Palmer Lake Board of Trustees, Jan. 12 and 26 – Board awards adult-use cannabis licenses, discusses stalled Elephant Rock project

Adult-use cannabis licenses approved
Elephant Rock property next steps
Atkins honored
Martin Luther King Day recognized
Appointments made; resignation submitted
Water tap fees and usage rates increased
Maximum sign size established
Ambulance agreement terminated

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) met twice in January; the first meeting was preceded by the board meeting in its role of Local Licensing Authority to consider two requests to operate adult-use cannabis retail stores. Resident Gary Atkins was honored by the board, and Mayor Glant Havenar read a proclamation recognizing Martin Luther King Day. The board passed resolutions appointing town officers and representatives to boards and commissions. Water tap fees and water usage rates were increased, and the Master Fee Schedule was amended. The town’s regulations for signs were updated. The board voted to terminate the agreement with Monument Fire District to provide ambulance service.

At its Jan. 26 meeting, the board discussed possible next steps on the stalled Elephant Rock property development, approved a driveway agreement for one of the adult-use cannabis shops, and authorized contracting services for a water fund analysis.

Adult-use cannabis licenses approved

Melissa Woodward of Alpine Essential LLC, and Dino Salvatori, owner of Palmer Lake Wellness, requested their businesses receive licenses from the town to add retail sales of adult-use cannabis to their current business operations. The town must grant licenses permitting retail sales before Woodward and Salvatori can apply for corresponding licenses from the state.

In response to Woodward’s license application, Havenar raised the issue of potential impact on traffic, particularly the ability of nearby homeowners to reach Highway 105 quickly. Several options to manage traffic flow were discussed: extending Commercial Lane to connect Circle Road and Meadow Lane, adding a right turn lane at the intersection of Circle Road and Highway 105, and commissioning a traffic study to gather more data. Woodward said she would provide personnel to direct traffic on her property at 850 Commercial Lane when her business begins retail sales.

During public comments, residents Atkins and Larry Ennenga said they were concerned that the nearby homes had a single point of access to Highway 105. Stan Berkenkotter, the owner of 850 Commercial Lane, said he did not expect traffic to be significantly impacted by retail sales being added to Woodward’s business, and he mentioned the possibility he would develop an additional lot he owns on Commercial Lane. Resident Dee Banta said the town should plan for additional traffic, and resident Matt Stephen suggested on-street parking be prohibited on nearby streets. Woodward said her business was adding parking spaces to minimize on-street parking and would consider adding a stop sign and right-turn-only signage for customers exiting her business.

At the Jan. 26 meeting, the board unanimously approved a driveway agreement with the property owner, Berkenkotter Holdings LLC, to allow access to Alpine Essential on 850 Commercial Lane from a platted, undeveloped right of way in the town.

Salvatori’s license application gave rise to a discussion about odor from his cannabis grow. Salvatori told the board that he has discontinued growing cannabis but still received complaints about odor. Stephen pointed out that no odor should be detectable at the property boundary.

The board voted to approve both retail licenses with the stipulations that a traffic study would be done in six months and traffic issues would be addressed sooner if needed.

Elephant Rock property next steps

At the Jan. 26 meeting, Havenar noted that the Parks Commission had been exploring options on connecting Creekside Trail and the Elephant Rock property but were not yet ready to bring a recommendation to the board.

Kent Hudson, the new president of the Palmer Lake Economic Development Group (PLEDG), raised concerns that this plan might derail a potential multi-million-dollar development opportunity on the property. He said he would love to see representatives from the board, the parks and planning commissions, and the Carter Payne group come to the table and negotiate.

Town Clerk Dawn Collins asked the board if it was considering hearing the parks proposal at a February meeting, would it like to extend the invitation to the other interested parties? Havenar said the Willanses had been invited and accepted to come to the February meeting, but the Carter Payne group said they were out if they couldn’t purchase the land instead of a long-term lease as had been discussed.

Trustee Kevin Dreher said the discussion was a little premature and the board needed to decide exactly what they were willing to do with the property and that, in fairness to Carter Payne, the board had changed midstream. Trustee Shana Ball said the board’s mistake was not to present the property properly and that it went from “bring your ideas” to an unofficial agreement very quickly, skipping some steps. Dreher said it was important to know what the board might do with the parks and whether it wanted to set aside land for a public safety building, then they could discuss lease vs. sale. Collins said it was up to the board whether it wanted to hear concepts first or decide on the parameters first, reminding it that the board has authority over town property.

In public comments, residents said they had been fans of the Carter Payne concept and were sad to find out that negotiations had broken down. They felt that the Parks Commission meeting had pulled the rug out from Carter Payne and hoped the town could find a dignified way to move forward, suggesting a public workshop might be good. Lindsay and Richard Willans spoke, agreeing on the points made by the board and others, expressing their continued interest in renovating the pool area to create a spa. Richard Willans said everybody assumed the land would be up for sale eventually. Lindsay Willans said the original idea was to preserve 51% of the land for the town, connect to the Creekside Trail and bring in business investors who would only be interested if they could lease to own.

Havenar summarized that the board wanted to hear from the Parks Commission on Feb. 26 and from the Willanses at the March 9 meeting. In the meantime, if Carter Payne wanted to re-open negotiations, they could reach out to her or Collins and could include a representative from PLEDG. Mayor Pro Tem Dennis Stern asked how to communicate any directions that come out of a potential executive session, and Collins said the board could have her convey the parameters to interested parties. Attorney Scott Krob reminded the board that no decisions could be made in executive session, but the board could provide direction to staff on what parameters they wanted to set. Any binding decision would be in an open meeting.

Atkins honored

Havenar presented a certificate to Atkins honoring him for his efforts to protect the newly refurbished Town Hall when the furnace failed during the Christmas holiday. Atkins came to the Town Hall during a storm to ensure that any emergencies would be addressed as quickly as possible.

Above: At the Jan. 12 Palmer Lake Board of Trustees meeting, Mayor Glant Havenar recognized resident Gary Atkins for his efforts to ensure that Palmer Lake Town Hall not sustain damage during December’s freezing weather when its furnace broke down. Photo by James Howald. Caption by Jackie Burhans.

Martin Luther King Day recognized

Havenar read a proclamation recognizing King’s work to further peace, freedom, equality, and justice for all in America and designating Jan. 16 as a holiday in his honor.

Appointments made; resignation submitted

The board passed seven resolutions appointing town officers and representatives to boards and commissions:

Resolution 2-2023, which names John Ciccolella as municipal judge, Collins as town administrator, clerk and treasurer, and Krob Law Office as the town attorney.
Resolution 3-2023, which appoints Charlie Ihlenfeld, Bill Fisher, Mark Bruce, and Amy Hutson to the Planning Commission.
Resolution 4-2023, which appoints Mike Pietsch and Phyllis Head to the Parks Commission.
Resolution 5-2023, which appoints Havenar to the Pikes Peak Area Council of Governments.
Resolution 6-2023, which appoints Nikki McDonald to the Pikes Peak Areas Council of Governments Citizens Advisory Committee.
Resolution 7-2023, which appoints Kurt Ehrhardt, Charlie Ihlenfeld, Bob Radosevich, and Trustee Dreher to the Board of Adjustments.
Resolution 8-2023, which appoints Trustee Stern to the Pikes Peak Regional Building Department.

At the Jan. 26 meeting, the board unanimously designated Jessica Farr as the board representative to Awake Palmer Lake as a non-voting ex-officio member to ensure transparency and facilitate communication.

In addition to these appointments, Palmer Lake Police Chief Jason Vanderpool administered the oath of office to new officer Stafon Stevens.

**Above (L to R):** At the Jan. 12 Palmer Lake Board of Trustees meeting, Police Chief Jason Vanderpool administers the oath of office to new officer Stafon Stevens. *Photo by James Howald. Caption by Jackie Burhans.*

Trustee Karen Stuth resigned from the board before the Local Licensing Authority meeting on Jan. 12.

Water tap fees and usage rates increased

The board voted to increase water tap fees and water usage rates by 7%. Collins explained that this increase was needed to make up for increases that had not been done previously as scheduled in 2019, and the new rates were added to the town’s Master Fee Schedule.

Resident Roger Mosely commented that, in his opinion, the rate increases were not adequate and usage rates should be increased to $30 per month

The board voted in favor of Resolution 13-2023, which increases the two rates by 7% in 2023 and by 3% in following years. Trustees Ball, Dreher, and Stern, along with Mayor Havenar, voted in favor and Trustees Farr and Samantha Padgett voted no.

The board also directed Collins to proceed with a more comprehensive analysis of the water fund, passing resolution 17-2023 on Jan. 26 to authorize an amount not to exceed $6,000 for Christopher Brandewie to perform the professional services.

The amended Master Fee Schedule was also approved, with Ball, Dreher, Havenar, Padgett, and Stern voting in favor and Farr voting no.

Maximum sign size established

The board voted in favor of Ordinance 1-2023, which amends the town’s code governing signs to specify a maximum size of 40 square feet and give businesses 60 days to comply with the new requirements.

Ambulance agreement terminated

Interim Fire Chief John Vincent told the board that the town’s agreement to get ambulance service from Monument Fire District (MFD) required 90 days’ notice to terminate. Vincent said the agreement allowed MFD to bill the town for each ambulance trip in addition to billing the recipient of the service. Vincent said the principle of mutual aid was enough to get the same level of service but at a lower cost. The board voted unanimously to terminate the agreement. See MFD article on page < 21 >.

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The next board meetings are scheduled for Feb. 9 and 23. 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.