The News-Press Front Page

By Mike Colias

Staff Writer

Political turmoil continues in Larkspur.

Two days after a recall vote resulted in the dismissal of two council members and the election of two newcomers, the election was declared null and void by Larkspur's town clerk.

At the town's council meeting Thursday night, Randi Heard, town clerk and chair of the election committee, said a "clerical error" in the ballot process invalidated the election.

The preliminary results of the Nov. 18 election recalled Council members Myrna Been and Jessa-Lee Bell, and elected candidates Sue Pappas and Wandalene Hertz to council.

With the election invalidation, Been and Bell will remain on council and wait for a new recall election Dec. 16.

Election officials claim the ballot was poorly designed.

"The ballots were a two-part system, and because they weren't designed properly, some ballots fell apart in the ballot box," said Pennye Henson, election commissioner.

Because it was a two-page ballot (one double-sided and one single-sided), election officials could not determine which pages belonged together, Henson said.

Henson also said the ballots were numbered incorrectly, and many were filled out improperly due to the confusing nature of the ballot language.

Pappas disagreed with Heard's decision to invalidate the election results, saying the recall part of the ballot was not faulty and should stand.

The recall portion of the ballot was on the first two pages, which was one legal-size, double-sided sheet. Those results were in favor of recalling Been and Bell.

"If there is a question of whether we were legally voted in, then I would accept the decision to invalidate," Pappas said. "But the recall should still be good, based on the first two pages of the ballot."

If one of the incumbents are recalled, a candidate needs only one vote to be elected. If both incumbents are recalled, each candidate needs only one vote to fill either of the two vacancies.

Pappas later stated she would rather see a new election than have the controversial results stand. "We would rather get sworn in knowing we deserve to be there," she said.

Following the invalidation of the election, the Larkspur Recall Committee, which initiated the recall petition, indicated it would file a contest to the decision with the district court. The committee is headed by Larkspur resident Bill Barnekow.

The committee, however, later decided not file the contest.

"We decided that filing the contest would be more expensive for the town than having another election," said Mary Barnekow, Bill Barnekow's wife and committee member.

The recall vote was spurred by a May petition that rendered allegations against Been and Bell, claiming they and current mayor (then-councilman) Bill Lucero caused continual conflict in the council, by-passed the charter, fired a capable town attorney, misappropriated the town budget, and interfered with a capable town clerk, who has since resigned.

All three have denied the claims.

"We have done nothing to deserve this recall," said Been, Larkspur council member for nearly seven years. "We both have worked hard for the people of Larkspur, and the petition for recall was nothing but a personal vendetta."

Been also said she feels the criteria to initiate a recall vote is unfair. A petition needs signatures from 25 percent of registered voters to recall council members.

"They can bring against you any grievances they want, whether they're true or not," she said. "People may not always have agreed with me, but I've never done anything to hurt the town."

Lucero avoided facing the recall vote thanks to a town charter stipulation that says an elected official must hold office for six months before having to face a recall election.

With Lucero's six-month grace period now up, Barnekow presented a petition to council at the meeting for the mayor's recall.

Barnekow's petition cited the same grievances as were included in the recall petitions of Bell and Been.

If they avoid recall, Been and Lucero's terms conclude with a general election in April. Bell's term is not up for another two years.

Mike Colias

Staff Writer

The renaissance of Castle Rock's downtown began Tuesday of last week with a groundbreaking ceremony for a building at the corner of Third and Perry Streets.

A future "Wilcox Square" is the vision of Brad Brown, developer and owner of the Castle Cafe, which has plans in the works for three new buildings and three renovation projects between Third and Fourth streets along Perry Street.

"There is a unique opportunity for Castle Rock's downtown area," said Brown after the groundbreaking ceremony. "The town is very supportive of downtown growth and revitalization."

Brown added the strong economy also provides a good window of opportunity for an ambitious downtown development project.

"Our goal is to revitalize the downtown area and provide quality retail, office and residential space," Brown said. "We would like to make it a destination area, so people will come for an experience, and decide where to go from there."

Brown formulated his idea earlier this year when he purchased railroad property between Third and Fourth Streets on Perry and struck a deal with the town.

The town previously had plans to alleviate parking woes by knocking down the police and fire stations for parking lot space after new stations were built. Brown saw a better solution.

"The downtown area needs a better identity and more action," Brown said. "That real estate needs to be put to better use."

So Brown worked a trade with the town, acquiring the current police and fire station buildings in exchange for part of the railroad property. The town will use part of the land to build the new fire station at the northeast corner of Third and Perry Streets.

A parking lot will be constructed on the remainder of the town's railroad property. A 120-car lot between the new buildings and the railroad tracks will accommodate parking needs for the new Wilcox District.

Brown indicated lot parking will be free of charge, and there will also be parallel parking along Perry Street. Directional signs to Castle Rock's "historic district" or "Wilcox Square" will stand at each end of town, encouraging visitors to eat and shop in the area.

"The project for new buildings and retail activity downtown has been very well-received by the town," said mayor Don Jones.

The three new buildings in the project will line the east side of Perry Street between Third and Fourth streets, housing retail space, as well as office and residential units.

The building under way at Fourth and Perry will be a two-story structure, with retail stores on the first floor and offices on the second. Brown said he expects that building to be completed by this spring.

"We hope to have tenants in the new building by March, and we have some idea about what type of tenants those might be," he said.

Law firms, real estate agencies, architectural agencies and engineering firms are included as possible future tenants in the new building.

Brown also has a plan for the retailers involved in the project. "Ideally, we're looking for local retail entrepreneurs that would like to be part of the downtown neighborhood," Brown said. "We want character retail stores that will be a destination attraction while serving the needs of the community."

Galleries, coffeehouses and bookstores are a few of the retail possibilities for the new buildings.

In addition to the three new buildings, Brown also acquired the buildings now housing the police and fire departments. Renovations to these three buildings for office and retail units are also part of the project, but are dependent upon the department buildings being vacated.

The town plans to construct the new fire department just south of the third new building on Perry Street.

All the buildings slated for the project will maintain standards of appearance outlined in the town's downtown plan and specified in the historic board's established guidelines, according to Theodore Schultz, the architect for the project.

"These will be contemporary buildings with a historical influence" Schultz said. "We want the new structures to fit in with the existing buildings without mimicking them.

The three new buildings will add more than 18,000 square of space downtown, divided equally between retail and residential.

By Kathy Metcalfe

Staff Writer

The new Douglas County Public Library, proposed for the site of the Oakes Mill Library that was torn down this month, will bear a new name as decided at a public input meeting Nov. 19.

The new name of the library that will be built in Lone Tree for commpletion in August of next year, has yet to be decided, but it has been determined the name will change.

"I was surprised that no one at the meeting voted for the old name," said Jamie LaRue, library director. He led the public meeting at the Lone Tree community center to discuss the controversy that was brewing about the name.

Several Acres Green residents had protested changing the name to the Lone Tree library, as requested by the Lone Tree government as a stipulation for waiving building fees for the library.

However, the name was found offensive to those nearby residents who are not a part of the new city.

"I would like to come to the library without a negative feeling," said Acres Green resident Lenora Starr. "We feel that Lone Tree's attitude is rather arrogant."

However, many people at the meeting suggested that naming the library "Lone Tree Library" would eliminate the confusion about where the library is located.

Other suggestions for names include Oakes Mill at Lone Tree, and naming the library after a person who donates a large parcel of money for the library.

LaRue suggested that a donation of $100,000, which is 10 percent of the cost of the library, would constitute naming the library after the donor.

The library also will sell bricks, possibly a fireplace and other items to be built into the library that will have a donor's name attached to them.

"I think we should reserve the right to rename the buildng after a donor until the day it opens," LaRue said.

He said he will propose at the Dec. 10 board meeting that they hold off on renaming until reopening.

Although no hands showed on naming the library after a donor (seeing as there are no large donors yet), the largest show of hands went to naming the library Lone Tree library with 17. Nine votes went to Oakes Mill at Lone Tree and no votes went to the original name of Oakes Mill.

The board of directors will wait a couple of months before deciding on a name to see if any donations come in.

"Compromise is better than losing altogether," Starr said after after voting for Oakes Mill at Lone Tree.

By David Brendsel

Staff Writer

The parents' group challenging the Douglas County Soccer Association's Board of Directors seems to have won the first battle for control of the beleaguered organization.

In a Nov. 19 special meeting at ThunderRidge High School, the group passed, by a two-thirds majority, its version of changes to the association's bylaws. But board members are considering a challenge to the vote over the use of proxies.

"I consider them as having been passed," the group's spokeswoman Franny Kemp said. Kemp said it was "outrageous" that the board would use association funds to challenge what she considers a clear message from the membership.

"They need to accept the changes to the bylaws and move forward," Kemp said. "Now is the time to join in partnership."

While echoing Kemp's call for unity, association President Jeff Falkel said the association still is considering what to do about proxy votes collected by the board but not used at the meeting. The parents' group had not gathered proxies. They said they thought proxies weren't authorized in association bylaws. But board attorney Tom Smith said they are allowed in the association's articles of incorporation. Smith and the board agreed to not use the proxies after it became an issue at the meeting. But now they say they're worried about denying votes to members who gave their proxies.

"We can't do something that's illegal," Falkel said. Falkel proposed the two groups meet to agree on a unified set of bylaws. "I think we need to work at this together," he said.

But future cooperation may be difficult if the board refuses to recognize the results of the vote, Kemp said. The parents' group already has petitioned for two new special meetings, one to vote on the bylaws again if the board's challenge is successful, and another to unseat the current board.

Falkel said he was surprised at the number of people present and the amount of emotion displayed at the Nov. 19 meeting.

"There was a lot of tension in the room," Falkel said. "But I'm glad people are concerned."

Emotions ran high as Falkel steered the meeting through a tight schedule. Objections were shouted from the audience several times as Falkel tried to make rulings with which the majority didn't agree. Falkel reversed himself on occasion to placate the crowd.

The parent's group had a clear majority at the meeting. But supporters of each of the competing bylaw changes rallied vocally as lawyers from each side presented their group's arguments for changes.

While the two groups agreed on many bylaw changes, such as updating voting procedures and doing away with the executive committee, they disagreed on several more, including:

Voting membership: The board wants to limit voting members to the current arrangement of coaches, assistant coaches and referees, while the parents' group wants to open it to team managers and standing committee chairs.

Special meetings: The parents' group would like to leave in the current requirement for 30 voting members to call a special meeting. The board wants to require 25 percent of the approximately 600 voting members to petition to hold a special meeting. Board member Laura Wildemuth said the 30-member rule was appropriate when there were only about 100 members, but is out of date because of the growth of the club.

Financial audits: The board would like to keep the current system of independent auditors regularly inspecting club finances. The parents' group wants a three-member committee to oversee the association's finances. The parents' group has been critical of the board's handling of finances, including what is spent and how records are kept.

Conflict of interest: Both sides want board directors to disclose possible conflicts of interest. The board also wants to prevent directors from serving if they have children on competing soccer teams, a change aimed at board members Mike Flanagan and Mike Mais. The parents' group wants to prevent board members' families from holding paid positions within the organization, a change aimed at board director Jane Kirchner and her husband, Bob, who holds two full-time positions with the association.

After the bylaw changes were presented, a vote was called. But parents' group members said they were afraid to leave their signed ballots with the board for fear of retribution. So a compromise was reached to have members of the Colorado State Youth Soccer Association members conduct the vote.

At the end of the meeting, it looked like the parents' group had won. But CSYSA members said there were some signature discrepancies that they wanted to verify. They reported the parents' group the winners the next day.

As of Monday, the board had not decided whether to challenge the vote, Falkel said.

Despite the outcome of the vote, both sides agree the club needs to move forward. But neither side is confident it can.

By Virginia Grantier

Staff Writer

The empty hillside just north of Parker Hardware Co. may soon have 464 apartments on it.

The Parker Town Council recently gave preliminary approval for a proposed 20-building complex on about 25.5 acres just east of Parker Road and north of Hilltop Road. On about two of the acres would be commercial development, possibly a grocery store or move theater.

Mike Connor, the town's interim planning director, said the added population will cause impacts, but there is a need for more apartments.

"It is going to bring more traffic, there's no doubt about that," Connor said.

But Connor said in a town that now only has two small apartment complexes with 44 units, there is a need for more.

"From what we've heard from the business community...There's not units in town that these people can afford," he said, referring to some fast-food and retail employees.

"We are going to be providing units at reduced rents," developer John Blumberg said recently.

He said that possibly about 40 percent of the first phase's 216 units will be offered at a reduced rent.

"We're trying to build a bedroom apartment that a retail worker in town can afford at a reasonable price -- (as well as) build big apartments that will be very expensive."

Blumberg said the rent range would probably be from about $575 to in excess of $1,300.

"The council wanted a wide range of diversity within this community," he said.

Everyone from retail workers to those who have "a lot of money." In addition, the town hopes the complex's residents will walk and bike into the town's downtown core, spurring more retail development in that area, Blumberg said.

Connor said the developer will be responsible for funding road improvements on Hilltop including adding an eastbound lane from Parker Road to Pine Drive.

A resident of Turtle Creek subdivision, which will abut the apartment complex, was supportive of the project. He told the council that the developers had worked hard to adjust the plan to minimize the view and traffic impacts to Turtle Creek. He also was pleased that the architectural style of the complex reminded him of something one would see in Vail, a mountain-home type design.

"I think they've gone to a great extent...," Connor said, referring to the extensive design work.

"The architectural detailing, lots of bricks and other architectural details (will) make the buildings look interesting," he said.

The buildings will range from two to four stories high.

Connor said the additional pedestrian traffic from the complex will certainly result in beefing up the downtown area as developers and business people respond to the additional population by building more commercial space.

The council will make a final decision on the apartment plan in December.

Blumberg said the apartment complex design is consistent with the town master plan's goal to construct buildings that reflect the Old West and Victorian design.

"The clubhouse and units themselves have really steep pitched roofs that help with the Victorian theme, a lot of very large porches," Blumberg said.

The balconies will have white picket fences.

Blumberg said he initially was thinking about constructing a big-box retail center, not apartments. But because of concerns from nearby residents and town staff they changed plans.

Blumberg said the plan is to break ground in January or February and in mid- to late summer have some of the apartments completed, and a 5,000-square-foot clubhouse.