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Home My WebLink AboutMINUTES Town Board 2010-10-12Town of Estes Park, Larimer County, Colorado, October 12, 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 12`h day of October, 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 Jacquie Halburnt, Town Administrator Jackie Williamson, Town Clerk Absent: Chuck Levine, Mayor Pro Tem Lowell Richardson, Deputy 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 Charley Dickey/Town citizen thanked the Local Marketing District (LMD) and the Town Board for support on the 2"6 annual Winterfest on January 14`h — 17`h. He would support the Town earmarking $200,000 to offset the shortfall in the LMD 2011 operating budget. He commented on the success of the past weekend Sidewalk sale. TOWN BOARD COMMENTS Trustee Blackhurst reminded the public the combined Public Safety, Utilities and Public Works Committee meeting would be held on Thursday, October 14, 2010 at 8:00 a.m. in the Board Room. Trustee Ericson stated the Sidewalk sale was a success and that merchants followed the rules regarding the adequate space on the sidewalk for pedestrians. He commented mail ballots for the General Election have been mailed and early voting would begin next week in Town Hall. Two League of Women Voter forums would be held on the issues and the candidates. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 28, 2010 and Town Board Study Session Minutes dated September 28, 2010. 2. Bills. 3. Committee Minutes - None. 4. Resolution #13-10 — Schedule public hearing date of October 26, 2010 for a New 3.2% Off -Premise Liquor License application filed by Safeway Stores 46, Inc. dba Safeway Fuel #920, 621 Big Thompson Avenue. Board of Trustees — October 12, 2010 — Page 2 It was moved and seconded (Blackhurst/Miller) the Consent Agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. REAPPOINTMENT OF JONATHAN FORD TO THE ESTES VALLEY PUBLIC LIBRARY DISTRICT BOARD, 4-YR. TERM, DECEMBER 31, 2014. The Estes Valley Public Library District has requested the reappointment of Jonathan Ford to the Estes Valley Public Library District Board of Trustees for a 4-year term expiring December 31, 2014. It was moved and seconded (Ericson/Koenig) to approve the reappointment of Jonathan Ford to the Estes Valley Public Library Board of Trustees for a 4-year term expiring December 31, 2014, and it passed unanimously. 2. APPOINTMENT OF JACQUELINE HALBURNT TO THE PLATTE RIVER POWER AUTHORITY, COMPLETING TERM OF R. BERGSTEN, EFFECTIVE NOVEMBER 1, 2010 AND EXPIRING DECEMBER 31, 2011. In September, the Town completed an interview process for the Utility Director position and was not successful in finding a viable candidate. Brian Moek/PRPA Manager has suggested Town Administrator Halburnt replace Reuben Bergsten/Utility Engineer on the Board until the Director position has been filled. The appointment would be effective November 1, 2010 and expire on December 31, 2011. Trustee Ericson stated the change in the appointment should have taken place several months ago and commented the current action was not appropriate at this time. It was moved and seconded (Koenig/Blackhurst) to approve the appointment of Jacqueline Halburnt to replace Reuben Bergsten on the Platte River Power Authority Board for the remainder of the term effective November 1, 2010 and expiring December 31, 2011, and it passed with Trustee Ericson voting "No". 3. REPORTS AND DISCUSSION ITEMS: 1. NATIONAL PARKS ADVISORY COMMITTEE UPDATE. Grand Lake Mayor Judy Burke was unable to attend the meeting. The item will be rescheduled for a future Board meeting. 2. SIGN CODE UPDATE. Director Joseph presented an overview of the sign code review process over the past 2 years including the formation of a stakeholder committee, outlining the significant changes, including the addition of illustrations to the code, new code language to address the temporary signage needs of local non-profit fundraising events, non-profit banners, new process for Creative Signs, and a process for hearing variance requests by the Creative Sign Review Board. Community Development staff would develop a handbook for new businesses once the sign code has been adopted and would begin code enforcement of the new code. Staff anticipates the revised code would be considered by the full Board by the end of the year. 3. TOWN BOARD LIAISON UPDATES. Trustee Miller stated the Local Marketing District has presented its 2011 operating plan to the Town and County for review and approval. Visitation at the park is up 1.5% over last year, visitor guide requests are up 16.7%, and downloads are up 58% over last year. The LMD meetings would move from the second and fourth Tuesdays to the first and third Tuesdays of the month. Board of Trustees — October 12, 2010 — Page 3 Trustee Ericson commented SOPA has formally adopted a committee structure and continues to work on a draft business plan. Trustees Ericson and Miller stated the Transportation Visioning Committee met on October 5`h to discuss the purpose and desired results of the committee. The next meeting would be held on October 19`h. Mayor Pinkham suggested the committee take meeting minutes. Trustee Elrod stated the Estes Valley Planning Commission regular meeting would be held on October 19th with the study session beginning at 11:00 a.m. Trustee Blackhurst stated the Estes Park Housing Authority regular meeting has been rescheduled to October 20th in Room 130 to discuss the needs assessment. 4. TOWN ADMINISTRATOR REPORT. Budget study sessions continue the next two Fridays at 8:00 a.m. in the Board Room and encouraged the public to attend. 5. MEDICAL MARIJUANA CENTER. A moratorium was passed by the Town Board in June 2010 for one year to prohibit any medical marijuana dispensaries or other affiliated activities related to medical marijuana in anticipation of the state developing regulations by July 2011. Larimer County passed a moratorium this summer to prohibit dispensaries in the unincorporated areas of Larimer County including the Estes Valley. The County has banned dispensaries and are assessing whether or not to grandfather the existing facilties. Attorney White commented the state regulations include the ability for county and municipalities to ban or opt out of the licensing of marijuana facilities by July 1, 2011. After July 1, 2011, any county or municipality that has not taken action to ban the facilities would be required to have a licensing procedure in place. A ban would not affect the ability of an individual or primary caregiver from possessing a limited amount of medical marijuana. Chief Kufeld reviewed information from other local agencies regarding marijuana associated crimes, including Windsor, Fort Collins, Loveland and Lyons. Most entities stated an increase in criminal activity such as DUIDs, burglaries, child neglect, home invasions and secondary sales. Those speaking against medical marijuana centers in Estes Park included Wayne and Pat Newsom/Town citizen, Jim Cope/Town citizen, George Crislip/Town citizen, George Hockman/Town citizen, and Charley Dickey/Town citizen. Comments included the first step to hard drugs is the use of marijuana; Estes Park citizens can obtain medical marijuana from surrounding towns or through companies using Fed Ex; research is limited on the use of marijuana and mostly testimonial; physicians continue to write prescriptions for a fee; concerned with the image of the Town if the facilities are allowed; there are no physicians writing prescriptions at this time, and therefore, no one to monitor those using marijuana; and law enforcement will have an increase in enforcement activities. Those speaking in favor of medical marijuana centers in Estes Park included Mary Ann Wall/Town Citizen, Vern Emory/County citizen, Jim Tawney/Town citizen, Josalin Livingstone/Town citizen, Mike Bilos/County citizen and Ed O'Farrell/Town citizen. Comments included: there is a place and a need for the mature use of marijuana for valid medical conditions; the tax revenue could benefit the community to support schools; facilities in Estes would create jobs and tax receipts; place it on the ballot for the electorate to vote on the issue; the Town should allow the free market and licensing of the product to control Board of Trustees — October 12, 2010 — Page 4 the number of dispensaries operating within the community; and dispensaries should be allowed; however, they should not be allowed in historic buildings or the downtown zoning district. Board comments are summarized: several medical marijuana centers have tried to locate in Estes Park downtown; a major concern is the fact there are no physicians locally to care for the patients using marijuana; a special election could be held to determine if centers should be allowed; the Board needs to consider our citizens and community when making a decision on medical marijuana centers; there needs to be follow-up care for those using marijuana, therefore, users need to get care down valley where centers are already located; and there are several issues that would need to be addressed if centers are located in Estes Park including zoning, licensing and enforcement. After further discussion, it was moved and seconded (Koenig/Blackhurst) to direct staff to prepare an Ordinance banning medical marijuana centers, optional grow operations and infused products for the Boards consideration at the October 26, 2010 Board meeting, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meet(ng 8:54.p7m. / , f illiam . Pinkham Q kie Williamson, Town Clerk