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HomeMy WebLinkAboutMINUTES Town Board 2011-11-22Town of Estes Park, Larimer County, Colorado, November 22, 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 22nd day of November, 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. PUBLIC COMMENT. Rich Johnson, Town resident, said he will be submitting an option to the RTA and ski resort proposal for the Elkhorn Lodge property. Johanna Darden, Town resident, spoke in opposition of a modern resort on the historic Elkhorn Lodge property and to any public monies being used to fund the project. She urged others who oppose the project to speak out. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Blackhurst encouraged the public to participate in two upcoming educational opportunities. The Citizen's Information Academy (CIA) and the Citizen's Police Academy (CPA), both scheduled in early 2012. Trustee Ericson said the Larimer County Open Lands Advisory Board will hold a hearing on December 7, 2011, concerning increasing campsite fees at Hermit Park. He said it was a pleasure to see a good turnout at the Christmas Tree Lighting ceremony on November 19th, and encouraged the public to buy American, and support local merchants when purchasing gifts. Mayor Pro Tem Levine urged shoppers to buy at local stores on Saturday, November 26th in support of a national movement to shop locally. Trustee Koenig said Sister Cities will be hosting a group from Costa Rica December 2nd through December 12'h; and that a trip to Costa Rica is planned for 2012. She encouraged individuals interested in Sister Cities to contact the group for more information. Trustee Miller said the Transportation Visioning Committee (TVC) continues to work on a final report and recommendations to the Board; the Local Marketing District (LMD) reports that Estes Park's website is experiencing a click through rate of 6% which is well above the average of 1% to 2%; and National Geographic will be working with the Town and Rocky Mountain National Park to stage a BioBlitz at the fairgrounds during August 2012. He also encouraged shoppers to shop locally year around. Board of Trustees — November 22, 2011 — Page 2 Mayor Pinkham thanked Light and Power crews, and all involved, for their efforts to restore power to customers after last week's devastating wind storm. He said the selection process for a consultant firm to conduct a search for a new town administrator has begun. Five recruitment firms will be interviewed and considered by the Board. TOWN ADMINISTRATOR REPORT. • Thanks to the Light and Power linemen for their work throughout the wind storm and its aftermath. Also to Steve Barlow and Bruce Walters for manning the phones at Town Hall; and Laurie Button, Acting PIO, and Commander Eric Rose for the professional assistance and support they provided. • September sales tax is up 19% over 2010 for an increase of 7.1% for the year over 2010. • The 3rd Party Analyst report related to the Elkhorn Project has not been received from the state. When received the Town can either accept the analyst's comments or request a second review of the application, which would require an additional fee. 1. CONSENT AGENDA: 1. Town Board Minutes dated November 8, 2011, Town Board Study Session Minutes dated November 1, 2011 and November 8, 2011. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities and Public Works Committee, November 10, 2011: 1. Truck Mounted Broom, MacDonald Equipment Company, $12,997. 4. Estes Valley Planning Commission Minutes dated October 18, 2011 (acknowledgement only). It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and it passed unanimously. 2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP, Unit 5, 516 Promontory Drive, The Promontory at Kiowa Ridge Condominiums, Mike Kingswood/Applicant. B. PRELIMINARY & FINAL TOWNHOME MAPS, The Timbers of Estes, 1170-1220 Timber Mountain Lane, Mark Theiss/Applicant. It was moved and seconded (Levine/Koenig) the Planning Commission Consent Agenda be approved, and it passed unanimously. 2. REPORT ITEMS: A. Problem Statement — Accessory Dwelling Units. Staff and the Estes Valley Planning Commission (EVPC) have prepared general recommendations related to amendments to the Estes Valley Development Code (EVDC) as it pertains to Accessory Dwelling Units (ADU). The amendments are being proposed in response to community demand, the needs and desires of property owners, to provide clear definitions, and to correct conflicts in the code. Following the ADU report at the last Town Board meeting, staff requested comments related to the proposed amendments. Upon review it was found that the Town Board Board of Trustees — November 22, 2011 — Page 3 and the Planning Commission disagreed on a number of key points which include, but are not limited to, architectural controls, long-term rental, land use affidavit, and minimum lot size. Planner Shirk noted that the problem statement was presented to the Larimer County Commissioners in October and said that the Commissioners agreed with the statement and supported the long-term rental of ADUs. The Trustees requested that a study session be scheduled after the first of the year to discuss ADUs prior to providing the EVPC with direction on how to proceed. B. Amendment to the Estes Valley Development Code — Chapter 6 Non- conforming Uses, Structures and Lots to allow for more flexibility to modify the interior of existing detached Accessory Dwelling Units. The proposed code amendments were initiated in response to requests from the public to allow alterations to existing non -conforming ADUs. Currently, the code allows for repair and maintenance of ADUs but does not allow alterations. The proposed amendments would not, however, allow for the expansion of square footage, footprint or height of a non- conforming ADU. A public hearing is scheduled to be held at the December 13, 2011, Town Board meeting. 3. ACTION ITEMS: 1. PUBLIC HEARING — 2012 BUDGET - ADOPTION. Mayor Pinkham opened the public hearing and Finance Officer McFarland reviewed the budget adoption process and recapped changes to the budget that were requested by the Board at the November 8, 2011, Town Board meeting which are as follows: a. A seasonal records technician was requested prior to budget sessions, and has been added back in to Police under 101-2155. b. The Local Marketing District (LMD) assistance amount has been reduced from $120,000 to $85,000. c. The Medical Insurance Fund (#606) has been budgeted for. It will be "seeded" through transfers from other funds that have realized savings resulting from implementing the new self -funding medical plan. d. The new medical plan resulted in positive revisions in benefit expenses in all departments and funds. The resulting savings were used to 1) "seed" the Medical Insurance Fund and 2) provide further funding for the Street Improvement Program (STIP). e. A $30,000 expenditure was added to the Legislative Department of the General Fund (101-11-1100-411-22-98) for the recruitment process for the Town Administrator search. f. Following the above changes, General Fund fund balance percentage was reduced from 30% to 25%. The resulting monies ($455,065) were put into the Streets department under the STIP. This increased the STIP to $855,065. The Mayor requested a separate discussion and vote on Item b. related to a reduction in assistance to the Local Marketing District from $120,000 to $85,000. Trustee Blackhurst recused himself from the discussion. Trustee Miller said at a meeting held with the LMD to discuss the reduction in assistance, the $85,000 amount was agreed upon and will be used specifically for the LMD's destination branding program and to move forward with developing a new website. Trustee Ericson said the LMD will make the appropriate adjustments to their 2012 budget to account for the $35,000 reduction. Johanna Darden, Town resident, said that going into its third year the LMD should be self-sustaining and not require financial support from the Town. Board of Trustees — November 22, 2011 — Page 4 Deputy Town Administrator Richardson noted that prior to the election that created the LMD, the Town agreed to provide support to the organization for up to five years. He said the structure of the financial relationship changed when the revenue -generating Stakeholder Services was turned over to the LMD, and that the LMD is aware of its long-term responsibility and is striving to move ahead and not rely on the Town for funding. It was moved and seconded (Ericson/Koenig) to approve financial assistance to the Local Marketing District in the amount of $85,000 to fund branding strategies for 2012, and it passed unanimously, with Trustee Blackhurst abstaining from the vote. Finance Officer McFarland discussed the Highway User's Trust Fund. He said the Fund consists of shared revenue, primarily derived from fuel tax and vehicle registrations, and estimated that in 2012 the Town will receive approximately $270,999. Funds will be utilized as part of the STIP overlay on projects such as street improvements, snow removal and plow blade work, vehicle and equipment usage, and traffic control items. Finance Officer McFarland continued by presenting Resolution #13-11 to set the mill levy which is required in order to allow the Town to levy and collect property taxes. For 2012 the mill levy will be set at 1.822 mills, which will yield approximately $339,779 in property taxes. This figure represents a slight decrease from 2011, due to a decline in net assessed property value. The original property tax estimate for 2012, as provided for by the DLG-53 Statutory Property Tax Revenue Limitation document dated September 30, 2011, was $365,000. Subsequent information has become available estimating revenues will more likely be in the $340-350,000 range. The printed budget will be revised to reflect this change to property tax revenues. The shortfall will be offset by other minor revisions to revenue line items in the General Fund, resulting