TOWN OF KEENESBURG
BOARD OF TRUSTEES REGULAR MEETING MINUTES
MONDAY, APRIL 17, 2017 6:00 P.M.
KEENESBURG TOWN MEETING HALL
140 S MAIN ST, KEENESBURG, CO 80643

 

Call to Order

The Board of Trustees of the Town of Keenesburg met in a regular session Monday, April 17, 2017 at Keenesburg Town Hall located at 140 South Main Street. Mayor Kipp called the meeting to order at 6:00 p.m.

 

Pledge of Allegiance

 

Roll Call

Members Present: Mayor Danny Kipp, Trustees John Howell, Wilbur Wafel, Sandra Beach, Marc Johns, Kenneth Gfeller and Wendi Tyler.

Others Present: Debra Chumley, Town Manager, Toni Pearl, Town Clerk, Kathleen Kelly, Town Attorney and Angela Snyder, Town Planner.

 

Mayor Kipp made a motion seconded by Trustee Gfeller to amend the agenda to add item A1. Request for donation from Keene Clinic. Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes.

 

Public Comments

None

 

Consent Agenda

 

  1. Approve Minutes from March 20, 2017

Financial Reports and Payment of Bills

Motion was made by Trustee Tyler seconded by Trustee Gfeller to approve the consent agenda items. Motion carried 7-0; Mayor Kipp Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes.

 

New Business

 

                        a1.       Request for Donation Keene Clinic

Janet Huck, Keene Clinic Fundraiser Committee. Janet requested a donation from the town to help the clinic build a 1,248 sq. ft. addition to the building. $12,000 was raised last year and their goal for 2017 was $20,000. The board discussed how much they thought was reasonable and agreed on a donation of $300. Motion was made by Trustee Beach seconded by Trustee Johns to donate $300 to the Keene Clinic. Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes.

 

  1. Monthly Police Report/Citizen’s Police Academy Information

Sergeant Ramirez was not present to give the police report. The board expressed no concerns.

 

  1. Public Hearing: Viking Mobile Repair Special Use Permit for Semi- Truck and Auto Repair Shop

Mayor Kipp opened the public hearing at 6:10 p.m. on the application by Lucky Lane Rod & Custom, Inc. d/b/a as Viking Mobile Repair for approval of a special use permit for operation of a semi-truck and auto repair facility at 105 South Main Street. He gave an overview of the process that would take place during the hearing. First a presentation by the applicant, next a presentation by the Town Staff, after those presentations members of the public are invited to speak, then the public hearing will be closed and members of the board may ask questions.

Staff stated that notice was published in the Greeley Tribune March 29, 2017, notice was mailed to all property owners within 300 ft. of the property on March 29, 2017 and the property was posted on March 28, 2017.

 

Applicant: Donald J. Bratrosvsky, 7447 CR U Wiggins, Colorado 80643 was sworn in by Mayor Kipp. Mr. Bratrosvsky stated his client base had more than doubled therefore he was in need of an expansion. Extensive renovations would take place which include: removing windows, concrete, raising the garage doors, siding and paint. He thanked the board.

 

Town Planner: Angela Snyder, Todd Hodges Design, LLC. Angela shared a PowerPoint presentation. The land use application included a request for a use by special review permit to operate an implement and vehicle repair facility and a coffee shop. The proposed use is allowed as a use by special review in the commercial business district. The proposed coffee shop is also a use by special review and requires an administration site plan for such use. Based upon the findings identified in the report staff recommends approval of the Viking Mobile Repair use by special review with the following conditions prior to recording, the following notes shall be added to the Use by Special Review map: a. The Use by Special Review permit is non-transferable without consent of the Board of Trustees pursuant to Section 16-2-180(c) of the Keenesburg Municipal Code. b. The proposed coffee shop is a use by right in the Commercial Business District (CBD). Approval of the site plan for such use will be issued by the Town Planner administratively pursuant to Section 16-2-190(i) of the Keenesburg Municipal Code. Any changes in such use may require an amendment to the site plan, as set forth in the Keenesburg Municipal Code. c. Building permits shall be obtained prior to any modification of the structure shown on the site plan.

 

There were no questions or comments from the public on this hearing.

 

Trustee Wafel asked the applicant how he planned to use the alley. Donald stated he would only use it for loading and unloading. Trustee Beach asked the applicant if he will be working on only the semi-truck or the semi-truck and trailer. Donald stated it would depend and also in addition to repairs he would be doing DOT inspections but overall does not plan to have semi-trucks parked on the street instead will have a designated location on the property for them. Mayor Kipp asked the applicant to explain his timeline for starting work. Donald shared closing was scheduled for April 21, 2017 and planned to get started as soon as possible and would pull the necessary permits. The board expressed no further questions or concerns. Donald thanked the board for their time. Mayor Kipp closed the public hearing at 6:23 p.m. on the application by Lucky Lane Rod & Custom, Inc. d/b/a as Viking Mobile Repair for approval of a special use permit for operation of a semi-truck and auto repair facility at 105 South Main Street.

 

  1. RESOLUTION 2017-09 Approving a use by special review permit for Viking Mobile Repair

Mayor Kipp stated the conditions were approved by the Planning Commission on April 13, 2017. Motion was made by Trustee Gfeller seconded by Trustee Tyler to adopt RESOLUTION 2017-09 approving a use by special review permit for Viking Mobile Repair. A roll call vote was taken: Trustee Howell yes, Trustee Wafel yes, Trustee Beach yes, Mayor Kipp yes, Trustee Johns yes, Trustee Gfeller yes and Trustee Tyler yes. Motion carried 7-0.

 

  1. ORDINANCE 2017-05 amending title 13 of the Keenesburg Municipal Code regarding water and sewer rates

The ordinance establishes the water system fee and enables the town to charge and collect the raw water acquisition fee that was identified in the Development Fee Study that was completed in March. In addition the ordinance further identifies a separate water tap fee as well as wastewater systems fee. The rates will be set by resolution. Motion was made by Trustee Beach seconded by Trustee Johns to adopt ORDINANCE 2017-05 amending title 13 of the Keenesburg Municipal Code regarding water and sewer rates. Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes.

 

  1. RESOLUTION 2017-08 Establishing water and sewer rates

The resolution sets the rates to be charged for the water and sewer taps, as well as a raw water acquisition fee. In addition the proposed water and wastewater user rate increase was included based on the rate study that was completed in 2015. History of the fees were included in a redlined version on the resolution included. Showing 2015, 2016 and the proposed increase for 2017. To keep pace with the town’s 20 year capital plan an 8% increase in the water on the base rate only and an 11% increase in the wastewater were proposed. All rates contained in the resolution are proposed to go into effect July 1, 2017. Staff recommended an approval to assure revenue levels keep pace with costs. Trustee Wafel suggested increasing the bulk water rate to $10.50 per 1,000 gallons. The board agreed. Motion was made by Trustee Beach seconded by Trustee Tyler to adopt RESOLUTION 2017-08 establishing water and sewer rates with a change to increase the bulk water rate to $10.50 per 1,000 gallons. Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes.

 

  1. Consideration to name park on Miller Street RESOLUTION 2017-10

Kevin & Kathy McCarthy 16480 Cavanaugh Rd, Keenesburg, CO 80643. Kathy sent a letter to the board to propose naming the park off Miller St after John and Emma Meier. They have lived in Keenesburg for over 50 years and felt this would be a great tribute to the couple who have done a lot in the community. Keven asked if it’s approved if the town would like to present this to them at their 60th wedding anniversary held at the American Legion April 30, 2017 11am-4pm. Motion was made by Trustee Beach seconded by Trustee Tyler to adopt RESOLUTION 2017-10 naming the park on Miller Street, John and Emma Meier Park. Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes.

 

  1. RESOLUTION 2017-07 Approving an annexation agreement for the Three H-K/ Horton Farms II, LLC annexation nos. 1-2

The annexation was reviewed by the Mayor, Kathleen and Paul Anderson and was negotiated in good faith and James Pansing as the business manager for both entities has agreed to all terms and has signed the agreement. A few items differ from previous annexation agreements: Section 7, the town is requesting a 30’ easement for future utilities along the frontage road of the property facing I-76. 16c three wells to be drilled at the owner’s sole expense, water usage fee of $5.00 per month, owner may receive water from the wells until a water main is within 200’ of a stricter served by the water well, at such time that any of the three properties connect to the town. 16d the town agrees that the owner be allowed to sell water to future lot owners if they require additional water prior to a town water man being located within 200’. This provision gave the applicant the ability to market this property to all types of heavy industrial business. All water rights are apportioned to the annexed property will be convey to the town, if the owner sells addition water rights these rights would be previously reserved water rights and will not in any way diminish the water rights that will be conveyed to the town upon annexation. Motion was made by Trustee Beach seconded by Trustee Wafel to adopt RESOLUTION 2017-07 approving an annexation agreement for the Three H-K LLC/ Horton Farms II, LLC Annexation No. 1-2. Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes.

 

  1. RESOLUTION 2017-11 Approving a revocable license agreement allowing for use and occupancy of a portion of the Broadway right-of-way

The ROW on Broadway is 60’ wide and is not currently being used. The curb location is 17’ to the north of the actual ROW. The same situation exists on the west end of Broadway with many home having part of the town’s ROW fenced in. The purpose of this agreement is to acknowledge the town’s ROW and preserve it for possible future use. This will grant permission to the owner to close the area with a fence and add general landscaping. The property located at 90 N Market has requested the use of the town’s ROW to place a fence, trees and general landscaping materials. The provisions of the agreement allow for the town to enter the ROW for town purposes and if any damage occurs to the fence, landscaping etc. the town will not be responsible. In addition any placement of landscaping, trees, etc. needs to be approved by the town in advance. Kathleen noted a revocable license will protect the town. Making the property owner aware the ROW is being used and can be revoked at any time, for any reason. Motion was made by Trustee Tyler seconded by Trustee Johns to adopt RESOLUTION 2017-11 approving a revocable license agreement allowing for use and occupancy of apportion of the Broadway right-of-way. Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes.

 

 

  1. RESOLUTION 2017-12 Approving a revocable license agreement allowing for use and occupancy of a portion of the Pine Street right-of-way

The ROW on Pine St. is 60’ wide and the entire ROW is not currently being used and there is no sidewalk in the area. The owner requested use of the ROW for the placement of his dumpster, which has already been placed on a concrete pad and to allow him to place a fence to screen the dumpster from view as required by the code. Due to the fact the property is on the end of the street and there is no purpose for a side walk Debbie recommended approval of the license agreement that contains the provision to protect the town’s ROW for future use when development occurs in the area. Mayor Kipp expressed his concern because the code states no dumpsters can be on the town right-of-way in which in this case would be if the agreement is approved. Kathleen agreed and stated that the code specifically states no dumpsters on right-of-ways therefore approving the resolution could cause additional problems. There was no action taken on RESOLUTION 2017-12.

 

  1. Request for donation, ad in fair book

The town received a request for advertising in the Fair Book, last year the town placed a ½ page ad in the amount of $225.00. Staff recommended that the town again purchase the ½ page ad in the amount of $225.00. This expenditure comes out of the line item for community support fund which was budgeted with $1,500.00 Year to date the town has donated $100.00 to WCHS after prom committee and an earlier donation of $300.00 made to the Keene Clinic. Resulting in $1,100.00 remaining in the community support fund. Motion was made by Trustee Beach seconded by Trustee Tyler to place a ½ ad in the Fair Book in the amount of $225.00. Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes.

 

  1. Request for donation for summer reading program

The town received a request for a donation to the Hudson Library Summer Reading Program. Last year the town donated $100.00, although the library is in Hudson the district serves the entire community. Staff recommended a $100.00 donation. After approval of the last item there was $875.00 remaining in the community support fund. Motion was made by Trustee Beach seconded by Trustee Wafel to donate $100.00 to the summer reading program. Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes.

 

  1. Citizen Request

Jerry Starks furnished the board with a letter asking them to reconsider asking him to build another fence on his property, to screen his dumpster that can be seen off Johnson Street. Mr. Starks noted he lives on Kiser Ave and it is not visible from the front of his property, and is only visible from the end of a dead end street. Mayor Kipp stated Mr. Starks’ situation meets the intent of the code and cannot be seen from the street. The board members agreed. Staff was directed to contact the code enforcement officer to inform her that Mr. Starks meets the intent of the code.

 

 

  1. Executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. § 24-6-402(4)(e) regarding the possible purchase of property

Motion was made by Mayor Kipp seconded by Trustee Tyler at 7:15 p.m. to go into an executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. § 24-6-402(4)(e) regarding the possible purchase of property. A roll call vote was taken: Trustee Howell yes, Trustee Wafel yes, Trustee Beach yes, Mayor Kipp yes, Trustee Johns, Trustee Gfeller and Trustee Tyler yes. Motion carried 7-0.

 

Mayor Kipp stated the time was 7:35 p.m. the executive session had concluded. The participants in the executive session were: Town Attorney Kathleen Kelly, Mayor Danny Kipp Trustees John Howell, Wilbur Wafel, Sandra Beach, Marc Johns, Kenneth Gfeller, Wendi Tyler and Town Manager Debra Chumley. Those who participated in the executive session were asked to state their concerns if they believed 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. There were no concerns.

 

  1. Board Member Information and Discussion
    1. Well Flow Data
    2. SAFEbuilt Monthly Report
    3. Valley Bank & Trust After Hours

Staff Reports           

  1.  Administration
  2.  Public Works

Adam Charon was hired as the public works employee and started April 3rd, he will attend the May 15th meeting. The Easter Egg Hunt went well although the attendance was down from last year. The Mayor and staff attended a news conference to announce Pedal the Plains scheduled for September 15th-17th. The town will be the first overnight stay. There are plans for a beer garden, an evening concert, dinner and breakfast. SE Weld Fire District plan to host the breakfast and the planning committee will reach out to the Fair Board to ask for consideration to host the dinner. Town Hall will be closed July 14th because staff will be out for training. The board congratulated Toni for receiving a $1,500 scholarship to attend the Clerks Institute. Wild Country RV Park has moved forward to add 40 additional sites. Trustee Johns noted he would like to schedule a park committee meeting after the April 24th meeting.

 

  1.  Legal
  2.  Engineering

Committee Reports

Board Member Comment

Adjournment

Motion was made by TrusteeTyler seconded by Trustee Gfeller to adjourn the meeing. Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes. The meeting adjourned at 7:44 p.m.

 

 

 

TOWN OF KEENESBURG
LIQUOR LICENSING AUTHORITY MEETING MINUTES
MONDAY, APRIL 17, 2017
IMMEDATELY FOLLOWING BOARD MEETING.
KEENESBURG TOWN MEETING HALL
140 S.MAIN STREET, KEENESBURG, CO 80643

 

 

 

Call to Order

The Liquor Licensing Authority of the Town of Keenesburg met in a regular session Monday, April 17, 2017 at Keenesburg Town Hall located at 140 South Main Street. Mayor Kipp Called the meeting to order at 7:45 p.m.

 

 

Roll Call

Members Present: Mayor Danny Kipp, Trustees John Howell, Wilbur Wafel, Sandra Beach, Marc Johns, Kenneth Gfeller and Wendi Tyler.

Others Present: Debra Chumley, Town Manager, Toni Pearl, Town Clerk and Kathleen Kelly, Town Attorney.

 

  1. Liquor License Renewal Ponderosa Inn

Motion was made by Trustee Tyler seconded by Trustee Johns to approve the liquor license renewal for the Ponderosa Inn. Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes.

 

Adjournment

Motion was made by Trustee Tyler seconded by Trustee Gfeller to adjourn the meeting. Motion carried 7-0; Mayor Kipp Trustees Howell, Wafel, Beach, Johns, Gfeller and Tyler voting yes. The meeting adjourned at 7:45 p.m.

 

 

ATTEST:      

 

 

                                                                                                                                   

Danny Kipp, Mayor                                             Toni Pearl, Town Clerk