Agenda

6:30 P.M. BOARD OF TRUSTEES MEETING

Mayor Leon Tenney 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, May 1, 2000 at the Town Hall.

CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE

Mayor Tenney informed the Board that Mr. Fred Antwerp of PPACG has asked to be taken out of sequence on the agenda because his team has not yet arrived due to traffic congestion.

Public Hearing: Final Plat & PD Site Plan Santa Fe Trails Estates Subdivision (Old Denver Road, South of Peak View Ridge Subdivision)

Applicant: RBJ Enterprises, LLP

Rudy Byler of RBJ Enterprises, LLC distributed to the Board a schedule of fees paid to the Town for the Santa Fe Trails Estates Subdivision project ($1,979,360.00 total.) Project Representative Bob Martin of LDC Planners asked the Board to review and approve the final plat/PD site plan subject to conditions. Trustee Smith questioned which conditions have been met, and Martin outlined the letter dated April 26,2000 from LDC, Inc. which details the status of the recommendations made by the Town's Planning Department .

A lengthy discussion followed regarding the conditions that have or have not been met by the applicant. Mayor Tenney stated that several of the recommendations made by the Planning Department have not been met. In particular, Mayor Tenney stated that a letter dated April 19, 2000 from the Monument Sanitation District suggests that the Board not approve the project until the Applicant corrects all of the items that require correction by the Monument Sanitation District. Mark Heine of HMS Group (Engineers for this project) stated that they are working on addressing several of the issues set forth in the staff report prepared by Director of Planning and Community Development, Patrick Mulready (i.e., revising and resubmitting the drainage study, obtaining approval of proposed fire hydrant locations and complying with the requirements of the Monument Sanitation District) and they would need approximately one week to ten days to perform the necessary review and corrections. Byler stated that several of the issues in the staff report have already been addressed; also, they have agreed to remedy the problems detailed by the Monument Sanitation District and are working on doing so.

Mayor Tenney questioned why the Board was given the Final Plat maps late Friday afternoon and Byler responded that he only received the request for the maps Friday afternoon. According to Byler, it is not standard procedure to submit another Final Plat map.

John Buckley, Attorney for Applicant questioned Town Attorney Gary Shupp whether it is normal procedure for the Sanitation District to provide such substantive comments and Shupp responded that this is not within the Town's control but it is not unusual for the Board to approve a project subject to specific conditions (and proof must be submitted that the conditions have been met prior to recordation of the plat.) Trustee Morgan asked whether the Town has a procedure to make sure that recommendations have been met prior to recordation and Mayor Tenney responded that he is not aware of such a procedure. Trustee Morgan stated that the reason for the moratorium is so the Town can 'get its act together' with respect to the planning process. Buckley informed the Board that the Applicant would like to be compliant and he suggested that the Town work together with the Applicant and build a checks- and-balances system fair to both parties.

Martin informed the Board that an access permit to Old Denver Road was granted to the Applicant by the Major Thoroughfare Taskforce. Trustee Schutz asked whether the Applicant would install acceleration and deceleration lanes on Old Denver Road and Byler responded that they would do so. Trustee Schutz also questioned whether a traffic study has been performed and Byler stated that this has been done. Mayor Tenney raised his concern regarding El Paso County Department of Transportation's recommendation that the Town annex Old Denver Road (because of the Applicant's large frontage on Old Denver Road.) Byler informed the Board that they are doing upgrades to Old Denver Road based upon the County's specifications. Shupp cautioned that the Town may try to negotiate something with the Applicant but they could not necessarily require additional upgrades to roads (such things would need to be addressed at the zoning stage and not at the Final PD stage.) Mayor Tenney suggested that the Public Works Committee review the Old Denver Road situation and provide the Board with recommendations.

Mayor Tenney questioned item number four under 'Concerns/Issues' of the staff report regarding the discrepancy in the Final Plat and Final PD Site Plan. Martin responded that they do not yet have the final revised PD Site Plan. Mayor Tenney asked the Board whether they would desire to continue this item until this discrepancy has been corrected.

Mayor Tenney opened the meeting to the public for input. There being none, Mayor Tenney stated that the Board now has four options: approve the project with "x" conditions, disapprove the project, continue the project and send it back to the Planning Commission to do a more thorough job or continue the item to another Board meeting. Shupp stated that he would be concerned with sending the item back to the Planning Commission unless if a regulation has not been met. The Board agreed to not send the item back to the Planning Commission. Mayor Tenney suggested continuing the item to the May 15, 2000 Board meeting in order to give the Applicant time to make necessary changes.

Byler urged the Board to approve the project contingent upon specific conditions and designate someone to ensure that all conditions are met. Timing is critical to Byler for approval of the project due to the financial aspect of the project. According to Byler, several of the conditions have already been met and they would have been further along had they been able to reach Mulready. Byler stated that he agrees to all of the conditions and will comply with them, but it would take him about three weeks to one month to be in full compliance. Shupp cautioned that because an applicant has said they will comply does not mean that they will meet all of the conditions; therefore he suggested that the Board make the conditions very specific if and when they approve the project.

Buckley asked whether the number of discrepancies for this project are unusual and Mayor Tenney responded that there are a lot more issues than usual. Buckley asked that the Board take into consideration the Applicant's financing needs and give the Applicant the opportunity to be successful. Mayor Tenney stated that if the Board waits two weeks, some of the conditions will have been met by that time. Buckley asked how many of the conditions must be met by May 15 and Mayor Tenney stated that the Applicant should tell the Board how many they could meet by that time. Buckley stated that the Town needs to have a process that is fair and reasonable and Mayor Tenney agreed to keep the items between the Applicant and the Sanitation District separate, but the Applicant must resolve the discrepancy between the Final Plat and Final PD Site Plan.

Byler stated that he would not have a problem waiting until May 15 as long as someone is made available to answer his questions so he could move forward. Mayor Tenney responded that Town Manager Rick Sonnenburg has many other items to work on. According to Byler, he would need to meet with someone for about half and hour, and Mayor Tenney stated that they could have up to one hour of Sonnenburg's time. Byler asked whether Shupp would be available to meet with them also to address any legal concerns. After a brief discussion, Mayor Tenney stated that the Applicant would meet with Sonnenburg and Shupp on Monday, May 8, 2000 at 1:00 P.M.

Trustee Morgan requested that those items that have been met by the Applicant be clearly put in writing. Trustee Morgan moved to continue the public hearing for the proposed Final Plat/PD Site Plan for the Santa Fe Trails Estates Subdivision on Old Denver Road to May 15, 2000; seconded by Trustee Schutz; motion carried unanimously.

Proclamation

Mayor Tenney read aloud a proclamation designating Thursday, May 4, 2000 as the 49th Annual National Day of Prayer. Mary Moorman, El Paso County Coordinator for the National Day of Prayer expressed her thanks to the Town of Monument for proclaiming May 4, 2000 as a National Day of Prayer.

Approval of Minutes of Meetings

Trustee DeLaney stated that a correction should be made to the Minutes of the April 17, 2000 Regular Meeting of the Board of Trustees to reflect that Trustee John Bailey was present for roll call. Trustee Schutz moved to approve the Minutes of the April 17, 2000 Regular Meeting of the Board of Trustees (with the change as noted by Trustee DeLaney,) the Minutes of the April 21, 2000 Special Meeting of the Board of Trustees and the Minutes of the April 25, 2000 Special Meeting of the Board of Trustees; seconded by Trustee Wilcox; motion carried unanimously.

Town Manager's Report

Sonnenburg reminded the Board that those members who wish to attend the May 20 CML Elected Officials' Workshop should let him know so the reservations could be made by May 5. Trustee DeLaney expressed his desire to attend this workshop.

Secondly, Sonnenburg reminded the Board that CML's Annual Conference will be held June 13-17 in Grand Junction and hotel reservations must be made by May 11. Mayor Tenney stated that he would attend this conference and asked that staff make the appropriate reservations for his attendance.

The next item under the Town Manager's report was a request for $150.00 expenditure for a tree to be planted on the Grace Best School Grounds to celebrate the retirement of Dr. Gennie Garcia. Trustee DeLaney moved to approve this $150.00 expenditure for a tree; seconded by Trustee Wilcox; motion carried unanimously.

Mayor Tenney outlined the request for extra summer part-time help for the Town.

He suggested that the Town pay $7.50 per hour (up to a total of $18,000.00 -$20,000.00) for six high school kids to help with the parks, etc. to free up Public Works employees to perform other important tasks. Trustee Schutz stated that the Cemetery could use the part-time help also. Trustee Wilcox questioned how this would impact the Town's budget and Mayor Tenney responded that there seems to be enough money to allow for this. Trustee DeLaney stated that in the past, the Town used Community Service but it was not very successful. Trustee Smith questioned the insurance liability to the Town should they hire such part-time help and Shupp responded that the Town's CIRSA policy should cover these temporary positions. Mayor Tenney stated that the Town would need to advertise for these positions very soon since school is almost out. Trustee Schutz moved to approve up to $20,000.00 for six seasonal employees to be used at staff discretion; seconded by Trustee Smith; motion carried unanimously.

Regarding the Comprehensive Plan, Sonnenburg informed the Board that they were distributed memos from Planning Assistant Becky King and from Mulready discussing the status of this project. Two consultants have applied to be considered for this project. Mayor Tenney suggested that staff advertise again to allow for a greater selection. Regarding the Steering Committee, Mayor Tenney suggested sending a letter to various groups, such as Palmer Lake, various Homeowner's Associations in Town, the Chamber of Commerce, the Historic Monument Merchants Association, the TriView Metro District, the Fire Protection District, the Sewer District and the School District requesting that one person represent their group on the Committee. There would be a main Steering Committee with four subcommittees (Zoning & Economic Development, Services, Traffic & Utilities.)

Chris Pollard, 1060 South Park Drive asked whether the Town has considered contacting Elizabeth Hacker of El Paso County Planning regarding this Plan. Mayor Tenney responded that the Town's Comprehensive Plan is separate from El Paso County but the Town may want to consider looking at El Paso County's plan. Mayor Tenney asked Pollard whether he would consider being on the Steering Committee and Pollard responded that he would be willing to serve on this Committee. In addition, Katy Page, 252 Front Street and Tommie Plank, owner of the Covered Treasures Bookstore expressed their desire to become members of this Committee. The Board agreed to have these three individuals serve on the Steering Committee (Tommie Plank would serve as a representative of the Monument Merchants Association.)

Sonnenburg informed the Board that he has prepared a three-tiered approach to a policy regarding media contact by staff. Simple and routine items would stay decentralized with the current department head. Other items would be referred to the Town Manager. Those items that are currently routed to the Town Manger would continue to be routed to the Town Manager as well. The Board agreed which this three-tiered approach as suggested by Sonnenburg.

Regarding the Monument Lake/Dam Legislation, Sonnenburg informed the Board that consulting Attorney Shayne Madsen provided a status report (included in the packet.)

Mayor Tenney asked the Board whether he should sign the $6,099.96 check to Water Attorney Bob Krassa and the $12,790.50 check to former Town Attorney James Folkestad. Trustee Smith stated that since these are checks for work already performed, Mayor Tenney should sign them. The consensus amongst the Board was that Mayor Tenney should sign both of these checks.

Mayor Tenney informed the Board that the Monument Lake/Dam Legislation, if approved, would not give the Town any water rights but would provide the Town with water storage rights. According to Mayor Tenney, water rights allow the use of the water from the reservoir whereas water storage rights allow the storage of water from another source in the reservoir. Currently the Town has no water storage rights in its water system and this right would be a very good benefit to the Town. In addition, Mayor Tenney stated that this legislation would allow the Town to assume the title/ownership of the Monument Lake Dam after El Paso County has helped pay for their share of the dam repair.

Sonnenburg informed the Board that the Santa Fe Trail Pedestrian Bridge Grant Application was ranked in the "low" category by the PPACG's Transportation Advisory Committee (TAC) at the April 14 meeting. (Normally only the "high" ranking projects are funded.)

In addition, Sonnenburg informed the Board that at a recent meeting, several Trustees requested information from the City of Woodland Park regarding their growth management and impact fees. This information was included in their agenda packets. Trustee Schutz voiced her opinion that this information is very interesting and could be beneficial to the Town, and she expressed her desire to discuss it at a later date. The Board agreed to discuss this item further at the May 8, 2000 Special Meeting.

Lastly, regarding the status of hiring a Public Works Director, Sonnenburg stated that a five-member review panel including a representative of the Colorado Springs Public Works Department and of the El Paso County Department of Transportation, the Public Works Directors of Castle Rock and Woodland Park, and Sonnenburg interviewed four candidates for the Public Works Director position. Sonnenburg requested another week to make a recommendation in order to allow him to become more familiar with the top two candidates. Mayor Tenney tabled further discussion of this item to Executive Session, and the Board agreed to allow Sonnenburg another week to make a recommendation to the Board.

Trustee Schutz questioned the status of the codification of the Town Code and Sonnenburg informed the Board that Attorney had been given the documents from the prior Town Attorney. The next step was for Attorney Shupp to prepare 8 -10 Ordinances that must be approved by the Board prior to the project moving forward.

Old Business

Committee Membership

Mayor Tenney stated that currently each Board member serves on at least one Town committee, and he suggested that perhaps the new Trustee could serve on the Police Advisory Committee. In addition, Mayor Tenney informed the Board that Doug Jones, 123 First Street has submitted a letter expressing his desire to serve on the Public Works Committee, and Mayor Tenney resigned his seat on that committee. Trustee Morgan moved to approve Doug Jones to the Public Works Committee; seconded by Trustee DeLaney; motion carried unanimously. Mayor Tenney also suggested that perhaps the Police Advisory Committee could serve as the Town's Liquor Board.

Trustee Smith informed the Board that although she serves on both the PPACG and UAPC, the Town could have another Board member serve on these committees also. Trustee Wilcox questioned whether Town Ordinances specify the composition of Committees. Mayor Tenney responded that last year, the Board discussed having each Committee write its own 'mini charter,' but he is unsure as to whether or not Town Ordinance specifies each Committee's composition. (Staff will research this.)

Street Sweeper Status

Sonnenburg informed the Board that the street sweeper should arrive within the next two weeks. Mayor Tenney questioned whether special licensing is required for street sweeper operators. (Staff will research this.) Cathy Roscio, owner of Scoops of Monument asked the Board whether they would consider offering street sweeping services to a small business owner would be interested in such services for a fee. Mayor Tenney responded that the Town would be willing to coordinate with a business owner regarding this service.

New Business

Sign Ordinances in Historic Monument

Mayor Tenney informed the Board that there seems to be problems with the current Sign Ordinance in Historic Monument; several people (including the Town's Public Works site) are in violation of the Ordinance. Mayor Tenney suggested asking for compliance with the Ordinance and enforcing the Ordinance more strictly in the Fall.

Roscio informed the Board that she was served a legal notice regarding her signs (off her property) and was given 48 hours to comply. According to Roscio, her business was cut in half since she removed her signs, and she has recently spent $3,000.00 on advertising. Mayor Tenney suggested that individuals who wish to put up a temporary sign obtain a permit in order to require that such signs be attractive and to enforce a certain standard.

A lengthy discussion followed. Trustee DeLaney suggested creating a directory sign near Third Street for the businesses in Historic Monument. Plank raised the point that much of the traffic for businesses in Historic Monument is generated by Highway 105 traffic rather than foot traffic and therefore such a directory sign may not be very effective. Page suggested installing a directory sign near the Santa Fe Trail, and Mayor Tenney responded that perhaps such a sign could be located near Second Street and the Santa Fe Trail. Trustee Morgan suggested creating a temporary Sign Ordinance for the summer. Pollard suggested that Roscio attempt to advertise Scoops on the freeway sign which lists several of the food establishments in Monument and Roscio stated that she has tried to do so but was denied a spot because Arby's has taken the last available one.

Trustee Smith suggested that the Board review the current Sign Ordinance. Mayor Tenney stated that for the May 15, 2000 meeting, the Board review two aspects of the Sign Ordinance: to allow for political signs in Town right-of-ways and to allow for a permanent process for business signage, both portable and permanent. Shupp cautioned the Board that if signs are placed in a public right-of-way they could become a liability to the Town.

Old Business

Board Rules and Procedures

Sonnenburg informed the Board that he has included in their packets a 'boiled down version' of rules and procedures from three municipalities. Mayor Tenney suggested that staff type up these rules and procedures and have Trustee DeLaney take them to the CML Workshop which he will attend on May 20 to make a comparison with other municipalities and report back to the Board.

Farmers Market Location

Trustee Morgan suggested using part of Second Street for the Farmers Market because it would bring people downtown and it would provide plenty of parking. Ken Olhausen, Manager of the Monument Farmers Market suggested the portion of Second Street between Front Street and Washington. Trustee Schutz voiced her concern that this could cause people to park in the lot which the Post Office is currently using for temporary parking, and she suggested moving the location a little further down Second Street near Jefferson Street. According to Mayor Tenney, there is an advantage to holding the Farmers Market on Second Street between Washington and Front Street because it would connect two shopping areas (Front Street and the Chapala Plaza) and there would be adequate parking. In addition, using this location would block off only one building, the Cooks Nook, which sells products related to the Farmers Market. Trustee Wilcox stated his opinion that this location would be the best compromise for the Farmers Market.

Trustee Schutz asked about the concerns of Woody Woodworth, owner of High Country Feed & Garden expressed in his letter to the Board dated April 30, 2000. Olhausen suggested that the Town allow Woodworth to have some reserved parking spaces directly in front of his store. John Dominowski of the Farmers Market stated his opinion that the Farmers Market supports the Town's business. Plank stated that the owner of Cooks Nook is concerned about closing off said portion of Second Street for the Farmers Market because Saturday is her biggest business day. Dominowski suggested that those businesses which would be effected by the closing off of Second Street on Saturdays could set up a booth in the Farmers Market to display their products and help draw people to their stores.

There was discussion regarding having the Town pave the alley behind the Cooks Nook in order to encourage people to walk there. Trustee Morgan questioned how much it would cost the Town to pave this alley and Mayor Tenney suggested that this item be discussed at the May 8, 2000 budget meeting. Mayor Tenney directed Sonnenburg to prepare a Resolution for the purpose of blocking off Second Street between Washington Street and Front Street for the Farmers Market.

New Business

Agreement with Law Firm of Whittier, Shupp and House to be Town Attorney

Trustee Morgan moved to approve executing the agreement with the Law Firm of Whittier, Shupp and House to be Town Attorney; seconded by Trustee Schutz; motion carried unanimously.

Acceptance of Letter of Resignation from Planning Commission Member Larry Slaymaker

Trustee DeLaney moved to approve the letter of resignation from Planning Commission Member Larry Slaymaker; seconded by Trustee Schutz; motion carried unanimously. The Board directed Sonnenburg to advertise this Planning Commission vacancy.

Committees' Roles During Moratium

This item was continued to the May 15, 2000 Regular Meeting

Develop Plan to Fill Vacant Seat on Home Rule Charter Commission

Mayor Tenney informed the Board that a Home Rule Charter Commission member has tendered his resignation and the Board must fill this vacancy. The Board agreed to advertise this vacancy as soon as possible and to spread by word of mouth this vacancy in order to have the Board take action on May 15, 2000.

Set Meeting Schedule for May, June, July, August

After a brief discussion, the Board agreed to hold the following meetings:

May 8, 2000 6:30 P.M. Special Meeting (Budget and Police Cars Discussion)

May 15, 2000 6:30 P.M. Regular Meeting

May 25, 2000 5:30 P.M. Special Meeting (Planning Process)

June 1, 2000 5:30 P.M. Special Meeting (Water Issues)

June 5, 2000 6:30 P.M. Regular Meeting

July 3, 2000 6:30 P.M. Regular Meeting

July 10, 2000 5:30 P.M. Special Meeting (Planning Process)

July 17, 2000 6:30 P.M. Regular Meeting

Aug 21, 2000 6:30 P.M. Regular Meeting

In addition, the Board agreed to cancel the June 19, 2000 Regular Meeting as well as the August 7, 2000 Regular Meeting.

Property Maintenance Issues (Junk Cars, Clutter, Weeds, Trash, and Sidewalks)

This item was continued to a future Board meeting.

Review of Post Office Plans

Mayor Tenney informed the Board that he met with Post Office employees and the Post Office's curb comes 12 to 15 feet into the Town right-of-way. In addition, the Post Office will install a left turn lane to the Post Office, and this causes a clearance problem for both sides of the arch. According to Mayor Tenney, the Town could raise the arch, but the problem with this solution would be that there are electrical wires three to four feet above the arch. The second option would be to temporarily remove the arch and to remove the current curb and gutter, allowing room for a fourth lane; the Town may later either replace the arch where it was or move it to a Second Street location once Second Street is extended to Highway 105. Mayor Tenney suggested temporarily attaching the arch to Well #8 facing Second Street. After a brief discussion, the Board agreed that the arch should be removed from its current location.

Liquor License Renewal: Conoco #06400, 534 Highway 105

Liquor License Renewal: Eagle Wine & Spirits, 1060 W. Baptist Road

These items were continued to the May 15, 2000 Regular Meeting.

Regarding the Home Rule Charter, Shupp informed the Board that State Statute requires that they act on the Charter Commission's recommendations within 30 days after they have submitted it to the Board. Then the Board must give notice of election within that 30 days and the election must be held not less than 30 days nor more than 120 days after that notice. Shupp stated that there is also a provision regarding holding a special election close to a regularly scheduled general election; he will provide the Board with a report regarding this at the May 15, 2000 meeting.

EXECUTIVE SESSION

Trustee Schutz moved to go into Executive Session for the discussion of personnel matters, property acquisition and legal issues; seconded by Trustee Wilcox; motion carried unanimously.

There being no further business, at 11:20 p.m. Trustee Schutz moved to adjourn the meeting of the Board of Trustees; seconded by Trustee Smith; motion carried unanimously.

Respectfully submitted,

Audrey Auer

Town Clerk