TOWN OF KEENESBURG
BOARD OF TRUSTEES REGULAR MEETING MINUTES
TUESDAY, JANUARY 20, 2015
KEENESBURG TOWN MEETING HALL
140 S.MAIN STREET, KEENESBURG, CO 80643
Call to Order: The Board of Trustees of the Town of Keenesburg met in regular session on
Pledge of Allegiance
Roll Call: Board members present: Trustee’s Cindy Baumgartner, Wilbur Wafel, Sandra Beach, Lisa Sparrow (arrived late), Ken Gfeller, Wendi Tyler, and Mayor Kipp were present.
Others Present: Kathleen Kelly, Town Attorney (arrived late 6:06 p.m.) Debra Chumley, Town Clerk
Public Comments: Bruce Sparrow, 29519 Cr 16 ½ Keenesburg, CO 80643. Mr. Sparrow commented on the proposed oil lease with Nobel Energy, and urged the board to look closely at the identified parcels for the lease, as several towns have stated that not all of their property was identified and paid on. He also commented on the new laws concerning drilling that they are taxed at the wellhead and if they drill outside of town limits that the town will receive no money.
Bob Grand, 105 Woodward Ave, Keenesburg, CO 80643. Mr. Grand addressed the board and asked them to consider the creation of an economic development group that would work to bring business into town. He felt that as a town we needed to be more focused on improving the life in town for the residents. He also urged the board to work with Nobel and not the other oil company that had already sent out leases, as Nobel has been around the area for years and several people in town work for Nobel.
Presentations: Nobel Energy oil and gas lease information:
Katelyn Roberts, 58 Galepego, Denver, CO, Matt Otness, 1155 Helena, Commerce City, CO, Jeannette Jones 1437 Venice, Longmont, CO
Ms. Roberts thanked the board for allowing them to present to the board. Nobel is holding an introductory meeting this evening at the American Legion to answer questions and help residents complete their oil and gas leases, another information session will be held on Saturday. She stated that Nobel has a commitment to open communication and that they hope to have a relationship with Keenesburg. Nobel is an independent company that has over 2500 employees in the area, one office in Denver, one in Greeley, and they are the largest producer in the state. The company plans to invest over 20 billion in Colorado over the next 5 years, she then shared a map showing the areas they plan to develop. Nobel traded mineral rights with Anadarko to consolidate over 6000 acres to allow more flexibility in their planning. They are committed to fewer trucks on the road and working to develop pipelines and storage facilities, they plan to develop gathering systems in a way that makes sense with their planned drilling. They use water from a non tributary source, and work to recycle water and are converting rigs to CNG, and have extended partnerships with the community. They support the Weld Food Bank, and have given over 95 thousand dollars to this cause. With the use of directional and horizontal drilling, they are creating a smaller footprint than was traditional in the past. She offered a toll free number for any community members that had any questions or comments, to make sure that everyone had access to Nobel.
Matt Otness: There will be no surface use with any of the town leases, and everyone who owns mineral rights in the town should have received an oil and gas lease in the mail. Mr. Otness expressed that this has been a huge undertaking to get this lease operation off the ground. The plan entails approximately 70,000 acres, with minimal surface impact. Matt let everyone know that if there were any questions in regard to the identified tracts of land that he was the one to contact.
Jeanette Jones: She explained that the Keenesburg area is contained in the Mustang IDP area, and she shared a map with the Trustees. They thanked the board for their time, and passed out business cards with their contact information.
Regional WWTP presentation:
George Tendick, 40 Cook Ct, Hudson, CO 80642. Mr. Tendick addressed the board and shared a large topographical map of the eastern plains. Mr. Tendick demonstrated that it is all downhill to Kersey, where he plans to develop a regional waste treatment plant, and give all of the communities along the way an opportunity to connect to help reduce the costs associated with each small community treating its own waste. He stated that his purpose in presenting this to the board was to get some idea of whether the town would be interested in a regional waste treatment approach. He plans for the region to consist of communities within El Paso County all the way to the Wyoming state line. At this point he asked the town to provide him with a letter of interest to assist him with the pursuit of funding for this project through a bond company. He let the board know that a letter of interest did not obligate them but just demonstrated that they would consider it if the option were available. The board directed staff to provide Mr. Tendick with a letter of interest.
Consent Agenda: a. Approval of minutes 12/08/2014
Financials and payment of bills:
Motion was made by Trustee Tyler, seconded by Trustee Beach to approve the consent agenda items. The motion carried 7-0, Mayor Kipp, Trustees Baumgartner, Wafel, Beach, Sparrow, Gfeller and Tyler voting yes.
Old Business b. RESOLUTION 2015-01 approving WCR 49 Access Control Plan:
Commissioner Barbara Kirkmeyer, 6100 WCR 4, Brighton, CO 80601. Commissioner Kirkmeyer thanked the board for allowing her to speak. She summarized the process that was taken to get to this point, stating that the towns of Hudson, Keenesburg, and Kersey had worked together with Weld County to produce this access control plan, and that the County had adopted this plan on December 15, 2014. She explained that CR 49 was an important corridor for Weld County as well as the communities that participated in the creation of the plan. This plan was purely conceptual at the beginning and expansion was not contemplated until the next 10-20 years, however the traffic on that corridor has grown at high rate. Due to the increase in traffic the timeline for this project was fast tracked and now the county plans to have this roadway expansion completed by the end of 2017. The reason for the access control plan is for safety due to the increased traffic, and looking forward to future impacts. She stated that this project is the largest project in Weld County History, and she urged the board to approve the CR 49 ACP.
Motion was made by Trustee Gfeller, seconded by Trustee Tyler to approve RESOLUTION 2015-01 adopting the WCR 49 ACP. Mayor Kipp called for a roll call vote; Trustee Baumgartner yes, Trustee Wafel yes, Trustee Beach yes, Mayor Kipp yes, Trustee Sparrow yes, Trustee Gfeller yes, and Trustee Tyler yes. The motion carried 7-0
New Business: c. RESOLUTION 2015-02 Designating where legal publication will be published:
There was some discussion regarding the publication of notices in the local paper as well as the Greeley Tribune. Trustee Sparrow commented that not very many residents received the Greeley Tribune, and that the resolution should state that the town shall publish in both the Greeley Tribune, and the local paper either the Lost Creek Guide, or The Tributary. There was discussion concerning what was budgeted for publications, the consensus of the board was to leave the resolution as is, and to publish an abbreviated version of the legal publications in the Lost Creek Guide or the Tributary on a case by case basis, and to keep the Greeley Tribune as the official legal publication because it is a daily paper
Motion was made by Trustee Baumgartner, seconded by Trustee Tyler to approve RESOLUTION 2015-02 designating where legal publications are published a roll call vote was taken. Trustee Baumgartner yes, Trustee Wafel yes, Trustee Beach yes, Mayor Kipp yes, Trustee Sparrow yes, Trustee Gfeller, Trustee Tyler, yes; motion carried 7-0.
Motion was made by Trustee Baumgartner, seconded by Trustee Gfeller to approve RESOLUTION 2015-03 approving a BNSF license agreement for the sewer bore on Cedar Street not to exceed $10,800 in fees. Motion carried 7-0; Mayor Kipp, Trustees Baumgartner, Wafel, Beach, Sparrow, Gfeller, and Tyler voting yes.
Mayor Kipp gave a summary of changes to the Public Improvements Agreement specifically section 7.1 needs to be amended to include a second street light added at the emergency entrance all other changes are shown in the redline. The board needs to insert a conditional acceptance date into the agreement as well. The discussion was to insert the date of March 2, 2016 for the deadline to request conditional acceptance of the public improvements. No building permits will be issued for phase 3 until the deceleration turn lane is installed per CDOT, and to send the agreement to CDOT for their approval.
Motion was made Trustee Beach, seconded by Trustee Gfeller to approve RESOLUTION 2015-04 approving the public improvements agreement with Arnold’s RV Park with the insertion of the following: include date on 1.3 B March 2, 2016, and the street light on 7.1 to read “install two additional street lights to be installed on highway 2 near the entrance of the property and the emergency entrance of the property.” 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.
f. Consideration of the purchase of a new Tractor:
Marc Johns, Public Works Director, addressed the board in regard to the purchase of a new tractor, and recommended the acceptance of the bid from Prospect Implement for a Massey-Ferguson in the amount of $32,000.00. He explained that he also had a bid for a John Deer but that the PTO horse power was lower, and since the primary use of the tractor would be to run the bush hog, he preferred the Massey-Ferguson, also the Massey-Ferguson bid was the lowest bid.
Motion was made by Trustee Gfeller, seconded by Trustee Tyler to approve the purchase of the Massey-Ferguson tractor from Prospect Implement in the amount of $32,000.00. The motion carried 7-0, Mayor Kipp, Trustees Baumgartner, Wafel, Beach, Sparrow, Gfeller and Tyler voting yes.
g Consideration of sealed bid process to sell Dodge pickup:
Marc Johns, Public Works Director, advised the board the new CNG truck should be in sometime next week, and that it was time to discuss the sale of the pickup that it was replacing.
Motion was made by Trustee Beach, seconded by Trustee Wafel to sell the 2001 Dodge pickup using a sealed bid process as had been done with the past vehicles. The motion carried 7-0, Mayor Kipp, Trustees Baumgartner, Wafel, Beach, Sparrow, Gfeller and Tyler voting yes.
h. Consideration of new Town Event:
Mayor Kipp advised the board that the Chamber of Commerce had taken care of the Easter egg hunt for many years, and now it was getting difficult to find someone to take care of this event. He stated that he would like the board to consider taking over this event as a town event, and have town staff responsible for the planning and take care of it. The estimated cost for this event is $1,000.00. Trustee Beach asked if we could get donations to cover the cost of this event, or to use the community support fund for this purpose.
Motion was made by Mayor Kipp, seconded by Trustee Beach to approve the Easter egg as a town event and to take this money out of the community support fund, and to have staff seek donations for this event. The motion carried 7-0, Mayor Kipp, Trustees Baumgartner, Wafel, Beach, Sparrow, Gfeller and Tyler voting yes.
Mr. Weimer is seeking a letter of support from the Board to pursue donations for this project to install a children’s sculpture garden at the open space located between Hoff Elementary School, and Sparrow Farms. Trustee Sparrow felt that this was not a good project for the town, and was concerned about the insurance cost, and possible vandalism, Trustee Wafel agreed. The board has not approved the site for this proposal, and the consensus of the board was that no money should be spent on this project. There was concern about what would be required for surfacing around the base of the sculptures as well. Mayor Kipp directed staff to gather more information in regard to the cost of insurance and surfacing and to table this to the next meeting on Tuesday, February 17, 2015.
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 Oil and Gas Lease with Nobel Energy. 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 8:36 p.m. and the executive session had concluded. The participants in the executive session were: Kathleen Kelly, Town Attorney, Trustee Cindy Baumgartner, Trustee Wilbur Wafel, Trustee Sandra Beach, Mayor Danny Kipp, Trustee Lisa Sparrow, Trustee Ken Gfeller, Trustee Wendi Tyler, and Clerk Debra Chumley. 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. There were no concerns stated, the board moved on to the next agenda item.
Board Member Information and discussion:
2) Year End Code Enforcement Report
3) Well Flow Data December
4) WC Sheriff’s report
Public Works: Pubic Works Report
m. Committee Reports:
Parks: Committee Report
Board Member Comments: Mayor Kipp let the board know that staff has been looking at annexing the town tank site into town, and had not yet determined the best way to get to it.
BNSF is extending their siding east of town to make it longer, code enforcement will be pursuing some properties that are in violation under the property maintenance code.
Mayor Kipp stated he was unhappy with the Weld County Planning department because they were not making us aware of development that was occurring near the town.
Public works met with the town’s new engineers to walk the streets to make a determination of what streets are a priority to incorporate into the street maintenance plan. They also spent some time at the tank site, and were on hand tonight to listen to the regional waste treatment presentation.
Trustee Baumgartner talked about the I-76 economic development group and their plans to get a bus tour of the three communities in order to help developers become familiar with what each town has to offer.
Adjournment: Motion was made by Mayor Kipp, seconded by Trustee Wafel 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 8:50 p.m.
Danny R. Kipp, Mayor Debra L. Chumley, Town Clerk