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Between 300 and 400 people turned out at Lewis-Palmer High School for a presentation of the El Paso County Water Report prepared by the El Paso County Water Authority. Roy Heald of the Stratmoor Hills Water District and President of the water authority opened the meeting, explaining the reason for the report by saying, "before we figure out where we’re going, we’ve got to figure out where we’re at." He also explained that the authority "has no authority" and that at this meeting they could not answer questions about growth.

Bruce Lytle, vice president of John C. Halepaska and Associates, Inc., the consulting company that prepared the report, gave the presentation on the report, first informing the audience that all the slides were available at the county website. Lytle explained the water designations and supply sources in El Paso County. The Denver Basin aquifers provide most of the water for the northern part of the county, and that water is nonrenewable. Water levels are dropping at a rate of 10 to 30 feet per year in the aquifers with the heaviest use. Water conservation and water reuse are two ways to maximize the efficiency of use of these limited water resources. The "ultimate solution," Lytle explained, is to develop trans-basin water supplies - bringing water from the eastern slope to the western slope for example - which would create a win-win situation for the Front Range, benefiting southern and northern water providers. Increased storage and reuse capabilities are also part of the solution.

After the formal presentation, about 60 people stayed to ask additional questions, most of which related to growth. "At what point do we say enough is enough and allow no more people on the property to consume water?" "How can we talk about conservation without talking about growth?" "How many people can be sustained over the long-term with what we have now?" Several people asked the latter question, frustrated that it was not being answered. They said these numbers would be useful information for the county commissioners to plan for growth. About two-thirds of the people who remained for this question-answer session were concerned owners of private wells. Gary Schinderle addressed the group and announced a newly formed citizen advocacy group for Denver Basin aquifers well users called POW, Protect Our Wells. The organization will hold a meeting in early November.

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The entire water report is available on the county’s web site at www.elpasoco.com. It is the first link on the main page under "Current Topics." The executive summary of the report was printed in the September issue of Our Community News.

Gary Schinderle and POW can be reached at 495-1809 or golfenviro@worldnet.att.net.

View photos from the Water Authority Meeting Oct. 2

By John Heiser

On September 21, after almost eighteen months of behind the scenes negotiations and several cancelled appointments for a submittal meeting, a partial application was filed with the El Paso County Planning Department for a Wal-Mart supercenter to be built on the 30-acre parcel on the south side of Baptist Road directly across from the King Soopers. At OCN press deadline, the application was still not complete. For example, the adjoining lot owners had not yet been notified by certified letter as required by the county. . At the September 25 meeting of the Triview Metropolitan District, district manager Ron Simpson estimated that if the issues with the project are promptly resolved and the county commissioners approve the project, the store could possibly open in the fourth quarter of 2003.

The parcel is just outside the limits of the Town of Monument. It was zoned about 20 years ago as R-4. The commercial form of the now obsolete R-4 zone is approximately equivalent to the county’s Planned Business Park (PBP) zone district for commercial uses intended to serve the adjacent neighborhoods. Wal-Mart is considered a "magnet" store, an element of a regional retail center. The required zone for a Wal-Mart supercenter is Planned Business Center (PBC). PBC is the most intense commercial zone in the county code. PBC is two steps more intense and a significant departure from PBP.

History of the Wal-Mart application to the Town of Monument

The Wal-Mart application to the county comes after negotiations with the Town of Monument broke down over the question of infrastructure improvements.

Goldberg Properties, representing Wal-Mart, approached the Town of Monument in about 1998 and submitted an application in mid-1999. The application called for annexation of the 30-acre parcel to the town, zoning to C-1, and site plan approval. The project was scheduled for a March 15, 2000 hearing before the Monument Planning Commission and an April 3, 2000 hearing before the Monument Board of Trustees. Due to a heavy snowstorm March 15, the planning commission hearing was cancelled. The rescheduled planning commission hearing March 27 was not properly announced and so, to avoid a potential legal challenge, Goldberg withdrew their item from the March 27 agenda.

The election April 4, 2000 resulted in a change in the political climate in Monument. The new Monument board of trustees instituted a three-month moratorium on new applications and changed the land use procedure to require all applications to go before the public works, parks and landscape, and police advisory committees before being heard by the planning commission. Previously, the board of trustees held hearings on some projects that had not been reviewed by all the committees. This change in procedure meant the Wal-Mart application had to be reviewed by the public works committee. That committee insisted a plan be presented for making significant improvements to Baptist Road prior to opening the store. Wal-Mart’s position, as presented by Goldberg Properties, was that the town should allow the store to open with minimal improvements to Baptist and then use the resulting sales tax revenue to pay for additional road improvements. That approach was unacceptable to the public works committee, which refused to give a recommendation for approval. In July 2000, Wal-Mart put their application with the town on hold.

A March 30, 2001 article in the Gazette reported that Wal-Mart would not pursue annexation to the town and would instead seek approval of the project by the county. This would require rezoning the parcel from R-4 (neighborhood commercial) to PBC (Planned Business Center) and approval of the preliminary plan and final plat.

