HomeMy WebLinkAboutMINUTES Town Board 2009-11-24Town of Estes Park, Larimer County, Colorado, November 24, 2009
Minutes ofoRegular meeting of the Board of Trustees ofthe Town of Estes
Park. Lahnler County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 24"' day ofNovember, 2009. Meeting called to order by
MayorPinkhann.
Also Present:
William C. Pinkhonn, Mayor
Mayor Pro Tern Chuck Levine
Trustees Eric B|ackhurst
Dor|oEisen|muer
John Ericson
Richard |1onneier
Jerry K8iUar
Greg White, Town Attorney
Jacquka Ha|burn[, Town Administrator
Lowell Fliuhardoon, 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.
SWEARING |N0FOFFICER ROBERTSON.
Town Clerk Williamson conducted a swearing in ceremony for Police Officer Caleb
PUBLIC COMMENT.
Frank Theis/County resident and town property owner does not support a nepan*ka set
of regulations for wind turbines. He stated the current land use code contains
regulations that should be used for the sighting of wind turbines in the valley.
David Habooker/Town citizen read a prepared statement requesting the Board stop
reciting the 'under God' Pledge. He thanked the Board for their work on preparing the
2010budget.
TOWN BOARD COMMENTS.
Mayor Pro Tern Levine and Trustee Eben|euer recognized the Restorative Justice
Program for the award received at the NLC Conference for Municipal Excellence. Only
eight other municipalities were recognized from around the country. They thanked and
recognized the Police Department and especially Amanda Nag| for her efforts in
managing the program.
Trustee Ericson stated the joint meeting held with the Planning Commission and the
Town Board to discuss issues was productive and encouraged future meetings.
Trustee Homeierappreciates the effort of the Planning Commission in reviewing the
possible wind turbine regulations.
1' CONSENT AGENDA:
1. Town Board Minutes dated November 1O.200A.
2. Bills.
3. Committee Minutes:
A. Community Development, November 5.2009.
Board ofTrustees — November 24,2OV9—Page 2
2. Neighborhood Subdivision Fee Waiver for attainable housing.
4. Estes Valley Planning Commission Minutes Oobobor2U. 2009 and November
12.2OO9(acknowledgement onh).
5. Estes Park Urban Renewal Authority Minutes October 21. 2009 and Special
Meeting Minutes October 29, 2009 (acknowledgement only).
It was moved and seconded (Levine/Miller) to approve the consent agenda, and it
passed unanimously. Tmnbae Ericson stated m review of the bills demonstrates the
Town continues to hire local contractors for projects in town, thus keeping money local.
2. LIQUOR ITEMS:
1. LIQUOR LICENSING: TRANSFER OF OWNERSHIP — FROM HILL
BROTHERS INC. dbaEO'SCANTINA & GRILL TDwAGAK8OINC. dbaEO'8
CANTINA &GRILL, 390 E. ELKHORN AVENUE, HOTEL& RESTAURANT
LIQUOR LICENSE.
Town Clerk Williamson stated that the necessary paperwork and fees have
been submitted for the transfer. The required T.|.P.S. training has not been
completed; however. Karla Dubois/new owner anticipates sending the current
staff to training as soon as possible. Mayor Pro Tam Levine reminded the
owner oftheir responsibility to uphold the liquor laws. It was moved and
seconded (8|aokhurot/Eioen|aumr) to approve the Transfer of Ownership
Application filed Kammgu Inc. dbm EO'S CANTINA & GR|LL, and it passed
unanimously.
3. REPORTS AND DISCUSSION ITEMS:
1. COLLECTION STORAGE AND CLIMATE CONTROL FEASIBILITY STUDY.
Director K]bdonkstated in2O08the Museum received a National Endowment
for the Humanities grant to retain the services of two conauUants, o collections
specialist and an architect. Their purpose was to aaaemn current collections
storage needs and develop m plan for a suitable collections management
facility. The proposed facility would be 6,000 sq. ft. and cost $1.7 million. The
yNOU with the Euhan Park Museum Friends and Foundation, Inc. (EPMFF)
includes fundraising for capital improvemento, thmrofore, the cost of the
building would be funded through outside fundraising by EPMFF and grants.
2, GRANDSTAND PROGRESS REPORT.
Deputy Town Administrator Richardson presented m progress report for the
gnundstandu, including spreadsheets to track progress and expenses
Demolition of the old grandstands was completed on (Jotobor27m Tay|op
Kohrs has since begun work on setting the grades and diggingthefoundadon
for the building. Abuilding permit was issued onNovember 13m Installation of
water lines, electric lines and sewer lines has been initiated. Achange order
would be forthcoming for the redirect of the water line. Additional design costs
would be incurred for the water standpipes to meet year round use of the
concession and naatroom facilities. In order to meet code, an engineer was
retained to review the roof design to ensure the venting of smoke in the event
ofafire. The steel structure should be onsiteby mid January. TheAd'Hun
Design Committee would reconvene to address the concession stand finishes
and which entity would be responsible for the 000ta, i.e. oonooaoionaiva.
EPURA or Town.
Trustee Miller requested the Board review Town funds committed to the
pnojoo, the contingency funds, miscellaneous fee items. (VIP Chmino, sound
system, |anduoaping), and address fee waivers mentioned in the |GA with
Board ofTrustees — November 24,2O09—Page 3
EPURAatthe next Board meeting. Trustee Ericson requested adiscussion on
the future role of the Ad -Hoe Design Committee also be added.
3. TOWN ADMINISTRATOR REPORT.
° The Town anticipates the demolition ofthe Park Theater Mall hmbegin by
Interstate on Monday, November3U~' Rockwell would remain open and
half ofthe Riverside parking lot would beshut down during the demolition.
|tioanticipated totake nomore than 30days.
° This Friday, November 27~'inthe "Catch the Glow "pnrade
4. ACTION ITEMS:
1. PUBLIC HEARING —2010BUDGET —ADOpTION.
Mayor Pinhham opened the public hearing, and Finance Officer McFarland
reviewed the budget process. Hediscussed how the revenues are proposed b>
beexpended inthe ensuing fiscal year for the Highway User's Trust Fund. The
following Resolutions were also presented:
A. Resolution #21'O8 Setting the NliU Levy (1738mills for 2010—A
temporary reduction in the mill levy from 1.822 mills to 1738 mills is
required for 2010 due to property tax increase spending limits of
5.596per C.R.S.20'1'301.
B. Resolution #22'0A'Adopting the 2O10Budget.
C� R000|uhon#23'OQ Appropriating Sums ofMoney.
Finance Officer McFarland obabad numbers received from other entities such as
the county have been verified. Administrator Ha|burnt nbnhsd the budget
contains 1096 increase for health insurance. TheTmwn'e insurance broker
continues towork on providing the Town with the best insurance at the lowest
cost and is looking atoptions that may increase rates an |d±|e as 1%. Trustee
B|aukhuntrequested staff investigate self insurance options for 2011,
DavidHabecker/Town resident stated if the Town makes the decision to go self
insured, then the Town may want to consider insuring all citizens of Estes Park.
There being no further testimony, Mayor Pinkham closed the public hearing,
and it was moved and seconded (Levire/Ericson)the Highway Users Trust
Fund and Raoo|utions21'M9. 22'09 aod23-O9 be approved, and it passed
unanimously. Mayor Pinkhamand the Board ofTrustees thanked staff for their
efforts during the budget process.
2. TOWN BOARD 3W10GOALS.
Town Administrator Ha|bumt reviewed the 2010 Town Board Goals as
discussed by the Town Board at a previous study session: 1) Improve
Transportation; 2) Sustain Infrastructure — Explore Street and Drainage Utility-,
3) Stanley Park Redevelopment; 4) Bond Park Redevelopment; 5) Develop
Economic Strategy — Explore Grant Opportunities; and Update Development
Code—SupportFireCode.
Discussion was heard amongst the Board and issummarized: Trustee Ericson
proposed changes tothe goals with more detail provided for goals listed and
the addition of affordable housing and a community center; discussed the need
to develop an energy policy; the Fire Code to be addressed by the Fire District
and not the Town; the goals should bebroad toallow staff todevelop onaction
plan; and affordable housing tobeaddressed bythe Housing Authority.
It was moved and seconded (Eisenkauor/Homeier) to approve the 2010
Board ofTrustees — November 24, 2009—Page 4
Energy Policy added as m sub -bullet to Sustain |nfn*mtu/otuoe, and it
passed unanimously.
3. ORDINANCE #09-09—AMENDING SECTIONS 2.52.020 AND 2.52.U4UOF
THE MUNICIPAL CODE PERTAINING TOSALARIES QFTHE MUNICIPAL
JUDGE AND MUNICIPAL COURT CLERK.
Town Clerk Williamson reported per Colorado Revised Statutes, the Municipal
Code requires the salaries of the Municipal Judge and the Municipal Court
Clerk be reviewed every two years. The increase in salary amounts to 596.
The Board discussed the need to establish e review process for appointees
such as the Municipal Court Judge and Clerk. Town Attorney White read
Ordinance #00'09It was moved and seconded (B|aokhurst/K4i||er) to
approve Ordinance #09'09 increasing the salaries of the Municipal Court
Judge and Clerk effective January 1,2010.and itpassed unanimously.
4. ORDINANCE #10-0— TEMPORARY MORATORIUM FOR MEDICAL
MARIJUANA DISPENSARIES.
Town Attorney White provided a brief history on the legalization of medical
morijuana, including the 2000 constitutional amendment to legalize the use for
medical pnopooes, and in February 2009 the federal government announced it
would no longer enforce the federal marijuana laws as long an marijuana was
being used in accordance with state law. This change has resulted in e
number of new patients and primary caregivers in Co|omdo, including the
opening cfmedical marijuana dispensaries. This has raised unumber ofpolicy
and legal issues for municipalities. The Town does not have provisions in the
Municipal Code or the Development Code to address these businesses. Staff
recommends the Town Board adopt an emergency ordinance to impose o
seven -month moratorium on the establishment of medical marijuana
dispensaries in Town. During the moratohum, staff would work on proposed
code amendments ne|mhsd to these businesses. Attorney White read
Ordinance #10'09. After further diauuaoion, it was moved and seconded
(B|ankhumt/[Ni||er) to approve Ordinance #10'09 placing e temporary
moratorium onmedical marijuana dispensaries effective immediately, and
itpassed unanimously.
5. REQUEST TOENTER EXECUTIVE SESSION:
Kwas moved and seconded (Eisen|ouer/Levne)the Town Board enter into
Executive Session for the purpose of discussing a personnel matter; not
involving any specific employees who have requested discussion of the
matter in open session; any menmbe, of the Town Board (or body); the
appointment nfany person tnfill anoffice mfthe Town Board (or bmdy)|mr
personnel policies that do not require discussion of matters personal to
particular employees, under C.R.S. 24-6-402(4)(f). and it passed
unanimously.
Mayor Pinkhom cm|led m 10-minute break at 8:55 p.m. prior to entering into Executive
Mayor Pinkham reconvened the meeting at 9:50 p.m. from Executive Session
whereupon headjourned the meeting mtQ:SUpm. ,
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,de Williamson, Town Clerk