MINUTES-AUGUST 19TH(99) - Colorado



town board MINUTESoctober 17, 2019A regularly scheduled meeting of the Town Board was held on October 17, 2019 at 7:00 p.m. in the Board Chambers located at 224 First Street.Item 1 – Roll call and Pledge of Allegiance. Those present and answering roll call: Trustees; Heid, Gentry, Ledall, Winter, Trustee/Mayor Pro Tem Isbell and Mayor Ross. Attorney Rocklin was also present. Trustee Rohn was absent. Item 2 – Review of the Minutes of the September 19th meeting. Trustee/Mayor Pro Tem Isbell moved to approve the September 19th minutes as written, seconded by Trustee Heid. Motion carried 5-0. Item 3 – Public Hearing for 513 Maple Avenue Variance Requesting a Duplex in an R-2 Zone. Planner Melanie Nieske with Baseline presented the background of 513 Maple Avenue. Ken & Jennifer Weigel, of NOCO Home Sale Solutions, LLC submitted a Variance for a Proposed Duplex. The property is zoned R-2 Lower Density Single-Family Residential District which is intended for single family dwelling units and two-family (duplex) residences in the same structure. This residential zone district allows for limited home-based businesses to help provide homeowners with additional economic means for maintaining permanent residency. Dimensional requirements in the R-2 zoning district require a minimum lot area per dwelling unit of 6,000 square feet. The property is 8,145 square feet in size and a duplex would require 12,000 square feet total, so it is 3,855 square feet smaller than what the R-2 District requires for the second unit now proposed on the property. Planner Nieske reviewed the staff report with reference to the process, regulations and criteria for the Board of Trustees to make a decision on the requested variance, along with a Staff Summary and Recommendations of denial or approval with conditions. Attorney Nate Godsey representing the applicants, Ken & Jennifer Weigel, approached the board to give a presentation. The Weigel’s are the sole owners of the LLC that own the property of 513 Maple Avenue and they also live in the community. This development is part of their retirement plan. Attorney Godsey showed a 1902 plat of the area with the main significance on the lots being very long and narrow which is the core of the issue. Most of the plots in the area contradict with the R-2 zoning since most of the properties do not qualify for duplexes. The Weigel’s had plans: A) refurbish the house for rent or sale but an engineer condemned do to structurally unsound; B) build a duplex; C) demolish house and start over. There are two floor plans with both plans having the main floor door face Maple Ave with side and front parking and basement having a back door entry and parking in back. Attorney Godsey concluded that the Weigel’s interest is to build the best building they can, that will serve as their retirement, and coincide with what is good for the Town with a beautiful cottage house that provides lower cost housing in accordance with the R-2 zone. Mrs. Weigel added that the house that was there, had been vacant for 3 years. Following discussion, Mayor Ross opened the floor to public comment, as there was none, public comment was closed. Concluding board discussion and questions, Trustee Winter made a motion to recommend denial of the requested Variance for NOCO Home Sale Solutions LLC located at 513 Maple Avenue, as that of the strict interpretation of the regulations and findings set forth in Section 7-2-43 h. of the Eaton zoning regulations would; provide a privilege to this property owner;affect the public health safety, or welfare of property owners in the area;not provide an impractical or physical hardship;provide an exception not enjoyed or allowed by all other property owners with R-2 zoning in Eaton; andthat the property owner is not deprived of any allowed use of the property. Allowance of one single family home on the lot that is 8,145 square feet in size is allowed,seconded by Trustee Ledall. Mayor Ross asked for further discussion from Trustees. Concluding discussion, Mayor Ross asked for a roll call vote per Trustee of Clerk Winter. Trustee Heid; Nay, Trustee Gentry; Aye, Trustee/Mayor Pro Tem Isbell; Aye, Trustee Ledall; Nay and Trustee Winter; Aye. Motion carried 3-2.Item 4 – Department of Local Affairs to present on Metropolitan Districts – Joe McConnell. Administrator Schreier stated that the Town has no Metro Districts at this time but do have a development in the pre-application stage that would like to use a Metro District with their development. The Town needs to know how to treat them in the future by allowing or restricting. Attorney Rocklin also stated that a work session would be needed if the Town decides to allow Metro Districts. Joe McConnell with DOLA presented an overview of Metropolitan Districts. It is a special district, a local government with a separate board than the municipality, an independent local government within your town boundaries. There are 4,000 local Metro Districts which outnumber the municipalities 7 to 1. There are annual notices to electors that says who is on the board, who is up for election, mill levy and service plan. They have an annual audit and budget, regular elections, subject to TABOR, open records and sunshine laws. Metro MINUTES CONT. – October 17, 2019 - PAGE 2Districts will provide at least two services and may charge a sales tax if providing fire protection or safety protection (not police). They can provide many services that a town provides. Fundamentally, a special district can charge rates, toll fees, levy taxes, enter contracts, incur debt and apply for grants. Once a special district is formed, they exist in perpetuity, even if all debt is cleared because they still provide services. The Town would need to decide what service plan that the special district will provide and the three most important things to consider for the service plan; 1) mill levy cap, 2) boundary change limitation and 3) an IGA to be in place until the Metro District gets organized. The Town should also have a policy or ordinance in place for special districts that include architectural designs and zoning. The Town Board and Planning Commissioner Jeff Payne asked questions and discussed Metro Districts. Mayor Ross called for a 5 minute recess, reconvened at 8:40 pm.Item 5 – Ordinance 601 – Update the Town’s Building Codes – First Reading – Kelly Dykstra with ProCode Inc. Administrator Schreier stated that the Town is looking to shift from the 2012 Codes to 2018 Codes. Kelly Dykstra with ProCode, Inc., handed out a code adoption sheet which gave key changes in building codes from 2012 to 2018, with the exceptions of the International Energy Conservation Code, 2012 Edition and the National Electric Code, 2017 Edition. The International Codes are developed and updated every three years and are known as code cycles. Following the presentation, Kelly stated that ProCode’s recommendation to the Town of Eaton is to move in the direction of adopting the 2018 Building Code Cycle as well as the 2012 International Energy Conservation Code. They will continue to work and communicate with staff, the Fire Department and the local building community to amend any conditions that not only remains consistent with surrounding jurisdictions, but what we would feel meets the needs of Eaton’s local conditions. Attorney Rocklin stated that we are not adopting the International Fire Code, 2018 Edition until the Fire Protection District makes their recommendations and changes for review at a later time. Concluding questions and discussion, Trustee/Mayor Pro Tem Isbell moved to approve Ordinance No. 601, Amending Section I of Chapter VI of the Eaton Municipal Code to Adopt: (1) The International Building Code, 2018 Edition; (2) The International Residential Code, 2018 Edition; (3) The International Mechanical Code, 2018 Edition; (4) The International Fuel Gas Code, 2018 Edition; (5) The International Plumbing Code, 2018 Edition; (6) The International Energy Conservation Code, 2012 Edition; (7) The International Property Maintenance Code, 2018 Edition; (8) The International Existing Building Code, 2018 Edition; (9) The National Electrical Code, 2017 Edition; and (10) The International Swimming Pool and Spa Code, 2018 Edition, seconded by Trustee Ledall. Motion carried 5-0.Item 6 – Planning & Zoning Code review Proposal – Baseline Engineering – Vince Harris. Administrator Schreier gave an overview of the Planning & Zoning Code proposal. Planner Harris stated that the Town’s codes are outdated and missing steps to have a balanced approach and will be a 5 to 6 month process. Concluding discussion and questions, Trustee Winter moved to accept Baseline Engineering Eaton Code Update General Scope of Work, seconded by Trustee Gentry. Motion carried 5-0.Direction from Board on Airbnb and Short-Term Rentals. Following discussion, Baseline will add this to their list of Planning & Zoning review to get a better definition and clarity on how these will be addressed. Item 7 – Downtown Parking Review – Baseline Engineering – Vince Harris. Planner Harris reviewed the project and requested a specific scope on parking with ADA compliance, drainage and landscaping. After discussion, the Board has decided to hold off on any direction until the Revitalization Committee can make a specific list and see what will be happening with the school district in a month. Item 8 – Discussion of New Oil and Gas Projects – Town Administrator. Administrator Schreier stated that Bayswater is drilling by the west water tank and there have been a lot of leases that the Town people have received which has led to the public asking the Town for advice on what they should do with their leases, would like the boards direction on how to handle the questions from the public. Following discussion, the sense of direction for the Town’s approach is for the individuals to seek their own council. MINUTES CONT. – October 17, 2019 - PAGE 3Item 9 – Resolution 2019-12 – Recognizing the Town’s Water Enterprise. Administrator Schreier said this resolution is to recognize that the Town’s water system has enterprise status under TABOR. Concluding discussion, Trustee/Mayor Pro Tem Isbell moved to approve Resolution 2019-12 Recognizing Municipal Water System Enterprise Status, seconded by Trustee Ledall. Motion carried 5-0. Item 10 – LiveWell’s Healthy Eating and Active Living Resolution Discussion – Liz Heid. Trustee Heid gave an overview of LiveWell Colorado HEAL Cities & Towns Campaign. This resolution is to promote healthy and well living and to have healthy life options. It would set guidelines such as sidewalks to be built for walk ability and bike ability or/and to address park’s connectivity, to be more than open spaces and retaining ponds, but to give more direction to new developments about what a park really is. There is no cost to become a part of this campaign but there are a lot of extra options for grant money. Following discussion, the Board gave direction to table this resolution until after the first of the year. Item 11 – Public Comments. Penny Gregory, 350 Birch Avenue, commented on the cost of the monthly fee of WM and the Town’s fee that had not been reported correctly on the social media. WM’s fee is $18.80 and the Town’s fee is $3.00, for a Trash Fee Total of $21.80. Item 12 – Staff Reports. See attached handout. Additions made to reports.Administrator Schreier: NISP finance, first installment will be all cash payment.Town Clerk Winter: Liquor License Renewal for D&J Maplewood Wine & Spirits, LLC.Trustee/Mayor Pro Tem Isbell: Farmers Market and High plains Library District Interviews.Mayor Ross: MPO, Eaton Memorial Park dedication and American Legion Post 26 celebrating 100 years.Item 13 – Adjourn. As there was no further business the meeting was adjourned at 10:11 p.m. Margaret Jane Winter, Town Clerk ................
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