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Neighbors complain about paintball facility

View photos of errant paintballs

Neighboring residents voiced concerns to the Palmer Lake Town Council at the Sept. 11 meeting about escaping paintballs and ongoing noise at Fusion Extreme Gaming, 797 Highway 105.

George Winnick’s house on Frontier Lane, across the street from the outdoor paintball gaming area, has been hit several times by wayward paintballs. The group presented petitions requesting that Fusion Extreme Gaming close at 5 p.m. on weekdays and Saturdays, and all day Sundays. They also requested a ban on fully automatic firing of the rifles. The group will provide a written presentation for the trustees at the Oct. 2 workshop. Owners Tommy Fletcher and Brian Jennison, neighbor Wayne Bucholz, and some of the players spoke in defense of the business. They noted that steps were being taken to improve the containment of the paintballs and to stop the use of profanity by players. The paintballs contain washable and biodegradable paint.

OCN reporter Chris Pollard went to observe the paintball facility on Sunday, Sept. 28, while a paintball tournament was in progress. Standing just outside Winnick’s house, he said the noise was almost continuous—from the guns, the balls hitting the barriers, and the shouting from contestants and spectators. Every few minutes, when a new round of competition started, there would be a period of extended rapid fire. The point about escaping paintballs was brought home when one landed only a few feet away from where Pollard was standing. A quick survey of the area revealed that a commercial building to the northeast had been hit several times, a number of balls were scattered around the roads nearby, and one ball was found on the west side of Highway 105, indicating that paintballs could hit vehicles driving by.

A neighboring resident on Meadow Lane said the noise on that Sunday began at 7:45 a.m. and continued until 6:30 p.m. She heard not only the gunfire and shouting, but also the loud stereos from cars at the tournament. She noted that residents on Meadow Lane, Frontier Lane, Circle Drive, Hillview Drive, and even Westward Lane could hear the noise.

Other matters covered at the Palmer Lake Town Council Workshop and Meeting, Sept. 4 and 11

Speedtrap Coffeehouse: Peter Kavanagh plans to open a coffeehouse with Internet access, books, and magazines at 84 Highway 105, Unit 2.

Overby Real Estate and Kathy Allen, Broker: Joan Overby and Kathy Allen will each have independent real estate offices at 19 Highway 105.

Palmer Lake Riding Stables: Heather Simpson, at 80 Highway 105, will offer riding lessons, trail rides, workshops on the care of horses and equipment, and special rides such as hayrides and moonlight rides.

The new Town of Palmer Lake Business Directory is available at the town offices, 42 Valley Crescent.

An open house at the fire station is scheduled for Oct. 4, 10 a.m. to 2 p.m.

The Vision Committee will meet at the Lucretia Vaile Museum at 7 p.m. Oct. 30. The committee is currently working on its mission statement. All Palmer Lake residents are welcome to attend.

Town staff is collecting e-mail addresses of Palmer Lake residents so the office can send out agendas of meetings, details of town issues, and more. Call the town office, 481-2953, if you wish to receive such announcements by e-mail.

The council voted unanimously to remove Ballot Issue 1 from the Nov. 4 ballot, since there was no overage for the year 2002.

The council voted unanimously to accept Circle Road for town maintenance and to release the letter of credit. The road has been in existence for three years and has been maintained by the town.

The council voted unanimously to reduce the utility easement from 25 feet to 10 feet for Lot 4, Lake Shadows Subdivision. The reduction was approved by IREA, the only entity with utilities in the easement.

The council voted unanimously to approve the vacate and replat of a minor subdivision, Digby Crofts, at 711 Sunridge Circle.

The council voted unanimously to approve the minor subdivision of Sundance Subdivision, reducing the lots from four to three.

Trustee Scott Russell resigned due to the demands of his job. The town is seeking a replacement to fill the vacancy. Candidates need to be a registered voter, age 18 or over, and a resident of Palmer Lake for at least the past year. Call 481-2953 for more information.

Jim Fitzgerald, owner of the Santa Fe Ridge office complex on Highway 105, has been saving the large dirt pile on the property for use in the construction of an acceleration/deceleration lane required by the Colorado Department of Transportation (CDOT). He has been trying to have the highway reclassified, which would reduce the speed limit and, consequently, the length of the accel/decel lane. Reclassifying Highway 105 could take up to six months and would allow more driveways to have access to the highway, but CDOT could possibly lower the speed limit without reclassification. CDOT staff will conduct a speed study, expected to take two months. The council voted unanimously to require Jim Fitzgerald to move his dirt pile within 90 days or the town will move it and charge him for moving and storage.

View photos of errant paintballs

The Lewis-Palmer School District 38 Board of Education and the Baptist Road Rural Transportation Authority (BRRTA) board ended a 2½-year-old disagreement over a $100,000 fee that BRRTA had assessed Creekside Middle School, built within the BRRTA boundaries three years ago.

The two entities have agreed BRRTA will not charge Lewis-Palmer School District any fees or assessments on any of its facilities, whether within BRRTA boundaries as they now stand or within boundaries of all future BRRTA annexations. This applies to new construction as well as all additions or improvements made to any existing building. In exchange for these agreements, District 38 will make a one-time $34,000 donation, to be used for improvements on Baptist Road.

This decision was made at a two-hour meeting Oct 25, in joint executive sessions, at the District 38 Administration Building. In attendance for District 38 were school board members Hugh Eaton, Jeff Ferguson, Bob Manning, Tommie Plank, and Jes Raintree, and Superintendent Dave Dilley. BRRTA board members present were County Commissioners Chuck Brown, Jim Bensberg, and Wayne Williams; Monument Trustee Byron Glenn; and BRRTA manager Conner Shepherd. Monument Mayor Betty Konarski was absent. Both sides made several offers and counteroffers, with the school board leaving the conference room on numerous occasions to deliberate, or to allow the BRRTA board to deliberate, in confidence.

Attorneys for both boards will work out the legal document. The agreement is subject to the approval of both boards. It is intended that the agreement be ready for signing by the Board of Education at their Oct. 16 meeting. The BRRTA board is expected to sign it at their next meeting, in November.

When contacted after the meeting, school board member Tommie Plank commented, "I’m just relieved that this contentious issue is settled. It is time for the two boards to quit fighting and for everyone to get on with the jobs the electors put us in office to do." School board president Jeff Ferguson said, "In any negotiation, you win something and you give up something. We feel gratified that we were able to come to an agreement that exempts the school district from any and all future BRRTA fees. We’ve spent way too much time on this; now it’s time to move forward and get on with our real work, which is to educate kids."

The September meeting dealt with three items: Victoria Jamie’s request for an amendment to a PUD to allow child day care at her home on Pinecrest Way; Al Fritts’s request for a change within a PUD to allow an assisted care living facility, instead of a bed and breakfast conference resort (Inn at Palmer Divide); and John Bailey’s request to vacate a utility easement in Lakeview Heights. The commissioners recommended approval of all three items to the Town Council.

Jamie requested to have in-home child care for eight children, including one of her own, operating from 7 a.m. to 5 p.m. Commissioners Denise Hammond and Gary Coleman visited the site prior to the meeting, noting that Jamie had already fenced the yard. They asked Jamie if she would be willing to expand available parking if needed, and Jamie agreed. Three neighbors–M. Hutchings, Connie Buckiner, and Diana Mayfield–expressed concerns about various issues including noise, traffic, and a possible lowering of property values. Neighbor Mickey Campbell spoke in support of the child care business, noting that its impact would be very low compared to that of Pinecrest Activity Center, and that any increased noise would be over by 5 p.m.

