HomeMy WebLinkAboutMINUTES Town Board 2011-02-22Town of Estes Park, Larimer County, Colorado, February 22, 201 1
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 22nd day of February, 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
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Town Attorney White
Cynthia Deats, Deputy 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.
Mayor Pinkham asked those in attendance to join him in a moment of silence in
memory of Bob Dekker who passed away on February 18th. A former Town of Estes
Park Light & Power Director, Mr. Dekker was instrumental in the formation of Platte
River Power Authority (PRPA). After his retirement, Mr. Dekker was elected to the
Town Board of Trustees in 1992, named Mayor Pro Tem in 1994, and elected Mayor in
1996.
PUBLIC COMMENT.
Johanna Darden, Town resident, read a statement into the record expressing
disappointment with the Town Board's decision to support an application for Regional
Tourism funding for a proposed development at Elkhorn Lodge.
Corrine Dyer, Town resident, and the owner/operators of Atlas Disposal and Recycling,
asked for Board support for cardboard recycling for downtown businesses.
Charley Dickey, Town resident, voiced support for the proposed Elkhorn Lodge
development and of recycling by private industry.
Johanna Darden, Town resident, expressed support for recycling.
TOWN BOARD COMMENTS.
Mayor Pro Tem Levine informed the public that nomination forms for the Estes Park
Pride Awards are being accepted until March 31st, and encouraged the nomination of
deserving community members.
1. CONSENT AGENDA:
1. Town Board Minutes dated February 8, 2011, and Town Board Study
Session Minutes dated February 8, 2011.
2. Bills.
3. Committee Minutes:
Board ofTrustees — February 22,2O11—Page 2
A. Public Safety, Utilities, Public Works Committee, February 1O.2O11.
1. Resolution #O3-11GOCUPlanning Grant Application for the Estes
Park Wildlife Walk.
4. Estes Valley Planning Commission Minutes
(acknowledgement only).
Itwas moved and seconded (Levne8WU|mjthe Comsen
it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
dated January 18. 2011
Agenda beapproved, and
1. TOWN BOARD LIAISON UPDATES.
Trustee Ehoonn said the Transportation Visioning Committee (TVC) will be
holding a work group session on VVedneuday. February 23~. at 3 p.m. in
Room 130, on traffic information and intelligent transportation system (ITS)
communications.
Trustee Koenig reported that the Rooftop Rodeo Committee welcomed
omvuxa| new full-time members and noted that Sister C1hno members are
preparing for atrip toCosta Rica topave the way for future groups including a
student trip scheduled for June.
Trustee Miller reported the Historic Preservation Ordinance Committee's
second public outreach forum will be held on Thursday. Fubnuary24" otO:30
p.m. in the Town Board room. He thanked the Committee for their hard work
and dedication.
Mayor Pinkham reported that parties involved with the proposed Elkhorn
Development expect tohave non-profit status bythe end nfthe week and said
private funding in in place to move ahead with the RTAapp|inaUon. Town
Administrator Halburnt said a consultant from the SE Group, a resort planning
oompeny, saw potential in the project and will study its potential tugenerate
sales tax.
2. FOURTH QUARTER /YEAR TO DATE SALES TAX.
Finance Officer McFarland reviewed sales tax trends and the 2O10sales tax
report and noted that sales tax exceeded budget by 1.096, and was 2.3%
higher than 2000. He said after six consecutive ''down" quodane. Estes Park
has had two consecutive ^up" quarters which may be an indication of
improving conditions and an upward trend. He said the main components
used when forecasting sales tax trends are visitation counts, traffic counts on
Highways 34 and 38, and hotel occupancy. He noted that in comparing
aadurm, food is increasing and accounts for the largest category, with lodging
trending up, and retail decreasing.
3. GREENPLAY PROFORMA FOR MULTI PURPOSE EVENT CENTER
pNPEC1.
Gnsenp|ay LLCwmo contracted by the Town to perform u market study and
provide a pnofonna for the proposed Multi -Purpose Event Cantor (PNPEC),
focusing on the add idona|/inonmmmnta| revenues and expenses that would be
generated by the addition ofthe facility. Chris Dnopinoki and Pat O'Toole,
representing Graenp|uy LLC, reviewed the components that were considered
for the study which included the demographics of the community; a market
analysis to look for comparisons and trends; creation of an activity profile of
events that could be held at the center and utilizing these activities to estimate
axponaen, revenuen, and attendance numbers; partnering opportunities;
income projections; and economic impact tothe area.
Board mfTrustees — February 22, 2o11—Page 3
Budget projections were based on scheduling the equivalent of 18 full trade
shows at the facility with anaverage attendance of1.500nnaFriday through
Monday schedule from September through May, and assumed that the facility
will function as support for equine events and fairground activities during the
summer months. Taking inhoconsideration staffing and operating expenses,
the report estimates total expenses at $281.035. and direct revenue of
$77.625. for an operating net loss of $183.410They noted that their
research indicated that, in gonona|, taoi|ihoo of this type are subsidized to
some degree. They noted dtakes anaverage nfthree Vufive years toget fully
operational inthe market place and that there iacompetition for events.
Trustee Elrod voiced concern that the report did not provide the information
the Board requested; that there was no definitive ofspecific information
related to who would use the faci|ity, or if there was even a need to
construction the 38,000 square foot facility.
Discussion insummarized: assumptions are onthe conservative side; need 0o
know the economic impact onthe Estes Valley; and concern about availability
of the center for use by community members. The Board requested staff
oohadu|a o study session for additional in-depth discussion about the market
study and pro -forma for the MPEC and whether a facility this size is needed.
4. TOWN ADMINISTRATOR REPORT.
° Pre -bid meetings for Bond Park Phases | and U|, and the Transportation
Hub were held this week and were well attended. Recommendations for
both projects will boforthcoming etthe March 8'''Town Board meeting.
° A neighborhood meeting to provide information and answer questions
related to the Transportation Hub will be held for area residents on
Wednesday, February 23m
° A new phone number for the reporting ofpower and water outages has
been added. The new number io070-5O0-5335.
3. LIQUOR ITEMS.
1RENEWAL APPLICATION FILED BY HESS ENTERPRISES, INC.. dba
HUNTERS CHOP HOUSE, 1M90BIG THOMPSONAVENUE.
On January22. 2011. the Liquor Enforcement Division with the support ofthe
Estes Park Police Department conducted analcohol compliance check, during
which an employee ofHunters Chop House served alcohol to on underage
person. The state Liquor Division will beadministering the penalties related to
the violation. When a Liquor Code violation such as this occurs, the Town
Board requests that the |ioan000 appear before the Town Board prior to the
license being renewed. The license expired onJanuary 4. 2011, but remains
inforce for 0Odays after the expiration date. |naddition, the licensee has not
completed TIPS training that is required by the Town. Mayor Pro Tom Levine
reoueed himself from the discussion. Trustee 8|aukhurst said that the Town
Board relies on the licensee to be the first line of defense in upholding the
states liquor laws and said he is opposed to renewing the license until the
required TIPS training has been completed. The licensee, Don H000, stated
he is scheduled for a TIPS training o|aaa on W1ovch 11. 2011, offered by
Anheuser Busch in Fort' Collins. It was moved and mmnnmded
(B|aokhurat[Ehceun)iopostpone the renewal nfthe liquor license for Hess
Enterprises, Inc., until proof ofsuccessful completion of TIPS training is
received, and it passed unanimously, with Mayor Pro Tern Levine abstaining
from the vote. The liquor |iooneo renewal will be reviewed again at the March
22.2U11.Town Board meeting.
4. PLANNING COMMISSION ITEMS. Items reviewed byPlanning Commission or
Board of Trustees — February 22, 2011 — Page 4
Mayor Pinkham opened the Public Hearing for all Consent Agenda Items.
1. CONSENT ITEMS:
A. AMENDED SUBDIVISION PLAT
1. Lots 26 & 26, University Heights Subdivision, 821 University Drive,
Kathy B. Brown, Applicant.
B. AMENDED CONDOMINIUM MAP
1. Units A4 and A5/6, The Lodges at Black Canyon Inn
Condominiums, 800 MacGregor Avenue, Dwight Petty, 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 subject to the findings
and conditions recommended by the Estes Valley Planning Commission, and it
passed unanimously.
2. ACTION ITEMS:
A. REZONING ORDINANCE #06-11, Lot 1 Visitor Center Subdivision,
and Lot 1 B, of the replat of a portion of Lot 4 and all of Lot 1, Stanley
Meadow Addition to the Town of Estes Park from CO -Commercial
Outlying to CD -Commercial Downtown, Convention & Visitors Bureau,
500 & 610 Big Thompson Avenue, Town of Estes Park, Applicant.
Planner Shirk stated that a Visitor Center zoning ordinance that was
approved six years ago contained an incorrect legal description for the
property. The proposed rezoning corrects this clerical error in the
legal description; the zoning will remain CD -Commercial Downtown.
Attorney White read Ordinance #06-11 into the record. It was moved
and seconded (Miller/Ericson) to approve Ordinance #06-11, and it
passed unanimously.
B. DEVELOPMENT PLAN AND VESTING PERIOD EXTENSION
1. Development Plan 07-09, Lots 2 & 3, Stone Bridge Estates
Subdivision, Stone Bridge Estates Condominiums, Fish Creek
Road, Van Horn Engineering, Applicant.
The approval of Development Plan 07-09 on August 21, 2007,
allowed for a three-year vesting period, to expire in August 2010.
In July 2010, the Town Board passed Ordinance #17-10 which
provided for the expiration of development plans at the end of a
three-year period if construction activities cease. Due to economic
conditions, construction activity has not continued on the Stone
Bridge Estates project, with only two of the approved 24 units being
built. Therefore, both the vesting period and the development plan
have expired. Van Hom Engineering, on behalf of Rock Castle
Development, is requesting a three-year extension of development
plan approval and vesting period through August 2013.
Planner Shirk said that erosion control and revegetation has not
been completed within required time frames and that the developer
has been directed by the state to actively manage the storm water
management plan (SWMP) for the property. Due to these
concerns, staff requested a revegetation management plan
prepared by Van Horn Engineering, which states that revegetation
and containment of disturbed soils will begin by March 7, 2011, or
as soon as the weather permits. Staff anticipates voluntary
compliance of the implementation of this plan.
Board of Trustees — February 22, 2011 — Page 5
Planner Shirk said approval of the three-year extension would
result in the developer retaining development rights for the
property, whereas, rejecting the extension would require the
developer to submit a new development plan application for the
site. He noted that comments related to the extension have been
received from neighborhood residents who have concerns related
to the lack of progress on the project, erosion and the lack of
revegetation, and traffic on Fish Creek Road.
Trustee Elrod questioned the timeframe in which a request for an
extension is allowed, noting the expiration date of August 2010.
Staff stated that a notice about the expiration was mailed to the
developer, but that due to a change of address, the applicant did
not receive the notification, therefore, the extension request was
delayed. Trustee Elrod inquired as to why the developer's letter of
credit was not utilized to complete the erosion control and
revegetation. Director Chilcott stated that other enforcement and
compliance tools are in place and would be utilized prior to pulling
a letter of credit. She said that staff strives for voluntary
compliance, and reiterated that is the outcome expected in this
case. Trustee Ericson said the deteriorating situation on the
property must be resolved.
Lonnie Sheldon, Van Horn Engineering, Frank Theis, CMS
Planning, and Robert Koehler, developer, addressed the Board,
speaking to confusion as to when the vesting period begins, the
lack of notification related to the expiration of the vesting period
and the development plan, and the developer's history of
contributions and cooperation with the Town.
Trustees Blackhurst and Miller commented that Mr. Koehler has
developed quality projects in the Town of Estes Park and that they
had no concerns over granting the extension of the development
plan and vesting period. It was moved and seconded
(Blackhurst/Koenig) to approve the development plan and
vesting period extension for Stone Bridge Estates Subdivision
through August 2013, and it passed, with Trustee Ericson voting
"No". The Trustees requested that staff clarify whether the vesting
period begins with Planning Commission approval or with Town
Board approval, and refine a notification process prior to
expiration.
3. REPORTS.
Problem Statement for Planned Unit Developments (PUDs).
Over the past year, staff and the Estes Valley Planning Commission
(EVPC) have been working on items outlined in the PUD problem
statement that was approved by the Town Board in March 2010, including
reviewing current PUD regulations, researching the PUD ordinances of
other municipalities, and considering the benefits and unintended
consequences of making changes to the existing PUD regulations.
Making changes to the regulation would provide an opportunity to
evaluate what built -environment is desired but that may not be achieved
with current zoning regulations, and would allow for an opportunity to craft
PUD regulations that are more likely to incentivize desired development
or redevelopment. The current PUD regulations have been rarely used
with only two PUDs being approved since 2000, The WorldMark and Fall
River Village, possibly due to current PUD limitations.
Board of Trustees — February 22, 2011 — Page 6
Director Chilcott reviewed staff recommendations for code amendments
including allowing PUDs in all non-residential zoning districts except for
A-1; no minimum lot size; increasing density; vary setbacks on all lots;
allow variations to parking standards upon review and approval of a
parking study; public benefits to a PUD; and provide concept plan review
as an option to developers.
Trustee comments are summarized: PUD mixed use could potentially be
utilized in any area of downtown providing more flexibility in a variety of
circumstances; do not exclude residential districts, as potential usage of a
PUD is multi -family residential; concerns about limited supply of
commercially zoned property, do not allow commercial property for strictly
residential use; a well written PUD ordinance will be vital to
redevelopment; consider different regulations for residential and
commercial properties, with mixed use restricted to commercial zone as
part of commercial project; give density incentive to go through PUD
process; implement a point system to gain bonuses; require neighborhood
meetings; ensure historic preservation is taken into account and is
voluntary, not required; support for a point system to encourage critical
public infrastructure, historic preservation, and building green; and
provide a way for developers to think outside the box.
Mayor Pinkham thanked staff and the Planning Commission and
encouraged communication between the Town Board and the EVPC
throughout the amendment process.
Mayor Pinkham called for a break at 9:58 p.m. and reconvened the meeting at 10:10
p.m.
5. ACTION ITEMS:
1. REAPPOINTMENT OF ERIC BLACKHURST TO THE ESTES PARK
HOUSING AUTHORITY FOR A 5-YEAR TERM BEGINNING APRIL 25, 2011,
AND EXPRING ON APRIL 25, 2016.
The Estes Park Housing Authority (EPHA) requests the reappointment of
Trustee Eric Blackhurst to the EPHA Board of Commissioners for a five-year
term. Trustee Blackhurst was originally appointed to the Board in 2000, prior
to being elected Trustee. He is a key member of the Board, and currently
serves as the Chair. Although it is not required that a Town Trustee serve on
the EPHA Board, it has been a practice which provides for liaison for a working
relationship between the two Boards. It was moved and seconded
(Miller/Levine) to approve the reappointment of Trustee Eric Blackhurst to
the Estes Park Housing Authority Board for a five-year term ending April
25, 2016, and it passed unanimously with Trustee Blackhurst abstaining from
the vote.
2. REVISED CREATIVE SIGN DESIGN REVIEW BOARD BYLAWS.
On December 14, 2010, the Town Board approved bylaws for the new Creative
Sign Design Review Board (CSDRB). Recently, Town staff conducted
interviews of applicants to serve on the five -member board. Subsequent to this
interview process staff is recommending revising the bylaws to allow for the
appointment of an alternate member to the Board. This member would attend
meetings when a regular member is absent. Trustee Elrod questioned the
need for an alternate member at this time when the CSDRB has not yet met,
and said a provision for an alternate member should have been included in the
Sign Code ordinance, not added as a revision to the bylaws. Attorney White
stated that the Code allows for additional procedures to be established by a
vote of the Town Board and it is his opinion that changing the bylaws can be
considered a procedure. Director Chilcott stated that having an alternate
Board of Trustees — February 22, 2011 — Page 7
member works well for the Estes Valley Board of Adjustment, but that an
altemate could be added later after observing how the CSDRB functions. She
noted that revisions to the Sign Code related to LED lighting are forthcoming
and that a revision related to the CSDRB alternate member could be made at
that time. Trustee Koenig supported the bylaw revisions stating that adding an
altemate member is a proactive move.
It was moved and seconded (Koenig/Miller) to approve the revision to the
Creative Sign Design Review Board bylaws with the condition that an
amendment to the Sign Code related to adding an alternate member to
the composition of the CSDRB will be made at a later date, and it passed
with Trustee Elrod voting "No".
3. CREATIVE SIGN DESIGN REVIEW BOARD APPOINTMENTS.
The Creative Sign Design Review Board will review applications for the
Creative Sign Program, sign variances, and appeals of staff decisions on the
Estes Park Sign Code. The Mayor, with Town Board confirmation, will appoint
the five -member volunteer Board. The Board will consist of Estes Park
residents, two of whom are local business owners, one architect or other
design professional, and two residents who may or may not have local
business interests. Earlier this evening staff requested the addition of an
alternate member to serve if a regular member is unable to attend a meeting.
The CSDRB positions were advertised and posted and eight applications were
received. Following interviews, staff is recommending the following
appointments and terms:
Name
Diane Muno, business owner
Jeffrey Moreau, business owner
Joe Calvin, architect
Charley Dickey, resident
Arthur Blume, resident
Amy Plummer, resident
Term
One Year 3/1/11 — 3/1/12
Three Year 3/1/11 — 3/1 /14
Two Year 3/1/11 — 3/1 /13
One Year 3/1/11 — 3/1/12
Three Year 3/1/11 — 3/1/14
Alternate — Three Year 3/1/11 —
3/1 /14
It was moved and seconded (Levine/Miller) to appoint Diane Muno, Jeffrey
Moreau, Joe Calvin, Charley Dickey, Arthur Blume, and Amy Plummer to
the Creative Sign Design Review Board for terms as outlined above, and it
passed unanimously.
4. COMMON INTEREST, JOINT DEFENSE AND CONFIDENTIALITY
AGREEMENT — WINDY GAP FIRMING PROJECT.
The Town of Estes Park is a participant in the Windy Gap Project which diverts
water from the Upper Colorado River through the Colorado Big Thompson
(CBT) Project facilities to its participants located in northeastern Colorado. All
Windy Gap participants, except the City of Boulder and the Town of Estes
Park, are also participants in the Windy Gap Firming Project. Since 2000, the
Windy Gap Firming Project participants have been engaged in the design,
financing and construction of a reservoir to store Windy Gap water at a site just
west of Carter Lake in Larimer County, and all necessary approvals are
expected in the near future.
Since the project will enhance the ability of the Firming Project participants to
divert water from the Upper Colorado River and transfer water through the CBT
facilities to the eastern slope, western slope interests have been viewing and
questioning this project. Firming Project participants anticipate that western
slope interests may file a lawsuit designed to prevent construction of Chimney
Hollow Reservoir and/or request the inspection of documents pursuant to the
Colorado Open Records Act. Therefore, as a group, the participants have
Board of Trustees — February 22, 2011 — Page 8
decided to enter into the Common Interest, Joint Defense and Confidentiality
Agreement whereby the parties to the Agreement agree to cooperate in the
defense of any lawsuits and share confidential information and communication.
The Intergovernmental Agreement (IGA) does not contemplate cost -sharing
and requires no monetary commitment from the Town. Although the Town is
not a Windy Gap Firming Project participant, it does receive information and
participates in discussions, negotiations and agreements which involve Windy
Gap Firming Project and the Windy Gap Project. Staff recommends approval
of the entering into the Agreement and authorizing Town Attorney White to
execute said agreement. It was moved and seconded (Blackhurst/Elrod) to
approve the Common Interest, Joint Defense, and Confidentiality
Agreement to be executed by Town Attorney White, and it passed
unanimously.
Whereupon Mayor Pinkham adjourned the meeting a
7
Cynthia Deats, Deputy Town Clerk
10:35 p.m.
William C. Pinkham, Mayor