Contents:

the PDF file. This is a 18.5 Mbyte file and will take about 110 minutes to download at 28.8. To view and print the file, you will need to download and install the free Acrobat Reader Program.

Groundbreaking Oct. 12 for new Monument Academy building on Highway 105

Below: View of the Monument Academy building from the southeast. The Church of Jesus Christ of Latter Day Saints bounds the parcel on the east. The planned Knollwood Village development bounds the parcel on the west. Drawing provided by the Monument Academy.

Groundbreaking for the project will held October 12, 12:30 p.m.

Below: View of the Monument Academy building from the north west. Highway 105 bounds the parcel on south. The Church of Jesus Christ of Latter Day Saints bounds the parcel on the east. The planned Knollwood Village development bounds the parcel on the west. Composite of a building elevation provided by the Monument Academy and a photo by Chris Pollard of a slide presented Sept. 24.

Below: Monument Academy parcel and nearby parcels.

About 70 people attended a special meeting called by the Monument Academy Board of Directors on Sept. 24 to announce details of a proposed new school that has caught most residents by surprise.

The school will be located to the north of Highway 105 between the Church of Jesus Christ of Latter Day Saints and Knollwood Drive. About 10 to 15 of those present at the meeting were residents who live adjacent to the proposed site.

Bob Hughes, director of development and the owner representative, said the Academy had been looking for land for the past few years. Then in summer 2006, after reviewing the problems of finding suitable land, the Academy decided to build a K-8 school instead of a K-12 school. Not long afterward, they learned that 15 acres adjacent to Highway 105 was available.

The Academy then selected architect Paul Hutton of Hutton Architect Studios and contractor J.E. Dunn to design and build the school. In addition, studies and research were conducted regarding traffic, the requirements related to the property’s Preble’s jumping mouse habitat area, and various other environmental issues.

Laura Gipson, board president, said the school had obtained bond funding with a maximum limit of $13 million. The funding would go to a separate, newly formed Monument Charter School Corp., which would build the school and then lease it back to Monument Academy. Russ Caldwell, an investment banker with D.A. Davidson, explained how the bond structure works and announced that the construction financing loan would close on Sept. 28.

Hughes said that the school gets the bulk of its operating funds from the state of Colorado. He said repayment of the loan was structured so that it would not exceed 15 percent of the school’s operating funds without the mill levy override, scheduled to be on the November mail election ballot. If the mill levy override passes, then the repayment will be reduced to 6.5 percent.

He added, "The building will happen." They will acquire the proposed 15 acres and although they can never use the 8 acres of mouse habitat for construction or other permanent use, that portion would provide a "buffer" for homes immediately adjacent to the tract on South Park Drive.

Access to the school remains unclear. While Hughes said that the property would be entered from Highway 105, all maps seen so far show the main entry to be on the east side of the school, going through the parking lot of the adjacent church.

Hutton has been working on this project since March and is most of the way through design and documentation. He estimated he had about a month to go before the drawings would be handed over to the contractor. He added that he has been working with the contractor on cost estimates to ensure that the school could be built to budget.

The school would be built on the available 7 acres of the lot, and Hutton pointed out that this was a difficult site because of the steep slope away from Highway 105. The building would be partially built into the side of the slope. There would be two parking lots. The only other construction of note would be a small playground to the northeast and a smaller kindergarten play area to the west.

Stu Schmoker of J.E. Dunn said he thought he would have a completed bid package at the end of October to present to the board. He added that the landscaping was on a tight budget and suggested that this would be an opportune area for people to make donations. He also suggested that parents keep an eye on the construction site as they drive by, to aid site security. He would also leave a set of plans at Monument Academy so that people can bid on parts of the school building project.

Hughes noted that while they originally thought it would cost $10 million to construct, estimates have been lowered to about $9 million. Grants or donations would allow them to restore options that had to be cut. Despite the upcoming groundbreaking, a more detailed construction schedule hasn’t been announced.

A question-and-answer session followed; written questions from meeting attendees were sorted and aggregated into relevant subject areas.

Q. How many spaces for cars would there be in the parking lots and teacher parking?

A. There will be 50 spots adjacent to the roadway for faculty staff and visitors, and 30 spaces in a parking lot to the east. There was also the possibility of allowing for other parking on a temporary basis along the street that goes past the school.

Q. What is the proximity to the Church of Jesus Christ of Latter Day Saints and to Highway 105?

A. The church will be about 200 feet from the gymnasium, and the school is about 30 feet from Highway 105.

Q. How far is the school from neighboring houses and Dirty Woman Creek?

A. The larger playground will be within 220 feet of the houses and the creek that borders them. The playfield, which will not be lighted, will only be used during school hours.

(At a later point, a resident who lives adjacent to the creek asked if kids would be protected from access to it. The creek occasionally runs out of its banks and has a high flow rate. The architect said that he didn’t know if it would be classified as a hazard.)

Q. Is there money in the budget for new furniture?

A. Not at this time. (Furniture will be moved over from the old building.)

Q. What is the entrance from Highway 105?

A. The junction with Highway 105 is tied in with the planned development to the south. It is planned to be a lighted intersection, but there is no agreement yet with the developers or the church to the east.

