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Judge faults county and developer but approves taking of private land for Milam Road extensionBy Jim Kendrick District Court Judge Rebecca Bromley ruled on Feb. 23 that El Paso County’s condemnation of portions of six residential lots on Peregrine Way for the extension of Milam Road adjacent to Black Forest Regional Park is legal. The purpose of the condemnation is to extend Milam Road north from Shoup Road into the Cathedral Pines subdivision being built by Kings Deer Development, LLC. However, Bromley denied the developer’s request for immediate possession. The case brought by the Board of County Commissioners against the owners of the six properties was heard Jan. 5-7 in Colorado Springs. While the judge found the county’s eminent domain condemnation of the property was "indisputably" performed to directly benefit the Kings Deer Development, her ruling noted that Colorado statutes place the burden on the condemned property’s owner to prove that the condemnation is not for a public purpose. Some key findings in Bromley’s decision:
The county undertook the condemnation after the courts ruled they could not legally construct a road through the southern-most 80 acres of Black Forest Regional Park. The six homeowners’ legal costs for their attorney, Ken Sparks, are $100,000 for this lawsuit to date. They are meeting with Sparks to determine whether they will appeal Bromley’s decision. The total costs to the Friends of Black Forest Park for their lawsuit that prevented construction of the road through the park were over $195,000; they have been reimbursed $21,000 for court costs by the county and $11,000 by Potter. Several other property owners have reached agreement with the county to give up land for improvements at the intersection of Milam with Shoup and were not part of the condemnation lawsuit.
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Alternative 1A states: "Northern water providers continue to pump individual [commercial] wells at existing rates, (2,410 AFY [acre feet per year]). Regional water pumping and conveyance system for one-half of the 2020 demand from a satellite well field, 2,2551 AFY and one-half from reuse (2,480 AFY.)" |
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Alternative 1B states: "Regional water pumping, treatment and conveyance system for northern providers’ 2020 demand from satellite well field (4,961 AFY) and remaining from reuse, (2,480 AFY.)" (Map dated Dec. 30, 2001). |
If the El Paso County Bill is brought to the Senate, it will likely be referred to a Senate Committee before both bills are brought to the legislature for debate and vote.
These proposals are the latest in the long debate over how Colorado’s water should be used.
Judy von Ahlefeldt, publisher of the Black Forest News, can be reached at 495-8750 or blackforestnews@earthlink.net.
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Republican senators issued a statement on Feb. 21 blasting the group that submitted the bill for jumping the gun. Senators Jim Dyer (Arapahoe), Tom Wiens (Castle Rock), Nancy Spence (Centennial), and John Evans (Parker) criticized the introduction of House Bill 1298—the Douglas-Arapahoe Water Conservation District Act—and its announcement as bizarre.
"House Bill 1298 appears to be a late-bill effort by special interests that failed to gain support from any of the senators representing the region involved," the senators said. "Further, the bill fails to meet the minimum standards necessary to protect the interests of our citizens and their quality of life."
View Map of Tri-Lakes Water Providers
By Jim Kendrick
Town Manager Rick Sonnenburg announced on Feb. 11 that Jacob Shirk will be Monument’s new police chief and Catherine Green the new town planner.
Sonnenburg said he was excited to fill the positions from "lots of good candidates" in "an incredibly competitive field for both positions." He added that he looked forward to working with them because "both have a wealth of experience in their fields and are extremely qualified." He said they "would be an asset to the town" and expected both to make "substantial contributions." Both will start work during the second week in March.
The screening committee for the chief’s position included: Trustees Gail Drumm and Steve Meszaros, Police Advisory Committee member Ginny Cullen, Acting Chief Sgt. Rick Tudor, and Sonnenburg. Former Chief Joe Kissell assisted in screening the application packages and in the first round of interviews. The Board of Trustees accepted the committee’s recommendation.
Town Planner applicants were screened and interviewed by Mayor Byron Glenn and Sonnenburg.
On Feb. 11, Captain Jake Shirk was reached by phone at his office in the Aurora Police Department. He said he was eager to take over the Monument Police Department and his first order of business would be "to do nothing, just observe how the department operates for the first 30 days."
He said that he has learned over 29 years in Aurora that managing any police organization is "no different than managing a business" in a lot of ways. After he becomes familiar with his staff, he will examine their policies, then every couple of years analyze whether they "are habits or good practices." Only then would he make any changes.
He is enthusiastic about being in Monument because the small department atmosphere and mission "feels right" to him. As he had told the Board of Trustees at their Feb. 7 meeting, he said he will be a practitioner of "community-oriented policing." He said, "Success can only come with the cooperation and assistance of residents and business owners." He will spend time to closely coordinate with the El Paso County Sheriff’s Office and the Colorado Springs Police Department, since most of his interdepartmental experience is with departments to the north of the Palmer Divide.
Shirk said he and his wife plan to move from their home in Castle Rock to the local area. They have four children, five grandchildren, and three more grandchildren "on the way."
Pueblo Director of Planning and Assistant City Manager Cathy Green was also reached by phone on Feb. 11 following Sonnenburg’s announcement. Green said she was ready for a new professional challenge and that the position in Monument offered the variety and dynamic growth environment she was looking for.
She has a strong and diverse background in urban, economic, and community development as well as historic preservation and transportation and urban design. Her background includes 19 years of planning experience, the last 15 in Denver and Pueblo. She managed a staff of seven in Pueblo.
In addition to having a master’s degree in planning and community development, she graduated in 2003 from the John F. Kennedy School of Government at Harvard University in the Senior Executives in State and Local Government Program. She is certified by the American Institute of Certified Planners.
Although still a Pueblo resident, she is quite familiar with issues in northern El Paso County since her husband is a manager in the Castle Rock Planning Department. She plans to move to the local area.
By Steve Sery
There were three items on the agenda of interest to residents of northern El Paso County.
One was a rezone from RR-3 (minimum 5 acres) to RR-2 (minimum 2½ acres) of a 5.5-acre parcel located north of Northgate Road and just west of Hwy 83.
Although the property is surrounded on three sides by RR-3 properties, the south side is across the road from a portion of Flying Horse Ranch that will have townhomes and much greater density. The rezoning was approved 9-0.
Another rezoning was requested—of two parcels, from RR-3 and C-2 (commercial) to PBD (Planned Business District) in order to expand the current Black Forest Service Center. This is on Shoup Road just west of Black Forest Road.
One adjacent landowner objected, saying it was outside of the one-quarter-mile radius commercial node at the intersection of these two roads. However, a part of the property is within the node, and the Black Forest Land Use Committee agreed with the rezoning, provided deed restrictions were placed on the property. After some discussion, the rezoning was approved without deed restrictions 8-1.
Last up for consideration was the Final Plat for Walters Commons, Filing No. 1. This is a 178-unit townhome project on 18.66 acres at the northeast corner of Higby and Bowstring Roads, just east of Lewis-Palmer High School.
When the preliminary plan for this was approved, the Walters family owned the property as well as 130 acres adjoining on the north. These 130 acres were to be placed in a conservation easement and was so indicated in the letter of intent. It was on this basis that the Woodmoor Improvement Association (WIA) agreed to the replat of the property and the development plan.
Subsequently, the portion that is to be developed was sold to Pulte Homes. The conservation easement has not been finalized, and there appeared to be some question as to the Walters’ intent at this time. WIA strongly objected to this, as they feel the situation has changed and they would not have agreed to the replat without the conservation easement. It was not included as a condition in the preliminary plan, but it was in the original letter of intent and in fact was in the letter of intent submitted with the final plat. However, a new letter was presented at the meeting without any mention of the easement.
