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HomeMy WebLinkAboutMINUTES Town Board 2011-04-26Town of Estes Park, Larimer County, Colorado, April 26, 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 26th day of April, 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 Lowell Richardson, Deputy 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: ARBOR DAY / MAY — MONTH OF THE TREE. Mayor Pinkham proclaimed May 6th Arbor Day in Estes Park and May as the month of the tree. PUBLIC COMMENT. Charley Dickey/Town citizen stated the business community would like to have a unified voice, unified vision, two-way communication with the Town and other groups; influence public policy, economic support and input, mentoring, networking, new business assistance, group buying, internet technology assistance, and more events and festivals. He commented the most important issue would be communication and would contact PIO Rusch to discuss further. He thanked staff for meeting to discuss the shuttle schedule. He voiced concern with staff addressing questions posed to the Board because it can come across as Town staff setting policy. TOWN BOARD COMMENTS / LIAISON REPORTS. Mayor ProTem Levine thanked the citizens for the large number of Pride Award applications received. He stated the results would be announced at the upcoming volunteer luncheon. Trustee Blackhurst stated the Police Department would conduct a drug take back this weekend through a nationwide program. He addressed an editorial in the paper which stated a long waiting list exists for employee housing; the rental rates are below market rate; and rental payments are a credit toward a down payment assistance program. He stated the rental homes are allocated on a first -come basis and the rental fees are not placed in a down payment account. Trustee Elrod reviewed the items discussed at the recent Planning Commission including PUDs, School Enrollment Information, Town -Owned Properties, Religious Land Use and Institutionalized Persons Act (RLUIPA), Accessory Dwelling Units and recommended approval of two amended plats. Board of Trustees — April 26, 2011 — Page 2 Trustee Ericson stated the auditors completed their data collection and would complete the audit within the next four to six weeks. SOPA continues to move forward with improvements to the website, filling committee positions and focusing on their annual fundraising campaign. Trustee Koenig passed along thanks to the community from the Sister Cities for the books donated for the Costa Rican schools. The Rodeo Committee will begin its 85`h season with the antique show on Memorial weekend. New events at the fairgrounds would include a cat show in barn W, Westerners return to Estes Park and a concert by Michael Murphy. Trustee Miller stated the LMD has received less requests for the visitor guides year-to- date, however, email requests are at last year's levels. The branding process continues to move forward with a consultant to be chosen soon. Mayor Pinkham announced his appointment on the Embrace Northern Colorado leadership team that would begin a five step process reviewing long range sustainability for Larimer and Weld counties. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt provided an update on the Governor's economic development initiative. Lew Gaiter, Don Sandavol, Don Toronto and Don Churchwell were appointed as Larimer County representatives to assimilate the survey and public comments received into five goals including: to increase jobs and personal income levels; sustain a globally competitive workforce; to establish and maintain a globally competitive, predictable tax and regulatory climate; build and maintain economic infrastructure; and build and maintain infrastructure that build and sustain the quality of life for those living in the county. The next step would be for Larimer and Weld counties to meet and develop a regional plan based on both sets of goals. 1. CONSENT AGENDA: 1. Town Board Minutes dated April 12, 2011. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities and Public Works, April 14, 2011. 1. 2011 International 7500 4X4 Dump Truck/Snowplow, $185,548 — Budgeted. 4. Estes Valley Planning Commission Minutes dated March 15, 2011 (acknowledgement only). 5. Resolution #05-11 — Schedule public hearing date of May 10, 2011 for a New Tavern Liquor License Application filed by Cafe de Pho-Thai Inc. dba Cafe de Pho-Thai, 225 W. Riverside Drive. It was moved and seconded (Levine/Blackhurst) the Consent Agenda be approved, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: 1. REGIONAL TOURISM APPLICATION (ELKHORN PROJECT) ECONOMIC IMPACT ANALYSIS UPDATE. Kimberly Campbell/Elkhorn Project Inc. (EPI) Director stated RTA extended the application deadline to June 30'h. A presentation was provided to the Larimer Board of Trustees — April 26, 2011 — Page 3 County Commissioners and a letter of support from the county would be forthcoming. She reviewed the preliminary economic impact assessment for the Elkhorn project as prepared by Doug Kennedy Advisors. She stated the consultant broke the project into two phases, the construction and ongoing operational. It is projected the project's development cost would be $31.5 million. The project would generate 398 construction jobs and $57.3 million in private sector economic activity. The project development would generate approximately $923,000 in sales tax for the town, county and state. The preliminary operating projections estimate 125 onsite jobs and a total of 194 for the project area. $22.2 million would be generated in annual private sector activity and approximately $634,000 in taxes. She stated the numbers are preliminary and some assumptions would need to be reviewed prior to completing a full economic impact analysis, including a review of the seasonality of the community. The group requested a study session or special meeting to continue discussions with the Board regarding the Town's contribution to the project. Trustee comments and questions are summarized: the purposed RTA project should attract new visitors and the preliminary economic impact assessment for the project indicates it would not be the primary destination but rather a secondary destination; questioned where the preliminary projections came from and why the cost, number of jobs and sales tax projections have change significantly from the initial numbers presented to the Board; the Board expressed concern with the preliminary numbers; and the sales tax numbers could change significantly depending on where construction materials are purchased and where the contractors and subcontractors come from. Ms. Campbell stated the numbers presented in the preliminary assessment would be refined as Elkhorn Project Inc. reviews the assumptions used by the consultant. It is projected a final report would be available within the next couple of weeks, with a final report available by the end of May or first meeting in June for the Board's review. The Board discussed the request for a study session meeting and concluded a public meeting would be appropriate with a roundtable format in the Board Room to receive public comment. 3. LIQUOR ITEMS. 1. RENEWAL APPLICATION FILED BY DEER RIDGE, INC. dba OTHERSIDE RESTAURANT, 900 MORAINE 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 completed T.I.P.S. training on April 2, 2011. Mr. Webermeier was present and stated this was the first time in 33 years his business has failed a compliance check. He also confirmed that many of his staff are T.I.P.S. trained; however, his seasonal staff would double or triple within the next 6 weeks. He confirmed his commitment to training his seasonal staff and having them understand the reasonable requirements. Mayor ProTem Levine stated the licensee is the first line of defense. Johanna Darden/Town citizen commented that everyone employed at a liquor license establishment should be T.I.P.S. trained. It was moved and seconded (Blackhurst/Miller) to approve the liquor license renewal for Deer Ridge Inc. dba the Otherside Restaurant, and it passed unanimously. Board of Trustees — April 26, 2011 — Page 4 4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. Mayor Pinkham opened the Public Hearing for all Consent Agenda Items. 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP 1. Streamside Condominiums on Fall River, Supplemental Condominium Map #1, Lot 1, Streamside Amended Plat of Lot 2, Deer Crest Subdivision, and Tract 59A, Fall River Addition, Van Horn Engineering & Surveying/Applicant. As there were no comments, the Mayor closed the public hearing and it was moved and seconded (Levine/Miller) the Consent Agenda be approved with staff conditions of approval, and it passed unanimously. 2. ACTION ITEMS. A. VESTING PERIOD AND DEVELOPMENT EXTENSION Development Plan 07-13, Lot 22, South Saint Vrain Addition, Wapiti Crossing, Lexington Lane, LLC/Applicant. Planner Shirk reviewed the request by the applicant to extend the development plan approval and vesting period for two -years through May 2013. A brief history of the property was presented including the original approval of the plan in May 2008 for 42 dwelling units on a 6 acre parcel zoned "RM" Residential Multi -Family and the inclusion of a wildlife plan. No development has begun on the property because of the economic climate and the difficulty in acquiring bank funding for development projects; therefore, the applicant has requested the extension. In July 2010, Ordinance #17-10 was approved causing development plans to expire at the end of the applicable vesting period; however, a one-year extension could be granted by the Community Development Director if no changes have occurred to the Estes Valley Development Code (EVDC) affecting the approval of the plan or conditions of approval. No substantial changes have occurred to the EVDC with exception of a change to the wildlife language removing the DOW review of development plans and the need for a wildlife protection plan for elk habitat. If the extension was denied, the applicant could resubmit the same plan, or a new plan with higher density could be applied for and reviewed by the Planning Commission and a wildlife plan would not be required. Mr. Loftus clarified the intent for requesting a two-year extension would accommodate the development phases required to meet the wildlife plan prepared for the original development approval that limits construction in May and June. Ron Norris/Town citizen read a prepared letter from Fred Mares/Town citizen requested the Board deny the applicant's request to extend the vesting period. Johanna Darden/Town citizen also requested the extension of the vesting period be denied, citing the plan has significant problems. George Hockman/Town citizen stated the applicant has had a reasonable timeframe for which development could have begun and would not support extension of the vesting period. Board of Trustees — April 26, 2011 — Page 5 Charley Dickey/Town citizen stated the extension of the plan and vesting should be approved if the same plan could and would be approved by the Planning Commission. Board comments included staff and the Planning Commission should review the enforcement of the wildlife code; the property was on the market after development plan approval and there was no effort by the community, the Land Trust, or the neighbors to purchase the property and place it in a conservation easement; the current approved plan is more restrictive than the current code requires, therefore, provides more protection; the vesting process should be reviewed; and the applicant has the right to develop the property based on the zoning of the property and has addressed the wildlife concerns of the neighborhood. Trustee Elrod commented the intent of the Board, with the approval of Ordinance #17-10, was to allow the extension of a development plan through issuance of a building permit, extending the development by 18 months, or with the approval of a one-year extension by the Community Development Director if no code changes have occurred since the approval of the plan. He stated he could not support the applicant's request. After further discussion, it was moved and seconded (Blackhurst/Koenig) to approve the extension of the development plan approval and vesting period for Development Plan 07-13 through May 20, 2013 and it passed with Trustee Elrod voting "No". B. ORDINANCE #11-11 - Amendment to the Estes Valley Development Code, Amend Section 5.2 — Accessory Uses and Accessory Structures and Chapter 13 — Definitions to allow solar energy collectors. Mayor Pinkham opened the public hearing. Planner Shirk reviewed the code change allowing solar panels as an accessory use in all zoning districts. The proposed amendments address the allowed square footage of the units and the definition of a solar collector. Attorney White read the ordinance. As there were no public comment the Mayor closed the hearing, it was moved and seconded (Koenig/Blackhurst) to approve Ordinance #11-11, and it passed unanimously. 3. REPORT ITEMS. A. Amendment to the Estes Valley Development Code — Amend sections of the EVDC to allow townhome subdivisions in additional zoning districts and to redefine "townhome." Planner Shirk reviewed the proposed amendments to allow townhome subdivisions in additional zoning districts and redefine townhome in the code. Currently townhome subdivisions are only allowed in "RM" Residential Multi -Family and "A" and "A-1" Accommodation zoning districts and are required to have 3-8 attached units as a condominium ownership form, i.e. general common element owned by all unit owners. The amendments would allow free-standing and two -unit townhome subdivisions, and would allow townhomes in the "R-1" and "R-2" zoning districts. The amendment would clarify ownership, not the form of development; therefore, would not affect allowed density, required landscaping, road or stormwater standards, or wildlife habitat protection standards. Any new townhome development would be required to submit a development plan, comply with minimum lot size, Board of Trustees — April 26, 2011 — Page 6 form a homeowners association, comply with lot coverage standards, and individual lots could not exceed 80% coverage with zero lot lines. The proposed amendments were recommended by the Estes Valley Planning Commission on March 15, 2011. A public hearing would be conducted at the May 24, 2011 Town Board meeting. Trustee Miller suggested staff review the proposed code language to ensure the definition of an outlot is consistent and to remove any duplication within the code. 5. ACTION ITEMS: 1. RESOLUTION #06-11 OPPOSING THE REMOVAL OF ESTES PARK FROM LARIMER COUNTY THROUGH REDISTRICTING. Mayor Pinkham stated there are a couple of redistricting proposals that would remove Estes Park from Larimer County, add it to Boulder County or Grand County. The Larimer County Commissioners have submitted their concerns with the removal of Estes Park. The proposed Resolution would oppose the removal of Estes Park from Larimer County through redistricting. John Nicholas/Town citizen urged the Board to make phone calls to ensure the Town is not removed from Larimer County. It was moved and seconded (Ericson/Blackhurst) to approve Resolution #06-11, and it passed unanimously. 2. FRIENDS OF STANLEY HALL (FOSH) AGREEMENT. Attorney White provided a history of the FOSH agreement, including the Town and FOSH entered into an Agreement dated May 14, 2002, which provided that FOSH transfer to the Town the sum of $475,434.34, funds raised to renovate Stanley Hall as a performing arts theater. The Town agreed to accept those funds from FOSH and maintain those funds in a segregated account. The Town had four years from the date of the Agreement to determine whether or not a performing art theater was feasible with the decision being within the sole discretion of the Town. In 2006, FOSH and the Town amended the Agreement extending the decision dates in the original Agreement for an additional five years. A non-profit corporation, Supporters of Performing Arts, Inc. (SOPA), was formed at that time to specifically raise funds for and operate a performing arts facility at Stanley Park. The Town and SOPA entered into a Memorandum of Understanding (MOU) dated January 28, 2008 outlining the responsibilities and understandings between the parties regarding the location, construction, operation of the proposed theater. As part of that MOU, the Town agreed to use the then current balance of the FOSH funds for construction of the theater. The Town cannot negotiate a further amendment to the FOSH Agreement because FOSH has been dissolved; therefore, the Board has the following options: 1) Make a determination that the Stanley Park Performing Arts Facility as designed by SOPA is feasible; and based upon that determination, the Town shall have an additional three years to participate with SOPA in the design and substantial completion of said facility and use the FOSH funds for said facility; 2) Extend the time periods in the Amended FOSH Agreement to allow for additional time in which to make the determination of feasibility and extend all other deadline in the agreement; or 3) Determine the theater is not feasible. At 10:00 p.m. it was moved and seconded (Levine/Miller) to extend the meeting to no later than 11:00 p.m., and it passed unanimously. Board of Trustees — April 26, 2011 — Page 7 Johanna Darden/Town citizen stated her opposition to the potential relocation of the performing art theater to the Elkhorn Lodge property because of the increased traffic through downtown. Bob Gunn/SOPA President stated the project continues to be feasible, and the more support the Town can provide the easier fundraising would be as SOPA moves forward with raising $7 million by the end of December 2011. He commented extension of the other dates in the agreement would be beneficial. Jim Tawney/Town citizen would support the relocation of the theater to the west end of town in an effort to draw more people through downtown. It was moved and seconded (Blackhurst/Levine) to extend the FOSH Agreement to the end of December 2011 and extend additional timeframes by the same number of months to determine the feasibility of a performing art theater. No vote was taken due to the passage of the substitute motion. Trustee Blackhurst stated the Town needs to move forward with upgrades to Town owned facilities and would not support extending the agreement any later than the end of December 2011. A substitute motion was proposed, it was moved and seconded (Miller/Koenig) to extend the FOSH agreement to determine feasibility of the project to May 9, 2012 and extend all other dates in the agreement by an additional year, and it passed with Mayor ProTem Levine and Trustee Blackhurst voting "No". 3. SHUTTLE CONTRACT AND 2011 SCHEDULE. Director Kilsdonk stated in 2009 the Town signed a contract with McDonald Transit Associates, Inc. to provide shuttle service for one year, with the option of renewing for two additional years. The contract remains the same as last year with the exception of adding Title VI Program compliance language as required by law for Federal Transit Administration recipients. Changes to the 2011 contract include an increase of $1.90 to the hourly rate with the new hourly rate at $65.22/hour, for the first 1650 hours and additional hours remaining at $43.33/hour. A fourth shuttle, silver route, would run an express route between the new Fairgrounds Park-n-Ride and the Visitor Center. Additional costs for the shuttle service include lease fees, vehicle pickup and return, additional hours, additional fuel costs, mileage overages, lettering, maps, supplies, and signage for a total expense of $204,772 as budgeted for 2011. Town staff continue to work with several entities (Park R-3 School district, Rotary, EALA, McDonald Transit) to maximize town resources and shuttle effectiveness, including the use of school parking lots for overflow parking during peak volumes, funding for a pilot "History on Call" interpretive program a select shuttle sites downtown; continuation of the "Ride the Bus" campaign; and the commitment of the service provider to provide high quality service by stationing a relief driver/information supervisor at the Visitor Center during the weekends. The 2011 shuttle schedule dates of operation would remain the same as in 2010: June 25 - August 28, and September 3-5 and begin at 10:00 a.m. daily for all routes. In 2010, the Town combined the service of the red and blue shopper shuttle routes starting at 7:00 p.m. into one route which returned to the Visitor Center at 9:00 p.m. Last year the combined evening service totaled 1367 passengers or 4.5% of the 2010 total ridership. The service would continue in 2011. The brown (camper) route would run hourly and finish at Board of Trustees — April 26, 2011 — Page 8 8:00 pm. The silver (Park-n-Ride) route would run every fifteen minutes ending at 9:00 p.m. In addition to the regular service, staff anticipates running the silver express shuttle on during the Catch the Glow parade day. Board comments are summarized: can ridership numbers be compared