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 6, 2000 at the Town Hall.

CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE

PUBLIC INPUT

Ernie Biggs, 17555 Shiloh Pines Drive, asked the Board whether Trustee Tenney must resign his Trustee position on Election Day if he is running for Mayor. Mayor Sibell responded that since the Town is a Statutory Municipality, a Trustee could run for public office and still maintain his public office. Town Attorney James Folkestad informed the Board that a candidate could not run for or hold more than one office at one time, and if Trustee Tenney were elected for Mayor, he would need to resign his Trustee seat at that time. Biggs stated his opinion that it would be ethical for Trustee Tenney to resign his Trustee seat the day of the Election; Trustee Tenney responded that his intention is to wait until such time as he is required to take such action.

Trustee Smith questioned what the procedure would be to fill an open seat on the Board if Trustee Tenney is elected as Mayor, and Folkestad responded that the Board would appoint someone to fill such vacancy. Trustee Schutz questioned whether the Board could take the next highest vote getter to fill such vacancy and Folkestad stated that this would not happen automatically but the Board could appoint that person if they so choose.

CERTIFICATION OF AGENDA

None.

REPORTS

Finance Committee

Trustee Schutz asked Michael Shoback, Town Treasurer whether Soc-'N-Roll has paid their impact fees and Shoback responded that they have not but should pay them this Spring. Trustee Schutz requested that staff put a May 1, 2000 deadline on this payment.

PPACG/Urban Area Policy Committee

Trustee Smith informed the Board that Fred Van Antwerp, PPACG Director would like to meet with the Board (perhaps after the Election) to discuss the functions of PPACG. Trustee Smith also informed the Board that at the last PPACG meeting, it was announced that the Colorado Department of Transportation (CDOT) has cut back on funding for CDOT Region II (Pikes Peak Region transportation roads.) The next PPACG meeting will be held on March 8, 2000.

Cemetery Committee

Trustee Schutz informed the Board that the Cemetery Committee would be meeting on March 8, 2000.

Parks and Landscape Committee

Trustee DeLaney stated that no action has been taken recently at the Monument Skate Park.

Public Works Committee

Trustee Tenney informed the Board that the next Public Works Committee meeting would be held on March 14, 2000, at 6:30 p.m.

BRRTA Committee

Trustee Schutz informed the Board that at the last BRRTA meeting, it was mentioned that the money to extend Mitchell Avenue has been moved to the Woodmen intersection. They also discussed the safety issue of Leather Chaps and Baptist Road. There will be a Special Meeting on March 24, 2000 at 9:00 a.m. at Town Hall.

Town Manager

Rick Sonnenburg, Town Manager asked the Board whether the decision to include the Town as a member of the Tri-Lakes Chamber of Commerce (for an annual fee of $145.00) is an Administrative or Legislative one. Trustee Schutz questioned how this membership would benefit the Town, and Trustee Bailey responded that such membership would show Town support of the Chamber. Board consensus was to approve this membership.

Secondly, Sonnenburg informed the Board that Town Water Attorney, Bob Krassa gave staff notice of a $15.00 per hour fee increase, and Board approval is requested. After a brief discussion, the Board agreed that Krassa should appear at the March 20, 2000 Board meeting to discuss this fee increase.

Next, Sonnenburg informed the Board that he had given Krassa approval to file a Statement of Opposition for Case #99CW162 to meet an urgent deadline. Trustee Smith requested that if such approval can first be brought before the Board then it should be done, but if it is an urgent matter, Sonnenburg may authorize such approval. Trustee Tenney asked that Krassa explain the above referenced case at the March 20, 2000 meeting. The Board also agreed to discuss availability of Monument ditch water rights at the meeting of March 20, 2000.

Regarding the selection of a Public Works Director, Sonnenburg requested direction for the Board on how to proceed. Trustee Schutz recommended leaving this item to Sonnenburg to do the hiring as soon as possible, and Mayor Sibell agreed with this suggestion, adding that the Board should have final review of the applicant. Trustee Smith agreed that Sonnenburg should make the choice, Trustee Vankekerix stated that Sonnenburg should make the decision but make a presentation to the Board prior to finalizing the hiring of a candidate. Trustee Tenney suggested have a new Board involved in the selection process (after the April, 2000 election,) and Trustee Bailey stated that the Board should give Sonnenburg a list of criteria for the Public Works candidate and have him make a selection based on these criteria. Al Sharon, Police Chief stated that Sonnenburg already has a list of applicants to review for the position.

Sonnenburg informed the Board that Brian Warner requests a pay raise to recognize his passing the "D" Water Operator License, and stated that because the Board enacted a pay freeze pending his development of a draft pay plan, he requests their direction regarding this request. According to Sonnenburg, historically a $500.00 annual raise was awarded for successful completion of the "D" License. Trustee Tenney recommended lifting the pay freeze. Sharon informed the Board that according to the step-in-grade pay plan he was developing, Warner would be eligible for a level move from an entry level water technician to a developing level water technician. Trustee Tenney moved to approve removing the pay freeze and allowing Sonnenburg to manage the employees per the interim pay schedule and levels which the Board approved last year; seconded by Trustee Schutz; motion carried unanimously. For clarification, Sonnenburg questioned whether he is to use the pay plan proposed by Sharon, and the Board affirmed that is correct.

In addition, Sonnenburg informed the Board that Sharon has requested a take-home car. According to Sonnenburg, a report provided by the Colorado Municipal League indicates that 54 of 70 Police Chiefs responding to a survey receive a take-home vehicle or car allowance. Therefore, Sonnenburg recommended that the Board approve a take-home vehicle for Sharon. The second portion of the issue is whether Sharon should be able to use such vehicle for purposes other than to and from work and other work uses. Sonnenburg suggested the Board allow Sharon to use such vehicle to and from work, for any work-related uses, and for personal uses within five miles of the geographical center of Town. Trustee Schutz stated that she opposed this request, and Trustee Smith asked where the funds would come from for such a vehicle. Sharon responded that previous Chief Karn purchased a take-home vehicle in 1995; Sharon reassigned this vehicle to patrol use, but now this vehicle is available again for his use. Trustee Vankekerix stated that he feels such a take-home vehicle is common practice, and he agrees with a 5-mile radius. Mayor Sibell and Trustee DeLaney expressed their concurrence. Trustee Tenney stated that he does not agree with the request; Mr. Karn lived in Town and the intent of such vehicle was to provide police presence in their neighborhood. Trustee Bailey stated that he would agree with use of the vehicle for work purposes only and to and from work. Trustee Vankekerix moved to provide Al Sharon the use of a take-home vehicle and allow a 5-mile radius for personal use; seconded by Trustee DeLaney; the vote was 3 for and 4 against, with Trustee Smith, Trustee Schutz, Trustee Tenney and Trustee Bailey casting the dissenting votes. Trustee Bailey moved to allow Chief Sharon to have a take-home car to be used to and from work and for work-related purposes; seconded by Trustee Smith; the vote was 5 for and 2 against, with Trustee Tenney and Trustee Schutz casting the dissenting votes.

Sharon informed the Board that he has two presentations to make. The first is an official commendation and plaque to Sergeant Tudor for outstanding and dedicated service as Acting Police Chief from July 1999 to February 2000. The second award is for Officer Kris Rich (not present) for outstanding and dedicated service to the community through the 1999 Adopt-A-Family Program wherein she collected over $2,500.00 in community donations and made Christmas better for dozens of area families' children.

Finally, Sonnenburg asked the Board whether they would like to receive individual copies of the monthly legal bills in the agenda packets. A lengthy discussion followed. Trustee Schutz and Trustee Smith both requested copies of the bill in their box monthly, and Trustee Vankekerix, Mayor Sibell and Trustee DeLaney stated that to them it does not matter either way. Trustee Tenney requested a copy of the bill until the size of the bill is reduced, and Trustee Bailey stated that he does not want a copy of the bill because the Town Manager is the one who should review such bills. Sonnenburg informed the Board that he has asked staff to advise him of all meetings which the Town Attorney(s) attend (in order to reduce their hours and the bill), and at the March 20, 2000 meeting he will bring the Board a recommendation regarding Attorney presence at meetings.

Town Attorney

Folkestad informed the Board that the Monument Lake Dam bill has passed the House and will go before the Senate. Lobbyist Doug Lamborn will meet with the Monument Lake Dam Preservation Committee and Folkestad. According to Folkestad, it looks like the legislation will pass, but it will include some amendments (such as to allay Colorado Spring's fears that there's an ulterior motive in terms of seeking a legislative declaration of the priority date for a water right). Folkestad also stated that his bills have been high because he has been attending meetings regarding the Monument Lake Dam legislation. Folkestad would be willing to cooperate with the Town in cutting down the number of meetings he attends for the Town.

Council Comments

Trustee Smith informed the Board that she attended a CML workshop recently, and they had a display of pictures of several communities that belong to CML. She suggested that the Town send one to them for display also (perhaps an older one.)

Mayor Sibell informed the Board that Trustee Tenney and he attended a Board of County Commissioners (BOCC) meeting last week, and the Tri-Lakes Recreation District passed with certain limitations, but anything east of Highway 83 was taken away from the District. Trustee Tenney stated that the next step would be to take the matter to court in mid-March for the filing for ballot issues.

Trustee Vankekerix suggested that all Board members be required to attend a CML meeting. Mayor Sibell deferred this matter to the March 20, 2000 Board meeting.

PUBLIC HEARING

Minor Plat, Final PD Site Plan – Jackson Creek Middle School

Applicants: Lewis Palmer School District 38, Jackson Creek Land Company

Patrick Mulready, Director of Planning and Community Development informed the Board that Lewis Palmer School District 38 and Jackson Creek Land Company are proposing to locate a new middle school on an approximately 32.6-acre piece of land on Leather Chaps Drive approximately ½ mile northwest of the Homestead at Jackson Creek Preliminary Plat area. The school would handle up to 900 students in grades 6-8, and the site would include room for a future elementary school. The Planning Commission recommended that the Board approve this Final PD Site Plan and Minor Plat for the proposed Jackson Creek Middle School contingent upon five conditions, one of which has already been met (the approval of the landscape plans.)

Ted Bauman, Superintendent of Lewis Palmer School District 38 informed the Board that their landscape plans have been reviewed by the Parks and Landscape Committee and have been approved. Tom Taylor, of Jackson Creek Land Company stated that the applicants are willing to comply with all of the recommendations made by the Planning Commission. Trustee Smith questioned Taylor whether there are plans for signalization at the intersection of Baptist Road and Leather Chaps Drive, and Taylor responded that this would be included in their next filing (the Homestead project.) Trustee Bailey moved to approve the Minor Plat & Final PD Site Plan for Jackson Creek Middle School, subject to the following five conditions:

1. Title Certificates and signature blocks on both the Plat and PD Site Plan must conform to the requirements of the Town’s Subdivision and Zoning Ordinance, respectively.

2. Street names must be approved through the El Paso County Sheriff’s Office to ensure non-duplication. Address enumerations must done through the Pikes Peak Regional Building Department and entered into the El Paso County Emergency Services Grid.

3. The Town must receive the following:

a. Correspondence from the Regional Flood Plain Administrator indicating that this site is NOT within the 100-year flood plain.

b. Correspondence from US Fish & Wildlife indicating that the development of this site will not adversely affect any known Prebles Meadow Jumping Mouse habitat.

c. Correspondence from TriView Metropolitan District, or its Engineers, indicating the drainage plan as submitted has been reviewed and found consistent with the Master Drainage Plan for Regency Park, and is acceptable.

4. Applicant must agree to submit to TriView Metropolitan District any required Subdivision Improvement Agreement, with appropriate warrantees and security, to extend infrastructure to serve this development.

5. Landscape Plans must be reviewed by the Town’s Parks & Landscape Committee. (Note: this review occurred on February 15, 2000. The Landscape Plans have been recommended for approval.)

seconded by Trustee Smith; motion carried unanimously.

NEW BUSINESS

Resolution No. 4-2000 Regarding the Appointment of Election Judges for the April 4, 2000 Municipal Election

Town Clerk Audrey Auer informed the Board that in the past, the Board has delegated the appointment of Election Judges to the Town Clerk, and Resolution 4-2000 provides for the Town Clerk to appoint Election Judges for the April 4, 2000 Municipal Election. Trustee Bailey moved to approve Resolution No. 4-2000; seconded by Trustee Schutz; motion carried unanimously.

Resolution 5-2000 Adopting Resolution 00-03 of the Woodmoor/Monument Fire Protection District Regarding the Adoption of the 1997 Uniform Fire Code and Amendments

David Youtsey, Chief of the Woodmoor/Monument Fire Department informed the Board that it is time for the Fire Department to adopt the newest fire codes, and he asked that the Board support this adoption as well. The amendments would give the District more authority to create ways to protect structures from vegetation fires, and ask for homeowners' compliance. One of the most significant changes is that the Fire Department would begin charging anywhere from $50.00 to $3,000.00 for the review of plan requirements to manage fuels. Trustee Vankekerix suggested that someone of the Fire District volunteer to sit on the Town Parks and Landscape Committee, and Chief Youtsey responded that he would have someone contact the Board regarding this suggestion. Trustee Tenney moved to approve Resolution 5-2000; seconded by Trustee Schutz; motion carried unanimously.

Resolution 6-2000 on the Authority of the Town Administrator to Administer a 125 Cafeteria Plan for Town Employees

Sonnenburg informed the Board that the Internal Revenue Service (IRS) provides for a Cafeteria Plan, which saves both employer and employee money by allowing them to purchase benefits pre-tax dollars. Shoback stated that a Cafeteria Plan would reduce the employees' and the Town's tax obligations by reducing employees' gross income. There is no charge to the Town for participation in this plan, and it could save the Town approximately $1,600.00 in taxes for 2000. Furthermore, Shoback stated that the Board could participate in this plan if they participate in the Town's healthcare benefits. Trustee Tenney moved to approve Resolution 6-2000 adopting a 125 Cafeteria Plan; seconded by Trustee Vankekerix; motion carried unanimously.

CONSENT ITEMS

Trustee Tenney moved to approve Consent Items A-D, which include the following: Minutes of the February 7, 2000 Regular Meeting of the Board of Trustees, Minutes of the February 14, 2000 Special Meeting of the Board of Trustees, Minutes of the February 28, 2000 Special Meeting of the Board of Trustees and expenditures in the amount of $59,518.70; seconded by Trustee Bailey; motion carried unanimously.

DISCUSSION

Monument Skate Park

Sharon informed the Board that the Monument Skate Park project began as an ad-hoc project, with a history of stops and starts. Trustee Schutz questioned whether public interest in the project has diminished. Trustee Smith suggested that the Board give the Monument Skate Park Committee a deadline to complete the project because it is currently an 'eye sore,' and the Committee should create a park which is safe and attractive. Trustee Vankekerix agreed with Trustee Smith's suggestion, and added that perhaps the Committee could come before the Board with a monetary figure needed to complete the project. Trustee DeLaney voiced his opinion that there's still a desire to have such a park but the current concrete structures can be a hazard for the Town. Trustee Tenney stated that the Committee should come before the Board and discuss their plans for the Skate Park. Trustee Bailey reminded the Board that the project is a volunteer project and perhaps they do not have the funds to finish the project; he suggested that the Board establish a completion date for the project with the Committee. Mayor Sibell asked Sonnenburg to contact the Skate Park Committee and include them on the March 20, 2000 agenda.

OLD BUSINESS

Disbanding of Traffic Impact Committee of Monument (TICOM)

Mayor Sibell reminded the Board that he had recommended a TICOM committee, and he stated that anyone who wishes to speak on the behalf of TICOM may do so now.

Louis Elbaum, member of TICOM stated that TICOM has established a rapport with CDOT which could be very good for the Town; he urged the Board to make TICOM permanent Lowell Morgan, member of TICOM informed the Board that beyond the original mandate of TICOM, they have begun looking into other road and traffic issues around Town. Morgan voiced his opinion that if TICOM was made a permanent Committee, they could have a productive impact on traffic issues. Ernie Biggs, resident at 17555 Shiloh Pines Drive reminded that TICOM was created for one purpose (the impact of the Cement Plants on traffic.) Biggs further stated that members of the Committee should be Monument residents, not from surrounding areas, and he suggested that if there are many Committees they will conflict with each other (staff is there to do the job.) Elbaum responded that all members of TICOM are Monument residents.

Mayor Sibell stated that the original purpose of the Committee was to review the traffic situation at Washington Street and Highway 105. However, TICOM went on to include areas all over the Tri-Lakes area. They also reported to CDOT when they were not instructed to do so. According to Mayor Sibell, Trustee Tenney did not want to release the report of the TICOM to the Board. Mayor Sibell then asked for Board input.

Trustee Schutz asked Folkestad whether it would be legal to keep TICOM in place, and Folkestad responded that the Committee was appointed by the Mayor with Board approval and can be dissolved by a majority of the Board, but the Board can keep the Committee afloat and define it more (address the makeup of the Committee, number of persons, qualifications, etc.) Trustee Schutz then stated that Trustee Tenney gave a TICOM report to the Board and the Board voted to not send this report on to CDOT. Trustee Tenney affirmed that this was the case, and stated that the report was not given to CDOT by TICOM but by staff. Mayor Sibell asked Trustee Tenney whether TICOM had several meetings with CDOT, and Trustee Tenney responded that they had, and such meetings were not in secret and were very productive. Trustee Schutz stated that she would like to see TICOM remain a Committee and have it defined. She further suggested coordinating TICOM with BRRTA and PPACG.

Trustee Smith voiced her opinion that the Town needs a line of communication with CDOT, and stated that she was impressed with the active citizens who have worked hard on looking into traffic issues. She suggested that TICOM stay together as a Committee. Trustee Vankekerix stated that normally a Committee that was formed to give a report on one subject is dissolved after it has given a report to the Board (without a vote of the Board.) He further stated that the Town Manager is here to work with CDOT. Folkestad stated that because the subject is controversial, the Board should take a vote on the issue.

Trustee DeLaney voiced his opinion that traffic issues should be duties of Town Administration (i.e., the Town Manager, Public Works Director, Police Chief,) working together with citizens to obtain their input. Trustee Tenney stated that several traffic issues were not addressed in recent years, and he suggested continuing the Committee in its current form until the Town has a Public Works Director. Trustee Tenney also suggested that TICOM have staff representation by Sonnenburg. Trustee Bailey voiced his opinion that such a Committee is needed to address traffic issues but he voiced his concern with lobbying groups who vote for or against a particular issue. Trustee Bailey stated that the Town has Traffic Engineers to address such issues, and he stated that the TICOM report conflicted with reports by these engineers.

Mayor Sibell asked for a motion to disband TICOM. Trustee Smith moved to keep TICOM. Mayor Sibell responded that this was not the motion he asked for, and Trustee Smith stated that she has the right to make a motion. Folkestad stated that any Board member could make a motion on either side of the issue. Trustee Tenney seconded the motion made by Trustee Smith; the vote was three for and four against, with Trustee Bailey, Trustee DeLaney, Trustee Vankekerix and Mayor Sibell casting the dissenting votes. Trustee Bailey moved to disband TICOM; seconded by Trustee Vankekerix; the vote was four for and three against, with Trustee Schutz, Trustee Smith and Trustee Tenney casting the dissenting votes. Trustee Smith suggested that citizens still meet and keep active.

Trustee Schutz requested that an item be added to Executive Session asking the Town Attorney about a CIRSA claim on his billing.

EXECUTIVE SESSION

Trustee DeLaney moved to go into Executive Session for a conference with the Town Manager and Town Attorney for the purpose of receiving legal advice concerning the Board's February 28, 2000 vote regarding Transit Mix, and to discuss a CIRSA claim on the Town Attorney's billing; seconded by Trustee Smith; motion carried unanimously. Trustee Smith excused herself before Executive Session was over.

There being no further business, at 8:50 p.m. Trustee Tenney 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.