HomeMy WebLinkAboutMINUTES Town Board 2011-08-23Town of Estes Park, Larimer County, Colorado, August 23, 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 23'd day of August, 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
Jerry Miller
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Town Attorney White
Cynthia Deats, Deputy Town Clerk
Absent: Trustee Koenig
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.
Tom Gootz, Town resident, addressed the Board about the impact the construction of
the Fish Creek Trail will have on the beaver colony living in the area, and expressed
concern that the proximity of the path will breach their dam. Mayor Pinkham said this
item is included on the consent agenda and asked that discussion occur at that time.
Celia Zinser, Town resident, requested a status report on repairs and improvements
that are to be undertaken at the intersection of Moccasin Bypass and Ouray Drive, and
stated no one has contacted the Cumorrah property owners since the July 26th Town
Board meeting. Dir. Zurn stated that negotiations with the contractor related to
Prospect Avenue improvements are complete and that the project has been accepted,
although there is a one-year retainage with the contractor to ensure revegetation and
maintenance issues are addressed, including the Moccasin and Ouray intersection.
The overlay on Prospect has created a situation at the intersection where the old
surface meets the new surface resulting in ice build-up in the winter months. Dir. Zurn
said he plans to examine the intersection when there is adequate precipitation that will
allow him to observe conditions at the location and will be in contact with area residents
as soon as he has the opportunity to evaluate the situation.
Johanna Darden, Town resident, commented on the high quality of the Draft Horse
Show, and said the transportation hub parking area was utilized by attendees.
TOWN BOARD COMMENTS 1 LIAISON REPORTS
Trustee Blackhurst said the Estes Park Housing Authority (EPHA) is moving forward
with dividing the Pines into two separate legal subdivisions to facilitate financing
processes as the remaining units sell.
Trustee Elrod reported that the Estes Valley Planning Commission (EVPC) will be
discussing accessory dwelling units (ADUs) at their September meeting and invited
public participation. He announced that a joint meeting with the Town Board, the
EVPC, and the Larimer County Commissioners will take place on September 29, 2011,
from 2 p.m. till 5 p.m. in the Town Board room.
Board of Trustees — August 23, 2011 — Page 2
Trustee Ericson said the citizen's survey can be completed on-line at www.estes.orq
and encouraged those who were not selected to receive the survey in the mail to give
their input. He noted that Town staff had provided good information at the Moraine
Avenue public hearing last week; that the term of the interim executive director of the
Supporters of the Performing Arts (SOPA) has ended; and that the Transportation
Visioning Committee (TVC) is moving forward with plans for public forums to be held in
September.
Trustee Miller commended the Draft Horse Show and the Senior Rodeo and said there
was an increase in attendance over last year for these events.
TOWN ADMINISTRATOR REPORT.
Town Administrator Halburnt stated that the State's Air Quality Control Commission is
considering including Estes Park in the emissions testing area, although both the Town
of Estes Park and Larimer County have voiced opposition. However, the state has
decided to begin collecting data in the area by having a remote sensing unit in Estes
Park next week. Motorists are encouraged to have their cars tested at no charge.
Automobiles four years old or newer are exempt from emissions testing.
Mayor Pinkham added that the Town supports clean air initiatives and said that
opposition to emissions testing is based on concerns related to the age of the Estes
Valley population and requiring them to drive to the valley to have their cars tested.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 9, 2011, and Town Board Study Session
Minutes dated August 9, 2011.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities, Public Works Committee, August 11, 2011.
1. 2011-2012 Exhibits & Display Contract, M. Atkins Landscaping, Inc.
- $39,831/2011, budgeted and $43,017/2012, per budget
appropriation.
2. License Agreement with Estes Valley Recreation & Park District for
Homer Rouse Trail.
4. Estes Valley Planning Commission Minutes dated July 19, 2011
(acknowledgement only).
5. Estes Park Tree Board Minutes dated March 4, 2011, April 1, 2011, April 22,
2011, May 13, 2011, and June 3, 2011 (acknowledgement only).
Mayor Pro Tem Levine requested that Item #3.a.2, License Agreement with Estes
Valley Recreation and Park District for Homer Rouse Trail, be removed from the
Consent Agenda.
It was moved and seconded (Levine/Miller) to approve the remaining Consent
Agenda items, and it passed unanimously.
