MINUTES-AUGUST 19TH(99) - Colorado



town board MINUTESJuly 18, 2019A regularly scheduled meeting of the Town Board was held on July 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. Trustee Isbell made a motion to amend number 5 on the agenda to end of the agenda making the Town Administrator Performance Review-Ginger Robitaille into an Executive Session, seconded by Trustee Heid. Motion carried 6-0.Item 2 – Review of the Minutes of the June 13th meeting. Trustee Isbell moved to approve the June 13th minutes as written, seconded by Trustee Ledall. Motion carried 6-0.Item 3 – Liquor License Request and Canvass Boundary-Michael Woodruff. Mr. Woodruff stated that he has secured a lease at 208 Oak Avenue for his business as Kettle Brewing Company, LLC, which will brew and serve beer. His application to the State of Colorado is for a Manufacturer’s License (Brewery) and Sales Room for on & off consumption. Before approval or denial the board needs to consider the reasonable requirements of the neighborhood and the desires of the adult inhabitants. The applicant needs to conduct a petition survey designated by the board. Concluding discussion, Mayor Ross set the survey boundaries for the petition survey for Second Street to Fifth Street and Cheyenne Avenue to Highway 85. The public hearing is scheduled for August 15th at 7:00 p.m. at which time the board will review the survey results and hear any comment from the public. Item 4 – Pivot Energy Solar Subscription Discussion. Jeff explained that we are looking at options to help the town save on energy costs for all the public buildings. Eric Brunner with Pivot Energy Solar Subscription explained that he has been working with Avi on reviewing the agreement. Avi stated that the twenty year agreement is good and also had Alan Holmberg review the tax provisions. Concluding discussion and questions, Trustee Ledall moved to approve the Community Pivot Solar Services Agreement, seconded by Trustee Heid. Motion carried 6-0. Item 5 – Town Trash RFP Discussion. Jeff explained that he updated the RFP as recommended and there are now two proposals for companies to bid on; 1) Trash & Recycling and 2) Trash, Recycling and Yard Waste. The trash and yard waste is to be picked up every week and recycling picked up every other week. There is a provision in the RFP for alleys, if customer has an alley, then all containers will be picked up in alley. Concluding discussion and questions, Trustee Isbell moved to approve the RFP Trash and Recycling, seconded by Trustee Heid. Motion carried 6-0. Item 6 – Discussion Regarding the Addition of Water and Sewer Development Fees to Current Stantec Utility Rate Study. Jeff discussed that going with Stantec for the utility rate study on water, sewer, and irrigation and early looks at possible storm fees that he would like to add the development fee for water and sewer to the study. This additional utility rate study will cost $6,000.00. This will bring the overall cost to $32,000.00 which is still lower than the last study that was done. Trustee Winter moved to approve the addition of the development fees for water and sewer to current Stantec Utility Rate Study for the Town of Eaton, seconded by Trustee Ledall. Motion carried 6-0. Item 7 –Resolution 2019-06-Approving the Municipal Water Efficiency Plan. Jeff put together the Efficiency Plan after the two month period of public comment which is now closed. Modifications were made to the plan with Clear Water Solutions by adding references back to the master plan. Jeff shared that the efficiency plan is required to be approved of every seven years and it is paid for by a grant. Trustee Isbell moved to adopt Resolution 2019-06 which approves the municipal water efficiency plan, seconded by Trustee Heid. Motion carried 6-0. Item 8 – Ordinance No. 597 – Amending Section 10-6-5 of the Eaton Municipal Code Concerning Criminal Trespass – Second Reading. Jeff commented that this ordinance will give the police brooder power to address issues with criminal trespass. Chief Mueller added that it cleaned up the ordinance and strength it. Avi agreed. Mayor Ross opened and closed the floor to the public for comment for Ordinance No. 597, no public comment. Concluding second reading, questions and discussion, Trustee Winter moved to adopt Ordinance No. 597, amending Section 10-6-5 of the Eaton Municipal Code concerning Criminal Trespass, seconded by Trustee Isbell. Motion carried 6-0. Item 9 – Ordinance No. 598 – Repealing Section III of Chapter XIV of the Eaton Municipal Code – Second Reading. Jeff stated that it was a 1965 code about the sidewalk that is outdated. Concluding second reading, Mayor Ross opened and closed the floor to the public for comment for Ordinance No. 598, no public comment. Trustee Heid moved to adopt Ordinance No. 598, repealing Section III of Chapter XIV of the Eaton Municipal Code, seconded by Trustee Rohn. Mayor Ross opened discussion for the board. Motion carried 6-0. MINUTES CONT. – July 18, 2019 - PAGE 2Item 10 – Ordinance No. 599-Amending Section II of Chapter V of the Eaton Municipal Code Concerning the Collection of Municipal Court Fines and Costs-First Reading. Avi added that the legislation is making it hard for the municipal courts to collect outstanding fines. Particularly, due to the courts unable to issue a warrant for failure to pay money or failure to appear to pay money. So many municipal courts are hiring private collection agency’s to try to collect the outstanding debt and we would implement a procedure to attempt to collect the money with letters and if there is no payment it is then sent to collections. Collections can charge 25% of any balance they collect and are not entitled to impact the defendant’s credit. This procedure will give the municipal court more authority to collect outstanding funds. Concluding first reading and discussion, Mayor Ross opened and closed the floor to the public for comment for Ordinance No. 599, no public comment. Trustee Isbell moved to adopt Ordinance No. 599, amending Section II of Chapter V of the Eaton Municipal Code, seconded by Trustee Gentry. Motion carried 6-0.Item 11 – Ordinance No. 600-Adding Section III to Chapter III of the Eaton Municipal Code Concerning the Collection of Expenses Related to Land Use Applications and Providing for Developer Cost Reimbursement Agreements-First Reading. Jeff stated that this will ensure that the Town is not bearing the cost for developers. The developer will make a deposit with the Town, based off the size of the development and then the Town will draw off the deposit to pay the Town’s Engineer and Planner as they invoice for services on the development plan in progress. Avi has a draft agreement for the developers. Avi noted that there is not an Administration Fee on this draft but some municipalities does charge a fee. Planner Harris stated that most of the communities that he has worked with, generally has an administrative fee. Concluding first reading, questions and discussion, Mayor Ross opened and closed the floor to the public for comment for Ordinance No. 600, no public comment. Trustee Isbell moved to adopt Ordinance No. 600, amending Section III of Chapter III of the Eaton Municipal Code with condition of adding an additional administrator fee of 15%, seconded by Trustee Winter. Motion carried 6-0.Item 12 – Public Comments. Chuck Johnson, 1552 Carriage Drive, inquired about the Pivot Energy contract and if the board is aware that over time, that solar panels degrade along with the capacity and is the Town involved with the cost of the solar farms or just participating in the energy production? Mayor Ross responded that the Town is just a subscriber. Chuck commented that it sounds like a win win situation. Todd Bean, 1695 CO Parkway, gave his comments on the Town’s Water Efficiency Plan, fees for future developers, the Town’s capacity to service water and the Town’s water rates, his basement flooding, and the Town’s failing infrastructure in the irrigation main line due to an Ordinance on water restriction not being enforced. Item 13 – Reports. See attached handout. Addition made to reports.Mayor Ross thanked the Eaton Police Officers for their work during Eaton Days.Jeff discussed the following:Resolution No. 2013-04, Non-Potable Water Restrictions and board gave direction to Jeff to enforce.Meeting next week with Mike Ketterling, Town Engineer and State Division of Water Resources out of Greeley to review the Gus/Johnson Well system.Working with NWCWD on changes with our water system and trying lower tank levels to take some pressure off the system and working on a new agreement.Reviewed current well use numbers with the Town Board from the Governor’s Ranch wells.Avi discussed the SB 152 passing, will need a new ordinance for conduit to be added to new subdivisions and referenced a handout on Broadband. Planner Harris agrees that there needs to be a master plan put together for it. Trustee Winter, Planning Commission: Barclay Roofing commercial building in Maplewood Estates.Trustee Rohn, EAP&RD: currently enrolled 3,383 and since opening 103,000 scans at the front desk. MINUTES CONT. – July 18, 2019 - PAGE 3Trustee Isbell, Home Town Revitalization Committee: walking audit of the business and the town, reached out to DOLA University Technical Assistant Program and DOLA Main Street Program.Trustee Heid, Great Western Trail: Kids Tri Athlon on August 4th and water audit.Mayor Ross, All Town Meeting: Theme of Growth for the Community, updated comprehensive plan, Eaton School District school plan, Broadband with ALLO and County Planning Council got a unanimous decision against Xcel Energy’s plan for transmission lines and substations. Xcel withdrew their application with the County and will now work on a feasible route for those lines and substations. Item 14 – Executive Session. Trustee Isbell moved to go into an executive session to discuss personnel matters related to the Town Administrator pursuant to C.R.S. § 24-6-402(4)(e), seconded by Trustee Rohn. Motion carried 6-0.Item 15 – Adjourn. As there was no further business the meeting was adjourned at 8:31 p.m. Executive Session meeting adjourned at 8:55. Margaret Jane Winter, Town Clerk ................
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