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Home My WebLink AboutMINUTES Town Board 2006-08-08I Town of Estes Park, Larimer County, Colorado, August 8, 2006 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 8th day of August, 2006. Meeting called to order by Mayor Baudek. Present: Also Present: Absent: John Baudek, Mayor Bill Pinkham, Mayor ProTem Trustees Eric Blackhurst Doha Eisenlauer Richard Homeier Chuck Levine Wayne Newsom Randy Repola, Town Administrator Jackie Williamson, Town Clerk Gregory A. White, Town Attorney None I Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Newsom stated the Cemetery Board invites the public to the dedication of the new Four Winds Columbarium on Monday, September 4th 11:00 a.m. at the Cemetery. Trustee Blackhurst reminded the public that the Public Works Committee would meet Thursday at 8:00 a.m. in the Town Board Room. Trustee Homeier commented during the last Town Board meeting the audit report should not provide a false sense of security that everything is fine. He was not suggesting that he suspected anything was amiss in Town Hall; however, the audit is not a guarantee that nothing can or will happen in the future. Trustee Eisenlauer thanked the Town staff and Administrator Repola for their help with the library book sale this past weekend. She stated the library raised nearly $21,000. The Town’s support was appreciated. 1. CONSENT AGENDA (Approval ofi: 1. Town Board Minutes dated July 25, 2006. 2. Bills. 3. Committee Minutes; A. Public Safety, July 27, 2006: 1. Automated Citation System - $37,709.56 B. Community Development, August 3, 2006: Convention and Visitor Bureau 1. Visitor Center Landscape Design Contract (Joan Sapp) - $2,600 Board of Trustees - August 8,2006 - Page 2 Museum/Senior Center Services 1. Catering for All Occasions 2007 Contract. Community Development 1. Housing Authority Permit Fee Waiver for Pine Knoll Apartments - $7,259. Trustee Blackhurst and Mayor ProTem Pinkham recused themselves from item 3.B. It was moved and seconded (Pinkham/Levine) the Consent Agenda Items 1, 2 and 3.A be approved, and it passed unanimously. It was moved and seconded (Newsom/Eisenlauer) the Consent Agenda Item 3.B be approved, and it passed with Trustee Blackhurst and Mayor ProTem Pinkham abstaining. 2. ACTION ITEMS: 1. LIQUOR LICENSING: TRANSFER OF OWNERSHIP - FROM NEW STANLEY ASSOCIATES LLLP & GHV - COLORADO. INC, dba THE STANLEY HOTEL TO NEW STANLEY ASSOCIATES LESSEE. LLC dba THE STANLEY HOTEL. HOTEL AND RESTAURANT LICENSE. 333 Wondervlew Avenue. Town Clerk Williamson presented the application, confirming that required T.I.P.S. training was completed on Monday, June 19, 2006. It was moved and seconded (Levine/Newsom) the Transfer of Ownership Application filed by New Stanley Associates Lessee, LLC dba The Stanley Hotel, be approved, and it passed unanimously. 2. SPECIAL TRANSIT UPDATE. Steve Blacksher/Special Transit provided an overview of the program and services. The average passenger is an elder living alone with some level of disability on a fixed income. Estes Park service began in 1999 with one day a week with the Town funding 25% of the program. Today the program has grown to serve the community five days a week, Monday through Friday, with one trip to the valley (Loveland/Fort Collins) a month. The Estes Rider Advisory Committee was formed in 2005 and meets quarterly to provide input on the quality and level of service in Estes Park. The projected cost of service in Estes is $105,000 in 2006, which is funded through multiple sources including a Community Service grant from the Town. A vehicle is housed in Estes Park and offers door-to-door service for their clients. Mr. Blacksher thanked the Town and the staff for the continued support. 3. ESTES VALLEY INVESTMENT IN CHILDHOOD SUCCESS (EVICS) UPDATE. Janice Newman/EVICS President and Anne Keire/Early Childhood Council of Larimer County Executive Director stated the Town awarded a Community Service grant to EVICS to establish a Childhood Success Office to coordinate local early childhood care and education services and administer a centralized community wide scholarship program for parent needing financial assistance to pay for childcare services. The local office opened in January 2006 at 343 S. St. Vrain with Nancy Almond hired as the Childhood Success Coordinator. To date EVICS has been able to provide the following: local training opportunities for licensed childcare providers; a “Resource Room” with equipment available for providers to borrow to enrich the learning environment without the need to buy expensive equipment; information for parents and providers; marketing through the local media; scholarship fund program has been researched and policies and protocols developed; working with Town staff on zoning and building code to provide exceptions for childcare homes to align them with child care licensing regulations. EVICS serves the school district boundary and focuses it services on education and childcare. The program would like to continue to grow the Board of Directors, the professional development program and raise additional I I Board of Trustees - August 8, 2006 - Page 3 I 5. funds for scholarships. She also stated there is a significant number of unlicensed programs in the valley: however, it is legal for individuals to care for one other family’s children. The valley currently has 6 licensed home providers and 3 centers. EVICS was the first umbrella organization to receive a Community Services grant last year to provide services to all childcare providers in the valley. There has been great success with an increase in resource utilization. The Mayor and the Trustees commended all involved. 2nd QUARTER FINANCIAL REPORT. Finance Officer McFarland stated the General Fund is operating at or below forecasted expense levels in all major categories. Sales tax is about 35% of budget to date with June estimated at $740,000. Sales tax would need to maintain or even increase in order to meet budget projections of $6,640,000. The Enterprise Funds are ahead in revenue and under budget in expenses. Investments show a decrease in assets that reflects a $2,700,000 loan to the Housing Authority. Returns on investments continue to increase due to market positioning and overall increase in interest rates. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(E), C.R.S. - For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators and 24-6-402(4)(B), C.R.S. - Conference with Town Attorney White and Attorney McCargar for the purpose of receiving legal advice on specific legal questions regarding the sale of Lot 4, Stanley Historic District. I Motion It was moved and seconded (Pinkham/Levine) the Town Board enter Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6- 402(4)(E) and for a conference with Town Attorney White and Attorney McCargar for the purpose of receiving legal advice on the item listed above under C.R.S. Section 24-6-402(4)(B), and it passed unanimously. Whereupon Mayor Baudek adjourned the meeting to Executive Session at 8:10 p.m. Mayor Baudek reconvened the meeting to open session at 9:05 p.m. 6. RESOLUTION #15-06. LOT 4. STANLEY HISTORIC DISTRICT. Town Attorney White stated the purpose of the resolution is to record the history of Lot 4, Stanley Historic District. Attorney White read the resolution. Rebecca Anderson Fisher/Sherman and Howard commented the resolution was not appropriate in light of the pending litigation with regard to the development of Lot 4. The New Stanley Associates would be open and willing to discuss options for the development of Lot 4, including a joint restaurant venture in the Carriage House with Mr. Grueff and the purchase of a conservation easement on the Northern portion of Lot 4 for $400,000 with a restrictive covenant on the southern portion to restrict development of food services. It was moved and seconded (Newsom/Blackhurst) Resolution #15-06 be approved, and it passed unanimously. 7. SALE OF LOT 4. STANLEY HISTORIC DISTRICT. A. Consideration of LOT4ED, LLC Contract Amendment. Board of Trustees - August 8, 2006 - Page 4 Attorney White stated the first amendment to the sales contract amended the original contract entered into on February 14, 2006. The original contract stated the developer would obtain approval from the Stanley Historic District Technical Review Committee by August 1, 2006 with closing on August 14, 2006. The proposal was withdrawn from Technical Review when it became evident that the Committee could not grant variances to square footage and building footprint. An amendment to the Stanley Master Plan to increase square footage and building footprint was denied by the Town Board at their July 25, 2006 meeting. LOT4ED, LLC requests the contract be amended with the purchase price remaining unchanged, move the closing to November 14, 2006, Technical Review Committee approval of the amended proposal (30,000 commercial with a 30,000 square foot footprint), allow closing to be extended to April 30, 2007 if the property is subdivided through the EVDC review process (Planning Commission and Town Board), and litigation allows either party to terminate the contract or extend the contract for an additional year to November 14, 2007. Richard Brett, 472 MacGregor Avenue, questioned the subdivision process of Lot 4. Attorney White stated the Stanley Historic Master Plan controls all development within the district. A request to subdivide Lot 4 would be reviewed by the Planning Commission and final approval from the Town Board. Bob Shelley/Stanley Hotel General Manager stated concerns with the proposals ability to provide the projected sales tax revenue with the amended development proposal. The Town Board should reconsider the proposal and the numbers and look at other options. Ed Grueff/LOT4ED, LLC has been involved in many business ventures in Estes Park with smaller footprints that have over a million in sales tax receipts. If it were not for the ongoing litigation, Mr. Grueff would close on the property immediately. He is requesting an extension to move forward with the amended proposal. B. Ordinance #5-06 for Sale of Lot 4, Stanley Historic District. Attorney White read Ordinance #5-06. Trustee Homeier commented the amended contract for the sale of Lot 4 is a continuation of a development proposal in process and as long as the amended proposal is within the Master Plan, the Board should move forward. Trustee Blackhurst agreed and stated the lawsuit has interfered with the contract; and therefore, the Town has an obligation to keep the contract in effect. Mayor Baudek commented the extension is being asked for due to circumstances beyond the control of the Town or the Buyer. The Town is not considering the New Stanley offers because there is currently a contract to purchase. It was moved and second (Homeier/Eisenlauer) Ordinance #5-06 for the Sale of Lot 4, Stanley Historic District be approved, and it passed unanimously. 8. TOWN ADMINISTRATOR REPORT. The Board of Trustees from Grand Lake will visit Estes Park Thursday, August 17th for a tour of the Visitor Center, Shuttle Bus, Performance Park and dinner at the Fall River Picnic Grounds. The Grand Lake would like to collaborate with the Town of Estes Park in providing a letter of support for the RMNP Wilderness Designation. Whereupon Mayor Baudek adjourned the meeting at 9:40 p.m. I I ohn Baudek, Mayor 1 ^ *S . O O . « kie Williamson, Town Clerk