May 10, 2022 Minutes

Town of Kiowa Board of Trustees

Regular Meeting Minutes
May 10, 2022

Call to Order

The regular meeting of the Board of Trustees of the Town of Kiowa was called to order on May 10, 2022, at 7:00 PM by Mayor Kolm.

Roll Call

Present: Mayor Kolm, Mayor Pro Tem Cindy Tapp, Director Trevor Smith, Director Tim Chambers, Director Terry Howard, Director Jonathon Shafer, and Director Carey Kalisch. The Town of Kiowa had a quorum to conduct business. 

Town Administrator: Kimberly Boyd 
Town Clerk: Tasha Chevarria 
Guests: Robert Tibbals, Esq., and Debbie Ullom, KWWA, Danielle Ullom, Kiowa Schools School Board

Pledge of Allegiance

Mayor Kolm led the audience in the pledge of allegiance.

Agenda Consent

Mr. Tibbals requested to move item (D) Ordinance 2022-01; An Ordinance Adopting by Reference the International Building Code, 2018 Edition, ..., from Old Business to Public Hearing. Mayor Pro Tem Tapp made the motion to approve the revised May agenda. Director Howard seconded, and the motion carried 5-0 with no discussion, as Director Smith was the sole vote for NAY against the change.

Staff Reports

1. Mayor
2. Board of Trustees
   No reports.
3. Town Attorney
   • Potential Emergency Ordinance
   • Mr. Tibbals reported, as a follow up to the previous month's meeting, that he had a phone conversation with the owners of Ute Village concerning code enforcement. The owners apologized for the words of the current management in the previous month's meeting, and he is in the process of setting up a meeting between them and himself.         
4. Town Administrator
   • Easter Egg Hunt
     Ms. Boyd advised Town's East Egg Hunt was an enormous success with approximately 300+ kids in attendance, easily. Realized we need electricity to the park for future events that require it, Mayor Kolm already discussed with Sun Valley the possibility have the install of such donated to the Town. She gave a huge thank you to all our sponsors: Lifetime Properties, Banner Mortgage, Community Banks of Colorado in Kiowa, Glaser Gas, and 40 Mile Feed, and to all our board members that were in attendance and our volunteers that came out to help, especially the Kiowa Fire Protection District for stuffing all those hundreds of eggs! Citizens can go to the Town's FB page to view the pictures. No specific feedback received. 
     
     Next up is the kick-off pancake breakfast on Saturday, June18th.
5. Public Works
   • Pavilions for both parks have been delivered and are currently being stored in the shop until they can be installed. There is a list of requirements prior to beginning install, such as: 8-1-1 locates, securing concrete disposal services for Fawn Valley concrete being removed, permits, etc.
6. Code Enforcement (next quarterly report in July)

Public Comment

None.

Consent Items

1. Approval of minutes from April 2022 BOT meeting 
   Director Howard made the motion to approve the minutes. Director Schafer seconded, and the motion carried 6-0 with no discussion.
2. Expenditures for Year-to Date 2022 
   The year-to-date expenditures were provided for review in the meeting packets. Director Smith made the motion to approve the minutes. Director Chambers seconded, and the motion carried 6-0 with no discussion.

Public Hearing

Mayor Pro Tem Tapp moved to adjourn the open meeting at 7:12 pm and move into public hearing, seconded by Director Howard. Motion carried 6-0 with no discussion. 

Mayor Pro Tem Tapp moved to the open public hearing at 7:12 pm, seconded by Director Smith. Motion carried 6-0 with no discussion.

1. Kiowa Bar - Special Event Liquor License
   Mayor Pro Tem Tapp made the motion to approve a "conditional" special event liquor license being requested by the Kiowa Bar for a fashion show. Director Howard seconded, and the motion carried 6-0.
   
   Discussion: Conditions for approval entailed making sure there is adequate security for the event. Further, making sure the security available was proportional to the number of people in attendance, which currently is unknown. Some board members requested to see wristbands being used to differentiate those of legal drinking age and those that are not.
2. Allison Schwartz & Lucas Hermes Wedding Reception - Special Event Liquor License
   Director Smith made the motion to approve the special event liquor license being requested by Allison Schwartz & Lucas Hermes. Mayor Pro Tem Tapp seconded, and the motion carried 5-0, as Director Kalisch was the sole vote for NAY again issuing this license.
3. Cowboy Up in Kiowa - Special Event Liquor License 
   Teri Mills of Cowboy Up was present to speak to the Board about her organization. She advised they have required all their servers be TIPS certified, they will use wrist bands for all events, and adequate security was established early in the planning process. Director Smith commended Cowboy Up in how they always are meticulous in the signage they provide for all their events. 
   
   Director Smith made the motion to approve the special event liquor license being requested by Allison Schwartz & Lucas Hermes. Director Schafer seconded, and the motion carried 6-0.
4. Ehlers - Land Use Application for replat of 343 Comanche Street 
   Mr. Mike Ehlers was present to speak to the Board about his request for replat. He explained that it is his wish to take the three lots he has now and merge them together into two separate lots and build another house on the second lot for his disabled brother, whom he is the caretaker of now since his mother's passing in January of this year. 
   
   Debbie Ullom spoke on behalf of Mr. Ehlers and further explained there are no access issues coming off HY-86. 
   
   Daniel Vanostrand, property owner, explained he received one of the certified mailings that were required of Mr. Ehlers to send out advising those within 500 ft of his property about his proposed replat request. Mr. Vanostrand felt the information given in those mailings are vague in nature and made suggestions to the Board for revision to said required notifications/mailings. 
   
   Mayor Pro Tem Tapp made the motion to approve the Ehlers replat application. Director Schafer seconded, and the motion carried 6-0.
5. Kiowa Schools - Variance Application for new sign board 
   Danielle Ullom, Treasurer of the Kiowa Schools School Board, was present to speak to the Board about her the variance being requested. She advised they seek a variance for the deviation of five inches from what Code allows. Nothing else about the sign falls outside the allowable requirements set forth in the Town Code. 
   
   Mayor Pro Tem Tapp made the motion to approve the variance application being requested by Kiowa Schools. Director Smith seconded, and the motion carried 6-0 with no discussion.
6. Ordinance 2022-01: An Ordinance Adopting by Reference the International Building Code, 2018 Edition, ... 
   Mayor Pro Tem Tapp made the motion to approve and adopt the ordinance. Director Chambers seconded, and the motion carried 6-0.
   
   Discussion: Director Smith asked for clarification on who records these ordinances and Mr. Tibbals confirmed it would be the Town of Kiowa filing the ordinance with the Elbert County Clerk and Recorders Office.

Mayor Pro Tem Tapp moved to adjourn the public hearing at 8:01 pm and move back into open meeting, seconded by Director Schafer. Motion carried 6-0 with no discussion. 

Director Smith moved to go back into open meeting at 8:01 pm, seconded by Director Schafer. Motion carried 6-0 with no discussion.

