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Jan. 21: The Monument Board of Trustees voted 5-2 to approve the negotiated settlement between the town and Ernie Biggs’ Gulf Coast Resorts. Biggs is the owner of Lake of the Rockies campground. The settlement was the conclusion of eminent domain proceedings by the town, after years of negotiations failed to produce agreement concerning land the town needed for easements and access to Monument Lake Dam. The dam was recently renovated at great expense to the town, and the trustees have expressed a shared vision of having the lake be a major attraction of Monument, with trails and picnic and playing areas.

Part of the settlement was a proposed amendment to subdivision regulations that would create a street category of "park lane" for possible use in conjunction with parks and open space areas, where access is constricted. It would allow access to what is called the severed parcel (because it is cut off by the lake access road) by a 40-foot right-of-way, the lake access road. This road is narrower than existing road types but still adequate to meet the needs of the general public and emergency vehicles. The park lane classification eliminates the need for Biggs to provide a 60-foot right-of-way, as was previously required by town ordinance.

Tim Schutz, whose home adjoins Lake of the Rockies campground, was the sole member of the public to address the board during the hearing. Schutz objected to the park lane ordinance amendment. He noted that there is not any need for access to open space except for this particular parcel; the amendment is "putting the cart before the horse." Schutz said the property to the north (the severed parcel) is not going to be landlocked, as the property owner also owns the property to the south of it. "It is a bad precedent to set. It has nothing to do with the town. It should be labeled the Lake of the Rockies Ordinance," Schutz remarked.

Trustee Byron Glenn said he could not see the point of having a classification for something that won’t be used anywhere else. Town Planner Mike Davenport replied, "Might this [road classification] be used somewhere else? The answer is yes." He explained there is a national trend toward narrower roads and right of ways, as they produce less runoff and environmental problems. Triview Metropolitan District is interested in roads narrower than the 50 feet that Monument uses. Narrower roads are cheaper to build and maintain and people drive slower for fear of sideswiping someone, Davenport added.

Trustee Frank Orten asked if this road classification was an integral part of the agreement. Murray replied that it was. Town Attorney Gary Shupp said, "Is this the simplest way to get where we’re going? Yes. It could be used elsewhere." When the roll call vote was taken, Trustee Glenda Smith voted yes, with reservation. Trustees George Brown and Christopher Perry voted yes, because Davenport said the classification could be used somewhere else. The ordinance amendment passed unanimously.

Settlement agreement a separate issue

Attorney Malcolm Murray explained the settlement agreement with Lake of the Rockies, referring to the long, complicated negotiation process that involved boundary adjustment issues. Through the settlement, the town receives 136,543 square feet of land plus 24,829 square feet of easements. [Some of that land, "a portion of the disputed 50-foot strip between the high water line of Monument Lake and Gulf Coast’s west property line," never belonged to Gulf Coast at all; see below.] Murray noted that the exact location of the easements can be altered. The town is giving to Gulf Coast 43,995 square feet of land in two parcels.

Schutz admonished the board, "This is a real political issue. Many of you are in office because the owner of Lake of the Rockies [Ernie Biggs] made a concerted effort to recall the past board. Five or six of you were backed by him." Schutz said there is a need to be totally above board with these proceedings.

Schutz also noted, "You’re not getting all of the parcels originally evaluated at $77,000." He pointed out that with parcel one, the main parcel at the entryway to the lake, the town was now getting approximately one-fourth of the parcel originally evaluated. The original parcel was valued at $52,875. The value should be more like $14,5000 if it were reduced in accordance with the size of the parcel. Schutz conceded that the town’s appraisal ($77,745) was probably low, and Biggs’s appraisal ($250,000) was probably high.

Schutz’s objections related to land use, to the absence of public participation in the process, and to the whole political appearance. To Schutz, giving away shorefront property "is not wise use of what is really the crown jewel of the community." The "disputed" 50-foot strip between the high water line of Monument Lake and Gulf Coast’s west property line actually has been town property since 1957, when the state of Colorado deeded to the town the strip of land surrounding the lake 50 feet from the high water mark. Even Gulf Coast’s own development plan noted that the land 50 feet from the high water line is town property. "It’s not good stewardship to deprive the people of the town of the land around the lake," Schutz remarked. He later added, "Giving away that piece of shoreline seems inconsistent with the vision of having trails around the lake. It seems like the kind of decision that the public should be involved in."

Regarding process, Schutz noted the adjoining property owners were not notified regarding the approval of six units on the severed parcel. He said the agreement does not specify single-family units and suggested that Biggs could be planning six apartment buildings. Normally, a developer would file a petition to amend the development plan and the adjoining property owners would be notified. The owner would have to comply with applicable town regulations and would go through the process with the planning commission, etc. In this case, no plans were submitted, and the six units were not defined. Schutz later noted that Biggs has consistently failed to abide by his development plan and has received numerous citations from the town as a result. For example, the storage units are not in the area designated by the development plan and there are four or five permanent campers, indicating that people are living there year-round, which is in violation of the approved development plan. Schutz said, "The lakeshore of Monument Lake is of great value to me as a citizen. It’s unfortunate that the board decided to convey 365 feet of that shoreline to a private developer."

Schutz concluded, "If you approve this settlement agreement, you are approving something that is tainted."

Murray said he thought it was a fair settlement that saves the town money over litigation and solves the problems. "You can require him [Biggs] to mitigate the impacts of his development. You decide what public services are required," he added. Trustee Brown voiced his concerns that the town’s development process was not followed and that they did not know what the six units were. "I think there’s no reason to put that in here. He has to come back before us. It’s wrong to have that in the agreement." Trustee Perry was also concerned with the six units. Regarding the 365 feet of shoreline Biggs was getting, Mayor Betty Konarski remarked, "That’s probably mouse habitat." The agreement was approved by a vote of 5-2, with Brown and Smith dissenting and Orten stating that he did not agree with the six-unit designation.

The settlement agreement

In exchange for land to provide permanent access to the dam and to provide recreational amenities for the lake,

Ordinance amendment allowing administrative review of nonresidential minor plats and replats

The board unanimously approved this measure designed to provide a simpler process for reviewing minor plats or replats in the older business sections along Highway 105 and the historic downtown.

No BMX bikes in Monument Skate Park

In response to a request from a committee of bike riders, Public Works Superintendent Tom Wall researched the potential for using the skate park as a bike park. In October 2002, CIRSA responded to a question from Wall about allowing bikes to use the skate park. Their response was 1) If there is insufficient landing area at the top of the ramps, bikes should not be allowed; 2) Due to the size and location of each of the park features, simultaneous skate and bike use should not be allowed; and 3) If bikes are allowed to use the park, expect to perform more frequent inspections and expend much more money for repairs and maintenance.

Wall noted that the dimension for a BMX landing platform needs to be six feet between the edge and the back. None of the features in Monument Skate Park provide this safe landing area. Field surveys of skate park users indicate there will be minimal or no acceptance by the skaters for bikers using the park. "If they want a bike park, then let them go build one!" In conclusion, Wall stated, "In staying with the original intent of the skate park, complying with recommendations from CIRSA, minimizing our costs for maintenance and repair, and not alienating the majority of users, I recommend not allowing bikes in the skate park." The bike riders reportedly understood the situation and did not appear at the meeting.

The Enclave at Monument: Staff report on administrative approval of subdivision and approval of subdivision improvement agreement

The town planner approved an application by Michael and Rhonda Brennan of Mountain Desert Investments for a preliminary plat and a final PD site plan for the Enclave at Monument, located on lots 1 through 8 of block 13, of Monument Addition No. 1. This property is west of Beacon Lite Road, between 3rd and 4th Streets. The application qualifies as a minor plat, eligible for administrative review.

This portion of land was originally platted as eight single-family lots and the zoning was later changed to PRD. In 2000, the town received, and approved in 2001, an application for a preliminary plat from Terry Eisenmann for attached townhomes. Eisenmann did not pursue final approval and sold the property to the current applicant, who wishes to use the land as originally platted—eight single-family lots. The reason for the replat is to allow a portion of land to be dedicated to the town to widen what is now an alley into a conforming street.

