TOWN OF KEENESBURG
BOARD OF TRUSTEES MEETING AGENDA
MONDAY, JULY 20, 2009
KEENESBURG TOWN MEETING HALL
140 S.MAIN STREET, KEENESBURG, CO 80643
The Board of Trustees of the Town of Keenesburg met in regular session on Monday, July 20, 2009 at Keenesburg Town Hall located at 140 S. Main Street. Mayor Kipp called the meeting to order at 7:00 p.m.
Pledge of Allegiance
Roll Call: Board members present: Trustees Cindy Baumgartner, Steve Brandt, Wendi Tyler, Leroy Blackston, and Richard Traxler, and Mayor Danny Kipp.
Board members absent: Trustee Tony Dreher
Others Present: Town Attorney, Kathleen Harrington, and Town Clerk, Debbie Chumley
Mayor’s Address: Mayor Kipp summarized the items on the agenda for the citizens in attendance.
Public Comments: James Simpson, Keenesburg, CO addressed the board expressing his interest in volunteering to help with the park maintenance, road repairs, etc, to be involved in the community.
Consent Agenda: Mayor Kipp asked that the financials be pulled off of the consent agenda.
a. Approval of minutes 06/15/09: Motion was made by Trustee Blackston, seconded by Trustee Brandt to approve the minutes from the June 15, 2009 meeting; motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Brandt, Tyler, Blackston, and Traxler voting yes.
b. Approval of Bills/Financials: Mayor Kipp went over the list of bills to be paid totaling $100679.88; stating that the largest payment was $70,000.00 to Donald Sloan for the lease option payment, as well as the loan payment for the wastewater treatment expansion. Motion was made by Trustee Baumgartner, seconded by Trustee Tyler to approve the payment of the bills and the financial statements; motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Brandt, Tyler, Blackston, and Traxler voting yes.
c. Public Hearing ORDINANCE 2009-05—Creating PZ Zone District: Mayor Kipp opened the public hearing at 7:10 p.m.
Leonard Roskop, 30935 CR 8, Keenesburg, CO: Mr. Roskop represented the Southeast Weld Fair & Jr. Rodeo Board, and stated that the board felt that although the new pz district appears desirable to town it does not meet the needs of fair grounds, and does not address the events related to the fair grounds. He further stated that the Southeast Weld County Fair and Jr. Rodeo Assn was a non-profit organization that is privately held, and that the pz district addressed only public institutions. He asked that the board consider creating a fair grounds district expressly for the purpose of addressing the needs of the fairgrounds rather attempting to accommodate the fair along with other businesses, and offered to pay any costs associated with the creation of a fairgrounds zoning district. The Fair Board does not feel that the pz district will accommodate all of the events that they wish to hold on the property. The Fair Board does not wish to be included in the pz district, and further would not like to be included in any district that requires a special use permit to be issued for any events, but would rather prefer to have all proposed events addressed as a use by right. Mr. Roskop stated that the language in the ordinance was not easily understood and could be interpreted differently by another board thereby putting the operation of the fairgrounds in jeopardy.
Mayor Kipp addressed his concerns stating that no zoning will allow for a rodeo as a use by right, and that allowing all intended events as a use by right would not be likely. The Mayor also stated that the board had tried to address all of the events that the fair board planned on holding in the future with the pz zoning, and accommodating other organizations as well. He further clarified the purpose and the meaning of the word public within the ordinance and read section 16-2-165 (a) 1-2 of the ordinance. The Mayor also stated that whether the fair board desired to rezone or not was entirely up to them, if they do not wish to rezone to the new classification it would be their choice.
Leonard Roskop questioned the performance standards stating that to requirement of having all materials or waste that caused fumes or dust, had to be stored in closed containers. The fair obviously creates animal waste, and the straw bedding as well, he questioned the requirement of having this in a closed container.
George Tendick, 40 Cook Ct, Hudson, CO: Mr. Tendick stated that his concern was with the value of the land that the fair board owns, and that by requiring a special use permit for nearly all events that the fair proposed would be a detriment to their operation, he would like to see the fair in operation for the next eighty years and into the future, and the zoning will be a basis as to whether the fair will be successful or not. The sewcf is not an organization that can be addressed with a catch all zoning classification and the fair board would like to offer to draft a zoning ordinance that would better address their needs and present it to the board. It would be remiss of the fair board to put its future in jeopardy with a zoning change, and we desire to have a zoning that does not require any special use permits but rather have every proposed event as a use by right.
Leonard Roskop: Our current zoning is AG and that addresses the animals, and we currently have a special use permit for the one week long fair, however the other events that are being held currently are not allowed uses, our intent with this request is to be in compliance with the town ordinances, and it is for this reason that the sewcf again requests a creation of a unique fairgrounds zoning.
Gerald Graybill, Keenesburg, CO: The biggest concern is the waste container requirement, as well as the buffering. If a residential development goes in to the east of the fairgrounds, without a specific zoning we could be out of business if there are complaints of the smells and dust from the activities at the fairgrounds. We want to protect ourselves for now and into the future.
Ty Dreiling, Hudson, CO: Perhaps the sewcf needs to seek legal advice to make the best decision, and we feel that many of our concerns were not addressed with this ordinance. Our desire is not to have a zoning that will interfere with our operation.