Commission members discussed the fact that residents were, or should have been, aware that their homes were within a PUD zone, which allows businesses as long as the town approves them. The commission voted unanimously to recommend to Town Council the approval of the amendment to a PUD for in-home child care, with the following conditions: no more than seven children plus one of her own; hours of operation are 7 a.m.–5 p.m. Monday through Friday; and current parent contracts kept on file at all times.

Fritts requested to change the current use from a conference resort to an assisted care living facility. At this time, he plans no exterior changes. Interior modifications would include alarms, handicap accessibility, and elevators. There would be 24 assisted care units and 12 to 15 independent apartments. Adult day care and respite care would also be offered. Commissioners raised numerous issues, including accessibility for fire trucks and ambulances and loss of revenue to the town by not having a B&B conference resort. They also questioned whether an assisted living facility could succeed in Palmer Lake. A previous attempt at Pinecrest only attracted one resident. Fritts replied that the previous facility had only one resident because it could not get a license. He noted that if funding goes through, there is a possibility that the original project (Inn at Palmer Divide) could go forward. If the town approves the change to assisted living, then that project will go forward if the funding comes through. He assured the commission that the project will not go forward without financing in place.

Neighboring resident Denise Cornell spoke in opposition to the change, noting that this was the third time Fritts had come to the planning commission with a change. She also noted the long drive to Colorado Springs or Denver for medical facilities. She urged the commissioners to not recommend approval to the Town Council without a plan from Fritts. Kurt Ehrhardt, contractor for Fritts’ project, reviewed the project’s history. The original plan was for 25 rooms, but the financing institution wanted to expand to 39 rooms, so the plans were amended through the town. They broke ground three or four years ago, but the financing fell through. Since then, the economy has weakened. Local banking people seem willing to finance an assisted living facility. Meanwhile, 600 yards of concrete are sitting there, and they would like to see something constructed.

The commissioners passed a motion to recommend to Town Council the approval for the change to an assisted care living facility, under the stipulation that this is only for a change in use and not for the final plan. The owner must return to the town for any changes or other amendments. The vote was 5-1, with Coleman dissenting.

John Bailey submitted a request to vacate the common lot line utility easement between lots 6 and 7, and 7 and 8 in the Lakeview Heights Subdivision in order to form a conforming lot within an R10,000 zone. A motion to recommend to Town Council the approval of the request passed unanimously.

The meeting adjourned at 9:05 p.m.

A special meeting of the Monument Board of Trustees (BOT) was held Sept. 8 to consider emergency action to add a ballot question on participation by Monument in the funding of the Jackson Creek Parkway extension from Lyon’s Tail to Higby Road. Because of emergency ordinance hearing rules, a supermajority was required to pass the measure: A 3/4 ratio requires six of seven yes votes for it to pass. The 5-2 vote was not sufficient to authorize adding the ballot issue to the Nov. 4 election. Triview Metropolitan District is still obligated to build the road. All members of the board voted on the issue, though Mayor Betty Konarski was out of town and participated in the session via speakerphone. The next election where such a proposal could be considered is in two years. The board also agreed to move forward on the process of requesting a Greater Outdoors Colorado (GOCO) grant for trail expansion in the region, despite concerns about when Monument Lake might be refilled.

Mayor Pro Tem Byron Glenn opened the meeting at 6:30 p.m. by noting that the agenda had been expanded from that announced at the regular BOT meeting on Sept. 2. A discussion of the town’s options for filling the now empty Monument Lake was added to the agenda because town water attorney Bob Krassa could not attend the next regular meeting on Sept. 15.

Town Attorney Gary Shupp suggested that attendance be recorded before proceeding further. Konarski then asked Glenn if he was going to solicit public comment. He did.

Local business owner John Dominowski spoke first, saying BOT members already knew his position against participation with Triview. He said that the Intergovernmental Agreement (IGA) between Monument and Triview defines responsibilities and that $2 million is a lot of money that would take 15 years to pay. He observed that the town doesn’t have a lot of money and would have none to help business owners who need the lights, curbs, and gutter improvements that would keep downtown competitive as big box stores are added to the area.

Local attorney Tim Schutz also presented views in opposition to the ballot issue, saying that he had spoken to the board on this issue before. He said the town newsletter inferred that the ballot issue was already a done deal. He reiterated that the IGA was a contract already in place between Monument and Triview and that the road would be built without participation. The town was under no obligation to pay. He reminded the board that the spreadsheet projection attached to the measure showed a 15-year net loss in revenue from other stores of $3.2 million and a participation cost of $2 million. This $5.2 million is only offset by a Monument share of Home Depot revenue of $2.6 million over 15 years. Hence, Home Depot causes a $2.6 million net loss with participation or a $600,000 loss if there is no participation—a loss either way, putting aside other revenue. He said this was a gift to Triview the town could not afford. The $2 million could be used to build a police station, a town hall, or parks, or to improve the lake.

Schutz then addressed two arguments offered in favor of participation. First, the argument that the whole town will benefit from participation was compared to an argument that the new Highway 105 exit on I-25 will eventually help the entire town—but that would not be a reason for Monument to pay for half of it by giving another $2 million to the state. Schutz said the second argument of letting the voters decide was also flawed in that Jackson Creek residents would certainly vote in self-interest to get more money for their development rather than consider the town as a whole. Schutz concluded by saying that allowing this vote to give away the town’s revenue was an abdication of the board’s responsibility. He said they should ask themselves if they honestly believe it’s right to give away $2 million.

Glenn asked Ron Simpson, general manager of Triview, what the implications were if they did not receive the $2 million. Simpson said it would increase their debt, that they got no money until the fourth year of the new agreement, and that participation had never been considered when they got new bond authority. Triview, he said, got their A rating for bonds from the grantor of their letter of credit without a single mention of participation. Then Simpson suggested deannexing and creating the town of Triview or Jackson Creek, since Triview provides everything except police and fire anyway. He said the town could let Triview go its own way so that there would be no more "us-them" discussions. He said that Schutz was right: The road will be built either way, and loss of the election option won’t matter.

Dominowski countered that Simpson had used the opposite argument of "We have an agreement," shaking the IGA on numerous previous occasions when the district needed help from the town. Dominowski added that originally the developers of Regency Park had pursued the IGA and annexation, knocking on Monument’s door, recognizing that the benefits of being annexed were worth the implied future Triview expense to the developer. He said Simpson’s words that Monument doesn’t play fair are offensive when Simpson now proposes to do the opposite of what he has done for years. Dominowski said he was asking for the same thing, as there are still no sidewalks on Washington or Mitchell Streets and there won’t be in the future if participation is approved.

Treasurer Judy Skrzypek provided some additional information on the projected balance sheet attached to the ballot question. The current IGA between Monument and Triview divides tax revenue generated within Triview in half. (Colorado collects sales tax and forwards Monument’s share to the town. Monument then forwards half of the revenue generated within the water district to Triview.) Monument would have kept only half of its 50 percent of Home Depot revenue under the ballot issue, increasing Triview’s share from one-half to three-quarters during those years when overall Monument revenues were projected to meet minimum cash-on-hand requirements specified in the last town audit and by TABOR. Skrzypek said these constraints—3 percent fund minimum as required by TABOR and a 10 percent minimum on average general fund revenues as recommended by the town’s auditor—precluded any payment to Triview in the first three years.

