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OCN > 2407 > Palmer Lake Board of Trustees, May 30, June 13 and 27 – Board approves concealed carry in sensitive spaces

Palmer Lake Board of Trustees, May 30, June 13 and 27 – Board approves concealed carry in sensitive spaces

By James Howald and Jackie Burhans

In addition to the two meetings in June, this article also covers the last meeting the Palmer Lake Board of Trustees (PLBOT) held in May, which was held after OCN went to press.

The three meetings addressed topics ranging from gun rights to land use issues. Chairperson Susan Miner updated the board on the work of the Elephant Rock Advisory Committee. The board discussed regulations for farmers markets, peddler’s permits and the process for granting special event permits. The board awarded a contract for water line and roadway improvements at Palmer Lake Elementary School (PLES). The board approved two special events. Town Administrator Dawn Collins gave the board an administrative update at the June 13 and June 27 meetings.

All three meetings included executive sessions.

Board opts out of state law prohibiting guns in sensitive spaces

At its June 27 meeting, Trustee Dennis Stern said he had gone to the Pikes Peak Regional Building Department (PPRBD) advisory committee and learned about a newly passed state law (SB24-131 Prohibiting Carrying Firearms in Sensitive Spaces) that goes into effect July 1. Stern noted that the law has an exception for police and that local governments can enact laws to allow carrying guns in sensitive areas. He said that resolution 37-2024 would allow concealed carry in sensitive areas, such as the Town Hall and administrative offices, in Palmer Lake.

Stern said he believed declaring any building or area a gun-free zone was asking for trouble because criminals don’t follow the law. Mayor Glant Havenar expressed frustration about rules being passed at the state level that were against the Colorado Constitution and that inhibited a local municipality’s way of life. She noted that she had a concealed carry permit and that as of July 1, she would no longer be able to walk into the Palmer Lake Town Hall or the administrative building with a gun in her purse. Havenar expressed support for the resolution, saying that if Palmer Lake didn’t stand up, no one else would. Trustee Nick Ehrhardt said emotions can rise in sensitive areas, and he has seen the consequences. He said he wanted to create a better world for his kids and grandkids and applauded the state’s efforts.

The board passed the resolution with a vote of four to one with Ehrhardt voting no and Trustees Kevin Dreher, Jessica Farr and Stern, as well as Havenar, voting in favor. Trustees Shana Ball and Samantha Padgett were excused from the meeting and did not vote.

Land use issues

At the May 30 meeting, the board held a public hearing on a request from Randy Allgood to replat his property at 95 Greeley Blvd. and a request from Ethel Engel to replat her property at 278 Lower Glenway St.

Allgood said his plan was to build four houses on the property, and the replat would change some easements to accommodate a shared access point for the four homes.

Jim Brinkman, a surveyor with Crossed Paths representing Engel, said there was a 7-foot discrepancy between surveys concerning the location of a right of way. The replat request used a survey originally done by Tim Wagner. Town Attorney Scott Krob said the replat could be granted and the discrepancy could be resolved later.

There were no comments from the public on either request, and the public hearing was closed.

The board voted unanimously to approve resolutions granting the requested replats.

At the May 30 meeting, the board considered Resolution 30-2024, which extends a temporary conditional use permit previously granted to Bruno Furrer and Loren Burlage for their property at 773 South Highway 105, which is used for the outdoor storage of hay. Two businesses, Diacut and HayCo, share the property. The resolution notes that Furrer and Burlage requested conditional use permits in 2022 and 2023 and specifies that all vehicles and equipment on the property must be screened from view from Highway 105 by July 1. The resolution also requires Furrer and Burlage to apply for a permanent conditional use permit that addresses screening by May 31, 2025 or cease use of the property. The board referred the issue to the Palmer Lake Planning Commission to clarify the dimensions of the fences needed to properly screen the equipment on the property.

At the June 27 meeting, Resolution 34-2024 to extend the temporary conditional use to Furrer and Burlage for 12 months with a deadline of Aug. 1 to complete the green privacy screening condition of 36 feet wide by 5.5 feet high as imposed by the Planning Commission was passed unanimously.

At the June 27 meeting, the board also passed Resolution 32-2024 to approve a lot line adjustment on Meadow Lane. At the public hearing, it was noted that the adjusted lot line would protect access to a new trail at Elephant Rock. The board voted unanimously to allow the adjustment. Erhardt recused himself from the hearing and the vote because his father, Kurt Ehrhardt, is the home builder.

Elephant Rock property

At the May 30 meeting, Miner told the board that the Elephant Rock property site planning subcommittee’s work was complete. The Arts Council subcommittee was working on an automated walk-through of the property, and the Parks subcommittee had completed about a third of its work. She said the Arts Council is working on the idea of a cultural district, which would open up funding opportunities. The Palmer Lake Economic Development Group is working on determining comparable sales. A recreation center is being considered, Miner said.

In terms of funding, Miner said opportunities from the state were being researched and sponsorships were being sought. Risk assessment was being considered for each of the options the committee was bringing to the board. Miner said an appraisal was needed.

At the June 13 meeting, Miner said the committee was preparing a final presentation for the board. She asked that a workshop be scheduled to present the plan so that the presentation would not be rushed by the need to consider other agenda items.

At the June 27 meeting, Collins told the board that a workshop had been scheduled for Wednesday, July 10 at 5 p.m. at the Town Hall for the Elephant Rock Advisory Committee to present its final plan to the board. Dreher, Farr, and Havenar were disappointed they would not receive a copy of the plan before the workshop so they could be prepared with questions.

Regulation for farmers markets takes shape

At the May 30 meeting, Collins told the board that town staff had received inquiries about a farmers market within town boundaries. She presented a draft of regulations that could be added to the municipal code. The draft requires the manager of the farmers market to obtain a license from town staff and to assume responsibility for all the vendors. The draft defines what can and cannot be sold at a farmers market: produce, handmade food and beverages, meat, honey and other handmade items are allowed; tobacco, firearms and electronics are prohibited. The draft requires the markets to be held on public property, but consensus of the board was that private property should be allowed.

Collins said she would re-draft the language based on the board’s discussion.

At the June 13 meeting, Collins presented an updated version of the code that included a $100 fee to be paid by the market’s manager, said licenses for vendors or peddlers would be handled separately, and markets are prohibited on residential properties.

At the June 27 meeting, Collins presented Ordinance 6-2024 Relating to Farmers Markets, which incorporated the board’s discussion, added enforcement language, and allows public or commercial properties to host the markets. The board voted unanimously in favor.

Peddler’s permits required

Related to its discussion of farmers markets, the board discussed permits for vendors and peddlers at its May 30, June 13, and June 27 meetings.

At the May 30 meeting, Collins suggested language that would exempt a peddler with an existing business license granted by the town from needing an additional peddler’s permit for special events and farmers markets. The draft specifies that a background check of applicants will be conducted by the town. The board directed Collins to refine the language, focusing on a streamlined process that would result in a permit good for one year.

Amended language was presented by Collins at the June 13 meeting that incorporated the one-year term for the license based on the calendar year.

On June 27, Collins reported that staff had reviewed peddler permit regulations at six municipalities including the town of Monument. Fees averaged $25, she said, and were meant to cover administrative costs. Some towns do a high-level background check looking for felony offenses or an outstanding warrant related to the proposed activity. Farr asked if a background check also was required for a business license and whether the peddler or business signed an agreement to the background check. Collins said she did not see that question on the application, and Krob said he didn’t know that it was required, but he advised it to be added.

Krob noted that peddler’s permits had been around for a long time and originally applied to people coming from out of the area and soliciting from door to door. Havenar asked if a peddler might be a felon who had served their time and turned things around and wanted to be in a farmers market; she said she was told that every vendor at the Wine Festival she owns had to get a background check even if they had done so previously. She asked if it was imperative that the town go through a one-hour process for every vendor. Collins explained that the code had been changed to require the background check only once per calendar year and that the background check itself only took five minutes of the one-hour processing time.

Farr said that the town couldn’t control everything and expressed concern about the time involved. Police officer Gene Ramirez spoke in defense of the background check, noting that someone could have a child-related issue or be prohibited from being around at-risk people, and the town could not know that even if the person seemed nice. He advocated for background checks and said that the police chief would as well.

Erhardt said business owners must follow rules and that it’s a level of protection he hopes is covered by the fee. Trustees Dreher and Stern agreed with Erhardt. Collins asked for direction, noting that there was a draft ordinance. Erhardt said the town should have some discretion on what would disqualify someone to avoid penalizing someone who was getting their life together.

The board did not vote on the proposed language at the June 27 meeting.

Special event permit process simplified

At the May 30 meeting, Collins noted that the town’s municipal code does not address special events. She presented language for the board to consider that requires special events to obtain a permit and defines criteria for denial, such as misinformation in the application, a conflict with a previously permitted event, or threat to public safety.

The language was reviewed at the June 13 meeting, and Collins suggested smaller events be approved by staff, without taking time from the board.

At the June 27 meeting, the board voted unanimously in favor of Ordinance 5-2024 Relating to Special Events, which lays out the process allowing for administrative approval of minor or recurring events while bringing large or new events to the board. All events would be announced at the board meeting, added to the calendar on the website, and announced on the town sign.

Roadway improvements at PLES

At the June 27 meeting, the board approved Resolution 35-2024, which awards the contract to West Fork Construction for PLES water line and roadway improvements on a vote of 4-1. As explained by Mark Morton of GMS Inc. Consulting Engineers, the costs were increased by $430,516 to cover an increase in scope, adding a water system, drainage system, and road surface improvements. The total award was $1.32 million, with the project cost including a 10% contingency. Farr voted no. Dreher, Erhardt, Havenar and Stern voted in favor.

Special events approved

Chris Medina requested a special event permit for a Funky Little Theater Company performance of The Last Train to Nibroc. The play will be staged at times to be determined between Aug. 2 and 17. Medina told the board he would like to have a long-term memorandum of understanding allowing the theater company to use the Palmer Lake Town Hall on an ongoing basis. At the June 27 meeting, the board passed Resolution 36-2024, which approves a memo of understanding with the theater company regarding its use of town facilities.

Amy Hutson, representing the Arts Council, asked the board to approve a special event permit for a Chautauqua event to be held between July 29 and Aug. 4. Classes, musical performances, films, cooking demonstrations and lectures will be part of the event. The board voted unanimously in favor of the permit.

Administrative updates

Collins told the board that the town’s website was being upgraded to comply with the Americans with Disabilities Act. Most changes would not be visible to users, she said. The CORE EV chargers will be completed the last week of June, she said, with a ribbon cutting planned after July 4. Concrete for the pickle ball courts being built on the west side of the Palmer Lake Regional Recreation Center has been poured and town staff is working on the permits for toilets near the courts.

Collins reported that tax revenue was above budget. The audit by the town’s insurer, Colorado Intergovernmental Risk Sharing Agency, is complete and the town’s deductible will increase from $2,500 to $5,000 due to the amount of hail and wind damage to town buildings.

Executive sessions

The May 30 meeting ended with an executive session to discuss the possible sales of public property and to consider negotiating positions. Following the executive session, the board reconvened to open session and passed Resolution 31-2024 that authorizes the mayor to sign a purchase and sales agreement.

The June 13 meeting began with an executive session to discuss the possible acquisition of an interest in real property and to discuss security to be provided by the Police Department and the possible hiring of a police chief.

The June 27 meeting ended with an executive session to discuss negotiating strategies and a possible annexation. No action was taken following the executive session.

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The next regular board meetings are scheduled for July 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.

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