TOWN BOARD REGULAR MEETING October 28, 2019 - 7:00 PM Town Board Chambers, 301 Walnut Street, Windsor, CO 80550
AGENDA A. CALL TO ORDER 1. Roll Call 2. Pledge of Allegiance 3. Review of Agenda by the Board and Addition of Items of New Business to the Agenda for Consideration 4. Proclamation • National Adoption Day Proclamation
5. Board Liaison Reports • Town Board Member Baker - Tree Board, Historic Preservation Commission • Town Board Member Wilson - Parks, Recreation and Culture Advisory Board; Poudre River Trail Corridor • Mayor Pro Tem Bennett - Water and Sewer Board • Town Board Member Rennemeyer - Chamber of Commerce • Town Board Member Jones - Windsor Housing Authority; Great Western Trail Authority • Town Board Member Sislowski - Clearview Library Board; Planning Commission • Mayor Melendez - Downtown Development Authority; North Front Range/MPO 6. Public Invited to be Heard
Individuals wishing to participate in Public Invited to be Heard (non-agenda item) are requested to sign up on the form provided in the foyer of the Town Board Chambers. When you are recognized, step to the podium, state your name and address then speak to the Town Board.
Individuals wishing to speak during the Public Invited to be Heard or during Public Hearing proceedings are encouraged to be prepared and individuals will be limited to three (3) minutes. Written comments are welcome and should be given to the Deputy Town Clerk prior to the start of the meeting. B. CONSENT CALENDAR 1. Minutes of the October 14, 2019 Regular Town Board Meeting 2. Resolution No. 2019-71 - A Resolution Approving an Intergovernmental Agreement for Assistance with Great Outdoors Colorado Funding for the Completion of the Poudre River Trail, Between the Town of Windsor, Colorado and Larimer County - W. Willis
C. BOARD ACTION 1. Public Hearing and Conditional Use Grant (CUG) for a Public Utility Installation Including Transmission Lines and Substation - Avery Substation - Public Service Company of Colorado, Applicant; Nicole Korbe, Applicant's Representative Quasi-judicial action Staff presentation: Scott Ballstadt, Director of Planning
Page 1 of 62 a 2. Optimist Club of Windsor Outside Agency Funding Request Staff Presentation, Shane Hale, Town Manager
a 3. Ordinance No. 2019-1595 - An Ordinance Amending Chapter 2 and Chapter 16 of the Windsor Municipal Code with Respect to the Removal of Members of Certain Boards and Commissions Serving the Town of Windsor Second Reading Legislative action Staff presentation: Ian D. McCargar, Town Attorney
a 4. Ordinance 2019-1596 - An Ordinance Repealing, Amending and Re-adopting Portions of Section 13-2-80 of the Windsor Municipal Code with Respect to the Dedication of Water Rights and Payment of Cash in Lieu of Water Rights Dedication Second Reading Legislative Action John Thornhill, Community Development Director
a 5. Ordinance No. 2019-1597 - An Ordinance Pursuant to Section 3.1 of the Town of Windsor Home Rule Charter Approving a Revision to the Boundries of Municipal Election Districts within the Town of Windsor, Colorado First Reading Legislative Action Kim Emil, Assistant Town Attorney/Town Prosecutor
a 6. Ordinance No. 2019-1598 - An Ordinance Repealing Subsection (b) of Section 10-11-20 of the Windsor Municipal Code Concerning the Public Consumption of Alcohol within Public Parks in the Town of Windsor First Reading Legislative Action Staff Presentation: Eric Lucas, Director of Parks, Recreation & Culture
a 7. Economic Development Update Staff Presentation: Stacy Miller, Director of Economic Development
a D. COMMUNICATIONS 1. Communications from Town Attorney 2. Communications from Town Staff a. Windsor Police Department September 2019 Statistical Report
3. Communications from Town Manager 4. Communications from Town Board E. ADJOURN
The Town of Windsor will make reasonable accommodations for access to Town services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call (970) 674-2400 by noon on the Thursday prior to the meeting to make arrangements.
Page 2 of 62 MEMORANDUM
Date: October 28, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Re: Item #: 4.• ATTACHMENTS:
National Adoption Day Proclamation
Page 3 of 62
PROCLAMATION
National Adoption Day November 23, 2019
WHEREAS, the Town of Windsor, Colorado recognizes the importance of giving children and youth, who have suffered the impact of abuse and neglect, permanent, safe and loving families through adoption; and
WHEREAS, more than 123,000 children in the United States foster care system are waiting to be adopted; and
WHEREAS, more than 40 children in Weld County are awaiting adoption through legal permanency; and
WHEREAS, to find forever families for these children, the local courts of Greeley, Colorado will open their doors on November 22, 2019, to finalize the adoptions of local children and join other organizations to celebrate all adoptions; and
WHEREAS, this effort, along with similar celebrations in all 50 states will offer children the chance to live with stable and loving families and encourage other dedicated individuals to make a powerful difference in the lives of a child through foster care adoption.
NOW, THEREFORE, be it resolved that I, Kristie Melendez, Mayor of the Town of Windsor, do hereby proclaim the 22nd day of November, 2019 to be WELD COUNTY ADOPTION DAY and November 23, 2019 as NATIONAL ADOPTION DAY and in so doing, urge all citizens to join in a national effort to raise awareness about the importance of child welfare foster care and adoption.
Dated this 22nd Day of June, 2019.
Kristie Melendez, Mayor
Page 4 of 62 MEMORANDUM
Date: October 28, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Re: Item #: B.1. ATTACHMENTS:
10.14.19 TB Minutes
Page 5 of 62 TOWN BOARD REGULAR MEETING October 14, 2019 - 7:00 PM Town Board Chambers, 301 Walnut Street, Windsor, CO 80550
MINUTES A. CALL TO ORDER Mayor Melendez called the meeting to order at 7:04 p.m. 1. Roll call Mayor Kristie Melendez Mayor Pro Tem Ken Bennett Myles Baker Barry Wilson Paul Rennemeyer Tom Jones - Absent David Sislowski
Also Present: Shane Hale, Town Manager Ian McCargar, Town Attorney Rick Klimek, Chief of Police Scott Ballstadt, Director of Planning Stacy Miller, Director of Economic Development Krystal Eucker, Town Clerk
2. Pledge of Allegiance Town Board Member Rennemeyer led the pledge of allegiance. 3. Review of Agenda by the Board and Addition of Items of New Business to the Agenda for Consideration Town Board Member Rennemeyer moved to approve the agenda as presented, Mayor Pro Tem Bennett seconded the motion. Roll call on the vote resulted as follows; Yeas - Baker, Bennett, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 4. Proclamation Mayor Melendez read the National Community Planning Month Proclamation.
• Proclamation for National Community Planning Month
5. Board Liaison Reports
• Town Board Member Baker - Tree Board, Historic Preservation Commission Town Board Member Baker had no update for the Tree Board.
Historic Preservation Commission held a work session last Wednesday. There was discussion regarding the potential of two interpretive signs around Windsor Lake discussing the significance of water in Northern Colorado and in Windsor.
• Town Board Member Wilson - Parks, Recreation and Culture Advisory Board; Poudre
Page 6 of 62 River Trail Corridor Town Board Member Wilson reported the Poudre River Trail Corridor GoCo grant with Windsor, Larimer County, Timnath, and Fort Collins to connect Windsor and Ft. Collins has been well-publicized and big news.
The Parks, Recreation and Culture department is currently working on winterizing parks facilities.
The PRECaB meeting brought forth some interesting facts: The CRC through September has greeted more than 298K people thus far this year. September brought in 26,522 visits which averages about 915 visits per day. Membership in August had gained 343 new members In September, Silver Sneakers alone accounted for 2,248 of the visits Pickle ball is gaining popularity: CRC had 2,100 players in 2018. In 2019, that numbers has risen to 2,903 players through August alone of 2019.
• Mayor Pro Tem Bennett - Water and Sewer Board Mayor Pro Tem Bennett reported that the Water and Sewer Board met on October 9, 2019. The Board reviewed the data regarding raw water dedication and made recommendations to the Board. • Town Board Member Rennemeyer - Chamber of Commerce Town Board Member Rennemeyer had no report regarding the Chamber of Commerce.
Mr. Rennemeyer attended the Library Board meeting on behalf of Mr. Sislowski. Some of the highlights from the meeting: The Board unanimously approved to go Fine Free, which means there will no longer be fines for items returned late to the library. They are following the trend of a lot of libraries that are going in that direction. Decision made as of October 1, 2019. An alarming statistic shared is the number of patrons served is lower than in previous years. The Book Mobile patron usage is up from last year. However, the overall trend has gone down over a 5-year period. Steadily has gone down. Program attendance is down Circulation is hovering
Trends are not looking positive, which is probably what led to the Strategic Planning session that took place on Saturday. Mr. Sislowski will report on that meeting.
Mr. Sislowski did mention the decline in the Book Mobile patronage may have been impacted due to the duration of time both this year and last year that it was in the garage being serviced for A/C issues.
• Town Board Member Jones - Windsor Housing Authority; Great Western Trail Authority Town Board Member Jones; absent - no report. • Town Board Member Sislowski - Clearview Library Board; Planning Commission Town Board Member Sislowski reported a meeting of the Library strategic planning advisory group took place on Saturday, October 12, 2019. That group being charged with developing a long- term strategic plan and vision for the Library operating within their existing Mission statement.
Page 7 of 62 There will be two more meetings to held in mid-November. The Advisory Group will be presenting to the Library Board its recommendations. The Board will then consider those recommendations for adoption in late November.
Mayor Melendez mentioned that the Library will plan a community engagement outreach once the strategic plan is approved by the Advisory Board. This will be a time for feedback, to voice concerns, and to see the course of the plan before the final strategic plan is adopted.
Mr. Sislowski also stated that this Saturday, October 19th, there will be all -day interviews with the Interview Group for two term-limited Advisory Board positions that are opening up at the end of the year. He, as part of the Interview Group, will be interviewing seven candidates to fill those two positions.
• Mayor Melendez - Downtown Development Authority; North Front Range/MPO Mayor Melendez reported the DDA meeting is scheduled for Wednesday, October, 16th at 7:30 p.m. Nothing to report until after that meeting.
North Front Range MPO met on October 3rd in Loveland. Highlights from that meeting: 1. Received a report from VanGo fair. The VanGo pool program is barely breaking even. MPO expects insurance premiums to go up due to large amount of hail damage across the state and the turn over in new fleet vehicles. There has been no cost of living increase and fares have not increased since 2016. Because of this, there is a recommended 2% fare increase expected to take place January 1, 2020, which is about an average of $4/ month in ridership. Not a significant change. Will be more diligent in future years to track cost vs. revenue, so they can plan for a more gradual increase as needed.
2. Mobility report: The Bustang to Bronco's will return this season. Cost is $30 round trip. Snowstang expanding to include A-Basin and the Loveland ski area, as well as the Eldora ski area. The cost $25 rt.
3. The 2045 Regional Transportation Plan has been approved.
4. A summary of the 2019 Public Outreach has been completed. Huge increase in community interactions. Proudly, Windsor had the largest number of interactions of any community at nearly 800 interactions from the Harvest Fest. CDOT is planning a 10-year pipeline of projects. Our list of transportation priorities was given to TAC who is currently going through our list. In November's meeting, they will then give us a 10-year pipeline of projects ready to go when money is available.
6. Public Invited to be Heard Mayor Melendez opened the meeting up for public comment to which there was none.
B. CONSENT CALENDAR
1. Minutes of the September 23, 2019 Regular Meeting - K. Eucker
2. Resolution No. 2019-65 A Resolution Affirming the Reappointment of Bill Hertneky to the Poudre River Trail Corridor Authority Board of Directors - Ian D. McCargar, Town Attorney
3. Resolution No. 2019-66 A Resolution Changing the Street Name of Weld County Road 13 and Larimer County Road 1 to Colorado Boulevard in the Town of Windsor, Colorado - Scott Ballstadt
Page 8 of 62 4. EarthX Lithium Batteries Incentive Agreement Extension - J. Young
5. Advisory Board Appointments - K. Eucker
6. Report of Bills September 2019 - D. Moyer
Town Board Member Rennemeyer moved to approve the consent calendar as presented, Town Board Member Baker seconded the motion. Roll call on the vote resulted as follows; Yeas - Baker, Bennett, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. C. BOARD ACTION
1. Ordinance No. 2019-1595 - An Ordinance Amending Chapter 2 and Chapter 16 of the Windsor Municipal Code with Respect to the Removal of Members of Certain Boards and Commissions Serving the Town of Windsor
Per Mr. McCargar, in a recent amendment to the Code, inconsistent and redundant language was discovered regarding the removal of advisory board members. This Ordinance eliminates the the inconsistency and redundancy, so that all advisory board members are treated in like fashion in the event of removal.
The Ordinance before you is a corrected version from that presented on September 23, action on which was postponed to October 14 to allow for the correction.
Town Board Member Rennemeyer moved to to approve Ordinance No. 2019-1595, Town Board Member Wilson seconded the motion. Roll call on the vote resulted as follows; Yeas - Baker, Bennett, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 2. Public Hearing - Final Major Subdivision - Great Western Industrial Park Subdivision 11th Filing - Dean Brown, owner/applicant, and Mark Cevaal, Redland, applicant's representative
Town Board Member Rennemeyer moved to open the public hearing, Mayor Pro Tem Bennett seconded the motion. Roll call on the vote resulted as follows; Yeas - Baker, Bennett, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. Per Ms. Malone, the applicant, has submitted a major subdivision, known as Great Western Industrial Park Subdivision 11th Filing. The proposal is the replat of Great Western Industrial Park 7th Filing, Lot 3 and Lot A of Recorded Exemption No. 0808-26-4-RE455. The site is located directly west of WCR 23 and east of Great Western Drive; ¼ mile south of Eastman Park Drive/WCR 64 ¾, and directly south of the Whitney Ditch.
The subject subdivision encompasses approximately 37.15 acres and is zoned Heavy Industrial (I-H). The proposal replats an existing subdivision filing in Great Western Industrial Park and a recorded exemption to create three industrial lots and additional right-of-way for WCR 23. The site is entirely surrounded by I-H zoning within the Great Western Industrial Park Subdivision. The subdivision includes a non-potable water system with water line, pond, and irrigation pump station. The major subdivision application combined the preliminary and final subdivision requests. The preliminary subdivision was approved by the Planning Commission on October 2, 2019, along with a recommendation of approval forwarded to the Town for the final subdivision.
Final Plat characteristics (please see project presentation for plat): 37.15 acres Heavy Industrial zone (I-H) Three industrial lots
Page 9 of 62 Lot 1 – 16.145 acres Lot 2 – 1.646 acres Lot 3 – 18.625 acres Dedication of .606 acres of right-of-way
The applicant held a neighborhood meeting on July 9, 2019. There were three neighbors in attendance, all with general questions about the project and no concerns regarding the subject proposal.
The application is consistent with the Comprehensive Plan as well as the Strategic Plan.
Notifications: A neighborhood meeting was held on July 9, 2019. Notifications for this meeting were as follows: June 28, 2019 – display ad published in the newspaper June 27, 2019 – affidavit of mailing to property owners within 300 feet
Notice of public hearings scheduled before Planning Commission (10/2/19) and Town Board (10/14/19) were published in the newspaper, posted on the website and Town Hall bulletin board, and a sign was posted on the property in accordance with the Municipal Code. Notice of these public hearings was also mailed to property owners within 300 feet. Notifications for this meeting were as follows: September 20, 2019 – display ad published in the newspaper September 19, 2019 – affidavit of mailing to adjacent property owners September 16, 2019 – notice posted on the property
Recommendation: At their October 2, 2019 meeting, the Planning Commission forwarded to the Town Board a recommendation of approval of the final major subdivision as presented, subject to all remaining Planning Commission and staff comments being addressed.
Staff requests the following be entered into the record: Resolution Application and supplemental material Staff memorandum and supporting document Testimony presented during presented during the public hearing Recommendation
Ms. Melendez inquired if there was any comments from Weld County for the IGA regarding the unincorporated Weld County area. Ms. Malone stated there were no conflicts with the request. Applicant had nothing further to add.
Town Board Member Rennemeyer moved to close the public hearing, Mayor Pro Tem Bennett seconded the motion. Roll call on the vote resulted as follows; Yeas - Baker, Bennett, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 3. Resolution 2019-67 - A Resolution Approving the Final Major Subdivision - Great Western Industrial Park Subdivision 11th Filing - Dean Brown, owner/applicant, and Mark Cevaal, Redland, applicant's representative
Ms. Malone had nothing further to add.
Town Board Member Wilson moved to to approve Resolution No. 2019-67, Town Board Member Baker seconded the motion. Roll call on the vote resulted as follows; Yeas - Baker, Bennett, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 4. Resolution 2019-68 - A Resolution Approving and Adopting the Intergovernmental Agreement for the Operation of the Poudre Express Transit Service Project by, between and among the City of Fort Collins, the Town of Windsor, and City of Greeley
Page 10 of 62 Per Ms. Malone, at the February 5, 2018 work session, the Town Board received a presentation regarding the Northern Colorado Regional Route Study, led by the City of Greeley and Greeley-Evans Transit (GET), along with Willow Jones, the City of Greeley Deputy Public Works Director and Darin Davis, Transit Manager from GET, who were among the most involved in spearheading this effort for the past several years since 2018.
In cooperation with other participating organizations, the study focused on a bus route between the University of Northern Colorado (UNC) and Colorado State University (CSU). The study illustrated demand for ridership within areas of Windsor; and therefore, three transit stops have been planned along the route through Windsor at this time. A fourth location in the area of Larimer County Road 5 and State Highway 392 was identified in the study; however, would need to be considered in the future once infrastructure is in place.
At the July 22, 2019 work session, the Town Board received a presentation from the City of Greeley/GET regarding the anticipated annual funding request for Windsor’s contribution toward the route, beginning next year, of $115,000. At this same work session, there was a separate discussion regarding the planned level of bus stop infrastructure, maintenance, CIP budget impacts, and preliminary cost estimates. The annual cost of participation toward the route for 2020 and initial infrastructure improvements have been proposed within the CIP budget.
The City of Greeley, City of Fort Collins, and Windsor have prepared the attached intergovernmental agreement (IGA) regarding the shared annual financial participation towards the operational costs of the regional route. The IGA includes the infrastructure obligations of each jurisdiction and terms of annual participation. Each jurisdiction will be responsible for funding and constructing infrastructure improvements within the respective jurisdiction, as well as terms for shelter and bench advertising.
Town staff recommends following the Fort Collins design standards for transit infrastructure, including bus shelters, benches, trash receptacles, and other amenities. Excerpts from the Fort Collins Design Standards are attached for reference.
Mr. Baker inquired about parking at the various bus stops; specifically at LCR 5 and 392. Ms. Malone stated the bus stop at LCR 5 and 392 is not being proposed at this time because of lack of infrastructure.
Mr. Baker further inquired if new developments will be required to build parking infrastructure. Ms. Malone responded that it has not been determined as of yet.
Mr. Davis responded that they would utilize existing infrastructure rather than installing anything new. Parking will continued to be monitored by staff whether it be a public/private parking partnership or utilizing big box store parking lot space. 7th street stop was provided as a stop to be within walking/ biking distance from the town core.
Mr. Bennett inquired as to section B (pg. 2) of the IGA regarding Greeley having the authority to make modifications; what would those modifications be. Ms. Malone stated that those modifications could potentially be locations and timing.
Mr. Davis stated that the modifications mentioned were primarily referring to the time schedule of the route. If there are changes beyond the timing, there would be constant communication with the Town.
Mr. Bennett inquired as to the financial modifications as well, if effort is successful and additional stops or service is required. Mr.Davis that there will be conversation with all three partnerships. APC - Automated Passenger Counters will be installed on the buses to track data and demographics.
Mr. Sislowski inquired as to the reference of a fair per ride of $1.50 if that rate was to cover operating cost, O & M.
Page 11 of 62 Mr. Davis replied regarding fares vs. operating cost and stated that the majority of Windsor's contribution will be operating cost.
Mr. Sislowski further inquired regarding the participation rate in targeting a fare of $1.50 in terms of ridership. Mr. Davis stated that bus routes typically take 3 years to fully mature. Performance measure is based off of a goal of 12 riders per hour. Expected budget amount from fares is around $20k per year, some of which is contribution from CSU, so students can ride for free.
Ms. Melendez commented that this is a project that came out of the MPO. Extended thanks to Greeley for spearheading this effort and also to Fort Collins and CSU for their contribution.
Mayor Pro Tem Bennett moved to approve Resolution No. 2019-68, Town Board Member Rennemeyer seconded the motion. Roll call on the vote resulted as follows; Yeas - Baker, Bennett, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 5. Resolution No. 2019-69 - A Resolution Approving Relocation of Outdoor Archery Range
Per Mr. Lucas, the Town has historically offered archery classes at Eastman Park on the south side adjacent to the Poudre River as permitted by Section 10-4-90 (b) of the Windsor Municipal Code which allows for a "The Town Board may, by resolution containing such conditions as may be appropriate, designate certain areas of the town wherein firearms, BB guns, pellet guns, bow and arrow or crossbows may be discharged for the purpose of hunting or target shooting."
In 2011, after several flooding events that resulted in the cancellation of classes, the Town Board approved a resolution approving the temporary relocation of the range to Diamond Valley Park. This was done in an effort to ensure classes and the general public who frequent the archery range could continue enjoying their sport.
In 2018, staff relocated the archery range to Town owned property formally known as the Kodak Watchable Wildlife Area adjacent to the Kodak Trail head along Hwy 257 in an effort to provide users a more realistic shooting experience and remove the use of archery equipment from a planned expansion of Diamond Valley Park. Staff was unaware of the ordinance and only recently learned of the need to obtain Town Board approval for relocation to its permanent home.
Resolution 2019-69 requests Town Board's approval to decommission the archery range at Eastman Park and officially relocate the range to the Town-owned Kodak Watchable Wildlife Area.
Mr. Sislowski complimented Mr. Lucas on the new site as being a very nice facility and observed its frequent use.
Town Board Member Rennemeyer moved to approve Resolution No. 2019-69, Town Board Member Wilson seconded the motion. Roll call on the vote resulted as follows; Yeas - Baker, Bennett, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 6. Ordinance 2019-1596 - An Ordinance Amending Section 13-2-80 Dedication of Water Rights
Per Mr. Thornhill, in order to provide a safe, reliable water supply in perpetuity, the Town of Windsor requires developers to furnish water rights to meet the increased demands of new development.
Sec. 13-2-80. – Grant of Water Rights of the Town Municipal Code states:
(a) All premises requesting original water service from the Town shall furnish to the Town,
Page 12 of 62 without cost to the Town, water rights in the following amounts: (1) Single-family residential with separate non-potable irrigation system: 0.25 AF per residence, plus a seventeen percent (17%) shrinkage factor, for a total of 0.29 AF; (2) Multi-family with separate non-potable irrigation system: .15 AF per dwelling unit, plus a seventeen percent (17%) shrinkage factor, for a total of .18 AF; (3) Single-family without separate non-potable irrigation system: .50 AF per residence, plus a seventeen percent (17%) shrinkage factor, for a total of .58 AF; (4) Multi-family without non-potable irrigation system: .15 AF per dwelling unit, plus 3 AF per acre of irrigated landscape, plus a 17% shrinkage factor.
Staff has received several requests recently to evaluate the raw water dedication requirements for single-family and multi-family residential dual use systems (a separate non-potable system provides irrigation water) in Windsor. An analysis on water demand was performed for all dual- use systems in Windsor which was presented to the Town Board at the September 9, 2019 work session and to the Water & Sewer Board on September 11, 2019. Based on feedback from each board and the development community, staff recommends the following dedication amounts listed below:
Single-family residential dual use systems: .25 acre-feet (AF) per residence;
Multi-family residential dual use systems: .15 AF per dwelling unit;
Single-family without separate non-potable irrigation system: .50 AF per residence;
Multi-family without non-potable irrigation system: .15 AF per dwelling unit, plus 3 AF per acre of irrigated landscape.
The above water use factors were based on an analysis of water use over the last ten years with a special emphasis on more recent development given due to the increasing efficiencies of water fixtures used today. Also, a cursory comparative analysis of other surrounding communities was conducted and found these proposed water factors in line with other raw water dedication amounts. Each dedication amount also includes the full shrink amounts recommended in the Town's water master plan (treatment, distribution, and contractual assessments) as well as a drought protection factor.
Mr. Baker inquired if this will be looked at again in a few years. Mr. Thornhill stated it will be evaluated every year. Mr. Hale stated the Town is participating in NISP; at some point the Town will change its policy from accepting wet water to cash in lieu. In the near future, the calculations will change. We will continue to evolve as the resources change.
Mr. Bennett inquired as to the financing. The rate is going up but the dedication is less. Mr. Hale stated that the price of CBT continues to go up. Soon the Town won't be able to equitably benchmark our cash in lieu to CBT. Will continue to monitor.
Mr. Sislowski inquired as to the yield that is going to be assumed relating to CBT units of the average yield of .7, firm yield of .5 and planning yield between the two. Explain the equation to be used in that calculation. Mr. Thornhill explained that as we move into future and go to 100% cash in lieu based from NISP water based on a firm yield. Depending on what developments are buying. The average yield is on a strictly 100% firm yield basis. All new developments will be evaluated on a firm yield basis. No longer planning or average. Reducing cash-in-lieu, but the charge to developments could go up.
Mr. Bennett asked for more clarification at which Mr. Mr. Hale further explained that the purchase of water may go up but the dedication will go down.
Town Board Member Rennemeyer moved to approve Ordinance no. 2019-1596, Mayor Pro Tem Bennett seconded the motion. Roll call on the vote resulted as follows; Yeas -
Page 13 of 62 Baker, Bennett, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 7. Resolution No 2019-70 - A Resolution in Support of Windsor Severance Fire Districts Referred Ballot Measure 7A on the November 2019 General Election Ballot in Larimer and Weld Counties
Per Mr. Hale, on August 8, 2019, the Windsor-Severance Fire District's Board of Directors adopted a Resolution directing a Tax Increase Ballot Issue be submitted to the Fire District’s voters during the coordinated election in Weld and Larimer Counties on November 5, 2019. The tax increase would support personnel and equipment for 2 new fire stations, as well as increase emergency response times.
Chief Kazien with the Windsor-Severance Fire Districts addressed the Board. He reiterated the proclamation stated by the Mayor earlier regarding October being National Community Planning Month, stating this Ballot Issue is an example of fiscally responsible community planning. He further explains the plan.
The Mill rate increase will happen in 3 stage over the course of 6 years: 2020: Asking for the initial .556 mills increase to bring mill levy from 7.14 to and even 7.75 2023: Additional .5 mills 2026: Additional .5 mills
Incremental increase - WSFD is asking only for what we need. Bond comes off the tax roles. Mill rate on a $300K house is about $11 in 2020; an additional $2 in 2023 because of bond, and then another $11 in 2026. For a total mill rate net increase of about $25 on a $300K house.
Looking at two new stations: Station #4, the first station location is identified for New Liberty and Hill Top intersection to service RainDance,Water Valley South, Steeple Chase, Bison Ridge, High Point and on out to Aims Community College out to Hwy 34. Currently, 1800/ 3600 calls per year are to Station 1 alone. Many existing calls are coming from further and further south which increases response times to northern service areas or in-town. Station 1 needs to stay in town and Station 4 to cover south areas. 2016-2018 data indicated that another station situated to service south Windsor would have reduced response times by an estimated 85 hours of emergency response time in a year.
Station #5 location is still to be determined. It may be to the east of Windsor around Hwy 392 and CR 23 near Severance including service to the industrial park area. Or it could be located to the north of Windsor around Hwy 257 and CR 78 area depending on growth data to be collected.
Mr. Baker inquired as to how the question is answered when residents say that growth should pay for itself. Residents say new development should pay for new fire stations. Mr. Kazien explained that with the $450 Million worth of new residential growth this fiscal year. If that amount of growth is multiplied by the 7.15 of Gallagher, that amounts to $23 million of actual realized assessed value. If multiplied by the Mill Rate, that equates to around $180K of new money for the fire district. However, new firefighters starting salary is modest at about $53K. Additional training adds to the cost up to around $90-100K per firefighter. So new growth in residential will only pay for two additional firefighters. It's all about Gallagher which has both good and bad implications.
Mr. Sislowski asked for further clarification regarding the dates the mills go in to effect. Taxpayers vote in 2019, but the mills take effect in 2020, 2023, and 2026. $3.1 Million is subject to Gallagher adjustments. Chief Kazien further explains that the calculations were based on an estimated 5% growth of our assessed value which is what it has been historically over the past several years. Calculations based on that growth, etc. would yield a $3.1 million increase. The plan is to hire 24 firefighters which equates to $2.4 million. Most of the infrastructure will be paid from cash reserves. The .5 mill incremental increase is to fund personnel. The WSFD
Page 14 of 62 has not asked taxpayers for a tax increase in10 years.
Mr. Sislowski agrees that this a fiscally prudent approach. Significant cash participation from the fire district will fund infrastructure. Look at the WSFD website for further information.
Mr. Rennemeyer asked whether paramedics will be on-site at every station. Chief Kazien commented that the WSFD works in cooperation with UCHealth for their paramedic services at Station 1 & 2. At Station 3, they work with Thompson Valley EMS. At the new location, it is intended to have an ambulance at that location and is contracted there to be with UCHealth.
Mr. Wilson comments regarding potential locations. Supports and encourages others to vote yes on this ballot item. Chief Kazien emphasizes the significantly reduced emergency response times will be a major benefit to having additional fire stations.
Mr. Baker asks about reports on EMS response times. Operations Chief Blackwell confirms that the WSFD regularly monitors response times and receives frequent reports from both UCHealth and TV EMS.
Mayor Melendez supports this Ballot Issue as well.
Town Board Member Rennemeyer moved to approve Resolution No. 2019-70, Town Board Member Baker seconded the motion. Roll call on the vote resulted as follows; Yeas - Baker, Bennett, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. 8. Finance Report August 2019
Mr. Moyer provided an overview of the finance report that was included in packet material.
Mr. Baker asks whether the GO code for Brands East is the Gross or Net that we collected after the rebate. Mr. Hale confirms that it is gross amount and doesn't reflect checks back.
Mr. Moyer also confirms that and will include the net in an upcoming Weekly Update.
Mr. Bennett further inquires about the GO code and whether the red line represents revenue for all of 2018 or just up through August. Mr. Moyer confirms that it represents up through August 2018.
Mr. Rennemeyer questions the mobile food vendors sales tax revenue. Mr. Moyer explains that the code for sales tax was just established on mobile vendors earlier this year. They are also quarterly remitters. Their numbers will be reflected on a subsequent report.
Mr. Sislowski questioned that the reported top 11 sources of revenue had no mention of the Oil and Gas industry. Mr. Moyer explained that the Severance tax is less than a million dollars and therefore is not in the top 11 sources of revenue. Royalties from O & G are far less than recreational revenue.
Mr. Hale confirms that the Royalties revenue amount is included in the property tax number.
D. COMMUNICATIONS
Page 15 of 62 1. Communications from Town Attorney Mr. McCargar reminded the Board of the two executive sessions scheduled this evening. 2. Communications from Town Staff No Communications 3. Communications from Town Manager Mr. Hale reminded the Board of the ICMA conference he will be attending and Mr. Moyer will be acting Town Manager in the interim. 4. Communications from Town Board Mr. Rennemeyer inquired as to when New LIberty and 13th roundabout will be open. Mr. Thornhill stated the roundabout is supposed to open this week or at the latest next week. There has been some curb and gutter issues.
Ms. Melendez gave a reminder of her Coffee with the Mayor event.
Mr. Sislowski gave a reminder regarding the executive session that it was concluded after discussing the topic with Mr. McCargar that he may have a potential conflict and therefore will not be participating in the session beyond the initial vote to enter the executive session.
E. EXECUTIVE SESSION
1. An Executive Session Pursuant to Colorado Revised Statutes § 24-6-402 (4)(e)(I) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators with respect to Raw Water Dedications (Ian D. McCargar, Town Attorney)
2. An Executive Session Pursuant to Colorado Revised Statutes § 24-6-402 (4) (b) to Confer with the Town Attorney for the Purposes of Receiving Legal Advice on Specific Legal Questions Concerning Raw Water Dedications (Ian D. McCargar, Town Attorney)
Town Board Member Rennemeyer moved to go into executive session pursuant to Colorado Revised Statutes § 24-6-402 (4)(e)(I) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators with respect to Raw Water Dedications and pursuant to Colorado Revised Statutes § 24-6-402 (4) (b) to confer with the Town Attorney for the purposes of receiving legal advice on specific legal questions concerning raw water Dedications, Mayor Pro Tem Bennett seconded the motion. Roll call on the vote resulted as follows; Yeas - Baker, Bennett, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed. Mr. Sislowski voted in favor of going into the executive session but will be recusing himself from the executive session due to his involvement with the entity that may be part of the discussion.
Upon a motion duly made, the Town Board returned to the Regular Meeting at 9:42 p.m.
The Executive Session was closed and the Town Board returned to the Regular Meeting.
Upon returning to the Regular Meeting, Mayor Melendez advised that if any participants in the Executive Session believed the session contained any substantial discussion of any matters not included in the motion to convene the Executive Session, or believed any improper action occurred during the Session in violation of the Open Meetings Law; such concerns should now be stated. Hearing none, the Regular Meeting resumed at 9:42 p.m.
Page 16 of 62 F. ADJOURN Town Board Member Rennemeyer moved to adjourn, Town Board Member Baker seconded the motion. Roll call on the vote resulted as follows; Yeas - Baker, Bennett, Melendez, Rennemeyer, Wilson; Motion Passed. The meeting was adjourned at 9:42 p.m.
______Krystal Eucker, Town Clerk
Page 17 of 62 MEMORANDUM
Date: October 28, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Wade Willis, Open Space & Trails Manager Re: Intergovernmental Agreement for Funding the Colorado Front Range Trail-Poudre River Trail Segment Item #: B.2.
Background / Discussion: Town Staff has been collaborating with Larimer County, Timnath, and Fort Collins on the development of a Great Outdoors Colorado (GOCO) Connect Grant. Larimer County agreed to lead the development and submission of the application. The project title is The Colorado Front Range Trail-Poudre River Trail Segment which will construct approximately 4 miles and will result in the completion of the Poudre River Trail from Greeley to LaPorte Colorado. On September 27th, 2019 the GOCO Board awarded a $2,010,000 Grant to this project. Larimer County will be the grant administrator. Each entity will have the responsibility of managing their portion of the funded project and will be responsible for submitting reporting documents to Larimer County who will then submit required documents to GOCO which will ultimately result in reimbursements to each entity.
This agreement details roles and responsibilities for working through the project.
Financial Impact: Town Board appropriated $1,000,000 in the 2019 budget for design and development of the #2 Ditch Trail for Kyger and River Bluffs. The apparent low bid for construction is $813,636.34. Windsor will be reimbursed for $405,017 of the total construction cost.
Relationship to Strategic Plan: Completion of approximately 1 mile of trail beginning the connection from River Bluffs to the #2 Trail system.
Recommendation: Approve Resolution NO. 2019-XXX an Intergovernmental Agreement for assistance with Great Outdoors Colorado Funding for the Completion of the Poudre River Trail, Between the Town of Windsor, Colorado and Larimer County. ATTACHMENTS:
Resolution
Page 18 of 62
TOWN OF WINDSOR
RESOLUTION NO. 2019-
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR ASSISTANCE WITH GREAT OUTDOORS COLORADO FUNDING FOR THE COMPLETION OF THE POUDRE RIVER TRAIL, BETWEEN THE TOWN OF WINDSOR, COLORADO AND LARIMER COUNTY
WHEREAS, the Town of Windsor (“Town”) is a Colorado home rule municipality with all powers and authority provided by Colorado law; and
WHEREAS, the Town, in partnership with Fort Collins, Timnath, and Larimer County (“County”) has received a grant from the Great Outdoors Colorado (“GOCO”) for the completion of the Poudre River Trail (“Project”); and
WHEREAS, Larimer County was the primary applicant and will be responsible for managing the Grant, and;
WHEREAS, the Town and the County have entered into an Intergovernmental Agreement (“IGA”) outlining the terms by which the Town shall participate to receive its allocated portion of the grant funding of this Project; and
WHEREAS, Title 29, Article 1 of the Colorado Revised Statutes encourages and permits local governments to cooperate in the provision of any function, service, or facility lawfully authorized to each of the cooperating entities, including the sharing of costs, the imposition of taxes, or the incurring of debt, so long as such cooperation is authorized by each party thereto with the approval of its governing body; and
WHEREAS, it is the Town’s desire to complete its portion of the Poudre River Trail to provide trail connectivity and continue to provide a diverse, desirable recreation opportunities for its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS:
1. The attached Intergovernmental Agreement for Funding the Colorado Front Range Trail-Poudre River Trail Segment, is hereby approved and adopted.
2. The Mayor is hereby authorized to execute the attached Intergovernmental Agreement on behalf of the Town.
Page 19 of 62
3. The Town Attorney is authorized to make such modifications to the form of the attached Intergovernmental Agreement as may be necessary to carry out the intent of this Resolution.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 28th day of October, 2019.
TOWN OF WINDSOR, COLORADO
By:______Kristie Melendez, Mayor
ATTEST:
______Krystal Eucker, Town Clerk
2 Page 20 of 62 MEMORANDUM
Date: October 28, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Scott Ballstadt, Director of Planning Re: Public Hearing & CUG for a Public Utility Installation - Avery Substation - PSCO of Colorado Item #: C.1.
Background / Discussion: Staff regrets that an error was made and the public hearing sign was not posted on the property as required by the Municipal Code. Therefore, Planning Commission postponed this item to their November 6, 2019 regular meeting and staff requests that Town Board postpone to the November 25, 2019 Town Board meeting.
Page 21 of 62 MEMORANDUM
Date: October 28, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Shane Hale, Town Manager Re: Optimist Club of Windsor Funding Request Item #: C.2.
Background / Discussion: The Optimist Club of Windsor has submitted the attached long form grant application requesting $1,968.00 from the 2109 outside agency funding budget to develop and publish marketing materials for the 2020 Duck Derby, Kindness Week and the Windsor Optimist Club brochure. The Optimist Club of Windsor is a non-profit agency that aids and encourages youth in the community.
The 2019 outside agency fund had a beginning balance of $101,903 with $20,867.30 spent to date, leaving $81,035.70 remaining for 2019. ATTACHMENTS:
Optimist Club of Windsor Funding Request
Page 22 of 62 Page 23 of 62 Page 24 of 62 Page 25 of 62 Page 26 of 62 Page 27 of 62 Page 28 of 62 Page 29 of 62 Page 30 of 62 Page 31 of 62 Page 32 of 62 Page 33 of 62 Page 34 of 62 Page 35 of 62 Page 36 of 62 MEMORANDUM
Date: October 28, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Ian D. McCargar Re: Removal of Planning Commission and Board of Adjustment members Item #: C.3.
Background / Discussion: In a recent amendment to the Code, we discovered inconsistent and redundant language regarding the removal of advisory board members. This Ordinance eliminates the the inconsistency and redundancy, so that all advisory board members are treated in like fashion in the event of removal.
The Ordinance before you is a corrected version from that presented on September 23, action on which was postponed to October 14 to allow for the correction.
Financial Impact: None
Relationship to Strategic Plan: Efficient delivery of governmental services
Recommendation: Adopt Ordinance No. 2019-1595; simple majority required on first reading, five votes required for final adoption.
CC: Shane Hale Krystal Eucker ATTACHMENTS:
Ordinance 2019-1595
Page 37 of 62 Page 38 of 62 Page 39 of 62 Page 40 of 62 MEMORANDUM
Date: October 28, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: John Thornhill, Community Development Director Re: Ordinance 2019-1596 Item #: C.4.
Background / Discussion: This ordinance amends Section 13-2-80 Dedication of Water Rights with respect to the amount of raw water that is required for development of single-family and multi-family residences. Each of the proposed dedication amounts include the full shrink values recommended in the Town's water master plan as well as a drought protection factor.
Relationship to Strategic Plan: Economic sustainability and vibrancy, infrastructure, safety, and quality of life
Recommendation: Approve Ordinance No. 2019-1596 on second reading ATTACHMENTS:
Ordinance 2019-1596 Amending Section 13-2-80 Dedication of Water Rights
Page 41 of 62 Page 42 of 62 Page 43 of 62 Page 44 of 62 MEMORANDUM
Date: October 28, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Kim Emil, Assistant Town Attorney Re: Redistricting Ordinance Item #: C.5.
Background / Discussion: At the October 21, 2019 work session, background information and a draft map were provided to the Town Board regarding Charter requirements related to review of the election districts. The districts are to be reviewed every two years, but the Town can only redistrict once every six years unless such change is necessary to conform to constitutional apportionment requirements. At lease 180 days before a biennial election, the Town Clerk is to determine if the number of registered electors in the district containing the lowest number of registered electors is less than eighty-five (85) percent of the number of registered electors in the District containing the highest number. The geographic districts are based on the number of registered electors for each district and not expressly tied to raw population. Current registered elector data was received by both Weld and Larimer Counties and it was found that the districts were not in compliance with the charter requirements listed in Section 3.1 and that redistricting would be required.
Below is a breakdown of the number of current registered elector numbers in each district using the current district map; District 3 is the highest with 4,774. Using the formula in the Charter, none of the districts are in compliance.
District 1 District 2 District 3 District 4 District 5 District 6 Registered 3,585 3,526 4,774 2,829 2,753 4,015 Electors
In order to come into compliance for the 2020 municipal election, the Town's GIS department was tasked with creating the attached revised district map using the current voter registration data; the current district map and potential growth areas in Windsor were taken into account. The revised district map for consideration was reviewed by the Town Board on October 21, 2019 and meets the 85% requirement set by the Charter.
Number of registered electors using the revised district map:
District 1 District 2 District 3 District 4 District 5 District 6 Registered 3,500 3,382 3,394 3,711 3,579 3,735 Electors
The largest district in the revised map is District 6; which provides for all districts to be in compliance with the Charter requirement.
The timeframe for redistricting is as follows: October 28, 2019 - 1st reading of redistricting ordinance November 25, 2019 - 2nd reading of redistricting ordinance December 9, 2109 - New districts in place ATTACHMENTS:
Current Voting Districts Ordinance 2019-1597
Page 45 of 62 Proposed Voting Districts
Page 46 of 62 SAN MIGUEL SA N MI
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ED UNNAME D UNNA M 34 BY P OTA H LA KOTA CT UNNA ED UNION UNION ST W 21ST ST 21ST UNNAMED Q UIN ALGONQUIN DR E RD AP RONA LD REAGAN BLVD RONALD REAGAN Sources: Esri, USGS, NOAA
This map was created for illustrative purposes only. Any repercussions from the misuse or misrepresentation Voting Districts of this map or its contents, whether intentional or not, are the sole responsibility of the user.
District 1 District 2 District 3 District 4 District 5 District 6 Updated: 9/4/2019 Updated by: mmenand Miles Created: 11/15/2013 0 0.25 0.5 1 Page 47 of 62Created by: stometich 1:16,000 " File: VotingDistricts(34x44-P) TOWN OF WINDSOR
ORDINANCE NO. 2019- 1597
AN ORDINANCE PURSUANT TO SECTION 3.1 OF THE TOWN OF WINDSOR HOME RULE CHARTER APPROVING A REVISION TO THE BOUNDARIES OF MUNICIPAL ELECTION DISTRICTS WITHIN THE TOWN OF WINDSOR, COLORADO
WHEREAS, the Town of Windsor (hereinafter, “Town”) is a home rule municipality, with all powers and authority as provided under Colorado law; and
WHEREAS, effective in 2008 and pursuant to the directives of Section 3.1 of the Windsor Home Rule Charter, a citizen committee established six (6) contiguous voting districts that elect each of the six (6) non-mayoral Town Board Members; and
WHEREAS, Section 3.1 of the Windsor Home Rule Charter requires that, in advance of each municipal election, the Town Clerk shall determine whether the number of registered voters within the election district with the least registered voters is within fifteen percent (15%) of the election district with the most registered voters; and
WHEREAS, the Town Clerk has completed the comparative analysis required, and recommends an adjustment of the district boundaries to equalize and balance the number of registered voters within all six districts to meet the requirements of Section 3.1 of the Windsor Home Rule Charter; and
WHEREAS, the last re-districting occurred six (6) years ago, in Ordinance No. 2013-1463; and
WHEREAS, the Town Clerk’s voting district recommendations are depicted within the attached Exhibit A, a map entitled “Voting Districts, Effective April, 2020”, which is incorporated herein by reference as if set forth fully; and
WHEREAS, pursuant to the legislative powers vested in it, the Town Board wishes to approve the revised voting districts depicted in Exhibit A for use in all municipal elections commencing in April, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS:
1. The attached Exhibit A is hereby adopted and approved as the Official Voting District Map for the Town of Windsor, Colorado.
2. The Town Clerk is directed to obtain a detailed and specific description which verbally plots every voting district line contained within Exhibit A, shall retain copies for distribution to the public, and shall keep this description on file for reference purposes.
Page 48 of 62 3. The voting districts approved herein shall remain in effect until such time as the provisions and terms of the Home Rule Charter require re-districting.
Introduced, passed on first reading, and ordered published this 28th day of October, 2019.
TOWN OF WINDSOR, COLORADO
By______Kristie Melendez, Mayor ATTEST:
______Krystal Eucker, Town Clerk
Introduced, passed on second reading, and ordered published this 25th day of November, 2019.
TOWN OF WINDSOR, COLORADO
By______Kristie Melendez, Mayor ATTEST:
______Krystal Eucker, Town Clerk
2 Page 49 of 62 78
CORTEZ
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ROW AY ON SEED TERCR Updated: 10/24/2019 Updated by: stometich 20C Created: 11/15/2013 Created by: stometich File: VotingDistricts(24x30-P) Page 50 of 62 Sources: Esri, USGS, NOAA MEMORANDUM
Date: October 28, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Eric Lucas, Director of Parks, Recreation & Culture Re: Ordinance Repealing Sunset Provision Concerning Alcohol Consumption in Public Parks Item #: C.6.
Background / Discussion: On November 26, 2018, the Town Board passed ordinance No. 2018 - 1575 which addressed public consumption of alcohol within the Town and public parks. This occurred due to amendments to the Colorado Revised Statutes which eliminated 3.2% alcohol beverages as a licensed classification and the availability of 3.2 beer.
The aforementioned ordinance, permits beer and wine in all parks with the exception of Chimney Park unless authorized by a special event license or other local licensing authority. The Ordinance included a sunset clause of one (1) year. The intent of the sunset clause was to force a review of the policy and enable staff and Town Board to make changes if needed based upon any issues that may arise. Staff was directed to prepare the following information to aid in making a decision as to whether the ordinance should be modified in any way.
Recreation staff will add a self-reporting box on all special events, park and pavilion rentals to track usage of alcohol in parks.
Recreation staff will track and compare beer garden sales from 2018 events against 2019 events for comparison and analysis.
Police department will track and compare crime statistics for 2019 and compare against previous years.
As we near the end of 2019, staff has compiled the requested data (see below), in an effort to make an informed decision.
Recreation staff will add a self-reporting box on all special events, park and pavilion rentals to track usage of alcohol in parks. (We had 445 rentals with 45 self reporting the use of alcohol).
Recreation staff will track and compare beer garden sales from 2018 events against 2019 events for comparison and analysis. (Beer garden sales from 2018 were $11,750 and in 2019 they were $10,616. 2019 had one less concert, so when staff examined sales on a average concert basis 2018 concerts averaged $15 more that 2019 concerts).
Police department will track and compare crime statistics for 2019 and compare against previous years. (The Police Department reported no significant issue or change in crime statistics between 2018 and 2019).
In conclusion, staff from both the Police and Parks, Recreation & Culture Department saw no significant issues with the new ordinance.
Financial Impact: No financial impact is expected if ordinance is adopted.
Recommendation: Given the fact that no significant issues were encountered by the Police or Parks, Recreation & Culture Department given the change in ordinance, staff recommends the repeal of the sunset provision in the current ordinance.
Page 51 of 62 ATTACHMENTS:
Ordinance Repealing Sunset Provision for Public Consumption of Alcohol in Public Parks
Page 52 of 62
TOWN OF WINDSOR ORDINANCE NO. 2019–
AN ORDINANCE REPEALING SUBSECTION (b) OF SECTION 10-11-20 OF THE WINDSOR MUNICIPAL CODE CONCERNING THE PUBLIC CONSUMPTION OF ALCOHOL WITHIN PUBLIC PARKS IN THE TOWN OF WINDSOR
WHEREAS, the Town of Windsor (“Town”) is a Colorado home rule municipality, with all powers and authority vested under Colorado law; and
WHEREAS, Town adopted Ordinance No. 2018-1575 last year addressing the public consumption of alcohol within the Town and Public Parks; and
WHEREAS, a sunset provision was incorporated into the Consumption of Alcohol Within Public Parks, Section 10-11-20(b), automatically repealing on December 31, 2019 unless extended by prior official action of the Windsor Town Board; and
WHEREAS, both the Police Department and the Parks Department report there were no additional issues with the allowance of full-strength beer and wine within the parks this past year; and
WHEREAS, to continue to allow the consumption and possession of alcoholic beverages in public parks, the Town desires to repeal subsection (b), eliminating the sunset clause; and
WHEREAS, the Town Board finds that repealing the sunset provision will not affect the public health, safety and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS:
Section 1. Section 10-11-20 (b) of the Windsor Municipal Code is hereby repealed, and Section 10-11-20 shall read as follows:
ARTICLE XI – PUBLIC CONSUMPTION OF ALCOHOL
Sec. 10-11-20. Consumption and Possession of Alcoholic Beverages in Public Parks.
(a) Beer and Wine in Town Parks, Limitations. The consumption of fermented malt beverages (beer) and vinous liquors (wine) within Town-owned community parks and Town-owned neighborhood parks shall be permitted, subject to the following limitations:
(1) There shall be no consumption and possession of alcoholic beverages in the Town’s Chimney Park, unless in accordance with a special event permit or liquor license that has been lawfully issued for the sale and consumption of alcohol beverages in the Town’s Chimney Park.
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(2) Notwithstanding the issuance of a valid special event permit, no alcohol beverage shall be dispensed in glass containers or consumed from glass containers.
Introduced, passed on first reading, and ordered published this day of , 2019.
TOWN OF WINDSOR, COLORADO
By______Kristie Melendez, Mayor ATTEST:
______Krystal Eucker, Town Clerk
Introduced, passed on second reading, and ordered published this day of , 2019.
TOWN OF WINDSOR, COLORADO
By______Kristie Melendez, Mayor ATTEST:
______Krystal Eucker, Town Clerk
Page 54 of 62 MEMORANDUM
Date: October 28, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Stacy Miller, Director of Economic Development Re: Economic Development Update Item #: C.7.
Background / Discussion: Staff Presentation Stacy Miller, Director of Economic Development ATTACHMENTS:
Economic Development Presentation
Page 55 of 62 Economic Development Report to Town Board October 28, 2019
Page 56 of 62 Groundbreakings/Openings: Intersand Inta Juice CPP Wind
Meeting & Conferences
CREW Conference Small Business Development Center – Women’s Conference EDCC Conference Talent 2.0 Conference Larimer County Workforce Conference Economic SMPS Prospect Visits – 6 companies Development Activity
Page 57 of 62 53 company visits in 2019
Business Jill is currently Retention & working on 5 Expansion expansion
Page 58 of 62 Economic Incentive Fund
2019 Company Amount Kana Hotel Group $54,422.56 2019 TOTAL $54,422.56
2020 Company Amount Earth X Batteries $8,223.35 DaVinci Signs $40,004.00 Bobcat of the Rockies $79,154.54 Intersand $22,795.47 2020 TOTAL $150,177.36
Page 59 of 62 Thank you
Questions?
Page 60 of 62 MEMORANDUM
Date: October 28, 2019 To: Mayor and Town Board Via: Shane Hale, Town Manager From: Rick Klimek, Chief of Police Re: Windsor Police Department September 2019 Statistical Report Item #: 2.a. ATTACHMENTS:
Windsor PD September 2019 Statistics
Page 61 of 62 September 2019 2019 YTD 2018 YTD Group A Crime Reports
Homicide 0 0 0 Sexual Assault 2 22 23 Aggravated Assault 0 14 13 Burglary 3 22 33 Theft 25 172 147 Robbery 1 2 1 Motor Vehicle Theft 1 16 17 Arson 1 1 5
Group B Crime Reports
Simple Assault 14 74 75 Controlled Substance 10 109 94 Domestic Violence 9 75 46 Fraud/Forgery 8 94 90 Vehicle Trespass 3 35 67
Quality of Life
Municipal Code Violations 74 1135 1199 Animal Related Violations 120 945 837 Municipal Code Warnings 70 802 925 Mental Health Related 3 52 46
Other Total Activities (CFS and SI) 1916 18226 17382 Total Arrests (including Criminal Citations) 65 461 417 Total Traffic Accidents 44 478 417 Total Traffic Stops 466 5447 4825 Total DUI 9 53 55 Citations/Warnings Total Traffic Citations 163 1538 1465 Total Traffic Warnings 7 84 333 Criminal 42 245 223 County Traffic 69 564 560 Muni. Traffic 94 976 907 Muni. Ordinance 34 354 395 Parking 53 401 544
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