Projected losses in Monument revenue that were used to determine if these two thresholds would be exceeded were based on estimates of lost revenue from other town businesses due to Home Depot, Wal-Mart, and the closure of the former I-25 exit. Also, there was a contingency for missed projections, unexpected expenditures, and downtown enhancements. The projection for the ballot issue was also conservative in that no incremental revenue for Monument was projected from future commercial enterprises that may be built along a completed Jackson Creek Parkway within or near Monument Marketplace for the entire 15-year period. No water fund money was transferred to the general fund in the projections, though there is a large excess in that fund.

Trustee Glenda Smith asked if the spreadsheet assumed any tax increases for 15 years; Skrzypek said no, because a mill levy increase would require a ballot issue. Smith said that former Trustee John Bailey had told her that governments always vote for debt that others will have to pay later and that this looked like the situation he had warned her about. Skrzypek said this was accounted for sufficiently by not projecting growth at Monument Marketplace or ancillary revenue from other businesses along the finished parkway.

Trustee Doug Warner asked what would happen if there was insufficient revenue to pay Triview in year 5, for example. Could the year 5 shortfall be paid in year 6 if there was extra revenue available? Shupp responded that none of the $2 million might ever be paid. Simpson said that no interest would accrue if payments to Triview were late. Warner said he agreed in part with Dominowski but then said there would be enough revenue from other stores attracted by Home Depot to pay for downtown improvements.

Trustee George Brown said he was still wrestling with the idea of doing more than required with the existing IGA since the town had struggled for years to keep its head above water. Brown read a prepared statement.

Warner said the board was not committing the money, just putting it out to voters who would make an informed decision. He, too, was offended by the "us versus them" mentality, he added, saying participation provides a bridge for bringing people together. Let the people vote, he urged.

Trustee Frank Orten said others were putting a political spin on their comments as would he. He added that population shifts are happening everywhere, they are normal, and the board should let the people vote. Brown asked him why they shouldn’t stick to an existing agreement, adding that this position is not political as asserted by the others. Orten responded that contracts change. Smith responded that they were creating a debt that others would have to pay for 15 years and that she had a problem with that. She said participation was like a charge card debt, where the town would pay and pay and never get out of debt.

Konarski said she was saddened by a discussion that appeared to pit Old Town versus Jackson Creek, adding that this project should be uniting the town, not dividing it. Brown responded, "I don’t know where you’re hearing that." She said that agreements constantly change and opposing participation was a shortsighted view, "but if that’s the view you’re going to take, then that’s the view you’re going to take." She added the community will move forward either way, but having the community think as one is an important goal.

Glenn said that he sees lots of changes called amendments, citing four recent amendments in the master plan where he works. He noted that Second Street had been extended for the good of the whole town. The parkway will also be built, be good for the whole town, and it would be a shame not to be part of it since the people of Jackson Creek will feel slighted.

Brown asked Shupp if Konarski could vote, noting Glenn had not been allowed to vote by phone at a previous BOT meeting. Shupp said his research showed there was no specific rule against it. Glenn said he couldn’t recall the details of his situation. Orten moved the ballot issue, and Warner seconded his motion. The vote was 5-2, with Smith and Brown opposing the ballot issue, hence the emergency ballot ordinance failed.

Warner asked Konarski to help the board understand what she was seeking with her GOCO grant proposal. Warner repeated his concerns about building trails to an empty Monument Lake. Konarski said the town would need to get support from Woodmoor and Palmer Lake later in the GOCO grant cycle, but the step she was proposing to undertake now was only preliminary. Later in the process, there would need to be a unified show of support from every nearby constituency for the integrated trail system from Palmer Lake to Fox Run and from Woodmoor to Monument Lake.

Bob Krassa, the town’s water attorney, then said that he expected the lake would be filled by the time the town would begin spending money to connect the Santa Fe Trail to Monument Lake. The town would need to have a substitute water supply plan approved and should be able to fill the lake with augmentation water next year, weather permitting. He said there is time to work out the details for water before the next GOCO decision point early next year. There was consensus to make the trails proposal the fourth and last phase to be funded by the GOCO grant. This would help ensure that the lake would be filled before a final decision on trail construction. The board decided there was no need to go into executive session for further legal advice, based on Krassa’s statement that he had already given them sufficient legal advice during the public session to make a decision on initiating the GOCO grant process. There was unanimous concurrence to start the process.

The special meeting adjourned at 7:46 p.m., having completed its published agenda.

Although the Triview Metropolitan District’s tax/cost-sharing proposals only consider the potential tax increase impact to the Town of Monument, I believe that we need to understand the potential loss to our existing retail tax base and the future impact of Wal-Mart. I’m in favor of sharing the infrastructure cost for the Marketplace, but would recommend a different cost-sharing approach to ensure our town’s continued financial improvement.

My concerns are:

Based on the above, what will be the impact on the town’s existing tax revenue base:

My recommendation is that our cost-sharing contribution be calculated on tax revenues that are over and above our existing tax base in conjunction with proposal D, where the town is receiving tax revenues while satisfying a $2 million cost-sharing commitment.

Between initial statements about heat-of-the-moment deannexation proposals by a Jackson Creek trustee and impassioned concluding statements by each trustee regarding the defeated emergency ordinance on the proposed ballot issue on Jackson Creek Parkway funding, the Monument Board of Trustees (BOT) conducted routine business at the Sept. 15 meeting without controversy. Mayor Betty Konarski was absent.

Mayor Pro Tem Byron Glenn called the meeting to order at 6:30 p.m. The minutes for the special and regular Sept. 2 meetings were approved, but changes were requested in the minutes for the special Sept. 8 meeting. Approval of the latter was deferred until the next BOT meeting on Oct. 6. The hearing on the Comprehensive Update to Subdivision and Zoning Ordinances" was also continued to Oct. 6 due to the lengthy agenda.

Town Planner Mike Davenport summarized the application by Integrity Bank for a Final PD Site Plan for its new modular temporary building on Cipriani Loop, one block southwest of Highway 105 and Knollwood Drive. Davenport’s summary of the application details were unchanged from his presentation at the Monument Planning Commission meeting on Sept. 9. His summary is described in the article on page 8.

Jim Wyss of Integrity Bank spoke after Davenport completed his overview. Wyss said the structure would be the home office for this new community bank, adding that temporary structures are customary for a start-up. Depending on the Preble’s mouse situation at the nearby site of the bank’s planned permanent structure the bank will operate out of the proposed modular building for two to four years.

In response to questions, Wyss said there would be signage just north of the temporary building only. Regarding his exit plan and the timeframe, Wyss said they would remove the building and foundation and fill in the hole. He said the landowner, Randy Ottaway, wanted him to leave the asphalt for parking in place. Davenport added that after Integrity Bank filled in the hole, Ottaway would be required to maintain the installed landscaping and install bollard and chain barriers at the driveway entrances. The latter will preclude nuisance teenager parking on the preserved asphalt.

Mertz asked if any right-of-way would be deeded to the town to preserve access for the neighboring veterinary clinic. Davenport said no. Ottaway’s signature on the access easement across the north end of this lot is sufficient, he added, because the clinic is outside of the town boundary. At a later time, it would be preferable to have Cipriani Loop be the primary access to the clinic, however. Glenn asked if drainage issues had been resolved. Davenport noted that the town’s drainage consultant, GMS, had been satisfied. The site plan was approved unanimously, 6-0.