After lengthy discussion, the majority of the commissioners felt this was a significant change from the preliminary plan, and the motion to deny was passed 7-2.
A module of an amendment to the Land Development Code (LDC) dealing with zone name changes, use changes, and format changes was presented for review. This is an ongoing project to update the LDC. As before, the only public input received was from the Black Forest Land Use Committee.
The next regular meeting is March 15, with the possibility of a second meeting on March 22.
By Tim Hibbs
Amid a groundswell of public support, questions remain about how best to replenish the water supply in Palmer Lake and at what cost. Awake The Lake Committee (ATLC) chairman Jeff Hulsmann, council members, and citizens offered different perspectives on the problem at the Palmer Lake Town Council meeting on Feb. 10.
After Town Attorney Larry Gaddis advised that the final recommendation on a course of action should come from the Water Committee, Trustee Chuck Cornell promised a special meeting of that committee to address the issues. That meeting was held on Feb. 18 and was attended by Cornell, Mayor Nikki McDonald, and Trustees Trish Flake and George Reese.
The ATLC was sanctioned by the council at its Dec. 9, 2004, meeting, and was formed to explore ways to restore the water level in Palmer Lake. It provides updates on its progress at each council meeting.
Hulsmann said that progress had been made since the last council meeting, with over $1,200 raised in one week through a committee fundraiser. He stated that Water Supervisor Steve Orcutt gave the committee a more accurate estimate of the amount of water needed to fill the lake: 30.47 acre-feet. The amount of water targeted by the ATLC was up to 80 acre-feet, with the excess planned for longer-term supplementary needs.
The larger issue is the cost of the water. Hulsmann stated that a cost of $4.60 per 1,000 gallons was being used by the ATLC for calculation purposes, though he was not certain how that figure was derived.
Rogers Davis, a resident who has participated on two recent water rate committees, offered some clarification. He stated the $4.60 rate is a value that includes all overhead, salaries, fees, electrical, and gas costs as well as chlorine, other chemicals, and the cost of pipe.
He, along with Cornell, noted that many of those costs would not be incurred by water transferred from the town reservoir to the lake. Davis estimated the actual cost for reservoir water would be closer to $1 per 1,000 gallons.
[Note: Cornell subsequently offered some details that were discussed at the special Water Committee meeting on Feb. 18. The actual cost for the water will likely work out to be less than half of the $4.60 rate, but he reserved discussing the precise amount until the next council meeting. The 30.47 acre-feet of water for the one-time lake infusion will ultimately be drawn from the D2 well and not from the town’s reservoir. However, as it is prohibitively expensive to provide a dedicated supply line directly from the wellhead to the lake, the water will be drawn from the public system at a point about 200 feet east of the lake.
Since the well supplies the town water system, the water placed in the system from the well is first chlorinated. State regulations require that the water added to the lake be de-chlorinated, so a temporary de-chlorination station will be placed near the point that water is drawn for use at the lake. This arrangement also allows for precise metering of the water pumped into the lake basin.]
Cornell noted that he had spoken with State Senator Tom Wiens and with Hal Simpson, state engineer with the Department of Natural Resources, on these issues. Both stated their opinions that if reservoir water were used, chlorination would not be needed, nor would the town be required to seek a water discharge permit. Cornell stated he would seek a formal affirmation of these opinions from state quality engineer Mark Pifher.
[Note: Pifher later stated that the town would indeed need a discharge permit for its proposal. However, the state also issues what is known as a Minimal Discharge Permit, which is available at reduced cost and processing time. Palmer Lake’s use qualifies for such a permit, and Cornell has initiated the process to file this permit with the state.]
Cornell said he didn’t feel that using reservoir water was the best option, an opinion McDonald echoed and one that Hulsmann said is shared by Orcutt. McDonald stated that contractually, the town owns the amount of water held in the reservoir as of March 15, so it is in the town’s best interests to reduce its reservoir withdrawals until after that date. Amounts received by the reservoir after that date are allocated for other downstream uses.
(The reservoir holds 144 acre-feet of water at capacity. An acre-foot equals 325,851 gallons, and the Palmer Lake water system’s usage averages about 230,000 gallons per day in winter months.)
Hulsmann and the members of the council expressed their interest in ensuring that the public be apprised of all proposals and developments regarding the lake. In response to a question from Trustee Max Parker, Town Clerk Della Gray noted that the final analysis and report from CTL Thompson is available for public review in the town office.
CTL Thompson is the engineering firm hired by the town to identify and analyze the problems leading to the loss of water in the lake. The report also contains a set of recommendations designed to mitigate those problems.
The council unanimously approved the agenda items for the meeting as well as all consent items.
Liquor Licensing Board: The council met briefly as the Palmer Lake Liquor Licensing Board to consider two liquor license applications. Steven Spry of the Tri-Lakes Chamber of Commerce requested a license for his organization’s annual dinner, scheduled for April 2 at the Pinecrest Event Center. Spry stated that approximately 300 people are expected to attend the event.
The Gleneagle Sertoma Club, represented by Sherry Edwards, submitted the second application. Edwards is co-chairperson of the club’s first annual Spirits of Spring beer and wine tasting event, to be held at the Tri-Lakes Center for the Arts on April 1. All proceeds from the event will be donated to Tri-Lakes Cares and other local charities. The board unanimously approved both applications.
Freedom Week: McDonald declared the week of Feb. 13-19 as Sertoma’s Freedom Week in Palmer Lake. Dennis Daugherty, chairperson of the Monument Hill Sertoma National Heritage program, accepted the proclamation.
Business Licenses: Jane Garrabrant requested a business license for Whispering Pines Artwork, an Internet-based business. The company produces greeting cards and note cards, and can be found online at http://www.whisperingpinesart.com. Garrabrant stated that she already possesses a sales tax license. The council approved the business license application unanimously.
Mike Wislinsky submitted an application for a license for a new business called Premier Garage of Colorado. The company was formed to install garage flooring and to perform garage makeovers and improvements.
In response to a question from Trustee Gary Coleman, Wislinsky noted that as a contracting business, it pays a use tax on materials brought in from outside the town. Gaddis noted that the business would still need a sales tax license but only for goods sold in Palmer Lake. The council unanimously approved the application, subject to it being issued a sales tax license.
Kim Makower submitted a business license application for Palmer Lake Tennis Center, which conducts tennis lessons in Glen Park, a property owned by the town. Cornell stated that the center’s Web site offered products such as tennis and paddle tennis racquets for sale, and as such would require a business license.
Makower disagreed, stating that his products are only offered as a service to his clients. He further stated that his products are purchased and sold at retail cost and are not subject to sales tax. Gaddis said that if any products are sold in Palmer Lake, a sales tax license was required. He noted that there is no cost for a sales tax license, but Makower said that, from his perspective, the cost was not the issue.
Parker stated that he had received complaints from some residents that the courts at Glen Park are frequently in use by the Palmer Lake Tennis Center. Parker noted that the complaints centered on how the courts are scheduled. Makower said that one court always remained available for scheduling at the town office.
Flake said that, especially in winter, scheduling the center’s lessons and public sessions is difficult. She stated that Makower provides a needed service to the community by offering reasonably priced lessons and good service to his clients.
Gaddis advised the council that they could approve the business license application, contingent on Makower securing a sales tax license. Makower then requested that the council table his license request until a subsequent meeting. The council voted unanimously to table the request.
Community and Economic Development – Buildings: Coleman said that Julie Lokken has nearly finished painting the entire town hall building, and he wanted to thank her for her dedication to the project. He also noted that town volunteers participated in a weapons of mass destruction exercise and drill on Feb. 5.
Parks and Recreation: Flake said that Parks and Recreation is forming a committee to organize the Blue Columbine Festival in conjunction with the Palmer Lake Historical Society. The event is currently scheduled for June 11. She noted that Deahna Brown is tentatively scheduled to begin teaching Pilates and yoga classes in mid-March. Gray stated that classes would not be held on Thursdays due to a scheduling conflict.
Roads: Parker received a letter from resident Gary Atkins, who is also a member of the Palmer Lake Planning Commission, regarding dust control problems on Circle Road that affect his property. Parker and Roads Supervisor Bob Radosevich met with Atkins and agreed to have Town Engineer Paul Gilbert review the issue.
Parker said that the Roads Committee is evaluating the possibility of issuing a revenue bond for road improvements, to be repaid with money from the roads capital improvement fund. The issue would require a public vote in April 2006. Cornell stated that water system improvements would be addressed at the same time roads were being worked on, saving the town the expense of separate excavations.
Police: Reese noted 101 total police incidents for the month of January, along with 3 arrests, 26 cases, 20 traffic citations, and 22 dog warnings. These totals are similar to those in December, with no identifiable upward or downward trends.
Fire: In Trustee Brent Sumner’s absence, Fire Chief Phillip Beckman detailed a total of 16 calls for January: 1 fire, 8 medical, 1 traffic accident, 5 other, and 1 public assist call. He said the department has a new ventilation chain saw and has received some new wildland firefighting equipment.
The council passed two town ordinances unanimously. The first, Ordinance 1-2005, was a request to vacate a public right-of-way on a portion of Clio Avenue, constituting an area of about 4,480 square feet. The second was Ordinance 2-2005, a request to vacate a portion of Loveland Slope and Epworth Highway. The Palmer Lake Planning Commission had previously recommended the council approve both requests.
The meeting was adjourned at 8:28 p.m. The Palmer Lake Town Council conducts a public workshop on the first Thursday of every month and meets in formal session on the second Thursday of the month. All meetings are held in the Town Hall building in downtown Palmer Lake.
By Jim Kendrick
At the Feb. 7 meeting, Santa Fe Trails resident Scott Brandon asked the Monument Board of Trustees (BOT) for compensation for car repairs after he struck a boulder he said was accidentally placed in the middle of the street by a town snow plow.
The board interviewed Aurora Police Captain Jacob Shirk, who was recommended for appointment as Monument police chief by the town’s search committee. The board also filled a vacancy on the Police Advisory Committee (PAC). In addition, Mayor Byron Glenn gave an update on discussions he had with developers wanting to put in a water park on Baptist Road west of the interstate.
Brandon made a presentation requesting compensation from the town for damage he incurred while driving in the Santa Fe Trails neighborhood at 10:30 a.m. on Dec. 22. The 2000 Jeep Grand Cherokee he was driving received about $3,800 of damage after he struck a 53-pound rock that he said a snowplow had moved to the center of the street and then covered with snow. The Jeep belonged to Colorado Springs resident Suzanne Erskine, who was visiting and asked him to drive the car for her because of snow, ice, and mounds of snow the plow had left in the middle of the street.
Brandon brought the boulder he hit into Town Hall and also presented pictures showing the debris field, including a sheared-off Old Denver Highway road edge marker accidentally spread throughout the subdivision’s streets by the plow. The rock had paint on it, which he said came from the Jeep’s suspension, and numerous markings where the bottom of the car had scraped it.
Background: There had been complaints to the town in the past about the plow moving snow to the side of the street, piling snow on already cleared driveways and sidewalks. The added snow would often freeze, making it more difficult to remove. Residents in subdivisions with sidewalks are required by town ordinance to clear their sidewalks after a snowfall.
During 2004, Public Works had plowed the snow to the center of the residential streets to avoid this problem. However, this effectively created a "divided highway" on town streets. Drivers often had to drive their vehicles through this snowpack in order to make left turns or exit driveways. If a car was parked in the plowed lane, drivers had to drive through, or straddle, the plowed berm to get around them. Smaller cars would get stranded on top of the snow and ice berms.
Debris and ice chunks would often be buried in the berm, completely hidden from a motorist’s view. Concerned their cars might be damaged, drivers would often drive the wrong way down the street until there was a knocked-down portion of the snow-and-ice-packed center before crossing over to the correct lane.
Over time, the berms would be knocked down by vehicles. The remaining portions of the center berm and the knocked-down snow in the driving lanes often froze. Often, that snow was not re-plowed.
At several recent meetings, the board discussed the pros and cons of this unusual alternative method of plowing but had left the "plow to the center" policy in place. However, after Brandon’s accident, the town changed the policy, and snow is again being plowed to the side of the road. The county plows to the right side of the road on two-lane streets.
Plowing issues: Brandon said that the plow had cut the corner while coming southbound on Old Denver Highway as it made the right turn into Santa Fe Trails on Woodfield Drive. He said that the plow’s blade picked up "probably four" of the large pink granite landscaping boulders that served as a curb at the entrance to the subdivision and "hundreds of pounds" of decorative one-and-a-half-inch river rock behind the boulders.
The blade then moved and buried these boulders, as well as the river rock, in the center snow berms on Woodfield Drive, Park Trail Drive, and Ranchero Drive. River rock debris was also left in each of the intersections along this path.
He showed several photos that displayed the missing boulders, river rock, and reflector at the entrance, and other photos that showed the debris field on these three streets and intersections. He said the town was responsible for the debris being in the street.
Brandon said he struck the 53-pound boulder, which had been buried under a foot of snow in the center berm, while driving westbound on Ranchero Drive. He had to drive through the berm to maneuver around a parked pickup truck. The Jeep struck the boulder with its left front suspension, just inside the left front tire.
"There were no footprints in the area to indicate that the rock was placed there by vandals," Brandon said, "and it was obvious to Suzanne and I that the plow picked the rock off and buried it there as a result of plowing to the center of the roadway." He added that even at 10:30 a.m., the temperature was still near zero degrees and there were no kids out or footprints anywhere in the vicinity of the impact.
Lithia Jeep in Colorado Springs told Erskine that the damage included the front-end alignment, bent suspension parts, and broken welds where they attach to the unibody structure. Glenn questioned whether the rock was tall enough to hit anything under the car.
Brandon gave Sonnenburg a copy of the estimate on Jan. 3 and the claim was turned over to the town’s insurer, Colorado Intergovernmental Risk Sharing Agency (CIRSA). Brandon learned on Jan. 21 that CIRSA had denied the claim.
He praised Sonnenburg’s "diligent efforts" and said the town manager had "appealed this decision three times to the insurance company." Brandon said he feels the town is responsible for the rock being hidden in the snow berm and that the town and CIRSA need to decide who is responsible for paying for the damage, to avoid having to involve Erskine’s insurance company.
Brandon said Erskine’s deductible is $1,000 and having her insurer pay for the repair would be an unfair burden. He said Erskine’s insurer told her that her rates would increase if they paid for part of the repair, despite her flawless driving and claims record. He also noted he had to take a day off work on Feb. 1 to obtain supporting letters from neighbors on all three streets, after CIRSA continued to deny the claim.
CIRSA’s denial: In a letter dated Jan. 25 and addressed to John Erskine, Suzanne’s husband, CIRSA’s claim representative Mike Wagner wrote, "As you have correctly pointed out, the snow drift referenced in our prior letter was a mound of snow created by the snow plow as it went though Ranchero Drive. We do not dispute this point. We do disagree with your position that it is irrelevant how the rock came to be in the mound of show. This point was central to our decision to deny your claim. As you have pointed out, there are multiple ways the rock your vehicle collided with, could have been placed in the mound of show. We simply do not believe there is any evidence to suggest the rock was placed in the mound of snow by a City snow plow because of the negligence of the Town or its employees."
CIRSA then suggested that Erskine "seek compensation from your personal auto insurance carrier."
Brandon asked the board for prompt resolution to avoid the time and trouble for all the affected parties by having to seek restitution through small claims court. He again thanked Sonnenburg for the many hours of effort he had given to help resolve the issue in his favor, adding that "Sonnenburg displays a level of integrity not often seen and should be considered an asset to your organization."
Discussion: Sonnenburg said CIRSA had inspected the streets in question twice, and said he had accompanied the representative for the second tour. Trustee Gail Drumm said "I walked the whole thing" referring to the streets in question. Trustee George Brown, who also lives in Santa Fe Trails, said he too had seen the boulders and rocks and would be a witness for Brandon. He asked that a CIRSA representative attend a BOT meeting.
Referring to the plowing policy, Trustee Tommie Plank observed that she "brought this up two months ago." She said that the other trustees had said no citizens wanted their driveways or sidewalks blocked by plowed snow. She added that the snow berms in the center of a road surface melt and refreeze constantly and add to the stress on the pavement surface, leading to early cracking and potholes.
Brown agreed, saying he didn’t see the plowing to the center of the street as a problem during previous discussions, but now realized that it could be. Drumm said the town can’t plow the snow onto the sidewalks and then give people citations for not shoveling it back into the street. Glenn said that the town can’t plow to the center any more as a safety issue and that plowing to the side can be a problem for him and Brown as they have north-facing lots. Brandon offered to pay for the repairs, if the town would agree to repay him $3,800.
After much discussion, Glenn asked for recommendations on how to proceed. The board agreed to have CIRSA come out and look at the vehicle and do interviews. Glenn asked if CIRSA might change its position on negligence after the interviews and car inspection. Town Attorney Gary Shupp said they could. Glenn said that it would be hard to show any negligence by the town. Brown asked if driving over the berm, not knowing what was buried in it, could be considered negligent. Shupp said a case could be made that the town was negligent in plowing to the center of the street.
Trustee Dave Mertz said the town should pay for the repairs and make a permanent change to the policy regarding plowing snow to the center of the street. Shupp noted that if Mertz’s first recommendation was acted upon, it would "negate the insurance policy," precluding any chance of reimbursement of the town by CIRSA. Sonnenburg added that CIRSA had never looked at Erskine’s vehicle and had simply concluded there was no proof that the plow pushed the rock into the snow berm.
Brandon said it was unlikely that the driver of a 15,000-pound truck would be aware that the blade had hit rocks weighing 30 to 60 pounds, much less all the river rock, nor would he recall the incident; it was simply accidental and not negligent. He asked that the town "do the right thing" and change the plowing policy and pay for the repair costs. He added that the boulders should not have been approved to be in a position where the plow would pick them up. Plank disagreed, saying the location of the boulders was not the town’s responsibility.
Glenn asked if Santa Fe Trails was responsible for having the rocks too close to the road. Drumm said that the town had approved the landscaping plan for the subdivision’s entrance. Plank said "We bear some responsibility." The other trustees agreed. Brown said that CIRSA’s response was "lame" and Plank said it was "ridiculous." Orten asked Sonnenburg to request that the HOA move the rocks.
Glenn suggested that Brandon obtain three estimates and that the town pay the lowest one. Glenn asked for photos of the physical damage to the car.
Brandon said that the Erskines had waited long enough for the town to accept responsibility and that if the town would not agree to reimburse him at this point, then the car would be repaired at the dealership directed by Erskine’s insurance company on Feb. 10.
Brown said he did not have enough information on CIRSA’s position to make a decision at this time. The board chose not to provide direct reimbursement because they wouldn’t see the estimates until the next BOT meeting on Feb. 22. The issue was then continued to the next meeting.
Captain Jake Shirk of the Aurora Police Department met with the board after being nominated by the town’s search committee. He has 29 years of experience in the Aurora department and currently commands District 1 with 190 officers and a budget of about $14 million.
He has advanced from patrol officer, beginning in 1976, through the ranks of detective, sergeant, lieutenant. His most recent commands include communications, patrol, emergency response team, SWAT, detention section, and detective/administration. He noted he had participated in every SWAT raid during the time he was their commander.
Shirk said that moving to the Monument department "feels right." His principle philosophy is to establish a good working relationship between the department and the citizens, because success can only be achieved through cooperation with, and active support from, the residents and business owners. He added he would be involved with a lot of groups in the area as well as continuing the sound relationships the town has with the Sheriff’s Office and the Colorado Springs Police Department.
He noted that he attended the Aurora Chamber of Commerce Leadership Program in 1999, where he was elected to their board of directors. He was elected chairman of the board for 2003 and 2004.
Trustee Frank Orten said he was very familiar with Aurora’s community-oriented police programs, having worked there and attended the chamber’s leadership program. Shirk said he anticipated concerns about his transition from a large city to a small town and had done his research. He wanted to have a closer relationship with a smaller staff.
Plank asked how he learned of the open position. Shirk said he heard about it from former Monument Police Chief Al Sharon at a police leaders’ conference where they had met. Plank asked, "You’re aware that he left under unfavorable circumstances?" and asked if that would be a problem for Shirk. He said no, that he knows Sharon professionally. Sharon is currently a commander in the Brighton Police Department.
When asked, he said his "lead projects" would be completing the new police department and establishing a good working relationship with the new shopping centers on Jackson Creek Parkway regarding crime prevention. He noted that his Aurora district has about 100 burglaries per month.
Shirk said he was familiar with the issues of gaining accreditation, when questioned by Trustee Scott Meszaros, because his department is already accredited. He also observed that it is important for Monument’s officers to learn Spanish.
See article on Shirk’s appointment, announced on Feb. 11.
Monument resident John Harmon spoke to the board about his application for the vacant position on the Police Advisory Commission. Harmon works in civil engineering services for the Office of Emergency Management in El Paso County. He is a four-year resident and a volunteer for the Radio Amateur Civil Emergency Services group. He performed similar volunteer services with sheriff’s departments rescue squads while living in North Carolina and Tennessee. He was also a certified emergency medical technician in North Carolina. He said he does volunteer work at Lewis-Palmer High School.
Trustee Tommie Plank said he is "certainly well-qualified" for the committee and the board "appreciates your volunteering." He was approved unanimously.
The board unanimously concurred with Public Works Superintendent Tom Wall’s recommendation that the town endorse the planned upgrade of the Upper Monument Creek Wastewater Treatment Facility. The facility is jointly owned by Donala Water and Sanitation District, Triview Metropolitan District, and Forest Lakes Metropolitan District. Wall noted that there would be no effect on Monument and that the expansion complies with the town’s comprehensive plan and would improve Triview’s services to Jackson Creek.
The board unanimously approved an ordinance to adopt the new revised Pikes Peak Regional building code and a resolution to adopt the 2005 Regional Building fee schedule. Regional Building said the revised code "incorporates the new 2003 edition of the International Building Code and various other model codes regulating building construction." No fees were changed for 2005, though the format of the tables in the document has been changed.
See related story for revision to the ordinance on Feb. 22.
The 15-page contract with the Colorado Community Revitalization Association to conduct a two-day workshop on how to improve Monument’s downtown area was unanimously approved. The town will match the state’s Department of Local Affairs’ $3,000 grant with another $3,000 to pay for the workshop, which is now scheduled for May 17 and 18 in Town Hall.
Street sweeping: The board unanimously approved an intergovernmental agreement (IGA) for 2005 that provides for street sweeping within Triview by the town’s Public Works street sweeper. An additional "2.43 centerline miles" of street surfaces are covered by this contract.
The cost of the services increased from $3,054 to $4,776 per month, reflecting the higher expense of the new, more capable street sweeper that will be delivered to the town this spring. The contract calls for two 32-hour sweeping cycles each month. Additional sweeping would cost Triview $48 per hour.
Wall noted that there is a "60-40 split" between Triview’s road miles and those in the rest of the town, but Triview uses 65 percent of sweeper hours due to the driving time to and from Jackson Creek. The formula for the IGA’s costs was specified by the BOT in 2000. Sweeping in Jackson Creek is a full-time job for 11 to 12 days per month. Other full-time sweeping requires 8 to 9 days per month, and Wall reminded the BOT that this was the primary justification for adding a fifth person to Public Works at the start of 2005.
Glenda Smith, a former trustee, asked that the sweeper make an additional pass on the new bike lane on the west side of Mitchell Avenue. Wall agreed that the bike path needed to be a higher priority since the current sweeper does not vacuum up the debris it sweeps, leaving a substantial amount on the side of the road. He also noted that the vacuum would bring the sweeper into compliance with the dust limitations for air circulated by sweepers.
Triview water operations: The board also unanimously approved an IGA for 2005 that provides for Triview water system operations and maintenance by the town’s Public Works Department. The cost of the service increased from $13,525 to $14,200 per month. There has been no change in the scope of services provided to Triview, so this is just a "cost of living increase."
Franchise fee auditing: The contract with Mark V Professional Consultants for auditing the town’s franchise fee contracts was unanimously extended. Treasurer Judy Skrzypek said the audit of Mountain View Electric Association is complete and the settlement for $102,000 completed. "The remaining audits are with Aquila, Adelphia, and Qwest."
The board unanimously approved the Triview November sales tax payment of $10,207 and the January payment to GMS, Inc. of $9,647.15 for its engineering services.
The board considered applications for two Great Outdoors Colorado Local Parks and Outdoor Recreation Grants, which must be submitted by March 3:
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A reapplication for a grant for Limbach Park restrooms and drinking fountains of $96,000, with a town match of $64,000 ($160,000 total) |
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A mini-grant application for $17,500, with a town match of $7,500, for construction of improvements at Lavallet Park or Dirty Woman Creek Park ($25,000 total, each) |
However, no matching money was appropriated in 2005 for the larger grant. Brown asked, "When do we have to come up with the money?" Glenn noted that there would have to be a line item in the town’s budget for the local match amount if the grant were awarded.
The issue was tabled until Feb. 22 to allow time to determine whether the matching funds could be appropriated after the larger grant application was submitted or could be further delayed until after that grant might be awarded. Sonnenburg noted that the town would pay the contractor after the construction contract was signed, and then apply for reimbursement.
Glenn reported that the Baptist Road Rural Transportation Authority (BRRTA) had approved an intersection to upgrade the current right-in-right-out access to the King Soopers shopping center from Baptist Road.
This new intersection design would provide for dedicated left-turn lanes, along with four other lanes (with curbs) on Baptist, but there would be no traffic signal. The new cross-street will be named Jackson Creek Crossing Road. The intersection will be constructed by BRRTA and the county. Northbound Jackson Creek Crossing Road would lead into the King Soopers center, and southbound would lead into the Barber parcel. However, in the approved design no left turns will be allowed from King Soopers or the Barber parcel onto eastbound or westbound Baptist road, respectively.
The extension of Jackson Creek Crossing to the south of Baptist would be just west of the Family of Christ Lutheran Church. The Barber parcel is under a provisional contract at the present time while the unnamed developer explores building options.
Glenn expressed disappointment that the new intersection would not allow left turns from King Soopers onto eastbound Baptist Road because traffic in front of King Soopers will now double when the new Jackson Creek Market Village shopping center is built next to it, just to the east. Left turn traffic exiting the King Soopers center onto southbound Jackson Creek Parkway will also double. However, he noted that the intersection would be designed so that a traffic light with a dedicated left-turn light in all four directions could be added with minimum construction and expense at a later date.
Glenn said the town and the county should coordinate on requiring escrow funds from commercial properties that will be built on the east side of the interstate. The funds would contribute to the cost of this full-motion Jackson Creek Crossing light in addition to future full-motion lights at Leather Chaps and Jackson Creek Parkway.
He also noted that BRRTA was trying to arrange for earlier financing of the Baptist Road I-25 interchange than the Colorado Department of Transportation can provide. He said at this time BRRTA remained about $8 million short of the $14 million total required to pay for the entire CDOT interchange upgrade. Glenn noted that a suggestion to have Monument issue $8 million in bond debt, to be paid back later by CDOT when their money becomes available, would probably not be approved by voters since the interchange is not within the town’s boundary.
Glenn reported he had an "exciting meeting" with a firm called "Outrageous Oasis." This is the firm that had previously planned to build a water park amusement resort on Northgate Boulevard, east of I-25 within Colorado Springs. Anticipated water consumption was a factor in the failure of those plans. The firm is now investigating plans to build a similar kind of water-oriented resort in the commercially zoned areas on either side of Baptist Road between I-25 and Old Denver Highway. He said that Triview had given a tentative approval to provide water to the development on the north side of Baptist. Initial estimates show the attraction would generate an income of about $87 million in the first 10 years.
Plank asked why the firm had not pursued development in Colorado Springs after the plans for Northgate Road had fallen through. Glenn said the city was probably focusing on a new convention center.
Glenn noted that the developer is looking for tax breaks, and he suggested that the town could forego up to half of the 3 percent tax revenue for up to five years to encourage them to develop within the town. He said the name given to this tax break is a "special improvement district."
Glenn said there would be a need for further study of water supply and conservation by Wall and Triview District Manager Ron Simpson. It is simpler and cheaper to have Triview provide the water, rather than Forest Lakes, to the future water park site (on either side of Baptist) since Triview has existing infrastructure to the nearby King Soopers center. The town’s water supply system only extends to just south of the new Well 9 on Old Denver Highway.
Building permits way up: Glenn reported that in 2004, the number of building permits issued by Pikes Peak Regional Building, which extends outside of El Paso County, were up 1,200. He also said the number of building permits to be issued within El Paso County in 2005 is expected to go up 50 percent.
Growth studies: Plank reported that the growth studies for District 38 have been performed by a consulting group with an excellent track record for accuracy. The school district is hoping to have meetings with the surrounding districts and town to gain a consensus on their goals for the region, so that each entity can form more realistic and effective long-range plans. The district will pay for the future studies but needs better collaboration with the town, Palmer Lake, and Triview.
Lawsuits proceeding: Shupp noted that significant legal paperwork had been submitted regarding the Rockwell concrete batch plant and District 38 land dedication lawsuits that the town is involved with. He said these cases are moving forward.
BOA vacancy: The board agreed that the town would advertise in the paper for volunteers to fill a vacancy on the town’s Board of Adjustment. Likewise, signs may also be posted prominently at major intersections in town.
Snow shoveling not happening: Sonnenburg said the town has received several comments about residents not clearing their sidewalks of snow. He asked if the board wanted to supplement notices in the town newsletter with visits from a town official, probably a police officer, or send official letters to the individuals.
Plank asked if the job description for the new Public Works position included citations and enforcement, as she thought it would. Wall and Sonnenburg said there were unresolved issues about whether a civilian Public Works employee could give out citations. Drumm said police officers could ask residents to remove the snow, but does the board want them to start giving out citations? Orten suggested posting prominent signs at major intersections regarding snow removal. Sonnenburg noted that they cost about $60 each.
The board went into executive session to discuss "negotiations" at 8:06 p.m. No topic for the negotiations was given. The board later adjourned at 10:30 p.m.
The next BOT meeting was scheduled for Feb. 22. Meetings are normally held on the first and third Monday of the month at 6:30 p.m. in Town Hall, 166 Second St.
By Jim Kendrick
The Monument Board of Trustees (BOT) discussed for a second time whether it is fair for businesses in the historical district to pay a traffic impact fee when they remodel or add on and commented on two proposed developments, both are combinations of residential and commercial. One proposal was to build about 150 homes and a commercial resort at the 66-acre Lake of the Rockies campground property southeast of Monument. The second proposal was condominiums and office-warehouse buildings on 10 acres on the east side of Beacon Lite Road, north of Wolf Court.
Trustees Frank Orten and Dave Mertz were absent.
Freedom Week: The board unanimously approved a proclamation from the Monument Hill Sertoma declaring Feb. 14-21 as Freedom Week. Sertoma sponsors a number of patriotic events, including an essay competition by local eighth-graders on "What Freedom Means to Me." The best local essays are entered into a national competition. Sertoma representative Dick Cissell, said, "If you want to have tears in your eyes, read them."
Computer Security Upgrade: Treasurer Judy Skrzypek endorsed the recommendation of the town’s new computer consultant, Trusted Consulting Group, to upgrade security for the staff’s and police department’s computer networks at an additional cost of $473 per month. The board unanimously approved the increase. The board also approved a second $5,000 "block payment." This is the lowest service pre-payment amount for which Trusted Consulting Group gives a bonus of free additional future service. The 5 percent bonus for the $5,000 pre-payment is $250.
The Herb Bistro Garden is under construction in the new addition to the Gallery Center at Second Street and Beacon Lite Road. Richard Pankratz, owner of the Gallery Center, had questioned the fairness of the impact fee, which he must pay in order for the restaurant owners to be issued a liquor license.
Background: Trustees had been asked once before whether remodeling or expansion of existing businesses in the historical district should trigger a traffic impact fee. The impact fee ordinance was passed by the BOT in 2001. Toys 4 Fun owner Monika Marky protested the $3,000 impact fee in June 2004, saying her remodeling wouldn’t generate the extra traffic—and resulting road needs—that the fee was designed to pay for. Marky added that she had already paid $943 for a drainage impact fee. She said, "All of this is making it hard for business owners to succeed."
Marky’s fee was deferred by the board at that meeting, and the mayor asked the staff to investigate exemption of fees downtown or a different fee schedule for downtown businesses. However, the issue was not discussed again for eight months.
The traffic impact fee applies to new construction or expansion and is based on the Institute of Traffic Engineering standards for the number of vehicle trips generated. It is intended to help pay for major roadways. The staff does not have the discretion to change or waive the fee.
Discussion: In a fax to Town Manager Rick Sonnenburg, dated Feb. 18, 2005, consultant traffic engineer Neil Geitner presented additional data to update his original recommendation of July 20. The board had not discussed the issue since.
His fax provided figures for square foot waivers, based on 2004 traffic impact fees of $244,600. Trustees had discussed if it would be possible to exempt additions/remodels depending on their size. He calculated that if the first 500 square feet of an expansion were exempted from the fee, the town would have collected $229,200, a loss of 6.3 percent. He calculated that if the first 1,000 square feet of an expansion were exempted, the town’s loss would be $216,000 (11.7 percent loss). Geitner said an initial square foot waiver would have to apply equally everywhere in town, not just downtown, to withstand a lawsuit. He also noted that impact fees can only be waived entirely for low-income housing zones under Colorado law.
His recommendation was, "Based on the quick review of the 2004 history, the 1,000-square-foot exemption may be too large a change. A 500-square-foot exemption would result in a smaller cumulative fee reduction while granting some relief to smaller commercial projects."
He also recommended against having a separate fee structure for downtown, because it is too difficult to justify in court that the variations are valid for a town the size of Monument. He reviewed, then dismissed, several other commonly accepted methods for differentiating impact fees for the same reason.
Geitner attended the meeting to respond to questions concerning his written input. He said that changing the town’s fee structure would make a lot of work for the town’s attorney. Keeping them as simple as possible makes them more defensible.
Trustees Gail Drumm, Tommie Plank, and George Brown asked about how downtown retail businesses are differentiated. Geitner said the town’s ordinance differentiated retail as low or high traffic, with a threshold of 50 trips per day per 1,000 square feet. Restaurants are usually "high traffic." He also said several small expansions should be additive; if there were any square foot exemption, it would only apply to the first expansion.
Pankratz said the assessed traffic impact fee for his Gallery Center restaurant expansion was $4,572.48, which he said "seems to me to be awfully awfully high for 1,000 square feet considering that what we’re trying to do as a small mom-and-pop type of operation is revitalize the downtown area." He said businesses downtown "really do need some help."
Pankratz said he doesn’t believe there are any downtown businesses causing any traffic problem—"Retail is not the problem, rather people driving through downtown to go spend their money somewhere else." He asked the town for an outright waiver of the fee. He offered to pay his fee in the interim so that the restaurant owners could move forward while considering his request.
Town attorney Gary Shupp said, "I would strongly recommend that you not waive fees." He said that justifications for waivers are hard to make in court. He said that square-foot exemptions would not be as vulnerable to challenge in court.
Brown asked Pankratz if he agreed that the town had to collect revenue for road improvements. Pankratz said the share paid by retail was too high. He reiterated that there is no traffic problem. Brown said there could be no waivers for Pankratz or Marky. Plank noted that the downtown area was the only place where all of the 3 percent sales tax can be collected. Triview’s traffic impact fees in Jackson Creek are completely different.
Geitner then reiterated the need for the $8.2 million in projected roads has not decreased and that cuts for small downtown businesses would have to be offset by increases for other builders elsewhere in town. He said the fee structure is based entirely on the number of trips each building generates to be fair and defensible in court. Brown told Pankratz he would have to pay something. The board continued the issue to the March 21 meeting to ensure that all seven trustees could be present for the discussion along with Pankratz and Marky.
By consensus, the BOT let the restaurant owners move forward on their liquor license without requiring Pankratz to pay the traffic impact fee. The Herb Garden Bistro’s liquor license was conditionally approved pending a positive result from the routine background report on the owners by the FBI. Approval of the owners by the Colorado Bureau of Investigation had already been received.
Police Advisory Committee Chair John Stearns, member Rick Squires, and acting Monument chief Sgt. Rick Tudor asked the trustees again for guidance on how to proceed on land acquisition to begin the planning and construction of a new police department building. The recommended building size for a 20- to 30-year life span is 18,000 square feet, including a 4,000-square-foot multipurpose room for court hearings and training. The minimum lot size needed for this size building is 41,000 square feet.
Stearns emphasized that the designer must have experience in designing jails, courts, and police buildings to know what the unique security requirements would be. They estimated the cost of the building at about $3 million.
Stearns reviewed the pros and cons of sites in three areas. One site is 9.98 acres and located just north of the Safeway center ($300,000) on Highway 105. There are two possible locations within the Wahlborg addition (donated by the developer.) The developer has already donated a lot next to Highway 105, just east of the Church of Latter Day Saints. The committee is recommending the proposal of a swap of this lot for one at the southwest corner of Wahlborg, along Knollwood. The committee has also talked with Vision Development about purchasing a lot on Jackson Creek Parkway by the electrical substation ($300,000). Squires discussed the timeline required for a 24-month construction cycle. He also discussed how to save money by having the general contractor design and build electrical, water, and sewer systems.
Stearns asked if the board was ready to make a decision on the type of financing to propose to the voters for this project.
After a lengthy discussion, Mayor Byron Glenn said the BOT still could not give clear direction at this time. He said that Skrzypek needed to meet with the landowners to discuss lease-to-own options since the town does not have the money required for purchase at this time. Brown asked the committee to reconsider potential cost savings by having at least part of the building be two stories. No decision was made about the type of financing or layout of the structure or a possible election date for ballot issues.
The board unanimously approved a resolution that corrected the inaccurate building permit fee schedule inadvertently sent to the town by Pikes Peak Area Council of Government’s Regional Building Department.
The board unanimously approved a resolution that would close a portion of Second Street, Washington Street, and Front Street from 6 a.m. to 4 p.m. on Sunday, June 19, for a Tri-Lakes Cruisers Car Club auto show. The request is identical to that of the club’s last car show in the fall, which was held in the parking lot next to Rosie’s Diner. Dick Cissell said that show resulted in a donation of $3,500 to the building fund for Tri-Lakes Cares.
The board unanimously approved a payment of $69,392.56 to Triview Metropolitan District for sales tax revenue collected by the state.
Kim Catalano of Catalano-Way Group gave an update of his tentative plans to purchase the Lake of the Rockies campground on Mitchell Avenue. Catalano is exploring the possibility of building about 150 homes on the Lake of the Rockies property.
Catalano said he had discovered significant issues with the 18 larger building lots on the west side of the dam since there is no public access and a private road would have to connect with the Shiloh Pines development. Costs may be too high to develop a public road that might connect to Mt. Herman Road. Plans for building in that area are now on hold.
The mouse and floodplain constraints in the areas around the dam have changed the nature of the resort planning. Public trails and a nature education area may be feasible, but the golf course plan has been dropped.
The property has about 75 acre-feet of water. There are 137 lots now in the plan for immediate development. Glenn said that ordinarily each single-family equivalent home requires a half acre-foot so these lots would require 68.5 acre-feet. Catalano said that his plan for controlled irrigation would shave 30 percent off that requirement for each house, leaving 22.5 acre-feet available for the resort and its commercial components.
There was a lengthy discussion about controlling outside irrigation by having two separate meters for each home: one for the total water used and a second that measured the irrigation portion and that would be controlled by a homeowners association. Brown said the town would have no control over the HOA.
Catalano said he believes his plan would be a good test case for this innovative water conservation strategy through mandatory Xeriscaping. Several other trustees also expressed concern about the limited water for such a high-density plan.
Drumm noted that Catalano’s 7,000-square-foot lots were much smaller than the adjacent West Oak Ridge lots, which range from 10,000 to 18,000 square feet. Drumm also noted that the area was zoned downtown commercial and required rezoning. He said the proposed development did not have a welcoming feel that would draw people from other areas through the historic area and out to the lake. He recommended a redesign using the "new urban style," where houses would face the lake with garages and streets in the rear.
Catalano said he was confused, and he thought his proposal for a resort fit within the zoning and comprehensive plan goals. Without a resort and commercial buildings, he said the parcel would have to have more than 150 lots, many patio-home style, to break even. Drumm said that patio homes are not selling on the west side of Interstate 25.
Catalano also said he was trying to find a concept that would draw people to the development and that it was a challenge since so much of the campground property was unusable. He said that patio homes with a nearby personal care facility, or hotel suite, within a resort would be something older people who are looking to downsize their house and yards would find attractive.
Trustee Scott Meszaros said he was concerned about adding so many houses, given the problems that are created at the railroad track crossing on Second Street. Catalano replied he thought that the proposed connection of Mitchell Avenue to Baptist Road had been approved. Resident Sam DeFelice proposed that alternative emergency access could be built from northern Mitchell Avenue to Highway 105 on the west side of the railroad tracks or through Forest Lakes.
Catalano concluded by saying that without 150 lots and "with the problems the board was having with his water plan," it was not likely that the parcel could be developed profitably and that he might "have to walk away from it." He added that he had planned to purchase the property about 15 minutes after this meeting ended, but would have to reconsider. He expressed concern over the many problems with the property, a lake without water, and competing with the patio homes being built on the Wahlborg property.
Glenn suggested that Catalano improve his water plan, review traffic needs, and consider adjusting his lot density next to West Oak Ridge. Drumm reiterated the need to look at "new urban styles," like the new homes on Montana Vista Lane facing the Santa Fe Trail.
Developer Jerry Hannigan, accompanied by property owner Don Katanic, of Cinatak Construction, LLC, gave a similar presentation to the one Hannigan gave to the Planning Commission on Feb. 16 to build about 116 condominiums and two office-warehouse buildings north of Wolf Court on Beacon Lite Road. The proposed name of the development is Village Condominiums of Monument. Hannigan also acknowledged the shortage of water on this parcel, 28 acre-feet for the high density.
Katanic said the condos would range in price from $75,000 to $180,000, and his proposed building plans have been successful on his properties in other states. Hannigan said the owner was also open to having the parcel be entirely residential.
Glenn noted that the 20-unit apartment buildings were oriented "perpendicular to the natural slope" of the parcel, which would create some significant grading issues on the lot. He also questioned the heavy truck traffic for the office-warehouses next to high-density residential; "not a good combined use." He suggested small retail community shops along the Beacon Lite frontage instead. Brown agreed and said that the development would require a traffic light at Beacon Lite and Highway 105. Glenn noted that the town’s subdivision regulations would be substantially revised soon.
School District 38: Glenn announced he and Plank would attend a meeting with D-38 representatives at 6:30 p.m. Feb. 24 for long-range planning in the area.
Baptist Road Rural Transportation Authority update: In order to accelerate Baptist Road projects and complete the I-25 bridge at Baptist Road, the Pikes Peak RTA members would have to agree to defer improvements on Highway 24 west of Manitou Springs. Commercial developers would have to add a 1 percent "improvement fee" through an "RTA for the I-25 bridge." Home Depot and Wal-Mart would have to agree to the fee, which may be unlikely. Glenn said, "It’s getting a little depressing." He added that without that bridge, the town may "have to think seriously about a potential slowdown" in commercial development, "so we’re going to have a hard decision ahead of us."
Subdivision regulations: Glenn said the new town planner, Catherine Green, will be working on new subdivision ordinances, a new planning fee schedule, and new landscape ordinances for Xeriscaping. Shupp said that the town had revised the regulations to allow for less water for multi-family housing, but that change would not apply to Catalano’s single-family house proposal.
Shupp added that Catalano’s development "will not fly" unless the BOT significantly changed the ordinances, "a significant change in policy." He also said that the BOT approves a proposal as a total package, then holds the developer to meet the agreed proposal. Plank then advocated asking Catalano to put in more small resort commercial businesses around the lake "in the package" to make the development more inviting as a "destination." She suggested an ice cream shop and a bicycle rental store to encourage rides around the lake and downtown. There was general agreement from other board members.
Water: Glenn reported on the creation of a Front Range Water Conservancy to give area governments a stronger lobbying position in competing for water. He will be working with Palmer Divide Water Group consultant Gary Barber and the wastewater treatment facilities on how to best convince the city of Colorado Springs to allow the town to refill the lake.
Town Manager: Sonnenburg reported that the re-application for a GOCO grant for restrooms and a water fountain in Limbach Park would be made this fall. The new planning department fee schedule is being finalized to better reflect the amount of time the planning staff spends on each application.
Planning Department monthly report: The staff approved commercial land-use permits for three businesses in Monument Marketplace: Big City Burritos, Super Cuts, and Rhino Videos. The staff also approved a business license for Palmer Lake Motors to take over the vacant Burger King building. The Planning Commission and Parks and Landscape Committee will hear an application for Jackson Creek Market Village, just east of King Soopers, in March. Planning Assistant Jennifer Rieger will be resigning her position on March 2 to take another job.
The board adjourned at 9:15 p.m. The next meeting is at 6:30 p.m. on March 7 at Town Hall, 166 Second St.
By Jim Kendrick
The Monument Planning Commission (PC) heard a pre-application presentation for a concept called Village Condominiums at Monument, between Beacon Lite Road and I-25 near the weigh stations. Also, Kim Catalano, developer of the recently annexed Trails End subdivision, gave a second pre-application presentation for a new development next to Monument Lake. The posted hearing for the Jackson Creek Market Village Preliminary Plat, Final Plat, and Final PD Site Plan was unanimously continued until March 9.
In addition, a standing-room-only audience had come to the meeting for a different pre-application presentation—only to discover it was not on the agenda. However, during a public comment period at the end of the meeting, homeowner association representatives and citizens from Higby Estates and Woodmoor weighed in on the sale of the 440-acre Sally Beck property to developer Dale Turner.
Former PC chair Lowell Morgan presided at the opening of the session—an ironic start, considering he was voted off the commission and then elected as the alternate at the Jan. 18 Board of Trustees (BOT) meeting. Because two commissioners were absent for this meeting, he was a voting member.
The commission unanimously elected, with 6-0 votes, a new chair and vice-chair. Incumbent Commissioner Ed Delaney, who was absent, was elected chair, and incumbent Commissioner Kathy Spence was elected vice-chair. The former alternate, and newly elected commissioner Tim Davis was the other commissioner who was absent. Spence took over from Morgan and presided for the rest of the evening.
Jerry Hannigan, of Monument developer Hannigan and Associates, gave a pre-application presentation for their 10-acre parcel north of Wolf Business Park. This type of presentation to the PC and BOT gives a developer a chance to discuss plans and make adjustments before spending substantial amounts of money on engineering design.
Hannigan’s proposal would require a change in the parcel’s zoning from its existing planned commercial development (PCD) designation to planned residential development (PRD), to allow construction of 116 residential units in buildings with up to 20 condo units as well as 19,000 square feet of intermingled office/warehouse buildings.
The town’s revised comprehensive plan designates this parcel a "small office/warehousing" area and specifies a desire that development be clustered, small scale, and under 25 feet in height to preserve the I-25 view corridor. The town would provide water service and Monument Sanitation District would provide sewer. Hannigan’s presentation included eight pages of photographs of the three proposed building styles and a one-page narrative of the proposal.
Hannigan’s project narrative: The project will require 46.5 acre-feet of water per year—43.5 acre-feet for the residential units, 1 acre-foot for the office-warehouse buildings, and 2 acre-feet for landscape irrigation. The total available under the 10 acres is approximately 15 acre-feet (per year), resulting in a shortfall of 31.5 acre-feet (per year).
Woodmoor Water and Sanitation would make up the difference through an agreement the contract owner currently has with them. Surface drainage would be directed to a shallow detention area before being discharged into a detention pond south of Wolf Business Park.
The sketch plan calls for four rows of buildings, with each row aligned east to west. Two 20-unit buildings would be along the north and south boundaries of the property. Between these buildings are two rows of three six-unit residential buildings (next to Beacon Lite) and an office-warehouse building between them and I-25 that would provide a buffer from the noise for the smaller residential buildings.
Discussion: Hannigan said his main goal was to provide affordable housing since the planned adjacent Zonta and existing Wakonda Hills developments are residential 1-acre lots. He acknowledged that the zoned use is commercial and there is a substantial shortfall of available water for the requested increase in density. But he said condo units are "needed in town, salable in town, and fit in."
Morgan told Hannigan that he appreciated the water planning he had already done.
Hannigan also noted that the residential buildings would be separated from the larger 20-unit buildings by the office warehouse structures. He added that his parcel is separated from the existing RV storage area by another 5-acre parcel. Morgan expressed concern that the wall and berm at the I-25 southbound weigh station would not provide a useful sound barrier.
Spence said the parcel was too close to I-25 noise to be acceptable for homes. She said that although there is a mobile home park on the east side of Beacon Lite, no permanent residences have been allowed in this strip.
Commissioner John Kortgardner expressed his concern regarding the property’s single entrance that would be used by 116 residential units and several businesses. He was also concerned about the available turning radius from Beacon Lite Road for the largest trucks, with relatively narrow entry/exit lanes separated by a median.
Hannigan said that the commercial traffic would not peak until after people had left for work or school. He added that he could not rule out occasional 18-wheeler traffic to the warehouse businesses, but knew that he would have to build acceleration/deceleration lanes on Beacon Lite.
Kortgardner also expressed a desire for sufficient landscaping to provide a visual buffer along Beacon Lite. He asked if there would be a clubhouse or other amenities in the development. Hannigan said "not yet."
Kortgardner said that at least some of the condo units would house families with kids. "Where would they play?" he asked. Hannigan said there are no plans for a playground and that all of Kortgardner’s suggestions would force the price of each unit to increase. He added that the office-warehouses would be a better buffer than a clubhouse.
Hannigan, who lives in Wakonda Hills, noted that he had not taken a survey of residents near the proposed development but said, "The impression I get from my neighbors, is that as long as the quality is there, there is not much concern about office-warehouses versus low-cost residential." His neighbors don’t want the existing propane tank and RV business to expand southward.
Commissioner Travis Easton—who is a civil engineer for Nolte and Associates, the engineering consultant firm for the Triview Metropolitan District and the Timbers development—expressed his concerns about traffic backups at the entrance, particularly 18-wheelers. He asked Hannigan for details on the rebuilt detention pond. Hannigan said it had been sized to handle all the drainage flow from upstream lots.
Kortgardner said that this proposal was better than large warehouses, propane tanks, and RV storage. He also asked if there was a particular economic reason for proposing office-warehouses. Hannigan said that he had included office-warehouses because that is what the comprehensive plan called for. The proposed addition of residential units was in response to repeated comments by town off
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