Contents:

the PDF file. This is a 8.6 Mbyte file and will take about 50 minutes to download at 28.8. To view and print the file, you will need to download and install the free Acrobat Reader Program.

Wal-Mart holds stealth "community meeting" March 2

View photos of the Wal-Mart Community Meeting March 2

CLC Associates, consultants to Wal-Mart, held an open house-style meeting at Lewis-Palmer Middle School from 6 to 7:30 p.m. on March 2. County Planning Division Director Carl Schueler said the meeting came at the "strong recommendation" of county planning to Wal-Mart and their consultants that they communicate their plans for the store, proposed for the south side of Baptist Road directly opposite the King Soopers shopping center. In a notice sent to adjacent Chaparral Hills landowners, CLC termed it "a community meeting," but adjacent landowners were the only ones notified. Wal-Mart and their consultants apparently made no attempt to notify anyone else who might use Baptist Road as their primary access route to work or shopping.

The Coalition of Tri-Lakes Communities learned of the open house on March 1 and notified some of its members, which greatly increased the number of citizens presenting their views to CLC and Schueler, who also attended. About 40 citizens attended the open house, roughly one-third from Chaparral Hills. Schueler expressed disappointment to OCN that the notification of the meeting had been so extremely limited.

No formal presentations were given. CLC president Steve Wilson and several of his engineering staff answered questions from those who attended the open house.

Schueler said Wal-Mart has asked for a continuance beyond the scheduled County Planning Commission hearing date of March 23. Schueler said the planning commission hearing for Wal-Mart would be a separate meeting with no other agenda items and would be held on the fourth Tuesday of the month, one week after the regular monthly planning commission session. The current tentative date for the Wal-Mart hearing is Tuesday, April 27. Schueler said he anticipates a difficult hearing due to the tightly compressed site plan and strong opposition to the proposal from area residents.

One of the major issues with the project is zoning. The parcel was zoned R-4 about 20 years ago. That zoning is now obsolete, but the commercial form of it 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." Schueler has said the required zone for a Wal-Mart supercenter is Planned Business Center (PBC). PBC is the most intense commercial zone in the 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 zoning 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). Wal-Mart has said its 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, but is a regional center requiring PBC zoning as stated by Schueler.

Wilson said an agreement has been reached with U.S. Department of the Interior Fish and Wildlife Service (FWS) regarding the amount of mitigation that is required for Preble’s meadow jumping mouse habitat conservation. He said Wal-Mart will buy alternative habitat elsewhere to offset the habitat its construction will destroy, though no CLC staff member knew who would receive or maintain this new habitat. When Wilson was asked by OCN where the offsetting habitat would be located, Schueler advised Wilson that he did not have to answer the question. Wilson then walked away and did not answer anymore questions.

About 10 drawings for the site plan, landscaping, parking, lighting, utilities, grading contours, and Baptist Road widening were displayed, along with an overhead photo of the neighborhoods surrounding the Wal-Mart site and detailed sketches of the four supercenter building elevations.

The proposed main building is 196,028 square feet inside (about three times the size of the Home Depot building now under construction) and 203,007 square feet overall. The external features of the proposed building have been changed to color cinder blocks providing more variety than the traditional flat Wal-Mart façade. A new garden center façade is proposed, to include 15-foot-tall plant racks. A new pharmacy drive-through window is planned.

Façade walls raise the parapet roof height to a minimum of 7 feet 4 inches above the actual roofline, to screen HVAC machinery from ground-level view. The machinery would be 12 to 18 inches below the top edge of the façade walls. This will provide little screening for many neighboring homes, as pointed out to CLC by neighboring resident Dale Turner. Masonry screening is proposed for all similar ground-level exterior HVAC equipment.

The tire and lube express facility would have six bays, with two tall center garage doors to handle RVs and large trucks. The proposed garden center and lube facilities face Baptist Road. The design includes a six-pump gas station.

The buildings and parking lot are shifted north and compressed as much as possible to retain a 50-foot buffer at the south boundary of the parcel, providing 1.55 acres as a transition to the rear boundary of the three neighboring five-acre Chaparral Hills residential lots. Denis Kelsch, CLC’s Wal-Mart project manager, said the drainage and traffic studies for this latest revision would be completed within one to two weeks. Schueler said that when the county receives them, they will be available for public review at the county planning division office, 27 E. Vermijo, Colorado Springs 80903.

The access road to the rear loading bays that face the 22-foot-tall solid masonry retaining wall on the east boundary has been further narrowed. All delivery trucks must enter the property from Jackson Creek Parkway, drive past the three adjacent Chaparral Hills homes to the south, and then travel counterclockwise around the building. The Colorado Department of Transportation (CDOT) will not allow truck access from Baptist Road because of the very small turn radius of the right-in/right-out (RI/RO) access from the eastbound lane of Baptist. A median will extend east from the intersection of Baptist Road and Jackson Creek Parkway past the Wal-Mart and the neighboring church. According to the plans, the church will also be restricted to RI/RO access after Baptist Road is widened and the median is installed.

The southwest triangular corner of the parcel is proposed to be a 15-foot-deep wet bottom detention pond, to meet mitigation requirements. When full, the top of the pond will still be below the level of Jackson Creek Parkway. Kelsch said Wal-Mart had planned to lease this portion of the property to a restaurant before being required by FWS to deal with the contaminants that would otherwise drain into protected mouse habitat and Jackson Creek.

This detention pond will collect storm water drainage, gasoline, oil, lubricants, chemical contaminants, and sediment from the parking lot and from the length of Jackson Creek Parkway along the store’s frontage. The pond is intended to release the collected water into a drainage channel that will flow under Jackson Creek Parkway and empty onto CDOT-owned protected mouse habitat between the Wal-Mart site and I-25; it will eventually drain into Jackson Creek. Although the flow rates are expected to be similar to historic conditions, the water that flows onto the CDOT parcel will be concentrated at one culvert rather than distributed across the entire length of the CDOT parcel’s eastern boundary that runs along the southbound lane of Jackson Creek Parkway. The contaminants in the pond’s outflow will now be delivered to the CDOT parcel only at the culvert outlet and would likely be much more concentrated and potentially more damaging at the point of discharge.

Mary Montevaldo and several other Chaparral Hills residents asked Kelsch about the effect of these drainage contaminants on neighbors’ wells and mouse habitat. Kelsch said to each, "We hope it has no effect on neighboring wells." When Montevaldo expressed shock at this inconclusive response, Kelsch concluded by saying, "I can’t answer the question." None of the other CLC engineering staff or Wilson would say more, other than that the county, rather than Wal-Mart, would provide detention pond maintenance. When asked by OCN what department or division of the county would clean out the detention pond for Wal-Mart, CLC staff gave no response. Neither Kelsch nor any other CLC staff member could say what effects the drainage would have on CDOT property across Jackson Creek Parkway or on downstream Jackson Creek.

When asked about Wal-Mart’s policy of allowing RVs to park in the lot overnight, several CLC staff members denied that Wal-Mart had that policy. Schueler expressed concern about that response, taking written note of it for future discussion with the applicant. CLC employees provided different answers to questions on several other topics as well.

A major factor in making the project feasible is that the Triview Metropolitan District agreed to provide water and sewer service to the store, even though it lies outside the Triview district. As reported in the June 7, 2003, issue of OCN, in lieu of a town sales tax, initially a 3 percent retail sales fee would be charged on items sold at the store. If the county approves the project, the fee will be paid to a Public Improvement Corporation (PIC) authorized by Triview. Triview will receive one-quarter of the fee, with three-quarters going to pay off doubly tax-exempt bonds issued by the PIC to make road construction and other improvements associated with the store. When the PIC bonds are paid off, estimated to take from three to seven years, the retail sales fee will be reduced to 1.5 percent—all of it going to Triview. The negotiated fees going to Triview are exactly half of what was proposed when Triview authorized the PIC August 28, 2002. Note that if the store were constructed within Monument town limits, Triview would receive 1.5 percent sales tax. At recent Triview board meetings, district general manager Ron Simpson said he has been searching for reasonably priced offsetting mouse habitat for Wal-Mart.

CLC reported that Triview and its consultant Nolte and Associates have revised the water report previously prepared for the Wal-Mart project at Triview district expense.

Schueler did not respond when asked if the county had urged Wal-Mart to switch to the 200,000-square-foot pad at the Monument Marketplace that is zoned for a supercenter-sized building. He mistakenly said the Marketplace parcel had not been rezoned when Wal-Mart started the acquisition process for a Baptist Road exit location. The Marketplace site has been zoned for regional commercial development since it was annexed to the town in the late 1980s.

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

Background information is available at www.ourcommunitynews.org/top_stories.htm#wal-mart and www.CoalitionTLC.org/wal-mart.htm 

View photos of the Wal-Mart Community Meeting March 2

Carl Schueler began the meeting with a brief overview of the new planning department structure. The new name is the "Development Services Department." Current acting manager is Denny Cripps, the assistant county administrator. A search is underway for a permanent manager. Carl Schueler is the planning manager. Imad Karaki is the customer services manager. Paul Danley is the engineering division manager.

Schueler announced that Struthers Ranch Final Plat Phase 2 and 3 would be continued until the March 16 meeting so road, drainage and environmental issues could be better resolved. He also said it looks like Wal-Mart is finally ready and could come before the planning commission March 23.

Northern El Paso County Agenda Items

1. Vacation and replat of 8.88 acres in the Walden Pines Subdivision, east of Highway 83, south of Highway 105/Walker Road. Creates a 7-lot subdivision in RR-1 zoned area that is surrounded by RR-1 zoning.

2. Preliminary plan amendment and final plat, Eagle Wing Estates, east of Black Forest Road, west of Vollmer Road, north of Woodmen Road. This is an 81.76-acre property zoned RR-2 (2-1/2 acre lots) planned for 27 lots. The amendment replaces individual wells with a central water system.
   
   The first two items were on the consent calendar and were unanimously approved.
   

3. Rezoning from RR-3 to RR-2 of 121.2 acres in Black Forest, just east of Raygor Road and south of Arroya Drive. The property is surrounded on three sides by RR-3 with vacant land on the fourth side. The main concerns were with the roads. Raygor Road north to Burgess Road is the only access for this and surrounding homes. The developer agreed to provide a chained gate as the second access. The proposal was approved 5-3. Those voting for denial were concerned about the road situation.

4. Two residences located in RR-3 in the Black Forest area, on Raygor Road near Stapleton were approved for kennels. Both parties breed and show Weimaraners.

5. Rezone for RR-3 to PUD and preliminary plan approval for Forest Gate subdivision. This is a 200-acre property located in the Black Forest Area south and east of the intersection of Vollmer Road and Burgess Road. The proposal is for 50 lots of varying size. The developer provided transitions from the adjacent RR-3 properties and after much discussion agreed to provide a 60-foot right-of-way on the west side for the possible upgrade of Vollmer Road to a major arterial. This was approved.

6. Finally, although not in Northern El Paso County, the item drawing the most public interest, was a sketch plan for Lorson Ranch at Jimmy Camp. This was a proposal for 1,361 acres near the city of Fountain. The development would occur over 30 years with a maximum residential of 6,985 residences, commercial property, school sites, and open space. It would create a small town in the middle of one-third to 5 acre properties. Only adjoining landowners were notified of a proposed development that impacts a much larger area. The planning commission unanimously recommended denial of the project. The commission also recommended the developer meet with affected homeowner associations to better define the plan and obtain broader input.

The meeting started at 9 a.m. and adjourned at 7:30 p.m. with just a 35-minute break for lunch. No telling how long it would have lasted had not six items been continued.

Web Site Exclusive: View photos of the county transportation corridors forum Feb. 9

County Project Manager Jude Willcher headed a public forum at Lewis-Palmer Middle School Feb. 9 on the El Paso County Major Transportation Corridors Plan. This was the second meeting in the series of three meetings working on an update to the county’s major transportation corridors plan that was last updated in 1987. The first local meeting was held Oct. 23. The third and final public forum is planned for May 2004.

Willcher said the county intends to use the updated major transportation corridors plan to help guide transportation planning. The new plan will try to identify transportation needs through 2030.

During the first part of the Feb. 9 meeting, citizens reviewed a variety of displays and completed comment sheets regarding questions and concerns. Displays included a number of maps, aerial photos, and process descriptions to help citizens familiarize themselves with the history of overall county transportation plans since 1987. Team project members circulated, soliciting questions and concerns. In addition to Willcher and other county transportation staff members, staff from engineering consultant LSA Associates and public relations firm Catalyst Consulting moved through the crowd, answering questions and collecting comment sheets. This was followed by a presentation by Willcher and Ray Moe, consultant team leader with LSA Associates. Similar meetings were held Feb. 10 in Widefield and Feb. 12 in Falcon.

The primary purpose of this forum was to present the models that have been developed to extrapolate residential and employment growth and resulting travel demand and points of congestion and then to discuss specific potential alternative changes to the 1987 plan to address that congestion. Moe said congestion is measured by travel delay during the peak period. He said that in many areas, the projected period of congestion becomes a greater and greater portion of each day without some roadway improvements. But Moe cautioned, "We don’t really have the funds for a lot of them."

Moe separated the potential improvement into three categories: 1) Committed base corridor improvements, estimated at $159 million, 2) Preliminary spot improvements, estimated at $117 million, and 3) Non-capacity or safety improvements, estimated at $85 million for a total of $361 million. Funding for the projects would be sought from federal, state, and county sources. Moe said the projects categorized as committed base corridor improvements are actually only partially funded.

Despite numerous objections raised by residents at prior meetings, the construction of Jackson Creek Parkway/Struthers Road south from Baptist Road to connect to Northgate Road and the extension of Baptist Road east of Roller Coaster Road to Hodgen and Highway 83 are shown as committed base corridor improvements. They were not included in the list of alternatives.

The following are Tri-Lakes and Black Forest alternatives discussed.

Moe said this would:

Moe said this would:

Moe said this would reduce the forecast congestion along Highway 83 from Shoup Road to Northgate Road.

Moe said this would:

Moe said this would:

Black Forest resident Barbara Hosmer objected to Alternatives 4 and 5 and suggested that a better alternative would be to widen Highway 83 to four lanes perhaps as far north as County Line Road.

Residents noted that the Baptist Road/I-25 interchange is very congested and will likely not be improved until 2008 or later. They objected to the connection of Baptist Road to Hodgen Road and construction of alternative 2 because it would increase traffic on Baptist Road.

Several residents urged the county to require road improvements to be built prior to construction of additional developments.

Dick Carlson, county manager of traffic/transportation, later said, "A lot of the congestion is driven by development." He added, "The Hodgen/Baptist connection shouldn’t be made until improvements are made to Baptist Road."

Results of the comment sheets and discussions from this round of forums will be consolidated, summarized, and presented at the next round of public forums—part of Step 3 of this process—in May.

**********

For further information on this project and the results of the traffic models used, visit www.elpasoMTCP.com or contact the El Paso County Department of Transportation, 3640 N. Marksheffel Road, Colorado Springs, CO 80922 (719) 659-3941 Fax (719) 520-6878.

Web Site Exclusive: View photos of the county transportation corridors forum Feb. 9

The Preble’s meadow jumping mouse was the subject of the Board of County Commissioners (BOCC) working session on Feb. 6. Jerry Haile, director of the El Paso County Environmental Services Department (ESD), and his natural resources director, Mike Bonar, gave a briefing on the current status and future plans of the department’s Regional Habitat Conservation Plan (RHCP) involving the mouse. The plan’s projected cost for the first 10 years is $103 million. The BOCC also heard comments from other county employees, citizens, and representatives of Colorado Springs Utilities and Colorado Springs Home Builders’ Association. Commissioner Jeri Howells was absent.

The Preble’s meadow jumping mouse takes its name from field biologist E. A. Preble, who collected a specimen of the animal in 1895. Using its long tail as a rudder, the mouse can launch itself 18 inches into the air and switch direction mid-flight. It can travel three feet in a single jump and also swims. The species spends most of its time out of sight, foraging beneath long grasses for seeds, berries, and insects. The rest of its time is spent in leaf-lined dens, where it hibernates seven months out of the year. Biologists believe the species came to Colorado during the Ice Age and remained after the ice receded.

Bonar said the Preble’s mouse was listed by the U.S. Fish and Wildlife Service (FWS) as a threatened species on May 13, 1998, under the Endangered Species Act. (ESA). The act defines a threatened species as one that is likely to become an endangered species within the foreseeable future throughout all, or a significant portion, of its range. Preble’s habitat has been defined as mature plains riparian vegetation with relatively undisturbed grassland and a water source in close proximity. Riparian areas occur between the active channel of a river or stream and its associated wetland habitat. Upland habitat areas are those sloping up away from the riparian waterway. In Colorado, that includes areas below 7,600 feet in 10 Front Range counties: El Paso, Boulder, Douglas, Elbert, Adams, Arapahoe, Larimer, Morgan, Weld, and Jefferson. FWS requires that all ground-disturbing projects within 300 feet of the 100-year floodplain supporting suitable mouse habitat be assessed for the presence of the Preble’s. Currently, agencies at the federal, state, county, and city/town level must all provide approval for such projects. Consequently, this process has little predictability in terms of cost and time required.

In El Paso County, most potential Preble’s habitat is located in the northwest end of the county, with little, if any, identified habitat elsewhere. Nearly every flowing water source in the Tri-Lakes region has been designated as potential, if not actual, Preble’s habitat. Some projects that have been affected by habitat issues are the Monument Lake dam renovation, the Jackson Creek community athletic fields, the proposed Baptist Road Wal-Mart, and road and bridge improvements for Exit 158 and Baptist Road. The cost for preserving Preble’s habitat at Monument Dam was $200,000; however, the town secured a federal grant for $133,500.

The county is preparing a proposal for taking over responsibility for land use review and decision-making authority regarding mouse habitat for developments in El Paso County. Currently these processes—mandated by the ESA but not funded by the federal government—are administered by Fish and Wildlife and the Colorado Department of Natural Resources (CDNR), the latter of which has only three employees reviewing projects for the whole state. The county’s goal is to produce a scientific, legal plan that will reduce the time it takes to verify regulatory compliance requirements for each level of government by local developers or citizens.

This process began in 1997 when the CDNR organized a steering committee to help guide all state efforts related to the Preble’s mouse. This committee is now a subset of a much larger working group and includes representatives from state agencies, local governments, and the environmental, development, and natural resources communities.

The first meeting to address concerns related to the Preble’s habitat in El Paso County was held in March 1998. From that meeting a core group was formed, made up of members with diverse backgrounds, ranging from the Sierra Club, the Home Builders Association, and private landowners to public officials and various government entities. The group meets monthly to discuss the habitat plan. An executive committee also was formed to act as a "project manager" for the development of the RHCP.

As a long-term strategy, El Paso County intends to cooperate in the formation of a statewide nonprofit organization to provide monitoring and, where appropriate, ownership of preserve areas. The budget needed for the county RHCP process has been $600,000, with the expense divided between the county, Colorado Springs, city utilities, and the CDNR. However, this is only enough funding to finalize the draft RHCP and pay outstanding consultant and agency bills. Total implementation expense is estimated at $1.09 million, not including costs for annual operations.

Bonar said the proposed county plan would standardize the Preble’s habitat evaluation and review process, cut the time required for review and approval of developments, cut costs for developers and citizens, and centralize the review process for all county governments.

Bonar said that landowners with potential Preble’s habitat would have to hire a consultant to conduct an investigation and draft a "disqualification letter" for submission to the FWS. Approval of the letter can take up to six months. Bonar did not provide an average time for state or county/city approvals following the FWS approval. County Commissioner Wayne Williams asked who makes the final decisions under the RHCP. Bonar recommended an administrator position similar to a floodplain administrator should be created. Williams disagreed, saying the decisions should be made by an elected official answerable to the electorate.

Bonar discussed the finding by the Denver Museum of Natural History that states the supposed Preble’s mouse found in this region is not part of a distinct species but is Zapus hudsonius campestria, just as Preble had determined in 1895. This finding was filed on Dec. 17, 2003; a response from the FWS is required by March 17. If the museum’s finding is validated by peer review and accepted by the federal government, no further Preble’s habitat conservation will be required. By not being a distinct species, Preble’s mouse could be de-listed. However, FWS is expected to disagree with the museum’s finding, as it is not yet conclusive. FWS’s anticipated response will likely lead to a lawsuit by developers and others. Mountain States Legal Foundation, the city of Greeley, and Wheatland Irrigation District in Wyoming have all filed lawsuits already. The state of Wyoming and the Colorado Water Development and Conservation Coalition have filed 60-day notice of intent to sue. If, however, FWS agrees that the museum’s finding are valid, a final decision must be announced by March 17, 2006. A series of lawsuits from advocacy groups such as the Sierra Club and the Nature Conservancy would likely ensue. Bonar said that after seven years of effort, it is unclear when the county will actually be able to implement reviews and approvals.

Bonar said unity in pursuing the regional habitat plan is essential. He noted that county pursuit of de-listing the Preble’s creates the potential for adversarial relations with FWS that may delay gaining approval of the regional plan that assumes the mouse is distinct and endangered. Williams and Commissioner Jim Bensberg asked several questions about joining a de-listing lawsuit initiated by the governor of Wyoming. There was a lengthy discussion regarding de-listing. Mark Ebbin, a consultant attorney for the executive group, advised that the county should definitely not appear to be adversarial with FWS in any manner. He suggested emphasizing technical and scientific arguments, avoiding political advocacy, and advised the BOCC to treat the issue delicately and "not jump on the de-listing bandwagon" that might jeopardize pending federal grants for habitat conservation. Bensberg disagreed, saying that silence is interpreted by federal agencies as acquiescence, inviting a heavier hand as the federal government enforces a silent prohibition against requests for de-listing. Ebbin said that FWS had not indicated officially that it would take an adversarial stance against the plan request if the county simultaneously pursued de-listing. Commissioner Chuck Brown said that de-listing efforts should be left to private citizens.

County Assistant Attorney Cole Emmons concluded by saying the legal staff’s recommendation was to approve funding for the RHCP process. Pursuit of the RHCP process does not detract from the de-listing lawsuits by the Colorado Springs Chamber of Commerce and the Home Builders Association; it can continue to operate in parallel without endangering grant awards to the county for habitat preservation. Emmons asserted that an approved RHCP is the surest, quickest, and most economical way of dealing with the Endangered Species Act. He said the county commissioners should finalize fiscal arrangements with the state and then forward an approved plan to FWS as soon as possible.

Brown asked for comments from the public. First to speak was Bob Hoff, a Colorado Springs realtor who was a charter member of the core group but resigned in June 1999. His review of the documentation from FWS and other agencies at that time confirmed his belief that the mouse is always found alongside the deer mouse, and both carry disease: the Preble’s carries plague, and the deer mouse hantavirus. He did not want to be part of protecting a disease-carrying "unendangered" rodent. He said the county should not spend time or money on the RHCP and should instead invest in de-listing activities against FWS because that would take less time and have a higher certainty of success. He also said the BOCC may have already decided to proceed with RHCP approval actions. He said projected costs for the first 20 years (the amount of time a recovery is projected to take) of the RHCP would be no less than $206 million.

Hoff noted that Larimer and Weld counties never participated in RHCP formation and that Elbert and Jefferson counties had withdrawn from the RHCP process in frustration. He said that the Boulder and Douglas county plans were not the same as El Paso’s, leaving our county alone in its pursuit of an RHCP. He concluded by saying it is time for the county "to stop spending taxpayer money on this unneeded and unfavorable plan" and fight "the imposition of this hoax on its citizens."

Ralph Braden of Norwood Development said that it took FWS two years to approve his disqualification letter, which delayed by two years his Wolf Ranch development near Cottonwood Creek.

Ernie Biggs, owner of Monument’s Lake of the Rockies trailer park, endorsed Hoff’s comments. Biggs said he had lost the ability to develop a $600,000 parcel along the northeast shoreline of the currently empty Monument Lake due to mouse concerns expressed by the town’s board of trustees on Jan. 20. "The government has taken my ability to use this land without payment," Biggs said, adding that he would sue FWS, CDNR, and the town if the mouse is de-listed as a nondistinct species. "I’ll go after them if it turns out to be bad science," he concluded.

Gary Barber, a water lobbyist for the Forest Lakes subdivision and consultant for the county water authority, said environmental scientists should be charged with fraud once the de-listing lawsuits are won. He saw rejection of the RHCP proposal as a fruitless attempt to prove a negative.

Williams asked how vulnerable the county was to a liability suit. Ebbin said he was not aware of any suit that has been successful in recovering judgments against the government for changing a mouse designation before or after a permit was issued. He added that such a suit would have to also target FWS and he said that FWS would be obligated to help in a defense.

Commissioners’ concluding remarks

Williams said that his opinion was that the Endangered Species Act had unconstitutional aspects, but the Supreme Court has not yet agreed with him. Commissioner Tom Huffman said that everyone in the room was in agreement that ESA processes are frustrating, challenging, and difficult. Bensberg said the county is dealing with an onerous, heavy-handed federal agency because the ESA is another "Washington third rail … like Social Security, with no relief in sight for millions in indirect costs." Then they agreed that the county should move forward with the Preble’s mouse Regional Habitat Conservation Plan.

The meeting adjourned at 3:45 p.m.

The Monument Board of Trustees (BOT) held an eligibility hearing on Feb. 17 for annexation of the Kerr Addition on the northeast corner of Second Street and Mitchell Avenues. John Kerr is proposing that the parcel also be rezoned for commercial use so he can build a wholesale gift business building for Present Perfect Gifts. Monument resident Tim Schutz asked the board how it was handling the violation by Lake of the Rockies of town zoning restrictions that prohibit permanent residents. Police Chief Joe Kissell presented an award to the Tri-Lakes Fire Protection District (TLFPD), and the nomination of Virginia Cullen to the Police Advisory Committee increased the membership to three, enough for a quorum if all members attend. All members of the board were present.

Ted Bauman of Monument Hills Sertoma introduced Melissa Gasser, who wrote one of the nine winning essays on freedom for its February Freedom Essay Contest. The three top essayists from Creekside, Lewis-Palmer, and Monument Academy Middle Schools were honored. Gasser read her essay on First Amendment rights. Mayor Betty Konarski read a proclamation declaring the week of Feb. 15 Sertoma’s Freedom Week; it was unanimously approved by the board.

Kissell presented a plaque to Tom Mace and Skip Fleming of the TLFPD thanking the district and Board President Charlie Pocock for the donation of two complete sets of self-contained breathing apparatus and related protective gear, which he said is valued at about $8,000.

Konarski thanked Cullen for volunteering for the Police Advisory Committee. The mayor said she was not happy at losing that committee and was glad Monument has qualified citizens like Cullen who are willing to serve. Cullen retired from the Colorado Springs Police Department in July 2000 and served on the board of the Cottonwood Creek Townhomes Association from 1988 through 1999. She moved to Monument in 2000.

During public comment, Schutz expressed concern— based on newspaper reports he had read—about possible inaction by the BOT after its Jan. 20 approval of an amended development site plan for Ernie Biggs’ campground that specifically prohibits permanent residents. He asked if plans to develop an ordinance to enforce this zoning restriction had been put on the "permanent shelf." He said that he understood a brief interval might be necessary for Town Attorney Gary Shupp to fully research the proposed ordinance. Konarski said the ordinance had not been shelved and that the staff was working on a proposal for this ordinance. Trustee Glenda Smith expressed concern that permanent residents of the campground were able to register to vote. Schutz said, "I do sense a commitment. That’s all I need to hear."

The public hearing on the Jackson Creek Market Village Preliminary Plat was continued to the March 1 meeting at the request of the developer, Paragon Engineering Consultants, Inc. This development includes what looks like an extension to the east of the King Soopers shopping center and a 40-unit townhome development behind it to the north that fronts on Lyons Tail Drive.

Annexation eligibility hearing for Kerr addition: Town Planner Mike Davenport reviewed the proposal. On Jan. 2, John Kerr submitted a "petition" requesting the town annex 1.84 acres of land between Second and Third Streets, from Mitchell Avenue to the railroad tracks. Kerr proposes to construct a building and move his gift wholesaling business, Present Perfect Gifts, from Colorado Springs to Monument. He added that the proposal meets minimum state requirements and the staff recommends the BOT set an annexation hearing date of April 5. This date allows the Planning Commission to review the annexation on March 10.

Kerr told the board he has wanted to move his business north for a long time, but could not find an existing building that met his needs. Local business owner John Dominowski said he was excited to learn that a new business would be built just across the railroad tracks from his shopping center and that he hopes Kerr can add a retail portion soon. Separate motions approving the requested hearing date and eligibility of the property for annexation passed unanimously.

Town Clerk Judy Skrzypek recommended that no write-in votes be accepted at the April 6 municipal election for the BOT unless an affidavit of intent had been submitted to the town clerk. Mertz asked if an election had to be held if the number of candidates was less than or equal to the number of open seats. Konarski said the vote counts are used to determine which candidates receive four-year terms (most votes) and which receive two-year terms. Town Manager Rick Sonnenburg noted that Mertz and Trustee George Case had to be elected since they were appointed to the board after the last election. The recommendation was approved unanimously.

The board unanimously approved a supporting resolution that requests up to $93,800 toward purchase of land contiguous with Limbach Park to the south and west. The town’s matching funds would be up to $40,200. This land is currently owned by the railroad. A separate GOCO grant will be sought for park improvements, after purchase of the land is completed.

The board approved a payment of $7,533.90 to Schmidt Construction Company for paving repair work done in 2003. The town’s $1,200 share of a $6,000 increase in the cost of expanding the scope of a water reuse study was approved for payment unanimously. The surrounding four water districts also contributed $1,200 each.

The liquor license for the Village Inn restaurant on Highway 105 was renewed unanimously.

A proposal to add parks near Lewis-Palmer High School and Monument Lake to the list of projects the town will seek GOCO funding for was approved unanimously.

A payment for $24,286.46 to the Triview Metropolitan District was approved unanimously.

Konarski recommended that board members review a Pikes Peak Area Council of Government report on its Senior Demographic and Traffic Study. She recommended the BOT review drilling options and constraints as the U.S. Forest Service considers allowing oil and gas drilling in the Pike National Forest directly west of Monument. The review was scheduled for a special session on March 1.

Davenport described the Parks and Landscape (P&L) Committee recommendation to allow an alternate member to the committee who did not reside or work in town. The alternate would vote only if it was needed for a quorum. Shupp noted that it would be legal as long as the committee remained advisory only. Konarski asked Davenport to have P&L draft the word change to implement the policy allowing an alternate member of the committee.

Sonnenburg noted that the town’s water supply had not yet been approved by the state engineer’s office, and he had no estimate of when approval was likely to occur. He said the first meeting of the committee in charge of the town’s 125th anniversary celebration, on July 5, would meet at 6:30 p.m. on Feb. 25 in Town Hall. Discussion of the permanent residence ordinance was scheduled for March 1 as was presentation of research on the town taking over ownership of Monument Villas’ private roads. The lowest of three bids for a new Town Hall recording and public address system was approved unanimously. Mertz asked that the system be re-bid to include a speaker/camera/phone interface that would allow trustees to vote at meetings while out of town. Konarski agreed, tabling the bid approval, while Sonnenburg seeks new specifications and new bids including the added capability.

At 7:40, the board went into executive session to discuss negotiations toward providing an unspecified utility service to residents. No announcements were made after the executive session adjourned at 8:30 p.m.

The next meeting is at Town Hall at 5:30 p.m. on March 1.

The Monument Board of Trustees (BOT) confronted two controversial issues at its tense and occasionally testy March 1 meeting that literally split the board on several votes. In a packed meeting room, where many citizens spoke on both sides of the issue, the board again failed to come to any resolution on the first issue: how to craft an ordinance that would codify the long-established, but never enforced, 1993 master site plan prohibiting permanent residency at the Lake of the Rockies campground. There are people currently living at the campground, even though it is closed, and giving it as their permanent residence when registering to vote in Monument. The second issue involved three different motions before a final rejection of a request by Monument Villas residents for the town to take over ownership of the development’s internal private roads. Trustee George Brown was absent.

At the Jan. 20 meeting, the BOT approved an amended site plan for Lake of the Rockies that retained the original language, stating that there would be only one permanent residence—for the caretaker—on site. A request to add language to the amended plan that prohibited occupancy by renters on a permanent basis or during the part of the year when the campground is "closed" was not approved, because the trustees believed that was a law enforcement issue.

At the Feb. 2 BOT meeting, Town Attorney Gary Shupp recommended that the BOT leave the permanent residence issue alone for now, saying there is no good case law or example of an ordinance from another town or city that adequately spells out "intent to become a permanent resident" in general or with regard to an RV park in particular.

At the Feb. 17 BOT meeting, local resident Tim Schutz complained about the trustees dropping the issue. Shupp was directed to write a draft ordinance that would adequately define permanent residency, enabling Monument police to enforce the zoning proscription of no more than one permanent residence.

At the March 1 meeting, Shupp described his proposed ordinance as having six sections that provided the trustees with a menu of options for defining permanent residency. The first section describes the fundamental concept of residency: "The permanent residence of a person is the principal or primary home or place of abode of a person … (which) is that home or place in which a person’s habitation is fixed and to which that person, whenever absent, has the present intention of returning after a departure or absence, regardless of the duration of the absence."

The other five sections of the ordinance were offered as options the board could accept or reject. Shupp added that ultimately a judge decides whether or not the evidence presented is sufficient to meet the conditions specified by the ordinance.

Schutz who is an attorney and a neighbor of the campground, spoke in favor of adopting the ordinance, with revisions. He said the ordinance should be written so a judge could make a finding regarding permanent residence without having to determine the person’s intent. He said the first section of the ordinance was appropriate. Schutz said the other five sections would be confusing if they implied they were a separate standard that must also be met. Shupp replied that if a person’s living situation met the conditions of any one of the other five sections, that would also be sufficient grounds for a judge to find that permanent residence had been established.

The discussion focused on the minimum number of days of inhabitance to establish permanent residence. Schutz recommended 30 to 60 days, rather than 180 days as Shupp proposed. Schutz noted that only 30 days are required as the minimum to be able to register to vote. He said the campground is closed from Nov. 1 to April 1, which is approximately 180 days. Shupp disagreed, saying it was permissible to rent a space at the campground for more than 30-60 days while the facility is "open."

Trustee Frank Orten asked whether or not the town’s master plan specified when campgrounds could be open or closed and why the board would tell a business when it is or should be closed. He asked if Shupp had found any case law on closing times for other campgrounds; Shupp said no.

Ernie Biggs, owner of Lake of the Rockies, said that the proposed ordinance was aimed at him and his business. He said people stay at his campground while their homes are being built, while they are in town for chemotherapy, or they were working on the rehabilitation of the dam. He added that there are many people who only have an RV and move from place to place with the seasons. Biggs then said, "Glenda (Smith) shouldn’t be able to vote on this because of her feelings and personal vendetta against me." Smith replied, "And you against me. I will vote." He added that town trailer parks require a year-long lease, so even though their monthly rate of $180 is less than the $500 he charges, they can’t afford to rent there. Biggs said, "I’m not telling Schutz who can use his business." Smith replied, "When you came here, I supported your business as a campground, not a trailer park. You step on people’s toes, too." Biggs replied that he provided $21,000 of tax revenue to the town and $14,000 to Lewis-Palmer High School last year, among other charitable services by the campground. Konarski ended the dialog, saying she was tired of the town being in the middle of a neighborhood squabble. She said the board had to address the policy issue.

After further discussion, Shupp was directed to rewrite the proposed ordinance avoiding the use of a specific time limit.

At the Feb. 17 BOT meeting, the homeowners association (HOA) for Monument Villas townhouses requested that the town take over ownership of their internal private roads: Villa Grove, Paula Circle, and Elizabeth View. Town Manager Rick Sonnenburg presented a copious staff report on the history of private roads in Monument, as directed at the previous BOT meeting. The other private roads this request might set a precedent for are Raspberry Lane, all the streets in Monument Meadows Mobile Home Park, Village at Monument alley, and the unnamed road that wraps around the closed Rite-Aid Pharmacy.

Sonnenburg reported that the Monument Villas private roads meet all town standards for construction quality, except width of roadway, but do not meet setback requirements. A car cannot be parked in their single-car driveways without extending into the roadway. In order to meet code, Monument Villas would have to build 48 off-street parking places on HOA-owned property. The staff recommendation was to reject the request.

Konarski noted that she currently lives in the Raspberry Lane community and fully understood the precedent issue and said it is difficult to plow with the high density of on-street parking on both sides of the 36-foot-wide roads (the town minimum standard is 50 feet). Public Works Supervisor Tom Wall noted that in some of these private-road communities, buildings are built to the edge of the right-of-way with no setback. Several trustees expressed sympathy for those owners who didn’t understand the long-term road maintenance costs their HOA would eventually have to absorb. Others said that was no reason for the town to volunteer for additional road expenses due to substandard setbacks that increased developer profit and reduced homeowner taxes.

A motion to table the issue for further review failed in a 3-3 vote. A motion to accept ownership of the private roads failed due to lack of a second. A motion to not accept ownership of the private roads passed 4-2, though the trustees agonized over their votes. Konarski cast the deciding vote, saying the policy should be consistent without exception that public roads meet all town construction and setback standards.

This item was continued, in part because of the developer’s reassessment of his original plan to use private roads.

Consideration of Joshua Baron’s application for appointment to the Police Advisory Committee was postponed due to his absence.

The following agenda items all passed unanimously:

The meeting adjourned at 8:30 p.m.

The next BOT meeting will be held at Town Hall at 6:30 p.m. on March 15.

At its special meeting on March 1, the Monument Board of Trustees discussed a range of options offered by adoption of a countywide Regional Transportation Authority (RTA), town concerns regarding a proposal for oil and gas drilling in neighboring Pike National Forest, and an exploratory annexation proposal for a housing development on the 120-acre Walters property. Trustee George Brown was absent.

Town Manager Rick Sonnenburg presented several options prepared by the staff for possible board action before the issue goes to El Paso County-Colorado Springs voters on Nov. 2. The RTA ballot issue would propose a countywide one-cent sales tax that would pay for several new county and city corridor projects, a backlog of overdue road repairs and rebuilding, and countywide public transportation programs. New road construction would be allocated 55 percent of the RTA revenue, municipal governments would receive 35 percent to spend on their own road repairs, and 10 percent would go toward public transportation. After 10 years, the tax would drop to a permanent 0.45-cent county sales tax. New road construction would be managed by the elected officials from city and county governments serving on the RTA. Road repair funds would be distributed to participating municipal governments to be used at their discretion. The Pikes Peak Area Council of Governments professional staff would oversee the new road construction and manage public transportation funds.

Staff recommendations were:

Option 1: Vote to join the countywide effort, including Monument in the county-city proposal.

Pros: Town receives about $119,000 per year initially. Monument is growing faster than the county, so the town’s 35 percent share should quickly grow above this initial amount over the first 10 years.

Cons: The town gets only a third of the $500,000 in sales tax raised in Monument.

Issue: If every Monument resident votes no, but the measure passes, residents will be taxed anyway.

Option 2: Same as Option 1 but asks that a project such as improving Old Denver Highway between the town boundary and Baptist Road be added to the list of projects.

Option 3: Same as Option 1, but request all the one-cent tax revenue be returned to the town.

Option 4: Vote to decline to join the countywide effort.

Option 5: Do not vote to join or decline.

Option 6: Vote to form a separate RTA with the town of Palmer Lake, but reduce the imposed sales tax to one-half cent. Colorado law requires that a regional transportation authority be formed by a minimum of two municipal entities.

Pros: Monument and Palmer Lake would each receive 100 percent of the tax revenues they raise. The half-penny tax would probably have a much higher chance of being approved by the voters.

Cons: Monument would be perceived by the county and Colorado Springs as not being financially supportive of RTA projects.

Sonnenburg also noted in his staff’s summary document that Town Attorney Gary Shupp believes there is a strong possibility that although the RTA measure will probably be on the Nov. 2 ballot, a separate vote would be required by county voters next year to authorize raising the funds via the sales tax. Voters in Colorado Springs can vote for both, however, on Nov. 2. This would delay implementation to Jan. 1, 2006, at the earliest.

Note: There are 50 road improvements targeted by the RTA proposal; half are in Colorado Springs and the other 25 are in the county. The top five county priorities are all Baptist Road improvements.

Discussion: Trustee Dave Mertz asked if any other projects could be added to the list. Trustee Frank Orten said it would not be useful since the expected revenues are only enough to pay for the already listed projects, and added projects would be last priority with no funding likely.

Trustee Byron Glenn asked if RTA proposal passage would make it easier to build a new combined town hall and police station. Sonnenburg noted that option 6 would produce enough road repair money to free $200,000 per year from the current road repair budget to be redirected to other priorities. This would probably be enough money to pay for a new town hall building in 20 to 30 years, depending on the actual cost of the final design and prevailing interest rates. Sonnenburg noted that his counterpart at Palmer Lake, Della Gins, was interested in pursuing option 6.

Mertz expressed his displeasure that 65 percent of the revenue goes to the county for regional projects and not to Monument. Trustee Glenda Smith observed that the top priority of the Baptist Road corridor projects could change after the election, as did the top priority of a proposed road from Woodmen Road to Mitchell Avenue in previous county budgets. Mayor Betty Konarski concluded the discussion by asking if there was any strong feeling toward any of the options. There was none.

The board agreed on providing two comments to the U.S. Department of Agriculture and the U.S. Forest Service. Konarski said she is concerned about the potentially high salinity of discharged water from the drilling process. Trustee George Case said he is concerned that there might be a defoliated "scar" on the side of Mt. Herman like the large quarry that spoils the view of the Front Range in Colorado Springs.

Terry Schooler of Pulte Homes and Jillian McColgan of DTJ Design presented a conceptual plan for a residential development on the Walters property. The property is located between the Jackson Creek and Kingswood communities, just north of the intersection of Baptist Road and Gleneagle Drive. The purpose of the presentation was to inform the board of their intent and get feedback on what aspects of their plan should be changed to facilitate annexation of a purely residential development. Town Planner Mike Davenport arranged the session so trustees would be better informed to answer citizen questions about the annexation through an open public process. Schooler’s proposal calls for Triview Metropolitan District to annex 80 acres of the Walters property. The other 40 acres are already part of the district.

Davenport said the issue facing the board is that more money is required to operate and maintain services for residential areas than they produce in tax revenue.

The board suggested adding a connection to Lyons Tail Drive in addition to the connections shown at Gleneagle Drive and Walters Creek Drive. They said they were satisfied with Schooler’s answers to questions regarding emergency vehicle access and transitions with the eastern edge of neighboring Jackson Creek. Heavy emphasis was given to realigning the proposed roads to connect to Lyons Tail, in order to extend the trail from Jackson Creek to Fox Run Park.

The special meeting adjourned at 6:25 p.m.

The Monument Parks and Landscape (P&L) Committee reviewed proposed landscaping plans for the Kerr Addition and Tuscany Hill Market. The committee provided comments to the developers and will reconsider the plans at the next meeting on March 9. They also reviewed progress and plans for Limbach Park and the planned entry signage for downtown Monument that will be placed on the southeast corner of the intersection of Second Street and Highway 105. All four members of the board were present.

Town Planner Mike Davenport discussed the results of the town planning staff’s review of John Kerr’s application to the committee. The review followed a new checklist created by the P&L committee. The Kerr addition is a parcel of land that is undergoing annexation and rezoning for the purpose of building a wholesale gift business to be called Present Perfect Gifts. Kerr has indicated he may add a retail section within the building in the future. The parcel lies between Mountain Farmer Landscape and Nurseries and Second Street, immediately west of the railroad tracks with a frontage along Mitchell Avenue. Kerr purchased this parcel from the railroad. Davenport characterized the application as a good initial plan for Kerr, who is not an experienced developer. The following was noted:

Davenport noted that Kerr had eliminated a driveway entrance along Second Street at the request of the town’s traffic engineering consultant.

Member Linda Pankratz asked how many tractor-trailer deliveries were expected at the Second Street delivery point; Davenport said two or three per week. He added that Kerr expected to have merchandise clearance sales in the parking lot twice a year. Member Toni Martin requested the plan be continued until the next meeting so Kerr could respond to the staff’s requirements. Her motion was approved unanimously.

Tony Luca of Paisano LLC is building a retail center with an Italian restaurant on Lot 1 of Valley Vista Estates Filing No. 3. The structure will be on the south side of Cipriani Loop and the west side of Knollwood Drive, about a block south of Highway 105. The approval is administrative since the overall development plan has been previously approved. Davenport noted that the overall landscape plan exceeded town requirements and planned to make these suggestions to Luca, based on the P&L checklist:

Pankratz suggested changing the planned Ponderosa pines to another coniferous type of tree. She noted that there was no landscape architect listed on the planning documents, which explained the list of comments. The committee voted unanimously that the plan be continued until the next meeting so Luca could respond to the staff’s requirements.

Davenport noted that these types of early reviews show that the town is happy to work with small business owners to help them meet standards. The new checklist used to evaluate these two proposals appears to be an effective tool for helping organize applicant planning and town staff and committee reviews.

There were no committee or staff reports. The committee discussed changing the requirements for the vacant fifth position on the committee to allow it to be an alternate position, occupied by someone who is not a resident or property/business owner, who would only vote if there were not enough other members present to form a quorum. The position has been open for a few months. Davenport noted that this change would require Board of Trustee (BOT) approval. A motion to make this request passed unanimously. Diane Figgins of Bent Tree attended the meeting and indicated she would apply for an alternate position if one is created.

The committee also recommended unanimously that the Monument Board of Trustees seek a Greater Outdoors Colorado grant for about $75,000 to help pay the purchase price of three parcels south and west of Limbach Park that are owned by the railroad. Another grant would be sought, after the land is purchased, to provide needed improvements such as play courts and equipment, a band shell, a picnic area and shelter, parking, and landscape irrigation.

A contract will be sought for a landscape architect, via a request for qualifications process, to create a final design for the new downtown entry sign at Second Street and Highway 105.

The meeting adjourned at 7:35 p.m. The next meeting will be held at 6:30 p.m. on March 9 at Town Hall.

At their Feb. 11 meeting, members of the Monument Planning Commission quickly approved Lawrence Hicks’ application to operate Dad’s All-American Hot Dogs kiosk-type business in the parking lot of Foxworth-Galbraith. The commission then discussed several planning issues facing the town.

Mike Davenport, town planner and assistant town manager, reported that the town has received inquiries about the possibility of a regulation change to permit a two-step approval of kiosk-type businesses. In the first step, all but the specific location would be considered. Approval by the board of trustees would be conditional based on the applicant selecting a location satisfying a set of requirements. In the second step, the location would be set and approved administratively without a public hearing.

Davenport said an annexation eligibility hearing will be held March 1. He noted that the processing of the proposal is similar to the Monument Marketplace in that the board of trustees would approve the general types of businesses and the layout and then the specific plats would be approved administratively.

Commissioner Lowell Morgan said, "This is our biggest annexation since Jackson Creek." Davenport agreed and added, "It is the last big piece of property on Highway 105."

Bob Mooney, chair of the planning commission, asked what was being done on the property south of Higby Road and north of the Marketplace. Mooney said, "It looks like final grade." Davenport said it is cut and fill dirt storage for the Marketplace. He said, "There are no building plans. They can’t do anything without coming before the planning commission."

Commissioner Kathy Spence said that based on what was said at the Marketplace hearings, Wal-Mart would not be appropriate for inclusion in the Marketplace. Davenport replied, "Wal-Mart is going to the El Paso County Planning Commission. The town has not been contacted in the past couple of years; however, one of the pads is big enough for Wal-Mart." Spence said, "The Marketplace plan [for the 200,000-square-foot pad] didn’t show any docks. It would be okay for a movie theater. With a Wal-Mart, the crime rate goes sky high. It would be scary to have that in the area of the high school and middle school."

Davenport reported that the town has received inquiries regarding possible light industrial and office/warehouse projects adjacent and west of I-25, north and south of the old part of town. He said some examples of the types of uses being considered would be sales of manufactured housing or log homes, RV or boat sales, or indoor storage. He added that a major concern is the appearance from I-25 and noted that the existing zoning would not allow indoor storage but would allow outdoor storage as a conditional use. Conditional use means that public hearings would be required before approval. Davenport suggested the town might want to change the regulations to disallow outdoor storage but allow indoor storage as a conditional use.

Mooney said, "I don’t want it to look like a trailer park like Nevada Avenue in Colorado Springs." Davenport said that by restricting the types of manufactured housing and the density, and by adding landscaping, it could look more like conventional housing than a mobile home park.

Morgan noted that access to the areas south of the old part of town adjacent to I-25 would have to cross the New Santa Fe Trail. Davenport said, "That is a major issue with the county parks department. They won’t allow at-grade crossings. As a result, we don’t get too many repeat inquiries."

Morgan said, "I would expect a lot of resistance from residents to sales or storage of larger RVs." Referring to a defeated proposal for a large RV sales and service business west of the high school, Morgan said, "We would be back to the K&C RV issue."

Several of the commissioners said they would not object to indoor storage of small boats, snowmobiles, and motorcycles as long as the building did not block the views. They said the height and character of the buildings is important. Mooney said, "You don’t want a hodgepodge of buildings."

Commissioner Jim Thresher said, "Once you let some of that hodgepodge in, the better developers go elsewhere. You drive the quality stuff away."

Mooney asked, "Do we have water for any of this?" Davenport replied that the town operates on a 100-year rule, so up to 1 percent of the available water can be used each year. He noted that in some areas, they have been pumping for 60 years. He said that some areas of Douglas County are on their second or third well and those wells can be 10 times as expensive as the initial wells. Davenport said the question of where to get renewable water is an issue up and down the Front Range. He asked, "What happens in 100 years? Monument is on the rim of the bowl [of the Denver Basin aquifer system]. We might feel things sooner than others."

Commercial realtor Thorne Davis spoke from the audience regarding a possible project a client of his is considering for indoor RV storage and retail space north of Highway 105. He said these buildings would have a retail look with the use of stucco and stone exteriors. Spence suggested it might fit better south of Baptist Road in the Forest Lakes commercial area. Mooney expressed concern about the proximity to residential areas. Davis replied that his client has built several of these projects and realizes appearance is important. Davis said they are targeting an upper income demographic for RV storage. Mooney said, "There is a definite need for it due to covenants. It would have to be a well-chosen location." Spence added, "I can see a need, but I wouldn’t approve anything that wouldn’t look very good."

Jackson Creek residents Rory and Mary O’Leary said that when they moved from California they were attracted to Monument and complimented the planning commission on its work to preserve the quality of the area.

**********

The Monument Planning Commission meets on the second Wednesday of each month at Monument Town Hall, 166 2nd Street. The next meeting will be March 10, with a work session at 5:30 p.m. and meeting at 6:30 p.m. For additional information, contact Mike Davenport at 481-2954.

At its regular meeting Feb. 25, the Triview Metropolitan District Board of Directors discussed several new projects in various stages of planning. Director Linda Jones attended the meeting and then resigned from the board because she no longer lives in the district. Due to the timing of her resignation, the position will be filled by appointment. Aside from directors Jones, Steve Stephenson, and Martha Gurnick, no other Triview district residents were present.

Mike Davenport, Monument’s assistant town manager and town planner, reported that the Board of Trustees hearing on the Jackson Creek Market Village project east of the King Soopers shopping center has been postponed to March 15 due to concerns about the design of the internal roads for the residential portion. With regard to roads, Davenport said the town considers four issues: (1) Is the road adequate to accommodate the anticipated traffic? (2) Is there adequate parking provided? (3) Will fire vehicles have adequate access? and (4) Will snow plows have adequate access?

The Jackson Creek Market Village project has requested approval of private internal roads. Davenport said, "The timing couldn’t be worse." He reported that the homeowners association for the Monument Villas project on Knollwood Drive south of Highway 105 has recently requested that the town take over maintenance of their private roads. The project was approved three years ago with private roads that do not meet town standards

Davenport said the latest Jackson Creek Market Village site plan uses 30-foot road rights-of-way. Although they are wider than originally proposed, they do not meet Triview’s 50-foot standard or the town’s 60-foot standard.

Ron Simpson, manager for the Triview district, expressed concerns about the design of the internal roads and the potential that they could become a maintenance burden for the district. He asked, "Is this a precedent we want to set? They need to show us how the roads and sidewalks work."

Davenport said, "There is a question of the long-term viability of private road maintenance. …If the roads and utilities don’t work, then the land use doesn’t work. We don’t have enough information to know if that plan works. We need a revised plan or the board [of trustees] would feel they are wasting their time." He said the town would allow the project to be separated into the residential portion and commercial portion. He noted the design for the commercial portion is further along and is a higher priority for the applicant, Miles Grant.

Davenport said Grant is seeking Planned Development (PD) zoning that is a variant of Planned Unit Development (PUD) zoning. He said this approach merges the variance/waiver process into normal land use processing. The variances or waivers such as the one to allow private roads are termed "modifications."

Rick Blevins of Marketplace developer Vision Development, Inc., reported as follows:

Referring to the plan to connect raw (untreated) water from the new well A4 in the Arapahoe aquifer to the reuse system—rather than connecting it to the potable water system—Ritter said, "It is a good use for A4 for the first year." Simpson added, "There is a lot of water going on the ground for grass. It’s amazing. We used almost 3.3 million gallons per month for [the landscaping on] Leather Chaps and Lyons Tail." Ritter said the plan will cost "a bit more than $30,000. We need to get cranking."

The Waste Water Treatment Facility (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.

Simpson said the expansion of the WWTF has been pushed out at least a year.

Ritter reported that Stephenson will not be included on the site visit trip in early March to comparable plants that use the proposed new process called Sequencing Batch Reaction (SBR). The plants are in Salida, California (near Sacramento), and Fallon, Nevada (near Reno). Ritter said he and three people from the Donala Water and Sanitation District will make the trip.

Simpson has been looking at properties that could be used as part of Preble’s meadow jumping mouse habitat conservation plans to satisfy 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 a meeting was held with the FWS to discuss the habitat issues related to Jackson Creek Parkway. He said, "I hope the issue will be resolved before the March board meeting."

Simpson said installation of rock landscaping in the parking strips along Lyons Tail is expected to start in a month or two.

Simpson reported that landowner Greg Anderson has hired consultants to plan possible developments within the district west of I-25 and south of Highway 105. He said the land is zoned Planned Industrial District (PID). The anticipated uses are mostly commercial office/warehouse.

Blevins said the YMCA is starting a capital campaign to fund construction of a building on the 12-acre site west of Lewis-Palmer High School. The YMCA obtained the site from the Vision Development in February 2002. Blevins said that 15-18 percent of the people who presently use the overcrowded Briargate YMCA are Tri-Lakes residents.

Blevins reported that the owner of a 10-acre parcel north of the YMCA site is considering building an office building/sports medicine complex.

He said he expects Lariat Ranch Filing 3 to be submitted to the town in the next few weeks. It is a 98-lot subdivision. If a proposed church were included, the number of lots would drop to 85.

Blevins said Vision Development is looking at residential development north of the Marketplace. Densities would decrease from six houses to the acre near the Marketplace, to four per acre, and then to two per acre approaching Higby Road.

Simpson introduced Mark Moore, one of two town employees assigned to do operations and maintenance for Triview under the contract between the district and the town. Moore reported that electrical problems with Water Treatment Plant A are being investigated.

Moore said low bidder Ace, the contractor selected last month to implement the Supervisor Control and Data Acquisition (SCADA) equipment, "didn’t realize what they had to do. We are disappointed that they don’t have the experience with Motorola programming. I don’t have high hopes Ace can solve the problem." The board authorized Simpson to renegotiate with alternative contractor Timberline. Simpson said, "We have used Timberline forever. They have the Motorola franchise." Moore added, "They are good at what they do." Moore suggested plant tours be offered for interested residents.

At the end of the meeting, Jones resigned from the board. Board president Kathy Walters said, "Linda has been a great asset to the district." Due to the timing of Jones’ resignation, the position will be filled by appointment rather than being subject to the May 4 election. The positions to be filled at the election are the ones occupied by Kathy and Gary Walters, both of whom are term-limited, and Stephenson who was appointed in July to complete Jim Perry’s term. Gurnick was elected in 2002; her term ends in 2006.

The meeting ended with an executive session to discuss water augmentation exchange issues.

**********

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 held March 24. For further information, contact the Triview Metropolitan District at 488-6868.

Jeanine Engle reported on a meeting that Trustee Susan Miner held with owners of businesses along Highway 105. The group addressed the speed of the traffic through town and concerns about pedestrians crossing the highway. Twelve people attended, including Bob Radosevich, the town’s roads supervisor. Miner and Radosevich reviewed past contact with Colorado Department of Transportation (CDOT). After some discussion, Radosevich was asked to contact Terry Shippy of CDOT to request painted crosswalks and a flashing light on the 30 mph sign. The proposed locations of the crosswalks are from Centennial ballfield to the west side of the highway, from Bella Panini to the B&E Filling Station, from O’Malley’s to Finders Keepers, and from The Depot to the lake. The group is exploring these options first, hoping the measures will be enough to slow traffic to the speed limit and allow pedestrians to cross safely. The group will meet again on the first Tuesday of each month for updates on this issue and also to discuss the possibility of forming a business owners’ association. The next meeting is scheduled for March 2, 3 p.m., at the Rock House. All Palmer Lake business owners were encouraged to attend these meetings.

Mayor Nikki McDonald reported that five vacancies exist on the town council. Nomination petitions are available at the town offices, 54 Valley Crescent. Miner later encouraged residents from the east side of town to fill some of the vacancies.

Tom Magnuson of the National Oceanic and Atm