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County planning commission to hear Wal-Mart proposal May 11

View photos of the Wal-Mart Community Meeting March 2

The proposal for a Wal-Mart store on a 30-acre parcel on the south side of Baptist Road, directly across from King Soopers, is the only project on the agenda for a special meeting of the El Paso Planning Commission May 11, 9 a.m., at the El Paso County Building, 27 E. Vermijo, Colorado Springs. The specific request is for approval of a rezoning of the parcel from R-4 to planned unit development (PUD) and approval of a preliminary plan for the site.

The proposal is for a 24-hour supercenter, with a 203,000-square-foot (4.7-acre) store that includes a grocery store, garden center, and six-bay tire lube express. There would be parking for about 1,000 cars. The store would be at the eastern part of the parcel, with the parking lot to the west. It would occupy Lot 1 (about 24 acres).

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

Drainage from the approximately 25 acres of impervious area would be collected in Lot 3, a roughly 2.5-acre snow storage and runoff detention area on the southeast corner of the parcel.

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

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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.

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

Confrontation with county leads Black Forest residents to consider incorporation

At the April 8 meeting of the Black Forest Community Club (BFCC), Larry Stanley and Gary Schinderle solicited volunteers to help study possible incorporation or other measures to preserve the Black Forest lifestyle. After some discussion, the committee was named the Black Forest Future Options Committee.

Formation of this committee was precipitated by recent county actions, including the proposed update to the county’s major transportation corridors plan. The revised plan shows extension of several major roadways through the Black Forest.

One of these is the controversial extension of Milam Road from where it ends at Shoup Road north to Hodgen Road or Walker Road. The courts have ruled against the county’s original plan to extend Milam through a portion of Black Forest Regional Park. The El Paso County Board of County Commissioners is now going ahead with eminent domain proceedings to force property owners near the park to sell property needed for the right-of-way. With this plan, the proposed extension of Milam would pass adjacent to the western edge of the park and then curve to the east through portions of the park not covered by the court rulings.

"Many feel we don’t have the kind of representation that will protect our lifestyle, the reasons we moved to the Black Forest," Schinderle said.

BFCC president Eddie Bracken, a retired Air Force major general, described the contentious situation regarding the major corridors plan as "frontal combat with the county over transportation. This is a watershed moment for our community."

Schinderle said the Future Options Committee plans to form several subcommittees and review research from the 1970s and 1980s regarding possible Black Forest incorporation. They are also in contact with the Colorado Municipal League. Schinderle said some of the issues include what services are legally required, what potential revenue sources are available, and what the boundaries should be for a possible Black Forest municipality.

The BFCC has also formed a separate transportation committee headed by Phil and Barbara Hosmer to provide a rapid unified response to the county on transportation issues and in particular the major transportation corridors plan.

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The Black Forest Community Club was formed in the mid-1920s. Its bylaws state, "The purpose of the BFCC is to promote community among the residents of the Black Forest; to promote interaction among its members; to provide a place: for social and intellectual growth, for the dissemination of information, for discussion of public affairs, and for entertainment and social activities; to obtain local improvements; to assist in the preservation of the Black Forest; and to provide a point of contact for issues affecting the Black Forest."

The BFCC meets the second Thursday of each month at 7:30 p.m. at the Black Forest Community Center near the corner of Shoup and Black Forest Roads. The next meeting will be May 13. There is more information on the club and the center at http://www.blackforest-co.com/bfcc/.

Gary Schinderle can be reached at 495-1809. Larry Stanley can be reached at 495-7825. The Hosmers can be reached at 495-3948.

There were two items of particular interest to residents of northern El Paso County at this month’s meeting: Forest Lakes and Wal-Mart.

On May 16, 2002, the El Paso County Board of County Commissioners (BOCC) approved the Forest Lakes PUD zone change and preliminary plan. This is a 1,070-acre property, including 467 dwelling units, a 10-acre school site, utility tracts, roads, trails, open space and two parks. It is located west of the railroad tracks and north of Baptist Road. Filing No. 1 consists of 33 single-family lots, an elementary school site, a park site, and an open space tract of 135.5 acres. Initially, water will be supplied by a well and central water system; ultimately, the water source will be surface water from Beaver Creek and Beaver and Pinon Lakes on the property.

A development agreement between Forest Lakes LLC (the developer), Forest Lakes Metropolitan District (the provider of services), and the BOCC provides for participation in off-site infrastructure improvements. In particular, these are the extension of Mitchell Avenue and a two-lane grade separated rail crossing on Baptist Road. The agreement caps the amounts the developer and/or the metro district will pay at $117,126 for Mitchell Avenue and $572,591.28 for the railroad crossing.

The Wal-Mart zoning change and preliminary plan is scheduled to be heard by the planning commission at a special meeting on May 11. This will be the only item on the agenda that day. The location of the planned Wal-Mart Supercenter is directly across Baptist Road from King Soopers.

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The county planning commission normally holds hearings on the third and, if necessary, the fourth Tuesday of each month. The next regular meeting of the planning commission will be May 18. The agenda will be posted at http://adm.elpasoco.com/planning/Agendas/PC/PC-Agn.asp. The hearings begin at 9 a.m. in the 3rd floor hearing room of the county building, 27 E. Vermijo, Colorado Springs.

At the El Paso County Water Authority’s regular monthly meeting April 7, Suzanne Paschke, a research hydrologist with the U.S. Geological Survey (USGS), announced that the USGS, in partnership with the state of Colorado, has been authorized to conduct a three-year Denver Basin study to understand groundwater flow and storage, evaluate and predict changes in aquifer levels, and evaluate the monitoring network.

Of the 32 proposals submitted last August, this project was one of three picked for funding. The other funded projects were in central California and the Carolinas.

A main focus of the Denver Basin project is development of a three-dimensional flow model, with explicit modeling of each layer including the alluvial. That will be calibrated against a variety of existing data, including logs for 4,400 wells and the research results produced by Dr. Bob Raynolds (see front page article in the April 3, 2004 issue of OCN).

One of the anticipated results of the model will be particle travel times. The model results will be compared with the measured age of water drawn from a variety of wells. Water age is estimated using radiocarbon dating and by measuring the amount of dissolved gases. Once the model has been validated, it will be used to predict anticipated changes in water levels, storage capacity, and stream flow to the year 2100.

The USGS has a network of 260 Denver Basin monitoring wells. Part of the project is to evaluate the effectiveness of that network and to identify existing or inactive wells to be added to the network to improve its effectiveness.

Paschke said the state’s role is to coordinate data collection. The USGS will focus on modeling.

When asked about inclusion of data for private wells, Paschke said, "I would be interested in talking to people about that. There are anecdotal stories about dropping levels." The Protect Our Wells organization is conducting a survey of local private wells.

In other business, Gary Barber, consultant to the water authority, discussed possible formation of a water conservation district along the Front Range. He said water conservation districts are formed by the legislature. Funding requires voters to approve a property tax mill levy. There are currently three water conservation districts in the state: the Colorado River Conservation District, Rio Grande Water Conservation District, and the Southwestern Water Conservation District.

Barber said the new conservation district would extend from Denver to northern El Paso County. The exact boundaries are still be negotiated. The water authority unanimously voted to support the concept of the proposed conservation district.

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Founded in 1998, the water authority is composed of 19 water system operators in the county, including the towns of Monument and Palmer Lake, the local Donala Water and Sanitation District that serves Gleneagle, the Forest Lakes Metropolitan District intended to serve the Forest Lakes area, Triview Metropolitan District that serves Jackson Creek, and Woodmoor Water and Sanitation District. Even though the county is not a water service provider, it is a member of the authority, contributes $27,000 annually, and donates a variety of services including administration of the master plan consulting contract with John C. Halepaska and Associates of Littleton. While liaison is maintained with Colorado Springs Utilities, it is not a member of the authority.

The water authority normally meets at 9 a.m. on the first Wednesday of each month in the 3^rd floor hearing room of the county building, 27 E. Vermijo, Colorado Springs. The next meeting will be held May 5.

For more information on the water authority and the water report, contact the county planning department at 520-6300. The water report is posted at http://adm.elpasoco.com/planning/water_report.asp.

Suzanne Paschke with the USGS can be reached at (303) 236-4882, x352, spaschke@usgs.gov. The USGS Web site is http://co.water.usgs.gov.

For more information on the Protect Our Wells organization, contact Larry Stanley at 495-7825 or visit the Web site, www.protectourwells.org.

The regular quarterly Baptist Road Rural Transportation Authority (BRRTA) meeting was held April 9. County Commissioner Jim Bensberg was absent. The BRRTA board is composed of three county commissioners (Bensberg, Chuck Brown, and Wayne Williams) and two Monument Board of Trustees representatives (Mayor Betty Konarski and Trustee Byron Glenn). This was Konarski’s last meeting as a BRRTA board member. In the April 6 election, Glenn succeeded her as mayor.

Conner Shepherd, BRRTA project manager, distributed copies of an accountant’s report for calendar year 2003. Total budgeted expenses for 2003 were $321,300. Actual expenses for the year totaled $91,640. The largest discrepancies between the budgeted and actual expenditures were in the areas of engineering services, legal services, accounting, and district management.

For engineering, $190,000 was budgeted; actual expenses totaled $45,570. Shepherd attributed the wide disparity to delays in the engineering work due to switching consultants from Loris and Associates to Post, Buckley, Schuh, and Jernigan (PBS&J).

Legal services were budgeted at $5,000, but actual expenses were $15,679. In addition to preparing the new engineering contract, the district was involved in negotiations over the Creekside Middle School impact fee levied against Lewis-Palmer School District 38.

Accounting was budgeted at $3,000 but actual expenses were $5,969. During 2003, BRRTA switched accountants from R.S Wells to BKD.

District management had $20,000 budgeted, but actual expenses were $22,725.

District revenue for 2003 was budgeted at $105,000; actual revenue was $192,303. Shepherd attributed the deviation to the unanticipated receipt prior to the end of the year of the impact fee for the Home Depot store.

Due to higher than expected revenues and lower than expected expenditures during 2003, the fund balance grew from $333,037 to $433,700. The adopted 2003 budget had called for the fund balance to decline to $65,551.

The budget for 2004 calls for engineering expenses of $475,000 and a resulting decline in the fund balance to $88,949.

Mike Davenport, assistant Monument town manager and town planner, said he expects applications for about 100 new houses in Jackson Creek and for the Wells Fargo branch in the Monument Marketplace.

Williams announced that county staff is reviewing the revised traffic study for the Wal-Mart proposal. Regarding the extension of Jackson Creek Parkway south of Baptist Road to serve the Wal-Mart, Konarski remarked to Williams, "Half of that road is in town limits, and we have not been contacted."

Brown said the remaining property needed to extend Baptist Road to connect to Hodgen Road at Highway 83 is being appraised. He said, "Maybe mid-year, we [the county] will have that property. That connection will be another generator for traffic down through here [Baptist Road]."

Deana Bakkar, county contracts administrator, reported that the contract with PBS&J is being finalized. Stephen Sandvic of PBS&J reported that they have received a notice to proceed. They are collating data from Loris, CLC Associates—who did the traffic analysis for the Monument Marketplace project and the Wal-Mart proposal—and prior work PBS&J did for the Colorado Department of Transportation (CDOT). He added the overall modeling work was already done for CDOT.

At the request of James Hunsaker of law firm Grimshaw & Harring, attorney for the district, the board unanimously ratified the PBS&J engineering contract and approved intergovernmental agreements with the county regarding the engineering work.

Hunsaker reported that inclusion of additional Forest Lakes parcels will be considered at BRRTA’s July 9 meeting.

The following slate of officers was unanimously approved:

President – Commissioner Williams
Vice President – Monument Mayor Glenn
Secretary-Treasurer – Commissioner Brown
Assistant Secretary-Treasurers – Commissioner Bensberg and a Monument Trustee to be appointed to BRRTA.

Duncan Bremer, former county commissioner and a current Highway Advisory Commission (HAC) member, reported that the HAC met with the Colorado Springs Citizens Transportation Advisory Board to develop recommendations on the priorities of various roadwork projects. These recommendations will be used in presenting the November ballot issue on formation of a countywide rural transportation authority (RTA) funded by a 1 percent sales tax.

Bremer said all of the Baptist Road projects were included in the top priority group of 85 projects. He added, "The RTA board would decide which projects get funded and in what order. We don’t want to tie their hands." Bremer said the RTA board would be composed of elected officials from the county and participating municipalities.

Brown added that 25 projects would be listed on the ballot. He said, "Those would be moved around as engineering, design, and right-of-way acquisition are available. There would be some flexibility on how projects would be done."

Williams said, "The needs across the county vastly exceed what would be brought in by the RTA 1 percent sales tax." He gave as an example intersections that cost $40 million. Williams added that there is a statutory limit on the total tax burden, so if the 1 percent sales tax for the RTA is approved, BRRTA would be precluded from seeking an additional sales tax within the district.

Ridge at Fox Run resident Ronald Henrickson asked, "Would the RTA supercede BRRTA?" Williams responded that the intent is to collect the BRRTA impact fees for new developments within BRRTA’s boundaries. He said there would be an equity issue if current Jackson Creek homeowners paid a BRRTA fee and future ones did not. He added, "When development is completed, we might dissolve BRRTA." In the course of the discussion, Williams inadvertently referred to Baptist Road as "Wal-Mart Road."

At the end of the meeting, Williams made a motion thanking Konarski for her insight and counsel.

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BRRTA meetings are held the second Friday of the first month of each quarter. Notices for the meetings are posted not less than 24 hours ahead at the Monument Town Hall, the Baptist Road King Soopers, and the County Office Building, 27 E. Vermijo, Colorado Springs.

The next meeting will be held Friday, July 9, 2:30 p.m., in the 3rd floor hearing room of the county building, 27 E. Vermijo.

The last meeting of the year will be held Friday, Oct. 9, 2:30 p.m. at Monument Town Hall, 166 2nd St., Monument.

Articles on prior Baptist Road-related meetings are posted at www.ourcommunitynews.org/top_stories.htm#baptist. There is also background info at http://adm.elpasoco.com/transprt/baptist_rd.asp and www.coalitiontlc.org/baptist_road.htm.

To get more information and provide comments on the Baptist Road Improvement Project, contact:

Sheriff Terry Maketa and 14 members of his senior leadership gave a spirited presentation that explained new programs, crime statistics and patterns, and ways to prevent crime to an attentive and supportive audience of over 60 people at the Gleneagle Golf Club on April 6. Despite a recent spate of windshield vandalism in Gleneagle in March and mailbox bashing in Woodmoor in late April, Tri-Lakes and Black Forest have little crime compared to the rest of the county. Drug-related crime is very low, but empty and isolated buildings in the rural areas are increasingly vulnerable to becoming drug labs.

The message from every presenter was that they want to be notified of even "small" crimes and that no information or complaint is too trivial. All county enforcement officials want to know what crimes are occurring, not only because they want to do their best in serving the public, but also because the statistics help them get federal and state grants for crime detection and prevention. Monument crime statistics were not presented because the town has its own police department.

Crime Prevention: Lt. Todd Evans gave the main presentation on crime prevention in the Woodmoor, Gleneagle, and Black Forest districts. Although these three districts comprise 15.4 percent of the county’s population, the numbers of cases recorded were 420 (2.4 percent), 548 (3.1 percent), and 555 (3.2 percent) respectively out of 17,527 cases countywide in 2003. Evans said there is no particular crime pattern in the region, but he did make some generalizations regarding vehicle-related thefts. In Gleneagle, they are more the result of windows being smashed, while in Woodmoor they tend to occur in unlocked cars. In Black Forest, it’s roughly half and half. Attention-getting visible items in victimized cars are purses, wallets, checkbooks, and stereo equipment, as they are in many burglaries.

Half of area burglaries result from unlocked doors and windows, half from forced entry. As with cars, if the following can be seen through a window in a home, they often precipitate a burglary: X-box computer games and other computer equipment, liquor, and weapons. In rural areas, burglars may ring doorbells to see if people are home, and then look for unlocked doors and windows for easy access, which Evans classified as "opportunity crimes." As with cars, lock everything and make sure high-value items cannot be seen through a window to attract a "smash-and-grab" theft. Construction burglaries are more prevalent in Tri-Lakes than elsewhere in the county, accounting for about 25 percent of all burglaries in these three districts.

Evans also listed vehicles most likely to be stolen: Ford/Chevy/GMC/Dodge pickup trucks, Honda Civics, and all-terrain vehicles. The latter are especially vulnerable if trailer-mounted, because trailers are highly prized targets of theft. It is very easy to remove a trailer’s serial number and re-register it as "home-built." Typically, coupler and tongue locks are only slightly discouraging to a trailer thief. In far too many cases, trailer owners do not know that their trailers have been stolen, because they are stored in remote locations on the owner’s or someone else’s property.

Every speaker emphasized that lack of reporting is a serious problem because it prevents investigators from identifying patterns of criminal activity. Several attendees said during the presentation or in conversations afterward that they or their neighbors have failed to report "minor" incidents that then rapidly accumulated into serious crimes. Multiple misdemeanors become felonies when they can be tied to a single individual. Citizens should not be discouraged if someone does not take the report instantly; it will be taken as soon as possible. In addition to active officers, three retired volunteers known as the "Apple Dumpling Gang," take reports.

Evans recounted a citizen’s tip that solved the windshield vandalism cases in Gleneagle. Slingshots were wielded by three individuals from Pine Creek High School, and one perpetrator’s girlfriend who lived in Gleneagle tipped off police. This information enabled Sheriff’s Office investigators to tie a number of separate cases to these individuals, which allowed for stronger prosecution at a higher level of crime than just a single broken windshield would have justified in court.

Commander Brad Shannon reported on violent crime in this area: There have been 12 sex crimes in the past year (April 1, 2003-April 1, 2004), four against a child and eight against an adult. There are 17 registered sex offenders living here, out of 238 in the county. Of 621 assaults reported to the Sheriff’s Office, 60 occurred in the Tri-Lakes area.

Patrol Division Sergeant Kevin Acre discussed the difficulties that are coming to the area due to construction on Baptist Road. He introduced volunteer Reserve Deputy David Fell, who he said performs traffic enforcement, drawing a round of applause from the packed house. Acre noted that one-third of traffic complaints (233 of 741 phoned in during 2002, and 194 of 621 in 2003) come from this area. He also discussed the likelihood of increased traffic, speed, and aggressive driving on Gleneagle Drive as frustrated motorists seek to avoid delays at Exit 158 of I-25. Deputy Chris DeStefano talked about the speed box set up on Gleneagle Drive in recent weeks. It records statistics on detected speeds, how much vehicles slow down as they approach the radar unit, and also how much they accelerate back above the speed limit going away. He added that far too many resume their original speed as soon as they pass the speed box, but this data helps them plan where to deploy traffic officers to apprehend the most speeders.

A major attention-getter of the evening was a listing of the top 10 aggressive driving areas in the county. Confirming what many in the room already suspected, Highway 83 from County Line Road to Hodgen Road ranked number one, followed by the intersection of Higby and Furrow Roads, and the surrounding area.

Coordinator Cindy Corsaro asked all in attendance to work with their homeowners associations to set up Neighborhood Watch committees and also to organize and update area citizen e-mail lists so she can send them "Neighborhood Newsletters" and special crime alerts. She also distributed handouts on Neighborhood Watch, home security surveys, and auto theft prevention. Sheriff Maketa and Chief Paul Zani thanked all the attendees individually, shaking hands with them as they departed at the end of the evening’s presentation.

Contact Information: Traffic complaints should be made to 520-7192. The Web site for crime alerts and statistics is www.shr.elpasoco.com. Because criminals often return to a former meth lab location, citizens were encouraged to call the County Assessor’s Office at 520-6600, to check if such a lab was found at a particular address in the past two years. Motivated citizens can help Corsaro create notification lists or start a Neighborhood Watch group by calling her at 520-7151.

Byron Glenn became the new mayor and five trustees were elected to Monument’s Board of Trustees (BOT) at elections held April 6. Seventy-seven ballots were cast, which is only 3.3 percent of the 2,317 registered voters. Well over twice as many votes were cast by "old town" residents than in Jackson Creek: There were 56 votes cast at Town Hall out of 1,155 eligible voters and 21 votes cast at Creekside Middle School out of 1,162 eligible citizens

Two trustee incumbents were successful in gaining reelection: George Brown received 55 votes and Frank Orten 51 votes. Both previously appointed trustees were also elected: Dave Mertz, former Planning Commission chairman, got 55 votes; and George Case, a former Police Advisory Committee member, got 45 votes. Gail Drumm secured the final trustee position with 52 votes. Leon Johnson lost after receiving 38 votes. Glenn was an incumbent trustee, so the BOT will appoint a sixth trustee to fill that position, which was not officially vacated until the BOT accepted Glenn’s resignation at its April 19 meeting. Volunteers are being sought for this position.

Mayor Betty Konarski is stepping down even though she was eligible for another term. She was elected on Sept. 11, 2001, along with Glenn during a recall election that ousted Mayor Leon Tenney and Trustees Skip Morgan, Kristi Schutz, and Steve Wilcox.

At its last session before the elections, the Monument Board of Trustees (BOT) held only a regular meeting. Mayor-elect Byron Glenn honored the contributions of Mayor Betty Konarski, who did not run for reelection, and Trustee Glenda Smith, who is term limited, presenting them with bouquets. The BOT approved the annexation of Kerr Addition No. 1 and a number of routine payments for public works projects. George Brown was absent.

Monument business owner John Dominowski was appointed to the Police Advisory Committee (PAC) as a nonresident alternate by 5-1 vote. Smith voted no. The newly approved alternate position on the PAC and Parks and Landscape Committee help each to reach a quorum. Alternates may vote if there are not five residents in attendance. Dominowski also showed the BOT the T-shirts that will commemorate the town’s 125th anniversary on July 3. By a vote of 4-0-2, the BOT approved a request for $5,000 for anniversary activities from the town’s Community Development Fund. Konarski and Brown abstained, as they serve on the anniversary committee. The total budget for these activities is $9,600.

Town water attorney Robert T. F. Krassa, of Krassa and Miller, LLC, was reappointed unanimously for another year. For medical reasons, Krassa was unable to attend. The firm has been providing this service since 1982. Public Works Supervisor Tom Wall reported that Krassa had received approval on April 2 from the state engineer’s office for the town’s Substitute Water Supply Plan to refill Monument Lake. Refill would require 469 acre-feet of water in order to limit the actual lake surface to no more than 46.3 acres. Evaporative losses are estimated at 102.7 acre-feet annually. Water would be purchased from Colorado Springs Utilities (CSU) under a new contract that has not been completed. Konarski noted that she will appear before the Colorado Springs City Council to request purchase once Krassa finishes writing the request. She also reported that she had gained 100 percent support for the plan from the El Paso County Board of County Commissioners and will be receiving a letter to that effect from Commissioner Chuck Brown. She further noted that nothing can happen until there is substantial water flowing in the creek even with CSU approval, and recommended that the town pursue a one-time full refill at that time. The substitute water plan is only approved by the state for one year and must be renegotiated 90 days prior to its expiration in April 2005, should the drought continue and not allow diversion from Monument Creek.

Trails End Subdivision Presentation

Kim Catalano gave a presentation on his plans to seek annexation for a residential, and possibly commercial, development just south of the town’s current boundary, between Old Denver Highway and the railroad tracks. The 45-acre parcel is adjacent to the Santa Fe Trails and Village at Monument subdivisions. The small commercial portion on the southeast portion of the parcel is adjacent to the commercial area in the Village at Monument. Nearly half of the land is proposed for open space due in large part to potential habitat areas for the Preble’s meadow jumping mouse. There would be 13 acres of undeveloped open space west of the railroad track. The town would be asked to provide water for the Trails End subdivision, unlike other recent and projected annexation proposals. Houses would range from $150,000 to $275,000.

Most of the proposed lots are substandard in size, even though the average for the 45 acres meets regulation minimums. There are 50 3,375-square-foot lots, 41 5,000-square-foot lots, and 14 7,150-square-foot lots. Trustee Dave Mertz expressed his unhappiness with this kind of single-family home density within town limits. No member of the BOT expressed a position on simultaneous initial and final plat approvals.

If the commercial area is used for construction of a new tax-exempt Abundant Life Church building, as is currently planned, there is no possibility for the subdivision to generate sufficient tax revenue to pay for required town services. Church representative Kenneth Kale said they would propose to build the new church in three to five years. It would lie on a 2.07-acre lot on Old Denver Highway next to the southern boundary of the Village at Monument. Trustee Byron Glenn observed that Old Denver Highway would have to be significantly improved before a church could be constructed and that all open planning issues would need to be defined in writing before the town could consider moving forward with any formal annexation process.

The 1.93-acre lot south of the proposed church, with equally narrow frontage on Old Denver Highway, would be passive open space because it would be mouse habitat along the north shore of Teachout Creek. The 3.93-acre lot west of these two lots is proposed to be a non-irrigated public park, to be owned by the proposed subdivision’s homeowners association. The developer has proposed land dedication, but Glenn suggested cash-in-lieu to help pay for land for Limbach Park.

The proposed town requirement to provide water to the annexed land may be problematic in the short run until the actual production and allocation of water by the new town well 9 is proven and formally adjudicated by the water court.

In the interim, the number of taps the town can provide to the Trails End subdivision from well 7 is short by 28 to 30 single-family-equivalent taps, according to Public Works Supervisor Tom Wall. It could be 18 months before water from well 9 could actually be used. Town well 7 can provide 88 additional taps in the future, but each of these is already allocated to the two adjacent subdivisions currently under construction. Catalano has offered up to $200,000 toward construction costs for water access if the town meets his timetable for annexation, rezoning, and plat approval. He also proposed giving the town 6 to 8 acre-feet of the parcel’s 65 to 69 acre-feet of water rights from all four aquifers. Wall and Catalano assume that well 9 will have enough excess physical production capacity to supply Trails End as well as currently planned in-town requirements. Wall added that well 9 will fulfill all the water needs of remaining undeveloped land within town limits.

The other major proposed annexations do not require town water. The Wahlborg addition would get water from the Woodmoor water district, and the Walters addition would be supplied water by Triview.

The developer is anxious to move forward with approval and construction, but there are a number of unresolved issues such as drainage, usable open space, and the actual extent of mouse habitat (up to 40 percent of the parcel) that may cause problems once the state-mandated, tightly constrained annexation and rezoning timetable is initiated. The developers of Santa Fe Trails and Village at Monument are currently involved in lawsuits regarding drainage and dangerous erosion under the ties along the east side of the railroad tracks and related uncontrollable mudslides onto the property of Mike Watt, who owns the agricultural-zoned parcel between the subdivisions and Soc ‘n’ Roll.

John Kerr’s petition for annexation of his property bounded on the east by the railroad tracks, the south by Second Street, the west by Mitchell Avenue, and the north by the Third Street right-of-way (currently the driveway to Mountain Farmer) was approved unanimously. Kerr proposes to build a commercial wholesale building on this parcel to relocate his Present Perfect Gifts business from Colorado Springs. The building’s exterior will look like a commercial office building. Kerr has met all town requirements for changes requested in previous reviews and hearings for downtown B zoning (business). The B zone was extended to the lake by revision to the Comprehensive Plan. Future approvals for Kerr’s property will now be handled by the staff.

Kerr agreed to reposition the building 5 feet west, away from the tracks, in order to provide space for more landscape buffering from the rest of downtown. He also eliminated a portion of the proposed parking lot immediately in front of the building in order to locate a septic system there, since there was no cost effective way to obtain sewer service from Monument or Palmer Lake. If sewer pipes are ever constructed within 400 feet of the building in the future, Kerr is obligated to build a connection. Annual water use is expected to be 2.25 acre-feet from the Denver Basin aquifer, comparable to a single-family home. A detention area on the property will mitigate drainage problems.

The board unanimously approved the annexation, rezoning, and plat for the Kerr addition and all accompanying ordinances.

By a 6-0 vote, trustees approved an ordinance allowing Lawrence Hicks to run his kiosk business in front of the foyer of Foxworth-Galbraith. He also plans to have similar outlets in Gleneagle and at the Air Force Academy. His application for a Monument business license was also approved.

Intergovernmental Agreement (IGA) with Regional Building

The board unanimously approved an amendment to the IGA between the Regional Building Commission and its constituent municipalities, which are Colorado Springs, Monument, Palmer Lake, Manitou Springs, Fountain, and Green Mountain Falls. The amendment enables Regional Building to maintain a capital reserve fund of $2.9 million for unforeseen expenses at its soon-to-be-occupied new building. The amendment also allows Regional Building to adjust the implementation date of its new permit fee schedules from other than Jan. 1 of each year. Regional Building is a joint regulatory agency that provides regional standardization of building code enforcement formed under the Colorado Constitution.

Valley Ridge Subdivision Improvement Agreement amended

The warranty period for the subdivision’s streets, sidewalks, associated drainage, and auxiliary structures was extended from two to three years. The extension was recommended by town consulting engineer GMS, Inc. and would provide additional protection for the town and residents because of unexpected cold weather during construction. The vote was 5-1, with Smith voting no.

Layne-Western Company’s lowest bid of $262,800 was unanimously approved by the board.

The report was approved unanimously. Trustee George Brown commended Treasurer/Town Clerk Judy Skrzypek for the quality of her reports. Other trustees concurred. Although not discussed, her status report recommends better software for water billing and business licensing, as well as electronic fund transfer payments through Wells Fargo Bank for water bills. There were no disbursements over $5,000.

Jan Winkler was selected to perform the appraisal on the three parcels that the railroad is offering the town. Two parcels are west and south of the current park boundaries. The third parcel is west of the railroad tracks, south of Second Street and east of Mitchell Avenue. Winkler’s fee will be $4,000-$4,250, depending on the type of report required for the southern parcel along Front Street.

Change Order for Booster Pump Station Upgrade Project Approved

GMS, Inc. negotiated a reduction in the previously approved change order cost from Layne-Western. Originally the change order cost was about $28,000; it is now $21,072. Approval of the lower cost order was unanimous. In a separate action, an interim payment to Layne-Western of $39,403.93 for this ongoing project was unanimously approved.

The board unanimously approved a payment of $14,927.40 to Western States Reclamation for habitat construction at the empty lake. The contract provides for mouse-friendly plantings at the lake and Dirty Woman Creek Park. The funds come from the 2003 Water Capital Improvement fund.

The board unanimously approved a partial payment of $75,659.16 to Applied Control Equipment, LLC for supervisory control and data acquisition (SCADA) equipment used to monitor water production and distribution by Public Works.

The board unanimously approved a purchase order for $7,340 issued to MacDonald Equipment Company for a new 10-foot box spreader with a stainless steel hopper. Wall recommended buying it now to avoid a price rise expected due to escalating steel prices.

Pay Request for Mitchell Avenue Bike Lane and Santa Fe Trail Changes Approved

Trustees unanimously approved a payment of $3,816.62 to GMS, Inc. for additional engineering services requested by the town for these two projects. Planning Commissioner Skip Morgan suggested that the trail intersection traffic lights on Second and Third Streets be changed from normally green to normally flashing yellow ($2,119.94). Changes in drainage and striping for the bike lane cost $1,696.71. A state grant covered 80 percent of these expenses; the town’s share was $763.33.

Woodmoor resident Scott Saunders wrote to the town planning staff on March 8 regarding his concerns about the proposed Baptist Road Wal-Mart. Saunders indicated that the town could make stronger comments and recommendations to the county planning commission that would improve the appearance and landscaping of the proposed superstore. He asked that the town research the ability to require a more upgraded façade than the one proposed, to parallel the quality of the Safeway store in Woodland Park. Town Planner Mike Davenport circulated copies of the upscale façade on the Wal-Mart in Durango, noting that a Walton heir living in Durango specifically requested this exception to company standards.

In response, Davenport reported that the town does have some indirect approval authority over Wal-Mart through the Baptist Road Rural Transportation Authority (BRRTA), since the mayor and a trustee are on the BRRTA board and have a say in road construction along the parcel’s north boundary. BRRTA has no direct power to review and approve land development, however. Triview Metropolitan District can act independently in providing water to Wal-Mart, in accordance with the intergovernmental agreement it has with the town.

Davenport also concluded that the western half of the proposed Struthers Road, a southward extension of Jackson Creek Parkway, lies within Monument town limits. This land was purchased by the Colorado Department of Transportation (CDOT) from developer Steve Schuck for mouse mitigation related to improvements at interstate exit 158. Thus, indirectly, Monument would have a say in road improvements in front of the Wal-Mart parcel as well as along Baptist Road.

Konarski noted that this was pointed out to Wal-Mart and CDOT 18 months ago, but the county and state have said nothing in reply. Davenport said that CDOT sees it as their land and thus exempt from oversight by Monument or the county. The county has given no input to the planning staff on its position in the six months since Davenport’s additional request. Konarski quipped, "We’re the gnat on the elephant’s behind." Mertz suggested that Davenport re-submit the town’s concerns in a letter describing the town’s full history with the Wal-Mart project.

Sonnenburg reported that work on the definition of "permanent residence" was not yet complete with regard to the controversy surrounding off-season occupancy at Ernie Biggs’ Lake of the Rockies trailer park. Permanent residency at the campground has always been specifically prohibited by the town plat, even as recently amended. However, there is no ordinance prohibiting ongoing off-season occupancy. The term must be clarified in order to write an ordinance that will be enforceable by the Monument Police Department and will also hold up in court. Biggs is expected to fight enforcement of an ordinance prohibiting permanent residence. Voters "permanently residing" at the Lake of the Rockies Campground have in the past registered to vote in Monument.

Town Attorney Gary Shupp reported that depositions are being taken for the Transit Mix concrete batch plant lawsuit against the town by Kalima Masse.

The board unanimously approved an advertisement for a new member for the town’s Board of Adjustment.

Police Chief Joe Kissell reported that the town has been given 600 gunlocks to be given away free to town residents to promote improved gun safety in the home. The town of Palmer Lake gave away over 100 locks on April 5. Monument residents are urged to contact the Police Department if they can use one of these locks.

The town of Monument has been named a Tree City USA by the National Arbor Day Foundation for the year 2003, to honor its commitment to its community forest. It is the third year in a row and the 10th year Monument has received this national recognition since 1981. The foundation, in cooperation with the National Association of State Foresters and the USDA Forest Service, sponsors the Tree City USA program. Monument Town Manager Rick Sonnenburg stated he wished to thank Public Works Superintendent Tom Wall, Street/Parks Foreman Ray Fisk, and Fisk’s crew for their hard work and dedication in again accomplishing this goal.

The next BOT meeting was scheduled for April 19.

Trustee Byron Glenn’s resignation from the Monument Board of Trustees (BOT) was accepted unanimously at their meeting on April 19 at Grace Best Elementary School. He was then sworn in as mayor by Town Clerk/Treasurer Judy Skrzypek. Re-elected Trustees Frank Orten, George Brown, Dave Mertz, and George Case and newly elected Trustee Gail Drumm were also sworn in by Skrzypek. Glenn reciprocated by swearing in Skrzypek. Orten and Skrzypek will serve two-year terms; the others will serve for four years. Orten was unanimously approved as mayor pro tem and also unanimously approved to become Monument’s alternate representative to the Pikes Peak Area Council of Governments (PPACG). Mertz was unanimously approved to replace Former Mayor Betty Konarski on the Baptist Road Rural Transportation Authority.

Volunteers are being sought through newspaper advertisements to fill Glenn’s vacated trustee position. The BOT will select a candidate to fill a two-year appointed term.

Konarski and former Trustee Glenda Smith received plaques and copies of resolutions praising their service to the town. Both expressed satisfaction with their times in office and thanked those they had served with, commending them for their achievements in what is "not an easy job." Tri-Lakes Chamber of Commerce President Bonnie Biggs thanked both for their contributions to the community.

Town Planner Mike Davenport recommended the BOT hold this hearing on June 7 to satisfy Colorado law that requires a hearing within 60 days of the property being determined eligible for annexation. The BOT approved unanimously.

Kyle Logan of Swanhorst and Cutler gave the town a clean opinion, in accordance with generally accepted accounting principles, in their audit for 2003. He praised Skrzypek for having such thorough and accurate documentation that he could make his report so early in the year. He made some recommendations to improve record keeping and suggested the town have two people prepare tax/utility bills and record payments. The report was unanimously approved.

A request by Rick Blevins of Vision Development, Inc. for concurrent (preliminary and final) review of plans for Lariat Ranch Filing 3 in Jackson Creek was narrowly approved by a 4-2 vote, with Mertz and Drumm voting no. Mertz told Blevins that as chair of the Planning Commission and as a trustee, he had been asking Blevins for over three years for Vision Development’s plans for parks, trails, and open space that were required following adoption of the town’s new Comprehensive Plan. Mertz said he told Blevins at the June 11, 2003, meeting—when the Regency Park rezoning was approved, allowing Vision Development to build out Jackson Creek—that he would no longer approve anything they propose until their parks, trails, and open space plan is presented and approved. Mertz reminded Blevins that Planning Commissioner Kathy Spence had said the same thing when the commission approved Monument Marketplace. Glenn said he wanted to see a plan too.

Blevins replied that Jackson Creek has 18 percent open space, more than the minimum 12 percent required. The planned "field of dreams" athletic complex was lost when the space allocated for it was determined by U.S. Fish and Wildlife Service to be mouse habitat. He said they will redesign the master plan as they build north to add parks. Davenport said the town was not in a strong position due to vesting of Jackson Creek in 1997 before Fish and Wildlife made their habitat declaration in 2001. He asked Blevins to provide the latest mouse map before the next BOT meeting.

Plans for Monument Rock Business Park to be considered concurrently

A request by William Guman and Associates for concurrent preliminary and final review of plans for the 4.27-acre Monument Rock Business Park, on the northeast corner of Mitchell Avenue and Synthes Avenue, was approved unanimously.

The Kerr Addition annexation was approved by a vote of 5-0-1, with Drumm abstaining since he was not a trustee during any of the previous hearings on the annexation. John Kerr will be building a wholesale warehouse for Present Perfect Gifts on the northeast corner of Second and Mitchell, just west of the railroad tracks.

St. Peter K-5 Elementary Approved

Over 30 people were present to observe this hearing regarding opening a private elementary school in the St. Peter Parish Education Center. Trustees expressed concern about the traffic through a 100-year old residential neighborhood during drop-off and pickup times. Currently, plans call for an additional 280 students (14 classrooms of 20 students) to use the facility. The number of additional students proposed was higher in previous estimates but was said at this meeting to have been an error.

A condition of approval was developing a parking and traffic flow plan that controls on-street parking by neighboring homes and Grace Best Elementary School, as well as ensuring that traffic on Second and Jefferson Streets is not brought to a standstill during peak hours. The town’s and the church’s traffic consultants said their studies for the initial construction of the Parish Education Center were still valid; the town’s planning staff concurred. An ad hoc committee of four representatives will be formed and meet as required over the next few years to prepare, then adjust, this plan as the school grows in attendance. Members will be from the Monument Police Department, the town’s traffic consultant, town planning, and the school.

The trustees and Planning Commission Chair Skip Morgan all spoke in favor of the school, expressing a solitary concern over traffic and parking. Several parents who intend to enroll their children in the fall—mostly nonresidents—earnestly agreed to do whatever was required to minimize traffic and parking problems. The audience was quite restless as the trustees asked architect Brian Bucher a number of questions about traffic flow, playground availability, utility use, alley paving, and screening. The church agreed to provide a screening fence to a neighbor who rents a house from the church. The measure passed 5-0-1, with Case recusing himself as a neighbor of the school building.

The BOT approved the rezoning of the 5.8-acre area on Baptist Road just east of the King Soopers shopping center, part of Regency Park Amendment 4, from multi-family to retail (PRD-10 to PCD). The rezoning passed 5-1, with Mertz voting no.

There was considerable concern about approving a preliminary site plan lacking detail about building elevations for both the shopping center and residential areas. Trustees expressed the same concerns that the planning commissioners had expressed at their meeting on April 14. Concerns about the 4.3-acre residential portion focused on road width, play areas, grading, and a long steep driveway down from the residences to the shopping center becoming a skateboard raceway. Concerns about the shopping center centered on traffic flow past King Soopers, adequacy of the existing right-in, right-out Baptist Road access—which would now have to serve both shopping centers—and doubling the existing traffic flow to and from Jackson Creek Parkway. Trustees also wanted more data on the effect Wal-Mart would have on Baptist Road access if the superstore is approved. No new access from Baptist Road is possible due to the steep grade east of the existing shopping center access, nor is access from Leather Chaps possible because of neighboring mouse habitat.

Owner and developer Miles Grant, of PRD 10 Development, Inc., withdrew his application for a preliminary plan until he could provide more details to answer the concerns and comments he had received from the planning commissioners and trustees. But he is satisfied that further investment in engineering design is warranted since the town is likely to approve the development eventually. [See the article on the April 14 Planning Commission meeting on the facing page for these issues.]

Paul Lundeen is seeking approval in principle of a kiosk-type retail food business. He will later seek town staff approval for specific locations within town limits, somewhat analogous to a peddler’s license in other municipalities. This would require that the town’s regulation on kiosk businesses be amended. The item was continued to May 3 to allow time to research what regulation changes would be required.

A number of other items were also approved unanimously with little discussion:

The Monument Planning Commission met at Grace Best Elementary School on April 14 and heard citizen comment on the St. Peter Catholic Church proposal to start a private elementary school. The meeting was expected to draw as many as 100 parents; only about 20 attended the session when the K-5 school proposal was conditionally approved. Several comments and concerns, mostly regarding traffic control, were forwarded to the Monument Board of Trustees (BOT) for resolution at its April 19 meeting. In other matters, several previously deferred or postponed changes to the recently approved overhaul of the town’s Zoning and Subdivision Regulations were also discussed. Commissioner Kathy Spence was absent.

There was unexpected turnover again at this tier of town leadership. Chairman Bob Mooney stepped down from the Planning Commission, effective on April 12, saying in his e-mail letter of resignation that "changes in my work environment and a general need to simplify my life have driven this difficult decision." Commissioner Skip Morgan was unanimously elected to replace Mooney as chair.

The commission first held a work session at 5:30 p.m. regarding a pre-application review of the proposed Trails End Subdivision Annexation and Rezoning request and a Zoning and Subdivision Regulations Update. The Trails End presentation by Catalano-Way Group was similar to the one given to the BOT on April 5, giving the developer and the commissioners a public opportunity to exchange views before the tight timeline of annexation begins. [See page 19 for a report on the specifics of this Trails End proposal and its many unresolved, controversial issues.]

A typographical error in the notices the town sent to neighboring property owners said that citizens could comment at 6:30 p.m., which resulted in residents from Shoshone Trails arriving well after the developer’s presentation concluded at about 6 p.m.

Discussion of the many revisions to the Zoning and Subdivision Regulations was not completed during the time remaining in the work session. However the discussion was resumed and completed during the regular meeting.

Public Comments on Trails End Annexation and Rezoning Proposal: Though the subdivision’s developer had left, citizens who came at 6:30 p.m. were allowed to speak. Developer and adjoining property owner Mike Watt addressed the commission regarding drainage and sedimentation problems on his residential unincorporated property between the Soc ‘n’ Roll Indoor Recreation Rink and the Village at Monument subdivision. If annexed, Trails End would be adjacent to Watt’s northern rural property boundary. Like the Trails End parcel, Watt’s property also spans the railroad tracks, though his house and outbuildings are on the west side of the tracks. He said that, as a developer, he is neither for nor against Trails End. He presented complaints and concerns about the town’s inadequate regulation of upstream drainage, sedimentation, and erosion from neighboring Monument subdivisions (Santa Fe Trails and John Laing Homes) to the north. Watt said they have created "huge physical and economic hardships" on him due to drainage issues the town has allowed to develop at these subdivisions and has done nothing to remedy.

Watt claimed additional development on the Trails End parcel will only worsen these problems that include severe and dangerous erosion under the railroad tracks just north of his property. He showed pictures of numerous railroad ties under which there was no ballast whatsoever due to erosion caused by the inadequate drainage. He said the railroad has twice made emergency repairs to restore the stability of the rail bed. He showed a photo he said was taken just after a rainstorm deposited nearly the entire first load of repair ballast onto his property. The second repair, more extensive than the first, appears to have stabilized the risk of derailment but has done nothing to preclude continued washout of subdivision sedimentation along the railroad drainage ditch onto his property by Teachout Creek. He also showed a picture of exposed underground Sprint telephone trunk line cables along the eastern right-of-way.

Watt said sediment from these subdivisions is delivered to his driveway, where it goes under the tracks after every rainfall. He showed pictures of the aftermath of one storm’s sediment deposit, which he said cost over $8,000 to haul away by truck. He has filed lawsuits against the Santa Fe and John Laing subdivisions to recover damages from repeated massive flows of this sediment and said they have made no effort to correct this problem.

Morgan noted that the town had approved these developments and had heard of drainage issues along the railroad tracks, but this was the first time he had seen documentary evidence of how substantial Watt’s problem is. Town Planner Mike Davenport said Town Engineer Tony Hurst and the town’s consultant engineers were trying to determine what corrective measures need to be made. Watt noted there is a significant potential for derailment that would occur next to 125 homes and said that continuing erosion from the Village at Monument and Santa Fe Trails subdivisions is still damaging wetlands, upland habitat, and Preble’s mouse habitat, in addition to destroying his pastures. He displayed photos he said he had taken of collapsed and missing silt fences on clear-cut lots in the Santa Fe Trails subdivision, saying the sediment pond had never been drained. Watt added that the subdivisions’ homeowners associations or the town should treat the standing storm water that is "dumped on his property" for West Nile virus.

Watt also showed pictures of what he said were hay bales that were deliberately placed so as to dam up sediment/detention ponds. These pictures also showed erosion damage caused by drainage from recent rainfalls flowing around, rather than into, these blocked ponds. Morgan and several of the commissioners assured Watt that the town needed to take action to prevent further damage to Watt, before considering the Trails End annexation. So far, Watt has sued the developers. The town has made no offer to compensate Watt for his damages.

Several residents from Shoshone Trails and other nearby areas complained about the density proposed in Trails End, with lot frontages of only 45 to 72 feet. Their primary concern was the extremely high density and minimal separation of the single-family homes on mostly very small, substandard lots. Though other neighbors had hoped to speak, Morgan closed the public comments portion of the meeting at 6:50.

Relocation of Union Pacific Freight Rail Route: Morgan asked Davenport to comment on a remark by Leon Tenney, who said there is a plan for a new north-south freight rail line to be built east of Monument and Colorado Springs as a continuation of new tracks to be built east of Denver. Tenney was inquiring as to whether a passenger train would use the abandoned rails through town. Davenport said studies show that there is no forecast passenger load through 2020 that would justify or sustain passenger rail service along the current freight route. However, he said inquiries are being made into commuter bus service between Denver and Colorado Springs, with a stop in Monument.

Regency Park 4th Amendment Rezoning Proposal: Wendell Ayers of Paragon Engineering Consultants, Inc., in Littleton, presented the most recent version of the proposal contained in a formal application for a preliminary plat and site plan for Jackson Creek Market Village formerly known as Academy View. The 4.3-acre, 40-unit multifamily residential development is proposed to be built on Lyons Tail, northeast of the Baptist Road King Soopers shopping center. Also proposed in this 4th Amendment is a zoning change from residential to commercial for the 5.8-acre portion next to the shopping center. Owner and developer Miles Grant wants to build a second shopping center directly east of this existing center that will look like an expansion, even though it would be built by a different developer. Grant noted that the name of his Littleton company for this subdivision development has a new name, Monument PRD 10, LLC.

Although the commission had heard and approved the previous proposal three months ago, several changes had been made based on their comments and concerns and were being presented again as a courtesy before the BOT hearing of April 19. The subdivision’s private road right-of-way was widened from 30 feet to 40 feet. The latest revision provides 30 foot-wide paved surface, flow-line to flow-line, and adds 5-foot sidewalks. There are now minimum setbacks of 18 feet, and driveways have been lengthened to 20 feet. Parking has increased to 140 spaces, with 56 garage, 56 driveway, and 28 dedicated street parking places for guests resulting in roughly 3.5 parking spaces per unit, well above the minimum average requirement of 2.0. There is no on-street parking, which addresses town concerns about snow-plowing. These new specifications also meet all Triview Metropolitan District regulations.

No play space for children, playground equipment, or play areas were shown on the plan, despite a concern Commissioner Spence previously expressed to Grant. However, the commission unanimously approved and endorsed the changes shown in the preliminary plan and plat, as well as the rezoning of the shopping center portion of the parcel to commercial.

St. Peter Elementary School (K-5) recommended for approval: Architect and St. Peter parishioner Brian Bucher, of Bucher Design Studios, designed the Monument church’s Parish Education Center. He presented the application for approval of this "use by special review," often called a conditional use, on behalf of Father Bob Jaeger, of St. Peter Parish.

The issue was first considered by the commission on March 10, but was continued to allow time to receive additional information regarding the original traffic study performed in 2001. The church’s and town’s traffic consultants reviewed their original findings, which included development that has occurred in the intervening years, and determined that their original findings were still valid and made no additions to their respective studies.

Traffic and parking are the primary concerns of the commissioners, neighboring residents, and town business owners. No one spoke in opposition to any other aspect of the school; there was near unanimous approval of adding the K-5 option. Bucher noted that only 15 to 20 students would be added in fall 2005, and the number of additional elementary students would grow to no more than 280 over time. A traffic consultant, police representative, town staffer, and parish representative will form an ad hoc committee to determine a drop-off/pickup procedure to minimize disruption of local traffic that will eventually double, and perhaps triple, in the neighborhood. However, only members of the police department would have the authority to temporarily restrict existing traffic patterns by using traffic cones and enforcing temporary "rush hour" one-way traffic and parking prohibitions by nonresidents, by writing parking tickets or having cars parked on adjacent residential streets towed away. Likewise, only police officers could close First Street during drop-off/pickup intervals to help reduce the likelihood of children being struck by cars. The commissioners expressed particular concern about parents worsening the existing rush-hour traffic on Second and Jefferson Streets caused by area manufacturing employees and parents of Grace Best students.

Several parents, mostly nonresidents, who want to place their children in this parish elementary school spoke in favor of the proposal, vowing to abide by any traffic or parking restrictions. The use by special permit was approved by a vote of 4-0-1, with Morgan abstaining. As they were leaving, parents and church officials expressed apprehension about what would happen at the BOT hearing on April 19, despite the relatively easy approval by the planning commission.

Wild Bob’s Barbeque: Paul Lundeen of Bosque Verde, LLC, dba Wild Bob’s BBQ, is proposing to operate a hot dog cart at various parking lot locations in Monument, with permission of the property owner, under the new regulations covering this kind of mobile business. He was seeking a general approval by the town of his overall business plan, with the ability to gain approval for specific parking lot locations at a later date from town staff, rather than a BOT approval for each parking lot operation. The cart would be removed from the lot each night.

Commissioners initially expressed concern about creating a loophole in the parking lot kiosk regulations, but settled on approving his application with a condition that no more than three locations could be approved by staff. The required change in the regulation and his application were unanimously recommended for approval.

Jackson Creek Electric Fence Dispute: The commission heard a citizen request from Julie A. and Marie L. McCearley, who live in Jackson Creek, to change a town zoning regulation prohibiting residential electric fences within town limits after the Board of Adjustments decided it did not have the authority to grant their appeal of a town order to remove the existing electrified fence around their Candle Creek Drive residential property. Julie McCearley told the town that the electric fence was installed with approval from Classic Homes, the builder, before she bought the home in January 2000. She said it was needed because her mother, Marie, is highly allergic to animals, and neighbor’s dogs entering her yard were a problem.

Neighbors John and Debbie Warren said they opposed the fence on humanistic grounds. They also were concerned about the negative effect the presence of the adjacent fence and its many warning signs might have on the resale value of their home if they ever had to sell. Initial agreements with the McCearleys to turn off the power to the fence when the Warren children were playing outside have broken down, according to a letter the Warrens sent to the town.

The town received a complaint about the fence in 2001 and first ordered it removed in a letter to McCearley in June 2002.

Commissioner Ed Delaney stated he was unaware of the prohibition and has had an electric fence around the perimeter of his property for over a decade, though it is currently disconnected from a power supply. Morgan said that safe, defensible specifications for low but effective voltage and current ratings should be determined by the town engineer and that staff approval for such fences was appropriate. He noted that the Warrens’ dogs had jumped the fence, reducing the strength of his argument against it.

The matter was continued pending receipt of information from the town engineer on appropriate specifications that deter pets and children from contacting the fence without causing permanent injury. There was consensus that a change in the regulations to allow such fences was appropriate since there are also town officials that are or have been using them.

Changes to Zoning and Subdivision Regulations recommended for approval: The commission unanimously approved changes to the comprehensive update of these regulations that were still pending:

The commission rejected a proposal that would have reduced its authority by allowing the BOT to override the planning commission with less than the two-thirds majority now required for commission decisions. The rejected citizen proposal asserted that planning commissions are less important now than before and that elected officials should have more authority on this small subset of responsibilities than appointed commissioners.

There was a brief discussion about what, if anything, the town could do about the orange color of the exterior of the Home Depot building under construction at Monument Marketplace, since this color violates the developers’ town-approved exterior building specifications.

Commissioner Jim Thresher volunteered to fill the empty commissioner seat on the Board of Adjustments created by Mooney’s resignation, then the commission adjourned.

The Monument Parks and Landscape (P&L) Committee approved several landscape plans for development proposals at its meeting on April 12. All four active members were present. There is still one empty position. The Monument Board of Trustees (BOT) has approved filling empty advisory committee positions with nonresidents who have an active interest in Monument, and the P&L committee agreed to let an alternate fill the fifth position. No applicant for this position has volunteered yet.

Kerr Annexation Revision Approved: John Kerr has incorporated all the previously recommended comments and suggestions from the March P&L meeting in his revised site and landscaping plan for annexation. The amount of landscaping was increased to include the following:

Tuscany Hill Market Revision Approved: Tony Duca of Paisano LLC has incorporated all the previously recommended comments and suggestions from the March P&L meeting in his revised site and landscaping plan for a retail center with a restaurant on Cipriani Loop by Knollwood Drive. A six-foot privacy fence has been added along the south property boundary to screen residences to the south. Some notes were also added to the final PD site plan and landscape plan indicating that exterior lighting should be downward directed only. Signs will be on the opposite side of the building, out of view, from neighboring homes.

BOT Work Session on Trails End Annexation: Town Planner Mike Davenport briefed the committee on Kim Catalano’s presentation to the BOT about his plans to build a 45-acre subdivision, upon annexation and rezoning. The parcel extends from Old Denver Highway west across the railroad tracks and north behind the western boundaries of the Santa Fe Trails and Village at Monument subdivisions. The development would be mostly residential, while the narrow portion by Old Denver Highway is planned for commercial or use by Abundant Life Church for a new, larger building. About 40 percent of the parcel would be open space (mostly mouse habitat), parks, or trails. The 13 acres west of the tracks would all be mouse habitat open space. Davenport noted that the BOT recommended some changes to Catala