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At its regular meeting Nov. 19, the Triview Metropolitan District Board of Directors unanimously approved issuing $15 million in additional bonds to pay for Phase G. Phase G is the collective label for the roadway, water, wastewater, reuse water, and drainage improvements associated with the Monument Marketplace project. Phase G includes the extension of Jackson Creek Parkway from Baptist Road to Higby Road.

This was the largest single bond issue in the district’s history. The new debt issuance will bring the total district indebtedness to about $36 million, or about $60,000 per house in Jackson Creek.

Monument Marketplace

Rick Blevins of Marketplace developer Vision Development, Inc., reported that grading of the extension of Jackson Creek Parkway from Baptist Road to Higby Road is 70 to 75 percent complete. He said that north of the Marketplace site, drainage culverts are being installed and paving is scheduled for the first week in December. He added that work south of the Marketplace is on hold, pending condemnation of property for the needed right-of-way.

Blevins said design consultant CLC Associates is reworking the drawings for water, reuse water, and sewer utilities to reduce construction costs. Bids for that work came in about $600,000 over budget. Once the redesign is completed, revised bids will be sought.

District engineer Chuck Ritter of Nolte and Associates reported that bids for the sewer collector line for the Marketplace have been received. Arapahoe Utilities was the low bidder at $319,536. Construction will start when the easements are acquired.

At the board’s Oct. 22 meeting, Peter Susemihl, attorney for the Triview district, was authorized to use condemnation proceedings if necessary to obtain the easements. Susemihl reported that he filed two condemnation actions. One is against Miles Grant for Jackson Creek Parkway right-of-way. The other is for the utility easement across the Watt properties, including the property leased to Foxworth-Galbraith. Susemihl said the court hearings are scheduled for Dec. 5.

Director Steve Stephenson asked how much disruption the sewer work will entail. Blevins replied that one lane of Baptist Road from the Struthers frontage road to Jackson Creek Parkway will have to be closed for two weeks.

Blevins reported that he has received numerous calls from potential tenants for other store sites near Home Depot. He said some are "medium box" retailers seeking 12,000- to 80,000-square-foot sites.

Phase G Bonds

Blevins presented a revision to the mill levy cap agreement approved last month between the district and the current bondholders, Tim and Tom Phelan. Blevins said bond counsel suggested the revision. He said the agreement fixes the Phase G construction funding at $7.5 million and sets aside $4.2 million to repay developer loans. Ron Simpson, manager of the Triview district, added that the $4.2 million would save the district $364,000 per year in interest costs and retire all but $1.5 million of the outstanding bonds that carry about 9 percent interest per year. He said older outstanding 12 percent interest rate bonds would not be affected.

The board unanimously approved the revised agreement. The agreement allows a maximum mill levy of 62 mills. The cap does not change the current approved property tax rate for the district, which stands at 25 mills.

Blevins said the debt service on the Phase G bonds will be 3 percent, comprised of 1.325 percent interest and 1.625 percent to pay for the letter of credit from Compass Bank. The district is currently unrated and could not find buyers for the debt without the letter of credit that gives the offering an A rating.

Bond resolutions covering these matters were unanimously approved. As shown in the photo, board president Kathy Walters and secretary-treasurer Gary Walters signed the bond documents presented by bond counsel Kimberley Crawford.

WWTF expansion

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. Ritter reported that the group is addressing the question of expanding the current process or switching to a new process called Sequencing Batch Reaction (SBR). Ritter said SBR is more space efficient. Triview and Donala want to convert to the new process, and Forest Lakes favors expanding the current process.

Ritter estimated that the present plant will reach 100 percent capacity in fall 2006, so the design effort must start early in 2004. He said Dana Duthie, manager of the Donala district, intends to start design of the plant expansion in January 2004.

Simpson said the option of having Donala provide financing is expensive. He said the district needs to pursue alternative ways of financing Triview’s share of the costs.

Wal-Mart

Simpson said the district is working to resolve Preble’s Meadow Jumping Mouse habitat issues on the Wal-Mart site. Simpson said he is looking at three properties that could be used as part of a habitat conservation plan (HCP) to satisfy the U.S. Fish and Wildlife Service (FWS) requirements. He said Peter Plage of FWS prefers the most expensive of the properties.

Stephenson asked who would pay for the property to be used in the HCP. Simpson replied, "Eventually, the [Wal-Mart Public Improvement Corporation (PIC)]. We may have to fund it until the PIC gets done."

Blevins said, "You are at risk if the PIC isn’t formed. Why wouldn’t Wal-Mart pay? Why should Triview take that risk?"

Peter Susemihl, attorney for the Triview district, said, "Get the deal cut with Fish and Wildlife. Figure out what is acceptable and get [FWS] to back off to the 1999 letter."

Susemihl was referring to the Dec. 21, 1999, FWS letter that concluded there was no mouse habitat on the site. That conclusion was based on a site survey conducted by a Wal-Mart consultant. When an updated survey was conducted by a different consultant as part of the submission to the county planning department, FWS issued a letter July 30, 2003, that said in part, "Based on new information provided, the Service has determined that a population of Preble’s may be present within the subject area and does not concur that the proposed project on this site would not have direct/indirect adverse effects to Preble’s."

Home Depot

Simpson noted that Triview is fronting the costs for review of Home Depot’s plans and for inspection of the pipes for the site. He estimated the review costs so far at $22,000 and the inspection costs at $7,700. He said the district will be reimbursed but raised the question whether the district’s regulations should be changed to charge builders of commercial properties up front as is done with residential construction.

2004 Budget

Simpson stepped through the revised draft budget. He noted that an intergovernmental agreement with the Town of Monument has been approved. The town will provide operation and maintenance of the district’s water and wastewater systems at an annual cost of $162,500. He said this was $50,000 less than the district was projected to pay the Donala district for the same services. Simpson said Donala will be paid $22,000 as part of the one-month transition of the work to the town. Simpson said the town will hire one additional person to handle the work.

As shown in the table below, the district budget information is split into a district fund and an enterprise fund. The enterprise fund covers water, wastewater, and reuse water services. The district fund covers all the other operations of the district.

District revenue projections assume 90 single-family equivalents (SFE) would be built per year and there would be 2,300-2,400 SFEs in the district at full build-out. Anticipated 2004 revenues are as follows:

Fees for new connections

$1,133,100 Fees for residential connections
$ 167,774 Fees for Home Depot
$ 185,805 Fees for Academy View
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$1,486,679 Total Fee Revenue

User charges and taxes

$ 531,034 Water and Sewer User Charges
$ 419,719 Property Tax at 25 mills
$ 150,000 Sales Tax
$ 61,725 Share in town property tax
$ 58,072 Specific ownership tax
$ 56,430 Residential use tax
$ 37,500 Auto tax
$ 17,000 Commercial use tax
-------------
$1,331,480 User charges/ taxes

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$2,818,159 Total 2004 revenue

Subtracting the $1,720,533 in budgeted expenditures leaves $1,097,626 for bond payments. Simpson estimated the Phase G bond payments in 2004 would be $452,276, leaving $645,350 for payment of debt service on the remaining $19 million in developer bonds. The interest on that $19 million exceeds $1.7 million per year, so the district will continue to fall behind about $1 million per year on the debt service on the developer bonds.

Proposed capital projects include:

All the capital projects would be financed from the Phase G bonds except the sewer interceptor. That 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.

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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 N. Washington St. The December meeting will be held Dec. 10. The regular schedule will resume in January.

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

On Dec. 1, the Colorado State Supreme Court unanimously refused to hear an appeal by the El Paso County Board of County Commissioners (BOCC) of a district judge’s finding that the southernmost 80 acres of Black Forest Regional Park (BFRP) is in fact subject to the federal Sisk Act. This means the existing park road, north of Shoup Road, cannot be widened or paved or serve to reach the entrance of Cathedral Pines, a subdivision proposed to be built on the north edge of the park by Kings Deer Developer Dan Potter. County Attorney Mike Lucas confirmed to OCN that the commissioners will now move forward with their 2002 decision to condemn land on adjoining lots just west of the park’s boundary in order to extend Milam Road parallel to the park’s dirt access road.

Friends of Black Forest Regional Park (FOBFRP) President Gary Schinderle told OCN the Supreme Court decision along with the Colorado Court of Appeals decision in May confirm every aspect of Fourth Judicial District Court Judge Kirk S. Samelson’s October 2002 opinion, "establishing a major precedent for the nation."

