6:30 P.M. BOARD OF TRUSTEES SPECIAL MEETING

Mayor Marlin Sibell 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. on Monday, February 28, 2000 at the Grace Best Elementary School Cafeteria, 66 Jefferson Street, Monument, Colorado 80132.

CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE

Public Hearing: Final PD Site Plan – Transit Mix Subdivision on North Washington Street

Applicant: Transit Mix Concrete Company

Mayor Sibell informed the audience that public hearings before the Board of Trustees are quasi-judicial, and public demonstrations of all kinds are prohibited.

Patrick Mulready, Director of Planning and Community Development outlined some of the main points regarding the Final PD Site Plan application by Transit Mix Concrete Company. The site is on N. Washington Street, approximately 6 acres, and the applicant proposes to develop 2.87 acres of this site for a concrete batch facility. The site is currently zoned PHID (Planned Heavy Industrial Development.) Mulready further stated that access to the site would come from N. Washington Street, which is not a public right of way. State Highway 105, a Colorado Department of Transportation (CDOT)-owned right of way, is the public right of way to the N. Washington Street corridor and to this site. CDOT has issued an access permit to the applicant for the proposed use on this site, subject to 60 conditions. CDOT projects 40 vehicle trips entering or exiting the site per day upon opening, with four exiting the site during "peak" morning hour conditions, and three exiting and one entering the site during "peak" afternoon hour conditions. The applicant would be required to pave all access ways and parking areas, and to improve Washington Street to a Town right of way standard. Mulready further stated that on November 17, 1999 the Planning Commission for the Town of Monument conducted a public hearing on this matter, and the findings were as follows:

1. State Statute (25-7-101) prohibits local jurisdictions from regulating concrete and asphalt batch companies any more than state statute would require.

2. Technically, the applicant has met the minimum standards of development in the PHID Zone and "has exceeded these with a proposal to enclose their structures."

3. The Planning Commission recommended approval of this project, on a vote of 3-1 subject to nine conditions as outlined in the summary analysis.

Regarding water availability, Mulready stated that a study conducted in February of 1999 showed an availability of 6.3 acre-feet of water per year. However, Well No. 1 was incorrectly located on the State Engineer's Office map and after the well site was relocated, water rights were released back to the subject property, showing water availability at 8.2 acre-feet of water per year.

Shawn LaBonde of Black & Veatch discussed water availability to the site in greater detail. According to LaBonde, the current water availability to the site is 2.67 million gallons per year, with an allowable concrete production of 35,500 cubic yards (cy) per year. This clearly indicates that there is enough water available to meet the applicant's water needs, and if the applicant were to need additional water rights in the future, the applicant should be able to acquire such rights as well. The Town's water capacity can meet all of the Town's water needs and the proposed site's water needs (up to 42,000 cy per year.) Regarding the Wellhead Protection Plan, LaBonde informed the Board that Wells # 4 and 5 are much more susceptible to contamination by ground water whereas Well #7, the well closest to the proposed site is a deep well, about 1800 feet down and is relatively safe from surface exposure to contamination. The applicant would be required to safely contain anything on the site. In addition, LaBonde stated that there are allowances at the site to include items such as dust control, washdown of trucks, etc.

Next, Kelly Reilley of Black & Veatch discussed potential environmental issues with respect to the proposed project. According to Reilley, he received Material Safety Data Sheets (MSDS's) from Transit Mix that list Portland cement, limestone, sand (crystalline silica) and two different add mixtures (which include Rosen soap) for their concrete and concrete products. Crystalline silica is a known carcinogen and skin irritant which can cause a condition similar to asbestos, and Rosen soap is an eye and skin irritant. At the site, a very small amount of these dusts would be produced and therefore no chronic health effects are anticipated. The most serious health hazard would occur during the mixing of the concrete mix crystalline silica with dust.

