Town reversals result in compensation to Galaxy Bike
Ashley Benton, co-owner of Galaxy Bike and Sport, appeared before the Oct. 23 Paonia Town Council to request reimbursement for the shop's sign which the town had approved and then later rescinded approval. The owners were forced to remove their sign from the right of way in front of the store on Grand Avenue.
Benton had been asked at a previous town council meeting to submit the cost for the sign to the town.
Mayor Neal Schwieterman said the official council minutes are the legal record and differed from what Benton was requesting. The minutes said the town would pay for relocating the sign on the shop property.
Benton said that the sign would have to be placed so close to their shop that they felt it was best to not relocate it.
They paid Travis Loberg, public works director, to remove the sign.
Costs for sign fabrication and refabrication and sign removal were approximately $1,000.
Benton said the owners believed the town was liable since they had approved the sign at each step of the process, including its placement in the right of way by the building inspector. "We did what you told us to do," Benton said.
Richard Schmidt commented that even if the building permit granted approval, it doesn't negate other laws.
Benton said the three shop owners were standing with the building inspector when the sign was placed. She also pointed out that the previous council had said the building inspector had signed off on the permit.
Trustee Eric Goold said if the previous council had told the owners they would be reimbursed, then they should be reimbursed.
Town attorney Jim Briscoe said the owners were told they would be reimbursed for moving the sign only.
Trustee Brian Ayers suggested reimbursing the owners $500. After discussion he moved the Town of Paonia pay the Galaxy Bike and Sport owners $550. Trustee Ross King seconded. Trustee Larry Wissbeck said $550 was a fair amount for the town to compensate the owners. "It's not overly generous. It's merely generous," Wissbeck said. With that the motion was unanimously approved.
Jim Briscoe said this satisfies all claims.