HomeMy WebLinkAboutMINUTES Town Board 2009-12-08Town of Estes Park, Larimer County, Colorado, December 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 December, 2009. Meeting
called to order by Mayor Pro Tem Levine.
Present:
Also Present:
Mayor Pro Tem Chuck Levine
Trustees Eric Blackhurst
Dorla Eisenlauer
John Ericson
Richard Homeier
Jerry Miller
Greg White, Town Attorney
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: William C. Pinkham, Mayor
Jacquie Halburnt, Town Administrator
Mayor Pro Tem Levine called the meeting to order at 7:00 p.m. and all desiring to do
so, recited the Pledge of Allegiance.
ROOFTOP RODEO PRESENTATION
Special Events Manager Winslow presented the Town Board with the 2009 Small
Rodeo Award for the Rooftop Rodeo. The Board thanked the Rooftop Rodeo
Committee for their dedication and continued effort to make the rodeo a success.
PUBLIC COMMENT
Pam Shaddock/Regional Director for Senator Udall's Office thanked the Town for its
efforts during Senator McCain and Senator Udall's visit to Estes Park in August. She
stated Town questions or concerns for Senator Udall should be addressed through her
office. She requested the Board send any comments or items that should be included
in job legislation.
Amy Hamrick/Kind Coffee stated her business has withdrawn its application to move
coffee roasting to the "CH" Commercial Heavy zoning district located on Dunraven
Street. Kind Coffee has the right to continue to roast coffee at the current location in
the "CO" Commercial Outlying zoning district, which has been upheld by the Town
Board at two separate meetings. She commented on her efforts to continue to grow her
business in Estes Park and her inability to stop the dialog of her neighbors that find
coffee roasting offensive.
TOWN BOARD COMMENTS.
Trustee Blackhurst reminded the public that the Estes Park Housing Authority meeting
would be held on Wednesday, December 9th at 8:30 a.m. in Room 203 and the Utilities
Committee meeting would be held on Thursday, December 10th at 8:00 a.m. in the
Town Board Room.
Trustee Ericson thanked Senator Udall for his efforts in passing the Wilderness
designation for Rocky Mountain National Park.
1. CONSENT AGENDA:
Board of Trustees — December 8, 2009— Page 2
1. Town Board Minutes dated November 24, 2009 and Town Board Study
Session Minutes dated November 24, 2009.
2. Bills.
3. Committee Minutes:
A. Public Safety, November 19, 2009.
4. Appeal of Staff's determination that a commercial roasting operation is a use
by right in the "CH" Commercial Heavy zoning district. Withdrawn by
applicants.
5. Reappointment of Kathy Palmeri to the Estes Valley Local Marketing District
for a 4-year term expiring on December 31, 2013.
6. Library Board Appointments — Reappointment of Amy Hamrick for a 4-year
term expiring on December 31, 2013 and Appointment of John Kamprath to
fill term of Lenie Gabridge, term expiring on December 31, 2011.
It was moved and seconded (Blackhurst/Miller) to approve the consent agenda, and
it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. TOWN ADMINISTRATOR REPORT.
• The Colorado Liquor Enforcement division conducted a compliance check
in Estes Park on November 14, 2009 in which four local liquor
establishments failed. Liquor license renewals are conducted
administratively by the Town Clerk's office; however, the Board has
requested the renewals for the four businesses be reviewed by the full
Board. Town Clerk Williamson stated the renewals would be reviewed in
January, February, March and August when each license comes due.
2. TOWN ATTORNEY UPDATE.
None.
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 — First Reading/Public Hearing. Planner Chilcott
reviewed the changes, including the definition of accommodation use,
guest room, guest quarter, household living, and nightly rental in the
EVDC Chapter 13, and revisions to the definition for Bed and Breakfast
(B&B) versus vacation home uses and the districts in which these uses
are permitted. B&Bs would only be allowed in the "RM" and "R-2" zoning
districts with rental to multiple parties. Vacation homes would be allowed
in all residential zoning districts as a principal use with rentals to only one
party at a time. All land use regulations regarding vacation homes
currently in the Municipal Code would be moved to the Development
Code and apply to all vacation homes in the valley. The Estes Valley
Planning Commission (EVPC) unanimously recommended the code
revisions. As there were no public comments, the public hearing was
continued to January 26, 2010 for a second reading.
Board of Trustees — December 8, 2009— Page 3
B. Accessory Kitchen Amendments to the Estes Valley Development Code —
Public Hearing — First Reading. Planner Shirk reviewed the revisions that
would allow a second kitchen in a single-family residential dwelling. The
kitchen would be for use by the family residing in the dwelling, accessory
to the first kitchen, and approval of the accessory kitchen would not be
approval of a second dwelling unit or accessory dwelling unit. A land use
affidavit would be required and recorded to ensure the dwelling unit was
maintained as one unit. EVPC unanimously recommended the revisions.
