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Palmer Lake Board of Trustees, Sept.14 and 28. Elephant Rock property lease with option to purchase approved

By James Howald and Jackie Burhans

In September, the Palmer Lake Board of Trustees voted on a resolution authorizing a lease for a portion of the Eagle Rock property and on a resolution regulating recreational vehicle (RV) use and storage on private property. An ordinance governing signs was discussed and tabled. Palmer Lake Police Officer Eugene Ramirez was awarded Palmer Lake’s Life Saving Medal. The board granted five special event permits and appointed members to the Parks Commission and to the Community Development Advisory Board (CDAB). The board addressed several land use issues and hired a new accounting service.

The board held two executive sessions: one following the regular meeting on Sept. 14 and one preceding the regular meeting on Sept. 28.

Elephant Rock property lease.

At its Sept. 28 meeting, the board considered Resolution 55-2023, which authorizes Mayor Glant Havenar to sign a lease agreement with EcoSpa LLC, owned by Richard and Lindsay Willan, for 2.8 acres of the town’s Elephant Rock property. The lease includes an option for the Willans to purchase the land and an acknowledgement that the Planned Unit Development for the property will need to be amended, with any amendments to be reviewed and approved by the board at a future meeting.

Attorney Matt Krob pointed out that if the town terminated the lease, the option to purchase the land would also be terminated. He explained that any request by the Willans or by future owners to change the use of the land would need to be reviewed by the Planning Commission and voted on by the board following public hearings, so the town would retain some control over the future of the property even after it was sold. The town could also use a deed restriction to prevent certain future uses, he said.

The board voted unanimously in favor of the resolution leasing the property to the Willans with an option to purchase.

RV use and storage on private property.

At a workshop on Sep. 14, the board returned to its discussion of how RV use and storage should be regulated, focusing on RV use and storage on private property. At a previous meeting in August, the board passed an ordinance prohibiting RV use and storage on public property.

Havenar opened the discussion by explaining that RV use and storage had been mistakenly omitted from an update of the town’s municipal code. She said she had concerns about regulating residents’ use of their property.

Trustee Kevin Dreher said he had no issues with storing RVs on private property, but he favored limits and didn’t want people living in them on a permanent basis. He suggested using building permits to authorize residency in an RV only on empty lots when a house was being built on the property.

Trustee Jessica Farr said she did not want RVs connected to water and sewer systems. She suggested a one-year limit on RV occupancy.

Krob raised the issue of unimproved rights of way to the lot where any RV would be located and pointed out that if the town allowed use of an unimproved right of way by an RV, there would be a risk of liability for the town. Krob also said any ordinance regulating RV use and storage should include language prohibiting RVs to be used as accessory dwelling units.

Fire Chief John Vincent pointed out that there would need to be adequate access for emergency vehicles to any private property on which an occupied RV was present.

Resident Matt Stephen argued that, if no time limit on residency in an RV was set, it would be impossible to eliminate their use as a long-term residence.

Krob said he had enough direction from the board to draft an ordinance for consideration at the next board meeting.

At the Sept. 28 meeting, the board reviewed the ordinance Krob drafted using the input from the work session. The issue of RV owners using unimproved rights of way to reach the property where they would store their RV proved to be a sticking point. Dreher asked if waivers could be used to resolve the issue of liability. Krob said waivers might reduce but would not eliminate liability for the town and suggested that the town ask the question of Colorado Intergovernmental Risk Sharing Agency, the town’s insurer.

Trustees Shana Ball, Dreher, Nick Ehrhardt, Samantha Padgett and Dennis Stern, along with Havenar, voted to table the ordinance, with Trustee Jessica Farr voting not to table.

Sign code ordinance discussed, tabled.

At its Sept. 14 meeting, the board made another attempt to craft an ordinance regulating signs. Havenar said she had heard from businesses who felt that the ordinance in its current form was not business friendly. The draft under discussion, for example, specifies that neon can be used only for signs indicating the business is open, but O’Malley’s Steak Pub has had neon signs advertising brands of beer for several years. Krob said some signs could be considered historic signs and grandfathered in, but if they were ever changed or destroyed the new sign would need to be reviewed. He stressed that historic signs had to have been legally compliant at some point. Krob recommended a workshop on the sign ordinance.

The board voted to table further discussion of the ordinance until October.

Officer Ramirez honored.

Chief of Police Jason Vanderpool presented officer Eugene Ramirez with the Palmer Lake Life Saving Medal for his response to an attempted suicide earlier in the year. Ramirez and Monument Police Department Officer Dakota Degenhart responded to a report that an autistic individual was preparing to hang himself on Mount Herman. Ramirez and Degenhart located the individual and Ramirez supported him while Degenhart cut the rope from which he was already hanging. Together they administered first aid and got the victim down the trail to help. Without their actions, Vanderpool said, the attempt would have succeeded.

Special event permits granted.

The board approved special event permits for five events:

  • The Monument Academy Cross Country race to be held on Sept. 28.
  • The Funky Little Theater production of the Legend of Sleepy Hollow, scheduled for a 7 p.m. show on Friday, Oct. 13 and a 1 p.m. show on Saturday, Oct. 14 at the Palmer Lake Town Hall.
  • The YMCA Creepy Crawl 5K Fun Run, to start at 9:30 a.m. on Oct. 28 at the Palmer Lake Regional Recreation Area. A separate run for kids will start at 10:30 a.m. The course will circle the lake and continue on the Santa Fe Trail. Race ceremonies will start at 8:45 a.m.
  • The Rat Rods and Rust Car and Bike Show, to be held from 2 to 6 p.m. on Saturday, Oct. 28 at the Palmer Lake Regional Recreation Area. Jeremiah King, the event’s organizer, described rat rods as gigantic rolling pieces of art. The event will include a costume contest for kids and trunk treats.
  • Palmer Lake Outdoor Classic hockey tournament, to be held Jan. 5, 6 and 7 at the Palmer Lake Regional Recreation Area. Four high school teams will play on Saturday, Jan. 6 from 6-9 p.m. Adult hockey games will be held on Sunday, Jan. 7 from 9 a.m. until noon with a playoff game from 6-7:30 p.m. Fireworks are being considered for Saturday evening. The event is a fundraiser for Lewis-Palmer School District hockey and the nonprofit that organizes the event.

Appointments.

At the Sept. 14 meeting, the board voted unanimously to appoint Garcia Wood to an alternate seat on the Parks Commission.

At the Sept. 28 meeting, the board voted unanimously to appoint Padgett to represent the town on the Community Development Advisory Board, which advises the El Paso Board of County Commissioners concerning community development and use of Community Development Block Grant funds. The board also voted to support the applications of Ball and Farr to serve on the Wildfire Resiliency Code Board.

Land use issues.

At the Sept. 14 meeting, the board voted unanimously in favor of Ordinance 20-2023, which disconnects a parcel of land belonging to Jim and Laura Fitzgerald from the town of Palmer Lake. The disconnection was the final step in a process begun in August to resolve tax issues created when the Fitzgeralds and Jim and Pam Parco exchanged land in 2014, intending to improve access to their respective properties. The land swap resulted in the Fitzgeralds and the Parcos receiving tax bills from both the town of Palmer Lake and from El Paso County. The annexation and rezoning voted on in August along with the disconnection will result in the Fitzgeralds and Parcos each receiving just one tax bill.

At the Sept. 28 meeting, the board held a public hearing on an application by Annette Ruiz for a conditional use permit allowing the Ruiz family to build a home on a lot on Vale Street that is currently zoned C1, for commercial use. There were no comments from the public and the hearing was closed. The board voted unanimously in favor of Resolution 68-2023, which gives the Ruiz family permission to build their home.

A second public hearing was held on Sept. 28 to consider a revised application to vacate the town’s right of way on El Moro Avenue by Cindy Powell and Marilyn Redwine. Collins explained that the board had heard this request before, but some of the details of the previous request were not in order and the new owner of an adjacent property wanted to be involved in the process. There were no comments from the public, and the board voted unanimously in favor of Ordinance 21-2023, vacating the right of way.

The board also voted to approve Resolution 67-2023, which authorizes Havenar to sign a professional service agreement with the Community Matters Institute to rewrite the town’s land use code. Collins explained that the state Department of Local Affairs has provided $25,000 to help pay for the rewrite, with the town also contributing $25,000. Only Farr voted against the resolution.

New accounting service.

The board voted in favor of Resolution 66-2023, which authorizes Havenar to sign a professional services agreement with Kelly Books LLC to provide accounting services to the town. Collins explained the agreement is a monthly contract and the role of Kelly Books will change once the town hires an accounting clerk.

Executive sessions.

The executive session following the Sept. 14 meeting was convened to discuss the lease for the Elephant Rock property, the release of confidential discussion in executive sessions and the town administrator’s evaluation and contract review. No action was taken following the executive session.

On Sept. 28, the executive session preceded the regular meeting, also to address the Elephant Rock property lease and the town administrator’s evaluation. The same executive session was reconvened following the regular meeting. When the second part of the executive session adjourned, the board tabled consideration of the town administrator’s contract.

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The next board meetings are scheduled for Oct. 12 and 26. 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, Aug. 10, 16, and 24 – Board extends permits and taps for former mayors’ property

By James Howald and Jackie Burhans

In August, the Palmer Lake Board of Trustees held two regular meetings, on Aug. 10 and 24, each ending with an executive session. The Aug. 10 regular meeting was preceded by a one-hour board retreat to review rules and roles. The board met for a third executive session, online only, on Aug.16, to receive legal advice on a human resources complaint and a personnel matter involving the police chief.

The board considered a resolution permitting John Cressman and Nikki McDonald, both of whom have served terms as mayor, to extend the expiration of building permits and associated water taps for four lots they own jointly on Greeley Boulevard. Mayor Glant Havenar, who was involved in the sale of the lots, recused herself from the discussion and the vote on the resolution.

The board held a public hearing and voted on a resolution and an ordinance concerning a request to annex and rezone parcels of land belonging to James Parco and James Fitzgerald. The board passed an ordinance regulating recreational vehicle storage and usage and considered next steps on creating a water enterprise fund. Three permits for special events were granted. A masterplan for Centennial Park was approved and two commissioners were appointed to the Parks Commission.

Above: At the Aug. 24 Palmer Lake Board of Trustees meeting, Cub Scout George Bartufiak, a third-grader at Larkspur Elementary School, led the Pledge of Allegiance that opened the meeting. Bartufiak attended with his mother and is in Larkspur-Monument Cub Scout Pack 217. The group met to fish at Palmer Lake on Sunday, Aug. 27. More information can be found on the pack’s Facebook page. Photo by Jackie Burhans.

Building permits and taps extended

A lengthy discussion preceded the board’s vote on Resolution 58-2023, which extends the building permits and associated water taps on four lots owned by Cressman and McDonald.

Town Administrator Dawn Collins summarized some of the background: Water taps had been issued for the lots, two of which have building permits in place, but a moratorium on land use applications had prevented the development planned by Cressman and McDonald. Now Cressman and McDonald want to sell the lots along with the associated building permits and water taps, she said. The resolution would authorize an agreement extending the building permits for one year, allowing the lots to be sold together or individually, along with the permits and taps.

Attorney Matthew Krob explained that people who own unused taps pay a monthly fee to support the water system even though the unused taps are not delivering any water. He said the municipal code was written to prevent people from buying water taps as an investment and from buying taps not associated with a specific lot.

Trustee Shana Ball pointed out that if someone were to purchase a water tap now, they would pay more than Cressman and McDonald paid.

Collins said that previously the town sold water taps for cash even though those sales were not in line with the municipal code.

Trustee Samantha Padgett argued the board was trying to create clear processes and that the processes in place when the taps were sold were not followed. She said she wanted to avoid the need for exceptions and the creation of new precedents. She suggested the taps should be considered abandoned so they could be resold by the town. Municipal code 13.08.060 says: “A water tap shall be deemed abandoned if a building permit utilizing the water tap has not been issued within one year from the date of purchase. If the building permit is allowed to lapse, the water tap shall also be deemed abandoned.”

McDonald pointed out that easement issues with CORE, the town’s power company, were preventing the plans for the lots from moving forward, and Cressman added that he had been paying the monthly fees for the unused taps since their purchase. He said he wanted to sell the lots and let the purchaser deal with the problems with CORE.

Following the discussion, the board voted unanimously in favor of the resolution to extend the building permits.

Cressman and McDonald appeared before a previous board on March 6, 2021 to discuss the lots and water taps. Details of that meeting can be found here: https://www.ocn.me/v21n3.htm#plbot.

Board approves parcel annexation and rezoning

The board held a public hearing and considered several items on the agenda to resolve a land use and property tax issue. First was an application to annex and rezone a parcel of land owned by James Parco, followed by a resolution on findings of fact and an ordinance to approve the request.

Parco explained that in 2012, he and his wife had purchased Lot 1 of a parcel of land in the Coldwater subdivision, where the Fitzgeralds had purchased Lot 2. One Lot was in the Town of Palmer Lake, and the other was in unincorporated El Paso County. Shortly after that, the Parcos and Fitzgeralds agreed to adjust the lot line between the two lots to improve access, swapping an equal amount of land. They had their properties surveyed, replatted, and filed documents by 2015. After that time, each property owner received two tax bills since they now each owned land in two jurisdictions. They later contacted the county assessor for advice on how to resolve the issue. Toward that end, Parco was now asking the town to annex and rezone his county property to incorporate it with his Palmer Lake land. Similarly, the Fitzgeralds would like their land disconnected from the town so they can incorporate it with the land they own in the county as one property. These actions would change the boundary line of Palmer Lake but not change its total property size.

Noting that the Palmer Lake Planning Commission had recommended approval of the annexation and rezone request on a vote of 7-0, Collins said that staff supports Resolution 60-2023 making findings of fact and Ordinance 18-2023 to annex and rezone Parco’s property as requested. The public hearing was closed with no comments, and the board voted unanimously to pass both the resolution and ordinance related to Parco’s request.

The last part of the solution would be to disconnect the Fitzgeralds’ land from Palmer Lake so they could incorporate it with their property in unincorporated El Paso County. The board directed the staff to draft the relevant resolution and ordinance and bring it back to the next board meeting.

Recreational vehicle storage ordinance passes

Completing a discussion begun in previous meetings, the board passed Ordinance 19-2023, which prohibits the storage or use of recreational vehicles on public property, with a 24-hour exception for loading and unloading, and sets parameters for the storage and use on private property that include 30 consecutive days of occupancy and prohibit connection to the sewer system.

The complete text of the ordinance can be found on the town’s web page here: https://www.townofpalmerlake.com/ordinances/regulating-storage-and-use-rvs.

Storm water enterprise fund next steps

At the Aug. 10 meeting, Ball made a motion requesting town staff to initiate an analysis of the steps needed to create an enterprise water fund. Collins and Krob will oversee the effort.

Special event permits approved

The board approved special event permits for:

  • The Lewis-Palmer Middle School Cross Country Meet, to be held on Sept.13.
  • A Melodrama Play to be put on by the Palmer Lake Arts Council on Oct. 6 and 8.
  • The Ninth Annual .5K Race, a fund-raising event for Awake Palmer Lake, to be held on Oct. 15.

Centennial Park master plan approved; commissioners appointed

At the Aug. 10 meeting, the board approved Resolution 52-2023, which approves the Parks Commission’s master plan for Centennial Park. Parks Commission Chair Reid Wiecks said the plan was an update of three previously developed plans. Trustee Kevin Dreher thanked Wiecks for his work on the plan.

At the Aug. 24 meeting, Kevin Magner and Jennifer Nilson were appointed to open seats on the Parks Commission.

Executive sessions

The Aug. 10 meeting ended with an executive session to determine negotiating positions relative to lease agreements and a possible annexation and to address the town administrator’s evaluation.

The virtual executive session held on Aug. 16 was for the purpose of receiving legal advice concerning a human resources complaint and a personnel matter involving the police chief.

The Aug. 24 meeting ended with an executive session to determine negotiating positions relative to lease agreements.

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The next board meetings are scheduled for Sept. 14 and 28. 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.

Above: At the Aug. 24 Palmer Lake Board of Trustees meeting, Cub Scout George Bartufiak, a third-grader at Larkspur Elementary School, led the Pledge of Allegiance that opened the meeting. Bartufiak attended with his mother and is in Larkspur-Monument Cub Scout Pack 217. The group met to fish at Palmer Lake on Sunday, Aug. 27. More information can be found on the pack’s Facebook page. Photo by Jackie Burhans.

Other Palmer Lake Board of Trustees articles