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County planning commission hearing on Wal-Mart could come August 19 or 26

View proposed Baptist Road Improvements

Web Site Exclusive: Revised Wal-Mart Site Plan

In June, Wal-Mart submitted to the El Paso County Planning Department a revised application for an expanded supercenter to be built on the 30-acre parcel on the south side of Baptist Road directly across from the King Soopers. The parcel is just south and west of the limits of the Town of Monument. The county planning commission may hold a hearing on the project as soon as August 26.

The proposal is for a 24-hour per day supercenter with a 203,007 square foot (4.7 acres) store encompassing a grocery store, garden center, and 6-bay tire/lube express. There would be parking for about 1,001 cars. The store would be at the eastern part of the parcel with the parking lot to the west. It would occupy Lot 1 (23.9 acres).

Lot 2 (1.4 acres) on the northwest corner is proposed to be a Wal-Mart gas station that includes a 975 square foot building.

There are proposed to be three points of access to the store. At the western edge of the proposed development, Jackson Creek Parkway is already a full-motion intersection with a traffic signal. The plan calls for two entrances off the extension of Jackson Creek Parkway south of Baptist Road. The third access to the store would be a right-in/right-out directly onto Baptist Road toward the mid-point of the parcel. That access from Baptist Road would be about 275 feet west of the right-in/right-out access to the King Soopers shopping center.

Drainage from the approximately 25 acres of impervious area would be collected in Lot 3, a roughly 2.5-acre snow storage and run-off detention area on the southeast corner of the parcel. Pollutants such as petroleum products from the lube facility, gas station, and vehicles on the parking lot would be carried into the detention area by storm water. The outflow from the detention area would flow west into a drainage ditch and from there into nearby Jackson Creek and the associated wetlands. 

The plan calls for a retaining wall up to 34 feet high on the east side of the parcel between the back of the store and the existing church and a 32-foot retaining wall on the south side of the parking lot. Retaining walls are being used rather than the graded slopes in prior plans as one means to increase the size of the store and parking lot.

The parcel was zoned about 20 years ago as R-4. The commercial form of the now obsolete R-4 zone is equivalent to the county’s current Planned Business Park (PBP) zone district. PBP is defined in the county’s Land Development Code as being for retail sales and service businesses that "primarily serve an adjoining neighborhood or neighborhoods."

At the April 23, 2001 pre-application conference, Carl Schueler, Assistant Director of the El Paso County Planning Department, noted that the required zone for a supercenter Wal-Mart is Planned Business Center (PBC). PBC is the most intense commercial zone in the county’s Land Development Code and is two steps more intense and a significant departure from the existing R-4 equivalent PBP. As defined in the code, the purpose of PBC is for "regional centers" that are expected to draw customers from significant distances.

Instead of requesting PBC zoning, Wal-Mart has requested rezoning the parcel as a Planned Unit Development (PUD). In their letter of intent, Wal-Mart said their use of the PUD zoning "encompasses land uses similar to the R-4 zone." Based on the materials submitted, the planned use is not similar to the R-4/PBP zone but is a regional center requiring PBC zoning as stated by Schueler.

The authorizing legislation for the PUD zone district, the Planned Unit Development Act of 1972 (CRS 24-67-101), was primarily intended to accommodate innovative approaches to clustered residential designs and designs that combine light retail and residential within one plan while encouraging creative development of parks, recreation areas, and open space. The proposed Wal-Mart plan includes no housing, parks, or recreation areas, and almost no open space. The statute states "Planned unit development means an area of land…the plan for which does not correspond in lot size, bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land use regulations." In fact, the county’s Land Development Code contains appropriate provisions that relate to the proposed development under the Planned Business Center (PBC) zone district.

The traffic study and road improvement plans for the Monument Marketplace and the Wal-Mart have been partially merged (see Baptist Road improvement plan). The same consultant, CLC Associates, is developing both. CLC has identified the following improvements as needing to be completed before the Wal-Mart or the Marketplace Home Depot can begin operation:

Additional roadwork specific to the proposed Wal-Mart:

Since Wal-Mart is considered a "magnet store," a significant portion of the increased traffic attributable to the store can be expected to be between I-25 and Jackson Creek Parkway. The Colorado Department of Transportation (CDOT) is currently preparing a design for an improved interchange design to address existing and anticipated traffic. Those improvements are expected to extend from the Total station on the west to several hundred feet east of Jackson Creek Parkway. The construction cost has been estimated at approximately $30 million and is currently not funded. According to Schueler, construction of the changes is not included in the Pikes Peak Area Council of Governments Traffic Improvement Plan that extends through 2007. Schueler said the project could be made a priority but it is still very unlikely to be funded in less than three years. He said that given the current state budget crisis, a longer delay seems quite likely.

At the June 1, 2002 meeting of the Northern El Paso County Coalition of Community Associations (NEPCO), Schueler stated that traffic at the Baptist interchange is expected to reach Level of Service (LOS) F, the worst there is, sometime before the rework is completed. He said, "If Wal-Mart is approved, the day it opens, the Baptist interchange will go to LOS F. No matter how much Wal-Mart contributes to Baptist Road improvements, the day it goes in it would kill the interchange."

According to Schueler, the planning commission hearing on the rezoning and preliminary plan previously announced for August 19 might be held August 26. After the planning commission renders a recommendation, there must be a minimum 30-day notice prior to holding a hearing before the Board of County Commissioners. Schueler estimates the county commissioners hearing could come in October.

The hearings will be held at the El Paso County Building, 27 E. Vermijo, Colorado Springs, 3rd floor hearing room starting at 9 a.m. In the event of a large turnout, the hearing will be moved to Centennial Hall on the northwest corner of Cascade Street and Vermijo Street.

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

Additional information is available at www.ourcommunitynews.org/top_stories.htm#wal-mart and www.CoalitionTLC.org/wal-mart.htm or by calling John Heiser at 488-9031.

View proposed Baptist Road Improvements

Web Site Exclusive: Revised Wal-Mart Site Plan

At their meeting July 24, the Board of County Commissioners voted 4-0 to approve service plans for the Forest Lakes Metropolitan District and the three associated Pinon Pines districts. Later the board voted 3-0 to approve the rezoning of Struthers Ranch from 2 ½-acre lots to a Planned Unit Development (PUD) with lot sizes as small as 6,000 square feet (0.14 acres). Commissioner Tom Huffman was absent. Commissioner Jim Bensberg left part way through the Struthers Ranch hearing.

The Forest Lakes Service Plans include a revision to the service plan for the existing Forest Lakes Metropolitan District and service plans for three new districts, called Pinon Pines Districts 1, 2, and 3. The Forest Lakes district would be a master district and the three Pinon Pines districts would be taxing districts with little or no say in how the tax funds are used.

Carl Schueler, assistant director of county planning, said, "This would not be a typical special district in that it would start as a developer-controlled district but would not evolve into one controlled by residents as development occurs. The legal boundaries of the Forest Lakes district would be limited to a small parcel to be perpetually controlled by the developers. Property owners within the Pinon Pines districts would receive services on what amounts to a contract basis. As proposed, they would have no representation on the district board."

Attorney Darlene Sisneros, representing Forest Lakes, LLC, described the structure as needed to ensure low-cost funding, construction of the needed infrastructure, and long-term provision of services to residents. She said a similar structure has been used elsewhere, including Highlands Ranch.

Sisneros objected to a condition added by the planning department requiring formation of a citizen advisory council made up of directors of the Pinon Pines districts. The condition would require that the chair of the advisory council have full voting membership on the master district board. Sisneros wanted that seat to be non-voting.

The Pinon districts’ property taxes would be capped at 50 mills, with a separate cap of 10 mills to cover operational expenses. Both of these caps are subject to automatic adjustment upwards as the Gallagher Amendment decreases the factor used to determine assessed values from market values. No limits on monthly water and sewer fees paid by residents are proposed.

