HomeMy WebLinkAboutMINUTES Town Board 2010-09-14Town of Estes Park, Larimer County, Colorado, September 14, 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 14`h day of September, 2010. Meeting
called to order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Mark Elrod
John Ericson
Wendy Koenig
Jerry Miller
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Town Attorney White
Cynthia Deats, Deputy 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.
CENSUS APPRECIATION PRESENTATION.
Larry Mugler of the U.S. Census Bureau, presented a plaque to PIO Rusch and
Mayor Pinkham thanking the Town of Estes Park for its cooperation and
partnership during the 2010 census process.
PROCLAMATION — CONSTITUTION WEEK.
Mayor Pinkham read a proclamation designating September 17 through 23, 2010, as
Constitution week.
PUBLIC COMMENT.
Charley Dickey, Town resident, commented that a self -policing approach to code
enforcement may not be successful if the names of the complainants are not kept
confidential.
David Habecker, Town resident, noted that the word god is not mentioned anywhere
within the United States Constitution and stated that it is not the job of the president or
any arm of the government to choose a god for him to be "under".
Johanna Darden, Town resident, said she attended the recent joint meeting between
the Town Board, the Estes Valley Planning Commissioners and the Larimer County
Commissioners and suggested that in addition to current topics under discussion, air
and water pollution problems that will affect Estes Park in the future should be
considered and discussed.
TOWN BOARD COMMENTS.
Mayor Pinkham reported that a fire ban is in effect and urged residents to be cautious
as the dry weather conditions continue.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 24, 2010, and Town Board Study Session
Minutes dated August 24, 2010.
2. Bills.
Board ofTrustees — September 14.2V10—Page 2
3. Committee Minutes:
A. Community Development/Community Services, August 20 2010.
B. Public Safety, Utilities and Public Works, September Q.2O1O.
1. Utility and Access Easement for 4O3Aspen Avenue.
4. Estes Valley Board of Adjustment Minutes dated July 13. 2010.
(acknowledgement only).
5. Resolution #10-10 Approval of the Northern Colorado Regional Hazard
Mitigation Plan.
It was moved and seconded (Levine/Miller) the Consent Agenda be mppw»ved, and
itpassed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. TOWN BOARD LIAISON UPDATES.
Trustee B|aokhurst reported on organizational changes within the Estes Pork
Housing Authority (EPHA)that will beoccurring in2011when the EPHAtakes
over the management of the Talons Pointe and Lone Tree apartment
complexes.
Trustee Ericson reported that the Supporters of the Performing Arta (8OPA)
will make e presentation at the September 28* Town Board Study Session;
noted that due hoalack offinancial support Eurthfeo may not bnheld in2O11;
and said that the Lorimer County Open Lands Board continues to obtain
conservation easements required to build noohuns of the Poudna River Trail
which will eventually connect Fort Collins and Greeley.
Trustee Koenig announced that the Rooftop Rodeo was once again
nominated as one of the top five rodeos in the nation by the Pmh*aeiuno|
Rodeo Cowboys Association (PRCA).
Trustee Miller announced that the Local Marketing District (LMD) has two new
employees and that the LK4D Board has taken a aionne opposing
Amendments O0and 01 and Proposition 101�
2. STREET AND ST0RMWATER PRESENTATION. Project Manager Sievers
reported on the current conditions of roads and storm water facilities owned by
the Town of Estes Park. At this time, 5596 of the 58 miles of Town roadways
have a pavement condition index (PC|)that falls within the fair to poor range
(75 or below). The rage of deterioration and maintenance costs inoroeao
rapidly when the conditions one below 75 PC|. Stuff estimates that
approximately $7.5 million is required over the next seven to 10 years to bring
streets to maintainable levels. The Town also owns and maintains 750.000
linear feat of roadside drainages which include ditohoo, curb and guttor,
bridg*o, and culverts. The report focused on improvements to the drainage
system in two areas of Tovvn, the southeast quadrant and the Elm Road
industrial area, with the cost to bring these two drainage areas up to a
maximum quality level estimated at $10 million. This data can be utilized for
long range planning and budgeting purposes.
3. TOWN ADMINISTRATOR REPORT.
Grandstands - Completion of work on |andnoaping, fencing, and a concrete
Board of Trustees — September 14, 2010 — Page 3
savings of approximately $15,000. Work is expected to be completed by
September 30, 2010.
3. ACTION ITEMS.
1. ORDINANCE #21-10 SMALL WIND TURBINE AMENDMENTS TO THE
ESTES VALLEY DEVELOPMENT CODE.
Following the June 22, 2010 Town Board Meeting, the small wind turbine
amendments to the Estes Valley Development Code (EVDC) were remanded
back to the Estes Valley Planning Commission (EVPC) with direction to
decrease the required setbacks and re-examine the special review process.
Planner Shirk recapped the votes taken at the August EVPC meeting where
the commissioners voted to remove the Conditional Use Permit process;
reduce setbacks to 2.5 times the tower height; and reduce the swept area of
the wind turbine to 85 feet and modify the definition of swept area to include
cowling in addition to moving parts. These recommendations of the EVPC are
reflected in the amendments to the EVDC presented to the Town Board for
approval.
Trustee comments are summarized: support the amendments with the
Conditional Use Permit provision; the National Renewable Energy Lab (NREL)
states small wind turbines do not make sense in Estes Park; support the work
of the EVPC with the addition of the CUP; important to get neighbors involved;
and the regulation is necessary and fair and addresses safety and visual
impact concerns.
Trustee Koenig opposed approval of the small wind turbine amendments and
urged the Board to ban small wind turbines in the Estes Valley. She stated
that micro wind turbines have already been approved, create less visual
impact, and can be utilized on properties of any size within the Estes Valley.
Trustee Blackhurst said setback regulations and height and noise ordinances
already in place will adequately regulate small wind turbines.
PUBLIC COMMENT.
Ron Norris, Town resident and Estes Valley Planning Commission chair,
reported on the four to three vote by the Planning Commission on the
Conditional Use Permit (CUP). He said the four commissioners voting against
the CUP saw the process as too burdensome, with the remaining three
commissioners favoring public involvement.
Johanna Darden, Town resident, said she is opposed to allowing small wind
turbines in Estes Park.
Bill Darden, Town resident, stated small wind turbines should be regulated, but
not regulated out of existence. He said he objects to his tax monies being
used to subsidize small wind turbines, and encouraged the Town not to
participate in rebate programs until the practicality of small wind turbines can
be demonstrated.
Attorney White read Ordinance #21-10 into the record. It was moved and
seconded (Levine/Miller) to direct staff to reinsert language requiring a
Conditional Use Permit review into the small wind turbine amendment to
the Estes Valley Development Code, and the motion passed. Those voting
"Yes" Trustees Elrod, Ericson, Levine, and Miller. Those voting "No" Trustees
Blackhurst and Koenig.
It was moved and seconded (Miller/Levine) to continue the public hearing
on Ordinance #21-10 until the September 28th Town Board meeting, and
the motion passed. Those voting "Yes" Trustees Elrod, Ericson, Levine, and
Miller. Those voting "No" Trustees Blackhurst and Koenig.
Board mfTrustees — September 14.2&1P—Page 4
2. 00PECPROFORMA AND MARKETING STUDY CONTRACT APPROVAL.
Following the July 27.2O10Town Board Study Session, arequest for proposal
(RFP) for a marketing analysis and pnoborma for the Multi -Purpose Event
Center (yWPEC)was issued. Six firms responded tothe RFP bythe August 27.
2010 deadline:
�Firm Name and Location Bb]�mw�m���
_�
^StnabagicAdhisuryGnmp—AUanta. GA � �_- _ $4K8,500
AECOMTechnical Service — Arlington, \V\ ' �
-� -$45,000
�
Economic and Planning Systems — Denver, CO
Markin Consulting —Minneapolis, MN _ $35,010
�C.H.Johnson Consulting — Chicago, |L | $34,500�
*Bids exclude reimbursable costs.
Staff recommends contracting with Grmenp|ay, LLC, based on the firm's
proximity to Estes Park, experience with similar projects, project oost, and the
finn'a ability to complete the marketing feasibility and pnofomna analysis by the
end of 2010. The contract cost of $24.900 will be appropriated from the
Community Reinvestment Fund.
Finance Officer McFarland said that the disparity in the bid amounts isinpart
ndobed to travel costs and said the RFP requested a final document that will
analyze whether the Town ran sustain the [NPEC project and make it
profitab|a, and if so, what the finances will look like. It was suggested that
Gneenp|mybmprovided with plans for the K8PECand bemade aware ofexisting
facilities such as those located atthe YMCA, the conference oenter, and the
Stanley Ho1m|, and the facility proposed by SOPA, and that staff contact
Colorado references provided byGvemnp|ay. The Mayor stated the importance
of considering the changing economy and changing demographics in the
analysis. Trustee Bnnd asked multiple questions concerning the K8PEC
contract selection process. It was determined that Afty. White would review
the contract between the Town of Estes Park and Gneenp|my. LLC and handle
any necessary negotiations. Finance Officer McFarland confirmed that the
contract price includes u presentation ofthe final product huthe Town Board.
PUBLIC COMMENT.
Charley Dickey, Town resident, said the firm will need correct and complete
information in order to generate a good product.
Kwas moved and seconded (B|ockhurst/EriGson)to approve the contract
with GreenpNmy, LUC, at a cost of $24,900 from the Community
Reinvestment Fund, account #204-5400'844'22-02, and it passed
unanimously.
Whereupon Mayor Pinkhamadjourned the meeting, cd8:4Ap.m.
William C. Pinkham, Mayor
Cynthia Deats, Deputy Town Clerk