City of Dacono City Council Meeting Minutes Monday, January 22, 2024 Meeting called to order at 6:01 PM Members Present Doris Crespo Tony Cummings Rick Gerk Adam Morehead, Mayor Kevin Plain Michelle Rogers Danny Long, excused Valerie Taylor, City Clerk Mark Doering, Senior Planner Lisa Fuller, Deputy Clerk Kathleen Kelly, City Attorney Dan Ferris, Police Sergeant Bobby Redd, Public Works Director Members Absent Staff Present Jennifer Krieger, Community Development Director/Interim City Manager Presentations and Proclamations None Public Comment on Issues Not Scheduled on Agenda (Public comments are, limited to 4 minutes) Cody Childers = Carbon Valley Park and Recreation District Board Member, gave updates and statistics Executive Session: An executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. S 24-6-402(4)(e) and for a conference with the City's attorney for the purpose of legal advice on specific legal questions under C.R.S. $24-6-402/4)), specifically concerning KPK transmission lines in Councimember Plain moved to go into executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. S 24-6-402(4)(e) and for a conference with the City's attorney for the purpose of legal advice on specific legal questions under C.R.S. S 24-6-402(4)b), specifically concerning KPK transmission lines in the City's right-of-way. The vote was unanimous with Mayor Morehead declaring the for the district. the City's right-of-way. motion carried. The council convened in executive session at 6:07 PM. Mayor Morehead stated the time is now 6:30 PM, and the executive session has been concluded. The participants in the executive session were Councilmember Michelle Rogers, Councilmember Doris Crespo, Councimember Rick Gerk, Councilmember Kevin Plain, Councilmember Tony Cummings, Public Works Director Bobby Redd, Community Development Director/Interim City Manager Jennifer Krieger, City Attorney Kathleen Kelly, Special Counsel for Oil and Gas Steven Louis Prescott. Mayor Morehead asked, ifany 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, he asked they state their concerns for the record. None were stated. Page 1 of5 Consent Agenda a. Approval of January 8, 2024, Regular Meeting Minutes. b. Approval of Accounts Payable Dated January 22, 2024, in the Amount of $334,247.02. : Appointing Mayor Morehead as an Ex-Officio Member of the Carbon Valley Chamber of d. Approval of Resolution 24-08, Approving a Farm Lease Agreement with Johnston Family Councilmember Plain moved to approve the consent agenda as presented. The vote was Commerce Board of Directors. Farms, LLC. unanimous with Mayor Morehead declaring the motion carried. General Business Mayor Morehead asked if any councilmember had any disclosures regarding the public hearings, such as conflicts of interest or any ex parte communications. Rick Gerk - no, Doris Crespo - no, Kevin Plain = no, Tony Cummings - no. Michelle Rogers stated she attended the Sweetgrass HOA meeting on November 7, 2023. Jon Lee with CDG attended the HOA meeting; however, the application, which is the subject of this public hearing, was not presented or discussed during the meeting. She didn't have any ex-parte conversation with Mr. Lee. Her participation as a resident in the annual meeting does not preclude her from participating in the hearing before the city council in a fair and unbiased. manner. She will base her decision only on the evidence presented to the City Council during the hearing. Mayor Morehead stated he did not have any disclosures to make. A. Public Hearing and Consideration of Ordinance 955, Rezoning Certain Property Located within the Sweetgrass Subdivision, on Second Reading; and Resolution 24- 10, Approving a PUD Preliminary Development Plan and a Preliminary Plat for the Sweetgrass Subdivision. Mayor Morehead opened the public hearing. Susan Wade - 1500 West Canal Ct, Littleton, CO, was sworn in by City Clerk Valerie Taylor and gave her presentation. Senior Planner Mark Doering presented his report. Megan Thornam - Sweetgrass resident was sworn in by City Clerk Valerie Taylor and thanked Jon Lee for listening to the residents' concerns. She asked questions about usable open space, if the Metro District has voted on the plan, if the HOA approved the plan, and if the oil and gas company has said iti is ok to use this land; and asked about decreasing the size of the other pocket parks, if there will be a path from the park to the pool. She also asked if the HOA would have any say in the open lawn area and pocket parks and if the pool would be upgraded to accommodate the additional housing units. Leonard Kaufman - Sweetgrass resident was sworn in by City Clerk Valerie Taylor and voiced his concerns about the construction traffic on Sweetgrass Parkway and the damage Jeff Gimar - Sweetgrass resident was sworn in by City Clerk Valerie Taylor and thanked the council and developer for consideration of parks. He stated a patch of grass does not make a park and would like to see other amenities, a parking lot, and a path toi the pool. Michelle Laine - Sweetgrass resident was sworn in by City Clerk Valerie Taylor and thanked the developer for listening to their concerns. She would like to see usable parks, pocket that it is causing. parks that can be used by all ages, and a parking area. Page 2 of5 Ben Stromberg = Sweetgrass resident was sworn in by City Clerk Valerie Taylor and stated he would not have moved his family into Sweetgrass with the new plans. He would like to Mark addressed the decrease in some lots and moving some lots, without losing open space. He also stated oil and gas equipment has been removed so it makes previously Councilmember Gerk asked if there is anything that would prohibit this land from being used Mark stated the city does not look for specific park designs at the preliminary stage, that is Mayor Morehead asked if there is a requirement that open space be usable, not prairie dogs, native grass, and if there is anything that says that what percentage of the 65 acres is Mark stated that in the city's code there are several areas that are eligible for usable open space. There are a variety of things that define usable open space with regards to acreage. Usable open space includes drainage, trails, parks and they received partial credit for Mayor Morehead stated that safety and quality of life are to be ensured with development Mark stated that they are very much interested in Godding Hollow going through to the Councilmember Rogers asked about the additional number of units. Mark stated there are an additional 136 units more than what was approved in 2008. Councilmember Rogers asked what defined a residential unit. Mark stated a unit is counted as residential unit, if an Mayor Morehead asked what the range is on the map. Mark stated that will depend on what Jon Lee 2500 Arapahoe Ave, Boulder, CO was sworn in by City Clerk Valerie Taylor and addressed the range issue. Sweetgrass contemplated straight zoning in 2001. The range gives them the ability toi flex with demand. They cannot go past 1800 units but can go below. He gave the history of the wells on the park property and that the metro district owns the land and the metro district has governmental immunity, the HOA will pay to maintain the area. They can afford to put the grass area in. He stated al lot of things that are planned now are things that could not be done before due to wells int the area. He stated water shares for the green area are over $300,000. Parks are designed by age ranges. Basketball courts get destroyed and the HOAI must pay fori it. Itis a real challenge to build things that kids from the community use and people from outside the community do not come in and destroy. Diversity of housing is needed in Dacono. They listened to the residents, and they hope they listened to what the council's concerns are. Councimember Rogers asked about where the commercial space is going to be located. Mr. Lee stated that the commercial area is along the frontage road, south of CR 10. Councimember Rogers asked for clarification on a pool for the multi-family units. Mr. Lee see the old plan remain in place. unusable open space, usable open space. outside oft this plan. done with the final development plat. calculated as usable open space. dedication oft the school site. and he is concerned with traffic. Frontage Road. apartment building has 10 units iti is 10 residential units. the builder proposes. Page 3 of5 stated that if they build 300 units they are required to build a pool. Mayor Morehead stated it is a big development and people will drive to the park and a parking area will be needed. He has always been concerned about the traffic and asked ifa traffic study had been done. Mr. Lee stated that an updated traffic study has been submitted. Mr. Lee stated that they would be willing to put a parking lot and decrease the size of the grass area. Mayor Morehead would like to see more amenities in the park. Mayor Morehead asked if the metro district would have to give them permission to improve Councimember Gerk stated the Planning Commission had concerns about usable open space. He stated there is more density on the north end, and asked why there isn't more open space upi there. Mr. Lee stated that the current homeowners were upset that there wasn't a park in their area. The developments up on the north side will have their own Councimember Plain stated he thinks there needs to be a parking lot, but not take a huge Councilmember Rogers asked if there will be a path from the pool to the park. Mr. Lee Mr. Lee stated the City has standards ini their PUD codes, and they are exceeding the Councilmember Cummings stated that meeting standards on paper and meeting the needs Councilmember Plain stated it wasn't sO much that it met the standards but how it is laid out. Mayor Morehead stated he would rather have more homes than industrial uses. Councimember Gerk asked if anything is preventing them from further discussions regarding the four-acre park. Mr. Lee stated that it can always be talked about offline. Mr. Lee stated that ift this plan doesn't go through he would go back to the original plan that Mayor Morehead and Councilmember Plain both voiced their concerns about the ownership oft the park and would like to get that fact nailed down before a decision is made. Mr. Lee that property. Mr. Lee said they would. amenities. People will come down to the park ifiti is there. piece out of the park. stated FRICO will not let them put a bridge over the ditch. standards and requirements of the City. oft the residents are two different things. doesn't include the park. stated that he would like to get the commitment nailed down. With no further comments Mayor Morehead closed the public hearing. Mayor Morehead moved to remand the application to the Planning Commission for further public hearing to consider the additional evidence regarding the proposed open space and the revised application materials. The vote was unanimous with Mayor Morehead declaring the motion carried. Staff Reports Jennifer Krieger - no report. Brian Skaggs -I not present. Valerie Taylor - no report. Kelly Stroh = not present. Mark Doering = no report. Bobby Redd - no report. Page 4 of 5 Kathleen Kelly - no report. Doris Crespo - no report. Tony Cummings = no report. Rick Gerk = no report Danny Long - not present. Kevin Plain - no report. Adam Morehead - no report. Michelle Rogers - no report. Council Members Adjournment: With no further business to be discussed, the meeting was adjourned at 8:23 PM. Approved this 12th day of February, 2024. - Adam Morehead, Mayor Attest: Valerie Clerk dy Page 5 of5