HomeMy WebLinkAboutMINUTES Town Board 2011-09-27Town of Estes Park, Larimer County, Colorado, September 27, 2011
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 27th day of September, 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
Lowell Richardson, Deputy Town Administrator
Cynthia Deats, Deputy Town Clerk
Absent: Town Attorney White
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PRESENTATION RECOGNIZING COMMUNITY MEMBER ROSE.
Mayor Pinkham read a Resolution of Respect honoring Chelsi Rose. Ms. Rose, who is
a senior at Estes Park High School, was recently crowned Miss Colorado High School
America 2011. A banner honoring Ms. Rose will be displayed at various times during
the year at the banner location at the intersection of Highways 34 and 36.
PRESENTATION ESTES PARK'S SISTER CITY MONTE VERDE, COSTA RICA.
Students visiting Estes Park from Sister City, Monte Verde, Costa Rica were introduced
to the Board. The students said they were enjoying their visit to Estes Park, and
presented a slideshow about Costa Rica.
INTRODUCTION OF FIRE MARSHAL TIM SPEARS.
Chief Dorman introduced Fire Marshal Tim Spears who was recently hired by the Estes
Valley Fire Protection District. Fire Marshal Spears' duties will include interpreting and
enforcing the Fire Code, property inspections, and plan reviews. Formerly a resident of
Iowa, Fire Marshal Spears has relocated to Estes Park with his wife and two children.
PUBLIC COMMENT.
Greg Sievers, Town resident, read a statement expressing dissatisfaction with the
current administration and urged the Board to conduct an out-of-state hiring search for
a replacement.
Charley Dickey, Town resident, commended staff for their efforts promoting Elk Fest
which will be held in Bond Park this coming weekend, and the Surprise Sidewalk Sale
scheduled for October 8th and 9th
Board of Trustees — September 27, 2011 — Page 2
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Blackhurst congratulated the Rooftop Rodeo Committee and the Fairgrounds
staff, noting that their efforts have produced a world class facility which is a testimony
to the depth and breadth of their expertise.
Trustee Elrod noted that the triangle meeting between the Town Board, Larimer County
Commissioners, and Estes Valley Planning Commission (EVPC) has been rescheduled
for Tuesday, November 15, 2011, and invited public participation. He said the EVPC
continues to work on a problem statement related to accessory dwelling units (ADU).
Trustee Ericson noted that the community survey is complete and had a 54% return
rate. Results will be presented by PIO Rusch at the October 11th Town Board meeting.
The Transportation Visioning Committee (TVC) conducted public sessions last week.
Input received will be incorporated into the final report which will be prepared and
presented to the Board within the next six to eight weeks.
Trustee Koenig said the Rooftop Rodeo has been re -categorized and is now
considered a medium-sized rodeo; said that the Rodeo placed in the top five rodeos in
this category; and thanked the Rooftop Rodeo Committee and the community for their
contributions to the Rodeo.
Trustee Miller said that the turnout for the TVC public sessions exceeded expectations
and that the community's enthusiastic participation was appreciated. He reported that
the public relations value of Local Marketing District (LMD) promotions approaches
$400,000 worth of publicity when compared to the rate that would be spent on
comparable advertising and news stories featuring Estes Park.
Mayor Pinkham said the Board welcomes comments and suggestions on ways to better
serve the community but does not welcome personal attacks or attempts to embarrass
staff in public.
TOWN ADMINISTRATOR REPORT.
• Electronics will be accepted for recycling on Saturday, October 8, 2011, from
9:00 a.m. till 1:00 p.m., at the Transportation Hub Park and Ride. The recycling
event is being held in conjunction with the Rotary Club Shred-a-thon.
• 2012 Budget Study Sessions will be held on October 7th, October 14th, and
October 21st, at 8:00 a.m. in the Town Board Room. The public is invited to
attend and learn how Town government works and how the budget is set.
• The Annual Triangle meeting of the Town Board, EVPC, and Larimer County
Commissioners will be held in the Town Board Room on November 15, 2011, at
2:00 p.m.
1. CONSENT AGENDA:
1. Town Board Minutes dated September 13, 2011, Town Board Study Session
Minutes dated September 13, 2011.
2. Bills.
3. Committee Minutes:
a. Community Development / Community Services Committee, September
22, 2011.
4. Estes Valley Planning Commission Minutes dated August 16, 2011
(acknowledgement only).
Board of Trustees — September 27, 2011 — Page 3
5. Estes Valley Board of Adjustment Minutes dated June 7, 2011
(acknowledgement only).
It was moved and seconded (Levine/Blackhurst) the Consent Agenda be approved,
and it passed unanimously.
2. LIQUOR ITEMS:
1. RENEWAL APPLICATION FILED BY SAFEWAY STORES 46, INC. dba
SAFEWAY FUEL #920, 621 BIG THOMPSON AVENUE.
A violation of the State Liquor Code occurred at the Safeway Fueling Station
during a Liquor Enforcement Division compliance check conducted on January 22,
2011. Attorney Steve Lee, Store Manager Jared Andrew, and District Manager
Jay Gomez, all representatives of Safeway, discussed the renewal of the 3.2% off -
premise liquor license, reported that all employees have completed TIPS training,
and answered questions raised by the Board. The Trustees expressed
disappointment that a violation had occurred within months of the license being
issued; requested that Safeway take a look at their procedures for carding
customers; and reminded the managers that the Town depends on the licensee
and their employees to be the first arm of enforcement for the state's liquor laws.
Trustees Koenig and Elrod expressed dissatisfaction with the $200 fine imposed
on Safeway by the Liquor Enforcement Division, saying for a large company like
Safeway, $200 is not much of a penalty nor is it a deterrent.
The licensee assured the Board that Safeway understands the seriousness of the
violation and the responsibility placed upon the licensee and its employees; noted
that carding of customers is strictly enforced; that Safeway responded promptly in
addressing the violation with TIPS training for employees; and noted that the
employee who failed the compliance check is no longer employed by Safeway.
Johanna Darden, Town resident, thanked the Board for speaking to the licensee
about the responsibilities related to the liquor license, and said a second violation
should result in revocation of the license.
It was moved and seconded (Blackhurst/Miller) to approve the renewal of the
3.2% off -premise liquor license for the Safeway Fueling Station, and it
passed. Those voting "Yes" Mayor Pro Tem Levine, Trustees Blackhurst, Ericson,
and Miller. Those voting "No" Trustees Elrod and Koenig.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. Amend the Amended Condominium Map, East Riverwalk Center
Condominiums, Unit B, Building 1, Scott Carter/Applicant.
B. Supplemental Condominium Map Units 610 & 612, Park River West
Condominiums, Phase XXV, Richard Wille/Applicant.
Trustee Blackhurst requested that Item 1.A. be removed from the consent agenda.
It was moved and seconded (Levine/Koenig) to approve consent agenda Item
1.B., Supplemental Condominium Map Units 610 & 612, Park River West
Condominiums, Phase XXV, and it passed unanimously.
Trustee Blackhurst noted that the applicant for item 1.A., Scott Carter, is not the
owner of the East Riverwalk Center Condominiums, Unit B, Building 1, questioning
Board of Trustees — September 27, 2011 — Page 4
his ability to apply for an amended condominium map, and asked for information
related to the recommended conditions of approval. Dir. Chilcott said staff is
recommending approval conditional to obtaining the required Attorney Certificate
confirming the necessary approvals are obtained prior to the document being
recorded. She added that staff will obtain the owners' signature on the
application.
It was moved and seconded (Blackhurst/Koenig) to approve consent agenda
item 1.A., Amended Condominium Map, East Riverwalk Center
Condominiums, Unit B, Building 1, and it passed unanimously.
2. REPORT ITEMS:
A. ORDINANCE #19-11, Amendments to the Estes Valley Development
Code (EVDC) — Amending Sections of the EVDC to address the
Religious Land Use & Institutionalized Persons Act (RLUIPA).
Staff is recommending amendments to the Estes Valley Development
Code to comply with provisions of the federal Religious Land Use &
Institutionalized Persons Act (RLUIPA) which was passed in 2000. The
amendments will provide clearer development standards consistent with
the purpose and character of zoning districts, and allow schools and
religious assemblies as a use -by -right in the CO and A zoning districts,
and by special review in the R-2 and RM districts. Deputy Town
Administrator Richardson read Ordinance #19-11 into the record. It was
moved and seconded (Blackhurst/Elrod) to approve ordinance #19-11,
and it passed unanimously.
B. ORDINANCE #20-11, Rezoning from CO — Commercial -Outlying to A-
1 —Accommodations, Lot 1, Witt Subdivision, 900 W. Elkhorn Avenue,
Robert Fixter/Applicant.
The rezoning of the property at 900 W. Elkhorn Avenue is necessary to
accommodate the owner's desire to convert the existing residence to a
small hotel, which is permitted in A-1 zoning districts. The rezoning will
trigger compliance with applicable development code requirements and
may include sprinkling of the building. The Estes Valley Planning
Commission (EVPC) recommended approval conditional on a Change of
Use Permit to be obtained from the Division of Building Safety that may
require additional site work and include, but may not be limited to, EVDC
parking requirements. Dir. Chilcott said that staff mailed out
neighborhood notifications related to the rezoning request and that no
opposition to the rezoning was filed. Deputy Town Administrator
Richardson read Ordinance #20-11 into the record. Mayor Pro Tem
Levine voiced concern about rezoning a commercial property. Trustee
Miller noted that the property is an isolated commercial property and said
that rezoning will bring it into compliance with the area. It was moved
and seconded (Levine/Blackhurst) to approve Ordinance #20-11, and it
passed unanimously.
4. ACTION ITEMS:
1. BOND PARK / MacGREGOR AVENUE CHANGE ORDER.
At the September 13`" Town Board meeting, staff was directed to implement
Option #1 to proceed with repairs to MacGregor Avenue, and to bring the
scope of work and the cost to the Board for final approval. Option #1 involves
the following: removal of sand and pavers; removal of base course; removal of
all unstable subgrade material; replacement of subgrade with 18 inches of
Board of Trustees — September 27, 2011 — Page 5
crushed, recycled concrete, and 12 inches of fairgrounds material and
geotextile material; installation of 12 inches of base course material; and the
reinstallation of sand and pavers. RG and Associates has submitted a design
recommendation for the reconstruction of MacGregor Avenue with costs for
design of $13,222, and construction by Cornerstone Construction Concepts
including contingency of $199,834 resulting in a change order totaling
$215,056 to repair the road and complete the project.
Trustee Koenig stated it is unacceptable to include profit in costs to repair a
job that may not have met original design specs.
Trustee Miller said he is not comfortable approving a change order to the
existing contract as a means for providing payment for correcting the work. He
said he does not want to move forward without Attorney White present to
answer legal questions; is unhappy with the offered settlement and profit being
charged; and questioned the timing of the project noting that downtown
businesses would experience less disruption if the repairs are done after the
first of the year.
Trustee Ericson said this is not a repair but rather a correction of inadequate
work that was performed, and is subject to a agreeing to the responsibilities of
the parties involved. He said he cannot support using Community
Reinvestment Fund monies to pay for the work when there are other ways this
money could better benefit the community.
Trustee Elrod questioned having the same parties involved in correcting a
problem that they may have been involved in creating, and said approval
should not move forward until additional legal information can be obtained from
Attorney White.
Trustee Blackhurst concurred that additional counsel from Attorney White is
necessary before moving forward. He said MacGregor Avenue needs to be
fixed, and questioned increases to the cost of the repairs.
Ron Norris, Town resident, said if taxpayer monies will be used to repair
MacGregor Avenue then residents deserve an explanation as to what will be
done to prevent the problems from reoccurring, and an explanation related to
financial responsibility as well.
Johanna Darden, Town resident, presented photos of cracked pavers on
MacGregor and said stronger, new pavers may be required. She voiced
opposition to the utilization of Open Space Funds for improvements to Bond
Park.
Jim Tawney, Town resident, said it should be made public who is paying for
the road repairs. He said contractors have insurance and that the Town
should not be paying for any repairs to MacGregor Avenue.
Charley Dickey, Town resident, applauded the Board for tabling the topic at
this time. He said he looks forward to more research being done, and said the
Town should not pay for any repairs as that would be accepting blame in some
form.
Mayor Pinkham stated that there were no agreements made in executive
session held September 13, 2011.
It was moved and seconded (Blackhurst/Miller) to table the discussion of
the Bond Park / MacGregor Avenue Change Order until Attorney White is
Board of Trustees — September 27, 2011 — Page 6
available, preferably the first board meeting in October which is
scheduled for October 11, 2011, and it passed unanimously.
2. RESOLUTION #11-11 SURPRISE SIDEWALK SALE OCTOBER 8TH AND 9TH
The approval of Resolution #11-11 would grant a variance allowing downtown
merchants to sell merchandise on the sidewalks in front their storefronts during
the Surprise Sidewalk Sale which is scheduled for October 8 — October 9,
2011. Merchants not located on Elkhorn Avenue may reserve space in Bond
Park for the sale by contacting Special Event staff. In addition, staff will advise
all participants of the sale regulations and police department staff will provide
enforcement during the sale. Trustee Blackhurst requested that the item be
brought forward in August to provide merchants more time to plan for this
event. It was moved and seconded (Blackhurst/Ericson) to approve
Resolution #11-11, and it passed unanimously.
3. LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) METERED FUEL
VENDOR AGREEMENT.
The Light & Power Department provides financial assistance to low income
customers for winter heating bills through the Colorado Low -Income Energy
Assistance Program (LEAP). In order to continue to do so, the Town must
execute a new agreement with the Colorado Department of Human Services,
which supervises the LEAP program. Dir. Bergsten noted that applications for
the program are made available at the finance information window in Town
Hall, at Salud and Crossroads Ministry, and said that Larimer County is
responsible for verifying that applicants qualify for the program. It was moved
and seconded (Ericson/Blackhurst) to approve the LEAP vendor
agreement, and it passed unanimously.
Whereupon Mayor Pinkham adjourned the meeting at :47 p.m.
,,/ r /
William C. hinkham, Mayor
CynlFya Deats, Deputy Town Clerk