HomeMy WebLinkAboutMINUTES Town Board 2012-07-24Town of Estes Park, Larimer County, Colorado, July 24, 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 24th day of July, 2012. Meeting called to
order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
Lowell Richardson, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION — ESTES PARK UNITED WAY CAMPAIGN.
Mayor Pinkham read a proclamation designating July 9 — October 1, 2012, as the Estes
Park United Campaign in Estes Valley.
PUBLIC COMMENTS.
Those speaking in favor of bear management in the valley to address the needless
killing of bears making their way into Town limits included Johanna Darden/Town
citizen, Susan Wolf/Allenspark citizen, Diane Hunt/Town citizen, Patsy Graves/County
citizen, John Spahnle/Town citizen, Eli Roehl/County citizen, Jules Caring/Town
citizen, Heather Stone/Town citizen, Rich Johnson/Town citizen, Barb Sellers/Town
citizen, Johann Van Vliet/Town citizen. It was suggested a citizen committee be formed
to address bear management issues and/or a town hall meeting to discuss what can be
done to change management practices. Concerns were raised over the illegal firing of
firearms inside town limits by those managing the Elkhorn property and the killing of
animals on the property. It was noted the Town's image to the tourist community is
important, and therefore, Estes Park should send a message that it cares about the
wildlife in the valley. Additional suggestions included requiring lids on dumpsters,
dumpster enclosures, timeframe for when trash can be set out for pick up, pick up of
trash downtown in the evenings as well as the morning, and bearproof trash cans.
Bearproofing has been shown to reduce the bear and human contact in other areas
and National Parks.
Julie Phares/Estes Valley Partners for Commerce provided an update on activities of
the group including reaching a membership of over 50 with 73 to date, the election of
new board members, and the continued effort to develop strong relationships with the
Town and other business groups.
TOWN BOARD COMMENTS / LIAISON REPORTS.
The Board thanked those in attendance for their comments and requested
Administration hold a public meeting, review the Town ordinances, review the cost of
bearproof trash cans, and outline options that may be appropriate for the Board to
consider.
Board of Trustees — July 24, 2012 — Page 2
Trustee Ericson thanked the community for the outpouring and caring actions that have
taken place since the Woodland Heights fire.
Trustee Phipps stated he attended the recent Open Lands Advisory Board meeting and
requested they consider increasing the grants and grant amounts for local projects.
Trustee Koenig stated the Fairgrounds are preparing for the Bio Blitz on August 25 and
26. She informed the Board that this year's rodeo had the largest attendance, up 5%
from last year, the Saturday show was sold out, and contestant numbers up and more
world campaign contestants than ever before. Western Heritage increased the
sponsorships this year. She thanked everyone involved for their efforts, including staff,
Western Heritage, the local restaurants for the donations and the YMCA.
Trustee Norris requested staff provide information on the code enforcement issues
related to the discharging of guns within town limits.
Trustee Elrod reviewed the discussion items from the recent Planning Commission
meeting including a continued review of the Comprehensive Plan and what should be
addressed, items to be updated, and how an update may be funded by both the Town
and the County. Trustee Ericson provided an overview of the TVC report and
discussed next steps of the TVC. The Planning Commission suggested the committee
become a formal committee to address transportation and mobility within Estes Park.
TOWN ADMINISTRATOR REPORT.
In the past, the Town has had a representative on the CML Policy Committee, which
can be either an elected official or one of the senior staff members to address
legislative issues. After discussion, the Board requested Town Administrator Lancaster
represent the Town.
1. CONSENT AGENDA:
1. Town Board Pre -Budget Study Session Minutes dated June 29, 2012, Town
Board Minutes dated July 10, 2012 and Town Board Study Session Minutes
dated July 10, 2012.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities, Public Works - July meeting cancelled.
4. Estes Valley Planning Commission Minutes dated June 19, 2012
(acknowledgement only).
5. Resolution #07-12 Extension of Cable Franchise Agreement with Baja
Broadband.
Trustee Elrod requested Item 5 be removed from the Consent Agenda to be discussed
as an Action Item. It was moved and seconded (Blackhurst/Koenig) to approve the
Consent Agenda Items 1, 2, 3 and 4, and it passed unanimously.
ACTION ITEM - Resolution # 07- 12 Extension of Cable Franchise Agreement with
Baja Broadband. Trustee Elrod commented per the contract Baja was obligated to
provide 120 days notice on March 25th of its intent to renew the agreement for an
additional 10 years. The Town did not receive notice until May 9`h. The 120 days
would have allowed the Town to review the terms of the agreement prior to the
expiration and that Baja has met all obligations under the agreement. He stated
concern with waiving the 120 notice may diminish the Town's ability to uphold other
contract requirements. He requested the proposed Ordinance and Amendment
Board of Trustees — July 24, 2012 — Page 3
document Baja's failure to send proper notice; in exchange for the Town waiving the
notice requirement Baja would perform a compliance review within 30 days; a
certification by Baja that all other legal and financial terms of the agreement have been
fulfilled within 30 days; Baja provide current subscribers a notice of their request to
renew the agreement; current subscribers interested in providing comments on Baja's
service be provided 30 days to do so; and an additional 30 days to allow for public
comment. The agreement could be extended 120 days from July 27th through
November 24th to allow Baja to complete and provide the Town with a final report. This
information should be provided to the Town at no cost due to Baja's error in providing
timely notice.
Discussion followed on the affects of not extending the timeframe including the cutting
of cable service to the citizens of Estes Park, and limiting the ability to use the
emergency override system during major events. Attorney White noted the Board
would not be waiving any agreements or terms of conditions with the extension of the
agreement. The 90 days would allow the Town to fully review the agreement prior to
any action by the Board and address any changes needed to the next term.
Johanna Darden/Town citizen questioned why the agreement would be extended for 10
years. She stated if she was not given the opportunity publicly comment on the
agreement she would drop her subscription.
It was moved and second (Koenig/Ericson) to approve Resolution #07-12, and it
was approve with Trustee Elrod voting "No".
2. REPORTS AND DISCUSSION ITEMS:
1. WOODLAND HEIGHTS FIRE: REBUILDING PROGRAM.
Director Chilcott stated staff has taken an active role in developing information
for the owners of the 27 dwelling units and structures destroyed by the fire.
Staff has proposed a rebuilding program similar to the one developed by
Larimer County for the High Park fire. Staff would review the proposed County
Resolution to ensure local issues are addressed. As many of these structures
were non -conforming and within setbacks, the Development Code allows
homeowners to pull a permit within one year of a disaster and complete rebuild
within 3 years with the same footprint without a variance. Staff has proposed
an extension for this area to allow property owners 2 years to pull a permit, and
allow temporary housing, such as an RV, on a vacant lot while rebuilding. She
stated a timeframe would need to be developed for the temporary housing and
suggested the issue be vetted through the Planning Commission to gather
public input on the definition of temporary.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. AMENDED SPECIAL REVIEW 06-01C, Estes Park Medical Center,
Rob Austin/Applicant. Request to enclose portion of south side of
building to accommodate permanent MRI facility. Trustee Koenig
requested the item be removed from Consent and moved to an
Action Item.
2. ACTION ITEM:
A. AMENDED SPECIAL REVIEW 06-01C, Estes Park Medical Center,
Rob Austin/Applicant. Trustee Koenig questioned the need for the
expansion as it was her understanding the radiology room was
Board of Trustees — July 24, 2012 — Page 4
expanded to include an MRI machine when the Emergency Room was
expanded. Chuck Jordan/builders rep stated the MRI room as it exists
today does not accommodate an MRI control room and it is not a
reasonable location. Ideally you wanted to place an MRI on an
outside wall in order to move the machine in and out of the building to
eliminate the need to crane the equipment into the space in the future.
It was moved and seconded (Koenig/Norris) to approve the Action
Item subject to the findings and conditions recommended by the
Estes Valley Planning Commission, and it passed with Trustee
Elrod abstaining.
4. ACTION ITEMS:
1. PHASE V BOND PARK DESIGN APPROVAL.
Director Zurn briefly reviewed the Phase V Bond Park design previously
presented to the Board and public. The improvements would focus on
completing sidewalk and seat wall elements, landscaping along Elkhorn
Avenue, and an add alternate for a shelter at the Virginia Drive/Elkhorn
Avenue intersection. Staff would proceed with advertising for construction bids
once the final design is approved, with construction scheduled to begin in the
fall and conclude in the spring of 2013. The base cost of the phase would be
$340,000 with an additional $135,000 for the completion of the structure.
Board discussion followed on specific design elements including areas for
tents, the removal of the kids climbing structure, lighting along the seating wall,
and lighting and electrical outlets in the structure.
Johanna Darden/Town citizen opposed the spending of Open Space funds to
fund the improvements, and voiced concern with the health of the trees in the
area during and after the construction.
After further discussion, it was moved and seconded (Blackhurst/Ericson) to
approve the Bond Park Phase V design as presented and proceed with
the construction bid process, and it passed unanimously.
2. STATUS OF THE TRANSPORTATION VISIONING AND SHUTTLE
COMMITTEES. Administrator Lancaster requested direction from the Board
on whether or not to continue the two committees, and if continued what would
be the role, how would the members be appointed, and what would be the
scope of each committee. He recommended bylaws be created for each of the
committees if continued.
Trustee Norris stated the Board needs to develop a policy on the formation of
committees. Trustee Blackhurst stated the TVC has completed its task with
the report recently presented to the Board. He suggested a new advisory
committee be developed to work with Public Works staff on future
transportation projects. Trustee Elrod suggested a new committee form to
address mobility and circulation to include other forms of transportation
including bikes, trails, etc. Board discussion followed with a consensus to
continue each committee as separate advisory committees with clear
guidelines and bylaws through 2013.
Public comments in support of continuing the committees were heard from
Sandy Osterman/Town citizen, Joe Walsh/General Manager of Rocky
Mountain Transit, Corey LaBianca/Town citizen, Fred Mares/Town citizen and
Wayne Groome/County citizen. The changes to the shuttle system have
improved service this year and were a morale boost to the shuttle drivers. The
TVC committee should continue with a formal structure and have a tactical
approach to review short and mid term items.
Board of Trustees — July 24, 2012 — Page 5
Mayor Pinkham whereupon he adjourned the meeting at 9:09 p.m
--
illiam C. Pinkham, Ma/-/yor
. O 9 . nm
J�iccie Williamson, Town Clerk