MINUTES-AUGUST 19TH(99) - Town of Eaton



MINUTESFebruary 21, 2019A regularly scheduled meeting of the Town Board was held on February 21, 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, Isbell, Ledall, Rohn and Mayor Ross. Attorney Rocklin was also present. Trustee Winter was absent. Item 2 – Review of the Minutes of the January 17th meeting. Trustee Ledall moved to approve the January 17th minutes as written, seconded by Trustee Gentry. Motion carried 5-0. Item 3 – Resolution 2019-03: Governor’s Crossing PUD Final Development Approval. Gary opened up the discussion by asking the board if they received their packets and they responded yes. The Planning Commission has been working on this development for 3 to 4 sessions, with the last session being held on January 10, 2019, the minutes are included in the packets. The Planning Commissioners are recommending the approval for the development. Kevin Pagel; Pagel Contracting, Eric Warnsman; Warnsman Engineering & Land Development and Robert Malloy; Landscape Architect gave their presentation of the development to the board. Kevin stated that there was one modification to the 8 – plexes and gave a hand out. There are 76 total units; 4 – 8 plexes are apartments or condos, 1 – 4 plex and 8 – 5 plexes are townhomes with basements. The units will run from 1,397 to 1,540 in square feet, combination of 2 to 3 bedrooms. The Westward Way road will go out to CR 74 and then there will be a loop through the rest of the subdivision. Robert stated that the last modification was an orientation of the 8 – plexes to be turned 90 degrees with doors and stairwell facing the parking area and with the footprint being smaller, there is now about 3,300 square feet of grassy area or open space between the buildings. Eric discussed the traffic count study which was revised to the current counts that the Town had and the result was the same. Weld County’s traffic count numbers were from June 2017 and the Town’s numbers were done in October 2018 and the Town’s count was only 200 higher than the County’s counts. Kevin stated that he received his appraisal today, the price of the smallest units, 1,397 square foot appraised for $305,000 and the larger units, 1,550 square foot were appraised at $315,000. In Kevin’s opinion, on the home values in this area, the values are up to interpretation and opinion. There was the same discussion when Corie built his subdivision, there were a lot of people complaining about home values and actually had the same questions then as now. Now, Kevin is competing with Corie and the product he provided in his subdivision that is different than Governor’s Ranch. They are two different products but the square footage cost on everything is going up and as those houses sell for x-amount of dollars per square foot, it will bring the current homes value up also. Kevin doesn’t believe that his development will affect the higher priced homes in Governor’s Ranch. The square footage cost on everything is going up, which will bring the value up and since all values are comped accordingly, to the square footage cost. The time frame is to turn dirt in May, get the infrastructure in through the summer which consists of water, sewer, electric and gas, and building should start in the fall/winter. If sales are good, Pagel hopes to be done in a couple of years. He will start with a small phase with the street to the north. He has not started marketing yet, but has had a couple of verbal commitments. There is a lot of interest in the units, from relators and people wanting to purchase as an investment. The covenant is not written to say the purchaser has to live in the unit. Eric stated that they were not required to do a flow study, however they are going to do an 8” loop system that connects to the 12” water line in CR 74. The northeast corner has been fixed so the trash trucks can get in to pick up the trash containers. Pagel Contracting is building in Loveland, Weld County and Eaton, along with projects outside of Eaton and Gill. The floor was opened for Public Comment. Todd Bean of 1695 Colorado Parkway, spoke about the huge hurdles in the water industry with some projects and plans changing. There are $500,000 to $900,000 dollar homes over there that will affect the property value. I am a property rights person and want things done responsibly. My concern is this high density will be that they will all turn into rentals with revolving doors. For himself, the water shuts off for 3 to 7 seconds with just a trickle and then back on with no other water running and no one else in the home, referring to the potable water and shower. On the non-potable, he just learned about this so he doesn’t know what has been talked about before, but he owns two houses in Governor’s Ranch and there is some abuse on those wells. In 2002, the wells sucked air, meaning no water. He has watched the ground water drop 5 to 6 feet recently in the last couple years. Colorado River basin has been in a drought, hasn’t been that dry for 1,200 years, they are very close to calling a compact over there, to keep our CBT water over there. They have noticed that all the municipalities have disaster plans ready to go, we are not there but three feet in elevation at Lake Mead out in Las Vegas from them keeping our CBT water over there on the other side of the hill. Recent sales of CBT water is $40,000/unit confirmed and North Poudre is probably at $130,000. These things are coming with a lot of cost here for houses built and a lot of cost to infrastructure projects. He has a development MINUTES CONT. – February 21, 2019 - PAGE 2over in Severance. There is just a lot