The Pagosa Springs Town Council voted unanimously May 19 to deny a permit for a mobile gelato cart at the Scenic Overlook, citing the economic pressure on downtown merchants during the ongoing Main Street reconstruction, and voted 4-1 to uphold a subdivision approval that a local homeowners association had challenged on road safety and code interpretation grounds.
The applicant, Matthew Sherrill, sought an Outdoor Commercial Establishment permit to operate a solar-powered gelato cart at a fixed location on the overlook deck. The site is zoned open space and parks, which does not allow commercial uses, but the Land Use and Development Code gives the council discretion to approve exceptions on town-owned property. Senior Planner Katelyn Tunnell said the proposal met most technical requirements — the Fire Department had approved it, the applicant had developed a trash plan, and no parking conflicts were identified.
A public commenter who co-owns Bliss Scoops & Sweets on Main Street told the council that downtown brick-and-mortar businesses pay rent, utilities, insurance, and payroll year-round, while vendors enter only during peak tourist season. She said the reconstruction project, the relocation of the Fourth of July parade to Yamaguchi Park, and other downtown disruptions had already strained merchants. Council member Gary Williams said he values the vitality mobile businesses bring to town but agreed that placing direct competition across the street from an established merchant at this moment goes too far. Council member Leonard Martinez said the town needs to get through the construction period without jeopardizing the survival of businesses already doing everything they can. The council then directed planning staff to develop designated zones and operating rules for mobile vendors — a framework the town does not currently have.
The Neal-Platt appeal consumed the bulk of the evening. Property owner Rebecca Neal proposes to use a boundary line adjustment on 144 Wildwood Drive and a minor subdivision of an adjacent remnant parcel at 505B County Road 600 to create four total residential lots where two exist today. Mountain Vista Townhome HOA president Ron Barnum argued the combined result triggers the municipal code’s definition of a major subdivision — four or more lots — which carries requirements for paved roads, street lights, fire hydrants, and storm drainage that neither minor subdivision process requires. He also raised concerns about emergency vehicle access on a shared 125-foot gravel driveway with no turnaround, the absence of a stormwater study near a neighboring wetland pond, and the long-term maintenance burden the new lots would add to the HOA’s privately owned road.
Development Director James Dickhoff said the two procedures are separately eligible under the code, the combined lot count does not trigger a major subdivision as written, and the fire department raised no access concerns. Council member Brooks Lindner voted no, saying he cannot reconcile code language prohibiting adjustments that increase the number of lots with a process that takes two parcels from two lots to four. The other four council members sided with staff, with council member Gary Williams noting that requiring major subdivision status would raise development costs substantially and undercut the town’s housing affordability goals.
The council approved three traffic ordinances on second reading. Ordinance 1027 replaces the town’s 2003 Model Traffic Code with the 2024 version for Colorado municipalities. Ordinance 1028 updates the associated fine surcharge and point schedule. Ordinance 1029 aligns the municipal code with two Colorado Supreme Court decisions and with charter changes voters approved April 7. Municipal Prosecutor Clayton Buchner, appearing remotely, presented all three. All passed unanimously with no public comment.
The art board recommended, and the council approved, a contract with artist Mark Ray for a public sculpture at Centennial Park. The piece will incorporate decommissioned panels from the town’s geothermal heating system and is intended to soften the area around utility infrastructure near the park. The town budgeted $20,000 for the artist and $5,000 for signage. Town staff Amanda Gadomski managed the two-round competitive selection process.
Town Clerk/Finance Director April Hessman reported that the at-large council seat vacated in April has drawn no applicants despite newspaper and website postings. The deadline for letters of interest was extended to June 10, with an appointment planned at the council’s second June meeting.
Town Manager David Harris said sales tax is running approximately 1 percent below last year against an inflation rate of roughly 4.1 percent. He said at least one local hotelier has reported bookings are down for coming weeks, and the town will hold current spending levels while monitoring the summer.
Street and Cemetery Superintendent Brad Lattin briefed the council on two operational items. At Hill Top Cemetery, crews will conduct annual Memorial Day cleanup this week, with tree trimming and removal added this year based on a private arborist’s assessment. Work will be phased over a four-year cycle starting with the oldest section. On San Juan Alley — the route between the elementary school and the library — Lattin said he will distribute door flyers to affected residents next week presenting options including a speed dip or one-way conversion, and gather input before bringing a recommendation to the council.
Four students from Josh Kerr’s global science class at Pagosa Springs High School presented a proposal to cut three or four slots in a man-made levee along the San Juan River at an estimated cost of $15,000 to $20,000. The students used survey equipment to document that the levee restricts floodplain access and concentrates flood energy against the opposite bank. No action was taken.
The police chief noted that new officer Jonah Aragon, sworn in at the opening of the meeting, graduated at the top of his academy class.
The consent agenda passed unanimously. It included the May 5 meeting minutes, the April financial statement and payments, two grant application resolutions, and letters of support for Upper San Juan watershed and forest health partnerships developing a wildfire readiness action plan.
Council member Gary Williams announced the AIM Higher Scholarship committee selected two high school seniors as this year’s recipients. Town Manager Harris announced that Finance staff member Michelle is offering CPR certification classes this Friday from 2 to 7 p.m., with three slots open. The joint meeting with Archuleta County scheduled for the following evening was canceled; the next regular council meeting is June 2.
The council entered executive session at 7:49 p.m. to discuss the potential acquisition of property for a Reservoir Hill Park expansion, negotiating strategy on an intergovernmental agreement with Archuleta County covering tourism department staffing and the Lodging Tax Fund, and related legal questions.
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