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HomeMy WebLinkAboutMINUTES Town Board 2010-02-23Town of Estes Park, Larimer County, Colorado, February 23, 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 23`d day of February, 2010. Meeting called to order by Mayor Pinkham. Present: Also Present: Mayor William C. Pinkham Mayor Pro Tem Chuck Levine Trustees Eric Blackhurst Dorla Eisenlauer John Ericson Richard Homeier Jerry Miller Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: Nbne Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION — CENSUS 2010. Mayor Pinkham read a Proclamation for the 2010 Census taking place across the nation during the months of March and April. PUBLIC COMMENT. Lynette Lott/President of EALA requested the Town review the 2010 shuttle hours of operation proposed to run during the peak season from 10:00 a.m. to 7:00 p.m. EALA suggested the shuttle run through 9:00 p.m. Cory Blackman/LMD Board member and Mgr. of Best Western Silver Saddle concurred with Ms. Lott's comments. David Habecker/Town citizen stated he had completed and returned his Candidate Nomination form for Trustee in the upcoming Municipal Election on April 6, 2010. He read a brief statement regarding his protest over the `under God' pledge. He commented he would not mention the pledge during the election in order to keep the focus on the vital Town issues. Bill Van Horn/Town citizen questioned if the formation of a new URA was contemplated could the Town seek legal action under the current lawsuit, and could the Town repeal the Initiated Ordinance to abolish EPURA and require a vote for the formation of a new URA in the future. Town Attorney White stated a future vote would not fall under the current lawsuit; however, the question remains whether or not it is a legal action under the state statutes. The Town Board could repeal the Ordinance but could not reinstated EPURA. Joshua Timberlake/County citizen questioned the use of security cameras in Town buildings and the purpose for the cameras. Board of Trustees — February 23, 2010— Page 2 TOWN BOARD COMMENTS. Mayor Pro Tem Levine reminded the public that applications for the Pride Awards would be available March 1, 2010 for Volunteer of the Year, Teacher of the Year, Business Person of the Year and EPHS scholarship. Awards would be handed out during the volunteer luncheon on April 23, 2010. Mayor Pinkham stated Trustee nomination petitions are available in the Clerk's office and are due by close of business on March 5, 2010. 1. CONSENT AGENDA: 1. Town Board Minutes dated February 9, 2010 and Joint Town Board, Estes Valley Planning Commission and Estes Park Housing Authority Meeting Minutes dated February 9, 2010. 2. Bills. 3. Committee Minutes: A. Community Development, February 4, 2010. 1. 2010 ROAD CLOSURES: Car Shows (100 Block of MacGregor Ave. and Park Lane) Coolest Car Show — July 4, 2010 Parade of Years — May 16, 2010 Parades And Halloween (Elkhorn Ave.) Rooftop Rodeo — July 6, 2010 Scottish Highland Festival — September 11, 2010 Catch the Glow — November 26, 2010 Halloween — October 31, 2010 Fairground Events (Partial Closure of Manford Ave.) Estes Park Wool Market — June 11-13, 2010 Rooftop Rodeo — July 6-11, 2010 Bond Park Events (100 Block of MacGregor Ave.) Estes Park Marathon — June 12, 2010 Auto Extravaganza — August 14, 2010 Estes Park Heritage Festival —August 21-22, 2010 Estes Park Elk Fest — October 2-3, 2010 B. Utilities Committee, February 11, 2010. 4. Estes Valley Planning Commission Minutes January 19, 2010 (acknowledgement only). 5. Estes Valley Board of Adjustment Minutes December 1, 2009 (acknowledgement only). Estes Park Urban Renewal Authority Minutes January 20, 2010 (acknowledgement only). 7. Improvements to 18-Hole Golf Course by Estes Valley Recreation and Park District. It was moved and seconded (Levine/Miller) to approve the consent agenda, and it passed unanimously. Board of Trustees — February 23, 2010— Page 3 2. REPORTS AND DISCUSSION ITEMS: 1. 2009 FINAL SALES TAX REPORT. Town Administrator Halburnt briefly reviewed the report prepared by Finance Officer McFarland stating the 2009 sales tax was $6.85 million, which was 0.7% less than the 2009 revised budget and 5.5% less than the original budget. The four 2009 quarters trailed the 2008 quarters, and therefore, this qualifies as a recession. Compared to other mountain communities Estes Park has not seen the double digit decrease in sales tax; however, the sales tax has decreased during the last two years at a rate of 5%. The Board request Finance Officer McFarland present the entire report at the next Board meeting. 2. GRANDSTAND PROJECT UPDATE. Deputy Town Administrator Richardson briefly reviewed the project stating the foundation work is nearing completion, shop drawing completed, metal components for the building to be delivered by the end of the week and construction of the metal building beginning the first week in March. Weekly meetings are held to review the project schedule and change orders. The contractor has ensured staff the project will be completed by June 14, 2010, which is two week later than the original schedule. 3. 2010 SHUTTLE SCHEDULE. Deputy Town Administrator Richardson reviewed the 2010 shuttle bus hours of operation: Shopper Shuttles 10:00 a.m. to 7:00 p.m. and Campground Shuttle 10:00 a.m. to 8:00 p.m. The Shopper Shuttle routes have been reduced by one hour per day to reduce the cost of the shuttle system in 2010 and maintain an flat budget. Staff has reviewed the hours of operation and ridership numbers in an effort to optimize service. The low ridership numbers for the Shopper routes after 7:00 p.m. do not support maintaining the serve until 8:00 p.m. The transportation budget would need to increase by approximately $8,000 to add an additional hour of operation per bus. Board discussion is summarized: suggested only one bus run for an additional hour; the hours of operation need to be confirmed in order to move forward with printing maps and training Ambassadors; encouraged staff to meet with EALA and the LMD to discuss hours of operation and potential funding sources; and the business community needs to promote shuttle use and develop a consistent set of hours of operation. 4. TOWN ADMINISTRATOR REPORT. • CDOT anticipates the replacement of the second bridge on Hwy 34 and the closure of the road from March 13'through March 12th 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. Wind Turbine Amendment to the Estes Valley Development Code — Second Reading/Public Hearing. Mayor Pinkham reopened the public hearing for Ordinances #06-10 & #07-10. Planner Shirk reviewed the amendments recommended by the Estes Valley Planning Commission pertaining to Small Wind Energy Conversion Systems (small wind turbines) and micro wind turbines. The two systems have been separated at the request of the Town Board during the first reading. Board of Trustees — February 23, 2010— Page 4 Micro Wind Discussion The Board questioned the need to clarify the sign limitation under Lighting Prohibited, identify ground clearance, identify when a building permits would be needed, identify blade speed if applicable, questioned height limit for micro units, and the minimum swept area should be increased to 20 square feet with a cumulative total of 60 square feet. Small Wind Discussion Board questioned the need for a setback of 5 times the height which is exclusionary for some lots in the valley; the need for a special review process to involve the neighbors; and the proposed code language would ban the use for most lots in the valley. Public Comment Those speaking against the proposed regulations included Shari Kleist for Bob Rising/County citizen, Paul Brown/Town citizen and Bob Clements/Town citizen. Adequate research has not been conducted or considered as it relates to wind turbines. The winds in Estes Park are not suitable for the optimum use of small wind turbines. The wind energy produced by PRPA is not efficient and therefore, home generators are just as efficient and should be allowed. Micro winds should be increased to 20 square feet of swept area with a maximum of 60 square feet. A building permit should only be required for micro turbines that are a certain height off the ground because some units are small and do not require a tower. Some units could be located close to the ground and may need to have proper protection placed around them for both people and wildlife. The code should include graduated steps that correspond to the size of the wind turbine. David Habecker/Town citizen spoke to concerns related to noise and visual intrusion of wind turbine units. Renee Hodgden/Town citizen spoke in favor of wind turbines and cautioned the Board to use research properly. Mayor Pinkham closed the public hearing. It was moved and seconded (Homeier/Miller) to remand micro wind turbine amendments to the Estes Valley Planning Commission to address concerns related to ground clearance, building permit requirements and safety features, and to have a new draft presented to the Town Board at the March 23, 2010 meeting, and it passed with Trustee Ericson voting "No". It was moved and seconded (Miller/Levine) to remand small wind turbine amendments to the Estes Valley Planning Commission to develop an appropriate review process and criteria, and it passed with Trustees Blackhurst and Ericson voting "No". Administrator Halburnt stated an extension of the wind turbine moratorium would be considered at the March 9, 2010 meeting. 4. ACTION ITEMS: 1. ROOFTOP RODEO FEE STRUCTURE. Mgr. Winslow reviewed the new rodeo ticket fee structure reviewed by Community Development at their February 4, 2010 meeting. General admission tickets would increase from $15 to $17; children 3-11 would remain $5; new fees structure for Military and Seniors over 60 of $15 and active Board of Trustees — February 23, 2010— Page 5 Military of $10 with a $7 subsidy from the Town to the Rodeo Committee; Local tickets would remain $15 and Groups of 5 or more would remain $16; and box ticket would increase from $20 to $25. After further discussion, it was moved and seconded (Eisenlauer/Ericson) to approve the Rooftop Rodeo Fee Schedule with staff identifying the zip codes for the local discount, and it passed unanimously. 2. FOREVER RESORTS SERVICE AGREEMENTS. Marketing Mgr. Pickering presented the Holiday Inn's 2010 proposed food and beverage cost and 2010 Conference Center proposed room rental rates. A Food and Beverage Agreement and a Service Agreement for the property were approved by the Board in 2008. The terms of the Agreement require the Town to provide written approval of the yearly rates by March 18' of each year. It was moved and seconded (Eisenlauer/Ericson) to approve the 2010 Food and Beverage costs for the Holiday Inn, and it passed unanimously. It was moved and seconded (Miller/Ericson) to approve the 2010 Conference Center and Room Rental rates for the Holiday Inn, and it passed unanimously. Chris Cook/ Holiday Inn General Manager stated the Holiday Inn franchise has diminishing value. Forever Resorts has begun discussion on cutting ties with the Holiday Inn. This is the only hotel owned by Forever Resorts with a franchise. The franchise fees could be used to improve the hotel. The current goal is to open as an independent operator by spring of 2011. The proposed change would not affect the operating agreement with the Town; however, it would allow the hotel more freedom in operation. 3. PROSPECT AVENUE BYPASS RECONSTRUCTION BID. Director Zurn stated the item was reviewed by the Public Works Committee on January 28, 2010 for approval to move forward with the bid process. The project would reconstruct 2300 feet of Prospect from Stanley Avenue on the east and end at Ouray Drive on the west. The Water Department would improve and expand the distribution system by installing an 8" water main loop from Stanley Avenue to Driftwood Avenue. Bid packages were received from 12 local and Front Range contractors. LaFarge North America provided a low bid of $542,642.51 for asphalt and a bid for concrete pavement construction of $640,031.71, an increase cost of 16°A) and a doubling of the roadways life span. Both bids are below the 2010 budget. It was moved and seconded (Ericson/Blackhurst) to contract with LaFarge North America for the reconstruction of a portion of Prospect Avenue with concrete and a 10% contingency at a cost of $704,031.17 budgeted from account #101-3100- 431-35-51 and new water main at a cost of $31,761.75 budgeted from account #503-7000-580-35-54, and it passed unanimously. 4. UPGRADE BEAVER POINT & PEAKVIEW CIRCUIT CONSTRUCTION BID. Director Goehring stated in June of 2009 the Light and Power Department was authorized to proceed with the engineering and design of the distribution system to be funded by the Light and Power bond revenues. Three areas have been identified as priority including the Beaver Point Circuit, the Peakview Circuit and the Fish Creek Circuit. Design has been completed for the Beaver Point and Peakview Circuits. Bids were sent in January 2010, and low bids were received from Selcon Utility for Beaver Point of $101,914.96 and Hamlin Electric Company for Peakview of $235,392.38. Both cost estimates would require material costs of $73,866.27 and $267,462.35 respectively for a total estimated cost of $678,635.96. The cost savings with the two distribution Board of Trustees — February 23, 2010— Page 6 improvement would leave enough money to complete the Fish Creek Circuit later this year with the remaining bond money. It was moved and seconded (Miller/Blackhurst) to award the low bid to Selcon Utility for the Beaver Point Circuit upgrade at a cost of $101,914.96 and Hamlin Electric Company for the Peakview Circuit upgrade at a cost of $235,392.38 from account #502-7001-580-33-30, and it passed unanimously. 5. GRANDSTAND MISCELLANEOUS FEES. No further action needed from the Town Board. 6. CODE OF CONDUCT. Trustees Blackhurst and Miller presented the one page Code of Conduct for the Estes Park Board of Trustees. The initial document brought forward by the Mayor in June of 2009 would be used as a training document for newly elected officials. The proposed document is a quick reference to summarizes the behaviors of Town elected and appointed officials in the performance of their official duties and interaction with the public and Town Administration. It was moved and seconded (Blackhurst/Levine) to approve the Code of Conduct with 1) reordering of bullets 1 and 2 under Leadership and 2) additional bullet under Leadership — "Trustees vote as individuals, but govern as a group", and it passed unanimously. Trustee Homeier suggested Mayor Pinkham read the Code at the beginning of the next meeting. Whereupon Mayor Pinkham adjourned the meeting at 10:23 plm illiam C. Pinkham, Mayor Ja kie Williamson, Town Clerk