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Marshal Smith retires after 31 years

Below: Marshal Dale Smith (center) is flanked by his wife Pat and Palmer Lake Mayor Max Parker. Hundreds turned out June 30 to wish Smith well. Photo by Jim Kendrick

Click here or on the photo to zoom in and view additional pictures of the retirement celebration

By Jim Kendrick

A standing-room-only crowd of hundreds gathered at the Tri-Lakes Center of the Arts on the warm summer evening of June 30. A friendly buzz of conversation rose from each table and each group of people there to honor the 31-year career of Dale Smith, who was retiring from his post as "town marshal" of the Palmer Lake Police Department, a title he retained after his position was renamed chief of police. Interim Chief Mike Brennan was the master of ceremonies for the 55-minute tribute to this icon of Western small-town law and order and to his wife, Pat.

In an emotional speech, Mayor Max Parker praised Smith as "the consummate police officer. He knew his town, his people, and his job" and never let "an opportunity to grow go unmet." He said Smith displayed a "quick wit, quick smile, and also a firm hand to let the wrongdoers know who was in control. And for most in Palmer Lake, he has been such a part of the community for so long, that most of us have known no other. But there is a time to hang up the holsters and pick up the fishing rod, and for Dale and Pat that time has come. We can celebrate the many years they’ve lived in Palmer Lake and the years to come."

Colorado Assistant Attorney General Jeannie Smith, who was previously the district attorney for El Paso County, described working with Dale Smith for 22 years. She said the one word that described him best was "honorable—he is an honorable man" who "always tried to do the right thing" as a "member of the family of law enforcement." She also noted, to much laughter, that only one or two people ever went to traffic court when he gave them a ticket because "they knew it was fair and he had them." She said, "I won’t ask for a show of hands of people here who deserved the tickets he gave them."

Parker and Jeannie Smith then presented Dale Smith a Community Service Medal. She told the audience as she pinned it on that he had warned her under his breath, "This is a new shirt." She also presented him with a Meritorious Service Award. Then several others made presentations after telling stories of past experiences with Smith that had the audience laughing continuously.

Resident Bill McDonald read a framed poem he had written, titled "Sheriff Dale."

Regional FBI Supervisor Dan Bradley presented "a coin that they had made, instead of a medal, because we heard he had gotten a new shirt." Denver FBI Coordinator Keith Holland presented a certificate of recognition from FBI Director Robert Mueller for his "selfless efforts to protect the public" and his "professionalism and dedication to duty."

Retired Palmer Lake police officer John Cameron, who served under Smith for 22 years, presented a U.S. flag that had flown over the U.S. Capitol, from Sen. Wayne Allard.

Police Trustee Trudy Finan presented Smith with the new sign that renames the police department facility the "Dale T. Smith Police Building" in his honor, noting that "Dale was concerned he’d have to die before they named something after him." She also thanked Sheriff’s Office deputies who volunteered to cover the town so that all the members of Smith’s staff could attend the ceremony.

Liz Brown of the Sheriff’s Office Communications Section presented a CD of "The Best of Palmer Lake Dispatches" to Smith, including a special farewell dispatch from the day before, commemorating "31 years of working together."

Mayor Parker presented Pat Smith with a certificate of appreciation and a bouquet of flowers.

Officer James Fife, the newest member of the department, presented Chief Smith with his original seven-point marshal badge and more recent chief badge sealed in a Lucite block.

Smith gave a very brief speech that recognized all his fellow law enforcement professionals, his wife’s support of his career, and the many thanks he had received from citizens over the years. He would have obeyed her "two-minute rule" except for a short delay for horn blasts from a passing train. Smith’s final act was presenting Brennan his chief’s cell phone, signifying that he had finally and formally stepped down from what he called his "long and unique police career."

Below: Hunter Run Farm, 40 acres of the 45 acres under contract by D-38 as the site for the second high school. The asphalt roadway in the foreground is the western edge of Woodmoor Drive. Photo by Jim Kendrick

At the Lewis-Palmer District 38 School Board meeting July 20, board President Jes Raintree announced that the district is under contract for 45 aces east of I-25 and west of Woodmoor Drive north of Lewis-Palmer Middle School as a site for a second high school. After making the announcement, Raintree said the district is negotiating for additional land on adjacent parcels.

Seven potential sites were compared based on 10 criteria with a maximum score of 10 points for each criterion. The scores were totaled to calculate an overall score (maximum 100). The selected site received an overall score of 88 points, the highest score of the seven sites. The controversial Wissler property near Furrow Road and County Line Road was ranked second with an overall score of 82 points. The Wissler property scored lower on public acceptance, safety, and accessibility but higher on environment (pollution-free with an aesthetic view from and of the site) and size and shape (length-to-width ratio not exceeding 5:3 and adequate space for separate bus loading and parking areas). The comparison presentation and site selection report are posted at www.lewispalmer.org.

In presenting the results, Ray Blanch, executive director – Assessment, Research & Technology, said the highest-ranked site is already within the Woodmoor Water and Sanitation District and has potential access from multiple sides.

Bob Patha and Ron Hazeloop, who live near the proposed high school site, expressed concerns about traffic, crime, and potential impact on property values in the area. Superintendent Michael Pomarico acknowledged their comments and said, "I’m making a commitment to work with you on options and possibilities to try and meet your concerns."

The board unanimously approved a motion appointing Joanne Jensen, the superintendent’s secretary, as the election official and authorizing her to notify the county clerk that the board intends to place a measure on the November ballot. Voter approval of a ballot measure will be needed to fund the purchase of the land and construction of the school.

Earlier in the meeting, the board addressed a number of other topics, including:

Raintree thanked the attendees and announced that the meeting was going into executive session to discuss negotiations.

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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 7 p.m. Aug 17. The district’s Web site is at www.lewispalmer.org.

The Palmer Lake Town Council reviewed three replat requests for residential lots and a requested change in zoning from 5-acre residential (RA) to planned unit development (PUD) for two lots on Highway 105. The council also discussed two new state requirements regarding enforcement of statutes on illegal immigration. Mayor Max Parker and Trustees Jim Girlando and Trudy Finan were absent. Trustee Richard Allen presided.

Tom Day requested a vacation and replat at 400 S. Valley Crescent in the Willow Hill Subdivision. Day said that the vacation would apply to a portion of the town’s historically platted but unused South Valley Crescent right-of-way within the northeast corner of this subdivision. The current location of the right-angle turn where the existing north-south portion of the South Valley Crescent roadway turns to the west is outside of the town’s platted right-of-way. This situation is common for unpaved roads in the historic portion of downtown Palmer Lake. The replat correctly shows the existing road being west of the unused right-of-way.

Day noted that houses have already been built on the previously created lots 1-3 within the Willow Hill Subdivision. These lots are on the south side of the east-west portion of South Valley Crescent. He said the replat also corrects the depiction of the existing driveways for these lots. Day asked the town to vacate the depicted unused, right-of-way to the east of the road. The unused right-of-way includes the existing driveway for Lot 3.

