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Home My WebLink AboutMINUTES Town Board 2010-07-27Town of Estes Park, Larimer County, Colorado, July 27, 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 27`h day of July, 2010. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Also Present: Lowell Richardson, Deputy Town Administrator Jackie Williamson, Town Clerk Absent: Jacquie Halburnt, Town Administrator 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. PROCLAMATION & CERTIFICATES OF APPRECIATION FOR EPURA. Mayor Pinkham read a proclamation in honor of the Estes Park Urban Renewal Authority (EPURA) and the investments the Authority provided to the Town of Estes Park over the past 25 years. Mayor Pinkham presented each EPURA Commissioner with a Certificate of Appreciation. PUBLIC COMMENT. Joanna Darden/Town citizen questioned why secrecy envelopes are not included with the current mail ballots. She requested an envelope be included for the voted ballot. Town Clerk Williamson responded stating the current election is a mail ballot election conducted by Larimer County and not the Town. David Habecker, Town citizen read a prepared statement related to the newly instituted Freethought Trail, religious practices and the desecration of the Pledge of Allegiance with the addition of 'under God'. TOWN BOARD COMMENTS. Trustees Blackhurst and Miller thanked EPURA, its Commissioners, Executive Directors and staff for their efforts and improvements to the Town. Mayor Pinkham stated the Whiteside stables have been removed to make way for a new Safeway gas station across from the Visitors Center. He commended the Board for the amount of time and initiative the Board has taken over the past year. 1. CONSENT AGENDA: 1. Town Board Minutes dated July 13, 2010 and Town Board Study Session Minutes dated July 9, 2010 and July 13, 2010. 2. Bills 3. Committee Minutes - None. Board of Trustees — July 27, 2010 — Page 2 4. Estes Valley Planning Commission Minutes June 15, 2010 (acknowledgement only). 5. Estes Park Urban Renewal Authority Minutes June 16, 2010 (acknowledgement only). It was moved and seconded (Levine/Blackhurst) the Consent Agenda be approved, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: 1. GRANDSTAND PROJECT UPDATE. Deputy Town Administrator Richardson reported the joint $2.418 million project between the EPURA and the Town was substantially completed on June 11, 2010 with a Temporary Certificate of Occupancy issued. A public dedication and grand opening was held on June 30, 2010. A final punch list of items to be completed has been forwarded to the contractor with a completion date within the next couple of weeks. A final Certificate of Occupancy would be issued after a final walk through with the contractor. Final items to be addressed by staff include landscaping along Manford Avenue, upgrade fencing and acquire appropriate discharge permit for drainage associated with washing down the bleachers. The Town has received a rebate from Platte River Power Authority for the energy efficient lighting installed at the facility, with the Town realizing a saving of approximately $1,500 in utility fees per year. Trustee comments were heard and summarized: signage should be added to direct attendees to the vendors; handicap signage needs to be marked in the parking lot; questioned if the bleacher drainage issue would be resolved; and staff should review warranty issues within the next 11 months prior to expiration. Deputy Town Administrator Richardson stated staff and the contractor have developed a solution to address the bleacher drainage issues. 2. BOARD LIAISON UPDATES. Trustee Koenig informed the Board the overall attendance at this year's Rooftop Rodeo was up and the Lions Club brought in approximately $10,000 more this year at the concession stand in the new grandstand facility. She stated the Venture Scout group from Costa Rica just completed a 10 day exchange in Estes Park. Mayor Pro Tem Levine stated the Partners of Commerce continues to get feedback from local businesses as to their concerns and needs. The group exists to provide resources and educational opportunities to support existing and future business in Estes Park with items like Business to Business luncheons, Welcome Wagon, workshops and networking events. Trustee Elrod provided an update on the recent Estes Valley Planning Commission meeting, in which the Commission discussed how to move forward with regulations for small wind turbines, discussed communication between the Town Board and the Commission (Attorney White to develop information for the 2 bodies to review), Director Joseph reviewed a problem statement related to development standards and review process for private schools that comply with the Religious Land Use And Institutionalized Persons Act. Trustee Ericson stated Supporters of the Performing Arts held their first meeting with the newly hired financial consultant who presented specific recommendations to move fundraising forward. Larimer County Open Space Board of Trustees — July 27, 2010 — Page 3 Committee has shifted focus from purchasing lands to enhancing trails and maintenance. The Transportation Committee would be soliciting public input and moving forward after Labor Day. 3. TOWN ADMINISTRATOR REPORT. None. 3. 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. AMENDED SUBDIVISION PLAT 1. Amended Plat, Portions of Lots 1 & 2, Block 2, 2"d Amended Plat, Town of Estes Park, 167 E. Elkhorn Avenue; 167 East Elkhorn, LLC/Applicant. Trustee Miller requested the item be moved to an action item. 2. ACTION ITEMS: A. Amended Plat, Portions of Lots 1 & 2, Block 2, 2"d Amended Plat, Town of Estes Park, 167 E. Elkhorn Avenue; 167 East Elkhorn, LLC/Applicant. Trustee Miller requested a brief explanation of the findings and conditions recommended by the Estes Valley Planning Commission, and requested staff include such items in future reports. Planner Chilcott stated all findings and conditions had been addressed prior to the Town Board meeting. As there was no comment, It was moved and seconded (Miller/Blackhurst) the Amended Plat as described above be approved, and it passed unanimously. B. Ordinance #16-10, Accommodation Zoning District Amendments to the Estes Valley Development Code to Allow Townhomes — Public Hearing. Mayor Pinkham reopened the public hearing. Planner Shirk reviewed an amendment to the Estes Valley Development Code that would allow townhome subdivisions in A and A-1 zoning districts and eliminate the requirement of five or more units. Trustee Blackhurst stated the change would help developers and homeowners obtain financing because townhome owners also own the land with the home. Deputy Town Administrator Richardson read Ordinance 16- 10 into the record. As there was no public comment Mayor Pinkham closed the public hearing. It was moved and seconded (Levine/Blackhurst) to approve Ordinance 16-10, and it passed unanimously. C. Ordinance #17-10, Development Plan Expiration Amendments to the Estes Valley Development Code — Public Hearing. Mayor Pinkham reopened the public hearing. Planner Shirk reviewed the code change causing approved development plans to expire after three years from the date of approval, if no construction activity has occurred. The code change would be retroactive to existing plans; therefore, staff contacted 21 property owners to notify them of the change. Board of Trustees — July 27, 2010 — Page 4 Joanna Darden/Town citizen questioned if a development would be subject to the new code if building permits were pulled but not completed. Director Joseph stated the code language only addresses development plans that have not been developed within three years of approval. Charlie Dickey/Town citizen questioned if the code would apply to the Park Theater Mall that was destroyed by fire. Director Joseph stated a destroyed nonconforming structure has one year from the date of the incident, such as fire, to submit for a building permit for the same structure. Jim Tawney/Town citizen requested the code have as much flexibility as possible due to the current economic and financial environment. Mayor Pinkham closed the public hearing. Deputy Town Administrator Richardson read Ordinance 17-10 into the record. It was moved and seconded (Blackhurst/Miller) to approve Ordinance 17-10, and it passed unanimously. D. A-1 Accommodations Density and Dimensional Standards Code Revision to the Estes Valley Development Code - First Reading/Public Hearing. Mayor Pinkham opened the public hearing. Planner Chilcott reviewed the proposed code amendment that would clarify how density is calculated in the A-1 zoning district; clarifies the difference between a B&B, a cabin -style operation, and a small hotel; and removes a reference to the EVDC Section 5.1.P for low -intensity resort lodges/cabins in the A-1 zoning district. As there were no public comment, it was moved and seconded (Levine/Koenig) the public hearing be continued to August 24, 2010, and it passed unanimously. 4. ACTION ITEMS: 1. ORDINANCE 18-10 PLATTE RIVER POWER AUTHORITY ORGANIC CONTRACT & POWER SUPPLY CONTRACT. Utilities Engineer Bergsten recommended extending the Organic Contract and the Power Supply agreement with Platte River Power Authority through 2050. The extension of the contract was approved 2 years ago and since that time there have been some minor changes from the other municipalities. Attorney White has reviewed the changes and agrees that the changes are not significant. Deputy Town Administrator Richardson read the Ordinance into the record. Mayor Pinkham opened the public hearing and as there were no comments the hearing was closed. It was moved and seconded (Koenig/Blackhurst) to approve Ordinance 18-10, and it passed unanimously. Brian Moeck/PRPA General Manager thanked the Board for approving the contract and agreement. Whereupon Mayor Pinkham adjourned the meeting at 8:50 William C.t-Pinkham, Mayor Jackie Williamson, Town Clerk