Mayor Kipp closed the public hearing at 8:16 p.m.
Motion was made by Trustee Baumgartner, seconded by Trustee Tyler to adopt ordinance 2009-05 PZ Zone District; motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Brandt, Tyler, Blackston, and Traxler voting yes.
d. Public Hearing ORDINANCE 2009-07 Bldg Code Adoption: Mayor Kipp opened the public hearing at 8:20 p.m. No public comment was received. The public hearing closed at 8:21 p.m. Motion was made by Trustee Baumgartner, seconded by Trustee Traxler to adopt ORDINANCE 2009-07; motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Brandt, Tyler, Blackston, and Traxler voting yes.
e. RESOLUTION 2009-05 Adoption of Bldg Permit Fees: Motion was made by Trustee Tyler, seconded by Trustee Blackston to adopt RESOLUTION 2009-05; motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Brandt, Tyler, Blackston, and Traxler voting yes.
f. Public Property Use Permit—Sunflower Car Show/Cliff Price Aug 15, 2009:
Motion was made by Trustee Baumgartner, seconded by Trustee Brandt to approve the public property use permit for Sunflower Car Show on August 15, 2009 at Schey Park; motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Brandt, Tyler, Blackston, and Traxler voting yes.
g. RESOLUTION 2009-06 Designated Election Official, calling a special election, approval of IGA Coordinated Election November 3, 2009 with Weld County and Referring Two Ballot Questions:
An earlier version of RESOLUTION 2009-06 was in the board packet that contained no ballot questions, and latest version of this resolution was unavailable during the meeting, therefore the board considered a resolution to designate a DEO, call a special election, and approval of IGA Coordinated Election November 3, 2009. Motion was made by Trustee Baumgartner, seconded by Trustee Tyler to adopt RESOLUTION 2009-06; motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Brandt, Tyler, Blackston, and Traxler voting yes. A resolution or ordinance containing the ballot questions will be addressed at the next meeting to be held on Monday, August 17, 2009.
h. RESOLUTION 2009-07 Municipal Court Fines Regarding Traffic Violations—Double Fines in a School Zone:
Motion was made by Trustee Baumgartner, seconded by Trustee Traxler to adopt RESOLUTION 2009-07; motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Brandt, Tyler, Blackston, and Traxler voting yes.
i. Set Workshop to discuss MOU with Division of Oil and Public Safety:
Barry Kramer with Safebuilt addressed the board explaining the opportunity to allow any school within the Town of Keenesburg boundary to apply for any building permit through the town rather than through the state to allow the money involved to be collected and retained locally. Mayor Kipp noted that he had spoke with Ed Meier at the school district and he had expressed his support for this, as it would allow the school district to accomplish projects in a much timelier manner. Staff was directed to have a Memorandum of Understanding available for the board’s review at the next scheduled meeting on Monday, August 17, 2009.
Board Member Information:
j. 1) Well Flow Data June 2009: Water usage is down.
2) WC Referral USR-1705
3) WC Referral RE-4945
4) Manager’s Meeting Info: Keenesburg to host meeting on Monday, August 3, 2009.
Engineering: Mayor Kipp spoke with Jim Wright and was advised that the first three-four chapters of the utility plan should be complete and ready for review shortly. Mr. Wright has also received the plans for the connection to the water line from the school district and is reviewing it now, once review is complete the agreement will be signed and the school district will be ready to move forward with bids.
Public Works: Mowing is being done on an ongoing basis, no major catastrophes. Trustee Brandt asked about crack fill for the streets, Mayor Kipp advised that although it is needed and there is $39,000 budgeted in the capital improvement fund, in order to be prepared for the revenue shortfall in 2010 it would not be wise to complete this work at this time. Mayor Kipp is looking into possibly purchasing a small crack filling machine to allow the town to complete this work less expensively. The town is looking at other alternatives and will pursue all possible money saving avenues. The park is currently being irrigated with Henrylynn water, and Dustin’s temporary position will be discontinued the end of July. Several board members will be volunteering to help to get through August for park maintenance, and irrigation, the town will be looking at a citizen volunteer program for 2010.
Board Member Comments
Debbie Chumley thanked the board for the opportunity to attend the Colorado Clerk’s Institute during the week of July 13-17, 2009; it was very informative, and educational. Plans are being put together to create a candidate training session, as well as a more in depth training for the board members.
Water/Waste Water: None
Parks: A park committee meeting was held Thursday, June 18, 2009. The plans for the park were located and are available in the Mayor’s office for review. There are several dead trees in the park that need to be removed, and several trees also need to be topped. Marc will be pursuing estimates for this work; however the town may complete this work on their own. The grass catcher is no longer being used at the park, it is too time consuming. The town is looking into purchasing a mulching deck for the mower to be more efficient. This purchase could be made out of the CTF fund in 2010.
Adjournment: Motion was made by Trustee Tyler, seconded by Trustee Brandt to adjourn the meeting; motion carried 6-0; Mayor Kipp, Trustees Baumgartner, Brandt, Tyler, Blackston, and Traxler voting yes. Meeting adjourned at 8:57 p.m.
Danny R. Kipp, Mayor Debra L. Chumley, Town Clerk