HomeMy WebLinkAboutMINUTES Town Board 2010-04-27Town of Estes Park, Larimer County, Colorado, April 27, 2010
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 27th day of April, 2010. Meeting called to
order by Mayor William C. Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Dorla Eisenlauer
John Ericson
Richard Homeier
Jerry Miller
Mark Elrod, Trustee Elect
Wendy Koenig, Trustee Elect
Greg White, Town Attorney
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, 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:
Mayor Pinkham proclaimed May 7th Arbor Day in Estes Park and May as the month of
the tree.
PUBLIC COMMENT
Judy Aires/Town citizen spoke to concerns with the coffee roasting/manufacturing at
the west end of Elkhorn Avenue. She expressed dissatisfaction with having to go
through litigation to address the issue.
TOWN BOARD COMMENTS
The Board thanked Trustee Eisenlauer and Trustee Homeier for their years of service
to the Town.
Mayor Pro Tem Levine stated the Pride Awards were presented at the Volunteer
Luncheon on April 23, 2010: Julie Varilek/Teacher of the Year, Mimi
Hardendorf/Business Person of the Year, Les FoilesNolunteer of the Year and Don
Widrig and Tom Anderson/Co-Volunteer of the Year.
Trustee Eisenlauer thanked the Board for the respect and caring she received as
Trustee. She also thanked staff and her husband for his support during the last four
years.
Trustee Miller stated the Local Marketing Board has hired Linda Hill to review the
marketing/advertising program to maximize its return for 2010. He stated May is
Archeological and Preservation month.
Trustee Homeier thanked the Board and the community for the opportunity to serve.
He stated the Comprehensive Plan Committee has completed its review and a report
would be forthcoming to both the Town Board and the Planning Commission. He
Board of Trustees — April 27, 2010 — Page 2
suggested the Board review the policy requiring background checks for Committee
appointments.
Mayor Pinkham stated Secretary of the Interior Salazar has appointed Grand Lake
Mayor Judy Burke to the National Parks Advisory Board.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated April 13, 2010.
2. Bills.
3. Committee Minutes:
A. April meetings for Utilities, Public Safety and Public Works cancelled.
It was moved and seconded (Levine/Eisenlauer) the Consent Agenda be approved,
and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. GRANDSTAND PROJECT UPDATE.
Deputy Town Administrator Richardson stated the project continues to be on
schedule with 73% of the project completed and 77% of the budget expended.
The Town Board approved $200,000 in additional funding at the April 13, 2010
meeting. EPURA would cover the additional $100,000 in cost overruns. The
total cost of the project stands at $2,573,162 with additional costs. This
funding does not include the supplemental items such as the sound system
and the chairs as well as the concession stand tenant finish.
2. WESLEYAN CHURCH / DEVELOPMENT CODE STANDARDS.
Director Joseph reviewed the zoning and history of the property. Under the
existing zoning the lodge use is a legally grandfathered non -conforming use
and the lodge is old enough to pre -date any requirements for a development
plan review of the site that would require adequate public facility improvements
such as parking. The use of the lodge for religious assembly began in the
1980s and was not a permitted use at the time and is not a legally grandfather
use today. Compliance with the Development Code provisions for religious
assembly would require a rezoning of the property and approval of a
development plan. In 2000, the Religious Land Use and Institutionalized
Persons Act (RLUIPA) was enacted to prohibit the imposition of burdensome
zoning law restrictions on religious institutions. The ability of the Town to
require compliance with the Development Code provisions is questionable due
to the lack of enforcement. Trustee Homeier thanked staff for the background
information; however, he questioned why the codes have not been enforced
upon this church when recent churches have had to comply. He commented
on the RLUIPA act which is controversial and complicated, and stated the
future Board should review the issue further.
3. TEMPORARY POLICY TO EXTEND TIMEFRAMES BEFORE BUILDING
PERMITS AND APPLICATIONS EXPIRE.
Director Joseph stated staff has received multiple requests to extend
application and permit expiration dates beyond the strict letter of the code due
to the current economic conditions. In some cases the business owner and/or
property owner have failed to request the final inspection and the permit has
expired. The code requires the building official to assess plan review fees and
20% of the permit fee for expired applications. A temporary policy has been
Board of Trustees — April 27, 2010 — Page 3
proposed by staff to extend the application expiration date until January 1,
2011. At that time, unpaid applications would expire and the applicants would
be assessed fees for services that have been provided. This extension would
also apply to projects that have not been completed and would extend the
permit expiration date to January 1, 2011. For projects with expired permits
that only need the final inspection completed, the temporary policy would
extend the expiration date for 30 days from the date of notice to the permit
holder.
4. TOWN ADMINISTRATOR REPORT.
• The Prospect Avenue road construction project has been delayed due to
weather delays, therefore, Moccasin bypass would remain closed through
May 6th
3. PLANNING COMMISSION ITEMS.
Mayor Pinkham opened a Public Hearing for the Consent Agenda items:
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP
1. Overlook Condominiums, Supplemental Condominium Map #4, Lot
2, Stanley Historic District, Overlook Development at the Historic
Stanley, LLC/Applicant.
Trustee Miller requested Item B.1 be removed and discussed as an action
item. As there were no comments, Mayor Pinkham closed the public hearing
and it was moved and seconded (Levine/Ericson) Item A.1 be approved
with staff conditions of approval, and it passed unanimously.
2. ACTION ITEMS:
B. AMENDED SUBDIVISION PLAT
1. Amended Plat, Lot 27, Prospect Mountain Subdivision, PUD, 5th
Filing, Robert and Theresa Bowman/Applicant.
Trustee Miller questioned why the item was addressed as an amended plat
versus a variance. Director Joseph stated the applicant was not requesting a
variance to the setback. The property owner has requested an expansion of
the building envelop to encompass the entire dwelling and deck constructed on
the PUD lot in the 1980s. Mayor Pinkham closed the public hearing and it was
moved and seconded (Blackhurst/Miller) Item B.1 be approved with staff
conditions of approval, and it passed unanimously.
4. ACTION ITEMS:
1. APRIL 6, 2010 ELECTION REPORT.
Town Clerk Williamson reviewed the Official April 6th Election Report:
FOR TRUSTEE: Total Votes Cast
ERIC W. BLACKHURST * 724
WENDY KOENIG* 1457
MARK ELROD * 746
PAUL FISHMAN 665
DAVID HABECKER 272
Board of Trustees — April 27, 2010 — Page 4
ART BLUME
DORLA EISENLAUER
*Elected to 4-yr. terms
455
563
Total Active Registered Voters = 3,600
Total Registered Voters = 4,471
TOTAL VOTES CAST 1,854
Percentage Turnout 51.5% for active
41.5% for all voters
As all invoices have not yet been received, the Election Expense Report will be
distributed to the Town Board in the near future.
ACKNOWLEDGEMENT OF TRUSTEES EISENLAUER AND HOMEIER.
Mayor Pinkham presented Trustees Eisenlauer and Homeier with a Town
Plaque commemorating their service to the community, and "Resolutions of
Respect" honoring their active participation on the goals and achievements of
the Board of Trustees during their terms of office as Trustee.
Concluding the presentation, Mayor Pinkham announced a recess at 8:22 p.m. Mayor
Pinkham reconvened the meeting at 8:36 p.m.
2. SWEARING -IN CEREMONY FOR NEWLY -ELECTED MAYOR AND
TRUSTEES. Municipal Judge Brown conducted a Swearing -In Ceremony for
newly elected Trustees Eric Blackhurst, Mark Elrod and Wendy Koenig.
3. MAYOR PRO TEM.
It was moved and seconded (Blackhurst/Miller) Trustee Levine fill the
position of Mayor Pro Tem, and it passed with Trustee Levine abstaining.
4. APPOINTMENTS.
Mayor Pinkham announced the following appointments:
Community Development/Community Services Committee
Mayor Pro Tem Levine, Chair
Trustee Elrod
Trustee Miller
Utilities, Public Works & Public Safety Committee
Trustee Blackhurst, Chair
Trustee Ericson
Trustee Koenig
It was moved and seconded (Levine/Ericson) to approve the appointments,
and it passed unanimously.
Liaison Appointments
Rooftop Rodeo Committee Liaison — Trustee Koenig
Estes Valley Planning Commission Liaison, Trustee Elrod
Supporters of the Performing Arts Liaison, Trustee Ericson
LMD Marketing Committee Liaison, Trustee Miller
It was moved and seconded (Blackhurst/Ericson) to approve the
appointments, and it passed unanimously.
Board of Trustees — April 27, 2010 — Page 5
Administrative Staff
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Cynthia Deats, Deputy Town Clerk/Town Clerk Pro Tem
Gregory A. White, Town Attorney
John P. Frey, Assistant Town Attorney
Steve McFarland, Town Treasurer/
Gary R. Brown, Municipal Judge
John W. Easley, Jr., Assistant Municipal Judge
It was moved and seconded (Blackhurst/Miller) to approve the appointments,
and it passed unanimously.
Building Code Board of Appeals, 2-yr. Terms, Expiring 04/12
Karl Ertl (Re -appointment)
Steve Lane (" )
Kerry Prochaska (" )
It was moved and seconded (Miller/Koenig) to approve the appointments,
and it passed unanimously. Trustee Miller requested a review of the Appeals
Board with the upcoming adoption of the 2009 International Building Codes.
Policemen's Pension Board
Pinkham, Mayor
McFarland, Treasurer
Williamson, Secretary
Kufeld, Police Chief
It was moved and seconded (Blackhurst/Ericson) to approve the
appointments, and it passed unanimously.
Miscellaneous Appointments
Audit Committee:
Mayor Pinkham
Trustee Ericson
Halburnt, Staff
McFarland, Staff
North Front Range Water Quality Planning Association
Boles
Platte River Power Authority Board of Directors
Mayor Pinkham, 4/12
Bergsten, 12/11
Windy Gap
White
Boles, Alternate
Larimer County Open Lands Advisory Board
Trustee Ericson — expires 6/12
Larimer Emergency Telephone Authority Board
Kufeld — expires 12/14
Board ofTrustees — April 27.3V1V—Page 6
It was moved and seconded (Levine/Miller) to apprqvm the appointments,
and bpassed unanimously.
5. TREE BOARD APPOINTMENTS.
Director Zumrequested reappointments of Scott Roedmnrand Chuck Levine for
4year appointments to expire on April 2014. It was moved and seconded
(MiUer/Ehoson)0mapprove the re -appointment mfScott Rnedem*rand Chuck
Levine tnthe Tree Board mmlisted above, and itpassed unanimously.
Director Zumrequested the appointment ofBarbara Williams to the Tree Board
tofill the position held previously byBob Seifert. The appointment would expire
on April 2014. It was moved and seconded (Levine/Koenig) to approve the
appointment of Barbara Williams as listed above, and it passed unanimously.
0. ARENA FLOOR IMPROVEMENTS.
Manager Winslow stated the three equestrian arenas at the fairgrounds require
resurfacing, total of 28.000 square yon]o, to improve surface quality, |ow*|
nurfaoe, improve drainage and provide the proper footing for the horses. A hid
package was sent tofour contractors and the following bids were received:
EZExouvatng
Loveland
No reply
Fairbanks Excavation
Estes Park
$54.000
Kearney &Sons
Estes Park
No reply
Kitchen &Company
Estes Park
$42.050
*The noreply contractors were interested but currently busy.
Staff recommends accepting the low bid from Kitchen and Company. Tho2O1O
budget contains 850.000 for the repairs; thorohone, staff requests approval to
purchase additional material not to exceed the budget to repair the enanao
throughout the season.
kwas moved and seconded(B|aokhumt/Koenig) to contract with Kitchen and
Company to improve the Stanley Fairground arenas for $42,050 and
purchase additional materials for $7.050 from account #222-55DD-455'32-
22.and itpassed unanimously.
7. SPECIAL EVENTS TRACTOR REPLACEMENT.
Manager Winslow stated the 22year old tractor with 2.162hours has exceeded
the Type 11 vehicle replacement guidelines of12-15years or8'OOO hours. The
Municipal Association of Purchasing Officials bid process was used and the
following bids were received:
John Deere Company; Longs Peak Equipment (Dealer).Longmont, CO.
John Deere 5105yNUtility Tractor $47.30442
Trade-in 1088Ford 545A �$ 4.50080
Bid Price =$42,OO4.42
Colorado Equipment: Ft. Collins, CO.
John Deere 51O5[NUtility Tractor $48.01010
Trade-in 1088Ford 545A $ 2.500I0
Bid Price =84G,i1G-OU
Board of Trustees — April 27, 2010 — Page 7
It was moved and seconded (Ericson/Blackhurst) to approve the purchase of
a John Deere 5105M Utility Tractor from John Deere Company at a cost of
$42,804.42 after trade-in values from account #635-7000-435-34-42, and it
passed unanimously.
8. PARK THEATER MALL RIVERWALK CONNECTION.
Administrator Halburnt stated Trustee Miller, staff and property owner Sharon
Seeley met to discuss possible Riverwalk connections through the Park Theater
Mall property and all agreed the connection would be a positive benefit for the
community. A Memorandum of Understanding has been drafted, a preliminary
design completed and a cost estimate developed. To eliminated Town liability or
the need to obtain an easement, the funds to complete the project would be
given to the property owner. This in turn would make the property owner
responsible for maintenance, upkeep and liability associated with the
connection.
Trustee Blackhurst requested a certificate of insurance be provided prior to the
release of funds to the property owner for the connection.
Board comments were heard regarding the need to have a certificate of
insurance prior to releasing the funds to the property owner; how long the
walkway would be open; the need to only release funds once the project was
completed by the property owner; and questioned when the walkway would be
removed. Trustee Miller stated the agreement only addresses the current
season and could be extended by either party in the future. He also stated the
intent would be to remove the crossing with the reconstruction of the building.
Sharon Seeley thanked the Board and Mr. Grigsby for their efforts in moving this
concept forward for the benefit of the community. She requested a sign be
erected at the crossing to recognize the collaboration amongst the Town and the
business community.
After discussion, it was moved and seconded (Levine/Elrod) to approve the
Memorandum of Understanding for the Riverwalk connection through the
Park Theater Mall, and it passed unanimously.
9. EXECUTIVE SESSION POLICY.
Attorney White reviewed the purpose of executive sessions, procedures for
entering into executive session, method of maintaining records of proceedings,
motion format, Board action following executive session and retention of
proceedings. He stated the policy summarizes the procedures for executive
session as defined by the state statutes and emphasized the Board has been
operating in line with the statutes.
Board comments are summarized: the use of the word "Chair" should be
changed to Mayor or Mayor Pro Tem; the motion to enter executive session
should be simplified and concise for the citizens; the Board should only enter
session when absolutely necessary; prior to entering a session the Mayor should
announce whether formal action and/or discussion will be heard after the
session; add a statement acknowledging the state statute requirement to use
specific language to enter a session; and add state statute reference to the
retention of electronic recording or minutes section.
After further discussion, it was moved and seconded (Blackhurst/Miller) to
approve the Executive Session Policy with suggested changes listed
above, and it passed unanimously.
Board ofTrustees — April 27.2O10—Page V
10.ADJOURN.
Whereupon Mayor Pinkham adjourned the m
William CFqnkham.Mayor
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