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Home My WebLink AboutMINUTES Town Board 2010-07-13Town of Estes Park, Larimer County, Colorado, July 13, 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 13`h day of July, 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 Lowell Richardson, Deputy Town Administrator Jackie Williamson, 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. Distinguished Life -Saving Award - Chief Kufeld presented Sergeant Pass with an official Distinguished Life -Saving Medal and bar to be worn on his uniform, framed Certificate of Accommodation and a plaque in recognition of his quick response and performance of CPR on a non -responsive visitor. The Mayor and the Board of Trustees thanked Sergeant Pass for his service to the community. PUBLIC COMMENT Bill Dardin/Town citizen questioned why the ordinance considered by the Town Board at their last meeting regarding small wind turbines did not require a second reading. Bill Van Horn/MacGregor Ranch Board member stated the ranch received an emergency grant through the State of Colorado to remove approximately 300 trees and over a 100 loads were delivered to the Town's disposal site. He thanked the Town for the service provided. The ranch has received aid from NRCS to replace fencing with wildlife friendly fencing and have moved the fence back from the road right-of-way to provide room in the future for a potential trail or sidewalk in the area. Mr. Van Horn also commended the Town and the Rodeo Commiftee for what he found to be the best rodeo he has attended. TOWN BOARD COMMENTS Trustee Blackhurst stated the Estes Park Housing Authority would meet on Wednesday, July 14, 2010 at 8:30 a.m. in Room 203. Trustee Koenig commented on the wonderful effort of the Rooftop Rodeo Committee this year. 1. CONSENT AGENDA: 1. Town Board Minutes dated June 22, 2010 and Town Board Study Session Minutes dated June 22, 2010. Board of Trustees — July 13, 2010 — Page 2 2. Bills. 3. Committee Minutes: A. Community Development/Community Services, June 24, 2010. B. Public Safety, Utilities & Public Works, July 8, 2010. It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: 1. RMNP UPDATE ON COW CREEK FIRE. Public Information Officer Kyle Patterson updated the Board on the current conditions of the cow creek fire west of Glen Haven near Mount Dickinson. Smoke was first seen on June 24, 2010 in an area that had not burned for 100s of years, and therefore, heavy fuel loads existed. The fire was suppressed and contained on the eastern border and was left to burn toward the west because fire is a natural part of the ecosystem. As of late last week the infrared flight showed no heat from the fire due to the cooler temperatures and rain condition; however, there could still be hotspots in the area that may flare up in the future as weather conditions change. $2.3 million dollars have been expended on the fire to date. The park thanked town staff, LMD staff and staff at the school for their assistance during the event. 2. TOWN BOARD LIAISON UPDATES. Trustee Miller stated the LMD would be starting a branding process to aid in developing a better marketing plan. Trustee Ericson stated the Supporters of the Performing Arts (SOPA) are moving forward with their programs for the season to help raise funds for the theater. The group has also signed a contract with a fundraising consultant to help with the effort. Trustee Elrod stated the Planning Commission would like to look at additional methods to improve communication between the Town Board and the Commission. 3. TOWN ADMINISTRATOR REPORT. May sales tax collection was 2.49% worse than last year; however, the Town has gained some ground from last month with the year-to-date now 5% behind budget versus 6.7% reported after last month. 4. SIGN CODE. Administrator Halburnt stated the Town has been reviewing the sign code for approximately a year. A subcommittee consisting of a member of the Town Board, business owners and community members was formed to discuss the potential changes to the code. A local business owner and member of the task force requested the Town Board consider adopting the proposed changes to the banner portion of the sign code last December in an effort to provide opportunities for local businesses during the off season. Only the banner portion of the sign code has been enforced since February 2010 at the request of the Community Development Committee. Trustee Koenig commented on the unusual approach to only enforcing a portion of the sign code and not the entire code as it currently stands. The Board mfTrustees — July 13,2D1n—Page 3 selective enforcement of the code has led to confusion inthe business Trustee Miller stated the Committee recommended the balance of the current sign code not be enforced because a large portion of the code would most likely change, and thorefonn, business owners may incur unnecessary expense to come into compliance with an out ofdate code. 3' ACTION ITEMS: 1. ADDITIONAL FUNDING FOR PROSPECT AVENUE RECONSTRUCTION. Director Zumreviewed the project which consists nf2308feet ofroadway tu be completely vop|ocod, upgrades to water and o|octho in the area, and upgrades to the sanitation facilities. Project delays have occurred du* to *magher, nub'gnadeissuas. sewer lines, gas line relocation, and MR[ trailer arriving each Thursday and leaving on Fridays. The original funds budgeted for the project included S812.000from 3T|Pand $64.000 from the hospital. The Board approved $704.03177 including a 1096 contingency for the project, which was less than the engineers estimate. Staff requests $4O.000 tomitigate the poor sub -grade onthe lower half ofthe roadway. After further discussion, itwas moved and seconded (B|ackhumt/Koenig)hoapprove an additional $40.UDOfor the project for atotal project cost of$744,031.T1. and itpassed unanimously. 2. RECONSIDERATION OFSMALL WIND TURBINE REGULATIONS. Ron Norris/Chair En8mo Valley Planning Commission requested the Town Board reconsider regulations for ommU wind turbines because public opinion has been strongly in favor cfregulations that go beyond standard setbacks and height limits, and the Town Board and the County Commissioners have already enacted regulations for micro -wind turbines. Comments were also heard from Commissioner Hull, Tucker and Pnggonpnh|requesting the Board reconsider regulations; extend the moratorium and work with EVPC to develop code language that would benefit the entire valley; a special review pmooeo was not included because of the potential |ook of consistency; the variance pnnneon could be used for installations that do not comply with the code; and the Estes valley needs to have regulations that address the unique issues such aeview corridors. Those speaking in favor of the Board reconsidering regulations, included Phil Edwards/President of the Northand HOA, Bob Rising/President of the Carriage Hills HOA, Joanna Darden/Town citizen, Corey LaBiunca/Town citizen, Sandy Lindquist/Town citizen, Jay Heineman/County resident, and Linda MoCroog/County resident. Comments included the need for regulations to preserve the visual integrity of the northond; the Planning Commission's recommended regulations were reasonable and should be reconsidered; the moratorium should not be lifted until regulations are in place for small turbines; and consideration should be given to all property owners including those adjacent tnaproperty with aturbine. Bob Clements/County resident requested the Planning Commission review the setback regulations ifthe issue iokobereconsidered. Trustee B|ockhurst stated the Town Board remanded the regulations for small wind turbines to the Planning Commission to develop an appropriate review process. The recommended regulations did not include a review process. He also stated the Town Board adopted a policy recently outlining the individual Board members would support the vote ofthe Board. Board of Trustees — July 13, 2010 — Page 4 After further discussion, it was moved and seconded (Levine/Miller) to reconsider regulations for small wind turbine that include a public review process and reduced setbacks to allow more properties the right to have a wind turbine, and it passed with Trustee Blackhurst voting "No". 3. ORDINANCE #15-10 LIFTING WIND TURBINE MORATORIUM. No action was taken by the Board because the Board agreed to reconsider regulations for small wind turbines. 4. RESOLUTION #08-10 OPPOSING PROPOSITION 101 AND AMENDMENTS 60 & 61. Administrator Halburnt stated the local special districts meet after work hours to discuss the potential impacts on each entity and the community as a whole if the three issues are passed this November. A smaller subgroup met to discuss the process of informing the community of the impacts. Each entity has also discussed bringing forward a Resolution to their Board opposing the Proposition and Amendments to the Colorado Constitution. Finance Officer McFarland presented an overview of the effects of the issues as it relates to the Town. After further discussion, it was moved and seconded (Blackhurst/Elrod) to approve Resolution #08-10, and it passed unanimously. 5. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Ericson/Koenig) the Town Board go into Executive Session — For the purpose of discussing the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(a) and for a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions regarding Kind Coffee under C.R.S. Section 24-6- 402(4)(b), and it passed unanimously. Mayor Pinkham called a 5-minute break at 9:10 p.m. prior to entering into Executive Session. Mayor Pinkham reconvened the meeting at 10:34 p.m. from Executive Session whereupon he adjourned the meeting at 10:34/p.m. , :L-7://zz illiam _./Pinkham Jcie Williamson, Town Clerk