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Above: Preliminary site plan for the second high school.

Below: Assistant Superintendent Ray Blanch responds to questions at the Lewis Palmer District Accountability Advisory Committee meeting September 28. Photo by John Heiser

By John Heiser

At the Sept. 28 meeting sponsored by the Lewis-Palmer District 38 District Accountability Committee, School Board President Jes Raintree, Assistant Superintendent Ray Blanch, Chad Novak and Kent Freed from H+L Architecture, Chris Sheffer from the district’s traffic engineering firm Felsburg Holt & Ullevig, and district bond advisor Terry Casey presented the status of planning for building a high school on the Hunter Run Property. The site consists of 69 acres bordered by Woodmoor Drive on the southeast, Monument Hill Road on the west, and Misty Acres Boulevard on the northwest. The audience, estimated at about 100 residents, was asked to submit their questions in writing. Blanch sorted and summarized the questions. Some in the audience complained that their questions were revised or ignored.

The presentation is posted at www.lewispalmer.org/media/EDocs/LPSD_News_Release_Second_High_School_Information_Agenda.pdf

Some highlights of the presentation and responses to questions:

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The Lewis-Palmer District Accountability Committee normally meets on the second Tuesday of each month at the Learning Center of the Lewis-Palmer Administration Building, Second and Jefferson. The next meeting is 7 p.m. October 10. The district’s Web site is at www.lewispalmer.org.

Below: (L to R): Sue Huismann, Kathy Wilcox, Palmer Lake Elementary School (PLES) Principal Julie Jadomski, Codi Inloes Williams, Quinn Tirpak, and Jes Raintree. At the far right are board members Gail Wilson and Dee Dee Eaton. Williams and Tirpak expressed appreciation for the work Huismann and Wilcox did over the summer improving the playground at PLES. Photo by John Heiser

At the Lewis-Palmer District 38 School Board meeting Sept. 21, the board unanimously voted to promote Ray Blanch to be assistant superintendent. This was in response to Superintendent Michael Pomarico’s recommendation as part of his Phase III restructuring of the central administration office. The board also unanimously approved the closing documents for purchase of the 69-acre Hunter Run Farm second high school site between Woodmoor Drive and Monument Hill Road. Blanch is heading the project to build a high school on that site.

Blanch presented the first of his monthly reports on the status of the second high school project. He explained that although the ballot questions must pass Nov. 7 in order to construct the second high school, design work on the 235,000-square-foot facility is being done now to meet the fall 2008 target for opening the school. He reported that H+L has been selected as the architectural firm, and requests for proposals have been issued to select a general contractor.

Blanch said the project is on track with anticipated closing on all 69 acres by Oct. 15. He noted that construction costs are increasing 1 to 1.5 percent per month so the district is working to complete the project as soon as possible.

Several district residents spoke in favor of ballot question 3C. It would authorize a temporary one-mill tax increase for 10 years for "the capital construction needs of Monument Academy, a charter school within the district, including but not limited to land acquisition, building design and construction, incidental and appurtenant facilities, equipment and other costs necessary for the occupancy by pupils to be enrolled in Monument Academy." The revenue raised in the first year would be a maximum of $362,000.

In voicing her support for 3C, Sonja Cantlebary noted that the Monument Academy is tuition-free and serves more than 12 percent of the students in the Lewis-Palmer school district. Michelle Bell urged approval of 3C and expressed disappointment that the District 38 board does not currently provide more funding to the Monument Academy.

Board President Jes Raintree responded that state laws affect how the District 38 board and the Monument Academy board work together.

Board members encouraged everyone to become educated about the second high school project and the ballot questions and to vote.

The board addressed a number of other topics including:

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The District 38 Board of Education normally meets on the third Thursday of each month at the Learning Center of the Lewis-Palmer Administration Building, Second and Jefferson. The next meeting is 7 p.m. Oct. 19. The district’s Web site is at www.lewispalmer.org. Meeting highlights from the Web site were used in preparing this article.

Wording of ballot question 3C is posted on the Monument Academy Web site: www.monumentacademy.net.

Mayor Max Parker announced a November ballot question for a new mill levy to use water from the town’s currently capped D-3 well to fill and maintain the level of Palmer Lake.

The board reviewed two requests for vacation and replat of residential lots and a request to build a house in the Pinecrest subdivision.

Representatives of Lewis-Palmer School District 38 presented information on the district’s November ballot issues for a mill levy override for increased operations and maintenance funding and a bond issue for construction of a second high school.

Trustee Allen was absent.

Because the final language of the ballot initiative had to be submitted by Sept. 8, the council was required to take a formal vote in a special meeting prior to the workshop session rather than wait until the regular council meeting on Sept. 14. Parker noted that the issue will continue to be discussed at council meetings to field citizen questions until the Nov. 7 election.

Parker noted that the town’s D-3 well, which cost about $288,000, had never been used by the town’s water system after it was drilled. When completed and tested, the maximum production was 60 gallons per minute. Parker said that engineering estimates for installing two water lines for alternative uses of the well would cost roughly $400,000. The main line would be used to fill and maintain the level of Palmer Lake with untreated groundwater "as a mid-term solution." The town’s Awake the Lake Committee had proposed drilling a new agricultural well near or in Palmer Lake for this purpose. The secondary line would be used to provide augmentation water in Monument Creek to replace any surface water redirected upstream to other town uses, such as filling the lake.

The maximum debt authorized by the ballot initiative is $450,000 to conservatively provide for estimated installation costs and unforeseen contingencies. The maximum repayment authorized to cover principal and interest in the first year is $611,496 based on a maximum allowable net effective interest rate of 6.25 percent per annum for a maximum of 10 years. The maximum tax revenue to be raised in the first year is $61,149, based on the current assessment of the town’s real property subject to the proposed mill levy of 2.477 mills for the proposed bond issue. The mill levy for the town’s general fund is currently 9.689 mills. The mill levy for the town’s other bond debt, which expires in 2016, is currently 6.481 mills. If the initiative passes, the total mill levy would be 18.647 mills.

