MINUTES
JANUARY 21, 2010
         
A regularly scheduled meeting of the Town Board was held on January 21, 2010 at 7:00 p.m. in the Town Hall Auditorium.  
Item 1 – Roll callThose present and answering roll call: Trustees; Gustafson, Heaton, Loftis, Schnell, Thomas, Walker and Mayor Moser.  Absent: Attorney Anson.
Item 2 – Review the Minutes of the December 17th Meeting. Trustee Schnell moved the minutes of the December 17th meeting be approved as written, seconded by Trustee Thomas. Motion carried 6 – 0. Mayor Moser announced an addition to the agenda: Item 3A: Renewal of Beer & Wine License at Justines Pizza.
Item 3 – Proposed rezoning of a portion of the west side of the 100 block of Elm Avenue from C-2(Downtown Commercial) to R-2(Lower Density Residential). The proposed change of zoning includes 114, 118, 120, 126 and 130 Elm Avenue and 212 Second Street.  Trustee Thomas moved to open the public hearing on the rezoning, seconded by Trustee Loftis. Motion carried 6 – 0. Sue Ambrose, who resides at 121 Elm Avenue, asked what would happen to property values if the zone change passes. Don Cadwallader reported he didn’t believe it would make any difference in the property values. This area has been zoned as C-2 since the early 1970’s when it was believed that growth in the commercial sector would be to the north and that hasn’t happened nor does it appear it will any time in the foreseeable future. An individual has come forth who wishes to convert the old Allnut building into a residence. This building has been on the market for approximately two years with no interest commercially. If one of the properties were to be damaged under the current zoning it could not be replaced or restored as a residence. Ella Mae White, who resides at 413 Cheyenne Avenue, stated she would like to see the vacant Allnut building occupied rather than sitting empty. Scott Hardin, who resides at 955 Cooper Hawk Road, is the potential buyer who would like to restore the Allnut building as a very nice residence by bringing everything up to code. Trustee Schnell stated in his opinion there would be no adverse consequences, either property value wise or tax wise to other property owners in the area. Trustee Gustafson moved to close the public hearing, seconded by Trustee Loftis. Motion carried 6 – 0. The Planning Commission met on January 14, 2010 and reviewed information regarding the proposed zone change and unanimously approved to recommend the town board change the zone from C-2 to R-2. Concluding discussion, Trustee Gustafson moved to approve the change of zone from C-2 to R-2 for the aforementioned addresses, seconded by Trustee Schnell. Motion carried 6 – 0.        
Item 3A – Renewal of Beer & Wine license at Justines Pizza. The board received a request for approval of the beer and wine license renewal at Justines Pizza located at 214 S. Elm Avenue #3. Chief Jacobson reported he has no objections for approving the renewal. Chris Bagley, town clerk reported all paper work appears to be in order. Trustee Schnell moved to approve the renewal, seconded by Trustee Thomas. Motion carried 6 – 0.       
Item 4 – Water Conservation Plan. Gary stated that because of our participation with the NISP project it is strongly recommended that we have a Water Conservation Plan in place. It isn’t required by state law to have a plan but the other participates are strongly encouraging all members to have one. Gary contacted Steve Nguyen at Clear Water Solutions to get cost estimates and grant availability. There is grant money available for the Town to complete a plan but it does not cover the cost of the application itself. The application and study is estimated to cost the Town $6,000 to $10,000. There is some money in the budget to cover the cost. If we delay making a decision at a later date the grant money may be gone. The plan itself is estimated to cost about $30,000 which would be completely covered by the grant and takes about one year to complete. Windsor is currently going through this process. Concluding discussion Trustee Gustafson made a motion to move forward on a Water Conservation Plan, seconded by Trustee Loftis. Motion carried 6 – 0. 
Item 5 – Discussion of Proposed Emergency Operations Plan. Don Cadwallader asked if there were any questions or concerns regarding the proposed plan. Some members needed a little more time to review the plan.  Gary stated the next step in the process is to have a resolution prepared by Attorney Anson adopting the plan. Don used Weld County’s plan as a guideline and revised it to fit the Town. Concluding discussion the board directed staff to have Attorney Anson prepare the resolution for review at the February meeting. 
Item 6 – Resolution No. 2010-01: Posting of Notices for 2010. This resolution is an annual requirement mandated by the state. Trustee Schnell moved to adopt Resolution No. 2010-01 – Designation of public places for posting notices of Town Board meetings, seconded by Trustee Thomas. Motion carried 6 – 0.
 
 JANUARY 21, 2010, PAGE 2
 
Item 7 – Citizen Comments. Ella Mae White appeared before the Board to express her thanks for the great job the town employees have done with snow removal this winter. Mrs. White stated she thinks it has been handled very well and is very appreciative of the time and effort spent.
Mr. Richard Thomas, current owner of the sugar factory properties, appeared before the Board to ask what the Town’s intentions are regarding the properties. Mayor Moser stated the primary goal is to get the properties cleaned up and safe from hazards. Mr. Thomas asked if when the Town takes deed to the properties will they be expecting any liability from him? Gary stated it has been the Town’s intent to secure the properties because there are more avenues open for grants to clean up the properties through the Town rather than a private owner. The first step would be to complete the Phase II assessment and then work very closely with EPA and State Health Department to acquire as many Brownfield Grants possible to get the properties cleaned up and old buildings torn down to obtain a clean piece of ground. There is no one lined up to buy anything. It is a very high priority to clean things up before someone is badly injured, thereby making all parties involved liable.         
Item 8 – Reports. Mayor Moser reported John Cordova was recommended for appointment to the Board of Trustees of the High Plains Library District at their meeting. A resolution will be prepared for adoption at the February meeting to ratify the appointment. Mayor Moser also reported someone needs to be appointed to the Great Western Trial Board to fill the vacancy left by Keith McIntyre and will be talking to some interested parties. 
Item 9 – Adjourn. As there was no further business the meeting was adjourned at 7:48 p.m.
 
                                                                                                 Erika C. Bagley, Town Clerk