Mayor Pinkham opened discussion related to Item #3.a.2. Trustee Blackhurst stated
that the license agreement had been discussed at last week's Public Safety, Utilities,
Public Works (PUP) Committee meeting, including the welfare of the beaver colony.
Board of Trustees — August 23, 2011 — Page 3
He noted that the EVRPD is the sponsoring organization for the trail project and that in
order to move forward with the project, the Town and Larimer County must approve the
license agreement which would give permission for Town rights -of -way to be utilized for
the trail, and said concerns about the trail should be taken up with the EVRPD. Trustee
Ericson concurred that the beaver colony was discussed at the PUP meeting even
though that portion of the trail is on county property; and noted that the pedestrian
crossing at Scott Avenue will be located on Town property.
EVRPD Director Stan Gengler addressed the Board. He said the County has not yet
formally approved the agreement but has authorized construction to begin in the
Cheley Camp area. He said the district is concerned about the beaver colony and
considers it an environmental asset to the trail. A meeting on Friday, August 26, 2011,
11 a.m. will be held to discuss the trail and the beaver colony, with Division of Wildlife
Officer Spowart in attendance. Mr. Gengler also stated that a traffic study had been
completed related to the pedestrian crossing near Scott Avenue and will be submitted
to Public Works Director Zurn for review.
Johanna Darden, Town resident, said crowds of people frequently gather to view the
beavers and expressed concern that the animals are being harassed.
Tom Gootz, Town resident, said he would expect the project will be built to standards
consistent with the GoCo mission statement. He said he looked forward to the meeting
on August 26th to hear how the trail will be built without wiping out the beaver colony.
It was moved and seconded (Blackhurst/Ericson) to approve the license agreement
with EVRPD for the Homer Rouse Trail, and it passed unanimously.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. AMENDED PLAT
1. Lot 1, Sundance Mountain Subdivision, 1531 Fish Hatchery Road;
Livingston Amended Plat; Jane Livingston/Applicant.
B. AMENDED PLAT, PRELIMINARY & FINAL CONDOMINIUM MAPS.
1. Lots 12 & 13, Block 10, Country Club Manor Addition, 540 Birch
Avenue, Birch Avenue Condominiums; John and Debra
Dullaghan/Applicants.
Trustee Blackhurst requested that Item #1.A.1 be removed from consent agenda.
It was moved and seconded (Levine/Miller) to approve Item #1.B.1 on the
Consent Agenda, and it passed unanimously.
The Mayor opened discussion on Item #1.A.1. Trustee Blackhurst noted that a
letter from the applicant requesting a continuance of the item until October was
contained in the packet material. It was moved and seconded (Blackhurst/Miller)
to continue the Amended Plat for Lot 1, Sundance Mountain Subdivision
until the second Town Board meeting in October, and it passed unanimously.
2. REPORT ITEMS:
A. Amendments to the Estes Valley Development Code (EVDC) —
Amending sections of the EVDC to address the Religious Land Use &
Institutionalized Persons Act (RLUIPA). Public hearing scheduled for
September 27, 2011.
Board of Trustees — August 23, 2011 — Page 4
Dir. Chilcott reported that amendments to the EVDC are being proposed to align
with a federal law that was passed in 2000, the Religious Land Use &
Institutionalized Persons Act. The law applies to land use regulations involving
religious assemblies and institutionalized persons. The proposed revisions
ensure the development standards and review processes are consistent with the
purpose and character of zoning districts and are compliant with RLUIPA. The
proposed amendments would allow schools and religious assemblies as a use by
right in the CO and A zoning districts, and by special review in the R-2 and RM
zoning districts. A public hearing is scheduled for September 27, 2011.
3. ACTION ITEMS:
1. ORDINANCE #17-11 AUTOMATIC SPRINKLER SYSTEM AMENDMENTS TO
THE 2009 INTERNATIONAL BUILDING CODE.
In April, the Town Board adopted the 2009 International Building Codes (IBC)
with local amendments. Subsequent to meetings held in 2011 that focused
specifically on sprinkler systems, staff is recommending five additional
amendments to further address local conditions and concerns. Three of the
proposed amendments are less restrictive, and two of the proposed
amendments are more restrictive than the applicable Code. The proposed
amendments allow an exception in existing buildings when a change of A-2
occupancy meets certain conditions; require a National Fire Protection
Association (NFPA) 13 system in buildings in non-residential zone districts
allowing zero property line setbacks, except when not required by the
International Existing Building Code (IEBC); allow an exception in buildings
located in non-residential zone districts with a change of use when the building
contains no more than two residential units; require a NFPA 13 system in
buildings in non-residential zone districts with fire areas greater than 5,000
square feet, except when not required by the IEBC; and exempt residential
buildings constructed under an approved development plan when certain
conditions are met as of the adoption date of the amendments. In
circumstances when sprinkler systems are not mandated by the Code, the
proposed local amendments require a gradual investment in sprinkler systems
by requiring that a designated percentage of the total value of significant
improvements be spent on sprinkler systems.
