Monday, September 8, 2025

The City Council met in a regular session at 7:00 p.m. in the Council Room with Mayor Crespin presiding.

Present:  Joe Gonzales, Shalah Mata, Gerry Jenkins, Kirk Crespin, David Zavala, Manuel Tamez, Brent Bates, Kristin Schwartz, Lance Clark

Absent:                   

Amend Agenda

Councilmember Bates moved and Councilmember Tamez seconded to approve to amend agenda adding new Item 7 – Discussion and Possible Decision of Lamar Utility Board Letter Regarding 2024 $350,000.00 Resolution, moving Item 7 to 8 and removing Item 9 Executive Session.

• Voting Yes:   Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates
• Voting No:    

Mayor Crespin stated “Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0”.

Consent Agenda

Councilmember Jenkins moved and Councilmember Mata seconded to approve the consent agenda Items 1-4. 

Item #1 – Approval of Council Meeting Minutes – 8/25/2025 & Special Meeting Minutes

     9/02/2025.

Item #2 – Approval of Minutes for Boards and Commissions

a)    Utilities Board – 7/29/2025, 8/12/2025

Item #3 – Payment of Bills

General Fund-Vouchers #102985 - #103076

Item #4 – License New/Renewals

           None

• Voting Yes:   Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates
• Voting No:    

Mayor Crespin stated “Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0”.

Audience Participation

Twyla Batterton, 1903 S 10th St. asked Council about the Lamar water, when will people be able to drink the water.  Mayor Crespin stated that there is nothing wrong with Lamar water.  There is a report done yearly that states everything about the Lamar water and there is nothing in the water that a person could not drink or would cause harm.  She was directed to where she could see that report or get a copy of it.  She also had questions about a well that was put in by the fairgrounds that the residents in her area would be able to access.  Mayor Crespin stated that they would have to look into this and get back with her.  She also asked about the sand and rust in her water.  Again Mayor Crespin said that they would have to get back with her in regards to her questions, however did state that this could be coming from the pipes in and around Lamar.

City Treasurer Report

City Treasurer Schwartz stated that they have been working on quarterly grant report along with an EPA audit.  They will begin their kickoff meetings for the WWTP project and they were also made aware of a possible grant for the building of a new animal shelter.

She reported that they are in their seconded week of payroll configuration along with requisitions and PO’s.

City Clerk Report

None 

City Administrator Report

9/11 Tribute Memorial

Mayor Pro-Tem Tamez announced that the 9/11 Tribute Memorial unveiling of the bronze sculpture of Officer Jimeno will be Saturday, September 13, 2025, 10:00 a.m. at the curve by Big Timbers Museum.

7th Annual 5K Run/Walk – Anthony LaTour Memorial Fund

Mayor Pro-Tem Tamez announced that the 7th Annual 5K Run/Walk – Anthony LaTour Memorial Fund is Saturday, September 20, 2025, 7:00 a.m.

Lamar Area Hospice – Backyard Bash Fundraiser

Mayor Pro-Tem Tamez announced that the Lamar Area Hospice – Backyard Bash Fundraiser is Saturday, September 13, 2025, 6:00 p.m. at the Lamar Eagles.

• Tickets are $60.00, please call 719-940-7424 to RSVP

Lamar Elk’s Soccer Shoot

Mayor Crespin announced that the Lamar Elks Soccer Shoot is Sunday, September 14, 2025 at Thunder Stadium.  Registration begins at 1:00 p.m. and kicking starts at 1:30 p.m., free event for age 0-15 as of January 1, 2025.

Lamar Cub Scout Pack 223 Fundraiser

Mayor Crespin announced that the Lamar Cub Scout Pack 223 is starting their popcorn selling fundraiser, watch for booths or contact a Scouting family for details.

City Administrator Finalists

Mayor Crespin announced that we have four finalist candidates for the City Administrator position.  We will be hosting interviews on September 22-23, 2025 and a meet and greet will be September 23, 2025 at 6:00 p.m. at Tavern 1301.

Miscellaneous

None

Department Updates

Mayor Crespin reported that Parks & Recreation has been working on getting Escondido Field ready for the first LCC game, there will be more reported during the meeting.

Council Liaison

Councilmember Mata stated that the flag pole ceremony at the Court House was wonderful and the flag looks great.

Councilmember Bates stated that the 2-Shot Golf Tournament is still looking for some additional sponsors.

Mayor Crespin reported that he had a brief meeting with PMC and things are looking great for them.

NEW BUSINESS

Public Hearing for a Special Event Permit for the Lamar Chamber of Commerce to Host Beer Garden during Oktoberfest and Grant Permission for the Use of City Property

Mayor Crespin requested to open Public Hearing at 7:22 p.m. 

Councilmember Jenkins moved and Councilmember Bates seconded to open the public hearing for a Special Event Permit for the Lamar Chamber of Commerce to Host Beer Garden during Oktoberfest.

• Voting Yes:   Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates
• Voting No:     None

Mayor Crespin stated “Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0”.

Mayor Crespin asked if paperwork was in order and premises had been posted and publication given regarding the public hearing.  Interim Police Chief Ridder and City Clerk Williams responded as correct.

Mayor Crespin asked Applicant to give their presentation regarding the application.

Colby Brubacher and Cassie Hernandez gave presentation regarding this year’s Oktoberfest and Beer Garden.  They have strengthened parts of the fencing in areas they felt were weak by placing cattle panels there.  Tommy Dunagan will be doing the security again this year and will have 6-8 persons on site. 

Councilmember Gonzales suggested that they have wristbands available at the beer garden itself in case someone did not get one when they came in and Councilmember Jenkins suggested that someone be watching the area for any cups or cans laying around to be picked up.

Mayor Crespin asked if there was anyone against the Special Event Permit for the Lamar Chamber of Commerce to Host Beer Garden during Oktoberfest.

Galan Burnett, 800 S 6th, spoke against the Special Event Permit for the Special Event Permit for the Lamar Chamber of Commerce to Host Beer Garden during Oktoberfest.

Mayor Crespin asked if there were any further comments against the Special Event Permit for the Lamar Chamber of Commerce to Host Beer Garden during Oktoberfest; none received.

Mayor Crespin asked if there was anyone in favor of the Special Event Permit for the Lamar Chamber of Commerce to Host Beer Garden during Oktoberfest other than those who gave the presentation.

Don Williamson, 3 Cedar Hills stated that he was not necessarily for or against the beer garden, his suggestion is that the area around the horseshoe pits to the north of the enchanted forest be watched and monitored for individuals drinking.

Mayor Crespin asked if there was anyone else in favor of the Special Event Permit for the Lamar Chamber of Commerce to Host Beer Garden during Oktoberfest; none received.

Mayor Crespin asked Council if they had any questions or needed clarification on anything that had been presented; none received.

Mayor Crespin requested to close the meeting.

Councilmember Jenkins moved and Councilmember Bates seconded to close the public hearing for Special Event Permit for the Lamar Chamber of Commerce to Host Beer Garden during Oktoberfest at 7:38 p.m.

• Voting Yes:   Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates
• Voting No:     None

Mayor Crespin stated “Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0”.

Councilmember Bates moved and Councilmember Jenkins seconded to approve the Special Event Permit for the Lamar Chamber of Commerce to Host Beer Garden during Oktoberfest, give permission to use City property, and work with the Street Department to close rode between Enchanted Forest and Horseshoe Pit.

• Voting Yes:   Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates
• Voting No:     None

Mayor Crespin stated “Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0”.

Council Update Evergreen/DZ Construction Project Issue

Fire Chief Burkhart gave an update of timeline concerning the demolition of the back of the Evergreen Electric building on N. Main St.

• August 12, 2025 made aware of building demo, contacted building department regarding permits pulled for the demo.  Building Dept. stated that DZ Construction pulled permit to demo an interior wall, non-load bearing.  Response from DZ Construction was that they thought it would also be good for exterior.
• Told to stop work due to the fact more documentation needed to be provided and gave them a list of what they needed to provide.
  • Structural Engineer Report
  • Dust mitigation plan
  • Debris Management plan – asbestos
  • CDPHE Demolition Plan
  • §Local building permit
• August 13, 2025 Evergreen/DZ Construction hired Dustin Randall’s company to do a structural analysis of the project he also attested at that time what they have done is safe to be in.
• At this time both companies were given path to work towards and acknowledged what needed to be completed prior to starting work again on this project.
• On September 4, 2025 we were notified that they had begun working in the building again, they had installed roll-up garage door framing and sheeting over area that had not been inspected yet.
• Again reiterated that there is a stop work order and there could be no removal of the original bricks until full analysis is completed.
• CDPHE has been notified as well

Fire Chief Burkhart stated that there have been several contractors and community members calling and asking what is going on with this building and situation.  He stated that Mayor Crespin felt it necessary to provide information to answer some of their questions.

Mayor Crespin asked what actions such as fines or fees have been assessed towards them.  Fire Chief Burkhart stated that he has been in discussion with City Attorney Clark on this matter.

Councilmember Gonzales asked if we can have them tear down the wall for inspection based upon not being inspected before plywood was put up.

Fire Chief Burkhart stated that once we receive the asbestos report and CDPHE permit we will allow them to begin work, however they will have to remove the plywood to ensure framing was completed properly.

Councilmember Gonzales then asked if they complete these items can we legally impose fees or fines if they start work and remove bricks.

Mayor Crespin stated that they were given a listing of requirements months ago regarding the tear down of the exterior wall & building new.  They have been given multiple opportunities to do the right thing and have chosen not to.

City Attorney Clark stated that a complaint can be filed seeking penalties for no permits or following code.

Mayor Crespin also stated that he had spoken with both Evergreen and DZ Construction and with everything that the building department and fire department had given them to correct the issues they chose to still not do the right thing.

Councilmember Gonzales recommended moving forward with filing the complaint by the attorney.

City Attorney Clark stated that he just needed guidance in moving forward with filing the complaint, no vote is required.  With this he is directed to begin the filing of the complaint.

Pocket Park License Agreement

Parks, Recreation and Cemetery Director LaTour had brought to Mayor Crespin’s attention that Arkansas Valley Wind & Percussion had posted on Facebook that they were looking for someone to do maintenance and facility management at the Pocket Park.  Director LaTour stated that he had contacted Trevor LaCost who then told Director LaTour that they were going to be cancelling the agreement for the Pocket Park with the City.

Director LaTour stated that the discussion was they were cancelling the agreement due to the condition of the Pocket Park.  When asked for specifics he stated that there was trash always there and this was not the condition they had agreed upon.  He asked Trevor if they could meet to try to work things out and he declined.

Mayor Crespin stated following the conversation with Anthony he himself reached out by phone to on August 26th to find out what the intentions were, Trevor also stated that he would be cancelling the agreement.  Mayor Crespin advised him that per the agreement a 90-day written notice via certified mail would need to be sent and received according to the terms of the agreement.  Mayor Crespin tried to see if there was anything that could be done to remedy this issue.  Trevor told him that he had sent an email to him stating his concerns in March or April.  Mayor Crespin cannot find where he received and email from him.  Trevor told him this was the formal notice and he would get the letter out soon.  Mayor Crespin asked him to send the letter out soon so they can get the complete process in who takes care of cleaning and maintenance and utilities for the property along with notifying citizens that have already reserved the park for future use.  Mayor Crespin also sent an email on August 26th to validate what they had spoken about on the phone along with a copy of the actual agreement.  Mayor Crespin never heard back from Trevor so on September 2nd he sent another email again asking for the letter to be sent also pointing out concerns regarding their website taking reservations for the park when the city still has reservations that have been made.  This may become a liability if you take reservations and double book the park.  Mayor Crespin included City Attorney, Acting City Administrator Tamez, Trevor and Kathleen LaCost.  Mayor Crespin sent another email on September 4th again asking for official notice.  Mayor Crespin had city staff create an inventory of removable items from the park so we would know what we would need to do moving forward.  Mayor Crespin stated that as of today September 8th there has been no response.

Councilmember Bates made the suggestion that Mayor Crespin and Director LaTour try to meet with Trevor regarding this and take a copy of the agreement with them.

Escondido Field Contract with LCC

Councilmember Bates moved and Councilmember Tamez seconded to approve the IGA between Lamar Community College and City of Lamar for Cost Sharing of Escondido Field in the amount of $206,138.29 upon City Attorney review of cost and authorize the Mayor to sign.

• Voting Yes:   Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates
• Voting No:    

Mayor Crespin stated “Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0”.

Chapter 30 Publishing and Reading Requirements

Councilmember Mata moved and Councilmember Jenkins seconded to approve the publishing of Chapter 30 Ordinance by reference due to the length of the ordinance and include a link for those interested in reviewing the entire ordinance.

• Voting Yes:   Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates
• Voting No:    

Mayor Crespin stated “Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0”.

Liaison Appointments to Boards and Commissions

Councilmember Tamez moved and Councilmember Jenkins seconded to approve the changes in Liaison Appointments to Boards and Commissions for the Airport Board and Main St. Lamar Board.  Councilmember Mata will move to the Main St. Board and Councilmember Bates will move to the Airport Board.

• Voting Yes:   Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates
• Voting No:    

Mayor Crespin stated “Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0”.

Discussion and Decision of Lamar Utility Board Letter Regarding the 2024 Resolution of $350,000.00 Settlement Money

Mayor Crespin stated that he had received a letter from Lamar Utility Board Chairman Thrall in which he read in open session requesting the City of Lamar to rethink their decision to keep the $350,000.00 instead of putting it towards electric rates, that it would benefit utility customers more than water or sewer customers.

Councilmember Tamez moved and Councilmember Gonzales seconded to approve to retain the $350,000.00 the general fund.

• Voting Yes:   Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates
• Voting No:    

Mayor Crespin stated “Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0”.

Miscellaneous

None

Adjournment

There being no further business to come before the Council, Councilmember Jenkins moved and Councilmember Mata seconded that the meeting adjourn.

• Voting Yes:   Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates
• Voting No:     None

Mayor Crespin stated “Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0”.

The meeting adjourned at 8:34 p.m.

Linda Williams – City Clerk

Kirk Crespin – Mayo