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HomeMy WebLinkAboutMINUTES Town Board 2011-06-28Town of Estes Park, Larimer County, Colorado, June 28, 2011 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 28' day of June, 2011. Meeting called to order by Mayor Pinkham. Present: Also Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tenn Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Greg White, Town Attorney Jacquie Halburnt, Town Administrator Jackie Williamson, Town Clerk Absent: Lowell Richardson, Deputy Town Administrator Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT. Bill Darden/Town citizen commented the Town Board should be concerned with the retired and aging population, and the decrease in school enrollment should not be of interest to the Town. There should be early notice of planned projects, ample time to review items, substantial public input, accurate costs estimates provided and an accounting of how projects would be funded. Projects requiring financing, land use decisions and/or use of Town owned water rights cease to be private developments. He stated anything increasing the sales tax may not be desirable to the public and the citizens may prefer a smaller and leaner government. Johanna Darden/Town citizen questioned the Town moving forward with Bond Park Phase 11 design when there are issues still unresolved with Phases I and 111. She requested the "Help Preserve Open Space Initiative" funds not be used to pay for the remaining phases of the Bond Park Master Plan, and asked for open discussions with the citizens prior to the planning for Phase II. Charley Dickey/Town citizen stated he rode the shuttle from the transportation hub this weekend along with 88 others. He commented many of the shuttles were full at points during the day. The traffic downtown was good with an event being held in Bond Park, and encourages more events downtown to bring more people to town. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Elrod reviewed items discussed at the recent EVPC meeting including a discussion on what Town projects require review by the Commission, the need to review detached ADUs and grandfathering of such units, and Religious Land Use and Institutionalized Persons Act continues to be reviewed by the Commission. Trustee Ericson commented on the postcard notices received by 1200 citizens of the town for the citizen survey and encouraged the return of the surveys. The Transportation Visioning Committee (TVC) presented the Town Board with a status report and will be soliciting public comment on transportation options for the valley. Board of Trustees — June 28, 2011 — Page 2 Trustee Koenig and Miller thanked the community for allowing them to attend the recent CML conference providing opportunity to improve skills and exchange ideas with fellow colleagues. TOWN ADMINISTRATOR REPORT. • Staff continues to monitor the river flows nightly. There has been minor flooding in the Post Office parking lot with flows around 1200 cfs. The potential for high water still exists and encouraged everyone to stay vigilant. • The Tree Board to host Tree Talks with three scheduled: July 11th — Selecting Plants for the Estes Valley, August 15th — Fire Mitigation for Forests Large and Small, and September 26th — Forest Stewardship and Fall Pine Beetle Mitigation. • Weeds are being accepted in paper bags and beetle kill trees at the Town yard, 666 Elm Road. 1. CONSENT AGENDA: 1. Town Board Minutes dated June 14, 2011, Town Board Study Session Minutes dated June 14, 2011 and Special Town Board Minutes June 20, 2011. 2. Bills. 3. Committee Minutes: None. 4. Estes Valley Planning Commission Minutes dated May 17, 2011 (acknowledgement only). Johanna Darden/Town citizen requested the Special Town Board minutes for June 20, 2011 be removed and discussed as an action item. It was moved and seconded (Levine/Miller) the remaining Consent Agenda be approved, and it passed unanimously. Action Item — Special Town Board Minutes June 20, 2011 — Johanna Darden/Town citizen requested her comments be revised to reflect her concern that Town projects receive citizen input before projects begin, to establish if the public deems a project worthy of moving forward prior to the Town Board committing funds, hiring a consultant, etc. It was moved and seconded (Levine/Blackhurst) the minutes from June 20, 2011 be approved with noted change, and it passed unanimously. 2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. AMENDED PLAT 1. Portion of the NE % of NW 14 S31, T5N, R72SW, Lot 10, Bonnie Brae Addition, and Lot 23, South Saint Vrain Subdivision, 1101 Lexington Lane; Timbie Amended Plat; Michele Timbie/Applicant. 2. Lot 1, Sundance Mountain Subdivision, 1531 Fish Hatchery Road; Livingston Amended Plat; Jane Livingston/Applicant. Item continued to July 26, 2011. Trustee Miller requested Item A.1 be removed and discussed, Mayor Pinkham closed the public hearing and it was moved and seconded Board of Trustees — June 28, 2011 — Page 3 (Blackhurst/Miller) the continuation of Item A.2 to July 26, 2011, and it passed unanimously. Item A.1 — Trustee Miller stated concern with the new lot lines being proposed as it appears the new lot line would run through the middle of a structure. Staff confirmed the lot line proposed runs through a parking area and not a structure. As there were no further comments, the Mayor closed the public hearing and it was moved and seconded (Miller/Koenig) to approve Item A.1 with staff conditions of approval, and it passed unanimously. 