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Allen Alchian

Monument Town Council, June 3 and 12 – Town manager put on administrative leave; debates on lodging tax, sign and gun laws

By Chris Jeub

In June, the Monument Town Council debated a lodging tax and sign and gun laws. Town Manager Mike Foreman was placed on administrative leave.

June 12 special meeting: Town manager placed on administrative leave

During a special Town Council meeting on June 12, in an executive session held pursuant to Section 24-6-402 (4)(f) and (4)(b) of the Colorado Revised Statutes (CRS), the council discussed personnel matters involving Town Manager Mike Foreman and sought legal advice on specific legal questions related to these matters. Town Attorney Bob Cole was present during these sessions.

Following the discussions, Councilmember Kenneth Kimple recommended that the town manager be placed on paid administrative leave. In the interim, his responsibilities will be jointly handled by Director of Parks and Community Partnerships Madeline VandenHoek and Police Chief Patrick Regan.

The Town Council has issued a press release regarding this decision, emphasizing that it was made with the community’s best interests in mind. Due to the sensitive nature of personnel matters, specific details have not been disclosed. The press release reads as follows:

“After careful consideration and consultation with legal counsel, the Town Council has decided to place the Town Manager on paid administrative leave effective immediately. We have appointed an interim Town Manager to oversee day-to-day operations during this period. We appreciate your understanding and assure you that this decision was made with the best interests of our community in mind. As this is a personnel matter, we will not be discussing specific details at this time. Thank you.”

New lodging tax ordinance discussed

The Town Council deliberated on June 3 a proposed lodging tax ordinance that would impact short-term rentals (STRs) and other lodging within the town. The proposed tax would increase town taxes by a specific percentage on lodging purchases, effective Jan. 1, 2025. The revenue generated would be retained and spent according to voter-approved guidelines.

Councilmember Steve King voiced concerns about public perception, emphasizing, “I don’t want people to think this is a tax they are paying.” Town Attorney Bob Cole confirmed that the tax includes short-term rentals, prompting King to inquire about the current tracking of STRs. Cole confirmed that no short-term rental regulations exist.

Mayor Mitch LaKind pointed out the discrepancies in STR taxes across different cities, noting, “Denver is 11%, Parker is 3%, Colorado Springs is on the low end at 2%. I think we should be 2%.” He suggested the funds be earmarked for municipal park maintenance rather than the general fund. This proposal sparked a debate. King believed the funds could support general maintenance, while Councilmember Marco Fiorito noted a potential issue: “If they go to only the town’s parks, other municipalities’ parks don’t get the funds.”

Planning Consultant Sophia Hassman identified the main sources of the proposed tax revenue as the town’s single hotel and truck stops. Town Manager Foreman raised logistical concerns, stating, “This takes a lot of administrative work, and 2% will probably not bring in what it takes to pull this off. We suggest 5%.” Mayor LaKind recommended a detailed analysis, saying, “I suggest we figure out how much this will actually bring in; also figure out where the funds will go. We come back in a month to decide.”

The council must finalize the ballot question by Sept. 2 to ensure it can be presented to the voters. The next meeting will likely see further discussions and decisions on the specifics of the lodging tax ordinance, including the proposed percentage and allocation of funds.

Lost Island II Final PUD approved

The council unanimously approved Ordinance No. 12-2024, which allows for the final Planned Unit Development (PUD) of Lost Island II, a family-oriented fun center. The approval followed a public hearing on Resolution No. 31-2024, which also passed unanimously, granting the final plat known as Conexus Filing No. 3, a replat of Conexus Filing No. 2-Lot 4.

Julie Esterl from Baseline presented the ordinance and resolution, with John Olson, the applicant and planner, detailing the project. The property, located on the west side of I-25 between the Interstate and Old Denver Highway, will feature an indoor/outdoor recreation center aimed at family fun. The approved plans for Phase 1 include:

  • Four 18-hole miniature golf courses
  • Indoor playroom with inflatables
  • Ninja gym
  • Party rooms
  • 316-space parking lot

Phase 2, which will be developed later, involves the construction of a water park funded by the revenue from Phase 1.

