HomeMy WebLinkAboutMINUTES Town Board 2010-10-26Town of Estes Park, Larimer County, Colorado, October 26, 2010
Minutes of a Regular meeting of the Board of Tiuutuao of the Town of
Estes Park' Larirner County' Colorado. Meeting held in the Town Hall in
said Town of Estes Park on the 28' day of October, 2010. Meeting
called toorder byMayor Pinkharn.
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tern
Trustees Eric EUookhuraL
Mark Elrod
John Ericson
Wendy Koenig
Jerry Miller
Greg White, Town Attorney
Jocquia Ha|burnt' Town Administrator
LovvoU Richardson, Deputy Town Administrator
Jackie VViUimnnsnn, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 pm. and all desiring to do so,
recited the Pledge of Allegiance.
RESOLUTION C]FRESPECT.
Mayor Fqnkhom presented Robert (Bob) Goohhng Jr. with a Resolution of Respect for
his 20 yoem ofservice 0u the Town of Estes Park. The Board congratulated Lti|id*o
Director Goehring on his retirement and thanked him for his service to the community.
PUBLIC COMMENT.
Joanna Darden/Town citizen stated the review ofPlanned Unit Development (PUBm)
standards by the Planning Commission in premature and asked the Board to request
the Commission abandon its efforts. She requested the Town provided aplan onhow
the large trees in Bond Park would be preserved during the reconstruction of the park.
TOWN BOARD COMMENTS.
Trustee Ericson reminded the public the General Election would be held on Tuooday.
November 2, 2010 and encouraged everyone to vote.
TrusteoB|ackhurst stated the Housing Authority has cancelled the needs assessment
because coot was 50% higher than budgeted. He encouraged anyone interested in
learning about the Police Department to attend the Police Academy.
1. CONSENT AGENDA:
1� Town Board Minutes dated October 12, 2010. Town Board Study Session
K@nuh*o dated October 12. 2810 and Town Board Budget Study Session
Minutes dated October 1.2O10.
2. Bills
1 Committee Minutes:
A. Public Safety, Utilities, Public Works Committee, October 14.2O10.
Board of Trustees — October 26, 2010 — Page 2
2. Water Department Utility Truck Replacement - $40,719.10,
Budgeted.
3. Concrete Rehabilitation, Cornerstone Concrete - $50,000. Budgeted.
4. Estes Valley Planning Commission Minutes September 21, 2010
(acknowledgement only).
5. 2009 International Building Codes — Motion scheduling the Public Hearing on
November 23, 2010 for adoption of the 2009 International Building Codes.
It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and
it passed unanimously.
2. LIQUOR ITEMS:
1. PUBLIC HEARING: NEW 3.2% OFF -PREMISE LIQUOR LICENSE
APPLICATION FILED BY SAFEWAY STORES 46, INC. dba SAFEWAY
FUEL #920, 621 BIG THOMPSON AVENUE.
Town Clerk Williamson presented the application for a new 3.2% Off -Premise
License. Alan Dill/Safeway Attorney reviewed the application and petition
process used. Mayor Pro Tem Levine urged Safeway managers to comply
with Liquor Laws, particularly avoiding liquor sales to minors and encouraged
T.I.P.S training be completed as soon as possible. It was moved and
seconded (Blackhurst/Ericson) the application filed by Safeway Stores 46,
Inc. dba SAFEWAY FUEL #920 for a 3.2% Off -Premise License be
approved, and it passed unanimously.
3. REPORTS AND DISCUSSION ITEMS:
1. BOARD LIAISON UPDATES.
Trustee Miller stated the Historic Preservation Committee would present an
ordinance to the Board at the November 9, 2010 study session.
Trustee Koenig commented the Sister Cities is collecting Spanish children's
books for Costa Rican school children. Draft meeting procedures for Town
Board meetings are being drafted by Trustee Elrod, Trustee Koenig and
Commissioner Norris to be presented at the December 14th study session.
Trustee Ericson stated the Audit Committee met to discuss the upcoming audit
and reviewed the management letter from this year's audit. The Transportation
Visioning Committee will meet on Wednesdays twice a month.
Trustee Elrod informed the Board of the resignation of county appointed Steve
Lane from the Estes Valley Planning Commission. The County Commissioners
adopted the small wind regulations. The Planning Commission has
recommended moving the outdoor display of items from the sign code to the
Development Code. Staff presented the benefits and trade-offs of PUDs and
would work on a new problem statement for review by the Town Board prior to
moving forward with code changes.
