MONDAY, JULY 20, 2015

6:00 p.m.




Call to Order: The Board of Trustees of the Town of Keenesburg met in regular session on  Monday, July 20, 2015 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


Roll Call: Board members present: Trustee’s Cindy Baumgartner, Wilbur Wafel, Sandra Beach, Lisa Sparrow, Ken Gfeller, and Mayor Kipp were present.

Absent: Trustee Wendi Tyler personal conflict

Others Present: Kathleen Kelly, Town Attorney, Marc Johns, Public Works Director and Chasity Elliott, Assistant Town Clerk


Public Comments

Consent Agenda:        a.   Approval of minutes 07/20/2015

                                          b.   Approval of payment of bills:

Motion was made by Trustee Gfeller, seconded by Trustee Sparrow to approve the consent agenda items. The motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Wafel, Beach, Sparrow and Gfeller voting yes.


Old Business:              None


New Business:


  1. Consideration E-Civis Agreement-Grant database service—RESOLUTION 2015-13:

Mayor Kipp read the memo that was provided in the board packet. Trustee Baumgartner made a motion to approve resolution 2015-13 approving an agreement between the Town of Keenesburg and eCivis Inc. for a subscription to their grant database, seconded by Trustee Beach. The motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Wafel, Beach, Sparrow and Gfeller voting yes.



  1. Executive session:

Kathleen Kelley stated that Atmos Energy would like to address the Board before the executive session on the remaining areas of concern. Darwin Winfield Manager of Public Affairs, 1200 11th Ave, Greeley, Co 80631 with Atmos Energy gave an overview of the issues that he and Kathleen had been working on in the last week. The issues included section 3.2 fees for street cut permits Atmos Energy is asking that the fees be waived. The next is section 3.3 which is the notification of changes in franchise fee payment with other entities. After a brief discussion all parties agreed that the wording in the United Power franchise agreement would be adequate. The last issue is in section 5.3 relocation of facilities in rights of way. There was a brief discussion on the issue of public verses private rights of way. It was Kathleen’s recommendation not to treat private easements in a separate manner and consider them all public rights of way. She explained that the town needed to retain the ability to maintain their rights of way. After a brief discussion this section will revert back to the original verbiage. Motion was made by Trustee Baumgartner, seconded by Trustee Beach 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 Atmos Energy Franchise Ordinance. A roll call vote was taken, Trustee Baumgartner yes, Trustee Wafel yes, Trustee Beach yes, Mayor Kipp yes, Trustee Sparrow yes, and Trustee Gfeller yes. Motion carried 6-0

Mayor Kipp stated that the time was 6:36 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, and Trustee Ken Gfeller. 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.



  1. Atmos Franchise ORDINANCE 2015-03 1st Reading:

Mayor Kipp stated that during the discussion the Board agreed to waive the permit fee of $100, 3.3 would be changed to reflect the wording in the United Power agreement and 5.3 would be left as recommended by the Attorney. Attorney Kathleen Kelly advised the Board to approve the ordinance on 1st reading and order it published with the changes as noted. Trustee Baumgartner so moved, seconded by Trustee Wafel. The motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Wafel, Beach, Sparrow and Gfeller voting yes. There was a brief discussion on publication and the date of next meeting. The Board decided to set the ordinance for second reading at the meeting to be held on August 3rd.


  1. RESOLUTION 2015-14 Grant application for Water line replacement:

Mayor Kipp advised the board that along with the street project the town had 4 streets that need total rehab so the town will be replacing the water lines under those streets and will then incorporate the repair of the streets in this grant. Trustee Beach made a motion to adopt resolution 2015-14 authorizing the staff to submit a grant application to the Colorado Department of Local Affairs attempting to obtain energy and mineral impact funds for identified water main replacement, seconded by Trustee Sparrow. The motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Wafel, Beach, Sparrow and Gfeller voting yes.



  1. RESOLUTION 2015-15 Joint resolution supporting the School District (Review Only):

Mayor Kipp gave an overview of how the resolution transpired and read the resolution. After a brief discussion it was the consensus of the board that the resolution was appropriate and the changes were agreeable.


h. 1) Mosquito Report


Staff Reports:       Administration:

Mayor Kipp advised the Board that he and Todd Hodges, Town Planner, would be meeting with the school district tomorrow to review the annexation.


The water line pre-bid meeting was a great success. The bid was posted on e-Civis and there were a total of 20 companies that attended. The Board will probably have a special meeting on August 25th to approve the staff recommended contractor.


The number of oil and gas employees that live within Town limits has increased from 38 to 52. This should increase the town’s portion of the severance taxes and estimated $25,000


Staff will be starting to work on recommended revisions to the personal policy this month so the Board should see something before them in the next month or so.

                                                      Public Works: Pubic Works Report

Marc Johns advised this week there will be a patch area in front of the Fire Department that will be replaced on Thursday morning.


In the last couple weeks the public works department has been working on well #7 that went down. The problem was a coupler that went bad and has been repaired.


The public works department has been working around Town replacing street signs. The town was a part of a safety project through CDOT and were awarded approximately 50 signs, free of cost to the Town.


Reminder that next month sewer jetting will start.


The fair is coming up next month and the town is looking for volunteers to help with the float. There was a brief discussion on the parade and the float. It was decided that if anyone wanted to volunteer they should contact Deb.




Mayor Kipp advised the Board that the town has spent a lot of money on engineering this year but it has been a huge help through these projects having someone on board.

Committee Reports:


Board Member Comments:


Trustee Baumgartner stated she had attended the CML Conference and really liked the two year budget as a time saving tip for the administration. She also stated she learned that the news media no longer investigates their stories and they are getting stories from all sources of social media and that the Town has the right to give additional information if needed.


Trustee Gfeller stated that the Chamber is co-hosting an after-hours business meeting on

July 23rd in Greeley and would like to know if anyone else would like to attend. Trustee

Baumgartner stated she would attend. Trustee Gfeller was advised by Mayor Kipp to send

any of the informational emails to Chasity to forward to the Board.



Adjournment: Motion was made by Mayor Kipp, seconded by Trustee Beach to adjourn the meeting; motion carried 6-0, Mayor Kipp, Trustee’s Baumgartner, Wafel, Beach, Sparrow and Gfeller voting yes. The meeting adjourned at 7:02p.m.




Danny R. Kipp, Mayor                                                            Debra L. Chumley, Town Clerk