HomeMy WebLinkAbout20081476.tiff Esther Gesick
000m: Linda [Linda@ccdplan.com]
nt: Tuesday, April 29, 2008 3:01 PM
: Esther Gesick
Subject: RE: USR- 1650
United Farmer's coop is now the owner. They had not closed on the property
when we began the application but have now.
Best Regards,
Linda Hulse
Project Manager / Planner
55 South Elm Ave. Suite 210
Eaton, CO 80615
(970) 454-8740 ext. 3 office
(970) 454-8742 fax
(970) 397-1366 mobile
linda@ccdplan.com
www.cassedaycreativedesigns.com
CORRECTNESS: If you have any questions or concerns please contact us.
Otherwise all information found on this email and its attachments will be
considered correct.
CONFIDENTIALITY NOTICE: This e-mail is intended solely for the person or
entity to which it is addressed and may contain confidential and/or
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Original Message
om: Esther Gesick [mailto:egesick@co.weld.co.us]
Sent: Tuesday, April 29, 2008 2:58 PM
To: Linda
Subject: RE: USR - 1650
Linda,
I have tentatively scheduled your hearing for Wednesday, May 28, 2008,
at 10:00 a.m. You will receive confirmation of this date by notice in
the mail. Also, would you please verify whether Stahla Homes is still
the owner/applicant, or if United Farmers Cooperative is now the
applicant of record based on the authorization letters in the file.
Thanks!
Esther E. Gesick
Deputy Clerk to the Board
915 10th Street
Greeley, CO 80631
(970)356-4000 X4226
(970)352-0242 (fax)
Original Message
From: Linda [mailto:Linda@ccdplan.com]
Sent: Tuesday, April 29, 2008 12:08 PM
To: Esther Gesick
Subject: USR - 1650
ter,
I wanted to check to see if my case had been assigned a hearing day
yet? It is USR-1650. We had our Planning Commission Hearing on April
1 2008-1476 LEIT.CHIBIT
15th. Jacqueline thought we might be able to get in the end of May.
Just let me know. Thanks!
•est Regards,
Linda Hulse
Project Manager / Planner
55 South Elm Ave. Suite 210
Eaton, CO 80615
(970) 454-8740 ext. 3 office
(970) 454-8742 fax
(970) 397-1366 mobile
linda@ccdplan.com <BLOCKED: :mailto:linda@ccdplan.com>
www.cassedaycreativedesigns.com
<BLOCKED: :http://www.cassedaycreativedesigns.com>
CORRECTNESS: If you have any questions or concerns please contact us.
Otherwise all information found on this email and its attachments will
be considered correct.
CONFIDENTIALITY NOTICE: This e-mail is intended solely for the person
or entity to which it is addressed and may contain confidential and/or
•ivileged information. Any review, dissemination, copying, printing or
her use of this e-mail by persons or entities other than the addressee
is prohibited. If you have received this e-mail in error, please
contact the sender immediately and delete the material from your
computer.
•
2
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
• CERTIFICATE
THE LAST DAY TO POST THE SIGN IS May 25, 2008 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR USR-1650 IN THE AGRICULTURAL ZONE DISTRICT.
Jacqueline Hatch
Name of Person Posting Sign —Jacqueline Hatch
• Signature of Perso Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this I 1%ay of , 2008.
WITNESS my hand and official seal.
•
BETH Atri '>
No ry Public SALZMAN
My Commission Expires s. rG
10-14-2011 /?r•••.. ..••%"
My Commission Expires:
• EXHIBIT
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Exhibit G contains a digital
version of the PowerPoint
presentation on CD
See original in File
EXHIBIT
•
TOWN OF KEENESBURG '[[[BOARD MEETING MINUTES GtS1 I 6�n
MONDAY, APRIL 21, 2008
The Board of Trustees of the Town of Keenesburg met in regular session on
Monday, April 21, 2008 at Keenesburg Town Hall located at 140 S. Main Street.
Mayor Gray called the meeting to order at 7:00 p.m.
The Pledge of Allegiance
Roll Call:
Board members present: Trustees Ken Gfeller, Jerry Martinez, Tim Smith,
LeRoy Blackston, Antony Dreher (arrived late), Deanna Schott-Grace, and Mayor
Gray.
Board members absent: None.
Others present: Town Attorney Sam Light, and Town Staff Debbie Chumley.
Approval of Minutes: Trustee Schott-Grace made a motion to approve the
March 18, 2008 board meeting minutes, 2n° by Trustee Gfeller; the motion carries
with all in favor.