Parker said that a 1988 town bond issue will be paid off at the end of 2006. For a house in Palmer Lake with an assessed market value of $100,000, the total for 2005 would have been $151.80. The proposed new debt for the lake would result in a tax of $148.43 in 2006, $3.37 less, if this ballot initiative is approved. The comparable tax figures for $100,000 of commercial property are $553.03 for 2005 and $540.76 for 2006, which is $12.27 less.

Without artificially adding water to the lake in the past 15 months, the current level is about the same as it was in the spring of 2005—before it was partially filled with dechlorinated drinking water from the town’s D-2 well. The D-2 well is the primary source of town drinking water when flows in upper Monument Creek dry up and the surface water stored in the town’s reservoirs is depleted. The drinking water used to temporarily fill the lake in 2005 had to be dechlorinated to avoid killing plants, fish, and other aquatic life.

Pumping was terminated in 2005 when the D-2 well ran dry before the temporary permit for filling the lake expired. Expensive repairs of the D-2 pump were required as well as cleaning of the pump’s screens that were clogged by sand infiltration. A lengthy suspension of D-2 operations was also required to allow the well to recharge. Due to relatively high precipitation and limited lawn watering since then, the town has been able to meet the drinking water demand with its surface water supply from Monument Creek.

Parker said that another method for filling the lake was needed. "That was a very short-term fix kind of fix and because of the issues with the D-2 well, we’re not willing to continue doing that. There are long-term issues with regard to water and storage rights in the lake which I think bear serious consideration, so this is really intended to be more of a mid-term solution to getting water into the lake and bringing it back to viability."

Parker said that filling the lake is essential to restoring the town’s namesake to attract more business and tourism, to providing income for owners and residents, to providing sales tax revenue for the town. Parker noted that some operational costs, such as electricity for intermittent pump operations, still needed to be estimated.

Parker also said that a consultant engineering report indicated that this proposal to use untreated D-3 water was preferable to the Awake the Lake Committee’s proposal to drill a new agricultural well next to or in the lake to restore and maintain the level due to the potential adverse impact on the town’s existing nearby drinking water wells.

He read a letter from Trustee Richard Allen to the council. Allen wrote that he considered filling the lake to be one of the top two or three issues facing the council and if he could have been present, he would have voted for this ballot initiative for "bringing the lake back from the edge of disaster." Allen urged support for the referendum from the trustees and the town’s citizens.

Economic Development Trustee Susan Miner asked Water Trustee Jim Girlando to determine how much cheaper it would be to use untreated ground water rather than pay for treating and dechlorinating municipal drinking water, as was done in the summer of 2005.

Trustee Trudy Finan emphasized that the purpose of the ballot initiative is to re-fill the lake, then sustain that level in a cost effective manner to continuously offset evaporation as well as natural seepage losses.

Public comment: Resident Judy Harrington said she was in favor of the ballot initiative, but expressed concerns about rumors that the lake can no longer hold water after being dredged and increasing seepage out of the lake into the ground. She asked if the size of the proposed bond issue should be increased to cover installation of a liner to seal the lake bottom.

Parker noted that the proceeds of the bond could also be used for "other such improvements as are necessary." Town Attorney Larry Gaddis said that there would not be enough money for a lake bottom liner at the $450,000 cap, but that the slightly higher cap "provides some wiggle room" for other unexpected costs. He added that this cap was chosen to ensure that taxes didn’t increase by creating new debt at the same time some of the town’s current debt is paid off.

Parker also said that the town would not spend all of the $450,000 if possible because there was a slight chance that projected revenues might not turn out to be as high as predicted.

Awake the Lake Committee spokesman Jeff Hulsmann said he was "very comfortable with the engineer’s report" on the D-3 well proposal. In response to Harrington, he said studies have shown that water seeps out of the lake during droughts and into the lake during wet periods. Also, there is more seepage at the higher levels along the shoreline due to a different soil composition than in the lower levels of the lake bed. He said holding water in the lake is not an issue in the long term; the problem is to find a reliable way to replace water that evaporates naturally or seeps out.

After further lengthy discussion about the history of the Awake the Lake Committee and filling the lake in 2005, Miner and Parker noted that it would be unlikely for the town to win state and county grants for economic and park development if the lake could not be filled and sustained. Parker added that additional information would be provided to citizens as soon as studies and estimates are completed, prior to Nov. 7.

Gaddis suggested modifying the "other purposes" clause to "other lake revitalization improvements as necessary" so that no bond proceeds could be used for any other unrelated purposes, to increase voter confidence about how the money would be used. He also noted that $450,000 was the maximum bond issue that could be supported without having a higher total mill levy in 2007. The ballot initiative, with Gaddis’ proposed amendment, was unanimously approved.

The council unanimously approved a Nov. 7 ballot initiative for a temporary 10-year half-cent sales tax to raise revenue for the Palmer Lake Volunteer Fire Department. The revenue raised, approximately $75,000 per year, would be used solely to repay department debt and hire department personnel. This proposal was defeated in April by only six votes (164-170), though an identical temporary 10-year half-cent sales tax for the town’s Police Department was approved by only six votes (170-164.)

Representatives from Lewis-Palmer School District 38 gave a 20-minute presentation on their Nov. 7 ballot issues, a bond issue for construction of a second high school and related improvements, and a related permanent mill levy override for operational costs for the new high school. (The article on page 1 includes the information that was given at several regional board meetings this month.)

New business license: The council unanimously approved a new business license for Dahlia Lopez to perform manicures and pedicures at the Imagine Salon, 755 Highway 105, Suite O. The new license was approved as a consent item for the regular council meeting on Sept. 14.

Parsons’ vacation and replat request: The council unanimously approved a replat of George Parsons’ two adjacent lots at 164 Shady Lane (lot 23) and 172 Shady Lane (lot 24.) The lot line separating these two properties was moved east so that it no longer goes through the house on Lot 23.

Parsons owns both lots and each has a house on it. He resides in the home and garage on Lot 23 which is 5,500 square feet. This home spans the common lot line and extends onto Lot 24 to the east, which is 10,935 square feet. The other house Parsons owns is on the east side of Lot 24, well away from the common boundary between these lots. Parsons’ request moves the lot line to about halfway between the two buildings. The proposed lot at 164 Shady Lane increases to 11,000 square feet and the other lot decreases to 5,435 square feet. All setback requirements would be met for both houses by this proposal.

Parsons also had previous approval for vacation of half of an unused 20-foot town right-of-way that Lot 24 overlapped to the east. The replat now accurately depicts the previously modified boundary of unused town right-of-way along the east side of Lot 24 and the incorrect appearance of encroachment onto this 10-foot-wide strip. Town Clerk Della Gray noted that Parsons’ final recorded replat drawing needed to be further amended to show when the strip of overlapped town right-of-way was vacated.

Request for change in Pinecrest Planned Unit Development: Thomas Patrick, with the support of the Pinecrest Homeowner’s Association, requested permission to build a single-family home and garage on vacant Lot 8 at the west end of Pinecrest Way. This 33,904-square-foot flag lot has an area suitable for building a home and garage, though a portion of the lot is steeply sloped. There are no issues regarding compliance with the town’s current or expected future hillside ordinance.

Patrick said that the county had asked him to raise the level of his basement and garage or move the house further away from the recently revised boundary of the floodplain through his lot. Patrick noted that Pikes Peak Regional Building’s floodplain coordinator Kevin Stillson told him that flood insurance might increase as much as 300 percent as a result of Hurricane Katrina. Trustee Gary Coleman, who is Patrick’s surveyor for this proposal, noted that the location of the floodplain had just recently been remapped by the Federal Emergency Management Agency (FEMA), and that Patrick had changed the design and location of the house to accommodate that FEMA revision. Patrick said Stillson had not yet gotten final FEMA approval of Patrick’s new proposed design and location with regard to the revised floodplain depictions and Stillson expected no problems getting that approval. The proposal was continued to the regular council meeting on Sept. 14.

O’Banion vacation and replat request: Susan O’Banion requested a vacation and replat of her property at 455 Clio Ave. Her proposal would divide the existing two lots into three lots. The existing single-family home to the west, at Clio and Virginia Avenue, would be on the new Lot 1. The existing garage in the center of O’Banion’s property would be on the new Lot 2, and the vacant land to the east would become Lot 3. O’Banion reported that "At some point I plan to purchase [water and sewer] taps and seek approval to convert the barn/garage into a home."

At the Planning Commission meeting on Aug. 16, Vice Chairman Trombley reminded O’Banion of the commission’s notice to her at the Aug. 9 workshop meeting that she would have to get Board of Adjustment approval of variances for the current house and garage that were in violation of the zoned setbacks when she bought the property, if she ever wanted to sell either of them. He also noted that making the new vacant Lot 3 so small would also make it hard to meet current setback requirements if she or a buyer tried to construct a building and that she would be creating her own hardship.

Correction: The first sentence of a "letter of intent" dated Sept. 7 that Susan O’Banion submitted to the council states, "This letter is intended to clarify and elaborate on my intent for the property at 455 Clio Ave. as well as to amend incorrect information printed in the Our Community News paper."

Her letter of intent also states "After the Planning Commission meeting, Our Community News reported that I ‘had no plans to sell any of the three proposed properties and had no plans to build on the proposed vacant lot 3.’" O’Banion’s letter states that the words regarding lot 3 should have stated that she "had no plans to build on or sell that lot at this time." (OCN regrets the error.)

Her letter to the council also states that at the Aug. 16 Planning Commission meeting "I was not asked what my plans were for the house on proposed Lot 1 – only for proposed Lot 3." Her letter added this new clarification, "It is my intention, however, to sell the house on proposed Lot 1 to finance the conversion of the garage/loft into a home for myself." Regarding Lot 3, the letter added that she wanted to "create the option to build a small home for myself or a family member in the future—an idea that may or may not occur — I already love the property as it is."

O’Banion first stated that she intended to sell the house on Lot 1 to finance conversion of the barn/garage loft into a home and was platting Lot 3 though she had no intent at this time to do anything with that lot. Parker said that her future plans had no bearing on the board’s consideration of or decision on her vacation and replat request.

The drawing for the replat shows that the western façade of the house on Lot 1 and the southern corner of the barn/garage on Lot 2 are too close to the adjacent lot lines to meet town setback requirements.

Trustee Coleman noted that O’Banion would need a third variance in the future from the town’s Board of Adjustments to be able to build a house on Lot 3, because of the small buildable area. There would be no "grandfathered" variance for the new vacant lot. O’Banion said she thought there would be room for a modest home such as an A-frame or cottage "and that wouldn’t happen for several years." She added that she didn’t plan to put a 6,000-square-foot house "on a postage stamp sized lot."

Gray said that O’Banion’s existing house and barn/garage would be "grandfathered" and granted automatic setback variances. Parker said that the council could suggest a waiver of the $200 Board of Adjustment fee. Gray said the waiver of the fee was the board’s decision, not the council’s.

Web site exclusive - Below: Palmer Lake Volunteer Fire Department Chief Phillip Beckman discusses proposal for improved ambulance services and cross-training of department EMT’s to be provided by Larkspur Fire Protection District now that Tri-Lakes Fire Protection District has cancelled their contract with the town. Photo by Jim Kendrick

Click here or on the photo to zoom in

The Palmer Lake Town Council (PLTC) meeting was heavily attended by the town’s concerned volunteer firefighters who came to see how the council would respond to termination of the town’s ambulance contract by the Tri-Lakes Fire Protection District (TLFPD.) Three representatives of the Larkspur Fire Protection District (LFPD) were also present to offer ambulance service, as well as training for members of the Palmer Lake Volunteer Fire Department (PLVFD). The board approved two requests for vacation and replat of residential lots and a request to build a house in the Pinecrest subdivision. All trustees were present.

Consent items: Dahlia Lopez’s request for a new business license for manicures and pedicures at Imagine Salon, 755 Highway 105, Suite O, was unanimously approved.

Road repairs scheduled: Roads Trustee Richard Allen reported that the town had positioned about 600 tons of Class 6 gravel to rebuild crowns and repair damage to High Street, Milton Street, and Larkspur Lane. Consultant RTW engineering has recommended replacing the drainage systems along High Street then Dixie Street, which Allen said have been problems for years.

Two bids were received for repaving Middle Glenway Ave. and Upper Glenway Ave. Phase 1 paving on Middle Glenway from Highway 105 to High Street with three-inch Class C asphalt could start before the end of October. Total project cost will be $53,200. Upper Glenway paving will begin in the spring.

A lengthy discussion about Tri-Lakes’ cancellation of its long-standing ambulance contract began when Allen read a prepared statement claiming he was badly treated while attending the PLVFD meeting on Sept. 6. The issue was not discussed at the Sept. 7 PTLC workshop meeting; Allen was absent.

Background: At the Aug. 10 regular council meeting, Allen announced that the Tri-Lakes Monument Fire Authority (TLMFA) had proposed changes to the ambulance service agreement between TLFPD and PLVFD. The authority, formed in 2005, combines day-to-day operations of TLFPD and Woodmoor/Monument Fire Protection District. However, these two districts are still separate entities for all other purposes.

Allen is a Forest View Estates resident and a neighbor of Charlie Pocock, the president of the TLFPD board and a former Palmer Lake trustee. After the town annexed Forest View Estates, the development remained a part of the Tri-Lakes fire district and is taxed by the town and the Tri-Lakes district for fire department services.

The PLVFD firefighters attended the Aug. 10 PLTC meeting to see the new emergency services agreement for the first time and to show their concern about the extensive changes. Allen said he had been given the emergency services agreement and had put it in Mayor Max Parker’s inbox. Parker was out of town at that time. The agreement Allen delivered was signed by the authority’s president, Tim Miller. There was a blank signature line for Parker, but none for either fire chief.

Fire Trustee Gary Coleman said PLVFD Chief Phillip Beckman and TLFPD Chief Robert Denboske should have met first to discuss any proposed changes by Tri-Lakes, in accordance with the existing ambulance service agreement.

Trustee Susan Miner said that Tri-Lakes had tried to go around the Palmer Lake fire chief and fire trustee in past negotiations that she had participated in, as they had just done by having Allen go directly to Parker with the new agreement. She added that Allen and the new trustees needed to learn the complicated history of the town’s negotiations with TLFPD. Allen said he had merely delivered the document to the town administration building as a courtesy to Tri-Lakes Battalion Chief Bryan Jack. Miner said Jack knew that he should have personally given the new agreement to Beckman.

The PLVFD firefighters at that meeting said they were adamantly opposed to the TLMFA emergency services contract because:

The Sept. 6 PLVFD Association meeting Allen attended was the first scheduled monthly meeting where the town’s volunteer firefighters could formally discuss the emergency services agreement. However, a TLMFA letter, dated Aug. 30, signed by Pocock, and delivered to the town offices on Sept. 5 stated that "our proposed agreement is hereby rescinded, withdrawn and is no longer valid."

Allen reads complaint: During Allen’s lengthy statement, he said that when he attended the Sept. 6 PLVFD meeting, with Parker, Miner, and Coleman, he was "greeted with rude, obnoxious, and aggressive behavior on the part of many volunteers." Allen said he was asking questions about problems that he thought were pertinent, but the firefighters did not want to hear about any problems. He said he was a friend to the department, asking questions for his own information, "and for a friend to be treated that way, I’m astonished."

Coleman gave a terse PLVFD activity report (there were 11 calls in August) before responding to Allen’s statement. Coleman said, "I think they responded in a respectful manner. The only time they responded in an aggressive manner was when they were approached the same way. Richard brought to this town an agreement from Tri-Lakes that had nothing to do with our past agreements." He said "it threatens the quality of our fire department altogether. It just about eliminates it and turns everything over to Tri-Lakes." Coleman added, "I was proud of the way they stood up and stated what they knew."

Chief Beckman said that the PLVFD Association was paying to have the recording of the Sept. 6 meeting professionally transcribed. (The transcript was not yet available at OCN’s deadline.)

Parker noted that the existing ambulance service agreement was with the Tri-Lakes district. It had been automatically renewed without council review or discussion since 2003, before Parker joined the council. He said, "Trustee Allen and the Tri-Lakes Fire Authority provided us with a draft of a proposed emergency services agreement."

Allen interrupted Parker and denied bringing the new emergency services agreement to the town office building, contradicting his own statement on Aug. 10. Allen said it was mailed to Town Clerk Della Gray. Gray said, "It did not get mailed." Tri-Lakes Battalion Chief Bryan Jack, who is a Palmer Lake resident and was in the audience, made no statement about having given the authority agreement to Allen.

Parker said "regardless of how we got it," the authority’s emergency services agreement was unsatisfactory. "Of course there are some that will contend that that was not a legitimate move on their part because the original agreement that we had signed was with the fire protection district and not the fire authority."

Coleman read a statement from the cancelled annual contract with the Tri-Lakes District that states that the contract will be automatically renewed on Sept. 1 unless either party gives written notice of its intent to cancel by July 15. Pocock’s cancellation letter, on a Tri-Lakes Monument Fire Rescue Authority letterhead, was dated Aug. 30.

There is another paragraph in the defunct ambulance contract that states "For emergency purposes and conditions arising which are beyond either Agencies (sic) control, this agreement may be terminated by either Agency for convenience upon thirty (30) days notice" by certified mail.

