TOWN OF MONUMENT
MINUTES OF THE BOARD OF TRUSTEES
Monday, April 25, 2000
6:30 P.M. BOARD OF TRUSTEES SPECIAL MEETING
Mayor Leon Tenney called the Special Meeting of the Board of Trustees of the Town of Monument, El Paso County, Colorado, to order at 6:30 P.M. Tuesday, April 25, 2000 at the Town Hall.
At the call of the roll, the following were in attendance:
Those Absent:
Also Present:
CALL TO ORDER
ROLL CALL
EXECUTIVE SESSION
Trustee Wilcox moved to go into Executive Session to receive legal advice from the Town Attorney; seconded by Trustee Schutz. Trustee Smith questioned whether the discussion for Executive Session regards only the moratorium and Mayor Tenney responded that it will regard legal issues. Trustee Morgan questioned whether these legal issues must be discussed in Executive Session and Mayor Tenney affirmed that this was the case. The motion to go into Executive Session passed unanimously.
The Board reconvened from Executive Session at 7:40 P.M. and Mayor Tenney continued with the agenda.
Consideration of Revising the Moratorium Ordinance
Mayor Tenney stated that in Executive Session, the Board discussed the legal implications of the moratorium with the Town Attorney, Gary L. Shupp.
Mayor Tenney opened the discussion to the public for input to address the pros/cons of the moratorium prior to the Board's decision regarding amending the 90-day Moratorium Ordinance. There was no public input at this point.
According to Mayor Tenney, the Board does not desire to single out any particular group or developer with said moratorium, but would like to keep the moratorium in place for both the Board of Trustees and the Planning Commission. Mayor Tenney also stated that the Board has agreed to create a 'loophole' in the system and that Town Attorney Shupp would explain this.
According to Shupp, the Board has agreed that should an applicant have a specific reason for which their project has vested rights and should not be subject to the moratorium, they or their legal representative could directly contact Shupp at (719) 634-4435. Shupp would review the situation and ascertain whether that particular project should not be subject to the moratorium. All other projects would be subject to the moratorium for 90 days (including both Board of Trustees and Planning Commission hearings.) Shupp further stated that the Board anticipates developing a growth management plan during this time.
Mayor Tenney announced that all scheduled public hearings (i.e., the ones for May 1, May 3 and May 15) are cancelled, and he suggested that Rick Sonnenburg, Town Manager contact the Planning Commission to determine whether or not they wish to hold the May 3 meeting.
There being no further business, at 7:43 p.m. Trustee Schutz moved to adjourn the meeting of the Board of Trustees; seconded by Trustee Wilcox.
John Buckley, legal representative for RBJ Enterprises requested an explanation from the Board regarding their decision on the moratorium. Mayor Tenney responded that when he asked for comments from the public earlier in the meeting, there were none. According to Mayor Tenney, a considerable number of justifications for the moratorium were included in Ordinance No. 4-2000 which was passed at the April 17, 2000 Board meeting. There was no public input and based on the Town Attorney's legal advice, the Board decided to keep the moratorium in effect.
Mayor Tenney opened the discussion to the public for input once again.
Doug Stemple questioned whether the growth management process would be a public process, and Mayor Tenney responded that the Board would hold a Special Meeting in mid-May to consider the planning process and at that time the public could give their input. According to Mayor Tenney, there should be no change in requirements to developers but rather a change in the review process in order to perform a more thorough review for the developer, saving money for both the developer and the community.
Rudy Beiller of RBJ Enterprises stated that his project was approved unanimously by the Planning Commission last week and this move now halts his development process. According to Beiller, he invested a fortune in the subject property and the moratorium would stop his bank from lending him the money required to close on the property, thus possibly causing him to lose the property. Beiller asked what could legally be done in his situation. Mayor Tenney informed Beiller that he could discuss his situation with Shupp, and Shupp would then share such information with the Board for an ultimate decision.
Dave Alden questioned Mayor Tenney whether the Board plans to have a growth management plan in place within 90 days and Mayor Tenney responded that the Board has no definite plan at this time and would like to gather input from the community regarding such a plan.
Erin Thornton asked whether an individual who is building his/her own house would need to wait 90 days before continuing the construction of the house. Mayor Tenney responded that plans that have already been approved by the Board would continue in their process, but there would be no new building projects started in the next 90 days.
The Board voted on the motion to adjourn at 7:52 P.M. and the motion passed unanimously.
Respectfully submitted,
Audrey Auer
Town Clerk