The board voted unanimously to accept the public improvements by the developer for the subdivision, Enclave at Monument on Montana Vista Lane, between Third and Fourth Streets. The required warranty bond is more than sufficient to pay for required but unfinished drainage improvements at Third and Montana Vista Lane, so the surety bonds will be released back to the developer on receipt of adequate plans and warranty security for the unfinished drainage improvements.

Unanimous approval was given for a street patching contract with Schmidt Construction Company for $139,070 and anticipated add-ons of $14,600. Glenn advised that the contractor be notified before work begins to "make sure they know there’s no room for changeovers." (Total 2003 budget authority for paving rehabilitation is $155,000.) Trustee George Brown said there were "scary differences" between the selected bid and the other two. Warner reiterated that it be clear to Schmidt that they can’t ask for more money later. Schmidt already has equipment in place for paving bike lanes on Mitchell Avenue, which substantially lowers their transportation costs for that heavy machinery. Only two manholes are to be built.

Unanimous approval was given for construction of two Preble’s Meadow Jumping Mouse habitats, totaling $83,371.60. The work is to be done at the Monument Lake North Beach and Dirty Woman Creek Park mitigation areas. Glenn noted that another $14,000 of mitigation work is required at the lake once it is refilled, which is not part of this project. Warner asked, "How will we get the mouse there?" Brown responded, "Build it and they will come."

The treasurer’s report and expenditures over $5,000 were approved unanimously. Treasurer Judy Skrzypek said Popeye’s Chicken (J Starr Enterprises), in the King Soopers shopping center, had been incorrectly paying a 2.5 percent sales tax to the city of Colorado Springs instead of 3.0 percent to Monument. They asked forgiveness of the 0.5 percent increase in taxes owed, as they had paid their sales tax in good faith and paying the difference in a lump sum would be a hardship. The board unanimously denied the request.

A brief recess was declared so Town Manager Rick Sonnenburg could establish speakerphone contact with Konarski, who was out of town. Konarski wanted to participate in the discussion regarding Trustee Frank Orten’s inquiry to Town Attorney Gary Shupp about deannexation options for the residents of Jackson Creek.

Triview Metropolitan District General Manager Ron Simpson asked the town to let Triview deannex at the Special Meeting on Sept. 8. The hearing was on the emergency ordinance to add a ballot question on participation with Triview for funding Jackson Creek Parkway construction to Monument Marketplace from Baptist and Higby Roads. Following that meeting, Orten was quoted by the Colorado Springs Gazette regarding Jackson Creek citizens’ desires to pursue deannexation.

Glenn opened the discussion by saying the Triview board had not asked to be deannexed and that he wanted to get the facts regarding deannexation out on the table. Skrzypek said that it would cost the town $1.533 million over the next 15 years if Triview deannexed. Shupp said the law does not appear to allow deannexation of improved land that has received town services over three years and that the Colorado Legislature would have to rewrite the law. Only unimproved lots over 20 acres contiguous with a city or town boundary are allowed to deannex. The intent of the deannexation law is that it would only apply to annexed land that had failed to be developed for a very long time and was a drain on municipal resources. He knew of no occurrence of deannexation by a subdivision; all those individual lots are not considered a tract of land.

Shupp’s memo to the BOT and town manager states: "C.R.S. 31-12-501 allows for the owner of a ‘tract of land within and adjacent to the boundaries of a city or town’ to petition the governing body for disconnection." He added the governing body can do so only if its best interests are not prejudiced and a tract is only land that has not been platted. His memo quotes a Colorado Supreme Court precedent: "No disconnection of land can be upheld which divides a town into two disconnected parts."

Smith asked if Triview could be dissolved while it had remaining debt. Shupp said the Intergovernmental Agreement (IGA) prohibits that. Former Mayor Leon Tenney agreed with Shupp. Glenn said the $2 million had nothing to do with the IGA and the vote on the participation ballot had taken away the right of the people to vote. A long discussion followed, with all trustees restating their positions from previous meetings at length. Smith and Brown said their votes were not divisive or politically motivated. The others disagreed. Konarski said the impassioned points of view have been aired, so let’s move on.

Brown asked what traffic impact fees are for and who pays them. Brown had asked the staff to provide an overview of the ordinance for board members. Glenn said the board should move on. Tenney asked if he could speak. He said Triview was allowed to be exempt from these fees passed in May 2001 only because they build all their own roads. There was an extended discussion about how the fee applied to Second Street and Beacon Lite Road extensions.

Konarski hung up as the discussion on speakerphone voting began. Smith said that the person on the phone cannot hear all the arguments surrounding controversial issues, which could lead to a lawsuit because those arguments might change the person’s position. Brown said the school district doesn’t allow it, and it is very unprofessional due to the equipment on hand, particularly because the listener can’t see presentations or handouts that are passed out. Shupp said that absentee participation should be a policy or else meetings could simply turn into conference calls with only the phone bank in the meeting room. He added that they should be considered so that the board could stay flexible around major deadlines. There was consensus that the staff should develop a policy for special circumstances and investigate better equipment designed for conferencing.

Davenport reported on Home Depot and Wal-Mart. If Home Depot’s spring opening is delayed because of mouse issues that could slow the Baptist Road bridge widening at Jackson Creek, the project will likely slide a whole year. If the delay on the bridge widening appeared to be only a few months, the board could consider letting Home Depot open without adequate roads under a "concurrency" concept as a policy decision. Currently the board has said Home Depot cannot open its doors until the bridge is widened. Wal-Mart’s mouse problems remain unresolved, and no construction decision is expected soon.

The next meeting will be Oct. 6 in Town Hall at 6:30 p.m.

The Monument Planning Commission held its first meeting without David Mertz as chairman on Sept. 10. Mertz resigned after being appointed to the Monument Board of Trustees (BOT). He replaces Trustee Christopher Perry, who moved to New Hampshire. Five of the six remaining members of the planning commission were present, including Mertz. Skip Morgan was absent.

The first order of business was to select a new chairman. Tom Donnellan nominated Bob Mooney, who said he’d accept the position. He was unanimously selected. (The town has advertised for volunteers to fill the seventh position until the election in April.)

Synthes Ltd. requested that seven of the platted lots, lots 2-8 (Block 2), in Monument Industrial Park (Phase 1) be replatted into a single lot. The current structure on the property at 1101 Synthes Ave. is on more than one lot. Davenport gave this background: "In 2001, the Board of Trustees approved an 80,000-square-foot building expansion to the existing Synthes facility. A condition of approval was that Synthes apply for a replatting of its property, since in several locations buildings extend across lot lines. This could cause future problems regarding easements, which usually run along lot lines. The application has been submitted to comply with that condition of approval. It involves no physical changes to the property."

Tim Hopple, whose residence is across Mitchell Avenue from the current Synthes lots 6 and 7 but not in Monument town limits, had submitted a written comment in response to the notice sent to neighboring property owners. He thanked the town for the notice. He said he spoke for his neighbors in expressing concern about traffic, specifically speeders and those who run the 3-way stop sign at the base of the hill by the property’s access to Mitchell Avenue. He said his dog has been run over and a number of times he has been almost hit by speeding Synthes employees as he leaves his driveway. He asked that the town consider limiting or eliminating Synthes access to Mitchell and asked for help in rectifying the running of stop signs at the Mitchell-Synthes Avenue intersection. He said later he had already moved his driveway to make his access to Mitchell safer.

