HomeMy WebLinkAboutMINUTES Town Board 2009-09-08Town of Estes Park, Larimer County, Colorado, September 8, 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 8th day of September, 2009. Meeting
called to order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Dorla Eisenlauer
John Ericson
Richard Homeier
Jerry Miller
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Town Attorney White
Cynthia Deats, Deputy Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION — "CONSTITUTION WEEK".
Mayor Pinkham read a proclamation declaring September 17 through September 23,
2009 as Constitution Week, in celebration of the 222nd anniversary of the framing of the
constitution.
PUBLIC COMMENT.
George Hockman, Town resident, stated he has been attending Town Board meetings
in Estes Park for 15 years and noted the mayors and trustees have been willing to listen
to citizen's concerns. He expressed concern about the use of pre -meeting study
sessions utilized by the current Board to get information and discuss complex issues,
noting that public comment is not allowed during study sessions and should not be the
place for Town Board decisions to occur. He said the Town Board has expressed a
desire for transparency in government, and encourages public attendance and
participation in Town meetings. He said in order to achieve this citizens must have the
opportunity for public comment prior to accepting motions from Board members and
reaching consensus on issues.
Mayor Pinkham thanked Mr. Hockman for his observations and said that he had been
taken to task for his use of the word consensus at a previous meeting
Vaughn Baker, Superintendent of Rocky Mountain National Park (RMNP), gave a brief
update on a small fire burning near Glen Haven, prescribed burning in the Park, and the
increases in visitation numbers and shuttle ridership in the Park over 2008 figures.
Supt. Baker presented the Mayor and Trustees with a signed poster commemorating
the RMNP wilderness dedication which took place in March 2009.
Bob Ayres, Town resident, expressed dissatisfaction with the location of the Kind
Coffee roaster at 552 West Elkhorn Avenue. He challenged the classification of the
roasting operation as an accessory use to the coffee shop and office at that location,
calling it a manufacturing facility which belongs in an industrial zone. He stated that
when in use the roaster emits strong odors and noxious gases, gassing residents out of
Board of Trustees — September 8, 2009 — Page 2
when in use the roaster emits strong odors and noxious gases, gassing residents out of
their homes. He stated that according to Larimer County, Kind Coffee is in the process
of acquiring a permit to roast 45,000 lbs. of coffee and asked the Town Board to re-
consider the appropriateness of the site of the Kind Coffee roasting operations.
Trustee Homeier requested an update on the Kind Coffee roasting operations. Town
Administrator Halburnt stated that the use had previously been allowed by the Town
Board and that the owner of Kind Coffee provided activity reports of time spent
roasting, packing, and shipping coffee which qualified the roasting operation as an
accessory use. She stated that Larimer County staff visited the site, tested the air
quality and found it to be within acceptable limits. Trustee Homeier requested that a
report of this year's activity be acquired to determine if there has been a change in
operations. Trustee Miller said that if roasting operations have increased substantially
it may cross the line between accessory and primary use. Trustee Eisenlauer
commented that the owner of Kind Coffee used exhaust equipment to address emission
concerns and asked if there were any additional measures that could be taken to
alleviate emissions. Town Administrator Halburnt stated she would request more
information related to current and proposed roasting activity, and other equipment that
may be available to mitigate emissions. Mayor Pinkham said this is an appropriate
topic for an upcoming Town Board meeting and that all components of additional
information related to code compliance will be reviewed by the Board and Town Atty.
White.
TOWN BOARD COMMENTS.
Trustee Blackhurst reminded the public of the regular meeting of the Estes Park
Housing Authority on Wednesday, September 9, 2009, at 8:30 a.m. in Room 203 of the
Town Hall; and the Utilities Committee meeting to be held on Thursday, September 10,
2009, at 8:00 a.m. in the Town Board room.
Trustee Miller voiced his hope that residents would fly their flags and observe a
moment of silence in remembrance of those who lost their lives on September 11,
2001.
Mayor Pinkham thanked the American Legion for hosting a celebration to honor Sgt.
Michael Bachelor who is returning home from a second tour of duty in Iraq, and
announced that the Scottish Irish Highland Festival will take place over the weekend.
In addition, he said he took issue with an editorial that appeared in the Trail -Gazette
related to the Board's decision to schedule the EPURA election In January 2010. He
stated that documents received from the Town Clerk stipulated the Board could pass
the ordinance or hold a special election, with the last possible date for the election
being January 19, 2010. He stated there had been no behind the scene discussions
and that each board member made their own decision about how to vote and voted
their conscience. He said he takes pride in being a part of a Board that does not spurn
public input, but in fact encourages public participation.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 25, 2009 and Town Board Study Session
Minutes dated August 25, 2009.
2. Bills.
3. Committee Minutes:
A. Public Safety, August 20, 2009.
a. Northern Colorado Regional Communication Network
Intergovernmental Agreement.
Board of Trustees — September 8, 2009 — Page 3
B. Public Work, August 27, 2009:
a. Temporary Easement, Undergrounding of Overhead Utility Services:
i. Portion of Lot 19, Little Prospect Mountain Addition, 631 Prospect
Avenue.
ii. Lot 2, Pettit Resubdivision of a Portion of Lot 19, Little Prospect
Mountain Addition, 675 Prospect Avenue.
Lot 1, Murphy Subdivision of Amended Plat of a Portion of Lot 20,
Little Prospect Mountain Addition, 707 Prospect Avenue.
b. Temporary Construction Easement:
i. Portion of Lot 1, Block 5, Country Club Manor Addition, 400 Birch
Avenue.
ii. Portion of Lot 7, Block 2, Country Club Manor Addition, 403
Driftwood Avenue.
in. Portion of Lot 1, Block 2, Country Club Manor Addition, 640
Prospect Avenue.
c. Permanent Access, Utility & Drainage Easement:
i. Lot 1, Block 2, Country Club Manor Addition, 640 Prospect
Avenue.
ii. Lot 1, Block 5, Country Club Manor Addition, 400 Birch Avenue.
d. Colorado Department of Transportation Intergovernmental
Agreement for Highway 34 Bridge Trusses.
e. Mobile Column Vehicle Lift, $40,425 — Budgeted.
It was moved and seconded (LevinelMiller) the Consent Agenda be approved, and
it passed unanimously.
Trustee Blackhurst stated that the temporary easements have a two-year term and are
for the purpose of undergrounding utilities and reconstruction. Trustee Miller pointed
out that there is no cost involved with the acquisition of the historic bridge trusses
which will be used in a future pedestrian trail project.
2. REPORTS AND DISCUSSION ITEMS.
1. BOND PARK MASTER PLAN UPDATE.
Public Works Dir. Zurn and Paul Kuhn of Winston Associates, provided an
update on the Bond Park Master Plan. Public input has been gathered in a
variety of ways including one-on-one conversations with community members,
an on-line survey, and focus group meetings resulting in the development of
three alternative concepts for consideration. Each concept possesses key
characteristics identified through the public outreach process which include
sustainability, creation of a community centerpiece, support for the downtown
business district, and incorporation of a tie to the natural setting of Estes Park.
In addition, the plan must be flexible, adaptable, and able to accommodate
special events. Some of the features included in the conceptual plans are
green space, picnic areas, special event plaza, covered stage, fire pit, ice
skating facility, and water features. Mr. Kuhn reported that the three
alternative concepts were displayed at an open house on September 2nd, at the
Labor Day Crafts Fair, as well as on the internet, providing another opportunity
for additional input on the project. Based on the input a single design will be
developed and presented at a Community Open House scheduled for October
2, 2009.
Joanna Darden, Town resident, was concerned that the opinions of
nonresidents were being considered in the formation of the Bond Park Master
Plan. She said she liked certain aspects of each plan and would like to have
information related to the cost of each of the conceptual plans before voting on
an individual plan.
Board ofTrustees — September 8'20Ug—Page 4
Mayor Rnkham said that it is important for the Town to gather input from a
wide range ofpeople inorder tocreate avenue tobeproud ofthat will Le
useful to citizens and visitors; adding that the three concept plans can be
viewed onthe irtemet for those desiring togive input mmake comments.
Rex Poggenpoh|.County resident, congratulated Public Works staff on the
public design prnneso, describing it as vwell-monmged, organbed, and well
presented. He said he a000 o need to define the elements that are most
appropriate to be included inthe final p|an, and that when phnhUojng these
elements the cost and maintenance of each must be considered before the
designer proceeds with additional design work.
2. STANLEY FAIRGROUNDS PARKING REPORT.
Dir. Zum summarized parking requirements for future developments at Stanley
Park as follows:
Performing Arts Center 600 Spaces_
Grandstands 897 Spaces
Multi -Purpose Event Center and Indoor Arena 200 Spaces
Dir. Zunnpresented eplan for oproposed parking lot containing 4ODspaces
for possible use asotransit hub. Estimated cost ufthe lot ins1.2million. The
design is 9096 complete and currently unfunded, but inincluded on awmUUng
|ioi for stimulus funds in the 13= position; hovwevor, there is no timeline as to
when and if State or Federal funds may become available. Dir. Zumn said that
if funds do become available the project can be ready for bid within 38 days.
He reported that the 408-space lot and the proposed 600-space lot serving the
Performing Ado Center may be sufficient for most activities and events. He
stated that if fonnm| parking facilities are to be available in 2010. the Town
would need to look at funding the construction of the parking lot. Town
Administrator Ha|bunnt added that the Performing Arts Center parking lot costs
have increased from the original estimate of *700,000 which in stated in the
Memorandum of Understanding between the Town of Estes Park and the
Supporters ofthe Performing Arts (GOPA)to$1.5million.
3. TOWN ADMINISTRATOR REPORT.
1. The fire that started inDunravanGlade near Glen Haven ke35%contained.
Due to the arrival of cooler weather, crews have been called off for the night,
but remain onstandby.
2. AA11 remembrance ceremony will bmheld nnFriday, September 11.2D8A
at 5:30 p.m. Fire Chief Dorman and Police ChiefKufe|d will both speak at the
ceremony.
3. ACTION ITEMS.
1. RESOLUTION #17-09 ESTES PARK LOCAL MARKETING DISTRICT
BUSINESS & OPERATING PLAN.
Trustee B|aokhurst necused himself from the discussion related to the Local
Marketing District (LIVID) and honk a seat in the audience. Ken Lnroon, LIVID
Choir, described the process leading up to the formation of the LIVID which
began with the passing ofthe ballot question odthe November 2UU8election;
the appointment of seven LPWD board members — two Lahmer County
appointees and five Town appointees; and the development of organizational
atruotuna, miamimn, vimion, and core values for the organization. The LYWU
Board developed an Operating Plan which includes a strategic marketing plan,
the budget for 2U10.and projections for the remainder of2UO9. The Operating
Plan requires the approval of the Town Board as well as the LahmerCounty
Board ofTrustees — September 8'2VV9—Page 5
Commissioners. The Trustees expressed appreciation tothe LMD Board for
their efforts, and the energy and enthusiasm being invested inthe LK8D. It was
moved and seconded (Eioen|auor/MiUar) to pass Resolution #17'89
approving the Local Marketing District Business and Operating Plan as
pnemented, and it passed unanimously, with Trustee B|aokhurst roouaing
Trustee Blackhurst returned to the dais at 8:44 p.m.
2. REQUEST TQENTER EXECUTIVE SESSION:
kwas moved and seconded (Eioenauer/Levno)the Town Board enter into
Executive Session for the purpose of determining positions relative to
matters that may be subject to negotiations, developing strategy for
negotiations, end/or instructing negotiators regarding the Estes Park
Urban Renewal Authority (mtenQmxamnnmentm| Agreement undorC.R'S' 24-6-
482(4)(e),and itpassed unanimously.
Mayor Pinkham md|od a five-minute break at 8:45 p.m. prior to entering into Executive
Mayor Pinkham reconvened the meeting at 0:31 p.m. from Executive Session
whereupon haadjourned the meeting utA:31p.m.
CTh
ia Deats, Deputy Town Clerk
C. Pinkham, Mayor