Old Business

1. Kiowa Creek Development
   Ms. Boyd advised we are finally progressing forward in that a PD application was forthcoming from Craft LLC within the next week or so, per our attorneys. Ms. Boyd advised Mr. Tibbals is working closely with the land use attorneys on the various ordinances that either need to be updated or need to be adopted regarding zoning and subdivisions.
2. Town bank accounts
   Ms. Boyd advised Community Banks of Colorado in Kiowa have communicated they will be closing this branch on August 5th. Debbie Ullom advised discussion are being had with Farmer State Bank to come into Kiowa and replace Community Banks.
3. Municode -recommendations for revision from the Joint Planning Commission and Variance Committee Boards. 
   Boyd advised the following was discussed and agreed upon by the Joint Planning Commission and Variance Committee Board on April 20, 2022 and is hereby being referred to the Board of Trustees for final decision.
   • Chapter 16-Zoning-Article I -Zoning Code; Sec. 16-1. - Definitions 
     • Tiny Homes
       Motion was made and passed to recommend the addition of tiny homes to the definition of recreational vehicles.
     • Airbnb/VRBO -Discussion regarding this was tabled until the May meeting so the commission can review the information from Summit County that Kim Boyd will send out.
     • Factory-built homes
       Keep definition, add UBC/IRC distinction verbiage.   
     • Manufactured Homes
       Keep definition, add HUD distinction -After reading of the definitions and discussion, motion was made to keep the definitions of Factory built and Manufactured homes as they are and to add the UBC/IRC/HUD distinctions, as applicable.
     • Mobile Home
       Keep this definition as it is. Current language in Code reads:
       "Mobile home means any living unit designed for either permanent or temporary human occupancy so constructed as to permit relocation by highway or other form of transportation. A mobile home does not include any structure having a permanent foundation."
     • Single Family Residence
       Motion was made to change the definition of single-family residence using the proposed language provided by Safebuilt, however, this will need to go back to the Joint Planning and Variance Committee due to how that motion was made and voted on. Once that is clarified with the Joint Planning Commission and Variance Committee a recommendation will be brought back to the Board for recommendation of adoption.
     • Recreational Vehicle
       The definition of recreational vehicle is currently only found under floodplain. Motion was made to remove the language that says four hundred (400) square feet and pulled by a light duty truck, and to include the definition with the other definitions at the beginning of Chapter 16.
   • Chapter 16-Zoning-Article IV- Nonconforming Uses; Sec. 16-74.
     • Nonconforming lots -This will be kept as it is. Current language in Code reads: 
       "Nonconforming lots on record on August 12, 1975, may be built upon, provided that yard requirements are met. Homes built by January 1, 1975, on lots smaller than permitted shall be deemed conforming."
   • Chapter 16-Zoning-Article IV- Nonconforming Uses; Sec. 16-75. - Change to a nonconforming use. - This will be kept as it is. Current language in Code reads: 
     "Nonconforming use of a building or lot shall be changed to another nonconforming use."
   • Chaper 16 - Zoning-Article VII - Floodplain Regulations; Sec. 16-121. - Definitions
     • Recreational Vehicle
       This definition should read the same anywhere it appears in the code. Motion was made for all definition changes to be applied anywhere in the code the term is used. Current language in the Code reads:
       "Recreational vehicle means a vehicle which is:
       • Built on a single chassis.
       • Four hundred (400) square feet or less when measured at the largest horizontal projections.
       • Designed to be self-propelled or permanently towable by a light duty truck. 
       • Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use."
   • Chapter 16-Zoning-Article IX-Amendments; Sec. 16-155. - Public notice
     • Written notice shall be sent by certified mail by the applicant to all owners of property within five hundred (500) feet of the site for which the land use application is made. 
       
       After discussion regarding the cost of certified mailings motion was made to remove the words "certified mail" from the current public notice requirement but maintain a requirement to provide a receipt of mailing.
   • Chapter 16- Zoning-Article X- Planning Commission; Sec. 16-174. - Meetings
     • Change of meeting time 
       Currently, the code stipulates that Planning Commission meetings be held on the 3rd Wednesday of the month at 7pm. Motion was made to change this to read "an agreed upon time" and strike the 7pm.
     • Change in sign requirements 
       The code has specific requirements for posting public notice signs. This includes verbiage and minimum size of the sign and the lettering on the sign. Due to these requirements the signs end up being exceptionally large and expensive. Ms. Chevarria asked that the Commission to consider changing the size requirement of the lettering, or possibly lessening the number of words. The Commission would like more information about where Elbert County and Parker get their signs.
4. Discussion: Ms. Boyd advised that by the next monthly BOT meeting we would be able to include the various areas that are still being considered by the Joint Planning Commission and Variance Committee. Mayor Kolm thanked Ms. Boyd for the report and advised they would consider all the changes at the next monthly meeting, after the Joint Planning Commission and Variance Committee had a chance to finalize their recommendation on the outstanding items.

New Business

1. Appointments of new members to the Joint Planning Commission and Variance Committee for 2022
   
   Director Howard made the motion to approve the appointments, seconded by Mayor Pro Tem Tapp, and the motion carried 6-0 with no discussion. 
   
   Tasha Chevarria, Town Clerk, swore in Sandy Kalisch and re-swore in Debbie Ullom as voting members to the Joint Planning Commission and Variance Committee.

Discussion

None.

Correspondence/Information/Review/Discussion

None.

Adjourn

Director Smith made the motion to adjourn at 9:07pm. Mayor Pro Tem Tapp seconded, and the motion carried 6-0 with no discussion.

The next regular meeting will be on June 8th at Town Hall at 7:00pm