El Paso County referral: A proposed office/warehouse at 19475 Beacon Lite Road

The applicant, Spencer Real Estate, proposed adding four warehouses and an office to the five-acre parcel. The planning department recommended a more substantial visual buffer be provided along I-25. Visual impact may be significant due to grading and removal of mature trees. Davenport recommended not supporting approval based on 1) lack of information regarding adequacy of existing roads to handle projected traffic; and, 2) the fact that the proposal appears contrary to policies to protect and enhance the visual character along the I-25 corridor. The board sent a negative recommendation to the county.

El Paso County referral: Greenland Preserve filing no. 1

The applicant, Wiepking Real Estate Investments LLC, proposed 20 single-family lots on 22.7 acres one mile east of I-25 on County Line Road. Currently one residence occupies the site. Access for this development is from Silver Horn Lane. The applicant indicated intent to preserve significant environmental areas, including trees. Davenport recommended the board support approval, which they did.

Committee/Staff reports

Town Treasurer: Judy Skrzypek reported a letter was sent Jan. 10 to Jeff Jergensen, owner of the Broiler Room, regarding his water tap fees. Town Attorney Shupp included a promissory note to be executed and returned to him or to the town. Skrzypek also reported that she would not be presenting December 2002 financial information until the town’s firm, Swanhorst & Cutler, LLC, had audited it. They will begin work for the final audit on Feb. 3.

Disbursements over $5,000:

1. Triview Metropolitan District (Nov. 2002 sales tax) $9,614.00

2. GMS, Inc. (9/28 to 10/25/02 services) $5,832.79

3. CIRSA (2003 Worker’s Compensation Pool) $28,883.00

4. CIRSA (2003 Property/Casualty Pool) 44,690.00

Citizen representative to the Pikes Peak Area Council of Governments (PPACG): Leon Tenney reported that the first meeting of the Citizen Advisory Committee (CAC) was on Jan. 15. The CAC reviewed the number of points that the 108 projects received from the staff evaluation, using the new project selection criteria for the next Transportation Improvement Plan (TIP) of 2004-2009. The entire "Enhancements group" has 26 projects, rated from 0 to 46; Monument has three projects in this group. Scores of 0 are for projects not previously presented as part of the long-range plan, titled Destination 2025. Monument’s projects received the following ratings: historic sidewalks, 0 points; I-25 pedestrian crossing at Higby Road, 36 points; trail connection to Monument Lake, 24 points. Final scoring will be done next month; then the list will go to CDOT Region 2 for prioritization and funding at state and federal levels.

The CAC also discussed the large transportation projects under the 7th POT funding. There is $200 million left at the state level for large-scale projects such as I-25 interchange projects. The State Transportation Commission and Governor Owens will make decisions on the projects that will be funded during the next few months. PPACG will meet with the governor next month to make a pitch for local projects. If funding is reinstated, then the following local projects could proceed: widening I-25 south of Colorado Springs, improving the Powers/Woodmen interchange, and some right-of-way land buys for the Powers Boulevard Corridor.

Planning Department: The planning commission at its Jan. 8 meeting recommended approval of:

The commission continued to its Feb. 12 meeting the request to update the Regency Park zone map; and the request to rezone 10 acres east of King Soopers from PRD-10 to PCD.

At its Feb. 12 meeting, the commission will likely consider the following:

Police Department: The year 2002 was a busy year for the police department. Criminal reports went from 383 in 2001 to 601 in 2002, an increase of 57 percent. In addition, the officers took 109 noncriminal incident reports, issued 918 warning tickets, and investigated 85 traffic accidents. They anticipate that as growth continues, these numbers will continue to increase.

View photo of disputed parcel and map of shoreline

Jan. 15: The last meeting of the Monument comprehensive plan steering and advisory committees left many feeling the process had broken down. Despite that, it was announced that the latest plan will be taken forward to the Monument Planning Commission for hearings starting Feb. 12.

Background

The comprehensive plan advisory committee was formed in June 2000 to develop a collective vision of the future of the Town of Monument. The stated goal was to update the 1983 comprehensive plan. At community meetings in January 2002, Mike Davenport, Monument’s assistant town manager and planner, noted that the town has experienced, "9 percent growth per year over the past 20 years." He added, "When the 1983 comprehensive plan was approved, Monument was growing by 5 to 10 houses per year. Now it is growing by 5 to 10 houses per week." This growth has left the 1983 plan seriously out of date. It does not cover the areas east of I-25 such as Jackson Creek or those south of Baptist Road such as the proposed Forest Lakes business-industrial park."

The advisory committee held numerous meetings. Part way through the process, a steering committee was formed of advisory committee members who live in the town or own land within the town. Due to low attendance at steering committee meetings, the advisory and steering committees began meeting jointly. The Jan. 15 meeting was the last of the joint meetings.

The latest plan

The announced purpose of the meeting was to "determine if the draft plan is ready to go forward to the Monument Planning Commission."

Barbara Cole, president of the town’s consultant, Community Matters, Inc., led the discussion. She noted the following recent changes to the future land use map:

Concerns

Touching on one of the underlying questions about the process, Lake of the Rockies campground owner Ernie Biggs asked, "What are these designations?" Cole explained that the comprehensive plan is an advisory guide for future development and that the land use designations were chosen to represent desired land uses. The designations may or may not correspond to existing zoning or even to existing zone districts in the zoning regulation. Cole emphasized that the comprehensive plan does not change the zoning on any parcels. The board of trustees, through a separate set of hearings, makes zoning changes. Davenport noted that zoning changes usually come at the request of landowners.

Davenport said Biggs’ land is zoned as a Planned Commercial District (PCD) with specific uses spelled out in a development agreement with the town. He added that the areas of Biggs’ land designated on the future land use map for downtown use could be proposed for commercial, housing, or both. He suggested to Biggs that this is an opportunity saying, "If you want to propose housing [the map indicates] that is a valid use – a group of townhouses instead of PCD commercial."

Biggs noted that some of his land is shown as public park. Davenport said that would be corrected.

It was suggested the triangle of land bounded by Jackson Creek Parkway extended south of Baptist Road on the east, Baptist Road on the north, and I-25 on the west and south should all be shown as open space. The Colorado Department of Transportation (CDOT) now owns the land and has announced its intention to hold the land as mouse habitat to mitigate the habitat lost in the I-25 Highway 105 interchange project. Davenport said that change would be made.

Objections were raised to the large area designated regional commercial center in the southern portion of the map. This is often characterized as the "North Academy look" referring to what happened to North Academy Boulevard in Colorado Springs. At past advisory committee and community meetings, significant preference was shown for designating these areas as community commercial to encourage businesses oriented toward serving the local area as opposed to big box destination retail that draws customers from up to 20 miles away. Cole insisted the regional commercial area be retained, saying it would provide fiscal sustainability and uses that would not compete with the downtown area.

Misty Acres developer Rick Rafter said the designation of his land east of I-25 and south of County Line Road as single family detached use does not match the sketch plan approved by the county. Davenport said the map would be changed to match the county plan.

Rafter also noted that private land adjacent to the Tri-Lakes Fire Protection District fire station is mistakenly shown as open space.

Bill Simpson, owner of the parcel on North Washington Street that was proposed for a Transit Mix concrete batch plant said, "I am opposed to the re-designation of my property [as Planned Industrial]." He stressed that his property is zoned as a Planned Heavy Industrial District. Simpson and Transit Mix are engaged in an ongoing lawsuit against the town over the April 2000 denial of the proposed concrete batch plant.

The vote

John Dworak, Rampart Realty partner with Mayor Betty Konarski, made a motion to forward the plan with the agreed revisions to the planning commission for hearings. Although the results of the vote were not announced, it appeared the motion failed with three people in favor, four opposed, and dozens of people not voting. Despite that, it was announced that the plan would be taken to the planning commission. This left many wondering about the process. Jim Perry, who attended as the representative of the Triview Metropolitan District, later characterized the process as "loosely run" and said, "It appears [Mayor Betty Konarski] is pushing hard to get it through."

The first hearing by the planning commission is likely to be Feb. 12, 6:30 pm, at Monument Town Hall, 166 Second Street.

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Copies of the draft plan are available at Monument Town Hall, 166 Second Street. For further information, call the Monument Planning Department at 719-481-2954. Comments should be sent to the town planning department.

Board of Trustees Special Meeting: Water Fund Capital Improvements overview

5:30 p.m.: Trustee Christopher Perry was absent. Roger Sams, of GMS, Inc. Consulting Engineers, and Public Works Superintendent Tom Wall presented an overview of work currently in progress on water system capital improvements. Included were booster pump station modifications, a new Supervisor Control and Data Acquisition (SCADA) system, well pump upgrades, and distribution system improvements. Sams noted that growth projections for the year 2020 predicted an increase in single-family equivalents (SFEs) of between 50 percent and 100 percent.

Addressing the need for a new well, Wall referred to Resolution 3-97 that expresses the policy of the town trustees concerning the design and construction of future wells for the town. Wall was unclear about whether the resolution was referring to "paper water" in single-family equivalents or to "real water." Paper water refers to the amount of water the courts have adjudicated to the town—how much water they can legally have out of the ground. Real water describes the amount of water they can get out of the ground, based on the capacity of the wells and the condition of the aquifer.

The resolution states that a new well should be designed when all of the water produced by wells 1-7, stated in SFEs, is being used along with 80 percent of the SFEs produced by well 8. In addition, the new well should be drilled when the town is using all of the water from wells 1-7 and 90 percent of the water, as stated in SFEs, from well 8. However, there are dramatic differences among the number of adjudicated SFEs, the number of pumping "limited and mechanically restricted" SFEs, and the number of SFEs that can be produced and still maintain compliance with the augmentation plan. That is usually two-thirds of the adjudicated water, according to Wall. Only wells 7 and 8 do not require augmentation. About 95 percent of all tributary water used from the alluvial wells 4 and 5 has to be put back. The town gets credit for sewer water returned to the stream. In drought conditions, the town has to restrict wells 1-6 to no more than 47 percent of the total water produced by all eight wells.

The town expects to have pumping capacity for 1,265 SFEs by the end of 2003. Although the adjudicated water rights are for 2,341 FTE, the "limited and restricted" production capacity, which includes limitations by decree and/or permit, is for 1,242 FTEs. So, with existing well production conditions, the town needs a new well this year. Looking only at the adjudicated water, it is not time to design or to build a new well. If the trustees in 1997 were referring to the adjudicated water, the town might not ever hit that point in their use, said Wall. "The more realistic way to look at it is our capability of providing water to the citizens in a certain amount, and that certain amount is not based on the paper (adjudicated) water, but it’s based on the real water that we can physically get out of the ground," Wall explained. The town’s ability to deliver water is limited by permits, state laws, and augmentation requirements. For example, the town can pump some wells only three days a week or can pump only a certain number of gallons from some wells. Wall emphasized the need to base decisions on how much real water they are able to get out of the ground, not on the amount of water the court says they can have.

Sams noted the town’s water supply is short due to drought and peak day demand but otherwise, "They’re in good shape." In response to a question from Trustee Glenda Smith, town planner Mike Davenport said that 60 water taps were sold in 2002 and about 50 were budgeted for 2003. Triview Metropolitan District did not impose water restrictions in 2002, but was planning to use reuse water for irrigation in 2003.

The town has a dedicated site for a new well at the south end of the Villages of Monument on Old Denver Highway. It would be most practical to have a treatment plant there, too. Trustee Smith suggested the well house be designed to look like a residence so it would blend in.

Board of Trustees regular meeting

6:30 p.m.: Brendan Fetter, of Boy Scout Troop No. 8, led the Pledge of Allegiance.

Trustee Byron Glenn said that he had checked the sight distance at the new bank, and it seemed to be okay.

Trustee Smith referred to e-mail correspondence she had received regarding the Triview Metropolitan District. She said she found the messages confusing.

West Nile Virus presentation

Lee Griffen, Environmental Health Specialist from the El Paso County Health Department, gave a presentation on West Nile Virus, a disease transmitted by mosquitoes (see "West Nile Virus in Colorado" elsewhere in this issue). There was some discussion of detention ponds that can be breeding sites for mosquitoes and whose responsibility it is to maintain them. Davenport explained that when all the lots in a development are sold, the board of homeowners usually agrees to take over the responsibility for the pond. Trustee Frank Orten volunteered to serve on a committee to develop a regional mosquito prevention and control plan.

Triview payment issue

Trustee Smith brought up the issue of the $75,000 owed to the town by the Triview Metropolitan District for the segment of Jackson Creek Parkway north of Higby Road. This is an accounts receivable from 2002. If payment is made within the first 60 days of 2003, the town can account for it in 2002, otherwise, the fund balance would be $75,000 less. Trustee Glenn explained in an e-mail message sent Dec. 18 to Town Manager Rick Sonnenburg and the other board members that he spoke with Ron Simpson, Triview district manager, and asked about the money owed to the town. Simpson informed Glenn that because this was not an intergovernmental agreement, the bondholder, Tim Phelan, wants all money within the district that is not included in operations or maintenance to be used to pay on the outstanding bonds. Glenn wrote in his e-mail that because this payment may take six months to a year to receive, he believed the town should amend the budget and include the excess $75,000 now. Mayor Betty Konarski replied by e-mail on Dec. 18 that she believed they should leave the $75,000 on the books as an account receivable because she thought they were going to get the money. "There is plenty of time in 2003 to amend that budget if we must and as we expect we will do later in the year," she added. At the meeting, Town Treasurer Judy Skrzypek explained that if the town’s fiscal year 2002 expenditures exceed revenues, they might have to amend the budget. Konarski reported the town was working with Triview to resolve the issue.

Resolution 1-2003: Designating Posting Places for Public Meetings in FY2003, and Locations for Public Meetings in FY2003

Town Clerk Anne Holliday informed the board that in addition to posting public notices at Town Hall, the town has recently procured use of the locked glass bulletin board in the Monument post office. The town also has permission to post public notices at Lewis-Palmer High School and Creekside Middle School.

The new resolution adds the post office to the existing Town Hall posting place. Holliday recommended that only these two posting places be formally included. Requiring that all of the town’s public meeting notices be posted in four places may be cumbersome, considering the number of committee and commission meetings that require posting. Holliday will post the Board of Trustees meeting notices in the high school and at the middle school. The board wanted a policy to post Board of Trustees meeting notices at the high school and Creekside Middle School whenever possible. The board meetings at Creekside Middle School have been scheduled for April 7, August 18, and Nov. 3. The motion passed unanimously.

Annual Professional Services Agreement with Halepaska and Associates

Each year, the board considers an annual professional services agreement for general hydrologic services with water consultant John C. Halepaska and Associates. The town received a proposal for FY2003, and the rates are unchanged from the FY2002 agreement. The motion to approve the agreement passed unanimously.

Disbursements over $5,000

The following disbursements over $5,000 were presented for approval:

1. U.S. Department of Agriculture $40,271.38 (2002 principal and interest payments for 95 filter plant loan)

2. GMS, Inc. $ 5,099.59

3. Benefit Design Services $ 9,859.02 (January medical and dental premiums)

Skrzypek brought one more disbursement before the board: transferring $95,791.25 from one water fund cash account to another (December Water Bond Payments Taken from Water Tap Fee Account Instead of Water Revenue Fund Account). Motions to approve the disbursements passed unanimously.

