HomeMy WebLinkAboutMINUTES Town Board 2010-06-22Town of Estes Park, Larimer County, Colorado, June 22, 2010
Minutes of a Regular meeting of the Board of Trustees of the Town of
Estes Park, Larirner County, Colorado. Meeting held in the Town Hall in
said Town of Estes Park unthe 22"«day ofJune, 2010. Meeting called
toorder byMayor Pinkharn.
Present:
Also Present:
VViUienn C. Pinkhenn' Mayor
Chuck Levine, Mayor Pro Tenn
Trustees Eric B|uokhurat
Mark Elrod
John Ericson
Wendy Koenig
Jerry Miller
Jecquie Ho|burnt'Town Administrator
LovvoU Richardson, Deputy Town Administrator
Town Attorney White
Cynthia Dnotu' Deputy Town Clerk
Absent: None
Mayor Hnkham called the meeting to order at 7:00 p.m. and all desiring to do no.
recited the Pledge of Allegiance.
PROCLAMATION —SALU04Or ANNIVERSARY.
Mayor Pinkharn read a proclamation designating June 25, 2010, as the day to celebrate
Salud's commitment and contHbutions to the Estes Valley.
PROCLAMATION —ROOFTOP RODEO WEEK.
Muyorpinkhano read u proclamation designating July 0. 2010. through July 11. 2010.
uoRooftop Rodeo Week inEstes Park. The new grandstands atthe fairgrounds will be
utilized for the event. A parade, golf tournament, mutton busting, calf mtohing, and
special recognition nights are planned. K4oyur Pinkham congratulated Rodeo
Committee members ontheir accomplishments during 2OU0.
PUBLIC COMMENT.
David Habaokar, Town reuidan, commented on nanerd "acts ofGod" that have made
the news, questioning the merit ofprayer.
Charley Dickey, Town resident, spoke in favor of getting public input related to projects
being considered by the Town. He suggested using the Estes Valley Partners for
Commerce and the Local Marketing District to help gat input from the business
oommunhy, and offered to assist with compiling and distributing aaunmyiquestionnains
to residents.
TOWN BOARD COMMENTS.
Trustee Ericson reported that LahmorCounty experienced an increase in sales tax for
the 1~` quarter of2010. and complimented staff for enhancements made to financial
reports.
Mayor Pro Tern Levine reminded the public of the regular Community Development /
Community Services Committee meeting to baheld onThursday, Juno24. 2010. at
O:00a.m.inthe Town Board room.
Board of Trustees — June 22, 2010 — Page 2
Mayor Pinkham stated the investigation into the death of a young woman on June 17th
is ongoing with no additional information to report at this time. He thanked Mayor Pro
Tem Levine and staff for filling in while he was out of town traveling in Costa Rica,
stating that the trip was a learning experience that provided an opportunity to gather
information about Costa Rica's long-term commitment to the environment,
environmental sustainability, eco-tourism and environmental tourism; and to share
ideas.
Mayor Pinkham noted a change to the agenda moving Action Item #1 before Planning
Commission items, and encouraged those wishing to comment on the Medical
Marijuana agenda item to place their names on the sign -in sheet.
1. CONSENT AGENDA:
1. Town Board Minutes dated June 8, 2010 and Town Board Study Session
Minutes dated June 8, 2010.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities and Public Works, June 10, 2010:
1. Utilities:
a. Fish Creek Circuit Upgrade, Selcon Utilities - $483,434.80
Budgeted.
2. Public Works:
a. Pothole Patcher, MacDonald Equipment Co. - $34,097
Budgeted.
4. Estes Valley Planning Commission Minutes May 18, 2010 (acknowledgement
only).
It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and
it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. GRANDSTAND PROJECT UPDATE.
Deputy Town Administrator Richardson reported that the grandstands project
budget was 93% expended as of June 2, 2010, and in week 34 of a 34-week
project. He said that a Temporary Certificate of Occupancy (TCO) was
obtained prior to the Wool Market and that work continues on wood siding
installation (a change from the original metal siding) and punch list items. A
retainage amount of $87,682 will be held until all punch list items are
completed. The Trustees commended staff for their efforts on the grandstands
project.
2. TRANSFER OF ESTES PARK URBAN RENEWAL AUTHORITY (EPURA)
ASSETS.
In preparation for the abolishment of EPURA, Town Atty. White and EPURA
Atty. Benedetti recommended that EPURA pass a resolution to transfer all
obligations, contracts, properties and revenue to the Town of Estes Park;
execute a Special Warranty Deed to assign all real property to the Town; and
assign the grandstand facility and contracts to the Town. At their meeting on
June 16`h, the Commissioners approved Resolution #395 to accomplish the
first two objectives. The third will be addressed at the regular EPURA meeting
scheduled for July 21, 2010. No additional action is required by the Town
Board, as by adopting Ordinance #04-10 in January, the Board agreed to
Board of Trustees — June 22, 2010 — Page 3
accept EPURA's remaining obligations. The Board requested a report
providing a final accounting of EPURA's finances.
3. BOARD LIAISON UPDATES.
• Trustee Koenig invited the public to attend the Rooftop Rodeo and
related activities. She noted that the Sister Cities organization will be
hosting an Open House on July 19th at the Community Church of the
Rockies for the Venture Scout Group from Costa Rica.
• Trustee Elrod reported on the June 15th Estes Valley Planning
Commission (EVPC) meeting and reminded the public that the EVPC
meets on the third Tuesday of each month with the next regular meeting
scheduled for July 20th at 1:30 p.m. in the Town Board room.
4. TOWN ADMINISTRATOR REPORT.
• Prospect Avenue Project — Delayed due to the necessity to relocate a
gas main. A completion date of July 16th is expected.
• Free Shuttles — The shuttles, operating on three routes, will begin on
Saturday, June 26th and will run through August 29th, and on Labor Day
and Scottish Festival weekends.
LIQUOR ITEMS.
1. LIQUOR LICENSING: TRANSFER OF OWNERSHIP — FROM EVEREST
FOOD STORE LLC dba EAST SIDE EVEREST FOOD STORE TO REBECCA
INC. dba FAMOUS EASTSIDE FOOD STORE, 381 S. ST. VRAIN AVENUE,
3.2% BEER OFF -PREMISE LIQUOR LICENSE.
The Clerk's office received a request for the transfer of the 3.2% Beer Off -
Premise liquor license from Everest Food Store LLC to Rebecca, Inc., dba
Famous Eastside Food Store. The applicant has completed all required
paperwork and submitted the appropriate fees. Soontak Kim, representing
Rebecca, Inc., attended the meeting and stated that TIPS training is being
scheduled for food store employees. The Trustees informed Mr. Kim that
holding a liquor license is a serious responsibility and that he and his
employees are obligated to uphold the liquor laws of the State of Colorado. It
was moved and seconded (Blackhurst/Miller) to approve the transfer of the
3.2% Beer Off -Premise liquor license to Rebecca, Inc., and it passed
unanimously.
4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
Mayor Pinkham: Open the Public Hearing for all Consent Agenda Items. If
the Applicant, Public or Town Board wish to speak to any of these consent items,
they will be moved to the "Action Item" Section.
1. CONSENT ITEMS:
* A. AMENDED SUBDIVISION PLAT
1. Amended Plat, Portions of Lots 1 & 2, Block 2, 2nd Amended Plat,
Town of Estes Park, 167 E. Elkhorn Avenue; 167 East Elkhorn,
LLC/Applicant. Applicant requests the item be continued to July
27, 2010.
The Board approved the continuance to the July 27, 2010, Town Board meeting.
2. ACTION ITEMS:
A. ORDINANCE #13-10, Small Wind Turbine Amendments to the Estes
Valley Development Code — Public Hearing. Mayor Pinkham opened
the public hearing. Planner Shirk provided background related to
the proposed regulations pertaining to Small Wind Energy
Board of Trustees — June 22, 2010 — Page 4
Conversion Systems. The first reading was heard at the February
23, 2010, Town Board meeting at which time the Trustees remanded
the item back to the Estes Valley Planning Commission (EVPC) to
address setbacks, include a provision for a public review process,
and to separate micro wind and small wind systems. A moratorium
on the issuance of building permits for the installation of any wind
turbine was adopted in 2009, and is in effect until August 31, 2010,
to provide the Board an opportunity to review public input and
consider regulations addressing negative impacts related to the
location and operation of wind turbines in Town limits. Staff
presented an amendment to the Estes Valley Development Code
(EVDC) to allow and regulate small wind turbines. The EVPC
recommended changes to staffs draft which include the removal of
text related to a public review process; an increase to the minimum
setback from two-times tower height to three -times tower height; and
a reduction in maximum size from 125 square feet to 85 square feet.
The reduction in size and the increase in setbacks was proposed to
address the visual impact of the turbines. The proposed
amendments are lacking a review process to consider impact to
views and contain minimal safety standards. Trustee Miller said the
EVPC ignored the intent of the Town Board's motion on February
23rd and has put the Board in a position to approve an amendment
that does not contain the criteria requested.
PUBLIC COMMENT.
Paul Brown, Town resident, spoke in favor of allowing small wind
turbines; stated the proposed amendments related to setbacks would
deny most residents the opportunity to have a wind system that
would tie to the grid; said the proposed amendments create
exclusionary zoning; and voiced opposition to a conditional use
permit (CUP).
Bob Clements, spoke in favor of wind turbines; does not consider the
proposed amendment a good solution; recommended adopting
setbacks consistent with Larimer County requirements; and supports
a special review process over a conditional use permit.
Jim Tawney, Town resident, opposed passing the code amendments
suggesting this is a complex issue capable of regulating itself.
Mayor Pinkham closed the public hearing. Board comments are
summarized: heard no compelling argument for the regulation of
wind turbines; ordinances already exist to control noise and
setbacks; EVPC did not come back with requested revisions; let
existing ordinances regulate wind turbines; the EVPC did their job
and listened to and considered public comment; no regulation will
please everyone; planning department and EVPC have worked
diligently on this; support regulating with codes currently in place;
and cannot support this type of exclusionary zoning, or the absence
of a review process. Mayor Pinkham noted the Board could choose
to send the amendments back to the Planning Commission for
further revisions, or adopt the amendments with staffs code
language.
Atty. White read Ordinance #13-10 into the record. It was moved
and seconded (Elrod/Levine) to approve Ordinance #13-10
adopting the Small Wind Turbine Amendments to the Estes
Valley Development Code, and the motion failed. Those voting
Board of Trustees — June 22, 2010 — Page 5
"Yes" Trustees Elrod, Ericson, and Mayor Pro Tem Levine. Those
voting "No" Trustees Blackhurst, Koenig, Miller, and Mayor Pinkham.
The Mayor commended staff and the EVPC for their time and effort
and said various provisions already in place should address the
regulation of wind turbines. An ordinance to lift the moratorium on
wind turbines will be considered at the next Town Board meeting.
B. Accommodation Zoning District Amendments to the Estes Valley
Development Code to Allow Townhomes — First Reading/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. Currently, townhome subdivisions are allowed
only in the RM Multi -Family Residential district. The revision would
provide flexibility to regulations related to townhome subdivisions
and addresses discussions related to the financing of condos vs.
townhomes. The Estes Valley Planning Commission (EVPC)
unanimously recommended approval of the proposed amendment.
As there was no public comment, it was moved and seconded
(Miller/Koenig) the public hearing be continued to July 27, 2010,
and it passed unanimously.
C. Development Plan Expiration Amendments to the Estes Valley
Development Code — First Reading/Public Hearing.
Planner Shirk stated that the proposed amendment would provide for
the expiration of development plan approvals three years after the
date of plan approval if no construction activity has occurred. Pulling
a building permit automatically extends the life of the development
plan as long as progress is being made; and extensions can be
requested through the Community Development Department
provided there are no changes to the development plan. The
expiration would pertain to development plans that are never
initiated or sit dormant, and would be retroactive to existing plans
with approximately 20 plans being affected. If the amendment is
approved, staff will notify the developers of the expiration regulation.
As there was no public comment, it was moved and seconded
(Ericson/Elrod) the public hearing be continued to July 27, 2010,
and it passed unanimously.
5. ACTION ITEMS:
1. 2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR).
Finance Officer McFarland reviewed the process for compiling the annual
financial report for the Town of Estes Park, EPURA, and the Local Marketing
District (LMD), which was prepared jointly by Finance Department staff and the
independent auditing firm, Swanhorst & Company, LLC. The audit resulted in
an unqualified, or clean, opinion from the auditors that the financial statements
fairly represent the financial position of the funds and activities of the Town of
Estes Park. The CAFR includes a Single Audit which is required when Federal
grant funds in excess of $500,000 are received in one fiscal period. The
completed annual report is due to the Government Finance Officers
Association (GFOA) by June 30th and the State of Colorado by July 31st. Kyle
Logan, Project Manager for Swanhorst & Company, noted that the Letter to
Management that was prepared by Swanhorst recommends implementing
procedures for internal controls related to the tracking of grant funds, and
controls for the approval of credit card purchases. He said that the Town
needs to be aware of new accounting standards effective in 2011 related to the
use of special revenue funds and the budgetary and reporting implications of
Board ofTrustees - June 22.201U-Page 6
these changes. When asked why the LN0was included inthe Q��Mr.
Logan said that by accounting standards, the Town influences the financial
activity of the LMDby virtue of appointing umajority of its board members. It
was moved and seconded (Ehonon/Blaokhunst)toapprove acceptance of
the audit m*pu/t and the Comprehensive Annual Financial Report for the
year ended December 3Y.2D09.and itpassed unanimously.
2. ORDINANCE #14'10 - EXTEND TEMPORARY MORATORIUM FOR
MEDICAL MARIJUANA CENTERS.
Ondinanoa#1O'00 establishing u moratorium on the issuance of business
|ioenoe, building pennb, or any other approval related to medical marijuana
faci|iUeo, previously passed bythe Town Board, expires on June24. 2010.
/N1y. White stated that Ordinance #14-10will extend the moratorium until Juno
30, 2011, providing time for the Town Board to receive public input related to
the medical marijuana inoua. examine options available k/ |onu| municipalities
related to the recent enactment of HB 1284, and evaluate the State's
regulatory system. The Ordinance will take effect immediately upon its
approval.
PUBLIC COMMENT.
Charley Oiokoy, Town resident, supported the k1eu of soliciting more public
comment on this issue, and noted the possible negative impact associated with
medical marijuana facilities.
/#ty. White read Ordinance #14-10 into the record. It was moved and
seconded (B|aokhurnt/MiUer) to adopt Ordinance #14-10 extending a
moratorium on the issuance of business licenses, building permits and
other approvals related to establishing and/or operating medical
marijuana facilities inthe Town of Estes Park until June 28.2811, and it
passed unanimously. The Ordinance shall take effect and be enforced
Afty. White noted that LahmerCnunty has a moratorium in effect until Judy7.
2010. for the Estes Valley planning area. The Town Board asked Town
Administrator Halburnt to advise the County Commissioners of the extension of
the Tovwn'a moratuhum, and request that the Commissioners consider a similar
extension of the moratorium in the unincorporated Estes Valley.
3\ SHUTTLE BUS CONTRACT WITH MCOONALQTRANSIST.
Deputy Town Administrator Richardson presented o contract with McDonald
Transit for the operation of the free shuttle system for the summer season.
Transportation along three routes will begin onJune 20. 2810. and continue
until August 2Q.2O1O. The shuffles will also operate onSeptember 4.6.and 8.
2010. Labor Day weekend. The base contract of $121.370.20 does not
include fees for additional fuel usage uradditional hours over and above the
base contract. Fuel usage inexcess ofthe base contract will bmoutlined onan
individual receipt for reimbursement. The contract has been reviewed by/fty.
White and signed bythe president ufMcDonald Transit. $171.855iobudgeted
inthe transportation account 101-50O0'458-22-80for 2O10shuttle services.
PUBLIC COMMENT.
Charley Dickey, Town resident, asked about the availability of advertising
racks for merchant advertising. Deputy Town Administrator said the racks may
be an option next your, but would require a different type of bus than
contracted for in
2010.
Board ofTrustees — June 23.2Oi0—Page 7
It was moved and seconded (B|aokhurst8-evnn) to approve the contract
between the Town of Estes Park and McDonald Transit Associates, Inc.,
in the amount mf$121.3T0.70 plus fees for additional fuel and hours of
mmn/icw if any, as presented from account #101'5000'456'22'00. and it
passed unanimously. Extension ofthe term ofthe contract through September
2012issubject toappropriations.
Whereupon Mayor Pinkham adjourned the meeting at 10:10 p.m.
\William C. PiniZkam,
Mayor