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Concerns raised about potential high school on Wissler property

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Below: An overflow crowd attended the Lewis-Palmer School Board meeting March 16. Board President Jes Raintree is standing. Board members and Superintendent David Dilley are seated at the right. Photo by John Heiser

Below Chris Mikulas, chair of the Save Wissler Ranch group says to the school board, "We want to work with you."

Below: After the ice hockey approval: Bill Anonsen, his son Colin, and School Board President Jes Raintree.

An overflow crowd estimated at more than 300 people attended the Lewis-Palmer District 38 School Board meeting March 16. Many came to protest the potential construction of a high school on a 60-acre portion of Marie Wissler’s 814-acre ranch near Furrow Road and King’s Deer Point. A smaller group came to persuade the school board to add ice hockey and girls’ field hockey to the Lewis-Palmer High School sports program. The board approved the additional sports to loud applause, defended its efforts to acquire the high school site, and did not rule out the use of its power of eminent domain to force Wissler to sell the land.

The hockey and high school site discussions came more than two hours into the meeting. School Board President Jes Raintree responded to objections that the items were placed late in the agenda by saying the board needed to address a number of other topics. Those other topics included:

Seann O’Connor made a presentation highlighting the plans and costs for the two new sports. He estimated the expenses for girls’ field hockey including transportation, coaches, equipment, and officials at $13,550 for the first year and $10,550 per year thereafter. For the ice hockey program, O’Connor estimated the expenses including transportation, equipment, game management, coaches, and rental of ice rink practice time at Soc N’ Roll at $17,730 for the first year and $15,130 per year thereafter. He noted that these amounts assume substantial fundraising by parents and other hockey supporters in the community.

Raintree added that four previous school boards discussed adding ice hockey without making a decision.

In response to a question from Board Treasurer Gail Wilson about whether alcohol and smoking would be allowed at events at Soc N’ Roll, Ray Marshall, one of the owners of Soc N’ Roll, said it would be restricted as part of the agreement with the school. Marshall also agreed to set aside team practice time from 4 to 7 p.m.

O’Connor added that the players’ behavior would be governed by a code of conduct.

District resident Bill Anonsen spoke in favor of the proposal. He said offering ice hockey would add value to the high school experience. In response to a question from Wilson, he said participation would be open to girls and that girls participate on other ice hockey teams.

The board voted unanimously to approve the addition of the two sports for the 2006-07 school year subject to management oversight by the school administration.

Denny Hill and David Porter of Strategic Resources West presented the results of a growth study conducted by the district with representatives of El Paso County, local water and sanitation districts, and the towns of Monument and Palmer Lake. The study projected build-out of the area in 25-50 years. Some of its conclusions (all figures include the Monument Charter Academy):

Hill added that much of the anticipated growth is concentrated along the I-25 corridor. He said growth in the eastern part of the district will be constrained by the lack of water and sewer districts. He said, "The county is currently not interested in rezoning [that area] to higher density."

Hill noted that the criteria for a second high school site include 60 acres or more, availability of nearby water and sewer services, adequate access and roadways, and manageable site slopes. He noted that the district owns a 78-acre site at Highway 83 and Walker Road. The district reportedly purchased that land from the Younger family about 20 years ago for more than $700,000. Hill said that the water and sewer service at the nearby Walden development is not adequate to serve a high school but is sufficient to serve a middle school. He added that access to the site would be limited to using Walker Road, and if a high school were constructed there it could produce a dangerous situation at the intersection of Highway 83 and Walker Road.

Real estate consultant Dale Wheeler reviewed his efforts for the board since 1997 to find suitable land for a second high school. He said that of the many properties considered, the Wissler property is the only one that best meets the criteria.

Speaking as part of the district’s presentation, King’s Deer developer and resident Dan Potter characterized opposition to the Wissler site as "anti-growth and anti-eminent domain." He said the district’s Highway 83 site is not centrally located, and connecting to the Walden utilities would cost $1.5 million. Although he said he does not agree with the Supreme Court’s decision favoring use of eminent domain in the widely publicized New London case, Potter said he supports use of eminent domain in obtaining the Wissler property. Potter displayed a professionally prepared sign saying "Save the Children. Condemn Wissler Ranch." He later said that the sign was a joke. In response to suggestions that obtaining the property through eminent domain would be a protracted process, Potter said, "The district could have possession in a few months." The background for Potter’s remarks includes the county’s use of eminent domain to extend Milam Road north of Shoup Road through Black Forest Regional Park to connect to Potter’s Cathedral Pines development.

Board member Stephen Plank explained the requirement to maintain privacy of contract negotiations. He said that in the negotiations with the Wissler family, Dilley was acting at the direction of the Board.

Plank added that the school district has the power of eminent domain under state statute to obtain land inside the district through condemnation, but it must be based on fairness and equity and that the property owner would receive fair market value for the land.

Dilley, remarking on the outrage over eminent domain, said, "Where is outrage about overcrowding in our high school?" He reported on the sequence of events during the negotiations with the Wissler family and added, "I never heard ‘No means no.’" He finished his presentation by saying, "I am not one bit ashamed of anything I said or wrote."

Raintree added that the goal is to open the second high school by the 2008-09 school year. She said, "There is a child behind every decision I make." She urged district residents to participate through the building accountability and district accountability committees.

The Board heard comments from 23 residents who expressed their opinions about the need for a second high school, where it should be located, and how the property should or should not be obtained. Some of those comments:

Raintree thanked the attendees and announced that the meeting was entering executive session to discuss negotiations regarding the Monument Charter Academy.

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The Lewis-Palmer 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 April 20. The district’s Web site is at www.lewispalmer.org.

Below: Map showing Monument town boundaries (lined area) and BRRTA boundaries (darker areas). The darkest portions are parcels recently included in BRRTA. Photo by Mike Wicklund

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Wal-Mart spokesman Mike Ciletti confirmed his previous press conference statement that the Monument Marketplace Wal-Mart would not voluntarily participate in a proposed Baptist Road Rural Transportation Authority (BRRTA) public improvement fee (PIF) to privately finance improvements to the Baptist Road I-25 interchange. Without Wal-Mart participation, there is insufficient projected PIF revenue from the other retail stores within BRRTA to pay the interest on the authority’s proposed highway construction bonds. BRRTA will now seek a 1 percent sales tax ballot initiative in the November election. County Commissioner Jim Bensberg was absent.

