HomeMy WebLinkAboutMINUTES Town Board 2010-09-28Town of Estes Park, Larimer County, Colorado, September 28, 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 28th 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
Greg White, Town Attorney
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: Jacquie Halburnt, Town Administrator
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PUBLIC COMMENT.
Johanna Darden/Town citizen commented on the loss of trees that would occur with the
new Bond Park Master Plan. She stated the trees would be replaced with pavers
leaving less green space downtown.
David Habecker/Town citizen requested the Town Board refrain from reciting the `Under
God' pledge.
TOWN BOARD COMMENTS.
Mayor Pinkham reminded the community of the high fire danger and the fire ban in
effect until further notice.
1. CONSENT AGENDA:
Town Board Minutes dated September 14, 2010 and Town Board Study
Session Minutes dated September 14, 2010 and Joint Town Board, Larimer
County Commission and Estes Valley Planning Commission Minutes dated
August 30, 2010.
2. Bills
3. Committee Minutes:
A. Community Development, September 23, 2010.
4. Estes Valley Planning Commission Minutes August 17, 2010
(acknowledgement only).
It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and it
passed unanimously.
2. LIQUOR ITEMS:
Board of Trustees — September 28, 2010 — Page 2
1. TRANSFER OF OWNERSHIP — FROM PHILLIPS MANAGEMENT SYSTEMS
INC. DBA SMOKIN' DAVE'S BBQ & TAPHOUSE TO 7522 RESTAURANT
CORPORATION DBA SMOKIN' DAVE'S BBQ & TAPHOUSE.
Town Clerk Williamson presented the application transferring the Hotel and
Restaurant License to 7522 Restaurant Corporation. The ownership of the
license remains the same and only the corporation/applicant name has
changed. Mr. Oehlman commented on the transfer, and Mayor Pro Tem
Levine urged Mr. Oehlman to comply with Liquor Laws, particularly avoiding
liquor sales/service to minors. It was moved and seconded (Blackhurst/Miller)
the Transfer Application filed by 7522 Restaurant Corporation dba
SMOKIN' DAVE'S BBQ & TAPHOUSE for a Hotel and Restaurant License
be approved, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS:
1. BOARD LIAISON UPDATES.
Trustee Miller stated the newly formed Transportation Visioning Committee
would meet on October 5th. The ad -hoc citizen committee would be supported
by consultants and staff to provide technical support.
Trustee Koenig announced the Rooftop Rodeo Committee elected new
officers. Sister Cities would hold a public meeting on November 3, 2010.
Mayor Pro Tem Levine reminded the business community of the Fall
Celebration sponsored by the Estes Valley Partners of Commerce on
September 30, 2010.
Trustee Ericson stated the Supporters of the Performing Arts presented an
update on fundraising efforts to the Town Board during the study session. The
group is developing a business plan for 2011. The Larimer County Open
Lands committee reported sales tax up county wide.
Trustee Blackhurst commented the needs assessment for Lot 4 near Good
Samaritan has come in over budget and would be discussed at the next
Housing Authority meeting.
Mayor Pinkham stated the Boy Scouts held their Centennial celebration at
Hermit Park this past weekend. He thanked everyone involved and recognized
the efforts of the Special Event staff.
2. TOWN ADMINISTRATOR REPORT.
• Deputy Town Administrator Richardson reminded the public of the
upcoming budget study sessions to be held on the first four Fridays of
October from 8:00 a.m. to 12:00 p.m.
• The concrete is in at the fairground for the driveway and vendor pad. The
fence will be completed shortly.
• Staff attended a CIRSA training to provide a presentation on the Town's
successful loss prevention program that saves the Town money on
premiums.
4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action. Mayor Pinkham opened the Public Hearing
for all Consent Agenda Items.
1. CONSENT ITEMS:
A. VESTING PERIOD EXTENSION
1. Development Plan 00-07, Lot 3, Marys Lake Replat, 2625 Marys
Lake Road, Marys Lake Lodge Condominiums, Ram's Horn
Board of Trustees — September 28, 2010 — Page 3
Development Co., LLC/Applicant. Item moved to action item per
citizen request.
2. ACTION ITEMS:
A. VESTING PERIOD EXTENSION
1. Development Plan 00-07, Lot 3, Marys Lake Replat, 2625 Marys
Lake Road, Marys Lake Lodge Condominiums, Ram's Horn
Development Co., LLC/Applicant. Mayor Pinkham opened the
public hearing. Johanna Darden/Town citizen stated the vesting
period should not be extended because the area has already been
overdeveloped, and there are many issues that need to be
addressed.
The public hearing was closed. It was moved and seconded (Levine/Blackhurst)
to approve an extension of the vesting period for three years ending
September 20, 2013 for Development Plan 00-07, Lot 3, Marys Lake Replat,
and it passed unanimously.
5. ACTION ITEMS:
1. RESOLUTION #11-10 RECYCLING THROUGH PRIVATE ENTERPRISE.
Mayor Pinkham provided a brief history on the topic of recycling, including the
most recent discussion of providing support for grant funding of a cardboard
compactor. The proposed resolution outlines the Town's support and
commitment to good stewardship of the environment and recognizes there are
sufficient private enterprise options available for citizens and visitors in the
Estes Valley and surrounding communities. Board comments followed: all
stated support for recycling; recycled materials do not end up in the landfill; the
Town should not compete with local private enterprise; and the Board
recognized the efforts of the Recycling Committee. Attorney White stated the
Town has never been involved in solid waste, which has been the responsibility
of the county since the 1960s.
Irene Little/Co-Chair of the League of Women Voters Recycling Committee
stated the resolution does not address the concerns of the committee,
including Estes Park citizens using recycle centers paid for by citizens of other
communities and applying for grant funds to improve recycling in Estes Park.
She asked if the Town would lease land to the League for a compactor.
Corinne Dyer/League of Women Voters Recycling Committee commented on
the need for improvements at the transfer site to make it more user friendly
through grant opportunities. She requested the town not hamper the efforts in
applying and receiving grants. The Board stated grant efforts should be
coordinated through the county and Waste Management.
Jean Weaver/Recycling Center Co -Founder stated recycling saves the
community money.
David Habecker/Town citizen stated if recycling was profitable the cost of
collection would go down. He commented there are times when government
should get involved.
It was moved and seconded (Blackhurst/Ericson) to approve Resolution
#11-10, and it passed unanimously.
2. RESOLUTION #12-10 SURPRISE SIDEWALK SALE OCTOBER 9TH & 10th .
Manager Winslow stated the shoulder -season event is open to all businesses
in Estes Park from 9:00 a.m. to 5:30 p.m. The Resolution allows for outdoor
Board of Trustees — September 28, 2010 — Page 4
sales during this event, which would otherwise be a violation in the CD —
Commercial Downtown zoning district. Trustee Ericson requested staff insure
the business owners are educated on the regulations, and staff enforces the
outside merchandise space.
Charley Dickey/Town citizen requested consideration of placing cones in the
loading zones downtown to prevent possible accidents and allow tent signs.
Manager Winslow stated closing off the loading zones has been a concern with
business owners in the past. The sign code is not being enforced at this time.
After further discussion, it was moved and seconded (Ericson/Koenig) to
approve Resolution #12-10 as written, and it passed unanimously.
3. DESIGN ENGINEERING FOR BOND PARK PHASES I AND III.
Director Zurn reviewed the RPF for Bond Park design engineering Phases I
and III. Each submittal was rated in seven categories by a stakeholder
committee: responsiveness to the needs of the Town of Estes Park; the
responsibility of the proposing firm and its experience in dealing with municipal
governments in similar projects; the proposing firm's engagement team; the
degree to which the proposal meets or exceeds the terms of the RFP; past
performance of the firm; the firm's not -to -exceed cost; and the firm's ability to
adhere to the deliverables described in the RFP. The committee recommends
RG & Associates, and noted they were the most responsive to the
requirements outlined in the RFP. The committee requested staff renegotiate
the scope and fee with RG & Associates.
Firm Name
Location
Quote
Drexel, Barrell & Co./Thorp Associates
Boulder
$43,170
TST, IncJAdonai/AII Terrain
Fort Collins
$45,700
Cornerstone Engineering/Basis Architecture
Estes Park
$52,650
JVA Incorporated/Thorp Associates/BHA
Boulder
$55,900
McDowell Engineering/Russell+Mills Studios
Fraser
$73,475
RG & Associates/Winston Associates
Denver
$76,546
JHS Engineering/Russell&Mills Studios
Fort Collins
$76,470
Britina Design Group/Loris & Associates
Arvada
$77,225
Landworks Design, Inc./Tetra Tech
Denver
$129,675
Design Concepts/Olsson Associates
Lafayette
$154,550-$206,800
Mayor Pro Tem Levine expressed concern with the renegotiation with one firm
and not providing the same opportunity to all other bidders. Director Zurn
stated RG & Associates were determined to have the best proposal prior to the
efforts of narrowing the scope and firming up the final price. The committee
recommended reducing the number of meeting, thereby decreasing the
deliverables and the cost.
Johanna Darden/Town citizen questioned what trees would be removed or
damaged during the construction of Phases I & 111. Trustee Miller stated the
project has not been designed, therefore, it is unknown what trees would be
removed. Director Zurn stated the consultant would present the detail design
to the Board and the public before final approval.
After further discussion, it was moved and seconded (Elrod/Blackhurst) to
renegotiate the scope of the contract with RG & Associates for the design
engineering of Bond Park Phases I & III for $70,000 from #220-4600-462-
35-60, and it passed unanimously.
4. ORDINANCE #21-10 SMALL WIND TURBINE AMENDMENTS TO THE
ESTES VALLEY DEVELOPMENT CODE.
Planner Shirk reviewed the history of developing code requirements/regulations
for small wind turbines. The proposed regulations contain a Conditional Use
Board of Trustees — September 28, 2010 — Page 5
Process (CUP) that would be reviewed by the Estes Valley Planning
Commission with appeals going to the Town Board or County Commission.
The CUP process would include notification of the neighbors and specific
review criteria. Every building permit application for a small wind turbine would
be subject to a CUP, and failure of an applicant to apply for a building permit
and commence construction or operation within one year of receiving approval
would terminate the CUP. Review criteria would include but are not limited to
visual impact, height, size, noise, shadow flicker, color, design and wildlife
standards.
Trustee Miller stated support for the CUP process; however, he questioned
several of the items proposed including the submittal of a visual analysis,
sound analysis, shadow flicker as it relates to the principle living quarters or
occupied structure, allowing tower designs, height measure from the hub to be
consistent with the county and a safety setback of 1 '/2 or 2 times from the
principle adjacent structures and not less than the standard zoning setback.
Other Board comments: all structures should be included when reviewing
shadow flicker; height should be measured to the top of the blade and not the
hub; and the proposed regulations are complicated and not necessary.
Johanna Darden/Town citizen spoke in favor of the regulations and would not
agree with the removal of proposed review criteria.
Paul Brown/Town citizen stated a photo simulation should not be required. He
also commented on an unrestrictive design, no color requirements, a two time
setback should be standard and no additional requirements to ensure the noise
ordinance has been met.
Bob Clements/County citizen stated the proposed regulations are heavy-
handed and overkill. He stated the current development codes adequately
address concerns related to small wind turbines. He requested the Board
consider a size limit for turbines, up to 85 square feet, that would be exempt
from the CUP process, and allow turbines to be up to 125 square feet.
Ron Norris/Planning Commission Chair stated the CUP process being
proposed was not reviewed by the Planning Commission. The Commission
was aligned on the height requirement, measurement to the top of the blade
and 2 time setback. The majority of the public input revolved around allowing
the turbines with regulations. The Commission limited the size of the turbines
to 85 square feet because of the lack of a CUP process.
Attorney White read the Ordinance into the record that included the lifting of
the moratorium. After further discussion by the Board, it was moved and
seconded (Miller/Elrod) to approve Ordinance 21-10 with the following
amendments 1.) Remove submittal requirements (2).a., (2).b. and (2).f.; 2.)
Review Criteria (3).a. shall read ...structure to be located and sited ...; 3.)
Review Criteria (3).e. shall read All towers shall be freestanding; 4.)
Review Criteria (3).f. shall include the code reference Section 7.8; and 5.)
Section (6) Size shall increase from 85 to 125 square feet, and it passed
with Trustee Blackhurst voting "No".
Whereupon Mayor Pinkham adjourned the me ng a , 9;,08 p.m.
/7/
illiam C. Pinkham, Mays
kie Williamson, Town Clerk