July 9, 2024 Minutes

Call to Order

The regular monthly meeting of the Board of Trustees was called to order on July 9, 2024, at 7:47 PM by Mayor Kolm.

Roll Call

Present: Mayor Kolm, Mayor Pro Tem Smith, Trustee Wineland, Trustee Howard, Trustee Baker, Trustee Hart, and Trustee Shafer. The Town of Kiowa had a quorum to conduct business.

Also present were:
Kim Boyd, Town Administrator
Sasha Davidson, Town Clerk
Ruth Borne, Town Counsel via Zoom
Nick Poppe, Town Special Counsel joined via Zoom at 8:30pm.
John Hill, Ranchland News
Foster Houts
Tim Craft, Craft Companies

Pledge of Allegiance

Mayor Kolm led the Board in the pledge of allegiance.

Agenda Consent

Mayor Pro Tem Smith made a motion to approve the agenda and Trustee Howard seconded the motion. The motion was carried 7-0 with no discussion.

Public Comment

The following individuals made Public Comment:

Joey Kuhns - 42309 Kiowa Bennett Road, Kiowa, CO
Ms. Kuhns spoke to her limited land uses available for the old bank building she purchased in Town Center recently. Advised with the limitation of options for that building she was considering either a Starbucks or allowing the use of the building to the Church of Scientology. Ms. Kuhns called out the inconsistencies in what types of business are not permitted under the current zoning code and what is actually already operating in Town Center, such as: car sales lot, gas stations, and bar.
David Lindauer, Tyler Bartholomew and Angie Steams ofMaverix Broadband, Parker, CO
Mr. Lindauer spoke to his frustration in not receiving a ROW permit without complying with the Town's request for a license agreement first. It is his belief that the rules under the right of way permitting process are not fair, in his opinion, and he wants the same considerations that Comcast was given in years past.

Public Hearing

Mayor Kolm called the public hearings to order at 8:36pm.

Joey Kuhns -42309 Kiowa Bennett Road, Kiowa, CO
Ms. Kuhns spoke to her limited land uses available for the old bank building she purchased in Town Center recently. Advised with the limitation of options for that building she was considering either a Starbucks or allowing the use of the building to the Church of Scientology. Ms. Kuhns called out the inconsistencies in what types of business are not permitted under the current zoning code and what is actually already operating in Town Center, such as: car sales lot, gas stations, and bar.
David Lindauer, Tyler Bartholomew and Angie Steams ofMaverix Broadband, Parker, CO
Mr. Lindauer spoke to his frustration in not receiving a ROW permit without complying with the Town's request for a license agreement first. It is his belief that the rules under the right of way permitting process are not fair, in his opinion, and he wants the same considerations that Comcast was given in years past.

Mr. Bartholomew asserted the inability to proceed with the broadband through Kiowa was because of the inability to reach an agreement on the permitting requirements and is detrimental to the project and citizens of Kiowa.

Ms. Boyd stated that discussions occurred prior to Maverix's public comment in June and now July, as well as the communications wherein Maverix asserted they had contacted the Governor's Broadband Office to force the Town's hand in its permitting process. She also explained that the Town's request for a license agreement is not uncommon, and the Town of Elizabeth is currently having issues with Maverix coming back and repairing things they either had not finished yet or have broken and the license agreement assists in addressing these matters. Further, it is not appropriate for a company to request to dig up a municipality right of way in order to lay their infrastructure and make a financial gain from doing so without some sort of quarterly or annual payment back to the municipality for being allowed to do so.

Mayor Pro Tem Smith made reference to the Zayo Group replacing conduit a year or so ago and Ms. Boyd advised they are not the same situation. Zayo was replacing what was already there and Maverix is installing some lines that were not previously there.

Trustee Baker inquired as to why they do not just go down CO-86 and not all the way through Town center. Ms. Lindauer advised that would be more costly due to the amount of concrete that would be required to be tom up and replaced.

Ms. Borne advised the Board we are working with the Town of Elizabeth and the issues they are experiencing with Maverix and advised she is happy to sit down and discuss this matter with them and stated that the type of disturbance they are proposing to Kiowa's right of way is not a simple proposition.
Ronald Pippin, Sr. - 100 Ute Avenue #C-8, Kiowa, CO
Mr. Pippin made comment regarding the Town not working with Mr. Craft and his development, the Town's inability to get "the white goddess on the hill" and asserted if the Town would get rid of code enforcement, they could better afford repairs to the roads and sidewalks.

Staff Reports

Mayor
None.
Board of Trustees
Trustee Howard asked to reiterate that they are all volunteers sitting on the Town Board and she expressed her frustration with the complete disregard the Authority Board has had for the business that needs to be conducted by the Town for the last two months.
Town Attorney
None.
Town Administrator
None.
Public Works
Ms. Boyd advised that lightning hit one of the large trees in Nordman Park and caused a large branch to come down. Mayor Kolm removed it back up to the shop. Mr. Mendez is in the process of replacing the rubber mulch on the playground, but it is a drawn-out process due to only having one part-time employee doing the work.
Code Enforcement
3rd quarter report due in September.

Consent Items

Approval of Minutes from May 14, 2024, Monthly Meeting and June 11, 2024, Monthly Meeting
Mayor Pro Tem Smith made the motion to approve the minutes from the May 14, 2024, monthly meeting and the June 11, 2024, monthly meeting. Trustee Howard seconded, and the motion was carried 7-0 with no discussion.
Expenditures for Year-to-Date 2024
Trustee Howard made the motion to approve expenditures for the year-to-date 2024. Trustee Hart seconded, and the motion was carried 7-0 with no discussion.

Conflict of Interest Discussion

Ms. Borne opened requested anyone with a clear or perceived conflict speak up and make that conflict known prior to entering executive session. There was no response or discussion from the Trustees.

Trustee Howard made the motion to move out of the open meeting at 8:30pm. Trustee Shafer seconded, and the motion was carried 7-0 with no discussion.

Mayor Kolm made the motion to move into executive session at 8:35pm. Trustee Baker seconded, and the motion was carried 7-0 with no discussion.

Executive Session

"Subject to C.R.S. 24-6-402(4), the Town of Kiowa Board will meet in an executive session upon affirmative vote of 2/3 of the quorum present, for the sole purpose of considering:

(b) Conferences with Town Attorney and Special Counsel for the purpose of receiving legal advice on specific legal questions regarding the Digby Properties, LLC vs Town of Kiowa Petition to Disconnect".

Moved out of executive session at 8:59pm.

New Business

Trustee Howard made the motion to instruct Special Counsel Poppe to proceed with disconnect and Trustee Baker seconded. The motion carried 7-0 with no discussion.

Mayor Pro Tem Smith made a motion to amend the agenda to add consideration of the rezone request from Foster Houts for property located at 811 CR 134, rezoning it from Public Land (PL) to Commercial (C-2). Trustee Shafer seconded and the motion carried 7-0 with no discussion. Foster Houts spoke to the Board concerning his request for rezoning the property.

Trustee Howard made a motion to approve the rezone request and Mayor Pro Tem Smith seconded, and the motion carried 7-0 with no further discussion. Ms. Borne advised a more formal vote with a required public hearing will be held at the next regularly scheduled meeting.

Old Business

None.

Discussion/Communications