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OCN > 2303 > Monument Town Council, Feb. 6 and 21 – Beacon Lite business withdraws annexation request after concerns from new board

Monument Town Council, Feb. 6 and 21 – Beacon Lite business withdraws annexation request after concerns from new board

By Chris Jeub

Monument Town Council business in February included filling its last council seats and gifting the town staff with additional paid vacation. Resolutions and ordinances surrounding the development of property on Beacon Lite Road were voted upon, reconsidered, and ultimately tabled to alleviate concerns expressed by new councilmembers and neighbors over traffic, safety, and tree removal. The month ended with one of the applicants withdrawing its application, but another very similar application was granted. The council also discussed a controversial bill making its way through the Colorado State Legislature and convened to executive sessions to discuss how to legally proceed with the Dec. 28 investigation report. Refer to the February ((www.ocn.me/v23n2.htm#mtc) and January ((www.ocn.me/v23n1.htm#mbot) issues of OCN for background information on the investigation.

New board members

Seven seats exist in the Town Council, two of which are the mayor and mayor pro tem. Mitch LaKind, formerly a councilmember, was elected mayor in November and newly elected Steve King was appointed mayor pro tem. Of the remaining five seats, Jim Romanello continues to serve out his term and Kenneth Kimple and Sana Abbott were elected in November. Two seats were left vacant from LaKind’s previous seat and the resignation of Redmond Ramos in December.

The Town Council interviewed five applicants for the two positions. Referencing the independent investigation of town management over the Home Rule Charter, Mayor LaKind asked the same question of all five candidates, “Do you believe the Home Rule Charter violates any part of the U.S. Constitution?” All candidates answered “no.”

Above: Deputy Town Clerk Tina Erickson gave the oath of office to two new Monument Town Council members at the council meeting on Feb. 21. (L to R) Marco Fiorito and Laura Kronick were sworn in to fill two vacancies caused by the resignation of Redmond Ramos and the promotion of Mitch LaKind to mayor. Photo by Michael Weinfeld.

Other councilmembers asked questions on how they would handle situations that would come up to the board. Tom Penewell expressed concern with recent yelling and shouting at town meetings but admitted surprise at how little there was this night. Jason Gross expressed the need to get zoning and water right. Roman Peek expressed the desire to keep a small town feel in Monument. Marco Fiorito, who ran for this seat and lost in the November election, and Laura Kronick referenced their previous work with the town.

At the end of the Feb. 6 meeting, Fiorito and Kronick received the most votes from the councilmembers and were appointed to the two positions on the board. They were sworn in on Feb. 21. All seven councilmember positions are now complete:

  • Mitch LaKind, mayor (elected 2022, serving Term 1)
  • Jim Romanello, councilmember (elected 2020, serving Term 1)
  • Steve King, mayor Pro Tem (elected 2022, serving Term 1)
  • Sana Abbott, councilmember (elected 2022, serving Term 1)
  • Kenneth Kimple, councilmember (elected 2022, serving until next regular election)
  • Marco J. Fiorito, councilmember (appointed 2023, serving until next regular election)
  • Laura Kronick, councilmember (appointed 2023, serving until next regular election)

Vacation gift for staff

In January, LaKind offered to gift town staff with two weeks’ paid vacation as amends for “low morale” during December’s independent investigation. Town Manager Mike Foreman brought several suggestions of how to implement this gift while explaining several of the problems associated with it. Questions of administration, fairness, equitability, and whether productivity would remain high were discussed. Public safety for granting free vacation to water and police departments was also a concern.

A total of four options were offered with the strongest recommendation being accepted by the council: Close town hall intermittently (10 separate eight-hour days) and provide Water and Police Department employees with 80 hours of administrative leave with required depletion by the end of the year.

Beacon Lite LLC

On Feb. 6, two resolutions and two ordinances involving the annexation and zoning of Beacon Lite LLC, a commercial property currently part of El Paso County, were opposed by two of the five councilmembers before swaying a third, leaving interim town attorney Robert Cole to encourage the council to reconsider and table the resolutions until the next meeting. Town Planner Shawn Snow presented details of the annexation explaining unanimous support by the Planning Commission and recommended approval by the town staff. Even so, King and Kimple voted against the zoning of the property to Light Industrial (LI), and though Abbott voted for the resolution, she voted against the ordinance.

The vote followed public comments expressing concern primarily over the condition of Beacon Lite Road, which is maintained by El Paso County. A petition signed by 188 neighbors asked the council to consider the overall impact of all the developments along the road, not just one. Citizen Mike Kopycinski, speaking on behalf of the petitioners, expressed that they would also like to see right-turn lanes, sidewalks, the preservation of trees, proper setbacks, minimal heights, and minimal water usage for any new applicant on Beacon Lite Road.

John Clark, the applicant, seemed to agree with these concerns, asking the council to “put pressure” on the county to improve the road. “I understand the concerns,” he said, “but we’re a small 5-acre lot who is getting stuck between a rock and a hard place.” Romanello encouraged citizens to complain to the county rather than deny a business fair use of the property. “I am very empathetic to the problems with the road there,” he said, “but I’m hoping these 188 people call the county and complain,” and added, “why put a stranglehold on a loyal business with something that is a county issue?”

King and Kimple did not vote against the annexation but voted against the zoning. King explained he was fine with the applicant’s use of the property but concerned that it could be sold and used for purposes he didn’t like. “I don’t want to be tied to a rezoning.” Kimple added, “My concern is safety and accessibility; that road is just inadequate.” Though Abbott voted for the first ordinance, she voted against the second without giving a reason why. “[Since] the annexation passed but the zoning didn’t,” Cole explained, “the applicant has the right to pull out.” King asked, “Can we have more discussion on this?” The council then motioned to reconsider and table the decisions till the next council meeting.

An executive session, public hearing, resolution and two ordinances were on the Feb. 21 agenda but removed at the beginning of the meeting due to the announcement that Beacon Lite LLC withdrew its application for annexation into the town of Monument. A reason for withdrawal was not given. Beacon Lite LLC remains in the county.

XL3 rigging

A similar ordinance passed 5-0. Ordinance No. 04-2023 read, “An Ordinance Amending the Official Zoning Map of the Town of Monument Rezoning 5.0 Acres From Commercial Center (CC) Zone District to Light Industrial (LI) Zone District for Property Known as XL3 Rigging Located on Beacon Lite Road Consisting of 5.0 Acres.” Snow presented details of the application.

Like Beacon Lite LLC, XL3 Rigging is a 5-acre parcel located along Beacon Lite Road, presently vacant and zoned commercial with the county, whose applicant would like to develop within Monument like other light industrial properties along the road. The Planning Commission unanimously approved the rezoning of Light Industrial and the staff approved. Brett Leveque of XL3 Rigging explained to the board that the company consisted of six employees with an expected traffic of 30 trips per day. The rigging “provides equipment-moving services to companies throughout Colorado.” The land use would consist of F-150s and small trucks.

Questions from the council led to a disagreement over trees. King asked, “How can we save the trees?” and referenced the town municipal code to give Director Sheila Booth the authority to approve or deny removal of the trees. Kimple added concerns for trees being removed along Interstate 25. LaKind countered, “I’m more concerned about the residents on the west side than what the view is by people driving by at 75 miles per hour on the east side.” He added, “If [the applicant] goes commercial [with the county], they’d be able to take all the trees down.” Kimple did not reply.

Before voting, King explained, “In fairness to the last applicant [Beacon Lite LLC], I am in favor of this project [XL3 Rigging] as it sits in front of us, which is the reason I am voting yes, in that those trees get saved.” The ordinance passed unanimously.

Discussion of state control of local zoning

The council discussed concern over a proposed state initiative to take control of zoning decisions from local municipalities like Monument. King brought up the issue. “There is an agenda from the current governor that wants to increase high-density housing. The biggest problem is [the state] changing the zoning requirements that takes away our local control. We believe in local control, but we need participation from our local community to write letters and push back.”

“It’s the idea of losing local control, which we literally got just a month ago,” LaKind added before asking residents to voice their concerns to their state representatives. Romanello proposed that a proclamation be written opposing the initiative, and to encourage the county commissioners to do the same. Kronick asked, “Is there any type of template we can direct to residents?” King volunteered to draft a template. A citizen asked that the Town Council publish information about the high-density laws coming from the state.

Investigation discussed in executive sessions

Both council meetings in February went into executive sessions to receive legal advice from the new interim lawyer on specific questions relating to the report of investigation findings dated Dec. 28. The report made accusations of impropriety and recommended censuring councilmembers and firing the town manager. Since the findings were released, several decisions were made without legal representation, including moving forward with the elected charter and rescinding the town meetings that publicly discussed details of the investigation. LaKind promised to continue the investigation under his tenure but insisted on setting new legal counsel in place before proceeding. Attorney Cole is advising the Town Council on how to proceed.

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The Monument Town Council usually meets at 6:30 p.m. on the first and third Mondays of each month at Monument Town Hall, 645 Beacon Lite Road. The next two regular meetings are scheduled for Monday, March 6 and Monday, March 20. Call 719-884-8014 or see www.townofmonument.org for information. To see upcoming agendas and complete board packets or to download audio recordings of past meetings, see http://monumenttownco.minutesondemand.com and click on Town Council.

Chris Jeub can be reached at chrisjeub@ocn.me.

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