in no net change to General Fund amounts. He said approval of Resolution #14-11 will adopt the 2012 budget, and Resolution #15-11 appropriates sums of money to execute the budget and states that revenues within each fund are sufficient to support expenditures. Johanna Darden, Town resident, expressed dissatisfaction with the use of Larimer County Open Space funds for Bond Park improvements. Attorney White said there has been no change in his opinion related to using open space funds for Bond Park, which is contained in a memo dated May of 2010. The Mayor said that the Town Board provides oversight for the use of open space funds and Trustee Ericson reported that, as the Estes Park representative on the Larimer County Open Space Advisory Board, he has kept the County informed as to how the funds are being utilized. Curt Gleaves, County resident, complimented the Board and staff for the thoroughness and transparency of the budget process. It was moved and seconded (Ericson/Blackhurst) to approve Resolution #13-11 to set the mill levy, Resolution #14-11 to adopt the 2012 budget, and Resolution #15-11 to appropriate sums of money, and it passed unanimously. The Board commended Finance Officer McFarland and staff for their efforts and refinements to the budget process. 2. APPOINT INTERIM TOWN ADMINISTRATOR & DEFINE RESPONSIBILITY. In light of the termination of Town Administrator Halburnt's contract on December 31, 2011, Mayor Pinkham made a recommendation to appoint Deputy Town Administrator Richardson to the position of Interim Town Administrator. The responsibilities of the Interim Town Administrator would include overseeing operations, and maintaining the status quo until a new Town Administrator is identified and hired. The Mayor proposed that compensation adjustments related to increased responsibilities during this Board of Trustees — November 22, 2011 — Page 5 period be established at the December 13, 2011, Town Board meeting. The Trustees requested additional discussion be held concerning appropriate compensation and whether it should be in the form of a monthly salary increase, a bonus, or dependent upon performance It was moved and seconded (Levine/Ericson) to appoint Deputy Town Administrator Richardson as Interim Town Administrator following the termination of Town Administrator Halburnt's contract on December 31, 2011, and it passed unanimously. It was moved and seconded (Levine/Koenig) that the Town Board instruct the Mayor to bring forward a recommendation for compensation for the duration of Deputy Town Administrator Richardson's detail to Interim Town Administrator to the December 13, 2011, Town Board meeting, and it passed. Those voting "Yes" Mayor Pro Tem Levine, Trustees Elrod, Ericson, Koenig, and Miller. Those voting "No" Trustee Blackhurst. The Mayor requested that the Trustees provide him with their ideas related to a dollar amount range and the structure of the compensation. 4. STAFF REPORT: 1. STALL BARN REPLACEMENT AT FAIRGROUNDS. In response to a request by the Board, staff prepared a report to provide cost estimates, site location recommendations, and a timeline for completion of a 100- stall capacity barn facility. Deputy Town Administrator Richardson reported that based on research conducted costs ranged from a low of $4,500 per stall to a high of $7,500 per stall, with the inclusion of wash racks, bathrooms, ventilation and heating and associated code requirements increasing the per stall cost. Staff's recommendations vary depending on whether the Supporters of the Performing Arts (SOPA) facility is built on the southeast section of the fairground property. If so, staff recommends constructing the new barns in the northwest section of the fairground property as proposed in the 2005 Master Plan. However, if the SOPA facility is not built, staff proposes situating the new barns in the location currently planned for the SOPA facility. Dir. Zurn noted that locating the barns on the west side of the property would involve approximately $75,000 in additional costs to meet sewer/sanitary requirements. Construction of a 100-stall capacity barn could begin immediately in the northwest location without interfering with events held at the fairgrounds. Discussion included: concern related to odors and flies impacting the nearby neighborhood; provide a design/build firm with sketches and request a price for construction of the barn; staff is preparing to move forward to put together an RFP to get hard numbers; propose to have barn in place before 2012 season begins; demolition of old barns can occur after the season; new stall barns may increase activity and business at the fairgrounds; wash racks and restrooms will enhance visitor's experience; and consider renting stalls to board horses during winter months. Attorney White said restrictions may apply to certain types of commercial use of the property. Whereupon Mayor Pinkham adjourned the meeting at 8:50 p.m. illiam C. Pinkham, Mayor Cynthia Deats, Deputy Town Clerk