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Palmer Lake Board of Trustees, April 3, 11, 25 – Elephant Rock advisory committee formed

By James Howald and Jackie Burhans

In April, the Palmer Lake Board of Trustees (PLBOT) continued its long-running effort to plan the future of the Elephant Rock property, which was donated to the town by the Living Word Church in 2021, by forming an advisory committee to organize suggestions from citizens and to advise the board on the property’s future use.

The board addressed several land use issues and considered two issues related to signs. Fire Chief John Vincent reported to the board on his plans to make Palmer Lake a fire-adapted community. The board granted four special event permits. Trustee Dennis Sterns announced that he was donating his time to act as the general contractor for the Tri-Lakes Center for the Arts (TLCA).

The April 11 meeting was followed by an executive session and the Apr. 25 meeting was preceded by an executive session.

Elephant Rock committee will only advise, board will decide

On April 3, Mayor Glant Havenar opened a workshop meeting attended by members of the Palmer Lake Planning Commission and the Board of Trustees by observing the Elephant Rock property had become a burden on the town due to contention about its future uses. She said the proposal from Franco Pisani, of Paravicini’s Italian Bistro, to use a portion of the property as a wedding venue was “unclear.”

At the workshop, Planning Commissioner Susan Miner suggested the creation of an Elephant Rock Advisory Committee, which she offered to chair. The committee would focus on a masterplan for the property, she said.

At its meeting on April 11, the board considered Resolution 25-2024, which establishes a temporary advisory committee with representatives from the Planning Commission, the Parks and Trail Commission (PTC), a local nonprofit and the community at large. The resolution calls for seven members on the committee, but that number was later revised to ten members. The resolution passed with Havenar, Trustees Kevin Dreher, Nick Erhard and Dennis Stern voting in favor, Trustee Jessica Farr voted no. Trustees Shana Ball and Samantha Padgett were excused from the meeting.

At the April 25 board meeting, Miner gave the board an update on the advisory committee’s progress. The committee held its first meeting on April 22 and began reviewing all the suggestions received from citizens in the last three years. The committee will consider the compatibility of each suggestion with all the others and will score each idea against a mission statement for the property. All suggestions will be considered, she said, and the committee has trail plans from the PTC. Miner emphasized that the committee’s role was only advisory, and board would make all decisions. She said the committee would complete its work in 90 days and she would give the board an update at each of its scheduled board meetings.

The advisory committee scheduled a meeting for Monday, April 29 at 5 p.m. at the Palmer Lake Town Hall.

Land use decisions

Ordinance 4-2023 was considered at the April 11 meeting. Town Attorney Scott Krob said that the town’s municipal code did not address the procedure and criteria for the annexation of land. Krob advised the approval of the ordinance, which would add language to the code to clarify the conditions under which land could be annexed into the town. He said annexation is a matter of negotiation between the town and the property owner and the town’s masterplan should be considered in that negotiation but was not binding. The board voted unanimously in favor of adopting the ordinance.

At the same meeting, the board voted unanimously in favor of Resolution 24-2024, which establishes checklists written by Town Administrator Dawn Collins to guide land use applications through the approval process.

The board debated modifying the definition of R4 zoning to allow the use of septic systems for multi-family residences. The question of septic use arose in response to a request from Rebecca Allbright and Philip Tedeschi to develop a “pocket neighborhood” adjacent to Ben Lomand Mountain. The proposed development is east of the railroad tracks in a location where the Palmer Lake Sewer Department can’t provide service. The board asked town staff to work with the Planning Commission to determine if septic systems could handle multi-family residences.

Sign policy discussed

At its April 11 meeting, the board tabled a request from Brenda Woodward, owner of Alpine Essentials, to place a sign advertising her business in a town easement. Woodward explained that she had asked to place her sign on the property of another business, as the board had previously suggested she do, but had been denied.

At the same meeting, the board asked the town staff to collect examples of wayfaring signs used by other towns and bring them to the April 25 meeting for the board to consider. Wayfaring signs direct visitors and tourists to parks, schools, public buildings, parking, and businesses. Staff collected examples from Estes Park, Alamosa, Parker, Monument, and several other towns.

The board did not choose a specific design but agreed that signs should be placed by Highway 105 at the north and south boundaries of the town. Ball and Havenar suggested that businesses should contribute to the cost of the signs.

Fire chief envisions wildfire resilience

Vincent said his goal was to lower the risk of wildfire to the town. Doing so would lower insurance costs for residents, he said. Vincent said fire was a given and his intention was to have a grass fire not a forest fire. He presented a seven-point plan:

  • Establish slash drop-off points.
  • Mitigate wildland fuel.
  • Adequately staff Fire Department.
  • Become a fire-adapted community.
  • Reduce insurance rates.
  • Properly dispose of biomass by burning it safely.
  • Engage with state government in Denver.

He discussed reducing fuel by encouraging homeowners to collect slash on their properties and participate in the town’s chipping program. Vincent said the town needed a more capable chipper and needed to identify a location where the chips could be accumulated and then burned. He suggested moving chipped fuel either to the Elephant Rock property or the dirt bike track north of the lake. The consensus of the board was that the Elephant Rock property was not a good location.

At the April 25 meeting, Ball discussed her efforts to locate a grant to help with purchasing a higher-capacity chipper. She said the grant she was pursuing required a documented plan for the chopper debris.

The board did not take any action following the discussion.

Special event permits

The board granted four special event permits:

  • Ducks Unlimited Dash Run, to be held on Sunday, June 9, on the east side of the Palmer Lake Recreation Area. Runners will check in at the pavilion starting at 7:30 a.m. A 5K and a 10K race will begin at 8:30 a.m. on the Santa Fe Trail. Ducks Unlimited raises money to preserve wetlands.
  • 24 Hour Run, hosted by Stride Events LLC, to be held Friday, Sept. 27 through Sunday, Sept. 29. Lance Pierce said $5 of every entrance fee would be donated to Palmer Lakes Parks and Trail Commission.
  • Cinco de Mayo Dinner Service, hosted by Joy on the Rock Church on Saturday, May 4 at the Town Hall. The event will include a worship service with music. Dinner will be served at 5 p.m.
  • Palmer Lake Wine Festival, to be held Saturday, Sep 14, at the Palmer Lake Recreation Area. The event will raise funds for Tri-Lakes Cares.

Stern to assist TLCA

In response to a question from a resident concerning TLCA’s temporary Certificate of Occupancy, Stern announced that he had been retained by TLCA as a general contractor to address the changes to the building required by the Pikes Peak Regional Building Department. Stern said he had been advised this was not a conflict of interest since he was donating his time to the TLCA.

Executive sessions

The April 11 meeting was followed by an executive session to discuss negotiating positions on a possible sale of town property.

The April 25 meeting was preceded by an executive session on the same topic. No actions were taken following either executive session.

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The next regular board meetings are scheduled for May 9 and 23. 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 articles

Palmer Lake Board of Trustees, March 28 – Restoration of Elephant Rock cabins proposed

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) cancelled its March 4 meeting due to snow but convened on March 28 to hear a proposal from Lindsay and Richard Willan to restore six cabins and the long house at the Elephant Rock property. Town Attorney Scott Krob told the board that the application for annexation of the Ben Lomand property had been withdrawn. The board held a public hearing on a conditional use permit for a multi-family residential development in a C1 zone, followed by a vote on a resolution to grant the permit. It heard a request from Nikki McDonald to transfer a water tap from a property on Greeley Avenue to another property she owns. The board heard reports from Town Administrator Dawn Collins and Fire Chief John Vincent.

The March 28 meeting was preceded by an executive session.

Cabins could be asset to town, Willans claim

Lindsay and Richard Willan asked the board to reconsider its unanimous vote in 2023 to demolish six cabins and a larger structure called the “long house” at the Elephant Rock property. They proposed renovating the structures and using them as short-term residences for visitors to the spa they are planning to build at the property. They said the renovated cabins might also serve as office space, a yoga studio, an artist’s studio, or an art gallery.

The Willans showed the board a site map indicating the cabins and long house are outside the floodplain. They also presented a report from Darrell Yee, a consulting engineer, verifying the roof and walls of the structures were sound. The insurance policy the Willans have obtained for their spa can be expanded to include the cabins, they said. RE/MAX Properties was interested in providing long-term property management services.

The cabins and long house in their current state are worth $735,000, the Willans said, but after renovation would be worth $1.85 million. Under the Willans’ proposal, they would pay to renovate the structures, but the town would retain ownership. The Willans presented letters from Tri-Lakes Collaborative Counseling and from Smokebrush Foundation for the Arts indicating those organizations might finance some of the renovation work. Resident Cindy Powell said she was working on grants to finance the renovations and an “Adopt-a-Cabin” plan. Caryn Switey of the Wonders of Nature Forest School said the school was interested in providing funding if they could recoup their investment by receiving free use of a cabin until they had recovered their costs.

The Willans estimated their proposal would generate $60,000 annual profit to the town. They projected a total benefit to the town of $1.31 million when the increase in value after renovation is considered. Lindsay Willan estimated the renovation would take three years.

Following the Willans’ presentation, Mayor Glant Havenar said she was concerned the property might become a residential development in the future. She said it might be as long as six years before the town sees any financial benefit. Richard Willan said residential development at Elephant Rock could not happen without the consent of the board. Trustee Shana Ball argued that the current board can’t control future boards. Powell said the Willans’ proposal would save the town the cost of asbestos abatement and landscaping that would follow demolition of the cabins.

Town Administrator Dawn Collins said the Elephant Rock property is a planned unit development, which means the town has more control over the development process.

The board returned to their discussion of the Willans’ proposal later in the meeting as a separate agenda item. Ball said she likes the ideas the Willans presented. Trustee Kevin Dreher reminded the board it has voted three times to demolish the cabins. He said the Willans’ plan was not in the best interest of the town. Trustee Dennis Stern said he was optimistic but wanted to lock down the details of management.

Reid Wiecks, chair of the Parks and Trails Commission, echoed Dreher’s comments. He said if the cabins and long house were demolished the property would be unique in northern El Paso County. He argued using the property as a “passive park” would raise property values and increase property tax revenue received by the town. Wiecks characterized the Willans’ proposal as a seven-home residential development and argued the buildings were not historical, were likely built in the 1970s and therefore not eligible for grants to preserve historical buildings. He expressed concern that the Willans’ plan might conflict with the trail that has been proposed for the property and has been partially built.

Trustee Nick Ehrhardt said he had voted to demolish the cabins because there was no alternative proposal and if the Willans’ plan doesn’t work out, the town could still demolish the buildings because the town would own them. He liked the fact that the town is not responsible for management.

Collins said there was no overall plan for the Elephant Rock property and mentioned that using a portion of the site for a public safety building to house the Police and Fire Departments had been discussed in the past. She called for a meeting that would include all interested departments to work out a plan for the entire property.

Havenar said Trustees Jessica Farr and Samantha Padgett were excused from the meeting and she was reluctant to decide without their input. She felt the finances were not clear, and the proposal would mean a lot of work for town staff. She lamented the fact that the Elephant Rock property had become a burden and a cause for contention.

The discussion ended with the board deciding to hold a meeting with all stakeholders, including the board, the Parks and Trails Commission, the Planning Commission, and the Police and Fire Departments to build a consensus for how to develop the property.

Application for Ben Lomand annexation withdrawn

Attorney Scott Krob told the board that the United Congregational Church had withdrawn its application for the annexation of its Ben Lomand property. The board had suggested some changes to the annexation agreement that the church had submitted, but the church would not consider any changes to the agreement. The church’s attorney sent the town a letter indicating that if the town did not accept the original annexation agreement the church would withdraw its application, Krob said. The board was polled electronically and decided not to hold a special meeting to further discuss the application. On March 14 the church formally withdrew its application, Krob said.

Havenar said the board did not agree with the annexation proposal’s plans for the top of Ben Lomand mountain, the requirement that the town take responsibility for County Line Road, and the stipulation that the church would not need to manage changes through the town’s Planning Commission. The original agreement was not in the best interest of the town, she said.

“Pocket neighborhood” requires conditional use permit

A public hearing was held to consider a request from Rebecca Albright and Philip Tedeschi for a conditional use permit that would allow them to move forward with the development of detached single-family residences and duplex units between Clarence Street and Spruce Avenue, adjacent to Ben Lomand mountain. There would be a total of nine residences, Albright said, perhaps three single-family residences and three duplexes or five single-family residences and two duplexes. The “pocket neighborhood” would consist of smaller, affordable, attainable housing located around a common open space, Albright explained. The plan calls for the residences and duplexes to use septic systems since the town does not provide sewer service to the property, but the town’s municipal code does not permit multi-family residences to use septic systems.

Albright said the property is currently zoned C1 (general business and commercial zoning), but single- and multi-family residences are a conditional use of property zoned C1. She asked the board to grant a conditional use permit and to consider changing its water tap fees to help make the residences affordable. Collins said the town’s code would need to be amended to allow multi-family residences such as duplexes to use septic systems.

Krob said the resolution that would grant the conditional use permit would only take effect if the town amends by Aug. 1 its code to allow the use of septic systems for multi-family residences. The town would not change the code without parameters set by the town’s engineer to govern septic systems for multi-family residences.

The public hearing was closed, and the board voted in favor of Resolution 21-2024.

Water tap transferred

Havenar told the board that Nikki McDonald and John Cressman, both of whom had served as mayor of Palmer Lake, had recently sold a property on Greeley Avenue. Havenar was the real estate agent who handled the sale. Four water taps were associated with the property, but the buyer only wanted to build three houses, leaving one of the taps available, Havenar said. McDonald had paid the monthly charge for the tap and would like to retain ownership of the tap and transfer it to another property she owns, Havenar said.

The board packet noted that water taps can’t be transferred according to the town’s code.

The board voted unanimously to allow McDonald to transfer the tap to another property.

Administrative and Fire Department reports

In her administrative report, Collins told the board public works equipment operator Blake Bloom would start this week. An accounting clerk would start on April 8. Collins said there were no applicants for the supervisor position in the Public Works Department, so she had initiated some recruiting assistance to hire someone on a temporary basis. Unused wages would cover the recruiting costs, she said.

Collins commended police officer Adam Lundy for accepting the position of interim police chief following the resignation of Jason Vanderpool. She also congratulated officer Eugene Ramirez on his promotion to corporal. In April, a consultant would be brought in to review the Police Department and make policy and structure recommendations.

Lundy said there were lots of things in motion in the Police Department and he was glad to have the support of the town to get through the changes.

Fire Chief John Vincent told the board that the Tri-Lakes Center for the Arts had obtained a temporary certificate of occupancy, allowing the building to be open to the public. He said training on operating the department’s woodchipper was underway. He discussed how controlled burns can be used to reduce fire danger and mentioned a controlled burn near the Shiloh Pines neighborhood planned by the Forest Service that would take place over several days beginning in late May.

Vincent mentioned he had found a vehicle to replace the department’s Chevrolet Suburban after a search that began in October. He asked the board for authorization to purchase the replace vehicle for $35,000; the board authorized him to proceed with the purchase.

Executive session

The March 28 meeting was preceded by an executive session to discuss negotiating positions on a possible sale of town property and to receive legal advice concerning the separation of former Police Chief Jason Vanderpool.

No actions were taken following the executive session.

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The next regular board meetings are scheduled for April 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 articles

Palmer Lake Board of Trustees, Feb. 8 and 22 – Ben Lomand property eligible for annexation; stance on migrants debated

By James Howald and Jackie Burhans

At its meeting on Feb. 22, the Palmer Lake Board of Trustees (PLBOT) held a public hearing to decide if the property owned by the United Congregational Church was eligible for annexation by the town. Mayor Glant Havenar asked the board to approve a resolution declaring Palmer Lake to be a “non-sanctuary” town; she also asked it to authorize her to sign a letter drafted by leaders in surrounding towns to the El Paso Board of County Commissioners.

The PLBOT board considered updates to the town’s land use code. The lease agreement between EcoSpa LLC and the town was amended. The board held a workshop on its master fee schedule and voted to approve a new version of it. The location of the proposed pickleball courts was changed so that they would not be built over a water line. Finally, the board approved two special use permits.

Both meetings ended with executive sessions.

Property meets eligibility requirements

Havenar opened the public hearing on the eligibility of the Ben Lomand property for annexation into the town by saying the attendees were neighbors and by requesting they speak kindly. She and Town Attorney Scotty Krob said the sole topic of the hearing was whether the property was eligible for annexation and that all other issues would be handled later in the development process.

Dan Madison, a civil engineer representing the church, said the town had written an annexation impact report for El Paso County as required by the annexation process. The primary criterion for eligibility was one-sixth of the boundary of the property being contiguous with the town. Madison said the property met that requirement with 20% of the boundary being contiguous.

Havenar asked Madison to address the issue of water service for the proposed development. Madison said the developer does not want water service from the town; the lots would have private wells and the development would be self-sufficient regarding water. The developer did want the town to provide fire and police service, however. Madison pointed out that the developer initially wanted to remain in unincorporated El Paso County, but the town asked to be a partner in the development process.

Resident Roger Moseley raised several objections to the planned development, arguing that the impact report was “a terrible report,” mistaken on the issue of density, lacking information about costs, that the specifics of the development were not covered, and that there was a legal requirement for maps to be updated. Krob replied the impact report was prepared for the county, which had judged it adequate for its purposes. The maps needed to be updated before annexation, Krob said, but not before the determination about eligibility was made.

Resident Martha Brodzik said the impact report did not include a financial plan. She said she believed the town would be required to maintain a portion of County Line Road and that annexation would cost the town $77,000 a year in excess of the property taxes received. She said she was not in favor of or opposed to annexation, but she did not want to bear the burden of annexation.

Resident Johann Moum asked who the developer of the property is and if access to the proposed development would be through existing streets. He also asked about the intended lot sizes. Havenar pointed out these questions did not relate to eligibility.

Reid Wiecks, chairman of the Parks and Trails commission, said he was in favor of annexation but believed that one of the parcels would cut off a proposed trail. He objected to the Parks and Trails Commission not being involved in the annexation process. Havenar said the issue of trails was not relevant to the question of eligibility and the commission would be involved in the design phase of the process.

Two residents who did not sign the speaker log raised issues about water and fire prevention. Havenar said wells were managed by the state of Colorado. Trustee Shana Ball said the board was always conscious of the risk of fire.

Resident Bill Fisher said he believed the annexation agreement modified the existing land use code and he wanted residents to have a chance to comment on these changes.

Following the comments by the board and the public, Madison made his concluding remarks. He said the eligibility requirement was that the land be capable of development and that was the case. The impact report was done by the town, not the developer. A traffic study would be done during the development phase that would address roads. He explained the church is the owner as well as the developer and they intend to sell lots to builders.

Madison said he did not believe any connection to Capella Drive would be proposed, and that the primary access would be via County Line Road. Lots would be 2.5 acres and the trail issue would be addressed during the design phase. He said all tap fees would be paid and he believed development would reduce the likelihood of fire. He ended by saying the requirements for eligibility had been met.

Krob said if the board voted in favor of eligibility following the hearing, the next step would be a hearing on annexation, at which an ordinance would be voted on. The ordinance would do three things: annex the property, zone the property, and approve the annexation agreement.

Havenar closed the hearing, and the board voted unanimously to approve Resolution 13-2024, which finds the Ben Lomand property eligible to be annexed. The board also voted to hold an executive session on Wednesday, Feb. 28 at 5 p.m. to review the annexation agreement, and to hold a special session on Monday, March 4 at 5 p.m. to consider the annexation ordinance.

Brodzik objected to the schedule of the additional meetings, arguing there was no need to rush. She repeated her point about costs not being adequately considered. She said when the town was hit with costs for the annexation, she would send her portion of the bill to the board for them to pay.

Trustee Dennis Stern asked residents to send their concerns to the board via email and to be concise.

“Non-sanctuary” status debated

Havenar asked the board to approve Resolution 20-2024, which declares Palmer Lake to be a “non-sanctuary” town. The resolution also calls upon the president of the United States to secure the border and to enforce immigration laws. The resolution recognizes the importance of legal immigration.

Havenar said the county commissioners had issued a statement regarding “non-sanctuary” status and the mayors of some towns had made similar statements. She said her goal was to prevent the town from expending resources responding to the arrival of migrants. Ball said the town does not have space or resources to help migrants.

Trustee Nick Ehrhardt agreed the town does not have resources but said “it’s a far cry from that to proactively saying we are shutting the door before the door even exists … it’s regrettable that our neighbors have done so … this is an opportunity for us to stand apart.” He encouraged faith communities to help address the needs of migrants, said Palmer Lake was a sanctuary in many ways, and said he was a citizen of the planet.

Resident Becky Albright said she was disturbed by the resolution and did not see its purpose.

Havenar asked Krob if the town has a responsibility to migrants who might camp by the lake. Krob said “sanctuary city” is not a legal designation but was a political statement and concerns cooperation with immigration officials. “If you say you are a non-sanctuary city it doesn’t change your legal liabilities … it’s not really a legal question.”

Moseley asked: “Why are we not arresting bus drivers, shooting tires and burning buses?”

Brodzik said the town’s code prohibits camping and the code should be enforced.

Chief of Police Jason Vanderpool said camping is not a criminal offense. His officers could only ticket migrants camping illegally and require them to go before a judge. Since they were transitory, a trial and a fine might be ineffective, he said.

The board voted to approve the resolution. Ehrhardt and Trustee Samantha Padget voted no. Ball, Trustee Jessica Farr, and Havenar voted in favor. Trustee Kevin Dreher did not attend the meeting and was excused.

In a related matter, Havenar asked the board to authorize her to sign a letter, drafted by the mayors of Fountain, Green Mountain Falls, Calhan, Manitou Springs, Monument, Ramah and Colorado Springs, to the county commissioners, asking the commissioners to “engage in meaningful consultation with us, the mayors, before making public statements that have a negative impact on our communities.” The letter says the towns do not have the resources to support large numbers of immigrants. It asks for a collaborative approach from the commissioners.

Havenar said she supported the statement because it clarified the mayors would work together on the issue.

Ehrhardt voted against authorizing Havenar to sign the letter on behalf of the town. Ball, Farr, Havenar, Padgett and Stern voted in favor.

Land use code updated regarding annexation process

The board considered three updates to the town’s land use code, all of which would address deficiencies in the existing code regarding the annexation process. Krob said the first of the three updates was not ready for consideration, but the other two were ready. The second update would add language defining who can update the land use code, requiring a survey map when the zoning district map is changed, that zoning changes be initiated by the owner of the property or their representative and that the Community Master Plan be amended before approving zoning changes not in alignment with the plan. The third update defines a checklist of requirements for land use applications.

Collins and Krob emphasized that these changes would be temporary measures to fill gaps until the Planning Commission could complete its work on the land use code.

Brodzik objected to proposed changes, arguing they were a “cut and paste job,” and that the paragraph numbering was inconsistent. Krob responded that the language would be cleaned up by Municode, the company updating the town’s code, during codification. Brodzik asked for a line-by-line review of the town code, which she said the board had agreed to previously. She said the changes aren’t “ready for prime time.”

Havenar emphasized the temporary nature of the changes. Krob said the board can revisit the code at any time.

Moseley and resident Claudia Belcher said the process was too rushed.

Havenar said the board supported the town staff in the performance of their duties and that there were applications that needed to be addressed.

The board voted unanimously to table the first proposed update and to approve the second and third.

EcoSpa lease amended

Havenar told the board that the Willans had asked for their lease agreement to be amended so that the town would receive 8% of all rents received for rental of the annex building. The annex building was previously referred to as the gymnasium and community center.

Lindsay Willan said she and Richard Willan had spent $20,000 on an engineer’s report, soil tests, and a website and she believed the annex would be operational by early summer. She said they would pay the town a percentage of the profits rather than a fee per user of the annex.

Wiecks said he was concerned the Willans’ plans would prevent the construction of a trail around the perimeter of the Elephant Rock property. Lindsay Willans said the trail would be allowed.

The board voted unanimously in favor of Resolution 18-2024, which amends the lease agreement as proposed.

Master fee schedule adopted

Following a workshop on its master fee schedule held on Feb. 22, the board voted in favor of Resolution 15-2024, which amends the town’s master fee schedule. Trustee Farr voted no; the other trustees and Havenar voted yes.

Before the vote, Wiecks asked that fees for use of the baseball field be added. Collins said the fees should be discussed with the Little League before being added. Havenar said the fee schedule could be amended at any time.

The fee schedule can be found on the town’s website here: www.townofpalmerlake.com/documents. The amended schedule had not been published when OCN went to print.

Pickleball courts moved

In previous months, the board had discussed with Awake the Lake liability concerns caused by the fact that the pickleball courts were to be built over a water line. No clear agreement had been reached concerning who would pay if the water line needed maintenance.

The board voted in favor of Resolution 9-2024, which moves the location of the courts south, adjacent to the pedestrian bridge abutment on the west side of the lake, where they would not be on top of the water line.

Special use permits

At its Feb. 8 meeting, a special event permit was approved for an Easter egg hunt, to be held on Saturday, March 30, on the Village Green at 10 a.m. The event was organized by the Palmer Lake Arts Council and will include a visit from the Easter Bunny, crafts, and face painting.

At its Feb. 22 meeting, a special event permit was approved for an Easter service to be held on Sunday, March 31, at the Town Hall at 10 a.m. The service, hosted by Joy on the Rock, will be followed by brunch.

Executive sessions

The Feb. 8 meeting ended with an executive session for the board to receive legal advice concerning potential sale of town property, the lease agreement with Eco Spa LLC, and a Police Department complaint.

The Feb. 22 meeting ended with an executive session to receive legal advice concerning the potential sale of town property and negotiation of a possible lease of a portion of the Elephant Rock property.

No actions were taken following either executive session.

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The next regular board meetings are scheduled for March 14 and 28. In addition, there will be an executive session on Wednesday, Feb. 28 at 5 p.m. and a special meeting on March 4 at 5 p.m. All meeting 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

Palmer Lake Board of Trustees, Jan. 11 and 25 – Ben Lomand annexation considered; TLCA closed to the public

By James Howald and Jackie Burhans

At its meeting on Jan. 25, the Palmer Lake Board of Trustees (PLBOT) held a public hearing to consider three land use issues. Of the three, the eligibility of the Ben Lomand property owned by the United Congregational Church for annexation by the town was the most contentious. At the same meeting the board continued its discussion of the conditional use permit it had granted to The Movement Church to use the Tri-Lakes Center for the Arts TLCA) building as a church.

The board also addressed a request to vacate a town right of way (ROW) on Petite Avenue. After some discussion, the board tabled a resolution concerning the memo of understanding (MOU) with Awake the Lake (ATL) regarding the proposed pickleball courts. The policy for public comments was also updated at this meeting.

At the board’s first meeting of 2024, held on Jan. 11, the board held a public hearing on a conditional use permit for a new business. It also voted on several resolutions appointing volunteers to commissions and boards.

Both meetings ended with executive sessions.

Board assesses eligibility for annexation

Mayor Pro Tem Dennis Stern opened the public hearing to consider a petition from the United Congregational Church to the town requesting annexation of 181.5 acres of land the church owns. The land in question is south of County Line Road, west of Indi Drive, and north of Capella Drive and is currently part of unincorporated El Paso County. The land is part of a larger property owned by the church, 163 acres of which are already part of the town. Stern said the applicant for annexation would speak first and then the public could comment. After public comments, the applicant would make a closing statement. Stern stressed the hearing was to assess eligibility only and other issues would be addressed later in the process.

Dan Madison, a civil engineer with Manheart Consulting, represented the church. His petition, included in the packet for the meeting, argued the property was eligible for annexation because:

  • More than 1/6th of the perimeter is contiguous to the town.
  • There is a community of interest with the town.
  • The land is rural and capable of being integrated with the town.
  • The annexation will not change any school district.
  • The land will not be divided without the consent of the owner.

Scott Krob, the town attorney, said the annexation process has three steps:

  • Filing a petition with a map, which has been done.
  • A determination of eligibility.
  • The annexation itself, which must be consented to by both sides.

Krob said the public hearing was part of the second step in the annexation process. He reviewed the criteria for eligibility detailed in the church’s petition.

Krob explained the consideration of eligibility would not be completed at the board meeting because the town was required to write an annexation impact report examining water, sewer, and electrical service, among other issues, and to submit that report to the county. The report was in progress and would go to the county in a few days, he said.

Krob said the public hearing would remain open until Feb. 2, allowing the county time to review the impact report.

Stern opened the public comment portion of the hearing. Resident Roger Mosely said the hearing did not meet requirements because the county had only had 22 days’ notice, not the 25 days required by statute. He went on to argue the property was not eligible for annexation because the town’s master plan was inadequate, the impact report had not been submitted, and the area to be annexed must be urban.

Resident Martha Brodzik said the town needed to consider the financial impact of annexation. Johan Moum said he was afraid the developer would change the nature of the development at some later time. Krob said issues of zoning could not be considered until after the annexation was complete.

Meggan Herington, the county Planning and Community Development director, said the Board of County Commissioners had received notice of the proposed annexation in early January and had asked her to tell the town what should be included in the impact report. She said she had sent the town a letter and asked that traffic and drainage studies be done, and that protection of Ben Lomand and existing trails should be considered. She said the commissioners would schedule a meeting quickly after receiving the impact report.

Residents made comments including:

  • That fire prevention costs be considered.
  • That residents should have input into the annexation impact report.
  • That the town would be better stewards than the county.
  • That the proposed development might lead to current residents needing to redrill their wells.
  • That 5-acre lots would be better than the 2.5-acre lots the Palmer Lake Planning Commission had approved.
  • That the presence of Native American artifacts in the land to be annexed should be considered.
  • That the draft of the annexation agreement had issues about the compliance of accessory dwelling units with code.

Trustee Jessica Farr said the discussion about annexation had been going on for years and if the land was not annexed the town would still be obligated to provide police and fire service to any residents due to the principal of mutual aid, but all tax revenue would go to the county, so the town would not be reimbursed.

Trustee Shana Ball said she supported the annexation because it gave the town control.

In his closing statement, Madison said he believed the eligibility requirements had been met and residents’ concerns would be addressed in the later steps of the development process. He said traffic, water availability, drainage, and environmental concerns would be handled in due course, and that the applicant had no intention to change the project as it proceeded through the development process.

Later in the meeting, the board voted to wait until its next meeting on Feb. 8 to vote on Resolution 13-2024, which would determine the Ben Lomand property’s eligibility for annexation.

Board closes TLCA to public

At the Jan. 25 meeting, Town Administrator Dawn Collins reviewed the background of the conditional use permit granted to The Movement Church to use the TLCA building as a church.

At its Dec. 14 meeting, the board granted The Movement Church a conditional use permit to use the TLCA building for church services. The Planning Commission had previously approved that use on a three-to-two vote with the requirement to complete inspections by the Fire Department and Pikes Peak Regional Building Department (PPRBD) and to resolve any violations. Collins said the PPRBD can’t complete its inspection without accurate plans, and the plans submitted included residential living accommodations. Residential living was never approved for the building. In addition, the fire inspection was incomplete because the fire chief had not been allowed access to some parts of the building.

Collins said the Fire Department had concluded the building was not safe and should not be open to the public, the town staff believed no one should be living there and she asked the board for guidance.

Fire Chief John Vincent said the only Certificate of Occupancy (CO) he could find was out of date and was approved in 1999 when the building was a garage. He said he had been asking the owner of the building for information since 2021 without any response and had been denied access to some of the building during his inspection. He recommended closure until the required information was provided.

John Cressman, speaking on behalf of The Movement Church, asked for more time to resolve outstanding issues. He said he had presented plans he had received from TLCA at a recent virtual meeting with town staff. The church was working hard to fix problems and many buildings had changed without updating their CO, Cressman said. In response to a question from Stern, Cressman said he did not know when accurate plans would be available.

Ball said she wanted to support the work that was being done but she had a concern about inadequate egress if there is a fire.

Krob summed up the situation by saying the building had no CO and a recommendation from the fire chief that it should be closed. The town could be liable. Krob recommended the town follow the recommendation of the fire chief.

Trustee Samantha Padgett made a motion to close the TLCA building to the public until the current issues were rectified. Krob clarified that the owner would need to obtain a CO and pass a fire inspection. The motion to close the building passed, with Trustees Ball, Nick Erhardt, and Padgett voting in favor and Stern and Trustee Jessica Farr voting no. Trustee Kevin Dreher and Mayor Glant Havenar were absent from the meeting.

Above: At its Jan. 25 meeting, the Palmer Lake Board of Trustees closed the Tri-Lakes Center for the Arts (TLCA) to the public due to fire safety concerns. In December, the board granted a conditional use permit to TLCA to allow the newly formed Movement Church to use the building for periodic church services. The conditions imposed by the Palmer Lake Planning Commission at its November meeting were that TLCA must complete inspections by the Palmer Lake Fire Department (PLFD) and by the Pikes Peak Regional Department (PPRBD) and address any issues that came up during those inspections. Palmer Lake Fire Chief John Vincent said that he had done a partial inspection and had some fire safety concerns but that he had been denied access to a portion of the building. He also said the PPRBD was unable to complete an inspection because it did not have current plans for the building, which had been substantially changed since it last had a certificate of occupancy in 1999. The board voted 3-2 to close TLCA until the issues were resolved. Photo by Jackie Burhans.

Request for vacation of ROW denied

During the public hearing at the Jan. 25 meeting, the board considered a request to vacate a town ROW on Petite Avenue. In his application to vacate, resident Brad Akers asked the town to eliminate Petite Avenue completely and to change the address of his house to an address on Verano Avenue. His application argued Petite Avenue is too steep to ever be developed as a road.

At the hearing, Akers said he thought his request complied with the town’s master plan.

Jim Brinkman, a surveyor working for David Sanchez, who owns property adjacent to Akers’, opposed the vacation until all options for access to Sanchez’s property were investigated. Claudia Beltran, another of Akers’ neighbors, spoke in favor of the vacation.

Collins pointed out the Planning Commission had voted against approval of the vacation. Krob said the town was under no obligation to give up the right of way and said the town should consider if the right of way could be of use in the future. A vacation would mean the town’s property would be gone forever.

The board voted unanimously to deny the request to vacate.

Liability issue complicates MOU

Krob told the board that the MOU between the town and ATL would need to address the liability questions arising from the presence of a town water line under the pickleball courts that ATL proposed to build. The MOU drafted by the town staff asks ATL to provide $20,000 to be placed in the Water Fund to cover the costs of any repairs needed to the water line. Collins said the intent was to release ATL from any further liability if repairs were needed in the future.

Farr and Ball questioned whether $20,000 was enough to cover potential repairs, and Ehrhardt asked for some insight into the amount from an engineer.

Stern proposed tabling the MOU discussion so that more information could be gathered, and the board voted to do so.

Public comment policy updated

Krob related to the board an incident at a board meeting in Wheat Ridge when a participant in a virtual meeting, using an assumed name, made a series of antisemitic and racist public comments. That prompted Krob to update Palmer Lake’s policy on public comments to prevent a similar misuse of the public comment portion of board meetings by adding that comments on items not on the agenda must be made in person or by email 24 hours before the meeting.

The town’s policy on public comments includes:

  • A speaker must be recognized by the mayor before speaking and should state their name and address for the record.
  • Comments must be addressed to the board as a whole and not to individual staff members.
  • Each speaker is limited to three minutes and can only speak once per agenda item.
  • The mayor has the discretion to limit the time or number of speakers on an agenda item and can require a speaker to leave the meeting if they do not observe decorum.
  • The mayor may call for a recess if lack of decorum interferes with the orderly conduct of the meeting.
  • The complete policy can be found in the board packet here: mccmeetings.blob.core.usgovcloudapi.net/palmerlake-pubu/MEET-Packet-a147a276fa7549728d977d0b2e8cb86d.pdf.

Mosely objected to the three-minute limit on public comments. Stern pointed out that the mayor had discretion to permit longer comments if necessary.

The board voted unanimously in favor of Resolution 12-2024, which adopts the updated policy.

Conditional use granted for Slap Shot Hockey

At the Jan. 11 meeting, a public hearing was held on a request from Nicole Tahmindjis for a conditional use in a C2 zone. Tahmindjis said she intended to open Slap Shot Hockey Lanes at 870-872 Highway 105. The business would provide a location for hockey players to do dryland training and practice shooting pucks using lanes that would return the pucks to the shooter, measure the speed of the shots and include special effects.

There were no comments from the public. Krob said Tahmindjis had met all requirements for the permit and the board voted unanimously to approve it.

Board and commission appointments

The board approved a set of resolutions at the Jan. 11 meeting that re-appointed volunteers to board and commissions:

  • Resolution 3-2024, which re-appoints Susan Miner, Lindsey Zapalac, and Tim Caves to the Planning Commission.
  • Resolution 4-2024, which re-appoints Reid Wiecks, Cindy Powell, Kevin Magner, and Garcia Woods to the Parks and Trails Commission.
  • Resolution 5-2024, which re-appoints Havenar to represent the town on the Pikes Peak Area Council of Governments.
  • Resolution 6-2024, which re-appoints Bob Miner, Eddie Kinney, and Kevin Dreher to the Board of Adjustments.

The board also voted in favor of resolutions to retain Green & Associates as the town’s auditor and to authorize the Parks and Trails Commission to continue its work on the Elephant Rock trail.

Executive sessions

The Jan. 11 meeting ended with an executive session for the board to receive legal advice concerning public comments and hate speech.

The Jan. 25 meeting ended with an executive session to determine negotiation strategies for the sale of town property and to receive legal advice concerning a Police Department complaint.

No actions were taken following either executive session.

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The next regular board meetings are scheduled for Feb. 8 and 22. 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

Palmer Lake Board of Trustees, Nov. 29, Dec. 14 and 21 – Town attorney steps back; 2024 budget adopted

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) held a special meeting and an executive session on Dec. 21 to address reports in the media that Town Attorney Matt Krob was facing sexual assault, third-degree assault, and child abuse charges from an arrest in 2022.

At its regular meeting on Dec. 14, the board adopted a budget for 2024. In its capacity as the local licensing authority, the board considered an application to transfer a liquor license. The board held a public hearing to consider an application for a conditional use permit in a Convenience Commercial zone. Parks Commission Chair Reid Wiecks gave the board an update on recent progress on the trail and bridge work underway at the Elephant Rock property. The board considered several resolutions and ordinances. Finally, the board held an executive session following its Dec. 14 meeting.

Board supports Krob; retains his firm

Mayor Glant Havenar opened the special meeting on Dec. 21 with a call for public comments.

Resident Bill Bass, who served a term as mayor from 2021 until 2023, addressed Krob’s service to the town, pointing out that the board should not be swayed by hearsay and rumor. “This matter would never have come to light in the way it has had it not been for one person . . . probably 90 percent of the complaints from this party have been incorrect and frivolous, mean-spirited … accusations that were outright lies that damage the town and people. It should stop.” Bass said he supported Krob and his family, adding that Krob’s advice had benefitted his administration as well as Havenar’s.

Resident Bob Radosevich, who has served the town in many capacities over several administrations, also spoke in support of Krob, pointing out that no harm had been done to the town.

Havenar thanked Bass and Radosevich for their comments and opened an executive session. When the board reconvened to open session, Havenar read a letter to the board from Krob in which he said: “In light of the recent media and social media coverage relating to a personal matter that I am vehemently defending, I have decided to take a step back from representing the town until my personal case is resolved. In the meantime, our firm will assign another attorney to serve as the town attorney with significant experience representing municipalities.”

Havenar made a statement on behalf of the board expressing full support for Krob and for the representation of his firm. She said the board looked forward to his return.

2024 budget adopted

Havenar opened a budget workshop on Nov. 29 and said recent social media posts claiming the proposed 2024 budget “defunded” the police were incorrect. She pointed out the budget was balanced and asked for the support of the town.

Town Administrator Dawn Collins said progress was being made in how the town handles the budgeting process, with more involvement from department heads. The proposed budget reduces worker compensation premiums. Collins stressed that property assessments were delayed due to a special session of the state Legislature held following the failure of Proposition HH, and the proposed budget would need to be amended when those assessments were finally available. She said the budget provided a 5% salary increase for the Police Department; other departments would receive smaller increases. The budget included funding for a compensation analysis to provide an objective opinion for future planning.

Havenar said she was concerned about the Police Department getting a larger increase than other departments. Trustee Kevin Dreher expressed the same concern.

The board packet provided for the workshop (www.townofpalmerlake.com/meetings) contains additional details about the proposed budget. In previous budget discussions, the board prioritized roadway and drainage improvements and water infrastructure. The Water Fund budget has $500,000 for capital improvement projects. It is over $90,000 in the black.

The proposed budget adds these new staff positions:

  • A full-time deputy clerk in Town Administration.
  • A full-time equipment operator in the Public Works department.
  • A part-time code enforcement officer in Town Administration (code enforcement is currently handled by the Police Department).
  • A part-time records technician for the Police Department.

The proposed budget makes the following reductions:

  • Removes one part-time Town Administration staff member.
  • Reduces part-time Police Department hours.
  • Reduces part-time Fire Department hours.
  • Removes one part-time Public Works/Parks Department staff member.
  • Reduces capital improvement funding for roads.

At the Dec. 14 regular board meeting, the board continued its work on the budget with the consideration of Ordinance 26-2023, an emergency ordinance to adopt the budget.

Attorney Krob told the board that, although final property assessments were not yet available, he recommended that the budget be adopted at that meeting. He said the board would need to amend the mill levy portion of the budget when the final property value assessments were determined by the state. He warned that if the board did not adopt a budget by the end of the year, it would trigger a requirement for the state to impose a budget on the town that would include 10% across-the-board reductions in all line items. He explained an emergency ordinance to adopt the budget would take effect immediately, whereas an ordinary ordinance would take effect in 30 days, after the end of the year, triggering a budget to be imposed by the state.

The board voted unanimously in favor of Emergency Ordinance 26-2023, which adopted the 2024 budget effective Dec. 14. The board also scheduled a special session for Jan. 3 to amend the 2024 budget in light of the final property value assessment and its impact on the town’s mill levy.

Liquor license transferred

The board met as the Local Licensing Authority on Dec. 14 to hold a public hearing on the transfer of a liquor license. Justin T. Cline told the board he was opening Sundance Pit BBQ at 25 Highway 105, which previously had been La Rosa Southwestern Dining. He asked the board to transfer the liquor license owned by La Rosa to his business. Collins confirmed that Cline’s application was complete. There were no comments from the public and the board approved the transfer.

Conditional use permit for church granted

At its Dec. 14 meeting, the board held a public hearing to consider a request from Jeff Maddox of the Movement Church for a permit to use the building at 304 Highway 105, commonly called the Tri-Lakes Center for the Arts, as a church with services on Sunday morning. Maddox said properties in Convenience Commercial zones can be used as religious institutions if permitted by the board.

The Planning Commission approved the conditional use on a 3-2 vote on Nov. 15, with the requirement to complete inspections by the Fire Department and Pikes Peak Regional Building Department (PPRBD) and to resolve any violations.

Resident Roger Mosely argued the board should not grant permission to Maddox since Maddox is not the owner of the property. Mosely predicted problems with PPRBD if the permit were approved.

Krob asked Maddox if he was aware the building was not zoned for residential use and Maddox answered yes. Krob said permitting use as a church would not include residential use. He added Maddox would need to resolve any violations uncovered during inspections.

Havenar closed the public hearing and the board voted on Resolution 77-2023, which would grant the conditional use permit. Trustees Shana Ball, Kevin Dreher, Nick Ehrhardt, Jessica Farr and Dennis Stern voted yes. Havenar voted yes. Trustee Sam Padgett voted no.

Trail and bridge update

Wiecks told the board the current plan for the trails and bridges at the Elephant Rock property would, when complete, connect the town center to the property. The plan requires four bridges to be completed. A bridge replacing a temporary log bridge over Monument Creek has been replaced using $1,100 in Parks Commissions funds. The commission will also fund the second bridge. The design and construction of the bridges is being done by Air Force Academy cadets.

Resolutions

  • The board tabled Resolution 78-2023, which would have authorized a memorandum of understanding between the Town of Palmer Lake and Awake the Lake (ATL) to limit ATL’s liability for any costs resulting from the presence of town water lines underneath the proposed pickleball courts to a maximum of $20,000.
  • The board voted unanimously in favor of Resolution 79-2023, which authorizes a lease agreement between the town and CORE Electric Cooperative for the placement of an electrical vehicle charger on town property.
  • The board voted unanimously in favor of Resolution 73-2023, which accepts the water rate study by Chris Brandewie of Water Rates by Brandewie, LLC.
  • The board voted unanimously in favor of Resolution 80-2023, which authorizes an Intergovernmental Agreement between the town and the Colorado Department of Transportation regarding improvements on Spruce Mountain Road. The Pikes Peak Area Council of Governments provided grant funds for the design and construction of the improvements.
  • The board voted on Resolution 81-2023, which authorizes a professional services agreement with GMS Engineering Inc. to design improvements to the pedestrian walkway adjacent to Palmer Lake Elementary School. GMS secured a $150,000 grant for the project; the professional services agreement commits the town to pay GMS $218,000 to complete the scope of work. Farr voted against the resolution; all others voted in favor.
  • The board voted on Resolution 82-2023, which authorizes Dukes Electric Inc. to install Union Pacific Railroad-approved lighting on the pedestrian bridge between the town and the lake at a cost of $24,800. Farr and Stern voted against the resolution; all others voted yes.
  • The board voted unanimously in favor of Resolution 83-2023, which authorizes the town staff to complete the demolition of six cabins and one long building on the Elephant Rock property, including asbestos assessment and abatement.

Ordinances

The board approved two ordinances which have been discussed in previous board meetings:

  • Ordinance 24-2023, which adopts an updated sign code for the town. Stern voted no; all others voted in favor.
  • Ordinance 25-2023, which prohibits use of motor vehicles on undeveloped rights of way within the town. Farr was the only vote against the ordinance.

Executive session

Following the Dec. 14 meeting, the board held an executive session to develop negotiating positions on leasing a portion of the Elephant Rock property to Star View Ranch, to consider the employment contract with the town administrator, and to receive legal advice concerning a complaint against the Police Department.

The board returned to open session and voted to approve the employment agreement for Town Administrator Dawn Collins. Padgett and Farr voted against approving the agreement; all others voted in favor.

Above: At its special Board of Trustees meeting on Dec. 21, Town Administrator Dawn Collins wore her holiday spirit outfit. Photo by Jackie Burhans

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The next regular board meeting is scheduled for Jan. 11. The board will also meet on Jan. 3 to amend the 2024 budget. 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 (PLBOT) articles