HomeMy WebLinkAboutMINUTES Town Board 2013-05-28Town of Estes Park, Larimer County, Colorado, May 28, 2013
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 28th day of May, 2013.
Present:
Also Present:
William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
Lowell Richardson, Assistant Town Administrator
Greg White, Town Attorney
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.
PRESENTATION.
The Rotary Club of Estes Park presented the Town with a check representing $2 million
in funds raised for the community during the 20 years of the Estes Park Duck Race.
The money raised helps to fund local entities and nonprofits in the community.
PUBLIC COMMENTS.
None.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson stated the Audit Committee would meet to discuss the annual audit to
be presented to the Board on June 25`h. The Transportation Advisory Committee
appointed Kimberly Campbell as the chair and Corey LaBianca the vice chair of the
committee. The Committee would meet the third Wednesday of the month. Tree Board
has two vacancies to be filed. A tree planting project was completed at the Scott
Avenue ponds by Eagle Rock School.
Trustee Phipps commented Hermit Park would be hosting an open house on June 6,
2013.
Mayor Pro Tem Blackhurst thanked the Events staff and the Police department for their
efforts during the past holiday weekend, ensuring a successful event in Bond Park and
safe weekend for all.
Trustee Koenig announced the 2013 recipients of the Estes Park Pride Awards
including: Volunteer of the Year: Jayne Zmijewski and her dog, Lakota, Volunteer
Group of the Year: Estes Valley Victim Advocates, Teacher of the Year: Brenda
Humphrey, Businesspersons of the Year: John Cullen and Rick Benton of the Stanley
Hotel, and High school scholarship recipient: Karin Kingswood. She stated Western
Heritage held a successful antique show this past weekend, and continues to develop
additional programs to fund the Queen's scholarship program to maintain the rodeo
queen locally.
Trustee Norris stated the Visit Estes Park (LMD) Board met and announced the first
quarter of 2013 revenues were up 20% from the previous year; the annual report is
available online; they would launch a new website early next month; State Senator
Board of Trustees — May 28, 2013 — Page 2
Kevin Lundberg and State Representative Perry Buck would attend their next meeting
and hold a Town Hall forum on June 18th; and a strategic planning retreat would be
held on October 15, 2013.
Trustee Elrod commented the Estes Valley Planning Commission met in April and
concluding the meeting Commissioners Joe Wise and John Tucker resigned from the
Commission. He thanked both for their service to the community. Both the Town and
County would be accepting applications to fulfill the terms of the vacated seats.
TOWN ADMINISTRATOR REPORT.
The current construction phase for Bond Park was completed on time and staff has
begun preparing for the next phase. The stakeholder group would be brought together
to discuss the phase and was represented by Mayor Pro Tem Blackhurst and former
Trustee Jerry Miller during past phases. Mayor Pro Tem Blackhurst stated interest in
continuing to serve on the stakeholder group. Any Board member interested in
participating should contact Administrator Lancaster.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated May 14, 2013 and Town Board
Minutes dated May 14, 2013.
2. Bills.
3. Committee Minutes — None.
4. Estes Valley Planning Commission Minutes dated April 16, 2013
(acknowledgement only).
5. Transportation Advisory Committee Minutes dated April 23, 2013
(acknowledgement only).
6. Resolution #09-13, Schedule public hearing of June 11, 2013, for a Tavern
Liquor License Application filed by Park Theater Mall, LLC. dba Historic Park
Theater & Cafe, 130 & 132 Moraine Avenue.
7. Approval of Compensation (Pay) Philosophy presented May 14, 2013.
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda,
and it passed unanimously.
2. REPORT ITEMS:
1. 1ST QUARTER FINANCIAL REPORT. Finance Officer McFarland reviewed
the January —March financial data stating sales tax is 9% ahead of budget
and 4% ahead of 2012; expenditures are within budget at 28% with 33% of
the year completed; utility revenues and expenditures are within parameters;
the Town ranks 4 out of 22 among CAST communities for overall sales tax
over the past few years; the sales tax rate of change continues to increase at
an annual rate of nearly 5.3%; food and lodging are up significantly over the
past two years; and construction up 51 % over the same period of time, which
demonstrates the sales tax gains are broad -based.
2. GIS DEMONSTRATION. Consultant Jill Fischer/lnvision GIS provided an
overview of the work completed to date to reorganize the Town's GIS system
to make it efficient, improve communication between departments, and
provide easy access for all users through the development of base maps.
The Town had a number of master data sets that have been consolidated
into one set of accurate data. Templates have been developed for each
department in order to make relevant data available. She stated she has
Board of Trustees — May 28, 2013 — Page 3
been working with other entities and districts (sanitation districts and RMNP)
to share and utilize information between all entities. Additional projects
include a new layer for all Town owned properties and a layer for addressing
to move the assigning of address in the future from paper to GIS to increase
accuracy.
