Fountain resident urges council to fix records access after municipal court conviction

Thomas Costindien, a Fountain resident and property owner, told the City Council on Nov. 4 that he was convicted Aug. 4, 2025, of a land-usability violation and has had difficulty obtaining public records and guidance from the planning department.

“I respect the court's decision and the judicial process,” Costindien told the council, saying he had repeatedly requested sections of the municipal code (he cited “section 17.04 0.09, CMU zoning” and related cross-references) and a transcript of his municipal-court hearing but received no response. He said zoning administrator Christy Martinez told him he must submit a Colorado Open Records Act request for code sections he contends are public law.

Costindien also said city staff would not provide guidance on pursuing a state well permit and that the city had told him he could not build without a certificate of water sufficiency. He called the lack of responsiveness “unacceptable” and asked the council to direct staff to provide accessible, updated municipal code text, timely responses to records requests, and consistent communications about compliance pathways.

City legal counsel later cautioned that public comments about an open municipal-court case are “ill advised” for parties and the city, and said he would check whether the requested transcript had been produced and whether a fee applied. A staff member agreed to follow up on the transcript request and contact the speaker with next steps.

The council did not take formal action during the meeting on the speaker's requests; staff committed to check the availability of the transcript and to follow up with the speaker.