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Below: As can be seen by the waterfall over the spillway at the southeast end of the renovated dam, Monument Lake has been completely refilled thanks to the efforts of Director Rich Landreth the staff of the Monument Public Works Department in arranging the necessary Monument Creek water exchanges.The water level had been lowered recently to inspect the spillway and determine if any repairs were needed. The renovated shoreline on the east side of the lake is now a pleasant place to relax with a lawn chair and a fishing pole or launch a canoe or paddle-boat (no outboard gas motors allowed). Photos by Jim Kendrick.

Plan your 4th now

The Monument Fourth of July Parade traditionally is made up of over 100 entries and draws an estimated 20,000 spectators. The parade, sponsored by the Monument Hill Sertoma Club, is known as the "Biggest small-town parade in Colorado."

The theme for the 2008 parade is "We the People." For more information, visit www.monumenthillsertoma.org. 

Ride the bus and avoid the hassle. Parking is available at local schools, with free bus shuttles running 8 a.m. to 1 p.m. On the west side of I-25, buses will run between Palmer Lake Elementary School and Beacon Lite Road at Vitamin Cottage. East of I-25, buses will be available at Lewis-Palmer Middle School, Monument Park & Ride, Lewis-Palmer High School, and Creekside Middle School to and from Beacon Lite Road and Second Street. For more information, call Mary Martin, 481-1889.

In addition to the parade, there will be a variety of other events including a pancake breakfast, fun run, street fair, and "The Best Small Town Fireworks Show in America. See July 4th events article for details.

At a special meeting May 29, the Baptist Road Rural Transportation Authority (BRRTA) approved an agreement with Valero Corp., which owns the Diamond Shamrock truck stop on the northwest corner of the state’s I-25 Baptist Road interchange. Valero had agreed to the BRRTA resolution approved in April for donation of right-of-way to the Colorado Department of Transportation (CDOT) that is needed for a new dual-lane southbound off-ramp and additional lanes on westbound Baptist Road.

Valero then asked for this more formal agreement that specifies the Dec. 31 deadline for Monument to complete construction of water and wastewater lines to the truck stop. A condition of approval was that CDOT process a special use permit in early June that will give Valero an easement in this agreement for the company to come back onto the land donated to CDOT to remove and replace all the contaminated soil in the truck stop’s leach field as well as the failed septic system. The deeds for the various pieces of land will not be tendered to CDOT until Valero receives approved special use permits for the mandatory septic system cleanup. Only then will CDOT allow BRRTA to advertise for construction bids for the interchange expansion.

The BRRTA board also approved an intergovernmental agreement splitting sales tax revenue with Pikes Peak Rural Transportation Authority (PPRTA) in the areas where the two entities’ boundaries now overlap. Originally, BRRTA was excluded from PPRTA. Since then, BRRTA has included some land within PPRTA. The estimated 2008 revenue to be split in half is $44,000.

All five members of the BRRTA board were present: County Commissioners Wayne Williams, Dennis Hisey, and Amy Lathen, and Monument Mayor Byron Glenn and Trustee Travis Easton. Easton has replaced former Monument Trustee and BRRTA board member Dave Mertz, who chose not to run for re-election in April.

Negotiations with Valero for this right-of-way donation over the past 16 months have been conducted by CDOT right-of-way specialists, BRRTA board members, and the project’s consultant construction contract manager Bob Torres of Denver engineering firm Carter Burgess.

CDOT advised BRRTA, Monument, and El Paso County that it did not anticipate having sufficient state Senate Bill 1 road construction funds available to pay for the I-25 Baptist Road interchange expansion project sooner than 2019. CDOT then added the interchange to the Colorado Statewide Transportation Plan and the CDOT Region 2 Transportation Plan. All aspects of the expansion of the state’s interchange must be approved by CDOT even though the department is not paying for the bridge and ramp widening at this time.

The BRRTA board opted to finance and build the interchange expansion rather than wait until CDOT funds might become available, due to continuing safety problems that occur routinely at rush hour. In November 2006, BRRTA voters approved a temporary 20-year, 1-cent sales tax to pay for $21.5 million in privately held transportation revenue bonds. The voter-approved BRRTA ballot initiative limits the total expense for issuing and redeeming all the bonds to $50 million.

The state owns the existing interchange, including the existing two-lane bridge and Baptist Road lanes within the boundaries of the interchange. In accordance with state statutes, however, BRRTA will own the new lanes of Baptist Road and the two new four-lane bridge spans as well as all their new associated traffic lights, signage, and landscaping. BRRTA will be responsible for all future maintenance costs of these items throughout their normal service life.

Should state funds become available, CDOT will reimburse BRRTA only for what the construction contract would have cost at the time of the 2006 BRRTA sales tax initiative: $16.3 million. CDOT will not reimburse BRRTA for interest, inflation, or any other administrative costs related to BRRTA’s bond issue, nor any portion of BRRTA’s future maintenance costs for the new bridge, new lanes, traffic lights, and landscaping that BRRTA constructs during their useful lifespan.

BRRTA must also pay CDOT up to $200,000 for construction review and oversight services leading to state approval of each portion of the construction project to ensure that BRRTA’s work meets CDOT standards.

BRRTA had originally planned on obtaining donations of all the needed right-of-way from the adjacent landowners in return for the increase in the value of their land due to BRRTA’s improvements to the interchange. BRRTA had also planned on obtaining construction bids before conducting the bond sale to minimize the risk of having insufficient funding if original cost estimates proved inaccurate. Delays in getting the donations quickly caused a change in BRRTA’s plans, however.

BRRTA chose to sell the bonds in early May 2007 so that it could initiate the 1-cent sales tax on July 1 rather than have to wait another six months, per state statutes, for the next available opportunity to start collections on Jan. 1, 2008. This created some additional risk because BRRTA did not know the actual cost for the winning construction contract prior to the bond sale, as had originally been planned. It still doesn’t know the actual cost.

Due to high rates of construction cost inflation, contractors’ bids are often only valid for a few weeks. CDOT previously said that it would not allow BRRTA to advertise for bids until BRRTA had obtained and transferred deeds for all the necessary right-of-way to CDOT. Over a year later, there has still been no advertisement for a bid because BRRTA has not yet obtained all of the necessary right-of-way for the project. BRRTA is less able to pay for right-of-way now, and delays of six to nine months to carry out condemnation by eminent domain may result in bids that are higher than the net amount BRRTA received from the bond sale.

However, CDOT has recently waived this policy to allow BRRTA to begin all planned construction on the west side of the interchange once BRRTA obtains the necessary right-of-way from Valero for that portion of the project. CDOT owns enough right-of-way adjacent to the state’s existing two-lane bridge over I-25 to also allow BRRTA to start construction of the new westbound four-lane bridge when Valero’s right-of-way donation to CDOT is completed.

This CDOT waiver to advertise for construction contract bids without first obtaining all necessary right-of-way reflects how funding for the bridge may be compromised by continuing inflation if there are further delays in awarding the contract.

Road-building costs have been escalating dramatically. Some of these costs are rising by as much as 40 percent per year. If all the construction bids are too high to be paid for by the remaining proceeds from the sale of $21.5 million in bonds, the project will be abandoned and BRRTA will liquidate its privately held revenue bonds. The BRRTA sales tax will be terminated after all administrative costs, principal, and interest for bond redemption have been paid off in any case. However, bidding has become much more competitive now that the number of road projects has dwindled, and the BRRTA board and staff are still confident that $21.5 million is enough to complete the project.

The Schuck Corp., owner of much of the vacant land on the south side of Baptist Road between I-25 and the Santa Fe Trail down to the north boundary of the Air Force Academy, quickly donated the right-of-way that BRRTA needed on the southwest corner of the interchange as well as the south side of Baptist Road between the interchange and Old Denver Highway. None of this donated land is protected Preble’s mouse habitat.

CDOT already owned the land on the southeast corner of the interchange between I-25 and the new four-lane extension of Struthers Road to connect to the existing Jackson Creek Parkway intersection. Nearly all of this land on both sides of Jackson Creek, except for the now-abandoned two-lane frontage road that will become the new northbound off-ramp, is mouse habitat. Road construction in this protected CDOT land is prohibited between April 1 and Nov. 1.

Hopes for expeditious donation of right-of-way by the landowners of commercial properties adjacent to the interchange on the north side of Baptist Road have been dashed month after month since the successful ballot initiative, however. The owners of these four Monument parcels are:

After over a year of pre-application discussions with the Monument Planning Commission, the Board of Trustees, and town staff beginning in 2004, ADK obtained approval of a preliminary Planned Development site plan on Feb. 21, 2006, for 352,000 square feet of commercial space in four separate lots in early 2006 and agreed to donate right-of-way for several new westbound lanes of Baptist Road between Jackson Creek Parkway and the existing Foxworth-Galbraith fence. In return, the town approved an access for Timbers Drive, which will run north-south between Jackson Creek Parkway and the hardware store parcel, onto Baptist Road in the center of the ADK frontage. The hardware store parcel was not part of the approved Timbers preliminary plat and preliminary PD site plan.

This Timbers Drive access will be about 300 feet east of the existing fence between the THF and ADK properties. There will be a dedicated left-turn lane constructed in the median for turns into the Timbers development from eastbound Baptist Road, as well as dedicated westbound deceleration and acceleration lanes.

However, ADK has still not yet made the mandatory right-of-way donation that was a condition of approval for its site plan over two years ago despite several announcements that the donation was imminent. ADK and Phoenix Bell never recorded their approved site plan and subdivision improvement agreement with the county.

The southeast portion of the ADK parcel is unusable due to Jackson Creek drainage, a floodplain, and the associated Preble’s mouse habitat. About half of the ADK frontage on Baptist Road is mouse habitat on either side of the Jackson Creek drainage.

A significant engineering hurdle for road construction during this six-month window is the need to install much larger stormwater drainage culverts under Baptist Road designed to handle a 100-year flood in the Jackson Creek drainage area. The existing Jackson Creek culvert under Baptist Road is too small to handle a significant 100-year flood, and the existing roadway would be washed away. During the planned construction period, these mouse and drainage problems will further complicate the severe traffic backups that have routinely occurred on the east side of the interchange during rush-hour periods since Jackson Creek Parkway was extended north of Lyons Tail Road to Higby Road.

Another condition of Monument’s approval of ADK’s preliminary site plan was that it must provide a road easement connecting the northeast corner of the hardware store property to Timbers Drive, the main access road through the Timbers parcel. Without this access easement, the hardware store property would be landlocked due to the planned closure of Struthers Road between Baptist and Higby Roads.

Representatives of ADK have informed Glenn for months that ADK will donate right-of-way for widening Baptist Road, but BRRTA has still not approved any paperwork at a public meeting regarding a transfer of ownership to CDOT.

THF initially told the Monument Planning Commission and Board of Trustees that it planned to purchase the hardware store property and the ADK parcel. THF asked Monument to approve an increase in the maximum allowable Timbers at Monument square footage from the previously approved 352,000 square feet to 600,000-700,000 square feet for the combined parcels. THF requested that the town waive any proportionate increases in any of the town’s various impact fees for the increase in allowed space as an inducement to THF in return for a significant increase in future sales tax revenues.

THF similarly asked BRRTA to approve a waiver of any increase in BRRTA road use fees for up to 348,000 additional square feet of THF commercial space on April 13, 2007, and again at the next BRRTA meeting on May 4. THF asserted that approval of the waiver would induce THF to begin Timbers construction a year sooner than originally planned and would generate an additional $11 million in BRRTA sales tax revenues. BRRTA’s bond consultant, Mike Lund of Piper-Jaffrey, said that there would be sufficient BRRTA sales tax revenue to pay off the $21.5 million even if no new businesses were built within BRRTA for the next 20 years, including no Timbers at Monument construction. The BRRTA board unanimously rejected the THF road use fee waiver request.

THF recently purchased the hardware store property but has not purchased any of the Timbers at Monument land from ADK or Phoenix Bell. There have been no plans presented at a public meeting to show how the Timbers site plan would be modified by THF if it purchases the ADK parcel.

THF has still not budged on a donation of right-of-way for the lanes that will lead to the new westbound span or the new dual-lane northbound on-ramp that will be built to the east of the existing on-ramp after Struthers Road is demolished. BRRTA has taken no action to condemn the needed THF right-of-way, due in part to costs that would be involved in purchasing the land at fair market value and the delays that would be unavoidable if the case goes to district court. BRRTA needs land inside the existing southern hardware store fence line to widen Baptist Road from two to seven lanes.

All of this needed right-of-way must be deeded to the state before CDOT will allow the construction to begin on this portion of its interchange. An additional six- to nine-month delay for an eminent domain condemnation of the THF right-of-way might result in total project costs being too high to proceed.

State revenues are below expectations, and Glenn and Williams have stated that the planned expansion of I-25 to six lanes from the south gate of the Air Force Academy (Exit 150) to the top of Monument Hill (Exit 163) may be the last major highway project funded by the state for this region for some time.

None of the THF right-of-way is in mouse habitat. However, there are several underground utilities in separate easements in this area that will have to be relocated. This has complicated negotiations performed by Denver engineering firm Carter-Burgess, BRRTA’s contract manager for the interchange project.

Utility relocations, particularly the construction of new Mountain View Electric Association power lines between the King Soopers and Monument Ridge shopping centers, have significantly delayed the construction of the new eastbound lanes of Baptist Road between Jackson Creek Parkway and Leather Chaps Drive.

In January 2008, the El Paso County Board of County Commissioners approved a Memorandum of Understanding that would allow Phoenix Bell to construct six road accesses across the county’s Santa Fe Trail to Old Denver Highway, one for each of the six lots in the Phoenix Bell parcel. In return, Phoenix Bell agreed to donate right-of-way to BRRTA for widening Baptist Road between the Valero Parcel and the Santa Fe Trailhead. Phoenix Bell also gave a road easement to Valero for a new access to the northwest side of its property to replace the current truck stop entrance on Baptist Road, just east of the interchange, which will be eliminated by curbing for the new westbound acceleration lane.

In return for the Valero right-of-way donation, the Town of Monument had previously agreed to construct a water and wastewater line to the truck stop property line from the intersection of Baptist Road and Old Denver Highway. Water service is to be provided by the town. Wastewater service is to be provided by Triview Metropolitan District, which has an existing sewer interceptor line at the Old Denver Highway intersection. The wastewater collection line must be completed and service made available by the end of 2008 due to the failure of the Diamond Shamrock septic system and a subsequent order from the county Health Department to Valero, requiring it to correct the problem or shut down operations.

All the contaminated earth surrounding the failed septic system must be excavated and disposed of as hazardous waste before the southbound off-ramps and westbound lanes can be constructed in this area.

Under an entirely separate contract with the Town of Monument, Carter-Burgess will design and construct the new water and wastewater lines for the truck stop.

The BRRTA board unanimously approved the Valero right-of-way donation agreement, based on the condition that the town, CDOT, and Valero separately agree that sanitary sewer service to the truck stop by Triview can be guaranteed by the end of December as required by the county Health Department.

The new lanes and curbing for the westbound lanes of the expanded interchange will eliminate the current entrance to the Diamond Shamrock truck stop. An alternate access easement and roadway will be constructed by BRRTA within the adjacent vacant pasture land to the west that is owned by Phoenix Bell.

However, the south end of this main north-south access road for the Phoenix Bell parcel has not yet been approved by the CDOT because it lies directly within the right-of-way for the long-abandoned original Denver Highway. The disintegrating concrete in this abandoned roadway was never removed by Phoenix-Bell.

Now, the CDOT historian must determine whether this old roadway is sufficiently historic to be preserved and protected under federal statutes enforced by the Department of the Interior. The historian has not yet indicated when he will make his final decision on the matter. If he decides that the roadway must be saved, new negotiations between Phoenix-Bell and Valero must be concluded on a realigned access road.

Torres said that he hoped to publish the advertisements for the construction bids by mid-June, have a construction contract awarded sometime in July, and a have a notice to proceed with construction issued to the winning contractor sometime in August.

Torres also asked the board to consider using concrete, rather than asphalt as previously planned, for building the new Baptist Road lanes between the Jackson Creek Parkway intersection and the new bridge sections. Torres said the price of asphalt has risen to $100 per ton, which may now make a concrete roadway a more cost-effective option than in the past.

The board asked Torres to determine how the planned bidding process might have to be amended to allow for alternate bids for lanes paved with asphalt or concrete. All the board members concurred with Torres that they would solicit only fixed-price bids. Torres noted that the length of time highway construction bids remain valid has been steadily declining—to as little as two weeks in some cases. This may require board members to hold a special meeting, between the regularly scheduled meetings, to promptly determine the winning bid before the submitted bids’ fixed costs expire.

Torres also asked the board to consider temporarily closing Baptist Road between Jackson Creek Parkway and the interstate to help ensure that all necessary road construction can be completed between Nov. 1 and April 1, assuming the necessary right-of-way is obtained by then from THF and ADK.

Access to I-25 for motorists who typically use the Baptist Road interchange would be provided by a detour along the just completed Struthers Road connection of Baptist Road to the Northgate Road interchange (Exit 156).

Torres said there were three specific benefits to his proposed road closure:

This detour option is also listed on page 3 of the just published PPRTA annual report. "This extension will provide a vital detour route … during the construction of the new I-25 interchange at Baptist Road." PPRTA provided all the funding for this four-lane Struthers Road extension. The right-of-way for the now-abandoned Old Struthers frontage road south of Baptist Road will be used for construction of the new northbound dual-lane off ramp. However, none of the proposed construction on the east side of the interchange to the Jackson Creek Parkway intersection will be authorized by CDOT until ADK Monument Developers, LLC, and THF Realty provide deeds for their right-of-way to the state.

Baptist Road motorists could also use Jackson Creek Parkway for access to the Highway 105 interchange (Exit 161) during the proposed detour period.

Williams emphasized that BRRTA would seek public input before any decision is made on the proposal to temporarily close Baptist Road west of Jackson Creek Parkway.

Monument elected not to participate in the PPRTA temporary 10-year, 1-cent sales tax that was initiated in July 2004. Since then, BRRTA has included areas outside of the town boundary that were previously included in PPRTA. Monument has also annexed some portions of PPRTA since that election. However, a large portion of recent BRRTA inclusions still lies outside of Monument’s expanding boundary.

Monument did not create its own corresponding 1-cent tax because it would have had a similar conflict with BRRTA’s. Monument is not a party to this intergovernmental agreement to split sales tax revenues 50-50 for businesses that lie in the overlapped areas.

