TOWN OF KEENESBURG
BOARD OF TRUSTEES REGULAR MEETING MINUTES
MONDAY, AUGUST 18, 2014
KEENESBURG TOWN MEETING HALL
140 S.MAIN STREET, KEENESBURG, CO 80643
6:00-7:00 p.m. Elected officials liability Training
Call to Order: The Board of Trustees of the Town of Keenesburg met in regular session on Monday, August 18, 2014 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: Trustee’s Cindy Baumgartner, Wilbur Wafel, Sandra Beach, Lisa Sparrow, Ken Gfeller, Wendi Tyler, and Mayor Kipp were present.
Others Present: Debra Chumley, Town Clerk, Todd Hodges, Town Planner, Kathleen Kelly, Town Attorney, and Marc Johns, Public Works Director
Public Comments: Mayor Kipp stated that public comments would be taken and after the comments he would give direction to the staff.
Stan Gingerich, Linda Gingerich, 120 W. Nelson, Keenesburg, CO 80643. They addressed the board asking for answers to a few questions. They received a letter stating that their property was out of compliance, and they wanted to know why. They stated that they had several conversations with staff, and no one could seem to explain which ordinance they were out of compliance with. They stated that they wanted to bring their property into compliance, and wanted suggestions as to how to bring the storage unit that they have into compliance, other than removing the storage crate. No one has been able to tell us why we cannot have our storage unit. They did not want an opinion or interpretation they wanted a black and white answer as to what the problem is. Mayor Kipp said that a response will be given to them after some research has been completed. Mr. Gingerich stated that the building had the same metal on it as every pole shed in town; therefore he wanted to know they cannot have the storage unit on their property. It does not have corrugated metal. Mayor Kipp read Keenesburg municipal code 16-2-40 accessory use structures in residential areas; Mr. Gingerich was issued a warning on a sea container and staff was directed to get clarity from legal and her interpretation of the code, prior to issuing a warning. Mayor Kipp asked Kathleen Kelly to comment on this. Kathleen discussed the definitions in the zoning code, an accessory use is subject to requirements of the code, and the term building is defined in the zoning code to be a structure, and a sea crate is not a structure. A structure is defined in the zoning code as a building meaning a structure designed built of occupied as a shelter or roofed enclosure for persons, animals or property. A structure is defined as something made or constructed the use of which requires permanent location on the ground, or attached to something having more or less permanent location on the ground. This crate is not a structure and is used for shipping and transporting goods and materials. The other issue in the zoning code is that even if they could make the argument that the storage unit is attached to the ground, the zoning code requires that accessory structures be made of materials similar to the home located on the lot, and that is another issue that staff has had, she stated that she had not seen the sea create but in her understanding is that is not similar, and these were the items that were identified for the staff in the zoning code. The issue is not what can be done to bring this into compliance, it cannot, and it is not permitted on the lot. It is not eligible for a variance. Trustee Baumgartner asked what a sea crate was, Mayor Kipp explained that it is a container used on rail, or overseas to ship goods in, and has a swing door, steel box.
Trustee Beach stated that she remembered that something was changed in zoning code, the code used to not allow for metal siding, and that was what was changed to allow metal siding, and roofs. Mayor Kipp elaborated on this and said that the code was changed to allow pro panels. Trustee Gfeller asked if a structure could be built around the sea crate to come into compliance, and Kathleen stated yes. Direction was given to staff to move forward with the process that they are currently in, or otherwise. Give a very good explanation as to why it is out of compliance, could put in easier language so everyone can understand. Staff was directed to get a memo out to Mr. Gingerich with the conversation as to why it is not compliant.
Approval of minutes 07/21/2014
Financials 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, Trustee’s Baumgartner, Wafel, Beach, Sparrow, Gfeller and Tyler voting yes.
Mayor Kipp opened the public hearing for the rezoning for Boyd and Helen Arnold and for an application for a Use by Special Review permit for an RV Park to be located at 220 Hwy 2, Keenesburg, CO at 7:15 p.m. Mayor Kipp stated that the purpose of this hearing was to provide a public forum for all interested parties who wish to comment on the applications before the Board of Trustees. He asked that speakers sign the roster on the back table if they wished to speak. Mayor Kipp explained the procedure for the public hearing as follows: First, a presentation by the applicant, next a presentation by town staff, and following these presentations, people who have signed the roster will be allowed to speak for up to three minutes, he further asked that speakers do not repeat what has already been stated, and asked all speakers to direct their comments to the Board. After all public comments have been received; staff and the applicant will be allowed an opportunity to answer any questions that were brought up by the public. The matter will then be turned over to the board and the board members will have the opportunity to ask any questions they have, after the board discusses the matter we then may take some kind of action. Mayor Kipp stated that public hearings were recorded for the public record, and that all testimony had to be presented at the podium after giving your full name, address, and you are sworn to tell the truth.
Mayor Kipp asked if proper notification had been given.
Clerk Chumley stated that all legal notifications had been made as follows: notice was published in the Greeley Tribune on Wednesday, July 23, 2014, the property owners within 300 feet had been mailed notice on Thursday, July 17, 2014, and the property was posted advising of the public hearings on Monday, July 21, 2014
Mayor Kipp asked if any board members had any disclosures. There were none. He then turned it over to the applicant for their presentation.
Steve Stencil, Intermill Surveying, 1301 N Cleveland Ave, Loveland, CO 80537: Swore to tell the truth. Mr. Stencil stated that he represented the applicants Boyd and Helen Arnold, and that they were present as well as their engineer JC York. He thanked the board for taking the time to consider this project. He stated that the applicants wish to develop 220 W Hwy 2 Keenesburg, CO into an RV park for short and long term guests and that the Arnolds have been part of the community for many years and have donated time and materials to the town on numerous occasions. He stated that they Arnold’s wish to build a warm, clean, and inviting RV park for the community, visitors, and aid with long term stay for employees of the surrounding energy boom. Mr. Stencil felt that the location of this property was ideal for this use based upon available access, location, ease of connection to public utilities and the low impact on surrounding uses. The site consists of 7.9 acres and is annexed into the Town of Keenesburg he then gave a general location. The proposed RV park will ultimately consist of 51 full hook up RV slips; each site will have water/sewer and electricity with no dump station, and will be completed in four phases. Phase one and two will be constructed at the same time and will contain 21 sites, with guest restroom facilities. The entire site grading, drainage and utilities will also be completed with phase one and two. The remaining two phases will be completed based on demand, and will consist of the remaining 30 spaces. There will also be a guest restroom facility that will consist of his/hers restrooms that includes two shower stalls in each and will be separated by a laundry facility that will contain 2 washers, and 2 dryers. This facility will be locked at all times and require a code for access, that will be supplied at time of check in. A dog run, park, children’s playground and a bbq gathering area are also proposed for the RV park these amenities will be located just east of and adjacent to the office for close monitoring. The site currently has two structures that consist of a one story single family residence and a shed; the single family structure will be converted into the RV office as well as living quarters for an attendant on the property, and the existing shed that will be used for storage. There will be 20 parking spaces throughout the park as well as four lengthened spaces to accommodate boats, ATV’s etc. The traffic report recommended that a left turn lane be installed on highway 2 at phase three. The site drainage is designed to drain from the northwest to southeast portion of the property where there will be an onsite detention pond and it will flow as it has historically. The water then flows in its historical path under the railroad tracks through an existing culver. The proposed detention pond will not be a water feature and will not have standing water unless a storm takes place. If there is water present for any length of time the applicant has agreed to treat the water for mosquitoes. Town staff recommended that pedestrian access on the South side of Hwy 2 be installed from the west corner of the property to Market Street the applicant would like to request that this path be five foot wide and constructed of concrete for longevity and ease of maintenance Also the placement of path would be just inside the southerly ROW of Hwy 2 to keep the path approx 30 feet from the edge of the travel lane. CDOT will have to approve the