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A Grand Yule Log Celebration

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Below: The hunt for the Yule Log. Photo by Dee Kirby

Below: Becky Shellenberger (L) and Heather Krueger (R) were the winners. Photo by Sue Wielgopolan

Below: Town Hall decorations included Santa, sleigh, and reindeer. Photo by Jim Kendrick

Below: Pipers Isaac Watkins (L) and his teacher Sam Swancutt (R). Photo by Dee Kirby.

A warm sun shone on the annual Palmer Lake Yule Log fête, with over 100 in attendance. Attired in red or green capes, people mingled on the grounds at the Town Hall to listen to Sam Swancutt and his 12-year-old student, Isaac Watkins, play the bagpipes. The call to the hunt was sounded by trumpet player Aaron Turner. While hunters took to the trail, many folks remained in the Town Hall for singing, story telling, and a slide show.

The lucky finders of the Yule Log were Heather Krueger and Becky Schellenberger. Lifelong friends since age 5, this marked their 20th year of searching together for the log. Krueger’s mother said one year during a search, Heather sat on the log to rest but didn’t know it was the one. That disappointment was forgotten when the two women raised their cups of wassail to toast the ancient Yule celebration.

Below: Perry Thomas describes the sketch plan during BOT hearing Dec. 5 on Monument Ridge project. Photo by Jim Kendrick

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On Dec. 5, the Monument Board of Trustees (BOT) approved the annexation of the undeveloped 30-acre Barber-Miller-Schmidt lot—now called Monument Ridge—directly across from King Soopers on Baptist Road. The board also approved several ordinances regarding close-out of the 2005 budget, the property tax mill levy for 2006, the 2006 budget, and the 2006 appropriations. Trustee Dave Mertz was absent.

Trustee Tim Miller noted that several attendees of the Town Hall meeting on Nov. 29 had asked that the hearings for the Promontory Pointe annexation and PD Sketch Plan be delayed for at least a month or two. He asked if the BOT could have a discussion at this meeting on how to accommodate these citizens. Town Attorney Gary Shupp said there should be no such discussion because the hearing had already been noticed and must be held on Jan. 3 as posted. Town Manager Cathy Green added the Jan. 3 hearing date had already been advertised four times.

Trustee Frank Orten noted that the board had only 60 days, per state statutes, to complete the annexation hearing process after passing a resolution on Nov. 21 stating that the landowner’s annexation request met state statute requirements. The Jan. 3 hearing date allows for a possible continuation until the Jan. 17 BOT meeting if there is a need to gather additional information or answer unexpected questions, yet still meet the 60-day decision requirement.

Miller reiterated the citizens’ desire to slow down the approval. Trustee Tommie Plank replied that those requesting the delays were opposed to the proposed development and could state their reasons to the board on Jan. 3. Trustee Gail Drumm, Mayor Byron Glenn, and Shupp each said, as Miller again pressed his point, that if there was a problem the board could continue the hearing until Jan. 17.

Monument developer Jamie Hull of Tecton Corporation asked the BOT if his company could use a lot in the Wahlborg addition for construction of a privately owned senior housing facility. The lot had been dedicated to the town by the developer at the time of annexation. Hull also renewed his previous proposal to build a complementary senior housing facility on a downtown lot that Tecton already owns.

The town’s lot is on the south side of Highway 105 in the northeast corner of the Wahlborg parcel. Tecton’s lot is on the west side of Beacon Lite by Grace Best Elementary School. Until recently, the BOT was considering building a new Police Department and courtroom building on one of these two lots.

Hull noted that he had previously proposed building a senior facility on the Tecton parcel. He encountered resistance at the Monument Planning Commission meeting on Jan. 12, 2005, due to the high number of water taps required for the 44 residential units. This parcel is an undeveloped downtown city block platted for 16 narrow residential lots. Only 16 single-family water taps are currently available from the town’s water department.

The consensus of the commissioners at that meeting a year ago—well before the new police building was proposed—was that Tecton’s parcel was better suited to commercial development due to the limited amount of usable groundwater on the parcel and the very small number of remaining available town water taps, due to Water Department production and storage limitations.

Later in 2005, Hull proposed that the new town Police Department building, as well as future public works and town staff office buildings, could be built on Tecton’s Beacon Lot parcel. However, the design and construction costs, roughly $4 million, for a lease-purchase of a new police and courtroom building at any town location were found to greatly exceed the town’s bonding capacity.

Recently, the staff has conducted negotiations with owners of four town properties that could possibly be remodeled to become a police department and courtroom facility at less cost. A ballot issue passed in November that will allow the town to reallocate up to $2.5 million in water sales tax revenue to pay for the renovation of one of these properties. The two lots Hull would like to develop for senior housing are no longer being considered as sites for a new police and courtroom building.

In November, the town’s auditor issued a revised opinion on TABOR constraints that will allow the town to use water sales tax funds previously thought to be restricted, and the board has approved construction of new water production, treatment, and storage facilities.

Hull said he could offer reduced rental rates to senior clients based on reduced land costs for the town’s Wahlborg lot, if an arrangement could be made with the board to acquire the lot at less than market value. The town has no senior housing, and elderly residents often have to move out of Monument, away from family and friends, when they need mobility assistance or regular medical care. Costs are high for senior housing facilities in Colorado Springs and Castle Rock, and those have waiting lists.

Consultant Tim Irish of Design Properties gave a presentation on a range of service options that he and Hull could offer, with two different types of private senior living facilities on the town’s Wahlborg lot and Tecton’s city block parcel. Services could range from intense medical assistance around the clock to complete independence – newly retired seniors "out playing golf every day." He showed pictures and building plans for several projects he has developed, marketed, and managed throughout the Midwest.

Irish said he was seeking guidance on what the board would want to see in the projects if trustees chose to participate through reducing the purchase cost of the Wahlborg lot to enable lower operating costs. Some or all the unit rental rates could be reduced by an amount proportional to reduced total loan costs for construction. Irish said the two projects would create about 25 new jobs, with 45 to 70 resident units in each building that could house up to 200 seniors. Irish said his buildings are typically two stories, but can be three stories with a walkout level.

Shupp said the town would have to require an enforceable long-term contract with Tecton and Design Properties that would guarantee a commitment to discounted rates.

Miller suggested that Irish make a presentation at the next Town Hall meeting in the spring. However, Glenn scheduled a public hearing for Dec. 19. Miller asked Irish to provide the town with a list of references.

Plank asked for more data on actual water use and vehicle trip rates by residents at Irish’s other properties. Irish said that these two rates are less than most people expect them to be, but acknowledged that Tecton would have to buy additional water rights for each high-density building.

Vince Hamm, a resident of the town for two and a half years, was unanimously appointed to fill one of the commission vacancies. Hamm served in his first meeting on Dec. 14. Appointments are renewed annually. The board also extended Alternate Planning Commissioner Lowell Morgan’s appointment indefinitely.

An ordinance for the town’s 2006 budget was unanimously approved after a public hearing with no citizen comment. A companion ordinance authorizing all the appropriations required to execute the seven funds comprising this budget was also unanimously approved after a public hearing with no citizen comment.

Also approved without citizen comment was a companion resolution authorizing the 2006 property tax mill levy of 5.872 mills on an assessed town valuation of $71,907,940, which will raise $422,261.

Total general revenue for 2006 is $3,357,000, while total expenditures are $3,370,665. The end-of-year general fund balance, after required unspent reserves have been deducted, will drop from $151,284 in 2005 to $96,404 in 2006. The end-of-year water fund balance will drop from $2,730,765 in 2005 to $1,522,524 in 2006.

The total appropriations and expenditures for the other five funds are both $565,745. The appropriations and expenditures in each of these five funds are exactly equal, with zero balances at the end of the year.

The board unanimously approved an ordinance approving the Preliminary/Final PD Site Plan for the Beacon Lite Office Condominiums. The 12-unit facility will be located on the north side of Beacon Lite, between the Air Academy Credit Union at Third Street and Monument View Apartments.

Planning Services Director Tom Kassawara noted that issues raised by the fire marshall and Monument Sanitation District (MSD) had been resolved. A secondary emergency access was added on the southeast corner of the property. The fencing material around the trash dumpster location on the south edge of the parking lot, within an MSD sewer easement, was changed from concrete block and stucco to cedar. The town required the developer to add dense landscaping on all three sides to better screen the new cedar dumpster fencing as a condition of approval.