Larkspur ambulance services proposal: In the first phase of the proposed agreement, Larkspur will provide 24-hour ambulance service from one of its two 24-hour advanced life support four-wheel-drive ambulances. Both duty ambulances are staffed with a paramedic and an EMT. Larkspur also has two volunteer paramedics. All three Larkspur ambulances are four-wheel-drive and fully equipped for advanced life support. Palmer Lake EMTs and first responders will be cross-trained by Larkspur to be eligible to staff a Larkspur ambulance.

In the second phase, after the new ambulance service contract is signed, Larkspur’s third ambulance will be stationed at the PLVFD station for a minimum eight hours per day during the morning and afternoon, while most of PLVFD volunteers are at work. If neither of Larkspur’s ambulances is available during the other 16 hours of the day, due to having already been dispatched on other calls, Larkspur would request mutual aid from another North Group member through the El Paso County Sheriff’s Office 911 dispatcher.

In the final phase of the proposed agreement, Larkspur will provide an ambulance at the PLVFD station 24 hours per day. If a third paramedic is not available for duty in Palmer Lake, Larkspur will reposition one of its other two paramedics and ambulances at an appropriate station closer to Palmer Lake. Phase 3 requires that PLVFD be able to provide ambulance qualified paramedic support to Larkspur’s ambulance operations in the future.

The Larkspur and PLVFD chiefs will be responsible for administering day-to-day operation of the agreement.

Larkspur Emergency Medical Services Chief Stuart Mills said that Larkspur is receiving another new ambulance in October. He noted there is now a possibility that Larkspur will keep the oldest ambulance rather than selling it as had been planned before Tri-Lakes cancelled the contract with Palmer Lake.

Mills said that the ambulance response time from the main station on Spruce Mountain Road would be seven minutes or less to any part of Palmer Lake, less than the national standard of eight minutes for rural fire departments. Mills said the response time from Larkspur’s Furrow Road station is less than six minutes. "We timed that last week." Allen said, "That’s almost faster than Tri-Lakes Fire Protection District can respond." Parker noted that the repaving of Spruce Mountain Road would improve Larkspur’s service.

Trustee Trish Flake asked if there was any plan to talk to Tri-Lakes about continuing negotiations. Parker said that he had intended to meet with Tri-Lakes Authority Chief Denboske, before Pocock’s letter made it clear that the town had to look elsewhere. Miner reminded Flake that Beckman had met with Jack regarding his concerns in the proposed agreement.

Beckman confirmed that he and PLVFD Assistant Chief Robert Lee met with Jack on Aug. 13 to tell him that the town wanted to renew the ambulance service contract, rather than sign a new agreement that would give Tri-Lakes control over every aspect of Palmer Lake emergency services. "They are two different things." Beckman said the Tri-Lakes demand to have complete control over PLVFD equipment and personnel at any incident in Palmer Lake was "unheard of by any other fire department in someone else’s district." He said he decided a few days later there was nothing else to discuss with Jack about the authority’s emergency services agreement.

Beckman described to the trustees the standard procedure for transfer of incident command at emergency scenes. Beckman said that PLVFD would not accept a contract that would allow Tri-Lakes to order his department to stand down during a Palmer Lake emergency. "It is unheard of, and that is not the way to do business. If there are problems, the town would be liable for all their decisions" and unable to countermand them. Beckman said that Tri-Lakes was trying to slip the agreement "behind every one’s back" by trying to have Parker sign it without his volunteer firefighters "having anything to say about it."

Beckman also noted that Larkspur’s proposal was virtually identical to the cancelled Tri-Lakes’ district contract, and offered several improvements as well. Coleman urged the council to accept the contract with Larkspur, based on his direct observations of their operations as a four-year member of Fire Rehab. Miner, Allen, and Beckman endorsed Coleman’s recommendation.

Parker noted that the Larkspur board was also seeing the proposed ambulance contract for the first time that same evening. He proposed continuing discussion of the Larkspur contract proposal until October so that Beckman and Larkspur Chief Jimmy Bumgarner and the attorneys could finalize the wording. Beckman and Coleman will present the final draft at the workshop on Oct. 5.

Beckman said that Larkspur would begin full-time mutual aid ambulance service for Palmer Lake on Oct. 1 and that the Sheriff’s Office 911 dispatchers would begin dispatching Larkspur, rather than Tri-Lakes.

At the Aug. 10 PLTC meeting, Allen said that the town had not supported hydrant testing in Forest View Estates on July 10 during a periodic Insurance Services Organization (ISO) inspection of Tri-Lakes Fire Protection District. Allen expressed concern that Mayor Parker’s decision not to allow town hydrants to be tested by ISO for maximum flow would cause insurance rates to go up in Forest View Estates.

Contrary to Allen’s statement at that meeting, the ISO testing had been requested by TLFPD, and was not part of a formal 15-year inspection cycle initiated by ISO. Standard periodic inspection notices were not issued by ISO, which explained why Town Water Supervisor Steve Orcutt was unaware of ISO’s plans until 4:30 p.m. the day before the proposed hydrant testing.

Orcutt had recommended to Parker against allowing the testing on that specific day because Orcutt was scheduled to be out of town. Parker said Orcutt had advised him that hydrant operation by personnel other than town staff might impose too high a risk on aging downtown residential water mains. Orcutt was also concerned that all 12 Forest View Estates hydrants might be opened to maximum flow at the same time, creating another expensive muddy water problem similar to the 2005 incident when dechlorinated drinking water was being used to fill Palmer Lake and caused the town water system’s primary groundwater pump to fail.