of concern with everything and just don’t want a lot of rentals because it would not be good for the whole community. Jeff Schreier will look into the water flow rates, concerning to the Town if residents are having issues with their potable water. Jeff will contact the Town Engineer to discuss, but as Gary pointed out, it should be one of the higher pressure spots because the line is coming from the west. Mr. Bean stated that the pressure issue is at random times during the day. Another question was brought up as to why there were no studies done for the water and Gary responded that all studies have been done. Mr. Bean asked the Board to table until the next meeting. Concluding discussion Trustee Rohn moved to approve the resolution, seconded by Trustee Heid. Trustee Isbell brought up the concern about the potable water and the fact that a resident has brought this problem to us, so maybe we need to look into this. The Eaton Fire Department did a flow test and it passed. Trustee Ledall wanted clarification on the dates of the traffic studies, safety is a concern, particularly because it is CR 74 and what is headed into the development, so that intersection is going to have high visibility, the traffic study meets the requirements but if we continue to grow and develop, at some point in the future we may be faced with challenges in that intersection, not concerned with the development but when you add tall buildings in that intersection it is difficult to see, concerned about the safety for that intersection. Mayor Ross requested a roll call per vote as yes or no from Clerk Winter. Roll call and votes as follows: Trustee Heid – Yes; Trustee Gentry – No; Trustee Isbell – Yes; Trustee Ledall – No; Trustee Rohn – Yes. Trustee Winter, absent. Motion carried 3-2. Item 4 – Ordinance No. 591-regarding Chap. VIII of Municipal Code to include Sec. VI concerning liquor license. Concluding second reading, questions and discussion of Ordinance No. 591, amending Chapter VIII of Eaton Municipal Code to include Section VI concerning liquor licensing, establishing liquor licensing regulations and assigning administrative functions to the Town Clerk, Trustee Isbell moved to adopt, seconded by Trustee Heid. Motion carried 5-0. Item 5 – Ordinance No. 592-regarding Sec. I of Chap. V of Municipal Code concerning Municipal Judge. Concluding second reading, questions and discussion of Ordinance No. 592, amending Section I of Chapter V of the Eaton Municipal Code concerning appointment of a Municipal Judge and related provisions, Trustee Heid moved to adopt, seconded by Trustee Ledall. Motion carried 5-0. Item 6 – Ordinance No. 593-regarding Sec. 15-2-6 of Municipal Code concerning Inoperable Vehicles. Jeff discussed the concerns regarding residents that keep inoperable vehicles on the roadway and to give the police a defined clarification to get those inoperable vehicles off the street. Concluding first reading, questions and discussion of Ordinance No. 593, amending Section 15-2-6 of Eaton Municipal Code concerning presumptions related to inoperable vehicles, Trustee Isbell moved to adopt, seconded by Trustee Gentry. Motion carried 5-0.Item 7 – Resolution 2019-02: Special Election on Senate Bill 152. Concluding discussion Trustee Rohn moved to approve the resolution, seconded by Trustee Heid. Mayor Ross discussed that this resolution will give the town the authority to negotiate or deal with possible high speed internet service providers coming into the community, the town is not looking to be in the ISP business, we are simply trying to get back our rights that the CO State government took from us back in the early 2000. Motion carried 5-0. Item 8 – Steven’s Grill-liquor license renewal. The board received a request for renewal of the liquor license at Steven’s Grill. Chief Mueller reported on a few items; state liquor did an investigation about a tip of illegal gaming at the establishment, found no illegal gaming but the state did find a violation and reported the violation to Town Hall. Another incident, last year there was a domestic issue, arrest and an injury to an officer and reckless ramming of vehicles on the street. Attorney Rocklin and Clerk Winter report all paperwork appears to be in order. Clerk Winter discussed the violation that resulted in the completion of a Modification of License application, which included a map of the basement at Steven’s Grill where he is storing liquor and beer. The completed application was mailed to the State with the modification fee. Concluding questions and discussion Trustee Gentry moved to approve the request for renewal, seconded by Trustee Isbell. Motion carried 5-0.MINUTES CONT. – February 21, 2019 - PAGE 3Item 9 – Planning Agreement with Weld County. Gary reported about expanding our comprehensive plan area as well as urban growth area with before and after maps. He talked with Weld County and they want us to sign an updated agreement. Avi has issues with one unrealistic provision that requires that if there is a potential development outside of the town boundary, they would notify the town and the town would have 21 days to enter into a pre-annexation agreement with the potential property owner. The 21 days is not realistic. More significantly, the Weld County code on line shows a version of a Coordinated Planning agreement that the Town and County had executed in 1999 which was more favorable than what is offered now. So there are more questions to be asked of the County, why this agreement is more limiting? This agreement is tabled for this time until Avi gets more information. Item 10 – Town Administrator Performance Evaluation Discussion. Jeff contacted Ginger, a third party consultant on performance evaluations and the cost will be $1,500 per evaluation or go with a self-guided process. Trustee Heid suggested that we use Ginger for the first evaluation and then based off the first evaluation decide where we go from there. The board agrees to go with a third party consultant and Jeff will contact Ginger tomorrow about the decision to use her as a consultant. Item 11 – Citizen comments/questions. Jason Brancel, CEO of Agfinity gave a brief introduction and speculation of the potential office relocation and wants to engage with everyone in the community of the future plans. Agfinity unlocks a door in 7 communities with 88 employees in Eaton. Agfinity’s involvement in the Eaton community includes the Feed & Grain operation, Agronomy operation, the Cenex Branded Convenience Store with McDonalds and ownership of Heritage Market property and the vacant property adjacent to that and with these assets, Agfinity pays approximately $370,000 in property tax each year. One of the best kept secrets is how Agfinity has been fully engaged in helping build the community of Eaton since 1905, for 114 years. No final decision has been made for the move yet.Item 12 – Reports.Trustee Ledall provided an update on the following:MPO held their monthly meeting, Town of Eaton hosted at the EAPRD on February 7th, and the attendees were very impressed with the Recreation Center and had a very positive meeting.Trustee Heid provided an update on the following:Great Western Trail had a work section with WC Commissioners on a new IGA and on the WC plan/budget to start contribution in 2020 of $10,000/year for maintenance on the trail. NOCO Ped & Bike meeting will have classes on “How to Host a Ride or Walk” on the trail between Eaton and Windsor.Met with American Society of Civil Engineers (ASCE) last Friday at the corner of Cheyenne and Fifth Street about building a park. The ASCE conducts volunteer projects which this park project is in the running for. There was discussion about vision of the park and the fences and a business that are encroaching on GWT land or right of ways.Chief Mueller provided an update of activities in the police department as follows:April 27th Drug Take Back at Heritage Market.Click It or Ticket grant for May 20th through June 2nd.Eaton Community is the 4th safest town in the state.Eaton Police received an audit from the First Amendment Group on February 12th, can be seen on You Tube.Officer Daigle has been accepted to Basic Investigation School in Boulder County in May. Crime blotter of stolen vehicles; 2/17 at Collins & Oak and 2/19 at Hwy 85 & CR 39.Assisting the FBI with burglars happening at Asian Restaurants.Jeff provided an update on the following:Home Town Revitalization survey, approximately 300 responses between paper & email.Submitted grant for Early Learning park site, will continue to work with Chad from Northern Water and Jerry Nelson on the park concept. MINUTES CONT. – February 21, 2019 - PAGE 4Met with Nickel Road, an oil & gas company out of Denver about the drilling that is to take place on the east side of the cemetery. Nickel Road presented drawings to minimize the impact, first phase will have the usual high walls and the second phase will have a short fence and trees. The Mayor spoke to the property owners and they are going to put in a water line to water the trees.Spring Clean Up will be April 13th.Gary discussed on the following:NISP Project-there have been two components which is the ditch companies, New Cache, gave 95% approval with the concept last month and Larimer/Weld is still working on the concept. Gary would like to complete this project to the end of 2019 with the monthly meetings and asks for reimbursement for mileage and phone bill or/and other expenses, agreed by the entire board.Water Treatment Plant Property-all has agreed on the IGA and the attorney for Windsor is working on the purchase agreement.Northern Colorado Disposal-the owner, Don is retiring and has sold his business to Waste Management. The contract runs until August, so we can decide how the new provider is working or end the contract in 2019 or 2020.Trustee Rohn provided an update on the EAPRD as follows:3,043 current enrollment, Daddy/Daughter dance has 170 participants scheduled for February 22nd, 9-Health Fair will be April 6th, PDC Energy donated $13,500 which will be used in the construction of a batting cage at the baseball fields.Trustee Lanie reported as follows:Home Town Revitalization survey responses were fantastic and they will focus on the beautification projects and events first, and tackle the rest later.Mayor Ross provided an update on the following:MPO meeting on February 7th, the speaker, Mr. Decker from Air Quality Control Division gave a presentation and then there was a discussion about the state, passing a low emission mandate last fall and now a zero mandate which models that of CA, which refers to electric vehicles. There was a call for projects with CR 33/CR 74 and CR 31/CR 74 for round-abouts.Railroad is working on the 5th Street crossing. CML Conference is June 18th thru the 20th. The regular scheduled board meeting of June 20th needs to rescheduled to June 13th, following discussion Lanie moved to change the June 20th Board Meeting to June 13th, seconded by Trustee Heid. Motion carried 5-0. An open house retirement party is scheduled for Gary Carsten on March 29th , at 5:00 pm at EAPRD. Item 13 – Adjourn. As there was no further business the meeting was adjourned at 8:36 p.m. Margaret Jane Winter, Town Clerk ................
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