Councilmember Kimple raised questions about operational hours and lighting, expressing concern about the center’s impact during dark hours and its plans to serve alcohol. Olson confirmed that the center would operate from 10 a.m. to 10 p.m. and assured that the owners are mindful of screening and lighting issues. Julie Esterl added that the lights would be turned off at night.

Willow Springs Ranch Final Plat approved

The council unanimously approved Resolution No. 32-2024, which grants a final plat for Willow Springs Ranch Filing No. 2. Lauren Richardson from Baseline presented the resolution.

The council recommended approving the final plat based on its compliance with the Town of Monument’s Land Development Code Section 18.02.260. The approval includes a condition related to future infrastructure developments. During the design phase of a new school site for Lewis-Palmer School District 38, the access from Forest Lakes Drive to Channel Island Drive will be evaluated. If necessary, this intersection may be converted to a right-in/right-out access. The applicant or Willow Springs Ranch Metropolitan District will be responsible for the cost of any required design and construction improvements.

Councilmember King expressed concerns about the safety of having two roads located just 100 feet apart. He pointed out potential issues with fire escape routes and emphasized that the current plans could pose safety risks. Despite these concerns, the council voted unanimously to approve the resolution.

Council reviews Temporary Sign Code

The council reviewed the Temporary Sign Code, focusing on Chapter 18.06 of the Town’s Municipal Code. The code, presented by Town Planner Dan Ungerleider, aims to regulate the design, construction, and placement of signs to safeguard the health, safety, and welfare of Monument’s residents.

The sign regulations have several key objectives. They aim to promote safety by ensuring signs do not confuse or distract motorists, impair visibility, or interfere with traffic. The code also seeks to ensure efficient communication by preventing an overload of messages, thus reducing sign clutter and enhancing the visual environment. Additionally, it aims to protect property values, foster economic development, and assist in wayfinding. The regulations are designed to be fair and consistent, providing residents with ample opportunities to exercise free speech through signs.

During the discussion, King raised concerns about the legality of the sign ordinance, citing a Supreme Court ruling against similar regulations. He expressed doubts about the flexibility for making adjustments. Kimple questioned the need for the study session, pointing out that the previous board chose not to enforce the sign code. He stressed that this topic should have been addressed earlier.

Mayor LaKind agreed, suggesting that unless there was a public demand for changes to the ordinance, it might be best to leave it unchanged. The meeting concluded without any immediate modifications to the sign code.

Firearm ordinance debated

A contentious debate unfolded around Ordinance No. 14-2024, which addresses the carrying of firearms in public spaces, contrary to state directives.

New state legislation aimed at prohibiting firearms in public areas, originally intended to restrict open carry but not to exclude individuals with proper concealed carry permits. Town Attorney Cole highlighted this distinction, emphasizing that the state’s goal was to prevent individuals from openly displaying firearms in public places.

Kimple voiced preference for the state bill, arguing that it enhances safety by designating public spaces as gun-free zones. “I think this is a good bill coming down from the State Capital,” he said.

In contrast, Police Chief Reagan, King, and LaKind advocated for local autonomy in firearm regulations. Chief Reagan noted that properly permitted citizens pose minimal risk and are not the focus of concern; instead, he emphasized the potential threat posed by criminals.

LaKind raised constitutional concerns, arguing against state overreach. “If we allow the state to do this, it overrides the Constitution,” he asserted, reflecting on the broader implications of state-imposed restrictions.

Councilmember Sana Abbott expressed reservations about allowing firearms in public spaces, questioning the necessity outside of law enforcement. “Why do we need to allow people to come in here with a weapon other than our trained officers?” Abbott queried, reflecting concerns over public safety and comfort.

King countered, highlighting the potential consequences of declaring public spaces as gun-free zones. “If this is a known gun-free zone, that makes us a target,” he cautioned, underscoring the potential unintended consequences of restrictive policies.

