March 14, 2023 Minutes

Town of Kiowa Board of Trustees Regular Monthly Meeting Minutes

March 14, 2023

Call to Order

The regular meeting of the Board of Trustees of the Town of Kiowa was called to order on March 14, 2023, at 7:00 PM by Mayor Kolm.

Roll Call

Present: Mayor Kolm, Director Trevor Smith, Director Andrew Lowry, and Director Josh Baker, Director Terry Howard, and Director Baillie Wineland were present. Director Jonathon Shafer was absent. The Town of Kiowa had a quorum to conduct business.

Also present were
Kimberly Boyd Town Administrator
Tasha Chevarria, Town Clerk
Ruth Borne., Town Counsel
Cory 'Rutz, Counsel for Craft Companies appeared via Zoom
Amy Bernstein-Greer, Stan Bernstein and Associates, Inc appeared via Zoom

Guests:
Danielle Ullom, Kiowa Schools
Debbie Ullom, Lifetime Properties
Annette Burmaster, Patty Ann's Restaurant

Agenda Consent

Director Howard made the motion to approve the agenda. Director Baker seconded, and the motion was carried 5-0 with no discussion.

Staff Reports

Mayor
Requested letters of support from the businesses along SH-86 for CDOT grant request for drainage and sidewalk issues.
Board of Trustees
Director Wineland advised there has been an abundance of trash that has blown around the town from the recent high winds. Mayor Pro Tem Smith voiced his concern over the KWWSA Board and Town Board not getting along, as well as the community at large. Pleaded that all parties work harder to present a united front for the sake of the community.
Town Attorney
None.
Town Administrator
Ms. Boyd advised the Town received a scholarship from the Colorado Municipal League this year for her to attend their annual conference in Aurora, Colorado from June 25-28. She advised Mayor Kolm would be joining her as an elected official. The new website is up and running and after she and Tasha receive training on such the web designer will set up the old website to divert to the new one. Lastly, John Deere parts were ordered to complete a full maintenance on the John Deere tractor.
Public Works
Ms. Boyd advised they are aware of the various pothole issues around town and that they would be addressed as soon as the snow ceased long enough for the holes to dry up so that they can be repaired.
Code Enforcement
First quarter report due in April.

Consent Items

Approval of minutes from February 7, 2023, Work Session and February 2023 BOT Monthly Meeting, February 14, 2023
Director Howard made the motion to approve the minutes from the February 7, 2023, Work Session and February 14, 2023, BOT Monthly Meeting. Director Lowry seconded, and the· motion was carried 5-0 with no discussion.
Expenditures for Year-to-Date 2023
There were no questions or discussions concerning the expenditures of the Board.

Public Hearing

Mayor Pro Tem Smith moved to adjourn the open meeting at 7:13pm and move into public hearing, seconded by Director Howard. Motion carried 5-0 with no discussion.

Mayor Pro Tem Smith moved to move into meeting at 7:13pm, seconded by Director Howard. Motion carried S-O with no discussion.

Elbert County 4-H Leaders Council - Special Event Liquor License (4/21-4/23)
Kiowa Schools Booster Club - Special Event Liquor License (3/18)

Kali Benson, Director of the Elbert County 4-H Leaders Council, spoke on behalf of the organization. She advised they will be checking IDs, utilizing wrist bands to identify those that are of age to drink, and drinks are being served as complimentary and not being sold.

Mayor Pro Tem Smith moved to approve the special event liquor license for the Elbert County 4-H Leaders Council event, seconded by Director Lowry. Motion carried 5-0 with no discussion.

There was no one present from the Kiowa Schools Boosters Club to speak on behalf of the organization or the special event application. Mayor Kolm read the application and information regarding their request to the Board.

Director Baker moved to approve the special event liquor license for the Kiowa Schools Booster Club event, seconded by Director Howard. Motion carried 5-0 with no discussion.

Director Howard moved to adjourn the public hearing at 7:19 pm and move back into an open meeting, seconded by Director Wineland. Motion carried 5-0 with no discussion.

Director Baker moved to move back into open meeting at 7:19pm, seconded by Director Howard. Motion carried 5-0 with no discussion.

