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Our Community News
Vol. 4 No. 7 - July 3, 2004

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Contents:

Final public hearing on Baptist Road Wal-Mart July 15

Star-Spangled Weekend

County planning commission meeting June 14

County transportation corridors forum June 17

Monument Board of Trustees meeting June 7

Monument Board of Trustees meeting June 21

Monument Planning Commission meeting June 9

Monument Parks and Landscape Committee June 8

Monument Sanitation District board meeting June 15

Application filed June 30 to dissolve the Monument Sanitation District

Triview Metro Board meeting June 23

Joint Monument Board of Trustees/Palmer Lake Town Council workshop June 3

Palmer Lake Town Council meeting June 3

Woodmoor/Monument FPD flip-flops on merger

Fire districts forge ahead with new plan

Donald Wescott FPD Board meeting June 16

Tri-Lakes FPD board meeting June 17

Woodmoor/Monument FPD board meeting June 28

Lewis-Palmer School Board meeting June 17

Monthly Weather Wrap

Lightning: The Underrated Killer

Letters to Our Community

Commit to a sustainable future for Colorado (Michael Subialka)

Forest Stewardship (Denny McNeill)

More About Abuse of Government Power (Wm. R. Lamdin)

Something is wrong with this picture (Cindy Miller)

Big Dog Gets Their Day (Woody Woodworth)

Letters to the county commissioners about Wal-Mart

Edgar and Elizabeth Dove

Ivan Kosta

Marvin Walters

Marc Stewart

Glenn and Monica Whiteside

T. McKinsey Morgan

Dr. William H. and Leilani Heiser

Susanne Wielgopolan

High Country Highlights: Water Gardens

Bird Watch on the Palmer Divide: Western Bluebird (Sialia mexicana)

The Society Page: Society takes a walk through Palmer Lake history

Special Events and Notices

Independence Day Weekend in Tri-Lakes

July 3 - Monument’s 125th birthday celebration

July 4: Palmer Lake "Lunchtime to Launchtime"

July 5: Downtown Monument

Black Forest Slash-Mulch Site Open

Farmer’s Market Returns to Monument

Free Concerts in Monument’s Limbach Park

Reception for Retiring Stratmoor Hills Fire Chief

Learn about Preventing Diabetes and Stroke

BOCC to Hear Baptist Road Wal-Mart Proposal

Concerts at Tri-Lakes Center for the Arts

Palmer Lake Historical Society’s Sizzling Summer Events

BOCC Hearing for Forest Lakes

Storytelling Festival

Down Syndrome Buddy Walk in August

Blood Drive in Gleneagle

the PDF file. This is a 11.7 Mbyte file and will take about 68 minutes to download at 28.8. To view and print the file, you will need to download and install the free Acrobat Reader Program.

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Final public hearing on Baptist Road Wal-Mart July 15

Opponents host Community Meeting June 13

View photos from the Community Meeting

By Jim Kendrick

The Coalition of Tri-Lakes Communities sponsored a community meeting to explain the rezoning request for the proposed Baptist Road Wal-Mart and what is being done to fight it. The request will be heard by the El Paso County Board of County Commissioners (BOCC) on July 15. The June 13 community meeting was held at Lewis-Palmer High School and was attended by an estimated 200 people, including District One County Commissioner Wayne Williams who represents the Tri-Lakes area.

Coalition speakers reviewed the details of Wal-Mart’s request to rezone the 30-acre parcel on the southeast corner of Baptist Road and Jackson Creek Parkway. Speakers also solicited questions and concerns and suggested what residents could do to affect the outcome of the hearing by making their concerns known to their elected officials.

Williams answered questions from the audience. Some audience members urged Williams to represent the community’s interests, not just Wal-Mart’s. This is a sore point with many in the community who feel Williams has a history of siding with developers. One who attended the community meeting said to Williams, "Wal-Mart didn’t vote you in and Wal-Mart won’t be the one to vote you out."

No Wal-Mart representatives attended the meeting.

Coalition Presentation

John Heiser, the coalition’s coordinator, gave the background portion of the 45-minute presentation and later answered questions from the audience. Heiser noted that the coalition is a group of volunteers whose mission is to maintain the character and quality of life in the Tri-Lakes area. Three other coalition members also spoke: Steve Sery on land use issues, Dale Turner on traffic and roadwork, and Sue Wielgopolan on environmental impact and crime issues and how attendees could make their views known to the commissioners.

Background: Wal-Mart first proposed that Monument annex the land on Baptist Road across from the King Soopers and zone it to allow them to build a supercenter. Heiser said Wal-Mart put their annexation plans on hold in 2000 after being told the town expected Wal-Mart to improve Baptist Road to accommodate the predicted doubling of traffic. He added that Wal-Mart never presented its proposal to Monument’s Planning Commission or Board of Trustees, so it is incorrect to say the town rejected the Wal-Mart.

In 2001, Wal-Mart changed its plans and requested rezoning by El Paso County. The project was heard at a special County Planning Commission meeting on May 11. The commission recommended denying the request by a vote of 7-1, with the sole yes vote coming from Dennis Hisey, who is a candidate to replace term-limited County Commissioner Jeri Howells. The Homebuilders Association (HBA) and several other pro-growth business groups have endorsed Hisey.

Site and Site Plan: Ken Barber, Beverly Miller, and Uwe Schmidt own the site. Barber was the developer of numerous subdivisions in the area including Chaparral Hills that lies immediately south of the proposed store site. The plan for the store has grown in successive proposals over the past five years from 184,000 square feet to 203,000 square feet (4.7 acres), with parking for over 1,000 cars (19 acres), a gas station, and a 1.7-acre detention pond.

The PIC and Public Accountability: Wal-Mart proposes to have its customers pay the $4 million cost for road improvements it will be required to construct by levying a 3 percent surcharge on the total cost of each purchase. The Triview Metropolitan District, which has offered to supply water and sewer services to the site, will receive three-fourths of 1 percent, or one-quarter, of this surcharge. After the road construction bonds are paid off, the surcharge will drop to 1.5 percent, all of which will go to Triview.

Heiser added that Wal-Mart has been authorized by Triview to create a private, nonprofit Public Improvement Corporation (PIC) to issue doubly tax-exempt bonds to raise money to pay for road construction for the proposed store. The PIC board members would be appointed, not elected by the voters, and the PIC would not hold open meetings or publish open records. The PIC would be exempt from TABOR restrictions.

Impact on Monument: Wal-Mart is estimated to take 84 percent of its business from existing local competitors. Heiser said that since the site is just outside Monument town boundaries, Wal-Mart would pay no sales or property taxes to the town, which is expected to lose at least one-third of its annual sales tax revenue, a loss of $500,000. That loss would likely translate to a loss of seven town employees, three to four of whom may be police officers.

A Better Alternative: Heiser noted that Monument has already approved the Monument Marketplace and signed a development agreement tying down architectural and landscaping restrictions. He said the Wal-Mart supercenter could be built on 200,000-square-foot Pad A of the Marketplace—without a single hearing by the town’s Planning Commission or Board of Trustees—by agreeing to and complying with the approved Marketplace development agreement.

Zoning: Sery said that since 1975, the parcel has been zoned for medium-density multifamily housing, with a small portion that would accommodate a convenience store. Wal-Mart has requested Planned Unit Development (PUD) zoning, which is intended for designs incorporating a variety of uses in innovative ways. Sery said this would be a misuse of this type of rezoning because there is nothing unique about a Wal-Mart supercenter, which normally requires regional commercial zoning. Since it is not zoned properly for the proposed use, the parcel’s value is $4 million less than it would be if it were zoned to accommodate a supercenter. Sery said approval of the rezoning would amount to a $4 million corporate welfare gift from the commissioners to Wal-Mart, the world’s largest retail corporation.

Comparison to Master Plans and Covenants: Sery said the Wal-Mart proposal violates the specific requirements of the County’s Policy Plan and Tri-Lakes Comprehensive Plan, as well as Monument’s comprehensive plan, for residential compatibility. These plans also prohibit conspicuously large parking lots next to I-25 and recommend annexation by the town of adjacent regional commercial property. State statutes require that PUD rezoning must conform to these comprehensive plans, more so than other types of rezoning.

Sery added that the proposal also violates the Chaparral Hills covenants created by Barber. The covenants say purchasers of the five-acre lots agree to commercial development "in a manner compatible with maintaining the property values of Chaparral Hills." Several of the development’s residents have received appraisals that show reductions of $30,000 to $70,000 due to the Wal-Mart proposal.

Road Building Issues: Turner said the Monument Marketplace is responsible for widening Baptist Road from Jackson Creek Parkway to I-25. The town required that this be completed by the end of 2004. Neither the Monument Marketplace nor the Wal-Mart project plans to expand the 48-inch culvert for Jackson Creek under the roadway. At the May 11 planning commission hearing, county engineer Paul Danley expressed concern that the present culvert cannot handle a 10-year storm, much less comply with the county requirement that it handle a 100-year storm—suggesting that this portion of Baptist Road could be washed away before the Colorado Department of Transportation (CDOT) finds the money to upgrade the interchange and that portion of Baptist Road.

Turner added that Wal-Mart is proposing to build a portion of Jackson Creek Parkway south of Baptist Road. It is also proposing an additional right lane along Baptist Road from Jackson Creek Parkway east to Leather Chaps. The plans include a median that will force residents and visitors leaving the Lutheran church to go to Leather Chaps and make a U-turn in order to go west toward I-25.

Traffic: Turner noted that the traffic on Baptist Road from Leather Chaps west is already at the worst service level, F, and the traffic count and delays are predicted to more than double with Wal-Mart there. Carl Schueler, manager of county planning, was quoted as saying, "No matter how much Wal-Mart contributes to Baptist Road improvements, the day it goes in it would kill the interchange." Turner noted that often cars are backed out onto the deceleration lanes of the interstate due to the inadequate existing off-ramps. There is no CDOT funding for improvements at the Exit 158 Baptist Road interchange now or for many years.

Environmental Impact: Several agencies besides the county’s engineering division have pointed out that the size, design, and drainage for the proposed detention pond are inadequate to prevent polluted runoff. Wielgopolan presented a slide highlighting some recent violations and fines Wal-Mart has received for its negligence regarding drainage and pollution. She showed several pictures that illustrated Wal-Mart’s practice of leaving surplus equipment and trash behind or beside their stores.

Crime: Wielgopolan noted that local Wal-Mart stores average one to three crime calls a day to local law enforcement. The northwest district—which includes Gleneagle, Woodmoor, and Black Forest—is served by two Sheriff’s Office deputies at most, and they would be unable to handle the added calls from Wal-Mart without creating significantly longer response times for all other types of calls in this area. Wielgopolan said that crime calls will inevitably be referred to the Monument Police Department, even though Wal-Mart currently rejects annexation and taxation by the town to help pay for those services.

Recommended Citizen Action: The speakers urged the audience to sign the coalition’s petitions opposing the project, help with sign-making, speak to their neighbors in person or through a phone bank, and help form carpools to attend the BOCC hearing. The hearing—which as of this June 13 meeting was to be on June 24—has been rescheduled to July 15, at 27 E. Vermijo in the third floor hearing room.

Heiser Answers Questions

After the break, Heiser read questions, provided answers, and fielded occasional related spin-off questions:

When will the PIC fee drop from 1.5 percent to zero? The PIC fee is supposed to drop from 3.0 percent to 1.5 percent when the road construction bonds are paid off in three to five years. However, the reduced PIC fee never goes away.

How can citizens appeal a BOCC decision to allow the rezoning? The only option is to appeal the decision to the District Court based on what the court would consider a reversible error in the review/hearing process—such as not posting the property with a proper hearing notice. Ironically, the hearing was delayed from June 24 to July 15 because a hearing notice had not been posted on the property at least 15 days prior to the hearing, as required by law.

At this point, Heiser invited Williams to field questions from the audience, which he agreed to do. Williams said he could not answer questions that might interfere with him being impartial since the hearing will be a quasi-judicial proceeding where the commissioners have to make decisions based solely on the facts and testimony presented at the hearing. He said he could not take a stand for or against the proposal before the hearing. Williams thanked everyone for showing their interest in their community by attending the meeting on a Sunday afternoon.

Williams said it is common for more citizens to be opposed to a proposal before the commissioners than in favor, and that commissioners were obligated to be more swayed by the nature of the arguments presented than by the number of people attending the hearing. He noted that he was most concerned about the impact of traffic.

Heiser said he hoped there would not be as many compromises resolving the Baptist Road improvement issues as there had been with the developer of Struthers Ranch who, during the review and hearing process, managed to avoid many costs involved in building Jackson Creek Parkway south of Baptist Road. Williams said there had not been that many compromises.

Here are some of Williams’ responses to audience comments and questions:

Regarding getting agreements with Wal-Mart in writing, Williams said the commissioners only make very specific conditions of approval, not unenforceable suggestions, for the Planning Division to enforce.

He said he had spoken with CDOT about widening the off-ramps at Exit 158 to two lanes. He suggested that the countywide Rural Transportation Authority proposal, which will be on the ballot in November, would provide a source of revenue for road and bridge construction and repair. Its countywide one-cent sales tax over 10 years would expedite construction and help pay for the improvements needed on Baptist Road.

When asked what arguments would be most persuasive to the commissioners, Williams said the board would listen to all citizen input but that the county cannot decide land use issues by picking winners and losers. For example, deciding where the Wal-Mart should be built should not be based on whether to help School District 38 or District 20 or whether to help the Donald Wescott Fire Protection District instead of the Tri-Lakes Fire Protection District. These are some of the consequences of suggesting that Wal-Mart build inside Monument at the Marketplace instead of on the unincorporated lot on Baptist Road.

He was asked what weight the board would give to the planning commission’s recommendation against the proposal. He said he looks at their votes and the reasons for their recommendations. He also noted that the proposal the county commissioners see will be different than the one the planning commission saw, because developers naturally try to change their proposals based on the concerns voiced, in order to gain approval. He said the county commissioners follow the planning commission’s recommendations about 80 percent of the time.

When asked if the hearing could be held on a Saturday, Williams said that weekend hearings raise costs due to overtime pay and pose attendance problems due to religious observances on Saturdays and Sundays. He added that because El Paso County has the lowest tax rate of any Front Range county in Colorado, there is little money available for overtime. Williams suggested that people only take half a day off (for the weekday hearing, which begins at 9 a.m.), because there is little likelihood of being able to speak until the afternoon. The county planning staff and the developer usually take all morning to complete their lengthy presentations on a proposal this complicated. Williams concluded by saying that he attends meetings throughout his district at night or on the weekends so more people can hear his presentations and give their views.

Williams noted that the coalition’s presentation had given him plenty of issues to have his staff research, so he can ask better questions at the hearing.

After Williams left, Heiser resumed answering questions:

What roadwork will be done by Wal-Mart? A lane would be added to the south side of Baptist Road from Leather Chaps to Jackson Creek Parkway; four lanes of the parkway would be extended south of Baptist to the southern boundary of Wal-Mart’s frontage. The county is requesting that Wal-Mart connect Jackson Creek Parkway south to Struthers’ Ranch. Funding sources for road building further south within the Struthers Ranch development remain to be determined.

Would the construction of a Wal-Mart accelerate the improvement of the I-25 interchange? It depends on whether traffic accidents and deaths occur and whether they cause a reprioritization for road building. However, CDOT makes its own schedule independent of county wishes. Heiser noted that CDOT appeared to be unresponsive to Monument’s wishes to allow large trucks to continue to exit the weigh station directly onto the highway between Arby’s and the Conoco station. Since that decision, the Burger King has gone out of business, and total town sales revenues from stores on Highway 105 from Second Street up to the Safeway are down significantly.

Will the profits from Wal-Mart stay here in the county? No, they will go mostly to Arkansas. The effect of spending one dollar at a local business is that it actually generates four to eight dollars worth of taxable-related business activity for Monument and the county, unlike Wal-Mart spending.

Why has the developer not met with the neighborhood to address its concerns? They held an open house at Lewis Palmer Middle School (LPMS) March 2 but only sent invitations to the 12 nearest lots in Chaparral Hills. Schueler told several of the residents who came to the LPMS session that he was quite upset by the meager notification. Heiser recounted similar situations dating back to 1999 where Wal-Mart gave very little notice of community meetings.

Heiser said coalition members will make an integrated presentation of the faults with this proposal at the BOCC hearing July 15. He urged everyone in the audience to attend, adding that speaking at the hearing would not be necessary to have an effect on the commissioners. He encouraged those who wished to speak to not repeat concerns already presented, but to address issues not adequately covered by prior speakers.

The session adjourned at 4 p.m. The coalition’s Wal-Mart committee meets each Tuesday night, at 6:30 p.m. at the Bethesda Building on the northeast corner of Gleneagle and Baptist Road.

**********

For more information on this project and to provide comments, contact Carl Schueler, Manager, 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.

In addition to Schueler, address comments to the five commissioners who will vote on this request: Jim Bensberg (jimbensberg@elpasoco.com), Chuck Brown (chuckbrown@elpasoco.com), Jeri Howells (jerihowells@elpasoco.com), Tom Huffman (tomhuffman@elpasoco.com), and Wayne Williams (waynewilliams@elpasoco.com).

The Coalition of Tri-Lakes Communities’ Web site, www.CoalitionTLC.org, has information on the project and includes the materials distributed at the June 13 community meeting. For further information on the coalition’s efforts and how to get involved, contact John Heiser at 488-9031 or info@coalitiontlc.org.

Additional information on the Wal-Mart project is available at the OCN Web site, www.ourcommunitynews.org.

View photos from the Community Meeting

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Star-Spangled Weekend

The Tri-Lakes area is the place to be over the holiday weekend as Monument and Palmer Lake celebrate community and history with a "Star-Spangled Weekend."

It all kicks off Saturday, July 3, with the "Historic Downtown Monument Celebration." The Sertoma pancake breakfast, a farmers market, and a "Fun Run" start things off at 7:30 a.m. From noon to 5 p.m., Second Street will close to traffic and turn old-timey with exhibits of antique cars, demonstrations of pioneer skills, arts and crafts, pioneer games, and even melodramas. You can enjoy the day in turn-of-the-century costume, available for rent. The fun ends with a barn dance starting at 9 p.m.

The action moves to Palmer Lake on Sunday, July 4, for the "What a Blast Celebration" for the Fourth of July, "lunchtime to launchtime." A street fair with music and arts, and other family fun is planned, with fireworks concluding the day.

Monument’s Independence Day Celebration starts Monday, July 5, at 7:30 a.m., with another pancake breakfast and is followed by a street fair until 3 p.m. The Kids Parade starts at 9:30 a.m., with the big Independence Day parade starting at 10, both sponsored by Monument Hill Sertoma. Because parking that day will be limited, shuttle buses will make trips into town starting at 8:30 a.m., leaving from Palmer Lake Elementary School, Lewis Palmer Middle School, and Lewis Palmer High School. Buses will depart Monument from noon to 2:30 p.m. Suggested contributions are 25 cents per person each way, to help defray costs.

For more details on these events, see the special events section, or call Betty Konarski, 481-2769.

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County planning commission meeting June 14

By Steve Sery

Two items involving northern El Paso County were addressed at this month’s meeting of the El Paso County Planning Commission.

The first was approval of an on-site wastewater treatment system at the new Edith Wolford Elementary School in Black Forest. This was a consent item and was approved unanimously.

The other was a request for a variance of use for a landscape materials yard on 5 acres of a 22.63-acre parcel, located at the southwest corner of Baptist and Woodcarver Roads. Ray Dellacroce owns the property, currently zoned A-35. Pioneer Sand will operate the business. The entrance will be at the southeast corner of the property, off of Woodcarver. There was some objection to the increased traffic on Woodcarver Road, which parallels the Santa Fe Trail. The applicant will be required to meet with the El Paso County Parks Department to discuss improvements such as signage and signals at the Baptist Road trail crossing. The request was recommended for approval 7-1.

In addition, Cole Emmons, assistant county attorney, clarified the relationship between rezoning and comprehensive plans. It had been his understanding that consistency with comprehensive plans was only a consideration in rezoning applications; inconsistency did not necessarily mean the rezoning would automatically be denied. Based on state statute, this is correct in all but a rezoning to PUD, Planned Unit Development. In the case of a PUD, there must be general consistency found with the Master Plan. This includes the county policy plan and the sub-area plans like the 2000 Tri-Lakes Comprehensive Plan.

This will undoubtedly be a major discussion point at the Board of County Commissioners hearing on the proposed Wal-Mart site, now scheduled for July 15.

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County transportation corridors forum June 17

By John Heiser

County Project Manager Jude Willcher headed a public forum at the Black Forest Community Center June 17 on the El Paso County Major Transportation Corridors Plan. This was the third and final meeting in the series of meetings 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, 2003. The second meeting was held Feb. 9, 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 with suggestions for right-of-way preservation needs through 2050.

Willcher introduced Ray Moe, an engineering consultant team leader with LSA Associates, who presented the findings.

Following the presentation, citizens reviewed a variety of displays and completed comment sheets. 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, employees of LSA Associates and public relations firm Catalyst Consulting moved through the crowd, answering questions and collecting comment sheets. Similar meetings were held June 14 in Fountain and June 15 in Falcon.

The primary purpose of this forum was to preview the recommendations that are to be presented to the El Paso County Planning Commission in September or October.

Recommended Tri-Lakes area improvements in the 2030 plan include:

Safety improvements on Black Forest Road, Burgess Road, Hodgen Road, Milam Road, Roller Coaster Road, Shoup Road, and Vollmer Road.

Widening Highway 105 to four lanes from I-25 to Highway 83.

Widening Baptist Road to four lanes from I-25 to Tari Drive.

Straightening Northgate Road from I-25 to Highway 83 and widening it to four lanes.

Completing Jackson Creek Parkway as a four-lane expressway from Interquest to Highway 105.

Widening Highway 83 to six lanes from the Colorado Springs city limits to the realignment of Northgate Road and then widening to four lanes from there to Highway 105.

Extending Furrow Road south as a two-lane collector road to connect to Baptist Road.

Extending Powers Boulevard north as a six-lane freeway to connect into I-25 south of Northgate Road.

Moe noted that the extension of Baptist Road to connect to Hodgen Road is not on the list because it is to be completed this summer.

Of great interest to many audience members was what the plan did not show. Gone were the extension of several roads through the Black Forest including the controversial extension of Milam Road north of Shoup Road as an arterial to connect to Walker Road or Hodgen Road.

However, the 2050 Preserved Corridors plan still showed Milam being extended north as a collector road to access future developments as far north as Walker Road. Corridors identified on that plan would be considered for right-of-way dedication as part of the county processing of subdivision proposals.

The plans presented are posted at www.elpasomtcp.com. Moe said comments received prior to June 25 would be considered for incorporation in the revised recommendations that will be posted on the web site by July 15.

Moe said the revised plan will be presented for adoption by the county planning commission in September or October.

**********

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.

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Monument Board of Trustees meeting June 7

By John Heiser

The regular June 7 meeting of the Monument Board of Trustees (BOT) was called to order at 6:30 p.m. Trustee Frank Orten was absent.

Southwick appointed to PPACG

Melissa Southwick was unanimously appointed to be the town’s representative to the Pikes Peak Area Council of Governments (PPACG) Community Advisory Committee. One of PPACG’s principal roles is regional transportation planning. Southwick said she is a commercial real estate broker. She added that she is interested in serving on the planning commission but has not yet lived in town for the requisite one year.

Marky expresses concern about town fees

Monika Marky, owner of Toys 4 Fun, 155 Jefferson Street, said, "I am frustrated being a business owner in this town." She said that because she is expanding her store, the town is imposing a $3,000 traffic impact fee. She noted that three stores closed recently due to lack of traffic. She also questioned the 3 percent town sales tax. She said, "I don’t see the improvement. There is still no sign showing what the extension of Second Street leads to. A landscape architect has not even been chosen yet. All of this is making it hard for business owners to succeed."

Mike Davenport, assistant town manager and town planner, replied that the traffic impact fee applies to new construction or expansion and was adopted in 2001 based on a traffic study. He said the fee is based on the Institute of Traffic Engineering standards for the number of vehicle trips generated and is intended to help pay for major roadways. He added, "I don’t have discretion to change or waive the fee." He said it might be legally defensible to change the regulation if differences in traffic generation can be shown between the downtown area and along the major highways.

Trustee George Brown said the regulation should be changed to distinguish between the historic district and highway commercial development and between new construction and expansion of an existing business. He said, "It’s ridiculous." Mayor Byron Glenn said he agreed with Brown.

Town attorney Gary Shupp said that to change the fee without a change in the regulations would raise issues of equal protection under the law.

Davenport said he would work with the town’s traffic consultant and look into potential changes to the regulations. Glenn asked that the proposed regulation change to allow adjustment of the fee should be ready for the board to consider in two weeks.

Shupp said the town could refund Marky’s $3,000 if the regulation is changed.

Marky added that she paid $943 for a drainage impact fee. Davenport said property owners get credit against the drainage impact fee for local improvements such as detention ponds they construct. Glenn said, "I don’t like that solution. Drainage impact fees should be for regional improvements."

Trustee Gail Drumm asked about the signage for Second Street and Third Street. Davenport replied that the Parks and Landscape Committee is reviewing the design for the signage. Brown said, "It has fallen through the crack. That’s not right."

Pankratz asks about relocation of water treatment building

Richard Pankratz, owner of Pankratz Gallery, 366 Second Street, asked when the blue building that houses drinking water treatment equipment near his gallery will be relocated.

Public Works Superintendent Tom Wall said, "Maybe before the end of the year–otherwise, spring time."

Pankratz said, "This is frustrating. We were led to believe that would be out of there by this summer."

Wall replied that construction would take six months after the plans are approved and sent out for bids. Glenn asked if the plans are out to bid. Wall replied that treatment for Well 9 was added to the requirements for Well 8 treatment. He said the town’s engineering firm, GMS, is reviewing the plans.

Glenn said, "All I can do is apologize for the delay and work with Tom [Wall] to get it done."

Pankratz asked if the town had a schedule for mowing weeds along Second Street. Wall replied that weeds in the right-of-way are the responsibility of the neighboring property owner. Glenn said the town would look at the ordinance to see if it is viable to change the maintenance responsibility.

Computer consulting contract to be put out for bids

Kevin Classen, vice president of Classen Computer Consulting, and Judy Skrzypek, town clerk and treasurer, appeared before the board with a renewal contract dated May 27 showing hourly rate increases of 18 to 25 percent. The highest hourly rate in the proposed new rates is $165 vs. $140 in the prior contract.

Brown characterized the hourly rate increases "unacceptable."

Classen said the rate increases were needed to "maintain the high caliber of staff we have."

Brown said the town needed to get bids for the services.

Glenn asked Skrzypek to advertise, get three bids, and bring them to the board meeting, July 7.

Classen said he was concerned that there is a risk of data loss with the town’s present computer system.

Skrzypek said the servers are being backed up nightly but there are problems with the backups.

Police Chief Joe Kissell said the police department is backing up their computers successfully using tape.

Benefit Design Services contract renewal continued

Town Manager Rick Sonnenburg recommended renewal of the contract with Dick Welch of Benefit Design Services. Sonnenburg said Welch has been the town’s health, dental, and life insurance broker since 1989.

Glenn said he wanted to research this matter. The item was continued to the June 21 meeting.

St. Peter Parish Education Center approval ratified

Ordinance 13-2004 was approved ratifying the April 19 approval by the board of the use by special review to operate a kindergarten through 5th grade school in the education center. The vote was 4-0-2 with trustees Tommie Plank and George Case abstaining.

Pacific Telecom antenna co-location approved

Davenport said that Richard Miller, representative of Pacific Telecom, is applying for an amendment to a final PD Site Plan. The applicant wants to mount an additional wireless antenna on the existing pole at 856 North Washington Street.

Davenport said there is a national competition to come up with new design ideas for these kinds of poles with a prize offered to make the poles less obtrusive.

No one spoke for or against the proposal, which was unanimously approved.

Wahlborg annexation continued to July 7

Since the planning commission continued their hearing on the annexation to June 9, the board of trustees unanimously voted to continue the item to July 7.

Board votes to oppose creation of a metropolitan district for the Village at Woodmoor (Wahlborg property)

Davenport said the developers are interested in forming a metropolitan district to raise money to build and maintain infrastructure within the subdivision.

Brown said, "We don’t need another district. We are going in the wrong direction."

Glenn remarked that with 140 acres and a large percentage of commercial development, the developers have substantial costs to cover.

Brown said they should have figured that out up front. He said, "We need to make sure we protect those residents from being overtaxed."

Glenn agreed, "Mill levies do get out of hand with special districts."

From the audience, property owner John Dominowski added, "We can’t get the fire districts together."

Shupp noted that if the developers drop their annexation request, they could have the county commissioners approve creation of a metropolitan district.

Brown’s motion to oppose formation of a metropolitan district for the Village at Woodmoor passed 4-2 with Glenn and Plank voting no.

Second Street to be closed for the town’s 125th Birthday Celebration July 3

Former Mayor Betty Konarski asked the board to authorize closing Second Street between Jefferson Street and Front Street from noon to 5 p.m. for the town’s 125th birthday celebration.

Konarski said that along with the numerous activities planned, there will be a new history book unveiled during the celebration.

At Konarski’s request, the board unanimously approved creation of a certificate of recognition entitled "First Family" to be signed by the mayor and awarded at a July 3 ceremony in Limbach Park to the living relatives of families who were significant in the development of the Monument area.

Limbach Park permanent stage approved

Konarski said a unit from Fort Carson is building a stage for Monument at Limbach Park. as part of their Community Partnership Program.

Glenn asked Wall if he is going to review the site plan and to see if it is a good idea to make the band shell a permanent structure at this time.

Wall said he is reviewing the location and the Parks and Landscape Committee will review the placement at their meeting June 8.

Glenn asked whether the town needed a lease agreement from the railroad to build a permanent structure on land it does not yet own.

Wall said the town has an easement through its agreement with the railroad.

Glenn asked if the agreement allows for a permanent structure.

Sonnenburg said he was unsure whether anyone measured to see if the band shell will be on property the town owns.

Glenn requested the town staff to investigate.

Dominowski said he and business owner Kelly McGuire asked the military to build a temporary stage for the July 3 events. He said the cost of building a temporary stage was nearly the same as building a permanent stage and the military engineers from Fort Carson agreed to come and build the stage. He added that over the past two years the community raised funds for the project. He said it is on Limbach Park land the town leases and is in negotiations to purchase.

Dominowski said that the consensus of the committee was that the costs were so low with the military doing the labor on the project that they are willing to risk losing the investment if the railroad decides someday they want the structure removed.

Glenn asked who is going to maintain the structure.

Dominowski replied that it is a low maintenance concrete block and stucco structure with no exposed wood. He said the committee is hoping the town will agree to maintain and insure it.

Dominowski said the front of the stage is 30 inches high and the back of the stage is about 46 inches. He said there is a back wall on the stage to eliminate the need for a railing. He added that the front of the stage is in an ideal location because of the slope of the land: People will be able to sit elevated all the way back to Front Street on the grass or in lawn chairs and be able to see the stage from there.

Plank’s motion was unanimously approved to permit construction of a permanent band shell in Limbach Park subject to the following conditions:

  1. The Superintendent of Public Works approves the plans when they become available.

  2. The Parks and Landscape Committee recommend approval of stage placement at their meeting on June 8.

  3. The town manager will check the railroad lease agreement.

Sales tax impact of closure of I-25 exit 161

Skrzypek said that in accordance with state statute she could not discuss taxes from any individual business, but looking at the overall figures for May 2002 and 2003 compared to May 2004, tax receipts are down. She said she could not verify if it was the result of the exit being closed.

Brown said the town is down $13,000 from last year and if the trend continues, it will be down around $39,000 - $40,000 by the end of the year.

Skrzypek estimated that sales tax would be approximately $76,000 in the first quarter of 2004.

Glenn said when people saw Burger King fold they blamed it on the exit closure.

In response to a question from Drumm, Skrzypek said her computer program is not presently sophisticated enough to break down east side vs. west side of I-25.

Sonnenburg said there are only seven or eight businesses on the east side of I-25 and these could be isolated to break down the figures.

Skrzypek said she would try to have that information available for the next meeting.

Brown said he did not see what difference it would make. The exit is closed and even though sales tax revenues are down approximately 2½ percent, the exit will not be opened again.

Drumm asked whether there are any arrangements with the Colorado Department of Transportation (CDOT) to advertise local merchants.

Sonnenburg said there will be two standard blue billboard-type signs with business logos on I-25 northbound and southbound.

Davenport said some merchants are opposed to the pork-chop style center barriers that CDOT plans for Highway 105 but it is CDOT’s right-of-way and they can do what they want.

Plank asked if anyone discussed with CDOT why trucks getting off and on I-25 cannot come into town as well.

Kissell replied that this was asked at one of the meetings with CDOT. CDOT said it was too difficult to control who would be using the on and off access. They said they were concerned that trucks getting back on would be a hazard.

Disbursements over $5,000

The following disbursements over $5,000 were unanimously approved:

  1. John C. Halespaska & Associates for $5,325.37

  2. Forest Lakes Metropolitan District for $9,036.80

  3. GMS, Inc. for $16,103.09

The board unanimously approved payment of $39,304.52 to Layne-Western for work completed at the booster pump station. Wall said approximately $8,500 remains to be paid on the contract and the project should be completed within the next few weeks.

Lake of the Rockies fence compliance

Davenport noted that the board’s approval of an amendment to the Lake of the Rockies PD Master Plan earlier this year included several conditions, one being a fence or screen along the RV storage area located from the southeast corner of the site to the northeast corner of the site. It was left to Davenport to determine if the condition was satisfied. Davenport noted that minutes from the meeting where the plan was approved were reconstructed due to problems with the tape recorder.

He said the board discussion stressed the importance of the fence being located so as to avoid restricting the vision of drivers coming out of the RV storage area on the lane leading to Monument Reservoir.

Davenport said he and town engineer Tony Hurst visited the site and agreed the fence was located back far enough from the lane so as to not cause a vision problem for drivers.

Davenport added that the property owner has put up the fence to comply with the request; however, it does not hide the RVs. He said it screens them so they are less visible, but one can still see the RVs from the public access road.

Trustee Dave Mertz said there was very little screening of the RV storage.

Davenport said the barbed wire fence is not a screening fence. It is to prevent people from driving through the private property.

Mertz said the two issues are enclosures of the RVs and the setback on the northern portion.

Glenn asked if the owner intends to use trees as a screen. Davenport replied that they may help with screening but will not give a complete screening. He said the trees were part of the approved plan.

Brown said driving around town and looking in some yards he has seen worse things.

Glenn said the town could put up a screen if the property owner, Ernie Biggs, refuses to do it. He added that the town should ask the property owner to put in trees of a proper caliber.

Mertz said he may have taken extensive notes on the issue and would like to review them. Shupp said that Mertz’ notes do not have any legal significance. He said the written minutes are the formal record.

From the audience, Konarski said her memory was that the property owner did not want to extend the fence around the corner and that what was said was that it was to go around the corner.

Pegasus Transit

The Pegasus Transit representative did not attend the meeting so the item was postponed indefinitely.

Liquor license renewals approved

Liquor licenses renewals were unanimously approved for Eagle Wine and Spirits, 7-Eleven, Inc., and the Broiler Room.

Discussion of raise for town manager continued to June 21

A motion to continue this item to the June 21 meeting was unanimously approved.

Tree planing program supported

Davenport reported that the town did not receive a grant for planting trees along Second Street. The Parks and Landscape Committee recommended seeking donations or sponsorship by business owners or individuals for the trees with the town providing irrigation.

Davenport asked if the board supports the committee’s proposal. He said they are seeking sponsors right now and collecting money to buy trees but the committee did not want to go any further unless they had board support.

Wall noted that CDOT is planning to build sidewalks on the north side of 2nd Street.

Glenn added that there could be potential access to potential development sites along 2nd Street.

Mertz noted that the committee was only looking for support, not funding at this point.

Glenn said there is board support.

Drainage issues along Old Denver Highway

Davenport said that during the pre-application presentation on the proposed Trails End annexation west of Old Denver Highway, and just south of the Villages at Monument subdivision, the Planning Commission heard comments from an adjoining property owner that developments along Old Denver Highway, including Peak View Ridge and Santa Fe Trails, have caused drainage problems on his property. He said he removed eight truckloads of sediment from just one rain shower, and has spent over $8,000 removing sediment.

Davenport said the planning commission recommended the board consider not allowing further development along Old Denver Highway until the drainage issues are resolved.

Davenport said he requested Hurst to assess the drainage along the Old Denver Highway corridor and would report back to the planning commission and the board when the information becomes available.

Glenn asked that the board receive a report at the next meeting.

Mertz asked if the Peak View Ridge and Santa Fe Trails developments had liability to correct this drainage problem.

Sonnenburg said he and Hurst are looking into the Peak View Ridge detention pond design. He said the outlet does not flow as designed or the direction is not as designed.

He added that they would see if there are any liabilities for others to help fix the problem.

Mertz asked if there is a way the town can recoup the cost of the staff time spent dealing with these problems.

Shupp said it could come from the developer per agreement or through litigation.

Regarding the question of not allowing further development until the problem is resolved, Shupp said this could be construed as a taking of property rights. He added that if a proposal comes before the board with drainage issues, the board could take this into account. He advised not having a blanket moratorium on this issue.

Case asked if .the original drainage pattern for the area was known..

Davenport indicated that the photos may show this, but when work was done some years ago on the railroad tracks or the adjacent service road, the direction of the drainage flow probably changed.

Glenn said the town has a problem and needs to find a solution before the problem gets worse. Sonnenburg said there is approximately $180,000 in the storm impact fund but the town is trying to get others to fix it.

Highway 105 paving

Glenn said he thought CDOT agreed to pave Highway 105 to Safeway because they closed the exit 161.

Sonnenburg said CDOT now says it will only pave to McDonalds. He said he would talk with them about it.

Sept. 6 meeting rescheduled to Sept. 7

Due to the conflict with Labor Day on Sept. 6, the first board meeting in September was set for Sept. 7.

The meeting adjourned at 9:03 p.m. The next BOT meeting is at 6:30 p.m. on July 7 at Town Hall, 166 Second Street.

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Monument Board of Trustees meeting June 21

By Jim Kendrick

The Monument Board of Trustees (BOT) honored Bob Mooney for his service as chair of the Planning Commission at the June 21 meeting. They unanimously appointed a new alternate member to the Parks and Landscape Committee. Board members split on approving a proclamation declaring July 1 Home Depot Day and on the adequacy of the new Lake of the Rockies’ screening fence along the town’s park lane to Monument Lake. All members were present.

Certificates of Appreciation

Mooney was given a certificate thanking him for his service to Monument by Mayor Byron Glenn. Mooney took over the chair position from Dave Mertz, who moved to the BOT Aug. 18 to replace Trustee Chris Perry. Mooney resigned on April 12 due to a change in his business commitments. A certificate of appreciation was to have been presented to former Commissioner Tom Donnellan, but Donnellan did not attend the meeting. He resigned in May when he moved away from Monument.

Parks & Landscape Vacancy Filled

Bob Watson, a Woodmoor resident and professional landscape designer, was one of three candidates to express an interest in being an alternate committee member. He is a retired Air Force colonel, has an engineering and communications background, and has owned land here since 1983. He has worked for Mountain Farmer for the last nine years. When asked if he had experience in spreading small budgets, he replied, "Yes, my own." He was approved unanimously. As an alternate, he can participate in all the meetings and vote if a quorum is needed.

Planning Commission Vacancy

Volunteers are still being sought to fill two vacancies on the Planning Commission. Trustee Frank Orten suggested that signs be posted, in addition to newspaper advertisements. A motion to advertise again and post signs passed unanimously.

Candidates must be at least one-year Monument residents to be eligible for selection. Anyone interested should contact Rick Sonnenburg at 719-884-8012 or rsonnenburg@townofmonument.net. Additional information can be found at the town’s Web site, www.townofmonument.net.

Home Depot

Brian Smith and Sally Folsom, from the new Home Depot store, told the board of the store’s plans for a community night on June 30 and Opening Day on July 1. Over 90 percent of the new store’s employees are town residents. After they concluded their announcement and left Town Hall, there was a lengthy discussion on the appropriateness of a proclamation of "Home Depot Day" for July 1. The vote approving the controversial proclamation was 4-3, with George Case, Dave Mertz, and Tommie Plank opposed.

Charm approved

The board unanimously approved Renee Sanning’s request to manufacture and sell a charm commemorating the official town logo for the 125th Birthday Celebration July 3-5.

Metro Districts

Attorney Pete Susemihl gave the trustees an overview of the structure and operations of metropolitan districts. Under Title 32 of the Colorado Revised Statures, metropolitan districts direct a combination of two or more functions that special districts normally perform: water, sanitation, drainage, golf courses, and parks and landscape. For example, the Triview Metropolitan District administers water, sanitation, road building, and maintenance services including sweeping and snow removal in the Jackson Creek area.

The BOT was interested in learning about metro districts because the developer for the Wahlborg addition suggested creation of a metro district as an alternative to having the town perform some required services if the parcel is annexed.

Susemihl said metro districts have become more popular with county and town governments as the effects of TABOR and Amendment 23 have become more significant. Their advantages include the ability to issue tax-exempt bonds with no existing infrastructure as collateral, and they provide a more stable source of long-term revenue (through mill levies) than homeowner associations. Developers like them because they help finance big up-front infrastructure costs for roads and utilities, tax free.

When Gail Drumm asked him to list any negatives, Susemihl said he could not think of any. Trustees had several technical questions, however, indicating that not all of them agreed with his assessment. Susemihl said that district debt could not exceed the assessed valuation of the district, which prevents overborrowing. He said the developer is always responsible for the initial district debt, rather than the residents. Referring to Triview, he said the debt, now totaling about $36 million, has had no negative effect on home sales.

Pacific Telecom Antenna Approved

Pacific Telecom’s request to co-locate an antenna on an existing radio tower next to the town dump on Washington Street passed 6-0-1, with Orten abstaining because he had been absent during the BOT hearing on the subject.

Lake of the Rockies’ Fence

Mertz expressed concern that the new screening fence section at Lake of the Rockies Campground does not meet the spirit of the town’s new requirement. The 40-foot section was built along the south side of the town’s park lane from the northeast corner of the property on Mitchell Avenue to the north campground entrance. Town Planner Mike Davenport and Town Attorney Gary Shupp said the fence complies with the amended site plan conditions. Plank said her recollection of the original hearing on Jan. 20 regarding the fence called for concealment of the RV storage area. Davenport’s staff report for this July 21 meeting notes that less than 25 percent of the view into the storage area from the public access road is screened by the added fencing. The board requested that Biggs be asked to voluntarily extend the fence, even though he is not required to do so.

Traffic Impact Fees

Davenport reported that business owner Monika Markey has been satisfied that her planned store expansion will not be delayed by the town’s traffic impact fee. A review of the impact fee regulation is being performed by consultant Neil Geitner of IUG, the company that drafted the regulation. Recommendations for any possible changes will be available in late July.

Electric Fences

Town engineer Tony Hurst had been asked to do an analysis of safety concerns regarding electric fences. A Jackson Creek resident had asked to have the regulation prohibiting electrified fences within the town limits changed so she could keep her four-year-old fence. She said her mother is terribly allergic to dogs and presented copies of her medical bills to show the harm that had occurred when neighboring pets had jumped her fence. Her next-door neighbor had opposed her request and gathered other neighbors’ signatures on a petition supporting his position that electrified fences were harmful to children and pets and lowered property values. Glenn said he too had an electric fence and that it only gave his dog a pinch without knocking it down.

Shupp advised that the prohibition was common throughout the state, and Davenport said the building code prohibited them. The board voted 5-2, with Plank and Case opposed, not to amend or rescind the existing regulation.

Water Attorney Contract Change

Bruce Lytle has been the town’s water consultant for several years, but he has left the Halepaska and Associates firm to form his own practice. The town’s annual contract with Halepaska is due to expire on Dec. 31. A motion to initiate a new services contract with Lytle through Dec. 31 passed unanimously. The Halepaska contract with the town will also remain in force for the rest of 2004.

Engineering Services Contract Renewed

The annual transportation engineering contract with SEH, Inc. (formerly called Transplan), which expired on June 21, was renewed with unanimous approval.

Downtown Entry

Land Patterns Inc. was selected unanimously to be the landscape architect for the downtown entry at Second Street and Highway 105. The estimated $1,000 cost for irrigation was not budgeted, but may be covered by the funding for the overall project. Electricity is available on the southwest corner of the intersection. There is an unusually wide CDOT right-of-way easement, leading to some concern over the placement of the entry’s landscaping.

Server contract approved

A power surge knocked out two town servers. A contract to replace them was approved for Classen Computer Consulting, Inc. Costs are $10,387.50 for the town server and $9,058.42 for the police server.

Treasurer’s Report

A payment of $217,531.80 for construction costs of Well 9 to Layne Christensen Company was approved unanimously, as were the budget report and expenditures of over $5,000 including a tax transfer of $15,365.84 to Triview Metro District.

New Annexation Request

Robert Martin submitted an annexation petition for the 45-acre Labib Property, southwest of the Villages at Monument, west of Old Denver Highway. The board agreed to an eligibility hearing on Aug. 2.

The next meeting will be on Wednesday, July 7, at 6:30 p.m., in Town Hall.

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Monument Planning Commission meeting June 9

By Jim Kendrick

Woodmoor residents made their feelings known a second time as consideration of the annexation and rezoning petition for the Wahlborg property resumed at the Monument Planning Commission (PC) meeting on June 9. The hearing was continued at the May 12 meeting after two hours of presentations by Zephyr Development and concerned neighbors. Residents again voiced concern over the housing density as well as the type and style of commercial buildings proposed for the 140-acre pastureland, located southeast of Highway 105 and Knollwood. Developer Steve Shuttleworth, his staff, and the property owner fielded many questions throughout their presentations.

Commissioner Jim Thresher was absent, leaving a quorum of four commissioners available.

Wahlborg Annexation and Rezoning

The applicant, WED LLC, is proposing that Monument annex and rezone the parcel for mixed use, with a 330,000-foot commercial center, three residential subdivisions consisting of 350 dwelling units, and over 25 acres of open space in these four areas.

Residents at the May 12 meeting had objected to the original proposal, which did not conform to the Woodmoor Improvement Association (WIA) covenants. The proposal had allowed for more rear setback than the covenants call for because the 40-foot trails, along with the minimum 25-foot Zephyr covenant setbacks from them, had been figured in to the total buffer space. But when residents objected to the trails, those minimum setbacks were shortened from 65 feet to 40 feet, to match the WIA covenants.

Zephyr’s principal planner, Jerry Haire, reviewed other changes made to the proposal based on feedback from the May 12 hearing:

Minimum lot size was increased to 0.5 acres on the southern and eastern boundaries.

The 40-foot-wide walking trail between Woodmoor and Village Center at Woodmoor was eliminated. Woodmoor residents objected to residential trails, saying they promote crime.

Zephyr’s engineering consultant, JPS Engineering, submitted a revised, more detailed drainage plan.

Single-family housing fences will be limited to decorative split-rail in the large lot housing area, with wire mesh attached for controlling pets.

Perimeter fencing in the small lot and multifamily portions will be stucco or wrought iron, with no interior fencing allowed.

Commercial lighting will be limited to 25 feet in height, with downcast cutoff lighting that eliminates glare.

No residential street lighting will be installed.

Residential covenants were revised to parallel those of the WIA as much as possible. There will be a separate set of commercial covenants.

A metropolitan district will be formed to pay for initial development and continuing street and facilities maintenance. The town would not be responsible for these.

Outdoor storage and temporary tent sales of food and plants will be permitted, per town regulations.

No more than three commercial pad sites will be used for fast-food restaurants with drive-through access.

Houses will be built so there are no identical façades side-by-side. Builders will use natural colors, and there will be no wood shake roofing.

An impromptu question-and-answer session ensued before Zephyr could finish the presentation. Woodmoor resident Wallace Unruh interrupted Barr, demanding to know where his house was on the development map. Haire pointed to it on the diagram and noted that Zephyr had changed the lot layout to match Woodmoor’s covenants.

Woodmoor resident Mary Putnam asked if there would be a fence along the Knollwood perimeter and where the drive-through pads would be. Town Planner Mike Davenport said town regulations require that perimeter commercial buildings be designed with four-sided architecture so no unattractive rear façade will face Knollwood or Highway 105. There will be no perimeter fence on Knollwood, and the locations of the drive-through restaurants have not been determined.

Morgan asked about signage, noting that no other signs on Highway 105, all pre-existing, comply with recently enacted regulations. Davenport said Zephyr’s signs would comply with the same regulations as Monument Marketplace.

Commissioner Kathy Spence asked if Zephyr would have to meet with the commission again. Davenport said that specific plans for the townhouse/apartment residential area are not ready and would have to be reviewed separately by the town. That standard review would occur after annexation and rezoning.

After some other questions from the audience, Morgan indicated he wanted Zephyr to continue its presentation. However, Unruh again spoke up, complaining that Zephyr’s surveyor could not find the pin on his property and that several sections of the Wahlborg family’s old agricultural fence might not be exactly on the property line.

Resident Brian Osterholt asked that the existing land contours be maintained but that Zephyr control the areas of high storm water runoff they cause. Davenport said the town has recently begun enforcement of the county’s drainage manual, to prevent deposition of sediment due to soft or sandy soils.

Bill Brown thanked Zephyr for listening to Woodmoor’s concerns on May 12 and making the changes that had been presented. Shuttleworth said half a dozen builders were interested in building on the parcel, with Richmond likely to build the largest houses.

Elizabeth Miller expressed concern that the redesign had eliminated parks and open spaces next to Woodmoor. Haire responded that they were eliminated to comply with residents’ complaints about the resulting noise and need for watering and with the WIA covenants.

Kay Czylinski, president of the Monument Villas homeowner’s association asked that Zephyr build a fence along Knollwood to keep dust and trash from blowing into what she characterized as a mostly senior citizen development, located directly west of the parcel on Knollwood.

Spence asked how many people would want to live in a community without streetlights. Shuttleworth said that the developers, the builders, and the neighboring residents did not want them in the single-family, large-lot section. Spence said this development was not Woodmoor, and lights were needed or children would be endangered. Haire said that if required to install them by the town, they would be of the same design as the commercial area, though a bit shorter.

Morgan said he was concerned about the small individual lots created in the southwest corner for "starter" houses. While they may keep costs down for young families, he said they set a terrible precedent by violating the minimum half-acre requirement and might open up the town to many requests for variations. This would defeat the purpose of the town’s subdivision and zoning regulation update before it is even approved. He said his lot was platted in 1870 and is 7,700 square feet, compared to the 3,000 square foot lots in Zephyr’s proposal. Barr and Shuttleworth noted that these lots were small so the houses could be priced at $165,000, responding to the Monument staff’s suggestion to include some low cost housing. An earlier proposal had patio homes priced at $320,000.

Jim Hodsdon, of Zephyr’s traffic consultant LSC Transportation, tried to allay Morgan’s concerns about the doubling of traffic on Highway 105. But Morgan remained concerned. Hodsdon said that much of the congestion is due to construction and will improve when all the lanes of the widened highway are completed to Knollwood. Zephyr is proposing adding acceleration and deceleration lanes on the eastbound lane of Highway 105 on both sides of the Knollwood intersection. Similar lanes would also be constructed at the development’s main entrance on Highway 105, directly across from the Mormon Church. Haire added that these road improvements as well as the Knollwood traffic light would be built "up front."

Shuttleworth said he could understand why Morgan might be concerned, but said that the Colorado Department of Transportation (CDOT), the Baptist Road Rural Transportation Authority, and the major thoroughfare task force had found their proposal to be satisfactory. He then said, "We can do this in the county. Traffic flow will improve, according to the experts." He added that the major cause of traffic backups is the I-25 bridge construction, not Highway 105. Morgan countered that the area was developing too fast. Shuttleworth appeared exasperated, and said, "We’re happy to talk with the county."

Following the meeting, Davenport said the county has 300-year water requirements, as opposed to Monument, which has 100-year requirements. The county could force Zephyr to reduce the number of residences to meet the water restrictions.)

Spence said that on May 12, Zephyr had said there would be no drive-throughs, yet now, three were being proposed. Barr asked how many the commission would settle for, noting his children had worked initially at fast-food restaurants and that, once built, nearly every resident would use them. Spence said, "One is too many." Shuttleworth said the owners are longtime residents of Monument and intend to stay in town. They feel "honor-bound" to offer the town the revenue opportunity from this commercial center—particularly with the problems the new interchange had caused that might have contributed to the demise of the Monument Burger King. Miller responded, "That’s garbage."

Town Attorney Gary Shupp said the proposal had significant differences from the one offered on May 12, but that they were only considering the request for annexation and rezoning, not the specifics of the proposed development. The commission voted 3-1 to recommend the development with conditions; Morgan voted no.

Sully’s Windshield Repair

Brian Sullivan is proposing to create a van-based windshield repair business south of Starbucks on Highway 105, on the dirt lot next to the former Burger King. Access would be from the shopping center road. Town regulations require that the van be removed from the lot every evening. Sullivan currently does business in Colorado Springs at six other locations, but the vans typically are not moved for weeks or months at a time. The business is service only and does not generate sales tax or require a state sales tax license, though Sullivan has applied for a town business license.

The commission approved his request unanimously. Sullivan may request a regulation change so his van does not have to be removed from the property every evening.

Soc-N-Roll Site Plan Amendment

The owner of the roller rink on Old Denver Highway is requesting approval to build a second 22,000-square-foot recreation building and a separate 12,000-square-foot storage facility in the future. The recreation building would be directly behind the existing building to the west, though not as big. It would be built by Access Construction Company that was represented by its president, Mark Ennis. The storage facility would be built next to the railroad tracks on the southwest tip of the property.

There were no significant concerns from the neighboring properties. Ken Watt, owner of the neighboring pastureland, asked that proper landscaping and drainage be installed. He also requested that some effort be made to prevent people from using his ranch road, instead of the current paved entrance and parking lot, for access to the new buildings. (There is no fence between Watt’s ranch road and the north boundary of the rink’s property.)

The proposal was approved unanimously. Planning Commissioner Ed DeLaney thanked Ennis for the work his company had done in building the town’s skateboard park.

Sundance Center Site Plan Amendment

Owners Steve and Kathy Clowes requested approval of an expansion of their dance studio to the north, to allow them to host small gymnastics competitions in addition to their current programs. The expansion would add 4,903 square feet to the 8,843-square-foot facility, a 55 percent increase, and also lower the slope of the roof line. Sixty-eight parking spaces would be provided. Their concurrent request to CDOT to lower the speed limit on Highway 105 from 50 mph to 40 mph near the Knollwood intersection was denied.

Spence questioned whether the proposed number of parking spaces would be enough for the gymnastics meets. She said that many family members attend these types of competitions. Davenport said that his spot checks had shown there was an excess of parking places for current operations and that the number of proposed spaces was sufficient. Mary Putnam said that clients park in the street on occasion, sometimes as many as 10 or 15 cars. Fay Czilinzki expressed concern about the safety of unsupervised children with the increasing traffic on Knollwood. Clowes replied that most of the kids skateboarding on his property actually come from Monument Villas.

The site plan amendment was approved unanimously.

Pre-Application Review for Monument Storage

Owners Scot and Patty Foster were seeking feedback on their proposal to build an interim outdoor RV and boat storage facility behind their existing storage units on Old Denver Highway, between Soc-N-Roll and "R" Rock Yard. They plan to build more permanent storage buildings on this portion of the property as their business grows, but are seeking an interim source of revenue until then.

The property was initially a single-family residence. It was annexed by the town in 1995 and rezoned as planned industrial park. Monument Storage began construction of the original storage buildings in 1997 and has expanded from time to time since then.

In discussing his pre-application proposal, Foster said he could understand why neighbors Ken and Mike Watt want him to build permanent warehouse-size storage buildings to enclose the RVs and boats. This would protect the Watts’ views, which are at higher elevations. But the expense of commercial tax rates on the structures and the future requirement to tear them down to build more storage unit buildings made this option unaffordable. The police department has opposed fencing around the property that completely screens it, because it encourages mischief and would prevent officers from observing activity inside the property during routine patrols or trouble calls.

After the Watts and Foster reviewed their history of grievances with each other, the commissioners generally agreed that there was no good, cost-effective way to implement Foster’s request for open, low-cost RV and boat storage that would improve views to the west. Foster concluded by saying that the town’s tax rates on commercial buildings were too high, which prevented him from being able to make a profit on the type of building the town wants to see.

Regulation Changes

The comprehensive subdivision and zoning regulation update has been continued indefinitely due to the new members of the Monument Board of Trustees wanting to review the approximately 20,000 changes that took nearly two years to be approved by the Planning Commission. Davenport brought eight technical changes that needed to be approved promptly to eliminate out-of-date and conflicting requirements that were harming applicants. The board approved them unanimously.

Planning Commissioners Needed

Volunteers are being sought to fill two vacancies on the Planning Commission. Candidates must be at least one-year Monument residents to be eligible for selection. Anyone interested should contact Rick Sonnenburg at 719-884-8012 or rsonnenburg@townofmonument.net. Additional information can be found at the town’s Web site, www.townofmonument.net.

The meeting adjourned at 10:50 p.m. The next meeting will be at 6:30 p.m. on July 13 at Town Hall.

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Monument Parks and Landscape Committee June 8

By Jim Kendrick

The Monument Parks and Landscape Committee reviewed the landscape plans for three expansion proposals at its meeting on June 8. Two were from Old Denver Highway businesses, Soc-N-Roll and Foster Storage, and the third was from the Sundance Center near Highway 105 and Knollwood. Monika Marky was absent, but there was a quorum with Chair John Savage, Vice Chair Linda Pankratz, and Toni Martin present. Assistant Town Manager/Town Planner Mike Davenport and Planning Assistant Natalie Ebaugh were also present.

The fifth position on the committee was vacant on June 8, but has since been filled by Woodmoor resident Bob Watson, who will serve as an alternate member (nonresident) under the new policy recently approved by the Board of Trustees (BOT). Watson, a retired Air Force colonel, has supervised landscape design and installation for Mountain Farmer for nine years. He was appointed by the BOT on June 21. Alternates are full participants in all discussions at every meeting. If their presence is needed to achieve a quorum, they may vote.

Soc- N-Roll amended final PD site plan

Soc-N-Roll wants to add a recreational building, behind and west of its current building, to be used for tournaments. Another part of this site plan amendment proposal would authorize construction of a separate future warehouse building along the railroad tracks, behind Foster Storage. Staff recommendations included:

Label all surface materials including raised parking aisles, sidewalks, and landscaped areas.

Indicate what is existing vegetation and what will be added.

Add landscaping (trees and shrubs) to the north and west of the future warehouse.

Add landscaping in the parking areas, specifically near the future warehouse.

The adjacent property owner to the north, Mike Watt, had suggested taking steps to keep people off his private road that runs along the north boundary of the Soc-N-Roll property, and to add more landscaping. Davenport noted that occasionally people enter the business’ parking lot from Watt’s road, instead of using the paved entrance, or park on his property, perhaps inadvertently.

A motion to recommend conditional approval of the amended site plan, subject to verification of the existing landscaping and fulfillment of the recommendations of town staff, passed 3-0.

Foster Storage amended final PD site plan

Davenport said the applicant was making a pre-application request for a review of his proposal to add uncovered RV and boat storage, along with a 12-foot privacy fence, at the rear of the existing storage facilities between Soc-N-Roll and R-Rock Yard. These improvements would be temporary until permanent storage units are built at a later date on the same land at the rear of Foster’s property.

The town staff recommended that mature trees be planted on the west boundary of the property to create a dense screen for properties to the west, which are at a higher elevation. After discussing the views and concerns of Foster’s neighbors, the committee recommended approval of the proposal by a vote of 2-1 (Savage opposed)—but only with the conditions that more landscaping be added behind the proposed storage and the RV and boat storage facility be enclosed to preserve views.

Sundance Center amended final PD site plan

The applicant for the Sundance Center, at the northwest corner of Knollwood Loop, is proposing to expand the existing dance and gymnastics building and parking lot to the north by approximately 4,000 square feet. The expansion would look the same as the existing building, with a reduced slope to the roofline. Existing landscaping would be transplanted where required to maintain the same appearance. The committee recommended that there be a landscaping bond for the expansion that would also cover any remedial work needed for the original landscaping.

Downtown Entry Design

The town received three responses from local landscape architect firms in their search for a company to design the entry for downtown Monument, to be constructed on the southwest corner of Highway 105 and Second Street. Davenport said the cost and schedule proposals of the staff’s first choice, Land Patterns, Inc., were within the town’s $32,000 budget. The committee unanimously recommended this selection. The firm will make changes and recommendations to the preliminary plans created by the Colorado Center for Community Development and will prepare construction plans.

Davenport also reported that the Planning Department would have a meeting with the Colorado Department of Transportation (CDOT) on June 14 about the construction of the downtown entry sign on CDOT property.

Park Maintenance

Becky King, Monument’s community service coordinator, had asked the planning staff for a list of services volunteers could perform for the town. The committee unanimously recommended to the BOT the staff’s suggestions, including:

Picking up trash in parks