Hopple also expressed a community concern about consolidation of the seven lots into a large industrial lot, which would make it more likely for a future zoning change from commercial to industrial—in violation of the town master plan. While he knew that Synthes was there when he purchased his lot, a zoning change to heavy industrial would harm neighboring residential properties across the road, just outside the town boundary.

Davenport responded by saying there were no comments during the proposal’s routine staff review from Public Works or County Roads. He noted that the property is actually zoned light industrial, and the change Hopple was concerned about would actually be one to heavy industrial. Based on the town’s history with concrete batch plants, Davenport said the likelihood of approving heavy industrial next to residential was nil. Hopple asked him what he should do if Synthes does apply for heavy industrial zoning in a few years. He said Hopple should comment again to Public Works.

Regarding the speeders, Hopple said he had gone to Monument Police and Synthes with the names and plate numbers of the reckless drivers, but to no avail. He also complained that the unshielded sodium lights around the plant preclude him from using his telescope.

Mooney asked if they could add a note to the new plat regarding the town’s requirement for downcast lighting. Davenport said no inspection is required or would be conducted for this process, as the replatting application only involves changing the drawings. (In effect, only pulling a permit will trigger inspections, not erasing the lot lines on a plat blueprint.) The town planning staff report did say, however, "Any new or replacement lighting (installed in the future) shall be downcast and shielded." Spence asked if the town could make them comply, but Davenport said changes in regulations are not retroactive. He said the commission could request that public works or the police department check for violations that are a safety problem, but lighting was not part of the replat application.

Davenport suggested making a direct reference to Hopple’s concerns in an amendment to the commission’s motion on Synthes, to make it easier to find an attached record of those concerns in the future. Donnellan asked if the town’s transportation consultant, TransPlan, could do an investigation. Davenport said the replat had no physical change that would trigger a traffic study. He added the replat should still show all the old easements for the seven lots in a corrected drawing, a drafting correction only, before the next Board of Trustees meeting. Shupp confirmed that lighting is a zoning, not a replat, issue and that the commission could only recommend a traffic study the next time there was a physical change on the property.

The motion, amended as suggested earlier by Davenport, passed 4-0-1. Larry Neddo, a Synthes employee, abstained.

Davenport summarized the application package for this full-service bank building. Integrity Bank proposes to build a modular structure on lot 3 of Valley Vista Estates Filing No. 3 at 1430 Cipriani Loop, which is one block south, then west, of the intersection of Knollwood and Highway 105. The structure will be temporary, and the site should be vacated within three years. Integrity Bank had planned to build its permanent structure at the northeast corner of Highway 105 and Knollwood but encountered Preble’s Meadow Jumping Mouse habitat problems that will take at least a year to resolve. Integrity still plans to build on that site as soon as the mouse situation is resolved, within three years.

Davenport noted that Integrity’s three-year application is the first such long-term temporary structure application the town has received; there is no precedent for the nonstandard "exit plan" for the site. Normally, escrow accounts for exit plans for temporary buildings are only for one year. The term "exit plan" refers to removing the extensive asphalt parking lot and foundation for the temporary structure in order to be able to build a residential structure at that time. If the building were abandoned, the town would be responsible for executing the exit plan using the escrowed funds.

Another unique concern Davenport discussed was a written comment by Dr. Eric Fountain of the neighboring Woodmoor Veterinary Clinic concerning the clinic "driveway" that runs across the north end of lot 3, parallel to Highway 105. The widening of the highway has left the clinic, which is not within the town boundary, landlocked with respect to the highway. However, this "driveway" is within the town boundary, requiring town involvement. Davenport said the clinic access issue was addressed at a meeting among the town, the Colorado Department of Transportation (CDOT), the clinic owner, the bank, and the lot 3 landowner, Randy Ottaway. All attending this meeting agreed that an access easement from the clinic to Knollwood across the north end of lot 3 will be provided, codifying the existing dirt driveway to the clinic across the other landowner’s property. There are proposed provisions to the easement—to be reviewed when the bank vacates lot 3—that are designed to protect access to the clinic from Knollwood.

Another concern discussed by Davenport was the CDOT recommendation that an escrow account be created for a Highway 105 traffic light at Knollwood. Though traffic studies show that the bank will not add enough traffic to cross the threshold for a signal at this time, there is concern that traffic on 105 may substantially increase when the I-25 interchange (exit 161) is completed. Traffic may currently be below the traffic light threshold because the congestion and backups that are routine may be causing people to avoid the area entirely. There was concurrence that the CDOT recommendation was prudent. If warranted, a new traffic count will be taken when construction is completed.

Davenport also noted that drainage issues identified by the town’s consulting engineer have been resolved. There had been questions regarding the detention pond in the original submission.

Mooney asked about the exit plan for removing the temporary building. Davenport said there would be another escrow account for the site restoration exit plan if the building becomes abandoned. He pointed out that the escrow amount wasn’t large enough to completely restore the site to its original, undeveloped condition, though the amount does comply with the minimum town requirement.

Davenport noted that the landscaping to be provided far exceeds that required, making the temporary modular structure more appealing to neighbors. Mooney observed that the floor plan provided by the architect was reversed and should be changed before the next BOT meeting, where the bank would be seeking final construction approval.

The site plan was approved unanimously, with the conditions that the exit plan and vet clinic access agreements be finalized before going to the BOT. Also forwarded to BOT was a recommendation that another traffic study be performed by the town’s consultant after construction on Highway 105 is concluded.

There was a brief discussion about minor map errors that were being corrected in the town’s new comprehensive plan. Davenport then reported on the presentation that developer Jack Wiepking gave to the Parks and Landscape Committee regarding alternative buffering on the eastern boundary of the Village at Monument Filing 2, along Old Denver Highway. Rather than a standard 6-foot wooden privacy fence, Wiepking will use split rail fence, numerous trees, and a variety of tall, hardy, drought-resistant ornamental grasses and spreading shrubs, similar to those used in the recent renovation at the Broadmoor Hotel.

The meeting adjourned at 7:45 p.m. The next meeting will be held Oct. 8 at 6:30 p.m.

The members of the Monument Parks and Landscape Committee voiced their disappointment and frustration regarding the bad example the town is setting in not following its own requirements for maintaining its landscaping at parks and its facilities around town. In particular, they expressed dismay that there appears to be insufficient public works staff to execute budgeted but unfunded improvements from this and previous years. However, they decided to continue serving, declining the option to disband, as the Public Works Committee did earlier this summer. The committee also approved two proposals.

As part of its approval of a recent building expansion by Synthes Ltd., the town directed the company to apply for a replat. The current property plat shows eight lots, and the building now lies on several of these lots. (See the planning commission article on the facing page for details.) In effect, the new plat erases the interior lot lines for seven of the eight lots. The landscaping plan for the 80,000-square-foot expansion had been approved by the committee before construction began. As there were no physical changes in the proposal, the committee approved the replat unanimously, 3-0. Monika Marky and Ed DeLaney were absent.

Developer Jack Wiepking presented his request to change the landscape buffering for his new development just west of Old Denver Highway and south of Ranchero Valley Way, which he had presented to the Planning Commission on Aug. 13. The Parks and Landscape Committee had denied his written buffering change request on Aug. 12, saying it was too vague, but had also extended an invitation for Wiepking to present it at the September meeting for reconsideration. Wiepking told the board that wooden privacy fences deteriorate in five to seven years and are most often not well maintained by subdivision homeowners associations (HOAs). Also, the easements between the privacy fences and roadways often become overgrown with weeds, and the easement landscaping usually dies within a few years due to HOA neglect.

The residences he is building along Old Denver Highway are several feet below roadbed grade. He proposed buffering along the highway that uses small berms, where grading permits, and split rail fencing, with many trees, spreading shrubs, and tall drought-resistant wild grasses to enhance the immediate and long-term value of the property. He showed pictures of this increasingly popular alternative buffering method, which was used in the recent renovation of the Broadmoor Hotel. Feathered reed grass is particularly effective in this kind of landscaping, as it stays green through the winter.

He proposed a split rail fence because of the numerous buried utilities along the highway. Postholes must be dug by hand, and split rail requires only an 18-inch depth, while privacy fence posthole depth is 30 inches. Toni Martin asked him who would maintain the split rail fence, and he said the HOA.

Davenport noted that Wiepking had incurred considerable expense in planting numerous 20-to-30-foot Douglas firs and ponderosa pines throughout the development, far exceeding the subdivision landscaping requirement. Linda Pankratz noted that many of the trees along the Santa Fe Trails development were dead. Wiepking said that is usually the result of no maintenance, poor soil preparation, or no watering. Pankratz concurred, noting that all the ponderosas planted at the town’s skateboard park died within a few months. Chairman John Savage asked how many of these very large trees had been transplanted. Wiepking said 70 so far. Wiepking said he would prefer to build the buffering as the houses were built rather than all at once, as is often done with privacy fences, to prevent damage during construction. Savage asked if it wouldn’t be cheaper to build the buffer all at once. Wiepking said it would be hard to do so many tall trees all at once and expect them to survive. Davenport said the landscape bond could be rolled over as construction progressed.

Savage agreed that this was a much better idea than they had thought after reading his written proposal, and the results would be much more attractive. Martin agreed, as long as the longer-term nonstandard bonding could be worked out. "We’ve seen too many plantings die during or shortly after construction." The proposal was approved unanimously.

In other business, Martin asked about the status of using the very large culverts under I-25 by the Safeway to connect trails on either side of the interstate. Davenport said it would be shown on the new comprehensive trails plan as the north crossing trail. He had confirmed with Fish and Wildlife that it was not mouse territory.

Pankratz commented about the dying plantings in all the town parks and around town well buildings. She said weeds had grown to one-third the building height at Second and Beacon Lite, the main entry. "We are not in compliance with our own regulations." Davenport offered to have a letter to the Board of Trustees drafted for Savage’s signature. The committee concurred. Pankratz added that at least $8,000 had been spent on that building, and 70 percent of the plantings were dead or dying due to lack of maintenance. Davenport said this a townwide problem, as public works staff are continuously diverted to road, utility, and building maintenance—although that is not their primary function. Reiterating that "we’re not following our own rules and what we put in dies due to lack of maintenance," Pankratz agreed to sign the complaint to the BOT for Savage, who was leaving town the next morning.

A proposal to transfer the responsibility for notifying people to remove their beetle-infested trees from the committee to the public works department passed unanimously.

The postponed final presentation of the Parks, Trails, and Open Space Plan by University of Denver graduate students will be given to the committee on Oct. 6. One of the students had an appendectomy and simultaneously contracted West Nile virus. Davenport said he has coordinated a 30-day extension, to Nov. 10, on the Greater Colorado Outdoors (GOCO) grant that is funding this popular study.

A listing of P&L projects for 2001, 2002, and 2003 was reviewed in a lengthy discussion. Priority was given to building restrooms in Limbach Park versus Dirty Woman Creek Park. Davenport said the hard part for these unfunded 2002 projects was figuring out how to pay for it, as park budgets are being cut nationwide.

Davenport noted that building parks in Jackson Creek is very difficult because of the expense involved. Middle school fields are not open to the public because of liability concerns and the difficulty of discerning responsibility for misuse, as various groups rotate through the facilities. The administrative difficulties make it easier for District 38 just to say no. The town would need to apply for a GOCO grant of up to $1 million to build an appropriate community park for Jackson Creek. There is no prospect for the town to have matching funds required for GOCO in the foreseeable future.

There was a brief discussion regarding the negative connotation of the name Dirty Woman Creek on grant applications and that it might affect grant approval. Savage and Pankratz said that changing the name of the park or not listing it on the applications was unacceptable. Davenport said the only parks grant that the town has received in the past four years was the one for the University of Denver Parks, Trails, and Open Space Plan study.

Savage said the only way the town could move forward was to have a separate parks department with its own director: "Parks are always the last priority." Davenport said that combining the parks budget into the public works budget makes it more likely to pass, but diversion of parks personnel to road maintenance is the negative. The committee decided to recommend that there be one summer hire dedicated to parks maintenance and that future hires be designated for doing parks and landscape maintenance exclusively. Barring the latter full-time hire, the town must outsource to a private landscaper, to keep the town’s investments alive.

When asked by Davenport whether the committee would like to take the option to discontinue meeting, as the Public Works Committee had, they unanimously declined, while reiterating their frustration.

The next meeting is Oct. 8 in Town Hall at 6:30 p.m.

The Monument Police Advisory Committee (PAC) meeting was not held because it was one member short of a quorum. In a follow-up phone interview, Chief of Police Joe Kissell discussed the information he would have passed to the committee:

The PAC’s next regularly scheduled meeting is in November.

The Triview Metropolitan District Board of Directors held its regular meeting Sept. 24. Director Steve Stephenson was absent.

Rick Blevins of Vision Development, Inc., reported that grading of the Home Depot site is under way. The groundbreaking ceremony was held Sept. 19. He added that the project is six weeks ahead of schedule. He later added that three other medium-to-small box stores and several restaurants have expressed interest in being part of the project.

Blevins said the drainage structures have been redesigned to reduce the cost. He said that part of the project is being put back out for bid.

Blevins reported that a prebid conference was held Sept. 24 for the wet utilities, asphalt, curb, gutter, and sidewalk. Bid opening will be Oct. 3. He said the goal is to start construction on the utilities in October. He added that clearance for Jackson Creek Parkway, the crossing of Jackson Creek, and Leather Chaps Drive was obtained from the regional floodplain administrator.

Due to the decrease from 9.15 percent to 7.96 percent in the residential factor used by the county assessor for determining assessed value from market value, the mill levy cap agreement approved last month increases the maximum mill levy from 54 mills to 62 mills. The change in the value of the cap does not change the current approved property tax rate for the district, which stands at 25 mills. The statewide Gallagher Amendment dictates the decrease in the assessed value factor. Blevins said the result is an estimated $4 million drop in the assessed value of property in the Triview district. The board unanimously approved a revised term sheet for the Phase G (Marketplace) funding reflecting the changes.

Regarding the Preble’s Meadow Jumping Mouse habitat issues on the proposed Wal-Mart site, Ron Simpson, manager of the Triview district, said, "I don’t know which way it is going to go." He said he thought it is unlikely Wal-Mart would mount a legal challenge to the U.S. Fish and Wildlife Services (FWS) findings. He also said he thought it is unlikely Wal-Mart would change locations. He said they might purchase the property and then work to resolve the issues.

Peter Susemihl, attorney for the Triview district, said, "I think they will try to get the lower level ruling reversed." He added, "If the landowner started doing construction, then the burden shifts to the Fish and Wildlife Service." He said, "There is no evidence there is mouse in there."

Simpson reported that the Monument Board of Trustees did not approve a ballot measure for the November election required for the town to change the intergovernmental agreement (IGA) with Triview and contribute $2 million to the cost of infrastructure improvements associated with the Marketplace. He noted that the district received a Sept. 23 letter from Jackson Creek resident and Monument Trustee Frank Orten, one of the trustees who voted in favor of the ballot measure, inquiring as to the possibility of Triview deannexing from the Town of Monument, what the process would be, and what the timeframe would be.

Susemihl noted that it is a complicated issue. He said town attorney Gary Shupp ruled it would not be possible based on statutes that relate to unplatted or agricultural land. Simpson asked, "Is Shupp’s determination the final word?" Susemihl replied, "No, but you won’t know until you go to court." He added, "This is a unique situation due to the IGA. The IGA gives Triview the right to deannex if the town violates the agreement. The district could file suit under the IGA and ask the court to deannex. The question is ‘Would the town fight it?’"

Jackson Creek resident and Triview director Martha Gurnick said, "We should explore that possibility." Simpson characterized it as a political decision. Gurnick said, "I don’t see it as political. It is just the tax money." Susemihl mused, "Can the district be the petitioner or should it be property owners?" Simpson said, "Advocates should form a citizens’ committee." He added, "Deannexation is the [Triview district’s] prime remedy, our safety net. What does this mean for our IGA? If this goes away, we have no out." He noted, "We haven’t declared a dispute and sought that cure."

Susemihl said, "It doesn’t apply unless there is a blatant violation of the IGA, and there isn’t one." He added, "I think you need a citizens’ group." Gurnick said, "The [homeowners’ association] needs a project." Jackson Creek resident and Triview director Linda Jones added, "They need to know we have heard them. It is not strong enough without our support."

Simpson reported that a meeting is scheduled in two weeks with FWS to discuss the interim improvements to Baptist Road required as part of the Marketplace approval by the town. The improvements are expected to be made within the existing right-of-way but would impact the surrounding mouse habitat.

When contacted later, Simpson said the project may require 4 to 4½ acres of mitigation habitat. He said funding for the project will be provided by the Marketplace developer. In the event Wal-Mart is approved, the Marketplace developer would be reimbursed for part of the cost of the Baptist Road improvements.

Simpson reported that Tonya and Chuck Bjustrom raised $7,600 toward playground equipment for Homestead Park A. Blevins noted that two builders committed to contribute to the project but the district would be obligated to cover maintenance of the equipment.

The Waste Water Treatment Facility (WWTF) is jointly owned by the Triview district, the Donala Water and Sanitation district that serves Gleneagle, and the Forest Lakes Metropolitan District that currently does not have any users. Simpson reported that Dana Duthie, manager of the Donala district, still wants to start design of the expansion of the plant in January 2004. Simpson said that Donala is proposing to provide all the funding. Simpson said that if the financing of Triview’s portion of the cost were amortized over seven years, the interest rate charged by Donala would be about 8 percent. If the cost were amortized over six years, the rate would drop to about 7 percent.

Simpson reported that Arapahoe aquifer well A4 needed for the Marketplace project is expected to be producing water in a few days. The cost for the well is to be paid from the Phase G bonds. He noted that the cost for equipping recently drilled Denver aquifer well D7 is $97,212. That is to be paid by developer Miles Grant.

Simpson reported that Classic Homes has requested waivers from the Oct. 1 imposition of the new higher tap fees for nine houses that have closed on financing. The difference in total fees to be paid by Classic is $26,235. Jones and Gurnick said the waivers should not be granted. Simpson said that Home Depot has requested an increase from a 2-inch water tap to a 3-inch tap for water used inside the store. The 3-inch tap is equivalent to 19 single-family house taps. Home Depot is also requesting a 1½-inch irrigation tap.

Simpson distributed a draft budget. Detailed discussion is scheduled for the Oct. 22 meeting.

The board went into executive session to discuss land acquisition. When the executive session concluded, the board unanimously voted to authorize Susemihl to initiate court proceedings for condemnation if an agreement cannot be reached with Miles Grant regarding easements needed for construction of Jackson Creek Parkway.

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The Triview Metropolitan District Board of Directors normally meets on the fourth Wednesday of each month, 4:30 p.m., at the district offices, 174 North Washington St. The next meeting will be Oct. 22. Due to conflicts with holidays, the November and December meetings will be held Nov. 19 and Dec. 10. The regular schedule will resume in January.

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

The Donald Wescott Fire Protection District Board (DWFPD) met on Sept. 17 with all members present. Unlike the August meeting, this session was routine, with no controversial agenda items or discussion. All board members were present.

President Bill Lowes discussed the need for DWFPD to be involved during consideration by Colorado Springs City Council of Classic Homes’ request to have the Flying Horse Ranch property annexed to the city. City Council will consider the matter on Oct. 14 and 28. Lowes said that the board must be represented at both these hearings. The 1,556-acre, $12 million parcel—currently unincorporated and unimproved county land—is part of DWFPD. The parcel lies west of Highway 83 from Northgate Road down to the Rampart Range campus of Pikes Peak Community College; its western boundary is contiguous with established developments east of Voyager Parkway.

Classic Homes has said it will not develop the land as proposed if the city does not annex it. During the first 10 years of development, the city should gain a minimum of $4.7 million profit in tax revenues over and above the cost of any city services provided and profit at an even higher average annual rate during the first 15 years of development. The Colorado Springs Planning Commission unanimously recommended annexation.

If, as is currently expected, the city votes to annex the parcel, DWFPD would continue to provide fire service to the area for several years, as the city has no fire resources it can provide in the near term. All property in the parcel would be taxed for fire service by DWFPD and the city for an indefinite period. DWFPD has a long history of relinquishing previously unincorporated southern district property, including its Station 1, as city limits have moved northward and subdivisions have been steadily annexed over the past several decades.

The three-school, 20-acre District 20 campus—to be built just southwest of the intersection of Northgate and Roller Coaster Roads—will be of immediate concern to the board, according to Chief Bill Sheldon. He has had introductory meetings with the district’s architects and the developer. These schools were to have been built on the Air Force Academy, but plans were abandoned after military security was greatly increased following the Sept. 11 terrorist attacks. The middle school will open at the start of the 2004 school year and is expected to be immediately filled to capacity, before a single house is built in Flying Horse Ranch—hence District 20’s sense of urgency to begin and accelerate construction. The elementary school will be completed by the end of 2004 and will also be immediately near capacity. Sheldon said he has coordinated with the fire marshal for Colorado Springs, Brett Lacey, and anticipated no problems with routine construction fire inspections. The city will take the lead on conducting these inspections and DWFPD will accompany them to assist and also learn the building and fire detection system layouts. Sheldon said there are a number of revised state regulations that have to be complied with and this is an additional practical learning opportunity for his district.

Lowes said that the Palmer Lake Volunteer Fire Department (PLVFD) merger with the Woodmoor/Monument Fire Protection District (W/MFPD) was moving forward without problems. PLVFD will be setting a date for a special election after the regular November election. He noted the resignation of Palmer Lake Town Council Trustee Scott Russell, who had led the PLVFD inclusion process. Lowes said he had contacted Tom Conroy of W/MFPD to stay in touch on the merger. Lowes said that DWFPD would need to rework mutual agreements with W/MFPD after the inclusion of PLVFD. Similarly, DWFPD could not assess the need to increase its mill levy until after the inclusion election for Black Forest residents, scheduled for Nov. 4. He added that Tri-Lakes Fire Protection District (TLFPD) has not expressed an interest in renewing merger discussions with anyone nor have they accepted any more petitions from the 13-square-mile Black Forest area subject to the November election. All paperwork for the DWFPD Black Forest inclusion election has been accepted by the county.

