HomeMy WebLinkAboutMINUTES Town Board 2008-12-09Town of Estes Park, Larimer County, Colorado, December 9, 2008
Minutes of a Regular meeting of the Board of Trustees of the Town of
Estes Park, Lurinnar County, Colorado. Meeting held in the Town He|| in
said Town of Estes Pork on the 8th day of Uuuennbor' 3008. Meeting
called to order by Mayor Pro Tern Levine.
Present:
Also Present:
Mayor Pro Tern Chuck Levine
Trustees Eric B|aokhurst
Oor|aBoon|ouor
John Ericson
Richard Honoaier
Jerry Miller
Greg White, Town Attorney
Jacquio Hn|burnt' Town Administrator
LnvvnU Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: VViUiann C. Pinkhann' Mayor
Mayor Pro Tern Levine md|od the meeting to order at 7:00 pm. and all desiring todo
so, recited the Pledge of Allegiance.
PRESENTATION.
Mayor Pro Tern Levine presented Town Administrator Ho|bumt with a plaque from the
National League of Cities honoring the Town of Estes Park for 30 years of membership
and dedicated service in shaping and advocating National Municipal Policy.
PUBLIC COMMENT.
TOWN BOARD COMMENTS.
Trustee B|aohhurst reminded the public that the Estes Park Housing Authority would
meet Wednesday, December 10, 2008 at 8:30 a.m. in Room 203.
Trustee Ericson stated the newly o|euhsd Congresswomen Betsy Markey would be
carrying the Wilderness Bill through the House.
Trustee Homeier commented the National League of Cities has advocated over the
years for Community Development Block Grants. These grants have helped build the
Salud Clinic and most recently the purchase of a safehouse by the Victim Advocates.
Trustee Bmm|auerannounced the Rooftop Rodeo was awarded the PRCASmall
Rodeo of the year award for 2008.
Mayor Pro Tern Levine reminded the public the second Town Board meeting on
December 23, 2008 has been cancelled.
1. Special Town Board Meeting Minutes dated November 17. 2008 and
December 2, 2008. Town Board Minutes dated November 25. 2008 and
Town Board Study Session dated November 25, 2008.
2. EHUn.
3. Committee Minutes:
Board of Trustees — December 9, 2008 — Page 2
A. Public Safety, November 20, 2008.
B. Public Works, Special Meeting, November 20, 2008.
1. CVB Arboretum Master Plan - $15,000.
4. Estes Valley Board of Adjustment, October 7, 2008 (acknowledgement only).
It was moved and seconded (Eisenlauer/Miller) the Consent Agenda be approved,
and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS.
1. AMS Update — Performing Arts Theater. Arthur Greenburg/AMS Planning
and Research completed a pro forma for the increased seating capacity from
356 to 433 seats. The increased seating capacity has a number of groups
interested in utilizing the theater during the summer months. The pro forma
report indicates that the annual operating loss would be $215,277 based on
256 event days with rental revenue of $107,655. However, the facility would
be a non-profit eligible to receive donations, fundraise and collect
sponsorships. The estimated economic impact to the Town of Estes Park
would be approximately $2.1 million.
Chris Wood/SOPA stated $1.3 million has been raised to date. SOPA has
hired a professional consultant and grant writer to move the fundraising
forward.
3. PLANNING COMMISSION AGENDA:
1. ACTION ITEMS:
A. VESTING PERIOD EXTENSION
1. Streamside on Fall River Development Plan 05-05, Lot 1 of
Streamside Amended Plat, Curt Thompson/Applicant. Mayor Pro
Tem Levine opened the public hearing. Director Joseph stated the
Development Plan was approved by the EVPC on October 18,
2005. The three-year statutory vesting period expired October
2008. The plan proposed construction of 24 accommodation units
and parking within 30 feet of Fall River. Planning Commission is
currently discussing code changes that would create greater river
setbacks and wildlife impact mitigation. These changes if adopted
would have a significant impact on any new approval on this site.
Lonnie Sheldon/Van Horn Engineering stated the owner has been
reconsidering the approved density on the lot; however, the owner
requests the 30-foot river setback remain for the approved
Development Plan. The owner has agreed to renew the currently
expired Letter of Credit and pay for the recent Fall River trail
improvement on the property. The owner requests a 12-month
extension of the Development Plan with the intent of applying for a
building permit within the 12 months.
Mayor Pro Tem Levine closed the public hearing and it was moved
and seconded (Homeier/Blackhurst) to approve a one year
extension of the vesting period for Development Plan 05-05,
and it passed unanimously.
B. SPECIAL REVIEW
Board of Trustees — December 9, 2008 — Page 3
1. Special Review 08-03, Circle of Friends Montessori School, Lot 1,
Masonic Subdivision, John Kamprath and Kay Lawson/Applicants.
Mayor Pro Tem Levine opened the public hearing. Director Joseph
reviewed the staff report. The application requests the operation of
a daycare facility in the Masonic Lodge building zoned R-2 Two
Family Residential. A temporary -use permit was approved by staff
in September 2008 and the permit expires on December 9, 2008.
The permit was issued to allow the school to operate at the new
location during the special review process. EVPC recommended a
number of code waivers and conditional approval since the Lodge
is a temporary location for the Montessori School, including
expiration of the approval on March 24, 2010. Additional
improvements (life safety issues) would need to be made if the
school decides to remain at this location permanently.
Kay Lawson/Director of the Montessori School stated the school
has begun preparing a reapplication to remain at the Masonic
Lodge if necessary; however, they are actively searching for a
permanent location.
Mayor Pro Tem Levine closed the public hearing, it was moved
and seconded (Eisenlauer/Miller) to approve Special Review 08-
03, and it passed unanimously.
4. ACTION ITEMS:
1. ESTES PARK LOCAL MARKETING DISTRICT (LMD) 2009 BUDGET.
Town Administrator Halburnt stated the LMD Board approved a 2009 Budget
on December 2, 2008. The draft budget was amended and reduced by
$163,000 to a final budget of $124,115 with estimated revenues of
approximately $1 million. The budget is a component of the Operating Plan.
Trustee Ericson requested the LMD Board keep the Town Board informed on
how the contingency funds are spent as the year moves forward.
It was moved and seconded (Blackhurst/Eisenlauer) to approve the Estes
Park Local Marketing District 2009 Budget, and it passed unanimously.
2. PUBLIC HEARING — FALL RIVER V - XI ANNEXATION — RESOLUTION #24-
08 & ORDINANCE #17-08 — PUBLIC HEARING.
Mayor Pro Tem Levine opened the public hearing. Planner Shirk stated a
Development Plan 07-14 was approved by the EVPC on September 2007 for a
12 room Bed and Breakfast/wedding facility. A part of the approval by the
EVPC was for the property to be annexed. An annexation agreement was
approved in March of 2008, including the payment of half the annexation costs.
The additional property annexed with this process is roadway and Town owned
property, Fish Hatchery. The total annexation includes 88.56 acres. There
would be no additional expenses for the Town with police or snowplowing
because the Town owns a large portion of the property.
Attorney White read the Resolution and Ordinance into the record. There
being no further testimony, Mayor Pro Tem Levine closed the public hearing,
and it was moved and seconded (Miller/Blackhurst) Resolutions 24-08 and
Ordinance 17-08 be approved, and it passed unanimously.
3. OPEN SPACE STUDY.
Item removed from the agenda.
Board of Trustees — December 9, 2008 — Page 4
4. 2008 BUDGET — SUPPLEMENTAL BUDGET RESOLUTION #25-08.
Finance Officer McFarland reviewed the 2009 budget process that began in
June and was finalized in November. A supplemental appropriation resolution
allows a municipality to authorize additional money for a specific fund than was
originally adopted. Ten funds are expected to exceed the original budget: the
General Fund by $128,000, Museum Fund by $1,200, Senior Center Fund by
$5,400, Open Space Fund by $82,000, CVB Funds by $177,000, Fire Fund by
$61,810, Water Fund by $897,405, Medical Fund by $1,890, Fire Pension by
$1,100 and Police Pension by $825. After further discussion, it was moved
and seconded (Ericson/Homeier) Resolution #25-08 be approved, and it
passed unanimously.
5. SUNRISE ROTARY LABOR DAY CRAFT FAIR.
Deputy Town Administrator Richardson stated Sunrise Rotary approached the
Community Development Committee to reinstate the Labor Day Arts and Crafts
Fair in Bond Park for 2009 as a fundraising event. Prior to 2008 the Estes
Park Volunteer Fire Department held the holiday weekend event for twenty-six
years as a fundraiser for the department. In the past this event has garnered
negative feedback from the downtown business owners that have reported an
impact on their sales. Sunrise Rotary representatives met with business
owners to ascertain current opinion and views of business owners and
reported to the Committee an overwhelming 85% support of the event. Staff
conducted a second survey with 123 responses that confirmed the Sunrise
Rotary's informal survey with 84% supporting an arts and crafts fair in Bond
Park during the Labor Day weekend.
Jane Schoen and Harriett Woodard/Sunrise Rotary representatives stated the
event has a long history in town and would raise approximately $28,000 to be
used within the community. The event generates sales tax and supports the
businesses downtown. If the event is reinstated, issues such as traffic and
parking would be addressed. Marketing tactics have also been discussed to
encourage craft fair attendees to visit downtown shops.
Those speaking against the reinstatement included Maureen Marsh/Downtown
Business Owner and Dr. James Durward/Town Resident. Comments included:
business owners are not in favor of the event; the Town Board should be
concerned with the number of vacant stores and loss of jobs; money from the
event leaves Estes Park and is spent down valley; the Town should protect
local businesses; and special events should be held at Stanley Fairgrounds to
limit the conflict between the special events in Bond Park.
Those speaking in favor of the reinstatement included Sandy Osterman/Town
Resident, Bruce Johnston/Town Resident and Rotary Member, Sandy
Burns/County Resident and Rotary Member, Connie Dyer/Town Resident,
Heather Stone/Town Resident, Greg Dannels/County Resident and Karen
Jursa/Downtown Business Owner. Comments included: vendors spend money
while in town for the event on lodging, food and entertainment; the Town
should be consistent with policy and not allow any craft fairs in Bond Park if the
Labor Day fair is not reinstated; the event brings people to town and creates
additional sales potential for businesses; events in Bond Park bring more
people to the downtown shops and increased sales revenue; would encourage
the Town to have more events during the tourist season; sales were less
during Labor Day without the craft fair; and the craft fair promoters provide
Estes Park with free advertisement.
Trustee comments are summarized: The Rotary club intends to use the
proceeds to support the community; the Town should be concerned with the
Board of Trustees — December 9, 2008 — Page 5
economic sustainability of Estes Park and should ensure dollars spent in Estes
stay in Estes; viability of the retail sector should be the overriding concern;
special events encourage Estes Park citizens to come downtown when they
would otherwise avoid the traffic; and the Bond Park Master Plan needs to
address the uses of the park and the issues derived from those uses, i.e.
parking, competition and traffic.
After further discussion, it was moved and seconded (Blackhurst/Homeier) to
approve the Labor Day Arts and Crafts Fair to be operated by the Sunrise
Rotary Club, and it passed with Trustee Ericson voting "No".
Mayor Pro Tem Levine called a ten minute break at 9:53 p.m. and reconvened the
meeting at 10:03 p.m.
6. ORDINANCE #18-08, AMENDMENT TO THE MODEL TRAFFIC CODE,
PARKING ALONG CRABAPPLE LANE.
Director Zurn stated the Public Works Department has had difficulties
maintaining access for snowplowing and emergency vehicle access through
Crabapple Lane because of vehicles parked on the street. Crabapple Lane is
a 22-foot wide roadway that was not designed nor intended to have on -street
parking. The issue was discussed at the Public Works Committee meeting on
November 20, 2008 in which staff requested no parking on the street at all
times. The Committee requested staff review altematives other than no
parking as the affordable housing development does not have ample parking
for guests. Staff reviewed options including parking on one side of the
roadway and restricting traffic to a one-way street. Each alternative presents
further issues including an increase potential for accidents, inadequate area
for snow storage windrows, snow removal equipment, and emergency
equipment access. He also stated a further connection to the roadway would
impact the roadway further and the issue should be addressed prior to this
connection. Therefore, staff recommends amending the Model Traffic Code to
restrict the parking on Crabapple Lane.
Director Joseph stated the Development Plan was designed to maximize the
number of affordable units as possible; however, the number of parking spaces
met the code requirements at that time. He stated the roadway was not
designed to accommodate on -street parking.
Art Messal/HOA President stated without the street parking there would be no
where for guests to park. The HOA has worked and will continue to work with
residents to enforce the subdivision's covenants. He suggested parking be
allowed on one side of the roadway in those areas that would be safest.
Corrine Dyer/HOA Board member would be in favor of no parking on the
roadway for safety and esthetics. However, her husband stated parking should
be allowed on the roadway adjacent to the sidewalk and the entire roadway
marked as a snow route. She stated a one-way roadway would not be an
inconvenience to the residents of the subdivision.
Rich Dixson/Town and HOA Resident reiterated there is no parking for guests
of the subdivision. He would encourage the Town to create a one-way street
with parking on one side of the roadway.
Carla Van Drie/Town and HOA Resident stated low income housing tends to
have more cars because of roommates.
Board of Trustees — December 9, 2008 — Page 6
Trustee comments are summarized: questioned if staff had considered options
such as time limits, snow routes or other parking alternatives for the
subdivision; closing the street would not serve a purpose and would not serve
the subdivision or the community; and accommodations need to be made for
guest parking that does not impede emergency access.
Town Attorney read the Ordinance into the record. After further discussion, it
was moved and seconded (Miller/Homeier) to deny Ordinance 18-08, and it
passed unanimously. Trustee Miller requested staff prepare an Ordinance to
be considered at the next Town Board meeting to designate parking on
Crabapple Lane adjacent to the sidewalk, mark the opposite side as no parking
and designate the roadway as a snow route.
7. THIRD AMENDED INTERGOVERNMENTAL AGREEMENT (IGA) FOR THE
ESTABLISHMENT OF THE LARIMER COUNTY EMERGENCY TELEPHONE
AUTHORITY (LETA).
Town Administrator Halburnt stated the Authority was created nearly eighteen
years ago, and since that time there have been a number of amendments. The
Third Amended IGA requests substantial changes to the original Agreement
including the annual surcharge to be set by the LETA Board of Directors,
abolishment of term limits for the LETA Board and a vote of three-quarters of
the parties on future amendments. The current surcharge is 45 cents per
month per landline or wireless access and would be capped at 70 cents per
month. After further discussion, It was moved and seconded
(Homeier/Eisenlauer) to approve the Third Amended Intergovernmental
Agreement with LETA, and it passed unanimously.
8. TOWN ADMINSTRATOR CONTRACT.
Mayor Pro Tem Levine stated Mayor Pinkham and Trustee Eisenlauer finalized
negotiations with Administrator Halburnt for a three year contract. Trustee
Homeier commented he would not vote in favor of the contract because of the
principle assumptions, process and precedent of the contract. It was moved
and seconded (Eisenlauer/Miller) to approve a three year Town
Administrator Contract with Jacqueline Halburnt, and it passed with
Trustee Homeier voting "No".
9. TOWN ADMINISTRATOR REPORT.
None.
10.ADJOURN.
Whereupon Mayor Pro Tem Levine adjourned the meeting at 11:15 p.m.
Chuck Levine, Mayor Pro Tem
Jackie Williamson, Town Clerk