A key to the new proposal was that the Triview Metropolitan District would supply water and sewer service. Many in the Town of Monument were under the impression that the Triview district would not supply services to the development unless the parcel was annexed to the town. Goldberg Properties seemed to be under the same impression since they spent several months trying to work out a way to obtain service from the Donala Water and Sanitation District that serves Gleneagle. Due to the distances involved, it would have cost several million dollars to connect to the Donala system. There may also have been some difficulty in obtaining easements needed for the connections. Problems obtaining utility service reportedly held up the project for many months. The Triview district’s current position is that there was never any understanding with the town and there is no reason they cannot supply service to the parcel.

As reported in the September 7, 2002 issue of OCN ("Triview metro board authorizes PIC for Wal-Mart"), on August 28, the board of the Triview district unanimously authorized creation of a private, non-profit Public Improvement Corporation (PIC) to finance the infrastructure improvements required for county approval of the Wal-Mart application. Since the PIC was authorized by a public entity, it can issue tax-exempt debt.

In the proposal to the Town of Monument, the town and the Triview district would have each gotten half of the 3% local sales tax collected on taxable items sold at the store. Goldberg has estimated that the local sales taxes collected by the project would be about $1.4 million per year based on initial annual sales of about $45 million. The county gets the same sales taxes regardless of whether the store is built in the Town of Monument or not. With the current plan to seek county approval, the Town of Monument would not receive any tax revenues from the store and would suffer tax losses from reduced sales at Safeway, King Soopers, Brookhart’s, the Texaco/Shell and Total stations, and the other stores in the town. Representatives of Goldberg Properties have admitted that it is likely that many of the local small businesses will close.

According to Triview district attorney Peter Susemihl, through a contractual arrangement, the Wal-Mart PIC would "receive a 3% retail sales fee basically in perpetuity from sales at the store." It would use half of the fee to pay off the infrastructure bonds and would pay the other half of the fee to the Triview district. When the infrastructure bonds are paid off, Susemihl said Triview would receive the entire 3%.

Susemihl estimated that approximately $3 million in bonds would be needed to make the required improvements to Baptist Road and Jackson Creek Parkway and the bonds would be paid off in three to five years. Later, Ron Simpson, Triview district manager, estimated it might take five to seven years.

If Wal-Mart were to shut down the store or use it as a warehouse, the fees would stop and the bonds would become worthless. Susemihl said, "I think Wal-Mart will purchase the bonds." In that case, Wal-Mart would receive the tax-exempt interest on the bonds. Such bonds are typically issued at significantly above market rates. Susemihl suggested that Wal-Mart might pledge the 30-acre site to guarantee the bonds.

The proposal is for a 24-hour per day supercenter with a 186,245 square foot (4.3 acres) store encompassing a grocery store, garden shop, and tire-lube-tune-up express. There would be parking for about 960 cars. The store would be at the eastern part of the parcel with the parking lot to the west.

The plan includes two additional lots for satellite retail businesses. Lot 2 (1.4 acres) on the northwest corner is proposed to be a Wal-Mart gas station. Anticipated uses for Lot 3 (0.98 acres) on the southwest corner could be for a fast-food restaurant or bank with drive-through lanes. 

There are proposed to be three points of access to the store. At the western edge of the proposed development, Jackson Creek Parkway is already a full-motion intersection with a signal light. Two entrances to the parking lot would be on the extension of Jackson Creek Parkway south of Baptist Road. The third would be a right-in/right-out directly onto Baptist Road toward the eastern end of the store. 

Drainage from the approximately 25 acres of impervious area would be collected in a roughly 2.5-acre snow storage and run-off detention area on the southeast corner of the parcel. Passive systems including a perforated standpipe are proposed to address water quality issues including contamination with petroleum products from the lube facility, gas station, and vehicles on the parking lot. Those pollutants would be carried into the detention area by storm water. The outflow from the detention area would flow west into a drainage ditch and from there into nearby Jackson Creek and the associated wetlands. 

According to Carl Schueler, Assistant Director of the El Paso County Planning Department, once the application is complete, a minimum of 60 days will be required for agency review prior to holding a planning commission hearing on the rezoning and preliminary plan. After the planning commission renders a recommendation, there must be a minimum 30-day notice prior to holding a hearing before the board of county commissioners. That would mean the board of county commissioners hearing could come as early as December or January. If approved, this would be the only Wal-Mart in El Paso County not contained in a municipality.

Once copies of the full application are available, future issues of OCN will look at a variety of issues including projected traffic impact, potential environmental impacts, and likely impact on local businesses and the Monument tax base.

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For more information on this project and to provide comments, contact Carl Schueler, Assistant Director, El Paso County Planning Department, 520-6300, CarlSchueler@elpasoco.com. Mail comments and questions to the El Paso County Planning Department, 27 E. Vermijo, Colorado Springs, Colorado 80903-2208.

Additional information is available:

View a map showing the location of the proposed store.

Approximately 25 distinguished guests, dignitaries, and interested onlookers met in Monument on September 20 to officially welcome the long-awaited I-25/State Highway 105 interchange construction project. The ground breaking ceremony took place at the Monument park-and-ride, and the featured speakers included State Senator Doug Lamborn, State Transportation Commissioner Dan Stuart, Town of Monument Mayor Betty Konarski, and Colorado Department of Transportation (CDOT) project manager Mark Andrew. The event was moderated by Bob Torres, the Region 2 Transportation Director for CDOT.

Construction on the estimated $27-30 million interchange project has begun and is expected to be completed in the spring of 2005. There will be four phases to the project. Ultimately, these will involve the continuation of the present Jackson Creek Parkway northward from Baptist Road to Highway 105, improvement of the acceleration/deceleration lanes along the I-25/SH 105 interchange, regulation of the traffic flow on Highway 105 between Second and Third Streets in Monument, and the construction of a new park-and-ride on Woodmoor Drive.

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Further information on the I-25/SH 105 improvement project can be found by visiting the CDOT website, www.interstate25.com, or by contacting CDOT representatives Bernie Guevara and Mark Andrew at 719-520-5800.

View photos of the ground breaking for 105 interchange

Triview metro board discusses Wal-Mart, water, and the district’s 2003 budget

The Triview Metropolitan District Board of Directors held its regular monthly meeting September 25. The only Jackson Creek residents in attendance were directors Martha Gurnick and Linda Jones.

Triview District Manager Ron Simpson reported that as noted on page 1 of this issue, Wal-Mart has submitted the first portion of their application to build a supercenter across from King Soopers.

In response to a question from Director Gurnick, Simpson estimated that if the issues with the project are promptly resolved and the county commissioners approve the project, the store could be operational in the fourth quarter of 2003.

Simpson also reported on the efforts of the El Paso County Water Authority. He noted that owners of domestic wells came to the authority’s meeting September 4 and expressed concerns about the potential for their wells going dry in the event the northern water suppliers build a satellite well field and pump water from less dense areas to the higher density areas. Simpson said he thought similar concerns would be raised at the public meeting on the water study scheduled for October 2.

Peter Susemihl, attorney for the district, said, "Under Colorado law, no one has a right to maintain the water level under their property." He said this principle is clear in state law. According to Susemihl, "If your well goes dry, you drill a new well." He said that shallow wells that draw from the Dawson aquifer "may be an issue."

Simpson said the water providers in the northern part of the county are looking at a variety of water sources including the controversial satellite well field concept. Projections show a potentially serious water problem 30 to 50 years from now. According to Simpson, one of the biggest threats is, "If Denver gets serious about going after groundwater."

When Gurnick asked about slowing growth as a way to address the problem, Susemihl dismissed the suggestion saying, "It would be more devastating on the economy than the gas [tap] moratorium."

Simpson noted that the district’s residents are averaging 0.78 acre-feet per year (255,000 gals per year, 21,245 gals per month, 698 gals per day). The average across the county is about one-third of an acre-foot per house per year. Woodmoor residents use about 0.38 acre-feet per year. So Jackson Creek residents are using 2.4 times as much water as average and twice as much as Woodmoor residents. According to Simpson, there is significant excess irrigation as evidenced by the amount of water being carried by the under-drain. This led to a general discussion of possible ways to reuse the runoff including possible injection to replenish the groundwater.

Simpson said the district needs to drill a new well as soon as possible. He said the next well would most likely be into the Denver aquifer. Such a well could supply about 200 houses. To serve 300 to 400 houses would require a more expensive well into the deeper Arapahoe aquifer. Simpson said 910 single-family equivalents have been platted. There are currently 535 occupied houses.

To forestall anticipated questions, Susemihl said, "We have water for Wal-Mart."

Ron Simpson read a memo from Monument Town Planner Mike Davenport giving the status of various land use planning items.

District engineer Chuck Ritter of Nolte and Associates reported that the district’s application for reuse water for irrigation at Creekside Middle School has continued to be delayed. The Donala Water and Sanitation District’s request for reuse water irrigation of the Gleneagle golf course has been combined with the Triview application. Director Perry said, "The delay is unacceptable."

Ritter said a certificate of insurance coverage is being obtained for construction of the railroad crossing for access to the wastewater treatment plan. Once the district has the coverage, work on the crossing can begin. Ritter noted that there are four fiber-optic lines in the railroad right-of-way. If they have to be lowered, the additional cost would be about $15,000 each. Assuming all four have to be lowered, the total cost for the crossing project will grow to more than $150,000. The costs are to be shared by the Triview, Donala, and Forest Lakes Metropolitan districts. $21,000 was unanimously approved as Triview’s portion of the initial funding increment.

The district is awaiting guidelines from the new Federal Homeland Security Administration regarding security issues.

A proposal has been received from Timberline for a $41,000 Supervisor Control and Data Acquisition (SCADA) system to control drinking water treatment at Water Treatment Plant-B. This is like the system the Donala district uses on WTP-A. The proposed system enables remote sensing using 71 sensors and remote control of operations at the plant. Additional research is being done on the proposal.

The board unanimously approved an expenditure of $2,650 for a chlorine analyzer required by the state to monitor chlorine levels in the drinking water.

Simpson reported that there continues to be trespassing on the Preble’s Meadow Jumping Mouse habitat. The areas are surrounded by three rail fences. The district is getting bids on signs that would warn trespassers about fines of up to $25,000 per day and possible imprisonment. The penalties could be levied against the district and its taxpayers.

Simpson reported that he has received proposals for landscape improvements to Leather Chaps from Baptist to Tareva.

The board unanimously approved a $3,224 contract to prepare an application to seek a lottery funds grant from Great Outdoors Colorado (GOCO) to improve the district’s trails. Future GOCO grants may be sought for additional landscaping and trail planning.

Susemihl reported that he met with Classic Homes and they are willing to help organize an effort with other builders to assist with the cost of landscaping improvements. He said they also expressed willingness to help with the restructuring of the district’s debt.

Based on the continued threat of West Nile virus, Simpson reported that the district has placed additional insecticide briquettes in the ponds. The briquettes are intended to kill mosquito larvae and are reportedly effective for about a month. No fogging is planned at this time.

The board approved an increase in the fee for review and comment of plats and building plans from $75 to $200 per lot. If the actual cost is less the excess will be returned to the builder.

Simpson distributed copies of a draft 2003 budget. He identified three variables in the budget:

Simpson noted, "The cost [of using Donala] keeps going up and up and up." He said the cost started at about $50,000 per year and with 535 occupied houses is now about $300,000. Even with hiring a clerk to help with billing and operations, Simpson estimated there would be a savings of about $25,000 to $30,000 per year by eliminating the use of Donala. Director Perry said, "We can’t pass up that savings, it seems to me."

By paying for preparation of Wal-Mart’s water resource report and authorizing formation of a Public Improvement Corporation (PIC) to implement infrastructure improvements and funnel half the retail sales fee back to Triview, the district has done what it can at this point to facilitate the Wal-Mart proposal.

On the third point, the board agreed that regardless of the other factors, the district should hire a clerk.

Simpson said he would update the budget based on the discussion and prepare a plan for transition of the operations and maintenance tasks to district personnel.

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The Triview Metropolitan District Board of Directors meets on the fourth Wednesday of each month, 6:30 pm, at the district offices, 174 North Washington St. The next meeting will be on October 17. Due to conflicts with the holidays, the last two meeting of the year are scheduled for November 20 and December 11.

For further information, contact the Triview Metropolitan District at 488-6868.

In addition to the other regular business at its monthly meeting September 17, the Board of Directors of the Tri-Lakes Fire Protection District heard about the tremendous response to the call for volunteers and the planned comprehensive volunteer training program.

Chip Fleming reported that applications from twenty-four volunteers have been received. He said, "We haven’t had an interview yet we were disappointed with."

Fleming reported preparations for the new class for volunteers are progressing well. He said, "This class is going to set a high standard." Additional classes will be held each quarter.

Treasurer John Hildebrandt noted that some in the Woodmoor-Monument Fire Protection District have mentioned that they need to add volunteers to their staff.

Hildebrandt reported that the district’s expenses are running about 7% under budget as of the end of August. Property tax revenues are projected to increase about 9% next year vs. a yearly increase of more than 20% in recent years. Board president Charlie Pocock said he thought this might be due to the impact of the homestead exemption. The state is expected to reimburse the district for the shortfall due to the homestead exemption; however, Pocock reported that the assessor’s office said the reimbursement might be delayed due to the state’s budgetary problems and the downturn in the economy.

The October 17 meeting will address the district’s budget. Funds for two additional paid personnel are anticipated for January 2003.

Chief Robert Denboske reported that the district has handled 83 responses since the August 27 board meeting for a total of 668 responses so far this year. Two additional Explorer Scouts have been added to the roster bringing total personnel to 48.

The chief reported that the Karval Community Fire Department in Lincoln County accepted donation of Rescue 1, an excess, underpowered pumper truck with a three-man cab. Denboske said, "We told them all the problems [with the truck] but they were happy." The Karval department has four vehicles they built themselves.

The chief reported the Tri-Lakes district has supplied information to the sheriff’s office to update the 9-1-1 response matrix for automatic mutual aid with the other fire districts in the North End Group of fire chiefs.

Denboske reported that the planned Lewis-Palmer school site in Walden is not currently in a fire district. The architects for the project say they will not build the school until it is included in a district. A motion was unanimously passed authorizing the chief to commit to provide service to the school site.

The chief reported that there were ten attendees at the Firefighter I training conducted in Palmer Lake. Joint Firefighter II training with the Black Forest district is planned for early fall.

Emergency Medical Services Manager Ron Thompson reported that the district received an extensive presentation on an EMS software package that automates billing and report writing. Thompson said, "The [district’s] present system is very antiquated." There is an April 2003 deadline for electronic billing to Medicare.

Thompson reported that the district participated in a Colorado Springs-wide disaster preparedness exercise August 28. The district’s role was to assist hazardous material decontamination at Memorial Hospital. Thompson said, "This was a good learning experience for everyone. It helps with training for I-25 and railroad hazmat incidents."

