1041 Discussion

Council held a discussion with the Town attorney as to whether or not to adopt a set of regulations known as 1041 regulations. In 1974, the Colorado General Assembly enacted House Bill 74-1041 with the intention to allow for local governments to maintain their control over particular development projects, proposed or executed by state or federal jurisdictions. Under 1041, local governments may identify, designate, and regulate areas and activities of state interest, such as site selection and construction of highways, water and sewage systems and landfills, through a local permitting process, mitigating potential impacts to the local community. A local government may deny the permit if the proposed activity does not comply with the locally adopted guidelines and regulations.

Council weighed the drawbacks of potentially deterring proposed beneficial projects due to the extra regulations versus the benefits of having extra protections around the Town’s resources should a proposed project compromise them. Council opted to continue the conversation and get more information prior to making any immediate decisions around this topic.

Single-Use Plastics Discussion

Town Council directed staff to prepare an Ordinance that will implement phased regulations on single-use plastics, which includes “skip the stuff” for restaurant takeout orders and a ban on single-use plastic water bottles less than 1 gallon in volume. Council initially discussed policies that would reduce the use of single-use materials ahead of the upcoming state requirements within the Plastic Pollution Reduction Act (PPRA), during the November 8, 2022 work session. Effective January 1, 2024, the Act bans the distribution of single-use plastic bags by retailers as well as polystyrene as a to-go container for certain restaurants and schools.

One of the six guiding principles from Frisco’s Community Plan is a sustainable environment.  Frisco’s natural environment is the primary quality that attracts residents and visitors, and Town Council embraces measures that reduce waste and greenhouse gas emissions and conserve water resources.  One such measure identified in the Plan is to develop a program to reduce the use of single-use plastics. The proposed single-use plastics reduction ordinance supported by Council will include:

• “Skip the Stuff” –  All condiments and disposable to-go items at restaurants may only be provided by customer request
• Prohibiting the distribution or sales by the Town of all single-use plastic beverage bottles and cups at any Town facility, park, or permitted special event, effective upon signing. The Town has already switched to aluminum bottled water for events and encourages attendees to bring their own water bottles.
• Ban on the sale of plastic water bottles under one gallon in volume

With the approaching PPRA deadline, Council also supported staff recommendation to align Frisco’s bag fee and plastic bag ban regulations (Ordinance 21-01) with the state’s. While this keeps the bag fee amount the same, as well as which businesses are required to collect bag fees, aligning with state regulations will:

• -Reduce the amount retained to 40% of the bag fee from 50% of the $0.25 fee, but not limit to $100/month.
• Allow retailers to retain collected fees of less than $20 per quarter and remit in the next quarter when total amount of bag fees collected exceeds $20; Frisco’s current ordinance does not have a minimum.
• Paper bag requirements: PPRA requires paper bags to be 100% recycled material or other post-consumer material (PCR); Frisco’s ordinance requires bags contain a minimum of 40% PCR.
• PPRA will expand Frisco’s current allowed use of fees to pay its administrative and enforcement costs of the bag program; and for any recycling, composting, or other waste diversion programs and related outreach and education activities. Frisco’s current ordinance restricts programs and projects to those directly associated with disposable bags.

Staff expects to present Council with an ordinance around July 2023, at which point Frisco will cease the distribution of single-use plastic bottles on Town-owned spaces and Town-permitted events, as well begin using collected bag fees towards additional sustainability programs. Other elements of this ordinance will go into effect July 1, 2024 to align with the state’s timeline for allowing local governments to pursue more stringent action.

Prior to returning with an ordinance staff will do additional outreach to all impacted parties, including but not limited to small and large businesses within Town limits.

Unified Development Code Updates- Zoning and Development

Council approved on first reading and ordinance to make changes to the Unified Development Code (UDC) first discussed at the February14, 2023, Town Council meeting. The Unified Development Code (UDC) contains the rules and regulations for the Town’s zoning code and is periodically updated to reflect changing zoning priorities and to increase efficiencies in the development review process.

The Frisco Planning Commission held a work session on October 6, 2022, and discussed potential UDC amendments that aimed to provide procedural relief and clarification when navigating the UDC. Staff presented the proposed amendments resulting from that discussion for review by the Planning Commission at the January 19, 2023 meeting, at which the Planning Commission recommended approval.

The proposed changes relate to construction timelines and management, development standards, updating snow storage requirements, construction fencing, lot coverage, and specific uses in the use table, and definitions. Council directed staff to return in March with an ordinance amending the Unified Development Code.

Budget Appropriations for 2022 and 2023- Second Reading

While Town Council approves a budget each year, it is occasionally necessary to make changes to the budget. These changes must be adopted by Council via an ordinance. Below is a list of the proposed changes to the 2022 and 2023 budgets.

2022 Supplemental Appropriations

These supplemental appropriations were discussed with Council during the 2022 calendar year and will amend the 2022 budget by the amounts listed below:

1. Transferring 1/3 of 2021 costs related to Marina area lift station from the Marina Fund to the Capital Fund, per the Council’s conversation about the Marina during the 2023 budget adoption – $466,257
2. Reassigning 2022 costs related to Marina Park landscaping from the Marina Fund to the Capital Fund, per the Council’s conversation about the Marina during the 2023 budget adoption – $174,173

2023 Supplemental Appropriations

Rolled Over from the 2022 Budget into the 2023 Budget

The supplemental appropriations listed below relate to projects budgeted, but not completed in the 2022 budget. The related ordinance will amend the 2023 budget by the amounts listed below.

General Fund Expenditures- $64,365

1. Historic Park Lighting: Lighting Design and Photometric Analysis of the FHPM by AE Design- $6,500
2. Solarize Summit: One contracted but not completed installation, and 3 unused rebates- $6,000
3. Streets Maintenance: Concrete and Pavement Replacement – $51,865

Capital Improvement Fund Revenue – $18,000
EV Charging: Charge Ahead Grant for 3rd Ave EV chargers. Project has been completed, but grant reimbursement not yet received – $18,000

Capital Improvement Fund Expenditures – $1,535,440

1. Wayfinding (PRA Signage): For improved signage on trails and bike park – $12,000
2. Trails Master Plan: 2022 included $40,000 for project; $33,748 spent to date. TC approved 2/14/23. – $6,252
3. Frisco Backyard Plan: Multi-year planning effort, budgeted $240,000 in 2022 for project; $112k spent to date- $127,492
4. Concrete Replacement at Town Hall plaza/sidewalks- $50,000
5. Summit Boulevard – GAP Project- $300,000
6. Town Hall Dumpster Enclosure- $50,000
7. Vehicles & Equipment: Ford Lightening (PRA), PD Expedition & upfitting, Western Plow, CAT Loader, Backhoe – $539,696
8. Fuel System Overhaul – $450,000

Water Fund Expenses – $500,000
2022 Water Capital Projects PFAS – $500,000

Marina Fund Expenses – $142,450
Replace Mooring Anchor Winch Boat; 2022 budget was $150,000; boat/motor arrived in 2023- $142,450

New Appropriations

Budget requests recommended by the Town Manager, to help achieve Town Council’s Strategic Plan. The related ordinance will amend the 2023 budget by the amounts listed below.

General Fund Expenditures- $349,000

1. Snow Removal: Snow Cat Rental and Plow Ops Software- $60,000
2. Short Term Rental Compliance- 3rd party software costs were intended to be transferred from Admin to CDD, but were inadvertently left out of the adopted budget- $55,000
3. New staff positions: Town Engineer – $125,000, Sustainable Materials Management Technician – $65,000, Human Resources Technician – $44,000

Capital Fund Expenditures -$50,000 (Reduction)

1. Marina Site Work: To meet the expectations of Town Council discussion on December 13- $80,000
2. PRA Recreation Pathway Final Connection: To connect the unfinished pathway that goes under Hwy 9 to County property – $120,000
3. Park Improvements: Reducing the budget for the Old Town Hall Park -$250,000

Housing Fund Revenue – $8,450,000

1. Granite Park: CDOT contributions will increase based upon increased GMP- $1,250,000
2. Granite Park: COP Proceeds were not included in the adopted budget- $7,200,000

Housing Fund Expenditures – $2,500,000
Granite Park: Updated budget based upon GMP for total project cost- $2,500,000

Marina Fund Expenses – $170,000
Boat Ramp: To match the bid received, original budget was based upon an engineer’s estimate. Efforts will be made to work with the contractor to reduce the end cost- $170,000

The following were not included in this first reading but will be added to the second reading:

Marina Fund Expenses – $70,000
Rescue boat: Purchase of a rescue boat for the Frisco Bay Marina

Nicotine Tax Fund- $180,000

1. Sol Center funding: construction of the non-profit campus in Breckenridge for FIRC and Building Hope- $100,000
2. Summit County Preschool: funding for capital improvement projects- $80,000

Council voted on second reading to approve this ordinance regarding budget appropriations for the 2022 and 2023 budgets.

Frisco Town Council Meetings: Ways to Participate

Frisco Town Council meetings are available to view via Zoom and YouTube, and are also held in person to make Town Council meetings easier to access for everyone.

The public can provide comment during meetings via Zoom or in person (not YouTube), and a public comment period will be available at 7:00pm; during the consideration of ordinances; and at the discretion of Town Council during work session items, which are discussions that don’t require a formal vote by Town Council and do not require public comment.

Again, this hybrid approach is intended to make Town Council meetings more accessible, and meeting recordings will typically also be made available the day after a meeting in the meeting archive with agenda topics bookmarked to the discussions in the video.