Ultimately, after deliberation, the council voted 5-2 in favor of the local ordinance, with Kimple and Abbott dissenting.

Final Plat for Zeal at Jackson Creek approved

Resolution No. 04-2024 was unanimously approved, marking a significant step forward for the Zeal at Jackson Creek development project.

The subject property, located in a Planned Residential District with multi-family zoning, sits adjacent to various residential and mixed-use zones in the area. The finalized plat includes critical updates such as a 30-foot right-of-way dedication along Higby Road, expanding its width from 70 to 100 feet along the property’s northern boundary. Additionally, the plat restructures utility easements to better accommodate buried overhead utilities along Bowstring Road.

Town Planner Dan Ungerleider presenting on behalf of the project confirmed that the revised plat met all town planning and engineering standards, ensuring compliance with Monument’s Development Code. Councilmember Jim Romanello sought reassurance that the resolution addressed concerns previously raised by fellow Councilmembers King and Kimple. Ungerleider affirmed that the revised plat accommodated these concerns, prompting approval from the council. The resolution passed unanimously with a 7-0 vote. Mayor LaKind expressed satisfaction with the decision, remarking, “I am glad to finally get this going!”

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The Monument Town Council usually meets at 6:30 p.m. on the first and third Mondays of each month at Monument Town Hall, 645 Beacon Lite Road. The July 15 meeting has been cancelled. July 2 will be the only meeting in July. Call 719-884-8014 or see www.townofmonument.org for information. To see upcoming agendas and complete board packets or to download audio recordings of past meetings, see http://monumenttownco.minutesondemand.com and click on Town Council.

Chris Jeub can be reached at chrisjeub@ocn.me.

Other Monument Town Council articles

Woodmoor Improvement Association, June 26 – Board reminds residents of $5,000 fine for fireworks

By Jackie Burhans

The Woodmoor Improvement Association (WIA) board met on June 26 to discuss fire safety and hear director reports.

Fire prevention and resident responsibility

With the Fourth of July holiday approaching, many of the discussions at WIA revolved around fire safety. Homeowners Association Administrator Denise Cagliaro sent emails to every registered short-term rental in Woodmoor to remind them that they are responsible for guest behavior and that fireworks are never allowed in Woodmoor. WIA also reached out to its sub-associations to ask that they remind their members.

Director of Public Safety Brad Gleason said an extra duty officer will be available specifically for fireworks patrols and will issue fines of $5,000.

Gleason also noted that open fires are subject to the same fine and that only approved, commercially constructed firepits with spark arresters are allowed. He asked that residents not park cars on the grass, as the heat can spark a fire. Board President Brian Bush encouraged residents to cut down tall grass, which, along with pinecones, increases fire risk.

Board highlights

  • Bush reported that the Northern El Paso County Coalition of Community Organizations (NEPCO) is looking for people to join its board, noting that Director of Forestry Cindy Thrush had agreed to look at the land use position. He suggested that NEPCO should exercise its political clout by testifying in front of state or county political bodies.
  • Bush noted that state laws limit the ability to prohibit home businesses, but the board can regulate those businesses under its covenants, including its nuisance clauses.
  • Bush introduced Director of Covenants Sue Leggiero, who is serving out a vacant term ending in February 2025. Leggiero reported 20 covenant items in May, three of which resulted in violations. The remaining 17 were resolved with a courtesy communication and did not result in a violation.
  • Gleason noted that Woodmoor Public Safety (WPS) had received complaints about solicitors. While WPS cannot prohibit access to public roads, it will respond to complaints about trespassing. Gleason cautioned residents against signing contracts with roofing contractors as they can have expensive cancelation clauses.
  • Director of Architectural Control Ed Miller reported that WIA maintains a 100% approval rate of the 244 projects submitted to date. Seventy-six projects were submitted in May, with 66 approved in the office and 10 approved by the Architectural Control Committee.
  • Director of Commons Area Steve Cutler reported that the Barn sprinkler system was started, and flowers were planted in early May. Working in conjunction with adjacent neighbors, noxious weed spraying in common areas was completed by the end of June, and prairie dog removal is scheduled for early August.
  • The board unanimously approved refinishing the floors in the Barn for a cost not to exceed $8,000, and WPS was directed to track any damage that occurred after Barn rentals.