"It would be our hope that owners of Robison Ranch [current owners of the proposed subdivision land] and the board will reconsider seeking the use of powers of eminent domain to take private property for nothing more than a road that goes nowhere other than the entrance of a new high-end land development to help a large campaign contributor to [Commissioner] Wayne Williams," said Schinderle. "This use of eminent domain is now a vindictive act by the county to retaliate against a group of private citizens that merely forced the county to obey the law. The board is trying to teach the people of the county a lesson that property owners are not able to say no."

Williams expressed regret the road to Cathedral Pines could not now be built entirely within the park. Lucas said that in the coming weeks, he will present options to the BOCC for further litigation against the 10 landowners who vigorously oppose the condemnation. Lucas expressed optimism that good-faith bargaining by the county might yet allow Potter to purchase the right-of-way without requiring the county to resort to condemnation.

So far, the court battle against the county has lasted three years and cost FOBFRP more than $150,000 in legal expenses. Even though FOBFRP won in court, under Colorado law, they can only recover court costs. They will not be allowed to recover attorneys’ fees. The county still refuses to pay about $7,000, and Potter still has not paid $11,000 in court costs assessed in 2001 by a federal court judge for filing what the judge e determined to be a nuisance suit, Schinderle added.

A successful appeal would have saved Potter from having to pay the much higher costs of legal condemnation and purchase of privately owned land to build his road. Potter has not yet purchased the Cathedral Pines parcel from the owners of Robison Ranch. It is not known if he would be required to buy the subdivision parcel before condemnation or after the road is built.

Background

In 1944, an 80-acre tract of heavily wooded land, previously owned by a lumber company, was conveyed to the U.S. Forest Service (USFS) and has been used solely as a park ever since. This conveyance was subject to a federal law called the Sisk Act that allows USFS lands no more than 80 acres in size to be conveyed to a state, county, or city government only if its use does not change. In 1977, USFS issued a permit allowing El Paso County to use the 80 acres, which were incorporated into BFRP, boosting the park’s size to more than 300 acres. In 1999, the county acquired the 80 acres from USFS. The deed requires the county to use the property as a recreational park. 

Planning Commission approval: The El Paso County Planning Commission approved extending Milam Road through BFRP and the Cathedral Pines subdivision plan—161 upscale homes in an 800-acre subdivision—in early 2001. Potter offered to donate 208 contiguous acres, which would nearly double the size of BFRP.

Friends of Black Forest Regional Park (FOBFRP) Lawsuit: FOBFRP filed a lawsuit in district court to block the Milam Road extension and obtained a temporary restraining order to stay the rezoning proceedings. Following the lawsuit, the county and the developer filed motions to dismiss, but the trial court denied both motions, ruling that FOBFRP had standing to contest the validity of the easement and that the 1921 deed did not create a road easement. The court further ruled that the property was subject to the Sisk Act, which prohibited construction of a road through that portion of the park and that the developer did not have standing to argue otherwise.

BOCC Approval: In July 2001, the BOCC approved Potter’s proposal to build Cathedral Pines—with the road entirely through BFRP, as originally proposed by Potter.

District Court Decision: On Oct. 12, 2002, Fourth Judicial District Court Judge Kirk S. Samelson ruled that FOBFRP had standing to contest the validity of the easement and that the 1921 deed did not create a road easement, stating "The proposed extension of Milam Road through the park property for access to the King’s Deer development ... is prohibited." He concluded that "…the primary purpose for the proposed Milam Road extension through the park property would be for access to the King’s Deer 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." The order preserved the 80 acres as a "roadless" recreational destination.

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

BOCC Condemnation Decision: On Dec. 16, 2002, the BOCC voted 4-1 to commence condemnation proceedings to acquire an 80-foot right-of-way easement immediately west of the 80 acres. The condemnation also includes portions of properties south of Shoup Road to enable alignment with existing Milam Road. In all, 14 separate easements are to be acquired from 10 property owners, for a total of 7.5 acres.

The commissioners authorized up to $200,000 in county legal expenses associated with the action, not counting purchase cost of the condemned land. According to Assistant County Attorney Bill Lewis, additional funds may be needed. According to Lewis, King’s Deer Development LLC contributed an initial $25,000 and is expected to provide an additional $105,000 to pay condemnation lawyers’ fees.

Lewis said "public purpose" was demonstrated by the approval of the Cathedral Pines plan by the county planning commission and board of county commissioners even though Potter does not yet own the subdivision parcel. The approved plan is dependent on construction of the Milam Road extension. Lewis said the extension "would improve 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 existing access points to several surrounding roads.

Colorado Court of Appeals Ruling: On April 24, 2003, the Colorado Court of Appeals unanimously upheld the lower court ruling barring Potter from building a road through the 80-acre portion of BFRP. The three-judge panel of the Court of Appeals unanimously affirmed Samelson’s rulings on each of six main points.

The judges first ruled that the county exceeded its jurisdiction and abused its discretion when it approved rezoning and a 30-foot wide road easement. The judges also disagreed with the developer’s contention that the plaintiffs (FOBFRP) did not have standing to challenge the validity of the road easement. The U.S. and Colorado Supreme Courts have held that aesthetic and ecological interests are sufficient to grant standing to a plaintiff.

The judges further agreed with Samelson that the road easement—although specified by the lumber company in deeds from 1921 and 1932—was not granted and does not exist and that the Sisk Act prohibits construction of the road. The language of the 1921 and 1932 deeds does not constitute a dedication of an easement to the public.

The appeals court further rejected the county’s argument that the park may be used for any "local government purposes." The developer presented evidence that an extension of the road would provide benefits for the park, including improved access for park users, improved capability to fight forest fires and deal with mistletoe problems, and access to the additional 208 acres the developer would donate to the park. "While these uses may be legitimate, we agree with the trial court that they are secondary to the road’s primary purpose–access to the developer’s new housing development."

The Board of Directors of the Baptist Road Rural Transportation Authority (BRRTA) held a special meeting at 1:30 p.m. on Nov. 14 at Monument Town Hall. Byron Glenn, BRRTA president, called the meeting to order. County Commissioner Jim Bensberg was absent.

Minutes/District 38 Payment

On Sept. 25, Lewis Palmer School District 38 announced it had agreed to make a one-time donation to BRRTA, rather than agree to an "impact fee." However, BRRTA’s Sept. 25 minutes say the Board of Directors "reported that, during the executive session, it negotiated with the School Board on a reasonable fee for the existing school building and no impact fee for future public school facility impact fees" [sic]. The minutes further state "that the existing structure will be assessed an impact fee of $.34/s.f., the total amount of $34,000 to be paid by the School District no later than December 31, 2003, and that future public school facilities of any kind located within the present and future boundaries of BRRTA will not be assessed an impact fee." Later in the November meeting, BRRTA Manager Conner Shepherd, distributed photocopies of the D-38 check for $34,000 along with a copy of the signed Oct. 16 agreement.

Wording in the agreement is different from either of these announcements, using the words "the Payment" instead of "donation" or "impact fee." Wording in the agreement says the $34,000 "Payment" is "full and final settlement of all sums BRRTA alleges it is owed by the district as a result of construction of Creekside Middle School with BRRTA’s current boundaries."

The agreement leaves unresolved the validity of one government entity being able to tax another, stating: "The parties acknowledge that this payment is the settlement of the disputed claim and that in making the Payment, the District is in no way acknowledging the legal authority of BRRTA to collect any fee or charge from the District, and in fact, the District expressly denies BRRTA’s authority to do so. Likewise, BRRTA, in accepting the Payment as a final, one-time only payment from the District, is in no way acknowledging the correctness of the District’s legal position, and in fact, BRRTA expressly asserts its right to collect fees or charges for not only the Creekside Middle School but any other District construction within its boundaries, as now constituted or subsequently revised."

BRRTA and the district also agreed that any future litigation regarding impact fees would be presented to the county district court, and the prevailing party would be able to recover costs and attorney fees. D-38 Board of Education President Jeffrey Ferguson and Treasurer Tommie Plank, and BRRTA’s Glenn and Betty Konarski signed the agreement.

Items from Citizens

Fox Run resident Steve Waldmann addressed the board. He asked for specifics on estimated Baptist Road traffic counts between Desiree and Tari Drives, before and after the proposed extension of Baptist east from Roller Coaster Road to Hodgen Road. (This is the steepest part of Baptist Road, and there are no plans to reduce the approximately 10 percent grade that far exceeds county standards for a major arterial roadway and is treacherous in snow and ice.) The board offered no response.

Andre Brackin, of El Paso County Department of Transportation (EPCDOT), suggested Waldmann contact Dick Carlson of EPCDOT for the most recent traffic counts and projections. There was a short discussion about the wide variation in traffic count projections, as well as configurations of Baptist Road, in studies done by consultants hired by government agencies and developers. There is no traffic study based on the current configuration of Baptist and Jackson Creek Parkway south of Baptist. County Commissioner Wayne Williams, who is BRRTA vice-president, observed that BRRTA’s own study of Baptist Road traffic count projections presumed that the extension of Baptist to Hodgen was already in place. He did not specify the number of stores in the Monument Marketplace or what the traffic configuration for Wal-Mart would be in his remarks about BRRTA’s traffic study projections.

Financial Matters

Shepherd distributed handouts listing October expenditures and the proposed budget for 2004. The board unanimously approved payments of $4,377.83. Grimshaw and Harring received $1,710.58 for legal services, and R.S. Wells L.L.C. received $2,667.25 for BRRTA management. Budget highlights, listed below, were discussed, then unanimously approved:

Revenue: The initial 2003 budget estimated revenue of $105,000—$100,000 of impact fees and $5,000 interest income. Through Sept. 30, impact fees of $49,500 and interest income of $2,492 produced $51,992 in revenue. Now the 2003 end-of-year estimated revenue is $211,000 in impact fees and $3,200 in interest income. Impact fees for 2004 are estimated to be $290,000, from Home Depot and Wal-Mart. Interest for 2004 is estimated at $5,000.

Expenditures: The initial 2003 budget estimated expenditures of $321,300. Through Sept. 30, expenditures were $79,571. The 2003 end-of-year estimated expenditures are now $92,692. Expenditures for 2004 are expected to be $639,750. Engineering expenses for 2003 drop from $190,000 estimated to $45,570 actual, then grow to $475,000 for 2004. Legal services were expected to be $5,000 for 2003 but are now projected to end the year at $15,500 due to the issue with the school district and research associated with the forced inclusion of several properties. The 2004 budget for legal expenses is $10,000. There were no right-of-way acquisition costs for 2003. The 2004estimate for ROW acquisition is $30,000. Revenues for 2003 are expected to exceed expenditures by $121,508, while, due to the resumption of the engineering and design work, expenditures for 2004 are expected to exceed revenues by $344,750.

General fund balance: The BRRTA general fund started at $281,851 for 2003 and is now expected to be $454,545 at the end of this year, rather than the original estimate of $333,037. Fund balance for end-of-year 2004 is $109,795. The 3 percent TABOR emergency reserve requirement for end-of-year 2003 is $6,426 and for end-of-year 2004 is $8,850.

Discussion: Williams asked if a better name for "impact fees" might be "user fees." Shepherd replied that a name change would be confusing if there was a sales or use tax in the future. Glenn asked how the right-of-way fees were estimated. Shepherd said they were based on the estimates that BRRTA consultant Loris and Associates submitted to EPCDOT. Actual costs may be slightly less through careful easement planning that might require less land. Brackin noted that easements would cost between $4,000 and $5,000 each for six to 10 properties. The budget was approved unanimously. Williams stated for the record that his yes vote on the budget does not presuppose a positive position on any prescribed project contained therein (e.g., Wal-Mart) which he might have to vote on in the future.

Reports

The board next heard reports from Monument and county planners and engineers on issues regarding BRRTA impact fees and Baptist Road development.

Shepherd briefed members on various monthly Monument meetings from a report prepared for BRRTA by Mike Davenport, assistant town manager and town planner. In December, the Monument Board of Trustees (BOT) will hold hearings on a preliminary plat for the Academy View subdivision, zoning in Regency Park, a Chick and a Windshield’s license renewal under the town’s new parking lot business regulations, and a preliminary review of the town’s draft Parks, Trails, and Open Space Plan. The latter will incorporate the 2.2-mile trail to be built along Jackson Creek Parkway from Lyons Tail to Higby, using, in part, a recently awarded Greater Outdoors Colorado grant. The BOT will also review the town’s comprehensive plan and recently consolidated planning and zoning regulations.

Shepherd reported that the sewer pipe for Home Depot, which is to run east along Baptist Road to the intersection with Jackson Creek Parkway, will have to be re-routed when the bridge across Jackson Creek is widened. He said the county and Home Depot have not yet had discussions about this. He also pointed out that a 14-foot trench across Baptist Road will have to be dug. Glenn said there would be a detour rather than a shutdown during this trenching project. He later added that Home Depot has to rebuild Baptist Road and would use a jack and board technique to re-route traffic.

It was pointed out that several years ago that the Pikes Peak Area Council of Government’s traffic study for Baptist Road projected 10,000 trips per day in 2025. Actual traffic is currently at 16,000 trips per day, already greatly exceeding projections.

Brown asked about the status of the Struthers Road bridge. Brackin said the county had looked at building the proposed bridge, which would cross mouse habitat. He said the cost for the bridge alone is between $1 million and $1.5 million, not counting the expense of extending Jackson Creek Parkway north to Baptist. The plan has changed to have the Struthers Ranch developer build the bridge since, according to Brackin, a developer can get permission to construct a simpler and cheaper bridge than the county would be allowed to do. This new plan would place responsibility for negotiating mouse habitat issues with the U.S. Fish and Wildlife Service on the Struthers Ranch developer. Brackin added that the county would need to use imminent domain to take up to 60 foot-wide portions of five lots in Chaparral Hills since there is currently only enough right-of-way easement for two lanes rather than the four lanes to be eventually constructed. Brackin noted that easements might be narrowed slightly.

Engineering and Design Contract

Brackin reported that four bids were received to complete the engineering and design work for BRRTA started by Loris & Associates. The contract selection committee, with representation from BRRTA, EPCDOT, the Forest Lakes Metropolitan District, the Triview Metropolitan District, and the Town of Monument, recommended the bid from consultant PBS&J. Through a contract with Colorado Department of Transportation, PBS&J designed the improvements for the I-25 interchanges at Baptist Road and Northgate Road. The vote to approve PBS&J as the new BRRTA consultant was unanimous. Williams remarked, "It makes sense to coordinate what the state is going to do with what BRRTA is going to do."

Glenn said there needs to be reassurance that the current Baptist Road bridge over I-25 has the structural integrity to hold the very heavy trucks now parked on the bridge for extended periods because of the newly installed traffic lights. Williams said he had asked the Colorado Department of Transportation to continually review timing to minimize dangerous exit backups that extend beyond the off-ramps and onto the shoulders of I-25 during peak traffic.

Items from the Attorney

BRRTA Attorney James Hunsaker summarized the settlement with District 38 regarding Creekside Middle School. It was unanimously ratified.

Changes to the impact fee schedule were discussed. Shepherd said that impact fees had initially been set low to encourage development, with the prospect of sales and use taxes offsetting the low fees. Since there have been no sales or use taxes approved, he suggested the fees could be increased. Konarski said, "I don’t see any point. Down the road maybe. Right now, it would be a disincentive." Glenn commented that the current impact fees are not a disincentive. No action was taken.

Forest Lakes has purchased some adjacent land to the south and southeast. The vote to include this land was 4-0, with four votes being required. Shepherd noted that Hay Creek Ranch, the Total Station, and the Foxworth-Galbraith property have already been included into BRRTA.

Concluding Items

The board set dates and times for its 2004 quarterly meetings. Times for 2004 meetings were changed from 1:30 p.m. to 2:30 p.m. The board will meet in the county’s hearing room in downtown Colorado Springs on Jan. 9 and Jul. 9 and in the Monument Town Hall on Apr. 9 and Oct. 9. These are all the second Friday of the first month of each quarter. Notices for the meetings are posted not less than 24 hours ahead at the Monument Town Hall, the Baptist Road King Soopers, and the County Office Building, 27 E. Vermijo, Colorado Springs. The meeting adjourned at 2:22 p.m.

Monument’s Board of Trustees (BOT) held its first November meeting at Creekside Middle School at 6:30 p.m. Trustee George Brown was absent. No Jackson Creek residents attended. Only Tommie Plank, representing the Historic Monument Merchants Association, and reporters attended. There were no public comments or scheduled guests.

