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TOWN OF BENNETT, COLORADO by fjhuangjun

VIEWS: 42 PAGES: 7

									                                TOWN OF BENNETT, COLORADO
                                   BOARD OF TRUSTEES
                                       Regular Meeting
                                      September 13, 2005

1.   CALL TO ORDER

     The Board of Trustees of the Town of Bennett met in regular session on September 13, 2005 at the
     Town Hall, 355 4th Street, Bennett, Colorado. Mayor Karen Grossaint called the meeting to order at
     7:05 p.m. The following persons were present upon the call of the roll:

     Mayor:               Karen Grossaint

     Trustees Present:    David Dummar
                          Kurt Eanes
                          Sue Horn – Absent
                          Neal Mancuso
                          Rich Pulliam
                          Carol Small

     Staff Present:       Randy Holland, Director of Public Works
                          Tam Intermill, Town Clerk/Treasurer
                          Sam Light, Town Attorney
                          Bruce Nickerson, Town Planner
                          Matthew Reay – Town Administrator
                          Rebecca Toberman, Planner I
                          Chuck Weiss, Town Engineer
                          Lynette White, Secretary

     Public Present:      Linda Miller, Ron Skarka, Karen Holbert, Jerry Sir, Brian Ridgway, Brett
                          Ridgway, Kelly Milliken, Harold Romer, Karen Henry, Tom Rossillon, Steve
                          Vetter

2.   APPROVAL OF AGENDA

     TRUSTEE MANCUSO MOVED, TRUSTEE SMALL SECONDED to amend the agenda as follows:
          Move 6. Regular Business, B. Action/Discussion Items, 4. Bennett Recreation District
            IGA to 9. Executive Session, 2. Bennett Recreation District IGA
          Move 6. Regular Business, A. Public Hearing, Resolution No. 277 – Approving Root
            Annexation Agreement to a work/study session
          Delete 6. Regular Business, A. Public Hearing, Resolution No. 278 – Approving Root
            and Village at Kiowa Creek Zoning and ODP No action needed per Sam Light, Town
            Attorney
     The Mayor declared the motion carried.

3.   CONSENT AGENDA

     TRUSTEE MANCUSO MOVED, TRUSTEE PULLIAM SECONDED to approve the consent
     agenda. Voting was as follows:
         YES:             Dummar, Eanes, Grossaint, Mancuso, Pulliam, Small
         NO:              None
         ABSENT:          Horn
     The Mayor declared the motion carried.
Town of Bennett
Regular Meeting
September 13, 2005
Page 2 of 7

3.   CONSENT AGENDA continued:

     Approval of Bills
        1. Action: Approve bill list of September 13, 2005
     B. Approval of Minutes
        1. Action: Approve regular meeting minutes of August 23, 2005
        2. Action: Approve special meeting minutes of September 6, 2005

4.   PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

     There were no public comments.

5.   APPOINTMENT OF TOWN ADMINISTRATOR

     Trustee Small introduced Matthew Reay to the Board and public. Mr. Reay assumed the position of
     Town Administrator on Monday, September 12, 2005.

     TRUSTEE MANCUSO MOVED, TRUSTEE SMALL SECONDED to accept the appointment of
     Matthew Reay as Town Administrator and authorize the Mayor to execute Mr. Reay’s Letter of
     Agreement. Voting was as follows:
         YES:             Eanes, Grossaint, Mancuso, Pulliam, Small, Dummar
         NO:              None
         ABSENT:          Horn
     The Mayor declared the motion carried.

6.   REGULAR BUSINESS

     Public Hearing
        1. Public Hearing – Root Annexation – Case No. 05.02AX
        2. Public Hearing – Village at Kiowa Creek ODP and Zoning for Entire Parcel – Case No.
             05.03ODP

         Sam Light, Town Attorney, advised the Board the Public Hearings for the Root Annexation, Case
         No. 05.02AX and Village at Kiowa Creek ODP and Zoning for Entire Parcel, Case No.
         05.03ODP may be opened concurrently.

         Mayor Grossaint opened the Public Hearings for Case No. 05.02AX - Root Annexation and Case
         No. 05.03ODP Village at Kiowa Creek ODP and Zoning for Entire Parcel concurrently at 7:11
         p.m.