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The WIA Board of Directors usually meets at 7 p.m. on the fourth Wednesday of each month in the Barn at 1691 Woodmoor Drive, Monument. The next meeting will be on July 24.

The WIA calendar can be found at https://www.woodmoor.org/wia-calendar/. WIA board meeting minutes will be posted at https://www.woodmoor.org/meeting-minutes.

Jackie Burhans can be reached at jackieburhans@ocn.me.

Other WIA articles

El Paso County Planning Commission, June 6 and 20 – Planning commission recommend denial of Monument glamping site expansion

By Helen Walklett

At the El Paso County Planning Commission meeting on June 6, the commissioners heard a request to expand a glamping site near Monument. Also during June, the commissioners heard a final plat application for a Black Forest property.

Monument glamping site expansion

At their June 6 meeting, the commissioners heard a request by owner Chris Jeub for approval of an amendment to an existing special use to allow four extra sites at his glamping business on his 6.44-acre property at Rickenbacker Avenue, west of Interstate 25 and bordering the Town of Monument. The property is zoned RR-5 (rural residential).

Note: Glamping is a term combining “glamor” and “camping,” meaning camping with certain amenities. Jeub is a volunteer for OCN.

The commissioners heard that Jeub successfully applied for a special use permit for the business in 2022 following a 2021 code enforcement complaint that there were multiple structures on the property, besides the primary residence, such as tents and outdoor bathroom facilities. The special use permitted eight tent or yurt sites with four shared bathrooms and was granted administratively (meaning there were no public hearings) after opposition was withdrawn.

The current application follows complaints about a recreational vehicle (RV) and shipping container at the property. Its approval would modify the special use to increase the number of sites to 12 and allow for a variety of hard-sided camping structures to include RVs and shipping containers. Should approval be granted, the next step would see a site development plan submitted for county’s approval.

Ashlyn Mathy, planner II, Planning and Community Development Department, said the modification would permit various structures such as RVs and shipping containers, which are not normally something you would expect to see in a rural residential area. She continued, “The applicant has not identified the number of glamping sites that will utilize specifically shipping containers and RVs. Therefore, it’s going to be a little more difficult to determine the impact to the surrounding neighbors. With the utilization of the shipping containers and recreational vehicles, we do see that it may not be compatible with the surrounding rural residential neighborhood.”

Mathy said 29 neighbors had been notified and opposition received focused on safety and traffic concerns, a lack of compatibility with the surrounding area, and concerns about the applicant continually doing things on the property without approvals from county. Support for the application noted that it would be a boost to tourism and that it would not have a negative effect on the community. Staff had suggested conditions of approval based on the mitigation of negative impacts to neighbors using landscaping, fence buffering, and other measures to reduce visual impacts, noise, and lighting pollution.

Craig Dossey, president, Vertex Consulting Services, representing the applicant, said stays at the site are intended to be temporary, not exceeding 30 days at a time and no more than 90 in total in one year and stated that the Jeubs are very committed to operating a good business. Describing the proposal as a low-impact development, he said, “We think this is a great transition between a pretty urban area in the town, which is frankly a traditional subdivision just to the east, and that more rural area transitioning up to the National Forest.”

Jeub explained, “Container homes do very well as far as the way the market of glamping goes. Glamping changes very quickly as far as structures and how well the structures do in the market of glamping.” He explained that the additional sites would enable him to pay for some of the required improvements and said, “I want to have beautiful structures here. I don’t want to have junky structures and I think the RV is a step up from the tent that we had.” Dossey added, “There needs to be some flexibility because it is such a developing market right now.”

Commissioner Becky Fuller commented that it was not just four more tent sites that were being requested. She said, “I believe when this [the original application] was approved, the neighbors kind of let it go because it was tents.” She said she thought it was very intentional to approve tents and that this application was a different use variance than that which was already approved. She said she could not see the compatibility of short-term, summer camping versus the longer-term nature of hard-sided structures which could be lived in year-round. She also commented on the code violations which resulted in the special use applications, asking, “Why are we doing something and asking for forgiveness?”

Dossey said he felt the tent-only definition was county staff’s “interpretation” of the wording in the original special use. Mathy said, “it is clearly depicted that it’s all tents” and Meggan Herington, executive director, Planning and Community Development, concurred.

Chris Maciejewski, attorney with Robinson and Henry, P.C. and representing several of the neighbors, said, “It’s clear they’re asking for open-ended approval as to what they can do under that special use permit.” The three sites beside Monument Creek must be tents as no permanent development is permitted on the floodplain. Maciejewski said he thought the expectation is that the other nine would be hard-sided structures and commented, “The expansion to hard-sided structures is going to be a significant change from eight approved tent sites.”

Commissioner Eric Moraes said, “This was approved based on tents. Both the executive director and county attorney confirm that and now we are coming to what’s in my mind a drastically different business to be in the neighborhood with hard-sided, large structures.” Commissioner Christopher Whitney said, “I’m going to be opposed because I think it’s completely incompatible. It’s not really a modification of the earlier special usage but a brand-new application in my mind.”

Commissioner Thomas Bailey took a different view, stating, “Portions of the master plan encourage economic development, encourage this kind of thing, and I see it very much as an entrepreneurial use.” Commissioner Sarah Brittain Jack concurred.

The vote was 7-2 to recommend denial of the application. The nay votes were Bailey and Brittain Jack. The application was then heard at the El Paso Board of County Commissioners’ (BOCC) land use meeting on June 27. See BOCC article on page < 1 >.

Vessey Road rezone

At the June 20 meeting, the commissioners heard a final plat application by Pawel Posorski to create two single-family lots of just over 2.5 acres each on a 6.02-acre Vessey Road property, about one-third of a mile east of the intersection of Vessey Road and Holmes Road. The land was rezoned from RR-5 (rural residential) to RR-2.5 (rural residential) in April. See www.ocn.me/v24n5.htm?zoom_highlight=posorski.

The commissioners voted unanimously to recommend the application for approval. It was heard as a consent item, meaning there was no discussion, and is now due to be heard at the BOCC land use meeting on July 25.

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The El Paso County Planning Commission normally meets the first and (as required) the third Thursday of each month at the Regional Development Center, 2880 International Circle, Colo. Springs. Meetings are live-streamed on the El Paso County News and Information Channel at www.elpasoco.com/news-information-channel. Information is available at 719-520-6300 and planningdevelopment.elpasoco.com/planning-community-development/2024-hearings-schedule/.

Helen Walklett can be reached at helenwalklett@ocn.me.

Other El Paso County Planning Commission articles

Monument Planning Commission, June 12 – Monument Planning Commission cancels June 12 meeting

By Janet Sellers

The following notice was posted on June 4 on the agenda page for the Town of Monument Planning Commission:

“The Town of Monument Planning Commission canceled its regular meeting scheduled for June 12, 2024. The Planning Commission’s next regular meeting is scheduled to be held on Wednesday, July 10, at 6 p.m., in the town’s Council Chambers at 645 Beacon Light Road in Monument. Questions regarding this notice may be directed to the Town of Monument Clinic Department or 645 Beacon Light Road Monument Colorado 80132, or call 719-651-5405.”

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The Monument Planning Commission usually meets the second Wednesday of each month. To see the options for remote public participation in each meeting, visit www.townofmonument.org/263/Planning-Commission-Board-of-Adjustment. Info: 719-884-8028 or at www.townofmonument.org.

Janet Sellers can be reached at JanetSellers@ocn.me.

