TOWN OF MONUMENT
MINUTES OF THE BOARD OF TRUSTEES
Monday, February 7, 2000
6:30 P.M. BOARD OF TRUSTEES MEETING
Mayor Marlin Sibell called the Regular 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 7, 2000 at the Town Hall.
At the call of the roll, the following were in attendance:
Also Present:
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC INPUT
Betty Konarski, Chair of the Monument Lake Dam Preservation Committee informed the Board that the Committee met with the Colorado Water Congress Monday morning, February 7, 2000. They were given a unanimous vote of support for House Bill 13-65 regarding Monument Lake Dam; the Committee will be meeting with the Agriculture Committee also.
CERTIFICATION OF AGENDA
Trustee Smith requested that a discussion be added as agenda item IV B. regarding a new well site and a new Well #9; Trustee Smith also asked that an agenda item IV C. be added for the discussion of Third Street between Beacon Lite Road and Highway 105. Trustee Tenney questioned whether the Board can legally hold all five of the public hearings listed on the agenda because it was brought to his attention that some of them were not properly noticed. Al Sharon, Acting Town Manager suggested a short break so staff can research whether each of these public hearings were noticed, and the Board agreed with this suggestion. The meeting resumed after a brief break and Sharon stated that all but the public hearings for Jackson Creek Middle School and Monument Villas were properly noticed. Therefore the Board can not conduct public hearings on these two agenda items but will need to reschedule them for the March 6, 2000 Regular Meeting to allow proper notice. Sharon apologized to the Board and to the proponents of these two items for any inconvenience this may cause.
REPORTS
Finance Committee
PPACG/Urban Area Policy Committee
Trustee Smith informed the Board that there will be a PPACG meeting on Wednesday, February 9, 2000 at 9:00 a.m.
Cemetery Committee
Trustee Schutz requested that Town Clerk Audrey Auer set up a meeting with the new Town Manager, Rick Sonnenburg and the Cemetery Committee around the end of February or early March.
Parks and Landscape Committee
Trustee DeLaney stated that there have not been any new developments to the Monument Skate Park. Trustee Smith requested that an item be included on the March 6, 2000 agenda to discuss the Monument Skate Park.
Public Works Committee
Trustee Tenney informed the Board that there will be a Public Works Committee meeting on Tuesday, February 08, 2000 at 1:00 p.m. at the Public Works site.
BRRTA Committee
Trustee Smith informed the Board that the BRRTA meeting has been changed to February 18, 2000 at 1:30 p.m., and she asked that staff make sure the Town Hall Auditorium will be available to them at that time.
Town Manager
Sharon informed the Board that the street lights for Second Street have been back ordered and should arrive the end of February or early March. Sharon also stated that the contractor has run into problems with the underground conduits; this will increase the total price of the project by approximately $5,000.00 but the project should be completed in March.
Patrick Mulready, Director of Planning and Community Development informed the Board that there are vacancies on the Planning Commission and the Board has received two applications for appointment to the Planning Commission: one from Joe Martin and another from David Mertz. Mulready recommended that if the Board makes a motion to appoint either or both of these to the Planning Commission, that they specify in the motion which term each new member will fill. David Mertz was present at the meeting and gave the Board a brief history of his experience and voiced his desire to be involved in the Community. Trustee Bailey moved to appoint David Mertz to fill the remainder of former Planning Commissioner Phil Goetzman’s term; seconded by Trustee Schutz; motion carried unanimously. As Joe Martin was not present at the meeting, the Board postponed taking action on his application; they requested that Town Attorney Jim Folkestad research the residency requirements for a person to be appointed to the Planning Commission.
Town Attorney
Folkestad informed the Board that his office has been working with El Paso County on the Intergovernmental Agreement regarding Monument Lake Dam. Folkestad stated that the County has brought up the fact that they have nothing to do with granting water storage rights to the Town.
Council Comments
Trustee Smith asked Mike Shoback, Town Treasurer whether he has made reservations for her to attend the CML workshop on February 19, 2000 and Shoback affirmed that he has done so and has also made reservations for Trustee Schutz and Trustee Bailey if they are available to attend. Trustee Bailey stated that he will not be able to attend the workshop this time.
Trustee Tenney apologized for taking time from the meeting in questioning the legality of holding the public hearings, stating that he should have let staff know about the issue this morning.
NEW BUSINESS
American Public Works Association – Richard Wray, Kiowa Engineering
Richard Wray of Kiowa Engineering was present on behalf of the Colorado Chapter of the American Public Works Association and briefly discussed the association’s programs and awards. Wray re-presented the award given to Rhonda Steele, Public Works Administrative Assistant for Administrative Assistant of the year.
Public Hearing: Annexation Eligibility, Baptist Road Retail Center
Applicant: Goldberg Properties – Resolution No. 3-2000 Regarding the Baptist Road Retail Center Annexation
Mulready informed the Board that Goldberg Property Associates is proposing to annex a 35 acre parcel of land south of Baptist Road to the Town. According to Mulready, the requirements of State Statutes have been met for eligibility of the proposed annexation, and Mulready outlined some of these requirements. Mulready stated that this hearing is an eligibility hearing only. Mike Foley, Executive Vice President of Goldberg Property Associates also stated that they have met the requirements for the eligibility hearing.
Trustee Smith raised the point that this land is in the boundaries of School District 20, and she questioned how the taxes would be split. Folkestad stated that the mill levies from the property would go to School District 20 but the sales tax generated would not. Trustee Smith questioned what the Prebles Meadow Jumping Mouse situation is on the property. Foley responded that they received a letter from US Fish and Wildlife indicating that they do not consider this property to be part of this Mouse habitat. Trustee Smith also asked about the time frame for the annexation and Mulready stated that if the Board finds the property eligible for annexation, the public hearing would be held on April 3, 2000 and then on April 17, 2000 there would be a second public hearing and an Ordinance presented to the Board regarding the annexation. Trustee Schutz questioned whether sales tax generated from the property would be split 50/50 with TriView Metro and whether TriView would be responsible for roads, water and sewer to the property; Mulready affirmed that this was the case. Trustee Bailey moved to approve Resolution 3-2000; he then withdrew his motion because the item was not yet open to the public for input.
Mayor Sibell opened the hearing to the public for input. Judy Gamet, resident of Fox Run asked whether people in neighborhoods near the property could bring a petition against the annexation due to possible traffic problems, etc. The Board informed Gamet that they could come to the public hearing on April 3, 2000 and voice their concerns. Trustee Smith suggested holding the April 3, 2000 public hearing at a place other than Town Hall. Trustee Schutz stated that the meeting could be held at Town Hall but staff could have Grace Best Elementary School (or another larger facility) reserved in the event that Town Hall is overcrowded and the meeting could be moved to the other location that same evening.
Ronald Henrickson, resident in the Fox Run area stated that the Board should consider the following issues: projected traffic, whether current roads can handle the increased traffic, noise generated, litter and providing police, fire and ambulance services. Mayor Sibell stated that these issues would be addressed at the annexation hearing, and Folkestad reminded that the only questions for tonight should be questions of eligibility. Mulready stated that the item will go before the Planning Commission on March 15, 2000 and any one interested may attend and could share their concerns at that time. Trustee Smith also suggested that they could attend the February 18, 2000 BRRTA meeting at Town Hall at 1:30 p.m. Steve Waldman, resident of the Ridge at Fox Run questioned whether this property south of Baptist Road is contiguous to the Town since Baptist Road does not belong to the Town. Mulready responded that contiguity could jump over bodies of water and right of ways; therefore this property is considered contiguous. Sandy Brown, resident at 1530 Shadowtree Court asked whether Foley will have architectural drawings at the March 15, 2000 Planning Commission meeting, and Mulready affirmed that he would. Foley stated that he has business cards and would be willing to meet with anyone to address any concerns because they are committed to having a first-class project.
Trustee Bailey moved to approve Resolution 3-2000; seconded by Trustee DeLaney; motion carried unanimously. Trustee Bailey then moved to set the date of the Annexation Public Hearing for the Baptist Road Retail Center to April 3, 2000 at 6:30 p.m. at Town Hall, with a backup place lined up; seconded by Trustee Schutz; motion carried unanimously.
Public Hearing: Preliminary Plat/PD Site Plan – Wolf Business Park
Applicant: David and Billie Wolf
Mulready informed the Board that the applicants for Wolf Business Park have requested a continuance of this public hearing to March 6, 2000. Trustee Schutz moved to approve the continuance of the Public Hearing for the Preliminary Plat and PD Site Plan for Wolf Business Park until 6:30 p.m., March 6, 2000 at Town Hall; seconded by Trustee DeLaney; motion carried unanimously.
Public Hearing: Preliminary Plat/PD Site Plan – Santa Fe Trails Estates Subdivision on Old Denver Road
Applicant: RBJ Enterprises, LLC
Mulready informed the Board that RBJ Enterprises, LLC is proposing to create a 144 lot residential subdivision on 52.58 acres, the Santa Fe Trails Estates Subdivision on Old Denver Road. Mulready outlined some concerns/issues the Planning Commission had with respect to this plan as well as the recommendations they made to the Board. Bob Martin of LDC Planners briefly outlined his proposal. Martin stated that the minimum lot sizes would be 8,000 square feet, the streets now have 60-foot public rights-of-way, they have dedicated open space, they provided for a temporary turnaround, and now their rough plan is for 68 town homes rather than 92 to decrease the water demand. Trustee Smith questioned street lighting and Mulready stated that this is part of the subdivision improvement agreement. Trustee Schutz suggested that the Town set a standard for street lighting at some point.
The hearing was opened to the public for input. Tommie Plank, member of the School District 38 Board suggested that developers work together and combine land set aside for parks to allow for a new elementary school instead since there’s a great need for another one in the area. Mulready stated that this is definitely a good issue to consider in the new Comprehensive Plan. Trustee Tenney questioned Martin why the map distributed to the Board does not reflect the 60-foot public rights-of-way for streets and Martin responded that those maps did not yet reflect the changes made. Trustee Tenney then stated his concern that it some of the lots may not be meeting the 8,000 minimum square-foot requirement. Martin stated that they have adjusted the lots in order to meet this requirement. Trustee Tenney also questioned why the applicant should not have to upgrade Old Denver Road and Mulready responded that they are required to do an overlay, deceleration lane and escrow funds for improvements to Old Denver Road. Trustee Bailey moved to approve the Preliminary Plat/PD Site Plan for Santa Fe Trails Estates Subdivision, subject to the following eleven conditions:
1. The applicant must provide a 1/2 acre well site, in a location acceptable under the Town's Wellhead Protection Plan, or a site must be included as part of the Townhome portion of this project.
2. Streets which provide access to six or more homes must be sixty feet in ROW width. In addition, any street whose contiguity is interrupted by a phasing line will be required to plat temporary turnaround easements at the time of final plat filing (which includes such street) until its contiguity is restored by a subsequent final plat filing.
3. Address enumeration and street names must be approved through Pikes Peak Regional Building and the El Paso County Sheriff's Office, to ensure that streets and addresses are included in the El Paso County Emergency Services Grid. In addition, "Wind Valley Trail" must be changed in name to "Park Trail Drive" in as much as it is the continuation of that street south from Peak View Ridge Subdivision.
4. Applicant must separate the Plat Map and PD Site Plan. Once this is done, the following revisions are required in the plat map:
a. Subdivision name must be consistent throughout the document. Is it Santa Fe Trails Subdivision or Santa Fe Trails Estates Subdivision?
b. Signature Blocks and Certification/Dedication statements must be in compliance with the requirements of the Subdivision Ordinance.
c. The following Plat Note must be added: "A Fee of $750.00 per single family lot will be paid at the time of building permit issuance for all lots within this subdivision for the future connection of Beacon Lite Road and Old Denver Road."
d. Plat map must reflect requested utility easements by Mountain View Electric Association.
e. Flood plain map reference on Plat map must be changed. The correct number is #278, 03-17-97.
f. Sight Triangles must be indicated at all intersections on the plat.
5. Applicant must obtain a commitment letter to serve from the Monument Sanitation District as a condition precedent to the acceptance of this Preliminary Plat by the Town. This will involve the applicant addressing points 1 and 3 in the referral response provided by Monument Sanitation District.
6. With filing No. 1, the following issues will be required to be addressed in the Subdivision Improvement Agreement for this project:
a. Escrow of funds for improvements to Old Denver Road, including curb, gutter and sidewalk, accel/decel lanes, and future asphalt overlay of street.
b. Security for installation of water and sewer lines necessary to serve proposed development, in a form acceptable to the Town Attorney.
c. Security for the grading, erosion control and drainage improvements for the property, in a form acceptable to the Town Attorney.
d. Security for the construction of all new streets, including curb, gutter and sidewalk, in a manner acceptable to the Town Attorney.
e. Warrantee for a two year period for items b, c, and d above.
f. Installation of street lights internal to the subdivision, as well as along the applicant's frontage of Old Denver Road.
7. Applicant must provide additional information on the easement line running under the railroad, as well as the proposed private landscape easement, as per the Town Attorney's specification.
8. Proposed Landscaping, including fence types, must be reviewed by the Town's Parks & Landscape Committee.
9. Applicant must be put on notice that this property is subject to the collection of school in-lieu fees at time of final plat recordation.
10. Water availability requirements to the Town of Monument must be satisfied by dedication of sufficient water quantity (measured in Single Family Equivalence) prior to approval of final plat.
11. In the event that well site has not been identified and platted at the time of final platting, it shall be deeded to the Town of Monument by separate instrument free and clear of all encumbrances with sufficient easements to utilize the site.
seconded by Trustee DeLaney.
Trustee Tenney voiced his concern that the staff report regarding this preliminary plat/PD site plan has a lot of gaps. He also stated that it refers to an out-of-date traffic study, and perhaps a new study should be made prior to this approval. Sharon informed the Board that staff should have a traffic study report by the time of the final plat hearing for this project. Trustee Bailey moved to close discussion on this item; seconded by Trustee Vankekerix; the vote was four for and three against with Trustee Smith, Trustee Schutz and Trustee Tenney casting the dissenting votes. The Board then voted on the earlier motion made by Trustee Bailey; the vote was four for and three against with Trustee Smith, Trustee Schutz and Trustee Tenney casting the dissenting votes.
Ordinance No. 2-2000 Regarding Write-In Votes for the April 4, 2000 Municipal Election
Sharon informed the Board that Ordinance No. 2-2000 is basically a housekeeping measure to keep unqualified write-in names from being counted for the April 4, 2000 municipal election. Trustee Bailey moved to read by title only Ordinance No. 2-2000; seconded by Trustee DeLaney; motion carried unanimously. Auer read Ordinance No. 2-2000 by title only. Trustee Bailey moved to approve Ordinance No. 2-2000; seconded by Trustee Schutz; motion carried unanimously.
CONSENT ITEMS
Trustee Smith stated that she would like the Minutes of the January 24, 2000 Regular Meeting of the Board of Trustees to reflect that she had quoted from the new Robert’s Rules of Order that "each member of the Board has equal rights and obligations" and she recommended that "we should all follow decorum." Trustee Smith requested that a copy of the revised Minutes be put in her box. Trustee Schutz pointed out that the header on the January 24, 2000 Minutes has the wrong date. Trustee Schutz also asked Folkestad if the Minutes reflect his legal report on the authority of the Mayor, and Folkestad affirmed that this was the case. Trustee Schutz requested that Folkestad provide her with a written legal opinion stating that this is in fact his legal opinion. Trustee Schutz also stated that if this (a seating chart) is ever imposed, she will legally challenge it. Folkestad reiterated that the Mayor has an inherent power to keep decorum and if it was necessary to maintain order then the Mayor could have a seating chart. Trustee Bailey voiced his opposition to one Board member requesting the services of the Town Attorney without the rest of the Board’s authority. Trustee Tenney moved to approve Consent Items III A-D with the corrections so enumerated: Minutes of the January 24, 2000 Regular Meeting of the Board of Trustees, acknowledgment of the Minutes of the January 19, 2000 Regular Meeting of the Planning Commission and the Minutes of the January 18, 2000 Regular Meeting of the Parks and Landscape Committee, and expenditures in the amount of $51,188.56; seconded by Trustee Bailey; the vote was six for and one opposed, with Trustee Schutz casting the dissenting vote.
DISCUSSION
Ordinance Analysis and Report from Book Publishing Company, Folkestad & Fazekas, P.C.
Jim Hunsaker, Assistant Town Attorney informed the Board that Book Publishing Company (BPC) has performed a very thorough review of the Town Code and they have some outstanding recommendations (several varieties, some repealing sections, etc.) Hunsaker stated that with the Board’s approval he would like to come back to the Board with a series of Ordinances making changes as requested at the March 6, 2000 Regular Board of Trustees meeting, and the Board agreed with this. Hunsaker stated that the new Town Code would be more organized and indexed.
Well Site and Well #9
Trustee Smith stated that with the addition of 144 homes, the Town will need to add another Well, and she questioned whether the property to be developed at the end of Jefferson and Santa Fe could be a possible well site. Trustee Bailey reminded the Board that they had passed a Resolution which stated that when the Town is at 80% capacity of Well #8, then the Town should drill another well. Trustee Smith suggested that the Town stay ahead and perhaps staff can research how long it would take to get a permit, the costs involved, and the time frame. Trustee Tenney suggested waiting until the new Town Manager is on Board and have him look into it. Trustee Bailey voiced his opinion that the Town could be prepared and have the necessary money available for a new well. Trustee Vankekerix voiced his opinion that the Board is putting a lot onto the new Town Manager’s plate and suggested postponing this item for at least 6 months. Trustee Smith moved to approve that in 6 months the Board will look at this issue again; seconded by Trustee Vankekerix; motion carried unanimously.
Third Street Between Highway 105 and Beacon Lite Road
Trustee Smith stated that she is very concerned about Third Street between Highway 105 and Beacon Lite Road and would like to look into possibly adding an extra lane there. Sharon proposed that measurements of this sort need a survey in order to be accurate. Sharon informed the Board that a feasibility study was performed on Third Street between Beacon Lite Road and Second Street by Felsburg, Holt and Ullevig. According to the study, there are currently 8,300 vehicles per day on this section, and it is projected by 2020 this number will increase to over 12,000. However, if Second Street is extended to Highway 105 it will become the major feeder to Historic Monument and the projections for traffic on Third Street between Highway 105 and Beacon Lite Road would decrease from 12,000 vehicles per day to 1,000 vehicles per day. Therefore Felsburg, Holt and Ullevig do not advise adding another lane on Third Street if Second Street is extended. Trustee Smith asked Sharon to provide her with a copy of this report. The question was raised as to how soon Second Street could be extended, and Sharon responded that this item should be discussed further in Executive Session because of some issues.
Trustee Schutz questioned about the application for the other prospective Planning Commission member. Folkestad stated that the Statute requires members to be a "bonifide" resident of the Town in order to be on the Planning Commission (it does not state a minimum 6 month residency requirement.) According to Folkestad, this means that the residency requirement is probably the same as for voting, 30 days. The Board agreed that they should interview prospective members before appointing them to the Planning Commission. Trustee Smith questioned whether issues that come before the Planning Commission require a majority vote or a 2/3 vote, and Folkestad stated that this depends on the situation but he will further research this.
Folkestad also informed the Board that a second reading is not required for Ordinances. Ordinances are in effect 30 days after they are published in the local paper. According to Folkestad, this does not apply to Emergency Ordinances, which take effect upon adoption.
EXECUTIVE SESSION
Trustee Vankekerix moved to go into Executive Session to discuss legal and personnel matters; seconded by Trustee Tenney; motion carried unanimously.
The Board moved out of Executive Session and Joseph Martin, applicant for the Planning Commission appeared before the Board. Trustee Schutz moved to appoint applicant Joseph Martin to the Planning Commission to fill the vacant term ending 12-31-00; seconded by Trustee Smith; the vote was five for and two against with Mayor Sibell and Trustee Vankekerix casting the dissenting votes.
There being no further business, at 9:12 p.m. Mayor Sibell moved to adjourn the meeting of the Board of Trustees.
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.