November 13, 2017 // 7:00 p.m. // Town Board Chambers 301 Walnut Street, Windsor, CO MINUTES. 1. Roll Call Mayor Kristie Melendez

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1 TOWN BOARD REGULAR MEETING November 13, 2017 // 7:00 p.m. // Town Board Chambers 301 Walnut Street, Windsor, CO MINUTES A. CALL TO ORDER Mayor Melendez called the meeting to order at 7:13 p.m. 1. Roll Call Mayor Kristie Melendez Mayor Pro Tem Myles Baker Cindy Scheuerman Ken Bennett Paul Rennemeyer Ivan Adams Town Manager Town Attorney Assistant Town Attorney Communications/Assistant to Town Manager Town Clerk/Assistant to Town Manager Director of Finance Director of Parks, Recreation and Culture Director of Engineering Director of Planning Senior Planner Deputy Town Clerk Kelly Arnold Ian McCargar Kim Emil Kelly Houghteling Patti Garcia Dean Moyer Eric Lucas Dennis Wagner Scott Ballstadt Paul Hornbeck Krystal Eucker 2. Pledge of Allegiance Town Board Member Scheuerman led the pledge of allegiance. 3. Proclamation Small Business Saturday Mayor Melendez read the Small Business Saturday Proclamation. 4. Review of Agenda by the Board and Addition of Items of New Business to the Agenda for Consideration by the Board Town Board Member Rennemeyer moved to approve the agenda as amended; Town Board Member Bennett seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. Mr. McCargar made a suggestion to the Town Board to take an item out of order and a motion will be needed to do so. The applicant for items C.5 and C.6, Eagle Crossing rezone application has requested the matter be postponed to a date certain of November 27, Town Board Member Bennett moved to move items C.5 and C.6 to the top of the action items; Town Board Member Rennemeyer seconded the motion. Roll

2 call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. Town Board Member Bennett moved to postpone items C.5 and C.6 to a date certain, November 27, 2017; Town Board Member Adams seconded the motion. Mr. Tom Siegel addressed the Town Board and informed them that the reason for the request to postpone the hearing is due to a request received regarding the Fossil Ridge Development and learning more about that development. Mr. Siegel is not opposed to scheduling to a date past November 27, The individuals below made comments to the Town Board regarding the motion to postpone items C.5 and C.6. Hardy Massoudi, 7004 Ruidoso Drive, Windsor, CO inquired as to how many times an applicant can ask for a postponement as this is the second time. Mr. McCargar stated this is the first that this item has been postponed as there was a separate application that was previously withdrawn Todd Geatches, 7039 Ruidoso Drive, Windsor, CO Colin Sanders, 7035 Ruidoso Drive, Windsor, CO Mike Kimiecik, 7044 Ruidoso Drive, Windsor, CO Kim Davey, 8795 Longs Peak Circle, Windsor, CO Pat Davey, 8795 Longs Peak Circle, Windsor, CO Gloria Belden, P.O. Box 323, Windsor, CO Christopher Fair, 7038 Aladar, Drive, Windsor, CO Jr. Boyle, 7402 Ladbroke Drive, Windsor, CO Gary Lemay, 5514 Fairmount Drive, Windsor, CO Chris Payne, 7039 Aladar Drive, Windsor, CO Comments of the citizens regarding the motion for postponement include: Citizens had concerns of having the hearing postponed to a Monday following the holiday weekend as some may not be able to attend and feel that it is a ploy on the developers part. Citizens requested the public hearing not be postponed. Citizens suggested moving the date until after the holidays. Citizens are frustrated that this has been postponed a second time. Roll call on the vote resulted as follows: Yeas Rennemeyer; Nays- Baker, Scheuerman, Bennett, Adams, Melendez ; Motion failed. Town Board Member Scheuerman moved to postpone items C.5 and C.6 to a date certain, December 11, 2017; Town Board Member Bennett seconded the motion. Roll call on the vote resulted as follows: Yeas Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays Baker; Motion passed. 5. Board Liaison Reports Mayor Pro Tem Baker Parks, Recreation & Culture Advisory Board; North Front Range/MPO alternate Page 2 of 18

3 Mayor Pro Tem Baker reported the Parks, Recreation and Culture Board was presented with a Jacoby Farm Master Plan update and a presentation on inclusive playgrounds. Town Board Member Scheuerman Water & Sewer Board; Clearview Library Board Town Board Member Scheuerman reported the Clearview Library Board reviewed and approved their budget. Per capita, the Clearview Library District offers about double the programs of what the state average is and about 50% more than what resort libraries offer on average. Town Board Member Bennett Planning Commission; Windsor Housing Authority Town Board Member Bennett reported the Planning Commission conducted a public hearing regarding item C.8 on this evenings agenda. Town Board Member Rennemeyer Historic Preservation Commission; Great Western Trail Authority; Chamber of Commerce Town Board Member Rennemeyer reported the Historic Preservation Commission met and discussed events coming in 2018 such as the Saving Places Conference. Another item discussed was creating a church walking tour in the downtown area. Mr. Rennemeyer reported the Chamber of Commerce reviewed the different events that the Chamber will be doing for local businesses in 2018 as well as the Chamber Dinner that was held. Mr. Rennemeyer reported the Great Western Trail Authority discussed the completion of the Trail from Severance to Eaton; item C.14 on this evenings agenda is in relation to completion of the trail. Town Board Member Adams Tree Board; Poudre River Trail Corridor Board Town Board Member Adams reported the Poudre River Trail Corridor Board is still looking for a manager and new interviews are being set up. Mayor Melendez Downtown Development Authority; North Front Range/MPO Mayor Melendez reported the North Front Range MPO will be meeting on December 7, 2017 and the Downtown Development Authority will be meeting on November 15, Public Invited to be Heard Mayor Melendez opened the meeting up for public comment. Lexie Thomas, 437 Bluegrass Court, Windsor, CO addressed the Town Board and inquired about getting a local tax exemption for women s products in Windsor. Mr. Arnold stated that could be discussed during a work session and would take an amendment to the code with a specific definition of a product. B. CONSENT CALENDAR 1. Minutes of the October 23, 2017 Regular Meeting and October 24, 2017 Special Meeting K. Eucker 2. Resolution No A Resolution Supporting Reauthorization by the General Assembly of the Colorado Lottery Division in 2018 I. McCargar 3. Resolution No A Resolution Approving and Accepting a Deed of Dedication for Right-of-Way and Easement rights from Imago Enterprises, Inc. for public use as a temporary and permanent right-of-way for storm drainage improvements pertaining to the WCR 13 Erosion Mitigation Project. Page 3 of 18

4 4. Resolution No A Resolution Approving A Stipulation Between The Town Of Windsor And Front Range Energy With Respect To A Matter Pending In The Weld County District Court, Water Division 1 I. McCargar 5. Resolution No A Resolution Approving the Terms of Representation Between the Town of Windsor and Butler Snow, LLP, with Respect to the Refunding of Bonded Indebtedness Associated with the Community Recreation Center Expansion. I. McCargar 6. Report of Bills October 2017 D. Moyer Town Board Member Adams moved to and approve as amended; Town Board Member Rennemeyer seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. C. BOARD ACTION 1. Outside Agency Funding Request Girl Scouts of America Staff Presentation: Eric Lucas, Director of Parks, Recreation & Culture Per Mr. Lucas, a local Windsor Girl Scout Troop has requested a fee reimbursement for use of a room at the Community Recreation Center on the following dates; due to construction at the High School their meeting room is currently unavailable. November 16th, 2017 December 7th, 2017 December 21st, 2017 January 11th, 2018 January 25th, 2018 February 1st, 2018 February 15th, 2018 March 1st, 2018 March 22nd, 2018 April 5th, 2018 April 19th, 2018 May 3rd, 2018 Beth McGrew, Girl Scout Troop Leader and Carol Ward, Girl Scout Troop Co-Leader stated they have been conducting their meetings at Windsor High School. Since construction has commenced there is currently no space to conduct meetings that are accessible to water and restrooms. Town Board Member Bennett moved to approve the Outside Agency Funding Request; Mayor Pro Tem Baker seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. 2. Ordinance No An Ordinance Annexing and Zoning Certain Territory known as the Diamond Valley Annexation to the Town of Windsor, Colorado Super-majority vote required for adoption on second reading second reading Second reading Legislative action Page 4 of 18

5 Staff presentation: Scott Ballstadt, Director of Planning Per Mr. Ballstadt, before the Board is an ordinance on second reading. The request has been reviewed in accordance with section of the municipal code. The site is approximately 65 acres on the north side of Eastman Park Drive and approximately one mile east of State Highway 257. A neighborhood meeting was held with one neighbor in attendance. Notifications were completed in accordance with the Municipal Code. Staff recommends approval of second reading. Once change that has been made since first reading is the addition of section 2 that identifies the zoning designation as heavy industrial. Staff requests the following be entered into the record: Application and supplemental materials Staff memorandum and supporting documents All testimony presented during the public hearing Recommendation Town Board Member Scheuerman moved to approve Ordinance No An Ordinance Annexing and Zoning Certain Territory known as the Diamond Valley Annexation to the Town of Windsor, Colorado; Town Board Member Rennemeyer seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. 3. Resolution No A Resolution Approving an Annexation Agreement Between the Town of Windsor and 7N, LLC, With Respect to the Diamond Valley Annexation to the Town of Windsor, and Authorizing the Mayor to Execute Same Legislative action Staff presentation: Ian D. McCargar, Town Attorney Per Mr. McCargar, Resolution No approves the Diamond Valley Annexation Agreement. This agreement has been negotiated in cooperation with the landowner, and contains terms acceptable to both parties. Many of these terms are either standard annexation requirements or are derived from a pre-annexation agreement reached with the landowner in Essentially, this agreement assures that future development of the property will be done in a manner that assures utility service, right-of-way dedication and safe access to the property from an improved intersection at Eastman Park Drive and a new street named Diamond Way Drive. Staff recommends approval of Resolution No Town Board Member Bennett moved to approve Resolution No ; Town Board Member Rennemeyer seconded the motion. Roll call on the vote Page 5 of 18

6 resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. 4. Resolution No A Resolution Approving and Accepting a Deed of Dedication For Right of Way for Roadway and Related Public Transportation Purposes With Respect to the Diamond Valley Annexation to the Town of Windsor, Colorado Legislative action Staff presentation: Ian D. McCargar, Town Attorney Per Mr. McCargar, in conjunction with the approval of the Diamond Valley Annexation and the related Annexation Agreement, the landowner has presented the attached Deed of Dedication for Right-of-Way. This right-of-way dedication covers the easterly half of the Diamond Way Drive alignment. The western half will be dedicated by a separate landowner as a condition of development approval for the westerly parcel. Town Board Member Rennemeyer moved to approve Resolution No ; Town Board Member Adams seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. 5. Public Hearing Ordinance No An Ordinance Rezoning Eagle Crossing Subdivision 2nd Filing Tract B, Eagle Crossing Subdivision 3rd Filing Tracts A and Tract B, and Fossil Ridge Subdivision 2nd Filing, Lot 4, Block 11 Tom Siegel, Eagle Crossing Windsor, LLC, applicant/ John Meyers, TST Inc. Consulting Engineers, applicant s representative Quasi-judicial Staff presentation: Paul Hornbeck, Senior Planner See agenda Item A Ordinance No An Ordinance Rezoning Eagle Crossing Subdivision 2nd Filing Tract B, Eagle Crossing Subdivision 3rd Filing Tracts A and Tract B, and Fossil Ridge Subdivision 2nd Filing, Lot 4, Block 11 Tom Siegel, Eagle Crossing Windsor, LLC, applicant/ John Meyers, TST Inc. Consulting Engineers, applicant s representative First Reading Quasi-judicial Staff presentation: Paul Hornbeck, Senior Planner See agenda Item A Resolution No A Resolution Ratifying, Approving and Confirming the Terms and Conditions of the Amended Master Plan for Great Western 2nd, 3rd and 4th Annexations Master Plan Robert Eck, Broe Land Acquisitions II, LLC applicant/josh Rowland, LAI Design Group, applicant s representative Quasi-judicial Staff presentation: Paul Hornbeck, Senior Planner Per Mr. Hornbeck, the applicant is proposing to amend an existing master plan known as the Great Western 2nd Annexation Master Page 6 of 18

7 The subject property is located east of SH 257 between Eastman Park Drive and Poudre Trail Drive. Adjacent uses/ zone districts are as follows: North - Various businesses/ General Commercial and Limited Industrial zoning East - Former Kodak campus/ unincorporated Weld County South - Town of Windsor property/ Recreation and Open Space zoning West - Valley Village/ General Commercial Single Family Homes/Residential Mixed Use zoning The existing site zoning is a mix of residential mixed use, general commercial and limited industrial. The purpose of this amended master plan is to modify the land uses that are depicted on the western portion of the master plan. The eastern portion of the master plan along Great Western Drive is not a part of the proposed amendment. The amendment would replace the uses allowed under the residential mixed use zone district as the primary land use with those allowed under the heavy industrial zone district. With the limited scope of residential uses proposed in the subject request, the park and school sites that were previously shown on the master plan have been eliminated. Also proposed as a means of giving the land owner greater flexibility for future development is the designation of certain parcels as either general commercial or multifamily as well as other parcels as either general commercial or limited industrial. The master plan and associated planned unit development address the proximity of the proposed heavy industrial to multifamily uses as well as to the State Highway 257 corridor by using limited industrial and/or general commercial as a buffer to those heavier industrial uses. The master plan before the Board would designate areas H, I and K as heavy industrial uses. The proposed design standards in the commercial corridor plan are proposed to be adopted as part of the planned unit development. The acreage devoted to different land uses in the 2006 Master Plan and in the proposed amendment is listed below: 2006 Master Plan Acres Proposed Amendment Acres General Commercial 67.5 General Commercial 49.5 Limited Industrial General Commercial or Limited Industrial 59.1 Residential Mixed General Commercial or Multifamily 37.2 Use Heavy Industrial 0 Heavy Industrial Open Space Open Space 89.5 School Site 11 School Site 0 Park Site 10 Park Site 0 A neighborhood meeting is not required in association with an amended Master Plan. However, a neighborhood meeting for the associated PUD rezoning was required. That meeting was held on December 22, 2015, at the Clearview Library in Windsor. Page 7 of 18

8 There were three neighbors in attendance. Please refer to agenda item C.2 C.3 enclosures for the meeting summary. The application is consistent with various goals of the Comprehensive Plan: At their October 18, 2017 meeting, Planning Commission forwarded to Town Board a recommendation of approval of the amended master plan subject to all outstanding Planning Commission and staff comments being addressed. Mr. Baker inquired if this is a better transition from the heavy industrial versus just having residential mixed use. Mr. Hornbeck stated the previous plan did have some buffers so it was not necessarily heavy industrial right up to residential; both ways have a transition. Industrial will be in closer proximity to the properties on the west side of State Highway 257. Mr. Adams inquired as to the reasoning the park and school sites were eliminated. Mr. Hornbeck stated when looking at the original proposed acreage of residential mixed use it was close to 390 acres and that is being reduced in this proposal to a maximum of 37 acres so the number of units has been decreased; the school district was not opposed to eliminating the school site. Ms. Melendez inquired as to the community meeting with three attendees and what their concern were. Mr. Hornbeck stated the meeting was approximately two years ago and there was not necessarily opposition as individuals wanted to know what was going on. Mr. Rennemeyer inquired as to the difference in acres from the 2006 master plan to this proposed master plan. Mr. Hornbeck stated that has to do with the land that was dedicated to the Town of Windsor. Mr. McCargar stated there was a donation of approximately 150 acres that the Town received about a year ago. Mr. Bob Eck addressed the Board and confirmed that roughly 150 acres was donated to the Town. Ms. Melendez inquired if there are any current heavy industrial uses in mind. Mr. Eric Halverson stated they are working with a couple prospects that are more R&D campus oriented type prospects still under code names. Eric Hobbs, 340 Whitney Bay, Windsor, CO stated his property back up directly to Highway 257. Mr. Hobbs stated when oil and gas operations were being done in the past he could feel it on his floors so he questions having heavy industrial that close to residential. Mr. Hobbs feels there should be more public opinion regarding this proposal. Town Board Member Scheuerman moved to approve Resolution No ; Town Board Member Bennett seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. Page 8 of 18

9 8. Public Hearing Ordinance No An Ordinance Pursuant to Chapter 16, Article XXIII of the Windsor Municipal Code Approving the Great Western 2nd Annexation Planned Unit Development within the Town of Windsor Robert Eck, Broe Land Acquisitions II, LLC applicant/josh Rowland, LAI Design Group, applicant s representative Quasi-judicial Staff presentation: Paul Hornbeck, Senior Planner Town Board Member Rennemeyer moved to open the public hearing; Town Board Bennett seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. Per Mr. Bennett, Madam Mayor, for the record, I would like to point out that in my capacity as Town Board liaison to the Planning Commission, I was present at the Planning Commission meeting during which this matter was previously presented. I wish to state that my participation in the Planning Commission proceedings has in no way influenced me in my capacity as a Town Board Member this evening. I will make my decision and cast my vote this evening based solely on the evidence presented during this public hearing. Per Mr. Hornbeck, the applicant is proposing to create a planned unit development (PUD) overlay district on approximately 601 acres known as Great Western Annexation 2nd PUD. In accordance with Article XXIII of Chapter 16 of the Municipal Code, the intent of PUD regulations is, among other things, intended to provide flexibility in land planning and development, resulting in amenable relationships between buildings and ancillary uses and permitting more intensive use of land where well-related open space and recreational facilities are integrated into the overall design. The existing zoning is residential mixed use as well as general commercial and limited industrial. The PUD plat document is similar to the master plan which breaks areas down by use. The subject rezoning application will create a PUD overlay district which constitutes an amendment to the Town s Official Zoning District Map and the minimum standards approved with the PUD will be applied to future land use applications within the PUD district. This PUD proposes variations to allowed uses, modifies building height regulations, limits outdoor storage, and applies the Commercial Corridor Plan to an area otherwise not subject to the Plan. The purpose of these changes is to provide greater flexibility in future development and to create greater compatibility between heavy industrial uses and both residential uses and the SH 257 corridor. This is consistent with the intent of PUD regulations which are intended to accomplish the purposes of public control to the same extent as do zoning and other regulations applicable to conventional lot-by-lot development, while simplifying, integrating and coordinating land development controls and providing necessary flexibility to encourage design innovation and creative community development. Included among the objectives that the PUD provisions are intended to further: To encourage unity and diversity in land development, resulting in convenient and harmonious groupings of uses, structures and common facilities, varied type, design and layout of housing and other buildings and appropriate relationships of open Page 9 of 18

10 spaces to intended uses and structures. Based upon the application materials, this PUD appears to further this objective. The applicant s representatives held a neighborhood meeting on December 22, 2015, at the Clearview Library in Windsor. There were three neighbors in attendance. Please refer to the enclosed meeting summary for topics discussed at the meeting. The application is consistent with various goals of the Comprehensive Plan as well as the Strategic Plan. Notifications were completed in accordance with the Municipal Code: At their October 18, 2017 meeting, Planning Commission forwarded to Town Board a recommendation of approval of the PUD overlay subject to all outstanding Planning Commission and staff comments being addressed. Staff requests the following be entered into the record: Application and supplemental materials Staff memorandum and supporting documents All testimony presented during the public hearing Recommendation Ms. Scheuerman inquired as to notifications and if that was only required as the initial PUD application. Mr. Hornbeck stated a neighborhood meeting occurs up front; typically when an application is received and the application was received in There were items that took some time to resolve since the neighborhood meeting. In addition to notifications for the neighborhood meeting, there were also notifications for the current public hearing and well as the Planning Commission meeting. Gloria Belden, P.O. Box 323, Windsor, CO stated she is very aware of the industrial issues and inquired if citizens are aware of the proposal to this day. Town Board Member Scheuerman moved to close the public hearing; Town Board Adams seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. 9. Ordinance No An Ordinance Pursuant to Chapter 16, Article XXIII of the Windsor Municipal Code Approving the Great Western 2nd Annexation Planned Unit Development within the Town of Windsor Robert Eck, Broe Land Acquisitions II, LLC applicant/josh Rowland, LAI Design Group, applicant s representative First Reading Quasi-judicial Staff presentation: Paul Hornbeck, Senior Planner Mr. Hornbeck had nothing further to add. Mr. Baker inquired if there will be public comment on second reading. Mr. McCargar stated there will be public comment. Page 10 of 18

11 Town Board Member Rennemeyer moved to approve Ordinance No An Ordinance Pursuant to Chapter 16, Article XXIII of the Windsor Municipal Code Approving the Great Western 2nd Annexation Planned Unit Development within the Town of Windsor; Town Board Member Scheuerman seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. 10. Public Hearing Ordinance No An Ordinance Of The Town Board Of The Town Of Windsor, Colorado, Approving The Amended And Restated Service Plan For The Brands East Metropolitan District Nos. 1-4 (formerly known as Eagle Crossing-Windsor Metropolitan District Nos. 1-4), And Authorizing The Execution Of An Amended And Restated Intergovernmental Agreement Between The Town And The Districts The Brands Metropolitan Districts, William T. Ankele, White Bear Ankele, et. al., applicant s representative Legislative action Staff presentation: Ian D. McCargar, Town Attorney/Carolyn Steffl, Special Counsel Town Board Member Bennett moved to open public hearing; Town Board Member Rennemeyer seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. Per Mr. McCargar, before the Board is a legislative public hearing that will provide information regarding an amendment to the service plan for metropolitan districts which is an existing district. The district previously was known as Eagle Crossing and is now renamed to The Brands East. The developer and the district had come up with a plan that takes into account the plans for The Brands East and to some extent The Brands West. Ms. Carolyn Steffl stated she has reviewed the draft amended and restated service plan submitted to the Town of Windsor by The Brands East Metropolitan District Nos. 1-4, formerly known as Eagle Crossing-Windsor Metropolitan District Nos The amended service plan would authorize the districts to fund additional public improvements by substantially increasing the debt limit. A new financial plan has been submitted, which adds sources of revenue to repay the debt; specifically, Credit PIF, Mandatory PIF, and sales tax rebates from the Business Assistance Agreement approved by the Town. The amended service plan was originally submitted to the Town on August 21, The first draft was reviewed and legal concerns were discussed with the attorneys for the Districts. In response to our comments, the Districts submitted a revised draft. Under the amended service plan, the maximum debt authorization would be changed from $15 million to $73 million. The first draft of the Amended Service Plan included a debt limit of $95 million but the Districts reduced the limit per comments from council. Even a limit of $73 million is very high, compared to the estimated costs of the public improvements. The preliminary infrastructure plan estimates the cost of the public improvements at $55.7 million which includes the full costs for construction of a gondola ($20 million). The districts plan to split the gondola costs with the other Brands districts (The Brands Metro Districts 1-4 and The Brands West Metro Districts 1-4), so the Windsor Page 11 of 18

12 districts will pay much less than $20 million for the gondola. For the remainder of the public improvements, the districts already added a 20% contingency to arrive at the estimate of $35.7 million. The districts attorney explained that the districts have asked for a debt limit of $73 million, in order to provide a contingency in case financing or project costs increase. The amended service plan deviates from the Town Code and model service plan, which state that properties within the Town should only be subject to special district taxes for debt for a maximum of 30 years. Instead, under the amended service plan, the districts can issue debt with a term of 30 years from the date of issuance (including issuance of refinancings), and new debt can be issued up until The financial plan shows that the district s plan to issue phased debt, so properties within the district could be subject to a debt mill levy for 50 years or more. The districts attorney explained there was no tax imposition limit in the original service plan and that such a limit is not needed because the districts will only include commercial development and the commercial owners and renters will not be concerned about the property tax time period. The Town Board can determine if a debt mill levy imposition term is needed. The districts propose that their debt will be paid by sales tax rebates / credit PIF and mandatory PIF revenue, in addition to taxes, which is a variance from Town policy that metro district debt will be primarily repaid through taxes. The Town Board has already approved the business assistance agreement, which sets forth the terms for such financing, and the developer intends to enter into an agreement with the districts regarding payment of such funds to the districts. The financial plan projects that sales taxes / PIF revenue will generate $2.5 to $5 million per year. The debt limitation is 39 mills although the Financial Plan is expecting to issue 30 mills of debt. The absorption scheduled with three phases of development that have been used in projecting the amount of mill levy that is going to be produced to repay that debt. Ms. Melendez inquired if the districts have the ability to repay the debt. Per Ms. Steffl; it does. Ms. Melendez inquired as to what the debt allotment is. Ms. Steffl stated the districts are projecting that there will be enough revenue generated to repay the $73 million. Mr. Baker inquired if there is a legal definition of a public improvement. Ms. Steffl stated one of the permitted uses of a special district is for transportation and a gondola would fit under the transportation classification. Mr. Baker inquired as to what other transportation powers are. Ms. Steffl stated it would be a light rail system, roads, buses, gondola and even bike trails. Mr. Baker inquired if the metro district is able to create a transportation system within their metro district. Per Ms. Steffl; yes. Mr. Bennett inquired as to who makes the decision on debt limit. Ms. Steffl stated it would be the metropolitan district; phased debts could be issued. Page 12 of 18

13 Mr. Bennett inquired as to who will be on the metropolitan district board to make the decisions to increase debt. Ms. Scheffel stated the directors could be any property owners within the district that own property in the individual capacity or anyone who resides in the district including renters. Mr. Bill Ankele addressed the Town Board and stated the metropolitan districts have been organized and been in existence since The significant change is to update the numbers. A project in 2014 was nothing like what The Brands East is and all of the costs estimates were based on a much smaller scale development. The primary driver of the amendment is there is not enough debt capacity in the existing approved service plan for The Brands East as well as to implement the terms of the business assistance agreement. Mr. Stewart Lowenstein provided a brief presentation to the Town Board. The business assistance agreement that was entered into earlier in 2017 was the tool that allowed for the neighborhood center within The Brands development. Ultimately the goal of the service plan will be the instrument that allows for the infrastructure costs to be put into the project such as the gondola, streets, sewer and all infrastructure needs for the neighborhood center. The Brands and The Brands East was versioned to be the neighborhood center anchored by grocery stores, liquor stores, restaurants and things of that nature. The gondola will be used to move individuals from one side of the development to the other. Gloria Belden, P.O. Box 323, Windsor, CO commented that this is a lot of debt and a lot of risk. Ms. Scheuerman inquired if the applicant would be agreeable to some sort of provision for alterations if there ends up being an owner occupied residential component. Mr. Ankele stated he is confident that some language could be worked out with staff to resolve that issue. Town Board Member Bennett moved to close the public hearing; Town Board Member Scheuerman seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. 11. Ordinance No An Ordinance Of The Town Board Of The Town Of Windsor, Colorado, Approving The Amended And Restated Service Plan For The Brands East Metropolitan District Nos. 1-4 (formerly known as Eagle Crossing- Windsor Metropolitan District Nos. 1-4), And Authorizing The Execution Of An Amended And Restated Intergovernmental Agreement Between The Town And The Districts The Brands Metropolitan Districts, William T. Ankele, White Bear Ankele, et. al., applicant s representative First Reading Legislative action Staff presentation: Ian D. McCargar, Town Attorney/Carolyn Steffl, Special Counsel Page 13 of 18

14 Mr. McCargar stated in speaking briefly with the applicant s representative, the suggestion is that the ordinance be approved on first reading as it appears in packet material with the understanding that on second reading, there will be a modification that speaks to accountability to residential owner/occupied properties. Mr. Bennett commented that he would like to see some requirements such as residents being on the board, elections to be better publicized and board meetings be held in Windsor for accessibility. Town Board Member Rennemeyer moved to approve Ordinance No An Ordinance Of The Town Board Of The Town Of Windsor, Colorado, Approving The Amended And Restated Service Plan For The Brands East Metropolitan District Nos. 1-4 (formerly known as Eagle Crossing-Windsor Metropolitan District Nos. 1-4), And Authorizing The Execution Of An Amended And Restated Intergovernmental Agreement Between The Town And The Districts; Town Board Member Scheuerman seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. 12. Site Plan Presentation Eagle Crossing Subdivision 2nd Filing Lot 2, Block 1 Danny Byerly, applicant/ Patricia Kroetch, North Star Design, Inc., applicant s representative Staff presentation: Paul Hornbeck, Senior Planner Per Mr. Hornbeck, the applicant is proposing a new site development in the Eagle Crossing Subdivision 2nd Filing. The site of the proposed Brands Liquor is located southeast of the intersection of Fairgrounds Avenue and Stallion Drive. The site is zoned general commercial (GC) and is located adjacent to other GC zoned properties. Overall development characteristics include: total lot area of 1.8.acres approximately 22% landscaped area a 20,000 square foot building 66 parking stalls Building characteristics include: predominant building material is split face CMU in earth tone colors building height of 27 a flat roof covered entry feature faux windows with display boards The current presentation is intended for Town Board s information. Should Town Board have any comments or concerns pertaining to this project, please refer such comments to staff during the presentation so that they may be addressed during staff s review of the project. Mr. David Byerly stated there will be security cameras inside and outside the building. Page 14 of 18

15 13. Resolution No A Resolution Initiating Annexation Proceedings for the Swanson Annexation to the Town of Windsor, Colorado, Jon Turner, North Windsor Holdings, LLC, applicant/ Kristen Turner, TB Group, applicant s representative Legislative Action Staff presentation: Paul Hornbeck, Senior Planner Per Mr. Hornbeck, the applicant has submitted a petition to annex approximately 28.9 acres to the Town of Windsor as general commercial (GC) and residential mixed use (RMU) zoned property. The purpose of this annexation is to annex Harmony Road right-of-way and assemble adjoining properties as a part of the proposed Rock Mountain Sports Park. Development of the Rocky Mountain Sports Park will require Master Plan approval by Town Board and administrative approval of a Qualified Commercial/Industrial Site Plan with presentations to Town Board and Planning Commission. In accordance with the Windsor Municipal Code and the Municipal Annexation Act of 1965, this resolution is required in order to initiate annexation proceedings. Additional Town Board meetings setting public hearing dates and conducting public hearings will be required as a part of the annexation. A neighborhood meeting will also be required, which will include notification to property owners within 300 feet. Staff recommends that the Town Board approve Resolution No as presented. Town Board Member Rennemeyer moved to approve Resolution , Town Board Member Bennett seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. 14. Resolution No A Resolution Authorizing a One-Time Contribution to the Great Western Trail Authority for the Purpose of Completing the Great Western Trail from the Town of Severance to the Town of Eaton. Legislative action Staff presentation: Eric Lucas, Director of Parks, Recreation & Culture Per Mr. Lucas, before the Board is a request from the Great Western Trail Authority for a one time cash match donation of $50,000. The Authority has requested the same funding from the Town of Severance and the Town of Eaton. Mr. Tom Jones, current Chair of the Great Western Trail Authority stated there was an opportunity to acquire a $415,000 grant in addition to the $550,000 grant that was acquired in The cash match needed for both these grants is $241,250, of which the Authority will have $100,000 available in early This leaves an additional $141,250 that will be needed to meet the match requirements. It is being required that the three member towns (who are actually the owners of the Great Western Trail) to make a one-time contribution of $50,000 each to meet this additional requirement. The $50,000 would be in addition to the regular $10,000 that each town currently provides annually for maintenance and operations of the trail. Severance and Eaton have verbally agreed to include $50,00 in their budget. Mr. Arnold stated this would come out of the 2018 budget. Page 15 of 18

16 Town Board Member Rennemeyer moved to approve Resolution No ; Town Board Member Adams seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. 15. Resolution No A Resolution Approving and Adopting an Amended Intergovernmental Agreement Between the Town of Windsor and the City of Greeley with Respect to Treated Water Service. Legislative action Staff presentation: Dennis Wagner, Director of Engineering Per Mr. Wagner, Windsor has an IGA with the City of Greeley for treating some of Windsor s water. The IGA was written in 1996 and runs for 25 years. There is a provision in the agreement that refers to a peaking factor (max day usage / average day usage) and that is used as a parameter in calculation of water rates. Windsor works to keep the peaking factor around 2.6. Windsor was informed this year that in 2016 that peaking factor went up to 4.3. With the peaking factor at 4.3, the 2018 treatment costs would increase approximately 20%. Discussion began with the City of Greeley regarding the IGA and possible amendments and extensions. Below are the proposed amendments: 1. Accounting for peaks in water demand is critical in designing treatment and transmission infrastructure and translates to higher costs to build that infrastructure. It is reasonable that an entity such as Greeley expects consumers to pay extra for periods of extra usage. However, sometimes those peak demand periods are short-lived and the overall system impact is relatively low. The amendment is intended to address those unanticipated and short-lived peaking errors. With the proposed IGA amendment those errors would result in a one-time penalty fee rather than a potentially longterm increase in treatment cost through inclusion in the annual rate calculation. 2. The System Development Charge is Greeley s terminology for purchasing treatment plant and transmission capacity. In the current IGA, Windsor can purchase additional capacity for $10,800 per acre foot. Based on Greeley s calculations, the current value of an acre foot of capacity is $26,087. The proposed amendment would make Windsor s cost to buy 1 acre-foot of capacity 75% of $26,087, in other words $19,565 per acre-foot. 3. The original 1996 IGA runs until 2021 (25 years), with automatic 10 year renewals unless terminated by either party. The proposed amendment similarly runs for 25 years starting upon ratification of the amendment with 10-year automatic renewals unless terminated by either party. However, the proposed amendment requires that the party wanting to terminate the agreement give the other party at least 10 years advance notice of the termination. The exception to the 10-year advance notice is for termination due to default by one of the parties. In that case, the non-defaulting party may give notice of termination to take effect in 30 days. Either party may then cure the default during those 30 days, in which case the agreement will remain in full force and effect. Page 16 of 18

17 The proposed amendment was discussed by the Windsor Water and Sewer Board on October 11th and was recommended for approval. Staff also recommends approval. Town Board Member Adams moved to approve Resolution No ; Town Board Member Rennemeyer seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. D. COMMUNICATIONS 1. Communications from the Town Attorney Mr. McCargar stated each year New Cache Irrigation Company sends a notice of the opportunity to participate in an off season leasing program known as the Cornish Plains Reservoir Program. Each time that has been offered, it has been referred to Mr. Grasmick to tell us if that makes sense and to reup that lease which was done for the Town and for Kern this year. It allows New Cache to negotiate the lease rates and the revenue that comes in is distributed among all the shareholders that opt into that program. That is both a Kern and Town of Windsor option that was exercised. There is an executive session scheduled for this evening. 2. Communications from Town Staff None 3. Communications from the Town Manager None 4. Communications from Town Board Members Ms. Melendez stated Coffee with the Mayor is November 25, 2017 from 7:30 a.m. 9:00 a.m. at Coffee House 29. E. EXECUTIVE SESSION An executive session pursuant to Colorado Revised Statutes (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 Windsor Mill and Elevator property redevelopment. (Kelly Arnold) Mr. Rennemeyer moved to go into executive session pursuant to Colorado Revised Statutes (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 Windsor Mill and Elevator property redevelopment; Town Board Member Bennett seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. Upon a motion duly made, the Town Board returned to the regular meeting at 11:20 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 11:20 p.m. Page 17 of 18

18 F. ADJOURN Town Board Member Rennemeyer moved to adjourn; Town Board Member Scheuerman seconded the motion. Roll call on the vote resulted as follows: Yeas Baker, Scheuerman, Bennett, Rennemeyer, Adams, Melendez; Nays- None; Motion passed. The meeting was adjourned at 11:20 p.m. Krystal Eucker, Deputy Town Board Page 18 of 18