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HomeMy WebLinkAboutPACKET Town Board 2012-07-24The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, July 24, 2012 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION - Proclaiming the weeks of July 9 – October 1, 2012 as the “Estes Park United Campaign” in the Estes Valley. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Pre-Budget Study Session Minutes dated June 29, 2012, Town Board Minutes dated July 10, 2012 and Town Board Study Session Minutes dated July 10, 2012. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities, Public Works - July meeting cancelled. 4. Estes Valley Planning Commission Minutes dated June 19, 2012 (acknowledgement only). 5. Resolution # - 12 Extension of Cable Franchise Agreement with Baja Broadband. 2. REPORTS AND DISCUSSION ITEMS: 1. WOODLAND HEIGHTS FIRE: REBUILDING PROGRAM.. Director Chilcott. Prepared 7/15/12 *Revised: NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. AMENDED SPECIAL REVIEW 06-01C, Estes Park Medical Center, Rob Austin/Applicant. Request to enclose portion of south side of building to accommodate permanent MRI facility. 4. ACTION ITEMS: 1. PHASE V BOND PARK DESIGN APPROVAL. Director Zurn. 2. STATUS OF THE TRANSPORTATION VISIONING AND SHUTTLE COMMITTEES. 5. ADJOURN. Town of Estes Park, Larimer County, Colorado, June 29, 2012 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 29th day of June, 2012. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris and Phipps Attending: All Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Finance Officer McFarland, Assistant Finance Officer McDougall, Directors Bergsten, Chilcott, Kufeld, and Zurn and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 8:00 a.m. BUDGET POLICIES AND OTHER INFORMATION. Finance Officer McFarland reviewed the budget calendar for 2013 stating a number of the line items relate to deadlines for staff; however, the Board would continue to hold budget meetings on Friday mornings in October. Trustee Ericson requested a high level review of the budget be presented during the budget process as talking points for the Board. The Board discussed and set a goal retreat for 2013 on August 2, 2012 with a location to be determined. 2012 REVIEW/FUTURE. Finance Officer McFarland stated revisions to the 2012 budget and the development of the 2013 budget are affected by the performance of sales tax collections for 2012 and the level and direction of fund balance in the General Fund. At present, the 2012 sales tax collection has been up 14% over 2011 and 11% ahead of the 2012 budget. It was noted after the 2002 fire season, sales tax was down for 9 straight months, and therefore, staff stated some concern that summer sales tax collection could be affected by the severe fire season Colorado has faced to date. Moving forward, staff will forecast sales tax flat. 2013 POLICY DEVELOPMENT. Target Fund Balance During the development and final approval of the 2012 budget, staff was directed to lower the General Fund balance to 25% rather than the historical 30% to help fund road improvements. The current 56% fund balance has been reduced to 41% with the rollover of the 2011 STIP funding and is reduced to 31% when the Catastrophic Loss Fund is removed from the General Fund balance. Board discussion followed and it was the consensus of the Board to move forward with a 25% fund balance in 2012 and spend fund balance on road improvements. General Fund balance targets would be discussed by the Board for 2013. Staff noted the current level of expenditures would not be sustainable moving forward without considering other funding mechanisms to complete projects. Catastrophic Loss Fund The Town has a General Fund balance at the end of 2011 of more than $6 million or 56% due to the Catastrophic Loss Fund accounted for in the General Fund of approximately $1.28 million, Medical Insurance Fund ($250,000), rollovers ($91,000) Town Board Study Session – June 29, 2012 – Page 2 and Street Improvement (STIP) funds ($290,000) returned to the General Fund. The CLF was established after the Long Lake flood to provide immediate funding after a disaster; however, the Town now has property and liability insurance to provide funding of improvements after a disaster. This fund could be used for general Town expenses or restricted. The Board discussed the uses of the CLF and concluded a Board policy should be drafted to address how the funds should be identified in the future, i.e. rolled into the General Fund reserves or restricted and what should be the fund balance if restricted. Community Services Grants The Town has historically reviewed and approved grant funding to local groups during the budget process; however, there is no formal policy established to outline what entities qualify and how to determine annual funding levels. The current grants are paid out quarterly and include the support of entities outside of Estes Park. Town Administrator Lancaster stated the Board should discuss the outcome of funding, such as to reduce poverty and support early childhood development. The Board would hold a study session to establish a basis for grant funding and what should be funded. Funding of the Local Marketing District dba Visit Estes Park needs further discussion with the district in order for the Board to understand the benefit to the Town. Further discussion by the Board and staff ensued regarding workforce housing and childcare and the need to address them as economic development issues. A healthy workforce is required in order to have a health economic development program for the Town. Trustee Koenig noted that programs in other mountain towns may not work in Estes Park because our community is relatively close to other Front Range communities in which families may want to live. The Housing Authority is not able to use federal funds to address