The Board discussed the number of second kitchens that currently exist in
the valley and questioned how staff would handle these units with regard
to the land use affidavit. Staff would require a land use affidavit be
completed for non -conforming dwelling units as the structures are
identified, most likely through the building permit process, i.e. remodel
permits. As there were no public comments, the public hearing was
continued to January 26, 2010 for a second reading.
4. ACTION ITEMS:
1. ORDINANCE #11-09 EXTEND TEMPORARY MORATORIUM FOR WIND
TURBINES.
Attorney White reviewed Ordinance #11-09 to extend the current moratorium
on the issuance of any building permits or review of any applications for
building permits for wind turbines within the Town for a period of 90 days. The
additional time would allow the EVPC to make a recommendation to the Town
Board and the Board of County Commissioners of amendments to the EVDC
with regard to the construction, location, and operation of wind turbines within
the Estes Valley Planning area. Attorney White read the Ordinance. After
discussion, it was moved and seconded (Ericson/Homeier) to approve
Ordinance #11-09 to extend the temporary moratorium for wind turbines
for an additional 90 days (March 8, 2010) with an emergency clause, and it
passed unanimously.
2. ORDINANCE #12-09 SECTIONS 9.40.010 & 9.40.020 POSSESSION OF
FIREARMS ON TOWN PROPERTY.
Chief Kufeld presented Ordinance #12-09 amending Chapter 9 of the
Municipal Code prohibiting firearms on Town premises within Town Hall,
Convention and Visitor's Bureau, Conference Center, Museum, Senior Center
and Stanley Park Fairgrounds. This change would ensure the safety of the
Town Board, employees and citizens of Estes Park conducting business within
the aforementioned buildings/areas. Signage would be placed within each
facility to notify the public; however, the code revision would not prevent an
individual holding the proper permit from carrying a concealed weapon.
Discussion followed on the need to add language that would allow the Town to
authorize participants in special events at the fairgrounds to carry firearms, i.e.
the Scotsfest. The Board also discussed the potential for including Bond Park.
Attorney White informed the Board the state statute requires the area to be
posted with controlled access; therefore, Bond Park could not be included.
Attorney White read the Ordinance. It was moved and seconded
(Homeier/Miller) to approve Ordinance #12-09 to add Section 9.40
Possession of Firearms on Town Property to the Municipal Code with the
addition of language to allow special event participants to carry firearms
through the special event permitting process, and it passed unanimously.
Board of Trustees — December 8, 2009— Page 4
3. INTERGOVERNMENTAL AGREEMENT WITH LARIMER EMERGENCY
TELEPHONE AUTHORITY (LETA) FOR COPLINK INFORMATION SHARING
SYSTEM.
Chief Kufeld presented COPLINK, a seamless, integrated system of statewide
information -sharing technology and services enabling agencies across the
state to facilitate sharing data. Police officers would have Internet access
available from their patrol vehicles to allow quick access to other agency data,
reducing the number of staff hours involved in investigations. LETA has
entered into an agreement with the Colorado Information and Sharing
Consortium (CISC) to allow LETA and the participating agencies access to the
system at a minimal cost to each agency. LETA has covered the costs
associated with the conversion data, licensing fees and annual data
maintenance. There would be no cost to the Police Department in 2010;
however, a maintenance fee would be assessed in 2011 in the amount of
$660.87. After discussion, it was moved and seconded (Eisenlauer/Ericson)
to approve the Intergovernmental Agreement with LETA for the use of
COPLINK by the Estes Park Police Department, and it passed unanimously.
4. TRANSITIONAL INTERGOVERNMENTAL AGREEMENT (IGA) AND
INTERGOVERNMENTAL AGREEMENT WITH THE ESTES VALLEY FIRE
PROTECTION DISTRICT.
Fire Chief Dorman presented two IGAs that were included in the Service Plan
for the Estes Valley Fire Protection District. The purpose of the Agreements is
to transfer the responsibility and authority for fire response in the Service Area,
including the Town, to the newly formed District. The Transitional IGA provides
that the Town would retain operational control and responsibility for fire
services until January 1, 2010. The IGA addresses the transfer of operational
activities of the Estes Park Volunteer Fire Department from the Town to the
District, leasing of the Fire Station, payment of the Town's financial obligation
to the District, and provision of dispatch services. The IGA provides for the
employment of three current Fire Department employees by the District,
agreement by the District to honor all pre-existing agreements related to
provision of fire services, and the provision of certain other services by the
Town including such services as accounting, human resource and vehicle
maintenance. The IGA transfers the Estes Park Volunteer Pension Fund from
the Town to a new Volunteer Pension Fund formed by the District, including
pension liabilities for all Estes Park Volunteer Firefighters, retired and current.
Item 5 of the continuing operation IGA should be amended to change August
15, 2010 to September 15, 2010 prior to executing the agreement. After
discussion, it was moved and seconded (Ericson/Eisenlauer) to approve the
Transitional Intergovernmental Agreement and the Intergovernmental
Agreement with the Estes Valley Fire District, and it passed unanimously.
5. ORDINANCE #13-09 LEASING OF THE DANNELS FIRE STATION TO THE
ESTES VALLEY FIRE PROTECTION DISTRICT.
The Ordinance approves the lease of the Dannels Fire Station and fire training
area on Elm Road from the Town to the District for 10 years with an option to
renew for 2 additional 5 year terms. The District would maintain and repair the
premises including the structure, parking lot, irrigation systems and mechanical
systems. No rent would be payable pursuant to the terms of the Lease. The
District would comply with the Special Use Permit between the United States
Department of the Interior and the Town effective July 15, 1995. In the event
the Special Use Permit is revoked by the government, the Lease would be
terminated and the Town would not be liable to the District. Attorney White
read the Ordinance. After discussion, it was moved and seconded
(Miller/Eisenlauer) to approve Ordinance #13-09 for the leasing of the
Board of Trustees — December 8, 2009— Page 5
Dannels Fire Station to the Estes Valley Fire Protection District, and it
passed unanimously.
6. RESOLUTION #24-09 EMERGENCY RESPONSE AUTHORITY
DESIGNATION.
Attorney White stated the Resolution designates the Estes Valley Fire
Protection District as the Town's emergency response authority for the Town of
Estes Park. The Town has in place several IGAs with Larimer County for
Emergency Response Authority as it relates to fire protection, more specifically
fire and hazardous materials, and this Resolution would transfer that
responsibility to the Estes Valley Fire Protection District. It was moved and
seconded (Blackhurst/Homeier) to approve Resolution #24-09, and it
passed unanimously.
7. INTERGOVERNMENTAL AGREEMENT WITH ESTES VALLEY LIBRARY
DISTRICT FOR FINANCIAL SERVICES.
Finance Officer McFarland stated the Town has provided financial service to
the Library for the past 5 years through an IGA. This IGA expires on
December 31, 2009 and the Library has requested renewal of the Agreement.
The Agreement contains no material changes. The Town fee for service would
be increase by 3% compounded annually on January 15t of each year. The
Agreement would be for 2 years with automatic renewal for additional one-year
periods commencing January 151. It was moved and seconded
(Miller/Homeier) to approve the Intergovernmental Agreement with the
Library District for financial services, and it passed unanimously.
8. ORDINANCE #14-09 SECTION 17.66 SIGNS, 17.88 BANNERS AND 17.89
TEMPORARY BANNERS.
Director Joseph reviewed the Municipal sign code amendments as drafted by a
task force. The amendments address banners and the creation of new
language to address temporary banners for businesses located within Town
limits. A business may apply for up to 4 banners per calendar year with a
maximum of 14 consecutive days to display and a maximum of 2 consecutive
permits. The banners would be affixed to a building or a free standing sign
structure and limited to 16 sq. ft. in the "CD" Commercial Downtown zoning
district and 32 sq. ft. in all other zoning districts. The Community Development
Committee recommended the code changes. Town Attorney White read the
Ordinance. After discussion, it was moved and seconded (Miller/Ericson) to
approve Ordinance #14-09 to amend Sections 17.66 Signs and 17.88
Banners and the addition of Section 17.89 Temporary Banners with an
emergency clause to allow the banners to be permitted immediately, and
it passed unanimously.
9. RESOLUTION #25-09 RECERTIFICATION OF THE MILL LEVY.
Finance Officer McFarland stated Resolution #21-09 was approved by the
Town Board on November 24, 2009 setting the mill levy for 2010. The
Assessor's office issued a revised Certification of Valuation on November 25,
2009 that decreased the assessed value, thereby increasing the mill levy from
1.738 to 1.752. It was moved and seconded (Blackhurst/Miller) to approve
Resolution #25-09 to recertify the 2010 Mill Levy set forth in Resolution
#21-09, and it passed unanimously.
10.RESOLUTION #26-09 - 2009 SUPPLEMENTAL BUDGET
APPROPRIATIONS.
Finance Officer McFarland reviewed the supplemental appropriation resolution
allowing a municipality to authorize additional money for a specific fund than
was originally adopted. Eight funds are expected to exceed the original
Board of Trustees — December 8, 2009— Page 6
budget: the Community Reinvestment Fund by $1,346,387, Conservation Trust
Fund by $20,100, Senior Center Fund by $3,102, Open Space Fund by
$139,700, Fire Fund by $24,352, Water Fund by $267,222, Medical Fund by
$7,520, and Fire Pension by $1,155. In addition, 2009 revenues have been
down for many funds and are projected to be down $500,000 in large part due
to a 5% decrease in sales tax, utilities fee collection, building permits and
development fees. After discussion, it was moved and seconded
(Miller/Blackhurst) to approve Resolution #26-09 adopting the
supplemental appropriations for the 2009 budget, and it passed
unanimously.
11.APPROVAL TO ATTEMPT RECOVERY OF COLORADO TRUST FUNDS
THROUGH POLITICAL ACTION/TARP FUNDS.
Finance Officer McFarland stated that 18 months ago the Town lost
approximately $45,200 that was held by the Colorado Trust as a result of
investments held in Lehman Brothers. Efforts have been make to recover the
lost money. The Boulder County Treasurer's Office has begun efforts to
petition the Congress and the appropriate Committees to use TARP funds to
purchase the Lehman securities held by local governments. Staff requests
permission to write letters in support to Rep. Markey and to Senators Bennett
and Udall, and the expenditure of $226 from #101-1100-411-22-98 to cover
additional efforts by Capitol Representatives to recover said funds. Other local
districts affected, including the Hospital, Library, Sanitation and School have
confirmed they support the course of action. The Board requested staff and
Attorney White draft a letter for the Mayor's signature.
12.GRANDSTAND PROJECT — MISCELLANEOUS ITEMS.
Trustee Miller reviewed the approval of Town funds for the grandstand project.
He stated at the Special Joint meeting with EPURA on October 2, 2009 the
Town Board approved not to exceed amount of $927,000 for the project. The
IGA with EPURA for the project included $1 million to allow for contingency
funds. This was done in an effort to avoid changing the IGA in the future. He
stated the interpretation has been that the IGA amount superseded the
approval of $927,000. The amount of contingency is also affected by the
dollar amount approved ranging from $77,000 with Town dedicated funds of
$927,000 to over $150,000 with $1 million dedicated for the project. The
difference in contingency fund could be used for other projects including the
tenant finishes in the concession stand. Discussion followed amongst the
Board on what dollar amount was approved for the project; whether or not the
contingency funds need the approval of the Board; altering the IGA to change
the dollar amount; Town Board control of miscellaneous costs, including
chairs, landscaping and the sound system; the Town's commitment of $1
million has been used by EPURA to enter into a contract with Taylor-Kohrs;
and the need for a member of the Board to provide oversight on major capital
expenditures. After discussion, the Board reached consensus that the
total Town funding for the grandstand project was $1 million.
Trustee Miller stated the IGA with EPURA waived approximately $14,500 in
development fees and formal action has not been taken by the Board to waive
the fees. Trustee Blackhurst requested a fee schedule be presented to the
Board prior to waiving any fees for the project. It was moved and seconded
(Miller/Eisenlauer) to waive development fees for the Grandstand project
at a cost of $14,413, and it passed with Trustee Blackhurst and Trustee
Ericson voting "No".
Board of Trustees — December 8, 2009— Page 7
Trustee Ericson suggested the EPURA and Town Board be informed of
variances to the project in addition to a monthly report by Deputy Town
Administrator/EPURA Director Richardson through the Ad Hoc Design
Committee. He stated the Committee would be an appropriate group for Town
Administration to involve in the daily discussions of the project in an informal
manner. Trustee Miller commented the Committee could be an advisory board
to the staff to discuss changes and costs related to changes. Discussion
followed on what types of reports need to be present and to what Committees
or Boards, and when the Committee would be involved in the project. It was
the consensus of the Board that staff would convene the Ad Hoc Design
Committee as needed when issues arise.
Trustee Blackhurst commented on the lack of oversight past Boards have had
on major capital expenditures and the issues related, including cost overruns,
poor designing, and a lack of proper project management leading to additional
costs later on. Staff suggested the Board consider the oversight of capital
expenditures at a future Town Board Study Session.
Whereupon Mayor Pro Tem Levine adjourned the meeting at 10:14 p.m.
Chuck Levine, Mayor Pro Tem
J kie Williamson, Town Clerk