HomeMy WebLinkAboutMINUTES Town Board 2013-04-23Town of Estes Park, Larimer County, Colorado, April 23, 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 23rd day of April, 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.
PROCLAMATIONS.
Mayor Pinkham presented the Rotary Club with a proclamation honoring the 25th
anniversary of the Duck Race to be held on May 4, 2013. He also proclaimed May as
Emergency Preparedness month.
PUBLIC COMMENTS.
None.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson commented the 2012 audit has begun and the Audit Committee would
meet in June to review the audit. The Transportation Advisory Committee conducted
its first meeting to discuss items such as mission, process, and bylaws. The committee
would meet monthly initially and then quarterly thereafter. A special meeting of the
committee would be held next week to provide an update on the FLAP grant.
Trustee Koenig stated Sister Cities information can be obtained at the Visitor Center.
Western Heritage continues to prepare for upcoming events including Barrel Racing,
Antique Show and the Rooftop Rodeo.
Trustee Norris informed the Board the Visit Estes Park (LMD) Board reviewed their
advertising plan to increase awareness nationally and increase overnight stays. Their
annual meeting would be held on Thursday, May 2, 2013 at the Aspen Lodge.
Trustee Elrod commented the Estes Valley Planning Committee meet today due to a
lack of a quorum at their regularly scheduled meeting. The Development Code was
recently changed to address the financing concerns of condominiums by allowing
townhomes. The Committee considered an application for a conversion at their
meeting this month. The Museum/Senior Center Master Plan group continues to work
with the consultant to bring forward an initial report to the Town Board on May 14th
The Shuttle Committee would meet and provide a report on the new trolley purchased
for the 2013 season.
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster met with RMNP Superintendent Baker to discuss the proposed
cuts to the federal government budget related to fire mitigation of $88 million to hazards
Board of Trustees — April 23, 2013 — Page 2
fuel reduction, a 50% cut. The funds are being reduced because the current modeling
has not shown an impact of fuel reduction programs; however, the modeling does not
take into account items such as beetle kill or the drought. By 2016, the Park would be
left with a skeleton fire crew for initial attack, cuffing 3 positions. The Park has stated
the Fern Lake fire was controlled by the prescribed burns completed in the area and
the manual fuel removal along Bear Lake Road. These efforts have been completed to
protect the properties and community surrounding the Park boundary, thereby
protecting the economy of the local communities. The Park may request the support of
the Town to maintain funding for these programs.
The Town would be conducting visioning sessions with the community to collect
information on areas of importance and concern to the public. The sessions would
include businesses and the general public. One session has already been conducted
with the non-profit groups.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated April 9, 2013 and Town Board
Minutes dated April 9, 2013.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works, April 11, 2013.
1. Intergovernmental Agreement with Larimer County Department of
Human Services - Hub Juvenile Assessment Center.
2. Installation of Flower Sculpture at Peacock Park.
4. Estes Valley Planning Commission Minutes dated March 19, 2013
(acknowledgement only).
5. Resolution #06-13, Schedule public hearing of May 14, 2013, for a New
Tavern Liquor License Application filed by M&S, Inc. dba Overlook Bar &
Grille, 165 Virginia Drive.
6. Intent to Annex Resolution #07-13 — Fall River Additions 12, 13, 14, 15, 16,
17, 18 & 19, Public Hearing scheduled May 28, 2013.
7. Appointment of Daniel C. Muffly as independent hearing officer — personnel
matter.
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda,
and it passed unanimously.
2. REPORT ITEMS:
1. AMERICA IN BLOOM. Postponed to May 14, 2013.
3. LIQUOR ITEMS:
1. NEW LIQUOR LICENSE - CARL SCOTT DBA COFFEE ON THE ROCKS,
510 MORAINE AVENUE, TAVERN LIQUOR LICENSE. Town Clerk
Williamson presented the application stating all necessary paperwork and
fees had been submitted. The applicant has applied as a sole proprietor for
a Tavern liquor license. T.I.P.S. training has been completed. Carl
Scott/applicant was present and stated the business would be adding
additional landscaping and outdoor seating areas with fire pits. The business
would like to feature wine and cheese along with special coffee drinks to their
patrons. It was moved and seconded (Blackhurst/Norris) to approve a new
Board of Trustees — April 23, 2013 — Page 3
Tavern liquor license to Carl Scott dba Coffee on the Rock at 510
Moraine Avenue, and it passed unanimously.
4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP #2, Stone Bridge Estates
Condominiums, 1167 Fish Creek Road, Stone Bridge Estates, LLC &
Hanson Holdings, LLC/Applicants.
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda
with the Planning Commission recommendations, and it passed unanimously.
2. ACTION ITEMS:
A. SPECIAL REVIEW 2013-02, ELKHORN TUBING HILL, All Elkhorn
Addition (Less Elkhorn Plaza Lodges, less a portion of a metes &
bounds parcel); 600 W. Elkhorn Avenue; CMS Planning/Applicant.
Senior Planner Shirk stated the request would develop a Commercial
Recreation or Entertainment Establishment, Outdoor (year-round tubing
hill). The tubing hill would include use of an existing structure for a
ticketing office, a 'magic carpet' surface lift similar to those used for ski
areas, and the tubing runs. The runs would be an artificial surface and
use hard -bottomed 'tubes' designed to slide on the plastic surface. The
tubes would be stored in the existing horse barn near the bottom of the
hill. The tubing operation would be a daylight only operation. The
Elkhorn Lodge property is zoned CO Commercial Outlying, and
therefore, the existing accommodations and horse stables uses are
classified as nonconforming. Staff has not performed a complete
analysis of the degree of nonconformity, but examples include:
accommodations/outdoor entertainment uses, unpaved parking,
development in river setback, exterior lighting, refuse disposal and ADA
access. EVDC provides for the continuation of nonconforming uses and
structures, but 'nonconforming uses shall not be altered or extended'
except the EVDC allows for nonconforming uses to move toward
compliance in phases. Staff finds that if the applicant successfully
addressed 1) The removal of the horse corral east of the horse barn
from the floodplain, and that area successfully revegetated; 2) The
number of horses and area of horse corral is reduced; 3) Waste
accumulation and junk vehicles removed; and 4) Incremental move
toward animal -resistant trash enclosures, the proposed use and
development would be moving toward overall conformity. In addition to
the nonconformities to development code standards, the property does
not comply with the Municipal Code including keeping of waste
materials, horses without permits, and unpermitted livestock such as
pigs, roosters and donkeys. Staff found the development does not
comply with the applicable standards of the development code,
including adequate public facilities such as drainage and pedestrian
access; the plan is consistent with the Comprehensive Plan; the
proposed development mitigates potential adverse impacts on nearby
land use by limiting operations to daytime operation; and the tubing hill
is a change to a nonconforming use. The Estes Valley Planning
Commission recommended denial to the Town Board of the Special
Review at their March 19, 2013 meeting.
Frank Theis/Applicant stated the current property owners have decided
to invest in the property through the clean-up and renovation of the
property with over 5 dumpster loads of debris removed. The property
Board of Trustees — April 23, 2013 — Page 4
continues to move towards compliance. It was decided at the Planning
Commission to move forward with a recommendation even if
unfavorable in order to pursue a summer operation because the tubing
hill material comes from Italy. One of the main issues raised by the
neighbors was the increase in noise produced by the development.
Noise readings on the property were conducted by Elkhorn Lodge staff
and provided to the Town Board. The applicant stated the proposal
would not increase the outdoor use because there would be a reduction
in the number of horses. The operation would accept defined operating
hours of 10 a.m. to 7 p.m. The applicant presented a letter signed by 58
businesses supporting the project. The parking area would be defined
with recycled asphalt.
Those speaking in opposition of the Special Review included Brendan
Duffy/Town citizen, John & Winnie Spahnle/Town citizens, Becky
Browning/Town citizen, Marie Steinbrecker/Town citizen, Aaron
Petrie/Town citizen, Ed O'Farrell/Town citizen and Eileen Albritten/Town
citizen. The neighbors spoke to the increase in noise due to the new
use and the expansion of the nonconforming use; tubing hill areas
generally have loud sound systems playing music and announcing
riders; the noise ordinance has been exceed on the property with loud
parties during the summer months disturbing the neighborhood; the use
does not belong on the property and would not enhance the historic
property; individuals have purchased their homes in the area due to the
quiet surrounding; and the development would decrease property
values for the surrounding neighborhood and reduce the quality of life of
the residents.
Those speaking in favor of the project included Dan Norris/County
citizen, Charley Dickey/Town citizen & business owner, and Cody
Mikolitch/County citizen. The tubing hill would provide an economic
means for the continued improvements of the property and without it the
community would lose the historic property. The proposal would add to
the development of a year -around economy in Estes Park and provide
winter activities not only to the guests but to the children living in the
community.
Board comments included the need for a development that meets the
code requirements; requested the applicant bring forward a new plan in
compliance with the code; recommend a new plan that addresses the
neighborhood concerns with the completion of a comprehensive
professional noise study and address drainage on the property; and
landscaping requirements of the development code may abate the noise
issues and should be reviewed with a new proposal.
It was moved and seconded (Blackhurst/Norris) to deny the Special
Review application 2013-02, Elkhorn Tubing Hill, finding that the
application does not comply with the Estes Valley Development
Code, and it passed unanimously.
5. ACTION ITEMS:
1. BOARD OF APPEALS APPOINTMENTS. Director Chilcott stated the Board
of Appeals was modified in 2011 with the adoption of the 2009 International
Building Codes from a three- to a five -member Board with technical
qualifications for members. Staff posted the position and received eight
applications and held interviews. The interview team recommended Joe
Calvin, Don Darling, Brad Klein, Tony Schiaffo and John Spooner. Once the
Board is appointed, staff would conduct training, form a new webpage for the
Board, draft bylaws, and revise the local amendments to remove the two
Board ofTrustees — April 23.2O13—Page 5
alternate positions. bwas moved and seconded (horrin/Phipps) to appoint
members to the Estes Park Board of Appeals: Joe Calvin for a five-year
term expiring May 1.2O1Q.Don Darling for mfour-year term expiring May
1. 2017' Brad Klein for a three-year tomn expiring May 1, 2016. Tony
Sohiaffofor atwo-year term expiring May 1.2O15.and John Spooner for m
one-year term expiring May 1.2O14.and the motion passed unanimously.
It was moved and seconded (B|aokhurmt,'Nunio)hz extend the meeting to 11:00
p.m,and the motion passed unanimously.
2. PURCHASE 0FK8|NI-EXCAVATC)R. Director Bongstenpresented the request
to nap|aoo the Water Department's 15-year-old buukhoe as it has become
unsafe N operate. The Department's needs would be better served with the
purchase of a mini'oxoava0or, skid steer loader and trailer. The new
equipment would allow staff to work more efficiently, capable of digging six-foot
deep trenches for water muino, and work on private property with limited
damage to vegetation. The equipment would be shared with other
departments including Community Services and Public Works. The Town
could also share the equipment with Estes Park Sanitation. The vehicle
replacement fund has $131,717 escrowed to replace the equipment; however,
the item was not budgeted for in 2013. Staff recommends the purchase of
Caterpillar 308ECR SB mini -excavator for 870.050 after a o24.000 trade-in of
the baokhoa. It was moved and seconded (Koenig/Ericson) to approve to
purchase the Caterpillar mini'excmvahorfrom Wagner Equipment for the
quoted price of$7Q.O58.and the motion passed unanimously.
Mayor Pinkhamcalled a 10 minute break at0:50 pm. and reconvened the meeting at
3. MORAINE AVENUE (HVVY 36) PEDESTRIAN IMPROVEMENTS —
CONTRACT APPROVAL. [NoDowoU Engineering has finalized the design
plans for the [Nunoino Avenue improvement with a scope of work including
engineered oidewu|k, curb and gu#or, handrail and drainage improvement
along Moraine Avenue at Elkhorn Avenue south to Crags Drive. Engineer Ash
stated during the design phase two items were removed (removal of pedestrian
crossing at Wiest Drive and the rehabilitation of the sidewalk and handrail from
Crags Drive north to Snowy Peaks Winery. Once the design met with Public
VVnrko and CDOT approval the project was advertised for bid on March 28.
2O13with three bids received:
Mountain Constructors, Inc,/Puttev||e
Technology Constructors |no^4\nxada
NnUbstarConcrete, Inc.
���77.0
$312.020.04
$307.28375
Staff recommended Mountain Constructors, Inc. of P1attevUo, which has
proposed the use of local fimon such as Cornerstone Concrete for sidewalks
and Von Horn Engineering to conduct surveying. The project timeline has
been estimated utfour Vo six weeks. The project would be funded with CD0T
roadside enhancement funds $20Q.8UUand ST|Pfunds of$OO.277.30.
The Board questioned the need to utilize ST|P funds for the project;
questioned the improvements along the upper half ofMoraine may be lost in
the future if the Town is successful at obtaining FLAP grant funds Vo reroute
downtown; would Public Works oversee the project; and COOT has requested
signaling of the Wiest intersection in the post, which does not appear in the
current design.
Staff stated the project ax000dod the engineer oehmmteo because of the
overall cost of homo such an construction surveying and traffic control.
Construction management of the project would be completed by Farnsworth
Board of Trustees — April 23, 2013 — Page 6
due to the number of projects ongoing in Public Works. CDOT has completed
modeling of the Wiest pedestrian crossing and has demonstrated there is no
need for a signalized crossing.
Trustee Ericson stated concern with presentations being incomplete and stated
concerned with the budgeting for the project.
After further discussion, it was moved and seconded (Norris/Koenig) to
approve the award of the Moraine Avenue (Hwy 36) Pedestrian
Improvement Project construction contract to Mountain Constructors,
Inc. with a not -to -exceed fee of $299,877.30, and it passed with Trustee
Ericson voting "No".
4. ORDINANCE #06-13 APPROVING CERTIFICATES OF PARTICIPATION.
Finance Officer McFarland stated staff has worked with Jim Manire/Financial
Consultant to review and negotiate a Certificate of Participation financing
package to fund the Multi -Purpose Event Center and stall barn at
approximately $6.1 million. The Town issued an RFP and received 7
responses with Branch Banking and Trust, headquartered in North Carolina,
offering the lowest interest rate (2.43%) and the best Call option (callable after
December 1, 2020, without penalty). Annual payments are estimated at
$515,000, with the final payment due in December 2027. UMB Bank would act
as the Trustee. Ordinance #06-13 would approve and authorize the execution
of the leasing of Town Hall and a portion of the Municipal Parking Lot to UMB
Bank (Trustee) by executing a site lease; sublease of the leased property from
the Trustee back to the Town by the execution of the Lease Purchase
Agreement; and acknowledgement of the execution and delivery by the
Trustee of the Indenture of Trust and the approval of $6,125,000 as the
maximum principal amount of the Certificates that may be executed and
delivered under the indenture.
Trustee Phipps stated concern with the language in the sublease stating the
Town has an option to purchase the leased property and would suggest the
language be amended to state purchase the lease hold interest.
Attorney White read the Ordinance into the record, it was moved and
seconded (Norris/Blackhurst) to adopt Ordinance #06-13 for the
Certificates of Participation and to use the proceeds to build the Multi -
Purpose Event Center and stall barn at the fairgrounds at Stanley Park,
and it passed unanimously.
It was moved and seconded (Koenig/Norris) to extend the meeting to 12:00 a.m.
and the motion passed unanimously.
5. INTERGOVERNMENTAL AGREEMENT WITH USA PRO CYCLING
CHALLENGE BIKE RACE. Director Winslow stated Larimer County,
Loveland, Fort Collins and Windsor were successful at securing a stage of the
USA Pro Challenge through Northern Colorado. An IGA between the entities
would create an Enterprise able to receive and distribute funds and negotiate
and sign agreements. The entity would be known as the Northern Colorado
Pro Challenge Local Organizing Committee (LOC) and will be responsible for
the planning, promoting, and conducting the event. The LOC would be
governed by an Executive Committee consisting of nine members, one from
each Town/County agency and four other members chosen by the five
agencies. Staff requests approval of the needed road closures for the event
based on the route approved by the race officials. The length of the closures
would be kept to a minimum to conduct the race and ancillary events. Staff
also recommends appointing Director Winslow as the Town representative on
the LOC. The budget for the event continues to develop; however, staff
requests $15,000 as well as in kind donations for the event. After further
Board ufTrustees — April 23.2U13—Page T
diauuaoion, it was moved and seconded (B|aukhurst/Ehnnnn) to approve the
Intergovernmental Agreement for the Northern Colorado Pro Challenge
Local Organizing Commidaa, including necessary road closures for the
race and naming Director Winslow as the Town Representative for the
Local Organizing Conmmnitten, and it passed unanimously.
0. EXTENSION Of ESTES PARK HOUSING AUTHORITY LOAN. Finance
Officer McFarland stated the Town entered into -the original two-year loan in
June of 2000 with the Estes Housing Authority for $27 million for the
acquisition and resale of |uw_noumo housing. Extensions of the agreement
have been approved bythe Town Board in2U08.2O1Oand 2011. The current
extension expires on June 1. 2013; howevor, abalance ofthe loan remains
with approximately $313.0OOstill outstanding. The Authority has requested an
additional two-year extension through Juno 1. 2015 with o commitment to
continue to make principal payments onthe loan with each unit sold uowell ae
monthly payments of$2.00O regardless of unit so|on.
DirectorKune|ju was present and thanked the Town Board for the continued
support of the Authority. She stated the Authority through the partnership with
the Town has provided low incomo housing to s*niore, provided housing to
teachers, seasonal housing and §!|odatremendous community need.
It was moved and seconded (Koenig/Ericson) to extending the Estes Park
Housing Authority Loan for two yeams, expiring on June 1. 2015. and it
passed unanimously.
7. FOSH AGREEMENT ' DETERMINATION OF FEA6|BLRY. Pursuant to an
Agreement dated May 14. 2002 between Friends ofStanley Hall (FOSH) and
the Town of Estes Pa/k. FOSH transferred to the Town $475.435.34xaioed to
build a performing art theater in Eo0*a Park. A Memorandum of Understanding
(K4{)U) between the Town and the Supporters of the Performing Arts, Inc.
(SOPA), stated the FOSH funds would be used to construct a theater at
Stanley Park Fairgrounds property owned bythe Town. OnApril 2O.2011.the
Town Board extended the FOSH Agreements to determine feasibility of the
SOPA Theater project to May 0. 2012. and extend all other dates in the FOSH
Agreements byone year. In March, 2012. SOpAtmrminatod the &1OU with the
Town effective April 12, 2012. The original FOSH agreement stated if a
performing arts theater was determined to not be feasible the funds should be
distributed; however. the Town Board has not determined the feasibility of
theater. Prior to moving forward with the application pmooao for donation of
the FOSH funds, the Town Board needs to make a determination that "a facility
is not foaaib|o"There are no other references within the FOSH Agreements as
tohow odetermination ofnunfemnibi|ityiotobemade bythe Town Board.
Trustee comments have been summarized: Trustee B|ockhurst stated the
Town should follow through with the original intent of the donors and terminate
the agreement and distribute the funds per the agreement; Trustee Elrod
commented the theater has been determined to be feasible booed on the
recent approval bythe Board <wagree toaland purchase byEPIC for atheater
downtown-, and Trustee Norris would support the feasibility of the theater to
allow EPIC the opportunity tomove forward with the current plan.
Stan Black/EPIC Board President road a prepared statement from the EPIC
Board stating the approval of the purchase option agreement between EPIC
and the Town was predicated onthe fact the proposed performing arts theater
downtown was infact feasible. The EPIC Board continues to move forward
investing time and money into the project including funds dedicated to the
development p|an, consultants and a capital campaign. He requested the
Town honor the intent of the 270 FOSH donors to build a performing art
theater in Estes Par k.
Board ofTrustees — April 23,2O13—Page 8
Teresa [Naha VVidaweki/Countyreadnrt and EPIC supporter reaffirmed the
Board's approval of the land option suggested the project was feasible and
requested the Board provide EPIC the time to raise the capital before
determining the pnoioot io not feasible.
M was moved and seconded (B|aokhurst/) that pursuant to the applicable
provisions of the FQSH Agreements a facility at the Stanley Park
fairground is not feasible and directed staff to begin the application
process to distribute the existing FOSH funds, motion died for a lack of
second.
It was moved and seconded (Phipps/Koenig) the construction of m
Performing Art Theater appears to be feasible as of this date. The Town
will continue tohold FOSHfunds asithas been until January 31.2U17. If
nosignificant construction mfmnew Performing Art Theater inEstes Park
isunderway bysaid date, applications for funds shall then bmtaken and
acted upon by the Town Board. What will constitute significant
construction shall be determined by the Board of Trustees at that time.
The motioned passed with Mayor Pro Tern B|ackhuostvoting "No".
�
Mayor Pinkham whereupon he adjourned '
/1
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William C.Hnkham.Mayor
Ja,6kie Williamson, Town Clerk