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OCN > 2411 > Palmer Lake Board of Trustees, Oct. 10 and 24 – Board begins “flagpole annexation” process for Buc’ees travel center on I-25

Palmer Lake Board of Trustees, Oct. 10 and 24 – Board begins “flagpole annexation” process for Buc’ees travel center on I-25

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees set a date for a public hearing on a set of six requests to annex portions of County Line Road and land just east of I-25 at which a Buc’ees travel center would be located. Town Administrator Dawn Collins presented a proposed budget for 2025, and the board set a date for a public hearing on it. The board authorized the demolition of six cabins on the Elephant Rock property. The town’s code regulating outdoor burning was amended.

Town Attorney Scott Krob summed up recent changes to state law and case law that might affect Palmer Lake. In her administrative report, Collins introduced the town’s newly hired parks maintenance technician and code compliance officer and discussed flooding at the police station. The board heard a petition from residents concerning excessive noise from a house in Red Rocks Ranch owned by developer Matt Dunston.

The Oct.10 meeting included an executive session after which the board voted to sign a disconnect for the United Congregational Church.

Proposed travel center requires “flagpole annexation”

In the packet materials for the Oct. 24 board meeting, Collins documented the receipt of six requests to annex property east of the town, including the south half of County Line Road and two parcels just east of I-25. She outlined the town’s obligations when requests for annexation are received: The clerk must bring the requests to the board at its next meeting, and the board must set a date for a public hearing to determine if the requests meet the legal requirements for annexation. She emphasized that the resolution before the board was only to set a hearing date and not to decide whether the annexation was legal or in the best interests of the town.

This would be considered a “flagpole annexation,” which refers to a practice where a municipality acquires new territory that is connected to an existing territory by a thin strip of land. The strip of land resembles a flagpole.

At the Oct. 24 meeting, Mayor Glant Havenar introduced Resolution 52-2024, which sets Dec. 12 as the date for the annexation eligibility hearing. She said the resolution was only procedural.

Trustees Shana Ball, Kevin Dreher, Nick Ehrhardt, Jessica Farr, and Dennis Stern voted in favor of the resolution, along with Havenar. Trustee Samantha Padgett voted no.

Buc’ees currently operates one travel center in Colorado, a 74,000-square-foot building in Johnstown with 116 fuel pumps and 275 staff members.

Proposed 2025 budget presented

Collins said the draft budget “has a bit of everything,” and she expected objectives and priorities to be made “to bring this to balance.” The board voted unanimously to hold a public hearing on the budget at its Nov. 14 board meeting.

The draft budget is available on the town website here: https://www.townofpalmerlake.com/media/16056.

Contract to demolish cabins awarded

At the Oct. 10 meeting, Collins reviewed the recent decisions regarding the six cabins on the Elephant Rock property. She said that last fall the board had asked for quotes to demolish the cabins and had set a maximum of $70,000 for the work. The demolition permit from the state required an asbestos report, which revealed the presence of asbestos. The asbestos was abated, she said, and the Fire Department planned to use the cabins for seven days of training. Three companies bid on the demolition work with bids ranging from $75,000 to $79,350. Collins recommended accepting the bid from West Fork Construction, which was the lowest of the three.

Trustees Dreher, Ehrhardt, Farr and Stern, along with Havenar, voted to award the demolition contract to West Fork Construction. Ball and Padgett voted no.

Chief reviews fire mitigation

At the Oct. 24 meeting, Palmer Lake Fire Chief John Vincent gave the board a presentation on fire mitigation on personal property. He reviewed the Hayman, Waldo and Black Forest fires and discussed the controlled burns currently going on at the town’s Elephant Rock property. He said there was a science and an art to controlled burns; they are more than just bonfires.

Vincent listed the three ways fire threatens a home: direct flame contact, radiated heat, and flying embers. Embers were the most dangerous to homes in Palmer Lake, he said. Vincent emphasized the importance of defensible space around homes and recommended clearing pine needles from the sides of houses. Wooden fences can act as fuses, bringing fire to homes. He recommended keeping 15 feet of open space around homes and being conscious of ladder fuels that let fire move into the tops of pines trees. He recommended using xeriscaping methods, planting native plants and shrubs, and working with neighbors to create defensible spaces.

Regulation of outdoor burning loosened

At the Oct. 10 meeting, Vincent asked the board to consider a draft ordinance to amend the town code to allow residents to burn small fuels on their property in a burn barrel if they obtain a $25 permit to do so. This would be easier than bringing the material to the town’s drop-off sites for slash at the Elephant Rock property and the dirt bike track.

At the Oct. 24 meeting, the board voted unanimously in favor of Ordinance 18-2024, which amends the town’s code as Vincent recommended.

Legislative and case law update

Krob gave the board a wide-ranging summary of new laws passed in the last legislative session and changes to case law that could impact the town or guide the board’s decisions on policy. The legislative portion of his presentation covered:

  • Accessory dwelling units.
  • Limitations on parking requirements
  • Use of artificial turf and native grasses.
  • A requirement that metropolitan districts have due process in front of an impartial tribunal.
  • Accessibility of websites.
  • Prohibitions on cell phone use while driving.
  • Lane splitting by motorcycles.
  • Possession of hallucinogenic mushrooms.

Regarding case law, Krob explained:

  • Changes to laws regarding “takings” and impact fees.
  • Enforceability of camping bans.
  • Social media use by public officials.
  • Criticism of public officials by public employees.
  • Governmental immunity from dangerous conditions created by maintenance.
  • Improper water line marking.
  • Use of service animals.
  • Open meeting laws.
  • Use of initiatives to contest zoning decisions.

Administrative report

In her administrative report, Collins introduced two newly hired employees: Carson Wolla, parks maintenance technician, and Jennifer Wilde, code compliance officer. Wilde was sworn in at the Oct. 24 meeting.

Residents ask for enforcement of noise ordinance

Twenty-five residents signed a petition asking the town to enforce its ordinance regarding amplified sound coming from a property at 4440 Red Rock Ranch Drive owned by developer Matt Dunston. The signers said the property was being used as a short-term rental. They had attempted to resolve the issue with Dunston, but the disturbances have persisted, they said.

Executive sessions

The Oct. 10 board meeting was preceded by an executive session to determine positions regarding a possible annexation and a resolution to litigation filed by the United Congregational Church. The executive session reconvened following the board meeting, and the board voted unanimously in favor of a motion to authorize the town attorney to sign a disconnect for the United Congregational Church.

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The next regular board meeting is scheduled for Nov. 14. The Nov. 28 meeting has been canceled to accommodate the Thanksgiving holiday. Meetings are 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.

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