4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. PRELIMINARY SUBDIVISION PLAT, Lot 3, Stonebridge Estates
Subdivision, 1125-1195 Fish Creek Road, Seth Hanson/Applicant.
It was moved and seconded (Blackhurst/Norris) to approve the Consent Agenda
with the Planning Commission recommendations, and it passed unanimously.
2. ACTION ITEMS:
A. FALL RIVER 12-19 ANNEXATION — RESOLUTION #10-13 &
ORDINANCE #07-13 — PUBLIC HEARING. Senior Planner Shirk stated
the annexation request is part of the overall Harmony Foundation
Master Concept Plan including a development plan, lot consolidation
plat and annexation. The applicant has requested a 20-year vesting of
the development plan. The annexation includes the Harmony property,
portions of Fish Hatchery Road to obtain contiguity and Rivers End
Condominiums. As this annexation was considered a flagpole
annexation due to the annexation of right-of-way to gain contiguity, all
abutting property owners were notified of their right to join the
annexation. The Rivers End Condominium Association contacted the
Clerk's Office and submitted all necessary documents and application to
be included in the annexation as Addition 19. The Planning
Commission approved the development plan at their April 16, 2013
meeting with the condition that Phases II and III shall be submitted for
staff -level review and approval prior to issuance of building permits to
ensure compliance with current standards in place at the time of build
out.
Mayor Pro Tem Blackhurst stated the annexation would bring new roads
into the Town system which emphasizes the need to consider funds to
maintain the Town owned roadways.
It was moved and seconded (Norris/Phipps) to approve Resolution
10-13 to annex Fall River Additions 12-19, and it passed
unanimously.
Attorney White read the Ordinance into the record. It was moved and
seconded (Norris/Phipps) to approve Ordinance 07-13 to annex Fall
River Additions 12-19, and it passed unanimously.
B. HARMONY LOT CONSOLIDATION PLAT, Senior Planner Shirk stated
the consolidation would combine three existing unplatted parcels into
one platted subdivision, eliminate interior property lines,
vacate/dedicate appropriate road right-of-way, dedicate utility
easements, and provide a concise legal description, Lot 1, Harmony
Subdivision. The Planning Commission recommended approval of the
lot consolidation at their April 16, 2013 meeting with conditions of
approval including items such as compliance with the Harmony
Foundation Master Plan Fire Mitigation Plan, installation of street signs
prior to the issuance of the first building permit for Phase I, the submittal
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of the Harmony Subdivision Plat for recording prior to site work but no
later than November 29, 2013, the plat shall include easements for
utilities and a trail, the applicant would provide funds for the trail in lieu
of building it with the development, and additional landscaping would be
added to buffer the western building and future trail. It was moved and
seconded (Elrod/Koenig) to approve the Harmony Foundation Lot
Consolidation Plat subject to the findings and conditions
recommended by the Planning Commission, and it passed
unanimously.
C. FEE WAIVER REQUEST FOR DEVELOPMENT & ANNEXATION
APPLICATIONS BY HARMONY FOUNDATION. Director Chilcott
presented a request from the Harmony Foundation to waive
development fees and annexation fees related to the redevelopment of
and future expansion of the property at 1600 Fish Hatchery Road for a
total of $4,400. The Community Development/Community Services
Committee recommended this request be considered by the entire
Board at their April 25, 2013 meeting.
Dorothy Dorman/Harmony Foundation Chief Executive Officer stated the
foundation is a non-profit 501(c) (3) corporation, providing a needed
health care service for residential treatment for addictive disorders. The
foundation has been fulfilling its mission in the Estes Valley since 1969
providing approximately 700 individuals with treatment annually for a
fee. The organization receives no federal or state funding. A capital
campaign would be utilized to fund the improvements and financing for
Phase I improvements of $4 million and an additional $10 million would
be raised for the other two phases. She stated a detox center with 20
beds would be including in the first building, eliminating the need for
individuals to be transferred to Larimer County in the future.
Trustee Elrod questioned how the Foundation fits the fee waiver policy,
especially 2.c. of the policy which stated the population being served is
the general public and is not subject to any pre -qualification other than a
needs based qualification.
After further discussion, it was moved and seconded
(Koenig/Blackhurst) to approve the requested fee waiver of $3,500
for the Development and Annexation applications by Harmony
Foundation and Harmony Foundation provide the additional $900,
and it passed with Trustee Elrod voting "No".
5. ACTION ITEMS:
1. DEVELOPMENT PLAN AND VESTING RIGHTS EXTENSION — WAPITI
CROSSING — CONTINUATION OF PUBLIC HEARING FROM MAY 14, 2013.
This item was reviewed at the May 14, 2013 meeting and the public hearing
was continued. Senior Planner Shirk restated the request by Lexington Lane
LLC for a one-year extension of the development plan approved in 2008 and
extended for two additional years in 2011. Since initial approval there has
been no development activity or construction plans submitted for
review/approval. Staff recommended conditional approval with the submittal of
a revised Development Plan #07-13 for review and compliance with the
Development Code Section 7.12 — Adequate Public Facilities prior to the
approval of construction drawings and application for a building permit if the
development plan and vesting extension are approved.
Trustee comments included the following: staff recommended denial at the
May 14th meeting and has presented a similar staff report for the approval of
the request, which appears inconsistent; the need for a new traffic impact study
Board of Trustees — May 28, 2013 — Page 5
seems unnecessary as traffic has not changed significantly since the approval
of the development plan; the developer would have to follow the
recommendations of the Fire District and Public Works would need to be met
in the event the request was approved or denied; no development has begun
in the past five years and questioned why now; and the applicant should apply
for a new development plan to address the public facility needs.
Jim Loftus/Lexington Lane LLC stated the intent was to develop the property
within the last five years; however, the $660,000 cost for infrastructure
improvements has been prohibitive in beginning construction due to the
economic climate. Meetings have been held with both the Fire District and
Public Works to address concerns and new drawing have been submitted to
the Fire District for review. He stated the traffic impact study completed in
2008 addresses the need for turn lanes and there should be no need for an
additional plan. The intent would be to start development in the spring of 2014
if the development receives the necessary funding to proceed.
Fred Mares/Town citizen and neighbor would not support the request and
questioned why the applicant did not come forward with the request 60 days
prior to the expiration date. He has not heard Mr. Loftus state he plans to
move forward with the project.
It was moved and seconded (Blackhurst/Elrod) to extend the public hearing
for 60 days to the second meeting in July to allow the developer time to
gather the information needed to determine if current adequate public
facilities are meet. The item was not voted on as a substitute motion was
presented.
It was moved and seconded (Koenig/Blackhurst) to approve the one year
extension through May 31, 2014 with the submittal of the revised
Development Plan #07-13 as outlined above and subject to the findings
and conditions recommended by staff, and it failed with Trustee Koenig
voting "Yes".
2. CONSTRUCTION CONTRACT FOR MULTI -PURPOSE EVENT CENTER &
STALL BARN PROJECT. Director Zurn presented the final negotiated
construction contract for the Multi -Purpose Event Center (MPEC) and stall
barn with Dohn Construction, Inc. At the March 12, 2013 Town Board meeting
the Board approved the commitment letter and bid award to Dohn with
financing to be determined and secured prior to May 31, 2013 in order to lock
the bid prices presented on January 15, 2013. The Town has secured
Certificates of Participation (COPs) to finance the construction; therefore, staff
requests the approval of the construction contract in the amount of $5,165,500
with a 10% contingency. The contract is for the building only and does not
include any internal finishes, infrastructure improvements (sidewalks, piping,
trenching, ramps, etc.) or required turn lane from Hwy 34 onto Community
Drive. Construction would begin on June 3, 2013 and be complete by
February 14, 2014. It was moved and seconded (Blackhurst/Ericson) to
award the construction contract for the Multi -Purpose Event Center
(MPEC) and Stall Barn buildings with Dohn Construction, Inc., with a not -
to -exceed cost of $5,165,500 and a 10% contingency of $516,550, and it
passed unanimously.
3. MEMORANDUM OF UNDERSTANDING (MOU) ESTES PARK HOUSING
AUTHORITY. Mayor Pro Tem Blackhurst recused himself as he is a member
of the Housing Authority. The purpose of the MOU is to clarify the services
provided by the Town to the Estes Park Housing Authority (EPHA). The Town
shall provide office space, including utilities and phone service, IT services,
legal services up to $10,000 annually, copier and fax services, access to Town
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benefits, and consider annual funding requests through the Town's Community
Services grant program. Either party may terminate the MOU with 180 day
notice prior to the end of any calendar year. The MOU provides for an annual
review of the terms and conditions. EPHA Director Kurelja stated the
agreement documents the operations that have been established over the past
13 years when the Authority was formed by the Town in 2000. It was moved
and seconded (Ericson/Phipps) to approve the Memorandum of
Understanding between the Town of Estes Park and the Estes Park
Housing Authority as presented, and it passed with Mayor Pro Tem
Blackhurst abstaining.
4. ORDINANCE #08-13 — LEASE AGREEMENT WITH THE ESTES PARK
LIONS CLUB FOR THE CONCESSION STAND AT STANLEY PARK
FAIRGROUNDS. Director Winslow stated the lease agreement provides the
Lions Club with the operation of the concession stand at the Fairgrounds at
Stanley Park through June 30, 2014. Trustee Koenig recused herself as she is
a member of the Club. Attorney White read Ordinance #08-13 into the record.
It was moved and seconded (Blackhurst/Phipps) to approve Ordinance #08-
13 for the lease agreement with the Estes Park Lions Club for the
concession stand at Stanley Park Fairgrounds, and the motion passed with
Trustee Koenig abstaining.
Mayor Pinkham whereupon he adjourned the meeting at/1"0:06
Jackie Williamson, Town Clerk
P.
William C. Pinkham, Mayor