The board unanimously approved all seven invoices that had been submitted since the last meeting Feb. 10. There were two payments totaling $5,692.46 to Grimshaw and Harring for legal services and condemnation litigation, two payments totaling $10,605.59 to R.S. Wells LLC for district management, two payments totaling $11,225.30 for a market analysis and absorption study for the PIF, and a payment of $1,200 to BKD LLP for accounting services.

District Manager Denise Denslow of R.S. Wells asked if the board wanted to seek another exemption for an independent audit. District Attorney Jim Hunsaker said the audit would cost about $3,500. State law allows special districts to file for annual exemptions if their annual expenditures are under $500,000, and BRRTA has gotten an exemption each year since it was created in 1997. Triview Metropolitan District Manager Ron Simpson said, "We have recommended an audit every year because of the way the funds are collected, where they are collected, and how they are managed." Denslow suggested a separate audit for all collections made since 1997.

The board unanimously approved an independent audit for 2005. Denslow said she would solicit audit proposals. The board also unanimously approved having J.W. Simmons perform a separate audit of all impact fees collected since BRRTA was created.

El Paso County Department of Transportation Project Manager Andre Brackin reported that a single bid proposal had been issued to increase construction efficiency for widening Baptist Road and building Struthers Road south of the intersection of Jackson Creek Parkway and Baptist Road.

Work on Baptist Road should start by the end of April, but not until late November for Struthers Road due to Preble’s mouse hibernation restrictions. Both portions are covered by the single construction contract, even though BRRTA and Pikes Peak Rural Transportation Authority (PPRTA) are responsible for Baptist, while the county and PPRTA are responsible for Struthers Road. Some Struthers Road work must be concluded by April 30, the end of the "mouse hibernation" construction window, which increases that portion of the cost. Curb, gutter, and paving will be done after April 30 because those jobs won’t disturb the mouse habitat.

Brackin said the contract proposal consisted of five bid schedules. Six bids were submitted. The county uses the best-value bid process. The low bid was $10,173,995 from Rocky Mountain Materials and Asphalt, which he said also appeared to be the best value. The highest bid was $11,649,000.

The five schedules and their costs in the lowest bid were:

1. Widening Baptist Road to seven lanes between the I-25 ramps and Jackson Creek Parkway; $235,979. Brackin noted that part of this improvement will be financed by funds escrowed by Vision Development as a condition of approval for the Monument Marketplace Home Depot’s certificate of occupancy. However, the town let the Home Depot open in July 2004 without any improvements to Baptist Road when no agreement with U.S. Fish and Wildlife Service could be reached regarding mouse habitat adjacent to the Baptist Road bridge over Jackson Creek. The bridge over I-25 will remain two lanes wide because it is owned by the state rather than BRRTA.

2. Widening Baptist Road to four lanes east of Jackson Creek Parkway to Tari Drive; $6,647,417.

3. Frontage road work from Family of Christ Church to Leather Chaps Drive; $101,188.

4. Struthers road construction (6,000 feet) between the Struthers Ranch development and Baptist Road; $3,039,561.

5. A noise wall on the south side of Baptist Road between Gleneagle Drive and Desiree Drive; $149,850.

Brackin said BRRTA’s engineering costs were about $940,000 and property acquisition costs were about $575,000. All costs were in line with the county’s estimates.

Brackin asked the board for guidance on which of the bid schedules to initiate. The total PPRTA funding that will be available for Baptist Road improvements is $6,944,000 compared to the cost for Baptist Road improvements of $7,134,434, a shortfall of $190,434. PPRTA money available for Struthers Road construction is $2.5 million compared to the cost of $3,039,561, a shortfall of $539,561.

Hunsaker said that PPRTA had paid $900,000 of BRRTA’s costs for engineering and land acquisition, further limiting the funds available for BRRTA’s four bid schedules. BRRTA must reimburse PPRTA for those "cash advances" at some point. BRRTA’s cash balance is currently about $430,000. The Wal-Mart traffic impact fee was about $260,000. Hunsaker added that BRRTA will increase traffic impact fees April 14 and collect more fees as more stores and houses are built.

Brackin suggested options for cost-cutting including elimination of widening east of Leather Chaps or Gleneagle Drive and not building landscaping, curbs, gutters, and sewers on Struthers Road. Brackin added that the cost for the extra left turn lanes that were added at the Jackson Creek Crossing intersection, between Leather Chaps Drive and Jackson Creek Parkway, was not anticipated in the original PPRTA funding. Monument Mayor Byron Glenn noted that the adjacent landowners had agreed to pay for the cost of a traffic signal at that intersection, if one is installed, as a condition of approval for their developments. Brackin said his department would have a formal proposal for project cuts and change orders April 14.

Monument Director of Development Services Tom Kassawara said the Wal-Mart would open in October, Kohl’s construction would begin by the end of March, and Promontory Pointe had been annexed.

Hunsaker reported that all inclusion documents have been signed and were being recorded by the county. A hearing date has not been set for the one condemnation required for right-of-way. The BRRTA appraisal of the land is $39,000, and the appraisal cost is $5,000. Hammers Construction will present its costs at the April 14 meeting for its part in coordinating the engineering and design of the new access on Baptist Road.

Chip King of King and Associates presented his draft market analysis for future economic development for the Tri-Lakes region and potential revenue production for the proposed PIF within BRRTA. Retail square footage will expand from 220,000 square feet to 1.6 million square feet in the next eight years, about 150,000 square feet per year. Monument is in the top three areas of the county for retail growth. The commercial areas studied were Monument Marketplace, Jackson Creek Market Village, Monument Ridge, Jackson Creek Commerce Center, Timbers at Monument, and Village Center at Woodmoor. For a half-cent PIF, King said BRRTA revenue would grow from $503,000 in 2006 to $2,046,000 in 2013, then more gradually to $2,282,000 in 2026. However, these figures assumed Wal-Mart participation, which will not occur.

Mike Ciletti told the board that Wal-Mart would not voluntarily impose a PIF on its customers. "Wal-Mart does not and should not have the right to decide to collect a fee," he said. Glenn noted that Wal-Mart had agreed to collect a 3 percent fee at the county’s hearings when the company was seeking approval for the Baptist Road location. Ciletti replied that the county and Triview Metropolitan District would have been imposing the fee as a condition of approval for the Baptist Road location, not Wal-Mart. He added that Wal-Mart would be happy to collect a sales tax, if one was approved by the voters as a ballot initiative. Glenn told Ciletti, "You’re supposed to be a good community neighbor" and Wal-Mart’s refusal to participate "will cause a fatality" due to severe backups on the Exit 158 off-ramps. Ciletti said there was still no written documentation for the PIF or the sales tax and cautioned Glenn to control his statements on the public record to his company.

There was a lengthy discussion with a representative of BRRTA’s financial advisor, Piper-Jaffrey, about how to finance the I-25 interchange project with tax money instead of the PIF. They discussed what level of sales tax could gain approval, how long the bonds would have to be based on various sales tax rates, and whether the tax should apply to BRRTA, the town of Monument, or both. There was some consensus that the tax should apply only to BRRTA to have a chance of passing. Also, they favored a tax rate that’s high enough to shorten the bond term from 20 years to perhaps as little as 10 years.

County Commissioner Wayne Williams noted that there would be no CDOT funding available for interchange construction until 2010 at the earliest and perhaps no earlier than 2019.

Jackson Creek resident Steve Myer said the public had been badly misled on how Referendum C and TABOR overrides would help improve state roads and that great care must be taken in crafting the sales tax ballot question to avoid voter rejection.

Downtown resident Mike Wicklund said some blame rested with the town for approving too much residential development, particularly through inappropriate annexation decisions that would actually harm the town’s financial future because they lacked any potential for sales tax revenue to pay long-term infrastructure maintenance costs. Noting that Promontory Pointe annexation on Baptist Road is purely residential, he said, "The town seems to be pushing more growth along a road that’s inadequate." Home Place Ranch and Classic’s Baptist Camp annexation requests–now called Sanctuary Point–will also be entirely residential. He continued, "That road’s been bad a long time. I think our local elected officials should look at what it is they’re approving. Why are they annexing property at high density when we might not get a bridge until 2019?" He urged that the bid schedules for widening Baptist Road be executed immediately.

Wicklund asked Williams and other local leaders to intercede with Gov. Bill Owens to move the Baptist Road interchange project higher on CDOT’s priority list. Williams replied, "I wish it were as simple as, ‘Go tell the government we need this.’ " He said the demand for road improvements has and will continue to exceed the state’s budget. "Unfortunately, what happened in this state for about 24 years is we operated on the theory that if we don’t build any more roads, there won’t be any growth. That was a bad theory." The method for financing the private bonds for early improvement of the Baptist Road I-25 interchange was unanimously tabled.

In an interview after the meeting, Wicklund said he disagreed with Williams. "Wayne Williams is our elected official to government. It’s irresponsible if he doesn’t go to the state for the money needed to improve a dangerous situation for his constituents in this county." Wicklund added, "One of the reasons I attended the meeting was to ‘go tell the government we need this’."

County Commissioner Dennis Hisey said that stopping annexations and growth would not solve BRRTA’s immediate need for traffic impact fees to pay its debt to PPRTA. Hunsaker assured the board that the PPRTA payments for BRRTA invoices were legal and appropriate. A motion to pay PPRTA $69,621.33 passed unanimously.

Williams said that a new financing plan by Piper-Jaffrey using sales tax revenue to pay the interest on the construction bonds until CDOT funds were available to pay off the principal would have to be in place before a ballot issue for a 1-cent sales tax within BRRTA could be proposed and approved for the November election. Piper-Jaffrey will not be paid for its work on the PIF under the terms of its contract with BRRTA.

Williams said BRRTA representatives would have to present the new plan to CDOT at a meeting scheduled for April 12. He suggested that the ballot issue proposal needed to be ready for consideration at the May meeting.

The meeting adjourned at 4:35 p.m. The next scheduled BRRTA meeting will be held at 2:30 p.m. April 14 at the county office building, 27 E. Vermijo in downtown Colorado Springs.

Baptist and Struthers Road construction contract awarded

The Board of County Commissioners announced Mar. 30 that a construction contract had been awarded to Rocky Mountain Asphalt, Inc. for widening two miles of Baptist Road to four lanes. The contract also includes new construction of four lanes that will connect the existing four-lane portion of Struthers Road, north of Northgate Road, to the intersection of Baptist and Jackson Creek Parkway.

The approved contract total is $10,703,996. The Pikes Peak Rural Transportation Authority (PPRTA) portion is $9,408,000. Approximately $500,000 will come from the Baptist Road Rural Transportation Authority (BRRTA). The rest will be provided through agreements with developers building nearby projects within Monument. This total amount does not include the costs for right-of-way purchases using PPRTA, BRRTA, and El Paso County funds.

As Baptist Road is widened, incidental construction will also occur on Leather Chaps, Gleneagle, Kingswood and Desiree Drives. Struthers Road will become a four-lane urban minor arterial connecting Baptist and Northgate Roads. The existing two-lane Struthers frontage road adjacent to I-25 on both sides of Baptist Road will be abandoned.

Construction is expected to begin in April at the intersection of Baptist Road and Jackson Creek Parkway. This first phase will move east to approximately Tari Drive.

"El Paso County has been working to obtain funding for improvements to these roads for nearly a decade. Three years ago, these improvements were listed as top priorities by the citizens on our Highway Advisory Commission and by the Board of County Commissioners. They are county projects, but we are fortunate to have funds available through the Pikes Peak Rural Transportation Authority to get these roads improved and built to accommodate the current and future needs of the residents," said Commissioner Wayne Williams.

At the Palmer Lake Town Council Workshop Trustees Gary Coleman and Chuck Cornell angrily denounced Rancho Irecema Subdivision developer Al Fritts and his request to subdivide the 27-acre Inn at Palmer Divide lot into two roughly equal size lots. Fritts said he was making the request for a plat amendment in response to a suggestion by the Small Business Administration and his bank.

The council also discussed three new business license requests, town construction of a parking lot opposite O’Malley’s Pub, a name change for Frontier Lane to Circle Road, and two requests for downtown vacations and replats. Trustee Trudy Finan was absent.

Chuck Roberts of the Tri-Lakes Health Advocacy Partnership announced his organization and the Pikes Peak Area Agency on Aging would host the Tri-Lakes Senior Forum from 8 a.m. to noon April 29 at Lewis-Palmer Middle School. The forum is designed for senior citizens in the area to identify issues that are and are not being addressed and for area senior services providers to discuss what they can offer to seniors as well as to seek better coordination of their efforts. A comprehensive report containing forum results and recommendations will be compiled and distributed by the sponsors to local government and community leaders and other interested parties. Roberts invited the trustees and staff to endorse, promote, and attend the forum. He also asked that fliers and posters be displayed at Town Hall. Mayor Nikki McDonald endorsed the forum for the council. Trustee Trish Flake said she would lead the town’s efforts to promote the forum.

The council unanimously approved Tim Tracey’s request for renewal of the town’s annual agreement with the Palmer Lake Sports Riders for moto-cross biking activities at its park on County Line Road. The club’s annual fee to the town is $180.

The council unanimously approved three new business licenses as consent calendar items for the March 9 regular council meeting. Each owner was present to respond to any questions from trustees:

Burlage and Bouard were excused from attendance at the March 9 meeting. Cornell chaired the meeting while McDonald recused herself to answer questions about her new business license. The same procedure was followed at the regular meeting.

Deanna Bass was represented by Trustee Coleman, who operates a surveying company. Bass owns lots 16 and 17 at Hoover Lane and Truman Avenue in Section E of Cherry Hills. Bass also owns the irregularly shaped Glen Park Block 44 Lot 16 on the northwest corner of her Cherry Hills lot 16. Bass was asking that 75 percent of the platted area for a future access road to her Glen Park lot be vacated, with the rest of the right-of-way converted to an electric utility easement. This replat would allow the other two narrow lots to be widened to allow construction that could more easily comply with the town’s side setback restrictions. Actual width for the two replatted lots would increase from 43 to 50 feet. There were no objections from the other trustees and Bass’ request was placed on the consent calendar for March 9.

Tom Day, Jeff Houchin, and Carrie Block asked that the platted west end of Clio Avenue and north end of El Moro Avenue be vacated behind the five replatted Elliot’s Corner lots with frontages on Corso and Buena Vista avenues. These sections of platted roadway were never built. The owners had installed a sewer line and discovered an abandoned water line to a demolished house within this platted roadway. Town Clerk Della Gray suggested that the documentation for the sewer easement and abandoned water line be reviewed by Town Attorney Larry Gaddis. The owners were asked to return March 9 in case any other questions were raised.

The council discussed elimination of one cottonwood and several scrub oak trees along the east side of State Highway 105, between O’Malley’s Pub and the Depot Restaurant. The town had marked the trees and posted notices of the removal plan. Clearing of the trees and construction of the parking lot is part of the town’s 2001 Cityscape Plan. This new lot will eliminate the long-ignored state requirement for parallel parking on the east side of the highway, allow parked cars to be moved off the side of the highway, and make that stretch of roadway more user-friendly for pedestrians and bicyclists.

Rock House owner Jeannine Engel asked how big the parking lot would be and if it would look nice. Roads Supervisor Bob Radosevich said the gravel lot would extend from Pie Corner to Primrose Street and grow to the east over time as more fill dirt becomes available to extend the graded parking plateau. New landscaping and shade trees will be added as a visual screen between the cars and the highway. He added that he would seek a CDOT grant to improve the lot. Flake said new trees would be planted in the lot on Arbor Day. Lighting will be evaluated in the future.

Burlage asked if the gravel would be the final grading material. Radosevich noted that crushed asphalt shavings could be added over time if and when any become available from state and county road improvement projects, and if the town can afford to have the material delivered by truck to the park. Permanent asphalt paving is too expensive for the foreseeable future.

Roads Trustee Max Parker reported that certified letters had been sent to the four property owners who would be affected by a street name change from Frontier Lane to Circle Road. Only homeowner George Winnick had responded, asking that the change be delayed a year while he tries to sell his house. He said all the paperwork and advertising he had already paid for would have to be changed. Parker said he would make an appointment to meet with Winnick to discuss the issue. The item was continued by consensus.

Web Site Exclusive: Below: Main building will be finished before three bedroom buildings as construction proceeds at Inn at Palmer Divide.

Background: Developer Al Fritts has encountered a number of difficulties while developing the Rancho Irecema Subdivision, located between State Highway 105 and the railroad tracks, south of downtown Palmer Lake. Before development, the subdivision was zoned R1E, rural estate (2.5-acre minimum.) The current town zoning for the subdivision is Planned Unit Development (PUD).

Town approvals of the Mission Training International (MTI) development and the adjacent Inn at Palmer Divide projects have been difficult and controversial for Fritts. While he has eventually gained approval for several of his requested amendments to the plat, site plan, and PUD agreement with the town for both properties over the past seven years, each approval has typically taken several months with a majority rather than a unanimous vote by the Planning Commission and the Town Council.

Amendments considered prior to the subdivision request on March 2 were:

Adjacent property owners Chuck and Denise Cornell and Gary Coleman have been fighting each Fritts proposal, citing issues concerning the well, town water tap, traffic congestion and noise, potential helicopter noise, light pollution, and drainage. The Cornells live directly across State Highway 105 from the MTI and Inn at Palmer Divide developments. Coleman lives next to the MTI lot, on the northwest side. The Inn is adjacent to MTI to the southeast. These three neighbors have requested additional reviews of his various proposals by the state and county, as well as the town’s Planning Commission or Board of Adjustment before council decisions on each proposal. They have said that all of Fritts’ proposals were major changes under the PUD zoning ordinances, resulting in months of delay during each public hearing cycle.

Initially Coleman and the Cornells did not hold public office and opposed all of the proposals for Fritts’ subdivision as adjacent property owners. Chuck Cornell was elected as a trustee four years ago. Denise Cornell has been a Planning Commissioner for about two years. Coleman was a Planning Commissioner before being elected a trustee two years ago. As town officials they have continued to oppose Fritts’ requests and have asked for additional reviews and delays of each.

Town Attorneys Larry Gaddis and Jim Kin have not given a legal opinion on whether the Cornells and Coleman should be required to recuse themselves because of their direct financial involvement as adjacent property owners.

Subdivision amendment proposal: In his letter of Dec. 14, 2005, to the town, Fritts requested that the PUD plat and agreement for the Inn be amended by a subdivision into two roughly triangular lots. Nothing could be built on the vacant 13-acre lot without review and approval by the Planning Commission and Town Council under the unchanged PUD zoning.

All the approved Inn buildings and exterior facilities would be constructed on the proposed 14.12-acre lot, to include the existing approved access road and highway sign. The five Inn buildings are planned to be completed this year without any proposed changes.

The currently approved location for the detention pond for the entire 27 acres lies entirely within the proposed 13-acre lot south of the existing access road to the Inn, just behind the existing berm along the highway. If the proposed 13-acre lot were to be developed in the future, its primary access would have to intersect the Inn’s driveway, since the state would allow no additional curb cuts along Highway 105 between the closely spaced MTI access and Red Rock Ranch Road. If developed, the lot’s primary access would have to run through the currently approved detention pond location. Regrading of the lot to reposition the detention pond would be a major change requiring both Planning Commission and Town Council public hearings.

The replat proposal was reviewed by the Palmer Lake Planning Commission at its workshop Feb. 8, then narrowly approved (3-2) at its regular meeting Feb. 15, after Commissioner Denise Cornell’s motion to disapprove the replat failed (2-3). A condition of the majority approval was that the Town Council would "receive more information on the detention pond, access to the divided parcel, easements for detention pond and sewer line along with water availability for the divided parcel." The commissioners also discussed whether the proposed replat into two lots should be delayed until Fritts actually needed an additional financing option.

Discussion: Fritts said the subdivision of Lot 4 into two lots was suggested by both the SBA and Fritts’ long-term lender. It would allow the developer to obtain clear separate title to the 13-acre lot so that it would not become collateral for the SBA loan or the bank’s permanent financing. The separated 13-acre lot would provide a potential secondary source of future capital to better ensure the viability of the Inn project if financing difficulties are encountered. No changes to the previously approved plat or any of the numerous site plan drawings, other than adding a line to divide the parcel into two separate lots, have been proposed.

Chuck Cornell interrupted Fritts’ presentation to say there had been a procedural error at the Planning Commission. "I’m sure of it, Nikki, I am absolutely sure that you cannot have two motions on the same thing on the same night – a procedural error. We need to have legal representation at those meetings. This is more than one occasion that things have gone wrong there at the Planning Commission." McDonald replied that there is no such rule.

Fritts noted that Kin had said at the Planning Commission Workshop on Feb. 8 that "there was no legal reason why this request should not be approved." The trustees were hesitant to move forward because of Cornell’s claim, however, even though McDonald concurred with Fritts and said there was no change to the proposed development master plan other than a line for the subdivision into lots on a drawing. She agreed with Fritts that it was not a major change to the PUD master plan and reminded the trustees that the proposal had been narrowly approved by the Planning Commission.

Coleman said Fritts would not need to replat unless he had plans to sell the lot, "That’s what it appears to be to me." Cornell said, "Any reasonable person would make that assumption." Fritts said, "We don’t know exactly what we’re going to do with that property." He reiterated that the reason "for subdividing is to give us flexibility in making sure we are successful" in completing the Inn. He offered to provide copies of the letter from the SBA and the letter from the bank’s representative recommending the subdivision at the regular council meeting on March 9. Cornell replied that he should do so.

Fritts added that he had told the Planning Commission that 12 to 14 people have approached him to buy the 13-acre lot, but he had made no decision to sell it. Even if the lot were sold, the new owners of that lot would have to gain approval under the current PUD agreement from the town for any development plans.

Coleman said the lot would have no legal access and Fritts should have to create a special water district for the Rancho Irecema Subdivision, as well as provide a plan for road and infrastructure maintenance for the 13-acre lot. Coleman said CDOT did not approve the access on Highway 105 for Fritts’ proposed additional use and was not aware that Lot 4 "would be cut in half." He complained that Fritts would "take out the few remaining trees that the people of Palmer Lake enjoy when they drive by."

Fritts replied that a primary access could be provided from the existing Inn access road, and a secondary access could be provided from the Inn at the rear of the two lots though neither access was being requested at this time. He said the MTI well has more than enough adjudicated water production capacity (40 acre-feet per year) for the entire Rancho Irecema development. All other required utilities are already available within the development as well.

Noting again that he owned a surveying business, Coleman added that he would "be laughed out of the room" if he submitted a plat to Colorado Springs or the county like the one Fritts had proposed. Cornell said, "This needs to go back to the Planning Commission."

McDonald reiterated that "Kin did say that we have no legal recourse to deny" Fritts’ subdivision request and that the master plan could be changed after a future review of any new development proposal by the town. Parker suggested getting Kin’s or Gaddis’s legal advice before the hearing March 9.

Fritts read aloud the town ordinance’s list of conditions that define what constitutes a major change in a PUD master plan and showed, one by one, that none applies to his request.

Referring to eliminating the 13-acre portion of Lot 4 from collateralization, Coleman said, "You can do that by writing a legal description. I’ve done it many times. I’ve seen it done many times." Fritts replied, "I’m not asking for that" because he wanted clearly separated title to each of the two proposed lots. Cornell said, "You’re just trying to do an end-around so you can get a piece of property up for sale. We know what your little game is here, guy."

McDonald noted that if the new lot were sold in the future, the council would still review any proposals by the new owner under the existing PUD agreement. She told Fritts she didn’t want to see the Inn fail due to lack of financial leverage, but also felt that any proposal for townhomes or patio homes on the 13-acre lots "would be atrocious." Cornell said, "If you had a good business plan, this wouldn’t even be a question. This has been a questionable plan from day one." Coleman added, "For years and years we’ve been told this would all be built at once" and now it’s a subdivided phased project that has to have a new master plan approved prior to replat. Fritts said the construction would be completed in October, about four weeks behind schedule.

After further heated arguments between McDonald, Coleman, and Cornell, the mayor abruptly concluded the discussion after saying the council needed legal advice on this matter before the regular council meeting March 9. When Coleman and Cornell attempted to continue their arguments with her, she abruptly adjourned the workshop meeting at 8:15 p.m.

After a replay of the arguments made at the March 2 Palmer Lake Town Council Workshop about dividing the 27-acre Inn at Palmer Divide lot into two parts, Al Fritts’ request for a subdivision was continued until next month. Trustee Jim Girlando was absent.

The council met first as the Palmer Lake Liquor Licensing Authority and approved three temporary liquor licenses for:

Phillips also asked for a single temporary "arts license" for the center for the whole year to cover all the one-day musical events and art show openings. The town ordinance restricts the number of temporary licenses for one organization to 10 per year, but the center has musical events each month. The arts license would only apply to specific events, not for year-round bar operations. Town Attorney Larry Gaddis noted that the arts license would technically allow the center to have a concert every night of the year. Phillips said the center would continue to have only one or two events per month. After further discussion, the trustees agreed to waive the community survey normally required for an arts license application

Consent items approved after discussion: Parks and Recreation Trustee Trish Flake asked about gaps in the listing of check numbers on the "Payment of Bills Report." Town Clerk Della Gray noted that there were some voided checks and two sets of payroll checks for town staff that she had not listed. She added that payroll checks are prepared by Town Water Clerk Tara Berreth using a separate module of the town’s financial software. They are not payments made by the town clerk and are not reviewed or approved by the council.

Gaddis said the council would only be approving the specific bill payments on Gray’s list. He added that Flake could review the payroll records at the town offices.

Gray said she would coordinate with Berreth and make a note in future lists of bill payment checks that specifies which check numbers were voided or used for payroll. Mayor Nikki McDonald noted that the auditor checks the town’s records and has not found any problems.

The council unanimously approved the following consent items: the council minutes for Feb. 9; payment of bills; new business licenses for Circle B Farm & Ranch Supply, LLC and European Craftsmanship; and a renewal of the annual contract for Palmer Lake Sports Riders Club to rent the town park on County Line Road. McDonald momentarily recused herself on the consent item for her new business license for McDonald Enterprises, a catering business, which was also approved.

Fire Trustee Gary Coleman reported 20 Palmer Lake Volunteer Fire Department (PLVFD) calls in February: seven fire, seven medical, three wildland, one traffic accident, one public contact, and one other; eight of these were mutual aid. Coleman also reported that Chief Phillip Beckman had led six volunteers on a very serious all-night structure fire in Black Forest on a Friday night, and then returned, without sleep, to the station to conduct training all day.

The Colorado State Forest Service inspected its tender engine that is on permanent lease to PLVFD and said they were pleased with the quality of maintenance provided by the firefighters.

Coleman also read the monthly reminder to place house numbers where they can be seen from the road and use colors that contrast with the background. While smoke may help firefighters find structure fires even if no house numbers are visible, most PLVFD dispatches are medical calls. When Highway 105 resident Marilyn Burlage asked for more information about home address signs, Coleman noted that the primary problem area is the heavily wooded Glen district, where many houses can’t be seen from the street. He advised that the house number be posted right next to the driveway.

Water Trustee Chuck Cornell reported that a software glitch had resulted in double billing for February and advised town water customers that they didn’t need to pay twice to maintain their good credit standing. Anyone who has paid twice will receive a credit for the overpayment.

Tributary water consumption for February was 3,004,350 gallons. No well water was supplied, therefore there were no wastewater credits. No water taps have been sold since November.

Police Trustee Trudy Finan reported February’s statistics: 102 calls for service, one custody arrest, 13 cases, 38 traffic citations, 23 traffic/dog warnings, and four dog citations. There were 17 calls supporting the Monument Police Department and 18 calls supporting other county and town departments.

Ads for the police chief position have been published. Chief Dale Smith will retire July 1. The goal is to have the new chief start work by June 1 and work with Smith for one month.

The trustees approved the new job description for the chief’s position. Finan said that the chief’s job is a "working police position," where the chief is expected to be out in the community, rather than a desk job.

Finan also reported that Officer Nikki Tezak would return to duty March 14 after recovering from a knee injury she sustained during a mutual aid pursuit Jan. 12. The fugitive hit her with his car before he was shot and arrested by another officer.

Chuck Roberts of the Tri-Lakes Health Advocacy Partnership repeated the announcement he made March 2 about his organization and the Pikes Peak Area Agency on Aging hosting the Tri-Lakes Senior Forum 8 a.m. to noon April 29 at Lewis-Palmer Middle School.

Darryl Lundquist and Rogers Davis of the Palmer Lake Historical Society announced that their organization would be donating a statue to commemorate the 50th anniversary of the society, the 25th anniversary of the Vaile Museum, and the volunteer spirit of public service among town residents who built the town star in 1935, under the leadership of Bert Sloan and B.E. Jack.

The bronze statue of Sloan’s helpful dog, "Dizzy Dean," by local artist Donna Arndt will be displayed in front of Town Hall. Dizzy carried tools and supplies from one group of volunteers to another in a small pack Sloan made for him.

Davis asked the council to support the effort by providing a base for the statue and a plaque describing the efforts of Sloan, Jack, and "Dizzy Dean." Roads Supervisor Bob Radosevich summarized Davis’ request saying, "We need a rock?" Parker agreed to help coordinate the acquisition of this "rock" and plaque for the council.

Parks and Recreation Trustee Flake noted that the Fit for Fun exercise classes (yoga and belly-dancing) Tuesday and Wednesday mornings in Town Hall have been successful and still cost only $7 for each session. Parker asked Flake to make sure the presenters had Palmer Lake business licenses.

Flake reminded the trustees of the Easter egg hunt at 10:30 a.m. April 15 at Town Hall. It’s being organized by Eileen Facinelli. The fishing derby will be held June 3. Chuck Pyle will perform at the Columbine Festival on June 10.

McDonald announced that there would be seven candidates for five trustee seats and two candidates for mayor in the Apr. 4 election. She is not running for re-election. Coleman has completed only two years of his four-year term. The candidates for mayor are Kim Makower and Max Parker. Running for trustee are Richard Allen, Carol DeBlois, Kay DeBlois, Trudy Finan, Trish Flake, Jim Girlando, and Susan Miner.

McDonald also spoke about the half-cent sales tax ballot issues. She said that the police and fire departments have been "under-budgeted for as long as I’ve lived in this town," and the town "won’t ever be able to fund the departments the way they need to be." Finan said that if the two tax initiatives were approved, both departments might be able to provide 24-hour coverage.

Awake the Lake committee member Jeff Hulsmann asked if the town’s insurance policy could cover the fishing derby. Gaddis said the town policy should cover the event.

Hulsmann noted that engraved pavers for the memorial park at Palmer Lake are being sold for $75 each to raise money for the town’s officially sanctioned Awake the Lake committee. He also announced the sale of red, white, and blue wrist bands as a new fund-raising device for the annual fireworks display.

Hulsmann asked for permission for committee volunteers to stuff notices for these fund-raisers in town water bills and it was granted unanimously. A motion to purchase a paver for the council also passed unanimously.

The council held the third and final open hearing on removing a cottonwood and some scrub oak trees on the east side of State Highway 105 in Centennial Park for a town parking lot. No one opposed the tree removal at any of the three hearings. It was unanimously approved.

Flake said the new lot is called for in the town’s cityscape plan, a part of the town’s 2001 comprehensive plan. Resident Bill Fisher suggested that the grade of the new parking lot be lowered 4 feet so it would not impede motorists’ views of the lake, that the lot be screened with landscaping, and that a sidewalk also be installed along Highway 105 to create a safe and appealing pedestrian zone. Lowering the lot might require less dirt work, making it cheaper and easier. He also asked about handicapped access.

Roads Supervisor Bob Radosevich said the streetscape plan didn’t call for lowering the grade, but it could be part of the project. McDonald replied that former Parks Trustee Cindy Allen was also concerned about handicapped access. Flake asked Fisher to volunteer for a citizens’ committee to review the design of the parking lot; he agreed to participate.

Parker noted that he had not yet met with property owner George Winnick, who had asked that the proposed name change to Circle Road be postponed until he can sell his house. Parker’s motion to table the issue until he meets with Winnick passed unanimously.

Finan reported that Radosevich and Smith had met with CDOT to request a change in the prohibition of angle or perpendicular parking. She said CDOT Transportation Director Bob Torres had not completed his internal review of the town’s request to determine if angle parking would be safe and equitable for all the businesses on the highway. There will be no CDOT hearing on the town’s request. Finan added that removing or changing the existing parallel parking signs or eliminating parking across the highway from O’Malley’s pub is a state decision. "It’s not our land, our road, or our signs."

Coleman, representing owner Dee Bass, gave a presentation similar to the one he gave at the Mar. 2 workshop. The access road to one of Bass’ three lots has never been built by the town. Bass asked that she be able to combine the three lots and vacated access road into two 50-foot-wide lots to make it easier to meet side setback requirements for constructing two houses. (See workshop article for the details.)

April Wolfe said she had recently purchased the two adjacent lots to the south. She said she thought Bass’ lots were too narrow for construction of two houses, according to the neighborhood’s covenants. Wolfe asked for information about the town’s role in reviewing Bass’ request. Gaddis said the town’s only role is to determine that the Bass request meets the town’s zoning law, not covenant enforcement. After a discussion by Coleman and Gray informing Wolf of the details of the Bass proposal, Gaddis gave Wolfe his copy of Coleman’s plat drawings for her reference.

Gray asked for a condition to the vacation ordinance for the vacated town access roadway. She asked that the ordinance be amended with documentation that 25 percent of the town’s vacated access road would become the new electrical utility easement. Two separate motions for the amended ordinance vacating the town’s access road and for the replat of Bass’ lots passed unanimously. Coleman recused himself from the votes.

Gray and Gaddis noted that the vacation of Clio Avenue to enlarge the rear portions of the five replatted Elliott’s Corner lots would be granted to Tom Day, Jeff Houchin, and Carrie Block on the condition that they agree to convey a town easement for utilities in a portion of the vacated roadway. The three owners approved the easement, which won’t interfere with proposed construction on the five lots. The council unanimously approved a resolution allowing McDonald to sign a deed that conveyed the town’s roadway. The ordinances vacating Clio Avenue with the easement condition and approving the amended replat showing the new easement were unanimously approved. (See workshop article for more details.)

Discussion: Developer Al Fritts requested a subdivision amendment for the 27-acre Inn at Palmer Divide property. The Inn would be on a 14.12-acre lot. A separate 13-acre vacant lot would be created to the south. He reiterated his position that the proposed subdivision was being asked for only at the request of the Small Business Administration (SBA) and his long-term lender.

Fritts said there were no changes in the request he had presented at the March 2 workshop, or additional requests.

McDonald asked Gaddis if the town could require a condition of approval that Fritts build the detention pond before the Inn is completed. Gaddis said the condition was not necessary because the pond would have to be completed and inspected before a certificate of occupancy would be issued. Fritts said his consultant engineer was preparing revised drawings for a relocated drainage pond, and he would provide the update to the town as soon as they are completed.

Finan, who was absent at the March 2 hearing, asked Fritts to explain his plans for the 13-acre lot. Fritts said the "goal is not to develop or sell it" but to "keep our options open for the success of the current project." He passed out copies of the SBA and bank letters that Cornell had requested March 2.

Coleman reiterated the arguments he had made against the subdivision replat March 2, saying only a change in the legal description would be required. He then said that "the town was not ready to create a new building site," that Fritts would probably sell it to a non-profit entity, which would prevent the town from being able to gain any real estate or sales tax revenue, and that the town should know who would be buying the lot before the town approved a replat. He said that Fritts should have provided a master plan "a long time ago," that no plan for lighting or landscaping had been reviewed by the council, and that more information was required regarding lighting and water plans before the council could make a decision.

Fritts read the letter of Dec. 16 from his bank, Banker’s Commercial Mortgage. The bank’s letter also requested the subdivision and replat that had previously been requested in the SBA’s letter of Dec. 13. The bank’s letter asked that the recommended subdivision be completed before the SBA provides a second loan on the Inn.

Fritts said the landscaping and lighting plans, as well as the deceleration lane required by CDOT, had already been approved as part of the original PUD master plan for the Inn, and the master plan had not been changed since then. He noted that there were two potential accesses to the proposed 13-acre lot–one from the main driveway to the Inn and another from the roadway at the rear of the Inn, both of which are already part of the approved PUD master plan. A CDOT review was unneccessary because the 13 acres would remain vacant, Fritts said. The Inn has purchased the rights to 40 acre-feet of water per year from the Mission Training International (MTI) well. Fritts added that there has been no request to change the PUD zoning, which would require a new owner to propose any development for review and approval by the town’s Planning Commission and Town Council.

Cornell said the town had never received a lighting plan. Fritts said the lighting plan had already been approved and the lighting for the Inn was being installed in accordance with that town-approved plan. Cornell listed the history of the site’s development including all the changes Fritts had requested. After that, Cornell said, "This is all about zoning and has been all along; this thing started as a residential lot. This man came along and decided he needed to put a business in there and ever since then it has morphed into a monster that never, ever stops. The PUD was for the town to get control of this project, and if you read this timeline he just keeps coming back for more and more and more. The promise given to every resident in that area was this would be just a bed and breakfast, a small project with a lot of open space, and that open space just keeps going away and going away and going away." Cornell added that if the subdivision grant is requested, "You’re giving him the right to sell off the land to anyone who comes along with the money, and I believe there’s already somebody out there with the money. This has gone far enough." He concluded, "If he doesn’t have the financing to finish it, let someone else come along who can do it. I say let it die."

Coleman added a comment on CDOT reviews: "We were led to believe that everyone would come into MTI on buses" but the parking lot is overcrowded on the weekends and people park illegally on the access road. He said the town had already granted enough of Fritts’ requests over the past five years and shouldn’t permit the replat without more information. "Tell us who your buyer is and then we’ll consider the situation." Coleman said the proposed subdivision requires Fritts to submit a completely new set of drawings.

Fritts said the original proposal was a 25-room conference center he had described as a bed and breakfast to indicate that breakfast would be served to the guests. Three guest houses were added to the main Inn building in an expansion to 39 rooms as the sole change from the original proposal in 1999 as a condition of obtaining financing. Fritts said the town has already received every supporting document needed for the construction that is under way.

Fritts’ attorney Ken Gray said there were no plans to sell the 13-acre parcel to either a profit or nonprofit entity and that Cornell’s and Coleman’s claims were pure speculation and not a matter the council could consider as a condition for the requested subdivision.

The town would lose no oversight over the new lot–or the Inn–if either is sold, Ken Gray said. He called Cornell’s demands for future development plans for the vacant lot a "Catch-22" and said there are no concerns about CDOT, water, hillside, drainage, lighting, or zoning for the council to evaluate because there are no plans to develop or sell the 13-acre lot. He reminded Cornell and Coleman that Fritts had not thought of the subdivision on his own but that it had been requested by the SBA. Coleman said the SBA took too long to request the change.

McDonald asked why the issue had come up after construction had re-started. Ken Gray said construction loans were obtained before final long-term lending negotiations were initiated a few months ago. Final costs had to be determined before arranging a mortgage. Cornell said, "I’ve never heard of such a thing."

Ken Gray reiterated that short-term construction and long-term mortgage lenders have different interests and timelines, and Fritts was working for long-term financial viability as requested by his bank and the SBA.

Fritts noted that Town Attorney Jim Kin had said at the Planning Commission Workshop Feb. 8 that the town could cite no legal reason to refuse his request for subdivision. Fritts also said the town would have no say if he chose to sell the 13-acre lot because it is private property.

Gaddis concurred and said it is up to any potential buyer of a PUD lot to know what the master plan for the lot requires before buying it. "There is no change in the development master plan if you draw this line," Gaddis said, referring to the proposed lot line that would split the 27-acre lot.

Ken Gray said that all the issues being raised by Coleman and Cornell were pure conjecture because there is no plan to sell the land. Cornell said, "That is pure conjecture on your part" because Fritts had "come to the town and told the town that they have to do whatever he wants because he’s already bought it. I know how that scenario plays out." Ken Gray replied that Fritts was not telling the town what to do.

Coleman said that an entrance road to the vacant lot would be an illegal cul-de-sac longer than 500 feet. Fritts said it would not be a cul-de-sac because any new access road would connect with the Inn access road at the front and the rear of the property to make a loop road with dual accesses for both proposed lots.

Former Planning Commissioner Jan Bristol asked that the council "take another look at that lighting approval." She said she thought some lights should have been at ground level rather than on 14-foot poles, but could not recall what had actually been approved. Regarding Fritts’ landscaping plan, she said, "We approved something."

Bristol also said, "I do believe that lenders get nervous when they’re lending money with a lot of open land." She added, "I don’t know why we couldn’t talk to the SBA and explain to them that because of the nature of the PUD the land has to stay intact in a 27-acre parcel."

Bristol asked if the Inn’s detention pond would be moved. Fritts had indicated at the March 2 workshop meeting that the primary access to the vacant lot would be through the area where the detention pond for the entire 27-acre lot had been originally planned. He said that he was studying where the pond could be relocated, if necessary.

Bristol said she didn’t know whether an amendment to the PUD was required before the town would permit the sale of the 13-acre lot. She added that if the vacant lot were sold, "It would compromise the standard of living out here."

Ken Gray said, "There is no secret buyer" and the town can enforce the master plan and all the restrictions that already apply to the entire parcel. Coleman said, "The Planning Commission vote was only 3-2, and one of the parties that voted for it is on the sanitation board, and would actually make money if the lot was subdivided."

After further lengthy discussion among the trustees, Cornell reiterated that the SBA could be satisfied without a subdivision of the 27-acre parcel. Fritts said Cornell was attempting to deny him the financial leverage he, the bank, and the SBA needed to help the Inn project succeed.

Parker said he didn’t think he had enough information to make a decision and that other commissioners had not reviewed the master plan or site plan documents. Fritts and Ken Gray replied that they had provided all the information sought by the Planning Commission, and all the project documentation was in the town office building for trustee review. Ken Gray said, "If the lending wasn’t in play, we wouldn’t be here" and that Fritts should not be required to get a transportation plan or negotiate easements for an access road, water, and drainage utilities for the 13-acre vacant lot because he had no intention to develop it at this time.

Cornell interrupted Ken Gray to say, "Are you saying that the Small Business Administration should not be satisfied by just writing a legal description?" As Fritts tried to respond, Cornell interrupted again and Fritts said, "If you would let me respond to your question?" He then said that the legal description proposal would not give him clear title to the 13-acre lot. The subdivision proposal "