Draft Policy on Board Members Voting by Telephone

Background: At several recent BOT meetings, Brown and/or Trustee Glenda Smith had questioned the validity of Mayor Betty Konarski being able to vote via speakerphone on the proposed emergency ordinance to place a ballot measure on the Nov. 4 ballot. The measure, if approved, would have given tax money to the Triview Metropolitan District for paving Jackson Creek Parkway. In each of the meetings, Konarski had said at least once that she was unable to hear parts of the discussion and asked the trustees to speak louder and/or repeat what they had said, which they did. Town Attorney Gary Shupp said in response to each query that there were no definitive statutes or precedents prohibiting the practice, hence the Board could choose to adopt a policy or not have one. Shupp urged caution, so as not to set a precedent that might "lead to a BOT teleconference meeting where no trustee was actually present in Town Hall." At each of these September meetings, Konarski asked trustees for approval of her participation and vote by phone, saying she would abide by their decision.

Shupp drafted a policy for the Oct. 3 BOT meeting, but the issue was postponed at Smith’s request since she could not attend that meeting. Shupp’s original draft was considered at the Oct. 20 BOT meeting. After discussion, he was directed by the board to re-draft the policy, narrowing it to apply only to major decisions, preferably ones that have a hard deadline, that are not quasi-judicial, and that require the board to hear and see the presentation adequately for voting. The issue was then formally postponed to the Nov. 3 meeting.

Discussion: Konarski asked if the trustees had any questions or comments about the substantially revised policy draft. Trustee Byron Glenn asked that the phrase "major decisions, preferably" be deleted from paragraph 2. Shupp and all other board members voiced no exception to this change. The motion to adopt the policy passed 5-1, with Trustee Doug Warner voting no. The adopted policy states:

Financial

The board unanimously approved one disbursement over $5,000—for a month-long billing from GMS, the town’s engineering consultant, totaling $15,648.30. The board also unanimously approved the final payment of $9,928 to Even-Preisser for the installation of two pedestrian-initiated traffic lights on Second and Third Streets at the intersections with the Santa Fe Trail. This payment includes the incremental charge for changing the lights from conventional green-yellow-red to flashing yellow-to-red at the request of Planning Commissioner Lowell Morgan.

Annexation and Planning Policy

Assistant Town Manager and Town Planner Mike Davenport requested BOT direction on a draft annexation and planning policy. The purpose of the policy, which incorporates recommendations contained in the town’s recently updated Comprehensive Plan, is to provide guidance to town staff and applicants on annexation. Several related questions were also submitted for the board to review.

The proposed policy regarding capital improvements says, "The developer is responsible for any onsite or offsite improvements needed to serve the development, but would be eligible for recoupment payment(s) later from other development(s) that also will need to use those improvements." Davenport said that currently, "There is no good way of dealing with it." Costs should be divided on a fair share basis, although a methodology was not defined in the draft annexation policy and is not currently defined elsewhere. The revised and consolidated land use regulations document that will be presented to the board in December will establish a recoupment mechanism. Glenn mentioned the possible need for the first developer to install water and sewer pipes that would be oversize initially, in order for later developments to tap into them—as is currently the case with Home Depot.

Davenport reviewed another example that could be expected in the future: the installation of a traffic light serving six properties that would eventually contribute to the traffic increase. If the first development triggers the installation, then that developer must pay all the signal installation expense and then get reimbursed later by the other developers as each of the five remaining developments is constructed. Shupp said implementing recoupment only requires a simple contract. However, the mechanical record-keeping is the hard part. In this example, Sonnenburg said the town would collect the five subsequent developers’ shares, then distribute them to the first developer. However, the shares would not necessarily be six equal sizes. Shares could be based on front footage, building footprint square footage, total building square footage, or some combination of these. Each circumstance will require its own negotiations and binding agreements.

In the case of oversized pipes, as with Home Depot, Davenport said the town will never be in a position to finance every oversized pipe’s incremental cost. In general, the town cannot be in the business of assisting with front-end costs unless they have already been approved as specific line items in the capital budget for a particular unique circumstance. There was consensus on this position.

Public Land Dedication: Konarski abstained from participation in this topic because of a conflict of interest, moving to a seat in the audience during this discussion. The proposed policy regarding public land dedication is: "Adequate land is available for public facilities to serve the development [such as Santa Fe Trails], including parks, trails and open space, police, fire, schools, and road maintenance." There are three ways developers can comply with land dedication requirements:

Discussed were these choices along with the different requirements for land dedication by residential versus commercial developments and the land dedication standards for historical downtown versus the rest of Monument. Open space allocation is becoming more prevalent because municipalities do not have the resources to maintain newly dedicated land. However, there is no guarantee open space will be properly maintained, through regulations and/or performance bonds, by a landowner or homeowners association.

Davenport said commercial developers feel Monument’s 20 percent dedication requirement, increased from 10 percent in 2000, is higher than the norm and may be discouraging some builders. Warner and Smith asked if there could be different standards within the town. Davenport said this is already the case, since R-1 zoning has no open space requirement while R-3 requires 20 percent. Further, non-residential developers are not required to help build additional parks and schools as residential developers are. Trustee David Mertz asked how many applicants had been lost due to the 20 percent requirement. Davenport said three of the last six developer applicants moved forward with applications after learning of the rule. Mertz said that lots are too small downtown for the requirement. Davenport said the standard cannot be the same for downtown as at the edge of town because of the number of previously platted quarter-acre lots.

After more discussion, the consensus was to defer a decision on the size and type of dedication requirement for commercial development until the board made a decision on regulation revision.

Planning: Konarski asked for a discussion of water rights. Davenport said that in 2000 the BOT made a policy that any transfer of water rights within Monument required BOT approval. An applicant has asked Davenport what the water rights transfer policy would be for annexed land where water was provided by a special district. Davenport suggested that the most likely occurrence of this particular situation is annexation of land north of Higby Road where water and sewer are supplied by Woodmoor Water and Sanitation District. He said water transfer rights in this specific case should stay with the district, not given to the town as would be the case of unincorporated land outside a water and sewer district. Regency Park retains its water rights per the Intergovernmental Agreement.

Town water consultant Krassa and Halepaska recommends the following for future town water rights policy: (1) okaying water rights transfer within the district if there is adequate evidence of excess water rights, (2) considering an increase in town water conservation requirements, and (3) increasing the town’s 100-year water supply rule to 300 years. The consensus was that special districts should retain their water rights entirely upon annexation.

Downtown or Near Downtown Development: Davenport asked if the BOT would be receptive to annexing land near downtown along the railroad tracks, with a request that it be zoned as light industrial (wholesaling or office/warehouse). There was also an inquiry about land being annexed as mixed use for building a private or charter school along with residential and business uses. There was consensus in favor of both inquiries.

Review Process: Current law requires annexation be concluded within 60 days and rezoning within 90 days thereafter. The process can require one to four review steps at the board’s discretion, and requires a public hearing by the BOT with proper notice. Typically, developers prefer a faster process wherein the specific rezoning is known ahead of actual annexation, to minimize developer risk and time required for approval. Warner said he favored streamlining whenever possible. Mertz asked Davenport for a recommendation; Davenport said the current wording allows for needed flexibility in a complicated annexation. Konarski said there have been no problems to date, so it’s best to leave the annexation policy wording unchanged; Shupp concurred. Consensus was reached on accelerating annexation and rezoning whenever possible but leaving the regulations unchanged.

The BOT will formalize its position on all these specific annexation and planning policies when it considers consolidated land use regulations next month.

Forest Lakes Filing No. 1

Davenport recommended that the town approve a referral from the El Paso County Planning Commission regarding a section of the Forest Lakes subdivision. This development is part of unincorporated land south and west of the town near the Santa Fe Trailhead at Baptist Road and Old Denver Highway. He said the proposal for the 135.5-acre tract meets all town standards. It includes a 33-lot residential section, an elementary school site, a park site, several utility sites for use by Forest Lakes Metropolitan District, and an open space tract. The motion to recommend that the county approve the referral as proposed passed unanimously.

Final PD Site Plan for Safeway Fueling Center

Davenport reported on the resubmission of plans for a gas station in the Safeway parking lot. Davenport had requested more spacing between the pumps and an adjacent medical building, as well as improving parking lot traffic flow. Konarski complimented Davenport on successfully negotiating an agreement between the two parties. No board action was required.

Glenn asked if special protection was required for the six-inch water main near the station’s planned storage tanks. Davenport said Public Works Supervisor Tom Wall had reviewed the plans and approved them without a concrete encasement for the water main, due to the high pressure within the pipe precluding any possible leakage of fuel. Smith asked who Wall had consulted on the concrete encasement option. Davenport will report back on that at the next meeting. Smith also asked if a neighboring well had adequate safeguards. Warner asked if there would be sufficient remaining parking spaces after the gas station is completed. Davenport said yes. Smith asked when the Safeway traffic light would be installed. Sonnenburg said that Mark Andrew of the Colorado Department of Transportation (CDOT) is to get a $100,000 check from Safeway to pay for construction before the bond expires in early December. Arby’s will retain its separate cul-de-sac, and the old I-25 exit, though closed, has been converted into a large radius turn-around in case trucks turn the wrong way (east) exiting the north driveway of Conoco.

Reports

Konarski distributed to trustees copies of a document on the Fountain Creek Watershed from the Pikes Peak Area Council of Governments. Also, she displayed two Monument Lake dam renovation awards to be placed on the Town Hall "pride wall" she and Sonnenburg will be developing. One was the 2003 National Rehabilitation Project of the Year award from the Association of State Dam Safety Officials. The other was a Merit Award for Engineering Excellence from the American Council of Engineering Companies.

Mertz thanked Sonnenburg for his work with CDOT to change the sequencing of traffic lights at I-25 and Exit 158. The new lights by Baptist Road and Struthers had caused overflow backups on the northbound exit and dangerous stacking onto the shoulder of the north lane of I-25. Mertz also thanked Chief Joe Kissell for his coordination with the Sheriff to minimize parking of "for sale" cars along the north shoulders of Baptist Road at several places east of King Soopers.

Smith asked Sonnenburg to report on the projects and tasks being undertaken by the new town engineer, Tony Hurst, at a future BOT meeting.

The meeting was adjourned at 7:45 p.m.

The Monument Board of Trustees (BOT) held special and regular meetings on Nov. 17 beginning at 5:30 p.m. The special meeting focused on 2004 budget input from local merchants. The regular meeting dealt with financial aspects of the 2004 budget. The board also accepted a donation of land for paving Leather Chaps Drive and Jackson Creek Parkway extensions. Trustee Doug Warner was absent.

Special Meeting

Mayor Betty Konarski announced that the second agenda item, a budget request by the Historic Monument Merchants Association, would be postponed until the regular meeting.

Warner resignation: Konarski announced she had received a letter of resignation by Warner. She then asked if the board wanted to appoint another trustee so close to the April election. The board was divided over initiating the advertising process but also concerned about not having a quorum at important upcoming meetings. Konarski said it is an enormous thing to ask of someone on short notice, particularly when the need to run for election so soon is considered. She was also concerned that there might not be a good range of candidates to choose from for the appointment and that the board might feel compelled to take an unqualified volunteer. Trustee George Brown was opposed to appointing someone. A consensus was reached to advertise for a volunteer appointee.

EDC Business Forecast Proposal: Lee Kilbourn of the Tri-Lakes Economic Development Council (EDC) asked the board for permission to work with Town Treasurer Judy Skrzypek on preparing an income forecast to show the negative business impact of closing the I-25 weigh station exit between Arby’s and Conoco. He also wanted to be able to forecast the negative effect on Foxworth-Galbraith revenues once Home Depot opens. He said he and Skrzypek have differing information sources and together they could more quickly get a firm understanding of town revenue shifts. Town Manager Rick Sonnenburg said it would be a few more months before they would have enough lagging tax revenue data to document any trends. Kilbourn has access to real-time revenue figures that would help the town shape its 2004 budget more effectively in the next few weeks. October revenue numbers are not available to Skrzypek until the second week in December, but Kilbourn has access to those numbers already. Konarski said that without this help, the budget revenue estimates would have to be very conservative and the board could only prepare a wish list should revenues end up higher than expected.

Trustee Dave Mertz asked what the EDC gets out of the proposed study. Kilbourn, a professional business forecaster, said EDC provides local businesses with timely advice on business trends and its purpose is to improve its ability to create and manage growth. Konarski said that the town could help the EDC and more quickly test their own budget assumptions to make better decisions next year. Cooperation would improve the town’s ability to collect and present accurate market data to promote new businesses. Kilbourn said information passed would be percentage changes rather than specific numbers and that this proposal was meant to be a one-time proposal during this transitional period, not a continuing process.

Kilbourn addressed concerns that individual business owners might have with he or Skrzypek inadvertently passing their proprietary information to each other. He assured the board that he and Skrzypek could pass general information to each other without violating their positions of trust. Brown asked if there were reasons not to have them work together. Konarski said there is a legal prohibition against town staff revealing confidential revenue information from any business to other citizens. Trustee Glenda Smith concurred on the need to adhere to the statutory prohibition against disclosing specific business revenue data.

Konarski said the board must decide because the treasurer works for the board. She said she was not seeing any objections, so she concluded there was a consensus to approve the consultation. No vote was taken.

I-25 Exit Sign Contribution: Kilbourn reported the Colorado Department of Transportation (CDOT) has agreed to partially fund signage on the new Highway 105 bridge being built over I-25. The signs that say Tri-Lakes, would be near the new stone fascia of the main abutments. Kilbourn said CDOT is asking for a contribution of $2,000 to $5,000 from the local governments to help pay the estimated $92,000 for these signs.

In discussion, Glenn noted that northbound I-25 motorists would see this sign too late to exit into the town. Kilbourn said this was an identity sign rather than a destination sign. Its purpose is to identify the roadway as Tri-Lakes rather than solely Monument Hill, the site of numerous icy accidents. Brown asked if Kilbourn would be making similar requests from Palmer Lake and the Monument Chamber of Commerce. He said yes because he needs a commitment from all parts of the community. Trustee Frank Orten asked if CDOT had been surprised by the $92,000 price tag and did not have enough money. Kilbourn said yes.

Konarski said the board should defer voting on cost sharing until the regular meeting because of a similar request from downtown merchants for a Monument sign to be erected on the southwest corner of the intersection of Highway 105 and Second Street. The trustees agreed.

Draft 2004 Budget Issues

Proposed Salary Increases for Police Officers: Chief Joe Kissell proposed two alternatives for salary increases. He presented a study by Town Salary Consultant Alan Jaramillo, who had previously done a salary study on town staff positions, to support his proposals. The study showed that some staff are below midpoint in pay and others are above midpoint in pay. In the first proposal, comparatively lower-paid individuals would receive a 6 percent increase and comparatively higher-paid individuals would receive 2 percent increase. The percentages in the second proposal were 7.5 percent and 2.5 percent, respectively. The survey also recommended adding two positions between the levels of patrol officer and sergeant. Kissell recommended that one promotion go to the newly established investigator position and the other to a patrol officer who meets promotion criteria.

Orten, Glenn, Mertz, and Smith endorsed the higher pay raise option because of the greater workload created by a growing population and by an increasing amount of crime committed by people living outside Monument. The latter requires more investigations in Colorado Springs and, so, more travel time. Longer night shifts have also been added recently, spreading staff thinner. Konarski said the board should consider the difference in pay raises proposed for police compared to Public Works and Town staff. Public Works Superintendent Tom Wall said the Public Works area of responsibility was also growing, but unlike the Police Department, staff was not being added.

The board approved the higher pay raise for the 2004 draft budget. Sonnenburg noted that the two extra positions are already in the 2004 budget proposal.

Cemetery Fees Increased: A new fee schedule proposal was approved. Many of the fees have not changed for a number of years. The fees will be made effective by resolution at the next meeting. Plots rise steeply from $350 to $800, grave opening/closing fee goes up from $300 to $350, and the additional fee for Saturday grave opening/closing increases from $100 to $150. Cremation sites increase $200 to $350, with similar $50 increases for site opening/closing. Disinterment (weekday only) rises $250 to $750.

Mountain States Employers Council Membership: This nonprofit organization, headquartered in Denver, can provide a number of real-time information services and online standardized legal documents. These would reduce the amount of time needed for review by Town Attorney Gary Shupp. The town would avoid a $300 subscription fee to the Fair Labor Standards Act booklet service. The board endorsed this entry, which is already in the 2004 draft budget. The annual membership fee will be $2,955.

Purchase of railroad land adjacent to Limbach Park was deferred to the regular meeting.

Regular Meeting

Historic Monument Merchants Association Grant Request: Tommie Plank presented a grant request, asking that the town’s Community Development Fund (CDF) provide $20,000 toward the new Monument entry sign to be constructed at the southwest intersection of Highway 105 and Second Street. CDF is financed by the town’s business license renewal fees to finance improvements, beautification, and promotion of historic downtown. Konarski proposed providing $20,000 toward Plank’s grant request.