To answer concern that buyers would not find out about the unusual nature of the districts until ready to close on a property, one of the conditions requires that a notice of the characteristics of the districts be recorded as part of the legal description of all the properties so a search by title companies would ensure that buyers were notified prior to closing.

Paul Murphy, attorney for the Dellacroce family, said a 2.8-acre parcel they own may already be in the Forest Lakes district; even though they have not been billed for district taxes. He said, "We think we are already in; however, the court can’t find the district file." Based on those concerns, a condition was added to conform the district boundaries to the court records.

Regarding the difficulty of including a voting resident representative on the board, Commissioner Jeri Howells said, "I don’t believe it has been an obstacle."

Commissioner Chuck Brown said, "I agree with the developer so they have the wherewithal to continue the development. They need to have control of the district."

Commissioner Wayne Williams moved for approval of the service plans changing the conditions to make the resident representative a non-voting member of the Forest Lakes district board.

The motion was approved 4-0.

Williams remarked that no one from the public came to speak against the plans. The lack of opposition is not surprising given that no one currently lives in the district.

The Struthers Ranch parcel occupies 105.3 acres and lies east of I-25, three-quarters of a mile south of Baptist Road, south of Chaparral Hills, west of Gleneagle, and north of the Academy View and Summer Glen Estates developments. The current zoning, RR-2—rural residential with 2 ½-acre minimum lot size—would allow about 40 single-family lots.

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

On Jan. 18, 2001, the BOCC unanimously approved a sketch plan with 50 single-family lots on the north side of the parcel, 75 multifamily units on the south side of the parcel, 13.5 acres of office, and 30.2 acres of open space. The lots on the northern boundary were to be a minimum of one acre. A condition of the approval was that the lots on the north side of the project not be developed until an access road north to Baptist Road was available. This requirement seemingly stalled the project.

On Jan. 2, 2003, by a vote of 3-2, the BOCC approved a revised sketch plan with a total of 180 dwelling units, a minimum lot size of 6,000 square feet, and an average lot size of 7,000 square feet. The sketch plan also included about 44 acres of landscape buffer, open space, drainage detention, and habitat conservation areas; about 6 acres for Struthers Road; and approximately 9 acres of Planned Business Center commercial use.

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

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

Jones’ calculation of the number of lots needed to pay for off-site construction was based on an assumption that county taxpayers will pay for a bridge over the Black Forest Creek drainage swale and mouse habitat that bisects the parcel. That bridge has been estimated to cost $1 million to $2 million.

As the next step in the process, on June 17, 2003, the planning commission held a hearing on the developer’s request to rezone the parcel to Planned Unit Development (PUD) and to approve the associated preliminary plan. The planning department recommended approval but noted that there remained density transition issues with the adjacent developments.

The planning department comments included the following: "It has been agreed that the developer is responsible for construction of four lanes of Struthers Road within the property boundary and that this would constitute the developer’s fair share of the Struthers Road construction." This is a substantial change from the prior implication that the Struthers Ranch developer would pay for a major share of the cost for constructing the road all the way north to Baptist Road. That was a central justification for increasing the number of lots from 125 to 180.

Discussion among the planning commissioners focused on how the developer was no longer required to construct any off-site portion of Struthers Road. Following that discussion, the planning commission voted unanimously to recommend denial of the rezoning and associated preliminary plan.

On July 24, the board of county commissioners held a hearing on the proposal. During his presentation, Jones said, "We meet the spirit and intent of the comprehensive plan and are in compliance with the approved sketch plan." He stressed that the project will assist completion of Jackson Creek Parkway-Struthers Road south, will address long-standing drainage issues on the property, and will provide mouse habitat mitigation for construction of the bridge."

Mike McDowell, a commercial real estate broker who said he was hired eight years ago to represent the property, said, "This land will be developed. Some of the things proposed over the years, you wouldn’t believe. The highest and best use is residential. If anybody else would buy this land, they would at least want what this developer wants to economically develop this property."

Several adjacent property owners spoke against the project.

Gleneagle resident Ron Overson said all the property owners along the east side, except the Donala district, voted against the rezoning. He said, "We never imagined the master plan being changed this drastically. It is just not acceptable to the neighbors."

Falcon’s Nest resident Carla Howerton said, "No one adjoining this property wants this to go as planned. Had we wanted high density, we could have moved to Powers. Our views would be completely, totally destroyed. We are not against development. We are against high-density development. We are asking for a better transition."

Falcon’s Nest resident James Bentley said, "The developer would make just as much money with larger lots and nicer homes. I see concessions to the north and east but nothing to the south. We would like fair and equitable treatment for all adjacent lot owners."

Chaparral Hills property owner Suzan Sery said, "We bought our property expecting 2 ½ acre lots. Why do we have zoning if a developer can do what he wants to? Why have a planning commission with citizens giving of their time and then ignore their recommendations?"

Chris Anderson, also a Chaparral Hills lot owner, summarized the concerns of many on the north side of the project when he criticized the lack of an adequate transition from five-acre lots in Chaparral Hills to a density of six lots per acre in Struthers Ranch. He said, "It is going to look like a brick wall up against our property. Instead of two rooftops, I will see 50 rooftops." Anderson also noted that the cost structure has changed because the county is going to build the bridge and someone else is going to build the road. He said, "The improvements being required of the developer don’t match up to earlier claims."

Steve Sery, a member of the planning commission speaking as a private citizen and owner of an adjoining Chaparral Hills lot, said, "It is 28 times as dense as Chaparral Hills. This is in-your-face density. In no way can this be considered a reasonable transition." He added, "The developer was talking in the range of $2 million to $3 million for off-site improvements. They no longer have to do that. The county has gained nothing. This was a bad plan at the sketch plan stage. It is still a bad plan."

County attorney Michael Lucas noted that master plans are advisory. He also said that PUD rezonings are held to the lesser standard of "general conformity" to the master plan whereas with other rezoning a finding of master plan consistency is required.

In his rebuttal to the opponents, Jones said, "Present zoning is absolutely no indication of what is going to be built on the property. Sub-area comprehensive plans are what you should look at. Here the sub-area plan calls for mixed use. The whole community said, ‘suitable for mixed use.’ We are at 1.1 units per acre. South of this site the density is three, four, or five times higher."

Paul Danley of the county department of transportation said the signed development agreement calls for the Struthers Ranch developer to construct about 2,000 feet of four-lane road. He estimated the cost at about $500,000.

Brown said, "About 20 years ago, I was involved in looking at developing this property. It is one of the most difficult pieces in the county to develop. There have been two or three previous attempts. We have gone about as far as we can go to develop this property. There is no viable way to develop it with large lots."

Williams said, "It is a difficult matter. The sketch plan was approved 3-2. The planning department is in favor. The planning commission is opposed." He then moved for approval with additional conditions that would reduce the total number of lots from 180 to 173 by removing six lots along the north side and one lot on the east side. After further discussion and negotiation including an executive session, the motion was approved by a 3-0 vote.

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The Forest Lakes Service Plans are available on the web at http://adm.elpasoco.com/planning/forest_lake.asp.

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

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

Web site exclusive: View the Struthers Ranch Preliminary Plan

District Court Judge Thomas Kane upheld the May 16, 2002 decision by the El Paso County Board of Commissioners (BOCC) to approve the preliminary plan for the Schuck Corporation’s Forest Lakes development. A group of area residents challenged the county’s authority to allow some of the plan’s rezoning and density, and filed an appeal of the decision in district court.

The proposed subdivision of 467 homes on 990 acres is located at the western end of Baptist Road, primarily on the former Beaver Creek Ranch. The plan calls for a clustered design with areas of high-density patio homes coupled with an assortment of larger lots, open space, trails, and recreational use of two lakes. On February 26, 2002, the county planning commission voted 6-3 to recommend denial of the preliminary plan.

