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TOWN OF MONUMENT
MINUTES OF THE BOARD OF TRUSTEES
REGULAR MEETING
MONDAY, OCTOBER 2, 2000

6:00 P.M. Board of Trustees Regular Meeting

Mayor Tenney called this Regular Meeting of the Board of Trustees of the Town of Monument, Colorado to order at 6:00 P.M. at the Town Hall. The following Board members were present for the meeting:

TOWN COUNCIL:

  1. MayorTenney
  2. Trustee Delaney (6:14pm)
  3. Trustee Leibovitz
  4. Trustee Morgan
  5. Trustee Schutz
  6. Trustee Smith
  7. Trustee Wilcox

TOWN STAFF:

  1. Rick Sonnenburg, Town Manager
  2. Gary Shupp, Town Attorney
  3. Michael Shoback, Treasurer & Clerk

Also present were:

  1. Mark Ennis (Skateboard Park);
  2. Steve Prudhomme — The Tribune;
  3. John Dominowski;
  4. Erin Randolph
  5. Robert Krassa, Town Attorney on Water related issues;
  6. Ernie Biggs;
  7. John Bailey;
  8. David Youtsey, Fire Chief, Woodmoor — Monument Fire Protection District;
  9. Other members of the Public.

Call to Order, Roll Call, Pledge of Allegiance

Scheduled Guests:

Skateboard Park Committee: Construction Status Report:

Mark Ennis provided the Board with a progress report and project plan spreadsheet; and advised the Board that they were "on track" with their construction plans The concrete slab was poured last week Thursday as planned and they expected delivery of the chain link fence posts and the steel for rail guards tomorrow, October 3rd. The chain link fence fabric would be delivered soon.

Performance problems have developed with the individual who had volunteered to provide the Shot Crete . Since the individual had failed to return phone calls or meet the construction schedule, the Committee had decided to hire the job out. This development could delay the project by 1 week; but that delay is accounted for in the schedule provided to the Board at this meeting

Mr. Ennis requested that the Board expedite the installation of the water meter to be completed before they installed the security & safety chain link fence, (scheduled to be completed in the next ten days). He would prefer that any work on this water issue be done before the fence posts are installed for access issues; however, if necessary, he felt that the equipment could work around the fence posts, (but not around the chain link fencing itself).

He requested that they be allowed to use the Town’s Sales Tax l.D. number to avoid paying sales tax on their purchases. The Town attorney advised that this could be done. The Treasurer indicated that as long as the property being purchased would be owned by the Town that the Town could do this. The Board directed the Treasurer to do so.

Mr. Ennis noted that Peoples National Bank had donated eight Park Benches for use at this location. The Board commended the Bank for their community donation.

Mr. Ennis asked to meet with a Board representative and the Police Chief within the next fourteen days to develop the rules and regulations which would govern the use of the Park. He was advised that the Town Manager would coordinate this meeting; and both Trustee Morgan and Trustee Wilcox agreed to represent the Board at his meeting.

Mr. Ennis asked the Board if their intention was to grade and pave the parking lot using Town staff services. Mr. Sonnenburg indicated that he believed that the Town would use a 3rd party to do the work but would have to do more investigation on the cost to accomplish the needed work and how it should be done.

Mr. Ennis advised that normally landscaping is done after a project is completed. However, due to the need to erect a security fence, the landscaping would be done prior to the installation of the fence to permit greater access by equipment.

The Mayor indicated that he felt this was a satisfactory report by the Committee.

Approval of Minutes for September 18. 2000 Regular Board Meeting:

Trustee Schutz moved that the Board accept the Minutes noted above. The motion was seconded by Trustee Wilcox and the motion PASSED, ( 6 for and 0 against). (Trustee Delaney had not arrived as yet).

Old Business

Ordinance # 3 1-2000 Enacting Enforcement of Fire Lanes on Private Property:

The Mayor asked if this subject had been referred out to the appropriate parties for input. Mr. Sonnenburg advised that the two fire districts and the Police Advisory Committee were in favor of the Ordinance.

Trustee Smith asked why there were no fire lanes in the Town Hall South parking area. She recalled this being a subject discussed by the Board at an earlier date. The Board commented that this was needed due to the lack of parking at Town Hall on Mondays and Thursdays from 11:00 am — 1:00 pm when senior citizens held their weekly lunch at the Town Hall . The Board was advised that this ordinance would permit enforcement action after fire lanes were painted and signage was installed.

Woodmoor — Monument Fire Chief David Youtsey was asked to advise the Board on the physical appearance of fire lanes. He noted that the curb is painted red and signs are installed. He noted that most commercial structures, including retail and food stores in Town, and the local school facilities have fire lanes installed in front of their buildings. However, the curb by fire plugs are not normally painted and do not have signs.

The Mayor asked whether the Fire District should be empowered to enforce violations. The Chief advised that all three fire districts were satisfied with the terms of the ordinance and that it was not necessary to change the language in the ordinance.

Trustee Schutz commented that the Board had enough input on this subject to make a decision on this ordinance.

Trustee Schutz moved that the Board adopt Ordinance # 31-2000. The motion was seconded by Trustee Wilcox . A role call vote was held and the motion PASSED, ( 7 for and 0 against).

Ordinance # 32-2000 Eliminating Requirement for Two-foot Contours on Final Plat:

Mr. Sonnenburg advised the Board that current ordinances require two-foot contours on the preliminary and final plats. The staff, Public Works Committee and Planning Commission were recommending that the zoning ordinance be amended to delete this requirement of two-foot contours on final plats because it adds clutter to the recorded plat and the contours of the subdivision change with any grading. This then will make the recorded plat incorrect. Trustee Schutz moved that the Board adopt Ordinance # 32-2000 The motion was seconded by Trustee Morgan . A role call vote was held and the motion PASSED, ( 7 for and 0 against).

Con tract with Community Matters, Inc. for Comprehensive Plan Services:

Mr. Sonnenburg delivered a revised Scope of Work to the Board and indicated that the cost would be $76,730. An original document noted a cost of $81,400 and Mr. Sonnenburg noted that the final cost had been reduced to $76,730.

The Board asked if this was in the FY 2000 Budget. The Treasurer noted that $35,000 had been budget by the Board for FY 2000. Trustee Smith asked where this was noted in the FY 2000 Budget document and the Treasurer referred her to the Capital Investment Projects section under Planning, (the brown paper). Mr. Sonnenburg noted that a $29,000 Grant had been approved by PPACG for the Plan; and that additional Town funds could be appropriated for the FY 2001 Budget.

The Mayor noted that if the Town were to coordinate its Plan on a regional basis with other entities such as Palmer Lake and Lewis Palmer School District #38, additional grant monies might be available to the Town.

Trustee Delaney indicated that Community Matters would actually reform the Steering Committee. Trustee Schutz asked if they would perform the interviewing requirements on behalf of the Board and was advised that they would handle all of these matters. Trustee Delaney noted that a "technical committee" would evolve to provide technical support to the Steering Committee and the Board; and would most likely involve the Police Advisory Committee and the Town’s consultants for Transportation and other issues.

Trustee Schutz noted that the Town attorney has not had the opportunity to review the contract terms and that she would prefer review by the Town Attorney. Trustee Delaney noted the urgency of moving forward with this project and that the Town was somewhat behind in the process. The Town Attorney indicated that the Board could pass a motion approving the contract subject to his review and concurrence with the terms.

Trustee Wilcox moved that the Board agree to the contract with Community Matters, Inc. and authorize the Mayor to execute same SUBJECT TO LEGAL REVIEW AND AGREEMENT BY THE TOWN ATTORNEY PRIOR TO THE ACTUAL EXECUTION OF THE DOCUMENT. The motion was seconded by Trustee Schutz and the motion PASSED, ( 7 for and 0 against).

New Business:

A. Appoint Mr. Doug Jones to The Board of Adjustment:

The Board was advised that Mr. Jones is currently an Associate Member and this would change his status to a Full Member of the Board of Adjustment.

Mr. Sonnenburg noted an error on the Boards and Committees list which included Lorraine Huff as a member of the Parks and Landscape Committee. She is actually a member of the Board of Adjustment. (This report is being corrected).

Trustee Schutz moved that the Board appoint Mr. Jones as a full member of the Board of Adjustment. The motion was seconded by Trustee Wilcox and the motion PASSED, ( 7 for and 0 against).

B. List of Boards, Committees and Commissions:

Mr. Sonnenburg noted an error on the Boards and Committees list which included Lorraine Hoff as a member of the Parks and Landscape Committee. She is actually a member of the Board of Adjustment. (This report is being corrected).

Mr. Sonnenburg advised the Board that previous Minutes do not reflect the term expiration date when they appoint members to a Board, Committee or Commission. He suggested that the Board do so in the future. Currently this information is not readily available for this list.

Trustee Smith advised the Board that the Baptist Road Rural Authority, (BRRTA), is made up of five Board members, (two appointed by the Town and three appointed by the El Paso County Commissioners). Board members are also sitting Board members of their own governmental entities.

Trustee Schutz suggested that setting a term expiration on some appointments could result in a vacant seat once the term expired if there were no other individuals willing to assume the appointed seat. She noted that this would be particularly true with the Cemetery Committee.

The Mayor suggested that this subject be addressed at a future date after the November election on the Home Rule Charter. Mr. Sonnenburg was directed to schedule this as a future agenda item after that date and after receiving individual input regarding member term expirations from each Board, Committee and Commission.

C. Committee Reports

PPACG:

Trustee Smith advised the Board of her role as the appointed representative to PPACG and UAPC, (which have combined meetings). She noted that she serves at the pleasure of the Board and could be replaced if the Board wished to do so. She advised that if the Board wished to replace her on this Board it would be best to do so after December 2000 since she is also the Board Secretary. She noted that PPACG meets at 9:00 am on the 2nd Wednesday of each month at their Colorado Springs office.

The Town Board commented that Trustee Smith was doing a great job for the Town on these other Boards and indicated that they would prefer her to remain as the appointed representative unless she wished to step down

CEMETERY:

Trustee Schutz asked the Town Manager to mail a copy of the Cemetery Budget to each of the other two Committee members before scheduling a meeting on the subject.

BRRTA:

No report was given.

D. Liquor License Renewal for Mandarin House Restaurant:

Trustee Wilcox moved that the Board Renew the above Liquor License. The motion was seconded by Trustee Schutz and the motion PASSED, (L for and 0 against).

E. Liquor License Temporary Transfer from The Mug to the Broiler Room:

The Town Attorney advised the Board that new legislation enacted three years ago permitted the Board to grant a temporary license under these circumstances. Trustee Schutz moved that the Board Grant a Temporary Extension of the above Liquor License. The motion was seconded by Trustee Wilcox and the motion PASSED, ( 7 for and 0 against).

Payments — Excess of $5,000 Each — Mayor Signature Authorized:

The Treasurer requested the Board to approve his execution of payments reported to the Board in excess of $5,000 each and listed below.

The Treasurer noted to the Board that the check payable to Liquid Engineering Corp. incorrectly noted the activity as related to the repair of Monument Lake Dam. The activity actually involved the repair of the Town Water Storage Tank.

The Treasurer also asked that the Board include a 5th check in this report which was not available at the time of the Board packet. The Treasurer advised the Board that the check is for a $10,036.00 payment due to the software vendor, (Custom Computer Software), as an initial payment required on the purchase of this Court software which was previously approved by the Board. He noted that the urgency is due to the fact that the payment is due on October 15, 2000 and that a failure to make the payment might jeopardize the grant monies which are funding 75% of the total cost. (The Town’s portion would be 25%)

$ 10,174.40 Mountain View Electric Service for August
$ 30,023.00 GMS Inc. Consulting — Beacon Lite Rd — Fm Jan 00
$ 30,599.00 Layne Christensen CO. Repair of Water Well #1
$ 6,150.00 Liquid Engineering Corp. Repair of Water Storage Tank
$ 10,036.25 Custom Computer GRANT — Court - Due 10/15/00

Trustee Morgan moved that the Board approve the above expenditures. The motion was seconded by Trustee Wilcox and the motion PASSED, ( 7 for and 0 against).

Town Manager’s Report:

• Mr. Sonnenburg informed the Board that the Police Department Monthly Activity Reports were included in their Board Packet;

Trustee Schutz noted that a 3rd of the officer activity involved discretionary patrols. She also indicated that the information contained in the report was what she had been looking for. She further noted that she would like to be able to look at a report on any specific officer for his/her activity on any given day; and this report seems to do that;

The Mayor asked if the Town Manager was satisfied with the revised report. Mr. Sonnenburg indicated that he was reasonably satisfied.

The Board advised that they would like to see the report organized for:

1) All weeks;

2) Composite for the Officers on each week;

3) Daily activity on the Individual Officer if there was a concern or problem;

4) For the Sergeant, each clerical and for the Chief.

Trustee Smith inquired on how the vehicle maintenance is done on Police vehicle. She recalled that the Public Works Department had performed this service in the past. The Treasurer responded that the Police vehicles were not serviced by the Public Works Department but rather were serviced by a local mechanic shop. Trustee Smith asked if any analysis had been done on whether or not this was cost effective. The Treasurer indicated that a detailed analysis had not been performed. Trustee Smith suggested that this might be discussed at the October 4th Board Budget Workshop.

• Mr. Sonnenburg informed the Board that a list of potential violations of the Town Ordinances and Codes was included in their Board packet. The list includes approximately 50 potential violations for which notice letters were recently sent.

The Mayor noted that he felt Violation #35 was not correct since he has seen the Vehicle moved under its own power and therefore was not abandoned.

• Mr. Sonnenburg informed the Board that he believes he has been able to replace the Assistant Town Manager / Town Planner position with a qualified candidate who was the previous Planner for Teller County and is currently residing in Denver. His name is Mr. Davenport and several Board members recalled hearing the name before.

• Mr. Sonnenburg informed the Board that a list of tasks and timelines was included in their Board packet.

Trustee Smith asked about the status of the Town Financial Audit for FY 1999. The Treasurer responded that we are still waiting for the auditors to perform their on-site work and that he had met with the senior auditor, Jan Thomas, last Monday, September 25th, to arrange for this without success.

The Mayor asked if we needed new auditors who would be more responsive. Trustee Smith and the Mayor asked that Mr. Sonnenburg contact the auditor directly.

Mr. Sonnenburg reminded the Board of the Budget Workshop scheduled for 6:00 pm on Wednesday. October 4th

The Mayor noted that the Board should plan to address some important Capital Project needs and possible funding sources for at least five items:

1) Moving the Public Works site to a new location;

2) Moving the Town Hall Administration to a new location;

3) Moving the Police Department to a new location;

4) Storm Drainage;

5) Pavement of the Alley off First Street.

NEW Additions / Issues added to the BOT Agenda

F. Request for Time Extension on PD Site Plan by Hammers Construction:

Mr. Dave Rose, Project Manger for Hammers Construction Company requested a 60 day extension of their filing date from the October 3, 2000 due date. They indicated that they were not made aware that the Town had changed consultants from Black & Veatch to GMS until September 29th and that this adversely affected their ability to meet the October 3rd deadline.

Trustee Morgan moved that the Board approve the above time extension. The motion was seconded by Trustee Wilcox and the motion PASSED, ( 7 for and 0 against).

Executive Session:

At 7:00 P.M. Mayor Tenney suggested that the Board take a 5 minute recess and then adjourn to Executive Session to discuss legal and personnel matters with the Town Attorney and Town Manager.

John Dominowski asked to be heard by the Board and the Board consented. Mr. Dominowski asked for more detail regarding the subject which would be discussed in Executive Session and referenced a section of a booklet he held issued by the Colorado Municipal League, (CML).

The Board deferred to the Town Attorney. Subsequently the Mayor advised publicly that the Executive Session would include discussion of the potential acquisition of property by the Town in addition to the previously noted subject matter(s).

At that point the public meeting was adjourned by unanimous consensus of the Board and the Board went into Executive Session.

At 10:23 P.M. the Board came out of Executive Session.

Adjournment

At 10:24 P.M. Trustee Morgan moved that the meeting be adjourned. Trustee Smith seconded the motion and the motion passed ( 7 for and 0 against). The meeting was adjourned at 10:25 P.M..

Respectfully Submitted,

Mike Shoback, Town Treasurer/ Town Clerk

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