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PACKET Town Board 2010-06-08
Prepared 6/1/10 Et CE- *Revised ./ 1.11 TOWN or ESTES PARI© The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, June 8, 2010 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated May 25, 2010 and Town Board Study Session Minutes dated May 25,2010. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services, May 27, 2010: 1. Special Events: a. MacGregor Avenue & Park Lane Closure August 14, 2010 for Firebird Car Show. b. Estes Valley Workforce Housing Assistance Program BBQ Fundraiser in Bond Park July 24, 2010. 2. REPORTS AND DISCUSSION ITEMS: 1. LARIMER COUNTY OPEN SPACE FUND UTILIZATION REPORT. Finance Officer McFarland. 2. MEDICAL MARIJUANA CENTER UPDATE. Attorney White. 3. TOWN BOARD LIAISON UPDATES. Board Members. 4. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. ACTION ITEMS: 1 INTERGOVERNMENTAL AGREEMENT: EVRPD & TOWN OF ESTES PARK FOR THE YOUTH CENTER. Attorney White. 2. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the AnpnriA WAR nrpnmrpri Jackie Williamson From: Admin iR3045 Sent: Wednesday, June 02, 2010 3:50 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2842 ST. TIME 06/02 15:37 PGS. 2 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR 1 May 8,2010 The Honorable Mayor Bill Pinkham and The Board of Trustees Mayor Bill Pinkham and Members of The Board: Re: Help Preserve Open Spaces Initiative In the Help Preserve Open Spaces Initiative there is a general statement on the use of open spaces. However, on page 4, number 9, ofthis initiative, it specifically indicates how 100% of the funds allocated to Estes Park are to be used. Page 4, number 9 reads: "9. THAT Larimer County shall create a separate account for the municipality of Estes Park; and that 100% of the revenue attributed to Estes Park from said sales and use tax and any investment income thereon which is attributed to Estes Park shall be deposited thereto; and that the revenue deposited shall be used to fund preservation o f open space, wildlife habitat and buffers to Rocky Mountain National Park and to provide trails as described in the Estes Park Hike and Bike Plan and the Estes Valley Trails Plan; and that a portion of the revenue shall be used for long-term management and maintenance of those purposes;" I do not believe the funds can be used for Bond Park. I have searched for maps and information on the Estes Park Hike and Bike Plan and the Estes Valley Trails Plan (in the comprehensive plan and elsewhere) and as far as I know Bond Park is not included in this initiative. Each town which has been allocated money has been given specific guidelines as to how money allocated to them is to be used. For example, Loveland can use their money for parks as well as other recreational purposes. I believe Estes Park cannot. I ask you to ask the town lawyer if it is legal to use open spaces funds designated in this initiative for Bond Park. The Larinier County Commissioners are not responsible for seeing that these funds are used according to the initiative. The Town of Estes Park is responsible for the proper use of fuiids allocated to us. 1 ask that this statement be entered in the Public Record. Sincerely yours, ofohanna Darden Full-Time Resident of Estes Park Residing at 501 Mac Gregor Avenue Estes Park, Colorado 80517 Brooke Musick District Executive 100 YEARS OF SCOUTING 6Zi4uz>, t,il £*Ant,u·g * ZDn/Z>uzz>~ 6Xhum67 Longs Peak Council Rocky Mountain District BOY SCOUTS OF AMERICA Office: 970-584-2206 2215 23rd Ave www. longspeakbsa.org Greeley, CO 80634 brooke.musick@scouting.org m,=PS,+ARIA G · -=relle Who's to blame for the Gulf oil gusher? We break it down gmt the 13*mirt, (,12, pi,~.e - 0-Le-#4 4 - - 4% F -1 fuuk 5% ta 0 - ' 90/ /0 / f.vo . We all know there's a lot of blame to go around for the ongoing disaster in the gulf. In the weeks since the Horizon rig first came unglued, all the principals in this mess have taken turns pointing fingers at one another. Now, it's our turn. We applied Grist's scientific, who's-fault-is-it-really, assessment method. The results are now in. And the proud winners are... BP, 37 percent Topped the chain of command on the Deepwater Horizon rig. Took risks to lower costs. Cut corners on testing cement. Failed to implement safety measures like an acoustic switch. Misled about its ability to prevent spills in deep water. Overruled crew objections on day of explosion. Grossly underestimated the rate of the spill. Minerals Management Service, 11 percent Long history of cozy relationship with oil and gas industry, including a busy revolving door. A "culture of ethical failure," [PDF] according to the Interior Department's inspector general, including scandals involving sex. drugs, and gifts from regulated corporations. Allowed oil and gas companies to set safety standards and procedures. Cut back number of safety inspections. Regularly granted oil companies exemptions from environmental studies.Top management overruled objections from staff biologists and engineers about safety and environmental impact. Let oil companies evaluate own performance, and even turn in reports written in pencil that MMS staffers would then trace over in pen. Failure to collect billions in royalties from oil companies -- "ajaw-dropping example of bureaucratic bungling," the inspector general says. Read more about MMS corruption and incompetence. Barack Obama, 9 percent Failed to make sweeping changes across the Interior Department and at the Minerals Management Service specifically, though it was clear i roni that start of his tenure that the agencies badly needed reform. (He's i inall>· acting nou.)Toodeferentialto BPonestimates of thedisasterts scale, on cleanup, and on use of dispersants. Too slow in projecting a "take charge" image and getting cleanup moving. Too slow in using the disaster to call for real reform of our energy system (though he is now finally doing so). George Bush & Dick Cheney, 9 percent Pushed more, more, more drilling -- offshore, onshore, everywhere. Staffed MMS with industry-friendly cronies and allowed it to become a "candy store" for oil and gas companies. Failed to reform MMS even when corruption scandals erupted. Hacked away at regulatory structure across the board, clearing the way for industry to do what it pleases. Congress, 5 percent Weak oversight of regulatory agencies like MMS. Failure to require cutting-edge safety measures, such as acoustic switches. Ongoing support, including tak breaks and incentives, for offshore drilling. Insufficient support for alternative sources of energy. Failure to pass effective and meaningful legislation to reform energy system. Transocean, 2 percent In charge of operation of rig, meaning that failure of any equipment, including blowout prevents, was its responsibility. Rig crew may have missed warning signals before explosion. Has vague emergency procedures. Halliburton, 3 percent Possible contamination of cement used to seal well at Deepwater Horizon rig. Possible leak of natural gas through cement seal. The Rest of Us, 22 percent We drive. We fly. We buy gizmos and food shipped long distances. We consume petrochemicals via our clothes, turniture, gadgets, painkillers, cosmetics, magazines, meals. And we don't fight hard enough to change the system. 10 ways cities and towns can kick the offshore-oil habit With the Gulf oil spill continuing unabated, powering a 21 st century economy on a 19th century fossil fuel looks less and less smart by the day. Luckily, we've got other options. I described the most promising steps the federal government could take toward reducing oil use in transportation systems last week. But local governments don't have to wait for federal action. Through smart land use, cities, towns, and many rural areas can give residents the option of driving less -- a direct way to stem the demand for offshore Cand foreign) oil. I spoke with leaders of the Smart Growth movement, along with advocates for economic justice, to learn about solutions that don't require new technology and, in many cases, pay for themselves. Want to do something in your own community to respond to BP's oil spill? Here are ten changes worth considering: 1 . Complete streets. Towns and cities can't rebuild their roadways overnight to make them safe for walkers, bikers, children, and wheelchair users. But they can pass Complete Streets policies that require all renovations and new roads to be designed for a full range of users, not just autos. Places as diverse as Charlotte, N.C., Salt Lake City, and Hernando, Miss. (pop. 6,812), have adopted such plans, which encourage traffic-calming elements like curb extensions, bike lanes, median islands, and pedestrian signals. - rlington County, Va.'s, most intense development follows its Metrorail line.Wikimedia Commons 2. Build near transit. Subway and light rail lines don't come cheap, so cities that have them should make the most of them by surrounding stations with useful services -- residential, retail, office, and medical space -- rather than parking lots. Development along the Metrorai] in Arlington County, Va., (right) is a textbook example. One caveat: New' transit stops drive up property values, so it's key to pair transit- oriented development with affordable housing measures to keep from pricing out low-income residents, according to Judith Bell, president of the Oakland equitable development nonprofit Polic>link. 3 . Let the market lead. Consumer demand for compact, transit-friendly development has been rising -- a recent study of construction trends found that urban neighborhoods have more than doubled their share of home construction in most metro areas. But many zoning codes make new compact neighborhoods illegal by requiring minimum lot sizes, street widths, street setbacks, and parking space. Removing these restrictions -- something small-government libertarians should support -- would address the problem of mandated sprawl. 4 . Demand density. Form-based zoning lets local governments decide the characteristics an area should have (say, mixed use and medium density), then require developers to meet those standards. Taxpayers have good reason to demand such proactive planning, since sprawling development requires more public spending on roads and water and sewage lines. The recession is a natural time to revisit zoning codes, said David Goldberg, author and communications director for Smart Growth America. "Obviously, in terms of building, we're not doing a whole lot right now," he said. "But the downturn is a good time to take a look at zoning codes and see where they are promoting the stuff that's bad for us in the long term." 5 •Cut parking. Few planning issues inflame emotions like parking, and few affect the quality of a place as much -- parking eats up space, reduces walkability, and adds an incentive to drive. Slashing parking won't fly everywhere, but towns can plan for parking areas to be redeveloped in the future, when other transportation options arrive. Many codes have arbitrary requirements -- four spaces per thousand feet of office space, or two spaces per bedroom -- that don't account for transit access and others surroundings. "There's no science to what most zoning codes require for parking," said Goldberg. "People go to war as though it were holy writ. But the truth is that these ratios were pulled out of the air a long time ago." 6. Free parking for car sharers. Car-sharing programs such as Zip Car and the Center for Neighborhood Technology's 1-GO take some 17 cars off roads for each one they add, according to CNT president Scott Bernstein. Cities, which control massive amounts of parking space, could encourage such programs by giving members free or steeply reduced parking. They could also designate those vehicles as transit, rather than rental cars, to reduce their cost. Many such programs run off sensor cards, which could be integrated with transit cards to encourage usage. -« Um i ~hri :44 ....... .k..4 4 Ve..,1 1 ': .,2*€ .7 Jt' 1 M' F I -2= i24-1 - 4 tojitt Bike corral in Portland--where else?Bikeportland.org 7. Bike corrals. In the low-budget category, street-side bike parking "corrals" fit more vehicles than parking spaces and leave sidewalks free for other uses. In Portland, Ore., 84 percent of merchants in a recent survey thought new bike corrals improved a streetscape. 8 . Be like Times Square. Last year New York City experimented with closing Times Square and stretches of Broadway to autos. The change proved so popular with retailers and tourists that the city made it permanent. Towns could do the same with downtown squares to privilege walking and biking and to signify that main streets are places in themselves, not just routes to somewhere else. - * ''' 'M. 5,9~.r.' A 11*13.'WR9322; r.: 1111 .,.1 1 .f? ; 9 . . 1,1 GU'Aty i *344, . -#''=-~Ii•~·~1 1~~V' t,i 11 *4 1 11 1 :1 -1 .1-24 *W ' Im I .+et 1 - . q K. 431 . i?E*h, le, 4 6 '1. 4 4., ·*. =2. H I I --- 1 -4 2 1%34..L - , 1 1/' : -'47 Rathausmarkt Bus Station, Hamburg, GermanyMatt Yglesias ~ . Electronic bus schedules. Posting real-time schedules at bus and rail stations removes guesswork and uncertainty from using transit, making it more appealing to occasional users. If your bus is 10 minutes late, you'll know it. Yes, there are apps that do this, but GPS-powered signs make it a public service. ~ ~ . Fight the powers that be. Even places that want to kick auto dependency face pressure from the petroleum industry, surrounding towns, and state transportation planners to add expensive highway and bridge projects. Leaders in the city of Seattle have fought tooth and nail to keep state politicians from building a $6 billion auto-only tunnel through the city's downtown. If cities want to add transit and bus service, they'll have to ward off short-sighted road expansions. Congress still controls some of the most important decisions for cutting the demand for oil. The Senate's climate bill -- the Anierican Power Act -- would include $7 billion a year to fund Smart Growth initiatives, according to one analrsis. And emergency operating aid to transit systems could have the largest short-term impact on oil demand -- 84 percent of networks have cut services, raised fares, or are considering such measures, according to the American Public Transportation Association. Those cuts fall hardest on low- income residents with few alternatives. Town Board Meeting June 8, 2010 Good evening, Quoting other people sometimes gives credibility to your position, but more often, it's used to compensate for a lack of effort and original content. In either case, I am going to read the words from two other people who have similar views as mine as to your practice of reciting the unconstitutional Pledge at our meetings. Harvey Fierstein is an actor, comedian, playwright, and activist for gay and lesbian rights. He is also an atheist who said the following: "We are lucky enough to be living in a country that not only guarantees the freedom to practice religion as we see fit, but also freedom from religious zealots who would persecute and prosecute and even physically harm those of us who do not believe as they do....If you refuse to salute the flag and say God in your pledge, you're actually judged un-American. But that's not the way America is supposed to be. That's the way Iran is....Predicating patriotism on a citizen's belief in God is as anti-American as judging him on the color of his skin. It is wrong. It is useless. It is unconstitutional." Of course Harvey is just an old queer Jew, not a real American. Recently I was led to this very clever 'letter to the editor' published in the Ventura County Star in California, in response to the Newdow Pledge ruling. "Once again a court has ruled that "under God" cannot constitutionally mean what it says; it must be a mere exercise in earthly cheerleading - the very definition of using God' s name in vain. The Knights of Columbus agree that "under God" means something else, and they should know - they invented it. They added "under God" to the Pledge to "give voice to a principle of American government [...] namely, that the fundamental rights guaranteed by our Constitution are 'endowed by our Creator'." One wonders why they didn't go for clarity and add "with fundamental rights guaranteed by our Constitution" instead. Of course, the Constitution does an excellent job ofgiving voice to our fundamental human rights, and it does so in completely human terms, without any reference to God, Jesus, or the Bible. The Knights apparently like the Constitution as it is, inasmuch as they left it alone and hijacked a poem instead. And as for my creators - David and Susan - they are great folks, but it glorifies no one to call them Gods. Thanks to the Knights of Columbus, reciting the Pledge is, literally, the least that you can do to glorify God." You may have guessed that my son Chris is the author; I couldn't be more proud. Of course I am proud of all freethinkers who have the courage to speak the truth in the face of miss-guided and harmful populism. Thank you, f f I 1 <3 \\ ,7 (EAL«.../ tr-U*tk--~_ David Habecker a V Town of Estes Park, Larimer County, Colorado, May 25, 2010 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 25th day of May, 2010. Meeting called to order by Mayor William C. Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Also Present: Greg White, Town Attorney Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Jackie Williamson, Town Clerk Absent: None A pre-meeting presentation by the Venture Crew 10 Scouting troop began at 6:30 p.m. The troop provided an overview of their recent visit to Costa Rica. Mayor Pinkham called the meeting to order at 7:15 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT Brooke Musick/Boy Scouts of America District Executive informed the Board the Boy Scouts would be celebrating 100 years of scouting on September 23-25, 2010 in Estes Park with approximately 3,000 participants. The main events would be conducted at Hermit Park with overtlow camping at the Stanley Park fairgrounds. David Habecker/Town citizen reviewed his opposition to the recitation of the 'Under God' Pledge performed by the Town Board at the beginning of each meeting and requestedthe Board refrain from reciting it in the future. Sandy Lindquist/Town citizen read a statement from the Association of Responsible Development (ARD) commending and supporting the Board for reviewing the Comprehensive Plan. ARD appreciates the consideration of local historic preservation, improvements in the Town's status as a gateway community to RMNP and development of a coherent open space plan. Charlie Dickey/Town citizen thanked the Board for the recent involvement with the downtown business community. He encouraged more conversation on the proposed constitutional amendments on the ballot in November. TOWN BOARD COMMENTS Mayor Pro Tem Levine stated he had the privilege to award the $2,500 Pride Scholarship to Scott Wenzel. Mayor Pinkham commented on the events taking place on Friday, May 280, includin~ the open of Trail Ridge road, ribbon cutting for the grand reopening and 60 anniversary of the Copper Penny, and a ribbon cutting for the riverwalk connection through the Park Theater Mall property. He also recognized the memorial service held for George Hix and commented on the years of service he provided the Town. Board of Trustees - May 25, 2010 - Page 2 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated May 11, 2010 and Town Board Study Session Minutes dated May 11, 2010. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities and Public Works, May 13, 2010: 1. Utilities: a. L&P and Water Financial Plans, HDR - $21,005, Budgeted. b. Renew IGA for IT, GIS Services and Engineering with City of Loveland. 2. Public Works: a. Permanent Underground Utility Easements - Prospect Avenue Project: 1. A portion of Lot 19, Little Prospect Mountain Addition, 631 Prospect Avenue - Daniel R. Deblasio and.Kathleen M. Kase. 2. A portion of Lot 19, Little Prospect Mountain Addition, 167 Stanley Circle Drive - George T. Edwards and Vivian L. Edwards. 3. A portion of Lot 19, Little Prospect Mountain Addition, 167A Stanley Circle Drive - Steve S. Miller and Ann M. Miller. 4. Estes Valley Planning Commission Minutes April 20,2010 (acknowledgement only). It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and it passed unanimously. Trustee Blackhurst thanked the citizens for granting the easements to allow the Prospect road project to move forward. 2. REPORTS AND DISCUSSION ITEMS: 1. GRANDSTAND PROJECT UPDATE. Deputy Town Administrator Richardson reported 87% of the budget has been th expended with a project completion date of June 14 . Staff continues to work with the contractor to resolve a bleacher system drainage issue, more specifically leakage of the system over storage areas. Tenant finish of the concession stand has begun. Trustee Miller requested the Town complete the external landscaping of the project within the same timeframe imposed on the private developer. 2. SALES TAX & FIRST QUARTER FINANCIAL REPORT. Finance Officer McFarland provided an overview of the first quarter financial report. Sales tax for the first quarter trails the budget by 8% and if the trend continues collections could come in at $6.56 million, down from the budgeted $6.9 million. Indicators used by staff to predict 2010 sales tax indicate a collect range of $6.56 to $6.78 million, a shortfall of $120,000 - $340,000. Town staff has begun to identify items in the 2010 budget that may be cut if the trend continues. Enterprise fund revenues are at 43% of budget with expenditures well below 33%. The fire pension fund has been transferred to the Estes Valley Fire District. 3. ESTES VALLEY FOREST ISSUES FORUM. Jim Austin/Forum member stated the Forest Service funded a study conducted by CSU to provide a community self assessment on how they relate to the Forest Service management practices. Four meetings were held in Estes Park Board of Trustees - May 25, 2010 - Page 3 during June through November 2008 to gather information. Dick Edwards/USFS provided an overview of the forum whose mission is to provide a communication link between land management agencies and Estes Valley residents for the exchange of information and ideas in managing forest resources. The community study identified specific issues including forest health and fire mitigation, lack of communication and limited USFS presence. The forum would like to identify and resolve issues, share information and become a venue for communication. To date the forum has developed a working group membership and structure, distributed a newsletter and set up a public email at forest.issues.forum@live.com. Mr. Edwards requested the forum provide the Board with an annual update, participation by Town Board members or Town staff and asked the Board to forward any ideas they would like the forum to address. The Board recommended the forum provided two updates per year. Mayor Pro Tem Levine was appointed as the Town representative on the forum. 4. TOWN BOARD LIAISON UPDATES. Trustee Elrod stated the Estes Valley Planning Commission (EVPC) would be forwarding proposed regulations for smaILwind turbines to the Town Board. These recommendations do not include a special use/review process as requested by the Town Board. The EVPC would begin reviewing PUD code language next and encouraged the public to provide input on the process. Trustee Ericson stated the Supporters of the Performing Arts (SOPA) are in the processing of interviewing fundraising companies to help move the project forward. Trustee Blackhurst stated the Estes Park Housing Authority (EPHA) vacancies are down for 2010. Rita Kurelja/EPHA Executive Director, the Loveland Housing Authority and John Hancock have been working to move the general partnership from the Loveland Housing Authority to the Estes Park Housing Authority. This process may take up to two years and may also include the transfer of two Loveland employees to manage properties in Estes Park. Trustee Koenig reported the Rodeo Hospitality Committee continues to collect donations from the business community for the hospitality gifts for the cowboys and their families. Trustee Miller reported the state-by-state response summary report compiled by the LMD demonstrates an increase in responses from states that have shown little interest in the past such as Arizona, Washington DC and Idaho. A lodging report continues to be developed. 5. TOWN ADMINISTRATOR REPORT. • Citizens can call the Trail Ridge Road hotline at 586-1222 to determine if the road is open. • Helping Hands Committee provided 2 scholarships to Kelley Doggett and Elizabeth Fonken. • Highway 34 would be closed Wednesday, May 26th to complete rock fall mitigation. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. Mayor Pinkham opened the Public Hearing for all Consent Agenda Items. 1. CONSENT ITEMS: A. PRELIMINARY AND FINAL CONDOMINIUM MAP Board of Trustees - May 25, 2010 - Page 4 1. Hall Condominiums, Lots 39 & 40, Hupp Addition, and Resubdivision of Block 6, Town of Estes Park, and a portion of a Metes and Bounds parcel, 160 W. Elkhorn and 154 Wiest Drive, Charles B. and Christine Hall, Applicants. B. AMENDED SUBDIVISION PLAT 1. Amended Plat, Portions of Lots 1 & 2, Block 2, 2nd Amended Plat, Town of Estes Park, 167 E. Elkhorn Avenue; 167 East Elkhorn, LLC/Applicant. Applicant requests continuance to June 22, 2010. As there were no comments, the Mayor closed the public hearing and it was moved and seconded (Koenig/Levine) the Consent Agenda be approved with Staff conditions of approval, and it passed unanimously. 4. ACTION ITEMS: 1. BOND PARK MASTER PLAN DESIGN ENGINEERING PHASES I & Ill. Administrator Halburnt provided a brief history on the development of the Bond Park Master Plan, and stated the funding for the implementation of the plan would come from the Larimer County Open Space fund. The cost of the entire plan completed in one phase has been estimated at $1.8 million versus $2 million to phase the project in 6 phases. Trustee Blackhurst provided a brief description of Phases I & 111 that would include a complete renovation of MacGregor Avenue and Park Lane to me¥e all festival activities out of the park and on to a hard surface. The Committee discussed the type of hard surface (colored concrete versus pavers), the need to access utilities in the future, and the maintenance of the area. The Committee recommended completion of an RFP for engineering of both phases due to drainage issues ~ and utilities in the area and begin constructian in the fall on Phase I. Charlie Dickey/Town citizen requested the Board consider a 10% local contractor preference for the project. Frank Theis/Town citizen voiced concern with the amount of money being spent on this project, and suggested the funds could be put to better use. He stated concern with the one-way of MacGregor Avenue. After further discussion, it was moved and seconded (Blackhurst/Ericson) to approve the allocation of $70,000 from the Larimer County Open Space fund #220-4600-462-35-60 to complete design engineering for Bond Park Master Plan Phases I and 111, and it passed unanimously. 2. BOARD OF ADJUSTMENT APPOINTMENT. Director Joseph stated an interview process was conducted to fill one Town position on the Board of Adjustment. During the interviews it was determined that both applicants were highly qualified. The interview committee recommends Pete Smith be appointed to fill the Town vacancy for a 3-year term beginning June 1, 2010 and appoint Jeff Moreau to fill an alternate position currently held by Bruce Grant for a 3-year term beginning June 1, 2010. It was moved and seconded (Levine/Blackhurst) to approve the appointments of Pete Smith and Jeff Moreau to the Board of Adjustment for 3-year terms expiring May 31, 2013 as listed above, and it passed unanimously. 3. COMPREHENSIVE PLAN UPDATE RECOMMENDATIONS. Director Joseph reviewed the final recommendation report from the Comprehensive Plan Review Committee and the status report on Chapter 7 Action Plan that outlined the items that have been completed and ongoing, Board of Trustees - May 25, 2010 - Page 5 partially completed or underway, partial progress or no progress and items identified as no longer relevant. Planning Commissioner Norris stated the Committee noted the original plan adopted in 1997 and statistically updated in 2008 continues to be a valid document. The Committee stated the importance of informing the citizens on the existence of the document, how it is used and what has been accomplished to date. Five items were identified by the Committee that were either not addressed fully by the original plan or were not included: 1. Continue to promote community diversity. 2. Provide improved guidelines for infill development and provision of open space. 3. Provide guidelines to promote sustainability of the community. 4. Continue work to implement a viable long-term transportation plan for the valley. 5. Provide guidelines for historic preservation in the valley. The EVPC requests feedback on the report from both the Town Board and the County Commissioners. The EVPC would develop a public input process and a communication plan with the Town Board Liaison to facilitate information to the Board as the process#itbves forward. Board discussion has heard and summarized: significant discussion has occurred regarding open space, add the word attract to item #1; economic sustainability should be the main focus of item #3; the report needs to be reviewed by the Board at a study session; the need to take a long term view for the issues listed; and the action plan should be reviewed yearly, questioned if the Committee discussed the items listed under partial progress or no progress to determine the reasons or prioritize the items. After further disdussion, it was moved and seconded (Blackhurst/Miller) to accept the Comprehensive Plan Review Committee Recommendations Report dated May 17, 2010 for further discussion by the Board, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 9:07 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, May 25, 2010 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202 & 203 in said Town of Estes Park on the 25th day of May, 2010. Board: Mayor Pinkham, Trustees Blackhurst, Elrod, Ericson, Koenig, Levine and Miller Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Town Attorney White, Finance Officer McFarland, Public Information Officer Rush, Town Clerk Williamson Absent None Mayor Pinkham called the meeting to order at 4:00 p.m. SALES TAX 1 ST QUARTER REVIEW & FINANCIAL UPDATE Finance Officer McFarland provided a presentation on Proposition 101 and Amendments 60 and 61 that would be considered by the Colorado electorate during the General election in November. Proposition 101 would change vehicle registration to a flat fee; eliminate the Town's ability to collect sales tax on vehicle leases and rentals; no sales tax or use tax on the first $10,000 of a vehicle sale, reduce ownership taxes on new and used Class A vehicles; and eliminate taxes and fees for telephone tax and cable TV franchise fees. The proposed changes could impact the General fund by $418,000 to $580,000. Amendment 60 would allow non-resident property owners to vote in tax elections; property tax voting only in November; TABOR tax and debt ballot questions must be voted on separately; limit what can be included on county tax bill; future property tax increases would be required to expire in 10 years; De-Brucing actions would expire; and require Enterprise funds and Authorities to pay property tax and requires local government to reduce mill levy by the amount collected from said entities. Amendment 61 would prohibit the issuance of debt prior to a vote, including the refinancing of debt, voter-approved debt must be bonded and repaid within 10 years; limits debt to no more than 10% of the assessed taxable value of real property in the Town; all existing debt must be repaid; and requires tax rate to be reduced equal to the amount of the planned average annual repayment of debt. The Board stated concern with the affect the proposed Proposition and Amendments would have for the Town and the other local special districts. The Board agreed theTown should begin discussions with the other districts to oppose the issues. The Town should look at the services that would be eliminated if the issues pass; the fees that would not be collected (lost revenue); and the impact and the increase in other fees such as water or electric fees to pay for future upgrades. CAPITAL IMPROVEMENT PLAN (CIP) Finance Officer McFarland reviewed the CIP that takes actual data and forecasts 5 years in the future for the General Fund. The projected fund balances with current assumptions demonstrates the General Fund would dip below the 30% fund balance in 2011 and decrease to 6% by 2013. SALES TAX Finance Officer McFarland provided an overview of the first quarter financial report. Sales tax for the first quarter trails the budget by 8% and if the trend continues collections could come in at $6.56 million, down from the budgeted $6.9 million. Indicators used by staff to predict 2010 sales tax indicate a collection range of $6.56 to $6.78 million, a shortfall of $120,000 - $340,000. Town staff has begun to identify items in the 2010 budget that may be cut if the trend continues. RECORD OF PROCEEDINGS Town Board Study Session - May 25, 2010 - Page 2 PROACTIVE COMMUNICATION / OPEN DISCUSSION. PIO Rusch reviewed her process for responding to public information requests. She reviewed interview basics for the Board. The Board requested PIO Rusch provide interview training for the Board. Trustee Elrod commented on the need for the Town Board to have a common email address through the Town's network. Open discussion followed on a list of questions presented by Trustee Elrod, including how to determine the type of response; who will respond; should all communication receive a response, should communication received by one Trustee be shared with the entire Board; should replies be shared with the entire Board, and when is it appropriate for the Mayor to unilaterally articulate a position of the Town without consensus for the entire Board. Board discussion followed on the topics: many of the issues have been discussed in the past and the Board has not come to consensus on how to respond or react; the Mayor should respond if correspondence is received by the entire Board; items sent to the Board should be sent to the Town Administrator for follow up; CML recommends all communication should go through the Town Administrator for acknowledgement and action if necessary; communication responses have been inconsistent and would continue to be inconsistent without a formal policy; and a letter from the Mayor on the Board's behalf should be shared with the entire Board if time allows. Discussion of proactive communication would continue at the next Town Board Study Session. There being no further business, Mayor Pinkham adjourned the meeting at 6:20 p.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, May 27,2010 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT / COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 27thday of May 2010. Committee: Chair Levine, Trustees Elrod and Miller Attending: Chair Levine, Trustees Elrod and Miller Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Directors Joseph and Kilsdonk; Manager Winslow and Deputy Town Clerk Deats Absent None Chair Levine called the meeting to order at 8:00 a.m. PUBLIC COMMENT. Johanna Darden, Town resident, objected to the use of Larimer County Open Space Funds to finance improvements to Bond Park. Ralph Nicholas, Town resident, voiced opposition to the presence of a water feature in the Bond Park Master Plan, and suggested the Town look into constructing a multi-story parking structure to address downtown parking issues. COMMUNITY SERVICES DEPARTMENT. FIREBIRDS CAR SHOW ROAD CLOSURE. The Firebird Car Show has requested to join the Auto Extravaganza which is scheduled for Saturday, August 14, 2010, in Bond Park. By including the Firebirds with the Extravaganza! organizers anticipate 30 to 50 additional cars and several additional vendors for food and automobile-related merchandise. The closure of MacGregor Avenue for the Auto Extravaganza was approved by the Town Board earlier this year. Staff is requesting permission for the Firebird Show to utilize Bond Park in conjunction with the Auto Extravaganza and to close Park Lane to accommodate the additional cars, as needed. If the number of cars participating in the event does not necessitate the closure of Park Lane, it will remain open. Mgr. Winslow visited with five Park Lane merchants who may be affected by the road closure and advised them of all road closures associated with events that are occurring this year. Consideration will be given to the access to these businesses if Park Lane must be closed. PUBLIC COMMENT. Johanna Darden, Town resident, suggested an alternative location for the car show. She proposed holding the car show in the parking lot at the west end of Town near Performance Park, and noted the proximity of public restrooms, restaurants, and parking. Chair Levine said the organizers have requested the use of Bond Park, but a different location may be something to consider in the future. The Committee recommends approval of the use of Bond Park and the closure of Park Lane for the combined Auto Extravaganza and Firebird Car Show on Saturday, August 14, 2010, as presented. BOND PARK BARBECUE The Estes Park Housing Authority (EPHA) and the Estes Park Board of Realtors (EPBOR) are requesting the use of Bond Park on Saturday, July 24, 2010, to host a pig roast to benefit the Estes Valley Work Force Housing Assistance Program. If approved, RECORD OF PROCEEDINGS Community Development / Community Services - May 27, 2010 - Page 2 the event will be held between the hours of 1:00 p.m. and 4:00 p.m. and include beer sales; all applicable liquor laws related to alcohol sales will be followed. Rita Kurelja, EPHA Executive Director, said the event will be promoted by advertising through local newspapers and the radio station; the use of volunteers to manage the event will keep costs down; and scheduling the event after the traditional lunch hour and prior to dinner time will minimize impact on the downtown business owners. The $200 park use fee will be unbudgeted revenue for the Events Department. The Committee discussed the logistics of using the roaster in the Park; disposal of trash; and installing fencing in the park in order to comply with liquor laws. The Committee considered waiving the $200 usage fee, but the suggestion was withdrawn as a fee waiver would be contrary to current policy. The Committee supports the Estes Valley Work Force Housing Assistance Program and recommends approval of the usage of Bond Park on July 24, 2010, for a BBQ fundraising event. The Committee requested that a future Town Board Study Session agenda include affordable work force housing and a discussion about Town-owned property near the Fish Hatchery. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Sales & Marketing - Manager Pickering reported on market conditions related to business/conference travel in Estes Park, and said that the economy has created considerable competition among mid-level facilities similar to Estes Park, with new facilities in Loveland, Black Hawk, and at the YMCA impacting the number of bookings at the conference center. He stated that staff continues to make contact with various groups, but that a conference center goal to book 55 conferences in 2010 will most likely not be met, with 34 conferences currently ~ scheduled this year. The Committee requested that future reports contain historical data in order to provide a comparison with bookings of previous years. COMMUNITY DEVELOPMENT DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Community Development Financial Report - Dir. Joseph stated that the downward trend continues with no change anticipated in the immediate future. • Monthly Building Permit Summary. ADMINISTRATION DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Public Information Officer Quarterly Report - PIO Rusch recapped 1St quarter 2010 activity which included writing news releases, attending regular meetings of the Local Marketing District (LMD), responding to inquiries from community members and the media, weekly Employee Advisory updates, and ongoing emergency management training. PIO Rusch informed the Committee of the opening of the Riverwalk Connection on Friday, May 28th, and the Grandstands public grand opening on June 30, 2010. PUBLIC COMMENT. Johanna Darden, Town resident, commented that the audio portion of the broadcast of the Town Board meeting on cable Channel 12 is difficult to hear and comprehend. Charley Dickey, Town resident, said that by subscribing to the Town's e-mail list, he receives news releases and information from the office of the PIO which he considers to be informative and a valuable service to the community. RECORD OF PROCEEDINGS Community Development / Community Services - May 27, 2010 - Page 3 Town Administrator Halburnt asked the Trustees to consider writing monthly columns on pertinent issues for publication in the local newspaper. The responsibility of writing a column would be set up on a rotating basis, with each Trustee writing a column once every seven months. More discussion on this topic will be forthcoming. There being no further business, Chair Levine adjourned the meeting at 9:45 a.m. Cynthia Deats, Deputy Town Clerk TOWN OF ESTES 1-,AR1<L 42.C FINANCE 200 + Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Steve McFarland - Finance Officer Date: June 8, 2010 RE: Larimer County Open Space Fund Utilization Report Background: In 1996 Larimer County voters approved a 1/4 of 1% sales tax increase to be used for the purpose of acquiring, protecting, improving, managing, maintaining and administering open space, natural areas, wildlife habitats, parks and trails. Trustee John Ericson is the Town's representative on the Larimer County Open Space Committee. ... Attached please find the Larimer County Open Space report that was presented to the ~ LCOS Committee in January 2010. Staff focused its presentation on the most recent 5- years of activity. The presentation was fronted with a 5-year financial statement coupled with a map of the area. Staff then assembled slides for each year to highlight annual accomplishments. Since the Open Space Fund began in 1996, the Town has received almost $3,875,000 in total revenues. Highlights include: 1. Open Space Funds - $3,100,000 2. Grants - 137,000 3. Donations - 50,000 4. Capital Leases - 450,000 5. Improvement guarantees - 24,000 6. Investment income - 94,000 7. Transfers to LCOSF - 20,000 Approximately $3,440,000 has been expended on: 1. Personnel - $ 55,000 2. Operations/Maintenance - 46,000 3. Capital Projects - 2,840,000 4. Debt Service - 500,000 Page 1 IC.1 The Fund has an approximate balance of $430,000 as of 12/31/09. Projects throughout the years have included: 1996 - no major expenditures 1997 - Willows/Knoll property lease purchased, Fall River/Lake Trails begun 1998-2002 - Willows/Knoll lease purchase expended over 5 years, Land acquisitions (Bikle, Mills, Hart) made 2003-2005 - Fall River/Lake trails continued, Lots 30+31 purchased 2006 - Fish Creek Trail, Hydroplant Museum Grounds, Pine Knoll Viewing Platform. 2007 - Hermit Park acquisition, Fall River Hydroplant restroom. 2008 - Fall River Trail Phase 4 2009 - Fall River Trail Phase 4B 2010 - Bond Park redesign Phase 1 The attached report will be represented Tuesday June 8, 2010 at 7:00 pm. 6/4/2010 i Larimer County Open Space Town of Estes Park Steve McFarland - Finance Officer June 8, 2010 (originallypresentedto Larimer County Open Space Committee: January 28, 2010) TOWN OF ESTES PARK Larimer Couny Open Space Fund ~ Est~ fludget~ 2005 2006 2007' 2008 2009 2010, BEGINNINGFUNDBALANCE , $308,808 $546,832 :$605,727 1 $437,657 $391,750 ]$289,308 1 REVLNUM · 2 Larimer County 244,7/9 + 251,562 270,323 255,630 189,219 230,000 ~ Nov Decest 2009 0 0 0 0 37.844 0 ; Grant* 0 0 0 0 .6,632 0 Investmentincome 7,342 30,695 20,118 16,357 3,600 4,000 Total Revenues 252,081 282,257 290,441 271,987 367,295 234,000 EXPENDITURES · , Personnel 0 0 0 8,704 48,072 - 32,445 Operations& Maintenance 14,057 0 0 21,267 13,032, 0 Capit# Outl ay 0 223,362 458,511 287,923 408,633 290,0XJO Total Expenditures 14,057 223,362 4S4511 317,894 469,737 322,445 ENDINGFUNDBALANCE $546,832 $605.17 $437,657 $391,750 5289,308 $200,863 .Highway enhancement ARRA funding grant, Fal River Trail PERSONNEL DETAILS Critic of salary) : 1 1 Public Works - Director 0.00 0.00 O.(JO 0.10 O.10' 0.10 Public Works- Project Manager 0.00 000 O.00 0.20 O. 20 0 20 Seasonal engineer .00 0.00 0.00. 0.(JO 0.76 i 0.00 OPERAIONS & MIC DETAILS resource ; habitat engineering i prtctn analysis assessment FRTPhs' CAP,TAL DETAILS Hydroplant.useum projects 0 173,867 0 0 01 Pine Knoll Viewing Platform 0 9,~0 0 0 0 Fish/reek'rall 3 0 39,695 0 16,648 4,559 1 Trails/walkways I 00 58,511 0 179,00/ Hermit Park co-op purchase , 0 0 400,000 0 0 Fall River Trail O 0 0 271,275 85,074 Fall River Trail (201OARRA Grant) 000 O 140.00/ Falt River Trail (EVPRD- co-op Grant) O 0 0 0 O 50,000 Son/Park 0 0 0 0 0 240,000 1 0000/00 6/4/2010 I 2004 ,TZ / TOWN OF ESTES PARK < TRAIL SYSTEM MAP E./SF•I' 741. ASTEVCCPT3 w:e!:TCTMAI~ 41.•ri™mar.~,ve'n.L~L 1 ~. at t.- -DI: 0 4 Cu· f 5-·-*/1,4..... Tr:/w -11 % I 4»9 - 1 -« L._1= r / rnCO R i. Fi--1 -41:2- 1 d 4-- 2=I Ch. /. 0 4 k. ' rc·r·-1 J. *20 , 9 -- . 1944 r 1 ,--=1:d~1 g .33 - \< F %k 2006 - Larimer County Open Space Funding 31. 94% f ...2- ¥'.f 41 Fish Cree,K.,Trailt~I,a¥~# - 4 4 . 44 ...4,--1 4. , I. 1 li li €L : t . m. . ' 4 ' 4 . t. 4+. l I , 1 ~0ydra#lar¢,Mypeum Gr ,Pine Knoll Viewing Platform .1- c.. - 6/4/2010 1. IRI'limiE~ 2007 - Larimer County -Ii-INI-~ Open Space Funding 9.li-/1:..Flilily/j ... 11-NEIN (90 f-'b 1, B.»/ 1 1 - - 1 i4~ -j 1 /..mt i .... < i / 1 -1.J'.1 7.- :I.-I.M....".'.10~361, *'01 - .A; 7 $ £ ..M>·~1/ NiACh /hbUO#<#R//// pr49/1/i55£j/ f f = 0 ... : 1,<-2..£ i ,.L - 't--1 «40 .A -*$ 1 rrviri fil .#*..e= 1,1 *1' 111*'4 . 1 o.c- illical,el# ./. Ill""i""i"lijimillul . 4 lili . 6, 1 2008 - Larimer County . . 2 -1 . . . , Open Space Funding *lia ~.. 4- *Fiek/1/./64/ r: I. ji· ·. / 1 -4 21 - -W.*, AJ - , 48• - i E -I r'.- 1 '' 1 .-, 4 - . 3 - - - .7 R. , A 6/4/2010 2009 - Larimer County Fall River TrailE 7 4 3 Open Space Funding Phase 48 'A -9 1, 3 i , .P .: 0 b y.1. 4 4 £16.0 . 1. .1, E 44 fi- ;74 - : 3~ 1 4 f 413¥24.• :9 . I I i '' 1,4 4.1,44:Z- ~7. - £2 -4. t. 4% 11 4 . r 1 - I 4,04. 1 39. 1 4, 4.' P ..'.fl 1 ... ..Al :. 4 ' . D e.' ft' 'I.,/*I':20/ / I 2010 - Larimer n.ir.71 / P County ,/55A1/-1/Tr12 - WAL ,/--Och,d I /1,·PI ./.1 I &2" 4, I./# 7/F......... / All.'7* Open r 112*I,,r /61·::L 7 ....~. ·' f =t Space Funding lir ...le... - 1 ~ .,4,".42 y ' , 6 4. res. , 561\ 0·//- 8-, 4*1 . 0. - 97. 2- ,-1 4'N 1 i- '0...1 1 Currenlponditions '· 1 ... d , -7 1/.I- 1 , 6---8/1--- 3* 1- 71-16kaL - 1 .///a \ N AVENUE. - P... ~ Bond Park Redesign, Phase I 4 Town Board Meeting \4441037/ June 8, 2010 Sign In Sheet - Medical Marijuana Name Address Comments C. 4&# [-2 f rijick e.~ 36,6 9-6™4ev C-:E l>-'-P~€cre •12 e 96-act-« / 70 3. *f: dl.L QUA.» c.-06- /3 TOWN or E-STES PARit V. .... Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Gregory A. White, Town Attorney Date: J u ne 4, 2010 RE: House Bill 10-1284 Enacting the Colorado Medical Marijuana Code Introduction: At the end of the Colorado General Assembly's recent session, it adopted house Bill 10- 1284 enacting the Colorado Medical Marijuana Code ("MMC"). The MMC authorizes and requires the State and affected county and municipal governments to issue licenses for the cultivation, manufacture, distribution and sale of medical marijuana and medical marijuana-infused products. It does this in much the same manner as the liquor ~ licenses are now issued by the State and local licensing authorities, both of which must approve a liquor license for it to be issued. This Memo will outline the provisions of House Bill 10-1284 as they pertain to the regulation of the cultivation, manufacture and sale of medical marijuana and medical marijuana-infused products. The Memo also outlines the authority granted to the Town Board in making decisions about whether to prohibit the cultivation, manufacture and sale of medical marijuana and medical marijuana-infused products in the Town or to license and regulate these activities. Background: Amendment 20 to the Colorado Constitution (Article XVI11, Section 14) was passed by the Colorado electors in November, 2000. Amendment 20 recognized and defined the following: • Patient • Primary Caregiver • The Amendment provided that neither a patient nor primary caregiver could be prosecuted for violation of State or local law for the possession of a limited amount of marijuana for the patient's use to treat a "debilitating medical condition". • Possession per patient 2 ounces of marijuana, AND 6 plants (3 mature) Pursuant to the Amendment, the Colorado Department of Public Health and Environment (CDPHE) established regulations and the Medical Marijuana Registry Program, March 2001 Federal Response To Amendment 20: The U.S. Department of Justice clarified the Federal Government's position in a Memorandum dated October 19, 2009 is as follows: • "federal resources and prosecutorial efforts should not focus on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana" What Amendment 20 Did Not Do: • There is no definition or mention of medical marijuana dispensaries, grow operations nor marijuana-infused products. • The Amendment did not legalize the sale of medical marijuana in any form to any person including a patient and/or primary caregiver. • The Amendment did not supersede federal law with regard to cultivation, possession and sale of marijuana. Statistical Information: • As of October 31, 2009 Statewide - 21,625 registered patients Larimer County - 2,002 registered patients 67% have designated a Primary Caregiver Page 2 State Legislative Response - 2010: On May 12, 2010, the Colorado General Assembly passed House Bill 10-1284. The House Bill creates a state licensing authority and authorizes that authority to promulgate regulations governing the licensing of medical marijuana facilities. Those regulations and the licensing shall not become effective until July 1, 2011. The proposed legislation has not been signed into law by the Governor, however, staff is operating under the assumption that the proposed legislation will become law. Major provisions of HB 10- 1284 are as follows: • Creates a state licensing authority in the Department of Revenue to regulate, control, and license the cultivation, manufacture, distribution and sale of medical marijuana in the State including the right to create rules on signage, security, inspections, days and hours of operation, etc.; • Allows for a concurrent local licensing system, if approved by local ordinance, similar to liquor licensing; • Municipalities may adopt a local ordinance between July 1, 2010 and July 1, 2011, licensing, regulating, or prohibiting the cultivation or sale of medical marijuana; • Provides for local licensing authorities to issue three types of licenses: 1) a medical marijuana center license, 2) an optional premises cultivation license, or 3) a medical marijuana-infused products manufacturing license; • Requires registrations for owners, managers, operators, employees, contractors and other staff working in a licensed premises; • Introduces the idea of medical marijuana centers (rather than dispensaries) as a person licensed to operate a business that sells medical marijuana to patients, may sell edible products, and may purchase marijuana from licensed optional premises cultivation facilities; • Those prohibited of being issued a license include: those who do not pay the fees, who have a criminal history indicating lack of good moral character or any corporation whose officers lack good moral character, a licensed physician, anyone under 21, anyone who has been convicted of illegal possession, distribution or use of marijuana or any controlled substance, public safety officer or a person who has a license for a retail food establishment; Page 3 • It also prohibits anyone who fails to pay taxes, provide a surety bond, repay student loans, is delinquent in paying child support; ~ • Employees, officers, owners and managers must be residents of Colorado for at least two years; • Licensed premises must be at least 1,000 feet from a school, college, child care center, alcohol/drug treatment facility or seminary and must not conflict with existing local zoning laws. Allows for municipal ordinances to either be more or less restrictive; • Specifies that the location of optional premises cultivation licensees are not subject to Open Records Law, but can be shared with law enforcement; • Specifies that sales would be taxed and remitted appropriately; Important Dates: • June 24, 2010. Termination of the current moratorium in the Town on the issuance of any Town business license or building permit or other approvals related to the operation of medical marijuana dispensaries and/or medical marijuana facilities. • July 1, 2010. Statewide moratorium on the operation of any medical marijuana facility unless the business is an established, locally approved business for the cultivation, manufacture or sale of medical marijuana or medical marijuana- infused products. 4 At the present time, there are no known medical marijuana facilities which would qualify for this right to continue operation in the Town. • July 1, 2011. The date for the State and local licensing process to be in effect. • July 1, 2010. The date after which the Town may adopt a resolution or ordinance licensing, regulating or prohibiting the cultivation or sale of medical marijuana. If cultivation or sale of medical marijuana is prohibited in the Town, patients and primary caregivers would still be governed by the provisions of Amendment 20. Page 4 . • After July 1, 2011. All businesses for the cultivation, manufacture or sale of medical marijuana shall be subject to the terms and conditions of the bill and be licensed. Options Available To The Town: • Do nothing. This would allow the moratorium to terminate and raises the possibility of a medical marijuana facility being established in the Town between June 24, 2010 and July 1, 2010 by opening a facility and applying for a Town business license. • Extend the moratorium to at least July 1, 2010, or until June 30,2011. Extension of the moratorium past July 1, 2010 would close the window for any person to establish a medical marijuana facility in the Town. Extension of the moratorium until June 30, 2011 would allow the Town Board to determine whether or not to establish a licensing authority or prohibit medical marijuana facilities either by Town Board action or vote. Page 5 till TOWN or EST ES PAR< i , lit r!-i,24 1+39 0 Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Gregory A. White, Town Attorney Date: June 2, 2010 RE: First Amendment to Intergovernmental Agreement - EVRPD and the Town of Estes Park for the Youth Center Background: In 1995, the Estes Valley Recreation and Park District (EVRPD), the Town and the Park School District entered into an Intergovernmental Agreement for the purpose of constructing and operating the Youth Center for the Estes Park area. The Youth Center is located on the Town's Stanley Park Fairgrounds property. In April of 2005 the EVRPD and the Town entered into a second Intergovernmental Agreement for the ~ operation of the Youth Center. This Intergovernmental Agreement expires by its terms on June 9, 2010. The purpose of the First Amendment to Intergovernmental Agreement is to extend the term of the Intergovernmental Agreement between EVRPD and the Town for an additional five year period. All the other terms and conditions of the 2005 Intergovernmental Agreement remain in force and effect. Under the Intergovernmental Agreement the EVRPD is responsible for the operation, maintenance, repair, security, and utility charges for the Youth Center including all personnel necessary for the operation. The Intergovernmental Agreement addresses the required insurance coverages with the EVRPD responsible for liability and workman's compensation insurance and the Town for casualty and property damage insurance. The Intergovernmental A~reement is subject to an annual right to terminate by either party prior to December 1 s of each calendar year. Budget: There are no budgetary implications for the approval of this First Amendment to Intergovernmental Agreement. Page 1 Staff Recommendation: Staff recommends approval of the First Amendment to Intergovernmental Agreement between the Town of Estes Park and the Estes Valley Recreation and Park District for the operation of the Youth Center. Sample Motion: I move to approve/deny the First Amendment to Intergovernmental Agreement between the Town of Estes Park and the Estes Valley Recreation and Park District. FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT THIS FIRST AMENDMENT is effective the 8th day of June, 2010, between the TOWN OF ESTES PARK, COLORADO, a Municipal Corporation, hereinafter referred to as (the "Town"), and THE ESTES VALLEY RECREATION AND PARK DISTRICT, a Colorado Special District, hereinafter referred to as (the "Recreation District"). WHEREAS, the parties, along with the Park School District, No. R-3, entered into an Intergovernmental Agreement effective June 9, 1995, for the purpose of constructing and operating a Youth Center for the youth of the Estes Park area; and WHEREAS, the parties entered into a second Intergovernmental Agreement effective the 26th day of April, 2005 (the "Intergovernmental Agreement"), for the operation of the Youth Center; WHEREAS, the parties desire to amend the Intergovernmental Agreement to extend the Intergovernmental Agreement for an additional five (5) year period. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE TOWN AND THE RECREATION DISTRICT AGREE AS FOLLOWS: 1. Paragraph 3 of the Intergovernmental Agreement shall be amended to read as follows: "Term of the Agreement. The term of this Agreement shall be for five (5) years beginning on June 8, 2010." 2. All other terms and conditions of the Intergovernmental Agreement not amended herein shall remain in full force and effect. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk ESTES VALLEY RECREATION AND PARK DISTRICT ~ By: President of the Board of Directors ATTEST: Secretary of the Board 2