Windsor Town Board Regular Meeting 6/10/24

For more information (including members in attendance) see the full notes document here.*

View the meeting agenda and packet.

View Board Meeting Broadcasts.

From the Town Board Website: The Town Board serves as the community’s legislative body, having responsibility for enacting town ordinances, appropriating funds to conduct town business, appointing members to boards and commissions, and providing direction to town staff.

Highlights:

• Mayor Pro Tem Julie Cline appointed Mayor. District 2, District 4, and Mayor Pro Tem positions are vacant -- applications will be posted online. 
• 2nd Filing for Prairie Song Subdivision was approved.
• Town Municipal Code will be amended for mobile food vendors to operate in public right of way.
• Windsor & Level Access contract for digital accessibility plan /HB 21-1110 alignment was approved. 

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Call to Order

Following roll, the pledge of allegiance, and review of the agenda, Windsor High School Senior, Molleigh Kennedy, was presented with a $2,000 scholarship from SAFEbuilt.

The Board invited the public to be heard:

• A community member asked questions about the ruling that declared Barry Wilson ineligible to serve as Mayor and the impact on the Board and Windsor community. Specifically, he wanted to know how much it would have cost the Town to appeal Weld District judge’s decision, why the board voted not to appeal a decision even though Mr. Wilson received the majority of the town’s vote, and how the Board plans to fill the vacant District and Mayor positions.
• Mayor Pro Tem Cline said they held interviews for District 2 positions prior to the meeting and the rest of his questions would be addressed throughout the meeting.

Board Action

Sandra Mezzetti (Senior Planner) presented plans for the Tacincala Subdivision aka Prairie Song Development 2nd Filing. Patrick McMeekin (President of Hartford Acquisitions LLC - developer) and Ryan McBreen (Norris Design) answered questions.

• Prairie Song encompasses 127 acres at the corner of County Road 72 and State Highway 257. Mr. McKeekin said the master plan will likely span 10+ years and include 2200 units; this is the 2nd filing but there will likely be 10+.
• Development includes cottages (mid-high $400K), estate houses ($1M+), and traditional options in between those price ranges. The number of ADUs is TBD (allowed on 600+sf lots). No condos proposed in this phase. No commercial areas proposed but could be allowed in the RMU area. Phase I is underway and there has been increasing interest. 
• The team is working with the irrigation team to reroute the Lake Cancel Ditch and put in a solid pipe. Potable water will come from the Town of Windsor, non-potable water for irrigation will be from ag water. Every filing will have 1-2 parks and access to trails and walkways maintained by metro district; development includes pocket parks, larger parks, and 11 acres set aside for a future park. 
• Resolution No. 2024-37, Final Major Subdivision, Tacincala Subdivision 2nd Filing was approved 5-0. 

Kimberly Lambrecht (Senior Planner) presented and answered questions about an ordinance to amend Section 16-4-10 of the Town Municipal Code regarding mobile food vending. 

• She requested a land use code amendment to allow mobile food vending to occur in public right of way when part of special activity permits. It is easier to operate in the public right of way (compared to on the grass or sidewalk, for example) and this request from event managers and vendors is becoming more common.
• She clarified that this amendment would not change the process for food vendors - they must still get a business license, work with an event manager for approval, and then be under the umbrella of the event manager application.
• Ordinance No. 2024-1699 to amend Section 16-4-10 concerning mobile food vending was approved 5-0. 

Jess Humphries (Administrative Services Director) presented and answered questions on digital accessibility and a contract with Level Access.

• HB 21-1110 requires all Colorado state agencies and public entities (any state/local government or instrumentality) to meet established website and digital accessibility standards by July 1, 2024, or face penalties. HB 24-1454 extends the grace period to July 1, 2025.
• Team is implementing accessibility training, software, content remediation on 3 websites, and requested a resolution to contract with Level Access, who will create a plan to align website/digital content with HB standards. In the future, this project may require additional staff and continued contracts. The cost is $34,995. Level Access was selected as the most comprehensive service provider. 
• Resolution No. 2024-38 for a contract with Level Access to complete accessibility audit, testing, improvements and support was approved 5-0. 

Mayor Pro Tem Cline took the opportunity to discuss the appointment of Mayor.

• Board did not seek clarification on whether Barry Wilson can reclaim District 2 seat following a decision ruling that Wilson is ineligible to serve as mayor due to time limit restrictions. Current charter only allows for appointment of Mayor by one of the current Town Board members (not special election).
• The floor was opened for nominations, Hallett nominated Mayor Pro Tem Julie Cline. Other board members recognized Cline for demonstrated experience, capabilities, and peaceful-yet-stern demeanor. Cline mentioned that she has been in Windsor for 13 years, and her child attended Windsor schools Kindergarten thru recent Windsor HS graduation; has worked for Hewlett Packard for 22 years; was first appointed to the District 4 seat in 2020 when Paul Rennemeyer was elected mayor, won reelection in 2022 and was chosen as mayor pro-tem in May. 
• Motion appointing Julie Cline as Mayor was approved 5-0. She will hold the position until April 2026.
• Next appointment will be April 2026 and that person can only hold the position for 2 years until the next full election cycle; Board acknowledged there is some frustration with how the charter is written. There is now a vacancy for District 2, District 4, and Mayor Pro Tem positions -- applications will be posted online.

Consent Calendar
The following were unanimously approved:

1. 5/13 Regular Board Meeting Minutes (with minor change from Member Peltz)
2. 5/29 Special Meeting Minutes
3. Resolution 2024-39 approving deed for right of way along Weld County Road 72
4. Report of Bills

Public was invited to be heard:

• A community member presented information on the charter regarding mayor appointment, terms, and home rule charter vs. state code. 
• Attorney Money suggested looking at potential charter changes in the coming months; Mayor Pro Tem Cline asked to add this to a work session. 
• A community member who spoke at the beginning of the meeting again expressed concerns about the Board not amending the charter to have a special election for Mayor, 3/7 Board seats appointed rather than elected, and asked if the money saved from not appealing the judge’s decision could be used for special elections for district openings.
• Board members expressed an understanding for his concern but also noted they are under a specific timeframe to fill vacancies, the process needed to hold a special election to change charter and then special election for mayor combined with election blackout dates is complicated. They reiterated that they would consider charter changes. The community member was thanked and time limit was enforced. 

Communications

The Town Manager states that they are hoping to narrow down the finalists for Chief of Police by Thursday, at which the process and dates will be shared with the public. Plans to spend Friday with 3 finalists for Director of Economic Development position. Board members reported on meetings and community events they attended. 

The meeting adjourned at 9:29pm.

Next Meeting: Monday, June 24, 2024 7pm -- Town Hall Chambers (3rd floor), 301 Walnut Street, Windsor, CO 80550 or live on WindsorTV 

Questions to Consider:

1. The Town Charter has come under scrutiny recently for differing interpretations (e.g., elected official time limits in the case of Barry Wilson, District & Mayor seats filled thru appointment vs. special elections, language on 4-year term limits vs. serving until next municipal election). What steps will the Board take to review the charter, evaluate language clarity, consider changes, and ensure community voice is centered in town decisions? 
2. Can Windsor’s legislative body and the public ensure digital accessibility for all who need it?  

*Citizen Observers further the commitment of the League of Women Voters to its principle of Citizens Right to Know, however, we are not acting as journalists. Omissions and errors are possible. It is assumed that users of this information are responsible for their own fact-checking. This could include contacting a government clerk, conversing with an elected official or staff, and/or asking us to speak to the Observer who attended.