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Our Community News
Vol. 5 No. 5 - May 7, 2005

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Contents:

Big Splash April 16

Protect Our Wells Annual Meeting, April 24: Hydrogeologist warns of declining aquifer water levels

Palmer Lake Town Council Workshop April 7 and Meeting April 14: Developer’s request muddies water for the Inn

Monument Board of Trustees, April 4: Town Manager resigns

Monument Board of Trustees, April 18: Jackson Creek Market Village shopping center/townhome development approved

Monument Board of Trustees Meeting, May 2: Board wrestles with funding options for police building

Monument Planning Commission, April 13: Green holds get-acquainted workshop

Monument Parks and Landscape Committee, April 12: Committee redefines its role

Donala Water and Sanitation District, April 27: Bridge may increase cost of wastewater treatment plant expansion

Forest View Acres Water District, April 13: District fills board vacancy; works to assess impact of embezzlement

Monument Sanitation District, April 19: Board tightens legal correspondence policy

Woodmoor Water and Sanitation District, April 12: Board questions cost effectiveness of model

Corrections

Joint Use Committee, April 25: Schedule for construction of new lab building adjusted

Donald Wescott Fire Protection District Board, April 20: District sells another old fire engine

Tri-Lakes Fire Protection District Board, April 27: District accepts Wissler Ranch filing 4

Woodmoor/Monument Fire Protection District Board, April 27: No quorum, so no meeting

Tri-Lakes-Monument Fire Rescue Authority Board, April 27: Board lacks quorum, but members receive status reports

Chiefs summarize lessons from Bardsley Place fire

Chief Sheldon’s letter regarding the Bardsley Place fire

Lewis-Palmer Board of Education, April 21: Monument Charter Academy 11th grade approved

Baptist Road Rural Transportation Authority, April 8: Resolution of Necessity for right-of-way approved

Woodmoor Improvement Association Board, April 6: YMCA shares plans, invites cooperation

Woodmoor Improvement Association Board, May 4: Board receives update on beetles

April Weather Wrap

Letters to Our Community

Re: Response from the Forest View Acres Water District

We stand corrected

29th Annual Pine Forest Antique Show and Sale

Palmer Lake film series combines movies, discussion

A new home for Tri-Lakes Cares

Between The Covers at the Covered Treasures Bookstore: Happy New Mother’s Day

High Country Highlights: Springtime in the Tri-Lakes region

Bird Watch on the Palmer Divide: Western Tanager

Art Matters: Art is the fountain of youth

Special Events and Notices

Bear Danger

Developer to present plans for Home Place Ranch

Monument’s farmers’ market returns

Gleneagle Spirit 5k Fun Run/Walk

Free career counseling

Kids Fishing Derby returns to Palmer Lake

Fishing Derby needs volunteers

Xeriscape garden tours

Antelope Trails team wins first place

the PDF file. This is a 14.2 Mbyte file and will take about 82 minutes to download at 28.8. To view and print the file, you will need to download and install the free Acrobat Reader Program.

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Big Splash April 16

Below: Palmer Lake Volunteer Firefighters help fill Palmer Lake while providing motivational assistance to a huge flock of rubber water fowl on Palmer Lake, during their "race" at the Big Splash fund raiser April 16. Hundreds of residents cheered throughout the rubber duck race after each helped fill Palmer Lake with water they brought with them. The Awake the Lake Committee has raised over $21,000 in just a few months and on May 2 the Board of County Commissioners approved a donation of an additional $20,000 toward the purchase of well water from the town water department. The committee will purchase 30 acre-feet (9.8 million gallons) of water initially, then continue fund raising until they can reach the lake’s capacity of about 90 acre-feet (29 million gallons). Coverage of Palmer Lake meetings starts on page 4.
Photo by Jim Kendrick.

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Protect Our Wells Annual Meeting, April 24: Hydrogeologist warns of declining aquifer water levels

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By John Heiser

An estimated 75 people attended the Protect Our Wells (POW) annual meeting at the Black Forest Community Center April 24. The featured speaker was Dr. John Moore, a hydrogeologist who retired after 29 years with the U.S. Geologic Survey. Moore has served as a technical advisor to the EPA and U.S. House of Representatives and is the author of 80 technical papers and four books.

Moore presented data showing that water levels in the widely used Arapahoe aquifer are suffering significant declines, on the order of 30-40 feet per year, or an inch a day.

Many of the points Moore made during his presentation echoed those made March 14, 2004, by Dr. Bob Raynolds, a geologist with the Denver Museum of Nature and Science and a faculty member of the Colorado School of Mines. (See "Geologist predicts deep aquifer water shortages within decade," OCN, April 3, 2004 on the web at http://www.ourcommunitynews.org/v4n4.htm#pow).

Background

The Denver Basin is a system of bedrock aquifers that extend from north of Denver to south of Colorado Springs. Unlike the common misperception of an underground lake, the water is held in the microscopic pore spaces within the porous rocks. Moore noted that the Denver Basin has supplied water since 1883.

Portions of the Denver Basin lie beneath the northern part of El Paso County east of the Front Range. The four Denver Basin bedrock aquifers—the Dawson, the Denver, the Arapahoe, and the Laramie-Fox Hills—supply most of the water for the Tri-Lakes area, all of the water for Black Forest, and much of the water for the Falcon and northeastern El Paso County areas. The city of Colorado Springs is considering increasing its use of Denver Basin water, especially during droughts. Water providers and private well owners in Adams, Arapahoe, Denver, Douglas, Elbert, Jefferson, Morgan, and Weld counties also draw water from the Denver Basin aquifers.

Moore’s presentation, like Raynold’s presentation in 2004, included little information about the status and prospects for the shallower Denver and Dawson aquifers that are the source of water for many private wells.

At that meeting, Raynolds noted, "I can’t find any physical boundary between the Dawson and Denver aquifers." He characterized it as an administrative boundary. He added that the Dawson/Denver aquifer is generally considered to be tributary, meaning it is recharged by surface water, although that recharge may take decades or longer. Raynolds noted that from his research, the Dawson/Denver aquifer is apparently not connected in any significant way to the lower aquifers.

Moore noted that in 1985 there were about 12,000 wells drawing water from the Denver Basin aquifers. By 2001, that number had nearly tripled to about 33,700.

Declining water levels

Many Front Range water providers, including Tri-Lakes area water districts and municipalities, tap into the Arapahoe aquifer within the Denver Basin. Moore cited well data showing that, depending on the area where the measurement is taken, the Arapahoe aquifer is dropping 30-40 feet per year. According to a diagram Moore presented, the drop in the Monument area has totaled about 250 feet.

Moore noted that there is "essentially no recharge of the Arapahoe aquifer. It is 10,000-year-old water." If the rate of decline continues or worsens, as is widely expected, many of the 1,000- to 2,000-foot-deep high-volume commercial wells used by Front Range water providers could fail within the next few decades.

Moore said declining water levels typically result in drying up of springs and streams, decreased well yields, increased pumping costs, degradation of water quality due to increased dissolved solids, and land subsidence.

Moore noted that the effect of declining water levels is particularly acute for the Town of Parker, which lies near the eastern boundary of the Denver Basin. He noted that one 1,749-foot well in the Parker area, drilled at a cost of $450,000, is producing 450 gallons per minute. The water level started at 1,188 feet but has been dropping 70 feet per year. He said the well is projected to fail within five years.

What to do

Moore said some water providers are considering artificial recharge in which during wet years water is pumped into the aquifer. He said, "Highlands Ranch south of Denver is currently buying water from Denver and pumping it into the ground." Colorado Springs Utilities has conducted experiments with artificial recharge. (See "County Water Authority looks to conjure up some water," OCN, November 6, 2004, on the web at http://www.ourcommunitynews.org/v4n11.htm#epcwa).

Moore noted that other techniques to address the issue of declining aquifer water levels include increased use of reuse water from wastewater treatment plants, restrictions in landscape irrigation, replacement or repair of leaking water pipes, and growth control measures.

The topic of poorly planned growth struck a chord with some audience members. Oscar Weible said, "We have not had a good county commissioner to represent our interests in District 1 since the late Jim Campbell." District 1, which includes the Tri-Lakes area, is currently represented by Wayne Williams, whose term expires in 2006.

POW member and District 2 County Commissioner Doug Bruce, who was in the audience, said, "I am the only commissioner who voted against a new subdivision [Claremont Ranch] where there was no proven adequate water supply."

During his 2004 presentation, Raynolds said that an obstacle to confronting the problem of the declining water levels in the deep aquifers is that Front Range water providers are scattered and small. To help address that issue, local water providers have formed several organizations. One of those, the El Paso County Water Authority, was founded in 1998. It is composed of about 20 water system operators in El Paso County, including the towns of Monument and Palmer Lake, the Donala Water and Sanitation District that serves Gleneagle, the Forest Lakes Metropolitan District intended to serve the Forest Lakes area west of I-25 near Baptist Road, the Triview Metropolitan District that serves Jackson Creek, and the Woodmoor Water and Sanitation District.

The County Water Authority commissioned a water report intended to help members meet water demands through 2020. The report was issued in fall 2002 and is available on the county’s Web site at http://adm.elpasoco.com/planning/water_report.asp.

POW Plans

The host for the April 24 meeting, Protect Our Wells, also known as the Denver Basin Aquifers Private Well Owners Association, is a nonprofit, citizen-based group formed to advocate the interests of private well owners. The group was formed about two and one-half years ago in response to concerns that the County Water Authority’s 2002 report failed to adequately address the prospects for private wells. In addition to advocating for well owners at the local and state levels, POW’s goals are to gather information about the status of Denver Basin groundwater supplies and advocate their conservative use, and educate private well owners about Denver Basin groundwater.

POW President Larry Stanley said the group would be focusing on increased membership, more frequent public meetings, more frequent newsletters, increased political activity, more education of the public, and more visibility with the Board of County Commissioners and the State Engineer’s Office that grants well permits.

**********

For more information on Protect Our Wells, contact Stanley at 495-7825 or visit www.protectourwells.org. POW membership costs $25 per year. Mail checks to Protect Our Wells, P.O. Box 88241, Colorado Springs, CO 80908-8241.

Raynolds’ presentation is available online at www.protectourwells.org. Under "Resources," click on "presentations" and then "Bedrock aquifers in the Denver Basin: A finite resource."

The report prepared by the El Paso County Water Authority is available online at http://adm.elpasoco.com/planning/water_report.asp.

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Palmer Lake Town Council Workshop April 7 and Meeting April 14: Developer’s request muddies water for the Inn

By Tim Hibbs

A request for a commercial water line for The Inn at Palmer Divide project generated serious discussions between Palmer Lake trustees and developer Al Fritz at the Town Council workshop on Apr. 7 and the formal meeting on Apr. 14.

Fritz stated that an original PUD request that provided for a commercial water line was approved by the council in 1999. Modifications made to that request required a change to the water source for the development. Rather than receiving water through a commercial water line, Fritz made arrangements with Mission Training International (MTI) to purchase water from their well. The MTI well has the capacity to produce up to 200 acre feet of water annually, although the organization currently uses only about 3 acre feet per year for its operations.

Funding issues have plagued the Inn at Palmer Divide project since the original development request was approved. Fritz maintained that these issues have been resolved, and he cited the placement of 1,300 cubic yards of concrete foundation for the development several years ago as evidence of new financial stability. He said that the size of the project had increased from 25 units to 39 units, and that this expansion prompted his renewed request for a commercial water tap. He said that the total annual projected water usage for the project was 10 acre-feet per year or over 3.25 million gallons. Fritz made his initial request at the council workshop on Apr. 7, and was asked to return for the formal council meeting on Apr. 14 for further discussion.

Fritz noted that MTI has a commercial water line with a capped extension. He suggested that, if the council were willing to consider granting his request, his company would incur the expense to extend that commercial line from the extension to his development.

Mayor Nikki McDonald stated that, as part of its water restriction plans, the town enacted an ordinance stating that no new commercial main lines can be constructed. Fritz argued that extending the MTI commercial line was technically not a new main line but a continuation of an existing one. Trustee Chuck Cornell questioned what of significance had changed since Fritz’ original request for a commercial water line was denied by the council. The subsequent discussion on this question hinged on interpretations of which changes were "significant." No clear resolution was identified.

Trustee Gary Coleman stated that Fritz’ request appeared to be a significant change from the original plan and suggested that the request should be presented to the Palmer Lake Planning Commission for further review and consideration. He and Trustee Trish Flake noted that the council had only received the project plan the week prior to the council meeting, which did not provide enough time or background on which to make a sound decision.

Town Attorney Larry Gaddis suggested that the council extend Fritz’ PUD permit for another year to provide him time for additional presentations and planning. Coleman then moved to extend the permit and to direct Fritz back to the Planning Commission for further review of the proposal. Trustee Max Parker seconded the motion. With only Cornell opposed, the motion passed.

Business Permits

The council approved five business permits:

  1. Sundance Design, located at 440 S. Highway 105–Owner Denise Cornell. The business will provide machine-quilting services and will sell materials used for quilting.

  2. Rolling In Dough, located at 292 Highway 105–Owner Christy Schmitt. The company will make and sell gourmet and custom-designed cookies to the public.

  3. Dreams of Wood, Inc., located at 755 Highway 105, Units 4 and 5–Owners James and Debra Straub. The company builds and installs custom cabinetry for designers, contractors, and the general public.

  4. Wind Rose Global Enterprises, LLC, located at 4 Highway 105, Suite B–Owner Dennis Delhousay. The company manufactures and sells jute tote bags to the wholesale industry.

  5. Elite Water and Recycle, LLC, Located at 707 West County Line Road–Owners Doug Smith, Mike Marante, and Megan Dreher. The business provides solid waste management services and curbside trash and recycling pickup.

Committee Reports

Community and Economic Development–Buildings: Coleman said a document had been circulated to council members regarding a proposal known as "Front Range Commuter Rail." The document outlined a 12-year project to bring commuter rail service to communities on the Front Range, including Monument and Palmer Lake. He noted that although Palmer Lake is well situated to benefit from such a proposal, any efforts that the town expends to advance the goals of the project should be coordinated with the Town of Monument.

Water: Cornell reported that Water Supervisor Steve Orcutt was still working on the D2 well. Pump deterioration and other problems were discovered after the work had begun, and as of the Apr. 14 council meeting date the well was still inoperable. Cornell stated that the well should be back in operation within two weeks. He said that the well would not be operating in time for the Big Splash at Palmer Lake event, hosted by the town’s Awake the Lake committee and scheduled for Apr. 16 from 11 a.m. to 1 p.m.

Roads: Parker said that the committee had met with planning commission member Gary Atkins about his concerns over dust mitigation measures on Circle Road. Parker also complimented Roads Supervisor Bob Radosevich for his diligent work during the recent snowstorm. Radosevich added that construction by a property owner near the top of Trinidad Lane might require vacating part of Laughing Water Road in exchange for a portion of the owner’s property.

Police: The chairmanship of the Police Committee remains unfilled in the wake of Trustee George Reese’s death. McDonald reported that 116 calls were received by the Palmer Lake Police Department for the month of April.

Fire: Trustee Brent Sumner said the Palmer Lake Volunteer Fire Department handled 15 calls for the month of April. Of those, 9 were medical, 3 were fire calls, 2 were wild land calls, and 1 was for public assistance. There were 2 mutual aid calls for the month. He noted that the department is participating in a multiple agency grant application to upgrade radios to 800 MHz.

Parks and Recreation: Flake reminded everyone that the Blue Columbine Festival is scheduled for June 11 from 10 a.m. to 6 p.m. Booths for the event are available for $45 each, and the deadline for booth registration is May 15. Pilates and yoga classes are on schedule to begin May 18. She also said that June is Bike Month in Colorado, and encouraged people to ride their bicycles to work on June 22.

Dates for the Pikes Peak Library’s film series titled War And Propaganda In Modern Society were restated: Apr. 23, starting at 1 p.m.; May 4, 13, 20, and 25, starting at 4 p.m.; and June 1 and July 3, for which no starting times had yet been set.

Mayor’s report: McDonald remarked that the Tri-Lakes Chapel had donated chairs to the town for use in the Town Hall and other town facilities, and wanted to thank members of the chapel for their generosity. She also reminded everyone of the vacancy on the town council as a result of Reese’s death and asked for volunteers willing to fill the vacancy. McDonald has a maximum of 60 days from the time a vacancy starts to appoint a replacement.

Fountain Creek Watershed: Palmer Lake’s representative to the Fountain Creek Watershed project, Bob Miner, stated that the watershed’s hydrology study was ending. He noted that district flow information was forthcoming from Orcutt to complete the town’s obligation. Miner said that a project to widen portions of Highway 105 would be initiated this summer, and some erosion control measures would be incorporated into the project.

Awake the Lake: Committee Chairman Jeff Hulsmann stated that the Awake the Lake (ATL) committee had raised $13,796 so far, 99 percent of which was from individual donations. He said that the county’s Park Advisory Committee was very supportive of the ATL’s work, and was recommending that the county commissioners allocate $15,000 to help fund the effort to fill Palmer Lake.

He reminded the council of the Big Splash at Palmer Lake event scheduled for Apr. 16. Noting that it appeared the D2 well would not be operational by the day of the event, an alternative and "symbolic" source of water would be needed to fulfill the plans for the event. Water pumped from the fire department’s pump truck was chosen as the most viable alternative.

Amendment 37 Affirmed

Sumner noted that the wording of Amendment 37 in the most recent statewide election contained language that allowed organizations and municipalities to opt out of participation in the alternative energy measure. He stated that IREA, the Intermountain Rural Electric Association, had requested permission from the town to opt out. In an expression of support for what he termed "the will of the people", Sumner offered a motion that Palmer Lake affirm its support of Amendment 37. The motion was seconded by Parker, and was passed unanimously by the council.

Start Lighting Policy Questioned

Resident Jeannie Manzanares read a prepared statement questioning the town’s policy on lighting the star on Sundance Mountain. Citing town Resolution 6-2000, Manzanares contended that the policy is too ambiguous and arbitrary in its application to the deaths of prominent town citizens. Her statements were echoed by several members of the audience.

Cornell noted that resolutions do not have the force of law and that they are simply expressions of the will of the council at the time they are enacted. McDonald stated that the most recent lighting was in honor of Reese’s death and was in line with the resolution’s intent. She did, however, commit that the council would revisit the resolution in an effort to find ways to broaden its applicability and address the concerns expressed by Manzanares. The task of addressing these concerns was assigned to the Community and Economic Development–Buildings committee, led by Coleman.

Pikes Peak Film Series Ignites Objections

Several members of the audience offered strong opinions against the town’s sponsorship of the War And Propaganda In Modern Society film series created by the Pikes Peak Library District. Charles Pocock contended that the series is backed by "extreme left wing protestors," local liberal activists, and organizations with ties to the Communist party. He asked why the town felt it was "their job to support these organizations." He maintained that his statements were supported by research he conducted on the Internet. He suggested that the council demand a return of their sponsorship funds and rescind access to the town hall building.

John Russell agreed with much of what Pocock said, stating that he feels the council is aligning itself with the Gay and Lesbian Fund for Colorado. He also expressed his disappointment that the council voted to require IREA to divert resources based on radical environmentalism. Rogers Davis said that he felt the town’s sponsorship of the film series aligns it with the "Axis of Evil."

McDonald stated that she was not aware that the film series had a position it was espousing. Sumner offered that the films provided opportunities for moderated discussion and dialog after each showing, and was a demonstration of the principle of freedom of speech. Flake, whose Parks and Recreation committee organized the event, said that the town’s sponsorship provided opportunities for intelligent dialog in the community. She emphasized that the film series is not designed to support one perspective over another.

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Monument Board of Trustees, April 4: Town Manager resigns

By Jim Kendrick

At the regular Board of Trustees (BOT) meeting on April 4, Mayor Byron Glenn announced that Town Manager Rick Sonnenburg had resigned that afternoon. New Town Planner Cathy Green, who began work on March 9, will be acting town manager indefinitely. During the preceding special meeting, the board interviewed three candidates for an interim treasurer position that would last 90 days.

It was noted that no replacement for the town manager or town clerk positions would be sought in the near future. The board discussed the candidates for interim treasurer during an executive session at the end of the regular meeting.

On April 7, the town issued a press release announcing that Pamela Smith will begin April 25 as the new interim town treasurer. The press release also announced that Tom Kassawara will fill the newly created position of town engineer.

Interim town treasurer selected after special meeting interviews

The board interviewed three candidates for the 90-day interim treasurer position during a half-hour special meeting. The top-rated candidate from the initial screening, Steve Hilfers, withdrew from consideration, and the fourth-rated candidate was invited to the special meeting to interview in his place.

The candidates were Pamela Smith, Isabella Mathews, and Cody Leach. All three were interviewed separately by the board, and each had experience in accounting, management, and finance. The board moved into executive session at the end of the regular meeting and selected Smith.

Regular Meeting

At the start of the regular meeting, Glenn announced Sonnenburg’s resignation and then noted that Green would assume the additional duties of interim town manager indefinitely. Glenn said she is very capable of taking on this extra workload, having been assistant city manager in Pueblo. He added she had a good personality for additional tasking and there is a need for a new strategic plan for the organization of the town staff.

Glenn announced the hiring of Tom Kassawara to fill the newly created town engineer position and said his planning experience would allow the board to delay a decision on whether to advertise for a new town manager.

Background: Treasurer and Town Clerk Judy Skrzypek resigned after the BOT meeting on March 21. Former Town Planner Mike Davenport, Police Chief Joe Kissell, and Planning Assistant Jennifer Rieger also resigned recently. Town Clerk Anne Holliday resigned in 2003. The vacant planning assistant position has not been filled.

The only remaining full-time staff members in Town Hall are Deputy Clerk/Administrative Assistant Irene Walters, Finance Assistant/Deputy Treasurer Mary Russelavage, and Assistant Planner Natalie Ebaugh.

Sonnenburg will receive a six-month pay and benefits settlement. Skrzypek did not receive a similar settlement, nor did Davenport, Rieger, or Kissell. No public announcement was ever made about Holliday’s pay and benefits settlement, though the town’s insurer, CIRSA, noted in a town meeting a year ago that it paid about $22,000 for a sexual harassment settlement at that time.

Town manager position on hold: Trustee Tommie Plank said the board owed Green a debt of gratitude for her willingness to take over the increased workload as interim town manager. Trustee George Brown suggested the town should advertise for a new town manager now and asked Green if she would want the position. Green said she was so new to the staff that it was too soon for her to decide.

Town Attorney Gary Shupp suggested the board hold off on a decision to advertise and said, "It gives you the opportunity to assess the need for a town manager" and would preclude any unrealistic expectations from those candidates who might submit resumes and not get a prompt decision. He also suggested the board interview all the remaining town hall employees at an "all-staff meeting" on April 6, to determine how the town is working currently, before making decisions on whether to further modify the organizational structure, including a decision on a human resources position. Trustee Dave Mertz said the board could review the staff’s comments from April 6 at the next regular board meeting.

The board unanimously accepted Sonnenburg’s resignation and approved Green’s appointment to be interim Town Manager. The board also unanimously approved a motion to make the "all-staff meeting" a special board meeting as well so any trustee could attend without concern about inadvertently creating a BOT quorum as defined by state sunshine laws.

The board unanimously approved the rest of the agenda. The board unanimously approved the minutes for the March 21 and March 28 BOT meeting minutes, with some typographical corrections.

Economic/Community Development Grant unanimously approved

Art gallery owner and Parks and Landscape Committee Member Linda Pankratz presented the Historic Monument Merchants Association’s request for a town Economic/Community Development Grant of $1,510.15 for 25 lamp banners (48 inches tall) to be mounted on decorative downtown street lamp posts and a single 20-foot-wide banner to span Second Street by Highway 105 on flag poles that will be erected soon near the new town entry sign.

The banners are for the first annual six-month "Art Hop," which will take place from 5 to 8 p.m. on the third Thursday of the month beginning in May. The banners will be produced by Vital Signs and Graphics, Inc.

Pankratz said downtown art galleries and businesses will sponsor various artists–painters, poets, sculptors, jewelry, chefs, gardeners, winemakers, and photographers–and related activities to involve the whole community in addition to summer evening concerts. A total of 19 merchants will be open those evenings.

New Police Department building update

Building parameters defined for preliminary proposals: Police Chief Jake Shirk and Sergeant Rick Tudor provided building cost estimates requested by the board in March. Tudor said he contacted four architectural firms to refine his estimate for a 13,000-square-foot facility, with connected police and courtroom buildings, to be built in several stages over a number of years. The town can currently seek bonds for a maximum of about $2 million.

Tudor noted that the figures he obtained were widely divergent due to the ambiguity of the potential lot location, building configuration, soil situation, and piece-by-piece construction schedule options. The various bids did not include all the same list of costs, making the range and average costs imprecise. Lease-purchase options must also be considered, since actual construction costs, even on a lot already owned by the town would likely exceed the town’s current or near-term future bonding capacity.

For the estimates, Tudor said he assumed the new building would be constructed in stages on the lot donated to the town by the developer of the recently annexed Wahlborg parcel, southeast of Highway 105 and Knollwood. This lot has a 20 percent gradient and would allow a basement walkout entrance as well as an upper story entrance for the two-story police portion. Each level would be about 5,000 square feet.

The upstairs would contain offices, interview rooms, small evidence and records rooms, and a chief’s office. The lower level would eventually be built to contain a larger evidence room, sally ports (secure entrances–with garage doors–where prisoners are loaded/unloaded into/from vehicles), holding cells, an armory, and a larger records storage area. Cost estimates ranged from $1.6 million to $3.2 million. Average cost for the four submissions was about $2.2 million for a 10,000-square-foot building with an unfinished basement. These estimates excluded the costs for finishing the basement and for furnishings and equipment.

The base proposal also calls for a separate single-story 3,000-square-foot courtroom and public meeting facility on a concrete slab. There would be no built-in court facilities and furniture such as benches or a jury box for the monthly sessions, so that the large room could be fully multi-purpose year-round. Initially the basement of the police building would be unfinished and the court building could be built later. No cost estimates were presented for building or furnishing the separate court building.

Other lots are also being considered, but the four estimates were only for the town-owned lot in the Wahlborg/Villages at Woodmoor development.

Shirk said the first upper 5,000 square feet of finished space would be large enough for at least the department’s first seven years of occupancy, and "would be a luxury" compared to the current 1,100-square-foot modular building space. The department will not be charged a traffic impact fee.

As an alternative, bids were also obtained for a single two-story building with 8,000 square feet on each floor. Only 5,000 square feet upstairs would be finished initially. Cost estimates ranged from $2.3 million to $4.2 million. Average rough cost for the four submissions for this alternative was about $2.8 million.

Selection of architectural consultant postponed: Local architect Rick Barnes distributed some preliminary drawings and sketch plans for the facility. Glenn said the board was more interested in options on how to finance the building through bonding, lease, or lease-purchase arrangements than looking at floor plans at this time.

Brown told Barnes the drawings he had provided would be very useful once the town’s ability to pay for the building and perhaps a different lot had been fully analyzed. Barnes said he would need some firm figures on future town revenue before his financing partners would be able to determine available bond amounts and rates or a maximum lease payment amount. He said he could then design a police building to these various costs for a lease or lease-purchase arrangement.

Shupp noted that lease and lease-purchase procedures are markedly different than the normal construction bidding process. After further discussion by the board, no action was taken regarding selection of an architect.

Barnes noted that his financial consultant for leasing had done previous legal work on the current Monument Police Department building. Shirk said he had been in contact with a financial consultant and he had recommended a bank loan if the amount financed did not exceed $1 million. Shirk said the consultant had suggested that use of certificates of participation might be considered as an alternative for a higher cost building.

Glenn said the town’s maximum bonding capability via an election was about 2 mills and that amount, when coupled with about $600,000 available from the water fund, would limit a police building purchase to about $2 million. He did not explain how reserves in the town’s water enterprise fund could be used by the police department. Glenn said the preferred option might be to lease the building until the Town’s bonding capacity and revenues increase enough to finance purchase.

Shupp suggested Wells Fargo Bank had made a proposal for financing Town Hall in the past and might provide additional free advice on the police building. Glenn said he would contact them.

Shirk said it was too early to hire a legal consultant until all the financing alternatives have been evaluated. Orten requested that Shirk find out what information the board would have to provide to an attorney before receiving legal advice.

Ordinance changes approved, zoning regulation change review postponed

Substantial hikes in some planning fees: The board unanimously approved Emergency Ordinance 04-2005 that formally enacted the new planning fee schedule for review and approval as authorized by the board’s March 28 resolution for fee increases. Planning fees for large-scale developments increased substantially, from an average of about $3,000 to about $8,000, to reflect the actual staff workload they require, but the fees for small projects remained essentially unchanged.

Though more than doubled, the fees for large developments are still less than those charged developers elsewhere in El Paso and surrounding counties. The emergency ordinance updates specific cost figures in Chapters 16.08 and 17.08 of the town’s municipal code.

Traffic impact fee exemption codified: The board also unanimously approved an amendment to chapter 3.24 of the town’s municipal code on traffic impact fees. Ordinance 05-2005 formalizes the changes in the board’s March 21 resolution that exempts the first 500 square feet of new construction or an addition to an existing structure.

Zoning/Subdivision Regulation Update adoption deferred for another three months: Green said she hopes to complete the comprehensive update of the town’s zoning and subdivision regulations for review by the board by the end of June.

Since the 2004 town election, the new board has required the town planner to submit complete documentation and justification of every wording and format change recommended by the town’s Planning Commission for the current 250 pages of regulations. The planning staff could not complete this immense documentation requirement and simultaneously keep up with its greatly increased new development and annexation review plus its increased administrative approval workload.

Since this task was announced, Davenport and Rieger have resigned. Green can no longer devote her full attention to planning tasks since she is now also performing the duties of acting town manager. No plans have been announced regarding the hiring of an interim or replacement planning assistant.

The new town engineer may be able to perform some additional planning duties, based on his previous experience. However, the growing workload for reviewing development proposals with a drastically reduced full-time staff may make it difficult for Green to meet her proposed regulation revision schedule regardless of any assistance from Kassawara.

Countywide revision to Humane Society procedures adopted: Leslie Yoder, Director of Operations for the Humane Society of the Pikes Peak Region, requested that the town join the rest of the county in adopting the new 18-page amendment to the county regulation on animal control that was passed by the Board of County Commissioners on Dec. 20, 2004. Town Ordinance 06-2005 was unanimously approved.

Some of the changes are:

Cats must be vaccinated against rabies.

Unspayed female dogs in "heat" must be securely confined.

Dangerous dogs must also have a separate dangerous dog license.

Dangerous dogs can be disposed of by a court if not retrieved within five days after the court notifies the owner.

The term dangerous dog is more specifically defined.

The type of enclosure that dangerous dogs must be contained in, countywide, is specifically defined.

A summons can be issued to owners of noisy, barking dogs who fail to correct the problem within three days after receiving a written warning.

Court action regarding a barking dog now requires a second witness or videotape for corroboration.

While an owner can still transfer an unexpired license from a pet no longer owned to another pet, the license for a specific pet still cannot be transferred from one owner to another.

In response to several questions from Drumm, Yoder said a Humane Society employee is available during the day for noisy dog or dangerous animal complaints. The Humane Society has a pager system for nighttime dangerous dog complaints and other higher-level emergency calls, but does not respond to nighttime barking dog complaints. She said the definition of a noisy, barking dog now includes a minimum time of three consecutive hours of barking.

Shupp confirmed that this definition would apply within Monument. He also noted that judges can exercise some discretion depending on the time of day if there are several witnesses or even a tape recording as collaborating evidence.

2005 fee schedule approved: Brown expressed disagreement with $5 tape duplication fee versus the $0.25 per page copy charge. Plank said the board should vote on the resolution rather than tabling it because they could amend it later with another resolution if there proves to be a problem. The board passed resolution 07-2005 (6-1) with Brown opposed.

Board unanimously approves contract actions

Water control system upgrade complete: A final payment of $20,879.90 will be made to Applied Control Equipment, LLC for automatic Supervisory Control and Data Acquisition (SCADA) Systems Upgrades for more efficient and responsive operation of the town’s water system. Several cost increases and decreases resulted in a single net change order for an increase of $298.10. The final total cost for the SCADA upgrade was $112,376.42.

Violent criminal pact signed: The board approved the Police Department’s request to sign a memorandum of understanding with the Colorado Bureau of Investigation to participate in the statewide Violent Criminal Apprehension Program. CBI has already disseminated the applicable software and has provided training to the town’s staff, all free of charge. Though there is no fee for participation, the department must promptly provide data to the state on town homicides (open and closed cases), missing persons where foul play is suspected, and unidentified dead bodies.

Entry sign contract awarded: Low bidder MW Golden was awarded a contract for $67,290 for construction of a town entry sign on the southwest corner of Second Street and Highway 105. Total contract cost is projected to be $73,216.50 due to electrical charges of $2,440 from Mountain View Electric Association and a 5 percent contingency fee of $3,486.50.

The 2005 budget only appropriates $60,000 for the project: $40,000 from the Planning Department and $20,000 from the Community Development Fund. The board approved Sonnenburg’s suggestion that the other $13,216.50 be allocated from the Parks Capital Outlay budget of $159,000 for 2005. The project includes an illuminated sandstone sign and flagpoles, irrigated planter box and substantial landscaping, and banner poles on both sides of Second Street.

The landscaping portion of this project has not yet been awarded. In October, after several months of consultant delay, the cost for the construction of the landscaping portion (plantings and irrigation system) of the downtown entry sign soared beyond the amount budgeted in 2004 due to the risks of freezing weather.

The three bids submitted ranged from $72,348 to $81,750, while the "warm weather" budgeted amount was only $27,414. Bidders balked at the contract requirement to start construction within five days and complete it within 30 days of contract award–not later than Thanksgiving–without a substantially higher price to offset the substantial risk. At the Nov. 1 meeting, the board unanimously continued the proposal for a re-bid in warmer weather.

Railroad land purchase reduced: The town renegotiated the land purchase with Union Pacific for Limbach Park expansion so that only the offered land and roadway parcels east of the tracks will be purchased for $51,049.60. The portion paid by Great Outdoors Colorado (GOCO) will be about $35,735, and the town’s portion will be $15,315. The total approved GOCO grant for the park was for $148,000, with $93,800 from GOCO and $54,200 from the town.

There are environmental, survey, and title work expenditures that have been or will be paid out of the budgeted $148,000 total. The town will ask for permission to reallocate the rest of the approved GOCO funds to playground and picnic area equipment improvements.

Street sweeper warranties tabled: Due to the absence of Public Works Superintendent Tom Wall, the board took no action on the additional information he provided on extended warranty options from vendor Faris Machinery Company for the new Elgin Whirlwind MV Dual street sweeper. If all three types of warranty options were purchased for the maximum available length of time, they would cost a total of $9,565, in addition to the $150,313 cost of the sweeper. The budget for the sweeper lease/purchase is $160,000, which would cover this total cost of $159,878.

Other planning matters: The board unanimously approved developer Dan Holly’s request for concurrent review of preliminary and final plats for his proposed Beacon Lite office condominium, which would be behind the Air Academy Federal Credit Union.

The board also unanimously approved developer Miles Grant’s request for continuation until April 18 for the final plat hearing for Jackson Creek Market Village, which would be built between Baptist Road and Lyons Tail Road, adjacent to the King Soopers center.

Interim town manager’s report:

Board members were provided copies of the Mountain States Employment Council’s offer to provide consultant human relations services.

Green reported that the Colorado Department of Transportation has started construction of a traffic light on Highway 105 at the entrance to MacDonald’s.

Plank reported that she was assisted by Green and Shirk in stopping a tree-cutting service contracted by Mountain View Electric Association from cutting down all five mature trees between the Chapala Building and the rear of the addition that Tri-Lakes Cares is building on Jefferson. Two trees were saved by Plank’s intervention.

The builder of the addition will move the new driveway that would have required the removal of those two trees. Green said Mountain View told her they have the right to cut down trees in their right-of-way for the overhead lines at the rear to the new Tri-Lakes Care building, but agreed to only trim the remaining two trees for now.

Former trustee Glenda Smith asked Shirk if he could ticket cars parked just north of where the Santa Fe Trail crosses Beacon Lite Road. Shirk said it is county land, which precludes town ticketing, but would direct placement of stickers that encourages parking at trailhead parking lots on the front windshield in the center of the driver’s field of view so they would be hard to ignore.

The board went into executive session at 7:45 p.m. to discuss personnel selection and negotiation issues, then adjourned at 9 p.m. without making any announcements.

***********************

On April 7, the town issued a press release announcing the hiring of two town officials who began work on April 25:

Tom Kassawara will fill the newly created position of town engineer. Kassawara is from Sunrise, Fla., where he served as director of planning and city engineer. He has 30 years of experience in engineering. He will supervise Town Civil Engineer Tony Hurst.

Pamela Smith was named the new interim town treasurer. Pamela has 30 years of experience in finance and management, primarily in the medical field. She will fill the position until the Board of Trustees selects a permanent town treasurer, a process that is expected to take about three months. Finance Assistant and Deputy Treasurer Mary Russelavage performed these duties in the interim. Smith will receive some assistance on an as-needed basis from Skrzypek.

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Monument Board of Trustees, April 18: Jackson Creek Market Village shopping center/townhome development approved

By Jim Kendrick

The Monument Board of Trustees (BOT) unanimously approved the Jackson Creek Market Village project at the April 18 meeting. The development will consist of a shopping center with seven stores on Baptist Road as well as 40 townhomes on the adjacent Lyons Tail Road. Trustee Tommie Plank was absent.

Staff turnover continues

Mayor Byron Glenn’s request to add an agenda item on Town Hall organization was unanimously approved. Glenn announced that former Treasurer and Town Clerk Judy Skrzypek had begun to work as an interim consultant on April 15. The board approved the consultant contract with Skrzypek in a 5-1 vote, with Trustee Frank Orten opposed.

Glenn also noted that two new staff members, interim Town Treasurer Pamela Smith and Town Engineer Tom Kassawara, would start work on April 20. Smith has 30 years’ experience in finance and management. Smith will compete for the permanent treasurer position that will be available in another 90 days. Kassawara has 30 years’ experience as a professional city engineer and director of planning. The town engineer position is new.

Public Works Superintendent Tom Wall announced that he would be retiring. He has put his house on the market and plans to retire about 30 days after closing the sale. Wall’s impending retirement completes the turnover in every town staff supervisory position since Nov. 5. Wall said he will move to northwest Missouri to be near family in that area.

Jackson Creek Market Village

Although it placed an unusually high number of conditions on developer and owner Miles Grant, the BOT gave unanimous approval for his 10.18-acre townhome and shopping center development between Baptist and Lyons Tail Roads, adjacent to the King Soopers center. The rezoning and site plan proposal were first approved by the Planning Commission in January 2004.

However, Grant has requested many continuations since the BOT only approved the zoning change from PRD-10 to commercial for the 5.8-acre shopping center subdivision in April 2004. There were 39 pages of correspondence, an unusually high number—regarding engineering changes and incomplete notation on submitted plans for this development—between Triview Metropolitan District and its engineering consultant Nolte Associates along with replies from Grant’s consultant Paragon Engineering.

The 4.3-acre townhome area will be on the ridge to the north, well above the two adjacent shopping centers. Grant’s new strip center will have five stores, and there will be two other single building pads at the east and west ends of the parking lot next to Baptist Road. While the architecture will be slightly upgraded for the new center, it will be very similar to the adjacent King Soopers center in layout and appearance.

Grant’s presentation to the BOT was similar to the one given to the Planning Commission in March. Grant noted that the county’s Major Thoroughfares Task Force had recently determined there would be no traffic light at the new Jackson Creek Crossing intersection with Baptist Road, unless the town annexes the road and takes over the cost of its maintenance. Eastbound and westbound dedicated left-turn lanes will be added at the current right-in/right-out access to the King Soopers center, when Baptist is regraded and widened.

No one spoke for or against the development during the public hearing.

Some of the numerous conditions of approval were:

Provision of enough additional right-of-way to provide for two westbound through lanes and a deceleration lane, in addition to the new dedicated left-turn lane, if needed.

Signed documentation of an agreement for cross-access easement to Jackson Creek Parkway from Regency Corp., owner of the adjacent King Soopers center.

Letter of credit for a future traffic light at Baptist and Jackson Creek Crossing, with a time limit of nine years, when the town takes ownership of Baptist Road.

Compliance with all the changes requested and corrections noted by Nolte Associates and Triview’s drainage consultant Ayers Associates.

Posting of No Parking signs on the town road serving the townhomes.

A change in the townhome 40-foot right-of-way for the road (Lyons Tail Circle) from a 30-foot roadway with two 3-foot sidewalks to a 28-foot roadway with two 5-foot sidewalks, and a no-parking restriction as previously required by the Planning Commission in January 2004.

A clear specification of compliance with the open space dedication (or cash-in-lieu) requirement of the town ordinances for residential and commercial.

A written requirement to make the architectural features for the commercial development match those for the King Soopers center, as presented in draft elevations.

Preservation to the maximum extent practical of natural vegetation, particularly scrub oak on the entire parcel.

Addition of a note to use drought-tolerant landscaping vegetation, including drought-resistant grass in the sod and recreation areas of the townhomes.

Provision of an easement for a new 25-foot regional trail that will run in front of both shopping centers.

Administrative review of the two separate single store pads only if they comply completely with the same architectural standards for the strip center and there is no change in their size or configuration.

The board unanimously approved Grant’s request for administrative review of the two single stores and Ordinance 07-2005, which approved the preliminary plat, final plat, and final PD site plan for all aspects of the development, with the conditions listed above.

Amendment to business license ordinance

The board unanimously approved a change that would allow all business licenses to be renewed on the 12-month anniversary of the date of original issue, rather than all licenses having a renewal date of Jan. 1. Additionally, licenses issued anytime in 2005 before this ordinance goes into effect will retroactively expire in 12 months rather than on Dec. 31 as they currently state. There are about 300 business licenses, and having them all due for renewal at the same time creates unnecessary burdens on the staff.

Sidewalk grant request resubmitted

The board unanimously approved Resolution 08-2005 for the re-submission of an enhancement grant application to the Colorado Department of Transportation (CDOT) for the Downtown Pedestrian Improvements Project. The grant for $699,779 would provide for sidewalks on downtown Second and Third Streets. CDOT would provide $559,821 and the town $139,955 if the request is approved this time. The two-year grant would require $70,000 from the town in 2005 and $69,955 in 2006.

New street sweeper warranties extended

The board unanimously approved three factory warranty extension contracts for different components of the town’s new vacuum-equipped street sweeper. The sweeper will cost $150,313 and the three-warranty extensions $9,655, for a total of $159,878.

The board also unanimously approved:

A payment of $5,293.47 to the town’s engineering consultant GMS, Inc. for monthly engineering service fees.

A payment of $7,915.70 to All Service Contracting Corporation for the town’s Water Master Plan

A proclamation for Arbor Day on May 7, which will enhance the town’s chances for again being nominated a Tree City, USA recipient for the 23rd consecutive year. Six trees will be planted in Limbach Park that day.

Liquor license renewals for the Conoco service station, Columbine Gardens Restaurant, and Eagle Wine and Spirits.

A 60-day temporary retail liquor store permit for the Cork ‘n’ Bottle until its new owner, Susan Christakos of It’s Monumental, Inc., can receive state approval of her application for transfer of the store’s permanent liquor license.

Staff Reports

Police Department: Chief Jake Shirk reported that 14 applicants took the new police officer written test on March 12, with eight passing. Shirk interviewed the top four candidates on April 12. He noted the top candidate will receive a "conditional job offer," requiring a background check, drug screening test, psychological exam, and a medical screening.

Shirk also noted that he is completing his policy review and changed some policies on "Use of Force," "Officer Involved Shooting," and "Vehicle Pursuits." He said the department will initiate random drug testing for police officers. New security protections for the department’s computer systems are being installed by the town’s new computer consultant.

There were 61 new cases and 20 summons issued in March.

Public Works: The bid package for the additional water treatment facilities required for raw water from well 9 has been published. The design for the new Monument Creek weir/flume that will measure creek flows downstream of the Monument Lake dam has been completed by GMS. The department’s overtime budget for 2005 has already been exhausted due to snow removal.

The town’s water operators have had to spend an unusual amount of time watching Richmond Homes’ new Trails End development to correct numerous errors in their water distribution systems. [Note: This has been true for Monument Sanitation District as well.] A change in policy now has town staff performing these inspections instead of GMS personnel.

Planning Department: The El Paso County Department of Transportation (EPCDOT) has acknowledged the town’s request for a flashing warning signal light for the Santa Fe Trail crossing on Baptist Road. Director Rick McCarty said if the initial county review shows a need, EPCDOT will initiate a warrant study for the requested signal.

Town staff are currently reviewing plans for the Monument Marketplace Wal-Mart, Filings 2-4 for the Village at Woodmoor (Wahlborg parcel), and preliminary plans and plat for the Timbers on Jackson Creek Parkway just south of Home Depot—as well as eight new business license applications.

Town Planner and acting Town Manager Cathy Green said that Parks and Landscape Committee member Monika Marky had resigned in frustration over the failure of the town to complete any substantial improvements. Green said that the committee will change its focus to rewriting the current landscaping ordinances to provide more detail and direction to applicants, since they have no budget of their own to effect improvements.

Glenn noted that if the state initiative to withhold refunds of excess tax revenues for five years passes in November, widening of I-25 from downtown to the weigh station on Monument Hill may be accelerated. This would also speed up improvements to the Baptist Road interchange.

Jackson Creek residents Matt and Renee Langer asked the town for assistance in resolving drainage issues from an uphill neighboring property that is under construction. Glenn said he would visit their home the next morning and consult with Rick Blevins, construction manager for Vision Development, to achieve a resolution in compliance with town codes.

The meeting adjourned at 8:10 p.m.

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Monument Board of Trustees Meeting, May 2: Board wrestles with funding options for police building

By Jim Kendrick

On May 2, Police Chief Jake Shirk gave a status report to the Monument Board of Trustees (BOT) on lease and purchase options for a new police station. Former treasurer Judy Skrzypek, who is now a consultant for the transition of interim Treasurer Pamela Smith, discussed financing options and constraints that may apply to developing a November ballot question to provide funding for a new police facility.

Mayor Byron Glenn announced interim changes in organization of the town staff for the next six months. There was a reception for Smith and new Town Engineer Tom Kassawara before the meeting began. All board and town staff members were present.

Monument YMCA plans moving forward

Merv Bennett, president and CEO of the Pikes Peak Regional YMCA, discussed plans for the new Tri-Lakes facility, to be constructed between Jackson Creek Parkway and I-25 on Jackson Creek Parkway, next to the Lewis-Palmer High School athletic fields and football stadium. The initial building will be about 45,000 square feet on 12 acres donated by Jackson Creek Land Company, in Woodmoor Placer Tract A.

This first phase will cost about $9 million and will include a turf field, child care center, multi-purpose group exercise rooms, pool, gymnasium, "wellness center" (weight room), and locker facilities. Construction will take about 12 months, with expected completion in late 2007. Fund raising will begin in June.

The second and third planned phases will be completed when demand and additional fund raising permit. Bennett said that the YMCA wants to be a good neighbor and is coordinating with the high school and Woodmoor Improvement Association as well as Town Hall to be sure they serve community needs.

Trustee Frank Orten asked if there would be an ice rink. Bennett drew much laughter when he said that the third phase of construction could include a rink if a donor could be found and asked Orten if he had $2 million to fund it. He added that market studies show that a rink is a lower priority for local residents than the turf field and other facilities to be included in the first and second phases of construction.

New police station and courthouse plans may be confounded

Overview of Shirk’s options: Chief Shirk began his presentation on proposals from the Police Building Subcommittee by listing their reasons for building a new department facility:

An appropriate professional public image, which is not provided by the current double-wide trailer.

A 25-square-foot restroom currently serves as the evidence room and lacks the physical security needed to protect the chain of custody so vital to successful prosecutions.

Safety and liability would be severely compromised by a violent prisoner, as demonstrated by several recent prisoner scuffles in nonsecure office space that is not designed for interviews. These incidents resulted in building damage and were in close proximity to weapons storage.

One desk shared by 10 officers is an untenable situation for any professional environment.

The subcommittee has narrowed down the number of potential site locations. The south end of Limbach Park, recently purchased from the railroad, is too small. There are no suitable sites available for lease in Jackson Creek. The proposed site behind the Safeway center has been taken off the market. Shirk said two property options remain.

Location option 1: The developers of the Wahlborg addition donated a 2.9-acre lot on the northeast corner of the 140-acre development, across from the LDS chapel on Highway 105. While the town already owns this lot and it has easy access to the highway, it is a fairly remote location on the farthest northeast corner of the town. Also, the Wahlborg developer will not have installed utilities in that far corner when construction on the police station would likely begin. The town has no cash reserves to pay these up-front utility costs, even though they would eventually be reimbursed for them when construction of other buildings begins within that filing.

The tentative building cost estimates submitted by several contractors were $2.4 million to $4.4 million just for the building. There would also be financing costs.

Location option 2: Tecton Corporation has offered a lease-purchase of its 3.5-acre parcel on the east side of Adams Street, between First Street and Lincoln Avenue, next to Grace Best Elementary School. This parcel is currently platted as a single historic 16-lot city block in the downtown area.

Tecton’s proposal to build a new "comprehensive government services project" includes a police building coupled to an adjacent courthouse/community center building in the southeast corner. Tecton would also build a professional office building on the northeast corner of the parcel. The town could take over this building as a new Town Hall sometime in the future when new sales tax revenue from all the planned commercial growth is sufficient. There is also sufficient space between the two connected "justice center" buildings and the school for future construction of a public works office building.

Shirk said the Adams Street location is more desirable for a completely new municipal complex because of its closer identity with the center of historic downtown, availability of utilities, and the cost of financing. Additionally, construction for the police and community center buildings are lower ($2.4 million including financing). On the other hand, it is further from Jackson Creek, which will become the population center of Monument, he added.

Four financing options:

The town’s voters could approve a mill levy increase from 6.408 mills to 6.935 mills, the current TABOR maximum, which would produce about $28,000 of initial additional revenue and total about $900,000 over 30 years. Based on the 3 percent maximum bonding capability of the town’s current assessed value of about $54,771,670, the town can only finance $1,643,150 of general obligation bond debt. All water debt can be excluded from consideration of the debt ceiling, and the town has no other bond debt. This is the least expensive option.

The voters could approve sales tax revenue bonds by dedicating a percentage of the revenue from another new sales tax to repay them.

Certificates of Participation (COPs) do not require voter approval; they finance lease-purchase agreements that must be renewed annually under TABOR restrictions.

The proposed Tecton 20-year lease-purchase agreement would cost about $10,000 per month initially, for a total cost of $2.4 million. The lease would include inflation and automatic annual renewal clauses plus all financing charges.

Shirk recommended hiring municipal financing consultant Jim Manire on an hourly basis to advise the town on Skrzypek’s four options.

Water fund revenue constraints

Water tax creation: Town Ordinance 23-89 states that in a special election on Nov. 7, 1989, "the electorate of Monument approved a one percent increase in the town’s sales tax at Special Election." The BOT then unanimously passed the enacting ordinance, titled "An emergency ordinance adopting an additional one percent sales tax" on Nov. 15. The ordinance states the "sales tax is for the purpose of assisting in the payment of water system improvements." The ordinance also states "that an emergency exists to promote the public peace, health, safety and welfare."

Only one-third of this 15-year-old emergency sales tax actually goes to the water fund, but that one-third cannot be used for any other purposes. The other two-thirds of this tax go to the general fund. Skrzypek noted, however, that all remaining town debt is exclusively water system improvement debt, except for a few small vehicle and equipment leases. Water debt is paid from the general fund and the water fund now.

Enterprise fund creation: On July 17, 2000, the BOT unanimously passed Resolution 30-2000 making the water fund an enterprise fund. Skrzypek said that generally accepted accounting practices require the town’s water system to be independently "operated in a manner similar to private business enterprises" primarily "through user charges." This designation exempts the water fund from some TABOR restrictions. However, TABOR also limits the amount of grant revenue the water enterprise fund can expend, up to 10 percent of the town’s dedicated enterprise fund user fee revenue. She added, "Legal interpretations have concluded that sales tax revenue is grant revenue" and equally limited by TABOR, as confirmed by Clay Brown of the state Department of Local Affairs and bond counsel firm Kutach Rock, the town’s legal counsel.

About the same time, the town also created its Debt Service Fund, which is used to pay any kind of general long-term debt principal, interest, and related costs. Water fund money can be reallocated to this separate debt service fund, as long as it is only used to pay for water system debt, under TABOR.

Over the past five years, the one-third of the 1989 emergency sales tax revenue that is allocated to pay for the continuing water system emergency has exceeded this 10 percent TABOR limit on enterprise fund revenue. The excess emergency water sales tax revenue can neither be used to pay for water system debt, as originally intended 15 years ago, nor transferred to the general fund for other uses, such as the police building.

The accumulated excess emergency water tax revenue was $424,217 at the end of 2004. This excess $424,217 is currently listed in the 2005 budget as untouchable money reserved for water system improvements in the general fund for accounting purposes.

Total revenues from water sales, tap fees, late payment penalties, and enterprise fund investment income for 2005 are budgeted to be $1,011,400. The allowable 10 percent of the emergency sales tax revenues would increase the total water department budget to about $1.1 million for 2005. However, the town’s policy has been to conservatively budget for only 9 percent of projected user fee revenue to ensure that supplementary emergency tax revenue will never exceed the 10 percent maximum if water sales or tap fees were to decline unexpectedly.

The 2005 budget therefore allocates only $91,026 (9 percent) instead of the theoretically permitted $101,140 (10 percent). There is resistance to raising water rates or tap fees to be able to use more of the excess emergency sales tax revenue. The problem will be worse at buildout when there are no tap fees, lowering overall user fee revenue and the amount of usable sales tax revenue.

et town revenue is $1,804,567, after giving Triview Metropolitan District its $400,000 share of the total revenue of $2,204,567. The general fund budget for the town is $1,201,842. Skrzypek said that $253,298 of water fund money is currently budgeted to pay water system debt through the general fund debt option in 2005, in addition to the $91,026 of supplementary debt payments from emergency sales tax noted above. This leaves an unusable $258,402 from the total available revenue of $1,804,567 in 2005; all this unusable revenue comes from the "excess" emergency sales tax revenue.

The accumulated unusable balance in the water enterprise fund is projected to be $682,619 by the end of this year; Skrzypek projected that the unusable excess accumulated emergency sales tax revenue will total over $2.2 million at the end of 2009.

The board agreed that Skrzypek should seek alternative legal counsel on how to find a creative way to use the excess sales tax. This money cannot currently be used to directly buy surface water rights or pay for the police building. Nor can any portion of it be moved into the debt service fund without incurring more bond debt for water system improvements or raising water rates or tap fees.

Town Attorney Gary Shupp agreed and added that an expert bond counsel could provide advice in guessing what might be a legal way of creatively using sales tax revenue that would also meet accounting standards. "They’ve been pretty good at doing that," he said.

Shirk then asked the board for guidance on how to proceed on the subcommittee’s recommendations. Brown said that $5,000 was not enough for an initial design, but one architect was willing to accept only $5,000 if he was assured of getting the contract later. Glenn said the town should get three bids to qualify the architects’ knowledge of the unique requirements for a police building. Shirk said he had enough proposals already without a formal bid. The board unanimously approved Shirk’s pursuit of a preliminary design by an architect.

Former Trustee Glenda Smith commented on the use of water user fee revenue for some portion of most employee salaries and on charging a 10 percent excise "tax" on the town’s water fund in the same manner as the town charges Mountain View Electric, Qwest, Aquila, and Adelphia. She also expressed her concerns about ensuring there is enough money left in the water fund’s cash reserves for a second water storage tank and future repairs and replacement of expensive water distribution system equipment. Skrzypek said there would be about $950,000 remaining in the water fund cash reserve at the end of 2005 for water system repair and replacement needs.

Town organization update

Glenn announced that Green will be changed from interim to acting town manager and "long-range planner," while Kassawara will take over short-term development planning services for subdivision and use review. Staff Engineer Tony Hurst will move from Public Works to Town Hall to join Assistant Planner Natalie Ebaugh in reviewing developer’s proposals. Retiring Public Works Superintendent Tom Wall will work with Kassawara to hire a replacement superintendent. Green said the planning staff will emphasize strong plan review and grant writing in the next six months.

There are no current plans to re-create the long-vacant town clerk position or create a specific human relations (HR) position. The latter duties will fall to Smith for 90 days based on her prior HR supervisory experience.

Financial matters

The board unanimously approved Resolution 09-2005 that encompassed:

Accelerating the first six payments on the new police car’s five-year $15,377 lease (3.99 percent) to pay it off within three years.

Three extended factory warranties for all the various components of the town’s new street sweeper.

The lease for the new tractor and its new 17-foot mowing attachment.

The initial payment of $23,211 to M.W. Golden Constructors for the new $67,290 Downtown Monument entry sign at Second Street and Highway 105.

Payment of Triview’s revenue monthly revenue share of $5,819.

Payment of $5,000 to the town’s information security consultant, Trusted Consulting Group, Inc.

Other matters

Trustee Tommie Plank reported that District 38 projects the need to build a new high school, a new middle school, and up to six new elementary schools in the next 30 years when the district will reach buildout.

Shupp reported that Transit Mix has agreed to extending a stay that was to expire on May 1 until Aug. 1 and will claim no additional potential damages (related to the concrete batch plant lawsuits) due to the further delay.

Glenn reported he would again be asking the Colorado Springs City Council for permission to fill Monument Lake, and the town is continuing to pursue storage rights in water court.

Wall reported that installation of the town’s temporary weir/flume to measure Monument Creek flows downstream of the new Monument Lake dam as requested by Colorado Springs Utility has not been completed. He also noted that if the city continues releasing water to flow downstream, no measurements are required.

Green reported there will be a ribbon-cutting ceremony for the new downtown entry sign at 9 a.m. on May 31.

The meeting adjourned at 7:40 p.m. The next meeting will be held May 16 at 6:30 p.m.

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Monument Planning Commission, April 13: Green holds get-acquainted workshop

By Jim Kendrick

New Town Planner and acting Town Manager Cathy Green took advantage of a momentary lull in development proposals to hold a work session with the members of the Planning Commission. No official town business was conducted at this open informal "get to know each other" workshop.

Planning Commission Chair Ed Delaney arrived a few minutes late, due to traffic, and Commissioner Tim Davis was absent again. Davis, a former alternate commissioner appointed last August, has never attended a commission meeting since his election by secret ballot by the Monument Board of Trustees (BOT) during its meeting on Jan. 18.

In addition to Green leading introductions that included describing their professional backgrounds and personal experiences as commissioners, they exchanged ideas on goals, policy, and the current development proposal review process, over a green chili dinner that Green had prepared. Green also passed out copies of a pamphlet on how to be a knowledgeable and effective planning commissioner and noted other training materials and workshops that are available to the commissioners.

She concluded by reviewing the current status of the town staff in light of the recent resignations. She noted that the subdivision and zoning regulation review is still under way and gave an overview of upcoming project proposals that the commission will review.

The meeting adjourned at 7:45 p.m. The next meeting will be held at 6:30 p.m. on May 11 at Town Hall, 166 Second St. Meetings are normally held on the second Wednesday of the month.

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Monument Parks and Landscape Committee, April 12: Committee redefines its role

By Sue Wielgopolan

During an informal work session April 12, members of the Parks and Landscape (P&L) Committee discussed the committee’s future. The group had planned to meet at 5:30 p.m. to walk through several Monument parks, but heavy snow accumulation made the outing impractical. Instead, they used the additional hour as an opportunity to get acquainted with Cathy Green, the new town planner and acting town manager, and to voice their concerns.

Earlier in the day, Monika Marky, committee member and small business owner, submitted her resignation to Green. Marky cited the town’s inability to complete projects as her main reason.

Marky’s resignation was preceded by the recent resignations of several officials, including former town planner and assistant manager Mike Davenport in December, and former town manager Rick Sonnenburg in April. Green, who was hired in March to fill Davenport’s position, has assumed the overall leadership role with the departure of Sonnenburg, even though she had barely begun to acquaint herself with her new position of town planner.

Other P&L members expressed frustration as well. Toni Martin, who has served on town committees for 24 years, indicated she too is considering resigning. Some agreed that without follow-through on any of their beautification projects, the meetings had become "a waste of time."

Committee to revise landscaping standards