HomeMy WebLinkAboutMINUTES Town Board 2011-03-22Town of Estes Park, Larimer County, Colorado, March 22, 201 1
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 22nd day of March, 2011. 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
Jacquie Halburnt, Town Administrator
Town Attorney White
Cynthia Deats, Deputy Town Clerk
Absent: Deputy Town Administrator Richardson
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
Mayor Pinkham announced that due to a full meeting agenda, Ordinance #08-11 —
2009 International Building Code Adoption and Local Amendments would be continued
to the April 12, 2011 Town Board meeting. The item will be moved to be the first action
item on tonight's agenda and public comment will be taken at that time.
PROCLAMATIONS
Mayor Pinkham recognized the importance of tourism and proclaimed March 25, 2011
as Tourism Celebration Day in conjunction with a visit to Estes Park from Colorado
Tourism Director Al White.
Mayor Pinkham proclaimed April as Financial Literacy Month and encouraged
community members to participate in seminars and programs offered by the Estes
Valley Library during the month of April.
PUBLIC COMMENT.
Charley Dickey, encouraged nominations for the Estes Park Pride Awards, reminded
the public of the business alert seminar to be held on March 28`h, and asked for support
for next year's Winterfest event.
TOWN BOARD COMMENTS.
Trustee Ericson said students from Eagle Rock participated in a mock Town Board
meeting and made presentations to the Board related to educational programs in
leadership.
Mayor Pro Tem Levine reminded the public that the deadline for Estes Park Pride
Award nominations is March 31, 2011.
1. CONSENT AGENDA:
1. Town Board Minutes dated March 8, 2011, and Town Board Study Session
Minutes dated March 8, 2011.
2. Bills.
Board of Trustees — March 22, 2011 — Page 2
3. Committee Minutes:
A. Public Safety, Utilities, Public Works Committee, Cancelled.
4. Estes Valley Planning Commission Minutes dated February 15, 2011
(acknowledgement only).
It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and
it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. TOWN BOARD LIAISON UPDATES.
Trustee Miller attended a Local Market District meeting where an update to
the marketing study was presented. A presentation to the Town Board is
planned.
Trustee Koenig said five school students will be traveling on a Sister Cities
trip to Costa Rica this summer. She noted that the Rooftop Rodeo Committee
continues to prepare for this year's rodeo and is implementing a marketing
idea designed to increase attendance at the event.
Trustee Ericson reported that SOPA is finalizing details of a capital campaign
which will be presented to the Board at an upcoming meeting.
Trustee Elrod reviewed recent topics being addressed by the Estes Valley
Planning Commission (EVPC) including townhome regulations and PUDs.
Trustee Blackhurst reported that the Estes Park Housing Authority (EPHA)
has funds available for eligible parties through the workforce down payment
assistance program.
2. TOWN ADMINISTRATOR REPORT.
• Al White, Director of the Tourism Office for the State of Colorado will
be meeting with the Local Marketing District.
• Construction related to improvements to Bond Park has begun, closing
MacGregor Avenue from Elkhorn Avenue to Park Lane.
• The second session of the Governor's Economic Development Initiative
will be held on Thursday at The Ranch. Discussion will focus on
resources necessary to grow and support small businesses.
3. LIQUOR ITEMS.
1. RENEWAL APPLICATION FILED BY HESS ENTERPRISES, INC., dba
HUNTERS CHOP HOUSE, 1690 BIG THOMPSON AVENUE.
Town Clerk Williamson said that because the establishment had failed an
alcohol sales compliance check in January, the liquor license renewal for
Hunters Chophouse had been delayed until the owner could complete TIPS
training. Don Hess, owner, was present at the meeting and provided
documentation of TIPS training for himself and eight of his employees. It was
moved and seconded (Blackhurst/Elrod) to approve the renewal of the
liquor license for Hunters Chophouse and it passed unanimously, with
Mayor Pro Tem Levine recusing himself and abstaining from the vote.
2. RENEWAL APPLICATION FILED BY HIMULCHULI CORP dba NEPAL'S
CAFE.
Town Clerk Williamson reported that an employee of Nepal's Cafe served an
underage patron during an alcohol sales compliance check conducted in
Board of Trustees — March 22, 2011 — Page 3
January by the state Liquor Division with the support of the Estes Park Police
Department, resulting in a violation of liquor law. Bipin Shrestha representing
the owner, said that the violation involved a new employee and that
procedures are in place to thoroughly train new -hires. The Trustees reminded
the owner of his responsibility to uphold the liquor laws and encouraged
attendance at a training to be conducted by the state Liquor Division which is
scheduled for May 5, 2011, in the Town Board room. It was moved and
seconded (Blackhurst/Elrod) to approve the renewal of the liquor license
for Nepal's Cafe, and it passed unanimously.
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.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP
1. Lot 6, Marys Lake Replat, The Promontory at Kiowa Ridge
Condominiums, Supplemental Condominium Map #7. Request to
condominiumize Units 4 & 7, 514 & 520 Promontory Drive,
Kingswood Homes, Inc., The Promontory LLC/Applicant.
As there were no comments, the Mayor closed the public hearing and it was
moved and seconded (Levine/Miller) the Consent Agenda be approved
with staff conditions of approval, and it passed unanimously.
2. REPORT ITEMS.
A. Amendment to the Estes Valley Development Code — Amend
Section 5.2 — Accessory Uses and Accessory Structures and
Chapter 13 — Definitions to allow solar energy collectors.
The Estes Valley Development Code (EVDC) currently does not contain
provisions related to solar collectors. A staff report on an amendment to the
code that would add language permitting solar collection systems as an
allowed use in all residential and non-residential zoning districts was reviewed
by the Estes Valley Planning Commission (EVPC) and unanimously supported
by the Commission. The proposed amendment includes formulas to calculate
the allowed square footage of the units and is scheduled to be included as an
action item on the April 26, 2011, Town Board meeting agenda. Director
Chilcott estimated five to 10 permits for solar collectors are received each
year.
5. ACTION ITEMS:
1. ORDINANCE #08-11 — PUBLIC HEARING — 2009 INTERNATIONAL
BUILDING CODE ADOPTION AND LOCAL AMENDMENTS.
Mayor Pinkham opened the public hearing on the 2009 International Building
Code adoption. As there was no public comment, it was moved and
seconded (Levine/Miller) to continue the approval of Ordinance #08-11 to
the April 12, 2011, Town Board meeting, and it passed unanimously.
2. ROCKY MOUNTAIN PARK INN SERVICE AGREEMENTS.
The recent termination of a franchise agreement between the Holiday Inn and
Forever Resorts necessitates the execution of new services agreements with
the Rocky Mountain Park Inn. A new Service Agreement and a Food and
Beverage Concession Agreement were prepared to reflect changes related to
the termination of the franchise, including to remove obsolete references to
EPURA, and to adjust concession payments for 2015 and 2016 to make the
Board of Trustees — March 22, 2011 — Page 4
Town's ground lease payment and the Food and Beverage agreement revenue
neutral. Trustee Miller suggested requiring a vote of the Town Board on an
annual basis to renew the agreements. Attorney White noted that the Town
has had a relationship with Forever Resorts since 1989 and, during that
period, agreements with five-year terms had been executed. Mayor Pinkham
said the five-year term of the agreements is appropriate. Chris Cook, Regional
General Manager, said activity and operational reports will be provided to the
Board. It was moved and seconded (Levine/Koenig) to approve the 2011
Service Agreement and the 2011 Food and Beverage Concession
Agreement between the Town of Estes Park and Rocky Mountain Park
Inn, LLC for a five-year term expiring in 2016, and it passed unanimously.
Charley Dickey, Town resident, inquired about the position referenced on page
3 of the document. This is a Town position currently held by Tom Pickering
who works closely with General Manager Cook and hotel staff.
General Manager Cook reviewed the improvements that have recently been
completed at the hotel including the installation of new carpeting, window
treatments, and flat screen televisions.
3. STATEWIDE INTERNET PORTAL AUTHORITY ELIGIBLE
GOVERNMENTAL ENTITY AGREEMENT.
Subsequent to Town Board approval of funding for updates to the Town
website, staff researched options for a website that would be more user-
friendly and more manageable than the current site. Staff recommends
entering into an eligible governmental entity agreement to have the Town's
website designed and hosted, at no base cost, through the Statewide Internet
Portal Authority (SIPA). SIPA is the oversight body for the Colorado.gov portal
and hosts websites for a variety of state agencies, including the governor's
website. Utilizing SIPA's platform will provide improved access to Town
information and free up the funds approved to improve the website this year.
SIPA will host and design the website using a template that can be customized
for the Town, provide training, constant tech support, superior site security and
backup systems, and keep the Town current with best practices in
govemmental websites. Although there is no base cost for the design and
hosting of the site, administrative fees may be charged for certain services,
such as building a module to allow payments through the website or creating a
specialized module for the site. PIO Rusch stated that SIPA could begin
working with the Town in June and estimated going live with the new site by
the end of October. It was moved and seconded (Blackhurst/Miller) to
approve the eligible govemmental entity agreement between the Town of
Estes Park and the Statewide Internet Portal Authority (SIPA), and it
passed unanimously.
4. ORDINANCE #07-11 AMENDMENTS TO SIGN CODE CHAPTER 17.66 OF
THE MUNICIPAL CODE.
The Town Board approved a revised Sign Code on November 9, 2010, and at
that time directed staff to research revisions to regulations related to hold times
for electronic signs, which were considered to be too long. Staff met with
Chuck Hand, representative for YESCO Signs, studied CDOT standards, and
did additional research to establish reasonable hold and transition times for
electronic signs and electronic reader boards. Staff recommends reducing the
hold time from 20 minutes in the CO Commercial Outlying zoning district, and
24 hours in the CD Commercial Downtown zoning district to five minutes in all
commercial districts, and recommends additional discussion regarding reduced
hold times for smaller signs. In addition, the proposed amendment also
contains definitions for electronic message displays and the addition of an
alternate member for the Creative Sign Design Review Board. Dir. Chilcott
Board ofTrustees — March 22.2011—Page 5
said language to add a permitting process for non-profit organizations for signs
for special events is being drafted.
Attorney White read Ordinance 07-11 into the record. K was moved and
seconded (B|aokhunst/Levne)boapprove Ordinance O7'V1.
In response to a questioned raised by Trustee Ericson, Dir. Chilcott expressed
a concern about the size nfelectronic display message signs which could be
erected in high visibility, high traffic areas such as Moraine Avanua, Elkhorn
Avenue, and Fall River Road, noting that a 200 sq. ft. display would have a
significant visual impact. The Trustees concurred that the allowable size uf
electronic message displays and hold times for smaller signs merited further
discussion and additional input. The Board suggested reconvening the Sign
Code Tank Force to address the issue. Town Administrator Ha|burnt said it
would be appropriate for the Community Development/Community Services
Committee to make recommendations to the Board on this matter. An
amended motion was made. It was moved and seconded
(B|ookhurst/Koenig) to continue Ordinance 07'11 to a||mm/ for further
discussion, and itpassed unanimously.
Charley Dickey, Town rooidon, said public input particularly from business
owners, should be taken regarding LED signs.
5� TOWN BOARD MEETING PROCEDURES.
Guidelines that would standardize Town Board meeting procedures were
presented during recent work study sessions. The format would require a
motion to be made prior to dieouomion, thereby providing the Board and the
public with a better understanding of the issue. In nddiUon, a guide for the
public was drafted providing a guideline to the order of the meeting and
information about how the public may be involved in the meeting procedures.
The Trustees discussed adding a defined ending time for meetings and agreed
that Board meetings will end no later than 10 p.m. with the exception that an
item of business commenced before 10 p.m. could be concluded before
adjournmont, and that a majority vote of the Trustees can extend the meeting
until 11 p.m. It was moved and seconded (Lavina/Eri000n)to adopt the
Town Board meeting procedures as presented with the addition of iD
p.m. ending time m/Miuh can be extended to 11 9.m. by majority vote of
the Board, and itpassed unanimously.
O. ORDINANCE #0941HISTORIC PRESERVATION.
John Baudek, chairman of the Historic Preservation Ordinance (MPO)
Committee provided the Bound with the Committee's final report which included
changes implemented in response to comments and suggestions made at the
February 8, 2011. Town Board meeting. Significant changes to the HPO
included aune+step application pmm»an; historic district designation requires
approval from 100% of the homeowners in the proposed district; increasing the
term of office for Commission nffioero to two years; results of the
reconnaissance survey will not be pub|iahed, and requirements in Section 12
related to demolition or relocation will apply only to properties identified on the
reconnaissance survey. Mr. Baudok said adoption of the HP[} would be a
positive way to foster civic pride in our community and that the HPO aligns with
the Town Board's guiding principle to preserve the unique character and
history of Estes Park. Ron Nurrio, co-chair of the HPO, who was unable to
attend the me^ting, had a statement read into the record supporting the
passage ofthe ordinance and its benefits tnthe community. |naddition letters
of support from Jim Lindberg, Director of Preservation |niUaUvoo. National
Trust for Historic Preservation, and Colorado State Senator Brandon Shaffer
were read.
Board of Trustees — March 22, 2011 — Page 6
Attorney White read Ordinance #09-11 into the record. It was moved and
seconded (Levine/Ericson) to adopt Ordinance #09-11 Historic
Preservation. Discussion ensued on the following topics: obtaining tax
benefits offered by the state and federal government may be more difficult
without local historic designation and Certified Local Government (CLG)
status; reconnaissance survey not published but available through Colorado
Open Records Act (CORA); include copy of ordinance with application;
clarification of a contributing building site and contributing property; 100% of
property owners must request inclusion in historic district; confirmation that
participation is voluntary; some definitions are unclear and subject to
interpretation by members of commission; and historic designation will follow
property, as it will be recorded on the property title.
Brian Brown, Sharry White, Marty Casey, Jim Pickering, Sandy Osterman, and
Sandy Lindquist, spoke in support of the ordinance. Comments included the
ordinance will give us a fighting chance to preserve some of the history we
have left; adopt the ordinance on the basis of fact and benefits to the
community; pride of ownership and better education about history of the area;
need to protect and revitalize growth and property values; the ordinance will
preserve the savable, recognition and memory, and nurture community identity
and pride; civic duty to protect and preserve history; voluntary participation in
HPO should represent government's ability to be helpful to private property
owners to take advantage of potential benefits by empowering rather than
encumbering; and the HPO will aid property owners to preserve their historical
structures as part of the character of Estes Park.
Connie Phipps, John Phipps, Nick Kane, George Crislip, Desmond Hadlum,
Bob Cheney, Mira Steinbacher, Gus Lee, John Meissner, Diane Lee, Paul
Brown, and Annie Kidwell spoke in opposition to the ordinance. Their
comments are summarized: not opposed to historic preservation but ordinance
is not desired or necessary; 150 signatures on petitions in opposition; don't
need additional layer of government; community is divided over ordinance; this
is a weak, bad proposal; ordinance is over -reaching; creates a cloud on
property title that is difficult to remove; questioned the ability to modify historic
property to accommodate persons needing special care; will create privacy
and trespass issues; promote museums, not residential neighborhoods; the
commission will have too much power; invasive elements in residential
neighborhoods; leave neighborhoods out of historic districts; protect
neighborhoods from heritage tourism; opt -in concept is misleading; and don't
need any more rules and laws.
Cory Blackman, Local Marketing District (LMD) Chair, said that heritage
tourism is not a top priority for the LMD and clarified that the LMD Board
endorsed the concept of historic preservation at their February 1st meeting, but
did not endorse the ordinance itself, due to a lack of information at that time.
Co -Chair Baudek addressed concerns related to modifications of properties
and stated that the HPO pertains only to a structure's exterior.
Trustee Miller said opposition to the HPO seems to be based on
misconceptions and thanked the public for entering into a well-balanced
debate. He added that he is aware of personal allegations made by opponents
of the ordinance involving certain trustees and committee members regarding
ulterior motives for supporting the ordinance which he said demeans the
process, are uncalled for, and should not be part of the debate.
Trustee Koenig thanked the HPO Committee for addressing her concerns and
stated that she cannot support the requirement of obtaining CLG status.
Board of Trustees — March 22, 2011 — Page 7
Mayor Pro Tem Levine and Trustee Ericson said they support the ordinance
due to its voluntary participation aspect and ability to preserve Estes Park's
historic character, now and in the future. Trustee Elrod voiced support for the
ordinance as drafted.
Trustee Blackhurst called the ordinance overreaching and said CLG status
does not allow an opt -out provision. He said he cannot support the ordinance
as written due to flaws in the document and the uncertainty it will bring to our
community.
Mayor Pinkham noted that, in retrospect, the ordinance may have been better
crafted had some of the property owners from affected neighborhoods been
included on the committee, and voiced concern about serving those property
owners.
Mayor Pinkham recognized the motion and second to approve Ordinance
#09-11 and called for a vote, and the motion passed. Those voting "Yes"
Trustees Elrod, Ericson, Miller, and Mayor Pro Tem Levine. Those voting "No"
Trustees Blackhurst and Koenig.
Whereupon Mayor Pinkham adjourned the meeting at 11:43 p.m.
i/7
William C. Pinkham, Mayor
Cynthia Deats, Deputy Town Clerk