1. Call To Order

2. Pledge of Allegiance

3. Roll Call

4. Agenda Approval

5. Citizen Comments

6. Minutes of Previous Meetings

a. Minutes of the June 26, 2019 MeetingCheryl Powell, Town Clerk

Attachments:

June 26, 2019 Meeting Minutes (06_26_2019.pdf)

7. Town Administrators ReportTim Singewald, Town Administrator

Attachments:

Report (Copy_of_Project_Numbers_070319.xlsx)

8. Consent Agenda

9. Action Agenda

a. Consideration for Approval of Resolution 19-10Tim Singewald, Town Administrator

Resolution appointing Town Attorney's for the Town of Milliken.

Attachments:

Agenda Memo (Legal_representation_Engagement_Letter_2019.pdf)

Resolution 19-10 (19-10_Appointment_of_Town_Attorney.pdf)

Engagement Letter (Engagement_Letter.pdf)

b. Consideration for Approval of Ordinance 773Tim Singewald, Town Administrator

TOWN BOARD AGENDAWednesday, July 10, 2019 at 6:30 pm

To consider for approval an Ordinance amending Ordinance 771 concerning the

sale of real property owned by the Town of Milliken.

Attachments:

Ordinance 773 (Ord._773_-_Approve_Sale_of_Property_Martinez_Hahn_am

ended_Emergency.pdf)

10. Discussion Agenda

11. Informational Agenda

a. Western Equipment and Truck, Craig SparrowPepper McClenahan, Community Development Director

Attachments:

Agenda Memo (BOT_Agenda_Memo_Western_Equipment_Progress_Repor

t_7.10.19.pdf)

12. Assignment and Project Update(s)

13. Future Agenda Items

14. Other Business

15. Adjournment

ACCOMMODATION NOTICEThe Town of Milliken complies with Title VI of the Civil Rights Act of 1964 and Section

504 of the Rehabilitation Act of 1973 guidelines. Ensuring the public's access to and

participating in public meetings is a priority for the Town of Milliken. In the event you

are in need of a reasonable accommodation in order to attend or participate in a

public meeting conducted by the Town of Milliken, please contact the Town Clerk,

Cheryl Powell at (970) 660-5049 within 3 to 5 days before the scheduled meeting date

in order to allow the Town to better accommodate your request.

Contact: Cheryl Powell, Town Clerk (CPowell@town.milliken.co.us 970-587-4331) | Published on07/05/2019 at 4:55 PM

“This institution is an equal opportunity provider and employer” .

TOWN OF MILLIKEN BOARD OF TRUSTEES

MILLIKEN MEETING HOUSE, 1201 BROAD STREET

MEETING MINUTES

Wednesday, June 26, 2019

The Town of Milliken Board of Trustees convened a regular session on Wednesday, June 26, 2019 at 6:35 P.M. Those present: Mayor Pro Tem Elizabeth Austin, Trustees: LeRon Ehrlich, Hollie Traylor, Scott Smith and Peggy Wakeman. Also, Present: Town Administrator Tim Singewald, Town Clerk Cheryl Powell, Finance and Accounting Manager Courtney Diller, Police Chief Benito Garcia, Community Development Director Pepper McClenahan, Public Works Director Bill Landwehr and Assistant Town Attorney Marcus McAskin. Absent: Mayor Woodcock, Trustee Katy Burack and Town Attorney Linda Michow. Pledge of Allegiance Mayor Pro Tem Austin called the meeting to order. Roll Call Trustee Wakeman, Trustee Traylor, Trustee Ehrlich, Trustee Smith and Mayor Pro Tem Austin. Agenda Approval Assistant Town Attorney McAskin requested to add an Executive Session under C.R.S. 24-6-402(4)(e) to instruct negotiators regarding retention of legal services Trustee Wakeman motioned to approve the Agenda. Trustee Ehrlich seconded. All in favor, none opposed. Citizen Comments None. Minutes of Previous Meetings

• June 12, 2019 • June 17, 2019

Town Administrator Singewald requested a correction to the June 12 meeting minutes under the section for the Administrators Report. The item that indicates that the Hillsborough

“This institution is an equal opportunity provider and employer” .

Reservoir blew out should read, the Hillsborough ditch blew out. Trustee Ehrlich moved to approve the minutes for June 12, 2019. Trustee Traylor seconded. All in favor, none opposed. Trustee Smith moved to approve the minutes for June 17, 2019. Trustee Ehrlich seconded. All in favor, none opposed. Acknowledgement of the Paid List of Bills for June 2019 There were not any questions regarding the List of Bills. Town Administrator’s Report Town Administrator Singewald indicated that he spoke of these items during tonight’s Work Session.

CONSENT AGENDA

a. Consideration and Approval of Resolution 19-09, Fireworks for Beef ‘N Bean Day

To consider for approval Resolution 19-09, for the use of Fireworks at the Town of Milliken’s annual Beef ‘N Bean Day Celebration on Saturday, August 10, 2019. Mayor Pro Tem Austin abstained from any discussion regarding this item due to her involvement with the Milliken Events Committee. Trustee Ehrlich moved to approve the Consent Agenda. Trustee Wakeman seconded.

Roll Call Vote: Trustee Wakeman - Yes, Trustee Traylor – Yes, Trustee Ehrlich – Yes, Trustee Smith – Yes and Mayor Pro Tem Austin – abstained from the vote. Motion passed.

ACTION AGENDA

a. Consideration and Approval of Ordinance 772 Town Assistant Attorney Marcus McAskin asked the Town Board to consider and approve Ordinance 772, ratifying that certain Master Equipment Lease-Purchase Agreement dated May 31, 2013 with Ford Motor Credit Company, LLC and approving Schedule No. 5959104 to said Agreement to secure four (4) model year 2019 Ford vehicles for use by the Town’s Public Works/Water Department. The vehicles under this schedule are a Ford F-550 with a plow and three (3) Ford Rangers. The Town of Milliken receives government rates on these

“This institution is an equal opportunity provider and employer” .

vehicles. The Lease on these vehicles is $35,000 per year for five years on all four (4) vehicles.

Trustee Wakeman asked if this is a new plow. Public Works Director Landwehr explained it is new plow and is smaller than the one that has been replaced. The plow is made of stainless steel and it should hold up better and longer than the previous plow.

Mayor Pro Tem Austin asked how many vehicles that are not operable in the Public Works Department. Public Works Director Landwehr explained that there are four (4) vehicles, a dump truck and a road grader that will be going to Richie Brothers for auction in August. He anticipates that the town should receive approximately $35,000 for all these vehicles through the auction. Mayor Pro Tem Austin asked about the amount budgeted in Capital Purchase Vehicles of $97,312. This amount includes the F-550 with a plow, along with the Rangers and a Crack Seal Machine. The total for all these items is $150,000, which is above the $97,312 that the town has budgeted. Public Works Director Landwehr explained that the Crack Seal Machine is not going to be purchased.

Discussion: None

Trustee Smith moved to approve Ordinance 772 an ordinance ratifying that certain Master Equipment Lease-Purchase Agreement dated May 31, 2013 with Ford Motor Credit Company, LLC and Approving Schedule No. 5959104 to secure four (4) model year 2019 Ford vehicles for use by the Town’s Public Works/Water Department. Trustee Wakeman seconded.

Roll Call Vote: Trustee Wakeman - Yes, Trustee Traylor – Yes, Trustee Ehrlich – Yes, Trustee Smith – Yes, and Mayor Pro Tem Austin – Yes. Motion passed.

DISCUSSION AGENDA

There were not any items.

INFORMATIONAL AGENDA

a. Police Report

There was not a report for this meeting.

b. Court Report

There was not a report for this meeting.

“This institution is an equal opportunity provider and employer” .

c. Western Equipment and Trucking

Director McClenahan informed the Town Board that a meeting of the cooperating agencies will be help at the EPA Offices in Denver on July 2, 2019 to review site visits conducted by the Town’s Certified Floodplain Manager. There has been dirt removed from the property and the Army Corp of Engineers is aware of this.

Executive Session

Trustee Smith moved to go into Executive Session under C.R.S. 24-6-402(4)(e) for discussion of legal services. Trustee Wakeman seconded. Executive Session commenced at: 6:50 P.M.

Executive Session concluded at: 7:08 P.M. Regular meeting resumed at: 7:09 P.M.

Trustee Ehrlich motioned for the Town Administrator to contact the proposed legal firm. Trustee Traylor seconded.

Town Administrator Singewald asked about the prosecuting attorney portion of the agreement. The Town board would like it to be included.

All in favor, none opposed

Adjournment

Hearing no further business: Trustee Smith moved to adjourn at 7:12 P.M. Trustee Traylor seconded.