The lawsuit claimed, "The board exceeded its jurisdiction when it approved the Forest Lakes preliminary plan without a valid sketch plan as required by the [Land Development] Code." The suit claimed the 1984 sketch plan had lapsed or was not applicable due to differences between the sketch plan and the preliminary plan. It further claimed, "The board’s decision to approve the preliminary plan was arbitrary and capricious, and not in harmony with the comprehensive plan which is the guiding document as it pertains to land use."

Judge Kane disagreed. The judge ruled, "The Board of County Commissioners did not exceed its authority or act arbitrarily and capriciously when it approved the Forest Lakes Preliminary Plan by Forest Lakes L.L.C. The record in this case contains sufficient and competent evidence supporting the Board’s determination."

In a county press release, Bill Schuck, president of the Schuck Corporation, was quoted as saying, "This is a validation of a good decision and responsible approach taken by the county commissioners. The commissioners did the right thing approving the plan. They’re often called upon to make tough choices under pressure and they’re to be complimented for taking an action that will serve those who live in El Paso County now as well as those yet to come."

The Monument Board of Trustees (BOT) and the Triview Metropolitan Water District Board of Directors held a working group session before the regular BOT meeting on July 7. The purpose of the meeting was to initiate discussion about possible participation by the town in funding Jackson Creek Parkway. Triview wants the town to pay for up to three-fourths of the expense of building the parkway, from Lyons Tail to Higby Road, even though the water district is supposed to pay for the roadway per the 1987 intergovernmental annexation agreement for Regency Park. The town would pay by forfeiting its half of the 3 percent sales tax that would have been generated by Marketplace tenants. The tax would be forfeited for up to eight years in one Triview proposal. Triview would not reimburse the town for these forfeited tax receipts under their proposal.

Representing Monument were Mayor Betty Konarski and trustees Frank Orten and Glenda Smith, as well as the full town staff; three BOT members were absent, and Byron Glenn arrived halfway through the meeting. Representing Triview were Directors Martha Gurnick, Gary Walters, and Kathy Walters, as well as General Manager Ron Simpson and attorney Peter Susemihl; two board members were absent. Both sides expressed regret about their respective limited representation and their mutual hesitance to make any decisions without more representation.

Simpson restated the facts and issues facing Triview, which he had discussed at the previous BOT meeting. The parkway cost is now estimated at $5.2 million, excluding the additional cost of all its supporting utilities. Costs for four-lane box culverts spanning Jackson Creek and No Name Creek are included. Although this entire segment is to be four lanes eventually, Phase 1 would only include two lanes from the north entrance of Monument Marketplace to Higby, in order to postpone $1 million of the $5.2 million expense. The cost of extending Leather Chaps to the main Marketplace entrance is an additional $1 million. Home Depot, which was announced recently as the first and only tenant, requires that the developer commit to building all four lanes from Baptist Road, as a condition of breaking ground. Home Depot wants building to start no later than Aug. 31 and further requires the developer to complete Phase 1 of the parkway before the store opens.

Konarski asked for some numbers to review, as she had said she would when Simpson proposed this meeting. However, Simpson had no specific handouts to present. He said the long list of assumptions that have to be made make the creation of projections difficult and their accuracy difficult to evaluate. Simpson did briefly discuss conservative numbers for a single scenario. He said that if the entire 3 percent sales tax was given to the district, instead of the current 50-50 split with Monument, the parkway would probably be paid for within eight to nine years. However, he added that there are a lot of alternative possible development assumptions and at least 20 revenue growth scenarios as well.

Smith mentioned the intergovernmental annexation agreement in 1987. Smith, Konarski, Simpson, and Susemihl disagreed about the dates and splits of different revenues between the town and the district that have occurred since then. Monument planner Mike Davenport indicated that the Marketplace developer might have to pay initial Baptist Road expenses instead of Wal-Mart. Wal-Mart has fallen behind the Marketplace schedule. Simpson expressed concern about the "can of worms" that might be opened by asking the Marketplace developer to contribute to Baptist Road improvement. There was no agreement on who would pay for the widening of Baptist Road from the parkway to the interstate, how they would deal with mouse habitat, or how Wal-Mart would participate in building the parkway. Simpson noted that No Name Creek is wetlands but not mouse habitat.

Susemihl said that the town should only think about how to avoid piecemeal development and slower commercial development. Orten asked about false savings in not building four lanes all the way to Higby. Simpson said the parkway asphalt would become brittle due to underuse. Smith asked if Triview had enough water. Simpson said the Marketplace water could come from the new well for Jackson Creek Filing 5. Gurnick asked when Struthers would be shut down. Simpson said CDOT doesn’t say yet because completion of Struthers rerouting south of Baptist is uncertain.

Konarski noted that Triview would need to get an additional $15 million in bonds and asked when Monument would begin to recoup enough revenue to break even on forfeited receipts from the Marketplace. Simpson replied that too many assumptions prevented him from running any numbers. He said that all projections are guesses and that a bonding house will only look at assessed values. He also said he was not able to provide numbers because they would end up in Our Community News and be misinterpreted. Susemihl said he didn’t care what the press does with the numbers. Simpson countered to Konarski, "I’m not going to do the brain damage if you’re going to run to another pole." Smith replied that she needed something to choose from. Glenn felt that a 50-50 split in the town’s share of Marketplace revenue is appropriate for some period, in order to expedite construction. Simpson offered again that in his worst-case scenario, with a single tenant, that the roadway would be paid for with the entire 3 percent tax totally dedicated to Triview for eight years and tapering to 2 percent then 1 percent in the next two years. He added that if Monument didn’t "invest" [meaning, forfeit revenue to Triview] it wouldn’t get a penny because the Marketplace would fail; in addition, he said, this was not a commitment of funds the town has in hand.

Smith observed that police protection for Jackson Creek is not cost-free and that the older part of Monument would also need to benefit from this process. Simpson said that the Marketplace could produce as much as $42 million per year in taxable revenue in the future. The proposed shopping center between the Marketplace and Foxworth-Galbraith might produce $15million/year in taxable revenue. Smith observed that the Regency Park development was not supposed to cost the town in any way. Gurnick said no one paying Monument taxes would benefit if the improvements weren’t made. Glenn said that giving up revenue did not hurt the town’s current bottom line. Susemihl said that Home Depot, still unidentified at this meeting, would provide enough revenue and attract enough other businesses to make the parkway solvent. He noted that if the Marketplace and Wal-Mart failed, then Monument would not have any debt from the parkway whatsoever.

After much discussion, Konarski asked that the Triview projections presented at the next session account for the loss of the King Soopers shopping center revenue when Wal-Mart opens. Susemihl indicated that Triview would provide three or four alternative scenarios. Both sides agreed to meet again, on Aug. 4 at 5:30 p.m. at Town Hall to discuss costs and revenue projections. The special meeting adjourned at 6:18 p.m.

The Monument Board of Trustees held a short regular meeting after its meeting with Triview Metropolitan District. A minimal quorum was present as Trustees George Brown, Christopher Perry, and Doug Warner were also absent for the regular meeting.

Christopher and Michael Temple of USAFA’s Boy Scout Troop 79 led the Pledge of Allegiance. There were no public comments or scheduled guest speakers.

The ballot issue for the Nov. 4 election, permitting the town to retain all revenues for the next four years, passed unanimously. The board wants to retain all excess revenues collected rather than refund unexpected excess receipts. Voters previously agreed to give their refunds back to the town in 1996 and 1999. No other ballot issues are expected.

