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Palmer Lake Star lit in honor of Trustee George Reese

Below: The Palmer Lake Star was lit March 10 in honor of Trustee George Reese who died March 6. The Reese family asked that donations be made to the Palmer Lake Volunteer Fire Department in lieu of flowers. The OCN staff extends our sympathies to the family and friends of this frequent volunteer and public servant. Photo by Jim Kendrick

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Forest View Acres Water District, March 10: Water district struggles with aftermath of alleged embezzlement

More than 45 people attended the regular monthly meeting March 10 of the Forest View Acres Water District (FVAWD) board of directors. The meeting focused on the circumstances that led to the alleged embezzlement of at least $212,000 in district funds and what should be done to keep the district’s infrastructure operating.

The four board members, Tom Guenther, Kevin Lonergan, John Anderson, and Barbara Reed-Polatty, were all present. There is a vacancy on the board. Guenther, the president of the district, presided.

When contacted later, board secretary Reed-Polatty said an application was received proposing to dissolve the district. Reed-Polatty said the application was returned to the applicant because the required $300 application fee did not accompany it.

The Forest View Acres Water District was established in 1957 by the late Hugh Nevins. From the initial provision of water to 27 homes, FVAWD currently provides water service to 280 residences in the Red Rocks Ranch, Clovenhoof, Villas, Sundance Estates, and Shiloh Pines neighborhoods in unincorporated El Paso County. A five-member board of directors governs the FVAWD, which also has a contract water operations manager, Dan LaFontaine, who is responsible for maintaining the equipment and infrastructure and managing all aspects of water delivery.

Reed-Polatty said she joined the board in May 2004. She said the then contract office manager, Patricia Unger, who had been working for the district since 1994, repeatedly put off her requests for bank statements. Reed-Polatty said that on Nov. 30, she and former treasurer Jeff Dull went to Wells Fargo Bank to get information and while there confronted Unger attempting to make unauthorized transactions.

Reed-Polatty said the board notified the sheriff’s department, which started an investigation.

In February, a warrant was issued for Unger’s arrest. Unger surrendered to authorities Feb. 16. She has been released on bail, awaiting a preliminary hearing April 18.

Guenther said, "The district attorney has documented more than 200 cases of forgery, mainly checks." He noted that the majority of the check forgeries were in the past two years although some large transactions were done in 1999. He said the alleged crimes carry a potential sentence of 4 to 12 years.

Guenther noted that Unger was not under contract in 2004. He added that the district has filed a civil suit against Unger and her husband to recover the funds.

Dull, who served as FVAWD treasurer from June 2004 through January 2005, said, "Wells Fargo Bank has quite a bit of liability."

Guenther added, "Unger was authorized only to deposit checks, not to write checks. When Norwest merged into Wells Fargo, Unger presented herself as the district’s representative. She forged the names of board members who were not on the signature cards at the bank. Wells Fargo said they only check signatures on major transactions."

Lonergan added, "The DA said there has been an explosion of embezzlement in the last several years."

Guenther said the profile of an embezzler is "Aunt Bee in Mayberry."

Susan Gates asked about the financial status of the district.

Guenther replied that all the essential bills are being paid. He said the district is making monthly payments on a $7,600 bill for the telemetry system work done in 2004. He added that the lawyer has agreed to wait for payment until the civil suit is concluded.

Ketch Nowacki, who said he is an accountant, cited three failures by members of the board:

1. Unger was not bonded and insured.

2. There was no system of financial controls in place. All bank statements went only to Unger.

3. The board elected to eliminate independent audits after 1998.

Nowacki then called for the board members to resign or be recalled. He also suggested that the district should be dissolved and taken over by another entity such as the Town of Monument.

David Jones said, "This board has never played by the rules and has been negligent. We need a change of direction."

Gill Moore said, "Recalling the board can wait until we fix this problem. I don’t believe anyone on this board is dishonest."

Micheale Duncan said, "The district is too large for volunteers. It should be run as a business using bonded contractors."

Sherry Bohn expressed concern about the potential cost to eliminate volunteers.

Guenther said that using a public service company instead of independent contractors to handle the district’s operations could cost two to three times the current administrative costs.

Bob Goldman said, "I’m grateful that anyone volunteered and served. The easiest way to fail is to lose continuity. You are not going to find five people to walk in cold and make it run."

Anne Bevis said the district residents’ anger should be directed at Unger, not the board. She said, "People who want to steal, steal. The bank failed to implement controls."

Dan Spiegelberg said, "I am more concerned about the future. The Raspberry Ridge development is looking to join the district, adding 20 to 24 more houses." He noted that the recently drilled Dawson well was expected to produce hundreds of gallons per minute and is producing only 20 gallons per minute. He said, "If we lose the main pump, we are all out of water. Do we have water to offer future homes?"

Lonergan replied that Raspberry Ridge was included in the district a year ago. He added, "The Dawson well was a disappointment." He said the district’s system never had redundancy and that the Dawson well was drilled as a backup. He noted that the pump in the Arapahoe well is 10 years old but the system is working well.

Guenther added that due to the district’s use of surface water, the Arapahoe well was rarely used during the first three years.

LaFontaine reported that during February:

Guenther reported that he has reconstructed a customer list and is issuing monthly bills.

Billing consists of an $18 per month administrative fee, a $26 per month debt service fee, and a charge for the amount of water used based on meter readings. The debt service funds go to pay off an $880,000 bond issued in 1995 and a $45,000 loan obtained in 2004. The water use schedule is a graduated scale:

Guenther said monthly billing totals about $20,000. He said the operating account balance stands at $33,370, and the debt service account stands at $14,508.

The board approved checks totaling $29,869 for a variety of bills, including $21,000 for Hinkle drilling, $4,315 for LaFontaine’s services, and $1,452 for insurance. In addition, the board approved a payment of $2,000 toward the $7,613 owed to AmWest for work done on the telemetry system in September and October 2004.

The board unanimously voted to go into executive session to discuss confidential matters regarding individual billing issues.

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The Forest View Acres Water District normally meets the second Wednesday each month at 7 p.m. at 18852 Rockbrook Road, Palmer Lake. The next regular board meeting is April 13. For information, call 488-2110.

Trustees for the Town of Palmer Lake, residents, and others engaged in a lively and sometimes contentious discussion of the results of the lake study conducted by CTL Thompson. The town commissioned the study to investigate the loss of water from the lake and to make recommendations for its remediation.

Bill Hoffman presented the results of the study for the engineering firm. He illustrated his points with a diagram showing the lake in cross-section. The bottom of the lake is lined with a relatively impermeable layer of muck, which rests directly on bedrock. Little water permeates through this layer. Water primarily flows into and out of the lake through a relatively porous sand and gravel layer that lines the sides of the lake. This layer mainly exists on the lake’s east and west banks, with a smaller section on its south end. Hoffman said that this layer averages about 5 feet in depth, although the study did not accurately measure depths at all points around the lake’s perimeter.

The firm concluded that placing a lining in the sand and gravel layer would reduce water flows from the lake. Hoffman noted that this lining would also reduce water inflows. Several of those in attendance offered opinions on this proposal.

Richard Allen, a founding member of the former Lake Preservation committee, said that lining the lake at the end of a drought year could be a mistake. Allen noted that lining the sand and gravel layer would mean that the lake would, from that point forward, require permanent augmentation.

Jeff Hulsmann, chairman of the Awake The Lake committee, agreed, stating that lining the lake "leaves us with no other option but augmentation" He said that option would make the lake into "a swimming pool." Hulsmann offered an option to fill the lake gradually without lining it, and then carefully monitoring its inflows and outflows to help determine the ultimate course of action. Allen and Trustee Max Parker supported Hulsmann’s suggestion.

Mayor Nikki McDonald stated that the town has historically supplemented the lake with water from the town’s reservoir. She said that the bigger question is whether to fill the lake now and monitor its inflows and outflows, or to wait and take no action.

Responding to a question about the logistics of sealing the lake, Hoffman said that he was against the use of artificial sealant materials. He recommends using some of the muck from the lake bottom as a natural sealant. Parker noted that with the lake’s level currently so low, access to that material would be much easier.

Community and Economic Development – Buildings: Trustee Gary Coleman invited the public to screenings of the movie Village on the Divide, scheduled for March 5. Proceeds from the movie will be donated to the effort to fill the lake.

Water: Trustee Chuck Cornell noted that Water Supervisor Steve Orcutt has been replacing the pump on the D2 well. Cornell estimated that the effort would take about three weeks to complete.

Parks and Recreation: Trustee Trish Flake noted the town’s annual Easter Egg Hunt would be held March 26 at the Village Green.

The Columbine Arts Festival is scheduled for 10 a.m. to 6 p.m. Saturday, June 11, at Centennial Park and the Village Green. Participants will include jewelers, artists, and several bands.

Flake noted that a permanent sign would be placed at the tennis courts in Glen Park, announcing the hours of public and reserved use.

The Parks and Recreation committee is planning a Chautauqua (summer school), though no date has yet been set. Flake said that the Chautauqua concept was started in the 1800s and is designed to mix recreational activities such as biking and hiking with educational opportunities.

She said that "affordable" Pilates and yoga classes would begin in March. The current plan calls for Pilates classes to start at 8:15 a.m. and yoga classes at 9:30 a.m.

Douglas County officials have requested that the public be allowed to begin parking at the motor sports area near the Greenland Open Space property. McDonald and Cornell suggested that the request be denied, with Cornell stating that the county needs to first improve its entrance to the open space before additional parking would be considered.

The Pikes Peak Library District has a series of seven films dealing with war themes available for screening and subsequent discussion. Flake said that the committee is considering the film program, which would be held in the town hall.

Roads: Parker said that Roads Supervisor Bob Radosevich is expanding the town’s trial with asphalt shavings for road repairs.

Police: Total calls for service in February reached 122, compared to 101 in January. Twenty-seven cases were opened, with 2 custody arrests, 11 traffic/dog warnings, and 2 dog citations.

Fire: Trustee Brent Sumner reported a total of 16 calls for January. He stated that the Palmer Lake Volunteer Fire Department had received a new ventilation chain saw and some new wildland firefighting equipment.

Mayor’s Report: McDonald requested that representatives of the media explicitly state the following in their respective publications: "Orcutt was correct in stating the Town of Palmer Lake does need a water discharge permit." The quote relates to previous discussions about filling Palmer Lake.

Fountain Creek Watershed: Bob Miner reported that the hydrologic studies of the north and south forks of Monument Creek, initiated by the Fountain Creek Watershed, would not include Palmer Lake. Miner requested a letter from the town demanding that Palmer Lake be included in the engineering study, considering that the town had already committed and paid $1,300 for its part in the effort. He stated that the Army Corps of Engineers has requested funds for their portion of the study, but congressional approval was required before those funds would be available.

Awake The Lake: Hulsmann said that the committee, with substantial volunteer assistance from Town Clerk Della Gray, had sent out 830 mailers asking for feedback on the committee’s effort to refill the lake. Almost 26 percent were returned, which Hulsmann said was an exceptionally high response. Of those, more than 80 percent expressed support for filling the lake.

Given that level of community support, Hulsmann said that the committee wanted to move forward with the initiative. He outlined a five-step approach:

Hulsmann said that all points should be actively addressed while the discharge permit application was being processed.

Trustee Chuck Cornell said that the town’s Water Committee had met jointly with the Awake The Lake Committee to determine a cost for the water. Based on electrical cost estimates from Orcutt, plus chemical and administrative costs, Cornell said that the 31 acre-feet of water needed for the lake would cost $15,000 to $20,000. He felt confident that the final cost would not exceed $20,000. He said that the water would come from the D2 well.

Hulsmann requested an opinion from the council to allow the committee to pursue the plan he outlined. He noted that the committee would like to begin filling the lake April 1.

Kim Makower submitted a request for a business license for the Palmer Lake Tennis Club. McDonald said that the application did not provide for the sale of tennis rackets or other gear, so a sales tax license was not required for approval. However, McDonald stated that if sales other than lessons were to occur in the future, a sales tax license would be required at that time. The application was added to the consent calendar for the next Town Council meeting.

A business license application was submitted for Black Forest Tree Service by Clinton Finney. After determining that the company was selling only its services and not wood, the application was also added to the consent calendar.

McDonald said the Palmer Lake Sports Riders Club had submitted a request for renewal of its agreement with the town. She said the agreement had been renewed annually for about 20 years. She stated that the club is aware that renewal is contingent on its agreement to fix the fence on the property used by the club. Renewal of the agreement was also added to the consent calendar.

Proposed Ordinance No. 3, to adopt the 2005 edition of the Pikes Peak Regional Building Code, and proposed Resolution No. 1, to adopt the 2005 Pikes Peak Regional Building Permit Fee Schedule, were approved without discussion for inclusion in the agenda of the next Town Council meeting.

No other items were raised for discussion, so McDonald adjourned the meeting at 8:40 p.m.

Palmer Lake Town Council workshops are conducted on the first Thursday of each month at 7 p.m.

The meetings provide an opportunity to address questions and issues outside of the formality of a regular Town Council meeting.

Mayor Nikki McDonald called the assembled Palmer Lake trustees and audience members to order at 7:02 p.m. Everyone in attendance was asked to observe a moment of silence for Trustee George Reese, who died on March 6 from complications related to knee surgery. The Palmer Lake star was lit March 10 in honor of Reese’s service to the town.

McDonald then convened the Palmer Lake Liquor Licensing Authority to consider two special liquor license applications. The first of these was for the Tri-Lakes Views event scheduled for June 4 at the Tri-Lakes Center for the Arts. The Palmer Lake Art Group submitted the second for an opening at the Tri-Lakes Center for the Arts scheduled for May 7. That event will be conducted from 5 to 8 p.m. Both applications were approved unanimously. The authority adjourned at 7:07 p.m.

McDonald then convened the Palmer Lake Town Council meeting. The agenda for the council meeting, as well as all consent items, were unanimously approved.

Ted Bauman, president of the Monument Hill Sertoma Club, introduced Jackie Cromer, an eighth grade student at Lewis-Palmer Middle School, to the council. Cromer is the winner of the club’s Freedom Essay contest, which is conducted annually and solicits essays from Creekside and Lewis-Palmer Middle Schools as well as the Charter Academy. Cromer presented her speech entitled "What Freedom Means to Me."

Sue Huisman, president of the Parent-Teacher Organization (PTO) at Palmer Lake Elementary School, outlined the group’s work on improving the playground at the school. She said that the PTO had received $47,000 in grants and had separately raised $17,000 to fund various improvements. More improvements are needed, however, and she outlined a grant request the PTO wished to submit to Great Outdoors Colorado for additional funds.

The request requires a municipality’s sponsorship, and Huisman asked the council for its formal support. She also noted that no funds were being requested.

After some discussion, McDonald stated that she didn’t feel the council had enough understanding of the issue at present to vote on the endorsement. She suggested that a vote be postponed until the April town council meeting and asked Huisman to return at that time.

Parks and Recreation: Trustee Trish Flake provided more details on the film festival sponsored by the Pikes Peak Library District. The film series is titled "War and Propaganda in Modern Society" and includes film viewings and moderated discussion after each movie. The series is proposed for the following dates: April 23 at 1 p.m.; May 4, 13, 20, and 25 at 4 p.m.; and June 1 and 22, and July 3, with no times scheduled.

She said that the total cost for film rights and materials would be about $1,500, and asked that the council allocate $500 for the event.

Trustee Max Parker suggested that the subject matter could be perceived as biased or controversial. Trustee Brent Sumner said that the movies are rated for adult audiences and had concerns about controlling access to the films. Flake stated that the program is actually conducted by the library district, and similar presentations had controls in place to ensure that minors would not gain unrestricted access.

Flake then moved to appropriate $500 from the Parks and Recreation committee budget for the event. Sumner offered a second, and the motion passed unanimously.

Chairman Jeff Hulsmann said the committee had raised $3,134.75 in donations without actively campaigning for funds to fill Palmer Lake. He circulated a mockup of a flyer intended for distribution to all residents, asking for a voluntary contribution of $2 per month or $25 per year. He noted that most of the work had been done to secure the committee’s status as a 501 (c) (3) tax-exempt nonprofit entity, which would allow all contributions made toward replenishment of the lake’s water level tax deductible.

Parker asked if the county had committed any Parks and Recreation funds toward the effort. Hulsmann said that such requests are presented to the county’s Park Advisory Board, and their recommendations are then submitted to the county commissioners for final consideration. He said that the committee’s request for funds was already on the advisory board’s agenda for its April meeting.

In response to questions from the audience, he stated that the ballot sent to the 815 town residents connected to the public water system was designed to show both sides of the question about filling the lake. McDonald added that this was a deliberate decision to evoke citizen participation in the issue and to provide guidance for the council. She said that the council wanted the townspeople to determine the council’s course of action.

Hulsmann added that the ballots returned constituted over 25 percent of those distributed, a very high return rate for questionnaires of this nature. Of those, 177 voted to proceed with filling the lake and 38 voted against.

Parker stated that the lake’s appearance and utility were not the town’s "pet project"; Palmer Lake is the town’s namesake and a primary attraction to the town.

Hulsmann then asked the council for authorization to start pumping water into the lake. Town Attorney Larry Gaddis advised that although the ballot only represented a straw poll, its results could be taken into account during a vote.

Trustee Chuck Cornell stated that the cost for the water would be determined by charging for the electricity and chemicals needed to get the water to the lake, plus a 10 percent addition to cover administrative costs and pump and infrastructure maintenance. He stated that the cost would be somewhere between $15,000 and $25,000 for the 30 acre-feet of water required for the project.

When discussion ended, Parker moved to authorize the committee to begin pumping up to 30 acre-feet of water into the lake under the cost proposal outlined by Cornell. The motion was offered as Resolution 2-2005, and was seconded by Cornell. Trustee Gary Coleman, Cornell, Flake, Parker, and Sumner voted for the motion. McDonald voted against in support of the 38 ballot respondents who had voted against the issue.

Palmer Lake representative Bob Miner reported that the study managers would reconsider their previous decision not to include Palmer Lake and Monument structures along Monument Creek in the study. He also noted that the Army Corps of Engineers said that both municipalities would have to be part of the study or their contributions would have to be refunded.

The council unanimously agreed to renew the town’s agreement with the Palmer Lake Sports Riders club.

Ordinance 3-2005 was approved by unanimous vote. The ordinance specifies that Palmer Lake adopt the 2005 edition of the Pikes Peak Regional Building Code. Resolution 1-2005 to adopt the Pikes Peak Regional Building Permit Fee schedules was also approved. The ordinance and the resolution will become effective on April 1, 2005.The council adjourned at 8:34 p.m.

View and download Remington Hill Subdivision Site Plan

View and download Jackson Creek Commerce Center

New Police Chief Jake Shirk was sworn in by Town Clerk and Treasurer Judy Skrzypek, with several members of his department in attendance. Ted Bauman, president of Monument Hill Sertoma, introduced student Kelly Vicars of Creekside Middle School who read her "What Freedom Means to Me" essay; Vicars was one of several finalists in the Monument Hill Sertoma Freedom Essay Contest.

The board approved Vision Development’s request for concurrent review of the preliminary plans and final PD site plans and final plats at future hearings for two developments, Remington Hill at Jackson Creek Filing No. 1 and the Jackson Creek Commerce Center.

The meeting started half an hour earlier than originally advertised, at 6 p.m. Trustee Frank Orten arrived at 6:30 p.m.

Carl P. Armijo and Claudia L. Whitney applied for the vacancy on the board. Armijo, a professional civil engineer, is a construction manager for the Public Works Department of Castle Rock. Whitney is the town clerk of Larkspur. The BOT voted to appoint Armijo to fill the vacancy and Whitney as an alternate member.

Vision Development’s Remington Hill is a large residential subdivision proposed between Higby Road and the northernmost portion of Leather Chaps. Filing No. 1 is the southwest corner of Remington Hill and, at 148 lots, comprises about one-sixth of the project. Click here to view and download the site plan.

There are two Planned Residential Development (PRD) zones in Filing No. 1. The western portion, zoned PRD-6 (six lots per acre), contains 56 lots. The larger eastern PRD-4 area (four lots per acre) contains 92 lots.

To the east, the subdivision will be adjacent to the 440-acre Sally Beck parcel, which has recently been proposed for residential development as Home Place Ranch. The north side of the development will be adjacent to Walters Commons Filing No. 1, consisting of 178 townhome units on 18.66 acres at the northeast corner of Higby and Bowstring Roads. To the west, Remington Hill will be separated from Jackson Creek Parkway by about 30 acres of commercial land.

Several roads will change: Part of the new construction will involve rerouting Higby Road away from Lewis-Palmer High School. "New Higby" will start about halfway between Harness and Bowstring Roads and extend to the southwest, intersecting Jackson Creek Parkway about 1,600 feet south of the current intersection with Bowstring and 800 feet northwest of the existing Jackson Creek Parkway electrical substation.

"Old" Higby Road will be left intact from the current dead-end intersection with Struthers Road, through the traffic light at Jackson Creek and past the high school, to a new dead-end just east of Bowstring. Development Director Rick Blevins said it’s not yet known when these changes would be started or completed, pending completion of a traffic impact study.

In addition, Bowstring Road will be extended past old Higby and through new Higby to intersect with Leather Chaps. The intersection will be the main southern entrance to the Remington Hill subdivision.

Harness Road will also be extended past Higby to the southwest to intersect Bowstring one block north of Leather Chaps, and will become the primary thoroughfare for the center and northeast portions of Remington Hill. In the first filing, however, Harness will only extend northeast of Bowstring for three blocks.

Jackson Creek Commerce Center

This pie-shaped center is proposed to include a local bank, community office buildings, and local retail on 9.92 acres at the northeast corner of Leather Chaps and Jackson Creek Parkway. A 14,900-square-foot Walgreen’s will be located on the northeast corner, and a 5,675-square-foot Ent Federal Credit Union building will be adjacent to Walgreen’s. Click here to view and download the site plan.

Two strip mall–type buildings, with 13 units of 2,400 square feet each, span the northern boundary of the parcel. Access is provided by an internal east-west street that connects Jackson Creek Parkway to Leather Chaps. There are five units in the western building and eight units in the eastern building. East of the credit union will be two 12,000-square-foot, two-story office buildings.

Blevins gave a short presentation on Vision Development’s request for concurrent review for the residential and commercial developments. Trustee Gail Drumm asked if consideration of these requests should be postponed until the new town planner, Catherine Green, "is onboard." Green was scheduled to start work two days later, on March 9. Mayor Byron Glenn said the board would have a chance to ask questions on the details when the proposal comes back for its concurrent review public hearing.

Trustee Tommie Plank asked if the Higby and Bowstring Road projects would be part of the initial Remington Hill development. Blevins said that would be determined by Vision’s traffic study and their consultant’s recommendation for road improvement requirements.

Plank asked for confirmation that the traffic study would be completed before the application comes before the Planning Commission and the BOT. Blevins said the reports would be included in the application package. Blevins also said the Higby and Bowstring extension projects’ timing would partly depend on what School District 38 wanted.

Plank then asked Blevins if negotiations were ongoing between D-38 and Vision Development. He said that the district’s lawsuit against his employer was still pending. Plank said that should not keep the two parties from negotiating. He said it was not stopping negotiations and that they have been in contact.

Each of the requests for concurrent review required a separate motion. Both passed 5-1, with Drumm voting no on each, citing his preference to have Green review the requests first.

(After the meeting, Vision Development decided to only move forward on the PRD-4 portion of the Remington Hill proposal and is now calling the larger lots Filing 1.)

Public Works garage: The board approved the lowest bid contract of $43,750 for foundation and slab installation for the new Public Works garage on Jefferson Street. The budget for the garage is about $75,000. Plank asked if the building would eliminate outside storage of Public Works equipment. Supervisor Tom Wall said one purpose of the garage was to protect this gear.

Limbach Park: The agreed-upon period to complete negotiations for purchase of railroad land to expand Limbach Park was extended. The Nov. 19 Letter of Understanding between the town and the Union Pacific Railroad Company specified that the "Feasibility Review Period" ended on March 8. The board approved an extension of this review period until April 15 to allow more time for negotiations.

Workshop monies: The board approved $3,000 for its 50 percent match with Great Outdoors Colorado, and also approved the $6,000 contract with the Community Revitalization Partnership for a two-day workshop on downtown revitalization. The workshop will be held on May 17 and 18 in Town Hall.

Street sweeper: Wall recommended approval of the lowest bid contract proposal of $150,313.30 for a new street sweeper from Faris Machinery Company. The proposed Elgin "Whirlwind MV" sweeper has vacuum capability to control dust that the town’s current sweeper lacks. Wall also recommended that the town not trade in the old sweeper. He said the better option is to keep it as a spare for the first six months after the new purchase, in case any problems arise or there is a need to provide additional sweeping services.

Wall added that the town could get more by offering the old sweeper for re-sale on the open market than by trading it in to Faris. "They were literally giving us nothing for it. All they were doing was inflating the price by $5,000 if we wanted to use the trade and then they took it right back off."

The 2005 budget appropriated $160,000 for a new vacuum sweeper. The sweeper has a three-year warranty. Wall will investigate whether the warranty can be extended, as requested by Drumm. The board approved all his recommendations.

New tractor: Wall recommended approval of the only qualifying bid for a five-year lease-purchase contract totaling $38,894 for a new John Deere Model 4720 tractor with a 73-inch bucket and an optional 17-foot right-of-way maintenance mower attachment. Currently, right-of-way vegetation is mowed with a five-foot cutter, requiring several more passes and time than the new vehicle will require.

The contract with Potestio Brothers Equipment, Inc. will exceed the multi-year lease-purchase budget appropriation of $38,000. Wall suggested the additional cost be covered year to year from the streets portion of the budget for equipment maintenance and repair. The total purchase price is spread over five years, however. The board approved both his recommendations.

D-38 meeting: Plank reported that School District 38 had met on Feb. 24 with other county and Tri-Lakes region governmental entities to develop mutually beneficial long-term growth predictions. She said two more meetings at D-38 regarding traffic growth were planned for March and April.

Highway update: Drumm said he had attended a Colorado Department of Transportation (CDOT) meeting on March 5. He noted that the cost to widen I-25 to six lanes from Colorado Springs to Monument Hill would be about $400 million more than budgeted currently and that work remained on how to fund Baptist Road.

Masse lawsuits: Town Attorney Gary Shupp reported that litigation concerning the two lawsuits filed against the town by Kalima Masse regarding her concrete batch plant proposal at Washington and Highway 105 was progressing slowly. He said the case the town had been litigating without assistance has been appealed to the Court of Appeals.

To date, the town’s insurer, Colorado Intergovernmental Risk Sharing Agency (CIRSA), had supplied legal counsel for defense in only one of the lawsuits. CIRSA will now provide Shupp with some legal help from the same counsel for the other suit during this appeal.

Looking ahead: Town Manager Rick Sonnenburg submitted a draft list of 61 programs and projects that are planned for completion in 2005 for the board’s "review, discussion, and prioritization." He noted that Shirk and Green had not had a chance to review or comment upon them. The board deferred consideration of the list to allow for their input and asked the staff to recommend a prioritization of the listed items. Mertz asked that an ordinance prohibiting overnight parking at Wal-Mart and other stores be added to the list.

Sonnenburg passed out copies of a March 4 Gazette article about town traffic impact fees, along with copies of a rebuttal e-mail he had sent to board members. The e-mail noted that Gallery Center owner Richard Pankratz’s fee had been lowered from $4,572 to $2,182 (equal to $2.17 per square foot). The original quote the Planning Department had given Pankratz was in error.

Sonnenburg said he had asked the reporter for a correction (which ran on March 9). The article had compared the impact fee the town was charging Pankratz to impact fees being paid by Wal-Mart in the Monument Marketplace.

Sonnenburg noted in his email that the Monument Marketplace developers for Wal-Mart "will pay approximately $370,546 to the town for offsite improvements to Baptist Road and I-25 per their traffic report, in addition to any BRRTA fees."

Plank asked about the Feb. 22 recommendation by consultant traffic engineer Neil Geitner that the restaurant be charged the higher rate. The current "retail–low trip generation" fee is charged if projected trips per 1,000 square feet are 50 or less per day. The current "retail–high" impact fee is $4,418 per 1,000 square feet, while the "retail–low" impact fee is $2,165 per 1,000 square feet. Sonnenburg said that the planning staff had always considered the restaurant to be "retail–low," though this difference was not noted on Feb. 22.

(Blevins discussed his view of Monument Marketplace traffic impact fees with OCN at a Baptist Road upgrade financing meeting on March 1. Blevins noted the BRRTA fee for 633,000 square feet at $1.25 per square foot of retail space at the Marketplace is about $791,000. The Marketplace has been downsized from its original projection of about 678,000 square feet. Blevins said that the portion of the BRRTA fee associated with Wal-Mart’s 206,000 square feet is about $257,500. Blevins said the separate, previously negotiated Marketplace contribution for temporary improvements on Baptist Road between Jackson Creek Parkway and the interchange is about $800,000.)

Resident Richard Metro, of the Village of Monument, asked where the town would get the water for the proposed water park between I-25 and Old Denver Highway. Glenn said the development would be south of Baptist Road in the Forest Lakes Metropolitan District. The district would provide the project’s annual water requirement of about 15 acre-feet per year. (An acre-foot is 325,851 gallons.)

Glenn said he would like to see a large percentage of the water park revenue used to purchase renewable surface water rights to supplement the groundwater used by the town, as a long-term investment for the future of Monument.

Metro asked when the town would be able to plow his street, Buffalo Valley Path, and if the town would have funds and personnel to plow the new streets in Trails End and Jackson Creek, since his street is not being plowed even with the newly hired streets technician. Wall said that the developer, Jack Wiepking, has not completed construction in the development so the town could not yet accept responsibility for the streets, even though they have been dedicated in the platting process.

Resident John Knoll said he was concerned about residential development of the campground on Mitchell Avenue without road improvements to mitigate existing traffic problems at the Second Street railroad crossing. He also said that Wal-Mart would provide a safe situation for supervised overnight parking of "very nice motorhomes" since he believed the campground is closed at times and the town is not a "motel Mecca." Drumm said he had never seen a Wal-Mart parking lot overcrowded with motorhomes.

Homestead resident Chuck Branson asked for information about the proposed Home Place Ranch development on Higby Road, east of Jackson Creek. Brown noted that developer Dale Turner’s pre-application presentation in January was only a notification that he had taken an option on the parcel.

Brown said the Planning Commission and BOT would formally evaluate the development plan and possible annexation once Turner submitted an application. Brown noted that Branson and all other adjacent landowners would receive formal notification from the town before any hearings.

Homestead Homeowners Association board member Robert Fisher asked that the town strongly consider annexation of Home Place Ranch because he believed that the county would not provide as much control over the project. Orten and Brown agreed, and also suggested that the HOA contact Turner directly and schedule a meeting to discuss their concerns and recommendations as soon as possible, to help his planning.

Resident Valerie Lake asked about long-term plans for the cemetery, saying that waiting until the town nears buildout may preclude future expansion due to the accelerating pace of changes. Wall said that the 250 remaining plots may last over 30 years, given annual sales of about 8 lots. She recommended purchase of adjoining undeveloped property now to preserve its historical value as well as a future green space in a high density area of townhomes and mobile homes.

Resident Becky Knoll asked about the "latest news on filling the lake." Glenn said he was to meet with the Colorado Springs City Council the next day to present evidence about how much water the town contributes above natural Monument Creek flows and seek their cooperation in allowing the town to fill the lake.

Town water representative and former mayor Betty Konarski noted the town has a safe, new, award-winning dam and is now in water court for adjudication of its storage and purchase rights to water in Monument Creek. Colorado Springs is contesting the storage issue, based on their policy of not relinquishing any of its flow to other users until all their reservoirs are completely filled. Wall noted that there is no firm estimate on when the city’s reservoirs will be filled.

Glenn concluded the open forum by noting the town’s development, the hiring of Green and Shirk to plan for it, and the improvements in Public Works to maintain it. Glenn observed that finding the funding for infrastructure improvements required for growth can be difficult. "Sometimes we need the revenues before we can actually make those improvements, so what I’m saying is we need growth before we can start actually catching up to that growth."

He said that Old Denver Highway and Baptist Road improvements require "$5 million to $10 million." The Baptist Road interchange requires about $15 million, plus more for interim improvements, more than any developer "can front." He said that the town was working on a way to have bonding companies finance currently unfunded CDOT interchange improvements within two to five years, paying only the interest on the bonds with temporary public improvement fee revenue until CDOT can pay off the bond’s principal.

The board then went into executive session to discuss negotiations regarding Limbach Park at 7:30 p.m. There were no announcements or actions taken at the conclusion of this executive session. The board then adjourned at 8 p.m.

View and download Remington Hill Subdivision Site Plan

View and download Jackson Creek Commerce Center

Police Chief Jake Shirk and Town Planner Cathy Green were welcomed at a reception before the start of the March 21 Board of Trustees meeting. The warm feelings subsided as three of four development project applicants received unfavorable news.

Ongoing revisions to the planning fee schedule and the subdivision and zoning ordinances were discussed but no decisions were made. Treasurer and Town Clerk Judy Skrzypek resigned later that evening after the board meeting adjourned.

Trustee Scott Meszaros was absent.

Financial Assistant Mary Russelavage filled in for Jeff Hulsmann of the Palmer Lake Fireworks Committee. Hulsmann had requested a contribution from the town to the committee "of the same amount as last year," $3,000, to come from the BOT discretionary fund. The board unanimously approved the $3,000 donation.

Background: At the BOT meeting on June 7, 2004, Monika Marky, owner of Toys 4 Fun, 155 Jefferson St., said that the town’s traffic impact fee ($3,000) and drainage impact fee ($943) for her store expansion were "making it hard" to succeed. The traffic impact fee was passed in 2001 and helps pay for major roadway improvements that cannot be otherwise financed by the town.

At that June meeting, the former town planner, Mike Davenport, replied that the staff did not have discretion to change or waive the traffic impact fee. Town Attorney Gary Shupp agreed and said any change in the fee without a change in the regulation would raise issues of equal protection under the law. Mayor Byron Glenn asked that the staff prepare a proposed regulation change for the board to consider, and the board deferred Marky’s traffic impact fee.

However, neither the regulation change nor Marky’s fee were addressed at the next BOT meeting, nor were they ever placed on the BOT agenda until Richard Pankratz’s similar complaint at the BOT meeting on Feb. 22, 2005. Pankratz told the BOT he had been billed for $4,572.48 for an addition of 1,008 square feet to the Gallery Center on Second Street. The Herb Garden Bistro, a new restaurant, has leased the addition.

Traffic consultant Neil Geitner, of Integrated Utilities Group, told the BOT on Feb. 22 that the restaurant would generate over 50 trips per day and qualify for the higher of the two retail trip generation fees in the town ordinance. He added that if Pankratz could produce a traffic study that showed otherwise, the town could apply the lower retail traffic impact fee.

Geitner also recommended that the town not put the downtown area in a separate traffic impact fee zone, apart from the rest of Monument on the west side of I-25. He said the amount of land in Monument that is not in the Triview Metropolitan District is too small to further divide.

Pankratz’s request was continued, so that Geitner could make further calculations and update his data and that Marky could attend the next review of the fee.

Discussion: Sonnenburg said he had corrected the Pankratz fee to $2,182 at the March 7 BOT meeting. He said the $4,578.32 figure resulted from the staff using the wrong retail vehicle trip rate and a math error. He also noted that Marky’s expansion of Toys 4 Fun was 2,035 square feet.

Geitner calculated revenue loss estimates for two possible waivers: no charge for the first 500 square feet or for the first 1,000 square feet of new construction for a business. He estimated that 0.74 percent of the square footage built in the future would be affected by a 500-square-foot exemption (24,000 square feet) or about 1.5 percent with a 1,000-square-foot exemption (48,000 square feet). Had either of these exemptions been in effect in 2004, the lost revenue would have been about $3,000-$4,000 or $6,000-$8,000, respectively.

Geitner made no recommendation regarding either revision option. Sonnenburg said in his staff report, "I believe the Town could afford to exempt at least the first 500 square feet via an ordinance amendment."

Plank asked Geitner to clarify his position on the trip rate that should apply to the Herb Garden Bistro. Geitner said the higher retail classification (over 50 trips per day) "is where restaurants would normally be placed based on national figures for turnovers for restaurants." Sonnenburg said he thought the restaurant was 2,000 square feet, which would be in the retail-high category; but at 1,000 square feet, he thought it should be in the lower category.

Pankratz said, "I really appreciate you trying to make things fairer for us downtown." He added, "If retail business downtown is not your first priority, just say so." Pankratz then asked if the town wanted "retail that generates tax revenue or just office space" downtown.

Glenn said that the downtown commercial zoning does not distinguish retail from other commercial businesses and that he understood Pankratz wanted a fee waiver or reduction. Any "break" or "favor" would have to be the same for any type of commercial business. The issue before the board was only the waiver for a certain number of initial square feet, not the vision for downtown.

Pankratz said he would now plan to build an office building on his undeveloped adjacent commercial property because it would be cheaper and more profitable than a retail or restaurant building.

The board unanimously approved a motion directing the staff to draft an ordinance with a waiver for the first 500 square feet of new construction.

Marky told the board that she had been waiting for years for the town to put up the signs by the I-25 interchange directing people to downtown, but "We don’t see anything." She asked how the town could charge a traffic impact fee, when she had seen no increase in downtown traffic. Glenn said that the town would eventually be able to do some improvements when sales tax revenue and the traffic impact fee fund increased in a few more years.

Sonnenburg said the town would soon be spending $60,000 to $70,000 for the interchange sign. Another $3,000 will be spent in May for a two-day consultant meeting on downtown improvements. Drumm said the impact fee had already paid for the extensions of Beacon Lite and Second Street. Glenn said that no more road improvements, like the recent one on Jefferson Street, could be made without the traffic impact fee. Marky said she hoped downtown businesses are still around when the other needed improvements are made.

(Fee follow-up: Sonnenburg and Green re-measured both affected properties on March 22 and the impact fees were recalculated. Green told OCN that Marky’s expansion was 1,941 square feet and her revised fee would be $3,112 for 1,441 square feet, while the Bistro’s area was in fact 1,008 square feet and the revised fee would now be $1,097 for 508 square feet.)

The board discussed how to start to put together a long-term capital improvement program from the staff’s initial list of future needs. Brown said that priorities could not be set without a revenue projection and lists of preferred priorities from the departments. Plank asked for the locations of all the listed trails and parks and the priorities of the advisory committees. The board agreed to discuss this again soon when more of the requested information was available.

Skrzypek said that sales taxes for January were about $12,000 behind last year’s and that the number of tax defaults and property seizures for 2004 taxes were up substantially.

The board unanimously approved the financial reports as well as three payments over $5,000. They were:

Green said Pioneer’s proposed new business on the 22.63-acre Dellacroce property at the southeast corner of Woodcarver and Baptist Road, in the county, would be a retail landscaping materials sales yard with outside storage. Staff concerns about the application, which will be forwarded to the county, included:

Plank asked Green for installation of a flashing light at the Baptist Road crossing of the Santa Fe Trail. Sonnenburg noted that the money for the downtown trail crossing lights on Second and Third Streets were paid for by an 80-20 traffic enhancement grant from the Pikes Peak Area Council of Governments.

Plank and Mertz also expressed concern about blowing dust and dirt like that from R-Rock Yard, which is already a hazard for motorists, bicyclists, and pedestrians on Old Denver Highway and the trail.

Public Works Superintendent Tom Wall said that Pioneer would be required to connect to the Forest Lakes Metropolitan District sewer lines when they are installed next to the property.

Drumm asked if Pioneer would pay a traffic impact fee. Glenn said Pioneer’s property was in BRRTA and would pay that impact fee. Pioneer would also be required to pay for part of the temporary Baptist Road and I-25 off-ramp widening as Home Depot and Wal-Mart will. Glenn added that Pioneer would also contribute to possible public improvement fees for the interest on I-25 bridge bonds that would accelerate bridge construction, if such an agreement is reached.

Developer Dan Holly gave a presentation similar to the one he gave to the Planning Commission on March 9 regarding an office building he wants to construct on Beacon Lite, adjacent to Air Academy Federal Credit Union. Comments and suggestions from the board were also similar.

Wall and Sonnenburg proposed that the town require only about 25 percent more water than is typically used for different types of residential taps in future development allocations. Actual use figures are significantly lower than the amounts currently allocated for some types of residential dwellings.

Single-family units are allocated 0.5 acre-feet of water per year, but average use is 0.39 acre-feet so there would be no change. Multifamily units are allocated 0.375 acre-feet per year, yet average use is only 0.23 acre-feet, allowing an allocation reduction to 0.29 acre-feet per year. They noted that the town would have to enforce water and landscaping constraints far more vigorously to prevent overuse.

Reducing lot sizes would also allow further water allocation reductions. Lowering the percentage of a lot that could be used for landscaping would further lower the amount of water needed for outside irrigation. More lots could be authorized and the extra tap fees could be used to purchase additional water rights or support the town’s water system infrastructure.

Discussion: Brown said the town does not want the enforcement problems associated with landscaping and watering restrictions and they could not be delegated to a homeowners association. Glenn said the town needed to limit irrigated space by changing town regulations because the actual amount of water in the aquifers is not known. He said "Let’s start doing something to be smart about water."

Glenn added that the town should not be looking to increase revenue from tap fees. Drumm said the plan would reduce irrigation but increase household use. Plank said she was opposed to more density and inevitable water use.

Wall noted that he expects only 150 more taps to be added to the town system before buildout. He said 30 more taps could be added with his proposed policy change, worth an additional $270,000. He said the town could also have a more punitive escalating rate structure for residents who heavily water their yards. He observed that these proposals coincided with those in the pre-application development proposal for the Lake of the Rockies that was next on the agenda.

Sonnenburg suggested that enforcement of water regulations and continuous monitoring of changes made in the size and type of installed landscaping could be performed by town employees or members of homeowner associations. Brown said this type of enforcement would be a nightmare.

After further discussion, the board took no action on the proposal.

Kim Catalano brought back his proposal for a residential and resort development by Monument Lake. He said he had made significant changes in the proposal in response to board and planning commission comments. The streets were redesigned and more commercial footage was added on a new commercial street leading to the hotel. Paved public access to the water and additional parking space was also added. The larger house lots on the west side of the dam were deleted and converted to open space with trails. Other walkways were expanded. View and download the Lake of the Rockies Plan

This pre-application included an analysis by Land Development Consultants, Inc. comparing landscape water usage under the proposed restrictions on "high water use turf to 30 percent of the total landscape area" to conventional practices. The consultant report said the approach proposed is "difficult to implement due to the need for a separate water meter for irrigation and the fact that penalties for exceeding the water budget may be difficult to impose."

The report said the town would have to implement:

The latest revision would still require a substantial portion of the 66-acre parcel to be rezoned from commercial to residential, contrary to the town’s comprehensive plan. This version called for:

Discussion: Catalano gave an introduction but was soon discouraged by feedback from the board. He noted that the parcel had about 90 acre-feet of water per year, but the town would only credit it for 75 acre-feet.

Glenn asked Green to confirm that the single-family homes would require a zoning change. Green had not started to work for the town at the time of the previous pre-application presentation.

He said he was glad to see that the town was looking at a 20 percent reduction in the amount of water required, which would enable him to move forward and increase tap fees collected by 20 percent as well. He said his water conservation proposals, previously presented to the planning commission and board, would save an additional 10 percent in used water if carefully monitored and enforced, though "it would be a process outside the box."

After further discussion about making the development a test case for alternative highly restrictive water and landscape rules and alternative enforcement methods, Catalano offered his water consultants’ services to the town staff to come up with the regulation changes that would be needed for approval of the higher densities in his proposal.

Then he said, "I’m not making a lot of sense now and I apologize."

Shupp said that this proposal would probably be the last pre-application the board was going to see. He had concerns for some time that the normal staff review process was being circumvented by a series of pre-applications that could "go on ad infinitum."

Glenn and Brown said that the lake was a public recreational asset and access would be cut off by Catalano’s proposed amount of residential. Glenn said that the Wall proposal appeared to be a change that was solely designed to allow Catalano to increase the density. He said that Catalano should find water elsewhere before bringing his application back, because the board was "not going to back off on the water or entertain a zone change that takes away our PCD zoning." He also said that Catalano could work with the staff and bring forward an application, but he didn’t want to waste the developer’s time.

Catalano said, "Thank you very much for your frankness." Catalano’s option on the parcel expired on March 21 and he said he has no immediate plans to continue pursuit of the project.

Glenn introduced the topic noting that a change was needed. Skrzypek reported that losses in uncollected fees were about $80,000 in 2003 and $30,000 in 2004. Green said that the current retainer fee schedule requires too many separate payments and does not charge enough for staff engineering reviews compared to consultant fees. Shupp said that staff fees are typically a flat rate that must reflect an average review, while consultant fees are passed through to the applicant. Sonnenburg said that there were a few more changes that needed to be made before the board voted on the proposal.

Green said that there was a lot of work still to be done on the subdivision and zoning regulation revision. She had documented where every paragraph in the old ordinances is dealt with in the new proposal prepared by former planner Mike Davenport. She said the change was a big improvement for users that alphabetizes topics and adds checklists for builders and homeowners; however, the revision doesn’t really change the rules.

Trustee Dave Mertz, who was Planning Commission chairman for the revision process, said the format changes were also meant to help the BOT apply the regulations. Shupp suggested that the revision is only a procedural overhaul and would still require future changes on a case by case basis. Green said Davenport had done a "pretty good job" in preparing the draft revision.

Glenn reported that BRRTA had met with the Pikes Peak Rural Transportation Authority and is acquiring land for widening Baptist Road. BRRTA is looking at taking over the Baptist Road/I-25 interchange rather than create a separate RTA for early replacement of the bridge. BRRTA would pay for the improvement through bonds secured by future CDOT payments. Interest-only payments in the interim would be paid through a public improvement fee of 0.5-1.0 percent that would be charged by all area retail stores.

Plank reported that the next School District 38 growth meeting with other government entities was to be held on March 30.

Sonnenburg said the annual agreement with engineering consultant GMS was expiring in May. The board asked that the next contract be offered for competitive bids.

The board approved agendas for three work sessions scheduled on March 30, April 11, and April 25.

The board unanimously approved installation of a visual screening fence on the east boundary of the Pankratz Gallery Center on Second Street. Wall said the unattractive building and jersey barriers that currently protect well 3 on the edge of Beacon Lite are not going to be removed in April as scheduled and there would be at least a six month delay.

Wall also reported that GMS had completed design of the weir/flume system to measure Monument Creek flows, but construction will be delayed until mouse permits are obtained from Pikes Peak Regional Building Department. These measurements are needed to help validate the town’s storage claims in water court for refilling Monument Lake.

Wall and Sonnenburg are meeting with a group of residents in the Forest View Acres Water District who are seeking dissolution of that district and inclusion into the town’s water system.

Wall reported the new Public Works tractor and 17-foot right-of-way mower have been ordered.

The meeting adjourned at 9:02 p.m. The next regular BOT meeting will be at 6:30 p.m. on April 4 in Town Hall, 166 Second St.

View and download the Lake of the Rockies Plan

In the first of three special meetings the Monument Board of Trustees (BOT) will hold between regularly scheduled sessions, the board unanimously approved a change in the fees charged to developers for town review and approval.

The change in the review fee schedule increases the flat fees that are charged for staff professional reviews of development proposals. The fees charged by consultants are passed to the applicants. The previous fee schedule was the lowest in the region, and its complexity resulted in the loss of about $110,000 in potential revenue in 2003 and 2004. The increases raise the town’s modest fees closer to the amounts charged by neighboring municipalities .

The police building subcommittee of the Police Advisory Committee gave the BOT an update on the status of lots available for construction of a new station.

Police Chief Jake Shirk and Sgt. Rick Tudor reviewed the real estate options for a new police station. One lot on the far northeast corner of the Wahlborg development has already been dedicated to the town during annexation. Shirk expressed interest in obtaining a lot northwest of the intersection of Jackson Creek Parkway and Higby. They said there might be a third option, to lease a building and lot and avoid purchase costs.

The board agreed to invite architects interested in designing the station to the April 4 regular BOT meeting. The projected $3.5 million cost of the building exceeds the town’s ability to issue bonds for the entire structure all at once. Architects must be willing to design the new police station so that it can be constructed in several phases.

The board approved ads for an interim and permanent replacement treasurer, but deferred a decision on seeking a separate town clerk.

The board continued the discussion of an extended warranty for the new street sweeper so information could be obtained to determine whether the warranty is provided by the manufacturer or the sales dealer.

On March 9, the Monument Planning Commission approved the Preliminary Plat, Final Plan, and Final PD Site Plan for the Jackson Creek Market Village. This proposal includes a shopping center similar to, and just east of, the King Soopers center on Baptist Road, and an adjacent townhome development to the north on Lyons Tail Road. The commission also provided comments after a pre-application presentation for a professional office condo building on the vacant Beacon Lite lot behind the Air Academy Federal Credit Union.

Commissioners Kathy Spence and Tim Davis were absent. Davis has not attended a meeting since being appointed on Jan. 3.

The development consists of a 40-unit multifamily residential project on 4.34 acres on Lyons Tail Road, with 82 parking spaces and PRD-10 zoning, and a five-store strip center, with two other separate retail pads next to Baptist Road, on 5.84 acres. The Market Village strip center building is aligned with the King Soopers strip center building, as are both pairs of pad sites and the roadways in front and in back of the stores, so that the two centers match in appearance.

The only direct access to the Market Village shopping center will be the existing right-in/right-out driveway to the King Soopers center on Baptist Road. This driveway will be named Jackson Creek Crossing Road. Baptist will be widened to five lanes at this intersection beginning in 2006, and will include dedicated left-turn lanes for both directions on Baptist; but even then, it will remain restricted to a right-out-only exit onto westbound Baptist. The grade of Baptist prevents any access at the east end of the new center.

A switchback sidewalk to the adjacent townhomes will allow direct access to the center for pedestrians, but there will be no traffic access from either shopping center to Lyons Tail. Market Village shoppers will have to drive through the King Soopers center to access Jackson Creek Parkway.

Development has long and complicated background: The Planning Commission approved Monument PRD 10 Development, Inc.’s preliminary plat and preliminary site plan, plus rezoning from residential (PRD-10) to commercial (PCD) for the shopping center portion of the development, on Jan. 13, 2004. It was approved with the condition that the staff’s numerous proposed changes be incorporated prior to the Monument Board of Trustees’ (BOT) review and final approval. The major problems were the planned private road being too narrow, insufficient off-street parking, bad placement of the access points on Lyons Tail Road, and lack of open space for children to play in.

Due to the number of changes in the revised proposal, the Planning Commission reviewed the proposal again on April 14 before it was presented to the BOT. The townhome subdivision’s private road right-of-way was widened from 30 feet to 40 feet, and the street was widened to 30 feet. Driveways were lengthened to 20 feet to allow parking on them, and the number of off-street parking places was increased to 28; however, the sidewalks were not widened to 5 feet.

The private road’s eastern access point was moved to align with the intersection of Kitchener and Lyons Tail, but this change required a realignment of some of the townhome buildings on the parcel. Most of the original small amount of open space was eliminated by this realignment, leaving no space for playground equipment or play areas requested by the commissioners.

The BOT approved only the rezoning request for the shopping center location at their hearing on April 19, 2004; the preliminary plat and preliminary site plan were continued. Trustees expressed the same concerns as the planning commissioners. The board asked for building elevations, although the elevations are not required for preliminary plat/plan hearings, and for more information on the project. However, the BOT approved owner and developer Miles Grant’s request that the next BOT hearing be a concurrent review of the preliminary plat and final plat/final PD site plan.

Townhome road still controversial: The original proposal called for a 30-foot private road right-of-way with 3-foot attached sidewalks, which was rejected by the town. Board policy now requires roads in all new developments to be public, to ensure access for snow plowing and maintenance. The new policy is based on this proposal and recent problems the town has encountered with private roads that were approved in other developments.

The town now requires a 60-foot right-of-way for roads, curbs, gutters, and 5-foot sidewalks in new construction. However, the intergovernmental agreement with the town for the 1987 Regency Park annexation only requires a 50-foot right-of-way. Triview Metropolitan District is part of Regency Park.

The proposal hadn’t been discussed again since that time. The planning staff said it had brought Grant’s application back to the planning commission a third time because of the long interval between BOT hearings and the number of significant changes in the proposal.

Reviewing Agency Comments: The staff report noted that the developer’s engineering consultant, Paragon Engineering, was working on all the remaining issues raised in comments submitted to the planning department including:

The county Planning Services Department and Colorado Department of Transportation (CDOT) said they had not received a copy of the developer’s revised traffic impact analysis. The county also said they did not receive a drainage analysis or a grading and erosion control plan for its review; this has been corrected, but the traffic review was delayed. They also noted the county Department of Transportation’s Major Thoroughfare Task Force (MTTF) had not reviewed or recommended the application.

CDOT is requiring the developer to put $20,000 in escrow for seven years to pay 10 percent of the mitigation costs for required Baptist Road/I-25 interchange turn lane improvements. The county is requiring an access easement to the undeveloped adjacent property to the east from the Market Village parcel. Also, Karen Rostvold of the Pikes Peak Regional Building Department is asking for a change of street names within the new development.

A related Feb. 14 memo from Baptist Road Rural Transportation Authority Manager Conner Shepherd also noted that Baptist Road changes for Market Village had not been reviewed or approved by the MTTF. He also reminded the town in the memo that BRRTA’s Feb. 2 recommendation for approval of dedicated left-turn lanes on Baptist Road for Jackson Creek Crossing Road "is not binding" on the county.

Acting Police Chief Sgt. Rick Tudor noted there are as many as four traffic incidents a week where cars westbound on Baptist entering the King Soopers center at the right-in/right-out access cannot slow down due to ice or sand, running over the median that separates the lanes. He also noted that the Market Village center would increase the commercial police call workload for his department in Jackson Creek and observed that the "need for extra personnel will have to be weighed."

The county Parks Department requested a 25-foot easement along Baptist Road for a trail that would connect the Santa Fe Trail to Fox Run Park.

Discussion: Developer Miles Grant made a presentation that featured moving 3-D graphics that demonstrated the contours of the slopes and stee