In other matters:

The next DWFPD board meeting will be on Oct. 15 at 7 p.m.

In the Sept. 6 article on the Donald Wescott Fire Protection District board meeting, there were three uses of the incorrect term "automatic mutual aid." It should have read "mutual aid." There are two types of aid between fire districts, automatic aid and mutual aid.

Automatic aid refers to the simultaneous dispatching by the county of personnel and equipment from fire protection districts other than the district with primary responsibility and taxing authority. For example, a fire or ambulance call in the Jackson Creek subdivision may result in the county dispatching not only the Tri-Lakes Fire Protection District but also the Wescott district, since it is closer. Ordinarily, if Wescott arrives first, the operational command of the situation would be turned over to Tri-Lakes at an appropriate time.

Mutual aid is a voluntary agreement between North End Group fire districts that authorizes an on-scene commander to ask for voluntary assistance from another fire district, outside the automatic aid dispatch county protocol, if the situation requires additional support. This direct communication is simpler and more efficient and supplements the automatic aid county dispatch procedure.

Tri-Lakes FPD board meeting Sept. 18

At its meeting Sept. 18, the Tri-Lakes Fire Protection District board of directors discussed issues between the Tri-Lakes district and the Donald Wescott Fire Protection District and their coverage in the newspapers, status of efforts to gain county approval of fire station 2 on Roller Coaster Road and Highway 105, and a potential fire station 3 near the recently approved Monument Marketplace.

A letter was circulated from Wescott district board chairman Bill Lowes responding to suggestions by Tri-Lakes president Charlie Pocock (reported in last month’s OCN) that the two districts hold a joint meeting. In his letter, Lowes said, "The unanimous vote of our Directors was that based upon the actions of your Department and those of your Board of Directors, during the past few months, there would be no positive actions that could come of this meeting."

Pocock circulated copies of his letter of reply that read in part: "While we don’t expect we will always agree, your continual refusal to even discuss the issues can only lead to wider division between our Boards…. We remain ready to discuss common issues with anyone, but based upon your letter and your stated opinion of your Board Directors, we will not ask you again."

One of the issues between the two districts is inclusion of property east of Highway 83. Inclusion into the Wescott district will be decided by the vote on a Nov. 4 ballot measure. Several property owners within that area have petitioned for inclusion into the Tri-Lakes district and been accepted by the district. If the ballot measure passes, it raises the prospect that those property owners might be billed for taxes for both districts. John Bass, the county assessor, sent letters to those property owners notifying them of the possibility.

Pocock distributed copies of a letter he sent to those property owners assuring them that if the ballot measure succeeds, the Tri-Lakes district will agree to exclude them if the Wescott district will not exclude them.

Pocock was critical of newspaper coverage of the fire districts. He expressed dissatisfaction with all the local papers and then quoted at length OCN’s coverage of the Aug. 20 Wescott board meeting that ran in the September issue. In particular, he objected to Wescott Chief Bill Sheldon’s comments regarding three areas: The Aug. 5 structure fire in Jackson Creek, housing of Wescott trucks at the Tri-Lakes district, and participation by Tri-Lakes in the North End Group of chiefs.

Pocock reported that on Aug. 25, a general critique by all the agencies involved with the Aug. 5 fire was held. He said, "The allegations [by Sheldon] were found to be incorrect." For instance, in response to the allegation that the Tri-Lakes personnel were unfamiliar with their equipment, Pocock said, "There was a mechanical failure of an electrical connection. It had nothing to do with familiarity with the equipment." After giving a timeline covering an hour starting about 6 p.m. on Aug. 5 during which the district responded to three wildland fires, a traffic accident, a medical call, and the structure fire in Jackson Creek, he summarized, "To say we aren’t carrying our share of the load, I disagree."

Pocock noted that due to the exclusion of areas of the Wescott district within Colorado Springs, Wescott transferred one of its stations to the Colorado Springs Fire Department and so was looking for someplace to store two trucks. He added, "We didn’t borrow [the trucks]. They asked us to store them. We haven’t used them once."

As to the Tri-Lakes participation in the North End Group of chiefs, Pocock said, "Of the 12 North End Group meetings since August 2002, we have attended all except two." He added that Sheldon has missed several North End Group meetings.

Tri-Lakes district director and treasurer John Hildebrandt reported that property tax assessed values in the district are projected to increase about 3 percent, adding an estimated $30,000 to $35,000 to annual district revenue—despite a decrease from 9.15 percent to 7.96 percent in the residential factor used by the assessor for determining assessed value from market value. By contrast, he noted the Woodmoor-Monument Fire Protection District is projected to see about a $40,000 decrease in revenue.

Pocock said the additional assessed value from construction of Home Depot in the Monument Marketplace will not be on the books until 2005.

Chief Robert Denboske reported that during August, the district responded to 108 calls, bringing the total for the year to 746, which he said is a 17 percent increase compared to last year.

Denboske noted that he is meeting with Sheldon at least once a week, and Captain Brian Jack is working with the Woodmoor-Monument district. He said the purpose of the meetings is to improve the working relationship between the districts at the operational level. He said, "I have good feelings about these meetings. Let the chiefs work on it. Let us come to you with a plan."

Denboske reported that there was a North End Group meeting Sept. 17. He said, "There was no discussion of removing us."

Lieutenant John Vincent reported on research into purchasing an initial attack truck. He described it as a cross between a pumper and an urban-wildland interface truck. It would have a short wheelbase, 4-wheel drive, and space for four to five firefighters. He said, based on the half-dozen manufacturers they have studied so far, prices range from about $192,000 to $325,000. The goal is to refine the specifications and develop an item for inclusion in the 2004 budget.

Denboske reported that Lieutenant Chris Mola is receiving an award recognizing Mola and the Tri-Lakes district’s participation in Project Adventure with Lewis-Palmer School District 38. The project helps young people through confidence-building exercises.

Pocock reported that in order to satisfy El Paso County’s rule requiring 300 years of water availability, the district has an agreement to obtain shares in Great Divide Water Company, which owns the well adjacent to station 2. He described this as the "last hurdle" prior to seeking county approval.

Pocock reported that he met with Rick Blevins of Vision Development Company regarding a potential fire station, referred to as station 3, near the Monument Marketplace project. It would be built on the extension of Jackson Creek Parkway north from Baptist Road.

Director and architect Rick Barnes added that he has been meeting with the developer and other interested parties. He said the current plan is for a combined design that includes an enlarged electrical facility to house equipment for Tri-State Generation and Transmission Association and the Mountain View Electric Association, offices for the Triview Metropolitan District, a fire station, and possibly facilities for other public entities. In past discussions, Blevins has included a Monument police station as a potential part of the design.

Barnes said the developer would build the fire station and then lease it to the Tri-Lakes district. He said, "The developer is going out of his way to make this work for us."

Pocock said the plan for the fire station is expected to be similar to the design for station 2 at Roller Coaster Road and Highway 105.

Hildebrandt said the increased property tax base resulting from the Marketplace development would contribute tax revenue toward staffing and equipping station 3.

The meeting ended with an executive session to discuss personnel matters and strategy for negotiations.

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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 is scheduled for Oct. 16.

For more information, call Chief Denboske at 481-2312. The Tri-Lakes district has a new web site: www.tri-lakesfire.com.

Woodmoor-Monument FPD Board meeting Sept. 22<