PALMER LAKE, COLORADO
Town Council Meeting Minutes

JUNE 9, 2005

The Palmer Lake Town Council meeting was called to order by Mayor McDonald at 7:14 p.m., June 9, 2005.

Attendees:

Trustees:
Coleman
Cornell
Finan
Flake
Parker
Sumner

Attorney: Gaddis

Audience: 19

Pledge of Allegiance: Trustee Finan

July Planning Commission Liaison: Trustee Coleman
August Planning Commission Liaison: Trustee Finan

Item 3: Setting the Agenda

TRUSTEE PARKER MADE A MOTION TO AMEND THE AGENDA TO MOVE THE UPDATED COMMITTEE REPORT FOR AWAKE THE LAKE TO DIRECTLY FOLLOW ITEM #5, SECONDED BY TRUSTEE COLEMAN. MOTION CARRIED UNANIMOUSLY.

Item #4: Consent Items

1. Approval of Minutes - May 12, 2005
2. Payment of Bills
3. Business License - BNK Landscape
4. Business License - Colorado Turquoise Jewelry Company

TRUSTEE FINAN MADE A MOTION TO APPROVE THE CONSENT ITEMS, AS WRITTEN, SECONDED BY TRUSTEE CORNELL. MOTION CARRIED 5 AYES, 1 NAY.

Item #5: Water Issues - Ronni Sperling, Moses & Wittmyer

Ronni Sperling, Attorney, spoke on the different avenues available to the Town in order to obtain water right to fill the lake.

1. New Junior Rights - this will not give the Town much water because the water would only be available when we were in priority. Water may be available once every 10 to 12 years. This would be the easiest to obtain.
2. New Junior Rights - with augmentation - meaning we would need to find a supply of water further down river.
3. Exchange plan for augmentation - obtain the rights to put the water in the lake but would need to exchange other rights. This would require fulfilling the process of application, publication, a water resume published in local papers for 2 months, any statements of opposition would need to be worked out, it not the issue would then go to court.
4. Existing decree for usage, non-tributary (D-2 & A-2 only) - we would still need to find the water supply to augment when we were out of priority.
5. Change one of our water rights as decreed - surface water rights (the reservoir) adding recreational use. We would need to prove it would not injury other water rights. It will possibly take a couple of year to get through the courts. We would need to demonstrate the historical us of water, actual uses. This would be complicated and risky; the courts could decide to cut back on our usage, putting new limits on our existing rights. There is the potential for at least 6 to 12 objectors, plus the state.

Ronni recommended either option 2 or option 3. The biggest expense would be to find the water to augment. The use of the wells, a non-renewable source, would be drawing down the aquifers, and is not recommended as a long term solution.

Jeff Hulsmann, Awake the Lake, stated that through the Colorado Water Conservation Board it might be possible to get senior rights, to get real rights, for historical lakes.

Ronni responded it would be necessary to establish the lake as a natural lake, with in-stream flows. Water rights can be donated to the Water Conservation Board - Boulder had rights donated to them.

Jeff stated he had make contact with a party would was possibly willing to sell rights to the Town, senior rights 1870 or 1860. How would it be determined what they are worth?

Ronnie responded a water rights engineer would need to be hired. Water rights are like property rights, but the issue would still need to go to the courts to change the use.

Attorney Gaddis recommended Jeff, Mayor McDonald, Trustee Cornell, and Attorney Sperling meet after the regular meeting to get started with the purchasing of water rights. After this, the water committee should take responsibility for all water rights issues and confer with Attorney Sperling.

Item #8: Committee Reports

Awake the Lake - Jeff Hulsmann

Jeff continued with the Awake the Lake committee report. To date the committee has raised $22,587. The committee will continue raising funds for a long term goal. The committee will meet with the Colorado Water Conservation Board on June 21.

Shirts and hats are for sale at the Rock House. O'Malley's has shirts from the Poker Run. Pavers are for sale, the cost is $75.00 per paver. The committee needs to sell 150 to start the engraving; the committee is 35% of the way there. Trustee Parker asked if there was an expiration date for the funds from El Paso County for repayment for the water used? Jeff responded no.

The fishing derby had over 400 kids in attendance.

Trustee Coleman - Economic and Community Development and Buildings

Trustee Coleman reminded council about the Super Slab and that if the Town wants in on the ground floor we would need to pay $10,000 per year starting in 2006. We have the room for plenty of parking and the possibility of some sort of building.

The Star Committee will be meeting at 7:00 p.m. on June 23rd.

Trustee Cornell - Water

Trustee Cornell stated approximately 16 acre feet had been put into the lake.

Trustee Flake - Parks and Recreation

Trustee Flake reported plans for the Columbine Art & Music Festival, June 11, are going well with 20 artists and a band signed up.

The Palmer Lake Business Committee is planning events for the 4th of July with bands beginning to play around 2:00 pm. Trustee Flake asked for council to waive the peddler's permit fee.

Trustee Parker made a motion to waive permits and peddlers licenses for the 4th of July, seconded by Trustee Coleman. Motion carried unanimously.

Trustee Parker - Roads

Trustee Parker reported filings have been placed on Westward Lane and on the road to the maintenance shop.

Trustee Sumner - Fire

Trustee Sumner stated a Fire View Rescue convention will be held Thursday, August 11th, 6 to 11 pm at the Colorado Convention Center.

The Fire Department is holding a Pancake Breakfast at 8:00 am on June 11 in conjunction with the Columbine Festival.

Trustee Sumner informed the council that he had taken a position up north and will possibly be moving out of town.

Mayor McDonald - Mayor's Report

Mayor McDonald asked for the Meeting Rules to be printed on the back of the agendas. All persons wishing to speak need to come to the podium and state their name and address. All council members should raise their hands and wait to be recognized.

Trustee Finan - Police

Trustee Finan obtained approval from the council to direct Attorney Gaddis to draft an ordinance amending the Model Traffic Code regarding 'toy vehicles'.

Item #7: The Wee-Treat at Miss Sherry's - 459 Virginia Ave - Sherry Rodermund-Smith

Attorney Gaddis explained the difference between a Conditional Use and a Non-conforming Use. A Non-conforming Use would be, for example, Sundance Kennels. The kennel was there before zoning. The non-conforming use would be void if no activity was evident for a period of one year. A Conditional Use is when a small piece within a zone is granted a use outside of the zoning. All of Mrs. Rodermund-Smith's documents, as required when her business license was first approved, have been submitted to the Town Office.

TRUSTEE CORNELL MADE A MOTION TO APPROVE THE BUSINESS LICENSE FOR THE WEE-TREAT AT MISS SHERRY'S, SECONDED BY TRUSTEE COLEMAN. MOTION CARRIED UNANIMOUSLY.

Item #8: Request for a Vacation & Replat of Interior Lot Lines -
(71053-09-030, 71053-09-031, 71053-09-032)
Lots 7, 8, 9, 10, 11, 12, 13, 14, 85 & 86, Block C
Applicants Joan Lavelett and Ethel Engel

Joan Lavelett stated there were no changes from the item as presented during council workshop.

TRUSTEE COLEMAN MADE A MOTION TO APPROVE THE VACATION & REPLAT AS REQUESTED BY JOAN LAVELETT AND ETHEL ENGEL, SECONDED BY TRUSTEE FINAN. MOTION CARRIED UNANIMOUSLY.

Item #9: Request for a Preliminary\Master Plat - Major Subdivision
Vacation and Replat of Interior lot lines along with a rezone from an RA -
Residential Agricultural Zone (5 care) to a R1E - Residential Estate Zone (2.5 acres)
71084-03-022, Lot 2 Forest View Heights Filing #2
Applicant John and Susan Cressman

John Cressman stated there were no changes from the item as presented during council workshop and that he wanted council to be aware of his vested property rights.

Attorney Gaddis explained that vested property rights protect a landowner who has invested substantially in a project from any acts such as changing the zoning. Vested property rights entitle the landowner to be bought out in the event any action is taken that adversely affects the project.

TRUSTEE CORNELL MADE A MOTION TO APPROVE THE PRELIMINARY\MASTER PLAT, WITH THE VACATION AND REPLAT OF INTERIOR LOTS LINES AND THE REZONE FROM RA TO R1E, SECONDED BY TRUSTEE PARKER. MOTION CARRIED UNANIMOUSLY.

Item #10: Public Input

None

TRUSTEE PARKER MADE MOTION TO ADJOURN AT 8:30 P.M., SECONDED BY TRUSTEE COLEMAN. MOTION CARRIED UNANIMOUSLY.

Approved as written or amended this 14th day of July, 2005.

Nikki McDonald, Mayor
Della Gray, Town Clerk

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