HomeMy WebLinkAboutMINUTES Town Board 2011-06-14Town of Estes Park, Larimer County, Colorado, June 14, 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 14' day of June, 2011. Meeting called to
order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
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.
Johanna Darden/Town citizen thanked the Board for supporting the Recreational
District and CDOW in the efforts to educate the public about elk. The volunteers along
the lake path have been providing sound advice as to location and habits in order to
avoid confrontation with the elk. She stated the process for determining projects in
town or projects supported by the Town should receive more input from the public.
Charley Dickey/Town citizen commented on a letter submitted to the Public Safety,
Utilities and Public Works Committee with regard to the congestion and safety hazards
downtown with the current signal and pedestrian crossings. The Town should review
the changes. He would also encourage the Town to fund an additional Community
Service Office during the summer.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Miller stated the Old Fall River Road may not be cleared until the middle of
July and high avalanche danger continues to exist. A group would form to consider the
formation of a business development center such as the one in Loveland. The LMD
has narrowed the selection for a destination marketing consultant that would begin a 6
to 8 month process and form a branding team to work closely with the consultant. The
2012 visitor guide development has begun and would have a new format for the
upcoming year.
Trustee Koenig announced the Sister Cities organization is looking for a new board
member. The Rooftop Rodeo committee has begun the countdown for the rodeo and
parade during the week of July 12th
Trustee Ericson commented on the continued progress of SOPA through the expansion
of the board and committees. SOPA recently made a presentation to ARD and during a
special meeting of the board approved a Resolution in support of the Elkhorn project.
Board of Trustees — June 14, 2011 — Page 2
Trustee Blackhurst stated the Town has no control of the signaling and timing of the
state highway that runs through town. The Public Works department has pointed out
the concerns to no avail.
Mayor Pinkham reminded the public of the ribbon cutting for the new transportation hub
on Friday, June 17, 2011 at 1:00 p.m.
TOWN ADMINISTRATOR REPORT.
Administrator Halburnt stated Town staff continues to monitor river flow status on a
nightly basis. The sand facility has been made available to the public by appointment
from 7:00 a.m. to 3:00 p.m.
1. CONSENT AGENDA:
1. Town Board Minutes dated May 24, 2011 and Town Board Study Session
Minutes dated May 24, 2011.
2. Bills.
3. Committee Minutes.
A. Public Safety, Utilities, and Public Works, June 9, 2011.
4. Estes Valley Board of Adjustment Minutes dated May 3, 2011
(acknowledgement only).
It was moved and seconded (Levine/Blackhurst) the Consent Agenda be approved,
and it passed unanimously.
2. ACTION ITEMS:
1. REFERENDUM PETITION REQUESTING REPEAL OF HISTORIC
PRESERVATION ORDINANCE #09-11. Town Clerk Williamson stated on
March 29, 2011, a referendum petition was submitted requesting the Board of
Trustees repeal Ordinance #09-11 Historic Preservation. After a second
review, the first printer's proof was approved on April 4, 2011. On April 15,
2011 petitions were submitted by petition proponents Connie Rae Phipps and
Ann Melva Racine with a total of 21 petitions containing 357 signatures. A
signature verification (based on the Larimer County Voter Registration
Records) was completed on May 2, 2011 and the following was determined:
• Twenty-one (21) signatures were disqualified (approximately 7.9%).
• Two -hundred forty-four (244) signatures were verified.
• Seventeen petitions were used to verify the necessary number of
signatures.
• A Statement of Sufficiency was issued on May 2, 2011 to the Board of
Trustees and the petition proponents.
• On May 25, 2011 a protest to the Referendum Petition was submitted per
CRS 31-11-110 by Belva Sharron White and Robert C. Ernst.
• A protest hearing was held on June 8, 2011 and the findings of the
hearing were issued on June 13, 2011 finding the petition sufficient and
establishing the final determination of petition sufficiency.
The Board of Trustees must consider the Referendum Petition and either: (1)
repeal Ordinance 09-11 Historic Preservation, or (2) refer the issue to the
registered electors of the municipality at a regular or special election on a
Board of Trustees — June 14, 2011 — Page 3
Tuesday, held not less than 60 days and not more than 150 days after the final
determination of petition sufficiency.
Public comment in favor of setting the issue for election was heard from
Charley Dickey/Town citizen, Billy Ward/Town citizen, Dick Spielman/Town
citizen, Rich Johnson/Town citizen, Ron Norris/Town citizen; and Sharry
White/Town citizen.
Public comment in favor of repeal of Ordinance #09-11 was heard from Larry
Jones/Town citizen, Connie Phipps/Town citizen; Bob & Elaine Winslow/Town
citizen, Bonnie Watson/Town citizen, Diane Rayburn/Town citizen, Richard
Homeier/Town citizen, Annie Kidwell/Town citizen, Harry Hutchinson/Town
citizen, and Jeri Frantz/Town citizen. Comments included the issue does not
warrant spending money on an election; there is no need for local government
to dictate private land; the historic preservation ordinance would not be 100%
voluntary because of the required survey of all historic property that would be
published throughout town; and historic building designation can be obtained
by individual property owners without forming a CGL.
Trustees speaking in favor of repeal included: Trustee Blackhurst stated this is
the first referendum petition for the Town. The ordinance has significant
issues and has divided the community; Mayor Pro Tem Levine commented
after considerable research his opinion for the ordinance has changed; and
Trustee Koenig stated concern with the timing of an election in November
when many in the community would not be in town.
Trustees Ericson and Elrod spoke in favor of setting the item for an election to
allow the citizens the opportunity to vote on the issue.
It was moved and seconded (Blackhurst/Koenig) to repeal Ordinance #09-
11, and the vote was a tie with Trustees Blackhurst, Koenig and Levine voting
"Yes" and Trustees Elrod, Ericson and Miller voting "No". Mayor Pinkham
casted a "Yes" vote to break the tie and affirm the repeal of Ordinance #09-11.
2. ORDINANCE #16-11 AMENDING CHAPTER 10.16 TO ALLOW PARKING OF
RECREATIONAL VEHICLES AT STANLEY FAIRGROUNDS.
Chief Kufeld commented on the need to regulate parking specific recreational
vehicles in the new transportation hub parking lot at the Fairgrounds at Stanley
Park. Municipal Code Chapter 10.6 would be amended to allow the parking of
such vehicles for greater than 18 consecutive hours by permit only and in
conjunction with a Town sanctioned special event at the fairgrounds. Town
Attorney White read Ordinance #16-11. It was moved and seconded
(Blackhurst/Ericson) to approve Ordinance #16-11, and it passed
unanimously.
3. CASTA/CDOT TRANSPORTATION GRANT OPPORTUNITIES.
Director Zurn stated in 2010, the FTA released six Notices of Funding
Availability (NOFAs) between April 13 and July 28. Many of these grants
required that projects be submitted in a consolidated application by the state.
CASTA and CDOT worked with transit agencies throughout the state to apply
for these consolidated applications, but short deadlines made it difficult to
provide sufficient review and assistance to agencies. Given recent
developments in Congress on the FY2011 budget, it is highly likely that the
FTA will again be releasing a similar flood of NOFAs this year. CASTA and
CDOT have initiated a process to collect information before issuance of these
NOFAs, so that CASTA can identify and prioritize projects for each grant
opportunity and submit the most competitive package of projects possible. In
Board of Trustees — June 14, 2011 — Page 4
an effort to position the Town's next transit priority project, the Town would
need to submit a commitment letter. The priority project consists of the further
expansion of a transit center at the CVB location to serve the Highway 34
corridor. The expansion is estimated to be an elevated structure no taller than
30 feet, matching the existing architectural structure of the CVB, and totaling
approximately 300 vehicles. The estimated cost for this facility is $4.5 million.
The Town would need to match 20% of this budget or approximately $900,000.
It is not clear depending on funding source whether or not the land value can
be part of the Town's commitment. Staff would continue to look for other
alternatives for funding the match such as other stakeholders in the
community; i.e. other governmental entities. The Town would not receive
information on the likelihood of the grants for approximately 4 to 5 months.
Board comments included: stated concern with the number of other capital
projects that need to be completed and the recent completion of a
transportation hub for which use has not been determined; does the Town
need additional parking at this time; and would like assurance the Town can
back out of the commitment if it is determined later not to be feasible.
Trustee Blackhurst commented a parking structure has not been looked at in
the past due to cost. This would provide the Town the opportunity to construct
a parking garage for less than a $1 million dollars on property the Town
already owns. The Town should move forward and continue investigating the
opportunity. Trustee Miller agreed and stated the location would be optimal.
Administrator Halburnt stated the Town continues to identify and apply for
grant opportunities, and in this instance, CDOT and CASTA are requesting a
commitment letter up front instead of during the award of the grant. Guidelines
for the grants have not been identified, and therefore, the Town would only be
stating the Town has the funds to consider a possible grant opportunity. There
is nothing confirming the Town's acceptance of the grant at this time.
Lew Larik/Town citizen stated support for the additional parking in town.
Johanna Darden/Town citizen voiced concern with constructing additional
parking and questioned if the Town has completed studies to determine the
ideal number of tourist in an effort to maintain the character of the town. She
would not be in favor of the Town expending additional funds for a parking
structure.
Charley Dickey/Town citizen stated the construction of a parking structure
would be a good idea. He commented the Transportation Visioning Committee
has not had a chance to review the issue and stated concems with the
expenditure of funds to address 45 days out of a year.
After further discussion, it was moved and seconded (Blackhurst/Elrod) to
approve the commitment letter to CDOT and CASTA for future
consideration of grant funding for the expansion of the transit parking at
the CVB, and it passed with Mayor Pro Tem Levine and Trustee Ericson voting
"No".
3. REPORTS.
1. CAPITAL PROJECT UPDATE.
Bond Park Phase I and III are complete; however, issues with the pavers on
MacGregor Avenue continue to be addressed with a geotechnical engineering
Board of Trustees — June 14, 2011 — Page 5
firm hired to evaluate the cause. The new storm drainage has been completed
and functioning as anticipated.
The transportation hub has been substantially complete with the lighting
fixtures to be installed and determining how access on and off of 4th Street
would be addressed. Staff has also discussed marking the curbs red in front
of the mail cluster boxes, placing no parking sandwich boards on North and
South Street, and signage would be installed to direct the public to the
grandstand restrooms.
Mayor Pinkham called a 10 minute break at 9:15 p.m. and reconvened the
meeting at 9:25 p.m.
2. ECONOMIC IMPACT ANAYSIS AND MEMORANDUM OF UNDERSTANDING
WITH ELKHORN PROJECT INC. FOR RTA APPLICATION.
Frank Theis/Elkhorn Project Inc. (EPI) stated the RTA application would be
due by June 30, 2011. The project itself has three main components including
the restoration of the lodge, ski adventure park and a cultural area with a
performing art center, a museum and living history center. The project would
attract approximately 150,000 new visitors to the area and 500,000 current
visitors. This project would be a public -private partnership between the Town
and Elkhorn Project Inc. Attorney Greg White clarified the Town statutorily
cannot enter into public private partnerships but can contribute to the project if
there is a public benefit. SOPA has approved an MOU with Elkhorn Projects
to possibly relocate the performing art theater to the Elkhorn Project. The
application has been completed with private funding and the support of Town
staff. The benefits to the entire community would be enormous and provide a
balanced local economy. Jerry Zahourek/Elkhorn Lodge property owner stated
the development would be good for the community. Todd Jirsa/Elkhorn Project
Inc. stated the most important for the community is the creation of 300 to 400
jobs that would be created with the project.
Kimberly Campbell/EPI presented an overview of the economic analysis
prepared by DK Advisors. If awarded the project would begin construction in
2012 with full operations commencing in 2015. The three year construction
phase would generate 88 onsite jobs and 64 secondary jobs with
approximately $256,000 in sales tax generated for Estes Park. In 2015 there
would be 265 job onsite and 107 offsite with $687,400 in local sales tax
collected each year or $6 million over 10 years.
Curt Gleaves/EPI outlined the financing of the project stating the project would
be funded through contributions from the Town on construction costs, 56%
privately funded by the operators on the property, SOPA funds, and a USDA
guaranteed loan. The Town's contribution would be 5% in addition to a $7
million loan from the Town. EPI continues to review the possibility of revenue
bonds as an option; however, the bonds are not as financially attractive
because they would be private activity bonds rather than tax exempt bonds.
Funding would consist of $16.5 million from the ski operator, $8 from the hotel
operator, $3 million from SOPA, $2.5 million from the living history/museum
operator and $450,000 in FOSH funds. The loan from the Town would be paid
back with Public Improvement Fees (PIF), a 7.7% fee on all transactions on the
property that are exempt from sales tax, and RTA funds.
The Board questioned when a complete application would be submitted for
review; several Trustees like the concept; want to see how the project meets
the goals outlined in the application process; and Trustee Miller stated the
importance of having onsite employee housing.
Board of Trustees — June 14, 2011 — Page 6
Timothy Young/Town citizen questioned where the money would come from to
finance the project and stated there could be a higher use for the property.
Marie Steinbreher/Town citizen stated no one has asked the neighbors for
comments and concerns. Johanna Darden/ Town citizen would like the Town
to have public comment and input as to whether the Town should support the
project prior to staff working on the project. She stated the Town should
consider purchasing the property and leaving it an open space. Susan
Robertson/Town citizen commented the hill side would be destroyed with the
current proposal and cause a number of environmental issues. Charley
Dickey/Town citizen spoke in favor of the project and stated the businesses in
town are supportive of the proposal.
Curt Gleaves/EPI stated the MOU has been reviewed by the staff and Attorney White.
The Town has not expended any funds in preparing the application and would have
until August 9, 2011 to withdraw the application. The Town would pay for the third
party economic analysis if the application were to move forward. The Town would
lease 1 acre foot of Windy Gap water to EPI for the project. The upper 40 acres of the
property would be annexed and rezoned to Commercial Outlying. Mr. Theis stated EPI
would request the lower portion of the property be rezoned to Commercial Downtown.
The project would go through the normal planning review process with the opportunity
for public review and comment throughout. EPI requests the Town consider the
relocation of the performing art theater to the project and reallocate site improvement
funds to EPI for improvements at the Elkhorn site. EPI would ask the Town to consider
riverfront improvements of approximately $1 million and incorporate the old Highway 34
bridge trusses on the property. The $7 million loan would bear interest at 3% and
would be repaid in 10 years through PIF fees and RTA funds. The MOU would not
commit the Town to any fees and only requests the Town to consider the items listed
above.
Mayor Pinkham requested a special meeting on Monday, June 20, 2011 at 6:00 p.m. to
consider the application to determine if the project is viable and discuss the MOU. The
Board would provide Administrator Halburnt with questions to be addressed by EPI at
the meeting.
Whereupon Mayor Pinkham adjourned the muting 11 05 p.m.
William C. Pinkham, Mayor
ie Williamson, Town Clerk