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Our Community News
Vol. 4 No. 1 - January 3, 2004

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Contents:

Tri-Lakes generosity sets a record

County commissioners approve TLFPD Station 2 and two other Tri-Lakes projects

Monument Board of Trustees special meeting on the 2004 budget Dec. 9

Monument Board of Trustees meeting Dec. 15

Monument Planning Commission recommends conditional approval of Lake of the Rockies plans

Monument Parks and Landscape Committee Dec. 8

Triview metro board meeting Dec. 10

Palmer Lake Town Council meeting Dec. 11

Palmer Lake Planning Commission hears proposal for child care center

Forest View Acres Water District approves inclusion of Rasberry Ridge

Donald Wescott FPD Board meeting Dec. 11

Tri-Lakes FPD Board meeting Dec. 18

Woodmoor-Monument FPD Board meeting Dec. 8

Lewis-Palmer School Board meeting Dec. 18

Letters to Our Community

Concerns about possible liquor store

Paintball owners respond

Lies

Letters from Law Enforcement: AARP driver safety course

High Country Highlights: Five bird feeders every yard should have

Between The Covers at the Covered Treasures Bookstore: Remodeling

Tri-Lakes celebrates Christmas

A Yule Log Hunt to remember

Cartlidge family wins Palmer Lake decoration contest grand prize

Spirit of Monument Awards

Reflections: Only with Her Permission

Light Pollution, Part 3: Its Costs

Special Events and Notices

Tri-Lakes Center for the Arts announces winter classes

Gleneagle Women’s Club news

Library Channel airs local program

Tri-Lakes Health and Wellness Fair

AARP Driver’s Safety course for seniors

Tri-Lakes Town Forum

Spoil Yourself Rotten in Monument

Make a resolution to volunteer in your community

the PDF file. This is a 6.9 Mbyte file and will take about 40 minutes to download at 28.8. To view and print the file, you will need to download and install the free Acrobat Reader Program.

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Tri-Lakes generosity sets a record

View a photo of fundraising at King Soopers

By Leon Tenney

The local Monument Hill Sertoma, Lewis-Palmer High School Serteen clubs, and other volunteers rang the Salvation Army bell during this Christmas season, collecting a record amount of money from our generous community. Each year, in cooperation with the local King Soopers and Safeway stores, these volunteers team up for bell ringing for the Salvation Army Red Kettle campaign. They start the weekend before Thanksgiving and end Christmas Eve. This year, they collected over $30,000—$4,400 more than last year. One hundred percent of the donations go to the Salvation Army.

Volunteers manned the bells at both stores from 11 a.m. to 6 p.m. on weekdays and 10 a.m. to 6 p.m. on weekends, totaling over 486 hours.

In addition to the bell ringers, others deserve recognition for their hard work: Eddie Kinney, who coordinated the campaign; Sam DeFelice and Mike Wicklund, who picked up the contributions each night; Stan Snyder, who coordinated bell ringers at King Soopers; Al Byers, who rang the bell the most, over 20 hours; and the store managers, Russ Nolotny for Safeway, and Kim Howell for King Soopers, and their staffs.

And thanks are due also to all the generous people in our community who year after year donate to this campaign to help the less fortunate.

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County commissioners approve TLFPD Station 2 and two other Tri-Lakes projects

View the site plan and photos of the BOCC hearing on Station 2

Web site exclusive: View the Walden Pines Preliminary Plan

Web site exclusive: View the Struthers Ranch Filing 1 Final Plat

By Jim Kendrick and John Heiser

On Dec. 11, the El Paso Count Board of County Commissioners (BOCC) approved three building projects in the Tri-Lakes region. Commissioner Jim Bensberg called for reconsideration of the June 19 BOCC decision to deny a subdivision exemption for an expanded Tri-Lakes Fire Protection District (TLFPD) Station 2. After adding a condition limiting residency at the station to a maximum of one year, the subdivision exemption was unanimously approved. Construction of the expanded station could start in February. In two other actions, the BOCC unanimously approved a preliminary plan for eight lots in the Walden Pines Subdivision (one-half mile east of Highway 83 and south of Walker Road) and a final plat for Struthers Ranch Subdivision Filing No. 1 (three-quarters of a mile south of Baptist Road on the east side of I-25).

TLFPD Station 2 - Subdivision Exemption Denial Reversed

Background

On Oct. 14, 1982, the BOCC approved a "use subject to special review" to allow an emergency facility on the 16,000-square-foot site and approved a subdivision exemption for an 1,800-square-foot storage garage. Conditions on those approvals required that "neither the parcel nor structures thereon shall be inhabited" and that "well water shall be utilized for fire-fighting purposes only and specifically not for domestic use."

On April 15, 2003, the El Paso County Planning Commission held a hearing on a proposal to expand Station 2 to a 6,576-square-foot, two-story manned fire station. By a vote of 5-4, the planning commission approved the location of the station and recommended approval of the associated subdivision exemption removing the conditions of the 1982 approval. The approval of location by the planning commission was a final action and was not forwarded to the BOCC. The recommendation for approval of the subdivision exemption was forwarded to the BOCC for final action.

On June 19, the BOCC held a hearing on the subdivision exemption request. The proposed design of Station 2 includes individual bedrooms with a common eating area and would be a semi-permanent residence for upgrading college student firefighters; it would also be an inexpensive way to provide continuous manning of the new facility. This kind of arrangement is common in Colorado mountain resort towns. Neighbors and commissioners expressed concerns at the June 19 hearing about pets, spouses, or children residing at the station for extended periods and about the storage of private vehicles on the one-third-acre lot. Concerns were also expressed that the site was too small for the proposed station and that the architectural style would not be compatible with the neighboring 2.5-acre residential lots. In a 3-2 decision, the BOCC rejected the subdivision exemption. Commissioners Bensberg, Jeri Howells, and Wayne Williams were opposed to the request. Williams is the commissioner for District 1 that includes the Tri-Lakes area. Commissioners Chuck Brown and Tom Huffman were in favor of the exemption.

At the Nov. 20 TLFPD board meeting, board president Charlie Pocock announced that TLFPD had torn down the existing Station 2 building. The board unanimously passed a resolution to build an expanded Station 2 with or without BOCC approval, under an emergency "public safety necessity" provision of Colorado Revised Statutes on independent fire districts, specifically C.R.S. 30-28-110 (1) (c).

On Dec. 8, the three other north end fire departments—Woodmoor/Monument Fire Protection District (W/MFPD), Donald Wescott Fire Protection District (DWFPD), and Palmer Lake Volunteer Fire Department (PLVFD)—submitted to the BOCC a joint letter of opposition to Station 2 signed by W/MFPD Board President Robert Browning, DWFPD Board President William Lowes, and Palmer Lake Mayor Nikki MacDonald. Some of the points in their letter were:

"We believe a station at Highway 105 and Roller Coaster Road as part of this area-wide infrastructure to be inherently inefficient, doing little more than compounding what is now overlapping, and therefore wasteful, fire service coverage in the area."

A $30,000 study by Emergency Services Education and Consulting Group stated that "area providers overall would have to operate five stations rather than four if the Roller Coaster Road site is used." The study called for the W/MFPD station on Woodmoor Drive to be replaced by a new station at Furrow Road and Highway 105 and said the old Roller Coaster station site should be abandoned.

"The funding and construction of the Roller Coaster Road station at this point in time will substantially increase the indebtedness of the Tri-Lakes District. Indebtedness is an important issue in merger discussions because we believe taxpayers do not want to pay for inefficient infrastructure."

"While we understand that the issue before you may be a narrowly-focused ‘land use’ decision, we continue to believe that the use of ‘land’ as a resource in this case is tied inextricably to the use of all public sector resources. In this light, we do not believe that the Tri-Lakes request should be approved."

Dec. 11 hearing

Bensberg requested the BOCC reconsider the Station 2 subdivision exemption. He cited resolution of questions about the arrangement for providing water to the site, significant district taxpayer support for the station evidenced by petitions collected by TLFPD, and a change in the neighbors’ position on the proposal.

County attorney Mike Lucas said that although this application had to be submitted as a new proposal, as a re-hearing the commissioners could narrowly focus their discussion and public comments to new facts only.

Mike Garrott, planner with the county planning department, reviewed the background of the project and noted that there were 2,600 signatures on petitions presented to the BOCC. Williams noted there was no paperwork showing that the county’s 300-year water availability requirement was satisfied and no health department review of the proposed vertical septic system. Garrott said there had not been sufficient time to perform a full subdivision exemption request, as the application was only received on Nov. 19, though he added that this is typical of many such applications. Huffman noted that the wrong plan drawings had been submitted. Garrott concluded his review by saying the planning department had no recommendation for or against the subdivision exemption.

Attorney Bruce Wright spoke on behalf of TLFPD. He noted that TLFPD had obtained an agreement with the Northgate Company and Great Divide Water Company, owners of the adjacent parcel to the north and associated deep aquifer well. He said the agreement guarantees that TLFPD can use the well to satisfy the county’s 300-year water availability requirement. He also noted that the adjacent landowners to the west of the site, who had vocally opposed the proposal, sold their property to the Brysons, who favor the subdivision exemption and are working with TLFPD on a landscaping buffer between the two properties. He added that the site would serve 1,800 residences, 4,000 residents, and would have responded to 25 percent of all the TLFPD calls during 2003.

Williams asked if the petition signatures had been verified. Wright said they had not, but there were more than enough to make the district’s case nonetheless, and those signers from outside TLFPD were probably within the mutual aid service area for the four north end districts.

Pocock presented maps of five-minute driving times from the various Tri-Lakes area fire stations to illustrate how Station 2 would improve response times to the eastern portion of the district. He said the maps represent six-minute response times assuming one minute from call to vehicles rolling. Williams asked if these times were "no traffic, no lights" times. Pocock said they were the average of nine different time-of-day and day–of-the-week test runs. Pocock said the goal with Station 2 is to provide 24/7 coverage near the largest need with a properly equipped station and trained people.

Pocock said that, thanks to their training program, the district has qualified personnel to staff the facility, but added, "We may have to hire one or two." He said the district has equipment for the station, although some of it might have to be upgraded.

Williams said, "Are you asking for people to live there as their regular residence? Pocock said the station did not have apartments; rather, it would be a dormitory. He said, "Anyone staying at the station is an active on-duty firefighter. There will be no pets, no cooking, no drinking, and no visitors past 9 p.m. as at our other fire station."

Williams responded, "There is a significant difference between fire stations where firefighters stay for a few days versus that being their residence in terms of impact on the surrounding neighbors."

There followed a discussion between Pocock and Williams as to how many hours of continuous occupation defines a permanent residence. Williams insisted that Pocock say whether or not there would be firefighters sleeping at the station who had no other permanent residence. Pocock said the intention was for people to stay at the station for at least a semester of college study, probably for at least one year, and up to two years. He added that he did not want the BOCC setting time limits on occupation. He said he opposed Williams’ suggestion of a 48-hour maximum residency at one time and denied he had agreed with Williams to a 48-hour restriction prior to the hearing.

Pocock noted that there are 37 Colorado districts having semester-to-semester residency programs for college student volunteer firefighters.

Williams then referred Pocock to a Dec. 10 letter to the BOCC from Della Gins, town clerk for Palmer Lake, which states in part:

"On the morning of Wednesday, December 10, 2003, I received a telephone call from Charlie Pocock in which he stated he had been given the unpleasant task by his board to inform Nikki that his board must receive a letter rescinding the letter of opposition to the building of a fire station (on Roller Coaster Road), dated December 8, 2003 along with the signed Ambulance Agreement by the close of business today.

"If the letter and the ambulance agreement were not received, at his board’s meeting Thursday of next week, action would be taken to revoke the ambulance agreement between them (TLFPD) and Palmer Lake."

"Did you make that threat that if they spoke out against the station, you would revoke their service?" Williams asked.

"No," Pocock said.

"So this is a lie?" Williams asked.

"The board was very upset at receiving that letter," Pocock responded. He added, "We have had an excellent relationship with Palmer Lake. We interpret this as meddling in our business. We didn’t object when they bought a new fire truck. The ambulance service contract is due to run out at the end of December, and they have not signed it. I didn’t say we were going to rescind it. I said we’re going to discuss it."

Pocock added that he and his board were not upset by W/MFPD and DWFPD signing the Dec. 8 letter of opposition, just by Palmer Lake. He said he questioned whether Palmer Lakes was still a friend of TLFPD.

Pocock added that ambulance response times are five to eight minutes longer from the main station and that Station 2 would eliminate the climb up Highway 105 in bad weather. He said noise complaints about the new station were irrational. The new station was needed and would be built because it is needed and the board has the money in the bank to proceed immediately, with or without BOCC approval.

Supporters

Ten Tri-Lakes area residents spoke in favor of the station, saying it would decrease response time for medical and fire equipment and personnel in the heavily forested area.

Bonnie Hildebrandt, wife of TLFPD board member John Hildebrandt, reported that people she knows who live on Roller Coaster Road are in favor of the project and have no objection to firefighters living there all the time. During her testimony, Hildebrandt did not identify her connection to the TLFPD board.

Forest Heights resident Keith Duncan said he was puzzled by the June disapproval saying, "It looks like public safety was not the number-one consideration."

Dustin Muth described the extreme fire hazard and inadequacy of fire protection in the eastern part of the Tri-Lakes area. Muth did not mention that he is a TLFPD firefighter.

Bent Tree resident and Walden developer Bill Dunston said, "I am surprised at the amount of politics in this fire business, the fighting over tax dollars. Those who oppose it have an ax to grind and are not looking at overall public benefit."

New neighbor Elizabeth Bryson said, "We need the station. A local insurance agent said it would reduce premiums 30 to 40 percent. Having the firefighters live there is not a factor. We lived near a station on Austin Bluffs and never saw any."

Neighbor Andy Reed expresses conditional support. He said it had been falsely reported in the press [not OCN] that he opposes the project and has sold his property. He said he had questioned the design of the building, its compatibility with the neighborhood, and how cramped it is on the site. He said, "This is literally in my backyard. Despite all that, I don’t oppose the construction of a fire station. I do have concerns about it being a permanent residence."

Elk Creek resident Brenda Eberhardt said, "Fire is a big issue. Medical response is very important to me. If students are willing to live there and be at my beck and call, God bless them."

Opponents

Lowes then spoke for the letter signers, saying the Roller Coaster location is inefficient, particularly since W/MFPD is in favor of moving its station to Furrow Road. Note that the Woodmoor Water and Sanitation district has recently offered to purchase the current W/MFPD station for vehicle storage and maintenance. Lowes pointed out that the five-minute travel time drawings had nothing to do with insurance ratings, which are based on five road-mile distances from a station. He noted that the location of Station 2 would not meet five-minute travel time to Elk Creek. He said a station to cover the area east of Highway 83 should be further east than Station 2.

DWFPD Chief Bill Sheldon supported Lowes’ observations on the five-mile insurance criterion. He said the five-minute response time concept is only a goal, not an insurance requirement, and that "five-minute" arguments confuse citizens and commissioners. Sheldon said the demolition of the old Station 2 put 21 Tri-Lakes subdivisions in the highest possible insurance cost rating, ISO-10. He added that in bad weather the Colorado Department of Transportation could order the closing of the gates on Highway 105 at Highway 83, making response from Station 2 difficult. He also recounted the role DWFPD played in creating water storage cisterns in un-included areas of Black Forest.

Williams agreed the Roller Coaster location was not ideal. He said that because fire districts are independent government entities, the only issues the BOCC could address with this particular proposal are land use issues and whether or not the new station was an appropriate use of the lot.

Rebuttal

Wright commended DWFPD on their efforts to encourage installation of cisterns to supply water for firefighting east of Highway 83. Regarding the Roller Coaster Road site, he said, "Nothing is perfect, but with this location there is only moderate overlapping of coverage and it fills a huge hole to the east." He said it is more important to provide six-minute response to a significant portion of the area now versus a marginally more optimal solution in a few years.

A Compromise Is Reached

Bensberg said, "Some of the earlier objections have been corrected. It is probably not the most perfect plan, but the overwhelming evidence supports it." With that, he moved approval. Brown seconded the motion.

Williams said, "I am convinced a little bit further east would be better. It is not appropriate to stick four college apartments in this area." He also complained of a lack of forthrightness in the negotiations regarding this proposal. He then made a motion to amend the approval to restrict maximum residency periods to 48 hours. His motion died for lack of a second.

At that point, the BOCC broke for lunch. During lunch, Williams, Pocock, Wright, and Lucas worked out a compromise condition that would limit residency at Station 2 to one year, with the BOCC retaining the right to place additional restrictions on the length of stay of fire rescue personnel if needed, to "preserve the residential quality of the neighborhood."

The subdivision exemption was then unanimously approved.

Walden Pines Subdivision Preliminary Plan

Land planner David Jones presented the plan for a seven-lot subdivision covering 8.9 acres within the Walden development, south of Walker Road, one-half mile east of Highway 83. Jones noted that the minimum lot size is .89 acres and the average is 1.2 acres. The area is zoned RR-1 (Rural Residential), which allows a minimum lot size of one-half acre. No one spoke against the project. The BOCC unanimously approved the project.

Struthers Ranch Filing 1 Final Plat

The final plat for Struthers Ranch Filing 1 consists of 69 single-family lots on 18.36 acres just east of I-25 and three-quarters of a mile south of Baptist Road. Barry Holmes, planner for the county planning department, said the final plat is consistent with, and contains one less lot than, the approved Struthers Ranch preliminary plan.

Representing the developer, Jones reported that the Preble’s Meadow Jumping Mouse habitat conservation plan required by the U.S. Fish and Wildlife Service for Struthers Ranch has been approved at the regional level.

Jones noted that Filing 1 is south of the drainage way that bisects the project. Access will be from the segment of Struthers that connects south to Northgate Road. Approval of Struthers Ranch development north of the drainage way is dependent on completion of Struthers Road/Jackson Creek Parkway north to Baptist Road. No one spoke against the project. The BOCC unanimously approved the final plat.

**********

Information on county land use rules and projects is available at www.elpasoco.com or by calling the planning department at 520-6300.

View photos of the BOCC hearing on Station 2

Web site exclusive: View the Walden Pines Preliminary Plan

Web site exclusive: View the Struthers Ranch Filing 1 Final Plat

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Monument Board of Trustees special meeting on the 2004 budget Dec. 9

By Jim Kendrick

The Monument Board of Trustees (BOT) held a special meeting, Dec. 9 at 6:30 p.m., to have a final discussion on unresolved budget issues and to then pass the 2004 budget and appropriation ordinances as well as a resolution setting the property tax rate. The meeting was timed to ensure that this mill levy was certified before the state deadline of Dec. 15. All six serving trustees were present; the other trustee position was vacant due to the resignation of Doug Warner.

The 2004 budget has much higher expenditures than revenues. Expenses in the appropriation ordinance total $6,545,350, while revenues are only expected to be $4,325,209. The end-of-year general fund balance is forecast to be $215,037, down from a starting balance for 2004 of $490,141. The water fund will start the year at $3,645,562 and drop to $1,417,841 at year’s end. The community development fund balance is forecast to be $0 by the end of 2004, down from a starting balance of $35,020. Debt service is $255,623. The conservation trust fund balance will start the year at $7,954 and drop to $0 by Dec. 31. The traffic impact fee fund will start at $62,053 and also drop to $0. The cemetery fund will start at $17,161 and likewise drops to $0. The BOT contingency fund will increase $5,000 to $40,000. The town is using the Modified Accrual Basis of accounting for the FY2004 budget.

BOT "Wish List" and Budget Message for Fiscal Year 2004

The 2004 budget "wish list" items are:

Replacement of Town Hall

I-25 corridor beautification

Addition of a code enforcement officer

Incentives for code compliance

A new police substation in Jackson Creek

Important features of the 2004 budget:

Upgrade two outdated PCs, purchase water meter reader, and evaluate and purchase new utility billing/service request software.

Provide funding for town entrance signs from the general and community development funds.

Address public safety concerns by adding one police officer and incorporating pay increases in order to retain staff. Additionally, outfit all staff, including the chief, with uniforms and weapons, upgrade radar units, and purchase an additional patrol car and two tasers.

Construct Second Street sidewalk from Beacon Lite Road east to Highway 105.

Construct improved Public Works building.

Address traffic safety concerns by repairing the intersection of Second and Front Streets, extending the curb at Second and Washington Streets, and finishing the bike lane.

Improve snow removal capability with the purchase of a snowplow sander unit.

Complete Water Master Plan and Bulk Distribution System that were initiated in 2003.

Construct new Arapahoe aquifer well.

Purchase emergency generators.

Complete Monument Dam mitigation work.

Construct new flumes at Bristle Cone Reservoir.

Research renewable water alternatives.

Begin process for storm drainage improvements.

Improve personnel relations by subscribing to Mountain States Employers Council.

Add a pickup truck for Parks and Cemetery, to improve productivity.

Reassess the town’s traffic impact fees.

Implement the Comprehensive Land Use Master Plan.

Public Comment

Because there were several citizens in attendance, Mayor Betty Konarski opened the floor to public comments first. Local Attorney Tim Schutz commented on some general concerns he had while reviewing the fourth draft of the 2004 budget.

Schutz first questioned how the 2002 end-of-year general fund balance of $246,152 became a 2003 beginning general fund balance of $390,621. Treasurer Judy Skrzypek said the difference was the 2002 end-of-year cash balance of the town’s water fund, which was $144,469 but listed as a debit, or ($144,469). She said the audit in June required the town to keep the cash in the general fund for interest purposes. The listing in parentheses shows that the general fund owes that cash amount to the separate water fund. There was no change in the amount in the water fund throughout 2003, and the budget also shows ($144,469) as the 2003 end-of-year water fund balance. She then noted that there was no transfer of funds from the water fund to the general fund in 2003 to show why the end-of-year amount was unchanged.

Schutz then questioned the addition of capital outlays into the water fund balance. He said one cannot sell a road improvement or a town well, so he did not see how it could be considered a liquid asset like a building or a truck. He said that when illiquid water system assets were not counted, the available cash in the water fund is only about $115,000, which is dangerously low during a drought. He said the amount of cash reserves spent in 2003 was excessive as the water fund deficit for 2003 was $1,803,607, reducing the end-of-year balance from $2,281,287 in 2002 to only $477,680 in 2003. Skrzypek said that generally accepted accounting practice (GAAP) procedures have to be applied based on the June 2003 audit. She noted that although the water system would not be sold, it would have an assessed value if the town was annexed by the city, for example, and this value must be documented then updated and depreciated annually. She said the water fund was worth approximately $1.6 million plus another $500,000 in the general fund under GAAP.

Schutz next questioned the magnitude of the town’s capital projects for 2004, particularly when a large fraction of 2003 projects could not be completed as planned. In the Capital Outlay Supplemental Schedule, the supplemental Arapahoe Aquifer Well—from 2003—was listed as $839,939 but actually will cost over $1.2 million. It was agreed that another line item in this supplemental schedule, titled "New Well" for $400,000, accounted for the increased additional cost of this well to be spent in 2004 and was simply labeled incompletely. This $400,000 is needed to increase the size of the well and add a separate on-site water treatment facility. The first estimate assumed water from the new well would be piped to another well’s on-site treatment facility.

Schutz questioned how the franchise tax for the water fund could jump from $11,500 in 2002 to $148,500 in 2004. Other franchise fees for Mountain View Electric, Aquila Gas, US West, and Adelphia showed only very slight increases from 2002 through 2004. Schutz said while the water franchise jump may be legal, such a large increase should be explained, as should the reason why more money is taken out of the water fund than added. Schutz then noted that water fund expenses doubled, from $130,603 in 2002 to $260,091 in 2004, but the number of personnel did not double. Skrzypek said that the BOT had arbitrarily chosen 12 percent for the franchise fee rate, which caused part of the rise. A change was made in accounting procedure where portions of the salaries of supervisory and administrative workers are distributed across various town functions. Thirty percent of the salaries for Town Manager Rick Sonnenburg, Public Works Supervisor Tom Wall, Town Engineer Tony Hurst, Finance Assistant Mary Russelavage, and Skrzypek are now being charged to the water fund. Furthermore, one additional water technician position was created, adding roughly $50,000 in salary and benefits to water fund expenses.

Schutz said there had been insufficient public notification on the town’s intergovernmental agreement (IGA) with Triview Metropolitan District for operating and maintaining Triview’s water system for $162,300. He asked why the town would want to take on this work for Triview and how much Donala had been charging Triview. Donala Water and Sanitation District has been operating and maintaining the Triview system.

Glenda Smith asked what the $300,000 for board contingencies would be spent on. Konarski responded that the town was digging itself out of a hole and had considered less contingency funds. She added that the board would have to be careful throughout the year when approving projects, with a close eye on how much overruns are affecting the contingency fund. Schutz said the actual figure in the budget is $241,512.

There was no other public comment, and Konarski closed the public hearing.

Discussion of Budget Issues

Limbach Park Expansion: Trustee George Brown asked if there was a line item for Limbach Park land purchase. Sonnenburg said no because the land to expand Limbach and create additional parking would not be paid for until the first quarter of 2005.

Curb Extensions on Second Street: Trustee Dave Mertz asked if there was a line item for curbs and gutters. The budget calls for $4,500 for curbs and gutter construction of curb extension on Second and Washington Streets. Konarski said there has been no groundswell to do parts of Second Street curbing early, so all curb and gutter improvements—including extended pedestrian-friendly corner peninsulas—will be made when the overall downtown improvement plan is initiated.

The curb extension on the northeast corner of Second and Washington and relocation of the stop sign there had been proposed as a solution to a line-of-sight problem addressed to the BOT by Monument resident Fred Jackson. Jackson said westbound Second Street motorists could not see the stop sign in its current location at the Washington Street intersection due to parked cars. However, the town’s traffic engineering consultant, SEH Inc., said the stop sign’s current location meets minimum traffic engineering standards. The Historic Monument Merchants Association also recommended adding curb extensions and moving the stop signs, as well as making the intersection a four-way stop. Cost is $4,500 per corner extension, which includes pedestrian ramps and flow-through drainage.

Water Saving Incentives: Wall said that water users had cut back on outside water use voluntarily due to the drought, but not enough to cause insufficient water revenue. Wall’s savings proposal calls for two water-saving incentives that use the same dollar amounts as currently offered by Colorado Springs Utilities: $125 for installing an "ultra-low use washing machine" that has an energy star label noting 50 percent savings in water and electricity and $75 for installing a "low-volume" flushing toilet (1.6 gallons per flush). Wall estimated a rebate cost of $15,000 for 2004 and $96,250 overall, to be taken from the water contingency fund.

IGA with Triview Metropolitan District for Street Sweeping: A $9,000 increase was proposed in this replacement for the expiring two-year-old IGA. The new IGA calls for Triview to pay $1,118 per sweeping event or $2,236 per month at its discretion. A sweeping event is specified as 19 hours of sweeping. The contract calls for 24 sweeping events, two per month, for $26,832. Special requests cost $48 per hour. Smith said there were 47 sweepings in Jackson Creek, but only five in Monument’s Old Town, and she felt the new IGA was unacceptable because of unequal service to Old Town under the previous IGA, regardless of the fact that Triview actually pays the lease. Wall said the IGA pays for the street sweeper annual lease of $22,500 through 2005 and that he has not the manpower to also sweep Old Town. Konarski agreed the IGA was needed and felt strongly that this Old Town sweeping issue should be handled separately at a later BOT meeting and should not hold up passage of the budget.

IGA with Triview for Operating Triview’s Water System: Smith asked if Triview or the town would purchase water treatment chemicals; Wall said Triview would. Smith asked whether contract renewal would be automatic; Wall said Triview will review the situation at the end of 2004 to determine whether or not to continue outsourcing operations and maintenance or switch to an in-house operation.

Triview manager Ron Simpson stated at the Nov. 19 Triview board meeting that Donala had asked for $50,000 more in 2004 than the IGA calls for. A new department with completely separate personnel (two people) is described in the budget. Wall said Donala’s fee was actually $240,000, which caused some trustees to question how the town could perform the IGA for only $162,300. Wall said Triview is growing faster than Gleneagle so it must pay an ever-increasing percentage of Donala’s overhead, which is much higher than the town’s overhead. Town Attorney Gary Shupp answered Smith’s question about a Triview default by saying that a failure to pay Monument was a breach of contract, which would absolve the town of its obligation to continue operations.

Mill levy: The actual mill levy needed to provide the revenue called for in the 2004 budget dropped slightly, from 6.469 mills to 6.454 mills.

The votes: The 2004 budget and the 2004 appropriation ordinances passed 5-1; Smith voted no, primarily because of the street sweeping inequity issue. The mill levy certification resolution setting the 2004 property tax passed unanimously.

The meeting adjourned at 7:45 p.m. The next BOT meeting is Jan. 5 at 6:30 p.m. in Town Hall.

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Monument Board of Trustees meeting Dec. 15

By Jim Kendrick

The public hearings on the Comprehensive Land Use Master Plan and the Comprehensive Update to Subdivision and Zoning Ordinance, scheduled for the Dec. 15 Monument Board of Trustees (BOT) meeting, were deferred again due to the illness of Town Planner Mike Davenport and the request by Trustee Frank Orten, who was absent. Trustee George Brown was also absent. However, David Mertz, a recently appointed trustee and former Monument Planning Commission chairman, said "this is the last time" he would agree to deferments of these two items because they had been approved by the Planning Commission after months of effort and forwarded to the BOT while he was still serving as commission chairman. Four trustees were present.

Synthes Replat

The board unanimously approved the preliminary and final plat (replat) of Monument Industrial Park Phase 1 (Synthes) at 1101 Synthes Avenue. The replat combines lots 2 through 8 into a single lot; the completed plant expansion crosses the lots’ boundaries. The replat realigns easements for the new large lot (portions of the old easements are now under the expanded building).

However, in order to "allow" the two taps previously approved by the BOT for the expanded plant depicted in the replat, Public Works Supervisor Tom Wall recommended an amendment to regulation 13.08.030, Service Line Regulations, which restricts the number of permitted water taps after replat to one per lot. The amendment would allow town approval of "a looped water line serving a single undivided parcel" and states that "commercial development with multiple utility connections on a single lot under single ownership may retain those connections." It was approved unanimously.

Halepaska Contract Renewed

The annual contract with the town’s water consultant, Halepaska and Associates, was unanimously renewed for 2004. Hourly rates for all classes of service will remain the same as they were for 2003.

Humane Society Contract Renewed

The annual contract with Pikes Peak Humane Society was also unanimously renewed for 2004. There was no fee increase, and the service level is unchanged. The fee is $6,900.

Regional Building Department Fee Schedule

Regional Building asks all member government entities to formally adopt their permit fee schedule whenever Regional Building revises the schedule. Monument has been a party to the Intergovernmental Agreement since 1985. The average increase in fees for the new 2004 schedule is 5.8 percent, based on the anticipated number of inspections. Increases are calculated to cover the rising costs of conducting the various kinds of inspections. Fees are based on the effort expended on a per permit basis. Mayor Betty Konarski asked Town Manager Rick Sonnenburg what the difference was between Table B, "Permit Fees for New R-3 Occupancies," and Table C, "Electrical, Mechanical, and Plumbing Permit Fees"; Sonnenburg said he would find out. The fee schedule was approved unanimously, with a request for a follow-up explanation to Konarski by staff.

November Financial Report

Town Treasurer Judy Skrzypek reported that the county had provided the town a check for $133,500. The check is for cost-sharing reimbursement of the $200,000 mitigation expense incurred by the town for contractor services performed on Preble’s Meadow jumping mouse habitat at Monument Lake. Trustee Glenda Smith asked Wall if this was the final mouse mitigation payment from the county. He said there would be another payment for some plantings still to be completed in the spring, which would produce another small cost-sharing reimbursement. Smith asked which account would receive the $133,500; Sonnenburg said the water contingency fund. Skrzypek then said it would in fact be listed as a negative capital outlay for the water fund, as shown in "Capital Outlay–Water" of the monthly financial statement. This financial report was approved unanimously.

Skrzypek noted that overall sales tax revenue for 2003 is currently about $8,000 behind the expected amount. She added that it is too early to tell what the actual impact of the new I-25 exit configuration has been on the nine businesses along Highway 105. Tentative figures for October show a drop in sales tax revenue that is not markedly different than the drop from September to October in 2002. There is a two-month lag in the state reporting sales tax revenue to Monument, and she said she would need a full quarter of data to be able to show a valid trend. Mertz asked Skrzypek if she had gotten more definitive revenue data on these nine businesses from Lee Kilbourn of the Monument Economic Development Council (EDC). The town had authorized a working agreement between her and Kilbourn in November because he might be able to get the revenue trend data from the business owners more promptly, before the 2004 budget and mill levy certification had to be approved. Skrzypek said she had received "nothing yet" from Kilbourn. Mertz asked if she could draw a conclusion about the possible effects of a revenue shortfall from these businesses on her 2004 budget figures. She said no, but she had added cushion in the new budget to protect against a potentially serious revenue downturn.

Disbursements over $5,000

A payment of $133,414.69 ($129,191.64 for paving and $4,223.05 for water line repairs) to Schmidt Construction Co. was recommended by Town Engineer Tony Hurst. Town engineering consultant GMS recommended payment of $51,757.22 to Aquatic & Wetland Co. for mouse mitigation earthwork and excavation in Dirty Woman Creek Park and the north shore of Monument Lake. Both payments were approved unanimously without discussion.

Adjustment to Employee Salary Range Structure

Sonnenburg proposed dividing the 3 percent salary increase previously approved by the BOT. An across-the-board cost-of-living allowance raise was recommended to be 1.9 percent, with the remaining 1.1 percent allocated to the merit pool. He also recommended increasing the bottom and top of all salary ranges by 1.9 percent. Then he calculated additional 2.5, 5.0, and 7.5 percent raises for the three police salary ranges as previously approved by the BOT. Separate motions for the raises all passed unanimously.

There were no committee or staff reports.

Town Manager’s Report

Wall has submitted the town’s application for Tree City USA to the state office in Woodland Park. The town’s water consultant has completed the Substitute Water Supply Plan that will be submitted to the state engineer’s Office. The Pikes Peak Area Council of Government appointed Rob MacDonald its transportation planner, replacing Fred VanAntwerp, who is stepping down.

Safeway and the Colorado Department of Transportation (CDOT) reached agreement on the traffic light construction at the Safeway entrance on Highway 105. Safeway has renewed the performance bond for the light for another six months, beginning Dec. 16. Safeway will pay up to $100,000 to CDOT. CDOT estimates total cost of approximately $200,000, of which installation costs $116,151. Construction will begin in March.

Konarski announced the winners of the 2003 Spirit of Monument awards: town employees Tamara Rosario, Rick Tudor, and Rob Stuart (see related article). Konarski also announced that Police Advisory Committee member George Case has volunteered to fill the vacant trustee position created by the resignation of Doug Warner. No other volunteers were announced, and the issue will be discussed at the next meeting.

Konarski asked Wall if filling Monument Lake would increase the likelihood of West Nile virus, and thus require additional expense to minimize mosquito breeding. Wall said that although the town would have to buy its own insecticide materials, a full lake is far less likely to generate a mosquito or West Nile virus problem than a near-empty one.

Sonnenburg noted that a number of citizens had raised questions that would require traffic studies to answer. Since no studies were included in the 2004 budget, they would have to be paid for out of the contingency fund. Sonnenburg recommended that citizens present their questions to the BOT so it could decide if a traffic study should be initiated and funded. The board directed Sonnenburg to first attempt to satisfy citizen queries himself, but bring citizens’ questions to the BOT if the solution would require expenditure of funds. An example requiring BOT approval for spending money would be doing traffic studies to determine if stop signs are in fact required at a number of town intersections as has already been requested by some citizens.

Konarski then asked for the board’s views on supporting a request for a triathlon using Monument Lake for the swimming phase. U.S. Fish and Wildlife has restricted activity in the lake to fishing and rowboating only, specifically prohibiting swimming. Konarski thought the value of promoting such an event warranted seeking at least a temporary, if not permanent, waiver on this restriction. Police Chief Joe Kissell added that the police department has not staffed previous similar events, such as bike races. He said it should be the responsibility of the event organizers to obtain and pay for traffic and crowd control. Mertz noted that a number of potholes would have to be fixed for a cycling or running event. Konarski said the town should support the triathlon as a national event.

The meeting adjourned at 7:45 p.m. The next meeting will be held at Town Hall on Jan. 5 at 6:30 p.m.

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Monument Planning Commission recommends conditional approval of Lake of the Rockies plans

Web site exclusive: View a photo of the hearing on the Lakes of the Rockies PD Master Plan Amendment

By John Heiser

Revised plans for the Lake of the Rockies dominated the agenda at the Monument Planning Commission meeting Dec. 10. In other matters, the Chick and a Windshield mobile business plan was unanimously recommended for approval, and copies of the draft Parks and Trails and Open Space Master Plan were distributed. Commissioner Kathy Spence was absent. The Academy View Preliminary Plan and Regency Park 4th Amendment related to the Academy View project were continued at the request of the applicant.

Lake of the Rockies PD Master Plan Amendment

Bob Mooney, chair of the planning commission, recused himself and sat in the audience during this item. He lives near the southeast corner of the site. Commissioner Lowell Morgan presided. Timothy Nelson and Lindsey Bottoms of Manhard Consulting appeared on behalf of Ernie Biggs’ Gulf Coast Resorts, owner of the Lake of the Rockies Retreat and Camp Resort.

Mike Davenport, town planner and assistant town manager, noted that the Monument Board of Trustees approved the present planned development (PD) master plan in May 1993. He said, "Several areas of the property were developed differently than the approved plan. This amendment is to revise the plan to reflect what actually has been developed on the site."

The site consists of 66 acres, of which 48.6 acres are used. There are 364 RV sites and 25 tent sites.

Nelson said, "We are not proposing any new campground beyond what is there today. The RV storage where it is now is where we would like it to be." He noted that the eminent domain agreement with the town for lake access disconnected 2.2 acres from the rest of the property. A sketch plan for that property was submitted separately as Lakeside Manor Estates, discussed later in the meeting. Nelson said, "The biggest change is the location of 14 cabins on approximately one acre. This is considerably less than what [Ernie] is allowed to build by ordinance."

Some of the issues with the project were:

The number of RV sites in the southeast corner: Davenport noted that this number increased from 29 in the 1993 plan to 36 in the 2003 plan. Nelson characterized the southeast corner as a primitive, unimproved campground without water or power. Neighbor Kristi Schutz said, "The neighbors are concerned that there not be a high density of RVs. The electric generators get loud in the evenings." Mooney added that the density next to the proposed Lakeside Manor Estates is being decreased. He said the increase in density to the southeast appears to be "punishing people to the south." Nelson replied, "I think the applicant is very amenable to moving some of the RV sites to a central location."

People residing in RVs: Nelson said, "There is only one permanent residence and that is the caretaker’s residence." Commissioner Ed DeLaney asked, "Then how can 10 to 12 people vote in an election and list their addresses as the Lake of the Rockies?" Schutz added, "There are 8 to 10 permanent residents coming and going." Nelson replied, "That is not in conformance with the approved plan." Davenport said, "In the present ordinances, we have no basis for prohibiting someone living in a motor home."

Width of the unimproved roadway on the south side: Morgan asked, "Why not stick to the original plan with a one-lane road?" Nelson said, "I can’t agree to it being a one-way street. This is a glorified parking lot, not a public road. We are willing to restrict the width but not the direction." He later suggested the width be restricted to 16 feet.

Drainage onto properties to the south: Mooney said, "The drainage runs across my lot. The berm funnels all the drainage from the entrance south." He said the water is sometimes one to one-and-a-half feet deep and runs 30 feet into his property. He stated, "According to county drainage standards, you can’t adversely affect adjacent properties." Noting that the new plan involves changes from the 1993 plan, Davenport suggested a condition requiring a preliminary drainage report for the project so the town’s engineers could evaluate the impact. Nelson said, "I don’t agree with that being a fair requirement." He suggested the drainage study be limited to the problem areas.

The project was unanimously recommended for approval with conditions limiting the number of RV sites in the southeast corner to the number in the approved 1993 plan, precluding permanent residents other than the caretaker, limiting the road on the south side to 16 feet wide, and directing the applicant’s engineers to work with the town’s engineers to determine how extensive a drainage study needs to be prior to a hearing before the board of trustees. Morgan said, "We need to make this thing minimal impact to people who live there now."

Schutz added, "The lake is a public entity. The town needs to make sure people know it is open to the public and not private."

Lakeside Manor Estates Sketch Plan

Davenport summarized Gulf Coast Resort’s proposal for six single-family lots on 2.2 acres east of Monument Lake. He said the minimum lot size is 9,814 square feet, with an average lot size of 10,587 square feet, yielding a net density of 4.1 dwelling units per acre. The gross density including the road right-of-way is 2.6 dwelling units per acre.

Davenport said the purpose of the sketch plan is to elicit reactions to the proposed land use. Approval of a preliminary plan and site plan would be required prior to proceeding with the project. Nelson added that a significant financial investment is required to meet preliminary plan requirements.

Nelson said there are problems with the connection between the lake access road and the design of the six-lot subdivision. He said, "We will likely need some land swapping [with the town] to make this work." He objected to the condition to increase the road right-of-way to 60 feet saying, "The town’s traffic consultant said 40 feet would be okay." Davenport added that 50-foot right-of-way is allowed in steep areas and that the town had approved an eight-lot subdivision with a 40-foot right-of-way posted for no on-street parking and with an additional off-street parking requirement. He said a 50-foot right-of-way would allow on-street parking.

Davenport noted that residential land use is a conditional use in the Planned Commercial District (PCD) zone. He suggested that prior to the preliminary plan hearing, the regulation could be changed to allow residential as a permitted use in that zone district.

Davenport noted that the site has potential issues with the floodplain and Preble’s Meadow Jumping Mouse habitat. He said both those issues would need to be resolved at the preliminary plan stage.

Although no members of the public spoke regarding the proposal, written comments were submitted supporting and opposing the plan. William Gust suggested the land be donated to, or purchased by, the town. He wrote, "The town is already residentially overdeveloped." Richard and Leah Squires wrote, "The Town of Monument has just spent millions of dollars to repair the Monument Lake dam and is planning open space around the lake for public use. We do not think that high density housing is a compatible use for adjacent lake land." They also expressed concern that the proposed 30-foot structure height would block lake views from adjacent residences. Lela Nemmers, Harley Jergensen, and Bob Mooney indicated they had no objection to the project.

DeLaney’s motion to recommend approval of the sketch plan passed unanimously.

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The Monument Planning Commission meets on the second Wednesday of each month at Monument Town Hall, 166 2nd Street. The next meeting will be Jan. 14, 6:30 p.m. For additional information, contact Mike Davenport at 481-2954.

Web site exclusive: View a photo of the hearing on the Lakes of the Rockies PD Master Plan Amendment

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Monument Parks and Landscape Committee Dec. 8

By Jim Kendrick

The Monument Parks and Landscape (P&L) Committee held a regular meeting at 6:30 p.m. on Dec. 9 at Town Hall. Committee members Monika Marky and Toni Martin were unable to attend. Because Ed DeLaney recently resigned from the committee to fill the Planning Commission vacancy created by David Mertz—and no volunteer has filled the committee’s empty fifth position—there was not a quorum; only Chairman John Savage and member Linda Pankratz were present.

Lack of Quorum Does Not Delay Hearings

All the scheduled agenda items were discussed with Town Planner Mike Davenport. The items will be on the agenda again for the next P&L meeting. If there is not a quorum at that meeting, the committee’s comments from Dec. 8 will be passed along, without a vote, by Davenport at the next Planning Commission (PC) meeting on Jan. 14 and Monument Board of Trustees (BOT) meeting on Jan. 18. According to a BOT policy passed a year ago, the absence of a quorum at any of the town’s advisory committee meetings for two consecutive regular meetings will not delay a BOT hearing. This policy has been used with two other citizen advisory committees: The Public Works Committee, which has been dormant for six months, and the Police Advisory Committee, which has not had a quorum at its last two regular meetings, both of which were canceled.

Chick and a Windshield Mobile Business

This vehicle-only business application is the first to be evaluated under the new regulations concerning businesses operating in a parking area. No landscape plan or landscaping is required of Chick and a Windshield. The landscaping for the final PD site plan for the new Safeway Market Place fueling center on Highway 105 was attached to the mobile business proposal, for information only. Savage and Pankratz recommended approval of the plan, saying that the zoning change request should be added to the package and that a letter from U.S. Fish and Wildlife Service should be attached to show that the project has been reviewed for possible effects on Preble’s Meadow Jumping Mouse habitat.

Amendment to 1993 Lake of the Rockies PD Master Plan

The purpose of this amendment is to show the areas that have been built since the plan’s initial approval eight years ago. The planning staff recommended approval of the amendment. However, the plan drawing by Manhard Consulting, Inc., for Ernie Biggs’ Gulf Coast Resorts, needs to be corrected so pedestrian and trail routes with connection points are identified, the name and address of the property owner are added, the plan’s name is corrected to Master PD Site Plan and business title added, and the actual site conditions are added. The BOT will require a public land dedication or cash in lieu at the final plat hearing.

Lakeside Manor Estates Sketch Plan

The sketch plan drawing depicts a six single-family unit, 2.2-acre subdivision on the east side of Monument Lake. Again, the drawing by Manhard Consulting, Inc., for Ernie Biggs’ Gulf Coast Resorts, needs to be corrected so pedestrian and trail routes with connection points are identified, the name and address of the property owner are added, the topography curves at 10-foot intervals are added, and the wooded areas are depicted on or within 100 feet of the subdivision. The BOT will require a public land dedication or cash in lieu at the final plat hearing. Staff noted that the detail on site characteristics depicted was insufficient for the preliminary plan, the next step of the approval process. It was also noted that part of the subdivision project lies within a floodplain, which will require review by the Flood Plain Administrator’s office of the Pikes Peak Regional Building Department.

Second Street Tree Grant Application

The 24-page application requests a state matching grant for trees along Second Street, between Beacon Lite Road and the new Monument entry sign to be built on the southeast corner of Highway 105 and Second Street. The three-year maintenance plan for the trees was also reviewed. Up to $3,000 has been requested from Colorado State Forest Service and the Colorado Tree Coalition.

I-25 Entry Signs

Committee members reviewed the Sept. 4, 2003, concept drawing for the Tri-Lakes destination signs to be constructed next to the new Highway 105 bridge spanning I-25. The town is providing $11,000 of capital improvement funds and $20,000 of community development funds, which is being matched by $10,000 from the Tri-Lakes Chamber of Commerce.

The meeting adjourned at 7:15 p.m. The next meeting is at Town Hall on Jan. 13 at 6:30 p.m.

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Triview metro board meeting Dec. 10

View a photo of the Triview metro board meeting Dec. 10

Web site exclusive: View the results for grading for Jackson Creek Parkway

By John Heiser

At its regular meeting Dec. 10, in addition to a variety of other topics, the Triview Metropolitan District board of directors discussed expansion of the Waste Water Treatment Facility (WWTF) with Dana Duthie, manager of the Donala Water and Sanitation District. The WWTF is jointly owned by the Triview district, the Donala district that serves Gleneagle, and the Forest Lakes Metropolitan District that currently does not have any users. The board also unanimously approved a revised 2003 budget, a 2004 budget, and set the district mill levy at 25 mills. Director Martha Gurnick was absent due to illness.

Monument Marketplace

Rick Blevins of Marketplace developer Vision Development, Inc., was absent. At last month’s board meeting, Blevins reported that design consultant CLC Associates was reworking the drawings for water, reuse water, and sewer utilities to reduce construction costs. Initial bids for that work came in about $600,000 over budget. Simpson said he expected the new bid to be $200,000 lower.

Dale Hill, Triview district administrator, reported that bids for the revised design are due the week of Dec. 15. Hill also reported that Vision Development received a letter of intent from Wells Fargo bank to occupy a pad next to Jackson Creek Parkway.

District engineer Chuck Ritter of Nolte and Associates added that construction of the gravity sewer to serve the site is awaiting acquisition of easements through condemnation proceedings.

New Wells

Ritter reported good results from the new well A4 in the Arapahoe aquifer and the new well D7 in the Denver aquifer. He said the quality of water from A4 is a bit better than other Arapahoe wells but will still need some treatment. He said the production from D7 is greater than expected.

Wal-Mart

Ron Simpson, Triview district manager, said he is continuing to work to resolve Preble’s Meadow Jumping Mouse habitat issues on the Wal-Mart site. He said a response from the Department of the Interior’s solicitor is due the week of Dec. 15. He added, "I expect that won’t be the end of it."

Simpson has been looking at properties that could be used as part of habitat conservation plans (HCP) to satisfy the U.S. Fish and Wildlife Service (FWS) requirements for the Wal-Mart site, the expansion of Baptist Road, and the extension of Jackson Creek Parkway. He said, "Everybody wants to have habitat for all three items tied up by the end of the year."

WWTF expansion

Ritter reported that the WWTF expansion group is interested in site visits to comparable plants that use the proposed new process called Sequencing Batch Reaction (SBR). Duthie said, "Although it is not a new process to Colorado, it is not widely used here." Simpson later said, "If SBR doesn’t work, we will have a real site problem, sending [the cost] to the moon."

Duthie said a financial commitment is needed from Triview to avoid building too small a plant that would have to be expanded again later. Director Steve Stephenson asked, "What form of commitment do you expect from this board?" Simpson interjected, "Dana needs to see ‘Show me the money’."

Duthie said, "The [intergovernmental agreement (IGA)] says not only show but deposit it." He said $7 million would be needed in an escrow account to cover construction costs.

Peter Susemihl, attorney for the Triview district, said, "The intent is by the end of 2004 to come up with a firm financing plan to show we are ready to proceed with construction."

Simpson added, "We are looking at two other financing sources. We will have a way to finance our $4 million share." Triview’s share of the $7 million construction cost is 65 percent.

Duthie said, "Here we are willing to fund your expansion with our taxpayers’ dollars." Simpson replied, "You will get a $13,000 check to cover our share of the design done so far." Stephenson said, "We have a project here we need to embrace. We need to be comfortable with where we are on design. During the design, we can pursue sources of funds."

2003 Budget

An adjustment to the 2003 total budget to reflect actual income and expenditures was unanimously approved. The adjusted 2003 budget was set at $1,650,143, including $75,000 in design and constructions for the extension of Jackson Creek Parkway and $72,000 for landscaping along Leather Chaps.

Monument to Replace Donala for Triview Operation and Maintenance

As reported in last month’s OCN, an intergovernmental agreement with the Town of Monument has been approved whereby the town will provide operation and maintenance of the Triview district’s water and wastewater systems at an annual cost of $162,500, and Donala will be paid $22,000 as part of the one-month transition of the work to the town.

Simpson said, "[Monument] wants to start Jan. 1, we pay Donala through March, and bring Monument on March 1."

Regarding OCN’s coverage, Duthie said, "It was a surprise to me and three of our board members to read that we are being fired and getting $22,000." He added that the IGA calls for six months’ termination notification, but then said, "You are not hurting our feelings. There are a lot of issues that need to be addressed. Operationally, I have some concerns about it. Monument does not have the sophistication, especially on automation. Tom [Wall] can run your plant for you definitely in January, February, and March. The issues come in April, May, and June when the new wells need to be working."

Stephenson asked Duthie, "Will you change staff size?" Duthie replied, "We are looking at that. If so, we will do it by attrition."

2004 Budget and Mill Levy

After a few adjustments were made to the $1.7 million preliminary budget (detailed in last month’s OCN), the 2004 budget was adopted and the mill levy was set at 25 mills, unchanged from last year.

The board then went into executive session to confer with Susemihl regarding the condemnation proceedings being used to obtain utility and road easements needed to serve the Marketplace/Home Depot site.

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The Triview Metropolitan District board of directors normally meets on the fourth Wednesday of each month, 4:30 p.m., at the district offices, 174 N. Washington St. The next meeting will be Jan. 28. For further information, contact the Triview Metropolitan District at 488-6868.

View a photo of the Triview metro board meeting Dec. 10

Web site exclusive: View the results for grading for Jackson Creek Parkway

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Palmer Lake Town Council meeting Dec. 11

By Jim Kendrick

At its monthly meeting, the Palmer Lake Town Council announced it was considering an emergency option for 2004 that would have town medical and ambulance emergency service provided by Woodmoor/Monument Fire Protection District (W/MFPD) and Donald Wescott Fire Protection District (DWFPD) respectively, due to a sudden threat of cancellation of these services by Tri-Lakes Fire Protection District (TLFPD) on Dec. 10. The council also unanimously approved the budget and appropriation resolutions for 2004. The meeting was held on Dec. 11, two weeks earlier than usual, so the town could certify its mill levy before the state deadline of Dec. 15. Trustees Randy Jones and Eddie Kinney were excused. About 20 citizens and two representatives of W/MFPD attended.

New Business License

Bathsheba (Candy) Smith’s application was unanimously approved for her new portrait and wedding photography business to be operated at 84 Highway 105 in Unit A. Normal business hours for Candy’s Photography will be 9 a.m. to 5 p.m., with appointments at the studio or in clients’ homes. There were no objections, and the council welcomed her new business to the community.

Committee Reports

Trustee Cindy Allen reported that no expenses are expected for parks until March.

Trustee Chuck Cornell reported that the water system’s backwash tank installation is on schedule for full operation at the end of February. While the reservoir is down a little bit, water service looks good overall, with usage at 150,000 to 160,000 gallons per day.

Larry Gaddis, town attorney, reported for Trustee Eddie Kinney that the Intergovernmental Agreement with Monument for police mutual aid was ready for approval. It passed unanimously.

Trustee Susan Miner reported the renewal of the town’s contract with Pikes Peak Humane Society and said that 32 animals had been picked up this year, up 20 percent from 2002. She added, "The state may take over control of vicious animals."

Palmer Lake Volunteer Fire Department (PLVFD) Chief Greg Lokken reported that there were nine fire calls, three for mutual aid, in November and that their fund-raising and star-lighting dinner on Nov. 29 raised about $2,000 for maintenance of the town’s Christmas star on Sundance Mountain. Two new volunteers from the community joined the department. Later in the meeting, Lokken was presented with a "big big" plaque by Palmer Lake Mayor Nikki MacDonald to commemorate his five years of service as chief. Julie Lokken was approved unanimously as the new chief. She will take over in January.

Miner announced the town is seeking nominations for its Spirit of Christmas decoration contest, where the deciding factor is spirit rather than the number of lights or cost of the decorations. The winner will receive "Palmer Lake dollars," redeemable at town businesses.

TLFPD Cancellation Threat

Background: In a joint letter to the Board of County Commissioners (BOCC) dated Dec. 8, MacDonald, signing for PLVPD, and the board presidents of W/MFPD and DWFPD objected to the location of the new TLFPD Station 2 at Roller Coaster Road and Highway 105. The letter also objected to the negative effect of the large debt load being incurred to build the station on the merger negotiations with the other three districts. The letter says that although the county was considering Station 2 as solely a zoning issue at the Dec. 11 re-hearing, the BOCC should also consider that the station’s location would seriously reduce the potential effectiveness of north-end county fire protection east of Highway 83. The letter also asserts that BOCC approval would effectively eliminate the likelihood of a merger by all four fire districts because of Tri-Lake’s dramatically increased debt.

PLVFD has been engaged in merger discussions with W/MFPD. DWFPD will join those discussions in 2004.

Town Clerk Della Gins reported that TLFPD Board Chairman Charlie Pocock notified her by phone on Dec. 10 that the TLFPD contract for emergency medical and ambulance service with the town would not be renewed for 2004 unless MacDonald immediately renounced her letter to the BOCC opposing the new fire station.

The BOCC held its second hearing on Station 2 on Dec. 11. At that time, Commissioner Wayne Williams passed out copies of a letter from Gins, dated Dec. 10, noting that Pocock had said on Dec. 10 "that his board must receive a letter rescinding the letter of opposition to the building of a station (on Roller Coaster Road), dated December 8, 2003, along with the signed ambulance agreement by the close of business today." MacDonald did not change her position. At the re-hearing, the subdivision exemption was unanimously approved. (See the related article on the BOCC hearing.)

Discussion: Miner reported that she and Cornell are on the Joint Working Group with W/MFPD board members Tom Conroy and Russ Broshous. Miner said the location of Station 2 was ill-advised and redundant, as shown by the recommendations of the $30,000 joint study by Emergency Services Education and Consulting Group. She added that this station would be very expensive. With PLVPD debt on its new fire truck, the town could not afford to take on even a portion of Tri-Lakes’ debt load. By comparison, W/MFPD expects to be debt-free by April, and DWFPD debt will be $108,000 after its main station is expanded in 2004. Miner noted that the town was given less than eight hours to respond to Pocock’s demands, so they turned to W/MFPD, which immediately offered to provide emergency medical services for Palmer Lake. DWFPD offered to provide ambulance service from AMR. Conroy said that both districts were happy to support the town and looked forward to further merger discussions. Miner and Conroy said the action by TLFPD was very disappointing and reiterated that town residents are safe despite the TLFPD action.

Paintball

Gary Atkins was scheduled to give a presentation against Fusion Extreme Gaming’s leased paintball facility, but was too ill to attend the meeting.

Personnel Manual

The new town personnel manual, complete with all revisions recommended at previous town council meetings, was approved unanimously and will go into effect Jan. 1.

2004 Budget

Ordinances 7 and 8—the 2004 budget and the appropriation of funds to execute it—were unanimously approved. Gins noted that the appropriation was for the maximum amount of money, but not all of it has to be spent if savings can be made.

Items Not on the Agenda:

Miner noted that she got an unexpected bill for a Highway 105 signage study that was supposed to be free.

Allen asked that the railroad remove the portable toilets left behind at the Highway 105 crossing now that repairs are completed at that portion of the track. Gins noted that railroad repairs had disturbed a spring by Palmer Lake and that the railroad said it would redirect the water back toward the lake.

Marshall Dale Smith noted that his department’s sign needs to be changed to "Police Department," which the board approved unanimously. Miner jokingly expressed regret at the name change, saying she had never heard the phrase "marshal brutality" used. The council approved continued use of the title "Marshall Dale" by the town’s children despite the name change.

Public Comments

Jeannine Engel made an impassioned plea to the trustees to reject the application for a liquor store at 78 Highway 105. She said a liquor store would negate the wholesome family-friendly atmosphere created by her ice cream shop and country store and all the other restaurants and shops along the Highway 105 near the ball fields and town gazebo. She said a liquor store would be out of place and a potential hazard to pedestrians, who make up the bulk of shoppers and visitors to that part of the town.

Trudy Finan asked about the status of the gazebo’s repair. Miner noted that the baluster spindles have to be replaced and would need to be turned by hand. Gins said the historical society had to approve the spindle, handrail leg, and landscaping designs. Finan also asked that the town use both of the Palmer Lake Post Office bulletin boards for public hearing and water announcements, to enhance citizen notification.

The meeting adjourned at 7:59 p.m. The next meeting is on Jan. 22 at 7 p.m.

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Palmer Lake Planning Commission hears proposal for child care center

By Judy Barnes

Dec. 10 workshop

The chief issue before the Planning Commission was a request for a conditional use permit in an R3 (residential) zone for the properties at 90 Pie Corner and 40 Columbine. Becky Albright and Jess and Maria Smith propose to start Precious Jewels Center for Child and Family Development. Child care would be provided in the Smith’s home at 90 Pie Corner, one block from Palmer Lake Elementary School. The Center for Family Development, which will be located nearby at 40 Columbine, would provide educational and support services and resources for families. Prenatal and birth classes, child development and parenting workshops, parent-child relationship enhancement opportunities, family therapy, and counseling could be available there.

The child care center could open in March or April, depending on state licensure and town approval of the conditional use permit. The anticipated opening date of the Center for Family Development is late 2005. In the interim, more rooms would be added to the house. In a letter to the neighbors, Albright and the Smiths stated they plan to put in a tall privacy fence along the north edge of the properties to cut down on the noise and visuals of the playground and parking lot. Hours of operation would be 7 a.m. to 6 p.m. Monday through Friday. Since Pie Corner is already a thoroughfare for school traffic, the additional traffic would be minimal. The lot next to 40 Columbine would serve as parking, so clients would not have to park on the street. The letter also addressed neighbors’ property values, predicting that they would be unaffected due to the proximity to other businesses and to a school, and noting that convenient child care could be a plus, perhaps even increasing property values.

Neighbors respond

Carl Goodwin, who lives on Upper Glenway, and Dave Cartlidge, who lives on Columbine, wrote letters to the town objecting to the proposed conditional use. Both expressed concerns about increased traffic and resulting safety issues and about decreasing property values. Goodwin was also concerned about noise from the child care center and the possibility of dysfunctional adults attending the Center for Family Development. He considered the proposed privacy fence to be a "blight" that would block the [neighbors’] view and estimated that property values could be reduced 20 to 30 percent. Other neighbors, including Planning Commissioner Denise Hammond, addressed the commission to voice their concerns.

Dec. 17 Meeting

Chairman John Cressman informed Hammond that she must sit in the audience during discussion of the proposed child care center. Albright addressed the commissioners, stating that she and the Smiths were not requesting a vote at this time, so the matter was tabled until the next workshop and meeting on Jan. 14 and 21. Albright noted that she had met with a representative from the licensure department who evaluated the building and found it appropriate for child care use. A maximum of four to five infants, five toddlers, five to six toddler-preschoolers (ages two-and-a-half to five years), and 12 before- and after-school students would be allowed. Albright said she will meet with the Hammonds at their home "to get their vantage point." She and the Smiths invited neighbors to meetings to help with decisions that would affect them. The meetings will take place at 90 Pie Corner on Jan. 8 at 7 p.m. and Jan. 10 at 10 a.m. In addition, Albright was trying to locate an existing noise study of child care centers she had heard about.

Goodwin addressed the commissioners, saying, "I don’t want to listen to 15 crying kids. I don’t want my property value to decrease…. Why don’t you just leave it residential and make everybody happy?"

Other business

Cressman noted that anyone wishing to speak with the town attorney must first get approval from Tara Berreth in the town office. She will get that person’s billing information, as a bill will be sent for the attorney’s time. This is true for trustees as well as citizens.

The commissioners unanimously recommended approval to the Town Council of a request by Kathy Allen for a sign permit at 19 Highway 105 and a request by William Johnson to vacate the common lot line utility easement between lots 3 and 4, creating one lot for a single-family home, at Block 2 of Lakeview Heights Subdivision.

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Forest View Acres Water District approves inclusion of Rasberry Ridge

By Jim Kendrick

On Dec. 29, the Forest View Acres Water District (FVAWD) board of directors unanimously approved the inclusion of the Raspberry Ridge Subdivision at an 8:30 p.m. meeting in the Palmer Lake Town Hall. The subdivision is south of Highway 105 and contiguous with Palmer Lake. All board members were present, as were representatives of the landowners. Six citizens attended. There were neither speakers in opposition nor written objections submitted.

The district accepted inclusion of the 66-acre subdivision owned by Raspberry Ridge Investments, RLLLP (RRI) and 4.5 acres owned by Gary and Prudence Nevins. The landowners all petitioned for inclusion to meet the 100 percent requirement of state law (Colorado Revised Statute 32-1-401). The 4.5-acre parcel is under option for purchase by Raspberry Ridge Investments. Some terms of the inclusion agreement are:

All water distribution infrastructure—including mains, fire hydrants, and valves—is paid for by RRI. FVAWD will review and approve all plans prior to construction and receive a one-year construction warranty.

New water mains will be loop-connected to at least two points.

RRI will pay for trenching, backfill, and repaving. FVAWD will install the transmission pipes, including labor and material.

RRI will pay $150,000 within 30 days of plat approval by the El Paso Board of County Commissioners, rather than pay individual home tap fees of $10,000 per lot.

The maximum number of home taps is 24.

FVAWD receives all existing water rights, surface or groundwater, associated with the included land for all Denver Basin groundwater.

FVAWD is reimbursed by RRI for all associated administrative, engineering, and legal fees.

FVAWD is indemnified from any third-party legal claims arising from this inclusion.

FVAWD is provided easements at no cost for all new infrastructure that is not installed in dedicated public streets. RRI must cover all costs of eminent domain acquisition of easements, if they are required.

Discussion: Board President Tom Guenther reviewed all the rules and procedures required by the state and the district. He said the benefit for the district was the ability to use the water rights being transferred by the landowners to drill a second Dawson aquifer well. This will reduce district dependence on its 1,800-foot-deep Arapahoe aquifer well. Compared to Dawson aquifer wells, water from the district’s Arapahoe aquifer well is more expensive to pump and requires treatment to reduce the much higher concentrations of iron and manganese. The one-time RRI payment of $150,000, coupled with $10,000 of state design grant money, will enable the district to repair damage to the current Dawson well, which is only producing about 25 gallons per minute, and begin drilling the second Dawson well, which should produce about 200 gallons per minute.

Treasurer Pat Burkhart noted that the district is grandfathered against having to provide augmentation water to offset a portion of the Dawson water used. This grandfathering right to groundwater was awarded to the district by the water court in Pueblo on May 16, 2003.

RRI’s advantage in the inclusion is connection to a central water system to satisfy county water availability requirements and the guarantee of fire hydrants, a major selling point for the lots. All FVAWD residents benefit from a more reliable and plentiful source of treated water (an additional 800 acre-feet per year), a more robust infrastructure through loop connections, and better chlorine and pressure regulation.

Vice President Kevin Lonergan emphasized the value of having RRI perform the trenching for the new transmission line in steep rough terrain along a ridge line that would cost the district about $200,000 if done separately. He said this new transmission line benefits the entire district, not just RRI’s subdivision.

Upon closing the public hearing, the board unanimously approved inclusion of the Raspberry Ridge subdivision.

The meeting adjourned at 9:15 p.m.

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The next FVAWD board meeting is Jan. 14 at 7 p.m. in Palmer Lake Town Hall.

Additional information is available at the Forest View Acres Water District Web site www.fvawd.org.

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Donald Wescott FPD Board meeting Dec. 11

By Jim Kendrick

The Donald Wescott Fire Protection District (DWFPD) Board unanimously approved a final draft of its new Policy and Procedures Manual, covering full-time and volunteer firefighters, at its final meeting for 2003 at 7 p.m. Dec. 11. The board also unanimously approved its much larger budget for 2004 and the appropriation to execute it. The board certified its mill levy at 7 mills, meeting the state’s Dec. 15 certification deadline (which is why the meeting was held a week earlier than normal). Treasurer Dennis Feltz was excused.

Personnel Manual Draft

Chief Bill Sheldon announced a final policy decision regarding overtime that will be incorporated in the final draft of the district’s new policy and procedures manual. Five volunteer firefighters have the same certification credentials as those required of the district’s full-time firefighters. These five volunteers will receive the same overtime pay as full-time employees, $15 an hour, effective Jan. 1. Vacation policy is unchanged and will continue to be granted on a first-come, first-served basis to full-time personnel first, then to volunteers. The district will purchase five sets of personal bunker gear for the volunteers for their overtime shifts. DWFPD attorney Peter Obernesser will make the final review of the manual and then forward the text to the printer.

Sheldon noted, and the board concurred, that this manual will evolve as it is refined by insights gained during practical operational e