Town Manager Rick Sonnenburg reported that school district bus barn issues were negotiated by the town staff with school district staff. The Lewis-Palmer School District rejected the town’s request, in its letter of June 4, to reconsider building curbs, gutters, and sidewalks. In Superintendent Ted Bauman’s subsequent letter of June 19, following the interstaff meeting of June 17, the district said it would build two on-site detention ponds instead. The school district rejected the town’s request for a 40-foot turn radius at the Beacon Lite Road entrance. However, it agreed with town consultant Transplan’s compromise suggestion to increase the turn radius from 20 feet to 35 feet, to prevent buses from having to cross the Beacon Lite center line to exit the facility. The district’s letter reminded the town that they had donated an acre of land for Beacon Lite Road construction and that the "transportation facility will be a beautiful improvement … to what once was weed covered and somewhat unsightly portion of school district property… ." Other changes suggested by town engineering consultant GMS and/or requested by the town regarding easements, culverts, and grading appeared to be unresolved in the package provided to trustees. A motion to affirm the staff-negotiated settlement with the district passed unanimously.

At the request of Police Chief Joe Kissell, amendments to business license regulations were passed unanimously, even though wording regarding auctions was not yet included. Kissell wanted the new regulations in place to cope with an increase in the number of door-to-door salespeople within the town limits. Amendments to effect the latest Model Traffic Code were unanimously approved after Kissell observed that they would enhance enforcement regarding reckless driving and speed contests, particularly on Highway 105.

The transportation engineering consultant contract with Short Elliot Hendrickson, Inc. was renewed for a third year. Janet Hruby outlined fee increases in response to Orten’s query. There was a general 5 percent increase, around half the staff classifications were expanded and revised, and some $100/hour fees increased to $135/hour. Konarski noted that using a senior engineer now costs the town $160/hour.

In other financial matters, the Broiler Room had not made its June 2003 tax payment and owed $4500. A motion to purchase anti-virus software for $2593.90 passed unanimously. The town has borrowed $1,964,502 against an upper limit of $2,443,000 for its 2002 loan agreement with the Colorado Water Conservation Board. The board voted unanimously not to borrow more money at this time to pay for Monument Dam expenses.

The board then considered reappointment of citizen committee members. Larry Neddo is the only remaining member of the Public Works Committee, and no citizens have volunteered for the other four positions. Public Works Superintendent Tom Wall observed that this committee has likely outlived its usefulness, and Konarski said the new staff engineer would help fill this role. Smith noted that the committee fostered citizen input. Further discussion concluded that this committee would be allowed to go dormant but be kept in the regulations for possible reactivation, as those serving on the Parks and Landscape Committee would resist being tasked with Public Works issues. After Wall reminded them of Neddo’s unexpired appointment, Konarski and Davenport agreed to ask Neddo to fill the empty planning commission position, which no one had volunteered for. Smith suggested he also be offered an empty seat on the Police Advisory Committee. Perry indicated that he would like to continue on the Board of Adjustments, which also has an empty position that must be filled by a planning commission member.

Liquor licenses for La Casa Fiesta, 7-11, and Cork ‘n’ Bottle were routinely renewed unanimously. The Shell convenience store at the King Soopers shopping center has let its liquor license lapse for over 30 days. Sales tax revenues from Popeye’s Chicken in this building have not been paid recently.

There were no committee reports and no town attorney’s report. The town manager’s report noted that Oz Architecture had been hired, for $2,750, to generate cost estimates for the new comprehensive Town Hall building, which is to include the police and public works departments. Smith asked if Conservation Trust Fund money could be used for park maintenance. Sonnenburg said yes. The Colorado Intergovernmental Risk Sharing Agency gave a near-perfect score to the town’s loss control standards audit, a dramatic improvement over last year. Smith informed Kissell that a citizen had told her there may be drug problems at the skateboard park. Kissell said he heard no report of such problems but advised that all citizens should dial 911 to report this sort of thing immediately.

The meeting adjourned at 7:19 p.m.

Web Site Exclusive: Regency Park Zoning Plan

The Monument Board of Trustees (BOT) met on July 21 to hold public hearings on a number of development issues. Major agenda items were the Monument #5 Addition Preliminary Plat and Final Plat, preliminary cost estimates for a potential new town hall complex, and hearings on the Third Amendment to the Regency Park Development and Zoning Plan and the Preliminary Plan and Final PD Site Plan for the Monument Marketplace. All board members and town staff principals were present.

A special BOT closed executive session was held before the regular meeting to allow the board to receive legal advice. This meeting was resumed after the regular meeting was adjourned. The regular meeting was called to order at 6:38 p.m.

Planning Commissioner Lowell Morgan asked that the board consider changing the manner of operation of the new manually initiated Santa Fe Trail crosswalk traffic signals on Second and Third Streets. While the crosswalks are effective and well used by pedestrians who need them, he was almost struck there by a driver doing approximately 45 mph. He thought the lights stayed red a bit too long, inducing some impatient drivers to run the red light once the pedestrians had crossed and disappeared down the trail. He proposed making the lights flashing yellow, or even flashing red, because he believes a flashing light has a more consistent ability to induce caution in drivers, as evidenced by the flashing yellow Santa Fe Trail crossing light on Beacon Lite Road, also a 25 mph zone. Mayor Betty Konarski asked Public Works Supervisor Tom Wall to look into Morgan’s suggestion.

Larry Neddo, a two-year member of the Public Works Committee who was invited to fill the empty Planning Commission position, spoke briefly to the board. The Public Works Committee has recently gone dormant due to lack of additional citizen volunteers. This freed Neddo to volunteer for the commission. He was approved unanimously.

Mike Davenport, assistant town manager and town planner, briefed the board on revisions to the plats for Monument Addition #5 that developer Dwayne Black had made at the request of the town at the June 16 BOT meeting. Black has redrawn the subdivision with eight housing lots, instead of nine, and had changed the former flag lot, along the length of the adjacent railroad tracks, into a common subdivision detention pond for all eight individual dwelling lots called tract B. Davenport added that town consultant GMS concurred with the drainage improvement. Black had agreed to and incorporated all recommendations from fire and police departments and town engineering consultant GMS. The former driveway to the former flag lot is now a utility easement and provides the necessary access to the detention pond. Addition #5 was unanimously approved with those conditions.

Davenport said the amendment is being proposed by Vision Development, Inc. to bring the zoning map up to date incorporating various actions by the BOT, reflecting the mouse habitat, and accommodating the plans for the Monument Marketplace project. Davenport noted that since the original Regency Park plan for a regional mall was adopted in 1987, the nature of retail has changed.

Land planner Michael Pharo presented concerns of his client, property owner Miles Grant. Pharo objected to the road network changes shown on the amended plan. He said, "The plan focuses on [Vision Development’s] private needs to the detriment of my client." In particular, he expressed concern that elimination of the loop road shown in the prior plan will force customers to use Jackson Creek Parkway to travel between stores in the Marketplace and anticipated stores on Grant’s property. He said, "It fragments the synergistic relationship between the uses."

Due to the interdependence of the Regency Park plan and the Marketplace plan, the hearing on the Regency Park plan was continued until after the Marketplace hearing.

In response to Pharo’s concerns, Rick Blevins, representing Vision Development, Inc., pointed out changes to the plan to improve circulation between the Marketplace and the properties to the south.

The town’s consultants confirmed that all significant technical issues with the overall project had been resolved or were covered by conditions.

Trustee Frank Orten made a motion to approve the Marketplace project subject to the list of conditions. The motion was unanimously approved.

With very little additional discussion, the Third Amendment to the Regency Park Rezoning and Development Plan was then unanimously approved.

Trustee Byron Glenn moved that the hearing on Part II of the Comprehensive Update to Subdivision Ordinances be deferred until the next scheduled BOT meeting. The motion passed unanimously.

A very preliminary cost estimate for a new Town Hall complex was performed by OZ Architecture to provide data to help the BOT decide whether or not to place funding for such a building on the November ballot. Several trustees stated that it was premature to put the issue on the ballot. The next opportunity for such an election initiative is two years from November. The approximate cost estimate for the project is $2.5 million. Treasurer Judy Skrzypek prepared a spreadsheet in which she estimated that 0.3 cents (30 percent) of the 1-cent water tax, would pay off the new town hall structure in 20 years.

Konarski said the guidance she gave the architects was to create a one-stop building that would serve all the town’s administrative needs in a single downtown location. She noted that it must be large enough to have a big meeting room that would provide services for seniors and be possible to rent out for local functions, to recoup some of its expense. Attorney Gary Shupp confirmed Anne Holliday’s date of Sept. 10 as the deadline for submitting a ballot initiative for a November election. While the building could be squeezed onto a 1-acre lot, Konarski insisted that a 2-acre lot would be far better, due to the need for an enclosed car space for prisoner transfer. Davenport concurred. Konarski noted that the Chamber of Commerce might be willing to permanently rent space since it is losing its current location. Doug Warner suggested some permanent features to some rooms such as a dais and fixed furniture to better define rooms for specific municipal purposes. Everyone agreed on the need to improve police facilities whether or not a new town hall is authorized.

Joan Thebert-Cain was invited by Konarski to speak on the need to accommodate senior activities in a larger, improved facility. She gave a moving, extemporaneous presentation on the vital need to prevent the town’s seniors from feeling isolated, and she supported her position with many statistics. Some specific suggestions included establishing pastor support sessions, book clubs, regular meetings to test and secure treatment for macular degeneration, a crafts club, senior exercise classes, community travel and photography groups, and vaccination and wellness meetings. The board praised her presentation, and Konarski thanked her for her expertise and advice.

Glenda Smith expressed concern about reallocating water money away from water projects when, because of very high housing costs, the town needs to keep utility rates as low as possible. Chris Perry noted that the water fund could not be used to subsidize water rates. Warner said that the town could move forward on developing plans and options without committing funds, and needed to get the ball rolling. Konarski summarized, saying that the board needed to move forward on planning and acting on an interim improvement for police facilities, but it is too soon for a ballot issue. She repeated that Town Hall needed to be downtown. Many of the trustees spoke again to the urgency of doing something quickly about police facilities. Skrzypek said that water money could not be used for the police improvements now. Citizen John Dominowski asked the board to look at streamlining all the various special districts that serve its residents, for opportunities to save money and help the overall budget. There was no support from the trustees to prepare a ballot initiative to redirect a portion of the water tax into non-water capital improvements, as there was consensus that it would not pass.

The contract for Chassen Computer Consulting was unanimously renewed, as was the contract for the town auditor, Swanhorst and Cutler, LLC. The June financial report was approved unanimously. Smith said that Skrzypek’s new format and amplifying comments are liked and appreciated by the board. Skrzypek said she had successfully reversed a $78,000 IRS penalty on the town’s 2002 W-2 forms. Several trustees agreed with the suggestion to give it to Chief of Police Joe Kissell for improvements. Warner asked about the Broiler Room’s taxes, and Skrzypek said they were late again. It was agreed that the Broiler Room’s taxes would now be a permanent agenda item. There was some lengthy discussion about effective methods for ensuring collection of vendor taxes at the farmers market.

The liquor license was renewed for Jackson Creek Chinese Restaurant. Changes to three street names in Jackson Creek Filing No. 5 were approved. A request from the county asking for a water line easement through Santa Fe Trail property was approved. A motion to advertise for a BOT vacancy, effective after the Aug. 18 meeting passed. –(Christopher Perry is moving from Monument to join his father in their family business.)

Kissell spoke about a recent meth lab bust. He said they needed help from the Drug Enforcement Administration because none of the Monument police have received the special chemical training needed for those who handle suspected drug materials.

The meeting adjourned at 9:20 p.m., and the board returned to executive session.

At the Monument Planning Commission meeting July 9, two major topics again dominated the agenda: The update to the town’s comprehensive plan and the Monument Marketplace proposal.

David Mertz, chair of the planning commission, announced that the purpose of this workshop is to review the text in the revised draft document. The most controversial item was a suggestion that the southern portion of the Forest Lakes business park just west of I-25 and south of Baptist Road be planned as a heavy industrial district. The district would be immediately east of the wastewater treatment plant.

Tim Siebert, a land-planning consultant from N.E.S., represented Forest Lakes, LLC. He reported that a company had approached them about including a batch plant. He said, "We hadn’t contemplated the use. We are not saying we absolutely have to have it. The Schuck community is committed to a quality development." He said there are concerns about the visual impact from the interstate and how to screen potential heavy industrial uses from the planned commercial uses. He noted that the entire operation would be enclosed in a structure except for materials storage outside. A truck route would be designated and designed to handle the heavy loads.

Bill Simpson, owner of the property on North Washington Street that was to be the site of the Transit Mix concrete batch plant, said, "I take exception to putting a heavy industrial district down there. I already have a heavy industrial area. How would it be any different?"

Commissioner Lowell Morgan replied, "A major difference is that there are no children in that area."

Siebert acknowledged that there would be an issue of dust from the outside materials storage. Commissioner Kathy Spence said, "I don’t think anything that creates dust should be in that area of the foothills. It is just not appropriate on that side of I-25."

Mertz suggested the town get comments on this topic from the Air Force Academy.

The hearing on approval of the update to the comprehensive plan is scheduled for August 13.

The next item was a continuation of the June 11 public hearing on the Monument Marketplace proposal.

Davenport summarized the updates made since last month.

Bruce Rau, a landscape architect for CLC Associates, and Todd Whipple, a senior vice president of CLC, assisted Rick Blevins, representing Vision Development, Inc. in answering the commission’s questions. Paul Battista, an architect for Galloway, Romero & Associates, discussed questions specific to the first big box tenant, subsequently announced to be Home Depot.

Blevins noted that the improvements to Baptist Road must be completed prior to opening the first store. He said those improvements may require an amendment to the Triview Metropolitan District’s mouse habitat conservation plan (HCP) to accommodate the widening of Baptist Road where it crosses Jackson Creek.

Mike Watt, owner of several properties, including the property being leased to Foxworth-Galbraith, asked if the Baptist Road improvements would encroach on his property. Whipple replied that, based on the Colorado Department of Transportation’s roadway profile, the improvements could be done within the existing easement.

Miles Grant, owner of properties on the west, north and east of the King Soopers shopping center, expressed concern that amending the HCP may adversely affect his property. He said, "We have given up 50 percent of our property to the mouse so far. I don’t want to give up more." Blevins said the intent is to avoid triggering an increase in from 300 feet to 395 feet for setbacks from mouse habitat.

Davenport said, "Someday someone will have to deal with this issue. The Baptist Road crossing of Jackson Creek is too narrow to handle the traffic right now."

Following further discussion, Spence moved that the planning commission recommend approval of the plan subject to a list of conditions. The motion was unanimously approved.

**********

The Monument Planning Commission meets on the second Wednesday of each month at Monument Town Hall, 166 2nd Street. The next meeting will be August 13. A work session will be held at 6:00 p.m. followed by the meeting at 7 p.m. That meeting will include a hearing on approval of the update to the comprehensive plan. For additional information, contact Mike Davenport at 481-2954.

For more information on the Marketplace project, contact Rick Blevins at Jackson Creek Vision Development, 385-0555, or rblevins@jacksoncreek.com.

View Possible Heavy Industrial Area of Forest Lakes

The Monument Parks and Landscape Committee hosted its second presentation in Town Hall by the University of Denver’s (DU) Colorado Center for Community Development (CCCD) on July 8. Two graduate students from DU, with undergraduate degrees in urban planning, have been working for several months on proposals for long-term development of Second Street and the cross streets. This presentation was part of the committee’s efforts to develop a Parks, Trails, and Open Space Master Plan—part of the overall Monument Comprehensive Plan. The committee’s recommendations and conclusions were to be given to the town Planning Commission scheduled to meet the next evening. Eight citizens attended the presentation.

