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Home My WebLink AboutMINUTES Town Board 2019-09-10Town of Estes Park,Larimer County,Colorado,September 10,2019 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park,Larimer County,Colorado.Meeting held in the Town Hall in said Town of Estes Park on the 1 0th day of September,2019. Present:Todd Jirsa,Mayor Trustees Carlie Bangs Eric Blackhurst Marie Cenac Patrick Martchink Ron Norris Ken Zornes Also Present:Travis Machalek,Town Administrator Dan Kramer,Town Attorney Jackie Williamson,Town Clerk Absent:None. Mayor Jirsa called the meeting to order at 7:00 p.m.and all desiring to do so,recited the Pledge of Allegiance. SWEARING IN CEREMONY Town Clerk Williamson conducted a swearing-in ceremony for newly elected Trustee Eric B!ackhurst. AGENDA APPROVAL. It was moved and seconded (Cenac/Norris)to approve the Agenda,and it passed unanimously. PUBLIC COMMENTS. Greg Rosener/Town citizen stated issues brought up during the recent Recall Election could have been dealt with by the Board,and stated the Board members have an obligation to address concerns of the citizens.He requested the Board develop a process to address future violations of public trust. TOWN BOARD COMMENTS Trustee Cenac commented the Rodeo Committee would be attending the Cervi Ranch/Rodeo stock contractor to serve food to the cowboys. Trustee Bangs stated she and Town Administrator Machalek attended a recent Department of Local Affairs (DOLA)meeting on housing.The Transportation and Advisory Board (TAB)and Sister Cities Committee would meet next week. Trustee Norris reminded the public the Estes Valley Planning Commission would meet on September 17,2019.The Town Board and Larimer County Commissioners would hold a joint meeting on September 30,2019 to continue discussions on the future of land use planning within the Estes valley. Trustee Blackhurst stated the Estes Park Housing Authority would hold its monthly meeting on September 11,2019 in the Hix meeting room at the US Bank building.He thanked his fellow Trustees and staff for providing information and bringing him up to speed on current issues.He announced he would have upcoming conflicts of interest on items before the Board and he would recuse himself when appropriate. TOWN ADMINISTRATOR REPORT. None. 1.CONSENT AGENDA: Board of Trustees —September 10,2019—Page 2 1.Bills. 2.Town Board Minutes dated August 27,2019 and Town Board Study Session Minutes dated August 27,2019. 3.Board of Appeals Minutes dated May 9,2019 (acknowledgment only). 4.Family Advisory Board Minutes dated August 1,2019 (acknowledgement only). 5.Consultant Contract for 2019 Facilities Master Plan with Studio Architecture,LLC for $180,000 (budgeted). 6.Resolution 27-19 Lease a Portion of 1180 Woodstock Drive to KREV-LP. 7.Resolution 26-19 Lease a Portion of 1180 Woodstock Drive to Peak Broadband, Inc. It was moved and seconded (Norris/Zornes)to approve the Consent Agenda Items,and it passed with Trustee Blackhurst recusing himself due to a conflict of interest on Item 6 and 7. 2.ACTION ITEMS: 1.MAYOR PRO TEM.Mayor Jirsa nominated Trustee Cenac stating she has the most years of experience with policy governance and she has made herself available to attend events the Mayor has not been able to attend.Trustee Zornes stated he would prefer the Board consider the appointment of either Trustee Norris or Trustee Martchink due to their tenure on the Board. It was moved and seconded (Jirsa/Cenac)to nominate Trustee Cenac as Mayor Pro Tern.No vote was cast as the substitute motion passed. A substitute motion was moved and seconded (Zornes/Martchink)to nominate Trustee Norris as Mayor Pro Tem,and it passed with Mayor Jirsa and Trustee Cenac voting “No”. 2.RESOLUTION 29-19 SUPPLEMENTAL BUDGET APPROPRIATIONS. Finance Director Hudson outlined amendments to the 2019 Budget to address additional projects and activities that were not known or included in the original budget,including Police Canine Unit,consolidating the Facilities Need Assessment in the Community Reinvestment fund,and de-bruced TABOR revenue transfers.It was moved and seconded (Zornes/Martchink)to approve Resolution 29-19,and it passed with Trustee Cenac abstaining. 