Town of Kiowa Board of Trustee Special Meeting Minutes
April 18, 2023
Call to Order
The special meeting of the Board of Trustees of the Town of Kiowa was called to order on April 18, 2023, at 7:00 PM by Mayor Kolm.
Roll Call
Present: Mayor Rickard Kolm, Mayor Pro Tern Trevor Smith, Director Andrew Lowry, and Director Josh Baker, Director Terry Howard, Director Jonathon Shafer and Director Baillie Wineland were present. The Town of Kiowa had a quorum to conduct business.
Also present were:
Kimberly Boyd, Town Administrator
Ruth Borne, Town Counsel
Kristin Decker, Counsel for Craft Companies
Cory Rutz, Counsel for Craft Companies appeared via Zoom
Agenda Consent
Mayor Pro Tern Smith made the motion to approve the agenda with revision to "New Business" to include D. Monthly Board Packets. Director Lowry seconded, and the motion was carried 6-0 with no discussion.
Staff Reports
A. Mayor
Mayor Kolm thanked the numerous individuals that reached out to him and his family with condolences in the passing of his father the previous week.
B. Board of Trustees
Mayor Pro Tern Smith advised there was a number of very large potholes around the town that needed to be addressed as soon as the weather allowed. Director Wineland asserted there was noticeable reduction in trash around town and thanked the efforts of the Town's public works employee, Magdaleno Mendez, for the attention he gave to the issue.
C. Town Attorney
None.
D. Town Administrator
Ms. Boyd advised that the final submittal packet for the COOT TAP grant is due on April 20th.
E. Public Works
None
F. Code Enforcement
The first quarter report was distributed in the Board packets. No discussion or questions were posed by the Board.
Consent Items
- Approval of minutes from March 14, 2023, and April 11, 2023, BOT Monthly Meetings, Director Shafer made the motion to approve the minutes from the March 14, 2023, and April 11, 2023, BOT Monthly Meetings. Director Howard seconded, and the motion was carried 6- 0 with no discussion.
- Expenditures for Year-to-Date 2023
Mayor Pro Tern Smith made the motion to approve the expenditures for the year-to-date 2023. Director Lowry seconded, and the motion was carried 6-0 with no discussion.
Public Comment
Debbie Ullom distributed the Kiowa Fire Protection District's Annual report and spoke to the services and statistics pertaining to the department, historically and year-to-date.
Discussion/Correspondence
None.
Old Business
Candace Payne, Executive Director of the Eastern Plains Council of Local Governments, spoke to the board about the numerous invaluable services her organization provides to not only Kiowa but the region. Ms. Boyd requested that the Board reconsider their decision to cut the membership dues to Ms. Payne's organization and reestablish membership with her organization.
Mayor Pro Tern Smith moved to approve reestablishing membership with the Eastern Plains Council of Local Governments and pay the dues owing immediately, seconded by Director Shafer. Motion carried 6-0 with no discussion.
New Business
- Board of Trustee Conflict of Interest Forms. Town Counsel, Ruth Borne, addressed concerns of the Board pertaining to her request for the Board to submit conflict of interest forms as they relate to town business, not just the current proposed development. Ms. Boyd advised the form distributed to Town Board members was the same form that Kiowa Water and Wastewater Authority required of their board members so that the boards stayed consistent.
- Resolution 2023-03: A resolution supporting the tap program grant application. Director Shafer moved to approve Resolution 2023-03: A Resolution Supporting the TAP Program Grant Application, seconded by Director Lowry. Motion carried 6-0 with no discussion.
- Resolution 2023-04: A resolution supporting the mineral impact grant application. Director Shafer moved to approve Resolution 2023-04: A Resolution Supporting the Mineral Impact Grant Application to DOLA, seconded by Director Howard. Motion carried 6-0 with no discussion.
- Monthly Board Packets. Ms. Borne discussed having the monthly board packets completed and distributed, or made available, to board members the Thursday prior to the week of monthly board meetings. Ms. Boyd advised they will not be delivered to board members' homes but rather made available at Town Hall for them to pick up prior to the close of business day that Thursday or the Monday before the meeting.
Mayor Pro Tern Smith moved to approve this new schedule and process for making monthly packets available to the Board, seconded by Director Shafer. Motion carried 6-0 with no discussion.
Public Hearing
Director Howard moved to adjourn the open meeting at 8:07pm and move to public hearing, seconded by Director Shafer. Motion carried 6-0 with no discussion.
- Kiowa Bar - Special Event Liquor License
- Just Peachy Event (May 7th)
- Cowboy Up - Special Event Liquor License
- Cowboy Up in Kiowa CPRA Rodeo (June 23rd and 24th)
- Elbert County Fair (July 29th - August 6th)
- First Responders Relief Rodeo (August 18th and 19th)
Joey Kuhns and Ashley Sandoval, of Just Peachy Day Spa, spoke on behalf of the planned grand opening event on May 7th. Ms. Kuhns advised Kiowa Bar will be on hand to serve drinks at the event and they will be checking IDs and drinks are being sold to the public. Mayor Kolm requested they also utilize wrist bands to identify those that are of age to drink, as the bar has done for events they participated in in in the past.
Teri Mills of Cowboy Up spoke on behalf of the events her organization has planned in June and August. She advised they will do as they have in the past, which is all servers will be TIPS trained and certified, IDs will be checked, wristbands will be utilized, and all drinks will be sold to the public.
Director Howard moved to approve the special event liquor license for Just Peachy Day Spa with the condition they use wristbands, seconded by Director Wineland. Motion carried 6-0 with no discussion.
Director Baker moved to approve the special event liquor license for the three planned events of Cowboy Up, seconded by Mayor Pro Tern Smith. Motion carried 6-0 with no discussion.
- Ordinance 2, Series 2023, Town of Kiowa, Colorado, an amendment and reinstatement of the Kiowa Creek Meadows Development Agreement and approval of this agreement constitutes a vested property right pursuant to Article 68 of Title 24 C.R.S. as amended and Chapter 16, article XII of the Kiowa Municipal Code, as amended.
Director Baker moved to approve C. Ordinance 2, Series 2023, Town of Kiowa, Colorado, an amendment and reinstatement of the Kiowa Creek Meadows Development Agreement and Approval of this agreement constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, and Chapter 16, Article XII of the Kiowa Municipal Code, as amended. Motion Failed for lack of a Second. - Ordinance 1, Series 2023: An Ordinance Rescinding the Kiowa Creek Meadows Development Agreement and the vested property rights pursuant to Article 68 of Title 24, C.R.S., as amended, and Chapter 16, Article XII of the Kiowa Municipal Code, as amended.
Director Howard moved to approve Ordinance 1, Series 2023: An Ordinance Rescinding the Kiowa Creek Meadows Development Agreement and the vested property rights pursuant to Article 68 of Title 24, C.R.S., as amended, and Chapter 16, Article XII of the Kiowa Municipal Code, as amended. Motion Failed for lack of Second.
Director Shafer once again moved to approve Ordinance 1, Series 2023: An Ordinance rescinding the Kiowa Creek Meadows Development Agreement and the vested property rights pursuant to Article 68 of Title 24, C.R.S., as amended, and Chapter 15, Article XII of the Kiowa Municipal Code, as amended, this time seconded by Director Howard.
Vote: Abstained for conflict with his annual event and the developer.
Mayor Pro Tern Smith Nay
Director Wineland Aye
Director Howard Aye
Director Shafer Director Aye
Lowry Director Baker Nay
After review of the Town Charter, Ms. Borne noted that Mayor Pro Tern Smith's abstention was counted per the Charter. Mayor Kolm broke the tie with a vote of AYE. Final vote was 4- 2, in favor of approving the ordinance.
Director Howard moved to adjourn the public hearings at 9:22pm and move back into open meeting, seconded by Director Shafer. Motion carried 6-0 with no discussion.
Adjourn
Director Shafer made the motion to adjourn at 9:22pm. Director Howard seconded, and the motion carried 6-0 with no discussion.
The next regular meeting will be on May 9th at Town Hall at 7:00pm
Rickard D. Kolm, Mayor Kimberly Boyd, Town Administrator