2. TOWN ADMINISTRATOR REPORT.
Elkhorn Avenue would be closed at 5:00 p.m. for the Halloween activities.
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.
Board of Trustees — October 26, 2010 — Page 3
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP
1. The Promontory at Kiowa Ridge Condominiums, Supplemental
Map #6, Lot 6, Marys Lake Replat, Kingswood Homes,
Inc./Applicant. Item moved to an action item per Trustee
Miller's request.
2. ACTION ITEMS:
A. VESTING PERIOD EXTENSION
1. The Promontory at Kiowa Ridge Condominiums, Supplemental
Map #6, Lot 6, Marys Lake Replat, Kingswood Homes,
Inc./Applicant. Mayor Pinkham opened the public hearing.
Trustee Miller questioned why the units where being
condominiumized versus freestanding townhomes. Attorney White
stated this is an ongoing condominium project. As there was no
public comment the public hearing was closed. It was moved and
seconded (Miller/Koenig) to approve the Supplemental
Condominium map for the Promontory at Kiowa Ridge
Condominium, Supplement Map #6, Marys Lake Replat, and it
passed unanimously.
5. ACTION ITEMS:
1. APPOINTMENT OF LOCAL MARKETING DISTRICT (LMD) BOARD
MEMBERS.
An interview panel consisting of Mayor Pro Tem Levine, Trustee Koenig, LMD
Board member Blackman and LMD Board member Blanchard interviewed 7
candidates to replace the outgoing Ken Larson and Elizabeth Blanchard
Fogarty on the Local Marketing District. The panel has recommend Lindsay
Lamson and Chris Wood to the LMD Board. It was moved and seconded
(Miller/Ericson) to approve the appointments of Lindsay Lamson and Chris
Wood to the Estes Park Local Marketing District Board for 4-year terms
effective January 1, 2011, expiring on December 31, 2014, and it passed
unanimously. The Board thanked the two departing members for their service.
2. ORDINANCE #22-10 ELIMINATION OF THE 3.33% VENDOR FEE.
Trustee Ericson recused himself. During the pre -budget study session on July
23, 2010, staff reviewed potential revenue sources including the elimination of
the 3.33% vendor fee, retained by a licensed business that collects and remits
Town sales tax on time. The vendor fee was eliminated by the State in 2009
and Larimer County in 2010, and is not offered by the Local Marketing District
for the collection of the 2% accommodation tax. At that meeting the Board
requested staff investigate the steps necessary to eliminate the fee. After
review of the sales tax ordinances, it was determined the 3.33% vendor fee
was established by Ordinance 6-71 and has remained unchanged since 1971.
State statute 39-26-105(1)(a) C.R.S. states the Town can terminate the vendor
fee. The elimination of the vendor fee would result in approximately $233,100
of cost saving to be used to support public services such as road repairs,
public safety and economic development. In addition, 7% of the savings would
benefit the Estes Valley Fire Protection District.
Those speaking in opposition Ken Hobart/County citizen and local business
owner, Richard Homeier/Town citizen and local business owner, Cory
Blackman/Town citizen, Paul Fishman/Town citizen, and Jim Tawney/Town
citizen and local business owner. Comments included this was not the
Board of Trustees — October 26, 2010 — Page 4
appropriate economic climate to make such a change; questioned the need;
the Town would be levying an additional tax on business owners; further
discussion on how the money would be used and how it could benefit the
business community; Mr. Fishman reviewed a survey he conducted of 100
businesses in which a majority were not in favor, would like the money used for
the business community, and would favor the development of a business
committee to review uses; and the vendor fee is a service fee for collecting an
remitting tax to the Town.
Lynette Lott/EALA President and business owner stated EALA members were
split on the issue; however, they would like to encourage the Board to earmark
the funds for economic development of the off-season events and additional
events at the fairgrounds.
Board comments are summarized: the Board should take the following year to
discuss the issue, questioned whether or not funds could be earmarked for
Bond Park or street improvements; the vendor fee is a payment for service and
is a budgeted item for local businesses; need to provide more public comment
on the topic; questioned if the vendor fee could be eliminated over time and/or
capped; and the business community would like the money spent on marketing
and economic development, which is the task of the LMD.
Attorney White read the Ordinance. After further discussion, it was moved
and seconded (Levine/Miller) to deny Ordinance #22-10, and it passed
unanimously with Trustee Ericson recusing himself from the vote.
3. ORDINANCE #23-10 PROHIBITING MEDICAL MARIJUANA CENTERS,
OPTIONAL PREMISES CULTIVATION OPERATIONS AND MEDICAL
MARIJUANA INFUSED PRODUCTS MANUFACTURING.