Mayor Sibell then called on the proponent of the proposed project, Bob Brewster, of Transit Mix to give a presentation. Brewster stressed that he is here to deal with his proposed project (not with Trans Colorado Concrete's project), and should be judged on the merits of his proposal. He then proceeded to discuss the following items and issues:

A mining concept look would be given to the batch plant by building an enclosure around it (estimated at a couple hundred thousand dollars.) The landscaping plan was approved by the Town's Parks and Landscape Committee.

Regarding water, an 8-inch water line would be installed, attaching to existing water lines in Century Park and on Beacon Lite Road ($85,000.00 estimated cost.) Transit Mix would purchase the 6.1 acres of land on the west side of Washington Street to satisfy their operation's water availability requirements. The property would provide at least 8.2 acre-feet of water per year, satisfying Transit Mix's requirement of 75 gallons per cy of concrete initially, eventually reducing this figure to approximately 40 gallons per cy via recycling their wash water and storm wate,r as available. Black & Veatch's Demand Analysis stated that the proposed project would not adversely affect the Town's water supply and the additional water demands have been accounted for in the Town's Water Master Plan.

With respect to sewer and septic, the proposed project would be included in the Monument Sanitation District, but on a septic system until city sewer is available. The system would need approval from the Monument Sanitation District and the El Paso County Health Department. The estimated cost of a septic system is approximately $18,000.00.

Mountain View Electric (MVE) has given Transit Mix two options for electrical service to the site: run over existing lines (would need to add only two guide-wires at 5^th Street, estimated cost $65,000.00), or run underground electrical service (as required by Town Code Section 12.15.040, estimated cost $195,000.00.) Transit Mix requests that the Board give them permission to use the overhead option. Brewster also stated that distribution feeder lines are defined as 34,000 volts and below, transmission lines are 69,000 volts and above and Transit Mix's service requirements are approximately 12,500 volts, presenting no dangerous overhead high voltage lines.

Regarding Washington Street concerns, three feet of cut is necessary on the top of the hill to meet the proposed elevation. Transit Mix will pave Washington Street with either concrete or asphalt. Concerning drainage, the estimated cost of the upgrade necessary to Washington Street is between $150,000.00 - $200,000.00. Regarding a letter from Lewis-Palmer School District 38 citing the fact that in the last two years, Transit Mix trucks have had 37 safety violations involving their braking systems, Brewster affirmed that this was correct but most of these violations were minor and did not cause them to stop running the trucks. Brewster further stated that their trucks go through inspection many times per year whereas he does not feel that School District 38's buses have ever been checked. Regarding the access permit at the intersection of Highway 105 and Washington Street, CDOT has issued this permit to Transit Mix. Although many misleading statements have been made on this access permit, a traffic study prepared by Leigh, Scott & Cleary, Inc. (LSC,) and a letter by Jeff Hodsdon of LSC address the facts. For example, comments stating 370 truck trips per day were erroneous and traffic studies show them to be 300 per day. Transit Mix will not travel on Washington Street south on Highway 105. The line of sight distance from N. Washington through the railroad bridge was measured by CDOT at 614 feet rather than the stated 440 to 470 feet. In addition, Jackie Hall, Access Manager for CDOT wrote a letter establishing the facts relative to the TICOM comments. In example, TICOM stated that CDOT representatives stated they did not consider the multi-unit truck type in processing the access permit, but Hall responded that CDOT never stated this. Brewster further stated that he had heard concerns of the turning radius with a tractor trailer on Washington Street and he and Trustee Vankekerix performed turning radius tests with a 68' truck and found that the truck was able to satisfactorily make that turn and it did not obstruct downhill oncoming traffic. With respect to the Highway 105/Washington Street Intersection, Brewster stated there have been concerns about tearing up Town roads and pedestrian hazards, but Transit Mix would use Highway 105 to get to I-25. According to a letter from CDOT dated December 20, 1999, no traffic signal is needed at the Washington Street/Highway 105 intersection at this time (even though Transit Mix would have been willing to put in a signal.) Brewster then pointed out that regarding congestion at 3^rd Street and Highway 105, 3^rd Street congestion could have been eased considerably by extending 2^nd Street, and, regarding Struthers Road traffic, many trucks and vehicles turn off of Highway 105 onto Struthers Road daily. In reference to the safety issue near the site, Brewster informed the Board that Bill Simpson monitored the area on February 1, 2 and 3 and stated that he has not seen children picked up there by school buses. Also, Transit Mix trucks drive approximately 2 million miles per year and have had only two reportable accidents to CDOT in the past few years; therefore, they are not an unsafe company.

Brewster then discussed Environmental concerns. He stated that in order to control dust and damage to the street, Transit Mix will place a surface of asphalt or concrete on Washington Street. They will place a water line to the back of the aggregate storage area and three misting nozzles to prevent particulate material from blowing off their aggregate stock piles. They will pave the plant area with returned concrete within one year of the recording of the Subdivision Improvement Agreement. Transit Mix will also clean the plant area and Washington Street with their own street cleaning machine. Regarding concerns about harmful carcinogens from the batch plant, Brewster discussed a letter from Pamela Acre of Tuttle Appelgate, Inc., which addresses the Particulate Matter. Acre's letter indicates that 2% of the batch plant's emissions would escape uncontrolled into the atmosphere, which would equal approximately 0.44 pounds of particulate emissions per day; this is not a large enough amount to pose a significant health hazard.

Finally, Brewster gave closing comments, stating that the proposed land use distribution report will be prepared and submitted after the Board has approved their proposal. The Subdivision Improvement Agreement will be drafted with the Planning Staff's direction (if the Board approvals the proposal.) Transit Mix agrees to become a part of a Special Improvement District for improvements at Washington Street and Highway 105, but they wish to have other parties involved in this District. Transit Mix also wishes to work with existing landowners along north Washington Street on infrastructure costs. Transit now requests a "yes" vote from the Board to their proposal, along with the approval to provide their electric service via the "overhead" option.

Mayor Sibell thanked Brewster for his presentation. Town Attorney Jim Folkestad informed the Board that the signup sheet for public input has 35 signatures, and he suggested allowing a few more minutes for signup. Mayor Sibell called for a 5-minute break to allow for this.

Mayor Sibell brought the meeting back to order and opened it up for public comments. Mayor Sibell stated that each person would be allowed approximately 2.5 minutes to speak. The following is a list of those who spoke and the main points of what was said:

Ted Bauman, District 38 Superintendent voiced the District's opposition to the Transit Mix proposal, and their concerns of the safety of children walking to and from school or bus stops, Transit Mix vehicle safety, and potential traffic deficiencies at the corner of Washington Street and Highway 105. Bauman further stated that the District's buses do have regular safety inspections.

John Butler, 19735 Aries Drive, Columbine Hills voiced his support of the proposal, citing the 4^th and 5^th Amendments of the United States Constitution and stating that the owner of the proposed site is entitled to use the property for which it is legally zoned. Butler also questioned the consequences and liability to the Town should the Board deny this proposal.

Jim Culvin, 5515 Darion Way, Colorado Springs urged the Board to be impartial, and stated that there are no vested rights in existing zoning but the Board has the right for a moratorium to decide whether the property should be rezoned based on changes in the neighborhood.

John Heiser, 17160 Colonial Park Drive stated that a report by the State Patrol reveals that 82% of Transit Mix's vehicle safety violations were for major mechanical and safety components, demonstrating a disregard for the safety of others; he urged the Board to reject the proposal.

Randy Higby, 19675 Four Winds Way voiced her opposition to the proposal, stressing that the Board's primary duty is public safety (Transit Mix has a history of public safety violations), the site was zoned heavy industrial for many years but in the last few years many residential homes went up in the area, the proposal would bring no tax revenue or jobs to the community but it would have a major impact on the Town's water supply.

Steve Wilcox, 443 N. Washington Street opposed the proposal, stating that the numbers provided by Transit Mix conveniently change to correct the issues. Impartial engineers should first evaluate the matter thoroughly, and how the Town would cover all costs involved (would they have to increase taxes?)

Frank Bittinger, 18970 Spring Valley Road voiced his opposition to the proposal, citing that cement dust causes cancer and other medical conditions such as respiratory disorders/diseases, complications of allergies, irritation of the nose and throat, and acute silicosis (a rapidly progressive, incurable lung disease that is typically fatal.)

Beth Currow, 157520 Carribou Drive, Vice President of the Woodmoor Improvement Association stated that they support Monument residents who have offered valid reasons to the Board to cast a 'no' vote (such as an increase in traffic, safety issues for children, etc.)

Sheila Kern, 3285 Harman Drive, owner of Children's Choice in Monument voiced her concern of the safety of transporting children and urged the Board to give a 'no' vote.

Joyce Lase, 505 Jefferson Street , on behalf of the Coalition of Tri-Lakes Communities presented the Board with petitions signed by 662 persons (152 of which are Monument residents) asking the Board to disapprove the batch plant application, citing that they do not object to smart growth but they do not feel that concrete batch plants constitute smart growth.

Erica McClaun, 19120 Wakonda Way opposed the proposal stating that the application was not given a very thorough review (no comments from the Public Works Department, etc.) and urged the Board to require underground electric since Town Ordinance requires this.

Lowell Morgan, 435 Jefferson Street voiced his opinion that the Town would have nothing to gain with such a plant but would have much to lose, stating that Transit Mix would produce as much concrete and traffic as they can, there's a potential for human incompetence and cheating, and basically this high impact business does not 'fit' on the proposed site.

Judy Gibean-Mennenga, 18635 Arrowwood Drive, Executive Director of Tri-Lakes Pre-School stated that she is concerned with children's safety and asked the Board if they can guarantee that the cement trucks would not pass through on Franklyn Street.

Joy Baldwin, 17940 Smuggler's Road quoted Section 12-5-2 of Town Code regarding neighborhood compatibility. Baldwin strongly objects to the proposed batch plant due to the negative impact it would have on residential property values and on the entire Monument community.

Tommie Plank, 105 Second Street, owner of Covered Treasures Bookstore stated that Historic Monument has become a desirable shopping district; the Board had approved the Monument Merchants Association's proposal to improve the look of this area, but cement trucks are not a part of this vision. According to Plank, the batch plant could have a negative impact on businesses in Town, and she distributed to the Board copies of petitions signed by business owners in Town who are opposed to the proposal.

Janet Cho, 10390 Spring Valley Road urged the Board to decline the proposal due her opinion that many loose ends must be resolved and the proposed site was not adequately reviewed.

Jodi Peterson, 759 Century Place asked that the Board vote 'no' on the proposal, citing that the batch plant would pose a hazard to children in the area and any percentage of a hazard to children is too much (the area is her children's 'backyard'.)

June Fryor, 20045 Capela Drive expressed her concurrence with all the public comments made so far, stating that she is not persuaded by Transit Mix's presentation and pointing out that water is a finite commodity in Monument (Monument already has an odd/even watering restriction.)

Ray Powell, 423 N. Washington Street stated that the zoning of the proposed site is 50 years old but this zoning no longer fits because the area is now completely surrounded by houses. Powell questioned which numbers are correct with respect to Transit Mix's water usage requirements, and he urged the Board to review all of the facts carefully and to vote for the best interest of the entire Town.

Patty Powell, 423 N. Washington Street asked the Board to vote against the batch plant, and stated that the Town has been experiencing healthy, positive growth; she stated that in the Monument Comprehensive Plan, the Town's major limitation on growth is its scarcity of water, and she questioned whether the cement plant would be a wise use of such a scarce resource. Powell further stated that the community should be kept a safe, mountain community rather than becoming a heavy-industrial community.

Paul Monk, 19035 Spring Valley Road reminded the Board that they have taken an oath of office to serve the people of this community. The people of this community are speaking tonight and Monk urged the Board to listen to the people.

Katy Page, 252 Front Street stated that the Board has already heard all of the reasons why residents are opposed to the proposal, and said that she is putting faith in the Board and requesting a 'no' vote from them.

Faye Elbaum, 341 Buttonwood Court voiced her opposition to the cement plant, citing that when she and her husband moved into their house they did not realize that it was zoned as heavy industrial, and she stated that as Trustees representing the Town's people, the Board should have seen the needs of the area and should have the property re-zoned for something more appropriate.

Jim Bailey, 486 Jefferson Street stated that he was a cement inspector and is now suffering health problems. Traffic volumes would increase greatly and a draught is coming. He asked the Board to vote 'no' on the proposal.

Carl Evans, 880 Beacon Lite Road asked the Board to vote 'no' on the proposal, citing that chemicals will be in the water for irrigation (environmental problem), heavy cement trucks could pose a traffic problem, and stone litter from the trucks could cause broken windshields.

Miles Perry, 775 Winding Hills Road stated that he is a small time contractor who does not really care if the concrete batch plant comes (because it won't make it any easier or cheaper) but he urges the Board to listen to the people.

Stew Visey, 19250 Wakonda Way pointed out that road improvements will need to be made, and he questioned who would pay for these (he suggested that since Soc-'N-Roll had to pay $50,000.00, Transit Mix should have to pay close to $1,000,000.00 for an impact fee.) Visey asked the audience to raise their hands if they're opposed to the proposal, and he urged the Board to vote 'no' on the proposal for the sake of neighborly peace and love.

Ray Smith, 2760 N. Monument Lake Road, who is for the batch plant, stated that he does not recall many accidents caused by the old concrete plant that was in the area, and he does not see more than the usual traffic in the area. Smith also stated that a lot of people would be out of work without cement trucks.

Betty Johnson, Carribou Drive voiced her opposition to the cement batch plant, sharing that she experienced a similar situation years ago: trucks came down hill, made left turns onto a highway, and were very slow and cumbersome, causing frustration and accidents. She stressed that location is the key.

Randy Jones, 346 Glenside Road, Palmer Lake reminded the Board that Palmer Lake traffic also comes through Highway 105 and would be affected by the batch plant. He questioned why Transit Mix desires to be in Town (for water perhaps?) and asked the Board to vote 'no' on the proposal.

DJ McCormack, 2435 Shetland Way voiced his opinion that business owners provide service and Transit Mix would not care about the Town and would not self-regulate, but the Town would always run into problems with them; therefore he asked the Board to vote 'no' on the cement batch plant.

Robert Burgess, 17215 Mountain Lake Drive urged the Board to vote 'no' on the proposal, citing inconsistent numbers provided by Transit Mix, illegal waste dumping by Transit Mix in the past, and 2% of carcinogens in the air due to the batch plant posing health hazards.

Mayor Sibell closed the Public Hearing and opened the meeting to discussion from the Board.

Trustee Bailey stated that the Town Planner has been unjustly attacked and any insufficient numbers have come from opponents rather than from the applicant or the Planner. Trustee Bailey also stated that water and streets issues and everything else of concern have been addressed, and everything points to the fact that the applicant has the right to use the property for the uses they're proposing.

Trustee Tenney voiced his opinion that traffic and safety concerns have not been addressed. Secondly, he stated that the access permit from CDOT allows only 10 vehicles in and out, but the applicant's traffic study indicates 13 total, exceeding the allowable amount under the access permit. Trustee Tenney stated that the intersection of Highway 105 and Washington Street has not been adequately addressed. According to Trustee Tenney, the applicant should also find a way to make the Special Improvement District work. Lastly, Trustee Tenney voiced his concern that water issues have not been adequately addressed.

Trustee DeLaney asked the applicant whether he would make a written guarantee not to use Monument Streets for transport to Old Denver Road, and Brewster responded that they would agree to with this if it makes a difference.

Mayor Sibell clarified that the rumor that he owns the land that Transit Mix is proposing to buy is not true.

Trustee Vankekerix stated that he understands some of the opposition, but not all of it. For example, regarding impeding traffic, a test was done with a large truck at the site and there was not a problem. Although the intersection at Washington Street and Highway 105 is a big concern, Trustee Vankekerix stated that building in Monument is not going to stop and trucks will be there regardless. Trustee Vankekerix also stated that after reviewing all of the facts, he feels that Transit Mix has met all of the requirements for this project.

Trustee Smith questioned what the average weekday traffic count is at Highway 105 and Washington Street. Brewster responded that he believes this was included in the documentation given to the Board. Trustee Smith stated that the Pikes Peak Area Council of Governments (PPACG) received a report last year indicating that in July, 1996 the average weekend traffic volume at Highway 105 and Washington Street was 7,100, and she would like to know what that volume is today. With respect to Transit Mix's report regarding the level of service they put down A, but it goes from A to C and Trustee Smith voiced her concerns about this. Trustee Smith stated that in September, 1996, the intersection of 3^rd Street and Highway 105 was at 98% of capacity; this volume has increased much since that time, and Trustee Smith stated that although she had suggested to the Board that a lane be added on 3^rd Street, no action was taken. Furthermore, Trustee Smith stated that the traffic situation on Highway 105 from Washington Street to the I-25 bridge is terrible. No traffic light has been put in at Beacon Light and Highway 105 or at the Safeway and Rite Aid shopping centers, and Trustee Smith questioned what the Town is doing to its residents. Trustee Smith pointed out that the Highway 105/I-25 Interchange has been postponed until 2003 but that is not guaranteed, and the Town should address traffic issues before that time. Lastly, Trustee Smith stated that she has brought up to the Board that the Town needs to start drilling another well (because it was agreed that when Well #8 reaches 80% of its capacity the Town will start another well) and since it takes two years to get a well on-line and the Town's water engineer agrees that the Town needed another well a year ago, the Board needs to take this into consideration.

Trustee Schutz asked Mulready why the applicant dropped the Minor Plat portion of their application, and Mulready responded that the applicant did so because they will not subdivide the property due to water availability. Trustee Schutz stated that she would like to try and be a voice of the people. She then proceeded to quote some portions of the Town's Zoning Ordinance Section 13-11-010, outlining purposes of a PD district (i.e, to conserve the value of land, lessen the burden of traffic on streets and highways, and to provide for safe industrial sites involving a minimum strain on transportation.) Trustee Schutz voiced her opinion that these are just some of the criteria which have not been met with Transit Mix.

Folkestad reminded the Board that the applicant has made two requests, and they may want to vote on them separately. Mayor Sibell asked whether there is a motion for approval. Trustee Bailey moved to approve the Transit Mix Final PD Site Plan subject to the nine conditions outlined in staff's report based upon the following findings of fact: the property is zoned properly, passed by Planning Commission 3-1, water availability has been shown to be adequate, and the Board adds the recommendation to the Planning Commission's recommendations that water usage on that site be limited to a maximum 2.67 million gallons per year; seconded by Trustee Vankekerix. Trustee Schutz urged the Board to listen to the people, Trustee Smith urged that the Board project 10-15 years into the future, and Trustee Tenney asked that the Board wait, see, study and plan in order to adequately address the details. The vote on the motion was 3 for and 4 against, with Trustee Smith, Trustee Schutz, Trustee DeLaney and Trustee Tenney casting the dissenting votes.

There being no further business, at 9:17 p.m. Trustee DeLaney moved to adjourn the meeting of the Board of Trustees; seconded by Trustee Tenney; motion carried unanimously.

Respectfully submitted,

Audrey Auer

Town Clerk

*In depth detail of the Board of Trustees meeting available on cassettes for a period of time as required by state law.