Side Streets ~ Neighborhood people and issues

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IS PLEASANT VALLEY COUPLE ON DOORSTEP OF DISASTER?

January 27th, 2013, 5:00 am by

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Since 1976, Frank and Barbara Sanders have lived quietly on the northern edge of Pleasant Valley along the banks of Camp Creek, giving them a front-row seat to Rock Ledge Ranch and Garden of the Gods.

Last June, the Sanders had a front-row seat for the Waldo Canyon fire. They watched in horror as the hills above the valley became choked in billowing black clouds of smoke and the forest glowed a sickening orange at night as trees torched in the spreading wildfire.

Now, the Sanders may have a front-row seat to the aftermath of that disaster.

Experts fear the Sanders and much of Pleasant Valley could face devastating flooding from ash and debris-laden water with the next hard rain.

The inferno that killed two people and burned about 350 homes in Mountain Shadows also scorched upwards of 18,250 acres in the Pike National Forest, especially in Queens Canyon and the headwaters of Camp Creek.

Experts agree it’s not a question of “if” a hard rain will bring flooding. The question is “when” and “where” the flooding will occur. There are several drainage basins where rainfall, especially a notorious Colorado microburst, could unleash a raging black torrent.

Flooding could occur in Woodmen Valley, below Peregrine, where Dry Creek runs. Or in Mountain Shadows and surrounding neighborhoods along Douglas Creek. Certainly Manitou Springs and the communities up Ute Pass already have suffered and remain vulnerable from Williams Canyon and Waldo Canyon flooding.

But perhaps no neighborhood is more at risk than Pleasant Valley,  a 1950s-era subdivision of about 800 modest homes. It’s a likely target because it’s the first neighborhood below Queens Canyon, where the fire raged for days before exploding down the foothills and into Colorado Springs on June 26.

Any significant rain is expected to carry tons of sterilized soil, rocks and burned timber down the mountainside, through Glen Eyrie and Garden of the Gods before it slams into Pleasant Valley.

A photo by Frank Sanders shows the washed out culvert and portion of Chambers Drive damaged in a 1999 flood near his Pleasant Valley home.

The Sanders’ tidy little home would be swamped by the first wave.

“We are very apprehensive about the next summer or two,” Frank Sanders said. “I don’t know how much mitigation they can do, really.”

The couple bought federal flood insurance. And they have a new weather radio so they’ll hear any storm warnings.

But they keep thinking back to April 1999 when a wet spring and late snow caused Camp Creek to jump out of its banks and into their driveway and lawn.

“The water coming down the street and flowing through our driveway like a river,” Frank said. “It was calf-deep and very swift.

“It gives you a really helpless feeling. All you can do is watch the water rise. It was pretty bad.”

Frank ordered a pallet of sandbags from a hardware store and the city arrived with a long rubber bladder that workers filled with water to create a dike to divert floodwaters around the house.

In this photo courtesy of the Sanders family, Frank Sanders, right tries to remove water from his Pleasant Valley property during a 1999 flood.

“We had an inch of water in the basement,” he said. “We’d have had it a lot worse if the city hadn’t showed up.”

That relatively small flood was bad enough to wash out two corrugated steel drainage pipes that carried the creek under the intersection of 31st Street and Chambers Way. Asphalt hung like a rolling, black tablecloth across the void.

The road was closed nearly a year as crews rebuilt a concrete culvert to carry the creek under the intersection.

“You just wondered how it would ever get back to normal again,” Barbara Sanders said.

Already, they’ve had a frightening hint of what they might expect. Last July, a moderate rain brought swirling black water choked with ash and gravel down Camp Creek.

“It was black as tar,” Frank said. “And it smelled like fire.”

Fortunately, city crews had cleared dead trees at the mouth of the culvert before the rainfall so there was no repeat of 1999. In fact, Kurt Schroeder, of the city parks department, said crews removed hundreds of dead trees and even more live New Mexico locust trees from the creek as it winds through Garden of the Gods.

In addition, he said city engineers are looking for ways to slow any floodwater as it pours through the city park, reducing its possible impact on Pleasant Valley.

El Paso County Commissioner Sallie Clark said the Sanders were smart to buy insurance and get a weather radio.

