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Controversy continues over second high school site; Board proceeds with ballot measure

Below: Resident Jim Forman expresses concern about the traffic flow. Photo by John Heiser 

Below: Hunter Run Farm, 40 acres of the 69 acres under contract by D-38 as the site for the second high school. Photo by Jim Kendrick

At the Lewis-Palmer District 38 School Board meeting August 17, the board unanimously voted to proceed with two measures for the November ballot. If approved by voters, the measures would authorize an increase in property taxes of $2 million per year starting in 2008 and authorize the district to issue up to $57 million in additional debt to pay for construction and operation of the second high school and to make improvements to Lewis-Palmer High School.

Terry Casey, the district’s bond advisor, estimated that the tax impact of both questions would be approximately $35 per year on a house valued at $315,000, the average market value of houses in the district. Casey noted that depending on the future growth rate of the district, the bonds might have to be issued incrementally.

Although the ballot measure does not mention the specific site of the second high school, the board’s resolution approving the wording of the ballot measure identifies the site as "approximately 69 acres of land referred to as the ‘Hunter’s Run Property’ and parcels adjacent thereto…." That site lies north of Lewis-Palmer Middle School between Woodmoor Drive and Monument Hill Road. The resolution and ballot questions are posted at www.lewispalmer.org.

Seven residents spoke against the board’s decision to use that site. One person spoke in favor.

The issues raised by the opponents included the effect of the traffic from the second high school on the surrounding roads and the increased risk to students at Lewis-Palmer Middle School; noise, air pollution, and HazMat and crash hazards due to the proximity of the site to I-25; the number of schools in that area; skepticism about the results of the district’s growth study; and concerns about increased fire risk and crime. Resident Jim Forman said, "No due diligence was done, especially regarding the traffic." He noted that Monument Hill Road is a narrow, two-lane frontage road to I-25 that lacks shoulders and sidewalks. He added that the traffic from three schools would be concentrated on Woodmoor Drive. Larry Goade described the board’s action in contracting for the site, before all of the issues had been addressed with the community, as, "Fire, ready, aim."

Ian Griffis, who was accompanied at the podium by his daughter Haley, spoke in favor of the new site and commended the board for listening to the community. Griffis, who served as a volunteer on the search for a new location, said, "We should support our kids. No site is without impact. The traffic flow can be improved. I’m convinced there is no better alternative."

The board addressed a number of other topics including:

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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. Sept. 21. The district’s Web site is at www.lewispalmer.org. Meeting highlights from the Web site were used in preparing this article.

Below: (L to R) Retiring general counsel to the district, attorney Bob Cohn, receives commendation from Ted Belteau.

Woodmoor residents discuss plans for second high school

About 125 Woodmoor residents gathered at Lewis-Palmer Middle School auditorium August 7 to hear about and discuss the district’s plan for a second high school on land between Woodmoor and Interstate 25 about a half-mile north of the Middle School.

Hans Post, president of the Woodmoor Improvement Association, introduced himself, several members of the WIA board who were present and the two representatives from the school district, Gail Wilson, District 38 school board member representing the Woodmoor area, and Ray Blanch, District 38 executive director of Research Assessment and Technology

Wilson said this would be the first of many meetings to discuss planning for the site and that the district was trying to cover the needs of many residents. Ray Blanch said the district wanted to continue the partnership with the WIA over concerns about the new school in much the same way as concerns, such as traffic safety problems, had been addressed at the current high school.

Blanch stressed that the school district was trying to anticipate the concerns of its neighbors and will form a design advisory group consisting of parents, school board members, teachers and students. Although there were no formal plans showing the position or design of the high school, it was anticipated that the main building will be located on the northern part of the land and the athletic fields will be in the southern part. The buildings and athletic fields would be biased toward the west so that land could be reserved to act as a screen from the adjacent housing. (The location of the site is shown on the web site: lewispalmer.org)

The current goal is to provide regular vehicular access to the school only on the north and west sides of the site from the Monument Hill frontage road and a new four-lane road proposed within the Misty Acres development. There might be two access points within Woodmoor, but these would only access the athletic fields and emergency vehicles.

Clarifying this in response to a resident’s concern over whether this siting and access were guaranteed, Blanch made it clear that regular access from Woodmoor Drive would not be a good idea and that the district would work with Woodmoor Public Safety on an ongoing basis to ensure that.

In anticipation of concerns over stadium lights, he said the school district planned to improve the original stadium at the current high school and make that a district facility. This was the best fiscal decision, Blanch said, and would probably mean doubling the seating capacity and changing to a synthetic surface to accommodate the additional use. There would probably be a practice field for JV teams at the new site.

Blanch reiterated the need to be good neighbors in the placement of the buildings and the field, and said the district will try to preserve as much of the site as possible with an eastern buffer zone. Heating and cooling units will probably be hidden on top of the building, he said, and the district will work with the civil engineers and landscape experts to build the school into the hillside to minimize its effect on the area. A design advisory group will be assembled to work on this issue.

To put the need for the new school in perspective, Blanch noted that there would be 150 more high school students than there were last year. Mobile classrooms have been doubled since last year, and to maintain its excellent education record, the district must address the potential growth and plan on opening a new high school in 2008. The school district saw that high school enrollment could grow to as many as 2,000 in coming years. The district would also like to improve access to the current high school by building an entrance on Jackson Creek Parkway at a new intersection shared with the entrance to the proposed YMCA facility.

To pay for this, the school board was proposing a $57 million bond issue and a $2 million mill levy override to generate funds to operate the building. On a typical house valued at $315,000 the yearly tax would be about $40. This is less than the estimated $65 increase for the last bond issue proposal because of the increased number of commercial buildings with their corresponding assessed valuations. The board will form a campaign committee to communicate the need for this bond issue, Blanch said.

School officials then answered questions from residents, including the following:

Q. How will the student load be split?

A. The goal is to split the district into north and south areas roughly along Highway 105. There may be some need for "fudging" so that students might switch between the two to attend different programs. They invited people to join the Facility and Enrollment Committee to help work on these issues.

Q. How would they make sure the entrance off Woodmoor Drive is for emergency use only?

A. This will probably be gated with some form of access control.

Q. Looking at the northern El Paso County transportation plan, it seemed as though the frontage road would disappear as part of the widening of I-25.

A. This road is currently owned by CDOT and will be transferring to El Paso County ownership. Discussions with County Commissioner Wayne Williams did not indicate any proposals to eliminate it.

Q. How will they address the issue of traffic on Deer Creek Road from the Charter School?

A. The school board has no direct authority over the Charter School on traffic issues and there is some discussion that the school might be moved.

Q. Has any assessment been done on traffic in the Woodmoor area?

A. This will be an ongoing process by the traffic engineers.

Q. Can the growth study and its effects on traffic be released? Isn’t most of the growth to the east?

A. Yes, they will publish the study and its updates on the website.

Q. The site selection process seems to be arbitrary. Why weren’t local people consulted on the acceptability and selection of the site?

A. This was a district-wide process carried out by elected officials and many others to provide district-wide acceptance.

Q. Safety and noise are issues because of the proximity to I-25 with its many trucks and occasional hazardous cargos.

A. The high school in Castle Rock and others around the state are also similarly near I-25. These issues will be reviewed as part of the safety study. They will need to talk to experts to make it as safe as possible and also work to reduce the effect of noise.

Q. Will there be a smoking area at the new school?

A. This issue will be addressed in partnership with the county Sheriff’s Office and Woodmoor Public Safety.

Q. Is the land under contract?

A. Yes, the school district has a contract for 69 acres and is working on another five acres.

Q. Will road lighting be improved?

A. Yes.

Q. What will they do for residents of the land right next to the school?

A. They will commit to making this a buffer zone. The district will work with residents to erect any necessary fences or sound barriers.

Q. Why was the currently owned site at the intersection of Highways 83 and 105 not chosen? Isn’t most growth out East?

A. The site has a number of issues. The state Transportation Department will not allow an entrance onto 83, and the site itself is insufficient to support a high school as large as that currently proposed. Surveys show that most growth is closer to I-25, with more multifamily units being planned.

Q. What was the price of the land?

A. The contract terms do not allow disclosure of the price. It will be on record after closing.

Q. Both ends of the frontage road will need improvement. Who will do that? What if the county says that the school district needs to pay? Why was the land bought before answering these questions?

A. El Paso County has not been involved yet. The district will work with them to resolve the problems.

Q. Personal experience from another area indicated that having a high school near a middle school where children have disposable income might increase drug use there. Why place the high school near the middle school?

A. The school board will look at this concern.

Q. Is it possible to stop the contract, and are there contingencies in place if the bond issue doesn’t pass?

A. It would be difficult to stop the contract or to write one with such contingencies, given the current demand for land. The bond issue needs to pass to build another high school to address the fact that the current high school is not large enough.

Q. Why is there the necessity to build near Woodmoor? The current high school is adjacent to South Woodmoor and further construction seems to be forced into this area. There is no increase in high school students from Woodmoor.

A. The local area, unlike Castle Rock, is not a master-planned community. There are many separate government and non-government entities in the school district area, each with their own plans. Land is not allocated for schools, and there are a limited number of sites available. This school serves a much wider area than Woodmoor.

Q. Will the WIA provide security?

A. Yes, they will negotiate with the school district to provide service.

Q. The proposed site is not flat. Will this be a problem?

A. The civil engineers believe that it can be made to fit with minimum disturbance of the land.

Note: In some cases, questions asked and answers given at different times were combined.

The Monument Board of Trustees approved lease-purchase financing for a new police and town office building on the southwest corner of Highway 105 and Beacon Lite Road. The board also reviewed preliminary revenue and expenditure performance figures for 2006. Trustees Gail Drumm and Steve Samuels were absent.

Mayor Byron Glenn said Town Manager Cathy Green had been given discretion to use board contingency funds to arrange a luncheon and "roast" on Aug. 23 and purchase of a gift honoring the resignation of Triview Metropolitan District Manager Ron Simpson.

Trustee Tim Miller urged residents to vote on Aug. 8.

Jackson Creek resident Steve Meyer suggested that the town pursue a cost-effective method for recycling similar to that initiated by Manitou Springs for glass, tin, aluminum, and paper.

Financial consultant Jim Manire, of James Capital Advisors Inc., reported that the town had received three financing proposals that were good for 30 days, with the condition that a completed environmental impact statement would be available for the site at closing. He recommended that the town select the 10-year lease-purchase financing proposal from Wells Fargo Bank due to its higher flexibility on pre-payment. The Wells Fargo interest rate was 4.45 percent and allowed pre-payment without a penalty, with fees and expenses of about $36,250. Manire also said Wells Fargo had far more experience in Colorado tax-exempt financing, and a higher probability of being able to close on time to lock in the proposed rate. Total interest for the full term would be about $750,000.

The Bank of America proposal offered the same rate of 4.45 percent but no pre-payment option; fees and expenses were $10,000. The Key Government Finance interest rate was 5.17 percent with fees and expenses of $5,000; no pre-payment option was offered.

Green said that the 2006 budget restatement proposal should be available at closing and that the land contract was undergoing a legal review. Manire said closing could occur in 10-14 days, making the loan funding available to begin construction. Green recommended scheduling a formal hearing for approval of the loan and land contracts at the Aug. 21 board meeting.

Stuart Currier, who lives in the Forest View Acres Water District, asked the town to consider providing town water to the district starting in late 2007. He said he does not "believe the board can manage the district" due to its proposal for a November property tax mill levy ballot initiative to upgrade inadequate and unsatisfactorily maintained infrastructure. Currier said the proposed initial bond issue would result in a 32-mill levy for 40 years. He also said that within five years the district plans to further increase taxes with a second bond issue. Currier noted that his was one of nine widely separated homes that should be allowed to withdraw from the water district because of the very high cost for the district to upgrade service to meet current service standards. He said it would be cheaper for all concerned if each of the nine homeowners drilled a well at a cost of about $7,500 each.

Public Works Director Rich Landreth said he would have to review the issues for including the district, which is not contiguous with any town boundary other than Monument Lake’s. He also said that the district’s senior surface-water rights in Monument Creek for 120 gallons per minute might be useful to the town as would the district’s storage tank site. He also noted that the district consultant’s proposed capital costs to bring the district up to current state and federal standards exceed $6 million.

Trustee Dave Mertz asked Landreth whether other Forest View Acres infrastructure met town standards due to the liability incurred through annexation. Landreth said that the roads do not meet town standards. Green said no analysis had been performed on projected upgrade costs or creating a special separate zone that would not obligate the town to maintain infrastructure and might also have a separate taxing structure. Miller told Currier that there is usually opposition to any annexation proposal.

Director of Development Services Tom Kassawara recommended charging a fee of $400 to developers for each additional staff review after the first two reviews of site plans. Trustee Tommie Plank suggested moving the additional reviews to "the end of the line" to penalize "their ineptness" as an additional incentive to developers and their consultants to respond to staff comments more efficiently. Kassawara suggested using his discretion rather than making a new policy part of the fee structure. The new fees were approved unanimously.

The Tri-Lakes Chamber of Commerce requested a special event liquor permit for a beer and wine garden as part of its second annual Street Dance at Monument Plaza on Aug. 26. Beneficiaries of the charitable event are Tri-Lakes Cares (50 percent), as well as the Faith Community Church building fund, the Life Academy scholarship program, and purchase of body armor for Air Force Academy Security police dogs being deployed to the Iraq war zone.

The board unanimously approved routine one-year liquor license renewals for Tri-Lakes Liquor, 585 Highway 105, and a 3.2 percent beer/fermented beverage license for Safeway, 624 Highway 105. Monument Police Department Detective Mark Owens attested that there have been no violations at either business in the past 12 months.

Attorney Allen Dill said 7-Eleven Inc. has changed its policy and is franchising its corporate Front Range stores but retaining joint 50-50 ownership of each store’s 3.2 percent beer/fermented beverage liquor license with its new owner operators. The new partner for the store at 283 Highway 105 is Rajesh Chugh, of Chugh Enterprises, Inc. Though Chugh has been the operator of the store, he attended a six-week corporate liquor license training program as a new joint owner. Town Clerk Scott Meszaros said the application for the new license should be processed by the state within 30 days. The temporary license was unanimously approved.

Wal-Mart Stores, Inc. sought a new 3.2 percent beer/fermented beverage liquor license for its Monument Marketplace Supercenter. Meszaros said that Wal-Mart is already approved by the state, so the investigation would be for the specific manager for this store, Angela Mitchell.

Mitchell said underage cashier employees are not allowed to touch alcohol products that are being purchased. Instead, the store’s customer service manager performs checkout and ID checks. Mitchell also said that even though the requested Colorado license would permit round-the-clock liquor sales, Wal-Mart’s policy is to suspend sales from midnight to 7 a.m. Her license was approved unanimously.

Treasurer Pamela Smith said that the completion of the 2005 audit had finalized the specific amounts of money carried over to 2006 budget, making these funds, along with increased 2006 revenues, available for allocation against unexpected expenses and reduction of long-term debt. The amount carried forward in the general fund was $222,465, and $1,423,178 was carried forward in the Water Enterprise Fund. The total amount carried forward in all the minor funds was $317,195, most of which is unspent funds for capital projects. Smith said that posting requirements required the board to wait until the Sept. 21 meeting for approval of the restatement. Green added that while there might be a pre-payment penalty for some old high-interest bond debt, there are no TABOR restrictions on early payoffs.

Some of the proposed budget restatement recommendations were:

Two payments over $5,000 were unanimously approved:

Town Attorney Gary Shupp reported that it appeared that Lewis-Palmer School District 38 would not appeal the District Court decision to reject its lawsuit against the town.

Green reported that the town’s web site would be unavailable during revision. An "under construction" notice will appear when people try to log on, until the site is restructured.

The meeting adjourned at 7:50 p.m.

The Monument Board of Trustees (BOT) held an open house meeting at Creekside Middle School Aug. 21 to once again discuss the relationship between ongoing and proposed Baptist Road improvement projects. Some of the needed Baptist Road improvements are underway east of I-25, but there is no funding currently to improve the I-25 interchange. The meeting was a follow-up to a similar open house session on June 19 and started early so that several emergency ordinances could be approved prior to the Baptist Road presentation. Trustees Tim Miller and Tommie Plank were absent.

The board unanimously approved separate emergency ordinances adopting a supplemental budget and corresponding appropriation. Additional revenues from the 2005 audit were carried forward and added to the beginning balances to the 2006 budget. These additional funds and unexpected 2006 revenues were allocated and appropriated to new expenditures in the budget restatement for land purchases, capital projects, and debt reduction that were discussed and approved at the previous board meeting:

The board also unanimously approved an emergency ordinance for lease-purchase financing (not to exceed $3.2 million) agreement with Wells Fargo Bank for the new building for the police department and town hall offices. The site is the southwest corner of Highway 105 and Beacon Lite Road. Green said that the financing had to be in place before the town could issue a request for proposal for construction of the building. She also said that the cost of the land ($520,000 or $10 per square foot) was in line with the few other comparable costs for nearby commercial land that were available.

The board unanimously approved a resolution declaring Aug. 23 "Ronald Jay Simpson Day" in recognition of his service to the town. Simpson resigned as the manager of Triview Metropolitan District Aug. 30. He held the post for 11 years.

Japanese citizen Akio Nyuriamo, a chaperone for Japanese 4-H students from the region around Kyoto and Osaka who were visiting Monument, presented Mayor Byron Glenn with several "traditional Japanese good will" gifts to thank the town for its support of her organization’s annual visits. Glenn thanked her and exchanged bows with her as each gift was presented.

The board unanimously approved four payments over $5,000:

Mayor Glenn, Town Manager Cathy Green, PBS&J project manager Steve Sandvik, County Commissioner Wayne Williams, and District 9 Colorado State Transportation Commissioner Terry Schooler explained the Baptist Road Rural Transportation Authority (BRRTA) November ballot initiative for a temporary sales tax to privately finance early improvements to the state-owned I-25 Baptist Road interchange. Citizens asked several questions after the presentations.

Glenn reviewed the history of BRRTA’s efforts to expedite interchange improvements.

In his conclusion, Glenn said,

Town Manager Green briefly reviewed a few highlights of the PowerPoint slide presentation PBS&J project manager Steve Sandvik gave to PPACG on Aug. 17, prior to their decision to upgrade the interchange to a regional priority. The main purposes of the early financing are:

Sandvik said that interchange construction, which would last 14-16 months per the essentially completed PBS&J design, could begin as soon as:

Commissioner Williams gave his views on the state’s funding priorities and why the temporary one-cent BRRTA sales tax ballot initiative makes short-term reimbursement of BRRTA more likely, if approved in November:

Commissioner Schooler also provided some of his views on the ballot initiative:

Some additional information was provided in statements made by these officials in response to citizen questions:

The meeting adjourned at 7:55 p.m. The next BOT meeting is on Tuesday, Sept. 5, due to the holiday weekend. Meetings are normally held at 6:30 p.m. on the first and third Monday of the month at Town Hall, 166 Second St.

The Monument Planning Commission unanimously approved the Promontory Pointe plat and site plan proposals that had been continued from the July 12 meeting because a consultant was late in sending notices to neighboring property owners. Also approved were a major amendment to a Trails End preliminary PD site plan and a proposed change to the town’s lighting regulation. Commissioner John Kortgardner was absent.

Director of Development Services Tom Kassawara noted that the commissioners had already conducted a public hearing on the plat and site plan July 12. He said there would also be public comment on both during this meeting because of the previous notification problem.

Road name still not approved: The name of the extension of Gleneagle Drive northward from Baptist Road through Promontory Pointe and Home Place Ranch to Higby Road has still not been approved by the county. Landco Properties, the developer of Promontory Pointe, did not want to use the name Gleneagle Drive because it might imply that this development was part of Gleneagle, a county development, even though concerns were expressed at hearings that such name changes are confusing.

In 2005 Landco, HPR LLC (the developer of Home Place Ranch to the north), and Classic Homes (the developer of Sanctuary Pointe to the east) agreed to form three road improvement districts which would impose separate mill levies to pay for the extension of Gleneagle Drive north to Higby Road, widening of Higby Road from Home Place Ranch west to Jackson Creek Parkway, and widening of Jackson Creek Boulevard to four lanes from the Monument Marketplace north to Highway 105.

The name Ranch Point Road was selected to reflect the names of all three contributing developments. However, the Enumerations Office of the Pikes Peak Regional Building Department did not approve that name. The name "Old Post," which had been assigned to a cul-de-sac within Promontory Pointe, was then proposed for reassignment by town staff to the Gleneagle extension. However, the proposed plat submitted at the July 12 hearing depicted the name of the extension of Gleneagle Drive as Walkerton Drive, while the name for this road shown on the site plan was Temperance Drive. The plat and site plan submitted for the Aug. 9 hearing listed the name as Old Post Road. This reassigned name and the new name for the affected cul-de-sac had not yet been approved by the Enumerations Office.

This northward extension of Gleneagle Drive will be called Ranch Point Road only within the Promontory Pointe and Home Place Ranch annexations. The intersection of Higby and Ranch Point Roads will align with the future southward extension of Furrow Road to Higby, in accordance with the county’s Major Transportation Corridors Plan. Furrow Road, like Gleneagle Drive, is in the county. Furrow Road, Ranch Point Road, and Gleneagle Drive will form a single residential collector parallel to I-25 between County Line Road and Northgate Road.

The county is widening and re-routing Struthers Road to connect to Jackson Creek Parkway as part of the Baptist Road improvement—another part of its Major Transportation Corridors Plan. This major frontage collector parallel to I-25 will also connect Northgate Road and County Line Road.

Landco originally sought approval from Triview Metropolitan District to avoid having to meet the county minor urban residential collector standard called for in the county’s Major Transportation Corridors Plan, which applies to Gleneagle Drive. The collector standard requires a 60-foot right-of-way, no parking, and no driveways. Triview responded by creating a new road category to meet Landco’s request for only a 50 foot right-of-way and allowed on-street parking and driveways to each house.

On Nov. 9, 2005, citizens complained about safety and the developer’s desire to maximize density at the Promontory Pointe PD sketch plan. Several commissioners also specifically complained about the narrow right-of-way and cars backing into traffic from driveway accesses for every lot along this collector. The Planning Commission rejected the proposed PD sketch plan. After a heavily attended four-hour hearing Feb. 6, Landco withdrew its proposed sketch plan when the Board of Trustees appeared ready to vote against it for the same reasons.

Town staff initiated a program to require unification of Triview’s and the town’s development regulations. Eventually, Landco and Triview dropped their insistence on creating a new road category and Landco agreed to reconfigure the collector road to meet county standards. However, neither of the plats submitted in July and August depicted the new frontage road easements for driveways for the lots along Old Post Road to match those shown on the site plans.

Kassawara reported that the final plat conformed to the density of the PD sketch plan approved by the Board of Trustees on Jan. 3. The final plat contains 284 single-family home lots on 77.80 acres. Road rights-of-way total 24.41 acres. There are 14.64 acres of open space and park tracts. Gross density is 2.43 dwelling units per acre. Net density is 3.08 dwelling units per acre. The developer will donate the cash equivalent of 4.5 acres of dedicated land to Lewis-Palmer School District 38.

The plat had been revised to address most of the technical corrections requested by the staff in July, including a change of responsibility for park maintenance from the town to Triview Metropolitan District. The remaining minor technical corrections were addressed by a single condition that says they "shall be made to the satisfaction of Town Staff prior to recording" the plat.

Kassawara reported that referral comments from other agencies had not yet been addressed. He recommended a condition that "All referral comments shall be addressed to the satisfaction of Town Staff prior to recording" the plat. He added that the plat was "pretty well buttoned up and ready for a vote."

Principal Planner Karen Griffith said the proposed plat conformed to the requirement for an equivalent land dedication for parks, trails, and open space equal to at least 20 percent of the parcel and the design principles outlined in the town’s subdivision regulations.

Public comment: Jackson Creek resident Steve Cummings said that the increases in Promontory Pointe lot sizes along the western boundary of the parcel were more generous next to Saber Creek Drive and Split Creek Drive than Pistol Creek Drive and Misty Creek Drive. He asserted that the southwestern Promontory Pointe lots were actually 4,000 square feet smaller than adjacent Jackson Creek lots because the land in the trail easement at the rear of these proposed lots cannot be used by the prospective landowners. He pointed out that there were still no driveway easements depicted on the plat along the main collector road.

Cummings also said that the Promontory Pointe drainage next to his Misty Creek Drive lot was inadequate due to a lack of detention ponds and that his lot had been damaged by stormwater runoff. He suggested moving a proposed park closer to his lot to increase stormwater absorption.

Commissioner Tom Martin said that the lot size adjustments along the south end of the western boundary were comparable to those to the north and did not need to be further enlarged. He noted that the 30-foot diameter treed islands added to the center of all cul-de-sacs were a significant improvement. Kassawara concurred and said the town would make that a new design standard for future development and noted that the remaining roadway in the 110-foot diameter cul-de-sacs had a large enough turning radius for fire engines.

The other three conditions Kassawara recommended for the proposed plat were:

The plat was unanimously approved with the five proposed conditions.

Kassawara said that all the town’s previous drainage, detention pond, and lot size issues raised at previous hearings had been resolved.

Public comment: Kingswood resident Gene Scalf said that Landco had not given him a copy of the preliminary site plan as promised and he had been unable to prepare comments. Kassawara said Scalf could review a copy of the plan he was given and provide formal hearing comments at the Board of Trustees hearing.

Kassawara then responded to the site plan comments Cummings had presented earlier in the meeting. Kassawara said that he had reviewed and approved their engineering plans for detention ponds and an outfall line that connects to a Jackson Creek outfall line. Cummings replied that it was the open space on the vacant Promontory Pointe land by his lot that was causing the problem. Kassawara said there had been no grading on the Landco parcel other than for Baptist Road widening. The flows Cummings was discussing were historic natural flows that preceded construction of any houses in Jackson Creek.

Kassawara said that the 30-foot trail easements along the western boundary of Promontory Pointe will be part of each of the privately owned boundary lots and will be taxable in accordance with the PD sketch plan approved by the Board of Trustees in January. These lots are approximately equal in size to those along the eastern boundary of Jackson Creek. Kassawara also noted that the 30-foot trail easement, as well as the fence that will be installed on both sides of the trail will be maintained by Triview Metropolitan District rather than the individual property owners. These improvements will be built before building permits are issued for any of the affected houses.

Kassawara also said that the location of the parks had not changed throughout the approval process due to the natural sloping topography of the sites making them most appropriate for benches and picnic tables. "That’s the place for the park due to the terrain."

The preliminary PD site plan was unanimously approved.

The Trails End land owner, Five Y Eyes Guys, LLC, sought approval of a major amendment to the development’s design guidelines to more than double the number of building elevations being offered by Richmond Homes as well as increase the number of available colors, types of siding materials, and decorative stone options. Kassawara said the recommended addition of larger models and upgraded materials were consistent with the previously approved PD guidelines. "More variety is a positive."

Public comment: A number of Santa Fe Trails residents attended the meeting to register complaints about Trails End issues unrelated to the proposed PD site plan amendment. However, Shoshone Trails homeowner Robert Byers did say that he did not like the designs, colors, and materials used on the few existing Trails End houses, because they did not match those of adjacent Santa Fe Trails houses like his.

The other complaints came primarily from Trails End and Santa Fe Trails residents who live along the boundary between the two developments and were also unrelated to the hearing. They focused on the property owners’ inability to plant trees or build privacy fences due to a Monument Sanitation District 20-foot major sewer collection line easement that extends 10 feet into yards on either side of the subdivision boundary. Kassawara noted that fences would prevent the district from having access to its line for cleaning and repairs. He also noted that roots from shrubs and trees would puncture the collection line, creating leaks that would cause cave-ins. Kassawara also noted that a meeting would be held in these backyards the next morning, and he and Monument Sanitation District Manager Mike Wicklund would answer questions from homeowners.

Residents were unsatisfied with this statement. They said Richmond Homes had failed to advise the purchasers of Trails End homes along the northern boundary that they could not use the back of their yards due to the sewer easement and the town was taxing them on property they could not use. However, utility easements along the back 10-15 feet of residential properties are very common in the Tri-Lakes region.

After the Aug. 10 meeting with property owners, Wicklund recommended and the Monument Sanitation District board approved a policy at its Aug. 15 meeting that allows homeowners to build fences along the rear boundary of the affected perimeter lots as long as the owners acknowledge that they do so at their own risk. The district reserves the right to take down the fences to perform necessary sewer maintenance and repairs and will not be obligated to replace them. Trees and shrubs will remain prohibited in the easement.

Several commissioners also asked Kassawara questions unrelated to the design guidelines amendment hearing. Their questions focused mostly on long-standing drainage problems in Santa Fe Trails. Kassawara said these problems had been solved. The southwestern detention pond had been already enlarged by the town at the developer’s expense and the outflow of the northwestern detention pond had been redirected to the north to flow into Dirty Woman Creek.

After further lengthy discussion about unrelated Santa Fe Trails and Trails End issues, the commission approved the proposed additional elevations, colors, and materials options.

Griffith discussed her proposed amendment to provide a more objective standard for lighting and minimize light pollution and glare from future construction through the use of full cut-off or fully shielded fixtures. She said it would apply primarily to commercial and multi-family building proposals. The amendment is based on standards from the Illuminating Engineering Society of North America that give lighting designers substantial flexibility.

The maximum illumination permitted is 0.1 foot-candles 20 feet outside the property line. Drawings called photometric grids that display the distribution of varying illumination levels will be required submissions. This maximum includes any interior illumination radiating outward through a window. Exemptions are provided for temporary emergency, security, and holiday lighting, as well as low-level illumination fixtures.

She noted that the Kings Soopers parking lot was one example of construction that already complies with the proposed standard, providing motorists with enough light for safety and security, yet having little if any impact on neighboring properties.

Commissioner Carl Armijo asked if the consultant’s lighting plans would require costly endorsement by a professional engineer. Kassawara said only a letter from the lighting engineer stating that the proposed plan complied with the amended code would be required.

The amendment was unanimously approved.

Kassawara asked for volunteers for a citizen committee to write PD design standards for building elevations. Martin and Armijo volunteered.

The meeting was adjourned at 8:55 p.m. The next meeting will be at 6:30 p.m. Sept. 13, in Town Hall, 166 Second St. Meetings are normally held on the second Wednesday of the month.

The Baptist Road Rural Transportation Authority president, County Commissioner Wayne Williams, announced that the state Transportation Commission would be considering an intergovernmental agreement between Colorado Department of Transportation (CDOT) and BRRTA on Aug. 17 regarding reimbursement for revenue bond financing of Baptist Road interchange improvements. The board also reviewed draft language for its November ballot initiative that proposes a temporary one-cent sales tax within BRRTA to pay for revenue bonds to finance early construction of the Baptist Road interchange.

County Commissioner Jim Bensberg and Monument Trustee Dave Mertz were absent.

Chaparral Hills resident Linda Silveira said she had been working with El Paso County Department of Transportation project manager Andre Brackin on plans for a privacy fence on the north side of her property. The fence is to be built between her house and the frontage road on the south side of Baptist Road that will provide alternative access to the Family of Christ Church and the two lots to the east via Leather Chaps Drive. The driveway accesses to Baptist Road for these three properties are being eliminated in accordance with county standards for a major collector.

Silviera noted that Brackin was not in attendance and asked the board to confirm that the fence would be built. Williams, confirmed that the fence will be built.

Williams also noted that one of the two homes had been sold to a church and said this showed that construction of the second church was "illustrative of why we thought the frontage road was appropriate." Silveira said, "I can think of worse neighbors." Williams added that "It was kind of nice to drive by and see some of that (road) actually has black top, curbs, and gutter."

The board unanimously approved payments for the district’s audit and legal services. The board also approved payments of about $12 and $21 for property taxes for the rest of the year for two pieces of right-of-way. The board’s attorney, Jim Hunsaker, noted it was cheaper to pay the minuscule tax bills rather than continue trying to convince the state’s tax department personnel that BRRTA was in fact tax-exempt. The board unanimously approved all four payments.

Monument Director of Development Services Tom Kassawara reported that he had just received grading and utility relocation plans from Mountain View Electric Association (MVEA) and the developer of the Monument Ridge parcel. He said he would review them as soon as possible so that the utility might begin to move the underground power lines that have slowed grading and construction of the portion of Baptist Road opposite the King Soopers shopping center. Monument Mayor Byron Glenn said that the on-site project foreman had told him that "they were having a lot of problems with the utility."

The cost of the MVEA relocation has more than doubled since the contract was awarded for widening Baptist Road. MVEA has been slow in relocating its lines along the entire length of the project and has been slow in approving the regrading of the steep hill, construction of retention walls, and relocation of its underground lines between the Monument Ridge development and the Family of Christ Church. This has also caused delays by MVEA in approving relocations of its lines in the Baptist Road right-of-way in front of the church and the Monument Ridge development.

Kassawara said that the Sanctuary Pointe preliminary development proposal would be presented to the town’s Planning Commission in September. No proposals had been submitted to his department for Home Place Ranch. The Planning Commission had approved the preliminary/final plat and preliminary PD site plan for Promontory Pointe (see article on the Aug. 9 meeting for details) and they will be presented to the Board of Trustees on Sept. 5.

There was a lengthy technical and philosophical discussion on what would be the clearest way to word the proposal for a temporary one-cent sales tax to finance revenue bonds to pay for construction of needed improvements to the I-25 Baptist Road interchange before CDOT can pay for it in 2012 or later.

Hunsaker said the Taxpayer Bill of Rights amendment to the state constitution requires that ballot questions be in a specific format, all words have to be capitalized, and that the question be a single sentence. There was consensus during the discussion that these requirements make it difficult to draft wording that is not too long or convoluted for voters to quickly grasp and understand. He noted Williams’ suggestion to use the Pikes Peak Rural Transportation Authority ballot language as a guide to writing the draft the board then discussed.

The board agreed on the following criteria for the temporary tax initiative language: