRE SITE KNOWN AS "THE WETLANDS PARK" PROJECT, EAST OF THE INTERSTATE -70 INTERCHANGE WITHIN THE TOWN OF SILT. Trustee Eichhorst seconded the motion and the motion carried unanimously. Cozza Car Wash — Site Plan Review (Keith Cozza arrived at 810pm.) Director Steinbach stated that although Mr. Cozza had not arrived, she would like to review the Staff Report for the Board. She stated that the applicants were proposing a car wash on the northeast corner of 2"d Street and Main Street, with access off 2'd Street, on five (5) lots, or 13,125 square feet. The car wash consists of three manual bays and one automatic bay, which will be operational in the future. Director Steinbach stated that staff recommended that the applicant pave the alley, due to the impact on the alley from vehicles exiting the car wash. She stated that all landscaping proposed is within the CDOT right-of-way, since it is the applicants' responsibility to maintain the right-of-way. Staff supports the applicants' landscaping and trail plan. The trail easement shall be fifteen (15) feet wide on the south and west property lines, within the applicants' property, and before issuance of the Certificate of Occupancy, the applicants will dedicate an easement for the public to utilize the trail. The applicant shall sign the trail both on the pavement and with signs at each entrance. Director Steinbach reviewed the southwestern architectural features of two-tone brick, stucco fascia, and shed roof over the coin - changer. B.O.T. 7/12/04 7 Mayor Evans stated he would like to see a continuous curb for the trail, in order to protect bicyclists and pedestrians. Director Steinbach stated that a continuous curb might create some problems related to the storm water drainage, in that not all the storm water from the impermeable surface could be sent through the culvert under State Highway 6. Town Engineer Kotz stated that he would review the application before building permit issuance. The Planning & Zoning Commission recommended four (4) foot long curb stops along the trail. Trustee Eichhorst would like to see the Town discontinue use of curb stops on the trail. Trustee Tibbetts inquired if the Town received sales tax revenue on a car wash and Administrator Aluise stated that the only revenue to the Town is from the water usage. Mr. Cozza stated that he intended to install vending machines with Armor -A11®, such items taxed. Trustee Tibbetts made a motion to approve the Cozza Car Wash Site Plan Review, to include the Staff and Planning & Zoning Commission recommendations on pages 12-13 of the Staff report. Trustee Mahan seconded the motion. Mayor Evans then stated that this was not a public hearing, but addressed the two gentlemen who had just entered Chambers and asked them if they had comments. Doug Baker, an Eagle's View resident requested the average daily household use of domestic water. He stated that last year the Town allotted 9000 gallons per month per customer, and this year the number is at 6,000 gallons per month per customer. Administrator Aluise advised Mayor Evans that this was a public comment and had no bearing on the issue at hand. Mr. Baker stated that he was offended that the Town was selling more water to a car wash. Mayor Evans advised Mr. Baker that there would be opportunity for comment at the appropriate time, but in this particular case, the comments were not relevant to the issue at hand. Trustee Tibbetts informed that Public Comment is scheduled at every Board of Trustees meeting at approximately 7:10. The next meeting is July 26. Mayor Evans also stated that perhaps Mr. Baker should put his questions or concerns in written form and submit to the Board. Administrator Aluise offered to meet with Mr. Baker the following day and review his concerns. Mayor Evans called for a vote, and the motion carried unanimously. RFTA & Kum & Go Information Administrator Aluise reported to the Board that the "Kum & Go" convenience store is interested in negotiating a Sales Tax Incentive Rebate Program with the Town. Administrator Aluise confirmed that the Town held a meeting with RFTA as the Board instructed. Staff scheduled the RFTA Sales Tax consideration for the next BOT agenda, again, and RFTA will provide more in-depth information about their finances, existing manner of functioning, etc. Administrator Aluise would like to reserve a spot on the November ballot for this issue; however, there is no obligation to fill the slot. He asked again for motion authorizing Staff to send the letter requesting three ballot slots to the county. B.O.T. 7/12/04 Trustee Mahan voiced a concem that Rifle would not consider the RFTA Sales Tax Rebate program and felt that this was something the Town of Silt should contemplate if there are plans to ask for a sales tax raise. The Board then discussed the issue of guarantying the Hogback Route either in perpetuity or for at least the same term as the sales tax. Administrator Aluise stated that was the same concern for the Garfield County Commissioners. RFTA plans to address that issue in the information they present to the Town. Administrator Aluise said that he could check with the Town Attomey on the legal aspects of wording the ballot in such a manner that if the Hogback Route ceased, then the tax would cease. Trustee Eichhorst understood that RFTA was quite rigid in not amending their intergovernmental agreements. Trustee Tibbetts reiterated that when a town initiates a sales tax, the Town joins the RFTA organization. The route determination is not part of the commitment to join, but is determined by the group. This scenario could result in discontinuance of the Hogback Route, but Silt would still be committed to providing sales tax revenue without any service. Administrator Aluise stated that he understood it took a two-thirds majority vote to discontinue any service. Once committed, a Town becomes a voting member. Should RFTA acquire two more members from down valley, the Hogback Route might remain. Trustee Moore felt that if RFTA was going to present to the Town a program that had some flaws in it, then perhaps the Town should question whether the Town wants to participate. Mayor Evans suggested the letter be sent to the County, but that did not mean to him that it would go on the ballot. Trustee Tibbetts stated that the letter to the Garfield County Clerk should be sent even if RFTA is not one of the items on the ballot. Trustee Williams felt the issue should go to the voters. Trustee Mahan made a motion to authorize Town Clerk McIntyre to send the letter requesting ballot space to the Garfield County Clerk & Recorder. Trustee Williams seconded the motion and it carried six -to -one with Trustee Eichhorst voting nay. Town Administrator Reports Administrator Aluise stated that the FEMA mapping continues; FEMA has received all the flood plain mapping information for the Colorado River Corridor. He thought the Town would have word within thirty (30) days on how FEMA would proceed with the flood plain mapping. Assistant Planner Harrison has been working diligently on the website upgrade and it is coming along nicely. Staff will be looking at the Oil and Gas ordinance and Administrator Aluise stated he is trying to schedule meetings with Rifle and the County to discuss it. Mosquito spraying did occur within the Town. The new water plant will go to bid in August. Cfl2SA coverage is in place for the Silt Hey Days celebration. Staff began work on budget issues. The Board retreat is scheduled for late August or early September. Budget review and budget work sessions will also occur and Administrator Aluise asked the Board members to be ready for those meetings. This year's budget appears to be balanced and with luck, there will be a small surplus in the general fund. Water funds and other funds are in good shape. The 2003 audit should soon be ready within a few months. The recreation coordinator set up a meeting with EnCana and EnCana has agreed to help with the ball field. EnCana was able to get approved a donation of $10,400.00 to help with the infield. They will be presenting a check to the Town on Thursday at the grand opening, and they have indicated a desire to help with other projects. B.O.T. 7/12/04 9 Mayor Evans inquired about Director Steinbach's meeting with Carl Dietz interest in purchasing Ferguson Crossing and Director Steinbach responded that the meeting occurred and the project was discussed at length. Mayor Evans inquired about timing for the Heron's Nest meeting regarding the Out - of -Town User Agreement, specifically if the August 31, 2004 deadline to still stands as the date for hook-up to the sewer system, and Administrator Aluise responded that the deadline appears firm. Trustee Tibbetts stated that Heron's Nest will install a modified mound system when Mr. Nielson realizes the costs of ISDS system. Mayor Evans inquired about traffic counts for roundabout, and Director Steinbach responded that the engineers should utilize traffic studies from Ferguson Crossing, Stillwater etc to calculate numbers. Mahan concerned about eighteen -wheelers making the roundabout and Director Steinbach stated that the roundabout proposed at 9th Street and Main Street is roughly the same size as the roundabout in Stoney Ridge subdivision, and that the Town will conduct a test on that roundabout with various vehicles. Mayor Evans suggested that Staff contact the Town of Frisco, and other towns that have installed roundabouts to discuss how well the roundabouts are working. Trustee Moore stated that he had spoken with the owner of Tim's Tools, and that there is concern that a lane divider will be installed too close to their entrance. Director Steinbach referred to the roundabout design drawing and stated that she would present the entire project to the Town Planning & Zoning Commission and Board of Trustees very soon. Trustee Mahan stated that he noted that the Riccadonna's Restaurant is going out of business. He inquired about the party responsible to pave the parking lot. Director Steinbach stated that she sent two letters, one in April and one in June, to remind the lot owner, Glenn Ault, to pave, but that there has been no response to the certified mailing. Administrator Aluise asked for board consensus to cite the lot owner. There was consensus give Mr. Ault the amount of time stated in the latest notice, and then cite if there is no correspondence from Mr. Ault to the Board of Trustees. Trustee Mahan inquired about the status for the RBW Automotive junked vehicles encroaching on Silt Building LLC land. Administrator Aluise informed that the Town could cite the owner(s) of the vehicles under the Town's abandoned and junked vehicle ordinances. Trustee Tibbetts expressed frustration with the Wallaces. Trustee Eichhorst stated that he does not believe the removal of seventeen (17) vehicles will put the Wallaces out of business, since the vehicles are for personal use, and not for their business use. Administrator Aluise stated that the Town has no authority to issue a special use permit for railroad right-of-way. Trustee Tibbetts stated that he has warned the Wallaces that they have no legal standing. Trustee Jakary stated a concern about Ernesto Escarcega's warehouse in Lyon PUD, where an auto shop uses adjacent land for its storage purposes. There was consensus that Staff draft a letter to Mr. Escarcega regarding the storage of vehicles. Mayor Evans stated that grounds maintenance is a major concern in Silt Trade Center. Trustee Tibbetts stated that there are rental properties on Orchard Avenue where vehicles are parking on the portion of the lot that should be landscaping. Administrator Aluise stated that Front Street is getting cleaned up, but that Staff would be diligent to assure compliance with the Code. Trustee Moore inquired if police can cite violators, and Director Steinbach stated that the police department often cites those violators not involving zoning issues. Trustee Moore stated that he has spoken with Robert Lyons about noise and dust pollution at the Red B.O.T. 7/12/04 10 River Motel, and Director Steinbach stated that the Town has issued several verbal and written warnings to the owner regarding dust, mud and erosion control, as well as construction waste behind the retaining wall. Trustee Moore stated that Robert Krivickas is concerned about paying full water rates for less than an EQR in his condominium units in Center Town Homes PUD. Administrator Aluise explained his contact with Mr. Krivickas, stating that his door is always open to help resolve citizen problems. Trustee Jakary stated that she was given information that the old "Food Stop" building is being turned into a topless bar. Administrator Aluise noted that zoning would not allow for such a use and that the Town Staff understands that the use will be a restaurant and nightclub. Trustee Jakery stated that she is concemed that no one represented the Town at Ardis Bartlett's memorial service. Administrator Aluise stated that he would attend memorial services on behalf of the Town if he is made aware of the date and time. Trustee Williams stated that he is concerned about the numerous irrigation water violations. Administrator Aluise stated that he would instruct the police department to cite the violators, but that certain citizens either have water rights in the Lower Cactus Valley Ditch or have been granted special permission due to de-mossing of the Silt Pump Canal. Planning & Zoning Director Steinbach informed that the Planning & Zoning Commission has only three (3) members and that P&Z will not have quorum for July 20 and August 3. She requested that the Board temporarily appoint two Trustees to the P&Z to avoid quorum problems, as the Community Development Department has numerous applications that need to be heard at P&Z. Trustee Moore stated that an attorney who works for Balcomb and Green and who lives in Center Town Homes, Deborah Davis, may be interested, and requested that Staff contact her. Trustees Williams and Eichhorst volunteered to attend the August 3 P & Z, and Trustee Williams volunteered to attend the July 13 (special meeting) and August 3. Trustee Jakary stated that Barry Bovee may be interested. Trustee Tibbetts made a motion to appoint Trustees Williams and Eichhorst to those P & Z meetings that they are able to attend. Trustee Moore seconded the motion and the motion carried unanimously. Director Steinbach informed that the Stoney Ridge Baseball Field Grand Opening is set for Thursday, July 15, 2004 at 5:00 p.m. and invited all the Trustees to attend. Director Steinbach informed that the Kum & Go convenience store is slated for the August 3, 2004 Planning & Zoning Commission meeting to determine compliance with Site Plan Review criteria. B.O.T. 7/12/04 11 Town Attorney There were no town attorney comments. Board Comments Trustee Eichhorst stated that he does not believe the voters will approve the RFTA tax request. Trustee Tibbetts inquired if it is possible for the Town to pave the trail between 16`h Street and underpass. Director Steinbach explained that there are two issued that make pavement of that section difficult. The first obstacle is that Valley Farms, Inc. and its agricultural operations are the only approved use of the tunnel, according to CDOT. Since bicycle/pedestrian uses are not generally compatible with agricultural vehicles, CDOT will not entertain a change in use. Th second obstacle is that the trail would necessarily cross the railroad tracks, and there is no way to prevent bicyclists and pedestrians from trying to beat the train (mechanized crossing). Mayor Evans inquired why Valley Farms, Inc. would annex and keep an agricultural use. Director Steinbach explained the code enforcement position that Valley Farms, Inc. and the County were embroiled in. Trustee Jakary requested that Mayor Evans further delineate his position relative to the Heron's Nest issue regarding annexation. Trustee Jakary requested feedback from the Board regarding the trainings pamphlets that she requested be put in the packet. Administrator Aluise stated that additional trainings are available through the Department of Local Affairs, with Tim Sarmo. Trustee Mahan commented that River Frontage Road has been patched and partially paved. Trustee Tibbetts confirmed this. Aluise stated CDOT is scheduling a chip seal of River Frontage Road. Executive Session There was no Executive Session. Adjournment Trustee Tibbetts made a motion to adjourn. Trustee Mahan seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 10:12 p.m. Respectfully submitted, Approved by the Board of Trustees: Melody L. Harrison, Deputy Town Clerk John Evans, Mayor B.O.T. 7/12/04 12 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING JUNE 28, 2004 The Silt Board of Trustees held their regularly scheduled meeting on Monday, June 28, 2004 in the municipal council chambers. Mayor Evans called the meeting to order at 7:00 p.m. Roll call: Present Mayor John Evans Trustee Tod Tibbetts Trustee Dennis Mahan Trustee Steve Eichhorst Trustee Dave Moore Trustee Roxan Jakary Trustee Doug Williams Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Community Development Director Janet Steinbach, Chief of Police Paul Taylor, Town Attorney Cindy Tester, Town Engineer Dave Kotz and members of the public and press. Pledge of Allegiance Agenda Changes There were no agenda changes. Conflicts of Interest Trustee Eichhorst stated that the attorney for Heron's Nest is his corporate attorney and that he has had no contact with him regarding any issues. Trustee Moore stated that he has no interest or conflict of interest in the applicant or Heron's Nest. There has been pre-existing relationships, however based on the subject matter discussed by itself, this does not create a biased, pre- judgement or conflict of interest sufficient to exclude him from voting on a decision to de -annex Heron's Nest from Silt, as it was never a topic of discussion. Attorney Tester stated that Trustee Jakary would like to comment about general board format and the role of a board member. Ms. Jakary stated that it is important that terms of contracts be met with developers. She has noticed that applicants are not being held accountable for the agreements that they make with the town, adding that it is very important that the town also honor the agreements written. Trustee Mahan agreed with Trustee Jakary, adding that we need to tighten up our rules for everybody. Consent Agenda Minutes of the June 14, 2004 Board of Trustees meeting Minutes of the May Silt Ambulance Service meeting May financials B.O.T. 6/28/04 1 Trustee Mahan asked for clarification on page two to add "a need for an impact fee". He also asked about the completeness of the ambulance financials. The revenues were not included, but will be in the July 12, 2004 packet for approval. Trustee Tibbetts made a motion to approve the consent agenda with the language change as requested by Trustee Mahan and to exclude the May financials. Trustee Eichhorst seconded the motion and the motion carried unanimously. Employee Recognition — Officer Tony Pagni Administrator Aluise stated that Officer Pagni had devoted much of his own time to the bike rodeo, and credits the success of it to his tremendous efforts. Mayor Evans offered a Certificate of Appreciation to Officer Tony Pagni for his hard work in putting together the very successful 2004 Bicycle Rodeo, hosted by the Silt Police Department. Public Comments There were no public comments. Public Hearings Liquor License — Special Events Permit for Silt Historical Society for Silt Heyday celebration on Saturday, August 7, 2004 This event is held every year and the license requested includes all of Veteran's Park. Mayor Evans opened the public hearing at 7:15 p.m. There were no public comments. Mayor Evans closed the public hearing at 7:15 p.m. Trustee Tibbetts made a motion to approve the Special Events License to sell 3.2% beer during Silt Heydays, and to give permission to the Historical Society to use Veteran's Park on August 7, 2004. Trustee Williams seconded the motion and the motion carried with Trustee Mahan abstaining. Ordinance Number 11, Series 2004 — Second reading Mayor Evans read Ordinance Number 11, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO CREATING SECTION 2.38.030 ESTABLISHING AN AMBULANCE IMPACT FEE APPLICABLE TO ALL NEW DWELLING UNITS IN ORDER TO OFFSET CAPITAL EXPENDITURES OF THE AMBULANCE ENTERPRISE FUND Administrator Aluise stated that this ordinance has been revised to a two hundred dollar fee rather than a fifty -dollar fee. Trustees Mahan and Moore both stated that the ordinance is a good idea. B.O.T. 6/28/04 2 Mayor Evans opened the public hearing at 7:19 p.m. There were no public comments, Mayor Evans closed the public hearing at 7:19 p.m. Trustee Eichhorst stated that even though he supports the ambulance, he feels that the funding mechanism should be changed so that it doesn't single out just one group, the residential builders. Mayor Evans agreed with Mr. Eichhorst as did Trustees Jakary and Williams. Trustee Mahan commented that the money goes to equipment improvements. The ambulance service has a number of ambulances and paramedics for a service this size, and they should have the best equipment that they can, which all costs a great deal of money. Trustee Mahan made a motion to approve Ordinance Number 11, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO CREATING SECTION 2.38.030 ESTABLISHING AN AMBULANCE IMPACT FEE APPLICABLE TO ALL NEW DWELLING UNITS IN ORDER TO OFFSET CAPITAL EXPENDITURES OF THE AMBULANCE ENTERPRISE FUND. Trustee Tibbetts seconded the motion and the motion failed 4-3 with Trustees Mahan, Moore and Tibbetts voting aye. Ordinance Number 15, Series 2004 — First reading Mayor Evans read Ordinance Number 15, Series 2004, AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT APPROVING THE DE -ANNEXATION OR DISCONNECTION OF THE HERON'S NEST DEVELOPMENT Present tonight are property owner Cory Nielson, and Nathan Bell with Gamba and Associates. Attorney Tester gave a brief history of the project. She included that at the last meeting the board discussed the de -annexation of this property and having the RV Park become an out of town user. Ms. Tester prepared the de -annexation ordinance that has been reviewed by the applicants' attorney Bob Noone. The agreement between the town and the applicant has been drafted and details are being worked out in respect to Heron's Nest being an out of town user. Trustee Eichhorst asked if Trustee Moore should recuse himself from this discussion due to his interaction with the applicants' attorney regarding the project. Attorney Tester stated that as long as the conversation didn't touch on the items discussed tonight, he would be allowed to participate. Trustee Moore confirmed that he did not discuss de -annexation with the applicant or Bob Noone. Mayor Evans stated his concern of de -annexation, adding that he doesn't feel it to be a wise move on the part of the town. This property should remain as a part of Silt because without it we lose a potential tax base and viable businesses. Nathan Bell stated that the two difficult parts about staying within the town limits are the rules and regulations relative to the RV Park and extended stays and the cost of approximately a half a million dollars to improve the park. Mr. Nielson stated that he does not have the five hundred thousand dollars to do all of the improvements required, adding that he would like to be part of the Town of Silt, but that he just can't afford it. Trustee Tibbetts explained for clarification that the applicant cannot move forward with the current annexation agreements and the changes that the applicant wanted to make, the board did not feel were appropriate. The next step that would allow the applicant to remedy their sewer problems with the state would be to allow de -annexation so that the applicant can financially make these B.O.T. 6/28/04 3 upgrades feasible. Trustee Tibbetts agreed with other members of the board that the town needs to see that applicants be held to their agreements. Mayor Evans opened the public hearing at 8:18 p.m. Nella Barker, a Realtor in the area, encouraged each trustee to go down to the park for a site visit. Trustee Tibbetts stated that he has been in favor of continuing the use of the park because it has been a place for out of town family to stay while visiting. The park does have issues, but it is an asset to the community. Mayor Evans closed the public hearing at 8:20 p.m. Trustee Mahan commented that the RV Park looks pretty good. He added that the board might be coming across harsh, but that they have to keep in mind what is best for the Town of Silt. Trustee Mahan made a motion to approve Ordinance Number 15, Series 2004, AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT APPROVING THE DE -ANNEXATION OR DISCONNECTION OF THE HERON'S NEST DEVELOPMENT with a change in the second "whereas" to read "WHEREAS the property owners have not obtained acceptable PUD zoning approval; and", and to strike Section four in its entirety. Trustee Eichhorst seconded the motion and the motion carried with Mayor Evans voting nay and Trustee Moore abstaining. Ordinance Number 14, Series 2004 — Second reading Mayor Evans read Ordinance Number 14, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, APPROVING AND AUTHORIZING THE TOWN TO ENTER INTO A SINGLE FISCAL YEAR FINANCIAL OBLIGATION SALES TAX INCENTIVE REIMBURSEMENT PROGRAM WITH THE DEVELOPER OF THE SILT MARKET, KELLY AND MICHAEL LYON FAMILY, LLC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO Administrator Aluise referred the board to the letter from Kelly Lyon requesting to continue this public hearing while they finish up on the final details of the financing. Trustee Tibbetts made a motion to continue the public hearing for Ordinance Number 14, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, APPROVING AND AUTHORIZING THE TOWN TO ENTER INTO A SINGLE FISCAL YEAR FINANCIAL OBLIGATION SALES TAX INCENTIVE REIMBURSEMENT PROGRAM WITH THE DEVELOPER OF THE SILT MARKET, KELLY AND MICHAEL LYON FAMILY, LLC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO until the July 12, 2004 meeting. Trustee Moore seconded the motion and the motion carried unanimously. Ordinance Number 13, Series 2004 — Second reading Mayor Evans read Ordinance Number 13, Series 2004, AN ORDINANCE VACATING THAT PORTION OF SILVER SPUR DEDICATED STREET RIGHT-OF-WAY CUL-DE-SAC WITHIN THE SILT TRADE CENTER, TOWN OF SILT, COLORADO, AND RESERVING TO THE TOWN AN EASEMENT FOR UTILITY AND DRAINAGE PURPOSES B.O.T. 6/28/04 4 Administrator Aluise referred the board again to Kelly Lyons' letter requesting that the public hearing be continued on this item. Trustee Williams made a motion to continue the public hearing for Ordinance Number 13, Series 2004, AN ORDINANCE VACATING THAT PORTION OF SILVER SPUR DEDICATED STREET RIGHT-OF-WAY CUL-DE-SAC WITHIN THE SILT TRADE CENTER, TOWN OF SILT, COLORADO, AND RESERVING TO THE TOWN AN EASEMENT FOR UTILITY AND DRAINAGE PURPOSES until the July 12, 2004 meeting. Trustee Jakary seconded the motion and the motion carried unanimously. Resolution Number 19, Series 2004 Mayor Evans read Resolution Number 19, Series 2004, A RESOLUTION APPROVING THE FERGUSON CROSSING PLANNED UNIT DEVELOPMENT ACCESS MANAGEMENT PLAN, AS PROPOSED BY C.R. COMMERCIAL PROPERTIES AND APPROVED BY COLORADO DEPARTMENT OF TRANSPORTATION Administrator Aluise requested continuing this item to allow staff time to work with the applicants and their financing. Trustee Tibbetts made a motion to continue the public hearing for Resolution Number 19, Series 2004, A RESOLUTION APPROVING THE FERGUSON CROSSING PLANNED UNIT DEVELOPMENT ACCESS MANAGEMENT PLAN, AS PROPOSED BY C.R. COMMERCIAL PROPERTIES AND APPROVED BY COLORADO DEPARTMENT OF TRANSPORTATION. Trustee Mahan seconded the motion and the motion carried unanimously. Emergency Ordinance Number 16, Series 2004 Mayor Evans read Emergency Ordinance Number 16, Series 2004, AN EMERGENCY ORDINANCE OF THE TOWN OF SILT, COLORADO, BANNING OPEN FIRES Administrator Aluise stated that the County has banned open fires due to the extreme drought conditions. This ordinance will be effective for thirty days at which time it will come before the board again to be extended if necessary. This ordinance does not address fireworks since they are already addressed in the Municipal Code. Mayor Evans opened the public hearing at 8:33 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:33 p.m. Trustee Williams made a motion to approve Emergency Ordinance Number 16, Series 2004, AN EMERGENCY ORDINANCE OF THE TOWN OF SILT, COLORADO, BANNING OPEN FIRES. Trustee Tibbetts seconded the motion and the motion carried unanimously. Action Items B.O.T. 6/28/04 5 RFTA Discussion Present tonight are Dan Blankenship, CEO of RFTA, Dan Richardson, RFTA Board of Director, Renee Black, legal council and Chrissy K., Director of Planning. Mr. Blankenship briefed the board on the history of RFTA. Even though ridership is up, the service is threatened by a lack of funding. Mr. Blankenship is asking that the Town of Silt consider placing an initiative on the November ballot to ask the residents if they would like to become members of the Roaring Fork Transportation Authority and if they would approve 4/10 of a percent sales tax increase. He added that if voters were to approve entering into the RFTA, a ten -dollar registration fee would be levied per vehicle as well. The ten -dollar fee could only be used towards highway related improvements such as bus stops, shelters and park and rides to name a few. This fee will not be kept separate for each individual community, but used where needed. Trustee Mahan stated that he sees this as a money issue, and if the town becomes members, it would also become liable. Mr. Blankenship stated that Garfield County is putting a clause in their IGA that addresses that individual members would not be held responsible for RFTA's debt. Trustee Moore asked if this initiative were not on the ballot, if Silt would lose the service. Dan Richardson stated that he feels the service would continue, but that there is no guarantee that it would be at the level that it is now. The amount of sales tax generated by the Town of Silt would be approximately $35,500. Trustee Eichhorst stated that with the small amount of people that use the service, it may be too early to be presenting this request to the Town of Silt. Trustee Moore stated that he felt that 4/10 was too high, the 2/10 of a percent might be more appropriate. Trustee Mahan asked if senior citizens would still be allowed to ride for free and Mr. Blankenship stated they would continue that service. Mr. Mahan also asked if once a member joins, if it's possible to back out. Mr. Richardson stated that it is possible to withdraw by rewriting the IGA. Mayor Evans stated that he feels this to be an opportunity to promote mass transit. He added that it will improve our quality of life, and that overall costs would come down. Trustee Mahan agreed that this should be on the ballot for voter approval. Mr. Blankenship explained that the reason they are asking for 4/10 now is so that they won't have to come back in a few years to ask for another increase. Trustee Tibbetts stated that he supports mass transit but also feels that 4/10 of a percent is too much and that maybe we could start with a lesser amount and build it up over time. Trustee Jakary asked if this amount was negotiable and Mr. Blankenship stated that he felt it could be and that the board could also ask for conditions. Trustee Williams asked who is responsible for the bus shelters and Ms. Black stated that RFTA would be. Trustee Williams also stated that he is not in favor of the ten dollar fee from registrations, and that 1/10 of a percent may be better achieved. Mr. Blankenship stated if the town was interested, they could lay out details and conditions that the town may have about becoming a member of RFTA in an Intergovernmental Agreement. RFTA has until July 23, 2004 to be able to give the County Clerk notification to have a question on the ballot. There was a majority consensus of the board to look into drafting an IGA. The board adjourned for a break at 9:32 p.m. and reconvened at 9:45 p.m. B.O.T. 6/28/04 6 Town Administrator Reports Administrator Aluise stated that the final engineering drawings are almost complete on the new water plant, and it should go out to bid in August. Construction should hopefully start by October and it would be operational by April 2005. Mr. Aluise also stated that Kum & Go has closed on the property at 9th and Main Street. They will be approaching the town for a STIP rebate to assist with their project. County Emergency Management Coordinator discussion Administrator Aluise stated that Ed Green with Garfield County as well as County Sheriff Valario have discussed putting together a County Emergency Management Coordinator position. Each entity would contribute toward this salary with the county paying half of the salary. The Town of Silt would be responsible for approximately two thousand dollars. Staff feels that the town could budget for this amount. Trustee Mahan stated that he would like to know what the town is going to get for their money. Mr. Aluise will speak with Ed Green and the Sheriff Valario before the next meeting to gather more information for the board. Mayor Evans asked for an update on the car storage issue with RBW Automotive. Administrator Aluise stated that the Wallace's have been informed that they could pursue a special use permit, but would have to get the property owners permission. The property owners of Silt Building, LLC have stated to staff that they do not want cars stored on their property. It was also stated by staff that these vehicles are actually sitting on Union Pacific right-of-way. Trustee Moore asked if Scott Markiecki was now working at the water plant. Administrator Aluise stated that Mr. Markiecki has been moved from the Public Works Department to the Wastewater treatment plant as was planned within the towns' budget for the year. This move has allowed the opportunity of shifting duties to their appropriate department. Trustee Moore also asked what the proper procedure is to have mosquito's sprayed for in the wetlands area across from Center Town Homes. Administrator Aluise stated that as part of the county wide spraying program, the cost to treat this area might be covered in the spraying program. Trustee Moore made a motion to authorize the spraying of the wetlands (Gilstrap) property. Trustee Mahan seconded the motion and the motion carried with Trustee Tibbetts voting nay. Trustee Mahan asked about the retaining wall at the Red River Motel. Administrator Aluise explained that the wall was built off of the wrong set of plans, and the wall is now not engineered properly to handle the backfill. The builders are finding another method of shoring this area. The towns building inspector discovered that the wall was not built according to plan when he went out for the final inspection. Planning & Zoning There were no Planning & Zoning comments. Town Attorney Attorney Tester briefed the board when going into executive session regarding receiving legal advise on a particular matter. B.O.T, 6/28/04 7 Board Comments Trustee Eichhorst asked if in the future, items not be brought to the board the same evening for review and voting. This happened at the last meeting regarding the waiver of fees for the Silt Market. Staff confirmed that it should not have happened in that manner. Trustee Tibbetts asked about the trail from the school up to Eagles View, and that at the top where the trail connects to the street, is unusable in it's current condition. He added that at the bottom of the hill he would like to see it come out to Seventh Street or back to the school. Administrator Aluise asked the boards permission to write Kelly Lyon a letter to follow through on the completion of the trail. Mr. Tibbetts added that Silt does have a very nice trail system within its' town limits. Trustee Mahan commended the budget and staff's ability to hold its expenditures down. The town is in very good shape. Administrator Aluise added that we might certainly break even on the general fund budget this year. This is a tremendous achievement for the town. Executive Session Trustee Jakary made a motion to go into executive session to hold a conference with the Town of Silt's attorney to receive legal advice on specific legal questions, pursuant to C.R. S. 24-6-402(b). Trustee Eichhorst seconded the motion and the motion carried with Trustee Mahan voting nay. The board adjourned to executive session at 10:25 p.m. At the end of executive session, Mayor Evans made the following statement: The time is now 11:01 p.m. and the executive session has concluded. No formal action was taken in executive session. The participants in the executive session were: John Evans, Tod Tibbetts, Dennis Mahan, Steve Eichhorst, Dave Moore, Roxan Jakary, Doug Williams, Rick Aluise, Cindy Tester and Sheila McIntyre. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. Adjournment Trustee Mahan made a motion to adjourn. Trustee Tibbetts seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 11:02 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk B.O.T. 6/28/04 John Evans Mayor 8 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING JUNE 14, 2004 The Silt Board of Trustees held their regularly scheduled meeting on Monday, June 14, 2004 in the municipal council chambers. Mayor Pro -Tem Tibbetts called the meeting to order at 7:00 p.m. Roll call: Present Mayor Pro -Tem Tod Tibbetts Trustee Dennis Mahan Trustee Steve Eichhorst Trustee Dave Moore Trustee Roxan Jakary Trustee Doug Williams Absent Mayor John Evans Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Community Development Director Janet Steinbach, Chief of Police Paul Taylor, Town Attorney Cindy Tester and members of the public and press. Pledge of Allegiance Agenda Changes Administrator Aluise asked to move forward items "D" the Ambulance impact fee ordinance, "K", the Ambulance building discussion, "J" the Heron's Nest ADA First Amendment and "F" the STIP ordinance to take place after public comments. Conflicts of Interest There were no conflicts of interest. Consent Agenda Minutes of the May 24, 2004 Board of Trustees meeting Columbine Liquor Inc. — License renewal Miner's Claim Restaurant — License renewal Trustee Eichhorst made a motion to approve the consent agenda. Trustee Mahan seconded the motion and the motion carried unanimously. Employee Recognition — Officer Tony Pagni Chief Taylor asked to move this item to the June 28, 2004 meeting since Officer Pagni was unable to attend tonight. B.O.T. 6/14/04 1 Public Comments James, Ian and Craig Wallace are here regarding the outside storage of their vehicles at Silt Building. They were under the impression that they would have sixty days to remove their vehicles, but have received a letter from the owners of Silt Building, giving them only thirty days. Director Steinbach stated that the outside storage is not a permitted use. Chief Taylor explained that when the property owners were cited into municipal court, thirty days is what the judge chose to give them to clean up the property and bring it into compliance. Chief Taylor added that the board cannot override the judges' decision but that as long as he sees a noticeable change of vehicles being removed, he could request an extension at the July 8, 2004 court date when the owners appear again before the judge. Mayor Pro -Tem Tibbetts suggested that the Wallace's talk with staff in more detail on this matter. Grace Michelle and Mary Gunter with the Congregational Church are here to ask the boards permission to hold the blessing of the animals again this year in Veteran's Park on August 29, 2004. There was a consensus of the board to allow the event and staff will provide a letter to the church. Public Hearings Ordinance Number 11, Series 2004 — Second reading Mayor Pro -Tem Tibbetts read Ordinance Number 11, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO CREATING SECTION 2.38.030 ESTABLISHING AN AMBULANCE IMPACT FEE APPLICABLE TO ALL NEW DWELLING UNITS IN ORDER TO OFFSET CAPITAL EXPENDITURES OF THE AMUBLANCE ENTERPRISE FUND Administrator Aluise stated that Director Susan Taylor had originally requested this impact fee as a way to plan for the future. Ms. Taylor has asked that it now be tabled indefinitely as she fears that the board may feel that the ambulance service needs the money for the wrong reasons. Trustee Mahan asked Ms. Taylor why her view has changed on the need of this ordinance, and Ms. Taylor explained that after the last meeting she felt that the board had lost faith in the ambulance and that the board maybe thought that the ambulance service was in trouble financially. Ms. Taylor felt that it wasn't worth the risk of losing the boards or the publics' faith in the ambulance service by enacting this impact fee. Trustee Mahan stated that he feels that there is still a need for the fee and Administrator Aluise added that the Impact Analysis recommended it. Mayor Pro -Tem Tibbetts suggested that this ordinance be continued until the next meeting at which time the ordinance can be reviewed further and that public comment can be made. Trustee Williams asked if the fee could be included in the yearly subscription program. Ms. Taylor stated that this has been a consideration. Trustee Jakary stated that she feels that it is not fair to have such a small percentage of people be responsible for this fee. Trustee Mahan made a motion to continue Ordinance Number 11, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO CREATING SECTION 2.38.030 ESTABLISHING AN AMBULANCE IMPACT FEE APPLICABLE TO ALL NEW DWELLING B.O.T. 6/14/04 2 UNITS IN ORDER TO OFFSET CAPITAL EXPENDITURES OF THE AMUBLANCE ENTERPRISE FUND. Trustee Moore seconded the motion and the motion carried unanimously. Ambulance building discussion Administrator Aluise stated that the current location of the ambulance is inadequate for their needs and that the ambulance would like to build offices above the current ambulance bays within town hall. Ms. Taylor stated that she has received cost estimates with the high-end bid being $48,420. The new offices will increase the square footage of their current quarters to approximately 1200 square feet. Response time to calls will be quicker once the offices are in the same building that the ambulances are parked in. In the future should the ambulance move to another location, town hall staff could then utilize these new offices. Trustee Eichhorst made a motion to proceed with the construction of the new offices for the ambulance service within the municipal building. Trustee Moore seconded the motion and the motion carried unanimously. Heron's Nest — ADA First Amendment Present tonight are Cory Nielson, applicant, Bob Noone his attorney and Nathan Bell, with Gamba the engineering company for the applicant. Attorney Tester started by addressing the board in regards to the Silt Municipal Code, Section 2.04.110, the State law, and the code of ethics to be followed by the Board of Trustees. She continued by saying that no one on the board is permitted to speak with an applicant in any form about a pending matter that will come before the board. It has come to Ms. Tester's attention that something of this nature has taken place. Administrator Aluise continued by saying that Trustee Moore had contacted Bob Noone, the attorney for Heron's Nest. Mr. Aluise stated that Mr. Moore told him that he (Mr. Moore) had exchanged emails with Mr. Noone. Mr. Moore denied any emails between himself and Mr. Noone. Mr. Moore stated that he saw damage and problems towards the applicant and that he could help get the project moving before somebody got hurt. Mr. Moore then stated that he had contacted Mr. Noone. Administrator Aluise explained to Mr. Moore that he cannot have conversations with an applicant over a matter upon which he will be voting. Ms. Tester stated that the board must work as a team, and that each person has the right to speak and vote, but only as a team. Mr. Moore has made statements to the applicant outside of this meeting that is deemed inappropriate by state law. Ms. Tester continued by saying that the trustees are expected to act with the same formality as a judge, and that they can only hear the testimony of the applicants during a public meeting. The trustees were informed that they should contact staff with their questions and concerns. Mayor Pro -Tem Tibbetts confirmed that Mr. Moore admitted to having contact with the applicant and failed to address that he had a conflict of interest when asked earlier in the meeting. Mr. Noone stated that the applicant did not contact a board member and that Mr. Moore was the one who contacted them. Ms. Tester stated that she is trying to protect the town from any potential lawsuit by bringing this forward. Trustee Jakary stated that Mr. Moore has been sharing information with her. She continued to say that she was disturbed by the fact that another member of the board was acting alone. Ms. B.O.T. 6/14/04 3 Tester gave Mr. Moore his options of stepping down from this discussion on his own, or leaving it to the board to have him step down to avoid any improprieties. Mr. Noone stated that on behalf on the applicant, they would have no objection to Mr. Moore recusing himself from the Heron's Nest discussion. Mr. Moore stated that he does not want to cause any dissention or division among the board and is willing to recuse himself upon a general consensus of the board since it is the law. Mr. Moore was informed that he would have to leave the council chambers but could return upon completion of this topic. Mr. Moore added that he felt it was ethically wrong for him to leave but that he would recuse himself. Mayor Pro -Tem Tibbetts continued on with the discussion of the length of stay for the RV Park. The applicant is asking for a code change from sixty days per year, to sixty continuous days. This change would also allow a person to move from one RV space to another within the park after their sixty days is up. Mr. Tibbetts took a poll of the board and there was a majority that did not approve with this process of not having to leave the park for a certain period of time at the end of the sixty days. Chief Taylor stated that it would be very hard to enforce the duration of the stays. There is also an issue with those staying at the park for sixty days or more and if they would then be considered residents of the town and required to have a Colorado Drivers License and appropriate change of address. Trustee Mahan stated that he would be more inclined to go along with this project if once a person was in the park for the sixty day maximum stay, they were asked to leave for two weeks or longer before they could come back. Mr. Nielson stated that if people were required to leave for a short term, they would not come back. Mr. Mahan added that he has seen problems in the past with extended stays in RV parks and the law enforcement issues that arise. Mr. Mahan also stated that he has seen the board attempt to compromise with Mr. Nielson with two different ideas and he has chosen to be hard headed and hasn't budged an inch. Mr. Mahan stated that it appears to him that there is no compromise and that he would be in favor of deannexation. Trustee Jakary asked Mr. Nielson the importance of being annexed, and he stated that it was because the fees for