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HomeMy WebLinkAboutMINUTES Town Board 2011-04-12Town of Estes Park, Larimer County, Colorado, April 12, 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 12th 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: DUCK RACE, MAY 7, 2011. Mayor Pinkham read a proclamation designating May 7, 2011 as the 23rd Annual Duck Race Day in Estes Park and acknowledged representatives of the Noon Rotary Club. PROCLAMATION: NATIONAL CRIME VICTIMS RIGHTS WEEK, APRIL 10-16, 2011. Mayor Pinkham read a proclamation designating the week of April 10, 2011 as National Crime Victim's Rights week. He also acknowledged the efforts of the Victims Advocates and Mary Mesropian/Director for their efforts in aiding victims of crime in Estes Park. Gary SampsonNictim Witness Program Manager for the 8th Judicial District was also present and recognized the Town for its efforts and support of the advocate program. PUBLIC COMMENT. Charley Dickey/Town Citizen requested the Town consider a new "Historic Downtown Shuttle" or green route from the new transportation hub at the Fairgrounds at Stanley Park rather than simply transporting visitors to the Visitor Center. This new route would eliminate the need for visitors to change buses at the Visitor Center and reduce the time to reach downtown for shopping, entertainment or visiting a local restaurant. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Blackhurst reminded the public that the Estes Park Housing Authority meeting would be held on Wednesday, April 13th at 8:30 a.m. in Room 203 and the Public Safety, Utilities, and Public Works Committee would be held on Thursday, April 14th at 8:00 a.m. in the Board Room. Trustee Elrod reviewed the April 19th Estes Valley Planning Commission agenda with topics to include PUDs, school enrollment, town -owned properties, Religious Land Use and Institutionalized Persons Act, and accessory dwelling units. Trustee Koenig invited the public to the next Sister Cities meeting on April 13th at 8:00 a.m. at the Senior Center. The Rooftop Rodeo Committee would meet on April 14th at 7:00 p.m. at the Museum. Board of Trustees — April 12, 2011 — Page 2 Trustee Miller stated the LMD has an RFP submitted for a branding consultant. The Transportation Visioning Committee (TVC) would begin discussing the public input process and asked if the Town Board would like a presentation prior to receiving public input and the Board agreed. The Colorado Tourism Office has received $14.5 million for 2011 to promote the state, which is an increase from $5 million the previous year. TOWN ADMINISTRATOR REPORT. • Steve Misch and family have donated a bench to the Town that would be placed at Performance Park. • Reuben Bergsten has been appointed Interim Utilities Director for a 6 month period. Laurie Button has been hired as the new Executive Assistant in Administration. • Town Administrator Halburnt publicly thanked Town staff for their efforts and for supporting Administration. 1. CONSENT AGENDA: 1. Town Board Minutes dated March 16, 2011 and March 22, 2011, and Town Board Study Session Minutes dated March 22, 2011. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services Committee, March 25, 2011. 4. Estes Valley Board of Adjustment dated March 1, 2011 (acknowledgement only). 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 UPDATE. Frank Theis stated previous comments received from the Board, staff and the public have been used to improve the project and the application. Curt Gleaves reviewed the documents included in the packet: Articles of Incorporation for Elkhorn Project, Inc.; a draft description of participants in the project (Frank Theis, Todd Jirsa, Curt Cleaves, Kimberly Campbell, Gregg Coffman); draft description of backgrounds for officers and directors; draft description of expected contributions to the project from each of the participants; and copy of planning and design firm brochure from SE Group Inc. Elkhorn Project Inc. would be a non-profit corporate business that will own the ski area and lease the facilities. i.e. lodge, ski adventure park and enter into agreements for the heritage and performing arts. The project would provide job growth and increase sales tax revenues for the town. SE Group was hired to prepare the plans and the design for the project and has recommended the hiring of DK Advisors to perform the economic analysis for the project. Elkhorn Project Inc. would manage the project and a to be formed Estes Park Tourism Authority would manage the financial holdings and distribution of funds. It was stated there could be up to $4 million in funds available to build the performing art theater. The project would renovate the lodge and a number of other buildings on the property; fewer trees would be removed and all tree removed would be replanted with two trees; no downtown bypass would be developed and no new roadways; and the ski area may be year -around with an artificial surface. The group contends the project will generate sufficient sales tax Board of Trustees — April 12, 2011 — Page 3 dollars to meet the RTA requirements, generate jobs and increase the local sales tax base. Trustee Elrod posed a number of questions including who would be on the Estes Park Tourism Authority and would recommendation from the Mayor be needed prior to the application filing date; when would the nonrefundable down payment be due; would the finance authority be burdened with development or management of the property; would the Town own or purchase property within the project area; has EPI entered into a letter of intent with SOPA for the development and operation of the performing art theater; does the Town have adequate water rights to produce the snow needed for operations; how much staff time would be involved in providing the new Authority with legal and accounting support; would the funding for site preparations for SOPA be transferred to EPI through a mutual agreement; would the Town grant an easement to use a portion of land directly east of the current Elkhorn Lodge and questioned if it would be a gratuitous use of the land; would the Town lease water rights to the ski operator and would be a nonbinding obligation; questioned if the Town needed to provide financial contributions to the project through one of the options outlined in Tab 2d; could EPI purchase the property if the funding through the RTA is realized; would the property be in substantial completion within five years; questioned how the value of the land was determined; has EPI discussed donating the land to the Town for developing the theater and parking facilities; and the annexation of a portion of the property was not mentioned in the application and questioned if the county should be an applicant in addition to the Town. Mr. Gleaves responded by stating the application would need to include the names of the individuals serving on the Authority prior to submittal; the down payment has been renegotiated due to the time extension for applications to be submitted; EPI would own the property, however, the Town would have the option to purchase the property on which the performing arts center could be developed; the SOPA letter of intent has not been finalized but the group continues discussions with SOPA; the property owner could finance the property over a number of years or the property purchase could be financed through bonding by the new Authority; the construction would be completed in phases and be substantially complete in 2014; the land would be used to borrow funds or sell a portion of the property to fund development of the resort; and EPI would be providing a presentation to the county commissioner as information only and does not anticipate adding the county as an applicant. Town Administrator Halburnt stated the Town would request a clear outline of the expectations as it relates to Town staff providing services to the Authority. Legal and Administration would evaluate any of the options the Town Board would be interested in considering. Trustee Ericson questioned when the Board would be provided the economic analysis for review to ensure there would be a positive impact on sales tax. Trustee Blackhurst questioned the make-up of the Authority Board; the transferring of all funds to EPI; the Town providing legal and accounting services at no charge to an entity similar to EPURA that had a $200,000 annual budget; the draft financials do not measure up to the numbers suggested during the initial discussions; questioned where the funding would come from for the three alternatives presented that range from $2.5 to $7.5 million in Town funding; and where would the funding come from to begin building the project. Mayor Pro Tem Levine and Trustee Miller stated the funding alternatives submitted would not be achievable. Board of Trustees — April 12, 2011 — Page 4 Mr. Gleaves stated that half the funds to begin building the project would come from private sources and the remainder borrowed through potential revenue bonds. Johanna Darden/Town citizen commented the project does not seem reasonable and a space has already been dedicated to SOPA. She stated Town water rights should not be used carelessly, and stated concern with the number of commitments from the Town to fund a private development. EPI would continue to move forward with the development of the application and bring forward financial data as soon as it is available, as well as continue discussions with staff. 2. SUPPORTER OF THE PERFORMING ARTS — FOSH AGREEMENT. Bob Gunn/SOPA President stated the development of a theater involves the partnership with the Town as the largest stakeholder. SOPA has had preliminary discussions with EPI and any arrangements would be subject to negotiations with Town involvement. The fundraising campaign continues to focus on raising funds to build the theater at the fairgrounds. Dick Zellner/SOPA Interim Executive Director provided a progress report on the current status of SOPA's fundraising efforts, draft business plan, and finances. The intent would be to have full funding by the end of 2011 with a grand opening in 2014. He confirmed the theater would be available to local groups for performances that would be funded through fundraising efforts to help subsidize their use. The facility would host at least twelve nationally recognized shows per year. The total annual expenses would range from $260,000 to $380,000 depending on the number of full time staff and the level of volunteers. The economic impact for Estes Park based on national averages would be approximately $2.162 million, and the economic impact could reach as high as $8 million per year once the theater is fully operational. The donors want to be investors in a well managed project that has a plan for the future. The new business plan addresses what the building would be now and in the future to provide a clear picture for investors. There are currently 700 individuals/groups from over 22 states that have donated to the project, and SOPA's goal is to attract an additional 500 donors through a national fundraising campaign. SOPA would request the FOSH agreement be extended through the end of 2011 to allow this effort to move forward. The Board thanked Mr. Zellner for his presentation and had the following comments: the effort should be expanded from national to international; excited about the new approach; questioned the legality of extending the FOSH agreement that expires in May 2011, and if not, the Town must abide by the agreement; a decision must be made on the feasibility of the theater in order to make decisions on the replacement of aging horse barns in the proposed theater location; Trustee Elrod stated it would be reasonable to turn over the FOSH funds to SOPA if the Town does not find the theater feasible; and Trustees Blackhurst and Koenig disagreed that the FOSH funds might be requested by other art groups in town. 3. CAPITAL PROJECTS UPDATE. Deputy Town Administrator Richardson provided an overview of the two capital projects, Bond Park and the transportation hub parking lot at the fairgrounds, with completion dates of May 26th and May 27th respectively. Bond Park remains on time and on budget. Infrastructure work includes storm drainage, water line extension and electrical. A 12" water line extension was added to improve flow and complete the loop connection with the Virginia Lane project in the spring of 2012. Next week would include the crossing of Elkhorn Avenue to connect the storm drainage to the river. The transportation hub project also Board of Trustees —April 12, 2011 — Page 5 remains on time and on budget with infrastructure work completed including storm sewer, detention pond, electrical, water line, curb/gutter, pouring of the concrete for the shelter, and sleeve stub outs for future landscaping irrigation. The work has improved the drainage along the west side of the property. The area also contained a large amount of topsoil that staff would reuse for landscaping in the area, flower beds throughout town, and to replace the muck along MacGregor Avenue and Park Lane for the Bond Park improvements. ACTION ITEMS: 1. ORDINANCE #10-11 MORATORIUM FOR DIRECT ILLUMINATED SIGNS. The Town Board adopted a new sign code in November 2010 that provided for variable message displays, and allows a change in the display once every 24 hours in the downtown commercial area, and once every 20 minutes in the outlying commercial areas. After further review of the code at the March Community Development / Community Services meeting, it was determined the issue was more complex and that excessively large LED signs would be permitted with the current code. Staff recommended a moratorium on all illuminated signs larger than 10 square feet through September 30, 2011 to address potential code changes related to size, frequency of the changing message and the type of message transformation. Staff would bring the item back to the CD/CS committee for further discussion. Attorney White read the ordinance. After further discussion, it was moved and seconded (Blackhurst/Koenig) to approve Ordinance #10-11, and it passed unanimously. At 10:00 p.m. it was moved and seconded (Miller/Blackhurst) to extend the meeting to no later than 11:00 p.m., and it passed unanimously. 2. ORDINANCE #08-11 - PUBLIC HEARING - 2009 INTERNATIONAL BUILDING CODE ADOPTION AND LOCAL AMENDMENTS. Staff began working on the code adoption in 2009 and facilitated meetings with stakeholders. The Fire Protection District has held public meeting for the adoption of the Fire Code and amendments have been proposed by the district that would be consistent with the Town's amendments to the 2009 I -Codes. Fees have been removed from the code adoption and would be discussed separately at the committee level, as well as the recruitment/appointment of the Board of Appeal members. Staff has placed the Community Rating System through FEMA on hold until the ISO review has been completed. Stakeholders have requested training on the new codes that would take place prior to the summer or later in the fall. Staff has held meetings with the lodging establishments, realtors, and Partners for Commerce to discuss the sprinkler provisions, and an additional public hearing would be held. Staff requested adoption of the codes with an effective date of July 1, 2011. Attorney White read the ordinance. After further discussion, it was moved and seconded (Blackhurst/Elrod) to approve Ordinance #08-11 with an amendment to Exhibit A 105.1.2 Annual contractor permit first sentence to read...annual contractor permit to any approved building contractor, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meting 10:18 p.m. William C. Pinkham, Mayor o- -0 0 v� nr�9-'ter ie Williamson, Town Clerk