TOWN OF KEENESBURG
WEDNESDAY DECEMBER 21, 2016 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 special session, December 21, 2016 at Keenesburg Town Hall located at 140 S. Main Street. Mayor Kipp called the meeting to order at 6:00 p.m.
Pledge of Allegiance
Members Present: Mayor Kipp,Trustees Steven Brandt, Wilbur Wafel, Sandra Beach, Marc Johns and Kenneth Gfeller
Excused: Trustee Wendi Tyler
Others Present: Debra Chumley, Town Manager, Toni Pearl, Town Clerk and Kathleen Kelly, Town Attorney
Motion was made by Mayor Kipp seconded by Trustee Brandt to amend the agenda to add numbers 1. Schedule a special meeting and 2. Motion to reconsider Resolution 2016-49 and Ordinance 2016-24 through 2016-27 at a special meeting. Motion carried 6-0. Mayor Kipp, Trustees, Brandt, Wafel, Beach, Johns and Gfeller voting yes.
Kathleen noted a special meeting was requested because the current property owners did not want to sign the annexation agreement. Therefore EWS planned to purchase the property scheduled to close January 3, 2017. At the scheduled special meeting a new agreement will be signed listing EWS as the property owner. The documents will be brought back as emergency ordinance to allow them to go into effect immediately. The emergency ordinances will require six affirmative votes. Debra stated she spoke with Trustee Tyler and advised January 4,, 2017 is the only date she was available. The board checked their calendars and agreed. Motion was made by Trustee Gfeller, seconded by Trustee Wafel to schedule a special meeting January 4, 2017 at 6pm Motion carried 5-0. Mayor Kipp, Trustees Brandt, Wafel, Beach and Gfeller voting yes.
Motion was made by Mayor Kipp seconded by Trustee Johns to reconsider Resolution 2016-49 and Ordinance 2016-24 through 2016-27 at a special meeting scheduled for January 4, 2017. Motion carried 6-0. Mayor Kipp, Trustees Brandt, Wafel, Beach, Johns and Gfeller voting yes.
Mayor Kipp opened the public hearing for Expedition Water Solutions LLC zoning, and oil and gas special use permit at 6:10 pm. He asked if any board members have any discoursers. Trustee Johns noted he would like to abstain from the hearing based on his position with the town, Mayor Kipp excused him. Mayor Kipp asked the applicant or the applicant’s representative to step forward, state their name (s) and address for the record. Anna Mercurio, Project Manager and Doug Berling, PLS Tamarack Consulting Surveyor Tamarack Consulting, LLC 8840 West Colfax Avenue Lakewood, CO 80215
Zach Neal, Chief Financial Officer and Jim Goddard, President Expedition Water Solutions 1023 39th Avenue, Suite E, Greeley, CO 80634. Anna displayed a map of the proposed annexation location. The proposed area was designated as industrial on the Towns land use map therefore the requested heavy industrial fit well. EWS’s initial plan is to construct a Class 2 Salt Water Facility and will include two injection wells. EWS requested item 1E from exhibit A of conditions of approval be moved and listed as item 31 because a submittal of water and sewer plans can be done at the time during the building permit application. The traffic will be studied when school is back in session to allow for a more accurate count, therefore it was requested that item 1E from exhibit A also be moved and listed as number 30. Anna stated location has 1 entrance and 1 exit the trucks will unload water from a concrete receiving pad, the water will flow to tanks where it is treated in a three step process and the water is then injected into disposal wells. There will be approximately 70 trucks per day. The facility will be open 24 hours a day 7 days a week with minimum of two employees on site at all times. The location will be fenced off with four strand bard wire as requested by the planning commission. Trucks will enter and exit from I-76 onto Market Street to WCR 398. Mayor Kipp asked if the entrance and exit are the same or separate. Anna clarified there will be two separate- one location for entrance only and an additional location for exit only. Trustee Beach asked about truck traffic. Zach with EWs stated traffic will depend on oil demand and more than likely be heavier during day. Debra stated notices were mailed to all property owners within 300 feet on Dec 3 2016. The property was posted with public hearing signs on December 2, 2016 and legal publication was published in the Greeley Tribune on December 3,2016 Debra explained condition 26 showing hours of operations should not be listed as an item of approval. Todd explained the annexation would be a flag pole off the prior annexation of the Rv Park. The future land use plan lists the location as industrial and is consistent with what the applicant has requested. Referrals have been address in conditions of approval and he noted Tammerak was a great group to work with. He recommended the zoning and heavy industrial be approved. Lonnie Schneider 30425 CR 398 Keenesburg Colorado 80643. Mr. Schneider asked how hazardous material spills are handled and how quick response times were. Mayor Kipp asked staff to contact Fire Chief Beach about those procedures and share that information with Mr. Schneider. Mr. Schneider also proposed changing the speed limit down the stretch of 398.
Motion was made by Trustee Beach seconded by Trustee Gfeller to adopt ORDIANCE 2016-28 zoning property known has EWS annexation Heavy Industrial (HI). A roll call vote was taken Trustee Brandt yes, Trustee Wafel yes, Trustee Beach yes, Mayor Kipp yes and Trustee Gfeller yes. Motion carried 5-0.
Motion was made by Trustee Beach seconded by Trustee Gfeller to adopt RESOLUTION 2016-51 approving an oil and gas special use permit for Expedition Water Solutions, LLC with conditions, removing current item 26, moving 1E to item 30 and 1c to item 31. A roll call vote was taken Trustee Brandt yes, Trustee Wafel yes, Trustee Beach yes, Mayor Kipp yes and Trustee Gfeller yes. Motion carried 5-0.
Debra explained the town previously had an agreement that expired in 2012 with the State of Colorado Department of Public Safety to a pre-qualitied building department. With the school district experiencing growth it is important to make sure that the agreement is in place to allow for the ability for the town to issue the building permit for this facility. The school will be required to pull electrical and plumbing permits through the state but this agreement will allow them to get construction building permits through the town. Motion was made by Trustee Gfeller seconded by Trustee Brandt to adopt RESOLUTION 2016-50 approving a memorandum of understanding for prequalified building permits for public school construction. A roll call vote was taken Trustee Brandt yes, Trustee Wafel yes, Trustee Beach yes, Mayor Kipp yes and Trustee Gfeller yes. Motion carried 5-0.
Debra gave a combined admin and public works report:
She noted she reviewed the workman’s comp policy and was able to save $2,900 by reclassifying job duties listed on the report. An IGA with the school district will be negotiated therefore it was staff’s recommendation to schedule a joint workshop with the school board to discuss it in more detail, Staffs plan was to email the appropriate members to get something scheduled. Marc passed his Class C Wastewater test, staff and the board congratulated him. A meeting was scheduled with Nick from innovate SCADA. A change order will be completed, original scope did not include connecting to the new tank. Mayor Kipp directed staff to add an item on next meeting to consider changing the speed limit on 398
Motion was made by Trustee Beach seconded by Trustee Brandt to adjourn the meeting. Motion carried 6-0. Mayor Kipp, Trustees Brandt, Wafel, Beach, Johns and Gfeller voting yes. The meeting adjourned at 6:58 pm.
Danny Kipp, Mayor Toni Pearl, Town Clerk