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Palmer Lake Railroad Festival Rolls On

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Below: Train displays in Palmer Lake Town Hall. Photos by Jim Kendrick

Below: Noreen Griffin and her son Hayden enjoying the railroad festival. Photo by Jim Kendrick

Below: A small part of the expanded swap meet. Photo by Kelly McGuire

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The Palmer Lake Railroad Festival expanded this year from two to three buildings delighting children and train buffs of all ages. Train displays filled Town Hall as usual, while an additional display was added to fill two of the main engine bays of the Palmer Lake Volunteer Fire Department (PLVFD) station. The swap meet spilled out of the Palmer Lake Elementary School cafeteria and down the hall.

A new addition to the Sept. 24 festival was the first edition of Dining Car News, with feature articles on local railroad history, hobo stew, and Fred Harvey who pioneered the Harvey Hotels along the routes of the Santa Fe Railroad, then expanded to create Harvey Dining Cars and the Harvey Girls who waited on tables in the first dining cars. In that spirit, the News also listed recommendations for all the town’s restaurants and inns.

The proceeds from the festival are donated to PLVFD.

In an unexpected development at the Colorado Springs District Court House, District Attorney Robyn Cafasso announced that defendant Patricia Unger refused her previously mediated plea agreement to charges of embezzlement of funds from the Forest View Acres Water District. Unger’s attorney Timothy Bussey cited his client had "questions about dispensation of funds."

Judge David L. Shakes declared the criminal and civil mediation effort at an end and set Unger’s preliminary hearing to answer to criminal felony charges for 9 a.m. on Friday, October 14. That hearing was subsequently rescheduled to October 13, 10 a.m.

Under the mediation agreement, Unger’s civil charges would have been combined with her criminal case.

Unger now faces the possibility of 4 to 10 years’ imprisonment plus full restitution of funds. Embezzlement of such a large amount of money—in this case, allegedly at least $315,000—is considered a major Class 3 felony.

Although Unger’s husband, Dennis, has not been charged with criminal activity, her present withdrawal from the mediation agreement will have no effect on the pending civil suit filed against both of them.

If Unger’s criminal case goes to trial, it will not be expected to take place until early next year.

BRRTA to build frontage road

Below: BRRTA attorney Jim Hunsacker indicates potential properties for inclusion. (Clockwise from left) Monument Mayor Byron Glenn, Hunsacker, PBS&J Project Manager Steve Sandvik, Chapparal Hills resident Linda Silveira-Carlson, county planning commission chair and Chaparral Hills resident Steve Sery, and Director of Development for the Monument Marketplace Rick Blevins. Photo by Jim Kendrick

In a special meeting on Sept. 16, the Baptist Road Rural Transportation Authority (BRRTA) announced it would move forward with building the frontage road that would provide alternative access to the Family of Christ Lutheran Church and three adjacent lots to the east from Leather Chaps Drive.

The BRRTA board is composed of three county commissioners (Jim Bensberg, Dennis Hisey, and Wayne Williams) and two Monument representatives (Mayor Byron Glenn and Trustee David Mertz). Bensberg and Mertz were absent.

District Project Manager Conner Shepherd reported that there were three BRRTA payments totaling $9,073.05: $1,021 to Linda Silveira-Carlson, $5,646.45 to Grimshaw & Harring PC for legal work, and $3,426.60 to R.S. Wells LLC for management services. He also noted that 13 invoices for engineering work performed by consultant PBS&J totaling $179,229.30 had been forwarded to Pikes Peak Rural Transportation Authority (PPRTA) for payment. Five invoices for land acquisition totaling $2,216.32 from right of way consultant Wilson & Company were also forwarded to PPRTA for payment. Shepherd also reported a donation of $100 from Mt Vernon Estates LLC, owner of the Promontory Point parcel, and a pro-ration of $5,192.32 for taxes owed the property.

PBS&J Project Manager Steve Sandvik reported that the review of the final plans for the project by all the affected agencies had begun on Aug. 25. He was preparing bid package sets for the Oct. 1 project advertisement. Bids will be submitted by late November or early December. The construction contract will be awarded in late February or early March.

Brad Rodenburg, real estate services manager for Wilson & Company, reported that there was only one outstanding right of way parcel that was not purchased or under a pending contract. The appraisal for that parcel had not been received.

Monument Town Manager Cathy Green reported that building construction would begin in November at the Monument Marketplace for Wal-Mart and Chili’s restaurant.

BRRTA attorney Jim Hunsaker, of Grimshaw & Harring, reported that the BRRTA contract with PBS&J had been amended to include Pikes Peak Rural Transportation Authority (PPRTA), which will now begin making the construction payments. The amended contract was approved unanimously.

The first amendment to the intergovernmental agreement between BRRTA, PPRTA, and El Paso County was also approved unanimously. The amendment adds acquisition responsibilities

As a safeguard to ensure that there is no delay to the construction project, the board unanimously approved a resolution of necessity that would allow for condemnation of the last six right of way properties if there are any delays in final acquisition beyond Nov. 1. The resolution allows for a condemnation hearing to be scheduled 30 days after notification of passage of the resolution of necessity, ensuring that all land is available for use by the end of the year.

Hunsaker showed the board the areas that were proposed for inclusion into BRRTA, based on the traffic loads they would impose on Baptist Road. He said that the board would have to give the property owners 45 days notice before voting (by at least a two-to-one supermajority) to include them by the end of the year.

The board unanimously approved Hunsaker’s request to pay for the creation of the Arnold conservation easement, which should be no more than $30,000. This easement will provide for substitute Preble’s mouse habitat that will be destroyed during the Baptist Road improvement. Williams noted that the land in the easement had been donated, on condition that the cost of creating the easement was paid for by BRRTA. Shepherd noted that direct purchase of substitute habitat would cost well over $200,000.

Hunsaker also reported that the invoice for the appraisal for the transaction was $9,715 and had been forwarded to PPRTA.

Hunsaker recommended an executive session to develop a negotiating position on acquisition of one right of way parcel since the owner wants significantly more than the appraisal.

Glenn announced the decision to move forward with building the frontage road between the Lutheran Church and Leather Chaps. No agreement had been reached between all the affected landowners on the south side of Baptist Road from the church to Leather Chaps and the potential developer of the Barber-Miller-Schmidt property for an alternative access. The Barber-Miller-Schmidt parcel is also on the south side of Baptist Road, across from the King Soopers center.

In past BRRTA meetings, Chaparral Hills resident Linda Silveira has objected to the proposed use of eminent domain to create the eastern access road. She has cited adverse impacts on property owners along that part of Baptist Road and urged use of a western access road through the Barber-Miller-Schmidt parcel. Since that parcel is being planned for development, the road could be made a condition of approval for the developer at no cost to the taxpayers.

Chaparral Hills resident Steve Sery, who is also chairman of the county planning commission, said he had attempted to negotiate an agreement. He said the potential developer of the Barber-Miller-Schmidt parcel may be agreeable to providing an alternative access but cannot commit to a specific access road alignment in time to meet BRRTA’s requirement for a firm agreement. The current plan for the parcel is half commercial and half residential. Sery said the church is also interested but noted that one of the affected homeowners is not interested in the plan.

This homeowner prefers the frontage road option and has already moved his horse fence away from Baptist Road to clear the right of way for the frontage road. The homeowner believes the frontage road and associated drainage will limit the number of times vehicles knock down his fence and feeding stations during winter snowstorms.

Sandvik said that a visual screen of shrubbery or trees that would separate Silveira’s property from the frontage road was too difficult to irrigate since the area depends on wells. Providing an irrigation line from Triview Metropolitan District on the north side of Baptist Road is complicated by mouse habitat and wetlands next to Silveira’s home.

Williams suggested a fence. Sandvik said the cost of 60 feet of double-sided cedar fencing to screen headlight illumination would cost about $3,600. No decision was made.

Glenn and Williams agreed that BRRTA would remain open to a change order to eliminate the frontage for a short time longer on the condition that an alternative access would not be more costly and would be acceptable to the El Paso County Department of Transportation.

The board agreed to a plan to escrow the money (about $557,000) that Monument Marketplace was to have provided to the town of Monument for traffic impacts prior to the opening of Home Depot 15 months ago. The town had required the Marketplace developer to pay for temporary widening of Baptist Road between Jackson Creek Parkway and Exit 158.

Several mouse habitat, storm drainage, and under-road utility relocation problems prevented the widening at that time. Since then there has been general agreement at Board of Trustees and BRRTA meetings that the temporary widening should be dropped and the money used for permanent widening only. Also, the mouse habitat, wetland, and drainage permits for the temporary improvements have expired.

Glenn said he had been "trying to get the interchange built using private dollars along with state dollars all the way to Jackson Creek Parkway on the east side." He asked the Marketplace developer, Vision Development, to escrow the money to finance permanent improvements rather than temporary ones, but said it appears that BRRTA rather than the town would have to hold the money.

Vision Development’s Director of Development Rick Blevins said the current agreement with the town for payment for the temporary improvement would have to be amended. He asked that a new agreement be created so he would know who would be in charge of the escrow. He noted that the improvement would be paid for with road construction bonds rather than cash. He expressed concern about how long it would be before the road is actually improved to the benefit of storeowners in the Marketplace and how long the construction bonds would be in escrow without benefit to Triview Metropolitan District.

Williams said that no decisions or actions would take place until the November election decision on Referenda C and D. After further discussion, Williams’ motion that would permit Vision Development’s road construction bonds for improving this segment of Baptist Road to be held in escrow by BRRTA or the county passed unanimously. However, no decision was made about when the escrow would begin or who would hold the construction bonds, pending further legal review by Hunsaker.

The board cancelled the regular Oct. 14 meeting and scheduled a special meeting for Nov. 4 at the county office building.

The board went into executive session at 3:15 p.m. for discussions regarding negotiations and potential litigation. There were no announcements after the executive session or further actions taken. The meeting adjourned at 3:40 p.m.

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The next meeting will be at 2:30 p.m. on Nov. 4 in third floor hearing room of the County Commissioners building, 27 E. Vermijo. There is no longer a regular meeting schedule due to the increased activity of the board. For schedule information, log onto http://adm.elpasoco.com/transprt/baptist_rd.asp

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

To get more information and provide comments on the Baptist Road Improvement Project, contact: Conner Shepherd, BRRTA Project Manager, 303-779-4525, connershepherd@cliftoncpa.com

There were once again two meetings in September. The Sept. 20 meeting had three items on the agenda involving northern El Paso County.

1. Final plat for Hodgen Settlers Ranch, a 142.5-acre development approximately ¼ mile east of the intersection of Highway 83 and Hodgen Road on the north side of Hodgen. The preliminary plan was approved for a total of 86 dwelling units, with a minimum lot size of 2½ acres. This final plat is for 43 single-family units plus 16.8 acres of open space. It is consistent with the preliminary plan and was approved unanimously.

2. Preliminary plan for Hilltop Pines, a 99-acre property, located between Highway 105 and Kings Deer, east of Roller Coaster Road. The proposal is for 29 lots from 2½ acres to over 5 acres. There was some discussion about access to this property and impact on Peaceful Pines, a subdivision adjoining on the south side. It is likely that the Colorado Department of Transportation may want to eliminate Peaceful Pines’ access directly from Highway 105; their access would go through Hilltop Pines and out to Roller Coaster Road. When the property to the east of Hilltop Pines is developed, there will be a second access point for both subdivisions. The preliminary plan was approved unanimously.

3. The final item was a first reading of the El Paso County Parks and Leisure Services Department Master Plan. This plan seems to do a good job of laying out existing and proposed parks, trails, and other services. Just because something is in the plan does not mean it will happen, but it should be a good tool to overlay with proposed development to try to make sure there is consideration given to the future plans. Assuming this plan is approved after the second reading, it will be posted on the county’s Web site.

At the Sept. 27 meeting there were two consent items on the agenda in northern El Paso County. Both items were approved unanimously.

1. A replat of 3.56 acres on Brentwood Drive in Black Forest. This property was originally platted for 10 cabin sites in 1926. The replat creates two lots, one of 2.03 and one of 1.53 acres. This is more in line with the Black Forest Preservation Plan, which calls for 5-acre lots in this area.

2. A final plat, part of the Walters Commons Subdivision located at the corner of Higby Road and Cloverleaf Road. This part is 13.79 acres that will have 113 townhome units. This is in conformance with the preliminary plan for the whole subdivision.

There was a second reading of the El Paso County Parks and Leisure Services Department Master Plan. It was approved and will serve as a guide to staff, planning commission, and the Board of County Commissioners.

Construction begins on extension of Milam Road

Photos by Judy von Ahlefeldt

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Below: Trees were felled by the developer on the condemned Milam Road right-of-way on Sept. 10. The County was granted possession at 5 p.m. on Sept. 9. The photo was taken Sept. 13 looking toward Shoup Rd. from north of the active entrance to the Black Forest Regional Park.

Below: Nearly the entire route for Milam Road through the park had been cut by Sept. 15. This is looking northeast toward the planned Cathedral Pines subdivision. The road crosses five major park trails. Most trails in the north part of the park are closed until further notice.

The arm-wrestling and legal wrangling over the extension of Milam Road, over condemned private property, and through the northwest corner of Black Forest Regional Park to Cathedral Pines Subdivision is nearly over.

Only the hearings for valuation received by the landowners, whose property was taken by eminent domain, remain.

On Feb. 23, 2005, District Judge Rebecca Bromley ruled that the County had the right to condemn land for a public road right-of-way on private land west of, and adjacent to, the existing park entrance road. She did not grant the County the right of immediate possession.

Landowners appealed the decision to the State Supreme Court and requested a stay of any construction activities.

On Aug. 26 Bromley issued a ruling on a Renewed Motion by El Paso County to have immediate possession of the land. Bromley stated that circumstances had changed from "irreparable harm" to the residents’ properties to safety of local residents on Holmes and Winslow Roads, outweighing the damage to the property owners along Milam Road.

The hearing scheduled for Aug. 30 was vacated, and Bromley granted immediate possession to the County. Immediate possession was stayed first to Sept. 6 and then to Sept. 9, pending response from the Colorado Supreme Court.

On Thursday, Sept. 8 the Supreme Court denied the residents hearing of their case.

The county attorney advised the legal counsel for the residents on Friday that construction would begin on Saturday, Sept. 10.

A meeting was held with three of the six affected residents in attendance on Friday night. A survey to verify property lines was also done Friday night, and trees were felled on Saturday.

It was all legal, as the County took possession of the property, and appurtenances such as fences and gates, at 5 p.m. Friday, Sept. 9. But some landowners were angry that the tree-cutting followed the ruling so closely.

Developer Dan Potter noted that he did not want to give time for demonstrations opposing the road project to organize. He said he had already spent over $1 million on the issue, and residents had spent about $400,000 in legal fees. "Just think how much good could have been accomplished with that money," he said. "We wanted to get this project started immediately so we can get the road done in a month to six weeks."

In the final analysis, the residents had little recourse. Potter is assisting those who want help, with removing fences (two are chain-link), and has built a temporary smooth wire fence for one owner. Landowners can have the trunk wood for firewood, but it must be removed soon, before the dirt work starts.

Having Milam Road as an entrance to Cathedral Pines will divert construction traffic, as well as most future residential traffic, off Holmes, Peregrine, Tahosa, and Winslow. The settlement of the Milam Road issue also opens the way to the extension of Black Forest Regional Park to the north, removing the problem of the park donation becoming private open space if Milam was not built.

Building Milam also means a much larger intersection, with turn lanes, will be constructed at Shoup/Milam. The six affected neighbors, on both sides of Shoup, have lost property to condemnation for turn lanes or the road itself, in some cases bringing the road very close to existing homes and outbuildings.

At the El Paso County Commissioners’ work session Aug. 4, Protect Our Wells (POW) recommended the County hire a hydrogeologist to advise the commissioners on subdivision proposals, track the commitment of groundwater in the County, and possibly assist with a groundwater monitoring program. The work session was informational only.

POW representatives also suggested the County begin a groundwater monitoring program for the Denver Basin aquifers, possibly funded by a modest fee per well on private wells ($10/year recommended).

Several speakers outlined the situation the County is facing with groundwater in "renewable" alluvial aquifers such as in the Upper Black Squirrel Creek alluvial aquifer north of Ellicott, and the nonrenewable Dawson, Denver, Arapahoe and Laramie-Fox Hills Aquifers in the Denver Basin.

According to the El Paso County Water Report released a few years ago, there are over 20,000 groundwater wells serving private residences. This number is growing, as is the number of commercial wells, mainly in the Arapahoe aquifer, or dependent on the Upper Black Squirrel Creek alluvium.

Kathy Hare is director of the Upper Black Squirrel Water Management District, which manages the alluvial (renewable) aquifer that lays on top of Denver Basin formations south of the Palmer Divide in the Black Squirrel Creek Basin east and southeast of Black Forest. She explained the serious groundwater declines in that basin and the issues facing recharge if water removed from the basin for use in subdivisions is not released as treated wastewater back into the same basin. The USGS is studying this aquifer.

Larry Stanley, president of POW, and Julia Murphy, POW consulting hydrogeologist, explained the dearth of information on the Dawson and Denver aquifers because of the lack of monitoring sites. Murphy outlined a proposed enhanced groundwater monitoring plan, which could utilize cost-share with U.S. Geological Survey (USGS) and which would be administered with the help of the County.

Courtney Brand, a senior groundwater manager with the City of Colorado Springs Utilities, shared some basic public domain data regarding the Arapahoe aquifer in El Paso County. The data suggest that the Arapahoe aquifer, which is usually used for high-capacity municipal wells, is not continuous throughout the Denver Basin within the County. He also briefed the commissioners on the City’s research on using the Arapahoe aquifers for water storage—a concept called conjunctive use, where water would be pumped back into the wells in wet years for emergency supply in dry years.

The commissioners thanked the POW leadership for the presentation. Protect Our Wells is a citizen advocacy group for private well owners in the Denver Basin. Membership costs $25 per year. All residents with private wells are urged to join POW to support the effort for study and sensible use of the groundwater resource. See www.protectourwells.org for more information.

Photos by John Heiser

Below: Black Forest Options Committee Co-Chairs Gary Schinderle (left) and Larry Stanley (right) respond to questions. On the far right is facilitator Dr. Jeffery Zink.

Below: The boundaries of the study area for the proposed incorporation.

Since it was formed in May 2003, the Black Forest Options Committee of the Black Forest Community Club (BFCC) has been studying various alternatives to give Black Forest residents more control over the future of their area. The committee delivered its final report to an estimated 75 residents on Sept. 22. The central recommendation in the detailed 64-page report, which can be downloaded at www.bfoptions.com, is that Black Forest should form a city.

Formation of the Options Committee was precipitated by county actions, including an update to the county’s major transportation corridors plan that shows extension of several major roadways through the Black Forest. One of these roads is the controversial extension of Milam Road from where it ends at Shoup Road north to Hodgen Road or Walker Road. When the courts ruled against the county’s original plan to extend Milam through a portion of Black Forest Regional Park, the El Paso County Board of County Commissioners approved eminent domain proceedings forcing property owners near the park to sell property needed for the right-of-way. At the time the committee was formed, Schinderle said, "Many feel we don’t have the kind of representation that will protect our lifestyle, the reasons we moved to the Black Forest" and BFCC president Eddie Bracken, a retired Air Force major general, described the contentious situation regarding the major corridors plan as "frontal combat with the county over transportation. This is a watershed moment for our community."

Options committee co-chairs Larry Stanley and Gary Schinderle aided by facilitator Dr. Jeffery Zink presented the findings and responded to questions.

Having completed its assignment, the options committee was dissolved. Schinderle said, "I hope some group picks this up and goes forward with it." Those interested in helping implement the recommendations in the report were urged to contact the co-chairs.

Bracken, speaking as a private citizen, said, "The bottom line is do we trust or not trust the board of county commissioners?" He added, "One dollar a day on a $400,000 house plus 2 percent sales tax is a reasonable amount to pay to protect our lifestyle."

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The Black Forest Community Club was formed in the mid-1920s. Its bylaws state, "The purpose of the BFCC is to promote community among the residents of the Black Forest; to promote interaction among its members; to provide a place: for social and intellectual growth, for the dissemination of information, for discussion of public affairs, and for entertainment and social activities; to obtain local improvements; to assist in the preservation of the Black Forest; and to provide a point of contact for issues affecting the Black Forest." The BFCC meets at the Black Forest Community Center near the corner of Shoup and Black Forest Roads. There is more information on the club and the center at http://www.blackforest-co.com/bfcc/.

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

Photos by John Heiser

Below: Sheriff Terry Maketa with Lt. Glen Athey in the background at the community meeting Sept. 6. 

On Sept. 6, Sheriff Terry Maketa and 12 members of his senior leadership gave a presentation to about 50 people at the Gleneagle Golf Club. They explained various programs, presented crime statistics and patterns, and outlined things residents can do to prevent and respond to crime. Presenters included Sheriff’s Department Lt. Glen Athey, Lt. Stan Presley, and Lt. Ken Hilte and Woodmoor Public Safety Chief Kevin Nielsen.

At its Sept. 8 combined workshop and meeting, the Palmer Lake Town Council appointed Jim Girlando as interim trustee to fill the vacancy created when Brent Sumner moved out of the area. Due to two resignations and the death last spring of Trustee George Reese, all trustee positions will be up for election in April.

The council also approved Police Chief Dale Smith’s request to promote part-time officer Phillip Donner to a full-time position and granted three business licenses.

Mayor Nikki McDonald announced that the council would begin budget discussions during the next meeting, and invited Palmer Lake residents to attend to observe "how the council struggles with the little amount of money Palmer Lake has" to work with.

After approving the minutes from the July meeting and payment of bills, the council moved directly into trustee reports.

Commerce and economic development: Gary Coleman, trustee in charge of commerce and economic development, reported that he will head up a committee to research the feasibility of including Palmer Lake as a stop on a future commuter train route, which would extend along the Front Range from Pueblo to Ft. Collins. Communities wishing to be considered for a station must contribute $10,000 yearly to Front Range Commuter Rail, a private corporation that hopes to get sufficient financial backing to install light-rail passenger service.

The expense would continue until at least 2014, with no guarantee that Palmer Lake would be included. In addition, the fee would not cover any expense associated with building the station. Local supporters claim a train stop would bring additional tourism dollars to the town.

The annual Tri-Lakes Railroad Festival, including a swap meet and model train displays, was scheduled for Sept. 24. Coleman mentioned the possibility of hosting a hobo stew supper, cooked over a campfire, to help raise funds for the new fire engine.

This opened the door for discussion of other possible fund-raisers to help finance fire truck payments, including another casino night or community garage sale. The trustees agreed to consider the ideas at a later date.

Coleman showed the council the art print the town will send to James Burnett, CEO of Western Enterprises, the company that conducted this year’s July 4 fireworks display. The print, a scene of a train under a night sky lit by fireworks, is a copy of a painting by local artist Joe Bohler. The gift is in thanks for Burnett’s appearance before the council at last month’s meeting to give a presentation as to what his company supplies.

Coleman recognized the Little Log Church youth group for its help with scraping and painting the trim on Town Hall. He added that another group had inquired whether they could trade maintenance on the police building for hall rental fees, and asked the other trustees for their input.

Water: Water Trustee Chuck Cornell told the council that town staff is repairing the entire water line on South Valley Road. He also informed the council that the water rate study conducted by IUG of Boulder is complete, and the water committee will meet soon to discuss the results in order to decide the best course of action.

Police: Police Trustee Trudy Finan reported that the department received a total of 139 service calls in August, down from 172 in July, and about the same as the August 2004 total. Officers issued 24 traffic or dog warnings, 12 traffic citations, and two dog citations. They handled 32 cases during the month, and made four custody arrests. Fourteen calls were for assistance to the Monument Police Department, and 17 to assist other law enforcement agencies.

Chief Dale Smith then addressed the council, and briefly outlined guidelines for fuel conservation he hopes will help offset skyrocketing gasoline prices. He said plans to reduce idling time, minimize the use of the department’s Chevy Blazer, and increase the use of foot patrols should reduce the department’s fuel bill.

Donner hired as new full-time officer: Smith then introduced part-time officer Phillip Donner and asked council members to approve his promotion to the full-time position vacated by Rob Hamilton, who recently resigned to accept a job with a federal agency. Smith thanked Hamilton, who was not present, for his three years of service.

Donner had previously worked for the Elbert County Sheriff’s Office and joined the Palmer Lake department as a part-time officer in July 2004. He completed close to 500 hours of patrol time in the past year.

Trustee Trish Flake asked whether an interview by the council was legally required. Town attorney Larry Gaddis said that Finan would do an interview if requested by members. Smith told the council that he specifically hired part-time officers with the intent of eventually promoting them to a full-time position.

According to Smith, this process saves the department considerable time and money. Otherwise, he would have to advertise the full-time opening, set up a review board, and interview prospective candidates. In addition, hiring an officer on a part-time basis gives Smith the opportunity to observe and evaluate the officer’s performance on the job.

Council members voted unanimously to approve Donner’s promotion to full-time Palmer Lake police officer.

Parks and Recreation: Trustee Trish Flake, in reporting on parks and recreation issues, told the council that Home Depot had offered to provide financial assistance to improve local parks as part of the chain’s community involvement program. Town Clerk Della Gray responded to the offer suggesting they install playground equipment next to the ball fields on the east side of Highway 105. Gray has not yet received a response to the proposal.

Flake also said the Columbine Festival would continue to be held on the second weekend in July. The Tri-Lakes Chamber of Commerce had proposed changing the date of the festival to coincide with other area celebrations, such as the Palmer Lake Fishing Derby and the Chamber’s summer art celebration, in order to attract more visitors.

The festival, which will be in its sixth year in 2006, will continue to be a low-key celebration primarily intended for the enjoyment of Palmer Lake residents.

A certificate proclaiming Palmer Lake a "Tennis in the Park Community" was awarded to the town by the United States Tennis Association in recognition of its promotion of the sport of tennis through the construction and maintenance of public courts.

Roads: Max Parker, trustee overseeing roads and maintenance, reported that the asphalt work on High Street, Forest View Circle, and Forest View Way had been completed and that Shady Lane had been sealed.

Parker told the council that the town had purchased a storage tank for regular fuel. Palmer Lake already owns two diesel fuel tanks. Wildly fluctuating fuel prices prompted staff to consider ways to reduce gasoline costs for town vehicles; the additional tank will allow the town to reduce its expenses by buying fuel at wholesale prices and storing it for use during periods when prices jump and for use in the event of an emergency.

Fire: McDonald reported to council members that the Palmer Lake Volunteer Fire Department (PLVFD) received a total of 30 calls during August, 15 of which were for mutual aid from surrounding fire departments. The count breakdown specified that 11 were medical calls, nine were fire calls, three were wildland calls, and three were for traffic accidents. Of the remainder, one was a public assistance call, another involved public contact, and two were unclassified.

The fire department had its ground ladders tested and recertified during the past month.

August proved to be a busy month for the firefighters, who attended several events. McDonald displayed a plaque from the town of Cripple Creek that the PLVFD had received in appreciation for its participation in the "Salute to American Veterans" rally in Cripple Creek in August. The department marched in the Pikes Peak Firefighters Association muster and parade. Members also attended the 2005 Fire-Rescue International Expo in Denver.

In the interest of facilitating timely responses to emergency calls, the council again asked all homeowners to post house numbers where they can be seen from the road. The request, which has been repeated during each meeting over the past several months, has apparently fallen on deaf ears, as numerous homeowners continue to disregard the pleas of the PLVFD to assist it in correcting this important safety issue.

Gaddis recommended that Palmer Lake adopt written procedures to be followed when issuing liquor licenses. As Palmer Lake grows and more businesses move into town, it would be helpful to the town clerk and the council to have guidelines to follow. Newly elected trustees who may be unfamiliar with the process would particularly benefit.

He distributed a draft of the proposed procedures, stating that they are nearly identical to those currently used by El Paso County. Gaddis emphasized that the establishment of a presumptive default neighborhood surrounding a business applying for a liquor license was of particular importance.

Ideally, a "neighborhood" would include those properties that the board determined would be directly affected by the presence of an establishment serving liquor. People whose homes or businesses fall within the specified physical boundary of a "neighborhood" as defined in the procedures would have direct input into the process, through their answers to a survey or their testimony in front of the liquor licensing board. Their input would help the liquor board decide whether to approve or deny the application.

At the board’s discretion, the neighborhood could be defined as an entire town, or only those properties lying within a certain distance of the business in question. Gaddis recommended that the board specify a radius of 1,500 feet, which is the distance presently used by the county. The neighborhood definition would not be absolute; either the town clerk or the license applicant could petition the board to change the boundaries if either felt the definition was inappropriate in a specific case.

Council members also briefly discussed the current procedures for the transfer of liquor licenses to new owners when businesses are sold, and the handling of liquor license renewals, both of which will be detailed in the new document. Gaddis and Gray will review the draft, make clarifications and corrections, and present it for adoption at the next town council meeting.

The town council also reviewed three business applications. Each applicant briefly spoke about the type of business they wished to open, and afterward answered questions for trustees.

RaeAnne Soles applied to open a salon and day spa. She recently received a state license that permits her to offer such services as facial treatments, skin peels, and waxing. The business will be called "Imagine Salon and Spa," and will be located in Suite "O" of the West End Center, next to Sweet Pea’s restaurant.

Jim and Maggie Amato would like to base a painting and repair business out of their home on Oakdale Drive, and will operate under their names. They will offer handyman services, repairs, and rental unit renovations. Painting services will be limited to unoccupied homes or rentals.

Clara Smith plans to operate a lunch counter from inside the Palmer Lake Country Store, located along Highway 105. She will offer breakfast and lunch items to go, such as sandwiches and breakfast burritos.

All three business licenses were unanimously approved by the trustees. Although a fourth application for a countertop fabrication and installation business (to be named Counter Revolutions) had been submitted, the owner was not present. Approval was postponed until a later date.

Judy Harrington of the Awake the Lake committee updated trustees on the status of fund-raising efforts, which she said were ongoing. The committee was planning to sell engraved concrete pavers at $75 each as well as ball caps, T-shirts, and an original CD by local artists. She said the committee continued to research long-term solutions for keeping the lake full.

Harrington also informed the council that a fund-raising event was in the works. If feasible, the committee would like to split the proceeds to benefit the lake fund and victims of Hurricane Katrina.

Bob Miner addressed the council and attempted to argue for a requested variance to the hillside ordinance, which specifies that on pitches greater than or equal to 30 percent, no more than 15 percent of the lot shall be disturbed. The ordinance is intended to minimize erosion on steep slopes.

A heated exchange took place between Parker, who said he had heard that Miner had started the most recent Variance Committee meeting without a quorum, and Miner, who refused to address the accusation, but instead demanded to know who had told Parker that a quorum had not been present.

Miner was unclear about what he had hoped to accomplish by raising the hillside variance issue. Eventually McDonald informed the trustees and audience that the council would be entering into executive session, which it did at 8:20 p.m. No announcements or decisions were made after the council came back into public session to adjourn the meeting.

A Town Council Workshop is presently scheduled for Oct. 6 at 7 p.m. at Town Hall. The next regular meeting of the Palmer Lake Town Council is scheduled on Oct. 13 at 7 p.m. at Town Hall, 54 Valley Crescent. The council sometimes combines the workshop and meeting; call the Town Clerk’s office at 481-2953 or check the Palmer Lake Web site at www.ci.palmer-lake.co.us to verify meeting dates.

On Sept. 6, the Board of Trustees held a pre-meeting reception to welcome new Public Works Director Richard Landreth and to say thanks to Trustee George Brown on his last night in office. The board amended the 2005 budget to account for the expenses incurred by the substantial turnover in town staff and related changes. Also amended was the language of the November ballot initiative calling for reallocation of town water system sales tax revenue to other purposes.

Brown, a resident of Santa Fe Trails, was elected to office in April 2002. Mayor Byron Glenn noted that Brown would be able to continue to serve on the town’s Economic Development Committee and Police Station Subcommittee because his new residence is just north of County Line Road and Highway 83 in Douglas County.

Landreth took the new Public Works Director position on Aug. 22. He has managed public and private Colorado water systems in several jobs since 1988. He was the Public Works Director for Bayfield, near Durango, when he accepted his new appointment in Monument.

The board had approved Treasurer Pamela Smith’s proposed mid-year amendment to the 2005 budget on Aug. 15. The purpose of this ordinance was to enact that "Supplemental Budget and Appropriation." The net increase to the General Fund is $27,000, while the net change in the Water Enterprise Fund is a decrease of $57,622, for a total decrease of $30,622.

After accounting for TABOR reserves of $100,395, water reserves of $690,967, and the 15 percent recommended audit reserve of $468,755, the amended balance for the General Fund at the end of 2005 increases $115,265 to $689,184. The fund’s balance for the beginning of 2005 is $1,103,892.

Details listed in Smith’s summary of the larger revisions showed how unexpected expenses have affected the town’s finances this year. The budget amendment accounts for substantial employee turnover and the near exhaustion of the Public Works overtime budget that had occurred through mid-year.

Changes listed for the General Fund were:

Changes in the Water Enterprise Fund were:

These changes do not include possible additional personnel costs that may arise from the termination of Public Works Foreman Ray Fisk for poor management performance. Fisk was placed on administrative leave following his misdemeanor arrest on Aug. 26 by the Palmer Lake Police Department for "unlawful sexual contact" with a juvenile. Fisk was arraigned on Aug. 29 and his hearing in county court is scheduled for Sept. 29.

Fisk was replaced by Water Technician Steve Sheffield, who had been working under contract at the Triview Metropolitan District Water Department.

Discussion: Glenn asked Smith to discuss the $42,500 increase for Casselle administrative computer software. Smith said the 2005 budget had already included the module for water-billing, but it had not yet been purchased. She said the staff wanted to convert all record-keeping from the MAS 90 software purchased three years ago. Former treasurer Judy Skrzypek had created numerous Excel spreadsheets to manage the town’s finances due to shortcomings of the MAS 90 software for municipal management. Smith said the additional cost was for accounting, general ledger, and purchase order modules to convert the labor-intensive spreadsheets.

Brown asked if the price included implementation and update costs. Smith said that the software will cost no more $8,000 and the rest of the increase was for conversion, training, and implementation. She said she would check on when the town would have to begin paying for software updates, which she thought would be annual. She added that a listing of future maintenance and update cost details would be required by the request for proposal.

Trustee Frank Orten concurred with Smith, saying MAS 90 "is a great business application used by thousands of companies" but not well-suited to a municipality and that the spreadsheet problem would be solved. The board unanimously approved the budget reforecast amendment ordinance.

The board unanimously approved a resolution to amend the ballot question language for reallocating water fund sales tax revenue to other capital purposes. The original ballot language and the ordinance that authorized the ballot issue for the Nov. 1 election had been approved on Aug. 22 at a special board meeting to meet the Sept. 1 deadline.

Currently, revenue from the town’s 1 percent water sales tax can only be used for the water system. The ballot question proposes changing this restriction. The board has not proposed dissolving the Water Enterprise Fund, another option that was reviewed by the town’s TABOR lawyer.

The 1989 ballot issue that created the town’s water sales tax was passed before the TABOR amendment to the state constitution was adopted. The BOT converted the town water system to an enterprise fund to be exempt from TABOR refund requirements for excess tax revenue. The Water Enterprise Fund is supposed to be self-sustaining from collected customer fees. No more than 10 percent of the enterprise fund’s revenue can come from the water sales tax under TABOR.

Annual water sales tax revenue has exceeded this 10 percent TABOR limit for years, but the 1989 ballot issue prohibits use of the revenue for any other purpose than the water system. The water sales tax revenue that exceeds the 10 percent TABOR restriction is currently unusable for any purpose, though it does earn interest. However, this interest is also unusable under TABOR.

The wording of the proposed ordinance and ballot question had been changed several times as the issue was considered by trustees during previous BOT meetings. The versions of the ordinance and ballot question language that were first proposed for a board vote on Aug. 15 were rejected, and the issue was continued to a special BOT meeting on Aug. 22. The revised ordinance and ballot language approved at the special meeting was submitted to the county before the Sept. 1 deadline for a combined town and county election. This resolution only amended the ballot question language without changing it substantially in form, which is allowed by the language of the ballot issue ordinance.

This latest change was recommended by Attorney Thomas Peltz, of Kutak Rock LLP, the town’s consulting TABOR attorney. The ballot question now reads:

"Without increasing taxes, shall the town of Monument be allowed to modify restrictions on the sales tax revenues, as approved by the electors in 1989, to permit such revenues over and above that contributed to the town water enterprise fund, to be used for the construction or purchase and renovation of a police and/or governmental facilities complex, including fixtures, equipment and furniture, and for the acquisition of water rights and storage and delivery of any newly acquired water and shall such revenues constitute a voter approved revenue change under Article X, Section 20 of the Colorado Constitution."

Director of Development Services Tom Kassawara said he had sent a request for qualifications to create a storm water drainage master plan to "11 or 12 firms." He had analyzed the nine responses to determine the top three. He asked the board to approve his ranking of these three and to authorize him to begin negotiations with the top-ranked firm, Ayres & Associates. He said he would bring back the negotiated contract for approval by the board.

Kassawara estimated that the cost would range between $75,000 and $100,000. These funds would come from the Storm Drainage Impact Fee account. Plan development should take about four months to complete.

The study will focus on the downtown area, including railroad track issues, and recommend regulation changes and funding options to implement the plan.

Glenn noted that Ayres had developed the Triview Metropolitan District’s master drainage plan. He also noted that Triview is responsible for drainage issues including those in the developments that are seeking annexation by the town and inclusion by the district.

Currently there are four proposed developments seeking annexation and inclusion: Home Place Ranch, on Higby Road; and Promontory Point, the Barber-Miller-Schmidt parcel, and the Baptist Camp parcel, all on Baptist Road.

The board unanimously approved Kassawara’s request.

Kassawara discussed the county’s request for the town’s comments on a proposed commercial development between Lake Woodmoor Drive and Highway 105 just east of the BP gas station on Woodmoor Drive. The developer’s proposal calls for a fast-food restaurant and an office building.

Kassawara’s proposed comments asked the county to require:

Trustee Gail Drumm requested that the letter ask that the traffic impact study also include traffic impacts caused by all the new and proposed developments south of Highway 105. Several trustees commented on the difficulty of turning left from Lake Woodmoor Drive onto southbound Woodmoor Drive, particularly if a motorist wished to proceed west over the Highway 105 bridge at rush hour. Drumm called this maneuver "a real bear."

The board approved Kassawara’s proposed comments by consensus, without a formal vote.

The board unanimously approved Smith’s 50-page July Financial Statement without comment. Glenn asked about the status of the unresolved 2004 audit.

Smith told the board that the consultants, former town treasurer Judy Skrzypek, and auditor Kyle Logan of Swanhorst & Cutter, LLC, had given her a rough draft of the 2004 audit but would need to ask the state for a second deadline extension to finish the report. She said the final draft would not be ready for the Sept. 19 BOT meeting. Skrzypek is performing the audit preparation work for the town since Smith did not start work until April 2005. Smith noted that she had e-mailed Skrzypek asking her to expedite completion of the audit.

Smith also had given the board a seven-page work plan listing 122 projects and tasks she needs to perform in the near term and asked the board to modify her prioritization of issues if required. In addition to financial matters, Smith is also acting town clerk and responsible for human resources, information technology and communications, and general, workman’s compensation, and liability insurance. The board proposed no changes to her list.

Green formally introduced Landreth as the new Public Works director and thanked Brown for his service to the town, noting specifically that she admired his commitment to the Police Department building, as well as to the board.

Brown said of his time on the board, "It’s been an interesting four years. … I learned a lot," and that the town staff is "fantastic." He recalled that a reporter had asked him how much he was going to spend on his first election campaign and he had replied "zero." When the reporter told him he wasn’t going to win, he had replied, "I hope not." He also noted that when he started as a trustee, the challenge was that the town had no money and it was easy to say no to proposals. He said now that the town had some revenue, there would be several hard choices to make regarding a number of proposals, but that he would be enjoying Monday night football instead.

In other matters, Green recommended organizing a joint dinner with the Triview Metropolitan District board to discuss creating joint regulations. Currently, Triview has its own regulations that differ in several ways from the town’s regulations.

Green suggested that the town might want to match employee donations to the Hurricane Katrina relief fund. After some discussion, the board unanimously approved Orten’s proposal to match up to $5,000 from the board’s contingency fund. There was also agreement on Orten’s proposal that a town potato bake would be a good way to raise money as well, perhaps to be organized with the support of the Historic Monument Merchants Association.

Green said that town clerk interviews would begin on Sept. 20 and noted that the empty trustee seat had to be filled no later than Sept. 29 to beat the 60-day deadline. Brown’s seat will have to be filled by Oct. 20. Four signs soliciting volunteers would be made and displayed throughout the town. Also, Board of Adjustments member Leon Johnson is moving outside the town boundaries and will have to be replaced.

Green noted that the School District 38 growth study had been postponed until Sept. 19.

She also asked the board to consider changing the town’s mileage reimbursement policy to match the federal policy so that it would change automatically in the future without board review and approval.

The meeting adjourned at 7:06 p.m.

Below: Newly appointed trustee Travis Easton at the far end of the table discusses secondary access to Remington Hills #1 with Rick Blevins holding drawing and other trustees and town staff. Photo by Jim Kendrick

Click here on on the photo to zoom in

On Sept. 19, the Board of Trustees (BOT) held a special meeting to hear the results of the Lewis-Palmer School District 38 50-year growth study and to review Town Manager Cathy Green’s findings on factors relating to varying urban densities.

In the regular meeting, the board appointed Travis Easton, who has served nine months as a planning commissioner, to replace former Trustee Scott Meszaros. Former mayor Betty Konarski gave a presentation on water issues that face the town during rapid growth. Trustee Tommie Plank was absent.

The town is seeking volunteers who have been residents of Monument for at least one year for two appointments. The appointment to fill the new vacancy created by Trustee George Brown’s resignation on Sept. 6 would expire at the April town election next year, and the appointee would have to stand for election to remain a trustee. The board will also make the appointment to fill the new Easton vacancy on the Planning Commission. Volunteers should contact Green at 884-8013 or cgreen@townofmonument.net for more information.

District 38 Board of Education President Jes Raintree, Treasurer Bob Manning, and Superintendent Dave Dilley presented the results of a study conducted by consultant Strategic Resources West and the district’s Growth Coalition, a committee with representatives from numerous regional governmental agencies and other interested organizations.

When all the available residential lots within the district have houses built on them, there will be a need to build an additional six to seven elementary schools, one more middle school, and one more high school. There are currently five elementary, two middle, and one high school buildings in D-38, plus the Monument Academy, the district’s charter school. The new school buildings are projected to be about the same size as those in existence.

Dilley said the consultant’s projections call for total buildout to take from 30 to 50 years, though he believes that buildout "might be a little bit sooner than that." Enrollment will grow from the current 5,500 students to 12,804 students according to the study. He also presented a draft map of how the school boundaries might be aligned for the three middle schools and two high schools.

Manning said the spreadsheet created by the study is an "efficiency model" that predicts when the board must decide to open a school, set election dates for mill levy votes, issue construction bonds, begin construction, and begin teaching classes. He demonstrated several features of the large and complex spreadsheet and how to extract data. The model is based on 3 percent growth and easily accepts updates for changes in property values and development.

Manning noted that the next major milestone would be a bond issue for a new high school building in the November 2006 election and that new middle and elementary schools would not be needed until 2012. Dilley said that ideally both high schools would have about 3,000 to 3,200 students, the size of Lewis-Palmer High School five years ago. In describing the issues the district faces for school construction, Dilley noted that the empty land available for schools already tends not to be in places where the future students will live.

After a wide-ranging discussion, Glenn asked Dilley to meet with Town Manager Cathy Green to determine how annexation requests should best be handled to assist the district in providing the new schools. Dilley said the district needs land donations rather than cash-in-lieu for open space requirements as developments are approved, even though the district already owns a few future elementary school sites. Dilley thanked Green for her participation in the Growth Coalition.

Green presented a slide show about parameters that are useful in analyzing developments with varying degrees of urban density. She described a narrow, but highly emotional split that exists in the urban planning profession on what the optimum density for a "great city" means. One group believes in high-rise cities with densities of over 200 dwelling units per acre with 100-story buildings of small apartments, in order to fund museums, theaters, and the like. The other group believes that density should not exceed 10 to 20 dwelling units per acre to promote views and a sidewalk café atmosphere.

Green also noted that the tax structure in Colorado creates a dilemma since municipality funding comes more from sales tax than property tax. Adequate sales tax revenue requires a lot of commercial property but retail follows residential development rather than leading it.

Also, residential areas are money losers after construction is completed because the cost of maintaining their expensive infrastructure is more than the money raised through the state’s comparatively low property taxes. Some other western states and cities have developed tight regulations to balance and separate residential and commercial development, but these types of limits are generally unpopular in Colorado, except in Boulder.

Green observed that most Colorado homeowner associations protect their perception of "quality of life" by vigorously protesting development of any adjacent open land and demanding that municipal staffs preserve their community’s low density surroundings and home views. She said Monument regulations do not currently protect individual home view corridors as is done in Douglas County. Also, Monument does not have regulations that promote life-cycle housing where residents can find appropriate housing for the various stages of life—from single living to child raising to downsized homes in senior communities—all in the same town.

Green also reported that there is very little professional collection of density data or analysis of the related community issues for rural areas like the Tri-Lakes region. Even Jackson Creek, which averages three dwelling units per acre, is thought of as rural by the planning profession. As a result, she said, there is often no significant shopping development in towns like Monument and Palmer Lake.

Glenn asked that the agenda be modified to add two items: appointment of a new trustee and delaying Baptist Road improvements near I-25. Both were unanimously approved.

Glenn said that he had "a heavy heart" because he had been "notified by a newspaper last week" that the paper had received a phone call complaint from a citizen who "didn’t think the ballot issue was fair." Glenn said that the caller’s complaint was that Jackson Creek residents "were being given a break" because Triview Metropolitan District would still receive their full 50 percent of sales tax revenue per their intergovernmental agreement with the town before reallocation of the rest of the funds, unlike the rest of the town.

Glenn said the residents of Jackson Creek and the other parts of town "need to stick together as a town" along with those who are annexed in the future as the town expands its boundaries, and that everyone in town is treated the same and contributes the same. The ballot issue is a "straight across the board sales tax initiative, not a sales tax increase, but a reallocation of our current tax." He added that the ballot question is not a wedge issue between Jackson Creek versus Old Town. He asked the board to help him get out the word that there is no separation between the residents.

Konarski gave a preliminary report on findings of a group of interested citizens who are developing a strategic water plan for the town. She proposed a draft goal and some guiding principles for the plan and asked for feedback from the board.

She proposed a draft goal for the plan: "A diversified portfolio of water rights and facilities sufficient to reliably meet the water demand of the town of Monument at buildout to the ultimate service area." The word diversified was defined as a "suitable mix of surface water, groundwater, and storage water rights."

She also proposed draft guiding principles for the plan: "Convert from a water supply system that is primarily based upon wells in the Denver aquifer to a more integrated water supply system that includes at least 30 percent (?) renewable water rights within the next 20 years with additional renewable sources added in the future