Prepared by: Approved by:

______________________________ __________________________ Cheryl Powell, Town Clerk Beau Woodcock, Mayor

Josephine Project

Budget 1,830,000$

Grant Amount 1,542,738$

Engineering Icon Billings 292,225.85$

Construction

DeFalco Construction

Pay Req Date Paid Amount

1 11/01/2019 200,240.90$

2 08/02/2019 363,089.24$

3 22/03/2019 514,942.49$

4 09/04/2019 336,320.80$

5 17/05/2019 365,758.94$

6 04/06/2019 122,168.00$

7 12/07/2019 256,064.33$

Construction Total to

Date: 2,158,584.70$

Project Total to Date 2,450,810.55$

RO Plant

Budget 3,300,000$

Grant Amount 900,000$

Pilot Study Frontier Water

Systems 46,835.43$

Construction

Stanek Constructors

Pay App Date Paid Amount

1 05/04/2018 120,000.00$

2 13/07/2018 120,000.00$

3 02/11/2018 611,421.90$

4 04/01/2019 263,396.05$

5 11/01/2019 57,419.90$

6 08/02/2019 136,022.90$

7 22/03/2019 1,449,780.75$

8 22/05/2019 50,350.00$

9 22/05/2019 320,378.95$

10 25/06/2019 262,006.20$

Total to Date: 3,390,776.65$

Hwy 60 Stoplight

Budget 350,000$

CDOT Share 250,000$

Traffic Study

Felsburg, Holt Ullevig 55,849.79$

Construction

WL Contractors

Bid Amount 309,442.00$

Martin Acquisition

Budget 575,000$

Grant Amount 411,729$

Relocation Company

Universal Field

Services 26,944.50$ Property Sale/Relocation

Costs 542,077.76$

Final Total to Date: 569,022.26$

TOWN OF MILLIKEN

TOWN BOARD OF TRUSTEES AGENDA MEMORANDUM

To: Mayor Woodcock and Town Board of Trustees From: Tim Singewald, Town Administrator

Meeting Date: Wednesday, July 10, 2019

Agenda Item #

Action: X

Discussion:

Information:

Agenda Title: Consideration for Approval of Resolution 19-10, appointing new legal representation for the Town Board of Trustees and a prosecuting attorney for the Town’s Municipal Court

Attachments: Resolution 19-10, Engagement Letter

PURPOSE

To review and consider for approval Resolution appointing a new legal representation for the Town Board of Trustees and a prosecuting attorney for the Town’s Municipal Court.

BACKGROUND The current law firm of Michow, Cox and McAskin, LLP submitted a letter of resignation to the Board of Trustees. A Request for Qualifications (RFQ) was published in the Johnstown Breeze on May 23, 2019 and placed on the Rocky Mountain Bid site indicating that proposals were due by Thursday, June 6, 2019. The Town received three (3) proposals that were reviewed by the Town Board of Trustees. The Town Board of Trustees decided upon the firm of Bell, Gould, Linder and Scott, P.C.

BUDGET IMPLICATIONS

Please see page two (2) of the Engagement Letter.

RECOMMENDATION

Staff recommends the Board of Trustees approve the proposed Engagement Letter and direct the Town Administrator and Staff to implement an Agreement with the law firm.

SUGGESTED MOTION

“I move to approve Resolution 19-10 and the proposed Engagement Letter and direct the Town Administrator and Staff to implement an Agreement with the law firm of Bell, Gould, Linder and Scott, P.C.”

TOWN OF MILLIKEN

RESOLUTION NO. 19-10

A RESOLUTION APPOINTING THE LAW FIRM OF BELL, GOULD, LINDER AND

SCOTT, P.C. FOR TOWN ATTORNEY SERVICES

WHEREAS, pursuant to C.R.S. §31-4-304 the Board of Trustees shall appoint a town

attorney; and

WHEREAS, pursuant to Section 2-3-10 of the Milliken Municipal Code, the Board of

Trustees shall appoint a qualified person as town attorney; and

WHEREAS, the Town’s current law firm of Michow, Cox and McAskin, LLP submitted

a letter of resignation to the Board of Trustees; and

WHEREAS, the Town requested interested candidates and law firms to submit

qualifications and proposals for the review of the Board of Trustees; and

WHEREAS, the Board of Trustees interviewed qualified candidates at a public meeting

on June 26, 2019; and

WHEREAS, the Board of Trustees collectively determined that the firm of Bell, Gould,

Linder & Scott, P.C., for the term and on the conditions set forth in the Proposal for Town Attorney

Services to be the most qualified; and

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF

THE TOWN OF MONUMENT, COLORADO THAT:

Section 1. The firm of Bell, Gould, Linder & Scott, P.C., is hereby appointed to serve

as town attorney and prosecuting attorney until its successor is appointed or

they resign, or until termination of the legal services agreement for such

services, and

Section 2. the Mayor is hereby authorized to enter into a legal services agreement

between the Town of Milliken and Bell, Gould, Linder & Scott, P.C.

PASSED AND RESOLVED by the Board of Trustees of the Town of Milliken, Weld

County, Colorado, this 10th day of July 2019.

