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OCN > 2406 > Monument Town Council, May 6 and 20 – Disappointment expressed over alleged attorney misconduct and moratorium developments

Monument Town Council, May 6 and 20 – Disappointment expressed over alleged attorney misconduct and moratorium developments

By Chris Jeub

Two Monument Town Council meetings and a press conference held by Mayor Mitch LaKind brought pressing issues to light. LaKind addressed the public regarding ongoing attorney misconduct allegations, providing an update ahead of the investigation’s conclusion. The council meetings were marked by frustrations over an extended moratorium on new land development applications, with both council members and the public voicing concerns. The council also made several proclamations to honor community contributions, discussed updates on local development projects, and announced an extended route for the Fourth of July parade, promising an enhanced celebration for all attendees.

Press conference on attorney misconduct allegations

LaKind held a press conference on May 15 to address developments in an ongoing investigation by the Colorado Office of Attorney Regulation (OARC). The investigation stems from a complaint filed by the Town of Monument against attorney Grant Vander Jagt of the law firm Starzynski Vander Jagt in January 2023.

LaKind outlined that over the past 17 months, the OARC, part of the Colorado Supreme Court responsible for regulating the legal profession, has been investigating allegations against attorneys from Starzynski Vander Jagt. LaKind provided context for the investigation, explaining that in December 2022, some outgoing Board of Trustees members engaged Starzynski Vander Jagt to re-evaluate a campaign finance violation complaint. LaKind explained the initial complaint had been properly cured according to the Fair Campaign Practices Act and the municipal code. However, LaKind claimed the subsequent investigation by Starzynski Vander Jagt exceeded its authorized scope.

In April 2023, incoming Town Council members endorsed a different report based on a separate investigation. They are now exploring ways to retrieve the town’s client file and contest billings for services rendered by Starzynski Vander Jagt. The town has refrained from public comment to maintain the impartiality of the OARC investigation.

Addressing inquiries about an August 2023 IEC complaint lodged against him by departing council members, LaKind described it as “retaliatory.” He claimed that the IEC complaint was “filled with unsubstantiated and inaccurate assertions.” In contrast, LaKind claimed the OARC complaint was supported by substantive evidence.

When asked why LaKind was holding the press conference before the completion of the investigation, LaKind said that the delay in the investigation resulted from Grant Vander Jagt changing attorneys. LaKind defended the town’s decision to file the complaint, action that has cost the town over $100,000, highlighting the attorney’s alleged breaches and the necessity of protecting the town’s interests.

Moratorium update exposes frustrations

Town Manager Mike Foreman presented an update on the temporary suspension of new applications under the Land Development Code, which sparked noticeable frustration among both the council members and the public. The moratorium is set up to run through July 15 to allow time for filling staff positions and handling the backlog of applications.

LaKind questioned the progress, specifically inquiring about the posting for the Planner II position and why multiple positions couldn’t be posted simultaneously. He emphasized that the moratorium has been in place since February and saw no justification for further delays in posting these critical positions. Councilmember Jim Romanello also questioned the progress, warning Foreman that any request to extend the moratorium beyond July 15 would not be supported by him. Public sentiment mirrored the council’s frustration, with developer Tom Blunk expressing disappointment. Blunk highlighted the significant financial impacts of the continued moratorium, stressing that developers have been patiently waiting and urging the council to allow some submissions. He underscored the urgency by stating, “Time kills all deals.”

Foreman acknowledged the backlog, noting that numerous applications are pending and a surge in submissions is expected once the moratorium lifts. But LaKind requested a list of pending projects, pointing out that out of the 30 projects pending at the start of the moratorium, only 10 having been completed. Foreman said developers’ lack of response, not the staff’s actions, contributed to the delays. He also stressed the importance of hiring the right personnel. Foreman stated he would follow the council’s direction.

May proclamations

Several important proclamations were made to honor and recognize various groups and their contributions to the community. LaKind declared the week as Small Business Week, emphasizing the vital role that small businesses play in fostering local economic growth and community development. Foreman proclaimed May as National Cities, Towns, and Villages Month, highlighting the importance of municipalities in providing essential services and maintaining a high quality of life for residents. Foreman also proclaimed Professional Municipal Clerks Week, celebrating the dedication and professionalism of municipal clerks who ensure the smooth functioning of local government operations. Police Chief Patrick Regan declared National Police Week, paying tribute to the bravery and service of law enforcement officers who protect and serve the community, ensuring safety and security for all residents.

Monument Lake Beachfront

Lauren Richardson from Baseline Engineering presented a proposal for the final plat of Monument Lake Beachfront Filing No. 1. The purpose of the plat was to combine several lots and allow for parking permits. Despite a 7-0 recommendation from the Planning Commission and staff confirming the proposal met all review criteria, a question arose from Mayor Pro Tem Steve King regarding the status of Lake Mountain Lane being listed as a private road. This issue remained unresolved during the May 6 meeting. LaKind emphasized that the goal was to combine multiple lots, though the ownership of the road was still unclear. Town staff clarified that while the northern road is private, the town owns the access road. The final plat drawing mistakenly showed the road as private, prompting Romanello to move to defer the decision to the May 20 meeting, which passed unanimously.

Falcon Commerce Center

In another hearing, Richardson presented a final plat for Falcon Commerce Center Filing No. 3, located south of Baptist Road and west of I-25, covering 2.65 acres. The applicant, Kiowa Engineering Corp., received conditional approval pending reviews from the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Staff approved the final plat, and an NES presentation highlighted that the final plat for Filing 2 was approved in October 2022, with plans to extend Terrazzo Drive to improve the south side of Jackson Creek. Concerns were raised by King about the project’s drainage potentially affecting the U.S. Air Force Academy (USAFA). NES acknowledged some confusion but assured that downstream impacts would be reported, noting the need for a detention pond on the south side, though not immediately for this project. The motion to approve this resolution passed unanimously.

Fourth of July parade extension

President and CEO of the Tri-Lakes Chamber of Commerce Terri Hayes announced an update regarding the Fourth of July parade. This year, the parade route has been extended significantly. Instead of its usual starting point near St. Peter Catholic Church, the parade will now commence at Santa Fe and Old Denver Road. This extension adds a considerable length to the route (about three blocks), promising a more extensive and engaging experience for both participants and spectators.

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The Monument 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 meetings are scheduled for Monday, June 3 and June 17. Call 719-884-8014 or see https://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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