HomeMy WebLinkAboutMINUTES Town Board 2010-11-23Town of Estes Park, Larimer County, Colorado, November 23, 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 23`d day of November, 2010. Meeting
called to order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Mark Elrod
Wendy Koenig
Jerry Miller
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Town Attorney White
Cynthia Deats, Deputy Town Clerk
Absent: Trustee Ericson
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
RESOLUTION OF RESPECT — "COMMUNITY THANKSGIVING FEAST".
Mayor Pinkham honored Larraine Darling and Steve Misch for the time and effort they
contribute to the planning, preparation, and success of this Thanksgiving event.
RESOLUTION OF RESPECT.
Retiring Community Development Director Robert B. Joseph, was honored for his years
of service to the Town of Estes Park.
ROOFTOP RODEO RECOGNITION.
Rooftop Rodeo Committee members presented Mayor Pinkham with a plaque
recognizing the Rooftop Rodeo as the "Best Medium -Sized Rodeo in the Professional
Rodeo Cowboys Association Mountain States Circuit."
PUBLIC COMMENT.
None
TOWN BOARD COMMENTS.
Trustee Blackhurst encouraged the public to participate in the Citizen's Policy Academy
(CPA) which will be held January 10, 2011, through February 10, 2011. Sessions will
be held on Monday and Thursday evenings from 6 p.m. till 9 p.m.
Mayor Pro Tem Levine said the Estes Park Pride Awards honor citizens in the
categories of Volunteer of the Year, Business Person of the Year, Teacher of the Year,
and acknowledge a graduating high school senior for community service activities, and
urged the community to nominate those deserving of recognition.
Trustee Koenig said she recently returned from a visit to Rocky Mountain National
Park's sister park in the Tatra Mountains of Slovakia.
Trustee Miller said that November 27th is "Small Business Saturday' and encouraged
the public to patronize local businesses for their holiday shopping.
Mayor Pinkham said a publicity shoot celebrating the holiday season was filmed for
broadcast on Channel 9 on Monday, November 29`h
Board of Trustees — November 23, 2010 — Page 2
1. CONSENT AGENDA:
1. Town Board Minutes dated November 9, 2010, and Town Board Study
Session Minutes dated November 9, 2010.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities, Public Works Committee, November 11, 2010.
1. Contract for Fall River Retaining Wall at Wiest Drive, Mountain
Concrete Company, $32,696.16.
4. Estes Valley Board of Adjustment Minutes dated October 5, 2010
(acknowledgement only).
5. Estes Valley Planning Commission Minutes dated October 19, 2010
(acknowledgement only).
It was moved and seconded (Levine/Blackhurst) the Consent Agenda be approved,
and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. TOWN BOARD LIAISON UPDATES.
Trustee Blackhurst said agreements related to the Estes Park Housing
Authority (EPHA) assuming management responsibilities for Talon's Pointe
and Lone Tree apartment complexes have been completed enabling the
EPHA to save money and return funds to the Town against their loan.
Trustee Elrod reported on the November 16th meeting of the Estes Valley
Planning Commission (EVPC) and noted topics of discussion included
impervious surfaces and accessory dwelling units.
Trustee Miller said the Local Marketing District (LMD) met last week and
discussed their destination marketing plan for 2011 which will target specific
markets, and invited the public and the Board to attend the LMD meeting
scheduled for December 7t at 2:00 p.m. in the Town Board room.
2. TOWN ADMINISTRATOR REPORT.
• The Light and Power Department recently sponsored events at local
hardware stores encouraging consumers to switch from incandescent
Christmas bulbs to energy -efficient lighting. 214 strands of incandescent
lights were exchanged for coupons good for $3 towards the purchase of
LED Christmas lights.
• Holiday activities planned for Friday, November 26, 2010, include hayrides,
visits with Santa and his elves, and the Catch the Glow Parade.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEMS:
A. Outdoor Display of Merchandise Amendment to the Estes Valley
Development Code (EVDC) — First Reading/Public Hearing. Planner
Chilcott said two changes are proposed to the code: one updating a
reference to the Larimer County Sign Code, and the second limiting
the size of temporary outdoor sales and storage areas. The Sign
Board of Trustees — November 23, 2010 — Page 3
Code Task Force recommended regulating the outdoor display of
merchandise through the Development Code rather than the Sign
Code; outdoor display of merchandise was removed from the recently
adopted Sign Code. The revision would limit temporary outdoor sales
to 10% of the gross lot area in the CO Outlying Commercial Zoning
District and the 1-1 Restricted Industrial Zoning District. Permits for
temporary sales would still be required with the term of the temporary
permit not exceeding 60 days. Planner Chilcott said the revision does
not address downtown sidewalk sales as it is geared towards longer
term sales and does not apply to activity within the CD Zoning District.
Trustee Miller suggested, for clarity, that the permit term be described
as being 60 consecutive days. Staff will review the code for other
references to the permit term to see if this language is included in the
definition section of the code and report back at the next Town Board
meeting. It was moved and seconded (Levine/Miller) to continue
the public hearing to the December 14, 2010, Town Board
meeting, and it passed unanimously.
B. Ordinance #25-10 — Rezoning — A metes and bounds parcel located at
440 Valley Road from E-1 Estate to RM Multi -Family Residential.
Said property was rezoned from CO -Outlying Commercial to E-1
Estate during the adoption of the Estes Valley Development Code in
2000. The property has been utilized as multi -family residential since
1987, which was a permitted use in the CO Outlying Commercial
zoning district. The applicant is requesting a corrective rezoning to
RM Multi -Family Residential. Planner Chilcott stated that during the
EVDC adoption in 2000 Larimer County Assessor records were used
to identify existing land uses which inaccurately listed said property as
single-family. She stated that had accurate information been available
in 2000, staff would have made the recommendation to zone the
property RM Multi -Family. The Estes Valley Planning Commission
(EVPC) has reviewed the application and unanimously recommended
approval. Staff received one letter opposing the rezoning.
PUBLIC COMMENT.
Denise DeLaney Borda, applicant, read a prepared statement outlining
how the property has been utilized since purchased by her family in
1986, said it is her family's desire to improve the usability and appeal
of the property, and asked that the recommendation of the EVPC be
followed. Atty. White read Ordinance #25-10 into the record.
It was moved and seconded (Blackhurst/Elrod) to approve
Ordinance #25-10 rezoning a metes and bounds property located
at 440 Valley Road, and it passed unanimously.
4. ACTION ITEMS:
1. PUBLIC HEARING — 2011 BUDGET — ADOPTION. Mayor Pinkham opened
the public hearing and Finance Officer McFarland reviewed the budget
adoption process and discussed the Highway User's Trust Fund. He said that
the Fund consists of shared revenue, primarily derived from fuel tax and
vehicle registrations, and estimated that in 2011 the Town will receive
approximately $273,800, an increase from 2010 of approximately $30,000, to
be utilized on projects such as street improvements, snow removal and plow
blade work, vehicle and equipment usage, and traffic control items. As there
was no public comment, it was moved and seconded (Levine/Koenig) to
approve the Highway User's Trust Fund as presented, and it passed
unanimously. Town Administrator Halburnt informed the Board that $.22 from
each gallon of gas purchased goes into the Highway User's Trust Fund.
Board of Trustees — November 23, 2010 — Page 4
Finance Officer McFarland continued by presenting Resolution #15-10 to set
the mill levy which is required in order to allow the Town to levy and collect
property taxes. Calculation of the mill levy is accomplished by using
information from the Department of Local Affairs (DOLA) and for 2011 will be
set at 1.822 mills, which will yield approximately $347,684 in property taxes.
This is not a property tax increase but rather a restoration of the mill levy to
1.822 mills which is where the mill levy was capped when the Taxpayers Bill of
Rights (TABOR) was passed in 1992. As there was no public comment, it was
moved and seconded (Levine/Blackhurst) to approve Resolution #15-10
setting the mill levy at 1.822 mills, and it passed unanimously.
Approval of Resolution #16-10 will adopt the budget for 2011. As there was no
public comment, it was moved and seconded (Miller/Koenig) to approve
Resolution 16-10 adopting the 2011 budget, and it passed unanimously.
Adoption of Resolution #17-10 appropriates sums of money to execute the
budget and states that revenues within each fund are sufficient to support
expenditures. As there was no public comment, it was moved and seconded
(Levine/Blackhurst) to approve Resolution #17-10 appropriating sums of
money, and it passed unanimously.
2. ORDINANCE #26-10 BUILDING CONTRACTOR LICENSING.
Director Joseph stated that subsequent to the passage of a building contractor
licensing requirement by Larimer County and in order to provide consistency
between jurisdictions, staff used Larimer County's program as a template to
produce a qualifications -based contractor licensing program for the Town. To
be issued a license, a contractor must hold a current Town of Estes Park
business license and either pass an International Code Council (ICC) exam,
possess a license from another Colorado jurisdiction with similar standards, or
satisfactorily document experience in their field. Contractors who meet the
requirements will be issued a building contractor license by the Chief Building
Official (CBO).
Trustee Koenig expressed concern that licensing would make it difficult for an
individual to get started in business as a building contractor. She also
questioned how licensing would affect individuals wishing to work on their own
properties, or to have family members do work on their properties. CBO
Birchfield said a contractor would not be subject to getting a contractor license
if working under another licensed general contractor and in this way could
work and acquire experience in the construction trades. He said homeowners
are allowed to work on the property they own and occupy and that the
homeowner would be allowed to act as general contractor for a project on their
home without obtaining a contractor license. However, any subcontractor
hired by the homeowner acting as a general contractor would be subject to
building contractor licensing requirements.
PUBLIC COMMENT.
Frank Theis, Town resident, expressed concern with adding regulations when
they are not needed, stating he is unaware of any situations in the past 11
years that merit adopting building contractor licensing requirements. He is
also concerned with the effect licensing will have on home owners and
business owners who normally do work on their own properties.
Judy Nystrom, Town resident, addressed the Board on behalf of Habitat for
Humanity. She read a statement prepared by Joe and Mary Liz Adair, co -
presidents of Habitat for Humanity, related to the financial burden contractor
licensing would create if those volunteers working on Habitat homes are
required to become licensed. CBO Birchfield said the ordinance speaks to
Board of Trustees — November 23, 2010 — Page 5
people being compensated for their work, which would exclude volunteers from
the licensing requirement. Atty. White concurred that volunteers are not
subject to the ordinance.
Paul Brown, Town resident, said he took the ICC exam and became licensed in
Larimer County, and reviewed his experience with the licensing process. He
said no evidence has been presented that illustrates a serious threat to the
health, welfare, or safety of the community that would create a need for
building contractor licensing. He said taking a test is no assurance of quality,
and expressed concern for shop and business owners who work on their own
properties.
Trustee Koenig voiced opposition to approval of Ordinance #26-10 stating it
will drive up construction costs and rental costs, and add an unnecessary level
of bureaucracy. Mayor Pro Tem Levine said he supports the ordinance to
ensure public safety. Trustee Miller said contractor licensing is a common
practice and the ordinance is an attempt to provide uniformity across the Estes
Valley.
Attorney White read Ordinance #26-10 into the record. It was moved and
seconded (BlackhurstlLevine) to approve Ordinance #26-10 Building
Contractor Licensing, and it passed. Those voting "Yes" Trustees
Blackhurst, Elrod, Miller, and Mayor Pro Tem Levine. Those voting "No"
Trustee Koenig.
3. TRANSPORTATION HUB — INCREASE SCOPE OF WORK.
In spring 2009, Public Works contracted with David Evans Associates (DEA) to
develop and design a park and ride -type transportation hub at Stanley Park
Fairgrounds to allow the Town to compete for American Recovery and
Reinvestment (ARRA) funds. Although unsuccessful in securing ARRA funds,
the Town did obtain state Congestion Mitigation and Air Quality (CMAQ) grant
funding to construct the project. At the same time, utility infrastructure and
drainage systems were to be designed as part of a multi -purpose events center
(MPEC) project, which is currently unfunded. Staff is recommending
increasing the scope of work of the original $27,241 contract with DEA, in the
amount of $37,178, for a total of $64,419, to include utility infrastructure and
drainage systems now necessary for construction of the transportation hub.
Project Manager Sievers said the increased scope would include a storm water
system and detention basin, extend water and sewer mains, a lighting plan,
irrigation and landscaping plans, plans for a pedestrian shelter on Manford
Avenue, and communication lines for future use. Proposed completion of the
transportation hub project is June 2011.
Trustee Blackhurst said this item was referred to the full Board by the Public
Safety/Utilities/Public Works (PUP) Committee and that it makes sense to
extend the contract with the original designer to complete infrastructure work
that needs to be done. Mayor Pro Tem Levine and Trustee Miller expressed
concern with the transportation hub not having been subject to a competitive
bidding process and asked if these improvements had already been developed
in conjunction with the MPEC design. Town Administrator Halburnt said that
due to time constraints the original contract was sole -sourced to DEA, but that
Dir. Zum was familiar with the firm and their work in transportation and with the
State of Colorado. Project Manager Sievers said these improvements have not
yet been designed and stated that the total design price of $64,419, is
competitive and comes in at 4.5% of the total project, well below both the
industry standard of 10-12%, and the standard for government jobs of 20-23%.
Trustee Miller requested that staff look into alternative forms of drainage
control per Environmental Protection Agency (EPA) recommendations, if it
would not delay the project. Project Manager Sievers said the final design
Board of Trustees — November 23, 2010 — Page 6
plans will be reviewed by the Colorado Department of Transportation in order
to receive final approval for construction of the project.
PUBLIC COMMENT.
Bonnie Watson, Town resident, expressed concern about the cost of the
transportation hub and other Town projects. She said the cost of the hub was
originally reported to be $950,000 and is now up to $1.5 million, and asked
whether the money to increase the scope of the design is budgeted.
Administrator Halburnt stated that Public Works Dir. Zurn has applied for
another grant in the amount of $250,000, however, he has not heard whether it
has been awarded to the Town; and also stated that the Community
Reinvestment Fund has a balance of over $2 million, which will cover the cost
of the project. Project Manager Sievers said the scope and cost of the project
has fluctuated as additional funds have become available, some through
CDOT which is partnering with the Town to reduce air pollution resulting from
idling engines and unnecessary laps through downtown. After discussion
related to the cost of the project the Mayor requested that staff provide a
document outlining the full scope of the project and all associated costs.
As there were no additional comments, it was moved and seconded
(Blackhurst/Levine) to approve an increase in the budget for the
transportation hub design by $37,178 payable from account #204-5400-
544-22-02, and it passed. Those voting "Yes" Trustees Blackhurst, Koenig,
Miller, and Mayor Pro Tem Levine. Those voting "No" Trustee Elrod.
Whereupon Mayor Pinkham adjourned the meeting at 9:24 p.m.
('William C. Pinkham, Mayor
Cynthia Deats, Deputy Town Clerk