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TOWN OF BENNETT, COLORADO
BOARD OF TRUSTEES
Regular Meeting
April 25, 2006
1. CALL TO ORDER
The Board of Trustees of the Town of Bennett met in regular session on April 25, 2006 at the Town
Hall, 355 4th Street, Bennett, Colorado. Mayor Pro Tem Small called the meeting to order at 7:20
p.m. The following persons were present upon the call of the roll:
Mayor: Sue Horn – Absent
Trustees Present: David Dummar
Kurt Eanes – Absent
Orlando Gonzalez
Neal Mancuso – Absent
Rich Pulliam
Carol Small
Staff Present: Tam Intermill, Town Clerk/Treasurer
Sam Light, Town Attorney
Rebecca Toberman, Senior Planner
Chuck Weiss, Town Engineer
Public Present: Steve Vetter
2. APPROVAL OF AGENDA
TRUSTEE PULLIAM MOVED, TRUSTEE GONZALEZ SECONDED to amend the agenda as
follows:
Add 5. Regular Business, C. Action/Discussion, 1. Intergovernmental Agreement
Between Antelope Hills General Improvement District and Town of Bennett for
Vertical Well Construction, Resolution No. 299
The Mayor Pro Tem declared the motion carried.
3. CONSENT AGENDA
TRUSTEE PULLIAM MOVED, TRUSTEE GONZALEZ SECONDED to approve the consent
agenda. Voting was as follows:
YES: Dummar, Gonzalez, Pulliam, Small
NO: None
ABSENT: Eanes, Horn, Mancuso
The Mayor Pro Tem declared the motion carried.
Approval of Bills
1. April 25, 2006
B. Approval of Minutes
1. April 11, 2006
4. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
There were no public comments.
Town of Bennett
Regular Meeting
April 25, 2006
Page 2 of 5
5. REGULAR BUSINESS
A. Public Hearing
1. Public Hearing – Bennett Municipal Code – Subdivision and Plat Modifications
Mayor Pro Tem Small opened the public hearing for the Bennett Municipal Code,
Subdivision and Plat Modifications, Case No. 06.08CM, at 7:22 p.m. The Mayor Pro Tem
verified that the Town was in compliance with all statutory procedures and guidelines.
Tam Intermill, Town Clerk, entered the following exhibits into the record:
1. Proof of Publication of Public Hearing - Publisher’s Affidavit dated March 31, 2006
- Legal # 729
2. Planning Dept Staff Report dated April 20, 2006
Rebecca Toberman, Senior Planner, gave background and reasoning for the need to update
and revise the Subdivision and Plat Modification. Ms. Toberman stated that all the
recommended revisions had been reviewed and approved by the Town Attorney, Town
Engineer, and the Planning and Zoning Commission.
Matt Reay, Town Administrator, stated that this would be the first in a series Code revisions
to streamline and make the Code more understandable.
The Mayor Pro Tem asked if there were any further comments from the public, Board, or
staff. There being none the public hearing for the Bennett Municipal Code, Subdivision and
Plat Modifications, Case No. 06.08CM, was closed at 7:28 p.m.
Ordinance No. 548
TRUSTEE PULLIAM MOVED, TRUSTEE DUMMAR SECONDED to adopt Ordinance
No. 548, an ordinance amending Chapter 16, Article XIV of the Bennett Municipal Code
expanding the review process and submittal requirements for a Minor and Major Subdivision
and for a Preliminary and Final Plat application. Voting was as follows:
YES: Gonzalez, Pulliam, Small, Dummar
NO: None
ABSENT: Eanes, Horn, Mancuso
The Mayor Pro Tem declared the motion carried.
B. Ordinance
1. Ordinance No. 543 – IREA Franchise Agreement
Sam Light, Town Attorney read the Second Reading of Ordinance No. 543 – IREA Franchise
Agreement into the record as follows:.
An ordinance granting a franchise by the Town of Bennett, Adams County and
Arapahoe County, Colorado, to the Intermountain Rural Electric Association, its
successors and assigns, to construct, purchase, acquire, locate, maintain, operate and
extend into, within and through said town, plants, works, systems and facilities for
the generation, transmission and distribution of electrical energy by means of
conduits, wires, cables, poles and structures, or otherwise, on, over, under, along and
across all public and dedicated streets, alleys, viaducts, bridges, roads, lanes, public
ways and other public places in said Town of Bennett, to sell, furnish and distribute
said products to the town and the inhabitants thereof; and providing for the repeal of
franchise Ordinance No. 155 of said Town, passed and approved April 14, 1981.
Town of Bennett
Regular Meeting
April 25, 2006
Page 3 of 5
1. Ordinance No. 543 – IREA Franchise Agreement continued:
TRUSTEE DUMMAR MOVED, TRUSTEE PULLIAM SECONDED to adopt Ordinance
No. 543, an ordinance granting a franchise by the Town of Bennett, Adams County and
Arapahoe County, Colorado, to the Intermountain Rural Electric Association, its successors
and assigns, to construct, purchase, acquire, locate, maintain, operate and extend into, within
and through said town, plants, works, systems and facilities for the generation, transmission
and distribution of electrical energy by means of conduits, wires, cables, poles and structures,
or otherwise, on, over, under, along and across all public and dedicated streets, alleys,
viaducts, bridges, roads, lanes, public ways and other public places in said Town of Bennett,
to sell, furnish and distribute said products to the town and the inhabitants thereof; and
providing for the repeal of franchise Ordinance No. 155 of said town, passed and approved
April 14, 1981. Voting was as follows:
YES: Pulliam, Small, Dummar, Gonzalez
NO: None
ABSENT: Eanes, Horn, Mancuso
The Mayor Pro Tem declared the motion carried.
2. Ordinance No. 545 – Lodging Tax
Sam Light, Town Attorney, reviewed Ordinance No. 545, the voter-approved lodging
occupation tax for the Town of Bennett.
TRUSTEE GONZALEZ MOVED, TRUSTEE PULLIAM SECONDED to adopt Ordinance
No. 545, an ordinance amending Chapter 4 of the Bennett Municipal Code to effect a voter-
approved lodging occupation tax for the Town of Bennett. Voting was as follows:
YES: Small, Dummar, Gonzalez, Pulliam
NO: None
ABSENT: Eanes, Horn, Mancuso
The Mayor Pro Tem declared the motion carried.
3. Ordinance No. 547 – Vacating Streets and Alleys on School Property
Sam Light, Town Attorney, introduced Ordinance No. 547 an ordinance vacating streets and
alleys on School Property.
Matt Reay, Town Administrator, advised the Board that this is the final step of issues with
the school district regarding water taps, water lines, easements, street, and alley closures on
the district’s property.
Chuck Weiss, Town Engineer, and Rebecca Toberman, Senior Planner, stated that all the
documents had been reviewed and were in order.
Mr. Light referred to the State Statute’s procedure for vacating streets and alleys which
includes recording the proper documents with the County Clerk and Recorder.
TRUSTEE PULLIAM MOVED, TRUSTEE GONZALEZ SECONDED to adopt Ordinance
No. 547, an ordinance for vacation of all right, title and interest of the Town of Bennett in
and to any roadways lying within certain property owned by the Bennett School District No.
29-J. Voting was as follows:
YES: Dummar, Gonzalez, Pulliam, Small
NO: None
ABSENT: Eanes, Horn, Mancuso
The Mayor Pro Tem declared the motion carried.
Town of Bennett
Regular Meeting
April 25, 2006
Page 4 of 5
C. Action/Discussion Items
1. Intergovernmental Agreement Between Antelope Hills General Improvement District
and the Town of Bennett for Vertical Well Construction
Sam Light, Town Attorney, reviewed the Intergovernmental Agreement between the
Antelope Hills General Improvement District and the Town of Bennett for the
Antelope Hills water system improvements.
TRUSTEE PULLIAM MOVED, TRUSTEE DUMMAR SECONDED to adopt Resolution
No. 299, a resolution by the Board of Trustees of the Town of Bennett approving an
agreement for construction of Antelope Hills water system improvements. Voting was as
follows:
YES: Gonzalez, Pulliam, Small, Dummar
NO: None
ABSENT: Eanes, Horn, Mancuso
The Mayor Pro Tem declared the motion carried.
2. Jehn Water Consultants Water Agreement
Matt Reay, Town Administrator, distributed a water agreement for services from Jehn Water
Consultants, Inc. The scope of work would address the provision of design, administration
and construction oversight services for the construction of the vertical well. Mr. Reay then
reviewed Tier 1 and Tier 2 of the subdivisions water system improvements.
Chuck Weiss, Town Engineer, commented on the proposed location of the well and right of
way.
TRUSTEE PULLIAM MOVED, TRUSTEE GONZALEZ SECONDED to adopt Resolution
No. 298, a resolution approving an agreement with Jehn Water Consultants, Inc. for services
related to well design, administration and construction oversight a new Antelope Hills water
well. Voting was as follows:
YES: Pulliam, Small, Dummar, Gonzalez
NO: None
ABSENT: Eanes, Horn, Mancuso
The Mayor Pro Tem declared the motion carried.
3. Comcast Franchise Renewal Agreement
Sam Light, Town Attorney, spoke to the Board regarding the Comcast Franchise Renewal
agreement for cable television services within the Town. Questions raised for inclusion of
the franchise included the following:
Clarification of the offered Public Education channel
Provision for cable services at the North Shop, South Shop, Community Center,
Muegge House, and Fire Department
Seed money to tape and rebroadcast Board meetings
Mr. Light said he would follow the direction of the Board and present the revisions to
Comcast.
Town of Bennett
Regular Meeting
April 25, 2006
Page 5 of 5
6. REPORT FROM TOWN STAFF
Senior Planner
Rebecca Toberman, Senior Planner, reported on the following:
King Soopers submittal of plans
Proposed Hampstead Collection Annexation a residential development on 46 acres
Proposed Public Hearing scheduled for Antelope Hills Park in June
Next Municipal Code Amendments to include:
1. Conditional Use application and process
2. Revisions to the Board of Adjustment
Town Engineer
Chuck Weiss, Town Engineer, reported on the review of King Soopers construction, sprinkler
system, and drainage plans. He also commented on the proposed King Soopers cost agreement.
Town Clerk
Tam Intermill, Town Clerk, reported on the following:
Future Board meeting and work/study agendas
Volunteer Celebration held on April 21st
Town Administrator
Matt Reay, Town Administrator, reported on the following:
Well #11 maintenance progress
New telephone system in the Town Hall
7. TRUSTEE COMMENTS AND COMMITTEE REPORTS
Trustee Dummar
Trustee Dummar reported that the Bennett Park and Recreation District construction has begun for the
new recreation center.
8. ADJOURNMENT
TRUSTEE DUMMAR MOVED, TRUSTEE PULLIAM SECONDED to adjourn the meeting. The
motion carried. The meeting was adjourned at 8:07 p.m.
_____________________________________ __________________________________
Carol Small, Mayor Pro Tem Tam M. Intermill, Town Clerk
