HomeMy WebLinkAboutMINUTES Town Board 2012-11-27Town of Estes Park, Larimer County, Colorado, November 27, 2012
Minutes of u Regular meeting of the Board of Trustees of the Town of
Estes Perk' Lnrinnor County' Colorado. Mooting held in the Town Hall in
said Town of Estes Park on the 27m day of November, 2012. Meeting
called toorder by Mayor Pinkhuno.
Present:
Also Present:
VViUiann C. Pinkhnnn, Mayor
ErioB|uokhurot Mayor Pro Tonn
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
Lovva|| Richardson, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkhnm called the meeting to order at 7:00 p.m. and all desiring to do no.
recited the Pledge of Allegiance.
PUBLIC COMMENTS.
Jim Cope/League of Women Voters stated the deadline for utilizing the grant funds for
recycling containers inJune 3O. 2013including full installation. The LVVVwould need
the support of the Town in order to take advantage of the grant.
Curt G|auvea Estes Performance Incorporated (EPIC) member stated EPIC was
incorporated an a non-profit in 2011 and secured the Park Theater yNaU property in
March of2O12. Supporters of the Performing Arts (SOPA). a 501(o) 3, formed in
Oomamber2000 and EPIC merged in 2012 with SC>PA as the surviving entity. S[)PA
then changed its name to EPIC. The [WOU between 3OPA and the Town was
dissolved because SOPAdetennined a theater atthe fairgrounds was not feasible and
at the time requested the FOSHfunds.
Bruce Brown/Representative ofSaud requested the Town consider path along Dry
Gulch from Hwy 34 to Stonegate Road for the safety of their clients.
Greg Camer/Countyobizon spoke in opposition of sidewalk along Dry Gulch stating
there are not enough people that would use the sidewalk to warrant the cost.
Blake Robertson/Town citizen spoke to the distribution of the FOSH funds and
cautioned the Board there could be other valid interruptions of the FO3H agreement
other than the one provided byAttorney White.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Norris reported the Visit Estes Park Board met to finalize their 2013 budget and
held the first meeting ofthe new Association Forum. The Economic Development Task
Force has completed draft recommendations and would bodiscussing them with the
Town and other community organizations. The Bear Education Task Force has
established the key messages and target audience, and would meet Friday, November
30, 2012 to develop plans, timeline and responsibilities for information dissemination.
Tmehye Koenig stated Sister Cities held their annual meeting and those interested in
Board of Trustees — November 27, 2012 — Page 2
Mayor Pro Tem B|aokhuntinfonnad the public the Citizen Information Academy (QA)
would be held February Othrough March 2O.2013and encouraged those interested to
complete anapplication.
Trustee Ericson also encouraged the public to attend the CIA. He thanked the Town
staff for awonderful tree lighting ceremony.
Mayor Pinkharn thanked sta-� for the e�orts in producing 'The past two weekend's events
including the tree |ighting, parade and�re�orks.
TOWN ADMINISTRATOR REPORT.
Update on the past weekend events: an estimated 30.008 attended the parade; the
fireworks were cut short due tothe dry conditions; and 74Oskaters used the ice rink.
Police Commander Roue reviewed a task list developed after the Woodland Heights
fire including a number of communication issues: applied for and n*ooivod priority for
governmental emergency telephone (GET) to allow numbers on the list priority during
emergencies; AT&T has agreed to place a temporary tower to increase capacity during
the peak season-, coordinate and partner with the RMNPto formalize interagency crisis
communication plan; identified grant opportunity for an AM radio station to broadcast
recorded messages during an omengenoy; formation ofJoint communication center at
the Visitor Center; planning Emergency Management training for the staff. |noa|
businesses, and lodges; establish inibrmahon lines for the local media and social
media and develop talking points during an emergency,- and hold a tabletop exercise
for staff toreview operations during an. emergency.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated November 13, 2012, Town Board
Minutes dated November13.2012.
2. Bills.
3. Committee Minutes:
a. Community Development/Community Services, November 15, 2012.
4. Estes Valley Planning Commission Minutes dated October 16, 2012
(acknowledgement only).
5. Resolution #13'12—Schedule public hearing date ofDecember 11.2012.for
u new Hotel and Restaurant Liquor License Application filed by Cables
It was moved and seconded (B|aokhurs-/Koenig) to approve the Consent Agenda
Items and itpassed unanimously.
2. PLANNING COK8K8KSBIO0 ITEMS. homo reviewed by Planning Commission or
staff for Town Board Final Action,
1 CONSENT ITEMS:
A.AMENDED PLAT, Lots 1Aand 1Cnfthe RapatofaPortion ofLot 4
and All of Lot 1. Stanley Meadows Addition, Estes Park Sanitation,
Applicant. Item continued tothe January 22.2O13meeting.
B. AMENDED PLAT, Tract B.Booth RosubdivisionofLots 2.3.4`5.7'
and a portion of Lots 1' 0' 8. & O. Elkhorn Entates, Von Horn
Engineering/Applicant.
Board ofTrustees — November u7.oO12—Page 3
C. LOCATION AND EXTENT REVIEW, Stanley Park Multi -Use Stall
Barns & Multi -Purpose Event Center (yWPEC). Lot 1, LhMo Prospect
Addition (portion of Stanley Park. Norris Design/Applicant.
D. SUPPLEMENTAL CONDOMINIUM MAP #1. Stone Bridge Estates
Condominiums, Phase U.Unit 1147;1147Fish Creek Road; Van Horn
E.SPECiAL REVIEW 2012-05.A.RIUsed Vehicle Sales; Lots 1G&17.
Ouaeebarth Rooubdivision;Blake HonnsbyAApp|ioant.
It was moved and seconded (B|ookhurnt/Er000n) to approve the Consent
Agenda subject to the findings and conditions recommended by the Estes
Valley Planning Commission, and it passed unanimously.
3. ACTION ITEMS:
1. MUSEUM SENIOR CENTER MASTER PLAN CONTRACT.
|nApril staff receive direction todevelop eRequest for Proposal (RFP)for the
Museum and Senior Center Master Plan. An RFP was released and three
proposals were received:
° Anderson HaUasArchitects, Golden, CD $80.383
° [)ZArohiteoturm. Boulder, CO $83.120 plus survey costs
° T.VV.Beck Architects, Estes Park, CO $14.57Oplus consultants
atcost plus 1596
The scope of work includes a program development phase and u site master
plan phase. The program phase would study the programming and
demographic needs an it ro|otoo to the Museum and the Senior Center for the
next 20 years. The site master plan would determine if the current footprints
would accommodate the anticipated growth in usage and visitation of the
Senior Center and Museum. The plan would result in afina| recommendation
for site locations and building uses of the next 20 years. Based on evaluation
of the proposals, reference checks, level ofprior experience with museums
and senior oontore, public sector experience and degree of on -site
involvement, astakeholders committee unanimously agreed Anderson Ha||as
Architects, PC would provide the best product.
Trustee Ericson questioned the need for a1U% contingency with a consulting
contract. Assistant Town Administrator Richardson stated the contingency
would cover additional action hamo, desirable products or processes not
covered by the RFP while producing alternative sites.
It was moved and seconded (Norris/Koenig) to approve the consulting
ewmioeo contract with HaUas Architects for the K8uomunm and Senior
Center Site Master Plan form not to exceed amount ofo8S.O00. and it
passed unanimously.
2� EMPLOYEE PERFORMANCE REVIEW TKNEFRAME.
The current Town policy requires all employees to be evaluated at the first of
the year and merit inuneeooe to be applied at that time; however, the policy has
not been practices for several years. In 2006 an administrative directive
required the evaluation of staff on their anniversary date and to award merit
increases atthat time. The Town'oLeadership team considers the evaluation
of employees on their anniversary date a more equitable model and o more
practical method. The anniversary method is m common practice with local
govornmento, including the County. Loveland and Fort Collins. Staff would
recommend the proposed changes to the Tovvn'o Personal Policy Manual
sections F. G. H. HA to allow performance reviews to be completed on the
employee's anniversary date. |twas moved and seconded (Norrio/Phippo)tn
Board ofTrustees - November 2T.2812-Page u
approve modification to the Towns Personnel Policy Manual sections F.
0,Hand H.1,and itpassed unanimously.
3. PUBLIC HEARING -2013BUDGET.
Mayor Hnkham opened the public hearing and Finance Officer McFarland
reviewed the budget adoption process and recapped changes 0nthe budget
that were requested by the Board at the November 13, 2012. Town Board
meeting which are aafollows:
a. The $81.000 Museum and Senior Center Master Plan was moved tothe
2O12budget inthe Community Reinvestment Fund.
b. The Stanley Park Sewer and C'1v1 site work was increased to $350.000 in
the Community Reinvestment fundand affects the fund balance for 2O13.
Finance Officer McFarland discussed the Highway User's Trust Fund. He
said the Fund consists ofshaned rewonue, primarily derived from fuel tax and
vehicle regietntiono, and estimated that in 2013 the Town will receive
approximately S252.886. Funds will be utilized as part ofthe ST|Poverlay on
projects such as street improvements, snow removal and plow blade work,
vehicle and equipment usage, and traffic control items.
Kay Norton Haughey/Town citizen requested the budget contain funds to
address the Reclamation Subdivision issue mined at the last meeting and
funds appropriated to move the water filling station on Fourth Street to
eliminate traffic and increase safety. Steve Nag|/To*n citizen would also
support the relocation ofthe water station kothe other side ofthe fairgrounds.
LawLanek/Town citizen also requested the Board consider fixing the issues
addressed byMrs. Norton Haughey |nthe Reclamation District.
Finance Officer McFarland continued bypresenting Resolution #14-12toset
the mill levy which is required in order to eUmw the Town to levy and collect
property taxes. For 2O13 the miU |evywiU be set at 1.822 miUu, which will
yield approximately $339.960 in property taxes. He said approval of
Resolution #15'12 will adopt the 2013 budget, and Resolution #10'12
appropriates sums ofmoney to execute the budget and states that revenues
within each fund are sufficient tosupport expenditures.
Trustee Ericson requested the Community Reinvestment Fund be removed
from the approval of the budget to uUmw further discussion of the items.
Finance Officer K8oFudond stated the budget can be adopted as presented
with re -appropriations approved bythe Board during 2O13.
Trustee Norris requested funds be appropriated for the Dry Gulch Road
rebuild in 2014. Mayor Pro Ter-, B!eohhunst stated it would be premature to
add this commitment until the Board reviews all funding requests and capital
projects. Trustee Norris stated an expectation the Board would discuss in full
the capital needs ofthe Town early in2013inorder toset priorities.
It was moved and seconded (Eionon/Phipps) to approve Resolution #14-
12 to set the mill |exy. Resolution #15'12 to adopt the 2012 budget, and
Resolution #1642 to appropriate sums of money, and it passed
unanimously.
4. ORDINA0JCE#0G'12 OPTION FOR EPIC TO PURCHASE TOWN -OWNED
REAL ESTATE FOR PERFORMING ARTS CENTER. Town Attorney White
stated the Estes Performance Incorporated (EPIC) has secured the Pork
Theater Mail property to build and operate a performing arts center and related
facilities. In order to design and construct the pnojaot. EPIC has requested the
Town ee|| a portion of the Tuvvn'o Riverside parking lot contiguous to the Park
Theater Mail property. The Exclusive Option to Purchase Real Estate would
Board ofTrustees — November 27.2O12—Page 5
grant EPIC the option hapurchase the property onorbefore January 31.2014.
If the Option is exercised, the Town and EPIC would execute the Real Estate
Sales Contract with m purchase price of $1 with EPIC responsible for all
closing costs. The Town would receive o public access easement across the
Park Theater Mall property; EPIC would design construct and maintain the
Rivonwu|h uomno the Park Theater PWa|| property; and EPIC shall deliver a
public a000ns easement from the western side of the [Wa|| property to Moraine
Avenue. EPIC must complete e number of contingencies in order to o|une the
Real Estate Sales Contract including: receiving all necessary approvals related
to land use; delivery of the public aooaao easement to the Town for the
Riverwalk; delivery of the public access easement from the western side of the
Park Theater Mall property to Moraine Avenue; negotiation of Development
Agreement between EPIC and the Town addressing construction of the project;
receive approval of an Amended Plat for the Riverside Subdivision; prior to
doning. EPIC ohn|| acquire title tothe Park Theater [Na|| property; and the
Town and EPIC negotiate on agreement for the reversion of the Tovvn's
property in the event construction of the Project is not commenced within three
years of the date of closing. The Ordinance would approve the Exclusive
Option to Purchase Real Estate.
Administrator Lancaster stated the item was brought forward xtthe request nf
EPIC. |tiostaffs role komake sure items brought forward tuthe Board contain
complete and accurate information and that staff is not barrier inthe public
accessing the Board. The staff simply developed the information for the
Board's consideration ct the request ofEPIC.
Trustee comments: The Board has not discussed the proposed theater since
EPIC submitted application for the height variance due to the quasi-judicial
decision the Board may have to consider in the future, and therefore, does not
have information on the project. The Board requested Town staff provide
additional information on the proposed theater to allow the Board to make an
informed decision. Trustee Elrod stated concern the Town does not have n
policy on the purchase or aa|o of Town owned property; concerned with the
value ofthe property tobesold and the value ofthe access easement; and the
need for additional information before adecision onthe sale ofland toEPIC.
Curt G|aovos EP|C Board President stated EPIC requires the Town'o approval
to ooU the parking lot in order to move forward with the design review pmnoaa
and development plan pmoeno, which is estimated at cost of$1 million and
establishes a footprint for the building. He stated alternative layouts have
been reviewed; however, they would not provide a building large enough to
meat the required pro forma. The building requires the proposed width to
accommodate the orchestra pit and loading dock area. He stated a formal
eppnsioe| may not be pnooib|n duo to a lack ofcomparub|eafor either the
parking lot or the public ecoeoo easement. The cost of the public
improvements for the Rivenwa|k and the public reetmoms are estimated at a
cost of $500,000 to $750,000 with EPIC continuing to bear the cost of ongoing
maintenance ofthe facilities.
Those opposing the Option included Tony Pag|ia/bmsineoo owner, Hank
Glover/business owner, Heather StoneiTowncitizen, Steve Nag|/Town citizen
and business owner, Paula Gtoge/businassnwnor, Ty NugKTown citizen and
business owner. Dave Callahan/Town citizen and business ovmor. Elaine
Downing/Town citizen, and K8umha Hobert/Town citizen and business owner.
Comments against the Ordinance have been summarized: The Town has
survey outlining the need for additional parking spaces; parking spaces are
worth elot 0udowntown businesses; the proposed theater would occupy all but
41 mpa000 if the theater was sold out, therefore, leaving very few spaces for
customer parking for all other downtown businesses; the proposed theater
complex would be too |arge, too tall and look out nfplace downtown; EPIC has
Board ofTrustees - November 27.2G'1I-9,agn6
not made contact whh the iooa| businesses and citizens about the
development-, 0dandoaSteok House above the Wheel would lose the current
views and look at the back ufthe theater bui|ding; as a shuttle bus driver
downtown during the summer it is obvious there would not be adequate
parking for theater goers during the peak uousun� the creation of the post
offiuo parking lot and dark horse parking lot increased sales tax collection
downtown; with 200 parking spaces occupied for 3 hours during a performance
there will be little turnover ofparking npeoa for patron of other buoinoeaoo� the
impact to the area of the pno�oead development is unknown; the 20 parking
spots lost to me development would cost the local businesses $500.000 during
the 120 days of the peak season; other businesses such as the VVheo| Bar
have provided easements io the Rivemve|k at no cost and provided public
bathrooms; the minimum 18 months to construct the proposed theater would
affect the downtown businesses negatively; performing arts should be a park of
Estes Park but not at the expense of the other businesses; the theater at
roughly 700 seats is too !arge for Estes Pu/b and would negatively affect
downtown businesses', the !ooe of parking spaces with the construction of the
Rivonwa|ka|nng VVien{ caused the businesses toloss income; customers do
not want to walk or perk offs110 to patronized downtown businesses; the
downtown does not have the infrastructure to accommodate u large theater;
additional study sessions should be held to discuss the issue further before
decisions onthe project are considenad�concerned the size ofthe theater may
not contain ostage large -enough for the types ofperformances tobaheld; and
stated concern the commercial ventures may not be able to support the
theater.
Those speaking in favor of the proposed theater development included
ChodeyDickoy/Town citizen and business owner, Dave Bowers/Town citizen,
Stan Black/EPIC member, Greg Ronenor/Town citizen, and Ellie
Williams/County citizen. Comments 'nave been summarized: the project would
enhance the downtown; parking for the project would only be an issue for 90 to
120 days-, the Transportation Visioning Committee identified the need for
business owners and emp|oyeea to park offsite to help alleviate parking
congestion;
parking permitsfor residential use in the downtown corridor also
affects the number ofavailable parking spaces; Uhopo are a number ofno cost
parking solutions that *ou|dimpnovnparkingdowntown; the benefit Nthe town
in three fold including the bca| businesses, local performers and a broader
audience drawn to Estes Par�� the proposed development would create the
largest economic development the town has seen and bethe launching pad for
addressing the pa/king issue: and supports the theater, howmver, questions if
the size ioappropriate.
Stan Black/EPIC member stated the proposed theater complex would make u
performing acts theater possible in Estes Park with the commercial venture
within the building offsetting the cost of the theater operations-, replace the
|anQoot anchor building in town at 48 feet high-, the building would only be fully
occupied 6 times a year for 3 hours based on the business plan; he stated
EPIC spoke with over 500 people prior to the variance request and was in the
paper 8 times including the Denver Post; the request only allows the project to
move forward and does not approve the project-, other building alternatives
were reviewed and determined too expensive orfraught with pitfalls; EPIC
approached the Town to determine the possibility of acquiring the land for the
theater that would include a Rivenwaikoronsing and public nastmnms built and
maintained by EPIC with eocoos 24/7; and this could be the last chance the
town has tzacquiring aperforming arts theater atnocost tuthe Town.
Lew Laxak/Tosncitizen stated aperforming art theater onukjbebuiit at the old
elementary location.
Board ofTrustees — November 27.2012—Page 7
Kay Norton Haughey/Town citizen stated the yNPEC and Performing Arts
Theater could be 0|auod on the same corner at the fairgrounds if the stoU
barns were relocated.
|twas moved and seconded (Nonio/Phippe)toextend the meeting bz11:OU
p.m., and it passed unanimously. The Mayor called fora 10 minute break at
A:5Op.m.and resumed the meeting ot1O:OOp.m.
Further Board discussion was heard: Mayor Pro Tern 8laokhurstestimates the
value of the parking lot opanmn at a value of $450.000 to $925.000, He stated
the Town does not need the easement through the Park Theater Mall. He also
suggested the Town could entertain discussion of u theater on Lot 4 with its
own parking lot. Trustee Norris stated concern with the lack offacts, the traffic
and the need to consider other locations to make the theater a success.
Trustee Ericson commented the proposed theater complex could be a true
economic driver for Estes Park for the next 20 to 30 yeoro, and would be in
favor nfproceeding with the project. Trustee Koenig stated concern with the
parking issue and the lack ofinformation on the project. Avnta in favor of
moving forward would lead to $1 million spent by EPIC and set the Board up
for further favorable votes on the project. Trustee Elrod stated he could not
come to a conclusion on the adequacy of the contract with the information
provided.
After further discussion, it was moved and seconded (Phipps/Norris) to table
the item to the January 22. 2013 meeting to provide additional public
input and to provide further information, and it passed with Trustees Elrod
and Ericson voting ^No"Staff would present a review of the project to the
Board at an upcoming meeting in order to help the Board understand the
scope ofthe project before the January meeting. Trustee Elrod requested staff
quantify the value of the parking lot and easement.
5. REAPPOINTMENT OF GCOTT WEBERMBER TO LOCAL MARKETING
D|8TQ|C7 BOARD. The appointments of Scott VVabenneier, Town
appointment and Lee La000n. County appointment, on the LK8O Board expire
on December 31, 2012. The positions were udvarbemJ jointly through the
Town's Administrative Services department and interviews were held on
October 17, 2012. An interview panel including Towm. County and LyWD
representatives interviewed seven qualified candidates. The interview team
recommends the reappointment of Scott VVebonnoierfor an additional 4-year
term. It was moved and seconded (Norris/Phipps) to reappoint Scott
Webernueier to the Local Marketing District Board for a 4-year tonn
affective January 1' 2013thnouQh December31. 2018. and it passed with
Trustee Ericson voting ^No^and Trustee Koenig abstaining.
O. LOCAL MARKETING DISTRICT INTERGOVERNMENTAL AGREEMENT.
Assistant Town Administrator Richardson presented the proposed |GAfor
2013 between the Town of Estes Park and the Local Marketing Disthot(LMD).
The 2013 |GAcontains the following components: L[WD shall pay for all costs
associated with Town of Estes Park benefits offered to LKXD employees;
coordination ofregularly scheduled meeting between both entities; theTown'e
Visitor Center would deliver guest omrviuon and provide recommendations
regarding operations and service delivery; na|o of items at the Towm'n Visitor
Center and advertising sales bythe Town; allow the LPWD to use photos owned
by the Town and collected for marketing and promotion purposes; and an audit
of the LyWD if required shall be paid for by the LK8O. The |GA has been
reviewed and approved by the LK8O Board. It was moved and seconded
(Koenig/Elrod) to approve the 2013 Intergovernmental Agreement with the
Estes Park Local Marketing Disthct, and it passed unanimously.
7. WATER CONSERVATION PLAN.
01
qar-*�cf Trustees — November 27.2012—Page 8
Director B*rAsten stated the eater conservation plan was reviewed by the
Public Safety, Utilities and Public Works Committee and presented to and
adopted by the Town Board in April 2012. The Colorado Water Conservation
Board requested the document be open for public review and comment for OU
days prior tnfinal Zmanj approval. The posted OO day period ended November
I 91h and no public comment was received.
Kay Norton HaugheyiTowncitizen questioned ifthe plan contains provisions
for the recapture ofgrey water for other uses such as landscaping. Attorney
White commented the Town does not have a rainwater catchment right and the
water augmentation would have to be reviewed because atthis time the Town
has the right touse water once and then release it.
After further dioouasian, it was
ved and seconded (Koenig/Norris) to
8. TE 01 ARY QL#CY T* EXTEND TU EF��aK8ES FOR BUILDING
ERM0[GAmA �IPLICATM]NS. Director Chi|oottstated in 2010 and 2011
the Board approved o temporary policy extending application and building
permit dates due to the economic downturn. Without the oxtonsion, building
permits are valid for 18 month from the date of issuance. The current
extension expires on December 31, 2012. Staff has identified 500 open
permits and has begun to contact homeowners and contractors to dnne
permits. During the past 50 days 150 permits have been closed. Staff
recommends extending the permits through N1umh 31. 2013 with staff
continuing to proactively reach out to property owners and contractors to close
permits. In cases where permits were applied for, but not paid for, applicants
have incurred and are responsible for fees. Staff recommends waiving the
plan review fees, if the applicant chooses not to proceed with the permitted
work. If approved by the Boand, staff would provide monthly updates on the
status of open permits at the Community Development/Community Samioan
Committee meeting. It was '''oveol and seconded (Koenig/Ericson) to
mp1pm=ve the extonmio`' of open building permits from Itecember31. 2012
to arch 31,2013,and itpassed unanimously.
Mayor Pinkham whereupon he adjourned the rreeting,alt-10:55 p.m.
Villiam C. Pinkham, Mayor
(ia-okieWilliamson, Town Clerk