PALMER LAKE, COLORADO
Town Council Meeting Minutes

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FEBRUARY 9, 2006

The Palmer Lake Town Council meeting was called to order by Mayor McDonald at 7:03 p.m., February 9, 2006.

Attendees:

Trustees:
Mayor McDonald
Coleman
Cornell
Finan
Flake
Girlando
Parker

Attorney: Gaddis

Audience: 45

Pledge of Allegiance: Trustee Coleman

March Planning Commission Liaison - Trustee Flake (March 8 and 15, 2006)
April Planning Commission Liaison - Trustee Girlando (April 12 and 19, 2006)
May Planning Commission Liaison - Trustee Coleman (May 10 and 17, 2006)

Item 3: Approval of the Agenda

Mayor McDonald asked Item 9A - Vacation of a Portion of Clifton Hills be added.

TRUSTEE CORNELL MADE A MOTIONTO ACCEPT THE AGENDA AS AMENDED, SEONDED BY TRUSTEE FLAKE. MOTION CARRIED UNANIMOUSLY.

Item #4: Consent Items

  1. Approval of Minutes - January 5, 2006
  2. Payment of Bills - December 2005
  3. Payment of Bills - January 2006
  4. Business Licensee - Villa Décor
  5. Sign Request - Clara Jean's

TRUSTEE PARKER MADE A MOTION TO APPROVE THE CONSENT ITEMS AS PRESENTED, SECONDED BY TRUSTEE FINAN. MOTION CARRIED UNANIMOUSLY.

Item #5: Proclamation - Sertoma's Freedom Week - What Freedom Means to Me
Steven Bell, 8th Grade
Lewis-Palmer Middle School

Ted Bauman, President, Monument Hill Sertoma introduced this years winner of the essay contest, What Freedom Means to Me. Steven Bell read his essay. Mayor McDonald read the Proclamation proclaiming Sertoma Freedom Week - February 19 - 25, 2006.

Item #5: Committee Reports

Trustee Coleman - Fire

Trustee Coleman read fire stats from December 2005

Medical Calls 13
Fire Calls 10
Wildland Calls 3
Traffic Accident 2
Public Assist 3
Public Contact 2
Total Calls 33

Members of the department have cleaned the town hall chimney.

Trustee Cornell - Water

Residential taps 866
Commercial taps 47
Taps sold to date for 2005 11

December:

Gallons sold from tributary sources 5,575,317.00
Gallons sold from non-tributary sources -0-
Wastewater credits 0.00 acre feet

December:

Water Enterprise Fund balance $ 68,801.61
Water Capital Improvement balance 331,320.37
Water Enterprise Expenditures 33,005.84
Water Capital Improvement Expenditures 3,969.50

Trustee Finan - Police

 
Current
Previous
Custody Arrests:
2
5
Cases:
15
28
Traffic Citations:
35
25
Traf/Dog Warnings:
20
22
Dog Citations:
2
1
Total Calls for Service:
102
107

Trustee Flake - Parks and Recreation

Fitness for Fun has been launched in the Town Hall. Yoga and Pilate are offered on Tuesday mornings and Belly Dancing is offered Wednesday mornings.

Trustee Flake reported on a meeting with Tim Wolken, El Paso County Parks and Leisure and Cheryl Mathews, Douglas County Parks. Douglas County is planning on establishing an 'off leash' dog park on the Greenland Open Space. They are still looking for a way to accommodate more parking and to increase signage for safety when crossing County Line Road. Tim will look into what El Paso County can do in the way of signs. The issue of parking will be discussed at a future time.

Trustee Girlando - Economic and Community Development and Buildings

Trustee Girlando stated he would be meeting with Nicky Serbanescu sometime next week regarding a fundraiser for the fire engine.

Fundraising has begun for the fireworks. Flyers have been distributed to businesses offering publication and special seating for the different amounts pledged. Mailers will go out to residents in May, along with requests for donations to the smaller businesses.

Sylvia Amos, Palmer Lake Country Store, has been working on events planned from Saturday, July 1 to Monday, July 3. More information will be available once the logistics are worked out.

Trustee Parker - Roads

Trustee Parker asked for Mayor McDonald to sign a letter agreeing to in-kind work in the amount of approximately $3,000 to support the GOCO Grant being submitted by Palmer Lake Elementary School.

Mayor McDonald- Mayor's Report

Mayor McDonald asked for a motion to appoint Clerk Gray as Election Official.

TRUSTEE GIRLANDO MADE A MOTION TO APPOINT DELLA GRAY, TOWN CLERK, AS ELECTION OFFICIAL, SECONDED BY TRUSTEE COLEMAN. MOTION CARRIED UNANIMOUSLY.

Fountain Creek Watershed - Bob Miner

Mr. Miner reported that there was an error in the letter submitted regarding North Monument Creek, that Virginia is actually on South Monument Creek. He will get with Bob Radosevich to draft a cover letter.

Awake the Lake - Greg Cook

The committee is gearing up and getting ready to go again this spring. They are at approximately 2/3 with the paving project.

Trustee Coleman - Fire (Amended)

Trustee Coleman reported on the Fire Department's end of year report.

Medical Calls 383.5 hrs  
Fire/Other Calls 556.0 hrs  
  Total Calls: 939.5 hours
Fire Training 1,713.0 hrs  
Medical Training 601.5 hrs  
  Total Training: 2,314.5 hrs
Public Contact (15) 262.5 hrs  
Admin & Meetings 1,18.0 hrs  
  Total Volunteer Hours: 4,634.5 hrs

Item #7: Request for new Business License - Wred Wrock Enterprises - Marguerite Pond
702 Hwy 105 Lot #24-B
Palmer Lake Mobile Home Ranch
Landscaping

Ms. Pond stated she is the sole owner of the business Wred Wrock. She had not been a member of the business known as MGP Landscaping, owned by Glen Price since about August 2005.

Ms. Pond was asked why her name was listed on the application for MGP Landscaping, she responded Mr. Price had not been doing a good so he would not have anything to do with the new business.

Ms. Pond agreed to report to council on the progress of her business.

TRUSTEE PARKER MADE A MOTION TO APPROVE THE APPLICATION FOR WRED WROCK ENTERPRISES, SECONDED BY TRUSTEE CORNELL. MOTION CARRIED UNANIMOUSLY.

Item #8: Grant Award - Colorado Tennis Association

Trustee Flake spoke briefly on the history of this item, but to ask everyone to not dwell on this, but instead take care to what needed to be done.

Council expressed their disapproval of Mr. Makower's letter to the Tennis Association, postponing the awarding of the grant and questioning whether the board was supportive of tennis. The letter appeared to indicate that the grant was between Mr. Makower and the Colorado Tennis Association.

Trustee Flake stated she would contact Kristy Harris of the Tennis Association and see where they stood.

Council members stated they appreciated any citizen involvement in grant writing, but that any grant needs to come to the board for review before being submitted. The board could appoint a designee to act as spokesman for the town.

For the tennis grant, the check needs to be submitted to the town and any bid for resurfacing needs to be approved by the board.

Item #9: Discussion - Parking Highway 105

Trustee Finan as for the item to be posted until the March meeting, stated more time was need to talk to business, look at the posting of signs and gathering information from CDOT.

TRUSTEE FINAN MADE A MOTION TO DEFER ITEM 9# TO THE MARCH TOWN COUNCIL MEETING, SECONDED BY TRUSTEE PARKER. MOTION CARRIED UNANIMOUSLY.

Item #9A: Ordinance 2 - 2006 Vacation of a Portion of Clifton Hills

Attorney Gaddis gave a brief history of the issue of County Line Road being on private property and the need to mediate the issue. Ordinance 2 is the final step in clearing this matter.

TRUSTEE FINAN MADE A MOTION TO ADOPT ORDINANCE 2 - 2006, SECONDED BY TRUSTEE CORNELL. MOTION CARRIED UNANIMOUSLY.

Item #10: Conditional Use in M1-Zone for Communication Town for General Dynamics & New Cingular. - Frank Laird

Mr. Laird stated the requested tower, located at 579 County Line Road, would be no taller than 30 feet and would blend in the building. Any additions, except for internal technical components, would not be added without being heard by both planning commission and town council.

TRUSTEE COLEMAN MADE A MOTION TO APPROVE THE CONDITIONAL USE IN AN M1-ZONE FOR A TOWER FOR NEW CINGULAR, WITH THE PROVISION ANY ADDITIONALTOWERS OR CHANGES WOULD BE HEARD BY BOTH BOARDS, SECONDED BY TRUSTEE GIRLANDO. MOTION CARRIED UNANIMOUSLY.

Mr. Laird asked if this approval included addition or changes to internal technical components. Council members responded internal changes would not need to return for approval.

Item #11: Amendment to a PUD - Living Word Chapel - Brian Bucher

Mr. Bucher requested council approval to update the original master plan, with minor changes to the footprint and with the addition of tentative a timeframe for phases.

Before any phases are implemented, they will need to be approved by planning commission and town council. Planning Commission identified the main concerns as being drainage, increased traffic on/off Highway 105 and the proposed building in Phase 5 (located along the east property line).

TRUSTEE PARKER MADE A MOTION TO APPROVE THE AMENDMENT TO A PUD FOR LIVING WORD CHAPEL WITH THE CAVATE THAT EACH PHASE OF THE PROJECT IS TO COME BACK TO PLANNING COMMISSION AND TOWN COUNCIL, SECONDED BY TRUSTEE COLEMAN. MOTION CARRIED UNANIMOUSLY.

Item #12: Vacate and Replat (Lakeview Heights Unit 2 4th Amendment) - Carrie Johnson

Carrie Johnson, representing Herb Rae, presented a letter in which the applicant was requesting a change reducing the replating from three (3) lots to (2) lots. A second letter was submitted by Ms. Johnson from land surveyor, Jerome Hannigan, indicating an approximate 1% to 3% of any particular lot had been disturbed.

Council and citizen concerns:

  1. Disturbed area appears to be 25%.
  2. Height restrictions at the top of the lots will obstruct all views from the houses across the road.
  3. Original access was platted from Cathedral.
  4. Why allow these lots to access from Starview?
    Attorney Gaddis responded if a road runs in front of a lot, access cannot be denied.
  5. Onsite visit - could not establish the corners. Needs to be well flagged, including the tri-angular lot that will be used as an easement.
  6. Is the owner of the triangular lot aware his lot would be impacted by the disturbed area of the easement?
  7. Would the owner of the triangular lot attempt to obtain a variance in the future?
  8. How many more lots are going to be allowed to build without the 2nd access to the lower area?
  9. Can they be required to adopt the covenants currently in place for Lakeview Heights Filing 1?

Ms. Johnson asked for Planning Commission to form a committee to help find another access to the lots in Units 2, 3 & 4. She will have the lots resurveyed and stakes set.

TRUSTEE COLEMAN MADE A MOTION TO REFER THE ISSUE BACK TO PLANNING COMMISSION FOR THE NUMBER OF LOTS WITH A GOOD TOPO DRAWING WITH THE DISTURBED AREA SHOWING, SECONDED BY TRUSTEE PARKER. MOTION CARRIED UNANIMOUSLY.

TRUSTEE FLAKE MADE A MOTION TO TASK PLANNING COMMISSION AND FIRE TO DETERMINE WHAT, IF ANY, FURTHER DEVELOPMENT IN LAKEVIEW HEIGHTS, SECONDED BY TRUSTEE FINAN. MOTION CARRIED UNANIMOUSLY.

Break 8:50 pm to 9:01 pm

Item #13: Ordinance 1 - 2006 - Modify Water Rates

Trustee Cornell reported the Water Committee had met again on Monday, February 6. After discussing the recommendations from Integrated Utilities Group, a straw vote was taken. The decision of the committee was to recommend to council Option #1. Committee vote, 5 aye, 2 Nay.

Basic Rate of $28.00 - 0 gallons -

Commercial and Residential 0 - 15,000 - 2.86 per thousand or fraction thereof
Commercial 15,001 and up - 2.86 per thousand or fraction thereof
Residential 15,001 and up - 4.67 per thousand or fraction thereof

Those in favor of Option #1 stated:

  1. The $28.00 basic is there to pay for fixed cost.
  2. The per thousand gallon rate will be the same for everyone.
  3. The high end users will pay more than those lower than 15,000 gallons., if they do not want to conserve, then they will pay the price.
  4. Commercial use what water is needed, not as a luxury to keep extra lawns, trees, hot tubs, etc. that residential users consume.
  5. Council shied away from the 9% per year and instead will review each year.
  6. Calculations as to who would benefit and who would not are not really the issue, but pre-draught rates should be used, not the punitive rates. This would be considered a paradigm shift.
  7. Need to begin thinking to the future regarding supplementing water capital improvement funds.
  8. Water Committee showed due diligence in reviewing the issue. All meetings were open to the public.

Those in opposition of Option #1 stated:

  1. High end users would be getting a break; lower end users would carry the burden.
  2. There is no deterrent for the conservation of water.
  3. Water restrictions where put in place before the pre-drought rates had a chance to work.

TRUSTEE GIRLANDO MADE A MOTION TO ADOPT ORDINANCE 1-2006, AS WRITTEN, SECONDED BY TRUSTEE PARKER. POLL VOTE: AYE: TRUSTEES FINAN, PARKER, GIRLANDO, FLAKE AND MAYOR MCDONALD. NAY: TRUSTEES CORNELL AND COLEMAN. MOTION CARRIED.

Trustee Cornell stated, for the record, 'Your conservation will go out the window. Last year you didn't listen and you are not listening now'.

Item #14: Ballot Issues:

  1. Issue 1 - Retention of Excess Revenue for 2006
  2. Issue 2 - Retention of Excess Revenue for 2007
  3. Issue 3 - Retention of Excess 2008 to 2011 Fiscal ears Revenue
  4. Issue 4 - Sales Tax Increase (2% to 3%)
  5. Issue 5 - Term Limits

Council decided to divide Issue 4 into two separate Issues, asking for .5% increase for Police and .5% increase for Fire. To be known as Issue 4 and Issue 5. Term Limits was changed to Issue 6.

Issue No. 1
RETAINAGE OF EXCESS 2006 FISCAL YEAR REVENUE

SHALL THE TOWN OF PALMER LAKE, COLORADO, BE AUTHORIZED TO COLLECT, RETAIN AND EXPEND THE FULL AMOUNT OF REVENUES GENERATED FROM ALL SOURCES DURING THE FISCAL YEAR 2006 TO INCLUDE NON-FEDERAL GRANTS AND TO BE SPENT AS A VOTER APPROVED REVENUE CHANGE FOR PURPOSES INCLUDING, BUT NOT LIMITED, TO THE MAINTENANCE OF BUILDINGS, TO IMPROVE PARKING, ROAD MAINTENANCE AND TO DEVELOP WATER SUPPLIES, NOT WITHSTANDING ANY STATE RESTRICTIONS ON FISCAL YEAR SPENDING INCLUDING HE RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND 29-1-301(1)(A), C.R.S?

Issue No. 2
RETAINAGE OF EXCESS 2007 FISCAL YEAR REVENUE

SHALL THE TOWN OF PALMER LAKE, COLORADO, BE AUTHORIZED TO COLLECT, RETAIN AND EXPEND THE FULL AMOUNT OF REVENUES GENERATED FROM ALL SOURCES DURING THE FISCAL YEAR 2007 TO INCLUDE NON-FEDERAL GRANTS AND TO BE SPENT AS A VOTER APPROVED REVENUE CHANGE FOR PURPOSES INCLUDING, BUT NOT LIMITED, TO THE MAINTENANCE OF BUILDINGS, TO IMPROVE PARKING, ROAD MAINTENANCE AND TO DEVELOP WATER SUPPLIES, NOT WITHSTANDING ANY STATE RESTRICTIONS ON FISCAL YEAR SPENDING INCLUDING HE RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND 29-1-301(1)(A), C.R.S?

Issue No. 3
RETAINAGE OF EXCESS 2008 TO 2011 FISCAL YEARS REVENUE

SHALL THE TOWN OF PALMER LAKE, COLORADO, BE AUTHORIZED TO COLLECT, RETAIN AND EXPEND THE FULL AMOUNT OF REVENUES GENERATED FROM ALL SOURCES DURING FISCAL YEARS 2008, 2009, 2010, 2011 TO INCLUDE NON-FEDERAL GRANTS AND TO BE SPENT AS A VOTER APPROVED REVENUE CHANGE FOR PURPOSES INCLUDING, BUT NOT LIMITED, TO THE MAINTENANCE OF BUILDINGS, TO IMPROVE PARKING, ROAD MAINTENANCE AND TO DEVELOP WATER SUPPLIES, NOT WITHSTANDING ANY STATE RESTRICTIONS ON FISCAL YEAR SPENDING AND INCLUDING THE RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND 29-1-301(1)(A), C.R.S., AND THEREAFTER UTILIZE FISCAL YEAR 2011 DOLLAR AMOUNTS AS THE BASE UPON WHICH THE FISCAL YEAR 2012 SHALL BE CALCULATED?

Issue No. 4
SALES TAX INCREASE

SHALL THE TOWN OF PALMER LAKE, COLORADO'S SALES TAXES BE INCREASED BY APPROXIMATELY $75,000 ANNUALLY, INCREASING SALES TAXES FROM 2% TO 2.5%, COMMENCING 2007 AND CONCLUDING 2017, FOR EXCLUSIVE USE FOR ESSENTIAL POLICE SERVICES TO INCLUDE, BUT NOT LIMITED TO, THE HIRING OF AN ADDITIONAL FULL-TIME OFFICER AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED THEREAFTER, FROM THAT .5% SALES TAX, TO BE SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY, INCLUDING THE RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND 29-1-301(1)(A), C.R.S, AND WITHOUT LIMITING OR AFFECTING THE COLLECTION OR EXPENDING OF ANY OTHER REVENUES?

Issue No. 5
SALES TAX INCREASE

SHALL THE TOWN OF PALMER LAKE, COLORADO'S SALES TAXES BE INCREASED BY APPROXIMATELY $75,000 ANNUALLY, INCREASING SALES TAXES FROM 2% TO 2.5%, WITH THE UNDERSTANDING THAT IF ISSUE #4 IS SUCCESSFUL THE INCREASE IN SALES TAXES WOULD BE FROM 2.5% TO 3%, COMMENCING 2007 AND CONCLUDING 2017, FOR EXCLUSIVE USE FOR ESSENTIAL FIRE SERVICES TO INCLUDE, BUT NOT LIMITED TO, THE REPAYMENT OF DEBIT AND THE HIRING OF PERSONNEL AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED THEREAFTER, FROM THAT .5% SALES TAX, TO BE SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY, INCLUDING THE RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND 29-1-301(1)(A), C.R.S, AND WITHOUT LIMITING OR AFFECTING THE COLLECTION OR EXPENDING OF ANY OTHER REVENUES?

Issue No. 6
Term Limits

SHALL THE LIMITS ON THE TERM OF OFFICE OF MAYOR AND TOWN COUNCIL FOR THE TOWN OF PALMER LAKE, AS SET BY ARTICLE XVIII, SECTION 11 OF THE COLORADO CONSTITUTION, BE ELIMINATED?

TRUSTEE PARKER MADE A MOTION TO SUBMITT ALL SIX BALLOT ISSUES FOR VOTER APPROVAL FOR APRIL 4, SECONDED BY TRUSTEE FINAN. MOTION CARRIED UNANIMOUSLY.

Approved as written or amended this 9th day of March, 2006.

Nikki McDonald, Mayor
Della Gray, Town Clerk

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