New Castle Town Council Regular Meeting Tuesday May 21, 2024, 7:00 PM  Call to Order  Mayor Art Riddile called the meeting to order at 7:00 p.m.  Pledge of Allegiance Roll Call Present  Councilor Mariscal Councilor Carey Councilor Hazelton Mayor A. Riddile Councilor Copeland Councilor Leland Councilor G Riddile None  Absent  Also present at the meeting were Town Clerk Mindy Andis, Town Treasurer Viktoriya Ehlers, Assistant Town Attorney Haley Carmer, Town Planner Paul Smith, and members of  the public. Meeting Notice resolution TC 2024-1. Conflicts of Interest the sale of the 6th Street lot. Agenda Changes  Clerk Andis verified that her office gave notice of the meeting in accordance with  Councilor G. Riddile he would be recusing himself from item E, the discussion regarding  Town Clerk Mindy Andis said item A could be removed from the agenda.  Citizen Comments on Items not on the Agenda  There were no Citizen Comments. Consultant Reports  Consultant Attorney -present for agenda items only.  Consultant Engineer - not present Items for Consideration  ExecutiveSessiomforscotevenewhwthh-fommAltomeylerthepurposeot receiving-ega-advice-om-speeifeeifielegal-questionsunderCRSSSection-24-6-  Town Council Meeting Tuesday, May 21, 2024  1    402(4)tb)Water-Rights.  Presentation: Jake Staton - Colorado Parks and Wildlife = Bears  Colorado Parks and Wildlife Officer Jake Staton reviewed his presentation with the council Officer Staton said last year was a good year for the bears where there was plenty of food for them to eat. Because it was a good year for the bear cubs, they were able to survive and make it through the winter. The prediction is that this year could be a bad year with Officer Staton has asked developers to have a bear proof trash enclosure for apartment Councilor Hazelton asked if the bear population has grown since the spring bear hunt has been eliminated. Officer Staton said yes. The population continues to grow. Councilor Hazelton asked if Officer Staton can foresee any kind of changes towards hunting to help with the management of bears to help eliminate the problems. Officer Staton said hunting is the major management of helping with the bear population. Councilor Carey asked what the best way would be to contact CPW for wildlife issues.  (Exhibit A).  more bears and with more available food.  complexes.  Officer Staton said to call the CPW office in Canyon Creek. Presentation: Jenny Lindsay = Great Expectations  Great Expectations Jenny Lindsay, Interim Executive Director, reviewed her presentation with the council. (Exhibit B) Ms. Lindesay said Great Expectations serves families from Aspen to Parachute. They served 14 families in New Castle in 2023. Ms. Lindsay thanked the Town of New Castle and the Town Council for their support in the program. Mayor A. Riddile asked how Great Expectations identify families in need. Ms. Lindsay said most of the families are referred to them by Women Health providers. Great Expectations Councilor G. Riddile asked how Great Expectations tracks data for success. Ms. Lindsay said two of the programs are nationally tracked. The data is collected by the national Mayor A. Riddile asked if Great Expectations have a presence in the school system. Ms. Consider Resolution TC 2024-14, A Resolution of the New Castle Town Council Recommending Approval of a Conditional Use Permit for Utility Transmission Line and Towers on Property Located in the Industrial Zone District Planner Paul Smith reviewed his staff report with the council.  has created a seamless process for the referrals.  offices.  Lindsay said yes. They work very closely with the Resource Center.  I.  Background:  The applicant proposes rebuilding the New Castle portion of the 69 kilovolt (KV) transmission line (Transmission Line 6584) located along the Grand Hogback between Mitchell Creek to Rifle Ute substations (25 miles). According to the project narrative, Transmission Line 6584 was originally constructed between the 1940s through the 1960s and has reached the end of its serviceable life. New power lines and poles will be installed and the easement expanded all to improve the integrity and resiliency of the power grid.  Town Council Meeting Tuesday, May 21, 2024  2    The applicant's proposed utility transmission line and tower use is eligible for conditional use review because it is not listed as a permitted or prohibited use under Section 17.52.050. Also, because the transmission line existed prior to the effective date of Municipal Code Title 17, the following procedural requirements are necessary before work 1) In accordance with Municipal Code Section 17.84.080, "Any use that legally existed prior to the effective date of Title 17 shall continue as an approved conditional use upon written request of the owner. " To date, no written request for a conditional use permit 2) In accordance with Section 17.84.070, "No approved conditional use may be altered, structurally enlarged, (...) or expanded in ground area unless the site plan is amended and approved in accordance with the procedures applicable to approval ofa conditional use". In addition to #1 above, the application proposes several alterations as  commences:  has been made. The current application shall serve as the request.  part of the conditional us approval:  .  The existing transmission line easement will be enlarged from approximately 40ft to a standard of 60ft to improve the powerline alignment and meet Existing poles and cables will be upgraded. Taller poles, allowing for longer powerline span, will reduce the total pole count from 20 to 18. Steel monopoles will replace the existing wood poles. Existing wood, poles, averaging 40ft in height, will be replaced by rusted steel averaging 80ft in height. The Applicant has included a new site plan for the proposed rebuild. iii. The easement terrain will be modified with vegetation management and  industry safety requirements.  i.  grading.  On May 3rd, 2024, the Planning and Zoning Commission approved resolution PZ. 2024-3 recommending conditional approval of the Xcel power line replacement project. Asa conditional use application, Town Council is required within sixty (60) days from the date of the Planning Commission's written decision, or within such time as is mutually agreed by Council and the applicant, to approve the application, with or without conditions, or  deny the application.  II, Application Requirements:  The purpose of this conditional use review is to determine if the nature of the proposed use is appropriate to the location and character of the New Castle Industrial  Zone.  1) Site Plan:  a. Adjacent land uses and location of adjacent structures;  Town Council Meeting Tuesday, May 21, 2024  3    Adjacent land uses include storage (Intermountain, Gabossi), low hazard industrial (National Propane, Bramco Bld.), factory use (Blue Barrel cabinetry shop, Granite Shop),  business (AlI Dogs and Cats), and open space (Breslin Park).  b.  Boundary and size of lot;  The project spans numerous lots and parcels in the county. Within New Castle, the application proposes widening easements to 60ft across 10 lots. Temporary access roads will use existing egress points for ground access for construction and Pullng/tensioning sites. Private easement agreements are being negotiated with private landowners  affected. C.  Building location, height and setbacks;  All utility infrastructure will lie within easement boundaries. Although transmission poles are exempt from building height restrictions per Section 17.72.040 of the Code, the packet summarizes the height variation between existing poles and replacements in Table  2-2. Heights and locations of each pole are provided in the Site Plan.  d.  Off-street parking and loading areas;  Temporary access routes off Colorado River Road (County Road 335) will allow for construction vehicles and equipment to access pole locations and tensioning stations. Temporary tensioning stations will be situated at the far west Town boundary, The application does not currently comment on offsite elvery/padingstoraye of materials or daily construction parking. However, the Applicant has verbally committed to providing a construction management plan prior to issuance of a conditional use certificate.  e.  Points of ingress and egress;  Except for various access road driveways, the replacement work will be conducted in the updated utility easement. County Road 335 will serve as the primary access to each lot. Nine poles will be placed by helicopter assist and coordinated with the FAA. A Health and Safety Plan has also been provided per the request of Colorado River Fire Rescue (CRFR).  f.  Service and refuse areasi  The application omits plans for waste/sanitation management and stagging of materials and equipment existing poles. The applicant will provide a construction management plan  prior to construction.  g. Signs and exterior lighting;  Town Council Meeting Tuesday, May 21, 2024  4    Permanent signage and exterior lighting are not anticipated with the project. However, temporary traffic control signs along County Road 335 can be expected during the replacement process. Traffic control plans are. subject to a ROW permit as regulated by  the Public Works Department.  h.  Fencing, landscaping and screening;  Fence screening is required for lots operating fabrication, repair, or storage facilities. Additionally, property lines adjacent to public parks shall have tree and shrub screening. Neither case obtains with the current application, hence, no fencing or landscape  screening is proposed.  