The Trustees discussion of the amendments is summarized: define significant
improvements; would a sprinkler system escrow account be created?; have a
problem with a partial system, is like a sidewalk to nowhere; why spend money
on a system that may never be completed; does not make sense to set aside
money for partial work; an alarm system may have merit as a partial system;
require the installation of a complete system; if a sprinkler system is not
required by the IEBC why are we requiring this?; need more information on
why we are requiring money to be spent on an incomplete system; incomplete
system does not protect anybody or anything; and how did staff arrive at the
references to 10% and 25% of total value of significant improvements?
CBO Birchfield said an interior remodel exceeding $50,000 is considered a
significant improvement, and that staff came up with language to describe the
percentage system by running through a variety of redevelopment scenarios.
He said the purpose is to not make redevelopment cost prohibitive, but at the
same time have a long range plan to get buildings sprinkled for the protection
of firefighters and the public at large.
Chief Dorman spoke in favor of the proposed amendments and said the
percentage system would help to improve fire protection in the downtown area,
and said the Fire District would want to be involved in plans for partial or future
sprinkler systems.
Board of Trustees — August 23, 2011 — Page 5
Don Debey, Town resident, spoke in favor of the percentage system saying it
makes sense to do planning and prep work to eventually complete the
sprinkling of an existing building.
Charley Dickey, Town resident, questioned the ability of Town infrastructure to
handle sprinklers systems in certain areas of Town and the incomplete results
of the percentage system; suggested consideration of a rebate program for
sprinkler systems; and encouraged the use of a key lock box system to
facilitate entrance to buildings by firefighters.
Frank Theis, Town resident, suggested changing language in one of the
amendments to read "non-residential uses" rather than "non-residential zoning
districts" allowing zero property lot line setbacks. He commented that the
percentage requirements create a fuzzy situation that may be easy to
manipulate, put additional demands on staff, and raise questions with lenders
when seeking financing for projects.
Attorney White read Ordinance #17-11 into the record. It was moved (Levine)
to adopt Ordinance #17-11, and the motion died due to the lack of a
second.
Trustee Ericson said he cannot support partial protection of property, and the
lives of fire personnel and the public.
The Trustees suggested revisiting the percentage issue, suggested tying
improvements to square footage, and having options available which could
provide a degree of life safety without sprinkling the entire structure.
It was moved and seconded (Miller/Blackhurst) to table Ordinance #17-11
Automatic Sprinkler System Amendments to the 2009 International
Building Code until the first regular meeting in November to provide time
for staff to make revisions based on discussion, and it passed
unanimously.
CBO Birchfield said staff will revisit and continue to research the percentage
system vs. square footage, address zero lot lines, and additional concerns.
2. ORDINANCE #18-11 SIGN CODE AMENDMENTS TO THE MUNICIPAL
CODE.
Dir. Chilcott brought forward amendments to the Sign Code which include
definitions, requirements related to dimmer controls, transition times, and
maximum sizes for LED signs; clarification of the code related to temporary
signs such as real estate or political signage; allowing a master permit for non-
profit fundraising signage; a definition of a flag in order to provide a distinction
between flags and wind signs; a definition of kiosk; cleaning up references to
use districts within the code; and allowing for an alternate member on the
Creative Sign Design Review Board.
Tom Hanks, Cheesy Lee's Pizza, said he had been contacted by code
enforcement to remove the wind flags at his place of business and requested
clarification as to why they are not allowed. Dir. Chilcott will meet with Mr.
Hanks to discuss and explain the situation.
Johanna Darden, Town resident, spoke in opposition to allowing LED signs
and to creating special procedures for non -profits.
Board of Trustees — August 23, 2011 — Page 6
Charley Dickey, Town resident, commented that LED signs will change the
look of the town; that the use of kiosks should be defined; and said code
enforcement complaints should be kept confidential.
Attorney White read Ordinance #18-11 into the record. It was moved and
seconded (Miller/Ericson) to approve Ordinance #18-11 Sign Code
Amendments to the Municipal Code, and it passed unanimously.
3. NEPA STUDY CONTRACT.
Staff recommended awarding the contract for the National Environmental
Protection Agency (NEPA) Study relative to a transit facility on the Highway 34
corridor to Felsburg Holt and Ullevig (FHU) in the amount of $250,000, payable
through grant funds as follows: $200,000 Alternative Transportation in the
Parks and Public Lands Program (ATPPL) grant, $40,000 Town of Estes Park
match to the ATPPL grant from Community Reinvestment Funds (CRF)
budgeted and rolled over from 2010, and $10,000 Rocky Mountain National
Park grant match. He said FHU was the only firm who presented a proposal in
response to the RFP for the study and noted that the scope of services was
negotiated to include all portions of the environmental study plus a categorical
exclusion for the site of a separate proposed project at the CVB. Dir. Zurn said
that FHU hopes to get started in time to capture data during the Labor Day
weekend and said that Attorney White has been active in writing and reviewing
the contract which will be delivered to Dir. Zurn next week. He said the study
will take approximately 12 months to complete and will result in a report to the
Board which will include concept designs for the top two identified sites.
Johanna Darden, Town resident, spoke against approval of a contract the
Board had not had a chance to review.
It was moved and seconded (Blackhurst/Ericson) to approve a contract in
the amount of $250,000 with Felsburg Holt and Ullevig payable through
grant funds and matching funds as outlined above, and it passed
unanimously.
4. REPORTS AND DISCUSSION ITEMS.
1. MacGREGOR AVENUE REPAIR.
Deputy Town Administrator Richardson reported that Bond Park Phases One
and Three had been rejected by the Town based on the failure of MacGregor
Avenue to hold motor vehicle traffic. He said testing by two separate
geotechnical firms was inconclusive as to the cause of the failure, which may
be attributable to drainage issues related to ground water, surface water, or
both. The design engineering firm of RG and Associates and HP Geotech are
moving ahead with engineering design changes that include a drainage system
for the road; replacement of poor subgrade material, base course, and sand;
the installation of geotextile material for stabilization; and the reinstallation of
pavers. Cornerstone Construction will remain as the contractor for the repairs
which will be handled as a change order to the project and scheduled for
completion before Thanksgiving. He said the repairs are estimated to cost
$250,000 and that details related to funding the repairs will be brought forward
at the September 13, 2011, Board meeting.
Discussion is summarized: why was this problem not addressed during
construction?; condition did not present itself during construction phase; will
know more about the situation when open up the road; appears to be a ground
water issue more than a surface water drainage issue; recognized the soil was
too wet during construction and added stabilization fabric which does not help
Board of Trustees — August 23, 2011 — Page 7
drainage; involve the contractor in design of repairs; need to get the best job
possible and solve the problem once and for all without imposing an artificial
deadline on the contractor; fortunate that Community Reinvestment Funds are
available to help with repairs; use of CRF may delay other projects; consider
all options including closing off MacGregor permanently, or blacktopping over
the pavers; permanent closure of MacGregor would take Town Board approval;
and fire personnel access would preclude permanently closing MacGregor
Avenue.
Johanna Darden, Town resident, said she opposed the use of Open Space
Funds for the Bond Park project and opposes the use of any Open Space
funds for repairs to MacGregor. She said Bond Park has historically had
drainage problems and said the project has not been carefully thought out.
She stated that the designer, geotechnical firm, and contractor are responsible
for their mistakes and repairs should be done free of charge.
Frank Theis, Town resident, spoke in opposition of closing MacGregor to
vehicular traffic and parking. He said contractors have insurance and asked
why the Town is paying the bill for repairs.
Town Administrator Halburnt said the Town will be discussing the cost of
repairs with the designer and the contractor.
Charley Dickey, Town resident, said downtown merchants oppose the idea of
permanently closing MacGregor Avenue and suggested allowing motorcycles
to park on MacGregor rather than taking up spaces downtown. He spoke
against the Town spending up to $250,000 to repair MacGregor and taking
funds away from other projects. He said someone's incompetence caused the
problem on MacGregor and someone should have to pay for the repairs.
Whereupon Mayor Pinkham adjourned the meeting at 10:43 p.m.
William C. Pinkham, Mayor
yyntNhia Deats, Deputy Town Clerk