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Our Community News
Vol. 7 No. 9 - September 1, 2007

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 Contents:

Iron Horse visits Tri-Lakes
Tri-Lakes Monument Fire Rescue Authority, August 22: Woodmoor/Monument residents to vote on fire district merger Oct. 2
Woodmoor/Monument Fire Protection District, August 22: Board approves questions
Donald Wescott Fire Protection District celebrates 25 years
Lewis-Palmer District 38 School Board Meeting, August 16: Board approves ballot measure for $3 million mill levy override
Woodmoor Water and Sanitation District Board of Directors Meeting, August 9: Dam repairs on schedule
Donala Water and Sanitation District Board of Directors Meeting, August 15: Donala wins water plant of the year award
Academy Water and Sanitation District Board of Directors, August 16: District still exploring options to merger with Donala
Forest View Acres Water District Board of Directors, August 23: District’s administration and operation contracts terminated
Protect Our Wells Meeting, August 27: Well owners urged to form observation well network
Monument Board of Trustees Meeting, August 20: Numerous downtown and Jackson Creek land use applications discussed
Monument Planning Commission, Aug. 8: Hull Subdivision rezoning, plat approved
Palmer Lake Town Council Meeting, August 9: Two new trustees sworn-in
Palmer Lake Town Council Special Meeting, August 16: Council passes resolution to start filling lake
El Paso County Planning Commission, August 23: Discussion of Hodgen Road improvements to continue
Woodmoor Improvement Association Board of Directors, August 27: Resident questions need for Public Safety Department
Top women golfers come to Woodmoor
New Tri-Lakes Cares building is dedicated
St. Peter’s brings community together at festival
Chili Cook-off raises $1,900 for Tri-Lakes Cares
Tri-Lakes Chamber of Commerce hosts 2nd Annual Leadership Conference
August Weather Wrap
Letters to Our Community
Forest View homeowner says contractor violated rights
Thanks for donations to soldiers
Officials support fire district merger
Vote to approve fire district merger
Fire authority president urges yes vote on merger
Between The Covers at the Covered Treasures Bookstore: Turn a page to a better education
Palmer Lake Historical Society, August 16: The Palmer Lake Chautauqua: A people’s university
Bird Watch on the Palmer Divide: Western Grebe
Art Matters: Hoving’s gift and ‘the Artful Tommy’
Snapshots of Our Community
Special Events and Notices
Slash and mulch site open until Sept. 16
Sonora Chamber Ensemble at TLCA, Sept. 9
Brad Bietry Jazz Group at TLCA, Sept. 15
Business Expo, Sept. 18
Women’s clubs resume monthly luncheons, Sept. 21
"The Event to Attend" Wine and Roses 2007, Oct. 19
Jalan Crossland concert at TLCA, Oct. 6
Rocky Mountain Music Alliance Concert Series begins Oct. 6
Empty Bowl Dinner, Oct. 10
Youth handbell ringers needed
Library needs volunteer tutors
IRS starts free e-newsletter for small businesses
Help for gardeners at Monument Library
The Library Channel
Senior Safety Program
County now accepting batteries and electronics at waste facility
Wildlife Masters in El Paso County

the PDF file. This is a 16.2 Mbyte file and will take about 94 minutes to download at 28.8. To view and print the file, you will need to download and install the free Acrobat Reader Program.

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Iron Horse visits Tri-Lakes

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Below: Nineteenth Century technology visits Twenty-First Century Tri-Lakes as the 63 year old Union Pacific Iron Horse 844 travels southbound past Ben Lomand Mountain in Palmer Lake. The steam locomotive made a 237 mile round trip from Denver, Saturday, August 25, carrying passengers to the Colorado State Fair in Pueblo. Photo by Mike Wicklund.

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Tri-Lakes Monument Fire Rescue Authority, August 22: Woodmoor/Monument residents to vote on fire district merger Oct. 2

By John Heiser

At the October 2 election, residents in the Woodmoor/Monument Fire Protection District will decided if their district is to be merged into the Tri-Lakes Fire Protection District.

If a majority of voters approve the dissolution of the Woodmoor/Monument district and inclusion into the Tri-Lakes district, only an affirmative vote of the Tri-Lakes board is required, a vote of the residents of the Tri-Lakes district is not required. If the merger is completed, the boards have agreed to rename the combined entity the Tri-Lakes Monument Fire Protection District. If approved, the merger is expected to be completed January 1, 2008.

At the August 22 meeting of the Tri-Lakes-Monument Fire Rescue Authority Board of Directors, it was determined that the polling place for the election will be the Woodmoor/Monument fire station at 1855 Woodmoor Drive.

Tri-Lakes district board member Rick Barnes and Woodmoor/Monument board member Bob Hansen were absent.

Charlie Pocock, president of the Tri-Lakes district and the authority, announced that Hansen has resigned because he has moved to the King’s Deer development and so is no longer a resident of the Woodmoor/Monument district.

Regarding Hansen’s service on the Woodmoor/Monument board, John Hildebrandt, treasurer of the Tri-Lakes district and the fire authority, said, "I compliment Bob for stepping up at a time of turmoil in both districts."

Director Si Sibell added, "We wouldn’t have accomplished what we have without Bob."

Financial Report

Hildebrandt said the authority has received 97 percent of expected property tax revenue anticipated for the year.

As of July 31, ambulance revenues were $284,078, which is 76 percent of the $375,000 projected for the year. Hildebrandt added that he is projecting that ambulance revenues will reach $450,000 or more for the year.

Specific ownership taxes of $205,877 lagged at 54 percent of the budgeted amount for the year. At the end of July, revenue and expenditures would be expected to have reached 58.3 percent (seven twelfths) of the yearly amounts.

As of July 31, total revenue stood at $3.3 million or 83.1 percent of the anticipated $3.9 million for the year.

Total expenses stood at $2.2 million, 55.9 percent of the budgeted total for the year. Hildebrandt noted that virtually all of the expense categories are at or below budget.

Chief Robert Denboske noted that they are continuing to have difficulties collecting some of the impact fees on new developments. The fee is $700 per dwelling unit or $700 for each 2,000 square feet of commercial or industrial space. He said he is working with the regional building department and the school district to collect those fees.

Authority retains Bondi & Co. for 2007 audit

The board unanimously approved retaining Bondi & Co. to prepare the audit of the authority’s 2007 financial statements. Bondi just completed the authority’s 2006 audit.

Authority personnel encouraged to prepare wills

Donna Jack of Pre-Paid Legal Services presented a proposal to have the authority pay for one month of legal services so all personnel would have the opportunity to prepare a will. Jack noted that of the 21 employees who have signed on with Pre-Paid Legal Services, so far only 6 or 7 have prepared a will. She said that parallels national statistics that 70-80 percent of people do not have a will.

The board unanimously approved paying the $15.95 per month fee for one month for all authority personnel to encourage them to prepare wills.

Authority applies for a second SAFER grant

In 2005, the authority won a U.S. Department of Homeland Security Staffing for Adequate Fire and Emergency Response (SAFER) grant totaling $700,000 over five years to assist in covering the cost of hiring seven additional paid staff.

Denboske asked the authority board to approve submission of another grant application asking for $737,000 over five years to hire additional paid staff. Denboske said that if the grant is awarded, the district’s matching contribution over five years would be $944,000.

He added that with the projected growth within the district, the anticipated increase in property tax revenues will cover the additional costs to the district.

The board unanimously approved submission of the grant application.

**********

The Tri-Lakes-Monument Fire Rescue Authority board normally meets the fourth Wednesday of each month. The next meeting will be held September 26 at Tri-Lakes district Station 1, 18650 Highway 105 (near the bowling alley).

For more information, call Chief Denboske at 481-2312 or visit www.tri-lakesfire.com.

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Woodmoor/Monument Fire Protection District, August 22: Board approves questions

By John Heiser

On August 22, the Woodmoor-Monument Fire Protection District board met following the meeting of the Tri-Lakes-Monument Fire Rescue Authority. Directors Bill Ingram, Tim Miller, Si Sibell, and Rod Wilson were present. Bob Hansen was absent. Ingram presided.

The Woodmoor/Monument board unanimously approved the following two ballot measures to be submitted to the voters Oct. 2 to merge the Woodmoor-Monument district into the Tri-Lakes Fire Protection District:

"Question 1:

Shall the Woodmoor/Monument Fire Protection District be dissolved conditioned upon simultaneous voter approval to include the real property currently within the Woodmoor/Monument Fire Protection District into the boundaries of the Tri-Lakes Fire Protection District?

For dissolution____
Against dissolution____"

 

"Question 2:

Shall the following described area become a part of the Tri-Lakes Fire Protection District upon the following conditions, if any?

All real property currently located within the boundaries and service area of the Woodmoor/Monument Fire Protection District conditioned upon simultaneous voter approval to dissolve the Woodmoor/Monument Fire Protection District.

For inclusion_____
Against inclusion____"

A majority of voters must approve both questions for the merger to be approved.

Hansen’s resignation

The board also voted unanimously to accept Bob Hansen’s resignation from the board and directed Chief Robert Denboske to advertise the vacancy. Hansen no longer lives within the Woodmoor/Monument district.

Director Rod Wilson, district secretary, was appointed to succeed Hansen as treasurer for the district.

*********

The Woodmoor-Monument Fire Protection District board usually meets the fourth Wednesday of each month at 7 p.m. The next meeting will be held September 26 at Tri-Lakes district Station 1, 18650 Highway 105 (near the bowling alley).

For more information, call Chief Denboske at 481-2312 or visit www.tri-lakesfire.com.

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Donald Wescott Fire Protection District celebrates 25 years

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Below: . The Donald Wescott Fire Protection District celebrates its 25th Anniversary, August 5. Photo by Jim Kendrick

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Lewis-Palmer District 38 School Board Meeting, August 16: Board approves ballot measure for $3 million mill levy override

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Below: Lewis-Palmer District 38 School Board August 16. Left to right: Board members Gail Wilson, Dee Dee Eaton, Stephen Plank, LouAnn Deklvea, and Jes Raintree, Superintendent Ray Blanch, Secretary to the Superintendent Joanne Jensen.

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By John Heiser

At the Lewis-Palmer District 38 School Board workshop August 16, the board unanimously approved the following question for the November 6 ballot:

"Shall Lewis-Palmer consolidated school district No. 38 taxes be increased $3,000,000 annually (the maximum amount which may be collected in any year above 2007 tax collections) for the purposes of providing:

• Compensation to teachers employed by the district (only licensed instructional staff) and

• Operational funds for the second high school (Palmer Ridge High School)

And shall the revenues from such taxes and any earnings from the investment of such revenues constitute a voter approved revenue change and exception to the limits which would otherwise apply under Article X, Section 20 of the Colorado Constitution or any other law?"

The resolution passed by the board authorizing the ballot measure said in part, "It is the current intent of the board that any revenues collected pursuant to this authorization will be under the review of a facilities and enrollment committee, which will report on the expenditure of these funds annually at the Board meeting held in January of each year."

The board also unanimously approved a ballot measure submitted by the Monument Academy asking voters for a tax increase not to exceed one mill ($418,237 in the 2008 tax collection year) for up to 10 years for the charter school’s capital construction needs.

Board president Jes Raintree and board members LouAnn Dekleva, Dee Dee Eaton, Stephen Plank, and Gail Wilson were all present for the meeting.

Upcoming election will fill three board seats

Three board seats - director districts 2, 4, and 5, occupied by Dekleva, Raintree, and Plank respectively - are up for election in November.

Raintree has announced that she will not seek reelection. Dekleva and Plank are seeking reelection.

Citizen comments

During citizen comments, parent Ilanit Bennaim requested that agenda items for special education issues be included on committees making decisions regarding curriculum, adequate yearly progress, and accountability and that the school board agendas include a special education item. Parent Deborah Goth commended the district and Hal Garland, director of auxiliary services, for the improved traffic flow at Lewis-Palmer High School (LPHS) and Lewis-Palmer Middle School on this year’s first day of school. She also stated her disappointment and concerns regarding board members’ continuing public power struggles.

Students do well on tests

Dr. Marie Revak, director of assessment, reviewed District 38 Colorado Student Assessment Program (CSAP) scores compared with Colorado averages. The district exceeds the state in Proficient and Advanced categories by 21 percent at the elementary level; 24 percent at the middle school level; and 21 percent at the high school level. One of the district all-time high scores is Fifth Grade Math with 56 percent of the students scoring Advanced. Revak also reviewed American College Test and Advanced Placement scores. Revak will provide a more detailed report of student achievement in the fall.

High school construction project update

Jeff Chamberlin of RLH Engineering noted that the $43.9 million guaranteed maximum price approved last month for the construction of Palmer Ridge High School (PRHS) construction budget could change due to changes in scope or unforeseen conditions such as subterranean rock. Chamberlin reviewed this month’s progress at the high school construction sites. Some highlights:

Of the $65.1 million in bond proceeds, $6.7 million in invoices have been paid, $1.9 million in invoices have been processed, and $46.7 million has been committed on current contracts leaving $9.8 million yet to be committed.
The geothermal field consists of approximately 214 wells, each about 400 feet deep. The field will provide all heating and cooling for PRHS and is sized to handle the present structures and the additional 66,000 square feet planned for phase 2.
Underground electrical conduits are being installed. Using underground conduits will reduce conflicts with overhead structures, ductwork, and plumbing.
Site grading is 90 percent complete.
Foundations and footings in the first two buildings are 90 percent complete and on average 7-8 concrete wall panels are being erected per day.
At the LPHS stadium project, the track subgrade has been prepared for surfacing, grading for the landscaping surrounding the track is completed, the artificial turf base has been installed, concessions, restrooms, and the press box are nearing completion with drywall ceilings, painting, and installation of fixtures remaining to be completed. The stadium project is scheduled for substantial completion by September 13 with early completion of the bleachers, track, artificial turf, and lights as needed to host the season opener football game August 31.
Work is continuing with the contractor on the Jackson Creek Parkway improvements but recent thunderstorms have added to problems with silting and erosion. The drainage issues are being worked cooperatively with the Town of Monument and the El Paso County Department of Transportation.

The board unanimously approved payment of Woodmoor Water and Sanitation District tap fees totaling $247,120 for PRHS and LPHS.

Proposed housing project raises concerns

The board directed the superintendent to discuss with the Town of Monument the impact of rezoning land for The Meadows proposed subdivision. The project proposes 891 dwelling units on 750 acres just west of I-25 between Second Street and Baptist Road. The land is currently zoned commercial and industrial. Cheryl Wangeman, the district’s chief operations officer, said that if this subdivision were approved, it would contribute an additional 500-600 students. She recommended that the school district request land from the developer for a future school site. Plank said that the rezoning would create an additional burden on the district, hurt taxpayers, and hurt the district’s bonding capacity. He added, "This is a huge impact."

Other matters

Technology Department employees commended - Chris Mack, Daniel Aubain, Jimmy Mathis, Ed Waltman, Ryan Gillis and Lisa Herman were commended by Steve Endicott, director of informational services, for their expertise and efficiencies in handling special projects, such as the new telephone system and wide area network, in addition to the regular tasks required to prepare schools for the new school year.
District Accountability Advisory Committee (DAAC) charge for 2007-08 approved – In a split vote (Eaton, Plank, and Wilson in favor, Dekleva and Raintree opposed) the board approved an amended DAAC charge with two components, a district/staff charge and a Board of Education charge. A point of contention was whether the DAAC should monitor the board’s performance relative to its stated policies. Plank said that component could be added if policy governance is approved.
Board/Superintendent goals for 2007-08 tabled – After some discussion, the board voted (Dekleva, Eaton, Plank, and Wilson in favor, Raintree opposed) to table approval of goals until next month.
Policy Manual work session scheduled – On another split vote (Eaton, Plank, and Wilson in favor, Dekleva and Raintree opposed), the board decided to postpone approval of revised sections A, B, C, and D of the policy manual and instead scheduled a work session for September 6, 5:30 p.m., to discuss those sections.
Colorado Association of School Boards (CASB) Early Childhood Education (ECE) Task Force resolutions adopted – The board unanimously voted to support two resolutions of the CASB ECE Task Force to improve the quality of early education programs and support specific professional development for developmentally appropriate activities. The board expressed the importance of maintaining local control at this level.
Board member committee liaison assignments made – DAAC: The board liaison to the DAAC will change every two years, coinciding with the board’s charge to DAAC in August. Eaton will be the board’s liaison to DAAC for the next two years. Special Education Advisory Committee (SEAC): Although not official liaisons, Plank and Dekleva will attend the SEAC meeting September 12. Audit Committee: The board treasurer chairs the Audit Committee. The director for this committee will change in July of even-numbered years. Plank will continue to serve in this capacity until next July. The Facilities and Enrollment Committee: This committee no longer requires a board liaison. Wangeman will update the board on this committee as needed.
Board spokesperson to be decided case by case – On another split vote (Eaton, Plank, and Wilson in favor, Dekleva and Raintree opposed), the board decided that for the next two years, whenever the board needs a spokesperson for an event, they will choose one of their members to serve in that role.
Board member comments –Wilson expressed her gratitude for the good start to the school year. Eaton said she found the PRHS site tour amazing. Plank stated the board and administration have a lot of work to do in moving students and programs as part of the high school project. Dekleva said she felt privileged to hear the new state Commissioner of Education, Dwight Jones, speak earlier this week and stated he is a great leader for Colorado. Raintree noted that the board continues to work toward becoming a true governance board.
Superintendent’s Update – Dr. Ray Blanch announced conversations will continue with educational summits and coffee house visits. He updated the board on an emergency resolution to repeated flooding at the Palmer Lake Elementary School (PLES) preschool facility. He said the building was considered a temporary building 25 years ago. He noted that the staff concluded that the building was not a safe and healthy environment for children. He said an alternative site is being prepared for the PLES preschool program to begin after Labor Day. Blanch thanked the staff for pulling together to solve this situation.

At the conclusion of the public meeting, the board went into executive session to discuss a personnel matter.

**********

The Lewis-Palmer School District 38 Board of Education normally meets on the third Thursday of each month at the Learning Center in the Lewis-Palmer Administration Building, 2nd and Jefferson. The next meeting is 7 p.m., September 20.

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

The Monument Academy Web site is at www.monumentacademy.net.

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Woodmoor Water and Sanitation District Board of Directors Meeting, August 9: Dam repairs on schedule

By Elizabeth Hacker

The Woodmoor Water and Sanitation Board of Directors were told at the Aug. 9 meeting that Lake Woodmoor Dam repair plans were on schedule.

District manager Phil Steininger reported that contractor Layne Western was taking soil sampling on the Lake Woodmoor Dam. He passed out a draft of a letter that was to be sent to lake-area customers explaining that the lake would be drained for repairs on the outlet drain pipe and valve at the dam.

The board asked if he had received any calls from people living around the lake, to which Steininger replied that there had been some calls regarding misinformation, as residents had heard that Lake Woodmoor would be left empty. He said he told the residents the lake would be refilled after repairs were made but because the lake is functioning as a water reservoir, the level would continually fluctuate.

Following a brief discussion regarding the possible liability of people walking on ice as water levels are lowered and the aesthetic aspects of the lake fluctuation, the board suggested changes be added to the letter and that it be mailed with the September water bills. Steininger said that he would bring the revised letter to the board next month.

Removing and restocking fish

Steininger reported that he had contacted the Colorado Department of Fish and Wildlife and initially had been told that it wouldn’t help with removing the fish in the lake before it was drained. A few weeks later, the department told him it had a place to move the fish and offered to relocate them. The department also suggested holding a fishing derby. Steininger added that when the lake was refilled, fish should be replaced because they help to maintain good water quality by reducing algae and controlling the mosquito population. He added that Fish and Wildlife would work with the district on removing the fish but would not restock it, so he had contacted a private consultant for advice and a proposal for restocking.

County contractor paves over manholes and valve boxes

Operations manager Randy Gillette reported that El Paso County was currently overlaying roads in the district and covering the district’s manholes and valve boxes, which was a problem for the maintenance and repair of its sewer lines. He noted that he called the county’s road division but never was able to connect with anyone before the contract was finalized. He said that once he did talk to someone, he was told that the cost for the county’s contractor to install the rings provided by the district as an add-on would be $200 per manhole and $100 per valve box. Those costs would be too high, Gillette said, especially considering that it would have cost much less if it had been included in the initial contract.

Gillette said that because the new surface will overlay the district’s manholes, the maintenance crew will have to locate all of them, dig up the pavement around the manholes and valve boxes, install the rings, and then patch around them, which creates big dips in the road surface that irritate residents. He said this all could have been avoided if the county had alerted the district.

The board expressed concern that the county did not coordinate with the district and that because the rings would not be installed at the time the pavement is laid, district residents would have to bear the cost of installing the rings and deal with dips in roads that have been resurfaced at taxpayers’ expense. Steininger said district staff would try to get the best results for customers in the area.

Golf club water agreement needed

District engineer Jessie Shaffer reported that an agreement was needed for the district to provide augmentation water to Woodmoor Pines Golf and Country Club so that it could store run-off water in the golf course ponds. He said that currently the district’s water attorney and the club’s attorney are working on an agreement. The board asked Shaffer how inflow from runoff was measured, and Shaffer said they were working on a system to meter it. The information obtained from a flow monitoring device would be coordinated with weather station information located at the fire station.

Well 20 update

Shaffer reported that work is moving forward on site development and the equipment contract. He noted that they had not received access approval from the county at Fairplay Drive but that they would continue to move forward with installing the piping to the south treatment plant and building the well house. RTW consultant Mike Rothberg added that they were working on a design for the well house.

Fire hydrant repair

Gillette reported that the district was continuing to check all of its fire hydrants. He noted that a few had to be replaced and several were repaired. He said that the district was fortunate to have two Boy Scouts, working on their Eagle badges, painting 130 fire hydrants. Gillette asked to be notified of any hydrants that needed painting.

Sewer line repair

Gillette reported that his crew continues to repair manholes and examine sewer lines. He said that Zone 1 should be completed this season, adding that the trunk lines had been completed and that they were now working on lateral lines. He said that the district is on schedule for its 5-year cleaning cycle for all the zones.

Lake provides half of water

Gillette said that the water being delivered to residents is currently a 50 percent blend of lake water and well water, adding that 700 gallons per minute were being pumped from the lake. Even with the recent rain, the lake was drawing down as expected, he said.

Front loader cuts time

Gillette said that the district had purchased a used GEHL all-wheel front loader from Ohio Cat and that it had helped to cut down the time it took to do repairs.

"Evolution of Water" presentation

Steininger reported that he and Shaffer had been asked to make presentations to the Woodmoor Improvement Association on Aug. 27 and to Sertoma on Oct. 6. They presented the slide show that they planned to present at the meetings. They reviewed the 24-year history of the district’s water use, showed current water demand, and projected future demand for water at build-out. Steininger explained how using surface water would one day be more cost-effective than ground water. The slide show also explained the Denver Basin hydrogeology and how it is being depleted along the Front Range. The board complimented Steininger and Shaffer on the presentation and suggested that it be made available on the district’s Web site for any residents who want to see it.

Personnel manual being updated

Steininger reported that the district is updating its personnel policies manual, which has been in effect since 1997, noting that there had been six resolutions that affect policies that had not been added to it. He and the rest of the staff have reviewed the policies, and attorney Erin Smith would complete the final draft. Steininger explained the proposed possible changes to the board, and the board said to proceed with updating the policy manual.

Executive session

The board went into executive session to confer with attorney Smith for legal advice on specific legal questions related to the Palmer Ridge High School non-potable water line and the Pikes Peak Regional Water Authority Water Infrastructure Planning Study. The executive session began at 2:32 p.m., and the board returned to regular session at 4 p.m. No actions were taken.

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Donala Water and Sanitation District Board of Directors Meeting, August 15: Donala wins water plant of the year award

By John Heiser

At the Donala Water and Sanitation District Board of Directors meeting August 15, Dana Duthie, general manager of the district, reported that the District’s Graham-Nance Water Treatment Plant (WTP), co-located with its office on Holbein Drive was selected for the Rocky Mountain Section of the American Water Works Association (RMSAWWA) Outstanding Water Treatment Plant Award for 2007. The Rocky Mountain section covers Colorado, Wyoming, and New Mexico. The citation reads in part, "The WTP staff was recommended for this award because of their commitment and dedication to providing safe water to their customers. The WTP has high marks from the State of Colorado during the latest inspection. In addition, the WTP has a strong commitment to safety and has had no lost days of work due to injuries." Superintendent Robert Hull and Chief Water Operator Mark Parker will receive the award at the RMSAWWA conference in Keystone, Colorado, September 10.

Board president Ed Houle and board members Dick Durham, Dennis Daugherty, Tim Murphy, and Dale Schendzielos were all present.

Questions arise regarding ET controllers water use

Duthie noted that the first ten evapotransporation (ET) controllers used about 20 to 25 percent more water during July than those customers used during June 2006, a comparable month in terms of precipitation. He said he is planning to do a longer-term analysis of ET controller water usage. He added that with 26 ET controllers currently installed and only a few weeks left in the irrigation season, he is recommending no more ET controller installations this year.

Duthie reiterated that the ET controllers are not intended as a conservation tool. They are designed to support optimum root structure for Kentucky bluegrass. He added that the controllers, which automate irrigation, are good for people who travel.

Irrigation rationing program update

Duthie said that 65 to 70 percent of residents are complying with the rationing program and are saving, on average, about 30 percent on their water use compared to June 2006. He cited an example of a resident who reduced their monthly water usage by 63 percent and another who reduced their usage by 75 percent.

He reported that the district has sent about 200 warning letters and about a dozen second warning letters. So far, no one has been fined.

Duthie said that there are some residential customers in the district who used more than 100,000 gallons during July. Almost 700 customers used more than 40,000 gallons each. He added that less than 1 percent of Donala’s customers use 10 percent of the water. Duthie said he intends to propose a rate increase for those who use more than 40,000 gallons per month.

At its meeting September 17, the board will discuss tap fees, water and sewer rates, and availability of service fees for next year. The district welcomes public comments.

Fixture and appliance rebate program recommended

Duthie distributed a summary of the Woodmoor Water and Sanitation District’s Summer Rebate program that pays residents rebates for installing low water use fixtures and appliances:

$10 for replacing a 4-gallon per minute showerhead with a 2.5-gallon per minute showerhead.
$25 for replacing a 3-5 gallon per flush toilet with a 1.6-gallon per flush toilet.
$75 for replacing a higher water use toilet with a toilet that uses no more than 1.28 gallons per flush.
$100 for replacing a 45-gallon per load washing machine with a 25-gallon per load washing machine.
$35 for purchasing an irrigation controller that sets multiple days and time limits to conserve water.
$25 for purchasing a rain sensor that overrides an irrigation system when there is precipitation.

Duthie said that over the past two years, the Woodmoor district has paid about $2,200 in rebates. He recommended that the Donala district adopt a similar program to encourage replacement of indoor fixtures and appliances.

Other matters

On September 27 and 28 at the DoubleTree Hotel in Colorado Springs, the El Paso County Water Authority is sponsoring a water forum on recharging alluvial aquifers. There is information posted at www.agwt.org.
On July 19, the Pikes Peak Regional Water Authority received a presentation from Aaron Million on his proposed Regional Watershed Supply Project to construct a pipeline from the Green River in northwestern Colorado across Interstate 80 to the Front Range and then south to Pueblo. The privately developed project would create 3.8 million acre-feet of storage in Flaming Gorge, include hydroelectric power generation, and pump 165,000 to 250,000 acre-feet of water per year through the proposed pipeline. An acre-foot is 326,851 gallons. Million estimated the project will take 3-5 years to complete and cost $2-$3 billion. Duthie noted that Million is optimistic and said that others characterize the project as a "pipe dream."
Construction of the wastewater treatment plant expansion is continuing. Duthie projected the start of influent in mid-December with delivery of sequencing batch reaction (SBR) equipment in January and SBR operation starting in late February.
August 7, the wastewater treatment plant spilled about 2,000 gallons of wastewater on the ground and into Jackson Creek. The spill resulted from operator error in restarting equipment after the plant suffered a lightning strike that damaged control systems. Duthie said that reports were filed, downstream users were notified, and visual inspection of the creek showed "no indication of any wastewater."
During recent heavy storms, the wastewater plant has at times received on the order of a million gallons per day of sediment. Duthie is working with the Triview district to find and fix the sources of the infiltration of stormwater and sediment into the sewers.
Trenching to install pipes continues to encounter TV cables and other infrastructure in unexpected places.
The board has scheduled a wastewater treatment plant tour for September 15, 10 a.m.

Following the public meeting, the board went into executive session to discuss personnel and water purchase issues.

**********

The Donala board will hold its next regular meeting on Monday, September 17 at 1:30 p.m. at the Donala office, 15850 Holbein Drive. Meetings are normally held on the third Wednesday of each month.

The district’s Web site is at www.donalawater.org.

The district’s September newsletter was used in the preparation of this article.

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Academy Water and Sanitation District Board of Directors, August 16: District still exploring options to merger with Donala

By Susan Hindman

Oct. 1 had been envisioned as the magic date for signing the draft of an intergovernmental agreement (IGA) between the Donala and Academy Water and Sanitation Districts, but little progress has been made to resolve Academy’s questions and concerns about numerous details. Since the last board meeting on July 26, Academy attorney Paul Murphy said he had sent a "summary of concerns" to Donala’s attorney but had not received any response.

The IGA is one avenue Academy could take to deal with impending new federal standards on treating ammonia in wastewater. "The ammonia only shows up in winter when the ponds freeze," said Richard DuPont, board president. But that’s enough to require the district, which serves 300 customers, to make expensive operations changes.

Academy would bring not only wastewater but drinking water to the negotiations, which board members acknowledged is likely more enticing to Donala. "We are only using a portion of the water rights we have," DuPont said.

Murphy discussed the problems with the two options of consolidation/merger and inclusion. "You have to have a mechanism to get the districts together in some fashion," he said. The IGA between the two districts would remain in effect until Academy’s bond debt is paid off in 2014.

At that point, one of two things would happen: inclusion or merger/consolidation. The problem with inclusion is that it would only happen if every property owner in Academy’s district petitioned to be included. In addition, the Donala board would vote on whether or not to include Academy. The IGA would be an inclusion.

Merger/consolidation would involve a vote of the public. Both options leave Academy at risk of being cut off at the end of the IGA period.

Murphy cautioned that the board also needs to look at other state or federal clean water acts that might be coming up. "It’s always going to be something," district operator Jerry Jacobson responded. "And every time will require further refining of our treatment process."

DuPont said, "We need expert help. We need to go out and look and ask and communicate with people in the business."

Jacobson says he is doing that. He is continuing to pursue several leads on ammonia removal systems.

Another looming issue is the $22,000 it will cost Academy for its 2008 membership in the Pikes Peak Regional Water Authority. Current dues are much lower than that. The membership fee would be coupled with additional costs that all districts would split for various expenses that come up over the year. At this point, Academy had only budgeted $12,000 for dues for 2008. Academy could opt not to rejoin when membership expires in December. But, Jacobson cautioned, "If we don’t rejoin, we’re on our own."

Fees and rates

DuPont noted that the auditor reported the district has been running "right on the edge, at a loss," and that "she’s noticed this for three years." Treasurer Walter Reiss said that part of the problem was the substantial fees generated by the lawyer handling the water augmentation plan, which took several years and is now paid in full. For every gallon of water taken out of the aquifers, a percentage of it has to be replaced in some fashion. This is augmentation, and a plan is a necessary component of that.

This led to discussion about a possible change in water rates. "About 10 or 11 years ago, we reduced our service charges," DuPont said. "We have now gone through more than 10 years of operation and not increased our fees. Maybe it’s time to reinstitute it. Or increase the water rate itself."

The service fee was $10 higher at that time. Water rates now are set on a graduated plan, by use: $4 per 1,000 gallons up to 8,000 gallons; $6 per 1,000 up to 12,000 gallons; and $10 per 1,000 over 12,000 gallons. "We don’t have many 10,000-gallon people," DuPont said.

He said that Jacobson has a list of maintenance items that eventually have to be taken care of and that can’t be done without more fees being generated.

Any rate increase would trigger a TABOR reaction, said Murphy, because even though the money would be used for operations, it’s considered a spending issue.

"We have worked at reducing costs," Jacobson said, "but at some point we reach a baseline where we can’t reduce anymore. We may have reached it."

As directors review needs and costs for the 2008 budget, which must be submitted in November, the issue will come up again, so no decisions were made.

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The Academy board usually meets on the first Wednesday of the month. The next meeting will be Sept. 5 at 7 p.m. at the Wescott fire station on Sun Hills Drive.

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Forest View Acres Water District Board of Directors, August 23: District’s administration and operation contracts terminated

By John Heiser

At the August 23 meeting of the Board of Directors of the Forest View Acres Water District, it was announced that Special District Management Services, Inc. (SDMS), which has been performing administrative services for the district, and Community Solutions, Inc. (CSI), which has been operating the district’s water system, have exercised the 90 day termination clauses in their contracts. The terminations will be effective November 15. Deborah McCoy, President of SDMS, is a part owner of CSI. No reason was given for the termination.

The district’s board consists of president Rich Crocker and directors Ann Bevis, Chris Monsen, Barbara Reed-Polatty, and Eckehart Zimmermann. All board members were present except Reed-Polatty.

Lisa Johnson, SDMS district manager, served as secretary at the meeting.

Mike Bacon of CSI is the district’s contract operations manager.

District background

The district’s water supply consists of a surface water plant and two wells, one in the Arapahoe aquifer and one in the Dawson aquifer. Only the Arapahoe well is currently being used.

The water is treated with chlorine, pumped through 750 feet of 6-inch water line, and stored in a 250,000-gallon steel storage tank. The water is then distributed through 36,000 feet of distribution lines that vary from one inch to eight inches in diameter.

ASCG, Inc., the district’s former engineering firm, determined that the water treatment facilities are in good condition, the water tank is in fair condition, and the distribution system is in fair to poor condition. ASCG prepared a list of proposed improvements. (For the detailed cost breakdown see OCN June 3, 2006 "Forest View Acres Water District, May 25: Board ponders financing $6.2 million for improvements" posted at www.ourcommunitynews.org/v6n6.htm#fvawd).

In November 2006, residents voted down a ballot measure that would have permitted the district to impose a property tax of up to 32 mills and issue bonds to pay for improvements to the system. At the same election, voters approved a ballot measure authorizing a property tax of up to 5 mills for administrative and operational expenses.

Operations report

The operations report for July showed that the district’s surface plant produced 1.6 million gallons, averaging 38 gallons per minute over 30 days. The district’s Arapahoe well averaged 101 gallons per minute over 12 days. The net monthly production was 1.7 million gallons.

Water sales for July totaled 2.5 million gallons.

The loss from the system during July was 792,692 gallons or 23.5 percent of net production.

The loss for the first seven months of the year totaled 4.7 million gallons or 31.4 percent of the net production of 15.2 million gallons.

Bacon noted that he added information to his monthly operations report showing the amount of water purchased from Palmer Lake. That total so far this year is 249,000 gallons, all of which was purchased in May.

Bacon said he is 99 percent complete in locating the remaining valves in the system. Bacon noted that many of the valves are under the asphalt roadways and buried 6-8 inches. Recent roadwork has buried some of the valves he previously located.

He said he will complete rerouting the chlorine feed line prior to contract termination November 15.

Fire hydrant update

Bacon reported that a Tri-Lakes Fire Protection District representative said the water district could paint the hydrants any color they want as long as the caps reflect the measured flow available at the hydrant. Initially, the caps should be painted red indicating that no flow test has been done. Bacon said the fire district has flow measurement equipment. Bacon added that he was told the fire district would be willing to share in the cost for flags to increase visibility of the hydrants.

Crocker said that was a different story than he got from fire chief Robert Denboske. He said he would follow up with the fire district.

Other matters

The board unanimously approved payment of bills totaling $43,901.
Solicitation for a new engineering firm yielded four proposals. The board members expressed their ranking of the four firms but a decision was tabled until Reed-Polatty could present her views.
The board unanimously approved purchase of seven 50-foot segments of fire hose for emergency connection to the Palmer Lake water system.
The board approved activation of the district’s Web site at www.fvawd.com.
Resident Jeff Dull requested access to minutes, financial records, and operations reports from January 2004 to present. Johnson said she would prepare an estimate of the cost for the time to locate the records and make copies.
Resident Susan Gates reported that when she attended an August 3 workshop at SDMS, McCoy told her she was not welcome in SDMS offices. When asked by Gates whether she should leave, Bevis recalled saying, "It’s probably a good idea." Gates left the meeting. Gates asked what was discussed after she left. Crocker said they reviewed the expenses relative to the budget. He added that a big issue was the pipe failure in May and the cost of the associated additional meetings and correspondence.

At the end of the meeting, the board held an executive session on contract negotiations and legal matters.

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The regular board meetings are usually held on the fourth Thursday of each month. The next meeting is scheduled for September 27, 6:00 p.m. at Tri-Lakes district Station 1, 18650 Highway 105 (near the bowling alley). Those wishing to attend should check the date, time, and location by calling the SDMS at (800) 741-3254 or 488-2110.

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Protect Our Wells Meeting, August 27: Well owners urged to form observation well network

Below: Dr. John Moore discussed the state of the bedrock aquifers at the Protect Our Wells meeting Aug. 27. Photos by JoAnn McNabb.

By JoAnn McNabb

"You need an Observation Well Network" was the driving point at the Protect Our Wells (POW) meeting August 27. The point was made by Dr. John Moore who is retired from the U.S. Geological Survey (USGS) and who has been co-author of a number of books on groundwater. When asked if groundwater in the Dawson aquifer is higher, lower, or the same as it has been, he said he could not answer the question because there is no data. In fact, Moore said he had made the same point to POW three years ago and still nothing has been done. By checking the water levels in designated wells twice a year, it would be possible to identify a trend or a serious problem. He said it would not be that expensive to accomplish but he did not provide an estimated cost.

POW, also called Denver Basin Aquifers Private Well Owners Association, is a citizen-based organization that advocates for residents with private wells in the Denver Basin. Moore addressed an audience of about 50 people at the Woodmen Valley Chapel on Woodmen Road who are concerned about the area’s groundwater. Groundwater is literally water in the ground. There are four aquifers providing groundwater in the Denver Basin. These include the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers. POW may be regarded as a watchdog organization performing an oversight function on water managers. POW operates as a non-profit group.

After Moore stressed the need for an Observation Well Network on the Dawson aquifer, there was audience discussion on exactly how groundwater level measurements could be taken and whether it may introduce a risk of contamination. Julia Murphy, the hydrogeologist who is the consultant for POW, said the state-of-the-art equipment would cost several thousands of dollars. Yet it was pointed out that one piece of equipment could be used to analyze all the wells. Additionally, Moore said that the modern equipment still was not the most accurate. Moore agreed that seasonal variations are also a factor in well monitoring with water being higher in the spring at the end of the recharge cycle.

Moore said there has been data collection for the Arapahoe aquifer although data for the Dawson was lacking. Arapahoe aquifer data was collected by state engineers and has been analyzed by Bob Raynolds of the USGS. Bob Raynolds had been the scheduled speaker at POW but was unable to keep the speaking engagement.

From the measurements on the Arapahoe aquifer, Raynolds was able to calculate the water level in the Arapahoe aquifer is falling about 30 feet per year. That’s an indication that the state cannot rely so heavily on groundwater for longterm sustainability. According to a chart that was shown by Moore, the water table may be dangerously low in the Arapahoe aquifer by 2010.

The rapid decline in available water resources is due in large part to the rapid growth in Colorado. Moore said the number of bedrock wells in Colorado has increased from 12,000 in 1985 to 33,700 in 2001 and there are even more now. Moore said in Colorado about 20% of our drinking water comes from groundwater. Also we are increasing our municipal use of groundwater.

We have also been groundwater mining. Groundwater mining is taking water out of the ground from aquifers that cannot recharge or renew water. This has the effect of

Depleting streams
Decreasing well yields
Increasing pumping costs
Degrading the water supply
Causing subsidence
Drying up wells

Moore explained the difference between the Arapahoe aquifer, which is a confined aquifer, and the Dawson, which is unconfined. The Arapahoe aquifer cannot recharge with new water since a layer of solid rock is impermeable to the water seeping into the ground. On the other hand, the Dawson aquifer is unconfined and can get recharged from the new rain and snows. The Arapahoe aquifer is being mined. Moore warned that people should check water availability when they purchase a home ("caveat emptor").

An interesting aspect of the evening was that Dave Gardner of GrowthBusters was at the POW meeting filming for a documentary about growth. It’s projected title is "Choking on Growth".

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For more information on POW, visit www.protectourwells.org.

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Monument Board of Trustees Meeting, August 20: Numerous downtown and Jackson Creek land use applications discussed

Below: At the BOT meeting: .Retired Marine Rafael Dominguez was unanimously appointed to fill the vacant seat on the town’s Planning Commission. He is being sworn in by Town Clerk Scott Meszaros (L). Photos by Jim Kendrick

Below: Eagle Scout candidate Danny Ball of Troop 56said he would be raising about $600 in donations and doing the landscape planting for the concrete and brick patio for the town’s planned art wall display at the expanded water treatment building on the northwest corner of the intersection of Beacon Lite Road and Second Street. 

By Jim Kendrick

The Monument Board of Trustees (BOT) had a very lengthy agenda for its Aug. 20 meeting because it also included all the items deferred from the Aug. 6 meeting that was cancelled due to lack of a trustee quorum. All board members and staff department heads were present.

BRRTA meeting report

Mayor Byron Glenn reported on the Aug. 10 Baptist Road Rural Transportation Authority (BRRTA) meeting. He said that the El Paso County Department of Transportation planned to have the Leather Chaps Drive intersection completed by the end of September. The rest of the construction for Baptist Road and the new Struthers Road south of Baptist and Jackson Creek Parkway will be finished by December 1. However, the final top coat of asphalt on all of this new widened roadway will not likely be applied until spring according to Andre Brackin, Capital Projects Director for the county transportation department due to winter snows.

Glenn also discussed right-of-way donations for the Baptist Road I-25 interchange expansion. The Schuck Corporation has completed the donation of right-of-way for adjacent Forest Lakes Metropolitan District land south of Baptist Road and west of Old Denver Highway. The donation from Phoenix-Bell, which owns the vacant land on the north side of Baptist Road between Old Denver Highway and the west side of I-25, "is really close so that’s two out of the four." "We’re working with the (Diamond Shamrock) service station," Glenn added. Valero Energy Corp owns this truck stop, which is on the northwest corner of the interchange.

Glenn said the THF Realty right-of-way "on the east side will be the hardest one to get."

This THF property includes the former Foxworth-Galbraith building and lot recently purchased from the Watt family as well as the surrounding Timbers at Monument vacant land to the east down to Jackson Creek Parkway which THF recently purchased from ADK Monument Developers LLC. The Timbers parcel extends north to Monument Marketplace from I-25 east to Jackson Creek Parkway. THF has asked for tax and fee exemptions for the additional density it is proposing for the Timbers project – double the density originally proposed by ADK before "flipping" the parcel to THF– in return for the right-of-way donation along the north side of Baptist Road and the west side of Jackson Creek Parkway.

The substantial amount of interchange right-of-way donation is necessary because the new Baptist Road bridge over I-25 will be eight lanes wide. All four interchange ramps will be widened to two lanes. Currently, Baptist Road and the bridge are only two lanes wide and the existing ramps were designed to be only a single lane. The state transportation department’s policy is not to allow the bid for a contract for expansion of an interchange to be advertised until all right-of-way has been donated.

Financing and supervision of current and future Baptist Road construction contracts, as well as future ownership and maintenance issues are complex.

These two separate on-going construction contracts for the county’s Struthers and Baptist Roads are being financed by revenue raised by the Pikes Peak Rural Transportation Authority (PPRTA) through its temporary 10-year one-cent sales tax. BRRTA, which is entirely separate from PPRTA, has paid for the engineering design for widening Baptist east of I-25 from collection of traffic impact fees for new construction. The town of Monument is not part of BRRTA or PPRTA, though nearly all of southeast Monument is in BRRTA through separate recent annexations.

All aspects of the expansion of the state’s interchange must be approved by the Colorado Department of Transportation even though the department is not paying for the bridge and ramp widening. The county transportation department will manage and direct the interchange construction project contract while BRRTA will pay the entire cost of the expansion with $21.5 million in revenue bonds financed by a separate temporary 20-year one-cent sales tax.

The state will not accept ownership for the new interchange bridge after construction is completed due to a lack of projected highway maintenance funds. While the state will continue to own and maintain the I-25 through-lanes and the widened interchange ramps, the county will become the owner of the new bridge over the interstate and have to pay for future maintenance of the two new four-lane spans. The state’s existing two-lane bridge will be demolished to make room for the county’s eastbound span after construction of the county’s westbound span is completed.

The county owns the rest of Baptist Road, including the extension between Roller Coaster Road and the Hodgen Road intersection with Highway 83. The county plans for Hodgen and Baptist Roads to become a truck route from I-25 past Eastonville Road to Highway 24 have not yet been approved by the Board of County Commissioners. (See the article on the County Planning Commission meeting.)

Also, Glenn has frequently said at BRRTA and Monument Board of Trustees meetings that the town intends to annex the widened portion of Baptist Road from I-25 east to Desiree Drive at the conclusion of the county’s construction warranty period.

Glenn said the town will add a full-motion traffic signal (left turn lights in all four directions) at the existing Jackson Creek Crossing intersection between the existing Jackson Creek Parkway light and the planned signal at the Leather Chaps Drive intersection. Left turns onto eastbound Baptist Road or northbound into the King Soopers shopping center are no longer prohibited at Jackson Creek Crossing.

The Gleneagle Drive intersection will also have a signal. No signals are currently being planned for the Desiree Drive or Tari Drive intersections on Baptist Road.

Glenn reported that John Laing Homes will be donating 15,000 cubic yards of soil from the Promontory Pointe development for construction at the new Town Hall site in Centennial Office Park on the southwest corner of Beacon Lite Road and Highway 105. About 6 to 10 feet of the top soil was removed from the Centennial site several decades ago.

Increased code enforcement urged

Trustee Tommie Plank commented that she would like to see code enforcement, and the hiring of a code enforcement officer placed on the board’s agenda. "We’ve got so many violations of different codes in town that it’s getting to be more and more problematic." Glenn asked that it be put on the next meeting’s agenda.

Signal problems

Trustee Tim Miller commented on the traffic signal at the intersection of Jackson Creek Parkway and Leather Chaps Drive. "That light has not been working for a while. I know it’s not our issue but I know it’s in Monument and residents think it’s our issue." Glenn asked Public Works Department Director Rich Landreth to request a traffic study from Triview Metropolitan District Manager Larry Bishop regarding the district’s signal operation.

BRRTA tax collection

Trustee Steve Samuels said there is a lot of confusion over which Monument businesses need to collect the BRRTA sales tax. He asked the staff to distribute a letter to the owners on how to comply with the BRRTA tax and the road tax. Treasurer Pamela Smith said that the town tax is 6.9 percent with an additional 1 percent for those businesses within BRRTA.

Landscape project discussed

Betty Konarski, Chair of Tri-Lakes Views, introduced Eagle Scout candidate Danny Ball of Troop 56 in Colorado Springs. Ball, a Monument resident, said he would be raising about $600 in donations and doing the landscape planting for the concrete and brick patio for the town’s planned art wall display at the expanded water treatment building on the northwest corner of the intersection of Beacon Lite Road and Second Street.

Konarski said that the Tri-Lakes Views project has so far received donations of about $20,000 in cash and about $10,000 of in-kind contributions for materials and design from local benefactors. Work will begin when consultant engineer Roger Sams of GMS, Inc. determines the location of the protective posts. Glenn asked Landreth to call Sams to "push this because he’s lollygagging planning and finish this by the middle of September."

Samuels said his company, Robertson’s Landscaping, would give all needed materials for the project not already donated by others. He recommended shredded cedar mulch instead of "metro mulch bark" which blows around too much.

Konarski said the project was fully funded, including the cost for the artist creating the artwork, with the only remaining unknown being the final cost for a bricklayer to install the patio bricks.

Sign code disparities noted

Rocky Mountain Oil Change Center owner and former town Parks and Landscape Committee Chairman John Savage said he has had a "struggle with the town" in complying with several restrictions on signs and variances for sign setbacks in upgrading his building and expanding it for a new car wash. He said he had to hire an attorney to split his business to form a separate car wash business to be able to post a second car wash sign on the side of his building in addition to the front oil change sign. He stated that:

Safeway has 3 signs on its building and 2 electronic signs
Arby’s has 7 building signs
Taco Bell has 3 building signs
Home Depot has 7 building signs and 4 pole signs
Wal-Mart has 27 building signs and a pole sign

"I just feel that is really unfair for small businesses."

Savage also noted that he was not allowed to have safety signs that were large enough to prevent customers from unsafely backing out into Highway 105. Director of Development Services Tom Kassawara had said that he would be rewriting the sign code in the near future. Savage stated that Kassawara had appointed him to the committee of business owners to help with the code revision. Savage also said he felt there was selective enforcement of the code.

Plank, a Historic Monument business owner, said that the rules are different in downtown than the rest of Monument including Jackson Creek. She added that Savage’s business in on the corner of the entrance of downtown and would prefer that there was no mention of Pennzoil on his building sign. Savage said that Pennzoil is part of his business and Highway 105 is no longer part of historic downtown Monument. She said that was his choice in choosing how he allocated his allowed signage – to have a Pennzoil sign instead of a carwash sign.

Drumm said "John, I understand" and that the town needs to look closer at separate more restrictive regulations for downtown Monument, citing two potential developers who had told him that "they ain’t coming back" to build in downtown because of downtown code restrictions.

Samuels agreed with Savage that it is inappropriate to have rules that are different for the east side and west side of Highway 105 north of Second Street. "It doesn’t make sense." Samuels also said, "Highway 105 is a totally commercial route" and that Highway 105 was nothing but concrete and asphalt and needs to have landscape requirements.

Glenn said the sign rules for a very large Wal-Mart building would always be different than for small private business and the board must strike a balance between the desires of business owners and residents.

Kassawara said he’d never heard of potential business owners being driven away by new enforcement of existing sign and building code regulations. He is now enforcing old code that was not previously enforced. Existing signs built before he started working in Monument that violate the "vague" existing code are "grandfathered." This may appear to lead to unfair enforcement now for requests for new signs for new and remodeled buildings that would seem to match existing signage on the Highway 105 corridor.

Kassawara noted he issued a car wash sign permit, before Savage had created the "multi-tenant building" situation that allowed an additional sign under current wording at Kassawara’s suggestion as a work-around to the existing sign code. The code allows as many directional signs as are required but restricts their size. Kassawara also noted that sidewalks and landscaping buffers are being added to the new building on Highway 105 and those in Monument Marketplace in response to Samuels’ remarks about concrete and asphalt.

There was consensus that code modernization for small businesses would be a staff priority when the current very high workload to review numerous development proposals tapers.

Non-profit seeks town support for municipal bond issue

Ray Marshal, a member of the group that acquired Monument’s Colorado Sports Center ice rink 18 months ago, asked the board for future support for paying off the previous rink owners’ Small Business Administration (SBA) loans with proceeds from tax exempt municipal bonds that would also finance facility expansion for new youth leadership programs for the region. The existence of the SBA loan does not allow Marshal’s group to convert the rink to a 501-C(3) tax exempt entity.

Marshal is negotiating with Mike Watt to buy Watt’s 20 acres of vacant land between the sports center and the Trails End development for expansion of the sports center to support senior, youth, and intergenerational exercise programs.

Brandon Shupp, Director of Marketing & Business Development, and Executive Director Michael Hestermann of the Colorado Springs Youth Foundation discussed how they would partner with Marshal’s ownership group in expanding its programs and refinancing the facility with municipal bonds.

Linda Clark of Piper Jaffrey discussed how the town could be the "conduit issuer" of the bonds for the foundation without incurring any financial risk or legal responsibility for paying off the proposed $5 million municipal bond issue at approximately 6 percent for the partners to pay off the SBA loan and expand the Colorado Sports Center facilities. The foundation cannot issue municipal bonds on its own but would pledge all its receipts and revenues in its indenture of trust and loan agreement with Monument. Clark listed several similar 501-C(3) non-profit and municipality partnerships elsewhere in Colorado.

Clark also expressed concern about BRRTA not being able to collect the sales tax revenue needed to pay interest for the BRRTA bonds that she issued for Piper Jaffrey.

Town Attorney Gary Shupp, who is the president of the foundation, said he would have to recuse himself from having the town issue the foundation’s municipal bonds, but would arrange for another attorney to represent Monument on this matter at no cost to the town. He added that the trustees could reach a decision by the end of the year on the proposed indirect participation in the municipal bond issue for the non-profit hockey rink.

Shupp cited the Colorado Fine Arts Center being financed by municipal bonds issued by Colorado Springs as a conduit issuer. Piper Jaffrey and the substitute lawyer, not town staff, would perform the bond issue work. A community advisory committee will advise the foundation on which programs to offer and how to channel funds back to the community.

Samuels noted that he worked with the previous facility owners on athletic programs and an indoor year-round turf football and soccer field would be a great multi-use addition to the community. Glenn said he looks forward to senior rugby games in the new building.

There was consensus to move forward on development of a specific proposal to the town by Piper Jaffrey to finance the bond issue for the center’s proposed youth leadership proposal. (See www.csyouthfound.org for more information on the foundation.)

Dominguez appointed to planning commission

Retired Marine Rafael Dominguez was unanimously appointed to fill the vacant seat on the town’s Planning Commission. He was sworn in by Town Clerk Scott Meszaros.

Several land use applications approved

Jackson Creek office building plat approved: The board unanimously approved Vision Development’s application for a final plat for Filing 2 of the Jackson Creek Commerce Center on the northeast corner of Jackson Creek Parkway and Leather Chaps Drive. The filing will be for a new two-and-a-half story office building directly east of the new Ent Federal Credit Union building. The building will be administratively reviewed and approved by staff under the previously approved preliminary planned development (PD) site plan design guidelines for the Commerce Center project.

Plank expressed concern about the office building being 48 feet high. Kassawara replied that the board had approved a 50-foot maximum in the original master PD site plan and matched the architecture of the Ent building.

KFC restaurant plat approved: The board unanimously approved Vision Development’s final plat for Filing 16 of the Monument Marketplace, for a new Kentucky Fried Chicken store. This filing is adjacent to the new Carl’s Jr. restaurant.

Synthes Ave. replat tabled: The board unanimously tabled a replat application for Lot 2 in Monument Industrial Park, Phase 2 at the south end of Synthes Avenue, from landowner Brian Gardiner of Red Rock Investment Company, LLC. The application 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.

During the public hearing, Monument resident Lee Kilbourn said that he had previously owned this parcel. He said the covenants within the Monument Industrial Park do not allow construction of buildings on parcels of less than 4 acres, and that development on the subdivided Lot 2A would not be approved by Synthes Corporation.

Kassawara responded that this is a private covenant issue. The Town does not have any knowledge of these covenants nor does it have any ability to turn down the owner’s request because of the covenants. The owner would have to deal directly with the association. Town Attorney Gary Shupp concurred with Kassawara.

Plank inquired if the application should be tabled in case the owners are unaware of this potential covenant problem. Glenn agreed. Kassawara said the re-subdivision could be approved and the owner may elect never to have this action recorded if Kilbourn is correct. A motion to table the application was unanimously approved.

Hull Subdivision applications tabled: On Aug. 8, the Planning Commission unanimously approved subsidizing unprecedented higher densities for the Hull Subdivision through the discounted sale of excess town water rights. This subdivision lies within the "Downtown Development" area of the town’s Comprehensive Plan. The applications from Jamie Hull of Goldwest II, LLC for this vacant city block of 16 lots between Grace Best Elementary School and Beacon Lite Road near the Santa Fe Trail crossing were:

Rezone the 3.7 acres from Downtown Residential to Planned Development (PD)
PD Sketch Plan
Preliminary/Final Plat

There are not enough available water rights on this parcel to support 46 residential units and several stores and restaurants in the proposed commercial units. (See article on the Aug. 8 Planning Commission hearing for details of the three Hull applications.)

Glenn asked the staff if:

A traffic study has been completed by Goldwest
There are adequate drainage plans
There is a letter on file from town water engineering consultant Bruce Lytle stating that the town will provide water to Goldwest
The town has sufficient excess water rights to offer developers for sale.

Town Manager Catherine Green said the Town has approved an ordinance establishing the right to sell water and a resolution stating the boundary within which the town will sell water rights. The Hull project falls within this water sale boundary. Furthermore, water can be sold at a discount for preferred projects. The town needs to know exactly how much additional water Hull’s project is going to need. Green said she believes the town has enoug