Pocock reported that the working group, composed of two representatives each from the Palmer Lake Volunteer Fire Department, the Tri-Lakes district, and the Woodmoor-Monument district, has been meeting regularly with a goal of implementing some form of unification in January 2004. He said, "We are making giant strides." Noting the alignment with the Woodmoor-Monument district on pay scales, policy and procedures manuals, and accounting structure, Pocock added, "I have some fear that we may be moving too fast." He added that he thought the unification schedule was too ambitious. "We need to tend to business," he said, referring to the need to keep each of the districts running smoothly during the transition.

Hildebrandt added that a common chart of accounts has been agreed. A motion was unanimously passed to switch to the accounting program Quickbooks Pro. This is the same program favored by the Woodmoor-Monument district and is also used by the Black Forest and Donald Wescott districts.

Pocock said the working group is in the process of selecting a law firm to work on the legal issues surrounding unification of the districts.

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The Tri-Lakes Fire Protection District board normally meets at 7 pm on the third Thursday of each month at the district firehouse, 18650 Highway 105 (near the bowling alley). The next meeting will be held October 17.

For more information, call Chief Denboske at 481-2312.

View a recent photo of the TLFPD Board of Directors

Palmer Lake Fire Department open house October 5

On Saturday, October 5, from 10 am to 3 pm, the Palmer Lake Volunteer Fire Department is hosting an open house at the fire station. This is your chance to see a Flight for Life chopper! Activities and refreshments are planned for children and adults, although the children’s activities sound like the most fun. Adults can get free blood pressure and glucose checks, while kids can jump on the spacewalk and climb on the new fire truck. Now, which would you rather do? Spacewalk vs blood pressure check, let me think….

Children can become junior firefighters, receiving a fire hat and certificate, by attending the fun Junior Fire Academy. For $3, you can get a Polaroid picture of you or your child on the fire engine. So, maybe adults are allowed to climb on the fire truck after all. Come on down for fun, food, and interactive demonstrations. Update: The famed fire station elk head has vanished! Chief Lokken received a ransom note demanding $1,000 at the open house for the return of the elk head. We’re talking about a valuable relic here, folks. According to former fire fighter Harry Krueger, the elk was bagged around 1944 by Byron Medlock, first fire chief of Palmer Lake. Chief Medlock gave Bosco, as the elk was named, to the fire station. Save Bosco! Come to the fire station open house on October 5.

In July 2002, the Emergency Services Education Consulting Group (ESECG) presented their final report on the feasibility of merging the Palmer Lake, Woodmoor-Monument, and Tri-Lakes Fire departments. The study group concluded that a merger is feasible and they proposed several steps to more closely align the three departments, should the Town of Palmer Lake Town Council and two fire protection district boards decide to go ahead with the merger. Since receiving the final study report, joint meetings have been held, sub-committees appointed and progress made on the functional or administrative alignment of the three departments. Once the functional alignment tasks are completed, work will start on the operational alignment. This is one of a series of articles to inform Tri-Lakes area citizens of the status of this project.

The three boards have agreed on a Joint Resolution and established common goals and objectives. Each board has appointed two members to work together as a Joint Working Group (JWG) to further define and track progress in achieving the objectives. This JWG has appointed an Operations Sub-committee consisting of the fire chiefs of the three departments.

The ESECG study also made recommendations to each fire department. The JWG is tracking progress by the departments in implementing these recommendations.

The Personnel Policies Manual recommended by the Special Districts Association has been adopted and modified by the WMFPD and TLFPD. The two manuals are now under joint review by all three departments. Once a common manual has been adopted for the paid staff, this effort will be expanded to include a common manual for the volunteers.

The Tri-Lakes district’s board of directors has approved and adopted the Woodmoor-Monument Pay and Allowance Schedule for paid members. A uniform Pay and Allowance schedule is essential to a merged single district.

The Woodmoor-Monument and Tri-Lakes boards have recently adopted a common accounting system and chart of accounts to be effective in 2003. Thus, in the event of a merger, the budget line items will be the same and both districts will be familiar with the accounting system.

Progress is being made on selecting a legal firm experienced in special district mergers to advise the JWG from a legal standpoint on the best of the three alternatives to achieve a merger. Consolidation, inclusion and formation of a fire authority are the methods provided for under Colorado statutes and each method has distinct advantages, disadvantages and risks.

The TLFPD is in the process of selecting an electronic report writing and billing system for its ambulance service. Medicare and most insurance companies will require electronic billing in a specified format by April 2003. It is anticipated that a merged district will also use this system.

The Donald Wescott Fire Protection District, which shares a long common border with Tri-Lakes Fire Protection District, has been invited to provide an observer to the JWG and has accepted. The decision as to whether or not the DWFPD will be a party to any merger is still an open issue.

A great deal of time and effort is going into the plans for a merger, which is important to the future of emergency response capability in the Tri-Lakes area. At the same time, our primary goal remains that of providing the best possible fire, rescue and emergency medical assistance to our respective citizens and taxpayers on a daily basis.