3.INITIATED ORDINANCE PETITION —TO PERMIT THE OPERATION OF MARIJUANA FACILITIES WITHIN TOWN LIMITS.Town Clerk Williamson reviewed the Initiated Ordinance to allow the operation of marijuana facilities within town limits,stating the petition was received on July 31,2019.The Initiated Ordinance was submitted to the Clerk with 17 petition sections containing 366 signatures.A Statement of Sufficiency was established on August 28,2019 with 271 verified signatures meeting §31-11-1 04 CRS requirement for a petition to be signed by 5%(238)of the registered voters at the time the petition was certified by form.The Town Board’s options are limited to (1)adopt,without alteration,the Initiated Ordinance as proposed,Ordinance 23-19,or (2)refer the Initiated Ordinance to the registered electors of the municipality at a regular or special election,held not less than 60 days and not more than 150 days after the Statement of Sufficiency by adopting Resolution 26-19.The adoption of the Resolution would set the question,establish the date of a special election and set the election as a mail ballot election if adopted as written.Due to the date in which the petition was submitted to the Town Clerk and the 40-day protest period ending on September 9,2019,the Town Board was unable to consider adding this item to the November 5,2019 Coordinated Election.In order to place the Initiated Ordinance on the ballot in November,the Board would have had to certify the Board of Trustees —September 10,2019—Page 3 ballot language on September 6,2019 prior to the protest period end date.If the consensus of the Board is to set a Special election,the Board would have to select a Tuesday between December 8,2019 and January 7,2020.The available dates would include December 10,2019,December 17,2019,December 24,2019, December31 2019 or January 7,2020.Staff recommended December10,2019 as a mail ballot election date to allow ballots to be mailed and received by the voters prior to the holidays. Those speaking in favor of the Initiated Ordinance included Cam Bogener/Town citizen and petitioner,Travis Blair/Town citizen,Mason Tucker/Town citizen, Walker Calden/Town citizen,Caleb Machado/Town citizen,Lisa Gonzales/Town citizen and Carolyn Newberry/Town citizen and petitioner.Ms.Newberry also stated she would support a vote on the ordinance. Those speaking against the initiated ordinance and set a special election, included Ralph Oren/Town citizen,Brian Wells/Town citizen,Johanna Darden/Town citizen,Jay Lykins/Town citizen,Wendy Koenig-SchueffiTown citizen,Jane Rutledge/Town citizen,Bob Fixter/Town citizen,William Howell/Town citizen,Wayne Newson/Town citizen,Ester Cenac/Town citizen, Judy Howell/Town citizen,Pat Newsom/Town citizen,John Krueger/Town citizen, Ronald Keas/Town citizen,Joel Holtzman/Town citizen,and John Spahnle/Town citizen. Town Board comments were summarized:Blackhurst stated a previous Town Board passed an Ordinance in 2013 to place a moratorium on marijuana,and concluded the issue would be considered in the future through an initiated ordinance process and set for a vote;Zornes concurred with the motion to set a special election;Norris stated support for a special election to allow time for advocacy on the pros and cons of marijuana;Jirsa stated the importance of allowing the citizens to vote on the issue;Bangs stated support for the initiated ordinance and support for a special election;Cenac favors the motion to set a special election to provide citizens time to educate themselves on the pros and cons;and Martchink would support the motion.. It was moved and seconded (BlackhurstlCenac)to appove Resolution 26-19 referring Initiated Ordinance 23-19 to a Special Municipal Election on Tuesday,December 10,2019,and it passed unanimously. 3.REPORT AND DISCUSSION ITEMS: 1.STRUCTURE OF JOINT TOWN BOARD I COUNTY COMMISSION MEETING ON SEPTEMBER 30,2019.Director Hunt provided a recap of the last joint meeting between the Town Board and County Commissioners held on July 29, 2019.The next joint meeting to be held on September 30,2019 would continue the discussion with alternatives to be presented by the Town and County staff, including an alternative to extend the current IGA and a second to recast the IGA. Staff recommended a public meeting to receive public comment and to take action on a preferred alternative.Staff would then develop a final draft IGA for the elected officials to consider at the November 14,2019 meeting.The Board requested the draft alternatives be presented at the next Town Board meeting on September 24, 2019 as a report and discussion item. Whereupon Mayor Jirsa adjourned the meeting acye Williamson,Town Clerk Todd Jirsa