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Valentines for Vets

Below: February 9 at the Monument Library, Mary Fox is ready to help her daughter Ally as she works on a Valentines card to be sent to our troops overseas. To her left, Mariah Mayhugh and Cody Hamilton concentrate on their creative efforts. For additional information on the event and other library events during February and March see article below. Photo by Ray McCoy, Life Long Photography, www.lifelongphotography.com. 

Water districts suffering from sticker shock

What do $15 million, $18 million, $48 million, and $339 million have in common? They are all estimated price tags for some of the water projects being considered by the Pikes Peak Regional Water Authority (PPRWA).

At the February 8 meeting of the PPRWA, Boyle Engineering presented a preliminary report on their engineering study for the project proposed to transport up to 50,000 acre-feet of water per year north to the Tri-Lakes area from fallowed fields on farms along the lower Arkansas River. An acre-foot is 326,851 gallons. Boyle estimates the cost at $339 million including treatment and transmission costs to three points in the local area but excluding the cost for the water rights and storage and treatment of the water once it arrives in the Tri-Lakes area. The final report is due in April.

The PPRWA’s recently completed Water Infrastructure Planning Study (WIPS) report, as summarized below, recommends implementation of an indirect potable reuse (IPR) system for treating and recycling effluent from the wastewater treatment plants for use in local drinking water systems. The estimated cost is $48 million.

The WIPS study also recommends construction of local water storage at a cost of $18 million and construction of a backbone pipeline to move water among the local water districts at a cost of $15 million to $21 million.

The members of the authority as of January 1:

The members are now wrestling with how to pay for these projects.

Copies of the final WIPS report have been distributed to the members and can be purchased for $100 from the PPRWA. An electronic copy is to be posted on the PPRWA Web site but, as of press time, had not yet been posted. Highlights of the WIPS report:

Recommendations from the report:

Expenditures during 2007 for the WIPS study totaled $225,313. Additional invoices through the end of January totaled $23,633.

Jon Ford, groundwater hydrologist and vice president of Leonard Rice Engineers, presented a proposal to refine the WIPS projections of local supply and demand though 2025 based on:

Ford expressed concern that the yields from wells in the Laramie-Fox Hills aquifer are usually low, perhaps 50 gallons per minute; pumping costs are high; and there are quality issues with the water. He added he would not have much confidence in the analysis until additional local Laramie-Fox Hills wells have been drilled.

Ford noted that wells in the Dawson and Denver aquifers need to be carefully located to minimize impact on adjacent homeowners’ domestic wells.

The authority members agreed to supply Ford with growth projections for use in the analysis.

Ford estimated that the study would cost less than $50,000. Since some of the member districts’ shares exceed the representatives’ expenditure authority, a decision on starting the study was postponed to a special meeting March 10 so the representatives could consult with their boards.

Lower Arkansas agricultural water project update

The authority’s attorney Rick Fendel reported that discussions are being held regarding the corporate structure for the "Super Ditch" company to administer the export of water from the lower Arkansas River basin.

He noted that initially, "A lot of people objected to the export of water" and added that some of the related entities have restrictive provisions in their articles and bylaws. He said, "It sounds like we have that worked out."

Rocky Wiley of Rothberg, Tamburini, and Winsor (RTW) Engineering, asked each district for a letter supporting the conservation plan. All but Cherokee agreed to supply a letter. Cherokee has been pursuing approval of their own conservation plan. Several members noted that the staff of the Colorado Water Conservation Board has been unresponsive.

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A special meeting of the PPRWA will be held March 10, 1 p.m. at Monument Town Hall, 166 Second Street in Monument.

The next regular meeting of the PPRWA will be held March 19 at 8:30 a.m. at the Cherokee Metropolitan District office, 6250 Palmer Park Blvd. in Colorado Springs. The meetings are normally held on the third Wednesday of each month at 8:30 a.m. Most of the meetings will be held at Monument Town Hall; however, the meetings on March 19 and October 15 will be held at the Cherokee Metropolitan District office and the meeting June 18 will held at the City of Fountain office, 116 S. Main in Fountain.

The PPRWA Web site is www.pprwa.com. 

A bill pending in the state Legislature could derail plans for Academy Water and Sanitation District’s merger with Donala Water and Sanitation District, according to Academy’s attorney, Paul Murphy. The bill, which he learned about only recently, says that special districts cannot service anyone new outside their boundaries. In this case, Donala, which operates as a special district, would not be allowed to service Academy’s residents because Academy would not be considered part of Donala by the time the bill became law. (See update below.)

If passed, the bill would go into effect in August. The consolidation wouldn’t be effective until Jan. 1, 2009, at which time Donala would begin providing water and sanitation service to Academy’s residents. But the consolidation, as it’s set up now, would not be completed until Academy’s bond debt is paid off in 2014; Academy must remain a legal entity until then.

If the bill passes, Murphy said, "It would effectively kill this deal…. They (Donala) couldn’t service us."

Any attempt to merge sooner than Jan. 1 is complicated by the mill levy payoff date. President Richard DuPont noted that the district will have around $300,000 in reserves at the end of the year, at the time of the proposed merger. He is waiting to hear from the bank that issued the bond as to whether that money could be used to pay down the bond early. If it can’t be paid off early, then a moved-up merger date would have Academy’s residents assuming Donala’s mill levy on top of its own, which board members don’t consider an option.

Another component to House Bill 08-1259 is it "requires a special district that currently provides services outside its territory to file a petition within a specified time to modify its service plan in order to provide services only within its territory." Murphy said this would impact those who presently live outside the Academy district but are being serviced by the district.

Overall, the measure would affect many special districts around the state as well as residents who are serviced by a district but aren’t officially part of that district. Operator Jerry Jacobson commented, "That kind of flies in the face of the state’s desire to do away with all these little wastewater plants."

Murphy said that the bill "is worrisome," and he urged the board to contact legislators to voice their opposition. Organized efforts against the bill are still in the early stages. The bill will be voted on no later than the first week of May — or it could get killed or passed earlier than that, he said.

DuPont said that following a recent meeting with Donala, the board received a letter from that district covering the issues that had been brought up and the actions that need to be taken. Donala reviewed Academy’s budget and "marked off those things that they can absorb … and left those things that we would be responsible for," he said.

DuPont said that Donala doesn’t want to pay for all of the water rights in the Denver Basin — which includes water in the Denver, Dawson, Arapahoe, and Laramie-Fox Hills aquifers –– under the Academy district. Donala is only interested in paying for that portion of the Arapahoe water that Donala will not have to use to supply Academy’s customers and will be available to supply Donala’s customers. So out of the $558,000 worth of water that the water consultant says Academy owns, Donala has offered to pay $79,272 — roughly $1,200 per acre-foot — for the limited amount.

There was a suggestion that the remaining water rights be sold. Murphy said there are markets for buying water rights, so Academy might "let it be known" that this water is available.

"There’s at least some possibility that those water rights may have a value to someone else other than Donala because they may use it for a different purpose, such as augmentation," Murphy said. "That’s something to find out."

Murphy also brought up another bill pending in the House that would make it harder for Academy (and other private and government entities) to collect overdue payments. He said that Rep. Doug Bruce had introduced HB08-1277, which would eliminate the option of tacking those fees onto property tax bills collected by the county treasurer’s office.

While Academy has not exercised this option in the past, it is currently struggling with getting payment of delinquent bills from three households that are in foreclosure or bankruptcy. Eliminating this option for collection creates an additional headache for entities that are owed money, Murphy said.

Jacobson said the district used 2,168,700 gallons of water in January, an average of 67,771 gallons per day. He attributed the January water distribution system loss –– the difference between the total water produced and the total amount registered on all the customers’ bills –– primarily to testing of one replacement hydrant and to problems with three houses that had frozen pipes.

He said the wastewater test results for CBOD (the oxygen demand for the effluent) were not in compliance for the 30-day average. "We had the same conditions last winter," he said.

Because of the cold weather, Jacobson said he has been continuously running the blowers that aerate the wastewater lagoons and will continue to do so "until it warms up to the point where I’m confident they (the blowers) won’t freeze up." However, by aerating continuously, the wastewater is constantly mixing and the waste isn’t able to settle to the bottom of the lagoon as required , "so that can impact the numbers," he said.

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The Academy Water and Sanitation District board meets at 7 p.m. the first Wednesday of every month at the fire station on Sun Hills Drive. The next meeting is March 5.

At the Donala Water and Sanitation District Board of Directors meeting February 20, the board unanimously voted to take positions on three pending bills in the state legislature.

Dana Duthie, Donala’s general manager, reported that State Representative Kathleen Curry of Gunnison, Chair of the Natural Resources Committee, has introduced House Bill 1141 requiring developers to identify a sustainable water supply prior to getting approval for their developments. Duthie noted that El Paso County Commissioner for the Tri-Lakes area, Wayne Williams, and the county attorney’s office are actively opposing the bill. Regarding the bill, Duthie said, "It just makes sense. We need a state policy on water and growth." Despite some concerns by board members about how the bill would be implemented, the board unanimously voted to support in principle HB08-1141. As of press time, the bill had been passed with amendments by the local government committee and referred to the appropriations committee.

This bill would prevent special districts from providing services outside their territorial boundaries. It would also require additional financial reporting and that special district elections be held on the same date as general or coordinated elections. Duthie said the bill was proposed to block a particular development in Aurora and is "bad law." The board unanimously voted to oppose HB08-1259. As of press time, the bill had been assigned to the local government committee, a hearing scheduled for Feb. 19 has been postponed, and changes to the bill are being negotiated.

This bill, proposed by the son of former governor Roy Romer, would authorize the use of cisterns to collect rainwater from up to 3,000 square feet of roof on a single-family primary residence. The water could be used for ordinary household purposes, fire protection, watering of livestock, and irrigation of up to one acre of gardens and lawns. Duthie noted that water rights attorneys and others are opposing the bill because it could be viewed as impacting downstream water rights holders. Duthie said it would increase water storage in the state and, "It’s about water conservation." The board unanimously voted to support SB08-119. As of press time, the bill had been passed with amendments by the senate committee on Agriculture, Natural Resources, and Energy and passed on the first and second reading by the full senate. The vote on the third reading was pending. It had not yet been introduced in the house.

Water from the new Well 14A in the Fox Run Regional Park is testing higher than prior wells for radiation from radon and other natural sources. Duthie said the radiation level is being monitored to see if implementation of additional treatment will be required. He added, "This could become a factor in other wells."

Duthie noted that water from a well drilled into the Arapahoe aquifer by the Forest Lakes Metropolitan District is too radioactive to use.

Duthie distributed a summary of events during 2007. Some highlights:

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

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The Donala board will hold its next regular meeting on Wed., March 19 at 1:30 p.m. at the Donala office, 15850 Holbein Drive. Meetings are normally held at 1:30 p.m. on the third Wednesday of each month. The district’s Web site is at www.donalawater.org. Colorado state bill text, history, and status can be found at www.statebillinfo.com. 

The application for inclusion by the Willow Springs Ranch development landowner, MHW LLC, was unanimously approved during a public hearing by the Monument Sanitation District board on Feb. 21. This inclusion will increase the number of properties serviced by the district from about 1,000 active taps to over 1,400.

Many of the homes will have to be served by a lift station due to the steeply sloped topography of the southern filing, regardless of which special district provides wastewater service.

Monument Sanitation District has the excess wastewater treatment capacity to serve the new development immediately and no bond debt, which would require the imposition of property taxes on each lot. Forest Lakes Metropolitan District is also adjacent to the development and has up to 70 acre-feet per year of excess water rights that it can sell to the Willow Springs Ranch developer, but no excess wastewater capacity to offer.

District manager Mike Wicklund also informed the board that about 2,000 feet of vitrified clay collection lines in downtown Monument are being relined with Insituform cured-in-place lining that seals deteriorating joints, reduces groundwater and tree root infiltration, and reduces total treatment costs at the Tri-Lakes Wastewater Treatment facility. This material is similar to PVC pipes and extends the life of the clay pipes approximately 100 years.

The meeting adjourned at 8:45 p.m.

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The next meeting is at 6:30 p.m. on Mar. 20 at the district conference room, 130 Second Street. Meetings are normally held the third Thursday of the month. Information: 481-4886.

Below: The Monument Board of Trustees, Town Staff, and Triview Metropolitan District Board of Directors met in a joint workshop on Feb. 26 immediately after adjournment of the regular Triview board meeting. Both boards agreed to work more closely and meet every other month at Town Hall following the regular Triview board meeting. Photo by Jim Kendrick.

At the Feb. 26 board meeting, acting district manager Ron Simpson briefed the board of the Triview Metropolitan District on some financial challenges that have to be faced in the coming months. Due to the slowdown in development, Triview is not receiving tap fees for new construction and cannot build the roads and other infrastructure required by its service plan for Vision Development’s Copper Heights and Copper Terrace developments. The modular building Triview rents for its office space is for sale and the lease will be terminated within 30 days of acceptance of a purchase contract. Proposals by the district’s attorney Pete Susemihl to temporarily eliminate or dramatically reduce recently approved impact fees to stimulate new growth were discussed, but not approved by the board.

Following the conclusion of the regular monthly meeting, the board then met with the Board of Trustees in Town Hall for a joint workshop. Mayor Byron Glenn proposed that the town’s Public Works Department take over all aspects of the district’s daily operations and maintenance. Glenn said that the savings from eliminating district salaries and professional consultant fees could be pledged to paying off recently increased district debt. Triview took out a second $2 million Colorado Water and Power Administration (CWPA) loan in December to pay half of the cost overruns in the expansion of the Upper Monument Creek Regional Wastewater Treatment Facility. The board added 10 mills to the district’s 2008 property tax to pay for this latest loan.

Public Works employees already operate and maintain the Triview water and wastewater systems on a contract basis. Glenn proposed that town administrative staff take over the daily office functions of the district and that town consultants replace the district’s consultants. The district would not be dissolved however. The Triview board would still perform its fiscal responsibilities for budgets, appropriations, and paying off the roughly $50 million in district debt.

Jackson Creek resident Robert Fisher was sworn in to fill the vacant director seat on the board by the district’s attorney, Pete Susemihl. Fisher’s appointment will last until the April special district election.

Administrator’s report: District Administrator Dale Hill reported that the end of year financial report may be different than the audit as some sales and property tax from 2007 continue to be received. The board unanimously approved renewal of the engagement letter submitted by the district’s auditor, Tom Sistare of Hoelting and Co. Inc. His fees did not increase for the 2007 audit.

Hill noted the high costs for several street repairs during the past month. Director Joe Martin said. "Our roads are looking pretty sad." Fisher showed pictures of damage to the sidewalks and gutters in front of his house and asked if the district’s snow plowing contractor could be asked to reimburse the cost of repairs. Hill said Fisher would have to be able to prove the damage was caused by the plow, as opposed to the heavy weight of a garbage truck for example, to make a valid claim.

Director Julie Glenn inquired about the monthly $609 lease payment for a Ford Explorer. Hill said an Explorer was originally leased for use by former district manager Larry Bishop in June. The Explorer was subsequently exchanged for a Ford Fusion with a new four-year lease. Although the Ford dealer would only give $7,000 for the trade-in of the Explorer for the Fusion, the remaining cost to terminate the lease was $23,000. Hill said the district has no funds available to buy out the remainder of the lease by paying the difference on the amount owed and what it could get from a private sale. The district has no choice but to continue making monthly payments since money was appropriated to make all of the 2008 lease payment in the current budget. She added that the lease payments for the district’s pickup truck are much lower.

Susemihl suggested that since the lease has a clause that makes continued payments contingent on new appropriations each year, the board should not appropriate any money for 2009 lease payments and terminate the lease on Dec. 31 rather than paying for another three years.

Manager’s report: Acting District Manager Ron Simpson gave a lengthy wide-ranging report:

House Bill 1141 may require developers to show that available water resources in a development will last indefinitely instead of a limited amount of time.

He recommended that the board approve payment of $25,000 for 2008 annual dues for membership in the Pikes Peak Regional Water Authority. He said that the district does not have $17,000 to pay its share for a second authority water infrastructure planning study; Triview’s share for the first study was about $5,900. Susemihl agreed saying the member districts should get away from costly studies covering the next 20 years and instead determine what their immediate and long-term financial resources are and then make more realistic plans on how to obtain additional water rights and the infrastructure needed to transport the water to each member district. After further lengthy discussion the board unanimously approved the $25,000 dues payment.

Simpson reported that Rick Blevins Vision Development’s director for Jackson Creek had requested $893,918 for infrastructure improvements for the town-approved Copper Heights development at the north end of Leather Chaps Drive. Triview is a developer district and its service plan requires it to provide all infrastructure for any approved development. Simpson noted that the district has no funds for this infrastructure. Blevins said that if Triview cannot perform its service plan obligations, that Vision Development "is done" in Jackson Creek.

The board discussed possible options to repay Vision Development if it installed its own road, utilities, parks, trails, and the like, after noting that Triview has no cash to start partial periodic reimbursement. The district has maximized the amount of debt it can incur and has no financial means to support this kind of repayment proposal at this time. Susemihl said, "If there is to be reimbursement, it can’t be debt." Blevins suggested increasing the density of Copper Heights and building cheaper houses to start generating some tap fees for Triview during the current housing recession. He also suggested that Triview defer construction of playgrounds, parks, and trails in the development.

There was a lengthy discussion on reducing or eliminating the recently approved increases in the impact fee schedule that were deemed necessary to provide enough cash to pay for future infrastructure. Simpson said that the impact fees are nearly as high as construction costs per square foot for commercial properties. Blevins noted that Brakes Plus had cancelled its contract with Vision Development for its Monument Marketplace store once it determined how high Triview’s impact fees are. Blevins added that other companies have also begun to look elsewhere due to excessive fees.

Susemihl suggested suspending the impact fees because there had been no building permits, no impact fees, no tap fees, and no revenue from growth in 2008. In the short run it is better for Triview to generate a steady stream of long-term property taxes than try to get too large an amount of impact fees. He added that when the district is built out there will be plenty of sales and property tax to pay off the bond debt.

Simpson also reported that the district may lose its lease if the building is sold by the owner with 30 days notice once a contract is accepted. Simpson noted that the district could not afford to buy the property. There was no discussion of alternative office options.

Simpson gave a lengthy review of why Triview had to take out a second subsidized state loan to maintain its ownership of new wastewater plant capacity. Commercial property taxes are four times higher than residential taxes and a mill levy generates more revenue more reliably than sales taxes and wastewater fees.

The board members each explained why they had voted for a 10 mill increase instead of a $120/month sewer fee, noting the lower costs for each homeowner and the tax deductibility of the extra taxes. They all reiterated that the board had to choose between these two options that were mandated by CWPA as a condition of the second $2 million loan, which has a 3.64 percent interest rate due to a federal subsidy. Commercial loans would have a much higher interest rate, which makes it worthwhile to follow the CWPA mandate to raise the mill levy.

Simpson noted that had Triview not opted to pay for half the cost overrun, it would have lost the opportunity to own much of the planned future expansion of the wastewater facility’s capacity. Donala would have paid for all the extra capacity in the current expansion and Triview would have had to pay "out of district rates" to use Donala’s excess capacity. These rates for using another district’s treatment capacity are typically 50 percent higher than the owning district’s direct costs. Triview cannot afford to raise its sewer rates 50 percent because there still might not be enough revenue to pay off the first $2 million CWPA loan and these rates would limit or end growth in the district.

After more discussion the board adjourned at 6:20 p.m. to go to Town Hall for the 6:30 joint workshop.

At the workshop during Glenn’s opening remarks, he offered a proposal for the town staff to take over all operations except those of the board. Glenn suggested that the saving of hundreds of thousands of dollars in salaries and consultant fees may be enough to convince CWPA to eliminate the 10 mill property tax increase or cut it in half. The town staff already performs water and wastewater operations and maintenance for Triview’s facilities.

He also said that there was a lot of "anger" over the tax increase when people stand in their front yards and see their streets and curbs deteriorating even though they are nearly new. He said that Jackson Creek Parkway is only three years old and needs to be rehabilitated already. He added that the town may sue the contractor for the cost of replacing the defective installation.

Glenn also suggested an extensive campaign by board members and staff to educate Triview residents on the problems the district and town has to solve with infrastructure repairs and debt payments. Triview is a large part of Monument and the town will take over all of Triview’s functions when Triview debt has been paid off, so it’s reasonable for the staff to start the process now.

Glenn said that there needs to be additional rooftops to draw in more commercial development which will raise tax revenue to pay off the debt. He also suggested that Triview’s service plan needs to be amended because it has no funds to build or repair the roads in Vision’s developments.

Triview President Bob Eskridge suggested formation of a working group consisting of Town Manager Cathy Green, Director of Development Services Tom Kassawara, Treasurer Pamela Smith, Public Works Director Rich Landreth, Simpson, and Hill to discuss all the financing, operations, maintenance, and public relations issue that Glenn’s proposal may raise.

Each board member and staff member in attendance pledged support to find cost effective solutions to Triview’s current financial crisis. West side trustee Tommie Plank said the solution should not be at the expense of west side taxpayers who are not part of Triview.

Jackson Creek resident Steve Meyer noted the wave of tax, rate, and fee increases proposed or imposed by Triview recently and endorsed Glenn’s call to communicate with the residents.

Green asked if Triview could ask a judge to declare bankruptcy. Attorney Jim Hunsaker of Grimshaw and Harring PLC said that it was an option but there would be a higher mill rate even if some debt was eliminated. Town Attorney Gary Shupp was more cautious about the option than Hunsaker. Susemihl said the district is not bankrupt and asked that Green’s group come up with options for reducing costs for developers and residents. He said the attorneys could find a way to make the selected option work.

After further discussion the two boards agreed to formation of the joint study group of staff members. There will be no attorney participation in the group for now. The boards agreed to another joint workshop meeting after the April Triview meeting. The workshop adjourned at 8:20 p.m.

Below: Monument Director of Development Services Tom Kassawara and Principal Planner Karen Griffith discuss annexation, rezoning, and planned development sketch plan proposals at the Feb. 4 Board of Trustees meeting for the 259-acre Willow Springs Ranch development on the west end of Baptist Road. The board approved the annexation and rezoning with a 5-2 vote. The sketch plan was continued, however, due to concerns about the complexity and cost of extending Mitchell Avenue southward to connect to Forest Lakes Drive through a county resident’s 30-acre property. Photo by Jim Kendrick.

On Feb. 4, the Monument Board of Trustees approved the serial annexation of two filings in the 259-acre Willow Springs Ranch development just west of the railroad tracks, between the Synthes plant and the west end of Baptist Road. No annexation agreement was provided to the board for review or approval prior to this vote.

Although the board also approved town Planned Development zoning for the parcel after annexing it, the applicants’ request for a maximum density of 450 houses in the Sketch PD Plan was tabled due to the developer not having secured an adequate water supply. The available groundwater on the parcel is about 70 acre-feet less than the annual minimum supply requirement for 450 houses. While a "handshake agreement" had been made to purchase the additional water rights from Forest Lakes Metropolitan District, no contract had been signed.

The Planning Commission narrowly approved the three requests by a 4-2 vote on Jan. 9. Commissioners Patricia Mettler and Glenda Smith voted against all three requests, due to existing traffic congestion problems on Mitchell Avenue at the Second Street railroad crossing and the concerns of adjacent property owners. There was also concern that the land would be initially stripped of vegetation and then not developed as has occurred in the Villages at Woodmoor, Monument Ridge, and Promontory Pointe developments over the past several years.

All board members were present for this meeting.

During initial trustee comments, Mayor Byron Glenn announced that a schedule for advertising, bidding, and actual construction for the Baptist Road I-25 intersection expansion would be set at a Baptist Road Rural Transportation Authority (BRRTA) meeting to be held on Feb. 8. The BRRTA board has obtained enough right-of-way on the west side of I-25 to begin construction on that part of the project.

Note: THF Realty, Inc., the new owner of the former Foxworth-Galbraith hardware store property on the northeast corner of the interchange, continues to refuse to provide BRRTA with needed right-of-way to construct the additional westbound lanes and new dual lane northbound on-ramps. BRRTA may have to condemn the required THF Realty land prior to construction on the east side of I-25. The condemnation process would delay east-side construction another year.

Prior to the hearing, Ted Bauman of the Monument Hill Sertoma Club asked the board to endorse a proclamation for "2008 Freedom Week." Bauman also announced the top three essay winners from each of the three area middle schools. Each year, about 500 students participate in the annual eighth-grade contest, writing essays on "What Freedom Means to Me." Monument Academy student Jacob Glenn, the mayor’s son, read his winning essay, "Freedom, a Gourmet Meal," to the board. The other winners were:

(See photo below. the freedom essays as a PDF file. This is a 6 Mbyte file and will take about 35 minutes to download at 28.8. To view and print the file, you will need to download and install the free Acrobat Reader Program.)

The board unanimously approved the proclamation declaring Feb. 17-23 as "2008 Freedom Week." After it was signed, it was given to Jacob Glenn to present to the Sertoma club at its annual awards breakfast on Feb. 9, where Bauman said each of the nine winners would be officially recognized with a plaque and a prize check.

Monument Principal Planner Karen Griffith asked that the staff and applicant presentations for all three proposals be combined prior to four separate votes on annexation of each of the two filings, the town’s Planned Development (PD) zoning, and the PD Sketch Plan.

The applicants are land owners MHW LLC and developers Paul Howard, Todd Evans, and Charley Williams of Infinity Land Corp. of Colorado Springs. The applicants’ consultants are:

Griffith said extensive details on PD zoning and residential PD site plans will not be available at this first stage of development. Those details will be available at the next stage of development. There are extensive wetlands on the parcel. The applicants plan to include two parks.

Annexation comments: Town staff members said each annexation meets the requirements of the Colorado Revised Statutes, lies within Priority Area 1 of the Urban Growth Area specified in the Monument Comprehensive Plan, and conforms to each of the comprehensive plan’s annexation policies.

The project can be readily served by existing roads and area electricity, gas, and phone utilities. The town will provide water from its partnership in the new 1.5 million gallon Forest Lakes Metropolitan District water tank. Monument Sanitation District will provide sanitary sewer service.

Much of the land is constrained by floodplains, protected mouse habitat, and slopes. The applicants will form a metropolitan district to provide storm drainage, road improvements, and maintenance of parks, trails, and open spaces in this otherwise "un-developable" land. The improvements will be dedicated to the town, and the town will maintain the roads.

A development agreement between the town and the landowner will detail the rights and obligations of each.

Note: No draft of the annexation agreement or the development agreement was provided to board members.

Two conditions were proposed by the staff:

1. An annexation agreement shall be approved by the town Board of Trustees and executed by the applicants that satisfactorily addresses commitments and referral agency comments prior to recordation of the annexation ordinance with the county.

2. Any necessary technical corrections shall be made and approved by town staff.

The proposed density is 1.73 dwelling units per acre for 450 single-family and patio homes. However, town water consultant Bruce Lytle of Lytle Water Solutions determined that there is a deficit in available water rights on the parcel of at least 67.05 acre-feet, based on Lytle’s assumption of a maximum of only 433 houses.

Forest Lakes Metropolitan District has said it is willing to sell the applicants the 67 acre-feet of additional water rights. The town staff had asked the applicants to provide a letter of intent from Forest Lakes Metro prior to the board’s hearing. The staff recommended that the planning commissioners and trustees approve a condition lowering the proposed maximum number of houses from 450 to 433.

Note: the applicants had not obtained a signed letter of intent from the Forest Lakes Metro District.

PD zoning comments: Griffith reported the following land use breakdown:

The proposed zoning conforms to the comprehensive plan’s recommendations for growth and land use. The zoning will protect floodplains, Preble’s meadow jumping mouse habitat, and drainage way. A trail system will be incorporated in the development.

There were no major comments or concerns from referral agencies on the proposed PD zoning.

The proposed conditions for the map amendment ordinance establishing the PD zoning were:

1. Annexation of Willow Springs Ranch Additions No. 1 and No. 2 shall be approved and recorded prior to recordation of the zoning ordinance.

2. Any necessary technical corrections shall be made prior to recording of the rezoning ordinance.

PD sketch plan comments: Griffith reported that the plan gives the town and the applicants’ assurances that the land uses, densities, and major road configurations are acceptable. Actual densities and design guidelines will be defined at the next stage of development planning, a preliminary PD site plan.

The sketch plan complies with the town’s comprehensive plan’s land use principles and policies. The applicants have provided wildfire mitigation and vegetation preservation plans.

The Willow Springs Ranch development will be divided into two unconnected segments, with the north portion using Mitchell Avenue and Second Street for access to I-25 and the south portion using Baptist Road.

The applicants will provide right-of-way along the northwest boundary of filing 1 to extend Mitchell Avenue to the southwest, though not far enough to connect with the existing north dead-end of Forest Lakes Drive. The land that would be needed to connect the two dead-ends lies within El Paso County and is largely mouse habitat. Construction of an expensive bridge above the habitat would be required.

The county and Forest Lakes Metro District have asked the town to ensure that equitable cost-sharing agreements for all required infrastructure improvements, including necessary road improvements to Mitchell Avenue, Forest Lakes Drive, and Baptist Road, and the proposed $11 million BRRTA bridge over the railroad tracks are part of the town’s annexation agreement with the applicants. The county also asked the town to ensure that internal development trails have adequate connections to the county’s existing and proposed trails.

Lewis-Palmer School District 38 has expressed concerns that the Willow Springs Ranch proposal far exceeds the district’s ability to pay for building additional school capacity needed for the children who would live there. There is no existing school capacity to serve them. The district is at its statutory limit for bonding and cannot bond for additional facilities to serve the development. The district is asking for usable land within the development for building a school.

This lack of capacity could be partially mitigated if the county were to agree to donate the proposed county school site within the adjacent Forest Lakes development to D-38. However, if the county were to do that, the town would still have to require a substantial increase in the currently required cash-in-lieu amount payment from the Willow Springs Ranch applicants to D-38. That cash payment would have to be equal to the actual market value of land within the district for a school site. The current town policy for collection of only $300 per house in lieu of 10 acres of donated land does not provide enough money to the school district to pay for the necessary additional facilities for new developments within Monument.

Note: D-38 has had problems obtaining sufficient usable land from the landowner to build an elementary school within the currently stalled Home Place Ranch development on Higby Road.

The conditions for the PD sketch plan proposed by the staff were:

1.  The maximum number of residential units shall not exceed 450 units and shall be adjusted downward if necessary based on the dedication of water rights to the town in conformance with the town’s water standards.

2. Cash-in-lieu-of-land school dedication fees shall be based on the average market value of land in the school district. Fees shall be collected at the time of each land use permit.

3. Written documentation shall be provided from the U.S. Fish and Wildlife Service that the 10-acre park use is acceptable within mouse habitat and that it can be developed with playground equipment and picnic facilities, and that the proposed trail system has been approved, or alternate locations will be dedicated and approved. Approval from Fish and Wildlife should also include that the existing ranch buildings and homes can remain within the habitat and be converted to community uses.

4. Written documentation shall be provided from the Fish and Wildlife that the proposed trail system has been approved, including connections to the county Regional Trails, or alternate locations will be dedicated and improved.

5. The 2.5-acre park will be constructed to include playground equipment sufficient to serve the needs of the residents of the development, including at least one playfield, while maintaining native trees and shrubs to the extent possible. A sledding hill will be provided, if feasible.

6. Trail connections and easements will be provided for the Regional Trail system, including the construction of on-site connections to the Santa Fe and Forest Lakes Trails. The final location, design, and dedication of these trails shall be approved by the town and shall be based on the input of the county Parks Department at the time of Preliminary and Final Planned Development Plans and Preliminary and Final Plats.

7. A water-line connection between the north and south development phases shall be shown on the Sketch Plan map.

8. Technical corrections shall be made prior to finalization of the Sketch PD Plan.

Maynard and Tasha Norman of NES gave the applicants’ presentation. Much of Maynard’s presentation was summarized in Griffith’s three separate staff reports to the board, summarized above. Some of the other main points Maynard discussed were:

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No one spoke in favor of the project.

Town resident Sarah Hammond asked about the proposed southward extension of Mitchell Avenue. Mayor Glenn said that Mitchell Avenue would be discussed after the conclusion of the hearing.

Hammond asked how the town could agree to construction of 450 new houses when the town distributes annual notices restricting water used for landscaping and car washing, particularly when the applicant does not have a firm agreement with anyone for the required additional water. "Don’t give me a notice to scrimp on water again. All of the sudden we have water?" Glenn said that state water engineers and hydrologists have determined that there are an additional 70 acre-feet per year of water available from Forest Lakes Metro. Glenn added that the watering and car washing restrictions will continue indefinitely.

Note: House Bill 0801141 would require that water be available for all new construction indefinitely, while the town only requires that groundwater be available for 100 years from all four aquifers. The county has a 300-year groundwater requirement.

County resident Sara Nasby said she lives just north of the proposed Forest Lakes elementary school site. She read aloud extended portions of several sections of the county’s Tri-Lakes comprehensive plan regarding the Twin Valley area. She noted that the proposed development would not comply with the minimum five-acre lot rural residential standard. She asked for construction of an 8-foot-tall noise wall along the boundary with the existing adjacent rural residential lots that are not being annexed.

Nasby noted that consultant Nolte Engineering had prepared a 23-page report for the county on how to extend Mitchell Avenue. The Nolte report stated that the extension would require 120 feet of right of way, not 80 feet. Nolte said that Mitchell would go through the center of the Watt property rather than west of it through her neighbor’s property.

Nasby said that NES had previously written a letter to the Town of Monument on behalf of the Forest Lakes development noting the concerns of county residents for what she characterized as a "huge road" next to their properties. She noted previous county plans to connect the existing north end of Forest Lakes Drive to the aligned south end of Rickenbacker Avenue, which connects to Mitchell Avenue via Arnold Avenue, at a much lower cost. This alternative alignment would not require a substantial condemnation through the center of neighbor Georgia Ward’s property. "Let’s not put the cart before the horse. Let’s find out exactly where the road is going. Let’s have a little bit more dialog with the existing residents."

Adjacent county resident Chris Jube noted that the proposed extension of Mitchell Avenue to the southwest through mouse habitat would be expensive and require significant planning for a 120-foot-wide highway. He noted that the town’s proposed bridge will divide Ward’s 30 acres in half, devaluing the elderly widow’s land considerably, adding additional cost to what will be a very expensive, "hefty" bridge.

Jube stated that his home is adjacent to the Tri-Lakes Wastewater Treatment Facility. The prevailing winds across the facility blow directly into the proposed development year-round. He said the wastewater facility does not present an odor problem to his home more than once or twice a year, when the wind temporarily comes from the east. He said the town should require the developer to pay for covers over the four ponds at the facility before houses are allowed to be built.

Jube noted that the Forest Lakes and Willow Springs Ranch development were inconsistent with the Tri-Lakes Comprehensive Plan and the proposed density is double that of the Forest Lakes development. The trail system would be a security danger to his family as well as to the adjacent landowners’ horses and other livestock.

County resident Georgia Ward noted that she had watched Colorado Springs approve "subdivision after subdivision" over 30 years. She said the "subdividers were allowed to do anything they wanted and then the city paid the price afterwards" in the form of huge bridges that are being built too late to solve traffic problems. She noted that Infinity does not want the Mitchell extension to go through its land. Monument taxpayers may be reluctant to pay the very high cost of the needed bridge over a floodplain, with 15-foot-deep floods, and mouse habitat when flat dry land is available within the Infinity property. "Who on earth is going to pay for the bridge?" She noted that her neighbors weren’t informed of the proposal being "rushed through" by the staff.

County resident Richard Nasby said the project will not provide Lewis-Palmer School District 38 the proper resources of "$4,000 per roof." He said Infinity was trying to push the proposal through before the D-38 cash-in-lieu-of-land fee could be raised.

Nasby also noted that he had called the "county planning department" (actually the development services department) about the Mitchell Avenue extension and had talked to El Paso County Long Range Planning Division Manager Carl Schueler. Nasby said that Schueler informed him that he had never seen the plan and called it "highly unorthodox" for the town to proceed without coordinating with the department.

Nasby also said that the proposed right of way would be only 30 feet from his horse barn, making the barn unusable. He said the town is approving this right-of-way realignment before the county’s Major Thoroughfare Task Force can hold an emergency meeting to review the new Mitchell Avenue alignment for the first time on Feb. 12.

Ron Murphy, a development consultant for the adjacent rural properties to the east, said that Mitchell Avenue would be inadequate as an 80-foot-wide, two-lane collector road. The new alignment of Mitchell Avenue through county landowners’ properties appears to be the lowest cost option, but could be perceived as a misuse of the town’s condemnation powers. Glenn replied that the town had not looked into acquisition of the county land for the new right-of-way. Glenn also said that Old Denver Highway would become a major county arterial.

County resident Steve Phillips said that the density of Willow Springs Ranch would actually be four times the density of the proposed Forest Lakes development to the west. He said that the development proposal approval process was being rushed.

Phillips asked where the wells would be drilled for the two projects, how deep they would be, and what would happen to the neighboring individual landowners’ wells. Glenn replied that no engineering studies have been performed on where to place the wells. Phillips said the town should have a responsibility not to harm adjacent individual wells.

Phillips also asked who would pay for the extension of Mitchell Avenue and the expensive bridge. Glenn replied, "I’ve asked you people before that we’re talking about an annexation and you keep bringing up Mitchell." Phillips and several others in the audience said they were offended by being called "you people." Glenn said, "I apologize, for the moment." Glenn also said the county had not dealt with the Mitchell Avenue problem and the town was trying to take it on. Phillips said that the developer should pay for the extension to Mitchell to connect with Baptist.

Glenn said that the speakers from the county would benefit from the emergency access provided by the Mitchell Avenue extension. Phillips replied that there are two sufficient primary exit routes for those in the county west of Mitchell Avenue, via Arnold Avenue and Spaatz Road to Lindbergh Road.

The public hearing was then closed for the developer’s responses to public comments.

Developer Paul Howard said that the Mitchell Avenue extension is a town project that has nothing to do with his development. A buffer will be built along the northwestern boundary by the large rural lots, but not by the Synthes Avenue industrial area in the northern filing or the proposed Forest Lakes town houses adjacent to the south filing.

Maynard said that the applicant would pay whatever cash-in-lieu fee the town and D-38 determine is appropriate for the proposed development, based on current land values. He expects that to be about $1,200 per house, similar to other regional school districts. The higher fees will be paid when each building permit is issued by the town. Griffith said the new ordinance for the new D-38 house fee would go to the town’s Planning Commission in April. Howard said he would pay the increased fees as each lot’s building permit is issued.

Maynard noted that the county planning staff had in fact reviewed the three proposals prior to this hearing and that their comments were included in Griffith’s staff report. The county had asked for fair and equitable contributions, in addition to standard BRRTA road use fees, to all the affected transportation systems including Forest Lakes Drive, Baptist Road expansion west of I-25, and BRRTA’s bridge over the railroad tracks.