Gipson added that she thought this was a work in progress and that charter academies generally encounter problems with carpools. Local residents commented that they thought there were already problems with the nearby Highway 105 and Knollwood intersection, with traffic backing up almost to Interstate 25. They felt that, with this kind of backup, drivers leaving the school would be tempted to devise other methods of getting onto Highway 105. Gipson said they will get back with El Paso County and work on the matter.

Q. What measures will be taken to control runoff?

A. The architect said that the building was designed with a "blue roof" that will hold water temporarily up to a depth of 2 to 3 inches and slowly release it. There will also be a detention pond.

Q. Will the site’s extreme slope be a problem for cars in winter?

A. The road had been designed with added length over a circuitous route to minimize the slope.

Q. Will the school be operating by August 2008?

A. The Academy is aiming for that date.

**********

Upcoming events related to this development include:

Oct. 12 , 12:30 p.m., Groundbreaking for the project.

Oct. 15, 6 p.m.: Monument Academy Board of Directors, at the Monument Academy North Campus.

Oct. 22, 7 p.m.: Woodmoor Improvement Association Board of Directors, at the Woodmoor Barn on Woodmoor Drive

Woodmoor/Monument Fire Protection District dissolution and inclusion measures pass, Oct. 2. 181 For, 8 Against on each of the ballot measures. The merger into the Tri-Lakes FPD will take effect January 1, 2008.

Below: September 25 - Parry Thomas & Jan Doren present a development plan for the Driving Range.

At a sometimes unruly meeting held at the Gleneagle Golf Club on Sept. 25, Gleneagle residents were faced with the possibility of another new development in their back yards. According to representatives from Thomas & Thomas Co., a private planning and design company in Colorado Springs, the club is looking to eliminate its existing driving range and build up to 50 townhomes or patio homes in its place. Additionally, the club wants to eliminate all the gold tees (used for pro and championship play) on the golf course and build up to four new single-family homes on one-third-acre lots.

According to Thomas & Thomas, the club needs the money to finance some necessary changes to the course and clubhouse, namely:

From the very beginning, Thomas & Thomas never had control of the meeting. Representatives essentially ignored the questions and sometimes loud outbursts of local residents and continued to push forward with the agenda. They told residents they wanted to form a core group of individuals to help them create a planning and development group. This core group would help the company to refine the initial plan so that they and the club could come up with a final application for rezoning that would be submitted to the El Paso County Planning Commission.

Several residents stated that the agenda was putting the cart before the horse and that it seemed the elimination of the driving range was a "done deal" by the golf club owners. Jan Doren, the club representative at the meeting, stated that no application had yet been submitted. She asked residents to listen to the company’s pitch and then join the core group to help come up with a good development plan. Once again, the crowd lashed out, saying they wanted to know why the club was contemplating this development and how they arrived at the intended plan being presented.

Parry Thomas, president of Thomas & Thomas, said that he and/or golf club pro John Brockman would address all the residents’ questions after they were allowed to present their full plan—which they then did.

Thomas & Thomas was hired by the club in January to come up with a development plan that would help it raise the funds necessary to make needed improvements. During the initial meetings, three options were developed:

After further discussions, Option 3 was selected, with the following modifications and provisos:

Following the presentation, Eagle Villas residents complained that they had paid a premium for their lots and homes for being adjacent to the driving range and having views of the mountains, and the plan would eliminate those attributes. Many of the same residents complained that putting 1,500-square-foot townhomes or patio homes next to 4,000-square-foot homes would severely and adversely affect the value of their homes and asked if the club would reimburse them for this loss. Presenters had no response.

Regarding questions about water availability, Thomas & Thomas said that they were told by Donala Water and Sanitation that sufficient water supplies exist to allow the development to move forward. Many residents complained that considering Donala’s current watering restrictions, they doubted there was enough water for the development.

Other residents complained that when the Bethesda Corp. built Gleneagle, the golf course and its driving range were intended to be Gleneagle’s only open space; without these, a good portion of this open space would be eliminated.

In response to questions about traffic, Thomas & Thomas said that a traffic study had been completed and that the single-entry roadway to the new development off Mission Hills Way could support the increase in traffic without any modifications or improvements to that street. A representative of LSC, the company that performed the traffic study, advised that there would only be a 4 to 5 percent increase in traffic.

Thinking this figure seemed low, one resident asked the LSC representative to clarify his figures and calculations. The representative said that this increase in traffic flow was based on the increase in traffic at the intersection of Struthers and Gleneagle Drive. When asked how much extra traffic would be seen on Mission Hills Way itself, the LSC representative stated that about double the existing flow would be generated by the new development.

At the conclusion of the presentation, Parry Thomas advised that they were about nine months away from finalizing and submitting a development plan to the Planning Commission (following approval there, it would go before the Board of County Commissioners for final approval).

Most residents were opposed to joining any core group to help the company improve on plans for a development they didn’t want to see implemented. Brockman then made a presentation that essentially answered the original queries of the assembled group: Why are we here, and how did the club come to this point?"

Brockman advised that the main reason for the planned development was to help pay the estimated $1.3 million it would cost to replace the club’s aging irrigation system — an old pneumatic-type sprinkler system for which parts are essentially nonexistent. In fact, Gleneagle is the only golf course in the state that still uses this kind of system; the parts supplier is currently seeking spare parts nationwide, without much success. So a new system is desperately needed soon.

Brockman further advised that it’s not a matter of just borrowing the money to pay for a new sprinkler system; it’s paying back the money. Since the course only generates revenue for a six-month period annually, and because of the general downward trend in the number of people playing golf—as well as golfers preferring not to join a club but rather "pay as you go"—doubts were raised about the club’s ability to pay back a loan. The matter is further complicated by an overabundance of golf courses in this area.

Currently, the club has only 70 full-time golf memberships, a few social memberships, and about 120 pool memberships. In order to better pay back a sprinkler system loan, the club would need close to 300 full-time golf memberships.

Several residents asked Brockman if the club would consider selling the entire course to a community group. He stated that the owner might consider that. Also discussed was the possibility of residents buying an equity share in the club, using those funds to help pay the debt service on the loan rather than build homes. While Brockman said this was an interesting idea, he doubted sufficient funds could be raised through such an activity.

Residents commented that if the club owners thought eliminating the driving range was the only viable method of financing a new irrigation system, and since business is down, it’s only a matter of time before the owners decide to sell the entire course. Residents said they were not satisfied the owners had exhausted other means of financing an irrigation system and said they felt betrayed at not having been informed of this dilemma earlier.

At the Sept. 4 meeting of the Monument Board of Trustees, developer/landowner Jamie Hull’s application for rezoning the last vacant downtown block was approved.

Hull’s sketch plan calls for mixed-use development of the vacant block between Beacon Lite Road and Grace Best Elementary School at uniquely high densities. The plans call for retail, office, and up to 46 multifamily dwelling units on 3.74 acres.

The town staff advocated selling excess town water rights to meet the drinking water requirements for these unprecedented densities at reduced rates to start the transformation of the downtown area to a "traditional neighborhood" architectural style.

All seven board members were present.

Chuck Roberts, director of the Tri-Lakes Senior Alliance, said that rather than seeking to build a central services building, the Alliance will coordinate an array of services at numerous locations. Funds that had been designated for lease or mortgage payments for a central Alliance building will be used for subsidizing fees paid by seniors with limited incomes for a wider variety of programs as well as paying the costs for some senior programs.

Roberts said the alliance has "partnered with Lewis-Palmer School District 38 for sharing space and other school resources for senior services and activities at various schools in return for seniors’ participation in the district’s intergenerational activities." The first such social event was held Sept. 29 at the district headquarters’ "Big Red" building on Jefferson Street. Roberts said the flagship building for D-38 senior activities will be the new Palmer Ridge High School.

The Alliance will coordinate with the Tri-Lakes YMCA to ensure that the Y’s senior activities at their new facility "complement rather than compete" with the various Senior Alliance programs. Roberts added that the Alliance will also coordinate with Tri-Lakes Cares regarding senior programs at the new Tri-Lakes Cares facility. Both will provide senior services at no cost to the Alliance.

Roberts asked if the Town Hall building would remain available for senior lunches and other meetings when the staff moves to the new Town Hall and Police Department building to be built on the southwest corner of Beacon Lite Road and Highway 105. Roberts said the alliance was ready to firm up an arrangement for leasing the entire building for senior services.

Mayor Byron Glenn said that the town had always intended that the Town Hall meeting room and kitchen would remain open to seniors. Town Manager Cathy Green said that "other people have expressed interest" in leasing some of the offices. Trustee Tommie Plank said that Roberts could negotiate for office space with the exception of offices that would be set aside for the town’s Downtown Development Office staff that would not be moving to the new building. The town staff will develop a plan over the next few months for leasing the current Town Hall building after most of the staff moves out.

Eloy Arellano, owner of the Cork-N-Bottle liquor store on Highway 105, asked the board to consider allowing his business to sponsor tasting sessions for beer, wine, and liquor products in locations other than a restaurant or bar. Arellano would provide all products for such tasting events at his own expense.

The state Liquor Enforcement Division has very specific policies regarding such events but control, as well as approval of such requests, are local decisions requiring an ordinance. Some of the state code restrictions are:

Police Chief Jake Shirk said the new state legislation that allows tastings would not "cause us any grief." Shirk said that if several liquor stores held tastings at the same time, people could go from store to store, which might be a problem.

Arellano said the "biggest benefit is to the consumer" unwilling to buy a bottle of wine to try it without tasting a sample. He said tastings at his store would be held no more often than once a month and would be by invitation only. Arellano said two other liquor store owners he contacted had no interest in joining him in seeking approval.

Glenn asked Arellano to meet with all town liquor store owners and formulate policy proposals on what kind of workers, in addition to the owner, would be on duty at the time of tastings to control distribution of samples. Assistant Town Clerk Claudia Whitney said that tastings could be limited to wine and beer only. Trustee Dave Mertz said the board needed to be careful in setting precedents that would apply to every liquor store, since samples are already being offered by restaurants.

Green presented information on the total amount of water rights owned by the town in response to Jamie Hull’s request to purchase excess water for his very high density Hull Subdivision multi-use planned development (PD) rezoning request at the Aug. 20 board meeting. The Hull Subdivision is planned for the vacant city block between Beacon Lite Road and Grace Best Elementary School. (For more detailed information on this issue see: www.ourcommunitynews.org/v7n9.htm#bot0820)

Green said that the total available water is 990 acre-feet per year, and 373 acre-feet are currently in use. About 248 acre-feet are planned for future use in approved subdivisions in Villages at Monument, Trail’s End, Synthes, Wolf Business Park, Lake of the Rockies, and Valley Ridge. The town has dedicated 125 acre-feet to Forest Lakes Metropolitan District as a 3-inch tap in negotiations for storing water in a new Forest Lakes water tank.

Green proposed setting aside 44 of the remaining 244 acre-feet of town water rights for sale at a discounted rate of about $4,600 per acre-foot to encourage very high density development in the downtown zone. She also proposed changing the standards for water rights "brought to the table" by developers for single- and multi-family dwelling units.

Director of Development Services Tom Kassawara said the town should consider revising the current requirement of 0.5 acre-feet per year for each single-family dwelling unit to 0.375 acre- feet, based on current data on actual use from the town’s Public Works Department and Woodmoor Water and Sanitation District. He expected that three other very high density developments of comparable size would be proposed in the future. If development of this type is not proposed, the staff will recommend lowering the minimum water right rules for the downtown area to encourage more very high density development or conversion.

Kassawara also noted that Hull did not have enough water rights for his development under the current 0.375 acre-feet per year per multi-family residence. Green added that Hull is "10 acre-feet short" for his proposed sketch plan density.

Trustee Gail Drumm said the town did not have good numbers on how costly it would be to pump and treat Laramie Fox-Hills aquifer water in the future. No decisions were made on Green’s proposal to set aside 44 acre-feet of town water rights for very high density development.

Green said that the town receives 5-15 code violation complaints per week for things like:

Green added that code enforcement has usually been delegated to summer interns as a seasonal issue. She suggested creating a permanent full-time position that would report directly to her. Green then led a lengthy and wide-ranging discussion of options and needs.

Donna Jack, a former code enforcement officer for five years in Fountain as well as a former town clerk for Monument, suggested enforcement policies encouraging voluntary compliance. She said her experience led her to believe that a non-confrontational approach as an "ambassador" for the town and an educator works best. She also suggested several types of code restrictions that had proven reasonable and enforceable over time on weeds, tall grass, inoperable vehicles, and animals. She suggested notifications of violations before levying fines and fees and a clear definition of responsibilities of tenants and landlords of rental properties.

Palmer Lake Trustee Susan Miner proposed that the two towns share the cost of a full-time inspector. She suggested providing financial aid or free labor support for seniors on limited incomes who could not afford to upgrade their properties to meet previously un-enforced ordinances.

Rich Landreth, Public Works director, noted that Triview Metropolitan District would also contribute to the cost of a permanent full-time code enforcement officer for Monument.

Lucy McGuire, downtown director of development, stated the business community would like to see more uniform code enforcement. Promotion of "beautiful Downtown Monument" is being compromised by large expanses of "waist-high weeds."

Trustee Gail Drumm opposed aggressive enforcement. He said Monument should not become like Boulder. The town should not start strict enforcement after 30 years of little or no enforcement. He said that if people don’t like the equipment and vehicles he has stored in his yard, "It’s none of your business."

Trustee Travis Easton said the town had grown enough to start code enforcement in Jackson Creek. Mertz concurred.

Glenn asked each trustee to review the code to suggest appropriate revisions that would be consistent among the two towns and Triview.

Kassawara reviewed a lengthy document showing the history of discussions and negotiations between the town and Rocky Mountain Oil Change Center owner John Savage during the past three years. Savage added a car wash and renovated his business on the northwest corner of Highway 105 and Second Street after several hearings before the Board of Adjustments, Planning Commission, and Board of Trustees. Kassawara also presented 19 photos of Savage’s signs, banners, and variable blinking messages that are distracting to drivers at the town’s busiest intersection.

At the Aug. 20 board meeting, Savage asked the board to reconsider sign restrictions imposed on his business that he said were inconsistent with those on other Highway 105 businesses and throughout downtown Monument. (For more detailed information on this issue see: www.ourcommunitynews.org/v7n9.htm#bot0820)

Kassawara noted that revisions to the sign code should be considered by the board for the business corridor that will likely differ from properties immediately to the west. After a lengthy discussion by the board and staff, there was consensus that the town’s sign code should be updated, particularly regarding inconsistencies on banners for special events.

At the Aug. 20 board meeting, the board had unanimously tabled a replat application for Lot 2 in Monument Industrial Park, Phase 2, at the south end of Synthes Avenue. (For more detailed information on this issue see: www.ourcommunitynews.org/v7n9.htm#bot0820)

The application from landowner Brian Gardiner, of Red Rock Investment Co., LLC, would re-subdivide the 4.02-acre parcel into two lots: Lot 2A to the north (1.35 acres) and Lot 2B (2.67 acres.) The purpose is to allow additional industrial or office development on the vacant north portion of the property. Kassawara reported that no conflict existed between town ordinances and covenants in the industrial park. The board unanimously approved the requested replat.

On Aug. 20, the board had discussed and then tabled three applications from Jamie Hull of Goldwest II, LLC, for:

The applications were tabled so that the staff could analyze Hull’s request for sale of excess town water rights to supply the number of commercial and residential units in his proposal for very high density development of this property. The results of that discussion were noted above in this article. (For more detailed information on this issue see: www.ourcommunitynews.org/v7n9.htm#bot0820)

The rezoning application and preliminary/final plat were unanimously approved with no discussion by citizens during the open public hearing or the board. After confirming most of the items discussed Aug. 20 again with engineering consultant Chad Kuzbek, P.E., of Westworks Engineering, the board unanimously approved the PD sketch plan for the property.

Trustee Tim Miller noted that access to Jackson Creek from the Leather Chaps intersection had opened. Miller also noted that I-25 off-ramp traffic was still backing up to the through lanes at the Baptist Road interchange (Exit 158) during rush hours.

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

The board unanimously approved the creation of a new full-time finance assistant position in the town Treasurer’s Department. Treasurer Pamela Smith said the person hired will perform "higher end" accounting duties. There are already four well-qualified applicants for the position, so it won’t be advertised.

Smith distributed a document projecting sales tax revenues for the next five years to the board members and a second document analyzing sales tax revenues for the first half of 2007. The board unanimously approved her treasurer’s report for July.

Second Masse appeal also denied in town hearing: Town Attorney Gary Shupp reported that Green had presided over a town hearing on Kalime Masse’s most recent appeal of a denial of her request for renewal of a long expired business license for the abandoned concrete batch plant on the northeast corner of Highway 105 and Washington Street. Shupp said that there would likely be further discussions between Masse’s attorney and the town’s litigation attorney before Masse decides whether to appeal Green’s second denial to the District Court. Masse’s first town appeal hearing on Feb. 12, 2007 also resulted in a denial by Green. (See article at www.ourcommunitynews.org/v7n3.htm#bot0220 for more details on the factors in Green’s previous decision which are very similar to those for this appeal.)

Green held a second appeal hearing on July 31 on Masse’s second request for renewal of a 1984 building permit for the former Rockwell Ready-Mixed Concrete Inc. batch plant property. Masse’s lawsuit against the town for denying renewal of the 1984 building permit for the plant, which was abandoned in 1985, was remanded back to the town by the Colorado Court of Appeals. The property has been zoned Planned Heavy Industrial development since before the batch plant was initially constructed in 1952. However, a 2001 revision of the town zoning ordinance made concrete batch plants a non-conforming use.

Masse purchased the property at a tax foreclosure sale for $113,000 in April 2002. Her deed is dated March 17, 2003. Masse’s first application for a business license renewal was denied by the town in a special hearing on March 12, 2003. (For details, see: www.ourcommunitynews.org/v3n6.htm#rockwell)

Masse’s intent in her third application for renewal was to "submit revised plans to the Building Department for their review, in effect circumventing all of the town’s current land use regulations and procedures," Green said. Green found that the building license and building plans and the approval of both in 1984 are null and void due to abandonment of the property in 1985 and failure to continue construction for over a year.

Green determined in this appeal that Masse was asserting that the town must approve the license based on unseen development plans and building applications. Green concluded, "I find that appellant cannot change at her whim the issues to be decided in quasi-judicial hearings, especially where the Court of Appeals has ordered the hearing to be held on a specific issue."

The board went into executive session at 9:20 p.m. to discuss real estate negotiations. The board came out of executive session at 9:40 p.m. and adjourned.

Below:  Rockwell Ready-Mixed Concrete Inc. batch plant near Highway 105 and North Washington Street as seen from the Santa Fe Trail. Photo by John Heiser.

Monument Board of Trustees meeting, September 17: Contract for water line along Old Denver Highway approved

The Monument Board of Trustees had a light agenda on Sept. 17. They approved a construction contract to extend the town’s water distribution system farther south along Old Denver Highway and a matching grant contract for improvements to Third Street. They also renewed the liquor license for King Soopers and the contract for Town Attorney Gary Shupp. Trustees Gail Drumm, Travis Easton, and Dave Mertz were absent.

The board unanimously approved a contract to Nelson Pipeline Constructors Inc., one of six bidders to offer to extend the Old Denver Highway 12-inch water main from Wagon Gap Trail to the Colorado Sports Center. Nelson submitted the lowest responsive and responsible bid, $134,039.25. The board approval included a separate contingency in the amount of $15,960.75 for the project, for a total appropriation of $150,000.

Treasurer Pamela Smith noted that Shupp’s monthly invoices over the past several years have been relatively constant, never exceeding $4,990. She proposed that the town’s renewal contract with him take a different form, with fixed monthly payments to avoid the need for him to prepare detailed invoices and for her staff to have to review and approve them individually. The monthly installments in the new contract with The Law Offices of Gary Shupp P.C. are for $4,990 per month for basic services from Sept. 1, 2007, through Dec. 31, 2008, a total of $58,000. The board unanimously approved the proposed contract.

"Basic services" includes the following:

Other services are supplementary and billable at $100 per hour, for example, appearances in court or before other agencies. Separate invoices will be submitted for:

The board unanimously approved a contract between the town and the Colorado Department of Local Affairs for the downtown revitalization project. The Community Development Block Grant from the state is for $120,000. The town will pay all other costs, estimated at $350,900, for a total of $470,900. The project must be completed within one year. The purpose of the state grant is to "Prevent or eliminate slums or blight." Specific allocations in the contract are:

Smith reported that a request for proposal for audit services for 2007 through 2011 was sent to 13 auditing firms. Smith and Town Manager Cathy Green will select the top three responses to the board for a contract award at the Oct. 15 meeting.

Smith gave the trustees a report on sales tax revenue through July 2007. Revenues are ahead of budget by 72 percent and up 50 percent over the same seven-month period in 2006.

The board unanimously approved a one-year renewal for a liquor license for King Soopers at 1070 W. Baptist Road.

Payments over $5,000 unanimously approved included:

Tom Kassawara, director of Development Services, reported on projects discussed at several Technical Review Committee meetings for the month.

Kassawara reported a request by developer Jerry Biggs to amend the approved preliminary planned development (PD) site plan for Lake of the Rockies between Mitchell Avenue and Monument Lake. Biggs is negotiating for the new home builder to "modify the approved traditional neighborhood development site plan for the northern portion of the project by eliminating the rear-loaded garages, the alleys, and the boulevard cross-section for the main entrance to the lake, due to marketability and economic viability issues."

The new proposal’s homes "would still be in the affordable range and would have some of the ‘front porch feel’ of traditional developments." The median along the main entrance road would be eliminated and trees moved to buffers by the curbs on both sides of the road. The number of homes would be "approximately the same." No action has been taken on this project. Classic Homes withdrew its commitment in late 2006.

Kassawara said he had discussed plans for a preliminary PD site plan for Wolf Business Park on the north end of Beacon Lite Road with Jeremy Hammers of Hammers Construction. Kassawara stated that the town preference is for an office or office/warehouse use for this property and other vacant lots along that portion of the I-25 corridor.

Kassawara also discussed plans for a sketch plan, a preliminary PD site plan, and the conditions for the approved plat for Villani Industrial Park on Synthes Avenue, first with Hammers and then at a later meeting with Hammers and potential buyers of the seven lots. Staff advised them on the town’s requirement that the developer prepare design guidelines for common architecture, access, landscaping, and tree removal and relocation for staff approval prior to recording the final plat with the county.

Kassawara discussed plans for a minor amendment to the existing PD site plan for a warehouse property on Eighth Street between Beacon Lite Road and the weigh stations on I-25 for Brooks Brothers Cabinetry, including required access and landscaping under current regulations.

Kassawara said he had also discussed plans for the patio home portion (Filing 3) in the center portion of the 140-acre Village Center at Woodmoor development at the southeast corner of Highway 105 and Knollwood Drive with project developer Dale Beggs and John Vallejos of builder Integrity Custom Homes of Colorado. The builder plans to decrease the proposed number of homes from 80 to 72, all detached.

Director Rich Landreth reported that the town’s portion of the Jackson Creek Parkway drainage project north of Higby Road is complete. Work by contractors for Lewis-Palmer School District 38 and the YMCA continues, with the addition of turn lanes and curbs.

The Komatsu wheel loader purchased by the town has been delivered.

The staff is installing truck route signs throughout town. Second Street is a designated truck route.

The staff will have to replace the control system for well 8.

Brian Rigaud transferred from the streets staff to water, and the latter is now fully staffed.

Cathy Green distributed copies of the language of the November ballot question seeking voter approval for the town to again retain and spend all tax revenues in excess of TABOR limits for another four years. The ballot initiative will be voted on by mail. Three similar four-year TABOR waivers have been approved. The amount to be retained by the town is estimated to be between $100,000 and $300,000.

Green also passed out copies of an article by Brad Segal and Jamie Lico on progressive urban management titled "Top 10 Global Trends Affecting Downtowns and How to Respond at Home."

Green proposed four tentative dates in 2008 for quarterly joint meetings between the boards and staffs of Monument and the Triview Metropolitan District. These are public sessions under the Colorado sunshine law and must be advertised once there is consensus on the individual meeting dates.

The meeting adjourned at 7 p.m.

The Monument Board of Trustees had a light agenda on Oct. 1. After the short business session, the board hosted an "open house" meeting regarding the November ballot question to renew the town’s long-standing waiver on excess tax revenues for another four years. If the question is approved, the town would be able to retain an estimated $100,000 to $300,000 in sales tax revenue in 2008 that would exceed the current limit on revenue growth in the Taxpayer Bill of Rights (TABOR) amendment to the Colorado constitution. One citizen commented on the question — Jackson Creek resident Steve Meyer spoke in favor of passage.

Trustees Gail Drumm and Travis Easton were absent.

Public Works Director Rich Landreth briefed the board on a request from Squirrel Creek Energy LLC, in a "Cooperation Term Sheet" agreement, for the Pikes Peak Regional Water Authority to operate and maintain the company’s water system for a new electrical power plant to be constructed at a location south of Fountain that has not yet been determined. The company will dig a well field in Spruce Mountain Ranch in Douglas County, between Monument and Larkspur, and use water rights it has already purchased and closed on.

Landreth said that under the agreement, the town could use some of the company’s water from this well field as a first use. The town’s excess wastewater would replace the water drawn out of Monument Creek by the town, and the excess wastewater would be used in the power plant. The water authority’s support is required for Squirrel Creek Energy "to get their permits approved for the power plant." The plant will require 2,400 acre-feet of water annually.

Landreth said the Cooperation Term Sheet is not binding on the town or the water authority. The period of the proposed agreement is 40 years, but no costs have been incurred yet. Landreth added that the town would gain a benefit from its excess wastewater.

Landreth also reported that the authority’s water infrastructure planning study was a month behind schedule and will now be completed by Dec. 1 by all the engineers working for the member towns and water districts. The study is very important in establishing an accurate database for planning and choosing between joint alternatives for obtaining, storing, and using renewable water by authority members in the future when groundwater sources become less productive. He added that a possibility exists that the town would not be able to pump any of its excess effluent from the Tri-Lakes Wastewater Treatment Facility back upstream to be recycled and treated to become drinking water, an option proposed for all the water authority members.

Town water representative Betty Konarski discussed her attendance at a regional water conference sponsored by the El Paso County Water Authority on aquifer storage and recovery. This authority is doing a demonstration research project on the Black Squirrel basin. She said a state study shows that of all the aquifers in the Arkansas Valley those in the Black Squirrel basin have the best potential for successful recharging. The Pikes Peak Regional Water Authority is studying future use of the Black Squirrel basin to store any renewable water supplies it can obtain in the future. The stored water could be pumped at a later time from the Black Squirrel aquifers back to the various towns and districts of the Pikes Peak authority.

Konarski added that the Department of Natural Resources and Colorado Water Conservation Board will do a peer review of the study results to determine the policies that should be developed on aquifer storage and recovery.

Easement for Monument Lake access road approved

The board unanimously approved a temporary easement granted by property owner Delores Wilson for a small portion of her land that is part of the dirt road used to access Monument Lake from Mitchell Avenue just south of the Second Street intersection. A condition of the Wilson offer is a review every three years prior to renewal of the temporary easement, which relieves Wilson of legal liability for vehicles entering the town’s lakefront property. The town will continue to maintain the road, including the portion that belongs to Wilson. The board unanimously approved a payment of $10 for the easement and payment of all of Wilson’s costs for attorney’s fees and court costs.

The board unanimously approved three resolutions correcting typographical mistakes in the service plan documentation for the three special road improvement districts created to pay for main roads through the Promontory Pointe, Home Place Ranch, and Sanctuary Pointe developments. The phrase "Gallagher adjusted" was missing in the paragraphs on a maximum mill levy of 35 mills for each special district and the name of the town was not capitalized in a paragraph in each of the three plans.

The board unanimously approved the August financial report prepared by Treasurer Pamela Smith and payments over $5,000, including:

Town Manager Cathy Green gave a slide presentation to the trustees and audience on possible uses for the excess sales tax revenue that will be kept and spent if voters approve a TABOR waiver for 2008-11. The $100,000 to $300,000 expected for 2008 could be used only for projects for town parks, recreation, and senior services.

Green suggested using some of the revenues to upgrade the Lewis-Palmer School District 38 fields adjacent to Grace Best Elementary School and the "school bus barn" with artificial turf. Town Hall is becoming too small for senior lunches and some funds could be used to help with programs at D-38 schools. She also noted that other important capital improvement projects such as stormwater master plan improvements on Third Street will place heavy demands on available revenues in 2008. Approval of the TABOR waiver would ensure funding is available for these three types of programs to meet requests from concerned citizens.

The meeting adjourned at 7:03 p.m.

**********

The next meeting is at 6:30 p.m. on Oct. 15 at Town Hall, 166 Second St. Meetings are normally held on the first and third Monday of the month. Information: 884-8017.

Below: Photo of Palmer Lake by Jim Kendrick.

In a special meeting Aug. 16 the Palmer Lake Town Council voted 6 to 1 to open a valve to a pipeline from Monument Creek to Palmer Lake. Against the guidance of city water attorney, Ronni Sperling, Palmer Lake took action to "Awake the Lake." The water meter was ordered, and as soon as it arrived flow tests were to begin.

But on Aug. 23, Mayor Max Parker received a letter from Colorado Division of Water Resources Engineer Steve Witte. Witte, of the state’s Water Division 2 in Pueblo, notified Palmer Lake that the state did not support the decision to begin flow from Monument Creek. Council members later admitted to voting with their emotions. Now that plan has been put on hold. Trustee Richard Allen told Awake the Lake Committee member Jeff Hulsmann, "I am gun-shy. Do you know any hidden mineshafts?"

But now there is a new plan: Palmer Lake will buy 10 to 20 acre-feet of water from the Woodmoor Water and Sanitation District at $40 per acre-foot. Mayor Parker was able to secure this deal.

A second part of the plan is to use the water exchange credits from Woodmoor Water and Sanitation to fill the lake. Town Attorney Larry Gaddis reminded the trustees and the Awake the Lake Committee that they need to "make sure that they are ‘our credits’ and not the sanitation district’s. If there are water restrictions in the future, it will look as if we filled the lake at the cost of our drinking water."

In other action, GNR Communications filed for a business license request. The business, operated by Gary and Ruth Anne Rohrbach, will provide DirecTV with 100 channels of HDTV. The building will have a showroom and will provide consulting services.

Owners of Lot 2, Block 9, of Elephant Rock Acres, filing No. 3, better known as 825 Circle Road, requested a minor subdivision. Currently, a single-family home is located on the east side of the lot. Judy Newton of Masterworks LLC spoke on behalf of the owners, Cedar County Investments and Forest Charles, asking for the lot to be divided into three lots. Newton argued that several of the surrounding lots have been subdivided and the owner is not requesting any variances.

Trustee Susan Miner was not in favor of dividing the land into three lots and suggested only two lots. Trustee Gary Coleman was concerned that a notice sign was not posted to alert people to the Town Council meeting. Newton assured Coleman that the sign was posted previously and she was unaware it was not currently posted. The trustees asked that Newton come back to the regular October council meeting after the proper paperwork is filed with Town Clerk Della Gray. Trustees also voted 5 to 2 to ask that Newton present an option of subdividing the lot into two parcels. Trustee Trish Flake and Bryan Jack voted no.

The council directed the town attorney to look into the business license of the towing company. There was concern that vehicles were being sold on the property, without the proper business license to do so. Council members were unsure whether the vehicles belonged to the towing company or other local residents.

**********

The next regular council meeting will be held at 7 p.m. on Thursday, Oct. 11, at Town Hall, 42 Valley Crescent. Workshops are normally held on the first Thursday of the month. Regular meetings are normally held on the second Thursday of the month. Information: 481-2953.

A "substantially different" intergovernmental agreement (IGA) proposal has improved the possibility for dialogue about a merger between the Academy and Donala Water and Sanitation districts. However, although Donala’s new version of the IGA was dated Aug. 28, not every Academy board member, or the district’s lawyer, had received copies of it, so not everyone was familiar with the details.

"There are figures that Donala has come up with as to what our costs would be," board President Richard DuPont said. It is estimated that the cost to Academy would be $800,000: $400,000 to help build a new lift station and put in the pipeline to hook in to their system; $200,000 to connect Donala’s water system to Academy’s; and $200,000 for retiring the current wastewater plant, which would include filling in the existing lagoons and pulling out the equipment there.

Donala’s portion for building the new lift station, which would service both entities, would be close to $600,000. The station would service 196 Academy district homes and 300 Donala homes.

The IGA notes that upon agreement by the Academy board, an election of Academy district residents would be held in May, with implementation (if approved) on July 1 at the earliest.

Operator Jerry Jacobson is still researching ammonia-removal systems operated by other districts. One in particular is a sequencing batch reactor run by another private water and sanitation district in El Paso County. He estimated it would cost about $500,000 to put a similar system in place. He is awaiting permission to get a sample from that system and have it tested to see how effectively ammonia is being removed.

"It’s very possible that we could treat our wastewater to effectively remove ammonia for about a half-a-million-dollar upgrade, without significantly increasing our operating costs," Jacobson said. "But I would add that ammonia removal isn’t the end of the road."

Operation and maintenance costs run as high as $10,000, he said. Another thing to consider is the fact that since Donala recently drilled a new well at Fox Run Park, any future well that Academy would want to drill would have to be done half a mile south, on residential property. "Before, we would have drilled the well next to our plant," Jacobson said. That can’t be done now, and "not many areas are suited for wells," he said. So any future well drilling would involve significant costs.

Director Ronald Curry requested that once Jacobson gets the test results back on the samples, the board get an engineering report on the cost estimates for putting in a batch system, before voting on whether to pursue it or to go with Donala.

The board decided to hold a special meeting Sept. 27 to discuss the IGA and the 2008 budget, which is complicated by the various uncertainties.

Academy Water and Sanitation District Special Meeting, September 27:  Board wonders where merger money will come from

Board members spent around two hours hashing out some of the realities and complexities of the proposed intergovernmental agreement (IGA) submitted by the Donala Water and Sanitation District, which would absorb the operations of the Academy district. This revised IGA, received in early September, gave more specifics about how much it would cost Academy to join Donala. This was the first time the board had seen these numbers, and the amount had not been anticipated. Discussion centered on figuring out how the district would be able to satisfy Donala’s requests.

Issues include:

1. Donala has estimated it would cost Academy $800,000 for infrastructure improvements: first, $200,000 to connect the two water systems; then $400,000 for Academy’s share of building a wastewater lift station; and, in a few years, $200,000 for dismantling Academy’s current wastewater plant. Considering this money is over and above Academy’s current budget, "I don’t understand how we can come up with that kind of money," said Operator Jerry Jacobson.
   
   In addition, Academy still has a bond to pay off. Once the IGA takes effect, the Academy board must stay operational in order to administer the bond payoff, which comes from all but 4 mills of Academy’s current mill levy.

2. To get a portion of the money for Donala’s requested payment, the board had initially budgeted $200,000 for 2008. However, the district’s attorney, Paul Murphy, reminded the directors that such spending "would trigger TABOR (the Taxpayers’ Bill of Rights Amendment)" because the 2008 budget would differ substantially from the 2007 budget. Even if the sum were taken out of the Enterprise Fund, which has enough money to cover the initial $200,000, voters would still have to approve this spending increase.
   
   So, in order for the district to free up the money needed to pay Donala, a TABOR election would need to be held in May.

3. Donala has insisted on being the water supplier as well as the wastewater supplier. Yet, "We have a water system that works fine," said Jacobson. "Why spend $200,000 to connect to Donala’s water system?"
   
   He pointed, however, to the advantages of going with Donala. "We’d tap into a larger resource, a larger customer base to spread out the costs. We’d get rid of our obligation of treating our wastewater (per the changing governmental standards)." What Donala gets from this, he said, is the ability "to build a lift station on our site" and potentially have a new well site in the Academy district. "So we have interest and so does Donala."

4. Murphy said he has a running list of the costs that the IGA will impose upon Academy: election costs, audit costs, bond administration costs, board payments, insurance costs, surety costs, publication costs, water rights (which Academy would be responsible for protecting), accounting costs, legal costs, bank fees — "ongoing stuff through 2014," the year Academy’s bond would be paid off, freeing the district to merge with Donala. Considering Academy would have no other income during that time to pay these fees, he recommended the IGA have Donala