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Palmer Lake Town Council wrestles with water rates

View a photo of the Aug. 12 meeting

The Palmer Lake Town Council, in response to feedback from town citizens, once again delayed proposed increases to the town’s commercial and residential water rates. The Town Hall was filled to capacity for the Aug. 12 meeting. More than a dozen speakers came forward to voice their opposition to the increases. The contentious 3½-hour meeting was recessed at one point by Mayor Nikki McDonald to bring order to the proceedings.

Liquor Licensing Authority Board: The town council met first as the Palmer Lake Liquor Licensing Authority Board at 7 p.m. The Tri-Lakes Center for the Arts requested approval for a total of six events for the remainder of the year. No representative from the center was present during the meeting. McDonald noted that the request was similar to past requests submitted by the center. However, Town Attorney Jim Kin advised that since the details of the request were contained in packets supplied to council members, a valid vote could be held.

Trustee Max Parker moved for acceptance of the request, which was seconded by Trustee Gary Coleman. The request was approved unanimously, and the Liquor Licensing Authority Board meeting was adjourned at 7:08 p.m.

Town Council Meeting: The Town Council meeting was then called to order at 7:09 p.m. Kin administered the oath of office to Trish Flake, who immediately assumed her new duties as trustee.

At McDonald’s request, Parker read the text of Ordinance 3-2004, the proposal to increase the basic commercial water rates. The ordinance modifies Sections 13 02.060 (B)(1) and (2) of the Palmer Lake Municipal Code and Section 1, B(1) and (2) of Ordinance 11-2002. McDonald asked for comments from the board members and received none. McDonald then opened the meeting for comments from the audience.

Eddie Kinney said that residents are being asked to subsidize businesses with this rate increase because they do not pay a use rate of at least $6.70 per 1,000 gallons, which the town has said is its cost to produce water. The use rate for commercial taps is $2 per 1,000 gallons. Kinney asked, "Why should commercial business get by cheaper?" He contended that commercial rates should be raised to at least the same level as residential rates.

Resident Charlie Pocock complained that there was only one citizen on the Water Committee, then acknowledged that Flake was also a citizen member. (However, Palmer Lake Volunteer Fire Department Chief Julie Lokken also serves as a citizen volunteer on the Water Committee.) The Water Committee was formed after the July 8 Town Council meeting to provide citizen input on the rate increase proposals.

Pocock started to review the history of the committee but then deferred to Flake, at her request. Flake reviewed the water update handout she had written and distributed at the meeting. She stated that the handout serves as minutes of the Water Committee meetings and indicates the amount of work done by the committee and the rate changes the committee had agreed to.

Pocock said he disagreed with the committee’s conclusions from their second meeting. He stated that he agreed more closely with the proposal offered in a mailing titled the Palmer Lake Independent News sent to town residents. After a lengthy presentation on which water figures and costs he agreed with and which town figures he thought were erroneous, Pocock suggested that the proposed rate increases be continued to a future meeting and asked that the Water Committee meet again to reexamine the available data on water usage and rates.

In response, McDonald noted that $133,000 exists in the town’s water capital improvement fund, which is not enough to cover the costs of a serious failure in the infrastructure. She stated that there are few remaining tap fees (30-60) that may be available in the future due to build-out, and they will add little money to the water capital improvement fund. Only five tap fees had been assessed to date for 2004.

She said the basic rates bring in only about $180,000, which is $200,000 short of the requirement to stay out of the red. Increased costs for water treatment chemicals, more stringent and frequent water testing, higher electricity costs for the new well, and the need to expand cash reserves to cover repairs all influenced the proposed plans. McDonald also stated that a predictable revenue stream is needed to develop an effective budget for the town. She asked, "What if we have three years of above average rainfall and water usage goes down? Where will the money for operating costs and maintenance come from?"

Several residents voiced other concerns to the board. Sue Coons asked if the 5,000-gallon base water allocation could be used without restrictions. She also expressed some frustration in getting answers to her questions at town council meetings. Susan Miner said commercial users attract visitors who generate sales tax revenue, then suggested that by continuing the decision, more citizens would get involved.

Rogers Davis said the new well had a 350-gallon-per-minute output and suggested that the board take off the watering restriction. "We have the water. Just open the tap. Get rid of the restriction. The way to make revenue is to open the tap." Parker replied there is still a drought despite the increase in rain and that unrestricted water use might drain the reservoir, forcing the town to supply a higher amount of much more expensive well water.

Eric Dale contended that most of the town’s residents found out about the rate increases by the notation made on their August water bills. Dave Davidson said he attended the Water Committee meetings but was not allowed to speak since he wasn’t a committee member. He said he was appalled by the way the last town hall meeting was run and that the town had too many employees.

Richard Harding asked how much well capacity was being used, then said the town should "open the valve and see what happens." Several people commented about errors in figures published by the town on balances in the water enterprise and capital improvement accounts.

Sherry Brown asserted that the town needs to be run as a business, and the council has a fiduciary duty to its citizens. Brown noted that there are many private wells in the area and felt that well owners should also be required to pay a part of the cost of developing and maintaining public water facilities.

Trustee Gary Coleman noted in response that he was a well owner, and was already paying for the bond issue that funded the new well. He further stated that the costs to operate, maintain, and deepen his well as the aquifer drops come directly from his own pocket and not from the town.

Anne Jones said that the basic fees should cover minimum operating expenses if minimal usage continues, plus enough to build the repair and maintenance reserve to an acceptable level over a short period. If usage does increase, use rates should cover the non-linear costs of additional treatment and operational expenses of wear on infrastructure, plus the very high costs to supplement low-cost reservoir surface water with electrically pumped high-cost well water.

Parker stated that when citizens were asked at the July meeting to volunteer for the Water Committee, only three people responded. He also noted that a water expert attended the first committee meeting and found that the rates proposed for Palmer Lake were "reasonable" when compared to similar Colorado communities. Flake and Parker acknowledged the inaccuracies in the published figures and stated that they should have been validated before presenting them to the public. Flake committed to check similar information in the future before publicizing it.

The meeting turned acrimonious as town residents continued to present their points of view. Several residents stated that they didn’t feel all the facts had been presented for analysis and also suggested that votes on the two rate proposals be postponed. After a particularly heated exchange between members of the board and attendees, McDonald recessed the meeting for 15 minutes to let tempers cool.

After the meeting resumed, with a police officer present and tempers settled, resident Kim Makower announced that he was the publisher of Palmer Lake Independent News, a two-page bulk mail flyer. The single sheet of standard-size paper had listed an alternative rate proposal that advocated a lower base amount of water to keep the base rate as low as possible. He said he supported the motion to table the increases so there could be more citizen review.

McDonald noted that several people who had contributed to the $430 Makower said he had received had told her they were upset because they thought they had made a charitable contribution to the town’s water fund. Miner said there had been no names listed on Makower’s flyer, that it used unidentified sources, and did not provide balanced input to the discussion.

The council unanimously tabled the residential and commercial rate increase ordinances. Trustee Chuck Cornell’s motion to lift the current watering restrictions failed due to lack of a second. A list was passed around to obtain more citizen volunteers for the next Water Committee meeting. Of the 70 residents in attendance, 11 signed up.

Roads: Coleman read a letter from Palmer Lake Police Officer Rob Hamilton thanking Roads Supervisor Bob Radosevich for his help in arresting a fugitive on Starview Road.

Meadow Lane Extension: Developer Randy Jones asked the board for direction on whether to move the trees in the street right-of-way that neighboring property owners don’t want to see removed or to re-route the extension of Meadow Lane to the edge of the current right-of-way to leave as many trees in place as possible. Jones recently resigned as the PLTC Roads Trustee because of the continuing controversy regarding his development of this parcel. Several Westward Lane residents provided comments to the council.

Resident Tom Martinez expressed concern about wetland and floodplain issues within Jones’ development. He said the earthwork Jones had done had resulted in flooding at his house and that there is significant erosion around the wetland already. He asked the town to compel Jones to follow all proper procedures to assure compliance with applicable regulations and guidelines.

Resident Tim Nolan concurred with Martinez. He discussed the flooding in the area in 1997 and spoke at length of the town’s obligation not to make the adjacent floodway more dangerous to neighboring homeowners. Coons observed that she had frequently spoken to the council on this issue for four years. She said it was "only yesterday" that a trustee (Coleman) came out to look at her property, and that no neighboring property owners were notified of the visit so they could talk to him while he was there.

Rich Frane said that a six-foot culvert feeds into his one-foot culvert and that he had dug a 230-foot ditch by hand to keep his house from being washed away. He added that erosion had created a six-foot hole on Nolan’s property and that creation of more roofs, driveways, and roads would make flooding more likely and dangerous.

Jones responded by saying "To begin with, I’m the culprit." He said the development had been built to the specifications the town had set forth and also those of Kevin Stilson of Regional Floodplain Management. He acknowledged that sediment had covered a neighbor’s patio. He said he didn’t believe he should be required to go through a full planning hearing process with the Planning Commission and Town Council just to move his road within the already approved right-of-way (platted in 1955). "If it’s okay with the Army Corps of Engineering, why do I need your approval?"

Kin said the Planning Commission needs to investigate the need for a variance, and the Town Council needs to determine that Jones is in compliance. Therefore, Jones should make a standard application that would be handled by a normal review process.

Revitalization: Miner said she is attempting to organize an effort to revitalize Highway 105 as a "Main Street, USA" type project in order to qualify for grants to make improvements to the business center of the town. She asked the town if it would provide a 50 percent match to a state grant to hire consultants to develop plans for Main Street type improvements. Parker recommended that the matching funds come from local business owners who would directly benefit from these improvements. Any other funds needed for the match would have to be budgeted for in 2005.

Fire: Chief Lokken asked the council to decide whether or not volunteer firefighters can have red or red/blue emergency lights on their privately owned vehicles. Kin noted that deciding to allow the lights won’t change the town’s legal relationship with the volunteers and probably won’t affect its insurance rates. He cautioned, however, that the town could incur liability if the permit process isn’t properly followed, and insurance rates could increase.

Flake noted that the lights would not decrease volunteer response time, and Trustee Brent Sumner recommended against the proposal. Parker made a motion, seconded by Sumner, to recommend a no vote. The motion passed unanimously.

Other: Parker noted that he has been working on a $60,000 grant for an Emergency Response Plan, and the grant is currently in the second phase of the process. Notice was given of the Palmer Divide Public Safety Group Homeland Security exercise drill at Centennial Park west of the lake. The exercise was scheduled for Aug. 14.

The meeting was adjourned at 10:20 p.m.

View a photo of the Aug. 12 meeting

Wescott FPD considers new alliances

The Donald Wescott Fire Protection District is considering an alternative alliance with the Black Forest, Falcon, and Cimarron Hills fire districts now that Tri-Lakes Fire Protection District (TLFPD) has repeatedly rejected Wescott’s direct participation in Tri-Lakes’ merger talks with Woodmoor/Monument. The Tri-Lakes board has also eliminated any option for Wescott participation in a closest force response agreement.

Although Wescott and Woodmoor/Monument signed a memorandum of understanding (MOU) in April that would have created an interim fire authority to unify operations between the two districts, Woodmoor/Monument abruptly initiated exclusive merger talks with Tri-Lakes in May. In June, Woodmoor/Monument asked Wescott to prepare a similar draft MOU that would have also included Tri-Lakes, but Tri-Lakes has repeatedly rejected the three-way MOU.

At the Woodmoor/Monument board meeting on Aug. 24, President Si Sibell, Vice-President Rod Wilson, and Treasurer Jeremy Diggins reversed their position on pursuing an MOU with Wescott. Each of the three advocated termination of the MOU with Wescott and said they now agree with statements made by TLFPD President Charlie Pocock and Treasurer John Hildebrandt over the past three months opposing Wescott’s participation. Director Bob Harvey was absent that night and newly appointed Director Bob Hansen said "I am uninformed on this issue" and was not ready to vote. A formal vote to terminate the two-way MOU was postponed by Sibell until September so these two W/MFPD board members would have a chance to vote on the termination.

In addition, Wescott Chief Bill Sheldon confirmed that Woodmoor/Monument Chief Dave Youtsey notified him that Tri-Lakes had written Wescott out of the closest force response (CFR) agreement with Woodmoor/Monument.

Wescott is interested in considering the alternative alliance, though Sheldon said there had been no formal discussions with the other three districts. He said he has had informal conversations with each of the chiefs of Black Forest, Falcon, and Cimarron Hills about increased cooperation. An informal meeting between the chiefs and chairs of the boards of Wescott and Black Forest was held at 7 p.m. on Sept. 1. No announcements were made after that session.

Palmer Lake Town Council Workshop Aug. 5

Trustee Brent Sumner announced at the Palmer Lake Town Council (PLTC) Workshop meeting Aug. 5 that the Palmer Lake Volunteer Fire Department (PLVFD) received a grant from the Federal Emergency Management Agency (FEMA) for a total of $19,377. Drafts of town ordinances to increase the basic commercial and residential water rates were also discussed. Palmer Lake workshops provide opportunities for citizen input, procedural guidance, and advance notice of upcoming issues in an informal setting. All members of the council were present.

Roads: Trustee Gary Coleman discussed a request he had received from Tim Shank regarding the purchase of vacant property north of the Tri-Lakes Center for the Arts on Highway 105. Shank intends to develop houses on Columbine Street and a commercial building on Highway 105 over a period of about two years. Several issues remain to be resolved, including clarification of ownership on a part of Page Street, infill requirements for a flood plain area, and acquisition of a utility easement for a power line crossing the property along the undeveloped alley and street. Coleman asked if the board could give a conditional approval so Shank could move forward. Water Clerk Tara Berreth said that a full 30-day public notice cycle, including a planning commission review, would be required on the vacation request.

Meadow Lane Extension: Owner/developer Randy Jones requested advice from the council on where to move and replant trees that are in the path of the future extension of Meadow Lane. Coleman suggested that an appropriate location would be along the flood plain area near the roadway.

Community and Economic Development: Trustee Max Parker noted that there is some citizen interest in restarting the Economic Development Committee. Newly appointed trustee Trish Flake is working with former trustee Cindy Allen to update the emergency evacuation phone tree started during the Hayman fire two years ago.

Police: Trustee George Reese reported 145 cases for the month of July, compared to 142 for June. July’s cases included 5 automobile accidents, 70 traffic citations, and 26 dog warnings.

Fire: Trustee Brent Sumner reported a total of 18 calls in July, comprised of 3 fire, 5 medical, 1 traffic accident, 7 wildland, and 1 public assistance responses. The total for 2004 includes 81 calls within the town of Palmer Lake and 49 mutual aid calls, where PLVFD supported fire agencies in other districts.

Chief Julie Lokken said the FEMA grant funds would be used to purchase fire hoses, nozzles, wildland fire protection shelters, extrication equipment, a jet siphon, hydrant gate valves, safety vests, a ventilation saw, and a portable water storage tank (Portatank) that holds about 1,500 gallons. Lokken received from Masonic Lodge 195 a plaque of recognition as an outstanding community leader, in part due to her success in writing winning grant proposals, as well as her leadership in training and firefighting operations.

Sumner noted that Andrew Rinstadt has joined the fire department as a new member. He added that the department is still having trouble locating houses due to address numbers not being visible from the street. Residents are encouraged to make sure those numbers are easily identifiable from the street and to make appropriate changes as necessary.

Forty-four homeowners have requested and received mobile wood-chipping service for their cut-down trees and slash.

Firefighter Liability Issue: Lokken brought up liability issues regarding the use of emergency response lights on privately owned vehicles (POVs). A new state law, Colorado House Bill 04-1003, generally makes the use of such lights illegal on POVs, but does permit their use on vehicles owned by volunteer fire and medical personnel. There are certain permitting requirements such personnel must meet in order to use emergency response lights, however, and using these lights in emergencies shifts liability for any accidents to the vehicle’s owner. Emergency response lights on POVs do not authorize volunteers to violate normal traffic laws when responding to an emergency.

Lokken said the district within which the volunteer activity takes place is responsible for enforcing the use of emergency response lights, perhaps exposing the town to liability for incidents arising from their use. The PLVFD insurance provider, VFIS, does not cover any accidents involving firefighters’ POVs. Lokken said that the insurer of a POV would likely expect the town to pay part of the costs of an accident that occurred while a volunteer was responding to PLVFD emergency with emergency lights on, whether or not the firefighter was at fault.

Lokken requested that the town seek legal advice on the wisdom of permitting emergency lights on POVs owned by volunteer fire department personnel. She noted that several other districts had declined to authorize the use of these lights because of the liability issues created by the new law and the increased insurance costs for POVs so equipped. She requested that the council act quickly on the issue so she can give appropriate instructions to fire department personnel. Many of them have these lights and would need to be informed of any town policy changes as soon as possible.

Sumner and Parker concurred that the town would be considered liable. Lokken also said that the emergency lights must now be permanently mounted on a light bar and that the "Kojak" round dome lights are no longer legal. Her warning to volunteers is, "If you’re moving, you’re at fault."

Water: Trustee Chuck Cornell said water demand for the past month has been satisfied through the use of reservoir water; no pumping of town wells has been needed to supplement the flow. Water usage, however, is up considerably for this time of year. He added that the Colorado drought monitoring Web site still shows that the state is in severe drought.

Owners of the Willow Creek townhouse development on Highway 105 are requesting a commercial account for outside water. Water usage in the development is up because it has planted more grass than originally agreed upon and because bluegrass is being used. Bluegrass is very water intensive. Each unit has its own interior residential tap, but the community association waters the common areas.

Cornell noted that the rate for "outside" commercial water is the same as the residential rate, and that the community association would be required to purchase a commercial tap at an additional cost of $20,000 while realizing no savings. However, Cornell stated that commercial water rates are going to be revisited in upcoming council meetings, so the new residential and commercial water rate ordinances can be put into effect at the same time, tentatively the September billing cycle.

Mayor’s report: Mayor Nikki McDonald noted that the town office staff is short-handed over the next two weeks because of vacations. Interviews for a receptionist will begin once all staff members have returned.

Business Licenses: Scott Mitchell requested a license for his business, Burning Magpie Art Glass, a commercial stained glass company, to be temporarily located at his residence, 2547 Rocky Ford Drive. Mitchell noted that he had not yet found a satisfactory and affordable commercial location. Trustees asked a number of questions about the location of the home business, impact on neighbors, materials used, glass and lead waste disposal, and future expansion plans.

Since the business is to be located in a private residence, the town’s attorney would need to be consulted about adding restrictions to the business license that would limit the volume of production from that location. Flake asked Mitchell to bring documentation to the Aug. 12 Town Council meeting showing that his landlord, who lives next door, approves of him starting up this business within the residence. McDonald said the town attorney would be suggesting conditions to his license that will require him to move to a commercial space once the business reaches a transitional level. The council will vote on Mitchell’s application at the Aug. 12 meeting.

Rod Snow requested vacation of an interior lot line easement for lots 5 and 6 in the Lakeview Heights neighborhood. Coleman noted that such requests are not considered in the town council workshops. He said Snow would need to attend the Aug. 12 council meeting and secure all approvals by the time the application is submitted.

Water Rates: In response to citizen requests, the trustees at the July 8 Town Council Workshop formed a Water Committee to gather data and present further information on proposed ordinances to raise commercial and residential water rates. This committee met on July 14 and 20, and developed a summary document that was distributed to the public. From this input, Town Ordinances 3-2004 (increasing the basic commercial rates) and 4-2004 (increasing the basic residential rates) were developed. Both ordinances would go into effect with the September 2004 billing cycle. Each requires that, starting in 2005, rates be reviewed annually at the August or September Town Council meeting.

McDonald said the town was "not trying to do something to anyone. This is for everybody." Planning Commissioner Gary Atkins remarked that growth in the town without growth of the budget would lead to severe budgetary problems because of the future costs of maintaining new infrastructure created by developers. He said water rate increases were inevitable with new and aging pipes and wells. McDonald stated that if the town goes bankrupt, the state, rather than the county, would take over services and that the rate increase should surprise no one.

Resident Kim Makower read four questions and answers e-mailed to him by Charlie Pocock, one of the three citizen members of the Water Committee. Pocock contended that, rather than losing money for the last five years as stated at a previous council meeting, the Water Department has consistently operated at a profit. Pocock said that production costs for water equaled $6.50 per 1,000 gallons, but commercial users are only being charged $2 per 1,000 gallons. He suggested that a more equitable system be put in place and wrote that not all information relevant to the proposals has been made available to the public.

Lokken, acting as a private citizen volunteer on the Water Committee, disagreed with Pocock’s premises and conclusions, saying they may be based on bad data. McDonald concurred, saying some charts used by the committee had incorrect rate information. Lokken said that all three of the committee’s citizen representatives agreed that basic water rates needed to increase. She asked the trustees to revisit the commercial overage rate structure and ensure that it would be sufficient to cover costs of production.

Residential rates were scheduled for a vote at the Aug. 12 meeting. Further discussion of the commercial rate increase is likely to postpone a vote on that ordinance. Berreth indicated that notice of the increase in residential water rates, scheduled to begin on Sept. 1, had been printed on cards distributed to all town water users.

The meeting adjourned at 8:40 p.m. The next PLTC Workshop will be held at 7 p.m. in Town Hall on Sept. 2. PLTC Workshop meetings are normally held the first Thursday of the month.

On Aug. 16, the Monument Board of Trustees (BOT) approved the metropolitan service district plan proposed for the Walhborg addition that was annexed by the town on Aug. 2. The board also heard requests for eight scheduled guests and approved a regulation change for kiosk and mobile businesses. Trustee George Case’s letter of resignation from the BOT was accepted with regret.

The BOT is seeking applications for a replacement trustee. Inquiries by potential candidates should be made to Town Manager Rick Sonnenburg at 884-8012 or by e-mail to rsonnenburg@townofmonument.com.

Quarterly water report: Former Mayor Betty Konarski is the town’s representative and reported on activities of the Palmer Divide Water Group and the El Paso County Water Authority. The authority has funded three ground-water resource evaluations to enhance understanding of groundwater flow and aquifer storage in the Denver basin, effects of pumping from Denver Basin aquifers on water levels and interactions between ground water and surface water, and the development of effective water level monitoring. Also being developed by the authority is a revised "Transit-loss Model" that will more accurately predict and measure the amount of water that is delivered to the Arkansas River by the five various water regions contributing to the flows in Monument and Fountain Creeks.

The Palmer Divide Water Group is working with the Colorado Water Conservation Board on a study to secure a drought-proof water supply to the region. The northern providers sub-group is working with water attorneys Halepaska and Company to maximize the benefit of coordinating the uses of treated water discharged by regional wastewater treatment facilities. The group is also advocating full capture of the state’s consumptive rights of Colorado River water.

Police station: Resident Rick Squires has applied to be on the sub-committee of the Police Advisory Committee that will help design a new police station. He was project manager for construction of the World Arena and Plaza of the Rockies in Colorado Springs.

Street closures: The BOT unanimously approved a resolution that authorizes the closure of Adams Street south of the last house on the morning of Sept. 18 from 8 a.m. to 11:30 a.m. for the health fair sponsored by the Grace Best Elementary PTO. The board also unanimously approved a request from High Country Store to close Washington Street in front of the store on Sept. 11 from 7 a.m. to 4 p.m. to hold a "High Country Chili Cook Off."

Mountain Farmer: Owner Nom Hellbusch asked the board for guidance on how to seek vacation of the Third Street right-of-way between the railroad tracks and Mitchell Avenue that also serves as the entrance driveway to his Mountain Farmer garden supply business. He was advised to consult with the planning staff on the documentation and forms required to initiate the legal review through the planning commission and BOT.

Grant: Lee Kilbourn sought $3,000 of BOT discretionary funding for an application for a 50 percent matching grant from the state for organization, design, promotion, and economic restructuring. The state will offer 16 of these grants to Colorado communities with populations under 20,000. The $6,000 would pay for four consultants to enhance the downtown area as a Mainstreet grant candidate in the future. The board unanimously approved the $3,000 match.

Tri-Lakes Cares: Executive Director Judith Pettibone requested that up to $26,236 of town construction fees be waived on the new Tri-Lakes Cares building to be built on Jefferson Street. Requested fee waivers included land use permit fee of $100, the 2 percent use tax of $2,406, traffic impact fee of $10,825, drainage impact fee of $3,905, and water tap fee of $9,000. Attorney Paul Durbin noted that some or all of these fees are waived for other public service buildings such as churches and schools. Tri-Lakes Cares has outgrown its 3,400 square foot office space in the D-38 Big Red building. Town Planner Mike Davenport said the planning staff would draft a recommendation on which, if any, fees might be waived.

D-38 land dedication: Superintendent Dave Dilley asked the board to assist him in getting the Jackson Creek developers to complete the required dedication of land called for in the Regency Park annexation agreement. He said it called for a dedication of 25 acres and an option for 7.5 acres more within five years of the first dedication. The landowners dedicated 7.0 acres of the 27 acres Creekside Middle School was built on and took a tax deduction for the rest of this acreage as a donation. D-38 has taken the position that the donated land does not count against the 32.5-acre dedication total. The landowners’ position is that the school has received 27 acres of the requirement already and owes it only the small remainder of 32.5 acres. D-38 needs 34 acres for the expansion of Lewis-Palmer High School, if the ballot issue for a separate building is passed in November. The trustees took the position that this is an issue between the Jackson Creek landowners and D-38 only on advice of Town Attorney Gary Shupp. He said the wording of the Regency Park annexation documents and current town regulations differ and only a court could decide what D-38 is entitled to. A few days after the BOT session, D-38 filed a lawsuit against the landowners and the town seeking a court order for dedication of about 24.5 acres.

Mobile business regulations: Karen and Tim Evans, owners of Chick and a Windshield, objected to the Planning Commission’s recommendation to limit kiosk or mobile parking lot businesses to only three locations within town limits. The board agreed unanimously, allowing up to three locations to be approved administratively by town planning staff, but requiring the fourth and subsequent locations to be reviewed by the Planning Commission and BOT.

Franchise Fee letter: Board members chastised a representative of Mountain View Electric Association (MVEA) regarding a letter the association sent out to its customers regarding an uncollected 3 percent franchise fee. In 1995, the town passed the franchise fee on all utilities on residential and commercial billings. MVEA has never collected the fee and sent out the letter when the town inquired about where the nine years of revenue was. MVEA has taken the position that they only can remit the tax they have collected which to date is zero. Board members voiced their objections to the MVEA representative saying their letter appeared to blame the town for wanting nine years of back taxes. They said MVEA should pay the back taxes without collecting them from users. None of the board members participated in passing the franchise fee or even knew of it until recently. The statute of limitations on back taxes is six years. No action was taken by either side but a meeting between the town manager and MVEA general manager was suggested. Treasurer Judy Skrzypek asked that MVEA cease referring customer inquiries to her.

Wahlborg: The board narrowly approved formation of a metropolitan district within the recently annexed Wahlborg addition by a vote of 4-2 with trustees George Brown and Gail Drumm opposed. They expressed concern about creating another situation similar to the high debt of Triview Metropolitan District and questioned how the mill levy could generate enough revenue to pay the salaries of full-time district personnel. No citizen spoke in opposition. The metro district service plan calls for the district to perform all municipal services other than police, water, and sewer and be funded by a mill levy not to exceed 35 mills. The metro district will also perform several services typically assumed by homeowner associations as well. Community metro districts are becoming more common in small Colorado towns. The town will now be provided sewer service by five districts, fire by two districts, water by two districts, and road maintenance and snow removal by two districts.

In other actions the board unanimously approved:

The meeting adjourned at 10:50 p.m. The next meeting is on Tuesday, Sept. 7 at Town Hall at 6:30 p.m. Monday, Sept. 6 is a holiday. BOT meetings are normally held on the first and third Monday of the month.

The Monument Planning Commission once again has returned to a full membership of seven commissioners with the appointments of Eric Johnson and John Kortgardner, plus alternate Tim Davis.

A dozen Lariat Ranch residents complained that Vision Development’s new alignment for Kitchener Road southwest of Leather Chaps destroys their views (which they paid $5,000 to $18,000 to protect) and that spacing from major roads is now reduced.

The newly appointed commissioners were provided 3-inch thick loose-leaf binders containing a variety of subdivision and zoning regulations, local and regional development plans, and numerous planning and special district maps. Commissioners Ed Delaney and Larry Neddo were absent.

Vision Development’s Rick Blevins gave an overview of his company’s plans and issues for the build-out of northeast Jackson Creek. His discussion focused on the area north and east of Creekside Middle School to Higby Road and their compliance with the third amended zoning plan for Regency Park. He said 28 of the 223 acres will be devoted to parks, trails, and open space. Although Vision Development could build 707 dwelling units with the current zoning, they are planning for 599.

When asked when an elementary school would be built, Blevins said the houses are being built but they are not filled with kids. Many of the streets zoned Planned Residential Development-2 (PRD-2) are empty-nest homes, he said. The landowner has already given 27 acres of land to District 38. The future elementary school site is adjacent to Creekside Middle School on its west side. The original 10-acre elementary school site northwest of Leather Chaps and Kitchener is now mouse habitat.

Town Planner Mike Davenport said that District 38 was updating its plans regarding area elementary and high school construction, but the issue remains unresolved. Chairman Lowell Morgan asked if cash-in-lieu of dedicated land was part of the negotiations. Davenport said that Regency Park dedication and donation rules apply to this situation and they differ from town rules. These rules are defined in the town’s intergovernmental agreement on annexation of Regency Park, which includes Jackson Creek.

Commissioner Jim Thresher noted that parks remain inadequate and said, "Kids go from the Classic area to the Keller park," referring to the two homebuilders’ separate subdivisions. Commissioner Kathy Spence said that Jackson Creek’s lack of parks is similar to the shortage of parks at Highlands Ranch, where the development spans several miles with only tiny pocket parks. She said Blevins should make the development "desirable."

Blevins briefly discussed the improvements his company is making in widening Baptist Road between Jackson Creek Parkway and the northbound ramps of I-25. He said the beginning of "temporary" or "throwaway" improvements to ease congestion has been held up by the U.S. Fish and Wildlife Department (FWL) never approving their mouse habitat mitigation plan for this short segment of the roadway. Originally, the widening of the road to four lanes was to have been completed before Home Depot opened. Then the completion date slipped to Dec. 31, six months after the store opened. There is no longer an estimated date for completion of the widening construction.

The phrase "throwaway" refers to the fact that the Colorado Department of Transportation (CDOT) will destroy this widened road segment if or when they rebuild the interchange. CDOT has already approved the proposed interim widening plan. However, it appears likely that no funding for the permanent interchange improvement will be available for at least 10 to 12 years.

On the other hand, Blevins noted, if the mouse is de-listed, the process will likely take five to 10 years. The issue is further complicated by a recent FWL announcement that they may change the name of the mouse to one that may be considered endangered in an even larger area—extending from the existing southern boundary in Colorado Springs beyond the current northern boundary in Wyoming into Montana.

Owner and Monument resident Stephen Walsh sought approval of a use by special review for this house that has been rented for the past three years as a commercial business. Walsh is seeking the option to rent it as a residence. He wants the temporary rezoning because local banks considered the building "business only" and would not refinance the loan under that condition. Town regulations require a hearing process in order for a commercial building to be used as a residence, even if it is actually a house.

Planner Mike Davenport reviewed all the conditions that must be met for BOT approval of this "conditional" use, saying the building met them. He also noted that the Parks and Landscaping Committee had recommended that the shed in the backyard be painted as a condition of approval. This area of downtown is zoned mixed use, meaning residential and commercial. The commission unanimously approved his request, with the shed painting condition.

Thresher recused himself from consideration of the final plat and final PD site plan for Lariat Ranch Filing No. 3 and took a seat in the audience.

Blevins presented Vision Development’s plans for the final phase of Lariat Ranch, which lies north and west of the completed phases of Lariat Ranch and south of Creekside Middle School and extensive mouse habitat. The proposal calls for 98 semi-custom homes and six landscape tracts for open space and trails. The proposed density is 2.54 dwelling units per acre, although the zoning (PRD-4) allows up to four per acre.

Blevins again referred to the substantial impact the mouse has had on the original plans for Jackson Creek, and said the fire station and police station in the original plan would likely be adjacent to the planned electrical substation to the north.

He also listed changes that had been made in direct response to residents’ concerns. Concerns included:

The most controversial issue was the concern of homeowners on Oxbow Drive, next to the new filing, who had paid premium lot fees of up to $18,000 to Keller Homes and felt that the new construction would destroy the "protected views" of Mount Herman and the Palmer Divide that they had paid for. Blevins said several times that he would attempt to have the homebuilders in the new filing limit the height of their homes, but they should seek redress from Keller, who built their homes, and their real estate agents who may not have protected their interests.

The commissioners and Town Attorney Gary Shupp agreed in general with Blevins’ position of "buyer beware," but were sympathetic to their concerns. They suggested that the citizens with view issues should seek redress from Keller Homes, noting the town could not help them. Morgan noted that a precedent had been set in establishing a requirement for one-story houses on some lots in the Carriage Project.

Blevins and Davenport responded to a number of concerns and questions from adjacent homeowners. One question that remained unresolved for the citizens was the grade and path of Kitchener Road, which has changed since the original platting due to mouse habitat. Kitchener now intersects with Leather Chaps farther south than originally planned, and the contours of the land force the road’s surface to be much higher than originally planned.

Kichener will now be much closer to the back fences of the homes on Oxbow instead of over 100 feet as originally planned. The road surface will be at or above the level of their ground floor windows. The steep grade of the Kitchener Road drainage ditches will mar their view and could create storm water runoff problems. Blevins said the road must rise to the level of the existing Kitchener intersection on the opposite side of Leather Chaps and not exceed a 4 percent grade. After the meeting, these residents discussed the options they would have if they were to sue Keller.

After the public hearing was closed, Morgan expressed dismay over the impact of piecemeal development by different developers; the other commissioners concurred. Davenport said that Police Chief Joe Kissell would have the dump truck/stop sign issue revisited, that Town Engineer Tony Hurst would inspect the grading, and that he would contact the county health department to notify them of stagnant pooling of drainage water around the site. Blevins requested a meeting with all the concerned homeowners before the BOT meeting on Sept. 7.

The commission voted 3-1-1 to approve the final plat and final PD site plan, with Kortgardner opposed and Thresher angrily abstaining. Thresher then returned to his seat at the commissioners’ table after a recess at 9:45 p.m.

Background: Davenport has been working on creating a single integrated and consistent zoning and subdivision document. He had hoped to have it completed before the April election, but the previous BOT had not finished the approval. A number of individual regulations have been changed.

Trustee Gail Drumm had previously requested that Davenport prepare a document that shows the original and final wording of every change to every regulation before the BOT votes on it. However, Davenport has said in the past that the amount of work involved in preparing a "before-after" document would be enormous. The previous Planning Commission had held hearings on all the revisions in the consolidated regulations for two years under the direction of then Chairman Dave Mertz, who is now a trustee. The planning staff has been three times as busy this year processing applications for numerous annexations and new subdivisions, and Assistant Planner Tamara Nazario recently moved out of town. Davenport has said he does not know when he will able to complete the document Drumm has requested.

Action taken: The commission unanimously approved the following proposed changes:

Shupp distributed a liability orientation briefing prepared by the town’s insurance provider (CIRSA) for each commissioner to have as a reference. The commissioners asked Davenport to list the businesses that are considering building at Monument Marketplace. He said they include Wells Fargo Bank and Kohl’s. Another building will house a coffee shop, a mortgage company, and a Verizon cell phone outlet. He added that if Wal-Mart does decide to build a 200,000-square-foot store on Pad A, then the 50 percent completion threshold will have been met, and the developer will begin construction of the clock tower.

The meeting adjourned at 10:45 p.m. The next meeting will be held at Town Hall on Sept. 8 at 6:30 p.m.

On Aug. 10, landscape architects Paul Poppert and Bryan Kniep of Land Patterns, Inc. presented their final draft proposal for the new downtown "Historic Monument" entrance signs to the Monument Parks and Landscape Committee. Their plan also included suggestions for other improvements along Second Street east of Beacon Lite Road.

The committee unanimously recommended the design to the Board of Trustees (BOT) and also recommended that the BOT approve unbudgeted structural engineering design work costing about $1,000 as the next step toward completion of the project. Poppert and Kniep provided guidance on the appropriate types of plants and the amount of work that could be done by volunteers for ongoing maintenance and weeding of the plant beds.

The entrance signs are to be installed at the intersection of Highway 105 and Second Street using $30,000 in community development funding. Any additional costs would be paid for with BOT discretionary funds. The larger sign is 20 feet wide and will be placed on the southwest corner, while the smaller 5-foot wide column sign will be on the northwest corner. The ledgestone veneer is similar in style to the masonry on the recently constructed bridge over I-25, and the color is similar to that of Monument Rock. The cement will be a complimentary beige cream color.

There will be a variety of trees and plants that should provide color in spring, summer, and fall. Three flagpoles costing an additional $5,000 were also added to the larger sign, two 30 feet tall and one 35 feet tall, in addition to the banner pole. The plants will be irrigated, and the sign and flag poles will be illuminated. The cost of the lighting equipment is included in the estimate, but the labor for installing it is not.

The design must also be approved by the Colorado Department of Transportation, as it is in their right-of-way. The larger entrance display would cost approximately $34,000, while the newly proposed smaller display would cost about $14,000.

GOCO grant: The committee reviewed results of a citizen survey conducted by the town on preferred park improvements that will be part of a town application for another Greater Outdoors Colorado grant. Four surveys were returned out of 1,000 sent out to Monument addresses.

The recommendation of the committee parallels the survey result that the top priority is to expand and improve Limbach Park. The consensus was that there should be a new master plan that includes a new stage, consolidated playground equipment, off-street parking, and restroom facilities.

The committee also discussed the feasibility of seeking a one-year grant that would pay for a full-time employee to serve as a "Main Street" manager who would coordinate the town’s new projects for Second Street and the businesses on cross streets. The committee then unanimously recommended a permanent parks manager position for the town.

Town Planner Mike Davenport responded to questions about the Public Works Department performing weed cutting instead of weed killing, the town’s approval of the Wahlborg annexation proposal, which new stores might be built in the commercial area of the Wahlborg property and the Monument Marketplace, the status of Walgreen’s inquiry about a downtown location, and whether the empty Rite Aid building might be filled.

There were no decisions on any of these issues. Davenport distributed a handout from the town’s insurance provider (CIRSA) to committee members for their information.

The meeting adjourned at 8 p.m. Parks and Landscape Committee meetings are normally held at Town Hall on the second Tuesday of the month. Their next meeting will be held on Sept. 14 at 6:30 p.m.

The board of the Monument Sanitation District (MSD) accepted the letter of resignation that board president Connie DeFelice submitted on Aug. 16. DeFelice said there was a conflict of interest between the board having to address actions regarding dissolution of the district and her husband, Sam, owning a number of sewer easements within the district. The board has 60 days to appoint a replacement director and will advertise for candidates. Lowell Morgan was elected to the vacated position of chair of the board.

Treasurer’s report: Richard Pankratz has purchased a $7,000 commercial restaurant tap for the 1,100 square-foot expansion of the Pankratz Art Gallery near Second Street and Beacon Lite Road. A grease interceptor has been installed so the space can be rented as a restaurant. The first tenant will finish the interior of the expansion to their specifications and determine the number of additional fixture units required.

Tap fee revenue has already slightly exceeded the amount budgeted for all of 2004. District Manager Mike Wicklund noted that since 1996, almost every sanitation district in the state has adopted a minimum requirement for pre-treatment of grease from restaurants. He noted that some older restaurants do not have grease interceptors due to "grandfather clauses," citing Director Jeremy Diggins’ Coffee Cup Restaurant, where the only available space is under the street pavement in front of the building.

Diggins said a grease trap, which typically is inside a restaurant and holds up to about 40 pounds of grease, works well if kept clean. A grease interceptor is usually located outside the building and may hold 1,500 to 3,000 gallons. He added that an outside grease interceptor is usually the best choice for a restaurant. Wicklund said it is district policy to encourage in-depth pre-construction meetings with new building owners to ensure that all requirements have been discussed.

Copper Measurements: The Environmental Protection Agency and state Health Department are negotiating new standards for a variety of chemicals and metals in the treated wastewater discharged into Monument Creek. There have been a few measured values of test samples this year that exceeded the maximum amount of "potentially dissolved copper" (17.4 parts per billion), although all the most recent test samples from June were well below the average maximum test reading of 12.0 parts per billion.

Joint Use Committee: Morgan reviewed the outcome of the three-hour Joint Use Committee (JUC) meeting on Aug. 16. The committee consists of two board members each from MSD, Woodmoor Water and Sanitation District, and Palmer Lake Sanitation District as well as some employees of the Tri-Lakes Wastewater Treatment Facility (WWTF), located at the south end of Mitchell Avenue.

Morgan said the committee had a lengthy discussion on options regarding the testing for ultra-low limits of copper in the water discharged by the WWTF into Monument Creek. They concluded that a different testing protocol should be attempted using more completely decontaminated equipment and containers for sending the water samples to a consultant lab for testing. The deionized water used to clean the sampling equipment can have up to 10 times the allowable average concentration of copper (up to 120 parts per billion), and the plastic bottles used to store and ship the water samples are formed on copper molds that can also contaminate the inside of the bottles.

Morgan and Wicklund reported that the new ultra-low maximum limits have also caused many other sanitation districts to change testing methods as part of a "statewide learning curve." The district’s lawyer, Tad Foster, is working on negotiations regarding the standards for a new WWTF permit, which must be renewed by November. The occasional high copper readings may have resulted from illegal waste dumping upstream of the WWTF, but a new testing regimen will still be enacted.

The new testing regimen will affect how future construction is designed at the WWTF. The MSD board decided they want a more precise contract with the designer of the building. The previous architect for this addition is no longer working on the project because of cost overruns he incurred without a written contract.

The addition as now proposed contains a foyer with a receptionist station, three new offices, three lab work stations with appropriate firewalls and ventilation, and a conference room for JUC meetings. The MSD board would like to reduce the original design cost of $600,000 to $450,000 or less.

Dissolution of MSD: John Dominowski and Ernie Biggs submitted a revised form of application for dissolution of MSD after receiving proposed corrections of their first form from Secretary Glenda Smith. MSD attorney Larry Gaddis noted that there is no basis in law for the revised application’s clause that restricts the transfer of MSD assets to the town of Monument, eliminating the option of another sanitation district–such as Woodmoor, Palmer Lake, or Donala–taking over.

Gaddis said he had consulted a law firm that specializes in special district formation and dissolution to verify his legal opinion on the Town of Monument restriction. Gaddis advised the board that it must do what is best for its constituents if MSD is dissolved, regardless of the desires of Dominowski and Biggs. Morgan concurred, noting that Woodmoor is already a co-owner of the WWTF and has five times more sewage flow than MSD, while the town has never been responsible for any sewer system.

Gaddis also said that MSD faced substantial legal costs in dissolving its relationship with the JUC as well as sewer line right-of-way owners. Wicklund said he had met with Biggs to try to resolve issues underlying the legal action.

Wicklund said Biggs adhered to the position that the board should allow the dissolution without any legal opposition or he would be forced to resurrect his newsletter called Eye on Monument that he and Dominowski published prior to the Monument Board of Trustees (BOT) recall election on Sept. 11, 2001. Biggs then sent Morgan an e-mail stating the board should vote to dissolve the district, with the same "Eye on Monument" threat. Morgan was one of the trustees recalled in that BOT election.

Morgan said Biggs should attend a board meeting to discuss political issues, rather than discuss them with MSD employees. Gaddis said the most appropriate action by Dominowski and Biggs would be to lobby for a change in legislation that would allow petitioners to direct who should take over a dissolved district. Director Jeremy Diggins said "having a vote of the people is the way to go."

Wicklund noted that only 75 percent of the district lies within Monument’s boundaries–less than the 85 percent minimum required for the town to be able to unilaterally take over MSD. However MSD only serves a third of the town’s residents and is only one of five sewer districts serving Monument residents.

Diggins said all the special districts should go away. Wicklund said that very few small towns in Colorado provide their own water or sewer services, relying on special districts to provide these utility operations. He added that if the town had followed the district’s advice and annexed the Zonta parcel south of Wakonda Hills, they would have the minimum 85 percent of land area required to take over unilaterally. Wicklund said that the special districts are more efficient in providing water than the town has been.

Wicklund reported that the new sewer easements for the new SDK buildings by Mitchell Avenue have been recorded. The board unanimously approved the new connections. The board also unanimously approved the preliminary drainage plans that will be submitted to the town as part of the Trails End annexation package. The parcel is adjacent to the southern and western boundaries of the Villages of Monument subdivision and extends from the west edge of Old Denver Highway across the railroad tracks. The portion west of the railroad tracks and along the parcel’s south border is mostly mouse habitat. The discussion on creation of zero discharge permits was deferred to the next board meeting.

While confirming who would attend the statewide Special District Association conference in September, Diggins said he may miss the next two board meetings for his wedding and honeymoon respectively. Diggins said his fiancé is an employee of Biggs. Diggins purchased the Coffee Cup Restaurant from Dominowski after managing it for him. Dominowski owns the shopping center that includes the Coffee Cup, and Diggins rents the space for the restaurant from him.

On Aug. 26 Biggs and Dominowski brought in a third form of application to dissolve the district. This document also directs that MSD assets should be taken over by the town even though the district has informed them that state statutes don’t allow petitioners to choose the entity that would take over a district’s assets. It is Gaddis’s legal opinion that the statutes instruct the board of directors to decide "in good faith" which entity is best suited to take over the services and assets of a dissolved district.

The meeting adjourned at 8:45 p.m. The next meeting is on Sept. 21 at 6:30 p.m. in the district office at 130 Second St. The MSD meetings are held on the third Tuesday of the month.

At its regular meeting Aug. 25, the Triview Metropolitan District Board of Directors approved $12,000 to improve traffic safety at Creekside Middle School as a response to concerns raised by Jackson Creek resident Patty Abraham. The board also discussed the status of various developments within the district, including improvements at Homestead Park, being coordinated by Jackson Creek resident Tonya Bjurstrom, and the $724,000 overrun on the cost to construct the roads and other infrastructure needed for the Monument Marketplace. Byron Glenn, Monument Mayor and husband of Triview director Julie Glenn, Lewis-Palmer School District 38 superintendent Dave Dilley, and transportation manager Hal Garland also attended the meeting.

Abraham said her son is in the sixth grade at Creekside. She expressed concern about traffic safety at the middle school when parents are dropping off or picking up children. She noted that there is significant traffic congestion . She added that some parents are parking in the driving lanes and children are crossing between cars. Abraham said the school zone signs on Leather Chaps are too close to the school to be optimal. She concluded, "I would hate to see an accident or fatality."

Ron Simpson, manager of the Triview district, cited the recent completion of Leather Chaps Drive to Jackson Creek Parkway, the start of the school year, and the increase in enrollment at the school as contributing factors to the problem but said, "This is more than just a school opening awareness issue." He called for cooperation between the Triview district, Lewis-Palmer school district, and the town.

Simpson said that Roger Miller, traffic engineer with Triview district’s engineering consultant Nolte and Associates, reviewed the situation and defined four steps for addressing the problem.

1. Revised traffic patterns to reduce congestion near the school, at a cost of about $2,500 for signs, curb and gutter, and restriping of some of the parking areas.

2. Add in-street pedestrian crossing signs and flashing lights to the school warning signs, at a cost of about $5,800.

3. Add a four-way stop at Leather Chaps and Creekside Drive, at a cost of about $300.

4. Install pedestrian-activated crossing signals on Leather Chaps Drive at a cost of about $115,000.

Simpson said he supported steps 1 and 2 but expressed concern about steps 3 and 4. Regarding the proposed four-way stop, he said, "There are problems when a school is located on a collector street. I’m sorry, but the collector street was there first. Adding a four-way stop destroys the money spent building Leather Chaps as a collector." He added, "I recommend against Step 4. I don’t know that I want kids controlling traffic on a collector street. We might instead signalize the intersection."

Miller stated, "The biggest issue is that cars are parking in the travel and turn lanes. I counted 21 cars parked there and saw kids walking in between the cars." District president Steve Stephenson asked, "What about crossing guards?" Dilley said, "It is not a decision we have made." He noted that there are questions about dependability of crossing guards and potential liability issues for the school district but said, "We are willing to reexamine this issue. I will be discussing it with my board." Garland added that 85 percent of the kids are bused, using 17 buses.

Dilley noted that the governor signed a bill encouraging children to ride bicycles to school. He offered to work with the Triview district to pursue grant money to improve bicycle routes to and from the school.

Rick Blevins, representing the Jackson Creek developer, said the re-striping and sign changes should be done right away and then the district should look at adding flashing lights. Simpson noted that solar powered flashing lights would be about twice as expensive but would eliminate the expense of having electrical power brought to the signs.

The board unanimously approved expenditure of $12,000 to cover implementation of Step 1 and Step 2. Director Martha Gurnick, who made the motion for the expenditure, suggested the district seek partial reimbursement from the school district and the town.

Jackson Creek resident Tonya Bjurstrom reported on residents’ efforts to acquire playground equipment and make other improvements to Homestead Park. She said $6,900 has been raised. She said the group favors a swing set and climbing area and offered to work with the district to apply for a $30,000 Great Outdoors Colorado (GOCO) grant to help with the cost.

Bjurstrom noted that the residents’ donations combined with the $5,000 in district funds approved at the June 23 board meeting more than satisfy the 30 percent matching funds requirement for the GOCO grant. The board unanimously approved working with the residents to apply for the GOCO grant.

Blevins representing Marketplace developer Vision Development, Inc., reported that construction plans are progressing for the Wells Fargo bank branch. It is scheduled for completion within the next four to five months. He added that discussions with Wal-Mart and Target are continuing.

Simpson reviewed a memo from the Woodmen Hills Metropolitan District on their experience with operating swimming pools. He said they contracted with the YMCA to operate their pools. Simpson noted that the Woodmen Hills district recommended one large pool oriented to use by children, noting that the lap pool is not being used very much. The Woodmen Hills district also noted that initially residents were in favor of a pool, but preference now is for non-pool recreational facilities such as tennis courts.

The Waste Water Treatment Facility (WWTF) is jointly owned by the Triview district, the Donala district that serves Gleneagle, and the Forest Lakes Metropolitan District that currently does not have any users.

Chuck Ritter of Nolte and Associates, engineering consultant for the district, reported that the district prepared a list of questions regarding the planned expansion of the WWTF. GMS, the engineering consultant for the Donala Water and Sanitation District, will prepare responses. Ritter said Triview is interested in postponing the more expensive phases of the project and is looking closely at ways to reduce costs. He added that Triview is now expected to pay 52 percent of the estimated $8 million cost for the expansion.

In response to a question from Stephenson, Ritter said the designers favor conversion to use ultraviolet light to disinfect the effluent from the plant. He said this process is preferable to the current system using chlorine gas or an alternative process using liquid chlorine.

Ritter said that Union Pacific Railroad has visited the site of the proposed at-grade crossing of the rails for access to the WWTF and moved some equipment but has not returned. The current crossing goes under the tracks using a trestle that will not accommodate the construction equipment needed for the expansion of WWTF.

Ritter said there are problems regarding reuse water for irrigation of individual pad sites and interior landscaping at the Marketplace. Blevins added that the reuse system has not been piped to the interior of the Marketplace site.

Simpson said, "Reuse water is really needed for peripheral landscaping, Jackson Creek Parkway, and the school." As to the potential for Marketplace tenants irrigating with reuse water he said, "We can’t guarantee that they will be permitted."

The State Department of Health and Environment grants permits for applications of reuse water from wastewater treatment plans. Simpson said, "We are not going to require that small users tie into the reuse system." He added that larger users such as Wal-Mart or Target might be required to irrigate with reuse water.

Simpson announced that Triview’s water supply system is approaching capacity with the currently approved subdivisions. He said, "The next subdivision will require another well."

Peter Susemihl, attorney for the Triview district, said electric service users within the town including the Triview district have received letters from Mountain View Electric (MVEA) stating that MVEA failed to collect a 3 percent franchise fee called for by their 1995 agreement with the town. He said the fee was to have been paid to the town in exchange for use of utility easements, power poles, and other town facilities. He added that the wording of the agreement obligated MVEA to pay to the town those fees it collected. Since it collected no fees, he said that MVEA’s position is that it does not owe the town any money and further that it is the town’s responsibility to collect back fees. Susemihl added that a six-year statute of limitations applies.

MVEA says it intends to collect the fee on future bills, although electric use by governmental entities will be exempt. Susemihl said he will request the town amend the franchise agreement with MVEA to explicitly exempt Triview from paying the fee.

School district filed suit against Jackson Creek Developer

Susemihl reported that the Lewis-Palmer school district has filed suit against the Jackson Creek developer over a dispute regarding land dedication.

Blevins said the developer had ongoing discussions with the school district regarding land for potential expansion of Lewis-Palmer High School. He later said the dispute arose over interpretation of the amount of school land called for in the Regency Park annexation agreement signed by the town in the 1980s and may be connected to cost estimates used to support a ballot issue on expansion of the high school.

Phase G is the collective label for the roadway, water, wastewater, reuse water, and drainage improvements associated with the Monument Marketplace project. Blevins said Phase G was budgeted at $7.5 million. The final cost was $8,223,944, which is 9.6 percent over budget. He said $397,606 of the $723,944 overrun was for additional landscaping and irrigation in the medians. The remaining $326,338 was due to unexpected difficulty with earthwork, additional paving expense, erosion control, and problems with unmapped fiber optic cables encountered when constructing the sewer interceptor.

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The Triview Metropolitan District Board of Directors normally meets on the fourth Wednesday of each month, 4:30 p.m., at the district offices, 174 N. Washington St. The next meeting will be held Sept. 22.

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

Consultant Roger Sams, of GMS, gave the Donala Water and Sanitation District Board an overview of his firm’s plans to install a sequencing batch reaction (SBR) wastewater treatment plant at the Upper Monument Creek Regional Wastewater Treatment Facility (WWTF). General Manager Dana Duthie noted that water usage is down this summer due to the frequent rain.

The Donala board will begin consideration of rate proposals for the coming year at the next board meeting. Duthie was especially concerned that all lot owners be informed of these considerations so they would be aware of any change in the "availability of service" (AVS) fee they must pay annually until they actually initiate water and sewer service. A notice about the AVS rate considerations will be sent to all undeveloped lot owners as well as current customers. President Charlie Coble was excused from the meeting.

Sams began his presentation by noting that Donala is a co-owner of the WWTF that is located about a mile south of Baptist Road, just west of the railroad tracks. Triview Metropolitan District and Forest Lakes Metropolitan District are the other two owners. The plant’s Colorado Health Department permit allows treatment of a maximum of 875,000 gallons of wastewater per day. The plant is also rated to handle a maximum of 2,091 pounds of organic load or biochemical oxygen demand (BOD). Normally the need to expand a WWTF is triggered by reaching the organic load limit before the limit on discharged (effluent) water flow rate is reached.

Sams then presented a time-line chart that showed several projections of flow through the plant for the next five years, 2005 through 2009. The current proposal calls for construction to be completed by December 2007.

Sams also noted that planning for expansion must begin when a WWTF begins to operate at 80 percent of its liquids or solids capacity. Construction for the plant expansion must be underway not later than when the plant is operating at 95 percent of its capacity, which will occur in mid-2006 under the most conservative (highest flow rate) projection. Construction must be completed before the plant exceeds the specified capacity of the permit.

The plant is currently operating on average at between 40 percent and 50 percent of its maximum BOD design capacity, and just over 500,000 gallons per day. There have been occasional peaks in the past five years up to 700,000 gallons per day, depending on the season and amount of rain. The district’s program for sealing its wastewater lines with new linings has substantially reduced the amount of groundwater that seeps into them through small leaks in the joints or holes caused by penetration of tree roots, which has substantially cut peak flows after storms.

Donala serves a primarily bedroom community (Gleneagle) that produces wastewater flows that peak at 2.0 to 2.6 times the average flow during the evening throughout the year. Current construction plans call for the expansion to increase the capacity to 1.75 million gallons per day and, at complete build-out for all three districts, up to between 2.6 to 3.0 million gallons per day.

Forest Lakes has already purchased all the capacity it will ever need and will not be investing in this expansion. Donala should be covered by the currently planned expansion and will be fully built-out before the expanded plant’s capacity is exceeded. Triview’s build-out will require another expansion at some time in the future, and only Triview will pay for that expansion.

The Donala/Triview/Forest Lakes WWTF is surrounded by contiguous mouse habitat on three sides and the railroad track to the east, eliminating the option to use more land area than already exists inside the fence. The current driveway goes under a railway trestle bridge and is often flooded. The bridge opening is narrow and restricts the size of the trucks that haul out the solid waste sludge. The opening is also too narrow to allow access by a tanker truck large enough to economically haul out liquid sludge.

A private at-grade railroad crossing is projected to be built just south of the existing trestle bridge to eliminate these two constraints. The estimated cost from Union Pacific for construction is $65,000 plus about $45 per hour for a flagman while it is being built. When completed, the crossing will be gated and only accessible to employees going in and out of the plant to ensure the safety of the private crossing.. 

The current plan is to convert the facility, while it remains fully operational, to the SBR process. Sams said the proposed SBR designs call for a more vertical process that can be built upon existing structures, in part, and will use a smaller footprint than other treatment regimes such as the lagoon process in operation at the Tri-Lakes WWTF on the south end of Mitchell Avenue.

Some SBR equipment will be installed in the same locations as existing equipment, but deep excavations will allow the maximum building heights to remain essentially unchanged. An equalization basin will be added to the facility to temporarily store peak influent (in-coming) flows that are released at a lower constant rate after the peak surge of inflow passes. A new influent pumping station will be needed to lift wastewater to the top of the processing equipment to begin treatment.

Two different methods of performing SBR wastewater treatment have been observed by representatives of the co-owner districts during site visits to existing SBR i