• Acknowledgement of departing Board Members: Departing Board Members
Trustees Ken Gfeller,Tim Smith, Dede Schott-Grace, and Mayor Gray were
presented with certificates of appreciation and their respective name plates.
Newly elected Mayor Danny Kipp thanked them for their service. The departing
board members thanked the staff for their work, and thanked the citizens of
Keenesburg for the opportunity to serve them.
Swearing in of Newly Elected Officers: Mayor Elect, Danny Kipp, was
presented with a certificate of election, and his oath was administered by the
town clerk. Elected Trustees Cindy Baumgartner, Wendi Tyler, Richard Traxler,
and Leroy Blackston were presented with their respective certificates of election,
and their oath was administered by the town clerk.
Appointments
a. Town Attorney: Mayor Kipp expressed his recommendation for
the re-appointment Kathleen Harrington, with Light, Harrington, and Dawes, and
asked for a motion. Trustee Martinez made a motion to appoint Kathleen
Harrington, with Light, Harrington and Dawes, 2n° by Trustee Dreher; the motion
carries with all in favor. Sam Light expressed his thanks.
b. Town Clerk: Mayor Kipp expressed his recommendation for the
re-appointment of Debbie Chumley to the position of town clerk. Trustee
Martinez made a motion to appoint Debbie Chumley as town clerk, 2n° by
• Trustee Tyler; the motion carries with all in favor.
c. Treasurer: Trustee Dreher made a motion to appoint Debbie
Chumley as town treasurer, 2nd by Trustee Blackston; the motion carries with all
in favor.
• d. Judge: The town clerk advised the members of the board that
Ronald J. Cohen is presently the judge and has been since Keenesburg began
municipal court. Trustee Baumgartner made a motion to appoint Ronald J.
Cohen as judge, 2nd by Trustee Blackston; the motion carries with all in favor.
e. Mayor Pro-Tem: Mayor Kipp recommended that Trustee
Baumgartner be appointed as Mayor Pro-Tern given her past board experience.
Trustee Blackston made a motion to appoint Trustee Baumgartner as Mayor Pro-
Tern, 2nd Trustee Tyler; the motion carries all in favor.
f. Committees:
Finance: Mayor Kipp—Chair, Cindy Baumgartner, and
Wendi Tyler. This committee will be meeting one time a week and
establish guidelines and institute some accountability.
Waste/Wastewater: Leroy Blackston, Tony Dreher, Richard
Traxler, and Mayor Kipp.
Streets: Richard Traxler, and Mayor Kipp.
Parks: Wendi Tyler, and Chair Leroy Blackston.
Mayor Kipp directed that each committee establish guidelines and
responsibilities and report back to the board at the next scheduled
meeting.
Planning Commission: Alice Tucker will remain Chair until
2012. Mayor Kipp will serve as an ex-officio member. Mayor Kipp
appointed Richard Traxler as an ex-offico member, and appointed
• Wilbur Wafel as a citizen member, and re-appointed Susan Ankers as
a citizen member as well.
Board of Adjustments: Alice Tucker will remain on this
board, and Mayor Kipp advised that he will be appointing the remaining
board members at the next meeting.
Mayors Address: Mayor Kipp welcomed everyone to the meeting and stated
that this was the citizens' town hall and would be a good place to come
again and encouraged everyone to stay involved. Mayor Kipp stated
that he met with Jim Wright, Kathleen Harrington, conducted a
workshop for newly elected officials, Don Sandoval, an auditor, and
Rose Melville the town's auditor, prior to taking his office in preparation
for his duties. Mayor Kipp also summarized the items that the board
would be discussing under the heading of old business.
Public Comment: None.
Old Business:
a. Budget Overview: Mayor Kipp presented his budget overview stating
that the budget does not align with the bookkeeping and wants to
realign the accounts before the next budget is prepared. He also
stated that some of the headings for the accounts needed to be
. changed. The overview that he presented showed the current budget,
actual numbers ending 2007, and a 2008 realistic budget that
represent projections that Mayor Kipp has made. Mayor Kipp stated
that his goal is to make cuts in the budget and save $80,195.00 and
stated that it would still leave the town $16,000.00 short of breaking
• even in the general fund based upon his projections. He also stated
his intention to cut $18,000.00 in the wastewater fund, and cut
$22,000.00 in the water fund. He went over year end fund balances
stating that through the end of March the general fund balance had
dropped by $7,770.10. Mayor Kipp advised that he would present a
budget update each month.
b. Consider Change in Set-Backs for Accessory Use Buildings:
Norm Neuhalfen addressed the board stating his reasons for
requesting this change, his intention is to build a carport next to his
existing garage for the protection of his raised-top camper van and
current set-backs in the Keenesburg Municipal Code allow for side set-
backs of ten feet. Weld County requirements are three foot side set-
backs for accessory use buildings. Mayor Kipp stated that he did not
feel that a change to the municipal code would be in the best interest
of the town, but that perhaps the best course of action would be to
pursue either a special use permit, or a variance. Attorney, Sam Light,
stated that a special use permit is in place for land use only, and that
the only options open to Mr. Neuhalfen would be to apply for a
variance if he feels he fits within the guidelines, or perhaps a PUD.
Town engineer, Jim Wright, expressed his concern over drainage if the
board were to change the set-backs. Mayor Kipp poled the board in
regard to changing the set-backs—all board members agreed that the
• applicant should pursue other options and were not in favor of
changing the side set-backs.
c. Completed Pipeline Agreement: Information only this agreement
has been executed and is complete.
d. Review RESOLUTION 2007-16: This resolution was passed at the
meeting in December 2007; this is the resolution to appropriate sums
of money. Mayor Kipp advised that there was a typographical error in
the resolution and that Capital Outlay was $18,300.00 and was
changed to $28,300.00, and should have been returned to the board,
however due to time constraints the error was corrected prior to being
sent to the state. The error was clearly a typographical error as these
expenditures were reflected throughout the budget. His intention is
just to inform the board of this error. He also stated that the budget
had 3-4 errors where numbers were not being carried forward
correctly, and were corrected and that he wanted to make the board
aware of this.
e. Review 2007 Audit: Mayor Kipp advised that he had met with Rose
Melville on April 16, and that he had found an error and asked that she
correct this error, and to supply additional information breaking down
the general fund. Rose supplied this information to the board with the
same number of copies as the town has of the audit.
f. Weld County Referral USR-1650, Linda Cassaday Designs: The
board reviewed this referral at February's meeting. The planner of this
• project involving the construction of two large propane storage tanks
and an office to be located on the property and staffed with 1-2
employees, contacted the town regarding the response and asked that
the town reconsider its response.
• Linda Hulse, addressed the board asking for reconsideration. She
presented a map showing the location and advised that there would be
two employees. She also stated that the site had previously been
commercial use by special use permit and had been since 1973.
Trustee Blackston explained that the board also objects to the drilling
of an additional well because of wells being drilled into the aquifer that
the Town of Keenesburg uses for its water supply.
Mayor Kipp poled the board and each member stated that they agreed
that it does not comply with Keenesburg's comprehensive plan. The
decision stands.
Mayors Address: Mayor Kipp addressed the citizens and gave a summary of
the items that will be discussed by the board under the heading of new business.
Public Comments: Pat Dunning, Keenesburg, CO asked about the completed
pipeline agreement asking if the language had been changed to reflect perpetual
use of the pipeline for the Town of Keenesburg. Attorney, Sam Light, explained
that Keenesburg does retain ownership of the pipeline, and therefore the town
will have perpetual use.
New Business:
a. Review Auditor's Management Letter: Rose Melville went over
• the management letter that she prepared for the board and
answered questions. She advised that any future agreements
needed to be brought to her attention to ensure that it is accounted
for in the correct manner. She went on to explain that the
discrepancy that she sited in the management letter is a result of no
adjusting entries being entered prior to her receiving the books, and
noted that the Town of Keenesburg has never done adjusting
entries prior to the audit, and that due to a change in auditing
standards it is a conflict of interest for her conduct the audit and to
complete adjusting entries as well. Mayor Kipp asked if the capital
lease was reflected correctly in the 2008 budget. Rose was not
aware of if had been budgeted. The town clerk stated that per
governmental accounting standards that all capital outlay was to be
carried as an expense and no capital leases or assets were to be
realized prior to the end of the fiscal year, it is carried correctly in
the 2008 budget. Rose recommends that adjusting entries be
made prior to the audit being conducted, and to institute financial
policies and procedures to improve internal control. Mayor Kipp
asked that the management letter be attached to the audit, Rose
explained that they are two different things, and not per auditing
standards to attach the management letter to the audit. Rose
suggested 2-3 months pass to give the new board members some
• time to learn their positions and then perhaps hold a meeting to go
over some of the questions that are asked by the auditor that help
to determine if the management is able to detect fraud. Trustee
Martinez felt that this past experience having been the Chair of the
• finance committee, and being involved in the audit process was
beneficial to him.
b. Public Hearing Amending Fair Meadows PUD:
Troy Armstrong, Greeley, CO, this is not a change, but needed to be put
on the plat to clarify the approved set-backs for a PUD. Mayor Kipp
opened the public hearing at 8:44 p.m., and directed staff to incorporate
public comments into the record. There were no other public comments.
Attorney Sam Light addressed the board advising that the planning
commission had recommended approval of amended Fair Meadows PUD
stating that a minimum set-back be 7 ''A feet side set-backs, with a
minimum between structures be 15 feet. Troy Armstrong explained that
he did not foresee having any set-back less than 7.5 feet. Jim Wright,
town engineer felt that there should be some tolerance set as to the side
set-backs for the purpose of drainage. Troy stated that he could see that
the current wording represents two different parameters, and agreed that
clarifying this issue would be helpful. Attorney Sam Light, felt that the
wording needed to changed to "Minimum setbacks are 7 feet to all
property lines; provided however that a minimum separation requirement
shall be 15 feet between structures." Public hearing closes at 9:00 p.m.
Board discussion: Trustee Baumgartner agreed with the wording, Trustee
Martinez agreed with the 7 foot set-back, Trustee Tyler agreed with the
change in wording, Trustee Blackston agreed, Trustee Dreher agreed, and
• Trustee Traxler agreed with the 7.5 feet.
Trustee Martinez made a motion to approve the amended Fair Meadows
PUD with a language change of"Minimum setbacks are 7 feet to all
property lines; provided however that the minimum separation requirement
shall be 15 feet between structures", 2"d by Trustee Blackston; the motion
carries with all in favor.
Attorney Sam Light asked if the boards preference would be to always
have resolution prepared for land use matters. The board in the past has
used both motions and resolutions on these matters. Sam Light
suggested using a resolution to make it clear as to the wording that
needed to be changed prior to recording of this document. Trustee
Martinez made a motion to amend the prior motion to include approval
and direction that a resolution of the action that approved the amended
Fair Meadows PUD be prepared for the mayor's signature, 2nd by Trustee
Blackston; the motion carries with all in favor.
c. Consideration of New Zoning Classification SE Weld Jr. Fair:
Leonard Roskop, Keenesburg, CO addressed the board stating that this
request was intended to encompass all possible events that the fair board
could foresee. Mr. Roskop researched this possibility and feels that it is
the most simplistic and clear cut way to accomplish what they intend for
uses of the property, and ensure operation for the future. Attorney Sam
Light stated the process to accomplish this would be to publish notice of
• intent to create the new zoning, post the property, hold the public
hearings, create a new ordinance to adopt the new zoning, and adopt this
new ordinance if the board so desires and that the rezoning request could
be accomplished simultaneously since the same process is required. The
• consensus of the board was to get more information and direct the
attorney to draft an ordinance creating a new zoning district—Trustee
Martinez had concerns regarding the request for RV sites in the zoning.
d. ORDINANCE 2008-01 to amend section 2-7-10 of the KMC:
Attorney Sam Light, requested additional time to look further into this
situation of the conflicting sections of the code. Trustee Martinez made a
motion to table ORDINACE 2008-01, 2ND by Trustee Blackston; the motion
carries with all in favor.
e. Renewal of Great Copier Maintenance Contract: Trustee
Baumgartner made a motion to approve the renewal of the Great Copier
Service Maintenance Contract, 2nd by Trustee Tyler; the motion carries
with all in favor.
f. Board Meeting Schedule: Mayor Kipp addressed the board and
advised that he had talked with Kathleen, and Debbie and both were in
favor of two meetings a month. Trustee Martinez asked for clarification on
the compensation of the board members; stating that each member was
now paid per meeting; and that by holding two meetings a month that the
town would incur more costs, when the plan was to cut costs. Trustee
Baumgartner stated that for the rest of this year that in order to help new
board members get up to speed that two meetings a month would be
helpful. Mayor Kipp poled the board all were in favor of the change.
Trustee Tyler made a motion to adopt the new board meeting schedule,
• 2"d by Trustee Blackston; the motion carries with all in favor.
g. Office Fee Schedule: Mayor Kipp stated that there had been
many concerns over this, and poled the board members. Trustee
Martinez stated that this fee schedule was in place to help offset the time
that office staff spends filling public information requests. Mayor Kipp
stated that he felt that perhaps the first 10-20 pages free and then charge
after that, in order to accommodate the citizens of Keenesburg that
requesting public information. The consensus of the board was to leave
the fees as they are no changes were made.
h. Sewer Update and Compliance: Town engineer, Jim Wright,
gave a synopsis of the progress concerning wastewater compliance; Dec
31, 2009 is the deadline to have completed the sewer plant expansion
completed. Jim gave information concerning the costs and options of
joining with Pioneer Communities for the expansion. The town has used
Sloan's property for the disposal of treated wastewater as an agricultural
application, this contract will expire in 2014, and at that point the town may
have exceeded the amount that can be applied to Sloan's property. A
mechanical treatment plant may be needed. Long term solutions need to
be sought. Mayor Kipp handed out a letter from DOLA stating that the
Town of Keenesburg has been awarded a $500,000.00 grant for the
purpose of upgrading the sewer plant.
i. Consider Change to KMC Section 13-1-480: Mayor Kipp stated
• that the office has been receiving many complaints regarding the receipt
of shut off notices, and the staff in the office has prepared a
recommendation to make a change in the language to this section to add
a cut off of $25.00 or more in arrears. Trustee Baumgarnter asked if the
town charged a finance charge; no the town does not. Trustee Martinez
• made a motion to direct staff to create an ordinance to change the
language in the KMC to reflect "A combined past due statement and ten-
day cut off notice will be sent to the customer if the bill has not been paid
within twenty (20) days from the date of billing and the past due balance is
more than twenty-five dollars ($25.00)," 2nd by Trustee Dreher; the motion
carries with all in favor.
j. Review Contract with JB Wright & Assoc: The board reviewed
the contract that was completed in April of 2005, and Mayor Kipp passed
out a rate increase request, this item is for information and to give the
board an opportunity to read through and discuss it at the next meeting.
k. 2007 Audit: The consensus of the board was not to schedule an
audit workshop at this time. Trustee Martinez made a motion to accept
the 2007 audit, 2nd by Trustee Dreher; the motion carries with all in favor.
I. Review of financials and approval of bills: Mayor Kipp reviewed
the financials and stated that instead of breaking revenues over 12
months perhaps changing the process and inputting revenue in the month
that it typically comes in would make the financials more realistic. The
board members reviewed the bills to be paid for the month of April.
Trustee Dreher made a motion to pay the bills, 2nd by Trustee Blackston;
the motion carries with all in favor.
Staff Reports
Legal: None
• Engineering: None.
Public Works:
a. Aerator Repair: The director of public works
requested a $500 expenditure to repair an aerator
that will be kept as a spare. Trustee Martinez made a
motion to authorize public works to take the aerator in
for repair, 2nd by Trustee Blackston; the motion carries
with all in favor.
b. Utility Notification change from tier 2 to tier 1
member: The director of public works explained that
this change will protect the pipeline that was
completed to make sure that the town is notified when
a contractor is digging, rather than making the
contractor responsible for contacting the town. The
cost of this notification is $1.34 per call, in your packet
is a sheet that shows how many times the town would
have been notified this past year had we been a tier 1
member. Trustee Dreher made a motion to change
from a tier 2 member to tier 1 member, 2nd by Trustee
Martinez; the motion carries with all in favor.
Board Member Comments: All members expressed their desire to work
together and were thankful for the opportunity to serve the public. Mayor Kipp
• passed out everyone's e-mail. Please bring any tabled items with you to the next
meeting. Trustee Dreher requested that the emails not be public and just for the
use of staff and board members.
• Adjournment: Trustee Dreher made a motion to adjourn, 2nd by Trustee
Martinez; the motion carries with all in favor.
Danny R. Kipp, Mayor Debra L. Chumley, Town Clerk
Town of Keenesburg
Liquor Licensing Authority
Monday, April 21, 2008
140 S. Main St.
Keenesburg, CO 80643
1. Call to order: Mayor Kipp called the meeting to order at 10:30 p.m.
2. Renewal Ponderosa Inn Liquor License: After reviewing the sheriffs
report and finding no concerns Trustee Martinez made a motion to
approve the renewal of Ponderosa Liquor License, 2nd by Trustee
Blackston; the motion carries with all in favor.
•
3. Adjournment: Trustee Dreher made a motion to adjourn, 2nd by Trustee
Martinez; the motion carries with all in favor.
Danny R. Kipp, Mayor Debra L. Chumley, Town Clerk
•
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