And she urged the Sanders and their neighbors to attend public meetings like one scheduled Tuesday being sponsored by the city to discuss flood risks and mitigation efforts.

“I don’t mean to scare people, but they need to be aware that this could be very serious,” Clark said.

The Sanders are sufficiently aware, if not downright scared.

“We’ve gone to several meetings,” Barbara said. “We’ve gotten maps of the floodplain and read everything we can.”

In addition, they volunteered their house for taping of a video to teach volunteers how to fill and place sandbags as the city and county trains for possible flooding.

They’d prefer to return to enjoying their quiet old life. But they are preparing for the worst, with a scrapbook full of Waldo Canyon fire photos handy to remind them why they need to worry.

“Our only saving grace,” Frank said, “is that it is going to be a dry summer. There’s not much more to say. We just sit and wait. The more mitigation work they can do on the burn area, the better. We just hope it doesn’t rain hard.

Last August, Camp Creek ran black with ash and soot from the Waldo Canyon fire burn area far above the Pleasant Valley neighborhood in Queens Canyon.

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RAWLES SLAPPED DOWN IN BID TO TALK MASTER PLAN

January 26th, 2013, 1:00 pm by

This was the view of the Rawles Open Space along the 1500 block of Mesa Road in the 1940s. Colorado Springs founder Gen. William Jackson Palmer reportedly rode his horse along this route from Glen Eyrie to get downtown. Courtesy Pikes Peak Library District Special Collections.

In 2009, neighborhood advocate Dave Munger asked the Colorado Springs City Council a simple question: What is a neighborhood and who decides?

The council gave an emphatic answer: Size doesn’t matter when it comes to protecting the character of neighborhoods. Tiny pockets of homes, including the westside Rawles Open Space Neighborhood along Mesa Road, can organize even though they are covered by a larger association because they boast unique character and deserve individual recognition. Follow this link to my May 3, 2009, column about the Rawles Open Space Neighborhood.

Neighborhood advocate Dave Munger, president of the Council of Neighbors & Organizations, testifies Jan. 17, 2013, before the Colorado Springs Planning Commission in a screen capture from video.

The council’s declaration was significant because it shielded the rustic Rawles neighborhood, where houses are scattered on large lots without curbs and gutters and even sewers, from a modern, five-house subdivision proposed on five acres in the area. Here’s a link to the follow-up blog I wrote on Nov. 8, 2009.

That history seemed lost on the city Planning Commission last week when the panel voted to reject a request by the same Rawles group for permission to draft a master plan. It would cover 38 properties on 85 acres within the larger Mesa neighborhood.

A master plan, if approved by the planning commission and council, would guide future development in the neighborhood. It might call for houses to be built farther back from the road than required by city codes, or seek to impose stricter height restrictions and other rules for construction.

The planning commission decided to stop the conversation before it could even get started. To watch the two-hour hearing on the issue, click this link.

Real estate attorney James Kin, a leader of the Rawles Open Space Neighborhood, testifies Jan. 17, 2013, before the Colorado Springs Planning Commission in a screen capture from video.

Several commissioners challenged the validity of the Rawles group, despite its high-profile recognition by the council. And several flatly rejected the assertion it counts 75 percent of the homeowners among its members, as stated by group leader James Kin, a prominent real estate attorney who has served on similar city commissions.

Commissioner Jeff Markewich put it bluntly: “Other than Mr. Kin’s word, I haven’t seen evidence the organization really represents the neighborhood . . . I just don’t see any evidence that this neighborhood organization really is representative of the vast majority of people in the neighborhood.”

Ouch.

Munger, president of the Council of Neighbors & Organizations, or CONO, tried to persuade the panel to let the master plan conversation occur so the neighbors can try to draft a plan.

“In our view, neighborhoods are one of the basic ways in which we, as a community, exercise and conduct democracy,” he said. “It’s the basic way we come together to solve problems. One thing CONO tries hard to do is to encourage neighborhood discussion of important issues.

“We would view this draft plan as the beginning of that discussion.”

Colorado Springs Planning Commissioner Don Magill gestures as he pointedly questions attorney James Kin about the Rawles Open Space Neighborhood in testimony Jan. 17, 2013, in a screen capture from video.

But Commissioner Don Magill took offense at Munger’s suggestion, snapping: “You just gave us a lecture on how we should deal with this. Thank you.”

Commissioners repeatedly questioned Kin, Munger and others about how the Rawles group, or any neighborhood group, gets officially recognized. Who at the city, one asked, certifies a neighborhood association? What are the criteria?

Clearly the commission was trying to discredit Kin’s group as not a credible association. And several accused Kin and his group of having a hidden agenda.

“This is actually an attempt to get control of somebody else’s property through a kind of esoteric, indirect fashion,” said Commissioner Robert Shonkwiler.

The majority didn’t seem to care that master plans are a common tool for preserving the character of a neighborhood and routinely written by developers, the city and even, in rare instances, neighborhoods themselves.

Most baffling to Kin, Munger and others was the insistence by the commission that 100 percent of the 38 property owners agree to the master plan process.

Kim insisted the commission didn’t have legal authority to demand unanimous approval of the neighborhood to simply draft a proposed plan.

“Not only do we believe the code does not allow you to add additional requirements such as 100 percent participation, but we also don’t believe it is good governance,” Kin said.

Magill fired back.

“That’s what I want to do,” he said, pointing at Kin. “That’s what we’re saying. That’s what we want to do.”

And Munger noted the 75 percent agreement was more than the super majority vote needed to pass laws, overturn a veto or amend neighborhood covenants in most homeowners associations.

But the majority on the commission was unswayed. Magill said to simply allow the discussion would give sanction to the group and tacit approval to its master plan.

“To approve you to go forward with a master plan opens Pandora’s box,” Magill said.

Now, the council will get a chance to decide because the Rawles group has appealed the commission’s rejection, Kin said Friday.

He acknowledges he probably angered some on the commission by drafting a proposed master plan and passing it around the neighborhood prior to getting commission approval. And he denies the group tried to bully folks who recently bought vacant lots in the neighborhood, as was suggested.

“We have a unique little stretch and we think it’s worth preserving,” Kin said. “I hope they (the council) will be open-minded.

A 2009 view of the Rawles Open Space, a 7.6-acre tract named for the former owners of the property. It was deeded to the Palmer Land Trust for preservation. Another 19-acre tract nearby also is owned by the Trust, which works to secure conservation easements to preserve undeveloped land. The 38 homes sprinkled amid the open space adopted its name.

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ROCKRIMMON BUCK RESPONDS TO STORIES

January 24th, 2013, 6:53 pm by

I received the following email a few minutes ago.

It speaks for itself.

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Dear Bill,

I Just want to thank you for bringing my plight to the attention of professionals who could help me.

I hope that people reading your article consider that, although I roamed around the Rockrimmon area, I still am a wild animal.

For folks to think otherwise was very foolish of them. Getting so close to me and my, modestly speaking, fabulous rack was just plain dangerous. They were lucky I’m such a patient kind of guy.

I’m also glad you pointed out that feeding me like they did, although well intended, really didn’t make me feel better. In fact, I was about ready to head over to Safeway to grab some Tums.

Anyway, thanks again for helping! I’ve got to get going and check out those hot does over here in my new hood.

Your appreciative friend,

Mr. Buck

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INDIANA HOA PRESIDENT THREATENS TO SUE NEWSPAPER

January 24th, 2013, 1:13 pm by

Stonecreek neighborhood in Evansville, Ind.

This is a classic!

You gotta listen to the audio of a conversation between a reporter for the Evansville, Ind., Courier & Press and Stephen Hess, president of the Stonecreek Homeowners Association, which governs a 320-home, middle class subdivision.

Hess was spitting mad that the reporter would dare to write a story about the HOA filing liens on homeowners and other issues in the neighborhood.

The audio link also can be found at the bottom of this story about Hess and Stonecreek HOA.

 

MANGLED ANTLERS ARE ALL THAT REMAIN OF BUCK

January 24th, 2013, 12:01 pm by

Wildlife officials tranquilized a large buck that had been living on a ledge of a retaining wall along Vindicator Drive in Rockrimmon and removed it on Friday, Jan. 18, 2013. It was given a medical exam, treated with antibiotics for an infected injury to its leg, clipped of its antlers and relocated south of Colorado Springs. Courtesy Colorado Division of Parks and Wildlife.

Readers this week were reporting the Rockrimmon buck with the mangled antlers, swollen leg and drooping ears was missing from his ledge at Vindicator Drive and Rockrimmon Boulevard.

The buck first appeared before Christmas, obviously injured and suffering. It seemed to be trying to hide behind bushes on the ledge of a retaining wall beneath an apartment complex.

In this Jan. 13, 2013, photo by Rockrimmon resident Sue Giesbrecht, a large buck with injuries including broken antlers, a swollen leg and drooping ears lived several weeks on a ledge of a retaining wall along Vindicator Drive in Rockrimmon. It is seen in this Jan. 13 photo. Parks and Wildlife officers tranquilized the deer and removed it on Friday, Jan. 18, 2013, relocating it south of Colorado Springs.

Its magnificent, oddly twisting antlers made it impossible to hide.

Passersby easily spotted it at the busy intersection, prompting worried folks to feed it and call for action on its behalf.

In the following weeks, I watched as crowds of onlookers gathered daily at the Safeway shopping center across the street. And I received regular updates from people who saw it wandering in nearby neighborhoods.

Some even lashed out at me, declaring that by writing about the buck,  it’s blood would be on my hands if it died for some reason!

Anyway, after the buck went missing over the weekend, I called Michael Seraphin at the state Division of Parks and Wildlife to see if  anyone had filed a “Missing John Doe” report. Or, in this case, John Deer.

I was surprised at what I learned.

The deer wasn’t missing, Seraphin said. It was captured by wildlife officers and removed Friday night.

It seems as the deer napped on his ledge, it was deer-napped by wildlife officers who tranquilized it for safe transport.

They took the deer to the agency’s regional office on Sinton Road where it was examined, treated for an infected wound to its leg, clipped of its antlers and put in a heated garage for the night.

The Rockrimmon buck, in a Jan. 15, 2013, photo by Rockrimmon resident Sue Giesbrecht.

“They gave him a good medical exam and determined he didn’t seem to have any broken bones,” Seraphin said. “He did have an injury to his leg that had a mild infection. So we gave him antibiotics.”

Though the deer’s impressive antlers would have fallen off naturally in a few weeks, officers chose to cut them off to take the bull’s eye off the animal, allowing him to further heal in peace.

“We removed the antlers so he doesn’t keep getting in fights with other deer,” he said.

At dawn Saturday, the deer was re-assessed for any after-effects of the tranquilizer. Once it was deemed hang-over free, officers took it to an undisclosed open space south of Colorado Springs and released back into the wild.

Actually, it’s in a far more wild environment than it had experienced on its Rockrimmon ledge.

There, people were plying the deer with apples, cranberries, lettuce, grapes and tubs of water.

“There was concern it was not getting the proper diet and becoming wholly dependent on people,” Seraphin told me. “For example, someone put hay up there on its ledge and other foods that aren’t normally part of its diet like grapes and lettuce. Deer can’t digest hay well.”

In addition, folks were walking up to the animal — some with babies in their arms — to get a closer look at it.

Wildlife officials were concerned that folks were putting themselves at risk of a close encounter with its antlers should the deer, estimated at 200 pounds and at six to eight years old, had  spooked for any reason.

The Rockrimmon buck, in a Jan. 13, 2013, photo by Rockrimmon resident Sue Giesbrecht.

The prospect of the buck bolting into traffic or whacking a child walking to school or even dying on the ledge in front of a crowd was especially troubling to officials.

In the end, its growing celebrity status doomed its stay in Rockrimmon and led officials to risk tranquilizing it and removing the buck.

“Everything went fine,” Seraphin said. “You never know how they’ll handle being tranquilized. It can be a difficult process. They can die from it.”

Not this tough old buck. It woke up Saturday and was healthy enough for release.

“We didn’t want to keep him too long,” Seraphin said. “We checked him at first light. He seemed alert. So we took him out and released him. The operation went smoothly.”

So you folks who live and hike southeast of town, keep an eye out next fall for an old buck with a magnificent rack. It may have antlers twisting in all directions, even under its chin. I’ll be interested to hear how he’s doing!

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HONORING A LIFETIME OF SHAPING YOUNG LIVES

January 21st, 2013, 12:01 pm by

Robert Savage in 2005 showing Cub Scouts how to tie a rope knot at Camp Alexander in Lake George.

When I heard the Boy Scouts were honoring volunteer Robert Savage for 55 years of dedicated service, I called “Mr. Scout” Keith Grove to find out more.

Grove, after all, should know. He’s been a Boy Scout for 72 years.

Imagine that. Between them, they have devoted 127 years to teaching boys values such as being trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean and reverent.

Actually, Savage traces his scouting roots about as far back as Grove. But he took a few years off before rejoining scouting as an adult volunteer in 1952.

In fact, both men share similar life stories that mirror the Scout oath of doing “my best . . . to God and my country.”

Savage, 82, joined scouting as a boy in Virginia, where his dad worked at a YMCA. Scouting was a natural after a childhood at the Y, Savage said, because the two organizations shared similar values.

He made it to star scout, a couple levels below eagle, before dropping out during World War II.

“We didn’t do much advancement because most of the scout masters had left to join the Army or Navy and fighting the war,” Savage said. “The guys left behind didn’t know much more than me. Eventually I dropped out.”

He joined the Air Force in 1951, got married a year later and was stationed in Denison, Texas, where they were raising three young children. He was asked to work with the local Boy Scout troop as he was leaving church one Sunday in 1957.

“Two months later, the scout master had a heart attack and I took over,” Savage said. “I’ve been with it ever since.”

That includes stints in Germany and various Air Force bases around the country where Savage was stationed during his 26-year career. After he retired as a senior master sergeant in 1977, Savage deepened his commitment, working primarily as an adult trainer.

“If you work with the type of people who share your values, you know you’re not going to end up with a bunch of drunks or something like that,” he said. “They are the best of the best.”

When he and his wife relocated to Colorado Springs in 1998, one of his first acts was to contact the Pikes Peak Council and get signed up.

Grove, who turned 83 on Friday, echoed Savage’s sentiments and reasons for his long association with scouts.

Like Savage, Grove joined as a boy in Nebraska and worked his way up to second-class scout. But he never advanced due to a simple reason.

“I never learned to swim,” he said, noting that he served three years in the Navy without being able to swim. Still can’t.

But Grove never quit scouting. He kept re-registering throughout his high school years in Colorado Springs and after his graduation in 1948, even though he could not achieve eagle status.

His interest stayed with him as he served in the Navy and then during a 27-year career in the Air Force where he achieved chief master sergeant.

“My whole life, my moral values, religious values, civic values, all came from my being in scouting,” Grove said. “I managed to make it through 27 years in the military and never used profanity, never smoked, never drank.”

I think he took that Scout law to heart.

Robert Savage in 1970

Grove is proud to have helped restart scouting in Germany after World War II. And in his retirement, he has devoted much effort to spreading the Boy Scout message around the world, including a trip to Russia in 1992 to restart scouting there.

Both Savage and Grove are proud to note that while neither reached eagle scout, both produced sons who are proud eagle scouts. Savage’s son, Don, earned his eagle. Savage’s two daughters were Girl Scouts, as well. And Grove’s three sons and two grandsons achieved eagle status.

I asked Barb Sweat, a member of the board of the Pikes Peak Council, what it means to have men like Savage and Grove devote their lives to scouting.

“It means hundreds of boys have a value system in place, thanks to their work,” Sweat said. “They’ve impacted hundreds of boys and even more adult leaders.”

Two lives devoted to serving their country and instilling values in young people. I’d say they have upheld the oath.

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AUTOGRAPHED ARMSTRONG JERSEY NOW SYMBOL OF WORST SPORTS CHEAT EVER

January 18th, 2013, 12:01 pm by

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The wall in the Pioneers Museum was bare where the professional bike racing jersey autographed by Lance Armstrong had hung.

For a moment Thursday, I feared I was too late.

I had wanted to be present when the staff removed the jersey of the disgraced former seven time Tour de France champion and Olympic bronze medalist.

Actually, I kind of hoped to light the match on the bonfire when it was burned.

Take a few charred embers as souvenirs.

Savor the memory as I watched him confess his doping sins to Oprah Winfrey on TV. (I couldn’t wait to see the long-defiant Armstrong grovel before Winfrey!)

Matt Mayberry, museum director, led me to a basement room where the U.S. Postal Service jersey was lying, on its back, on the floor. How appropriate.

But the jersey remained in its case.

Mayberry wasn’t about to burn it.

He still values it as a powerful symbol of Colorado Springs as the home to U.S.A. Cycling, the national governing body for competitive biking, the U.S. Anti-Doping Agency, which since 2000 has policed Olympic athletes for performance-enhancing drugs, and the U.S. Olympic Committee and the U.S. Olympic Training Center.

Instead of burning it, or simply shelving the blue-and-white jersey, Mayberry’s staff was updating it to reflect its changing status from cherished souvenir to sad sign of the times.

“It’s not often we have to update our exhibits to reflect something that’s happening in the news,” Mayberry said. “It’s an interesting opportunity to show what’s going on in the world around us.

“It feels like the rest of the story.”

So his staff worked with the folks at USADA to develop a five-paragraph explanation of the scandal that dethroned Armstrong as one of the nation’s most admired athletes, known for overcoming testicular cancer to win seven consecutive Tour de France racing titles in 1999-2005.

The jersey was placed back on the wall with a footnote explaining how a USADA investigation revealed Armstrong’s doping, resulting in a lifetime ban from sanctioned sports, including marathons, and stripping him of his seven titles and his 2000 Olympic medal.

USADA is the new hero. And the jersey is the piece that tells the story.

“I don’t know what taking down the jersey would accomplish,” Mayberry said. “That would feel a little bit like trying to sanitize history. We’re not interested in that. And I like having a local connection to the story.”

I suppose that is as it should be.

In fact, I hope kids touring the museum stop and read the updated exhibit.

And take it to heart.

Who wants to end up a symbol of one of the worst cheating scandals in the history of sports?

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WHAT THE HECK DO THESE COVENANTS MEAN?

January 17th, 2013, 1:52 pm by

Terry Bott thought she did everything right when she bought her home in Trail Ridge South neighborhood in Northgate in 2003.

“I read all the covenants,” said Bott, an accountant who works for a homebuilder. “There were some I didn’t like. I can’t have a clothes line, for example. I think that’s stupid. But I agreed to abide by it.

“I told myself I was willing to abide by everything in the covenants even though I didn’t like all the stuff.”

So she was angry in 2006 when the board of the Trail Ridge South Homeowners Association passed rules prohibiting homeowners from parking on neighborhood streets, which are public.  She’s been fighting the HOA ever since.

First, she volunteered to serve on the board to work for change.

After a couple of years she resigned, but has continued to challenge the rule, which allows guests to the neighborhood to park on the street. Just not homeowners.

Bott went back to her copy of the covenants, which govern things such as landscaping, paint colors, displays of signs and flags and changes to a home.

Every buyer in a covenant-protected neighborhood agrees to honor the covenants, which are enforced by volunteer boards that police the neighborhood. Often, property management companies are hired to collect dues, maintain commonly owned neighborhood parks, pools and rights-of-way and do the dirty work of enforcement.

Anyway, Bott studied the covenants, written by the developer in 2001, and found only one reference to parking.

“The covenants only say abandoned cars after five days and recreational vehicles can not park in the street,” Bott said.

Trail Ridge South resident Terry Bott says she studied the covenants before buying in the neighborhood in 2003 because she specifically wanted to be able to park in front of her home. She is upset the Homeowners Association board passed a rule in 2006 banning on-street parking by residents.

So I gave the covenants a look. I’m not exactly Stephen J. Hawking, but I can read. What I read left me puzzled. (Shocking, I know.) There was one paragraph on parking: Section 4.11 Restrictions on Parking and Storage.

Sure enough, it bans abandoned vehicles. It requires garage doors to be kept closed except “when in immediate use” by a vehicle. It goes on to say: “Boats, recreational vehicles, campers, motor homes, trailers and other such vehicles shall be kept in the garage” . . . “and shall in no event be parked on the streets” of the neighborhood.

The HOA board read that paragraph as permission to adopt a rule six years ago banning parking by home-owners.

Trail Ridge South HOA president Amy Umiamaka

HOA president Amy Umiamaka wasn’t on the board at the time. But she said the board was concerned about safety of children riding bikes and appearance.

“It sure does make the neighborhood look nicer,” Umiamaka said.

To appease Bott, she said, the HOA board finally solicited a legal opinion from attorney Lenard Rioth last fall.

In a November letter to the HOA, Rioth said he believed the rule prohibiting parking was valid. He concluded the “other such vehicles” language applies to car and trucks.

“It’s pretty straight-forward,” Rioth told me. “There’s plenty of case law to support the board.”

But another longtime HOA attorney, Jack Scheuerman, said it wasn’t so simple.

“Banning parking exceeds the authority they have under the covenants,” Scheuerman told me. “I think a judge would shoot it down.”

Shocking, isn’t it, that neighbors and lawyers all disagree?

Bott is convinced she has the right to park on the street and it doesn’t matter if a majority of her neighbors agree with the board’s actions.

I’ve talked to neighbors on both sides of the question. The community certainly is divided.

Some say it’s imperative to the safety of neighborhood children to keep cars off the street. Others say it’s unfair to allow guests to park on the street but not homeowners. Some have several teenage drivers and no room in their driveways for all the cars.

Bott seems determined to resolve the question of what Section 4.11 really means.

“I’m not going to drop this,” she said. “I resigned from the HOA board because I thought what they were trying to do was wrong.”

She said the dispute has led to heated board meetings and confrontations.

“I’ve been told by a board member that I should move if I do not like what they are doing. These guys need to be stopped.”

Here’s a guess: a judge ultimately will decide the definition of “other such vehicles.”

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LITTLE JOEY ESCAPES KILLER BUT DANGER LURKS

January 12th, 2013, 12:01 pm by

Joey, the 18-month-old Yorkie, owned by Frank and Mary VerHey

Little Joey came running up to greet me with a smile on his face. He was so adorable I barely noticed the bite marks on the head of the 5-pound, 18-month-old Yorkie.

A few days before Christmas, Joey had been snatched by a coyote as he played in the yard, chasing birds.

Luckily, Joey’s owner, 84-year-old Frank VerHey, was standing close by at his work bench and saw the abduction.

“That sonofagun coyote jumped over the fence, picked Joey up by the head and took off,” Frank told me Wednesday.

Frank immediately gave chase, running after the predator as his pup dangled and flopped from the coyote’s mouth.

“He jumped back over the fence with me after him,” Frank said. “He cut across the street. I ran as fast as I could run.”

Frank VerHey and his dog, Joey, in the backyard of their home in Emerald Acres Mobile Home Park on North Cascade Avenue. (Photo by Christian Murdock / The Gazette)

For a few frantic minutes, Frank followed them through his neighbors’ yards, up the street and down the alley of the Emerald Acres Mobile Home Park on north Cascade Avenue, near a bend in Monument Creek.

“I’m 84 years old with a pacemaker,” Frank said, vividly recalling each step in the chase. “I was trying to follow that little bugger.”

It must have been quite the scene: Frank running and hollering for help; a neighbor screaming as the coyote raced toward her with little Joey; and finally another neighbor confronting the escaping canine, causing it to drop Joey in a heap and race off.

“He dropped him in the middle of D Street,” Frank said. “He was bleeding bad. I picked him up and ran him to the hospital. They told me he didn’t have a 20 percent chance of making it.”

But three days later, and after $1,900 worth of surgery to close his wounds, Joey was declared a Christmas miracle and released. Frank and his wife of 62 years, Mary, celebrated the return of their little dog.

Unfortunately, the story doesn’t end there.

Even as we spoke, the would-be kidnapper and his pals were trotting through the 18-acre field that separates the creek from the mobile home park and Frank and Mary’s trailer.

It was mid-afternoon but the five coyotes were not shy as a couple of them rough-housed on a pile of dirt near the Pikes Peak Greenway Trail along the creek.

And that’s the problem. Frank said the coyotes aren’t afraid of humans. They hang around all the time. Even hop in the yard and steal pieces of bread he tosses to the birds he feeds in his yard.

“They are so brazen,” Frank said. “They roam around here like they own the place. Do we have to live like this, worried that they’re going to grab our dog and kill him?”

So I called Michael Seraphin, spokesman for the state Division of Parks and Wildlife. Surely, I suggested, there must be something Frank can do to protect his pet from coyotes. How about shooting them with a small-caliber rifle or pellet gun.

As usual, I was wrong.

“In the county, you’d just shoot them,” Seraphin said bluntly. “But you can’t do that in the city.”

It’s open season on coyotes year-round. And if you kill them on your property, you don’t even need a small game hunting license.

But only in unincorporated areas of the county. Not within city limits, where it’s illegal to discharge a weapon.

And it seems the coyotes have figured out they are free to hunt and kill in the city with impunity.

“Urban coyotes feel very brazen,” Seraphin said, echoing Frank. “They never get harassed, shot at or killed for hanging around people.

“They believe people are not a threat.”

Instead, they’ve learned we are a source of food. As a result, coyotes range across the Pikes Peak region, feasting on deer, fox, rabbit, squirrel, mice and anything humans carelessly leave out including bird food and garbage.

“They are omnivores and will eat anything,” Seraphin said. “They catch small mammals like mice and other rodents. And they’ll catch foxes as well as dogs and cats.”

So what are people like Frank supposed to do to protect their pets? I’ve written about rural neighborhoods that hired companies to set out live traps. But Seraphin said coyotes typically are too smart to enter an enclosure. And leg-hold traps are illegal in Colorado and only permitted if there is a threat to human health.

A coyote in a live trap.

Seraphin suggested everyone who sees coyotes should haze the animals. Scream at them. Throw rocks or cans at them. Spray them with hoses. Make them feel unwelcome.

One option is buying cans of pepper spray that can hit a target 20 feet away. But Seraphin cautioned even pepper spray requires practice to use — aim low so it doesn’t blow back on you.

“Coyotes are becoming an increasing problem in urban areas across North America,” he said. “It’s a difficult question of how to deal with any predator in an urban setting.”

For Frank, it means keeping close track of Joey and finding ways to dissuade the coyotes from lurking near his place.

“I put up motion detectors and lights hoping that might keep them away,” Frank said as Joey happily circled the yard, scampering after birds. “But I guess I just won’t leave Joey alone for a second.”

A coyote runs across a field behind Frank VerHey’s backyard Wednesday, Jan. 9, 2013. VerHey’s little dog, Joey, nearly died in December when a coyote snatched him out of VerHey’s yard on North Cascade Avenue . (The Gazette, Christian Murdock)

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INJURED BUCK DRAWS A CROWD

January 11th, 2013, 8:15 pm by

An injured mule deer buck continued Friday to rest on a ledge of a retaining wall in Rockrimmon in northwest Colorado Springs, generating dozens of inquiries to the Colorado Division of Parks and Wildlife, and to The Gazette, from concerned neighbors and passersby.

The buck, with his broken and bloodied antlers, severe limp and sagging ears, has been living on the ledge since before Christmas. Neighbors have been leaving tubs of water and feeding it apples, berries and other food. The buck was the subject of Thursday’s Side Streets column in The Gazette.

Generally, the buck stays on the ledge, about five feet above the sidewalk and Vindicator Drive, near Rockrimmon Boulevard. However it has disappeared for hours at a time in recent days.

On Friday, Wildlife spokesman Michael Seraphin continued to stress that it’s important for people to leave the buck alone.

He noted it’s illegal to feed the deer.

And he cautioned everyone to stay a safe distance away, and not to forget it is an injured wild animal despite the names given it like “Chuck the Buck” and “Fred” by electronic news outlets.

“We got reports of a woman with a baby standing next to the deer,” he said. “There’s a potential safety risk there. We’re lucky nothing has happened yet.”

He also repeated the agency has few options.

“We try to explain to callers that our options are limited to letting it recover or putting it down,” Seraphin said. “We are getting comments from people who want us to put it in some kind of shelter, or have a vet treat it or that we should not let the animal suffer and put it down.”

Seraphin said the agency debated tranquilizing the deer so a veterinarian could examine it and assess its injuries and chances of survival.

“The trauma could kill the animal,” he said, noting that the busy intersection would need to be shut down for upwards of 30 minutes to ensure the buck didn’t bolt into traffic before the tranquilizer took effect.

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