Other Monument Planning Commission articles

Palmer Lake Board of Trustees, May 30, June 13 and 27 – Board approves concealed carry in sensitive spaces

By James Howald and Jackie Burhans

In addition to the two meetings in June, this article also covers the last meeting the Palmer Lake Board of Trustees (PLBOT) held in May, which was held after OCN went to press.

The three meetings addressed topics ranging from gun rights to land use issues. Chairperson Susan Miner updated the board on the work of the Elephant Rock Advisory Committee. The board discussed regulations for farmers markets, peddler’s permits and the process for granting special event permits. The board awarded a contract for water line and roadway improvements at Palmer Lake Elementary School (PLES). The board approved two special events. Town Administrator Dawn Collins gave the board an administrative update at the June 13 and June 27 meetings.

All three meetings included executive sessions.

Board opts out of state law prohibiting guns in sensitive spaces

At its June 27 meeting, Trustee Dennis Stern said he had gone to the Pikes Peak Regional Building Department (PPRBD) advisory committee and learned about a newly passed state law (SB24-131 Prohibiting Carrying Firearms in Sensitive Spaces) that goes into effect July 1. Stern noted that the law has an exception for police and that local governments can enact laws to allow carrying guns in sensitive areas. He said that resolution 37-2024 would allow concealed carry in sensitive areas, such as the Town Hall and administrative offices, in Palmer Lake.

Stern said he believed declaring any building or area a gun-free zone was asking for trouble because criminals don’t follow the law. Mayor Glant Havenar expressed frustration about rules being passed at the state level that were against the Colorado Constitution and that inhibited a local municipality’s way of life. She noted that she had a concealed carry permit and that as of July 1, she would no longer be able to walk into the Palmer Lake Town Hall or the administrative building with a gun in her purse. Havenar expressed support for the resolution, saying that if Palmer Lake didn’t stand up, no one else would. Trustee Nick Ehrhardt said emotions can rise in sensitive areas, and he has seen the consequences. He said he wanted to create a better world for his kids and grandkids and applauded the state’s efforts.

The board passed the resolution with a vote of four to one with Ehrhardt voting no and Trustees Kevin Dreher, Jessica Farr and Stern, as well as Havenar, voting in favor. Trustees Shana Ball and Samantha Padgett were excused from the meeting and did not vote.

Land use issues

At the May 30 meeting, the board held a public hearing on a request from Randy Allgood to replat his property at 95 Greeley Blvd. and a request from Ethel Engel to replat her property at 278 Lower Glenway St.

Allgood said his plan was to build four houses on the property, and the replat would change some easements to accommodate a shared access point for the four homes.

Jim Brinkman, a surveyor with Crossed Paths representing Engel, said there was a 7-foot discrepancy between surveys concerning the location of a right of way. The replat request used a survey originally done by Tim Wagner. Town Attorney Scott Krob said the replat could be granted and the discrepancy could be resolved later.

There were no comments from the public on either request, and the public hearing was closed.

The board voted unanimously to approve resolutions granting the requested replats.

At the May 30 meeting, the board considered Resolution 30-2024, which extends a temporary conditional use permit previously granted to Bruno Furrer and Loren Burlage for their property at 773 South Highway 105, which is used for the outdoor storage of hay. Two businesses, Diacut and HayCo, share the property. The resolution notes that Furrer and Burlage requested conditional use permits in 2022 and 2023 and specifies that all vehicles and equipment on the property must be screened from view from Highway 105 by July 1. The resolution also requires Furrer and Burlage to apply for a permanent conditional use permit that addresses screening by May 31, 2025 or cease use of the property. The board referred the issue to the Palmer Lake Planning Commission to clarify the dimensions of the fences needed to properly screen the equipment on the property.

At the June 27 meeting, Resolution 34-2024 to extend the temporary conditional use to Furrer and Burlage for 12 months with a deadline of Aug. 1 to complete the green privacy screening condition of 36 feet wide by 5.5 feet high as imposed by the Planning Commission was passed unanimously.

At the June 27 meeting, the board also passed Resolution 32-2024 to approve a lot line adjustment on Meadow Lane. At the public hearing, it was noted that the adjusted lot line would protect access to a new trail at Elephant Rock. The board voted unanimously to allow the adjustment. Erhardt recused himself from the hearing and the vote because his father, Kurt Ehrhardt, is the home builder.

Elephant Rock property

At the May 30 meeting, Miner told the board that the Elephant Rock property site planning subcommittee’s work was complete. The Arts Council subcommittee was working on an automated walk-through of the property, and the Parks subcommittee had completed about a third of its work. She said the Arts Council is working on the idea of a cultural district, which would open up funding opportunities. The Palmer Lake Economic Development Group is working on determining comparable sales. A recreation center is being considered, Miner said.

In terms of funding, Miner said opportunities from the state were being researched and sponsorships were being sought. Risk assessment was being considered for each of the options the committee was bringing to the board. Miner said an appraisal was needed.

At the June 13 meeting, Miner said the committee was preparing a final presentation for the board. She asked that a workshop be scheduled to present the plan so that the presentation would not be rushed by the need to consider other agenda items.

At the June 27 meeting, Collins told the board that a workshop had been scheduled for Wednesday, July 10 at 5 p.m. at the Town Hall for the Elephant Rock Advisory Committee to present its final plan to the board. Dreher, Farr, and Havenar were disappointed they would not receive a copy of the plan before the workshop so they could be prepared with questions.

Regulation for farmers markets takes shape

At the May 30 meeting, Collins told the board that town staff had received inquiries about a farmers market within town boundaries. She presented a draft of regulations that could be added to the municipal code. The draft requires the manager of the farmers market to obtain a license from town staff and to assume responsibility for all the vendors. The draft defines what can and cannot be sold at a farmers market: produce, handmade food and beverages, meat, honey and other handmade items are allowed; tobacco, firearms and electronics are prohibited. The draft requires the markets to be held on public property, but consensus of the board was that private property should be allowed.

Collins said she would re-draft the language based on the board’s discussion.

At the June 13 meeting, Collins presented an updated version of the code that included a $100 fee to be paid by the market’s manager, said licenses for vendors or peddlers would be handled separately, and markets are prohibited on residential properties.

At the June 27 meeting, Collins presented Ordinance 6-2024 Relating to Farmers Markets, which incorporated the board’s discussion, added enforcement language, and allows public or commercial properties to host the markets. The board voted unanimously in favor.

Peddler’s permits required

Related to its discussion of farmers markets, the board discussed permits for vendors and peddlers at its May 30, June 13, and June 27 meetings.

At the May 30 meeting, Collins suggested language that would exempt a peddler with an existing business license granted by the town from needing an additional peddler’s permit for special events and farmers markets. The draft specifies that a background check of applicants will be conducted by the town. The board directed Collins to refine the language, focusing on a streamlined process that would result in a permit good for one year.

Amended language was presented by Collins at the June 13 meeting that incorporated the one-year term for the license based on the calendar year.

On June 27, Collins reported that staff had reviewed peddler permit regulations at six municipalities including the town of Monument. Fees averaged $25, she said, and were meant to cover administrative costs. Some towns do a high-level background check looking for felony offenses or an outstanding warrant related to the proposed activity. Farr asked if a background check also was required for a business license and whether the peddler or business signed an agreement to the background check. Collins said she did not see that question on the application, and Krob said he didn’t know that it was required, but he advised it to be added.

Krob noted that peddler’s permits had been around for a long time and originally applied to people coming from out of the area and soliciting from door to door. Havenar asked if a peddler might be a felon who had served their time and turned things around and wanted to be in a farmers market; she said she was told that every vendor at the Wine Festival she owns had to get a background check even if they had done so previously. She asked if it was imperative that the town go through a one-hour process for every vendor. Collins explained that the code had been changed to require the background check only once per calendar year and that the background check itself only took five minutes of the one-hour processing time.

Farr said that the town couldn’t control everything and expressed concern about the time involved. Police officer Gene Ramirez spoke in defense of the background check, noting that someone could have a child-related issue or be prohibited from being around at-risk people, and the town could not know that even if the person seemed nice. He advocated for background checks and said that the police chief would as well.

Erhardt said business owners must follow rules and that it’s a level of protection he hopes is covered by the fee. Trustees Dreher and Stern agreed with Erhardt. Collins asked for direction, noting that there was a draft ordinance. Erhardt said the town should have some discretion on what would disqualify someone to avoid penalizing someone who was getting their life together.

The board did not vote on the proposed language at the June 27 meeting.

Special event permit process simplified

At the May 30 meeting, Collins noted that the town’s municipal code does not address special events. She presented language for the board to consider that requires special events to obtain a permit and defines criteria for denial, such as misinformation in the application, a conflict with a previously permitted event, or threat to public safety.

The language was reviewed at the June 13 meeting, and Collins suggested smaller events be approved by staff, without taking time from the board.

At the June 27 meeting, the board voted unanimously in favor of Ordinance 5-2024 Relating to Special Events, which lays out the process allowing for administrative approval of minor or recurring events while bringing large or new events to the board. All events would be announced at the board meeting, added to the calendar on the website, and announced on the town sign.

Roadway improvements at PLES

At the June 27 meeting, the board approved Resolution 35-2024, which awards the contract to West Fork Construction for PLES water line and roadway improvements on a vote of 4-1. As explained by Mark Morton of GMS Inc. Consulting Engineers, the costs were increased by $430,516 to cover an increase in scope, adding a water system, drainage system, and road surface improvements. The total award was $1.32 million, with the project cost including a 10% contingency. Farr voted no. Dreher, Erhardt, Havenar and Stern voted in favor.

Special events approved

Chris Medina requested a special event permit for a Funky Little Theater Company performance of The Last Train to Nibroc. The play will be staged at times to be determined between Aug. 2 and 17. Medina told the board he would like to have a long-term memorandum of understanding allowing the theater company to use the Palmer Lake Town Hall on an ongoing basis. At the June 27 meeting, the board passed Resolution 36-2024, which approves a memo of understanding with the theater company regarding its use of town facilities.

Amy Hutson, representing the Arts Council, asked the board to approve a special event permit for a Chautauqua event to be held between July 29 and Aug. 4. Classes, musical performances, films, cooking demonstrations and lectures will be part of the event. The board voted unanimously in favor of the permit.

Administrative updates

Collins told the board that the town’s website was being upgraded to comply with the Americans with Disabilities Act. Most changes would not be visible to users, she said. The CORE EV chargers will be completed the last week of June, she said, with a ribbon cutting planned after July 4. Concrete for the pickle ball courts being built on the west side of the Palmer Lake Regional Recreation Center has been poured and town staff is working on the permits for toilets near the courts.

Collins reported that tax revenue was above budget. The audit by the town’s insurer, Colorado Intergovernmental Risk Sharing Agency, is complete and the town’s deductible will increase from $2,500 to $5,000 due to the amount of hail and wind damage to town buildings.

Executive sessions

The May 30 meeting ended with an executive session to discuss the possible sales of public property and to consider negotiating positions. Following the executive session, the board reconvened to open session and passed Resolution 31-2024 that authorizes the mayor to sign a purchase and sales agreement.

The June 13 meeting began with an executive session to discuss the possible acquisition of an interest in real property and to discuss security to be provided by the Police Department and the possible hiring of a police chief.

The June 27 meeting ended with an executive session to discuss negotiating strategies and a possible annexation. No action was taken following the executive session.

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The next regular board meetings are scheduled for July 11 and 25. All meetings will be held at the Town Hall. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Meetings are typically held on the second and fourth Thursdays of the month at the Town Hall. Information: 719-481-2953.

James Howald can be reached at jameshowald@ocn.me.

Jackie Burhans can be reached at jackieburhans@ocn.me.

Other Palmer Lake Board of Trustees articles