TOWN OF DE BEQUE
BOARD OF TRUSTEES
REGULARY MEETING
FEBRUARY 26, 2018
The Board of Trustees of the Town of De Beque held their Regular Meeting on Monday, February 26, 2018 at 6:00 p.m. in the Community Center, 381 Minter Avenue, De Beque, Colorado. Present were the following:
Mayor: Forest Matis
Trustees: Patrick ColeDave JacksonSummer Black-Greening
Judy Lake Stephani Rose
Absent: Shanelle Hansen
Staff Present: Lance StewartHaley CarmerBob Dalley
Isaac InskeepShirley Nichols
Also Present: See Attached
I. CALL TO ORDER & PLEDGE OF ALLEGIANCE
Mayor Matis opened the meeting at 6:09 p.m. with the Pledge of Allegiance.
II. ROLL CALL:
Roll call indicated a quorum present.
III. ADDITIONS, DELETIONS OR CORRECTIONS TO THE AGENDA:
Trustee Cole asked to add discussion of the Schlumberger property to old business. Mr. Stewart wished to add discussion of the Marshal’s policies also.
IV. CONSENT AGENDA:
1. MINUTES: Regular Meeting, January 15, 2018
Motion: Trustee Lake
To approve the minutes of the January 15, 2018 meeting
Second: Trustee Cole
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BOARD OF TRUSTEES
REGULAR MEETING
FEBRUARY 26, 2018
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Voice Vote: Trustee Rose abstained as she was absent. Remaining Trustees voted, yes.
2. BILLS AND EXPENDITURES: January, 2018
Motion: Trustee Rose
To approve the bills for January, 2018
Second: Trustee Cole
Voice Vote: Unanimously in favor of the motion
3. RENEWAL OF LIQUOR LICENSE FOR DE BEQUE LIQUORS:
It was determined that there had been no problems or violations
Motion: Trustee Jackson
To approve the renewal
Second: Trustee Rose
Voice Vote: Unanimously in favor of the motion
4. APPROVAL OF LOT CONSOLIDATION AT 533 AND 509 GREIG STREET:
Motion: Trustee Rose
To approve the lot consolidation
Second: Trustee Lake
Voice Vote: Unanimously in favor of the motion
V. ITEMS FOR PERSONS PRESENT-NOT ON THE AGENDA:
Suzie Kuhn asked to speak to the Board regarding signage. It is her opinion that both Randy and Shanelle should have pole signs. Both need to advertise.
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BOARD OF TRUSTEES
REGULAR MEETING
FEBRUARY 26, 2018
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Mayor Matis stated that the downtown portion of the sign code was not open for discussion tonight. They are looking at the sign code regarding businesses on the Interchange and considering an overlay zone that would allow different standards for this area.
Mr. Stewart explained that there were no changes in the sign standards for businesses in operation prior to the proposed changes. This will remain unless a business closes and they will have a 90 day window to determine signage. Some could stay the same and a pole sign could be allowed to stay intact. Pole signs will not be allowed down town from now on.
Ms. Kuhn said they should be allowed to keep their signs. They need to show they are here.
E. Nedvecki about the Planning meeting and the Board meeting in March regarding public hearings for an outdoor grow. He also inquired about the failure of notification to the public. Is anything established on outdoor grows?
Mr. Stewart explained that the Board had agreed to allow D8 to do a test plot of 200 plants (approved by the State) for an outdoor grow. This was to be for one year. The test was to see how odor can be handled.
Town Ordinance calls for five complaints to be received from citizens of the Town before the sniff test is required. Thus far there have been no complaints filed by citizens of the Town.
Mayor Matis stated that they had some people come in and look at this. Members of the public felt that the Town should notify the people affected when they put something in that affects the people in the County. It was explained that the applicants are responsible to notify property owners within 200 feet when applying for a marijuana license. It is also their responsibility to post the property and do a public notice through the newspaper. State law governs the distance requirements for notifications. This is true for annexations and subdivisions as well, though they are not the same.
The Town posts notice of public hearings on the meeting agendas. They also post on the website. While this has not worked well in the past, they are working on improving this. Anyone wanting email notice can send something in writing to the Town Clerk asking to receive copies by email or regular mail or the agenda and/or the approved minutes.
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BOARD OF TRUSTEES
REGULAR MEETING
FEBRUARY 26, 2018
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VI. REPORTS:
Written reports were submitted. When asked, the Marshal and the Public Works Supervisor had nothing to add. Trustee Greening asked Isaac about the work in the cemetery repairing the setting of head stones. Isaac stated that he was still on light duty and would be working on it as soon as possible.
VII. BOARD COMMENTS:
There were none at this time.
VIII. PUBLIC HEARINGS:
1. DISCUSSION AND ACTION ON ORDINANCE 491: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF DE BEQUE AMENDING CHAPTERS 14-08 AND 14-03 OF THE MUNICIPAL CODE
This Ordinance is amending Chapters 14.08 and 14.03 of the sign code.
Mayor Matis declared the public hearing open at 6:50 p.m. and asked for staff comments. Mr. Stewart stated that the Planning and Zoning Commission had held several workshops regarding the sign code.
Trustees Hansen and Black-Greening had participated in these workshops as well.
Variances had been granted on the I-70 corridor. The signs are larger both in height and width. The Board of Adjustments made the decision to approve one and one had been denied. The entire Code had been looked at and it was felt an addition to the Code to apply different standards for these businesses adjacent to the interchange be made. At present time the height is 40 feet. The suggestion is that Kush and Kum and Go be left the same and Tumbleweed left at 60 feet that was approved by a variance.
Wall signs be increased in size from 5% to 10% and the pole sign at the De Beque Gas and Grocery could remain. The Board of Adjustments has the final word on this matter.
An overlay for the I-70 Interchange businesses is proposed. Mayor Matis explained this. This should minimize variance requests. He asked for Board comments.
Trustee Jackson feels there is a need for pole signs in Town. Mr. Stewart stated that the Planning and Zoning Commission determined they wished to see a certain image in downtown and did not want to see more pole signs in the downtown area.
:
TOWN OF DE BEQUE
BOARD OF TRUSTEES
REGULAR MEETING
FEBRUARY 26, 2018
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PUBLIC COMMENTS:
Randy Sheley, Elk Mountain Trading Post, Inc. spoke stating that he doesn’t think the Town is considering them in Town. He is told that he is not allowed lighting, cannot have a pole sign and his other signs are in violation of the size of sign permitted. He would like the Town to reconsider the size of signs in Town as well as prohibiting pole signs.
Trustee Matis asked what his recommendation for a sign would be.
Mr. Sheley stated he would like a pole sign 11 x 11, 25 feet tall.
Marc Gerhard spoke next stating that he agreed with Randy. It would help the downtown and bring more people into Town.
Meg Latham said the Town is responsible for signs on the highway. The one at Tumbleweed set precedence. The Town should be more prideful. Signage is important. The Town proper is starving to death.
Rewa Gaudern asked that the Board consider all the time the Planning and Zoning Commission took to present them with this information tonight.
There being no further comment the public hearing was closed at 7:15 p.m.
Trustee Black-Greening said she had attended the P&Z workshops and they were against pole signs. Mr. Lake recommended wooden signs with a directory and suggested the Board take pictures of what they would like to see. She had done this and liked the directional signs she had seen at Battlement Mesa.
Trustee Cole had no problem with signs in Town and feels if Kush wants something like Tumbleweed they should be able to have it. Trustee Jackson agreed with Trustee Cole.
Mayor Matis said they would ask the P&Z to revisit the sign issue in Town. There are more for it than against it. Trustee Rose asked why we want to limit it to 40 feet when others have been allowed to go above this. Mr.Stewart stated that if Kush were to be allowed to put the addition back on, it would raise to 51 feet. Trustee Cole said they need to be fair to all businesses and look at raising the height.
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BOARD OF TRUSTEES
REGULAR MEETING
FEBRUARY 26, 2018
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Haley Carmer explained the purpose of variances. There needs to be a reason shown why they cannot comply with the current code.
Trustee Lake read a portion of Section 14.03 of the code regarding the requirement for a contractor’s license required for sign installation that now reads Administrative Authority. Mr. Stewart asked to strike that from the Ordinance.
Trustee Black-Greening feels there should be different fees for the downtown. She does not think the same fee for all is fair. She suggests there be a lower fee or a waiver of fees.
With conclusion of Board comments, the public hearing was closed at 7:35. p.m.
The Mayor called for a motion on Ordinance No. 491
Motion: Trustee Rose
To accept and approve Ordinance No. 491
Second: Trustee Black- Greening
Voice Vote: Trustee Lake, no. Remaining Trustees voted, yes
Mr. Stewart said the P&Z meeting agenda for March 5th will include a study of the downtown area and Bud’s open grow application.
IX. NEW BUSINESS:
1. DISCUSSION AND ACTION ON RESOLUTION 2018-03, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF DEBEQUE APPROVING THE RENEWAL OF A RETAIL MARIJUANA LICENSE AND LIMITED MARIJUANA GROW LICENSE FOR ELK MOUNTAIN TRADING COMPANY LLC.
Motion: Trustee Cole
To approve Resolution No. 2018-03 for renewal of Elk Mountain Trading Post LLC’s retail store and limited grow marijuana licenses.
Second:
Trustee Black-Greening
TOWN OF DE BEQUE
BOARD OF TRUSTEES
REGULAR MEETING
FEBRUARY 26, 2018
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Voice Vote: Unanimously in favor of the motion
2. DISCUSSION AND ACTION ON RESOLUTION 2018- O4, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF DE BEQUE APPROVING THE RENEWAL OF A LIMITED MARIJUANA GROW LICENSE FOR BUD’S LIMITED LLC.
Motion: Trustee Cole
To approve Resolution No. 2018-04 for the renewal of Bud’s Limited marijuana grow license.
Second: Trustee Black-Greening
Voice Vote: Trustee Lake voted, no. Remaining Trustees in favor of the motion
3. DISCUSSION AND ACTION ON RESOLUTION 2018-05, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF DE BEQUE AWARDING A CONTRACT TO ACCURATE EXCAVATION TO CONDUCT WORK ON STEWART AVENUE.
Motion: Trustee Rose
To award the contract for work on Stewart Avenue to Accurate Concrete Excavation
Second: Trustee Cole
Voice Vote: Unanimously in favor of the motion
Mr. Stewart informed the Board that they were the lowest, responsible bidder.
4. DISCUSSION AND ACTION ON THE DESIGN AND INSTALLATION OF AN ELECTRONIC MESSAGE SIGN AT THE TOWN Hall.
Trustees Black-Greening and Lake were not in favor of this. They prefer to have a wooden sign that can still be lighted. They feel that it is a waste of money. Trustee Rose stated that the reason for this is to keep the public informed. Trustee Black-Greening stated an electric sign is fine for the school but does not see the need for one at the Town Hall. Rewa Gaudern feels an electric sign would do a better job of informing the public and Trustee Black-Greening disagrees and would rather see one made locally of wood. Mr. Stewart stated he would keep the information in his file. Mayor Matis stated he would love
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BOARD OF TRUSTEES
REGULAR MEETING
FEBRUARY 26, 2018
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to see the sign. Trustee Cole suggested putting it down where the other signs are – perhaps above them.
5. DISCUSSION AND ACTION ON PROPOSALS TO CRACK SEAL AND CHIP SEAL CERTAIN STREETS.
Mr. Stewart said the Town was attempting to do some street maintenance in a few of the worst areas each year and if possible would continue to do so for the next several years. Chip and seal after a crack seal is best. He went on to explain the types of crack seal available. Striping will need to be done also. Does the Board want to pursue this? Do they want one contractor to do both or use more than one?
Trustee Lake inquired about other places in Town. Mr. Stewart said these should be taken care of.
Trustee Rose stated that the money saved since there is no longer lighting on Stewart should be used to go ahead with this project and do regular striping. Mayor Matis and Trustee Black-Greening agreed that this needs to be done. Perhaps next year they may be able to do a larger project.
Mr. Sheley stated that the sidewalks in front of the liquor store and around the corner from Elk Mountain should be done.
The general consensus of the Board was to move forward with this.
X. OLD BUSINESS:
Trustee Cole had asked the Board to consider the Code violations at Schlumberger and what to do about them. Demand letters have been written by the Town Attorney with no response. De-annexing has been discussed. The lift station is attached to our system but was never dedicated to the Town. About all the lift station currently does is provide backup to the Fire District sewer system. Our public works department maintains it.
Our choice is to notify the company of the Code violation and if we receive no response, the Town will perform the work and lien the property for the time, labor, and equipment used.
Marshal Dalley explained that he needs to develop policies for the Marshal’s Department. The deputies need to answer to the Marshal and not the Town Board. He would like the Board’s involvement in approving and implementing this. The general consensus of the Board is that this is Bobby’s responsibility and he should move forward.
TOWN OF DE BEQUE
BOARD OF TRUSTEES
REGULAR MEETING
FEBRUARY 26, 2018
PAGE 9
Right now Marshal Dalley is using policies under Lexipol. There are lots of changes and we need to customize for our needs. He would like to give this to the Board.
There also needs to be an Ordinance for the Town that lists the duties of the Marshal’s office. The Board asked the attorney to proceed with this.
Trustee Black-Greening said a copy of the Code violations and letters sent out should be emailed to the Board or put in their packets.
Someone asked Trustee Rose about doing an internship for the Town’ Recreation Department. This will be discussed.
XI. ITEMS TO SET FOR PUBLIC HEARING:
APUBLIC HEARING FOR A LIMITED OUTDOOR GROW FOR BUDS LIMITED LLC TO BE CONDUCTED BY THE DE BEQUE BOARD OF TRUSTEES ON MARCH 19, 2018.
The Board agreed to set the public hearing for Buds Limited LLC on Monday March 19, 2018 at 6:00 p.m.
XII. EXECUTIVE SESSION:
None
XIII. ADJOURNMENT:
The Mayor called for a motion to adjourn
Motion: Trustee Cole
To adjourn
Second:
Trustee Jackson
Everyone agreed and the meeting adjourned at 8:40 p.m.
______
ApprovedDate