i.  Compliance with performance standards;  Performance Standards are a commitment from the Applicant to minimize potential nuisances. The applicant has signed the Performance Standards. P&Z moreover agreed to exempt the Applicant from standards related to excessive noise subject to Condition  #13 below. j.  Anticipated utility requirements;  The project creates no additional demand for water, sewer, or electricity.  2) Development Timeline:  The applicant provided an anticipated schedule of development. Project construction located in New Castle, Segment 2, is anticipated to begin in Spring 2025, pending permit approvals. Materials would be delivered to the site approximately January 2025. Ifthat schedule is tracking, construction and restoration activities are expected to be completed by late Fall 2025 and restoring service on Segment 2 of the transmission line by January  2026.  III. Approval Criteria:  A decision on a conditional use application shall be made based on the following criteria:  1) Is eligible for conditional review under S 17.72.040;  Staff Comment - The application is eligible for conditional review subject to sections  17.84.070 & 17.84.080 as discussed above. 2) Is generally compatible with adjacent land uses;  Staff Comment - The existing transmission line pre-dates New Castle's industrial zone by several decades (platted in 2000). The utility's consistency with other industrial uses  Town Council Meeting Tuesday, May 21, 2024  5    in the area has generally been taken as a given. Nevertheless, consistency with surrounding uses has been a priority with the Applicant. The transmission line replacements will retain the same general appearance as the existing conductors. Replacement poles will remain brown though made of rusted steel rather than wood. Easements will be widened, following the general path of the existing easement, which will make minimal difference to the look of the landscape. Notably, new poles will significantly exceed the height of existing poles. Typically, this would be considered incompatible with adjacent land uses. However, heights for transmission towers are excluded from height 3) Meets all requirements of 5 17.84.020, is in compliance with Title 17 of the Code, and minimizes potential adverse impact of the conditional use on adjacent properties and Staff Comment - The application demonstrates compliance with Section 17.84.020 as overviewed in Section II above. The Applicant should also satisfy all recommendations specified in the referral comments submitted by the Town engineer and Colorado River  considerations per Section 17.84.040.  traffic flow;  Fire Rescue.  4) Is consistent with the comprehensive plan and  Staff Comment = The Comprehensive Plan provides guidance on impacts to the natural environment (Goals EN 1-2). Other than pole material and height, the transmission line project should retain the general appearance of the existing lines. Furthermore, though short-term impacts to the environment will be necessary during the replacement process, compliance with the Town Engineer's recommendations should help keep those impacts to 5) The Town has the capacity to serve the proposed use with water, sewer, and fire Staff Comment - The replacement project will not have any new impacts on water, sewer, and police protection. The Applicant has provided a health and safety plan which  a minimum.  and police, protection.  overviews fire mitigation and life safety strategies.  IV. Staff Recommendations:  Staff recommends approval of Resolution 2024-14 with the following conditions: 1. No construction shall begin until a conditional use certificate has been issued by the 2. No construction shall begin on a parcel until Applicant has obtained new or revised easements from all Property owners of that parcel. Applicant shall provide recorded copies of all such easement agreements to the Town either (1) at the pre-construction meeting  Town Planner subject to Section 17.84.040.  Town Council Meeting Tuesday, May 21, 2024  6    called for in Condition #5, below, or (2) later when obtained but prior to construction on an individual parcel for which the easement was granted. Notwithstanding the foregoing, Applicant shall provide easement agreements for all parcels that require helicopter operations for installation of power poles prior to the commencement of helicopter activity  on any of said parcels.  3. 4.  Prior to issuance of the conditional use certificate, the Applicant shall demonstrate Prior to the issuance of a conditional use certificate, a construction management plan shall be provided for review and approval by Town staff. A construction management plan shall include, but is not be limited to, the identification of off-site storage & delivery locations, any contractor off-site parking, refuse management, and bathroom locations.  