         The Mayor administered the oath of testimony to all persons wishing to speak in regard to the
         Public Hearing.

         Karen Holbert, Village Homes of Colorado, introduced the following persons representing the
         Village Homes proposals to the Board: Karen Henry, Ron Skarka and Tom Rossillon. Ms.
         Holbert presented the Overall Development Plan for The Village at Kiowa Creek as follows:
               292 acre parcel zoned commercial and residential
               Family oriented environment
               516 homes (355 single family detached, 160 attached )
               Plans include the addition of a 9 ½ acre park
               Future site for an elementary school
               Title 32 Metro District
Town of Bennett
Regular Meeting
September 13, 2005
Page 3 of 7

    A. Public Hearing continued:
       1. Public Hearing – Root Annexation – Case No. 05.02AX
       2. Public Hearing – Village at Kiowa Creek ODP and Zoning for Entire Parcel – Case No.
          05.03ODP

        The following exhibits were entered into the record:
           1. Land Use Application dated March 22, 2005 (Annexation and zoning)
           2. Land Use Application dated April 28, 2005 (Outline Development Plan)
           3. Certificate of Compliance with House Bill 01-1088 (codified at C.R.S. 24-65.5-101),
                 concerning notification to mineral estate owners dated March 11, 2005
           4. Proof of Publication of Public Hearing - Publisher’s Affidavit dated August 26, 2005 -
                 Legal # 616
           5. Property Posting Log dated September 12, 2005
           6. Annexation and Outline Development Plan submittal dated August 15, 2005
           7. Certificate of Mailing letters to adjacent land owners dated September 12, 2005
           8. Copy of letter to adjacent land owners
           9. Staff Report dated September 9, 2005
           10. Referral comments from Bennett Fire District # 7 dated September 12, 2005
           11. Printed PowerPoint staff presentation dated September 12, 2005
           12. Proof of Publication of Public Hearing - Publisher’s Affidavit dated August 12, 19, 26,
                 and September 2, 2005 - Legal # 606

        Mr. Nickerson reviewed the annexation process and stated the developer has previously
        purchased 125 water taps for the development.

        Chuck Weiss, Town Engineer, advised that all preliminary documents had been received and
        were in order.

        Jerry Sir, 740 4th Street, Bennett Fire Protection District Board Director, addressed the Board
        regarding the unmet capital construction impact fees charged by the Fire District. Mr. Sir stated
        the Fire District does not currently have an Intergovernmental Agreement in place with the Town.
        Without the IGA, the quality of service for the proposed project could be compromised.

        Ron Skarka, Vice President of Planning for Village Homes of Colorado, discussed the unmet
        capital construction impact fees, the PDP, FDP, Mr. Skarka advised the Board that there were
        minor amendments to be made to the annexation agreement.

        Mr. Light stated the four issues in the annexation agreement to be resolved are:
            1. Section C., 9., Improvement District
            2. Section C., 15., Municipal Services
            3. Section C., 16., Water Rights
            4. Section C., 16., Sub-paragraph C., Language regarding Water Rights

        There were no further comments from the public, developer, or Town staff.

        The Mayor closed the Public Hearings for Case No. 05.02AX - Root Annexation and Case No.
        05.03ODP Village at Kiowa Creek ODP and Zoning for Entire Parcel concurrently at 7:51 p.m.

        Mr. Light stated that Resolution No. 276 – Approving Root Annexation Proceedings, and
        Ordinance No. 535 – Root Annexation, were found to be eligible for adoption. After the
        conditions of the annexation agreement are finalized and signed, staff may complete annexation
        and ODP documents.
Town of Bennett
Regular Meeting
September 13, 2005
Page 4 of 7

    A. Public Hearing
       1. Public Hearing – Root Annexation – Case No. 05.02AX
       2. Public Hearing – Village at Kiowa Creek ODP and Zoning for Entire Parcel – Case No.
          05.03ODP

        Resolution No. 276 – Approving Root Annexation Proceedings

        TRUSTEE MANCUSO MOVED, TRUSTEE PULLIAM SECONDED to adopt Resolution No.
        276, a resolution concerning a petition for the annexation of property to the Town of Bennett,
        Colorado, known as the Root Annexation to the Town of Bennett, and finding the area proposed
        to be annexed eligible for annexation. The Mayor declared the motion carried.

        Ordinance No. 535 – Root Annexation

        TRUSTEE DUMMAR MOVED, TRUSTEE EANES SECONDED to approve Ordinance No.
        535, an ordinance approving an annexation known as the Root Annexation to the Town of
        Bennett, Colorado, subject to completion by September 27, 2005. The Mayor declared the
        motion carried.

        Mr. Light reviewed the changes to the Root Annexation Agreement. The Board requested
        Resolution No. 277 – Approving Root Annexation Agreement, be scheduled for the next
        work/study session.

        Ordinance No. 536 – Approving Root Zoning and Village at Kiowa Creek Rezoning and ODP

        TRUSTEE MANCUSO MOVED, TRUSTEE PULLIAM SECONDED to approve Ordinance
        No. 536, an ordinance zoning property annexed to the Town of Bennett and known as the Root
        Annexation and approving a rezoning and outline development plan for the proposed Village at
        Kiowa Creek. The Mayor declared the motion carried.

Meeting Recess

The Mayor declared a recess at 8:31p.m. The meeting resumed at 8:40 p.m.

    A. Action/Discussion Items
       1. East Central BOCES – Underground Fiber Install Request

             Matthew Reay, Town Administrator, Rebecca Toberman, Planner I, and Sam Light, Town
             Attorney, discussed the East Central BOCES – Underground Fiber Install Request. Further
             discussion was planned for the September 20th work/study session.

        2.   Antelope Hills Retention/Detention Pond

             Sam Light, Town Attorney, reviewed amendments to the draft Grading Permit for Antelope
             Hills Retention/Detention Pond. Mr. Light advised that the Board could approve the permit
             and authorize the Mayor sign after all the terms and conditions are met.

             TRUSTEE MANCUSO MOVED, TRUSTEE PULLIAM SECONDED to approve the draft
             Grading Permit for Antelope Hills Retention/Detention Pond as amended and authorize the
             Mayor to sign once exhibits are in place. Voting was as follows:
                 YES:             Grossaint, Mancuso, Pulliam, Small, Dummar, Eanes
                 NO:              None
                 ABSENT:          Horn
             The Mayor declared the motion carried.
Town of Bennett
Regular Meeting
September 13, 2005
Page 5 of 7


         3.   Phase I Wastewater Project

              Sam Light, Town Attorney, reviewed the Town’s Purchasing Policy regarding the purchase
              of the wasterwater pumps required for Phase I Wastewater Project ordered by the State
              Health Department. He discussed the emergency and sole source verbiage in the Purchasing
              Policy and advised the Board accordingly.

              TRUSTEE MANCUSO MOVED, TRUSTEE PULLIAM SECONDED to accept the
              recommendation for purchase of the required wastewater pumps for Phase I Wastewater
              Project and approve preliminary engineering, not to exceed $10,000, for Phase II Wastewater
              Project. Voting was as follows:
                  YES:              Mancuso, Pulliam, Small, Dummar, Eanes, Grossaint
                  NO:               None
                  ABSENT:           Horn
              The Mayor declared the motion carried.

         4.   Bennett Recreation District Intergovernmental Agreement

              By the motion approving the consent agenda this item was moved to Executive session.

7.   REPORT FROM TOWN STAFF

     Director of Public Works

     Randy Holland, Director of Public Works, discussed the following:
         Fuel cost containment measures for Town vehicles
         Town Clean-up Day on September 17, 2005

     Town Engineer

     Chuck Weiss, Town Engineer, advised a claim has been issued by Schmidt Concrete for final payment
     for work completion on Brothers Four Park. Sam Light, Town Attorney stated the obligation of the
     Town of Bennett is to withhold the funds for the settlement prior to releasing the balance due to the
     contractor Zapien Brothers.

     Town Planner

     Bruce Nickerson, Town Planner, provided the following:
          Move discussion on Eastern Slope Rural Telephone Association Land Lease to the October
             4th work/study session
          Add the Root Annexation Agreement update to the September 20th work/study session
          King Soopers update

     Town Administrator

     Matthew Reay, Town Administrator, thanked the Board of Trustees for the opportunity and stated he
     looks forward to working with the public, Board, and Town staff.

     Mr. Reay stated he would pursue discussions with the Bennett Fire Protection District regarding the
     implementation of an Intergovernmental Agreement with the Town.
Town of Bennett
Regular Meeting
September 13, 2005
Page 6 of 7


     Town Clerk/Treasurer

     Tam Intermill, Town Clerk/Treasurer, reviewed the following:
         Work/study schedules
         Workmen’s Compensation information request

8.   TRUSTEE COMMENTS AND COMMITTEE REPORTS

     Carol Small

     Trustee Small discussed the following:
          Intergovernmental Agreement with the Bennett Fire Protection District
          October 15th Town Events at the Community Center to include:
              1. Open House for the introduction of the Town Administrator
              2. Chili Cook-Off competition with the Fire Department
              3. Bennett Community Food Bank celebrating World Food Day

     Neal Mancuso

     Trustee Mancuso inquired if the Memo of Understanding with Adams County municipalities and Tri-
     County Health Department regarding West Nile Virus mosquitoes could be extended for periods
     greater than 1 year. Sam Light, Town Attorney, advised he would review the terms and conditions of
     the current agreement.

9.   EXECUTIVE SESSION

     Bennett Recreation District Intergovernmental Agreement

     The Board of Trustees agreed to discuss the Bennett Recreation District Intergovernmental Agreement
     in open session.

     Sam Light, Town Attorney, provided clarification on the terms of the IGA.

     Meeting Extension

     TRUSTEE SMALL MOVED, TRUSTEE MANCUSO SECONDED to extend the Town Board
     meeting time to 10:45 p.m. The motion carried.

     Bennett Recreation District Intergovernmental Agreement continued:

     Mr. Light, will update the agreement with the necessary changes and submit to the Board for their
     approval at the Special Board Meeting to be held on Tuesday, September 20, 2005.

     Meeting Extension

     TRUSTEE PULLIAM MOVED, TRUSTEE MANCUSO SECONDED to extend the Town Board
     meeting time to 11:00 p.m. The motion carried.
 Town of Bennett
 Regular Meeting
 September 13, 2005
 Page 7 of 7

 9.   EXECUTIVE SESSION continued:

      TRUSTEE SMALL MOVED, TRUSTEE EANES SECONDED to go into executive session for
      discussion of a personnel matter under C.R.S. Section 24-6-402(2)(f) and not involving: any specific
      employees who have requested discussion of the matter in open session; any member of this body or
      any elected official; the appointment of any person to fill an office of this body or of an elected
      official; or personnel policies that do not require the discussion of matters personal to particular
      employees and the following additional details are provided for identification purposes: Personnel
      Evaluations for Randy Holland and Tam Intermill. Voting was as follows:
           YES:              Pulliam, Small, Dummar, Eanes, Grossaint, Mancuso
           NO:               None
           ABSENT:           Horn
      The Mayor declared the motion carried. The Board went into executive session at 10:32 p.m.

      The Board came out of executive session at 11:03 p.m. The Mayor announced that the Board had
      been in executive session and the following persons participated in that session: David Dummar, Kurt
      Eanes, Karen Grossaint, Neal Mancuso, Rich Pulliam, Carol Small, Matthew Reay and Sam Light.
      The Mayor asked if there were any matters not included in the motion for an executive session or
      violations of the Open Meetings Law, and if so, that these concerns be stated for the record. No
      concerns were presented.

      TRUSTEE MANCUSO MOVED, TRUSTEE PULLIAM SECONDED to approve the supervisor’s
      recommendation for Randy Holland and Tam Intermill. Voting was as follows:
          YES:             Small, Dummar, Eanes, Grossaint, Mancuso, Pulliam
          NO:              None
          ABSENT:          Horn
      The Mayor declared the motion carried.

      The Board and Matt Reay, Town Administrator, discussed Mr. Reay’s authority over personnel
      matters.

10.   ADJOURNMENT

      TRUSTEE MANCUSO MOVED, TRUSTEE PULLIAM SECONDED to adjourn the meeting. The
      Mayor declared the motion carried. The meeting was adjourned at 11:15 p.m.


      _____________________________________                    __________________________________
      Karen Y. Grossaint, Mayor                                Tam M. Intermill, Town Clerk

								
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