HomeMy WebLinkAboutMINUTES Town Board 2013-02-26Town of Estes Park, Larimer County, Colorado, February 26, 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 26t' day of February, 2013. Meeting
called to order by Mayor Pinkham.
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.
PUBLIC COMMENTS.
John Meissner/Town citizen invited the public to a meeting to be held Thursday,
February 28, 2013 to discuss and organize a meeting of Lady Dunraven the widow of
the 7th Earl of Dunraven this summer or fall.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Elrod stated the Town would accept nominations for the Pride Awards during
the month of March to recognize the Volunteer, Business, Group, and Teacher of the
Year. The Town also awards a scholarship to a graduating senior.
Trustee Norris reported the Visit Estes Park (LMD) Board met on February 19th to
compile strategic plan elements necessary to move forward with national certification
as a Local Marketing District. The Town has received 24 bear -resistant trash/recycle
containers, and staff has begun installing the units. He thanked the League of Women
Voters for obtaining the grant that helped make the project possible.
Trustee Koenig thanked the Friends of the Museum and Museum staff for the recent
Hidden Valley presentation which brought back wonderful memories of the old ski
resort.
Trustee Ericson thanked the Estes Valley Partners for Commerce for their leadership in
focusing the economic development effort and bringing Downtown Colorado, Inc. in to
complete an economic assessment. These efforts would help the community approach
economic development proactively rather than reactive. He stated the Town Tree
Board would be accepting applications in the near future for two vacancies. The
Community Development/Community Services Committee would meet on Thursday,
February 28, 2013 at 8:00 a.m. in the Board Room. The Town continues to accept
applications for the Transportation Visioning Committee through Friday, March 1, 2013.
Trustee Phipps stated the Open Lands Board would meet Thursday, February 28,
2013.
Mayor Pro Tem Blackhurst stated the Colorado Division of Housing has converted a
$350,000 loan into a grant which completes the financing for Vista Ridge. The Housing
Board nfTrustees — February 20.2V13—Page 2
Authority continues to work on the site specific needs assessment of Lot 4, Good
Samaritan and once determined would have 180 days to fund the project.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated February 122013.Town Board
Minuteedahed February 7and 12, 2013.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works, Fobruary14`2U13.
1. Harmony Park Musical Instrument, Freonoteo $5.000.Budgoted.
2. Compact Excavator, Bobcat ofthe Rockies '$43.3Q8.84.Budgeted.
4. Estes Valley Planning Commission Minutes dated January 15, 2013
(acknowledgement only).
5. 2013 Renewal — Investment Advisory Agreement with Cutwmter Investor
Services Corp.
G. IntergovernmentalAgneemsmvvthLahmerCountytoaddnassVVi|dlandand
Forest Fire Mitigation.
7. Resolution #08-13—Schedule public hearing date of March 12. 2O13for a
New Beer & Wine Liquor License Application filed by Elk Meadow RV
Essential Group, LLCdbuElk Meadow Lodge &RVResort, 1O05Hwy 8O.
It was moved and seconded (Blaxkhurst8Nnrris) to approve the Consent Agenda,
and itpassed unanimously.
:. REPORT ITEMS:
1. 4naQUARTER FINANCIAL REPORT.
Finance Officer McFarland reported em|ea tax revenues for 2012 reached a
record high of $7.889 million, surpassing 2011 by 8.396. Sales tax has
improved since May 2010 when the downward trend reversed itself.
Annualized nu|oo tax has increased at a rate of0'2Q96. Since 2010. lodging
has increased 22%, food 11% and retail 6%, with overall naieotax increasing
13%over the same period. Areview ofthe 84%increase insales tax revenue
from 1995 2012versus CPI demonstrates realized growth in revenues of
25%. Amajority ofthe growth over the past 15years has been CPI driven, and
therefore, corresponds toanincrease incosts ufproduct and labor.
