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Monument Hill Sertoma and Serteens collected over $26,000 for the Salvation Army

I would like to thank all of the residents of the Tri-Lakes area that made this Salvation Army Christmas Holiday Bell Ringing a huge success. It is good to see that this area has not forgotten how to care about people less fortunate than themselves. You, the men, women and children of the Tri Lakes area who opened your hearts and pocketbooks to an amazing amount of over $26,000, I thank you!

The mangers of Safeway (Russ Novotny and Doug Jones) and King Soopers (Ken Howell and Butch Quigley) made all this possible by allowing the Monument Hill Sertoma to ring bells at their locations.

Members of the Monument Hill Sertoma, Lewis-Palmer High School Serteens and eight area volunteers contributed 450 hours of bell-ringing at these locations. Thank you all for your outstanding support.

I would also like to thank Sam De Felice and Mike Wicklund, who each day picked up the contributions, counted the money and deposited it in the bank. Your help was deeply appreciated.

Again thank you all!

View photo of Serteen Bellringers

In late August 2002, landowners near the Struthers Ranch parcel were notified that an amended sketch plan has been submitted for that parcel. The parcel occupies 107.4 acres and lies east of I-25, south of the Chaparral Hills, west of Gleneagle, and north of the Academy View and Summer Glen Estates developments. It is currently zoned RR-2, rural residential, 2.5 acre minimum lot size that would allow about 40 single-family lots.

On October 15, 2002, the county planning commission unanimously recommended denial of the revised sketch plan. Planning Commissioner Joe Salute said, "There is inadequate density transition."

On December 19, a hearing on the sketch plan was held before the board of county commissioners. Commissioner Duncan Bremer, commissioner for District 1 covering the northern part of the county including the site of the proposed project, was on a skiing trip. At the conclusion of the hearing, the board unanimously approved postponing a vote on the project until Bremer could review the recording of the hearing and participate in the vote.

On January 2, by a vote of 3-2 the board of county commissioners approved the revised plan. Commissioners Bremer, Chuck Brown, and Ed Jones voted in favor. Commissioners Tom Huffman and Jeri Howells were opposed.

Background

The prior Struthers Ranch sketch plan proposed 50 single-family lots on the north side of the parcel, 75 multi-family units on the south side of the parcel, 13.5 acres of office, and 30.2 acres of open space. 

Water and sewer service to Struthers Ranch is proposed to be supplied by the Donala Water and Sanitation District that serves Gleneagle. On September 19, 2000, by a vote of 7-2, the County Planning Commission recommended denial of the Struthers Ranch request for a waiver from the county’s 300-year water availability rule. During the course of the hearing, Dana Duthie manager of the Donala district stated that the district might have as little as 30 years and probably no more than 156 years of water available to be pumped. On October 26, 2000, the Board of County Commissioners unanimously approved the request for a waiver from the 300-year rule. This action cleared the way for submission of the sketch plan.

On November 21, 2000, by a vote of 8-1, the County Planning Commission recommended approval of the Struthers Ranch Sketch Plan. That recommendation for approval was subject to conditions and notations including requirements that a) Any residential lots on the north boundary must be a minimum size of one-acre and must include at least a one hundred foot setback from the common property line with the Chaparral Hills Subdivision, b) No access through platted road easements in Chaparral Hills were to be allowed, and c) Residential lots in on the north side of the drainage swale must be at least one-half acre in size.

On January 18, 2001, the Board of County Commissioners unanimously approved the Struthers Ranch Sketch Plan but added a condition that the lots on the north side could not be developed until an access north to Baptist Road was available. The latter requirement seemingly stalled the project.

The New Proposal

The revised sketch plan replaces the 75 multi-family units in the south with 75 single-family lots. 113 lots replace the 50 lots on the north side of the prior plan. The total of 188 single-family residential lots would have a minimum size of 6,000 square feet and an average size of 7,000 square feet. The plan also includes 42.8 acres of landscape buffer, open space, drainage detention, and habitat conservation areas; 5.7 acres of Struthers Road; and approximately nine acres of Planned Business Center commercial use.

Representing Struthers Ranch Development, LLC, land planner David Jones argued that taking advantage of the terrain and limiting some lots to single story houses, the increased density would not significantly impact views from adjacent lots.

Jones said the economics of the project would not work with less than 113 lots in the north part of the parcel because the developer will be required by the county to participate in the cost of constructing three-quarters of a mile of Jackson Creek Parkway-Struthers Road. He said, "We cannot pay for that off-site construction with 50 lots. Period. It is just impossible. We are going to have to walk away from it. With 113 lots, we can come close."

Jones’ calculation of the number of lots needed to pay for off-site construction was based on an assumption that the county will pay for a bridge over the Black Forest Creek drainage swale and mouse habitat that bisects the parcel. That bridge is estimated to cost as much as $2 million. According to Carl Schueler, assistant director of the county planning department, the funding request to cover the bridge will be considered in 2003.

Numerous opponents

Falcon’s Nest resident Carla Howerton said, "The property is zoned for 2.5 acre lots and that would be perfectly fine with us." She presented a petition with 65 signatures. Her husband Bill said that 100% of the neighbors are adamantly opposed to the revised sketch plan and signed the petition. He expressed concern for traffic safety and the danger to the many children in the area saying, "Make [the developer] put in another ingress for crying out loud. Some kid is going to get hurt." Noting that the planning commission unanimously voted for denial, he said, "That says something. Make [the developer] go back to the drawing board."

Steve Sery, a member of the planning commission and owner of an adjoining Chaparral Hills lot said, "I am disappointed that Duncan [Bremer] is not here, especially since he is the commissioner for this area." Sery said that many of the current residents were told that if the Struthers Ranch property were developed, it would be with 2.5-acre lots. He said, "Before I bought, I checked with the planning department. It is not unreasonable to expect something less than a 370% increase from the original zoning." He noted that the revised sketch plan is a 50% increase in the number of lots over the previously approved 125-lot plan.

Sery added, "It is not the responsibility of the board of county commissioners to make sure a developer can make a profit. That is a business risk they should have figured out before they came before you the first time. What if this doesn’t work out? Are they going to come back for another 50 lots? You did your job last time and I don’t think you should be asked to do it again just because the developer either can’t make money with the prior plan or sees a way to make more."

Sery later added that even if there are changes to the plan later in the process, approval of the sketch plan will establish the number of lots allowed.

Chaparral Hills resident Greg Dillon added, "That road is going to cost more than they think."

Chris Anderson, also a Chaparral Hills lot owner, summarized the concerns of many on the north side of the project when he criticized the lack of an adequate transition from five-acre lots in Chaparral Hills to a density of six lots per acre in Struthers Ranch. He said, "Let’s look at what is good for the community. They need to come up with a transition like you have tried to lead them to do."

Chaparral Hills resident Dana Kwist said, "When I purchased my land in the early 90’s, Mrs. Struthers used to have picnics and spoke of this being developed as horse habitat. The encroachment on what was to be a horse place has been incredible. You did your work last time. You were very, very generous. Where is this going to stop?"

Gleneagle resident Jim Schwindt expressed concerns about glare from headlights with the close proximity between I-25 and Struthers Road-Jackson Creek Parkway. He also said, "The fine folks of Gleneagle are giving their water to this area." Commissioner Brown said that concerns about water would be addressed later in the process.

Gleneagle resident Ron Overson said, "They have a lack of concern for the forested areas. To have a tree is a precious commodity. It doesn’t sound like they are going to be able to save any of the trees." He also expressed concern about drainage issues and added, "There is no play area for the youngsters."

Jay Lambdon who lives to the east of Struthers Ranch described "canyons" created by storm water and said that more than $1 million will be needed to correct drainage from Gleneagle across this property. Connie Lambdon added, "This is our retirement home. It has that openness and birds and animals that we wanted. Then this is coming in on us." She said she works for school district 20 and expressed concern about school overcrowding saying, "Students are stuffed into every room."

Gleneagle resident Susanne Dempsey said, "I will have four houses backed up right to my backyard." She said the lots to the east of the project are a minimum of 15,000 sq. ft. compared to the proposed 6,000 sq. ft. lots in Struthers Ranch. She said, "This project will have a very negative impact to the community and the wildlife in our area. Within a few years with all the house cats, those Preble’s mice will be gone." Commissioner Huffman quipped, "Don’t get me all excited."

County process

Barry Holmes, county planner for the project, described the sketch plan as a concept review. He said, "We have certainly identified some issues with this proposal." He added, "Often the sketch plan is referred back to in subsequent stages. Many of the more precise aspects including almost all the engineering elements such as street design, grading, drainage will be resolved later." He said, "This is a very complex piece of property from the standpoint of land use and access. There are major drainage questions along this drainage way that are not the responsibility of this owner but will impact this property." Those drainage problems would presumably have to be corrected by the county at taxpayer expense if this project goes forward.

Vote postponed

Commissioner Jones said, "Commissioner Bremer for some reason went skiing today." He then made a motion to postpone the vote on the proposal until January 2. The motion was unanimously approved.

The Vote

When the board reconvened January 2, Bremer made the motion for approval after adding several additional conditions including 50’ setbacks from the east property line and limiting the total number of lots to 180. He said, "I see it as a reasonable accommodation for the neighbors."

Commissioner Brown said, "We need to accommodate affordable housing. It is a necessary evil that we have to live with."

County attorney Michael Lucas noted that since the sketch plan differs significantly from the one for which a waiver of the 300-year water availability rule was granted, another waiver will be required. Ken Rowberg, director of county planning, said that would be addressed at the preliminary plan stage since it was not included in the public notice for the sketch plan hearings.

Commissioners Bremer, Brown, and Jones voted for the motion. Commissioners Howells and Huffman voted against it. The motion passed 3-2.

The next step in the process is submission of a preliminary plan which would be heard by the planning commission and board of county commissioners.

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The planning consultant on the project is David F. Jones, Land Resource Associates, 9736 Mountain Rd., Chipita Park, Colorado 80809, (719) 684-2298, FAX (719) 684-8413.

For more information on this and other projects within the county, contact the planning department at 520-6300 or visit www.elpasoco.com/planning. You may submit comments or questions to the El Paso County Planning Department, 27 E. Vermijo Avenue, Colorado Springs, Colorado 80903.

On December 16, the board of county commissioners voted 4-1 to commence condemnation proceedings to acquire an 80-foot right-of-way easement immediately west of the southernmost 80 acres of Black Forest Regional Park. Commissioners Duncan Bremer, Chuck Brown, Ed Jones, and Tom Huffman voted in favor. Commissioner Jeri Howells was opposed.

The use of eminent domain to obtain land for the extension of Milam Road north of Shoup Road comes as a result of the October 12, 2001 ruling by Colorado Fourth Judicial District Court Judge Kirk S. Samelson: "The proposed extension of Milam Road through the park property for access to the King’s Deer development ... is prohibited." The suit was brought against El Paso County by the Friends of Black Forest Regional Park (FOBFRP) to block the extension of Milam Road through the park. The extenson would provide access to the 161-lot Cathedral Pines project proposed to be built immediately north of the park by King’s Deer developer Dan Potter. The county has appealed Judge Samelson’s ruling.

In 1999, the county acquired the park’s southern-most 80-acre tract of land from the federal government subject to a federal law called the Sisk Act that allows federal land to be conveyed to state, county or city government only if its use does not change. The deed required the county to use the property as a recreational park. Judge Samelson concluded, "…the primary purpose for the proposed Milam Road extension through the park property would be for access to the King’s Deer [Cathedral Pines] development. As such, the proposed road would not be utilizing the park property for purposes for which the park was being used prior to ... 1999." 

In earlier findings in the case, Samelson ruled that no road easements exist along the section line on the western edge of the park. Potter had claimed that if the road through the park was denied he could use existing easements to build a road straight up the section line near several residences.

According to Ken Rowberg, director of the county planning department, at this point, the only way to obtain road easements along the section line would be for the county commissioners to use eminent domain to purchase them from the owners of the adjacent land. The action by the commissioners on December 16 started that process.

The condemnation includes portions of properties south of Shoup Road to enable alignment with existing Milam Road. In all, fourteen separate easements are to be acquired from ten property owners for a total of 7.5 acres.

The commissioners authorized up to $200,000 in county legal expenses associated with the action. According to Bill Lewis, assistant county attorney, additional funds may be needed. The property owners whose land is sought must pay their own attorney fees associated with the eminent domain negotiation and any related court action.

According Lewis, King’s Deer development will purchase the land and construct the road. King’s Deer contributed an initial $25,000 and is expected to provide an additional $105,000.

Lewis said the public purpose was demonstrated by the approval of the Cathedral Pines plan by the county planning commission and board of county commissioners. The approved plan is dependent on construction of the Milam Road extension. Lewis also cited improved access to the existing park and to the 208-acre expansion of the park included as part of the Cathedral Pines project.

Without the extension of Milam Road, the Cathedral Pines project would have to be redesigned to use available access points to several surrounding roads. Many of those roads are in poor repair and in need of design improvements. Nearby residents are concerned that the additional traffic generated by the subdivision would create a hazardous situation on those roads and diminish their quality of life. Improvements to those roads would likely be a condition for approval of the redesigned project.

Attorney Ken Sparks appeared representing FOBFRP. He said, "It is a very special power you have to take away private property and use it for a public purpose. I don’t see anything in the [Colorado] Constitution that says you can sell the right of condemnation to the highest bidder. But for the development and the developer’s cash, you would not be involved in this condemnation. It is not equitable, not fair, and probably illegal. It is a delegation of a sacred power to a private party. Incidental public use of the road doesn’t control over whether this is a taking [of private property rights]. Case law says that if you have other access, you have no right to condemn."

Sparks questioned the urgency of the action. He said, "The timing is dictated by the developer. Where is the compelling public reason? There is clear private reason to not miss another selling season." He added, "People are talking about the budget issue. All of a sudden you can find $200,000."

Sparks also objected to the notification regarding this action. He said the affected landowners had no notice of the hearing until December 13.

Cynthia Miller, a resident on Darr Drive, said, "I found out about this last Saturday [Dec. 14]. You want to take 1.5 acres, which is almost one-third of my property. How angry would you be to lose one-third of your property? It sounds like business as usual. What developers want, developers get." Referring to the residents’ success in court against the county, she said, "This feels like a punitive action."

Dennis Immer, a Milam Road resident, said, "This is an incorrect use of the power you have been entrusted with. It has reduced my faith in my elected officials."

Chris Rodacy, another Milam Road resident, said, "You are putting a road right next to my house. Imagine it is you and your land. Who is going to pay for the decreased value of my land?" He also said that power lines and gas lines must be relocated and rerouting Milam Road to the west will create safety issues.

Clinton Finney, who lives on the southwest corner of Shoup and Milam, said, "The road will be 10 feet from my garage. My grandfather bought this property. You will be removing the most important part, the treed portion, of my property."

Michael Merrifield, recently elected Democratic representative for Colorado House District 18, asked, "Why is there a necessity to work with developers rather than constituents? This shows arrogance and a lack of concern for the voters." Citing the short notification, he vowed to support legislation to "ensure this doesn’t happen again."

Commissioner Bremer responded, "We are very much in touch with the people. The property was posted a week ago. Only 24-hour notice is required."

Merrifield replied, "It is obvious the board has made up its mind."

Amy Phillips, representing the Black Forest Land Use Committee, said a majority of area residents have said putting the road through the park is the better solution [than using the other access roads]. I think you ought to postpone a decision until after the appeal is decided. Why is it so important to rush and do this? You are not forced to do this now. Let the judicial process play itself out." Bremer responded, "The wheels of justice grind very slowly. In my opinion, the appeal will refer the matter back to the trial court. Even if the county wins after all that, I don’t see that we are going to get certainty that we can use out of the appeal. I am very troubled about waiting. The county winds up with an uncertain ability to use the land east of the section line."

Jim Lockhart of the Pikes Peak Sierra Club, said, "Why are we rushing to judgment on this? Why can’t people be given proper notice? You are $750,000 short on the parks budget and now you have $200,000 to spend on this condemnation." Bremer replied, "The money is coming from the road and bridge fund, which can’t be spent on parks."

Bremer cited as an advantage the arrangement with King’s Deer saying, "This is a private source for money rather than having the public pay for it. It doesn’t have to come from taxpayer’s money for us to go forth and acquire land."

Lewis said, "We sought legal counsel. We think this is a lawful, valid, public purpose."

Bremer made a motion for approval, adding, "This is a difficult call. We have the responsibility to make difficult calls. This action just starts the process. There will be ample opportunity to negotiate in good faith. The developer has come forward with a great deal of financial commitment for the appraisal, land cost, and litigation expense. It will provide good public access without burdening public roads that would not be safe. The road needs to go approximately in this location. I hate to use eminent domain. I dislike it intensely."

The motion passed 4-1 with Commissioner Howells opposed. Howells said, "Based on what I have heard today, I ask, Why right here? Why right now? Let us see how the court case comes out. I have never been for eminent domain." She also noted that Bremer and Jones will be leaving the board shortly.

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For more information on this and other projects within the county, contact the planning department at 520-6300 or visit www.elpasoco.com/planning.

The Friends of the Black Forest Regional Park, can be contacted at 495-8570, 495-1809, 3578 East Hartsell Drive #121, Colorado Springs, Colorado 80920, or at www.friendsbfrp.org.

It was expected that the El Paso County Park Advisory Board would offer a recommendation regarding the Baptist Road Wal-Mart proposal at its Dec. 10 meeting; however, Barbara Nugent, Director of the El Paso County Parks Department, informed the board it has no jurisdiction to make recommendations on commercial projects, so the item was removed from the agenda.

Thomas Berg of Berniger, Berg, Diver, Noecker & Wood-Ellis, LLC, made a presentation to the board regarding the use of conservation easements to preserve open space. He said a conservation easement conveys development rights for a property to a government entity or land trust. The IRS has specific rules governing such arrangements to ensure they have a conservation purpose. For example, the natural condition of the property must be documented and then monitored annually. Berg said there are various types of easements. Some prohibit all development. Others allow low-density development such as one dwelling per 35 acres or specify a building envelope in a secluded portion of the property.

The landowner can take the value of the development rights as an income tax charitable deduction. That deduction is limited to 30 percent of adjusted gross income but may be carried forward for up to five years. The value of the deduction is determined by comparing the current use to the value with full development to the "highest and best use." Unique to Colorado and North Carolina is that a state income tax credit can be taken for the value of the easement. As of Jan. 1, 2003, the maximum credit increases to $260,000. The credit is calculated as 100 percent of the first $100,000 in the value of the easement and 40 percent of the remainder, subject to the maximum credit. Development rights to larger tracts can be conveyed in several phases to maximize the tax benefit to the landowner.

Fees for legal work, property appraisal, and documentation of the natural condition of the property can run $20,000 to $25,000 for a property that results in the maximum $260,000 Colorado income tax credit. Berg said land trusts may pay the transaction fees. He said he is presently working on four transactions of that type. Berg noted that as a practical matter, water rights remain with the landowner. Public access to the property is not required.

Nugent added that the benefits to the county are that the easement adds open space without incurring significant expense, the property remains on the tax rolls, and the responsibility for maintenance and annual monitoring stays with the landowner. With tighter governmental budgets, there are limited funds for purchasing open space. Nugent said, "This is a great tool in keeping ahead of development and preserving what people want to leave for future generations."

Cole Emmons, assistant county attorney, discussed the current park and trail provisions in the county’s Land Development Code. He noted that the Falcon’s Nest Filing No. 3 and Falcon’s View developments prompted the current push for fees for urban parks. The developer for those projects was to get credit for constructing playgrounds in the storm water detention areas; however, that plan was abandoned because of construction difficulties and liability issues.

Under the present rules, park fees can only be used for land acquisition, not for development or maintenance of parks. Emmons said, "Revisions may be needed to give more flexibility to the county."

Dan Cleveland, park board chairman, said that at some future meeting he would like the board to discuss the issue of trail connections through commercial developments.

Parks board member Nancy Hobbs asked, "Why don’t we charge commercial developers for urban parks?" Emmons said he did not know. The county parks department oversees regional parks. There remains a question as to who should have responsibility for urban parks. Nugent added that in some instances urban parks were made the responsibility of the local homeowner’s association (HOA). She said that many of the HOAs do not want the responsibility. She added, "No one has monitored the lands that have reverted to the county. There is no tracking mechanism."

Mark Gebhart, principal planner with the county planning department, said he is in charge of the Land Development Code revisions. He said the plan is to complete the revisions within 12 or 13 months. Gebhart said provisions for parks are an important part of the LDC revision and added, "Planners think communities should have urban parks." He also said the planning department wants the LDC to accommodate conservation efforts, including conservation easements and habitat conservation plans, and to include a "beefed up wildlife element."

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The El Paso County Park Advisory Board normally meets the second Tuesday of each month at 1:30 p.m. in the 3rd floor hearing room at the county building, 27 E. Vermijo, Colorado Springs. The next meeting will be held Jan. 14. For further information on the park board, contact Rich Havel of the parks planning staff at 520-6985, richhavel@elpasoco.com, www.elpasoco.com/parks, or board secretary Cindy Olson at 520-6999.

For questions about conservation easements, contact Thomas Berg of Berniger, Berg, Diver, Noecker & Wood-Ellis, LLC, 90 S. Cascade #310, Colorado Springs, Colorado 80903, 475-9900, or tberg@bbdnwe.com.

The park and open space portion of the Land Development Code is at www.elpasoco.com/parks/land_code.asp. The entire current Land Development Code is at www.elpasoco.com/planning/LDC/. Questions and suggestions for improvements to the LDC should be sent to Mark Gebhart, 27 E. Vermijo, Colorado Springs, Colorado 80903-2208, 520-6300, or MarkGebhart@elpasoco.com.

The only Tri-Lakes area item on the agenda for the Dec. 17 meeting of the El Paso County Planning Commission was consideration of the Smith Creek Drainage Basin Planning Study.

The Smith Creek drainage basin covers approximately 3,500 acres (5.5 square miles) in the Northgate and Tri-Lakes planning areas. It extends from near Roller Coaster Road and Higby Road on the north to the Northgate interchange with I-25 on the southwest [See map].

JR Engineering prepared the study, proposed as an amendment to the county master plan, under contract to developer Picolan, Inc. The study recommends that the drainage basin be accepted as a closed basin with no drainage, bridge, or detention basin/land fees required. It also recommends that Picolan construct, without reimbursement, all required improvements except the box culvert at the Northgate Road/Smith Creek crossing.

Interim fees collected are to be disbursed as follows: $7,260 to the City of Colorado Springs for the Northgate Road realignment; $142,494 to U.S. Home; and the balance, approximately $353,781, to Picolan.

The study was approved by the City of Colorado Springs Drainage Board on July 18, 2002, and was adopted by the Colorado Springs City Council, resolution 140-02, on Aug. 27, 2002.

Attorney Ronald L. Roberts appeared before the county planning commission on behalf of Fred and Sue Ladd, who object to the proposed redrawing of the floodplain showing it crossing their property. In a letter, Roberts said the study "appears to misstate the actual drainage for the area to the detriment of the land owners, including the Ladds."

Ray and Carole O’Mara also filed an objection to the redrawn 100-year floodplain map and requested a postponement of action on the study.

The planning commission voted unanimously to continue the item to their Jan. 21 meeting to allow time for JR Engineering to meet with concerned Tri-Lakes residents.

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The county planning commission normally holds hearings on the third and, if necessary, the fourth Tuesday of each month. The next hearing will be held on Jan. 21. The hearings are held in the 3rd floor hearing room of the county building, 27 E. Vermijo, Colorado Springs.

JR Engineering can be contacted at 593-2593 or 4310 Arrows West Drive, Colorado Springs, Colorado 80907. Picolan can be contacted at 381-8441 or 90 S. Cascade Avenue #1300, Colorado Springs, Colorado 80903.

For more information on these and other projects within the county, contact the planning department at 520-6300 or visit www.elpasoco.com/planning.

View a map of the boundary of the Smith Creek Drainage Basin

December 12: School Accountability Reports were issued by the state in December, and District 38 schools once again received high marks. Lewis-Palmer High School, Palmer Lake Elementary, and Monument Academy’s Elementary and 7-9 grades received "excellent" ratings. The rest of the district’s elementary and middle schools received "high" ratings. These reports were sent home to parents prior to the Christmas break.

In the continuing investigation of the future high school, administrators gave a presentation that focused on what District 38 values in the high school experience, and whether those values could be maintained or improved upon in the four scenarios under consideration. These comments were compiled from the input of audience members at more than 20 community presentations last spring. Dr. Keith Jacobus, LPHS principal, explained why, in the class scheduling process, larger numbers of students enrolled in a school allow for a broader curriculum, with more sections of various classes. Four potential boundary options were also discussed, as attendance boundaries would need to be redrawn if the board chooses to build a second high school at Highway 83 and Walker Road. At this meeting, the board also selected the architectural firm of Christiansen, Reece & Partners as the architects for the high school project. At the January meeting, they will present facilities cost comparisons for the four scenarios being considered.

The board approved the 2002-2003 mill levy at 47.937, the same rate as the last three years. The breakdown is as follows:

26.659 mills General Fund Total Program
10.273 mills Override approved by voters 11/2/99
.110 mills Abatement
37.042 mills Total General Fund
10.895 mills Bond Redemption Fund
47.937 mills Total Mill Levy

State law requires that by Dec. 15 the board must set the mill levy for the coming year.

Linda Williams-Blackwell Director of Special Education, reported on the status of the special education program. Currently 409 students, or 7.9 percent of the total District #38 enrollment, receive special education services. This is a .2 percent increase over last year, and does not include 78 students, who are pending evaluations. She provided an update on the progress of the goals and recommendations of the department’s self-study made last year, and also addressed special education CSAP development.

Commendations were presented to Creekside Middle School employees Tracey Lehman, Tina Hackett, Reid Wiecks, and Julie Connally for their help in implementing the ISIS student services program, which allows parents to view their child’s grades online. Rick Tanski of LPHS was recognized for his work on this project as well; he was also commended for his role in getting the "auto dialer" program that allows the school to send mass phone messages to parents about important information or events.

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The next regular meeting of the board will be held on Jan. 16 at the administration building at Second and Jefferson Streets at 7:00 p.m.

Tri-Lakes Fire Protection District board meeting Dec. 19

View a photo of the TLFPD Graduation

At their regular meeting Dec. 19, the Tri-Lakes Fire Protection District Board of Directors discussed a variety of topics including response times, plans for Station 2, and postponement of rate increases for medical services. Directors Gary Morgan and Rick Barnes were absent.

District director and treasurer John Hildebrandt reported that for calendar year 2002 projection he anticipates approximately a $20,000 surplus of income over expenses. He noted that collection of ambulance charges has improved thanks to the efforts of district administrative assistant Paula Abrahamson and Emergency Medical Services (EMS) coordinator Ron Thompson.

Chief Robert Denboske reported the district handled 61 responses since the Nov. 21 board meeting, for a total of 868 responses so far this year. The breakdown of the 61 responses was 24 traffic accidents, 19 medical, 11 fire, 3 hazardous materials, and 4 public assists. Total district personnel stands unchanged at 70.

The chief noted that he had a productive meeting with Dave Ury, Chief of the Black Forest Fire Protection District.

The remaining automatic mutual aid agreements with North Group departments will be restored in January.

Two new employees will be hired in January. Board President Charlie Pocock added that there will then be three paid personnel per shift. He said, "Because of the volunteer staff, there will be seven people assigned per day, seven days per week. We should be able to field four firefighters per engine and two per ambulance. That is going to be marvelous."

The chief reported that the collection of toys for Christmas Unlimited was a great success. Several of the cadets helped by making phone calls and distributing flyers.

Thompson reported that the medical services billing software has been installed and training is scheduled for January 8-10. The first $10,000 cost for the software was paid in 2002. The remaining $10,000 will be paid in 2003 following completion of the training. The associated hardware installation by local company J&L Computers is nearly complete. There is an April 2003 deadline for electronic billing to Medicare.

Thompson noted, "Collecting patient information is a pain in the neck." He outlined some approaches that should improve the accuracy and efficiency in capturing the information.

Thompson reported on an analysis of response times based on the trip sheets for 249 recent calls. Response time was defined as the elapsed time from when the call was received at the station to when personnel arrived on-scene. The response time on the 249 calls varied from about one minute, where a person came to the station for medical attention, to 17 minutes in a case where the crew was coming from another call. In the latter instance, another department was the first responder. The average response time for the 249 calls was 5.85 minutes.

Thompson noted that errors in setting watches created uncertainty in the data. Some improvements in procedures for recording dispatch times and synchronizing watches are needed.

Pocock added that the multi-agency study working group is looking at maximum six-minute and four-minute response times. Hildebrandt said he thought the four-minute response time option would result in too many fire stations being built.

According to Pocock, construction of the planned Station 2 at Roller Coaster and Highway 105 would approximately cut in half response times to the eastern portions of the district. That area accounted for roughly 20 percent of the calls studied.

Station 2

Pocock reported that the district has been looking at possible uses for the existing metal building at Station 2. Initially, it was suggested that Tri-Lakes Cares might have a use for it, but they do not own a parcel to put it on. The district also considered purchasing some land behind Station 1 and using the building for training exercises, but there has not been any response from the landowner. Fire Captain Bryan Jack said the Black Forest district is interested in obtaining the building for use in their training program.

Pocock reported that agreement has been reached with the Great Divide Water Company that owns the well next to Station 2. The district will be allowed to use up to 2 acre-feet per year. Ninety percent of the water used will be counted toward Great Divide’s water augmentation program. The agreement calls for protection of the wellhead and allows for parking near the wellhead by Station 2 personnel.

A 2.5-acre parcel in Palmer Lake currently covered by the Palmer Lake Volunteer Fire Department and the Tri-Lakes district had been proposed for deannexation from the Tri-Lakes district. Pocock reported that, based on discussion with the landowner, the request has been withdrawn.

After holding an executive session to discuss the increases in rates adopted last month for medical services, the board unanimously agreed to postpone until next meeting implementation of the rate increases. At that meeting, whatever increases are approved will be made retroactive to January 1.

Pocock said, "I am deeply appreciative of all the work by board members, volunteers, and paid staff. It is such a pleasure to be associated with this group."

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The Tri-Lakes Fire Protection District board normally meets at 7 p.m. on the third Thursday of each month at the district firehouse, 18650 Highway 105 (near the bowling alley). The next meeting will be held Jan. 16.

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

Triview metro board adopts 2003 budget despite resident concerns about landscaping

The Triview Metropolitan District Board of Directors held its regular monthly meeting Dec. 11. The meeting was held two weeks earlier than usual so the approved 2003 budget could be submitted to the Colorado Division of Local Governments prior to the Dec. 15 deadline. There were several Jackson Creek residents in attendance.

Following a sometimes heated discussion of landscaping, Wal-Mart, and declining market conditions in Jackson Creek, the board unanimously approved the 2003 budget alternative based on a presumption that the proposed Wal-Mart will be built. Specific capital improvement funds for landscaping were not included.

A revised 2002 budget showing total expenditures of $1,494,782 was unanimously approved. According to district administrator Dale Hill, the revisions included an increase in expenditures and $420,000 more in revenue than originally anticipated. The number of building permits issued so far in 2002 stands at 114, fourteen more than projected. Ron Simpson, Triview district manager, said the additional houses produced about $150,000 in additional revenue including tap fees paid to the district.

Simpson distributed copies of a newly revised draft 2003 budget. It included the county assessor’s Nov. 30 report of assessed values in the district and presented four alternatives. The recommended alternative assumes the Wal-Mart store will be approved and the Triview district will continue to use Donala Water and Sanitation to perform operations and maintenance. The Triview district plans to take over billing from Donala in 2003.

The assumption that Wal-Mart will be approved resulted in a projection of $87,807 in additional administrative, legal, financial, engineering, and operating expenses for the district and $229,575 in additional revenues from tap fees and use taxes. Even if approved early in 2003, the store is not expected to open until 2004, so no Wal-Mart retail sales fee revenue was included.

Total revenue to the district with Wal-Mart was projected at $2,246,118. Total expenses were projected at $1,504,735, with the remaining $741,383 going to service the district’s debt, reported to be $22 million.

According to the budget, if the Wal-Mart project is not approved, revenues would be projected at $2,016,543 against expenses of $1,416,928, with $599,615 going to debt service. This may understate the expenses since some services from the district, such as legal negotiation of the PIC agreements, will be needed to support Wal-Mart’s application to the county, even if the project is ultimately rejected by the county or abandoned by Wal-Mart.

Capital projects shown in the budget totaled $345,000 to be paid from an escrow account for the Monument Creek wastewater interceptor. That pipe is needed to supply service to the planned commercial properties to the west of I-25. The project is being developed through an agreement between Triview and the Forest Lakes Metropolitan District. Costs are split between the two districts. The current balance in the escrow account of more than $1 million came from a negotiated settlement with Pinetree Properties.

As reported in the Oct. 5, 2002 issue of OCN, assuming the Wal-Mart is approved, before any more houses can be served the district is requiring that a new well be drilled. A well into the Denver aquifer could supply about 200 houses. To serve 300 to 400 houses would require a more expensive well into the deeper Arapahoe aquifer. The 2003 budget stated that the proposed Denver Well No. 7 was removed from the proposed capital projects because "Triview has not received the necessary commitment for funding required to guarantee its construction."

An additional $164,000 was shown but not assigned or committed for tanks, pump, and metering of reuse water for Creekside Middle School and Creekside Park.

In the 2003 budget, no capital project funding was identified for landscaping.

Simpson reported that Triview submitted an application to Great Outdoors Colorado (GOCO) for a lottery funds grant to improve the Heights Trail and trickle channel landscaping. He said the intent is to apply in 2003 for a $50,000 trails planning grant. Matching funds of $12,500 were included in the approved budget.

G.B. "Steve" Stephenson, vice president of the Heights-Jackson Creek Community Group representing more than 300 of the approximately 550 occupied houses in Jackson Creek, said, "People are thinking of leaving the neighborhood because of appearance." Director and Jackson Creek resident Martha Gurnick added that some houses have been for sale for more than ten months. She said, "The residents are very unhappy."

Simpson replied, "We have made good strides considering we are fighting a drought." Stephenson said, "Residents are waiting on this board’s response. The budget shows token funding for an issue that is paramount in our minds."

Simpson retorted, "What do you want me to cut, water and wastewater?"

Gurnick said, "We are looking at Wal-Mart that we think is going to be there." Simpson added, "If Wal-Mart occurs then the picture totally changes in terms of capital projects and how it happens."

Peter Susemihl, attorney for the district, said to the board, "You can amend the budget at any time. We need to find a way to do this; otherwise you face a spiral effect of a declining neighborhood."

Gurnick said, "It has got to be done. People buy in Gleneagle when they won’t buy in Jackson Creek. The residents want to see green grass. The bondholder can wait while we take care of landscaping."

Susemihl said, "All revenues go to the bondholder except those needed for operations and maintenance. We need to work with the bondholder to put more landscaping into O&M. Give Ron [Simpson] and I until the end of February to work with the builders."

Rick Blevins of Jackson Creek Vision Development Company said, "Give us until February or March. By then we will have a better idea of where Wal-Mart is. If Wal-Mart is looking like it is going to happen, the bondholder may be more willing to look at landscaping."

Gurnick said, "Whether Wal-Mart is there or not, this is something that needs to be taken care of. Revenues are adequate. Maybe they are pointed in the wrong direction. House prices are dropping in Jackson Creek. The neighbors want to know when is it going to be done."

Director and Jackson Creek resident Linda Jones added, "While we are waiting on Wal-Mart, we need to get a plan of what we need to do. We need to see real figures so we are ready to go."

Susemihl said, "Ron [Simpson] and I will come back with costs with and without Wal-Mart." Simpson added, "If we get the GOCO grant, that will make it easier."

Jackson Creek resident Bill Chin said, "Many people are already talking about leaving. Two houses in my neighborhood have been sitting for sale for over a year. Market values are $20,000 to $40,000 below building cost. Some have dropped below $200,000. Wal-Mart is already scaring a lot of people out of here. Five of my neighbors put their houses on the market." He said that house prices in Gleneagle are dropping as well.

Stephenson asked, "Is there any opportunity to increase the O&M line item so funds are there now? Why can’t you amend the O&M line now? Leather Chaps and Lyons Tail is an eyesore."

Blevins replied, "The budget would have to go back to the bondholder for approval."

Gurnick asked, "It still has to meet with bondholder approval?" Susemihl said, "They review and comment. It is your decision."

Jones made a motion to approve the budget and certify the current property tax mill levy at 25 mills. The motion was unanimously approved. Gurnick said the intention is to amend the budget by February to address the landscaping issue. Simpson said, "I wanted to piecemeal [the landscaping] the best I could." A workshop on landscaping was scheduled for Jan. 4, 9 a.m. at the district office.

Susemihl reported that an intergovernmental agreement (IGA) with the northern water providers including Woodmoor, Donala, Monument, and Palmer Lake has been drafted. He described it as "non-binding agreement to study water issues." The agreement will expire on March 31, 2003, unless it is extended. The board unanimously approved the IGA.

Simpson noted that the Academy Water and Sanitation District has dropped out of the group, leaving a total of six water providers.

Kathy Walters added, "I love it when everybody gets together to work for common interest."

Blevins reported that Mountain View Electric has requested an easement for an overhead transmission line heading north from the end of Leather Chaps. He said the overhead line is needed until the right-of-way for the extension of Leather Chaps is finalized, an event he said, "that depends on bonding and development." Blevins added that the cost to build a bridge over Jackson Creek is "pretty expensive."

Gurnick said, "I can just hear everybody screaming."

Board president Kathy Walters said that this approach will save money by deferring a decision on the exact alignment.

Blevins added, "Monument doesn’t allow overhead lines. [Mountain View Electric] will need to get a variance."

District engineer Chuck Ritter of Nolte and Associates reported that there was a meeting on reuse water irrigation at Creekside Middle School and the Gleneagle golf course. Donala agreed to buy a weather station to read evapo-transpiration rates. This is needed to ensure that the irrigation is done at the proper rate so the plants use all the water and there is no runoff or groundwater impact.

Simpson reported that the proposed residential and commercial development north of King Soopers has been reviewed. He said, "They are missing our standards by small margins." He said the project is moving forward. No agreement has been reached regarding drilling of the needed well.

Simpson reported difficulty with Wal-Mart developer Goldberg Property Associates. He said, "It is tough to get them pinned down." Susemihl said he and Simpson have been "trying to set up a meeting with the Wal-Mart people regarding the agreements."

Monument’s Draft Revised Comprehensive Plan

Ron Simpson said revised text for the plan has not yet been distributed. He said, "The map is fine but we need to see the text."

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The Triview Metropolitan District Board of Directors normally meets on the fourth Wednesday of each month, 6:30 p.m., at the district offices, 174 North Washington St. The next meeting will be held January 22.

A workshop on landscaping will be held on Jan. 4, 9 a.m. at the district offices.

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

Monument Board of Trustees Special budget meeting Dec. 11

Trustee George Brown was absent.

Town Manager Rick Sonnenburg recounted that at its December 2 meeting, the board considered approval of the FY2003 budget using three emergency ordinances. These emergency ordinances appeared to pass by votes of 4-2, 4-2, and 5-1. Subsequently, town staff discovered that since all three were emergency ordinances, they needed six votes to pass. So, none of the three actually passed. Town Attorney Gary Shupp referred to a statute section that makes budget ordinances "effective upon adoption." This made passage of the budget in December possible without emergency ordinances.

Tim Schutz, of Pewter Lane, expressed concerns about the budget proposed. Schutz took issue with two items. First, he said the adopting and appropriating ordinances were not fully representing the appropriation of fund balances in all funds—especially the General Fund and Water Fund—because there were not line items in the two ordinances stating such appropriations of fund balances. Second, he said the board, in the FY2003 budget, was proposing to use too much of the fund balances, especially in the General Fund and Water Fund, leaving the fund balances too low.

"You are spending more than $2 million of reserves and not putting it into the budget," Schutz noted. "Previous boards generated $3 million in reserves. This budget proposes to spend two-thirds of those reserves...What if we have a problem?"

Schutz also noted the budget contained $2 million in capital acquisitions just in the water fund alone. "This is irresponsible. This is our money, it’s our neighbors’ money…. Don’t spend $2 million of the town’s reserves," Schutz admonished.

In view of the downturn in the economy and General Fund revenues being down, he objected to the proposal to increase General Fund expenditures 10 percent. Schutz urged the board to "go back and sharpen your pencils. It’s not appropriate to spend $3 million in reserves."

Sonnenburg responded, "The wisdom of spending reserves on capital is always a question." He added that the town needed to drill a new well. "We’ve had a drought and growth. We’ve been saving, saving, saving to do that."

According to Sonnenburg, Public Works Superintendent Tom Wall thought this is the time to drill a new well, "so we don’t have to take extreme measures like asking our residents not to water their lawns." A preliminary estimate for the cost of a new well and treatment plant was $840,000.

Trustee Glenda Smith commented that she thought the water fund was in trouble and that having only $453,000 in reserves in that fund was dangerous. "We need to look at our water fund and keep it healthy," Smith said.

Wall commented that the drilling cost of the well is minimal; the expense is building the treatment plant. Well 8 cost $1.2 million, according to Wall. Trustee Smith also questioned the cost of the administration building proposed for the well 8 site expansion. "Yes, it’s a balanced budget, but it’s how we’re balancing it that disturbs me," Smith concluded. Later, Smith suggested waiting a year before drilling a new well. She also asked to see details about the 3 percent increase in salaries for each employee.

Town Treasure Judy Skryzpek wanted more time to prepare a better response to Schutz’s comments. Mayor Konarski asked if she felt comfortable that the numbers are correct. Skryzpek replied that she did. Mayor Konarski noted, "If we don’t do the capital expenses, we have enough money ‘to run the store.’ The community has saved money to do projects, but if the money isn’t there, we’re not going to do them." Later, she said, "I’m going to ask that we recognize that the budget is just a plan."

Trustee Christopher Perry asked, "Where does the public think we can cut back?"

Schutz responded, "I’m asking you to take a hard look at the numbers and prioritize. My sense is that you haven’t done that, that you’ve just approved what’s come before you. I leave it to you. You have to exercise that judgment."

Trustee Frank Orten said, "I’d like to delay this." After a reference to "the fiscal irresponsibility of the past, 2000–2001," he added that he "doesn’t want to go down that path."

Mayor Konarski asked Schutz to give his data to Treasurer Skryzpek to help her respond to his comments.

Skryzpek agreed to generate a second version of the budget excluding all capital expenses.

Schutz reminded the board that they did not have to approve the budget tonight—it only had to be adopted by the end of the month. Sonnenburg responded that the property tax mill levy resolution had to be approved by Friday, December 13, but that the public hearing and the ordinances could be postponed to the board’s regularly scheduled meeting on December 16.

A motion to approve the resolution setting a mill levy of 6.469 passed unanimously by roll call vote.

Ordinance Adopting a Budget for FY2003 and Ordinance Appropriating Sums of Money for the FY2003 Budget

The board unanimously approved a motion to continue the public hearing for adopting the FY2003 budget and appropriating sums of money for the FY2003 budget until Monday, December 16.

The meeting adjourned at 6:50 p.m..

Monument Board of Trustees meeting Dec. 16

Boy Scouts Tyler and Riley Wade led the Pledge of Allegiance.

Tim Schutz commented on the FY2003 budget. Schutz said he was even more concerned this week than last week about how low the water fund would be drawn down, using reserves it took years to accumulate. He noted that the board intended to spend nearly $3 million of the reserves, leaving only $312,000. "I think that’s a mistake," Schutz cautioned. He urged the board to reduce the capital expenditures.

Kyle Bus presented four different proposals for a public bus system between the Tri-Lakes area and the Denver Tech Center, Chapel Hills Mall, the Castle Rock Outlet Mall, and Park Meadows. The cost to the town would range from $55,000 to $127,500 per year, depending on the service chosen. Three-month and six-month rates were also provided. Trustee Christopher Perry noted, "The Town of Monument would be subsidizing the entire Tri-Lakes area." The towns of Monument and Palmer Lake have 6,000 residents between them, while an additional 20,000 live in unincorporated El Paso County. The board decided to take no action on the proposal.

Colorado Springs National Bank Final plat and final PD site plan

Perry Thomas, and Rick Haering, of Thomas & Thomas, described the project. The bank will be built on the location of the former Texaco, near two other banks. Construction is scheduled to begin immediately. Town Planner Mike Davenport remarked that this was the cleanest application he had seen in the two years he has been with the town. Trustees raised questions about the landscaping and about safety of the access to State Highway 105. Davenport said that in late 2003 or early 2004 there will be a traffic signal at the Safeway entry, opposite the entry road serving this bank and the one behind it. Access to this bank is shown to be from a side road, not from 105, but Trustee George Brown pointed out that people using the drive-up teller service will probably leave through the People’s Bank lot and out onto 105. Trustee Byron Glenn voiced concern about the line of sight from People’s Bank being limited by the new bank’s landscaping. A motion to approve the project passed unanimously, with the condition that the sight distance be checked.

Mayor Betty Konarski invited Trustee Frank Orten to read a statement about the budget process he had prepared. Orten’s caustic commentary attacked past and present board members and citizens alike. He objected to statements made [by Tim Schutz at the budget meeting on December 11] that it would be fiscally irresponsible to accept the FY2003 budget as presented. Orten retorted, "In fact the actions of the board that fired the previous treasurer could be looked at as fiscally irresponsible. Not because they fired the previous treasurer, but they failed to hire one. It was approximately a year and a half before the position was filled. The people responsible for filling the position, the board of trustees, caused this problem." The board Orten was talking about had only 5½ months from the time the previous treasurer left and the recall. After that, an interim board was in power for 6½ months, during which time no treasurer was hired; then the current board took 4½ months to hire a treasurer. Tim Schutz rebuked Orten, noting, "This type of behavior is divisive to the community…you as a trustee are capable of better."

Discussion of the budget focused chiefly on water fund expenditures, including the need for a new well. Public Works Superintendent Tom Wall told the board the town was at 87 percent of use of all its water resources. Trustee Glenda Smith asked about the urgency of the administrative offices at the well #8 site. Wall explained that it was more economical to add the offices during expansion of the building for the well #3 treatment facility. Trustee Christopher Perry commented, "We need to be a little more conservative. I’d like to see the water fund balance be a little higher." Trustee Doug Warner’s view was that the town was going to need the administration building, so better to do it now. Town Planner Mike Davenport noted that in 2003, the planning department was budgeted to do a facility study that would examine different options for meeting the town’s needs for building space.

Trustees Smith and Perry agreed to pass the budget with the removal of the expenditure of $200,000 for the new water department administrative building addition at the well #8 site, and reduction of $35,000 (from $112,000 to $77,000) for emergency generators. These changes increased the ending water fund balance (reserves) from $172,497 to $407,497. Also in the water fund budget is a board contingency line item of $312,000 set aside to cover cost overruns of any capital acquisitions. If no cost overruns occur, that money could be available for other water fund projects, increasing the fund balance to $719,497. The board voted 6-1 to adopt the amended budget and to approve appropriations of $5,887,549 for the operating budget for the various funds. Trustee Warner dissented to both ordinances; he objected to deleting the line item for the new water department administrative offices.

The money in the bank for all 19 town accounts at the end of November was $4,047,044.60. Estimated revenues for 2002 are $4,766,495. Estimated expenditures for all funds are $3,766,155. The town shows a surplus for FY2002 of $1,000,340. According to these figures, the town made $1 million in a year that our county, state, and federal governments all showed a deficit. According to the audit of 2001, the cash position of the town at year’s end was $3,419,111.

During construction, ASI-RCC, the contractor for the repair work and mouse corridor at the dam, inadvertently damaged what was then assessed to be 17 percent of the Preble’s Meadow Jumping Mouse habitat at the dam site. As a result, the town needed to create additional mouse habitat using town land on the north side of Dirty Woman Creek Park. The hope was that ASI would pay 17 percent of the cost of land purchased by the town for mouse mitigation. Roger Sams, of GMS, Inc., reported that on Dec. 13, the site was reevaluated. The new findings reduced the amount of impact from 17 percent to 11 percent. The estimated cost was $10,000, but ASI offered only $5,000 and did not respond to Sams’ effort to get them up to $7,000. Sams pointed out, "To try to pick up another $5,000 we might spend that much." Trustee Perry thought ASI should pay more, saying "They messed up." Mayor Konarski commented, "They messed up such a little bit." Trustee Warner said, "I’ve got a problem that they won’t budge from $5,000. That’s not negotiation." Mayor Konarski concluded, "My sense is that we need to move on." A motion to settle at $5,000 passed unanimously. The board also approved releasing the remaining $45,000 retainage the town had been holding.

Administrative approval of minor plats and replats for business uses

This is part of the ongoing effort to simplify the development application process. Like many communities, the Town of Monument has a standard subdivision process and a simpler administrative process for reviewing "minor" plats or "replats."

A previous ordinance (27-2000) limited the use of the simpler process to residential subdivisions —administrative review for nonresidential subdivisions was not allowed. The proposed change would allow administrative review of any type of minor plat or replat. The older business sections (along Highway 105 and the historic downtown) have entered a period of sites being "redeveloped" to new and different uses. The availability of a simpler administrative review process could aid the revitalization of downtown. The board agreed to the change.

Merit pay concepts and salary range structure adjustment

Town Manager Rick Sonnenburg recommended using a 1.9 percent cost-of-living adjustment and a 1.1 percent merit pool with the range of possible merit raises being 0-2.2 percent. For the salary range structure, Sonnenburg recommended an adjustment to the set of ranges—an increase of 1.9 percent to the bottoms and tops of all ranges using the cost-of-living figure from the state. The motion to approve Sonnenburg’s recommendations passed unanimously.

In 2001, the Town of Monument received a $1,000 grant from the Colorado State Forest Service as part of the Street Tree Planting Program for trees planted along the road in Limbach Park and in Monument Skate Park. An equal local match is required. Last year, the town’s application for trees along 2nd Street extension was not funded.

At its Dec. 10, 2002, meeting, the Parks and Landscape Committee recommended submitting a Street Tree grant application again this year, again with any money received being used for trees along the planned extension of 2nd Street (Highway 105 west to Beacon Lite Road). The proposed request would be for 14 green ash trees of 2-inch diameter. A motion to approve the grant application passed 6-1, with Trustee Brown dissenting.

Discussion of possible ordinance amendment about littering

Rick Sonnenburg told of a phone call from a Jackson Creek resident concerning the distribution of loose one-page fliers onto residents’ driveways. Sonnenburg thought it was possible to change the wording of the existing town code to make such distribution of loose flyers illegal. The board’s view was that such a change would create problems with enforcement. They decided to bring up the subject in the town newsletter and not change the legislation.

The board discussed public posting places, particularly in Jackson Creek. They decided to pursue posting in other locations, including Jackson Creek schools, and to schedule quarterly board meetings at Creekside Middle School.

After receiving the GoCo grant in early 2002, the town selected the Colorado Center for Community Development (CCCD) to develop a parks plan. Based on available funds, CCCD indicated it also would be possible to include four "focus" projects:

1. View shed analysis from I-25

2. I-25 pedestrian underpass study near the high school

3. Streetscape enhancement project in the downtown area

4. Entrance design for the 2nd Street and Highway 105 intersection

CCCD has passed the midpoint on the entry design for 2nd and 105 intersection and will be ready to begin the remaining projects in January. The board decided to replace the view shed analysis project with a corridor study of 2nd Street.

Les Ulfers, of Mountain View Electric Association, requested that the board grant a temporary waiver to the requirement for underground installation of electric lines in Jackson Creek. They would like to proceed with the designing of a temporary overhead line from the north end of Leather Chaps Drive to their substation northwest of Creekside Middle School. The overhead temporary line will be converted to underground as development extends northward. In response to a question about the time frame for putting the line underground, Mike Davenport noted that due to the mouse habitat and the problem of crossing the creek, it may be a couple of years before any significant northward development takes place. A motion to grant the waiver, not to exceed two years, for the temporary overhead line passed unanimously.

Trustee Orten suggested putting Trustee Glenn on the committee to utilize Glenn’s technical knowledge. Mayor Konarski pointed out that she and Trustee Smith were the board members most knowledgeable about water issues. It wasn’t that Mike hadn’t done a good job, according to Konarski; it was that they need more board members to know the issues and the people involved. A motion to replace Mike Wicklund with Trustee Glenn passed unanimously.

Mayor Konarski gave the trustees information about project funding and status from the Pikes Peak Area Council of Governments. She reported that the Baptist Road interchange project had been postponed.

Trustee Glenn reported on the Water Resources Committee of the Homebuilders Association of Denver. Tap fees are going up, but they are trying to keep water tap fees low to keep housing affordable. They are exploring bringing water from the western slope to the eastern slope. People on the western slope want to see greater conservation efforts by eastern slope water users.

Town Manager Rick Sonnenburg reported that Safeway had gotten a one-year extension to the $100,000 bond for a traffic light at the store entry.

The police department reported the following incidents involving alcohol: In October, six citations were written for underage drinking and seven citations were written for driving under the influence; in November, there were five citations for underage drinking, and nine citations for driving under the influence. In response to an ad for an entry-level police officer, the department received eight applications and will conduct testing for the position on Jan. 11, 2003.

The planning department reported that the planning commission recommended approval of Valley Ridge patio homes on the west side of Old Denver Road, just south of Dirty Woman Creek and of a regulation change concerning minor plats and replats for nonresidential development. The commission continued the following to its meeting on Jan. 8: request to update Regency Park zone map; request to rezone 10 acres east of King Soopers from PRD-10 to PCD; recommendations to update zoning; and subdivision regulation.

The public works department highlights reported the total amount of water produced to meet demand during November was 7 million gallons. The department received a donation from CDOT of 10 mature pine trees dug from the site of the new Park-N-Ride. They planted the trees north of the existing public works yard. The department continued evaluating the permissibility of converting the skate park to a multiple-use (bicycles, skates, and skateboard) facility.

The clerk department reported that the Small Town Christmas celebration on Dec. 7 was a huge success, with fresh-baked cookies and hot cider served to an even larger crowd than they had last year.

The meeting adjourned at 10:05 p.m.

Palmer Lake Town Council workshop and meeting Dec. 5

David Cooper will replace Ty Harris, who left the planning commission in August. Cooper expressed interest in being involved with the town and considered service on the planning commission to be a good place to start. He is a part-time estimator for a plumbing contractor.

Fountain Creek Watershed study presentation

Mike Wicklund, from Monument Sanitation, and Bruce Thorson, from Colorado Springs, gave a slide show presentation on the importance of the study. Slides showed extensive damage that resulted from flooding of Fountain Creek in past years. Most problems with the watershed stem from population growth and development, which have increased impervious surfaces from pavement and rooftops. The increased runoff that results, combined with increased wastewater treatment plant discharge, causes streambank erosion, sedimentation, and flooding along Fountain Creek. As population surrounding the watershed increases, so will the problems. Wicklund noted that it is an expensive study and commented, "Hopefully it brings about some very sensible results." The total cost of the study is $2,972,276, with the federal government paying half. The other half would be shared by 11 local governments. Palmer Lake’s share would be $3,190, spread evenly over three years, from 2002 to 2004. Trustees Chuck Cornell and Randy Jones questioned the value of the study. The intergovernmental agreement for the study passed, with Cornell and Jones dissenting.

Cindy Allen of Parks thanked Alan Bockhaus for donating the Pepsi and Coke barrels for holding cold drinks. Allen also noted the new sidewalk from the parking lot across from the firehouse through the village green to the library and museum.

Water Trustee Chuck Cornell reported on his bi-weekly inspection of the reservoir. The water level was down about 2 inches, which was not much change from the previous month. The town’s water usage was 4 million gallons per month. The new well is operational but needs a filter.

Roads Trustee Randy Jones reported that the department received the grant for the chipper, which will cover half the cost. The chipper will be able to handle limbs up to four inches in diameter.

Police Trustee Eddie Kinney reported that traffic citations were up 34 from the previous month.

Trustee Susan Miner, of Community & Economic Development and Buildings, told of plans for using the town hall, including the New Year’s Eve party for LPHS students, and efforts to market the hall for corporate retreats. She was getting bids for adding high-speed internet access to the building, a feature that many corporations want.

Fire Trustee Scott Russell reported that the star on Sundance Mountain had been completely torn down and rebuilt.

Mayor Nikki McDonald thanked Town Clerk Della Gins for her work on balancing the budget, noting that Gins was in the office until 1:30 a.m. on some nights.

Trustee Kinney asked about the possibility of removing the moratorium on water taps. The general response was that Water Superintendent Steve Orcutt was no longer in favor of lifting that moratorium.

Trustee Allen noted there was supposed to be an acceleration/deceleration lane for the Willow Creek town homes development. Della Gins said the developer had gotten an extension from the state on the permit for access onto State Highway 105. The developers, Dan Potter and Brent Hawker, are posting a bond in the event the access is not completed. Acting Town Attorney Jim Kin noted the developer had a year to comply with the lane requirement; otherwise the town could use the bond money to complete the work. Kin suggested Della Gins send a letter to the state opposing any extensions; the town wants the work done for the safety of its citizens. He also suggested sending a letter to the developer.

Charlie Ihlenfeld asked if anything had been done about removing the boulders and debris on Upper Glenway. Trustee Jones said no; they can’t find out for sure if the town has bladed that road for 22½ years. Gins added, "It’s whether we’ve bladed the entire width is the question." Jones said that according to Town Attorney Larry Gaddis, if the town maintained the road for 22½ years, the road belongs to the town. Attorney Kin added that if the road is platted and dedicated to the town, the town has to accept it for maintenance. If the public uses a road for 20 years, it becomes a public highway. Jones said that the section in question has been maintained since 1988, when it was replatted. Kin noted that the 50 yards in question is therefore not a public road yet. Attorney Larry Gaddis will express an opinion on the town’s position.

Request for new business license: Colorado Cabinet Design and Sales

Shawn Kunze of El Paso Road plans to design and sell pre-manufactured cabinets. The request was approved unanimously.

Vacation and replat of interior lot lines 7 Valley Crescent - Paula Johnson

Paula Johnson explained that phase 1, the owner’s quarters, was done. The bed and breakfast will stand on its own. Building is scheduled to begin late January/early February. She is planning four or five bedrooms plus a game room in the finished basement. The measure passed unanimously.

(a one-parcel annexation, zoning R1E, creating a single lot minor subdivision located at the intersection of Forest View and Douglas Roads)

Jim Fitzgerald recounted how last spring, Bob Cornuke asked Fitzgerald to sell him a parcel of 2½ acres. El Paso County required proof that the town would supply water. Additionally, Fitzgerald had to do a biological study and set aside habitat for the Preble’s Meadow Jumping Mouse. Palmer Lake Planning Commissioner Gary Coleman said he thought the subdivision should have come before the planning commission. He stated that he didn’t think anyone on the board had seen a copy of the final plat. He said he did not think granting a new water tap was fair to the rest of the residents who could not water their lawns or wash their cars. Fitgerald countered, "With that letter [to the county, March 28, 2002], the town made a commitment to us, and I’d like them to follow through." Trustee Russell asked, "What’s in it for the town?" Fitzgerald replied that the town would gain the annexation fee, water tap fee, and dedication to the town of a 30-foot right-of-way (required by the county for the potential widening of the road). After considerable discussion, the annexation was approved with the condition that a 30-foot easement was platted by December 13, with Trustees Allen and Cornell dissenting. A motion to grant a water tap passed, with Trustee Cornell dissenting.

Request for a fire line by Allen Fritts, Inn at Palmer Divide

This item was tabled until January.

Resolution/Ordinance 25: Appropriating sums of money for 2003

This item was approved unanimously.

The meeting adjourned at 9:40 p.m..

Palmer Lake Volunteer Fire Department receives FEMA grant

The PLVFD was awarded a grant of $44,555 from the 2002 Assistance to Firefighters Grant Program of the Federal Emergency Management Agency (FEMA). The department had been waiting since April to hear if they would receive the grant, so this was welcome news. The money will be used to purchase firefighter safety equipment, including self-contained breathing apparatus and bunker gear (personal protective equipment).

Fence and weed ordinances in Woodmoor

The Woodmoor Improvement Association (WIA) meetings in December addressed two major problems, fences and weeds. Both issues affect most residents and are complicated in terms of defining both the problem and solution.

The fence problem centers on the practice of putting wire behind the standard WIA-approved fencing of cedar split rail to keep animals both in and out. Concerns have arisen because of the type of wire being used and because, in some cases, the wire is extended above the fence. Split rail fence was originally allowed to be put up with no approvals, but now requires signatures from neighboring lot owners. The people who say fences are unnecessary and invisible fences will suffice disregard the problem of roaming dogs that can ignore the invisible fence and attack dogs on the lot.

There is also the ambiguous and unresolved issue of ‘kennels.’ Some understand kennel to mean a dog house, but the term can also apply to a fenced run. One suggestion under discussion is to replace fences with kennels, ignoring the other uses of fences to protect children and small dogs.

The other major issue is weeds. Currently, El Paso County has rules for the control of what are called noxious weeds, ones that are not native and multiply rapidly to take over from the natural vegetation. In Woodmoor, the most prevalent of these are thistles. Current discussion centers on what height is acceptable for weeds and grasses. The number being used is 18 inches. This height presents a number of problems because no mower will mow to this height, so the alternative for most people is probably lower than 3 inches. What will be covered under the term "weeds or grasses" was not discussed. On a city lot, the definition is easier to enforce because lawns, borders, and driveways are defined. In Woodmoor, almost all lots have wild or native vegetation over 18 inches, so under a strict interpretation, all of the lots would require mowing. If the 18-inch rule were to apply to driveways and lawns, then a driveway and lawn consisting of nothing but dandelions, yuccas, and other non-noxious weeds mowed to a height of 18 inches would be acceptable. Obviously, this would be quite unacceptable, given that the goal of any rule change is to ensure a properly maintained lot where true weeds are controlled and driveways kept up.

Discussion of these issues will continue at the next WIA meeting on Wednesday, Jan. 15, at 7 p.m. Meetings are held at the Woodmoor Barn, usually on the first and third Wednesday of each month.

CDOT unveils proposed interchange designs

View the proposed Baptist Road interchange design

View the proposed Northgate Rd./Powers Blvd. interchange design

On December 11, the Colorado Department of Transportation (CDOT), in cooperation with the United States Air Force Academy (USAFA), held its third open house meeting to present the design alternatives for the I-25 interchanges at Baptist and Northgate Roads.

Presentation boards outlined the proposed design alternatives for the I-25/Baptist and Northgate Road interchanges. Representatives from CDOT, USAFA, and the engineering firm of Post, Buckley, Schuh, and Jernigan (PBS&J) were available to answer questions.

"Based on information gathered at previous open house meetings and further evaluation of our initial concepts, we’ve come up with interchange designs that we believe will meet the needs of the community as well as satisfy state and federal requirements," said James Flohr, I-25 Corridor manager.

The Baptist Road interchange design incorporates

The Northgate Road interchange design incorporates

The next step is to conduct an environmental assessment. That is scheduled for completion in the summer of 2003. After that a final design will be prepared and funding sought.

Estimated costs for the two interchanges are shown below. As reported in a front-page story in the Dec. 7 issue of OCN, construction funding for the interchanges is on indefinite hold because of state budget shortfalls. Flohr said the Baptist and Northgate interchange improvements have lower priority than other unfunded interchange projects such the Colorado Springs interchanges at Bijou and at Highway 24/Cimarron.

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For more information on the Northgate and Baptist Road interchange projects, call Dan Hunt, CDOT or R.A. Plummer, PBS&J at (719) 520-5800 or visit the web site at www.interstate25.com. All of the presentation boards shown at the open house are posted on the web site.

View the proposed Baptist Road interchange design

View the proposed Northgate Rd./Powers Blvd. interchange design

Engineers Estimate of Probable Construction Cost
Conceptual Design Level
October 8, 2002