HomeMy WebLinkAboutMINUTES Town Board 2012-05-08Town of Estes Park, Larimer County, Colorado, May 8, 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 8th day of May, 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
Greg White, Town Attorney
Lowell Richardson, Interim Town Administrator
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: MONTH OF THE TREE.
Mayor Pinkham presented a proclamation to Sandy Burns/Tree Board member and
Karen Glassman/Elementary Principal honoring May as the month of the tree and
announcing the Tree Symposium on May 16th and Arbor Day celebration at the
Elementary School on May 18th
PUBLIC COMMENTS.
David Krumme/County resident stated the Town's fiber is a valuable asset, which is
under-utilized and would be beneficial to the Town's future economic development. He
supports further study of how the fiber could be used and offered his help in doing so.
Johanna Darden/Town citizen requested the Town Board not support the leasing of
water rights to the oil and gas industry for the process known as fracking due to the
unknown environmental effects.
Charley Dickey/Partners for Commerce Board member commented on the well -
attended EDDC conference; educational opportunities being offered by Partners,
development of a task force to move the discussion of economic development forward,
and thanked Town staff for another successful sidewalk sale. He stated Partners would
work with downtown businesses to ensure the regulations for the sidewalk sale are
followed in the future.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson stated the recent open house for hunting in Hermit Park was
successful and well -attend.
Mayor Pro Tem Blackhurst welcomed the new Board members. The Estes Park
Housing Authority would meet on Wednesday, May 9, 2012 at 8:30 a.m. in Room 203.
The Public Safety, Utilities and Public Works Committee would meet on Thursday, May
10, 2012 at 8:00 a.m. in the Board Room.
Board of Trustees — May 8, 2012 — Page 2
Trustee Koenig commented the Sister Cities Committee continues to seek members,
exchanges to be held in July, and an ECO event at the fairgrounds in August. Western
Heritage (Rooftop Rodeo Committee) continues to gear up for the Rodeo in July.
Trustee Elrod reminded the public of the two Town appointed vacancies on the Estes
Valley Planning Commission Board.
TOWN ADMINISTRATOR REPORT.
March sales tax was up 16% over last year and up 12.1% from the 2011 budget. A
sales tax report and first quarter financials would be presented at an upcoming
meeting.
1. CONSENT AGENDA:
1. Town Board Minutes dated April 24, 2012.
2. Bills.
3. Committee Minutes:
a. Community Development/Community Services, April 26, 2012.
4. Estes Park Tree Board minutes dated March 30, 2012 (acknowledgement
only).
5. Model Traffic Code, Revised 2010 — Introduce Ordinance and set Public
Hearing for June 12, 2012.
Trustee Elrod requested Consent Item 1.2 Bills be removed and discussed as an action
item. Mayor Pro Tem Blackhurst urged the Town Board to discuss the Retail Sales
Policy at the Visitor Center at an upcoming study session to provide staff with direction
prior to staff reviewing and making recommendations to the CDCS Committee. Trustee
Ericson stated the review of the policy came from a public request. He requested the
Board review the Committee processes at an upcoming study session.
After further discussion, it was moved and seconded (Blackhurst/Koenig) to approve
the Consent Agenda Items 1.1, 1.3, 1.4 and 1.5, and it passed unanimously.
Action Item — Consent Item 1.2 Bills — Trustee Elrod questioned the reoccurring
reimbursement of Mayor Pinkham's phone bill. He requested reimbursement items and
the purchasing of logo wear be discussed by the Board and a policy developed. The
Board consensus was to discuss a reimbursement policy at the study session on June
12, 2012. Trustee Elrod questioned if the practices should be placed on hold until the
Board discusses a policy. Trustee Koenig and Mayor Pro Tem Blackhurst stated
current practices should be followed until further discussion by the Board. It was
moved and seconded (Blackhurst/Norris) to approve the Consent Agenda Item 1.2
Bills, and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS.