Broiler Room Water Tap Fee Receivable

Skrzypek reported the Broiler Room Restaurant owned by Jeff Jergensen owes the town $15,750 for a water tap fee. On March 5, 2001, the board approved a twelve-month payment schedule for a $27,000 unexpected water tap fee expense incurred by Jergensen. Monthly payments of $2,500 began on May 15, 2001. Payments were received from May 15, 2001 through April 15, 2002. Jergensen did not respond to repeated requests from town staff or, more recently, from town attorney Gary Shupp to deal with his delinquent balance due. Shupp recommended asking for an executed promissory note, with a due date for the remainder of the money due. Such a note would make it easier if the town went to court on the matter, and it would allow collection of interest. Konarski explained that during remodeling for his restaurant, Jergensen had to upgrade the pipe, which resulted in unexpected expense. Also, he was delayed by vendors and the town. For these reasons, she wanted to facilitate the current situation for him. Shupp recommended extending the payment plan, with the provision that if the money is late, Jergensen pays interest.

Pay request for $35,710.78 from Boyle Engineering

Roger Sams, of GMS, Inc. presented the invoice for professional services related to construction administration and additional services for the Monument Lake Dam rehabilitation project from Aug. 1 through Nov. 29, 2002. It also includes some charges for services prior to Aug. 1, 2002, which have not been previously invoiced. Sams noted the invoice contained additional services required to fulfill the requirements of the Colorado Water Resources Division for final acceptance of the project. The motion to pay the invoice passed unanimously.

El Paso County Referral: Misty Acres: Filing No. 2

The El Paso County Planning Department sent the town a copy of the Misty Acres Filing No. 2 application and requested comments back by Jan. 10. The planning department advised that the board recommend approval, subject to the condition that development not occur until the county has determined, by its review of a traffic study, that roads are adequate for the projected traffic levels.

The applicant proposes 22 single-family lots and four multifamily lots on a 59-acre parcel. The proposed development is located in Tri-Lakes sub-area 7 "Woodmoor." The property is outside of Monument town limits and is not in the town’s 1983 comprehensive plan. In 1999, El Paso County adopted the 2000 Tri-Lakes Comprehensive Plan. The El Paso County Planning Commission and the El Paso County Commissioners previously approved a PUD Development Plan and Preliminary Plan for this project.

The Tri-Lakes plan identifies this area as "mixed use and/or nonresidential." The proposal does not include any business uses, which is consistent with Tri-Lakes Plan Policy 7.16: "Encourage higher intensity land uses such as new employment centers to locate within municipal boundaries where adequate services are available and in close proximity to housing for potential future employees."

Access to this development is from a proposed north-south collector that is shown on the PUD plan already approved by the county. However, the town did not receive a copy of a traffic study and therefore cannot determine whether the roads will be adequate to handle the increase in traffic.

Trustee Doug Warner expressed concern with multifamily residences in an area specified on the comprehensive plan as single-family detached housing. Davenport responded that it’s a proposed plan, not an adopted plan yet. He wants to avoid the appearance that the planning department is acting on a plan the trustees have not yet approved. He added that the residential plan is a plus, as it will not compete with the town for commercial use. The motion to accept the planning department’s recommendations passed unanimously.

Committee Reports

Public Works: Tom Wall presented a proposed intergovernmental agreement (IGA) between the Donala Water and Sanitation District, the Woodmoor Water and Sanitation District, the Triview Metropolitan District, the Town of Monument, and the Town of Palmer Lake. These entities would form an unincorporated, nonprofit association called the Palmer Divide Water Group. The group would contract with a person or entity to investigate and report on options for groundwater management and for the purchase of renewable water supplies. Wall noted that joining together would open more doors in looking for 2,000 acre-feet of water together rather than individually. Everybody else in the state is in a group, said Konarski. "It’s a recognition that Colorado Springs Utilities isn’t going to take care of us," she added. The motion to approve passed unanimously. Konarski also told of the Colorado Water Partnership, a lobbying group that seeks statewide support for water projects. The cost to join is $1,000. The town was invited to continue its membership by sponsoring a meeting in Monument, as an in-kind contribution.

Town Attorney’s Report: Trustee Glenn asked Shupp about the status of the Gulf Coast Resorts matter. Konarski said that they should be ready to resolve it by the next meeting.

Town Manager’s Report: Rick Sonnenburg reported on the full-time staff civil engineer position. He was confident that an in-house engineer could at least break even on their salary with one-fourth of the items on the list of engineering costs he put together. Parts of some projects would still be done by consultants. The staff engineer would add an inspection element. Davenport commented that GMS has done a very good job at a reasonable price. However, a staff engineer would be more efficient for the town, as he or she could attend meetings that three people—Mike Davenport, Roger Sams, and Tom Wall—are currently attending. Also, the staff engineer would manage projects. The interview team will be composed of Sonnenburg, Wall, Davenport, and Trustee Byron Glenn. A motion to send out the employment ad passed unanimously.

The meeting adjourned at 8:10 p.m.

View a picture from the meeting

The Triview Metropolitan District Board of Directors held its regular monthly meeting Jan. 22. The only district residents in attendance were board members Martha Gurnick and Linda Jones.

Developer/construction manager’s report

Rick Blevins, Jackson Creek Vision Development Company, reported that 100 warning signs regarding the mouse habitat have been ordered and are being installed. They must be posted surrounding the habitat area no further than 250 feet apart.

Blevins said bids are being solicited for landscape improvements including additional irrigation. Bids will be opened Feb. 7.

Blevins reported that Classic Homes and some other Jackson Creek builders have agreed to contribute $5,000 to $10,000 each toward additional landscaping. He said his goal is to collect about $35,000 total. Board president Kathy Walters thanked Blevins for his efforts raising money for landscaping saying, "It is a tough job. We appreciate it."

District engineer’s report

District Engineer Chuck Ritter, of Nolte and Associates, reported that final scores on Great Outdoors Colorado (GOCO) grant applications will be tabulated the first week in February. Results should be announced the second week in February. The district has applied for lottery funds to improve the Heights Trail and trickle channel landscaping. Ritter said that so far the district is still in the running.

Ritter said installation of the Supervisor Control and Data Acquisition (SCADA) system to control drinking Water Treatment Plant-B is about 98 percent complete. He said 48 of the 52 sensors are working. The project was originally scheduled for completion by the end of last year.

Wastewater treatment plant

Without giving specifics, Ron Simpson, Triview district manager, said the other partners in the wastewater treatment plant—the Donala Water and Sanitation District and the Forest Lakes Metropolitan District—are at odds regarding plans for the plant.

Wal-Mart status

Simpson said he is hoping to have a meeting soon with Wal-Mart developer Goldberg Property Associates. Since the required revised traffic report has not yet been submitted, the project is unlikely to be heard by the El Paso County Planning Commission before April. Simpson added that Wal-Mart recently gave $100,000 to the Monument Academy.

Parks, open space, and landscaping

Regarding Jackson Creek entryway improvements being made by landscape company Timberline, Simpson said, "So far, I am pleased with what Timberline is doing for us." Timberline is also working on erosion control in the Homestead subdivision.

Jackson Creek Filing No. 5

Simpson reported that the proposed development north of King Soopers is moving forward and will likely be submitted soon. He drew a sketch of the plan showing a multifamily complex combined with a commercial strip and two separate commercial pads. No mention was made regarding drilling of the needed well.

Rate increase study

Simpson reported that utility rate consultant Rick Giardina proposed a $22,500 study comparing the Triview district to other districts in terms of user charges, water and sewer rates, and tap fees. The proposed study would also address water conservation approaches. Simpson said, "For the money, it is a lot of work." The board could use the study results to justify increases in its rates and fees to improve revenue. The board unanimously approved contracting with Giardina for the study. A draft of the study is scheduled for completion March 7, with the final version available at the board meeting March 26. Simpson said the goal is to implement the increased rates June 1.

Personnel policy manual

Prompted by the need to hire a clerk to handle billing, Simpson distributed copies of a draft personnel policy manual. He said he drew on the Special District Association’s model and manuals from various districts, including the Donala district and the Cherokee Metropolitan District. Peter Susemihl, Triview attorney, said, "Once you adopt these, they become a contract. They leave a lot of room for litigation." He said the U.S. Olympic Committee version was simplified but still prompted three or four lawsuits.

On employee termination, Susemihl said, "I don’t like you to lose the ‘at will’ clause in Colorado law. Once you terminate and you tell them why, then you are subject to [the policy manual]."

Simpson said that once Triview takes over operation of its facilities, it will have to institute drug and alcohol testing of operators. Regarding a general drug testing program, Susemihl said, "It is easy to test as a condition of employment. It is difficult to test once they are employed unless they operate equipment."

Walters suggested the issue of drug testing be deferred "until we have some operators and then do an operators agreement."

Dale Hill, district administrator, suggested they postpone further discussion until she can get information from Susemihl and distribute it to board members. Walters responded, "As usual, Dale is right."

Water conservation

Simpson reported the Colorado Legislature is looking at measures to encourage conservation. He noted that Aurora has purchased a lot of junior water rights, meaning they have a right to the water only if the senior water rights holder does not need the water. He said, "Expect big problems in the Denver area this summer."

He said the Palmer Divide Water Group of northern water providers has not yet looked at conservation, but the study by the El Paso County Water Authority did address it.

Simpson added, "The best program is a stepped-up rate increase. Hit them in the pocketbook." He said the rate issue will be discussed further at the Feb. 26 meeting, and new rates will be adopted at the March 26 meeting.

Blevins noted, "The covenants don’t say there must be x square feet of grass. They say ground cover. It doesn’t have to be sod. It could be rock with so many plants every 100 square feet."

Road repairs

Simpson reported 18 locations need road repairs. The board unanimously approved expenditure of up to $7,000 for the repairs.

Drainage Master Plan

The board unanimously approved the drainage master plan distributed last November.

Billing personnel and equipment

The board unanimously approved funds to hire a clerk and purchase a handheld meter interrogator and training, a bulk mail permit, computer system and software, and 100 meter kits. Simpson said that since the conversion to in-house billing will not be completed by the end of the first quarter, Donala has agreed, for $3,500 per month, to continue to handle Triview billing as needed through the second quarter.

Sewage spill

Simpson reported that on Jan. 20, 45,000 gallons of sewage in the Creekside area leaked from the sewer system into the storm water underdrain system and contaminated a detention pond. He said the El Paso County Health Department was notified, the leak was fixed, sewage was removed, the contaminated area was disinfected twice and covered, and signs were posted.

Monument’s Draft Revised Comprehensive Plan

Board member Jim Perry reported that at the comprehensive plan meeting Jan. 15, the vote of the combined advisory and steering committee did not support approval of the plan but still the plan will be taken to the Monument planning commission. Perry characterized the process as "loosely run" and said, "It appears [Mayor Betty Konarski] is pushing hard to get it through."

Blevins said the Jackson Creek Vision Development Company has not been given a copy of the latest plan.

Simpson said, "[The town] still hasn’t responded to our January 20, 2002, memo." He said from the district’s point of view, there are many remaining problems with the plan. In particular, he said the imposition of an I-25 overlay is "an attempt to kill big box [stores]." He added, "Everybody wants to fight the big, bad developer. We are caught in the middle. Some of this will directly cut revenue to Triview."

Simpson said the proposal in the plan to use the prudent line principle in building near drainage ways "would sterilize an unbelievable number of acres."

He said, "The plan shows trails through mouse habitat. The impracticality of some of the stuff in here diminishes the credibility of the effort."

Simpson also objected to setback, buffering, and environmental impact analysis requirements. He expressed concern about the intention to implement the plan through changes to the town’s zoning and subdivision regulations.

Susemihl concluded, "The plan may be a violation of existing agreements between the town and the district."

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The Triview Metropolitan District board of directors normally meets on the fourth Wednesday of each month, at 6:30 p.m., at the district office, 174 N. Washington St. The next meeting will be Feb. 26.

For further information, contact the Triview Metropolitan District at 719-488-6868.

West Nile Virus presentation

Lee Griffen, Environmental Health Specialist with El Paso County Department of Health and Environment, gave a presentation on West Nile Virus, a disease transmitted by mosquitoes (see "West Nile Virus in Colorado"elsewhere in this issue). Trustee Scott Russell volunteered to serve on the committee to plan regional mosquito prevention and control.

Intergovernmental agreement (IGA) with the Humane Society of the Pikes Peak Region

Police Chief Dale Smith explained that his department needs a backup system for dealing with vicious dogs. If police responding to a call regarding a dog have some indication that the dog is from the town, they’ll take the dog to Sundance Kennels in Palmer Lake. The kennel owner, Wilma French, has always taken in dogs at no charge to the town, but she cannot take diseased or vicious dogs.

Leslie Yoder, from the Humane Society, discussed the services her agency offers. In 2002, ten animals were brought in from Palmer Lake. The town did not have a contract with the Humane Society and was only charged for one vicious dog at large. Normally, the Humane Society charges $10 per day for board fees, which is far less than the actual costs. Trustee Susan Miner asked if the town could renegotiate the contract if they brought fewer animals in during the previous two quarters. Yoder said she would have to consult the finance director. Smith pointed out that the town has gotten service over the years without paying. Trustee Randy Jones thought it might make more sense to pay on a case-by-case basis. The trustees voted unanimously to approve the IGA.

Agreement for construction of acceleration/deceleration lanes—Willow Creek

There is a subdivision bond for 125 percent of the cost of the lanes. Work must be completed by June 30, or the town will use the bond money to complete the work.

Water service surcharge

Mayor Nikki McDonald wanted Palmer Lake residents to understand that the $10 surcharge being added to bills for monthly water service is the cost to run the well. "We are not subsidizing developers," she added. The trustees discussed exemption from the surcharge. Residents need to request an exemption. McDonald and Trustee Chuck Cornell will consider requests on a case-by-case basis, using the guidelines for LEAP, an energy assistance program. Cornell reported the water level in the reservoir is still dropping. He didn’t know when the Arapahoe well would be ready, but it could be used in an emergency.

Roads

Jones presented a change to the ordinance pertaining to pruning and corner clearance. The current ordinance reads, "…so that there shall be a clear space of eight (8) feet above the surface of the street"; it will be changed to twelve feet. Trustee Cindy Allen asked if a stop bar could be painted at the stop sign on Spring Street. She observed that people stop ten feet past the sign.

Community and Economic Development—Buildings

Miner reported that the New Year’s Eve party for Lewis-Palmer High School students was canceled due to low ticket sales. Theories for the lack of success included that the sponsoring group was too wholesome and that the idea was too new.

Fire

Chief Julie Lokken reported that the department got Santa to the elementary school and that the department received a FEMA grant to use for bunker gear and breathing apparatus.

Mayor’s report

McDonald reported on plans for a Casino and Mardi Gras Night at Pinecrest Event Center. Proceeds would be used to pay for the new firetruck. The event has been scheduled for Friday, Feb. 28, at 7 p.m. McDonald also announced that her New Year’s resolution was to conduct town meetings according to parliamentary procedures, that included limiting the time for public comments.

Request for new business license

KK Sole & Sew, Karen and Ken Morrow. Ken formerly had a shoe repair business in Monument. The request was unanimously approved. The new business will pick up work dropped off at Woodmoor Cleaners, Gleneagle Cleaners, and the Clothesline.

The meeting adjourned at 8:30 p.m.

This is the third update of the Joint Working Group (a sub-group) of the northern El Paso County Fire District’s collaborative program that is studying the organizational consolidation of four departments involving three district boards and one town council. This group continues to meet regularly to ensure program progress.

Since the prior update, the group has been working with attorneys to analyze the different methods of unification available. Merging into one single district requires a review of legal issues and discussion and determination of the best method to use. The final decision involves legal issues, financial issues, and individual methods of operation of all of the departments.

The joint working group operational subcommittee, led by the fire chiefs, continues to gather data relating to the departments’ individual call run demographics, capital inventory, and distance and response time. They also continue to review and develop common operating and training procedures for fire emergency response and EMS response and transport across all four departments. This information is necessary in order to begin merger discussions. An initial recommendation regarding unification is scheduled for spring 2003.

Meanwhile, all departments continue to provide the best possible fire, rescue, and emergency medical assistance—the number-one priority.

Contact any of the four fire departments with any questions.

At the regular meeting Jan. 16, the Tri-Lakes Fire Protection District Board of Directors announced the appointment of Ron Thompson as assistant chief. The board also discussed a proposed cooperative ambulance arrangement with the Woodmoor-Monument Fire Protection District and approved a rate increase for medical and rescue services. Director Oscar Gillespie and Chief Robert Denboske were absent.

Thompson new assistant chief

Ron Thompson, Emergency Medical Services (EMS) coordinator, (see photo) was appointed assistant chief, the post formerly held by Denboske, who was named chief last August.

Financial Report

District Director and Treasurer John Hildebrandt reported that the district completed calendar year 2002 approximately 3 percent under budget. He noted that during November and December, $53,564 was collected in ambulance charges, thanks to the efforts of Thompson and district Administrative Assistant Paula Abrahamson.

Chief’s Report

In Denboske’s absence, Thompson reported the district handled 882 calls during 2002. That is up 11 percent from the 796 calls in 2001. There were 776 calls in 2000, 721 calls in 1999, and 548 calls in 1998. The 882 calls were comprised of 570 (65 percent) medical/traffic accidents, 223 (25 percent) fire, 35 (4 percent) hazardous materials, and 54 (6 percent) public assists. An average of 1.5 vehicles were used per call during 2002. Of the 882 calls, 143 calls were in fulfillment of mutual aid agreements with other districts.

Thompson reported that a Web site for the district is under development. Board President Charlie Pocock suggested posting emergency notices such as street closings at the site.

Pocock reported that there are now three paid personnel per shift and six crews of volunteers with four or five members each. He said, "There are a minimum of seven people available 24 hours per day. Each truck will carry four. Each ambulance will carry two. There is a paramedic on every shift every day with part-time paramedics on standby. It is a wonderful situation and a great improvement over three or four years ago."

Pocock noted that plans are being made for fire awareness meetings this summer. Homeowner associations and other groups are encouraged to contact the station to arrange a time and place.

Station 2

Pocock reported there have been some delays in getting a signed agreement with the Great Divide Water Company, which owns the well next to Station 2. Under the agreement, the district could use up to 2 acre-feet per year. Ninety percent of the water used will be counted toward Great Divide’s water augmentation program. The agreement calls for protection of the wellhead and allows for parking near the wellhead by Station 2 personnel. Getting the agreement signed by Great Divide is a critical step in going forward with the project.

EMS Report

Thompson reported that the district that day had responded to an electrocution of a high voltage line worker in the Palmer Lake area near Sara Sausage. The worker had stepped on an active 7,200 volt line. The crew arrived within four minutes of the call and found the worker was not breathing and had no heartbeat. Surprisingly, the other workers had reportedly not performed CPR or taken any other measures. Fortunately, breathing and heartbeat were quickly restored. At press time, the worker was continuing to do well in the hospital. In addition to the Tri-Lakes crew, the Woodmoor-Monument district and the Palmer Lake Volunteer Fire Department responded to the call. Thompson said, "The call went like clockwork."

Thompson reported the staff has been trained to use the new medical services billing software. He said, "So far, it is a fantastic program." The software can be used to calculate demographics by region within and outside the district. The district is on schedule to meet the April 2003 deadline for electronic billing to Medicare.

Cooperative ambulance service proposed

Thompson said he and Denboske were to make a presentation to the Woodmoor-Monument district board on Jan. 27 regarding a cooperative ambulance/EMS arrangement.

Thompson said, "It is a benefit to both districts producing better service to residents while reducing costs and keeping the revenue in the Tri-Lakes area." Presently, patients in the Woodmoor-Monument district may have to wait as much as 40 minutes until an American Medical Response ambulance can arrive from Colorado Springs.

The Woodmoor-Monument district is reportedly considering purchasing an ambulance. Thompson said, "It just doesn’t make sense. The area can support one ambulance service, not two."

The multi-agency study completed last year recommended a cooperative arrangement using the Tri-Lakes district’s ambulances. Pocock said, "If we can’t cross this hurdle [to merger], how are we going to cross any others?"

Medical and rescue billing rates increased

Following an executive session, the board unanimously agreed to adopt increased billing rates for medical and rescue services. The new rates bring the district to approximate parity with other providers in the area. Thompson said the increased rates will better cover the costs for the service including the associated training. The new rates were made retroactive to Jan. 1.

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The Tri-Lakes Fire Protection District board normally meets at 7 p.m. on the third Thursday of each month at the district firehouse, 18650 Highway 105 (near the bowling alley). The next meeting will be Feb. 20.

For more information, call Chief Denboske at 719-481-2312.

The fire protection district reported it received $28,735 in grants and donations during 2002. Karen Evans, of A Chick and a Windshield, collected and donated $12,000 from the Have a Heart, Save a Life drive. The Glen Eyrie Chapter of the Eastern Star donated $10,000, and Mountain View Electric Association provided a grant of $5,000.

Ron Thompson, assistant chief and officer for the medical department of Tri-Lakes Fire Protection District (TLFPD), gave a presentation on the benefits to residents using TLFPD’s ambulance service. Currently, TLFPD breaks even on its ambulance service, but it expects to operate at a profit as calls increase due to population growth and increased traffic. With another $60,000, three more paramedics, one per shift, could be added. Thompson noted that using TLFPD’s ambulance service would keep more revenues in the community, which is not true with AMR, the ambulance service currently used by Woodmoor-Monument. The response time would be faster for Woodmoor and old town Monument—an average of 5.85 minutes. Code 3 ambulance response time is even faster. They guarantee a paramedic on every call. Thompson also mentioned that working together would enhance cooperation between the two departments.

Board member Russ Broshous commented that many of these issues would get resolved in a merged district, a preliminary decision that could be made in the spring. He also noted that Woodmoor-Monument was currently under contract with AMR, which limited what they could do in the short term.

Bob Browning, president of the board, noted that at the time Woodmoor-Monument entered into a contract with AMR, Tri-Lakes couldn’t offer what AMR offered—a paramedic on the scene immediately. "We need to deal with these crazy boundaries we’ve got," added Browning. "We appreciate what you’re doing, but let’s keep going forward with this merger," he said.

Broshous concluded, "Having a single management of a single district would resolve problems that mutual aid agreements can’t. The faster we do the merger, the better off we’ll be."

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The next meeting of the Woodmoor-Monument Fire Protection District board will be Monday, Feb. 24, 8 a.m. at the fire station, 1855 Woodmoor Drive. A joint board meeting of Woodmoor-Monument and Tri-Lakes Fire Protection Districts will be held on Tuesday, Feb. 25, 7 p.m. at the Woodmoor Barn, 1691 Woodmoor Drive. For more information, call Chief Youtsey at 488-3303.

The Woodmoor Improvement Association (WIA) held three meetings in January. At the second one, the subject of weed and mowing regulations came to a head. A number of residents had expressed concerns about potential changes to these rules early in the meeting. Later, when the rule proposal was put to a vote, it was defeated 4-2. There was some further discussion by the WIA board about continuing to pursue the matter. Suggestions were made to have the regulations e-mailed to those on the list for review; then, after receiving comments from residents, the board would have further discussion on the subject..

The significant part of the new weeds and mowing rule proposed by the WIA is:"Owners are responsible for maintaining their entire lot in a clean and attractive condition. Owners must promptly correct any problems of noxious weeds as defined by El Paso County by spraying or mowing or other means. Furthermore, grass and similar vegetation must be regularly mowed so that it does not exceed nine inches in height in the areas 20 feet from the edge of the roads and 18 inches in height on the remainder of the lot. The failure to maintain a lot in a clean and attractive condition, including any drainage, utility, roadway or other easements located on the lot, shall constitute a violation of the WIA’s Covenants and Rules."

The stated goal of the rules is to improve fire mitigation and community attractiveness. Also, "Tall weeds and leggy growth is unsightly."

To provide some background on the reason for this rule change, research was carried out on some typical lots. In a visual survey from the roadside, probably less than 10 percent of lots would currently meet the new regulation. Looking at the lots owned by the three major proponents for the rule change—Beth Courrau, Bob Riddle, and Paul Lambert—however, revealed a certain similarity in vegetation and land form that might give them a good perspective. Atypical of most Woodmoor lots, these three have fairly dense stands of thin, older ponderosa pine. This dense form of forest generally has little undergrowth because of the lack of light. All lots were reasonably flat. In contrast, the majority of lots in Woodmoor have much more variety in their forms of vegetation. Many lots have thick stands of willow, scrub oak, and chokecherry; in wetter areas, grass and shrubs grow in abundance.

It was interesting to note that in looking at lots that did meet the mowing rules and had closely cut grass, there were some areas that were purely dirt. This is somewhat expected in times of drought because the sun has more ability to dry out the soil and vegetation. In general, mowing height should be raised to heights that cannot easily be adjusted to on most mowers. Other observations were that many lots had steep slopes or gullies and arroyos that would be difficult to climb. Many of these slopes had loose sand; walking on these would easily cause erosion. A lot of the drainage channels had taller vegetation that serves to control runoff in times of heavy rain. This is also applicable to grassed slopes–longer grass does minimize erosion and help hold moisture.

There are also implications in terms of wildlife habitat and safety. The longer undergrowth provides refuge for many animals, protecting them from predators and the sun, and also provides food. From a safety issue, mowing or cutting the grass within the willow and oak clusters might be quite difficult. Controlling "weeds" to 18 inches without encouraging mowing lots to 2 or 3 inches will clearly prove difficult for some, particularly as the historical groundcover has been wildflowers and prairie grasses.

Residents need to consider the potential effects of these proposed rules and are invited to e-mail their input to wia@woodmoor.org or fax to 481-8461. Copies of the draft regulation are obtainable at the WIA office.

Later in the same meeting, the board had a brief discussion about a motion to be sent to the Lewis-Palmer school board indicating a preference of having a second high school at a different location to minimize traffic impact in Woodmoor. Paul Lambert offered an amendment to ensure it was clear the opinion was only with regard to traffic. The majority of the board thought the motion was already fairly clear, and in the subsequent presentation to the school board of the unmodified motion, this was borne out.

Courrau gave some information about early notice she had been given of potential development of what was originally planned as the South Golf Course or The Walters Property. What has been proposed is quite different from what people have thought or have been told it would become over the years. It has not been zoned for a golf course for many years, and in fact some of the land has been zoned multifamily. The new proposal for a portion of this land is for multifamily and other housing on half-acre lots.

On January 27, the WIA held its annual meeting at the Lewis Palmer Middle School. This was well attended by more than 100 residents.

Vincent J. Elorie Citizenship Award: The Reverend Robert (Bob) Jaeger of St. Peter Catholic Church presented this award to Marian Taylor. She and husband Jim were involved in Woodmoor in forestry and cleanup programs, including the seedling program to replace Woodmoor trees. Marian worked on the Empty Bowl program for two years. She is currently helping in the library at St. Peter Church. A board member of the Palmer Divide Quiltmakers, Marian got the group working in partnership with the American Cancer Society. The quilters make pillows and comfort items, as well as head coverings for cancer patients who have lost their hair due to chemotherapy.

Items of long-term interest were contained in John Haines’ report for the Architectural Control Committee. More than 40 new homes were constructed in Woodmoor last year, and plans were approved for 26 more. The number of houses being approved is down, but the number of additions being built has increased. Many more applications have been received to replace wood siding with stucco. There are 299 lots in Woodmoor that remain un-built, though 100 or so of those are owned by Woodmoor residents, so not all are likely to be developed. One of the major items that will be discussed during the next year is the position and extent of fences.

During the open discussion period at the end of the meeting, many people asked questions about the proposed development for the South Golf Course. As Courrau said earlier, many people said they had been told by their real estate agents that this was to become a golf course or left as open space. People were concerned about being notified of future plans for the development. The WIA does get notified of any adjacent plans for development and because this development is within Woodmoor, the WIA has to approve the subdivision of land.

Other news relevant to Woodmoor and the surrounding area is that the Woodmoor Water and Sanitation District announced and implemented a new rate structure. The main feature of this change was that it became a full conservation plan. Instead of paying a minimum rate that covered 6,000 gallons whether it was used or not, the new structure almost halves the monthly minimum from $45 to $25.74 and then charges for the amount of water used at a gradually increasing rate. Water is now $3.50 per 1,000 gallons for the first 6,000 gallons, rising to $12 per 1,000 gallons for very high volume users. The district hopes to achieve a 10 percent reduction in usage. The district currently estimates that 50 percent to 60 percent is used by residents for irrigation of lawns and landscaping, and that the rate structure provides an incentive to implement water-saving devices and attitudes inside and outside the home. Further details and suggestions can be found at www.woodmoorwater.com; also, the Woodmoor Water and Sanitation District office has copies of water conservation information and xeriscape suggestions.

Paula Mooney has been selected as the new principal of Lewis-Palmer Elementary School. She will replace Dr. Kaye Branine, who is retiring at the end of this school year. Mooney is currently the principal of Palmer Lake Elementary. Under her leadership, that school has been designated a School of Excellence for the past two years by the Colorado Department of Education for the Excellent rating of overall academic performance on the Colorado Student Assessment Program. Dan Lere, director of the district’s personnel services, has begun the search for her replacement and hopes to have a candidate to recommend at the March board meeting.

Tom Sistare, of Hoelting & Company, addressed the board concerning the district’s financial condition for the fiscal year ending June 30, 2002. His company performed the audit, found the district to be in good financial shape, and did not note any items that needed to be addressed. He further stated that the cooperation of the Business Office was excellent and that the district has very good accounting records and internal controls.

Becky Allen, intern in the Curriculum and Instruction Office, received a commendation from the board for her assistance in facilitating curriculum committees, working on curriculum guides, and helping to align guides with state standards.

Presentations and discussion of the future high school consumed the majority of the four-hour meeting. Three residents spoke in favor of a second high school; two encouraged an expanded campus.

Superintendent Ted Bauman spoke at length, giving impassioned personal and professional reasons why the district cannot afford to operate a second high school and why he believes the best opportunities for Lewis-Palmer High School students would be in an expanded campus setting. (See excerpts from his talk on the facing page.)

Denny Hill, of Strategic Resources West, Inc., discussed demographics and long-term strategic planning. His research and data from the 2000 Census indicate that students per household in District 38 is approximately 0.68; he projected that district high school enrollment will probably top out at about 3,000, cycling down and back up over years of demographic changes.

Architect Holger Christinasen discussed estimated facility costs for a second high school and for an expanded campus. He noted that school districts normally cannot afford to build a high school facility for fewer than 1,200 students. The biggest facility cost differences between the two options would be the cost of land.

David Dilley, assistant superintendent, provided some observations analyzing indicators of student achievement with school size. The first study was of schools across the nation that had won the prestigious Blue Ribbon Schools award. Of the 55 public high schools that had received the award in 2002, the average enrollment was 1,762.8; the median enrollment was 1,750. (The smallest school enrollment was 500; the largest was 4,300.) The Colorado Department of Education Web site shows that a disproportionately large number of high schools with an enrollment above 1,200 scored in the Excellent/High category on the Colorado School Accountability Report.

Dilley stated that in presenting this information, he wanted to dispel any fears of choosing one concept over the other. "We can make either way work, as have others," he said. "However, I recommend that we strive to remove emotion from the equation as much as we possibly can. There will be disagreements on the issue. But if student achievement is our major priority, I think it is clear that we can make either concept work."

At the end of these presentations, board President Dr. Jeffrey Ferguson announced the board had just received a report that recent assessed valuation estimates released by Legislative Council for fiscal years 2004 through 2008, if accurate, will have a major impact on the district’s ability to afford and issue debt in the near future. While assessed valuations in recent years have seen increases of as much as 18 percent in reassessment years and as much as 9 percent in non-assessment years, the new estimates are from 1.58 percent to 5.9 percent. In December, the estimated district assessed valuation for fiscal year 2003-2004 was predicted to be nearly $324 million; the latest Legislative Council’s estimate is nearly $275 million. The board will sort out the options as figures become firmer. Future high school discussions will be continued, possibly with some community forums to engage larger numbers of patrons with speakers who would debate the issue of school size.

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The next board of education meeting will be Feb. 20. Meetings are held at the Administration Building at Second and Jefferson in Monument, and begin promptly at 7 p.m.

"I believe the Second High School Action Committee (SHAC) has purposefully used the term mega high school as an emotional scare tactic. Mega, by definition, means one million of something, for example megabucks, megahertz, megaton…bigger than big…certainly something different and an incorrect image for what we have proposed in an expanded campus concept."

That was District 38 Superintendent Ted Bauman beginning his personal statement concerning the future high school at the Board of Education meeting on Jan. 16. He disputed the findings by the SHAC, using the group’s own Decision Scorecard as a framework to talk about District 38 and Lewis-Palmer High School. He also pointed out rumors that he has heard. He related that one parent said she had been told by SHAC that there would be 5,000 students at an expanded high school site. "That is not true, nor has it ever been suggested…. Initial plans don’t call for anything bigger than 2,800 students, and even that appears high based on current data and projections for Lewis Palmer High School." The proposed plans for an expanded campus do not call for adding on to the current building; rather, they call for a separate building (or buildings) for different activities or different grade levels.

"I have read the small school research," he went on. "What they say is true in communities of low socio-economic conditions, for ineffective and failing schools. LPHS is not a failing school." Referring to the research of Craig Howley, director of the ERIC Clearinghouse on Rural Education, Bauman said, "Smaller schools maximize achievement in impoverished communities, whereas larger schools maximize opportunities and achievement among the more affluent. Well-off students do better in large schools because they are prepared in middle-class homes to be competitive, involved, engaged, and have expectations to go to college."

The SHAC’s Decision Scorecard lists 17 attributes, most of which they claim are characteristics of two schools more often than they are of a larger school or an expanded single high school campus. "We cannot compare our high school with those that have been studied in the small high school scenarios," Bauman said. "I want the public to hear the facts. Ours is not a low performing district, and our high school is not ineffective. In fact, the reverse is true."

Quality of Curriculum – Cost Effectiveness

"I believe that unless the district invests considerably more money… the curriculum will suffer. Two schools are not cost effective. Common sense tells us it costs more to run two separate programs than to run one bigger program. We learned that lesson clearly with the construction, programming, and staffing of two middle schools with comparable programs. The incremental costs [of two high schools] over time are not sustainable in District 38 with the current rate of school funding."

Achievement

"One would be hard-pressed to find a small public school that has higher achievement rates and scores than LPHS. To me… the reason we exist… [is] to give our kids… the best education possible, setting high expectations and achievement goals that challenge students to do their best. [Our scores] have actually gotten better as we have gotten bigger."

Student Attitudes Toward School: Attendance, Social Behavior, Belongingness, Interpersonal Relationships

"In asking our students over the years, I find them very positive about their experiences at LPHS. Attendance is one check of attitude. The attendance rate has been 96.5 percent the last three years…. You will not find higher rates anywhere. SHAC implies that LPHS students have worse behavior than if there were two schools. Where is the research? Our suspension rate is lower now than it was in the years when the school had fewer than 1,000 students. What I am saying is that the great majority of our kids are good, well-behaved students that deserve the best opportunities this district can provide."

Dropouts – Self-Concept

"SHAC claims that the dropout rate is lower in small schools or would be lower if we had a second high school. Not true! The dropout rate last year was 0.2 percent [five students]… the lowest ever in this district. In 1993, when enrollment at LPHS was 850, the dropout rate was 2 percent; in 1988, with 680 students, the rate was 3.4 percent. Because of our size, we have been able to add more counselors, an at-risk counselor, and more teachers for smaller classes… purposeful strategies to keep kids from dropping through the cracks or getting lost in the system. Our graduation rate [an attribute not included in SHAC’s scorecard] was 97.4 percent last year, the highest it has been in this district. In 1993, our graduation rate was 93 percent; in 1988, when enrollment was 890, our graduation rate was 81 percent. I believe the district has done a great deal to enhance our students’ opportunity for success, which in turn impacts how they feel about themselves."

Extracurricular Participation

"I will concede that participation in varsity level sports would increase with two schools. A second school would offer two sets of varsity sports programs. However, if we are talking about overall participation in all extracurricular offerings, I have not seen research to support that student participation would increase in two smaller schools over our current level…. As growth continues, an expanded campus would allow us to increase the number of different sports venues as well as other extracurricular opportunities. To me, offering ‘mega’ opportunities for kids is more important than ‘limited’ options that would occur in a second high school scenario."

College Variables

"Of our graduates, about 88 percent go on to postgraduate study. Could that be higher? Sure. Should it be higher? I don’t know. We have students who enter the military, go to trade schools, or go right into the world of work. To force kids to go to college who have set goals in some other direction is questionable. I do know that LPHS has a reputation for its graduates [with colleges] all over the United States…. There are students from last year’s senior class now attending Harvard, Yale, Princeton, and Notre Dame."

Teacher Attitudes

"SHAC asked for D-38 teachers to contact them if they thought expanding the current school was not a good idea. Twenty-three teachers out of a potential 150 responded, and 19 said they would favor a second school."

Proximity to School (Convenience) – Traffic

"I certainly agree that a second school out east would be closer to the 300 or so students projected to live out there in the future. Obviously, students who live in Woodmoor or closer to the current school who would need to drive to the new school as a result of boundaries would not feel it to be so convenient…. I believe we build schools to meet the needs of all students, putting them where the greater number live, and being fiscally responsible, able to fund both what we build and the programs we provide in a quality way…. Building a second school out east will not eliminate the traffic through South Woodmoor as the Woodmoor Improvement Association implies. Kids will still drive through neighborhoods to get to school. I guarantee you that if a second high school is built, more students will be using Highway 105 and crossing Highway 83 to get to school. For the record, there have been more fatalities and other critical accidents involving our students and adults on Highway 105 east of Furrow, Highway 83, and County Line Road than there have ever been in Woodmoor, on Struthers or Higby Roads."

Construction/Schedule Risk

There is no research indicating that one construction project would have any greater risk than the other.

Competition Between Schools – Positive Impact on Community

"I disagree most vehemently with SHAC on this issue. I have heard some of the second high school proponents say community impact is not an issue. I have heard some folks [who live] out east say they don’t care about community and that is why they live there. I have lived here, out east, for 15 years…. I love this community and have worked hard to help Lewis-Palmer High School be our ‘melting pot’—to bring students together from rich, from poor, from east, from west, into a school that treats students equally, gives them all the same great opportunities for activities and academics. The one place where Palmer Lake, Monument, Woodmoor, and eastern parts of this district come together is at Lewis-Palmer High School.

"A second high school will split us apart in a huge way, in a way we haven’t even begun to comprehend. The tactics I have heard SHAC use are [ones that will] turn students against students, families against families, neighborhoods against neighborhoods, and community against community. I will fight very hard for that not to happen. One high school allows us not to fight the inequity battles that will occur, the negative competition that will occur, the highly emotional battles that will continue for many years as we grow and continually have to shift boundary lines to keep schools with equal enrollments. Community is a big deal, not only for our students, but for the adults who live here as well. I love this school district. There is no need to split this school or this community at this time."

The El Paso County Water Authority met for its regular monthly meeting on Jan. 8. Hotly debated topics included conducting a study of private well groundwater supplies and inclusion of an El Paso County Planning Department memo in the final water report.

New board elected

The following nominations were unanimously approved: