HomeMy WebLinkAboutMINUTES Town Board Special Meeting 2010-03-30Town of Estes Park, Larimer County, Colorado, March 30, 2010
Minutes of a Special 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 30th day of March, 2010. Meeting called
to order by Mayor Pinkham.
Present:
Also Present:
Mayor William C. Pinkham
Trustees Eric Blackhurst
Dorla Eisenlauer
John Ericson
Richard Homeier
Jerry Miller
Jacquie Halburnt, Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: Chuck Levine, Mayor Pro Tem
Lowell Richardson, Deputy Town Administrator
Prior to the regular meeting a graduation ceremony was held for the 2010 Citizen's
Information Academy at 6:30 p.m.
GRADUATION CEREMONY: 2010 CITIZENS INFORMATION ACADEMY (CIA).
Mayor Pinkham, Museum Director Kilsdonk and Town Administrator Halburnt -
Presented participation certificates and Town of Estes Park hats to the following class
members:
Reuben Bergsten Sheila Brennan
Don Bryson Connie Clark
Joseph Evans Gayl Foshee
Raymond Hertz Susie Hertz
Thor Homme Alicia Mittelman
Rex Poggenpohl Sharon Poggenpohl
J. Philip (Joe) Sarboe Peter Sinnott
Roger Steers Joshua Timberlake
Kathy Bryson
Charley Dickey
John Guffey
Darlene Homme
Ward Nelson
Robert M. Rising
Stephanie Sinnott
Mayor Pinkham declared a 10-minute recess where a public reception was held
following the graduation ceremony.
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
ACKNOWLEDGEMENT OF AL SAGER'S YEARS OF SERVICE.
Mayor Pinkham presented a plaque to Al Sager, commemorating 36 years of service to
the Town of Estes Park as an Estes Park Planning Commissioner and Chairman, an
Estes Valley Planning Commissioner and an Estes Valley Board of Adjustment
Commissioner. Al Sager expressed his appreciation to the Mayor, Board of Trustees
and Staff.
PROCLAMATION — VOLUNTEER WEEK.
Mayor Pinkham read a Proclamation acknowledging April 18-24 as Volunteer Week
and thanked all the volunteers of Estes Park.
Board ofTrustees — March 30,201V—Page 2
PUBLIC COMMENT.
Charlie Diokey[Tnwn citizen thanked the Board for the opportunity to attend CIA. He
stated the all individuals nominated for a Pride Award should be naongn\zad, not just
the winners and suggested the Board consider civil servant award in the future. He
requested the Board respond to the letter o/interest presented to the Board at the
March 23. 2010 meeting regarding the completion of the hvemvo|k through the Park
Theater Mall property.
TOWN BOARD COMMENTS.
Trustee B|aokhunstannounoed the Utilities Committee meeting on April 8' 2010wmu|d
be oonoe||md in lieu of the Open House for the newly completed Marys Lake Water
Treatment facility.
Trustee N1iUor reminded the public that the Community Development Committee
meeting would beheld onThursday, April 1*at8:30u.m.inthe Board Room.
Mayor Pinkham reminded the public to vote and return their mail ballots by 7:00 p.m. on
Tuesday, April O.2O1O.
1. REPORTS AND DISCUSSION ITEMS:
1. GRANDSTAND UPDATE.
Town Administrator Ha|bumtstated 1796cf the work has been completed by
local contractors. The project has experienced cost overruns inthe range of
$200.000 to $300.000. Deputy Town Administrator Richardson would review
EPURAfunds to determine how much can be contributed by the Authority to
cover additional costs. Director Zurnreported the installation ofthe bleachers
has begun.
2. TRANSPORTATION HUB FUNDING.
Director Zurn stated the Town received a Congestion Mitigation and Air Quality
grant in an amount of$700.000to help deal with air quality issues in Northern
Colorado. He reviewed the presentation provided tothe Upper Front Range
Transportation Region Board. The money would be used to fund a portion of
the Stanley Park transit hub to reduce congestion and pollution. Staff
anticipates using the funds in conjunction with additional grant funds to build
the transit hub. The current grant must be used to make an immediate impact
on air quality; thereforo, staff anticipates construction to begin in the fall.
Trustee Miller requested staff review options to expand the parking at the
fairgrounds ifthe additional grant becomes available.
3. PUDPROBLEM STATEMENT.
A problem statement for Planned Unit Developments (PUO) has been
developed jointly between the Town Bound and the Estes Valley Planning
Commission. Trustee [@iUor reviewed the statement that would address the
ounort limitations of the PUO code nagu|ationo, allow creative approaches to
development to meet needs of the community (affordable and employee
housing and preservation of open space) and to investigate how flexibility and
creativity could be encouraged infuture developments to promote good design
practices. The result would be a credible analysis of the current regulations
compared to other communities, general recommendations for changes to the
existing regulations and a problem statement for specific direction for code
revisions. After further discussion, the Board consensus was to send the
statement to the Planning Commission for consideration with the addition of
public involvement tothe scope ofthe problem statement.
Board of Trustees — March 30, 2010— Page 3
4. TOWN ADMINISTRATOR REPORT.
• None.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEMS:
A. Ordinance #11-10 Micro -Wind Turbine Amendment to the Estes Valley
Development Code — Public Hearing. Mayor Pinkham opened the public
hearing. Planner Shirk reviewed the changes to the code including size
of a micro system, height, setback requirements, ridgeline protection,
noise, lighting prohibited, operating condition, ground clearance, permits
for units connected to the grid, number of systems per lot, underground
electrical connections and permitted use in non-residential and residential
as an accessory use. The swept area of an individual unit would be 15
square feet with a maximum of 45 square feet per lot and a minimum
ground clearance of 10 feet.
Public Comment:
Paul Brown/Town citizen requested the Board consider modifications to
the Larimer County regulations on wind generators as outlined in the
letter provided on March 26th in lieu of the proposed amendments. He
stated a special review process for units that do not meet the minimum
standards should be established. He stated concern with the Board
separating out regulations for micro units and all other wind units, and
expressed concern with the exclusionary code that continues to be
developed by the Planning Commission. He requested the Board
consider allowing electrical connections to be above ground, no permits
for units less than 12 feet high and enclosures to protect from moving
parts as an option to a minimum ground clearance. He requested the
Town Board remand the code changes to the Planning Commission for
further review.
Dave Rusk/County citizen requested the Board reconsider the separation
and creation of two separate codes for micro units and all other units.
Separate regulations would be difficult to regulate. The Larimer County
regulations address many of the issues being considered by the Town.
Bob Clements/County citizen presented a modification to the proposed
code changes including a maximum size of 80 square feet, only one unit
per lot for units larger than 15 square feet and 2 times the setback for
units larger than 15 square feet. He requested ground clearance be
modified to safety clearance and include the option for screening of the
moving parts lower than 10 feet. He asked the Board to direct the
Planning Commission to review a middle ground with relation to units
above 15 square feet and less than 80 square feet.
Ron Norris/Chair of EVPC stated the separation of the micro units has
allowed a simplified set of code regulations to be developed thereby
making the unit available immediately. The Planning Commission has
begun the process of developing a review process for the larger units with
acceptable standards, consideration of smaller setbacks, and use by right
for the smaller turbines.
Mayor Pinkham closed the public hearing. After further discussion, it was
moved and seconded (Miller/Ericson) to approve Ordinance #11-10
Board of Trustees — March 30, 2010— Page 4
with modification of (8) Ground Clearance to include clearance or
enclosures from moving blades or moving parts shall be enclosed
with either fencing, grilles, guards, screening, shrouds or any
combination thereof, and it passed unanimously.
Mayor Pinkham called a 10 minute beak at 9:20 p.m. and reconvened the
meeting at 9:30 p.m.
B. Special Review #2010-01, Circle of Friends Montessori School, Lot 1,
Masonic Subdivision, Circle of Friends Montessori School/Applicant. Item
was withdrawn by the applicant. Trustee Homeier requested Town staff
review the special use of the lodge as a church.
C. Improvement Guarantee Time Extension, Streamside on Fall River
Condominiums. Applicant requests a 3 year time extension on the
construction of adequate public facilities. Planner Chilcott stated the
Town Board approved a condominium map for the property in 2006 which
triggered the completion of public improvements to the property. The
EVDC required the improvements (water main, fire hydrant, expanding
internal paved roads, upgrading electrical main and service lines and
upgrading/expanding the sewer system) be completed within 2 years from
approval. Trail improvements have been paid for by the owner; however,
all other improvements remain incomplete.
Lonnie Sheldon presented a proposed phasing plan and cost estimate for
completion of the improvements. He stated the applicant is in agreement
with the proposed conditions of approval.
It was moved and seconded (Miller/Blackhurst) to approve the
Improvement Guarantee Time Extension for Streamside on Fall River
Condominiums conditional to 1) Completion of the phasing outlined
by the applicant in Van Horn Engineering letter dated March 12, 2010;
2) No building permits for new units until improvements have been
completed; 3) An updated cost estimate, reflecting current
construction costs, shall be submitted for staff review and approval;
(4) A letter of credit shall be provided for the full amount of the
updated cost estimate and the letter of credit shall bear an expiration
date no later than December 1, 2013, or a cash financial guarantee
shall be provided; and (5) If there is a condominium sale water and
road improvements must be completed before such a sale is made,
and it passed unanimously.
3. ACTION ITEMS:
1. APPOINTMENTS.
a. Tree Board — Craig Adams, completing term of Wendell Amos, expiring
04/30/12. It was moved and seconded (Eisenlauer/Miller), to approve
the appointment of Craig Adams to the Tree Board as stated above,
and it passed unanimously.
b. Estes Valley Board of Adjustment — Mark Elrod, 3-year term, expiring
March 31, 2013. Discussion was heard on the appropriateness of
appointing a current Trustee candidate prior to the election. After further
discussion, it was moved and seconded (Homier/Ericson), to table the
appointment until after the Municipal election on April 6, 2010, and it
Board of Trustees — March 30, 2010— Page 5
passed, with Trustee Miller voting "No" and Trustees Blackhurst and
Eisenlauer recusing themselves due to a conflict of interest.
c. Platte River Power Authority — Reuben Bergsten, completing term of B.
Goehring, expiring December 31, 2011. It was moved and seconded
(Blackhurst/Eisenlauer) to approve Reuben Bergsten to the Platte
River Power Authority as stated above, and it passed unanimously.
2. FEE WAIVER FOR PARK THEATER MALL BUSINESSES.
Administrator Halburnt stated staff and the Town Board have met with the Park
Theater Mall business owners to discuss fee waivers, and as a result the
following fee waivers are being proposed: waiving/reimbursing a one-time
business license fee and reimbursing $500 in town services/fees through
December 31, 2011 for 16 affected businesses (Park Theater Mall businesses,
Caramel Crisp, Copper Penny and Rocky Mountain Traders). The
waivers/reimbursements would be paid from the Catastrophic Loss Fund with a
maximum cost of $11,200. Deputy Town Administrator Lowell Richardson
would be the single point of contact for the business owners moving forward.
The Board discussed the reaction of other business owners in town to the
waiving of business license fees, the setting of precedence, and other
businesses have suffered from disasters and received no aid from the Town in
the past.
Paul Fishman/14ers Cafe and Park Theater Mall representative stated the
request for additional fee waivers is related to fees that a business would have
already invested when first opening a business such as building permits and
sign permits.
Charlie Dickey/Town citizen stated the request by the businesses would set
precedence and reinforce the sense of entitlement. Businesses have to
protect themselves from potential disasters.
After further discussion, it was moved and seconded (Ericson/Miller) to
approve a $500 credit toward Community Development fees through
December 2011 for the licensed Park Theater Mall businesses destroyed
in the fire and the Copper Penny, Rocky Mountain Traders and Caramel
Crisip, and it passed with Trustee Eisenlauer voting "No".
3. ORDINANCE #10-10 AMENDING AND RESTATING TITLE 2 PERTAINING
TO ADMINISTRATION AND PERSONNEL AND SECTION 9.02.040 (1)
PERTAINING TO FALSE REPORTING TO AUTHORITIES.
Attorney White stated Title 2 of the Municipal Code has been amended to
include only those sections required by the Colorado State Statutes. The
revisions remove portions such as the Tree Board and Unclaimed Property that
belong in the appropriate Town Department policy manual; rearrange sections
for clarity; consolidate sections related to appointment of Town Officers;
remove appointment of the Fire Chief; and clarification that newly elected
officials would be seated after certification of election results. Section
9.02.040 removes the reference to the Volunteer Fire Department due to the
formation of the Fire District in November 2009.
Mark Elrod/Town citizen questioned additional changes to Title 2 including a
review of the current quorum language which includes the Mayor; clarification
of Committee appointments; including the Mayor as a voting member of the
Board; providing gender neutral language; include Town Administrator under
Appointments; and questioned why sections of the statutes were not included
Board of Trustees — March 30, 2010— Page 6
in the revisions such as Removal of officers -causes -notices and Oath of
officers -bonds -waiver -declaring office vacant. Attorney White stated the Estes
Park is a statutory town; therefore, it is not necessary to reiterate the statute in
the Municipal Code.
After further discussion, it was moved and seconded (Blackhurst/Miller) to
approve Ordinance #10-10 with the addition of the word "meeting" in
Section 2.28 Town Administrator, appointment and addition to Section
2.24.020 outlining vacancies, and it passed unanimously.
4. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Eisenlauer/Miller) the Town Board go into
Executive Session — For the purpose of determining positions relative to
matters that may be subject to negotiations, developing strategy for
negotiations, and/or instructing negotiators under C.R.S. Section 24-6-
402(4)(E) and for the purpose of a conference with Town Attorney White
to receive legal advice regarding potential litigation C. R. S. Section 24-6-
4-2(4)(b)., and it passed unanimously.
Mayor Pinkham recessed the meeting to enter into Executive Session at 11:00 p.m.
Mayor Pinkham reconvened the meeting at 11:42 p.m. from Executive Session
whereupon he adjourned the meeting at 11:42 p.m.
William C. Pinkham, Mayor
Jac I i Williamson, Town Clerk