MINUTES-AUGUST 19TH(99)



MINUTESApril 18, 2019A regularly scheduled meeting of the Town Board was held on April 18, 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, Winter and Mayor Ross. Attorney Rocklin was also present. Item 2 – Review of the Minutes of the March 21st meeting. Trustee Heid moved to approve the March 21st minutes as written, seconded by Trustee Rohn. Motion carried 6-0. Item 3 – Recognizing 20 years of service to the Town of Eaton-Martin Salazar. Mayor Ross gave recognition about Martin Salazar, an outstanding individual that takes pride in his work and does an outstanding job for the community. Martin received a plaque for his 20 years of service.Item 4 – Fire Department Presentation and Update – Chief Kane. Five years ago, the Town of Eaton set aside a piece of property for public safety and training center. The fire department allocates capital to improve the property for better use. They cooperate with the police department and public works to make the center usable for other groups in community. The town put up a security fence and maintains the grounds with spraying the weeds. The center is used every other day for training by the fire department. There is a two story residential building, two fire hydrants, a lean to with three different pitches of roofs that represents a commercial building, concrete and a two bay steel building to store equipment. These improvements have been done with the fire departments capital cost and with the cooperative assistance of Xcel Energy, the Town and the water district. This year they will add more concrete and add shipping containers base as live fire props. Working on policy’s for usage of the live props. The Town and Fire District has a MOU in place for the development of the property and if the Town’s legal council needs to add a new addendum to cover the new improvements, we will leave it up to you. Avi Rocklin will look over the current MOU and then will need to have a better understanding of all the improvements and discuss if changes need to be made. Item 5 – Water Conservation Plan Presentation-Clear Water Solutions. Michelle Hatcher and Sira Sartori with Clear Water Solutions have been working with Jeff on doing an update of the 2011 Water Efficiency Plan. Grant money was obtained to put this plan together. State improvement plans are required by CWCB (CO Water Conservation Board) and CWRPDA (CO Water Resources & Power Development Authority), in order to get a loan from these entities. There is also implementation grant money available to carry out the activities and programs in the plan. NISP (Northern Integrated Supply Project) likes to see a plan in place and working on saving water. Profile the existing water system and add to the previous plan the updated data, water demands, and historical demands management, establish water efficiency goals, select the activities and programs to implement and monitor the program. Then they look at the past water usage and projected demands. Breakdown of seasonal usage is 55% for indoor usage and 45% outdoor usage, which means the focus for water saving activities will be on the indoor use. Since the 2011 Water Conservation Planning effort, the residential usage has decreased by 27 gallons per capita per day as a downward trend even though population is increasing. Many factors could attribute to the downward trend, such as temperature fluctuations, passive savings which are plumbing codes are improving and toilets are more efficient and could also be the existing plan in place with activities that are being implemented. Water efficiency goal was set to save 10% over the next 10 years or 1% each year. To find which program would work for the Town, they performed a cost benefit analysis on the activities with a high water savings at a low cost. The top highlighted programs out of the 23 programs selected are educational, zero-scape home gardens and drought management plan. Based on the activities selected, there will be a water savings of 15% over the next ten years. The benefit of the water plan over the next 10 years was shown on a chart with projected water use, water being passively saved and the Town actively implementing these programs to reach the goal of saving over 100 acre feet per year. The schedule for the plan is to take board comments for the next two weeks and enter into a draft plan, then for the next 60 days, gather community comments to process and bring back to the board to review and adopt a final plan and finally submit the plan to the CWCB for a 90 day review for an approval. The Clear Water Solution’s presentation concluded with discussion from the Mayor and the Board. The draft of the plan as it is, will be sent to the board to look over and to make improvements. MINUTES CONT. – April 18, 2019 - PAGE 2Item 6 – Park Name Change Request-Historical Society and American Legion. Bill Martin, along with Commander Tom Pribelsky and Vice Commander Desmond Welch, all with the American Legion Post 26 in Eaton and with the Historical Society, would like to give a formal name to the park that is located along Collins Street between Maple and Elm Avenues. There are two memorials in the park, the Benjamin Eaton Memorial and the Legion Memorial. They would like to formally name the park “Eaton Memorial Park”. Mayor Ross thanked the three veterans for their service and all they do for the community. There was discussion of holding a formal dedication of the park name such as June 14th which is also the Bank of Colorado’s picnic or on Eaton Days, the dates will be looked at further to see which date will work. Following the discussion, Trustee Winter moved to formally name the park that is located along Collins Street, between Maple and Elm Avenues as “Eaton Memorial Park”, seconded by Trustee Gentry. Motion carried 6-0.Item 7 – Municipal Trash Service – Further Discussion. Jeff began the discussion with the fact that in March the trash service was transferred over to Waste Management. There have been a series of issues with them, one being residents trash not being picked up, this has decreased but is still happening. The communication was an issue but has gotten better with WM but there is still a high volume of calls coming in. The conclusion from the board at the last meeting was to keep monitoring WM for now, but to get together a Request For Proposal (RFP) for trash service bids. There are several ways to move forward, put out the RFP for bids now and then see how WM is doing at the end of their contract period which is in July or wait until the end of the period where they are honoring our prices or negotiate a new contract with WM. If we want to go with the RFP, then we need to discuss how much trash is allowed and the next piece would be penalties or ways to hold the trash company accountable. Mayor Ross opened the floor for the board to ask questions and discussion. After discussion, the floor was open for the community to ask questions or comments. Elizabeth Chase, 426 Lilac Avenue, has called WM customer service to complain, four times in the three weeks, did not call the city because they were not sure how it worked and that is why they attended the meeting tonight. Sometimes they don’t pick up the trash or they pick up one side and not the other and there is no set time. She has called them about the time of pick up cause their trash is blowing all over the street. The Mayor responded, with all that has transpired since WM has taken over and the communication that is going on now with WM, they are becoming an acceptable service. The rate that we get as a municipality is far less than the cost if it was individual billed. Trash is to be out by 7 am for pick up, there can be 3 trash cans or 3 trash bags at 32 gallons each of household trash or a 96 gallon poly cart and five 32 gallon bags of yard cuttings. After further discussion, the consensus is to keep working and try to improve service with WM through July and Avi will work on a three month contract with WM as a starter. The RFP is tabled and will be considered next month. Mayor Ross then called a 10 minute recess at 8:17 pm, and reconvened at 8:27 pm. Item 8 – Special Event Liquor License – Eaton Area Park and Recreation District. Bryan Kentfield, District Director, presented the EAPRD’s Special Events Liquor License for Friday Night on the Patio. There will be concert series, games and activities for adults and children. May 31st, is to kick off the summer with the Eaton Chamber of Commerce, June 28th, is to kick off Eaton Days and July 26th is a kick off for Back to School. Chief Mueller has 0 negative reports on EAPRD. The application for the Special Events Permit was presented to the board by Jane, all paperwork appears to be in order, Trustee Isbell moved to approve the request, seconded by Trustee Heid. Motion carried 6-0. Item 9 – Proposed Brewery 201 S Elm Ave – Michael Woodruff. Michael Woodruff and his wife live in Ault and feel that the Eaton/Ault area is underserved area and would be good for business. Not planning on any food options, nor restaurant at their spot which will boost the current restaurants in Town. Looking for the Town’s approval and perimeters for petition for the lease site of 201 S Elm Avenue just south of Heritage Market and north of Camacho’s. The area is 1,300 sq. ft. with one bathroom and from talking with Weld County, there is a rule of every 20 patrons you need a facility, so requesting a variance from the Town to have only one unisex bathroom. After discussion, only the perimeters can be set for now and the variance has to do with zoning which will be addressed later. The perimeters were set as follows: West to Cheyenne Ave/CR 37, East to HWY 85, North to Second Street and South to Bluegrass Street. Trustee Isbell moved to approve the survey boundaries and Trustee Heid seconded. Motion carried 6-0.MINUTES CONT. – April 18, 2019 - PAGE 3Item 10 – Ordinance No. 595 – Concerning Tobacco Possession and Minors – Second Reading. Concluding second reading, questions and discussion of Ordinance No. 595, amending Section VII of Chapter X of the Eaton Municipal Code to include Section 10-7-4 concerning the prohibited possession of tobacco and tobacco products by minors, Trustee Winter moved to adopt, seconded by Trustee Ledall. Motion carried 6-0.Item 11 – Resolution Concerning Delegated Authority to the Town Administrator Regarding Contracts. Jeff conversed that this resolution is standard in most municipalities across Colorado to delineate that boundary of what contracts the Administrator can sign and which contracts the Mayor signs, this delineation will clarify the authority. Avi confirmed that this sets out the differentiation and better lays out his authority to execute contracts, which is important because often times there are standard and routine contracts that come before the Town and for efficiency it may make sense for the Town Administrator to execute those. In discretion, can request that contracts that are executed by the Administrator be provided for information that is being conducted in the Town business. There can be an upper amount of a contract and any contract that would have an expenditure of funds would have to of been budgeted and appropriated. There is a provision currently in the code that contract supplies of $2,500.00, if more, needs to be bids. If this amount needs to be changed, we need to amend the code. This may also go along with the purchasing policy that is being developed, all those financial pieces may fit together to put into the code. Concluding discussion, Jeff has been directed to research the dollar amounts and present them at the next board meeting.Item 12 – Presentation by Staff on Phase I Financing of NISP Project – Choosing Between Two Lenders. Faith discussed that there are two banks being presented for the line of credit (LOC) for financing the NISP project which is broke down into two phases. Phase I is preconstruction of NISP and Phase II is the construction of NISP. The PFM Financial Advisors need a decision on which bank by April 22nd, along with the other 15 participants, so negotiations can be done to close on the loan. A brief refresher of NISP is two reservoirs, Glade Reservoir which is 170,000 acre feet and Galeton Reservoir which is 45,000 acre feet and a pipeline. Eaton’s contribution of Phase I is $2,275,000.00 and responsible for 3.25% of the project. Planning has been in place since 2003, the water fund has some savings in it and that is where some of the money is coming from. Paying the contribution half in cash and other half of $1,137,500.00 will be financed through the LOC. PFM put out an RFP and five banks responded and two banks are being considered, BBVA and JP Morgan. After further discussion and factors about the two banks, a motion that the Town of Eaton move forward and accept the line of credit finance proposal for Phase I of the NISP project with BBVA Compass by Trustee Winter, seconded by Trustee Rohn. Further discussion, to continue to better understand where the town is with the water rates and the price of the project, need to hold work sessions with the board and possibly have presentations from Carl Brouwer and John Budde from Northern Water, and Tyler Old from PFM Financial Advisors, LLC to review all the details of the project and the financial aspect break down. 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 – Yes; Trustee Isbell – Yes; Trustee Ledall – Yes; Trustee Rohn – Yes; Trustee Winter – Yes. Motion carried 6-0. Avi added that with the respect to the work session, one thing that is circulating right now among the lawyers, is getting together a list of issues to be discussed with the participating organizations and so once that list is formalized and they have had a couple of more meetings, it might be a good time to combine all those issues in a work session. Item 13 – Citizen comments/questions. Dave Thurman of 14824 Fillmore Way, of Thornton, works for PDC Energy, a Colorado oil and gas company based in Denver with 500 employees, which 200 are from Weld County. Has a live operation in and around Kersey and will be making their way to the east side of Eaton in the year of 2021. Wanted to introduce himself so we have a resource and can start building a relationship with the Town. They have made a financial donation to the recreation center to build a batting cage. Other donations have been made to the Historical Society, the Red Wave Swim Team, and the Fire Department. Definitely, wants to be a part of this community, engage in the community and will welcome any feedback and will discuss the operation that will be coming up and give field tours to take any mystery out of it. Todd Bean of 1695 Colorado Parkway does not have legal counsel but would like to have a meeting as discussed in the past to try to figure out how we get through some of these issues whether past or moving forward. This was the second time of picking up documents and it just appears that everything is not there. He believes MINUTES CONT. – April 18, 2019 - PAGE 4the confusion of the questions the night of the resolution on the traffic studies, he found outdated traffic studies, he found a response from the developer’s engineer, does not have a date, does not have a signature, was responding to something from Northern Engineering and Northern Engineering’s report and comments were 12/28/2018 and there were some questions from early December and November on the traffic studies, so it appears that, it did not get answered, he could not find the copy. There were about four copies, these were not signed, there are no engineer stamps, could be missing them but he did look through them. He was expecting to see signed agreements. The problem, in his opinion, with the resolution is that there is a lot of inaccuracies on it, the acreages are wrong, there was a different owner on the property that was represented the day of February 21st and this developer was not the owner that day. He produced a title that showed a title change of the next day, February 22nd. He asked if he could have a meeting and go through all this or he will come back next month try to get through some more of it, but would like some more accurate information. Mayor Ross stated that we are meeting with council so that we can continue to explore those options and see how we can still continue to answer your questions and we appreciate you continuing to bring your concerns forward to us and don’t want you to think we are dismissing you but we are continuing to assess the situation. Roy True, I live at 20550 CR 78, Eaton but not much longer. They are building a home with builder Travis Tucker in Governor’s Ranch, and then found out about this whole thing and hopes that real clear thinking is done because they took a really big hit on their property. He hopes that, being Town Council on the board of the Town of Eaton that you really consider some of these developments and things that go on. Roy is asking, as a town resident, and proud to be an Eaton-ite coach here and his kids go to school here, would like some serious consideration when the council is making decisions, going forward because they have been burnt in the county and then there are some things going on in Governor’s Ranch that scares him. Roy has confidence in the board and he knows a few of them very well and hopes going forward that other people are not put into the situation they were put in by the Weld County Commissioners in the Town of Eaton. Item 14 – Reports.Trustee Heid provided an update:Project for the park and trail head is moving forward.Chief Mueller provided an update on the activities in the police department as follows:Applied for Peace Officer Training Grant $4,400 award.Corporal Rundle has been accepted to attend an advance supervisor 5 day training course.Officer Daigle will attend a basic investigation course in early May.April 13th Spring Clean Up was smaller, ? the turn out compared to last year.April 20th will assist with the Easter Egg Hunt.April 27th will have the Drug Take Back Program at Heritage Market.April 25th PD training on Evidence Collection and Procedures. Completed the annual renewal of the Weld County MOU Pursuit Policy, consistent with PD standards.Due to the Columbine Anniversary and recent person of interest incident this past week, the PD has beefed up officers presence and posted at the schools and will end tomorrow.Jeff provided an update on the following:Sertoma Club requesting $1,200 improvements to the two Eaton signs, with the Town contributing $600.00 of the cost for weed barrier and river rock and then the Town maintains. Agreed.Discussed the possibility of hiring a consultant Town Planner to work on the planning process for the Town, review developments and zoning. Positive review and directed to put together a RFP. Governor’s Ranch, HOA had questions about the water pressure for the non-potable system. Town Engineer, Mike Ketterling has been brought on board to start looking into the pressure. Restrictions were looked at and there is a Resolution from 2013 that was never repealed, that actually places water restrictions on the non-potable systems in the Town, that is still in effect, but not enforced, MINUTES CONT. – April 18, 2019 – PAGE 5with odd and even days on the non-potable systems. If we want to enforce it, we will need to do another resolution re-affirming it. Jane provided an update on the following:Justine’s Pizza was approved for their license.Cobblestone Hotel and Dragon Inn renewal license has been turned in to the State.Special Election is set for June 18, 2019 as a mail out ballot.Brandon provided an update on the following:April 6th EAPRD hosted the 9 Health Fair, good attendance.April 13th EAPRD hosted EHS Prom Dance.EAPRD’s current enrollment is 3,132 which is up by 54 from the previous month.Lanie provided an update on the following:Hometown Revitalization met on April 1st to work on events, all is going well. Kevin provided an update on the following:Main Street America, made a video with the police and fire department.RR Crossing at 5th Street is open.April 16th, stoplight got turned on to flashing; offered the families of the victims to be present for the opening at the light and the 5th Street crossing.Read two letters, one from Rouse and one from Calista, on how safe the light makes them feel.MPO-continue working with the County’s Attorneys as we look to move to party status regarding the zero emissions vehicle mandates imposed by the Governor and we will move towards that and how we argue that in May.Xcel Energy-first hearing is in May with the planning council regarding their proposed lines, two phase project but they are only asking for the first phase which is getting the line from the sub-station at the landfill on HWY 14 to the Husky Sub-Station which is north of Ault and then bring it down to the Grand Creek sub-station which sits between the trail and A-1 Organics. They also reached out for a meeting on Monday but have not heard anything else. Would rather they pursue the sub-station to be built in our Industrial Park on the east side of the Town. Item 15 – Executive Session to discuss legal matters with the Town Attorney pursuant to C.R.S. Section 24-6-402(4)(e). Trustee Isbell moved to go into an executive session to discuss legal matters with the Town Attorney regarding citizen communications, seconded by Trustee Winter.Item 16 – Adjourn. As there was no further business the meeting was adjourned at 9:48 p.m. Executive Session meeting adjourned at 10:11 p.m. Margaret Jane Winter, Town Clerk ................
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