Town Planner Mike Davenport said cost estimates for the Monument entry sign, two banner poles, and related landscaping are $30,000 to $40,000. Preliminary design of the entry sign, poles, and landscaping was paid for by the GOCO grant that supported development of the downtown master plan study recently done by graduate students from the University of Denver. Remaining costs for final design and construction of the sign and landscaping would be partially paid for by the $20,000 grant request. A 2004 budget general fund line item of $11,276 would pay for construction. A state matching grant is being sought to pay approximately $3,000 for trees to be planted along Second Street from the new sign to Beacon Lite. Remaining costs would be covered by a mix of other CDF and/or general funds.

Konarski also proposed $10,000 from CDF go toward Kilbourn’s request for signage funding. Kilbourn noted that the destination signs on I-25 would also have banner poles. Both proposals were adopted. Konarski added that the budget estimate for the fund is $47,541, so there will be $17,541 remaining for other grant applications if either of them have to come back for additional funding.

Street Signs Standardized: The board approved making all new street signs black letters on a white background, with a decorative finial, mounted on 2-inch diameter metal poles painted black.

Limbach Park Purchase: Konarski asked for permission to negotiate for 5.2 acres of railroad land adjacent to the park that is being offered for sale for $134,000. This land, in combination with a dedication from Monument Addition No. 5, would provide the space and parking needed to expand and enhance the park. Railroad land west of the tracks would be used for parking. The purchase would need to be made after Jan. 1. The board endorsed her proposal.

Mouse Mitigation Refund: The El Paso County Board of County Commissioners will be refunding $33,500 that will go into the water fund.

Treasurer’s Budget Update: Skrzypek said that some parts of the 2003 capital improvements will not be completed in time and will roll over to the next year, along with their funding. Needed property tax information will not be available until the Dec. 1 meeting.

Revision of Refuse Abatement Code: Kissell noted that the revision removes the current requirement to seek board approval before citing refuse violations. The board approved the revised ordinance.

Donation of Right-of Way: Vision Development Inc. is donating land for the right-of-way for extensions of Jackson Creek Parkway and Leather Chaps Drive needed for construction of Monument Marketplace. Glenn asked if there was a problem in letting them make a tax-deductible donation rather than a routine dedication. Davenport said that although they count toward the dedication percentage, they are not parks or open space. Wall asked who would maintain these roads. Maintenance will be according to the Intergovernmental Agreement between the town and Triview Metropolitan District.

Financial Issues: Skrzypek reported that sales tax revenue is $3,200 behind the plan. She has not yet been able to build the $82,000 TABOR reserve needed by the end of the year, and she is concerned by the growing BOT wish list. Orten said this was a small percentage shortfall. Skrzypek said that revenues were behind those of 2002. The board approved the 54-page October report.

Rockwell Ready-Mix/Kalima Masse lawsuit status: Shupp reported that the suit against the Board of Trustees was entering C.S.R. Rule 106 (a) (4) Alternate Dispute Resolution (ADR). ADR is a routine mediation process performed to avoid actual court hearings if possible. The mediator for ADR is a disinterested lawyer. He said the suit is broken into two parts for ADR, business license renewal and building permit. Shupp said no ADR meetings are expected to occur until January at the earliest.

Shupp will be the town’s lawyer for the building permit mediation. Attorney J. Andrew Nathan will represent Monument regarding license renewal. Nathan was hired by Colorado Intergovernmental Risk-Sharing Agency (CIRSA), the town’s liability insurance provider. Shupp suggested that Sonnenburg be appointed the board’s representative for mediation sessions. Sonnenburg was unanimously approved to represent the board in both parts of ADR. However, decisions required for ADR will be made by the board.

The meeting adjourned at 7:45 p.m.

The Monument Board of Trustees (BOT) held a regular meeting at 6:30 p.m. at Town Hall on Dec. 1. Mayor Pro Tem Byron Glenn presided. Mayor Betty Konarski and Trustees George Brown and Doug Warner were absent. This short meeting consisted mainly of approvals of a small number of briefly discussed budget and financial transactions.

Scheduled Guests: Lee Kilbourn, chairman of the Tri-Lakes Economic Development Council (EDC), presented the finished Application for Economic/Community Development Grant, requesting a $10,000 matching fund for two "monumented signs" (stone pillars that look like a monument) to be constructed next to the shoulder on I-25 by the new Highway 105 bridge. The names Monument, Palmer Lake, and Woodmoor are to be listed in smaller type on the signs below the word Tri-Lakes. The board had already approved a $10,000 contribution in principle at its Nov. 17 meeting, along with a $20,000 grant requested by Historic Monument Merchants Association for a similar sign at Second Street and I-25 and associated landscape improvements between Highway 105 and Beacon Lite.

The EDC grant application says that although the Colorado Department of Transportation (CDOT) has a bid from Lawrence Construction for $96,000, EDC’s architect estimates the signs’ cost to be $20,000 each, or $40,000 total. CDOT’s match is $20,000. Neither the EDC estimate nor the CDOT matching amount was discussed at either meeting. The application was approved unanimously.

Synthes Replat: The applicant and planning staff requested that this item be continued until Dec. 15 to let the board complete its consideration of related changes to the comprehensive update of subdivision and zoning ordinances. Synthes needs two water taps, using a looped line. Current regulations that restrict commercial properties to a single tap per lot, are being proposed for amendment so Synthes would not need a variance for its second tap. The 15-day notice requirement for the proposed regulation change cannot be fulfilled until Dec. 15. Synthes is consolidating seven platted lots on its parcel into a single large commercial lot in the proposed replat. This replat is required by the town as a condition of its approval of their now-completed building expansion. Continuation was approved unanimously.

Part II of Comprehensive Update to Subdivision and Zoning Ordinances: Continuation was approved unanimously.

Resolution to Revise Cemetery Plot Fees: The increase in fees approved by the board in principle at the Nov. 17 meeting was approved unanimously. Confirmation of cemetery fees is performed annually in December.

Financial Matters

Monthly Forecast: Treasurer/Clerk Judy Skrzypek noted that recent property assessments resulted in an increase of $10,000 in taxes for the board’s contingency fund in 2004. While her monthly forecast figures reflected a pay raise for town police effective Nov. 17, the board changed the effective date for pay raises to Dec. 1 after she mentioned the savings in two weeks’ taxes that would accrue. The raise was unanimously approved.

Changes to Draft 2004 Budget: Three significant line item changes were listed by Skrzypek. A $2,150 increase in the police budget covers clothing, uniforms, and weapon for a new officer. Several 2003 capital outlays for streets and parks are rolled over to 2004, reflecting their revised completion dates next year–$320,500 for streets and $18,340 for parks. Glenn reminded all that the budget would be finalized at a special meeting on Dec. 9 at 6:30 p.m.

Disbursements over $5,000: Unanimously approved were payments of $11,366.58 to GMS, Inc. for monthly engineering consultant services and $44,381.16 passed through to Triview Metropolitan District for its half of the 2003 property tax allocation collected by the state. The mill levy used by Triview was 6.469 percent.

Monument Lake Dam Rehabilitation: GMS, Inc. recommended payment of $1,530 to Aquatic and Wetland Company for "Payment No. 1" site preparation work for the Preble’s meadow jumping mouse habitat enhancement and construction. Other work already completed by Aquatic will be billed later. Total contract value for its portion of the mouse mitigation work is $61,257.50. Payment was unanimously approved.

Well No. 7 Distribution System: GMS, Inc. recommended final payment of $3,675.18 to J&J Excavating for work performed on a contract valued at $72,503.65 plus $1,000 in change orders. Glenn asked who tears down and removes the silt fence associated with this work, being done along Beacon Lite near Highway 105. Public Works supervisor Tom Wall said the town usually does this once adjacent vegetation is firmly established. Payment was unanimously approved.

Warner’s Resignation: Warner e-mailed his resignation as trustee to Town Manager Rick Sonnenburg and Mayor Konarski on Nov. 17. He cited the expansion of his business, requiring more of his time, as the reason for the resignation. Board action was postponed since the resignation had been turned in too late to register a change of agenda with the public.

Trustee Glenda Smith said that state statutes require a volunteer replacement appointment within 60 days. Shupp said there were "not really" any alternatives to this. Glenn confirmed that the appointment must be made by Feb. 1. Trustee Dave Mertz asked what would happen if there are no volunteers. Shupp said failure to appoint within that period would force the town to conduct a special election, before the regular April election. Sonnenburg said he would place three advertisements in the Tribune. Glenn said that ads in the Gazette may be necessary to provide adequate notice for an interview at the Jan. 5 BOT meeting. Orten concurred. Smith noted that Our Community News would be delivered to nearly every resident by Dec. 6. Sonnenburg noted that the town newsletter does not go out until after the Jan. 5 BOT meeting, which would not be in time for the required interview.

The vote to accept Warner’s resignation, starting the 60-day volunteer appointment window on Dec. 1, was unanimous.

Town Manager Announcements: Railroad repairs are being conducted north of town. Repair crews are moving south and should be in Monument during the first two weeks of December. Warning signs at the Second Street crossing are the best visual source for the latest information. Police Chief Joe Kissell will be notified as soon as the railroad sets firm crossing closure times.

After 50 years, the Humane Society’s contract with Colorado Springs has been terminated; however, no change is to be made in Monument.

Tommie Plank announced that Historic Monument Merchants Association’s "Small Town Christmas" will be held during business hours on Dec. 6. A parade permit on Washington Street between Second and Third will allow for hayrides with Santa. Numerous craft activities are planned, in addition to special displays of seasonal merchandise throughout downtown.

Lewis-Palmer School District 38 installed the second section of orange fencing along the west side of Beacon Lite Road to stop traffic from using the unauthorized curb-cut and dirt driveway as a shortcut to the rear side of Grace Best Elementary School.

The Sertoma Club will be holding the Fourth of July parade on Monday, July 5, 2004.

Smith asked if a new meeting recording system could be purchased that would have the capability of amplifying trustee and citizen voices to encourage attendance by citizens who do not hear well. Orten agreed that adding loudspeakers is a good idea. Glenn asked if such a recording/amplifying system would come from the 2004 contingency fund. Sonnenburg said it is not budgeted, but the contingency fund has just increased from $25,000 to $35,000, per the treasurer’s financial report. Smith said she thought the mayor would be reluctant to spend $35,000 for recording equipment. All agreed. Sonnenburg will provide costs and options to the board.

The special BOT meeting on the 2004 budget will be held Dec. 9 at Town Hall at 6:30 p.m. The Parks and Landscape Committee will also meet that night. The next regular BOT meeting is Dec. 15 at Town Hall at 6:30 p.m.

The Monument Planning Commission (PC) met at Town Hall on Nov. 12 at 6:30 p.m. All members were present. The main agenda item was a follow-up review of the comprehensive update of zoning and subdivision regulations.

The Monument Board of Trustees (BOT) held two hearings on these updated regulations and provided numerous verbal and written comments, which the Planning Commission reviewed and discussed at length. Some of the specific items discussed from the 150-page document were:

Item 4, Downtown Parking (Table ST): The definition of downtown has been broadened to include the area from I-25 west to the railroad tracks. Parking requirements are grandfathered and will remain unchanged in the future unless there is an increase in a building’s area or the use necessitates more parking spaces. Staff recommends that parking waivers be considered on a case-by-case basis rather than try to write a more complex set of rules. This allows affected neighboring residents to make written comments when warranted before a waiver is approved. There was consensus to create a committee to look into possible changes to Table ST next year and make recommendations to the Planning Commission.

Item 7, Amending the Comprehensive Plan (AM.20): Town Attorney Gary Shupp said Colorado state law gives final approval authority for comprehensive plans to planning commissions only. The BOT provides feedback without approval or endorsement. All agreed that the Planning Commission has final say on the wording of statutes and regulations, but the wording of the annexation document will be changed to reflect that the commission will continue to seek comment and final endorsement from the BOT.

Item 8, Amendment procedures for preliminary and final PD site plans (AM.40): Although the type of amendment differs, the procedure is the same for both. Preliminary plan amendments usually concern zoning, use, and/or density, while final plan amendments are about plan specifics like parking or setbacks.

Item 16, Board of Adjustment Membership (BO.30.20): Because of recent difficulties in filling positions on the Board of Adjustment (BOA), it was determined that a trustee or commissioner could serve on this board only in emergencies where a quorum cannot be achieved otherwise. Shupp said there is no conflict of interest because the BOA addresses different issues than the BOT or PC and any appeal of its decisions goes directly to the district court. There have been no BOA meetings in the past 12 months.

Item 23, Drainage Standards (DR.30): Several commissioners asked if backyard detention ponds were explicitly covered. Davenport said the town uses the Colorado Springs/El Paso County Drainage Criteria Manual volumes 1 and 2 that cover backyard detention ponds.

Item 25, Penalties for violations of regulations: Citizen concerns centered on whether making a zoning violation a misdemeanor would lead to a criminal record. Police cite violators who are taken to court if the situation is not brought into compliance. Consensus was that fines of $100/day/lot were an appropriate method and that use of the word misdemeanor should be avoided if statutes permit. Shupp will research the statutes to see if the municipal courts could enforce the fines without a criminal proceeding. Davenport also said it is common practice to forgive fines for prompt voluntary compliance.

Item 32, International Building Code (IBC) or Uniform Building Code (UBC) definition of floor ratio (FL.5): The nation is moving toward IBC, but the standard for now in the West, and El Paso County in particular, is UBC. No change from UBC by Regional Building is expected in the next year at a minimum. Fire code inspection changes to IBC would occur only after adoption of IBC by Regional Building.

Item 35, Restrictions on development approvals (IM.40.40): In most cases, town acceptance of curbs, streets, and gutters signals the start of the two-year warranty bond period associated with a land use permit. The purpose of the warranty bond is to let the town correct defective or incomplete capital improvements if the developer fails to do so. An example of a normally permitted exception would be not pouring asphalt roads in January. Should paving not be done promptly in warmer weather, the town can still withhold the certificate of occupancy, even though the warranty period would have already begun. Davenport’s recommendation to not change the wording was accepted.

Item 39, Mobile home (MO.10) and mobile home park (MO.20) definitions: Mobile homes are permanent residences, and recreational vehicles are not.

Items 40, 43, 44, Mobile home park minimum standards (MO.30): Comments were that various new mobile home park standards were too high. Although MO.30 standards are not retroactive—hence not applicable to current mobile home parks—Davenport said new requirements for curbs, gutters, walkways, and lighting should be left unchanged so as not to lower standards in the future.

Item 48, Open space (OP.10): A comment suggested the town’s requirement for 100-foot buffers with other subdivisions and 50-foot-wide internal corridors should only apply to a large land use rather than a residential major subdivision (OP.30) and should be deleted. PC members concurred that the 100-foot and 50-foot standards should not be changed.

Item 58, Preliminary plan time limit (RE.70.30): A 36-month limit was agreed upon to parallel state law regarding vested rights. The town limit was previously 24 months.

Item 67, Subdivision improvement agreement (SIA) (SU.30): All agreed there was a lack of specifics on how an SIA could ensure maintenance of a development’s private facilities. Davenport said the current wording doesn’t take into account the fact that there might not be a homeowners’ association. There was concurrence that future applicants should have to list specifics for adequate fees and a realistic plan to maintain common areas to minimize the likelihood of future town intervention.

Items 88, 89, Flag lot specifications: Based on recent hearing experience, flag lot regulations were amended to allow required direct access onto a public street across an intervening tract but not across another lot. Minimum frontage on any lot will now be 40 feet.

Item 94, Water demand in the downtown area (WA-35): The town goal of fostering commercial development downtown conflicts with the town rule that lots comply with a water availability requirement of 1.25 acre-feet per acre and be at least one-half acre. There are a number of one-quarter-acre lots, platted 50 years ago and now bracketed by houses, that cannot comply with this water requirement, although they were completely legal when created. Davenport said the town’s regulations must be flexible enough to allow a restaurant to be built on one of these lots even though the lot cannot possibly meet the requirement without some related transfer of water rights from elsewhere. Also, there are numerous recently built homes in Jackson Creek on lots smaller than one-half acre.

Item 95, Lot drainage: There was consensus regarding the following change: "DR.35 Drainage impact. The grading or development of one parcel shall not adversely affect downstream parcels with respect to drainage, erosion, or sedimentation." The countywide drainage plan, which allows up to a 50 percent credit on impact fee and recoupment, currently applies in Monument until the town’s master drainage plan is completed and implemented.

Item 98, Dedication requirement (Table ST): A suggested change to reduce the dedication for non-residential development to 10 percent, to help the town become the business center for the Tri-Lakes area, was rejected. Davenport said the current 20 percent requirement was above average for a town, although Castle Rock requires 30 percent. The county requirement is 3 percent to 5 percent. Morgan noted that when the dedication requirement was increased from 10 to 20 percent for all development in 2000, there was no concern or discussion about a lower standard for businesses. Davenport repeated his suggestion of having an open space requirement in lieu of land dedication or a cash-in-lieu option.

In response to questions from Morgan, Davenport noted that the only piece of property affected by this change from 20 percent to 10 percent is that near Monument Lake—the Lake of the Rockies property. Morgan pointed out that the town might not want dense-pack development right next to the lake. Davenport replied that the property will probably be residential rather than commercial even though it is currently zoned commercial. The Planning Commission agreed unanimously not to lower the land dedication requirement.

These BOT proposed land use regulation changes, as amended by the Planning Commission during discussion, were approved unanimously. The meeting adjourned at 8:50 p.m.

The Monument Parks and Landscape (P&L) Committee held a 6 p.m. work session Nov. 11 with Public Works Superintendent Tom Wall before the regular meeting at 6:30 p.m. at Town Hall. Maintenance of parks and other town property was the topic for the work session. The draft Parks, Trails, and Open Space Plan and the Land Use Regulations update were the main agenda items for the regular meeting. All members were present.

Work Session

At the Oct. 14 P&L meeting, Chair John Savage asked for a copy of the 1994 parks budget to provide background on evaluating the possibility of outsourcing park and cemetery maintenance, as was done in 1994. The 2004 budget calls for $2,400 from park rentals and $14,000 from the Conservation Trust Fund for tree maintenance, portable bathrooms, and miscellaneous park upkeep. The total amount budgeted for the Parks Department for 2004 is $124,500.

Discussion: Committee member Monika Marky said that though the Parks Department is given plenty of money, she did not see things being done and wondered where the money is going. Wall said Public Works is providing a level of service rather than meeting a standard for appearance. The department can’t water the parks because of a lack of funds and having to prioritize watering athletic fields. He added that grass that isn’t watered doesn’t require mowing. A new well will be in operation by the end of next year, which may alleviate the problem. Parks are reserved, used, and cleaned up year-round, not just a few months in the summer. Repairs are typically made from January to April. CIRSA, the town’s liability insurer, has not forwarded the results of its just completed annual safety inspection thattypically lists an additional 12 to 15 required repairs. The skateboard park requires about six man-hours per week for repairs and clean-up of trash and graffiti.

Savage asked where the $124,500 budgeted for 2004 will go. Wall said that regardless of the category, all park money comes from the general fund. His four staff members in Public Works divide their efforts across three departments: parks, streets, and the cemetery. The actual workload called for in the parks budget would require 3.2 full-time equivalents (FEQ). An FEQ is 1,728 work hours per year. The most he can provide to parks is 0.6 FEQ, given the total workload for Public Works. One FEQ is worth approximately $40,000, with a 32.6 percent burden rate for benefits and taxes. Savage said that 0.6 FEQ is only $24,000. The overhead costs for Wall and Town Engineer Tom Hurst are spread across the three departments.

Wall said that supply and vehicle expenses for parks are normally between $60,000 and $70,000. Savage asked if the remaining funds could be spent on additional summer student workers (four were hired in 2003) or a landscape contractor who is able to hire lower wage workers than Public Works personnel, who have commercial driver’s licenses and skills that span all three departments. Wall said the leftover FEQ hours from the Parks Department are reallocated to other Public Works departments for work given a higher priority. The problem has been identified at town retreats. Town infrastructure—streets, curbs, gutters, pipes—continues to grow though the budget and FEQ allocation does not. Committee member Linda Pankratz asked if anything can be done. Wall said he is asking for more people. However, the draft 2004 budget does not call for new hires and two Public Works positions were lost by attrition in the past three years due to budgetary constraints.

Davenport said the town is shifting toward asking developers to allocate open space for homeowner association maintenance rather than seeking land dedication that increases the workload of Public Works. Grants are only for acquisition, not upkeep. Parks don’t generate revenue. Counties are no longer accepting responsibility for roads in new subdivisions because they can’t afford to maintain or plow them. Wall added that he couldn’t hire a landscape maintenance person, because he wouldn’t get another personnel slot for this lesser qualified individual. Laying off a more diversely skilled worker to get a landscape specialist is a false saving. Savage agreed. Davenport suggested that the committee recommend more park staff and propose budget changes through the Parks, Trails, and Open Space Plan.

Two major 2004 budget items involve the P&L committee:

1. The town was successful in getting a Greater Outdoors Colorado (GOCO) grant to widen 2.2 miles of trail along Jackson Creek Parkway from Lyons Tail to Higby and along Leather Chaps from Creekside Middle School to the Parkway. The grant would pay half the roughly $200,000 total cost. The matching half is Triview Metropolitan District’s cost for the narrower trails that had been planned for Jackson Creek Parkway and Leather Chaps. Triview is responsible for future maintenance of the trails up to Higby Road; the town of Monument will maintain the remainder of the trail north of the Triview district to Highway 105.

2. The new Monument signs and associated landscaping at Highway 105 and Second Street are expected to cost between $30,000 and $40,000, to be paid for by funds in the 2004 capital budget and the community development fund. Final design, engineering, and landscaping costs have not been determined. A state matching grant is being sought for roughly $3,000 to pay for new trees along Second Street west from the signs to Beacon Lite Road. Wall said the Parks, Trails, and Open Space Plan must reflect this new responsibility to justify more manpower and maintenance funds. He suggested the design not include grass and that P&L members plan some funds to repair vandalism.

The work session was concluded at 6:55 p.m., and the regular meeting was called to order.

Regular Meeting

Parks, Trails, and Open Space Plan (draft): The plan includes four updated maps—a future land use map, parks plan map, view corridor map and composite parks, trails, and open space map—prepared by the University of Denver’s Colorado Center for Community Development. Their year-long study and draft plan preparation are also funded by a $10,000 GOCO grant. Additional citizen comment will be solicited via an inserted combined plan map, plan summary, and citizen questionnaire in the town newsletter. Citizens’ responses are requested, to be returned before the December P&L meeting, special Board of Trustees (BOT) budget meeting, and Planning Commission meeting. The Planning Commission will incorporate this 24-page draft plan into the Comprehensive Plan per state law; P&L will ask for an endorsement by the BOT as well. Some $40,000 of the $50,000 total for the new Monument entrance sign would come from community development funds. The Second Street trees are to be paid for by a matching grant.

Savage asked about parks and trails money for Monument Lake. There is no chance for GOCO funding in 2004 because there is no matching money or likely project plan until the lake is refilled, which is unlikely in the next two years. The GOCO grant for the 2.2-mile trail along Jackson Creek Parkway was successful because the sidewalk was already there and the state liked the idea of connecting Woodmoor and Lewis-Palmer High School to Monument Marketplace, Jackson Creek, and Gleneagle. No other town plans for trails and parks expansion currently provide as effective a match this coming year. Part of this trail is concrete because it widens the sidewalk already planned. Likewise, the other part is crushed rock because it widens the crushed rock trail already planned. The Triview Metropolitan District will be responsible for the planning, engineering, and design for the trail project.

The draft Parks, Trails, and Open Space Plan was approved unanimously and forwarded to the Planning Commission for comment.

Regulations Update: Pankratz asked that Ponderosa pine, tam juniper, and Russian olive be deleted from the recommended drought tolerant evergreen trees list of preferred landscaping materials (LA-2) because of their poor appearance when not properly watered and maintained. Martin asked if yucca could also be dropped. Davenport suggested adding buffalo juniper and tall wild grasses.

2004 Budget: Davenport reported back to the committee about which of their recommendations for the 2004 budget were included.

Downtown Entry Sign: Phase 1 of the downtown entry landscape design is a sign at the southwest corner of Highway 105 and Second Street. It was recommended by the graduate students from University of Denver’s Colorado Center for Community Development.

Downtown follow-up: Per the 2003 Comprehensive Plan, $10,000 is allocated for detailed planning, guidelines, or standards for building designs and streetscape improvements. Committee member Toni Martin expressed concern that the downtown development plan would not be implemented and that funding for phase II of the program would be for naught.

Proposed additions to the 2004 budget included matching funds for the GOCO grant for trails along Jackson Creek Parkway and Leather Chaps and street trees on Second Street between Highway 105 and Beacon Lite Road.

Davenport reviewed the agenda for the next meeting, Dec. 9 at 6:30 p.m. He reminded members that there will also be a special BOT meeting on the budget that night at the same time in order to meet the