conformance with recommendations provided by the Town Engineer and CRFR.  5.  The applicant shall conduct a pre-construction meeting with Town staff and relevant  agencies at least 14 days prior to the beginning of construction.  6. The applicant shall apply for any right-of-way permits through the Town's Public  Works Department.  7.  Easement adjustments shall be consistent with the site plan, as approved by Town Council. Each easement agreement shall include an exhibit showing the location of the 8. Applicant shall comply with all applicable building and municipal code requirements, 9. No approved conditional use may be altered, structurally enlarged, expanded in parking area or expanded in ground area unless the site plan is amended and approved in accordance with the procedures applicable to approval of a conditional use as set out in S 10. In the event the Town receives any complaints about the use of the site or observes or becomes aware ofa any violations of the conditional use approval, the Applicant and/or owner may be summoned before the Town Council in a public meeting to show cause why the permit should not be revoked, suspended, or additional conditions imposed. Such show-cause hearing shall be open to the public and the applicant or owner may present 11. All representations of the. Applicant in written and verbal presentations submitted to the Town or made at public hearings before the Planning Commission or Town Council shall be considered part of the application and binding on the Applicant.  easement across the subject property.  including all signage permitting, and county licensing requirements.  17.84.070 of the Code.  testimony or offer other evidence on its behalf.  Town Council Meeting Tuesday, May 21, 2024  7    12. The Applicant shall reimburse the Town for any and all expenses incurred by the Town regarding this approval, including without limitation all costs incurred by the Town's 13. Applicant shall be exempt from the Town's performance standards concerning noise for all construction and maintenance activity that requires use of a machine or other equipment that, as designed, may emit noise in excess of Town standards, provided that all such activities comply with any local, state, or federal requirements for use of the machine or equipment in question. Specifically, use of helicopters in connection with the Proposed Use shall comply with all applicable FAA standards and requirements.  outside consultants such as legal and engineering costs.  V. Application Exhibits:  A. B. C. E. F. I.  Land Development Application  CRFR Referral - Kurt Lundin, January 23, 2024 Town Engineer Referral - Jeff Simonson, January 24, 2024  D. Public Notice  Notarized Affidavit of Notice Signed Performance Standards G. Health and Safety Plan  H. XCEL Proposed Conditions to Resolution - Version 1 XCEL Proposed Conditions to Resolution - Version 2  Xcel Energy Representative Cory Miller reviewed his presentation with the council (Exhibit Mr. Miller said the project is a rebuild of the transmission line. The line extents from a substation in the City of Glenwood Springs Mitchell Creek Substation) to outside of City of Rifle (Ute Substation). The transmission line is also known as the 6584-transmission circuit. The project will be divided into two phases. The first phase connects with the town's substation on the western town boundary and extends to the Rifle substation. Then, the second phase will extend to the east through the Town of New Castle to the substation in Glenwood Springs. The line is being rebuilt due to wildfire mitigation; Xcel Energy has negotiated with the State of Colorado to rebuild several aging transmission lines throughout the state. The poles will be fire hardened with steel materials and bring Mr. Miller said the existing easement where the transmission lines sit has varying right of way widths. The range is between 30 feet to 50. The transmission lines occupy the middle or centerline of the easement. When the project is completed, Xcel is negotiating with private landowners to increase the width to 60 feet. There are several reasons for the increase such as fire mitigation to allow for proper fire buffer distances to be maintained. Mr. Miller said the pole height currently an average of 40 feet. The poles would increase to an average of 80 feet in height. The reason for the height adjustment is to consider the  C). In the presentation Mr. Miller explained what the project would be.  the lines to current standards.  The increase also helps with maintenance of the lines.  Town Council Meeting Tuesday, May 21, 2024  8    terrain. In addition, the poles will be equipped with a shield wire for static protection from lighting strikes; for the shield wire to operate properly the poles has to be a certain height. The current line doesn't have the technology for protection. Also, built into the Mr. Miller said the construction is scheduled for the third quarter of 2024. The construction of the first phase is currently anticipated to be in the middle of the phase around the Silt area, then work east towards New Castle. The current estimate for the construction work within New Castle would be at the end of 2024 or the beginning of 2025. The anticipation Mr. Miller said Xcel Energy did host a series of meetings to inform the community regarding the line replacement project in Rifle, Glenwood Springs and Parachute. Notices were also sent out to property owners within 300-350 feet of the project. Councilor Hazelton said his concern was sinkholes in the mountain. Currently there is a sinkhole that has been open for a year and that was listed as the number one priority to be fixed because of the danger. What are the considerations for possible sinkholes through the line. Mr. Miller said Xcel Energy has been in communication with the Bureau of Reclamation (BOR) regarding the current sinkhole. Xcel Energy's understanding is the BOR will start to fill the sinkhole in late summer of 2024. The BOR has requested an outage from Xcel Energy for BOR to work on the sinkhole. There are several transmission lines that interconnect with the substations, SO if Xcel Energy needs to take down a line for some reason, the substations can stay energized and there would not be a disruption Mayor A. Riddile said digging on the old mine could create a sinkhole. Mr. Miller said Xcel Energy's engineer does a study of the geotechnical of the soils to be able to spot situations such as sinkholes. There is a lot of studying that goes into the pole replacement Mayor A. Riddile asked if there were poles already replaced a few years ago. Mr. Miller said there could have been due to a defect in the pole. The poles would be replaced on as Mayor A. Riddile asked since the easements are increasing by 30 feet, the property owner wouldn't be able to build in the easement. Mr. Miller said structures would not be able to Councilor Copland asked if there would be any power outages dure the replacement would Councilor Carey asked what the proposed future use of the easements. Mr. Miller said it is to construct, maintain and operate the transmission lines above ground electricity only. Assistant Attorney Haley Carmer said that Resolution TC2024-14 lists all of the conditions and it also includes the specific list of the use in section 2a. Use of the Property for the construction, operation, and maintenance of an electric transmission line and related MOTION: Mayor A. Riddile made a motion to approve Resolution TC 2024-14, A  static wire has fiber communication built into it.  isto have the entire line rebuilt by the end of 2025.  in service.  projects prior to the design and installation of the poles.  needed bases. They would have been replaced with a temporary pole.  be built within the easement.  be. Mr. Miller said no there would not be outages during the project.  poles, towers, facilities, and equipment.  Town Council Meeting Tuesday, May 21, 2024  9    Resolution of the New Castle Town Council Recommending Approval of a Conditional Use Permit for Utility Transmission Line and Towers on Property Located in the Industrial Zone District. Councilor Mariscal seconded the motion Consider Ordinance TC2024-2, Authorizing the Sale of Real Property Owned by  and it passed unanimously. the Town (Second Reading) Councilor G. Riddile left at 8:10pm  MOTION: Mayor A. Riddile made a motion to approve Ordinance TC2024-2, Ordinance TC2024-2, Authorizing the Sale of Real Property Owned by the Town (Second Reading). Councilor Mariscal seconded the motion and it passed on a roll call vote. Councilor Mariscal: yes; Councilor Carey: yes; Councilor Hazelton: yes; Mayor A. Riddile: yes; Councilor Copeland: yes; Councilor Leland: yes.  Councilor G. Riddile returned at 8:12pm  Recess the Town Council Meeting, Convene the Local Liquor Licensing Authority MOTION: Councilor Hazelton made a motion to recess the Town Council Meeting and Convene the Local Liquor Licensing Authority. Mayor A. Riddile seconded the motion and it passed unanimously.  Consider Resolution TC 2024-13 - a Resolution of the New Castle Town Council Approving an Application from Colorado Drifters, LLC, DBA: Colorado Drifters/Down Valley Brewing Company for a Brew Pub Liquor License Town Clerk Mindy Andis said Colorado Drifters, LLC has applied for a brew pub liquor license for their business located at 589 W. Main Street, New Castle. Pursuant to state liquor law, the application has been sent to the state and it is under concurrent review with Liquor Enforcement. If the Authority chooses to approve the application, Colorado Drifters, LLC will be able to serve spirituous liquor as well as beer and wine. Brew Pub license requires that sandwiches and light snacks be available for consumption on the premises during business hours. The applicant applied for the license on April 17, 2024. All necessary documentation and fees have been submitted, and the hearing was properly noticed. Staff recommends that Council approve Resolution TC-2024-13, approving an application from Colorado Drifters, LLC for a Brew Pub Liquor License. Adopting this recommendation would be consistent with the requirements of the State Liquor Code. Adopting this recommendation would allow Colorado Drifters, LLC to serve malt, vinous and spirituous liquors for on-premises consumption and Town sales tax would be collected on sales of these beverages.  Town Council Meeting Tuesday, May 21, 2024  10    Mayor A. Riddile opened the public hear at 8:25pm. There were no public comments and Councilor Hazelton said his concern was the back of the building being licensed for alcohol service and there would not be any kind of monitoring by bartenders or servers. He would like to have the map amended to only include from the corner of the building to the alley, which would include the food trucks in front of the building and not include the back. Also, the concern is the control of over serving or underage serving. Mr. Joe Hemelt, owner, said the back would be completely inaccessible until they are ready to open the back yard Councilor Leland asked if there would be fencing. Mr. Hemelt said yes, there would be Attorney Carmer said the condition could read: The Town Council approves the Application subject to the condition that no alcohol shall be served on the southern one-third of the licensed premises shown on the diagram included in the Application until the Town Administrator confirms that said area has been adequately secured with fencing or otherwise and that Applicant has sufficient staff to monitor and serve the area. MOTION: Councilor G. Riddile made a motion to approve Consider Resolution TC 2024-13- a Resolution of the New Castle Town Council Approving an Application from Colorado Drifters, LLC, DBA: Colorado Drifters/Down Valley Brewing Company for a Brew Pub Liquor License with the condition. Councilor Hazelton Consider Reduction of Liquor License Fee for Drifters/Down Valley Brewing Mr. Hemelt said he is asking for the liquor license fee to be waived. He has paid $1,950.00 Attorney Carmer said the town would not be able to do anything with the state fees. With respect to the local fees, there are application fees and license fees. The state statue allows for the local authority to rebate the local license fees. The rebate would be for the Councilor Hazelton asked Clerk Andis if the license fee have been waived before for other Attorney Carmer said the fee would be rebated for 2024 license fee and not a general MOTION: Councilor G. Riddile made a motion to approve a rebate for the full liquor license fee for Drifters/Down Valley Brewing Company. Councilor Carey seconded the motion and it passed 5 to 2 on a roll call vote. Councilor G. Riddile: yes; Councilor Mariscal: yesi Councilor Leland: yes; Councilor Carey: yes; Councilor Hazelton: no; Councilor Copeland: no; Mayor A. Riddile: yes. Adjourn the Local Liquor Licensing Authority, Reconvene the Town Council Meeting  the public hear hearing was closed at 8:26pm.  and have staff to work in the backyard. temporary fencing put up.  seconded the motion and it passed unanimously.  Company.  state license fee and the town's fee is $750.00.  $750.00 license fee.  applicants. Clerk Andis said no. rebate of license fees for the future.  Town Council Meeting Tuesday, May 21, 2024  11    MOTION: Mayor A. Riddile made a motion to recess the Local Liquor Licensing Authority and Convene the Town Council Meeting. Councilor Hazelton seconded the motion and it passed unanimously. Executive Session for a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under CRS Section 24-6- 402(4)(b) regarding pending litigation against CVR Investors, Inc  Motion: Councilor Leland made a Motion at 8:24p.m. to go into Executive Session for a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. 24-6-402(4)(b) regarding pending litigation against CVR Investors, Inc. Councilor Hazelton seconded the motion  and it passed unanimously. Executive session concluded.  At the end of the executive session, Mayor A. Riddile made the following statement: "The time is now 8:45p.m. and the executive session has been concluded. The participants in the executive sessions were: Councilor Carey, Councilors Copeland, Councilor Leland, Councilor G. Riddile, Councilor Mariscal. Councilor Hazelton, Mayor A. Riddile, Town Clerk Andis, Assistant Town Attorney Haley, Town Planner Paul Smith and Town Treasurer Viktoria Ehlers. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record." Consider Approval of Settlement Agreement with CVR Investors, Inc. Attorney Carmer explained that there is a settlement agreement with CVR Investors, Inc. before the council. CVR Investors, Inc. is the entity who filed a lawsuit against the town in 2022 from the denial of a land use application in Castle Valley Ranch for Filing 11. The settlement agreement has all of the exhibits attached to it. The purpose of the agreement ist to resolve the lawsuit. The first component is to have a public hearing before the town council to reopen the PUD application for Filing 11 with a different proposal site plan with single family homes in 58 lots. The general concept of the filing is exhibit 1 of the settlement agreement. The council could consider the amended application and the public hearing. The public hearing for public comment would go to town council only. Then, following the public hearing based on the criteria for the approval of a PUD in Title 13 of the town code prior to the current code pursuant to the settlement agreement. Some of the standards in Title 14, which is the old version of the current code of Title 16 and Title 17, would be applicable to Filing 11 when it comes before the town council and future Filing 12 which CVR Investors may present at a later date. Filing 12 would also be considered under Title 13 and Title 14 instead of the current Title 16 and Title 17. Some of the exceptions are in the Public Works Standards Manual. Those exceptions are identified  No concerns were stated.  Town Council Meeting Tuesday, May 21, 2024  12    in section 5 of the agreement. There is also a dispute resolution process identified in the agreement. For specific disputes with section 5 of the agreement or addressing the Comprehensive Plan, there would be a process in place on how to keep the disputes streamlined. The last component is the agreement with SGM which is also part of the settlement agreement. The town would waive any conflict because SGM is the town's engineer as well as the engineer for CVR Investors. If the agreement is approved, then the appeal would be stayed until Filing 11 application is approved, then the lawsuit would be dismissed. Then, CVR Investors would proceed with the next PUD application. Councilor G. Riddile asked if the agreement does get approved, is the town allowed to inform the town residents that the agreement has been approved. Attorney Carmer said Councilor G. Riddile suggested creating a press release to inform New Castle residences and the press release should come from Town Administrator Dave Reynolds. Attorney Carmer said there is one amendment to the agreement. The amendment is in section 3(b) CVR Investors has 21 days from the date of the agreement for CVR Investors to submit materials for Filing 11 to go for the public hearing. The proposal is to change the 21 days to 60 days for CVR Investors to submit materials for Filing 11.  yes, since the agreement is a public document.  MOTION: Mayor A. Riddile made a motion to approve the Settlement Agreement with CVR Investors, Inc. Councilor Hazelton seconded the motion and it passed 4 to 3 on a roll call vote. Councilor Copeland: yes; Mayor A. Riddile: yes; Councilor Mariscal: yes; Councilor Hazelton: no; Councilor G. Riddile: no; Councilor Carey:  no; Councilor Leland: yes. Consent Agenda May 7, 2024 Minutes  MOTION: Mayor A. Riddile made a motion to approve the consent agenda. Councilor Hazelton seconded the motion and it passed unanimously.  Staff Reports  Town Administrator - not present  Town Clerk -Clerk Andis said Administrative Assistant Michelle Huster has been doing a good job and learning lots. Assistant Huster signed up to attend her first year of week- long Clerk Institute in July. Clerk Andis said Deputy Clerk Remi Bordelon, Assistant Rochelle Firth and Clerk Andis attended an ADA Compliance refresher course for the town's website. The website needs to ADA compliant by 2025 and they are working hard on the website. Clerk Andis said the month of May was the first month for the new meter reading for utility billing, sO far sO good. Assistant Huster, as part of her training, has been working on Standard Operating Procedure (SOP) for the office and for herself. Clerk Andis asked the council if they were looking at placing something on the November Ballot. Clerk Andis had received a letter from the County Clerk's office inquiring about ballot items. The council agreed there would not be anything for the November ballot. Clerk  Town Council Meeting Tuesday, May 21, 2024  13    Andis reminded the council about the CML Conference on June 18-21, 2024, in Loveland. Clerk Andis said the clerk's office is going into their second month of working 10 hours, 4- day work week. It has worked out well and the staff is liking the change. Clerk Andis said she had received word that there will a senior motor parade coming through town, Wednesday, May 22, 2024, around 6:30pm. The parade will start in Silt then come through town. Clerk Andis said Mayor A. Riddile had called stating the Coal Ridge Boys Baseball team had made it to state and would be coming through town with a police escort on Thursday, May 23, 2024, on their way to Denver around noon. Clerk Andis said 9 staff members and Councilor Copeland had attended Tips training on Monday, May 20, 2024. Clerk Andis said May 13, 2024, was the first court day with both the new town prosecutor and new municipal judge and the court day ran smoothly. Clerk Andis reminded the council to bring their code books into the clerk's office for updates. Town Treasurer Treasurer Ehlers said Finance Assistant Josie Wood had completed her first payroll period on her own and Treasurer Ehlers is training Assistant Wood on reconciliation of bank accounts. Treasurer Ehlers said in a couple of weeks she will start cross training Assistant Wood on Accounts Payable (AP). Treasurer Ehlers said the town is entering the renewal for 2025 for the property and casualty insurance. Treasurer Ehlers Town Planner - Planner Smith said R2 land use application is in process and will be going in front of P&Z on June 26, 2024, as a public hearing. Planner Smith said he has recently met with the Coal Seam developer. They will be submitting a combined application with a public hearing. Councilor Carey asked if the decision for a combined application was a staff decision. Planner Smith said no, the request was made with P&Z and P&Z allowed for the combined application. Coal Seam would then come to council as a  said the town has received the backfill for property taxes.  final application.  Public Works Director = not present  Commission Reports  Planning & Zoning Commission - nothing to report  Historic Preservation Commission - Councilor Hazelton said Mari Riddile and Richard Fletcher were sworn in. There was discussion of possibly doing another historic survey or possibly talking with downtown owners to get more interest in historic preservation. Climate and Environment Commission = Councilor Leland said there was a lot of discussion around the bag fee and what the commission could do with the money. Administrator Reynolds will meet with the commission to plan for the money. Senior Program - Clerk Andis said the board is continuing working to on a survey to go to the senior population for the senior programs and if there is more that can be done to RAFTA - Mayor. A. Riddile said they talked about code enforcement for people AGNC - Councilor Hazelton said he is still waiting on more information on the grant process for the grant from Senator Lauren Bobert's office. AGNC has reopened for a second mini grant opportunity since there was money still available. He reached out to GCE - Councilor Leland said they had their annual workshop strategy meeting. GCE reviewed the organization's goals. There was a suggestion for the town to look into  help the seniors.  encroaching on the Rio Grande Trial.  Assistant Firth to apply for the second grant.  Town Council Meeting Tuesday, May 21, 2024  14    purchasing an EV to the fleet. The 6 towns and Garfield County who are part of GCE could Detox = Councilor Mariscal said the ribbon cutting will be Thursday, May 23, 2024, from Councilor Hazelton congratulated Clerk Andis for being on the Internation Code Council Clerk Honor Roll. Councilor Hazelton explained he respects and understands where people are coming from regarding the fees for Drifters. He said he has concerns for business in the past who have not had the same Councilor Leland said he believes Johnson Construction has done a good job with the construction at the 4-way intersection to keep the traffic moving. Councilor Copeland said the Historical Society is having their annual potluck fund raiser Saturday, June 8, 2024, 5:00pm - 7:00pm at the River Center. The Historical Society wanted to thank the Town of New Castle for all of the help  go in together and do a group purchase for a discount.  EAB - nothing to report 3:30pm to 5:00pm. Council Comments  opportunity.  given to them for the museum. Items for Future Council Agenda  Nothing to add  MOTION: Mayor A. Riddile made a motion to adjourn. Councilor Carey  seconded the motion and it passed unanimously.  The meeting adjourned at 9:16p.m. Respectfully submitted,  / / ( SEAL COUNTY * OLORADO    GBDR  Màyor A. 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