The developer also agreed to use split rail fences around the perimeter of the property to maintain the current open look next to the credit union and town post office building as a condition of approval during the hearing. The proposed privacy fence next to Monument View Apartments was not changed.

The board unanimously passed an ordinance approving the annexation, annexation agreement, and rezoning for the Monument Ridge development on the south side of Baptist Road, directly across from the King Soopers center. There was no public comment on the annexation or rezoning. The Planning Commission had also unanimously recommended these approvals on Sept. 28.

The annexation and rezoning requests comply with the Monument and El Paso County 2000 Tri-Lakes Comprehensive Plans. The zoning of the 30-acre parcel was changed from El Paso County R-4 (an obsolete type of mixed use Planned Development zoning) to Monument ‘s PD (Planned Development), which is also mixed use zoning.

The commercial portion of the parcel is 16.73 acres, and the residential area is 9.48 acres. The commercial buildings are aligned with the frontages on Baptist Road and New Struthers Road. The townhome area is in the southeast corner of the property. The residential area will be townhomes or patio homes. The other acreage will be donated as right-of-way for improvements on Baptist Road and construction of New Struthers Road.

Green’s staff report said the town "will take on very little negative costs since the development is being included in and served by the Triview Metropolitan District." However, the roads in the residential area will be private roads that can only be accessed by driving through the commercial area. None of the roads in Monument Ridge will be maintained or serviced by Triview or the town’s Public Works Department.

In the past, the homeowners associations of both Monument townhome developments that have private roads have petitioned the BOT to have Public Works take over their roads when they began to require maintenance. In each case, the BOT rejected these requests because the private roads are substandard in configuration (width and setbacks) and construction. The Monument Ridge Sketch Plan does not specify the sizes and types of roads within the development or whether they will comply with town or Triview standards.

Conditions: Green’s report recommended that four conditions be added to the annexation ordinance:

1. AP Baptist Road, LLC must donate right-of-way and provide temporary construction access to the Baptist Road Rural Transportation Authority (BRRTA) during county construction of Baptist Road improvements.

2. The Monument Ridge property must remain a part of BRRTA and comply with BRRTA regulations as long as the Authority exists.

3. AP Baptist Road, LLC must escrow funds to the town at the time of subdivision of the property to finance a proportional share of a full-motion traffic light on Baptist Road at Jackson Creek Crossing, based on the trip generation within the development.

4. A signed inclusion agreement between AP Baptist Road, LLC and Triview Metropolitan District must be made an exhibit to the annexation agreement. 
   
   Glenn added a fifth condition to the annexation ordinance:
   

5. AP Baptist Road, LLC must donate right-of-way and temporary construction access to Pikes Peak Rural Transportation Authority (PRRTA) during county construction of New Struthers Road. New Struthers Road, a county road, will be aligned with and connected to the south end of Jackson Creek Parkway (a Triview road) at the existing Baptist Road traffic light.

Glenn asked for a separate sixth condition that required participation in the Public Improvement Fees (PIF) for alternative financing of the state’s Exit 158 interchange improvements. Green said the second condition includes mandatory participation by Monument Ridge commercial businesses in all BRRTA fees related to Baptist Road improvements, including the PIF of about one-half percent. Also BRRTA will be administering the PIF rather than the town, which would complicate the wording of a separate condition.

Condition 3 controversy: Green also said that the town would support the developer’s attempts to have the county reverse its position against a traffic light and full-motion intersection on Baptist Road at Jackson Creek Crossing. Currently, there will be no traffic light at this intersection when the county widens Baptist to five lanes, using BRRTA and PRRTA funding. Left turns will only be allowed from Baptist Road onto Jackson Creek Crossing. Only right turns will be allowed from Jackson Creek Crossing onto Baptist Road, forcing motorists exiting the development at this intersection to go eastbound. Left turns will be prevented by a new median extending along Baptist from Jackson Creek Parkway to Desiree Drive.

The El Paso County Board of County Commissioners, the county’s Department of Transportation, and the county’s Major Thoroughfares Task Force all oppose the traffic light and full-motion intersection at Jackson Creek Crossing because the minimum spacing between traffic lights on major arterials in the county’s Major Transportation Corridors Plan is a half mile. Jackson Creek Crossing is roughly 900 feet east of the traffic light on Baptist Road at Jackson Creek Parkway–much less than a half mile.

Glenn voted against the traffic light and full-motion intersection at a special BRRTA meeting on Feb. 2, 2005, along with County Commissioners Wayne Williams and Dennis Hisey. Immediately after casting his "no" vote, however, Glenn said that Monument would attempt to annex Baptist Road after all of BRRTA’s and PRRTA’s improvements are completed between Leather Chaps Drive and Jackson Creek Parkway. Glenn told BRRTA that Monument would install a full-motion intersection and traffic light there after the annexation. Glenn has advocated this plan at a variety of town and county public and private meetings since voting against the light in February.

Land Planner Perry Thomas, of Thomas and Thomas, gave the developer’s presentation. In response to numerous questions, he made the following main points:

Before the unanimous vote of approval on the annexation, annexation agreement, and rezoning ordinance, Shupp added a condition that approval was subject to confirmation that all advertising and posting of the hearings mentioned rezoning. Green said that Drumm’s request for a condition restricting condominiums in the residential area should be deferred to the planning phase for the plat and site plan rather than made part of the annexation ordinance.

Sketch plan unanimously approved: Green’s staff report noted that the town’s traffic consultant SEH Traffic Engineers "had expressed concern over the location of the full movement turn on Baptist Road" at Jackson Creek Crossing. The report also noted that Triview "has issues with water, which is deficient on this site, as well as questions about topography and site layout." However, Triview has included this property because of its sales tax revenue potential. Triview’s consultant, Ayres Engineering, said there were no drainage issues. The county does not oppose the sketch plan.

The Planning Commission recommended approval of the sketch plan on Sept. 28, with a 3-1 vote. Commissioner Morgan said he favored the sketch plan in principle, but voted no due to the additional traffic generated by the plan’s density, worsening congestion problems at the Baptist Road I-25 interchange.

Glenn and Drumm expressed disapproval of having a gas station next to the church. Thomas said their suggestion of moving the gas station to the corner of the lot by the intersection of Jackson Creek Parkway and Baptist Road would not work because of the difficulty accessing it. Thomas said the two hotel buildings along New Struthers Road will have 70 rooms each and will be no taller than 35 feet.

There were no citizen comments for or against the proposal during the open portion of the public hearing.

Shupp added a condition regarding compliance with posting and advertising requirements before the board unanimously approved the sketch plan.

The board unanimously approved a resolution to increase the number of hours of compensatory time that can be carried over from the current year to the next calendar year from 40 to 80.

The board unanimously approved a resolution to accept a state of Colorado Law Enforcement Assistance Fund grant of $9,000. The grant pays for overtime to increase DUI enforcement during 13 holidays and the whole month of December.

The board unanimously approved a resolution to publish a schedule for all BOT meetings for 2006, on the first and third Mondays of the month. Glenn proposed that the dates for the January meetings be delayed one day to Jan. 3 and Jan. 17 due to federal holidays. The other Tuesday meetings are on Feb. 21, May 2, and Sept. 5.

The board unanimously approved a resolution authorizing a payment of $20,000 to Lytle Water Solutions, Inc. for water engineering consultation and project management assistance on the Well No. 7 replacement project.

Treasurer Pamela Smith gave a review of the town’s long-term loan and bond debt, which Drumm had requested at the previous BOT meeting. The town’s bonding limit is $2,154,217, 3 percent of the town’s assessed valuation of $71,807,230. Bonds can be paid off after 30 days’ notice, but the whole year’s interest must be paid. Since the bond payments are made on Dec. 1, there is no advantage at this time to pay the interest for the first 11 months of 2006 early. Smith said she would review sales tax revenues this summer to determine if there would be any advantage to paying off the three smallest loans/bonds ($65,500, $73,877, and $105,000) early.

Smith reported that Auditor Kyle Logan of Swanhorst and Company, LLC will do more preliminary audit visits in 2006 to minimize the workloads and delays of the 2004 audit.

Smith also presented a listing of Payroll and Benefit fees charged for administration, which increased 12.5 percent in the 2006 budget. She noted that she would be able to gain "earnings credits" and "earnings allowances" through careful management of the four accounts that would reduce the standard fee of $18,764 to $11,250.

Shupp noted that the town’s two concrete batch plant lawsuits were in status conferences for setting trial dates and that he did not expect any further continuances.

Glenn asked Shupp to determine if the town’s traffic impact fee could be charged to new developments in Triview. Glenn also asked Shupp to determine if the town water fund’s enterprise status could be removed because it appears the fund may not be able to sustain itself without future tap fees as the town nears buildout.

The meeting went into executive session at 8:35 p.m. to discuss real estate negotiations. No action was taken after the executive session.

Jamie Hull, of Tecton Corporation, made another presentation regarding his desire to build two senior living facilities in the town of Monument at the Board of Trustees (BOT) meeting Dec. 19. The board also held a public hearing for senior citizen comments on Hull’s proposal. Mayor Byron Glenn was absent. Mayor Pro Tem Frank Orten chaired the meeting.

Orten presented a 2005 Spirit of Monument award to business owner John Dominowski for his numerous contributions to the town. Dominowski has been a key contributor on the Police Building Subcommittee of the Police Advisory Committee and leads volunteer efforts at every town holiday celebration.

Planning Commissioners Ed Delaney and Lowell Morgan also were selected for this honor and received their plaques at the town staff’s Christmas dinner. Their plaques cite their "Generosity of Spirit, Dedication to Service, and Enthusiastic Support of Our Community." Nameplates for all three have also been added to the large Spirit of Monument plaque on the Pride Wall in Town Hall. The annual award was created in 2002.

County resident Mike Wermuth expressed his personal concerns about the Monument Planning Commission’s hearing procedures. He lives in Kingswood and has spoken in opposition of the annexation, rezoning, and development proposals for the adjacent Promontory Pointe parcel at both Planning Commission hearings and at the "Town Hall" meeting for citizens on Nov. 29.

Wermuth first read a prepared statement to the board. He asked that Kingswood citizens be allowed to rebut the developer’s rebuttal. The developer’s rebuttal immediately follows the open portion of the public hearing, during which all citizens have an opportunity to speak for and against the application. Wermuth also asked that each citizen be allowed to make a closing statement after the rebuttal as well.

Typically at government hearings, the staff and their consultants summarize the application and any issues raised during their preliminary review. Next, the applicant is given time to make a prepared presentation and respond to the staff’s report. Board members ask questions during and after the applicant’s presentation. The hearing is then opened for citizen comments, during which they can rebut the applicant’s presentation and board member comments, as well as present their own views and additional evidence not raised by the applicant, staff, or board. After the open portion of the hearing for citizen comment is closed, the applicant can answer questions raised by citizens and respond to their assertions. Board members follow up with any final questions or comments raised by the citizen’s input or the applicant’s rebuttal.

Orten said that at BOT hearings, citizen rebuttals and comments are allowed after the developer rebuts citizen comments. He added that he has never attended a Monument Planning Commission meeting because the board receives the same information from the staff and applicant as well as minutes of the commission’s hearing and staff answers to questions raised by the commissioners and citizens at that hearing. However, citizen questions, if not rebuttals or additional closing statements, are usually answered after the open portion of commission hearings is closed.

Wermuth also gave a list of materials he had requested copies of, relating to a variety of planning and zoning actions over the past 30 years as well as the recall election of a few years ago. His requests for copies are separate from the requests for copies by the Kingswood homeowners association’s attorney, Tim Schutz.

Wermuth listed the requested copies he had not yet received. His biggest concern was obtaining a copy of the 1989 annexation agreement and impact statement for the southern 39 acres of the 117-acre Vern Walters Ranch. The name "Promontory Pointe" has only been associated with the property recently. He also said he had not received copies of documentation he had requested on the BOT recall election held four years ago.

Wermuth said that Director of Development Services Tom Kassawara was abrupt to another Kingswood citizen, identified as Mrs. Wolff, when she met with staff, although Wermuth had not been present for any of the meetings or conversations. He said he and other citizens needed more time—and the requested copies—to prepare their written comments before the Dec. 29 deadline.

Kassawara, Town Manager Cathy Green, and Town Clerk Scott Meszaros took turns responding to each of his complaints. The documentation for the first annexation appears to have been lost. Current annexation paperwork would be available when it’s completed. The staff members politely but firmly disputed each of Wermuth’s negative assertions about Mrs. Wolff’s requests and treatment. Meszaros also noted that he had spent over 20 hours in the past week finding and copying documents dating back to 1978 just for Wermuth.

The purpose of this agenda item was to solicit citizen comment on Hull’s presentation to the board on Dec. 5 in which he offered reduced rates for occupants of two senior facilities he would like to build in Monument in return for a donation of a lot the town owns on the south side of Highway 105, east of Knollwood Drive. This lot was donated to the town by WED, LLC when the board approved the Wahlborg annexation in 2004.

In his opening remarks, Hull said that individuals living in senior housing use considerably less water than the town standard of one-half acre-foot per year for a single-family house. The standard multifamily house allocation is .375 acre-feet per year (25 percent less). Hull said water usage per resident falls another 25 percent in senior housing. This would allow more people to use a lot’s available groundwater, increasing the allowable density for a senior living facility.

Hull also said that following his extensive research for this project, he was completely confident that Tim Irish, president of Designed Properties, would design, build, and operate two complementary senior living facilities in Monument that the town would remain proud of into the future.

Hull asked the town for accurate information for the proposed sites and has received information from Woodmoor Water and Sanitation District as well. He asked the board to move his proposal forward as expeditiously as possible and said his attorneys would meet with Shupp to draft a letter of agreement guaranteeing reduced rates in return for reduced land costs.

Irish said he did not want to repeat the points he made during the Dec. 5 board meeting about their proposal to build two facilities, on Highway 105 and Beacon Lite Road. The buildings would contain 60 to 70 living units, ranging from 750 to 1,250 square feet with a variety of assistance services to choose from. Irish’s demographic studies show that both buildings would be filled quite readily once completed.

During public comments, Margaret French, northern El Paso County representative for the Regional Advisory Council for the Pikes Peak Agency on Aging, said affordable senior housing was as important a need as transportation, due to long waiting lists at existing regional facilities. She added that Silver Key transportation services have been reduced in Monument.

Karen Albrecht said she would like to move back from Colorado Springs to a Monument facility when one opens.

Alice Logan said she wants to stay in Monument after she can no longer take care of her home.

Chuck Roberts, missions director for the Forest Ridge Community Church, said he was "astounded" by the number of senior citizens he has to try to meet. He and French also mentioned local resident George Kruse as an example of a senior who has recently been moved to hospice in Colorado Springs. Orten and Trustee Tommie Plank noted the many contributions Kruse made to Monument.

President Steve Spry said the Tri-Lakes Chamber of Commerce was working with three Colorado Springs hospitals–Penrose-St Francis, Memorial, and Colorado Springs Health Partners–to obtain a senior center and urgent care facility in the area. He added that the YMCA was seeking grants for their own senior facility in the building they plan to complete by mid-2007 next to Lewis-Palmer High School. He said two other people were going to complete an emergency care center by November.

Orten noted that Town Hall should become a senior center after the planned new police building is completed.

The two candidates for the vacant Planning Commission position were not present. Orten said interviews would be rescheduled for the BOT meeting on Jan. 3. The board will also make three appointments for the three commissioners, whose four-year terms are expiring at that time. Orten noted that it has been difficult filling empty commission seats and thanked the former commission chairman, Lowell Morgan, for his continued regular attendance as alternate for the past year, which he said helped maintain a quorum on several occasions. Morgan will remain an alternate commissioner indefinitely.

The board unanimously approved a resolution to accept a $600 30-page contract offered to the town by DLR Architects to evaluate buildings that have been offered to the town to be remodeled as a new police building. The dollar amount covers subcontractor time only for mechanical, electrical, heating, and air conditioning inspections as DLR is donating its professional staff time for the rest of the work. DLR has been working with the Police Building Subcommittee of the Police Advisory Committee to provide advice on all potential sites for new construction or renovation.

The board unanimously approved a resolution for a $21,000 joint funding agreement with U.S. Geological Service for a stream gauge to measure Monument Creek flows below the dam at Monument Lake. The costs are $6,000 for installation and $15,000 for first-year operations and maintenance. Woodmoor Water and Sanitation District will split the cost of operations with the town. The town needs the data to be able to store water in Monument Lake. The district will use the data for effluent credits to offset the water it stores in Woodmoor Lake.

The board unanimously approved a resolution to accept the updated documentation for the cafeteria plan of town employee benefits. Treasurer Pamela Smith is the plan’s Benefits Specialist and Plans Administrator. She noted that there are increases in the amount of time employees have to spend money from the plan for services and to submit receipts.

The board unanimously approved a sales tax payment of $37,842.50 for October and motor sales tax payment of $6,300.54 for September to Triview Metropolitan District. Also approved unanimously was a $212,947.77 payment to Schmidt Construction Company for road paving, curbs, and gutters. This completes paving for this year.

Smith noted that the town budget was tracking well and the board unanimously approved her financial report for October.

Kassawara’s written report for the last month noted committee meetings on buffering and screening of the Anderson substation expansion on Jackson Creek Parkway and a preliminary plat on Synthes Avenue. There was also a pre-hearing meeting on the Homeplace Ranch annexation and PD sketch plan; they may be scheduled for the March Planning Commission meeting. Wal-Mart’s BRRTA fee will be $262,585, and town land use fee will be $41,453.

Public Works Director Rich Landreth reported good construction progress on the new department building on Jefferson Street.

Chief Jake Shirk reported 204 calls for service for the month of November. He said he was pleased there were only 3 DUI arrests over the Thanksgiving holiday out of 25 stops paid for by the Law Enforcement Assistance Fund grant.

Meszaros noted the time line for the April town election. There was consensus for continuing to open two polling places, Town Hall and Creekside Middle School rather than having a mail-in process. The board briefly discussed changing to a home-rule status and a ballot issue asking for an extension of the current TABOR waiver, which would allow the town to keep excess tax revenues. Shupp noted that this ballot issue could be deferred until a later date.

Hull asked the board again to help him move his senior living facility project forward, now that the town was no longer considering using his Beacon Lite property for new municipal buildings.

The meeting adjourned at 8:20 p.m.

On Dec. 14, the Monument Planning Commission approved a rezoning for St. Peter Catholic Church, a preliminary plat for Village Center at Woodmoor Filing 4, and the Final PD Site Plan for Carriage Point West, but rejected a sketch plan for Lake of the Rockies. The Preliminary Plat and Preliminary PD Site Plan for the Timbers at Monument were continued after a lengthy hearing.

For the first time in many months, seven commissioners were present, including Vince Hamm, who was appointed on Dec. 5 by the Board of Trustees (BOT).

A request from St. Peter Catholic Church to have all six of its contiguous religious, educational, and residential properties rezoned from residential (R-2) to business was unanimously approved. The two residential properties are occupied by the church’s pastors and visiting clergy.

Director of Development Services Tom Kassawara noted that in the past, the church has had to ask for a "use by special review" for any expansion and that the church and school are not residential uses. The change in zoning would mean that each future expansion would no longer have to be defined as a "special use."

The town’s comprehensive plan calls for intermingled single-family residential and businesses in the downtown area. The requested business rezoning is consistent with all the commercial property to the north.

Kassawara also noted that there would be a separate hearing at a later date on the church’s request for a vacation of the existing public alley between the church and school building at First Street that extends to Lincoln Avenue. He said that this alley vacation had no relevance to the rezoning request.

Father Bob Jaeger said the church has plans for future expansion of its private parochial school, parking, parish hall, and church buildings.

There were no comments or concerns expressed by any referral agencies before the hearing. There were no comments from citizens before or during the public hearing, though there were 12 interested citizens present.

Commissioner Kathy Spence expressed concern that the rezoning would give the church a right to expand without any review from the town in the future. She noted that in the recent past, Jaeger’s request for a school building had been denied by the town because the surrounding area is residential and could not handle the additional traffic. She said Jaeger then asked for a parish education center and parking lot for adult classes only, but turned the education center into an elementary school anyway, despite the earlier denial of approval by the town. The school was later expanded to include middle school grades.

Spence also noted there have been continuing school traffic problems. The church had recently asked for special traffic ordinance waivers and restrictions as well as Police Department traffic control assistance because of the number of parents dropping off and picking up students. Spence said the surrounding area could not handle the traffic for an even larger school.

Jaeger said the Monument area is growing, creating the need for more Catholic school capacity. Spence replied that all her children had attended Catholic schools and that she was only opposed to the traffic the school generates and the way Jaeger has created and expanded the school without first receiving town approval. She asked that the church conduct a traffic study before the commissioners consider the rezoning.

Commissioner Lowell Morgan noted that any further expansions, including the school, would still require approval by the Planning Commission and the BOT. He also noted that the town could reject demolition of the church’s residential properties for any type of planned expansion.

Kassawara confirmed Morgan’s assertion. He said a traffic study is unrelated to the three criteria for considering a rezoning request and could not be made a condition of approval. Spence reiterated that the new town staff, commissioners, and trustees needed to be aware of Jaeger’s history of working around town rejections of his previous expansion proposals. She added there should be no administrative approvals for expansion by the staff without review by the Planning Commission and Board of Trustees.

The rezoning request was unanimously approved.

This 140-acre parcel, formerly the agricultural Wahlborg Addition, was rezoned from rural to Planned Development when it was annexed by Monument in 2004. Filing 4 is the 44-acre, 12-lot commercial portion of the development on the northwest corner of the property and has lengthy frontages along Highway 105 and Knollwood Drive. The other three filings on the parcel are residential. Construction is already under way for single-family housing on the southwest portion of the property.

Kassawara reported that he is working with the developer, Midland Development Group of St. Louis, and the Colorado Department of Transportation (CDOT) to add an additional right-in/right-out access on Highway 105 between Knollwood and the main entrance to the east. This new access would improve traffic circulation on the highway and within the commercial site. He noted that CDOT opposes and has not yet approved the right-out portion of this access.

Barring significant changes to this more detailed plat for filing 4, Preliminary and Final PD Site Plans for Filing 4 that are submitted in the future could be approved by Kassawara without Planning Commission or BOT review, if they comply with the development’s existing PD Master Plan guidelines. Specific development guidelines for the property were approved by the town at the time of annexation in 2004 before Kassawara was hired. The Master Plan was created in 2005 and the guidelines were revised by Kassawara a year later.

This administrative staff review and approval process is similar to the one for all buildings being constructed in the Monument Marketplace, which has its own PD Development Guidelines. However, the Marketplace is still owned by Jackson Creek Land Company, which will lease all its buildings to tenant merchants. Wahlborg developer WED, LLC has sold the land in filing 4 since annexation, and Midland Development intends to sell some or all of the 12 individual lots created in this subdivision of the filing. The planned dispersal of ownership will make it more difficult for the town to maintain conformance with the updated annexation Master Plan and design guidelines.

Kassawara recommended two conditions of approval:

1. Certificates of Occupancy for the filing will not be issued until all applicable access permits are obtained from CDOT for improvements to Highway 105 and all required off-site improvements are installed.

2. Final approval of the plat is contingent upon acceptance of the updated traffic study by the town.

There were no major comments or concerns expressed by referral agencies before the hearing. There were two written comments submitted to Development Services by adjacent homeowners before the hearing. Paula Souza expressed concerns about more "toxic dust/dirt" blowing onto her property. Kim Chun wrote that there would be "more noise and traffic [in] our quiet, cozy neighborhood." There were no citizen comments during the open portion of the public hearing.

Morgan and Chairman Ed Delaney noted that the proposed commercial plat was quite different in configuration than those shown in the initial and revised PD site plans that were previously approved. The center portion of the filing is undefined and simply listed as a large single lot. In previous plans, a large single pad of 140,000 square feet was depicted within this area. The preliminary plat only shows the boundaries of 12 commercial lots.

Kassawara said that the actual pad locations would be shown on a future preliminary site plan. All the building elevations and construction materials must comply with the development’s design guidelines to receive administrative approval. Otherwise, the building proposals must be heard by the commission and BOT.

Morgan asked if the restriction of no more than two "drive-through fast-food restaurants," which Spence had received agreement on prior to annexation, should be listed on the preliminary plat. Kassawara said that constraint would be listed on the site plans for the filing and that Spence’s restriction was "etched in stone." David Reif of Midland Development Group said they would not seek a change on this fast-food restaurant restriction.

Commissioner John Kortgardner asked how parking would be arranged and how commercial lighting would be shielded from adjacent homes. Reif said each lot would have its own dedicated parking area. All lighting will be shielded from going outside the filing boundary per the design guidelines in the development’s master plan.

The plat was unanimously approved with the two conditions noted above.

This Classic Homes development in Jackson Creek is located on the south side of Lyons Tail Road, just west of the existing Carriages at Jackson Creek development. Both developments are southwest of the intersection of Lyons Tail and Leather Chaps. Although they are separate developments, they will consist of the same mix of Classic patio home models.

Kassawara said there are 39 lots on 12.55 acres, a low density for patio homes. Due to the downward slope of the land and the planned excavation and grading at the boundary line between the two developments, all the new lots will be at least 22 feet lower in elevation than the adjacent lots to the east. Kassawara noted that the proposed development complies with the Regency Park Comprehensive Plan.

Although the town requires a minimum of a 60-foot right-of-way for residential streets, Triview Metropolitan District regulations only require a 50-foot right-of-way. Triview will maintain the 34-foot-wide roads. The two developments will be connected internally by Whistler Creek Court along the south side of both developments, which will also be a secondary access road for emergency vehicles.

At the start of the public hearing, Town Attorney Gary Shupp stopped Tim Miller, a Jackson Creek resident who sits on the Board of Trustees, from his attempt to be the first citizen to make a comment or to ask questions. Shupp said, "Trustee Miller, you may disqualify yourself if you speak in regard to this, when it comes before the Board."

Shupp stopped Miller from speaking because public hearings on ordinances, rezoning, plats, and site plans are quasi-judicial proceedings. Commissioners and trustees are obligated by law not to form an opinion or reach a decision about any proposal brought to the town until all hearing requirements specified in state statutes have been presented to them. Had Miller spoken for or against the project, he would have disqualified himself from participating in the hearing or voting on the proposal when it came before the BOT.

Miller withdrew from the podium without making a comment for or against the proposal after Shupp’s warning. He stayed for the remainder of this four-hour meeting.

Marvin Schreifels and another resident of Carriages at Jackson Creek who didn’t identify himself said they had paid a premium price for their lots because of their currently unrestricted view of the mountains and asked the commissioners what height the new rooftops would be. Delaney said the commissioners would deal with that issue during the next hearing on the Final PD Site Plan.

Tom Martin of Jackson Creek noted that there were no play areas or pocket parks in either of the Carriages development like the ones in Settler’s Ridge. Kassawara said that the neighborhood was too small for a pocket park according to the Triview Master Plan. Also Triview is responsible for providing a regional park. Martin said kids in his neighborhood west of Leather Chaps have to cross major arterials to get to the new Triview park. Delaney noted that this was also a site plan issue.

The preliminary plat was unanimously approved.

Kassawara noted that the parcel was zoned for a density of up to 10 dwelling units per acre (PRD-10), but Classic’s site plan density was only 3.1 dwelling units per acre. The developer has voluntarily limited sod to 50 percent of each lot, with drought-resistant landscaping comprising the rest of the lots. Kassawara noted that this restriction would become a future regulation change.

Kassawara said the developer had been very cooperative by increasing rear setbacks from 37 to 45 feet for the homes adjacent to the existing Carriages development, resulting in a minimum of 60 feet of separation between abutting houses in the two areas. The developer is also providing extra landscape screening for the lots with rear exposures to Baptist Road.

Kassawara said he believed that the single cluster mailbox for all 39 homes was inadequate but that the final approval belongs to the U.S. Postal Service. He has asked the post office for a second cluster mailbox.

Kassawara also reported that the developer’s traffic analysis showed no unacceptable reductions in level of service at nearby major intersections. No additional offsite improvements are recommended beyond those already in place for traffic flow mitigation. The town’s traffic consultant will report findings on the developer’s traffic analysis in time for the BOT hearing on this site plan.

Kassawara proposed four conditions for approval by the Planning Commission:

1. The developer must submit a copy of the Subdivision Improvement Agreement with Triview prior to the town staff scheduling a BOT hearing for site plan approval.

2. The U.S. Postal Service must give final approval of the cluster mailbox configuration.

3. Triview must write a letter to the town stating that streetlights will be installed according to Triview standards.

4. The town’s traffic consultant must concur with the applicant’s traffic study conclusions and recommendations prior to a BOT hearing for site plan approval.

There were no major comments or concerns by the referral agencies prior to this hearing.

A letter to Classic, signed by the owners of five homes on the west side of Maple Creek Drive, next to the new development’s boundary, said they had paid lot premiums and asked Classic to "honor the contracts by maintaining our views of the Air Force Academy, Pikes Peak, and the mountains." A copy of the signed letter was forwarded to town staff. This letter also asked Classic for "a green belt or bike/activities path behind our homes so that we still feel a sense of open space and backyard privacy" that they have had "for close to two years."

In another letter, a Classic resident noted having paid an additional $20,000 for this unobstructed mountain view, asked if there would be trails or parks within the new site plan, and expressed concerns about traffic, glare from streetlights, and additional traffic noise. Two other letters expressed similar concerns along with a concern about a drop in property values if their views were lost.

There was one letter in favor of the site plan.

Fred Borman, of Elite Properties of America and Kyle Campbell of Classic Consulting gave the applicant’s presentation. They said the ceiling heights of the new construction would be 9 feet and truss heights about 5 feet, resulting in a roof height of about 15 feet above the main living level. The new lots’ elevations are 18 to 20 feet lower than the existing lots on the west side of Maple Creek Drive.

Spence said the previous Classic customers paid a big premium and the roof lines will still be part of their views, despite the excavation and retaining wall that will create the 18- to 20-foot lot elevation difference. She didn’t believe that the current proposal actually honors the promise the adjacent lot owners had received at the time of purchase.

Commissioner Carl Armijo noted that floor elevations in this type of home are normally about 2 to 3 feet above ground level, which would have an even greater effect on views.

Spence praised the park Classic had built in its development next to Creekside Middle School and noted the condition she had negotiated: that Triview would provide the park’s maintenance. She noted that it is very far away from the two Carriages developments. She suggested that "lot 39" be set aside as a park rather than a home lot. This lot is next to the existing Carriages development, on the corner of Lacuna Drive and Whistler Creek Drive, where Whistler Creek connects the two developments. She stated that the town should not approve another development without a place for children to play, a chronic problem in Jackson Creek developments. "It’s a moral thing to think about," she said.

Borman replied that the zoned density would produce 90 to 100 units, which would support a park, but there aren’t enough homes with children in the current design of 39 units. When Spence reiterated her position, Borman said he was not prepared to respond, other than to say that the proposal meets the Triview master plan.

During the public hearing, Martin returned to the podium and said there was no abatement shown to isolate noise from Baptist Road, which will worsen when it is widened in the next year. He said he was a realtor and his experience had shown that these homes on the southern boundary would end up being rentals and decline in value.

Kassawara said that there was no practical way to build a physical barrier to attenuate road noise. He said an 8-foot wall would not be of any real value, given the slope of the land between the road and houses, but there would be additional landscaping.

Kassawara informed Frank Yarberry that his house would be no less than 67 feet away from the new house to be built behind his.

Several citizens expressed concern about the retaining wall between the two developments and its effect on drainage. One asked that it be a stucco wall. Kassawara replied that stucco was not practical and that the retaining wall would meet all applicable standards.

During commissioner comments, Morgan said the "master plan had been in place for a long time, and basically every square foot of land down there will be developed as part of that plan." He added, "I think this premium business is a racket. This is the third time we’ve heard about that from Jackson Creek alone, and we’ve heard about that in a couple of other places" as well. "The fact is, people are being lied to." He said buyers need to be more responsible but asked Kassawara if there was anything the town could do to stop the problem. Kortgardner added that the false promises were typically verbal and would be hard to enforce.

Kassawara suggested requiring developers to provide customers with a zoning map for the entire region at the time of sale. He added that enforcement was very difficult and a workable process would be cumbersome. He advised buyers to check with the town planning staff to find out what would be developed around them before closing.

Armijo asked why Triview would take on the risk and cost of maintaining this development’s water quality pond. Kassawara said that experience had shown that homeowners associations were ineffective in maintaining infrastructure, and it would probably become an eyesore and unsafe. Triview would be responsible for maintaining all infrastructure for the foreseeable future.

Kassawara, a professional engineer, added that this was a staff issue and he would be inspecting all engineering and drainage plans and installations. He said he would not approve them if they didn’t meet town requirements as well as Triview’s. Shupp said Armijo’s suggestion to avoid responsibility for the pond by requiring creation of an HOA was not appropriate and would not preclude future legal problems for the town if the proposed HOA failed to maintain the pond.

After further discussion, Spence proposed an amendment for a Planning Commission recommendation to the BOT that the trustees consider adding a requirement for the addition of a neighborhood park within the development for safety reasons. Her amendment was unanimously approved. The amended site plan was unanimously approved with the four conditions noted above.

Landowner BK-LOR, LLC sought approval of a PD Sketch Plan for the Lake of the Rockies campground on Mitchell Avenue. The campground recently went out of business and is still zoned as Planned Commercial Development (PCD), an obsolete town designation.

The sketch plan was similar to the ones Catalano-Way Group had presented to the Planning Commission and BOT on several occasions in the recent past. Each of those plans was rejected due to density and insufficient water rights. The major difference in this proposal was that all commercial uses were deleted and replaced with houses, making the sketch plan purely residential.

Kassawara said that the hearing was about only the concept of the sketch plan, its proposed access, land use, and density; most details would be provided at a later date. He said that "access to the lake is pretty bad." This sketch plan would add a new access provided by the developer south of the current narrow dirt "lane" access along the north boundary of the campground.

The BK-LOR plan calls for 194 homes on 67.11 acres, with all but three houses built in average densities of 4 to 6 dwelling units per acre. A portion of the property, 3.1 acres, is not part of the town and will require a separate annexation process. The three large-lot houses are planned for an 8.15-acre area on the west side of Monument Dam; however, just as in the various Catalano plans, this particular area is landlocked, with no right-of-way for roads available other than through condemnation of portions of existing homeowners’ yards.

Much of the proposed open space is in areas of steep slopes or Preble’s mouse habitat below Monument Dam. Drainage would have to be divided between Monument Sanitation District and Palmer Lake Sanitation District, after inclusion by both districts, to use gravity flow to their collection lines. Otherwise, a lift station built by one of the districts or unusually deep and expensive excavations would be required to avoid some portions of the parcel not being connected.

The staff report notes that the water rights to the property have already been conveyed to town water engineer Lytle Water Solutions, LLC. The town cannot provide enough single-family water taps for the property because there has never been a full adjudication of the Denver Aquifer rights in water court. The water under the land purchased from the railroad on the east side of Mitchell Avenue has not been conveyed. After adjudication, Lytle estimates that 206 taps could be provided, but no date for their availability can be estimated. The town’s current water shortage for this project is 17 taps.

In response to letters of notification from the town, five adjacent residents were opposed to the plan. Four of them wrote multi-page letters listing what they said were detailed "histories" of "broken promises" by Ernie Biggs, owner of the "RV park" since 1993 and failures of the town to enforce agreements he had made. The four letters noted that the lake had deteriorated due to the presence of the campground and that campers had caused problems and damage to adjacent properties. Common concerns expressed were litter, dead fish abandoned by fishermen, smoldering campfires set on their private property, and erosion of their shorelines. Each of the letters said that these problems would worsen with the high density of housing proposed and that the scenic and economic value of the lake would decline even more.

Two property owners wrote that the sketch plan they had been provided did not have enough detail to form an opinion for or against it. One comment form was marked in favor, but there were no supporting comments.

Tim Seibert of NES, Inc. gave the applicant’s PowerPoint presentation for the sketch plan. It included a land suitability and visual analysis, vegetation inventory, and discussion of neighborhood compatibility, traffic issues, pending annexations, and water allocations. His presentation was similar to Kassawara’s overview—as well as to previous presentations given by Catalano-Way—though less detailed. Seibert said that the development would have a significant positive impact due to the short walking distance to the downtown business area.

The sketch plan showed that most of the homes would be built between Mitchell Avenue and the lake, with two entrances along Mitchell. Seibert also noted that part of the property was on the east side of Mitchell. The developer would contribute to building a new deceleration lane for stacking northbound traffic turning east on Second Street when the railroad crossing was closed. There would also be southbound deceleration lanes built on Mitchell at the accesses to the property.

West Oak Ridge resident Tim Schutz, whose property is adjacent to the campground, gave a lengthy presentation in opposition. He said the proposal was excessively dense, and there was no transition zone next to the larger adjacent West Oak Hills lots. The sketch plan only listed average densities, without any indication of how actual lot densities would vary across the property.

Traffic backups at Second Street would significantly worsen, he said, creating a major safety issue for access by emergency vehicles or evacuation during a natural disaster.

Schutz noted that there is no realistic estimate of when all the required water for the site would actually be available or when the trail system through the mouse habitat could realistically be approved. He said the water figures provided by Lytle changed significantly from October to December. He was also concerned that the town might pay for water rights already conveyed to the town in several previous transactions with Biggs.

Schutz also said that the plan does little to "ensure that the access to, and use of, Monument Lake is protected for all residents of Monument and surrounding communities." He expressed concern that the lake would become a private enclave for the residents of the development over time because there were not enough details in the plan to assure residents that this outcome would be prevented.

Mark Smith and Chris Turback of Shiloh Pines shared Schutz’s concerns and were also troubled by the lack of public road access for the three large lots, light pollution, and quality of construction.

Seibert rebutted each of these concerns with the same points he made in his initial presentation. He also noted that NES was still evaluating the property and no final decisions had been made. However, he acknowledged there was no access available to the three western lots. Seibert said the landowner would need to hear the views of the BOT before making anymore decisions or providing more detailed information on the sketch plan.

All the undefined water rights would be conveyed to the town at the time of annexation. He added that the new access to the lake, which the developer would provide, would be a plus rather than a potential negative.

There was a lengthy review of the problems the town had with the Catalano proposals. Several commissioners said that these problems were still unresolved in this new proposal because of the high residential densities.

Morgan said that the water numbers provided by Bruce Lytle were different than those he had presented on two previous occasions. The water problem was worse than in the previous Catalano proposals and would require the town to drill new wells and build new storage. Access to the lake was inadequate at this density. Traffic problems would be worsened on Mitchell Avenue with 72 trains per day, and residential traffic is different than campground traffic. Larger lots with more expensive houses would be a better use. There are no commercial uses proposed, despite the land’s commercial zoning and the clear intent of the town’s comprehensive plan.

Seibert replied that the NES market analysis had shown that there was little likelihood of commercial success for shops or restaurants because the site was too remote from I-25 and the major arterials in Monument and Palmer Lake to generate adequate traffic and visibility.

Kortgardner noted he had lived on the campground for a year when he first moved to Monument. He also said he likes the style of houses that are being considered, similar to those at the Villages of Monument on Old Denver Highway.

Spence said, "I’m against the density," it was "not appropriate" for the Wilson house on the north side of the dirt access lane to the lake, and "only three-quarter acres of open green space for the public by the lake is really sad." Spence made a motion recommending "denial of the plan to the BOT because the plan does not comply with the standards and criteria for approval," and it passed unanimously.

This 73.5-acre commercial parcel is on the west side of Jackson Creek Parkway between the Monument Marketplace and Foxworth-Galbraith. Developer Mike Watt owns the Foxworth-Galbraith property, and there are two narrow, vacant 5-acre lots north of that store that are owned by different entities within the Watt family. These two parcels will become landlocked once Struthers Road north of Baptist Road is closed, unless there is an alternative access on the east through the Timbers parcel.

The Timbers parcel is being subdivided into four major commercial lots. There are some difficult drainage and mouse habitat issues that have caused several previous hearings by the commission on this parcel to be continued.

There were no major comments or concerns expressed by referral agencies before the hearing.

During the public hearing, Mike Watt said he opposed the plat because he believes there would be inadequate access for his three properties. He is in favor of Timbers and Monument Marketplace succeeding because this would be a benefit to his lots as well as to the entire town. Without this Timbers access, Watt said he would be compelled to sue CDOT or the town for the diminished value of these three properties.

There was a lengthy discussion among the commissioners, Kassawara, Watt, and Ron Murphy of Hammers Construction, Inc. in an attempt to find a solution acceptable to Watt and Murphy. Murphy asserted that the access he would provide to the two 5-acre lots was adequate, even though it was long and circuitous to the west side of the properties rather than direct and short on the east side, as Watt had requested.

At one point, Murphy asked BOT member Travis Easton—who is Murphy’s consulting engineer for the Timbers project—questions about engineering details of the plat. Easton, an employee of Nolte and Associates, expressed no opinions about the proposals and only answered Murphy’s questions of fact

After an hour of negotiations between Watt and Murphy, there was no progress toward resolution of Watt’s access problem. Delaney then recommended that the Preliminary Plat and Preliminary Site Plan hearings be continued. Murphy objected because of the costs of a one-month delay, but could not resolve his differences with Watt. Both proposals were unanimously continued.

The meeting adjourned at 10:30 p.m. The next meeting will be held on Jan. 11, at 6:30 p.m. in Town Hall, 166 Second St. Meetings are normally held the second Wednesday of the month.

Owner Nicky Serbenescu described his new restaurant and catering business, Nicky’s at the Villa, that will operate in the Villa building on Highway 105, a town landmark for 80 years. He said he was looking forward "to generating more sales tax for you," that he wanted "to be part of the neighborhood," and "I’m here to stay." He also said he would donate the sales from one night for the fire truck. Trustee Max Parker said he was glad that Serbenescu was keeping the Villa name: "It’s been here a long time."

Fire Trustee Gary Coleman reported that during November the Palmer Lake Volunteer Fire Department (PLVFD) had responded to 22 calls in town and five mutual aid calls. The PLVFD assisted with cooking at the town’s annual chili supper, which raises money for the operations and maintenance of the mountainside star above the town.

This year the supper raised over $2,600 from about 400 attendees. The PLVFD would also assist with food preparation for the Yule Log Dinner on Dec. 6 and Hunt on Dec. 11 and with the serving of breakfast on Dec. 10 at the Palmer Lake Elementary School. Coleman said, "They’re all volunteers and do a lot of good work. I’m really proud of them."

Roads Trustee Parker proposed that the town purchase a new road grader with the money saved from paving town roads with the recycled asphalt that was crushed by the county’s department of transportation. The bid for the new grader, with credit for the trade-in of the town’s aging 1988 grader, was $170,000, under a municipal discounting agreement. This six-wheel-drive grader normally sells for $318,000.

Trustee Cornell said that he was concerned about the lack of funding for capital equipment in the general fund. Town Clerk Della Gray pointed out that the capital funding was in the roads budget on a different page, rather than in the general fund. Roads supervisor Bob Radosevich noted that there had been several requests for a new grader in previous years. The proposed grader is a new model with many additional capabilities that will make it more effective in maintaining the town’s many dirt roads.

The other trustees agreed with the proposal during a lengthy discussion of which specific roads might be serviced with the new grader’s additional capabilities in 2006. A final decision on the purchase was deferred until Dec. 8.

Watershed study funding cut

Bob Miner reported that federal funding had been reduced for the $3 million Fountain Creek Watershed study. Senator Wayne Allard reported that only $125,000 would be included in the 2006 budget, down from over $714,000 allocated in 2005. An additional $424,000 would be needed in 2007 to complete the study, which began in 1999, after a significant flood caused extensive damage along the full length of the creek, including substantial damage in the Town of Palmer Lake.

Gray distributed copies of the final draft budget for 2006 for the trustees to review prior to the hearing on Dec. 8. Gray listed the changes made to reflect the actual transfers of funds between departments at the end of 2005 and previous years.

The meeting adjourned at 7:57 p.m.

There was a lengthy and occasionally heated discussion prior to approval (4-2) of a liquor license for the Inn at Palmer Divide as the Palmer Lake Town Council first met as the town’s Liquor Licensing Authority. Trustees Chuck Cornell and Gary Coleman, who both live next to this project, voted no, based on what they said were several changes in the proposed usage of the 27.2-acre parcel over the past several years. The partnerships and trusts that own the property have changed over time as well. One of the new owners, former Broadmoor Hotel chef Scott Godfrey, spoke for the current owners of the project. Max Parker was absent.

The approval was restricted to the interior portion of the main lodge building, which will be operated initially as a restaurant only, before the other planned buildings are completed. The main lodge building is now under construction on Highway 105, while only the foundations for the other four buildings are in place. The various owners of Mozaic LLP will have to seek a modification of the liquor license to extend liquor service to planned outdoor patio areas and upstairs decks in the main building. A liquor license modification will also be required for room service in the other buildings to be completed later; the eastern lodge building will also have a large event room.

Town Attorney Larry Gaddis said that the limits on the outdoor patio and grass serving areas for the main restaurant building were inadequately defined in Mozaic’s application. "I think you’re going to have control problems." He said the application contained no description of the indoor and outdoor serving areas for the other buildings—nor the connecting paths, landscaping, and parking lots—and could not be approved. Any areas approved at this meeting would have to be completed within a year.

Godfrey noted that the other buildings, which he called Phase II, might not be completed until February 2007, and he initially asked that the entire project be licensed with modifications sought only if the rest of the buildings were not all completed in early December 2006. Godfrey said the death of one previous owner and changes in project goals by the three entities that currently own Mozaic LLP (FJ2 LLP, The Scott Evan Godfrey Trust, and The Anne Redmond Godfrey Trust) had caused changes in the project configuration. These changes led to incomplete financing, and phased construction was necessary to allow more time to raise money for the other four buildings.

Cornell and Coleman objected to Godfrey’s proposal, saying the project had not been approved for phased completion. Cornell said this was not a bed and breakfast as initially proposed. Godfrey noted that the proposal delay and revision problems that the trustees described all occurred before he became one of the owners and that he could not comment on previous Planning Commission and Town Council reviews of the project.

The other buildings and outdoor areas were dropped from consideration at the end of the hearing at Godfrey’s request. He said he would seek the license modification for the rest of the project at the same time as the request for a certificate of occupancy for the main building, probably in February. The license for only the main building was approved 4-2, based on the condition that Godfrey provide satisfactory legal verbal descriptions and dimensioned drawings for each deck that will be licensed for liquor service.

Cornell did not comment while voting no. Afterward, he asked that the letter of opposition to the license written by his wife, Denise Cornell—who is a member of the town’s Planning Commission— and submitted to the council be made an attachment to the minutes of this meeting. The trustees all acknowledged that they had received and read her letter before the meeting. Coleman then said he voted no because the town should not be rushed into issuing a license without the full descriptions that would be required of any other applicant—particularly given principal owner Al Fritts’ continuing history of requesting approval of last-minute project changes.

Godfrey apologized for past misunderstandings with Fritts before his recent involvement in the project. Trustee Trudy Finan thanked him for his apology and said "not everybody feels the same angst towards the project" as some of the trustees.

The licensing authority meeting adjourned at 7:53 p.m.

The new business license for Nicky’s at the Villa was approved unanimously as a consent item, along with payment of all bills for the month of November.

Coleman reported that all officers of the PLVFD were re-elected for 2006.

Cornell said he had no information to report regarding monthly water department production and expenses.

Finan reported that Police Department calls for November were down to 105 compared to 113 in 2004. There were 16 calls to assist the Sheriff’s Office and 15 calls for assistance from the Monument Police Department. The council unanimously approved a renewal of the Humane Society contract for 2006 for handling barking dog and stray animal complaints.

There was a lengthy discussion of whether to change the policy of allowing town police officers to drive their cars to and from home to improve response times when they are on-call at their residence. Gaddis noted that the policy enhances public safety by not having officers responding to calls in unmarked cars. Finan said that response times for calls outside of town were substantially improved by allowing the officers to respond directly from their homes in police cars rather than driving to Palmer Lake first in their personal cars.

Gaddis suggested that the board appoint a citizen committee to make suggestions about a written "take-home" policy and a possible ballot issue for a sales tax increase from 1 percent to up to 3 percent, to support the added costs for a 24-hour police program and to pay for additional police car maintenance or for personal auto mileage to officers called from their homes. The sales tax increase would also pay for part of the town’s fire engine debt.

Finan and Gaddis said a decision would have to be made by the council in February to implement an April ballot issue to increase the town’s sales tax. Both emphasized that there would be no change in property taxes. Gaddis was asked to prepare a draft ballot resolution for a sales tax increase. Finan said she would organize a citizen review committee to meet with Chief Dale Smith regarding the on-call policies.

Gray read a letter from Smith announcing his retirement effective July 3, 2006. His letter said this would give the town time to find a replacement and allow for an orderly transition of command. He also praised the town for providing satisfying careers for him and his staff that include extensive opportunities for rewarding professional growth. Smith is the longest serving police chief in the state, with over 30 years in this position.

Parks and Recreation Trustee Trish Flake announced the award of a U.S. Tennis Association grant of $2,500 to the town for resurfacing the tennis courts. She praised local tennis coach Kim Makower for his efforts in submitting the grant request. Gray will supervise contractor payments from the grant, and Flake will oversee the resurfacing work.

Gaddis, taking over for the absent Parker, recommended that the town put out a formal request for additional bids on a new town grader. The council also unanimously approved Gaddis’ recommendation to accept the lowest reasonable bid that meets the town’s needs. The $170,000 expenditure that was proposed at the Dec. 1 workshop would have been spent before the end of 2005. However, this amount may now be rolled over to the 2006 budget, if necessary, to allow review of any other bids that might be submitted. Other vendors declined to make competing written or verbal offers to the $170,000 bid when contacted by Radosevich in November.

Gaddis and the town’s consultant engineer prepared a draft ordinance that amends and clarifies the definition of disturbed areas for hillside construction restrictions. The change in language was proposed as a possible means of avoiding litigation by property owners contesting the current restrictions. However, Gaddis said the proposed change was probably not necessary. The council unanimously continued the proposed ordinance.

The council unanimously approved three "clean-up" ordinances appropriating additional money in some town funds. First, a transfer of $11,811 from the General Fund to the Police Fund paid for the new Impala originally purchased with a "loan" from the Roads and Water Funds. Second, a transfer of $26,526 from the Roads Capital Improvement Fund to the Fire Truck Fund made up for the shortfall in donations received during 2005.

The third ordinance appropriated $43,756 received for a Homeland Security Grant to the Police Fund. Also appropriated was $5,445 for the state’s contribution to the state-run police pension fund, which was matched by a $6,056 contribution from the town.

The council unanimously approved an ordinance for the 31-page 2006 budget and the mill levy calculated by the state. The total general fund revenue will be $627,073, and the total water fund revenue will be $495,930. The total mill levy will be 19.501 mills and will generate $452,765 in revenue for bond repayment and general purpose revenue, based on a town valuation of $23,766,520, up from $19,742,620 for 2005. The council also unanimously approved an ordinance appropriating funds for each of the town’s 11 major accounts for 2006.

The meeting adjourned at 8:55 p.m. The regular town council meeting scheduled for Jan. 12 was later cancelled and combined with the workshop meeting to be held Jan. 5, after OCN’s publication deadline. A report on this combined meeting will appear in the next issue of OCN.

At its regular monthly meeting Dec. 7, the Forest View Acres Water District (FVAWD) board of directors approved a $25 per account monthly administrative fee increase and conditionally approved the budget for 2006. Grace Best Elementary School was locked, so the meeting was moved to Arby’s restaurant. Two district residents other than board members were in attendance.

The five-person board consists of President Barbara Reed-Polatty, John Anderson, Brian Cross, Ketch Nowacki, and Eckehart Zimmermann. Reed-Polatty was absent. Cross presided.

Administrative, bookkeeping, and accounting services for the district are provided by Special District Management Services, Inc. (SDMS). Kammy Tinney, SDMS District Manager, served as facilitator and secretary at the board meeting. Attorney Paul Rufien provided legal advice.

The district has a contract water operations manager, Dan LaFontaine of Independent Water Services, who is responsible for maintaining the equipment and infrastructure and for managing all aspects of water delivery.

In December 2004, the board uncovered the apparent theft of funds from the district’s bank accounts. In February, a warrant was issued for the arrest of former contract office manager Patricia Unger on charges of embezzling more than $212,000 in district funds. That amount was later increased to $315,000. Unger surrendered to authorities Feb. 16, 2005, and was released on $50,000 bond to await a preliminary hearing. Unger rejected a negotiated mediation agreement and waived a preliminary hearing on the charges. The criminal trial is scheduled to begin March 7, 2006. The felony charges Unger faces carry a potential sentence of 4 to 12 years.

The district has filed a civil suit against Unger and her husband, Dennis, to recover the missing funds and associated costs. The civil trial is scheduled to begin July 18. The district’s attorneys hired Sheri Betzer, a forensic auditor. According to information released by the board, Betzer estimated the total financial loss to the district at not less than $625,000.

Cross, Nowacki, and Zimmermann must run for election in May 2006. The terms of Reed-Polatty and Anderson expire in May 2008.

The board unanimously appointed Tinney to serve as the district’s election official for the May 2006 election.

Self-nominations for the three vacant board seats may be submitted to Tinney between Feb. 1 and Feb. 27. If the district receives no more than three self-nominations, the May election will be called off on Feb. 28 and the candidates declared the winners.

District residents interested in running for the board or who have operational or management questions or comments are asked to contact SDMS at 488-2110 or (800) 741-3254.

Doug Higgins has submitted a petition for inclusion in the district. Higgins’ property is about 39 acres of undeveloped land. He has agreed not to subdivide the property and has agreed to pay legal fees (estimated at $2,500), the cost of running pipe to his property, the cost to the district for performing an engineering review of his plans (estimated at $1,000), and to transfer to the district the water rights associated with his property. LaFontaine said Higgins already has rights to one tap, so no tap fee is required.

Higgins asked for a waiver of the district’s inclusion fee, which is estimated at about $117,000 for the property. Rufien noted that the inclusion fee was waived as part of last month’s approval of the inclusion of Leroy Schmidt’s similar 40-acre parcel.

Higgins noted that, unlike Schmidt, he does not need temporary service since he does not plan to connect to the system for one to two years. LaFontaine suggested Higgins plan on connecting to the planned line to be run to the Red Rock Reserve project. Red Rock Reserve was formerly known as Raspberry Ridge.

Following a public hearing during which no one spoke in favor or opposed, the board unanimously approved the application and directed Rufien to prepare the documents.

Tinney requested that the board approve payment of claims for November totaling $13,600, which included $4,416 for LaFontaine’s services, $2,500 as partial payment to Henkle Drilling, $2,393 for electric service, $2,336 for delayed billing from Palmer Lake Sanitation covering several months, and $1,000 as partial payment to Betzer.

As of Nov. 30, the district’s debt stands at $659,857 comprised of $545,000 in bonds and $114,857 in accounts payable. The accounts payable is comprised of $58,899 owed to attorneys Petrock and Fendel, $34,242 owed to SDMS, $14,299 owed to Henkle Drilling, $4,740 owed to Betzer, and $2,678 owed to Rufien.

The balance in the enterprise fund declined from $21,377 on Jan. 1 to a debit of $4,823 on Nov. 30.

The balance in the debt service fund declined $7,606 from $2,552 on Jan. 1 to a debit of $5,054 on Nov. 30. The debt service funds pay off an $880,000 bond issued in 1995 and a $45,000 loan obtained in 2004.

The capital projects fund received $25,000 in tap fees and the proceeds of a Department of Local Affairs (DOLA) loan of $172,498 and a state health department loan of $10,000. On Nov. 30, after infrastructure expenses totaling $181,777, that fund balance stood at $26,821.

The net cash balance for all funds as of Nov. 30 was $17,366. Accounts receivable from customers stood at $422.

Tinney noted that the $17,700 debt service payment due on Dec. 1 was paid.

The financial report was unanimously accepted.

The board unanimously approved an amendment to the 2005 budget setting the following amounts:

General Fund: $205,000
Debt Service Fund: $90,260
Capital Improvement Fund: $200,000
Enterprise Fund: $175,000

2006 budget approved; $25 administrative fee increase approved

Tinney presented the proposed budget and said it needed final adjustments based on additional information to be provided by LaFontaine regarding capital improvements needed during 2006. Tinney noted that the final 2006 budget must be approved by Dec. 31 and filed with DOLA by Jan. 31. The proposed 2006 budget included the following totals:

General Fund: $109,500
Debt Service Fund: $90,741
Capital Improvement Fund: $53,000
Enterprise Fund: $270,900

Revenue from the Red Rock Reserve development was not included in the proposed budget.

Cross said the capital improvement fund as budgeted would result in about an $80,000 shortfall compared to projected expenses. He calculated that since the district serves 280 accounts, the shortfall would be about $24 per account per month.

He added that if a property tax mill levy were used to increase revenues, a ballot measure must be passed.

Tinney noted that even if the ballot measure were approved, the property tax revenue would not be received until 2007.

Rufien added that an advantage to an administrative fee increase would be that the board could adjust the fee as needed, whereas "a mill levy should be considered permanent."