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Wescott FPD donates pumper to hurricane ravaged Louisana department

Below: Donald Wescott Fire Protection District donated its spare rescue pumper truck to the Henry Volunteer Fire Department in Louisiana to help replace those lost during Hurricane Katrina. Wescott Chief Jeff Edwards (left) discusses plans for the trip with American Medical Response (AMR) Paramedic Eric Miller and Wescott Captain Scott Ridings, who drove the engine to Louisiana. The two left on Apr. 14 and arrived at the Henry station on Easter Sunday. Ridings said the Henry firefighters were astounded by the excellent condition of the engine and the full complement of installed equipment that allowed the pumper to be immediately put into fully operational service. (See article for details.) Photo by Jim Kendrick

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High school site selection summit raises issues and alternatives

Below: Superintendent David Dilley makes a point during the High School Site Summit April 12. Seated are school board members (L to R): Gail Wilson, Jes Raintree, LouAnn Dekleva, and Dee Dee Eaton. Photo by John Heiser

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Despite just a few days’ notice of the meeting, an estimated 150 people attended the Lewis-Palmer District 38 High School Site Selection Summit April 12. 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. All board members were present except Stephen Plank, who was traveling.

The board departed from its usual procedure by not imposing a time limit on questions and comments. School board president Jes Raintree said, "We will stay until the last question is answered." The meeting lasted more than five hours.

Superintendent David Dilley provided background on the district’s efforts and difficulties in securing a second high school site:

Denny Hill and David Porter of Strategic Resources West presented the results of a growth study conducted by the district using a coalition of representatives from 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 would be constrained by the lack of water and sewer districts.

Hill presented the growth coalition’s high school site criteria, which include a square to mildly rectangular site with 60acres or more, economical access to water and sewer services, two adjacent street frontages with adequate access and capacity since high schools generate significant traffic, manageable site slopes, and a location that will balance student population and socioeconomic diversity. Hill noted that much of their work on this project was focused on evaluating the Wissler property.

Hill also reviewed the advantages and disadvantages of one large high school vs. two smaller high schools. He added that if one large high school were built, it would probably become the largest high school in the state. Hill and Porter said they also considered combined high school/middle school facilities.

Dilley outlined some of the other sites considered, including an 80-acre property on Highway 83 near County Line Road that is for sale, a parcel on Beacon Lite Road in northern Monument, a parcel behind the Mennonite Church on Highway 105 west of I-25, part of Forest Lakes south of Baptist Road and west of I-25, and parcels near Lewis-Palmer Middle School. In each case, he identified some of the concerns with the site. Regarding the Highway 83/105 site, Dilley cited concerns about traffic dangers. He said that if the district puts a school there, the amount of traffic would justify a traffic light but concluded, "Our biggest fear is the speed differential."

In response to criticism that the growth study looked only at student populations at full build-out in 25 to 50 years, Dilley presented the following estimate of high school enrollments over the next 10 years:

Some of the comments residents made to the board:

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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 May 18. The district’s Web site is at www.lewispalmer.org.

The Baptist Road Rural Transportation Authority (BRRTA) approved two incremental traffic impact fee increases. Fees will double on July 1 and then increase to three times the current schedule on Jan. 1, 2008. Traffic impact fees for new residential and commercial building construction have always been the authority’s only source of revenue. These are the first fee increases since BRRTA was created in 1997. County Commissioner Jim Bensberg was absent.

Total revenues over the past nine years have been insufficient to cover the comparatively minor preliminary costs for design and engineering, much less right-of-way purchase or projected construction costs for widening Baptist Road from Jackson Creek Parkway to Desiree Drive. The only previous construction performed by BRRTA was the westbound deceleration lane on Baptist Road at Leather Chaps Drive.

The board unanimously approved payments of $131,340 for April, including:

BRRTA attorney Jim Hunsaker, of Grimshaw & Harring, said that all but one of the required right-of-way transactions for widening Baptist Road east of I-25 past Desiree Drive had been concluded. The sale price for a condemned right-of-way has been agreed on, but the court had not determined the final split of legal fees to be paid by the landowner and BRRTA.

The board unanimously approved a bid for $3,200 from CPA Dawn A. Schilling for an independent audit for 2005, the first since the creation of BRRTA. Previous BRRTA boards have always chosen not to have independent audits performed because revenues and expenditures have always been below the statewide minimum amount that triggers the independent audit requirement for special districts.

Each of the quarterly "Accounting Compilation Report and Financial Statement" balance sheets has been independently prepared by BRRTA’s accounting firm, BKD, LLP, for BRRTA’s management company, R.S. Wells, LLC.

At the March 10 meeting, the board had approved a separate independent audit of all fees that should have been collected since BRRTA was created in 1997. The fee audit will be performed by J.W. Simmons & Associates for a cost not to exceed $2,500.

The board unanimously approved the first-quarter accountant report. The BRRTA general fund started the year at $200,574. First-quarter revenue was $288,585 in traffic impact fees and $4,148 in interest—a total of $292,733. First-quarter expenses were $51,066. BRRTA assets at the end of the first quarter of 2006 were $442,241 in cash plus $523,539 in cumulative engineering and design expenses for widening Baptist Road east of I-25.

Construction contract overview: Project Manager Andre Brackin of the El Paso County Department of Transportation Capital Projects Management Division reported on the first BRRTA construction contract’s milestones. The county received several bid proposals for the first BRRTA construction contract. The contract improves Baptist Road east of I-25 past Desiree Drive as well as new construction of Struthers Road to connect the existing four-lane segment between Northgate Road and the Struthers Ranch development to the intersection of Baptist Road and Jackson Creek Parkway. Baptist and Struthers Roads are county roads. The existing two-lane I-25 frontage portion of Struthers Road south of Baptist Road will be abandoned, once the new connection to Jackson Creek Parkway is completed.

Brackin said the Pikes Peak Rural Transportation Authority (PPRTA) had approved the combined Baptist/Struthers Road construction contract with Rocky Mountain Materials and Asphalt, Inc. (RMMA) for $10,173,996 on April 12. The Board of County Commissioners (BOCC) had already approved the RMMA contract award on March 27 by a 3-1 vote, with Commissioner Douglas Bruce opposed and Bensberg absent. BRRTA is not a party to the RMMA construction contract.

Two other contracts discussed: Brackin noted that the agreed-upon cost for an extension of the existing construction management contract with design/engineering consultant firm PBS&J for managing the RMMA contract was $380,000. PBS&J has performed all the design and engineering work for Baptist and Struthers Road to date. Brackin noted that votes to approve the PBS&J contract extension were also scheduled for the BOCC meeting on April 17 and the PPRTA meeting on May 10.

Brackin said the budgeted amount for a separate contract for system utility and easement agreements with Mountain View Electric Association (MVEA) was $150,000. MVEA will install the new cable for its power line relocations along Baptist Road and coordinate its work with RMMA through PBS&J. Brackin said that the cost of MVEA’s first proposed contract was $500,000, though negotiations may lower that figure before signing. He noted that costs for Struthers Road right-of-way purchases have been lower than expected, partially offsetting the dramatic cost increases for the copper in the new underground power lines. Brackin also noted that there may also be some unbudgeted costs for Qwest relocations, but there will be no cost for relocation of Triview Metropolitan District water and sewer lines.

Brackin said that the contracts and documentation for the relocated utilities and easements should be written by May 5. They will be voted on by BOCC on May 25 and PPRTA on June 14. The Notice to Proceed for Baptist Road should be issued to RMMA on June 16. Construction will last from 12 to 18 months. Brackin said this may seem like a long time, but Baptist Road will be kept open for through traffic throughout the contract.

Brackin noted that the Colorado Department of Transportation (CDOT) owns the protected mouse habitat area between new Struthers and I-25 and that CDOT had just changed its position regarding right-of-way for new Struthers Road construction on state property. Rather than use an Intergovernmental Agreement for construction as previously agreed, CDOT now "wants to completely retain ownership" of all its property west of new Struthers Road.

This change will now require use of a Memorandum of Understanding between the state and county transportation departments to grant the needed roadway easement to the county by the state. The Army Corps of Engineers and U.S. Fish and Wildlife Service have accepted the county’s biological assessment but will not issue an environmental permit until this memorandum with the state Transportation Department has been signed. This memorandum will have to be approved by the BOCC before construction can begin.

Due to Preble’s mouse mitigation requirements, major new construction for the rerouted Struthers Road can be performed only from Nov. 1 to April 30. Brackin said total construction time for new Struthers Road should be six to nine months. Work that does not affect the mouse habitat can be performed before Nov. 1 and after April 30.

$2.85 million funding shortfall: Brackin distributed copies of his March 29 memorandum to county Transportation Director John McCarty on the RMMA contract. The total cost listed in the memo for the project is $10,703,996. The five schedules in the contract are:

Funds available for widening Baptist Road (Schedules 1, 2, 3, and 5) are:

The total funding available for Schedules 1, 2, 3, and 5 is $6,690,536. However, these four schedules cost $7,134,435, a shortfall of $443,899.

Funds available for Struthers Road are:

The remaining PPRTA funds available for Struthers Road are $1,510,225, a shortfall of $1,529,336 for the schedule 4 cost of $3,039,561.

The total available funds for the $10,703,996 project are $8,200,761— a shortfall of $2,503,235. Brackin noted that this shortfall figure did not reflect the higher than expected utility system cost from MVEA. Brackin said this additional $350,000 in costs had increased the total project to just over $11 million, making the shortfall in available funding about $2.85 million.

Brackin said that additional funding may be available if there are: savings from other 2006 PPRTA projects, BRRTA revenues in excess of the budgeted $260,000, or savings from other 2006 county Transportation Department capital projects. He said a developer had helped PPRTA on the Akers Road project, which may make approximately $1 million available to move to other 2006 PPRTA projects. He said BRRTA and the county should not request that PPRTA transfer funds to the Baptist/Struthers project until all bids on the Akers Road project are in.

Discussion: Hunsaker pointed out that the county had never budgeted funds for the Baptist/Struthers project. He thanked the county for making funds available because the RMMA contract could not have been awarded without funds to pay for it.

Mayor Byron Glenn asked if there could be any savings or schedule benefit if Baptist Road were closed for some period. Brackin said there would not be a significant cost savings, but the small amount of time that could be saved would be lost if the bid proposal had to be amended and the process re-opened.

Ron Doolittle of Family of Christ Church asked if signs would be posted to help drivers find the church’s driveway. Brackin said there would be.

Chaparral Hills resident Linda Silviera, whose Leather Chaps Drive house will be next to the new frontage road for the church, inquired about the status of the proposed light barrier fence that would screen her home from headlight glare at night. She suggested a low maintenance material for the fence. Brackin agreed to meet with Silviera to work out the details for the fence.

The BRRTA board unanimously approved the PBS&J contract extension, the sixth amendment to the contract, without discussion. The total cost of the PBS&J contract to date is now $1,331,968.

Acquisition report: Hunsaker reported that a check had been sent for the condemned right-of-way purchase and that some negotiations were still being held for access easements during construction.

Growth study updated: Chip King, of King & Associates, gave an update of the absorption study he had presented on March 10. His presentation focused on residential growth, which he said would average 291 houses per year within BRRTA. The total now is just under 1,000 houses.

Fee increase approved: There was a lengthy discussion on how much BRRTA’s fees should increase given the large shortfall for the first phase of construction and the large expenses that remain for future improvements west of the I-25 interchange, to include a very expensive bridge over the railroad tracks for the proposed Forest Lakes development at the west end of Baptist Road.

CDOT Commissioner Terry Schooler is also the consultant land planner for developer Landco’s 117-acre Promontory Pointe residential development. He pointed out that Landco as well as the developers of Home Place Ranch and Sanctuary Point had agreed to form three separate road improvement special districts. All three will be allied with Triview for road construction and maintenance.

The three special districts will pay for construction of the northward extension of Gleneagle Drive to Higby Road, to be called Ranch Pointe Road, and the widening of Higby Road from the east end of Home Place Ranch to Jackson Creek Parkway. Higby will also be rerouted away from Lewis-Palmer High School, to the southwest of the current alignment. The new roadway will start near the intersection of Harness and Higby Roads. The existing segment of Higby that provides access to the high school from Jackson Creek Parkway will remain in place.

Schooler asked the BRRTA board to remain aware of the mill levies that would be associated with each of the three special road improvement districts, the existing Triview mill levies that would also be assessed annually, and the 1 percent BRRTA sales tax ballot initiative for the November election, when determining the size of the BRRTA traffic impact fee increase. The BRRTA sales tax initiative was proposed at the March 10 meeting after Wal-Mart refused to voluntarily participate in the 1 percent public improvement fee proposed for all commercial properties within BRRTA.

County Commissioner Wayne Williams said BRRTA’s voters would not approve a 1-cent sales tax unless new residents and new businesses helped by paying traffic impact fees. He also said the county would not support the construction efforts if the developers did not help with a fee increase. He added that there was no way to pay for the $2.85 million RMMA contract shortfall without a fee increase and a tax increase and that road construction costs had more than doubled since 1997.

Williams suggested an effective date for doubling the fees of July 1 to encourage prompt payments by some builders to generate immediate cash. PPRTA has been paying design and engineering invoices for BRRTA for the past several months so that PBS&J could remain solvent. BRRTA’s current cash balance is the result of Wal-Mart paying its impact fee a few months ago to avoid the BRRTA fee increase. Kohl’s will likely avoid the increase as well as several other new Monument Marketplace tenants. Williams also suggested that the rates increase to three times the current fees on Jan. 1, 2008, to maintain long-term BRRTA viability for the remaining improvements to Baptist Road on the west side of I-25.

The vote to increase the rates per Williams’ proposal was 3-1, with Monument Trustee Dave Mertz opposed. Mertz voted no because he thought that the combination of a new mill levy for road improvement districts, ever-increasing Triview mill levies, a sales tax, and new impact fees was too much in a single year. He pointed out that the developers don’t "pay their own way" for infrastructure improvements because all new costs are passed on to the home buyer or store owner. Williams agreed with Mertz but said that the new residents and new business traffic were making congestion on Baptist Road, not those who had moved here years ago and paid a BRRTA fee that had since become deflated over time.

I-25 interchange issues: The agenda item for determining a final reimbursement agreement for Hammers Construction for engineering work on access to Baptist Road between Jackson Creek Parkway and the I-25 interchange was unanimously continued.

Williams and Glenn reported on a meeting with CDOT regarding a new strategy for early private financing for Exit 158 improvements. There is no state funding for CDOT to widen the ramps and bridge over I-25 at this time. The town’s position has been that if BRRTA could build the new interchange using private construction bonds and pay the bond interest with a public improvement fee or sales tax, CDOT would give the interchange improvement a higher priority for funding before 2019. This also assumes that the Pikes Peak Area Council of Governments would include the interchange in its Traffic Improvement Plan for CDOT Region 2.

Glenn, Williams, Schooler, and Town Manager Cathy Green met with CDOT Executive Director Tom Norton and Region 2 Director Bob Torres to seek assurances that CDOT would pay off the bond principal, if possible by the end of the 2007-12 Transportation Improvement Plan. They reported that Norton and Torres were amenable to making a formal payback agreement. Still, any bond proposal and temporary sales tax ballot issue must provide enough revenue to pay off the bond principal as well as the interest during the life of the bonds, in the event that CDOT cannot repay BRRTA.

Glenn said that interchange contract and financing specifics from bond consultant Piper-Jaffrey would have to be presented to Norton and Torres no later than Aug. 1. Williams said that the commercial developers of Monument Marketplace, Monument Ridge, the Timbers, as well as the annexation developers Landco, Colorado Commercial, and Classic Homes were helping with the sales tax and other bridge financing issues such as donation of right-of-way to lower CDOT’s total costs for the interchange project.

The board went into executive session for legal advice at 3:50 p.m. No actions were taken before adjournment after coming out of executive session. The next scheduled BRRTA meeting will be at 2:30 p.m. June 9 in Monument’s Town Hall, 166 Second St. Meetings are normally held on the second Friday of even numbered months. However, special meetings are frequently held now that construction is imminent. For information on changes in BRRTA meeting scheduling, contact Town Hall at 884-8017.

The Palmer Lake Town Council again made no decision on Al Fritts’ request to subdivide lot 4 of the Rancho IRACEMA commercial development on Highway 105 into two lots of 14.2 and 13 acres. Mayor Nikki McDonald said the town could prevent any new construction on the 88 percent of the lot that is currently vacant by declaring it to be open space.

Also, George Blake and Kreig Campbell tried to get guidance from the council on their proposal to develop the corner of Glenway and Valley Crescent, behind the Speed Trap Cafe building on Highway 105. Trustee Chuck Cornell and Town Attorney Larry Gaddis were absent.

McDonald opened the evening’s session by congratulating the winners of the April 4 trustee election (who were sworn in at the end of the regular council meeting April 13).

The results for mayor were:

McDonald was term-limited and could not seek re-election for mayor or trustee.

The results for the five open trustee positions were:

Trustee Gary Coleman has two years remaining on his four-year term and was the only council member not up for election.

There were also six ballot questions April 4, including three "de-Brucing" questions, two separate new half-cent sales taxes, and elimination of term limits for the Town Council:

1. Retainage of excess 2006 fiscal year revenue – 267 Yes, 69 No (approved)

2. Retainage of excess 2007 fiscal year revenue – 244 Yes, 90 No (approved)

3. Retainage of excess 2008 to 2011 fiscal year revenue – 175 Yes, 154 No (approved)

4. Sales tax increase (half-cent) dedicated to Palmer Lake Police Department – 170 Yes, 164 No (approved)

5. Sales tax increase (half-cent) dedicated to Palmer Lake Fire Department – 164 Yes, 170 No (disapproved)

6. Elimination of term limits for Palmer Lake Town Council – 94 Yes, 235 No (disapproved)

The council unanimously approved special-event liquor licenses for the Tri-Lakes Center of the Arts for May 13, June 3, and June 10. The center plans to seek a year-round "arts license" later this year so that it can hold monthly events and not be constrained to the town’s limit of 10 special event licenses per year. Three previous special event licenses had already been approved.

The authority unanimously approved a waiver of the town’s $500 arts license application fee because the center is a nonprofit organization. The center will still have to pay $240 to the Colorado Bureau of Investigation for fingerprint checks and a $500 state fee for the new license, neither of which the town can waive.

The authority also granted Palmer Lake a special-event liquor license for the retirement ceremony for Police Chief Dale Smith to be held at McDonald’s Historic Pinecrest conference center June 30.

The council unanimously approved a request for a new business license for William Sherman’s Front Range Epicurean, primarily a catering, specialty food, and cooking class business at 292 S. Highway 105. This historic building was previously the Rolling in Dough cookie store.

Sherman said the business will not be a restaurant but will have a chef’s table for a maximum of 12 people for special-event dinners. He said he would return to the council if he decided to build and open a restaurant addition, consistent with the style of this historic building, which is displayed in several of the old photos that decorate Town Hall. There was considerable laughter when he said he didn’t expect to contribute to the "major parking issue on Highway 105."

Sherman will also get a sales tax license for his retail sales. The new license was placed on the consent item agenda for the April 13 meeting. McDonald advised Sherman that he need not attend that meeting.

Parker asked that discussion of the name change from Frontier Lane to Circle Road be continued until the regular meeting, so that he could complete discussions with the residents whose street name would be changing. The request was unanimously approved.

Al Fritts again requested a subdivision of the 27.2-acre Inn at Palmer Divide property on Highway 105 into a 14.2-acre lot for the inn and a separate vacant 13-acre lot. He had made the same request at the previous two Town Council meetings and previous two Planning Commission meetings without result.

Background: In a review, Fritts said he purchased the 37.2-acre Rancho IRECEMA subdivision parcel from Duane Ollers in June 1999. The town approved a zoning change from rural residential (2.5 acres) to planned unit development (PUD) before the purchase.

Fritts said the request to build the Inn at Palmer Divide was presented to the Planning Commission in July 1999. He showed the drawings for the initial proposal for six buildings consisting of a main conference center and restaurant building and five guest houses with five rooms each—three to the west of the main building and two to the east. The Planning Commission and the Town Council unanimously approved the six buildings and a commercial water tap. He said there was no opposition to the proposal at either of the hearings.

Fritts said he had met with the owners of all the adjacent and nearby properties before these hearings, including Chuck and Denise Cornell and Gary and Mary Coleman who "had no objection at all to the project."

All four are now bitterly opposed to the inn and the subdivision request. Chuck Cornell and Gary Coleman were elected as trustees in 2002 and 2004, respectively. Denise Cornell was appointed a Planning Commissioner in 2004.

Fritts said that in 2000, he found an investor and lender for the inn who wanted to increase the size to 100 rooms. The council only approved a change that converted the two eastern guest buildings to a lodge building with 24 guest rooms, additional conference rooms, an exercise facility, and a pool. The three western guest buildings were unchanged at five rooms each, for a new total of 39 guest rooms. The town no longer wanted to provide the commercial water tap for the larger facility due to a "change in its water situation." Fritts later negotiated an agreement and easement for water for the inn from the Mission Training International (MTI) well.

Fritts said that the inn and MTI have been incorrectly lumped together as a single enterprise of his because he was the project manager for both after MTI purchased 10 acres for its building. However, Fritts acted as MTI’s project manager for construction. After the MTI building was completed, Fritts said he remained an employee of MTI for the next three years, managing other issues, and has worked as a consultant on a contract basis for the past two years.

He asked that the council consider his request for the subdivision of the inn parcel without reference to the history of MTI, which is a separate entity. He then asked the trustees if they had any questions on his request for subdivision.

Discussion: Finan and Flake asked if the eastern 13 acres were vacant or open space on the PUD master plan. Fritts said the land is shown as vacant and there have never been plans to develop the vacant space in the past nor are there any at this time. The town requirement for open space in the PUD ordinance is 30 percent. Currently, lot 4 is 88 percent vacant. The proposed 14.2- acre lot for the inn would be over 70 percent vacant. The proposed 13-acre lot would remain completely vacant. The hillside ordinance, which restricts construction if slopes exceed 15 percent, does not apply to either of the two proposed lots since the maximum average slope on both is just over 9 percent.

There are no setback issues with the proposed subdivision since the side setback remains at more than 200 feet and the front setback is over 300 feet, versus the 25- and 50-foot minimums, respectively. Any future plans for development, if they were to occur, would have to be submitted for review and approval by the Planning Commission and the Town Council.

Finan, who was absent for the previous subdivision request hearings in March, asked why Fritts was requesting the subdivision. He again said that the Small Business Administration had suggested that he subdivide for their construction loan, and his bank had also agreed to have only 14.2 acres as collateral for the long-term loan as long as the entire inn project is completed. Both lenders believe that having the 13 acres unencumbered would provide Fritts with more leverage for additional cash to give a stronger financial position on their loans and for the success of the inn. Fritts had provided copies of both documents at the March 9 meeting. He provided copies to Finan and the other trustees at this session.

McDonald said the 13 acres would be "unbuildable or undevelopable" because the town has now declared all 13 acres open space dedicated to the town. Fritts said the town could not legally do that.

Trustee-elect Miner said the town "can’t deny the subdividing ability. You can deny any future projects on it and keep it open space by denying whatever is brought forward to build on it." Fritts responded that unused vacant property was not automatically open space that could be taken by the town "for the life of the property."

Town Clerk Della Gray pointed out that McDonald and Miner were misusing the term "open" and that it applied only to the 30 percent dedicated to the town. McDonald said that at the March 9 Planning Commission hearing, Town Attorney Jim Kin had said there was no legal basis for the town to deny the subdivision request. Miner said that this technicality would not prevent the town from denying any further development on Rancho IRECEMA regardless of what was proposed.

Coleman noted that if the council denied Fritts or a future owner of the subdivided 13-acre lot the right to build on land zoned for commercial use, "They’d sue us." Parker said he disagreed with Kin’s position. He said Fritts’ request to subdivide the lot was a "de facto circumventing of the amendment to the PUD process."

Fritts said, "The only reason for an amendment would be a change to my project, and I’m not changing my project." He added, "In our opinion what we’re asking for has no negative effect on the town. It only has a positive effect for us and a positive effect for the town. It allows us to potentially be more successful. You get the revenue, the sales tax, the property tax. I would think that would be much preferable to putting us in a position where we could potentially fail and then you have property that is not producing any revenue at all."

Parker said the council was not "trying to deny your success" or accusing Fritts of "trying to circumvent the process." He said he did not know whether the subdivision was legal grounds to require an amendment, what precedent would be set by approval of his request, and that he still didn’t know the seven-year history of the project despite numerous hearings. He added, "Our two attorneys from the same firm disagree" about what the 1972 PUD ordinance means.

Fritts replied that the town had approved five or six vacations, subdivisions, or combinations of two lots into one lot for residential purposes in the past three months. McDonald said that none of these requests was within a PUD zone.

Fritts said that the repeated denials of his as well as other proposals give the impression that the town is not "truly interested in building a stronger economic base for commercial" by putting him "through the process we’ve been through for the past three or four months when they read articles in this newspaper," holding up a copy of OCN. He added he had been "warned for seven years by numerous people not to try to do this in Palmer Lake because of the attitude toward these types of things."

McDonald replied that this "perception has always been there and that’s OK." She added that MTI was not separable from the inn, because Fritts needed to sell the 10 acres to them to raise money, which she had supported at that time.

Trustee-elect Allen said that Fritts had met all the town’s requirements he had been told about and had answered every question asked of him regarding each of the many changes in the development of the inn. He said the trustees should educate themselves about the town’s rules and regulations and make a decision on his request. "If you’re going to promote bringing businesses in, I’d never use his project, his endeavor, as an example because he’s jumped through a lot of hoops and run the gauntlet." He added, "It’s up to you to maintain that institutional memory" on how to apply the PUD ordinances and regulations to the subdivided lot in the future.

Coleman said he wanted to see a water plan for both new lots in the subdivided lot 4 and that CDOT should review and approve the creation of the 13-acre lot. Fritts said he would provide Gray a copy of the agreement with MTI for well water and that there would be no traffic impact for CDOT to review or comment upon regarding the vacant lot.

Planning Commissioner Gary Atkins said, "I really think this town needs responsible commercial development to increase the tax base and increase the money to spend to improve our town. I don’t know why we seek to fight every commercial development that will be good for the town. This development is going to be good for this town." He added "What would the harm be?" if there were more commercial development on the subdivided lot. He added, "We need the money" to improve roads, livability, and water distribution to attract commercial development on County Line Road and farther south on Highway 105. He noted that no other project in the town has been required to have 88 percent open space and the requirement would be "unfair."

Atkins also said it was "unfair" for adjacent property owners to sit on the Town Council and Planning Commission to "scrutinize this particular property they way they have, unprecedented over any other any property" in this town. "It’s a shame to do this to this person and that people who are neighbors on the boards and directly involved should recuse themselves and not be speaking on this. It’s wrong, it’s really embarrassing to the town" for "neighbors to have the power to create such a negative impact." He added that the property should be divided and developed for the betterment of the town. "You shouldn’t fight it."

McDonald replied that the town’s aquifers will dry up in 20 years "and then what?"

During further discussion, Parker acknowledged that that the trustees had not yet looked at the PUD master plan approved in 1999. McDonald, Miner, Flake, and Parker again expressed their concerns about setting a precedent by making a decision on the subdivision request. No actions were proposed and no decisions made.

Property owner Tim Shank made a request for a preservation easement and 15-foot road easement for Hallin Hills Lots 5A and 5B and adjoining Lot 4 in the Pine-Crest Tri-District Assembly Grounds Addition No 1. Shank said the development had been replatted by a minor subdivision at the Planning Commission.

Gray said the purpose of the preservation easement was to remove it from the property so that the average slope of the remainder of the parcel would no longer violate the town’s hillside ordinance. Shank said the road easement also eased this problem and that the steepness of the area prevented realignment of the existing road. Gray said that the town had done this kind of thing in the past on Highland Road.

Roads Supervisor Bob Radosevich said the town would take over this private road after the work was completed, even though it would not meet Douglas County standards that apply to the rest of the town’s roads.

McDonald advised Shank that the item could not qualify as a consent item, and he would have to return for the regular council meeting April 13.

Kreig Campbell requested a conditional use in a CC zone for a mixed dwelling permit for a structure to include a restaurant, two shops, and six offices at street level, and three residential lots at the southeast corner of Glenway and Valley Crescent.

"I must admit that you’ve terrified me," with the town’s denial of development requests for Fritts for seven years, Campbell said. He added that he was asking for the maximum density and number of different uses that he anticipates, but he did not know what would be feasible for approval at this time. He noted that there had been confusion over his request at the Planning Commission hearing March 15. "They didn’t know what to ask for."

Campbell said that he and Blake were seeking guidance on what style and scale of architecture the neighbors and the Town Council would like to see on the vacant land. He said their original thought had been to match the appearance of the Speed Trap Café building. There had been some consensus by the Planning Commission to have the building match the adjacent Grayson’s Pineview Inn bed and breakfast building on Middle Glenway.

Parker noted that the town’s comprehensive plan is ambiguous about the preferred appearance for new mixed-use downtown buildings.

Coleman said Campbell needed to interview each of the neighboring property owners so he and the council could get a better feel of their preferences. Campbell said he would not initiate those recommended discussions until the council explained its preferences, so that the discussions with the neighbors would be more focused and productive. He added, "We want to fit in" but "I’m in a trap here" because he had provided a design but could not get feedback from the town on whether it was acceptable or not.

Miner suggested Campbell choose vintage architecture to restore the feel of the historic downtown area and acknowledged that the comprehensive plan recommends no particular architectural controls, "just an essence." Campbell replied that he didn’t mind taking the lead on a new type of architectural initiative for future downtown development, but didn’t want to spend thousands of dollars on engineering and then be told to change the design to Victorian. "I’m not getting any feedback. Let’s keep all the cows going west." McDonald suggested that he work with Miner after the new board is sworn in, because she had directed the development of the comprehensive plan when she was previously a trustee.

Girlando said that until now, he did not know there was a comprehensive plan, and if it doesn’t provide any firm guidance, the council needs to change it. However, town planning commissions are responsible for drafting and approving comprehensive plans under state statutes.

Flake asked for sidewalks. Campbell said he would discuss the idea of sidewalks with the owner of the Speed Trap building, adding, "It’s not easy if each of you has a separate goal."

Shanks said that what he, Campbell, and Blake want is a solid revenue base in Palmer Lake, and they can’t develop a proposal without guidance by the Planning Commission and Town Council. "What type of design will make the town grow and be more beautiful?"

Campbell asked for specifics to take back to the Planning Commission. McDonald said no decision could be made at this time and the town would have to assign a person or committee to serve as liaison with the council because the town has no professional planning staff. Campbell said he needed guidance on variances for parking, setbacks, and rooflines before he could submit a more detailed design.

The meeting adjourned at 9:05 p.m.

The Palmer Lake Town Council approved a mixed-use concept by George Blake and Kreig Campbell to develop the corner of Glenway and Valley Crescent, behind the Speed Trap Cafe building on Highway 105. The council tabled Al Fritts’ request to subdivide lot 4 of the Rancho IRACEMA commercial development on Highway 105 into two lots of 14.2 and 13 acres. Trustee Chuck Cornell was absent.

After the business agenda was completed, the new Town Council, staff department heads, and municipal judge were sworn in.

Mayor Nikki McDonald announced that Fritts had notified Town Clerk Della Gray that he had been called out of town and would be unable to attend this meeting. A two-part motion to amend the agenda and table Fritts’ subdivision request was unanimously approved.

The new business license for William Sherman’s Front Range Epicurean catering, specialty food, and cooking class business on 292 S. Highway 105 was unanimously approved as a consent item, as was the payment of bills for March.

Committee reports

Fire Trustee Gary Coleman reported 26 Palmer Lake Volunteer Fire Department calls in March composed of: seven fire, seven medical, five wildland, one traffic accident, one public contact, and five public assists; 11 of these were mutual aid. Six firefighters had recently re-certified with the U.S. Forest Service for wildland fires. Coleman also reported that the department and the Palmer Lakes Fireworks Committee would hold their annual Easter Pancake Breakfast fundraiser at Town Hall.

Coleman said, "I would like to clear the air on the misconception that the tax increase issue number 5 did not pass because not enough of the volunteer fireman turned out to vote. It is not that they did not turn out to vote but that a number of our volunteer fireman are not residents but they still choose to support our town. Many of our firefighters have shown up tonight to show that they support us. They are an unpaid force. They really put themselves out for us and I’m extremely proud of them. I thank you all for coming out tonight." The audience gave them a round of applause.

There was no monthly water report due to Cornell’s absence.

Police Trustee Trudy Finan reported March’s statistics: 120 calls for service, three custody arrests, 18 cases, 50 traffic citations, 34 traffic/dog warnings, and two dog citations. There were 27 calls supporting the Monument Police Department and 17 calls supporting other county and town departments. Traffic citations were up from 34 in February due in part to the Department’s Seatbelt/Aggressive Driving Campaign. Finan also noted the fatal accident on Highway 105 during the snowstorm.

Finan said she would convene the Police Committee to begin interviewing candidates during the following week to replace Police Chief Dale Smith, who will retire July 1.

Tennis court resurfacing grant may be lost: Parks and Recreation Trustee Trish Flake reported that Kim Makower, manager of the Palmer Lake Tennis Center (PLTC), had notified her by e-mail that he had decided not to offer the U.S. Tennis Association (USTA) certified tennis lessons as promised in his grant application to the Colorado Tennis Association (CTA) for a tennis court resurfacing grant. The USTA certified tennis lessons are a condition of the December award of the $2,500 "Adopt-a-Court" CTA grant. The town’s matching requirement is about $5,600.

Flake did not say why Makower had decided to reverse his written promise on a Tennis Center letterhead in the grant application package. Makower had written, "If funded by the USTA and the district, we are committed to moving forward with the appropriate philanthropic, governmental, and corporate funding to guarantee the success of the growth of tennis in Palmer Lake." In this same application letter, Makower had added, "This grant, if received, requires a five-year commitment of tennis programming to grow the game."

Background: The second grant application prepared by Makower was dated Oct. 28, 2005. The application was endorsed by Flake, former Tri-Lakes Chamber of Commerce President Steve Spry, and Tim Wolken of the El Paso County Parks Department. After the grant was awarded to the town in December, Makower told CTA there would be a check award ceremony–– a condition of the grant––on Jan. 12 at the regular Town Council meeting, apparently without notifying Gray or McDonald.

McDonald combined the workshop and regular meetings on Jan. 5 to meet a state deadline for a special liquor license application for a fund-raising event. At that meeting, the council and Makower decided to hold a press conference on Jan. 12 to present the award.

During a phone conversation on Jan. 9, CTA Development Director Kristy Harris asked Town Clerk Della Gray to reschedule the presentation ceremony for one of the February Town Council meetings—preferably on Feb. 2—but would have to confirm the preference after checking the availability of the other CTA attendees. Gray sent an e-mail to Harris later on Jan. 9 that asked for confirmation of the preferred date and noted that the check presentation ceremony had been added to the agenda for the Feb. 2 workshop, with planned participation by Harris, Peters, and CTA Executive Director Fritz Ganger. However, they did not attend that meeting. Harris did not acknowledge the e-mail notification and has not talked to the town since.

Makower wrote a letter dated Jan. 12, on a Tennis Center letterhead, to Carolyn Peters of the Community Development Committee of the CTA that claimed the award ceremony "had been unilaterally cancelled" by the town. He also wrote that the town’s "breach of discretion and protocol has led me to believe that some elements of our grant application may not be true and correct." His letter did not define those "elements".

He also wrote, "We are questioning whether or not the PLTC can honor our obligations under the spirit of the grant. The PLTC is requesting that the committee postpone the awarding of the grant. We would like to investigate and verify the true level of interest that the (Town Council) has in promoting tennis in the community." His letter concluded, "We will present the findings of this investigation to you and/or your committee no later than April 17, 2006."

Neither Makower nor any CTA representatives attended the Feb. 2 workshop meeting. The agenda item for the CTA award ceremony was continued.

At the regular council meeting Feb. 9, Makower said he wanted to "put a contract together" with the town regarding grant requirements and "slow things down so we can communicate better." Trustee Max Parker, who later decided to run for mayor, said that Makower was not an agent of the town and had no authority to act for the town or as an intermediary in telling the association to "wave this off" until mid-April. Makower said he was acting as the manager of the tennis center for giving the USTA-approved lessons, as required by the grant.

Cindy Henson asked if the town’s $5,600 share of resurfacing costs was to benefit Makower or the public. She also asked if Makower had to reserve courts or pay reservation fees. Gray said the fee for residents is $2 per hour and $10 for nonresidents. Maggie Amato asked that if Makower was not paying the fee, his tennis center should share in the $5,600 matching cost.

Makower said he does not pay a reservation fee and offered to show anyone his books to see how his center operates, and said he "can’t make a profit teaching tennis in Palmer Lake."

No action was taken Feb. 9 and the grant was not discussed again until Flake’s announcement that Makower would not offer the lessons after all.

Flake suggested making an amended grant request and said she would hold a committee meeting to generate alternative suggestions for the town to meet the grant requirements for lessons before summer.

Flake also reported:

Fountain Creek Watershed Study representative Bob Miner distributed meeting reports that listed fiscal-year expenses and U.S. Army Corps of Engineers funding shortfalls for the next five years despite the availability of community matching funds. The state Health Department will request bids for a water quality study and is continuing its hydrology studies for the region.

Greg Cook reported that the Awake the Lake Committee would like to set up a town-sanctioned subcommittee for the town’s park by Palmer Lake. The pavers project for the memorial park by the lake is proceeding. Cook will distribute a flier in town water bills seeking funds and recruits for the committees.

He asked the council to lobby the railroad to restore the natural drainage into the lake that was diverted to the north of town by a rail repair after a major accident near County Line Road. He suggested a culvert under the tracks to restore the historic flow of the natural spring into the lake.

Street name change approved: The council unanimously approved a name change for Frontier Lane to Circle Road. Town staff will notify all affected residents, regional agencies, and other entities and install a new street sign.

Preservation easement continued: Tim Shank did not attend the meeting. The item was unanimously continued until May.

Conditional use request for new multi-use project approved

Kreig Campbell requested a conditional use in a CC zone for a mixed-dwelling permit for a structure to include a restaurant, two shops, and six offices at street level, and three residential lots at the southeast corner of Glenway and Valley Crescent.

Campbell said that there were two challenges for his proposed project: finding an acceptable design for his development and determining the formal process of gaining approval for the requested conditional use permit. "It’s opened up a can of worms that’s large. We want to be sensitive to what the town wants. The town is sensitive to us and we appreciate that. We have citizens who have different opinions of what the building and project should look like."

He asked for prompt approval of the conditional use permit and then asked that the proposal be sent back to a committee to provide guidance to clarify "the developer’s rights and the town’s goals" to ensure a viable investment for the short term as well as town assistance on an acceptable design for the long term.

Parker said the list of potential uses was too large for the proposed building. Campbell said the list was larger than what he expected to be approved but included the maximum possible numbers of each type of use.

Town Attorney Larry Gaddis suggested a simpler title of "mixed residential and commercial use" with further definition of the final configuration to be brought back to the Planning Commission and Town Council after the design of the project is further defined.

Coleman said neighbors of the proposed project described the building as too large. He said there wasn’t room for a 24-foot driveway and the required on-site parking.

Campbell said he was aware that the design would evolve and may require a variance. He said that the neighbors should participate in the design review committee. He added that he has already purchased the property. Some neighbors in attendance volunteered for the committee. Other neighbors thought it was too soon to grant the conditional use permit without further guidance and refinement of the proposal by the Planning Commission. All, however, agreed that the town should want to help Campbell develop the project and an appropriate compromise.

Planning Commissioner Gary Atkins said the commission had not approved a specific design or size for the project, only the concept of a conditional use with combined residential and commercial.

Campbell said he needed a statement of support for the project, if the permit were not approved, to ensure financing support from his investors. The council unanimously approved the mixed-use concept combining residential and commercial on the site, on the condition that the specific design must be approved by the Planning Commission and Town Council.

The council adjourned at 8 p.m.

New council takes office

Then Palmer Lake Municipal Judge John Ciccolella swore in new Mayor Max Parker and new Trustees Richard Allen and Susan Miner as well as re-elected Trustees Finan, Flake, and Girlando.

The new council convened and unanimously passed a motion to re-appoint all the town officers. Town Clerk/Treasurer Della Gray, Deputy Town Clerk Tara Berreth, Town Attorney Larry Gaddis, Chief of Police Dale Smith, and Fire Chief Phillip Beckman were sworn in. Gray swore in Judge Ciccolella.

The new council unanimously approved a proclamation declaring the town’s Arbor Day would be held April 21. He noted that there would be a celebration May 19 at the Palmer Lake Elementary School.

McDonald recognition

Parker presented former Mayor McDonald with a plaque commemorating her long service on the Town Council after an emotion-filled speech listing her accomplishments and praising her character and commitment.

McDonald said, "You have a great new board that will be a blessing to this town."

McDonald’s husband, Bill, presented a witty poem he had written about the joys and woes of her six-year tenure as mayor.

The second meeting adjourned at 8:30 p.m. for a reception for old and new council members.

The next council workshop meeting was scheduled for 7 p.m. May 4. Council workshops are normally held on the first Thursday of the month. The next regular council meeting will be held at 7 p.m. May 11 in Town Hall. Regular council meetings are normally held on the second Thursday of the month.

Monument Board of Trustees, April 3: Three development proposals approved

A standing-room-only crowd was again on hand for the Monument Board of Trustees (BOT) meeting April 3 for public hearings on three types of development proposals:

The board also approved new liquor licenses for IL Fratello’s Restaurant, Inc. and Jasmine Garden, Inc.

Trustee comments

Mayor Byron Glenn said that he and Town Manager Cathy Green had met the previous week with Bob Torres, director of Region II of the Colorado Department of Transportation (CDOT). Torres agreed to schedule a meeting of these three with CDOT’s Executive Director Tom Norton for April 14, along with County Commissioner Wayne Williams and Promontory Pointe spokesman Terry Schooler, who is also a CDOT commissioner.

Glenn said his main agenda item for the April 14 meeting would be to get assurances that CDOT would pay for all or most of the planned improvements to the I-25 Baptist Road interchange (Exit 158) if the Colorado Legislature provides enough capital improvement funding. The Baptist Road Rural Transportation Authority (BRRTA), Monument, and the county had arranged for private financing of interchange expansion using private road construction bonds.

The town’s goal is to have the interchange improved before the possible availability of CDOT capital improvement funds in the region’s 2007-12 Transportation Improvement Plan (TIP). Glenn said that BRRTA, Monument, and the county were also planning to directly lobby the Pikes Peak Area Council of Governments on April 18 to ensure that the interchange is on the TIP list of approved state road construction projects in the region that would be eligible to receive state capital funding as it is appropriated each year by the state legislature.

Glenn noted that the interest on the tax-exempt construction bonds would no longer be paid for by a voluntary public improvement fee charged by BRRTA retail businesses, since Wal-Mart had refused to participate at the March 10 BRRTA meeting. He said BRRTA will now seek approval of a temporary 1-cent sales tax in the November election to pay the interest on the privately financed road construction bonds until CDOT funds become available to pay off the bond principal. However, CDOT may not be able to pay for the total construction costs and might offer to pay only 90 percent of the capital construction costs.

Also, CDOT might not be able to pay anything against the private construction bond principal for the interchange in the worst-case scenario for year-to-year CDOT capital project funding priorities. In this worst case, the temporary sales tax would have to be extended to pay off the entire principal as well as all the interest for the construction bonds over a nominal 10-20 year period.

It is too early to know the actual interchange improvement costs, or the amount of revenue the retail stores within BRRTA could generate as Jackson Creek, Home Place Ranch, Promontory Pointe, and Sanctuary Pointe (Baptist Camp) are annexed and developed, though a study has been commissioned by BRRTA. Design and construction costs for Baptist Road widening from I-25 to Tari Drive and connection of the existing Struthers Road between Northgate Road and the intersection of Jackson Creek Parkway and Baptist Road are much higher than estimated, about $2 million more than the amount available from BRRTA, PPRTA, and the county.

Liquor license hearings

After it was noted that fingerprint reports for the applicants—IL Fratello’s restaurant, 1415 Cipriani Loop, and Jasmine Garden, 1425 Cipriani Loop—came back clear, both licenses received final approval. Trustee Tommie Plank asked if either owner had any history of violations with previously held liquor licenses. Police Chief Jake Shirk noted that Detective Mark Owens had discovered no violations of previously held liquor licenses by either applicant during his investigation.

Plank then noted that there are now three restaurants next to each other in this location. Director of Development Services Tom Kassawara said that the owner of the properties is trying to buy additional land for parking. The town’s Board of Adjustments approved the clustering of the three restaurants, noting that adjacent businesses operate only during the day and that their lots could absorb additional cars after they had closed and the three restaurants opened for their peak evening hours.

SEH contract extended

The board unanimously approved an extension through the end of 2007 for the contract with traffic consultant Short Elliot Hendrickson, Inc. (SEH). Kassawara said that the various individual rates in the extension increased an average of 5.75 percent over two years. He added that there had been no increases in 2004 and 2005 or for work performed since the last contract expired in January. The extension now exempts travel charges for up to four site visits to the town per year and markups for sub-consultants. The maximum amount of the contract is $30,000 per year. All but about $2,000 of this cost is paid by retainer fees from developers.

Lake of the Rockies sketch PD plan approved

Kassawara said landowner and developer BK-LOR, Inc. had made further revisions to proposed sketch plans for developing the now vacant land that was formerly an RV campground. This was the fifth revision of the original submission presented to the staff in October. The parcel, southwest of the intersection of Mitchell Avenue and Second Street, wraps around the east and south sides of Monument Lake and the dam. Kassawara added that the latest revision had reduced average density, increased open space, and improved access to Monument Lake as requested by the Planning Commission and BOT as well as addressing many of the concerns expressed by neighboring landowners.

In addition, BK-LOR has offered to donate the existing 4,759-square-foot general store building and the existing well. The building will need a new roof. There are 30 additional parking spaces along the lakefront in this revision, so the building could house a senior center or other public facility.

Kassawara discussed the major changes to the sketch plan. He said the number of planned single-family homes had been reduced from 196 homes to 164 homes. The area just west of the dam, which currently has no access from the town or the county, had been changed from three lots to two. Densities have been adjusted to match West Oak Ridge to the south and the various developments to the east. The north-end density remains unchanged at 5-6 dwelling units per acre in clusters of neo-traditional homes with rear-alley accesses to rear-facing garages.

The main access road is now called Monument Lake Parkway. This tree-lined right-of-way has increased to 75 feet to provide a better view of the lake. Trees will also line the boulevard median of the parkway. An internal roadway and an alley were eliminated.

The amount of open space next to the lake has been increased, with better parking access along the lakefront. Total open space is about 40 percent.

BK-LOR’s proposed deceleration lanes for northbound and southbound Mitchell Avenue have been lengthened. The 300-foot right-turn lane, plus a 90-foot taper, from northbound Mitchell Avenue to eastbound Second Street should be able to hold stacked traffic for an average train passage of about four minutes. The southbound right-turn lane for Monument Lake Parkway is now 154 feet, with an additional 96 feet of taper, the CDOT standard for the speed limit for a minor arterial. Sufficient Mitchell Avenue right-of-way will be dedicated to the town to ensure a full capacity of 60 feet of right-of-way for the entire frontage and intersection of Mitchell with Second. Kassawara said Mitchell Avenue will not change from a minor to a major arterial before buildout, which would require a right-of-way of 80 feet.

New water issues: The reduced number of houses eliminates some concerns expressed by town water consultant Lytle Water Solutions, LLC, about groundwater capacity for the site. Bruce Lytle had originally determined the maximum water capacity for the development to be 206 single-family equivalent (SFE) taps. He then revised that number down to 196 taps while recommending only 194 taps in January, due to high irrigation requirements for the three proposed large lots on the west side of the dam. This number is based on depleting all the water in all four aquifers of the Denver Basin within 100 years. El Paso County requires adjudicated groundwater for a development to last 300 years.

However, BK-LOR has now decided not to seek a density that uses all the potential groundwater under the site. Lytle’s estimate determined that the site can serve only 164.8 SFE taps, if the 31.6 SFE taps available from the deepest aquifer, Laramie-Fox Hills, are not used. This is consistent with Monument’s policy of having no wells that are deep enough to access the Laramie-Fox Hills aquifer. A further problem is that the water in the Denver aquifer under the parcel has not been adjudicated and cannot be used.

The campsite has been served until now by a single Dawson aquifer well that is adjudicated to produce 49 gallons per minute, and the developer has offered to donate the rights to this well to the town to offset the temporary shortfall until all the groundwater under the parcel has been adjudicated in water court. However, Public Works has declined to use water from this low-capacity well in the interim.

Developer and landowner Jerry Biggs said he had met with neighbors since the January hearing and had addressed their concerns. Tim Seibert of NES gave a PowerPoint presentation that again highlighted the changes pointed out by Kassawara. He noted that there were three additional acres of parkland in this revision. He added that on March 7, the U.S. Fish and Wildlife Service had authorized continued use of the existing roads below the dam as walking/biking trails within that Preble’s mouse habitat. No new trails can be built, and motorized vehicles will be prohibited on the existing roads.

The developer reported that the approximate land use breakdown is now: