OCN

Volunteers reporting on community issues in Monument, Palmer Lake, and the surrounding Tri-Lakes area

OCN > 2509 > Palmer Lake Board of Trustees, Aug. 6, 14, 28 – Board vacancy filled; land use code updated; annexation decision postponed

Palmer Lake Board of Trustees, Aug. 6, 14, 28 – Board vacancy filled; land use code updated; annexation decision postponed

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) met three times in August. At a workshop on Aug. 6, the board interviewed the final candidate for a seat on the board that was made vacant when Dennis Stern was appointed mayor. At the special meeting following the workshop, the board voted to fill the vacancy.

At the first regular meeting on Aug. 14, the board held a public hearing on an ordinance to update the sections of its municipal code that deal with zoning and land use. At the same meeting, the board heard a presentation regarding ways to develop the lodge at the Elephant Rock property and public comments. The meeting ended with an executive session.

At the second regular meeting on Aug. 28, the board scheduled a public hearing on the Buc-ee’s annexation, but that hearing was continued to Oct. 2 because the Planning Commission had not completed its review of the zoning issues brought up by the proposed annexation. See the Planning Commission article above. The board heard reports from town staff, board members, and public comments. The meeting included an executive session.

Final candidate interview

At previous meetings, the board interviewed Mike Boyett, Alex Farr, Beth Harris, and John Marble for the vacant seat on PLBOT. Mike Beeson, who currently serves on the Palmer Lake Planning Commission, was the last to be interviewed for the seat.

In his opening statement at the workshop, Beeson said he had lived in Colorado off and on since 1963. He served in several roles in the Air Force, including cryptologist and squadron commander. He earned an undergraduate degree in business, a master’s degree in public administration and a second master’s degree in national security. After retiring from the Air Force, he served as the chief of Human Resources at the Air Force Academy. He emphasized his leadership, budgeting, and management skills.

Trustees Shana Ball, Tim Caves, Kevin Dreher, Amy Hutson, and Atis Jurka asked Beeson the same questions they had previously asked the other candidates, including how Beeson would balance the town’s master plan against smart development; how he would attract business to the town; how the board, the town staff, and residents should work together; and how he would keep his emotions in check in tense situations.

Beeson referred frequently to his military background in his answers, said he would stay true to the town’s master plan, and said he would let his moral compass guide him and would make decisions based on fact. He stressed the importance of fire mitigation, said he would pursue the town’s initiative to add sidewalks, and would support arts and culture as foundations for the town’s economic development.

When Mayor Dennis Stern questioned Beeson, he asked a question that he had not asked of the previous candidates: He asked Beeson if he had signed all three recall petitions and the ballot initiative requiring annexations to be put to a vote instead of being decided only by the PLBOT. Beeson answered that he had signed one of the recall petitions and the ballot initiative. Beeson asked Stern if those signatures were disqualifying. Stern answered that he believed Beeson had already decided about the annexation of land for a Buc-ee’s travel center. Beeson said he had not decided because he had not seen the final presentation from the developer. Beeson offered to say which trustee he believed should be recalled, but Stern said Beeson had already answered his question.

After Beeson’s interview, Stern ended the workshop and, after a 10-minute break, opened the special session.

Boyett appointed and sworn in

After opening the special session, Stern said he had asked some but not all the other candidates if they had signed the recall petitions. He said he wanted to understand if the candidates had open minds about questions before the board. He said he “won’t be able to take any of those answers into consideration.” There were no public comments about the interview.

Stern asked the board for nominations to fill the vacant seat. Jurka nominated Beeson, and Hutson seconded the nomination. Dreher, Hutson, and Jurka voted for Beeson. Ball, Caves, and Stern voted no. The tie vote meant the nomination failed. Dreher nominated Boyett. Ball, Caves, Dreher, and Stern voted to appoint Boyett; Hutson and Jurka voted no, and the nomination passed.

Following that vote, the board voted unanimously in favor of Resolution 50-2025, which appoints Boyett to the vacant seat for the remainder of a term ending in 2026. Town Clerk Erica Romero administered the oath of office to Boyett.

Above: At the August 6 workshop and special meeting of the Palmer Lake Board of Trustees, the board interviewed candidates to fill the vacancy created when Dennis Stern stepped down to be appointed mayor. Mike Boyett, former waste plan operator at the Upper Monument Creek Regional Wastewater Treatment Facility was approved on a 4-2 vote and Town Clerk Erica Romero (left) swore in Boyett. Photo by Jackie Burhans.

Public hearing on land use code

At the Aug. 14 meeting, Stern opened a public hearing to discuss Ordinance 04-2025, which replaces the existing zoning and land use portions of the town’s municipal code with an updated version that the town contracted with Community Matters Institute (CMI) to draft. The work to update the code began in 2023 and was funded with a $15,000 grant. The grant requires the money to be returned by the town if the updated code is not approved by August 2025.

The debate focused on Article 17-1-80, which addresses the relationship of the land use code to the community master plan. The master plan has been discussed by the community recently as it relates to the town’s possible annexation of land for a Buc-ee’s travel center. Article 17-1-80 (b) of the updated code states: “Where a development proposal would be in substantial conflict with the Community Master Plan or other plan, an amendment to the Community Master Plan or other plan shall be required prior to any zoning or subdivision approvals, unless the Board of Trustees adopts a resolution making specific finding that such an amendment is not required.”

Jurka asked for clarification of “substantial conflict.” Because the Planning Commission worked with CMI to update the code, Stern asked Charlie Ihlenfeld, the chair of that commission, to comment. Ihlenfeld said he did not recall the Planning Commission discussing that portion of the code. Town Attorney Scot Krob said “substantial conflict” was difficult to assess numerically, and it would be up to the board to define it in a specific case.

Resident Beth Harris, who is running for a seat on the board in the election to be held on Sept. 9, urged the board not to adopt the language regarding the master plan, arguing that it “reinforces disregard” for the master plan and “throws the people’s will into the garbage” by requiring only a resolution by the board to circumvent it.

Harris said, “Moves like this buried deep in the packet make people distrust the board.” When Harris turned to address the audience instead of the board, Stern told her not to use the public hearing for campaigning and said she could use the public comment time to make further remarks on any topic she wished to address.

Resident Matt Beverly pointed out that the language in subsection (b) was not in the previous version of the code.

Resident Roger Moseley, like Harris a candidate for a seat on the board, argued that the town has not been well-served by CMI, calling the updated code a “worthless cut and paste job,” and objected to the changes to the caretaker house provisions, which he said abridged his property rights.

Caves asked Krob if it was possible to remove the language regarding the master plan and then approve the remainder of the amended code. Krob said it was possible, that doing so that evening would avoid the requirement for the town to return the grant money, and there was no time to return the code to the Planning Commission for additional editing. He went on to say the language regarding the master plan was inserted to address “unusual circumstances” and to give the board more flexibility. Harris said minutes from the Planning Commission indicated Krob had inserted the problematic language.

Following the discussion, Stern asked for a motion, and Hutson moved to adopt the amended code with Article 17-1-80 (b) removed. The board voted unanimously in favor of Hutson’s motion.

Real estate agent to develop Elephant Rock property

At the Aug. 14 meeting, the board heard a presentation about how the lodge at the Elephant Rock property might be developed by Greg Kaufman, a real estate agent and part owner of KCRE Advisors.

Caves introduced Kaufman and said the board’s goal was not to sell the lodge for the highest price but to find the right business that will generate tax revenue for the town in the long term. Kaufman said he was looking for a business that would generate $100,000 in tax revenue annually and would not sit on the property but would develop it immediately. He said he thought the lodge could provide revenue plus something the town does not already have, or at least “does not hate,” perhaps a wine-related business other than a vineyard.

Kaufman said he had been involved in many restaurant and brewery projects. He cited Monument Marketplace, Home Depot, Kohl’s, and Top Golf as businesses he had worked with. He said he can “create excitement and buzz.”

Hutson said the board required the business to be open before the land could be sold. Kaufman said that was not typical, but he liked a challenge. He said that he could not promise he could find the right business for Palmer Lake.

In response to a question from Jurka, Kaufman said the focus would be on the lodge, and the other two buildings would likely be torn down to provide parking space.

Stern asked Krob if he had reviewed the proposed contract with Kaufman. Krob said the contract could be approved that evening, subject to his later review. Cave said he wanted to move forward, and Hutson moved to approve the contract with Kaufman subject to Krob’s approval. The board voted unanimously in favor of Hutson’s motion.

Public comments

Three opponents of the Buc-ee’s travel center spoke against it during the public comment period.

Resident Martha Brodzik said she had submitted four Colorado Open Records Act requests and had never received the responses required by law. She said the annexation statement that the town released on July 25 was not a complete annexation agreement and was missing details such as who has priority when water restrictions are in place, the tiered water usage rate that Buc-ee’s would be charged for usage over 100,000 gallons per month, the tap fee for a 12-inch water tap, and who will pay various annexation expenses. She asked that the town respond to her requests for records.

Moseley said approving the Buc-ee’s annexation presented an ethical problem because the town would be forcing on surrounding communities a development it would never accept within its own boundaries.

Sean Sawyer, of Tri-Lakes Preservation, said he liked the decision to remove the language allowing the board to circumvent the master plan from its land use code and asked if the town was ready for the problems the travel center would bring it.

Executive session

The Aug. 14 meeting ended with an executive session to receive legal advice on three matters: a possible amendment of a sale agreement between the town and Twenty 1 Five, LLC; the proposed Buc-ee’s annexation and a possible draft annexation agreement; and the pending litigation between the town and Integrity Matters.

Public hearing on annexation rescheduled

At the Aug. 28 meeting, Stern noted that the Planning Commission at its last meeting had postponed its recommendation on the proposed Buc-ee’s annexation until Sep. 3 and said the board should wait to hold its hearing and vote until the Planning Commission had completed its work. Stern said a zoning change required a minimum of five trustees to vote in favor, and he wanted all trustees to be present for that vote. The first date all trustees were available was Oct. 2, and he proposed the matter be held over until that date. The board voted unanimously to make its final decision on the annexation on Oct. 2.

Following that vote, Krob addressed a second annexation petition that was announced at the Planning Commission meeting, which he referred to as the Chinn annexation. The Chinn annexation, he said, could impede Palmer Lake’s ability to move forward with its annexation. He told the board he had concluded that the Chinn annexation fails to meet legal requirements because it was not filed 10 days before Palmer Lake’s board meeting on Aug. 28 and did not involve the same territory as the Buc-ee’s annexation.

Recall election update

In her staff report, Town Clerk Erica Romero gave the board an update on the election to be held on Sept. 9, which will decide the recalls of Ball and Dreher and the ballot initiative requiring annexations to go before the voters. Romero said:

  • Ballots were emailed on Aug. 18 and can be returned by mail or in a ballot box at the Town Hall.
  • All ballots must be received by end of day on Sept. 9. Ballots postmarked on Sept. 9 but not received by that date will not be counted.
  • Replacement ballots are available at Town Hall.
  • There will be no in-person voting, and BallotTrax is not available to provide ballot status.
  • Six election judges have been chosen based on election judge experience and computer skills.
  • Each candidate and issue committee can appoint one election watcher to oversee the election.
  • Preliminary results will be posted as soon as possible on the town’s web page.

Information about the election is at www.townofpalmerlake.com/administration/page/elections.

Public comments

When El Paso County Commissioner Bill Wysong rose to speak, Stern asked if he was speaking as a commissioner, a private citizen, or in some other capacity. Wysong said his comments were “generic.” He reminded the board that their job was to represent the people, and it would not meet again before the recall election. He said he hoped the election would go well and everyone would be respectful of the outcome.

**********

The next regular board meetings are scheduled for Sept. 11 and 25. 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

Reader Interactions

Leave a Comment

Your email address will not be published. Required fields are marked *