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OCN > 2407 > Monument Town Council, June 3 and 12 – Town manager put on administrative leave; debates on lodging tax, sign and gun laws

Monument Town Council, June 3 and 12 – Town manager put on administrative leave; debates on lodging tax, sign and gun laws

By Chris Jeub

In June, the Monument Town Council debated a lodging tax and sign and gun laws. Town Manager Mike Foreman was placed on administrative leave.

June 12 special meeting: Town manager placed on administrative leave

During a special Town Council meeting on June 12, in an executive session held pursuant to Section 24-6-402 (4)(f) and (4)(b) of the Colorado Revised Statutes (CRS), the council discussed personnel matters involving Town Manager Mike Foreman and sought legal advice on specific legal questions related to these matters. Town Attorney Bob Cole was present during these sessions.

Following the discussions, Councilmember Kenneth Kimple recommended that the town manager be placed on paid administrative leave. In the interim, his responsibilities will be jointly handled by Director of Parks and Community Partnerships Madeline VandenHoek and Police Chief Patrick Regan.

The Town Council has issued a press release regarding this decision, emphasizing that it was made with the community’s best interests in mind. Due to the sensitive nature of personnel matters, specific details have not been disclosed. The press release reads as follows:

“After careful consideration and consultation with legal counsel, the Town Council has decided to place the Town Manager on paid administrative leave effective immediately. We have appointed an interim Town Manager to oversee day-to-day operations during this period. We appreciate your understanding and assure you that this decision was made with the best interests of our community in mind. As this is a personnel matter, we will not be discussing specific details at this time. Thank you.”

New lodging tax ordinance discussed

The Town Council deliberated on June 3 a proposed lodging tax ordinance that would impact short-term rentals (STRs) and other lodging within the town. The proposed tax would increase town taxes by a specific percentage on lodging purchases, effective Jan. 1, 2025. The revenue generated would be retained and spent according to voter-approved guidelines.

Councilmember Steve King voiced concerns about public perception, emphasizing, “I don’t want people to think this is a tax they are paying.” Town Attorney Bob Cole confirmed that the tax includes short-term rentals, prompting King to inquire about the current tracking of STRs. Cole confirmed that no short-term rental regulations exist.

Mayor Mitch LaKind pointed out the discrepancies in STR taxes across different cities, noting, “Denver is 11%, Parker is 3%, Colorado Springs is on the low end at 2%. I think we should be 2%.” He suggested the funds be earmarked for municipal park maintenance rather than the general fund. This proposal sparked a debate. King believed the funds could support general maintenance, while Councilmember Marco Fiorito noted a potential issue: “If they go to only the town’s parks, other municipalities’ parks don’t get the funds.”

Planning Consultant Sophia Hassman identified the main sources of the proposed tax revenue as the town’s single hotel and truck stops. Town Manager Foreman raised logistical concerns, stating, “This takes a lot of administrative work, and 2% will probably not bring in what it takes to pull this off. We suggest 5%.” Mayor LaKind recommended a detailed analysis, saying, “I suggest we figure out how much this will actually bring in; also figure out where the funds will go. We come back in a month to decide.”

The council must finalize the ballot question by Sept. 2 to ensure it can be presented to the voters. The next meeting will likely see further discussions and decisions on the specifics of the lodging tax ordinance, including the proposed percentage and allocation of funds.

Lost Island II Final PUD approved

The council unanimously approved Ordinance No. 12-2024, which allows for the final Planned Unit Development (PUD) of Lost Island II, a family-oriented fun center. The approval followed a public hearing on Resolution No. 31-2024, which also passed unanimously, granting the final plat known as Conexus Filing No. 3, a replat of Conexus Filing No. 2-Lot 4.

Julie Esterl from Baseline presented the ordinance and resolution, with John Olson, the applicant and planner, detailing the project. The property, located on the west side of I-25 between the Interstate and Old Denver Highway, will feature an indoor/outdoor recreation center aimed at family fun. The approved plans for Phase 1 include:

  • Four 18-hole miniature golf courses
  • Indoor playroom with inflatables
  • Ninja gym
  • Party rooms
  • 316-space parking lot

Phase 2, which will be developed later, involves the construction of a water park funded by the revenue from Phase 1.

Councilmember Kimple raised questions about operational hours and lighting, expressing concern about the center’s impact during dark hours and its plans to serve alcohol. Olson confirmed that the center would operate from 10 a.m. to 10 p.m. and assured that the owners are mindful of screening and lighting issues. Julie Esterl added that the lights would be turned off at night.

Willow Springs Ranch Final Plat approved

The council unanimously approved Resolution No. 32-2024, which grants a final plat for Willow Springs Ranch Filing No. 2. Lauren Richardson from Baseline presented the resolution.

The council recommended approving the final plat based on its compliance with the Town of Monument’s Land Development Code Section 18.02.260. The approval includes a condition related to future infrastructure developments. During the design phase of a new school site for Lewis-Palmer School District 38, the access from Forest Lakes Drive to Channel Island Drive will be evaluated. If necessary, this intersection may be converted to a right-in/right-out access. The applicant or Willow Springs Ranch Metropolitan District will be responsible for the cost of any required design and construction improvements.

Councilmember King expressed concerns about the safety of having two roads located just 100 feet apart. He pointed out potential issues with fire escape routes and emphasized that the current plans could pose safety risks. Despite these concerns, the council voted unanimously to approve the resolution.

Council reviews Temporary Sign Code

The council reviewed the Temporary Sign Code, focusing on Chapter 18.06 of the Town’s Municipal Code. The code, presented by Town Planner Dan Ungerleider, aims to regulate the design, construction, and placement of signs to safeguard the health, safety, and welfare of Monument’s residents.

The sign regulations have several key objectives. They aim to promote safety by ensuring signs do not confuse or distract motorists, impair visibility, or interfere with traffic. The code also seeks to ensure efficient communication by preventing an overload of messages, thus reducing sign clutter and enhancing the visual environment. Additionally, it aims to protect property values, foster economic development, and assist in wayfinding. The regulations are designed to be fair and consistent, providing residents with ample opportunities to exercise free speech through signs.

During the discussion, King raised concerns about the legality of the sign ordinance, citing a Supreme Court ruling against similar regulations. He expressed doubts about the flexibility for making adjustments. Kimple questioned the need for the study session, pointing out that the previous board chose not to enforce the sign code. He stressed that this topic should have been addressed earlier.

Mayor LaKind agreed, suggesting that unless there was a public demand for changes to the ordinance, it might be best to leave it unchanged. The meeting concluded without any immediate modifications to the sign code.

Firearm ordinance debated

A contentious debate unfolded around Ordinance No. 14-2024, which addresses the carrying of firearms in public spaces, contrary to state directives.

New state legislation aimed at prohibiting firearms in public areas, originally intended to restrict open carry but not to exclude individuals with proper concealed carry permits. Town Attorney Cole highlighted this distinction, emphasizing that the state’s goal was to prevent individuals from openly displaying firearms in public places.

Kimple voiced preference for the state bill, arguing that it enhances safety by designating public spaces as gun-free zones. “I think this is a good bill coming down from the State Capital,” he said.

In contrast, Police Chief Reagan, King, and LaKind advocated for local autonomy in firearm regulations. Chief Reagan noted that properly permitted citizens pose minimal risk and are not the focus of concern; instead, he emphasized the potential threat posed by criminals.

LaKind raised constitutional concerns, arguing against state overreach. “If we allow the state to do this, it overrides the Constitution,” he asserted, reflecting on the broader implications of state-imposed restrictions.

Councilmember Sana Abbott expressed reservations about allowing firearms in public spaces, questioning the necessity outside of law enforcement. “Why do we need to allow people to come in here with a weapon other than our trained officers?” Abbott queried, reflecting concerns over public safety and comfort.

King countered, highlighting the potential consequences of declaring public spaces as gun-free zones. “If this is a known gun-free zone, that makes us a target,” he cautioned, underscoring the potential unintended consequences of restrictive policies.

Ultimately, after deliberation, the council voted 5-2 in favor of the local ordinance, with Kimple and Abbott dissenting.

Final Plat for Zeal at Jackson Creek approved

Resolution No. 04-2024 was unanimously approved, marking a significant step forward for the Zeal at Jackson Creek development project.

The subject property, located in a Planned Residential District with multi-family zoning, sits adjacent to various residential and mixed-use zones in the area. The finalized plat includes critical updates such as a 30-foot right-of-way dedication along Higby Road, expanding its width from 70 to 100 feet along the property’s northern boundary. Additionally, the plat restructures utility easements to better accommodate buried overhead utilities along Bowstring Road.

Town Planner Dan Ungerleider presenting on behalf of the project confirmed that the revised plat met all town planning and engineering standards, ensuring compliance with Monument’s Development Code. Councilmember Jim Romanello sought reassurance that the resolution addressed concerns previously raised by fellow Councilmembers King and Kimple. Ungerleider affirmed that the revised plat accommodated these concerns, prompting approval from the council. The resolution passed unanimously with a 7-0 vote. Mayor LaKind expressed satisfaction with the decision, remarking, “I am glad to finally get this going!”

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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 July 15 meeting has been cancelled. July 2 will be the only meeting in July. 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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