New Business

Sheriff Tim Norton gave a 2022 EOY update concerning the town specifically:
- 944 total CFS in 2022
  - 225 traffic stops
  - 15 check the welfare
  - 22. auto accidents
  - 245 calls for increased patrols
  - 128 follow-ups
He advised the Department is down 6 patrol deputies, leaving 3 deputies on each of the 3 shifts to patrol 1,800 plus square miles of county jurisdiction. He explained this shortage of manpower is a direct result of not enough funding to keeping qualified, certified deputies in his department. Many are leaving to go to higher paying departments, such as the Town of Castle Rock, that are starting their deputies at or above $90,000/year.
Policy 22-053: Streets and Roads - Snow Removal Procedures
Mayor Pro Tem Smith moved to approve Policy 22-053: Streets and Roads - Snow Removal Procedures with correction to one spelling error, seconded by Director Howard. Motion carried 5-0 with no discussion.
Town equipment replacement and cost estimates
Ms. Boyd advised the Board that Director Baker has graciously volunteered to research and prepare a cost analysis of the Town's currently outdated and/or inoperable equipment versus the replacement of such. Director Baker will give an update on this matter in the next one to two months.
Chargeback Agreement with Kiowa Creek Meadows
Attorney Ruth Borne advised that Craft Companies has asked that the Town not charge them for the drafting of the ordinance to amend and reinstate the development agreement. Craft Companies attorney, Cory Rutz, requested revisions be made to the current chargeback agreement with the Town that would give further clarification in acceptable charges to the developer. Ms. Borne agreed to consider these revisions and would continue discussion with Ms. Rutz in the weeks following this meeting. Director Baker moved to approve that the Town does not invoice any charges surrounding
Ordinance 1, Series 2023 moving forward and that Ms. Borne continues conversations concerning revision of the current chargeback agreement, seconded by Director Wineland. Motion carried 5-0 with no discussion.
Financial Analysis Kiowa Creek Meadows Development Prepared by: Stan Bernstein & Associates, Inc.

Amy Bernstein-Greer, Stan Bernstein and Associates, Inc. gave a presentation of her analysis of potential Town of Kiowa revenues generated as a result of the Kiowa Creek Meadows Development.

Discussion was had with Cory Rutz and Debbie Ullom concerning the outdated impact fees the Town currently has on the books from 2004. Ms. Rutz reiterated that a request to bring those impact fees up to 2023 prices would be a "non-starter" for the developer and not something they would consider further discussion on. Ms. Ullom asserted that it is unfortunate those impact fees are so sorely out of date, but an agreement has been made and while the town is missing out on millions of dollars, they are getting something, and something is better than nothing. Mayor Kolm voiced his concerns on the millions the Town is missing out on with such outdated impact fees and suggested a possible analysis of that those would look like for the town, since this fiscal analysis did not take those into consideration.
Amendment and Restatement of Development Agreement Kiowa Creek Meadows Development Agreement

Danielle Ullom requested that the school legal counsel review the language of this document preceding any potential approval by the Board, prior to the next monthly meeting in April.

Director Baker moved to carry this matter over to the next monthly meeting in April, by public meeting, seconded by Mayor Pro Tem Smith. Motion carried 4-0 with Director Howard being the sole Nay.

Old Business - Public Hearing

An 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 Baker made a motion to move into public hearing at 9:10pm, seconded by Director Wineland. Motion carried 5-0 with no discussion.

Discussion was had concerning the merits of approving this ordinance and to denying it.

Director Baker moved to carry this matter over to the next monthly meeting in April, seconded by Mayor Pro Tem Smith. Motion carried 4-0 with Director Howard being the sole Nay

Director Baker moved to have an impact fee analysis completed, seconded by Director Wineland. Motion carried 4-0 with Mayor Pro Tem Smith being the sole Nay.

Mayor Pro Tem Smith made a motion to move out of the public hearing at 9:40pm, seconded by Director Baker. Motion carried 5-0 with no discussion.

Public Comment

Debbie Ullom and Annette Burmaster spoke about the ice and drainage issues along SH-86 in front of the business this past winter, presented pictures, and asked that the Town work with them to remedy the issues.

Discussion/Correspondence

None.

Adjourn

Director Baker made the motion to adjourn at 10:00pm. Director Wineland seconded, and the motion carried 5-0 with no discussion.

The next regular meeting will be on April 11th at Town Hall at 1:00pm

Approved:

Rickard D. Kolm, Mayor

Kimberly Boyd, Town Administrator