2. ACTION ITEMS: A. VESTING PERIOD AND DEVELOPMENT EXTENSION 1. Development Plan 03-16, Stanley Avenue Condominiums, 444-508 Stanley Avenue & 505-519 St. Vrain Lane; Stanley Avenue Condominiums LLC/Applicant. Mayor Pinkham opened the public hearing. Planner Shirk stated the development plan was originally approved by the Planning Commission in November 2003 and expired in March 2011 because of a lack of construction activity. The developer is requesting a three year extension of the development plan approval and vesting period through March 11, 2014. The project has been substantially completed with one triplex to be completed. Discussion was heard among the Board on the effectiveness of Ordinance #17-10 when developers continue to ask for substantially more time than the allowed one year extension staff can approve. After further discussion, Mayor Pinkham closed the public hearing and it was moved and seconded (Blackhurst/Miller) to approve the extension of the vesting period for Development Plan 03-16 to March 11, 2014, and it passed unanimously. 3. LIQUOR ITEMS. RENEWAL APPLICATION FILED BY DCALS ENTERPRISES, INC. dba LONIGANS SALOON NIGHTCLUB & GRILL, 110 W. ELKHORN AVENUE. Town Clerk Williamson stated the licensee failed a state compliance check in January 2011; therefore, the Board requested the renewal application be reviewed rather than administratively approved. The licensee and staff completed T.I.P.S. training on April 2, 2011 and attended the State Liquor Enforcement training on May 5, 2011. Mr. Callahan was present and stated the business had completed the stipulation process with the State and paid the required fine in lieu of shutting down. The employee was let go immediately. He confirmed his commitment to the continual training of the staff and the requirement for all staff to be T.I.P.S. trained. Mayor Pro Tem Levine and Trustee Miller stated the licensee is the first line of defense and commended the licensee for the efforts on maintaining a trained staff and for the quick action taken. It was moved and seconded (Ericson/Levine) to approve the renewal application for DCALS Enterprises, Inc. dba Lonigans Saloon Nightclub and Grill, and it passed unanimously. 1. TRANSFER OF OWNERSHIP — FROM ESTES PARK VILLAGE PIZZA, INC. DBA VILLAGE PIZZA TO JDDCT, INC. DBA VILLAGE PIZZA, 543 BIG THOMPSON AVENUE. Town Clerk Williamson reviewed the transfer application submitted by the applicant stating all necessary paperwork and fees had been submitted. A temporary permit was issued on March 31, 2011. Board of Trustees — June 28, 2011 — Page 4 T.I.P.S. training was completed by the manager of the new establishment and staff has encouraged one of the licensees to become T.I.P.S. trained in the future. Chris Reppert was present to represent the business. This business failed the compliance check conducted in January 2011 during the previous ownership. Mayor Pro Tem Levine reinforced the licensee is the primary first line of defense, the repercussions that can occur with a violation and the need to check IDs. He also encouraged the owners to become T.I.P.S. trained as well as the manager. It was moved and seconded (Levine/Koenig) to approve the transfer application filed by JDDCT, Inc. dba Village Pizza, and it passed unanimously. 4. ACTION ITEMS 1. 2010 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). Finance Officer McFarland presented an overview of the annual financial reporting process. The auditing firm of Swanhorst & Company, LLC conducted an independent audit of the Town of Estes Park's financial statements as of December 31, 2010 and have expressed an unqualified opinion (clean opinion) that the financial statements presented fairly, in all material respects, the financial position of the funds and activities of the Town of Estes Park in conformity with Generally Accepted Accounting Principles (GAAP). Wendy Swanhorst/ Swanhorst & Company, LLC, discussed the CAFR highlighting the continued need to track grants, provide training, and file them in a centralized location. The Town did not expended government grants in excess of $500,000 in 2010, and therefore, a single audit was not required. The audit identified the purchase of gift cards with credit cards and due to the increased risk of abuse, discouraged the purchase and use of gift cards. The Town is responsible for income tax withholding for gift cards given to employees. No difficulties were encountered in performing the audit and staff was very professional and helpful through the process. New accounting standards would apply for the 2011 audit allowing the governmental entity to more accurately label funds to identify restricted funds, thereby clearly illustrating funds that are unrestricted. Trustee Blackhurst stated he would like to see the cover letter address the fact that unrestricted funds are not available for other projects in the community. Trustee Elrod questioned the repeated comment to centralized grant files, the lack of controls in place for gift cards, and whether petty cash funds were reviewed. Ms. Swanhorst stated the Town would be required to complete a single audit in 2011, and therefore, the audit was reinforcing the practice of centralizing files in preparation of next year's audit. Staff stated ongoing training on grant administration continues. Town Administrator Halburnt stated staff centralized grant tracking in 2009 in the Finance Department and in 2010 began the process to adopt a new financial policy outlining how grants are administered. The new policy was completed in 2011 and is in compliance with Federal regulations. Ms. Swanhorst confirmed that the audit found no instances of mismanagement of gift cards. After further discussion, it was moved and seconded (Ericson/Blackhurst) to approve the CAFR for the year ending December 31, 2010, and it passed unanimously. 2. RTA APPLICATION PREPARED BY ELKHORN PROJECT INC. Town Administrator Halburnt reviewed the Town's responsibilities as it relates to the award of the Regional Tourism Authority grant. The Town would need to submit the application; lease 1 acre of land given to the Town in 1961 as part of an annexation and no use restrictions exist; the MOU indicates the Town Board of Trustees — June 28, 2011 — Page 5 may consider a loan with no amount indicated, $1 million in infrastructure improvements, inclusive of any utility requests; $1.2 million in Town commitments for infrastructure improvements for the performing arts theater if it were to be relocated to the Elkhorn property; $217,000 annual subsidy for the theater move to the new site and would require a new MOU with SOPA; FOSH Funds be released to SOPA; fee waivers for planning applications; the Town would be responsible for the third party analysis fee if the application moves forward estimated between $20,000 to $50,000; and the leasing of water rights to the EPI to sublease to the operator. Staff recommends the Board consider the following as ways to contribute to the project, independent of financial contributions: lease a portion of the water rights for snow -making, waive planning application fees, lease 1 acre of land for $1/year, and support the formation of an Urban Renewal Authority (URA) to allow for the public/private partnership and provide a funding source for the project. Frank Theis/Elkhorn Project Inc. (EPI) would not be interested in forming a URA because of the taxing implications for other taxing entities within the valley. RTA funding would be the proper method for funding the project. Todd Jirsa/EPI confirmed meetings were conducted with the neighboring property owners since the last meeting with 49 contacts made and 8 attendees. He stated several suggestions were made during the neighborhood meetings regarding issues such as site distance and the planting of additional trees for screening. Curt Gleaves/EPI stated all changes suggested by Attorney White have been included, Exhibit E of the MOU was removed including the PIF funding, collateral for any potential loan in the future would include real property, and legal and accounting fees would be for the RTA and not for EPI. Comments in support of the project were heard from Verd Bailey/Town citizen (via email read by Mr. Jirsa), Doug Klink/County citizen, Cheryl Klink/School Board member, Charley Dickey/Town citizen, Jim Tawney/Town citizen, and Terry Bogener/Town citizen. The project is a once in a life time opportunity and would change the way the Town does business. The project would attract younger families and provide jobs. The community needs a vibrant mix of citizens and the project would provide more opportunities for all. Increasing economic development would help the community grow and the proposed tax revenues would carry the town well into the future. The project would increase tourism and provide a year-round economy. Johanna Darden/Town citizen spoke in opposition to the project stating the project is speculative with several unknowns still needing to be addressed. Glen Malpiede/ Town citizen and SOPA member stated the relocation of the performing art theater to the Elkhom property would be the decision of the Town Board. Trustee Miller expressed appreciation to EPI for the efforts in preparing the application. He stated he likes the concept if it works. He continues to have concern with issues outlined in the MOU that are potentially misleading, the Town's consideration of a loan, and the commitment of Town funds to improve private property. The submittal of the application would not cost the Town financially. He stated if the Board approves the application tonight it does not mean the Town approves the development. Trustee Ericson requested a limit be set on the SOPA funds that would be committed to the project. The application contains language that does not commit the Town to specifics. Town Administrator Halburnt and Town Attorney White confirmed a new MOU would need to be developed between the Town, SOPA and EPI if the project receives RTA funding and the performing arts Board of Trustees — June 28, 2011 — Page 6 theater relocates to the Elkhorn property. The Town has estimated infrastructure improvements at the fairgrounds at $1.2 million; however, there are unique issues that exist at both locations. Trustee Elrod reconfirmed he could not support spending Town funds on a gamble, and therefore, could not support the application. He thanked EPI for the efforts and responsiveness to the Board comments and willingness to address the Board's concerns. Trustee Blackhurst stated the community voted to dissolve the Estes Park Urban Renewal Authority that facilitated property value growth, sales tax increase over 25 years and benefited all the taxing entities in the valley. The Board has been asked to form a new authority to help develop one private property owner (EPI) and increase the sales tax for one entity (Town). EPI has stated there are private developers waiting to finance approximately $25 million in funding; however, EPI has stated the project would not be successful without RTA funding and Town funding. He would not support the application and stated the project is not in the best interest of the Town or the citizens. Trustee Koenig appreciated the changes that have been made to the application since the last meeting. She stated the Town should not fund a private enterprise; however, the increase to the sales tax base would be beneficial to the community. She supports submitting the application for review by the RTA to decide whether or not the application meets the guidelines. Mayor Pro Tem Levine stated the submittal of the application allows the Town to obtain more information. He stated a comfort level with the current financial obligations by the Town. He stated support for the application. After further discussion, it was moved and seconded (Koenig/Levine) the Elkhorn Regional Tourism Project application and the MOU between the Town and Elkhorn Project Inc. be approved, and it passed with Trustees Blackhurst and Elrod voting "No". 3. MEMORANDUM OF UNDERSTANDING WITH ELKHORN PROJECT INC. FOR RTA PROJECT. Item not addressed separately by the Board. Whereupon Mayor Pinkham adjourned the meeting at 9:4 William C. Pinkham, Mayor Jackie Williamson, Town Clerk