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Home My WebLink AboutMINUTES Town Board 2012-12-11Town of Estes Park, Larimer County, Colorado, December 11, 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 1 1 th day of December, 2012. Meeting called to order by Mayor Pro Tem Blackhurst. Present: Also Present: Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Frank Lancaster, Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: William C. Pinkham, Mayor Lowell Richardson, Assistant Town Administrator Mayor Pro Tem Blackhurst called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. POLICE DEPARTMENT EMPLOYEE AWARDS. Police Chief Kufeld recognized Officers Greg Filsinger, Jr. and Shaun Bledsoe for a lifesaving effort and both were awarded medals of accommodation. PUBLIC COMMENTS. Vaughn Baker/RMNP Superintendent stated the Fern Lake fire was turned over to Park staff today. He thanked all emergency personnel, the Town and the Fire District for the support received during the increase in fire activity and evacuations of citizens. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Norris commented the community feedback was positive as it related to the communication and coordination of the recent Fern Lake fire evacuations. There continues to be some concern with the LETA system and need for testing the system after any changes to the system. The Local Marketing District Board met and approved their annual budget. The Economic Development Task Force has finalized a draft report to be presented to the Town and other community organizations in January. Trustee Koenig stated the Rooftop Rodeo was a contender for the medium size rodeo again this year but did not win. Mayor Pro Tem Blackhurst stated the Housing Authority would hold its monthly meeting Wednesday, December 12`h in Room 203 at 8:30 a.m. and the Public Safety, Utilities and Public Works Committee would meet on Thursday, December 13`h in the Board Room at 8:00 a.m. He thanked the Town employees for the efforts during the Fern Lake fire. TOWN ADMINISTRATOR REPORT. • The coordination, cooperation and communication during the Fern Lake fire was an improvement over the Woodland Heights fire this summer. He stated a debriefing would be held to discuss areas of further improvement. • The fire personnel brought in to help with the Fern Lake fire spent an estimated $80,000 to $90,000 locally, which provided a boost to the economy in an off month. Board of Trustees — December 11, 2012 — Page 2 • The regular study session held prior to the Town Board meeting on January 8th would be moved to January 9th to accommodate the schedule of bond counsel Jim Mani re. 1. CONSENT AGENDA: 1. Town Board Minutes dated November 27, 2012, and Town Board Study Session Minutes dated November 27, 2012. 2. Bills 3. Committee Minutes — None. 4. Estes Valley Board of Adjustment Minutes dated November 6, 2012 (acknowledgement only). 5. Audit Committee Minutes dated August 24, 2012, September 25, 2012, and October 5, 2012 (acknowledgement only). It was moved and seconded (Norris/Koenig) to approve the Consent Agenda Items and it passed unanimously. 2. LIQUOR ITEMS: 1. NEW LIQUOR LICENSE — CABLES ESTES LLC DBA CABLES PUB AND GRILL, 451 S. ST. VRAIN AVENUE, HOTEL AND RESTAURANT LIQUOR LICENSE. Town Clerk Williamson stated an application for a new Hotel and Restaurant liquor license was filed with the Town Clerk's Office on November 8, 2012 with a concurrent review by the State Liquor Division. All necessary paperwork and fees were submitted with the application. The applicant owns two other restaurants in Greeley and Fort Morgan. Keith Johnson/owner and Nicole Ellis/Manager were present and stated the entire staff of Cables Pub and Grill would be attending T.I.P.S. training on January 26, 2013. It was moved and seconded (Koenig/Norris) to approve the Hotel and Restaurant liquor license for Cables Estes LLC dba Cables Pub and Grill at 451 S. St. Vrain Avenue, and it passed unanimously. 2. TRANSFER OF OWNERSHIP — FROM RAMS HORN DEVELOPMENT COMPANY LLC DBA MARYS LAKE LODGE TO EP RESORTS INC. DBA MARYS LAKE LODGE, 2625 MARYS LAKE ROAD. Town Clerk Williamson stated EP Resorts, Inc. has completed the necessary paperwork to transfer the Tavern liquor license from Rams Horn Development Company LLC. A temporary liquor license was issued on September 28, 2012 to allow EP Resorts to operate Marys Lake Lodge during the transfer. All necessary paperwork and fees have been submitted. The owner and eleven staff members completed T.I.P.S. training on November 12, 2012. Morgan Mulch/owner was present and reconfirmed the Marys Lake Lodge staff has completed training, including the manager and front of the house manager with 30 and 20 years of restaurant experience respectively. It was moved and seconded (Koenig/Phipps) to approve the transfer of the Tavem liquor license from Rams Horn Development Company dba Marys Lake Lodge to EP Resorts, Inc. dba Marys Lake Lodge, and it passed unanimously. 3. REPORTS AND DISCUSSION ITEMS: 1. THIRD QUARTER FINANCIAL REPORT. Finance Officer McFarland stated revenues are at 75% and total expenditures are at 78% in the General Fund and the Enterprise funds are at 83% of budgeted revenues and 77% for total expenditures. Sales tax collection through September continues to trend Board ofTrustees — December 11.2012—Page 3 ahead of2011 at5.0%versus 2012 budget at 6.8%. Sales tax continues to demonstrate positive growth at e rate uf5.1%. Sales tax growth has been seen inthe food and lodging category with ecombined 17%over the past two years and construction upover 2O%. The sales tax gains are broad -based and reflect increased activity in many areas of the Estes Park economy. With the recent legislative ohange, the Town has begun to invest in government -back securities atthe advice ofthe Towm'ninvestment counsel. 2. BRIEFING gNPERFORMING ART CENTER. kwas moved and seconded (Brod/Nnnio)bomove the report toonaction item inorder tureceive public comment mnthe report only and not oothe feasibility of the EPIC pmject, and it passed with Mayor Pro Tom B|uokhung voting "No". Action Item: Briefing onPerforming Art Center. Director Chi|oottprovided a brief review ofCommunity Development's meetings with EPIC regarding the performing art theater on the Seeley property: met in Ju|yAAuguotho discuss the development review process and variance requoste, and staff reviewed and provided a recommendation to the Board of Adjustment regarding the height and river setback variance on October 2, 2012. The project was presented as a state of the art performing arts theater with 700 seats and would contain commercial and office space spanning the Fu|| River. The total development area would be.O22aoxao. Other comparable local performing art theaters include the Reuaoh Auditorium 800 seats. Assembly Ho|/ at YMCA 1.300. Hempel Auditorium 200. High School Auditorium 400. Lincoln Center 1.200 and Rialto Theater 450. 'The proposed theater would accommodate performances that are not able to use the current facilities. The height of the building would accommodate the fly area and allow for quick changes of sets. Staff reviewed the variance for use and fit as it related to the Estes Valley Comprehensive P|an, which encourages the concentration of such facilities in the downtown core area. The project would include a special review application and amended plat application moving forward. The special review process would review traffic impact ano|ysis, assessing parking and traffic, pedestrian oircu|ation, mitigation to adjacent pnoportion, utilities, etc. A|temute|y, the applicant could submit a conceptual plan rather than a full development plan to receive staff input prior to submitting and incurring the expense of a full development plan application. Detailed drawings would not be required until abui|ding permit application is submitted. Town staff was aware of the need for Town property in August in order to build the proposed building. Parking was mentioned tothe developers and would be an item for further discussion through the special review process. Administrator Lancaster stated there was some discussion with EPIC to contribute to additional parking during earlier discussions regarding the project. The project does not currently propose any residential uses aopresented tostaff. Attorney White stated any land use application *muW be considered quasi- judicial, and therefnro, third party communications with the Board would be prohibited. The development ofthe property has been quasi-judicial since the application was submitted to Community Development. It was moved and seconded (Norris/Phipps) to accept the report as presented, and it passed unanimously 4. PLANNING COMMISSION ITEMS. Items reviewed byPlanning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: Board of Trustees — December 11, 2012 — Page 4 1. PRELIMINARY AND FINAL SUBDIVISION PLATS, Wonderview Village Townhomes (FKA Wonderview Village Condominiums), 141 Willowstone Drive; Steve Murphree/Applicant. It was moved and seconded (Koenig/Ericson) to approve the Consent Agenda subject to the findings and conditions recommended by the Estes Valley Planning Commission, and it passed unanimously. 5 ACTION ITEMS: 1. TREE BOARD APPOINTMENTS. Director Zurn stated two positions are being vacated by Sandy Bums and Mike Richardson. The Town advertised for the positions and received applications from Celine Lebeau and Apryie Craig. The two candidates were interviewed by the Tree Board and staff. it was moved and seconded (Norris/Elrod) to approve the appointments of Celine Lebeau and Apryle Craig for 4-year terms expiring on December 11, 2016, and it passed unanimously. 2. PARK R-3 SCHOOL DISTRICT RESOURCE OFFICER AGREEMENT. Chief Kufeld stated a School Resource Officer has served the School District since 2005. In 2010, the district requested the Town provided an SRO at no cost to the district. The schedule for the SRO was reduced to 3 days a week. At the beginning of 2012 school year a new School Superintendent has hired. The district and the Police Department have developed and agreed to a new MOU for the 2012-2013 school year providing $20,000 in district funding for the position and reinstating the SRO to five days a week. It was moved and seconded (Norris/Phipps) to approve the School Resource Office agreement between the Town of Estes Park and the Park R-3 School District for the 2012-2103 school year, and it passed unanimously. 3. RESOLUTION #17-12 - 2012 SUPPLEMENTAL BUDGET APPROPRIATIONS. Finance Officer McFarland reviewed the supplemental appropriation resolution allowing a municipality to authorize additional money for a specific fund than was originally adopted. The requested supplemental appropriations address both revenue and expenditure difference from the approved 2012 budget. Examples include increase revenue to the General Fund due to an increase in sales tax revenues forecasted; projected revenues exceeded original forecast for business licenses, application fees, and building permit fees; Light and Power revenues lagged expectations as well as a decrease in demand; and Water revenues exceeded budget due to plant development fees and water rights. There are six funds out of twelve that will exceed budgeted appropriations for 2012 including the General, Community Reinvestment, Open Space, Community Services, Information Technology and Vehicle Replacement for an approximately $535,000 in additional funding. It was moved and seconded (Ericson/Phipps) to approve Resolution #17-12, and it passed unanimously. Mayor Pro Tem Blackhurst called for a recess at 8:37 p.m. and resumed the meeting at 8:45 p.m. 4. RESOLUTION #18-12 CABLE TELEVISION FRANCHISE AGREEMENT WITH BAJA. Attorney White stated Baja Broadband Operating Company, LLC is the current Grantee under the Cable Television Permit agreement dated July 27, 1993, as amended. The Town hired River Oaks Communications Corporation to negotiate a new agreement with Baja with the following terms: 10 year agreement; 5% of Grantee's gross revenues; Town grants Baja a non- exclusive right to Town ROW within Town limits to construct, operate and maintain Baja's cable system; Baja indemnifies and holds the Town harmless Board ofTrustees — December 11'2O12—Page 5 for claims, actions, and injuries, customer services standards as outlined in the agreement; Baja to provided one educational and government access channel at no cost to the Town; construction standards for Baja facilities within Town including restoration of surfaces and maintenance of facilities; underground cable in areas where the electric and telephone are also underground atBeja'o expense; and Baja to provided equipment and access for an emergency alert system incompliance with FCC standards. The Town would beresponsible for the monthly cost ofthe phone line. Bob Duchen/ViraPresident ofRiver Oaks Communications Corporation stated the agreement has been thoroughly reviewed and negotiated between the Town and Baja. The proposed agreement is modern and favorable for the community. Hestated the license agreement ienon-*xouaive. The franchise agreement would only affect the customers inside Town limits and a separate agreement would be negotiated with Lahmer County for the franchise in the unincorporated portions of the valley. Each franchise agreement is unique between the parties, for example, Baja has placed an umbrella coverage nf$3 million not common tomost franchise agreements. Dave Johnson/Baja representative was present and naoonfimnod the EAS system will be added to provide additional avenues for communicating during an emergency. Baia would be upgrading its system to allow for additional programming and high definition channels. The upgrades would occur during the 1*quarter of2013and would include improvements tothe high speed data for local customers. The upgrades would oou( approximately $800.000. Baja would be willing to discuss the process for ensuring the customer services standards are meet and suggested u bill stufer0o explain the standards to the Baja customers. |twas moved and seconded (Nonis0Er000n)boapprove Resolution #1O'12 for acable franchise agreement with Baja for 1Uyears effective December 14.2D12.and itpassed unanimously. 5. RESOLUTION #20-12 POLE ATTACHMENT AGREEMENT WITH BAJA. Attorney White stated the proposed pole attachment agreement between the Town and Baja was reviewed and negotiated between both parties. The non- exclusive right ofBaja to make attachments to the Town owned poles includes a term of 10 years with built in escalator for costs; attach to Town owned poles only and no other Town owned facilities without a separate agreement; the usage rate would be $3.00 for2O12/2013. $3.25 for2U14. $3.50 fnr2O15 and $4.00 for2010'2O22; Baja is responsible for costs incurred by the Town with the use of the poles; and the agreement addresses oahety, construction and |iabi|ih/, indemnity and insurance. Baja assumes all risks to attaching tothe Town owned poles. The agreement would be updated to include all poles owned by the Town both inside and outside Town limits and would be subject to the fee for attachments. It was moved and seconded (Koenig/Norris) to approve Resolution #2V-12.and itpassed unanimously. 8. ORDINANCE #0143 NATURAL GAS FRANCHISE AGREEMENT WITH XCEL ENERGY— FIRST READING. Attorney White stated Public Service dba Xoe| Energy holds the current franchise for natural gas within and through the Town of Estes Park which expires on O000mber20. 2012. The state statute requires Public Services to publish a Notice of Application for a new franchise with the Town and such notice was filed and published to begin the process. The statutory provisions require e franchise agreement for natural gas be approved byordinance 'and that such ordinance be road at regular meeting of the Town Board and then oonoidared, and if appropriate, adopted at o subsequent meeting' Ordinance #01 13 has been prepared for the Town Board's consideration of granting a new natural gas franchise to Public Service Company ofColorado, and set second public hearing for January 22. 2011 Board ofTrustees — December 11.2O12—Page 6 Attorney White read Ordinance #01'13 into the record. It was moved and seconded (Norris/Phipps) to continue the consideration of the franchise agreement with Public Service Company ofColorado (Xoe| Energy) and Ordinance #0143 was continued to the January 22, 2013 Town Board meeting, and |tpassed unanimously. 7. RESOLUTION #19'12 EXTENSION OF NATURAL GAS FRANCHISE AGREEMENT WITH XCELENERGY. Attorney White stated the Resolution would extend the current franchise agreement with Public Somioo Company of Colorado (Xon|Energy) from December 20.2012toMarch 1.2O13toallow the review process and development ufanew franchise agreement. |twas moved and seconded (Koenig/Phippo)toapprove Resolution #1Q'12.and itpassed unanimously. Mayor Pro Tern Blackhurst whereupon he adiourned the meeting at 9:55 p.m. V Q Eric Blackhurst, MayorPro Um `^4m�~��