Lot 4, which is southeast of these three developed lots, is 1.71 acres. There is room for only one house on Lot 4 due to its steepness and floodplain encroachment. A note on the replat also adds a private easement across this existing driveway for Lot 2 to provide access to Lot 4. Another note says that if this shared driveway easement becomes unusable, a new access easement must be created elsewhere through Lot 2 or Lot 3.

Day also sought a floodplain waiver from the Pikes Peak Regional Building Department. The department’s code states, "All buildable lots less than two and one half (2½) acres in size are required to be located entirely outside the 100-year floodplain." The code also states that these lots "are required to have the 100-year floodplain contained in a drainage easement dedicated by plat in the name of the governing body with the restrictions of ‘No Build’ and ‘No Storage of Any Materials.’ "

Lot 4 is smaller than this 2½-acre limit. The North Monument Creek floodplain runs along the south boundary of all four lots of the Willow Hill Subdivision. The trustees agreed with staff that this Regional Building Department restriction was intended for subdivision of large parcels rather than individual lots.

Trustee Gary Coleman had numerous questions about various boundary depictions and descriptive titles on the replat drawing, as well as what would constitute appropriate documentation of all these issues in the notes on the proposed replat document. Although not a licensed surveyor himself, Coleman operates a surveying company in Palmer Lake.

There was also a discussion of the locations of various utilities in the subdivision to ensure they and their easements were accurately depicted on the proposed final replat drawing. The formal vacation and replat hearing was scheduled for the regular council meeting July 13.

Town Clerk Della Gray told Coleman that the town has already taken parts of Lots 33 and 34 of the Amended Filing Block 38 through adverse possession to gain ownership of the existing South Valley Crescent roadway to the north of Day’s property. The town also has taken southern portions of Lots 61-66 at the southwest corner of Block 38 for the western portion of South Valley Crescent, but the plat has not been updated to show that change.

Gray also noted that the land that comprises the actual location of the South Valley Crescent roadway outside the obsolete platted right-of-way must all be deeded to the town as part of Day’s replat and vacation request. Day was asked to provide completed title insurance documentation for all four lots by July 13 to verify the boundaries of the four Willow Hill Subdivision lots. That would complete the documentation for the east-west portion of the road that the town will own.

Roger Culpepper requested a replat of his two lots in Block 2 of Lakeview Heights Unit 1, Third Amendment, just east of the south end of Palmer Lake. The lots are in Block 2. Lot 10 is on Oakdale Drive and the larger Lot 8 is on Lake Dive. Culpepper wanted to add a portion of the east side of Lot 8 to Lot 10 "to make the lots more equivalent in size." There are no proposed changes to the existing utility easements for the two lots. A house has been built on Lot 10 (134 Oakdale Drive), but no construction is planned for the other vacant lot at this time. The council did not ask Culpepper for any additional information prior to the formal replat hearing on July 13.

Carrie Johnson requested a vacation and replat for Lots 19-25 in Lakeview Heights Unit 2, Block 2, 4th Amendment. These lots were originally intended to have frontages on Cathedral Drive to the south of Starview Circle. There has been no construction on Cathedral Drive and other platted roads in the Lakeview Heights subdivision because the town has no additional water capacity for a development of that size.

Johnson sought a replat to combine the seven rectangular lots into two larger rectangular lots. The new Lot 21A would include Lots 19-21 and Lot 22A would include Lots 22-25. Johnson also was seeking to change the frontages for these two new lots from the northwest side of Cathedral Drive to the southeast side of Starview Circle.

Only Lots 23-25 directly abut Starview Circle. The applicant, RFP Investments LLC, proposes using its acquisition of an easement across the northern portion of a triangular piece of land between Starview Circle and Lots 19-22 to fill the gap so that these four lots could also have an access easement to Starview Circle.

There is a substantial difference in the grade for the undeveloped Cathedral Drive and Starview Circle. The seven platted lots are steeply sloped with numerous large trees. Combining them into two large lots is intended to provide sufficient buildable space in each to comply with the town’s "hillside ordinance." This ordinance restricts construction on lots with an average slope in excess of 15 percent to help prevent erosion.

Allen advised Johnson that the town’s Planning Commission would modify the hillside ordinance as soon as the town’s lawyers finish reviewing the draft. Allen said the Town Council would consider a moratorium, probably at the July 13 regular council meeting, on land use hearings for lots that may be affected by the revision.

Allen also advised Johnson that her replat request would most likely not be "grandfathered," based on legal advice the council had received from the town’s attorney, Larry Gaddis. Allen said she should consider delaying the hearing on the proposed "re-subdivision" until she could read the final language of the modified hillside ordinance.

Gray said that a new ordinance could not make these lots unbuildable. Allen concurred but said that a building proposal for the two replatted lots would likely be affected by the proposed changes.

Starview Circle resident Brad Kesselberth said that Johnson’s proposal was turned down earlier in the year by the Planning Commission due to fire, safety, and accessibility concerns until one commissioner said the town would be sued. He said the town instead should use the criteria "what’s best for the community" as the primary deciding factor. He said the Starview Circle community would be harmed if the town allowed access to the two replatted lots from Star Circle, because those new lots would not have to comply with the community’s covenants. Gray said the town could not legally deny access from Starview Circle.

Starview Circle resident Patti Brooks asked for clarification on the moratorium. Gray said the council was making sure Johnson knew there would be no construction on the replatted lots until the hillside ordinance changes were reviewed by the Planning Commission and Town Council. Brooks said the current Lakeview Heights design guidelines are not as restrictive as the Starview Circle covenants. She also asked about requiring RFP Investments to match the Starview Circle covenants, setbacks, and building height restrictions.

Trustee Susan Miner replied that the town cannot require developers to have covenants or that covenants in adjacent developments be identical. She suggested that Brooks research the legal issue and bring her findings and suggestions for a new town ordinance regarding covenant compliance and design guidelines to the Planning Commission, which initiates land use ordinances.

Allen said the town of Palmer Lake is not in the business of requiring all subdivisions to have covenants and HOAs. He suggested that Kesselberth ask RFP Investments to adopt his development’s covenants. Kesselberth said the town should "put the brakes on development." He also said the developer should be required to provide construction plans. However, site plans and design guidelines are not required for a replat hearing. When developed, site plans for these two lots would have to be approved at public hearings. Miner told Kesselberth he needed to do the research required to make a proposal to the Planning Commission regarding changes to the town land use code.

Gray noted that the only reason that the RFP Investments replat request hadn’t already been approved was that the lot lines were incorrectly depicted on the drawing. None of the other lots in Lakeview Heights can be built on right now. Gray said the town may be taken to court if water services are not provided to Lakeview Heights.

Allen suggested that Brooks and Kesselberth attend hillside ordinance hearings to voice their views.

Construction owner Mark Ennis requested a rezone of portions of the AT & SF Depot property at 835 Highway 105. Access has already constructed a barn-like multi-use building in this development between the highway and the railroad tracks. Ennis requested that the two vacant lots on the north and east side of the property be rezoned from RA (5-acre residential) to planned unit development so two more commercial buildings could be constructed. His documentation showed that the buildings he plans to construct would look like old train stations.

Miner noted that her Palmer Lake Economic Development Committee was studying the types of businesses that would best survive in downtown Palmer Lake and encouraged Ennis to participate in the process. Coleman said he was at the Planning Commission meeting when Ennis’s proposal was first heard and opened to community input. Coleman added that he favored the PUD zoning—"so we can have some control and have a good idea of what’s going to happen"—and the train station theme. He added that he would try to make sure that Ennis "doesn’t build a building that blocks my view of the (town) star." Coleman lives to the south of the AT & SF Depot property .

Allen said the town must comply with new Colorado Senate Bill 90, which requires the board to annually direct the Police Department to report to U.S. Immigration and Customs Service any arrests of possible illegal aliens. Colorado House Bill 1343 requires the town to take measures to ensure that illegal aliens do not perform work on a public contract for services after Aug. 9.

The meeting adjourned at 8:15 p.m.

Great Outdoors Colorado has approved a grant request for playground and athletic field improvements at Palmer Lake Elementary School. The grant was announced at the regular Palmer Lake Town Council meeting on July 13. Three replats and a rezoning were approved. .

Trustees Jim Girlando, Trudy Finan, and Gary Coleman were excused.

Sue Huismann, playground coordinator for the Parent Teacher Organization, reported that Palmer Lake Elementary School had received a Great Outdoors Colorado grant for $132,874 to improve the school and community playground. The grant covers 70 percent of this amount, and the Parent Teacher Organization has already raised its 30 percent share of the grant. Huismann said contributions were raised by Serteens, the Tri-Lakes Women’s Club, and others. She said corporate grants were provided by Wal-Mart, Lowes, and Nickelodeon.

Huismann said the grant offers improvements "for all ages," most of which should be completed before school starts in August. They include: additional playground apparatus, artificial turf for the soccer field, basketball improvements (two half-courts and one full court), rubber surfaces throughout the playground, a jogging trail, and a four-lane track.

She asked the community to support a Neighborhood Watch program to help prevent further "extensive vandalism" of the new rubber surfaces that has occurred during construction. She asked the council to consider installing night lights and security cameras. The council unanimously approved a resolution supporting the grant and authorizing the funds.

Roads Trustee Richard Allen said that the town had prayed for rain for six years. However, the recent rains had damaged several of the town’s dirt roads. Allen asked citizens to be patient while they were being repaired as quickly as possible.

Allen asked for the council’s support to have the town’s attorney write a letter to the developer of the Circle Road project regarding his failure to complete required road improvements. Allen proposed having the developer establish a new line of credit to pay for the town completing the required road repairs and to deny him any future building permits until the road work is completed. The estimated cost of the remaining improvements is about $103,000 and the escrow for one year of maintenance is $4,500.

Mayor Max Parker reported that the Palmer Lake Volunteer Fire Department made 28 runs in June, 11 of which were mutual aid. Two volunteers attended the National Wildland Fire Academy in Cortez. Volunteers also supported the 24 hour bike race in the Douglas County Greenland Open Space. The Police Department completed 119 calls in June, with two custody arrests, 36 citations, and 16 traffic and dog warnings.

Parks and Recreation Trustee Trish Flake thanked all the volunteers and fire/police support for a very successful Fourth of July weekend. She said that she had met with park representatives of the Douglas and El Paso County parks departments to coordinate parking for Greenland Open Space in the town’s motorcycle park on the opposite side of County Line Road. The departments are asking for parking lot improvements and town signage to show the existing trail connections to the county’s Santa Fe Trailhead and Palmer Lake Park, in return for road crossing improvements. Signs could also be erected to urge people to use downtown shops.

Parker noted that the Fire Department building and Town Hall roofs needed to be replaced. Trustee Susan Miner said she would take the issue to her Economic Development Committee.

Miner distributed a progress report for the Economic Development Committee. She said 800 copies of a committee brochure have been distributed to solicit support for town initiatives to improve the economic climate through committee actions on the town’s Streetscape Plan. Bill Fisher is working with the Colorado Department of Transportation to survey their easements to make recommendations for sidewalk, tree, and bench improvements along Highway 105. Mary Meyer is researching the types and styles of equipment that are available for purchase. The town will seek funding support from CDOT for streetscape improvements.

Photographer Mark Kirkland and Sandra Kinchen of the Tri-Lakes Center for the Arts will conduct a photo competition to find the "look" of Palmer Lake to promote in future construction. The December competition will be open to amateurs and professionals. The center will show the entered photos for a month and use them to promote the town and streetscape program.

Miner’s committee was to meet with the Colorado State Economic Development Committee on July 24 to initiate an assessment on branding needs of the town for future promotions. Paula Johnson, Jess Smith, Al Fritts, and Don Bennett are studying visitor and customer demographics in conjunction with the state committee, with a public assessment meeting scheduled for Aug. 2. The collected data will be used, along with the branding analysis, to develop an appropriate marketing strategy and materials for the town.

Ann Jones, Mark Ennis, Jack Fry, Bill Roach, and Lee Kilbourn are studying the economic needs of businesses on Highway 105, including emphasis on updating signage ordinances and improving the image and character of the town’s commercial signs.

She also noted that Palmer Lake needed to preserve its essential character, which typifies the reasons most people have moved to the Tri-Lakes region. "We’ve still got what everyone came here for." She said the other areas are changing into "more modern communities."

Parker reported that he had attended a Pikes Peak Area Council of Governments meeting on future transportation funding. He said there is no short-term funding available to the town in the list of current priorities, but he would work to obtain funding for the town’s streetscape plan.

Bob Miner distributed copies of the agenda and minutes for the most recent Fountain Creek Watershed Committee meeting. He said that the recent heavy rains had flooded some basements in addition to damaging roads. He also said that state, county, and local elected officials are meeting to work on cost estimates for flood and erosion control for the communities in the watershed study.

Awake the Lake spokesman Jeff Hulsmann reported that the committee was working on three options to improve flow of surface water and drainage into Palmer Lake to offset evaporation. He said the level of the lake had dropped back to what it had been before the town pumped dechlorinated drinking water into it last summer, but had risen four inches due to heavy rain.

Parker noted that the town had provided the committee with copies of all the town’s documentation on easements and legal advice on refilling the lake by various methods. Hulsmann reported that the first phase of the committee’s engraved pavers had been installed near the memorial at the north end of the lake.

(Note: See Palmer Lake Workshop article for coverage of the council’s previous review of these applications on July 6.)

Willow Subdivision replat and vacation approved: Gray reported that the ordinance for vacating the town’s unused right-of-way at 400 S. Valley Crescent— within the Willow Subdivision—was not available for a vote.

Town Attorney Larry Gaddis asked applicant Tom Day if the town would get deeds for the land comprising the existing portions of the South Valley Crescent roadway within Day’s proposed plat. Day said the deeds for the roadway would be provided. Gaddis said all the easements within the subdivision and notes on the floodplain easement had to be shown on the plat. Flake said Stewart Title had given the town title insurance paperwork for each of the four subdivision lots, but there were some typographical errors in the documentation.

Pikes Peak Regional Building Department representative Kevin Stillson said his agency would accept creation of a floodplain easement within the 1.71-acre Lot 4, even though it is smaller than the 2.5-acre restriction of the new floodplain code adopted in late 2005. About 1.2 acres would be available for a single home. Stillson said Day’s donated easement allows sufficient access to emergency workers if there is flooding in the future.

Stillson answered a number of lengthy technical questions by the trustees, Gaddis, and Bob Miner regarding contingencies and the Pikes Peak Regional Building Code. Stillson stated that the Army Corps of Engineers only deals with water quality issues, not flooding or floodplain determinations, and did not need to approve the easement.

Day’s vacation and replat request was unanimously approved. After the vote, Gaddis said that this approval of the vacation and replat request was not official until the ordinance had been recorded with the county, after Day had provided the town with deeds for the land in the roadway.

Culpepper vacation and replat approved: Roger Culpepper’s request for a replat of his two lots in Block 2 of Lakeview Heights Unit 1, Third Amendment to make them roughly the same size was unanimously approved.

Starview Circle vacation and replat withdrawn: Carrie Johnson requested a vacation and replat to combine Lots 19-25 in Lakeview Heights Unit 2, Block 2, 4th Amendment to two larger lots. These lots were originally intended to have frontages on Cathedral Drive to the south of Starview Circle. Construction in Lakeview Heights has been delayed indefinitely because the town has not been able to provide water during the recent years of drought and there is no secondary access to the large parcel for emergency vehicles.

Trustee Richard Allen asked Johnson if the applicants also owned the triangular Lot 1 that lies between Lots 19-23 and the south side of Starview Circle. Johnson said someone else owns Lot 1 but has granted an ingress/egress access easement to RFP Investments LLC.

Allen also asked Johnson to confirm that the owners were aware of the pending three- to four-month moratorium on hearings for sloped lots while the town’s proposed hillside ordinance is reviewed in public hearings before the Planning Commission and Town Council, as requested of her at the council’s workshop meeting the previous week. Johnson said the owners were aware of the probable building restrictions that would be added to the town code, that the new restrictions would probably affect these lots, and that staff would notify her of the hearings.

During public comment, some residents opposed the controversial replat request. Starview Circle resident Patti Brooks said covenants existed for Block 1 and Block 2 of the development that might apply to the two homes to be built on the replatted lots owned by RFP Investments. Gaddis said the town is not in the business of enforcing covenants.

Neighbors submitted 13 letters concerning the replat. Brooks said their concerns were:

Brooks asked that the requested RFP Investments replat be delayed until all the access and water availability issues for the Lakeview Heights parcel are resolved. Johnson said the owners of land in Lakeview Heights had been paying taxes on the land since 1965 without being able to build on the land because the town could not provide water, yet the town was considering filling the lake with drinking water from a new town well. Johnson also said the applicants are aware of how many townhomes have to use well water due to the water system’s limitations, and are considering forming a water and sewer district for the parcel.

Brooks disagreed with Gaddis when he stated his legal opinion that the houses were entitled to Starview Circle access across the Lot 1 access easement, though she accepted his opinion that lots 19-21 were entitled to access because they directly abut Starview Circle.

Trustee Susan Miner asked if the council should grant a waiver to the applicant for access to these two lots from Cathedral Drive. Gaddis advised against doing so because it would set a precedent for others to seek a similar waiver, creating an unsafe emergency vehicle access situation since there is still only a single access to the parcel. The code requires at least two accesses for emergency vehicles.

Johnson said that Miner’s proposed waiver would lead to other Lakeview Height landowners trying to live on their lots in mobile homes until utilities were provided. Miner also said that the building heights for the two lots would not be a problem based on the existing hillside ordinances.

Brooks said there were already five homes in areas that should be prohibited ‘due to being in Unit 2. Gray said the staff would notify Brooks when the plans for the two houses were being reviewed by the town, prior to being forwarded to Regional Building.

The replat request was approved by a 3-1 vote, with Flake opposed.

Access Construction owner Mark Ennis requested a rezone of the property at 835 Highway 105. Ennis requested that the two vacant lots on the north and east side of the property be rezoned from RA (5-acre residential) to planned unit development so two more commercial buildings could be constructed. He said that the buildings he plans to construct would look like old train stations and provide space for office, retail, and restaurants. The rezoning was approved unanimously.

The council unanimously approved documents prepared by Gaddis to comply with new Colorado legislation. Colorado Senate Bill 90 requires the council to annually direct the Police Department in writing to report to U.S. Immigration and Customs those arrested for criminal offenses who may also be illegal aliens. Colorado House Bill 1343 requires the council to direct the staff in writing to ensure that illegal aliens do not perform work on a public contract for services, effective Aug. 9.

The council unanimously approved participation in the county’s November general election for a planned ballot initiative to approve a half-cent sales tax to fund the Palmer Lake Volunteer Fire Department. A standard intergovernmental agreement will be created between the town and the county for this ballot issue.

The council unanimously approved an emergency temporary moratorium, until Dec. 31, on acceptance, processing, and issuance of permits or approvals for building development within the Hillside Overlay District Zone. The moratorium does not affect any actions previously approved within the overlay district zone by the council or staff.

Below: On May 11, the Palmer Lake Town Council unanimously approved Tim Shank’s request for a preservation easement and 15-foot road easement allowing construction to begin under the limitations of the current hillside ordinance for Hallin Hill Lots 5A and 5B and the adjoining Lot 4 in the Pine-Crest Tri-District Assembly Grounds Addition No. 1. Adjacent residents complained vigorously that the excavated area exceeded the maximum allowable 15 percent slope at a special Roads Committee meeting and the regular council meeting on July 13. Mayor Max Parker and Roads Trustee Richard Allen visited the site on July 14 to hear citizen concerns. Photo by Jim Kendrick

There was a lengthy related discussion about hillside construction drainage problems, and specific problems from construction on Tim Shank’s hillside lots on the south side of Shady Lane. The construction had been approved in June. The discussion carried over from concerns also raised at the Roads Committee meeting that had preceded the council meeting.

Bob Miner asked the council to visit the site and stop the construction until compliance, safety, and damaging drainage issues could be resolved. Miner said the slope of the excavation exceeded 16 percent, above the 15 percent hillside ordinance limit. Miner also said immediate action was required because the construction crew would be building forms and pouring concrete the next day.

Thom Facinelli, whose house on Shady Lane is directly across the road from the two excavation sites, said that Shank’s lots were too steep to build on despite the dedication of a preservation easement to the town for the uppermost portion of the lots. Cindy Henson said that she was "totally appalled" by Day’s "unbelievable" plan.

Parker said the town could not act without further investigation of the site and the relevant ordinances. Gray advised the council that Shank’s site plan had been reviewed and approved by all the appropriate agencies. Gaddis advised the council that it could stop construction if a violation had occurred and to refer the issue to the town’s consultant engineer who had approved Shank’s site and construction plans.

Parker and Allen agreed to meet at the site the next morning and invited concerned citizens to meet with them there to address their specific concerns. Parker said he would have the town’s consultant engineer, Paul Gilbert, visit the site and provide his professional advice on the situation. Gaddis said the town could stop construction only if the work differed from the approved design in a manner that violates the ordinance.

The meeting adjourned at 9:15 p.m.

CORRECTION: In the July 1 issue it was reported that local historian Jim Sawatski was producing a documentary on Palmer Lake’s Chatauquas for Public Television. Sawatski is producing the documentary for the Palmer Lake Historical Society. It will be shown on Public Television.

The Monument Board of Trustees opted on June 5 to meet June 26 instead of July 3 to let the staff enjoy an extended Fourth of July weekend. This special meeting date was also picked to allow the board to receive the final 2005 audit before June 30, the deadline for submission to the trustees. However, the final audit was not completed in time for approval at this meeting.

Treasurer Pamela Smith distributed copies of the draft audit, noting that she did not expect any significant changes by auditor Kyle Logan of Swanhorst & Company, LLC. and that the final audit would be presented to the board July 17 and forwarded to the state before the July 31 deadline.

The board also approved three liquor license renewals, a new liquor license, renewal of the franchise agreement contract with Mountain View Electric Association, and the Fourth of July downtown street fair. All board members were present.

Trustee Dave Mertz thanked Town Manager Cathy Green, Mayor Byron Glenn, and the town staff for a successful presentation at the June 19 board meeting regarding road construction issues. Baptist Road has become inadequate near I-25 due to tremendous growth in the past eight years along Jackson Creek Parkway, and it will be required to handle additional traffic generated by three more annexations between Higby and Baptist roads.

The staff and trustees discussed the special road improvement districts being created to pay for road improvements within the annexing Home Place Ranch, Promontory Pointe, and Sanctuary Pointe developments via temporary mill levies. They also noted that the Baptist Road Rural Transportation Authority will propose a temporary 1-cent sales tax in the November election to finance improvements to the I-25 Baptist Road interchange (Exit 158).

The Colorado Department of Transportation says it does not expect to have funds available to improve the interchange in the near future. The narrow off-ramps and the aging two-lane bridge over I-25 would become an even worse traffic bottleneck and safety issue during peak traffic periods as Monument continues to grow in that area.

Trustee Steve Samuels said he and Trustee Gail Drumm had recently attended the annual Colorado Municipal League convention in Breckenridge. He said "the town is very blessed" to have such an exceptional staff in terms of professionalism, productivity, and cooperation in comparison to most other Colorado towns of a similar size, based on the comments by other town officials at the session.

Franchise fee contract unanimously approved

Kevin Holbrook of Mountain View Electric Association and Green discussed the changes in the utility’s new franchise agreement with the town. Green said that the new contract increases the maximum franchise fee for one year from $20,000 to $100,000. Town Attorney Gary Shupp said the new contract was better than the one that had expired at the beginning of the year because it allows for the franchise fee to be renegotiated annually. The ordinance authorizing and approving the new contract was approved unanimously.

Triview excess effluent agreement approved

The board unanimously approved an agreement with Triview Metropolitan District that lets the town purchase the district’s excess effluent from the Upper Monument Creek Regional Wastewater Treatment Facility just north of the Air Force Academy. Like the new intergovernmental agreement recently signed with Donala Water and Sanitation District, the town may purchase excess effluent at $50 per acre-foot when either district releases excess effluent into Monument Creek below the Monument Lake dam.

The price of the effluent can be renegotiated annually. Triview, like Donala, is responsible for accounting for the flows in its regular augmentation water reports to the state. However, the state has not approved either excess effluent sales agreement.

In order to store surface water in the lake, the town must ensure that an equal amount of water flows downstream below the dam for others who have adjudicated water rights in Monument Creek to use. Currently, the town must measure all water flowing into Monument Lake to ensure that an equal amount of water is released downstream through the dam until it secures storage rights through pending litigation in the state water court.

Excess effluent is available for purchase from the two special districts intermittently throughout the year. It is generated from used renewable water that flows through the treatment facility and does not include used well water from the Denver basin aquifers. The districts alone determine when and how much of their excess effluent will be sold to the town.

Once the town obtains water storage rights for Monument Lake, surface water flowing from Monument Creek into the north end of the lake could be held behind the dam if an equal amount of excess treated effluent from the wastewater facility is released into the creek from the wastewater facility below the dam.

No treated effluent water from either the Upper Monument Creek Regional or Tri-Lakes Wastewater Treatment facilities that serve the entire Tri-Lakes region would be pumped back upstream to be stored in Monument Lake above the dam under either the Triview or Donala intergovernmental agreements, as has been erroneously reported by other media.

Police Chief Jake Shirk explained resolutions regarding new state and federal laws requiring the board to direct the Police Department to enforce them and to reiterate that notification to the department annually. Shirk said, "The law is aimed at combating policies or ordinances that impede enforcement of state and federal immigration laws."

Recently passed Colorado Senate Bill 90 requires town police to notify the U.S. Immigration and Customs Enforcement Office of anyone arrested for a criminal offense if there is probable cause to believe that person "is not in the United States legally." This is only an administrative notification to the agency.

Another requirement, which is to go into effect on Aug. 9 under Colorado House Bill 1343, is that all town contracts clearly state that no contractor may knowingly employ or contract with illegal aliens to perform services for the town. If a contractor violates this, the town can immediately cancel the contract and hold the contractor liable for all actual and consequential damages incurred due to the cancellation. Sample contract clauses to implement this requirement were included in the trustees’ staff package for the resolution, which was approved unanimously.

The board unanimously approved liquor license renewals for Eagle Wine and Spirits, 1060 W. Baptist Road, and Jackson Creek Chinese Restaurant, 1054 W. Baptist Road – both in the King Soopers shopping center – as well as for La Casa Fiesta Restaurant at 230 Front St., in downtown Monument. The renewals were approved unanimously after a brief discussion with Eagle owner Randy Obermeyer about his new training program and his new mandatory ID-check contract with each of his employees.

Obermeyer requires them to card any purchaser who appears to be under 35 years old or be fired on the spot. Obermeyer said he renews this contract each quarter with all of his employees after an 80-minute discussion of training and contract issues and requires new signatures on new contracts. His employees are also offered a $500 reward for denying sales to any underage purchaser who turns out to be part of a town or state "sting operation." Typically, youths working in a sting operation present their real ID cards that show they are underage when carded, so that the sting only catches sales to youthful-looking customers when they are not required to show any ID. Owners are then informed whether they passed or failed the sting.

Also approved was a new liquor license for the Asian Garden Restaurant at 15910 Jackson Creek Parkway in the Monument Marketplace, on the condition that a state background check shows a clean record for the operators. Town Clerk Scott Meszaros and attorney Vince Linden noted that owners Ki Su and Sieu Te Su had previously operated the Mandarin House Restaurant on Highway 105 for eight years without a problem and were actually transferring that license to the new business location.

Town attorney: Shupp reported that the District Court had "granted summary judgment in favor of all defendants" in the suit filed by Lewis-Palmer School District 38 against the town and several landowners regarding a desired land dedication to the school district within Jackson Creek near Lewis-Palmer High School. He added that there were no costs to the town for the legal defense provided by its insurer and the school district had not made a decision on whether it would appeal the decision.

Director of Development Services: Tom Kassawara noted that new Monument Principal Planner Karen Griffith had started working full time in Town Hall. During the transition from her previous planning position with Douglas County in Castle Rock, she had split her time between the two jobs.

Public Works director: Rich Landreth discussed the capabilities of the Lake of the Rockies well that was dedicated to the town as part of the rezoning of the commercial campground to residential "planned development." He noted that while the well was rated at 40 gallons per minute, the 26-year-old pump had never been operated at that capacity or continuously for any extended period. Landreth added that using this well to pump drinking water into Monument Lake would only partially offset the evaporation that was steadily lowering the level of the lake.

Glenn said he was opposed to pumping any limited Denver basin drinking water into the lake because it would all evaporate. He also noted that the proposed maximum density for the Lake of the Rockies housing development used nearly all the available drinking water capacity under the parcel that had been approved by the state water engineer.

Trustee Samuels and Trustee Tommie Plank asked for additional information on the legal issues regarding use of any town well water to refill Monument Lake, before or after storage rights are obtained by the town.

Police chief: Shirk reported the recent training of 18 Monument residents for Civilian Emergency Response Training (CERT) certificates. This will be an ongoing training program by the department.

Shirk also reported on several recent cases where a detective was called in to investigate drugs, organized crime, illegal firearms, weapons, false ID production, and numerous other problems due to more aggressive questioning by patrol officers after routine arrests for other issues. The town detective’s interviews have led to increased involvement and support by several federal enforcement agencies and overtime for the department. Trustee Travis Easton asked Shirk to thank his staff for their increased effectiveness.

Town manager: Green noted progress on the redesign of Limbach Park facilities. Design of the new band shell will cost approximately $2,000. Cost for materials and construction will not be known until the design is complete.

Green also reported that she had asked consultant firm Kirkham/Michael for advice on how to implement a "quiet zone" for railroad engine horns near the Second Street crossing. The proposed consultant fee is $10,000 to help formulate a plan to submit to the Public Utilities Commission and the Railroad Administration as well as the railroad. She said the town would have to extend the medians on either side of the Second Street crossing. Plank said the state should let towns enforce their own quiet zones.

Glenn said the board should address this unbudgeted consultant cost after the mid-year 2006 budget restatement is completed. Green and Smith concurred.

The meeting adjourned at 7:40 p.m.

The Monument Board of Trustees approved two road construction special districts to raise property tax revenue to pay for road improvements to accommodate additional traffic generated by the Home Place Ranch and Promontory Pointe annexations. Residents of the developments will vote on the creation of each of these revenue-raising special districts in the November election. A third district will be proposed for Sanctuary Pointe development as well, after it is annexed by the town and included by Triview Metropolitan District.

Triview will design, construct, and maintain the road improvements paid for by dedicated property taxes from these three annexations. Gleneagle Drive will be extended north as a collector from the Baptist Road intersection to Higby Road, where it will connect with Furrow Road sometime in the future, in accordance with the county’s Major Transportation Corridors Plan.

Trustee Gail Drumm was absent.

Mayor Byron Glenn announced that the Pikes Peak Area Council of Governments had voted on July 12 to increase the priority of proposed Baptist Road I-25 interchange improvements to number 3 on its list of most important road projects, the Transportation Improvement Plan.

Glenn said he would meet with the Colorado Department of Transportation on Aug. 17 regarding a future payback of the principal for Baptist Road Rural Transportation Authority (BRRTA) bonds that are to privately finance the improvements to the state’s Baptist Road I-25 interchange. He also announced that BRRTA had voted in favor of a November ballot question, for a temporary one-cent sales tax to pay the interest on these private road construction bonds. (See BRRTA article.)

Glenn also announced that all grants to the Front Range Express (FREX) commuter bus system, which operates between Colorado Springs and Denver, were about to run out and that FREX had asked towns along the route for subsidies to help keep the company solvent. The amount requested from Monument for its share of the total subsidy, $56,000 per year, was said to be roughly proportional to the FREX ridership served at the Monument park-and-ride at the intersection of Highway 105 and Woodmoor Drive. All other communities with FREX stops have also been asked for subsidies.

Director of Development Services Tom Kassawara reported that Colorado Commercial Builders was seeking approval for its Filing 2 of the Village Center @ Woodmoor development. This single-family home filing lies along the eastern and southern boundaries of this 140-acre parcel. Construction is well under way in Filing 1 on the southwest portion of the parcel. The Village Center parcel, at the southeast corner of Highway 105 and Knollwood Drive, was called the Wahlborg Addition when it was annexed by the town of Monument.

The plat for Filing 2 showed specific home lots as well as roadways and easements. This residential filing is 30.55 acres and composed of:

The proposed plat and planned development design guidelines are consistent with those in the originally approved planned development master plan for the whole parcel. Kassawara proposed no conditions on the requested plat approval.

Kassawara said the town and CDOT had approved the layout of the added traffic lanes and traffic signal at Highway 105 and Knollwood. Some negotiations remained to be completed with Mountain View Electric Association (MVEA) for traffic signal easements. President Dale Turner, of developer Colorado Commercial Builders, said his company had paid MVEA for the necessary traffic signal improvements but had not received a firm installation date. Turner said MVEA will not install its utilities until the plat is recorded.

The board unanimously approved the plat for Filing 2.

Filing 3 is northwest of Filing 2 in the Village Center @ Woodmoor development. Kassawara said this was a boundary plat. It did not show individual lots for the planned multifamily residential buildings. This residential filing is 22.37 acres and composed of:

Also, a land use plat note says, "2.08 acres to be reserved as open space in lot 3."

Kassawara said the property boundaries are consistent with those in the approved master plan. He reported that the "applicant has cooperated with the Town to modify the open space tract configuration in the northeast corner of the property to accommodate a future senior center, proposed to be developed by others." He added that the developer would have to return to the Planning Commission and the Board of Trustees for approval of a site plan for Filing 3.

Kassawara proposed no conditions on approval of the boundary plat. The board unanimously approved the plat for Filing 3.

The town code had previously required that a final site plan had to be approved by the Board of Trustees before vacant land could be graded. The proposed new language in the emergency ordinance includes these words:

"The Director of Development Services or designee shall have the authority in unusual circumstances to issue a grading permit prior to final site plan approval including but not limited to grading needing to be accomplished in conjunction with adjacent public improvements."

Kassawara reported that the final site plan for the recently annexed Monument Ridge development has not been approved. The Monument Ridge parcel abuts the south side of Baptist Road, southeast of the Jackson Creek Parkway intersection. The Monument Ridge landowner had already dedicated a right-of-way to the county to widen Baptist Road as well as land for acceleration and deceleration lanes. However, immediate grading on the Monument Ridge parcel was also required for MVEA to move its utility lines on the parcel and in the road right-of-way.

Kassawara said the emergency ordinance would save about $750,000 in BRRTA and Pikes Peak RTA funding if the cost of moving utility lines could be avoided. MVEA requires immediate regrading of the vacant Monument Ridge parcel for the temporary utility line relocations. Kassawara also emphasized that the grading by the landowner would be entirely at the landowners’ risk, with no implications for the town or the county. (See BRRTA article.)

Glenn and Trustee Travis Easton expressed concerns about vacant land eroding after 30 days without reseeding or a water quality and erosion plan. Kassawara said the board could direct him to resolve problems that may arise. The board unanimously approved the emergency ordinance.

The board unanimously approved an ordinance that corrected a long-standing zoning issue. No ordinance had ever been passed by the town to adopt the Regency Park zoning code during the town’s original annexation of land on the east side of I-25 in 1987. Triview Metropolitan District also formally adopted the Regency Park Zoning on June 28. Negotiations between town and Triview staff in the past several months have finally unified the zones for greater consistency and coherency of development reviews and hearings. (See Triview article.)

Consultant engineer Chris Doherty, of Ayres Associates, presented the final Downtown Monument Stormwater Master Plan and a separate Executive Summary requested by staff. The flooding that had occurred downtown recently matched the models Ayres had developed. Doherty showed several pictures he took during the town flooding that confirmed Ayres’ findings and supported the recommendations for improved drainage.

Doherty proposed three long-term comprehensive options to improve downtown drainage by use of:

He said the contingency factor for each option’s budget was 40 percent.

Kassawara said the Ayres drainage model could be updated as drainage improvements are installed. He added that the town’s drainage impact fee fund had paid for the Ayres study.

Monument Planning Commissioner Lowell Morgan suggested revising the recently created parking lot ordinance that now requires asphalt rather than gravel lots. He asked Doherty if a gravel lot would be as impervious to rain as asphalt. Glenn and Easton said that gravel and dirt parking lots quickly become hard-packed under tire pressure and are roughly 97 percent as impervious as asphalt once they are well used.

The ordinance "to approve the stormwater master plan and implement construction based on budgetary constraints" passed unanimously.

Triview attorney Peter Susemihl presented a service plan that would create three new road improvement special districts within the expanded Triview. The districts would raise tax revenue to fund improvements on three major roads serving Home Place Ranch, Promontory Pointe, and Sanctuary Pointe. He said separate special districts are needed because of different prices for homes and different build-out schedules.

Triview would design, build, and maintain the road improvements, using the property tax revenue raised by the three new special districts. However, Sanctuary Pointe has not been annexed by the town yet, a requirement for inclusion by Triview.

Some of the property tax revenue will be used to extend Gleneagle Drive northward, through Promontory Pointe and Home Place Ranch, to the future Furrow Road intersection with Higby Road.

Property taxes for residents of the proposed Sanctuary Pointe development will also help pay for this Gleneagle Drive extension, once the former Baptist Church Camp parcel is annexed by Monument in a month or two, because they will also heavily use that road. There is only one planned east-west collector road in Sanctuary Pointe, with one major access at each end.

Some of the property tax revenue raised by the three special districts will be used to fund improvements that Triview will build on Higby Road, a county road, adjacent to Home Place Ranch.

Some of the revenue will also be used to complete the construction of the two northbound lanes of Jackson Creek Parkway, between the Monument Marketplace and Highway 105. The two northbound lanes between Higby Road and Highway 105 are inside the town but outside of Triview.

The three special districts would be reimbursed by future developments that also will add traffic.

The resolutions stated the maximum mill levy these three new districts can charge is 35 mills, compared with the 25 mills Triview currently charges its residents and the 32 mill maximum it could charge for all routine district operations. The three special districts would dissolve once the road construction debt is paid off.

The property tax revenue to be raised by the three special districts is unrelated to and would not supplement the following:

The Triview rate and fee increases for 2007 used for routine district operations. The Triview board actions on July 26 to refinance Triview’s $35 million debt. (See Triview article.)

There was a lengthy technical discussion of alternative revenue-raising methods and why they were rejected in favor of road improvement special districts.

Separate resolutions were unanimously approved for the revenue-raising special districts for Promontory Pointe (Triview District 2) and Home Place Ranch (Triview District 3). Triview will petition the District Court for separate November ballot issues to create these two special districts.

A separate resolution on the proposed service plan for Sanctuary Pointe (Triview District 4) was unanimously tabled until this parcel has been annexed by the town and included by Triview. At that time it will be too late to petition the District Court for a November 2006 election, so the election for the Sanctuary Pointe special district will be requested for November 2007.

"High Country Chili Cook-off" resolution approved: The board unanimously approved a request by Woody Woodworth to close Washington Street between Second and Third Streets from 9 a.m. to 4 p.m. Sept. 16. The annual chili cook-off will be held in front of the sponsoring High Country Home and Garden Store on Washington. Funds raised will be donated to Tri-Lakes Cares.

Town Manager Cathy Green said that the town was seeking grants for drainage improvements identified in the just-approved Stormwater Master Plan.

She added that the town had been approved for $125,000 in Community Development Block Grant money. The town’s match will be around $275,000.

Third Street was designated a blighted area, which means it "substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to public health, safety, morals, and welfare of the Town of Monument." Green said these are the government words that must be used to imply that Third Street drainage is "crumbling government infrastructure" creating a safety hazard. The "blighted area" designation does not apply to any private property off Third Street.

The "blighted area" resolution was unanimously approved.

The board also unanimously approved the annual renewal of the intergovernmental agreement with the El Paso County Department of Transportation concerning "the exchange of maintenance" that governs the town’s exchange of snow removal and ice control services with the county for area roads.

Treasurer Pamela Smith asked the board to schedule a special meeting on July 31 to review and approve the final 2005 audit so it could be submitted to the state on the Aug. 1 deadline. The board approved her request.

Town Attorney Gary Shupp said the Court of Appeals had dismissed Kalima Masse’s appeal of the District Court’s referral of her lawsuit back to the Board of Trustees for a rehearing on her application for renewal of an out-of-date business license for the concrete batch plant (at the corner of Highway 105 and Washington Street). Shupp also said that all three of the town’s outstanding court cases may be resolved by the end of 2006.

Kassawara and the trustees agreed to schedule a "town hall meeting" to hear community input on the proposals in the new Stormwater Master Plan. No date was set.

Kassawara and Glenn discussed the disagreement the developer of Monument Ridge was having with the county over his request for a "full-motion" traffic light at Jackson Creek Crossing and Baptist Road (the eastern Baptist Road access to the King Soopers Center). Green said the county was adamantly opposed to installing the signal.

Baptist Road will become a major arterial from Desiree Drive to Old Denver Highway after the widening project is completed. The county’s standard for minimum traffic signal separation on major arterials is a half-mile. The requested traffic signal at the Jackson Creek Crossing intersection is less than one-quarter mile east of Jackson Creek Parkway and less than one-half mile west of Leather Chaps Drive. The half-mile minimum spacing standard minimizes long traffic delays on arterials with a lot of full-motion signals for dedicated left-turn lanes in all four directions.

Glenn said that this proposed Jackson Creek Crossing signal will be installed only if the town annexes Baptist Road. He has never presented the trustees with an estimate of long-term maintenance costs the town would have to pay after annexation of Baptist Road and all its adjacent supporting utility and drainage infrastructure from the county.

Glenn believes the Jackson Creek Crossing intersection must be full motion to relieve traffic backups at the Jackson Creek Parkway access to the King Soopers Center, which will get worse after Wal-Mart opens in the Monument Marketplace and stores begin to open in the planned Jackson Creek Market Village directly east of King Soopers.

The new Market Village center’s sole access to Baptist Road will be the existing Jackson Creek Crossing intersection with Baptist. Exiting traffic from both centers will continue to be forced to go west on Baptist; no left turns will be allowed (going east on Baptist). Most of the traffic exiting from both of these shopping centers will use the Jackson Creek Parkway access. This will worsen backups within the King Soopers Center as more stores open and the parkway traffic becomes heavier.

Police Chief Jake Shirk said most burglaries continue to occur where garage doors have been left open or cars left unlocked with valuables in plain sight. Actual break-ins are way down following the department’s arrest of the main burglar. Shirk said the town could initiate Neighborhood Watch programs and continue to offer home inspections to help homeowners better protect themselves against thefts.

Green reported that processing of the loan for the new police building on the southwest corner of Beacon Lite Road and Highway 105 was being delayed until after the 2005 audit was completed, to help get the best available interest rate. A replat and environmental assessment of the property need to be accomplished before site planning can be considered.

Auditor Kyle Logan of Swanhorst & Cutler, LLC told the Monument Board of Trustees that his firm had issued a "clean" report on July 31. The special meeting was called so that the final audit could be approved and forwarded to the state on time.

Logan praised the work performed by town Treasurer Pamela Smith, who was completing her first year in public finance after a full career as a corporate CPA and audit specialist. Mayor Byron Glenn and Trustees Gail Drumm and Tommie Plank were absent. Trustee Dave Mertz, who is mayor pro tem, presided.

Logan specifically noted progress in the financial controls implemented by Smith and Finance Assistant Mary Russelavage, with the help of Town Manager Cathy Green. Logan also praised the adoption of new computer accounting software that will increase the availability and timeliness of information for individual accounts.

Smith and Green noted that the town needed to add an employee for water system billing and further separation of cash receipt, accounting, and deposit responsibilities to increase cash control. They also noted that revenues are above the amount budgeted for 2006, while expenses are lower than expected, which may enable the town to add a full-time position this year, after the budget restatement in August.

The board unanimously accepted Smith’s quarterly financial report for April, May, and June.

The board also unanimously approved a resolution that allows unclaimed and unreimbursable overpayments to individual town water bill accounts to be moved to the town water fund after all reasonable attempts to refund the money have failed for over one year.

The board unanimously approved a new ordinance that authorizes the town to appoint a hearing officer for time-consuming administrative matters that do not require hearings by the full Board of Trustees, the Planning Commission, the Board of Adjustment or any other town department or subdivision. Under this new ordinance, the appointed hearing officer will be authorized to conduct quasi-judicial and administrative hearings.

Applicants may appeal the decision of the hearing officer to the full body having jurisdiction over the matter. If that body decides not to act within 20 days of receiving the appeal, the decision of the hearing officer is final. Applicants could then appeal the hearing officer’s decision to the District Court.

Green noted that this new process will likely be implemented soon now that the Court of Appeals has dismissed Kalima Masse’s Rockwell Ready-Mixed Concrete batch plant appeal. She also noted that she expected to be the first hearing officer under the new ordinance.

In October 2002, the town clerk rejected Masse’s request to renew a long obsolete and unrenewed business license in order to reopen the long inoperative and derelict concrete batch plant on the northeast corner of Washington Street and Highway 105. Masse’s appeal of the clerk’s decision was heard and rejected by the Board of Trustees on May 12, 2003. Masse then appealed this decision to the District Court. After the court remanded the issue back to the town, Masse appealed that court decision to the Court of Appeals in 2005.

The special meeting adjourned at 7:35 p.m. The next regular board meeting is at 6:30 p.m. on Aug. 7 in Town Hall, 166 Second St. Meetings are normally held on the first and third Monday of the month.

Although the Monument Planning Commission reviewed the proposed preliminary/final plat and preliminary PD site plan for the Promontory Pointe development and heard public comments during an open hearing, the vote on these proposals was continued for one month. One of the developer’s consultants was one day late in sending out the registered hearing notification letters to owners of property abutting the parcel.

Commissioner Tom Martin was absent.

Director of Development Services Tom Kassawara presented three options for the Promontory Pointe hearings:

Kassawara said the proposals were substantially unchanged from previous presentations to the Planning Commission. Minor changes were made in the configuration of some drainage, and the name of a road and cul-de-sac must be changed. He said new Town Planner Karen Griffith, who was hired after the last hearings, will now add her analysis of the approval criteria for the proposals.

He added that minor necessary technical corrections not worthy of the commissioner’s consideration and time would no longer be listed as conditions of approval for the Planning Commission to expedite their hearings. The staff will ensure that these minor items are corrected before the final Board of Trustees hearing. Major changes and significant technical corrections will still be listed as conditions for Planning Commission hearings.

Town Attorney Gary Shupp advised the commissioners that if they voted on the proposals without the 15-day notification, the town could be subject to a "Rule 106" challenge and possibly a hearing in District Court. If someone did object, the court would have to determine if there had been a substantive violation by the town or if adequate notice had actually been given despite the one-day violation. He noted that the Planning Commission is an advisory body and the hearing was preliminary to the final Board of Trustees’ hearing and vote on the two proposals.

The applicant’s representative, Terry Schooler, said the developer advocated that the commission vote on the proposals because the one-day delay in mailing was insignificant. He noted that there had been several previous hearings to hear citizen concerns and that the proposed development had been extensively revised to meet all their concerns, resulting in significant delays already.

Schooler said that Kassawara had noted that there had been no substantial changes since the last hearing, since there were no complaints at that time. A few lots had been eliminated to improve drainage, further lowering the density of the proposal.

Delaney suggested that each hearing proceed normally, including public comment from citizens in attendance, and then the commissioners would vote for one of the suggested procedural options. Shupp and the other commissioners concurred.

Kassawara reported that Mount Vernon Estates Land Holdings requested "approval of a preliminary/final plat to subdivide 116.86 acres into a 284-unit single family residential subdivision." The proposed land use breakdown was: