BURLINGTON CITY COUNCIL  REGULAR MEETING Community Center 340S S. 14th St., Room A February 12,2024 6:30 p.m.  COLORADO SINCE 1888  Live public streaming available: at  tpsy/www.buringloncoocomwIualcouncimeceting  AGENDA  1. Call to Order 2. Pledge of Allegiance 3. Roll call Greg Swiatkowski, Mayor Lana Mireles Paul Velasco, Mayor pro tem 4. Review and Approve. Agenda 5. Consent Agenda Items Minutes of. January 29 meeting 6. Public comment (Comment is limiled t03 3 minutes.) 7. Public hearing none 8. Unfinished business 9. New business  Hal McNerney Glen Marciniak  Adrian Hernandez Troy Schultz  Emergency matters coming before Council which may require action may be added to the agenda.  A. Consideration ofa annexation petition for property at 450 S. Lincoln St. and set for public hearing. B. Approve Resolution 2024-01, A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF BURLINGTON, THE UNINCORPORATED TERRITORY KNOWN AS MAVERICK STORE #0476, AND THAT THE UNINCORPORATED TERRITORY IS ELIGIBLE FOR ANNEXATION, AND TO SET DATE OF  PUBLIC HEARING.  .D Discuss annexation petition for property south of6 605 S. Lincoln St.  10. Reports from city departments Administrator - Jim Keehne Clerk - Georgia Gilley Public Works- - Mike Konecne  11. Reports from Council 12. Adjournment    BURLINGTON CITY COUNCIL REGULAR MEETING MINUTES County of Kit Carson State ofColorado Burlington Community and Education Center 340 S. 14th St., Recreation Room January 29,2024 6:30 p.m.  1. Call to order  Mayor Swiatkowski called the meeting to order at 6:30 p.m.  2. Pledge of Allegiance 3. Roll Call  Council members present: Greg Swiatkowski, Mayor Paul Velasco, Mayor Pro Tem Troy Schultz Council members absent: Lana Mireles Glen Marciniak Staff/Officials present: Jim Keehne, Administrator Georgia Gilley, Clerk Becky Castillo Treasurer Mike Konecne Public Works Nick McCartyDaniels Others present: Deb Gutierrez 4. Review and Approve. Agenda  Hall McNerney Adrian Hernandez  Rol Hudler - Economic Development Tyson Weisshaar- Activities Nikki Wall- Old Town Daniel Melia Airport Michael Grinnan City Attorney  Motion by McNerney and second from Velasco to approve the agenda.  Motion passed unanimously. Mireles: Absent Velasco: Aye 5. Consent Agenda Items: A. January 15, 2024 minutes Motion passed unanimously. Mireles: Absent Velasco: Aye  McNerney: Aye Marciniak: Absent  Hernandez: Aye Schultz: Aye  Motion by Schultz and second from McNerney to approve the. January 15,2024, minutes.  McNerney: Aye Marciniak: Absent  Hernandez: Aye Schultz: Aye    6. Public comment: None 7. Public hearings: None 8. Unfinished Business: None 9. New Business:  A. Consider approving Ordinance No. 985 - an Ordinance Appropriating Additional Sums of Money to Defray Expenses in Excess of Amounts Budgeted for the City of Burlington,  Colorado for the 2023 Budget Year, Tourism and Promotional Fund. Motion by McNerney and second from Hernandez to approye/Ordinance 985.  Motion passed unanimously. Mireles: Absent Velasco: Aye  McNerney: Aye Marciniak: Absent  Hernandez: Aye Schultz: Aye  B. Consider approving Ordinance No. 986 - an Ordinance Appropriating Additional Sums of Money to Defray Expenses in Excess of Amounts Budgeted for the City of Burlington,  Colorado for the 2023 Budget Year, Solid Waste Fund. Motion by Velasco and second from McNerney to approve Ordinance 986.  Motion passed unanimously. Mireles: Absent Velasco: Aye  McNemey:Aye Marciniak: Absent  Hernandez: Aye Schultz: Aye  C.A Approve Mayor's signature on the Agreement for Professional Services with JVA Inc. Motion by Schultz and second from Velasco to approve Mayor's signature on the agreement for Professional Services with. JVA Inc. regarding the wastewater treatment facility.  regarding the wastewater treatment façility.  Motion passedunanimously. Mireles: Absent Velasco: Aye  McNerney: Aye Marciniak: Absent  Hernandez: Aye Schultz: Aye  10. Reports from city departments Reports were in the packets. 11. Reports from council,  Mayor Swiatkowski thanked city crews for a great jobo ofremoving the "icebergs" around town. Schultz asked about the status ofthe park rules signs. Keehne indicated that the signs need printed Hernandez indicated Melia's video about the airport was awesome and asked when the flight simulator hours were available. Melia stated hours are available most anytime. Velasco asked about the utility pole in the old Safeway parking lot. Konecne stated the pole was  $  and installed this spring.  on private property.  3    12. Adjournment  Withamotion by McNerney, a second from Velasco, and a unanimous vote, ther meeting adjourned  at 7:18 p.m.  