work force housing; therefore, other alternative funding mechanism would need to be identified. Town Administrator Lancaster suggested the Town consider Requests for Proposals for the distribution of the FOSH funds. Mayor Pro Tem Blackhurst requested the Town discuss the original intent of distributing the FOSH funds with members of the original fundraising group. Financial Relationships with other Taxing District The Town, through an IGA with the Estes Valley Fire Protection District, provides 7% of sales tax receipt annually for operations. The agreement can be reviewed annually and requires a notice from either party by July 1st to terminate the agreement at the end of the year. The Town has provided financial assistance to the Local Marketing District (LMD) since its formation; however, the funding has decreased each year. The LMD continues to request support during the budget process. Trustee Elrod commented on the need for other local districts that serve the valley to seek financial assistance from the County. Discussion followed on the need to assess the expenditures by both the Town and the LMD on special events, and at what level should each be funding the advertisement of events. Trustee Norris stated the LMD has been conducting a study to provide a correlation on advertising dollars spent and tourism sales tax dollars created. The study would be presented to the Board this fall to help quantify the impact. A policy should be developed to address fee waivers to other taxing districts. The current policy allows for up to $3,000 to be waived by the CDCS Committee and funding in excess shall be included in the budget process. A policy would be forwarded for consideration by the Town Board. Transfer Out The Town has transferred funds to the Community Reinvestment Fund (CRF) annually to fund current and future projects. Currently the Town transfers $800,000 annually, which correlates to the funds saved on marketing/advertising prior to the creation of the LMD. Mayor Pro Tem Blackhurst stated the advertising funds were to be used for Town Board Study Session – June 29, 2012 – Page 3 tourism based projects; however, at this point in time the funds could be used for other Town projects. The Town maintains special revenue funds for Open Space and Community Services (CSF) (Museum, Senior Center, Visitor Center, and Conference Center). The CSF required a transfer from the General Fund in the amount of $1.35 million in 2012. Staff requested direction on merging the CSF with the General Fund or designate CSF fund balance for CSF related expenditures only. This was a recommendation from the auditors in 2011. The Board consensus was to maintain the funds as separate accounts. Transfer In The Light and Power and Water utilities transfer revenues to the General Fund annually at approximately 8.5% L&P and 4.0% Water. These percentages have been fluctuated over time, but have been at their current levels for the last several years. The transfers provide approximately 10% of the General Fund’s annual revenues. A draft Utility Transfer Policy has been developed and sent to the Board for review. The policy would identify the appropriate percentage fee to be paid by the utilities for the Town’s investment in developing the municipally owned utilities. A policy should be established prior to the budget process to provide staff with an estimate for 2013 revenues. CAPITAL PROGRAMS Street Improvement Plan The Street Improvement Plan (STIP) currently resides in the General Fund. Staff recommends moving the STIP funding to the CRF because unused STIP balances affect the General Fund balances at the end of each year. The CRF retains funds not allocated each year. Discussion followed on the topic and including the possible inflation of the funds available for street improvements if STIP funding is placed in the CRF; maintain capital projects in one fund; the need to separate out capital street and projects from maintenance. Director Zurn stated the capital versus the maintenance is already allocated separately in the General Fund. The Board discussed the 2012 funding for street improvements and the consensus was to move forward with utilizing the rollover funds and any General Fund dollars over 25% fund balance to complete road improvements in 2012. Community Reinvestment Fund The fund has the following project expenditures outlined for 2012: stall barns - $1.2 million; police remodel - $140,000, Wiest retaining wall – over budget by $10,000 - $15,000; Visitor Center structural repair - $50,000, Elm Road effluent - $110,000, parking structure - $40,000; Museum master plan - $25,000, and MPEC pro-forma - $40,000. The MPEC Pro Forma would include a programming element not included in past Pro Forma conducted for the building as well as events to be held in the facility over 5 years. Once the Pro Forma has been reviewed, the staff and the Board should then decide on any alternative uses for the building. Trustee Koenig stated concern with using the building during the height of the season for horse stalls as planned for in the past. Mayor Pro Tem Blackhurst commented the facility would require a subsidy; however, the net effect would be an increase in sales tax. Director Zurn informed the Board the cost to build the MPEC would increase by approximately $1 million for infrastructure improvements if the building was relocated to the southeast corner. A future remodel of the Visitor Center would be required due to the increase in the number of visitors currently and a significant increase once the parking structure is complete. Town Board Study Session – June 29, 2012 – Page 4 Trustee Ericson requested the completion of the riverwalk through the Park Theater Mall property be added to the 2013 budget. OTHER REQUESTED DISCUSSION TOPICS. Events Mayor Pinkham presented a request from Dr. Durward to increase the Town’s funding for accommodations for participants in the Irish Scottish Highland Festival for 2013. The Town needs to discuss the future of the event and how it will be funded. Transportation The shuttle bus counters were not purchased this year because they could not be installed at the beginning of the season; therefore, they will be purchased during the off season and installed for 2013. Trustee Ericson questioned the Town’s investment in the shuttle system as it relates to sales tax revenue. He stated it should be reviewed Trustee Elrod stated the system is a community benefit as well as a benefit for the visitors. Employee Compensation/Benefits Update Administration would bring forward a recommendation for employee compensation and a staffing review during the budget process. Town Owned Property A review of Town owned properties should be conducted to measure the effectiveness of use and whether the Town should continue to own the properties. The Town should also address how to make better use of under-utilized Town assets such as the fiber ring. There being no further business, Mayor Pinkham adjourned the meeting at 12:00 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, July 10, 2012 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 10th day of July, 2012. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Also Present: Greg White, Town Attorney Frank Lancaster, Town Administrator Deputy Town Administrator Richardson Cynthia Deats, Deputy Town Clerk Absent: None Mayor Pinkham called the meeting to order at 5:24 p.m. 1. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Koenig/Blackhurst) the Town Board enter into Executive Session for the discussion of specialized details of security arrangements under C.R.S. Section 24-6-402(4)(d), and it passed unanimously. Whereupon, Mayor Pinkham adjourned the meeting to Executive Session at 5:25 p.m. Mayor Pinkham reconvened the meeting to open session at 6:53 p.m. and called for a short break. At 7:00 p.m., Mayor Pinkham called the meeting to order and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS. None TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Ericson said the Proud to Wear Pink Golf Tournament that will be held on Wednesday, July 11, 2012, in conjunction with the Rooftop Rodeo. Mayor Pro Tem Blackhurst announced that Mayor Pinkham received the Elected Official Leadership Award from the Colorado Municipal League and offered his congratulations. He stated that the Estes Park Housing Authority is one of three housing authorities in the state that will be undergoing a charrette process to develop a housing project that will fit the needs of the community for future development of a property near Good Samaritan. Trustee Koenig encouraged the community to get out and enjoy the Rooftop Rodeo, and invited interested parties to attend the Sister Cities meeting to be held on July 11, 2012, at 8 a.m. at the Senior Center. Board of Trustees – July 10, 2012 – Page 2 Trustee Norris attended the Visit Estes Park Board Meeting at which policy review, policy governance, and the Woodland Heights Fire were discussed. He noted that Visit Estes Park will fund a media campaign to help reduce the negative impact of the fire. Mayor Pinkham complimented staff for their actions during the Woodland Heights Fire and thanked everyone who attended the community fundraisers held to benefit victims of the fire. TOWN ADMINISTRATOR REPORT. • A Woodland Heights Debrief will be held with the Board of Trustees on Tuesday, July 17, 2012. • Sales tax for May 2012 showed a 20% increase over May 2011. Sales tax is up 16% for the year, however, June may be hit hard due to the fires. • During a pre-budget meeting held in June, the Trustees discussed decreasing fund balance to 25% and using unallocated revenues to fund road improvement projects. Discussions continue on the topic with staff recommending use of the funds through 2013 to allow adequate time to plan and complete the projects, and allow for coordination with other utilities when possible. • A discussion regarding the Catastrophic Reserve Fund is scheduled for an upcoming Town Board Study Session. At that time staff will provide the Board with information about the creation of the Fund, a recommended amount to hold in the Fund, and how circumstances and insurance coverages have changed since the Fund was formed; and will ask for direction from the Board. 2. CONSENT AGENDA: 1. Town Board Minutes dated June 26, 2012, and Town Board Study Session Minutes dated June 26, 2012. 2. Bills. 3. Committee Minutes: a. Community Development/Community Services, June 28, 2012. 4. Estes Valley Board of Adjustment Minutes dated May 1, 2012 (acknowledgement only). It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda, and it passed unanimously. 3. ACTION ITEMS. 1. FEE WAIVER POLICY. Dir. Chilcott presented a re-stated fee waiver policy at the request of the Community Development / Community Services Committee members. The proposed changes establish a uniform policy for waiving Community Development fees in support of essential community needs such as affordable housing, assisted living, and health care services; and will condense the policy into one, readily accessible document. The proposed fee waiver policy would apply to public-funded government construction, taxing and special districts, as well as private non-profit organizations that meet the specified criteria. Staff is proposing that the Community Development Director be authorized to waive up to $500 in fees; authorizing the Community Development Committee to waive fees in the amount of $500 to $3000; with the Town Board being the decision- making body for fee waivers in excess of $3000. Following discussion the Board asked staff to remove the references to private, non-profit projects allowing for the focus of the waiver to be whether or not the project meets an essential community need as defined as well as the qualifying criteria stated in the policy; and to add language to forward the fee waiver request to the Town Board in the event of a tie at the Committee level. It was moved and Board of Trustees – July 10, 2012 – Page 3 seconded (Ericson/Norris) to approve the fee waiver policy with changes as discussed, and it passed unanimously. 2. ESTES PARK MEDICAL CENTER FEE WAIVER. The Estes Park Medical Center has submitted a request to waive the application fee associated with a special review/location and extent review for the construction of an MRI addition to the hospital. The waiver of the $2000 application fee was heard by the Community Development / Community Services Committee at their June 28, 2012 meeting and was forwarded to the Town Board for final action. Trustee Koenig commented that philosophically there is a difference between fees being paid for by taxpayers by way of taxes collected through a special taxing district, as opposed to a fee being paid for with funds raised by a foundation. She said development fees provide revenue to operate the planning and building divisions and that it may be necessary to pull funds from other areas of the budget to make up budget shortfalls due to reduced fee revenue. It was moved and seconded (Koenig/Ericson) to deny the Estes Park Medical Center fee waiver. Trustee Elrod said that the Medical Center Foundation is involved in raising funds for equipment, not for construction of the addition to the hospital, and as treasurer for the Foundation, abstained from participation in the discussion. Further discussion is summarized: the Medical Center is obligated to pay development fees, just like any other private entity; $2000 will remain in hospital operating budget if fee waiver is approved; the Board has routinely waived fees in the past for taxing districts, the school, and the hospital; and $2000 less revenue will be earned by Community Development, but it is a significant contribution in the spirit of cooperation. Trustee Ericson said he could not support the fee waiver based on derogatory comments made by hospital staff in regard to the repaving of Prospect Avenue. The motion to deny the fee waiver failed. Those voting “Yes” Trustees Ericson and Koenig. Those voting “No” Mayor Pro Tem Blackhurst, Trustees Norris and Phipps. Trustee Elrod abstained from the vote. It was moved and seconded (Blackhurst/Norris) to approve the Estes Park Medical Center fee waiver, and the motion passed. Those voting “Yes” Mayor Pro Tem Blackhurst, Trustees Phipps and Norris. Those voting “No” Trustees Ericson and Koenig. Trustee Elrod abstained from the vote. SUNGARD PROJECT MANAGER CONSULTANT CONTRACT. Supt. Fraundorf reported that a Request for Proposal (RFP) was issued for a Project Manager to guide the Town through the process of replacing its current financial system with the SunGard OneSolution product. One response to the RFP was received from Don Widrig of Estes Park. Mr. Widrig has the credentials and expertise to fill the position and staff is recommending approval of the contract and 2012 expenditures for the SunGard Project Manager at a cost not to exceed $50,000 from account #502-7001-580-33-33 (10%), 503- 7000-580-35-54 (10%), and 625-2500-425-26-32 (80%). Mayor Pro Tem Blackhurst expressed concern with sole-sourcing and questioned why more responses were not received. Supt. Fraundorf said he received five or six inquiries to the RFP from large, out-of-state companies that would normally bring in a team of people to work on the project. Since the Town is looking for an individual to serve as Project Manager, the larger companies were not interested in submitting proposals. The Trustees concurred that Mr. Widrig is a good fit for the work that needs to be done and it was moved and seconded (Norris/Ericson) to approve the contract for SunGard Project Manager and expenditures for 2012 as described above, and it passed unanimously. 3. TOWN BOARD REIMBURSEMENT POLICY. Town Administrator Lancaster proposed a Town Board Reimbursement Policy designed to officially adopt current practices related to purchasing logo apparel for members of the Board and reimbursement to the Mayor to cover cell phone costs associated with Town business. The Trustees requested the following changes be made to the policy: include the dollar amount that is equal to the maximum amount reimbursable to employees as a cell phone service stipend; Board of Trustees – July 10, 2012 – Page 4 the Town may pay for up to two items of logo apparel after each biennial election, with the dollar amount not to exceed $75. Trustee Elrod pointed out that the Mayor and Trustees are not required to seek reimbursement from the Town for these items. Attorney White also noted that items received by the Trustees from the Town are not considered a gift under Amendment 41. It was moved and seconded (Norris/Blackhurst) to approve the Town Board Reimbursement Policy with the changes discussed, and it passed unanimously. 4. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Koenig/Norris) to enter into Executive Session for a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) – Woodland Heights Fire / Rockfall, and it passed unanimously. Mayor Pinkham stated that no action would be taken by the Board following the executive session and called for a five minute break. The Board entered executive session at 8:20 p.m. Mayor Pinkham reconvened the meeting at 8:35 p.m.; whereupon he adjourned the meeting at 8:35 p.m. William C. Pinkham, Mayor Cynthia A. Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, July 10, 2012 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 10th day of July, 2012. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Town Attorney White, and Deputy Town Clerk Deats Absent: None Mayor Pinkham called the meeting to order at 4:30 p.m. VOLUNTEER MANUAL. At the April 24, 2012 Town Board meeting, staff received direction from the Board regarding the proposed Volunteer Manual. Assistant Town Administrator (ATA) Richardson initiated discussion of the amended document with revisions that include the removal of Town required forms related to operational issues; the removal of job descriptions; a revised liability agreement removing the indemnification clause; format changes; and a component addressing a liability form for each volunteer and the memorandums of understanding (MOU) for recognized 501(c) groups. ATA Richardson noted that the Town required forms, although not part of the draft manual, will be part of the final document. Trustee Ericson commented that the organizational chart included in the document was not the chart that was approved by the Board in April 2012. Assistant Town Administrator Richardson said the chart approved in April needs to be updated and said a revised organizational chart will be brought forward as a separate action item to the Board. Trustee Koenig noted that after reviewing the first draft of the Volunteer Manual in April a number of individuals resigned as volunteers at the Convention and Visitors Bureau (CVB) due to the indemnification clause it contained. She said the indemnification clause may have been removed from the manual but there are multiple places within the revised document that continue to refer to liability waivers. Attorney White said volunteers do not indemnify the Town by agreeing to anything in the Volunteer Manual or in the Volunteer Services Agreement. However, the Town will not be liable for acts of a volunteer that may result in death, injury, and/or property damage if he/she acts outside the scope of his/her authorized volunteer activities; or if death, injury and/or property damage occurs due to a volunteer’s willful and wanton disregard. He said this language does appear multiple times in the document to emphasize the importance of the information. ATA Richardson said that conversations with property and liability insurance companies led to the inclusion of the individual Volunteer Services Agreement. Attorney White noted that CIRSA recommended the Town utilize the individual Volunteer Services Agreement as it would be more likely to stand up in court in the event of a lawsuit. Discussion is summarized: the liability language is redundant and ‘in your face’ and does not show sensitivity to the concerns of the volunteers; consider requiring volunteers to sign indicating receipt and understanding of the Volunteer Manual; sign statement showing agreement to the terms outlined; background checks are not required of all volunteers, only those working with youth, seniors, operating a motor vehicle as part of Town operations, or handling money or confidential information; Town Board Study Session – July 10, 2012 – Page 2 consider a separate form to be completed for volunteer positions that require a background check; consider eliminating the individual Volunteer Services Agreement and have individuals sign that they have read and understand the volunteer Manual and agree to be bound by it; and consider including the liability information in an appendix to the Volunteer Services Agreement Staff will speak to HR regarding injury-related medical coverage; add fire extinguishers to the Volunteer Safety section; include and clearly mark appendices referenced in the document; clarify that Section 1.6.7 Work Place Violence is meant to address illegal weapons; and amend 1.6.11(d) from “Gloves must be worn…” to “Gloves should be worn…” The document will be revised and made available to volunteer groups for comment with their feedback forwarded to the Board. FUTURE AGENDA ITEMS. Items suggested for future discussion include: • FOSH Fund • Live streaming video and audio of Town Board meetings • Review of quasi-judicial procedures • Committees, ad-hoc committees, committee liaison responsibilities, and term limits • E-mail retention policy • Policy Governance • Strategic Planning • Economic Development • Status of 2012 goals There being no further business, Mayor Pinkham adjourned the meeting at 5:12 p.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission June 19, 2012 - 1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Doug Klink, Commissioners John Tucker, Betty Hull, Rex Poggenpohl, Joe Wise, Kathy Bowers, Tom Gresslin. Attending: Chair Klink, Commissioners Tucker, Hull, Poggenpohl, Wise, Bowers, and Gresslin Also Attending: Director Chilcott, Planner Shirk, Town Attorney White, and Recording Secretary Thompson Absent: Town Board Liaison Elrod The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Klink called the meeting to order at 1:30 p.m. There were three people in attendance. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA A. Approval of minutes, May 15, 2012 Planning Commission Meeting. It was moved and seconded (Hull/Tucker) to approve the minutes as presented and the motion passed unanimously. B. Amended Plat of Lot 7, Division 5, and a Portion of Division 2, High Drive Heights, TBD Larkspur Road. It was moved and seconded (Poggenpohl/Hull) to remove the Amended Plat application from the consent agenda to allow public comment and Commission discussion and the motion passed unanimously. 3. AMENDED PLAT OF LOT 7, DIVISION 5, AND A PORTION OF DIVISION 2, HIGH DRIVE HEIGHTS Planner Shirk reviewed the staff report. The lots in question are in the unincorporated Estes Valley at the corner of High Drive and Larkspur Road. The larger of the two lots was recorded in 1925, with the smaller lot (Division 2) created a short time later. This proposed amended plat would not create any new lots or building sites. Planner Shirk reported the northern lot is conforming (1/2 acre), while the southern lot is a legal nonconforming lot. The purpose of the amended plat is to adjust the lots so they are equal in size, and provide a larger building area in proposed Lot 2 by increasing the building area from 30- feet wide to 60-feet wide. Planner Shirk stated there was discussion during the study session concerning the lot size. There are currently 85 lots in the High Drive Heights subdivision, and the mean lot size is 0.5 acre. If approved, both lots would be above the median lot size of 0.42 acre. Both lots are currently undeveloped. There is an existing driveway access point off of High Drive. Planner Shirk stated the lot line adjustment would make it easier to build a structure on proposed Lot 2 without having to apply for a variance. An existing sewer easement would be vacated and rededicated in the appropriate location. If approved, Lot 1 would become a flagpole lot, with access along the northwest side of the lots. Lot 2 would also use this access point with a recorded access easement. The Estes Valley Development Code (EVDC) allows driveways to be built three feet from property lines. There would be a width adjustment to ensure the driveway is at least ten feet away from the property line. This request was the result of neighbor concerns directly north of the proposed driveway. Staff RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 June 19, 2012 has requested the area on the northwest corner of proposed Lot 2 be designated as non- buildable to keep the large trees on the property. Planner Shirk stated the application was routed to affected agencies and adjacent property owners. The Light & Power Department stated the existing overhead power line easement was adequate as is. The Larimer County Engineering Department requested the existing access for Lot 2 on High Drive be removed. Planner Shirk stated this would be accounted for the in the joint maintenance agreement. The Utilities Department requested the property be included in the Northern Colorado Water Conservancy District and sub-district prior to being served with town water. Planner Shirk explained the review process for a minor subdivision. A portion of the review process requires approval of a minor subdivision not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of the Code. To lessen the impact of the minor subdivision, staff requested the heavily treed area on proposed Lot 2 be shown as non-buildable, and the access point off of High Drive be removed. If approved, a structure on proposed Lot 2 could be built further away from High Drive. Planner Shirk clarified that the existing Division 2 was a buildable lot, and that changing the lot lines would not change the potential density or use of the property. Staff recommended approval of the amended plat with the findings and conditions recommended by staff. Public comment There was no representative in attendance for the applicant. Karl Lepperman/adjacent property owner stated the description of the application was vague. He opposed the amended plat. He disagreed with the calculation of the lot sizes. He was concerned about the amount and type of structures that could be built on the two properties, as well as possible short-term rentals on the new lots having negative impacts on the neighboring lots. Mr Lepperman stated the area did not have a home owner’s association, which heightened his concern. Town Attorney White stated the flag pole portion of proposed Lot 1 should not be included in the calculation of minimum lot area. Director Chilcott suggested continuing the application to the next regularly scheduled meeting to review the technical question concerning the lot size. It was moved and seconded to (Hull/ Poggenpohl) to continue the Amended Plat of Lot 7, Division 5, and a portion of Division 2, High Drive Heights subdivision to the next regularly scheduled meeting; and, if required, to obtain written approval from the applicant to continue. The motion passed unanimously. 4. REPORTS Director Chilcott reported a pre-application meeting with the owners of Riverview Pines to redevelop the property with lower density. Director Chilcott reported the Pine Knoll Minor Subdivision and The Pines Condominiums Preliminary and Final Condominium Maps would be heard by the Planning Commission and Town Board in August. Director Chilcott reported the Estes Park Medical Center would be submitting an application to add a permanent MRI facility. Director Chilcott reported a new stall barn is being proposed at the Stanley Park Fairgrounds, to be built this fall. In order to begin construction this fall, the review process timeline would be very tight. The existing stall barns are in extremely poor condition. The determination still needs to be made as to whether the stall barns would have multi- RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 June 19, 2012 purpose uses. Commissioner Tucker asked for any information to be passed on to the Planning Commission as soon as possible. Planner Shirk reported on two upcoming variance requests: 1) 2121 Eagle Cliff Road for a deck expansion; and 2) 1700 Big Thompson Avenue for allowance of an off-premise sign at the Estes Park Resort (formerly Lakeshore Lodge). There are several difficult factors involved with this application. Both applications will be heard July 3, 2012, by the Estes Valley Board of Adjustment. Planner Shirk reported two amended condominium maps would be heard by the Town Board on June 26, 2012: 1) Streamside Condominiums: and 2) Tranquil Vail Condominiums. Planner Shirk reported Eagles Crest Resort Supplemental Condominium Map #1 was approved by the County Commissioners May 21, 2012. Director Chilcott reported ongoing discussions with the property owners of 900 W. Elkhorn Avenue concerning the use of the property. A development application is anticipated in the coming weeks, and she expects public comment to be extensive. She reminded the Commissioners of the quasi-judicial rules that apply to the Commissioners, and no discussion about this property should occur outside of a Planning Commission meeting. Director Chilcott reported that development activity has increased. Several stalled projects have restarted. The Community Development Department has received numerous inquiries about new businesses, redevelopment, etc. These discussions will most likely show an increase in applications and reviews by the Planning Commission. She reported building permits for single-family dwellings are double those from this time last year. Chair Klink reported that prior to any discussions about modifying the Estes Valley Comprehensive Plan, a defined purpose and goal should be in place. Also, the elected officials need to be aware of and in agreement with any proposed discussions. Director Chilcott reported the July meeting will include a presentation by Trustee Erickson on the Transportation study. Chair Klink reported the July study session would include a review of the Comprehensive Plan’s Action Plan. Director Chilcott will email the current action plan to the Commissioners in spreadsheet format and allow members to make comments on individual items. The status of individual items in the action plan will be updated. Chair Klink called a seven-minute recess. Town attorney White conducted a training session for the Planning Commissioners concerning Quasi-Judicial/Legislative hearings, Conflict of Interest, the Open Meetings Law and Public Records. There being no further business, Chair Klink adjourned the meeting at 3:32 p.m. ___________________________________ Doug Klink, Chair ___________________________________ Karen Thompson, Recording Secretary Page 1 Town Attorney Memo To: Honorable Mayor Pinkham Board of Trustees From: Gregory A. White, Town Attorney Date: July 12, 2012 RE: Resolution # 07- 12 Extension of Cable Franchise Agreement with Baja Broadband. Background: Baja Broadband Operating Company, LLC is the current Franchisee under the Cable Television Permit Agreement dated July 27, 1993 as modified by Resolution No. 07-06 adopted by the Town Board on May 23, 2006. Section 5 (C) of the Permit Agreement provides that Baja has the option to seek a ten year extension of the Permit Agreement subject to certain conditions. Baja, by written noticed dated May 9, 2012, has requested the ten year extension of the Cable Television Permit Agreement. There is insufficient time to review the terms and conditions of the current Cable Television Permit Agreement with Baja and determine appropriate terms and conditions mutually agreeable to both parties for the requested ten year extension. Resolution No. 07-12 gives Baja and the Town an appropriate period to review the current Cable Television Permit Agreement and negotiate any appropriate changes, amendments, additions, and deletions to the Permit Agreement. The requested ten (10) year extension, including all changes, amendments, additions, and deletions to the Permit Agreement, will be returned to the Town Board for its review and approval prior to October 25, 2012. Also, Resolution No. 07-12 waives the requirement in Section 5 (C) of the Permit Agreement for the 120 day written notice from Baja requesting the ten (10) year extension. Budget: There are no budget implications. Staff Recommendation: Staff recommends approval of Resolution No. 07-12. Sample Motion: I move to approve/deny Resolution No. 07/12. RESOLUTION NO. 07-12 APPROVING AN AMENDMENT TO THE TOWN’S CABLE TELEVISION PERMIT AGREEMENT WHEREAS, Baja Broadband Operating Company, LLC (“Baja”) is the current Franchisee pursuant to the terms and conditions of the Cable Television Permit Agreement dated July 27, 1993; and WHEREAS, pursuant to Resolution No. 07-06 adopted by the Board of Trustees of the Town on May 23, 2006, the term of the Cable Television Permit Agreement was extended for a period of forty-eight months with an expiration date of July 27, 2012; and WHEREAS, Section 5 (C) of the Agreement provides that the Grantee (Franchisee) shall have the option of extending the Permit for an additional ten (10) years subject to certain conditions; and WHEREAS, Baja has submitted a formal request dated May 9, 2012, for the ten (10) year extension of the Cable Television Permit Agreement; and WHEREAS, Section 5 (C) of the Agreement provides that the Grantee (Franchisee) shall provide written notice 120 days prior to the exercise of the option to extend the term of the Permit for an additional ten (10) year period; and WHEREAS, the parties have determined that more time is necessary to review the current Cable Television Permit Agreement and, if appropriate, mutually agree to appropriate terms and conditions for the requested ten (10) year extension of the Agreement; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the public interest to extend the term of the Cable Television Permit Agreement from July 27, 2012 to October 25, 2012 as provided in the Amendment to Agreement, attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK as follows: 1. The Board of Trustees hereby waives the requirement of the 120 days written notice by Baja of its request to extend the Permit Agreement for an additional ten (10) years. 2. The Board of Trustees hereby approves the Amendment to the Cable Television Permit Agreement as more fully set forth on Exhibit A, attached hereto and incorporated herein and by reference. PASSED AND ADOPTED at a regular meeting this ____ day of ____________, 2012. Mayor ATTEST: Town Clerk I, Jackie Williamson, Town Clerk of the Town of Estes Park, Colorado, do hereby certify that the above is a true copy of Resolution No. ______ of the Town of Estes Park on file in my office as part of the official records of the Town of Estes Park, Colorado which are in my custody. ________________________________ Jackie Williamson Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Community Development Director Date: July 24, 2012 RE: Woodland Heights Fire: Rebuilding Program Background: Community Development staff will create a draft resolution for Larimer County Board of County Commission consideration establishing a Woodland Heights Fire Rebuilding Program. The proposed resolution will allow for temporary emergency housing and temporary dwelling in RVs during construction. Staff will follow the County’s lead with the High Park Rebuilding Program. Staff will update the Town Board as the program is developed and will determine how best to assist the one property owner inside town limits whose home was destroyed by the fire. Budget: N/A Recommendation N/A Community Development Memo Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Director Dave Shirk, Planner Date: July 24, 2012 RE: AMENDED SPECIAL REVIEW 06-01C, Estes Park Medical Center, Rob Austin/Applicant. Request to enclose portion of south side of building to accommodate permanent MRI facility. Background: This is a request to build a 1,300 square foot addition to the Estes Park Medical Center. The addition would be an ‘in-fill’ addition that would enclose an existing enclave east of the emergency room. The purpose is to provide permanent MRI and CAT scan facilities to replace the temporary facilities that are trucked in each week. The driveway for the portable MRI truck would remain in place, but would only be used when the permanent facilities are non- operational. Budget: N/A Planning Commission Recommendation: On Tuesday July 17, 2012, the Estes Valley Planning Commission held a public hearing to discuss the Amended Special Review 06-01C. At that time, the Planning Commission found: 1. The application for the proposed special review use mitigates, to the maximum extent feasible, potential adverse impacts on nearby land uses, public facilities and services, and the environment. 2. This request has been submitted to all applicable reviewing agency staff for consideration and comment. 3. This is a Planning Commission recommendation to the Town Board. The Planning Commission voted unanimously to recommend APPROVAL of the Amended Special Review 06-01C CONDITIONAL TO: 1. Final approval of the stormwater report by the Public Works Department prior to Town Board hearing. 2. Existing MRI parking area shall be used only for temporary imaging equipment when permanent equipment is undergoing maintenance. This parking area shall be restricted for use for temporary imaging equipment, and shall not be used for parking of other vehicles. The method of closure shall be subject to review and approval of Public Works, and shall be installed prior to final inspection. Sample Motion: I move for the approval/denial of Amended Special Review 06-01C “Hospital MRI Addition” subject to the findings and conditions recommended by the Planning Commission. Page 1 ENGINEERING Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott A. Zurn, PE, CFM, Public Works Director Kevin Ash, PE, Public Works Civil Engineer Date: July 24, 2012 RE: Bond Park Phase V Design Approval Background: The Bond Park Stakeholder’s Group has directed Town staff to present for approval the final design of Bond Park’s next phase of renovation. This upcoming phase is represented most closely in the Bond Park Master Plan by Phase V. Improvements for Bond Park Phase V will focus on completing the sidewalk and seat wall elements, as well as landscaping, along Elkhorn Avenue, with an add alternative for a shelter at the Virginia Drive/Elkhorn Avenue intersection. Please refer to the attached Exhibit A for a brief schematic of the proposed improvements. Pending approval, staff will proceed to advertise for bids from contractors. Construction is scheduled to begin in the fall 2012 and conclude in the spring of 2013. Staff Recommendation: Public Works recommends approval of the proposed final design of Bond Park Phase V. Public Works also recommends approval to proceed with advertisement for construction bids. Sample Motion: I move for the approval/denial of the proposed final design of Bond Park Phase V. In addition, I move for the approval/denial of the staff directive to proceed with advertisement for construction bids. EXHIBIT A   Administration Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Lowell Richardson, Assistant Town Administrator Date: 7/24/2012 RE: Status of the Transportation and Shuttle Committees Background: The Town Board convened the Transportation and Visioning Committee to problem- solve future transportation needs and issues for Estes Park. The committee completed their task and submitted a comprehensive report to the Town Board earlier this year. It had been requested to revisit and discuss possible future needs of this committee in regards to transportation planning for the Town of Estes Park. In talking with Director Zurn he advised this committee provided a valuable service to staff in planning out transportation needs for the community and is requesting the committee remain available to work with him and his staff in addressing long term and short term transportation planning for Estes Park. Earlier this year the Town Board convened a Shuttle committee to address shuttle services currently provided and recommend possible changes to better serve our community and visitors. The committee over a short period of time agreed continued participation would benefit the future of the shuttle system for Estes Park. It is recommended the shuttle committee continue to work with staff in planning out the Town’s Shuttle system. Budget: N/A Staff Recommendation: Staff recommends continuing both committees through 2013 and re-evaluate the need for both committees at the end of 2013. Sample Motion: I move to approve/deny the continuation of the Transportation Visioning Committee, through the end of 2013 and; I move to approve/deny the continuation of the Shuttle Committee through the end of 2013.