TOWN OF MONUMENT
MINUTES OF THE BOARD OF TRUSTEES
Monday, March 20, 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, March 20, 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
None.
CERTIFICATION OF AGENDA
None.
REPORTS
Finance Committee
Trustee Schutz asked Michael Shoback, Town Treasurer whether Soc-'N-Roll responded to the May 1, 2000 deadline set on the payment of their impact fees, and Shoback responded that he has not heard from them but he intends to contact them sometime this week.
PPACG/Urban Area Policy Committee
Trustee Smith informed the Board that included in the packet is a memo regarding the Metropolitan Planning Organization's Draft 2001-2006 Transportation Improvement Program (TIP). Trustee Smith asked Town Clerk Audrey Auer whether the Town has a copy available for public review and Auer responded that a copy of this is at the front desk. Trustee Smith also stated that the cost of the Baptist Road Interchange would be $14,500,000.00 but there is only about $2,500,000.00 available for this project. PPACG also discussed widening Interstate 25 at Bijou (to eight lanes.) Furthermore, Trustee Smith stated that she has a copy of the population forecast for 2010 by Colorado Springs Utilities.
Cemetery Committee
Trustee Schutz informed the Board that the Cemetery Committee had a meeting and Patrick Mulready, Director of Planning and Community Development will include an item on the negotiation 'wish list' for Forest Lakes to acquire more land for the Cemetery.
Parks and Landscape Committee
Trustee DeLaney stated that he received a letter from James K. Alguire indicating his desire to serve on the Parks and Landscape Committee. Trustee Smith voiced her concern that 2/3 of the Committee should be comprised of Monument residents. Trustee Tenney voiced his opinion that since there is no waiting list of volunteers to be on the Committee, the Town should appoint Alguire to the Committee. Trustee Bailey stated that at least a majority of the Committee's members should be Town residents. Trustee DeLaney responded that with Alguire, the Committee would be comprised of 50% Monument resident and 50% business owners in Monument, but the Committee would still be short one member. Trustee Bailey moved to appoint James K. Alguire to the Parks and Landscape Committee; seconded by Trustee DeLaney; motion carried unanimously.
Public Works Committee
Trustee Tenney informed the Board that the Public Works Committee had a meeting and they have changed their meetings to the first Wednesday of each month at 6:30 p.m. to better accommodate all members.
BRRTA Committee
Trustee Schutz informed the Board that there would be a BRRTA meeting on Friday, March 24, 2000 at 9:00 a.m. at Town Hall.
Town Manager
Rick Sonnenburg, Town Manager stated that information on the draft 2001-2006 TIP is included in their packets. Sonnenburg informed the Board that he has reviewed Town Attorney presence at various Town-related meetings and he recommends that the Attorney not attend the BRRTA, Preble's Meadow Jumping Mouse Regional Habitat Conservation Plan, Cemetery Committee or weekly staff meetings (as of May 1, 2000.) Trustee Schutz stated that the Cemetery Committee does not need Attorney presence unless if they are discussing a ballot issue. Mayor Sibell suggested leaving it to the discretion of the Chairperson of these Committees whether or not the Attorney should attend a meeting, and to the discretion of Sonnenburg.
Secondly, Sonnenburg requested clarification from the Board with respect to which pay plan to proceed with (since it will have a significant budget impact.) Trustee Smith stated that she is unclear as to how an employee is eligible for a step-in-grade. Police Chief Al Sharon responded that there are several factors to take into consideration for such a level move, including the amount of time with the Town, evaluations, certification or licensing, and education. Trustee Smith asked Sharon whether there are a set amount of years an employee must work for the Town to be eligible for a level move and Sharon responded that generally, an employee reaches Journey Level after 3-5 years of service, but all level moves are also driven by the various job descriptions. Trustee Bailey reminded the Board that the job descriptions have not yet been approved.
Sonnenburg stated that if the Board is hesitant to make a decision at this point, they could defer this issue to a special work session or request that he look at other pay plans. Mayor Sibell stated that Sonnenburg's résumé indicated his strength on internal issues and he suggested that Sonnenburg review other options and come up with an alternative pay plan to present to the Board at the next meeting. Sonnenburg responded that he would have a pay plan concept ready for the next Board meeting but he could not reassess all of the job descriptions by the next meeting. Trustee Schutz stated that she would like to see justification for pay increases of up to 25%.
Trustee Smith asked Sonnenburg to research the Intergovernmental Agreement with TriView Metro providing for Mulready to provide services to them.
Next, Sonnenburg informed the Board that he has received a letter from the Historic Monument Merchants (HMM) requesting financial assistance to pay $252.00 for an advertisement in the Tribune regarding the street lamp lighting ceremonies. Trustee Bailey stated that the Town has already invested a lot of money into the street lights, and another $252.00 is not that significant. Trustee Tenney requested that Tommie Plank, member of HMM speak to the Board. Plank stated that HMM hopes to have the street lamp lighting ceremony as a Community social event to bring people into the area, and they are asking how the Town would like to help with this event. Trustees Tenney, Vankekerix, Smith and Schutz all indicated that they would be for the Town paying the $252.00. Rhonda Steele, Public Works Administrative Assistant informed the Board that 19 of the street poles shipped on March 19, 2000. Trustee Tenney moved to appropriate $252.00 for the cost of the advertisements for the street lamp lighting ceremonies; seconded by Trustee Schutz; motion carried unanimously.
Town Attorney
Town Attorney Jim Folkestad informed the Board that the Monument Lake bill is continuing to go forward, is proceeding on schedule and is expected to make it through the process. Folkestad stated that he has three memos to distribute to the Board after the meeting regarding: the Board of Adjustment terms, Public Notice requirements, and his firm's billing to the Town.
Trustee Tenney voiced his concern about the approximately $13,000.00 Attorney bill for February. Trustee Tenney proposed that staff not talk to the Attorney's office without first checking with Sonnenburg to put a control mechanism in place. Folkestad informed the Board that there are several reasons for the high February bill: the Monument Lake bill, preparing for elections, codification, public notices and procedures, etc. Trustee DeLaney stated that he understands that Folkestad has been involved in several special projects for the Town. Trustee Vankekerix suggested that the Board not set any policy regarding contacting Folkestad's office but rather try a few methods and see what works best. Trustee Smith stated that she would have no problem with having staff go through Sonnenburg before contacting the Attorney's office. Trustee Schutz suggested that a checklist be prepared with frequently asked questions from the Planning Department to limit the amount of calls made to Folkestad's office. Mayor Sibell directed Sonnenburg to initiate the method he feels is appropriate in order to limit the Attorney's bills, using such guidance as was offered by the Board.
Council Comments
Discussion of new Trustee attendance at CML orientation for new Board members – Trustee Vankekerix
Trustee Vankekerix suggested that the Board make it mandatory for Board members to attend an orientation program through CML for the good of the Board and the Town. Trustee Schutz suggested having someone come to the Town to provide this orientation. Trustee Smith and Trustee Bailey stated their opinion that such attendance should not be mandatory but rather voluntary and highly encouraged. The Board directed staff to look into inviting someone to come to the Town to provide an orientation. Sonnenburg asked the Board whether they would be open to this orientation being a regional one if need be, and the Board agreed that this would be fine.
PUBLIC HEARING
Proposed Preliminary/Final (Townhome) Plat Amendment – Monument Villas Townhomes at Lot 2
Applicant: Valley Vista Estates
Patrick Mulready, Director of Planning and Community Development informed the Board that Monument Villas, LLP is proposing to create a 52- unit townhome community for active seniors southwest of the Highway 105 and Knollwood Drive intersection. Mulready reminded the Board that in the Fall of 1999, the Town approved the Minor Plat, Final PD Site Plan, Zone Change and Development Plan Amendment for this project, and this would now finalize the platting of each individual townhome lot. The actual acreage for the area needs to be resolved. Also, the applicant would like to first plat the townhomes survey where they would dig their foundations later (posing a possibility of mis-digging.) Thus they may need to bring an amended plat to the Board for approval.
Jerry Myer, member of the Monument Villas, LLC partnership informed the Board that they have had many meetings to resolve open issues regarding the Final Plat.
Trustee Tenney voiced his opinion that the roads on the plat do not seem to meet Town standards. Mulready responded that in the Fall of 1999, the Board decided not to make these public roads, and they would be internally maintained. Trustee DeLaney asked whether it is normal procedure for the Applicant to re-survey the property after the plat for townhomes, and Myer responded that this is how they have always proceeded in the past and they are willing to bear any costs incurred; they feel this is the most expeditious way for them to proceed with the project. Mayor Sibell questioned whether this would be proper procedure and Mulready responded that although this procedure is not 'improper', it is not what the Planning Commission recommended to them. Mulready stated that the only additional staff time with this method would be related to inspection, and a future plat may call for additional review. Mayor Sibell asked whether the Town would spend more money on the project than they would collect from the Applicant and Mulready assured the Board that this would not be the case.
Mayor Sibell opened the hearing up to the public for input. Joy Baldwin, 17940 Smugglers Road asked if adequate parking would be provided for guests, and Mulready responded that the road surface is wide enough to provide for some on-street parking, and there would be additional parking by the community center. Myer agreed with Mulready, stating that each unit would have a 1-car attached garage with a certain amount of driveway space and some on-street parking. Baldwin also questioned whether the Town's CCNR's would permit such on-street parking and Mayor Sibell stated that since the streets would not be public roads, this is not a Town matter. There being no further public input, Mayor Sibell closed the public input portion of the hearing.
Trustee Bailey moved to approve the Preliminary/Final (Townhome) Plat for Monument Villas, contingent upon the following condition:
1. The area zoned PCD, to the north of the Platted area, must accurately depict its area both in the summary table and in the acreage shown for the site on the Plat Map.
seconded by Trustee DeLaney; motion carried unanimously.
NEW BUSINESS
- Ordinance No. 3-2000, Granting a License in LandPresentation by Bob Krassa, Town Water Attorney
Bob Krassa, Town Water Attorney informed the Board that he has proposed an hourly fee increase to keep up with inflation, and this hourly rate is still at the low end for Water Attorney fees. Krassa stated that one big project they will be working on is the adjudication of ground water under Town annexed properties since 1985.
Secondly, Krassa discussed his Statement of Opposition to CASE 99CW162 regarding Monument/Forest View Acres. According to Krassa, Forest View Acres filed two cases in 1999 (99CW161 and 99CW162,) but he only recommended the Town oppose CASE 99CW162 because it deals with Monument Ditch water rights, and it directly affects the amount of water in Monument Creek. Because the deadline for the Statement of Opposition to this case was February 29, 2000, Krassa went ahead and filed such statement after consulting with Sonnenburg and Folkestad. The Board may withdraw this opposition if they so choose, but Krassa recommended against such action. This case deals with water rights to be used for augmentation, and Krassa stated that the Town needs to look at two things: the amount of the water rights to be quantified for consumptive use is often exaggerated by the Applicant, and the adequacy of the measurement of the consumption should balance out. The Town needs to look into the matter to see if everything is done properly, and if not, they must determine this as well.
Trustee Tenney asked who owns Monument Ditch water rights and Krassa responded that Forest View Acres does. Trustee Smith questioned what type of contract the Town had in the 1980's when it was looking into using water from Colonel Evans' well. According to Krassa, it was proposed that this well become a permanent part of the Town's water supply, but nothing ever came of it because Colonel Evans never really wanted to sell his water rights. In addition, Krassa stated that they never recommend Municipal clients to become involved in such a situation because the Town's water supply should always be in the complete control of the Town.
Krassa also mentioned that in 1968 or 1969, some changes were made to the Town's water rights use and he suggested that the Town ask Halepaska and Associates to research these changes. Trustee Tenney voiced his opinion that if the Town could obtain surface water runoff rights, they should pursue every option. According to Mayor Sibell, he researched the Town archives and found that Monument Ditch was dug in 1888 by Newborough, and was initially a Town water right which was later usurped by Colonel Evans. The Board agreed that the Town should further research the water rights issue.
Trustee Smith moved to approve the proposed increase in fees for Water Town Attorney Bob Krassa; seconded by Trustee Schutz; motion carried unanimously.
Regarding the question of whether or not the Town receives credit on wastewater, Krassa stated that the Town has two kinds of water rights: water that originates from the surface and water that is pumped out of deep wells. The Town does not receive credit for surface water but it does receive a credit for water from deep wells (40% of the amount delivered to the Tri-Lakes Plant in proportion to the amount pumped from deep wells is returned back to streams and is then used to augment shallow wells, etc.) Under the Augmentation Plan Decree, the Town could receive similar credit from returned flows from long irrigation, but the Town does not yet have the measuring device needed to do so. It would cost the Town several thousands of dollars to install such a system, and until this point the Town's engineers did not feel that it would be cost-effective to install this system. Krassa suggested that Sonnenburg contact Bruce Lytle to review whether such a system could now be cost-effective to the Town.
Trustee Tenney asked Krassa what progress they have made with respect to receiving augmentation credit through water court for Wells 1 and 2. Krassa stated that this would best be done in conjunction with the project of adjudication of ground water under Town annexed properties since 1985, and they are waiting to see whether the Town will become Home Rule before proceeding with this project because it could create a significant difference in the results. Mayor Sibell thanked Krassa for his presentation.
John Laing Homes Bus Shelter
Mulready informed the Board that the residents of the John Laing Homes project have expressed a desire for a bus shelter for children waiting for the school buses. John Laing homes has agreed to construct the shelter and the homeowners association would maintain it, but because the shelter would be constructed in Town right-of-way along Old Denver Highway, the Town must pass an Ordinance granting permission for its placement. The Agreement attached to Ordinance No. 3-2000 is revocable at any time, provides that the Town is indemnified for liability arising from its use, there is no waiver of governmental immunity by the Town, the Town has no maintenance responsibility for the shelter and the Town is not responsible to move the shelter should it be in the way of widening Old Denver Highway in the future. Trustee Smith asked whether the buses would be stopping along Old Denver Road, and Mulready responded that they would not, but would use Woodfield Drive instead. Trustee Bailey moved to read by title only Ordinance No. 3-2000; seconded by Trustee Schutz; motion carried unanimously. Trustee Bailey moved to approve Ordinance No. 3-2000; seconded by Trustee Schutz; motion carried unanimously.
2001 Comprehensive Plan Update
Mulready informed the Board that included in their packets is a Final Draft Request for Proposals (RFP) for the Town's 2001 Comprehensive Plan Update. Mulready listed the elements to be included in the Comprehensive Plan: land use, future growth/annexation, traffic and circulation, parks, open space, trails and recreation, public safety, housing/neighborhoods, economic development, basic utilities, specific plans for Downtown Monument and the Interstate 25 corridor, and architectural design standards. The Town would form a "Comprehensive Plan Steering Committee" to serve as a source of public input which would consist of 15 members: 1 representative of the Town's Planning Commission, 1 representative of the Lewis Palmer School District 38, 4 representatives from neighborhoods within the Town Limits, 4 business leaders for businesses within the Town Limits, 2 members of the development community currently working on projects within the Town of Monument and 3 members selected from the Town of Monument at Large. In addition, there would be a Town "Selection Committee" to designate the contracted firm for the Comprehensive Plan. This Committee would consist of: the Town Manager, Director of Planning and Community Development, Town Treasurer, 1 member representing the Planning Commission and 1 member representing the Board of Trustees.
Mulready asked the Board for guidance as to how to proceed with advertisement for members of the Steering Committee. Trustee Tenney suggested advertising to see what volunteers respond and make a selection; if there would not be enough volunteers, then the Town could go with the Plan as presented by Mulready and use the categories listed (the Board agreed with this suggestion.) Mulready also outlined the process by which the Board, the Planning Commission and the community would be updated on the Plan's progress. There would be some presentations before the Board and the Planning Commission, as well as a series of community open houses to solicit public input.
Resolution No. 7-2000 Revising the Year 2000 Fee Schedule for the Town of Monument to Add a Fee for the Sale of Meeting Audio Tapes
Sonnenburg asked the Board whether they agree with a $15.00 charge per set of meeting audio tapes. The Board agreed that this amount is fair. The question was raised as to whether the Town has a recording machine to copy tapes, and it was reported that Auer made copies of the tapes on her home stereo. Trustee Bailey suggested that a system could be purchased to allow for the Town Clerk to copy tapes at Town Hall for under a $100.00, and Chief Sharon confirmed that a dual high-speed dubbing system could be purchased for under $100.00. Trustee Bailey moved to approve up to $100.00 for the purpose of a dual high-speed dubbing system; seconded by Trustee Schutz; motion carried unanimously.
Trustee Bailey moved to approve Resolution No. 7-2000; seconded by Trustee DeLaney; motion carried unanimously.
Resolution No. 8-2000 Adopting the ICMA Retirement Corporation as an Optional Additional Deferred Compensation Plan
Sonnenburg informed the Board that he joined a portable 457 Deferred Compensation Plan in 1987 which he has continued to contribute to through three prior employers. He requests that the Board approve a second 457 Plan – The International City Management Association Retirement Corporation (at no cost to the Town) to allow him to continue contributing a portion of his salary to this Plan. Trustee Bailey moved to approve Resolution No. 8-2000; seconded by Trustee Schutz; motion carried unanimously.
Resolution No. 9-2000 Authorizing a Grant Application to the Metropolitan Planning Organization for a Pedestrian Trail Tunnel Under Beacon Lite Road
Sonnenburg informed the Board that the Beacon Lite Road Development Team is working on the design of the Beacon Lite Road extension, and as the extension of the road would cross the County's Santa Fe Trail, the team has studied options of at-grade crossings ($10,000.00 and $40,000.00) and grade-separated crossings (approximately $195,000.00.) Through the Metropolitan Planning Commission, grant funds for a tunnel option may be available on an 80/20-split basis (the Town would need to match 20% or approximately $38,914.00.) The deadline to apply for the grant is March 31, 2000 and the Board could later withdraw their application.
Dave Frische, GMS Consulting Engineer informed the Board that the cost for the design and engineering of the Trail Tunnel could be incorporated into the total amount for the grant. Mayor Sibell stated that County Parks is opposed to at-grade crossings. Trustee Bailey stated that he would like to see a Trail Tunnel, and at least have the Town apply for the grant; the rest of the Board also agreed with this. Trustee Bailey moved to approve Resolution No. 9-2000; seconded by Trustee Schutz; motion carried unanimously.
Preble's Meadow Jumping Mouse Habitat Conservation Plan
Mulready informed the Board that staff received a letter from Susan Johnson of the El Paso County Parks Department requesting a financial contribution by the Town of at least $500.00 to offset the costs for the Preble's Meadow Jumping Mouse Regional Habitat Conservation Planning efforts. The City of Colorado Springs contributed $3,000.00, El Paso County has contributed $16,000.00 and the estimated cost to complete the plan is $32,000.00. Trustee Bailey moved to approve the expense of $500.00 towards the Preble's Meadow Jumping Mouse Habitat Conservation Plan; seconded by Trustee Schutz; motion carried unanimously.
CONSENT ITEMS
Trustee Schutz moved to approve Consent Items A-C which include: Minutes of the March 6, 2000 Regular Meeting of the Board of Trustees, Minutes of the March 8, 2000 Special Meeting of the Planning Commission, and expenditures in the amount of $77,753.84; seconded by Trustee Bailey; motion carried unanimously.
DISCUSSION
Monument Skate Park
Sonnenburg informed the Board that Kurt Ehrhardt of the Monument Skate Park Committee has requested additional time to report to the Board at the next meeting.
Fiscal Year 1999 Financial Statement
Fiscal Year 2000 Year-To-Date Monthly Report
Michael Shoback, Town Treasurer informed the Board that this information is not yet complete and he should have these reports available in approximately 3-4 days.
EXECUTIVE SESSION
Trustee DeLaney moved to go into Executive Session to develop strategy for right-of-way acquisition negotiation; seconded by Trustee Vankekerix; motion carried unanimously.
There being no further business, at 8:30 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.