construction documents as well as all the work in the ROW the proper access and construction access construction permits will be acquired from CDOT prior to work being performed. Extensive landscaping is proposed and will incorporate existing trees and consist of approximately 150 trees to create a private and relaxing environment for the guests. The landscaping will be hand watered until plantings are self sufficient. Two nature areas are proposed for this site. These areas are generally located in the southwest corner and along the easterly side of the site, they contain mature trees that would allow for bird watching and also bring a mature landscape feeling to the park. These areas can be used for nature walks and activities for the guests; they also are natural buffer areas next to commercial uses or activities. The applicant plans to incorporate existing trees on the site into the layout of the slips depending upon location of grading, utility layout and roadway location. The applicant plans on transplanting numerous trees in the northeast corner of the site to create a natural noise and visual barrier for the existing homes across the highway to the northeast. Safety for the park guests and community is of the utmost importance. As mentioned earlier the site contains an existing single family residence that will be converted into the RV park office and caretakers quarters. The park employee will be present and on call 24/7 to enforce rules and regulations for any maintenance issues that may arise. It is also proposed to have low impact lighting throughout the site for evening illumination near the office, bathroom, check in area, dumpsters, and visitor parking; the lighting will be designed and placed so not to impact the guest and surrounding properties. The applicant has proposed a street light within the highway ROW at the entrance of the RV park as a visibility aid and pedestrian safety. There will be a fence around the entire perimeter of the park and they are proposing a split rail fence with woven wire mesh that will enhance the theme of the park giving it an attractive and spacious feel. The applicant is proposing a functional product without creating an eye sore for the community. The fence will help deter young children from roaming outside of the park and to attempt to keep loose pets in or out and children within the park. No trespassing signs can be considered along the west, south, and easterly boundaries of the properties to help discourage guests from entering those areas. Safety has been taken to consideration with the vertical design of the site as it relates to the grading, the office/caretakers quarters sits on the high side of the site giving them a visual vantage point of the entire park. Odor noise, crime, trash lighting and visual nuisance can be associated with any type of development whether a residential subdivision commercial industrial developments, gas station, motel, or restaurant it can be a concern if not addressed and mitigated. The design and thought process of this project have attempted to address the concerns that are not completely out of the applicants hands. Each site will have the ability to hook up to sewer to limit any smell, four enclosed dumpsters will be emptied on a set schedule and will be screened, noise will be regulated by park rules and town ordinances. This project is no different than a housing development other than it will be monitored 24/7. The visual effect of this RV park will present an open, inviting feeling. Crime is always an issue, and there is a plan in place to address any issues that may arise. The proposed RV park will be a place for people to live whether passing through, needing place to stay while building a new home, or need a place long term for employment opportunities. Generally for most people if they live there they will respect the neighbors and community, it will be a well run park with enforced rules and regulations and 24/7 monitoring. If the park remains clean well kept and maintained, the guests will tend to respect their surroundings more. Millions own RV’s and many people call them home because of their flexibility and affordability; campgrounds are in demand due to the increase in popularity. If a clean respectable park with a strong sense of rules and regulations along with the capability of evicting guests for violations then a campground can be a very enjoyable experience. If someone is worried about a small community supporting two RV parks, many communities have more than one grocery store, more than one gas station, more than one motel, more than one restaurant, having more than one creates healthy competition and gives the community and visitors more than one choice. We respectfully request you consider this application based on municipal code and the planning commission’s recommendation for approval, thank you for your time and consideration, the applicants or I will be happy to answer questions that you may have.
Mayor Kipp asked that the town planner present the staff report and provide other information for the board’s consideration.
Todd Hodges noted that with the land use plan this area is for future mixed use. Todd
No other staff comments
Mayor Kipp opened the public hearing to public comments he asked each speaker to fully state their full name and address for the record and be sworn in. He asked if anyone who had not signed the sheet if they wanted to be added.
No other speakers. Clerk Chumley called the first name.
Steve Montoya, 75 N Market St, Keenesburg, CO 80643: Swore to tell the truth. He owns property on 90 W Hwy 2 east of the Arnold development, he asked with the five foot sidewalk, wanted to know if they would add an entrance as he has two accesses to his property.
There was no other public comment.
The applicant offered further comment. Steve Stencil, Intermill Surveying, he commented on Mr. Montoya’s question, it depends on what CDOT will require as well as the town and perhaps an asphalt approach up to the sidewalk, or some kind of concrete apron, it will be deferred to public works, CDOT and the engineer, and then it will be addressed prior to the sidewalk construction.
There was no additional staff comment.
Mayor Kipp closed the public comment portion of public hearing.
Mayor Kipp stated that before he turned this over to the Board of Trustees for consideration that the documents included as part of this record for this public hearing, included all the application materials submitted by the applicant, all materials in the planning commission packet, the power point presentation given tonight, all written referrals and public comments received regarding this application, and the town subdivision and zoning ordinances and then asked if there were any questions.
Board questions: Trustee Baumgartner asked about drainage from where to where? JC York, J & T Consulting, 305 Denver Ave, Fort Lupton, CO 80621: The drainage goes into a detention pond on west side of ditch, and from the detention pond goes into the railroad ROW and drains from the ROW through the culvert under the railroad tracks. Trustee Baumgartner asked what the ground will be covered with; the driveways will be covered with gravel, and the same for the RV slips, and landscaping, trees, mulch and native seeding probably where the detention pond is. Detain for 100 year storm release for historic rates so no more added drainage coming off the site. Any additional is being detained so will drain as it currently does. If there is standing water mosquito control will be instituted. Trustee Baumgartner asked how big the culvert under the railroad was, the answer was 24 inch. The sidewalk will come all the way to Market? Yes
Trustee Wafel inquired about the two accesses to property owned by Mr. Montoya, and Mr. Montoya confirmed that it was surveyed as two lots.
Trustee Beach questioned whether all of the conditions had been met at this point. Kathleen Kelly confirmed that not all conditions have been met, but that the Planning Commission had added conditions to the resolution, and the applicant has been working on those items. Mayor Kipp confirmed the added conditions 1b to revise the map to show a concrete sidewalk not crushed fines, 1c show the location of the playground and bbq area on the map, and 1d to add one downcast street light at the entrance.
Trustee Baumgartner commented on the office at the site asking if someone will be living there and how will it be staffed. Steve Stencil replied that the applicant planned on hiring someone to live there and work the park, and the Arnolds who will be involved on daily basis as well.
Mayor Kipp commented that the sidewalk and public works will need to be heavily involved with the entrances, and what needs to be done to protect the sidewalk on the approach and coming off of the sidewalk, he asked that the applicant make sure that they working with public works and CDOT on this.
Trustee Beach commented about the water main extension and fire hydrants, Kathleen Kelly stated that there has been a public improvements agreement draft that included these conditions and let everyone know that the public improvements agreement would have to come back to the board. The applicant will extend the water main at their cost, and once it meets requirements it will be turned over to the town. The interior lines will be the responsibility of the applicant to maintain.
Trustee Baumgartner questioned the size of the RV park and it was clarified that what is approved will be in place. Trustee Beach questioned the size of the sites and asked if it was a standard size. The board reviewed the detail map on the site sizes.
Trustee Tyler commented that she had concerns of the town sustaining two RV parks, and would like to see it develop differently, as well as concerns about when the energy boom is over if the town may have two vacant RV parks.
Mayor Kipp closed the public hearing at 7:50 p.m. and turned this matter over to the Board of Trustees for consideration of RESOLUTION 2014-22, and ORDINANCE 2014-10.
Motion was made by Trustee Gfeller seconded by Trustee Beach to rezone 220 Hwy 2 from Agricultural District to Highway Commercial District. A roll call vote was taken Trustee Baumgartner yes, Trustee Wafel yes, Trustee Beach yes, Mayor Kipp yes, Trustee Sparrow no, Trustee Gfeller yes, and Trustee Tyler yes. Motion carried 6-1.
Trustee Baumgartner had question in regard to whether it will come back to the board for the conditions, Kathleen Kelly clarified that the conditions will be tracked by staff and the application will not return to the board unless the board desired to continue the public hearing and provide new public notice, and schedule a new hearing. Concerns that conditions will not get met, but the public improvements agreement will come back to the board. The conditions were reviewed, and Kathleen Kelly clarified that the board could provide additional conditions if the board feels it is appropriate. The conditions all have to be met prior to operation.
Motion was made Trustee Beach seconded by Trustee Wafel to adopt RESOLUTION 2014-22 approving a Use by Special Review for the Arnold RV Park. A roll call vote was taken, Trustee Baumgartner yes, Trustee Wafel yes, Trustee Beach yes, Mayor Kipp yes, Trustee Sparrow no, Trustee Gfeller yes, and Trustee Tyler no. The motion carried 5-2.
Mayor Kipp explained that this resolution added fees for the licensing of pot-bellied pigs. Motion was made by Trustee Sparrow seconded by Trustee Tyler to approve RESOLUTION 2014-23 fees for services. The motion carried 7-0, Trustees Baumgartner, Wafel, Beach, Sparrow, Gfeller, Tyler and Mayor Kipp voting yes.
Motion was made by Trustee Beach seconded by Trustee Tyler to adopt RESOLUTION 2014-24 approving an ACH agreement with Colorado East Bank and Trust. The motion carried 7-0, Trustees Baumgartner, Wafel, Beach, Sparrow, Gfeller, Tyler and Mayor Kipp voting yes.
Mayor Kipp explained that this was a water valve installation for the replacement of the hydrant on Main and Crawford. The hydrants along Main Street did not have valves on them, and when the hydrant needs to be replaced we would have to turn off several customers. We have done a hot tap valve replacement so that no one will be put out of service. Parts and repairs are an estimate; please do not make a motion for the exact amount as there have been problems in the past. Trustee Sparrow questioned why there was just one quote, and Marc explained that this was a specialty type of company that we have used in the past.
Motion was made by Trustee Sparrow, seconded by Trustee Gfeller to accept the estimate to replace the fire hydrant and two water valves Main and Crawford and Main and Gandy. Motion carried 7-0, Trustees Baumgartner, Wafel, Beach, Sparrow, Gfeller, Tyler and Mayor Kipp voting yes.
Marc Johns, public works director, explained that over the last year he had been working with several individuals regarding ground water being expelled. The water table has risen and the water discharges over the sidewalk and down the gutter, and it is now running more than it has and has created a safety issue with constant water funning down, as well as ice in the winter, and making the dip pan deteriorate. He asked that the board grant an exception to the code to allow them to connect the sump pump into the sewer system. Kathleen Kelly asked if the board is authorized to act on an exception or is it necessary to amend the code to provide for this. The board was not aware as to whether the board had the power to issue an exception. There was much discussio9n regarding the increased drainage, and the design of the sump pump at this location. The board directed staff to research the code to determine if a change must be made to the code in order to accommodate this action.
Mayor Kipp explained that there were about 18 applicants, they were rated and the top seven were interviewed and rated as well. The number one pick was offered the job dependent upon board approval, and this offer was turned down, the next applicant, Toni Pearl was offered the position, and she accepted contingent upon board approval. Mayor Kipp asked that the board approve this offer at a rate of $14.85 per hour. Motion was made by Trustee Beach seconded by Trustee Sparrow to approve the job offer to Toni Pearl for the position of Assistant Town Treasurer. Motion carried 7-0, Trustees Baumgartner, Wafel, Beach, Sparrow, Gfeller, Tyler, and Mayor Kipp voted yes.
Motion was made by Mayor Kipp, seconded by Trustee Tyler to go into 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 Site License Agreement for Wireless Service Facilities. A roll call vote was taken, Trustee Baumgartner yes, Trustee Wafel yes, Trustee Beach yes, Mayor Kipp yes, Trustee Sparrow yes, Trustee Gfeller yes, and Trustee Tyler yes. Motion carried 7-0
Mayor Kipp stated that the time was now 8:35 p.m. and the executive session had concluded. The participants in the executive session were: Attorney Kathleen Kelly, Trustee Cindy Baumgartner, Trustee Wilbur Wafel, Mayor Danny Kipp, Trustee Lisa Sparrow, Trustee Ken Gfeller, and Trustee Wendi Tyler. 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 state your concerns for the record. Seeing none we will move to the next agenda item.
Board Member Information and discussion:
k. 1) Well Flow Data July
2) Colorado Mosquito Control adult mosquito trap data and monthly report for July: Trustee Tyler asked about the mosquito spraying and was advised that she is welcome to call Colorado Mosquito Control for any questions.
3) July Crime Report
4) Second quarter Code Enforcement Report
Engineering: Mayor Kipp advised the board that the town’s current engineer Jim Wright has advised us that he will be retiring soon. The town will be putting out and RFP for engineers to select a new town engineer. Jim will help with the transition and assist in the interviewing.
Public Works Report: Marc Johns, Public Works Director, advised the board that the public works teams has been working on water repairs, and sewer jetting and a few water main leaks that have been repaired.
Burlington Northern anticipates that the crossing will be repaired sometime in September.
Finance: Trustee Beach was concerned that she has not been able to attend the Finance meetings, and questioned whether she should move to another committee. Mayor Kipp replied that no, the finance meeting was open to whoever could attend.
Board Member Comments: The Weld County Commissioners have completed the first reading of the resolution adopting the Coordinated Planning Agreement that the board worked on for several months. It will help if there is any impact from new development to be able to work on the mitigation up front.
Water rights study has been submitted to the state, and when approved the town has gained 240 additional acre feet of water.
Adjournment: Motion was made by Trustee Baumgartner, seconded by Trustee Wafel to adjourn the meeting; motion carried 6-0, Mayor Kipp, Trustee’s Baumgartner, Wafel, Beach, Sparrow and Gfeller voting yes. The meeting adjourned at 6:51 p.m.
Danny R. Kipp, Mayor Debra L. Chumley, Town Clerk
TOWN OF KEENESBURG
LIQUOR LICENSE AUTHORITY MEETING AGENDA
MONDAY, AUGUST 18, 2014
IMMEDIATELY FOLLOWING REGULAR 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 regular session on Monday, August 18, 2014 at Keenesburg Town Hall located at 140 S. Main Street. Mayor Kipp called the meeting to order at 8:45pm.
Roll Call: Trustees Cindy Baumgartner, Wilbur Wafel, Sandra Beach, Lisa Sparrow, Ken Gfeller, Wendi Tyler and Mayor Danny Kipp were present.
Others present: Debra Chumley, Town Clerk, Marc Johns, Public Works Director, and Kathleen Kelly, Town Attorney.
l. Liquor License renewal Country Liquor
Motion was made by Trustee Sparrow, seconded by Trustee Gfeller to approve the renewal of the liquor license for County Liquor. Motion carried 7-0, Trustees Baumgartner, Wafel, Beach, Sparrow, Gfeller, Tyler and Mayor Kipp voting yes.
Adjournment: Motion was made by Trustee Tyler, seconded by Trustee Beach to adjourn the meeting; motion carried 7-0, Mayor Kipp, Trustee’s Baumgartner, Wafel, Beach, Sparrow, Gfeller, and Tyler voting yes. The meeting adjourned at 8:47 p.m.
Danny R. Kipp, Mayor Debra L. Chumley, Town Clerk