Regular town council meeting to order on April 25. Mayor Mark Sukup dear Mayor Pro Tem Britt Hansen Here. Councilmember Lisa lake here. Councilmember Robert ox mocker. Present. Councilmember Luke Wagner.
You're all right. Any amendments to the agenda? Okay. Public comment. Do we have public comment?
I have two people sign up, but I don't know that they want to speak. John Harris.
Sorry about that. The little face. It's like a little face. There you go. Then hear me. We hear you. Just great. Thank you.
Good evening, Mayor Sukup and members of town council. My name is John Harris and I live at Harmony club 4029 Grand Park here in Timnath. I operate multiple businesses that serve northern Colorado on the front range that have been positively influenced by the growth that we've seen over the last decade plus I'm here tonight to state my support for the little Derek development. And I 25 and harmony road, I believe. Madera is an example of since development for Timnath and thus northern Colorado, we've seen population growth and northern Colorado no question, and that growth will likely continue giving her incredible quality of life here. But if the cities and towns that make up northern Colorado are sensible and proactive, we can not only accommodate this growth, but also make northern Colorado that much better when create places that bring people together and have economic benefit that helps secure Timmons future. First off, Madera is consistent with the town's comprehensive plan going back to 2013. Multiple versions of the comp plan has specifically designated the ladera property as employment regional commercial, this designation support centers and intensive economic activity near regional transportation corridors, providing regional commercial services, but there and Top Golf are planned in the right location along i 25, and our Costco and Walmart was good vehicle access and won't infringe on downtown Timnath. Second. The economic benefits to Timnath are referred to in northern Colorado more generally are real Madera as Antabuse anticipated to generate 6 million and impact fees for the town of Timnath 100 million dollars and sales tax for the town over the first 20 years of the project, and will create hundreds of jobs locally. This revenue puts the talent gymnasts in a financial position that will allow them to adapt to growth proactively in areas where growth makes sense, and Madera makes sense. Third, the Dara makes sense because what is there now are gravel pits in a batch plan. The Dara will certainly be an improvement over the conditions that exist currently. Dara will create and put Tucked over 100 acres of open space, including trails parks, nearly three miles of lake shore. Again Madera will bring people together. Blanche batch plant doesn't
do that. Mr. Harris, you get about three seconds more.
I know a lot of friends and neighbors in Timnath agree with me that what they're including top golf is good for Timnath and we're excited for the project to become a reality. Thank you for your time.
Thank you. Thank you very much. Anybody else? Craig Armstrong
Thank you. Good evening. My name is Craig Armstrong I live at 6614 Stone point drive here in Timnath. When one travels after sunset towards Denver on i 25. At exit 230, the lights of Top Golf become readily apparent. Extra 230 is exactly 2.1 miles from the top golf complex. One can use a number of adjectives to describe the intensity of the light from this facility. But no one can argue with using without using the word with using the word doc and done dominant. It is because a top golf and entertainment venue as they call themselves, radiates 2,544,000 lumens of light. This number is provided by Keith Ferris of Ferris engineering, a firm Used by top top golf and given as part of a testimony in a court action levied by a citizens group in Lewisville Kentucky. It is our understanding that the orientation of the top golf facility has not yet been determined, or at least made available to the public. But at 2.1 miles. It is absolutely true that this dominant glare affects a lot of residents in the arc of these lights for the proposed location of the venue, in Teignmouth, I live within this arc, as will the residents in 10 month ranch North 507 new residences, those in the circle and just north of Belsky elementary school 490 Plus residences, and those on both sides of three bells. Most of us moved to this area for a number of reasons. But one frequently mentioned is the pure enjoyment of seeing a sunset on the Rocky Mountains. Clearly 2,544,000 lumens of light pollution will significantly alter that special enjoyment. In the research on top golf there is a reference to the ability to direct and focus LED lights such that the light can be contained within the fence perimeter. In the court case noted previously, counsel for the plaintiff is Stephen T. Porter cross examined Mr. Ferris and the other witnesses provided by Top Golf. In this cross examination, Mr. Porter produced a PowerPoint presentation that included nighttime photographs of top golf facilities.
He's Armstrong you have 20 More seconds
in Huntsville, Alabama, Chester HMAS Missouri, Dallas, Texas and Orlando. According to Mr. Porter, these photographs prove that light from the proposed development would trespass beyond the fence perimeter and onto neighboring residences. Again,
Mr. Armstrong, could you wrap it up,
sir? This council had my last sentence. That's great. Thank you. This council has made the public aware of Top Golf consideration for two other possible areas in northern Colorado Johnstown in love town. So in conclusion, this is an appeal to ask this deciding group to ensure that top golf builds their facility with this degree of light pollution in a location with fewer residences.
Thank you. Thank you. Consent Agenda, any questions or comments? Could I have a motion to approve the consent agenda?
I move to approve that consent agenda.
Do I have a second? Second? All those in favor say aye. Hi. Oppose May. The Consent Agenda passes unanimously. Marin Council reports. I, I've got an A addendum to the mayor report from last time where we introduced the new finance committee appointees. And I wanted to make sure I don't think we mentioned him by name. So it is Caleb Anderson. And Chris Serafin. Both of them are outstanding candidates, they understand finance, they'll be great addition to the Finance Committee. And and I think Lisa and I are both excited to have them. So
any Council reports?
Two items. First is tomorrow is Administrative Professionals day. And I just want to recognize all the great folks that we have working here in the town, that keep things going. I know that I don't see Susan here, but I know she certainly keeps keeps us all in line and things moving forward. So I just wanted to thank everybody that that has a support role in in our government. And then the second thing, just an update on the town attorney search. We had a number of candidates apply there. We conducted some zoom interviews, the mayor myself, and hope and are going to ask a number of the candidates, I believe three of them to come back and meet with both town staff and then also council members. So you should see see that process moving forward. But we did have, I think three real good real good candidates for us to give further consideration to.
And I'll reiterate that wood, wood, it was a breath of fresh air, who we were talking to and very diverse people and hopes going to take care of getting that. So each one of you will have the opportunity to talk to the three that are down to and then we'll have a a exec session to discuss personnel which on Okay. Thanks, Robert. Finance Report Lisa. Nothing additional. Thank you. Engineering Report on Toronto. Anybody have questions? Yep. Looks like we do.
I do. Don, I know that your your paragraph talking about the parkway, and some of the developer obligations there. And and I get the sense that maybe there are some hiccups. Can you talk a little bit about that?
Okay, I don't know that I would characterize it as hiccups as much as it is getting communication kind of engaged again. They've been focused on their activities and not necessarily the schedule that we had agreed to several months earlier, but we're back engaged with them and I have I have a positive feeling that we're going to get it right back where it needs to be there are things that they need to do either adjacent to or crossing the parkway that they have to get done. We've sat down with them they have the schedule, I think it's going to happen.
Okay, thanks. And I know you don't have a crystal ball. But you know, people often ask where we're at on the parkway and and you know, timeframes and things like that. Are you able to speculate on that?
I'll give you my best broken crystal ball fund. We're going to be advertising that that part of the of the parkway, probably early next month. We'll have contractors, hopefully kind of selected by the end of the month into June. And hopefully we can have a schedule of starting the construction later this summer.
Will that construction include developing the entire Parkway or just the part to the railroad?
It Right it's going to have all of it. But we can do it in phases intending to do the northern portion first and let the railroad component meet up with it hopefully before finished.
So give us a timing on that. I think I'm really lamed from it. Robert, and I understand Who knows if what you're going to tell me is we have no idea what the railroad is going to do. I get it you don't need to sit there and project something that isn't but if you have made progress with the railroad. I think this council would like to know.
We have a small amount of additional communication from the railroad, we are encouraged that we can get them engaged to have the the crossing approved. But we're not there yet. We're enlisting the help of the PUC to help prod them along.
All right, you're on the hot block today. So how are we how are we progressing with Walmart? At one point, it looked like you were really encouraged and Luke and Robert are encouraged that we were at the goal line had crossed for sure. But at the goal line, did we get bumped back?
I suspect we we did get bumped back just to touch only because they have now gone dark on us one more time. So the last time, as you know, they was very encouraging. They told us they would schedule the restriping which they theoretically did, but but has not happened. So we are paying them weekly again. And hopefully by the time we have another meeting, I'll have better information for you.
Maybe next time next meeting, if you could give sort of a chart of how this has progressed, you know, and I, I know that's asking for a tome. But if you could maybe give us the cook's version of here's how he started. Here's what we've done here. I know it's extensive, and I don't think anybody or very many people understand the amount of hair pulling that has gone on trying to get Walmart to get us a decent pathway there.
We can do that. We have that. And it is a lengthy diatribe. But But digest condensed version next time.
And Kim. That's something I'd like to make sure we get on our website
Matt Blakely Community Development Report.
Nothing to add unless you have questions. Okay.
Chief Jones, monthly police report. Okay. I'm resolution number 31 series 2023. A resolution approving engagement with UN B financial services for debt advisory and ballot issue services. Lisa, good evening. And Lisa, you know what you might do? Because reports real good. But a lot of people may not understand what we're exploring initially. So maybe give a background of some minutes for it.
Okay, sure. After the work session that council had on March 28, regarding broadband as a service for the town, council directed staff to explore the potential of issuing debt to fund that, and also potentially doing a sales tax initiative for that. So what this is, is this is an engagement agreement with UMB Bank, Melissa buck, she's our financial advisor, she advised us last year on the debt refinance, she'll be able to run various scenarios for us, and for finance committee and council to consider prior to going to the voters, her fee, if we do not issue debt will be 7500, which we could cover out of our operating budget. But if we do issued it, her fee is based on the amount of debt issued, and that has the potential to go above town manager approval. So that's why this engagement is before you know, happy to answer any questions.
So I'm going to just reiterate a couple things that I know the council knows, but just to make sure everybody knows. Yeah, if the council town council thinks that having an additional sales tax to do broadband, that will be a vote that the town will make. In addition, if the town council determines that debt financing is the way to go, that will be also a boat that will go to the town. And really as the only two sources of funds will have because I understand is going to be somewhere between 15 and $25 million to put broadband into Timnath and we'll probably run some agenda or surveys just to get them better feel of where we are before we ever get even close to that. So I just want to make sure everybody knew that this is something that will be a bootable type of permit. Yes,
both of those require.
And and the two bits is the UN beam person is just outstanding. She's the lady that helped us reduce our debt and reduced our debt funding by a million thought was 1,000,005. Lisa, a million eight. Yeah. So she did an incredibly good job on a very difficult situation a year ago, and I'm sure she'll do a great job now. Anybody else have her? Lisa?
I just want to make a quick comment as well, kind of emphasizing some of the points the mayor said. The reason we are looking at this for the better the public is on two separate occasions, we've had 80% of the town vote that they would want the town to look at providing municipal broadband, both general town survey in 2021, as well as an election question, a ballot question and 2022. And so what we're trying to do is explore all the options and see what is the best, most fiscally responsible way to pay for this project. And the subject of a bond came up because it's one, it's something that town can vote on, once we actually have a final cost as well as it allows us to complete the project much faster than we would otherwise be able to do, which saves the town money with escalating construction costs saves the town money because we can get ahead of development, which makes it cheaper to install the system as well as getting revenue for the service to help pay for any bond or debt. So that's really what it says is let's let's we want to take a good look at how to most effectively give this service to people and the town as the mayor said, we'll we'll vote on we'll vote on this. Okay, Luke.
I was for the town staff. I was hoping maybe we could update the ROI payoff calculation with the new bond calculation involved. So we can next time this presented, we could look at both options as well. Yeah, I think when we bring
scenarios back, I think we'll have multiple different scenarios to look at. And we can roll the the cost of financing into the total project costs.
Lease I was just going to ask. I know you've got the audit going on what what kind of work will this be needed by your team to kind of run through this scenario?
It's really hard to measure. I think the initial work is upfront before the debt is issued. Having more is on board. Definitely helps with that. And then once the debt is issued, and it's not too much of an administrative burden, there's some quarterly compliance reporting typically related to debt, but nothing too. too burdensome. Awesome. Thank you.
Thanks, Lisa. Any other questions, comments? Do I have a motion to approve resolution number 31 series 2023. A resolution approving engagement with UMB Financial Services Inc. for the debt advisory and ballot issue services.
I move to approve the resolution approving engagement with UMB Financial Services Inc. for debt advisory and ballot issue services.
Do I have a second? Second? All those in favor say aye. Aye. Opposed? Motion resolution number 31 series 2023. A resolution approving engagement of the UMB Financial Services Inc. for the debt advisory and ballot issue services pass unanimously. Resolution number 32 series 2032. Sorry, 2023 a resolution approving access construction and public vehicle or crossing agreement with Box Elder ditch company and Madera Business Improvement District. Don?
Yes, sir. I'll be very brief and answer any questions that you might have. You folks are familiar with the extension of Weitzel. That came from about where the Southside of Costco is and wrapped around to county road five. With the relocation of the Boxelder ditch. It crosses that road twice. And this is for a crossing agreement with the Boxelder ditch company. And that's basically what it is. And what we've done is we basically have an agreement with a ditch company that says it's under our road. We have the responsibility for maintenance associated with it in that location. And we've gotten the ladera business improvement this for it, to accept all responsibility for that. And so we won't have any responsibility unless ladera doesn't perform. And I think there'll be very, it'll be very seldom that there is a need for this. We have crossings in other places. The ditch crosses a lot of roads, not in Timnath and it's very, very seldom that there's a time when they're in they need to get in there and do anything but just normal maintenance. So, okay. Questions. Okay,
good job done. Do I have a motion to approve? Resolution number 32 series 2023 resolution approving access construction and public flakier closing a crossing agreement with Boxelder ditch company and Madera Business Improvement District.
I move to approve resolution number 32 series 2023. A resolution approving access construction and public vehicular crossing agreement with Box Elder ditch company and Madera Business Improvement District.
Do I have a second? Second? All those in favor say aye. Aye. Opposed? Motion carries unanimously. Resolution number 32. Series 2323. A resolution approving access construction. Public follicular crossing agreement with Boxelder dish company and lindera business improvement district resolution number 33 series 2023. A resolution approving a special mail ballot election of the town of Timnath on June 27 2023. Melissa?
Yes, Council as you know, on February 1, I received a petition by the people and I certified it on February 8, they turn returned it with over 1000 signatures. i i reviewed 26 petitions and that contained 914 signatures and verified that 872 were valid and they only needed 651. It is Council's Council shall set the ballot language. And I'm asking that the election be set for June 27 2023. The financial impacts are 25 to $30,000. Which isn't budgeted for and it will come from the general fund. And Carolyn Carolyn,
thank you. So in setting the ballot title The as Melissa mentioned, it is an obligation of the town council to set the ballot title the ballot title is the language that's actually going to be put on the ballot and voted on. It is a summary of the full charter amendment. The initiative petition contain the actual language of the charter amendment, and it's exhibit a to your resolution. That is the sections in 15.7. The town is required to publish a notice of the charter amendment so they will be publishing the full text of the charter amendments so everyone can see the full text. But what we're asking you to do tonight is to do two things to first set the date for the election and call this special election and second to set the ballot title language. In the packet there was some proposed ballot title language but in looking at it further, we have actually we're proposing now a revision to what was in the council packet to simplify the language even further. So your main title in setting your main purposes and setting the ballot title are to not be confusing and to make it very clear what a yes vote means and what a no vote means and to be an accurate summary of the charter amendment. So what we're proposing is to go straight into prohibiting fences that that be the first language so that it would actually read and I'll actually will hand this out to you guys. But so it will reach shall the town of Timnath homeroom charter be amended to add a new section 15.7 prohibiting permanent fences over 65 feet. So we go straight into that and make it really clear what a yes or no vote means that a yes vote is prohibiting fences and then no vote is allowing fences and then it will go on to say you measure vertically from the base of the fence to the top of the fence including fences composed of netting or screening materials and we feel like that some Gordon piece of information to understand that this would apply to something like a driving range where you have poles and netting. And then which would apply to. And then again, it got, we got some feedback that it was a little confusing with. And so we're simplifying the discussion of the best property rights to say, which shall apply to currently pending applications with the town for the development of real property that have not yet had a final decision, which prohibition may be enforced by the town government or by citizens and businesses of the town to a private right of action for Initiative, or equitable relief. So it is the town Council's prerogative to approve this final language. And so if you want to discuss any other changes, or ask any questions about the change we're proposing here tonight, and I'm going to hand this out.
Thanks so much, Carolyn. Questions for Carolyn. I think I got a copy, do we?
We added one more. Yeah, we took out the word all in the middle of the paragraph. Okay.
Robert, do you have common questions?
I do. But I want to make sure that Carolyn's with us, okay.
And this will be published on the website.
Robert, Carolyn, thank you very much for putting that together. I certainly agree that, you know, we want government to be accessible. And we want people when they're casting a vote to really understand, like you said, what it is that they're voting for? And as a lawyer, I can say that, you know, sometimes the legalese does not clarify it, it clouds the matter. So I, I agree with the red line that folks have proposed here. I suppose my thought is, given that the title itself doesn't actually change, you know, what's what's in the resolution to the full text and impact, you know, doesn't change based on the Title I, I actually wonder if if we couldn't simplify this further, which is just to basically have the language shall the town of Timnath Home Rule charter be amended to add a new section 15.7 prohibiting permanent fences, over 65 feet in height, measured vertically from the base of the fence to the top of the fence, including fences comprised of screening materials, and just stop it there. And I guess I'm wondering if you have any thoughts? You know, is there any negative impact to simplifying that much, I understand that the vested property rights stuff is important. You know, that, that's all still in there, we'll publish it. But for me, I guess that stuff kind of gets into the weeds and confused as the matter when, when really this is about, you know, prohibiting tall fences and netting or not. But I'm just curious, if you have thoughts on that,
I think you have a lot of discretion and how you want to phrase it. Like I said, it has to be true and accurate to summary of the of the full and you know, it's a page and a half of so we're trying to really summarize it down to make it and understandable. So people are really clear what their vote is. And they can take a lot of comfort in the fact that we're going to be publishing the full tax, and also be putting I think, well, thanks. Yeah, I'm putting the full text on the town's website so that any resident can receive see the full text and see everything. ballot initiative cannot take away vested property rights. So that's already kind of implied but it's also expressly put into that ballot language so that it doesn't take away any vested property rights that might be there. And then the private right of enforcement action. You know, that's, that's the enforcement mechanism, but you don't always have that in the ballot title.
Okay, so that would be my recommendation is to adopt the red lines, but then also just put a period after materials and not include the last two clauses.
Okay, thank you, Robert. Anybody else? Brett, um
Yeah, I mean, I generally agree with the redline points. And I think my my concern with with some language there is It's somewhat persuasive in nature. And I would hate to see a situation where a business decide they want to sue the town because they thought we were having a biased election with the way we were. We were presenting it. And I think, for your average resident, I think the section that Robert mentioned, I think that's that'd be appropriate to crop it down to that. I think I think that gets the point across, we're not we're not changing any legal text, any legal binding powers. I for one, I'm eager to hear what the community says. So we can move forward one way or another, and it's all good with me. But I think I completely objective and brief ballot question I think would be effective in getting the point of a quick community.
So another option you could do is to say, you know, just say, stop it there, measure vertically from the base of the fence to the top of the fence, including fences comprised of netting your screen as a comma and setting forth details related there to something so that you're pointing your, you know, residents to look back at the full title to see the additional details would be another option.
Anything else for it? Not to? Look? Did you have something?
Yeah, first, I want to thank Melissa, for her work on getting this all together. So I appreciate it. Thank you. I'm absolutely in agreement with keeping it simple. I just worry. You know, this is a special election. And I want to keep it simple as possible. And I agree with the initial red lines. I'm okay with doing more. That's what Council decides I'm absolutely on board. With that, I think we should try to convey the message of what the purpose is.
I'm okay with that sounds really loud today. I'm okay with shortening it as well. And just in addition to that, I would like to encourage staff to do whatever we can to encourage people to go on and read the full language. I know in the past, we've done mailings, we've done social media, so that people know that there's a place where they can go to to read the exact language. And I feel like if we do a good job doing that, I don't, I think we could shorten it. To make it succinct. And to the point as long as we're really pushing out the whole away for them to read the whole thing, whether it's a mailing that includes that or, or something like that.
Carolyn, I thought you did a great job. And And personally, I wouldn't change what you have here. Because I know you want to try to keep it in the hand view of the initiative language. And so I think you've done a really good job of that. So let's just for a minute, stay with the language there. Robert, you suggested, shorten it up some more a couple sentences and stuff. Is that YouTube Brett? Okay. And Brad suggests is the same. I guess Luke does too.
I'm okay either way.
And I'm fine. Since there's three of you. Let's shorten it up even more subject to counsel. So, Carolyn, are you okay with the changes that Robert suggesting? I am. Okay, great.
So
I don't know is we need any further discussion on approving the ballot language. So I'm going to ask for a resolution number 33 three series 2023. A resolution approving a special male bound election, the town of Timnath on June 27 2002. With adjustments as made in the town council meeting.
In in mayor I would move to adopt resolution 33 series 2023 A resolution approving a special mail ballot election of the town of Timnath on June 27. As proposed with one amendment, which is to adopt the ballot title as follows, town of Timnath ballot question, amending the town of Timnath Home Rule charter to prohibit firm permit fences over 65 feet in height. Shall the town of Timnath Home Rule charter be amended to add a new section 15.7 Prohibited prohibiting permanence fences over 65 feet in height, measured vertically from the base of the fence to the top of the fence, including fences comprised of netting or screening materials period with the rest of what had been there, omitted. Okay.
Do I have a second? Second? All those in favor say aye. Aye. Opposed? Motion carries unanimously, which is resolution number 33. Series 2023. A resolution approving a special mailbag election of the town of Timothe on June 27 2023, as amended. Next, I'd like to close this meeting. Right, Melissa? No, I don't I just go into Executive Session.
We'll need a motion to go into Executive Session.
Okay, so we've got a we need some legal advice on a complaint filed by person in town. And we obviously need to do that in a private matter. So we are going to go into Executive Session. So you'll need to be here. Are we going to go into the stay here? Okay. So I think everybody needs to go ahead and take off. There's some chairs there and stuff.
It can be here for the motion if you want to go ahead and if anyone wants to make that motion right now you're going to go to Executive Session. Pursuant edX, you need to read the whole thing pursuant to
section 24 64024. B for purposes of competence with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions related to complaint by Robert Flockhart, etc, against the town of Timnath
Do I have a second? Second. All those in favor say aye. Aye. Opposed. We are now in Executive Session.
Same the is there anything? Is there an intermediate step here that I need to take
it could open the doors and let the public back in but it doesn't look like this a lot of people so you can just have a motion to dismiss
okay to do I have a motion to adjourn
to adjourn. So pardon. I moved to adjourn.
Do I have a second? Second? Okay, all those in favor say aye. Hi, we are adjourned.