Before the CCCD, Planner Mike Davenport invited comments from the citizens attending. Si Sibell, former mayor, expressed his unhappiness that Third Street, like Second Street, had no curbs, lights, or a gutter and that this proposed development project did nothing to improve this equally important major street. He expressed his disappointment that nothing had been done to improve Third Street for several decades, and that he and his wife thought the committee should come up with similar proposals to those developed for Second Street. When no other citizens supported his views, the Sibells left the meeting.

Before introducing Hsin-yi Chou, Victor Kusmin, and their project advisor, Judith Bergquist, Davenport noted that their work was supported by a grant from Great Outdoors Colorado. Kusmin’s presentation started with an overview of the work they had done since their last presentation on April 29. They combined the best portions of their individual presentations for the three sections of Second Street and obtained cost estimates for the consolidated plan.

The first section is called the Village, between Highway 105 and Beacon Lite Road, and would consist of shops with close lot lines to the street and a high square footage density to create a village feeling, as in Idaho Springs or Colorado City. Architectural features like awnings and appropriately scaled signs would break up the linearity of the basic contemporary structures on the north side of the street. Expected businesses would be small shops and food vendors, and there would be a plaza with umbrella tables and chairs, evoking a farmers market. On the south side, there would an overlook for the viewscape of the Front Range with information kiosks, benches, and telescopes. Near Beacon Lite, there would be an artist plaza. Ten-foot sidewalks and parallel parking would be used to encourage foot traffic and bicycle traffic. Off-street parking behind the north buildings supplements the parallel parking in all three zones.

Kusmin also reprised his recommendation that the town adopt a mouse icon to playfully acknowledge the significance of mouse habitat on local development. This suggestion drew mixed response from the citizens attending.

The second zone, named Downtown, expands on current structures and streetscapes. The street lanes are narrowed to make the zone feel safer and more conducive to pedestrian traffic. Additional commercial buildings, a new Town Hall east of the park, and a theater are proposed. A Santa Fe Trail parking lot would be added in the open space east of the trail on the north side of Second Street, to increase parking. A bike lane on the north side of Second Street would invite bikers off the trail to businesses. There would be a 10-foot sidewalk on the north side and a 6-foot sidewalk on the south side. Town Hall would have a clock tower to provide a visual cue for every part of town and to attract traffic from I-25. The park would have a spray/play fountain like the one in Acacia Park and climbable funny mouse statues for kids.

The Lake Approach is the third zone, leading from I-25 across the railroad tracks to this desiccated mud hole. A median west of Front Street, 6-foot sidewalks, and landscaping would draw pedestrians to Monument Lake. A band shell would be added to Limbach Park in an amphitheater setting. Parallel parking would line the east and north boundaries for convenience.

Kusmin recommended black Victorian street lamps, benches, and drinking fountains with black tubular and wooden slat street furniture. The goal is for the pedestrian to want to sit, relax, and have a cool drink.

The installed cost for all this was estimated at about $5 million, with a 15 percent contingency for inflation and design costs—not including the amphitheater, Town Hall, or bike lanes and signs.

During public comment, Lori Wilson said she was concerned about the high expense for what is now a bedroom community, as well as the limited number of warm months for strolling. Snow removal would be harder with the complications of new curbs and increased street parking. Ron Wilson said he was concerned about overbuilding apartments and excessive vacancies, observing that more than $100,000 had to be spent before a stick was built for a commercial building. Davenport said that the town could reduce required on-property parking and acreage for water, and adjust downtown water and sewer tap fees to promote the renovation. Ron Wilson said that he and many others have been irreparably harmed financially by the mouse and didn’t think it was a playful symbol. The closure of the north exit between the Safeway and Conoco will hurt business more than people expect as well, making funding of the project more difficult.

Tommie Plank indicated that construction on Exit 161 had harmed a lot of downtown businesses and Monika Marky added that Second Street construction had hurt her business also. Davenport said that the town planned to add signs encouraging people to visit side street businesses, citing Old Colorado City and Castle Rock as examples where this technique had been successful for merchants. Davenport concluded by saying that the Comprehensive Plan Update would be discussed at the Planning Commission the next evening and the Parks, Trail, and Open Space plan should be completed early in the fall.

After a short break for further informal discussion, the committee considered street signs and poles for future installation. Consensus was to standardize signs using black lettering and borders on a white background and white steel poles, plus a finial on downtown signs.

To implement the plan, Davenport said the next steps are to verify and flesh out the draft costs that Kusmin had prepared, adding those for the rest of the plan, and present them to the Planning Commission. The commission would integrate their recommendations into the Comprehensive Plan Update and recommend them to the Board of Trustees. The goal is to define and encourage the future character of downtown through revision of current regulations and sound budgeting.

The meeting adjourned at 8:15 p.m. The next meeting is at Town Hall on Aug. 12 at 6:30 p.m.

Palmer Lake Town Council combined workshop and meeting

By Jim Kendrick and Judy Barnes

Trustee Susan Miner acted as Mayor Pro Tem in the absence of Mayor Nikki McDonald. Trustee Randy Jones was also absent.

Trustee Cindy Allen reported on the landscaping of the municipal buildings and library, noting that the money for tearing up sidewalks and planting trees was not taxpayer dollars. Funding came from conservation trust funds, lottery and gambling revenue, and donated labor and materials by Jeff Clibon of Oasis Landscape and Irrigation and Jim Eaton of James Concrete. The Blue Columbine Festival on June 14 was attended by hundreds of people. Allen thanked Master gardener Janet Riddle, who gave out 300 blue columbine plants that day. Allen also acknowledged High Country Feed and Garden for helping obtain the plants. She also thanked Les Kregar, who built and donated four "poop bag" dispensers for the Glen Park trails around Palmer Lake. The dispensers can hold grocery sacs, bread wrappers, or newspaper bags. People who use the trails are welcome to replenish the dispensers with reusable bags.

Trustee Chuck Cornell reported that the water treatment plant for the new Arapahoe well was progressing slowly, with an expected operational date in December. He also noted that the town is "out of priority," meaning someone downstream with senior water rights has placed a call, requiring Palmer Lake to release water downstream. Water Supervisor Steve Orcutt will start pumping water from the Denver well into Monument Creek rather than release water from the reservoir.

Bob Radosevich, Roads Supervisor, gave the roads report for Trustee Jones. He said the town’s FireWise wood chipping program is in full swing. The chipper crew made 79 calls, 58 in town and 21 for the Donald Wescott fire department. The town’s water truck was out of service, hampering efforts to flush culverts and apply magnesium chloride for dust control on roads. Miner asked if magnesium chloride could be spread on roads after a good rainfall. Radosevich replied that he plans to have that capability next year and is currently researching an affordable holding tank.

Trustee Eddie Kinney reported that June traffic tickets and police calls were down for the first half of the year. Monument’s Mayor Betty Konarski sent a thank-you note to Officer John Cameron for his assistance in parking control at the gala opening of the Tri-Lakes Views art show at the Tri-Lakes Center for the Arts. Kinney praised Cameron’s refusal to apply for or accept overtime pay for this work.

Miner thanked all the 10,000-12,000 people who attended the July 4th fireworks, noting that only three trash bags were required to clean up. Allen noted that Kaye Book of Salon 105 was especially helpful in preserving children’s safety with all the traffic and in finding "lost parents."

Trustee Scott Russell reported that the Palmer Lake Volunteer Fire Department had 17 calls in June and 93 calls for the first half of the year; 24 calls were for Palmer Lake and the other 69 were to provide mutual aid for other fire districts. Three firefighters completed upgrade training courses–one to Fire Fighter 1 and two to Fire Fighter 2 levels. The fire department received a grant for $1,100 from the Tri-Lakes Women’s Club; it will be used to purchase equipment for fighting wildfires. Miner pointed out that Tri-Lakes district firefighters were present at the July 4 fireworks display but didn’t attend the safety meeting for that event. She questioned the liability issue in view of their not having attended this meeting. Russell said that next year if firefighters don’t attend the safety meeting, they shouldn’t be allowed at the fireworks.

Russell then noted that the inclusion agreement with Woodmoor-Monument Fire Protection District was still with the attorneys, and copies would be available at the town offices when it’s done. He reviewed why the fireboard rejected being a separate district after a year of study; Miner concurred, saying the Gallagher Amendment made it impossible to get enough funding.

Palmer Lake Volunteer Fire Department (PLVFD) Chief Greg Lokken said he needed more merger information, then agreed to a two-week period, after receipt of the agreement, to inform all his volunteers. Miner proposed a roundtable working session with all the participants from both fire districts, saying that the atmosphere has to be one of facilitating "coming together" between the Palmer Lake council and the PLVFD firefighters and between the two merging districts. The session will be a public meeting; questions, comments, and concerns are welcome. Firefighter Larry Stromer asked that the attorneys be present at the working session to answer firefighter questions. EMT Annie Brown voiced concern about underrepresentation on the proposed five-member combined fire district board and the possibility of no Palmer Lake member after the election. She was concerned that there might be a subsequent combined district board decision to close the Palmer Lake station with no recourse. Miner told Brown that no one has proposed shutting down the station and that if the negotiated merger agreement is not in the town’s best interest, the town can still say no. Miner stated that fire department members and Palmer Lake citizens need to organize a sufficient turnout at subsequent elections to ensure that Palmer Lake has adequate representation on the proposed combined fire protection district board.

Kinney raised the issue of the dirt pile on Jim Fitzgerald’s property on General Palmer Drive off Highway 105. At the June council meeting, Kinney voiced concern about dust from the pile and suggested giving Fitzgerald 30 days’ notice to move the pile, which has been there since excavation for the buildings in 1999. Fitzgerald addressed the trustees about his effort to have the speed limit lowered on Highway 105 from 50 to 35-40 mph, so he will not have to build an acceleration/deceleration lane. Miner concurred that speeding on the highway is a continuing problem, having witnessed three rollover accidents in front of her highway property. Fitzgerald noted he has been saving the dirt to build the turn lane if CDOT requires it, and he doesn’t want to just throw away so much valuable material. Miner recommended a town council workshop to resolve the issue.

Mickey Campbell gave an update on the hazard mitigation project. Prompted by the flood in Palmer Lake in 1999, Campbell applied for and received a federal grant, approved in April 2003. Campbell asked the council to help get things moving through federal agency departments, which have delayed disbursements of the funds, thereby delaying the project. The study must be completed before the town can apply for flood mitigation construction project grants.

New business licenses were approved unanimously for Alan Bockhaus of GIS consultants at 732 Hillview Road and Mark Ennis of Access Construction Company at 780 Highway 105.

Rodermund’s day care: A conditional use for child daycare in a residence in an R-3 zone and a new business license was approved, with conditions for Sherry Rodermund after an extended discussion. Neighbors Dave Austin and Wendy Determan spoke against the proposal. Planning Commissioner Gary Coleman reviewed the circumstances of the planning commission’s conditional recommendation.

The conditions for approval of this residential day care at 459 Virginia Ave. are:

Austin stated that a business should not be permitted in a residential area. He noted that people speeding on Virginia Avenue, particularly by those driving the wrong way, has been a serious problem for the entire 12 years he has lived here. Miner observed that speeding is a problem everywhere in Palmer Lake.

Cornell and Kinney observed that a business might not be appropriate in a residential area. Miner said that a family with six children could just as easily have occupied Rodermund’s property. Austin countered that they would eventually grow up and be less noisy. Miner noted that as they age they present different potential problems for neighbors. Town Clerk Della Gins said that state regulations and controls are far stronger than anything the town could apply and that there are a number of illegal day care centers in the neighborhood and other parts of Palmer Lake that call themselves babysitters. (Note: During the planning commission deliberations on Rodermund’s application in June, Determan acknowledged that she had run an illegal day care operation.)

Rodermund spoke again to ensure her desire to comply and to say that the state can shut her down with a single no-notice visit. Austin rebutted that the town should not just rubber-stamp this application. The council approved her variance and license 3-1 subject to compliance with all the conditions listed above. Cornell voted no. Rodermund then asked that the name of the business on the application be changed to The Wee-Treat.

The meeting adjourned at 9:38 p.m.

Donald Wescott FPD board meeting July 9

The Board of Directors for the Donald Wescott Fire Protection District (DWFPD) met on July 9. Director Joe Potter was absent. Major issues included presentation and discussion of the inclusion ballot issue for some Black Forest residents (to be voted on Nov. 4) and receipt of a clean audit report in conjunction with a half-year finance report. The board went into executive session to discuss a letter to the Tri-Lakes district regarding inclusion of some lots in Black Forest. There were no public comments

The treasurer’s report showed the district had done very well in saving money to be able to cover salary and benefits for two new full-time hires and to upgrade the brush truck. Debt has been refinanced at a lower interest rate, with the first payment due next year. Terry Rupert and Christiana Ronconi of Hanson and Company presented a very positive, discrepancy-free audit report.

Board President Bill Lowes then observed that the approved mill levy increase, payable in early 2004, from 1.94 to 7.00 mills will further solidify Westcott’s financial base. This is important as Wescott moves forward with its inclusion election, announced in February and approved in district court on July 3. The election is for northeast county residents—a 16-square-mile area in Black Forest, east of Highway 83 between Hodgen and County Line Roads—who currently do not belong to any fire district. If the residents of this area vote to be included by DWFPD on Nov. 4, they would provide approximately $110,000 in additional taxes to the district. These two revenue increases would enable Wescott to build a new fire station east of its current Gleneagle station, to ensure coverage within five miles for all residents proposed for inclusion—a critical factor in lowering insurance rates for property owners in the district.

Some affected Black Forest residents petitioned for inclusion in the Tri-Lakes Fire Protection District (TLFPD), rather than Wescott, in mid-June. These residents have indicated they petitioned TLFPD because they believed the Roller Coaster station would be built sooner than the new Westcott station and they preferred having Tri-Lakes EMT services rather than commercial services from American Medical Response (AMR), which services the DWFPD. Chief Bill Sheldon observed that such action would create a patchwork of interlocking districts in the election area that would only slow dispatching due to mistakes and time lost. With the completion of 630 legal election notices, Sheldon said Westcott needs to complete what it started regardless of TLFPD’s actions. A motion was unanimously approved to proceed with the election and to deliver a letter to the TLFPD the next morning protesting their plan to accept the petitions.

A unified policies and procedures manual to include overtime and also include separate differently colored pages for distinctive volunteer firefighter instructions is being developed. After the attorney reviews the proposed manual, it will be distributed as the primary directive for all personnel, effective Jan. 1. Discussion of a mission statement was deferred to the next board meeting on Aug. 16.

The meeting adjourned at 8:45 p.m.

Tri-Lakes FPD board meetings July 10 and 17

Web Site Exclusive: View photo of protest by DWFPD

Web Site Exclusive: View photos of CPR mannequins and Lifepak 500 AED

The Tri-Lakes Fire Protection District held two meetings during July: A special meeting July 10 on the inclusion of 14 parcels in Black Forest held by nine owners and a regular monthly meeting July 17.

Donald Wescott Fire Protection District board member Brian Ritz spoke against the inclusion of the parcels into the Tri-Lakes district and delivered a letter citing specific objections.

The letter noted that the Wescott district, "has, for almost thirty years, provided and continues to provide fire protection and emergency medical service to the area proposed for inclusion…on a comparable basis to any such service which can be provided by Tri-Lakes Fire Protection District."

One basis for objecting cited in the letter was that the petitions had been submitted subsequent to the February 2003 proposal by the Wescott board to seek an inclusion election for the 16-square-mile area that encompasses the petitioners’ properties. Another objection was that approval of the petitions would create a "patchwork effect" complicating dispatching of fire or emergency medical services.

Despite the objections, the Tri-Lakes district board unanimously voted to approve the inclusions. The board then adjourned.

Following the meeting, Charlie Pocock, president of the Tri-Lakes board, noted that the petitions were accepted because they were filed with the Tri-Lakes district prior to the July 3 ruling by the judge setting the date of Nov. 4 for the election on inclusion of the area into the Wescott district. Pocock said, "My loyalty is to the people who need fire protection services and come to us for it." He later added, "We couldn’t turn them down. We must keep faith with the citizens."

The Wescott letter raised the possibility that if the inclusion election succeeds, the petitioners would be subject to double taxation. Pocock responded, "You cannot legally be taxed by two districts for the same service."

As background on some of the issues between the two departments, Ron Thompson assistant chief and Emergency Medical Services (EMS) coordinator, said that when a 1993 election was held to include the area east of Highway 83 in the Tri-Lakes district, people from the Wescott district campaigned against it. The proposed inclusion was defeated.

Tri-Lakes district director and treasurer John Hildebrandt added that the Wescott district opposed the Tri-Lakes district’s proposal to expand Station 2 at Roller Coaster Road and Highway 105. Pocock noted that the El Paso County Board of County Commissioners’ denial of the Station 2 proposal "cost us six months and $50,000 in legal fees and so forth. That would pay a paramedic’s salary for a year."

Hildebrandt reported that revenues through the end of June were $678,000. He noted that ambulance revenues were somewhat less than projected due to delays in billing and receiving payment. He said expenditures are running about 5 percent under budget.

Chief Robert Denboske reported that during June, the district responded to 105 calls, bringing the total for the year to 546. The full year projection is for 1,007.

He noted that over a five-hour period on July 3, the district responded to 16 calls, including traffic accidents, a vehicle fire, and several medical calls. He said the rest of the Independence Day weekend was relatively quiet. There were no fireworks-related calls.

The chief reported that lightning on July 15 started a fire in the Mt. Herman area. Tri-Lakes district personnel assisted the U.S. Forest Service. The burned area was limited, and the fire was extinguished on July 16.

He said department staff built portable hose racks worth about $1,600 for a cost of $140 in materials.

Denboske reported it would cost $10,000 to $12,000 to make needed repairs to the 1969 La France fire engine. He said it is obsolete and not usable, even for training. The board agreed to offer it for sale.

Thompson said the district received a $1,000 grant from the El Paso County Emergency Services Agency to purchase four sets of CPR mannequins. They will enable the district to resume teaching CPR classes to the public within a month or so.

Thompson thanked the Tri-Lakes Women’s Club for their $2,700 grant to purchase ice and cold-water rescue equipment. He said the equipment is on order.

He also reported that the district received a Life Pack 500 AED portable defibrillator from the American Heart Association and the EMS Division of Memorial Hospital. He noted that it is a biphasic unit worth about $3,000. He expressed appreciation to Bill Mayfield for help in obtaining the grant.

Thompson said state emergency medical services approved the full amount in the district’s grant request, covering half the $65,000 cost of biphasic defibrillators for each of the district’s three ambulances plus half the $3,500 cost for an additional computer and trip report software. He said, "We could not afford this without the grant."

He reported that Morgan Cudney and Shelly Moore have been certified as intermediate Emergency Medical Technicians (EMTs); Sam Hascek, Dustin Muth, Kristian Naslund, and Jake Villa have been certified as EMTs; and Jamie Courter, Lisa Frasca, Chris Riggs, and Jody Thorpe have been certified for inserting IVs.

Pocock noted, "The district has received at least 50 inquiries as to when station 2 [at Roller Coaster Road and Highway 105] will be expanded. They are upset with the county commissioners."

To measure the sentiment in the community, Pocock said the following petition would be circulated:

"Petition For Approval Of Manned Fire Station At Roller Coaster Road And Highway 105 TriLakes Fire Protection District

TO: Commissioners Williams, Huffman and Bensberg:

The undersigned are citizens served by the TriLakes Fire Protection District in northern El Paso County. We are very concerned about your vote to deny the TriLakes Fire Protection District’s request for subdivision exemption. Your disapproval prevents improvements from being added to the District’s Roller Coaster Road/Highway 105 fire station that would substantially decrease the response time for medical and fire emergencies in our neighborhoods. The ability to respond quickly to a fire or medical emergency is critical in our rapidly growing area. The District has the funds to upgrade this facility immediately if you approve the subdivision exemption. To deny the fire district the right to upgrade its fire station, which has been at this location for over 20 years, places our lives and property in jeopardy. Requiring a full subdivision approval for this existing fire station site will unnecessarily delay upgrading this facility until this winter at the earliest, and require expenditure of District funds (that would otherwise be available for protecting the public safety) to be spent with little, if any, public benefit. We strongly urge you to reconsider your denial and approve the request submitted by the TriLakes Fire Protection District."

As OCN went to press, volunteers had reportedly gathered more than 3,000 petition signatures. Pocock said signatures will be gathered through the end of July and then presented to the county commissioners.

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The Tri-Lakes Fire Protection District board normally meets at 7 p.m. on the third Thursday of each month at the district firehouse, 18650 Highway 105 (near the bowling alley). The next meeting is scheduled for Aug. 21.For more information, call Chief Denboske at 481-2312.

Past issues of OCN have incorrectly identified the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA included provisions designed to encourage electronic transactions and also required new safeguards to protect the security and confidentiality of health information. The final regulation covers health plans, health care clearinghouses, and those health care providers who conduct certain financial and administrative transactions (e.g., enrollment, billing, and eligibility verification) electronically. Most health insurers, pharmacies, doctors and other health care providers were required to comply with these federal standards beginning April 14, 2003. Additional information is available at http://www.hhs.gov/ocr/hipaa.

The Woodmoor-Monument Fire Protection District Board met on Monday morning, July 28 at 8 a.m. to hear concerns about recent fire inspections of local merchants and to conduct its routine monthly business. John Dominowski, Steve Marks, and Suzanne D’Innocenzo presented to the board a list of concerns, supporting statements, and a list of signatures from 26 businesses. The board also reviewed a positive draft audit report by Mitch Downs from Osborn, Parsons, & Rosacker.

Board president Bob Browning gave a brief overview of his understanding of the concerns of local business owners. He noted that Dominowski had given him seven pages from six business owners on Friday, July 25. There were three straightforward statements and three more serious concerns, all of which he wanted to have investigated. He was particularly concerned about allegations of threats to close businesses. He has appointed board secretary Bob Harvey, a Colorado Springs firefighter, to go to each address to look at each situation and to talk directly to each of the six business owners. He agreed to have these visits done no later than August 18.

Browning then asked Dominowski to summarize his concerns. Dominowski said that many business owners "are in the fight of our lives" trying to find a way to stay safe and in business. "If Old Town owners have to meet current standards, then Old Town is shut down." He said he had added the signatures of over 20 businesses since giving Browning the first packet. He added that some other business owners were reluctant to voice official complaints. He emphatically said that none of these businesses has any problems with the firefighters, many of whom are considered heroes–their staff, or the board members.

Director Russ Broshous asked Dominowski if the inapplicability and expense of maintaining standards in historic buildings had been brought to the attention of the county and if these buildings qualify for grandfathering of some kind. Dominowski replied yes. Then he said that Petal Pushin’ moved from suite 4 to suite 13 and they were four months into the fire inspec