2. UPDATE ONRFPAND SCHEDULE FOR CVBPARKING STRUCTURE.
The Town has secured grants needed tofully fund the CVBtransit and parking
structure with a project budget of$4.0 million. The grants consist ofafederal
Paul SarbnneoTransit in Public Lands grant and two Colorado State grants
(CMAQ and FASTER). Staff has begun the RFP process to procure design
services which will be advertised mid'yWanoh, with selection of design firm in
April. Once a design firm has been ootab|iohod, meetings would be held with
the Board to develop preliminary schematics. Final design would be
completed in August for ounatnuo\ion bids and construction to commence in
October. The project would be completed by May of2O14. The Town Board
requested staff hold 2 public design sensiono, one at the beginning of the
design process and one etthe end.
Board of Trustees — February 26, 2013 — Page 3
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP #5, Solitude I
Condominiums, Unit 10; 1890 Sketch Box Lane; Paul
Kochevar/Owner.
B. SUPPLEMENTAL CONDOMINIUM MAP #5, Stanley Avenue
Condominiums, 444 & 446 Stanley Avenue, Units V & W; Stanley
Avenue Condominiums, LLC/Owner.
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda
approved with the Planning Commission recommendations, and it passed
unanimously.
2. ACTION ITEMS:
A. ORDINANCE #05-13, Rezoning request from A-1 — Accommodations to
A — Accommodations, Lots 1 and 2, Witt Subdivision, 900 W. Elkhorn
Avenue, Robert Fixter/Applicant.
B. DEVELOPMENT AGREEMENT, Lots 1 & 2, Witt Subdivision, 900 W.
Elkhorn Avenue, Robert Fixter/Applicant
Director Chilcott reviewed the staff report stating the property owners
have submitted a request to rezone from A-1 to A to allow the property
to be used by guests not staying ovemight at the facility, e.g. guest
attending weddings, business retreats, meeting of local organizations,
etc. Lot 1 contains a 10,000 sq. ft. small hotel and Lot 2 is
undeveloped. In conjunction with the rezoning the property owners
have submitted a development agreement to establish allowed uses,
location, and intensity of uses on both lots to minimize neighborhood
impact; allow Lots 1 and 2 to function as one lot; and allow pathways
constructed on Lot 2 to remain outside the platted limits of disturbance.
Section 3.3.D of the Estes Valley Development Code requires
amendments to the zoning map to comply with the applicable standards
of the code, including 1) Is the amendment (rezoning) necessary to
address changes in conditions in the areas affected?; 2) Is the
development plan, which the proposed amendment to this Code would
allow, compatible and consistent with the policies and intent of the
Comprehensive Plan and with existing growth and development patterns
in the Estes Valley?; and 3) The Town, County or other relevant service
providers shall have the ability to provide adequate services and
facilities that might be required if the application were approved. Staff
recommended support of the limited rezoning to A -Accommodations to
allow day use. The Estes Valley Planning Commission has
recommended denial of the rezoning with a 6-1 vote finding the
rezoning does not meet the threshold for the Commission to consider a
zoning change; the property is located in a residential neighborhood;
impact on adjacent properties and their value could be severe; noise
traveling along the river could be detrimental to neighbors; and A-1
zone district is used as a buffering mechanism between high density
and residential uses. Director Chilcott stated the application and
development agreement have been modified since the Planning
Commission meeting to define a functional parking plan, limit the
number of guest to 68, and no organized events in the wetland or river
setback areas.
Board of Trustees —February 26, 2013 — Page 4
Attorney White restated the rezoning of the property would allow non -
guests to use the property. The development agreement would limit
events outside to no more than 10 participants; however, would not limit
the casual use of the property by those staying or using the property.
Bob Fixter/Property owner stated the previous CO —Commercial Outlying
zoning would have permitted a wedding hall on the property; however, it
was not his intent, therefore the property was rezoned to A-1 Low
Intensity Accommodations in 2011. The purpose of the rezoning is to
allow day use of the property for meetings and to allow guests that may
not be staying at the property to attend functions. He stated the facility
would be open to outside local use for a minimal fee to cover
maintenance and cleaning of the facility. Noise from the property has
been addressed with the restrictions outlined in the development
agreement, and quiet hours are enforced as he and his wife live on the
property. He stated the property has been fully upgraded per the
building code and fire code with over $150,000 in expenses and should
be a model for this type of business in Estes Park. He has also offered
to build a fence and add landscaping to help shield the property.
Those speaking in favor of the rezoning included Cheryl Wagner/Town
citizen, Marcia Logan/Town citizen, Stan Wehrli/Town citizen, Alex
Ho/Allenspark citizen, Robert Schick/County citizen and Brian
Biggs/Town citizen. The property owners live onsite and are concerned
about the neighborhood; the rezoning would allow outside groups to use
the facility for meetings and functions; the facility is large and can
accommodate large groups inside with indoor activities; the area was
previously zoned commercial including some of the surrounding now
residential lots; the facility would be a good addition to the community;
and individuals or groups that can afford to rent the facility are not going
to throw wild parties and would respect the neighbors.
Those speaking in opposition to the rezoning included Jackie
Love/Town citizen, Ken Wynstra/Town citizen, John Edy/Town citizen,
Ross Bethel/Town citizen, Dennis Lovell/Town citizen, Ed Wagner/Town
citizen, Larry Wuellner/Town citizen, Johanna Darden/Town citizen,
Kathleen Baker/Town citizen. The group urged the Board to accept the
recommendation from the Planning Commission. The rezoning would
increase the use to high intensity use; would be out of character with the
residential neighborhood; would negatively affect property values of the
surrounding residential properties; stated concern with trespassing with
the current zoning and would only increase with the rezoning; noise
from the property impacts the livability in the area; the high intensity use
of the property would not be in the best interest for the neighbors or the
community and does not belong in a residential neighborhood; and
stated concern with the potential destruction of the wetlands.
Board comments are summarized: a number of the Board members
toured the property and contend the area is residential in character; the
impact to the neighbors would be significant; the request to rezone does
not meet the threshold to rezone; and agree the A-1 zoning is a buffer
for the residential uses.
Trustee Phipps would be in favor of the rezoning with a more restrictive
development agreement including a limitation on the number of people
to 50, no more than 20 people outside and the addition of one more
parking space.
Board of Trustees — February 26, 2013 — Page 5
Attorney White read Ordinance #05-13 into the record. It was moved
and seconded (Elrod/Blackhurst) to deny Ordinance 05-13 and the
development agreement and it passed with Trustee Phipps voting
"No".
Mayor Pinkham called a 10 minute break at 9:30 p.m. and reconvened the meeting at
9:40 p.m.
It was moved and seconded (Norris/Phipps) to extend the meeting to 11:00 p.m. and
the motion passed unanimously.
4. ACTION ITEMS:
1. ORDINANCE #04-13 REVISED OPTION FOR EPIC TO PURCHASE TOWN -
OWNED REAL ESTATE FOR PERFORMING ARTS CENTER. Attorney
White presented the Board with a revised Option to purchase Town owned real
estate to build a performing art theater by Estes Performance Incorporated
(EPIC). All terms of the original agreement stand with the exception of the
following: the option must be exercised by January 31, 2017, prior to closing,
the Town will have relocated the 30 parking spaces from the property between
June 15 and October 1 of each calendar year within the Town's CD -
Commercial Downtown zoning district. Until such time the Option is executed
the Town owned property would remain a parking lot.
Those speaking in favor of the Option included Teresa Maria Widawski/Town
citizen and organizer of the Friends of the Rocky, Stan Black/County citizen
and EPIC Board member, and Greg Steiner/Town citizen. The Board was
presented with a petition containing over 437 signatures in support of the
theater and the Option. The theater would enhance the community and the
economic future of the town. The newly proposed Option would require the
approximately 30 parking spaces to be relocated, and removed the restrooms
as they added no value to the project per the Town. Previous attempts at a
theater did not succeed because they were Town projects utilizing Town
funding. This venture would be funded solely with private funds.
Those speaking against the Option included Dave Albee/Town citizen, Scott
Jandrain/Town citizen and downtown business owner, Ken Harger/Town
citizen, Johanna Darden/Town citizen, Bill Darden/Town citizen, Heather
Stone/Town citizen and downtown business owner, Tricia Kob/county citizen,
and Ty Nagl/Town citizen and business owner. Those speaking opposed the
location of the theater downtown; the removal of parking downtown for the
project; suggested the Option be voted on by the citizenry; objected to
spending tax dollars on the project; suggested the developer provide and build
the easement as part of the development; the Town should not pay for the
easement; stated concern with the size of the building; and would support a
smaller theater in this location.
Trustee Phipps stated EPIC has not submitted an application for a Special
Review of the project nor has a Development Plan been submitted for review.
The submittal of such would have outlined the project clearly and would have
provided exchange of information prior to the Option being considered. He
confirmed the project would undoubtedly have a positive effect on the local
economy; however, it comes at the expense of a very important parking lot. He
stated concern with the extension of the new Option to 2017 and a 3 year
period to build the theater, possibly obligating future Boards. He supports
economic development and a performing art theater; however, he stated
cautious consideration has been given to the entire downtown area affected by
this proposal.
Board of Trustees — February 26, 2013 — Page 6
Trustee Ericson stated he supports the Option for the performing art theater.
The Option would finally complete the downtown riverwalk through the
property. He supports the project as it is privately funded.
Mayor Pro Tem Blackhurst commented the Town has required developments in
the past to provide easements through projects for sidewalks, trails, and/or
utilities through the development plan process. He stated EPIC chose to
relinquish the property at the fairgrounds, forego money set aside for
infrastructure improvements at the fairgrounds, forego FOSH funds for the
building of a theater, and design a building larger than the property could
accommodate. The Option benefits a single private entity and mandates the
Town would obligate capital funds to resolve parking downtown due to the loss
of the 30 parking spaces or more over 243 parking spaces. He reiterated a
Special Review and Development Plan should have been reviewed first.
Trustee Norris stated he voted against the initial Option because it did not
address the loss of the parking spaces. The revised Option addresses how
the Town can work with the private entity to address parking issues downtown.
Concerns have been raised by the public as it relates to the design,
construction, and operate of a large theater in a confined space; therefore,
steps must be taken to minimize the impacts of design, construction and
operation of the theater on the surrounding properties. He stated the granting
of the Option contains a number of safeguards; therefore, the granting of the
option would not pose a risk to the Town.
It was moved and seconded (Koenig/Phipps) to extend the meeting to 11:20 p.m. and
the motion passed unanimously.
Trustee Koenig stated the Town continues to review options for additional
parking including parking structures, parking lots downtown, incentive
programs for downtown employers and employees to use the shuttle, and a
NEPA study would be completed in August to discuss parking and traffic in
Estes Park. She commented it is difficult to find 30 more parking spaces
downtown. She encouraged all citizens to consider riding the shuttle during
the summer season to free up parking spaces downtown instead of placing the
responsibility on the Town and Library employees. The Town and CDOT have
been marginally successful in getting the tourists/guests to use the shuttle
system.
Trustee Elrod stated the Estes Valley Development Code does not require
parking for redevelopment downtown; therefore, the project should not be held
up due to parking requirements as there are no requirements. The Town
cannot dictate the location, business plan, and size of a private development.
If the project fails the lender would get the property and improvements by
default of the loan. The sale of the property does not have to go to a vote per
the state statute. He stated the parking study outlined a number of items that
should be addressed such as a shuttle system, parking structure, signage, etc.
and the Town continues to review the document and make changes and
additions to the transit system.
Attorney White read Ordinance #04-13 into the record. It was moved and
seconded (Koenig/Ericson) to approve Ordinance #04-13 with the removal
of section 10.10.h of the real estate contract, and the motion passed with
Trustee Phipps and Mayor Pro Tem Blackhurst voting "No".
2. INTERGOVERNMENTAL AGREEMENT WITH PLATTE RIVER POWER
AUTHORITY FOR THE FUNDING AND COORDINATION OF A JOINT
COMPENSATION STUDY. Continued to the next meeting of March 12, 2013
Board pfTrustees — February 2O.2V13—Page 7
Mayor Pinkharn whereupon he adjourned the meeting at 11:20 p.m.
I �'
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William C. Pinkham, Mayor
J6-dkieWilliamson, Town Clerk