New Castle Town Council Regular Meeting Tuesday May 7, 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 Carey  Mayor Pro Tem Hazelton (took over 10:05pm) Mayor A. Riddile (left at 10:05pm) Councilor Copeland (appeared by ZOOM)  Councilor Leland Councilor G Riddile Councilor Mariscal  Absent  Also present at the meeting were Town Administrator Dave Reynolds, Town Clerk Mindy Andis, Town Treasurer Viktoriya Ehlers, Assistant Town Attorney Haley Carmer, Town MOTION: Mayor Art Riddile made a motion to excuse Councilor Mariscal's absence. Councilor Hazelton seconded the motion and it passed unanimously. Clerk Andis verified that her office gave notice of the meeting in accordance with  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 There were no agenda changes.  Councilor G. Riddile he would be recusing himself from item I. The discussion regarding  Citizen Comments on Items not on the Agenda and nothing was going to be done until tomorrow. Consultant Attorney -present for agenda items only.  New Castle resident Patrick Boas said he had concerns of water line break on his street  Consultant Reports  Consultant Engineer - not present Items for Consideration  Town Council Meeting Tuesday, May 7, 2024  1    Proclamation Honoring the Coal Ridge High School Coed Cheer Team  Mayor A. Riddile read the proclamation into the record. Proclamation Historic Preservation Month Mayor A. Riddile read the proclamation into the record. Proclamation Municipal Clerks' Week Mayor A. Riddile read the proclamation into the record.  Consider Appointment of Kendall Bakich to the Climate and Environment Councilor Carey introduces Kendall Bakich. Councilor Carey said she works for Colorado Parks and Wildlife, and she is a fish biologist. Councilor Carey said she MOTION: Councilor Carey made a motion to appoint Kendall Bakich to the Climate and Environment Commission. Councilor G. Riddile seconded the Recess the Town Council Meeting, Convene the Local Liquor Licensing Authority MOTION: Councilor G. Riddile made a motion to recess the Town Council Meeting and Convene the Local Liquor Licensing Authority. Councilor  Commission (CEC)  would be a great fit for the commission.  motion and it passed unanimously.  Carey seconded the motion and it passed unanimously.  Consider a Special Events Liquor License from the Town of New Castle for the Rides & Reggae Event on August 2, 2024 and August 3, 2024 Town Clerk Mindy Andis said The Town of New Castle through its representative Adam Cornely requests that the Town of New Castle obtain a special events liquor license for the New Castle Trails Rides & Reggae Event, located in VIX Ranch Park, on Friday, August 2, and Saturday, August 3, 2024. She said if council's consensus is to approve the attached application for a special event liquor permit for the Town of New Castle/New Castle Trails, the clerk's office staff recommends that council consider the following conditions: 1) That although the application requests a permit time until 11:00 p.m. on August 2 and 4, 2024, staff recommends alcohol be served only until 10:30 p.m., and alcohol be allowed on premises until 11:00 p.m. Staff also suggests that a 100% ID check be conducted, and that wristbands or handstamps be provided to guests over the legal drinking age of 21. 2) Currently, all of the representatives or members of RFMBA/New Castle Trails SafeServ (TIPS) certificates have expired and should be recertified. 3) Staff notes that Garfield County Public Health requires an  Town Council Meeting Tuesday, May 7, 2024  2    event plan review application/approval be completed. Staff suggest that New Castle Trails complete the application and submit it since they are the event coordinators. 4) Staff further suggests that approval from Garfield County Public Health must be submitted to the clerk's office before a liquor license may be issued. Clerk Andis said' Town Administrator Dave Reynolds filed the application on behalf of the Town of New Castle and New Castle Trails through its representative Adam Cornely on March 8, 2024, which is acceptable by the State Liquor Code. The public hearing has been properly noticed. The application is properly completed. Mayor A. Riddile opened the public hear at 7:30pm. There were no public comments and Mr. Graham Riddile representative for RFMBA/New Castle Trails said that he and Adam Cornley would be taking the TIPS training on Thursday, May 9, 2024, and would provide the certificates to Clerk Andis. He also said that he would provide food truck information and food menu to Clerk Andis once they have made the decision. MOTION: Councilor Hazelton made a motion to approve the special events liquor license from the Town of New Castle for the New Castle Rides & Reggae event on August 2, 2024, and August 3, 2024, and that service hours will be as stated in the application. Councilor Copeland seconded the motion and it passed Adjourn the Local Liquor Licensing Authority, Reconvene the Town Council Meeting MOTION: Councilor Hazelton made a motion to recess the Local Liquor Licensing Authority and Convene the Town Council Meeting. Councilor G. Consider Resolution TC 2024-12, A Resolution of the New Castle Town Council Recommending Approval of a Conditional Use Permit for Mobile Vending Carts or Stands (I.E., Food Trucks) on Property Located in the C-1 Zone District  the public hear hearing was closed at 7:31pm.  unanimously.  Riddile seconded the motion and it passed unanimously.  Planner Paul Smith reviewed his staff report with the council.  L.Background:  The, Applicant proposes the use of mobile food vendors for the property located at 589 WI Main St. in downtown New Castle. "Mobile vending carts or stands, ' are listed as conditional uses in the Commercial C-1 district (MC: Section 17.36.050). There are currently no conditional use permits for mobile food vendors in New Castle, except temporary permits issued during organized events in public  open. space. such as Burning Mountain Park or VIX Park.  The application submittal, provides context for the request: The applicant is currently repurposing the existing "Texaco"s structure for a brewery and tavern. Presently no bona fide restaurant is anticipated on the premises but, per state. statue, food will be available for purchase  Town Council Meeting Tuesday, May 7, 2024  3    within the brewery itself orj from the proposed mobile vendors. A: small music venue is also being considered for the front exterior sitting area. Exhibit A, shows the proposed food truck locations On April 10th, 2024 the Planning Commission approved PZ: 2024-2 recommending conditional approval of up two (2) mobile food vendors on the premises toi improve dining options and provide ar rotating selection of food options for patrons of the brewery. Colorado Drifters anticipates having at least one food truck regularly available for breakfast and dinner during the week and implementing al lunch option on a later date. The food truck/trailer location will be prepped and ready by. July 2024. No more than two (2) food trucks would be in operation on the premises at As a 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.  positioned directly west of the existing building.  any one time.  Approval Criteria: An approved application shall:  1.) be eligible for conditional review under S 17.84.040; 2.) be generally compatible with adjacent land uses;  3.) meet all requirements of S 17.84.020 of the Code, is in compliance with Title 17 of the Code, and minimizes potential adverse impact of the conditional use on adjacent properties and  traffic flow;  4.) be consistent with the comprehensive plan; and  5.) evidence that the Town has the capacity to serve the proposed use with water, sewer,  fire, and police protection.  II.  Application Requirements:  The purpose of a conditional use permit is to determine if the nature of the proposed use is appropriate for the location and character of surrounding land uses and poses little negative  impact to the health and wellbeing of New Castle residents.  