ATTEST: TOWN OF MILLIKEN

_________________________ _________________________

Cheryl L. Powell, Town Clerk Beau Woodcock, Mayor

ORDINANCE NO. 773

AN ORDINANCE OF THE TOWN OF MILLIKEN AMENDING ORDINANCE NO. 771

CONCERNING THE SALE OF REAL PROPERTY OWNED BY THE TOWN OF

MILLIKEN AND DECLARING AN EMERGENCY

WHEREAS, through the adoption of Ordinance No. 771, the Town Board of Trustees

authorized the sale of Town property, as legally described in Exhibit A of Ordinance No. 771

(“Property”); and

WHEREAS, the sale of the Property is scheduled to occur on Friday, July 12, 2019

(“Closing Date”), in accordance with the terms and conditions set forth in the Purchase and Sale

Agreement, attached as Exhibit B of Ordinance No. 771 (the “Agreement”); and

WHEREAS, Town staff has alerted the Board to the fact that the effective date of

Ordinance No. 771 (based on its date of newspaper publication) will occur after the Closing Date;

and

WHEREAS, the Board desires to amend Ordinance No. 771 to reaffirm the authorization

to sell the Property with an effective date of July 10, 2019; and

WHEREAS, due to the Mayor’s expected absence on the Closing Date, and the Board’s

desire to have the Town Administrator attend the closing in-person (instead of in escrow), the

Board desires to further delegate authority to the Town Administrator to sign all required closing

documents.

NOW, THERFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF

THE TOWN OF MILLIKEN, WELD COUNTY COLORADO:

Section 1: The above recitals and the recitals set forth in Ordinance No. 771 are

incorporated herein by reference and are adopted as findings and determinations of the Board of

Trustees.

Section 2: Ordinance No. 771 is hereby amended to authorize the sale of the Property

with an effective approval date of July 10, 2019 and to further authorize the Town Administrator, in

addition to the Mayor and Town Clerk, to execute and attest any and all documents, including the

Agreement, deed and other closing documents, as required to effectuate the sale and transfer of the

Property.

Section 3: Severability. Should any one or more sections or provisions of this

ordinance or enacted hereby be judicially determined invalid or unenforceable, such judgment

shall not affect, impair or invalidate the remaining provisions of this Ordinance, the intention being

that the various sections and provisions are severable.

2

Section 4: Emergency Declaration. The Board hereby declares this Ordinance to be

necessary for the immediate preservation of public health, safety and welfare due to the imminent

Closing Date of the Property sale, and the necessity to meet deadlines set forth in the Agreement.

Section 5: Effective Date: This Ordinance shall take effect immediately upon

adoption in accordance with C.R.S. Section 31-16-105.

Introduced, read, adopted AS AN EMERGENCY BY AN AFFIRMATIVE VOTE OF

THREE-FOURTHS OF THE MEMBERS of the Board of Trustees, signed and ordered

published in full by the Board of Trustees of the Town of Milliken this 10th day of July, 2019.

TOWN OF MILLIKEN

Beau Woodcock, Mayor

ATTEST: APPROVED AS TO FORM:

Cheryl Powell, Town Clerk Town Attorney

Published: ___________________

1

TOWN OF MILLIKEN

BOARD OF TRUSTEES

AGENDA MEMORANDUM

To: Mayor and Board of Trustees

From: Pepper McClenahan, AICP

Community Development Director

Via: Tim Singewald, Town Administrator

Meeting Date:

July 10, 2019

Agenda Item #

A

Action:

Discussion:

Information:

Agenda Title: Progress report on Flood Plain Violations, Western Equipment and Truck, Craig

Sparrow.

Attachments: Expenses-to-Date

Summary Action Steps and Progress Highlights:

A meeting of the cooperating agencies was held at the EPA Offices in Denver on

July 2, 2019 to review the status of the property. Milliken Community Development

Director McClenahan presented an overview of the violation and timeline of

activities. Milliken’s Certified Floodplain Manager, Troy Spraker presented a video

taken during a site review conducted July 2nd which showed the amount of fill

removed from and remaining on the site, the filling of ponds on the property and

condition of the streambanks. An update was given on the modeling results

prepared by the property owner’s engineering consultant. Mr. Spraker indicated

that the requested remediation plan will present modeling results for pre-fill

conditions, post-fill conditions and post-remediation conditions. The Town’s

ordinance requires a new Floodplain Development Permit application from the

property owner which included the remediation plan plus any required permits

from other agencies such as the State of Colorado or the Army Corps of Engineers

EPA representatives indicated they are now the lead agency for wetland impacts

after the Army Corps of Engineers referred their violation to EPA.

The US Fish and Wildlife Service presented information on expectations for habitat

restoration for protected or endangered species.

Colorado Department of Public Health and Environment (CDPHE) representatives

indicate they will be reviewing the site for compliance with the Stormwater

Management Plan and Permit.