to traffic counts; would encourage contacting all accommodation owners to publicize the shuttles; questioned why Exhibit B was not clearly outlined in the contract and requested the contract be amended to add the exhibit; and stated concern that EALA's requested changes have not been addressed and questioned what the impact of the requests would be per request. Town Administrator Halburnt stated the ridership numbers have not been compared to traffic counts. From the beginning of the shuttle system the buses have only run during the weekends in early September and due to low ridership numbers the Town continues to cut back service both days and times. Director Kilsdonk stated EALA's requests for an additional hour in the evening for the shopper shuttle would cost $3,000 and the addition of eleven days of service from August 29 — September 11 would cost $23,500 with blue and red route and $24,000 with the addition of the brown route. All costs are based on the contracted rate as outlined in the proposed contract. Lynette Lott read a prepared letter from the EALA group that outlined the requests for the 2011 season. Elizabeth Fogarty/EALA member commented the guest feedback states they would support a late night shuttle and the current shuttle schedule does not run late enough to stay downtown for dinner. She also stated many mountain communities have late night shuttles to encourage visitors to stay downtown and spend money at local establishments. Those speaking in favor of the shuttle system extended hours included Sandy Osterman/Town citizen and Ambassador, Charley Dickey/Town citizen, Lindsay Lamson/Accommodation owner, Kimberly Campbell/Accommodation owner. Comments include the visitors would like to see the shuttles run earlier and end later; additional communication with business related to the system should be conducted; could be run more efficiently; questioned if the Town is receiving the best rate; evening riders are those that are staying in Estes and spending money in the community; additional ridership would not occur with the current schedule; the Town needs to continue to experiment and tweak the program; and there is an increase in the number of visitors in September. Trustee Miller stated he would support EALA's proposal, stating an additional $27,000 would be a small percentage of the overall budget to make the shuttle system and the transportation hub more effective. Trustee Blackhurst asserted the Town continues to review and modify the shuttle system and has increased the funding from $165,000 to over $204,000 in five years. He recommended the EALA members raise the additional funds for the additional service. Trustee Ericson stated the schedule should be flexible and a budget amendment should be considered during the season if increased ridership demands change to the schedule. It was moved and seconded (Ericson/Blackhurst) to approve the 2011 shuttle contract with McDonald Transit with the inclusion of Exhibit B added to the contract, and it passed with Trustee Miller voting "No". It was moved and seconded (Levine/Miller) to approve an additional evening hour to the red/blue route at a cost of $3,000 from fund balance, Board of Trustees — April 26, 2011 — Page 9 and reevaluate the extension of the shuttle system through September 11th later in the year, and it passed with Trustee Blackhurst voting "No". 4. ORDINANCE #12-11 WHOLESALE POWER COST ADJUSTMENT. Item deferred to the May 10, 2011 meeting. 5. ORDINANCE #13-11 AMENDING SECTION 9.08.080 HARASSMENT. Item deferred to the May 10, 2011 meeting. 6. ORDINANCE #14-11 AMENDMENT TO LEASE AGREEMENT FOR THE GRANDSTAND CONCESSIONS. Trustee Koenig recused herself from the discussion because she is member of the Lions Club. Manager Winslow stated the Lions Club has operated the concession stand for over fifty years. In January 2011, Mayor Pinkham received a letter from the Club expressing concern the rental fee was detracting from the Club's ability to assist the local community and the utilities would be added to the rent for 2011, further decreasing the funds available. Staff met with representatives of the Club to address their concerns and to negotiate the terms of the lease in and effort to ensure the Town recovers costs associated with the concession stand, but not to penalize a local fundraising entity. The concession stand lease agreement would be altered to reflect a reduction from 12% gross to 10% gross sales; removal of the construction of the grandstand project from the lease; addition of Illegal Alien language required for public contracts; and the term modified to April 26, 2011 and ending December 31, 2011 with the option to renew for the 2012 season. The reduction in revenue to the Town would be approximately $2,500. Mike Oline/Lions Club President thanked the Town for the use of the stand and for continuing discussions on the rent and other issues related to the use of the facility. Attorney White read the ordinance. It was moved and seconded (Miller/Elrod) to approve Ordinance #14-11, and it passed with Trustee Koenig abstaining. 7. TOWN BOARD MEETING PROCEDURES — REVISE MEETING TIMEFRAME. Item deferred to the May 10, 2011 meeting. Whereupon Mayor Pinkham adjourned the meting 11f25 p.m. William C. Pinkham, Mayor kie Williamson, Town Clerk