1. Site Plan:  a. Adjacent land uses and location of adjacent structures;  Land uses surrounding the property vary. Single-family homes exist to the north across US 6 and immediately to the east. The Town's public parking lot ("Kamm Lot") is found west off of Kamm Ave. Tot the south, the property is separated from the railroad tracks by an alleyway. Elsewhere in the  vicinity are a restaurant, a hotel, and the Town's sewer treatment facility.  Town Council Meeting Tuesday, May 7, 2024  4    Staff Comment - The C-1 zone allows for a diverse mix of businesses and services, including restaurants. Though food trucks operate similarly to restaurants, they are unique by virtue oft their outdoor service component. Food trucks at the proposed location are generally consistent with the C- 1zoning but, like any establishment, may be prone to adverse effects on the immediate surroundings if not properly managed. Therefore, compliance with the attached performance standards will be  enforced throughout the life of the CUP.  b. Boundary and: size of lot;  589 W Main Street is 100ftx100ft (about twice the area of al basketball court). The Applicant plans for the mobile food vendors to be situated on the southwest corner of the property at a right angle. The vendors have been purposely located off the main corner of Kamm Ave. & US 6i in order to preserve the line of sight for vehicle and pedestrian safety (See Municipal Code Section 17.72.110). Note also that the submitted site plan shows the food truck footprint only, and omits generators, signage, tables or  other accessory items common with these establishments.  Staff Comment - Positioning the vendors on the southwest corner of the lot will help limit the impacts of light, sound, and smells on neighboring residential properties. The food trucks will also be set back from the existing building a minimum of 10ft for life safety. Staff further recommends, instead of ai fixed location to the west side of the building, that a 20-25 ft wide parking envelope be considered on the south and west property boundaries. This alternative will provide flexibility of service for both larger events and/or patio dining in the rear of the property. The Applicant is still finalizing plans for thel brewery remodel, including outdoor dining. It may be helpful for the Applicant to specify the remaining use of the outdoor space sO that Council may ascertain whether the lot size is adequate for the concurrent operation of the brewery  and two mobile food trucks. Building location, height and setbacks;  The setbacks for C-1 zone are zero feet in the front/sides and five (5) feet in the rear. Food trucks/trailers will be parked along the side or rear property lines. Also, the Texaco building is approximately 181 ft tall whereas a typical food truck/trailer is about  101 fttall.  Staff Comment - Mobile food vendors range in size. Staff recommends retaining the aesthetic of downtown by restricting the truck/trailer heights to no more than that of the existing building. Ifoperations are kept to the perimeter oft the property, Staff believes the trucks/trailers will act as an enclosure that enhances the dining appeal and safety  Town Council Meeting Tuesday, May 7, 2024  5    oft the rear (south) space.  d. Off-street parking and loading areas;  Off-street parking is not a requirement of the C-1 zone district and is therefore not depicted on the site plan. Off-street parking is provided ini the nearby Kamm lot (10) total spaces of which two are EV & one is veteran parking). On-street parking is limited to only those spaces on US6. Public Works is agreeable to two, 60-minute loading spaces on the east side of Kamm Ave. south of the 30' vision triangle. No additional Staff Comment - Kamm Avenue is roughly 34ft wide from face of curb-to-face of curb. Assuming two 12 ft drive lanes, 10 ft may be available for vehicle parking along the street's east side. These few spaces may be advantageous for temporary loading and stocking of the trucks/trailers. Loading areas may also be available in the rear of the lot. Staff recommends that the Applicant specify the use of the south side of the lot (patio seating, food vendors, parking, temp loading, etc.) to aid Council's assessment. The trucks/trailers themselves may access the premises from either Kamm Ave. or the alleyway. However, other than temporary loading from Kamm Ave., in no instance shall vendors use the public rights-of-way for general business operations unless  loading areas were considered relevant.  approved as part of the CUP. e. Points of ingress and egress;  The property will have an open site plan for dining. Patrons will generally access food vendors from the front (north) side of the premises with some emerging from the rear building exit. An unobstructed means of egress path from the brewery building is expected during all hours.  Staff Comment = Ini terms of safety and aesthetics, Staff preferences the general southwest lot area for vendor operations. It is possible to stage on the north side of the property, however, this area was rendered less desirable to the Applicant. The mobile food vendors will be prohibited from parking in a manner which interferes with the exit  pathway from the south exit of the existing building.  Service and refuse areas;  The Applicant has verbally committed to locating trash receptacle on the southeast corner of the lot as depicted on the site plan. All food preparation is expected to occur within  the trucks/trailers or off-site in a commissary kitchen.  Town Council Meeting Tuesday, May 7, 2024  6    Staff Comment - Trash pick-up should take into consideration refuse volumes from both brewery and food trucks. Ideally the refuse containers will be located on the southeast corner of the lot to facilitate ease of access for trash collectors and help with curb appeal. Grease or extraneous food waste produced by the mobile food vendors shall be disposed off-site as regulated by Garfield County Public Health and Human  Services.  3. Signs and exterior lighting;  Section 17. 40.130 requires that exterior lighting in the C-1 district encourage pedestrian activity and, at the same time, limit lighting trespass. The application does not provide lighting or signage specifics, indicating only that signage and lighting willl be mounted to  the food trucks.  Staff Comment - Exterior lighting shall be downcast and fully shrouded per dark-sky design specifications. "New Castle will require lighting design that minimizes lighting trespass while meeting appropriate safety standards, as well as "minimize after-hours business lighting," (Goal EN-4, Comprehensive Plan pg. 66). Flood lights would typically not be permissible. For signage the  proprietor of the truck/trailer will be responsible for a sign permit.  h. Fencing, landscaping and: screening;  Town code prohibits (Section 17.40.120) exposed mechanical and electrical equipment from undermining the historic character of the district. The submittal does noti indicate locations of auxiliary equipment (e.g. generators, power cords, propane tanks), items often indispensable to the operation of a mobile food vendor. Also, food trucks commonly cordon off space around the vehicle with a combination of cones, ropes, flags, or fencing framing the dining location and buffering patrons from ambient street  noise.  Staff Comment - Staff recommends that the Applicant provide means and methods for managing any auxiliary equipment or any other apparatus which may detract from  the downtown character.  Compliance with performance. standards;  Compliance with performance standards is required in the Municipal Code, Section 17.72.090. Performance standards protect the public against nuisances such as smoke, particulate matter, odors, glare, vibration, radiation, electrical disturbances, noise and water pollution. Per Town code (and state statute), the noise produced in a commercial zone shall not exceed the limit of 60 db(A) (i.e. normal conversation volume) during  7am-7pm and 55 db(A) during 7pm to 7am, in commercial zones.  Town Council Meeting Tuesday, May 7, 2024  7    Staff Comment - The application does not speak to potential noise from generators, fumes from cooking, and exhaust from various equipment. Noise and odors are potential nuisances relevant to this CUP. Staff recommends that the Applicant provide strategies for managing potential generator noise and cooking odors as necessary. The  applicant has signed the Performance Standards.  Anticipated utility requirements;  Utility requirements ofi food trucks are normally self-reliant with a generator or battery. Ins some cases electricity may need to be supplemented from the existing building.  Propane is the traditional fuel for cooking. have further comment on this item.  Staff Comment = Other than what is discussed in sections (h.) and (i.), staff does not  I. Staff Recommendations:  Staff recommends approval of Resolution 2024-02 with the following conditions:  1. No more than two mobile food vendors will be permitted on the premises within the allowable parking location as depicted in green on Exhibit B. Other types of mobile venders are not  authorized to operate under this conditional use permit.  2. Daily hours of operation will be no earlier than 7:00 am and no later than 10:00 pm. 3. The bathroom facilities of the Texaco building shall be made available to food truck/trailer employees during all hours of operation. Alternatively, 3rd-party bathrooms and hand washing stations shall be supplied per the requirements of Garfield County Public Health and Human  Services.  4. Any auxiliary equipment, materials, or supplies necessary for the function of any food trucks/trailers shall be stored out of site or otherwise screened from public view by means of fencing, landscape ornamentation or other approved means of concealment.  5. Adequate trash receptacles shall be maintained on the southeast corner of the premises. 6. Illustrate locations of on-site parking or designated loading areas as necessary. Any on-site parking shall comply with the accessibility requirements of the International Building Code, Section 1106. Two, 60-minute loading spaces (10' wide x 20' long) are permitted on the east  Town Council Meeting Tuesday, May 7, 2024  8    side of Kamm Ave. south of the 30' vision triangle illustrated in Appendix B.  7. The use approved ini the application shall not be conducted until the Town Planner has issued a conditional use certificate. That certificate shall be issued only after the Applicant has entered into an agreement with the Town specifying that all conditions imposed by Town Council will be completed and that the use and improvements will be in accordance with the approved application site plan and development schedule. The conditional use certificate must be issued within one year of the date of final approval by Town Council, or the application is deemed  withdrawn by the Applicant and is of no further force and effect.  8. No approved conditional use may be altered or expanded in ground area unless the site plan is amended and approved in accordance with the procedures applicable to approval ofa a  conditional use as set out in S 17.84.070 of the Code.  9. Int the event the Town receives any complaints about the use of the site or observes or becomes aware of 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 testimony or offer other  evidence on its behalf.  10. Applicant shall comply with all applicable building and municipal code requirements, including the sign code and all accessibility requirements, as well as all performance standards, county 11. Any added exterior lighting will be dark sky compliant pursuant to the Comprehensive Plan Goal 12. 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  licensing, and public health requirements.  EN-4.  considered part of the application and binding on the Applicant.  13. 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 outside  consultants such as legal and engineering costs.  Town Council Meeting Tuesday, May 7, 2024  9    Councilor Carey asked if the restroom and handwash station are a requirement from the county and does there need to be additional restrooms available if there are two food trucks at the same time. Planner Smith said his understanding was from the county is there needs to be restroom and a handwashing station. If Drifters is not open then the food truck would need to have a port-a-potty and handwashing station. Joe Hemelt, owner of Drifters said if by some chance Drifters isr not open then the food truck would have access to the building, which would be Mayor A. Riddile asked if there would always be two food trucks on the property. Alex Polly, partner of Drifters, said there would be one main food truck, possible two if there is an event going on in town. Ellery's Eatery Food Truck would be the Bryan Flemming, owner of Ellery's Eatery Food Truck, said the idea is to have breakfast and diner style food. The options would be hamburgers, wings, hot sandwiches and such. The menu will rotate as there will be weekly if not daily Councilor Hazelton expressed concern with the second food truck. His concern is making sure the food trucks that appear for a night, or a weekend has the appropriate licensing and have been through the health department process. Councilor G. Riddile said he didn't believe there was a concern because the county process is in the CUP and if there becomes a problem then the CUP could come Councilor Carey said she would like to see the second food truck at bigger town events such as Burning Mountain Festival. Mr. Polly said that was the idea to promote the business. They would be thoughtful of other businesses in town and Councilor Hazelton said he is in support of the one food truck and would like to Councilor Carey asked when the second food truck would come in. Mr. Polly said they would like to bring the second truck in once there is enough demand for it. He would like to offer a second food truck three times between now and the fall.  part of their agreement with the food truck.  main truck on the property.  specials.  back to council for review.  have a variety of food available.  have the second truck to be reconsidered at some point.  Town Council Meeting Tuesday, May 7, 2024  10    Councilor G. Riddile suggested to have the applicant come back to council in a year to report how the second food truck has worked out. Mr. Polly said that Councilor Hazelton asked about the electricity or the generators for one or two food trucks. Mr. Hemelt said he is putting in a large amp electricity and there will be plenty of electricity for the food truck without running a generator. Mr. Flemming said the health department would prefer there not be generators running. The food truck would be hooked to electricity and water on the property like setting up in an RV Park. He said his gray water would be serviced through a local company. He would not be running a generator at all unless the power goes Assistant Town Attorney Haley Carmer said there needs to be a change in the conditions in the resolution. The first change is condition B match condition 2 in the staff report. The condition should read: Daily hours of operation will be no earlier than 7:00am and no later than 10:00pm. The second change is condition Fin the resolution. The condition should match condition 6 in the staff report. The condition should read: Illustrate locations of on-site parking or designated loading areas as necessary. Any on-site parking shall comply with the accessibility requirements of the International Building Code, Section 1106. Two, 60-minute loading spaces (10' wide x. 20'1 long) are permitted on the east side of Kamm Ave. south of the 30' vision triangle illustrated in Appendix B. She said the addition condition regarding the food truck would be: After one year of operation of the use approved by the resolution, applicant shall meet with town council to review the operations and impacts of the second food truck approved  would be fine.  out.  by the resolution.  MOTION: Mayor A. Riddile made a motion to approve Resolution TC2024-12 - A Resolution of the New Castle Town Council Recommending Approval of a Conditional Use Permit for Mobile Vending Carts or Stands (I.E., Food Trucks) on Property Located in the C-1 Zone District with the conditions outlined by Town Attorney Carmer. Councilor G. Riddile seconded the Recess the Town Council Meeting, Convene as the Water and Sewer Enterprise MOTION: Councilor G. Riddile made a motion to recess the Town Council Meeting and Convene the Water and Sewer Enterprise. Councilor Hazelton seconded the motion and it passed unanimously.  motion and it passed unanimously.  Town Council Meeting Tuesday, May 7, 2024  11    Consider Reduction of Water & Sewer Tap Fees for Drifters/Down Vally Administrator Dave Reynolds said Drifters Coffee and the new brewery business will be at the old Texaco building. Business owner Joe Hemelt and his business partners are in the process of renovating the old Texaco building on Main Street and moving Drifters Coffee to the new location. The new shop will feature a Brewery/ Brew Pub type business and is expected to change the look and feel of this historic downtown building. The Town of New Castle has taken significant steps on behalf of this endeavor by helping to facilitate the sale of the property, making arrangements to relocate the existing U-Haul Business, changing the Municipal Code to allow Breweries asa permitted use in Downtown, considering a Conditional Use Permit to allow the operations of a Food Truck on the Texaco property, and consulting with the owners to help walk them through various processes. Like any new business, the owners of this endeavor are investing significant funds into the renovation of the building, the move of their existing business, and the startup of a new business venture. As funding becomes tight for the project the owners are looking for avenues to cut expenses to keep the project moving forward. One significant expense that the owners would like to explore their options for is the Town's Tap Fee costs. New Castle Municipal Code Sec 13.20.160 allows qualified downtown business owners to work with the town to explore and negotiate Tap Fee Agreements. Town staff has prepared calculations for the tap fee costs related to this business endeavor and will provide the council with the Approval Administrator Reynolds reviewed calculations for the tap fees (Exhibit B, C&D). Administrator Reynolds reviewed the 7 requirements to be met to enter into a Mr. Hemelt thanked town staff for all of their help with the process of expanding their business. He is asking the town for help with the fees to help them to be able to open the business. Mr. Hemelt was asking for the fees to be either waived or to be paid by the town. He said in two years' time the taxes paid to the town from the sales would be more than paid back in kindness. Planner Smith asked if Mr. Hemelt considered being historic designated. Mr. Hemelt said yes. He is currently going through the state process. Councilor Leland said with the monitoring of the brewery for a period of two years the town would know how much of a tap fee to charge. Mr. Hemelt said he would like all of the fees to be waived. Councilor Leland asked if the tap fees to be charged would be at 2024 rate or the rate in two years. Administrator  Brewing Company  Criteria and options available related to Tap Fee Agreements.  tap fee agreement (Exhibit E).  Reynolds said the fees would be the 2024 rate.  Town Council Meeting Tuesday, May 7, 2024  12    New Castle business owner, Troy Tritschler, said Drifters has been a great asset Glenwood Springs resident and business owner, Mitchell Wigner, said he agreed New Castle resident Sharon Dryden, said she also agrees with what has been New Castle resident Timothy Lavin urged the council to help Drifters with the fees. New Castle is a small town and the owners have done good things for the The council discussed many options regarding the tap fees and what would be appropriate. The council agreed to an approximately $6,000 tap fee agreement and approximately $6,000 grant. The agreement would be five years with one year payment deferment with zero percent interest. Staff will speak with Mr. Hemelt and partners to create a tap fee agreement. The agreement will come Adjourn the Water and Sewer Enterprise, Reconvene the Town Council Meeting MOTION: Councilor G. Riddile made a motion to recess the Water and Sewer Enterprise and Convene the Town Council Meeting. Councilor Carey seconded the motion and it passed unanimously. Consider Reduction of Town Fees for Drifters/Down Vally Brewing Company Administrator Reynolds said business owner Joe Hemelt and his business partners are in the process of renovating the old Texaco building on Main Street and moving Drifters Coffee to the new location. The new shop will feature a Brewery / Brew Pub type business and is expected to change the look and feel of In connection with the new business operations, Joe and his team are asking for reductions in Town Fees which include Tap Fees, Permit Fees, Conditional Use To date the endeavor has paid $25 for a Demolition Permit, $500 for the Food Truck Conditional Use Permit, and a $500 deposit that is used by the Town for professional consulting fees during the Food Truck CUP process (this deposit is Based on information provided by Joe and his team, staff calculates that the  to the town and owners are community minded.  with Mr. Tritschler.  said.  community.  back to the council to review the agreement.  this historic downtown building.  Permit Fees, and Demolition Permit Fees.  refundable if not used).  Building Permit Fees will be as follows:  Town Council Meeting Tuesday, May 7, 2024  13    Building Permit Plan Review Fee Use Tax Mechanical Permit Plumbing Permit Water Meter Total Permit Fees:  $1,027.00 $ 667.55 $ 900.00 $ 225.00 $ 225.00 $292.00 $3,336.55  Per Council direction, the staff has issued the Building Permits but has not yet charged the above fees pending Town Council direction on this matter. MOTION: Councilor Carey made a motion to waive the fees for building permit, plan review fee, mechanical permit, plumbing permit and water meter for Drifters/Down Valley Brewing. Councilor Leland seconded the Consider Ordinance TC2024-2, Authorizing the Sale of Real Property Owned by  motion and it passed unanimously. the Town (First Reading). Councilor G. Riddile left at 9:42pm  Attorney Carmer said the town charter requires the town to approve the real sale by passing an ordinance. The ordinance also authorizes the town administrator to the mayor to sign the closing documents. The ordinance to for 600 West Main Street. MOTION: Councilor Leland made a motion to approve ordinance TC2024-2, Authorizing the Sale of Real Property Owned by the Town (First Reading). Councilor Carey seconded the motion and it passed on a roll call vote: Councilor Leland: yes; Councilor Copeland: yes; Mayor A. Riddile: yes; Councilor Hazelton:  yes; Councilor Carey: yes.  Councilor G. Riddile returned at 9:44pm.  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 9:45p.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.  Town Council Meeting Tuesday, May 7, 2024  14    Executive session concluded.  At the end of the executive session, mayor Pro Tem Hazelton made the following "The time is now 10:00p.m. and the executive session has been concluded. The participants in the executive sessions were: Councilor Carey, Councilors Copeland, Councilor Leland, Town Administrator Reynolds, 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  statement:  state your concerns for the record." No concerns were stated.  MOTION: Councilor Leland made a motion to extend the meeting past 10:00pm. 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 10:01p.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  Councilor Carey seconded the motion and it passed unanimously.  motion and it passed unanimously. Executive session concluded.  At the end of the executive session, Mayor Pro Tem Hazelton made the following "The time is now 10:02p.m. and the executive session has been concluded. The participants in the executive sessions were: Councilor Carey, Councilors Copeland, Councilor Leland, Town Administrator Reynolds, 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  statement:  state your concerns for the record." No concerns were stated.  Consider Approval of Settlement Agreement with CVR Investors, Inc.  Town Council Meeting Tuesday, May 7, 2024  15    MOTION: Councilor G. Riddile made a motion to postpone the approval of the settlement agreement until the next meeting, May 21, 2024, due to one councilor and the mayor being absent. Councilor Carey seconded the motion and it passed  unanimously. Consent Agenda April 16, 2024 Minutes April Bills $678,448.98  Report of Changes for Kum & Go Liquor License  MOTION: Councilor Leland made a motion to approve the consent agenda. Councilor G. Riddile seconded the motion and it passed unanimously.  Staff Reports  Town Administrator = Administrator Reynolds said he had spoken with Mr. Hemelt after they spoke to council verifying a decision was not made tonight in regard to the tap fees. Administrator Reynolds asked them to come back with a proposal and to meet with him to create a tap fee agreement which would be suitable for both Drifters and the town council. The agreement would come back to the council on June 4, 2024, for a review. Councilor G.F Riddile suggested the next time something like this happens there needs to be a subcommittee created with two councilors to create an agreement and then bring the agreement to the council in a regular meeting. Administrator Reynolds said he did meet with the owners of Drifters and walked them through the process and what Administrator Reynolds would be reporting to the council. He also gave them time to prepare for the council meeting and figure out exactly what they were going to be asking for. Mayor Pro Tem Hazelton said he Is willing to work with the owners of Drifters but also need to be Administrator Reynolds said he called Public Works Director John Wenzel in regard to Mr. Boas concern regarding the water line break. Director Wenzel told Administrator Reynolds that the service line into Mr. Boas's house broke and the break was under the road. The Public Works Department went and met with Mr. Boas. Public Works assessed the situation and realized Public Works didn't have the right materials to tear up the road, shutoff the neighborhood and do the project today. The water is coming up through the road and the water would not ruin Mr. Boas foundation. The water is running down the road and into the gutter. Public Works made the decision to gather the materials needed today and shutoff the water tomorrow and make the repair. Public works noticed the neighborhood about the shutoff. Administrator Reynolds called Mr. Boas back and spoke with him and explained that the Public Works Department had gone out and assessed the water break and had informed Mr. Boas of what the plan was going to be. Administrator Reynolds said Representative Lauren Bobert had put out an announcement through AGNC. There is funding called "Community Funding" and Rep. Bobert has been allocated $20million to local communities for projects. Staff was able to put together a grant asking for $3.5million for the southside intercept project. The grant was due on Thursday and the town was notified Friday morning that Rep. Bobert had chosen the towns application to move forward in the review and approval process. Rep. Bobert's office reached out to the town needing letters of support. Staff went around town to have  realistic about the ask.  Town Council Meeting Tuesday, May 7, 2024  16    local businesses sign the letter and also had Steve Rippy sign the letter as well. Administrator Reynolds reminded council about the Ice Cream Social schedule for July 12, 2024, from 3pm - 5pm at Burning Mountain Park. Staff has received a lot of interest from town partners such as the library, fire department etc.. Administrator Reynolds also reminded council about the "Redneck" BINGO the town is the host for the chamber. BINGO is June 13, 2024, at the Community Center at 6:30pm. Staff will be running the concessions and will have the option to decided how to use the money from the Administrator Reynolds said he will be leaving on vacation tomorrow afternoon and will not be back until late Tuesday, May 21, 2024. So, he will miss Tuesday, May 21, 2024 Administrator Reynolds said Kathryn Senor Elementary (KSE) PTA approached staff to have a meeting with two of the PTA members. The PTA want to do new playground equipment that would be handicap assessable. The PTA would be looking at Great Outdoors Colorado (GOCO) grants. However, the school doesn't qualify for the grants, but the town does. GOCO will not give money to a school unless the grant is sponsored by the town. Staff also suggested FMLD grant and doing a partnership grant. The playground equipment wanting to be replaced would be open to all of the town. The PTA will be Administrator Reynolds said the town was awarded the grant for the round-about. It would be a good idea to have the Capital Committee meet again to reevaluate the funds Administrator Reynolds asked the council about the July 2, 2024, council meeting, if the council would want to cancel or reschedule that council meeting, since the 4th falls on a Administrator Reynolds said the town's cemetery caregiver, Mike Miller, has resigned from the maintenance of the cemetery. Mr. Miller would like to continue marking graves and placement of headstones. Administrator Reynolds said he met with Director John Wenzel and decided to have the parks department take over the maintenance of the cemetery. Administrator Reynolds said Mr. Miller would like to create rules for the cemetery in regard to decorating plots and also placing signage on where people could and couldn't walk. Administrator Reynolds said HPC is researching and considering designating the cemetery Administrator Reynolds said Chief Burrows will be gone on vacation from May 15, 2024 = May 24, 2024. He said Lieutenant Stu Curry has been given distinct direction on how to handle situations that may come up. Administrator Reynolds said there have been two new officers sworn in and another will be sworn in. Chief Burrows has received an application from another applicant who would be a good candidate for the police department. The applicant has a mission trip planned and a vacation planned, and the town is willing to work around that. Chief Burrows has made a job offer pending final oral board review and physical review. Once the applicant is hired the police department will be fully staffed. Councilor G. Riddile said the police department can't or: shouldn't stop recruiting. Administrator Reynolds said the town should start looking for a school resource officer and a code enforcement officer to help the planning department. Administrator Reynolds said Glenwood Springs has had an issue with one of their officers who was a roommate of one of our officers. There have been conversations with our  concessions. council meeting.  coming to council in June. int the capital project fund. Thursday this year.  as a historical landmark.  Town Council Meeting Tuesday, May 7, 2024  17    officer to ensure there would be no surprises.  Administrator Reynolds said there will be an Open House for the Round-About on June 11, 2024, at the Community Center. The plans for the round-about will be laid out and would Town Clerk -Clerk Andis said since it's late she would report at the next meeting. Town Treasurer Treasurer Ehlers said the public works department received their new truck. She said she is almost at the end of the audit. The auditor is asking for additional items now. She will have the quarterly report done and sent to council. Administrator Reynolds thanked Treasurer Ehlers for all of her hard work she has done for the audit. Town Planner = Planner Smith said there is another CUP tomorrow night with P&Z for Xcel Energy. He said R2 Development does have their preliminary plan application  like to get public feedback.  submitted and will be going to P&Z on June 26, 2024. Public Works Director - not present  Commission Reports  Planning & Zoning Commission - nothing to report Historic Preservation Commission = nothing to report Climate and Environment Commission - nothing to report.  Senior Program - nothing to report AGNC - nothing to report GCE - nothing to report EAB - nothing to report Detox - nothing to report Council Comments salvaged if possible.  Councilor Graham Riddile said at this point the Elk Creek bridge is scheduled to be destroyed by CDOT. Mayor Pro Tem Hazelton said the bridge should be  Items for Future Council Agenda  Councilor Carey asked if there would be a presentation from the Colorado River Conservation District to discuss the Shoshone water rights purchase. She also asked if Jake Straton from CPW will be doing a presentation on bear awareness. Clerk Andis said yes. Both topics will be on the next council agenda.  Town Council Meeting Tuesday, May 7, 2024  18    MOTION: Mayor Pro Tem Hazelton made a motion to adjourn. Councilor  Carey seconded the motion and it passed unanimously.  The meeting adjourned at 11:02p.m. Respectfully submitted,  SEAL COUNTY COLORADO  )  7HE Mayor Pro Tem Grady Hazelton  Aupdllindis Town Clerk Mindy Andis, CMC  Town Council Meeting Tuesday, May 7, 2024  19    Exhibit A to  5-724 Council Minutes  Staff Recommended Site Plan:  U.S. Highway 6  589 W Main St. (100ftx1 100ftl lot) 30ft x 30ft vision triangle  Kamm Ave. 34ft property line-  25ft 35ft à Truck2 allowable food truck parking locations in green  (62ft x2 27ft building) 1674SF 10ftfire-separation from building  loading areas  (door)  10ft 20ft 30ft  15ft/-accessto publicway refuse! pickup area  Alleyway  Page 28    Exhibit to Council Minutes  5724 Permit #: 24-032 Price/sf  PERMIT FEE CALCULATOR - Residential Valuation: 540,00100-5100,00.00  Address: 589 W Main St (Drifters Remodel)  Valuation: First Level: Second Level: Basement Finished: Decks/Patios: Garage: Basement-Unfinished:  Area (sf) NA NA: NA NA NA NA  Assumed' Valuation:  $100,000.00  Building Permit Fee:  $487.00 forf first $40K of valuation, plus $9.00 fore each additional $1,0000 of valuation, or fraction thereof, to and including $100K  $487.00 $540.00 Building Permit Fee: 65% of Building Permit Fee:  $1,027.00 $667.55 $900.00 $1,018.50 $1,018.50 $630.00 $2,667.00  Plan Review Fee: Use Tax:  0.9% oft total valuation (or 2% of building material costs):  Tap Fees Brewery:  $9,700 Water per EQR: $9,700 Sewer per EQR: Dedication Fee $6,000 per EQR  $9,700 per 0.105 EQRS= $9,700 per 0.105 EQRS= $6,000 per 0.105 EQRS= Brewery Total  Tap Fees Restaurant (60 seats):  $9,700 Water per EQR: $9,700 Sewer per EQR: Dedication Fee $6,000 per EQR  $9,700 per 0.864E EQRS= $9,700 per 0.864 EQRS= $6,000 per 0.864 EQRS= Restaurant Total  $8,380.80 $8,380.80 $5,184.00 $21,945.60  Other Permits & Fees:  Mechanical Permit Fee: Plumbing Permit Fee: 3/4" Water Meter Fee:  $225.00 $225.00 $292.00 $24,612.60 $29,986.15 $- $29,986.15  Total Tap Fees (Restaurant + Brewery):  SUBTOTAL: DEPOSIT PAID: TOTAL DUE:    Exhibit C to  5724  Council Minutes  Calculation Worksheet for Texaco Tap Fees  Restaurant Business:  Outdoor Seating = 32 Seats Indoor Seating = 28 Seats  Total Seating =60 Seats  Per Code Sec. 13.20.060 Seats 1-24=1.0EQR  Seats 25-60 (36 seats) =. .024 EQR's per seat or 36: seatsx. .024: =. .864EQR's Conclusion: As drawn, the restaurant business has at total of 60 seats. The total calculated EQR Possible Options: Itisreasonable to conclude that the outdoor seating area may not be used year- round. Ift the outdoor area was expected to only operate for 61 months, it may be reasonable to reduce the outdoor seating count from 32 seats to 16 seats. Reducing the time that the outdoor seating is  requirement for a 60-seat restaurant is 1.864 EQR's.  available for practical use would reduce the total seating count to 44 seats.  Seats1-24=1EQR  Seats 25-44 (20 seats) =. .024 EQR's per seat or 20 seats X 024 =. .48 EQR's  This seasonal option would yield ai total EQR requirement of 1.48 EQR's for the Restaurant side  of the business.  Brewery Business:  The Town Code formulates that 500 barrels of beer produced annually: shall be equal to 1 EQR. This formula assumes that it takes on average 8 gallons of water to produce 1 gallon of beer and that each  barrel contains 31 gallons of beer.  Therefore 500 barrels of beer: = 124,000 gallons of water.  31 gal. beer x 8 gal. water x! 500 barrels produced =: 124,000 gallons of water annually. Note: Because the proposed Texaco brewery is only doing aj portion of the actual brewing process in New Castle, the applicant estimates that they will use only 13,400 gallons of water per year and will produce beer at: ar ratio of approximately. .8 gallons of water to: 1 gallon of beer. Given the assumptions above the calculated EQR estimates fori the Brewery= = .105 EQR's Possible Options: Because the brewery is new and water usage is only an estimate, accurate EQR's for the brewery are not yet known. Staff recommends that the applicant install a second water meter int the building to monitor the brewery specific water usage over: time. After a period (staff suggests 2 years),  1    thei issue of accurately assessing water usage fort the brewery can! be revisited using actual data from both the brewery and the restaurant sections oft the business. Ift the two businesses combined do not exceed an average use of 127,750 (calculated use for at typical EQR), staff recommends that no additional EQR's be charged. If the water usage exceeds the estimates then staff recommends that appropriate Tap  Fees be charged at that time. Other Factors:  Both the Municipal Code and the Downtown Plan give guidance regarding Tap Fee charges in the Downtown area. Section 13.20.160 of the Municipal Code sets specific approval criteria by which the Town Council may consider entering into a Tap Fee Agreement with Downtown business owners. The Town's 2018 Downtown Plan also encourages the Town to work with business owners to stimulate a As calculated by adhering strictly to the Municipal Code, the restaurant would be required to purchase an additional .864 EQRS plus Water Dedication fees. These fees would total $21,945.60. As calculated by adhering strictly tot the Municipal Code, the brewery would be required to purchase .105 EQRS plus Water Dedication Fees. These fees would total $2,667.00. Total estimated Tapl Fees for restaurant and brewery-$ $24,612.60. Possible Business Relief Options available to Town Council:  more vibrate business environment in Downtown.  Lower the restaurant EQR requirement to 1.48 EQRS (allowing for seasonal seating). Note, the Remove all Water Dedication Fees with the understanding that the Downtown corridor has historically had water allotments that would have allowed for various water consuming business Allow the actual water usage oft the brewery to be monitored over time to establish actual use Work with thel business owner to establish a suitable Tap Fee Agreement by which the Tap fees The: above recommendations would make the business responsible for. .48 EQRS for the restaurant Using the above recommendations, the estimated Tap Fee charges would be reduced to $9,312 for  building already owns 1 EQR, leaving 48 EQRS to be purchased.  over the past decades.  along with reasonable and appropriate Tapi fees. owed might bet financed over time or otherwise paid.  with additional fees possible for the brewery as future usage dictates. the additional .48 EQRS. (original charge $24,612.60)  2  Page 42    13,20.050  C.Itis unlawful for any person not authorized by this chapter tor make any con- nection with any maind of they water or sewer utility or for any unauthorized person to connect to the water and sewer utility or for any person to make a water consuming ad- dition or change in service contrary to the provisions of this chapter. D. Allutility connection permits as re- quired by this chapter shall bei issued by the town clerk and shall set forth all those re- quirements specified in Section 13.20.040(A). The town clerk shall keep a duplicate or record of all utility connection E. Any permit issued pursuant to this section shall expire upon failure to make sathsitiadluliyomctimn, at thet time of expiration of the building permit for the structure or structures proposed to be ser- viced, or upon expiration of the sixty (60) day period provided for in Section 13.20.040(D). In the event of expiration of at utility connection permit, the applicant, on request, shall be refunded any tap fees not expended by the town for the benefit of FA All permits issued pursuant to this section and all taps permitted under this chapter are appurtenant to the real prop- erty for which they are issued. Permits and taps may not be sold or otherwise trans- ferred separate from the real property they are intended to serve. (Ord. 2004-3 S 10 (part); prior code $11-06-050) (Ord. No. 2009-9,$2(A), 8-3-2009)  13.20.060 Tap fees.  A. No water or sewer service shall be furnished to any new connection or to any water consuming addition to an existing service until all tap fees and utility hookup charges have been paid as provided by this B. All water and sewer connections to the main service lines shall be done by the town's public works department or a con- tractor approved by the town council. :. The following tap fees shall be as- sessed, except as otherwise set by the town 1. Residential Water Service. a. Fee for each EQR unit, where both the tap and all points of consumption are within the corporate limits of the town: nine thousand seven hundred dollars b. Fee for each EQR unit, where the tap or any point of consumption is outside the corporate limits of the town: sixteen iouamdnohumémidalane ($16,200.00). 2. Commercial WaterService. a. Fee for each EQR unit, where both s..- arewithin the pontclmisottictpne nine thousand seven hundred dollars b. Fee for each EQR unit, where the tap or any point of water consumption is outside the corporate limits of the town: sixteen thousand two hundred dollars  chapter.  council:  permits issued.  ($9,700.00).  the applicant.  ($9,700.00).  ($16,200.00).  TABLEC OF EQUIYALENTUNIIS  Classification  EQR 1.0  1. Single-family residential unit, not exceeding 3,000: square feet in habitable space, housing a statistical average of 3.5 persons each using 100 gallons per day and having not more than two thousand five hundred (2,500) square feet of irrigated lawn or garden  Supp. No. 24.  238  Page 43    13.20.060 EQR  Classification  2. Multifamily residential units, four units or more, apartments, con- dominiums, townhomes, wheni in one building and billed collec- A. Efliciency apartment (as space not exceeding 600 square feet and not having more than 1 bathroom and one kitchen facility)  tively:  0.6 0.8 1.0 0.5 1.0 1.0 0.4 0.5 0.5 0.5 0.8  B. One or two bedroom apartment C. Three bedroom or more apartment D. Coin-operated washing machine  E. Mobile home (trailer) in court with not more than two thousand five hundred (2,500) square feet of irrigated lawn or garden 3. Transient rental units, hotels, motels, bed and breakfast: A. First unit or manager's apartment B. Each additional rental unit without cooking facilities C. Each additional rental unit with cooking facilities D. Each coin-operated washing machine 4. Accessory dwelling units: A. One bedroom B. Capable of having 21 bedrooms Bars, restaurants Thea applicant shallsubmit: a seating plan tothe building official. The actual numberof seats. shall be confirmedfrom time to time by thebuildingolicial A. Foral businesswith lessthan 25seating capacity B. For each seat in excess of 24 seats 6. Service stations: A. Full service, no bays B. Self-service, no bays C. With one work/lubrication bay D. Each additional work/lubrication bay E. With one car wash bay F. Each additional car wash bay  1.0 0.024 1.0 1.0 1.2 0.2 2.0 2.0  7. Commercial or public buildings such as stores, offices, industrial warehouses, and similar, havingi industrial wastes, process water or waste loads (i.e., which are used for nonsolid waste disposal): A. One bathroom (I to 3 water using fixtures) B. Fore each additional sink C. Fore each additional toilet D. For each additional urinal E. Fore each additional bath tub  1.0 0.2 0.2 0.2 0.2 0.2 Supp. No. 13 Page 44  F. For each additional water fixture not listed above  238.1    Exhibit D to 13.24.040  5:724 Council Minutes  tracts, parcels, sites, separate interests in common, condominium interests or other di- visions for the purpose, whetherimmediate or future, of transfer of ownership, or for build- ingo or other development, or fors street use by reference to such subdivision or a recorded "Sufficient legal priority" means that the waterrights proposed for dedication may rea- sonably be expected to provide a dependable water supply throughout the season of use in the amount for which they are decreed, in- cludingi inc drought years, available at the point of diversion determined exclusively by the town. In making this determination, factorsto bec considered shall include, but not by way of limitation, the adjudication date and appro- priation date of the water rights, the decreed use(s), the historic use of the water under the decree, the physical flow available, and the administration practices of the office of the "Town" means the town of New Castle, "Transfer of water rights" means the con- veyance of legal title to water rights to the towni in addition to referring to all actions re- quired under the laws of thes state ofColorado tol bel brought in the Water Court, Water Divi- sion No. 5, to ensure that the dedication re- quirement is fulfilled. Such action may in- clude, but not by way ofl limitation, a change in the type, place, or time of use, a change in the point of diversion, a change from a fixed pointo ofdiversiontoaltematle ors supplemental points ofdiversion, ac change fromalternateor supplemental points of diversion to a fixed point of diversion, a change in the means of diversion, a change in the place of storage, a change from direct application tos storage and subsequent application, ac change from: storage and subsequent application to direct applica-  tion, achange from ai fixed placeofstoraget to alternate places ofs storage, a change from al- ternate places ofs storage, or any combination of such changes. "Transfer of water rights" includes transfer of conditional as well as ab- "Water right" means a decreed right to use in accordance with its priority a certain por- tion ofthe waters ofthe state by reason ofthe appropriation of the same ora contract to use water rights owned by a governmental water supplier. (Ord. 2008-3 $3 (part)) 13.24.040 Basic dedication  solute water rights.  plat thereof.  requirement.  A. 1.A dedication or transferof direct flow-andorstorage water rights to the town shall be required for any extension ofservice which shall_include (a) the approval of the annexation of any land to the town; (b) all extensions of municipally treated water ser- vice outside the town limits as such bounda- ries exist on the effective date of the ordi- nance codifiedi in this chapter; (c)thes subdivi- sion or replatting of any land now located within the town ifsuch subdivision or replat- ting requires a change of zone district or in- creases the demand for municipal water ser- vice; and (d)a an expansion of use on an exist- ngplattedproperty thati increases therd demand formunicipal waters servicel beyond thedefini- tionof an EQR or previous water right dedica- tionsmade to thet town. 2. For any extension of service or new or enlarged use of water for residential or non- residential purposes, the applicant shall sub- mitto the town an estimate of water demands based on the dedication requirements provided in the table ofe equivalent units as set forth in Section 13.20.060, as such table may be amended, on forms provided by the town.  state engineer. Colorado.  241  (New Castle Supp: No. 6, 2-09)  Page 45    13.24.050  3. Applicant shall provide the town with adequate information to facilitate a review of the water rights in order to determine that the water rights have sufficient legal priority. Such information: shall includeah historicaluse affidavit and a detailed list ofall water rights and water resources owned or controlled by the applicant. For those persons whose com- pliance with this section results in a total de- mand of greater than thirty (30) EQR, no his- torical use affidavit shall be required, but an engineering analysis, acceptable to the town, ofthel historic use ofthe water rights proposed for dedication shall be required. 4. The basic requirement shall be 0.54 acre ootlyearofhistoric consumptiver useofa water rightofsufficient legal priority for each EQR. Iti is assumed that 0.54 acre foot ofhis- toric consumptive use water is necessary to satisfy an average demand of0.14acrei foot of consumptive use whichallowance is made for the location of the town's municipal water diversion and wastewater treatment plant to- gether with reasonable transit and transfer 5. For raw water uses, the dedication re- quirement shall be in conformance with the town'sRaw Water Irrigation Ordinance(Code Section 13.38.010 et seq.). Other uses not calculated under the table of EQRs, the basic requirement shall be the quantity of water to be required ultimately in the satisfaction of those use(s)asc contemplated! by the applicant. Thea amount ofs such use: shall bec quantifiedby ar registered professional engineer. 6. Thel basic requirement: shalll bes satisfied by thej person seeking approval ofannexation, subdivision, replacing, ort the extension or ex- pansion of municipally treated water service, whetheror nott that person willl be the ultimate  7. Sufficient water rights shall be dedi- cated sO as to enable the town to divert a quantity of water at any point of diversion it may determine, which will allow for thet total consumption by thet town ofthe quantities set forth in subsection (A)(4)oft this section. B. The town may, in its sole discretion, require dedication before the issuance ofa building permit or upon discovery of an ex- panded use ofadditional EQRs, including par- tial EQRs, for uses which do not conform to C. The council shall have sole and exclu- sive discretion in determining whether the basic dedication requirement should be in- creased or decreased, on a case by case basis, after consideration of the place, method, and efficiency of water use and wastewater treat- ment. (Ord. 2008-3 $3 (part)) 13.24.050 Exceptions. A. Council may substitute or waive any conditions or requirements deemed necessary to meet the purposes ofthis section. B This chapter does not apply to the ex- tension of new municipally treated water ser- vice or raw water service for which the basic dedication requirement has been previously complied with by any person and where no increase in demand will occur. C. This chapter does not apply to the ex- tension of new municipally treated water ser- vice where the terms for extension of such service are addressed in ana annexation and/or development agreement approved by council, as such agreement(s): may be amended. (Ord. 13.24.060 Dedication of water rights The owner of any property proposed tol be annexed or subdivided whodedicates property  the definition of EQR.  losses.  2008-3930 (part))  for open space.  user(s).  (New Castle Supp. No. 6,2-09)  242  Page 46    Exhibit E to  5:724  13.20.160  Council Minutes  repaired within forty-eight (48) hours from the time of such notice being served upon the water user or agent, the town may shut off the water from the premises and imme- diately notify the customer. It is unlawful for any person to fail or refuse to comply with the order provided in this section. (Prior code $ 11-06-130) 13.20.140 Disconnections. A. In case any owner of premises on which wateri is used shall cease to use water, and desires to disconnect his or her prem- ises, he or she shall not be permitted to removethecorporationstop.curbstop: curb box and appurtenances, except by order of the town council. Corporation stops, curb stops, and curb boxes are the property of the town and shall be removed only by or- der of the town council. B. Theownerof propertys serviced shall be responsible for the repair and mainte- nance of the service line, curb stop, curb box, and meter, and is further responsible fori insuring that none of the above become inaccessible by reason of landscaping, foli- age, or construction of improvements on C.Intl the event a meter is damaged, or concealed or otherwise made inaccessible for reading, the town council shall direct that the water user be billed the flat rate for his or her water service until such time as the meter is again made operable or acces- sible by the owner. (Prior code$11-06-140) Itis unlawful for any person to violate any of the provisions stated or adopted in this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and such person shall be deemed guilty of as separate offense for each and every day or portion thereof during which any violation of any  of thej provisions of this chapterisc commit- ted, continued or permitted, and upon con- viction of any such violation, such person shall be punished byal fineofi not moret than three hundred dollars ($300.00) or by im- prisonment for not more than ninety (90) days or by both such fine and imprison- ment. (Prior codes1I-06-150) 13.20.160 Tap feeagreements. A. Town council or the town's enter- prises may, at their sole discretion, enter into a tap fee agreement with aj person con- cerning thej payment of tap! fees. In order to enter into such an agreement, the approv- ing body must make the following findings: 1.7 That thej proposed utilityservicewill 2. That the user is proposing to oper- ate the commercial use within the town's downtown core as it is defined in the com- 3. That the tap fee agreement is neces- sary for the town's economic development; 4. That absent the tap fee agreement the proposed coramercial use may not lo- 5. That the agreement would not vio- late or conflict with the terms of any grant, loan, bond issuance, or other agreement that addresses the collection and allocation of tap fee revenues for the town; 6. That sufficient monies have been budgetadandappopriatd fromf fundsother than the enterprise fund at the time of such agreement to cover the full amount of tap fees that would otherwise be due to the 7. That the user has made an adequate demonstration of how it proposes to repay the tap fee over the amortization period. B. The form of the agreement is sub- ject to review and approval by the town, on such terms and conditions as it deems nec- essary to ensure full repayment of allappli-  serve a commercial use;  prehensive plan;  cate within the town;  the premises.  13.20.150 Penalties.  enterprise; and  238.5  Supp No. 24 Page 47    13.20.160  cable tap fees. Approved agreements will be recorded against the property to be served by the tap. Such terms may include, but are not necessarily limited to: 1. Interest on the outstanding tap fee balance; 2. Amortization of the tap fee over a period not in excess of five years; 3. A repayment schedule; 4. Acceleration and/or default provi- sionsi including but not limited toa a right of the town to collect default interest, costs and attorney fees as part of any collection 5. A provision concerning disconnec- tion of service in the case of non-payment 6. A notice that the user understands that the tapi is appurtenant to the real prop- ertyi it serves and may not be sold or trans- ferred separate from that property; 7. A due on sale clause. (Ord. No. 200-9.520.83-2009)  efforts; ordefault.  Supp. No. 24  238.6  Page 48