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OCN > 2311 > Palmer Lake Board of Trustees, Oct. 12 and 26 – Use of undeveloped rights of way debated

Palmer Lake Board of Trustees, Oct. 12 and 26 – Use of undeveloped rights of way debated

By James Howald and Jackie Burhans

In October, at two board meetings, the Palmer Lake Board of Trustees continued a discussion of how to manage undeveloped rights of way (ROWs) that arose from its discussion in previous meetings of how to regulate use of recreational vehicles (RV) on private property. It continued its work on amending the town’s sign code and considered a study of Stormwater Enterprise Fund rates. Town Administrator Dawn Collins distributed a draft budget for 2024 and the board set a schedule for a public hearing and approval.

Three public hearings were held, each ending in a vote on a resolution. The board heard a petition for annexation from the United Congregational Church and granted three special event permits. The board heard a request to install an electrical vehicle charger on town property and comments from a resident regarding its accounting practices.

The Oct. 12 and Oct. 26 meetings were preceded by executive sessions, which were concluded after the regular meeting.

At the Oct. 26 meeting, the Pledge of Allegiance was led by Sarah “Buddy” Caldwell, who recently moved into Hilltop Ranch, a community living facility for disabled adults.

Use of undeveloped ROWs means risk for town

The board’s discussion in previous months of how to regulate the use of RVs on private property revealed a related problem: often undeveloped ROWs that belong to the town are used to move RVs to private property. Attorney Matthew Krob pointed out that this use of undeveloped ROWs can make the town liable should an accident occur. He asked the board to consider this risk before reaching a decision on the RV issue.

At the Oct. 12 meeting, Krob reminded the board that it has the authority and the responsibility to regulate undeveloped ROWs and that the board previously adopted the El Paso County road standards in 2021. Residents using a town ROW that have built a road or driveway to standard don’t present a problem, he said, but the town is liable when residents using an undeveloped ROW have not followed the road standards. When the town knows a resident is using an undeveloped ROW, the risk is even higher, he said.

Mayor Glant Havenar said requiring residents to abide by the road standards felt like over-governance. She argued Palmer Lake is unique and the road standards the town adopted might not be a good fit.

Krob pointed out that the standards allow for a range of road types, from simple gravel roads to more complex roads made from durable materials, with curbs and gutters. He suggested a review of the issue by the town’s engineering consultants.

Trustee Shana Ball raised the issue of driveway agreements, contracts between residents and the town that allow the use of town ROWs to access private property but make the resident liable. The agreements need to be renewed every year. Collins said the town had a good number of these agreements in place, but some are no longer valid because they have not been renewed. Krob said the legal counsel for the Colorado Intergovernmental Risk Sharing Agency (CIRSA), which insures the town, advises against the use of driveway agreements. Krob said the town should be moving away from driveway agreements.

Krob said the town needed to put the burden of compliance with standards on the developers of the property. Failure to do this puts the town at risk, he said.

In response to a question from Ball, Fire Chief John Vincent explained that the Fire Department also set standards for roads, requiring them to provide access for emergency vehicles at all times.

The board agreed to continue the ROW discussion at its next meeting.

At the Oct. 26 meeting, Collins emphasized the difficulty of conducting town business without clear standards in place.

Mark Morton, senior engineer at GMS Inc., explained the range of road types covered by the town’s adopted standards. He pointed out that the number of daily trips on the road determined which standard would apply.

Krob repeated that the town should move away from driveway agreements and should adhere to standards to avoid being sued. He explained that if the town made an exception in one case, all future developers could demand the same exception for their project. Owners using undeveloped ROWs should be required to comply with the standards, he said.

Collins said the board should address this issue consistently going forward rather than trying to remedy every current situation.

The board took no specific action following the discussion.

Sign code discussed; moratorium extended

At the Oct. 12 meeting, Havenar said she was uncomfortable with the exceptions proposed during the previous discussion of the sign code and concerned about which signs would be grandfathered in.

Krob said the staff needed direction on how to handle new signs, old signs that were never legal, and old signs that were legal at one time but don’t comply with the new sign code. If the board could clarify the issues, he would write their ideas into the code, he said.

Ball asked why this was before the board and not a matter for the Planning Commission. Krob said the Planning Commission gets its authority from the board.

Havenar said she had gotten complaints about the proposed sign code from businesses who felt the code made it difficult to do business in the town.

Krob agreed the discussion so far was causing concern among business owners. He added his sense was the board wanted the code to allow existing signs to remain unchanged, but he argued signs that were never legal should be required to comply with the new code. The board has policing power over signs, he said, and can demand signs comply or be removed. Sign compliance could be made a requirement to get a business license. Krob said the board needed to specify the maximum size for signs. He emphasized that sign content can’t be regulated.

Krob said he would continue to work on the sign code and recommended that the moratorium on new signs be extended.

At the Oct. 26 meeting, the board voted unanimously to extend the moratorium on new signs for six months.

Study of Stormwater Enterprise Fund proposed

Morton presented a proposal for a study to determine appropriate rates for a Stormwater Enterprise Fund to the board. The proposal specifies that GMS Engineering Inc. would review the town’s financial records relating to stormwater, as well as operating and maintenance costs for proper stormwater management, and would propose fees to support stormwater management that complies with state law. The study would cost $18,500, Morton said, would be completed within 120 days, and would include recommendations for establishing, operating, and billing for a Stormwater Enterprise Fund.

Trustee Dennis Stern asked if there was money in the budget for the study. Collins said the board has prioritized infrastructure issues, and the funds needed for the study were available. She said the current discussion was a chance to ask questions, and a resolution to approve the study would be brought to the board at a future meeting.

Resident Roger Mosely argued against the need for a stormwater enterprise fund, claiming it was an indirect way to get money for roads. He said drainage issues affected only hillside neighborhoods, his neighborhood did not have drainage issues and he should not be required to pay for problems related to stormwater.

Resident Marty Brodzik commented that it was impossible to remediate stormwater drainage problems in The Glen, as the streets had no room for culverts.

Morton pointed out that discharge of stormwater is regulated by the state, and the town will be fined if it does not comply with stormwater discharge regulations. Havenar said the town would not be able to obtain loans or grants unless a Stormwater Enterprise Fund is in place. Trustee Nick Ehrhardt said the entire town, not just the hillside neighborhoods, was responsible for proper management of stormwater.

The board took no action following the discussion on the expectation that a resolution would be brought back to them at a future meeting.

Draft of 2024 budget presented

At the Oct. 12 meeting, Collins distributed a draft of the town’s budget for 2024. The board voted to hold a public hearing on the budget at the Nov. 6 board meeting.

Public hearings and resolutions

At the Oct. 26 meeting, three public hearings were held.

A public hearing was held regarding Creighton Smith’s application for a conditional use permit to open a motorcycle maintenance business at 84 Highway 105. At the hearing, Ball raised issues about fuel storage, fumes, and proximity to a restaurant and residences. Smith said very little fuel would be stored on site and fans would be used to mitigate fumes.

Terri Hayes, president of the Tri-Lakes Chamber of Commerce, spoke in support of Smith’s application, arguing that the town needed tax revenue and should be willing to accept change.

Following the hearing, the board voted unanimously in favor of Resolution 69-2023, which approves Smith’s conditional use permit.

A second public hearing was held regarding James Wilson’s request to move an interior lot line on his property at 84 Highway 105, known as Wilson’s Corner. There were no questions from staff or the public at the hearing and the board voted unanimously to approve Resolution 70-2-23, authorizing the change to the lot line.

A third hearing was held regarding Maria Duran’s request to vacate and replat a property at the intersection of Buena Vista and Rosita Avenues. Collins said the staff supported the request and the board voted to approve Resolution 71-2023, granting Duran’s request.

Petition for annexation considered

Collins told the board that the United Congregational Church, at 3295 Palmer Divide Rd., has petitioned for annexation into the town. She said staff would bring back a resolution to approve the annexation at a future meeting.

Brodzik told the board that she opposed the church being annexed without relinquishing its water rights to the town. She asked that the church be required to commit to no future development on its property.

Krob said the details of the annexation would be worked out later in the process when there is a zoning request.

Special event permits granted

The board approved special event permits for three events:

  • The Funky Little Theater production of The Stinky Cheese Man, Saturday, Nov. 11 at 10 a.m. at the Town Hall.
  • The Second Annual Town Christmas Tree Lighting, Saturday, Dec. 2 at 5 p.m. at the Village Green next to the Town Hall. Santa Claus and his wife will attend, cocoa will be served, and there will be an ugly sweater contest.
  • A Christmas Musical Review, Friday, Dec. 15 at 7 p.m. and Saturday Dec. 16 at 2 p.m. at the Town Hall. The event will be put on by the Arts Council.

Electric vehicle charger proposed

Collins told the board that CORE Electric Cooperative had proposed the installation of an electric vehicle charging station on town property, with the location to be determined. The consensus of the board was to continue the discussion with CORE, but to clarify if the town would receive revenue from the charger.

Accounting practices questioned

Brodzik asked the board to explain why entries regarding water loan reserves and American Recovery Plan Act funds were in different locations in the town’s financial reports. Collins explained some items were moved to the cash position portion of the financial reports as part of the town’s cleanup of its financial reporting. Brodzik claimed the board is covering up serious errors in the past and pointed to voided checks as an example. Collins said that in the past there was no policy regarding voided and re-issued checks, but now the town has a register of voided checks. Collins offered to report on checks voided in 2022 if the board requested it.

Executive sessions

The Oct. 12 meeting was preceded by an executive session to discuss the potential sale of public property and to receive legal advice concerning a Police Department complaint.

The Oct. 26 meeting was preceded by an executive session to discuss the potential sale of public property and to receive legal advice concerning a Police Department complaint and a human resources complaint.

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The next board meeting is scheduled for Nov. 9. The board will meet only once in November to accommodate the Thanksgiving holiday. 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.

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