The Colorado Legislature recently adopted the Colorado Medical Marijuana
Code (CMMC). The CMMC authorized a regulatory process for the retail sale,
distribution, cultivation, and dispensing of medical marijuana through medical
marijuana facilities which are referred to as medical marijuana centers,
optional premise cultivation operations, and medical marijuana — infused
product manufacturers. The CMMC specifically authorizes the Board of
Trustees of the Town of Estes Park to adopt an Ordinance prohibiting
operations outlined in the law. The proposed ordinance would prohibit the
operation of medical marijuana centers, optional premises cultivation
operations and medical marijuana — infused products manufacturing facilities in
the Town; recognizes the protections afforded by Article XVIII, Section 14 of
the Colorado Constitution with regard to medical marijuana patients and
primary caregivers; and terminates the temporary moratorium on the issuance
by the Town of any Town operated business license, building permit, or any
other approvals related to the establishment or operation of a medical
marijuana facility.
Those speaking in favor included Joanna Darden/Town citizen and George
Hockman/Town citizen. Allowing centers in Estes Park would increase crime
and hurt the image of Estes as a family tourist destination.
Jim Tawney Town citizen stated centers should be allowed to operate and
sees no reason to prohibit the business in Estes Park.
The Board stated Estes Park does not have local doctors that can prescribe
and monitor patients using medical marijuana, and therefore, a center would
not be appropriate locally. Attorney White read the Ordinance, it was moved
Board of Trustees — October 26, 2010 — Page 5
and seconded (Koenig/Blackhurst) to approve Ordinance 23-10 including
the lifting of the temporary moratorium, and it passed unanimously.
4. ORDINANCE #24-10 AMENDMENTS TO SIGN CODE CHAPTER 17.66 OF
THE MUNICIPAL CODE.
Director Joseph reviewed the proposed amendments to the sign code. These
revisions are aimed at relaxing some of the current code standards. Staff has
also made revisions to improve the internal consistency, clarity and readability
of the document, this involves some re -formatting and re -organization of the
existing code language that is to remain in the code. The Community
Development/Community Services committee has directed staff to make
numerous revisions over the last few months as the committee has reviewed
and refined earlier drafts. Code changes include the following: the addition of
illustrations to make the code easier to understand; provisions to address the
temporary signage needs of local fundraising special events, such as the Duck
Race; a new section for non-profit (non-commercial) banners; a new process
for Creative Signs that will provide flexibility in the application of the sign code;
and a new process for the hearing of variances requested by the Creative Sign
Review Board.
Board comments are summarized: remove the word "widely" from 17.66.050
(4); a sign code is critical in maintaining the character of a premier mountain
resort; the illustrations are helpful and would encourage more examples; and
enforcement procedures and education should be discussed.
Marsha Hobart/County citizen and local business owner spoke to the
regulations for banners. She stated banners should be allowed and contends
the proposed regulations on banners hurt local businesses.
Richard Homeier/Town citizen and local business owner stated the proposed
code amendments have not been properly advertised to the community, and
stated consideration of the new code should be postponed to the next meeting.
Chuck Hand/YESCO Sign Co. stated the proposed sign code amendments are
clear and fair. He stated concern with the electronic message boards and the
limitation on how often the board's message can change.
Trustee Miller stated the Sign Code Taskforce reviewed the message boards
and did not want to have a constant flickering and flashing of lights downtown,
and therefore, limited the times in which a message could be changed.
After further discussion by the Board, it was moved and seconded
(Blackhurst/Koenig) to continue Ordinance #24-10 to the November 9, 2010
meeting to allow for additional public review of the proposed code
amendments, and it passed with Trustees Miller and Ericson voting "No".
5. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Ericson/Blackhurst) for the Board to go into
Executive Session for the purpose of discussing a personnel matter; not
involving any specific employees who have requested discussion of the
matter in open session; any member of the Town Board (or body); the
appointment of any person to fill an office of the Town Board (or body);
or personnel policies that do not require discussion of matters personal
to particular employees., under C.R.S. 24-6-402(4)(f), and it passed
unanimously.
Board of Trustees — October 26, 2010 — Page 6
Mayor Pinkham recessed the meeting to enter into Executive Session at 9:30 p.m.
Mayor Pinkham reconvened the meeting at 10:44 p.m. from Executive Session
whereupon he adjourned the meeting at 10:44,i.m.
William C. Pinkham, Mayor
Jacki )JVilliamson, Town Clerk