HomeMy WebLinkAboutMINUTES Town Board 2010-01-26Town of Estes Park, Larimer County, Colorado, January 26, 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 26th day of January, 2010. Meeting
called to order by Mayor Pinkham.
Present:
Also Present:
Mayor William C. Pinkham
Mayor Pro Tem Chuck Levine
Trustees Eric Blackhurst
John Ericson
Richard Homeier
Jerry Miller
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: Dorla Eisenlauer, Trustee
Greg White, Town Attorney
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
NATIONAL LEAGUE OF CITIES & CH2M HILL — PRESENTATION OF MUNICIPAL
EXCELLENCE AWARD PRESENTATION.
Representatives of both National League of Cities and CH2M Hill were present to
officially present to Mayor Pinkham and the Board of Trustees the Silver Excellence
Award for the Restorative Justice program for 2009.
PUBLIC COMMENT.
Renee Hodgedon/Business owner spoke to the restrictiveness of the sign code and
selective enforcement of the code. She stated the number of businesses out of
compliance illustrates the sign code may be out of compliance with the business
atmosphere in Estes Park.
David Habecker/Town citizen spoke to a recent letter in the paper from the supporters
of the abolishment of EPURA. The supporters stated there are a wide range of options
for promoting successful growth in the valley, and he would like to hear the
opportunities awaiting the town. He again asked the Town Board to refrain from
reciting the under "God" pledge.
Deb Thelander/Business owner requested the Town review the sign code and
determine what code revisions would be best for the business owners in Estes Park.
Charlie Dickey/Town citizen stated the town does not have a uniform image or theme.
The theme for the town should be related to the Vision outlined by the Town Board. He
requested the Board keep the theme and the Vision of the Town in mind when
considering revision to the sign code.
TOWN BOARD COMMENTS.
Trustee Blackhurst reminded the public that the Public Works Committee meeting
would be held on Thursday, January 28, 2010 at 8:00 a.m. in the Town Board Room.
Board of Trustees — January 26, 2010— Page 2
Mayor Pinkham commended the Winter Festival committee for a successful event and
stated the Town looks forward to next year's event. He congratulated the RMNP on
celebrating its 95th birthday today.
1. CONSENT AGENDA:
1. Town Board Minutes dated January 12, 2010.
2. Bills.
3. Committee Minutes:
A. Community Development, January 7, 2010.
1. Frost Giant Road Closure — MacGregor Ave. between Elkhorn Ave.
and Park Ln., January 31, 2010.
4. Estes Valley Planning Commission Minutes December 15, 2009
(acknowledgement only).
5. Estes Park Urban Renewal Authority Minutes December 16, 2009
(acknowledgement only).
It was moved and seconded (Levine/Miller) to approve the consent agenda, and it
passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. GRANDSTAND PROJECT UPDATE.
Deputy Town Administrator Richardson briefly reviewed the project and stated
33% of approved funds have been expended to date. The steel structure has
not been delivered because of a delay in receiving the shop drawings. The
contractor anticipates receiving the steel structure during the last week in
March or first week in April with a completion date still targeted for the first
week in June. A final schedule would be available once the steel structure is
delivered. EPURA has approved an additional $50,000 to complete the
concession stand. Trustee Miller stated the Ad Hoc Design Committee has
been impressed and appreciative of the administration of the project by Deputy
Town Administrator Richardson and Public Works Director Zurn.
2. TOWN ADMINISTRATOR REPORT.
• Invited the public to the ceremony and reception to officially transfer fire
services from the Town to the Estes Valley Fire Protection District on
January 27, 2010 at the Dannels Fire Station.
• Platte River Power Authority has been and continues to conduct a survey in
Estes Park on power usage.
• Upgrades would be added to the Board room to capture future meetings
digitally and allow citizens to view the meetings on the Internet.
3. LIQUOR ITEMS.
1. PUBLIC HEARING: NEW TAVERN LIQUOR LICENSE APPLICATION FILED
BY MOUNTAIN MUNCHIES LLC dba MOUNTAIN MUNCHIES, 189 & 191
RIVERSIDE DRIVE.
Mayor Pinkham opened the Public Hearing and reviewed the procedures.
Town Clerk Williamson presented the application and confirmed the Town has
not received any communications or evidence in support or opposition to the
application, and required T.I.P.S. would be completed at the upcoming
Board of Trustees — January 26, 2010— Page 3
scheduled training. Comments were heard from Paul & Sally
Whyard/Applicant. Mayor Pro Tem Levine reminded the applicant the Board
takes all liquor licensing laws seriously and relies upon the licensee to be
vigilant when serving and selling alcohol.
Lee and Sandy Lasson/adjacent property owners spoke in opposition to the
granting of the liquor license stating the expansion of the business would affect
the neighborhood negatively.
There being no further testimony, Mayor Pinkham closed the Public Hearing.
Stating the Board of Trustees finds that the reasonable requirements of the
neighborhood are not met by the present liquor outlets in the neighborhood
and that the desires of the adult inhabitants are for the granting of this liquor
license, it was moved and seconded (Blackhurst/Homeier) the Tavern
Liquor License application filed by Mountain Munchies LLC dba
MOUNTAIN MUNCHIES be approved, and it passed unanimously.
4. 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 and Municipal Code — Second Reading/Public
Hearing. Mayor Pinkham reopened the public hearing. Planner Chilcott
stated the first reading of the code amendments were heard on December
8, 2010 and if approved would be considered by the Larimer Board of
County Commissioners on March 8, 2010. The Estes Valley Planning
Commission (EVPC) approved the amendments on October 20, 2009 that
provides definitions of accommodation use, guest room, guest quarter,
household living, and nightly rental in EVDC Chapter 13, and revisions to
distinguish between B&Bs and vacation home uses and the districts in
which these uses are permitted.
Trustee Miller questioned allowing vacation rentals in the R-1 zoning
district because that district contains affordable housing. Planner Chilcott
agreed the use could be removed as a permitted use in Table 4-1.
David Habecker/Town citizen and accommodation business owner
commented that hotel owners are not in favor of vacation homes. He
stated the Town should enforce all regulations related to these
businesses and make sure the proper sales tax is collected and remitted.
Mayor Pinkham closed the public hearing. Town Clerk Williamson read
Ordinance #02-10. It was moved and seconded (Levine/Miller) to
approve Exhibit A with the removal of R-1 as a permitted use for
vacation homes from Table 4-1. It was moved and seconded
(Miller/Blackhurst) to approve Ordinance #02-10. The Board thanked
staff and the EVPC for the over 3 years of work.
B. Accessory Kitchen Amendments to the Estes Valley Development Code —
Public Hearing — Second Reading/Public Hearing. Mayor Pinkham
reopened the public hearing. Planner Shirk reviewed the amendments
that would allow a private residence to have a second kitchen in a single-
family residence without creating a second dwelling unit.
Board of Trustees — January 26, 2010— Page 4
Trustee Miller questioned allowing second kitchens for homes in the R-1
zoning district. Director Joseph stated the valley contains one single-
family subdivision in the R-1 zoning district and removing the use would
not allow those homeowners the opportunity for a second kitchen.
Trustee Blackhurst objected to the land use affidavit requirement;
however, the amendments would legalize the existing second kitchens in
the valley.
Paul Brown/Town citizen reviewed the definition of household living that
does not require full access of all facilities to all parts of a dwelling unit,
i.e. bedrooms, bathrooms, workroom, closets, etc., and stated the
proposed code language would be inconsistent with the definition and
should be revised. He also stated opposition to the land use affidavit
requirement.
Mayor Pinkham closed the public hearing. Town Clerk Williamson read
Ordinance #03-10. It was moved and seconded (Homeier/Miller) to
approve Ordinance #03-10, and it passed unanimously.
C. Wind Turbine Amendment to the Estes Valley Development Code — First
Reading/Public Hearing. Mayor Pinkham opened the public hearing.
Planner Shirk reviewed the amendments recommended by the Estes
Valley Planning Commission pertaining to Small Wind Energy Conversion
Systems (small wind turbines). EVPC held 3 public hearings with
comments ranging from banning the units entirely to allow the units
anywhere in the valley. The proposed amendments address issues
surrounding the location, noise, visual and other potential impacts to
adjoining properties. The proposed amendments would allow small wind
systems in all residential zoning districts; height shall not exceed 30 feet
from the highest point; setbacks shall be five times the height; units would
not be permitted on land designated as a ridgeline protection area;
comply with noise ordinances of the Town and County; lighting would be
prohibited; all systems would be required to maintain safe operation or be
removed; units would be an accessory use and would not be allowed on
an undeveloped lot; building permit would be required; no more than one
system per lot; micro -wind systems with a swept area of 15 square feet or
less would be exempt from setback requirements; and multiple micro
systems could be installed with a cumulative aggregate swept area of 40
square feet.
Trustee comments are summarized: questioned the status of amending
the building code in both the Town and the County to adopt Federal
safety standards for wind turbines; verify electrical connections would be
required to be buried; questioned allowing an unsafe unit to operate for 3
months; a separate standard should be developed for an unsafe unit; the
proposed setback requirement would require a minimum of 2 acres of
land virtually banning the units; questioned the rationale for regulating;
and suggested a special review process for large wind turbine units.
Those speaking against the proposed regulations included Frank
Theis/County citizen, Jim Tawney/Town Citizen, Todd Plummer/Town
citizen, Bill Darden/Town citizen, Tom Bergman/Town citizen, Dave
Rusk/County citizen, Paul Brown/Town citizen and Bob Clements/Town
citizen.
They questioned the need for additional regulations for wind turbines.
The proposed regulations would in most respects ban the larger units.
Board of Trustees — January 26, 2010— Page 5
The regulations are based on visual aesthetics and the current
regulations in the land use code should be used to regulate the units.
The EVPC should have given more consideration to the wind energy
survey responses in which a large number of respondents do not think
turbines should be banned. The proposed setback requirements exceed
the County setback of 2 times the height and the staff recommendation of
3 times the height. A property owner should have the right to construct a
unit on their property if the neighboring properties do not have a concern.
Mr. Rusk requested the Town Board consider an increase in the
cumulative aggregate swept area of 45 square feet for micro -wind units.
Homeowners should be allowed to install renewable energy sources as a
back up for when the grid fails.
David Habecker/Town citizen stated the noise Ordinance is not adequate
and voiced concern with the noise the units may make.
The Mayor continued the public hearing to the February 23, 2010 meeting
for a second reading. The Board discussed separating the micro units
from the discussion of the larger units.
5. ACTION ITEMS:
1. GRANDSTAND PROJECT — MISCELLANEOUS FEES.
Trustee Miller requested the item be reviewed at an upcoming Work Session.
He stated concern with the miscellaneous fee items including landscaping,
sound system and folding chairs. He stated theses are expenses above the
construction cost of the project and have not been approved by the Board. He
questioned whether or not it was appropriate to purchase chairs from a capital
account. After further discussion, it was agreed to discuss the item at the
Study Session scheduled on February 23, 2010 prior to the Town Board
meeting, with staff providing a brief statement as to the need for each item.
2. ORDINANCE #04-10 ABOLISHING THE ESTES PARK URBAN RENEWAL
AUTHORITY.
On January 12, 2010 the Town electorate voted to approve the Initiated
Ordinance #07-09 amending the Estes Park Municipal Code adding Section
2.90. One aspect of the new code language requires the abolishment of the
Estes Park Urban Renewal Authority (EPURA) consistent with all applicable
Colorado Revised Statutes. EPURA may be abolished pursuant to 31-25-
115(2) C.R.S. provided that adequate arrangements have been made for the
payment of any outstanding indebtedness and other obligations, and the
abolishment shall not be less than six months from the effective date of the
ordinance passed by the municipality. To comply with the new code, the Town
Board must approve Ordinance #04-10 abolishing the EPURA on July 26,
2010. Town Clerk Williamson read Ordinance #04-10. After further
discussion, it was moved and seconded (Ericson/Blackhurst) to approve
Ordinance #04-10 with an emergency clause to abolish EPURA effective
July 26, 2010, and it passed unanimously.
3. RESOLUTION #04-10 — OFFICIALLY SCHEDULING REGULAR MUNICIPAL
ELECTION — APRIL 6, 2010.
Town Clerk Williamson reviewed Resolution #04-10 scheduling the regular
Municipal Election for April 6, 2010 to election three Trustee positions currently
held by Trustees Blackhurst, Eisenlauer and Homeier. The Resolution would
also approve contracting with Larimer County to perform a mail ballot election
at an approximate cost of $6,100. It was moved and seconded
Board ofTrustees — January 26.2V1O—Page 6
OBlaokhurst/Mi|ler Resolution #04'10 and Intergovernmental Agreement
with Larimer County be approved, and it passed unanimously.
Whereupon Mayor Pinkhamadjourned the meong p.m
'
�"Willia'rn C. Pinkham, Mayor
J.,' ie Williamson, Town Clerk