The URL can be used to link to this page

Home My WebLink AboutMINUTES Town Board 2010-02-09Town of Estes Park, Larimer County, Colorado, February 9, 2010 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 9`h day of February, 2010. Meeting called to order by Mayor Pinkham. Present: Also Present: Mayor Pinkham Mayor Pro Tem Chuck Levine Trustees Eric Blackhurst Dorla Eisenlauer Richard Homeier Jerry Miller Greg White, Town Attorney Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Jackie Williamson, Town Clerk Absent: John Ericson, Trustee Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT Mark Elrod/Town citizen questioned the costs associated with the Open Records Policy with regard to documents that already exist electronically. David Habecker/Town citizen requested the Board refrain from reciting the `under God' pledge. TOWN BOARD COMMENTS. Trustee Blackhurst reminded the public that the Estes Park Housing Authority meeting would be held on Wednesday, February 10, 2010 at 8:30 a.m. in Room 130. 1. CONSENT AGENDA: 1. Town Board Minutes dated January 26, 2010, Town Board Study Session Minutes dated January 12, 2010 and Town Board Special Meeting Minutes dated January 18, 2010. 2. Bills. 3. Committee Minutes: A. Public Safety, January 21, 2010. 1. 2010 Estes Valley Victim Advocates Contract. 2. Intergovernmental Agreement with Colorado State University for Mutual Assistance. B. Public Works, January 28, 2010. 1. Temporary Easement, Undergrounding of Overhead Utility Services: i. Lot 1, Elley Subdivision, A Resubdivision of Lots 13, 14 & 15, Thomas Resubdivision, 830 Comanche Street. Board of Trustees - February 9, 2010- Page 2 ii. Portion of Lot 16 and 17, Amended Plat of Thomas Resubdivision of a part of Lot 41, Little Prospect Mountain Addition, 880 Comanche Street. 2. Temporary Construction Easement: i. Tract 1, Deats Subdivision, Lots 1, 2 and 3, Block 1, Country Club Manor Addition, 401 Elm Avenue. ii. Tract 3, Deats Subdivision, Lots 4, 5 and 6, Block 1, Country Club Manor Addition, 411 Elm Avenue. iii. Tract 2, Deats Subdivision, Lots 1, 2 and 3, Block 1, Country Club Manor Addition, 408 Fir Avenue. 3. Permanent Access, Utility & Drainage Easement: i. Tract 1, Deats Subdivision, Lots 1, 2 and 3, Block 1, Country Club Manor Addition, 401 Elm Avenue. ii. Tract 3, Deats Subdivision, Lots 4, 5 and 6, Block 1, Country Club Manor Addition, 411 Elm Avenue. iii. Tract 2, Deats Subdivision, Lots 1, 2 and 3, Block 1, Country Club Manor Addition, 408 Fir Avenue. 4. Permanent Easement for Underground Electric, Telephone, Fiber Optics and Cable: i. Portion of Lot 16 and 17, Amended Plat of Thomas Resubdivision of a part of Lot 41, Little Prospect Mountain Addition, 880 Comanche Street. It was moved and seconded (Levine/Miller) to approve the consent agenda, and it passed unanimously. 2. LIQUOR ITEMS. 1. RENEWAL APPLICATION FILED BY EVEREST FOOD STORE LLC dba EAST SIDE EVEREST FOOD STORE, 381 S. SAINT VRAIN AVENUE. Town Clerk Williamson stated liquor license renewals are handled administratively through the Clerk's Office; however, the Board requested the licensee come to the Town Board to discuss the recent liquor violation that occurred during the November 14, 2009 alcohol sales compliance check conducted by the State Liquor Enforcement Division. Mr. Shrestha explained the circumstances surrounding the sale to a minor and reaffirmed that identification is checked during the sale of tobacco and alcohol. The Board impressed upon the owner the seriousness of the violation and after further discussion, it was moved and seconded (Eisenlauer/Blackhurst) to approve the renewal of the 3.2% Off -Premise liquor license for Everest Food Store LLC dba East Side Everest Food Store, and it passed unanimously. 3. REPORTS AND DISCUSSION ITEMS: 1. TOWN ADMINISTRATOR REPORT. • Recent upgrades to the Town Board Room would allow for the meetings to be captured digitally and posted on the Town's website. • A candidate information forum would be held by the Town Clerk's Office on Thursday, February 11, 2010 at 6:00 p.m. in the Board Room. All interested candidates were encouraged to attend. 4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. Ordinance #05-10, Amendments to the Wildlife Code Amendments to the Estes Valley Development Code - Public Hearing. Director Joseph stated the Town Board approved code changes on September 22, 2009 related to wildlife. These changes were reviewed by the County Board of Trustees — February 9, 2010— Page 3 Commissioners in November 2009. Based on public comment, the Commissioners recommended the Development Code retain the ability to require wildlife conservation plans for sites containing raptor nests; staff retain the ability to determine whether a consultant is qualified to prepare a wildlife conservation plan; and for clarity, staff has revised Section 7.8.F.3 by replacing the terms "wildlife studies and mitigation plans" with "wildlife conservation plans". Discussion followed amongst the Board regarding the effects of reinstating raptor nests as a trigger for a wildlife conservation plan and buildable areas related to nesting sites. Trustee Homeier expressed concern with the addition and the possibility of creating more restrictions on the development of private property. Those speaking in favor of the additional code language included Sandy Osterman/Town citizen, Bob Ernst/Town citizen and Fred Mares/Town citizen. Raptor nests need to be identified and care taken to limit human disturbance by creating buffer zones. The reinstatement of raptors as a trigger for a conservation plan would aid staff and the Town Board in making better decisions on development throughout the valley. David Habecker/Town citizen questioned the effect code amendments might have on existing developed properties. The Development Code requires more landscaping that attracts more wildlife. Charlie Dickey/Town citizen encouraged the Board to provide as many opportunities as possible for making decisions relative to development and the conservation of animals. Joanna Darden/Town citizen spoke against any changes to the current wildlife code requirements in the Development Code. She requested the Board reject the code changes, stressing the importance of protecting the wildlife in the valley. After discussion, it was moved and seconded (Levine/Miller) to approve Ordinance #05-10 regarding Wildlife Amendments to the Estes Valley Development Code, and it passed with Trustee Homeier voting "No". 4. ACTION ITEMS: 1. RESOLUTION #05-10 RE -APPROPRIATION OF 2009 ENCUMBERED FUNDS TO 2010 BUDGET. Certain Town departments have entered into contracts for goods and/or services that were not fulfilled by year-end December 31, 2009. In order to keep only one budget year open, 2009 encumbered funds are re -appropriated into the current budget year. Finance Officer McFarland requested Resolution #05-10 be approved, re -appropriating approximately $3.1 million to be carried forward into the current budget year, and explained that the re -appropriation would have no net effect on the fund balances. The bulk of the rollovers for 2009 are due to the following projects/purchases: design for the Multi -Purpose Event Center (MPEC), grandstand construction, water treatment plant construction (one third of total rollover), infrastructure improvements and vehicle replacement. It was moved and seconded (Blackhurst/Levine) that Resolution #05-10 be adopted, and it passed unanimously. Board of Trustees — February 9, 2010— Page 4 2. EXTENSION OF HDR CONTRACT FOR MARYS LAKE WATER TREATMENT PLANT. Director Goehring stated change orders and the cost of additional construction management services have increased HDR's contract by $94,677.78 due in part to design flaws and subcontractor related issues. HDR has agreed to provide the Water Department with a credit ($89,677.78) toward services renders to include, additional construction management services to complete the MLWTF and to prepare Phase 2 of a feasibility study for the expansion and modification of the Town's treatment facilities and distribution system to identify future needs and costs. After further discussion, it was moved and seconded (Blackhurst/Miller) to approve HDR's proposal for a change order credit in the amount of $89,677.78, to be applied to fees associated with additional engineering services for the commissioning of the Marys Lake Water Treatment facility, and the feasibility study with additional costs of the study from #503-6500-560-22-02, and it passed unanimously. 3. BOND PARK MASTER PLAN. Director Zurn commented the proposed plan was developed by Winston Associates, Inc. during the past six months with public input including focus groups, public meetings and informal surveys. The Master Plan is a flexible plan that may need to be altered as it in implemented. Paul Kuhn/Winston Associates and Jamie Licko/Progressive Urban Management Associates presented the plan that focuses on active and passive use, flexibility, adaptability, limits size of events, year-round activation, and accommodate winter uses. Three designs were presented to the stakeholder group and the public for consideration and all three received positive feedback. The popular design aspects have been included in the final proposed plan, including moving special event tents onto MacGregor Avenue and Park Lane, ice rink with natural ice, fire pit with a shade shelter, diagonal sidewalk through the park, Elkhorn Avenue seating plaza, one-way MacGregor Avenue northbound, rock outcrop stage in northwest corner with a seasonal shade structure, small water feature in northwest corner, gateway shelter, play elements for small children, and relocate statutes and monuments currently in the park. The plan also addresses the need to keep views open to the businesses on Park Lane and preserve most of the green space within the park. The total cost of the phased project would be approximately $2 million and with $250,000 in annual funding would require six phases to complete in the following order: MacGregor Avenue renovations; northeast plaza; Park Lane festival promenade; main park area and Elkhorn Avenue improvements; fire pit, stage, children's sculpture, and the tree plazas on Elkhorn; and gateway shelter, other structures and water feature. After discussion, it was moved and seconded (Eisenlauer/Miller) to approve the Bond Park Master Plan, and it passed unanimously. The Board stated their appreciation for the process and the professionalism of the consultants. Town Administrator Halburnt stated staff would develop a phasing plan and present it to the Public Works Committee. Whereupon Mayor Pinkham adjourned the meeting at,9:20 p.m. William C. Pinkham, Mayor ie Williamson, Town Clerk