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By: Joy Ufford, [email protected] - Updated: 42 minutes ago

MARBLETON – The Marbleton Town Council took last steps to return The Painted Kettle’s building to its correct commercial zoning after a map error was discovered.

The cafe is in a building on a separate lot belonging to the Rob’s Roost RV Park, which is zoned residential- mobile home park. When town maps were digitized, the smaller lot’s boundary was mistakenly zoned with the other, leading town staff to think Painted Kettle owner Rendy Thomson needed a variance to have a business in the mobile home-residential-zoned building.

At the July 11 meeting, the council went into executive session to discuss personnel and potential litigation.

When they returned, Mayor Jim Robinson called for a councilmember to propose separating the Painted Kettle business building from Rob’s Roost and change it back to commercial zoning.

Councilmember Jeff McCormick moved “to change or affirm the property located on the east side of Marbleton block 31, western half of lots 13-15 as Commercial zoning.”

Councilmember BJ Meador seconded the motion; Robinson, McCormick, Meador and fellow councilmembers Karen Wenz and Roger McMannis all voted in favor.

The council also discussed vacating a portion of Maxwell Street. McMannis moved to approve a request for legal description and/or survey of the portion of Maxwell Street and the alley that are currently being occupied by Rob’s Roost campground and mobile home park, not to exceed a cost of $1,000. All voted in favor again.

“This action will be the next step in clarifying records and zoning,” said town clerk Shannon McCormick.

A third action taken was to approve a 5-percent raise for a custodial employee “who bends over backwards” to help.

The council also read and approved the third reading of its Ordinance 2022-02, requiring temporary or transitory businesses such as food trucks to apply for a $75 permit.

Town attorney Thayne Peterson brought forth a resolution drafted after the council’s June meeting to offer discounts for customers’ prepayment of water and sewer bills. Many people pay a year at a time; some already have but the rates went up several dollars on July 1.

Peterson and the council discussed when the new rates would be applied for customers who have prepaid; it was settled that their new rates take effect when the prepayment period expires.

Prepayment up to six months nets a 5-percent discount; prepayment for 12 months has a 10-percent discount.

For those who pay monthly, the new rates will be calculated on July’s water-sewer bills.

“It will be based on the rate on the day of the payment,” Peterson explained.

Peterson also brought up the town’s liquor license fees, which are unofficially set at the same required by the state of Wyoming. A restaurant liquor license annual fee is $1,000 and a retail license is $1,500, he said

The fee for a “bar and grill” would “depend on whether food or alcohol is the business’s major source of revenue, he said – “We can clarify that by ordinance if you want. I recommend the ordinance says to set a fee structure by resolution.”

“Essentially, they are very legitimate actors,” Peterson said of Overline. “But our investment policy – it’s too speculative to be a secure investment as a municipality.”

Bixler said Overline is moving on but “wanted to offer here first.”

“We appreciate it and wish them well,” Robinson said.

• Public works manager Todd Brown said the town almost didn’t have water over the Fourth and used the emergency line when pumps failed. If five wells “trigger on” at the same time, the sixth might crash the computer system. He ordered battery backups and plans to upgrade the electronics when the town builds a new water tower, once federal money is available.

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