Parker read a Sept. 14 e-mail from ISO Community Mitigations Services Manager John Coleman to Beckman. The ISO field representative had "discovered some hydrants in the Forest View Road area being supplied by the Palmer Lake water system." He "had not pre-arranged an appointment with Palmer Lake to obtain flow test data for these hydrants. He attempted to contact someone in Palmer Lake late in the day" before the hydrant tests "but at that late hour he wasn’t successful." "Subsequent to his field survey in Tri-Lakes our field rep contacted our Chicago office to obtain the Palmer Lake grading file." Recent flow tests for Forest View Estates showed that the "Palmer Lake water supply to the Forest View area will fulfill Needed Fire Flow requirements in the neighborhood."

Beckman said he had spoken with John Coleman and, contrary to Allen’s conjecture, had confirmed there was no negative impact on the voluntary TFLPD evaluation or Allen’s fire insurance rates.

Allen said, "I was the one who caused this problem" but he had only been concerned about "the town’s ability to fight a fire as best as we possibly can," not his insurance rates. He said he was satisfied with Beckman’s statement. "You, sir, are the expert."

Police: Police Trustee Trudy Finan reported on department training for methamphetamine detection and interdiction. She said that a grant proposal submitted by interim Police Chief Mike Brennan had netted $4,700 for rural law enforcement which was used to purchase kits for breathalyzer tests, latent fingerprints, and drug tests. The department also received a homeland security grant for protective suits. She said there were 142 total calls for service in August, compared to 139 a year earlier.

Buildings: Flake reported that roof repairs on the fire station would begin on Sept. 15.

Water: Water Trustee Jim Girlando reported that three new fire hydrants had been installed as part of the just-completed two-year South Valley project. All the affected residents are now within 500 feet. Girlando reported that the town had saved "hundreds of thousands of dollars" by completing the project slowly with staff rather than letting a more expensive contract for the work.

Awake the Lake Committee: Spokesman Jeff Hulsmann said the committee would present a chart of eight alternatives for lake development at the Oct. 5 council workshop. Applications for $75 memorial pavers can be obtained at O’Malley’s Pub.

Villa liquor license transferred: Gray reported that Nicky’s at the Villa had gone out of business. She said Ted Sexton has proposed taking over Hulsmann’s Villa building to start up an Italian restaurant. Gray asked the council how it wanted to handle the liquor license transfer.

Allen said Sexton’s business partner was a former chef at the Villa. Sexton has another restaurant and liquor license in Old Colorado City.

Gaddis said the liquor license could be transferred to Sexton without a formal Liquor Licensing Authority hearing, because the state has "already determined that he is a fit and proper person to have a license." The council unanimously approved a motion to waive the liquor license hearing and approve Sexton’s request for the transfer.

Senior Forum findings: Maureen Poirier and Chuck Roberts presented a summary of senior services in the community and the findings of the April 29 Tri-Lakes Senior Forum.

Poirier discussed the community-based goals and services provided by the nonprofit Tri-Lakes Health Advocacy Partnership. Roberts said that over 200 people attended the Tri-Lakes Senior Forum to learn of existing available senior services in the region and to identify gaps, summarized in the "Senior Forum Report." The forum has published the "Tri-Lakes Senior Information and Assistance Resource Directory" (also called the "Silver Book"). Electronic copies are available to area residents by e-mail. Electronic copies of the directory are available from: c.roberts@adelphia.net

Some of the most urgent recommendations in the "Senior Forum Report" are:

As a result of the forum, Roberts reported creation of the Tri-Lakes Senior Alliance to see that the forum’s recommendations are carried out in an effective and timely manner.

After a very lengthy technical discussion, the board unanimously approved a resolution stating that the council opposes the proposed November ballot initiative titled "Petitions – Amendment 38."

The council unanimously approved:

The council unanimously approved acceptance of Richard White’s petition for annexation of Lots 1 and 4 of the Pioneer Lookout Subdivision. These lots are on Highway 105 between Davidson Street and McShane Drive. Zoning is proposed to be changed from El Paso County C-1 to Palmer Lake C-2. The two lots will be re-platted into a single lot. White’s petition was referred to the town’s Planning Commission for a public annexation hearing.

Developer Tim Enders asked the council to rescind the town’s current moratorium on new water mains for new developments so that he could propose building 18-21 single family homes on Wilma French’s dog kennel property, next to the Willow Creek townhome development on Highway 105. The emergency Stage II water restriction on new water mains was passed in 2000, along with a total outside watering ban, to protect the town water system’s viability during the severe drought.

There was a lengthy discussion in which the trustees expressed a variety of conflicting opinions. Girlando proposed that he convene a citizen’s water committee meeting to review Enders’ proposal to help determine if it is now appropriate to cancel the water main, meter, and tap restriction. The outdoor watering ban was cancelled earlier this year. Staff had not had time to respond to the late-breaking request with a formal recommendation or studies of long-term water use throughout the town.

Gaddis reminded the council that if it did not provide taps to the parcel, Enders could drill his own well and set up a water district. Gaddis added that the council’s consideration of the moratorium should be separate and independent of Enders’ request. Gray noted that even if the water restriction is lifted, Enders’ proposal would not be approved as proposed because there is currently only a single access to the French property, from Vale Street. A secondary access is required for emergency vehicles.

Developer Tim Shanks asked for clarification on his previously controversial three-lot development south of Shady Lane. There were significant problems with mud slides and erosion on the first two of the steeply sloped lots during heavy summer thunderstorms. Separately, another developer recently proposed construction of a house on stilts on another hillside lot. These occurrences led to the council’s declaration of a building permit moratorium through the end of 2006 so that the town could review and amend its hillside ordinance.

Shanks said that his proposed construction of all three lots was formally approved before the moratorium and that all three lots met all the restrictions of the existing and proposed hillside ordinances. He said he planned to begin construction on the third lot soon and wanted clarification before signing any building contracts.

Gaddis said "I don’t know at this time" without reviewing the drawings and applications. Gaddis said his intuition was that revisions in regulations and ordinances were typically only grandfathered if a building permit had already been issued.

Gaddis said that Shanks would have to wait for the town to make a formal decision on the ordinance revision.

The council went into executive session to discuss a personnel matter at 10:35 p.m. No decisions were made after coming out of executive session.

The preliminary/final plat and preliminary planned development (PD) site plan for Promontory Pointe, a 117-acre parcel north of the intersection of Baptist Road and Gleneagle Drive, was approved by the Monument Board of Trustees (BOT).

Trustees Dave Mertz and Tim Miller were absent.

Tri-Lakes Fire Protection District (TLFPD) President Charlie Pocock requested that the town of Monument act as Tri-Lakes’ agent for collecting all payments under its newly enacted impact fee for new construction within TLFPD. The town will receive 2 percent of the amount collected as a service charge. The fee began on Oct. 1.

The town currently has a similar kind of intergovernmental collection agreement with Baptist Road Rural Transportation Authority for collecting the authority’s traffic impact fee revenue prior to new construction. The town has enacted traffic and drainage impact fees of its own in recent years that were initially controversial.

The rate for the new fee will be $350 per 1,000 square feet. For example, new construction of 2,000 square feet or an addition to an existing building of 2,000 square feet would result in an impact fee of $700. The rate is the same for new commercial or residential construction. There will be no impact fee for construction of a building addition of less than 500 square feet that does not add a dwelling unit.

Mayor Byron Glenn prefaced the evening’s land use hearings with a statement: "Before we start I want to make it publicly known that we as a board have mandated that (Director of Development Services) Tom (Kassawara) and (Principal Planner) Karen (Griffith) to make sure that their architectural and landscape standards are above what they have been in the past. I just wanted to make that known that Tom is not just doing that on his own, that it’s coming from us." Kassawara said, "I’m glad you said that."

Preliminary/final plat: Kassawara noted that there was "very close conformance with the Promontory Pointe sketch plan," previously approved by the board on Jan. 3, with regard to the general layout, adjacencies, densities, lot sizes, and street configurations. The main entrance to the project will be the intersection of Baptist Road and Gleneagle Drive.

Two tracts of land along the southern boundary have also been dedicated to El Paso County for right-of-way for widening Baptist Road.

Kassawara said that Triview Metro District had negotiated to purchase the privately owned 50-foot-wide strip of land that separates Promontory Pointe from Jackson Creek between Baptist Road and the existing east-west utility access road easement. This dirt utility road provides Triview’s access from Saber Creek Drive to the district’s existing water tank on the northeast corner of the Promontory Pointe parcel.

Triview had also negotiated with Homestead HOA President Robert Fisher and Mount Vernon Estates Land Holding LLC owner Ray Marshall to move the previously platted location of the 30-foot trail and utility easement through all the backyards of Promontory Pointe lots along this western boundary to this 50-foot strip. All Triview utilities will also be moved out of these southwestern backyards and into the 50-foot strip.

However, there is no corresponding strip of land between Jackson Creek and Promontory Pointe north of the Triview water tank access road.

The 30-foot trail and utility easement will still go through the rear of all the back yards along the western boundary of Promontory Pointe, from the water tank access road north to the northwest corner of the parcel. This trail and utility easement will remain a part of these lots and the property owners will have to pay taxes on this land, even though the easement will be isolated and unavailable for the owners’ private use. The developer will construct a split-rail fence on both sides of the trail easement and install the trail and landscaping as well as buried utilities under the trail, before any building permits are issued. Triview will perform and pay for all future trail and fence repairs and maintenance in the southern and northern areas. This information will be documented on the plat, site plan, and in the parcel covenants.

Kassawara also noted that the name of the northward extension of Gleneagle Drive is now Old Post Road and had not yet been approved by the Pikes Peak Regional Building Department’s enumerations office. He added that the plat does not currently show the easements for the 17 common driveways for lots on Old Post Road. These common driveways are similar to those that parallel Gleneagle Drive, so that cars do not back out of driveways directly onto the county collector.

Kassawara proposed five conditions for the plat:

1. Right-of-way for Baptist Road shall be dedicated to El Paso County by warranty deed.

2. The name of the main north-south street that connects with Gleneagle Drive shall be approved by the town and the El Paso County enumerations office .

3. All referral comments from other agencies shall be addressed to the satisfaction of the town staff.

4. Technical corrections shall be made to the satisfaction of the town staff.

5. All the easements for the common driveways to be installed along Old Post Road must be added to the plat.

The board elected to hear Kassawara’s presentation on the preliminary PD site plan before opening the hearing for public comment on the plat and site plan.

Preliminary PD site plan: Kassawara noted that the earlier proposed site plans had been modified to create roughly equal lot sizes next to Kingswood lots to the east and Jackson Creek lots to the west.

Builders who submit final PD site plans for individual phases will be required to present, at a minimum, exterior building designs and neighborhood identification signage to the Monument Planning Commission and Board of Trustees for approval. However, plans for the "entrance feature and signage" at the main entrance to the parcel are being designed and constructed by the developer and are part of the preliminary site plan. These entrance plans had not yet been submitted to town staff for review and approval.

Kassawara said that the developer had not yet addressed all referral agency comments, particularly significant concerns expressed by the El Paso County Department of Transportation regarding drainage along the county’s Baptist Road widening project. The county must approve the final drainage plans because of their impact on the Baptist Road widening project.

He proposed four conditions of approval for the preliminary PD site plan:

1. Detailed architectural, specialty pavement, and accent landscaping details for the main entrance of the project must be approved by staff in conjunction with construction plans. Any improvements in the town’s rights-of-way must be approved by the town through a licensing agreement.

2. All referral agency comments shall be addressed to the satisfaction of staff.

3. Approval is subject to final approval of engineering plans by staff.

4. Approval is subject to technical corrections to the satisfaction of staff.

The developer’s planning consultant, Terry Schooler, said that coping with drainage on the parcel had been a challenge and that Triview’s acquisition of the 50-foot strip would allow for better drainage solutions. The deeds for dedicated Baptist Road rights-of-way had already been submitted to town staff. He said the general plans for the entrance feature were shown on the plans and that the specific architect’s plans would be submitted when completed.

Open hearing comments: Robert Fisher, president of the Homestead HOA, spoke in favor of the plat and site plan, thanking Schooler for having numerous meetings with his board and the Triview board regarding discussions on the trail easements.

Mike Wermuth of Kingswood said he was not opposed to the project but was concerned about the application of Triview’s own street standards to the northward extension of Gleneagle Drive. He noted that he had been a streets supervisor in Colorado for 15 years, and noted that Triview’s road standards specify that Old Post Road should "look like Leather Chaps Drive" with the backs of houses next to the collector and no driveways. "The Leather Chaps design provides minimum long-term costs at maximum traffic flow and safety for children."

The developer of Home Place Ranch has always planned for its portion of the northward extension of Gleneagle Drive to be a major collector with an 80-foot right-of-way that meets all county requirements. This category of roadway has not been opposed by the Triview board or Simpson.

Traffic estimates drive major collector request: Wermuth noted that the Home Place Ranch developer’s traffic study, which was reviewed and endorsed by the town’s traffic consultant, projected traffic on Old Post Road to grow to 9,925 trips per day by 2030. Wermuth said the traffic would probably exceed 8,000 trips per day as soon as it extends all the way from Baptist Road to Higby Road. He also said, "The traffic count on Leather Chaps was grossly underestimated and already exceeds 8,000 vehicles per day."

Triview roadway design standards define a major collector’s "characteristics" as:

Old Post Road will connect major county arterial Baptist Road, major county collector Gleneagle Drive, and minor county collector Higby Road. The county’s Major Transportation Corridors Plan and the county’s Major Thoroughfares Task Force call for Old Post Road to be a major collector.

Wermuth said the design of Old Post Road with islands and common driveways are a needless expense and will become a financial burden and maintenance problem for Triview within 20 years. He added that in heavy snow, the Old Post residents would be trapped for a long period by impassable snow blocking these accesses. He noted Triview’s very high debt load and said that the district should not be burdened with the additional costs given its difficult financial situation.

Common driveways are part of the existing design of major collector Gleneagle Drive. They are single-lane "frontage roads" that are parallel to the collector road. They provide paved space where cars can back out of a garage driveway without entering a through traffic lane; cars can then pull into traffic moving forward. There were 17 common driveways, with 34 accesses, on Old Post Road in this latest version of the site plan.

Schooler said that the curvilinear design of Old Post Road was developed after months of discussion with town staff and the design does not "encourage cut-through traffic." He added that the planned widening of Higby Road by the developer of Home Place Ranch and Baptist Road by the county should limit the growth of north-south traffic through the development.

Kassawara said that the Tri-Lakes transportation plan calls for the Gleneagle extension to be a minor collector. The curvilinear design encourages drivers to use other roads.

Town Manager Cathy Green said that the town is "re-doing our road standards" to unify them with Triview’s because the staff and consultants know more now than they did when both standards were written. She asked Wermuth to give her his ideas after the meeting.

Trustee Gail Drumm said that the board did not want driveways on Old Post Road, but he had just counted over 30 common driveway accesses. He called them "a terrible traffic hazard." He said he was also concerned about the costs of snowplowing and irrigating the landscaping of the islands in the center of the residential cul-de-sacs that are now being required by town staff. Drumm asked for Simpson’s opinion.

Simpson said the president of the Triview board had asked him to speak for him at this hearing. Simpson resigned from Triview on Aug. 31 and has accepted a position working for the Promontory Pointe landowner, Ray Marshall.

Simpson said the common driveways would be maintained and plowed under standard Triview contracts. He said he had initially been concerned with maintaining the landscaping and plowing around the islands in the cul-de-sacs, then said, "We’ll deal with them" with a variety of plowing equipment. Triview will maintain the planters between Old Post Road and the 17 common driveways. Simpson also asked that Triview be allowed to participate with the town and the developer in the design of the entry feature because the district would have to maintain it.

Glenn said that cars speed on Leather Chaps because it is wide and straight. Their speed is limited by the curvilinear nature of Gleneagle Drive. He said he was not sure of the need for planters by the common driveways, given the costs of maintenance and irrigation. He asked Kassawara to ensure that:

Trustee Tommie Plank asked why the name Old Post Road was chosen rather than Gleneagle Drive. She said the name change would be an annoyance to drivers. Kassawara said that none of the developers were interested in using the Gleneagle name. Simpson said that the county wanted the name to be different within the town to help screen calls to the county asking for service in Promontory Pointe and Home Place Ranch.

The plat and site plans were approved. Drumm voted against the site plan. An additional condition was added to the plat and site plan to allow staff to approve moving the southwestern trail and utility easements into the 50-foot strip between Promontory Pointe and Jackson Creek, without amending the lot lines, as minor amendments that would not require a vote by the board. Another additional condition was also added to the site plan at Glenn’s request to require narrowed curbs for passive traffic calming at the trail crossings on Old Post Road.

Kassawara noted that town ordinances require the Planning Commission and BOT to review and approve major amendments to a development’s approved PD design guidelines. No specific designs for models to be built in the development had ever been approved, yet many houses had already been built or were under construction.

Richmond Homes had proposed eight models and additional color choices for exterior stucco, stone, and cement lapboard siding to the PD site plan for its Trails End subdivision. Trails End is located on the west side of Old Denver Highway, just south of the Villages at Monument.

Kassawara noted that an option for two of the models contained a combination of stucco and siding and said this is not a common practice in the region. He said that this style should be given separate consideration from the others in the application due to the unique combination of materials. Three others with this combination were under construction. Kassawara proposed no conditions to modify or eliminate the two seemingly controversial options. "It’s up to the board to subjectively determine if these completed houses are compatible."

Drumm said that the combination of stucco and stone on the front elevation with siding on the other elevations "just looks cheap" an