being an out of town user are so expensive. Mr. Nielson has been cited by the state to repair his leach field septic system, so it was the intention of the applicant, at the request of the State, to tie onto the town's wastewater plant once it was constructed. The cost to connect for Mr. Nielson would be $336,000 for sewer tap fees alone. It was discussed that a more feasible option for the applicant would be to install an ISDS (Individual Sewage Disposal System). Mr. Bell stated that it is possible to construct an ISDS for this project that could be built out of the flood plain. Mayor Pro -Tem Tibbetts commented that the applicant is still under time constraints to meet the requirements of the state and added that the town does not want to change zoning just so the applicant can address their sewer problems. Mr. Noone stated that Gamba has done some preliminary work to see if an ISDS could work on the property and it was found to be feasible. The town will not maintain this system until it reaches the manhole. Ms. Tester discussed deannexation, stating that the ADA references that in the event that the project stalls, the town then agrees to enact an ordinance to take the appropriate steps to deannex. She added that another option would be to prepare a notice of breach. B.O.T. 6/14/04 4 Trustee Mahan made a motion to have staff prepare a preliminary deannexation ordinance. Trustee Eichhorst seconded the motion and the motion carried unanimously. Mayor Pro -Tem Tibbetts adjourned for a break at 9:17 p.m. The meeting reconvened at 9:30 p.m. Ordinance Number 14, Series 2004 — First reading Mayor Pro -Tem Tibbetts read Ordinance Number 14, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, APPROVING AND AUTHORIZING THE TOWN TO ENTER INTO A SINGLE FISCAL YEAR FINANCIAL OBLIGATION SALES TAX INCENTIVE REIMBURSEMENT PROGRAM WITH THE DEVELOPER OF THE SILT MARKET, KELLY AND MICHAEL LYON FAMILY, LLC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO Here tonight are Kelly and Michael Lyon and Bill Solinger. Mr. Solinger is working with the Lyons' to build a 10,000 square foot grocery store in the Silt Trade Center and would like the boards blessing. Administrator Aluise discussed the Sales Tax Incentive Program (STIP) ordinance in the packet written specifically for the market. Mr. Aluise explained the TABOR considerations for this multi-year fiscal obligation, and that it will have to go to a vote of the people. Without the vote of the people for the multi-year, the applicant would have to come before the board by January of each year for approval. The deadline for the November ballot is July 23, 2004. Administrator Aluise explained that tonight's ordinance is for a single fiscal year obligation that will allow the applicant to get started with their project. The applicant will be reimbursed for no more than $407,330 with a six-year deadline. If this amount is not paid back within the six years, they would forfeit the remaining amount. The developer will be reimbursed seventy percent and the town thirty percent of the enhanced sales tax generated. Mr. Aluise clarified that since there are no other grocery stores in town, the sales taxes would be one hundred percent enhanced sales taxes, and that other businesses attracted would also contribute towards the reimbursement. Mr. Solinger stated that without the STIP ordinance, he would financially be unable to construct the market. The applicant is asking for a waiver of building permit fees, use tax and tap fees which is estimated to total approximately $60,000 of that amount $28,000 would be the tap fees. Mr. Solinger expressed that the town will come out ahead in the long run, but that he needs these waivers so that he may obtain financing. Trustee Mahan stated that he feels that the applicant should not get a break on their tap fees. Trustee Eichhorst stated his support to work with the developers to bring in business by waiving of some fees. Trustee Moore supported the waiver as well. Kelly Lyon stated that they had discussed with staff a reimbursement period of eight years and Administrator Aluise stated that there was also discussion of six years. It was suggested by Mr. Lyon to approve a seven-year sunset for reimbursement. Ms. Tester suggested that this could all be compromised in the final agreement. Mr. Solinger added that his bank is asking for an agreement between the town and himself before financing is approved, so he is hoping to have some form of agreement tonight that he can take back to his bank. He also stated that he hopes to have the market opened by December 1, 2004. B.O.T. 6/14/04 5 Mayor Pro -Tem Tibbetts opened the public hearing at 10:13 p.m. Barry Bovee, resident, stated that he feels that what the applicant has put together seems very reasonable and the town needs the market. Mayor Pro -Tem Tibbetts closed the public hearing at 10:14 p.m. Trustee Eichhorst made a motion to approve Ordinance Number 14, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, APPROVING AND AUTHORIZING THE TOWN TO ENTER INTO A SINGLE FISCAL YEAR FINANCIAL OBLIGATION SALES TAX INCENTIVE REIMBURSEMENT PROGRAM WITH THE DEVELOPER OF THE SILT MARKET, KELLY AND MICHAEL LYON FAMILY, LLC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO with the seven year sunset on the STIP. Trustee Moore seconded the motion and the motion carried unanimously. Waiver of fees discussion for Silt Market Administrator Aluise asked the board if they would like to make a motion on the waiver of fees or if more discussion was needed. There was a consensus from the board that there was concern for the large amount of fees to be waived. Administrator Aluise asked for a few minutes to speak in private with the developers and applicant. Upon returning, Administrator Aluise stated that Kelly and Michael Lyon have agreed to donate two of the four taps for this project at a cost to them of $5000.00. The town could then waive the other two taps and repay from the general fund back to the water fund with the first $14,000 generated in sales tax. Trustee Eichhorst made a motion to approve the waiver of two EQR's and accept the donation of two EQR's from Kelly and Michael Lyon, to waive the building permit and use tax fees and reimburse the water fund $14,000 upon receipt of the first sales tax payment. Trustee Williams seconded the motion and the motion carried with Trustee Mahan voting nay. Ordinance Number 13, Series 2004 — First reading Mayor Pro -Tem Tibbetts read Ordinance Number 13, Series 2004, AN ORDINANCE VACATING THAT PORTION OF SILVER SPUR DEDICATED STREET RIGHT-OF-WAY CUL- DE-SAC WITHIN THE SILT TRADE CENTER, TOWN OF SILT, COLORADO, AND RESERVING TO THE TOWN AN EASEMENT FOR UTILITY AND DRAINAGE PURPOSES Administrator Aluise stated that this is part of the agreement for the market. A cul-de-sac is platted in the area for the market that will need to be vacated to allow for the parking lot. Once the paperwork is completed on the market, this ordinance can be finalized with second reading. Mr. Solinger added that a commercial appraisal needs to be done which could take up to six weeks. Mayor Pro -Tem Tibbetts opened the public hearing at 10:40 p.m. B.O.T. 6/14/04 6 Michael Lyon stated that many things need to come together but he believes it can be done. Mayor Pro -Tem Tibbetts closed the public hearing at 10:41 p.m. Trustee Mahan made a motion to approve Ordinance Number 13, Series 2004, AN ORDINANCE VACATING THAT PORTION OF SILVER SPUR DEDICATED STREET RIGHT- OF-WAY CUL-DE-SAC WITHIN THE SILT TRADE CENTER, TOWN OF SILT, COLORADO, AND RESERVING TO THE TOWN AN EASEMENT FOR UTILITY AND DRAINAGE PURPOSES. Trustee Williams seconded the motion and the motion carried 5-1 with Trustee Eichhorst voting nay. Ordinance Number 9 Series 2004 — Second reading Mayor Pro -Tem Tibbetts read Ordinance Number 9, Series 2004, AN ORDINANCE AMENDING SECTIONS 6.04.120 AND 6.04.240 OF THE SILT MUNICIPAL CODE PERTAINING TO DOGS AND CATS WITHIN THE TOWN LIMITS Chief Taylor stated that this ordinance provides an increase in pound fees from $5 to $10 per day, and changes the dates that a license is valid from January to December instead of being valid for one year from the date it is purchased. Mayor Pro -Tem Tibbetts opened the public hearing at 10:44 p.m. There no were no public comments. Mayor Pro -Tem Tibbetts closed the public hearing at 10:44 p.m. Trustee Williams made a motion to approve Ordinance Number 9, Series 2004, AN ORDINANCE AMENDING SECTIONS 6.04.120 AND 6.04.240 OF THE SILT MUNICIPAL CODE PERTAINING TO DOGS AND CATS WITHIN THE TOWN LIMITS. Trustee Jakary seconded the motion and the motion carried unanimously. Ordinance Number 12, Series 2004 — Second reading Mayor Pro -Tem Tibbetts read Ordinance Number 12, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ZONING AS FERGUSON CROSSING PLANNED UNIT DEVELOPMENT THAT PROPERTY KNOWN AS THE FORMER WASTEWATER TREATMENT PARCEL Director Steinbach stated that this ordinance is due to the contract with C.R. Commercial Properties who are purchasing this parcel. Mayor Pro -Tem Tibbetts opened the public hearing at 10:47 p.m. There were no public comments. Mayor Pro -Tem Tibbetts closed the public hearing at 10:47 p.m. B.O.T. 6/14/04 7 Trustee Mahan made a motion to approve Ordinance Number 12, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ZONING AS FERGUSON CROSSING PLANNED UNIT DEVELOPMENT THAT PROPERTY KNOWN AS THE FORMER WASTEWATER TREATMENT PARCEL. Trustee Williams seconded the motion and the motion carried unanimously. Ordinance Number 10, Series 2004 — First reading Mayor Pro -Tem Tibbetts read Ordinance Number 10, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ADOPTING CHAPTER 17.74 OF THE SILT MUNICIPAL CODE RELATED TO THE LAND USE REGUALTION OF OIL AND GAS DEVELOPMENT Administrator Aluise asked that this ordinance be continued as staff continues to refine the ordinance with the county and oil and gas commission. Trustee Mahan made a motion to continue the public hearing for Ordinance Number 10, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ADOPTING CHAPTER 17.74 OF THE SILT MUNICIPAL CODE RELATED TO THE LAND USE REGUALTION OF OIL AND GAS DEVELOPMENT until such time staff feels comfortable bringing it back. Trustee Williams seconded the motion and the motion carried unanimously. Action Items Silt Building, LLC — Update on code violations Director Steinbach asked the board to refer to her memorandum in the packet for an update. Town Administrator Reports Administrator Aluise stated that Ed Sutton has informed him that SWD has reached an agreement with Roger Dixon to settle their lawsuit. Mr. Aluise added that the Kum & Go has run into problems with their soil testing that showed the property not suitable for building. This property has been used to dump a number of things in the past, and this will need to be removed and filled again before construction. The STIP program was offered to Kum & Go by staff and they found it to be very advantageous. They are still interested in coming to Silt. Planning & Zoning Round about discussion Director Steinbach stated that staff would like to do a traffic study to ensure that one lane is adequate since CDoT is questioning the size of the roundabout over the next twenty years. CDoT will be providing $300,000 towards the roundabout with a possible additional $100,000. The total cost of the project could be as much as $500,000. Chief Taylor stated that the roundabout could help the speed and flow of traffic in that location. B.O.T. 6/14/04 8 Coal Ridge High School Trail CDoT had a meeting between the School District, the Town of Silt and the Town of New Castle. This meeting was generated from concerns that there was not a trail to the new high school for which there is a need. CDoT persuaded the School District to participate in an Intergovernmental Agreement between CDoT, the towns of Silt and New Castle and Re -2. Silt was asked to take the lead on this agreement. Director Steinbach added that the project will go out to bid for the engineering. Trustee Moore made a motion to direct staff to negotiate an IGA between the entities. Trustee Williams seconded the motion and the motion carried unanimously. Town Attorney There were no town attorney comments. Board Comments Trustee Jakary commented about the time limits for public comments. Staff stated that some items should be placed on the agenda such as the Wallace's concerns tonight during public comments. Executive Session Trustee Moore made a motion to go into executive session to consider personnel matters, pursuant to C.R.S. 24-6-402(f), and to hold a conference with the City's attorney to receive legal advice on specific legal questions, pursuant to C.R.S. 24-6-402(b). Trustee Jakary seconded the motion and the motion carried 4 —2 with Mayor Pro -Tem Tibbetts and Trustee Mahan voting nay. The board adjourned to executive session at 11:22 p.m. 11:37 p.m. end of personnel portion of executive session 11:38 p.m. beginning of legal advice portion of executive session At the end of executive session, Mayor Pro -Tem Tibbetts made the following statement: The time is now 11:57 p.m. and the executive session has concluded. No formal action was taken in executive session. The participants in the executive session were: Tod Tibbetts, Dennis Mahan, Steve Eichhorst, Dave Moore, Roxan Jakary, Doug Williams, Rick Aluise, Cindy Tester and Sheila McIntyre. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. B.O.T. 6/14/04 9 Adjournment Trustee Eichhorst made a motion to adjourn. Trustee Mahan seconded the motion and the motion carried unanimously. Mayor Pro -Tem Tibbetts adjourned the meeting at 11:58 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk B.O.T. 6/14/04 Tod Tibbetts Mayor Pro -Tem 10 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING MAY 24, 2004 The Silt Board of Trustees held their regularly scheduled meeting on Monday, May 24, 2004 in the municipal council chambers. Mayor Evans called the meeting to order at 7:00 p.m. Roll call: Present Mayor John Evans Trustee Tod Tibbetts Trustee Dennis Mahan Trustee Steve Eichhorst Trustee Dave Moore Trustee Roxan Jakary Trustee Doug Williams Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Community Development Director Janet Steinbach, Chief of Police Paul Taylor, Town Attorney Cindy Tester, Town Engineer Dave Kotz and members of the public and press. Pledge of Allegiance Agenda Changes Administrator Aluise asked to move forward item "E", the interviews for the Board of Trustees vacancy to take place after public comments. Conflicts of Interest There were no conflicts of interest. Consent Agenda Minutes of the May 10, 2004 Board of Trustees meeting Minutes of the March 16, 2004 Planning Commission meeting Minutes of the April Silt Ambulance Service meeting April financials Trustee Tibbetts made a motion to approve the consent agenda. Trustee Mahan seconded the motion and the motion carried unanimously. Public Comments Craig, Ian and James Wallace are here from RBW Automotive to speak to the board regarding vehicle storage at Silt Building, LLC. Tim Peterson, manager of the building, instructed the Wallace's to relocate their vehicles within thirty days due to zoning requirements that do not allow for outside storage without a special use permit. Director Steinbach added that after speaking with the owners of Silt Building, LLC, they stated that they were not interested in having outside storage B.O.T. 5/24/04 1 for their building. One of the owners of the building has given RBW permission to store the vehicles on a temporary basis as long as the town agrees, until they can relocate the cars. Since the owners of the building have been issued a citation, it was suggested by Administrator Aluise to ask the municipal judge for a continuance of the hearing, for a period of up to sixty days. Attorney Tester cautioned the board to not create precedence for others, but to let the judge know the specific facts of the case respecting all parties involved. Interviews for Board of Trustee vacancies The board chose to interview Doug Williams and Meredith Robinson again. A paper vote resulted in Doug Williams being appointed to the board. Town Clerk McIntyre swore in Mr. Williams and he joined the board immediately. Public Hearings Ordinance Number 9 Series 2004 — First reading Mayor Evans read Ordinance Number 9, Series 2004, AN ORDINANCE AMENDING SECTIONS 6.04.120 AND 6.04.240 OF THE SILT MUNICIPAL CODE PERTAINING TO DOGS AND CATS WITHIN THE TOWN LIMITS Administrator Aluise stated that the ordinance would make just slight changes to our current practices and fees. Attorney Tester suggested adding additional language regarding notification to the owners with any information that is available regarding their pets, as a protection to everybody. Chief Taylor confirmed that the police department currently notifies every licensed animal owner when their dog is picked up. Mayor Evans opened the public hearing at 7:48 p.m. There no were no public comments. Mayor Evans closed the public hearing at 7:48 p.m. Trustee Mahan made a motion to approve Ordinance Number 9, Series 2004, AN ORDINANCE AMENDING SECTIONS 6.04.120 AND 6.04.240 OF THE SILT MUNICIPAL CODE PERTAINING TO DOGS AND CATS WITHIN THE TOWN LIMITS. Trustee Moore seconded the motion and the motion carried unanimously. Ordinance Number 11, Series 2004 — First reading Mayor Evans read Ordinance Number 11, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO CREATING SECTION 2.38.030 ESTABLISHING AN AMBULANCE IMPACT FEE APPLICABLE TO ALL NEW DWELLING UNITS IN ORDER TO OFFSET CAPITAL EXPENDITURES OF THE AMUBLANCE ENTERPRISE FUND Director Steinbach stated that this ordinance was prepared by the use of the fiscal impact analysis done in 2002. The Silt Ambulance has typically operated on donations, fundraisers and its transport service, with no money being used from the general fund. Ms. Steinbach added that the B.O.T. 5/24/04 2 impact fee of fifty dollars can only be used towards capital improvements. The board asked if in the long term if it would benefit the ambulance to become a taxing district or to merge with another district. Staff stated that the ambulance could choose one of those options, but is running very well on its own. Ambulance Director Susan Taylor stated that she would be going to Garfield County asking for the same fee since the ambulance does service the county as well. There was a concern that the ambulance was struggling to support itself. Ms. Taylor stated that this is not the case and that this fee is an alternative to help increase revenues for the service. She added that the ambulance continues to be well ahead of budget, but that there is always a need to improve what they have, such as the building they are located in, new ambulances and equipment. Trustee Moore stated that being a developer, he felt the fee of fifty dollars should be increased. Trustee Jakary felt that everyone in the community should pay, maybe by establishing a taxing district. Trustee Mahan stated that he is opposed to a taxing district but agreed that the fee should be increased. Trustee Tibbetts supported the fee at a larger amount as well, recognizing that this may be temporary. He added that the community needs to realize the true cost of this invaluable service that is provided to them. Mayor Evans opened the public hearing at 8:23 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:23 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 11, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO CREATING SECTION 2.38.030 ESTABLISHING AN AMBULANCE IMPACT FEE APPLICABLE TO ALL NEW DWELLING UNITS IN ORDER TO OFFSET CAPITAL EXPENDITURES OF THE AMUBLANCE ENTERPRISE FUND. Trustee Eichhorst seconded the motion and the motion carried four to three with Mayor Evans and Trustees Jakary and Moore voting nay. Trustee Mahan made a motion to amend the motion to approve Ordinance Number 11, Series 2004, to increase the fee from fifty dollars per dwelling unit to two hundred dollars per unit and placing a two year sunset clause from the date the ordinance is in effect with the opportunity to bring it back again at the end of that two year period. Trustee Williams seconded the motion and the motion carried with Trustee Jakary voting nay. Ordinance Number 12, Series 2004 — First reading Mayor Evans read Ordinance Number 12, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ZONING AS FERGUSON CROSSING PLANNED UNIT DEVELOPMENT THAT PROPERTY KNOWN AS THE FORMER WASTEWATER TREATMENT PARCEL Director Steinbach stated that this ordinance was created as a result of the towns contract with Ferguson Crossing who is purchasing this parcel from the town. Mayor Evans opened the public hearing at 8:40 p.m. There were no public comments. B.O.T. 5/24/04 3 Mayor Evans closed the public hearing at 8:40 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 12, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ZONING AS FERGUSON CROSSING PLANNED UNIT DEVELOPMENT THAT PROPERTY KNOWN AS THE FORMER WASTEWATER TREATMENT PARCEL. Trustee Eichhorst seconded the motion and the motion carried unanimously. The board adjourned for a break at 8:41 p.m. and reconvened at 8:57 p.m. Action Items Interviews for Board of Trustee Vacancy This item was moved forward to take place after public comments. Heron's Nest — ADA First Amendment Attorney Tester started by saying that after staff had met with the applicant, it is felt that they have come to an agreement on all but three issues. Those being: The sixty day maximum stay for the RV Park; The deadline for completing the road and the landscaping improvements; and Installation of the infrastructure. Ms. Tester stated that Mr. Nielson and his engineers have agreed to have the water and sewer hooked up by the August 31, 2004 deadline, which will be acceptable with Dwain Watson with the CDPHE. She included that she feels that everyone involved with "Heron's Nest" are trying very hard to get things accomplished in a timely fashion. Attorney Tester and Director Steinbach provided a power point presentation showing a recent site visit. Town Engineer Dave Kotz stated that he is upset that the lift station is not ready to go and that the applicant needs to abandon their leach field system immediately. Mr. Kotz voiced his concerns with the project and the continual changes that have been made by the applicant throughout the entire process. He commented on how the current RV Park doesn't meet many of the towns standards, including a second emergency access. This is a critical item that needs the attention of the developer. Mr. Kotz has not seen a trail plan and also has concerns with the raw water irrigation system that they are planning, the sewer service and the connections at ground level, what should happen in case of a flood, the placement of an evacuation plan, the water system that is currently overtaxed and the storm water drainage system. Mayor Evans spoke to Mr. Nielson regarding his comment that if the RV Park were to not allow extended stay customers, he would go out of business. Mr. Nielson confirmed that indeed this is what would happen, as many of his customers work in the area. He added that he will do everything that the board wants, but that if people cannot stay for more than sixty days, he will go out of business. Bob Noone, Attorney for the applicant added that the sixty-day stay limitation directly impacts the ability of the Nielson's to finance any of the improvements discussed tonight. Administrator Aluise stated that during this entire process the applicant has agreed to abide by section 16.12.358 which in the Silt Municipal Code addresses RV Parks. This section states that a B.O.T. 5/24/04 4 maximum of sixty days stay will be allowed. Mr. Aluise added that the Silt police have had to respond to felony domestic calls at the park several times since this area has become more of a mobile home park. He added that staff has yet to receive financial and engineering plans on how they are going to achieve the upgrades to their park and are unsure as to when it can be expected. Mr. Nielson stated that once he knows that the board will allow him extended stays, he will be able to get his cost estimates and obtain his financing. Trustee Mahan stated that a year ago when Mr. Nielson was before the board, Mr. Mahan had stated his dislike of RV Parks that turn into mobile home parks, and Mr. Nielson had assured the board at that meeting that this would be short term. Mr. Nielson confirmed that he did say that. Trustee Mahan stated that he is opposed to extending the stay limits beyond sixty days. Mr. Nielson stated that KOA Campgrounds have a "quality assurance program" that does not monitor the length of time that a person chooses to stay. Mr. Noone added that the park has been there for thirty years without any stay limitations and has provided the owners with a steady income. He also stated that whatever upgrades are reasonably necessary, the Nielson's are prepared to do, but they cannot do it unless they can prove to their bankers that they will have the same income stream that they have had in the past. Director Steinbach confirmed that the Comprehensive Plan would have to change to address the extended stays for the RV Park. Currently the zoning does not even address RV Parks in this area. Mr. Noone stated that there has never been discussion regarding the sixty-day limitation. He added that it has always been understood between staff and the applicants that maybe the sixty-day limitation should not apply to this property. Mr. Aluise stated that the sixty-day limitation was written into the original Annexation and Development Agreement. Mr. Nielson said that he swears that by July 31, 2004 the board won't recognize the park. Trustee Eichhorst asked Mr. Nielson that if he wanted extended stays, would he be ready to hook up water, sewer and irrigation, and improve the entire distribution system per the town code, and Mr. Nielson stated that given time the accomplish it, he absolutely would. Mr. Eichhorst also voiced his concern that the applicant had over a year to address items in their ADA, and failed to meet required deadlines or even just clean up the park. Engineer Kotz stated that he needs to complete the review of the lift station and should have it done by Friday. Administrator Aluise confirmed that the applicants' engineers would provide the cost estimates once it is determined what infrastructure is needed. Trustee Jakary asked for clarification that if the property were to be deannexed, if the stay limits would revert back to more than sixty days, and staff confirmed that to be true. Administrator Aluise added that the applicant has the funding right now to pay the out of town sewer fees should the property be deannexed. Trustee Eichhorst stated that annexing into a town has certain benefits, but it also comes with certain obligations. Trustee Tibbetts confirmed that when the applicant was before the board last year for approval, they were given tap fee discounts to compensate for a potential loss in revenue should they continue the use of the RV Park and the sixty day limitations attached to it as directed by code. He continued by saying that the discussions taking place now to extend the sixty-day stay changes the usage from an RV Park to a mobile home park. This was not the original intention of the agreements that were put together in the ADA. Mr. Tibbetts stated that maybe the town should back out of the whole situation until the time the applicant is ready to annex again. Mr. Nielson stated that he has enough money to do the water and sewer lift station, and that once it is in, he can get a commercial appraisal for additional financing from the bank. He continued by saying that he wants to be annexed and is willing to do non -health type issues such as paved roads, curbs and gutter but doesn't see why it has to be done by January 1, 2005. The board reminded him that this B.O.T. 5/24/04 5 date was in the original negotiated agreement. Mr. Noone stated that the agreement has been totally abandoned due to the financial realities of the plan, since it was originally a commercial, retail and residential development. Mr. Tibbetts stated that the developer is unable to meet his timelines and it is now becoming the boards, staffs and the towns problem. The developer is now asking that the town change what is defined as an RV Park in our code to a mobile home park. This would normally take six months to deliberate of which Mr. Nielson does not have this kind of time. This is becoming a tremendous waste of time, trying to patch something together that is actually so far away from the original agreement. Mayor Evans took a poll of the board and there was a general consensus to deannex the property. Mr. Noone stated that he feels the park will terminate should they be deannexed, and Trustee Eichhorst questioned this since the business has been in the county for the last thirty years. Administrator Aluise stated the in order to obtain costs, the applicants engineers need to see what the town's code requires and design the system based on that. The engineers have not contacted the town yet. Engineer Kotz stated that he hasn't received a plan to look at to determine those costs. Mr. Nielson reconfirmed that he has the money to do the water and the sewer that will increase the value of his property. Trustee Williams asked Mr. Nielson if he has the funding in place, why staff doesn't have the engineering plans. Administrator Aluise stated that all staff has received is drawings on the lift station and the sewer connection, with no information on the cost estimates and engineering plans for upgrading the park and replacing the infrastructure. Mr. Noone stated that they didn't believe there would be any need to reconfigure the current infrastructure and that this was new information to their engineers. Ms. Tester stated for the board that it was written into the ADA. Mr. Noone confirmed that Mr. Nielson agreed that whatever infrastructure the engineers determine is necessary to replace that is serving the existing park will be replaced. Mr. Noone added that the engineers are looking now at whether the existing system is adequate. Administrator Aluise stated that he would not recommend that the town take the existing infrastructure. Mayor Evans questioned that the applicant has a lot to do before August 31, 2004, the deadline given by the State of Colorado Health Department. Mr. Noone stated that he had spoken with Dwain Watson, and he said that as long as the applicant showed steady progress through completion, that this construction season would be fine as long as he is kept informed of the progress of the project. Administrator Aluise pointed out a memo that he had received from Mr. Watson that states that the applicant has been given a firm deadline of August 31, 2004 to complete the liftstation and forcemain, and that there is no reason to drag it out any longer. Mr. Nielson stated that his engineers say that this deadline can be met. Trustee Tibbetts voiced his concern that the town will be faced with the enforcement issues of aesthetics, and the sixty-day stay limitations. He added that the town would have to amend its policies to make the different use allowable. Administrator Aluise offered two options in his report. The first one being to post security for all infrastructure, to supply cost estimates and real plans to determine the amount of the security and to meet all of the towns guidelines. The second option being to de-annex and become an out of town sewer user and come back when the applicant can follow through with their project. Trustee Tibbetts asked about getting more information regarding the KOA guidelines for extended stays should this be continued until the June 14, 2004 meeting. Mr. Noone stated that the applicant would attempt to have a KOA representative at the meeting. Administrator Aluise added that along with the representative, the applicant would need to have their cost estimates for the entire infrastructure, the posting of security, a date certain for the posting of security, all in a timely B.O.T. 5/24/04 6 manner. Mr. Noone stated that whatever infrastructure the engineers agree too and that Dave Kotz recommends, will be done. Mr. Nielson stated that if August 31, 2004 is the deadline, he will have it done. Trustee Eichhorst stated that he still has an issue with the reduction in tap fees of $199,000, as no residential in the town is offered incentives in regards to tap fees, adding that this is not a benefit to the town and its people to offer such a discount. Mr. Eichhorst added that Silt is a fee-based town, and to waive this large of a fee for this type of development is not right. Mr. Noone stated that requiring the applicant to pay the full tap fees would cripple his project. Mr. Eichhorst then asked the applicant if they might consider paying the fees in phases over a number of years. Administrator Aluise clarified that the reduction in fees was originally offered to entice the applicant to improve the park and bring it up to standard more quickly, of which didn't happen. Trustee Tibbetts made a motion to continued the Heron's Nest ADA First Amendment until the June 14, 2004 to allow the board time to gather information on the request to eliminate the sixty- day stay clause in the ADA, and to allow the time for the applicants engineers to provide staff with cost estimates so that security can be posted and supply timelines on all improvements. Trustee Mahan seconded the motion and the motion carried unanimously. RFTA Discussion Trustee Eichhorst made a motion to continue the RFTA discussion until the June 14, 2004 meeting. Trustee Tibbetts seconded the motion and the motion carried unanimously. Chairperson nomination for Housing Authority Dave Moore volunteered to fill the seat previously held by Craig Wallace. Trustee Mahan made a motion to nominate Dave Moore as the Chairperson for the Housing Authority. Trustee Eichhorst seconded the motion and the motion carried unanimously. Town Administrator Reports Administrator Aluise stated that there are problems with residents following the water regulations in the Eagles View Subdivision. Citizens are asked to conserve water as they are exceeding their allotted monthly amount of water for irrigation. Tickets will be issued once a warning has been given. Administrator Aluise briefly discussed the pending lawsuit by Dry Creek Properties. They are claiming that the town isn't providing them with adequate access to their property that lies next to the Stillwater development. SWD has provided them with the same historical access that they have always had. Planning & Zoning Round about discussion — This will be continued to the June 14, 2004 meeting. B.O.T. 5/24/04 7 Town Attorney There were no town attorney comments. Board Comments Trustee Jakary asked if all board members received the same memo's and staff confirmed that this does indeed happen. Ms. Jakary also asked for clarification that should a citizen have questions or issues, they should go to staff first. Trustee Moore stated that he had written a letter to a citizen who was concerned about being double billed for his utilities. Mayor Evans reminded all members of the board that it is necessary to stand by the towns' codes and that there are proper procedures that need to be followed. Administrator Aluise also recommended that if Mr. Maynard has further questions regarding his billing, he should contact town hall. Trustee Eichhorst stated that he went on a ride along with the Police Department and was very encouraged with the way the Silt and New Castle Police Departments helped each other on two of the calls that he attended. He added that the calls were handled with the utmost professionalism and offered hats off to both Departments! Mayor Evans discussed the letter written by Trustee Moore to David Maynard regarding his utility billing for an additional residential unit that he has added. The trustees also have a draft letter written by Mayor Evans to Mr. Maynard addressing Mr. Moore's letter. Mayor Evans continued by going over a board member guideline that governs how board members should interact with each other as well as staff. He stated that board members should not take it upon themselves to act alone, and that the board functions as a unit. Mayor Evans asked the board if they were comfortable with the letter drafted to Mr. Maynard. There was a consensus of the board to have Attorney Beattie review the letter before sending it to Mr. Maynard. Trustee Tibbetts asked to bring the ADU language back before the board at a later date. Mayor Evans addressed the letter in the packet from Peggy Tibbetts and her concerns with vehicles being parked on trails meant for bicycle and pedestrian traffic, particularly along Highway 6 & 24. Adjournment Trustee Mahan made a motion to adjourn. Trustee Tibbetts seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 11:30 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk John Evans Mayor B.O.T. 5/24/04 8 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING MAY 10, 2004 The Silt Board of Trustees held their regularly scheduled meeting on Monday, May 10, 2004 in the municipal council chambers. Mayor Evans called the meeting to order at 7:00 p.m. Roll call: Present Mayor John Evans Trustee Tod Tibbetts Trustee Steve Eichhorst Trustee Dave Moore Trustee Roxan Jakary Absent Trustee Dennis Mahan 1 vacancy Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Community Development Director Janet Steinbach, Chief of Police Paul Taylor, Town Attorney Steve Beattie and members of the public and press. Pledge of Allegiance Agenda Changes Administrator Aluise asked to move forward item "E", the interviews for the Board of Trustees vacancies to take place after public comments and item "F" regarding the Heron's Nest ADA amendment to follow the interviews. Conflicts of Interest There were no conflicts of interest. Consent Agenda Minutes of the April 26, 2004 Board of Trustees meeting Minutes of the April Silt Ambulance Service meeting Town Administrator Aluise stated that language was changed in the minutes regarding federal hazard money and a round about slated to go in at 9th and Main. Trustee Tibbetts made a motion to approve the consent agenda with the language change stated. Trustee Eichhorst seconded the motion and the motion carried unanimously. B.O.T. 5/10/04 1 Employee Recognition — Susan Taylor Mayor Evans recognized Ambulance Director Susan Taylor for her hard work. Administrator Aluise stated that Ms. Taylor has worked very hard to obtain grants and make the ambulance what it is today. Ms. Taylor has been with the ambulance service for 13 years. Public Comments There were no public comments. Interviews for Board of Trustee vacancies The board interviewed four candidates for the two current vacancies. Those candidates were: Doug Williams, Meredith Robinson, Roxan Jakary and Derrick Campbell. A paper vote resulted in Roxan Jakary being appointed to the board, and a tie vote between Doug Williams and Meredith Robinson. Upon a second vote, there still remained a tie. There was a consensus between the board to vote again at the May 24`h meeting, which would also allow anyone else who might be interested in applying to submit their letter of interest prior to May 20, 2004. Staff encouraged those who are not selected to apply for the Planning Commission. Town Clerk McIntyre swore in Ms. Jakary and she joined the board immediately. Heron's Nest — ADA First Amendment Administrator Aluise briefed the board on this project that was annexed over a year ago. As of the first part of 2004, the applicant was approaching deadlines. With this in mind, staff prepared the amendment to the Annexation and Development Agreement. Staff has agreed to extend the deadline to July 31, 2004 to have the applicant hook up to the towns' sewer system to satisfy the health departments' request. Bob Noone, Attorney for the applicant briefed the board on the history of the Heron's Nest project and the various reasons that it has taken so long to get to this point. Mr. Noone added that he had contacted the town in January 2004 and asked to scale back the project and amend their request for zoning to allow them to continue the use of the RV Park. The applicant would still hook up to the wastewater plant and eventually the new water plant. Mr. Noone stated that after speaking with Dwain Watson with the Colorado Health Department, July 31, 2004 was agreed upon as the date by which the RV Park would need to be attached to the towns wastewater service, however after Mr. Noone and Mr. Nielson met with their engineers, Gamba and Associates, the applicant was advised that it would be very difficult to meet the July 31, 2004 deadline and Mr. Noone stated that he felt August 30, 2004 might be more practical. Mr. Noone added that the applicant understands that certain contingencies need to occur and be met before breaking ground, such as submitting construction drawings to the town and obtaining site approval from the state. Gamba and Associates informed Mr. Noone and Mr. Nielson today that they will have the construction drawings to the town this week. Once the Town of Silt approves the drawings, and the town signs off on the site application, the site application will be submitted to the state for Dwain Watsons' review and sign off. This process will take anywhere from four to six B.O.T. 5/10/04 2 weeks. Bid packets should begin circulation later this week from Gamba to prospective contractors according to Mr. Noone. He also stated that according to their engineers, the RV Park can certainly hook up to the water and sewer this season, with August 30, 2004 to be a reasonable target date. Trustee Eichhorst voiced his concern that this project has taken so long, and that the applicant has yet to accomplish what they were instructed too. Administrator Aluise stated that the ADA amendment was submitted to Mr. Noones' office on February 20, 2004 and that it took until March 23, 2004 for the applicant to have discussions with town staff. Trustee Tibbetts explained that the town worked very hard to get the new wastewater plant built in the time tables that they were given, and in turn, the applicant has known since 1997 the problems that he was facing and that they haven't accomplished much until thirty days ago. The State Health Department has stated that they could shut the sewer plant down because of the RV Parks' lack of commitment. Mr. Nielson offered that he be penalized if indeed they do not meet the obligations agreed upon in the ADA amendment. Mr. Tibbetts did remind everyone that the town has been fined in the past by the Health Department and does not want to risk that happening again. Mr. Noone proceeded to go through the ADA amendment. There were still uncertainties in the document by the applicant starting with Section 2.02 (A) regarding the date, and Section 2.02 (3) regarding the raw water irrigation system. Attorney Beattie stated Attorney Tester had briefed him on the progress of this document before she left for vacation saying that an agreement had been reached between the applicant and staff, and that Mr. Noone had spoken with Mr. Beattie and Director Steinbach on May 7, 2004 and said that there were two timing issues, one being the submission of the zoning plan and the other was the completion of certain improvements. Mr. Beattie continued by stating that now the applicant is going through the contract item by item, and that it seems that we are now getting back into negotiations. Mayor Evans stated he feels that the applicant needs to get back together with staff to complete the negotiations. Administrator Aluise voiced his concern that staff has been trying since February 20, 2004 to negotiate this document, and tonight the applicant is still trying to negotiate terms during the board meeting. There was a consensus from the board to have the applicant get back with staff to further negotiate the ADA amendment. The trustees stated that special attention needs to be made to the timelines and the fees. Staff was instructed to come back with what is in the best interest of the town regarding this application. Administrator Aluise asked for a deadline on this project to bring it back to the board. Mr. Noone stated that he would be available and would get a redline version to staff within the next two days with the applicants comments. Administrator Aluise stated that he could sit down with the applicant on Thursday, May 13, 2004, to discuss the document and that it could be put on the May 24, 2004 agenda. Mr. Noone stated that he would leaving Thursday morning for a graduation and wouldn't be back until Monday morning, May 17, 2004. Mr. Noone added that he is committed to getting this done by the next board meeting. Administrator Aluise stated that they will shoot for Monday for staff and Mr. Noone to get together. B.O.T. 5/10/04 3 Public Hearings Ordinance Number 7, Series 2004 — Second reading Mayor Evans read Ordinance Number 7, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING CERTAIN SECTIONS OF CHAPTER 13.04 REGARDING DOMESTIC WATER RATES FOR BULK CONSUMERS Administrator Aluise briefed the board on the history behind this ordinance. When the water rates were increased recently, bulk consumers were not taken into account. The rates increase caused an unintended price hike for some bulk users. Mayor Evans opened the public hearing at 9:34 p.m. There no were no public comments. Mayor Evans closed the public hearing at 9:34 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 7, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING CERTAIN SECTIONS OF CHAPTER 13.04 REGARDING DOMESTIC WATER RATES FOR BULK CONSUMERS. Trustee Eichhorst seconded the motion and the motion carried with Trustee Jakary abstaining. Ordinance Number 8, Series 2004 — Second reading Mayor Evans read Ordinance Number 8, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING CERTAIN SECTIONS OF CHAPTER 13.08 REGARDING SEWER RATES FOR BULK COMMERCIAL USERS Administrator Aluise stated that this ordinance is very similar to the water ordinance that was just passed. The rate increase caused and unintended price hike for some bulk users. He added that less stress is put on the system since some users are actually putting less water back into the system to be treated. Mayor Evans opened the public hearing at 9:40 p.m. There were no public comments. Mayor Evans closed the public hearing at 9:40 p.m. Trustee Eichhorst made a motion to approve Ordinance Number 8, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING CERTAIN SECTIONS OF CHAPTER 13.08 REGARDING SEWER RATES FOR BULK COMMERCIAL USERS. Trustee Tibbetts seconded the motion and the motion carried with Trustee Jakary abstaining. B.O.T. 5/10/04 4 Ordinance Number 10, Series 2004 — First reading Mayor Evans read Ordinance Number 10, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ADOPTING CHAPTER 17.74 OF THE SILT MUNICIPAL CODE RELATED TO THE LAND USE REGULATION OF OIL AND GAS DEVELOPMENT Administrator Aluise stated that the ordinance was changed to add testing water for volatile organic compounds every three months. Also an annual inspection fee was added and reimbursement of legal fees. Mr. Aluise suggested tabling this ordinance until June 14, 2004 as he has been attending the Energy Advisory Board meetings and that some of the items of concern may be negotiable through separate agreements with the Oil & Gas Companies. Attorney Beattie agreed that it would be appropriate to continue this ordinance and look at what the industry and the committees in Garfield County are doing at this time. Trustee Tibbetts made a motion to continue the public hearing for Ordinance Number 10, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ADOPTING CHAPTER 17.74 OF THE SILT MUNICIPAL CODE RELATED TO THE LAND USE REGULATION OF OIL AND GAS DEVELOPMENT until the June 14, 2004 meeting. Trustee Eichhorst seconded the motion and the motion carried unanimously. Action Items Heron's Nest — ADA First Amendment This item was moved forward to take place after the interviews for the Board of Trustees. Mosquito Control discussion Administrator Aluise stated that he met with the representatives from the Colorado Mosquito Control who will be working to control the West Nile Virus in Garfield County. An agreement was passed by the board a few months ago with Garfield County to participate in a county wide collection and sampling of larvae and mosquito's to see if we have any carriers of the virus in this area. The Town was asked to identify hot spots to the county so that there would be a quick response ability should the county need to spot spray in these areas. A phone poll would be asked of the board members to be able to provide a twenty-four hour response to the county for ground spraying. There was a consensus of the board to allow the county to spray the problem areas by means of a phone poll. Town Administrator Reports Administrator Aluise stated that design work continues on the water treatment facility. Mr. Aluise has spoken with Ed Sutton with SWD, LLC and funding is looking very good at this time for their project. Mr. Aluise stated that Kum & Go has made on offer on the property at 9th and Main Streets. B.O.T. 5/10/04 5 Planning & Zoning Director Steinbach discussed with the board the various correspondences that she has received regarding the building operated by Silt Building, LLC and the code violations attached to it. Ms. Steinbach would like a consensus from the board to start code enforcement on this building. She added that the building has an unauthorized residence on the second floor that was constructed without a building permit or the payment of additional water and sewer taps. John Tauffer, who is here tonight representing the applicant, stated that this unit is an office. Administrator Aluise clarified that this unit is no less than a studio apartment as it contains a kitchen, stove, refrigerator and a bath with a shower and sink. Ms. Steinbach stated that there are also unauthorized sheds on site, placement of concrete in the railroad right-of-way, fenced enclosures, outside storage of vehicles and garbage dumpster and that staff has given warnings to the applicant for the last year all to no avail. Mr. Tauffer stated that Tim Peterson is in the process of satisfying some of these code violations. There was a consensus of the board to red tag the unit and to give the owners thirty days to clean up and correct the violations. The owners of Silt Express, Chris and Deanah Harris are also here tonight to try and get information on what is happening. The owners and manager of Silt Building, LLC have not kept their tenants informed of what is happening with the building. Mrs. Harris added that other businesses have moved out of the building, as it is hard to run a professional business when management will not address issues such as the parking lot, outside lighting and serious maintenance issues. It was discussed and decided that Silt Building, LLC will be issued a ticket for their violations by the Police Department immediately, and that they will have until June 10, 2004 to comply with those violations. They will then come back before the board on June 14, 2004. Should they not satisfy their obligations, they would be required to go to court on July 8, 2004, but if they do, the board can recommend dismissal. Town Attorney There were no town attorney comments. Board Comments The board welcomed Ms. Jakary. Trustee Moore stated that he feels the image of Silt is changing. Mr. Moore suggested that each trustee report to the board each meeting stating what they have done for the good of the town. Ms. Jakary stated that she is happy to be here. Trustee Tibbetts thanked Chief Taylor for installing a stop sign at 4th and Ballard. This sign helps to slow down traffic that goes by the park. Mayor Evans commended staff for their patience in dealing with applicants and other situations that they are faced with. B.O.T. 5/10/04 6 Adjournment Trustee Tibbetts made a motion to adjourn. Trustee Eichhorst seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 10:41 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk B.O.T. 5/10/04 John Evans Mayor 7 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING APRIL 12, 2004 The Silt Board of Trustees held their regularly scheduled meeting on Monday, April 12, 2004 in the municipal council chambers. Mayor Evans called the meeting to order at 7:00 p.m. Roll call: Present Mayor John Evans Trustee Dennis Mahan Trustee Tod Tibbetts Trustee Steve Eichhorst Trustee Dave Moore Absent Trustee James Kellogg Trustee Shirley Hodges Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Chief of Police Paul Taylor, Community Development Director Janet Steinbach, Town Attorney Steve Beattie, Town Attorney Mitch Randall and members of the public and press. Pledge of Allegiance Agenda Changes Administrator Aluise asked for the following agenda changes: OO Item "D" to take place after conflicts of interest OO Items "E" through "N" to take place after the public comments Conflicts of Interest There were no conflicts of interest. Oaths of Office Town Clerk McIntyre swore in the newly elected Board of Trustee members Dennis Mahan, Steve Eichhorst and David Moore. Consent Agenda Minutes of the March 22, 2004 Board of Trustees meeting Liquor license renewal / Rainbow Discount Liquor Proclamation proclaiming April 16, 2004 as Arbor Day Trustee Tibbetts made a motion to approve the consent agenda. Trustee Mahan seconded the motion and the motion carried unanimously. B.O.T. 4/12/04 Public Comments James Kellogg, former trustee, stated that he and his family have moved out of town and he must resign from the board. He spoke of recent comments that he has heard about how the town conducts itself, and also comments regarding staff and the towns' finances. He added that in his opinion, he couldn't disagree more. After being on the board for three years, from what he has witnessed, staff has done the best they could to promote the future of the town, and have done a great job in obtaining financing for the water and wastewater plant. He commented that the cuts needed to be made to balance the budget, and that hard decisions aren't always understood by the public. Mr. Kellogg hopes that the board can keep its current staff and continue to promote the good of the town. He added that the work done by the board, the commission and staff is top notch. Mayor Evans thanked Mr. Kellogg for his steady influence and perseverance while sitting on the board. Action Items Resolution Number 6, Series 2004 Mayor Evans read Resolution Number 6, Series 2004, A RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF TRUSTEES FOR THE SERVICES OF RANDY CORRY AS A TRUSTEE OF THE TOWN OF SILT Randy Corry stated that he would like to thank the board in return for serving, adding that people who care about the town and the direction it is going fill the position of trustee. He also complimented staff and thanked them all as well. Trustee Tibbetts made a motion to approve Resolution Number 6, Series 2004, A RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF TRUSTEES FOR THE SERVICES OF RANDY CORRY AS A TRUSTEE OF THE TOWN OF SILT. Trustee Mahan seconded the motion and the motion carried unanimously. Resolution Number 7, Series 2004 Mayor Evans read Resolution Number 7, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING RICHARD ALUISE AS THE TOWN ADMINISTRATOR OF THE TOWN OF SILT, COLORADO Trustee Mahan made a motion to approve Resolution Number 7, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING RICHARD ALUISE AS THE TOWN ADMINISTRATOR OF THE TOWN OF SILT, COLORADO. Trustee Tibbetts seconded the motion and the motion carried unanimously. Resolution Number 8, Series 2004 Mayor Evans read Resolution Number 8, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING SHEILA McINTYRE AS THE TOWN CLERK OF THE TOWN OF SILT, COLORADO B.O.T. 4/12/04 2 Trustee Tibbetts made a motion to approve Resolution Number 8, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING SHEILA McINTYRE AS THE TOWN CLERK OF THE TOWN OF SILT, COLORADO. Trustee Eichhorst seconded the motion and the motion carried unanimously. Resolution Number 9, Series 2004 Mayor Evans read Resolution Number 9, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING KYRA HOGAN AS THE TOWN TREASURER OF THE TOWN OF SILT, COLORADO Trustee Moore stated that he is not familiar with this position and asked for a brief description of this job and the qualifications. Administrator Aluise described the duties of the treasurer and the qualifications that Ms. Hogan has for this position. Trustee Tibbetts made a motion to approve Resolution Number 9, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING KYRA HOGAN AS THE TOWN TREASURER OF THE TOWN OF SILT, COLORADO. Trustee Eichhorst seconded the motion and the motion carried unanimously. Resolution Number 10, Series 2004 Mayor Evans read Resolution Number 10, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING MELODY HARRISON AS THE DEPUTY TOWN TREASURER / DEPUTY TOWN CLERK OF THE TOWN OF SILT, COLORADO Trustee Tibbetts made a motion to approve Resolution Number 10, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING MELODY HARRISON AS THE DEPUTY TOWN TREASURER / DEPUTY TOWN CLERK OF THE TOWN OF SILT, COLORADO. Trustee Mahan seconded the motion and the motion carried unanimously. Resolution Number 11, Series 2004 Mayor Evans read Resolution Number 11, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING PAUL TAYLOR AS CHIEF OF POLICE OF THE TOWN OF SILT, COLORADO Trustee Tibbetts made a motion to approve Resolution Number 11, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING PAUL TAYLOR AS CHIEF OF POLICE OF THE TOWN OF SILT, COLORADO. Trustee Mahan seconded the motion and the motion carried unanimously. Resolution Number 12, Series 2004 Mayor Evans read Resolution Number 12, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING BEATTIE & CHADWICK AS THE TOWN ATTORNEY OF THE TOWN OF SILT, COLORADO B.O.T. 4/12/04 3 Trustee Mahan made a motion to approve Resolution Number 12, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING BEATTIE & CHADWICK AS THE TOWN ATTORNEY OF THE TOWN OF SILT, COLORADO, Trustee Tibbetts seconded the motion and the motion carried unanimously. Resolution Number 13, Series 2004 Mayor Evans read Resolution Number 13, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING THOMAS SILVERMAN AS THE MUNICIPAL JUDGE OF THE TOWN OF SILT, COLORADO Trustee Tibbetts made a motion to approve Resolution Number 13, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING THOMAS SILVERMAN AS THE MUNICIPAL JUDGE OF THE TOWN OF SILT, COLORADO. Trustee Moore seconded the motion and the motion carried unanimously. Resolution Number 14 Mayor Evans read Resolution Number 14, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING HUGH WARDER AS THE ASSOCIATE MUNICIPAL JUDGE OF THE TOWN OF SILT, COLORADO Trustee Mahan made a motion to approve Resolution Number 14, Series 2004, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, APPOINTING HUGH WARDER AS THE ASSOCIATE MUNICIPAL JUDGE OF THE TOWN OF SILT, COLORADO. Trustee Tibbetts seconded the motion and the motion carried unanimously. Town Clerk McIntyre swore in all appointed staff members. Silt Ambulance name change Ambulance Director, Susan Taylor, stated that after the merge of the Silt and New Castle ambulance services, the crew thought it would be nice to have a new name to run under. After several suggestions from the ambulance crew a new name was voted on. The new name will be "Silt Ambulance dba Westcare Ambulance Service". Trustee Tibbetts suggested changing the word community on the proposed sign to "communities". It was also suggested to add some type of wording that the service is dedicated to both the Silt and New Castle communities as a way of keeping the Silt name still visible but alleviate confusion for those living in the New Castle area. Trustee Moore made a motion to approve the name change to "Silt Ambulance dba as Westcare Ambulance Service". Trustee Eichhorst seconded the motion and the motion carried with Mayor Evans and Trustee Tibbetts voting nay. B.O.T. 4/12/04 4 Public Hearings Ordinance Number 6, Series 2004 — Second reading Mayor Evans read Ordinance Number 6, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO APPROVING THE SALE OF FORMER WASTEWATER TREATMENT PARCEL UNNEEDED FOR ANY GOVERNMENTAL PURPOSE Attorney Randall briefed the board on the changes made at the last meeting and updated the newly appointed trustees on the ordinance and the contents of the agreement. Mayor Evans opened the public hearing at 8:15 p.m. There no were no public comments. Mayor Evans closed the public hearing at 8:15 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 6, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO APPROVING THE SALE OF FORMER WASTEWATER TREATMENT PARCEL UNNEEDED FOR ANY GOVERNMENTAL PURPOSE. Trustee Eichhorst seconded the motion and the motion carried unanimously. Ordinance Number 5, Series 2004 — Second reading Mayor Evans read Ordinance Number 5, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO APPROVING THE SALE OF FORMER WATER TREATMENT PARCEL UNNEEDED FOR ANY GOVERNMENTAL PURPOSE. Attorney Randall briefed the board on the changes made at the last meeting and updated the newly appointed trustees on the ordinance and the contents of the agreement. Present tonight are the applicants/owners, Phil Vaughan, Ted Clark and Jack Pretti. Mayor Evans opened the public hearing at 8:21 p.m. Mr. Vaughan pointed out the locations of some of the proposed businesses within their development and stated that the two parcels that they will be purchasing from the Town will have retail on them that will help produce a good, solid economic engine for the town. Mayor Evans closed the public hearing at 8:30 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 5, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO APPROVING THE SALE OF FORMER WATER TREATMENT PARCEL UNNEEDED FOR ANY GOVERNMENTAL PURPOSE. Trustee Eichhorst seconded the motion and the motion carried unanimously. Scott Subdivision Exemption — SIA second amendment Tom and Sue Scott, owners are here tonight. Director Steinbach briefed the board on this application. Mr. Scott has already installed the water and sewer lines per the Subdivision B.O.T. 4/12/04 5 Improvements Agreement and its' first amendment. The water line which has been in the ground since 1994, will be available to the Ferguson Crossing project should they need it in addition to the Heron's Nest project. There are provisions in the second amendment to the SIA that relate to the cost recovery to Mr. Scott for this line. The sewer line will not benefit the surrounding projects as it currently runs to the abandoned lagoons. Staff is recommending that Mr. Scott (or any future owner) be given five years from the date of this agreement to finish the street improvements. The width of the street should be no less than twenty-four feet with curb and gutter on each side, and a five-foot sidewalk on the south side of the road. This road should also include a cost recovery to be paid by those who will benefit from it. The cost recoveries have a ten-year sunset clause. There are provisions within the SIA and its amendment, that there should be a 250 -meter setback on Lot 3 from the heron rookery. This should actually read as a 250 -foot setback. Trustee Tibbetts made a motion to approve the Scott Subdivision Exemption, second amendment to the SIA agreement. Trustee Eichhorst seconded the motion and the motion carried unanimously. Silt Building, LLC — Architectural renderings John Tauffer is here tonight. Director Steinbach stated that the applicant was to furnish western theme architectural drawings for the north side of the building per their condo exemption SIA. It was discussed to have the applicant use 8 x 8 posts on the porches and to supply snow stops above each entryway for public safety. Paving will be done at a later date, once the units start selling. Trustee Tibbetts made a motion to approve the Silt Building, LLC, architectural renderings with the change in size of porch timbers to 8 x 8 and gutters installed above each entryway. Trustee Moore seconded the motion and the motion carried unanimously. Delayed construction of parking lot at 9th and Main Street request Jason and Tanya Elder are currently leasing this commercial building from Art and Jan Martin on a month-to-month basis. Municipal Code requires the parking lot to be paved, but due to the property currently being on the market, it would not be economically feasible to make the Elders' pave at this time. This business would normally require nine paved spaces plus one handicap space. Approval of this request would delay paving for twelve months. Trustee Tibbetts made a motion to approve the delayed construction of the parking lot at 9th and Main Street request with two conditions. That paving be required upon any construction that would invoke the commercial site plan review or within one year following tonight's' approval. Trustee Mahan seconded the motion and the motion carried unanimously. Communication Authority Board Appointment B.O.T. 4/12/04 6 Chief of Police Paul Taylor stated that in the IGA that was signed in 1997 with the Garfield County Communication Authority, each year a different town appoints a member of the towns' board to sit as a voting member for one year. Mayor Evans made a motion to nominate Trustee Dennis Mahan to sit on the Communication Authority Board. Trustee Tibbetts seconded the motion and the motion carried unanimously. Resolution Number 15, Series 2004 Mayor Evans read Resolution Number 15, Series 2004, A RESOLUTION APPROVING DELAYED RECORDATION OF THE FINAL PLAT FOR THE STILLWATER PLANNED UNIT DEVELOPMENT PHASE 1 MEADOWWOOD VILLAGE AND EXTENDING THE DEADLINE FOR COMMENCEMENT OF CONSTRUCTION IN PHASE 1 MEADOWWOOD VILLAGE Administrator Aluise stated that staff recently had a meeting with potential lenders from Switzerland who are performing due diligence to provide financing for this project. The applicant is asking for an extension of final plat recordation and waiver of construction to the end of 2004. Attorney Beattie stated that this is a technical request by the applicant, that the developer has not been able to post a substantial security and commence construction. Mr. Beattie added that the plat was not recorded in the necessary thirty days after approval of the final plan and that there was an absence of commencement of construction within one year of the approval of the final plan. Ed Sutton SWD, LLC representative, stated that he has been working with this particular lender since January 2004. He added that they have been delayed financially due to the September 11th attacks and the Iraq war. The project financing markets have opened back up and they still feel very confident about the success of SWD, LLC. Mr. Sutton stated that many parts of the project have been bid on at this time and that the community building and golf course will be completed when they open Stillwater. He added that they feel it is very important to have the amenities in when they start marketing the community. There was brief discussion regarding drilling on the Stillwater property. Mr. Sutton stated that there are regulations set that govern drilling if it were to take place, and that drilling can only be done on the eleven sites that have already been designated. Attorney Randall added that there is setback involved of 150 feet. Stillwater will post a letter of credit or bond on forms approved by the town. The amount of security will be 110% as noted in the SIA. Mr. Sutton explained that there is a dispute between SWD, LLC and Dixon Farms that has not been resolved yet. Arbitration was filed approximately one month ago. Mr. Sutton continued saying that they are trying to negotiate a settlement so that they can move forward with the project, and if this doesn't take place, they will prepare for arbitration. Trustee Moore asked if the Silt Police Department patrols the roads around Stillwater, and Administrator Aluise confirmed that they do. Mr. Aluise added that there is an agreement in place that should there be any major maintenance required on those roads, that SWD would be responsible for the cost. Attorney Randall added that the town will not accept the roads until the developer brings the roads up to a certain standard that has already been agreed upon. Tom Volkmann, Attorney from Grand Junction is here representing Dry Creek Properties, LLC. His client owns a forty -acre parcel that sits on the southwest corner of the Stillwater project. Mr. B.O.T. 4/12/04 7 Volkmann is not in opposition of granting this extension, but wants to make sure that street access is in place to his clients parcel to prevent it from being land locked. Mr. Sutton agreed that Dry Creek Properties has a prescriptive right to their parcel and that Stillwater will not deny that to them and will continue to provide them access to their property, far better than what they have now. Attorney Randall added that when the ADA was negotiated, burden was not put on the developer to provide the over sizing of infrastructure to aid further development outside of their project. Trustee Mahan made a motion to approve Resolution Number 15, Series 2004, A RESOLUTION APPROVING DELAYED RECORDATION OF THE FINAL PLAT FOR THE STILLWATER PLANNED UNIT DEVELOPMENT PHASE 1 MEADOWWOOD VILLAGE AND EXTENDING THE DEADLINE FOR COMMENCEMENT OF CONSTRUCTION IN PHASE 1 MEADOWWOOD VILLAGE. Trustee Tibbetts seconded the motion and the motion carried unanimously. Town Administrator Reports Administrator Aluise stated that board members Shirley Hodges and James Kellogg have resigned from their seats for different reasons. It will now be up to the board to appoint people to fill these unexpired terms. There was a consensus from the board to advertise for these open positions. The town has received the discharge permit from the state to perform the water testing for the infiltration gallery for the new water treatment facility. This gallery will allow the town to reduce the turbidities before the water goes to the membrane system. There have been concerns about leaking gas wells up Divide Creek. Testing has been done at the water plant and tests show no benzene in the water. Planning & Zoning There were no planning and zoning comments. Town Attorney Report regarding Oil & Gas Commission rule changes Attorney Randall has provided a draft of rule changes from the Oil & Gas Commission. He addressed the "Noise Abatement" section. This rule change would place agricultural areas in with light industrial areas instead of residential, which would in turn increase the amount of allowable decibels. These rules will be considered at the meeting of the Oil & Gas Commission on April 19, 2004. The county is sending a letter to the Oil & Gas Commission requesting changes in the rules that would treat the area receiving the noise as residential if there is plat approved for development, if zoning has been adopted or if the property has been annexed to a municipality and zoned for residential use. Attorney Randall feels that the town should be represented at this meeting. Staff will attend this meeting in Denver at 10:00 a.m. April 19, 2004. Trustee Moore asked if the Town of Silt could recover any type of tax from the sales of gas from areas such as Stillwater. Attorney Randall stated that it could be looked at, but that it is not a retail B.O.T. 4/12/04 8 sale item. There was a consensus of the board to direct staff to contact CML to see if another municipality has addressed this before. Attorney Randall briefed the "board" on how it should handle itself in regards to meetings, public noticing requirements, executive sessions and the legal framework of town management. He added that all direction from the board is to be given to the Town Administrator. Attorney Randall finally announced that he will be leaving the firm of Beattie & Chadwick and moving his family back to the San Francisco Bay area. He added that he will miss his work here and that the staff at the Town of Silt has been great to work with. Good luck Mitch! Board Comments Trustee Moore stated that he was excited about being a member of the board. Trustee Eichhorst thanked the community for electing him and would like to see the towns' people become more involved. Trustee Tibbetts stated that he would like the board to revisit the part of code that relates to R1 and R2 permitted uses for auxiliary dwelling units. He added that he still supports this language, but that there are some areas that need to be looked at in more detail. Mr. Tibbetts also would like to bring back the Oil & Gas ordinance that the board tabled last year saying that there is a growing support for more health and safety to help protect our residents. Mayor Evans conveyed the need for everyone to remember that we are still in a drought situation and to try not to be wasteful. It was added that the town would have specific watering days again this year until such time the board decides that stricter measures need to be taken. Adjournment Trustee Mahan made a motion to adjourn. Trustee Tibbetts seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 10:59 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk B.O.T. 4/12/04 John Evans Mayor 9 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING MARCH 22, 2004 The Silt Board of Trustees held their regularly scheduled meeting on Monday, March 22, 2004 in the municipal council chambers. Mayor Evans called the meeting to order at 7:00 p.m. Roll call: Present Mayor John Evans Trustee Dennis Mahan Trustee Craig Wallace Trustee Randy Corry Trustee Tod Tibbetts Absent Trustee James Kellogg Trustee Shirley Hodges Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Chief of Police Paul Taylor, Community Development Director Janet Steinbach, Town Attorney Mitch Randall and members of the public and press. Pledge of Allegiance Agenda Changes Administrator Aluise asked that should the applicant arrive for item "G", that it be moved forward to take place after public comments, and that staff will be asking for an executive session before item "D". Item "F" will also be moved forward to take place after the public hearing for the liquor license. Conflicts of Interest There were no conflicts of interest. Consent Agenda Minutes of the March 8, 2004 Board of Trustees meeting Minutes of the March 2, 2004 Planning Commission meeting Minutes of the January & February Silt Ambulance Service meetings February financials Trustee Wallace made a motion to approve the consent agenda. Trustee Corry seconded the motion and the motion carried unanimously. B.O.T. 3/22/04 Employee Recognition — Scott Markiecki & Greg Maynard Mayor Evans presented a Certificate of Appreciation to both Scott Markiecki and Greg Maynard, employees of the Public Works Department. Administrator Aluise stated that there had been a water leak on Christmas Eve and Christmas Day last year, and that both Scott and Greg took the time to make the necessary repairs even though it was not at a critical state yet. The board would like to take this time to thank them both for their dedication and going beyond the call of duty. Public Comments Dave Moore, resident, stated that he had received a citation for an election sign that he had placed between Gofer Foods and Center Town Homes, adding that the violation is for fifty dollars per day, for every day that the sign is posted. He stated that he understood the violation, but that the town had made a mistake, and that the property is actually in the county. Mr. Moore handed out a letter from Shannon Hurst, the County Assessor and another letter written by Janet Steinbach, the Community Development Director. Ms. Hursts' letter states that the property has never been annexed into the town and should have been placed in Taxing District #20, which would result in a portion of the taxes for 2002 to be abated. Mr. Moore stated that these taxes were indeed abated and credited back to him. Mr. Moore stated that if he was at fault, he would take down the sign and pay his fines, but feels that he is well within the county codes. Administrator Aluise stated that the property is indeed annexed into the Town of Silt, and has been since October 25, 1993. He added that the assessor had made an error, and had stated that when Mr. Moore had come into the county he was very angry and had demanded that the property be taken off of the Town of Silt tax rolls. Ms. Hurst will be putting the property back onto the tax rolls for the town immediately. Mr. Aluise continued by saying that Mr. Moore had called the planning department the day before he put up his sign, and the sign code was explained to him. Within two days, the sign was not only placed on the property, but is totally outside of the parameters allowed. The Police Department was instructed to approach Mr. Moore regarding the illegal sign and giving him twenty-four hours to remove the sign. He refused to take it down, and the citation was issued for fifty dollars per day of violation. Mr. Moore stated that he did not know that the property had been annexed. Administrator Aluise stated that his concerns are that Mr. Moore purposely put up a sign that was in contradiction with the Silt Municipal Code. Mr. Aluise added that Mr. Moore had stated that he had paid the tax on this property when in fact the taxes were sold at auction, and will need to be redeemed within thirty-six months. Trustee Mahan clarified that a ticket had been issued and Mr. Moore will still need to go to court regarding it. Attorney Randall also stated that Mr. Moore has been issued a ticket and that he will need to tell his story to the court. Mr. Moore stated that if has broken the law, he would be willing to take the sign down and do what is right and what is fair. Mayor Evans instructed Mr. Moore to remove the sign from the posts before midnight tonight. B.O.T. 3/22/04 2 Public Hearings Ricadonna's Liquor License upgrade from Beer & Wine to Hotel & Restaurant and modification of premises Applicants and owners, Dawn Shumann-Keithley and Amanda Poole are both present tonight. The Chief of Police included his memo that he has no objections but would like to see a phone put in behind the bar and that the owners purchase a safe. Ms. Poole stated that they want to add outdoor seating behind the restaurant to be enclosed by a privacy fence. Trustee Mahan questioned the addition and if it would offend the people who live across the alley. Ms. Keithley stated that they have not yet received any complaints from the neighbors. Attorney Randall stated this application is a two-step process and that the liquor license is separate from the modification of premises. The applicant will also have to obtain a building permit and approval from the planning department. Mayor Evans opened the public hearing at 7:27 p.m. There were no public comments. Mayor Evans closed the public hearing at 7:27 p.m. Trustee Mahan made a motion to approve the Ricadonna's Liquor License upgrade from Beer & Wine to Hotel & Restaurant. Trustee Tibbetts seconded the motion and the motion carried unanimously. Resolution Number 5, Series 2004 Mayor Evans read Resolution Number 5, Series 2004, A RESOLUTION APPROVING A FINAL PLAN FOR THE CLARK SUBDIVISION EXEMPTION, OTHERWISE KNOWN AS LOT 3, BLOCK 1 OF THE STEVENS PLANNED UNIT DEVELOPMENT Director Steinbach stated that the duplex is already constructed and although the lot size being less that the 5000 square feet as stated in the code, staff recommends approval of the subdivision exemption to allow the applicant to sell the units separately. Mayor Evans opened the public hearing at 7:33 p.m. There were no public comments. Mayor Evans closed the public hearing at 7:33 p.m. Trustee Tibbetts made a motion to approve Resolution Number 5, Series 2004, A RESOLUTION APPROVING A FINAL PLAN FOR THE CLARK SUBDIVISION EXEMPTION, OTHERWISE KNOWN AS LOT 3, BLOCK 1 OF THE STEVENS PLANNED UNIT DEVELOPMENT. Trustee Wallace seconded the motion and the motion carried unanimously. B.O.T. 3/22/04 3 Executive Session Trustee Mahan made a motion to go into executive session to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators, pursuant to C.R.S. 24-6-402(e). Trustee Tibbetts seconded the motion and the motion carried unanimously. The board adjourned to executive session at 7:35 p.m. At the end of executive session, Mayor Evans made the following statement: The time is now 8:23 p.m. and the executive session has concluded. No formal action was taken in executive session. The participants in the executive session were: John Evans, Craig Wallace, Tod Tibbetts, Randy Corry, Dennis Mahan, Rick Aluise, Sheila McIntyre, Janet Steinbach and Mitch Randall. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. Ordinance Number 6, Series 2004 — First reading Mayor Evans read Ordinance Number 6, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO APPROVING THE SALE OF FORMER WASTEWATER TREATMENT PARCEL UNNEEDED FOR ANY GOVERNMENTAL PURPOSE Attorney Randall stated that staff has renegotiated some minor points on the agreement. He added that there is one more addition that did not make it to the agreement in the packet, to add language in regards to returning the property to match "or exceed" the existing adjacent grades in section three. Trustee Corry stated on behalf of the public that the selling price of this property is $360,000 and that the town will be responsible for reclaiming the site according to the contract before it can be sold. There was brief discussion about the $5000 liquidated damage amount and the fact that there is no earnest money involved due to the large investment that the developer has made. Administrator Aluise stated that the town would have one year to reclaim the property according to state regulations. The cost of the reclamation will be better determined once the amount of sludge to remove is known. Mr. Aluise added that three appraisals were done to help determine the selling price of the parcels. The property was advertised for bid in addition to staff contacting groups or individuals who might be interested in purchasing them including Dave Moore, Kelly Lyon and Ed Sutton. The Ferguson Crossing group was the only ones who submitted a bid for the two parcels. Attorney Randall clarified that the proceeds from the sale of the properties will be put into the water and wastewater funds. Mayor Evans opened the public hearing at 8:40 p.m. There no were no public comments. Mayor Evans closed the public hearing at 8:40 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 6, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO APPROVING THE SALE OF FORMER WASTEWATER TREATMENT PARCEL UNNEEDED FOR ANY GOVERNMENTAL PURPOSE to include in B.O.T. 3/22/04 4 section 3, the language "or exceed". Trustee Mahan seconded the motion and the motion carried 4-1 with Trustee Corry voting nay. Ordinance Number 5, Series 2004 — First reading Mayor Evans read Ordinance Number 5, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO APPROVING THE SALE OF FORMER WATER TREATMENT PARCEL UNNEEDED FOR ANY GOVERNMENTAL PURPOSE. Attorney Randall stated that this agreement is almost identical to the one written for the wastewater parcel and that the parcel is still in use at this time with the existing water plant. As like the previous agreement in section four, the language "or exceed" will be added. The sale price on this piece of property is $340,000. Attorney Randall stated that if the town does not move the water plant operation by June 1, 2005, Ferguson Crossing has the option of walking away from the contract or extending it for thirty-six months. In addition, if the applicant were to walk away, the town would not be responsible for paying any type of damages. Mr. Randall added that the town has already negotiated a line of credit for the construction of the new water plant. Trustee Corry stated that he doesn't feel that the town should sell this parcel right now and that it may become more valuable in the future. Mayor Evans suggested eliminating the thirty-six month period and leaving the June 2005 date in the contract. Trustee Mahan felt that the language should be kept at thirty-six months instead of decreasing the time that the town has to build the new water plant. Ted Clark offered to change it to read one-year. Administrator Aluise added that the grant that was received to use towards the construction of the water plant, has time limitations attached to it, and that the plant will need to be completed and operational by July 31, 2005. He added that the reclamation to this site must be done within one-year after operations cease the same as the wastewater treatment plant site. Attorney Randall suggested adding the language "and reclaim the property in accordance with section 4 above" to section 8 to help clarify the intent. It was discussed to then change the June 1, 2005 date to July 31, 2005. Mayor Evans opened the public hearing at 9:07 p.m. There were no public comments. Mayor Evans closed the public hearing at 9:07 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 5, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO APPROVING THE SALE OF FORMER WATER TREATMENT PARCEL UNNEEDED FOR ANY GOVERNMENTAL PURPOSE with the following changes: in section 4(b), adding the words "or exceed", in section 8(c), changing the closing date to July 31, 2005 from June 1, 2005, change that the buyer may extend the contract for an additional "12 months" instead of thirty-six months, and adding the language "and reclaim the property in accordance with section 4 above" in section 8. Trustee Mahan seconded the motion and the motion carried 3-2 with Trustees Corry and Wallace voting nay. B.O.T. 3/22/04 5 Resolution Number 5, Series 2004 Mayor Evans read Resolution Number 5, Series 2004, A RESOLUTION APPROVING A FINAL PLAN FOR THE CLARK SUBDIVISION EXEMPTION, OTHERWISE KNOWN AS LOT 3, BLOCK 1 OF THE STEVENS PLANNED UNIT DEVELOPMENT This item was moved forward to take place after public comments. Action Items Scott Subdivision Exemption — SIA amendment Director Steinbach briefed the board on the Annexation and Development Agreement and the First Amendment to the ADA, and the language they contain in respect to the wastewater treatment facility. Now with the completion of the wastewater plant, staff now knows how to address issues in respect to the road and the water and sewer lines. Ms. Steinbach stated that the first change is in regards to the sewer line that Mr. Scott put in to service his development. This line was put in running towards the old wastewater lagoons. The town cannot utilize this line now, and staff would like to state in the agreement that it will not be accepted. It was suggested that Mr. Scott contact the local utility companies who might be interested in using the line as conduit for their services. The second change is in regards to the water line improvements and cost recovery. Tom Scott also put all of these lines in for his development and any other development that might hook onto them. The ADA was not clear as to who would actually have to pay cost recovery for that line. It is staffs' opinion that both Ferguson Crossing and Heron's Nest should help to repay fifty -percent of the cost recovery with their developments. Director Steinbach went on to say that the line has been in the ground for ten years, and the town was never contacted to accept the line so that the warranty period could begin. There is certification by Bob Pennington, the engineer at the time, stating that he tested the line. Staff recommends that the warranty not be extended on this line. An additional change noted by staff is the road improvements that need to be finished. Staff recommended a twenty-four foot wide road with curb, gutter and sidewalk be installed in order to complete the towns' master plan. Ms. Steinbach stated that the road is also included in the ADA and the first amendment. Mr. Scott would like time to put in this road and staff would like to give him up to five years to complete the road improvements. Staff would like to see this road put in prior to any development on Lot 3 or additional development that might take place on Lot 2. The SIA has a provision for protection of the heron rookery. The original agreement states that there is a setback of 250 meters from the rookery for any construction. Staff recommends that the agreement should actually read 250 feet according to information from the DOW. Ms. Steinbach stated that there are fee charges in the SIA and the SIA amendment that contemplates that certain sections of the code are applicable. There was in error in the document and the correct section should be noted. She continued by stating that the cost recovery should occur pro rata share based on actual acreage of development. Staff asked the board to continue this item to the next agenda so that Tom Scott can attend and address any questions from the board. B.O.T. 3/22/04 6 Trustee Mahan made a motion to continue the Scott Subdivision Exemption, SIA amendment to the April 12, 2004 meeting. Trustee Corry seconded the motion and the motion carried unanimously. Silt Building, LLC — Architectural renderings Director Steinbach stated that staff did not accept the first set of architectural renderings submitted by the applicant but that the Planning Commission has approved the most recent submittal. The applicant has asked for a continuance so that they may have a chance to complete their drainage plan and have it approved at the same time as their drawings. Mayor Evans asked if the applicant could change the 6 x 6 posts to 8 x 8 due to the size of the building. Trustee Mahan made a motion to continue the Silt Building, LLC, Architectural renderings to the April 12, 2004 meeting. Trustee Wallace seconded the motion and the motion carried unanimously. Town Administrator Reports Administrator Aluise stated that he has had discussions with the Army Corp of Engineers regarding the chosen site for the intake structure for the proposed new water plant. It appears that there will be no major problems and that the process will continue for the nationwide permit. Staff has received the first payment of $30,000 from the grant for the construction of the new water plant and the designing of the new water plant continues. RN Civil has almost completed the required landscaping at the new wastewater plant. Ed Sutton has contacted staff requesting a meeting on April 5, 2004. This meeting will be posted by the Town Clerks' office. Mayor Evans commented on the fences in Spruce Meadows and that there may be some fences out of compliance. Staff will check into this. Trustee Tibbetts asked about cleaning the pedestrian path on First Street. Staff will check into using the street sweeper on it. Planning & Zoning There were no planning and zoning comments. Town Attorney There were no town attorney comments. Board Comments Mayor Evans asked about any vacancies on the Planning Commission and commented on the great job that the commission is doing. Director Steinbach stated that there are two positions B.O.T. 3/22/04 7 open. Mr. Evans also took the opportunity to recognize Trustee Corry who has chosen not to run again for trustee in the upcoming election. Tonight will be Mr. Corry's last meeting as a Trustee. Thank you Randy! Trustee Corry stated that he tried to do what he feels is best for Silt and recognized the current board and staff and the job they have all done together and thanked them all as well! Trustee Mahan commented that he would like to see the trustees become more responsibility with their attendance at the meetings. It was discussed to maybe adopt an ordinance or resolution that addresses attendance. Mr. Mahan added that he would like to see an attempt to have structures built at the bus stops in town for those waiting for a ride. Director Steinbach stated that the Lions Club has been in contact with staff regarding these structures. Trustee Wallace asked if there might be a way staff can revise the procedures for liquor licenses. It is felt that they should be addressed differently. Attorney Randall stated that the criteria for approving liquor licenses is set forth by State Statute, but that this can be discussed in more detail at a later date. Adjournment Trustee Wallace made a motion to adjourn. Trustee Corry seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 9:50 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk B.O.T. 3/22/04 John Evans Mayor 8 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING MARCH 8, 2004 The Silt Board of Trustees held their regularly scheduled meeting on Monday, March 8, 2004 in the municipal council chambers. Mayor Evans called the meeting to order at 7:00 p.m. Roll call: Present Mayor John Evans Trustee Dennis Mahan Trustee Craig Wallace Trustee Randy Corry Trustee James Kellogg Absent Trustee Tod Tibbetts Trustee Shirley Hodges Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Chief of Police Paul Taylor, Community Development Director Janet Steinbach, Town Attorney Mitch Randall, Town Engineer Dave Kotz and members of the public and press. Pledge of Allegiance Agenda Changes Administrator Aluise asked to move forward item "F", the Detention Facility Services Agreement and item "0", the Heritage Of The West presentation by Oni Butterfly to take place after public comments. Conflicts of Interest There were no conflicts of interest. Consent Agenda Minutes of the February 23, 2004 Board of Trustees meeting Minutes of the February 17, 2004 Planning Commission meeting Trustee Wallace made a motion to approve the consent agenda. Trustee Mahan seconded the motion and the motion carried unanimously. Public Comments There were no public comments. B.O.T. 3/8/04 Detention Facility Services Agreement Chief of Police Paul Taylor explained that the new Garfield County Sheriff has changed the rules regarding the cost of housing prisoners, and it will no longer cost the Town of Silt the $15 per day charge. Chief Taylor added that there is also new language in the agreement stating that it would be the responsibility of the town to pay medical cost should a prisoner be injured and then taken to jail. Trustee Mahan made a motion to accept the Detention Facility Services Agreement. Trustee Wallace seconded the motion and the motion carried unanimously. Heritage Of The West —15 minute presentation by Oni Butterfly Oni Butterfly introduced herself and the names of others who are collaborating with her. Ms. Butterfly gave a slideshow presentation, sharing their groups' vision for the community. The conceptual plan focuses on the cultural and western heritage of this area and will help to create a tax base for the town. With the large amount of drilling that takes place in this area, HOW's preliminary vision is an Energy Complex and amphitheater to possibly be located on property east of town. Ms. Butterfly also expressed that the town could be marketed as a "slow town" where people could come to relax and take their time. Ms. Butterfly concluded by asking the boards support of their visions for the energy complex. She also asked if their committee could use town facilities should they need a place to meet, copies made or other technical assistance that might be provided by the town. There was a consensus from the board to encourage HOW to pursue their visions that they presented tonight. Public Hearings Resolution Number 3, Series 2004 Mayor Evans read Resolution Number 3, Series 2004, A RESOLUTION APPROVING A PRELIMINARY PLAN FOR THE FERGUSON CROSSING PLANNED UNIT DEVELOPMENT Here tonight are PhD Vaughan, Planner for Ferguson Crossing, Jack Pretti and Ted Clark, applicants and owners, Yancy Nichols, with Sopris Engineering and Tom Stuver, Attorney for the applicants. Director Steinbach stated that the staff report hasn't changed and that it adequately expresses staffs' position. Mayor Evans asked for clarification regarding the rights-of-way easements in Ferguson Crossing. Staff explained the two easements that are located on the property, adding that the easements will be dedicated with the final plat. Trustee Corry asked what improvements will be done to River Frontage Road and County Road 311 by the applicant before the property can be sold, and Director Steinbach stated that due to costs of the project, it will be a phase specific improvement. Attorney Randall added that this would be addressed in the phase specific Subdivision Improvement Agreements. PhD Vaughan gave his presentation and addressed the issues that were brought up at the February 23, 2004 meeting. He stated that their project meets and exceeds the town code. They have addressed a trail and restoration of the riparian area and will be doing a tremendous amount B.O.T. 3/8/04 2 of work to the land along the river. Mr. Vaughan added that CDOT will have complete input regarding the access management plan and that it meets all criteria set forth by CDOT. This would include traffic counts, the intersection at 9th and Main, both intersections on the interstate bridge, the intersection on the south side of the bridge, background traffic from Heron's Nest and the Stillwater traffic study. Yancy Nichols stated that they will be contacting CDOT every time they need an access and added that there will be different levels of service depending on what the use is and the traffic generated by it. Mr. Vaughan stated that they would be donating the three structures, silo, barn and cabin to the Heritage of the West group. Mr. Vaughan concluded by saying that this project has been very carefully planned out and feels it would be a good centerpiece commercially for the town and would request that the board approve it. Mayor Evans opened the public hearing at 8:14 p.m. Mary Haggert, resident stated that she was very disappointed with the boards decision at the February 23, 2004 meeting in not passing this preliminary plan. She added that she hopes that it will pass tonight so that the sales tax will stay right here in Silt. Sue Schmidt, who lives south of Silt and member of HOW, stated that the developers are really trying to do what is best for the land and save the heritage of the area. Ms. Schmidt asked the board to support this project and the revenue it would bring. Terry Schmidt, who lives south of Silt, stated that he would like to see the Ferguson project be approved to allow some revenue in Silt. Doug Williams, resident and Planning Commissioner, stated that he is very impressed with the Ferguson Crossing project, and that the developers have done everything asked of them. He added that he was stunned that the board had not approved it at the last meeting. This type of planned growth is just what Silt needs especially having local people behind this project. Bill Sommers, resident, stated that he thinks this is wonderful and healthy for the community and he supports this project. The town needs to give the community a place to go without leaving town. Ron Morgan, resident and Planning Commissioner, stated that this is the first time he had seen someone present a commercial development along the river that addresses trails and open space. It is a project that is worthy of consideration and deserves the boards recommendation. Steve Eichhorst, resident and Planning Commissioner, stated that he was also stunned by the boards' decision at the last meeting. The town needs sales tax revenue and Ferguson Crossing is a wonderful development. He added that the towns' people want this development, and that the vote at the last meeting did not fairly represent the wants of the people and he asked the board to recommend their approval. Shannon Bailey, resident, stated that she hopes that the board would support this project. Amber Gallegos, resident, stated that she loves the small town, but would like to able to buy things here in Silt, and added that she appreciates the way the developer is protecting the river. B.O.T. 3/8/04 3 Oni Butterfly, who lives south of Silt, stated that a large representation of the town is urging the board to approve this development. She added that the developers are from the area and that they want to see what is best for the town. Mayor Evans closed the public hearing at 8:28 p.m. Trustee Wallace commented that he felt this was a good plan. Trustee Kellogg added that he also feels it is a good plan, and that the developer has done many good things in it. It is a good balance of commercial and preservation of the riparian area while honoring the heritage. He added that the board is here to make decisions that are in the best interest of the community and feels that this project is worthy of development, Trustee Corry stated that he had heard these same supporting arguments when Stillwater came before the board. He added that he would like to see the access management plan and flood plain study before he approves the preliminary plan. Mr. Corry added that we should be dealing with the vested rights now and that there are no date certains in the documentation. Trustee Mahan agreed with the comments of Trustee Kellogg. He added that he appreciates the concerns of Trustee Corry, but feels that this is a good development and that he likes the plan. Mayor Evans addressed the concerns of Trustee Corry, adding that those items are all part of the conditions that staff has listed in their staff report. Town Engineer Dave Kotz stated that regarding the flood plain study, the information that the developer is using is accurate. Director Steinbach clarified that the staff report does not contain the twenty-second condition as discussed at the February 23, 2004 meeting. That condition was regarding a master subdivision improvement agreement that would be for the entire project. Also in regards to the seventeenth condition, there would be twelve spaces for trail parking, with no fewer than two spaces per phase. Trustee Wallace made a motion to approve Resolution Number 3, Series 2004, A RESOLUTION APPROVING A PRELIMINARY PLAN FOR THE FERGUSON CROSSING PLANNED UNIT DEVELOPMENT to include all conditions, and to add condition number twenty-two creating a master subdivision improvements agreement for the entire project that would be submitted prior to final recordation of the first phase final plat and that the parking for the trail in the development be no less than twelve spaces for the entire development. Trustee Kellogg seconded the motion and the motion carried with Trustee Corry voting nay. Mayor Evans announced the "Meet the Candidates" night to take place on March 10 from 6:30 p.m. to 8:30 p.m. This event will be televised and moderated by Donna Gray from the Citizen Telegram. Ordinance Number 6, Series 2004 — First reading Mayor Evans read Ordinance Number 6, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO APPROVING THE SALE OF FORMER WASTEWATER TREATMENT PARCEL UNNEEDED FOR ANY GOVERNMENTAL PURPOSE Administrator Aluise stated that staff is still negotiating these documents with the developers and would like to continue Ordinance Number 6 until the March 22, 2004 meeting. B.O.T. 3/8/04 4 Trustee Kellogg made a motion to continue Ordinance Number 6, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO APPROVING THE SALE OF FORMER WASTEWATER TREATMENT PARCEL UNNEEDED FOR ANY GOVERNMENTAL PURPOSE until March 22, 2004. Trustee Corry seconded the motion and the motion carried unanimously. Ordinance Number 5, Series 2004 — First reading Mayor Evans read Ordinance Number 5, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO APPROVING THE SALE OF FORMER WATER TREATMENT PARCEL UNNEEDED FOR ANY GOVERNMENTAL PURPOSE. Administrator Aluise stated that staff is still negotiating these documents with the developers and would like to continue Ordinance Number 5 until the March 22, 2004 meeting. Trustee Kellogg made a motion to continue Ordinance Number 5, Series 2004, AN ORDINANCE OF THE TOWN OF SILT, COLORADO APPROVING THE SALE OF FORMER WATER TREATMENT PARCEL UNNEEDED FOR ANY GOVERNMENTAL PURPOSE until March 22, 2004. Trustee Wallace seconded the motion and the motion carried unanimously. Ordinance Number 2, Series 2004 — Second reading Mayor Evans read Ordinance Number 2, Series 2004, AN ORDINANCE ESTABLISHING A SALES TAX INCENTIVE PROGRAM FOR CERTAIN NEW AND EXPANDED RETAIL BUSINESSES WITHIN THE TOWN Administrator Aluise stated that there have been some changes to this ordinance since its first reading as instructed by the board. He proceeded to go through each of the changes made. This ordinance addresses a sales tax rebate for money that has been spent on public improvements and infrastructure that staff approves by agreement. The STIP will be offered to businesses that come in that would in turn attract other businesses. Attorney Tom Stuver commented on the STIP ordinance. He stated that this ordinance discusses how the town would identify public projects that will enhance a commercial neighborhood to a degree, and takes the place of a downtown development authority. The ordinance will help to put a mechanism into place that will require the businesses coming in to show what their public benefit will be. Town Attorney Randall added that if it were a multi year obligation of the town, it would have to go to a vote of the people to satisfy the TABOR laws. If the town had money in reserves, this would not be an issue. Also, if it were to be approved on an annual basis, a vote would not be required. If an election were required, it would have to take place at a general or municipal election. This ordinance also addresses coordinated groups of adjacent businesses that would allow several businesses to work together to reach the combined $12,000 in sales tax revenues. The board will still have the right to approve or disapprove agreements as they come before them. Jack Pretti explained that some of the occupants that they will have may not be large enough to qualify as an individual business, but by coordinating with other adjacent businesses, they would be able to B.O.T. 3/8/04 5 qualify for the STIP to help offset the cost of the public improvements in front of their buildings using their combined tax revenues. Mayor Evans opened the public hearing at 9:41 p.m. There were no public comments. Mayor Evans closed the public hearing at 9:46 p.m. Trustee Mahan stated that due to the numerous changes from first reading, he wouldn't be interested in voting on it tonight. Trustee Kellogg stated that it is a good ordinance and feels the town should vote on it, adding that we need to move forward in order to encourage businesses to Silt. Administrator Aluise pointed out the two major changes, those being the coordinated groups of adjacent businesses and the fifty -percent section that would allow staff to adjust it to another percentage if it is in the best interest of the town. He added that by approving this ordinance, an actually STIP would not be approved, and that we would just be setting the stage for whatever future STIPS come before the board, and that by not voting for this ordinance, we could risk sending a strong negative message to businesses that might be considering coming to Silt. Trustee Corry stated that he felt that this is a good ordinance, as it allows the STIP to go to a vote of the public if necessary. He also asked the public to pay attention and stay informed. Trustee Kellogg made a motion to approve Ordinance Number 2, Series 2004, AN ORDINANCE ESTABLISHING A SALES TAX INCENTIVE PROGRAM FOR CERTAIN NEW AND EXPANDED RETAIL BUSINESSES WITHIN THE TOWN. Mayor Evans seconded the motion and the motion carried with Trustee Mahan voting nay. Action Items Detention Facility Services Agreement This item was moved forward to take place after public comments. Heritage of the West —15 minutes presentation by Oni Butterfly This item was moved forward to take place after public comments following the Detention Facility Services Agreement. Town Administrator Reports Administrator Aluise stated that the town should be receiving their first payment on the energy grant within the next thirty days. Meetings are starting with the engineers to design the new water plant. RN Civil will be back next month to complete the landscaping at the new wastewater plant. The town will also at that time tie onto the interceptor line. Stillwater has paid their past due amount of $9228.65 and now they are past due $3069.15. It was asked of the board the authorization to send them another letter of default for this amount. B.O.T. 3/8/04 6 Trustee Mahan made a motion to authorize the Town Administrator to notify SWD, LLC that they are past due in the amount of $3069.15 and to send payment. Trustee Corry seconded the motion and the motion carried unanimously. Planning & Zoning There were no planning and zoning comments. Town Attorney There were no town attorney comments. Board Comments There were no board comments. Executive Session There was no executive session. Adjournment Trustee Kellogg made a motion to adjourn. Trustee Wallace seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 10:11 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk B.O.T. 3/8/04 John Evans Mayor 7 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING JANUARY 12, 2004 The Silt Board of Trustees held their regularly scheduled meeting on Monday, January 12, 2004 in the municipal council chambers. Mayor Evans called the meeting to order at 7:00 p.m. Roll call: Present Mayor John Evans Trustee Randy Corry Trustee Tod Tibbetts Trustee James Kellogg Trustee Dennis Mahan Trustee Craig Wallace Absent Trustee Shirley Hodges Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Town Attorney Mitch Randall, Community Development Director Janet Steinbach and members of the public and press. Pledge of Allegiance Agenda Changes Administrator Aluise asked to move item "G" forward to take place after public comments Conflicts of Interest There were no conflicts of interest. Consent Agenda Minutes of the December 8, 2003 Board of Trustees meeting Minutes of the December 16, 2003 Board of Trustees special meeting Minutes of the December 22, 2003 Board of Trustees meeting Minutes of the December 2, 2003 Planning Commission meeting Minutes of the October & November Silt Ambulance Service meeting Trustee Wallace made a motion to approve the consent agenda with the correction to the December 8, 2003 minutes as requested in the Town Clerk's memo, clarifying the turning lane discussion for Bella Vista. Trustee Kellogg seconded the motion and the motion carried unanimously. Public Comments Steve Smith, a volunteer with the Colorado wilderness network, which is a collection of several organizations that look protecting some of Colorado's best wildlife locations is here tonight. The B.O.T. 1/12/04 1 Roan Plateau is the location of concern for management protection while also preserving the opportunity for gas development. The BLM will be bring out a draft management plan sometime in February and Mr. Smith would like to come back after the plan is out to discuss the Roan Plateau and their vision of what they would like to see take place. Mr. Smith has provided the board with some background material and fact sheets regarding this discussion. Mr. Smith stated that 86 percent of the gas in the Roan Plateau planning area is available without going up on top of the plateau to get to it. Carol Bell, who lives south of Silt, described her personal experience with directional drilling. Her neighbors have a drilling site on their property, and from this site, the drilling company has been able to directionally drill onto the Bell's property. She added that the drilling company worked with her on the location of the site since it wasn't feasible to place it directly on their property. Garfield County Energy Advisory Board — Doug Dennison Doug Dennison, oil and gas auditor for Garfield County is here tonight to ask for comments and input to the draft charter that he has put together to form a Garfield County Energy Advisory Board. He hopes that the Town of Silt will support this board and designate a representative (elected official or staff member) to meet with them. The Advisory Boards goal is to transform this charter into a formal resolution for the County Commissioners to adopt. The plans are for this new board to meet one night a month. Initially there will be organizational steps to create by-laws, appoint officers and other items of importance. Each meeting will be held in a different location so that all parts of the county are visited. This board will report to the Garfield County Commissioners. This board will help with strategic planning and help the local governmental agencies look at their needs and how grants can work for them and the processes that they will need to go through. Trustee Wallace asked if this board would assist with reclamation and Mr. Dennison stated that this could probably be part of their duties. A need was expressed to learn more about the industry and the future impacts to the towns. There was a consensus of the board to support the Garfield County Energy Advisory Board. Public Hearings Resolution Number 33, Series 2003 Mayor Evans read Resolution Number 33, Series 2003, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE ANNEXATION OF COUNTY ROAD 231 Director Steinbach stated that the annexation of this street is required as part of the Bella Vista annexation. This annexation will go all the way to the northern boundary of the Bella Vista B.O.T. 1/12/04 2 development. The road is in fairly good condition, and the applicant will be required to improve the road as part of her application. Mayor Evans opened the public hearing at 7:40 p.m. There were no public comments. Mayor Evans closed the public hearing at 7:40 p.m. Trustee Tibbetts made a motion to approve Resolution Number 33, Series 2003, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE ANNEXATION OF COUNTY ROAD 231. Trustee Kellogg seconded the motion and the motion carried 5 —1 with Trustee Wallace voting nay. Ordinance Number 55, Series 2003 — Second reading Mayor Evans read Ordinance Number 55, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING ORDINANCE 37, SERIES 2002, ZONING AS A PLANNED UNIT DEVELOPMENT CERTAIN ANNEXED LAND COMMONLY KNOWN AS BOOKCLIFF FARM, NOW KNOWN AS BELLA VISTA Director Steinbach stated that at the first reading, the applicant had requested several changes to the PUD. Those being: o Adding property to the PUD o Further subdivision of multi -family and commercial lots o Allowing maximum grade of 9.5 percent on the boulevard and a 4 percent grade within 100 feet of an intersection o Lots 107 —116 be allowed a maximum of 40 units o Eliminate the 6 foot western boundary fence o Allow vehicle parking on one -side of the street, with no overnight parking o Prohibit metal storage sheds There was some discussion on the parking for both day -time use and overnight. It was thought that it might be hard to enforce. Director Steinbach added that there would be a designated parking area by the park with nine spaces for day use. Trustee Mahan stated that he doesn't feel that it is right for the town to say that overnight parking is not allowed. The applicant, Sheila Kennedy Wills, stated that it was her idea and what she was hoping to do was create a neighborhood that didn't have a lot of on -street parking, saying that it takes away from the "pedestrian feel" of the neighborhood. She added that the lots are large and fairly deep, and people will be parking in their driveways. Ms. Wills added that she doesn't want people parking their recreational vehicles out on the street as well. Director Steinbach stated that the parking requirements are written into the covenants and that the Home Owners Association would help to ensure better compliance with the parking. The town will not view the parking as a constant enforcement problem, but will handle complaints and violations when necessary. Mayor Evans asked about the sheds being architecturally compatible and Ms. Wills stated that all out buildings would need to follow the strict language in the covenants. B.O.T. 1/12/04 3 Mayor Evans opened the public hearing at 7:55 p.m. There were no public comments. Mayor Evans closed the public hearing at 7:55 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 55, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING ORDINANCE 37, SERIES 2002, ZONING AS A PLANNED UNIT DEVELOPMENT CERTAIN ANNEXED LAND COMMONLY KNOWN AS BOOKCLIFF FARM, NOW KNOWN AS BELLA VISTA. Trustee Corry seconded the motion and the motion carried 5 —1 with Trustee Wallace voting nay. Ferguson Crossing — First amendment to the ADA regarding extension of vested rights Director Steinbach gave an update stating that staff has been reviewing the Ferguson Crossing preliminary/final. It was found during review other amendment changes so staff would like to wait until this process is complete before bringing it to the board. Some of the amendments found had to do with Lot C of the Scott Subdivision Exemption, water rights dedication and the preliminary plan approval lasting more than four months. Trustee Mahan made a motion to continue the Ferguson Crossing first amendment to the ADA regarding extension of vested rights public hearing until January 26, 2004. Trustee Wallace seconded the motion and the motion carried unanimously. Ordinance Number 56, Series 2003 — First reading Mayor Evans read Ordinance Number 56, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO DECLARING CERTAIN PROPERTIES ADJACENT TO THE CONGREGATIONAL UNITED CHURCH OF CHRIST TO BE SURPLUS AND UNNEEDED FOR GOVERNMENTAL PURPOSES AND PROVIDING GUIDELINES FOR THE VACATION OF SUCH PROPERTIES Director Steinbach stated that this proposal is to vacate a certain amount of acreage that is associated with the exact encroachment of the building on the 6th Street right-of-way and Veterans Park in exchange for acceptance by the town, of property owned by the church that is south of the existing alley and north of the building. The only other item that is requested is a special warranty deed by the church stating that there are no encumbrances upon the land that they will be giving to the town. The town can then sign a quit -claim deed so that the church can clear their title. This property is zoned as R2 (residential). The additional property in the alley will help the town in regards to utility purposes and also expands the park it is adjacent to. Mayor Evans opened the public hearing at 8:09 p.m. Bill Wentzel, committee member with the congregational church, complimented staff on the job they have done with this application. He continued by saying that this church has served both the Silt and New Castle area since the late 1800's. Mr. Wentzel stated that the building has basically has no value the way it is right now, this is why they have requested the vacation of the property. By approving this application, it will allow the church the opportunity to sell the property if it desires to. B.O.T. 1/12/04 4 Mayor Evans closed the public hearing at 8:13 p.m. Trustee Wallace made a motion to approve Ordinance Number 56, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO DECLARING CERTAIN PROPERTIES ADJACENT TO THE CONGREGATIONAL UNITED CHURCH OF CHRIST TO BE SURPLUS AND UNNEEDED FOR GOVERNMENTAL PURPOSES AND PROVIDING GUIDELINES FOR THE VACATION OF SUCH PROPERTIES. Trustee Mahan seconded the motion and the motion carried unanimously. Action Items Rob & Sue Santos — Allowance for three dogs Administrator Aluise gave a brief recap that the Santo's were given three dog licenses in error and were later notified by staff that the licenses would be honored until the end of the year at which time, the municipal code would be enforced that states only two dogs are allowed. At the time the Santos' purchased their home they were given bad information by the Home Owners Association on the number of dogs allowed in Mesa View, saying that three dogs were allowed. Mr. And Mrs. Santos are requesting an exemption to the code to allow for their three dogs. Planning Commissioner Steve Eichhorst had contacting staff stating that he is opposed to the three -dog request. Mr. Aluise added that staffs biggest concern is that we have safe access to the water meter. Trustee Tibbetts asked if there have been any complaints about the Santo's dogs and staff stated that there have not been any. Trustee Wallace stated that dogs are like children and that you just can't get rid of one. He added that should one of the dogs die, it could not be replaced. Mr. Wallace also stated that if dogs are not licensed, then people could risk losing them. Mayor Evans asked if the dogs were outside. Ms. Santos' explained that during the day when they are not home, the dogs are outside in a dog run, otherwise they are indoors with them. She added that when they moved in, they had talked with their neighbors, and asked them that at any time if the dogs were a nuisance, to please let them know. She also stated that one of the dogs is on a bark collar to help train. Ms. Santos' stated that they have really tried to get as much information prior to buying their house in Mesa View Estate regarding dog regulations. They have participated in the HOA meetings and also have a variance letter from the HOA granting them to have three dogs. Research by the Santos' showed that the website for the Town of Silt also shows the old language allowing three dogs, even though the current code is for two. Staff explained that sometimes it does take some time for the codebook to be updated. Ms. Santo's stated that they are not here to point fingers, but to accept their responsibility. The dogs are their "children" and should they not be allowed the exemption, they would be forced to sell their home and leave the community. Attorney Randall stated that the Santos' have demonstrated a good faith effort to comply with both the town and the HOA requirements. Trustee Tibbetts stated that he had no problem with viewing this as an exception simply because they did ask the right questions and acted accordingly, unfortunately the answers were wrong. Trustee Mahan suggested revising the animal ordinance to reflect the intention more B.O.T. 1/12/04 5 clearly especially as people continue to move into the town. Mr. Mahan added that he doesn't like missing out on having people move into Silt because we have a three -dog limit, and that if a person moves here with three animals, that they cannot replace one of them when it dies or is eliminated in any other way. Trustee Wallace suggested a handout when a person purchases a license. Trustee Corry stated that the applicant should recognize that they will probably be held to a higher standard should there be complaints about their dogs. The board complimented the Santos' for their approach. Trustee Mahan made a motion to allow this exemption with the understanding that when one of the dogs permanently leave, it will not be replaced. Trustee Tibbetts seconded the motion and the motion passed unanimously. Garfield County energy Advisory Board — Doug Dennison This item was moved forward to take place after public comments. Resolution Number 01, Series 2004 Mayor Evans read Resolution Number 01, Series 2004, A RESOLUTION OF THE TOWN OF SILT, COLORADO, AUTHORIZING THE CONDUCT OF A MAIL BALLOT ELECTION FOR THE 2004 REGULAR MUNICIPAL ELECTION Town Clerk McIntyre stated that there are three seats coming up for election. Two of the seats are for four-year terms (Corry and Mahan) and one seat is a two-year term (Wallace). Trustee Corry made a motion to approve Resolution Number 01, Series 2004, A RESOLUTION OF THE TOWN OF SILT, COLORADO, AUTHORIZING THE CONDUCT OF A MAIL BALLOT ELECTION FOR THE 2004 REGULAR MUNICIPAL ELECTION. Trustee Kellogg seconded the motion and the motion carried unanimously. Town Administrator Reports Administrator Aluise stated that he had received a letter from Ginny Torres saying that the town has complied with all provisions of the enforcement order and the violation of the sewer plant is no longer an issue. Staff has received verbal approval for the site of the new water plant and the health department is preparing a letter requiring some mitigation. This letter will then allow the town to qualify for the $300,000 grant it was conditionally awarded. The loan documents are in place with Weststar Bank and the papers will be signed tomorrow to finalize the loan for $2.1 million for construction of the new water plant. The loan rate will be 5.5 percent for 5 years and adjustable after that but no higher than 10 percent. Mayor Evans asked about the flood plain in Ferguson Crossing, and who will be responsible for bringing that property out of the flood plain, up to the correct elevations. Director Steinbach stated that staff is negotiating who would be responsible for it. She added that the town might be responsible for the old water and wastewater sites but that the applicant will be required to B.O.T. 1/12/04 6 bring the remainder of the property up to flood plain elevations. Ms. Steinbach added that this area has to be FEMA mapped and that the town is working on that, but that Heron's Nest and Ferguson Crossing will pay for the study. Mayor Evans asked if the town will see any profit from the sale of the two town parcels once they have been reclaimed and Administrator Aluise stated that on the sewer plant parcel, we should see a fairly good profit of $250 - $300,000 and that on the water plant site maybe about $175 - $200,000. Trustee Corry commented that he saw one Silt's patrol cars sitting in the median of 1-70 with no lights on. He added that he feels it can be dangerous should a car use one of those turnaround areas and the patrol car cannot be seen. It also appears to be a trap by the officer if cars cannot see him. It was also stated that more in town patrol should take place instead of the interstate. Staff will address this issue. Mayor Evans stated that he agreed that the officers should have their lights on. Trustee Mahan explained that it is possible that the officers may be waiting for a vehicle on the interstate that they have been called ahead about from another town. Trustee Wallace commented about a Silt police vehicle on the interstate that was deterring people from passing him by moving over in the fast lane. Mr. Wallace stated that he would talk to Chief Taylor about this. Planning & Zoning There were no planning and zoning comments. Town Attorney There were no town attorney comments. Board Comments Trustee Wallace asked about the new construction taking place on Home Avenue and Director Steinbach stated they are single-family dwellings with a garage and an apartment. Trustee Mahan commented on the Town of Silts' website, stating that there is a lot of room for improvement for it. He added that there should be easier ways to get around the website and that the construction of it should possibly be changed. Mr. Mahan also commented that maybe the site could reflect seasonal changes. Executive Session Trustee Mahan made a motion to go into executive session to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators, pursuant to C.R.S. 24-6-402(e). Trustee Tibbetts seconded the motion and the motion carried unanimously. The board adjourned to executive session at 9:16 p.m. B.O.T. 1/12/04 7 At the end of executive session, Mayor Evans made the following statement: The time is now 10:47 p.m. and the executive session has concluded. No formal action was taken in executive session. The participants in the executive session were: John Evans, Randy Corry, James Kellogg, Dennis Mahan, Tod Tibbetts, Craig Wallace, Rick Aluise, Mitch Randall, Sheila McIntyre and Janet Steinbach. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. Adjournment Trustee Wallace made a motion to adjourn. Trustee Tibbetts seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 10:48 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk John Evans Mayor B.O.T. 1/12/04 8 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING NOVEMBER 10, 2003 The Silt Board of Trustees held their regularly scheduled meeting on Monday, November 10, 2003 in the municipal council chambers. Mayor Evans called the meeting to order at 6:58 p.m. Roll call: Present Mayor John Evans Trustee Tod Tibbetts Trustee James Kellogg Trustee Dennis Mahan Trustee Craig Wallace Trustee Randy Corry Trustee Shirley Hodges Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Community Development Director Janet Steinbach, Chief of Police Paul Taylor and members of the public and press. Pledge of Allegiance Agenda Changes Town Administrator Aluise asked to move forward item "C", interviews for Planning & Zoning commissioner vacancy, to take place after public comments. Conflicts of Interest There were no conflicts of interest. Consent Agenda Minutes of the October 27, 2003 Board of Trustees meeting Minutes of the October 21, 2003 Planning Commission meeting Trustee Wallace made a motion to approve the consent agenda. Trustee Tibbetts seconded the motion and the motion carried unanimously. Public Comments There were no public comments. B.O.T. 11/10/03 1 Interviews for Planning & Zoning vacancy Steve Eichhorst, Trish McClure and Andrew Reeves The planning commission currently has three vacancies with one more seat to be available by the end of the year. Before the board tonight are three citizens to be interviewed for the vacant positions. It was determined that each potential member qualifies to sit on the commission and the board then proceeded to question each of the candidates. All of the candidates look forward to doing what is best for the town and to help it reach its vision. Mr. Eichhorst stated that he looks forward to helping the commission make wise choices for balanced growth, Mr. Reeves commented that he wants to assist in bringing good ideas and filtering what comes before the commission and Ms. McClure agreed with both gentlemen and added that she is very passionate about adding more trees to the Town of Silt. Trustee Tibbetts made a motion to approve Steve Eichhorst as a regular member of the planning commission, Patricia McClure as the first alternate and Andrew Reeves as the second alternate. Trustee Wallace seconded the motion and a paper vote was called for. The vote passed 4-2 with one board member abstaining. Public Hearings Ordinance Number 48, Series 2003 — Second reading Mayor Evans read Ordinance Number 48, Series 2003, AN ORDINANCE AMENDING SECTIONS 2.44.060, 2.44.070; ADDING 2.44.065; AND REPEALING 2.44.090 OF THE SILT MUNICIPAL CODE REQUIRING REIMBURSEMENT TO THE TOWN FOR PROCESSING, INSPECTION, ADMINISTRATION AND OTHER COSTS Director Steinbach briefed the board on the contents of this ordinance. It will allow repayment to the town for staff time spent on extra research for the public or applicants. There have been no comments from the public regarding this ordinance. Mayor Evans opened the public hearing at 7:51 p.m. There were no public comments. Mayor Evans closed the public hearing at 7:51 p.m. Trustee Wallace made a motion to approve Ordinance Number 48, Series 2003, AN ORDINANCE AMENDING SECTIONS 2.44.060, 2.44.070; ADDING 2.44.065; AND REPEALING 2.44.090 OF THE SILT MUNICIPAL CODE REQUIRING REIMBURSEMENT TO THE TOWN FOR PROCESSING, INSPECTION, ADMINISTRATION AND OTHER COSTS. Trustee Hodges seconded the motion and the motion carried unanimously. Action Items Interview for Planning & Zoning vacany Steve Eichhorst, Trish McClure and Andrew Reeves B.O.T. 11/10/03 2 This item was moved forward to take place after public comments. Resolution Number 34, Series 2003 Mayor Evans read Resolution Number 34, Series 2003, A RESOLUTION PROVIDING THAT CERTAIN ELECTED AND/OR APPOINTED OFFICIALS OF THE TOWN OF SILT SHALL BE DEEMED NOT TO BE "EMPLOYEES" WITHIN THE MEANING OF THE WORKERS' COMPENSATION LAWS This resolution provides that certain elected and/or appointed officials of the Town of Silt shall be deemed not to be "employees" within the meaning of the workers compensation laws. The officials included are the Planning Commission and Board of Adjustments. Trustee Kellogg made a motion to approve Resolution Number 34, Series 2003, A RESOLUTION PROVIDING THAT CERTAIN ELECTED AND/OR APPOINTED OFFICIALS OF THE TOWN OF SILT SHALL BE DEEMED NOT TO BE "EMPLOYEES" WITHIN THE MEANING OF THE WORKERS' COMPENSATION LAWS. Trustee Corry seconded the motion and the motion carried unanimously. Resolution Number 35, Series 2003 Mayor Evans read Resolution Number 35, Series 2003, A RESOLUTION ADOPTING THE PARTICIPATION AGREEMENT FOR THE COLORADO COUNTY OFFICIALS AND EMPLOYEES RETIREMENT ASSOCIATION RETIREMENT PLAN (CCOERA) Administrator Aluise explained that the employees retirement plan has been amended and restated due to the laws enacted by the United States Congress including those pertaining to the I.R.S.. The changes were made in order to retain the plans qualified status and therefore needs to be adopted by the Board of Trustees. Trustee Mahan made a motion to approve Resolution Number 35, Series 2003, A RESOLUTION ADOPTING THE PARTICIPATION AGREEMENT FOR THE COLORADO COUNTY OFFICIALS AND EMPLOYEES RETIREMENT ASSOCIATION RETIREMENT PLAN (CCOERA). Trustee Tibbetts seconded the motion and the motion carried unanimously. Resolution Number 32, Series 2003 Mayor Evans read Resolution Number 32, Series 2003, A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR COUNTY ROAD 231 AND SCHEDULING A PUBLIC HEARING THEREON Director Steinbach explained that due to noticing errors, this resolution has come back to be approved once again and to set the public hearing date for January 12, 2004. Trustee Corry made a motion to approve Resolution Number 32, Series 2003, A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR COUNTY ROAD 231 AND SCHEDULING A PUBLIC HEARING THEREON. Trustee Tibbetts seconded the motion and the motion carried unanimously. B.O.T. 11/10/03 3 Resolution Number 37, Series 2003 Mayor Evans read Resolution Number 37, Series 2003, A RESOLUTION FORMALLY ADOPTING BY REFERENCE A STUDY TITLED "SMALL COMMUNITY PARK & RECREATION PLANNING STANDARDS", PREPARED FOR AND DELIVERED TO THE TOWN OF SILT BY RURAL PLANNING INSTITUTE CONSULTING, INC. IN SPETEMBER 2003 Director Steinbach stated that this is part of the heritage planning grant that the town had approved a five thousand dollar cash match for. All of the local communities have contributed to this project. She added that this document would help the town to plan in the future and get what it need and deserves. It includes cost estimates for facilities, fee in lieu calculations, sport field calculations and what open space will cost the town just to name a few. Director Steinbach feels that it is a good staff tool and feels that it will benefit the town greatly. Trustee Tibbetts made a motion to approve Resolution Number 37, Series 2003, A RESOLUTION FORMALLY ADOPTING BY REFERENCE A STUDY TITLED "SMALL COMMUNITY PARK & RECREATION PLANNING STANDARDS", PREPARED FOR AND DELIVERED TO THE TOWN OF SILT BY RURAL PLANNING INSTITUTE CONSULTING, INC. IN SPETEMBER 2003. Trustee Wallace seconded the motion and the motion carried unanimously. Mosquito discussion Administrator Aluise received more information from the county regarding the mosquito control program. He proceeded to go through his memorandum which addresses the questions that the board had at the last meeting. The monitoring program will first test the mosquito's found, and factor in the number of those mosquito's that are carriers along with the number of animal and human cases in the same region before any decision is made to spray. There are no known side effects yet from the spray that will be used and the spraying will depend on the size of the area, which will also determine if it will be an aerial or ground spraying. The board discussed their concerns with this program. Trustee Tibbetts stated that he would like to see an IGA containing a more defined plan. Trustee Mahan made a motion to accept the plan as presented by the county and authorize payment of $3160.00. Trustee Wallace seconded the motion and the motion carried 4-3 with Trustees Corry, Tibbetts and Hodges voting nay. Town Administrator Reports Administrator Aluise stated that the loan documents with MSG (Municipal Services Group) are almost complete. The new wastewater treatment plant is also very close to being online and that the town will need to wait until spring to tie onto the interceptor line due to the weather. B.O.T. 11/10/03 4 Administrator Aluise apologized to the board for having the incorrect time for the Energy Grant presentation that was to take place on November 7, 2003 in Estes Park. Tim Sarmo, with the Department of Local Affairs made the presentation on behalf on the Town of Silt. The town had contacted the Garfield County Housing Authority to attempt to obtain HUD money for Senior Housing. HUD no longer has money for those types of projects so this is no longer an option. The Housing Authority also contacted Rural Development regarding the building and Rural Development said that they would be willing to run Senior Housing, but that the Town of Silt would have to give them the building. These options are being looked at since the general fund is slowly being drained by revenue shortfalls. The board was asked to brainstorm and try to come up with some ideas on what we can do to keep the Senior Housing program and help it sustain itself. It was suggested that maybe the rent should be increased. Administrator Aluise met with Heidi Rice from the Post Independent. Ms. Rice will be doing a story explaining the Town of Silts' budget and the misunderstanding that the public may have with transfers of money from fund to fund. Trustee Wallace asked if all delinquent accounts have been paid. Director Steinbach stated that the only account that hasn't paid yet is Center Townhomes. Administrator Aluise is still working with Dave Moore and hopes to have it resolved soon. The board asked that it be taken care of before yearend. The Eagles View Subdivision Homeowner Association president has spoken with Director Steinbach regarding construction traffic for Stoney Ridge that has been driving though the Eagles View Subdivision. Staff will contact Kelly Lyon and reinforce with him that this is not acceptable, and to remind Mr. Lyon that he had previously given his word to the board regarding this exact issue. There is also an issue with a Stoney Ridge sign that Mr. Lyon has placed in an inappropriate place within the Eagles View Subdivision. There was a brief discussion regarding the vested rights for Ferguson Crossing. Their vested rights expired in March, and the developer will be coming back to the board to request an extension. Now is the time for the board to consider any new items that they may want to negotiate into the ADA. Impact fee discussion Director Steinbach stated that she would like to bring an ordinance before the board that would state as to where funds would go when the town does receive impact fee money and would address the fees on a per unit basis. Some suggestions that Ms. Steinbach had were a municipal building impact fee to help with improvements that may be needed at townhall, offsite impact fees that could be used towards bridges and overpasses, street impact fees, an upper pressure charge fee that could be used towards the building of water storage and the park impact fee that the town currently collects. There was a consensus from the board to bring this back in ordinance form. Trustee Corry made mention of the comment in the staff report complimenting the great job that RN Civil Constructors is doing on the wastewater plant, and that they have been a pleasure to work with. Mr. Corry also asked about the letter from Bob Noone regarding the mitigation of wetlands and his client Cory Nielson. Administrator Aluise explained that Mr. Nielson feels that he is not being informed of commitments that have been made between the Corps of Engineers and the Town of Silt. It was added that the mitigation was not taking place on the Nielsons' property and that the said correspondences were therefore not forwarded to them. B.O.T. 11/10/03 5 Mayor Evans asked Chief Taylor about the click it or ticket event. Mr. Taylor explained that the police officers will be located at the school and will talk with any cars that may have children in them that are not seat belted in the vehicle. This will be a courtesy stop to inform drivers of the seat belt laws and how to keep their children safe. There will also be a presentation done at the school for the students. Planning & Zoning There were no planning and zoning comments. Town Attorney The attorney was not present tonight. Board Comments Trustee Tibbetts commented about how unique it is to see a herd of sheep going down Main Street. Welcome to small town America! Mayor Evans wanted to thank the public works department for trimming trees on various corners around town. Executive Session Trustee Kellogg made a motion to go into executive session for discussion of a personnel matter under C.R.S. Section 24.6.402 (4)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. Trustee Corry seconded the motion and the motion carried unanimously. The board adjourned to executive session at 9:28 p.m. At the end of executive session, Mayor Evans made the following statement: The time is now 10:09 p.m. and the executive session has concluded. No formal action was taken in executive session. The participants in the executive session were: John Evans, Randy Corry, Shirley Hodges, James Kellogg, Dennis Mahan, Tod Tibbetts, Craig Wallace, Rick Aluise, Sheila McIntyre and Paul Taylor. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. B.O.T. 11/10/03 6 Adjournment Trustee Tibbetts made a motion to adjourn. Trustee Wallace seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 10:10 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila McIntyre Town Clerk John Evans Mayor B.O.T. 11/10/03 7 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING MAY 27, 2003 The Silt Board of Trustees held their regularly scheduled meeting on Tuesday, May 27, 2003 in the municipal council chambers. Mayor Evans called the meeting to order at 7:03 p.m. Roll call: Present Mayor John Evans Trustee James Kellogg Trustee Dennis Mahan Trustee Tod Tibbetts Trustee Craig Wallace Absent Trustee Randy Corry Trustee Shirley Hodges Also present were Town Administrator Rick Aluise, Town Clerk Sheila McIntyre, Town Attorney Mitch Randall, Community Development Director Janet Steinbach and members of the public and press. Pledge of Allegiance Consent Agenda Minutes of the May 12, 2003 Board of Trustees meeting Minutes of the Feb. 4, 2003, Feb. 18, 2003, March 18, 2003 and April 21, 2003 Planning & Zoning and Board of Adjustments meetings April financials Liquor License Renewal / Karen Donelson / Silt Bar & Cafe Liquor License Renewal / Christian Harra / Miner's Claim Restaurant Trustee Tibbetts asked if the board could receive the P & Z minutes as soon as they are completed. Director Steinbach stated they a draft could be sent to the board members as soon as they are ready. Trustee Wallace made a motion to approve the consent agenda. Trustee Kellogg seconded the motion and the motion passed 4 to 1 with Trustee Mahan voting nay stating that he feels the town has plenty of liquor establishments and that the ones that have had problems in the past maybe shouldn't be renewed. Agenda Changes Administrator Aluise asked that item L regarding the site plan review for the Red River Motel accessory building be moved forward to take place after public comments. Conflicts of Interest There were no conflicts of interest. B.O.T. 5/27/03 Public Comments There were no public comments. Site plan review — Red River Motel accessory building Don Marshall, representative for Red River Motel is here tonight. Zofia Bryjak is asking to construct a garage on the same property as the motel. Since it is being built in a commercial zone district, it must go through the site plan review process. Director Steinbach commented that the already approved retaining wall would be constructed the same time as the garage and that the garage will closely resemble the motel by being stucco as well. Trustee Tibbetts asked if when the retaining wall is constructed would the applicant be addressing the erosion problems that the property owners to the north experience. Director Steinbach stated that this would be taken care of at the time of construction. She added that the applicant has accelerated the construction of the retaining wall by bringing in this application for the accessory building. Don Marshall stated that the construction of the retaining wall behind the motel and the accessory building is scheduled to start in June. He added that the wall behind the Food Stop would not be built until the property sells and the new owner would be responsible for the construction. Mr. Marshall stated that the applicant would need to get together with the northern property owners to try and resolve the erosion problems. Robert Lyons asked the length of the retaining wall to be built on the motel property. Mr. Marshall stated it would be approximately 420 feet long. Mr. Lyons voiced his concerns about the erosion problem that has been going on for 23 years with no one doing anything about it. He feels that the violation that has caused his erosion problem should be addressed before any money is spent on a retaining wall. Dave Moore stated that when Bob Colorosa owned this property, no one made him put in a retaining wall. Mr. Moore also asked how far from the property line the wall would be located and Mr. Marshall stated that it would be twenty feet south of the property line. Trustee Wallace felt that nothing should be built prior to the wall being constructed and approved. Director Steinbach stated that the applicant is bound by their SIA and that the wall must be built now or the applicant will be in violation. Attorney Randall added that in regards to the property that the Food Stop building sits on, and the retaining wall issue, legally this lot has nothing to do with the lot that the motel sits on. Trustee Mahan made a motion to approve the site plan review for the Red River Motel accessory building. Trustee Tibbetts seconded the motion and the motion carried with Trustee Wallace abstaining. Public Hearings Ordinance Number 28, Series 2003 — Second reading Mayor Evans read Ordinance Number 28, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING SECTIONS 17.60.100, 17.60.110, 17.60.120, 17.60.130, B.O.T. 5/27/03 2 17.60140, 17.60.150, 17.60.160, 17.60.170 and 17.60.190 OF THE SILT MUNICIPAL CODE REGARDING SIGN PERMITTING AND SIGN REGULATION WITHIN THE TOWN OF SILT Mayor Evans opened the public hearing at 8:05 p.m. Dave Moore asked if those who are in violation of the sign code had been notified of this public hearing. Director Steinbach stated they had not. All public notices have been made according to state statutes. Mayor Evans closed the public hearing at 8:06 p.m. Trustee Wallace made a motion to approve Ordinance Number 28, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING SECTIONS 17.60.100, 17.60.110, 17.60.120, 17.60.130, 17.60.140, 17.60.150, 17.60.160, 17.60.170 and 17.60.190 OF THE SILT MUNICIPAL CODE REGARDING SIGN PERMITTING AND SIGN REGULATION WITHIN THE TOWN OF SILT. Trustee Tibbetts seconded the motion and the motion carried unanimously. Ordinance Number 29, Series 2003 — Second reading Mayor Evans read Ordinance Number 29, Series 2003, AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 16.08 CONCERNING POTABLE AND NON -POTABLE WATER RIGHTS DEDICATION REQUIREMENTS FOR NEW USERS UPON ANNEXATION, SUBDIVISION, REPLATTING OR EXTENSION OF WATER SERVICE Mayor Evans opened the public hearing at 8:07 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:07 p.m. Trustee Wallace made a motion to approve Ordinance Number 29, Series 2003, AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 16.08 CONCERNING POTABLE AND NON -POTABLE WATER RIGHTS DEDICATION REQUIREMENTS FOR NEW USERS UPON ANNEXATION, SUBDIVISION, REPLATTING OR EXTENSION OF WATER SERVICE. Trustee Kellogg seconded the motion and the carried unanimously. Ordinance Number 31, Series 2003 — Second reading Mayor Evans read Ordinance Number 31, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING SECTION 10.04.010 OF THE SILT MUNICIPAL CODE AND ADOPTING BY REFERENCE THE MODEL TRAFFIC CODE FOR COLORADO Mayor Evans opened the public hearing at 8:10 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:10 p.m. B.O.T. 5/27/03 Trustee Tibbetts made a motion to approve Ordinance Number 31, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING SECTION 10.04.010 OF THE SILT MUNICIPAL CODE AND ADOPTING BY REFERENCE THE MODEL TRAFFIC CODE FOR COLORADO. Trustee Mahan seconded the motion and the motion carried 4 to 1 with Trustee Wallace voting nay. Ordinance Number 25, Series 2003 — First reading Mayor Evans read Ordinance Number 25, Series 2003, AN ORDINANCE ADDING A NEW CHAPTER 5.28 OF THE SILT MUNICIPAL CODE CONCERNING THE LICENSING OF ADULT ENTERTAINMENT BUSINESSES Director Steinbach stated that this ordinance has been created to restrict adult entertainment businesses to certain areas of town. It is against the law to completely prohibit these types of businesses, but the town can make strict guidelines for them to follow. Staff is in no way condoning these types of businesses, and feels that these ordinances tonight are the best way to regulate these establishments. With our current zoning, these businesses could basically go anywhere in town. Director Steinbach added that staff is unaware of any businesses that may be interested in coming to Silt at the current time but when the time comes, the town will be prepared. The areas of town that will allow for these businesses under the new ordinances would be in Ferguson's Crossing, a small section of the Terrell addition and at both the west and east ends of the Silt Trade Center. Attorney Randall stated that the town has the ability to adopt regulations that protect public morals, health and safety. He continued by saying that there is a first amendment right to free speech, but the town also has the authority to govern certain areas of our jurisdiction. One of those areas being to prevent to secondary effects that tend to come along with these types of businesses. He added that it is appropriate for five (5) percent of the town to be available for these establishments. Mayor Evans asked what regulations the county has and Director Steinbach stated that the county has not addressed adult entertainment yet. Trustee Tibbetts commented that it is a well drafted ordinance and feels it appropriate for staff to be bringing these ordinances forward now instead of at a later date when the town may be in a pressure situation. Mayor Evans opened the public hearing at 8:27 p.m. Dave Moore requested that the board vote against allowing adult entertainment in this town. He asked that the board vote against the zoning restrictions as well. Mr. Moore stated that the only to regulate this from happening in town is by moral authority, not by bureaucratic legislation. He feels that by passing these ordinances, we are giving these businesses permission to come to Silt, thereby inviting the filth, pollution, lowered property values and destroyed marriages that come with it. Mayor Evans closed the public hearing at 8:36 p.m. Trustee Mahan stated that he agreed with most of what Mr. Moore said, but feels that we are not welcoming these businesses to Silt. By passing these ordinances we are telling these people that they are a part of the United States and the laws of the land. The Supreme Court B.O.T. 5/27/03 4 has stated that we cannot ban these people from coming into our town. Trustee Kellogg agreed and added that without anything in our code, it implies that we are welcoming any of these types of businesses into Silt anywhere they want. Administrator Aluise added that permission has already been given to these businesses to come into Silt, we are just limiting that permission to the greatest extent possible. Mr. Moore stated that staff should have sent a notice to every church and school notifying them of tonight's meeting. Attorney Randall stated that the town complies with state statutes regarding public notification and that with such a limited staff, it would very difficult to put together a list of every potential interest group for each agenda and notify them specifically. Trustee Tibbetts made a motion to approve Ordinance Number 25, Series 2003, AN ORDINANCE ADDING A NEW CHAPTER 5.28 OF THE SILT MUNICIPAL CODE CONCERNING THE LICENSING OF ADULT ENTERTAINMENT BUSINESSES. Trustee Wallace seconded the motion and the motion carried unanimously. Ordinance Number 26, Series 2003 — First reading Mayor Evans read Ordinance Number 26, Series 2003, AN ORDINANCE ADDING A NEW CHAPTER 17.74 OF THE SILT MUNICIPAL CODE CONCERNING THE ZONING OF ADULT ENTERTAINMENT BUSINESSES This ordinance will dictate where adult entertainment business can be located. The businesses will have to be located in a commercial zone district, and must be at least five -hundred (500) feet away from any religious institution, existing dwelling, school, state licensed daycare facility, public library or public park. They will also have to be at least one thousand (1000) feet from another adult entertainment facility and two -hundred (200) feet from any arterial or state highway. The areas of town that would allow for these businesses would be Ferguson's Crossing, a small section of the Terrell addition and at both the west and east ends of the Silt Trade Center. These area account for less than five (5) percent of Silts' total land mass. Mayor Evans opened the public hearing at 8:46 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:46 p.m. Trustee Kellogg made a motion to approve Ordinance Number 26, Series 2003, AN ORDINANCE ADDING A NEW CHAPTER 17.74 OF THE SILT MUNICIPAL CODE CONCERNING THE ZONING OF ADULT ENTERTAINMENT BUSINESSES. Trustee Mahan seconded the motion and the motion carried unanimously. Ordinance Number 27, Series 2003 — First reading Mayor Evans read Ordinance Number 27, Series 2003, AN ORDINANCE REPEALING SECTION 9.48.010 OF THE SILT MUNICIPAL CODE AND ADDING NEW SECTIONS 9.48.010, 9.48.020 AND 9.48.030 CONCERNING THE PREVENTION OF PUBLIC INDECENCY Mayor Evans opened the public hearing at 8:48 p.m. B.O.T. 5/27/03 5 There were no public comments. Mayor Evans closed the public hearing at 8:48 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 27, Series 2003, AN ORDINANCE REPEALING SECTION 9.48.010 OF THE SILT MUNICIPAL CODE AND ADDING NEW SECTIONS 9.48.010, 9.48.020 AND 9.48.030 CONCERNING THE PREVENTION OF PUBLIC INDECENCY. Trustee Kellogg seconded the motion and the motion carried 4 to 1 with Trustee Wallace voting nay. Ordinance Number 30, Series 2003 — First reading Mayor Evans read Ordinance Number 30, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO PROVIDING FOR REIMBURSEMENT TO THE TOWN FOR SANITARY SEWER IMPROVEMENTS WITHIN THE FIRST STREET RIGHT-OF-WAY UPON DEVELOPMENT OF SUCH PROPERTY ADJACENT TO OR FOR WHICH THE TOWN PROVIDES WASTEWATER SERVICE VIA AFOREMENTIONED IMPROVEMENTS This ordinance states that when units north of Home Avenue tie onto the first street interceptor line, they will be responsible for paying a pro -rata share of the improvement costs for this new sewer line. Trustee Tibbetts asked if this would impact existing parcels. Attorney Randall stated should someone require additional taps, they would be effected by this as well as any new development on annexed property. Mayor Evans opened the public hearing at 8:55 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:55 p.m. Trustee Kellogg made a motion to approve Ordinance Number 30, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO PROVIDING FOR REIMBURSEMENT TO THE TOWN FOR SANITARY SEWER IMPROVEMENTS WITHIN THE FIRST STREET RIGHT-OF-WAY UPON DEVELOPMENT OF SUCH PROPERTY ADJACENT TO OR FOR WHICH THE TOWN PROVIDES WASTEWATER SERVICE VIA AFOREMENTIONED IMPROVEMENTS. Trustee Wallace seconded the motion and the motion carried unanimously. Ordinance Number 32, Series 2003 — First reading Mayor Evans read Ordinance Number 32, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO PROVIDING FOR REIMBURSEMENT TO THE TOWN FOR STREET, SIDEWALK AND TRAIL IMPROVEMENTS WITHIN THE FIRST STREET RIGHT-OF-WAY UPON DEVELOPMENT OF SUCH PROPERTY ADJACENT TO OR FOR WHICH THE FIRST STREET ROW PROVIDES GENERAL ACCESS TO SUCH PROPERTIES Director Steinbach stated that the improvements that the town will be getting cost recovery from would be from Main Street to Harness Lane within the First Street right-of-way. The blanks within the ordinance will be filled in once the project is complete. Whenever a piece of property is purchased, the cost recovery will be relayed to the buyer administratively. B.O.T. 5/27/03 6 Mayor Evans opened the public hearing at 9:12 p.m. There were no public comments. Mayor Evans closed the public hearing at 9:12 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 32, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO PROVIDING FOR REIMBURSEMENT TO THE TOWN FOR STREET, SIDEWALK AND TRAIL IMPROVEMENTS WITHIN THE FIRST STREET RIGHT-OF-WAY UPON DEVELOPMENT OF SUCH PROPERTY ADJACENT TO OR FOR WHICH THE FIRST STREET ROW PROVIDES GENERAL ACCESS TO SUCH PROPERTIES. Trustee Mahan seconded the motion and the motion carried unanimously. Action Items First amendment to the MAG, LLC Annexation and Development Agreement Greg Wine, partner, is here on behalf of MAG, LLC. Director Steinbach stated that the ADA amendment was initiated due to failure to get a motion on this agreement at a previous meeting. She added that it was also found that the applicant is in noncompliance with their fee schedule according to their ADA. Should the construction impact fee and the water rights in lieu fees not be paid prior to December 31, 2003, the fees will escalate six (6) percent. The applicant has indicated to staff that they will be paying both of the fees by August 31, 2003. Staff is in favor of this arrangement. Mr. Wine also asked that the managers' name be changed to Joseph Yost from Jeffrey Yost as Jeff Yost is no longer authorized to sign. Trustee Tibbetts made a motion to approve the first amendment to the MAG, LLC Annexation and Development Agreement. Trustee Wallace seconded the motion and the motion carried unanimously. Trash Bid Contract Administrator Aluise stated that staff received just two bids for trash removal. Those two being BFI, whom our current contract is with, and Waste Management. He went on to say that it has been quite some time since the town has raised their administrative fee even though in house fees have risen thirty (30) percent in the last ten years. BFI did come in with the lowest bid and staff recommends accepting their proposal with an increase of ninety-five (95) cents to the current billings to help cover service charges. This increase would put the administrative fee at three -dollars and thirty-five cents ($3.35). The proposed charges also include the bi-weekly recycling fee. There was a consensus of the board that the service is worth the cost increase. Administrator Aluise stated that the base rate would then be $11.25 per regular household and the senior rate for those 62 years of age and older would be $10.50 per household. Trustee Wallace made a motion to accept the BFI proposal and the .95 -cent service charge increase taking the total increase to $2.60. Trustee Tibbetts seconded the motion and the motion carried unanimously, B.O.T. 5/27/03 7 Site plan review — Red River Motel accessory building This item was discussed after public comments. Town Administrator Reports Administrator Aluise gave an update on the water plant. There have been some slight difficulties with the plate settler not being built to spec. This will be corrected before the bill is paid. The pilot plant arrived yesterday so it will be up and running within the next few days. Ed Sutton had stated that he wanted to discuss assisting with the water treatment plant and Administrator Aluise informed him that it was important to get the wastewater funding first. Mayor Evans asked about the wetlands issue on the parcel by the new wastewater treatment plant and the Heron's Nest property. Administrator Aluise stated that this issue is almost resolved and that the town should be getting its permit approximately June 2, 2003. Planning & Zoning - Coal Ridge High School site plan review Director Steinbach stated that even though the school is located in the county, it is still of interest to the Town of Silt. The Planning & Zoning Commission has seen the drawings and made comments about lighting and pedestrian safety. Even though the school district does not have to take any of our recommendations, it was asked by the P & Z that a trail be constructed between Silt and the high school. It has been suggested that a joint effort be made to write a grant to make this trail possible before the school opens, The P & Z also stated that they would like to see increased landscaping to help mitigate the lights from the ball field and additional landscaping in the parking lots too. Town Attorney Attorney Randall addressed the consent agenda issue from earlier tonight and having the liquor license renewals listed as a consent agenda item. The board was instructed that if they feel for any reason that an item should be pulled from the consent agenda for further discussion, they could request so and it would then be considered separately. The board stated that they would be interested in hearing of any problems associated with the towns' liquor establishments. Perhaps the Chief of Police should supply an incident report regarding the businesses that are coming up for renewal as well as attending the meetings that the renewals will be at. In the meantime though to help streamline the board meetings, renewals will remain as a consent agenda item. Board Comments Trustee Tibbetts complimented the public works department on the nice job they have done at the Community Center Park and asked if they could address the big mud hole that is on the south side of the new equipment. The depression has filled with water and the kids love playing in it. Trustee Kellogg addressed Dave Moore's request that all parties involved with an agenda item be notified of the upcoming meeting. This should be discouraged as there is always going to be B.O.T. 5/27/03 8 somebody who is left out and may open the town up to other issues. It should be the publics job to keep up on the happenings of the town. Trustee Wallace asked if anyone has been contacted regarding the junk over by the coal yard. Staff will contact Garfield County regarding this. It was also asked how long a person has to clean up a weed problem once they have been cited for it. Staff will check into this. Trustee Wallace asked if we might consider getting noise enforcement signs to put on the roads coming into town. Staff will check into this. It was also mentioned that Robert Savage is having a problem with water running into the ditch by his house and if staff could check this out. Mayor Evans asked if the appropriate person could be contacted to take care of the weeds on the vacant lot at 9th Street and Main. It would be a nice improvement to the entrance of the town. Executive Session Trustee Kellogg made a motion to go into executive session for the purpose of determining positions relative to matter that may be subject to negotiations; developing strategy for negotiation; and instruction to negotiators under C.R.S. Section 24.6.402(4)(e). Trustee Tibbetts seconded the motion and the motion carried unanimously. The board adjourned to executive session at 10:20 p.m. At the end of the executive session, Mayor Evans made the following statement: The time is now 10:55 p.m., and the executive session has concluded. No formal action was taken in executive session. The participants in the executive session were: John Evans, James Kellogg, Dennis Mahan, Tod Tibbetts, Craig Wallace, Rick Aluise, Mitch Randall, Sheila McIntyre and Janet Steinbach. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. Adjournment Trustee Wallace made a motion to adjourn. Trustee Kellogg seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 10:55 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk John Evans Mayor B.O.T. 5/27/03 9 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING MARCH 10, 2003 The Silt Board of Trustees held their regularly scheduled meeting on Monday, March 10, 2003 in the municipal council chambers. Mayor Evans called the meeting to order at 7:00 p.m. Roll Call: Present Mayor John Evans Trustee Craig Wallace Trustee Dennis Mahan Trustee Tod Tibbetts Trustee Randy Corry Absent Trustee Shirley Hodges Trustee James Kellogg Pledge of Allegiance Consent Agenda Minutes of the February 24, 2003 Board of Trustees meeting Minutes of the January 22, 2003 Silt Ambulance meeting Minutes of the February 11, 2003 Silt Transport Paramedic meeting Trustee Tibbetts made a motion to approve the consent agenda. Trustee Wallace seconded the motion and the motion carried unanimously with Trustee Corry abstaining. Agenda Changes Town Administrator Aluise asked to bring the Wastewater Treatment Plant bid award forward on the agenda to take place after public comments. Conflicts of Interest There were no conflicts of interest. Public Comments Dave Maynard, resident, voiced his concerns about the asbestos situation that took place when the old Pyles° home was torn down earlier this year, stating that rules and regulations should be changed so that it doesn't happen again. Mr. Maynard feels that the building department is failing the citizens when it comes to this type of safety issue. Administrator Aluise clarified that it had been determined that the building was unsafe by the police department, and that it was going to be torn down by the new owners anyway. When the demolition permit was applied for, both the owner and staff were unaware that the building had to be inspected by the Colorado B.O.T. 3/10/03 Department of Environmental Health prior to demolition. CDEH came to the site and informed those involved of the appropriate procedures to follow for cleanup. Wastewater Treatment Plant bid award Greg Schroeder, Project Engineer with Schmueser Gordon Meyer was here to go over the bid opening that took place on March 5, 2003. The bids were submitted as two separate schedules with "A" referring to the sewer access road and actual line that connects the existing plant to the proposed plant, and schedule "B" is for the actual construction of the wastewater plant. Mr. Schroeder explained to the board that by having the two schedules, it allows for those contractors who may specialize in a certain area to be able to bid on just that item. This will allow the town to be able to award either two separate contracts, or one to a company who is qualified to do both items. It was explained that there is a joint construction committee that a recommendation would need to come from as well. Mr. Schroeder asked that the board not make a recommendation until all information has been received by SGM. Once the engineer has reviewed the information, it will be forwarded to the trustees. A phone vote will be done by staff with the award of the bid to be ratified at the next meeting. The plant should be functionally operational by December 6, 2003 with the actual deadline being December 31, 2003. Public Hearings Ordinance Number 3, Series 2003 — Second reading Mayor Evans read Ordinance Number 3, Series 2003, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO, CERTAIN PROPERTY KNOWN AS THE HERON'S NEST PROPERTY Attorney Randall started by addressing changes made to the Annexation and Development Agreement. On page five, Section C, blank (a) should read "56", and (b) should read "4". The applicant has agreed to enter into a temporary access easement agreement. This will give the town temporary access across the Nielson property to our wastewater treatment plant site. The applicant will also be required to continue the use of the RV Park for three years, and there will be an agreement between the town and the applicant that will address the installation of water and wastewater infrastructure to the RV Park. There was discussion of the location of the RV Park, and a trail that would tie it to the river. Staff is asking for language that clarifies either that the RV Park must front the river or that a trail be in place between the park and the river. Director Steinbach added that should the RV Park be moved to another location, that a twenty (20) foot easement with a ten (10) foot improved trail be considered since there is no current Colorado River Trail Corridor standard. Trustee Tibbetts asked that this language be added to the ADA. Bob Noone, Attorney for the applicant stated that the temporary access agreement is acceptable in substance, but would ask staff for some language changes regarding the horses on the property. He added that the agreement does not specifically address the simultaneous use of the access easement to facilitate the construction of the wastewater treatment plant, and that it occur along with the improvement of the same road surface into a permanent surface. He also asked for tighter language as to how long this agreement would last. B.O.T. 3/10/03 2 Mayor Evans opened the public hearing at 7:59 p.m. Tom Collins asked for clarification of the twenty (20) foot easement going along the river. Director Steinbach stated that it would be perpendicular to the river to allow access the RV park should it be moved from its current location. Mayor Evans closed the public hearing at 8:03 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 3, Series 2003, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO, CERTAIN PROPERTY KNOWN AS THE HERON'S NEST PROPERTY with the changes to Article 2, Section 2.01, C, item (a) to read "56" and item (b) to read "4", and also to amend the language in item 2 to state that there be a twenty (20) foot easement with a ten (10) foot improved trail if the RV Park is moved off of its current location. Trustee Wallace seconded the motion and the motion carried unanimously. Ordinance Number 10, Series 2003 — First reading Mayor Evans read Ordinance Number 10, Series 2003, AN ORDINANCE ZONING AS A PLANNED UNIT DEVELOPMENT CERTAIN NEWLY ANNEXED LAND COMMONLY KNOWN AS THE STONEY RIDGE ANNEXATION Director Steinbach stated that the development is contemplating 151 units of which ten (10) will be duplex lots, with the majority of the lots having alley access. The applicant has been asked to reduce the building height to twenty-seven (27) feet. Staff has also asked that porches are included on all the duplex lots and that accessory sheds are no larger than one hundred -twenty (120) square feet. The applicant has asked for three (3) signs with one at each access. The applicant is asking that he not be required to fully develop the parks because of the amount of resources that he is putting into the ball field construction. Trustee Corry stated that parks should be developed as a courtesy to the residents, and can only be an asset to the subdivision and to the many children who will be living there. Kelly Lyon, applicant, stated that not only is he spending a large amount of money developing the ball field, but that he is also putting approximately 280 trees within the entire subdivision and feels that tot lots are not that popular. Mr. Lyon added that the parks would be sodded, along with trees and benches. Mayor Evans opened the public hearing at 8:24 p.m. Derek Walter stated that it is crucial to develop a tot lot, adding that there is nothing in the area for younger children to play on. The parks really need to cater to the younger families. Mayor Evans closed the public hearing at 8:28 p.m. It was discussed that maybe the applicant could design an area for a playground and that in the future the residents could pursue grants for park equipment with the town backing their applications with available resources. Trustee Tibbetts made a motion to approve Ordinance Number 10, Series 2003, AN ORDINANCE ZONING AS A PLANNED UNIT DEVELOPMENT CERTAIN NEWLY ANNEXED B.O.T. 3/10/03 3 LAND COMMONLY KNOWN AS THE STONEY RIDGE ANNEXATION. Trustee Mahan seconded the motion and the motion carried unanimously. Ordinance Number 14, Series 2003 — First reading Mayor Evan read Ordinance 14, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ADDING TO AND AMENDING SECTION 15.04.010 "UNIFORM BUILDING CODE AND STANDARDS ADOPTED" OF THE SILT MUNICIPAL CODE AND ADJUSTING FEES HEREIN Director Steinbach stated that the fees shall automatically increase per annum by three (3) percent, beginning on January 1, 2004. She continued saying that the International Conference of Building Officials are changing their format by eliminating the Uniform Building Code and replacing it with the International Building Code. The current Silt Municipal Code references the UBC and therefore will need to be changed to our new reference once it is in place. The new fee schedule will reduce the fees that are currently being charged on building permits. Director Steinbach added that the new schedule is more in line with the surrounding area and could help promote growth in the town. Mayor Evans opened the public hearing at 8:44 p.m. Dave Moore asked what the penalties are if a permit expires. It was stated by Director Steinbach that there is no penalty but that the applicant must ask for an extension. Mr. Moore added that he feels that it is not fair to compare our fees with the surrounding area, that the fees should be based on actual data. The hard cost of the construction should dictate the fees. He added that he wanted to commend Town Administrator Rick Aluise for getting Silt back on its feet. Mr. Moore added that he feels that he can build for less per square foot than what the new ordinance states. He also stated that he feels it isn't fair to have the building official approve what a contractor has already paid an engineer to do. Director Steinbach added that staff is considering implementing a set fee for both residential and commercial, but needs time to review the International Code for context. Staff is trying to establish averages but needs to have a basis that covers both ends of the spectrum. Town Administrator Aluise stated that upon discussions with other contractors in town, several felt that the proposed new fees were not that far out of line. It was discussed that the fees charged be calculated at the end of the project so that more accurate figures can be given on the materials actually purchased. Trustee Corry questioned the possible abuse the town could expose themselves to by doing it this way. Administrator Aluise commented that it could pose a problem, but that every year the town is audited, and problems could be caught at that time. He added that to ensure that the correct use tax is charged, the permit holder could bring in the break down of fees from their tax service so that the town can verify what was purchased. Duke Cox added that for a small house, the new standards would be good, but for larger homes that are built, it amounts to a large amount of money. Mr. Cox commended staff for moving in the right direction. He added that he feels that the new proposed fees are fair and added that the town is not allowed to charge more than what they are impacted by. Mr. Cox concluded that he encourages staff to adopt this new ordinance. B.O.T. 3/10/03 4 Mayor Evans closed public hearing at 9:10 p.m. Trustee Tibbetts asked if a mechanism similar to calculating use tax could be set up to calculate building valuations and costs based off of verified documents from the builder without creating a huge administrative burden. Staff stated that this could probably be done. Trustee Wallace questioned how this would work for someone wanting to build his or her own home. All fees would still need to be paid. Trustee Mahan made a motion to approve Ordinance 14, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ADDING TO AND AMENDING SECTION 15.04.010 "UNIFORM BUILDING CODE AND STANDARDS ADOPTED" OF THE SILT MUNICIPAL CODE AND ADJUSTING FEES HEREIN. Trustee Wallace seconded the motion and the motion carried unanimously. Ordinance Number 15, Series 2003 — First reading Mayor Evans read Ordinance Number 15, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO REPEALING AND REPLACING SECTION 13.04.260 OF THE SILT MUNICIPAL CODE CONCERNING EQR CALCULATIONS ASSOCIATED WITH THE WATER SYSTEM IMPROVEMENT FEE Director Steinbach stated this ordinance is to address the concerns of the contractors regarding the addition of bedrooms to a home and the EQR's attached to them. Changes were also made to multi -family and commercial units. The new language is far more consistent than what is currently being used. Mayor Evans opened the public hearing at 9:32 p.m. Dave Moore stated that this new code doesn't make sense since there is no data base to prove this information. Director Steinbach explained that the money the town collects for water and sewer tap fees is used towards capital improvements to the water systems. Town Administrator Aluise stated that staff is looking at the potential unit demand, and that the wear and tear on the plant and system needs to be factored in. Derek Walter commented that he sees a flaw by using fixtures to calculate EQR's. Demand is on how many people are going to use them, based off of the number of bedrooms. Duke Cox agreed that it should be based on the number of bedrooms and the potential occupancy. Mayor Evans closed the public hearing at 10:00 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 15, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO REPEALING AND REPLACING SECTION 13.04.260 OF THE SILT MUNICIPAL CODE CONCERNING EQR CALCULATIONS ASSOCIATED WITH THE WATER SYSTEM IMPROVEMENT FEE. Trustee Wallace seconded the motion and the motion carried unanimously. B.O.T. 3/10/03 5 Ordinance Number 5, Series 2003 — First reading Mayor Evans read Ordinance Number 5, Series 2003, AN ORDINANCE REPEALING AND REPLACING CHAPTER 9.12.010 OF THE TOWN OF SILT MUNICIPAL CODE REGARDING DISORDERLY CONDUCT WITHIN THE TOWN Attorney Randall clarified that this ordinance is in response to a change of wording in state law. Mayor Evans opened the public hearing at 10:06 p.m. There were no public comments. Mayor Evans closed the public hearing at 10:06 p.m. Trustee Corry made a motion to approve Ordinance Number 5, Series 2003, AN ORDINANCE REPEALING AND REPLACING CHAPTER 9.12.010 OF THE TOWN OF SILT MUNICIPAL CODE REGARDING DISORDERLY CONDUCT WITHIN THE TOWN. Trustee Tibbetts seconded the motion and the motion carried unanimously. Ordinance Number 4, Series 2003 — First reading Mayor Evans read Ordinance Number 4, Series 2003, AN ORDINANCE REPEALING AND REPLACING SECTIONS 17.42.050 AND 17.42.060 AND ADDING TO SECTION 17.42.260, SUBSECTIONS OF THE SILT MUNICIPAL CODE PERTAINING TO DESIGN REVIEW CRITERIA Director Steinbach stated that this ordinance has come before the board to include Planned Unit Developments within the Commercial and Multi -family site plan review portion of the code. Language was added addressing erosion standards that will add to the safety and welfare of the residents. Mayor Evans opened the public hearing at 10:09 p.m. There were no public comments. Mayor Evans closed the public hearing at 10:09 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 4, Series 2003, AN ORDINANCE REPEALING AND REPLACING SECTIONS 17.42.050 AND 17.42.060 AND ADDING TO SECTION 17.42.260, SUBSECTIONS OF THE SILT MUNICIPAL CODE PERTAINING TO DESIGN REVIEW CRITERIA. Trustee Mahan seconded the motion and the motion carried unanimously. Trustee Wallace excused himself from the board meeting at 10:10 p.m. B.O.T. 3/10/03 6 Ordinance Number 12, Series 2003 — First reading Mayor Evan read Ordinance 12, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING SECTION 15.04.100 OF THE SILT MUNICIPAL CODE CONCERNING FENCES Director Steinbach stated that changes have been made to help make this part of the code clearer. The building evaluation fee has been removed and a set fee of fifty dollars ($50) has been put in place. Planning & Zoning Commission has recommended that the front yard fence height be changed to forty-eight (48) inches. Mayor Evans opened the public hearing at 10:17 p.m. There were no public comments. Mayor Evans closed the public hearing at 10:17 p.m. Trustee Mahan made a motion to approve Ordinance 12, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING SECTION 15.04.100 OF THE SILT MUNICIPAL CODE CONCERNING FENCES. Trustee Tibbetts seconded the motion and the motion tied 2-2 with Mayor Evans and Trustee Corry voting against it. Trustee Corry made a motion to approve the new fees as stated in Ordinance 12, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO AMENDING SECTION 15.04.100 OF THE SILT MUNICIPAL CODE CONCERNING FENCES, leaving the height of front yard fences at forty-two (42) inches. Trustee Tibbetts seconded the motion and the motion carried 3-1 with Trustee Mahan voting nay. Ordinance Number 13, Series 2003 — First reading Mayor Evans read Ordinance Number 13, Series 2003, AN ORDINANCE ANNEXING FIRST STREET AND HARNESS LANE This ordinance will annex First Street from Home Avenue to Harness Lane and Harness Lane from First Street to the western boundary of Spruce Meadows. Mayor Evans opened the public hearing at 10:20 p.m. There were no public comments. Mayor Evans closed the public hearing at 10:20 p.m. Trustee Tibbetts made a motion to approve Ordinance Number 13, Series 2003, AN ORDINANCE ANNEXING FIRST STREET AND HARNESS LANE. Trustee Mahan seconded the motion and the motion carried unanimously. B.O.T. 3/10/03 7 Action Items Resolution Number 14, Series 2003 Mayor Evans read Resolution Number 14, Series 2003, A RESOLUTION APPROVING THE TOWN OF SILT EMPLOYEE MANUAL Administrator Aluise stated that language was added to the existing handbook for the creation of this new document. One change to the handbook regards comp time. There have been situations that have caused staff to decide whether to pay overtime or comp time. The police department and public works department have been addressed specifically. What will be instituted is a limit of eighty hours (80) of comp time. If a person should exceed more than eighty hours, overtime will then be paid. Trustee Tibbetts made a motion to approve Resolution Number 14, Series 2003, A RESOLUTION APPROVING THE TOWN OF SILT EMPLOYEE MANUAL. Trustee Corry seconded the motion and the motion carried unanimously. Resolution Number 13, Series 2003 Mayor Evans read Resolution Number 13, Series 2003, A RESOLUTION OF THE TOWN OF SILT, COLORADO, EXTENDING AN AGREEMENT WITH CRIMSON WIRELESS FOR HIGH SPEED INTERNET ACCESS FOR THE TOWN Attorney Randall stated that this is a lease that allows Crimson Wireless to use town property for placement of their equipment. In exchange for this the town gets nominal rent and in-kind services. Also if more than fifty (50) customers sign up, the town gets a portion of the revenue. Trustee Mahan made a motion to approve Resolution Number 13, Series 2003, A RESOLUTION OF THE TOWN OF SILT, COLORADO, EXTENDING AN AGREEMENT WITH CRIMSON WIRELESS FOR HIGH SPEED INTERNET ACCESS FOR THE TOWN. Trustee Corry seconded the motion and the motion carried unanimously. Resolution Numbers 15-18, Series 2003 Mayor Evans read Resolution Numbers 15-18, Series 2003, RESOLUTIONS FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR COUNTY ROAD 231, No. 1, No. 2, No. 3 and No. 4, AND SCHEDULING A PUBLIC HEARING THEREON Director Steinbach stated that this annexation is for First Street, north of Harness Lane to the northern boundary of the Bookcliff Farm PUD as required by the county. Edie Goldman asked when adjoining property owners would be notified of this annexation. She added that most of this annexation is on her property. According to Ms. Goldman, Sheila Wills, owner of Bookcliff Farm has made no attempt to make any provisions to improve the road. Director Steinbach stated that the town is only annexing what the county states belongs to them and that Ms. Wills will be responsible for improving the road all the way up to her northern property boundary. Ms. Goldman stated her concern that a portion of her property would be B.O.T. 3/10/03 8 annexed along with the county road and Director Steinbach stated that the right-of-way cannot enclave her. Trustee Tibbetts made a motion to approve Resolution Numbers 15-18, Series 2003, RESOLUTIONS FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR COUNTY ROAD 231, No. 1, No. 2, No. 3 and No. 4, AND SCHEDULING A PUBLIC HEARING THEREON. Trustee Mahan seconded the motion and the motion carried unanimously. Town Administrator Reports Administrator Aluise commented about the Ambulance Standard Operating Procedures and the Public Works manual should the board have any questions. The board had requested a meeting with the county commissioners and Ed Green has suggested either March 26 or April 2, 2003. Both dates were acceptable to the board. Administrator Aluise asked for input on what topics the board would like to see on the agenda. Administrator Aluise stated that he has been asked to serve as a member of a water board, and if the board were agreeable to this, it would require a resolution permitting him to do so. There was a consensus of the board for the administrator to serve in this capacity. This will help the town to be more aware of what is taking place in regards to water issues. Planning & Zoning There were no Planning & Zoning comments. Town Attorney There were no Town Attorney comments. Board Comments Trustee Tibbetts stated that a well is going to be put on the northwest corner of the existing water plant site. There is still a focus on another water treatment plant site depending on the status of Stillwaters' funding. Trustee Mahan stated that he would like to see the board make a firm commitment that tap fees not be reduced. Administrator Aluise added that if Stillwater joins the town in the construction of a water plant, then the town would be able to charge them tap fees. Administrator Aluise spoke of the next Draft Horse Classic, and that each person will be assigned duties. There were comments from the board regarding the resignation of Janet Steinbach as she has accepted a position in Idaho. Her last day will be somewhere around March 24, 2003. The board stated that they hate to see her go and thanked her for her years of service to the Town of Silt. Trustee Mahan stated that he is happy with the current speed limit through town. It was discussed that it should be slower than 45 mph though the Silt Trade Center portion. B.O.T. 3/10/03 9 Executive Session There was no executive session. Adjournment Mayor Evans called for a motion to adjourn. Trustee Corry made a motion to adjourn, Trustee Tibbetts seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 11:14 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk John Evans Mayor B.O.T. 3/10/03 10 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING February 24, 2003 The Silt Board of Trustees held their regularly scheduled meeting on Monday, February 24, 2003 in the municipal council chambers. Mayor Evans called the meeting to order at 7:00 p.m. Roll call: Present Mayor John Evans Trustee Shirley Hodges Trustee James Kellogg Trustee Craig Wallace Trustee Dennis Mahan Trustee Tod Tibbetts Absent Trustee Randy Corry Also present were Town Administrator Rick Aluise, Town Attorney Mitch Randall, Town Clerk Sheila McIntyre, Community Development Director Janet Steinbach, Town Engineer Dave Kotz and members of the public and press. Pledge of Allegiance Consent Agenda Minutes of the February 10, 2003 Board of Trustees meeting January 2003 Financials Trustee Wallace made a motion to approve the consent agenda. Trustee Tibbetts seconded the motion and the motion carried unanimously. Agenda changes Agenda item "E" — RJ Business Enterprises, will be moved up to public comments. Conflicts of Interest There were no conflicts of interest. Public Comments RJ business enterprises — Reduction of tap fees On May 13, 2002, Roxan Jakary and Barry Bovie had been approved a waiver of $13,000 in water and wastewater system improvement fees for a health club facility proposal for Lots 80 and 81 in the Silt Trade Center. The applicant's current proposal is for a combined health club (reduced size), small employee dwelling unit, and a contractor office. The proposal now B.O.T. 2/24/03 1 contemplates 4.6 EQRs, for a total of $32,000 ($25,200 with credit). The applicant requests the board to honor the previous agreement for a reduced total tap price of $20,000. The applicant added that they would have some sales tax generating retail. Trustee Wallace made a motion to approve the request to honor the original agreement of May 13, 2002, for a total price of $20,000 for tap fees. Trustee Kellogg seconded the motion and the motion passed 4 —2 with Trustees Tibbetts and Mahan voting nay. Public hearing Ordinance Number 3, Series 2003 — First reading Mayor Evans read Ordinance Number 3, Series 2003, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO, CERTAIN PROPERTY KNOWN AS THE HERON'S NEST PROPERTY At the last meeting the applicant was unsure if the wetlands were jurisdictional or not. The wetlands could make a significant difference as to how much commercial development could take place on this property. Town Administrator Aluise stated that he had spoken with wetlands expert David Johnson and he has submitted his request to the Army Corps of Engineers to have at least a portion of the questionable area declared as non -jurisdictional. The wetlands issue may very well have been created by irrigation. Stan Clauson stated that the issues regarding the Annexation and Development Agreement from the last meeting, he feels have been addressed. Mr. Clauson briefed the board on the changes in the most recent ADA. The agreement as it is written allows the applicant in -town tap fees for three years. Trustee Tibbetts asked if there would be any objection from the staff or applicant to raise the time frame up to five years. This was agreeable by all. Trustee Wallace stated that he would like to see the applicant continue to provide a RV Park for travelers, adding that this area lacks in this type of service. Cory Nielson, applicant, stated that they have not totally ruled out keeping the park as part of their project. Mayor Evans opened the public hearing at 8:06 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:06 p.m. Attorney Randall went over the ADA briefly stating that the Construction Impact Fee will be $107,989.20 with the acres to be multiplied by 27.46 and on page 6 the blank should read 3.04D(3). Trustee Tibbetts made a motion to approve Ordinance Number 3, Series 2003, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO, CERTAIN PROPERTY KNOWN AS THE HERON'S NEST PROPERTY, with the statistical additions made by the Town Attorney. Trustee Wallace seconded the motion and the motion carried unanimously. B.O.T. 2/24/03 2 Ordinance Number 9, Series 2003 — Second reading Mayor Evans read Ordinance Number 9, Series 2003, AN ORDINANCE REPEALING SECTIONS 13.04.410, 13.04.420, 13.04.430, 13.04.440 AND 13.04.450 OF THE SILT MUNICIPAL CODE AND ADDING NEW SECTIONS 13.02.070, 13.02.080, 13.02.090, 13.04.410, 13.04.415, 13.04.420, 13.04.430, 13.04.440 AND 13.04.450 CONCERNING THE PREVENTION OF WASTE OF WATER Mayor Evans opened the public hearing at 8:13 p.m. Duke Cox asked if there are any regulations included for dust abatement and Administrator Aluise stated that this ordinance does not contain language for that. Harold Smith asked about the use of cross connection prohibitors, and Administrator Aluise stated that back flow preventors would not be allowed. Mr. Smith also asked about the times last year when there was no water at all for irrigation, and what the town was going to do to improve it. Trustee Tibbetts briefed the public on the improvements that are taking place with the irrigation system, adding that potable water may be used for irrigation upon permission from town staff. Mayor Evans closed the public hearing at 8:27 p.m. Trustee Wallace stated that he had received a few phones calls on this ordinance, and that most people were in agreement with it. It was suggested that an incentive be offered for those who use less water than they normally would. Town Administrator Aluise commented that another ordinance would be coming before the board addressing water rates. Trustee Mahan made a motion to approve Ordinance Number 9, Series 2003, AN ORDINANCE REPEALING SECTIONS 13.04.410, 13.04.420, 13.04.430, 13.04.440 AND 13.04.450 OF THE SILT MUNICIPAL CODE AND ADDING NEW SECTIONS 13.02.070, 13.02.080, 13.02.090, 13.04.410, 13.04.415, 13.04.420, 13.04.430, 13.04.440 AND 13.04.450 CONCERNING THE PREVENTION OF WASTE OF WATER. Trustee Wallace seconded the motion and the motion carried unanimously. Ordinance Number 8, Series 2003 — First reading Mayor Evans read Ordinance Number 8, Series 2003, AN ORDINANCE REPEALING AND REPLACING CHAPTER 8.20 OF THE TOWN OF SILT MUNICIPAL CODE REGARDING THE OPEN BURNING OF MATERIAL WITHIN THE TOWN This ordinance more clearly states what would and would not be permitted to burn compared to what the current code states. Trustee Tibbetts asked what the residents would do if not allowed to burn brush. It was stated that it would have to be bundled up and go out with the trash or hauled off to the dump. The town will also be sponsoring its annual clean up at the end of April, at which time the town could take it. Mayor Evans opened the public hearing at 8:43 p.m. Dave Moore asked if any type of incinerator is acceptable and staff stated that there is not. Mr. Moore feels that the town is restricting too many things and asks the board to disapprove this ordinance. He added that the process of getting a permit from the town has seemed to work B.O.T. 2/24/03 3 well in the past and that the residents have always acted responsible with their burns and that there have not been any accidents to date. Duke Cox also asked the board to vote against this ordinance. Mr. Cox suggested educating the public on responsible burns and to provide guidelines for when a burn is being done. Carla Scheck asked if the current code could just be modified. Peggy Cox stated that this ordinance is going to create a problem with the disposing of wood, leaves and other such items. Mayor Evans closed the public hearing at 9:13 p.m. It was discussed that this ordinance be held until a later date when the need for an emergency ordinance may become a necessity. Ordinance Number 8, Series 2003, AN ORDINANCE REPEALING AND REPLACING CHAPTER 8.20 OF THE TOWN OF SILT MUNICIPAL CODE REGARDING THE OPEN BURNING OF MATERIAL WITHIN THE TOWN died for lack of a motion. 1990 Grand Avenue — Amendment to the SIA MAG, LLC, the applicant, is asking for the delayed recordation of their final plat and the payment of fees associated with it. They are also asking that they be allowed to rent out the home on the property until the time of recordation, which would be no later than February 28, 2004. Trustee Tibbetts made a motion to approve the first amendment to the MAG, LLC Subdivision Improvements Agreement. Trustee Wallace seconded the motion and the motion carried unanimously. First Street Interceptor line bid approval Town Administrator Aluise stated that High Country Engineers has suggested that the board approve the low bidder for the First Street interceptor line. Dow Construction came in with the low bid of $594,566.50. Trustee Mahan made a motion to award the bid to Dow Construction. Trustee Wallace seconded the motion and the motion carried unanimously. Resolution Number 9, Series 2003 Mayor Evans read Resolution Number 9, Series 2003, A RESOLUTION APPROVING A PRELIMINARY PLAN FOR THE STONEY RIDGE SUBDIVISION Director Steinbach stated that the applicant has proposed tying the Mesa View water tank with the Sunrise water tank to boost the water pressure as well as service their development. Staff is proposing a surcharge for the upper pressure zone to be paid at building permit or ask the applicant to provide their own tank. Another concern of staff is the drainage where the new ball field is being proposed as well as wetlands in that area. B.O.T. 2/24/03 4 Town Engineer, Dave Kotz clarified that he doesn't feel that there are any issues that cannot be dealt with. Mr. Kotz addressed water storage stating that the town has enough storage right now to meet its total demands, but that more would be better. Stoney Ridge will cut into the towns' comfort level of water storage and it is always suggested that every development should contribute to the town. Kelly Lyon, applicant, stated that he will be putting in an irrigation tank that will hold 98,000 gallons of project water. The Home Owners Association will be responsible for the irrigation system. Mr. Kotz talked about the drainage to the detention pond north of the proposed ball field. This will be addressed more at final plat. He added that there could be a wetlands issue there and that a consultant should look at it. There is also a spring surfacing in this area that could be a concern. Mike Gamba, engineer for the applicant stated that by lining the detention pond, it might help to alleviate problems that the school experiences from the spring as well. It could also help when eight to ten feet of fill is brought in for the ballpark. Attorney Randall stated that staff is negotiating a memorandum of understanding with the school concerning the conveyance of the school property to the town for the ball field with the condition that the town can take care of the drainage. Mayor Evans asked for confirmation that the setbacks in the front yards to the porches are ten feet and Director Steinbach stated that he was correct but that the front of the structures will still have the same setbacks that the code currently allows. The HOA will be responsible for taking care of the parks and all common areas. Kelly Lyon requested from the board that he be able to start infrastructure prior to final plat approval. The applicant would also like to request the waiver of posting a bond. Mr. Lyon stated that he would like to be able to start work on 16th Street next week before the irrigation water is turned on for the season. Mayor Evans opened the public hearing at 10:32 p.m. There were no public comments. Mayor Evans closed the public hearing at 10:32 p.m. Trustee Mahan asked for clarification on whether security needed to be posted to start construction on 16`h Street. Staff is asking that security be posted maybe in the form of a letter of credit that will protect the city should the applicant not be able to perform. John Savage, Attorney for the applicant, stated that what Mr. Lyon needs to provide is a reclamation bond that would cover to cost of stabilizing this area should it not be completed. Trustee Tibbetts stated that he was comfortable with Mr. Lyon starting 16th Street as long as the plans have been approved by the towns' engineer and that the town has some type of liability statement and a reclamation plan should he not be able to finish the job. Attorney Randall asked that the applicant supply a letter of credit prior to construction. Mr. Lyon added that he will have the Army Corp of Engineers come in and check out the area where the proposed ball field will be going before fill is brought in to see if there are any wetlands issues. Trustee Tibbetts made a motion to approve Resolution Number 9, Series 2003, A RESOLUTION APPROVING A PRELIMINARY PLAN FOR THE STONEY RIDGE SUBDIVISION and to exclude the requirement to build a water storage tank but to note a B.O.T. 2/24/03 5 change, that the development may be part of a future ordinance addressing additional storage capacity for the upper zone. Trustee Wallace seconded the motion and the motion carried unanimously. Trustee Tibbetts made a motion to approve the request to start construction on 16`h Street on March 3, 2003, after the towns' engineer has signed off on the plans, a liability statement has been provided by the developer and that a reclamation bond or letter of credit in an amount as determined by the towns' engineer has been posted for the minimum amount required for the towns' needs. Trustee Mahan seconded the motion and the motion carried unanimously. Resolution Number 11, Series 2003 Mayor Evans read Resolution Number 11, Series 2003, A RESOLUTION SUPPORTING THE APPLICATION FOR THE GREAT OUTDOORS COLORADO GRANT TO FUND SKATEBOARD EQUIPMENT AT FLYING EAGLE PARK Trustee Tibbetts made a motion to approve Resolution Number 11, Series 2003, A RESOLUTION SUPPORTING THE APPLICATION FOR THE GREAT OUTDOORS COLORADO GRANT TO FUND SKATEBOARD EQUIPMENT AT FLYING EAGLE PARK. Trustee Kellogg seconded the motion and the motion carried unanimously. Ordinance Number 11, Series 2003 - Emergency Mayor Evans read emergency Ordinance Number 11, Series 2003, AN EMERGENCY ORDINANCE OF THE TOWN OF SILT, COLORADO, EXTENDING THE FRANCHISE AGREEMENT WITH A T & T / TCI CABLEVISION OF COLORADO, INC. FOR A PERIOD OF NINETY (90) DAYS Comcast of Colorado IV, LLC and the Town of Silt have been working together to bring before the board a cable television system franchise agreement. Attorney Randall started by saying that the agreement has an initial term of five years with an automatic ten-year extension that will include an upgrade to the system to 750 megahertz. This could take place in the next couple of months. He added that one outstanding issue is that Comcast would coordinate the cable system expansion into newly annexed or newly developed areas so that it would be available upon occupancy. Comcast has asked that language be added that states that they will be included in the platting process, and to require as a condition of issuing a permit, that for open trenching to any utility, Comcast will get 10 days notification of any open trench with reasonable access to it. This provision will help limit road cuts and the amount of times a trench has to be opened. Jim Niswender, representing Comcast, stated that several communities have started adopting ordinances to help prevent developers from digging trenches and then filling them in without contacting other utility companies that may be interested in using the same trench while it is open. These ordinances help to place the burden more on the developers and utility companies and less on staff. Having a 10 -day notice at least allows companies to prepare for when the trench is going to be open. Attorney Randall stated that the town currently has an ordinance that pertains to the old CATV regulations. The current code will need to be repealed the same time the new agreement is approved. At this same time, a new section of code could be adopted with an additional section B.O.T. 2/24/03 6 of language included in the subdivision regulations that require developers to go through this, and stating that it will be provided in the subdivision improvements agreement. Trustee Tibbetts made a motion to approve emergency Ordinance Number 11, Series 2003, AN EMERGENCY ORDINANCE OF THE TOWN OF SILT, COLORADO, EXTENDING THE FRANCHISE AGREEMENT WITH A T & T / TCI CABLEVISION OF COLORADO, INC. FOR A PERIOD OF NINETY (90) DAYS. Trustee Wallace seconded the motion and the motion carried unanimously. Resolution Number 7, Series 2003 Mayor Evans read Resolution Number 7, Series 2003, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, DECLARING A DROUGHT EMERGENCY AND REQUIRING THE ENFORCEMENT OF ALL CODES PERTAINING TO DROUGHT EMERGENCY This resolution goes along with the water ordinance passed earlier tonight. This does not need to be passed tonight and should perhaps wait until a later date to be approved. There was a consensus of the board to table this resolution until the March 24, 2003 meeting at which point Ordinance Number 9, Series 2003 will be in effect. In the meantime, staff will work on educating the public by means of the access channel, water billings and newsletter. Town Administrator Reports Administrator Aluise suggested that the board review the employee handbook, the standard operating procedures for the ambulance and the public works manual with discussion to take place at the next meeting. Meredith Robinson asked that the board be notified of a Revolving Loan Fund meeting that will take place on March 12, 2003 at the Rifle City Hall from 9:00 a.m. until 2:00 p.m. Staff has asked that a vote for the annexation of Highway 6 & 24 and Interstate 70 be held at the April 2004 general election. Planning & Zoning comments There were no Planning & Zoning comments. Town Attorney There were no Town Attorney comments. Board Comments Trustee Wallace asked if any information had been found regarding a leash law at River Park. He added that the police should at least be made aware if there is a complaint about someone's B.O.T. 2/24/03 7 dogs, and that they will be ticketed for not having a leash. Trustee Tibbetts stated that River Park was designated as a leash -free park in the ordinance. Executive Session There was no executive session. Adjournment Mayor Evans called for a motion to adjourn. All trustees made a motion to adjourn. It was seconded by all and the meeting was adjourned at 11:40 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk John Evans Mayor B.O.T. 2/24/03 8 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING February 10, 2003 The Silt Board of Trustees held their regularly scheduled meeting on Monday, February 10, 2003 in the municipal council chambers. Mayor Evans called the meeting to order at 6:58 p.m. Roll call: Present Mayor John Evans Trustee Craig Wallace Trustee James Kellogg Trustee Tod Tibbetts Trustee Randy Corry Trustee Dennis Mahan Absent Trustee Shirley Hodges Also present were Town Administrator Rick Aluise, Town Attorney Mitch Randall, Town Clerk Sheila McIntyre, Community Development Director Janet Steinbach and members of the public and press. Pledge of Allegiance Consent Agenda Minutes of the January 27, 2003 Board of Trustees meeting Minutes of the December 18, 2002 Silt Ambulance Service Trustee Wallace made a motion to approve the consent agenda. Trustee Kellogg seconded the motion and the motion carried unanimously. Agenda changes There were no agenda changes. Conflicts of interest There were no conflicts of interest. Public comments There were no public comments. B.O.T. 2/10/03 1 Public hearings Resolution Number 4, Series 2003 Mayor Evans read Resolution Number 4, Series 2003, A RESOLUTION APPROVING THE STONEY RIDGE LOT #1 SUBDIVISION EXEMPTION FINAL PLAT The applicant, Kelly Lyon, is asking that lot #1 be exempt from the subdivision requirements for the Stoney Ridge project. It has been asked that the parkland fee be paid prior to occupancy of the "Mazuchi" house and that the $200.00 school impact fee be waived. Mayor Evans opened the public hearing at 7:06 p.m. Dee Hughes, 0748 E Vista Drive, is curious about the entire subdivision. It was suggested that he contact staff for more information. Mayor Evans closed the public hearing at 7:08 p.m. Trustee Tibbetts asked about the property access, and if for any reason the project did not move forward, the current driveway would remain as access to the Mazuchi property, also known here as Lot #1. Director Steinbach clarified that the access would remain. Trustee Corry made a motion to approve Resolution Number 4, Series 2003, A RESOLUTION APPROVING THE STONEY RIDGE LOT #1 SUBDIVISION EXEMPTION FINAL PLAT. Trustee Wallace seconded the motion and the motion carried unanimously. Ordinance 7, Series 2003 — second reading Mayor Evans read Ordinance Number 7, Series 2003, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO, CERTAIN PROPERTY KNOWN AS THE GARFIELD COUNTY RE -2 SCHOOL DISTRICT ENCLAVE Mayor Evans opened the public hearing at 7:12 p.m. There were no public comments. Mayor Evans closed the public hearing at 7:12 p.m. Trustee Wallace made a motion to approve Ordinance Number 7, Series 2003, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO, CERTAIN PROPERTY KNOWN AS THE GARFIELD COUNTY RE -2 SCHOOL DISTRICT ENCLAVE. Trustee Kellogg seconded the motion and the motion carried unanimously. Ordinance Number 9, Series 2003 — first reading Mayor Evans read Ordinance Number 9, Series 2003, AN ORDINANCE REPEALING SECTIONS 13.04.410, 13.04.420 AND 13.04.430 OF THE SILT MUNICIPAL CODE AND ADDING NEW SECTIONS 13.02.070, 13.02.080, 13.04.410, 13.04.415, 13.04.420, 13.04.430, B.O.T. 2/10/03 2 13.04.440 AND 13.04.450 CONCERNING THE PREVENTION OF WASTE OF POTABLE AND IRRIGATION WATER Administrator Aluise started by saying that the code has been reviewed regarding waste of water, and staff is presenting this proposal to control the usage of water. Times of day restrictions have not been added since this tends to make water usage soar. It also causes everyone to water at the same time, and empties the tanks more rapidly. Watering will be restricted on Fridays to allow one day for the tanks to fill before the start of each weekend. This will help to supply more water with better pressure. Attorney Randall stated to the board that Sections 13.02.070 and 13.02.080 would only be effective on a yearly basis when a resolution is passed declaring drought conditions. Staff is trying to get a jump on the season and wants to get this information out to the public as soon as possible. It will be included in the next newsletter along with water saving tips. There will also be a handout available at the front window. Trustee Corry stated the importance of educating the public and making them aware of this ordinance so that they may voice concerns and/or comments. Copies of the ordinance should be made available at town hall for the residents to pick up before the next meeting of February 24, 2003. By making the public aware early in the season, the policy will be well known and a zero tolerance will be in effect with citations issued immediately for violations. Trustee Tibbetts stated his concern for Section 13.04.410 (b), and that the irrigation system has legitimate deficiencies. The language should allow for more latitude in allowing the use of potable water for irrigation when necessary. Trustee Kellogg added that in Section 13.02.070, items a,b,e,f and g could be enforced at all times and that a drought emergency would implement those items in addition to c and d. Mayor Evans complimented staff for getting this ordinance off the ground so early in the season. Mayor Evans opened the public hearing at 8:11 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:11 p.m. The board discussed issues that they felt should be addressed for this ordinance. There was a consensus that items a,b,e,f and g be enforced on a permanent basis and items c and d only during a drought emergency. Trustee Mahan stated that he is opposed and that the ordinance should be enforced as it is written with Mayor Evans concurring. The other items discussed to add to the ordinance are as follows: Allow language for commercial use of water (washing engines, etc.) Allow for "bucket" washing of vehicles Allow for fire hydrant flushing Maximum water time limit of one hour Allow for more latitude in the language of Section 13.04.410 (b), to allow for more administrative control Delete the last sentence in Section 13.04.410 (b) regarding absence of irrigation infrastructure B.O.T. 2/10/03 3 Trustee Mahan made a motion to approve Ordinance Number 9, Series 2003, AN ORDINANCE REPEALING SECTIONS 13.04.410, 13.04.420 AND 13.04.430 OF THE SILT MUNICIPAL CODE AND ADDING NEW SECTIONS 13.02.070, 13.02.080, 13.04.410, 13.04.415, 13.04.420, 13.04.430, 13.04.440 AND 13.04.450 CONCERNING THE PREVENTION OF WASTE OF POTABLE AND IRRIGATION WATER with the changes discussed that reached a consensus. Trustee Wallace seconded the motion and the motion carried unanimously. Action Items 1990 Grand Avenue PUD — Request for delayed recording of final plat Greg Wine, applicant, is asking to delay recordation of the final plat. The market has changed considerably and the applicant would like a delay of one year. Staff is comfortable with this and doesn't feel that the applicant should be forced to record at this time. The applicant will be allowed to continue renting the single-family home on the property. Greg Wine stated that they are asking for a recordation date of February 28, 2004. The maintenance of the property will be taken care of by the applicant. Attorney Randall stated that an amendment to the SIA would be brought back to the board for its approval on February 24, 2003. Resolution Number 5, Series 2003 Mayor Evans read Resolution Number 5, Series 2003, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE ANNEXATON OF FIRST STREET AND HARNESS LANE Director Steinbach stated that this is an annexation of the right-of-way that gives primary access to Spruce Meadows and pending access to the Bookcliff Farm project. Mayor Evans opened the public hearing at 8:36 p.m. There were no public comments. Mayor Evans closed the public hearing at 8:36 p.m. Trustee Tibbetts asked if the sixty -foot (60) right-of-way is enough property to allow for the road improvements, interceptor line and any other improvements planned. Director Steinbach stated that it would. Trustee Wallace made a motion to approve Resolution Number 5, Series 2003, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE ANNEXATON OF FIRST STREET AND HARNESS LANE. Trustee Mahan seconded the motion and the motion carried unanimously. Resolution Number 6, Series 2003 B.O.T. 2/10/03 4 Mayor Evans read Resolution Number 6, Series 2003, A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR RED FOX TRAIL Director Steinbach stated that due to an error in notification by State Statutes, this resolution needed to be brought back for approval. Attorney Randall stated that he has been in contact with Bob McCartin regarding his concerns with this project. Bob McCartin, present tonight, commented that he just wants to clarify that the high bank behind his house was cut out before he purchased the property. He also stated that there is an issue with a shared road on the side of his property that he has an agreement with Alvie Gray to use. The McCartins' are concerned that they may become responsible for engineering to solve the situation with the bank and would like to see this problem addressed before the project goes too far. The McCartins' are also concerned about the potential drainage issues that this bank could cause to their property. Attorney Randall encouraged the McCartins' to get with the property owner to discuss these issues and reach some type of an agreement. Trustee Wallace made a motion to approve Resolution Number 6, Series 2003, A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR RED FOX TRAIL. Trustee Kellogg seconded the motion and the motion carried unanimously. Resolution Number 8, Series 2003 Mayor Evans read Resolution Number 8, Series 2003, A RESOLUTION APPROVING A FOURTH AMENDMENT TO THE 1996 COMPREHENSIVE PLAN FOR THE TOWN OF SILT Mayor Evan complimented staff on this section of the Comp Plan. The amendments made to the Comprehensive Plan were: Name change of the district to — Colorado River Corridor District Request by Heron's Nest to add the availability of residential consideration Flood plain fill Commercial uses could change depending on location Language added regarding design review criteria Trustee Corry made a motion to approve Resolution Number 8, Series 2003, A RESOLUTION APPROVING A FOURTH AMENDMENT TO THE 1996 COMPREHENSIVE PLAN FOR THE TOWN OF SILT. Trustee Tibbetts seconded the motion and the motion carried unanimously. Resolution Number 7, Series 2003 Mayor Evans read Resolution Number 7, Series 2003, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, DECLARING A DROUGHT EMERGENCY AND REQUIRING THE ENFORCEMENT OF ALL CODES PERTAINING TO DROUGHT EMERGENCY This resolution is an extension to Ordinance Number 9, Series 2003 that was discussed earlier this evening. It was suggested by Attorney Randall to continue this resolution until the ordinance is adopted that these provisions effect. B.O.T. 2/10/03 5 Trustee Corry made a motion to continue Resolution Number 7, Series 2003, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT, COLORADO, DECLARING A DROUGHT EMERGENCY AND REQUIRING THE ENFORCEMENT OF ALL CODES PERTAINING TO DROUGHT EMERGENCY until the time Ordinance Number 9, Series 2003 is passed. Trustee Wallace seconded the motion and the motion carried unanimously. Town Administrator Reports Administrator Aluise stated that the water plant improvements are taking place. The engineers are working with Mark Hermunstad on a potential location for a well site. A portion of the wastewater plant will be going out to bid next week. A letter was received from Dave Johnson regarding the wetlands issue in the Heron's Nest project, stating that he is applying to the Army Corp. of Engineers to exempt a portion of what was thought to be wetlands, as non -jurisdictional. Trustee Tibbetts asked about the cleaning of the irrigations tanks. Administrator Aluise stated that the two tanks above the shop have been cleaned out and that they are ready to be sealed. Mr. Tibbetts stated that developers need to be made aware of the costs to bring water to the residents, and that staff ensures that an adequate water element comes with each project. Mayor Evans asked about the Food Stop building. Director Steinbach stated that realtor Cheryl Chandler is interested in subdividing the Food Stop from the motel so that it can be sold separately. The retaining wall would also be addressed at that time. Planning and Zoning Staff would like to schedule a joint workshop between the board and commission to discuss the Ferguson Crossing Master Plan on February 24, 2003 at 6:00 p.m. prior to the regularly scheduled board meeting. Town Attorney No comments at this time. Board Comments Trustee Kellogg asked about the status of the old Black building on Main Street. Director Steinbach stated the building is under contract for two years with Myron Black and cannot be torn down until that time is up. The old gas station will be rented out and parking will be allowed where the white house was torn down. Trustee Corry complimented Officer Jose Valdez regarding a letter received from the Rifle Chief of Police recognizing his professional manner during a recent incident that Officer Valdez assisted with. Mr. Corry added that he would like to see a meeting set up between the board and the Garfield County Commissions to discuss any issues at hand. B.O.T. 2/10/03 6 Trustee Tibbetts thanked Administrator Aluise and Public Works Director Gerry Pace for the hard work they have done in an effort to solving the towns' water problems. He added that he is confident that last years issues and problems have been identified and action plans have been put in place. Mayor Evans offered his thanks to Treasurer Dawn Rosier and all others responsible for putting together this years budget. It looks terrific!! Trustee Wallace stated that is nice to be able to call Ms. Rosier with questions and she has the answers! Executive Session Trustee Tibbetts made a motion to adjourn to Executive Session for discussion of a personnel matter under C.R.S. Section 24.6.402(4)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. Trustee Mahan seconded the motion and the motion carried unanimously. The Board adjourned to Executive Session at 9:34 p.m. At the end of the Executive Session, Mayor Evans made the following statement: The time is now 9:43 p.m., and the executive session has concluded. No formal action was taken in executive session. The participants in the executive session were (as read by the Town Clerk): John Evans, Randy Corry, James Kellogg, Dennis Mahan, Tod Tibbetts, Craig Wallace, Rick Aluise, Mitch Randall and Sheila McIntyre. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. Seeing none, the Town Clerk will now turn the recording of the Executive Session over to the Town Attorney to keep for 90 days. Adjournment Mayor Evans called for a motion to adjourn. Trustee Wallace made a motion to adjourn. Trustee Mahan seconded the motion and the motion carried unanimously. Mayor Evan adjourned the meeting at 9:44 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk John Evans Mayor B.O.T. 2/10/03 7 TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING January 27, 2003 The Silt Board of Trustees held their regularly scheduled meeting on Monday, January 27, 2003 in the municipal council chambers. Mayor Evans called the meeting to order at 6:59 p.m. Roll call: Present Mayor John Evans Trustee Craig Wallace Trustee James Kellogg Trustee Tod Tibbetts Trustee Randy Corry Trustee Dennis Mahan (arrived 7:22) Absent Trustee Shirley Hodges Also present were Town Administrator Rick Aluise, Town Attorney Mitch Randall, Town Clerk Sheila McIntyre, Community Development Director Janet Steinbach and members of the public and press. Pledge of Allegiance Consent Agenda Minutes of the January 13, 2003 Board of Trustees meeting December 2002 Financials Proclamation for 2002 EMT of the Year Mayor Evans read and presented the proclamation for the 2002 EMT of the Year to Shawn Wade. Trustee Wallace made a motion to approve the consent agenda. Trustee Kellogg seconded the motion and the motion carried unanimously. Agenda changes Trustee Kellogg asked that he be able to make his board comments at this time. Mr. Kellogg would like to address what he believes to be a misunderstanding with some of the positions that he has taken on town issues. He stated that he has a lot of respect for the building community and believes that the success of builders and developers is very important for the viability of this town. Mr. Kellogg added that he supports the efforts of the developers as long as it is in the best interest of the community. There have been recent issues regarding the fee structure that staff and consultants have put a lot of time into researching and analyzing. He added that he is willing to listen to constructive criticism, ideas and suggestions from anyone, and that he will not react positively to accusations of items such as prejudice and discrimination. Mr. Kellogg stated that it is important that the community knows that he wants it to grow and prosper and will support those in the building community or any other industry as long as it is in the best interest of the town. B.O.T. 1/27/03 1 Conflicts of interest There were no conflicts of interest. Public comments Shari Moore, resident of Silt stated that she supports the CCCEG and would like to give her three (3) minutes to her husband Dave Moore. Dave Moore, resident of Silt, stated that he has spoken with many of the trustees about the economy of Silt and the slow down in permits. Mr. Moore feels that the permits have decreased only in Silt due to a statement made by Interim Town Administrator Lynnette Hailey when she said, "if the contractors don't like it they can leave town." Mr. Moore stated the need to change the atmosphere of Silt and welcome with open arms, expansion and development. Mr. Moore added that the town needs to stop the heavy spending and stated that he hopes that there are no bad feelings with Trustee Kellogg. Duke Cox, CCCEG officer and local contractor. Mr. Cox commented on a meeting held on July 22, 2002 that came about due to bad leadership. It is his feelings that Silt is no longer the growing community that it used to be. Due to high building fees and an unfriendly atmosphere, builders have left the town. Mr. Cox stated that hiring Town Administrator Aluise has been a good decision as we now have an administrative leader that we can trust. He added that he commends Mr. Aluise for his professionalism, his forthright matter and his devotion to the truth and looks forward to working with him in the future. Mr. Cox asked that the board look at their own leadership standards as they have entered into an agreement of trust with their constituents. It was asked of the mayor if the building that he occupies in the Silt Trade Center has a certificate of occupancy and if so, why the parking lot was not paved according to requirements. Public Hearings Ordinance Number 3, Series 2003 — First reading Mayor Evans read Ordinance Number 3, Series 2003, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO, CERTAIN PROPERTY KNOWN AS THE HERON'S NEST PROPERTY Attorney Randall started his presentation by asking guidance from the board on certain issues that were raised regarding this application. Those issues being: Wetlands on the northern side of the property. It is not known if the Army Corps of Engineers will determine that these are jurisdictional. If they are, a permit would be required to fill them, since the towns' access road will run through them. It is possible that once irrigation is ceased, these wetlands could dry up, but this will not be known for possibly two years. Also the commercial portion could be limited since it lies within this wetlands area; Continuation of the RV uses; Whether the board is in favor of single-family uses along the river; and A possible lengthened vested rights period for commercial development. B.O.T. 1/27/03 2 Present tonight are Cory Nielson property owner, Stan Clauson planning consultant and Bob Noon the applicants attorney. Mr. Clauson started by giving a brief summary of this project. The application, even though complete, was delayed due to issues with the flood plain. The present plan includes forty (40) town homes, thirteen (13) single -family lots along the river, approximately 8 YZ acres for commercial and twenty-five percent (25%) open space. Under this proposal the RV Park would be eliminated, but the applicant is asking for a reasonable vested rights period so that the park could continue to operate until everything is put into place. Trustee Wallace asked if there was an alternative plan that would include the RV Park along with the proposed residential and commercial. Mr. Clauson stated that it had not been considered. Mr. Nielson stated that it was always his understanding that people did not want the RV Park any longer. Bob Noon stated that the applicant is working with the town on the wetlands issue that would enable to town to acquire alternative access to its new wastewater site. There has also been discussion with staff of shrinking, in order to avoid the wetlands area, the area to be developed while maintaining the ratio of residential and commercial, He added that a critical issue in the Annexation and Development Agreement is that until the economic climate is right for commercial development, the RV uses be allowed to remain in place, since it is the Nielsons' only source of income, in addition to providing much needed housing for those who reside there. Trustee Kellogg stated his concern of the towns' easement crossing the possible jurisdictional wetland, and if we would be allowed to run our utilities across it like previously considered. Attorney Randall said that according to our consultants the nationwide pre-approved permit from the Army Corps of Engineers covers the town. Mr. Clauson stated that there is always the possibility of the town running its utility lines through the applicants' property to get to the treatment sites. Mr. Clauson went on to say that David Johnson with Western Ecological had been approached regarding the wetlands matter and said that it very well could be an irrigation caused wetland. Trustee Tibbetts raised the issue that the largest impact that the wetlands may have is in the commercial element. The wetlands could actually consume the commercial area by one half. This could turn this project into mostly residential with only about four out of twenty-seven acres being commercial. Attorney Randall stated that it had been discussed with the applicant to do a proportional reduction of both the commercial and residential. Trustee Tibbetts stated his concerns saying that the RV Park is an asset to the community but there are obvious issues regarding the infrastructure. The other concern is the residential development on the river. The town will have more control of the impacts on the river with the commercial development by it than the residential. Also the town needs to focus more on commercial development than it does residential. And if the wetlands were considered jurisdictional, they would cut into the commercial portion of the project and go against what the town really needs to obtain. Trustee Corry stated that he does not feel that a mix of commercial and residential is appropriate for this property and would like seeing it as strictly commercial. This area could really be a highlight when entering our town by incorporating open space and parks along with keeping the RV Park and upgrading it. Trustee Mahan stated that he liked the residential concept as part of the project. Trustee Wallace agreed with Trustee Corry and what he feels would be appropriate for this property. B.O.T. 1/27/03 3 Trustee Kellogg stated that he likes the mixed use. He added that he would like to see the applicant take advantage of the west end of the lots by putting in commercial. Mayor Evans discussed his feelings of having this project meld with the Ferguson Crossing area and master planned as one unit. He added that he agrees with Trustee Kellogg of having commercial on the west end and likes the mixed-use concept with possible residential above commercial. Also upgrading the RV Park or relocating it on the property since it is an asset for the town. Mayor Evans opened the public hearing at 8:45 p.m. Shannon Bailey stated that she likes the idea of the mixed use and that the applicant should be able to do what he wants. Dave Moore stated that he is impressed with the layout and that it is balanced. Duke Cox stated that there is a 12th amendment to the constitution and that the property belongs to the landowner and maybe he doesn't want to run an RV Park? Trustee Corry stated that this is an annexation, and that everybody gives a little to achieve what works for both parties and what is best for the community. Mayor Evans closed the public hearing at 8:50 p.m. Trustee Mahan made a motion to approve Ordinance Number 3, Series 2003, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO, CERTAIN PROPERTY KNOWN AS THE HERON'S NEST PROPERTY. Attorney Randall added that there is not an Annexation and Development Agreement that staff is comfortable with approving and would recommend a continuance until this can be submitted for the boards review. Also staff is requesting additional time and direction from the board on issues such as the wetlands and mixed-use. The motion died for lack of a second. Trustee Wallace made a motion to continue Ordinance 3, Series 2003, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO, CERTAIN PROPERTY KNOWN AS THE HERON'S NEST PROPERTY until February 24, 2003 pending the results of discussions between the applicant and staff regarding the wetlands, and using the same ratio of residential and commercial as presented, and that the board be supplied with an Annexation and Development Agreement. Trustee Mahan seconded the motion and the motion carried 5-1 with Trustee Tibbetts voting nay. Trustee Tibbetts added that he does not support seventy (70) percent residential in this development. Ordinance Number 2, Series 2003 — Second reading Mayor Evans read Ordinance Number 2, Series 2003, AN ORDINANCE REPEALING CHAPTER 2.32 AND SECTION 16.04.205 IN THEIR ENTIRETY OF THE SILT MUNICIPAL CODE CONCERNING THE PARKS AND RECREATION COMMITTEE Mayor Evans opened the public hearing at 9:07 p.m. B.O.T. 1/27/03 4 Shannon Bailey reiterated that she feels that this is the appropriate. She asked that the town consider renaming Flying Eagle Park to something more appropriate like Flying Eagle Sports Complex. Mayor Evans closed the public hearing at 9:08 p.m. Trustee Corry made a motion to approve Ordinance Number 2, Series 2003, AN ORDINANCE REPEALING CHAPTER 2.32 AND SECTION 16.04.205 IN THEIR ENTIRETY OF THE SILT MUNICIPAL CODE CONCERNING THE PARKS AND RECREATION COMMITTEE. Trustee Tibbetts seconded the motion and the motion carried unanimously. Ordinance Number 6, Series 2003 — First reading Mayor Evans read Ordinance Number 6, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO INSTATING A TEMPORARY MORATORIUM ON THE ACCEPTANCE OF RESIDENTIAL ANNEXATION PETITIONS; CREATING CERTAIN EXCEPTIONS THEREFROM; AND ESTABLISHING A PROCEDURE FOR DETERMINING SPECIAL EXEMPTIONS THEREFROM Attorney Randall stated that at the last meeting this ordinance came before the board as an emergency ordinance and failed to pass due to not receiving enough votes. It is back as a regular ordinance for re -consideration. Director Steinbach added that there have been no new annexation petitions received in the last six (6) months. Staff feels that this ordinance is not necessary since potential applicants have been handled in office, and staff does not want to risk the slow down of commercial permits because of this ordinance. The board also has the ability to say no if they are not pleased with an application, plus the current market may also help dictate the amount of annexation petitions received so it may not be necessary to send this message out to the public. Trustee Wallace asked what would happen if we were to have another dry summer? Trustee Tibbetts took a few minutes to go over issues that the water committee has been working on. Issues addressed included: i; Repairs underway regarding capacity problems on the current water plant; A new or remodeled water facility on-line in the next two years; Progress made in the deficiencies of the raw water system; A well water study is underway to select the best potential sites; and i; The irrigation study has been finished with recommendations to fix our storage capacity. Current tanks will be lined to help save water that has been leaking out. Trustee Wallace stated that the trustees need to learn to say "no" to the developers if that is how they really feel. Trustee Corry commented that rooftops do not necessarily bring in businesses and feels that maybe the economy and the location of Silt may be part of what keeps businesses from coming to town. Trustee Mahan stated that it could kill the town if we try to stop growth here and that there are ways to get commercial here. Trustee Kellogg agreed with Trustee Corry regarding rooftops and commercial. He also commended staff and the water committee for the work that they are doing and that a moratorium shouldn't be necessary. B.O.T. 1/27/03 5 Town Administrator Aluise stated that another water system similar to the Austin, TX plant is available for about the same price and that the Austin plant is coming down in price as well. Mayor Evans commented that moratorium is not a scary word but a smart word and move but doesn't feel is necessary at this time. Mayor Evans opened the public hearing at 9:42 p.m. Shannon bailey commented that the town would be doing the right thing not to pass this ordinance and that staff can convince people not to submit applications at this time. Dave Moore stated that it's time to create an atmosphere for growth. Mark Richardson asked what immediate benefits there are for the citizens if the town keeps annexing? The board stated that fees are an immediate benefit as well as parkland that the town acquires. Mr. Richardson questioned many things that he has read in the paper, much of which was misquoted by the press. The newspaper has inferred that the town was broke, but in reality, every town is facing problems with the economic times. Mr. Richardson concluded by saying that the town should stay focused on the business at hand and take care of the Town of Silt citizens. Mayor Evans closed the public hearing at 9:56 p.m. Trustee Wallace made a motion to deny Ordinance Number 6, Series 2003, AN ORDINANCE OF THE TOWN OF SILT, COLORADO INSTATING A TEMPORARY MORATORIUM ON THE ACCEPTANCE OF RESIDENTIAL ANNEXATION PETITIONS; CREATING CERTAIN EXCEPTIONS THEREFROM; AND ESTABLISHING A PROCEDURE FOR DETERMINING SPECIAL EXEMPTIONS THEREFROM. Trustee Mahan seconded the motion and the motion carried unanimously. Ordinance Number 7, Series 2003 — First reading Mayor Evans read Ordinance 7, Series 2003, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO, CERTAIN PROPERTY KNOWN AS THE GARFIELD COUNTY RE -2 SCHOOL DISTRICT ENCLAVE Mayor Evans opened the public hearing at 9:57 p.m. No public comments. Mayor Evans closed the public hearing at 9:58 p.m. Trustee Tibbetts made a motion to approve Ordinance 7, Series 2003, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO, CERTAIN PROPERTY KNOWN AS THE GARFIELD COUNTY RE -2 SCHOOL DISTRICT ENCLAVE. Trustee Wallace seconded the motion and the motion carried unanimously. Action items There were no action items. B.O.T. 1/27/03 6 Town Administrator Reports Town Administrator Aluise stated that it was earlier determined to bring back discussion regarding the island. Staff feels that eventually the property will be an enclave and then it cannot be mined without the towns' permission. Administrator Aluise asked the boards direction for an open burning ordinance that staff will be producing. It was asked about the status of Stillwater. Administrator Aluise stated that there is nothing to report as this time. It is unknown if Roger Dixon has signed the documents yet. A resignation letter is in the packets from Judy Weller and Matt Starr, both of whom were part of the Silt Area Economic and Development Council of which is disbanding. The Silt Chamber of Commerce and Silt Revitalization will be taking over for the SAEDC. Planning and Zoning There were no Planning & Zoning comments. Town attorney There were no Town Attorney comments. Board comments Trustee Wallace stated that he has had discussion with citizens regarding confrontations at River Park concerning dogs. It was asked if dogs have to be leashed in this park. Staff will research the rules and regulations of this park. Trustee Tibbetts commented that the board gives a tremendous amount of donated time to help address town issues. He added that he doesn't attribute a lot of the issues of Silt to a lack of dedication by the people in public service, but more likely to the realities of dealing with the economics of a small town. Mayor Evans acknowledged staff for the newsletter adding that it is a tremendous asset to the town. He also acknowledged Sheila McIntyre for achieving the lasted GOCO grant for the Community Center Park playground equipment. Executive Session There was no executive session. B.O.T. 1/27/03 7 Mayor Evans called for a motion to adjourn. Trustee Mahan made a motion to adjourn. Trustee Wallace seconded the motion and the motion carried unanimously. Mayor Evans adjourned the meeting at 10:21 p.m. Respectfully submitted, Approved by the Board of Trustees: Sheila M. McIntyre Town Clerk John Evans Mayor B.O.T. 1/27/03 8 MINUTES OF THE TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING October 7, 2002 The Silt Board of Trustees held their regularly scheduled meeting on Monday, October 7, 2002 in the municipal council chambers. Mayor Evans called the meeting to order at 7:01 p.m. Roll Call: Present: Trustee Tod Tibbetts Trustee James Kellogg Trustee Randy Corry Trustee Shirley Hodges Trustee Dennis Mahan Absent Mayor John Evans Trustee Craig Wallace Also present were Town Administrator Lynnette Hailey, Town Attorney Mitch Randall, Town Clerk Richard Aluise, Community Development Director Janet Steinbach, as well as members of the press and public. Pledge of Allegiance Consent Agenda: a.) Minutes of the September 23, 2002 Board of Trustee Meeting Trustee Kellogg made a motion to accept the Consent Agenda. Trustee Corry seconded the motion, and the motion carried unanimously. Agenda Changes There were no agenda changes. Conflicts of Interest There were no conflicts of interest. High Country Engineering Presentation — First Street Interceptor Line Scott Stevens, from High Country Engineering, was present to discuss the First Street Sanitary Sewer line Interceptor. He pointed out that the line is designed to serve the west area of the Town due to the extra capacity that will be required by the Spruce Meadows subdivision and the new sewer plant. He explained the various phases that would be required to complete the project due to the construction requirements of CDoT and other factors. He noted that by following the outline his firm has prepared, there would be no interruption of service while construction was in progress. Engineering costs for completion of the project would be $ 67,300, not including the cost of construction staking. He then itemized the various permits that the Town would need for the project. B.O.T. 10/07/02 Page 1 Mayor Pro -Tem Tibbetts addressed the issue of pedestrian traffic, suggesting that the pedestrian path should extend to Harness Lane, since the Spruce Meadows Subdivision will increase the need for this type of improvement. Mr. Stevens pointed out that there is no conflict of interest for his company to work on this project, since the interceptor line has no connection to his other client, Stillwater. Town Administrator Lynnette Hailey pointed out that the Town Staff did not believe this would be a conflict of interest. The Board agreed by consensus to direct High Country Engineering to continue with the project, after providing estimates on the cost of the path. Public Comments There were no public comments. Public Hearings Resolution 21-2002 Mayor Pro -Tem Tibbetts read Resolution number 21, series 2002, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE ANNEXATION OF BOOKCLIFF FARM NO. 1, A PORTION OF LOT 4 OF THE WILLS SUBDIVISION EXEMPTION. Sheila Wills, the owner of the property, was present with Davis Farrar, Lee Leavenworth and Yancy Nickle to present the project to the Board. Planning and Development Director Janet Steinbach explained to the Board that the developers have met all public notice requirements. She told the Board that the development would include multi -family units, single family units and some commercial. With the annexation of Spruce Meadows, the Bookcliff property now meets statutory contiguity requirements. Mr. Farrar described the development in detail. The development is 74.8 acres, 106 single-family lots, 8 multi- family, 2 neighborhood commercial and 21.7 acres of usable open space, among other features. He then went into detail on those features. He said that the commercial space could include service businesses, small retail or other similar businesses. Access to the project would be from Harness Lane, and the developers would like to control the amount of commercial traffic on Harness Lane. There would be a divided boulevard entrance, which would be wide enough to allow two-way traffic on both sides of the street in the event of an emergency. Mayor Pro -Tem Tibbetts opened the public hearing at 8:19 p.m. Edie Goldman, an adjacent property owner, addressed several issues that concerned her, especially the traffic issues. She noted that traffic moves very rapidly down First Street. She also noted that she might begin to sell topsoil, and she could excavate up to the property line of the project. Mayor Pro -Tem Tibbetts closed the public hearing at 8:25 p.m. Trustee Hodges asked the developers how they would deal with Mrs. Goldman's concerns. They said that the any adjacent property owner would have the obligation to maintain the lateral support, and Town Attorney Mitch Randall agreed with their conclusion. The Trustees then asked whether or not the developers were comfortable with the Town's current inability to guarantee water and sewer taps. Trustee Corry again expressed his desire to stop any annexations until the water and sewer problems are resolved. B.O.T. 10/07/02 Page 2 Trustee Kellogg made a motion to approve Resolution 21, series 2002, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE ANNEXATION OF BOOKCLIFF FARM NO. 1, A PORTION OF LOT 4 OF THE WILLS SUBDIVISION EXEMPTION, subject to the negotiation of an acceptable Annexation Development Agreement. Trustee Mahan seconded the motion, and the motion passed by a vote of four (4) to one (1), with Trustee Corry opposed. Resolution 22-2002 Mayor Pro -Tem Tibbetts read Resolution number 22, series 2002, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE ANNEXATION OF BOOKCLIFF FARM NO. 2, A PORTION OF LOT 4 OF THE WILLS SUBDIVISION EXEMPTION. Trustee Kellogg made a motion to approve Resolution 22, series 2002, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE ANNEXATION OF BOOKCLIFF FARM NO. 1, A PORTION OF LOT 4 OF THE WILLS SUBDIVISION EXEMPTION, subject to the negotiation of an acceptable Annexation Development Agreement. Trustee Mahan seconded the motion, and the motion passed by a vote of four (4) to one (1), with Trustee Corry opposed. Resolution 24-2002 Mayor Pro -Tem Tibbetts read Resolution number 24, series 2002, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE NIELSON ANNEXATION, AKA HERON'S NEST PLANNED UNIT DEVELOPMENT. Planning and Development Director Janet Steinbach addressed the project, pointing out that it would consist of 82 units, including residential, multi -family and light commercial. She also noted that the existing plan the developers have presented is not consistent with the current comprehensive plan for this area. Trustee Corry asked how this project would fit with the development at Ferguson Crossing. Planning Development Director pointed out that Town Staff believes that there needs to be a master plan for the entire area. The Trustees then debated the best use of this property, either as commercial or residential. The discussion continued for several minutes. Mayor Pro -Tem Tibbetts opened the public hearing at 9:07 p.m. Since there were no public comments, he closed the public hearing at 9:07 p.m. Trustee Kellogg asked about the potential for a hotel on the property. The developers said that the highway frontage would clearly be commercial. They then discussed the time frame for discontinuing the RV park usage. Trustee Kellogg suggested that the RV park usage be discontinued at the preliminary plan stage. The Board debated this with the developer for several minutes. Mayor Pro -Tem Tibbetts suggested that the RV Park is an important amenity for the community, and he asked where an RV park would exist if not where it is currently. He suggested that the developers could upgrade the RV Park to make it an acceptable part of this project. Planning Development Director Janet Steinbach then pointed out that there would be 82 residential units within very close proximity to the new sewer plant. The Board then asked about the two wells on the property. Town Attorney Mitch Randall suggested that the wells could possibly be adequate for Town usage, but the quality of the wells would require investigation. The Developer also noted that he had Grand Valley irrigation water rights. Trustee Corry once again expressed his concerns about the water and sewer difficulties the Town is B.O.T. 10/07/02 Page 3 experiencing, and he asked the developers if they understood that the Town might not be able to provide water or sewer service to their development. The developers said that they understood completely. Trustee Hodges made a motion to approve Resolution 24, series 2002, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE ANNEXATION OF BOOKCLIFF FARM NO. 1, A PORTION OF LOT 4 OF THE WILLS SUBDIVISION EXEMPTION, subject to the negotiation of an acceptable Annexation Development Agreement. Trustee Kellogg seconded the motion, and the motion passed by a vote of four (4) to one (1), with Trustee Corry opposed. Action Items High Country Engineering Master Plan for Non -Potable Water System Town Attorney Mitch Randall spoke about changes he suggested in the agreement for High Country Engineering to complete their non -potable water study. The Board had no questions about the project or the agreement. Trustee Corry made a motion to authorize a contract for $3500 with High Country Engineering to complete the non -potable water study. Trustee Kellogg seconded the motion, and the motion passed unanimously. Publication Notice 2003 Budget Town Administrator Lynnette Hailey explained the statutory requirement for the Board to receive the budget. Trustee Mahan asked about adding extra personnel in the water department. He suggested that we could hire a consulting firm to bring in commercial development instead of spending money on new employees. Town Administrator Lynnette Hailey noted that without managing the utilities, there wouldn't be any development. The Board then debated the value of government involvement in economic development, and exactly what their role should be. Mayor Pro -Tem Tibbetts then expressed concern about continuing to borrow from the water/wastewater fund to try to achieve other goals. He feels that the Town needs to pursue development through working with the private sector. Trustee Corry made a motion to approve the publication notice for the 2003 budget. Trustee Mahan seconded the motion. Trustee Hodges then questioned certain expenditures in the budget, and Town Administrator Lynnette Hailey explained the items under question. The motion passed unanimously. Ratification of Phone Poll Trustee Kellogg made a motion to ratify the phone poll regarding the water credits authorized for the Mesa View subdivision at the last meeting. Trustee Corry seconded the motion, and the motion carried unanimously. Resolution 28-2002 Mayor Pro -Tem Tibbetts read Resolution number 28, series 2002, A RESOLUTION APPROVING A DEFERRED COMPENSATION PLAN FOR THE TOWN OF SILT, COLORADO. Trustee Corry made a motion to approve Resolution number 28, series 2002, A RESOLUTION APPROVING A DEFERRED COMPENSATION PLAN FOR THE TOWN OF SILT, COLORADO. Trustee Hodges seconded the motion, and the motion carried unanimously. B.O.T. 10/07/02 Page 4 Town Administrator Reports 2003 Budget Work Session The Board decided against having another budget work session at this time. Joint Board Planning and Zoning Meeting The Board agreed by consensus to meet with the Planning and Zoning Commission on November 4, 2002, at the Municipal Building at 7:00 p.m. Mayor Pro -Tem Tibbetts asked Town Administrator Lynnette Hailey if she was continuing to discuss the water rights with Bill Lorah. She explained that the Town Attorney was going to work with Mr. Lorah and the Town Engineers in order to resolve these issues. Trustee Corry asked if Dwain Watson of the Department of Health was still trying to require a cover for the new sewer lagoons. Town Administrator Lynnette Hailey said she was working on this, and she would keep the Board apprised. The Town Administrator then asked the Board's input on eliminating compensatory time for employees, and utilizing over time in its place. Several of the Board members agreed that over time would actually cost less for the Town in the long run, and they instructed her to pursue this idea in the employee manual revisions. Town Attorney The Town Attorney discussed three items. His first concern regarded a new court case that involved public meetings for the Board. He pointed out the importance of properly noticing a meeting any time four or more Board members are together at one time. He also discussed the same issue regarding Board members trading emails, and the importance of being careful about keeping email communications from violating any Colorado State Statutes. Town Administrator Lynnette Hailey suggested that Board members should direct all email communications to the Town Administrator. Town Attorney Randall also addressed the requirement of discussing any employee matters in executive session, specifically the requirement of noticing any employee or employees about the impending executive session in order that they might have the opportunity to request that the Board discuss the matter in an open meeting. He felt that this it is very important to obtain input from any individual employee or employees before the executive session. Board Comments There were no comments from the Board members. Executive Session Mayor Pro -Tem Tibbetts made a motion to adjourn to Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiation; and instruction to negotiators under C.R.S. Section 24.6.402(4)(a). Trustee Kellogg seconded the motion, and the motion passed unanimously. The Board adjourned to executive session at 10:27 p.m. At the end of the Executive Session, Mayor Pro -Tem Tibbetts made the following statement: "The time is now B.O.T. 10/07/02 Page 5 10:44 p.m., and the Executive Session has concluded. No formal action was taken in Executive Session. The participants in the Executive Session were (as read by the Town Clerk): Mayor Pro -Tem Tibbetts, Trustee Hodges, Trustee Kellogg, Trustee Mahan, Trustee Corry, Town Attorney Mitch Randall, Town Administrator Lynnette Hailey, and Town Clerk Rick Aluise. For the record, if any person who participated in the Executive Session believes that nay substantial discussion of any matters not included in the motion to go into the Executive Session occurred during the Executive Session, or that nay improper action occurred during the Executive Session in violation of the Open Meetings Law, 1 would ask that you state your concerns for the record. Seeing none, the Town Clerk will now turn the recording of the Executive Session over to the Town Attorney to keep for 90 days." Adjournment Mayor Pro -Tem Tibbetts called for a motion to adjourn. Trustee Hodges made a motion to adjourn, and Trustee Corry seconded the motion. The motion passed unanimously. Mayor Pro -Tem Tibbetts adjourned the meeting at 10:46 p.m. Respectfully submitted, Approved by the Board of Trustees: Richard J. Aluise Tod Tibbetts Town Clerk Mayor Pro -Tem B.O.T. 10/07/02 Page 6 MINUTES OF THE TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING August 12, 2002 A regular meeting of the Silt Board of Trustees was held on Monday, August 12, 2002 in the municipal council chambers. Mayor Evans called the meeting to order at 7:02 p.m. Roll Call: Present: Mayor John Evans Trustee James Kellogg Trustee Tod Tibbetts Trustee Randy Corry Trustee Shirley Hodges Trustee Dennis Mahan Trustee Craig Wallace Trustee Wallace arrived immediately after the roll call. Also present were Interim Town Administrator Lynnette Hailey, Town Attorney Mitch Randall, Town Clerk Richard Aluise, Community Development Director Janet Steinbach, Public Works Director Darrell Rule, and Police Chief Paul Taylor, Town Engineer Dave Kotz as well as members of the press and public. Pledge of Allegiance Consent Agenda: a.) b.) c.) d.) e.) Minutes of the July 22, 2002 Board of Trustee Meeting Treasurer/ Human Resources report of August 12, 2002 Silt Ambulance Service Minutes of June 24, 2002 Silt Police Department Monthly Report Minutes of the August 6, 2002 Special Board of Trustee Meeting Trustee Kellogg motioned to accept and approve the Consent Agenda. Trustee Tibbetts seconded the motion, and the motion carried unanimously. Public Comments: Dale McCall, who resides 245 South Golden Drive in Eagle's View was present to inquire about the water systems, both potable and irrigation. He felt he paid for irrigation water that he didn't receive, and requested adjustments in the water bill, since he had to use potable water for irrigation. Town Treasurer Dawn Rosier pointed out that there might be a bond violation if a rebate or adjustment were approved. Interim Town Administrator Lynnette Hailey suggested that the Board allow staff one week to review the matter with counsel. The Board agreed. Ulla Hoevelmann was present to point out that she asked for a work order to fix a leak, and it took ten days to get some help. Her water was then shut off for nearly one month, and her bill was still over $ 200. She thanked the Board for listening. Town Treasurer Dawn Rosier asked the Board to set an early Budget Work Session for Thursday, September 5, 2002, at 6:30 p.m. The Board agreed to do so. B.O.T. 8/12/02 Page 1 Building Valuation Comparison Planning / Development Director Janet Steinbach was present to explain the history of the Town's building valuation. She also presented comparisons to other towns in the area. The Town currently charges $ 80.39 per square foot, which is consistent with the valuation of other communities in the area. She noted that other communities assess the tap fees separately, while the Town of Silt collects the tap fees at the same time as the other fees. Town Attorney Mitch Randall explained that the Board of Appeals is the only board that can address valuation. He noted that any appeal must be made within 30 days, according to the Code. Mayor Evans pointed out that the Town's method of valuation is consistent with the "good quality' construction definition. It is not out of line, as many contactors suggested at the meeting of July 22, 2002. Trustee Corry said that the Town's comprehensive plan places balanced growth as its goal, while maintaining its small town atmosphere. He believes that the Town's rates are consistent with the Town's goals. Dave Moore, a local contractor, said that fairness is more important than codes. He requested a special meeting to discuss the matter. Trustee Tibbetts encouraged everyone who is interested in this matter to attend the meetings during the budget process. Duke Cox, a local contractor, told the Board that there is now a state-wide effort to address this issue. It will include a conference with local municipalities, congressional representatives, the Colorado Municipal League, the Colorado Department of Local Affairs and others. He agreed with the concerns expressed by Dave Moore. Ordinances Ordinance 20-2002 Mayor Evans read Ordinance 20, series of 2002, for the second time AN ORDINANCE OF THE TOWN OF SILT, COLORADO, AMENDING ORDINANCE 25, SERIES 1996, ESTABLISHING A REVISED PUD ZONING PLAN FOR THE STILLWATER PUD. Discussion centered on whether or not to require the Stillwater developers to find a replacement for fifty-four (54) acres of property for commercial development. Town Attorney Mitch Randall told the Board that they are simply determining whether or not to approve a zoning amendment, and that the Town could not require the developer to purchase other property. Trustees Tibbetts and Corry noted that the original development presentation did not necessarily include the fifty-four (54) acre parcel. Trustee Kellogg said that there are plenty of areas that will be available for commercial development. He felt it would be better to work with Stillwater on a location for a water plant. Discussion centered on these issues for several minutes. Town Attorney Mitch Randall noted some minor changes in the wording of some sections of the plan. Planning Director Janet Steinbach explained some other minor changes. Setbacks will now be measured from the back of the sidewalk or the back of the curb. Town Attorney Mitch Randall said that Section 10 should be revised to be consistent with the ADA. Mayor Evans opened the Public Hearing on Ordinance 20, series of 2002, at 8:33 p.m. Pepe Langegger was present to request annexation of the Davis Lumber property. He said that it could serve as commercial property. The Board reminded him that it is his responsibility to present an annexation petition, and they would gladly review his petition when he presents one. Harold Smith, a property owner near the Stillwater development, pointed out that the original plan with Stillwater did not include a lot of commercial development. He understood that the commercial development was to occur downtown. Roy McPherson was present to request that the Board ensure reasonable access to the drilling sites for oil and B.O.T. 8/12/02 Page 2 gas, since he is the one of the largest owners of mineral rights in the area. The Board felt that this would be addressed in the process, and that it has already been addressed in the permits granted by the Colorado Oil and Gas Commission. Mayor Evans closed the Public Hearing at 8:59 p.m. After some additional discussion, Mayor Evans called for a recess at 9:06 p.m. The meeting resumed at 9:24 p.m. The Board continued discussion of the same matters, and the Town Attorney made some recommendations regarding the motion to approve the ordinance. Trustee Corry asked for clarification of the fulfillment date of the requirements of this agreement. Town Attorney Mitch Randall said that it would be five (5) years after approval of the final plat. Discussion then turned toward a request from the Colorado Department Of Transportation for a traffic study that would lead to an interchange on Interstate 70. Town Attorney Mitch Randall suggested that CDOT is not necessarily in a position to require an interchange. He suggested that the Town thank CDOT for their input, but explain to them that Stillwater does not directly abut any state highway, and that the Town will take other steps to address the interchange problems. He also suggested that the Board adopt a traffic impact fee at some point in the future, with a portion of that earmarked for traffic infrastructure. Trustee Tibbetts made a motion to approve the second reading of Ordinance number 20, series 2002, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, AMENDING ORDINANCE 25, SERIES 2001, ESTABLISHING A REVISED PUD ZONING PLAN FOR THE SPRUCE MEADOWS PUD, subject to the applicant working with staff to revise the language in section ten (10) of the PUD to reflect a vesting period consistent with the ADA and also to include a list of improvements that is satisfactory to the Town Staff. Trustee Mahan seconded the motion. The motion passed unanimously. After a suggestion from the Town Attorney, Trustee Tibbetts made a motion to amend his first motion to include that the Stillwater Development will be subject to any reasonable traffic fees of general applicability prior to the issuance of building permits. Trustee Mahan seconded the amended motion, and the motion passed unanimously. Ordinance 21-2002 Mayor Evans read for the first time Ordinance 21-2002, AN ORDINANCE APPOINTING RICHARD J. ALUISE AS THE TOWN CLERK OF SILT, COLORADO. Trustee Wallace made a motion to approve Ordinance 21-2002. Trustee Hodges seconded the motion, and the motion passed unanimously. Ordinance 22-2002 The Board considered the first reading of Ordinance 22, Series of 2002, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, AMENDING ORDINANCE 27, SERIES 2001, ESTABLISHING A REVISED PUD ZONING PLAN FOR THE SPRUCE MEADOWS PUD. Dave Hicks, the project developer, was present to address a reduction in roof pitch. Planning / Development Director Janet Steinbach explained that staff's opinion is to recommend a PUD amendment that would adjust roof pitch on a couple of models of triple -section homes from 3.5 on 12 to 2.75 on 12, that manufactured housing be allowed for the multi -family units, and that one triplex unit be reduced to a duplex. The total number of units would be ninety-eight (98) rather than ninety-nine (99). The 4 on 12 pitch would still apply on double -section homes. She also pointed out that some legal descriptions in the original plan would have to be changed. Town B.O.T. 8/12/02 Page 3 Attorney Mitch Randall pointed out that this is truly a hardship case with regard to the roof pitch problem, since the manufacturer (Silvercrest) misled both the Town and the developer with regard to the roof pitch they could construct and legally transport. Trustee Wallace was concerned about setting a precedent by approving such a large-scale change in roof pitch. Discussion then centered on the land -lease portion of the subdivision, with some members of the Board expressing concern about the prospective owners not having sufficient pride -of -ownership. The developer pointed out that every lot will be available for sale after five (5) years, and that he will maintain the property to protect his investment during that time. Mayor Evans felt that the duplex models were not what the Town had in mind when they first looked at this project. Mr. Hicks suggested that he could prepare a set of facades that would satisfy the Board's desire to improve the appearance of the duplex models. Trustee Tibbetts made a motion to approve Ordinance number 22, series of 2002, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, AMENDING ORDINANCE 27, SERIES 2001, ESTABLISHING A REVISED PUD ZONING PLAN FOR THE SPRUCE MEADOWS PUD, first reading. Trustee Kellogg seconded the motion, and the motion passed unanimously. Ordinance 23-2002 Mayor Evans read for the first time Ordinance 23, series of 2002, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, ADDING TO SECTION 1204 (I) OF THE MODEL TRAFFIC CODE AS ADOPTED BY REFERENCE SI HEREBY AMENDED TO ADD SECTIONS 1204 (I), 1204(m), 1204(n), 1204(o), 1204(p), 1204(q), 1204(r), 1204(s), 1204(t), 1204(u), 1204(v), 1204(w), AND ADDING SECTION 1204(9) PERTAINING TO THE PARKING OF MOTOR VEHICLES, CAMPERS, TRUCK TRACTORS, TRAILERS, CAMP TRAILERS, BOAT TRAILERS AND MORTORHOMES WITHIN THE TOWN LIMITS OF SILT. Police Chief Paul Taylor explained the need for the ordinance. The Board asked several questions about what would be forbidden and what would be allowed by the new ordinance. Trustee Hodges was concerned about placing a hardship on those whose vehicles are important to their livelihood. Police Chief Taylor explained that this ordinance would not regulate parking on private property, such as driveways, but only public parking areas, such as street parking. Trustee Mahan made a motion to approve Ordinance number 23, series 2002, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, ADDING TO SECTION 1204 (I) OF THE MODEL TRAFFIC CODE AS ADOPTED BY REFERENCE SI HEREBY AMENDED TO ADD SECTIONS 1204 (I), 1204(m), 1204(n), 1204(o), 1204(p), 1204(q), 1204(r), 1204(s), 1204(t), 1204(u), 1204(v), 1204(w), AND ADDING SECTION 1204(9) PERTAINING TO THE PARKING OF MOTOR VEHICLES, CAMPERS, TRUCK TRACTORS, TRAILERS, CAMP TRAILERS, BOAT TRAILERS AND MORTORHOMES WITHIN THE TOWN LIMITS OF SILT. Trustee Tibbetts seconded the motion, and the motion passed unanimously. Ordinance 24-2002 Mayor Evans read for the first time Ordinance number 24, series of 2002, AN ORDINANCE APPOINTING LYNNETTE HAILEY AS THE INTERIM TOWN ADMINISTRATOR OF SILT, COLORADO. Trustee Wallace made a motion to approve Ordinance number 24, series 2002. Trustee Kellogg seconded the motion, and the motion passed unanimously. B.O.T. 8/12/02 Page 4 Resolutions Resolutions 21-2002 and 22-2002 Trustee Wallace made a motion to continue Resolution number 21, series of 2002, and Resolution number 22, series of 2002, until September 9, 2002. Trustee Kellogg seconded the motion, and the motion passed unanimously. Resolution 23-2002 Mayor Evans read Resolution number 23, series of 2002, A RESOLUTION APPROVING A PRELIMINARY PLAN FOR THE 1sT PHASE ("MEADOWWOOD VILLAGE") WITHIN THE STILLWATER PLANNED UNIT DEVELOPMENT. Ed Sutton and Dennis Carruth were present to briefly discuss the project. Since Planning/Development Director Janet Steinbach felt that it could take VA - 2 hours to discuss the resolution, the Board felt it best to continue discussion until August 26, 2002. Trustee Corry made a motion to continue Resolution number 23, series of 2002, A RESOLUTION APPROVING A PRELIMINARY PLAN FOR THE 1ST PHASE ("MEADOWWOOD VILLAGE") WITHIN THE STILLWATER PLANNED UNIT DEVELOPMENT until the next regularly scheduled meeting on August 26, 2002. Trustee Wallace seconded the motion. Trustee Mahan asked if the Board could meet each Monday night for a short time until some of the pressing agenda items are completed. Discussion continued on the length of meetings and how best to resolve it. Town Administrator Lynnette Hailey suggested continuing the current meeting until the next Monday evening, and dealing with those agenda items that weren't complete. Trustee Corry amended his motion to continue the public hearing on Resolution number 23, series of 2002, until Monday, August 19, 2002, at 7:00 p.m. Trustee Wallace seconded the motion, and the motion passed unanimously. Resolution 24-2002 Mayor Evans read Resolution number 24, series of 2002, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE NIELSON ANNEXATION, AKA HERON'S NEST PLANNED UNIT DEVELOPMENT. Planning / Development Director Janet Steinbach informed the Board that there were several items not complete yet on this Resolution. Trustee Tibbetts made a motion to continue Resolution number 24, series of 2002, A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS RELATING TO THE NIELSON ANNEXATION, AKA HERON'S NEST PLANNED UNIT DEVELOPMENT until the outstanding items are complete. Trustee Mahan seconded the motion, and the motion passed unanimously. Unfinished Business Excess Water Usage The Board considered the high potable water usage in certain areas of Town, especially those areas that have experienced irrigation water shortages. Several members of the Board were alarmed at the usage figures, considering that the entire state is in a severe drought. Mayor Evans suggested that some form of a statement be issued regarding the problem, and Interim Town Administrator said that she could prepare a press release. She also said she would review the bond issue in order to determine what the Board can and cannot do with regard to providing rebates for water. Town staff will review the high water usage and make recommendations for B.O.T. 8/12/02 Page 5 the meeting that is continued to August 19, 2002. Water Treatment Plant Update Trustee Tibbetts reviewed the progress of the water plant strategy sessions that he and Mayor Evans have conducted over the past several weeks. He provided the Board with a list of items that have already been done, items that are currently being done, and priority items that need to be completed as soon as possible. Town Engineer Dave Kotz then addressed the scope of the Water System Master Plan. After the presentation, Trustee Corry spoke about the importance of solving the water challenges now, especially with the rapid growth the Town is experiencing. Trustee Tibbetts made a motion to approve $ 161,000 for a dedicated backwash pump, a new chlorine feed system, a screen for the intake pipe, a well field study, and completion of the Water Master Plan. Trustee Hodges seconded the motion. The Town Administrator asked Trustee Tibbetts to amend the motion to allow staff review to make sure that these improvements meet the requirements of the Water Enterprise Fund, and that the funds are actually available. Trustee Corry so moved, and Trustee Hodges seconded the amended motion. Trustee Kellogg expressed concern over a well field study that would locate water in areas that might require expensive infrastructure in order to utilize it. The Town Engineer pointed out that it would only require a chlorination station, and discussion continued about potable and irrigation water. The motion passed unanimously. Town Attorney Mitch Randall said that he and Planning/Development Director Janet Steinbach had reviewed the irrigation water issue, and that they determined that money would be better spent purchasing other water rights than trying to force a return of water to the Pretti Gulch. He also suggested selling Ware and Hines shares and purchasing Cactus Valley shares. Fluoridation Mayor Evans spoke about a letter from the State of Colorado that encouraged the Town to take advantage of $4,137 available from the state for fluoridation equipment. The Clerk informed the Board that he had spoken with the water treatment plant operators, and that they said they have far greater concerns than fluoridation. He then contacted the state official in charge of this grant, and the official informed him that the Town needed to write a letter explaining that they couldn't use the funds right now. The state might then roll the funds over for later use. The Board instructed the Clerk to do so. New Business Advocate Safehouse Project Request The Advocate Safehouse Project requested a donation from the Board of $ 300. The Board reached a consensus to send them the amount that was been approved in the budget. Commercial Properties, Inc., Sewer Lagoon Proposal Commercial Properties, Inc., proposed to purchase the existing sewer lagoon property by providing up to $175,000 to the Town toward the purchase of the Garfield County Shops. The Board reached a consensus to sell the property at fair market value after reclamation. The Planning/Development Director Janet Steinbach was instructed to write a letter thanking them for their offer, but that the Town would decline. Mayor Pro Tem Trustee Corry made a motion to appoint Trustee Tibbetts as the Mayor Pro Tem, and Trustee Mahan seconded the motion. After discussion, Trustee Wallace expressed interest in the position, and Trustee Corry withdrew his B.O.T. 8/12/02 Page 6 motion. Trustee Corry made a motion to elect either Tod Tibbetts or Craig Wallace as Mayor Pro Tem by secret ballot. The motion passed unanimously, and Trustee Tibbetts was elected by a vote of five (5) to two (2). Board Comments Trustee Wallace asked about a letter of intent to file suit from Marc Richardson, and what had been done so far about it. Town Attorney Mitch Randall informed him that it had been forwarded to CIRSA. Trustee Tibbetts thanked the Silt Ambulance Department for the invitation to the pig roast. Town Administrator Comments The Town Administrator had no comments. There was no further business to consider, and Mayor Evans called for a motion to continue. Trustee Kellogg moved to continue the meeting until August 19, 2002, at 6:30 p.m. Trustee Mahan seconded the motion, and the motion passed unanimously. Mayor Evans continued the meeting at 12:26 a.m. Continuation August 19, 2002 Mayor Evans continued the meeting on August 19, 2002, at 6.36 p.m. Roll Call Present: Mayor John Evans Trustee James Kellogg Trustee Randy Corry Trustee Shirley Hodges Trustee Dennis Mahan Trustee Craig Wallace Absent: Trustee Tod Tibbetts Trustee Wallace arrived at 6:42 p.m., and Trustee Hodges arrived at 6:49 p.m. Also present were Interim Town Administrator Lynnette Hailey, Town Attorney Mitch Randall, Town Clerk Richard Aluise, Community Development Director Janet Steinbach, Town Engineer Dave Kotz as well as members of the public. Pledge of Allegiance Public Comments Delelig Andrews was present to address the lack of irrigation water. She said she did not have irrigation water all summer, and she didn't want to be charged $23.00 per month for water she didn't have available. In addition, she expressed displeasure concerning the new dog ordinance, which doesn't permit her to play with her dog in the park. The Town Attorney pointed out that there are exceptions to the ordinance in certain areas. Mayor Evans said that the ordinance was passed because of some potential health concerns, among other reasons. B.O.T. 8/12/02 Page 7 Public Hearings Resolution 23-2002 Mayor Evans read Resolution number 23, series of 2002, A RESOLUTION APPROVING A PRELIMINARY PLAN FOR THE 1ST PHASE ("MEADOWWOOD VILLAGE') WITHIN THE STILLWATER PLANNED UNIT DEVELOPMENT. Planning/Development Director Janet Steinbach explained to the Board that the developers have complied with all requirements, and that those items that were in question have been addressed with new wording in sections 7 and 16 of the Resolution. Greg Meeter and Leslie Hope were present to represent the developers and to address any concerns the Board had about the development. A variety of topics were addressed, including parks, fencing that will allow wildlife to cross easily, curb, gutter and the width of roads and shoulders. Discussion continued at length concerning which areas would have curb and gutter, and which areas would not. Mr. Meeter pointed out that the Planning and Zoning Commission decided not to require curb and gutter throughout the development, and he read the motion from the Commission's minutes. Some members of the Board then focused on the integrity of the existing county road leading into the development. The developers pointed out that the geotechnical engineers would perform a thorough examination and make appropriate recommendations. Trustee Kellogg suggested that the Town not require curb and gutter, but that the Board should insist on rebuilding the road in order to ensure a better road. Trustee Mahan suggested that the Town wait until the core samples reveal whether or not it is necessary. Trustee Corry agreed with Trustee Kellogg. Leslie Hope then spoke on behalf of Ed Sutton, who could not be present. She said that Mr. Sutton wanted to point out that the Stillwater developers have made numerous concessions, including dedication of fire station property, municipal building property and a 7.5 million dollar public golf course. Trustee Corry said that none of those things have actually been done, since the developers haven't built anything yet. Town Engineer Dave Kotz pointed out that he believed road improvements were always part of the plan, and he also addressed the fact that the intersection on the frontage road would have to be improved. Town Attorney Mitch Randall told the Board that he did not believe that the Town could require the developers to install a turn lane at the frontage road, since it would violate the vested rights, but that the Town could require rebuilding, if necessary, the road leading to the subdivision. Mayor Evans opened the public hearing at 8:39 p.m. Roy McPherson, an adjacent property owner, addressed access for farming. He showed the Board on the plans provided by the developers that an access point to one of his farming areas is now a building site. The developers said they would look at the issue and make revisions, if necessary. Mr. McPherson again addressed access to drilling sites for mineral rights, and he demonstrated that one of the drilling sites would only be accessible by a trail that is eight feet wide. He said if this were allowed, he would not have proper access to the drilling site. He also addressed access by a service road that leads to a lift station, and he wanted to be certain that the lift station was going to remain in order to assure that the access road would be there. The developers said they would also review the drilling site access. There were no other comments from the public, and Mayor Evans called for a motion to continue the public hearing. Trustee Corry made a motion to continue the public hearing for Resolution number 23, series of 2002, A RESOLUTION APPROVING A PRELIMINARY PLAN FOR THE 1s PHASE ("MEADOWWOOD VILLAGE") WITHIN THE STILLWATER PLANNED UNIT DEVELOPMENT until Monday, August 26, 2002, to discuss County Roads 346, 331 and 311. Trustee Wallace seconded the motion, and the motion passed unanimously. B.O.T. 8/12/02 Page 8 Town Administrator Reports Town Administrator and Staff Reports The Board thanked Town Administrator Lynnette Hailey for the reports. They found them very helpful. The Town Administrator thanked them, and she explained that with the reports now coming from each of the departments, the Department Heads would only be at the Board meetings when they have something that affects their department directly and requires their attendance. She asked Board members to contact her if they have anyone they would like to have at the meeting. She would then try to address any questions prior to the meeting, and she would ask the Department Head to attend if absolutely necessary. Water Billing Memorandum The Town Administrator explained the recommendations she was making with regard to the water bills. Her recommendations included: a credit for the August/September billings to any residents who did not have irrigation water available (the Town would require a written request); any reductions in billings allowed by the previous administration would stand; the Board pass an emergency ordinance allowing the Town Administrator to review written requests for reduction of the irrigation portion of their bill for certain reasons (lack of water, disruption of service, failure of equipment, or other emergencies specifically outlined in the ordinance); and that the Town send a letter to all users explaining the water situation and drought. The Board reached a consensus to proceed with her suggestions. Policy Memorandum The Town Administrator outlined changes in the agenda format. She noted that she would prepare an ordinance to change the portion of the municipal code that requires a specific agenda format. She told the Board that the agenda format should be something established by internal policy memoranda rather than code. She felt that this would streamline the agenda and help make the meetings flow better. The Board reached a consensus to follow her recommendation. Town Attorney Comments The Town Attorney requested an executive session for his comments. Board Comments Bulk Water Trustee Corry asked about the possible abuse of bulk water. He was concerned about the water being used for watering gardens, among other things. The Board directed the Town Staff review bulk water sales and report back to them. Executive Session Trustee Kellogg made a motion to adjourn to executive session for a conference with the Town Attorney, for the purpose of receiving legal advice on a specific legal question under C.R.S. Section 24.6.402(4)(b). Trustee Hodges seconded the motion, and the motion passed unanimously. The Board adjourned to executive session at 9:06 p.m. The Board concluded the executive session at 9:32 p.m. B.O.T. 8/12/02 Page 9 At the end of the executive session, Mayor Evans made the following statement, "The time is now 9:32 p.m., and the executive session has concluded. No formal action was taken in executive session. The participants in the executive session were (names read by the Town Clerk) Mayor Evans, Trustee Kellogg, Trustee Wallace, Trustee Mahan, Trustee Corry, Trustee Hodges, Town Attorney Mitch Randall, Town Clerk Richard Aluise and Town Administrator Lynnette Hailey. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. I hereby attest that this recording reflects the actual contents of the discussion at the executive session and has been made in lieu of any written minutes to satisfy the recording requirements of the Open Meetings Law. The time is now 9:32 p.m., and we can now conclude the executive session and return to the open meeting. The Town Clerk can now hand the tape to the Town Attorney to retain for a 90 day period." Adjournment Trustee Kellogg made a motion to adjourn the meeting, and Trustee Wallace seconded the motion. The motion passed unanimously, and the meeting ended at 9:33 p.m. Respectfully submitted, Approved by the Board of Trustees: Richard J. Aluise Town Clerk John Evans Mayor B.O.T. 8/12/02 Page 10 MINUTES OF THE TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING June 24, 2002 A regular meeting of the Silt Board of Trustees was held on Monday, June 24, 2002 in the municipal council chambers. Mayor Evans called the meeting to order at 7:04 p.m. Roll Call: Present: Mayor John Evans Mayor Pro Tem Susan Ohlson Trustee James Kellogg Trustee Tod Tibbetts Trustee Craig Wallace Trustee Randy Corry Absent: Trustee Shirley Hodges 1 Vacancy Also present were Town Administrator Craig Ohlson, Town Attorney Mitch Randall, Deputy Town Clerk Kyra Hogan, Community Development Director Janet Steinbach, Public Works Director Darrell Rule, and Police Chief Paul Taylor, as well as members of the press and public. Pledge of Allegiance Consent Agenda: a.) Minutes of the June 10, 2002 Board of Trustee Meeting b.) May 2002, Police Reports c.) May 2002, Financials Trustee Wallace motioned to accept and approve the Consent Agenda. Trustee Tibbetts seconded the motion and the motion carried unanimously. Public Comments: Rifle Field of Dreams Inc. — no one was present to discuss the letter sent in. Mayor Evans went over the letter that was submitted asking if any community or group had any land available for a baseball field. Mayor Evans recommended that the Park and Recreation Committee be notified of this letter. Trustee Wallace recommended getting in touch with this group to be present at the next board meeting. B.O.T. 6/24/02 Page 1 Public Comments: CR Commercial Properties - discussion of proposed purchase of sewage lagoons. Jack Pretti was present to represent CR Commercial Properties. Mr. Pretti discussed with the board that his firm is interested in purchasing the land where the current sewage lagoons are. He asked the board about appraising the land either mutually or single appraisal submitted by his firm. Mayor Evans and Town Administrator Ohlson discussed the time frame of the new wastewater treatment plant would be ready and thought by 2003 it would be in operation. Mr. Pretti stated that he did not have a time frame in mind but would like to discuss the purchase price and maybe possibly leasing the land. Mayor Evans asked Mr. Pretti about trading land and he responded that it was an option. It was discussed that the land is approximately 5 acres. The board was in agreement that CR Commercial Properties should purchase this property. Mr. Pretti stated that he would start on a proposal to bring back before the board. Board Comments: Mayor Evans requested a consensus on whether to have only one board comment per meeting instead of two and if there was consensus, should the board comments be made at the beginning of the meeting or at the end. Trustee Tibbetts recommended that there should be a time limit on each board comment such as five minutes. Consensus for one board comment limit of three minutes at the end of each meeting: all members were in favor. Public Comments: Heather Bell, the aerobic instructor for the recreation department, appeared to make a public comment regarding the recreation department. She had some concerns regarding the new recreation director. She felt that the Park and Recreation Committee should have had some input on hiring the Recreation Director. Town Administrator Ohlson responded that the town has a selection committee when interviewing and the selection committee was unanimous on hiring the currently hired Recreation Director, Bill Hauser. Mayor Evans suggested that she talk with Town Administrator Oh[son. Board Comments: B.O.T. 6/24/02 Page 2 Mayor Evans announced that the board would be voting on a new trustee for the board. He stated that five applicants were interviewed and all applicants were good candidates. Trustee Tibbetts commented to the applicants that were present that there are other committees that have openings and that they consider looking into these openings. Trustee Wallace stated that he was not present in the prior interviews and that the board should discuss in open session who to vote for as a trustee. Trustee Kellogg commented that it was a good idea to have a discussion among the board before voting. Mayor Pro Tem Ohlson announced that she would be stepping down from the board. This meeting would be the last meeting she will attend. Mayor Evans obtained a consensus to go forward with the selection of a board member tonight. The votes were made by the board members and given to Deputy Town Clerk Hogan to tally the votes. Randy Corry was selected with 4 votes out of 5. He came before the board and was sworn in by Deputy Town Clerk Hogan and joined the board for the remainder of the meeting. Ordinances: First Reading of Ordinance No. 14, Series 2002, AN ORDINANCE APPOINTING KYRA HOGAN AS THE INTERIM TOWN CLERK OF THE TOWN OF SILT, COLORADO Trustee Wallace motioned to approve Ordinance No. 14, Series of 2002. Trustee Kellogg seconded the motion and the motion carried unanimously. Ordinances: Emergency Ordinance No. 16, Series 2002, AN EMERGENCY ORDINANCE OF THE TOWN OF SILT, COLORADO, BANNING OPEN FIRES Town Attorney Randall explained the reasoning for this ordinance by stating that Governor Owens declared an open fire ban across the state and that various local jurisdictions have followed suit, including Garfield County. It was discussed with staff that the town also incorporates an ordinance addressing this fire ban and by doing this B.O.T. 6/24/02 Page 3 would eliminate some confusion with the Garfield County Resolution. He went on to add that the Ordinance will be revisited after 30 days. Trustee Tibbetts motioned to approve Ordinance No. 16, Series 2002 and will revisit this ordinance at the July 22"d, 2002 board meeting. Trustee Wallace seconded the motion and the motion carried unanimously. Second Reading of Ordinance No. 11, Series of 2002, AN ORDINANCE REPEALING SECTION 16.04.200(F) AND ADDING SECTION 16.04.205 OF THE SILT MUNICIPAL CODE CONCERNING THE PROCESSING OF PRELIMINARY PLATS WITH THE PARKS AND RECREATION COMMITTEE Town Attorney Randall discussed that this ordinance clarifies that the Park and Recreation Committee recommends directly to the board for approval or denial of any proposal set by the Park & Recreation Committee. Community Development Director Steinbach commented that this ordinance requires that developers go before the Park & Recreation Committee as well as the Planning and Zoning Commission. Both of these committees will then make recommendations and these recommendations will be brought before the board. The Park and Recreation Committee will also give their recommendations to the Planning and Zoning Commission as well. Mayor Evans opened the meeting for public comment. Hearing no one, Mayor Evans closed the public hearing. Trustee Wallace motioned to approve Ordinance No. 11, Series 2002. Trustee Kellogg seconded the motion and the motion carried unanimously. Ordinances: Second Reading of Ordinance No. 7, Series of 2001, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO CERTAIN PROPERTY KNOWN AS THE MAG, LLC PARCEL A/K/A/ 1990 GRAND and accompanying Annexation & Development Agreement Applicants Jeff Yoast and Tom Hafted were present. Town Attorney Randall requested that only the Annexation and Development Agreement be discussed and continue the public hearing and the second reading of this annexation ordinance until the July 8 board meeting. Community Development Director Steinbach discussed the items concerning the ADA from her staff report. The following items were discussed: B.O.T. 6/24/02 Page 4 4 4 4 4 Impact fees required by code will be paid in their entirety; Construction impact fee has risen to $3710.00 per acre half due at I annexation platting and the other half due prior to each building permit per unit; Park dedication will also be paid with dedication of 1.1 acres in the southwest corner of the property and will also have an evolved park on that site Park and Recreation impact fee of $530.00 per unit will be paid upon building permit issuance; School dedication fee of $14,000.00 will be paid in its entirety to the school district outright, providing proof to the town that this fee is paid prior to the final plat recording; $750 per unit fee in lieu of water rights dedication; Grand Avenue right of way will have a fully dedicated 60 foot right of way along the applicants property; All internal roads except for Orchard will be publicly dedicated; There will not be any trail components except trail easements; Will have a fully irrigated park, fully landscaped park and fully developed park; Town Attorney Randall requested that the applicant make changes in their Master Declaration of Covenants, Conditions and Restrictions in their PUD section 11.2 subject to section 12.14 — that they meet town approval for declaration. Mr. Yoast responded he would make the changes and submit a new draft at the next board meeting. Mayor Evans requested the applicant use pit boxes for irrigation spigots. Community Development Director Steinbach requested the board conditionally approve the preliminary plan regarding this issue. Trustee Wallace motioned to continue Ordinance No. 7, Series 2002 until the board meeting of July 8, 2002. Mayor Pro -Tem Ohlson seconded the motion and the motion carried unanimously. Ordinances: First Reading of Ordinance No. 15, Series 2002, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, ZONING AS A PLANNED UNIT DEVELOPMENT CERTAIN NEWLY ANNEXED LAND COMMONLY KNOWN AS 1990 GRAND Community Development Director Steinbach went over the staff report. Items discussed were: Permitted uses: Condo dwelling on certain number of lots, town home buildings on other lots, private open space, home occupations, public open space parks, B.O.T. 6/24/02 Page 5 playgrounds, construction trailers, apartments; The Planning & Zoning Commission recommended approving 15 units to use as rentals; All buildings over two units will come back for a site plan review and be reviewed by the Planning & Zoning Commission and the board, with the exception of the first duplex, which will go through the site plan review as well; Minimum lot size of the PUD is 2,000 square feet; Minimum lot width is 25 feet; Front yard setbacks ten to twenty feet and the rear yard setbacks are fifteen to twenty feet, side yard setbacks are ten to twenty feet except where the units come together where there is a zero lot line; Rear yard open space is about 15% and per revised development plan; Front yard setback mediation of five feet; Planning & Zoning Commission felt the units along the ditch path were too high of the building height asked to applicants to modify their description of the building height. The PUD ordinance was modified to say that the maximum height for the units along the ditch will be 32 feet to ridge line; Architectural elements will be brought before the board within each site plan review; Staff recommend that the applicant bring more than one lot site plan to be reviewed; Park and Recreation Committee recommended certain features be put into plan such as the pond to be eliminated and perpendicular parking on the southwest end. Staff felt that parallel parking was better suited than perpendicular parking and the pond be used as a landscape feature, as well as a drainage feature; Retaining walls that run along the ditch would be reviewed with the site plan; The landscaping plan has been revised extensively per the district forester's recommendations such trees, spacing and actual shrubs used. All the site distance triangles will be free of anything over 30 inches and all the trees will be interspersed; Mayor Evans questioned the language regarding parking spaces on Orchard loop. Mr. Hartert will clarify the sentence and look into the covenants regarding parking on Orchard loop because the sentence was confusing. Mr. Hartert wanted to discuss the ordinance regarding household animals — stating no dogs in condo units. The applicant will re-word to limit dogs to town homes and allow cats in condominiums. Trustee Wallace commented that maybe the covenant should say no pets, no dogs and no cats. Town Attorney Randall asked the applicant to clarify only invisible fences — on page 6 of the PUD Ordinance paragraph 3 its states "metal chain link fences will not be allowed" and asked the applicant to change it to say only invisible fences be allowed. Mayor Evans asked that the applicant to clarify that the homeowners association will B.O.T. 6/24/02 Page 6 maintain the property and that the tenants will not be responsible for maintaining the property. Mr. Hartert reiterated that the homeowners association would be entirely responsible for maintaining the property. Mayor Evans requested also that the applicant include language stating that disposal of garbage would be disposed of as reasonably necessary. Mr. Hartert responded that some sort of language would be conveyed regarding disposal. It was also of some concern that the dumpster holder have the same siding as the homes. Mr. Hartert responded that he would take it under advisement. Trustee Wallace motioned to approve Ordinance No. 15, Series 2002. Trustee Tibbetts seconded the motion and the motion carried unanimously. Mayor Evans called for a break at 9:37 p.m. The meeting resumed at 9:47 p.m. Ordinances: First Reading of Ordinance No. 17, Series 2002, AN ORDINANCE OF THE TOWN OF SILT, COLORADO ("TOWN") RESTATING AND CLARIFYING ORDINANCE 3 SERIES OF 2000 Kelly Lyons was present. Community Development Director Steinbach explained this ordinance is needed to be able to zone some lots in the Lyon's PUD that inadvertently got re -numbered or are new lots and were not included in the original PUD guidelines. This ordinance will give zoning to lots to the following lots of section 2 in Ordinance No. 3, Series 2000: 78A, 78B, 148, 152-158, 109-113, 142-147 and 139-151. The zoning for the lots that run along 6&24 shall be B-1 zoning and all of those lots not facing 6&24 shall be zoned as B-2 zoning. Mayor Evans asked why Ordinance 3, Series of 2000 could not be amended and Town Attorney Randall responded that due to the circumstances by creating another Ordinance it will be stating the PUD zoning more clearly for these lots. Trustee Corry asked if this Ordinance was creating additional lots and Town Attorney Randall responded that this ordinance is not adding any additional lots than Ordinance 3, Series of 2000. Kelly Lyons asked the board if this could be an emergency ordinance due to a pending sale of a lot. Town Attorney Randall responded that the problem with doing it as an emergency ordinance is that it needs to be scheduled as a public hearing and also was not sure at the time if there would be enough of the board present because % of the board needs to be present to approve an emergency ordinance. B.O.T. 6/24/02 Page 7 Trustee Tibbetts motioned to approve the first reading of Ordinance No. 17, Series 2002. Trustee Wallace seconded the motion and the motion carried unanimously. Resolutions: Resolution No. 8, Series of 2002, A RESOLUTION APPROVING A PRELIMINARY PLAN FOR THE MAG, LLC PARCEL A/K/A 1990 GRAND SUBDIVISION PLANNED UNIT DEVELOPMENT Trustee Tibbetts motioned to continue Resolution No. 8, Series 2002 until the meeting of July 22, 2002. Trustee Kellogg seconded the motion and the motion carried unanimously. Resolutions: Resolution No. 18, Series of 2002, A RESOLUTION IN APPRECIATION OF PATTY LAMBERT Trustee Tibbetts commented on Patty's professionalism in handling the packets, paperwork and keeping the board members efficient and hoped her replacement will be able to have the same standards. Trustee Tibbetts motioned to approve Resolution No. 18, Series of 2002. Trustee Wallace seconded the motion and the motion carried unanimously. Resolutions: Resolution No. 15, Series of 2002, A RESOLUTION APPROVING A FINAL PLAT AND SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT FOR THE SPRUCE MEADOWS SUBDIVISION PLANNED UNIT DEVELOPMENT Community Development Director requested a continuance until the July 8, 2002 board meeting. Trustee Wallace motioned to continue Resolution No. 15, Series 2002 until the July 8, 2002 board meeting. Trustee Tibbetts seconded the motion and the motion carried unanimously. Resolutions: Resolution No. 19, Series 2002, A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR THE HERONS NEST PUD AND B.O.T. 6/24/02 Page 8 SCHEDULING A PUBLIC HEARING THEREON Applicant Cory Nielson and Bob Noone were present: Community Development Director Steinbach stated that a public hearing will be set for August 12in and at that time the staff report will be reviewed. Community Development Director Steinbach went on to say that the applicants do meet substantial compliance regarding annexation. Mayor Pro -Tem Ohlson motioned to approve Resolution No. 19, Series 2002. Trustee Tibbetts seconded the motion and the motion carried unanimously. Community development Director Steinbach stated that the applicant has requested that the board approve annexation zoning prior to the preliminary plan submittal. Mayor Evans requested what sort of liabilities the town would face by annexing as an RV park without sewer and water. Community Development Director Steinbach responded that the annexation and development agreement would look into those issues and fully negotiate those issues as well. Community Development Director recommended that the board not to make a decision at this time regarding annexation prior to the preliminary plan submittal. A consensus was made to withhold a decision at this time and all were unanimously in agreement except Trustee Corry abstained on the motion due to the lack of knowledge about the project. Mayor Evans called for an Executive Session for personnel matters at 10:25 p.m. A consensus was motioned and all were unanimously in agreement. Meeting resumed at 11:45 p.m. Town Administrator Comments: 16th Street up -date — the road will be fixed by the end of the week Silt Hey Day up -date — CIRSA is requiring a Special Event Permit in the amount of $740.23. It was questioned if the amount of the permit be split three ways between the town, Silt Hey Day Committee and the Silt Historical Society. Trustee Tibbetts stated that it should be split 3 ways with the town putting $234.75 towards the permit. Trustee motioned to approve paying 1/3 of the cost of the permit. Trustee Corry seconded the motion and the motion carried unanimously. Up -date on county shop — was appraised at $200,000.00. The town will request that B.O.T. 6/24/02 Page 9 the county complete a Phase I environmental study on the property, prior to any offer. Town Administrator Ohlson asked the board if the town would consider giving 1 months worth of water and sewer to be auctioned off at the annual Pig Roast auction. All board members felt that was a great idea. There being no further business to come before the trustees, Mayor Evans called for a motion to adjourn. Trustee Wallace moved to adjourn. Trustee Tibbetts seconded the motion. Mayor Evans adjourned the meeting at 12:00 a.m. Respectfully submitted, Approved by the Board of Trustees: Kyra Hogan Deputy Town Clerk John Evans Mayor B.O.T. 6/24/02 Page 10 MINUTES OF THE TOWN OF SILT REGULAR BOARD OF TRUSTEES MEETING NOVEMBER 26, 2001 A regular meeting of the Silt Board of Trustees was held on Monday, November 26, 2001 in the municipal council chambers. Mayor John Evans called the meeting to order at 7:03 p.m. Roll Call: Present: Mayor John Evans Mayor Pro Tem Susan Beliveau Trustee James Kellogg Trustee Adam Montover Absent: Trustee Tod Tibbetts Trustee Craig Wallace 1 Vacancy Also present were Town Administrator Craig Ohlson, Town Clerk Patty Lambert, Town Attorney Steve Beattie, Town Engineer Scott Stevens, Town Planner Janet Steinbach, and Police Chief Paul Taylor, as well as members of the press and public. Pledge of Allegiance Consent Agenda: a.) b.) c.) Minutes of the October 10, 2001 Planning & Zoning Commission Meeting Minutes of the October 23, 2001 Parks & Rec. Advisory Committee Mtg. September & October, 2001 Financials Trustee Beliveau motioned to approve the Consent Agenda. Trustee Kellogg seconded the motion and the motion carried unanimously. Board Comments: Motion to Appoint Dennis Mahan as a Board of Trustee Member Trustee Beliveau motioned to appoint Dennis Mahan as a Board of Trustee member. Trustee Kellogg seconded the motion. The motion carried unanimously. Town Clerk Lambert stated she would swear Dennis Mahan into office at the next Board's meeting and after he has received a Board packet to be better informed. B.O.T. 11/26/01 Page 1 Ordinances: Second Reading of Ordinance No. 15, Series of 2001, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO CERTAIN PROPERTY KNOWN AS THE MAZUCHI PROPERTY AND ALSO KNOWN AS FIRST MESA ADDITION NO. 3 and accompanying Annexation & Development Agreement Amendment Town Planner Steinbach stated this is an annexation of approximately 58 acres and was proposed in September of 2000. Staff has been negotiating terms of the Annexation and Development Agreement (ADA). Highlights of Town Planner Steinbach's review: * Delete proposed zoning of R-3 / Ag -Rural is designated as the old homestead and specific acreage is still to be determined because of the project's phasing * Parkland dedication is still being negotiated * Water rights proposed to be dedicated at final plat of each phase * Septic for old homestead is proposed to be allowed for no longer than 8 years following annexation and would be tested annually * Access as proposed is for all traffic to come down First Mesa Drive to Eagle's Nest Drive, to 7th, to Main. This annexation is proposed as a continuation of Eagle's View Subdivision, which had accesses platted anticipating growth. Concerns of how many units may be allowed before a 16'h Street access is necessary. Mr. Jim Mazuchi, property owner and applicant was present. Mr. Mazuchi noted the zoning is being discussed to change to a straight R-2 and phasing the project. Mr. Mazuchi mentioned two traffic studies, one that Mr. Mazuchi had done and the interpretation of the Town Engineer, that have been completed and Mr. Mazuchi asked how many units does the Town want to allow through Eagle's View Subdivision. The Bureau of Reclamation owns an easement off 16th where an irrigation line runs, creating a tough deal to construct a town street besides the steep grade on a turn. Mr. Tom Stuver, attorney representing Mr. Mazuchi arrived. Mr. Stuver clarified the proposal varies from residential R-1, R-2, R-3 and maintains the existing farmstead until the phasing is complete. It could be R-2, with the exception of the Ag -Rural. Mr. Stuver stated conceptually, the idea of rather than painting a picture in very fine detail of exactly what this project would look like at build -out and coming back to the Board many times asking to revise that depending on market conditions, etc., the approach was to set some standards in the ADA as to maximum density, potential zoning for the area and phasing to make certain each phase could be build -out by the development economically and also to not overwhelm the demands of the Town's infrastructure. Mayor Evans felt, regarding density, Mr. Mazuchi's property should co -mingle with Eagle's View such that they look like one and that they were developed at the same time; same standard, density, type of housing and not create something too different. B.O.T. 11/26/01 Page2 Mr. Stuver noted, that depending on the market and the phasing of Mr. Mazuchi's project, this could be five to ten years down the road and felt it's not appropriate to agree now, for what you build ten years from now, that it will look like Eagle's view and should be a function of the Town's control with it's zoning and planning function at the time the phase comes in. Town Planner Steinbach agreed with the phasing and noted it works well with the Town's infrastructure. Staff is not in favor of R-3 zoning however an overall R-2 zoning, if platted correctly and not exceeding a certain number of units, would work well. R-2 is currently being negotiated and based on the traffic study, may drop down to all R-1 zoning. Eagle's View Subdivision has R-1 zoning in the northern portion and R-2 in the southern portion. Low density averages 1 to 4 units per acre. Discussion focused on the planning and economics of phasing and infrastructure. Several Board members asked for more information, street configurations, density - duplexes or single family, parkland, etc. Mr. Stuver stated the total maximum, for this acreage, would be 150 units, that is 2'/z per acre. Eagle's View Subdivision has 80 units, with a lot of unusable area. Mr. Mazuchi informed there was 22 areas of flat ground in Eagle's View Subdivision and felt sure he was not looking at greater density than Eagle's View Subdivision. Mr. Mazuchi stated they could probably look into the street plan and looping the lines. Mr. Mazuchi desired a project similar to Eagle's View Subdivision, only phase his parcel. Secondary access was discussed and the major contention was the 16th Street access. The 16th Street access could be problematic geologically. Mr. Mazuchi noted a 50' access to the north, to the County Road. Mr. Mazuchi stated Mesa View messed up his access as his primary road was on the other side of the draw and Mr. Mazuchi could have got the distance to keep his grade down. Mr. Mazuchi referred to the traffic study he had done and the interpretation of the Town Engineer and thought there had to be a happy median; a number that would come down 7th Street. Mr. Mazuchi asked how many units could he build without the 16th Street access. Town Planner Steinbach mentioned the Town could require the developer to make improvements to 7th Street to try to mitigate traffic concerns, such as turning lanes into Eagle's View and straightening curves. Town Attorney Beattie generally agreed with Mr. Stuver that there ought to be objective standards as to a particular issue such as traffic, whatever those standards are. It's the way the Town used to do things for many years; it's always feasible to annex and then consider what the development is as time goes along but it's been this Board's policy to want to have a concept plan before approving an annexation. Obviously, there our municipalities that hungrily annex and they want to annex, they want all the land they can and make the developer come in later on and meet whatever standards maybe established at that time. The Town, in fairness to developers, has been saying let's see what your plans are generally so we can tell you if it's something we think, that once we go through the effort of annexing, you'll be able to get approved. B.O.T. 11/26/01 Page 3 Town Engineer Stevens stated the applicant had a formal thorough traffic study submitted indicating what the impact would be at the intersection of First Mesa Drive and 7th Street and also at Highway 6 and 7th Street. Bottom line is we are looking at a large increase in traffic. Eagle's Nest and First Mesa Drive would become collector streets. Town Engineer Stevens noted that if this had all come in as one subdivision, we probably wouldn't be having this discussion. As it stands, a subdivision has been created and this subdivision is proposing to tie into it. The code reflects that residential streets should be designed to discourage through traffic and where a proposed subdivision borders or includes a street designated arterial or sub -arterial intersection of proposed streets the sub -arterial shall be held to a minimum. Basically First Mesa Drive is becoming a sub -arterial street as it is being used to serve the First Mesa Addition. Regarding the volume of traffic, First Mesa Drive can handle the number of units the applicant is proposing from an infrastructure standpoint. Total peak hour volume and capacity numbers such as 1,000 vehicles in one hour trigger traffic signals and safety concerns. With this addition and the complete build out of Eagle's View, we would be looking at almost 800 vehicles in one hour at the intersection of Main Street and 7th Street. Town Engineer Stevens has not seen anything formal from the applicant regarding a 16th Street access to verify its impossibility. Town Engineer Stevens felt it could be done at a cost and to adequately serve the subdivision the cost would be worth it. At what is being proposed, maximum 150 units, 7th Street could physically handle the volume. A four way stop at Main Street and 7th Street may need to be reviewed. Mr. Mazuchi stated he would work the water rights out; if the Town wanted Cactus Valley he would purchase Cactus Valley rights. Concerns of Board: * Would like to see a Concept Plan * Density * Access Mr. Mazuchi wanted to know what the maximum number of units the Town would like to see with the 16th Street access and without the 16th Street access, so that he could produce a concept plan. The Board requested a layout, not just a number of units and to move more towards R-1 like Eagle's View with 7,000 to 15,000 square foot lots. Mayor Evans opened the meeting to public comment. Mr. Dale McCall, resident of 245 S. Golden Drive, voiced concerns of safety, environmental impact of 150 additional units, requested a sketch plan showing parkland and open space, and with the increase in traffic he requested a second primary access. Ms. Debra Stoller, resident of 312 Columbine and owner of a lot in Eagle's View suggested the Town get a master plan, noted this proposed subdivision was not disclosed as potential development, and favored the 16th Street access. Mr. Dennis Burk, resident of 402 North Golden Drive, mentioned the new high school traffic that would be diverted through town. B.O.T. 11/26/01 Page4 Ms. Connie McGonagle, resident of 330 South Golden Drive, questioned if this parcel were annexed making Sunrise Subdivision contiguous, would Sunrise be annexed? Sunrise would not be contiguous as there is Antlers Orchard in between. Mr. Greg Goodenow, resident of 248 First Mesa, requested to look at "desirable" traffic count, not just "maximum" traffic count and a real secondary access, not just for emergency vehicles up Mr. Mazuchi's driveway. Ms. Mary Haggart, resident of 224 First Mesa, stated she didn't know she would be on a main street and noted it takes her a long time to just get out of her driveway due to the current traffic and requested another access. Ms. Haggart was in favor of annexing; just find another access. Ms. Haggart added there is only one 7,000 square foot lot in Eagle's View. Mr. Stuver questioned legal access for 16th Street and wondered if the Town would be willing to exercise its power of domain to take sufficient road width for a public street and an adequate turning radius for 16th Street to be workable. Town Attorney Beattie thought the Town first has to establish what exactly are the legal limitations. If there are legal limitations and his applicant is totally unable to provide that access, the Town of Silt does have the power of imminent domain or the taking of someone's property for public purpose by paying fair compensation. Mr. Stuver felt the Town should have the information, in the files, as to whether or not, before it reaches Mazuchi's boundary, there is sufficient right of way to build the road that the Town Engineer would feel comfortable in advising the Town it could be built safely at the developer's expense. The Town had the authority to require the 16th right of way to be dedicated to the public for future street purposes at the time it approved the Mesa View Plat and the town didn't do that. Ms. McGonagle thought that is why we need to have a concept plan to look at the whole picture. Mr. Stuver thought that this land has a right to use the two city streets that dead end into it currently. Mr. Burk asked about access off 13th Street, two or three blocks east of the school. Mr. Mazuchi stated it is straight up and down and would be a terrible cut and fill. Mr. Mazuchi suggested getting the prints from the Bureau of Reclamation to check further on the 16th Street access. Mr. Scott Christianson, resident of 807 16th Street, stated he is the one at the bottom of the hill of the Mazuchi land and stated this discussion didn't sound good to him as far as condemning land or tearing down stuff. Mr. Christianson stated he looked into the easement, which is 10' of a certain center point, which is basically Mr. Mazuchi's driveway and there is no leeway, except to go up with a big cut. Ms. Stoller thought Mr. Mazuchi should get his ducks in a row before the Town annexes. B.O.T. 11/26/01 Page 5 Town Engineer Stevens stated the applicant should pursue the 1 et Street access and prove it can't be built, if it can't. Mr. Stuver stated, if the Board would like to continue discussion, the applicant would agree and the first thing that we need to achieve is analyzing 16th Street through staff to see if it's feasible and part two is if it's not feasible, and that may be geographically or economically and if it's not, than through staff analysis what is the maximum number of units that would be in the interest to the town to accommodate on 7th through Eagle's View; work to come up with a number that the developer can work with and go forward with or if he can't then withdraw the application. Town Attorney Beattie stated it has been discussed as sort of a sacred concept of double accesses into subdivisions and believed it is an important concept for purposes of development for this subdivision's full potential. Town Attorney Beattie added it is a different way of planning and may not fit this area at all and exampled a county development that prohibited access from one subdivision into the other because they didn't want to have a steady stream of traffic coming through and supposed you could do planning through limitation sometimes. Town Attorney Beattie stated it is theoretically possible to limit the number of units to such a low number that it doesn't have such a terrible impact and this is worth an engineering look at what the traffic and street plans are for that area. Mayor Evans closed the public hearing. Police Chief Taylor noted the Town has currently eight east/west main arteries with only two north/south main arteries; that is Main Street and 7th Street and suggested the Board give serious consideration to the 16th Street access and the possibility of running traffic to either Davis Point or Ukele Lane. Trustee Montover motioned to continue Ordinance No. 15, Series of 2001 to the Board's meeting of January 28, 2002. Trustee Kellogg seconded the motion and the motion carried unanimously. Mayor Evans announced a break at 9:00 p.m. The meeting resumed at 9:18 p.m. Ordinances: First Reading of Ordinance No. 18, Series of 2001, AN ORDINANCE ADDING CHAPTER 17.42 TO THE SILT MUNICIPAL CODE PERTAINING TO DESIGN REVIEW CRITERIA FOR COMMERCIAL AND MULTI -FAMILY STRUCTURES Items of Discussion / Amendments: Page 9, 17.42.150 B = 80' and H = 40' - incorporate into one D & I - consolidate into one B.O.T. 11/26/01 Page 6 J — add "irrigate", as in, "installed to irrigate all vegetative material" * Page 10, 17.42.180, B — clarification needed * Page 11, 17.42.190, "GSF" = gross square feet * Page 14, first #3 - delete septic tanks * Page 4, 17.42.070 A — add, "and design", as in "Building Materials and design shall be selected" A2 — add, "and quality", as in "Using a variety of complementary and quality building materials" C1 — add, "but not be limited to", as in "established by architectural features that can include but not be limited to columns, ribs," * Page 5, 17,42,070 C4 — add "e. Design patterns such as ledges, sills, headers, pop outs, and other wall variations" * Page 8, 17.42.120 B — change grading to "grade" in the fifth sentence * Page 14, D4, change to, "Place and compact fills to geotechnical engineers recommendation, so as to minimize sliding ... " Trustee Beliveau motioned to approve the first reading of Ordinance No. 18, Series of 2001, as amended. Trustee Montover seconded the motion and the motion carried unanimously. Ordinances: Second Reading of Ordinance No. 25, Series of 2001, AN ORDINANCE AMENDING SECTION 9.16.010 REGARDING DISTURBING THE PEACE AND PROHIBITED NOISES WITHIN THE TOWN OF SILT Police Chief Taylor informed the survey was completed and recommended approval of Ordinance No. 25, Series of 2001. Mayor Evans opened the meeting for public comment. Hearing no one, Mayor Evans closed the public hearing. Trustee Montover motioned to approve Ordinance No. 25, Series of 2001 on second reading. Trustee Beliveau seconded the motion and the motion carried unanimously. Ordinances: First Reading of Ordinance No. 28, Series of 2001, AN ORDINANCE VACATING THE WESTERLY TWENTY FEET OF THE 5TH STREET RIGHT OF WAY EXISTING SOUTH OF MAIN STREET, ORIGINAL TOWN SITE, TOWN OF SILT, COLORADO AND RESERVING TO THE TOWN AN EASEMENT FOR UTILITY PURPOSES B.O.T. 11/26/01 Page 7 Town Planner Steinbach reviewed and recommended approval of Ordinance No. 28, Series of 2001. Trustee Beliveau motioned to approve the first reading of Ordinance No. 28, Series of 2001. Trustee Kellogg seconded the motion and the motion carried unanimously. Ordinances: First Reading of Ordinance No. 29, Series of 2001, AN ORDINANCE VACATING THAT PORTION OF 10TH STREET EXISTING SOUTH OF MAIN STREET, THAT PORTION OF 11TH STREET EXISTING SOUTH OF MAIN STREET, AND THE ALLEY BETWEEN 10TH STREET AND 11TH STREET, AND WITHIN THE AMEDEO'S FIRST ADDITION, TOWN OF SILT, COLORADO, AND RESERVING TO THE TOWN AN EASEMENT FOR UTILITY PURPOSES Town Planner Steinbach reviewed and recommended approval of Ordinance No. 29, Series of 2001. Regardless whether the Town vacates or approves this Ordinance, Mr. Dick Gilstrap has offered approximately six acres of wetland east of this area. Parking would have to be worked out to accommodate visitors to the wetlands. Trustee Kellogg motioned to approve the first reading of Ordinance No. 29, Series of 2001. Trustee Montover seconded the motion and the motion carried unanimously. New Business: Discussion regarding Revision to the Comprehensive Plan concerning Viking RV Town Planner Steinbach informed the applicant has requested a revision to the Comprehensive Plan (Comp Plan) pursuant to their development. The development proposed is multi -family, single family, and commercial, which is currently the Viking RV Park. Planning & Zoning Commission (P & Z) recommended that the Viking RV parcel be added within the Comp Plan to the 1-70 River Corridor District. The applicant expressed displeasure as that zone district prohibits lower level residential use. The applicant asked P & Z to reconsider and P & Z voted the same. Currently the property is in Recreational/Commercial designation and relates to recreation and tourism. By adding them to the 1-70 River Corridor District, that would allow second floor residential development. Mr. Cory Nielson, property owner, Mr. Bob Noon, attorney representing Mr. Nielson, and Mr. Stan Clauson, planning consultant were present. Mr. Clauson stated the application was filed April 12th and at that time and today, the area is under the Comp Plan designation of Recreational/Commercial, extending to where the new wastewater treatment facility is proposed to be built. Immediately to the east of this property is the 1-70 River Corridor district. The proposal is three segments; commercial closest to 1-70, a band of townhouses, and then single family lots along the riverside. The applicants proposed a 100' setback from the river, for single-family lots. B.O.T. 11/26/01 Page 8 Access to the river is provided in the application, which could be a public or fishermen's easement. A mixed-use development of commercial and residential, with perhaps affordable or deed restricted housing, is proposed. Unfortunately, this property, the Town's property, Ferguson property, and Stillwater property, none of this area has been mapped with respect to the floodplain. Mr. Clauson felt the engineers have a fairly good idea of what the elevations are relative to the floodplain but it hasn't gone through the formal FEMA process and actually mapped. Thus, this project has been stalled. Mr. Clauson noted the 100 -year flood encompasses most of this property but doesn't preclude development to a reasonable flood plain elevation. The flood way and the 500 year flood encompass virtually none of the property. Mr. Clauson questioned whether he and his client were the applicants or Town staff was the applicant; the problem being the proposal to re -designate the area to 1-70 River Corridor goes entirely in a different direction from the proposal that the applicants have been trying to work on with the Town. Mr. Clauson outlined the proposed development with the assistance of diagrams and maps. Mr. Clauson asked, rather than have their application precluded or prejudiced by having a change in the Comp Plan at the present time, that the Board simply take no action until such a time that they could move forward with the application and have a full substantive discussion of the merits of this kind of project proposal. Asked about the status of the floodplain study, Town Planner Steinbach stated the Town has not proceeded with a study however Ferguson Crossing and other applicants have proceeded with their own. Town Planner Steinbach informed that the Town expected to get a grant around $200,000 but due to the crisis on September 11, 2001 the Town's grant was suddenly low priority. In lieu of the grant, Town Planner Steinbach felt that if the individual applicants submit the information that the Town Engineer has requested, one by one the Town would gather the information necessary to submit to FEMA. Mr. Clauson suggested the Town undertake the FEMA study and in some way figure out an equitable formula to charge the property owners who have property within this entire area, which was contemplated as far as the grant. Mayor Evans mentioned a concern that the Town's proposed new wastewater treatment facility might smell at times, whether enclosed or not. Mr. Clauson displayed where the treatment facility is planned and felt the particular aero -mod plant that the Town has chosen is one that has been installed in other communities, very close to residential development with no issues. Mr. Nielson stated he has been almost assured it would not smell, as it is a state-of-the-art facility. Mayor Evans felt there still may be an occasion when it may smell. Town Administrator Ohlson stated the Town is still trying to plead the case to not enclose. The applicants understood there would come a time when it may smell. Town Planner Steinbach was not fond of residential unless it was on the second floor due to proximity of the river and density concerns with regard to one access. Mr. Clauson stated the proposed development would replace the RV Park. There are 69 townhouse units and 13 single-family lots proposed. Mr. Clauson would like to see the application judged on its merits, without having any change in advance of the application coming before the Board. B.O.T. 11/26/01 Page 9 Discussion focused on access to the river. Town Planner Steinbach informed the Comp Plan states that formal or unimproved public access should not be allowed through the river corridor in order to avoid adverse impact to the blue heron rookery, bald eagle roosts, and other sensitive riparian wildlife habitat. Mr. Clauson added they need a referral of their application to the Division of Wildlife for their comments regarding impact. Mr. Clauson clarified his request; they are asking the Board not to change the Comp Plan at this time. Town Planner Steinbach stated they originally had a request to amend the Comp Plan and staff recommended not to amend it to their plan but if it stays recreation/commercial that would be okay. Mr. Clauson commented that before the Board is a staff proposal to change the Comp Plan designation for this property. Mr. Clauson asked that the Board not make that change until the applicants have had a chance to bring forward their development application and then consider it if in fact the development application is one that the Board is interested in for the property and to do any Comp Plan changing, that the Town may want to do, at that time. Consensus of the Board was for the applicants to go forward with their project application. Town Administrator Comments: A T & T Rate Increase Town Administrator Ohlson informed that A T & T is proposing a $2.07 monthly fee increase on basic cable service. Town Administrator Comments: Update on Public Works Director Vacancy Town Administrator Ohlson informed that due to the time of year, the Public Works Director position may not be filled until springtime. Mayor Evans advised that if a great candidate applies, don't let that person go by. Town Engineer Scott Stevens Comments: Sunrise Water Tank & Hydrant Flushing & Interceptor Line. Town Engineer Stevens updated the Board on the cleaning of Sunrise water tank (inside better shape than anticipated, outside to be painted), the hydrant flushing and the wastewater interceptor line (anticipates going out to bid about March 2002). Board Comments: B.O.T. 11/26/01 Page 10 Trustee Kellogg inquired as to the necessity of Tara pond. Trustee Kellogg stated Tara pond is currently drained and due to the quality of the water, he has had neighbors ask to have it graded and taken out. Town Administrator Ohlson stated Tara pond supplements the irrigation system and perhaps after the cleaning and refilling, a fountain could be installed for aeration, in the spring. There being no further business to come before the trustees, Mayor Evans called for a motion to adjourn. Trustee Montover moved to adjourn. Trustee Beliveau seconded the motion. Mayor Evans adjourned the meeting at 10:58 p.m. Respectfully submitted, Approved by the Board of Trustees: Patty Lambert, CMC Susan Beliveau Town Clerk Mayor Pro Tem B.O.T. 11/26/01 Page 11 STATE OF COLORADO Roy Romer, Governor Patti Shwayder, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado Grand Junction Regional Office 222 S. 6th Street, Room 232 Grand Junction, Colorado 81501-2768 Fax (970) 248-7198 October 1, 1997 Viking RV Park 32958 Riverfront Road Silt, CO 81647 Colorado Department of Public Health and Environment RE: Annual Inspection of Water Treatment Facilities, PWS -ID No. 223810, and Wastewater Treatment Facilities, for Viking RV Park, Garfield County. Dear Sirs: Enclosed are your copies of the above report forms for the inspection performed on September 16, 1997. During the inspection, the following items were noted and need to be brought to your attention: Drinking Water Treatment Facilities: 1) Chlorine supply tank empty at the time of the inspection. 2) Facility just acquired a certified operator. 3) Facility just added to state inventory. Will begin proper monitoring. 4) Well is in a pit. Wastewater Treatment Facilities: The inspection was prompted by the Garfield County Building Official. The official had received a complaint regarding surfacing effluent on top of the ground in the vicinity of the facility's leach field. The owner contracted out an expansion of the leach field according to plans and specifications from 1977. The expanded leach field does not meet current setback distances to the Colorado River. The owner recognizes the problem and has agreed to seek a tie in with the Town of Silt's wastewater treatment plant. The most recent communication with the owner's attorney indicates that the Town is willing to serve and that such service is mutually beneficial to both parties. Please keep us advised of progress in regards to the connection with Silt. If you have any questions, please contact me at 248-7150. Sincerely, _ r "AN' ain P. Watson Environmental Protection Specialist Water Quality Control Division CC: ,Mark Bean, Garfield County Sanitarian Drinking Water Permits and Enforcement Section, CDH EPA, Region VIII District Engineer File 223810 'orm Printed: 09/26/97 INSPECTION REPORT nspection Date: 09/16/97 By: Dwain Watson 'WSID: 223810 Name: Viking RV Park 'WS Type: N Open/Close Dates: to Puree Code: .ctive: A Change Reason: NC - 2 Page 13 Regularly Scheduled County: Area: 3 Date: Address 1: 32958 Riverfront Road Address 2: City: Silt State: CO Zip Code: 81647 - Contact: Cory Nielson Contact Phone: (970)876-2443/ Operator: Susan Samson Operator Phone: Population Service Service Owner Resident Non -Transient Transient Connections Area Type 0 0 500 65 T1 2 plant Class: D Operator Level: B acti Sampling Plan (Y/N): N 0&M Records Adequate (Y/N): N :Conn Program (Y/N): N Administrator: azard Identification (Y/N): N Test Records (Y/N): N Owners Name: Cory Nielson Owners Phone: (970)876-2443/ Owners P.O.Box: Owners Address: 32958 Riverfrontage Road City: Silt State: CO Zip Code +4: 81647 - INSPECTION COMMENTS 1 Chlorine supply tank empty at the time of the inspection. ;Z Facility -just acquired a certified operator. ,I Facility just added to state inventory. Will begin proper monitoring. 1 Well in a pit. SOI 3S / TREATMENTS 23810 Viking RV Park Source ID: 001 Source Name: Well No. 2 Source Record Type: S Source Number: W002 Source Code: G Availability: P Seller ID: Source Address: Well Depth: Aquifer: Colorado River Alluvial First Draw: Sample Point (Y/N): Y PA Needed (Y/N): Y Latitude: 39 32 33 Longitude: 107 39 49 ENGINEERING Chemicals: None Page 14 Average Production (MGD): Plant Capacity (MGD): Total Residual Chlorine: Pipe Diam(inches) Pipe Length(feet) Pipe Volume Pipe Contact Time Tank Vol (gal) Tank A/T 4000 .1 None Tank Contact Time Total Contact Time Media Condition Chem Storage Adequate (Y/N): N Surface Wash (Y/N):N Turbidimeter Calibration(Y/N):.F. Filter to Waste (Y/N): N TREATMENT ID Objective Process Description 01 D 421 Hypochlorination, Post