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Baptist
Road Wal-Mart
View photos of the BOCC Wal-Mart Hearing
By Jim Kendrick
On July 15 at the end of an 11-hour hearing, the El Paso
County Board of County Commissioners (BOCC) voted 4-0 in favor of Commissioner
Wayne Williams’ motion to reject the rezoning and preliminary plan requests
for construction of a Wal-Mart supercenter on a 27-acre parcel on the south side
of Baptist Road directly across from the King Soopers shopping center.
Commissioner Tom Huffman was absent. The unanimous BOCC vote was consistent with
the county planning commission’s 7-1 vote on May 11 recommending rejection of
Wal-Mart’s requests. The planning commissioners voting against the project
cited inconsistency with the comprehensive plan, too intense a use, inadequate
buffering from the adjacent residential properties, a better alternate site at
the Monument Marketplace, and that the wrong type of zoning was being requested.
All those issues were revisited during the BOCC hearing.
Toward the end of the hearing, principal concerns cited by
Williams were flaws in the traffic impact analysis and insufficient effort by
Wal-Mart in seeking annexation to the Town of Monument.
Williams first moved to continue the hearing for eight weeks
to allow the Town of Monument and Wal-Mart to negotiate an annexation agreement
on the parcel and for Wal-Mart consultant CLC Associates to update the traffic
impact analysis. The motion to continue failed by a 2-2 vote with Williams and
Commissioner Jim Bensberg in favor and Commissioner Chuck Brown and Commissioner
Jeri Howells opposed. Brown said he voted against the motion to continue because
the room was filled with citizens and they deserved an answer.
According to the county’s Land Development Code,
Wal-Mart cannot come back with the same rezoning request within a year unless
"there has been a substantial change in physical conditions or
circumstances" such as requesting different zoning or reaching a written
agreement with the town for future annexation. Carl Schueler, manager of the
county planning division, said a revised plan would be treated as a new
application and would again be heard by the planning commission before being
heard by the BOCC.
Parcel owners Ken Barber, Uwe Schmidt, and Beverly Miller
requested the rezoning and preliminary plan on behalf of Wal-Mart. Only Barber
spoke in favor of rezoning the parcel while 26 residents spoke against the
proposal. Throughout the hearing, the number of concerned citizens in the
audience varied from 150 to well over 200. The three local TV stations covered
the hearing. The hearing room was still filled at 10:25 p.m. when the final roll
call vote was taken. Many residents commented to television and newspaper
reporters that the result was a surprise turnaround based the tenor of the
hearing.
County planning presentation
Schueler summarized the project:
-
Monument History: "There was never any sort of
hearing at the Town of Monument. It never got to the planning commission or
the board of trustees. There was never an actual denial or approval. The
applicant just decided they wanted to apply for this in the county."
-
The Request: Rezoning of the parcel from R-4 to planned
unit development (PUD) and approval of a preliminary plan for the site.
Schueler said the current R-4 zoning and associated master plan were
approved in 1976 and added, "The plot plan showed medium-density
multi-family uses that would not allow a commercial use of this type."
Schueler said a regional commercial use like the proposed Wal-Mart could be
zoned Planned Business Center (PBC) or Planned Unit Development (PUD). He
said planning staff recommended that the applicant request PUD zoning
because using a PUD development agreement, the county could more effectively
enforce conditions on the project such as building design and offsite
improvements. He said no development agreement had yet been submitted.
-
Site Plan: A Wal-Mart gas station, parking for more than
1,000 cars, and a 24-hour 200,978-square-foot (4.6-acre) supercenter with
grocery, drive-through pharmacy, bank, hair salon, vision center, garden
center, and six-bay tire lube express on 27.3 acres. He described it as,
"a very tight fit." He added, "Trucks going around the back
of this property will have to go fairly close to the adjacent
properties."
-
Landscaping: "There is some vegetation on all sides
of the property."
-
Drainage: Runoff from the approximately 25 acres of
impervious area would be collected in a roughly 1.7-acre detention area on
the southeast corner of the parcel and then discharged to Jackson Creek.
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Access: There would be a full-motion intersection and a
right-in/right-out access from the extension of Jackson Creek Parkway south
of Baptist Road and a right-in/right-out directly onto Baptist Road toward
the mid-point of the parcel. The Major Transportation Task Force
approved the access points.
-
Traffic: The Traffic Impact Analysis has not been updated
and "is not entirely in sync with staff comments and some of the
commitments the applicant has made." Schueler added that the revisions
could be handled at the final plat stage. He said the traffic impact
analysis predicts 13,500 new vehicle trips and with the improvements the
traffic will be a level of "controlled congestion."
-
Road Improvements: The applicant agreed to widen Baptist
Road to four-lanes with a raised median from Jackson Creek Parkway to
Leather Chaps Drive; addition of acceleration/deceleration lanes and
dedicated left and right turn lanes and a traffic signal at Leather Chaps
Drive; regrading to reduce the slopes; and extension of Jackson Creek
Parkway as a four-lane road south of Baptist Road along the frontage of the
store and construction of a two lane road ¾-mile south to the culvert to be
constructed by the Struthers Ranch developers; widening of Baptist Road I-25
interchange off ramps to two lanes; and adding an eastbound left turn lane
on Northgate Road at Struthers Road. Schueler noted that the applicant
submitted initial engineering plans for the roadwork.
-
Interchange: "The quintessential issue is the
Baptist Road interchange and when that interchange will be updated by the
Colorado Department of Transportation (CDOT) in perhaps 2010 or 2012. In the
interim there will be considerable congestion. The applicant has admitted
that the interchange will be in trouble." Brown, who sits on a state
transportation board, said later that the Baptist Road Interchange is,
"not high on the CDOT priority list." He added, "The schedule
is determined by the state budget which is under attack by many
issues."
-
Public Improvement Corporation (PIC): "Essentially a
way to take the sales taxes that would have gone to Monument and use them
for different purposes that would include paying back the road improvement
debt."
-
Annexation: Schueler said, "This store needs urban
level services, especially police protection. The applicant needs to make
the case against annexation [to Monument]."
-
Master plan consistency: "The master plan is what
you really need to use as a standard. There are master plan issues it is
consistent with and master plan issues where it is not consistent."
Schueler added, "A lot has changed in this area." He noted that
the master plan encourages significant commercial uses to annex into the
Town of Monument. He said there are site compatibility issues with the
adjacent Chaparral Hills residential area, adding, "It is a question
whether this use can be sufficiently harmonized with the existing
uses."
-
Changes Since the Planning Commission Hearing: Schueler
said, "The applicant agreed to most staff technical comments and
modified their plans in response to traffic and drainage comments."
-
Comments: Schueler reported that he received hundreds of
letters, e-mails, and postcards from area residents regarding the project, a
significant majority of them in opposition.
-
Schueler noted that the Town of Monument recommended
denial of the request due to non-compliance with the county’s Tri-Lakes
Comprehensive Plan approved by the county planning commission in 1999. Since
the western-most 60 feet of the 120-foot wide right-of-way for the extension
of Jackson Creek Parkway south of Baptist Road is within the town boundaries
he said the town contends, but the county disagrees, that the applicant must
seek permission from the town to plat that roadway.
-
Schueler described the Northern El Paso County Coalition
of Associations (NEPCO) as "the keepers of the Tri-Lakes comprehensive
plan." He said NEPCO recommended denial. The letter from NEPCO in the
commissioners’ packets said, "In consideration of traffic,
neighborhood transitions, existing zoning, protection of property values,
and water issues, the county should encourage the developer to relocate its
proposed commercial operation into an appropriately zoned and planned site
that is congruent with the county’s policy plan, the current Tri-Lakes
comprehensive plan, the draft revised Monument comprehensive plan,
long-standing expectations by residents, and present land zoning."
-
Generally, the county planning division recommends
approval of requests brought to the BOCC; however, Schueler said that due to
issues with the project, county planning made no recommendation in favor of
or opposed to this request.
In response to a question from Williams, John McCarty,
director of the county department of transportation, said the latest plan
produced by PBS&J for the Baptist Road Rural Transportation Authority, shows
access to the Lutheran church being provided via a road through the lots to the
east of the church. That road would connect to Leather Chaps Drive.
McCarty noted that if Jackson Creek Parkway is connected to
Northgate Road, the northbound I-25 off-ramp at Baptist Road could be moved east
to the current Struthers frontage road. That would improve road alignments at
the intersection. McCarty said CDOT supports the idea of doing it and it is one
element of CDOT’s plan for improving the interchange. McCarty said that if the
Wal-Mart plan were approved, the county would work with the PIC to move the
off-ramp rather than widening the existing off-ramp.
Applicant’s presentation
Design
Steve Wilson, President of CLC Associates, was the
representative for Wal-Mart. He introduced Denis Kelsch and Kevin Picanco of CLC
Associates and Michael Semrick of Boice, Raidl, and Rhea Architects. He said
Kelsch is the project engineer, Picanco is the traffic engineer, and Semrick is
the architect for the project.
Highlights of Wilson’s presentation:
-
Wal-Mart has been working on this project since 1997 or
1998. They have spent a lot of time working with the county and prefer to
pursue it with the county rather than the town.
-
Wal-Mart has no objection to being annexed to the town
when the PIC debt has been retired. Commissioner Bensberg noted that
Wal-Mart representative Keith Morris, in a letter to the Gazette, said it is
premature to talk about annexation. Wilson replied, "It is Wal-Mart’s
position that we are ready and able to sit down and start to negotiate an
annexation agreement with the town."
-
To counter the statements that the store is a tight fit
on the site, Wilson noted that the ratio of floor area to land area on this
site is 17 percent, which he said is the same as the King Soopers across the
street. He contrasted it with the Castle Rock Wal-Mart store with a 203,750
sq. ft. store on 22 acres yielding a floor area ratio of 21 percent and the
Chapel Hills Wal-Mart with a 191,479 sq. ft. store on 18 acres for a floor
area ratio of 24 percent.
-
Storm water drainage for the frontage on Baptist Road and
Jackson Creek Parkway would be directed to the water quality/detention pond
on the southwest corner of the site. The clay-lined detention pond has been
redesigned with sand and gravel layers to capture pollutants.
-
The site plan includes 30 percent (8.2-acres) open space
and landscaping and sidewalks along Jackson Creek Parkway and Baptist Road
with potential connection to the Santa Fe Trail and an 8-foot opaque cedar
fence along the church property line.
-
The store was redesigned with additional stock room space
to eliminate outdoor storage and trash.
-
A Preble’s Meadow Jumping Mouse habitat conservation
arrangement has been worked out with the U.S. Fish and Wildlife Service (FWS).
Included in that is acquisition of off-site habitat for preservation,
inclusion of a 50-foot wide 1.6-acre wildlife corridor along the south
boundary of the parcel, lowering of the light poles to 28-feet, and use of
full cut-off light fixtures to minimize light spillage onto the mouse
habitat.
-
The light fixtures using 400-watt metal halide bulbs
would be the same as at the King Soopers shopping center. Wilson said the
light poles in the King Soopers shopping center are 32-feet tall. Schueler
later added that the county’s Land Development Code limits light
poles to 20-feet although a waiver could be granted.
-
Wal-Mart agrees to post signs on the property prohibiting
overnight camping.
-
The gas station site plan is not part of the proposal
Architect Semrick showed an artist’s rendering and said the
building would feature a high-end design similar to King Soopers with two colors
of masonry brick and stucco. The design has a varied roofline. The highest point
of the roof at the front would be 30 feet.
The PIC
Peter Susemihl, attorney for the Triview Metropolitan
District, presented the following background on Triview and the proposed Public
Improvement Corporation (PIC):
-
He said he has represented the Triview district since it
was formed in the early 1980’s within the county. The district was then
annexed into the town. Brown later said that he was one of the originating
directors of the Triview district 20 years ago. He said he has no financial
interest in it.
-
Susemihl said, "The district has no direct
responsibility for improvement of Baptist Road but has always been keenly
interested in the offsite roads in that area, especially Baptist Road.
Triview funded the formation of the BRRTA, the Baptist Road Rural
Transportation Authority. Most recently, Triview completed Jackson Creek
Parkway at district expense, a project in excess of $5 million."
-
Susemihl added, "When the Wal-Mart project came
along several years ago, Triview rather quickly decided it was providing the
infrastructure for the rooftops where the Wal-Mart customers were coming
from and therefore Triview should capitalize on its ability to get taxes
from the Wal-Mart store."
-
The proposal is based on the way the Park Meadows Mall
was built. He noted, "Federal tax laws allow a governmental entity to
form a private, non-profit corporation for the purposes of building
municipal infrastructure. These corporations are called Public Improvement
Corporations sometimes called a Public Facilities Authorities. Once formed,
they are private corporations but they have the unique power to issue
municipal debt that is tax exempt. Since the Triview district cannot impose
a sales tax under its powers, the district can authorize the formation of
the PIC, which it has done. The concept is for the PIC and Wal-Mart to enter
into a perpetual agreement whereby Wal-Mart will collect 3 percent on all
taxable sales, similar to a tax, and pay that to the PIC. Triview will
receive 1.5 percent for providing water and wastewater services to the
property. The other 1.5 percent will go to fund these offsite road
improvements. To speed up the process, Triview is agreeing to delay
receiving its full 1.5 percent and will only take ¼ of the PIC fee until
the debt is paid off. Then it will be reimbursed for the difference between
the ¼ and 1.5 percent. At that point, the PIC may or may not continue to
exist. The debt would be in the form of bonds or, more likely, a promissory
note funded by Wal-Mart."
-
Susemihl added, "It is perfectly legal, has been
used around the state, and operates much like a sales tax. This is how to
get all these road improvements done using Wal-Mart as a tax base."
-
Susemihl concluded, "The district is very close with
the present town administration, there is a good working relationship with
the town board, and we think it is appropriate that this project be included
in the Town of Monument. The easiest way is a condition on this project that
the property be annexed when the debt is retired."
Williams said that one of the issues is that this is a
private corporation without public scrutiny. He asked if the BOCC or BRRTA could
designate one or two people to sit on the PIC board. Susemihl replied, "We
are totally open to that."
Williams asked who paid for Jackson Creek Parkway? Susemihl
replied that it was a district responsibility.
Williams asked if the PIC could be extended to pay for the
other two lanes of Struthers Road south of Baptist Road.
Susemihl replied that there would have to be an agreement
with Wal-Mart to keep the 3 percent fee in place. He also raised questions as to
the source of the funds. He said, "The district has an interest in that
connection. When that is done, it will carry as much traffic as the
interstate." Audience members and Williams expressed doubt that it would
carry anywhere near that much traffic.
Wilson added that it is not presently feasible to construct
Jackson Creek Parkway as a 4-lane road but Wal-Mart would be willing to extend
the PIC and collection of the 3 percent fee if funding were available from
others. He said, "We are willing to allow that funding mechanism to
continue."
Traffic
Picanco described the road improvements to be implemented by
the PIC as listed earlier.
Picanco said a three-quarter intersection would be allowed at
the church: Right-in/right-out turning movements would be allowed from eastbound
Baptist Road and left-in movements would be allowed from westbound Baptist Road.
Drivers who want to go west upon exiting the church or the houses to the east of
the church would have to turn right, go east to Leather Chaps Drive, and make a
U-turn.
Williams stated that at the time the church was granted
access to Baptist Road they agreed that at some point they would be restricted
to right-in/right-out access. He expressed concern that those leaving the church
when services are over could create significant congestion with people making
the U-turn. Picanco said their study had not looked at the specific situation.
Jackson Creek Culvert
McCarty said the existing Jackson Creek box culvert under
Baptist Road just west of Jackson Creek Parkway could handle a 5-10 year storm
but a 20-25 year storm could overtop Baptist Road and take out the road and
utilities.
Bensberg asked whether Wal-Mart would be willing to improve
the culvert.
Wilson replied that the improvement is part of CDOT’s
planned interchange improvements. He characterized it as "an incredibly big
project."
Bensberg asked if Wal-Mart would be willing to partner with
CDOT.
Wilson said he did not believe CDOT wanted to partner with
anyone.
McCarty said CDOT has a partnering/reimbursement program. He
estimated the cost to be similar to what the county constructed on Sand Creek
and would be $500,000 to $1 million dollars.
Bensberg characterized it as a benefit to Wal-Mart and the
community.
Wilson said, "I can’t commit to that today. We are
already making a $4 million commitment to offsite infrastructure
improvements."
Bensberg replied, "It is your customers who are making
that $3.8 million commitment. It is not coming out of Wal-Mart’s
coffers."
Williams noted that the replacement of the culvert is part of
CDOT’s environmental assessment (EA).
McCarty said the EA process could take 6 months or more.
Monument’s Presentation
Monument Mayor Byron Glenn, who noted that he is also a
member of the BRRTA board and the Tri-Lakes Economic Development Committee,
presented the town’s position. Some highlights were as follows:
-
"As mayor it is my sworn duty and responsibility to
do what is best for the economic development of the town as well as protect
the residents health, safety, and welfare. For the past two months, I have
attempted to negotiate an agreement with Wal-Mart. I interpreted the final
response received from Roger Thomas prior to our board meeting July 12 as,
‘he would not be blackmailed by a small town.’ This fails to recognize
the serious adverse impacts on the town and it is, quite frankly, pretty
scary. The consensus of our board was that due to the lack of cooperation
and commitment from Wal-Mart, the board voted unanimously to oppose the
zoning and land use application."
-
"The Monument board has approved the Monument
Marketplace as the location with proper zoning to handle stores such as a
supercenter and encourages Wal-Mart to consider the Marketplace as a viable
alternative to their proposed location."
-
"My big concern is that in recent years we have seen
serious crime increase especially with the increase in retail adjacent to
I-25. We have had to add more officers. We will be asked to respond with no
compensation."
-
"If approved, this project would have a tremendous
adverse impact on the Tri-Lakes region and in particular the Town of
Monument." He later cited traffic, trash, crime, and loss of sales tax
revenue.
-
"Last night about 6 p.m., I received a proposal from
Wal-Mart to annex after the PIC is paid off." In response to a question
from Bensberg, Glenn added, "I would have to take this back to my board
for discussion in an open public hearing. My concern is that with the PIC
the receipt of revenue would be so far out it would still be detrimental to
our economy."
-
"Do we want Wal-Mart to annex? Yes, it would be a
great revenue source but Monument would have to wait 5-10 years [i.e., until
the PIC debt is retired] before it would realize any revenue."
Williams asked whether there is another drive-through
pharmacy located nearby. Glenn said no.
Williams asked whether commercial was planned for east of
King Soopers. Glenn replied that 6 acres of neighborhood commercial was being
considered.
Williams asked whether when King Soopers came in, did they do
any off-site road improvements? Glenn said, "I don’t believe they made
any off-site improvements."
Williams asked about Glenn’s proposal for a ballot measure
to annex within one year and have sale tax revenue go to the PIC. Glenn
characterized Wal-Mart representative Roger Thomas’ response as, "I didn’t
like your letter because you sounded too intimidating and I don’t want to take
that from a small town if I don’t have to." Glenn added, "I am upset
with the lack of commitment from Wal-Mart prior to last night and that paying
off the PIC debt is going to cost us 6 years of no revenue."
Supporters
The only person who spoke in support of the project was
developer Ken Barber, one of the three owners of the property. He gave some
history of the ownership of the property and concluded, "I’d love to see
it sold."
Opponents
Kingswood resident Phil Weinert said, "This is not a
campaign against Wal-Mart." He said the proposal is development with a
general disregard for community concerns. He added, "The existing roads are
completely inadequate. Right now the road system stinks. Adding more demand with
Wal-Mart is completely unpardonable." He asked how maintenance of the pond
would be done. He suggested that a better use could take advantage of the
natural terrain rather than the massive cut and fill required for the
supercenter.
In rebuttal to Weinert’s skepticism about needed road
improvements being constructed, County Attorney Bill Lewis stated that
construction of the proposed improvements would be guaranteed prior to the store
opening.
Williams added that the improvements are in agreement with
BRRTA plans. He also said additional roadwork funding could come from the
proposed Pikes Peak Rural Transportation Authority if that is approved by voters
in November.
Thirteen speakers from the Coalition of Tri-Lakes Communities
made a 55-slide presentation summarizing many of the major community concerns
with the project. Those slides can be downloaded at www.coalitiontlc.org/wmbocc040715.htm.
The summary of objections is as follows:
-
Plan shoehorns a huge store onto improperly zoned 27-acre
parcel
-
Regional "big box" store would more than double
traffic on Baptist Road… creating severe congestion and safety concerns
-
Plan would "kill" the Baptist Road I-25
interchange which won’t be reworked for years
-
Plan requires most the intense commercial zoning… far
different from parcel’s current R-4 multifamily zoning... There are much
more appropriate uses for this parcel
-
PIC, a private corporation, would receive tax revenue…
without public accountability
-
Plan would inflict serious damage on residential property
values and Monument’s sales tax base
-
Plan would degrade emergency response and endanger lives
-
Precludes proper access to church and residences to the
east on Baptist Road
-
Would cut property tax revenues to county and other
jurisdictions compared to properly zoned and planned alternate sites
-
This proposal is not consistent with master plans. A PUD
must be consistent with master plans
During the opponents’ presentations:
-
Williams stated that plans have always shown church
access to the east.
-
Lewis advised the commissioners that concerns about the
PIC being taxation without representation and possible TABOR violations are
unfounded and should be ignored.
-
Williams indicated he could see no difference between the
PIC fee and a handling fee charged by any other company.
-
Williams stated that the Marketplace site would be more
visible from I-25 whereas the Baptist Road site is as he said, "nestled
in a hollow." Brown added that the Home Depot in the Marketplace is
conspicuous.
-
Williams questioned any difference in impact between a
200,000 sq. ft. Wal-Mart supercenter and the 70,000 sq. ft. King Soopers.
-
Several opponents were asked, "Do you shop at
Wal-Mart."
-
Williams asked opponents how else the county could pay
for road improvements and to explain how alternative traffic flows would be
satisfactory if Wal-Mart were to relocate to the Monument Marketplace.
-
Williams stated that the three ways to get to the Baptist
Road site [Highway 105, Baptist Road, and Northgate Road] are better than
the two ways [Highway 105 and Baptist Road] to get to the Marketplace.
After the coalition’s presentation, thirteen more residents
spoke in opposition. One of those, Gwen Weinert, submitted petitions with more
than 8,000 signatures of those opposed to the proposed Baptist Road store.
Rebuttal
Some of Wilson’s points were as follows:
-
It would take 3.5-4.5 years to repay the $3.8 million of
PIC debt.
-
The grades on Baptist Road would be reduced to a maximum
of about 6 percent.
-
Wal-Mart is not willing to limit delivery hours.
-
Maintenance of the detention pond would be a Wal-Mart
responsibility.
-
Wal-Mart would be willing to negotiate with CDOT for
reimbursement of costs for enlarging the culvert under Baptist Road.
The Decision
Williams asked Lewis about the consequences of approving the
rezoning but not the preliminary plan. Lewis said, "If you approve the PUD
rezoning then it is not logical to disapprove the preliminary plan." The
preliminary plan is an intrinsic part of the PUD zoning.
Williams said he is concerned about the outdated traffic
impact analysis and the issue of annexation to the Town of Monument and made a
motion to continue the hearing on the project for eight weeks at which time
there would be a public hearing limited to just the traffic and annexation
issues.
Howells said, "I am not in favor of the project. One
part of me would very much like to see the road improvements, but not at the
expense of the immediately adjacent property owners. Supercenters are very busy
places. I don’t believe it is an appropriate location. Other alternatives need
to be looked at. It is not fitting with the comprehensive plan or the
community."
The vote on the motion to continue was 2-2 (Williams and
Bensberg in favor, Howells and Brown opposed) so the motion failed.
Williams said, "Annexation needs to be resolved prior to
this vote." He then made his motion for disapproval referencing the motion
on page 52 in the BOCC packet that reads,
"Having considered the evidence of record in this
matter in light of the standards of review set forth on pages 34-47 of the
backup materials, I find that
-
The Development Guide/Plan does not generally conform
to the El Paso County Master Plan; and
-
Pursuant to the provisions of the Land Development
Code, the subject property will not be compatible, harmonious, and
responsive to the existing surrounding area; and
-
The applicant/developer has not demonstrated to my
satisfaction that the proposed development plan will not negatively affect
existing and future development.
Therefore, I move that item PUD-02-013 be
disapproved."
In making his motion, Williams noted that the annexation
issue triggered non-conformance to the master plan. Williams’ motion was
unanimously approved.
Williams then made a motion to reject the preliminary plan.
That motion also was unanimously approved.
**********
Links to the BOCC packet for this project, opponents’ slide
presentation, and computer audio file of the hearing are available at www.coalitiontlc.org/wmbocc040715.htm.
Additional information on the project is available at www.ourcommunitynews.org/top_stories.htm#wal-mart
and www.CoalitionTLC.org/wal-mart.htm
or by calling John Heiser at 488-9031.
View photos of the BOCC Wal-Mart Hearing
By Steve Sery
The 12-hour session on July 20 and the second session on the
27th involved a number of items of interest to residents of northern El Paso
County.
-
Final plat for the Gilbert Addition. This 10.9-acre
parcel in the central Black Forest area, zoned RR-3 (5-acre lots), is being
subdivided into two lots. The subdivision was recommended for approval.
-
A request by Voice Stream, dba as T-Mobile, for a
variance to allow an 80-foot stealth pine commercial cell phone tower at the
southeast corner of Highway 105 and Sierra Way. This is the high point as
you head east on 105. Area residents gave good presentations. The variance
was denied, and the applicant directed to look at alternative sites that are
less obtrusive.
-
A special district service plan for the Cathedral Pines
Metropolitan District. This would be a separate taxing district. Cathedral
Pines is the development just north of Black Forest Regional Park where the
Milam Road extension is in litigation. This was a "skeletal" plan,
with many unanswered questions. It was recommended for denial. The applicant
was requested to "fill in the blanks" so the plan would be more
complete.
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Preliminary Plan Woodmoor Vista Professional Park. This
8.23-acre property is located on Monument Hill Road approximately 3,000 feet
south of County Line Road. It is zoned C-1 (commercial district). The
proposal is for six commercial lots and is consistent with the 2000
Tri-Lakes Comprehensive Plan. It was recommended for approval.
The July 27 meeting was the last planning commission meeting
at the downtown county office building. Future meeting will be held at the new
regional "one-stop" center at 2880 International Circle off Union
Boulevard and Printers Parkway.
By Jim Kendrick
The quarterly meeting of the Baptist Road Rural
Transportation Authority (BRRTA) was held at the County Commissioners Hearing
Room on July 9 at 2:30 p.m. The members reviewed plans for widening Baptist Road
between the interstate and Jackson Creek Parkway to better handle the traffic
that will be generated by the Monument Marketplace. There was also a review of
tentative plans for improvements west of the interstate. The board went through
an extensive review of needed upgrades east and south of Jackson Creek Parkway
that would have been made if the Baptist Road Wal-Mart had been approved by the
Board of County Commissioners at the rezoning hearing on July 15.
Claims: The board unanimously approved payment of eight
claims totaling $59,531.87.
Financial Report: The board accepted the financial report
for the second quarter and then unanimously approved new payments of $1,377.55
to RS Wells LLC and $51,342.23 to PBS&J engineering consultants. These two
claims arrived in early July and were not included in the quarterly report. The
total amount spent by BRRTA for engineering design as of June 30 was $159,249.
Planning and Development Activities: Commissioner Wayne
Williams reviewed the issues regarding the July 15 Wal-Mart hearing. He
announced the decision by the City Council to move forward with the countywide
RTA ballot issue for November. Portions of Baptist Road would be improved under
this ballot initiative, although the specific improvements and their relative
priority continue to change. No final decision has been made on these issues.
Triview Metropolitan District General Manager Ron Simpson
announced that Jackson Creek Parkway had been opened on June 30 between Lyons
Tail and Higby. Leather Chaps was also extended to Jackson Creek Parkway at the
traffic light by the new Home Depot store. Simpson said these new roads cost
$7.5 million. Simpson said that the creation of the Eagle Pines Metropolitan
District in Black Forest, north of the intersection of Milam Road and Shoup
Road, would have no negative impact on his district or BRRTA.
Baptist Road Engineering Design Survey: Andre Brackin of
the El Paso County Department of Transportation gave an overview of the recent
design survey work for Baptist Road, performed by PBS&J. Steve Sandvik,
project supervisor for PBS&J, distributed and discussed a number of maps
that showed existing, intermediate, and final design plans for near- and
long-term improvements from Tari west past Hay Creek. While BRRTA is not
responsible for the major long-term improvements to the I-25 Exit 158
interchange, it will coordinate with the Colorado Department of Transportation (CDOT)
for interim widening of the two off-ramps when funding becomes available. Funds
to construct these interim off-ramp improvements would have loaned by Wal-Mart
had the project been approved.
Sandvik said PBS&J is collecting information to
facilitate application for federal funding to help pay for construction of a
longer, wider bridge for grade separation over the railroad tracks. The new
bridge would be built just north of the existing bridge west of the tracks.
These funds would supplement countywide RTA funds if that ballot initiative
passes in November. Sandvik added that all available traffic studies concerning
the future of the Baptist Road area were reviewed, and all confirmed the need
for two through-lanes east and west plus dedicated turn lanes and
acceleration/deceleration lanes at the major intersections with Jackson Creek
Parkway and Leather Chaps.
When Jackson Creek Parkway is extended south of Baptist Road
to connect with Struthers Road (which runs from Northgate Road to the southern
boundary of the Struthers Ranch development), the existing Struthers Ranch
frontage road can be closed. Then the northbound I-25 off-ramp could be rerouted
to that two-lane frontage road and use the existing traffic light. This would
simplify timing and flow problems at the existing intersection.
Two issues remain unresolved regarding the widening of
Baptist Road between the interchange and Jackson Creek Parkway. One is that the
actual gradient of the steepest portion of that segment is about 9 percent and
should be reduced to less than 5 percent to meet design standards. The other
problem is that the existing drainage culvert under Baptist Road in this section
is only 48 inches and cannot handle a 10-year storm flow, much less the required
100-year storm flow—making it likely that this portion of Baptist Road could
be washed out by a major storm once all the parking lots are built out at the
Marketplace. CDOT, not BRRTA, is technically responsible for upgrading the
culvert to 60 inches but not until the interchange is improved. There is no
funding on the horizon for the interchange to be upgraded for up to a decade or
more. Even if BRRTA replaced the culvert as a safety measure during lane
widening for the Marketplace traffic, CDOT is not obligated to reimburse BRRTA.
Williams asked Mayor Byron Glenn to discuss the proposal to
build another like-sized strip mall just east of the King Soopers shopping
center on the north side of Baptist Road. Glenn said that Monument has not given
the retail center proposal any approvals and that a traffic study is under way
to determine if the existing right-in/right-out access road from Baptist Road
can fully service both centers. Williams suggested that further discussion of
design planning priorities and construction sequencing be postponed until after
the Wal-Mart hearing. A special BRRTA meeting was scheduled for Aug. 6 for this
purpose.
Forest Lakes Inclusion: There was no public comment
before the Forest Lakes development, which is located west of Baptist Road and
north of Hay Creek Road, was unanimously accepted for inclusion.
Dellacroce Parcel Inclusion: The Dellacroce parcel lies
just south of Baptist Road on both sides of Woodcarver Road, south of the Santa
Fe Trailhead. Parcel owners Ray and Robert Dellacroce, of Dellacroce LLC,
attended the meeting and informed the board that they had just learned of a
slight error in the legal description of the property in the inclusion
documentation. The board determined that the error was minor and that there was
no need to republish the hearing announcement. The description of the parcel had
been taken by BRRTA staff from the county assessor’s property description,
which had a slight error in it. The inclusion was unanimously approved, with
corrections to the parcel’s legal description.
The meeting adjourned at 4 p.m. The special meeting on Aug. 6
will be at Town Hall in Monument at 2:30 p.m.
By Jim Kendrick
The regular meeting of the Monument Board of Trustees was
delayed 45 minutes due to an earlier special executive session to receive legal
advice for the Transit Mix lawsuit. Mayor Byron Glenn then surprised the owner
of the Wahlborg addition, his developer’s representatives who had flown in
from North Carolina, and neighboring citizens by continuing the annexation
hearing until Aug. 2. due to the absence of Trustees George Brown and Gail Drumm.
Glenn said Brown and Drumm had serious concerns about the special metropolitan
district that was part of the proposal and should be present for consideration
of that aspect of the hearing. When offered the opportunity to discuss their
annexation, rezoning, and site plan portions of their proposal, the applicant
declined, saying they preferred to present the entire proposal just one time.
The board selected two new planning commission (PC) members
to fill vacant positions and also selected an alternate. Michael Maloof of
Monument’s Boy Scout Troop 17 led the Pledge of Allegiance.
125th Birthday Celebration: Former Mayor Betty Konarski
and business owner John Dominowski reported on the success of the 125th
Anniversary and Fourth of July parade. Konarski thanked Trustees Tommie Plank,
George Brown, and Gail Drumm for their daylong help, ranging from selling
lemonade and potatoes to setting up and taking down chairs, and she thanked
Mayor Byron Glenn for his presentation at the Frontier Families Awards.
Dominowski thanked the town staff, Police Department, and Public Works for their
help. He noted there were no injuries on July 3 and only one injury on July 5.
Members of Frontier Families came from as far away as Wyoming to receive their
certificates. Overall attendance was about 3,000, and Tri-Lakes Cares Building
Fund received $14,000 ($5,500 of that from ads in the Historic Brochure). The
"Historic Downtown" banners will be used in future events, and a new
stage will become permanent in Limbach Park.
Sundance Center Expansion: The board unanimously approved
a major amendment to the Sundance Center PD Site Plan to allow a 55 percent
expansion in square footage. The approval was conditional, based on guarantees
that Woodmoor Water and Sanitation could provide adequate service and that the
addition passes fire code inspections by Woodmoor/Monument Fire Protection
District. The addition will look like the existing facility, according to Victor
Chapman, architect for owners Steve and Kathy Clowes. The added floor space will
enhance the ability of the center to hold small gymnastics competitions. The
added landscaping will be similar to that currently in place, with some
improvements and parking spaces will be added.
The right turn lane from eastbound Highway 105 to southbound
Knollwood, which the owners have paid to have installed to improve traffic flow,
has not yet been constructed because the owner of the affected property is not
giving up the right-of-way. Business owners at that intersection have paid for a
traffic light to be constructed, but it is also being held up by the road
construction.
Sully’s Windshield Repair Kiosk: The applicant’s
request that the board continue the proposal to operate a windshield repair
business out of a minivan on the vacant lot between the Starbuck’s building
and the closed Burger King building was approved unanimously. The application
was subsequently withdrawn.
Soc-N-Roll Expansion: The Monument company, TTGY
requested a major amendment to the final PD site plan to add another indoor
sports facility (22,000 square feet) and a future storage building (12,000
square feet). The rink building would be directly west of the existing rink on
the L-shaped property that wraps around Monument Storage. The proposed
warehouse/storage building would be west of, and directly behind, the Monument
Storage property near the railroad tracks. The applicant also requested that the
board add a note to the amended site plan allowing for administrative approval
of a future storage building by the Planning Department without a PC or BOT
hearing.
The board discussed changes the applicant had made to satisfy
the neighboring property owner and the county, which were also satisfactory to
the town’s engineering and traffic consultants. Most current and planned
additional traffic onto the adjacent county-owned portion of Old Denver Highway
occurs at other than rush hours. However, the current traffic designation for
the change in traffic results in a higher-than-appropriate traffic impact fee
($16,000 versus $5,000), according to the town’s traffic consultant who
recommended creation of a new designation that would fit this type of business.
El Paso County Department of Transportation would like
Soc-N-Roll and Monument Storage to have a common entrance at some time in the
future. The neighboring property owner to the north, Mike Watt, and TTGY agreed
to install a new wire fence between the two properties to prevent drivers from
going through Watt’s property to access the rink’s parking lot and to
prevent off-lot parking on his ranchland. The fence satisfies the county’s
concerns. However this created a concern for Glenn regarding emergency vehicle
access to the new building and new parking lots.
There is a gate in the new fence for emergency access to the
parking lot that will be built between the old and new rinks. The new lot will
have a drive-over curb in front of the gate. Glenn asked that a second new gate
be installed to provide additional emergency access to the other new parking lot
(between the new building and the railroad tracks), even though this is not
required by the fire codes or recommended by the fire marshal.
Steve Yates, one of the TTGY owners, said he would ask for
permission from Watt for installation of another gate, but expressed concern
about the additional cost for a gate that is not required. Glenn said the lot is
narrow with a single in-out access driveway that would likely be blocked by
emergency vehicles, preventing evacuation of vehicles during an emergency.
Trustee Dave Mertz stated the same concern later in the discussion.
Glenn asked that dead landscaping be replaced with plantings
to match the landscaping of the new building. He also wanted the signs on the
building replaced by fewer and smaller, more attractive signs—with this change
made a condition of approval for the amended site plan.
Town Planner Mike Davenport had not been asked to determine
if the signs were larger than the town code allows and could not say whether or
not Glenn’s condition was legal. Glenn asked that the banners be taken down.
Yates said there were no banners, just permanent signs. Davenport asked if Glenn
wanted the signs to meet standards or his own personal standard. Glenn said
both.
Glenn said that the number of conditions was becoming too
high and that several of them should be taken care of before town approval of
the amendment. Mark Ennis of Access Construction Company said that even a
two-week delay for continuation of the hearing would likely preclude building
completion in November, which was necessary to make the development economically
feasible. He noted that he and the owners were made aware of most of the large
number of concerns only three hours before the hearing and could not resolve
them with such short notice.
After a lengthy discussion, the amended site plan was
approved unanimously with eight conditions, including a second gate and a
requirement that the warehouse go through a normal hearing process for approval.
RTA: Town Manager Rick Sonnenburg said that Palmer Lake
had decided not to seek formation of a Rural Transportation Authority (RTA) with
Monument. Creation of this RTA would have required a ballot issue in November to
authorize a sales tax for road construction and repair. The board then
unanimously rejected being included in the countywide RTA ballot initiative also
scheduled for this November’s election. The latter initiative includes the
county, Colorado Springs, and several other municipalities in the county. Some
road improvements on Baptist Road would be paid for by this RTA, however the
number of improvements and the priorities have not been finalized.
Skate Board Helmet Rule Dropped: CIRSA, the town’s
insurer, advised the town that its liability coverage for the town’s
skateboard park would be unaffected by dropping the current helmet requirement,
which Police Chief Joe Kissell said is unenforceable. After also deciding to
take down the fence, which had been a target of vandalism, the helmet
requirement was deleted by a new ordinance which passed unanimously. Signs will
be changed to say that wearing a helmet is recommended.
Disbursements over $5,000: The board unanimously approved
a payment of $17,658.18 to the Lewis-Palmer School District for cash-in-lieu
fees that had been collected on the district’s behalf. The district must use
the money to buy land for school facilities, preferring cash to an open land
dedication in a development where no school will be built. Also unanimously
approved was a payment of $15,620.92 for John C. Halepaska and Co. for water
consulting fees.
Other matters: Trustee Gail Drumm was unanimously
appointed as town representative on the Advisory Committee to the Regional
Building Commission.
Police Chief Joe Kissell presented the Police Department’s
Strategic Plan 2004-2009 for trustees to read and comment upon at a future
meeting. The liquor licenses for Conoco and Cork’n’Bottle were renewed.
A proposal by Monika Markey, a Parks and Landscape Committee
member and Toys 4 Fun business owner, to solicit tree donations for Second
Street between Beacon Lite and Highway 105 was sent back to her committee for
further refinement and definition.
Sonnenburg reported the installation of the traffic light at
Safeway and said a light will eventually be installed at Jackson Creek Parkway
and Lyons Tail when traffic justifies it.
The board then went into executive session to discuss a
negotiation and subsequently adjourned at 10:22 p.m.
By Jim Kendrick
The Monument Board of Trustees (BOT) held a special meeting
to finalize the position Mayor Byron Glenn would advocate at the July 15 Board
of County Commissioners hearing on the Baptist Road Wal-Mart. Glenn briefly
reviewed his negotiations with Wal-Mart to date, then the board decided that the
town should continue to oppose Wal-Mart’s "big box" regional
commercial rezoning request.
Glenn said he had communicated with Wal-Mart’s community
relations manager Keith Morris and real estate manager Roger Thompson. Glenn
expressed concern that the town should derive some revenue benefit from Wal-Mart
sales and property tax to pay for downtown improvements, purchase of open space,
and construction of a new police station—even with the problems that might
come from the store’s presence.
Two options he offered Wal-Mart were annexation of the
Baptist Road property or relocation to the Monument Marketplace, which has one
"big box" pad available. He stated that it is the responsibility of
the BOT to serve the residents and secure the financial stability of the town.
Glenn read a letter he had sent to Wal-Mart, dated July 8,
that said that if voters approved a referendum to annex the Baptist Road parcel,
the town would give 80 percent of its portion of the sales tax to Wal-Mart’s
public improvement corporation until its bonds to pay for Baptist Road and
Jackson Creek Parkway improvements were paid off. The town’s contribution
would thus accelerate paying off those debts. The other 20 percent of Monument’s
tax would partially offset revenue lost from the town businesses competing with
Wal-Mart.
John Heiser, coordinator for the Coalition of Tri-Lakes
Communities, distributed a prepared two-page statement. He said that in letters
to the county, the town repeatedly said its recommendations for denial of the
Wal-Mart proposal were based on concerns about:
-
Noncompliance with the Tri-Lakes Comprehensive Plan
-
The construction of Jackson Creek Parkway, south of
Baptist, not going through the town’s platting process
-
Drainage
-
Erosion control
-
Increased workload for the Monument Police Department
Heiser said those issues have not changed and that it is
illogical to now drop objections to the plan just because Wal-Mart is saying it
might annex to the town at some future date. He added that it sets a bad
precedent and would encourage other developers to go to the county instead of
the town in order to exempt themselves from the town’s regulations and land
use planning process and then extract additional concessions from the town later
in return for annexation.
Heiser asked if the town was prepared, if necessary, to
pursue a lengthy and expensive lawsuit to enforce the agreement. He also said
that if the town were to come out in favor of the project or didn’t object to
the project, it would allow the county commissioners to say the town approves of
the project even though its land use review process has not been followed and no
public hearings or formal votes have been held on this land use application.
Glenn agreed with these arguments and said that the Monument
Marketplace location would not provide a funding mechanism to pay for Baptist
Road improvements east of Jackson Creek Parkway or for extending Jackson Creek
Parkway south to Northgate. Heiser said that the town should require Wal-Mart to
pay for widening Jackson Creek Parkway to four lanes all the way to Higby if
they move into the Marketplace.
Resident Tim Schutz said that the short notice of the meeting
had caught all area residents off-guard and that no one had seen Glenn’s
letter of July 8 to Wal-Mart until this evening, precluding needed public
comment. He said Glenn’s offer to give back 80 percent of the town’s portion
of the sales tax didn’t make economic sense. He said that Glenn’s actions
were circumventing the town’s planning and approval process for annexation and
that residents had no opportunity to comment or study the financing proposal. He
said Wal-Mart was using the allure of additional revenue as a big hammer to get
the town to accept a bad proposal. He asked "Why should they [BOCC] give
the proposal a critical review when you won’t bother?"
Gleneagle resident Bill Carroll said Wal-Mart had put the
town between a rock and a hard place. He said that if Wal-Mart would not go into
the Marketplace, then another big box would—and would provide equal, if not
more, revenue without undermining the town’s Mom and Pop stores. He said Glenn’s
last-minute approach was "underhanded, whether it was legal or not."
Resident Rich Muni said he believed that the majority of town
residents were opposed to the Baptist Road location. Resident Jackie Berhans
said the Baptist Road bridge over I-25 is overloaded by traffic now and could
not handle additional Wal-Mart traffic.
Trustee Tommie Plank asked what the impact would be on the
Baptist Road Rural Transportation Authority (BRRTA). Glenn said that BRRTA didn’t
have money to build improvements and that the county had taken improvements
between Leather Chaps and Jackson Creek Parkway out of their budget and
countywide rural transportation authority proposal. He added that the road was a
"death trap" and that the I-25 interchange would not be improved for
at least six to eight years. He reiterated that the town didn’t have money for
curbs, gutters, sewers, parks, trails, open space, or a new police station.
Trustee Gail Drumm expressed concern over lost revenue
without annexation. Trustee Dave Mertz said the town had run out of time for an
open forum, this was a lose-lose situation, and the board must choose the lesser
of two evils and not gamble on the town’s behalf. He said citizens would still
have their say via the referendum on giving back 80 percent of the town’s tax
share in exchange for annexation.
Plank said Wal-Mart did not have a good reputation for
honoring agreements and asked Town Attorney Gary Shupp for his legal opinion
whether the July 8 letter’s proposal was legally binding. Shupp said he had
not seen any contracts from Wal-Mart for his review. Mertz said that unless the
board had a signed agreement, he could not support the proposal. Glenn said that
Thomas had been pretty aggressive and abrupt in saying he could not respond to
the town’s proposal before July 15. Plank said this meant that supporting the
rezoning was too big a gamble without a written binding approval from Wal-Mart.
Several trustees said they had heard that the commissioners
would approve the proposal and this was the only way the town could get any
revenue from Wal-Mart. Heiser asked if there was credible evidence that any of
the commissioners had stated their intention to vote in favor of Wal-Mart. All
the trustees acknowledged that they had no evidence of this. If a commissioner
had voiced an opinion on the rezoning prior to the hearing, this would be a
violation of law, which Heiser said would be valuable evidence in appealing a
BOCC vote of approval in court.
The trustees voted unanimously to maintain the town’s
original position to oppose the Wal-Mart rezoning request and site plan.
By Jim Kendrick
The Planning Commission’s vacancies were filled and an
alternate was appointed at the Monument Board of Trustees meeting on July 19.
Trustee Gail Drumm was absent.
Public Comments
John Heiser, coordinator for the Coalition of Tri-Lakes
Communities, thanked the board for its support in opposing the rezoning request
for the Baptist Road Wal-Mart that was unanimously defeated by the Board of
County Commissioners (BOCC) on July 15. He thanked Mayor Byron Glenn for his
statement and subsequent remarks during the question-and-answer period.
However, with three seats on the BOCC up for re-election in
November (Commissioners Brown, Howells, and Hoffman), Heiser said Wal-Mart may
re-apply for rezoning even though the motion Commissioner Wayne Williams made
was a strong indictment of the proposed plan. Heiser warned, "If you enter
into any sort of side annexation agreement with Wal-Mart, they will immediately
return to the county for approval and you will have again lost almost all
control of what happens with this project."
Marion Clark presented a letter to the board and said her
sister had been run over by a tractor at the town parade on July 5 due to
negligent driving by an unlicensed 14-year-old. She said unlicensed drivers
should not be allowed at parades. Clark’s sister was visiting from New Jersey
to recuperate from cancer and chemotherapy and was run over twice and badly
burned when the driver stalled the tractor on top of her while operating the
steering wheel with only her left foot.
Clark thanked the local police and firefighters for their
assistance and asked that town regulations be changed so this type of accident
does not happen again. Board members expressed their concerns and regret to the
victim, Mary Rasmussen, who also asked that the rules be changed and that the
driver perform some kind of community service. Police Chief Joe Kissell said the
driver had been charged with careless driving and will be appearing in Monument
Municipal Court.
Planning Commission Candidates:
Rick Sonnenburg introduced three candidates. Tim Davis is a
five-year resident and currently serves on the Chamber of Commerce. He said he
wants to positively affect the growth of businesses and commerce in the area.
Eric Johnson said he moved to Monument in April 2003 for the
culture and small-town feel. He said he wanted to be the "young
person" on the board to help interest others in government service at a
younger age and help the town preserve its identity as it rapidly grows.
John Kortgardner has lived on Mitchell Avenue for one year,
working at Synthes as a project engineer. He said his strength is planning, both
short and long term, which he thought would be useful in Planning Commission
deliberations.
The BOT elected Davis and Kortgardner; Johnson accepted an
offer from Glenn to be an alternate commissioner, after being told there is
often turnover on all town committees. Town Planner Mike Davenport told them the
next Planning Commission meeting was on Aug. 11 at 6:30 p.m. in Town Hall.
Transit Mix
Davenport said Paul Banks, of Banks and Gesso, has requested
that the town consider an application to build a concrete batch plant at the
south end of the Forest Lakes property, between I-25 and the railroad tracks,
next to the northern Air Force Academy glider runway. Banks was requesting a
combined site plan and final plat review simultaneously with a PD amendment to
the existing Forest Lakes site plan and final plat.
Banks was also requesting rezoning of the parcel from planned
development (PD) to planned heavy industrial development (PHID). Glenn asked the
applicant to provide elevations of the proposed structure and preliminary plans
regarding grading, drainage, traffic, landscaping, etc., as soon as possible if
he wants the entire issue resolved with single Planning Commission and BOT
hearings. Davenport estimated that Bank’s rezoning request could be heard in
about three months at the earliest. The applicant had waived the right to a
sketch plan phase process. The request for a combined review was approved
unanimously.
Wild Bob’s Barbecue
The applicant was not present, and his proposal was tabled.
However, the revision to the kiosk business regulation that would have been
required to approve Wild Bob’s business license request was discussed.
Karen Evans, owner of the Chick and a Windshield auto glass
repair and replacement business spoke about her desires to also get an amendment
to the recently created kiosk and parking lot business regulations. Evans
assisted the town in developing and approving these regulations a year ago. She
suggested a revision that would strengthen the traffic flow provisions based on
experience Colorado Springs has had in shopping centers and restaurants. She
suggested that the fee for a site plan amendment and business license be low
enough to avoid being an obstacle to business creation but large enough to weed
out people who weren’t serious.
Evans also indicated that she wanted to move one location of
her business from the Big O parking lot to an unpaved dirt lot between the
Burger King and Starbucks. She had to move from the original Safeway parking lot
location that the BOT had approved when construction began on the fuel center.
Business at Big O fell off by 75 percent due to poor traffic flow in the Big O
lot at this time. Evans said that this kind of relocation pattern for a parking
lot business is normal and town regulations need to be revised to make it
easier. She offered to work with the town on a revision that was an effective
compromise
After discussion about how to handle paving requirements, a
motion to approve the change in regulation for allowing kiosk businesses to move
around town from one location to another failed due to a lack of a second. The
ordinance change was continued to Aug. 2.
Three ordinances passed with five votes in favor and Trustee
George Brown abstaining because he had been absent for all three hearings. The
Sundance Center and Soc-n-Roll expansions were approved, along with an ordinance
adding unimproved unpaved right-of-way to the list of areas Public Works is
responsible for when it cuts grass. Several needed changes in the Comprehensive
Zoning and Subdivision Regulation were also approved unanimously. A resolution
to close off the north end of Snowwood Drive for a neighborhood party on July 24
passed 5-1
Contracts
A contract was awarded to T. Lowell Construction Co. for
$300,493 to connect town well 9 north of Soc-n-Roll to the well 8 water
treatment facility at Beacon Lite and Second Street with water mains. A contract
with Triview Metro District for the additional street sweeping for the new
Jackson Creek Parkway and Leather Chaps Road extensions for $818 per month was
approved.
Financial Report
Sales tax revenue for the year is down $14,000 through the
end of July, but the reasons have not been analyzed. A check for sales tax
revenue of $18,375.55 for Triview Metro was approved. Three change order
payments for well 7 improvements to Am West, Inc. were also approved for
$24,173.75, $4,547.00, and $14,950. A liquor license renewal for La Casa Fiesta
Restaurant was approved.
A four-way stop sign was approved at Beacon Lite and Third
Street.
The meeting adjourned at 8:41 p.m. The next meeting would be
held on Aug. 2 at 6:30 p.m. at the Lewis Palmer School District Headquarters
Building.
By Jim Kendrick
The requested annexation, re-zoning, and master site plan for
the Wahlborg Addition were unanimously approved by the Monument Board of
Trustees (BOT) on Aug. 2. About 40 people attended the session which was moved
to the basement auditorium of Big Red, the headquarters building for the Lewis
Palmer School District. The board also heard a request to begin phase II
construction at Navsys, located at the south end of Woodcarver. Trustee George
Case was absent. Travis Page led the pledge of allegiance.
Bikes in Skateboard Park: Page then presented his request
to allow BMX-size bikes to also use the skateboard park. He said that the
features of the park gave bike riders sufficient room to safely perform common
maneuvers even though the spacing may appear to be tight to a grown-up. He
thought his 53-inch long bike could safely land in the "four and a
half-foot landing zones" (54 inches.) He also said that skate boarders and
bikers could use the park simultaneously, not getting in each others’ way.
Riding in the park would be better for business than riding along the sidewalks
by the stores. He said that building a bike park would be hard for him and his
other 12-year-old friends. The trustees thanked him for his presentation and
answers to their many questions.
Public Works Supervisor Tom Wall researched the use of bikes
in skateboard parks and could find no instance where a municipality allowed a
simultaneous use. In October, 2002 the town’s municipal insurer, CIRSA, had
said the town should not allow bike use because the landing areas at the tops of
the ramps were too small and that park features were too close together. CIRSA
noted that bike use would increase repair and maintenance costs. Wall had
conducted a field survey of skateboard users of the park and there would be
minimal or no acceptance of sharing the park. He recommended against Page’s
proposal. Orten said to Page, "Welcome to government," and made a
motion to continue the matter to Aug. 16 for more research and discussion.
Tri-Lakes Cares’ Executive Director Judith Pettibone had
asked for a continuation on its request for a waiver of fees for construction of
a new facility on Jefferson Street. Town Planner Mike Davenport estimated that
the fees would be about $26,000. The board unanimously approved a continuation
to Aug. 16.
Navsys expansion: Woodcarver Properties is requesting
approval for Phase II construction of a second building of 41,500 square feet on
the east side of the property. Davenport said the proposal raises two questions.
The current amended PD site plan from 2000 requires that Navsys connect to the
Forest Lake Water and Sanitation District, but they will not have either service
available to the property through 2006. Davenport also said that this complexity
was more than may have been intended when the plat allowed for planning staff
approval for Phase II. The existing well has enough capacity to meet the needs
of the building, the planned manufacturing inside it, and 55 new employees. He
said the county Health Department has approved their plan to expand their septic
system. The board agreed that the water and septic plans were adequate for the
building but were concerned about the water available for a fire. Owner Allison
Brown said the inspector had indicated that there was enough water nearby in the
half acre-foot pond on the property and that the fire district could easily form
a water shuttle with tenders from local fire agencies. However this was not
written on any of the fire documentation.
Mayor Byron Glenn questioned the adequacy of the water supply
from the well in case of a fire. The documentation from the Tri-Lakes Fire
Protection District was unclear about this matter. Glenn asked Davenport to make
getting a satisfactory answer from the fire department on the adequacy of water
available without nearby hydrants a pre-condition to staff approval. The board
approved the expansion 5-1 with Glenn voting no because of the absence of
cisterns and a clear approval by the Tri-Lakes fire marshal.
Wahlborg Addition: Davenport gave a detailed presentation
on the process of annexation, rezoning, and master site plan approval for this
140 acre parcel. His presentation was very similar to previous presentations to
the BOT and the Planning Commission. The applicant, Dale Beggs of WED, LLC and
staff from his developer, Zephyr Development gave a long presentation that was
also quite similar to several previous presentations to the board and the
planning commission. They showed how the site plan had been modified to address
concerns expressed by the planning staff and residents from Woodmoor and
Monument Villas. The development has 330,000 square feet of commercial buildings
near the southeast corner of Highway 105 and Knollwood and three different
residential subdivisions with up to 276 dwelling units with over 20 percent set
aside for open space and trails.
Steve Shuttleworth and Jerry Haire of Zephyr Development
discussed how the distribution of single family lots had evolved after their
proposed 40 foot greenway around the perimeter adjacent to Woodmoor had been
criticized by the Woodmoor Improvement Association (WIA.) The developers said
they had essentially adopted the WIA covenants and construction guidelines with
a few minor changes and limited the number of drive through fast food pads to
two. They had also agreed to not having tall houses on lots contiguous to
Woodmoor residences to minimize the impact on views of the Front Range and
Palmer Divide.
Several residents of the Tri-Lakes region spoke in favor of
the project saying that Beggs was a local resident who had built many quality
projects in the area, would do a good job, and recommended approval. A few
residents spoke neither in favor or opposition expressing the hope that all the
proposals would be developed as presented. A few Woodmoor residents spoke in
mild opposition expressing concern about CDOT’s ability to manage and control
the traffic along Highway 105 and through Woodmoor residential areas. There was
also some concern about the control of storm runoffs, drainage, and views.
The major concern was traffic safety for seniors and children
who live in Monument Villas and the timing and extent of construction of
improvements to Highway 105. There will be a traffic light at the Knollwood
intersection and the applicant must build all the acceleration, deceleration,
and turn lanes required at the start of the project. However, it will be some
time before all the warrants are met for a traffic light at the entrance to the
Mormon church on Highway 105 across from which will be one of the two principal
accesses to the development. Within the development the extension of Knollwood
will curve 90 degrees from south to west and in the future be extended across
another commercial property to connect to Jackson Creek Parkway southwest of
Monument Villas.
During Trustee questioning, Glenn asked that Beggs consider
paying for the construction of an opaque screening fence along the west side of
Knollwood to allay concerns of the Monument Villas Association about trash and
dust blowing through their neighborhood during construction. Beggs agreed to
work out a plan, after noting that a similar fence will also be built on the
other side of Knollwood for the same purpose.
There was unanimous approval of the annexation, the rezoning
from agricultural to mixed use, and the master site plan. At the next BOT
meeting on Aug. 16 the board will address the issue of creation of a
metropolitan district which will perform essentially every aspect of town
services except police services. This remains controversial to some board
members who have expressed concern about the high debt load Triview Metro
District has created for residents of Jackson Creek, over $27 million to date
for about 600 homes and Monument Marketplace. Also, WED, LLC will have to return
to the town for a standard approval process for the area on the northeast
portion of the parcel that is planned to be a patio home development.
Due to the length of the Wahlborg hearing the regulation
change for kiosk businesses was also continued.
The Trails End subdivision, also called the Labib Property
that lies south and west of the adjacent Villages of Monument subdivision was
unanimously declared to be eligible for annexation with the first hearings
scheduled for Sept. 20.
The business license ordinance for massage therapy was
amended to accept national certifications and certifications from Colorado
Springs by administrative action by town staff. The town has had difficulty
staffing a review board as required by the current ordinance. This revision will
allow the staff to act on all the pending requests for licenses at this time.
An intergovernmental agreement (IGA) with the El Paso County
Department of Transportation on road maintenance exchanges was approved
unanimously. This IGA formalizes long-standing verbal agreements to plow and
pave roads such as Old Denver Highway when it makes sense to do a project
"straight through" a road segment that goes in and out of the county
and town.
A payment of $10,374.14 to GMS, Inc. for various engineering
services was approved unanimously. Treasurer Judy Skrzypek provided a
spreadsheet titled Planning Escrow Account Billing Project that needs to be
reviewed and approved by Davenport and Sonnenburg before bills are prepared and
mailed. There is a total of about $66,000 in unbudgeted recoupment that can be
collected. A final payment of $24,345.20 and a second payment of $1,575.00 to
Layne Western Drilling for well #9 were approved unanimously.
The preliminary design for the entry display for Historic
Monument to be built on the southwest corner of Highway 105 and Second Street
was unanimously approved including the additions recommended by the Parks and
Landscape Committee which included three flag poles, electricity for holiday
lighting, and pillar lighting. Davenport noted that the landscape architect had
provided unsolicited additional plans for enhancing the entire block of Second
Street down to Beacon Lite and beyond. The board rejected plans to add trees
between Highway 105 and Beacon Lite at this time.
The board concurred with the county’s plan to give the
Woodmoor Veterinary Clinic a variance through the north end of lots between the
clinic and Knollwood. County road construction on Highway 105 eliminated the
clinic’s driveway making it landlocked and the variance for the already
existing driveway was a mandatory formality.
The board approved the formation of a subcommittee to the
Police Advisory Committee that will study options for development of new Police
Department building or buildings and make recommendations for construction. The
subcommittee will include two members of the committee and three additional
citizen volunteers from the community.
The meeting adjourned at 10:30 p.m. The next meeting is at
Town Hall on Aug. 16 at 6:30 p.m.
By Bill Carroll
The town’s Police Advisory Committee (PAC) met at the Town
Hall on July 28. Since two members were absent, an alternate had to be brought
in to make a quorum and allow official business to be conducted.
Permit reviews: There was some discussion on follow-up
material discussed at the last PAC meeting relative to temporary use permits and
kiosk licensing. Apparently there is a concern that some kiosk license reviews
might not take into account traffic flow or obtain input from the police
department before such requests are approved or denied. The discussions
surrounded several applications for the Safeway parking lot. Chief Joe Kissell
pointed out that when the ordinance was set up for this activity, he did in fact
have input and all variables were taken into account. Kissell reminded the PAC
members that all such licenses go through the Police Department for review; to
date, only three applications had been received.
Change in policy: The Fourth of July parade was well
attended, but there was an incident that led the Police Department to take
remedial action for the future. Apparently somebody who was not licensed was
driving a tractor in the parade and had an accident with a parade watcher,
requiring emergency personnel and equipment response, which stopped the parade.
As a result of this incident and a similar one the year before, the town will
now require a valid driver’s license for any person driving or operating any
vehicle in the parade, whether directly associated with a float or not;
otherwise, a parade permit will not be issued. The local Sertoma Club, which
sponsors the parade, will be notified of this new requirement.
New Tasers: The town now has a new weapon in the fight
against crime: the X26 Taser. A Taser is a conducted energy weapon that uses
propelled probes or direct contact to conduct energy to a target, thereby
controlling and overriding the central nervous system of the body.
Kissell advised the PAC that he developed a policy for the
use of this new weapon and said that all officers are fully trained in its use.
He said the Taser policy states, "The decision to use the X26 Taser is
based on the same criteria an officer uses when selecting to deploy O.C. spray,
or a baton…and further that…the X26 Taser provides a force option in which
the officer does not have to get dangerously close to a threat before deploying
the tool." The new policy is clear in stating that the Tasers are not to be
used without a firearm backup in situations where there is a substantial threat
to the officer or others present.
Some of the PAC members were concerned that an officer,
possibly in the heat of an intense situation, might hesitate in determining
which weapon to use, a firearm or the Taser. Kissell pointed out that trained
officers do know which weapon to use in different situations and that the Taser
would be set up as a "cross-draw" on the officer’s utility belt.
"I’m really excited to have this new tool," Kissell said. "It
is an intermediate weapon versus the use of deadly force."
Other policy issues: Other police policies discussed
included the transportation of prisoners, the disposition of impounded vehicles,
and the department’s Strategic Plan for 2004-2009. There was also discussion
that some town residents thought they were being singled out for traffic
enforcement in that tickets were being written, rather than warnings issued.
Kissell was quick to point out that officers do not have an agenda for the
issuance of tickets nor do they harass any citizen in the issuance of tickets.
He further described the purpose of a traffic stop and what
can possibly happen when that stop is made, citing the example of stopping a
person for a broken taillight only to find a full-blown meth lab in the trunk of
a car.
In talking about the department’s Strategic Plan, Kissell
said, "This plan is important for us and the town because it gives us a
five-year window to set goals and provides us a tool to measure the
accomplishment of those goals."
Kissell noted that the top priority of the new Strategic Plan
is to build a new police station to replace the double-wide trailer currently in
use. Although the department already received another temporary building from
the school district, he is optimistic about the prospects of getting a new and
more permanent station.
Before this happens, however, a lot of work must be done and
cost estimates need to be obtained. Because of the complexities involved and the
importance of this project to the department and the town, the PAC officially
created the New Police Station Building Committee. This subcommittee will have
seven members: two from the police department, two from the PAC, and three from
the community. There was considerable discussion on how important it was to get
citizen involvement in this committee, especially from Jackson Creek, which does
not seem to generate a lot of citizen input to date.
The PAC plans to take out an advertisement in several local
newspapers seeking citizen participation on this new subcommittee. It is hoped
the subcommittee will be staffed sometime in September. If you live in the Town
of Monument (especially in the Jackson Creek area) and want to offer some input
into the new police station project, write Chief Joe Kissell at the Monument
Police Department, 154 N. Washington St., Monument 80132; or call him at
481-3253.
By Jim Kendrick
The Monument Sanitation District Board (MSD) reviewed the
procedures and legal requirements it must deal with to respond to an effort to
dissolve the district by business owners Ernie Biggs and John Dominowski, who
attended the meeting of July 20. The board unanimously approved the letter
Secretary Glenda Smith signed that states the board approved the form of the
application to dissolve the district but disagreed with the wording of the
applicants’ Summary of Proposal Measure.
The board met with Graeme and Martha Aston of Electric
Propulsion Lab to discuss the classification of the new commercial tap they had
requested. It also discussed issues regarding the amount of dissolved copper in
water samples taken at the joint wastewater treatment facility (WWTF) on
Mitchell Avenue. President Connie DeFelice was absent.
Copper
District Manager Mike Wicklund said the Tri-Lakes Joint Use
Committee (JUC) is seeking a new permit for wastewater treatment and may need
another administrative extension from the state, which is backlogged with
numerous requests at this time due to limited staffing. A concern has been two
measurements in the early part of 2004 where the microscopic amounts of
dissolved copper in discharged water have tested higher than the maximum of 12
parts per million.
While this amount has no effect on humans, it can over time
substantially harm aquatic life. There are hefty state fines, $10,000 per day,
for treatment plants whose effluent exceeds this standard.
However, it appears that a cause of the high readings may
have been the sample containers that were not meant to be used for this kind of
testing and typically have enough copper residue when new to cause an excessive
test score. Other possible sources of higher-than-normal scores are the drought
in January and February and the very cold weather on the day the samples were
taken. Director Lowell Morgan said that the actual copper amount equals 14
pennies per month.
Wicklund urged the new board members to attend the Tri-Lakes
JUC, which will meet at the Monument Sanitation District on Aug. 16 at 6 p.m.
The other members of the JUC are Palmer Lake Sanitation District and Woodmoor
Water and Sanitation District, who also use the Mitchell Avenue WWTF. Board
members Lowell Morgan and Ed Delaney represent MSD on this joint use committee.
Trails End
The proposed Trails End subdivision lies along the southern
border of the town of Monument and runs from Old Denver Highway west across the
railroad tracks. It is seeking inclusion into the district and annexation by the
Town of Monument. The Catalano Way Group’s request was approved unanimously in
concept; development will proceed pending a decision by the town regarding
annexation.
SDK1
Wicklund discussed an alternative way to connect this new
SDK1 facility at Synthes and Mitchell through residential lots to an existing
main in an adjacent residential neighborhood, in lieu of longer runs involving
more excavation along Mitchell Avenue. By negotiating easements from residents
for its new sewer line, the district was able to save SDK1 about $60,000.
Electric Propulsion Lab
The lab is expanding and had requested the addition of a new
commercial sewer tap. In discussions with the board, Dr. Aston listed all the
uses the new tap would be expected to handle and the types of chemicals that
would be entering the MSD system and those that would be captured and stored by
the lab for truck removal and external processing. During discussion, the board
agreed with Wicklund that the district should develop an alternative zero
release program and related regulations to give commercial customers another
option for disposal of industrial wastes. Aston’s request was approved
unanimously.
Dissolution Procedures
District Attorney Larry Gaddis described all the requirements
and procedures necessary to effect the request from Biggs and Dominowski to
dissolve the district. The applicants must provide a printer’s proof of the
petition form they will be circulating to gather a sufficient number of
signatures, which is the lesser of 5 percent of the number of eligible electors
in the district, or 250 electors. The actual number of electors is not known
because the district has to determine how many there are for each tap. The
district informed the applicants that they will determine that figure in no more
than 90 days.
Gaddis said all the physical assets of the district would
have to be liquidated and disbursed proportionally to these electors. Many of
the MSD sewer easements would not automatically be available cost-free to any
entity that may wish to take over the sewer system upon dissolution, such as the
town of Monument or one of the other JUC districts. Thus the entity that takes
over after dissolution must buy back all the easements and real property of the
MSD at current market value, rather than for the original purchase price.
Gaddis said this will be a long and complicated process.
Wicklund noted that all the cash reserves the district has are planned to be
used for building sewer lines—to include Wakonda Hills residents whose septic
systems may become substandard over the next few years.
Resident Sam DeFelice gave formal notice that he intended to
file suit to ensure his right to renegotiate all the district rights-of-way he
owns since dissolution would be a violation of his contract with MSD.
Gaddis observed that when Monument tried to take over the
district before, the process lasted four years before the town abandoned its
takeover attempt. He added that if the district court determines that the board
has acted in good faith in operating the district, it can throw out the
application for dissolution. There will be considerable legal expenses involved
in dissolving the district as well, which would substantially deplete any
district cash reserves. Gaddis joked that this legal work "would pay for
college and law school for his children."
Wicklund noted that there is no language pertaining to
dissolution in the JUC agreement, which would further complicate the action by
Biggs and Dominowski. Also the owner of the building MSD is leasing is not
required to make it available to the next entity that takes over the district’s
sewer operations. For example, if the town took over the district, the building
might not be available for the town to give to the Police Department, as has
been discussed at a Board of Trustees meeting.
Smith said to Jeremy Diggins, of the MSD, that this action
made her wonder why he had run for the boards of MSD and Woodmoor/Monument Fire
Protection District now that both districts were in the process of being
eliminated. Diggins said, "I got involved in special districts so there
would be less of them." He said he wanted to learn "what’s best for
the taxpayer." Smith replied, "There are a lot of people in both of
those districts who have hopes and are on fixed incomes."
The meeting adjourned at 8:15 p.m. The next meeting is Aug.
17 at 6:30 p.m. in the district office building.
By John Heiser
At its regular meeting July 28, the Triview Metropolitan
District Board of Directors reviewed the 2003 financial audit and discussed the
status of various developments within the district. The only Jackson Creek
residents present were the five board members.
Monument Development Status
Mike Davenport, Monument’s assistant town manager and town
planner, reported as follows:
-
Jackson Creek Lariat Ranch Filing 3 will be presented at
the Planning Commission meeting Aug. 11.
-
As has been widely reported, the town is in discussions
with Wal-Mart.
-
There have also been preliminary discussions regarding a
couple of multi-tenant retail projects in the Monument Marketplace and
regarding expansion of the Navsys facility at 14960 Woodcarver Road, south
of Baptist Road and west of I-25. Connection to central water and sewer
would be required for the Navsys project.
-
The proposed Jackson Creek Market Village project with a
mix of residential and commercial uses on a 10-acre parcel east of King
Soopers is being reworked following disapproval of the preliminary plan.
Hearing dates have not been set.
Monument Marketplace status
Rick Blevins of Marketplace developer Vision Development,
Inc., reported as follows:
-
As was reported last month, all major work has been
completed.
-
Work is being completed on the programming for the signal
lights at Jackson Creek Parkway and Leather Chaps Drive.
-
Triview’s Phase G1 project to extend Jackson Creek
Parkway and Leather Chaps Drive and provide water and sewer service to the
Marketplace is showing a budget overrun of about $600,000. Some of the
largest overrun items were about $300,000 on landscaping, $100,000 on the
sewer interceptor, and $90,000 on erosion control. Details will be provided
at the Aug. 25 board meeting. As previously agreed, the additional costs are
being covered by a developer loan to the district at 6 percent interest. The
board unanimously approved a letter authorizing the developer loan.
-
Discussions have been held with potential Marketplace
tenants including Wal-Mart, Target, Kohl’s, Countrywide Credit, Verizon
Wireless, and It’s A Grind coffee.
-
Negotiations with Village Inn are nearly completed.
-
The contract with Wells Fargo Bank is to close on Aug. 3.
WWTF
The Waste Water Treatment Facility (WWTF) is jointly owned by
the Triview district, the Donala district that serves Gleneagle, and the Forest
Lakes Metropolitan District that currently does not have any users.
Chuck Ritter of Nolte and Associates, engineering consultant
for the district, reported that Union Pacific Railroad has visited the site of
the proposed at-grade crossing of the rails for access to the WWTF. The current
crossing goes under the tracks using a trestle that will not accommodate the
construction equipment needed for the planned expansion of WWTF.
Sewer Interceptor Easement
Ron Simpson, manager of the Triview district, presented a
revision to the agreement with landowners for the easement used for the Jackson
Creek sewer interceptor. He reported that the agreement needed to be revised to
reflect where the pipe was actually laid. In addition it was discovered that the
1998 easement agreement was accidentally never recorded.
Peter Susemihl, attorney for the Triview district, reported
that he had worked with the current landowners to resolve liability issues.
The board unanimously approved the revised agreement.
Street Sweeping
The board unanimously approved a revision of the
Intergovernmental Agreement (IGA) with the Town of Monument to extend street
sweeping services to the newly constructed 2.4 additional miles of Jackson Creek
Parkway and Leather Chaps Drive. The additional cost is $818 per month. The
board unanimously approved the revised IGA.
Monument Sanitation District
As reported in the July 3 OCN, an application has been
submitted to dissolve the Monument Sanitation District (MSD). Simpson reported
that the Triview district received an inquiry as to whether Triview would be
interested in taking over the operation and maintenance of the MSD equipment.
Simpson said, "I would not recommend Triview taking on [MSD] operations and
maintenance. It is more suited to be operated by the town."
Steve Stephenson, president of the Triview board, said,
"We need a lot more information."
After further discussion, Simpson said he would report that
the board’s consensus is to reject the suggestion.
Sewer User Charges
Simpson reported that Rick Giardina and Associates has
prepared a study of sewer user charges that will be discussed further at the
Aug. 25 board meeting.
Stephenson said, "I am accustomed to putting something
in the rates for component improvement, to improve or replace infrastructure.
You don’t want to use debt for that."
It was suggested that adding such a charge would raise issues
for the bondholder. Blevins replied, "It is worth discussing with the
actual bondholder rather than his representative [Blevins]."
Blevins cited asphalt crack repair and resurfacing as an
example of the sort of thing that needs to be addressed. He said, "Some of
our roads are seven years old. It is time to start considering it. It is big
dollars. We need cost and timing information for the bondholder."
2003 Audit
Tom Sistare of accounting firm Hoelting & Company
presented the 2003 audit. He said the firm had reached an unqualified opinion
with no material deficiencies. He added that the enterprise fund and the general
fund are within budget. Quoting from the report, he said, "The Triview
district believes it is in compliance with TABOR."
Susemihl said, "It is my opinion that our debt is all
pre-TABOR authorized debt."
Sistare said the district is moving toward compliance with
Government Accounting Standards Board (GASB) statement 34, which will be adopted
for the 2004 audit.
More information on that accounting change is on the
Government Accounting Standards Board Web site at www.gasb.org. Under GASB 34,
statements of the district’s funds would be coupled with full accrual
district-wide statements that give an accounting of capital assets, including
infrastructure. GASB 34’s stated intent is to make a governmental unit’s
financial viability and infrastructure investments more apparent.
James Thieme, accountant for the district, said, "We
have been working on this over the past eight years. It will be completed in
September or October."
The board unanimously accepted the 2003 audit.
Wal-Mart decision and Baptist Road improvements
Simpson noted that the July 15 Board of County Commissioners
vote to deny the Baptist Road Wal-Mart proposal means the purchase of habitat to
extend Jackson Creek Parkway south of Baptist Road is no longer needed since
funds are not available to construct that roadway.
Susemihl said, "There will be pressure to address the
terrible traffic on Baptist Road. I don’t think you can undertake to do it as
a district."
Simpson noted some of the improvements the district has made
to Baptist Road including 1,560 feet of guardrail. He said, "I think you
[the Triview board] are done."
Blevins added that when it is completed, the Marketplace will
have contributed more than $700,000 to the Baptist Road Rural Transportation
Authority through impact fees of $1.25 per square foot of commercial space.
Simpson said that the interim improvements to Baptist Road
including the addition of a lane in each direction between Jackson Creek Parkway
and I-25 are awaiting U.S. Fish and Wildlife Service approval of the associated
Preble’s Meadow Jumping Mouse habitat conservation plan. By the end of 2004,
the improvements to Baptist Road required by the town for the first phase of the
Marketplace must be completed.
Simpson noted there are safety concerns regarding the dams
north of Baptist Road. He said former landowners created the dams to form
livestock watering ponds.
Blevins added that removing the dams would have to be
factored into the district’s mouse habitat conservation plan.
Creekside Park swimming pool
Simpson reported that he received phone calls asking about
the possibility of having a community swimming pool in 3.5-acre Creekside Park.
Director Martha Gurnick said, "Let them go to the Y.
There is a lot of liability with a pool."
Blevins agreed, "With operation and maintenance costs,
the need for lifeguards, wildlife getting into it, I don’t think you want a
pool." He suggested the district should get cost estimates.
Stephenson said he felt the idea should be taken to the
Jackson Creek homeowners associations to gauge perceived need and desirability.
Susemihl noted that the Woodman Hills area has one inside
pool and one outside pool. He added that if the Triview district were to own a
pool, it must be open to the public, although the fees charged could be
different for residents and nonresidents.
Water usage
Simpson said the district used 18 million gallons of water in
May and 18.3 million gallons in June. He added that an additional 5 million
gallons from well A4 were used for irrigation and construction dust control.
Administrative clerk hired
Dale Hill, district administrator, announced that Laura Blair
will start work Aug. 18.
**********
The Triview Metropolitan District Board of Directors normally
meets on the fourth Wednesday of each month, 4:30 p.m., at the district offices,
174 N. Washington St. The next meeting will be held Aug. 25.
For further information, contact the Triview Metropolitan
District at 488-6868.
By Judy Barnes
Mayor Nikki McDonald was excused; Trustee Chuck Cornell was
Mayor Pro Tem. Also in attendance were Trustees Gary Coleman, Chuck Cornell, Max
Parker, George Rees, and Brent Sumner; Town Attorney Larry Gaddis; and 32 people
in the audience.
The trustees tabled the two proposed ordinances that would
have increased commercial and residential water rates after citizens protested
the measures. The proposed ordinances, one for commercial and one for
residential, would have raised the basic monthly rate $10 in 2004, with a $5
increase July 16 and another $5 hike Sept. 16. The commercial rate would go from
$31.50 to $41.50, and the residential rate would go from $28 to $38.
The ordinances also contained a provision that every January
and July, the council would review whether another increase was warranted—with
a default increase of 4 percent possible twice a year unless the board chose
otherwise. Only the basic rates, which include 5,000 gallons of water, would
change. The overage fees–rates for water usage over the first 5,000 gallons–would
remain the same. Water Trustee Cornell noted, "For the last three years we’ve
been in the hole; we can’t continue like that."
Parker gave a PowerPoint presentation to explain the need to
increase the basic water rates to cover expenses, while the overage payments
would be used to build a reserve. He noted that for the past four years, water
costs have outpaced water revenues, even with a 13 percent increase in the
number of water taps. A three-day test of the new well cost $1,500 in
electricity, which adds to the water cost. Parker commented, "Overage fees
don’t cover costs; basic rate fees do." He also noted that the last
increase for a one-inch commercial tap was in 1989. According to a consultant’s
analysis, in 1983 , when the water rate was $20 per month, it should have been
$28.
In 2002 and 2003, a significant decrease in usage (due to
drought-related water restrictions) led to a decrease in revenue. At the end of
June, there was about $30,000 in reserves.
Cornell said that costs for water treatment chemicals keep
increasing and that the state now requires water testing to be done monthly
instead of quarterly, which increases the amount of chemicals used. Also, the
state now requires that calibration of related machinery be done quarterly
instead of semiannually. All in all, costs keep rising, while the rates stay the
same.
Public input
Charlie Pocock suggested tabling the ordinance until further
research was done. Kim Makower claimed that Palmer Lake’s water rates were
higher than others he’s seen and presented a chart comparing rates. Cornell
responded, "Our rates are based on our costs; there is nothing punitive
about our rates."
Chuck Jones asked for details on the costs–salaries,
chemicals, etc.–and questioned why other entities charged less. "You’ve
got to sell water to make money," he added. Parker replied that the budget
shows the operating expenses Jones asked for. Cornell responded, "If we had
sold all the water we could over the last two years, we’d have run out."
Pocock spoke again, adding that a $5 increase would be okay, but that they
should look at reducing costs.
Carol Coopman said, "Every customer should be given
notice of an increase… It’s common courtesy." She agreed that something
should be done to reduce costs and that the trustees should hold off on a vote
until there was more information and more people involved. She suggested
freezing taps, that selling them implies there is water available and is a
liability to the town. Parker replied that increasing the cost of taps
(currently $10,000 for a ¾-inch residential tap) would have the same effect.
Trish Flake suggested positing all the relevant information
on the town’s Web site and notifying customers on the next bill of how they
could access the information. David Davidson suggested postponing the issue
until a balance sheet was available.
Coleman said his parents reside in Colorado Springs, and
their June water bill for a two-bedroom house on a small lot was $90. A year
ago, their total utility bill–gas, electricity, sewer, and water–was $80.
Sherry Brown asked how many trustees would be affected by an increase in water
rates. Only one of the five used town water; the rest had wells.
Gaddis said the council had three choices: to table the
ordinances, to pass them as written, or to amend as proposed and act. Reese made
a motion to table both ordinances. Parker said the situation was an emergency
and that they needed to put into place some kind of rate increase. Sumner and
Coleman agreed to table the issue. Cornell said, "I’m willing to take
another look at how to cut costs." The motion to table the ordinances for
30 days carried unanimously.
The trustees encouraged citizens to join the water committee,
which would meet to reevaluate the information presented and correct it as
necessary. Council directed the office staff to put a message on the August
water bills informing citizens that the basic rates will be increased with the
September meter reading.
Updated committee reports
Coleman reported that the Roads Committee gave Randy Jones
permission to drill two test holes on Frontier Lane. Also, the magnesium
chloride tank is ready for delivery, and 700 tons of class 6 has been placed on
High and Dixie Streets. Cornell reported that water use is up with the increase
in temperature. Parker reported he will be calling for a business meeting for
Economic and Community Development, and will contact the businesses along
Highway 105 and County Line Road.
He noted that 76 artists participated in the Tri-Lakes Views
Art Show, and that $8,500 was raised from corporate donors for the Tri-Lakes
Center for the Arts. Also, the Cub Cadet tractor has arrived.
Reese reported a total of 142 police calls for service in
June, compared to 153 in May. In June, there were 29 traffic citations; in May,
there were 17. In June, there were 22 dog warnings, with 24 in May. There was
one custody arrest in June, and three in May.
Jaqui Parker reported for the Palmer Lake Citizens for
Community Awareness. Cyndi Henson has written an article for the local
newspapers about the Disaster Phone Tree Information Form. Bob Miner reported
that the Fountain Creek Watershed Committee has identified improvement of the
culverts at Walnut Street as a project for possible funding. He also noted that
the Fourth of July celebration was highly successful and urged public
acknowledgement of those responsible for the success—especially the cleanup.
Moroni Replat
Michael Brennan explained that the previous surveyor had not
set any of the pins as required. Surveyor Bill Baker, while resurveying, found
the footage assigned to each lot was inaccurate. A motion to approve carried
unanimously, with provisions that a trustee review the Mylar, that easements are
shown, the water line across the lot is resolved, and the pins are set.
Hallin Hill Subdivision
Tim Shank stated that he met with Coleman, Roads Supervisor
Bob Radosevich, and Town Engineer Paul Gilbert. They decided to create a small
hammerhead [turnaround] at the top of South Fork and Shady Lane. The engineer
design was not yet completed. The council recommended that the issue be tabled
until the road configuration is complete, to make sure that both lots are of a
buildable size. Gaddis said the applicant would have to return to the Planning
Commission. The trustees voted unanimously to postpone the request to the August
meeting.
The meeting adjourned at 9:22 p.m.
By Kim Makower
The Palmer Lake Town Council (TC) on July 8 delayed the
proposed increase in the basic water rate for commercial and residential
customers in order to give residents time to review the increase and provide
input to a newly formed water committee. At that time, trustees asked for
volunteers for this committee; they selected two of those who volunteered:
Charlie Pocock (a former trustee) and Trish Flake (an applicant for the vacant
trustee position). The other members of the committee include the trustees
(except Brent Sumner) and most of the town’s employees.
The committee convened on July 14 at 4 p.m. to discuss the
town’s proposal to raise the base rate for typical three-quarter inch taps
from $28 to $38 for residential and from $31.50 to $41.50 for commercial users.
The purpose of the rate increase is to cover the increased cost of water
treatment chemicals, costs to operate the new deep well to the Arapahoe aquifer,
and pay raises for town employees, who haven’t had a salary increase in three
years. The revenue collected from water bills pays the salaries of two full-time
town water employees and about half of the salaries of four other employees who
perform water-related tasks.
The Water Department is a designated Enterprise fund with two
subaccounts relevant to this issue: the Water Tap Fees Fund (for capital
improvements), funded by one-time tap fees; and the Water Enterprise Fund (for
operations), funded by water billings. The Tap Fees Fund was reported to have a
balance of about $897,000; it pays for major improvements costing over $5,000.
The Enterprise Fund pays for day-to-day operations and minor repairs at the
filter plant and wells; it currently has a balance of $8,000 to $9,000,
according to Town Treasurer Della Gray (formerly Della Gins).
Participants weren’t clear about the actual cost of water,
although Trustee Max Parker stated that it has risen from $5.30 per 1,000
gallons in 2002 to $6.70 in 2003. Pocock urged the trustees to adopt a
commonsense approach to this issue. He asked why the town doesn’t charge a
rate that compensates the town for its cost to produce each gallon. The question
remained unanswered. Mayor Nikki McDonald said, "We don’t need [citizen]
support for this. We [the TC] can just do it."
Pocock raised the idea of two alternative sources of water
revenue. One had to do with charging the private well users a fee for statutory
"augmentation." Currently, the town is required to return water to the
water cycle through a law called augmentation. Some water entities require
private well owners to pay an augmentation fee. The other source of revenue
would be to raise commercial rates to equal or exceed residential rates.
Currently, commercial users pay a slightly higher basic rate but a lower usage
rate than residential users. Chuck Cornell, the designated water trustee,
assured the citizens on the committee that commercial rates will be raised
substantially in a future ordinance. Both revenue ideas were rejected by the
majority of the trustees and employees.
Pocock resumed his questioning: "Why do we slap a little
old lady on a fixed income with a 36 percent increase in her water bill? Why do
we do the same to our summer residents who use no water?" These customers
using less than the basic included amount of 5,000 gallons make up approximately
one-third of the town’s customers, according to figures presented at the TC
meeting on July 8 by Parker. Cornell responded, "I don’t care about
summer residents paying $40 per month." McDonald agreed, "If they can
afford a summer home in Palmer Lake, then they can afford to pay for
water."
Discussion turned to the issue of a biannual raise in the
basic water rate. Every six months, the rate would automatically be raised by 4
percent until the TC determined that the operating fund was adequately funded.
While Parker wanted this provision in the ordinance, most of the committee
disagreed. Flake agreed to compile an educational question-and-answer document
for the town, adding her desire for citizen input and participation. The next
meeting was scheduled for the following Tuesday at 4 p.m.
By Kim Makower
The Palmer Lake Water Committee reconvened at 4 p.m. on July
20. All of the committee members were in attendance. Pocock began the meeting
with questions concerning the charts of financial numbers presented by the TC at
their July meeting. He contended that the table that calculated revenue on a
straight-line calculation was a "bad table" (905 water customers
multiplied by $28 equals $25,340 per month, $304,080 per year). He pointed out
that this table, which shows the town having a financial deficit for the past
four years, ignores actual revenue as well as the different basic rates of $28
for residential and $31.50 for commercial customers.
Pocock then turned to the total revenue from water invoices
versus the total expenses attributed to water. His calculation from the town’s
numbers indicated that the account should have $156,453 as its balance, yet it
reportedly had only $8,000 or $9,000. Gray and the trustees couldn’t isolate
the discrepancy and blamed it on the person who compiled the chart (who was not
present at the meeting). After much discussion, Mayor Nikki McDonald asserted,
"Whatever happened ... there is no money there."
After being asked whether it was right for the TC to base an
increase in rates on "bad accounting numbers," trustees said the
errors were inconsequential; however, they agreed to meet at a later date to
address the errors.
Julie Lokken then said that "minimum revenue [basic
rates] versus total operating expenses is the only thing we are dealing
with." She said that actual usage was not a reliable way to budget for
water revenue. McDonald and Lokken insisted that commercial rates need to be
raised.
Pocock offered an alternative plan to consider for the
future: "Why don’t we charge for each gallon used, as we measure it each
month anyway?" His calculations based on the town’s expense numbers
indicated a fixed cost (salaries) for water of $16.87 per customer. The variable
cost to produce 1,000 gallons is $3.15. He proposed the basic rate be lowered to
$20 to cover the fixed cost to provide water, leaving a $3.13 excess for other
expenses. This fee would include no water and do away with the current 5,000
gallon minimum included amount per customer. The charge for water would be $3
per 1,000 gallons up to 5,000, then $4/1,000 up to 10,000, then $5/1,000 up to
15,000, etc. He proposed the rates be the same for commercial and residential
customers, thereby eliminating the inequity in water rates between the two
groups. Using the town’s numbers of historical usage data, this plan would
bring in at least as much revenue as the town’s plan, he claimed.
Pocock then stated, "This seems much simpler and fairer
than keeping the convoluted system of free water," which was his way of
describing the 5,000 gallons included with the basic rate. Parker criticized
this plan and took issue with the implication that the town offered free water.
He thought that the basic rate should include a water minimum.
Flake then presented her question-and-answer document. She
asked to get consensus so she could produce a summary document on the water
issue to make available to the public. Her questions were answered and recorded
to finalize the document for public distribution.
The issue will be presented in the upcoming town council
workshop and the meeting Aug. 12 at Town Hall at 7 p.m.
By Jim Kendrick
The second monthly special joint board merger meeting of the
Tri-Lakes and Woodmoor/Monument Fire Protection Districts (TLFPD, W/MFPD) was
held on July 6 at the Tri-Lakes station with a standing room only audience in
attendance. The board heard reports from some of the firefighter subcommittees
working on operational aspects of unification. However, the chiefs were not
asked to review or comment on any of the documents submitted for board review by
the firefighters at this meeting, from an operational or policy standpoint. All
matters discussed were continued to the next meeting in August. The boards also
discussed four unification issues.
Directors Rick Barnes of TLFPD and Bob Harvey of W/MFPD were
absent. All but one of the board members of Donald Wescott Fire Protection
District (DWFPD) attended, as observers. The chiefs and assistant chiefs of the
four departments (including Palmer Lake Volunteer Fire Department, PLVFD) also
were in the audience (except for W/MFPD Chief Dave Youtsey, who was away on
vacation). In addition, there were around 40 other former board members,
residents, and firefighters from the four districts in attendance.
Opening Statements
Woodmoor board president Si Sibell noted that he and his son
had prepared the two-line banner displayed at Monument’s 125th birthday
celebration on July 3 that stated "Working together to serve you better;
Your area fire departments." Originally only TLFPD and W/MFPD were to be on
the banner’s signature line, as per prior agreement between these two
departments. But Sibell said he had been criticized on all sides for excluding
the other two fire departments and so changed it after the June 28 W/MFPD board
meeting. He also suggested at that meeting that the other departments bring
their vehicles to the display on July 3. Sibell told the joint board members
that he felt the revision was in everyone’s interest because if the districts
cannot cooperate on a banner, they can’t effectively merge.
TLFPD Treasurer John Hildebrandt responded by saying
"since Si opened it up," that Sibell had made a unilateral decision to
change the wording originally agreed upon. At the June 8 joint meeting,
Hildebrandt had emphatically indicated that Tri-Lakes did not want DWFPD or
PLVFD to be part of the merger process at this point; this would preclude
mentioning the four departments together in any sort of public relations.
Hildebrandt added that if Tri-Lakes and Woodmoor couldn’t
agree on a banner, "then we can’t agree on unification." He
reiterated that the public awareness committee for the two districts had agreed
to the more restrictive wording, and "Si changed it, not the (TLFPD)
board." He concluded by saying, "We are a board, and we make board
decisions." [See related photo on page 32]
Fiscal Subcommittee
Treasurers Hildebrandt and Jeremy Diggins (of Woodmoor)
reported that they had prepared tentative spreadsheets to reconcile the
differences in format between their respective budgets. Hildebrandt said that
the current Woodmoor/Monument district assessment that produces tax revenue of
about $941,000, would only produce about $664,000 at 7.0 mills and that Woodmoor’s
special use tax revenue would similarly decline from about $139,000 to about
$99,500. He added that Woodmoor’s revenue would actually be less in the future
due to a 3.42 percent decline in the district’s assessed value. He also said
Woodmoor could not meet its payroll of about $682,000 and medical benefits of
$103,000, which would place an added burden on Tri-Lakes upon merger, adding,
"We’ve got some work to do." He noted that Woodmoor pays 100 percent
of health benefits for its employees and their families, about $250 per month
and $538 per month respectively. Tri-Lakes only pays 50 percent of its full-time
employees’ health benefits and does not pay for family member coverage.
Hildebrandt said that in a merger the goal is for each
district not to present an additional budgetary burden on the other. He said
Tri-Lakes has a large debt but is paying for it within their balanced budget.
Tri-Lakes has over $1.8 million in debt, which will continue to increase to
cover the cost of two new engines just purchased for the Roller Coaster station,
as well as future construction costs for another new station in Jackson Creek,
and more new engines for this station as well. In contrast, Woodmoor/Monument is
currently debt free and operating in the black, but has a 9.92 mill levy
compared to TLFPD’s 7.0 mills.
W/MFPD Assistant Chief Jim Rackl confirmed Hildebrandt’s
approximate revenue estimates with more precise figures. Diggins said he had not
had a chance to look at these figures because of his involvement with Monument’s
holiday celebrations, but thought there could be sufficient savings in other
parts of the budget that might prevent the Woodmoor firefighters from being
hurt.
Former Woodmoor Treasurer Russ Broshous asked what
assumptions were to be used in attempting to meld the two budgets. Hildebrandt
said that if Woodmoor can only bring $763,000 in revenue with an operating
budget of $870,884, then Tri-Lakes would be responsible for the $111,000
deficit. However, there would only be a deficit if Woodmoor cuts its mill levy
to 7.00 mills.
Broshous asked what staffing assumptions would be used in
budgeting for a merged district. Hildebrandt said that Woodmoor should not be
expected to help pay Tri-Lakes debt and that Tri-Lakes would not help Woodmoor
with its budget shortfall. Broshous asked if the mill levy and debt issue
positions had already been decided or whether they would still be a discussion
item. He received no reply. The issue was continued.
Operational Commonality Subcommittees
Common 911 alerting: With no opportunity for public
comment and no formal vote, both boards’ attending members signed a joint
resolution adopting a new policy on common 911 alerting, and drafted Tri-Lakes
Captain Brian Jack and Woodmoor-Monument Acting Captain Mike Dooley. The chiefs
could not comment about or review the document before it was signed. The
resolution requests that the El Paso County Sheriff’s Office Fire Dispatcher
page both districts for any emergency in either district. This resolution will
take several weeks to enact because it requires reprogramming the county’s
dispatching software for every address within both districts.
W/MFPD Captain Larry Garner asked if the joint board could
sign the resolution without review or discussion at regular individual board
meetings. Hildebrandt replied that they had said they would do this at the start
of this meeting. However, the minutes of the July 6 meeting say that both boards
voted unanimously in favor of the resolution.
Closest Force Response Subcommittee: A map was displayed
that showed the Tri-Lakes and Woodmoor-Monument districts divided into three
parts: area 1 to the west of I-25, area 2 to the east of I-25, and area 3 as a
narrow section just north of Baptist Road near Wescott’s Gleneagle station.
Approximately 27 percent of Tri-Lakes medical calls are in Jackson Creek,
Kingswood, Fox Pines, and Fox Run, all in area 3. It was tentatively agreed that
it might be a good policy to have medical personnel dispatched from Wescott to
these neighborhoods as well as to the King Soopers shopping center because
Wescott could arrive far more quickly—even after the Roller Coaster Road
station opens in October.
However, all transports from these three areas would still be
made by a Tri-Lakes ambulance. Jack noted that even if Tri-Lakes only had two
firefighters on duty for their engine, it would be dispatched because two people
were better than none. The North Group standard is a minimum of three
firefighters on an engine. The issue was continued.
Common Ambulance Service Subcommittee: The subcommittee
presented a draft contract with Tri-Lakes to provide ambulance service for both
districts, for review and acceptance by Woodmoor board members. The chiefs were
not asked to make any comments on the contract. Jack said they were "not
trying to circumvent the chain of command, just trying to give the board
line-level input." Broshous said the Woodmoor board would need time to
review the contract proposal.
There was a lengthy discussion of who would determine, and by
what method, whether a paramedic would go on a Tri-Lakes ambulance transport to
a hospital in lieu of only emergency medical technicians (EMT); no conclusion
was reached. There was no decision made regarding the current Woodmoor policies
on paramedic on-call and dispatch (level-of-service) requirements, which are
currently higher than Tri-Lakes standards. TLFPD President Charlie Pocock read a
list of the levels of qualifications of Tri-Lakes personnel actually riding in
the ambulance for their first 50 transports in 2004. The Sheriff’s Office Fire
Dispatcher determines whether a medical response is a basic or advanced life
support dispatch. The issue was continued.
Joint Training SUbcommittee: Dooley and Jack asked that
they be relieved of this responsibility and that the task of developing
standardized training between the two districts be passed to the training
officer of each district. There was agreement. Jack said there had been a delay
in getting names for this and other subcommittees from Woodmoor. However,
Youtsey had faxed the list of Woodmoor nominees for every committee and
subcommittee to Tri-Lakes on June 14, with Rackl listed as the Woodmoor member
for joint training; Rackl said later he was never contacted. The issue was
continued.
Fire Prevention and Inspection Subcommittee: Woodmoor
Fire Marshall Tom Eastburn and Tri-Lakes Captain Tom Mace passed out a draft set
of policies, procedures, and forms to integrate fire inspections within both
districts. After giving an overview of the various documents in the package for
the board members to read and comment upon, there was a brief discussion of
current three-phase building inspection policy and procedures within the
Woodmoor district. Eastburn and Mace will incorporate the best aspects of the
two districts’ methods and prepare draft documentation for inspection for the
boards’ review. The issue was continued.
Public Perception Committee
Keith Duncan of TLFPD presented some ideas for the future
after noting the success of the fire display at the 125th birthday celebration
and also in the parade. He proposed a joint public picnic and pancake breakfast
for Labor Day weekend, coupled with the union charity drive for the Muscular
Dystrophy Association and joint open houses in October. He asked the members of
both districts to comply with the "speak no evil" philosophy, adding
that "the press does a fair job of reporting what they hear at
meetings." He asked that comments be specified as personal beliefs, to help
ensure accuracy of reports in the Tribune and OCN.
Functional Commonality Committee
Jack said he didn’t know who his contact at Woodmoor was
for this committee but that he wanted to be replaced for this position as well,
so he could focus on operational commonality issues. Youtsey had nominated
himself to this committee in his fax of June 14 to Tri-Lakes. Dooley said that
the reassignment of names to this committee should be delegated to the chiefs
with both nominees assigned to the same shift for ease of meeting. The issue was
continued, concluding the committee reports.
Unification Issues
Each issue from the agenda is shown in italics, followed by a
summary of the discussion. Pocock prefaced the discussion by saying the boards
should achieve agreement among themselves before any time or money is spent for
legal counsel.
1. Will there be a net-zero unification? That is, should
each department be expected to stand on its own without expecting financial
help from the other? Tri-Lakes has, and is expected to continue to have debt
and the annual payments are included in its budget. Woodmoor-Monument has no
debt but it has a considerably higher mill levy.
Pocock said there was no way district taxpayers would vote to
subsidize the other district. He and Sibell agreed that spreading the higher
number of Woodmoor paramedics around all three shifts at both stations should
improve overall capability, but that this goal may be too hard to actually
achieve. Pocock, Sibell, Hildebrandt, and Diggins agreed that this goal should
be "strived for" until the consolidated financial plan is available
for review.
Hildebrandt said that Woodmoor’s inability to meet its high
employee expenses would force Tri-Lakes to run in the red, assuming that
Woodmoor drops its mill levy to 7 mills. "We would be at deficit spending
and that may run our budget into the red and that would be a problem." The
boards agreed this would be a moot point after unification because there would
be a single overall budget.
Pocock said this issue may prevent consolidation and the
districts could go to a fire authority so each district could maintain its own
distinct budget and mill levy. Broshous said that the unified district could be
designed to meet the 7-mill levy or the current level of service for Woodmoor
constituents. Pocock said the fiscal plan had to be solid and justifiable to the
taxpayers and that an equal 7-mill levy would require an equal level of service
with that of Tri-Lakes. Hildebrandt said he had not received all the necessary
Woodmoor information to fill in his spreadsheet to analyze the fiscal issues.
The issue was tabled until there is a firm fiscal plan for merger.
2. Should we strive for an equal property tax mill levy?
The Tri-Lakes mill levy is fixed at seven mills while the Woodmoor/Monument
mill levy is flexible within certain limits. Under the consolidation or
inclusion methods the same mill levy would be required, but a common mill levy
would not be necessary in a fire authority unification.
The boards concluded that they should strive for an equal
mill levy. They also agreed that both boards need legal guidance on the
complexities of each of the three unification options and their effect on the
two districts’ current exemptions to the state TABOR and Gallagher Amendments.
Another concern was whether a re-vote on these exemptions is part of a
unification vote. Pocock said he had calculated that both districts would have
lost about $350,000 in combined revenue over the past five years without these
exemptions. The issue was continued, pending follow-up action by Pocock and
Sibell to find qualified local area lawyers. Broshous suggested the districts
get separate lawyers.
3. Will the unified district have a volunteer component?
Tri-Lakes evolved from an all-volunteer fire service and its volunteers
continue to be an essential element of the organization. All Tri-Lakes paid
members were at one time volunteers, so the volunteer culture persists.
Woodmoor/Monument, on the other hand, tried volunteers for a while but
abandoned the concept and has not gone back. Tri-Lakes is firmly committed to
its volunteers, but there may be some cultural adjustment necessary in
integrating volunteers at Woodmoor/Monument.
During the transition to unification, some Tri-Lakes
volunteers would be assigned to the Woodmoor station, but there are insurance
liability, workers’ compensation, and sleeping quarter issues that must be
resolved. The boards agreed that Woodmoor should return to using volunteers. The
issue was continued.
4. Tri-Lakes has a basic record of filling higher level
positions by promoting from within the organization and paid positions are
filled from volunteer applicants, so there is no learning curve or requirement
for department orientation. Woodmoor/Monument has a history of looking outside
the organization when filling higher level positions or vacancies. What should
our policy be?
Broshous said he didn’t believe this was Woodmoor policy
and said there should be a common joint policy after unification. Diggins and
Wilson agreed. Garner said the policy should be to promote in-house or develop
people in-house.
Closing Public Statements
Wescott President Brian Ritz asked if W/MFPD would be
presenting the revised three-district Memorandum of Understanding (MOU) Sibell
had requested Wescott Chief Bill Sheldon prepare on June 28 for discussion at
this meeting. Although Sheldon sent the draft MOU to Woodmoor on June 29, Sibell
said, "I haven’t seen it." Diggins said, "It just didn’t make
it" onto the agenda. Sibell then said that it had "been a busy, busy
time. I read it but haven’t contacted the board." Wilson asked when the
Woodmoor contract for its AMR ambulance expires and that the Tri-Lakes contract
should be discussed at the Woodmoor board meeting. Hildebrandt said the two
districts should agree to have the same advising physician.
Wescott Treasurer Dennis Feltz said that Wescott agrees with
agenda items 2, 3, and 4, has a 7-mill levy, and would have no difficulty with a
net-zero unification. He asked again that Wescott be part of closest force
response for the good of southern Tri-Lakes constituents.
Executive Session
The board took a recess at 9 p.m. before going into executive
session to discuss a legal negotiation. Pocock said there would be no
announcements after the executive session. The board came out of executive
session at 9:50 p.m., then adjourned.
The next joint board meeting was planned for Aug. 3 at 7 p.m.
at the Tri-Lakes station.
By Jim Kendrick
The Donald Wescott Fire Protection District Board received a
clean draft audit from Terri Rupert of Hanson & Co. at its meeting on July
14 and also announced a general change in accounting methods that will require
depreciation for all future capital equipment purchases over $2,000. The final
report was forwarded to the state on July 23. In addition, the district is
seeking alternative design proposals for expanding the Gleneagle Drive station.
The board also approved a 3 percent pay raise for its employees. Board Secretary
Dave Cross was excused.
Treasurer’s Report
Treasurer Dennis Feltz said the district recently received an
allocation of $237,711 in property tax revenue from the county. A deposit of
$200,000 was sent to Colorado Local Government Liquid Asset Trust to earn better
interest until needed for operational expenses. The report was accepted
unanimously.
A resolution advising Peoples Bank of what powers are granted
to each authorized signer for the district’s account was passed unanimously by
the board. The authorized signers are now Feltz, Cross, and Chief Bill Sheldon.
Addition to Gleneagle Station 3
Director Kevin Gould said he had received a preliminary
estimate of between $275,000 and $325,000 for two initial drawings. These
drawings can be adjusted, and the board can also get alternate bids on different
portions of the addition. Sheldon said he would like additional space upstairs
for a workout room and storage. The district is applying for federal grants that
will help fund expansion, particularly space for physical fitness. The board
prefers an expansion that will not change the façade of the station. The board
decided it will ask for three to four alternate designs that will allow for
different bids on different portions of the addition and provide flexibility in
prioritizing components of the addition. The board decided to set an approximate
budget of $300,000 at this time.
Chief’s Report
Sheldon reported the purchase of a power washer for
approximately $3,500. He also purchased some attachments and supplies for around
$100. He was given a budget of $5,000 at the June board meeting.
Sheldon reported on the effect of an improvement in the
district’s Insurance Services Organization (ISO) rating from a 6 to a 5 (a
lower number is better); the effect would be a change in the rates insurance
companies charge policyholders within the district. American Family considers
ISO ratings of 4, 5, and 6 the same. USAA uses zip code as a measure, although
the ISO rate change could make a difference; homeowners need to initiate any
requests for changes with USAA. State Farm uses a zip code method and considers
all of El Paso County under the same rating, depending on whether the area has
hydrants or not. Sheldon will put together a newsletter for Wescott’s
constituents informing them of the ISO rating change and urging them to check
with their insurance agent to see if it can lower their rates.
The district has scheduled its annual open house for Oct. 16.
DWFPD received a certificate of achievement for no injuries
during the first quarter for 2004.
Sheldon has received one bid for liability insurance that is
due for renewal Oct. 1. Two other companies are expected to make bids.
The district received a $1,000 grant from the El Pomar
Foundation for wildland fire equipment. Sheldon noted he has already purchased a
new chainsaw, which will be used in the new brush truck
DWFPD also has received computers, printers, monitors, and
other equipment from Buckley AFB in Denver.
Update on Unification of Northern Fire Districts
At its June 28 meeting, the Woodmoor/Monument (W/MFPD) board
had asked Sheldon to rewrite the existing two-way Memorandum of Understanding (MOU)
to include the Tri-Lakes Fire Protection District (TLFPD). The W/MFPD board
planned to present the new MOU at the July 6 special joint board meeting with
TLFPD. Sheldon said he gave the amended MOU to W/MFPD Chief Dave Youtsey in
plenty of time for it to be distributed to all members of both boards for review
and discussion at that joint meeting, but the issue was not addressed. Sheldon
noted that when asked about the MOU near the end of the July 6 joint meeting, W/MFPD’s
board president Si Sibell first said he had not received it, and then said he
had received it but had not had the opportunity to read it. The Woodmoor and
Tri-Lakes boards decided to discuss the draft three-way MOU at the next joint
board meeting on Aug. 3.
DWFPD President Brian Ritz said he was in the audience at the
July 6 meeting and stated then that Wescott has performed its part in the
unification process in good faith and has done everything possible to date to
expedite the process. (DWFPD has not been invited to participate in the joint
board.) Ritz said it remains to be seen whether the three-way MOU will be
discussed at the Aug. 3 meeting. He also said he will continue to attend future
joint board meetings, as well as the other two districts’ general board
meetings.
At the TLFPD board meeting on July 15 however, the three-way
MOU proposal was tabled.
Automatic Aid
Sheldon noted that members of the North Group automatically
respond out of district on certain pre-agreed types of fire calls when
dispatched by the El Paso County Sheriff’s Office dispatcher, but there is no
automatic aid agreement in the county for medical calls in other fire districts.
When there are multiple medical calls within one district, the tasked district
individually calls for assistance from another district. There was a
presentation at the July 6 joint board meeting stating that it would be
advisable to include DWFPD in the planning considering closest responders,
particularly for Jackson Creek and Fox Run residents. Sheldon reported that they
discussed a draft proposal to allow Wescott to send initial medical help to
these two neighborhoods because of the shorter travel time. However, TLFPD will
not allow Wescott’s AMR ambulance to transport from these Tri-Lakes district
neighborhoods. Sheldon added that Tri-Lakes still refuses to consider allowing
DWFPD to participate in the joint board meetings.
Ritz also reported that at the July 6 meeting he had
supported this tentative proposal, stating it would be advisable to include
Wescott in planning closest responders for all neighborhoods east of I-25,
particularly for Jackson Creek and Fox Run residents. No action was taken on the
draft proposal, though further discussion was planned for the Aug. 3 joint
meeting.
Advising Physician Issues
Sheldon reported that there continues to be a difference in
the medical procedures that Tri-Lakes emergency medical technicians (EMT) and
paramedics can perform compared to Woodmoor and Wescott because Tri-Lakes has a
different advising physician. The AMR contract with Woodmoor will be allowed to
lapse in August, and Tri-Lakes will then provide ambulance service to the
Woodmoor district. This will cause problems if a Woodmoor paramedic participates
on a Tri-Lakes ambulance transport because of conflicting certification systems.
Woodmoor, Wescott, and AMR EMTs/paramedics are all certified by the same
advising physician, Dr. Dave Ross.
New Business
Ritz, who is a sergeant in the Colorado Springs Police
Department, advised the board that DWFPD firefighters have asked for training on
tasers that are currently being used by law enforcement officers. Ritz is a
certified taser trainer and will coordinate the requested training.
Ritz suggested the department purchase a screen door for
Station 2. Sheldon also suggested a room air conditioner. Sheldon received
approval to move forward with these purchases.
The board voted to enter executive session at 9:24 p.m. to
discuss a personnel matter. The regular meeting was resumed at 10:07 p.m.
Pay Raise
A proposal was made to give firefighters a 3 percent raise
effective July 1. The proposal was approved unanimously. A second proposal was
made to give the administrative assistant a 3 percent raise. This proposal was
approved 3-0-1; Ritz abstained to avoid conflict-of-interest concerns.
The meeting was adjourned at 10:16 p.m. The next meeting will
be on Aug. 18 at Station 2 at 7 p.m. Board meetings are normally held the third
Wednesday of the month.
By John Heiser
The Tri-Lakes Fire Protection District (TLFPD) board of
directors held its monthly meeting on July 15. All directors were present.
Chief’s Report
Chief Robert Denboske reported as follows:
-
During June, the district responded to 86 calls, bringing
the total so far this year to 548. The 86 calls during June were as follows:
37 medical, 19 fire, 25 traffic accidents, 4 public assists, and 1 hazardous
materials; 36 people were transported to area hospitals.
-
Total district personnel stands at 73.
-
The district received a state EMS grant for a new
ambulance and stair-chairs. This is a matching grant where the state
provides half the money and the district supplies the other half. As
reported in the March 6, 2004, issue of OCN, the district applied for
a 4x4 ambulance to replace ambulance 3 and two Striker stair-chairs to aid
in transporting patients down flights of stairs.
-
The district also received a $1,000 grant from the El
Pomar Foundation.
Residency Program
At the time Station 2 was planned, board members said they
intended to develop a residency program under which firefighters would live at
the station while completing an educational program. At the July 15 meeting, the
board requested that input regarding the proposed program be solicited from
district personnel and called for a draft residency program plan to be
developed, including rules/procedures, costs, and firefighter contract. These
items are to be discussed at the Aug. 19 meeting.
Station 2
Rick Barnes, TLFPD director and Station 2 architect, reported
that the construction of the new station on Rollercoaster Road near Highway 105
is progressing smoothly and on schedule.
Memorandum of Understanding (MOU)
TLFPD board president Charlie Pocock said that since the
primary goal right now is to unify the Woodmoor/Monument Fire Protection
District (W/MFPD) and the Tri-Lakes Fire Protection District, signing the MOU
which calls for the formation of an interim fire authority with W/MFPD and the
Donald Wescott Fire Protection District would be premature. The board
unanimously voted to indefinitely table this item.
Due to the scheduling conflict with the Wal-Mart hearing, this
article was derived from the draft TLFPD board meeting minutes
**********
The Tri-Lakes Fire Protection District board normally meets
at 7 p.m. on the third Thursday of each month at the district firehouse, 18650
Highway 105 (near the bowling alley). The next meeting is scheduled for Aug. 19.
For more information, call Chief Denboske at 481-2312 or
visit www.tri-lakesfire.com.
By Jim Kendrick
A standing-room-only crowd attended the Woodmoor/Monument
Fire Protection District Board (W/MFPD) meeting on July 27. The large gathering
included the chiefs and several firefighters from Tri-Lakes, Donald Wescott, and
Palmer Lake, as well as several residents. Many were there to hear the board
discuss a draft contract for Tri-Lakes Fire Protection District to replace AMR
as the ambulance service provider.
Audit
The district received a clean audit from CPA Mitch Downs. He
reported that at the end of 2003, the general fund balance was about $906,000,
the district had an operating surplus of about $84,000, and the pension fund
earned about $51,000 from investments. The end-of-year general fund balance was
higher than normal due to an unusual one-time transfer of about $348,000 of
unclaimed benefits from the old pension fund for a deceased firefighter who was
retired and had no heirs. Chief Dave Youtsey said that unless there were
corrections or comments from board members, the draft would be finalized and
forwarded to the state. Actual revenue of $1,134,676 exceeded the budgeted
amount of $1,098,308, and actual expenses of $1,050,035 exceeded the budgeted
amount of $992,986.
Multiple Medical Call Incident
President Si Sibell invited TLFPD Chief Rob Denboske to the
meeting to discuss events in July that led to Woodmoor’s AMR ambulance being
out of district and unable to respond immediately to a call for a man who had
fainted at a luncheon in Monument in July. This incident was reported shortly
after a call about a Tri-Lakes district resident who had fallen off a ladder.
The TLFPD incident commander requested assistance from the Woodmoor engine.
Based on the dispatch from the El Paso County Sheriff’s Office fire
dispatcher, however, Woodmoor responded to the Tri-Lakes accident with an engine
and their AMR ambulance. At the request of the W/MFPD Acting Captain Greg Lovato,
Donald Wescott Fire Protection District (DWFPD) responded to the man who fainted
by sending an engine company with a paramedic onboard; the Woodmoor AMR
ambulance later provided transport for the man after assisting on the Tri-Lakes
call.
This incident was discussed at this W/MFPD board meeting
because this kind of multiple dispatch situation may become more common when
Tri-Lakes and Woodmoor/Monument begin responding together to each other’s
calls per the resolution on common 911 alerting that passed at the joint board
meeting of July 6. The resolution directs the Sheriff’s Office fire dispatcher
to send dispatches for either district to both districts. Tri-Lakes will respond
to most emergency calls with an engine and an ambulance, and Woodmoor will
respond with an engine under this new policy. This will substantially increase
the number of calls responded to by both districts.
With the expected termination of the AMR ambulance contract,
the four Woodmoor fire-fighter/EMT employees (one an EMT-paramedic) will all go
back to riding on the engine (the pumper or the ladder truck, depending on the
type of call). Because the Tri-Lakes district is so much larger than Woodmoor/Monument
(45 square miles versus 9 square miles), the four-person crew on the Woodmoor
engine, including the on-duty Woodmoor paramedic, will be out of district more
often than in the past.
Also, another Woodmoor paramedic, Chris Sobin, has resigned
to take a position with a Denver-area fire department, and more Woodmoor
resignations are expected soon. (Assistant Chief Jim Rackl resigned on July 28.)
Executive Session
At 7:20 p.m., the board called for an executive session on
personnel matters. The board resumed its public session at 8:10 p.m. No
announcements regarding the session were made.
Chief’s Report
Youtsey announced that Rackl had successfully applied for the
award of the district’s first Federal Emergency Management Agency
"FIRE" grant for $41,700 (plus a 12 percent match by W/MFPD) for 12
sets of personal protection and self-contained breathing apparatus equipment
replacement for all the employees. The district’s 10-year capital improvement
plan would not have replaced the equipment until 2008 through 2010 (four sets
per year.) Rackl also was successful in his request for a Mountain View Electric
Association grant for $2,123 for pump testing equipment as well as a $655.00
grant from the El Paso County Fire Marshal for wildland firefighting equipment.
The grant money the district received from Rackl’s grant requests was more
than he received in compensation while working for W/MFPD. Youtsey distributed
copies of the capital improvement plan to board members. He also reported that
there were 54 calls in June bringing the total for the year to 315.
Broshous asked TLFPD Assistant Chief Ron Thompson to discuss
their recently awarded ambulance grant. Thompson said they had received a 50
percent matching grant for $47,000 which they would use to help purchase a new
four-wheel drive ambulance along with all the equipment required to make it
operational.
Woodmoor/Monument-Wescott MOU
DWFPD Chief Bill Sheldon queried the board regarding the
status of the Memorandum of Understanding (MOU) on consolidating these two
districts, which had been signed in late April. Since the May election, Sibell,
Rod Wilson, and Jeremy Diggins have redirected their district’s focus from
consolidation with Wescott to Tri-Lakes. Wescott President Brian Ritz had spoken
at each of the respective board’s meetings as well as at the two joint board
meetings, lobbying for Wescott’s inclusion in merger talks in light of the MOU.
Ritz, however, did not attend the July 27 meeting. A revised MOU was redrafted
June 29, at Sibell’s request, to include all three districts. Westcott gave
the new draft to the other two districts that day.The draft was subsequently
discussed at the joint board meeting of Aug. 3.
Sheldon said "Something needs to be done," now that
the revised MOU has been presented to both boards, and that there was no reason
not to proceed with a three-way merger discussion. W/MFPD board member Bob
Harvey made a motion to accept the three-way consolidation MOU, saying there was
no reason TLFPD should experience negative feelings about it. Assistant Chief
Ron Thompson of TLFPD said that the Tri-Lakes board had tabled this draft MOU at
its board meeting on July 15. Secretary Russ Broshous seconded Harvey’s
motion.
Diggins said he didn’t know "if we want to vote at
this time without Tri-Lakes’ participation." Harvey replied, "How
many times do we offer an open hand to all the other districts?" and added
that it was very valuable to include all the districts, including Palmer Lake
Volunteer Fire Department (PLVFD) in merger discussions. "Why are we being
selective on studying a merger?" Diggins said he didn’t want to damage
relations with Tri-Lakes. Harvey said Woodmoor already has an MOU with Wescott.
Broshous said that the MOU with Wescott is in force and did not require another
vote. He added, "I gather Tri-Lakes is not ready to join in with this MOU."
Sheldon said there were lines for signatures on the draft MOU for Tri-Lakes
board members, and "We’ve got to start somewhere, gentlemen." Wilson
said he had no comment to make, unless a vote was to be taken. Broshous asked,
"Why would you want to vote against it?" Wilson did not answer. Harvey
then withdrew his motion.
The discussion continued with Harvey asking "What’s
the heartburn?" regarding Tri-Lakes tabling the MOU. Sibell said he would
contact Tri-Lakes President Charlie Pocock and ask. Wescott Treasurer Dennis
Feltz asked Sibell if the draft three-way MOU would be brought up at the next
joint board meeting (on Aug. 3) and Sibell said yes. Diggins asked Sibell,
"Will it or will it not be part of the agenda? We have as much say [as
Tri-Lakes]." Sibell said, "I’ll have it on the agenda at the next
focus group meeting."
Sheldon asked why they were called focus group meetings when
the announcements call them special joint board meetings. He said the
alternative names were confusing to the public because the title "focus
group" implies that official board actions such as passing resolutions that
implement new policies can’t occur. Woodmoor resident Bill Ingram said,
"You’ve got that right." Sheldon added that residents won’t come
if it’s called a focus group meeting and then the boards vote without the
opportunity for the public to comment first. Sibell again said, "I’ll
talk to Charlie." Sheldon said that if Pocock has reasons to be opposed to
the MOU, they should be made public. Sibell said, "I’ll make it a
discussion item."
Broshous Resigns
Russ Broshous resigned effective July 28. He is building a
new house that is outside the W/MFPD district, making him ineligible to continue
serving. He noted that his new home is in the Black Forest district. Sibell read
his letter of resignation, which thanked all those with whom he had served on
the board and the employees of the district. Sibell thanked him for efforts on
the Joint Working Group, the MOU, and the recent merger talks with Tri-Lakes.
Broshous wrote that a merger will work if all four districts are treated equally
and resources are shared fairly.
Harvey nominated former board member Tom Conroy to replace
Broshous, saying he was the next highest vote getter in the May elections.
Conroy lost to Diggins by two votes. Wilson nominated Tom Hansen, who had also
run in May and was backed by the firefighters’ union and TLFPD. Hansen moved
to the area last August and is a retired sheriff’s deputy from California.
Conroy suggested that he and Hansen have a discussion with the board before a
vote was taken. Broshous drew a big laugh when he quipped, "The carcass is
still warm." The board agreed with Conroy and deferred the vote .
Ambulance Agreement
A revised draft of the ambulance agreement that would provide
service by Tri-Lakes to the Woodmoor district was distributed and discussed.
There was an extensive technical discussion on the relative skills of an
intermediate emergency medical technician (EMT-I) and a paramedic (EMT-P) and
how they could be used in various emergency dispatch scenarios. A continuing
concern is how to minimize the number of times there is no paramedic on call
when an absence, a transport, or multiple emergency calls takes the paramedics
out of the station or out of district. Woodmoor’s current policy is to have a
paramedic respond to all advanced life-support calls, while Tri-Lakes provides a
minimum of EMT-I manning for these responses. This difficult issue was again
continued, pending further employee, supervisory, and legal review.
Dr. Dave Ross, the advising physician for Woodmoor/Monument
discussed some technicalities and the differences between the Tri-Lakes and
Woodmoor/Monument certification processes. Tri-Lakes has a different advising
physician, which leads to issues that must be resolved before Woodmoor/Monument
EMTs can serve on Tri-Lakes ambulances interchangeably with Tri-Lakes EMTs.
Complaint
Youtsey passed out copies of a complaint by Bob Pietsch in
sealed envelopes to each board member. The complaint discussed an incident
between Monument Police Department volunteer Bill Nealon and Woodmoor/Monument
Captain Larry Garner that occurred when fingerprints of firefighter Ryan Graham
were being taken. Broshous suggested that the matter be handled at a future
executive session.
The meeting adjourned at 9:40 p.m. The next joint board
meeting will be held at 7 p.m. on Aug. 3 at the Tri-Lakes station. The next W/MFPD
board meeting will be held at 7 p.m. on Aug. 24.
By Jim Kendrick
The boards of the Tri-Lakes and Woodmoor/Monument Fire
Protection Districts (TLFPD, W/MFPD) took two unprecedented steps in moving
closer to integrated operations at their third joint board meeting on Aug. 3.
First, two new agreements will enable these districts to provide better
emergency service for their constituents. Also, they formalized an agreement
with the Donald Wescott Fire Protection District (DWFPD) to provide closest
force response for medical calls in the Tri-Lakes district area between Higby
and Baptist Roads.
Each board unanimously approved a contract for Tri-Lakes to
provide ambulance service to Woodmoor/Monument, replacing AMR, whose service
contract with Woodmoor ends on Aug. 17. . Pocock said Tri-Lakes would be buying
another four-wheel-drive ambulance and hiring two full-time people with the help
of a $47,000 grant.
TLFPD President Charlie Pocock and W/MFPD President Si Sibell
also signed an Interagency Cooperative document that allows personnel from each
district to respond to an emergency on the other district’s vehicles without
concern for liability or worker’s compensation issues. This agreement now
allows for closest force dispatching of fire engines with medical personnel from
both districts to fire and medical emergencies in either district along with the
Tri-Lakes ambulance. Furthermore, Wescott will now assist in closest response
dispatches for medical calls in Jackson Creek, Fox Pines, and Fox Run.
Memorandum of Understanding
The MOU previously signed by Woodmoor and Wescott called for
an interim fire authority for joint operations, leading to consolidation into a
single new district. Sibell distributed copies of a new draft MOU that would
include Tri-Lakes. This MOU was written by DWFPD Chief Bill Sheldon and given to
Sibell on June 29 after Sibell agreed to make it an agenda item at the July 28
W/MFPD board meeting. Pocock noted that DWFPD President Brian Ritz had asked him
for a meeting to discuss a three-way MOU at the July 6 joint meeting but had not
followed up. (Ritz apologized for not following up later in the meeting.)
Pocock reviewed the history of the Joint Working Group and
the withdrawal of TLFPD from it in June 2003. Pocock also reviewed the
background of the current merger effort. He said that about three months before
the special district election in May, three citizen groups from Woodmoor/Monument
had come to the Tri-Lakes board asking them to re-initiate merger discussions
with the Woodmoor board. He had asked them to nominate and elect candidates that
would be in favor of this two-way merger and then TLFPD "would sit down and
discuss it." The citizens and their candidates (Sibell, Vice President Rod
Wilson, and Treasurer Jeremy Diggins) were interested in merger first with TLFPD,
then perhaps with DWFPD a few years after that, and perhaps with the Palmer Lake
Volunteer Fire Department (PLVFD). The Tri-Lakes board then formally endorsed
their candidacy by resolution.
Sibell said that the "duly executed MOU" is "a
valid done deal between Woodmoor/Monument and Donald Wescott." W/MFPD
Director Bob Harvey said that the MOU required months of work to enact and
provided a good vehicle to create a fire authority under which all three
districts could iron out any problems they might have in developing effective
merged operations while working through the years of legal effort that a
consolidation would require. Pocock reviewed the number of contiguous agencies
(about 14) that would have to approve a new service plan (which, similar to a
business plan, says how emergency services will be provided in the new district)
and noted the risk of having to get the constituents of each district to again
vote in favor of their exemptions for TABOR and Gallagher.
In further discussions, the long-term board members from all
three districts indicated they may be more willing to work toward a compromise
than they were in the past on the JWG and that elections had changed the
composition of all three boards. There was general agreement that a fire
authority structure is an easier method of unification to achieve than
consolidation. No decisions were made regarding the draft three-way MOU or the
existing MOU with Wescott.
Interagency Cooperative
All fire agencies in the region are insured by VFIS. This
commonality allowed Pocock and Sibell to sign a type of legal agreement that is
called an interagency cooperative. This permits Tri-Lakes and Woodmoor/Monument
employees to work interchangeably between the districts with no legal liability
or insurance problems. This cooperative system of manning will allow all
employees to participate in all aspects of training and operations in both
districts.
Pocock then proposed starting a new training class of 24
volunteer firefighters, eight each from the three districts, to exploit this new
spirit of cooperation and staffing flexibility. Youstsey said W/MFPD has only
three candidates for volunteer positions; two reside in the Tri-Lakes district.
Wescott has over 20 volunteers. Pocock urged the other districts to provide
instructors for the classes to minimize costs.
Committee Reports
Fiscal subcommittee: Treasurers Hildebrandt and Diggins
reported progress in creating two standardized spreadsheets for each district,
which will allow them to be merged as a fiscal model for combined operations.
Hildebrandt said that it may be possible for TLFPD to match W/MFPD’s pay and
benefits, and discussed an example of having a common mill levy for both
districts, 7.4 mills. Diggins said that for a house with an assessed value of
$300,000, this increase would amount to about $11 per year. This increase would
generate an additional $88,000 in revenue for Woodmoor/Monument at the district’s
current assessed value.
Using that mill levy figure, TLFPD constituents would have to
pass a ballot issue to allow the district to increase their current 7.0 mill
levy. Any change in a mill levy by a special district must be certified in
December at a public hearing, to take effect in January of the next calendar
year.
At the July 6 joint board meeting, Hildebrandt had said that
there would be a shortfall in W/MFPD revenue to cover Woodmoor/Monument
personnel pay and benefits costs at only 7 mills for both districts. He also
said that if the districts were merged, this payroll would force TLFPD into a
deficit situation.
Common 911 alerting: Adoption of the interagency
cooperative agreement will provide the flexibility needed from a legal and
insurance standpoint to allow Woodmoor/Monument personnel to assist in
transports on a Tri-Lakes ambulance. The El Paso County Sheriff’s Office had
requested that the reprogramming of their fire dispatcher computer software not
be initiated until common 911 alerting would apply to fire and medical calls for
Woodmoor and Tri-Lakes. Now the Sheriff’s Office can begin this reprogramming
so a call from any address in either district will prompt the paging system to
notify the firehouses in both districts simultaneously.
Furthermore, a Tri-Lakes ambulance will now be responding to
calls in both districts. Both boards agreed unanimously to incorporate the
changes in the draft contract recommended by W/MFPD attorney Tim Schutz.
Tri-Lakes Chief Robert Denboske said it was time to start testing the process,
and the boards authorized initiation of the service.
In conjunction with these agreements, the closest force
response agreement among the three districts will also be initiated, which
enables the Sheriff’s Office fire dispatcher to send emergency medical
personnel on a DWFPD engine to any medical emergency call in the Tri-Lakes area
roughly south of Higby. Acting W/MFPD Captain Mike Dooley said he believed that
Wescott’s AMR ambulance could also respond in a dire situation.
When Dooley asked what Woodmoor’s AMR contract said about
their ability to self-dispatch to a medical emergency, Youtsey said, "I’ve
never seen that document." Ritz said there is always an AMR paramedic on
the Wescott ambulance. The Tri-Lakes ambulance will remain the primary
transporter from Jackson Creek, Fox Pines, and Fox Run in most situations.
Joint Training: The joint training subcommittee was
cleared to prepare and execute a joint training plan that includes all three
departments and will now report the events they have scheduled and completed at
each monthly joint board meeting.
TLFPD and W/MFPD fire inspectors will create and use common
forms, documents, and firefighter inspection training programs. An agreement was
made to schedule cross-training on how to conduct small business inspections.
Training will take place when firefighters visit new buildings or businesses to
write plans on how they would fight a fire—not when an actual fire inspection
is taking place—in order to reduce the inspection time.
Public Perception: TLFPD Director Keith Duncan noted that
his job was made considerably easier by the agreements signed and the progress
made in the spirit of cooperation. He distributed copies of three draft press
releases regarding joint Fire Prevention Week open houses in October for
discussion by the boards.
Functional Commonality Committee: Pocock said that TLFPD
Captain Brian Jack was getting married and had asked to be replaced. Jack had
also told Pocock he had never known who his Woodmoor counterpart was for this
committee. Diggins asked Youtsey to suggest a replacement; Youtsey was
appointed. Lt. Max Maybrey was appointed from Tri-Lakes.
The meeting adjourned at 9:05 p.m. The next joint board
meeting will be held Sept. 7, at 7 p.m. at the Tri-Lakes station.
By Tommie Plank
Board President Jes Raintree opened the regular meeting of
the Board of Education by explaining that the Board did not normally meet in
July. However, the deadline to notify the County Clerk of the District’s
intent to have a question on the November ballot was July 29; therefore a
meeting in order to make a decision about a ballot question was necessary.
Having met with over 1,000 people during 45 meetings since
March, the Board compiled the comments and reviewed input from participants.
They determined there were four possible options to deal with growth at the high
school: 1) the "D’Evelyn model"; 2) reconfigure the middle schools
into middle/junior high schools; 3) two high schools with boundaries, and 4) one
high school, with no boundaries. Discussions led the Board to eliminate the
first two options. The D’Evelyn model (named for a high performing magnet
school in Denver) was rejected because they decided that the District already
has a quality school of choice in the Monument Academy. Reconfiguring the middle
schools would result in a temporary solution, and would compromise the team
approach of middle school education, which the Board and Administrative Team
support.
Of the remaining two possibilities, the School Board firmly
supports an expanded campus on the current high school site. Their proposal is
to build a ninth grade center, which, they believe, would ease the transition of
students moving from middle school to high school. "It would also allow us
to bring a focus to the high expectations for freshmen and to serve as a launch
pad for even higher expectations in grades 10-12," said Superintendent Dave
Dilley.
Many people in the community would prefer to see a second
high school built in the eastern part of the district. Because the current high
school has an enrollment capacity of about 1,700, and the eventual total high
school student population is projected to be about 2,500, a second high school
would need to serve about 800 students. Initial construction, or capital, costs
to build a freshman center and an 800 capacity second high school are
comparable: (See table below)
| |
New 4-Year
High School for 800 students |
Freshman Center near L-PHS for 800 students |
| Site
Development |
$
3,238,850 |
$
2,812,660 |
| Full Design &
Construction Costs |
$
27,781,000 |
$
25,291,750 |
| (Size) |
(180,000 sq ft)
|
(130,000 sq ft)
|
| Total
Capital Budget |
$
31,019,850 |
$
28,104,410 |
Dilley said that the issues of staffing and running the two
facilities have a greater impact, not only on the budget, but on the program and
extra-curricular offerings as well. A smaller school would have adequate course
offerings, but maintaining and adding to the menu of classes would be expensive.
A freshman learning center could offer an enhanced variety of courses; it would
be easier to add courses as the total student population, centered at the
current high school site, increases.
A second high school would raise boundary issues, according
to Dilley. To generate enough students to fill an 800 capacity school, students
from as far west as Fairplay in south Woodmoor would be attending the new
school. Students already attending Lewis-Palmer High School would not be
required to change schools. The first year the new school would house only the
freshman class, and as that class moved up, another grade would be added each
year. That would indicate that the first year the school was open it would house
only about 200 students. There would be few possibilities for a variety of class
offerings at that student level.
Extracurricular programs could also be problematic, Dilley
said. While another high school would offer a second complete varsity program,
allowing for more district students to participate, there would be fewer choices
of sports or activities with a smaller student body. The smaller school would
also have a different league affiliation than the current high school.
Raintree then said that, although the Board unanimously
supports the concept of building a freshman center on an expanded campus next to
the present high school, they also recognize the strong preference some members
of the community have for building a second high school. The Board then voted to
put both choices on the November ballot. One question will authorize a bond
issue to build a freshman center. The second question will authorize a bond
issue to build a second high school, and will have tied to it a mill levy
override to fund the additional staff required to run the programs at that
school.
The next regular meeting of the Board of Education will be
August 19 at 7 p.m. in the Learning Center of the Administration Building.
By Chris Pollard
The major announcement for the July meeting was that
treasurer Mike Varnet had resigned, having taken on additional responsibilities
at his regular job with the Pikes Peak Library District. Fortunately, by the
August meeting a replacement had been found by Board President John Ottino, and
so Gina Hagloff was appointed to the open position with the proviso that she
would serve until the next annual meeting.
At both meetings there was ongoing discussion about what
should be done about detached buildings. Many people are interested in adding
garage and storage space but the current rules are not clear about what can or
cannot be added. There was a consensus about the extra building not having any
living space but what limits should be placed on size were not resolved.
Road safety and maintenance was also a common item. There had
been several complaints about the condition of many roads within Woodmoor and
Kevin Nielsen, Chief of Woodmoor Public Safety, had also conducted a survey
showing several roads to be in poor condition. El Paso County Roads Department
was responsible for maintenance but many people felt that they had resurfaced a
few roads this year that were not the ones that most needed it. The County
claimed lack of funding was the main reason for the low level of repairs.
With the decision to drop plans for putting a trail down the
middle of the Fairplay median, a discussion was started as to what other
possible safety improvements could be made to this busy area. The El Paso Roads
Department had agreed to provide an estimate of what it would cost to improve
the roadway but had been less helpful in its suggestions for slowing traffic
along Fairplay and other high traffic areas of Woodmoor. They were still
adamantly opposed to regular speed bumps because of snowplow problems. Hans
Post, Director of Public Safety, agreed to look at other ideas for slowing
traffic that might be more acceptable.
As part of an attempt to improve the ongoing values of living
in Woodmoor the directors approved new exterior maintenance rules and these will
be announced in an upcoming newsletter to its residents.
In an update on the Walters townhome project, John Ottino
said that he had received further assurances from the Walters family that they
were still actively pursuing the conservation easement for the open area not
taken up by homes. They have agreed to mow the property in the near future to
control the vegetation growth experienced this summer. It was, however, noted
that as of the July meeting the Woodmoor Architectural Control Committee had
still not received final plans to review of the proposed construction.
By Bill Kappel
July 2004 Weather Summary
For the second month in a row, copious amounts of moisture
blessed the Tri-Lakes region. The first week of July started off on the dry and
mild side, with highs in the 70s to low 80s. Afternoon thunder was heard around
the region, but very little moisture made it to the ground. During the
afternoons of the 4th and 5th, southwesterly winds brought smoke and hazy skies
from Arizona wildfires. A warmer airmass then moved into the region from the 7th
to the 9th, with highs soaring into the 80s. Scattered afternoon thunderstorms
formed each day, but there was limited moisture on the 7th and 8th.
Things changed drastically on the 9th, as a series of
strong-to-severe storms formed over the Rampart Range and along the I-25
corridor from late afternoon through early Saturday morning. These storms were
slow moving and produced heavy rain, with .50 to 2.00 inches recorded across the
region, once again causing flash flooding for many areas. Large hail was noted,
especially in and around Colorado Springs and the southern and eastern sides of
the Palmer Divide. Many residents were awakened by the ping of pea-sized hail
just before midnight that Friday, and our poor plants had to deal with the third
damaging hailstorm in the last month. The almost continuous lightning made for
quite a spectacular display during the night.
Seasonal temperatures and dry conditions greeted the Palmer
Divide to start the week of July 11. Highs reached well into the 80s each
afternoon through the 15th, with a few rumbles of thunder during the afternoon
of the 12th. Heavier moisture moved back into the region, as the first signs of
the summer monsoon began to make an appearance. A weak cold front, with a
reinforcing shot of moisture and low-level easterly winds helped keep things
active on the 16th. Temperatures struggled to reach the upper 60s and low 70s as
clouds and moisture pooled along the Front Range and Palmer Divide. Strong
thunderstorms developed during mid-afternoon, producing flash flooding in
Colorado Springs and Teller County. Heavy rain began to affect the Tri-Lakes
region during the early evening hours. Many streams and washes in the area began
to run full—1 to 2 inches of rain was recorded, continuing our trend of wet
weather since the middle of June.
More active weather developed over the Tri-Lakes region
during the third week of July. A strong cold front for July standards came
through the region on the 22nd. Thunderstorms developed just after the noon
hour, with brief heavy rain; cloudy conditions with scattered rain showers
continued through the rest of the day. At the same time, severe weather
developed on the north side of the Palmer Divide, as heavy rains and hail
pounded eastern Douglas and western Elbert Counties. Flash floods roared down
many of the creeks flowing north from the Tri-Lakes region, with Boxelder Creek
in western Elbert County being the main recipient. Central El Paso County
received heavy rain and flash flooding as well; homes in the Ellicott area were
damaged by high waters. The Tri-Lakes region received .50 to 1.50 inches of
rain, but that was just the beginning. The next three days saw cold
temperatures, with record low highs in the 50s to low 60s occurring each day
from the 23rd to the 25th, and plenty of low clouds, fog, and soaking rain.
The last weekend of July saw a return to normal temperatures
with scattered afternoon thunderstorms. Overall the month ended with
much-below-average temperatures and much-above-normal precipitation—the
perfect combination for a region coming out of a drought.
A Look Ahead
The month of August often provides abundant precipitation for
the Tri-Lakes region, as afternoon and evening thunderstorms are common.
Temperatures average in the upper 70s to low 80s, with overnight lows averaging
around 50 to start off the month, then low to mid 40s by month’s end. Highs
can easily reach into the 90s, and heavy rains can occur. The monthly forecast
for August 2004, produced by the Climate Prediction Center (http://www.cpc.ncep.noaa.gov/products/predictions/30day/),
is calling for a better-than-average chance of slightly above-normal
temperatures and precipitation. August is also the last month we can expect to
see no snowfall or freezing temperatures—so enjoy, because those conditions
start to make an appearance in September. For a complete look at monthly climate
summaries for the Palmer Divide, visit http://users.adelphia.net/~billkappel/ClimateSummary.htm.
July 2004 Weather Statistics
Average High 77.3° F
Average Low 49.1° F
Highest Temperature 88° F on the 13th
Lowest Temperature 42° F on the 3rd
Monthly Precipitation 4.01"
Season to Date Precip. 4.01"
Remember, weather affects all of us everyday and is a very
important part of life. If you see a unique weather event or have a weather
question, please contact us at our_community_news@hotmail.com.
Bill Kappel is the KKTV 11 News morning meteorologist and a
Tri-Lakes resident.
Wm. Lamdin again spliced history. ("More About Abuse of
Government Power," OCN, July 3, 2004). He quoted Ronald Reagan,
"Freedom...is never more than one generation away from extinction. Every
generation has to learn to protect and defend it." "Extinction"
cannot be found within the latter sentence. President Reagan stated at a
dedication, "… created government for our own convenience. It can have no
power except that voluntarily granted to it by the people. Those principles must
be affirmed by every generation…, for freedom is never more than one
generation from extinction. It can only be passed on to a new generation if it
is preserved by the old."
Lamdin misrepresented a counter opinion again. I, Monika
Cline, will stand by my defense of those treated disrespectfully. My response
(June 5), was in defense of a woman who disagreed with Lamdin’s initial letter
of March 6. Lamdin was warning us about abuse of power by the local police
because he had been caught in illegal activity on two separate occasions. I came
to her defense because of his response (May 1). One of the nicer retorts was,
"Get a life." For himself he demands freedom of speech.
Lamdin remarks on my "self-centeredness" statement
by asking if, assassins "Booth and Oswald had instead eliminated Hitler and
Stalin, would they be held in such disdain?" It sheds some light on his
state of reasoning.
Some people, in uniform or not, get carried away with self
importance. The point is, in our democracy, there is a process by which laws are
made, changed, and dealt with when broken. Lamdin’s example of Abu Ghraib
prison: Several soldiers were identified as participating in the mistreatment of
prisoners. No one will be allowed to rage in their faces without consequences.
If you don’t agree with a law, use the process to change it!
Justification of being disrespectful, in the name of
"fighting oppression," to readers with history distortions, to local
police, to a citizen who countered, is hideous.
The comparison between the behavior of spitting on Vietnam
soldiers and haranguing police officers when caught in the act of breaking laws
was lost on Lamdin. Police officers are in the position of having to enforce
laws they may not even agree with! How different is this from soldiers who went
to Vietnam because of orders, yet didn’t agree with the war?
Monika Cline
The Gazette (minus its editorial) and other Colorado
Springs media are to be complimented for their coverage of the Wal-Mart issue.
Their attention was invaluable in this important fight. Hopefully this will
translate to coverage by them of other northern El Paso County affairs. There’s
a lot going on in our part of the county that requires attention by residents
here as well as by all the media.
As a copy editor for Our Community News, I want to
clarify one comment Jane Reuter made in her June article in Slice
("Coalition readies for Wal-Mart showdown"). She said, "Our
Community News publishes minutes of meetings in the area." Anyone who
reads OCN knows this is not what we do. Our writers attend many of the
meetings of (as she notes) "such typically overlooked groups as police
advisory committees, parks and landscape committees, area fire boards and
sanitation districts," and they write about these meetings in their own
words. Writers will sometimes include detailed background to some of the more
hotly debated issues. And they may refer to the minutes for assistance with
details. All said, they spend many hours doing this, as volunteers. Note too
that we have several local columnists writing on a variety of subjects.
While covering meetings is not the most glamorous of tasks—and
it is time consuming—OCN volunteers know this is where so many
important decisions are made that might otherwise slip by unnoticed.
Susan Hindman
As residents of the Jackson Creek subdivision, we would like
to thank you for your decision against the rezoning at I-25 and Baptist Road.
You have preserved our quality of life and protected our community from a
travesty.
When Sam Walton was alive, his policy was to not build a
Wal-Mart in a town that didn’t want it. That philosophy has apparently been
replaced with greed and strong-arming. They have shown no concern for the
community.
You have stood by the motto you were sworn to, and we will
remember this at election time.
Norman and Linda Baker
We would like to thank all the wonderful people who helped us
get through the loss of Laura (wife, mother, and daughter) to cancer. Your help
and support during the past six months have made it possible for all of us to
get through this difficult time.
Thanks to all of you who sent flowers and made donations to
Laura’s Memorials; the flowers were beautiful, and your donations will be
appreciated by the Pikes Peak Hospice Foundation and the Diana Fish Cancer
Foundation.
A special thanks to Pastor Tim Miller and his worship group
for the fine memorial service and to the Ladies of the Forest Ridge Community
Church who supplied so much excellent food.
Our thanks to the people of the Tri-Lakes area who donated a
beautiful golden locust tree to the Palmer Lake Sanitation District in honor of
Laura. To all of you who sent all of those beautiful cards that shared our
sorrow, we thank you from the bottom of our hearts.
Ed and Colleen Kinney
Chuck Caldwell
Chris and Kihra Johns
Aaron Linn
I congratulate you on your courageous stand with the
ill-considered Wal-Mart proposal on Baptist Road. You have done well for the
Town’s future both in revenue and quality of life.
I write this open letter to you to help clarify the Town’s
desire to go into the sewerage handling business. You should first realize that
the Monument Sanitation District is only one of five sewerage handlers in the
current boundaries of the Town. Two of the others are Woodmoor Water and
Sanitation District and Tri-view Metropolitan District.
Next, you should realize that some false allegations have
been made by some neophytes that the Monument Sanitation District is run
inefficiently. This is untrue. The current district manager came to this
district over 10 years ago, when it was in technical default on its bonds. Now
this district has over $1.2 million in cash reserves. Over the past seven years,
this district is the only government in this county and possibly the state that
has reduced both its property taxes and its user fees. Further, over $1,000,000
in improvements have been made by the district without a bond election. The
capacity for sewerage handling has been more than doubled and new lines have
been lain, opening up new areas in the Town and surrounding community for the
common pipe and the common welfare. This is not an inefficient operation such as
can be said for most of the other special districts that are also within the
Town boundaries.
Next, you should realize that you have virtually no control
over how a special district is dis-assembled. According to the statutes, the
electors and the courts will make the final decisions. If you do want to
participate, then you do have some decisions you can influence. First, as part
of the plan that the district is required by statute to submit to the court, the
district must liquidate the fixed assets. Then these assets with any cash must
be distributed to the current district users and/or electors. Since less than
half the Town will use these assets, it is only fair that the Town buy these
fixed assets, which are valued at over $3 million according to the last district
audit. In order to purchase these assets, the Town may have to have a bond
election to get the money. In order to pay the annual premium on these bonds,
the Town may have to develop new sources of funding, which could be an increase
in the mill levy by 10 or 20 mills and/or an increase in sewer user fees by up
to 50 percent. These actions may result in the $300,000 to $400,000 necessary on
an annual basis to pay for these bonds.
However, rather than participate in dissolving a very
efficiently run district, the Town may want to consider the reverse by
petitioning the district, the courts, and the electors by merging the Town’s
water system with this Monument Sanitation District. On average, do you spend
more than 15 minutes each meeting discussing the water policy in the Town, or is
the water system neglected so that little or no policy is considered? Recently,
the town employees have been making policy by telling a developer that he needs
to contribute $2 million to off-site improvements. Is the latest water well
drilled into the Laramie-Fox aquifer to permit the Town to use the 400 acre-feet
per year as permitted by the state for the benefit of the Town’s people? There
is a rumor that the Town does not know how much money is in its water fund.
Another utility not managed is the stormwater drainage in the
Town. In 1999, the then-current Mayor’s basement was flooded on Front Street.
What is being done so that it does not happen again? Finally, the lake is still
dry. Do the employees make these policy decisions or do the elected officials of
the Town do so? These are just some of the events that come from neglecting to
manage a precious resource.
Leon W. Tenney
By John Heiser
Hearings on land use items generally consist of presentations
by staff, presentations by the applicant, statements by those in favor,
statements by those opposed, and conclude with the applicant’s rebuttal of the
opponents’ arguments.
The officials conducting such hearings, whether they are town
trustees, planning commissioners, or county commissioners, are obligated to come
to the hearing without having formed an opinion and base their decisions only on
the information presented at the hearing. They are expected to carefully listen
to the presentations and statements and ask questions for clarification so they
fully understand the points being made.
The conduct during the county commissioners hearing on
Wal-Mart was somewhat different. In particular, despite his claims that he had
not made up his mind in advance of the hearing, Commissioner Wayne Williams’
questions and statements gave many audience members the strong impression he was
in favor of the project and intent on refuting the arguments made against the
project. He and County Attorney Bill Lewis worked so hard to counter opponents’
points there was little left for the Wal-Mart representative to say when the
time for rebuttal arrived.
Rather than rely on staff members to provide technical
testimony, Williams made statements that the proposed road improvements are
consistent with the BRRTA plan and that church access from the east has always
been proposed.
Several opponents were asked whether or not they regularly
shop at Wal-Mart, as if that were relevant to whether a supercenter is the
appropriate use for the parcel. The question appeared designed to dismiss as
"Wal-Mart bashing" the arguments of any opponents who might have said
they do not shop at Wal-Mart. Lack of other drive-through pharmacies in the area
was mentioned several times as if it were a significant justification for
supporting the store.
Williams asked opponents how else the county could pay for
road improvements and to explain how alternative traffic flows would be
satisfactory if Wal-Mart were to relocate to the Monument Marketplace. This line
of questioning of citizens by Williams was all the more unusual given that
Wal-Mart’s traffic study was criticized by county staff for failing to include
traffic created by Home Depot or the rest of the retailers that are expected to
fill out the remainder of the Marketplace.
Chuck Brown dismissed as irrelevant testimony on the county’s
failure to extract from the Struthers Ranch developer anticipated off-site
improvements such as the construction of Jackson Creek Parkway south of Baptist
Road. That roadwork, which was negotiated away by the county, was now being used
as an important reason to support the Wal-Mart.
The badgering of opponents was so persistent that at one
point an exasperated speaker said to Williams, "We get it. You want the
road."
Williams’ motion to have the hearing continued for two
months appeared to many in the audience to be a thinly veiled attempt to
postpone a motion for approval until community and media attention subsided.
Public input at the postponed hearing would have been restricted to just
annexation and traffic impact issues.
When his motion to continue failed, in making his motion to
deny the rezoning, Williams discovered he only had handy a copy of the scripted
motion for approval. County Attorney Lewis had to find the wording of the motion
for rejection of the proposal and pass it to Williams.
All this gave the impression that Williams saw his role as
finding a way to get the project approved rather than serving as an impartial
elected representative sworn to make the best decision for the good of the
residents.
We have a right to expect better from our elected officials.
By Judith Pettibone
While you may be tempted to pour the lemonade, pull up the
rocker, and dig in to one of the dandelion-like political books that keep
popping up, you really must STOP. After all, this is summer, the time when
"must reads" get tossed aside (okay, reverently placed on the shelf)
and the fun stuff gets packed into the suitcase or beach bag. And please,
remember that the kiddos get a break, too. It’s the delicious, and not always
"educational," reading time of year.
For the Younger Set
Molly Moon’s Incredible Book of Hypnotism
By Georgia Byng, $6.99
According to London’s Daily Telegraph, Byng deserves
to be mentioned in the same sentence as Roald Dahl and J.K. Rowling. We’ll let
you be the judge. But if an orphan named Molly who finds a mysterious old book
on hypnotism, plus sinister strangers and folks doing whatever Molly desires,
sounds like fun, then this would be a perfect summer read.
The Secret of Platform 13
By Eva Ibbotson, $5.99
Though I would have preferred a title less reminiscent of Platform
9¾ of the Hogwart’s Express fame, this story has lots going for it. One
doesn’t go "through" the platform, one goes "under" it to
a magical island kingdom. There is a princely kidnapping with the requisite
rescue by four unusual good-deed doers: an ogre, a hag, a wizard, and a fey!
Hoot
By Carl Hiaasen, $8.95
Hiaasen’s New York Times best seller is finally in
paperback! Does the idea of greedy developers, corrupt politicians, clueless
cops, and wacky middle school eco-warriors-on-a-mission sound plausible? Of
course not … and therein lies the fun. Set in south Florida, its hilarity
might even hide a few lessons. And you have to love the cover—two eyes and a
beak!
For the Not-So-Young Set
Defending Baltimore from Enemy Attack
A Boyhood Year During WWII
By Charles Osgood, $19.95
"‘It was the best of times, it was the worst of times.’
Charles Dickens didn’t write those words about the year that I was nine in
Baltimore, but they happened to fit. That year, 1942, was the best of times for
a Baltimore boy who always seemed to be feeling good and the worst of times for
a nation reeling from the first blows of World War II." And so it goes.
Osgood’s on-screen persona shines through his writing. Charming.
Babyville
Jane Green, $12.95
If the definition of a summer book includes the words romp,
funny, touching, witty and un-put-downable, then this needs to go in the beach
bag! Another English export, Green explores the adventure of three
"mums" as their lives are turned upside down by the arrival of
motherhood.
Trouble with Girls
By Marshall Boswell, $12.00
The cover is cute: a pair of male feet in casual leather
shoes with the laces tied together. And so it goes, as one young man goes from a
yearning adolescent to finally finding the "one." Linking these
loosely tied together stories is one theme: a towering obsession with the
opposite sex. The Atlanta Journal-Constitution reviews it with this statement:
"Everytime I stopped laughing long enough to wipe my eyes, I began to
wonder if it might be my world, too."
Last Days of Summer
By Steve Kluger, $13.00
Funnest needs to be a word, for it perfectly describes this
wonderfully charming, funny, poignant and enormously entertaining book.
Certainly the staff at Covered Treasures might vote it the "perfect summer
read." Told entirely by letters, memos, report cards, and even war
dispatches, one is transported back to 1940 Brooklyn, where precocious and most
definitely sassy Joey Margolis is giving his world a spin. While he advises FDR
on foreign affairs, drives his teachers and principal crazy, his primary
relationship is with a professional baseball player, Charlie Banks. Joey’s
shenanigans eventually win over Banks—and the rest, as they say, is the book.
Four out of four stars!
Eat Cake
By Jeanne Ray, $14.00
My friend might call this book a "potato chip"
read. However, Ray, author of Julie and Romeo and Step-Ball-Change,
is also wise and crafts a keen character—one of the best descriptions of a
15-year-old teenage girl by a mother I have read. Laugh out loud! It’s also a
sweet book in not just a figurative way. Ruth finds comfort in baking cakes and
ends up using her celestial cake-baking talent to solve a major family crisis.
If you don’t want to become a cake baker after this book, I’d be surprised.
Recipes follow the end of the book. Terrific fun!
Full Cupboard of Life
By Alexander McCall Smith, $19.95
If you have somehow missed "The First Ladies’
Detective Agency" series, this title marks the fifth novel for the fans of
Precious Ramotswe. The first four ($11.00) have all rested for some time on the
Book Sense Best-Seller list, and Full Cupboard leaped on it immediately.
Witty, wise, and down-to-earth, the characters become family in the best
literary sense. Botswana in the 1970s is definitely a major character in these
books, and one can’t help but be impressed by Smith’s love for this country
and its natural landscape. We’ve had many customers buy the first book and
come back a few days later and buy the rest of the series. Quite addicting!
***
So remember the summer reading rules: It is all about fun,
and do remember that even "escapist lit" can fill the spirit! Until
next month, happy reading AND relaxing.
By Woody Woodworth
Building a new garden is an exciting and rewarding
experience. The success of your new garden is greatly increased by following a
few guidelines and basic principles. Plants you choose play a key role in
determining how full your garden will appear right now and what it may look like
in the future. Below are a few suggestions to help you along the way.
In selecting a site for your new garden, consider the amount
of sun or shade exposure your plants will get. Observe the new site by watching
the morning, mid-day, and evening light. In Colorado, five to six hours of sun
is considered "full sun," two to five hours is thought of as "sun
to partial shade," and less than two hours is more "shade." Most
shade-loving plants desire less than one hour of our hot, dry climate. Use
plants that thrive in proper light conditions to ensure success.
The single, most important thing you can give your new garden
is good soil to grow in. Plants live in various soil types but will thrive if
you amend your soil with a composted material. The type of soil you have will
determine which compost you will use. Clay soils need to be broken up to provide
more air to the plant roots. Sandy and rocky soils need to retain more moisture
in the root zone. Consult your local garden center for information on the many
types of soil amendments and which ones are best suited for your location.
Consider height and color of flowers or foliage when
selecting plants for your new site. Set taller plants toward the rear or off to
the sides of the garden if it backs up to a fence or structure. Place tall
plants in the center of the garden if the site can be viewed from all
directions. Use raised beds to achieve greater height, or select plants that
grow tall such as vines and ornamental grasses. Some variegated foliage mixed in
with flowering perennials offer a unique look. Mix wide-leaf and slim, narrow
leaf plants to achieve texture and depth. Pick colors that compliment one
another as you would if decorating your home. A splash of purple or blue next to
yellows and oranges make beautiful combinations.
Choose plants that use the same water consumption to help
make watering easy. Most succulents and sedums are drought tolerant and require
little water; they should be planted in the same areas. Provide drip lines or
efficient sprinklers on timers to avoid overwatering and wasting our precious
water resources. Simple, battery-operated timers and drip irrigation supplies
are available at most garden centers to help you easily convert sprinkler lines
to drip irrigation.
Use natural bark mulches to help retain moisture and keep
weeds in check. By adding three or four inches of a finer forest mulch, you will
save on the amount of watering needed to maintain plants at the root zone. Use
small, medium, or larger cedar bark mulches around perennials, shrubs, and trees
to help control unwanted garden weeds and to make pulling weeds easy.
Add flare to your new garden by using a piece of statuary,
birdbath, unusual rock, or other natural products as a focal point to compliment
plants. A small fountain is easy to maintain—the running water is soothing to
the ears, and it will attract birds and wildlife to your garden. Too many rocks
will add more heat to your garden, so be aware of increased evaporation rates.
Be sure to think of the future and know how large your plants
will grow as they become mature. If you overplant, you can always move those
that are crowding others to a new garden and start again.
Woody Woodworth owns High Country Store and is a member of
Garden Centers of Colorado and the Green Industry.
View a drawing of the Great Blue
Heron
By Elizabeth Hacker
In Palmer Lake, there is a pair of nesting great blue herons.
They are easily identified by their distinctive coloration, large size—up to
four feet tall, with a seven-foot wingspan—and a long neck that often folds
into an "S" shape. You may have seen great blue herons in other ponds
or wetlands in the area, as they live and migrate in colonies.
In early June, while teaching a class at the Tri-Lakes Center
for the Arts, I saw these huge birds swooping over the lake. They glided back
and forth for hours. Their acrobatic performance brought to mind this year’s
spectacular Air Force Thunderbirds flyover celebrating the cadets’ graduation.
After observing this behavior for a few days, it occurred to me that this might
be part of a mating ritual.
The heron’s primary diet is fish, but it also consumes
insects, rodents, reptiles, and other smaller birds, and has been known to
snatch expensive imported fish from backyard ponds. While the low water level in
Palmer Lake is not a pretty site, these herons don’t seem to mind. One hot
July day, I observed the female swallow three sizable fish within ten minutes
before the male swooped down to seemingly say, "Honey, it’s your turn to
go feed the kids." She dutifully flew up to the top of ponderosas on the
west face of Ben Lomond Mountain.
Great blue herons build their nests in large trees or on
cliff ledges. Males gather twigs and small branches up to a foot in length and
pass the material to the females, who construct the nest. Each season, the nests
are added on to and reused. The female lays three to five light blue eggs. One
parent is present at all times during the first weeks of the nestlings’ lives.
Although I have not seen the great blue heron nest, it
shouldn’t be too hard to spot. Nests are more than three feet in diameter and
quite bulky. Another obvious clue is that the chicks sound like barking puppies
when the parents bring home the bacon – regurgitated fish that is. One fact my
kids found interesting was that when harassed, a young heron will regurgitate
over the edge of the nest onto its harasser. Judging from the number of fish I
observed being caught in a short amount of time, I pity the harasser!
After two months the fledglings begin to fly, and by three
months they leave the nest. By August the parents will be teaching their
juveniles how to fish. Hopefully this will occur in Palmer Lake, where they can
be easily observed. The juveniles will appear almost as large as the adults, but
will not be as graceful, and will be gray in color. The adult plumage is not
attained until the fall of the third year.
The great blue herons are the largest North American heron.
They are found throughout the United States and southern Canada. East of the
Rockies, the northern populations migrate to portions of Texas or Mexico along
the Gulf Coast.
July has been a terrific month for bird watching. Jean
Anderson of Palmer Lake reported citing a number of unusual birds, including a
Clark’s grebe, a belted kingfisher, and four American pipits.
Elizabeth Hacker is an artist and freelance writer. E-mail
your questions and bird finds to her at editor@ourcommunitynews.org.
View a drawing of the Great Blue
Heron
The Black Forest Slash-Mulch Program is a wildfire mitigation
and recycling program of the El Paso County Solid Waste Management Department.
The site is located at the southeast corner of Herring and Shoup Roads in Black
Forest.
Residents may bring slash that is no longer than six feet and
no wider than eight inches in diameter to the slash-mulch site, where it will be
ground into mulch and recycled. Slash is accepted through Sept. 25, Thursday
evenings 5:30 to 7:30 p.m. and Saturdays and Sundays 8 a.m. to 4 p.m. The cost
is a donation of nonperishable food that will be distributed to nonprofit Black
Forest organizations. No stumps, roots, lumber, railroad ties, dirt, weeds, or
household trash will be accepted. Loads must be covered and tied, and children
and pets must stay inside the vehicle while at the site. Mulch will be available
to Sept. 25. Those bringing their own tools may load mulch free of charge.
Aug. 7, 11 a.m. at the slash-mulch site—Dave’s Demo:
Mountain Pine Beetle Presentation. For more information, call El Paso County
Solid Waste Management at 520-7878 or Ruth Ann Steele at 495-3107, or visit
www.bfslash.org.
The Farmer’s Market will be in downtown Monument every
Saturday 7 a.m. to 1 p.m., until Oct. 2, at the Lewis-Palmer School District
yard on the south side of Second Street between Jefferson and Adams.
The Tri-Lakes Center for the Arts (TLCA) and The Wine Seller
Concert series present Jubilant Bridge on Aug. 14. Jubilant Bridge performs a
harmony-driven acoustic collage of intricate arrangements and unique harmonies.
On Sept. 4 Colorado Saxophone Quartet will perform everything
from jazz to classical music to avant garde. Tickets for each concert are $10
for members and $12 for nonmembers and are available at The Wine Seller, The
SpeedTrap, and TLCA. Doors open at 7 p.m., and shows start at 7:30 p.m. The
Tri-Lakes Center for the Arts is located at 304 Highway 105 in Palmer Lake. For
more information, call 481-0475, or visit www.trilakesarts.com.
Estemere Tour
Don’t miss this opportunity to tour the elegant Victorian
mansion Aug. 28, beginning at 10 a.m., with the last tour leaving at 4 p.m. The
Estemere Mansion is at 380 Glenway in Palmer Lake. The tour is limited to the
first 300 people to buy tickets, but everyone can enjoy the festival atmosphere
that includes music, a bake sale, refreshments, fine food by area restaurants,
and more. The cost for the tour is $8, and $5 for members. Please note that the
site is not wheelchair accessible and has limited handicap access. Also, no
shoes are allowed in the house. For more information, call Leon Tenney at
488-9450.
Join the Colorado Springs Down Syndrome Association’s 5th
Annual Buddy Walk Aug. 28 in Manitou Springs Memorial Park. Registration begins
at 8:30 a.m. and the walk through the streets of Manitou starts at 10 a.m. A
continental breakfast and lunch are provided. For information, call CSDSA at
633-1133, or visit http://www.csda.org.
Volunteers who are interested in moderating informal
conversation groups for adults learning to speak English are invited to this
training session Aug. 28, from 10 a.m.-4 p.m. at Penrose Public Library in
Colorado Springs. Call 531-6333, x2224 for information.
The Gleneagle Women’s Club has over 100 members and holds
monthly luncheon meetings featuring speakers. The annual membership drive
meeting will be held Sept. 17 at the Gleneagle Golf Club, 11:30 a.m. to 2 p.m.
Program speaker will be Sheila Whelan of Sheila Whelan Designs. Within the club
are many interest groups including investing, gourmet cooking, book review,
hiking, bridge, and many more. Call Cecelia Neill, 481-1283, to make your
reservation. For more information call Julie Bloom, 481-1906.
Expose Your Business
The Tri-Lakes Chamber of Commerce is planning its fourth
annual business expo Sept. 21, from 4 to 8 p.m. at the PineCrest Event Center in
Palmer Lake. Meet your local business owners while enjoying a wine and beer
tasting and food festival.
For more information, call the chamber at 481-3282 or visit
www.trilakesexpo.com.
Tri-Lakes Cares (TLC) is an organization dedicated to helping
those in our community struggling for a variety of reasons. TLC is currently
operating out of a small garage-like structure off Third Street in downtown
Monument. This building barely allows them enough room to store the necessary
food items to provide to their clients on a daily basis. To alleviate this
problem, TLC has purchased land and hopes to build a new home base. To do this,
they need our community’s assistance.
TLC Executive Director Judith Pettibone, the Monument Hill
Sertoma Club, Jeff Jensen of Pikes Peak Acura, and resident Carolyn Laband have
coordinated a raffle of a new 2004 Acura, with all proceeds going to the
construction of TLC’s new building. Tickets cost $20 each, or three for $50.
There will be cash prizes of $1,000, $750, and $500. The drawing is scheduled
for Friday, Oct. 1 at the Lewis-Palmer High School Homecoming football game.
Raffle tickets can be purchased at Covered Treasures, Edward
Jones Investments, Pankratz Gallery, Petal Pushin’, Pikes Peak Acura (in
Colorado Springs), The Rockhouse, and Tri-Lakes Printing. They will also be
available Aug. 14 at Safeway from 10 a.m. to 3 p.m. and Aug. 20 at People’s
National Bank during bank hours.
Join the AARP for a trip to New York City, Philadelphia, and
Atlantic City. The dates are Oct. 3-7 and the cost is $539 for five days and
four nights, including eight meals, plus $286 for airfare. For more information,
call Kay, 481-4429, or Edna, 495-2443.
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