Greg Swiatkowski, Mayor  ATTEST:  Georgia Gilley. City Clerk    Annexation Process - Maverick: Store # 0476-Burlington, Colorado  On February 6, 2024, David Pendleton, PE, Olsson Project Manager submitted a Petition For Annexation on behalf ofH& K, Inc (Petitioner), petitioning the City of Burlington for annexation to the Cityof  Burlington the unincorporated territory described. as:  A1 tract of land located in the Northwest Quarter (NW1/4) of Section One (1), Township Nine (9) South, Range Forty-four (44) West of the Sixth Principal Meridian, Kit Carson County, Colorado, Commencing at the West Quarter Section corner of the above described Section One (1); Thence NO 0'23'W. along the West line of said Section One (1), 475 feet; Thence East 100 feet to the intersection of the east right of way of Highway #385 with the North right of way line of Highway #I-70, which point being of I-70 Highway; Thence N 0°23' W., 50 feet to the true point of the beginning; Thence N 0°23' W., 628.75 feet; Thence N 89°48' W., 701 feet to the point of beginning,  described as follows:  County of Kit Carson, State of Colorado.  And to hereby by known as Maverick! Store #0476, and to concurrently zone area as Highway  Commercial use (C-2).  The petition for annexation complies with Section 30, Article IIS State of Colorado Constitution, and C.R.S. The City Council shall hold a Public Hearing at 6:30 P.M. on February 26, 2024 at Burlington Community and Education Center, Room A, 3405. 14th Street, Burlington, Colorado, to consider proposed changes to the existing zoning map, boundaries of zoning district, and City of Burlington boundary changes. A! Public Hearing will be held to hear testimony and receive evidence from property owners within the affected area (500 foot from property to annex boundary). Any other person may appear at the Public Hearing and present evidence and testimony upon any matter considered by the City Council. All petitions and protests may be filed in writing with the City Clerk's Office, 415 15th Street, Burlington, CO  31-12-104 complying with eligibility standards for annexation.  by February23,: 2024.  After public hearing, Council may vote to support or deny Petitioners Proposal.  Attached for your review are:  Letter from Olsson Project Manager Annexation Report Petition For Annexation Annexation Information Sheet Planning Process Application Fact Sheet Goals and Objectives of Proposed Annexation Form Phase 1 environmental Impact Study- - Executive Summary Building Permit Application Site Plan for Build Out  Section 30, Article II State of Colorado Constitution    No unincorporated area may be annexed to a municipality unless one ofthe following (a) The question of annexation has been submitted to the vote of the landowners: and the registered electors in the area proposed to be annexed, and the majority of such persons (b) The annexing municipality has received a petition fort the annexation of such area signedby persons comprising more than fifty percent of thearea, excluding public streets, and alleyd (c) The areai is entirely surrounded by or is solely owned by the annexing municipality.  conditions first has been meti  voting on the question have voted for the annexation: or and any land owned by the annexing municipality:o  R.S. 31-12-104 Eligibility for Annexation  1)No unincorporated area may be annexed toa municipality unless one of the conditions setforthin ection 30 (1)ofarticle Ho ofthe state constitution has been met. Ana area is eligible fora annexation ifthe provisions of section 30 ofarticle II oft the state constitution have been complied withand the governing  body, ata hearing provided in section 31-12-109, finds and determines!  Not lessthan 1/6" ofthe perimeter ofthe area proposed to be annexed is contiguous with the annexing municipality Contiguity shall not be affected by the existence ofa platted street or alley, a public or private right of way, a public or private right of way, a public or private transportation right of way or area, public lands, whether owned by the state, United States, or an agency thereof, except county owned open space, or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements imposed by section 31-12-105 (1)(e), contiguity may be established by the annexation of one or more parcels ina a series, which annexations may be completed simultaneously: and considered together for the purposes of the public hearing and b)That a community ofi interest exists between the area to be annexed and the annexing municipality! that said areai is urban or willl be urbanized in the near future; and that said areai is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of this subsection (1) shall be basis for at finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing provided for, finds that at least two of the following are shown to exist:  the annexation impact report.  () Less than 50% of the adult residents of the area proposed to be annexed make use of part or all oft the following types of facilities oft the annexing municipality: Recreational, civic, social, religious, industrial, or commercial: and less than 25% of said adult residents are employed in the annexing municipality. If there are no adult residents at (II) 1/2 ofn more oft the land owners of the landi in the proposed area to be annexed (including Streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agricultural use for a period of not  the time of the hearing, this standard shall not apply.  less than 5 years.    (III) Iti is not physically practical to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all ofi its citizens on the same terms and conditions as such services are made available to such citizens. This shall not apply to the extent that any portion of an area proposed tol be annexed is provided or will within the reasonable near future be provided with any service by or  throughaq quasi-municipal corporation.  (a The contiguityrequired by paragraph (a) of subsection (1)ofthis section may not be established byuse ofanyb boundaryofan area which was previously annexed to the annexing municipalityit the area, atthe time of its annexation, was notcontiguous at anypoint with the boundaryo ofthg annexing municipality was not otherwise in compliance with paragraph (a)ofsubsection (1)ol this section, and waslocated more than 3miles from the nearest boundary or the annexing municipality, normay Such contiguity be established by use of any boundaryo oft territorywhichs subsequently annexed directly to, or which is indirectly connected through subsequent (b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12-102 and the limitations oft this article, any annexation which uses any boundary in violation of this subsection (2) may be declared by a court of competent jurisdiction to be void (c) contiguity is hereby declared to be a fundamental element in any annexation, and this subsection (2) shall noti in any wayl be construed as having the effect ofl legitimizing in any way  annexationsto, Such anarea  ab initio in addition to other remedies which may be provided.  any noncontiguous annexation.  7    Public Notice City of Burlington Kit Carson County State of Colorado  NOTICE IS HEREBY GIVEN the City Council of Burlington, acting as the Planning and Zoning Commission has received a petition for annexation to the City of Burlington the unincorporated territory described  as:  A tract of land located in the Northwest Quarter (NW1/4) of Section One (1), Township Nine (9) South, Range Forty-four (44) West of the Sixth Principal Meridian, Kit Carson County, Colorado, Commencing at the West Quarter Section corner of the above described Section One (1); Thence NO*23'W. along the West line of said Section One (1), 475 feet; Thence East 100 feet to the intersection of the east right of way of Highway #385 with the North right of way line of Highway #I-70, which point being of 1-70 Highway; Thence N 0°23' W., 50 feet to the true point of the beginning; Thence NO 0°23'W., 628.751 feet; Thence N 89°48' W., 701 feet to the point of beginning,  described as follows:  County of Kit Carson, State of Colorado.  And to hereby be known as Maverick Store #0476, and to concurrently zone area as Highway  Commercial use (C-2).  The petition for annexation complies with Section 30, Article II State of Colorado Constitution, and C.R.S. The City Council shall hold a Public Hearing at 6:30 P.M. on February 26, 2024 at Burlington Community and Education Center, Room A, 340S. 14ts Street, Burlington, Colorado, to consider proposed changes to the existing zoning map, boundaries of zoning district, and City of Burlington boundary changes. Any person may appear at the Public Hearing and present evidence and testimony upon any matter considered by the Planning and Zoning Commission. All petitions and protests may be filed in writing  31-12-104 complying with eligibility standards for annexation.  with the City Clerk's Office, 41515th Street, Burlington, CO by February 23,2024.    NVIJBLISN NOIIVX3NNV 3V5AMTEISHOON 0ONOI9NTAN8-9LO:  SNOISIAT  WIH3AUW  uossio  000000000000008090908008098   e nee aS  9    RESOLUTIONZ02401  STATE OF COLORADO) County of Kit Carson  RESOLUTION OF THE CITY COUNCIL )ss. OF THE CITY OF BURLINGTONAN THE COUNTY OF KIFCARSON, STATE OF COLORADO  )  A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR. ANNEXATIONAO THE CITYOF BURLINGTON1 THE UNINCORPORATED TERRITORY KNOWN AS MAVERICK STORE #0476 AND THATTHE UNINCORPORATED TERRITORYI IS ELIGIBLE FOR ANNEXATION,  ANDTO: SETI DATE OF PUBDIC HEARING.  WHEREAS, the City Courcil of the City ofl Burlington has determined  that the Petition for Annexetion of Maverick Store #0476 complies with Section 30, Article II,  (1)(b) oft the State of Colorado Constitution, and  WHEREAS, the Cily Council of the City of Burlington has determined  that the unincorporated territory knowh as Maverick Store #0476 is eligible for annexation and  complies with Colorado Revised Statutes 32-12-104 (1)(a)(b), and  NOWTHEREFORE, ITIS RESOLVED by the City Council of the City of  Burlington that the City Council ofBurlington shall hold a Public Hearing at 6:301 P.M.. .on February 26,2024 at the Burlington Community and Education Center, Room A, 340 S. 14h Street, Burlington, Colorado, to consider the annexation of property into the City of Burlington, changing the boundaries ofthe incorporated limits of the City of Burlington.  ADOPTED at Burlington, Colorado, this 12th day of February, 2024.  CITY COUNCIL OF BURLINGTON  SIGNED  Greg Swiatkowski, Mayor  ATTEST  Georgia Gilley, Clerk  10    CLERK'S CERTIFICATE  STATE OF COLORADO ) County of Kit Carson  )ss. )  That I, Georgia Gilley, the official City Clerk ofthe City of Burlington, do by these presents say that the foregoing Resolution was authorized and adopted by the City Council ofthe  City ofBurlington on the 12th day of February, 2024.  DATED this 12th day of February. 2024.  Georgia Gilley, City Clerk  [SEAL]  STATE OF COLORADO ) County of Kit Carson  )ss. )  a Notary Public in and for the County of Kit Carson in the  State ofColorado, do hereby certify that Greg Swiatkowski, Mayor oft the City of Burlington in the County of] Kit Carson in the State of Colorado, who is personally known to me to be the person whose name is subscribed to the foregoing Resolution, appearing before me this day in person, acknowledged that he signed, executed, sealed and delivered the said instrument in writing as his free and voluntary act and deed as such Mayor and as the free and voluntary act of the City of Burlington in the County ofK Kit Carson in the State of Colorado, for the uses and  purposes therein set forth.  Given under my hand and notarial seal this 12th Day of February, 2024.  [SEAL]  Notary Public  My Commission Expires:  11    Annexation Process -TA1 Travel Center Addition - Burlington, Colorado  On. January29, 2024, Mandy Madrid, Reeve & Associates, Inc. Project Assistant submitted al Petition For Annexation on behalf of Paul Dwyer (Petitioner), petitioning the City of Burlington for annexation to the  City of Burlington the unincorporated territory described as:  A1 tract of land situate in the Southeast Quarter of Section 2, Township9 South, Rang 44 West of the 6th Principal Meridian, Kit Carson County, Colorado and being more particularly described as Commencing at the Southeast Corner ofs said Section 2; Thence S8 87°59'16" W alongt the southerly line of the Southeast Quarter of said Section 2a distance of 50.001 feet to a point on the westerly right-of-way of U.S. Highway 385 and the True Point of Beginning; Thence S 87°59'16" W along said southerly line of the Southeast Quarter a distance of 550 feet; Thence N 02°40'6" W a distance of 1133.16 feet to a point of non-tangent curvature; Thence along the arc oft the curve to the left a distance of 68.71 feet, said curve having a central angle of 03°38'48", a radius of 1079.51 feet, the chord of which bears N 05'42'06" Ea distance of6 68.70 feet to a point on the extension of the southerly line of that tract of land described in document filed for record as Reception No. 200800550712 of the Kit Carson County, Colorado records; Thence N 87°20'00" E along said southerly line and the extension thereof a distance of 540.00 feet to the Southeast Corner of said tract and a point on the westerly right-of-way of U.S. Highway 385; Thence S 02°40'00" E along said westerly highway right-of-way a distance of1 1207.41 feet to the point of beginning, described parcel containing 15.20 acres more or less, as shown on that survey plat recorded December 16, 2015 at Document No. 570294 and in Plat Book 10 at page 51 oft the Kit  follows:  Carson County, Colorado records.  And to hereby by known as TATravel Center Addition, and to concurrently zone area as Highway The petition for annexation complies with Section 30, Article II State of Colorado Constitution, and C.R.S. The City Council shall hold al Public Hearing at 6:30 P.M. on XXXXXXXXX at Burlington Community and Education Center, Room A, 3405. 14th Street, Burlington, Colorado, to consider proposed changes to the existing zoning map, boundaries of zoning district, and City of Burlington boundary changes. AP Public Hearing will be held to hear testimony and receive evidence from property owners within the affected area (5001 foot from property to annex boundary). Any other person may appear at the Public Hearing and present evidence and testimony upon any matter considered by the City Council. All petitions and protests may be filed in writing with the City Clerk's Office, 415 15th Street, Burlington, CO  Commercial use (C-2).  31-12-104 complying with eligibility standards for annexation.  byXXXXXXXX, 2024.  After public hearing, Council may vote to support or deny Petitioners Proposal.  Attached for your review are:  Annexation Application Submittal Petition For Annexation Annexation Information Sheet  12    Planning Process Application Fact Sheet Goals and Objectives of Proposed Annexation Form Phase 1 environmental Impact Study - Executive Summary  Utility Impact Letters Annexation Site Map Building Permit Application Site Plan for Build Out  section 30, Article MState of Colorado Constitutionf  Nou unincorporated; area may be annexed to a municipality unless one ofthe followind (a) The question of annexation has been submitted to the vote of the landowners and the registered electors in the area proposed to be annexed, and the majority of such persons The annexing municipality has received a petition forthe annexation of such area signed by persons comprising more than fifty percent tof thearea, excluding public streets, and alleys (c) The area is entirely surrounded by or is solely owned by the annexing municipality.  conditions first has beenn met]  voting on the question have voted for the annexation: or and any land owned by the annexing municipality:of  R.S. 31-12-104 Eligibility forAnnexation  1)No unincorporated area may be annexed toa municipality unless one ofthe conditions set forthin section 30 (1)ofarticle Il of the state constitution has been met. An area is eligible forannexation fthe provisions of section 30 ofarticle Ilo oft the state constitution have been complied with and the governing  pody, atal hearing provided ins section 31-12-109 finds and determines!  )Not lessthan1/6" ofthe perimeter of thearea proposed to be annexedi is contiguous with the annexing municipality Contiguity shall not be affected by the existence of a platted street or alley, a public or private right of way, a public or private right of way, a public or private transportation right of way or area, public lands, whether owned by the: state, United States, or an agency thereof, except county owned open space, oral lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements imposed by section. 31-12-105 (1)(e), contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together fori the purposes of the public hearing and (bThata community ofi interest exists between thearea to be annexed and the annexing municipality! that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) oft this subsection (1) shall be basis for at finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing provided for, finds that at least two of the following are shown to exist:  the annexation impact report.  13    (1) Less than! 50% of the adult residents of the area proposed to be annexed make use of part ora all of thet following types of facilities of the annexing municipality: Recreational, civic, social, religious, industrial, or commercial: and less than 25% of said adult residents are employed in the annexing municipality. If there are no adult residents at (I): 1/2 of more of the land owners oft the land in the proposed area to be annexed (including Streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agricultural use for a period ofr not (II) It is not physically practical to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens ont the same terms and conditions as such services are made available to such citizens. This shall not apply to the extent that any portion of an area proposed to be annexed is provided or will within the reasonable near future be provided with any service by or The contiguity required by paragraph (a)ofs subsection (1)oft this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipalityi the area, at the time ofitsannexation, was not contiguous at any point witht the boundary ofthe annexing municipality was not otherwise in compliance with paragraph (a) of subsection (1)of this section, and was located more than3 miles from the nearest boundary or the annexing municipality, nor may such contiguity be established by use of any boundary oft territory whichis subsequently annexed directly to, or which is indirectly connected throughs subsequen! (b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12-102 and the limitations of this article, any annexation which uses any boundary in violation of this subsection (2) may be declared by a court of competent jurisdiction to be void (c)contiguityi is hereby declared to be ai fundamental element in any annexation, and this subsection (2) shall noti in any way be construed as having the effect of legitimizing in any way  the time of the hearing, this standard shall not apply.  less than! 5 years.  through ac quasi-municipal corporation.  annexations to, such ana area,  ab initio in addition to other remedies which may be provided.  any noncontiguous annexation.  14    Public Notice City of Burlington Kit Carson County State of Colorado  NOTICE IS HEREBY GIVEN the City Council of the City of Burlington has received a petition for annexation  toi the City of Burlington the unincorporated territory described as:  A tract of land situate in the Southeast Quarter of Section 2, Township9 South, Rang 44 West of the 6th Principal Meridian, Kit Carson County, Colorado and being more particularly described as Commencing at the Southeast Corner ofs said Section. 2; Thence S8 87°59'16" W along the: southerly line oft the Southeast Quarter of said Section 2 a distance of 50.001 feet to a point on the westerly right-of-way of U.S. Highway 385 and the True Point of Beginning; Thence S 87'59'16" W along said southerly line of the Southeast Quarter a distance of 550 feet; Thence N 02°40'6" W a distance of1133.161 feet to a point of non-tangent curvature; Thence along the arc of the curve to the left a distance of 68.71 feet, said curve having a central angle of 03°38'48", a radius of 1079.51 feet, the chord of which bears NO5-42'06'Eac distance of 68.70 feet to a point on the extension of the southerly line of that tract of land described in document filed for record as Reception No. 200800550712 of the Kit Carson County, Colorado records; Thence N 87°20'00" E along said southerly line and the extension thereof a distance of 540.00 feet to the Southeast Corner of said tract and a point on the westerly right-of-way of U.S. Highway 385; Thence S 02°40'00" Ea along said westerly highway right-of-way: a distance of1207.411 feet to the point of beginning, described parcel containing 15.20 acres more or less, as shown on that survey plat recorded December 16, 2015 at Document No. 570294 and in Plat Book 10 at page 51 of the Kit  follows:  Carson County, Colorado records.  And to hereby by known as TA Travel Center Addition, and to concurrently zone area as Highway The petition for annexation complies with Section 30, Article II State of Colorado Constitution, (1) No unincorporated area may be annexed to a municipality unless one of thei following conditions first has (b) The annexing municipality has received a petition for the annexation ofs such area signed by persons comprising more than fifty percent oft the area, excluding public streets, and alleys and  Commercial use (C-2).  been met:  any land owned by the annexing municipality; And C.R.S. 31-12-104 Eligibility for Annexation  (1) No unincorporated area may be annexed to a municipality unless one of the conditions set forth in section 30 (1) of article Il of the state constitution has been met. An area is eligible for annexation if the provisions ofs section 30 of article Il of the state constitution have been complied with and the governing (a) Not less than 1/6th oft the perimeter oft the area proposed to be annexed is contiguous with  body, at al hearing provided in section 31-12-109, finds and determines:  the annexing municipality;  15    (b) That a community of interest exists between the areai to be annexed and the annexing (2)(a) The contiguity required by paragraph (a) of subsection (1) of this section may not be established by use ofany boundary of an area which was previously annexed to the annexing municipality if the area, at thet time ofi its annexation, was not contiguous at any point with the boundary of the annexing municipality, was not otherwise in compliance with paragraph (a) of subsection (1)o of this section, and was located more than 3 miles from the nearest boundary or the annexing municipality, nor may such contiguity be established by use of any boundary oft territory whichi is subsequently annexed directly to, or which is indirectly connected through subsequent  municipality;  annexations to, such an: area.  The City Council of Burlington shall hold al Public Hearing  Any person may appear ati the Public Hearing and present evidence and testimony upon any matter considered by the Planning and Zoning Commission. All petitions and protests may be filed in writing  with the City Clerk's Office, 415 15th Street, Burlington, CO by) XXXXXXXX, 2024.  16    RESOLUTION: 2024-02  STATE OF COLORADO ) County ofKit Carson  RESOLUTION OF THE CITY COUNCIL )ss. OF THE CITY OF BURLINGTONIN THE COUNTY OF KIT CARSON, STATE OF COLORADO  )  Al RESOLUTION FINDING SUBSTANTIAL COMPLIANCEOF AN ANNEXATION PETITION FOR ANNEXATION TO THE CITY OPBURLINGTONTHE UNINCORPORATED TERRITORY KNOWN ASTA TRAVEL CENTER ADDITION AND THAT THE UNINCORPORATED TERRITORY IS ELIGIBLE FOR ANNEXATION, AND TO SET DATE OFPUBLIC HEARING. WHEREAS, the City Council of the CityofE Buflington has determined  that the Petition for Annexation ofTA TravelCenter Additton.complies with Section 30, Article  II, (1)(b) ofthe State of Colorado Constitution, and  WHEREAS, the City Council'ofthe ityfBurlingtoh.bas determined  that the unincorporated territory known as TA Travel Center Addition is eligible for annexation  and complies with Colorado Revised Statutes 32-12-104 (1)(a)(b), and  NOW THEREFORE, IT IS RESOLVED by the City Council of the City of  Burlington that the City Council of Burlington shall hold a Public Hearing at 6:30 P.M., on XXXXXXX, 2024at the Burlington Community and Education Center, Room A, 340 S. 14th Street, Burlington, Colorado, to consider the annexation of property into the City of Burlington,  changing the boundaries ofthei incorporated limits of the City ofl Burlington.  ADOPTED at Burlington, Colorado, this XX day of February. 2024.  CITY COUNCIL OF BURLINGTON  SIGNED  Greg Swiatkowski, Mayor  ATTEST  Georgia Gilley, Clerk  17    CLERK'S CERTIFICATE  STATE OF COLORADO ) County of Kit Carson  )ss. )  That I, Georgia Gilley, the official City Clerk oft the City of Burlington, do by these presents say that the foregoing Resolution was authorized and adopted by the City Council of the  City of Burlington on the XXday of February, 2024.  DATED this XXday of February, 2024.  Georgia Gilley, City Clerk  [SEAL]  STATE OF COLORADO ) County ofl Kit Carson  )ss. )  I,  al Notary Public in and for the County of Kit Carson in the  State of Colorado, do hereby certify that Greg Swiatkowski, Mayor of the City of Burlington in the County ofl Kit Carson in the State of Colorado, who is] personally known to me to be the person whose name is subscribed to the foregoing Resolution, appearing before me this day in person, acknowledged that he signed, executed, sealed and delivered the said instrument in writing as his free and voluntary act and deed as such Mayor and as the free and voluntary act of the City of Burlington in the County of Kit Carson in the State of Colorado, for the uses and  purposes therein set forth.  Given under my hand and notarial seal this XX Day of] February, 2024.  SEAL]  Notary Public  My Commission Expires:  18    Public Notice City of Burlington Kit Carson County State of Colorado  NOTICE IS HEREBY GIVEN the City Council of Burlington, acting as the Planning and Zoning Commission has received a petition for annexation to the City of Burlington the unincorporated territory described  as:  A tract of land situate in the Southeast Quarter of Section 2, Township9 South, Rang 44 West of the 6th Principal Meridian, Kit Carson County, Colorado and being more particularly described as Commencing at the Southeast Corner of said Section 2; Thence S87°59'16" W: along the southerly line oft the! Southeast Quarter of said Section 2 a distance of 50.00 feet to a point on the westerly right-of-way of U.S. Highway 385 and the True Point of Beginning; Thence S 87°59'16" W along said southerly line of the Southeast Quarter a distance of 550 feet; Thence N 02°40'6" Wa distance of 1133.16 feet to a point of non-tangent curvature; Thence along the arc of the curve to the left a distance of 68.71 feet, said curve having a central angle of 03°38'48", a radius of 1079.51 feet, the chord of which bears NO 0542'06" Ea distance of 68.70 feet to a point on the extension of the southerly line of that tract of land described in document filed for record as Reception No. 200800550712 of the Kit Carson County, Colorado records; Thence N 87'20'00" E along said southerly line and the extension thereof a distance of 540.00 feet to the Southeast Corner of said tract and a point on the westerly right-of-way of U.S. Highway 385; Thence S 02°40'00" E along said westerly highway right-of-way a distance of 1207.41 feet to the point of beginning, described parcel containing 15.20 acres more or less, as shown on that survey plat recorded December 16, 2015 at Document No. 570294 and in Plat Book 10 at page 51 of the Kit The petition for annexation complies with Section 30, Article II State of Colorado Constitution, and C.R.S. The City Council shall hold a Public Hearing at 6:30 P.M. on XXXXXX, 2024 at Burlington Community and Education Center, Room A, 340S. 14th Street, Burlington, Colorado, to consider proposed changes to the existing zoning map, boundaries of zoning district, and City of Burlington boundary changes. Any person may appear at the Public Hearing and present evidence and testimony upon any matter considered by the Planning and Zoning Commission. All petitions and protests may be filed in writing  follows:  Carson County, Colorado records.  31-12-104 complying with eligibility standards forannexation.  with the City Clerk's Office, 415: 15th Street, Burlington, CO by XXXXXXX, 2024.  19    COLORADO SINCE 1888  February 12, 2024  City Administrator's Summary Report  January 29 -February 12, 2024  Administration  Budget-2024  AlI budget documents submitted to the State were accepted and approved by DOLA.  Burlington Housing Authority  Burlington's 2024 budget, adopted December 11, 2023, provided for funding of $36,000 for insuring all buildings under Housing Authority management. As previously stated, Ihave been working with CIRSA to provide a quote for property and liability insurance for the Authority. These funds will be reimbursed to the Cityt through the Authority. CIRSA has provided a cost to provide property and liability coverage for all structures within the Burlington Housing Authority at an annual rate of$15,832.05, or 20% of the $81,000 paid previously. This number is less than half of what was in the 2024 budget. The Burlington Housing Authoritys structureshave! been added to the City'spolicywith CIRSA. Thel Housing Authontywilremburse Timing for the placement of Housing Authority employees under the city's compensation system will be when a new Executive Director has been hired, at which time all employees will be placed on the city's During the. January 2nd, 2024, board meeting, position announcement information was finalized and has been published at this time. At the February 6th meeting, the Board received two applications for the position. Applications are under review and interviews will take place this week. By the end of the week,  the city for these expenses.  system.  wel hope to have a new Executive Director in place.  Comprehensive Planning  RICK Planning and design has signed the Independent Contractor Agreement To engage with the City of Burlingtoni in the development andi implementationofa Comprehensive Pan.AKckOffmeeting: between RICK and City Staff was held Wednesday, January 24th. Discussion centered around the purpose of a comprehensive plan, scheduling of plan development, scope of work and areas included in the comprehensive plan, input from staff as to deliverable expectations, datal list needed by RICK, community engagement, and development of a steering committee. The RICK team and Iwill be meeting weekly to Over the last couple of weeks, Staff has prepared and submitted all requests to RICK for review. Additionally, as steering Committee has been developed with contact information for all provided toR RICK.  discuss progress and process.  20    The Steering Committee is comprised of 9 members, representing different facets of the community. RICK isd developing: a calendar forwhen first meeting will take place with the goal of sometime int the nextcouple As a reminder, grant funds awarded are $125,000.. As this is a 50/50g grant, our match willl be $125,000, or  of weeks.  half the cost of the entire project which has been budgeted for 2024.  2024 Street Project  On October 24"h met with Basis Partners to begin planning work for 2024 Street Project that will include:  Webster Avenue - gth Street to Lincoln Street  Fay Street - Lincoln Street East to Mike Lounge Drive (including Intersection)  Frank Street Alley design  Basis Partner'sis finalizing all plans for the project att this time and met with the City Administrator on February 2nd where plan documents were finalized. The administrator is developing bid specifications from plans and  will post on BidNet before March 01, 2024.  The following is the preliminary timeline fori the 2024 Street Project:  Site visit to assess total project Bid Package Deliverables Finalized Post with BidNet Direct Project Out to Bid Bid Due Bid Award Signed Contract due Start Date Concrete End Date- Concrete Start Date - Asphalt End Date - Asphalt Begin Striping Finished striping Project Completion Final Payout to include retention ntergovernmental/upcoming Events  October 24, 2023 February 9, 2024 March 01, 2024 March 01, 2024 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD  Completed Completed Completed  Preliminary design package to city for review February 2, 2024  Management Team Meeting- - In Person at Community Building - Wednesdays 2:00P.M. Comprehensive Plan Meeting - Teams Meeting - Tuesdays 9:00AM Basis Partners-F Preliminary Design Package and Review - Friday, February 2nd- - Colo Spgs Burlington Housing Authority Board Meeting, February 06, 2024, 11:30AM Council Meeting, February 12, 2024, 6:30 PM, Room A Community and Education Center  21    CML Legislative Worasnop-Thursday, February: 15th. Denver CCCMA Regional Meeting - Thursday, February 22nd-A Akron CML Executive Board Meeting - Friday, February231d-1 Denver  22    . hD COLORADO SINCE 1888  To: From: Date:  City council members Georgia Gilley, Clerk February 12, 2024  My focus continues to be on coordinating the 2024 municipal election coming up Council candidate names were drawn to determine the order the names would be plaçed on the ballot. The drawing of names out of the box was done by bystander Melissa Villa and witnessed by Utility Clerk Ashley Gutierrez and candidate Adrian The city clerk coordinates the election, but the election is run by election judges who are members of our community. I will have a list of election judges at the next With spring and summer approaching, department heads are anticipating the hiring ofseasonal staff. We are updating the employee onboarding documents for the 2024 A resident is interested in opening a home business in a residential area but is having trouble finding neighbors at home to seek approval. If the petition comes in, a 10-  Tuesday, April 2.  Hernandez.  meeting for your review.  season.  day public notice will be given, and a public hearing will be set.  23    Public Works Report 2-12-2024  Water/Wastewater Department  Daily chores consisting of well checks, chlorine residual at blending plant, nitrate level at the blending plant. Chlorine residual, ph, temperature, and cleaning the bar screen. First of month samples for both water and wastewater. Was informed of a water leak at the Autum Park Apartments, repaired service line with minimal interruption to the apartment complex. Received a new Scada computer and  seti it up, everything is running ok. Parks Department  Cleaned bathroom in the parks. Performed vehicle maintenance. Assisted with the setup and  takedown of the No-Till Conference held at the community! building and Old Town.  Street Department  Maintenance on the loader and back-hoe. Bladed ai few alleys that were rutted because of the  moisture we received recently. Cleaned storm drains. Patched some pot holes.  Electric Department  Replaced several streetlights on Webster. Changed out a red tagged pole on Martin Ave. Had bucket trucks and hot sticks dielectrically tested. Maintenance on the F-550 bucket truck. Restocked  bucket trucks withi fuses, connectors, ect.  24