District 38 School Board Report: Superintendent Bauman to retire, BRRTA fee rejected

Dwight "Ted" Bauman announced that he will retire at the end of this contract year, June 30, 2003. Of his thirty years in public education, fifteen have been spent in district 38. He came here in 1988 to open Kilmer Elementary School. He was named assistant superintendent in 1991, and was hired as superintendent in 1998 when Dr. Dallas Strawn resigned to take a position in Cherry Creek School District. He spoke of his pride in having worked in "one of the premier school districts in this nation," and credited his success to the board, administrative leaders, the teaching and support staff, and gave special thanks to his secretary, Joanne Jensen. The school board will discuss plans for a superintendent search in the near future.

The board is considering whether or not to change its membership status with Pikes Peak Board of Cooperative Educational Services. PPBOCES provides most of the special education services to its member districts. By having an enrollment of over 4,000, or by having more than 400 special education students, a district may elect to become its own administrative unit; district 38 qualifies on both counts. There are financial implications, and this item will be further discussed at the October meeting. If the board decides to move to an associate member status, application must be made to the Colorado Department of Education and PPBOCES by November 1; if accepted, the status will become effective for the 2003-2004 school year.

Kelly Dude, attorney for the district, presented historical information concerning a disagreement the district has with the Baptist Road Rural Transportation Authority. In December 2000, BRRTA’s attorney advised the district that an impact fee of $1.00/square foot (over $100,000) was being assessed against the new Creekside Middle School in Jackson Creek. BRRTA states that the "rationale for imposing impact fees was to have development pay for the cost of improvements on Baptist Road that are necessitated by the development as it occurs." The school board has taken the position that the district did not create the growth that necessitated the improvements to Baptist Road, but rather responded to growth by building the school; that the voters did not approve this expenditure of tax dollars when they approved the bond issue for building the new middle school; that the school district is totally supported by tax dollars; and this "fee" is an unauthorized attempt to collect tax dollars from the patrons of the district; and that such a "fee" would result in double taxation of some of its patrons, while taxing others that do not use Baptist Road at all.

Glenda Smith, trustee of the Town of Monument and a member of the organizing BRRTA board of directors, and (retired) Colonel Phil Weinert, one of two voters that originally approved the formation of BRRTA, were in attendance. Neither of them recalled that schools were intended to be impacted by fees imposed by BRRTA. Former Monument Trustee Dr. Lowell Morgan pointed out that the Monument Board of Trustees passed a resolution (#13-2001) in March 2001, supporting the school district’s request for BRRTA to "waive, exempt, or restructure retroactively the special assessment on non-profit organizations including the new Jackson Creek Middle School." Two of the five-member BRRTA Board must be Monument trustees, and since a "super-majority" is required for action by BRRTA, he questioned whether that resolution would need to be rescinded by the present board of trustees in order for the current BRRTA board to proceed with this action.

School board member Tommie Plank adamantly spoke against negotiating the fee to a lesser amount, saying she believes to do so would set a dangerous precedent. She further advised that future district 38 boards should carefully consider the wisdom of building any new schools, or expanding existing schools, in Jackson Creek or other developments that may at some time be taken into the BRRTA boundaries. The board asked Mr. Dude to meet with Superintendent Ted Bauman to draft a response to BRRTA.

The Board approved a Performance Solutions Contract with Siemens Building Technologies, Inc. and Hagen Design for district-wide energy and renovation projects. This is a nearly $3 million upgrade across the district, with the major projects including lighting district-wide, cooling at Lewis-Palmer Elementary, and renovation at the central administration building. Consideration is being given to expanding the project to fully renovate the administration building as well as construct a new transportation facility. These items will be further discussed and considered for approval at the October meeting.

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For further information on any of these topics, contact Lewis-Palmer District 38 at 488-4700.

School board meetings normally are held on the third Thursday of each month at 7 pm at the administration building, 2nd and Jefferson in Monument. The next meeting will be held October 17.

Palmer Lake dedicates new town building September 14

Helen Lucinda Owen was born November 5, 1914 and died February 10, 1998. As part of her legacy, this long-time Palmer Lake resident left $136,000 to the Town of Palmer Lake. The Lucy Owen Gift Committee was formed in November 1998. This committee decided to give a portion of the gift to Tri-Lakes Center for the Arts, a portion to help save Ben Lomond Mountain, and a portion to build a new municipal building. A feasibility committee formed in February 1999 to study the options for a new building. During the summer of 2002, a modular building was installed and town employees moved out of their cramped quarters in the old town office building, leaving it for use of the police department.

The new Lucy Owen Municipal Center was dedicated on September 14. At the ribbon-cutting ceremony, Mayor Nikki McDonald read a poem, written by her husband, which included these words: "She was a woman of love and caring, Her lifelong trait was her endless sharing. To Palmer Lake she gave from her heart, For hers was a passion for children and art…Thank you, Lucy, for all you’ve done. You’ll remain in our hearts for years to come." Our community thanks Lucy Owen. Her legacy lives on.

View photos of the dedication of the new Palmer Lake Town Building

Melissa Wetzig of RTW Professional Engineers and Consultants, Inc. discussed the current status of Palmer Lake’s water supply system according to the RTW report. Wetzig emphasized the need to look for renewable water sources. Deep aquifers such as the Arapahoe and the Denver are not renewable. Those are the aquifers into which the town’s wells are drilled. Wetzig said the town would have to look at water restrictions next summer, as basically the town is tapped out. Trustee Eddie Kinney questioned RTW’s figures. "I’m not in favor of not issuing water taps," said Kinney; "It’s a big loss of revenue." Wetzig replied, "These numbers show that you’re right where you should be. If you add taps, the picture will change."

Water: Trustee Chuck Cornell noted the static water level of well A-2, the new well in the Arapahoe aquifer, dropped 44 feet since it was first tested. He also reported that the reservoir water level was down over four feet. Cornell estimated at that level the reservoir held about 34 million gallons of water. August water usage for the town was 5.8 million gallons.

Police: Trustee Kinney reported that the new police officer has been busy; 47 traffic citations were issued in August, along with 35 warnings. Four water warnings and one dog citation were also issued.

Parks: Trustee Cindy Allen reported that the Parks Department received two donations. Patty and Mike Brickell donated $100 for Glen Park, and Les Kregar donated $50 for Columbine Park. Allen warned Palmer Lake residents to be careful of bears, which are out and hungry. The cleanup day in Glen Park on August 17 was a big success, with around 40 people participating. Emily Moss from the Student Conservation Association (SCA) organized the event, and Ben Dalrymple provided drinking water to the volunteers. Along with the SCA team of four, the volunteers cut brush and dead trees and hauled it all out in 14 dump truck loads.

Roads: Trustee Randy Jones reported that the town was trying free crushed asphalt received from the Colorado Department of Transportation. He wants a paved wheel chair path to the ramp at the new building. Bob Radosevich, Roads supervisor, noted that George Reese’s well is on line and he has offered the town water for roads and fire department training.

Mayor’s report: Mayor Nikki McDonald described the new town office building that was paid for by a bequest from Lucy Owen.

Brush cleanup: Bob Radosevich reported the town would be collecting slash during the last two weekends of September. He was investigating the purchase of a chipper at $10,200. Rental for a chipper costs $2,000 for an 8-hour day. There might be a fire-mitigation grant available from FEMA for $5,100 plus a match from the town. The money is in the budget. In three weekends, the slash/mulch site raised $1,300 in cash plus food donations.

The meeting adjourned at 9:20 pm.

Chief Sheldon, Chief of Donald Wescott Fire Protection District, presented a check for $5,000 to the Palmer Lake Volunteer Fire Protection District from Intel Corporation. Some Palmer Lake residents who are Intel employees asked the company if a donation were possible, and it was, said Sheldon.

Palmer Lake Historical Society President Sam DeFelice presented an award to the town for its support of the society in 2002.

The Coleman family presented the town with a framed print for the new town office building. Local artist Pat Manning painted the picture of a train in Palmer Lake. Manning donated the print and the Colemans had it framed.

Bella Panini: Kenneth Trombley and Patricia McClelland were approved for a liquor license and a change in ownership of the restaurant at 4 Highway 105.

Auto Refresh: Nick and Brenda Casale received a new business license for a car detailing business.

Water Issues

Larry MacDonnell reported on ways the town could get funding for water supply issues, flood damage minimization, water quality, and watershed orientation.

Trustee Eddie Kinney presented a report based on figures for water usage from the water department and the report given by RTW at the September 5 workshop. He disagreed with the total water usage per user tap in the RTW report. Kinney concluded that the A-2 well could meet Palmer Lake’s water needs for six months of the year, supplementing the reservoirs. He recommended the town start issuing water taps when the A-2 well comes on line.

Kinney made a motion to go back to normal water rates after the September billing, but the motion was not seconded. The trustees did not want to send a message that there is now plenty of water available to Palmer Lake. They agreed to study the rate issue.

Joint resolution between the Town of Palmer Lake, Tri-Lakes Fire Protection District, and Woodmoor-Monument Fire Protection District

The board unanimously approved the resolution in preparation for the possibility of consolidation of the three fire protection districts.

The board passed a resolution to join the coalition of municipalities in the Adelphia Cable Television bankruptcy court case. The goal of the multi-city effort is to protect the franchise tax interests of the municipalities. Palmer Lake currently receives about $5,000 annually in franchise taxes from Adelphia.

The meeting adjourned at 9 pm.

Monument Board of Trustees meeting September 16

Ms. Suzanne D’Innocenzo of the Historic Monument Merchants Association appeared before the board to announce the Fall Festival and Scarecrow Decorating Contest. The fall festival will take place October 5, 2002, from 10 am through 4 pm.

Emergency Ordinance #17-2002, adopted in June, enacted a ban on open fires. The state and El Paso County have suspended their bans on open fires. The board unanimously approved an ordinance that grants the board the authority to suspend or to enact a fire ban by motion. The June fire ban will be suspended on October 24 at 11:59 PM when the new ordinance goes into effect.

Agreement with GMS, Inc. to design Second Street sidewalk

The Colorado Department of Transportation (CDOT) awarded the town an Enhancement Grant for curb, gutter, and sidewalk on the north side of Second Street from Beacon Lite Road east to State Highway 105. Construction is planned during 2003. The total project cost is $143,643. GMS has proposed a design and construction administration agreement not to exceed $28,800. After discussion of several issues, including the design cost, Trustee Glenn suggested continuing the consideration of the agreement until past projects could be examined for cost overruns. Trustee Glenn agreed to do the research, and made a motion to continue the matter until the next meeting October 7. The motion passed six to one, with Trustee George Brown dissenting.

Town Planner Mike Davenport reported the following planning and development activities:

Planning Commission: At its meeting September 11, the planning commission continued the following items to its meeting October 9:

P&L Committee: The Parks and Landscape Committee reviewed the following at its meeting September 10:

Colorado Springs National Bank – The application was received September 6.

El Paso County referral: An amendment to the Struthers Ranch sketch plan for a subdivision consisting of 107.35 acres, presently zoned RR-2 (2.5-acre lots). The proposed development is for 188 single family lots at a minimum of 6,000 square feet and an average of 7,000 square feet each; 8.8 acres of planned business center (PBC); and 42.8 acres of open space, landscape buffer, drainage detention, and habitat preservation. The gross residential density, less PBC uses, is 1.91 lots per acre. The property is generally in the Gleneagle area, east of I-25, just south of Baptist Road.

The meeting adjourned at 8:10 PM.

Colorado 2002 Ballot Issues in a Nutshell

With the hope of making your voting decisions on election day Tuesday, November 5 a bit easier, I have abbreviated the ballot issues, including arguments for and against. For more detailed information on the issues, refer to the blue 2002 Ballot Information Booklet that was mailed to all registered voters, or visit www.state.co.us/gov_dir/leg_dir/lcsstaff/balpage.htm.

Arguments against Referendum E

At a special meeting on September 24, the Palmer Lake trustees voted to cancel ballot issue 2B, occupation tax on lodging, because of confusion in its wording. Issue 2B will still appear on the ballot November 5, but its votes will not be counted. The occupation tax could be a significant source of revenue for the town in the near future, with new inns in the works. A levy of $2 per day would apply to lodging rooms occupied for less than 30 consecutive days.

September 17: The El Paso County Planning Commission recommended approval of three Tri-Lakes area subdivisions: Misty Acres Filing #1, Falcon View, and Hay Creek Ranch.

Misty Acres Filing #1 is the first portion of the 124-acre Misty Acre project to be carried to the final plat stage. The project is east of Monument Hill Road, south of County Line Road, and west of Doewood Estates. Filing #1 covers 35.3 acres and consists of 26 single-family lots with a minimum 1/2 acre each and one multi-family lot. Misty Acres Boulevard would be constructed through the project connecting south to Monument Hill Road. Two road connections to Doewood Estates are part of the plat.

Woodmoor Water and Sanitation has committed to provide water and sewer service. At the preliminary plan stage, the developer, Serenity Ranch, LLC, projected a total of 444 dwelling units (128 single family and 316 multi-family) for final build-out of all filings in Misty Acres.

The final plat for Misty Acres Filing #1 was approved on the consent agenda since no one requested a full hearing.

The commission also unanimously recommended approval of the proposed Falcon View Preliminary Plan and Final Plat with 138 single-family lots on 30 acres. The project is approximately 3/4 mile north of Northgate Road, just south of the Academy View mini-storage, and east of Struthers Road. The surrounding densities vary. To the north, there are lots that average 8,300 square feet. The lots to the east average about 13,000 square feet. To the south, there are townhouses with an average of about 7,500 square feet per dwelling unit. The land to the west between Struthers Road and I-25 is vacant but zoned for commercial development. The lots in the plan vary from 5,000 square feet to over 20,000 square feet with an average somewhat greater than 6,000 square feet.

The Donala Water and Sanitation District that serves Gleneagle has committed to provide water and sewer service for the development; however, since Donala cannot satisfy the county’s requirement for a 300-year water supply, a waiver of that requirement by the Board of County Commissioners will be required if the Falcon View project is to go forward.

In May, the Board of County Commissioners denied a plan for fifteen lots on the 50-acre Hay Creek Ranch parcel. ("County commissioners disapprove Hay Creek Ranch subdivision," OCN June 1, 2002). A major issue was, as the planning department said, "inconsistency with the Tri-Lakes small area plan in regard to density."

The land, located on Hay Creek Road that connects to the western end of Baptist Road, is currently zoned RR-3 (Rural Residential, five acre minimum lot size). The steep terrain with Hay Creek running through the property complicates development.

The revised plan presented to the planning commission reduces the number of lots to ten. The lots would range in size from 4.1 to 7.6 acres with an average of 5.02. Included on the lots is 16.7 acres of dedicated open space, 1/2 mile of creek, and 1/3 mile of access road.

Unlike the hearings on the higher density proposal, no one from the area spoke against the project. Jamie Hull appeared representing the Hull family. Planning commissioner Robert Roulier said to Hull,