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HomeMy WebLinkAboutMINUTES Town Board 2011-12-13Town of Estes Park, Larimer County, Colorado, December 13, 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 13th day of December, 2011. Meeting called to order by Mayor Pro Tem Levine. Present: Also Present: Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Jacquie Halburnt, Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: William C. Pinkham, Mayor Lowell Richardson, Deputy Town Administrator Mayor Pro Tem Levine called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT. A group of Estes Park High School students read a prepared letter of support for the Elkhorn project, stating it would benefit them by establishing year round outdoor recreational activities, provide jobs and bring families to Estes Park. They requested the opportunity to help the Town pursue the Elkhorn project. Johanna Darden/Town citizen read comments from Bill Darden requesting the Town disclose Town funds dedicated to the Elkhorn project, SOPA funds, loans and any other negotiations related to funding; and revise the MOU to included the title to the land on which the Performing Arts Center and parking would be develop in exchange for $1.2 million in improvements. She stated the Third Party Analyst has pointed out the project would not bring additional visitors or families to Estes Park. There are currently a number of recreational opportunities for the children in town and the addition of skiing would not be beneficial. Ron Wilcocks/County citizen questioned the need for an Assistant Town Administrator for a community the size of Estes Park. Charley Dickey/Town citizen invited the Board to the business after hours meeting this Thursday. He questioned if the Town received a letter from WAPA with regard to the new transmission lines on Pole Hill and coming down Highway 36. He stated support for funding additional cost to address concerns with the Third Party analysis of the RTA application for the Elkhorn project. Ron Norris/Town citizen, Rex Poggenpohl/County citizen and Sharry White/Town citizen spoke to the proposed transmission lines requesting the Town Board weigh in on the issue and pass a resolution expressing concern over the proposed route due to the virtually intrusive route and negative impact on the entire Estes Valley. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Miller stated the LMD met and approved a 2012 budget and reviewed the IGA between the LMD and the Town. Board of Trustees — December 13, 2011 — Page 2 Trustee Koenig commented Kellsie Purdy represented the State of Colorado and the Town of Estes Park at Miss Rodeo America recently in Las Vegas, and although she did not win, she represented the state and town to the best of her ability. Trustee Ericson informed the Board the TVC would continue to meet to discuss the report that would be completed during the first quarter of 2012. He asked the citizens of Estes to buy American and buy local whenever possible. The 2012 caucuses would take place earlier this year and reminded the public they have 30 days to change their affiliation in order to participate in the process. Trustee Blackhurst encourage those interested in knowing more about Town operations should apply for the Citizen Information Academy or the Citizen Police Academy for those interested in the Police functions. The Estes Park Housing Authority would meet on Wednesday, December 14th at 8:30 a.m. in Room 203 and invited those interested. Mayor Pro Tem Levine recognized the efforts of the individuals involved in Bright Christmas as well as all of those contributing through donations and/or the adoption of families to provide local families with a Christmas. The 27 year old program continues to provide food and gifts for over 131 low income families in 2011. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt reviewed those employees receiving years of service awards in December including 25 years of service — Lorraine McCown; 20 years — Todd Steichen, Mary Thacker, Peter Marsh, Debbie McDougall, Corey Pass and Mike Hulbert; 10 years - Bruce Walters, Lowell Richardson and Alison Chilcott; 5 years - Sue Perney, Shawn Bledsoe, Claude Traufield, Timothy Good, Derek Fortini and Cynthia Deats. 1. CONSENT AGENDA: 1. Town Board Minutes dated November 22, 2011 and December 5, 2011, Town Board Study Session Minutes dated November 22 and 30, 2011. 2. Bills. 3. Committee Minutes — None. 4. Estes Valley Planning Commission Minutes dated November 15, 2011 (acknowledgement only). 5. Estes Park Tree Board Minutes dated July 15, 2011, September 16, 2011 and October 7, 2011 (acknowledgement only). It was moved and seconded (Ericson/Blackhurst) to approve the Consent Agenda, and it passed unanimously. 2. REPORT ITEMS: 1. ELKHORN LODGE HISTORIC PRESERVATION SOCIETY'S WOUNDED WARRIOR PROJECT. Rich Johnson/Elkhorn Historic Preservation Society presented their mission and goals to restore the Elkhorn Lodge and provide a safe healing environment for the Wounded Warriors and all Veterans through a "History and Heroes" program. The non-profit organization has begun raising $20 million dollars to purchase and restore the lodge and to help in aiding the wounded warriors overcoming both mental and physical issues by providing them a safe, supporting environment. The society is seeking Town support and has an immediate need for $150,000 in support to continue the Wounded Warrior program. Additional comments were provided by Billy Ward/Town citizen, Angela Schmitt/Program therapist, and Heather Cook/Health care provider, including the additional sales tax generated by the Board of Trustees — December 13, 2011 — Page 3 soldiers and their families; therapy programs that would be provided to the soldiers to address a range of disorders that occur for soldiers readjusting to civilian life; and the need to help soldiers with back to work projects. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. AMENDED PLAT, LOT 1, SUNDANCE MOUNTAIN SUBDIVISION, 1531 FISH HATCHERY ROAD, JEFF MOREAU/APPLICANT. Item continued from October 25, 2011 meeting. Planner Shirk reviewed the request to vacate a platted building envelope to expand an existing cabin closer to the river. Prior to building the addition, approval of a variance and an amended plat was required. In April, the Estes Valley Board of Adjustment approved the river setback variance, and in July, the Estes Valley Planning Commission recommended approval of the amended plate with conditions including the formal dedication of an existing aerial easement in place since 1967. The property owner has expressed concern with the dedication that would allow replacement of the existing single-phase line with a three-phase line directly over her property. Relocation of the line has been discussed; however, due to the river crossing the cost would be prohibitive to the property owner. Therefore the property owner has requested the Town Board approve the amended plat without the easement dedication. Attorney White stated it is his opinion the Utilities department could upgrade the current line from single to three-phase without a formal dedication; however, the utility policy requires prescriptive easements to be formalized during land use or building permit applications. Jane Livingston/property owner stated she was unaware of the power line when she purchased the home. She would be willing to provide an easement for the existing single-phase line with the understanding the Town would move the line upon upgrading the line to three-phase. After further discussion it was moved and seconded (Elrod/Blackhurst) to approve the proposed Amended Plat of Lot 1, Sundance Mountain subject to the findings and conditions recommended by the Estes Valley Planning Commission, and it passed unanimously. 4. ACTION ITEMS: 1. APPOINTMENT OF LYNETTE LOTT TO THE LOCAL MARKETING DISTRICT BOARD. Town Clerk Williamson stated an announcement was placed in the local paper and the Town website for one Town and one County position on the LMD Board expiring on December 31, 2011. Four applications were submitted and interviews were conducted on November 17th by members of the Town Board, LMD Board and County Commissioner Donnelly. The interview team recommended the reappointment of Bill Almond by the County and appointment of Lynette Lott by the Town. Discussion followed with Trustee Blackhurst expressing concern with the appointment of an additional accommodation owner and EALA member to the LMD Board, and recommend future appointment consideration is given to other business groups in the community. Trustee Miller shared the same concerns; however, he stated as liaison he has not seen any favoritism toward the lodging community by the current LMD Board. Charley Dickey/Town citizen stated he too would like to see other business entities represented on the LMD Board. Board of Trustees — December 13, 2011 — Page 4 Lynette Lott stated appreciation for the opportunity to serve. She commented her Board appointment on EALA would expire in April. She stated the importance of working with all aspects of the business community to provide their guests with things to do during their visit. It was moved and seconded (Miller/Koenig) to appoint Lynette Lott to the Local Marketing District to a four-year term expiring on December 31, 2015, and it passed unanimously. 2. RTA APPLICATION PROPOSED REVISIONS AND FUNDING REQUEST. Town Administrator Halburnt stated the Town approved the final application for an RTA grant in July and funding for the Third Party analysis. The Third Party analyst draft report does contain sales tax revenue estimates lower than those in the submitted application. At this point the Town Board must decide to either address the errors and omissions within the report at no additional cost, or submit additional information for consideration requiring an additional fee of $5,845 for the purpose of reviewing the new data prior to finalizing the report. Curt Gleaves/EPI member stated the report contains a number of errors and needs to be revised. The report prepared by EPS confirmed expectation with winter visitation and with the creation of new jobs; however, the report did contain erroneous analysis with regard to sales tax revenue computation. He stated EPS reviews of the other RTA applications also received reports that did not follow the state statute. EPS indicated the project would only be eligible to receive 66% of the RTA increment. EPI would like to have the Third Party report revised prior to final submission and provide additional information to help clarify portions of the document. Discussion followed on what information would be provided and whether or not the information in the report was erroneous, and therefore, should be corrected by EPS prior to submission of the final report at no additional cost to the Town; the private sector should support the project and fund the corrections if it is important to move the project to the top of the list; and additional funding should not be supported to improve upon an unsatisfactory report. Tom Gootz/Town citizen commented an incompetent agency was chosen by the State which is evident in the gross difference between the EPI projections and those by EPS. He would suggest an independent attorney provide a legal opinion on the interpretation of the statute and what can be funded by the RTA grants before the Town moves forward with the application. Johanna Darden/Town citizen voiced concern that a development plan was requested and has not been provided for the proposed development. She requested the potential salaries of EPI members be made public. Ron Wilcocks/County citizen stated the project would be important to the community to grow the winter economy. He would support funding the improvements to the report. Rich Johnson/Elkhorn Historic Preservation Society suggested the project would not support additional jobs, would not increase school enrollment and proposed RTA funding for the project would not support the cost to build the infrastructure. Jim Tawney/Town citizen stated the errors and omissions should be corrected without additional costs; however, he would support funding if additional information would provide a stronger report. Board of Trustees — December 13, 2011 — Page 5 Charley Dickey/Town citizen requested Town Attorney White provide a legal opinion on whether or not the items in the report are errors and omissions. Harry Hutcherson/Town citizen objected to the project or additional funding for the report. After further discussion, it was moved and seconded (Miller/Koenig) to prepare a letter addressing the errors and omissions in the Third Party analyst report for the RTA application and the letter to be prepared, reviewed and jointly sent by the Town of Estes Park and the Elkhorn Project Inc., and it passed with Trustees Blackhurst and Elrod voting "No". Mayor Pro Tem Levine requested a 5 minute break at 9:18 p.m. 3. RESOLUTION #16-11 - 2011 SUPPLEMENTAL BUDGET APPROPRIATION. Finance Officer McFarland reviewed the supplemental appropriation resolution allowing a municipality to authorize additional money for a specific fund than was originally adopted. The requested supplemental appropriations address both revenue and expenditure difference from the approved 2011 budget. Examples include increase revenue to the General Fund due to an increase in sales tax revenues forecasted; projected revenues exceeded original forecast for business licenses, application fees, and building permit fees; Light and Power revenues lagged expectations as well as a decrease in demand; and Water revenues exceeded budget due to plant development fees and water rights. All funds maintained expenditures within the original budget with the exception of the Community Reinvestment Fund because the original budget did not anticipate projects completed in 2011. After discussion, it was moved and seconded (Ericson/Miller) to approve Resolution #16-11 adopting the supplemental appropriations for the 2011 budget, and it passed unanimously. It was moved and seconded (Miller/Blackhurst) to extend the meeting to 10:30 p.m. and move Action Item #5 and Staff Report Item #1 to the special meeting on December 20, 2011, and it passed unanimously. 4. LETTER OF SUPPORT FOR PUBLIC LANDS HIGHWAY DISCRETIONARY (PLHD) GRANT TO DEVELOP A TRANSPORTATION RECREATION OPPORTUNITY SPECTRUM (TROS). Director Zurn and Elijah Henley/Transportation Planning Team Lead, Central Federal Lands Highway Division for Federal Highway Administration reviewed the purpose and benefit of developing TROS, which would develop a new set of analytical planning tools to be used by the Federal Land Management Agencies (FMLA) at the local, regional, and national level, to identify and prioritize projects to improve federal land access, and to evaluate transportation impact on natural and cultural resources, the enhance the visitor experience and spur economic growth and job creation. The TROS would determine where in the study areas improvements may be needed such as increasing transportation choices, traffic calming, multi -modal and connectivity improvements, development of livability plans and access to community or natural resources. It is being developed in parallel with various transportation planning initiatives including those conducted by the National Park Service, Fish and Wildlife, US Forest Service, and other FLMAs. The project was initially funded with $110,000 in Public Land Highway Discretionary (PLHD) funds and although additional direct funding would not be allocated, the project would acquire data from other planning projects; however, support letters are being collected from gateway communities, counties., local land use planning agencies and state and local transportation agencies to gain support for additional PLHD grants. Board of Trustees — December 13, 2011 — Page 6 Charley Dickey/Town citizen questioned if there would be opportunity for public comment on the project and if the Town's Transportation Visioning Committee could be involved in the process. After further discussion it was moved and seconded (Blackhurst/Koenig) to approve the execution of a letter of support for the funding of a Transportation Recreation Opportunity Spectrum (TROS), and it passed unanimously. 5. RESOLUTION #17-11 INTERIM TOWN ADMINISTRATOR SALARY & JOB DUTIES. Item moved to the special Town Board meeting on December 20, 2011. 6. APPOINTMENT OF REUBEN BERGSTEN TO PLATTE RIVER POWER AUTHORITY. Town Administrator Halburnt's term expires on December 31, 2011 and with her departure eminent the Town must appoint a new member to the Platte River Power Authority. In the past, the two PRPA seats have been filled by the Mayor and the Utilities Director. It was moved and seconded (Ericson/Blackhurst) to appoint Reuben Bergsten/Utilities Director to the Platte River Power Authority Board for a four-year term expiring December 31, 2015, and it passed unanimously. 5. STAFF REPORT. 1. 2012 STAFF COMPENSATION. The item was continued to the special Town Board meeting on December 20, 2011. Whereupon Mayor Pro Tem Levine adjourned the meeting at 10:00 p.m. Chuck Levine, Mayor Pro Tem Jacie Williamson, Town Clerk