1. STATE OF THE TOWN.
Mayor Pinkham presented a state of the Town address highlighting the
following: the addition of two new Board members; a new Town Administrator;
prudent management in the past has the Town in a good financial position;
revenues are not keeping up with inflation and lag by 13% in 2012 over 2005;
continue to review how to strengthen the economy moving forward to close the
gap; capital projects — road maintenance and upgrades, transportation hub,
CDOT enhancements, parking garage grant, MacGregor Avenue, Manford
Avenue resurfacing, Prospect Avenue reconstruction, Bond Park,
improvements to the Light and Power infrastructure, and Peacock Park
Board of Trustees — May 8, 2012 — Page 3
improvements; Town continues to rely on its 500+ volunteers to provide
services; reviewed 2012 Goals; the Town's median age is 51.5 versus 36.1 for
Colorado; future concerns include the financial status of the nation, state and
county, disposable income of visitors, cost of living for the workforce,
managing growth while preserving the Town's character, and maintaining
infrastructure.
2. 2012 REVISED IT CAPITAL EXPENDITURES.
Superintendent Fraundorf stated the 2012 budget approved by the Town
Board allocated $20,000 to improve or replace audio-visual components in the
Board Room. Staff recommends reallocating the funds to increase services for
the citizens, visitors and employees through improvements to the Board Room
A/V system ($6,000), provide free, public wireless Internet service in Town
Hall, and if feasible, Bond Park ($7,500), and free, public wireless Internet
service in the Visitor Center ($6,500). The cost of the wireless service would
include the signal, access computers, furniture if required, and associated
wiring. There would be ongoing Internet fees associated with providing the
wireless service. Neither service would be attached to the Town's network.
Board support was heard — this would be a positive move making
communication for the visitors easier during their stay, and the request is a
simple reallocation of funds already budgeted. Superintendent Fraundorf
stated the new wireless service should be available in June.
3. LIQUOR ITEMS.
1. APPLICATION FILED BY C-ZAK, INC., DBA RODEWAY INN OF ESTES
PARK, 1701 N. LAKE AVENUE FOR A NEW TAVERN LICENSE (CHANGE
OF CLASS). Town Clerk Williamson reviewed the application for a change in
class from a Hotel and Restaurant liquor license to a Tavern license as
required by the state liquor code. An H&R license requires 25% of sales
receipts from food sales. As the hotel does not have an operational kitchen at
present, the licensed premise is unable to meet the food receipt requirements.
The applicant has submitted all required paperwork and fees. Lillian
Ciezczak/Owner was present and stated she has completed TIPS training in
the past and she would be willing to complete additional training when
available. Mayor Pro Tem Blackhurst stated the TIPS training is important.
He commented the licensee is the first line of defense of the liquor law and
encouraged the business to continue training and to train their staff on the
seriousness of the liquor laws. It was moved and seconded
(Blackhurst/Phipps) to approve the change in class from a Hotel and
Restaurant to a Tavern liquor license for C-Zak, Inc. dba Rodeway Inn of
Estes Park, and it passed unanimously.
4. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or
staff for Town Board Final Action.
ACTION ITEMS:
a. SPECIAL REVIEW 2012-02, COLORADO CARRIAGE & WAGON,
Jim Rice/Owner. Planner Shirk stated the applicant has requested
the operation of a horse-drawn carriage business in and around the
downtown business district. He reviewed the application and the
conditions of approval. The Planning Commission reviewed the
application and recommended approval on April 17, 2012. It was
moved and seconded (Blackhurst/Phipps) to approved Special
Review 2012-02 subject to the findings and conditions
recommended by the Estes Valley Planning Commission, and it
passed unanimously.
Board of Trustees — May 8, 2012 — Page 4
b. SPECIAL REVIEW 2012-03, HEARTS & TAILS CARRIAGE
COMPANY, Jerry Higgason/Owner. Planner Shirk stated the
applicant has requested the operation of a horse-drawn carriage
business in and around the downtown business district. He reviewed
the application and the conditions of approval. The Planning
Commission reviewed the application and recommended approval on
April 17, 2012. It was moved and seconded (Koenig/Blackhurst) to
approved Special Review 2012-03 subject to the findings and
conditions recommended by the Estes Valley Planning
Commission, and it passed unanimously.
Trustee Norris suggested the Special Reviews process should be reviewed for
and simplified for these types of requests. He suggested the code be reviewed
and amendments brought forward for consideration. Mayor Pro Tem Blackhurst
agreed the item should be reviewed by Town staff rather than the current process.
5. ACTION ITEMS:
1. ORDINANCE #05-12 — AMENDING THE LEASE AGREEMENT WITH THE
ESTES PARK LIONS CLUB FOR THE CONCESSION STAND AT STANLEY
PARK FAIRGROUNDS. Manager Winslow stated the concession lease
approved in April 2011 with the Estes Park Lion's Club expires on December
31, 2012, 6 months prior to the expiration of the Club's liquor license. In order
to renew the liquor license, the Club must demonstrate possession of the
property during the entire licensing period. Therefore, staff recommends
amending the Lease Agreement to extend the term through June 30, 2013.
Attorney White read the Ordinance into the record. It was moved and
seconded (Blackhurst/Norris) to approve Ordinance #05-12, the motion
passed with Trustee Koenig abstaining.
2. ESTES PARK MIDSUMMER FESTIVAL IN BOND PARK.
Manager Winslow presented a new event application to the Community
Development/Community Services Committee for the use of Bond Park by the
Longs Peak Rotary Club on July 20-22, 2012 to conduct a Midsummer
Festival. The Committee recommended approval of the event to the Town
Board at their April 26, 2012 meeting. The festival would help the club with
their fund raising efforts to support local organizations in the community. The
event would be a local event emphasizing the participation by local
businesses.
Trustee Blackhurst stated the Bond Park citizen committee raised concerns on
the number of events and recommended a cap of 8 events per year, the
current number of approved events, due to noise, loose of parking, drawing
business way from downtown merchants and eating establishments. Trustee
Koenig stated she has received comments from downtown merchants to
increase the number of events because it helps bring customers to town. It
was suggested a debriefing occur after a new event is added to the park.
It was moved and seconded (Ericson/Koenig) to approve the Midsummer
Festival on July 20-22, 2012 in Bond Park sponsored by the Longs Peak
Rotary, the motion passed unanimously.
3. ESTES PARK HOUSING AUTHORITY BOARD APPOINTMENTS.
Rita Kurelja/Director of EPHA stated the Board advertised two open positions
in the local paper, as well as a news blast by PIO Rusch, two additional media
notices and placed the positions on the Trail Gazette and the Housing
Authority websites. Interviews were conducted by two Housing Authority
Board members Eric Blackhurst and Matthew Heiser of the four applicants.
Board of Trustees — May 8, 2012 — Page 5
The Housing Authority recommends the appointments of Jack Dinsmoor and
Sandy Good to the Authority's Board for five-year terms expiring on April 30,
2017. After further discussion, it was moved and seconded (Koenig/Phipps)
to approve the appointments of Jack Dinsmoor and Sandy Good to the
Estes Park Housing Authority for five-year terms expiring April 30, 2017,
the motion passed with Mayor Pro Tem Blackhurst abstaining.
Trustee Ericson requested staff address term limits with Town appointments to
boards and committees, and he requested the Housing Authority consider term
limits in order to allow new individuals to serve.
4. WIEST RETAINING WALL CONTRACT.
Director Zurn stated on January 24, 2012, the Town Board approved
contracting with Van Horn Engineering to design and develop bid documents
for the replacement of the retaining wall in the Wiest parking lot which has
become unstable. The wall has bowed, leaning onto the private commercial
building at 157 Moraine Avenue. The design includes a Keystone Block
stepped retaining wall with planters, a 6.5 foot wide concrete sidewalk to be
able to utilize a bobcat in the winter to remove snow, black vinyl coated fencing
and modification to the parking lot stalls. A Request for Bids was published in
mid April with three responses submitted:
Firm
City
Fee
Cornerstone Concrete Inc.
Estes Park
$61,751
Mountain Concrete Construction
Estes Park
$86,685
Cornerstone Engineering & Survey
Estes Park
$86,885
Staff recommends Cornerstone Concrete Inc. with a 15% contingency to cover
contractor additions, construction management services and geotechnical
testing services for a total cost not to exceed $71,014. Van Horn Engineering
would provide construction management. The construction would begin on
May 11`h and be completed by June 11th. The project meets ADA requirements
except for where the new sidewalk ties into the existing sidewalk on Moraine
Avenue; however, there are exemptions provided for conditions such as these.
It was moved and seconded (Blackhurst/Koenig) to contract with
Cornerstone Concrete Inc. for the Wiest retaining wall for a not to exceed
$61,751 with a 15% contingency, and it passed unanimously.
5. KIOWA RIDGE LAND PURCHASE (WATER TANK & OPEN SPACE).
Interim Town Administrator Richardson stated staff was contacted by the
Kiowa Subdivision developer Bob Koehler to sell two parcels of land located
within the Kiowa Ridge Subdivision, including Outlot A (PID #3402409001) and
Tract B (3402410002). Outlot A contains a Town owned water tank, with no
current security. Tract B contains 7.96 acres of open space, wetlands, wildlife
viewing, and lies within the Trails Master Plan for the valley and contains a
Conservation Easement allowing trail right-of-way. The acquisition of Outlot A
would allow the Town the ability to properly secure the water tank and the
Town's water distribution system. The property owner has offered the
combined purchase of the properties for $50,000 and would be purchased
using Water Enterprise funds ($40,000) and Open Space funds ($10,000).
The Town does not have a policy on the acquisition of property.
Board discussion and questions are summarized: questioned how the future
uses of the open space lot would be determined; questioned if MacGregor
Ranch would continue to mow the meadow; and has an appraisal been
completed to determine the value of the properties and whether or not the
asking price is reasonable. Interim Town Administrator Richardson stated staff
reviewed the purchase prices with local realtors, determined the cost of
acquiring ROW for the trail at $10,000, and determined the open space has a
Board of Trustees — May 8, 2012 — Page 6
different intrinsic value. Mayor Pro Tenn Blackhurst stated Outlot A is well
within the cost of a commercial property and stated a trail easement would cost
the Town considerably more than $10,000.
Tom Gootz/Town citizen and ARD member stated support for the purchase of
the property, which would reduce the density within the area.
William Howell/Town citizen and Kiowa HOA President stated the HOA
supports the Town purchasing the properties. The HOA would continue to
maintain the subdivision signage on the edge of Tract B. He recommended
the Town make improvements along the roadway for the numerous cars that
stop along the edge of the roadway to view the wildlife. Director Zurn noted
CDOT's willingness to work with the Town to improve pulloffs in the area.
It was moved and seconded (Norris/Phipps) to purchase Kiowa Ridge
Subdivision Outlot A (PID #3402409001) and Tract B (3402410002) at a
cost of $50,000 as outlined above, and it passed with Trustee Elrod voting
"No".
6. AGREEMENTS FOR VIRGINIA DRIVE, PARK LANE AND MACGREGOR
AVENUE REHABILITATION PROJECT - WIDAWSKI PROPERTY.
Staff has been in negotiations with the property owner Thomas and
TeresaMaria Widawski and Prospect Inn, LLC to acquire necessary
easements along Virginia Drive to finalize improvements in the area, including
additional drainage pans and inlets to reduce surface runoff along Virginia
Drive, slope the street away from the rock wall along Widawski property,
transfer load from the existing sidewalk/retaining wall into the bedrock below
with the installation of helical piers; and fill existing voids between the wall and
the sidewalk to decrease settlement. An independent engineer assessed the
improvements and requested the Town modify parking stalls along the
retaining wall from asphalt to concrete to decrease drainage impact; modify
handrail to include 4 inch picket spacing; maintenance of the sidewalk and
handrail would be the Town's responsibility once improvements are completed;
and redesign and install an ADA complaint access ramp into the Widawski
property. The additional improvements are estimated at $10,000. The project
was approved with a 10% contingency and 7% of the contingency is available
to pay for the additional improvements. After further discussion, it was moved
and seconded (Blackhurst/Koenig) to approve the temporary construction
easements and improvement agreement to construct improvements on
Lot 9A, Amended Plat of Lots 9, 201, 11,12 and a portion of Lot 8, Block 1,
Town of Estes Park owned by Thomas and TeresaMaria Widawski and
Prospect Inn, LLC at an estimated cost of $10,000, and it passed
unanimously.
Whereupon Mayor Pinkham adjourned the meeting at,9:35 p.m.
William C. Pinkham, Mayor
kie Williamson, Town Clerk