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OCN > 2307 > Palmer Lake Board of Trustees, June 8 and 22 – Board repeals water emergency ordinance

Palmer Lake Board of Trustees, June 8 and 22 – Board repeals water emergency ordinance

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) held two regular board meetings in June, each preceded by an executive session. On June 8, the board repealed an ordinance declaring a water emergency and considered the creation of an enterprise fund related to water. It heard an update from Town Administrator Dawn Collins. It voted on two resolutions and considered participating in a block grant program and an advisory board. The board debated how to zone healing centers where patients can be treated with psylocibin mushrooms. A special event permit was approved. The June 8 meeting was opened with Palmer Lake Elementary School student Kaston Flake leading the pledge of allegiance.

At its June 22 meeting, the board heard a staff update from Assistant Town Clerk Julia Stambaugh. The board held public hearings followed by votes on two land use projects: the first a conditional use permit and the second involving requests to vacate rights of way and replat four lots into one. It heard a presentation on a grant for six pickleball courts planned for the west side of Palmer Lake just north of the pedestrian bridge. Finally, it granted a special event permit.

Water emergency repealed; enterprise fund considered

The board considered Ordinance 14-2023, which amends the municipal code to repeal a declaration of emergency regarding the water supply. Mayor Glant Havenar explained the change to the municipal code was necessary so that the board can proceed with its work on projects needed to maintain the water system which impact water rates. Town Attorney Matthew Krob said the town’s water infrastructure needs work and the emergency status would prevent lenders from funding needed improvements.

Resident Roger Moseley opposed the repeal, arguing that the town had not met the requirements to end the emergency such as acquiring new water sources. Moseley expressed concern that repealing the emergency would lead to more development subsidized by residents.

The board voted unanimously to approve the ordinance.

Trustees Samantha Padgett and Shana Ball said they were ready to move forward with the creation of an enterprise fund needed to finance the stormwater drainage project the board is considering. Collins provided a memo to the board with information regarding enterprise funds.

No motion was proposed, but the board agreed to move forward with the establishment of an enterprise fund.

Staff update, June 8

At the June 8 meeting, Collins updated the board on the status of the trail being designed on the Elephant Rock Property and on two recent resignations. She said a property owner next door to the Elephant Rock property had agreed to move an existing fence and the trail would be repositioned. She announced Deputy Town Clerk Julia Stambaugh had resigned her position to take a job in the private sector. Stambaugh was scheduled to stay through the end of June, Collins said. Collins also said Samantha Deeder had resigned from the Parks Commission.

The condition of Highway 105 south of Spring Street has been reported to the Colorado Department of Transportation, Collins said, and it has committed to patching the highway and improving the drainage.

Two resolutions passed

Police Chief Jason Vanderpool asked the board to approve Resolution 43-2023, which authorizes the renewal of a memo of understanding with all El Paso County agencies that those agencies will assist the Palmer Lake Police department in any case where a Palmer Lake officer is involved in a shooting. All officer-involved shootings must be investigated by an outside agency, he said. The memo, which covers a four-year period, has already been approved three times.

The board voted unanimously to approve the resolution.

Fire Chief John Vincent told the board that the LaFrance fire truck, built in 2001, one of two trucks owned by the department, had recently failed a pump test and was to be repaired. He said the truck needed too many repairs to remain in service and asked the board to approve Resolution 44-2023, which authorizes him to list the engine for sale. He said the funds from the sale would go to capital improvements or back into the budget.

The board voted unanimously in favor of listing the engine for sale.

Board agrees to join block grant program

Havenar asked the board to consider joining the El Paso County Community Development Block Grant (CDBG) program, which aims to address urgent needs, mitigate blight conditions, and benefit low- to moderate-income families using funds provided by the U. S. Department of Housing and Urban Development. It costs the town nothing to join, she said, and membership would help with grants and funding. Building these relationships ensures the town’s voice is heard.

The board voted to participate in the program and Trustee Ball volunteered to manage the town’s participation.

For many of the same reasons, the board decided to participate in the Community Development Advisory Board as well, which makes recommendations to the El Paso Board of County Commissioners concerning the use of CDBG funds. Ball volunteered to represent the town on the advisory board.

Healing centers zoned M1

The board debated Ordinance 15-2023, which adds healing centers where patients can receive treatment with psilocybin mushrooms to the list of conditional uses in areas zoned M1 general industrial. Havenar said no applications for healing centers had been received by the town to date, but she wanted to be prepared. Attorney Krob explained that if towns fail to establish zoning for the centers, then they can be anywhere in the town. Towns can’t refuse applications to create healing centers, he said.

The board voted to approve the ordinance, with Trustees Ball, Kevin Dreher, Nick Ehrhardt, Padgett, Dennis Stern and Mayor Havenar voting in favor. Trustee Jessica Farr voted no.

Special event permits granted

The board heard a request for a special event permit for The Springs 50 Trail Walk, which was held on June 9. Stambaugh, speaking on behalf of the applicant, told the board the event consisted of a group of 50 veterans walking from Palmer Lake to Fort Carson. The walk will provide a time for them to bond, Stambaugh said. The board voted unanimously to grant the permit and waive the event fee. The board also approved a permit for the Pikes Peak Library District to hold three concerts in the Village Green on Aug. 11, 18, and 25.

June 8 executive session

The board meeting was preceded by an executive session to receive legal advice regarding lease agreements at the Elephant Rock property, a possible annexation, and an Intergovernmental Agreement involving the Palmer Lake Fire Department, a complaint against the Palmer Lake Police Department and a personnel matter.

June 22 staff update

At its June 22 meeting, Stambaugh told the board that the audit of the town’s 2022 finances would be complete by July. She said the audit process was smoother this year because of recent changes to the accounting codes. Stambaugh said she expected the town’s insurance premiums to be lower due to improved training and compliance with CIRSA requirements. She mentioned tax revenues from the sale of adult use cannabis were beginning to come in and looked promising. She said the town was seeking an interim accounting service to help with bookkeeping and that Water Operator Steve Orcutt had provided feedback to GMS Engineering Inc. on their preliminary engineering report on stormwater drainage.

Conditional use permit granted

At its June 22 meeting, the board held a public hearing on an application by Curtis Claar for a conditional use permit in a Community Commercial (CC) zone. The permit would allow Claar to build a mixed-use commercial and residential building, with an electrical vehicle charging station in the parking lot, on a small triangular lot at the intersection of Primrose Street and Columbine Road. Claar’s application states the commercial portion of the building will house the office for his vehicle charging business and he will use the residential portion as his home. Claar said the Planning Commission had agreed to the concept. Ball said Claar’s proposal conforms with the town’s master plan.

There were no comments from the public and the hearing was closed.

The board voted unanimously to approve Resolution 45-2023, which allows Claar to move forward with his plan.

Rights of way vacated; replat approved

The board held two public hearings on applications from Cindy Powell and Duran Walton Ventures LLC to vacate rights of way on El Moro Avenue and on Bijou Avenue. A third hearing was held on a related application from Duran Walton Ventures LLC to replat 15 lots into five on which residences will be built. Havenar disclosed that she had been involved as a realtor in the sale of the lots a year previously.

During the first hearing, Krob pointed out that if the right of way for El Moro were granted, the town would still retain a right of way to build a trail on the property in question. The first hearing was closed quickly with no questions from the public.

During the second hearing, there were no questions about the vacation, but Drew Walton of Duran Walter Ventures LLC was asked about his plan to build on the replated lots. He said he intended to build small houses on the four lots, one for himself and his wife, and others for family members. The hearing was closed after that question.

There were no questions from the public on the third hearing.

Following the public hearings, the board voted unanimously in favor of Ordinance 16-2023, which vacates El Moro Avenue, Ordinance 17-2023, which vacates Bijou Avenue and Resolution 46-2023, which approves the requested replat.

Grant for pickleball courts

Tim Cares and Mike Pietsch told the board they had been offered a $250,000 grant to build six pickleball courts and a bathroom on the west side of Palmer Lake just north of the pedestrian bridge. The design they submitted, however, locates the courts over a water line, a pipeline that carries water. Acceptance of the grant would require the water line to be moved. They asked for the board’s thoughts on whether the grant should be accepted.

Havenar said she met with Cares, Pietsch, Orcutt, and Reid Wiecks of the Parks Commission. Other locations for the courts were discussed and rejected. Orcutt expressed concerns about the cost of moving the water line. She added that Awake the Lake (ATL) had committed some funds to the project.

Ball argued for accepting the grant even at the price of moving the water line.

Pietsch explained the courts would be for day use only, with no additional lighting. The courts would be open to the community at no cost but would also generate revenue by charging leagues and tournaments. In response to a concern from Trustee Kevin Dreher about possible cost overruns, Pietsch said ATL had pledged $100,000 over the amount of the grant.

Pietsch said the next step, if the town approved, would be to work on a more formal design for the entire project.

Krob advised the board to see more details before authorizing Cares and Pietsch to accept the grant.

June 22 executive session

The June 22 board meeting was preceded by an executive session to receive legal advice on a complaint involving the Palmer Lake Police Department, on a grant, and on a lease.

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The next board meetings are scheduled for July 13 and 27. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Meetings are typically held on the second and fourth Thursdays of the month at the Town Hall. Information: 719-481-2953.

James Howald can be reached at jameshowald@ocn.me. Jackie Burhans can be reached at jackieburhans@ocn.me.

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