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Tri-Lakes loves its independence

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Below: A scene from the Monument Parade, July 4, 2005. Photo by Jim Kendrick

Below: Palmer Lake fireworks July 4, 2004. Photo by Kim Makower

Below: A scene from the Monument Parade, July 4, 2005. Photo by Kelly McGuire

Below: A scene from the Monument Street Fair, July 4, 2005. Photo by Kelly McGuire

July 4, 2004 Photos

July 4, 2003 Photos and More July 4, 2003 Photos

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Click here for a list of this year's events

Community support sought for sales tax to finance interchange improvements

Photos by John Heiser

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Below: CDOT Transportation Commissioner Terry Schooler, who represents El Paso, Park, and Fremont counties, highlights some of the difficulties in obtaining state funding for the Baptist Road/I-25 Interchange. 

On June 19, the Monument Board of Trustees (BOT) held a special meeting as a town forum at Creekside Middle School to discuss plans to finance improvements to the state-owned Baptist Road/I-25 interchange. More than 100 people attended the meeting.

Monument Mayor Byron Glenn introduced himself, the members of the Monument Board of Trustees, El Paso County Commissioner for District 1 Wayne Williams, Colorado Department of Transportation (CDOT) Commissioner for District 9 Terry Schooler, and state Sen. Tom Weins.

Glenn mentioned that at its May 6 retreat, the BOT established the following top budget priorities for the next 18 months:

1. Baptist Road and the I-25 interchange improvements

2. Upgrade of the town’s water system

3. Construction of a new Town Hall facility

4. Third Street improvements including curb, gutter, and sidewalk from Beacon Lite to Front Street.

He later added that there is also interest in an I-25 overpass for pedestrian traffic to provide interconnection of the trails in the area.

Since the town is processing three large annexations (Home Place Ranch, Promontory Pointe, and Sanctuary Pointe), the need for improvements to the Baptist Road/I-25 interchange is becoming even more critical.

Glenn noted that the Pikes Peak Area Council of Governments (PPACG) sets priorities for transportation projects in the region. CDOT uses the PPACG priority list in determining which projects will receive state funding. At present, the Baptist interchange is not on the list of highest- priority projects—those that should be funded within the next five years. Glenn said he is working with the PPACG to raise the priority of the interchange.

He said the purpose of the meeting was to find out whether residents within the boundaries of the Baptist Road Rural Transportation Authority (BRRTA) would vote for a sales tax increase to pay for improvements to the interchange. The revenue from the sales tax increase, which would be collected only by businesses within BRRTA, would go toward repaying bonds that would be issued to finance the interchange improvements.

BRRTA includes all of Jackson Creek and other, much of it undeveloped, property east and west of I-25 along Baptist Road.

Glenn said the estimated cost of the interchange improvements is $15 million. He added that donation of land for right-of-way has reduced the cost of the project by about $2 million. He noted that CDOT has completed the design and environmental assessment of the project.

He added that an agreement might be reached with CDOT to refund the bond principal when CDOT has the money in five to 10 years. The plan is to use that money to fund other improvements within BRRTA.

Glenn explained that other avenues for securing funds for the interchange improvements have been exhausted. He said if this initiative moves forward and is approved by voters, construction could begin in 2007. If not, the project would probably not receive funding until at least 2012. He later added that the project would take about 18 months to complete.

Glenn stated that he and the trustees want to do what the residents want.

Cathy Green, Monument town manager, presented a series of slides detailing some of the key problems with the Baptist Road /I-25 interchange, with photos showing traffic congestion and deteriorating roads.

Williams, who also currently chairs BRRTA and the Pikes Peak Rural Transportation Authority (PPRTA), addressed the question, "Isn’t someone else going to do it?" He noted that despite the additional funds approved by ballot initiative C, there are no state funds currently available for this project. He noted that the PPRTA is providing funds for the $10.7 million, 18-month project to improve Baptist Road but the interchange is a state responsibility. He added, "Monument is one of the few places that don’t have to pay the 1 percent PPRTA sales tax." Attempts to persuade local businesses to charge a voluntary public improvement fee failed when Wal-Mart refused to participate.

Williams said that, as presently planned, the ballot issue would not be put to the voters until a signed agreement is in place between BRRTA and CDOT for the eventual repayment of the project costs by CDOT. He added that the ballot issue would include specific language defining the purpose, amount, and duration of the sales tax and the anticipated uses for the funds when reimbursed by CDOT.

CDOT Transportation Commissioner Terry Schooler, who, as one of 11 members of the commission, represents El Paso, Park, and Fremont counties, discussed the state’s position and how similar projects such as the $8 million interchange at Platte and Powers in Colorado Springs have been successfully completed and repaid by the state. Schooler said, "There is tremendous growth throughout the state. Transportation funding is falling farther and farther behind." He noted that most of the funding comes from the 22-cent per gallon gas tax. He concluded, "We have to wait our turn."

Michael Lund, assistant vice president for public finance from Piper Jaffray, financial advisors for the bond issue, discussed the prospects for financing based on sales tax revenues. In March 2006, a study was completed by King & Associates, Inc. of the likely sales tax revenue based on projected retail sales at existing and planned stores within BRRTA as proposed by current landowners. Lund used that study in making his projections.

Lund determined that to have marketable bonds, there must be a reasonable expectation that the sales tax revenue will be sufficient to retire the debt within 20 years. He assumed the cost of issuance would be 3.5 percent of the principal, the interest for the first 18 months would be paid from the bond proceeds while additional retail sites are being constructed, and that a reserve fund equal to one year’s debt service would be created. He later said the interest rate on the doubly tax-exempt bonds was estimated at 7 percent.

With those assumptions, Lund determined that with a 1 percent sales tax, the $19.65 million in bonds needed to yield $15 million for construction of the interchange improvements could be paid off in about 9 years. With a 0.6 percent sales tax, the same bonds could be paid off in about 14 years.

The majority of the meeting was spent as a question and answer session between the public and the elected officials. Suggestions included traffic light synchronization at the current interchange, possibly constructing a temporary 4-5 foot widening of the off-ramp, and the modifications to the design of the interchange.

Commissioner Williams responded to the comment on the design of the interchange saying that CDOT went through a lengthy process to come up with the present design, that it was environmentally approved, and even though it may not necessarily be the best design to move traffic, it is designed to meet the traffic requirements through 2025. (Descriptions and drawings of the final conceptual designs for the Baptist Road interchange and the Northgate interchange are posted at www.ourcommunitynews.org/v3n1.htm#interchanges)

In response to a suggestion that the town invoke a moratorium on approval of new projects in the area until the interchange is improved, Glenn said that would raise legal issues. He added that he moved to Jackson Creek in 1999 and that Baptist Road was bad then.

Glenn said that in hindsight the town should have imposed a public improvement fee at the Monument Marketplace before that project was approved. He added, "We’re learning."

In answering skepticism that CDOT would repay the bond principal, Williams cited other projects where they have repaid the costs. He said it is a cost savings to CDOT to have the project completed earlier rather than later since construction costs are increasing. He added that if CDOT failed to fulfill its obligations under the agreement, "no one would ever make an agreement with them again."

In response to concerns about what would happen if sales tax revenue failed to meet projections, Williams said that these bonds would be revenue bonds, not general obligation bonds, so the bondholders not BRRTA taxpayers assume that risk.

In an informal show of hands, it appeared a majority was in favor of the ballot measure as described during the meeting.

The Monument Board of Trustees extended the six-month intergovernmental agreement (IGA) to provide certified water and sewer operators to the Triview Metropolitan District meeting through the end of 2006 and intends to renew the agreement for all of 2007. The fee for the rest of the year remains unchanged at $15,000 per month. The board also approved 10 plats, an IGA to buy excess sewer effluent from Donala Water and Sanitation District to refill Monument Lake, and Sertoma’s parade permit for July 4.

The transit loss model measures and records the amount of non-native Fountain Creek watershed stream flows owned by several municipalities and water districts. The amount of this water added to native stream flows, by external sources such as wastewater treatment facility effluent, can be exchanged or reused. The model measures how much of the added water is lost.

Monument water representative Betty Konarski told the board that the cost of participation in the development, administration, and operation of a transit loss model will soon go up and the trustees needed to include those costs in the 2007 budget. Until now, most costs for the new, more accurate model have been for developing and validating the way the model measures and accounts for losses into the ground and through evaporation of surface water flowing in the Arkansas River basin. The higher costs for the startup of daily measurements of flow gauges operated by the U.S. Geological Survey will increase the amount that participating members of the El Paso County Water Authority (EPCWA) must budget and pay for as the initial grant money for start-up is exhausted.

Colorado Springs Utilities will ask other entities, including the town of Monument, to start to pay their proportionate share of operating costs. The city utility and USGS have paid half of all the development costs not covered by grants until now. Monument’s share of the $600,000 cost to date, through EPCWA, has only been $10,000.

Gary Barber, director of the Water Authority and the Palmer Divide Water Group, gave a very detailed technical report on the transit loss model. Some of the major points of his presentation were:

1. What is transit loss? Transit loss is the evaporation or other loss of water as it moves down stream. For non-native water sources, such as return flow (effluent) from Denver Basin wells, tracking the losses in transit to a downstream point is required if that water is to be exchanged or reused.

2. What is the transit loss model? The current transit loss model was developed by the USGS for Colorado Spring Utilities to track non-native water down Fountain Creek for exchange into Pueblo Reservoir. The original model begins at the Las Vegas Treatment Plant and assumes that all water upstream of the city is native water.

3. Why is the Water Authority facilitating an update to the model? The updating of the model reflects a confluence of several interests. Over time, the existing model has been modified for use by water agencies south of Colorado Springs to gain greater efficiency from non-native water, such as Frying Pan-Arkansas project water. With the construction of its North Reclamation Plant at Garden of the Gods Road, Springs Utilities needed to update the model, extending it upstream to the discharge point of the new wastewater plant. 
   Following the U.S. Supreme Court’s ruling in Kansas v. Colorado, the State Engineer’s Office has been forced to carefully document all water under augmentation plans (taken out of priority from a lake or stream but replaced by another source) in the Arkansas basin. Because the current model assumes all flow in Monument Creek is native, water agencies in northern El Paso County have no means to demonstrate "dominion and control" for Denver Basin return flows as required under water law for reuse. As a regional entity, the Water Authority stepped up to the task of facilitating an update of the model to serve the region’s disparate interests.

4. Why is an updated model important? Efficient use of our local supplies is the foundation for any strategy to obtain a replacement supply for non-renewable water sources, such as the Denver Basin aquifers. The transit loss model will provide a daily accounting tool for the state engineer to affirm that reuse, exchange or sale of return flow for augmentation properly accounts for transit loss as the water moves downstream.

5. Why are there ongoing costs to maintain the model? The model relies on USGS stream gauges to calibrate each stream reach. Annual costs are generated from cost sharing with USGS for the routine maintenance and calibration of the gauges.

6. hat significance does all this have to the Town of Monument? In the past year, the town has partially restored the water level in Lake Monument by exchanging creek water for return flow purchased from neighboring water districts. The state engineer required installation of a measuring gauge below the dam to support these exchanges. This new gauge has been integrated into the transit loss model. The State Engineer’s Office agreed to these initiatives, in part, because the town was actively participating in the transit loss model update.

When the model goes online in 2007, it will be the primary tool the State Engineer uses to administer water rights. Currently, the town uses augmentation plans and exchanges to support its water supply system. The model has been specifically crafted to enable future strategies to garner greater efficiency from existing supplies. The model, and support for the administrative costs, is the key to unlocking the full potential of our scarce water resources, Barber said.

Barber also noted that Monument Public Works Director Rich Landreth will be a member of the policy working group of the Water Authority to ensure that the town gets full credit for the water it contributes to the stream, making it easier to provide water from alternate sources This will require a number of intergovernmental and cost sharing agreements.

The model to date shows that losses are only about 7 percent instead of the original model’s assumption of 10 percent losses, a substantial difference with total flows ranging from 25,000 to 40,000 acre-feet per year. The direct benefit for the town in the short run will be the ability to return more reuse water for storage in Monument Lake.

This 8.2-acre industrial property at 730 Synthes Avenue is currently zoned Planned Industrial Development (PID) It lies between the railroad track to the east, Ashton Industrial Park to the south, Synthes Avenue to the west, and the southeast corner of the Monument Rock office park parcel to the north.

Owner Villani Partnership, LLC requested that it be subdivided into seven lots ranging from 1.09 to 1.4 acres. An existing east-west 60-foot right-of-way in the middle of the parcel was originally planned for a street to connect Mitchell Avenue to Old Denver Highway. The applicant has requested that this right-of-way be vacated because there will never be a bridge constructed over the railroad tracks at this location and houses have been built in the right-of-way on the east side of the tracks.

Director of Development Services Tom Kassawara noted that the town’s platted street right-of-way assumed that a bridge would be built over the railroad tracks. He said that the railroad would not authorize a new crossing anywhere between Second Street and Baptist Road He also said that town staff did not want open space in this parcel, preferring instead a cash assessment based on the appraised value of the parcel; this money can be used by the town for improving existing park facilities.

Kassawara had originally proposed a condition of approval to the Planning Commission and the Board of Trustees that the applicant must provide an analysis of water availability vs. demand prior to the Board of Trustees meeting This condition also applied to the other plats that were to be discussed as subsequent agenda items, and had been approved by the Planning Commission on May 12. He reported that since the staff packages for the trustees had been prepared he had come up with an alternative – "a pressure test in the vicinity of all new developments to assure that adequate water supply and pressure is available to a proposed site." He added that the town will also continue to require the submittal of a "will serve" letter from each water purveyor. His original proposed condition was dropped from all the proposals throughout the meeting.

There was a lengthy and surprisingly contentious discussion between trustees and staff before the board approved the Villani preliminary/final plat with a new condition. The proposal had not been controversial before unanimous approval by the Planning Commission.

Mayor Byron Glenn asked if a drainage plan and traffic study for the vacant lot had been prepared. A surprised Kassawara said, "No," that they are submitted with the site plan. He noted that the town code also inappropriately asked for building elevations to be submitted with the plat. Glenn said a note should be added to the plat that no planned development design guidelines had been approved by the town, to warn potential buyers that no standards had been agreed upon. Kassawara alternatively suggested that each parcel must adhere to a common set of guidelines even though no master plan has yet been developed. Glenn agreed with the suggestion and asked that Kassawara develop a set of guidelines.

Glenn also expressed concern that the initial Villani lot purchasers might not be required to pay for road impacts while those buying the last few might have to pay for some additional traffic improvements the others avoided. Kassawara said the increase in the amount of traffic from this industrial area on Mitchell Avenue and Second Street would be slight, and there were no plans yet for an internal roadway.

Trustee Gail Drumm made several requests. Drumm asked that a sidewalk be required as a condition, and Kassawara said that it was a code requirement. Drumm pointed out that the Monument Rock development, owned by Konarski, had not been required to build a sidewalk to comply with the code. Kassawara said that now that he is aware of that requirement, Konarski will be required to install her Monument Rock sidewalk retroactively when she seeks approval of the next filing of that development.

Drumm asked that all the trees that were moved be replanted in the Monument Sewer District easement at the rear of each of the proposed new lots to act as a screen for the Santa Fe Trails development to the east. Drumm lives in Santa Fe Trails. Kassawara pointed out that trees are never planted in a sewer easement and those already in the sewer easement will have to be moved elsewhere.

Drumm then asked that the Monument Sanitation District’s sewer easement be moved to the front of the seven lots. The Villani consultant engineer pointed out that they would not drain by gravity in that location to the existing manhole at the southeast corner of the parcel. Glenn concurred. Drumm persisted, saying that the two heavily treed lots could not be developed because all the existing trees could not be transplanted within these two lots.

During public comment, Planning Commissioner Lowell Morgan asked if the existing dirt road right-of-way could become a trail for pedestrians and cyclists.

Monument business owner Brian Brooks pointed out that the two-for-one tree substitution rule was impossible to apply to the densely treed proposed lot 2 and that no building could be built with the current code restriction. Glenn said, "The code’s the code" and that this was the owner’s and buyer’s problem. There was considerable further discussion about how trees are affected by architectural and landscaping standards and how the code on these issues could be applied without a master plan or site plan.

Kassawara said that a plat only defines the boundaries of the lots, easements, and circulation by planned roads, and all these issues are not actually addressed in the code. The town staff should be allowed to use its own judgment since there is no legal definition distinguishing a mature tree from a sapling. He added that scrub oak is not a tree that is protected by codes because it is invasive vegetation. Kassawara also said that the trees could be transplanted to the sparsely treed lots at the south end of the parcel or two new trees of equal caliper/diameter could be planted in place of those lost. He said he would require a more complete tree survey for the parcel to provide a better plan of analysis.

After the public hearing was closed, Drumm offered a motion to continue the plat application until a tree survey is completed Town Manager Cathy Green said that the delay might not harm the Villani development timeline because a master plan is typically required at the time of approval of a final rather than a preliminary plat. Final plats are typically approved at the same time as final PD site plans.

Villani land planner Pam Cherry of Land Development Consultants, Inc. asked Green if the town code actually requires a master plan for submission of a plat. Green said she did not know the code requirement for a PID plat Cherry and Kassawara said that drainage and erosion control plans, pavement and soil reports, the analysis of the town’s own water system, as well as submission of proposed building elevations usually require some knowledge of what is to be built on the lots. The owner has had no discussions with any potential purchasers and can’t until the subdivisions in the plat are approved. Cherry added that the right-of-way on the parcel was never recorded and that a master plan couldn’t be developed without knowledge of the purchasers’ intended uses.

Kassawara said that the appropriate time to look at all these submittals is when the first site plan is submitted because there is no development plan by a lot owner yet. Green said that the PID zoning ordinance is an obsolete hybrid zone no longer used. She also said that plats are not site plans. She added that the other document requirements for elevations and traffic and drainage studies in the town code for PID plats were inappropriate.

Cherry said that Villani cannot get a buyer until the land is subdivided and cannot develop the requested plans without revenue. Green and Kassawara said the master plan could be developed after the parcel was subdivided. Shupp suggested approval of the plat with a condition that it not be recorded until guidelines for the site, rather than a master plan, are submitted to the staff. Shupp said plat approval would create the lots, allowing Villani to sell them as requested by Cherry.

Trustee Tim Miller said the proposed plat should be rejected. Glenn said he did not like the attitude of Cherry. However, Cherry said she had only asked that the board follow its own town code. The board’s vote on Drumm’s motion to continue was 1-4 with only Drumm in favor.

Kassawara again asked what condition he was supposed to enforce before the plat was recorded. Glenn said he wanted a condition specifically stated on the plat to ensure that the lot buyer knows exactly what was being required by the town at the time of development including architectural guidelines and landscaping guidelines. Kassawara said, "That’s a master plan then. That’s not a set of guidelines." Glenn said it wasn’t a master plan. Kassawara said, "I’m trying to figure out how that fits into our code, what that is. Our code doesn’t have a procedure for getting design guidelines approved. Does it require a public hearing or not?" Shupp said the board could require a public hearing or allow the Planning Department to approve the guidelines.

A motion to approve the ordinance authorizing the Villani plat passed unanimously. The board required the Villani land owner to submit guidelines—rather than a master plan—regarding architecture, landscaping, tree relocation and replacement, etc., to be approved by staff prior to the town authorizing final recording of the plat with the county.

The board unanimously and retroactively approved the ordinances for the preliminary plat for Filing 1 of the Village Center @ Woodmoor and the final plat for Filings 1-6 of Monument Marketplace. While construction is nearing completion on all these plats, they were never formally approved by the board.

The board also unanimously approved a new final plat ordinance for filing 7 of the Monument Marketplace. Filing 7 is the location of a Village Inn restaurant in the northeast corner of the center.

Filing 8 is the location of Gene Jones’ new liquor store in the southeast corner of the center. Green noted that his liquor license was approved a year ago. This ordinance was approved (4-0-1) with Glenn abstaining.

The board unanimously approved a temporary one-day special event liquor license for St. Peter parish for an all-day parish and community festival to be held at its north parking lot on Sept. 23 from 8 a.m. to 8 p.m. The church committee will serve beer and wine in a "beer garden"area.

The board unanimously approved one-year renewals of liquor licenses for Cork-n-Bottle at 351 Highway 105 and the 7-Eleven at 283 Highway 105. Detective Mark Owens of the Monument Police Department attested that there had been no violations in the past 12 months at either store.

The board continued the renewal request of Eagle Wine & Spirits in the King Soopers center after there were some unresolved trustee questions regarding two instances of state sting operations leading to sales of alcohol to minors. In each case, the employee who sold alcohol to the state’s underage operative was fired. Employees now sign a contract every three months after a 90-minute one-on-one session with the owner that says they will be immediately fired if they sell alcohol to a minor. There were no violations noted by the town.

Trustee Miller advocated denying a license renewal. Green said, "You put them out of business." She noted that both employees had been trained and warned by the owner, yet sold alcohol to a minor anyway and were fired immediately. Shupp said, "We end up with a lawsuit." Miller advocated targeted stings by the town police because he said he did not know how many other sales might have been made. Shupp said, "I don’t think you necessarily want to target a particular establishment."

The board unanimously continued the hearing until a special meeting June 26 and to require Eagle Wine & Spirits owner Randy Obermeyer to attend the next hearing.

This hearing date will allow for full notice of a second hearing and also allow the state enough time to process the renewal paperwork if approved at that meeting without putting Obermeyer out of business.

The board unanimously approved three payments over $5,000 each:

The board also agreed to pay engineering consultant Nolte Associates $19,290 for a combined set of standards between the town and Triview Metropolitan district roadway design and construction. Kassawara said the town and the district have been merging their infrastructure and development standards for 10 months. The more stringent standards of the two have been adopted by both entities in all cases. Triview’s consultants will have performed all the consolidation work at completion of the project. Kassawara said the first set of standards prepared by Nolte were paid for by Triview and cost $32,000. Kassawara said the unbudgeted $19,290 town payment came from the Development Services Department’s surplus rolled over from 2005.

Future joint standards yet to be developed include stormwater and drainage master plans. The town of Monument has neither. The cost should be less than the other standards that have already been paid for.

Town Attorney Shupp reported that after the District Court had dismissed the Transmit Mix concrete batch plant lawsuit against the town, a settlement was being negotiated between the plaintiff’s and town’s attorneys wherein the plaintiff would not seek any appeals of their lost decision if the town did not attempt to recover the legal fees it is entitled to after successfully defending itself against the Transit Mix suit.

Green said the staff would have a new lighting ordinance for the board to consider by the end of July.

She suggested that the town support the proposed sale of Adelphia’s cable TV assets in Monument to Comcast.

The board went into executive session at 8:45 p.m.

Afterward, the board approved a proposal to offer a four-year waiver on half the firm’s sales tax as well as a complete waiver of all the town’s construction tax of 2 percent on new building materials as an incentive to Empirical Testing Corp., a medical equipment testing company, to open a new location in Monument.

The Monument Planning Commission approved preliminary plats for filings 2 and 3 of the Village Center at Woodmoor. The commissioners also approved the town’s proposed request that the county discontinue processing the Hillsong project and refer the applicants to the town for annexation and development.

Commissioners John Kortgardner, Ed Delaney, Patricia Mettler, and Kathy Spence were present. DeLaney presided.

Background: The Village Center @ Woodmoor occupies a 140-acre parcel, formerly the agricultural Wahlborg Addition along the south side of Highway 105 east of Knollwood Drive. The parcel was rezoned from rural to planned development when it was annexed by Monument in 2004.

The Village Center plan, as presented in 2004, is posted on the OCN Web site (at www.ourcommunitynews.org/v4n4village.htm ). The project consists of four filings. Filings 1 through 3 are planned for residences. Filing 4 is a planned 44-acre, 12-lot commercial development on the northwest corner of the property.

Construction is under way on filing 1, a single-family housing development on the southwest portion of the property.

Preliminary plat for filing 2 approved: Filing 2 consists of 46 single-family lots on 30.55 acres with lot sizes ranging from 11,875 square feet to 41,997 square feet. There are approximately 3 acres of open space as part of this plat.

Dale Turner represented developer Colorado Commercial Builders. He noted that the plats comply with the approved master plan for the development.

Woodmoor resident Michael Reed asked about traffic flow.

Turner said there will be access across from the Church of Latter Day Saints on Highway 105. He said acceleration and deceleration lanes will be built. He added that a signal will be added at that intersection when the traffic flow warrants it.

Woodmoor resident Joe Subialka asked about the boundary between filing 2 and the houses to the south.

Turner replied that based on an agreement with the Woodmoor Improvement Association (WIA), the 20-foot trail easement originally proposed was removed. He added that the developer is not planning to install fencing along that boundary although the residents might install privacy fences.

Elizabeth Miller, a member of the WIA architectural control committee, said the committee wanted a buffer and a fence but not a trail.

The Planning Commission unanimously voted to recommend approval of the plat for filing 2 without conditions.

Preliminary plat for filing 3 approved: Filing 3 consists of 22.37 acres for a multi-family subdivision. There are approximately 4.5 acres of open space as part of this plat. The plat shows three lots and two tracts but few details. Director of Development Services Tom Kassawara noted that a site plan for this plat showing the details of the multi-family development will be brought to the Planning Commission and Board of Trustees later.

Kassawara added that the developer has reconfigured open space tract A on the northeast corner of the plat to be easier to develop. Tim Irish of Designed Properties, LLC, has proposed developing that tract for affordable housing for seniors. As part of that project, the town would donate the open space to the developer, Kassawara said.

Spence said, "How do we know it will stay affordable?"

Kassawara replied that the rents for the units would be governed by an agreement between Irish and the town.

Monument Principal Planner Karen Griffith added that the agreement would require that some of the units have rents below market rates.

Mettler asked about landscaping plans for the open space.

Turner replied that the landscaping would primarily be concentrated along the trails.

Referring to the incompleteness of the plans for the multi-family lots, Turner said the real reason for bringing these plats forward now is to provide roads for secondary access to the filing 1 residential development that is under construction in the southwest part of the project.

Reed expressed concern that the height of structures on the northeast corner of the development might obscure views from homes to the north of the project.

Turner noted that it is open space and is difficult to develop due to the terrain.

Kassawara added that building heights are limited to 35 feet.

Reed said, "That alleviates my concerns."

The Planning Commission unanimously voted to recommend approval of the plat for filing 3 without conditions.

Griffith said the town received a request from the El Paso County Development Services Department for comments on the proposed Hillsong Village preliminary plan and zone change.

The property consists of 24 acres east of Monument Hill Road and immediately south of the Colorado Heights Camping Resort. The parcel is currently zoned as planned office complex. The proposal is for 36 single-family lots and one multi-family tract.

Griffith said the parcel is within the town’s urban growth boundaries as adopted in the comprehensive plan and so is a candidate to be annexed into the town.

Griffith’s letter requested that the county discontinue processing the application and direct the applicants to apply to the town for annexation and development of the parcel. Some reasons for that position were:

Griffith also noted:

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The next meeting is at 6:30 p.m. June 12 at Monument Town Hall, 166 Second St. Meetings are normally held the second Wednesday of the month.

Classic Homes plans to propose annexation of the former Baptist Camp to Monument and build as many as 899 upscale homes on the 461 acres that compose the heavily wooded property. The site is located on Kingswood Road north of Kingswood Estates. Monument Town Manager Cathy Green said Classic has estimated homes in the area would sell for around $600,000 or more.

At the request of Kim Scherschligt, Monument staff hosted an informal meeting and invited representatives from several homeowners associations in neighboring subdivisions to review the builder’s planned development sketch plan proposal, answer questions, and take comments. Scherschligt is a member of the Northern El Paso County Planning Board (NEPCO), works as a planner for Douglas County, and owns a home in Fox Pines that abuts the Baptist Camp property.

Green, Director of Development Services Tom Kassawara, and principal planner Karen Griffith represented the town of Monument. NEPCO members Chris Makela of Gleneagle and Mike Stark of Fox Pines attended, as well as several other homeowners.

Scherschligt’s main concern was the proposed density of housing in the development. The site is currently in unincorporated El Paso County and zoned RR-3, which designates the area as rural residential and carries a recommendation for a density of one home per five acres. If annexed into Monument, the area will be zoned as planned development (PD). Green said the town’s code currently does not place a restriction on density per acre, though in the future staff would like to break the PD zoning into subsets designating maximum density per acre.

Although Classic representatives have stated in the narrative accompanying the plan that they intend to construct approximately 650 homes, the sketch plan shows a much greater maximum of 899 homes on the 461-acre parcel at completion. Scherschligt said she felt the density was too high for the parcel and would like to see the lower number spelled out on a sketch plan revision and continued on all subsequent plans.

Griffith replied that the town had asked Classic to clarify the maximum number of 650 homes by placing it on its drawings. Kassawara stated that in most cases, the number of planned homes decreases as the builder makes allowances for infrastructure and natural features, so the final number could fall even further.

According to the sketch plan, which shows the approximate locations of general features such as trails, roads and "bubbles" indicating residential groupings but not individual lot lines, the builder plans a maximum density of 3 1/2 homes per acre. Some areas will have larger lots, with projected densities of only one residence on three acres. Kassawara said density was less important than lot size, which could be minimally specified by the Monument Board of Trustees (BOT) under a PD zone.

Scherschligt, who had viewed the plans prior to the meeting, asked about local and regional trails shown on the map. Classic had previously met with the residents owning properties adjoining an existing regional trail, which follows the boundary between Fox Pines and the former Baptist Camp, eventually connecting the Santa Fe Trail to Fox Run Park. All four homeowners with lots along the trail corridor objected to the location, contending that the proximity of the trail to their homes disturbs their privacy. One homeowner, who discovered after closing that his builder had violated the setback requirement, said his home is approximately 26 feet from the trail.

Town staff said the homeowners had other options to consider. The regional trail could be rerouted to a different location and the trail eliminated altogether, but the buffer zone between Fox Pine and Sanctuary Pointe would be smaller. Or the existing trail could be used as a minor trail corridor, which would maintain a larger buffer between the two subdivisions but reduce use Staff members indicated they would continue to work with the property owners to find an acceptable solution.

Scherschligt pointed out that only 20 percent of the total acreage was devoted to open space, noting that only the perimeter appeared to be wooded. She was concerned that the town intended to allow over-lot grading, a process that requires the removal of vegetation and use of an earth-mover to level the site.

Griffith replied that the town and Classic have different visions for Sanctuary Pointe. She said that the site was unique, and one of the last remaining wooded areas available. The developer had indicated a desire to preserve as many of the trees as possible and build around the land’s natural contours. Should the area be annexed, lot layout would have to meet the town’s approval.

Green said that although the Baptist Camp site had been targeted for eventual annexation by the town in its comprehensive long-range plan, the plan and suggested zoning are merely guidelines. The project will be evaluated on its own merits. The board will determine whether annexation of the parcel is advantageous for Monument.

Griffith told attendees that the presence of such a dense stand of trees in a residential area would present a critical safety issue for the town. Should the annexation be approved, the town would recommend the developer retain a forester to create a wildfire mitigation plan for the area, and require the builder to follow guidelines.

Other concessions requested by area residents, such as parks, open space, biking and walking trails, and wildlife corridors, would be topics of negotiations between the town and the developer.

If annexed, the Sanctuary Pointe subdivision would be included in the Triview Metro District, which would provide water and sewer service, manage stormwater and maintain roads and public spaces.

Green said the PD sketch proposal could be reviewed by the Monument Planning Commission as early as July. The BOT could consider annexation at its Aug. 21 meeting, but a September hearing is probably more likely.

Green, Griffith, and Kassawara thanked community members for attending and said comments and concerns expressed by the group were appreciated and would be considered during the town’s review.

The Palmer Lake Town Council approved three new business licenses at its workshop meeting June 1. The council also heard a proposal by local historian Jim Sawatzki for a television show about Palmer Lake’s historic Chautauqua summer sessions of the distant past. Trustee Trudy Finan was excused.

The board first met as the Palmer Lake Liquor Licensing Authority to hear Jeff Hulsmann’s formal "modification of premises" request for Joseph O’Malley’s Steak Pub. He had given an overview of his request at the May regular council meeting. He is expanding the front and side porch to provide more outdoor room for smokers due to the state law prohibiting indoor smoking in restaurants as of July 1.

Hulsmann said the extra room on the deck is designed to keep smokers from affecting customers inside and at the door. There are no alterations to parking on the property.

Hulsmann’s request was approved unanimously, and the Licensing Authority session adjourned at 7:05 p.m.

Sawatzki told the board he is working on a half-hour show for the Denver Public Broadcasting System (PBS) affiliate on the history of summer Chautauqua meetings that were held in the Glen area just south of Palmer Lake for about 30 years, until 1910. At that time, the Glen was separate from the town, having its own post office and train depot. Sawatzki said he produced a half-hour Rocky Mountain PBS show about Palmer Lake 10 years ago.

Sawatzki and the trustees had a lengthy, wide-ranging discussion about the content of the various Chautauqua meetings and the history of the cabins in the Glen that were built for those attending these sessions. Sawatzki asked the council for:

Sawatzki said he wants to re-create more dramatic scenes than regular PBS viewers may expect since there are not many surviving photos of Chautauqua sessions, the cabins in the Glen, and Palmer Lake scenes from that era. The council members all expressed enthusiasm and support for Sawatzki’s request and invited him back when he has more details and dates for his production schedule.

The council approved three new business license requests as consent items for the regular meeting on June 8. Applicants who satisfactorily answer all questions from the trustees and staff at the preceding workshop are not required to attend the regular council meeting for the formal vote on their licenses. The approved businesses are:

During the discussion of the Classic Catering license, Jones asked what kind of signs she could place on the roof of the building she will be leasing, noting that the town’s recent sign ordinance was difficult to understand and seemed to be very restrictive for businesses at the southeast end of the town.

Economic Development Trustee Susan Miner agreed and noted that the location of Jones’ business was technically in a "suburb" of downtown Palmer Lake and that the current sign ordinance applies only to downtown uses and their 30-mph-or-less speed limits. She said that the signs allowed are too small to be read at the higher speed limits along other portions of Highway 105.

Miner suggested that the council follow up on ordinance changes originally proposed in 2001 that would apply to businesses outside of the downtown area. She invited Jones to join a committee to study the sign ordinance revision issue and wait for resolution before coming back with a specific sign request. The council agreed to formation of a town sign committee that would meet on the third Thursday of the month. Jones’ sign request will have to be approved by the Planning Commission and Town Council.

Claire Brenneman asked to move one of the two town taps he had purchased in 1969 to a portion of his Pineview Road property that is actually in Douglas County. He noted that two neighbors had purchased town taps in the early 1970s that were installed in Douglas County at that time, outside the town limits. Town Clerk Della Gray confirmed those details of Brenneman’s statement.

There was a brief discussion about annexation of the properties across the Douglas County line. There was consensus that Brenneman’s tap request was "grandfathered" by his 37-year history of payments to the town and the two previous approvals. Because Brenneman’s request requires passage of a resolution, it could not be made a consent item for the June 8 regular meeting.

The council unanimously approved a request by former Mayor Nikki McDonald to amend a Planned Unit Development to build a four unit, 8,000-square-foot multifamily residence on a property at 95 Greeley Blvd. Roads Supervisor Bob Radosevich noted that no on-street parking would be allowed at the site. The contractor for the project is Palmer Lake Planning Commission Chairman John Cressman. The proposed amendment was unanimously approved by the Planning Commission on May 17. The formal public hearing on the amendment, which cannot be a consent item, was scheduled for June 8.

There was a brief discussion about a proposed amendment to the town’s hillside ordinance that sharply limits construction on sites with an average slope of greater than 15 percent. There was agreement to the two main features of the amendment that state that no living space can be built on stilts, columns, piers, etc., and that deck space can be no more than 20 percent of livable interior space.

The purpose of these two new restrictions is to ensure that exposed space under a home or deck is limited because vegetation that stabilizes the soil and prevents erosion will not get enough sun to live after construction is complete. There was some discussion about how the 20 percent figure was derived and when waiver requests would be referred to the Board of Adjustments and/or the Planning Commission and the Town Council. There was consensus to have the town attorney look at the proposed wording of the change to the town code before the public hearing and vote scheduled for June 8.

Miner proposed that each of the council members review and prepare presentations on the parts of the town’s comprehensive plan that they are responsible for. The presentations are to be made in the next several months as a public education process for the council and town residents. She noted that the plan was written in 1983 and had been updated in 1999 and 2001. State law requires updates at least every 10 years.

McDonald noted that the update in 1999 was paid for by a grant from the Pikes Peak Area Council of Governments. Miner asked that the town’s residents be invited again to participate in the review and presentation so the update becomes a more effective roadmap for future development.

The meeting adjourned at 8:45 p.m.

Below: Palmer Lake Police Department Senior Officer Mike Brennan was appointed interim police chief at the regular town council meeting on June 8. Mayor Max Parker pinned on the chief’s badge for Brennan immediately after the council’s unanimous vote of approval. Photo by Jim Kendrick

Palmer Lake Police Department Senior Officer Mike Brennan was appointed interim police chief at the regular town council meeting June 8. Brennan will take charge until a permanent replacement for retiring Chief Dale Smith is appointed. Smith is retiring on June 30. Mayor Max Parker pinned on the chief’s badge for Brennan immediately after the council’s unanimous vote of approval.

Payment of bills for May and the three new business licenses approved at the workshop on June 1 were all approved without discussion. The new licensees were Wooden Earth, Mark Kirkland Photography, and Classic Catering by Anne & Company (see the article on page 12 for more details.)

The board unanimously approved a donation of $1,000 to local historian Jim Sawatzki to become a "major sponsor" of his proposed half-hour PBS television production on the history of Palmer Lake summer Chautauqua sessions and the cabins built for attendees in the Glen. Sawatzki, a previous Emmy award nominee, said the show he is producing for PBS and the Learning Channel would also be released on a 90-minute video disc in late 2007. The disc will include this new show, his previous 30-minute PBS show on the history of Palmer Lake, plus an additional 30 minutes or so of other related historical material about area history. The town will receive 20 copies of the 90-minute disc as a major sponsor, and be listed on the front of the CD package. The $1,000 donation was composed of $500 offered by Parks and Recreation Trustee Trish Flake and Economic Development Trustee Susan Miner from their respective discretionary budgets.

Roads Trustee Richard Allen said that due to drought, heat, and strong winds, the Road Department’s dust-control efforts might be less effective this year. To date, 25,000 gallons of water and 7,800 pounds of magnesium chloride have been applied to the town’s dirt roads to help control blowing dust, but he emphasized that dust would remain a major problem for the rest of this year.

Allen also noted that the Roads Department is working hard to complete a number of projects prior to the July 4 weekend. About 250 tons of Class 6 road base were used to recrown Milton Street. Phase I of the parking lot project in Centennial Park should be completed by June 16. Roads Supervisor Bob Radosevich said that in later phases, additional fill will be added to raise the grade of the new lot to the level of Highway 105. Landscaping, lighting, islands, and perhaps paving will be added as funds become available through grants or the town’s budget.

Fire Trustee Gary Coleman reported the success of the volunteers of the Palmer Lake Volunteer Fire Department and the Fireworks Committee in making the town the focal point for rest and refreshments for the annual Elephant Rock bicycle race on June 4. The event attracts thousands of riders to the town each year.

Coleman also thanked the Bodhicitta Bakery, at 780 Highway 105, Suite B, in advance for sponsoring a pizza sale June 16, with half the gross revenue from evening pizza sales to be donated to the Volunteer Fire Department.

Allen reported for Police Trustee Trudy Finan, who was absent, that police calls for May were up to 131 from 123 in April, but down from 149 in May 2005. The biggest reported statistical declines from last year were in traffic and dog warnings, down from 61 to 13, and traffic citations, down from 29 to 19.

Parks and Recreation Trustee Trish Flake reported that the change in the town’s grant request to the Colorado Tennis Association had resulted in Community Development Committee chair Carolyn Peters asking the town to re-apply in October for a resurfacing grant for the town’s tennis courts. Palmer Lake Tennis Center manager Kim Makower had prepared the grant request in which he had offered to give tennis lessons at the resurfaced courts over the next several years, which was a condition of the grant award. However, he withdrew his offer after losing the April election for mayor to Parker.

Flake also reported that a place on the lawn in front of Town Hall had been selected for the statue of the German shepherd "Dizzy Dean," which was commissioned by the Lucretia Vaile Historical Museum to commemorate its 50th anniversary. "Dizzy" wore saddle bags that were used to transport construction materials in 1935 during volunteers’ construction of the town star. The star is illuminated at night for Memorial Day weekend and the Christmas season each year. The landmark can be seen for miles in many directions along the Front Range.

Water Trustee Jim Girlando reported that the town had consumed 7,627,000 gallons of treated water. The new south valley pipeline should be installed by the end of 2007. Resident Larry Meyer noted that the excavation had contributed to the blowing dust problem on the town’s predominantly dirt roads. Allen noted that this problem would last throughout this summer as construction continues, and the Road Department would do its best to help minimize the dust. Repaving will take place after installation is complete.

Girlando also reported that the Water Committee would start a series of meetings to evaluate the results of the recent rate increase and review how the revenue might best be allocated for future water system projects.

Miner gave a lengthy report on initial progress toward the goals of the town’s comprehensive plan. She reported the formation of a committee to perform demographic assessments on how best to solicit visitors for day trips and overnight stays. The members are Jeff Smith of Pinecrest, Al Fritts of the Inn at Palmer Divide, and Paula Johnson of Grayson’s Pineview Inn.

Miner is also working with Bill Roach of the Tri-Lakes Chamber of Commerce and Don Bennett of Big Fish Marketing to create a marketing study for the town by the end of the year. She said she hopes to increase recreational tourism and recruit appropriate supporting businesses.

Miner noted that a photographic competition called "Finding Palmer Lake" has been set up at the Tri-Lakes Center of the Arts, with categories for children, amateurs, and professionals. The photos are to focus on what Palmer Lake means to the photographers.

Citizen committee meetings on all aspects of the comprehensive plan review were to start on June 15. They will take place at Town Hall on the third Thursday of the month. Miner asked all residents to consider volunteering for the various groups that will create a new economic development plan for downtown and the commercial areas to the southeast along Highway 105. She said that the town will have little success in garnering state and federal grants for development without strong citizen participation.

Mayor Parker asked people to control their food and trash to minimize the chance for wildlife problems, particularly bear encounters. He also asked that people comply with prohibitions on fireworks and gun discharges within town to minimize the extremely high wildfire hazard during the holiday and the rest of the summer.

Awake the Lake spokesman Jeff Hulsmann suggested that the town maintain the level of Palmer Lake by digging an agricultural well in it. He said his discussions with the state water engineering department had led him to believe that this approach would present the fewest obstacles in terms of storage and water rights. Initially, he said, the untreated agricultural well water from one of the deeper aquifers would maintain the highest level achieved in summer 2005, when the lake was refilled with dechlorinated drinking water from the town’s now-depleted well. That particular water level supported the basic ecosystem of the lake and kept the temperature cool enough to sustain the stocked trout, though it is only about one-third full.

Hulsmann said the lake is back down to the level it was two summers ago, 2 feet at the deepest point, before it was partially filled with drinking water last summer. Hulsmann asked the town to provide the committee with any legal information it could from the town’s water attorney on well use and storage rights. Parker said that the town needs to move forward with a solution before people lose hope and stop buying Awake the Lake Committee memorial park pavers and T-shirts.

Town Clerk Della Gray reported that the town had proposed rerouting the planned drainage from the future Kemper subdivision on the south side of the Highway 105 opposite the "red barn." Instead of flowing north of the County Line Road intersection along Spruce Mountain Road, the drainage water would instead go under Highway 105, by the stone entrance sign south of the intersection with County Line Road and along drainages and detention ponds to be constructed in Centennial Park. Gray reported that the subdivision’s storm water would then drain into a new stub tap of the old water line under the railroad tracks that used to replenish Palmer Lake from the town’s surface reservoirs. This water used to flow into the lake through a drainage culvert under the tracks but was destroyed after flooding in that area several years ago.

As Fireworks Committee spokesman, Hulsmann asked the town to cover some, if not all, of any increase in costs for police protection for July 4. He said that the police and crowd control cost was $1,600 in 2005 and may double this year, according to a preliminary estimate interim Chief Brennan had prepared. Final police costs are not known until after each year’s event. In addition to paid police support from Palmer Lake and the Town of Monument, some 60 to 75 uniformed personnel from a variety of regional organizations will help with traffic and crowd control. Fire Rehab feeds these personnel and their families throughout the day, though a significant portion of their cost to the committee is usually offset by contributions to Fire Rehab volunteer cooks.

Attendance in Palmer Lake throughout the holiday period has risen sharply each year over the past few years, resulting in the need for more traffic and crowd control personnel. The fireworks committee’s total budget for 2006 is $17,000, of which $13,000 pays for the fireworks show.

The council unanimously approved Claire Brenneman’s request to move one of the two town water taps he has owned since 1969 and has used continuously for the past 36 years within his property, which straddles the El Paso and Douglas County line. The tap he has always used for irrigation will be moved from inside the town limits into Douglas County for a newly constructed residence. This tap will convey to the new owners of the house if it is ever sold.

After a lengthy question-and-answer period by the trustees, Town Attorney Jim Kin advised that the resolution approving the move of the tap into another county specifically state that this approval of the tap relocation into another county was "grandfathered" by two previous town approvals for town water taps on neighboring properties in Douglas County during the early 1970s.

The council unanimously approved Nikki McDonald’s request for an amendment to the Planned Unit Development plan for 95 Greeley Blvd., to build an 8,000-square foot, four-family-townhouse building.

During the public input portion of the agenda, the last agenda item, Kim Makower suggested having a public comment portion for items not on the agenda at the start of the council meeting as well as comments at the end. The meeting adjourned at 9:08 p.m.

Colorado Springs Utilities (CSU) has decided to move ahead with its plans to build a $400,000 lift station for the 49 homes Picolan is building off Doral Way. The site is near the southwest corner of the Donala district, and although it lies within Colorado Springs city limits and will therefore be served by CSU, it is isolated from other city subdivisions by the Smith Creek drainage.

Donala’s lift station near Northgate Road could easily service the area and has the excess capacity to do so. It was originally sized to serve residential and commercial development, but the commercial portion never materialized.

Donala had offered to contract with CSU to handle the small subdivision’s wastewater. Negotiations stalled over effluent.

The city will supply water to the homes. If Donala were to provide sanitary sewer service, the wastewater generated would pass through the Upper Monument Creek Wastewater Treatment Facility, and Donala would receive credit for the effluent, which Donala General Manager Dana Duthie estimates would amount to about eight acre-feet per year. Duthie offered to credit CSU for the effluent and deduct the credit from the wastewater servicing contract.

CSU stated it cannot supply water, even indirectly, to northern communities.

Duthie seemed disappointed but not surprised by the utility’s decision to move forward with a separate station, which he said demonstrates CSU’s general unwillingness to cooperate with northern El Paso County communities, even when it could benefit both entities and save the city a significant amount of money.

Duthie asked the board’s approval to recommend disapproval of the site application at the Water Quality Committee of Pikes Peak Area Council of Government hearing. He said building a second lift station within 400 feet of Donala’s was an unnecessary duplication of effort. Board members agreed to support Duthie’s decision.

Efforts by authority members to amend the establishing document for the El Paso County Water Authority to make it easier to obtain a quorum failed.

In 2005, the El Paso County Commissioners voted to require that all newly created water districts within the county join the Water Authority. Several smaller members, including Cascade Metro Districts A & B, do not attend on a regular basis, making it difficult to obtain a quorum for voting purposes.

A quorum, as defined in the establishing document, is a percentage of the total membership. Actively participating Water Authority members wanted to remove the quorum definition from the establishing document and place it in the by-laws, change the definition to a set number of individuals, and each year update the number of individuals required to form a quorum.

But to change the establishing document, 100 percent of the existing membership must ratify the new document.

Water Authority subcommittee formed to set up transit loss administration

Duthie said that a June 2 special meeting to set up administration for the transit loss model was well-attended. The Water Authority has agreed to act as administering agent.

The U.S. Geological Survey conducted the transit loss study under contract and will continue to be responsible for operation and maintenance of the computer model and the gauging stations. The model will allow participating agencies to track flows in Monument and Fountain creeks and accurately determine the amount of water lost en route to the Arkansas River. This is important in accounting to the state of Colorado for the surface water in those streams available for sale or trade.

The study is expected to be complete and the model implemented sometime in 2007. Participating agencies will be expected to split the estimated $180,000 per year the USGS will charge to keep the model up and running. One plan was to charge 20 percent of the yearly cost as a base fee and split that equally among all participants, with the remaining 80 percent to be split based on contribution to flow the previous year as measured in acre-feet.

The group also discussed how private parties wishing to participate in the model, such as the Fountain Mutual Irrigation Co., will be included. Any additional parties will be expected to reimburse the Authority for a portion of the study, as well as pay a share of annual model costs.

The committee will continue to work out the details.

Duthie told the board that Donala’s base share would run close to $1,800. The greatest value derived from the model is the ability to sell effluent credits downstream, but Donala has had only two buyers. The town of Monument purchased effluent credits to refill its lake. A farmers’ co-op purchases unused credits for about $10 per acre-foot. Duthie said the directors may need to re-evaluate whether participation in the model is presently worth the expense.

Paul Rochette of the economic consulting firm Bamberger Group updated the Palmer Divide Water Group (PDWG) on the progress of an economic study it had commissioned. Several members of the Colorado Springs City Council have stated that explosive growth outside city limits in the northern part of El Paso County drains valuable tax dollars from Colorado Springs, and have used that rationale to justify refusing to cooperate in bringing surface water to Tri-Lakes communities.

The PDWG commissioned the study to quantify the contributions of northern El Paso County communities to the Colorado Springs economy.

Rochette said that the "no growth outside city limits" policy had its origins in the 1960s, when growth outside city boundaries was detrimental. He claimed that scenario is no longer accurate. His study shows, for example, that county residents traveling into the city add $4.8 million to the city’s cost, but generate $21 million in sales tax revenues.

The draft report should be complete before July. The PDWG hopes to present the report to the City Council soon.

Dick Brown, lobbyist for the PDWG, has established a Web site for the group. In addition to providing general information for the public, group members will have their own secure passwords to view confidential information. ( www.palmerdividewatergroup.com)

Duthie told board members that Xcel plans to build a dual-generation power plant south of Colorado Springs. The plant will need approximately 4,000 acre-feet of water per year, which could be supplied by wells in a satellite field in the Greenland Ranch area. The company may use Monument Creek to transport the water south. According to Duthie, there may be an opportunity for water districts to "use" the water by pulling from the creek and replacing it with effluent from local wastewater treatment plants.

Two eastern pipelines bringing water north from the lower Arkansas may also eventually provide surface water to the Tri-Lakes region.

A company called Pure Cycle hopes to win permission from Colorado water courts to bring water from the lower Arkansas Valley to supply the Rangeview Metropolitan District, which will serve a planned new development on the old Lowry bombing range. The conceptual pipeline route lies about 40 miles east of the Tri-Lakes area; local water providers could conceivably build a pipeline to move the water west.

However, northern El Paso County needs only about 10,000 acre-feet per year; a pipeline of that length would be cost-prohibitive for a relatively modest volume of water. In addition, water quality is poor; the water is so alkaline and silt-laden that it will have to be treated before it is transported.

The Lower Arkansas Conservancy District has put themselves in the water business and is looking for customers for a second pipeline originating in the Highline area, which is in the middle Arkansas Valley. The water quality is better, and the pipeline route would probably be located closer to the region. As yet the pipeline has no customers and cannot move forward.

Duthie told board members that a 6-inch PVC pipe attached to Filter 1 in the Holbein plant burst and flooded the south pump room over the weekend. The system alerted employees when the pumps stopped working. When technicians arrived, the water was deep enough to be above the raw water pumps but below the clear pumps.

Employees drained the system and put fans on the pumps, which started up Monday morning. The district did not experience any loss in production.

Duthie told board members that the filter valve had been sticking and slamming shut, which may have created enough pressure to burst the pipe. He said that Donala could install a cast-iron pipe that would be less subject to ruptures, but the weight of the pipe would cause other problems.

Engineering consulting firm GMS finalized the design for the equalization basin. Weaver General Construction poured the footers and is pouring the walls. The next step is to build the influent station, which has almost completed the design phase.

Engineers recently discovered that the current electrical service does not provide enough power capacity for the finished plant. A second service line will be needed, which will create a second set of electrical bills, increasing the total power cost by about 35 percent. Currently, engineers for the project are considering two options for bringing in an additional line; both have drawbacks.

Duthie stated that although the equalization basin is behind, the expansion project as a whole is still on schedule.

Duthie reported that Well 2D was again operational. Technicians are still fine-tuning the computer system.

Well 2A’s production had dropped from 400 gallons per minute to 156 gallons per minute. The Arapaho well was scheduled for a redrill in 2008; Duthie said they may have to move the redrill up to this year.

Duthie announced that Triview Metro District manager Ron Simpson has given notice that he is leaving the district to pursue consulting work. Widefield manager and El Paso County Water Authority President Larry Bishop will replace Simpson as manager.

Director Dick Durham was absent and excused from the meeting. Due to an executive session presentation by water consultant Gary Barber that began at 1:30 and ended at 2:50 p.m., the regular public meeting did not begin until 2:55 p.m. The meeting adjourned at 3:50 p.m.

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The next regular meeting of the Donala board will take place on July 19 at 1:30 p.m. at the Donala office, 15850 Holbein Drive. Meetings are normally held on the third Wednesday of each month.

Below: Patricia Unger confers with her attorney Tim Bussey in court June 22 prior to entering a plea of guilty on the charge of embezzling funds from the Forest View Acres Water District. Unger paid the water district $300,000 as partial restitution. Sentencing is set for September 7. If the judge accepts the plea bargain agreement, Unger’s sentence will include six months of work release incarceration and 6 years of probation. Photo by Fred Malmstrom

Below (L to R): Attorney Paul Rufien, SDMS President Debbie McCoy, SDMS Manager Lisa Johnson, board members Ketch Nowacki, Barbara Reed-Polatty, Rich Crocker, Jeff Walker, Ekhardt Zimmermann, and Operations Manager Don LaFontaine. Photo by John Heiser

On June 22, at the regular monthly meeting of the Forest View Acres Water District (FVAWD) board of directors, it was announced that as part of a plea agreement to settle the criminal and civil suits against the district’s former contract office manager, Patricia Unger, she had pleaded guilty that day to theft of checks, a class 3 felony. Two other felony charges were dropped. As part of the agreement, Unger immediately gave the district two cashier’s checks totaling $300,000. The sentence recommended to the judge under the terms of the agreement is six months with work release during the day, six years probation, and restitution of an additional $15,000 at $250 per month over six years. Any violation by Unger of the conditions would carry an immediate eight-year prison sentence. Unger’s sentencing is scheduled for Sept. 7.

In an unrelated action, it was announced that Dan LaFontaine of Independent Water Services, the district’s contract water operations manager, had submitted his resignation effective Sept. 15. LaFontaine has been the district’s water operations manager for the past seven years. LaFontaine is responsible for maintaining the equipment and infrastructure and for managing all aspects of water delivery.

LaFontaine said that a recent letter from the district regarding his alleged non-compliance with requirements of his contract was "the straw that broke the camel’s back." LaFontaine said, "I put my heart and soul into this district. I feel I deserved more consideration." He cited the protracted negotiations on the new contract and a lack of response from the board to concerns he raised. Noting the district’s use of management company Special District Management Services, Inc. (SDMS) for administrative, bookkeeping, billing, and accounting services, he added, "I’m too small a company. The district is going places I can’t follow." In response to a question, he said, "I’m getting out of operations." He concluded his remarks by expressing appreciation to the residents and the board for his time as the district’s operations manager.

The board consists of Rich Crocker, Ketch Nowacki, Barbara Reed-Polatty, Jeff Walker, and Eckehart Zimmermann.

Lisa Johnson, SDMS district manager, serves as facilitator and secretary at the board meeting. Deborah McCoy, President of SDMS, was also present.

Attorney Paul Rufien provided legal advice.

The following appointments were unanimously approved: Reed-Polatty, president, Johnson, secretary, and Zimmermann, treasurer. The other board members were appointed assistant secretaries.

Johnson presented a list of claims paid through June 22 totaling $7,753 that included $4,515 for LaFontaine’s services and $1,088 for supplies and chemicals.

The net cash balance for all funds as of May 31 was $46,449.

Johnson said the total for accounts payable is $155,111 consisting of $59,969 due attorneys Petrock and Fendel, $79,316 due SDMS, and $15,826 due Rufien. Johnson added that the district’s total debt is $741,532.

Johnson reported that the district had received the $150,000 negotiated tap fee for the Red Rock Reserve Subdivision, formerly known as Raspberry Ridge and located north of Pixie Peak Road and west of Red Rock Ranch. The project involves 23 single-family lots on 67 acres.

LaFontaine said a leak was reported on May 7 and repaired May 19. He noted that during the excavation to repair the leak an unexpected water line was found and two lines were found to be not where they were shown on the district’s maps.

During May, the district’s surface plant produced 2.68 million gallons, averaging 60 gallons per minute over 31 days. The district’s well in the Arapahoe aquifer produced 259,200 gallons, averaging 108.4 gallons per minute over 1.7 days. The net monthly production was 2.91 million gallons.

Water sales for May totaled 2.07 million gallons.

LaFontaine calculated the net loss from the system during May was 837,148 gallons or 28.8 percent of total system use.

Nowacki said that in addition to addressing the accounts payable, the $88,000 reserve account for the state loan should be restored.

McCoy agreed and suggested that one year’s interest on the loan be set aside as well.

The board unanimously approved McCoy’s suggestion that the district deposit excess funds in a ColoTrust account. She said the