The sales tax limit in the area where the two authorities’ borders overlap can be no more than 1 cent. Actual revenues from the temporary 1-cent sales taxes paid in the overlapping authority areas are forwarded to the state Department of Revenue. The department is currently forwarding all of them to PPRTA.

The meeting adjourned at 8:35 a.m.

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The next regularly scheduled meeting will be held on June 13 at 2:30 p.m. in Monument’s Town Hall, 166 Second St. However, a special meeting may be called prior to that date to approve any documentation needed to expedite advertising for construction bids. Regularly scheduled meetings are normally held on the second Friday of even numbered months. Information: 884-8017.

Below: Colorado Springs Police Department Lt Skip Arms (right) and Monument Police Department Robert Stewart solicited financial support from the Monument Board of Trustees May 5 for the the Pikes Peak Region Peace Officers Memorial to be built in America The Beautiful Park to honor 24 officers killed in the line of duty since 1895. The Pikes Peak Community Foundation’s goal is $750,000 in tax-deductible donations to complete the project. See www.PeaceOfficerMemorial.com for additional information. Photo by Jim Kendrick.

At the May 5 meeting, the Monument Board of Trustees annexed the northern 85 acres of the Wakonda Meadows parcel between Beacon Lite Road and the Santa Fe Trail north of Eighth Street. The board also approved rezoning the newly annexed vacant land as Planned Development (PD) and a preliminary sketch PD plan proposed by land owner and developer Zonta Partnership Ltd. The southern 13-acre portion of the parcel, just north of the Century Park residential development, is already part of the town. All seven board members were present.

The board first unanimously approved a resolution stating that the petition from Zonta Partners LLC for the annexation of Wakonda Meadows conforms to state statutes and was eligible for consideration by the board. There were no citizens’ comments made during this eligibility hearing or the other three hearings that followed. The board also unanimously approved the annexation petition without comment.

During the rezoning hearing, Trustee Gail Drumm said the town should take ownership of the area to be dedicated as parks at the southern end of the project for expansion of the cemetery.

Owner Doug Barber said that Zonta would no longer be interested in the project if the town required construction of a cemetery at the main entrance to his proposed residential development of 85 large single-family homes and 48 multi-family units.

The board then unanimously approved the rezoning to Planned Development and the sketch PD plan. The board approved all the same conditions that the Planning Commission had approved.

For details of this residential project see www.ourcommunitynews.org/v8n4.htm#monpc listing information presented by the applicant at the March 12 Planning Commission hearing. The Planning Commission approved the annexation, zoning, and sketch plan with each of the conditions recommended by the staff.

Trustee Travis Easton reminded everyone that the Tri-Lakes Chamber of Commerce would hold its fishing derby on Palmer Lake on Saturday morning, June 7.

Trustee Tommie Plank noted that this summer’s Art Hops in downtown Monument had resumed. They are held on the third Thursday of the month, 6-8 p.m.

Trustee Tim Miller reported that he had received a letter from state Rep. Amy Stevens, a Monument resident, about an allegation from county resident Richard Nasby about an "illegal" meeting that Mayor Byron Glenn and some staff members held that may have violated the "sunshine law" regarding the possible routings of the southward extension of Mitchell Avenue. Stevens’ letter said she had referred Nasby’s accusation letter to the state Attorney General’s Office. The attorney general’s opinion was that a meeting of one trustee and one county commissioner with one county and one town staff member was not a violation. The law states that three or more trustees or commissioners must meet to discuss official business.

Glenn reported that traffic has been redirected from the northern Baptist Road lanes to the now paved southern lanes between Jackson Creek Parkway and Leather Chaps Drive. The construction of the new westbound lanes between these two intersections has begun.

Glenn also said that the Baptist Road Rural Transportation Authority was still waiting for right-of-way donations that would save a substantial amount of taxpayer dollars in the construction of the I-25 Baptist Road interchange expansion.

Drumm reported that the Rocky Mountain Rail Authority had awarded a contract to study the viability of Front Range passenger rail service from New Mexico to Wyoming and from Denver to Utah. The results of the study should be available in one year. The Pikes Peak Regional Building Department has laid off staff due to the steep decline in residential and commercial building and associated loss of fee revenue.

Drumm said that he had gathered some preliminary figures on town cemetery operations that show income is twice as much as spending. He suggested that the town require Zonta Partnership to convert the land planned as park space within the Wakonda Meadows project to a cemetery expansion. Drumm also said the Public Works Department should require ground-level grave markers in the future to make grass cutting and other maintenance more efficient.

Chuck Roberts, director of the Tri-Lakes Senior Alliance and board member of the Tri-Lakes Health Advocacy Partnership, gave an update on contributions and spending allocations for local seniors programs. He asked the board to follow up on the promised donation to seniors programs from any leftover funds in the board’s discretionary fund from the end of 2007, as promised at a November board meeting. "We have not received that check yet and just wondered what happened." Treasurer Pamela Smith replied that she had directed that a check for $1,500 be sent to Roberts per the board’s direction, and it should be available the next morning.

Roberts also read an e-mail he had received from Tim Irish, the developer of the proposed Arbor Mountain senior living facility on the south side of Highway 105 east of the Knollwood Drive intersection. In the e-mail, Irish complained about some alleged actions of town staff that were delaying progress on the project. Roberts said there was a "lack of good communication between the two parties" and he was acting as an advocate to break up "roadblocks."

Irish wrote that he did not know he had been placed on the agenda of an April 7 board meeting for a facility update briefing. The construction plans for the project were not finished at that time.

Irish wrote that he has negotiated an agreement for a water exchange between the town and the Woodmoor Water and Sanitation District as suggested by Town Manager Cathy Green.

Arbor Mountain lies within the Woodmoor special district on the east side of I-25. Woodmoor has no more excess water to sell within the Villages at Woodmoor development.

The town only provides water to residents on the west side of I-25.

Woodmoor has offered to deliver the extra town water that is to be transferred to the senior facility. Extra water is needed to support the very high density for 57 senior living units on only 2.5 acres of land.

Green responded that Irish had requested that he be placed on the April 7 agenda, contrary to Irish’s e-mail remarks to Roberts, then failed to show up or notify the staff that his item should be continued. She stated that, contrary to Irish’s assertion, she had not suggested the water exchange, though Woodmoor has since offered to sell water to Arbor Mountain if the town provides the needed additional water to the special district. Green said the board would have to decide if it wanted to sell excess town water to Irish and how to exchange the water with Woodmoor, once Irish presents his facility development application for town approval.

Director of Development Services Tom Kassawara added that he had informed Irish seven months ago that there was no reason to schedule a board agenda item until Irish had secured the additional water rights and that Woodmoor had no excess water to sell to the senior facility’s needs. It was up to Irish to find and purchase excess water rights to meet the requirements for the facility that cannot be supplied with the rights that go with the land the town conditionally donated to the project.

Glenn said it was important that town seniors know that the town is not holding up the project. He suggested that the staff look into other uses for the land if the town has to take back the donation should Irish be unable to complete the senior housing project.

Lt. Skip Arms of the Colorado Springs Police Department gave a presentation on progress regarding creation of the Pikes Peak Region Peace Officers Memorial in America The Beautiful Park for 24 officers killed in the line of duty since 1895. He showed a seven-minute DVD on the purpose of the project and fund-raising. Monument Police Cpl. Rob Stewart is the town’s liaison to the project committee for various fund-raising activities over the past year, such as trying to set a world’s record this summer at the Sky Sox stadium for the most people ever handcuffed together. The board asked the staff to determine if the town could make a contribution to the project from the board’s discretionary fund and propose an amount. Arms said the project needs about $750,000 in tax-deductible donations.

The board unanimously approved a contract with Forest Lakes Metropolitan District to vacate those portions of the town’s water utility easements within Forest Lakes that are not needed for construction of transmission lines that connect the Forest Lakes water tank to the town’s potable water supply system. Monument has indefinitely leased about one-third of the capacity of the tank, having paid for expansion of the tank prior to its final design and construction to exploit water rights the town owns within the metro district.

The town will also own the transmission lines that transport the town’s portion of the stored water to Monument’s water treatment plant. These lines will be constructed and paid for by the developer of the recent Willow Springs Ranch annexation.

Town Manager Cathy Green noted that the town’s water attorney and water engineer had reviewed and approved the agreement. Forest Lakes will now be able to develop the vacated parts of the town’s easements that were obtained in 1984.

On Jan. 22, the board approved a resolution to end the services contract with Lee Kilbourne of Centennial Services for management of design and construction contracts for the new Town Hall and Police Department building on the southwest corner of Beacon Lite Road and Highway 105. The new building is to be constructed on one of the three lots in Kilbourne’s downtown business development. The town purchased its lot next to Beacon Lite Road in October 2006.

Green said the staff had been negotiating a settlement agreement with Kilbourne since then, but the final documents had not been forwarded to Town Hall for signature at this meeting as had been agreed to and posted in the agenda. The town is arranging for shared services with Kilbourne. There is still an unresolved issue about the town not paying $1,800 in 2006 property taxes on the town’s lot. Smith objected to Kilbourne’s assertion, saying the town has no obligation to pay property taxes. "That just isn’t true. We don’t pay taxes on town property."

Kilbourne is claiming that he paid for a 6-inch water tap he had purchased for another of his properties because he only used a 4-inch tap. There is no signed documentation regarding this change. He is trying to negotiate a refund of roughly $500,000 for the difference in commercial tap fees. Green said the town preferred to offer a free 2-inch tap for his lot next to the new Town Hall lot. The building on the other lot will be about the same size is the new Town Hall.

Plank expressed concern that the language in the draft settlement could be interpreted to also provide free water service in addition to the fee tap. Town Attorney Gary Shupp said he would revise the language in the final document.

Glenn said he disagreed with Kilbourne not having to pay for a portion of the new traffic signal at Beacon Lite Road and Highway 105 and any further transfer of water rights from Kilbourne’s lot in the Synthes industrial park if Kilbourne sells his lot adjacent to the new Town Hall. Plank agreed. Kassawara said that the trips generated by Kilbourne’s building would lead to only a "pretty small" contribution, since a signal is not warranted at this time.

Green asked the board to conditionally approve the draft agreement provided to the trustees. There was a lengthy discussion on various aspects of the settlement agreement. Kilbourne will be allowed to transfer unused water rights from a lot he owns in Synthes industrial park to the Centennial subdivision.

Kilbourne has asked to be exempted from paying any share of costs for a new traffic signal at the intersection of Beacon Lite Road and Highway 105, based on traffic generated within his retained portion of the Centennial development, If Kilbourne is exempted, the town will have to pay the entire cost-share for the new signal that is allocated to Kilbourne’s development.

Green noted that construction costs are rising rapidly. The cost of steel for the new Town Hall building has increased $25,000, for example, since the initial draft construction contract was submitted. The building’s cost could increase even further, much more than the $1,800 cost of the settlement if negotiations are not concluded promptly. The $1,800 settlement would come from unused funds from the design contract. Shupp said it remains to be determined what taxes Kilbourne owed on the lot for the first nine months of 2006 and if the contested tax bill includes the last quarter of town ownership, which is non-taxable. Green said the construction contract cannot be locked in until the settlement agreement is signed and the amended plat for the town’s lot is then recorded with the county.

Shupp said he thought he had reached an agreement on all these issues with Kilbourne’s attorney, but no final documentation had been received for Shupp to present to the trustees.

After further discussion, the board gave the staff discretion on what concessions to give regarding taxes, signal costs, and water as a compromise to avoid further construction cost increases. The board approved the draft agreement with the conditions Shupp and Green had recommended by a 6-1 vote, with Miller opposed. The town staff will take over contract management for the design and construction projects with the architect and builder.

The board unanimously approved an annual liquor license renewal for Eagle Wine and Spirits in the King Soopers shopping center at Baptist Road and Jackson Creek Parkway.

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

Green presented a draft memorandum of understanding prepared by consultant attorney Jim Hunsaker of Grimshaw Harring that lists the topics to be considered in negotiations for the town to take over all administrative and operational aspects of Triview Metropolitan District except debt payments, which would remain the sole responsibility of the Triview Board of Directors.

Green reported that Union Pacific is preparing a list of required and recommended changes along with cost estimates for creating a quiet zone at the Second St. railroad crossing. The required paperwork should be completed in time to start a 90 day public comment period by the end of June.

The adjudication of Monument’s water in water court is progressing. Water attorney Bruce Lytle has had to adjust his estimated legal costs for completing the title upward from $5,000 to $9,000 due to inaccuracies in many of the old surveys.

The meeting adjourned at 8:05 p.m.

On May 19, developer Tim Irish gave the Board of Trustees an update on his planning status for the Arbor Mountain senior living facility that had been originally scheduled for April 7. The town donated a 2.5-acre lot on Highway 105 east of the Knollwood Drive intersection in return for permanent rate reductions for six of the 57 apartments to subsidize low-income residents.

Police Chief Jake Shirk reported on a shooting incident in Monument that had required mobilization of the department’s tactical response team and the Tri-Lakes Monument Fire Protection District’s tactical command center. Fortunately, the incident was resolved before the El Paso County Special Weapons and Tactics Unit (SWAT) arrived.

Trustee Gail Drumm was absent.

Irish, representing Design Properties Inc., discussed progress on facility plans, water issues, and rental rates. Architectural, engineering, and site planning as well as drainage and traffic studies are essentially complete and will soon be ready for submission to the town staff for review and comment. Marketing will begin soon, but 26 of the 57 apartments are already reserved. The rent for the six low-income apartments will be $510 per month, and the other rents will start at $910 per month. There will be no difference in the amenities provided for any of the 796-square-foot units.

The project needs to find an additional 6.7 acre-feet of water to meet the total demand of 8.7 acre-feet. Woodmoor Water and Sanitation District will purchase the excess water from the town of Monument through a water exchange agreement, and then resell it to Arbor Mountain. He asked the board to expedite the negotiations with Woodmoor.

Town Manager Cathy Green said that the actual amount of excess town water requested by Woodmoor for the project was 13 acre-feet, to include a reserve should Irish’s estimates of water use turn out to be too low. She added that Woodmoor plans to sell the water to Arbor Mountain "at a much higher rate" than the town will charge the special district. The difference in rates will be used to fund purchase of an alternative water source within the next 20 years. The town will not be losing money on the water it sells to Woodmoor for use by Arbor Mountain.

Mayor Byron Glenn noted that this project has been in development for four years already and needs to be concluded for the benefit for area seniors.

Glenn asked the trustees to be sure of the facts when they make comments at board meetings, since they are often quoted in newspapers. Glenn stated that Drumm’s statements on April 7 that one truck trip on Old Denver Highway is equivalent to 7,000 car trips was not correct. Glenn said his review of American Association of State Highway Transportation Officials reports showed that the correct figure was 1,125 car trips. Glenn added that Drumm’s quoted assertion that revenues brought in by the town cemetery are twice the costs of maintenance was incorrect as well. He asked the trustees to check with staff on specific issues and cite sources for what they state as facts.

Glenn stated that the Baptist Road Rural Transportation Authority (BRRTA) should soon receive a donation of right-of-way from Valero Corp., owner of the truck stop on the northwest corner of the I-25 Baptist Road interchange (Exit 158). An imminent donation of right-of-way was also expected from Monument Developers LLC, principal owner of the vacant 73-acre Timbers at Monument property, on the northwest corner of Baptist Road and Jackson Creek Parkway. BRRTA should be able to advertise for a bid by June 1 and begin construction in July.

Trustee Steve Samuels, a town representative to Pikes Peak Area Council of Governments meetings, said that the town was very lucky to be able to start the Baptist Road interchange expansion, since the start of nearly every other state highway construction project has been deferred due to lack of state funding for some time to come.

County resident Richard Nasby read a lengthy letter that in general asserted that several members of the board had jobs in the development industry that in his opinion led to constant conflicts of interest that should require them to recuse themselves from discussion and votes on annexation, land use, road building, and similar matters. Nasby did not give the letter to the town clerk for the record, which is a standard procedure at any public meeting.

Town Attorney Gary Shupp said that state statutes have never been interpreted to apply in such a restrictive way as Nasby had proposed. Shupp added that Nasby had proposed an impossible standard that would be impossible to meet and was not necessary to ensure ethical decisions. Trustees do an "exemplary job" of routinely recusing themselves from issues if there is an appearance of a conflict of interest. Trustee Steve Samuels and Tommie Plank also strongly disagreed with Nasby’s assertions.

Town cemetery finances clarified: Treasurer Pamela Smith reported that the cemetery has never been set up as a separate fund and that it is difficult to derive accurate isolated figures from the generalized accounts for the Public Works Department. Her best estimate is that the cemetery costs about $35,000 per year to maintain. Future revenues would total about $124,250 before all the plots are sold, an average of $9,000 per year. Opening/closing fees for plots average about $2,000 per year. The direct employee costs for doubling the size of the cemetery as Drumm had proposed would be an additional $14,000 per year, which would increase the net loss. The total annual cost for the expanded cemetery would be about $64,000 per year. She recommended not expanding the cemetery.

After a second very lengthy discussion, the board unanimously approved an ordinance that will allow town liquor stores to give away up to four 1-ounce wine samples per customer at tasting events. A standard glass of wine is 5 ounces.

Sampling events are very common in Colorado. Shirk stated that there have been no problems with wine tastings elsewhere, and he had no concerns about the new proposed ordinance. Several trustees had been very concerned about people going from liquor store to liquor store on the same day to get free wine.

Eloy Arellano, owner of the Cork and Bottle on Highway 105 and Third Street, had asked for the ordinance to be created. No other liquor store owners have expressed an interest. The governing state statute is far less restrictive than the new town restrictions Arellano agreed to:

Trustee Rafael Dominguez questioned the restrictions that were agreed to last September before he was elected. Arellano said he thought he would conduct only a few tasting events per year, just before major holidays. The board agreed that the 36-event cap could be increased later if there were a request.

This new ordinance does not apply to downtown business owners who give out numerous complimentary glasses of wine during Art Hop events without a town liquor license.

The ordinance was unanimously approved.

The board also approved renewals of liquor licenses for the Conoco fuel station on Highway 105 and the Wal-Mart Supercenter in Monument Marketplace.

Treasurer Pamela Smith discussed the March sales tax results which were $12,068 more through April than in the first four months of 2007.

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

Some of the items Public Works Director Rich Landreth reported were:

The meeting adjourned at 7:42 p.m.

Below: Don Johnson (L) and Ted Bauman (R) received approval for the annual Monument Hill SERTOMA 4th of July Parade, "The Best Small Town Parade in America," from the Monument Board of Trustees June 2. The parade will be held on the usual route through the downtown area from 9:15 a.m. to 12:30 p.m. Photo by Jim Kendrick

The town’s new auditor, John Cutler of Cutler and Associates, gave a very brief report June 2 on his first audit for Monument. The audit was "unqualified," which means no accounting problems were found. Cutler also noted that he found no management problems regarding policies, procedures, or controls. The board unanimously approved a resolution accepting the audit. Trustee Rafael Dominguez was absent.

The board unanimously approved a resolution accepting the five-year update of the town’s stormwater plan, which will be submitted to the state by June 10 for renewal of the town’s five-year stormwater permit. The board praised Public Works Director Rich Landreth for updating the plan himself, a project usually contracted out to consultants who specialize in this expertise.

The board unanimously approved the annual permit for the Fourth of July parade, "the best small town parade in America," as requested by Ted Bauman and Don Johnson of Monument Hill Sertoma. There are no changes in the planned event, which runs from 9:15 a.m. to 12:30 p.m.

The board also unanimously approved a request from Frank Cheesman for the third annual St. Peter Church Parish Festival that will take place Aug. 22-24. The board also approved a temporary liquor license for the three-day festival. First Street between Jefferson and Washington Streets will be closed from 4 p.m. to 11 p.m. Aug. 22, 7 a.m. to noon Aug. 23, and 7 a.m. to 2 p.m. Aug. 24.

The board approved a new beer and wine liquor license for the Second Street Art Market at 366 Second St, for owners Douglas and Heather Buchmann.

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

Town Manager Cathy Green announced a ground-breaking ceremony for the new band shell to be constructed at Limbach Park. The ceremony was held on June 4. (See photo.) The town plans to have the band shell finished in time for the first of the summer concerts held at Limbach Park on Wednesday evenings.

Landreth told the board the three promised patches on the worst parts of Old Denver Highway would be completed within the next few weeks.

The meeting adjourned at 7:15 p.m.

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The next meeting is at 6:30 p.m. on June 16 in Town Hall, 166 Second St. The July 7 meeting has been tentatively cancelled due to lack of agenda items and the July 4 holiday. Meetings are normally held the first and third Monday of the month. Information: 884-8017.

On May 8, the Palmer Lake Town Council announced changes in trustee assignments. They are: Nikki McDonald, Parks and Recreation\Buildings; Dan Reynolds, Police Department; and Richard Allen, Community and Economic Development.

Trustees who remain in their previous assignments are: Gary Coleman, Fire Department; Bryan Jack, Roads; and Max Stafford, Water.

McDonald was also named mayor pro-tem.

By unanimous decision, Gene Ferrin was hired to fill the vacant position of Palmer Lake chief of police. Ferrin’s first official day was May 16.

By unanimous decision, Harvey W. Curtis and Associates has been hired as the town water attorney. This concludes a search that began on March 21.

By unanimous decision, the following three businesses received licenses to operate within the town:

The Palmer Lake Volunteer Fire Department is planning an anniversary weekend for sometime in August. Details will be forthcoming.

The Fire Department is coordinating with several agencies and has contracted with a local forester to develop a Community Wildfire Protection Plan. Some of the agencies being consulted are the U.S. Forest Service, El Paso County, and the Colorado State Forest Service. According to an April 14 press release by the Fire Department, this wildfire plan "will analyze the community in terms of forest conditions and wildfire risk and also assess property fire risk."

Related to this plan, there will be two seminars in June to raise community awareness about wildfires and also advise homeowners on steps they can take to help minimize fire risk by creating a defensible space. The seminars are: "Extreme Gardening: Taming the Scrub Oak Monster," June 19 from 6 to 8 p.m. in Glen Park, and "Extreme Landscaping," June 25, 7 to 9 p.m. in the Town Hall. Both will be conducted by Keith Worley.

Trustee Coleman encouraged all residents to participate in fire mitigation practices.

By unanimous approval, the council approved the proposed expansion of the Lucretia Vaile Museum. Bob Kirby provided information on the proposed 340-square-foot expansion and noted that estimates projected the cost at $20,000 to $25,000. The Pikes Peak Regional Building Department would need to review and approve the construction specifications.

The council tentatively approved the Palmer Lake Recreational Master Plan as presented by El Paso County Parks and Leisure Services Department. The Master Plan must also be reviewed by the Planning Commission. The Parks and Leisure Services Department updates Master Plans every five years, with proposed projects initiated and completed based on available funding.

The plan development process included an assessment of present facilities and conditions, a survey conducted to receive input from Palmer Lake residents, analysis of survey results, a public open house to obtain additional citizen input, plan modification to incorporate citizen and steering committee input, and then various reviews and approvals.

A common desire noted throughout the plan development process was the establishment of a permanent water source for the lake through a well. Due to drought and other conditions, the lake dried up during 2003, which caused significant eco-system and recreational issues. With a well in place, the lake could then irrigate recreational fields and gardens in the areas bordering it.

Other recommended improvements or new facilities include: improving the trail system around the lake and the playground area; establishing a swimming beach area; and establishing an athletic field with hillside seating. A map of the improvements will be posted in the online version of this June issue at ourcommunitynews.org/v8n6park.htm.

The meeting adjourned at 8:30 p.m.

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The next regular council meeting is on June 12 at 7 p.m. The next Town Council workshop is scheduled for July 15 at 7 p.m. Both meetings will be held in the Town Hall. The workshops are normally held the first Thursday of the month. The regular council meetings are normally held the second Thursday of the month. Information: 481-2953.

The Palmer Lake Planning Commission unanimously approved the El Paso County parks department’s master plan update for its lake-side facilities on May 21. This vote formally incorporated the master plan update into the town’s comprehensive plan. The update is just a guideline for the time being, however, due to the lack of projected funding for the proposed upgrades and expansions.

There is a $10 million county revenue shortfall that the Board of County Commissioners started to address in a special meeting on May 29. At that meeting, the County Commissioners indicated that they preferred not to sell parks to raise revenue to balance the 2008 budget, but did not rule out park sales either.

For details of the county’s master plan update presentation at Town Hall on April 30, see www.ourcommunitynews.org/v8n5.htm#park and article below.

The Palmer Lake commissioners approved a request from landowners Robin Grunder and Gary Welty for a minor subdivision of a large lot at 0 Circle Road, in Elephant Acres north of Highway 105. Grunder and Welty requested creation of four separate residential lots within the parcel.

Two candidates have expressed interest in filling the vacant commissioner position created by former Chairman John Cressman moving to the Town Council as the new mayor. Commissioner Ken Trombley has taken Cressman’s place as chairman. Gary Atkins, Vic Brown, David Cooper, Jen Martin, and Sharon Solheim continue to serve as commissioners as well.

Interviews of the two candidates—Bob Miner and Dennis Stern—were listed on the agenda. Miner attended this meeting, but Stern did not. The commissioners determined that they would reschedule an interview with Stern before the next scheduled workshop meeting on June 11 or the regular meeting on June 18 if possible. For information on whether a special interview meeting will be scheduled, contact 481-2953.

The commissioners also unanimously approved a change in the starting times for their meetings for the rest of 2008—from 7 p.m. to 6 p.m. They will continue to meet at Palmer Lake Town Hall on the second Wednesday of the month for workshops and the third Wednesday of the month for regular meetings. Information: 481-2953.

At the May 21 meeting of the Pikes Peak Regional Water Authority (PPRWA), Dick Brown, lobbyist for the authority, reported that Colorado HB08-1141, which requires developers to identify a sustainable water supply for their developments, has been sent to the governor for his signature. (The governor signed the bill May 29.)

Brown described the bill as "a very substantive change in water policy planning and land use planning."

Brown added that he expects the legislature to consider future legislation to "more directly link surface and ground water uses. Much of the statutory scheme for ground water management will come under increased legislative scrutiny to determine how much of the scheme is based on substantive hydrogeology and how much of it is largely a legal fiction."

Brown noted that SB08-119, which originally would have authorized the use of cisterns to collect rainwater from up to 3,000 square feet of roof on a single-family primary residence, was amended to conduct a test to assess potential impacts to water rights holders. He reported that the bill was unconstitutional as written and was being reworked. (As of press time, the amended form of SB08-119 had passed the house and senate and on May 21 was sent to the governor for signature.)

Brown said SB08-119 is particularly important because "it challenges the long-standing concept that every drop of water ultimately belongs to the next user downstream."

Brown added that there is a water impact to the demand for increased energy production. He said that over the next 20 years demand in Colorado for electricity is projected to increase by nearly 5,000 megawatts. "Much of this new generation will be from power plants that use water to keep the turbines spinning."

Brown concluded, "It is very likely that the next four years will see significant changes to Colorado water policy." He encouraged the authority to "be involved in crafting of those policy changes" and to forge strategic alliances with other water groups including the Water Resources Interim Committee, the Water Roundables, the Water Congress, the Colorado Water Institute, and the democratic legislators from southern Colorado who are expected to draft water policy over the next few years.

The current members of the authority are the Cherokee Metropolitan District, the City of Fountain, the Donala Water and Sanitation District, the Town of Monument, the Town of Palmer Lake, the Triview Metropolitan District, and the Woodmoor Water and Sanitation District

At the March 19 meeting of the PPRWA, the group decided to form two committees: One to pursue a source of renewable water and one to look at ways of coordinating local operations.

The renewable water committee, also known as the big picture committee, consists of representatives of the Cherokee district, Fountain, Monument, and the Woodmoor district.

The local operations committee, also known as the northern collaboration committee, consists of representatives of the Donala district, Monument, Palmer Lake, the Triview district, and the Woodmoor district.

At the May 21 PPRWA meeting, each of the committees reported on their progress.

Kip Peterson, General Manager of the Cherokee district, reported that the committee has concluded that further effort should not be expended on acquiring additional non-renewable groundwater.

Regarding renewable water, Peterson said the group concluded, "There is no cheap solution, no magic bullet."

Larry Patterson, City of Fountain utility director, offered to serve as a "water bank" for the authority, to help with acquiring water rights and obtaining bridge funding. He noted that "water follows money" and that when an opportunity arises, the authority has to move quickly.

Steve Price from Boyle Engineering presented an update on the engineering study for the project proposed to transport as much as 50,000 acre-feet of unused agricultural water per year north to the Tri-Lakes area. This unused "ag water" comes from fallowed fields on farms along the lower Arkansas River. An acre-foot (af) is 326,851 gallons.

The Boyle study is considering various alternatives including the amounts of water to be transported, pipeline routings, and treatment locations.

1. 6,735 acre-feet per year to address just the projected needs in the Tri-Lakes area.
2. 15,235 acre-feet per year to address Tri-Lakes area needs as well as the needs of the Fountain and the Cherokee District.
3. 50,000 acre-feet per year to provide additional capacity to serve other areas as a way to share the cost of construction and operation.

1. A western alignment 76 miles long.
2. A middle alignment 83 miles long.
3. An eastern alignment 111 miles long.

The middle and western alignments are the most cost effective. The western alignment uses Xcel easements, which would reduce the issue of acquiring easements; however, it has more stream crossings and, due to the proximity to high-voltage power lines, would require that the design address the effects of high-voltage power on corrosion of metal pipes.

1. All storage at Stonewall Springs near Pueblo. Treatment near Stonewall Springs.
2. All storage in the Tri-Lakes area with water treatment near Stonewall Springs.
3. Storage in the Tri-Lakes area and at Stonewall Springs. Treatment near Stonewall Springs.
4. Storage in the Tri-Lakes area and at Stonewall Springs. Treatment near Fountain.

Tri-Lakes area storage is currently assumed to be on the Younger Ranch on Highway 83.

Water treatment is needed to address water quality concerns including salinity, selenium, iron, sulfate, pharmaceuticals, and radionuclides. The study is currently assuming that water treatment using reverse osmosis (RO) will be required.

Patterson noted that a Colorado project using RO to process 5,000 acre-feet of water per year is projected to need 400 acres to store the resulting salt and other materials removed from the water. Depending on the amount of water processed per year, the proposed ag water project would likely need three to 10 times as much storage space.

Price presented the following refined capital cost estimates excluding land acquisition, permitting, and the cost of water but including installation of pipe and construction of pump stations, water treatment plants, and storage facilities:

Depending on which alternative is selected, the capital cost per 1,000 gallons varies from $72 to $162.

Price observed that these costs are similar to other current water projects along the Front Range.

Price presented the following draft estimate of operations and maintenance costs per 1,000 gallons that covers leasing water, advanced treatment, and conveyance: