HomeMy WebLinkAboutMINUTES Town Board 2009-08-25Town of Estes Park, Larimer County, Colorado, August 25, 2009
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 August, 2009. Meeting called
to order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Mayor Pro Tem Chuck Levine
Trustees Eric Blackhurst
Dorla Eisenlauer
John Ericson
Richard Homeier
Jerry Miller
Greg White, Town Attorney
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PUBLIC COMMENT
Judy Aries/Town citizen requested the Board address an industrial coffee roasting
operation located adjacent to property she owns at 550 W. Elkhorn Ave. The Town has
permitted the accessory use. She stated the roasting operation continues to grow, and
therefore, has become the primary use at the location.
Todd Jirsa/Park R-3 School Board President invited the Town Board to their September
21, 2009 meeting at 7:00 p.m. to hear a report by the Director of Business Services on
the effects the Estes Park Urban Renewal Authority has on the state funding for the
school district.
David Habecker/Town citizen read a prepared statement regarding his protest over the
use of the 'under God' Pledge. He requested the Board not reduce the architectural
appearance of the proposed grandstands by removing the copulas. He urged the Town
to refrain from spending funds or time on further discussions related to annexing county
properties. He stated the number of vacation homes is increasing and continues to
drive down the sales tax collection by accommodation properties.
Mark Elrod/Town citizen expressed concern with the consent agenda item for a
Community Development Organizational Assessment contract with Zucker Systems.
He questioned the need for the assessment and whether the Town Board was using
funds judiciously.
TOWN BOARD COMMENTS.
Mayor Pro Tem Levine thanked Director Zurn for his efforts in postponing the road
construction work on Highway 36 during the upcoming holiday weekend and the
Scotsfest weekend.
Trustee Blackhurst supports the efforts of the Town Administration with the proposed
evaluations of Town Departments. He recognized the efforts of both the Police
Department and the Town Clerk's office for the support provided during the Senate
Hearing. In response to a letter to the editor regarding the dictatorial process and
evasive inspections for carbon oxide detectors, he stated the Town inspections are
Board of Trustees — August 25, 2009— Page 2
conducted to enforce the State law that went into effect July 1s`. He reminded the
public that the Public Works Committee meeting to be held on Thursday, August 27`h at
8:00 a.m. in the Town Board Room.
Mayor Pinkham stated the Board held a study session to discuss the cost estimates of
the proposed Multi Purpose Event Center at the Stanley Fairgrounds and to review the
draft 2010 Local Marketing District Operating Plan. He invited the community to a Wet
Down' party for the new fire engine at the Fire Station on Saturday, August 29, 2009
from 11:30 a.m. to 2:30 p.m.
1. CONSENT AGENDA:
1. Joint Town Board and EPURA Special Meeting Minutes dated August 3,
2009, Town Board Minutes dated August 11, 2009 and Town Board Study
Session Minutes dated August 11, 2009.
2. Bills.
3. Committee Minutes:
A. Community Development, August 6, 2009.
1. Community Development Assessment, Zucker Systems - $20,000.
4. Estes Valley Planning Commission Minutes July 21, 2009 (acknowledgement
only).
5. Estes Valley Board of Adjustment Minutes July 7, 2009 (acknowledgement
only).
6. Estes Park Urban Renewal Authority, July 15, 2009 (acknowledgement only).
7. Drainage Easement, Lot 17, Block 1, Fall River Estates, First Addition.
8. Appointments to the Estes Valley Public Library District Board.
a. Peter Plaut, 4-yr. term, beginning 1/01/10, expires 12/31/13.
b. Sharon Poggenpohl to complete 4-yr. term of Kay Kirkman, beginning
8/25/09, expires 12/31/12.
It was moved and seconded (Levine/Miller) to approve the consent agenda, and it
passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. COUNTY WIDE ANNEXATION.
Deputy Town Administrator Richardson stated a local resident, Terry Parenti,
suggested the Town consider annexing the entire Estes Valley to alleviate
some of the issues that resolve with a small community. The report provides
an overview of the processes and costs associated with a valley wide
annexation. A discussion followed with the Town Board stating annexation of
the county would not be actively pursued; however, the Town would consider
an annexation application brought forward by any county property, subdivision
or HOA.
2. SECOND QUARTER FINANCIAL REPORT.
Finance Officer McFarland stated the 2009 sales tax receipts trails 2008 by
1.7% after the second quarter. Actual sales tax continues to be down at a
current 4.8%; however, sales tax collection has been down by as much as
7.3%. Year end projections for sales tax collection are estimated at $7.14
Board of Trustees — August 25, 2009— Page 3
million for 2009. Expenditures for all General and Enterprise funds are below
50% for the year. Investment rate of return continues to be low; however, the
Town manages reserves with safety as the first priority and then liquidity and
yield.
3. TOWN ADMINISTRATOR REPORT.
• Mayor's monthly coffee chat will be held on Wednesday, September 2nd
8:00 a.m. at the Senior Center.
• The first of two open houses for the Bond Park Master Plan will be held
on Wednesday, September 2nd, 6:00 p.m. to 8:00 p.m. in Town Hall. The
design consultant will provide three scenarios to the public for comment.
• Recognized the Police Department and the Town Clerk's office for their
services during the recent Senate hearing held in the Town Board room.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEMS:
A. Vacation Homes and Bed & Breakfast Amendments to the Estes Valley
Development Code — Tabled and Remanded to the Estes Valley
Planning Commission.
B. Location and Extent/Special Review #09-01, Stanley Park Grandstand,
Metes and Bounds Parcel located at 1209 Manford Avenue, Thorp
Associates/Applicant. Planner Chilcott reviewed the staff report stating
the request is for the redevelopment of the existing 62-year old 2,100 seat
grandstands at the Stanley Fairgrounds. The proposed grandstand would
seat approximately 2,700 with a footprint of 15,500 square feet that would
include new restrooms, concession area and ticket booth space under the
structure. The Estes Valley Planning Commission recommended
conditional approval at their August 18, 2009 meeting, requesting a
parking study, drainage plan and report, and a traffic impact analysis be
completed. Discussion followed with the Board requesting a
comprehensive report on the parking needs at the Stanley Fairgrounds,
and memos for all conditions to be included with the Town Board packet
material. It was moved and seconded (Homeier/Ericson) to approve
the Special Review 09-01 for the Stanley Fairgrounds grandstand
redevelopment, and it passed unanimously.
C. Wildlife Amendments to the Estes Valley Development Code — Public
Hearing — First Reading. Director Joseph stated the revision to Chapter
7.8 Wildlife Habitat Protection has been revised to simplify the language
and remove the Colorado Division of Wildlife (CDOW) from the review
process as requested by the agency. The decision -making bodies would
be the Estes Valley Planning Commission, Town Board of Trustees and
Board of County Commissioners. The need for a Wildlife Conservation
Plan has been redefined and shall be submitted for sites containing an
endangered or threatened species, big horn sheep or big horn sheep
habitat or riparian areas, adjacent to rivers and streams identified on the
wildlife habitat map.
Public comment against the proposed code changes were heard from
Sandy Lindquist/Town citizen, Sandy Osterman/Town citizen, Evan
Lloyd/County citizen, Joan Darden/Town citizen and Dave Albee/Town
citizen and ARD President. The code revisions should be rejects as
written and modified to include an explicit list of requirements, list of
Board of Trustees — August 25, 2009— Page 4
mitigation methods, requirement that mitigation plans be effective and add
back the habitats removed. The proposed revisions weaken the code.
Development should accommodate wildlife.
David Habecker/Town citizen stated over the years wildlife protection has
become the primary use of land and human use as the secondary. He
stated additional restrictions are being unfairly placed on the few
properties left to be developed in the valley without compensation for the
value of the land.
Mark Elrod/Town citizen stated the maps included in the EVDC are
outdated, static and not scientifically verified.
Board comments are summarized: The CDOW requested their review of
an application for significant adverse impact to wildlife be removed from
the EVDC; this revision would address the major issues with additional
issues such as mapping to be addressed; and this comprehensive issue
should be reviewed thoroughly to address all facets including open space.
It was moved and seconded (Homeier/Blackhurst) to continue the
public hearing to September 22, 2009, and it passed unanimously.
4. ACTION ITEMS:
1. ORDINANCE #06-09 SECTION 14.04.020 APPEAL PROCEDURE.
Director Joseph stated the Town appointed a Board of Appeals to hear
administrative appeals under the building code. Municipal Code Section
14.04.020 Appeal Procedures has not been updated to clarify the distinction
between appeals under the building code and other codes. The Ordinance
would clarify the Municipal Code and would place all fees in the Community
Development policy manual. Attorney White read the Ordinance. After
discussion, it was moved and seconded (Eisenlauer/Homeier) to approve
Ordinance #06-09, and it passed unanimously.
2. AMENDMENT TO THE ARCHITECT AND ENGINEERING SERVICES
CONTRACT FOR THE MULTI -PURPOSE EVENT CENTER (MPEC) AND
INDOOR ARENA.
Director Zurn stated contract negotiations have been completed with Kenney
Associates Inc. for the engineering and architectural services for the Multi -
Purpose Event Center, Indoor Arena and site work at the fairgrounds. The
Town Board approved a total cost of $270,900 with a 10% contingency at their
July 14, 2009 meeting. After further negotiations with Kenney Associates Inc.,
staff requests approval of a revised contract for $267,974.00 with a $25,000
contingency for the MPEC and Indoor Arena. The contract also contains an
optional fee for Phase II of the MPEC for $135,000 that could be approved at a
later date. After further discussion, it was moved and seconded
(Levine/Eisenlauer) to approve the revised contract with Kenney
Associates Inc. for $292,974 as stated above from account #204-5900-
459-35-61, and it passed unanimously.
3. INITIATED ORDINANCE PETITION — ABOLISH ESTES PARK URBAN
RENEWAL AUTHORITY.
Town Clerk Williamson reviewed the Initiated Ordinance stating the petitions
were received on July 8, 2009. When the Initiated Ordinance was submitted to
the Clerk for approval of the form on April 28, 2009, Larimer County advised
the Town's total registered electors was 4,522. State statute 31-11-104
requires a petition to be signed by a least 5% of the registered electors; the
Board ofTrustees — August 25, 2009-9age 5
total number ofsignatures required was 220. AStatemart ofSufficiency was
delivered to the petitioners on August 6, 2009 with 229 verified signatures.
Town Clerk Williamson reviewed the Town Board's options stating that within
2Odays from the Statement ofSufficiency, the Trustees must either: (1)adopt,
without alteration, the Initiated Ordinance ooproposed, Ordinanoo07'OS. 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 ofSufficiency byadopting Resolution 16'00.
Bill Van Horn/petitioner requested the Town Board adopt the Initiated
Ordinance and stated EPURA has done its work for the town. He commented
the local government needs tofocus unessential services.
Board comments are summarized: Estes Park has benefited from the past25
years of EPURA; the passage of the Ordinance would not be in the best
interest ufthe Town; EPURA can complete projects that the Town cannot; the
Town may fail to keep up without the funding for projects that EPURA can
provide; EPURA has increased oa|ox tax revenue which in turn has kept
property taxes low for EaLon Pork; and EPURA offers the Town flexibility to
react tounknown needs.
Trustee Homeier spoke in favor of the petition. He stated EPURA has done
groat work and benefited the Town; however, past performance is no
assurance offuture results. The renewal ofEPURA in 2008 did not have the
support of the community or the other taxing entities within the Estes Valley.
He asserted there are other means for accomplishing the results nfan Urban
Renewal Authority.
It was moved and seconded lauor to not adopt the
Initiated Ordinance 07-09, and it passed with Trustee Homeier voting "No".
It was moved and seconded (B|aokhurst/Homeor) to approve Resolution
#10'O0for the Coordinated Election onNovember 3,200Q.and the motion
failed with B|ookhurst and Homeier voting ~Yee~
Trustee Baen|auorand Miller stated the Fire District ballot questions and the
Initiated Ordinance should not be on the same ballot, and therefore, the
Ordinance should be considered at a special election. Trustee Miller stated
the estimated cost difference of Coordinated Election and Special Election is
insignificant. After further dionuaeion, it was moved and seconded
(Levi ne/Eioon|auer)tuapprove Resolution #10-OSfor m Special Election on
January 12, 2010, and the motion passed with Trustee Blackhurst voting "No".
4. INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE TOWN OF
ESTES PARK ANDLAQ|K8ER COUNTY ELECTIONS OFFICE FOR THE 2009
COORDINATED ELECTION — INITIATED ORDINANCE.
Not required because the EPURA election was set for a special election on
Whereupon Mayor pinkhomadjourned the
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Jj�kie Williamson, Town Clerk
Ua~ P�6���/m. Mayor
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